Popular Sovereignty and Local Governments

It is now over ten years since the 73rd and 74th amendments to the Constitution were enacted with great hope and anticipation. Unfortunately, local governments in most parts of the country continue to be feeble and anaemic. As has now become the habit, our law-makers are loquacious without substance. Together the two amendments are about 7700 word-long, and yet the key provisions regarding the powers and functions of panchayats (Article 243-G) and municipalities (243-W) are vague and feeble.

Subsidiarity

“Nowhere has democracy functioned well without a large measure of local self-governance” – Friedrich Von Hayek in “The Road to Serfdom”

Liberty and Collective Action

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

 

FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION

 

Constitution and Challenges of Federalism

align="left">We have just completed 55 years as a Republic, and this is a good opportunity to introspect.  With great hope and expectation, the members of the Constituent Assembly adopted the Constitution on November 26, 1949, and the new Republic came into existence on 26 January, 1950.  By any standard it was an extraordinary occasion.

Constitution and Challenges of Federalism

We have just completed 55 years as a Republic, and this is a good opportunity to introspect.  With great hope and expectation, the members of the Constituent Assembly adopted the Constitution on November 26, 1949, and the new Republic came into existence on 26 January, 1950.  By any standard it was an extraordinary occasion.

Needed : Bold Reform, Not Legal Nitpicking

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Stakes in Growth for All Sections

dir="ltr">One of the most contentious issues in public discourse in India is the quota policy (reservations) in favour of Dalits and other disadvantaged sections. Almost all educated Indians are divided on this issue of reservations on caste lines. In any group, the opponents of reservation are most likely to be caste Hindus who fear loss of opportunities, and supporters tend to be disadvantaged sections seeking more opportunities for advancement. Our Constitution-makers took great pains to make special provisions in favour of disadvantaged sections.

Governance in States – ‘Dangerously Stable Equilibrium’

We have witnessed momentous developments during this week. The heinous Mumbai blasts killing scores of people and injuring many more, the collapse of the BSP-BJP coalition in Uttar Pradesh, and the report of ASI on Ayodhya – all these are events which could have far-reaching impact on our polity and society for some time to come.

Curtail Autocratic Party Bosses

The Union Cabinet is reported to have decided to introduce in Parliament amendments to the anti-defection provisions of the Tenth Schedule.

Balanced Federalism - Need of the Hour

The recent spurt in terrorist violence and the unresolved Cauvery river water dispute brought to the fore once again the imbalanced nature of our federalism. For long scholars have argued with reason that our Constitution is quasi-federal in nature, and in times of emergency (under Article 352) and imposition of president’s rule under Article 356, it becomes completely unitary. These apart, the states in India are completely at the mercy of the Union for their very existence.

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