Explained | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mines and Minerals (Development and Regulation) Act of 1957 (MMDR Act);
Mains level: Design of power between Union and state;
Why in the News?
The Supreme Court delivered a significant 8:1 judgment affirming that State Legislatures have the power to tax mining lands and quarries, independent of the Parliament’s Mines and Minerals (Development and Regulation) Act of 1957 (MMDR Act).
About the verdict given by SC
Judgment Overview: The majority opinion, authored by Chief Justice D.Y. Chandrachud, stated that states derive their taxing authority from Article 246 and Entry 49 of the State List, which pertains to taxation on lands and buildings.
Distinction Between Tax and Royalty: The Court clarified that royalty paid for mining leases is not considered a tax.
Royalty is viewed as a contractual obligation between the mining lessee and the lessor, thus not subject to the same regulatory framework as taxes.
Parliamentary Limitations: The judgment emphasised that the MMDR Act cannot impose limitations on state taxation powers regarding mines and quarries. The Court rejected the argument that Entry 50 of the State List allowed Parliament to impose restrictions on state taxes related to mineral rights.
Dissenting Opinion: Justice B.V. Nagarathna provided a dissenting opinion, cautioning that allowing states to tax under Entry 49 could lead to double taxation and undermine the specific provisions of Entry 50.
About the Mines and Minerals (Development and Regulation) Act of 1957
The MMDR Act was enacted to regulate the mining sector in India, ensuring the development and conservation of minerals while balancing the interests of the state and the public.
The Act provides a comprehensive framework for the licensing and regulation of mines, including provisions for the fixation of royalties on mineral extraction.
The Act has been a point of contention regarding the extent of state powers to impose taxes on mineral rights, with arguments that it limits state legislative competence in this area.
The Supreme Court’s recent ruling clarifies that the MMDR Act does not restrict state powers to tax mineral rights, thus resolving conflicts arising from previous interpretations of the Act.
On the division of the power
Constitutional Framework: The Constitution of India delineates the distribution of powers between the Centre and the States through the Seventh Schedule, which includes the State List and the Union List.
Entry 49 and Entry 50: Entry 49 allows states to levy taxes on lands and buildings, while Entry 50 pertains specifically to taxes on mineral rights, subject to limitations imposed by Parliament.
Judicial Clarity: The Supreme Court’s judgment clarifies that states can exercise their taxing powers under both Entries 49 and 50 without interference from the MMDR Act, reinforcing the states’ authority over local resources.
Conclusion: The Supreme Court’s ruling affirms that states can tax mining lands independently of the MMDR Act, highlighting their authority under Article 246 and Entry 49, despite dissenting concerns about double taxation.
Mains PYQ:
Q Though the federal principle is dominant in our Constitution and that priniciple is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. 15M
Mains level: Factors Contribute to the Persistence of Illegal Coal Mining;
Why in the News?
On July 13, three workers died of asphyxiation inside an illegal coal mine in Gujarat’s Surendranagar district.
How Prevalent is Illegal Coal Mining in India?
Illegal coal mining has led to multiple fatalities, including recent incidents in Gujarat, Jharkhand, and West Bengal, highlighting its prevalence and dangers.
There are 10 workers who have died in illegal mining incidents in Gujarat alone this year, showcasing the ongoing risks associated with this activity.
Illegal mining is often conducted in abandoned mines or shallow coal seams, particularly in remote areas, where monitoring and enforcement of regulations are weak.
What are the Legal Frameworks Governing Coal Mining in India?
Coal Mines (Nationalisation) Act, 1973: This act nationalized coal mining in India, regulating who can mine coal and under what conditions.
Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act): This central legislation governs the mining sector, detailing processes for acquiring mining licenses and regulating mining activities. It empowers state governments to frame rules to prevent illegal mining.
While the MMDR Act provides a framework, the enforcement and regulation of illegal mining fall under state jurisdiction.
Why is the Responsibility for Addressing Illegal Mining Placed on State Governments?
Law and Order Issue: Illegal mining is categorized as a law and order problem, which is a subject under the State List of the Constitution, making it the responsibility of state governments to address.
Limited Central Authority: The Union government often shifts the responsibility to state authorities, citing the decentralized nature of governance in matters of local enforcement and regulation.
What Factors Contribute to the Persistence of Illegal Coal Mining?
High Demand for Coal: With coal accounting for 55% of India’s energy needs, the high demand often exceeds legal supply leading to illegal mining activities.
Poverty and Unemployment: Many coal-rich areas are home to impoverished populations who resort to illegal mining as a source of livelihood due to limited job opportunities.
Weak Regulatory Enforcement: Inadequate monitoring and enforcement of mining regulations in remote areas allow illegal mining operations to flourish.
Political Patronage: Allegations of political leaders’ involvement in illegal mining operations complicate efforts to curb these activities, as seen in various states.
What Safety Risks Do Workers Face?
Lack of Safety Equipment: Workers often operate without helmets, masks, or other protective gear, significantly increasing their risk of injury or death.
Hazardous Working Conditions: Illegal mines are typically unregulated, lacking proper structural support, making them vulnerable to cave-ins, landslides, and explosions.
Toxic Gas Exposure: Miners are at risk of asphyxiation from inhaling toxic gases like carbon monoxide, as evidenced by recent fatalities in Gujarat.
Continuous exposure to coal dust and hazardous substances can lead to respiratory issues and chronic health conditions, further endangering workers’ health.
Conclusion: Need to implement advanced surveillance technologies, such as drones and satellite imaging, to monitor and detect illegal mining activities in real-time. This can improve the efficiency of enforcement agencies in identifying and responding to illegal operations swiftly.
From UPSC perspective, the following things are important :
Prelims level: Constitutional provisions related to Municipality ;
Mains level: Functions and challenges of Municipality,
Why in the News?
The Karnataka government has introduced a bill in the state assembly that aims to restructure the Bruhat Bengaluru Mahanagara Palike (BBMP) by dividing it into multiple smaller municipal corporations. This proposal is known as the Greater Bengaluru Governance Bill, 2024.
What is the Greater Bengaluru Governance Bill?
The Bill aims to restructure the Bruhat Bengaluru Mahanagara Palike (BBMP) into smaller administrative units to improve governance in Bengaluru.
Drafted by the BBMP Restructuring Committee, the Bill has undergone multiple revisions since its inception in 2014, with the latest modifications presented in June 2024.
The Bill was tabled in the Karnataka Assembly on July 23, 2024, and is set for discussion among lawmakers, with a sub-committee likely to scrutinize it before further consideration.
Key Highlights of the Draft Bill
City Corporations: The Bill proposes that the number of city corporations in the Greater Bengaluru Area shall not exceed ten, with indications that it may be split into five units based on specified criteria.
Governance Structure: A three-tier governance structure will be established, comprising the Greater Bengaluru Authority (GBA) at the top, city corporations in the middle, and ward committees at the bottom.
Composition of GBA: The GBA will be headed by the Chief Minister and include 21 members, including key ministers and heads of various urban development organizations.
Criteria for Corporations: City corporations must have a population of at least 10 lakh, a density of over 5,000 people per sq km, and a minimum revenue generation of ₹300 crore annually.
Ward Distribution: Each city corporation will consist of between 50 to 200 wards, with the current BBMP having 198 wards.
Present Criticism
The BJP has criticized the Bill as “unscientific,” claiming it threatens the cultural identity of Bengaluru and could lead to administrative chaos.
BJP leaders have expressed fears that the proposed restructuring could diminish the prominence of the Kannada language in Bengaluru.
Critics point to the unsuccessful trifurcation of the Municipal Corporation of Delhi in 2012, which was reversed in 2022, as a cautionary tale against such restructuring efforts.
Concerns have been raised that the Bill may exacerbate economic disparities among the proposed city corporations, with wealthier areas receiving more resources while poorer areas remain underdeveloped.
Way forward:
Comprehensive Stakeholder Consultation: Before finalizing the Bill, the government should conduct extensive consultations with all stakeholders, including local residents, urban planners, civic organizations, and opposition parties. This will ensure that diverse perspectives are considered, addressing concerns about cultural identity, economic disparities, and administrative efficiency.
Clear Definition and Criteria: The Bill should include clear definitions of “local areas” and the criteria for determining the boundaries of the proposed city corporations.
From UPSC perspective, the following things are important :
Prelims level: About Tribal Autonomous Councils;
Mains level: Controversy over the 125th Amendment Bill;
Why in the News?
The Union government will set up a committee led by MoS Home Nityanand Rai to address concerns and expedite the 125th Constitutional Amendment Bill, which aims to empower tribal autonomous councils in northeastern states.
What is the Controversy over the 125th Amendment Bill?
The Constitution (125th Amendment) Bill, 2019 aims to grant more financial, executive, and administrative powers to tribal autonomous councils under the Sixth Schedule of the Constitution.
The Bill has faced delays due to unresolved issues between the Union government and the tribal councils, prompting the formation of a committee to address these concerns.
Tribal leaders argue that the Bill is essential for streamlining administrative systems, ensuring proper resource flow, and enhancing the capacity of councils to implement policies beneficial to their communities.
The Bill has been pending since its introduction in the Rajya Sabha in February 2019 and has faced scrutiny from the Departmental-Related Standing Committee on Home Affairs, which flagged multiple issues.
What are Tribal Autonomous Councils?
Tribal autonomous councils are local governance bodies established under the Sixth Schedule of the Constitution to provide autonomy and protect the rights of tribal populations in certain northeastern states of India.
As of now, there are 10 autonomous councils across Assam, Meghalaya, Mizoram, and Tripura, which have the authority to legislate on matters related to land, public health, and agriculture.
These councils are intended to empower tribal communities by allowing them to manage their resources and governance independently from state governments.
About the North Eastern Council (NEC) and Its Structural Mandate
The North Eastern Council (NEC) was established in 1972 as a statutory body to promote the economic and social development of the northeastern states of India.
The NEC’s primary mandate includes coordinating the planning and implementation of development programs, facilitating inter-state cooperation, and addressing issues specific to the northeastern region.
The NEC comprises the Chief Ministers of the northeastern states, along with a nominated representative from the central government, ensuring representation from both state and central authorities.
The Council focuses on various sectors, including infrastructure development, education, health, and cultural preservation, aiming to enhance the overall development of the northeastern states.
Conclusion: The Union government should initiate a transparent and inclusive consultation process involving all stakeholders, including tribal leaders, local communities, and state governments. This process should aim to address the concerns raised by tribal councils and ensure that their voices are heard in the legislative process.
From UPSC perspective, the following things are important :
Prelims level: Cassini-Huygens Mission, Titan
Why in the News?
US space agency NASA’s Cassini-Huygens spacecraft launched in October 1997.
Using Cassini’s radar data, scientists from Cornell University have discovered new information about the liquid ocean on Titan, Saturn’s largest moon.
Observations made about Titan
Titan is composed ofhydrocarbons – organic chemicals consisting of carbon and hydrogen.
The astronomers have reportedly located calm seas of methane with a slow tidal current.
About Cassini-Huygens Mission
The Cassini-Huygens mission was a collaborative project between NASA, the European Space Agency (ESA), and the Italian Space Agency (ASI) to explore Saturn and its moons.
The spacecraft was named after astronomers Giovanni Cassini and Christian Huygens.
The mission consisted of the Cassini orbiter and the Huygens probe.
It was launched on October 15, 1997.
It ended its mission on September 15, 2017 by plunging into Saturn’s atmosphere.
Key Achievements:
Saturn Exploration:
Detailed study of Saturn’s atmosphere, rings, and magnetosphere.
Discovered new rings and observed the complex structure of the existing ones.
Moons of Saturn:
Titan Exploration: Huygens probe successfully landed on Titan, Saturn’s largest moon, on January 14, 2005, providing the first direct exploration of Titan’s surface and atmosphere.
Enceladus Discoveries: Found water-ice plumes erupting from Enceladus, indicating a subsurface ocean that could potentially harbor life.
Other Moons: Provided detailed images and data on other moons like Lapetus, Rhea, Dione, and Tethys.
Technological Milestones:
Demonstrated the success of long-duration missions in deep space.
Advanced the understanding of spacecraft navigation and operation in complex planetary environments.
PYQ:
[2014] Which of the following pairs is/are correctly matched?
Spacecraft
Purpose
1.
Cassini-Huygens
Orbiting the Venus and transmitting data to the Earth
2.
Messenger
Mapping and investigating the Mercury
3.
Voyager 1 and 2
Exploring the outer solar system
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
From UPSC perspective, the following things are important :
Prelims level: Hema Commission Report on Women Safety
Why in the News?
A single bench of the Kerala High Court has stayed the release of the Justice Hema Commission report.
The report investigated women’s working conditions in the Malayalam film industry.
About the Assault that Exposed the Deep Gender Divide
On February 17, 2017, a leading Malayalam film actress was abducted and sexually assaulted in her car while traveling from Thrissur to Kochi.
The incident caused shock and outrage across Kerala as disturbing details emerged, including a video purportedly intended for blackmail.
Six of the ten accused were arrested quickly, and popular actor Dileep was named an accused and remanded to judicial custody in July. He is currently out on bail, with the trial ongoing since 2020.
Formation of the Women in Cinema Collective (WCC)
The incident highlighted the discriminatory treatment faced by women in the film industry.
The Women in Cinema Collective (WCC) was formed in response, submitting a petition to the Chief Minister demanding an inquiry into gender issues in the industry.
The Hema Commission
In July 2017, five months after the incident, the state government formed a 3-member committee headed by retired Kerala High Court judge, Justice K Hema.
The committee’s objective was to investigate issues of sexual harassment and gender inequality in the Malayalam film industry.
In December 2019, a 300-page report was submitted to the CM Pinarayi Vijayan, including documents, audio, and video evidence.
Findings and Recommendations
The commission consulted multiple women professionals in the industry, recording detailed accounts of sexual harassment, wages earned, and possible blacklisting.
The report highlighted the existence of a casting couch, and the presence of alcohol and drugs on film sets.
The commission recommended forming a tribunal to investigate these allegations.
Other recommendations included making job contracts mandatory, ensuring wage parity across genders for the same job, banning drugs and liquor on shooting locations, and ensuring safe working conditions for women.
PYQ:
[2010] Two of the schemes launched by the Government of India for Women’s development are Swadhar and Swayam Siddha. As regards the difference between them, consider the following statements:
Swayam Siddha is meant for those in difficult circumstances such as women survivors of natural disasters or terrorism, women prisoners released from jails, mentally challenged women etc., whereas Swadhar is meant for holistic empowerment of women through Self Help Groups.
Swayam Siddha is implemented through Local Self-Government bodies or reputed Voluntary Organizations whereas Swadhar is implemented through the ICDS units set up in the states.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
[2014] We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace.
From UPSC perspective, the following things are important :
Prelims level: Niger, Niger Benin Export Pipeline
Why in the News?
The China-backed Niger-Benin Export Pipeline that would make Niger an oil-exporting country is being threatened by an internal security crisis and a diplomatic dispute with neighboring Benin.
These issues arose after last year’s coup that toppled Niger’s democratic government.
About Niger
Niger, located in West Africa, is a landlocked country known for its vast desert landscapes and significant cultural heritage.
The northern region of Niger is dominated by the Sahara Desert, comprising more than half of the country.
The central part of Niger is characterized by the Sahel, a semi-arid transition zone between the Sahara
The Aïr Mountains, located in the northern central part are a significant mountain range with the highest peak, Mont Idoukal-n-Taghès (2,022 m).
The Niger River is the country’s primary water source.
Lake Chad is a significant body of water shared with Nigeria, Chad, and Cameroon. Its size keep on fluctuating.
About Niger Benin Export Pipeline
The 1,930-kilometer pipeline runs from Niger’s Chinese-built Agadem oil field to the port of Cotonou in Benin.
It was designed to help Niger achieve an almost 5x increase in oil production through a $400 million deal with China’s state-run national petroleum company.
The pipeline faces significant challenges, including a recent diplomatic disagreement with Benin.
These issues threaten to strain Niger’s economy, heavily reliant on external support now withheld after a coup.
PYQ:
[2018] Which of the following has/have shrunk immensely/dried up in the recent past due to human activities?
Aral Sea
Black Sea
Lake Baikal
Select the correct answer using the code given below:
From UPSC perspective, the following things are important :
Prelims level: Comparison of Indian Constitution
Why in the News?
On July 14, K. P. Sharma Oli was sworn in as Nepal’s Prime Minister for the fourth time, leading a new coalition government.
Since the abolition of the monarchy in 2008, Nepal has had 14 governments despite a new constitution in 2015 promising progress.
Evolution of Nepal’s Constitution
1948: The Government of Nepal Act was the first attempt at creating a constitution.
1951: The Interim Government of Nepal Act aimed to establish democracy but was replaced in 1959.
1959: Introduced a multi-party system, but the Panchayat Constitution of 1962 established a party-less system under King Mahendra.
1990: A constitutional monarchy restored the multi-party system.
2007: An Interim Constitution was adopted after continued political upheavals.
2015: The current constitution established Nepal as a federal democratic republic.
Comparing the Indian Constitution and Nepal’s Constitution:
India
Nepal
Historical Background
Adopted on November 26, 1949, and came into effect on January 26, 1950.
Framed by the Constituent Assembly elected in 1946.
Current constitution promulgated on September 20, 2015.
Many attempts since 1948, 1951, 1959, 1962, 1990, and 2007.
Form of Government
Quasi-federal nature of the Indian constitution is described as a “Union of States” in Article 1. Other factors also talk about the quasi-federal like Emergency power and independent judiciary. etc
Parliamentary system with the President as the ceremonial head and the Prime Minister as the head of government.
Federal democratic republic.
Parliamentary system with the President as the ceremonial head and the Prime Minister as the executive head.
Structure of Government
Bicameral legislature: Lok Sabha (House of the People) and Rajya Sabha (Council of States).
Three levels of government: central, state, and local.
Bicameral legislature: House of Representatives and National Assembly.
Three levels of government: federal, provincial, and local.
Federal Structure
More centralized federal structure. The central government has significant authority over states.
Flexible to allow greater central control when necessary.
More decentralized federal structure. Greater autonomy to provinces.
Includes seven provinces, each with its own government and legislature.
Elections and Representation
First-past-the-post (FPTP) system for Lok Sabha elections. Representation through single-member constituencies and multi-party systems.
Mixed electoral system with both FPTP and proportional representation (PR). Ensures broader representation but leads to the proliferation of smaller parties.
Judiciary
The Supreme Court of India is the highest judicial authority.
Ensures protection of fundamental rights and upholds the rule of law.
The Supreme Court of Nepal is the highest judicial body.
Interprets the Constitution and protects citizens’ rights. Aims to uphold the rule of law and safeguard fundamental rights.
Fundamental Rights and Duties
Comprehensive list of Fundamental Rights in Part III, including equality, freedom, religion, and constitutional remedies. Fundamental Duties in Part IV-A.
Extensive fundamental rights, covering civil, political, and socio-economic rights. Emphasizes affirmative action for marginalized groups.
Secularism and Religion
A secular state with no official religion which mentioned in the Preamble of the Constitution.
The secular state was declared in the 2015 Constitution.
Protects religious freedom and promotes harmony among religious communities.
PYQ:
[2023] Compare and contrast the British and Indian approaches to Parliamentary sovereignty.
[2022] Critically examine the procedures through which the Presidents of India and France are elected.
[2021] Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.
[2021] Analyse the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.
[2020] The judicial systems in India and the UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices.
[2019] What can France learn from the Indian Constitution’s approach to secularism?
[2018] India and the USA are two large democracies. Examine the basic tenets on which the two political systems are based.
