Decoding the demands of a question

Hyderabad: To score maximum marks, candidates should understand the question thoroughly and address all the parts completely In the previous article, we implemented all the strategies and build good answers in the subject Indian Polity. In this article too, we are going to see the best possible answers for two questions asked in the previous […]

Hyderabad: To score maximum marks, candidates should understand the question thoroughly and address all the parts completely
In the previous article, we implemented all the strategies and build good answers in the subject Indian Polity. In this article too, we are going to see the best possible answers for two questions asked in the previous years of UPSC Mains and State services. These answers will serve as a guiding light, thus helping you in writing answers to similar topics you come across.
Today, we will see how to decode the demand of the question also. This will help you in addressing the complete parts of the question asked in the exam, gaining maximum marks.

Indian Polity and Governance:

Question 1: Resorting to Ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate Ordinances, analyse whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate the Ordinances be repealed? (PYQ 2015)
Approach:
a) Introduction:

Briefly mention Constitutional Provision Body

b) Body:

i) Discuss various Judgements by the Supreme Court.
ii) Discuss the impact of these judgments.
iii) Argue Should the power be repealed.
c) Conclusion: Mention the need to clearly define the Ordinance-making powers.
Introduction:

Article (123) and Article (213) of the Constitution empower the President and the Governor to promulgate the Ordinances during the recess of Parliament and State Legislature respectively. The Ordinance-making power has the same force as an Act of Parliament; therefore, it hinders the separation of power among the 3 organs of the government.
Body:
Supreme Court’s judgement:

1) RC Cooper Case (1970): The Supreme Court held that President’s decision to promulgate the Ordinance could be challenged on the ground that ‘immediate action’ was not required and the ordinance has been issued primarily to bypass the legislative debate.
2) DC Wadhwa Case (1987): The Supreme Court held that the legislative power of the executive is to be used in exceptional circumstances and not as a substitute for the law-making power of the legislature.
3) Krishna Kumar Singh Case (2017): The Supreme Court stated that Ordinance-making power is not absolute but conditional upon the satisfaction that circumstances exist rendering it necessary to take immediate action.
Impact of Supreme Court’s Judgement:
1) Ineffective: In 2013 and 2014, the Securities Laws (Amendment) Ordinance was promulgated three times.

2) Regular Promulgation: An Ordinance to amend the land Acquisition Act was issued twice in December 2014 and April 2015.

3) Increase in numbers: The last couple of years have seen a spike of Ordinance, 16 in 2019 and 15 in 2020.

Should Ordinance-making power be repealed:

1) No – It should not be repealed:
a) To meet with unforeseen and urgent matters, Ordinance-making power is required.

b) It also helps in safeguarding the unity of India in times of war and internal conflict.

2) Yes – It should be repealed:

a) It overrides the legislative scrutiny and debates therefore making democracy redundant.
b) It evades the Constitutional spirit of Separation of Power and disturbs the balance between Legislature, Executive and Judiciary.
Conclusion:
There is a need to clearly define the Ordinance-making power of the President and the Governor so that it cannot be used for political purposes.

Question 2: Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (PYQ 2015)
Approach:

Introduction: Refer to Constitutional Article 44 and define UCC.
Body:
1) Explain the reason behind the demand for UCC.

2) What are the factors inhibiting India from enacting a uniform civil code?
3) Mention steps that need to be taken by the government before enacting UCC.
Conclusion: Conclude with the idea of developing consensus among the public.

Answer:

Introduction:
Article (44) of part four of the Indian Constitution provides for a uniform civil code (UCC) in the country. A ucivil code means that all citizens of the country irrespective of the difference of religion, race, caste, etc., be treated equally according to uniform laws.

Body:
Reasons behind the demand for UCC:

1) Right to Equality: It will provide women of all castes equality in terms of matters related to marriage.
2) Judgement of Supreme Court: In Shah Bano Case (1985), Supreme Court recommended that a UCC will be established to secure justice.
3) Integration of India: The main aim of our Constitution was to ensure unity in India. The UCC will help in bringing unity among the diversity of religion, race, caste, etc.
4) Secularism: Preamble as well as Fundamental Rights under Article 25, provide for secularism in the country. UCC helps in eliminating the differences based on religious marriage laws.
5) Reducing Vote Bank Politics: A UCC will help in curbing the practice of using these laws for the purpose of political gains.
Factors inhibiting India from adoption of uniform civil code:
1) Historical factors: In the Constituent Assembly, there was a debate regarding the adoption of UCC. As no consensus was established it was put under the non-enforceable part of the Constitution.

2) Social factors: There is huge diversity among communities of India, so it’s hard to find a common ground on which a UCC can be established.

3) Legal factors: There is a conflict between the Right to Equality (Article 14) and the Freedom of Religion (Article 25), in the implementation of UCC. As UCC hinders Freedom of Religion for the sake of the Right to Equality.

4) Division between Judiciary and Legislature: There is a lack of consensus between the Judiciary and Legislature over the priority order of a) Freedom of Religion (b) Rights of women (c) Uniform civil code.

Steps that need to be taken by the government before enacting UCC:

1) Approach towards minority community: There is a need to develop trust with the minority community, rather than going for a top-down approach and going for a bottom-up approach in the implementation of UCC.
2) Keeping secularism intact: The government should keep the positive secular tradition of India in mind while making any law.

Conclusion:

There is a need to evolve a consensus over the issue of the uniform civil code without compromising with the idea of minority protection as well as preservation of national unity.
Thus, today we discussed two important topics from Indian Polity and Governance through previous questions. Do make a note of important points from the above questions and make your answers enriched. We will discuss a few more questions in the upcoming articles in this series.