Second Edition. Indian Politics Constitutional Foundations and Institutional Functioning

Second Edition Indian Politics Constitutional Foundations and Institutional Functioning M.P. Singh Rekha Saxena

INDIAN POLITICS Constitutional Foundations and Institutional Functioning SECOND EDITION M.P. Singh Presently, Honorary Senior Fellow Centre for Multilevel Federalism Institute of Social Sciences, New Delhi Former Professor Department of Political Science University of Delhi Rekha Saxena Associate Professor Department of Political Science University of Delhi New Delhi-110001 2011

INDIAN POLITICS: Constitutional Foundations and Institutional Functioning Second Edition M.P. Singh and Rekha Saxena 2011 by PHI Learning Private Limited, New Delhi. All rights reserved. No part of this book may be reproduced in any form, by mimeograph or any other means, without permission in writing from the publisher. ISBN-978-81-203-4447-1 The export rights of this book are vested solely with the publisher. Third Printing (Second Edition)...... October, 2011 Published by Asoke K. Ghosh, PHI Learning Private Limited, M-97, Connaught Circus, New Delhi-110001 and Printed by Mudrak, 30-A, Patparganj, Delhi-110091.

Dedicated to Our Students

Contents Preface Preface to the First Edition List of Cases xi xiii xv 1. INDIAN MODEL OF CONSTITUTIONALISM: FROM QUASI-FEDERAL, FEDERAL TO QUASI-CONFEDERAL 1 16 Introduction 1 The Constitutional Genealogy 1 The Indian Constitutional Theory 3 Rule of Law 3 The Broader Model of Democratic Governance 7 Levels of Democratic Architecture and the Indian Praxis 9 References 15 2. THE MAKING OF THE CONSTITUTION AND ITS OPERATIONALIZATION 17 37 Introduction 17 Fundamental Constitutional Principles and Philosophy 24 Evaluation 27 Reservation Policy 30 Poverty Alleviation Policy 33 References 36 3. A MULTICULTURAL-SECULAR AND DEMOCRATIC- DEVELOPMENTAL STATE IN A GLOBALIZING WORLD 38 95 Introduction 38 Sovereign Democratic Republicanism 40 Multicultural-Secularism 44 Democratic Developmentalism 52 Democratic Dimension 55 v

vi Contents Class/Social Basis of State 63 Nation-State and Nationalities 65 Gender and the State 68 Ethnicity and State 72 Historical Power Structure 73 Political Liberalism and the State 74 Business Liberalism and the State 78 Globalization and the State 83 References 88 4. PARLIAMENT: GULLIVER IN THE LAND OF LILLIPUTS? 96 122 Introduction 96 Parliament and Politics of Coalition 104 Parliamentary Committees 107 Parliamentary Privileges 109 Whither Parliament? 114 Parliamentary Reforms: National Commission for Review of the Working of the Constitution (NCRWC) Report-2002 115 Parliamentary Procedures 116 Strengthening the Committee System 116 Parliament s Relation with the Executive 117 Parliament s Relation with Mass Media and Public 118 Conclusion 118 References 119 5. UNION EXECUTIVE: A CABINET OR A CABAL? 123 145 Introduction 123 Federal Premiership Style 132 The Executive under Coalition Governments 135 Three Basic Problems of Executive Governance 137 All India Services 139 Party System 140 Conclusion 142 References 143 6. JUDICIARY: THE BATTLE OF BOOKS AND BEYOND 146 165 Crucible of Constitutional Democracy 146 Historical Background 147 The Structure 148 Jurisdiction and Judicial Review 151 First Phase of Evolution (1950 1966) 154 Second Phase of Evolution (1967 1972) 154 Third Phase of Evolution (1973 1979) 155 Fourth Phase of Evolution (1980 to date) 157 Judicial Activism 158 References 162

Contents vii 7. TOWARDS GREATER FEDERALIZATION 166 195 Introduction 166 Historical Background 166 The Federal Design 167 An Asymmetrical Federalism? 169 Union-state Relations 171 Legislative Relations 171 Administrative Relations 172 Fiscal and Economic Federalism 174 Intergovernmental Relations 178 Regional Pressures 181 Local Government: The Third Tier of the Federal Structure? 184 Administration 185 The Party System and Coalition Governments 186 Rajya Sabha 188 Judicial Interpretation 189 Prospects 190 Reformist Discourse for a Better Federal Political Equilibrium 190 References 193 8. STATE GOVERNMENTS AND REGIONAL POLITICS 196 220 Introduction 196 Geographical and Cultural Regions 197 Structure and Working of State Governments 199 Patterns and Trends in State Politics 207 Creation of Smaller States in India 209 State-Society Interface in State Politics 212 New Frontiers of State Politics 215 Conclusion 218 References 218 9. LOCAL SELF-GOVERNMENT THE THIRD TIER OF THE FEDERAL STRUCTURE AN UNEXPLORED INTERNAL FRONTIER? 221 229 Introduction 221 History 221 Urban-Rural Variations 222 Two Perspectives on People s Power 224 Post-Independence Trajectory 224 Post-Constitutional Amendments Scenario 226 A Long Way to Go 228 References 228

viii Contents 10. BUREAUCRACY: THE PERMANENT GOVERNMENT? 230 247 History 230 Tradition 231 Class-Bias 234 Parliamentary/Ministerial Control of Bureaucracy 235 Changing Role of Administration: Challenges Since 1947 and the 1990s 238 Administrative Reforms 242 References 245 11. ELECTIONS: GOING THROUGH THE MOTIONS FOR UNCERTAIN VERDICTS? 248 277 Constitutional and Legal Framework of Elections 248 Political Consequences of Electoral Laws and Forms of Party Systems and Government 249 Phases/Models of Electoral Mobilization 251 Phases of Politicization 252 The Models of Electioneering and Concomitant Party Systems and Prime Ministerial Styles 262 Determinants of Voting Behaviour 264 Electoral Reforms 268 References 271 12. PARTY SYSTEM: A CONFIGURATION WITHOUT A SYSTEM? 278 317 Introduction 278 Phases of Party System Evolution 279 Parties and Party Families 286 The Congress Family 287 The Sangh Parivar 288 The Janata Parivar 290 Bahujan Samaj Party 291 The Left Wing/The Vampaksha 293 Regional Parties 295 Ideological Spectrum of the Party System 297 Adaptation of Party System to Society 303 State Party Systems 304 Impact of Party System on Democracy 305 Prospects 308 An Example India May Emulate 311 References 313

Contents ix 13. CIVIL SOCIETY: GOING THROUGH THE PROCESS OF CIVILIANIZATION? 318 354 Introduction 318 Conceptual Omnibus of Civil Society 319 Social Movements 325 Peasant/Farmers Movements and Dalit Movements 327 Naxalite Movements 329 Trade Union Movements 331 New Social Movements 333 Feminism 335 Environmentalism/Ecologism 339 Nongovernmental Organizations (NGOs) 343 The New Market Economy 345 The Mass Media 347 References 349 Epilogue: India s Tryst with Democracy, Development and Nation-State 355 364 Name Index 365 370 Subject Index 371 376

Preface The Second Edition of Indian Politics is the outcome of the encouraging feedback received from the students and teachers alike. In this edition, several new sections are added in the chapters mentioned below and a new chapter on Local Self Government is included. We have also updated the data wherever found necessary. The following additions have been done in the second edition: A new chapter (Chapter 9) on Local Self-Government, the Third Tier of the Federal Structure: An Unexplored Internal Frontier? New sections have been added to the following chapters: Chapter 3: Sovereign Democratic Republicanism, Democratic Developmentalism, Class/Social Basis of State. Chapter 7: Asymmetrical Federation, Reformist Discourse for a Better Federal Political Equilibrium. Chapter 12: Adaptation of Party System to Society, State Party Systems and the Impact of Party System on Democracy. Chapter 13: Social Movements. M.P. Singh is thankful to Tanushree and Nishant for their help in the preparation of the manuscript of this edition. Rekha Saxena is indebted to Amita, Shashank and Rishabh who assisted in the typing and carrying out corrections in the soft copy. The task of publishing the Second Edition was made much enjoyable and easier with the help of the editorial and production teams of PHI Learning with whom we interacted, especially, K.C. Devasia, Babita Misra and Shivendu B. Pandey, and Pankaj Manohar. We wish to put on record their care and cooperation in finalizing and bringing out the Second Edition. It is hoped that this updated edition will serve the interests of a wider section of readers. While preparing the indexes, we have avoided replicating the table of contents and references, that is, the terms and names already there are not included in the indexes. M.P. Singh xi Rekha Saxena

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