Sample Material of Current Public Administration Magazine
(APRIL 2024)
1.Accountability & Responsibility
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Judicial Interpretation of Constitution
The judiciary, particularly the Supreme Court, holds the authority to perform the final interpretation of the Constitution. This power is a cornerstone of the doctrine of judicial review, which allows the Supreme Court to assess the constitutionality of legislative and executive actions. When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
The Supreme Court's role as the final interpreter of the Constitution is crucial in maintaining the rule of law and protecting fundamental rights. For instance, under Article 13, the Supreme Court can declare laws inconsistent with or in derogation of the Fundamental Rights as null and void. Moreover, Article 32 empowers the Supreme Court to issue directions, orders, or writs for the enforcement of Fundamental Rights.
The Court's interpretative authority ensures that the Constitution remains the supreme law of the land, and all statutory laws must conform to its provisions. This judicial function is essential in checking legislative excesses and executive arbitrariness, thereby safeguarding democracy and upholding the spirit of the Constitution.
The judicial interpretation of a constitution involves the judiciary, particularly the Supreme Court, determining the meaning and scope of constitutional provisions. This process is influenced by various interpretive methods and philosophies, which can significantly impact the understanding of individual rights, freedoms, and the distribution of power among government branches.
Philosophies of Constitutional Interpretation:
• Textualism: Focuses on the exact wording of the Constitution.
• Originalism: Seeks to understand the meaning of the text as intended by the framers at the time of enactment.
• Purposivism: Considers the broader purpose and objectives behind the constitutional provisions.
• Living Constitutionalism: Advocates for an interpretation that adapts to the evolving social, political, and cultural contexts.
Practice of Constitutional Interpretation:
• The judiciary uses these philosophies to interpret the Constitution and resolve disputes.
• Landmark judgments often set precedents, shaping the application of constitutional law.
• The Supreme Court's interpretations can redefine the distribution of power between government branches and the rights of individuals.
2. Indian Government and Politics
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President and Governor power in reference to Scheduled Areas
In the context of Scheduled Areas in India, the President and the Governor have specific powers to ensure the administration and governance of these areas are in tune with the unique needs of the indigenous and tribal populations residing there.
President's Powers:
• Declaration of Scheduled Areas: The President has the power to declare any area as a Scheduled Area under the Fifth Schedule of the Constitution.
• Alteration of Boundaries: The President can alter, increase, or decrease the boundaries of Scheduled Areas after consultation with the Governor of the state concerned.
• Directives: The President can issue directives for the administration of Scheduled Areas.
Governor's Powers:
• Annual Reports: The Governor is required to submit an annual report to the President regarding the administration of Scheduled Areas within their state.
• Discretionary Laws: The Governor can direct that any particular law of Parliament or the state legislature does not apply to a Scheduled Area or applies with specified modifications or exceptions.
• Regulations: The Governor can make regulations to prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such areas. These regulations require the assent of the President to come into effect.
These powers are designed to protect the rights and interests of the Scheduled Tribes and to promote their welfare and development within the framework of the Constitution.
While the President has the authority to declare and redefine Scheduled Areas, the Governor has a more hands-on role in the administration of these areas, including the application of laws and the creation of regulations specific to the needs of the Scheduled Tribes. Both sets of powers are designed to protect the rights and interests of the Scheduled Tribes and to promote their welfare and development within the framework of the Constitution.
3. Social Administration
Slum development is a critical issue in urban planning and social policy, aiming to improve the living conditions of people residing in densely populated urban areas with inadequate housing and infrastructure. Here's an overview of the challenges, government initiatives, and approaches for slum development in India:
Challenges:
• Inadequate Urban Planning: Rapid urbanization without corresponding infrastructure development leads to the emergence of slums.
• Land Pressure: The increasing demand for land in urban areas, coupled with rising property prices, makes affordable housing less accessible.
• Housing Shortage: A significant deficit in affordable urban housing contributes to the proliferation of slums.
• Lack of Basic Amenities: Slums often lack essential services such as clean water, sanitation, electricity, and access to education and healthcare.
Government Initiatives:
• Slum Redevelopment Projects: Projects like the Dharavi Slum Redevelopment Project in Mumbai aim to transform slums into planned residential areas.
• Urban Housing Programs: Initiatives such as the Pradhan MantriAwasYojana (PMAY) seek to provide affordable housing to the urban poor.
Approach for Redevelopment:
• Participatory Planning: Involving slum residents in the planning process to ensure that redevelopment meets their needs and preferences.
• Sustainable Urbanization: Ensuring that urbanization is managed in a way that prevents the further expansion of slums.
• Provision of Basic Amenities: Upgrading slum areas by providing necessary infrastructure and services.
A citywide approach to slum upgrading is advocated, shifting from piecemeal interventions to comprehensive programs that address the needs of all slum dwellers within a city. This involves collaboration between government agencies, non-governmental organizations, and the community to create sustainable and inclusive urban environments. The goal is not just to improve physical infrastructure but also to enhance the social and economic well-being of slum residents.
4. Current Topics
"Black money" refers to funds earned through illegal activity or otherwise legal income that is not recorded for tax purposes. The term encompasses a range of financial activities, including tax evasion, corruption, and illicit financial flows. Here's an overview of the various aspects of black money:
Legal Framework:
• Black Money Act, 2015: India's Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, targets undisclosed foreign income and assets. It imposes a tax rate of 30% and a penalty of 90% on the undisclosed amount.
Challenges:
• Tax Evasion: A significant challenge in curbing black money is the evasion of taxes by individuals and corporations.
• Corruption: Black money is often generated through corrupt practices, including bribery and embezzlement.
• Illicit Financial Flows: Money is illegally transferred or utilized across borders, often to safe havens.
Government Measures:
• Demonetization: In 2016, India demonetized high-value currency notes to tackle black money and corruption.
• International Cooperation: India has been part of global efforts to exchange financial information and reduce tax evasion.
Criticism:
• Economic Disruption: Measures like demonetization can disrupt the economy and affect the poor disproportionately.
• Enforcement: Effective enforcement of laws against black money remains a challenge.
Impact:
• Economy: Black money can undermine the formal economy and reduce government revenues.
• Society: It can lead to social inequality and loss of public trust in institutions.
Combating black money requires a multifaceted approach, including robust legal frameworks, international cooperation, and strong enforcement mechanisms. It's a continuous effort to ensure economic integrity and social equity.
5. Indian Administration
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Distribution of Financial Resources between State and local body
The distribution of financial resources between the State and local bodies in India is governed by a set of constitutional provisions and practices that aim to ensure an equitable division of financial powers and responsibilities. Here's an overview of the principles and practices:
Principles:
• Decentralization: The Constitution of India advocates for a decentralized governance structure, allowing local bodies to manage their own financial resources.
• Subsidiarity: Financial powers are allocated to the lowest appropriate level of government to ensure efficiency and responsiveness to local needs.
• Equity: The distribution system aims to address disparities by allocating resources to local bodies based on need, capacity, and performance.
Practice:
• Finance Commissions: Both the Union Finance Commission and the State Finance Commissions play a pivotal role in recommending the distribution of financial resources between the state and local bodies.
• Grants and Allocations: Local bodies receive funds through various grants, including statutory grants under Article 275 and discretionary grants under Article 282 of the Constitution.
• Own Revenues: Local bodies are empowered to collect taxes, fees, and other charges within their jurisdiction to fund their activities.
Statutory Bodies:
• State Finance Commissions: Constituted every five years, they recommend the principles governing the distribution of financial resources between the state and local bodies.
Challenges and Reforms:
• Adequate Empowerment: Ensuring local bodies have sufficient fiscal autonomy and resources to fulfill their responsibilities remains a challenge.
• Fiscal Decentralization: Efforts are ongoing to enhance fiscal decentralization and strengthen the financial capabilities of local bodies.
The practice of distributing financial resources is a dynamic process that evolves with the changing needs of the society and the economy. It is crucial for the development of local governance and the effective delivery of services at the grassroots level.
