The issues of local self-governance are primarily the issues of autonomy, authority, and accountability. Analyze. (10 marks, 150 words)
Introduction
90 words
Main Body
Issues of Local Self Governance:
A) Autonomy:
Financial independence not established [states don't demarcate enough funds; internal revenue mobilisation is weak]
Executive officers often supersede elected officials
B) Authority:
Not enough powers devolved
(No state has devolved all 29 powers under XIth Schedule)
C) Accountability:
Issue of Sarpanch Patis [elected women accountable to their male relatives and not people]
Panchayats working on caste/religion basis; avoiding accountability for developmental work
Legislative Powers of Governor:
Promulgate Ordinances when Legislature not in session (Art 213)
Give Assent to Bills passed by Legislature
Reserve Bills for President's Assent (Art 200)
Further, Governor has a dual role under India's constitutional scheme:
a) Executive Head of State
b) Agent of Centre
Whether it is justified:
Arguments against:
On a closer look, the role assigned by the Constitution is a necessary role given India's specific needs. However there needs to be safeguards to prevent misuse of powers.
Process of amending Constitution:
Bill introduced in either house of Parliament → Both houses have to pass with Special Majority of 2/3rd present & voting + 1/2 of total membership separately → if passed, whether federal features changed?
If Yes: Ratification by atleast half of all state legislatures → if ratified → President has to give assent → Constitution Amended
If No: President has to give assent → Constitution Amended
*No provision for joint sitting
Significance of Kesavananda Bharati case (KB case):
Supreme Court propounded 'Basic Structure Doctrine' in this case which states that Parliament's amending powers cannot change certain fundamental features of the Constitution
These features include Supremacy of Constitution (KB case), Federalism and Secularism (SR Bommai case), Free and Fair Elections (Raj Narain case) etc
Positives:
Parliament's power isn't absolute
Majoritarianism can be countered
Checks and Balances ensured
Negatives:
Doctrine is vaguely defined
Can lead to tyranny of the unelected
Challenges to Cooperative Federalism:
To address these challenges, various constitutional mechanisms have been institutionalised:
Examining efficacy of these mechanisms:
Positives:
Negatives:
— Alfred Thomas · AIR 33
Conclusion
115 words
Diagram
Flowchart showing steps: Bill introduced in either house → Both houses pass with special majority → check if federal features changed → Yes: ratification by states → President assent → Constitution Amended; No: President assent directly → Constitution Amended
- Clear structural breakdown into autonomy, authority, accountability
- Use of headings and boxes for clarity
- Concrete examples like Kerala model
- Way forward with actionable points
- Clear articulation of dual role
- Structured with legislative powers listed
- Balanced arguments for and against
- Cites Sarkaria and Punchhi Commission recommendations
- Clear flowchart diagram for amendment process
- Precise legal detail on majority requirements
- Cites multiple landmark judgments
- Balanced positives and negatives
- International comparative example with Bangladesh
- Multiple relevant examples
- Clear enumeration of challenges
- Balanced positives/negatives
- Comparative international examples (Australia, Canada)
- Cites relevant case law
Alfred Thomas
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Local Self Government
Autonomy, Authority and Accountability of Local Self Government
723
Total words
14
Paragraphs
5
Bullets
structured, balanced, analytical
Tone