Paper I — Q6
(a) "Constitutionally reconciling the Fundamental Rights with the Directive Principles of State Policy has led to frequent…
"Constitutionally reconciling the Fundamental Rights with the Directive Principles of State Policy has led to frequent amendments of the Constitution and judicial interventions." Comment. 20 marks
The role of the President of India becomes more significant during a minority government and a coalition government. Explain. 15 marks
Do you think that despite having significant limitations the Panchayati Raj Institutions have strengthened the process of democratic decentralization? Give your views. 15 marks
हिंदी में प्रश्न पढ़ें
"राज्य के नीति-निर्देशक सिद्धांतों के साथ मौलिक अधिकारों के संवैधानिक रूप से सामंजस्य स्थापित करने के लिए संविधान में निरंतर संशोधन और न्यायिक हस्तक्षेप की आवश्यकता पड़ी।" टिप्पणी कीजिए। 20
अल्पमत सरकार और गठबंधन सरकार के समय भारत के राष्ट्रपति की भूमिका अधिक महत्त्वपूर्ण हो जाती है। व्याख्या कीजिए। 15
क्या आपके विचार में महत्त्वपूर्ण सीमाओं के परचात भी पंचायती राज संस्थाओं ने लोकतांत्रिक विकेंद्रीकरण की प्रक्रिया को सुदृढ़ किया है? अपने मत प्रकट कीजिए। 15
Model answer
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(a) FR–DPSP reconciliation: amendments and judicial intervention
The Part III–Part IV tension has driven both amendments and doctrine. Champakam Dorairajan (1951) held that Article 46 could not override Article 29(2), prompting the First Amendment (Article 15(4)); Bela Banerjee (1954) on compensation led to the Fourth Amendment (1955). Golak Nath (1967) made Fundamental Rights immutable; the 24th Amendment restored Parliament's amending power and the 25th inserted Article 31C, giving Article 39(b) and (c) policies primacy over Articles 14, 19 and 31. Kesavananda Bharati (1973) evolved the basic structure doctrine, upholding the first part of Article 31C but striking down its bar on judicial review. The 42nd Amendment extended Article 31C to all DPSPs; Minerva Mills (1980) struck that down, holding that harmony and balance between Part III and Part IV is itself a basic feature. Waman Rao (1981) upheld the original Article 31C. The 44th Amendment (1978) moved property out of Part III into Article 300A and made Articles 20 and 21 non-suspendable during an Emergency. Courts later read DPSPs into rights (Unnikrishnan, education under Article 21), and the 86th Amendment (2002) inserted Article 21A. In Property Owners Association (2024), a nine-judge bench held that not every private resource is a "material resource of the community" under Article 39(b), rejecting Justice Krishna Iyer's broad view. The claim is thus correct for 1950–80; since Minerva Mills the harmonising doctrine has reduced the need for frequent amendments, and judicial balancing does most of the work.
(b) The President in minority and coalition governments
The President's discretion widens when no party commands a clear majority, because the aid-and-advice convention (Articles 74–75) presupposes a Council that enjoys the House's confidence. First, appointing the PM: the President must judge who can command a majority. The Sarkaria Commission's order of preference is a pre-poll alliance, then the largest single party with support, then a post-poll coalition. In 1998 President Narayanan asked Vajpayee for letters of support before inviting him, and in 2004 President Kalam appointed Manmohan Singh after UPA presented support letters. Second, dissolution under Article 85: Sanjiva Reddy dissolved the Lok Sabha in 1979 on Charan Singh's advice rather than inviting another claimant, and Venkataraman did the same in 1991 on Chandra Shekhar's advice. Third, delay and return of advice: the Article 74(1) proviso (1978) lets the President send advice back once for reconsideration, and Zail Singh's withholding of the Indian Post Office (Amendment) Bill (1986) shows the "pocket veto". Article 356 also becomes sensitive, but S. R. Bommai (1994) requires a majority to be tested on the floor and makes the President's satisfaction judicially reviewable. The discretion is thus real but bounded by conventions, floor tests and judicial review.
(c) Panchayati Raj and democratic decentralization
PRIs have deepened democratic decentralization, but unevenly. The limitations are real: States have devolved only part of the 29 Eleventh Schedule subjects, State Finance Commissions are often late, funds are largely tied, and bureaucratic dominance, "sarpanch-pati" proxy representation and irregular elections weaken accountability; Bihar held no panchayat elections between 1978 and 2001. Yet the evidence of deepening is strong. The 73rd Amendment created three tiers with regular elections and reservations. More than 20 states reserve 50 per cent of seats for women, who are roughly 46 per cent of elected representatives (Bihar was first, in 2006), and SC/ST reservation has created new local leadership. Gram sabhas and social audits under MGNREGA (now succeeded by the VB-G RAM G Act, 2025) made works more transparent. PESA (1996) extended self-governance to Fifth Schedule areas, though states have been slow to frame rules. Finance Commission grants to rural local bodies rose under the 14th (about ₹2 lakh crore) and 15th (about ₹2.36 lakh crore) Commissions. Kerala's People's Plan Campaign shows what state commitment can achieve. On balance, PRIs have widened participation and accountability despite limited finance and functions; state capacity and political will decide how far.
How this answer will be evaluated
Framework: Concept > Theory and theorist > Application > Critique
What earns full marks: Comprehensive, well-structured, with specific examples and a clear, balanced judgment.
Evaluation rubric
Each sub-part is marked on its own, against the marks and word limit printed on the paper.
- (a) Contextualize the FR-DPSP tension and provide a balanced judgment on the need for amendments and judicial intervention. 20 marks
comment— context → arguments both sides → judgment → close
Must cover
- Contextualize the inherent tension between FRs and DPSPs
- Cite specific constitutional amendments (e.g., 42nd, 44th)
- Analyze key judicial interventions (e.g., Kesavananda, Minerva Mills)
- Provide a final judgment on the reconciliation process
Loses marks
- Treating FRs and DPSPs as mutually exclusive
- Listing amendments without explaining their purpose
- Ignoring the role of the judiciary in reconciliation
Earns more
- Distinguish between justiciable and non-justiciable rights
- Reference the 'Harmonious construction' doctrine
- Mention Champakam Dorairajan (1951) and the First Amendment
- Discuss the 'Basic Structure' doctrine's role
Extra mark
- Cite Waman Rao (1981) upholding the original Article 31C
- Cite Property Owners Association (2024) on Article 39(b)
- (b) Explain how the President's discretionary powers become more significant in minority and coalition governments. 15 marks
explain— definition/context → points in order → small example → short close
Must cover
- Define the context of minority/coalition governments
- Explain the President's role in appointing the PM
- Detail the power to dissolve the Lok Sabha
- Explain floor tests and judicial review of discretion (Bommai)
Loses marks
- Confusing the President's role with the Prime Minister's
- Ignoring the constitutional basis for these powers
- Failing to distinguish between routine and discretionary powers
Earns more
- Cite precedents from 1979, 1989-91 or 1996-99 on appointment or dissolution
- Mention the role in summoning Parliament
- Mention the suspensive (pocket) veto over bills
- Mention the Article 74(1) proviso on returning advice for reconsideration
Extra mark
- Cite the Sarkaria Commission's order of preference for inviting a PM
- Cite the 1998 Narayanan letters-of-support precedent
- (c) Critique the claim that Panchayati Raj Institutions have strengthened democratic decentralization despite limitations. 15 marks
critique— the claim → its strengths → its weaknesses → your judgment
Must cover
- State the claim about Panchayati Raj and decentralization
- Identify significant limitations of Panchayati Raj
- Provide evidence of strengthened democratic decentralization
- Offer a balanced judgment on the overall impact
Loses marks
- Ignoring the limitations of Panchayati Raj
- Failing to provide evidence of strengthened decentralization
- Treating Panchayati Raj as a purely administrative body
Earns more
- Reference the 73rd Amendment and the Eleventh Schedule
- Mention the role of Gram Sabha
- Discuss the issue of state government interference
- Reference the role of the State Election Commission
Extra mark
- Cite specific state-level examples of successful decentralization
- Cite Finance Commission devolution to local bodies (14th, 15th)
What "Comment" is asking you to do
Take a position on the statement and support it. Comment usually attaches to a quoted line in the short slots, so the reasoning must be compressed — an opening view, a few load-bearing reasons, and the limit of the claim.
Structure that answers it
Unpack what the statement asserts → your stance → two or three supporting reasons → the qualification that limits it
Where marks are lost
Neutral summary; a comment without a stance has not answered. Equally costly is accepting the quoted line wholesale and never testing where it fails.
Practice this exact question
Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.
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