π First-Past-The-Post (FPTP)
β In the FPTP system, a candidate is elected to a state assembly or to the national parliament in an election overseen by a competent authority if that person receives even one popular vote more than the runner-up.
β It is argued that this system creates an anomaly because the interests of the majority of the electorate do not find expression and representation in the elected body.
β It is currently being used to elect members of the House of Commons in the UK, both chambers of the US Congress and the lower houses in both Canada and India.
β As an alternative to the FPTP system, many experts have warranted for the Proportional Representation (PR) system for India.
β The PR system seeks to create a representative body that reflects the overall distribution of public support for each political party.
β It is used in the elections of the President, the Vice President in India, Members of Rajya Sabha and Members of State Legislative Councils.
βͺοΈArguments in favor of the PR system
β Better representation: While the FPTP system tends to reward the strongest party disproportionately and, as a corollary, handicap weaker parties, the PR System seeks to overcome the disproportionalities that result from majority and plurality formulas, and to create a
representative body that reflects the distribution of opinion within the electorate.
β More scope for smaller parties: While the FPTP system reduces the opposition to the bare minimum, in the PR System representation happens in proportion to the votes a particular party gets. Thus, it provides scope for representation of smaller parties in the government.
β Encourages party-based voting: While the FPTP system has been criticized to favor caste, religion, ethnicity and regional politics, the PR system enables a voter to overcome these factors and vote for a party rather than a candidate.
βͺοΈArguments in favor of the FPTP system
β Simplicity: While the PR system is a complicated. method with one voter required to exercise at least two votes, it is comparatively very simple to vote in the FPTP system.
β Voter Connect: In the PR system, the voter votes for the party which doesnβt allow voters to connect with the candidates. This connection is ensured in the FPTP system, where the voter is familiar with the candidate, he/she is voting for.
β Stability: It has been generally observed that through the PR system, mostly coalition forms of government are formed, which tends to be less stable in comparison to majority governments, which have a higher probability of formation in the FPTP system, and which are more stable.
Therefore, both the systems have their own merits and demerits. Some other countries also offer an experience of a hybrid pattern combining elements of both these election systems.
#mainsrevision
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@upsc_polity_Governance
β In the FPTP system, a candidate is elected to a state assembly or to the national parliament in an election overseen by a competent authority if that person receives even one popular vote more than the runner-up.
β It is argued that this system creates an anomaly because the interests of the majority of the electorate do not find expression and representation in the elected body.
β It is currently being used to elect members of the House of Commons in the UK, both chambers of the US Congress and the lower houses in both Canada and India.
β As an alternative to the FPTP system, many experts have warranted for the Proportional Representation (PR) system for India.
β The PR system seeks to create a representative body that reflects the overall distribution of public support for each political party.
β It is used in the elections of the President, the Vice President in India, Members of Rajya Sabha and Members of State Legislative Councils.
βͺοΈArguments in favor of the PR system
β Better representation: While the FPTP system tends to reward the strongest party disproportionately and, as a corollary, handicap weaker parties, the PR System seeks to overcome the disproportionalities that result from majority and plurality formulas, and to create a
representative body that reflects the distribution of opinion within the electorate.
β More scope for smaller parties: While the FPTP system reduces the opposition to the bare minimum, in the PR System representation happens in proportion to the votes a particular party gets. Thus, it provides scope for representation of smaller parties in the government.
β Encourages party-based voting: While the FPTP system has been criticized to favor caste, religion, ethnicity and regional politics, the PR system enables a voter to overcome these factors and vote for a party rather than a candidate.
βͺοΈArguments in favor of the FPTP system
β Simplicity: While the PR system is a complicated. method with one voter required to exercise at least two votes, it is comparatively very simple to vote in the FPTP system.
β Voter Connect: In the PR system, the voter votes for the party which doesnβt allow voters to connect with the candidates. This connection is ensured in the FPTP system, where the voter is familiar with the candidate, he/she is voting for.
β Stability: It has been generally observed that through the PR system, mostly coalition forms of government are formed, which tends to be less stable in comparison to majority governments, which have a higher probability of formation in the FPTP system, and which are more stable.
Therefore, both the systems have their own merits and demerits. Some other countries also offer an experience of a hybrid pattern combining elements of both these election systems.
#mainsrevision
#mains
#gs2
#polity_governance
Join @CSE_EXAM
@upsc_polity_Governance
π19β€1
π Liberal Democracy
β Liberal democracy is a representative democracy in which the ability of the elected representatives to exercise decision-making power is subject to the rule of law.
β It is usually moderated by a
Constitution that emphasizes the protection of the rights and freedoms of individuals, and which places constraints on the various organs of the state as well as on the extent to which the will of the majority can be exercised against the rights of minorities.
βͺοΈIndian Constitution has promoted liberal democracy in India in following ways:
πΈIdea of social justice
β Indian Constitution has linked liberalism to social justice.
β The best example of this is the provision for reservations for SC/STs.
β The Constitution makers believed that mere granting of the right to equality was not enough to overcome age-old injustices or to give real meaning to the right to vote.
β Special constitutional measures were required to advance the interests of the vulnerable sections of the population.
β Therefore, a number of special measures to protect their interests such as the reservation of seats in legislatures, government services and educational institutions were provided.
πΈ Recognition of community based rights
β Individuals in India belong to cultural communities and every such community has its own values, traditions, customs and language shared by its members.
β Unlike the west, individuals owe a high degree of allegiance to their community in India.
β Therefore, the Indian Constitution made it mandatory for our Constitution to recognise community based rights. One such right is the right of religious communities to establish and run their own educational institutions.
πΈCommitment to individual freedom and personal liberty
β The Constitution makers had seen the curtailment of freedom of expression and press during the colonial times.
β Therefore, they ensured that the state is responsive to the needs of individuals and provide them with the means by which their needs are communicated.
β For instance:
1. Freedom of expression has been enshrined in Article 19 of the Constitution.
2. Article 21 ensures that βno person shall be deprived of his life or personal liberty except according to the procedure established by law."
πΈ Separation of powers
β The constitutional principle of separation of powers partially rested on an account of liberalism.
β It is designed to prevent the arbitrary exercise of power by separating governmental power into three branches.
β Therefore, the court is at liberty to interpret and apply the provisions of the Constitution without consideration or conformity with the legislature.
πΈ Provisions of DPSPs
β By requiring the state to ensure that the conditions necessary for individuals to exercise their autonomy and self-determination are satisfied either directly by the state or through the regulation of the market and social spheres, directive principles may be seen to be part of the liberal character of the Indian Constitution.
By way of the above provisions, among others, the Indian Constitution has provided a framework for liberal democracy to flourish in India in multiple ways.
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β Liberal democracy is a representative democracy in which the ability of the elected representatives to exercise decision-making power is subject to the rule of law.
β It is usually moderated by a
Constitution that emphasizes the protection of the rights and freedoms of individuals, and which places constraints on the various organs of the state as well as on the extent to which the will of the majority can be exercised against the rights of minorities.
βͺοΈIndian Constitution has promoted liberal democracy in India in following ways:
πΈIdea of social justice
β Indian Constitution has linked liberalism to social justice.
β The best example of this is the provision for reservations for SC/STs.
β The Constitution makers believed that mere granting of the right to equality was not enough to overcome age-old injustices or to give real meaning to the right to vote.
β Special constitutional measures were required to advance the interests of the vulnerable sections of the population.
β Therefore, a number of special measures to protect their interests such as the reservation of seats in legislatures, government services and educational institutions were provided.
πΈ Recognition of community based rights
β Individuals in India belong to cultural communities and every such community has its own values, traditions, customs and language shared by its members.
β Unlike the west, individuals owe a high degree of allegiance to their community in India.
β Therefore, the Indian Constitution made it mandatory for our Constitution to recognise community based rights. One such right is the right of religious communities to establish and run their own educational institutions.
πΈCommitment to individual freedom and personal liberty
β The Constitution makers had seen the curtailment of freedom of expression and press during the colonial times.
β Therefore, they ensured that the state is responsive to the needs of individuals and provide them with the means by which their needs are communicated.
β For instance:
1. Freedom of expression has been enshrined in Article 19 of the Constitution.
2. Article 21 ensures that βno person shall be deprived of his life or personal liberty except according to the procedure established by law."
πΈ Separation of powers
β The constitutional principle of separation of powers partially rested on an account of liberalism.
β It is designed to prevent the arbitrary exercise of power by separating governmental power into three branches.
β Therefore, the court is at liberty to interpret and apply the provisions of the Constitution without consideration or conformity with the legislature.
πΈ Provisions of DPSPs
β By requiring the state to ensure that the conditions necessary for individuals to exercise their autonomy and self-determination are satisfied either directly by the state or through the regulation of the market and social spheres, directive principles may be seen to be part of the liberal character of the Indian Constitution.
By way of the above provisions, among others, the Indian Constitution has provided a framework for liberal democracy to flourish in India in multiple ways.
#mainsrevision
#mains
#gs2
#polity_governance
Join @CSE_EXAM
@upsc_polity_Governance
π8β€1
π Role of UPSC
β UPSC was created as the central recruiting agency and is an independent constitutional body constituted under Article 315 of the Indian Constitution.
βͺοΈIt has been visualized as the βwatch-dog of merit systemβ in India and in this regard, it has the following roles:
β It conducts examinations for appointments to the All-India Services, Central services and
public services of the centrally administered territories.
β It renders advice on service matters and is consulted by the government in deciding disciplinary matters.
β It assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
β The additional functions relating to the services of the Union can be conferred on UPSC by the Parliament. It can also place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC.
β It has the authority to appoint officers through interviews for lateral entry.
βͺοΈHowever, some experts argue that UPSC has certain limitations:
β Advisory body: The recommendations made by it are only of advisory nature and hence, not binding on the government. Further, the government can also make rules which regulate the scope of the advisory functions of the UPSC.
β Limited role: It is not concerned with the classification of services, pay and service conditions, cadre management, training, and so on. Further, it is neither consulted while appointing personnel to different posts or temporary jobs nor while making provisions for any kind of reservation. The President can also exclude posts, services, and matters from the purview of the UPSC.
β Overlap of function: The role of UPSC in disciplinary matters has been affected by the emergence of the Central Vigilance Commission because the government has come to consult the anti-corruption watchdog, as a specialized agency.
βͺοΈConsidering the importance of UPSC, the Constitution has provided following the provisions for ensuring independent and impartial functioning of the organization:
β Security of Tenure: Article 316(2) provides that the member of a Public Service Commission shall hold the office for the term of six years from the date on which he has entered upon his office and in the case of Union Commission; the age is of sixty-five years.
β Tough removal process: Article 317 provides that the Chairman or any other member of the Public Service Commission can only be removed from his office by order of the President on the ground of misbehaviour after an enquiry done by Supreme court.
β Conditions of service: Article 318 of the Constitution provides that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
β Charged Expenditure: Article 322 provides that the salaries, allowances and pensions of the chairman and members of the UPSC are charged on the Consolidated Fund of India and not subject to vote of Parliament.
β Check on Re-appointments: Article 319 (a) provides that the Chairman is not eligible for
further employment in Government of India or state. Further, a member of UPSC is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the GoI or a state.
β Memorandum on non-acceptance of recommendation: Article 323 provides that along with the report of the working of the Commission, a memorandum explaining the cause of non-acceptance of the Commissionβs recommendations would also be laid down before the two Houses by the President.
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β UPSC was created as the central recruiting agency and is an independent constitutional body constituted under Article 315 of the Indian Constitution.
βͺοΈIt has been visualized as the βwatch-dog of merit systemβ in India and in this regard, it has the following roles:
β It conducts examinations for appointments to the All-India Services, Central services and
public services of the centrally administered territories.
β It renders advice on service matters and is consulted by the government in deciding disciplinary matters.
β It assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
β The additional functions relating to the services of the Union can be conferred on UPSC by the Parliament. It can also place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC.
β It has the authority to appoint officers through interviews for lateral entry.
βͺοΈHowever, some experts argue that UPSC has certain limitations:
β Advisory body: The recommendations made by it are only of advisory nature and hence, not binding on the government. Further, the government can also make rules which regulate the scope of the advisory functions of the UPSC.
β Limited role: It is not concerned with the classification of services, pay and service conditions, cadre management, training, and so on. Further, it is neither consulted while appointing personnel to different posts or temporary jobs nor while making provisions for any kind of reservation. The President can also exclude posts, services, and matters from the purview of the UPSC.
β Overlap of function: The role of UPSC in disciplinary matters has been affected by the emergence of the Central Vigilance Commission because the government has come to consult the anti-corruption watchdog, as a specialized agency.
βͺοΈConsidering the importance of UPSC, the Constitution has provided following the provisions for ensuring independent and impartial functioning of the organization:
β Security of Tenure: Article 316(2) provides that the member of a Public Service Commission shall hold the office for the term of six years from the date on which he has entered upon his office and in the case of Union Commission; the age is of sixty-five years.
β Tough removal process: Article 317 provides that the Chairman or any other member of the Public Service Commission can only be removed from his office by order of the President on the ground of misbehaviour after an enquiry done by Supreme court.
β Conditions of service: Article 318 of the Constitution provides that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
β Charged Expenditure: Article 322 provides that the salaries, allowances and pensions of the chairman and members of the UPSC are charged on the Consolidated Fund of India and not subject to vote of Parliament.
β Check on Re-appointments: Article 319 (a) provides that the Chairman is not eligible for
further employment in Government of India or state. Further, a member of UPSC is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the GoI or a state.
β Memorandum on non-acceptance of recommendation: Article 323 provides that along with the report of the working of the Commission, a memorandum explaining the cause of non-acceptance of the Commissionβs recommendations would also be laid down before the two Houses by the President.
#mainsrevision
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@upsc_polity_Governance
π12
Forwarded from CSE EXAM upsc prelims mains CAPF CDS NDA
π First-Past-The-Post (FPTP)
β In the FPTP system, a candidate is elected to a state assembly or to the national parliament in an election overseen by a competent authority if that person receives even one popular vote more than the runner-up.
β It is argued that this system creates an anomaly because the interests of the majority of the electorate do not find expression and representation in the elected body.
β It is currently being used to elect members of the House of Commons in the UK, both chambers of the US Congress and the lower houses in both Canada and India.
β As an alternative to the FPTP system, many experts have warranted for the Proportional Representation (PR) system for India.
β The PR system seeks to create a representative body that reflects the overall distribution of public support for each political party.
β It is used in the elections of the President, the Vice President in India, Members of Rajya Sabha and Members of State Legislative Councils.
βͺοΈArguments in favor of the PR system
β Better representation: While the FPTP system tends to reward the strongest party disproportionately and, as a corollary, handicap weaker parties, the PR System seeks to overcome the disproportionalities that result from majority and plurality formulas, and to create a
representative body that reflects the distribution of opinion within the electorate.
β More scope for smaller parties: While the FPTP system reduces the opposition to the bare minimum, in the PR System representation happens in proportion to the votes a particular party gets. Thus, it provides scope for representation of smaller parties in the government.
β Encourages party-based voting: While the FPTP system has been criticized to favor caste, religion, ethnicity and regional politics, the PR system enables a voter to overcome these factors and vote for a party rather than a candidate.
βͺοΈArguments in favor of the FPTP system
β Simplicity: While the PR system is a complicated. method with one voter required to exercise at least two votes, it is comparatively very simple to vote in the FPTP system.
β Voter Connect: In the PR system, the voter votes for the party which doesnβt allow voters to connect with the candidates. This connection is ensured in the FPTP system, where the voter is familiar with the candidate, he/she is voting for.
β Stability: It has been generally observed that through the PR system, mostly coalition forms of government are formed, which tends to be less stable in comparison to majority governments, which have a higher probability of formation in the FPTP system, and which are more stable.
Therefore, both the systems have their own merits and demerits. Some other countries also offer an experience of a hybrid pattern combining elements of both these election systems.
#mainsrevision
#mains
#gs2
#polity_governance
Join @CSE_EXAM
@upsc_polity_Governance
β In the FPTP system, a candidate is elected to a state assembly or to the national parliament in an election overseen by a competent authority if that person receives even one popular vote more than the runner-up.
β It is argued that this system creates an anomaly because the interests of the majority of the electorate do not find expression and representation in the elected body.
β It is currently being used to elect members of the House of Commons in the UK, both chambers of the US Congress and the lower houses in both Canada and India.
β As an alternative to the FPTP system, many experts have warranted for the Proportional Representation (PR) system for India.
β The PR system seeks to create a representative body that reflects the overall distribution of public support for each political party.
β It is used in the elections of the President, the Vice President in India, Members of Rajya Sabha and Members of State Legislative Councils.
βͺοΈArguments in favor of the PR system
β Better representation: While the FPTP system tends to reward the strongest party disproportionately and, as a corollary, handicap weaker parties, the PR System seeks to overcome the disproportionalities that result from majority and plurality formulas, and to create a
representative body that reflects the distribution of opinion within the electorate.
β More scope for smaller parties: While the FPTP system reduces the opposition to the bare minimum, in the PR System representation happens in proportion to the votes a particular party gets. Thus, it provides scope for representation of smaller parties in the government.
β Encourages party-based voting: While the FPTP system has been criticized to favor caste, religion, ethnicity and regional politics, the PR system enables a voter to overcome these factors and vote for a party rather than a candidate.
βͺοΈArguments in favor of the FPTP system
β Simplicity: While the PR system is a complicated. method with one voter required to exercise at least two votes, it is comparatively very simple to vote in the FPTP system.
β Voter Connect: In the PR system, the voter votes for the party which doesnβt allow voters to connect with the candidates. This connection is ensured in the FPTP system, where the voter is familiar with the candidate, he/she is voting for.
β Stability: It has been generally observed that through the PR system, mostly coalition forms of government are formed, which tends to be less stable in comparison to majority governments, which have a higher probability of formation in the FPTP system, and which are more stable.
Therefore, both the systems have their own merits and demerits. Some other countries also offer an experience of a hybrid pattern combining elements of both these election systems.
#mainsrevision
#mains
#gs2
#polity_governance
Join @CSE_EXAM
@upsc_polity_Governance
π12β€5
πThe impact of fast track special courts
β The financing of the Fast Track Special Courts (FTSCs) Scheme follows the pattern of Centrally
πSponsored Schemes (CSS) as outlined below:
1. Cost Sharing: The Central Government contributes 60%, while State/UT Governments contribute
40%. However, for Northeastern States, Sikkim, and the hilly States of J&K (now a Union Territory),
Himachal Pradesh, and Uttarakhand, the ratio is 90:10.
2. Funding for Union Territories: In UTs with a legislature, the 60:40 ratio applies, whereas in UTs
without a legislature, the entire funding is provided by the Central Government.
β Fast Track Special Courts have become a vital part of India's judicial system, ensuring swift justice for victims of heinous crimes.
π Click here
#gs2
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@PIB_UPSC
@upsc_polity_governance
β The financing of the Fast Track Special Courts (FTSCs) Scheme follows the pattern of Centrally
πSponsored Schemes (CSS) as outlined below:
1. Cost Sharing: The Central Government contributes 60%, while State/UT Governments contribute
40%. However, for Northeastern States, Sikkim, and the hilly States of J&K (now a Union Territory),
Himachal Pradesh, and Uttarakhand, the ratio is 90:10.
2. Funding for Union Territories: In UTs with a legislature, the 60:40 ratio applies, whereas in UTs
without a legislature, the entire funding is provided by the Central Government.
β Fast Track Special Courts have become a vital part of India's judicial system, ensuring swift justice for victims of heinous crimes.
π Click here
#gs2
#polity_governance
@PIB_UPSC
@upsc_polity_governance
π8β€2
πe-Zero FIR Initiative
β The Indian Cybercrime Coordination Centre (I4C) has launched the e-Zero FIR initiative, which automatically converts financial cybercrime complaints over βΉ10 lakh into First Information Reports (FIRs).
β The e-Zero FIR initiative is a new mechanism where financial cybercrime complaints involving fraud above βΉ10 lakh are automatically converted into FIRs if reported via the 1930 helpline or the National Cybercrime Reporting Portal (NCRP).
β This system has been launched on a pilot basis in Delhi by the Indian Cybercrime Coordination Centre (I4C) under the Ministry of Home Affairs (MHA).
β Objective: The initiative aims to speed up investigations into large-scale cyber frauds and ensure swift action against cybercriminals.
β Rationale: It addresses the longstanding grievance of victims who face delays in FIR registration and difficulty recovering stolen money.
β Legal framework: The system is aligned with the provisions of Sections 173(1) and 1(ii) of the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS).
β The e-Crime Police Station of Delhi has been officially notified for e-FIR registration and case transfer under these legal provisions.
β Integrated Digital Infrastructure
The system integrates:
π°I4Cβs NCRP system
π°Delhi Policeβs e-FIR system
π°NCRBβs Crime and Criminal Tracking Network & Systems (CCTNS)
β These platforms collectively ensure the immediate registration of Zero FIRs at Delhiβs e-Crime Police Station, which are then routed to the concerned jurisdiction.
#gs2
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@upsc_polity_governance
β The Indian Cybercrime Coordination Centre (I4C) has launched the e-Zero FIR initiative, which automatically converts financial cybercrime complaints over βΉ10 lakh into First Information Reports (FIRs).
β The e-Zero FIR initiative is a new mechanism where financial cybercrime complaints involving fraud above βΉ10 lakh are automatically converted into FIRs if reported via the 1930 helpline or the National Cybercrime Reporting Portal (NCRP).
β This system has been launched on a pilot basis in Delhi by the Indian Cybercrime Coordination Centre (I4C) under the Ministry of Home Affairs (MHA).
β Objective: The initiative aims to speed up investigations into large-scale cyber frauds and ensure swift action against cybercriminals.
β Rationale: It addresses the longstanding grievance of victims who face delays in FIR registration and difficulty recovering stolen money.
β Legal framework: The system is aligned with the provisions of Sections 173(1) and 1(ii) of the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS).
β The e-Crime Police Station of Delhi has been officially notified for e-FIR registration and case transfer under these legal provisions.
β Integrated Digital Infrastructure
The system integrates:
π°I4Cβs NCRP system
π°Delhi Policeβs e-FIR system
π°NCRBβs Crime and Criminal Tracking Network & Systems (CCTNS)
β These platforms collectively ensure the immediate registration of Zero FIRs at Delhiβs e-Crime Police Station, which are then routed to the concerned jurisdiction.
#gs2
#polity_governance
@upsc_polity_governance
π6β€2
π Liberal Democracy
β Liberal democracy is a representative democracy in which the ability of the elected representatives to exercise decision-making power is subject to the rule of law.
β It is usually moderated by a
Constitution that emphasizes the protection of the rights and freedoms of individuals, and which places constraints on the various organs of the state as well as on the extent to which the will of the majority can be exercised against the rights of minorities.
βͺοΈIndian Constitution has promoted liberal democracy in India in following ways:
πΈIdea of social justice
β Indian Constitution has linked liberalism to social justice.
β The best example of this is the provision for reservations for SC/STs.
β The Constitution makers believed that mere granting of the right to equality was not enough to overcome age-old injustices or to give real meaning to the right to vote.
β Special constitutional measures were required to advance the interests of the vulnerable sections of the population.
β Therefore, a number of special measures to protect their interests such as the reservation of seats in legislatures, government services and educational institutions were provided.
πΈ Recognition of community based rights
β Individuals in India belong to cultural communities and every such community has its own values, traditions, customs and language shared by its members.
β Unlike the west, individuals owe a high degree of allegiance to their community in India.
β Therefore, the Indian Constitution made it mandatory for our Constitution to recognise community based rights. One such right is the right of religious communities to establish and run their own educational institutions.
πΈCommitment to individual freedom and personal liberty
β The Constitution makers had seen the curtailment of freedom of expression and press during the colonial times.
β Therefore, they ensured that the state is responsive to the needs of individuals and provide them with the means by which their needs are communicated.
β For instance:
1. Freedom of expression has been enshrined in Article 19 of the Constitution.
2. Article 21 ensures that βno person shall be deprived of his life or personal liberty except according to the procedure established by law."
πΈ Separation of powers
β The constitutional principle of separation of powers partially rested on an account of liberalism.
β It is designed to prevent the arbitrary exercise of power by separating governmental power into three branches.
β Therefore, the court is at liberty to interpret and apply the provisions of the Constitution without consideration or conformity with the legislature.
πΈ Provisions of DPSPs
β By requiring the state to ensure that the conditions necessary for individuals to exercise their autonomy and self-determination are satisfied either directly by the state or through the regulation of the market and social spheres, directive principles may be seen to be part of the liberal character of the Indian Constitution.
By way of the above provisions, among others, the Indian Constitution has provided a framework for liberal democracy to flourish in India in multiple ways.
#mainsrevision
#mains
#gs2
#polity_governance
Join @CSE_EXAM
@upsc_polity_Governance
β Liberal democracy is a representative democracy in which the ability of the elected representatives to exercise decision-making power is subject to the rule of law.
β It is usually moderated by a
Constitution that emphasizes the protection of the rights and freedoms of individuals, and which places constraints on the various organs of the state as well as on the extent to which the will of the majority can be exercised against the rights of minorities.
βͺοΈIndian Constitution has promoted liberal democracy in India in following ways:
πΈIdea of social justice
β Indian Constitution has linked liberalism to social justice.
β The best example of this is the provision for reservations for SC/STs.
β The Constitution makers believed that mere granting of the right to equality was not enough to overcome age-old injustices or to give real meaning to the right to vote.
β Special constitutional measures were required to advance the interests of the vulnerable sections of the population.
β Therefore, a number of special measures to protect their interests such as the reservation of seats in legislatures, government services and educational institutions were provided.
πΈ Recognition of community based rights
β Individuals in India belong to cultural communities and every such community has its own values, traditions, customs and language shared by its members.
β Unlike the west, individuals owe a high degree of allegiance to their community in India.
β Therefore, the Indian Constitution made it mandatory for our Constitution to recognise community based rights. One such right is the right of religious communities to establish and run their own educational institutions.
πΈCommitment to individual freedom and personal liberty
β The Constitution makers had seen the curtailment of freedom of expression and press during the colonial times.
β Therefore, they ensured that the state is responsive to the needs of individuals and provide them with the means by which their needs are communicated.
β For instance:
1. Freedom of expression has been enshrined in Article 19 of the Constitution.
2. Article 21 ensures that βno person shall be deprived of his life or personal liberty except according to the procedure established by law."
πΈ Separation of powers
β The constitutional principle of separation of powers partially rested on an account of liberalism.
β It is designed to prevent the arbitrary exercise of power by separating governmental power into three branches.
β Therefore, the court is at liberty to interpret and apply the provisions of the Constitution without consideration or conformity with the legislature.
πΈ Provisions of DPSPs
β By requiring the state to ensure that the conditions necessary for individuals to exercise their autonomy and self-determination are satisfied either directly by the state or through the regulation of the market and social spheres, directive principles may be seen to be part of the liberal character of the Indian Constitution.
By way of the above provisions, among others, the Indian Constitution has provided a framework for liberal democracy to flourish in India in multiple ways.
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National Legal Services Day
India's Legal Aid and Awareness Initiatives
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India's Legal Aid and Awareness Initiatives
#gs2
#prelims #governance
#polity_governance
Join @PIB_UPSC
@upsc_polity_governance
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π PoSH Act, 2013 | Supreme Court Ruling
β Why in News: SC expanded the ambit of the PoSH Act (Sohail Malik case)
β Key Ruling: A woman can file a sexual harassment complaint with the ICC of her own workplace, even if the accused belongs to a different organisation
β Impact: ICC of the aggrieved womanβs workplace can exercise jurisdiction over outsiders
π About PoSH Act, 2013
β Originated from Vishakha Guidelines (1997)
β Protects all women at workplaces (employed or not, including domestic workers)
β Covers unwelcome sexually coloured behaviour creating hostile work environment
β Wide definition of workplace: Govt, private, NGOs, hospitals, houses & work-related travel
π Redressal Mechanism
β Internal Complaints Committee (ICC): Mandatory in workplaces with >10 employees
β Local Committee (LC): For workplaces without ICC
π Penalties
β Monetary fine, disciplinary action or termination, based on severity
#GS2 #polity #mains #governance
#polity_governance
Join https://t.me/PIB_UPSC
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β Why in News: SC expanded the ambit of the PoSH Act (Sohail Malik case)
β Key Ruling: A woman can file a sexual harassment complaint with the ICC of her own workplace, even if the accused belongs to a different organisation
β Impact: ICC of the aggrieved womanβs workplace can exercise jurisdiction over outsiders
π About PoSH Act, 2013
β Originated from Vishakha Guidelines (1997)
β Protects all women at workplaces (employed or not, including domestic workers)
β Covers unwelcome sexually coloured behaviour creating hostile work environment
β Wide definition of workplace: Govt, private, NGOs, hospitals, houses & work-related travel
π Redressal Mechanism
β Internal Complaints Committee (ICC): Mandatory in workplaces with >10 employees
β Local Committee (LC): For workplaces without ICC
π Penalties
β Monetary fine, disciplinary action or termination, based on severity
#GS2 #polity #mains #governance
#polity_governance
Join https://t.me/PIB_UPSC
https://t.me/upsc_polity_Governance
β€9π1