SHIKHAR MAINS 2022 - DAY 9 Model Answer English
Q1. राज्यों में विधान परिषदें खर्चीली और अनावश्यक विधायी उपांग हैं। इस संदर्भ में विधान परिषदों की उपयोगिता का परीक्षण कीजिए , साथ ही, उन्हें स्थापित करने और समाप्त करने के प्रक्रियात्मक पहलू पर टिप्पणी कीजिए ?
Legislative Councils in states are expensive and otherwise superfluous legislative appendages. Examine the utility of legislative councils in this context. Also, comment on the procedural aspect of setting up and abolishing them.
Approach -
• Introduce answer by referring to the constitutional provision relating to Legislative Councils.
• Explain the process of formation of Legislative Councils.
• Mention both the importance and limitations of having legislative councils.
• Conclude by referring to how the second house is important for representative democracy.
Answer -
The Legislative Council is the upper house among the bicameral legislatures in some states of India. Article 169 of the Constitution of India deals with the creation or abolition of State Legislative Councils.
Procedure for establishment and abolition of State Legislative Council:
The power to abolish and create the State Legislative Council is vested in the Parliament of India as per Article 169. To form or abolish a State Legislative Council, the State Legislative Assembly must pass a resolution, which must be supported by a 2/3rd (absolute + special majority) majority of the vote present and voting in the House. When a Legislative Council is created or abolished, the Constitution of India is also amended. However, this type of law is not considered a Constitution Amendment under Article 368. The proposal to create and abolish the State Legislative Council should also have the assent of the President.
Relevance of State Legislative:
Legislative Councils are playing the following role in decision making:
• Only a few states have legislative councils. These include Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
• Legislative Councils do not have adequate powers. For example: They have a negligible role in introducing and passing money bills. They can delay it by only 14 days.
• The legislative assembly also has the ultimate power to pass a ordinary bill.
• The Council can only discuss the budget but cannot vote on demands for grants (which is the special prerogative of the Assembly).
• The Council has no effective authority in ratifying the Constitution Amendment Bill.
• Finally, the survival of the Council depends on the will of the Assembly. The Council can be abolished by Parliament on the recommendation of the Assembly.
Therefore, it can be said that the Legislative Council is no more relevant than the Legislative Assembly.
However, legislative councils act as an important tool of checks and balances.
• It prevents the Legislative Assembly from exercising extreme legislative or executive authority.
• A bicameral legislature provides an opportunity for proper deliberation on important laws and budgets that require careful drafting and sufficient time.
• It provides a platform for diverse representation. It serves as a platform for academics and intellectuals, who are arguably not fit for the turmoil of electoral politics.
• The Legislative Council has a track record of working honestly, relevant amendments brought in, non-confrontational attitude towards the Assembly, courtesy and restraint in proceedings and drawing the attention of both the government and the public in matters of public interest.
It is important to have a second house in a representative democracy. Bicameralism for a more successful democracy looks beyond adult suffrage. Therefore, legislative councils act as an important forum of deliberation.
Q2. समाज के सामूहिक या सामुदायिक प्रयास को प्रोत्साहित करने और लोगों को समाज के अधिकारों के प्रति सचेत करने मे जनहित याचिका की भूमिका को स्पष्ट कीजिये ?
Explain the role of Public Interest Litigation in encouraging the collective or community effort of the society and making people aware of the rights of the society.
Approach -
• Introduce answer by referring to public interest litigation.
• Tell about the Role of Public Interest Litigation.
• Tell the area of acceptance of cases in Public Interest Litigation.
• Conclude the answer with positive hope.
Answer –
The PIL was launched in the United States in the 1960s. It was started in India in the decade of 1980 with the efforts of Justices V R Krishna Iyer and P N Bhagwati. Through a Public interest litigation, any person of the society can file a petition in the judiciary on issues related to public interest and request the judiciary to do judicial work in the interest of the society or community.
PILs are also known as social action petitions, social interest petitions, and class action petitions.
The PIL encompasses the vision of establishing the rule of law, protecting fundamental rights and giving justice to the socially and economically backward people.
Role of Public Interest Litigation -
• It is a strategic part of the Legal Aid Movement (Article 39A).
• It encourages the collective or community effort of the society and alerts people to the rights of the society.
• The principle of PUBLIC Interest Litigation deals with Article 32 and Article 226.
• Through this, the judiciary has to discharge the role under a positive attitude.
Public Interest Litigation is generally admitted as a Public Interest Litigation:
• Bonded labourers or neglected children.
• Exploitation of workers or violation of labour laws or non-payment of minimum wages.
• Petition against atrocities on women (especially in cases such as bride-harassment, dowry-burning, rape, murder, kidnapping, etc.).
• Complaints of harassment filed from jails, application for premature discharge and discharge after completion of 14 years, death in jail, transfer, release or release on personal bonds, speedy trial in the form of fundamental rights.
• Petition for non-filing of case by police, case of police harassment and death in police custody etc.
• Petitions regarding harassment by co-villagers, police harassment of Scheduled Castes and Scheduled Tribes and economically weaker sections.
• Petitions related to environment and ecology, petitions related to drug, food adulteration petitions, heritage and culture, ancient artwork, conservation of forests and wildlife and other matters of public importance.
• Petitions of riot victims and petitions related to family pension.
A special guide was filed by the Supreme Court to prevent misuse of public interest litigation, according to which -
• Encourage fair and genuine PIL and effectively discourage others.
• The identity and credibility of the petitioners should be ensured and established by the judiciary.
• The factual veracity of the petition should be established by the judiciary and if it is important in the interest of the society, then it should be considered for an urgent hearing.
• If a PIL has been brought for indirect or any other extra-narrow purpose, then a provision has been made to set an example, punishment should be given to the petitioner.
A PIL is an important judicial tool especially for the protection of the rights of those who are unable to approach the courts themselves. They are one of the most commonly used forms of litigation, especially in environmental cases. The courts have tried to make rules regarding PILs simpler so as to not discourage the filing of PILs in public interest and on behalf of the poor, disable or deprived classes of persons.
