1.

Highlighting the significance of the Preamble to the Indian Constitution,

discuss whether it is a part of the Constitution.
Approach:
• Give a brief introduction about the Preamble of the Constitution.
• Mention the importance of the Preamble to the Indian Constitution.
• Discuss whether the Preamble is a part of the Constitution.
• Conclude accordingly.
Answer:
The term ‘Preamble’ refers to the introduction or preface to the Constitution. It
contains the summary or essence of the Constitution. It is based on the ‘Objectives
Resolution’, drafted and moved by Pandit Nehru, and adopted on 22nd January,
1947 by the Constituent Assembly.
Significance of the Preamble to the Indian Constitution:
• It embodies the basic philosophy and fundamental values – political, moral
and religious- on which the Constitution is based.
• It reveals the source of authority of the Constitution i.e., the people of India.
• The terms sovereign, socialist, secular, democratic, republic in the Preamble
suggests the nature of the Indian state.
• It reveals the objectives of the Constitution as the ideals of justice,
liberty, equality and fraternity.
• It stipulates November 26, 1949 as the date of adoption of the Constitution.
• It contains the grand and noble vision of the Constituent Assembly, and acts
as a guiding source for the judges to understand the minds of founding
fathers during interpretation of the Constitution and review of the laws.
After independence, a controversy arose whether the Preamble is part of the Constitution or not.
The
Supreme Court in different cases has dealt with this question as follows:
• In the Berubari Union case (1960), the Supreme Court said that the Preamble
shows general purposes behind several provisions in the Constitution,
however, the Court didn’t consider it as a part of the Constitution. It is
also neither justiciable nor it indicates a source of power or prohibition upon
the powers of legislature.
• In the Kesavananda Bharati case (1973), the Supreme Court rejected the
earlier opinion and held that Preamble is a part of the constitution. It observed
that Preamble is an essential part of Constitutional Law. It provided following
facts which were not noticed in Berubari Union case:
o It has been adopted by the Constituent Assembly in the same manner as other parts.
o The motion by which the Preamble was adopted said: “The question is that
Preamble stands part of the Constitution”.
 • In S. R. Bommai case (1994), the Supreme Court again held that the Preamble
is an integral part of the Constitution.
Thus, the Preamble stands as an important part of the Constitution, which in the
words of an eminent jurist is ‘identity card of the Constitution’.

2. Discuss the role of the Finance Commission in governing the financial relations
between the Union and the states in India.
Approach:
• Give a brief introduction of the Finance Commission.
• Elaborate the functions of the Finance Commission to maintain financial
relations between Union and states.
• Conclude by mentioning the challenges faced by the Commission and measures to address
them.
Answer:
The Finance Commission is a constitutionally established body set up under Article 280 of the
Constitution. Its core responsibility is to evaluate the state of finances of the Union and state
Governments, recommend the sharing of taxes between them, and lay down the principles
determining the distribution of grants in aid among States.
The Finance Commission acts as a balancing wheel of fiscal federalism by
governing Vertical Devolution (devolution of taxes of the union to states)) and
Horizontal Devolution (allocation between the states) of taxes. In this regard it
has following functions:
• The distribution between the Union and the states of the net proceeds of taxes,
which are to be, or maybe, divided between them and the allocation between
the states of the respective shares of such proceeds.
• The principles, which should govern the grants-in-aid of the revenues of the
states out of the Consolidated Fund of India.
• The Commission decides the basis for sharing the divisible taxes by the Center and the
states
and the principles that govern the grants-in-aid to the states every five years.
• The Commission’s recommendations along with an explanatory
memorandum about the actions taken by the government on them are laid
before the Houses of Parliament.
• As per the Code of Civil Procedure 1908, the Commission has all the powers
of a Civil Court. It can call witnesses, ask to produce a public document or
record from any office or court.
• Any other matters referred to the Commission by the President in the interests
of sound finance. However, there are certain challenges that the Finance
Commission faces:
 • Term of reference: The terms referred to for the consideration of the 15th
Finance Commission have raised doubts over the cooperative spirit of the
Centre. It is argued by some that the use of 2011 census as the basis for
resources allocation between states by the 15th Finance Commission would
disadvantage states that performed better in controlling their population over the
decades.
• Nature of funds: The nature of transfers to states has also changed with the
recommendations of the 14th finance commission. A larger share of transfers
has been in the form of unconditional devolution to states. The share of
statutory grants paid to the states has correspondingly declined. While this
has allowed greater discretion to states, it has also made them more vulnerable
to fluctuations in the centre’s tax revenues
• Demand for permanent status: Different Commissions have adopted
different approaches on tax devolution and making grants to states. This makes
the flow of funds to the states uncertain. Thus, there is a need for permanent
Commission especially since the Goods and Services Tax (GST) has come
into operation.
To maintain the balance between Union and state fiscal responsibilities and
revenue power, the Commission will be required to have a long-term vision while
accommodating the changing developmental needs and aspirations of the nation.

3. Tracing the evolution of the local government in India, highlight the changes
brought about by the 73rd Amendment Act to the Panchayati Raj Institutions (PRIs).
Approach:
• Give a brief introduction about the importance of local government.
• Give the evolution of local government in India.
• Highlight the changes brought about by the 73rd amendment in Panchayati Raj institutions.
• Give a brief conclusion.
Answer:
Self-governing village communities existed in India from the earliest times in the
form of ‘Sabhas’ (village assemblies). These village bodies took the shape of
Panchayats, which resolved issues at the village level. Their role and functions
kept on changing at different points of time.
In modern times, the evolution of local government can be traced as follows:
• Elected local government bodies were created after 1882 by the initiative of
Lord Rippon, Viceroy of India at that time. They were called the local
boards.
• Following the Government of India Act 1919, village panchayats were
 established in a number of provinces. This trend continued after the
Government of India Act of 1935.
After India's independence in 1947, the government of India adopted a centralized approach to
governance, with most powers and resources concentrated at the central and state levels. Local
governments were largely seen as an extension of the state government and had limited autonomy
In the 1960s, there was growing recognition of the need for more effective and responsive local
government in India. The government of India appointed several committees and commissions to
study the issue, including the Balwant Rai Mehta Committee (1957) and the Ashok Mehta
Committee (1978) which recommended significant decentralization of powers and resources to local
governments.
• In 1989, the central government introduced two constitutional amendments. Later in 1992,
the
73rd and 74th constitutional amendments were passed by the Parliament.
The 73rd Amendment Act brought about the following changes in Panchayati
Raj Institutions (PRIs):
• Three Tier Structure: All States now have a uniform three tier Panchayati
Raj structure. At the base is the ‘Gram Panchayat, at intermediary level is the
Panchayat Samiti and at the apex is the Zila Parishad.
• Elections: If the State government dissolves the Panchayat before the end of
its five-year term, fresh elections must be held within six months of such
dissolution, thus ensuring continuity.
• Reservations: One third of the positions in all panchayat institutions are
reserved for women. Reservations for Scheduled Castes and Scheduled Tribes
are also provided for at all the three levels.
• Transfer of Subjects: The 11th Schedule of Indian Constitution was added in
1992 by the 73rd Constitution Amendment Act. This schedule contains 29
subjects. These subjects are to be transferred to the Panchayati Raj institutions.
However, the actual transfer of these functions depends upon the State
legislation.
• State Election Commissioners: The State government is required to appoint
a State Election Commissioner who would be responsible for conducting
elections to the Panchayati Raj institutions.
• State Finance Commission: The State government is also required to appoint
a State Finance Commission once in five years which would examine the
financial position of the local governments and review the distribution of
revenues between the State and local governments.
In nutshell, the amendment has led to the presence of these local institutions across
India, which is a significant achievement and has created an atmosphere and
platform for people’s participation in governance.
4. Timely disposal of court cases is essential for maintaining the rule of law and
providing access to justice. In this context, discuss the reasons behind judicial
pendency and mention the steps taken to address this issue.
Approach:
• Discuss why timely disposal of cases is imperative for ensuring rule of law.
• State the reasons for pendency of cases in India.
• Mention the steps taken to address this issue.
Conclude accordingly.
Answer:
Access to justice is a basic right that guarantees protection of law to all. It also
includes the right to timely justice as “justice delayed is justice denied”.
Moreover, it is integral to rule of law as judicial delay hampers public trust in the
Judiciary, which in turn, weakens the democratic institutions. Further, it is
guaranteed under Article 21 of the Indian Constitution.
However, according to data by the Department of Justice, over 4.70 crore cases
are pending in various courts in the country. Of them, 87.4% are pending in
subordinate courts, 12.4% in High Courts, while nearly 1,82,000 cases have been
pending for over 30 years.
Reasons for judicial pendency in India are:
• Poor state of subordinate Judiciary: District courts across the country suffer
from inadequate infrastructure and poor working conditions.
Disruptions due to the coronavirus pandemic: It further clogged the overburdened Indian
judicial system. Though the courts eventually went digital with the initial lockdown restrictions in
place, a slower disposal rate resulted in more pending cases. For instance, the National Judicial Data
Grid shows that courts saw an increase of over 27% in pendency between December 2019 and
April 2022.
• Shortage of judges: There are merely 20 judges per lakh population in the
country, which is alarmingly low. The sanctioned strength of judicial officers
in the subordinate and High Courts saw a gradual increase, however, by April
2021, 411 of 1,080 positions (38%) were vacant in High Courts.
• The government being the biggest litigant: The former Chief Justice of India
(CJI) N.V. Ramana termed the governments as the biggest litigants, accounting
for nearly 50% of pending cases. Also, many of these are actually cases of one
department of the government suing another.
• Vague drafting of laws: There are obsolete laws that are part of the statute books.
Further, faulty or vague drafting of laws, and their multiple interpretations by
several courts are the reasons behind prolonged litigation.
Steps taken to address judicial pendency of cases include:
• Reduce litigation by the government: Various steps have been taken to reduce
 litigation by the government, such as:
o Legal Information Management & Briefing System (LIMBS): A web-
platform for the purpose of monitoring litigation of the Union of India.
o Administrative Mechanism for Resolution of Disputes (AMRD): For
the resolution of inter-ministerial/ departmental disputes.
• Establishment of fast track courts: The government has established fast track
courts to provide speedy justice and dispose a large number of pending cases
in a specified time.
• Promoting Alternative Dispute Resolution (ADR) mechanisms: The
government and the Judiciary are promoting ADR mechanisms like
arbitration, mediation, etc., which have the potential to change the judicial
landscape and settle grievances without protracted legal proceedings.
• Use of technology: The e-Courts Mission Mode Project was launched with
the objective of improving access to justice using technology by streamlining
the district and subordinate courts.
o Further, SUPACE (Supreme Court Portal for Assistance in Court
Efficiency) was launched for improving efficiency by encapsulating
judicial processes that can be automated through Artificial Intelligence.
Apart from these, a better court management system, reliable data collection with regard to cases,
improving infrastructure of subordinate courts and establishing the All India Judicial Services is
required to address pendency of cases.

5. While a wide range of powers have been conferred on the Governors of states in
India, there are certain limitations imposed on them as well. Discuss.
Approach:
• Introduce by writing about the constitutional position of the Governor.
• State the wide range of powers that have been conferred on the Governors of states in
India.
• Discuss the limitations imposed on their power.
• Conclude accordingly.
Answer:
Articles 153 to 167 of the Constitution deal with the role and powers of the
Governor. It is an independent office, which functions as a vital link between the
Union government and the state governments.
A wide range of powers - executive, legislative, financial and judicial – has been
conferred on the Governors of states in India, which include the following:
• Executive powers: All Executive actions of the state government are formally
taken in the name of the Governor.
o His/her Executive powers include appointments and determination of
 conditions of the offices of various important posts including that of the
Chief Minister, the State Election Commissioner, etc.
• Legislative powers: He/she ensures that the Annual Financial Statement
(State Budget) is laid before the State Legislature. The Governor also has the
power to promulgate Ordinances.
o Money Bills can be introduced in the State Legislature only with the prior
recommendation of the Governor and no demand for a grant can be made
except on his/her recommendation.
Judicial powers: He/she can grant pardons, reprieve, respites and remissions
of punishments or suspend, remit and commute the sentence of any person convicted
of any offence against any law relating to a matter to which the Executive power
of the state extends.
• He/she is consulted by the President while appointing the judges of the
concerned state High Court and makes appointments, postings and
promotions of the district judges in consultation with the state High Court.
Discretionary powers: He/she has constitutional discretion, which include the reservation of a
Bill for the consideration of the President, recommendation for the imposition of the President’s Rule
(under Article 356) in a state, etc
He/she has situational discretion as well such as the power to appoint the Chief Minister (CM)
when no party has a clear-cut majority, the CM in office dies suddenly with no obvious successor,
etc.
However, the open confrontation between the Governors and state Ministers,
misuse of Article 356 of the Constitution, the Governors not acting timely
upon Bills passed in the Assemblies, mindless re-promulgation of Ordinances,
misuse of discretionary powers, etc. have been issues of contention. In this light,
certain limitations on the powers of the Governor have also been specified,
which are:
• Article 154(2)(a) of the Constitution prohibits the Governor from exercising any
function
“conferred by existing law on any other Authority”.
• Article 163 of the Constitution categorically provides that “there shall be a Council of
Ministers
with the Chief Minister at the head to aid and advise the Governor.
• The S. R. Bommai vs. Union of India (1994) case limited the Governor’s
powers in dismissing a state government under Article 356 of the Constitution.
The floor of the Assembly is the only forum that should test the majority of the
government of the day, and not the subjective opinion of the Governor.
• In the Rameshwar Prasad case (2006), it was held that the Governor cannot
decide based on his subjective assessments on the proclamation of President’s
 Rule and the dissolution of the Assembly.
• In D.C. Wadhwa vs. State of Bihar (1986), the Governor’s power on re-
promulgating Ordinances for an indefinite period of time was limited. It was
held that the Governor cannot take over the power of the Legislature.
The office of the Governor is important in the Indian federal system. The Governor's office should
facilitate maintenance of internal security, ensure communal harmony and welfare of Scheduled
Castes and Scheduled Tribes and rise above partisan politics while discharging the Constitutional
obligations.