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Introduction
India became a full fledged international persona-
11ty on tile 15th oi' August, 1947. As a prelude to independ
ence, the interim Goverment was formed on September 2 1 1946.
'.the fathers or the Indian Constitution conceived of
a Constituent Asoembly as s ornetlling dynamic, not lllerely a
body or representat1ves 1 but a natlon on tile move, it was
not only to produce a Constitution for tile country, but to
tl;lrcw a-way "the spell or lts past polltlcal and possibly
soc1al structure, and i'asllioning !or itself a new Government 1
of lts a.in making".
lvor Jennings has noted three situations in wllich a
Constituent Assembly comes lnto belnga when there is "a great
social revolution" or "when a nation thrown orr lts foreign
yoke" or when "a nation is created by the fusion or smaller
polltlcal units. Whatever the clrcumst ances, Jennings points
out "the need is felt and s o:ne person ls set to draft a
Constltutlon".2 rile Indian Constituent Assembly, according
to this view, falls into the second category. Its task was
mainly to put an end to tile .tlrltlsll rule in India and to est
ablish an independent Republic or Ind1e..
1
The Assembly took two years, eleven months and sev
enteen days to complete its labour, from December t~, 1946 to
november 26, 1949. During this period it helds eleven sessl
ons and its total worltlng days numberE-d one hundred and slxty
flve.
On 'tovember 26 1 194~, thll Presidt>nt authentlcated
the ncv Constitution of India, thereby fringing 1t into rorce
in accordnnce with its provisions. Actually, only a few
provisions came into force on that day- those relating to
cltlzenshlp and n few other formal articles. 'l'b.e Republic
or India establbned by tne Co!'lstltution cnme lnto being on
January 26, 1950; a.o'l.d on that day the Constituent Assembly
ceased to exist, transforming itself into tne Provisional
l'arl1ament of' India - untll the new Parll&ment was set up
under adult suf'rrage in 1952. 'l'he past decade in world
hlstory has been n sad history or repeated !allures of dea
ocracy in the newly emerging nation - States, especially in
Asia a.'ld Africa. But this does not warrant tile conclusion
that democracy is unsuitable to their peoples, for two rea
sons, first, a democratic system or Government 1s not inborn
ln any society, it ls a product or cultivation. 'l'he recent
history or the nations of the Western Europe shws that it
is none too easy to work even among the more politically
mature and econor.1ically advanced people. To t'unetlon eff
ectively a democratic Government requires a corresponding
pattern or society and a way o! ll!e, both or whieh assume
certain 'moral foundations 1 • 'l'he new nation of Asia and
Africa, only too recently released from their independence
2
on colonial powers, have yet to develop democratic outlook
and social rram01o1ork, takes time. In the case or the older
western nations, it took 1:1any centuries. set-baclts are
th.arerore inevitable 1n the process or the growth. towards
de:nocracy ln these new nations. Secondly, 1t sh.ould be brone
in mind 1n 111any or these States, the new pol1tloal organizat
ion wns not ln fact democratic. What, rallt!d then, was not
det!loeraoy os sucn but certain f'xternnl ror::ts ot' de:nocrntic
institutions 1 which are not suitably adopted.
A democratic Government 1s not only gooi Government 1
but also self Government, Indeed no Government can be consid
ered good unless lt recognises that man is essentially a
responsible being and glves opportunities for expressing it.
Only that form of Government can be considered truly democr
atic whlcll offers an opportunity for all who are governed to
participate ln the Governme~t through the i"ree exercise or their res ponsl.biltty.
~Ills approach should dispel the popular misconcep
tion that democracy means the rule of the majority, Such a
view 1s responsible for a dangerous claim ttlnt a dictatorship
of proletariat is also democracy, because in our industra.U
sed society wage earner numerically constitute almost a per
manent majority. ~his fallacy would make or democracy not a
common politl.cal ldea but a class doctrine. Moreover, majo
rity in any country is more than likely to be poll.tlcally
unlnrormed. Thus democracy may in fact turn out to be the
Government of the ignorant mob and this is the basis of the
attack from tile sl.de of the Right which wants to maintal.n
Government as the responsibility exeluslvelr or an aristo
cracy or property or intellect. Any GovE>rnmental system
which does not provide for all sections of society to share
its functioning is certain sooner or later to be perverted
by those learn to manipulate the machlnerr oi" Government !or
their own a elfish ends.
In parlla:nentnry decocrncy a full and free discuss
ion of an lssue takes plncE' before nny polltlcnl declsion on
3
it 1s made, on atleast three separate levels - on the Gove
rnmental level, in the Parliament and in the many c omrnon
forums. Where there 1s freedom of public opinion, safe
guarded by an impartial Judiciary, tb.e public debate goes
on through press and platform in ma."ly more or less organis
ed forms. At the end it comes to division. Tb.e debate 1s
more important than division, tor it Ls tb.e former that
mnlces i'or:nulatlon and exchange or ideas possible. It
offers opportu.'lity ror free expression or diverse views and
gives scope of pursuatlon, acco111odation and compromise. It
thus makes possible a Government by disaussion - a process
in which the spokes man or the minority also argues, demands
and makes compromises just like the spokesaan of tb.e major
ity. Thus parliamentary democracy makes Government "the
rule of the people as a whole. •3
Democracy is a Government by discussion and consent,
In it, the people are the rinal arbiter or political author
ity. A democratic political system should provide adequate
opportunities ror the people to discuss poUtieal issues
and express their ~1ll on them. The press, public meetings
and the Parliament are some or the 1nst1tut1ons through
111hlch public opln1on rinds expression. These have a conti
nious lire. ,!jut eleotions are the occasions when the people
exercise their right to clloase their Government and there by
express their opinlcn deolsively. Thls ls the methcxl by
wllich people choose thelr representatives who wlll form the
legislative bcxlies in the States and tile Centre !or n per1cxl
norll1ally !or the noxt five years. Thl'l Government Ln power
1s !or!lled by thP party o o:::l:la'\ding n major it. y ln the legla la-
ture. Xtlough, election, therefore, the people cnoose the
Govornment they wnnt. Xlle sense or res pons ib1lity with
which men and wo::~en exercise their right of vote wlll det
ermine the quality or Government they return. In a demo
cr!lcy, more than in any otner poU.tical system, the people
get the Govornmant they des1re.4
The Constitution o! India, republican and f'ederal
in character, embodies the silent featurl:'s or the parliam
entary system. It provides !or Parliament !or tne Union
consisting or the President and two Houst>s, namely, Rajya
Sabba ( COl.L'lcil of States ) a..''ld Lolt l>nbha { House of tne
People), tn which l..ok Sabha nas supremacy 1n r1na.'lc1al mat
ters; a Unton exeeuttveo drm~n from both Houses or ParU.ament
nnd collectively respons1ble to Lolt-Sabha, ensuring thereby
an intimate relationship between the Union exeouttve and
Parliament; a number or States wltll baslo provisions parallel
to those for tile Union in respect or the executives and leg•
islatures or the statesJ a head or tile state called the
President or India acting with the aid and the ad vlce or tne
IInion Council or HlnistersJ rule or law; independent . judlcl
ary and a civil service, anonymous and polltlcally independ
ent. · l'he Parliament in India ls not a soverign bod.y-uneont
rolled n..l"ld with. Ut'l.llmited powers ln the same sense as the
British Pnrliament ls • It functions within the bounds o! a
written Constitution.
Under the Co!'U!tltutlon, thP executive pC7oier or thP
Union hns been VPsted in the Presldent, to be exercised by
him elthPr directly or tllroug~ officers subor1inah to hl:t.5
Xllere is tbe Counc:Ll or Hinisters t wS.th tho Prime Min1ater
at the head, to ald and advise the President. In actual
practice it ls the Council or Hlnisters and not the Presid
ent llhich bears the res pons lbll1ty ror governmental act!. on.
As Dr. Alexandrowlcz observes a ".But 1'ollaw1ng a centuries
old tradition the formal position is that the King, who had
gradually lost legislative, Judicial and rlnelly executive
power, is still the supreme rormal agency ln whose name act
ion is taken. This was oxaotly what in-corporated mutnt1s
mutndls in article 74(1) by making the President such an
agency without stating expressly that the advice or the Min-,.
istry is blnding."0
Thls point was very clearly elucidated by several
members in the Constituent Assembly. While introducing the
Draft Constitution as settled by the Draft Con~ittee, Dr.B.
R. Ambedkar observed, "Under the Drart Constltutlon the Pre
sident occupies the s arne position as the King U!lder the
English Constitution. He is the Head or the State but not
or the Executive. He represents the ttation but does not
rule th.e 't-ht1.on • • • • • Th.e President of' th.e Indtan Union
will be generally bound by the advice or his Uinhters. He
can do nothing contrary to their advice; nor can do any
thing without their advlce.•7 Dr. Alladi K. Ayyar observeda
" One point that has to be remembered in this CCY.lneetion
is that any power exercised by him on his own responsibili
ty. The vord 'President' used ln the Constitution stands
!or the fnbrlc responsible to the Legislature." 8 Thia vlev
has also bt>en held by the SuprPme Court1 "Under nrttcle 63( l)
••• the executive power or the Union is vested in the Presi
dent, but under article 75(c) there is to be a cou..ttc1l o!
Hln1sters wlth the Prlme Hinlster at the h.ead to aid. and.
advice th.e Presidemt tn the exercise or hls !unctions. Tne
President has thus been made a formal or constitutional head
or the executive powers are vested in the Mtnlsters or the
Cab1net~9 Article 35(3) says that the Council or :Unlsters,
under the Constf.tutton, is collectively responsible to Lok
Sabha only. Under article 85(1} the !'resident may su:n:non
each House of .Parliament to meet as such time and place as
thinks 1'1t, but in no case should the period tntervening
between its last sitting in the next session exceed six
months. The President may i'ro:n time to time prorogue the
House or either House or Parliament and dissolve Lok Sabha.
The proposal to summon, prorogue or dissolve Lok Sabha may
be made by the Pri~e !Unister with or without the consult
at ton or the Cabinet.
At the commencement oi' the 1'1rst session after
each general election or Lok Sabha and corJ:nencernent of the
flrst session of each year the President addresses both
Houses or Parliament assembled to~ath~r and informs them of
the reasO!l.s ror its summoning. i:lesides the opening address,
tle may address either House or Parlla:nent or both Houses
assembled together, and for that purpose ree&ulre the attend•
ance oi' lllelllbers. He is also empCJtiered to send messages to
either House, whether with respect to a .i:11ll then ~ndlng
ln Parl1a111ent or otheJ:Vlse; and a House to whlch lila)" musage
1a so sent shall w lth all c onve'llent dl's patch c O'ls 1dC!r any
8
matter requS..red by tile message to be taken into consideration.
Tile prov!.sion i'or Address. by the Head oi' the State
to Parliament goes back to the year 1921 when the Central
Legislature was set up ror the rirst time under the Govern
ment or India Act, 1919. Though there t.~as no specti'1c pro
vision in the Act for the Governor-General's Address to both
the IIoll$es assembled togetb.er, in practice duri.ng the year
l92l to 194.6 the Governor General addressed. the lower House
separately as well as both the Houses assembled together on
a number of occasions. The Governor General dtd not Address
the Constituent Assembly on any oocasion during its e:dstence
rrom ~lovember 11147 to January 1950.
l:leing a statement oi' policy or the Government the
Address is drafted by the Government; 1t is not the Presid
ent but the Government wnicn 1s respons1ble for the contents
or the Address. It contains the review of the activities and
achievements of the Governoont during the previous year and
1ts policy with regard to 1oportant internal and current
international proble:ns. It also contains a brier accou.'lt
or the progra111mes of Government business i'or the session.
On the days alloted ror dlscll$sion 1 the House 1s
at Uberty to dlscuss the matters referred to to in the
Address. 9 The only limitations are thnt members cannot refer
to matters which are not the direct responsibility of the
Governcent ot Indias 10 and that the name or President cannot
be brought in during the debnte 1 since the Gover~ment 1 and
not the President, is responsible !or the contents or the Address.ll .
I At the end the !'rime J.flnister replies to the debate
on President's Address. Arter the Prlme ainister has repl
ied to the debate, the amendments that have been moved are
disposed -orr and th.e i-iot1on or Thanks put to the House.
Arte~ the Jo!ot1on is carried, it is conveyed to the Presid
ent dlreet by the Speaker through a letter.
On May 14, 1954 1 Speaker I>favalanltar _announced that
the House of the people would thereafter be kna.1n as " Lok
Sabha". On Aug. 23 1 l954t the Chairman of th.e Upper House
announced a similar decesion changing the nallle of the Cou
ncil of States to "Rnjya Sabh.a" fro:n the date.
Rajya Sablla consists of twelve members nominated by
tile President and not more than two hundred and thirty-eight
representat1ves of tile states and the Union territories. The
Hembers no:a1nated by the President c onslsts of persons hav
ing special lma.1ledge or practical experience 1.n respect of
such ::~atter as literature, science, art and soolal service.
The object of having a second Chamber in the United
Stntes, was professedly to cheek the popular Cha:nber and, in
thls, the American Senate has well succeeded. The Engllsll
Houze of Lords 1s na.1 the only second Chamber amongst tile
knam Coostltution of the world which contains a major here
d1.tary elements.
l'he framers or our Const1tut1on h.ave combined cert
ain reaturea or the Constitution or Eire nnd or South Af'r1ca
in providing for the COlllpos1.tion of the Upper Chaober of' the
Union Parliament. Tile pr1nc1ple oi' partial nom1nat1on 1s
intended to secure for dist1ngu1shed persons a place ln
10
the Upper Chamber. Election oi' the maJor portion oi' the
members by the State Assembl1es 1s intended to give a fed
E>ral character. But the Ame>rlcan system of equallty ot
state representation is not f'ollC1tled, for the number of'
representat1ves of the states to our Council or States varles.
History has belled the radlcal vLew or th.e French. re
volutl onary thinker Abbe Sleyes that -"I 1' a second Cha111ber
dissents from tne i'lrst, lt ls mS.Sch.levous J 11' lt agrees wltb.
the f1rst, lt ls s upertluous".
Rajya Sabh.a ls not subject to dlssolutlon, but as near
ly as possible one tnlrd or lts mem'bers retire as soon as may
be on the explratlon or every second year ln accordance with.
the provlslon made ln tb.at betlalt' by ParU.ament by law.
Lolt Sabtla c onslsts or not core than 1'1 ve bundred mem
bers ch.oosen by dlrect election from territorial constituen
cies in tb.e States, and not more than twenty-the .members to
represent th.e Un1on terr1tor1es choosen 1n such. a manner as
Parliament by law provides.
The President 1s empowered ·lr he is or oplnlon that
tile Anglo Indlan Commu.'llty ls not adequately represented ln
the IIouse, to no:nlnate not more than two members ·of the com
munity to Lolt Sabb.R.
For tbe purpose of election fro::~ territorial constlt
uenc1es 1n the States, a number oi' seats are> nllottel1 to eoch
State ln Lok fiabha 1n such a e1anner that tb.tt rntlo bet..,et>n
'
that numuer and the populatl on of the State ls, so far as
practicable, the same for all States. Upon the co:upletlon
or each census, tho allocation or seats ln Lok Sabha to
11
the States and the d1vlslon of each Ztate into territorial
cO!'l.stltuencies are readjusted by such authority and in such. -
a ::tanner as .Parliament determines by law, but such readjust
ment does not ntreet representation in Lok Sabha until the
dissolution or then existing House. Seats are reserved 1n
Lok Sabha for , (a) tile Scheduled Castes a (b) tile Sclledul
ed Tribes; except those ln the tribal areas or Assam; and
(c) theo Scheduled Tribes in the autonomous dlstrlcts or
Assam.
l'he office of the Speaker, lmCMn as President tlll
1947, dates back to 1;}21, when the Central Uagislative Ass
embly was i'or the i'irst time const1tuted under tb.e Montagu
Cb.emsrord Reforms. Previously it was the Governor General
or India wb.o used to preside over tb.e sittings or tb.e Uag
lslative Council. "Confidence in the impartility of tb.e
Speaker,• says ~lay, " 1s an indispensable co~dltion or the
successful worltlng or procedure, and many conventions exist
wb.lcn have as their object not only to ensure tb.e Lm.partia
llty of the Speaker but also to ensure that his 1mpnrtinl1-
ty is generally rPcognised." 12 In India, the Presiding
Officers folla.rs more or less the traditions and conventions
estnbllshed by tb.e speaker of the House of Co:n:noos. The
Presiding Officer hicselr kept aloot co:npletely fro~ party
pollt1cs.l3
12 Speaker, Havalankar on Hay 15, 1952, at the time ot
his election as Speaker of l..ok Snbha observeda "We have yet
to envolve pol1t1cal partles and healthy conventions about
Speakership, the principal or which is that once a Speaker,
he is not opposed by any party in the matter or hls election,
whether in the constituency or in the House, so long as . he
wishes to co~tlnue as a Speaker. To expect the Speaker to be
o11t or politics altogether without the corresponding convent
ion is perhaps entertaining contradictary expectations ••••••
Though a Congressman it is my duty, it would be my duty and.
effort to deal witb. all members and sections or the Rouse
with justice and equality; and it would be my duty to be 1mp
.art1al and remain above all considerations or party or or
pol1 t lc al career. w14
The all important conventional. and ceremonial head
ot' l..ok Sabba is the Speaker. W1tbin the ~1alls of the House
his authority is supreme. l'his autbority is based on the
Speala>r's absolute and utwary1ng impartiality- the main feat
ure of his o!flce, tbe law o! its life.
Presantatlon of Budget:- In respect of every f'lnanoial year,
the President callSes to be laid before both HollSes of Parli-.
ament an "annual financial statement" or the estimated rece
ipts and tile· expenditure or tbe Government of India. The
annual f1nanc1al statea~ent, otherwise known as tile 'Budget•,
11 presented in two parts viz., the Railway uudget perta1n-
1ng to Railway Finance, and the General Budget 'tlhich gives
an overall picture of the i'1nanc1al posLt1on o1' the Govt'rn
ment or India, excluding the Ra1l.wnys. Tbe i3\rlget 1s pres
ented to Lolc &abba on such day as tht' PrE>side:"tt directs. By
13 c onvent1on, the General .Budget ls presented on the last work
lng day or :t'ebruary each year at 5 P. M. The General Budget
1s presented by the nnance Hlnlster. The Budget speech con
sists or two parts. Part A dealing wlth the general economic
survey of the country. Part B containing the taxation propos
als for the ensuring year. The Budget of tile Government or
India setsf'orth the receipts and expenditure of the Govern
ment of Indta tor three consecutive years. It glve-s the act
ual ror the preceding year, the revised estimates tor the
current year nnd the Budget estimates for tile ensuring year.
F'rom the presentation of the Budget to the passing of
the Appropriation and Ji'inance DUls giving effect to the Gov-, .
ernment•s expenditure and taxation proposals contained ln
the .t)udget, members get opportunity to di.scuss the financial
policies pursued by the Government during general discuss ion
on the Budget; discussion and voting on grants; considerat
ion lllld passing of the Appropriation BUl s c onslderation
and passing or the Finance Bill. Whereas during the general
discussion on the .Budget the House 1s at liberty to discuss
the Budget as a whole or any question of principle involved
therein. During thE' general dlscosslon on the Budget; no
motion ls moved nor ls the Budget subtltted to the vote or
the House.
As per the Article 110{4) and Rules gG( 2) an1 l28( l)
1ncnse any quest! on arises whether a .Slll 1s a Money Blll or
not, the dec1s1on of the S;>enl:er to be a :Ioney Bill, he end
orses a certlflcate thereon signed by him to the effect that
lt ls :·loney Ulll, before thP. !!lll 1s sent to RaJya Snbha or
presented to the President for assent.
14
A Money 131ll ann be introduced only 1n Lolt Sa'oha.
After it has been passed by .C..ok Sabha, it is transmitted to
Rajya Sabha for ita reeo:nmendat1ons and that !louse 1s, w1th-
1n a period or fourteen days from the date or the receipt or
the BUl, required to return the Bill to Lok Sabha with its
reeom.mendat1Dn 1 if any. There have been two stances wnen
Money Bills were returned by RaJya Sailha with recommendations.
In both the eases, the recommendation made by Ra;jya Sabha,
wb.lch were of formal nature, were accepted by Lolt Sabha. Re
co:nmendat1on or President is required for the 1ntroduet1on
of a •·toney Bill. Where, however, a B1ll deals only with any
matter incidental to any or the matters specified in article
110, subclause (a) to (:r), recommendation or the President ls
not necessary for introduction or that lUll- as per tile article
117( l) or the c :>nstltution.
Proclamations:
The Constitution contemplates three types of elllergen
cles and, correspondingly, three kinds of proclamations which
the !'resident can 1ssue: Proclatnation or e111ergeney arising out
ot war, external aggression or internal d1sturbances, 15Procla
aation issued on the fllllure or the constitutional machinery 16
in the States; and Proclamation arising out or threat to fin-
ancial stablllty or credit of India. 17
If the President 1s satisfied that a grave elllergt>ncy
exists whereby the st'curity of India or any part of the tPrr
ltory thereor is threatened, vllether by war or nggrt>ssion or
internal disturbances 1 he lllay, by procla1:1ntton, malte a decln-
ration to tllat effect. 1'he following .Procla:nnt1on wns issued
on October 25 1 1~2 and loid on the tAble or the ti ouse on "l ov-
15 ember s, 1962 t "Proclamation or Emergency 1n exercise or
the pa.iers con:Cerred by clause ( l) or article 352 or the
Constitution, I Sarvapalli Rodb.akrishnan, President or Indla,
by this Proclamation declare that a grave emergency exists
hereby the security or India is threatened by external aggr
ession. S. Radhaltrishnan
President."
A Proclamation after it is issued has to be laid be
fore encll House of' .Parllament and it ceases to operate at the
exp1.ration of two months unless before the expiration of that
period lt has been approved by resolutions or both Houses ot
Parliament. I! any such resolutlOI\ is ·issued at a time when
.i.ok s abha has been diss ol ved or dlss olut 1 on or the Lok S abha
takes place during the period or two months referred to above
and 1r a resolution approving the Proclamation has been pnss
ed by RaJya Sabha, but no resolution with respect to such
Proclamation has been passed by Lok Sai:lha before the expirat
ion period, the J'rocla:nat1on ceased to operate at tile exp1ra•
tion or tll1rt;r days treat the date on which Lok. Sablla first
sits art or its reo cmst1tution, u.'l.less before the expirat 1 on
of the period or thirty days a res olutl on approvlng the Pro
clamation has been passed by Lok Snbha.
The Proclamation can also be revoked by the President
at any t1me by a subsequent Froclnmat1.on.18 While a Proclam
ation or Emergency ls in operation, tile executive power or
the Unio:t extend to tile giving of directions to any State ns
to the ::tanner in which the executive pt7t1er thereof 1s to be
exercised' and the power or l-'arl1a'!lent to :nak.e lava, durinv;
th.e periOO. ot Emergency. Arter thl' Procln:nat1on of F.:torg-
enc:r was 1ssued on October 26, 1002, an Ordinance, called
1 r• 0
the De1'ence or lndla Ordinance, 1962, was pro:nulgated by the
President on the same date to provide for special meas11res
to ensure the publlc safety and intrest, The Ordlnanoe was
later replaced by Defence or India Act, 1962. It ls the duty
of the Unlon to ensure that the Government or every State is
carried on ln accordance with the provisions oi' the Constitu
tion. 1 r the .Pres !dent' O!l l'E'Ceipt or a report f'ro:n the Gov
ernor or State or otherw!se, ls satisfied that a situation
has arlsen ln which the Govl"rnment of the State cannot be car·
ried on in accordance with the prov1s1ons of the Constttuttcn,
the President may by Proclamation assume to himself all or
any or the runcttons of the Govern::~ent of the State and all
or any of the powers vested in or exercisable by the Gover
nor or a.'ly body or authority 1n the state other tnan the Leg
lslatura or the State; declare that the powers o! the Legisl
ature of the State shall be exercisable by or under the auth
ority or Parliament; And make such incidental and consequnt
ial provisions as appear to the President to be necessary or
desirable !or giving e!fect to the objects of the Proclamat
ion, including provisions !or suspending in whole or in part
the opeoratlon or any provisions or the Constitution, relating
to any booy or authority in tbP State. This however does not
authorise the President to assu!l1t" to h1C!Sel!' any or the P""
ers vested in or exercisable by n High Court, or to suspend
in whole or in part the operation or nny provlslon or the '
Constitution relating to Hleh Courts.
\-/hUe laying a Proe l!l:not i oo 0'\ the Table, no obllgat
ion ls cost on the Governme:\t to lny also n copy or the
report of the Governor or the State concerned in cases where
the President has acted on such report. Approval or the Pr
oclamation by both. Houses or Parliament is follwed an Act
delegating certain powers to the President including the po
wer to malte laws ror the State concerned. According to Dr.
Ambedkar however, overriding powers entrusted to the Central
Government are justified on the grounds .or e01ergent situati
ons which threaten the very survival of the Stah and the
intrest of the Nation as a whole. He told the Constituent
Assembly :ltlf at all they are brought into operation I hope
1?
the President who is endowed with these powers, will take
proper precautions before actually suspending the adC1inlstr
ation o1' the provinces. I hope the i'lrst thing he will do
whould be to use a mere warning to a provl.nce that has erred,
that things were not hnppning in the way which they were
intended to happen in th.e Constitution. If that warning falls,
the second thing ror him to do wlll bE' to order an election
allCMlng the people of the province to settle matters by them
selves. It l.s only when these two remedies fall that he would
resort to this article •••••• I do not think we could than say
that these articles were imported l.n va1n or that the Presid-13
ent had actedwantonly ...
If the President 1s sat1sr1ed that a sltuat1!Y.l hns arl.•
sen whereby the f1nanc1al stab1l1ty or credit or lndl.a or of'
any part thereof 1s threatened, he may by Proclamation make a
decl.nrnt1on or r1nanc1al F.mergency.
Ordinances a If at rmy time, except when both Houses or Parllament
lB are in session, the President is sat1sr1ed that the cl.rouiiiSt
ances exists which render l.t necessary t"or h.lm to take immed
iate e.ctl.on, he may promulgate Ordinances as the circumstances
appear to 111m to require.20
Article 123(2) says that an Ordinance so promulgated
by the President hets the same force and et"f'ect as an Act or
l'arlhment, but every sucll Ordinance has to be laid before
both. Houses or I'nrllatne!tt 1 or, l.f' betore the expiration of
six weeks from the reassumbly or Parliament, or, if before
the expiration or that period resolutions disapproving l.t
are passed by both Houses, then upon th.e passing or the sec
ond of the resolut!.ons. It can also be withdrawn at any time
by the .President. The Ordinance- making power of the head or
the Executive in India can be traced to the Indian Counc1l Act
of' 1861. Before the constitution come into force, the Ordl·
nance malting power or tb.e Governor General was governed by
section 72 or the Government or India Act, li:l35. The Ordin
ance Haking power or the President has been a frequent po1nt
or discussion in Lolt Sabha, but 1t has been held by the spea•
ker that pro:nulgat1on or a!\ ordinance is in the discretion or
the President and such d1scret1on cannot be controlled 'by
the House. f
- :{otton of No-Contldt>nce 1n the Cou'1c1l or ;Un1stersl
The Council or H1nisters ls collectively respO!\Slble
to Lolt Sabha1 the responsibility 1s Jolnt and indlvidable.
However, in k.ee~!.ng "Wltn the h!.gn parlla~nentary traiLtlons 1
individual !·lin1ster have of their own accord accepted
constitutional responsibility ror, and resigned on account
or, the detective pollcies of shortcomings or the depart'mc
nts under them.
Collective responslbll1ty is assurrd by the enforce
ment of two principles a rlrst, no person ls no::~innted to
to the Council except on the advica of the Prime l11nlster;
secondly, no person is ret'!llned as a mel!lber of the Council
1r tl:l.e Prime l<iln1ster demands Ills dlsmlssnl.
19
In vlew or the express constltutlonal provlslon
regardlng collective responslblllty or the Council ot Mlnls
ters to Lok: Sabha, a motion expressing want or confidence ln.
an lndl vidual Hlnlster ls out of order; under tile Rules,
only a motion expressing want or contldence ln the Cout\c1l
or iUnlstE'rs as a body is admlss lble.
11' the Speaker holds a no-conridence motion to be ln
order, the member who has tabled the notice asks ror leave
of the House to move the motion. The Speaker thereafter
calls upon members ln ravour or leave being granted to rlse
ln their seats. .Leave ls deemed to be granted by the House
wntah. U: not less th.an f'irty members rlse, and a physical
count ls taken to determine that the requisite number or
memoers have stood ln support or the motion.
t>lhen a number of 11otlces or no-confidence motion
are received for the sn~e slttlng, and lr two or more are
held to be ln order to thelr receipt in point of time. Aa
soon as leave or the i!ouse to the moving of any motLoo. ls
~ranted, the reDlainlng motl ens, lf any, are kept pen:Ung
20 till the one to the mover of which leave of' the House has
been granted is disposed off. A motion of' no-confidence
is required to be taken up within ten days f'rOCl the date on
which the leave to move l.t l.s granted by the House.
With a view o1' seeing that discussion on the time
alloted and all groups in the House have their due share
in the d1.scusston, the speaker may prescribe a time lliilit
on speeches and indicate the ratio in whlch t1tne would be
distributed among various groups.
After the members !lave spoken on the motion tile
Prl.me Hl.nlster replies to the charges levelled against tne
Government. The mover of the motion has a right of reply.
The Speaker rorthwlth puts the question necessary to dete
rmine the decision or the House on the motion. If the House
clearly shows that it does not propose to support the Gover
nment 1f, that l.s, the Government has lost the c onf1dence oi'
the House, lt must res lgn or have the House dissolved. Dis
solution can only take place arter the President is satisfied
that 1t is not possible to rorm a..'l alternative Government fo
llowing or defeat and :resignation of a Ministry. In case
the President d1ss olves that House, the dere ated M1n1str1'
continues -1n or!lce as a Caretaker Government unt1.l the gene
ral elections, following tile diss olut1. on or .Lolt Satlha, are
over. UQolever, res1gnnt1on or dissolution would rolla.r only
where the detent implies loss of confidence. \'hat the Gov
ernlllent will treat as a matter or substantial importance on
which to resign or to d1ss olve the House 1s, primarily, a
question or the Govern:nent to decide. The opposition cnn test
21 tile opinion or the House by demanding a vote on the mot1on
or no-con!ldencc.
In the Statee, however, the position 1s dU'terent.
On the defeat and resignation or a Hinlstry, the Governor
of a State has to ascertain whet!ler an alternative Govern•
ment can be formed, and l:f' he 1s unable to. do so, he has
to report to the President and the decision will be taken
tbere on.
Amendment in the Constitutions
Unlllte many written Constitutions whlch have one
unif'orm procedure tor ef:f'ect1ng rtany cbange of any kind
in any part of the Constitution," the Constitution of India
provides tor a variety in the amending process of a feature
which has been c om:nended tor the reason that U.."li:f'orm1ty in
the amending process imposes "quite unnecessary restrictions"
upon the a:nendm.ent or a Const1tut1on.21
I!' experience shows that words used in the Constitu
tion were inadequate or inappropriate or have been erroneou
sly interpreted, ressons requires than amendment should be
made in the relevant words and the constitutional process
allowed to function in aid or the ilns1c o'bjeetlves or the
Constitution. That, 'broadly stated, 1s the reasonable con
clusia'UI a'ly student or democracy and or constitutional law
WOuld drAW !roill ttlf.' process or e.mendlllents.
'!'l'o supre111e Court and no Judiciary can stnnd in jud
geClent over tile sovet1gn. will or the l'nrllntu>!'lt reprHenting
22 the will of the enttre co:nmun1ty. Ir we go wrong here and
there, it can poin.t it out, but in the ultimate analysis,
where the future or the community 1s concerned, no Judiciary
can come in the way. And 1t it comes in the wny, ultitnately
the whole constitution 1s a creature or ParliaMnt •••••• it
1s obvious that no court, no system or judiciary can :runctlon
in the nature ot: a Third House or correction. So, lt is 111\•
portant that with. tnt.s Umltatt.on the judiciary should tu.."lct
lon ••••• ~ ultl.mately the raet remains that the Legislature
must be supreme and must not be lnterrerred with by the
courts or law ln such measures or s octal reforms. 22
Pandit Hehru observed while speaking ln the House or
tne People that "A Const1tut1on whl.cb. ls unchangable and ste.
tl.c it does not matter how good it 1s, h. ow perrect it 1s - is
a Constitution that h.?.s outlived 1ts use. It 1s 1n 1ts old
age already a."ld eradually approaching its death, A Ct.nst lt
utlon to be living must be growing, must be adoptable, must 23 be flexible, must be changeable.
The Const1tutLon provides tor three categories or
amendro.ents 1 articles wll1ch are open to amendoent by s implo
maJority; articles which requires special majority ror th.e1r
amendment, and articles amendments to which are required to
be passed by special majority and also to be ract11'1ed by
J..eglslatures or not less than one balf or the states.
In addition, there are several articles which lenva
matters subJect to l!'lliJ maie by ParUar.~ent. lly pnsslng ord
inary laws Parliament ony, in effect, modify or nnnu1' the
operat1on or certain provisions or the Constitution, tlle7
cannot be regarded as atnendments or the Constitution not
categorized as such.
In India, there ls no separate constituent body for
23
the purpose of amendment of the Constltutlon, constituent
pm~er also bt>!.ng vested ln Parl1nm.ent, Tb.e role or tile States
ln regard to amendment or the Constitution is limited.
Political Pnrtiesa
Political part1es are far older than democracy. The7
have existed nearly all countries and under all forms of' Gov
ernments though less monarchies than ln ol1garchles, ln the
letter or which thP.y have been particularly frP.quent and f1e
roe.24
In popular Governments, however, parties have a wider
extension lf not a more strenuous l1:Ce, ror where every citi
zen has a vote, wltll a duty to use it at elections, each or the parties which strive ror mastery must try to bring the lar
gest possible nu:nber or voters into lts rank, organize the:n
locally, appeal to them by spolten ar.d printed words, bring up
to the poll. B:lllots having replaced bullets in polltlcal
str1f'e, ev£>ry voter 1s supt-osing to belong to one o1' the part-
1M hosts and to render more or less obedience to its lenders.
rnough the professed reasons f'or the ex1st£>nee of' a party 1s
the pronotlon or a particular set of doctrines a~d ideas, lt
has c once rete side as well as set or abstract doctrine.
Uhatever its or1g1n, every pnrty ll ves nnd thrives by
concurrent action of four tendenc les whlcb. may be descrllled
as those of Sympatny, Imltatlon, Co:npetltlon and Pugnacity.
In countries wllicb. enjoy representative Government parties
b.ave two maln functions, tile promotion by the argument ot
tb.elr pr1nclples and carry1.ng of elections. Party splrlt ls
a force working for good or evll ln public life is a matter
which must lle left to the c 1t1zen thelllSelves. Upon them lt
must depend whetb.er 1t 1s reasonable end cemparate or voilent
and bitter. It 1s no greater a danger in democracies than
elsewhere.
There are many ways in which the development of polltl
oal parties ln tnd1a dif'i'ered from their development ln Great
Britain an~ the European continent-not the least or whiell 1s
that the struggle by parties for parliamentary institutions ln
India wes not against an idegenous wealthy, aristooratic ruling
class, but rather agalnst ali(;n rulers, thus permitting Indian
big business, the intelligentia, the urban shopkeepers, and the
peasants to join together against a single enemy. But perhaps
the single most 1mportat1t dU'ference ls that of timlng. Part
ies emerging today find ready made ideologies waiting for them,
wnUe parties of nineteenth century had to envolve their o.~n
ideologies to suit prevailing conditions. But even more impo
rtant ln the matter or timing is the fact tllat suffrage was
introduced lnt o most European o ou.'ltries gradually and after
prolonged struggles. In process of brodening the poll tical
base was n r!!latlvely slow one, in most oases allowing t1me for
VArious grou111 to adopt thecselves to ne-.t poll tical rules. Bri
tain is the classic ca:;e of the gralual entrance into pollt1ca
25 ot new group~- labour being the most recent who accepted the
basic do:aocratic trame-..zorlt. In India, as in the other newl:y
independent countries, universal suffrage hos been introduced
all atonce at a soc1et:r where intrests are nearl:y d11'ferent1nt
ed and orgnnized. There is thus a measure or unpredictab1lit:y
in the bf'hav1our of these groups and consequentlY' a degree ot
latanc:r in Indian politics. So long as these grou~ !lave not
organized themselves, they provide a fertile a ground tor
orge.n1z.(',tion by prl:rt:r leaders who seek to direct protest in
ways that will gain political benerlt tor their groups or them
selves.
Host of the Opposition parties which emerged after 1947
existed before independence, but they were largely political
gro~.tts witnin the Indian !tat1onal Congress t:u."'ction1ng in a
co:amon cause as a part of national movement. The national mov
ement 1tsel! passed through three stages or developmentt first
it WllS a pressure group, then a national lllovement and, finally
a pol1t1cal part:y.
!'ioarly every Indian Party has been subjected the factio
nal d1s ~utes or s pUts, and E>ven within the CO!\gress there has
been !aet10'lal disputes 1n virtually ln every State. The dis
pute w1th1n the Congress have rnost frequently been between the
Chief .11n1sters and their supporters in the State GovE>rnrnents,
on th!l one hand, a:ld, on the other tht> President's or Pradesh
:::ongress Co1lillittt>es and their !oll""t>rs, who CO!\trol the party
organization. :.TcY tllere is an open spllt 1n tht> org11nlzation
and k!l(Joln as Indian ~nt1onal Congrt>ss nnd Indian :lntlonal
Congress ( Opp01Sit1on). Aoong tile loft parties, fnatlonal
disputes are so ClUCll a rnatter o1' course tnat only when a major
spllt oc:curs do newspapers botner to report the event in 1954,
i'or example, there was a.notner spllt ln the l1arx1.st Forward
.Bloc:k. The R. c. l'. I has also been torn by factional disp
utes. In 1355 the l'. s. P. was spllt by the withdrawl or
Rarn Manohar Lohia and Ills supporters, who formed a new s oc1a
llst !'arty. Again there was a e1erger in June, 1964 and formed
Sarnyukta Soc:1al1st Party and onwords there were a split in
January 1965 and the P.s.P. revive the units. In 1364 the c. P. I. raced the open spllt a'ld a new party was formed which
is known as c. P. I. (H.). The Hindu Co:nmunal groups have been
no less subject to isms. In the latter part of 1954 there were
reports or grwing di.fferences between the R.s .s. memoers or
Jan Sangh and non R.s.s. mee1bers. The Hindu Hahasabha has also
be ridden with the ract1onal1so.25
In addition to these, a large number or parties which
were existence before the general elections than won sents,
but even the number which won seats in impressively high. In
the House or the People alone some twenty three parties are
represented, and above fifty parties, including most of those
with seats in Parliament. A few of these parties merged with
others, and most of them retain their independent status.
Other oay yet merge and still other may be eliminated by the
electorate 1n subsequent elections.
Party s;,'Ste:n is an 1ntegrnl part of thl' pnrl1a:::.onta
r1 rorn1 or Govern:nent. J;aring a !e1o1 111eobers vho !:lay not be
attached to any party, most oembers of Parliament have a dual
47 capacity; they represent a constituency and a party. !rhere
1s always a party in pl7tler and a party or parties in oppos
ition. In tile Central Legisla.t1ve Assel!lbly tb.ere was noth
ing to correspond to pnrty systell\ as th.e expression 1a resp
onsible to tile H?us~. The parties were to be rou.'ld only in
opposition; there w~ no party 1n p011er as s uoh. !rhougb.
the moderates were returned to the nrst Assembly in 1 prep
ondering nu:nbers 1 , they did not rorm any 1 parmanent party
d1v1s1on•.26
Arter the second elections in 1923 1 a •eo:npact d1s
c1pl1ned and well organized' Swaraj1st Party was formed 1n
tb.e Ass~mbly by two Congressmen, c. R. Das and tlotllal Nellru.
It was, he1o11ever 1 in 19271 that there developed !n the third
Assembly, !or tile tirst time, something like tb.e distributi
on or the greater part or the elected members into organized
groupsa the Swaraj1st, Independents, the N'atlonal!sts, the
Central Hoslem Party, and the European Group.
The year 1934 was s1gn11'1cant Dot only because of
the resuscitation or the old SwaraJist Party but also for the
formation o! new Congress Nationalist Party. The Congress
Party 1n the Assembly acted like a machine. Once the party
dec1s1on on a question had been taken, and working with
consuaate sk1ll lt functioned as an effective parl!a:nentnry
oppos1tion.27
Members or th!' Congress Party boyo ot ted attending
the Central Assembly in 1939 in response to a resolution passed
48
by th.e Worl!:.ing Cotrunittee ot tb.e Congress Party. It has onl7
in 1943 th.at th~ Congress Ulembers returned to their seats 1n
tho Assembly. An important event in the party systerll in the
Central Legislature was an understanding between the Congress
and the Muslim League ln 1945, born out or a common d1sllke
tor the Government. When the election so long delayed owlnc
to the war were held in 1945, the newly elected legislature
was a changed Assembly altogether and partly alignments became
clenr and well defined. fhe Opposition had ~he maJority and
c ouJ.d and did defeat the Government on many issues, so long as
the Congress and the Huslim League could combine.
It was only when India becawe independent that there
cawe into bel.ng the parliamentary form of Government with the
Cabinet responsible to the Legislature, a party in power and a
number of' political grOIJPI in Opposition. Party system 1s
still in a f'orttlatlve stage in India and a str1king feature
about elections in the psrtielpation therein of a plethora of'
pol1t1cal parties. Xhe strength or the political parties in
the House 1n the rtrst session or the Lolt Sabb.a a!ter eneh.
general electLons is shcwn 1n the tables.
Democracy on proper lines, re=ark:ed speaker 1-lavalankar,
will nevP.r crew, pon1bl:Y not more than two maJor parties,
wll1cb. call almost balance each other as the Government and the
Oppos!tion. W1th a view to discourag1ng multipicat1on ot
parties and grcwth or splinter r;rou~, he laid dcwn general
principles ro. which recognition can be to political parties tot
their parlla~:~entnry work 1n the J..ok Sabha.
29
Tablo - l
P.Alt TY POOl TI O;'l IU i'Ht. LOK SADHA AFTER THE GE~~F.RAL EI.ol':CTI eNS,
Parties 1952 1957 1962 1967
Ind1an N~tS.onal Congress 364 371 358 283
Corn:nu.r11st Part7 of India 16 27 29
Colll!Ilunlst Party of India (Marxist) -- -- -- 19
BraJa Soa1al1st Party 12 l2 13
Salllyukta soc1al1st Party -- -- -- 23
Swatantra Party -- -- 18 42
Btlart1ya Jan Sa.r1gll 3 4 35
Tab
ll'!
-2
}!lT
'RS
ro J;
J."m
BX
PA
JU'l'
RS
un;;-
nam,
u. 1
96
7
1962
Iit
'U!IO
o
t fl
O.
%
tb.
:&.
uo.
Part
y
Vb
teB
V
ote
s P'l~d
fOll
ed
Co
ng
reo
s 5
9,5
31
,42
5
40
.82
5
l ,5
09
,08
4
44
.73
5
7,5
79
,50
0
Sln
tnn
trn
1
2,4
58
,54
7
8~
9,0
85
,25
2
7~89
.. c!
p. I·
7,l
5l,
04
9
4:0
0
ll. ,
45
0 ,0
07
9·
911
~0,754,Q75
c •P
•J;•
W)
6,5
07
,32
3
4:4
6
--
-;;r
. s:
-1
3,5
45
,12
0
9-2
9
7,4
15
,17
0 6~
7,14
9,13
24
p.
S•
p.
4,4
89
,28
9
3~8
7,0
08
,34
5
6.a:
'. 1
2,5
42
,66
6
s. s
. p
. 7
,12
9,7
83
4
·89
-
--
H!I
P•
3,6
88
,79
1
2.5
3
3,2
55
,08
5
2.8
3
-O
ttt!
rB
Ind
. 3
1,3
47
,59
9
21
.49
4
4,6
05
,01
7
21
.36
3
2 ,4
f17
,?5
7
1'0
tnl
l.4
5,8
48
,92
6
10
0.0
0
ll5
,1sa
,eoo
l.O
O .0
0 l
.20
151
3 ,9
15
1.95
7 ~ vo
tes
,;o
lled
47
.78
- 8.9
2
- 5.9
3
lOA
J. - -
26
.96
10
0.0
0
fio
·
47
,66
5,f
!75
-3
,48
4,4
01
-3
2,4
62
88
- - -51
,54?
,931
10
5,9
14
,49
5
19
52
~
Vvt
eB
p
:)l.
led
44
.99
-. 3.2
9
- 3.0
6 - - -
48
.66
1.0
0.0
0
~
c::
31
Table - 3
BREAK-UP OF SEA'lS PARTY'•'ISE
1967 1962 1957 1952 Name or Party L.S. J...A. L.S. L. A. L.s. L. A. L.s. L.A.
Congress 283 - 1694 361- 1772 371- 18;)3 364 - 2246
Swat antra 42 - 057 18 - 166 - - - -c. P. I. 23 - l23 29- 153 27 - 161 16 - 106
c. P, I .(M) 19 - 126 - - - - - -J. s. 35 - 260} 14- ll6 4- 46 3 - 35
P. s. P. l3 - 10J. 12- 149 19 - 195 - -s. S. P. 23 - 177 - - - - - -Repu. 1 - 21 3 ll - - - -Others 39 - 289 29 197 ~ 73- 611 106- 893
) Indep. 42 - 426 28- 291 )
Total 520 - 3486 49<l - 2855 494 - 2906 489 - 3280
•} ') .;..,
An ass oc1atlon or members who propose to rorm a Pnrl-
1amentary Party 1n Lo.lt Sabha must satisfy tho rollCMlng req•
u1site conditions 1
(i) Xhey should have a dlstinotlon ideology and pNgramme
of work whether ln the politloal, eoonomlo or soolal tleld,
which was a.l'\nounoed by them at the time oi' general elections
and on whlcb. tb.ey have been returr.ed to tb.e House. Tiley
should form homege:neous unlt capable or developing lnto well
knit entlty.
(11) They should have an organlzatlon both lnslde and out-
s1d.e the House, which ls ln touch wltll tht> · publf.c op1n1on.
( iU) Xhey "'ould at least be able to command a s trengtll w hie h
would enable them to keep tile House, l.e. thelr number should
not be less thN'l the quorum fixed to constitute a slttlng of
the House, wlllch ls one tenth or th.e total memberslllp.
A political party, having represantation ln Lo.lt Sabha,
whlcll satisfy the two cond1t1ons but fall$ to command the re
quired mlnl:nUlll strength, vlz. one tenth or the total me:nber
slllp of tile House 1s reo ognlzed as a Parllamentary Group, pro
vided lts melllben:hlp 1s atleast 30,
In tile flrst Lok Sablla tile Co:a:nunlst Party was rPcogn
lzed as a Parllamentary Group ln the Hoi.Se. In Aug. 1954, heM
ever the group last recognltlon when lts meobnrshlp droppad to
29. In tile Second Lo.lt ~ ablla no group of members was ree ognL
zed as a Parllamentary Group ln the House. The Coll1:nunlst
Party cons 121 t lng of 34 me:nbers , was re.: ogn1zed in thl' 'l'hlrd
Lok S a'bha as a Parliamentary Group. The group, ho.r~ver lm t
lts recognition in September 11}64, due to split in tile Com
munist Party. In Fourth Lok. Sabha, the Swatantra Party and
Jnn S angh were rec ogn1zed •
.Leader of tne flous ea
nte Prime Hin1ster, wno is the leader of tile maJority
party in Lok Sabha, usually !unctions as a leader of' the
House. Tile position was nwever changed in January l9GG,
af'ter the appointment of the new Prime l1in1stt>r, wb.o was a
member of' J:(njya ~;nbha. This r.ecMsintnd the appointment of
a separate leP.der or the House in Lolt Sabha. The leader of
the Howe exercises direct tnfluo'l.ee of tile course oi' bust
ness. The whole polie:r or Governlll~!\t spe~i,.lly so far as 1t
1s expressed iu the inner life or the House and measures
dealing with the course or its business, 1s co:1eentrated in
his personallty. Tile responsibility or tile lead,~r of tile
House 1s not only to the Govern:nent. and its suppor·ters in tile
House but to tile Opposition and the House as a whole. lie
maintains l1asion between tile Government !'lrtd the Oppos1t1on
groups in the House.
Leader or t be Oppos it 1 on a
In a.'ly system oi' Government tllere w1ll alwa~ be a
struggle for p011er. Those who are net 1n o:i'r1ce will const
antly tr)' to OU3t those wllo !orlll the Government for the time
being. The Parl1a!:lentnry systom or Gov!'rnDll'!rtt struggle !or
p~Jo~er on tile :i'loor or tile llous e by rt>e ogn1:1:ed parl1a:nent ary
methoclJ. One or the biggest parl1n=entnry acf,ieve111onta o!
the present century is that the role of the Opposition has
"been recognized and has been given a due place in the Parli
amentary system. The leadel' of the Opposition 1fl thus an
important person. He 1s a shad eM Prime !Unlster and he has
to be prepared to take up the responsibility or 1'or111ing a
Government 11' his party secures a maJority at an election
or 1i' the Government resigns or is defeated. Thollgh he may
criticize the Government vehemently of' the floor o.t' the House
and outside in the co11ntry, "but a"broad he defends the policies
oi' the Government.
11An Opt>ooition can pursue a Government •..r1th sustained
criticism ~'lcl keep t.ei'ore the voters, betve"n genE>ral elect
ions, the options that vill eventually coni'ron the:n. 1128 Tile
in!'l'-!ance of the Opposit!on over the fo1•mulaticn of the Gov
ernment policy is not nagathe; though ole ourse, once a Gov
ernment has firmly decided on a course of action, no Opposit
ion 1s llkely to be able to !oree a cne,nge 11nless witn the
aid of the governing part:r•s Olin "bacltbenehers. The OppOB1t1on
pol1c1es and. uttera_r\ces are not always directed at vote wtnn-
1ng in the next ele.::tlon but s o::ne ti:nes at trylng to influence
as a s1tuat1on 1Cl::led1ately, or sim{JlY voicing the reael:!ons or s u._ porters.
It Ls a vitnl i111portenee ror ttl~ pol1t1eal health o1' tile
nation that thoro should be, ln every moment b(> seen to 'De a
credlta"ble alternative Government read7 and 'WRlting to take
over. It 1s not enough for an Opposltlon to work for p~er l!l
the next Parliament by diminishing conrldence in the present
Government, it must work to pursuo.de the publlc that it la
creditable alternatlve in the present by behaving responsiblly.
Yet/1rres pons ibll1ty1 1s also, · !l damaging charge agalnst any
Opposition and, 1n particular, its leading spokesman must often
speak with circUI!lSpectS.on about tb.e critical 1ssues.
F.ven 1f a Government 1s grossly mishandling the nation's
artalrs, an opposition stands no chance of taking over unless
it looks like an attractive alternative, and 1t ca.'l. only pres
ent that appearance inside tile House of Commons. •Tne purpose
ot the party s~tem in a democracy 1s to make Opposl.tion resp
ectable.•29
Detore the middle of the seventeenth century, most pub
lic men in England attacked any sign of the growth of parties
•ract1ons • as tlley were called. By the end or eighteenth. cen
tury, largely under the influence of people like Edmund Burke,
who defended the 1dea of party 1n a well known treaties. Party
1s a bod.y or men un1te1, for promoting th.eir joint endeavours
the national intrest, upon some particular pr1nciple in wh1ch.
they are all agreed •••• It 1s the business of the speculative
phllosoph.er to 111ake the proper ends of Government. It 1s the
business or the politician, who is th.e ph.llos opher in actlon 1
to f'ind out proper means t ~ ards those ends, and to employ
them with ertrot. Therefore every ho!'lourable connection will
a h<* it 1s there t1rst purpose, to pursue every Just method
to put the men who hold their opinions into su:h a condition
as as may enable them to carry their col!llllon plans into execut1on.30
During the nineteentll century parties were given org
anizational rorm, 1'1rst on a loaal bas 1s a'ld later natl onally •
.But tile time the twentletll century dawned the party system
bad come to be recognized as a vital element or JJr1tisll parl-
1amentarr demoor~y. In the !!..nal !l.'lalysis the party systf'm
seems to be inevitable 1n a demoarat1c society. 'the system
1s not fixed and static. It is merely a convenient device to
enable majority to have the1r way and the m1norl.ty to have
their say. 'the secret of making tbe system work 1s to knOll
when to put into cold storage.
strict party alignments and tne c ond1t1ons, tile Oppo
sLtion can not tarn out tne Government. The Govern:nent can
loCI!le its party major1ty 1n one or two ways only, by a gene
ral election. or by a party split. An Opposition never hes1-
tates to put a i'lnger 1nto any crack 1n the party i'rolll agai
nst it. the OppCI!litlon does not expect to be able to 1'oll011
'Tierney's' advice and •turn out the GovernE!lent' by its vote.
It hopes to pursuade the i'loating vote to do so at the next
election. It 1s the !unction or the Government so to mould
its policy and to Eila.'lages its rorce that it never runs tbP
risks or def'eat. It 1s recognized that a defeat 1s da111aging
to its prestige, a'ld 1t 1s tbe purpose of' the Opposition to
shaw tllat 1t could manage tile af'fairs or tile nat1on such
move competently. 'Ihere is less lau or prest1ge in 'With
drawing an unpopular proposal than 1n being beaten on.
Parliamentary debate 1s, llowever, only one or tile
instru:~ent of' the Oppos1t1on. l'he Oppos1.t1on 1s a party
outside the :louse of' Commons as well as inside. there is one
feature of' Opposition which has llttle connection wlth the ele
ctoral process. The importance of' Parliament as an instrument
f'or the redress of' individual grlvances. On suchlSsues, 110111-
ever the 1ebatll rarely runs on pr.rty lines. The task of' tile
Opposition is not merely to see that such of' the Government's
proposals as are objootlonable are opposed by volce and to
vote, to secure concessions on Government's Bill, to compel
the Government by all methods of' propaganda to modify its
general policy, and f'lnally to create the necessary public
opinion against tile GovE~rnment !or the next electl O!lJ it m~St
take part also in the actual process of parliamentary Govern
ment~l
Af'ter seventeen yenrs oi' f'reedom, India today does n.ot
posses an Opposition ln th.e sense 111hlch it ls understood ln.
the West. As the term 1s used here, nopposltion" slgnlf'les
an organized group whlch 1
(a) of'rers constructive cr1ticlsrn of' Government pollcles
while subscribing to dee~ocratic values and pract1ces l
(b) is ln a position to provide alternative pollcles to
those of' the party 1n paierJ
(c) llas the necessary lnf'luence and organizational stren
gth both at the State and National levels to make its prese
nce 1'elt ln the political lifo or the c our1trn and
(d) has co!!lpetent and clean leadership whlcll not only pre-
sents a superior 1cage but also has the capacity to assWie
tile reins or power when callei upon by the electorate to do
so.
Used ln these sense 1t becollles llll:ll~dlately apparent
tb.at not one a! the Oppcsltlon parties ln the country can
lay cla1ms to being a genuine "Oppcsit1on~32 It 1s hardly
possible to say about the nature or functions or the Oppo
sition 1n the Legislature in India since owing to the pecu
liar array, and strength or parties, an Opposition in the
English sense has not been built up in this country during
tb.e short working or the Parliamentary system under its
independent Constitution. The primary reasons for the ab
sence or a united Oppcsition is the marked dli't'erence ln
ideologies between tile various minority parties whicll range,
1 from the extreme left to extrellle right. •33
Tile need for an organized Opposition has, h~Yever,
been felt by many pol1t1c al leaders 1 inc lu11ng those of the
ma3or1ty party.34 "No Government demands so much rro111 the
citizen as Democracy and none gives so much back. Any free
people that has responded to the call of duty and has come
out or a terrible ordeal unshaken 1n courage, undlm111ed the
vision, with its vital force still frtt.sh and strong, need
not !ear to face the ruture,35
Indian ~at1 onal Conr,ressa-
It began as a soolal and cultural than a pol1t1cal
l!lovement ln the year 1835. Only Ln 188~ dld lt glve 1tsel!
a !orillal Coostl.tution. Its outloolt1 wrote two blstorlans 1
"was urbn.'l rather than ruralJ lt had no organic connection
v ith peDS ants, lab ourttrs or c OlL'ltry trn:iers •••• l'he great
maJority of those who attended the Congress were lawyers,
teachers or Journallsts, that is to say, they belong to
the three new profession which had grc:Mn up under .British
rule I a few Engllshmen or So otmen gave substantial help
in the early stages; the prooedul.'e was meddled on English
practioa; and the movement may JustU"y be dt'.scrlbed as
an attempt to influence the Government within the existing
Constitution."
By the end of First World Vlar the Congress trans
formed ltseli' into a militant political organization. and
set before itseli' the task of llberating India !'rom fore
ign rule. Un.tll the 1920's the urban lntelllgentia which
dominated the Indlo.n National Congress had llttle communi
cations with the masses of the country. '
As a nation wide nationallst movement, the Congress
brought together a wide assortment o1' groups from business,
labour and the peasantry. Only colll!llunal considerations we
re able to substantially divide the national ll!ovement 1 witb.
the Husllm, SUms, Anglo-Indians a:1d Parsees mal.ntaining
their Qlln organizations to. a:t on be hall' or tnelr a o:n:nun1-
ties. With the achieveii1ent oS: independence in 1347, the
obJec:tlves or the Congress had to be restatool. For, nither
to, the primary objective or the ?arty was India's politi
cal freedom • .Du.t the rreed001 would have beco:ne llleaningless
without the eo onouio pras parity of the nat 1 on.
According to Party's conception or the social orga
nlz.ntion inevitably lends it to the ostnbllsh:nent or a
•secular State• in whlch every indlvl.dual !lave equal rights
and opportunities, and the removal or oarrlers whl.eb may
divide the people into opposing groups on tile bash or reli
gion, caste, class or regioti. Further it accepts the imper
ative necessity or planning for the development and advance
or various aspects or national llre and activity.
Commu.'\lst Party oi: lndh a-
Founded in 1924, the communist Party or India was an
illegal body till 1943, ln that year it held 1ts First Party
Congress ln Bombay.
40
:rtle attitude o1' the Co:nmunlst Party towards tile Second
1rlorld 'Tar led to the removal Of the Commu.'lists from tile A.
I .c.c. in Decetllber 1945. Its attitude was not clear 1n the - 36
early stages or negotiations for transfer o:f.' pa.t~er ln India.
On the eve o:t: lndepondance, the CPI declared that lt
would "Join the day or national reJoicing" and would place it
self" shoulder to shoulder with the national movement tor the
:f.'Ull independence~ 37
In Oot., 1951, the All India Party c on:f.'erence approved
tile Dra:f.'t Progra;n:ne and the statement o:f.' the policy of CPI •
In Draft Progra:nme the C.P.I critlclsed thE'J foreign policy
o! India as "subervient to British imperallsm." Xhe party
changed its attitude, after 1954 when India and Sovlet Union
co:ne 1nto close co-operation.
Co:n:nunlst Parh of Indio C;.{arxlat) a-
Chl.nese aggresslon gave a serve blCM to the Indian
41 peopl.e. The whole natlon rose up like one man. The rise of
Indian Nationallslll posed a great threat to International Comm
unism. A large section or the IndLan People demanded alignment
wlth western Pa.~ers and severel.y c ondelllned the Communists and
neutral.. c ountrles :for not dlstlngulshlng between the aggressor
and the aggressed. The people demanded a total ban on CPI.
They noticed that they have become very notorious ln public
eyes and it w a.s very dii'!i.c ult 1' or t nem to work on their pr og
ram:ne i'or volle:1.t revolutlo!l. So they decided to blturoate a
mook ritt in the C.PI, taking advantage to Sino-Soviet feudS.
Thus, by saorli'icing one part of the Party and branding it es
pro-China.
To illake the rlt't look genuine, tile CPI National Council
sus{lended 32 members or the Council in April., 1964, who had been
loudly pleadlag i'or China 1n the past.
On April 9, 1964, the Communist Party of India apparent
lY !i!pl1t into two grouiS the Right and the Lef't. A separate
Conf',rence of' tne Lei't Communists was called at Tenal1, in July,
1964
Praja Soolal1st Party of Indin1-
The PraJa Sooi~tllst ?arty was born after the f'lrst Gene
ral Elections as a result or the merger of' tho former Sooiallst
Party o! India and tho K. H. P. P. Both these parties vere tile
prod~~:ts of' the union o1' different grouiS or diss ldents tr0111
tile Congress Pnrty, who left 1t i:n:ned1ately nf'ter the o 0011ng at
independence. While tb.e Soalallst .Party WOS CO::lposed of 1deolo
g1 coder ate lef'tlsts who stood 1' or the establls h:nent of' dPC100 ra-
42
tic socialism or India, the K. J:.f. P. P. me111bers clai111ed
to be true Gandhian who stood for the ideals which Gandhi
propagated. Neverthless, the tact was that there was hard
ly any tunda111ental dU'f'erence between the two parties. Soon
arter the elections, in Hay, 1962 they decidPd to establish
a political alliance with a view to give a markedly greater
c onere nee to the non-Co:n:~unist Oppcsition.
Samxultta Socialist Party •-
~lle na~ Socialist Party formed by the merger or the
Praja Soc1aUst Party and Socialist Party, was christened
Samyultta SociaU.st Party on June 6, 1964.
At the first Conference or the new formed party ca~led
at Varanashi from Ja'luary 2:1 to I<'ebruary.l1 1965, a Sillall
section. of' tile roriller Praja Socialist members quit the SSl'
to revive the HiP.
l'he Party alms to achieve, by democratic and peaceful
111eans, a Socialist Society, free !rom social, political and
econo~nical exploitation of' man oy man and nation by nation.
The Party will organise, guide and lead peaceful re
volutionary class struggles, mass move~nents and civil dis ob
edience I promote c onstructlve ei"rorts J and also use parlia
mentary methods to secure political pe14er in ordl'r to elimi
nate aU !or::s or inJustice and fetrlal capitalist explo1tatl.on.
Bhart1ya Jan f>Rnghz-
The hkhll .Uhartiya J nn .:. angh vas r ormPd in rt ew Delhl
at a con vent ion attended by 500 delegates i'rom dltferent
parts or Ind1a. The Jan Sangh came into existence on Oct•
ober 2, 1951 as a "rightist" party in c ontradictlon to the
then existing opposition parties, whicn' were, by and large,
"leftist". The BJS previously functioned on a purely pro
vinclal'basts. Dr. Shyatna Prasad MukerJee, who was i'ormely
Pres ldent or All I ndla Hindu Hahas abha, was unanimously ele•
cted !>resident or tile new organization. Later he joined
the Union Cabinet in 1947, but resign.ed in April 1950 as a
protest against what he considered to be tile lamentable
lack or in1t1at1 ve and t1r:nness ln the Government's tackling
or tne problelll or the m1.nor1t las in Pakistan.
Swat antra Party :-
43
The formal decision to establlsll the swatantra Party
Was made public ln Madras on June 4, 1959. The date or JU!'le
4, 1959, 1s signli'lcant prlmarlly because it pest-dates tile
Nagpur Resolution, and Hadras 1s important primarily because
it suggest a south India.'l origin.
Commenting on the birth or swatan.tra, one writer has
argued that 'in one sense tills was not tne e111ergence of a
new pol1tical former, but only the regrouping of tne conser
vative elements in Indiar; Scciety wllioll are making tbe:nselves
felt 1n the working or other parties e!U'H~r. •38
' During the period o1' 11}50 to 1952 pr1 or to the First
General Blectlons, tnere was only evacuee probll!!ll and the rel
ation in the 1nt ernatlonal fleld wnre llmit ed w lthin I ndla
and Pakistan mainlT•
••