Blue collar refers to a group of people, particularly those who labour in the workforce. Working-class people are referred to as blue-collar workers. They are often paid by the hour or through piecework and perform manual labour. Due to the darker-coloured attire these labourers wore, the moniker was coined. These include the manufacturing, maintenance, mining, and construction industries. The view that people in blue-collar jobs are less educated, less skilled, and belong to a lower social class is evolving.
blue-collar employees, such as those in mining and construction, would dress in darker hues to hide stains, the expression first appeared in print in the 1920s. A person whose line of work requires performing a sizable amount of manual labour is known as a “blue-collar worker.” These workers are typically engaged in a variety of professions, including oil fields, construction, manufacturing, hygiene, custodial work, and technological installations.
Blue-collar worker refers to workers who engage in hard manual labour, typically in agriculture, manufacturing, construction, mining, or maintenance.
Blue-collar workers typically work outside of offices (on a production line, a building site, driving, etc.). To carry out their jobs, they rely on their hands and bodies. Construction workers, machine operators, millwrights, assemblers, and truck drivers are a few examples of blue-collar workers.
Some examples of industries with a lot of blue-collar jobs include the following:
1. Foodservice
2. Technical installations
3. Custodial work
4. Sanitation
5. Manufacturing
6. Construction
7. Firefighting
8. Retail
9. Warehousing
Most blue-collar workers are paid hourly wages, though some of them get paid per project or receive an annual salary. Blue-collar jobs often don’t require any college degree. A high school diploma or General Educational Development (GED) certificate is usually all that is required for this kind of work.Â
Blue-collar positions usually offer on-the-job training through vocational schools or apprenticeships. Some higher-paid, more specialized blue-collar positions also require individuals to have certifications or technical skills.
What’s the Difference Between Blue-Collar and White-Collar?
Manual labor is required for blue-collar positions, which pay hourly. To conceal the residue or grime that arose from their jobs, workers historically donned blue or black garments. It’s not the case anymore, despite the fact that historically they required very little training and few skills. Many blue-collar workers have advanced degrees, are highly skilled, and make good salaries.
On the other hand, white-collar employees perform their duties in an office or boardroom. They were typically dressed in a suit and tie and held positions in administration, management, or clerical duties. Instead of being paid hourly, they are compensated on a salary basis. These positions typically demand more training and expertise.
Several presumptions that support the rule of law and guarantee justice are used to interpret statutes. Understanding the legislative intent underlying the enactment of laws is crucially dependent on these statutory interpretation presumptions. Interpretation is a process through which one arrives at the true and correct intention of the law-making body which is laid in the form of statutes. This helps in finding out the intention of the author. And to ascertain the intention behind a legislature there are certain presumptions as to statutory interpretation.
First, there is the presumption of validity, which holds that laws are presumed to be legal unless proven invalid if they are adopted within constitutional bounds. Second, unless clearly stated differently, the territorial operation presumption restricts the application of an act to the territories of the nation in which it is passed. Thirdly, the presumption against removing a court’s jurisdiction underlines that interpretations should not arbitrarily revoke a court’s jurisdiction unless the statute expressly and specifically intends it to do so. Last but not least, unless the legislature clearly states differently, statutes are generally intended to have an impact on future acts or events rather than retroactively affecting past circumstances.
Presumption of Validity / If language is plain, consequences to be disregarded
There is a presumption that laws are valid and do not contravene the Constitution while interpreting the law. The terms and spirit of the Constitution should not be violated by-laws passed by the Parliament, State legislatures, or their subordinate authorities. When two interpretations are feasible, one of which maintains the legality of the statute and the other of which declares it void, the interpretation that upholds the constitutionality of the statute should be used.
A law that has been enacted is presumed to be constitutional. A violation of constitutional restrictions must be shown before a law can be deemed unconstitutional. The court presumes the legality of a law passed by an informed legislature until it is contested.
When statutory language is open to alternative interpretations, the law should be applied in a way that preserves its constitutionality and dispels any potential concerns. The principle of harmonic construction, which is applicable to both bylaws and constitutional amendments, is this one.
The constitutionality of the “Rajasthan Nathdwara Temple Act” was contested in the case of Govindlalji v. State of Rajasthan. A significant problem was how the Act’s Section 16 should be interpreted. To ensure its constitutionality, the phrase “affairs of the temple” in that provision was tightly interpreted to solely pertain to secular matters. If a broader interpretation had been given to Section 16, it would have violated Article 25 of the constitution, which guarantees the freedom of religion and the right to manage religious affairs.
The Territorial Operation of the Act is within the CountryÂ
Acts of parliament generally apply within the boundaries of the nation in which they are passed, unless specifically indicated otherwise. Parliamentary legislation is enforceable only within the nation’s borders and has no extraterritorial effect.
However, Article 245(2) of the Indian Constitution states that no act passed by parliament may be invalidated because it has extraterritorial application. Courts are required to uphold such laws. For instance, the Indian Penal Code, of 1860, has extra-territorial application. Section 3 states that any person bound by Indian law who commits an offence outside India shall be tried in India as if the offence was committed within the country. Section 4 further extends the application of the IPC to offences committed by Indian citizens in any place outside India or by any person on a ship or aircraft registered in India, regardless of its location in the world.
In India, state legislatures have the authority to pass laws that apply to the entire state or just a particular area. These laws do not operate beyond the borders of that specific state; they are only valid there.
Two elements must be taken into account in order to create a territorial connection:
i) Rather than being illusory, the territorial relationship should be genuine and realistic. ii) The Act’s liability that is being enforced must only be connected to that geographical link.
The Supreme Court declared in Ajay Agarwal v. Union of India that the crime of criminal conspiracy is regarded as a continuing offence. Therefore, it makes little difference if the activities that make up the conspiracy are carried out in Chandigarh or Dubai. Under Section 4 of the Indian Penal Code (IPC), which permits the extraterritorial application of the IPC, the offence may be tried in India.
Interpretation That Takes Away Jurisdictions of Court Must Not Be Enforced
In statutory interpretation, there is a presumption that unless it is expressly stated in the act, an interpretation of a law that limits or eliminates the jurisdiction of the courts should not be put into effect. There is a strong assumption that civil courts have jurisdiction over civil concerns in both civil and criminal trials. It should not be assumed that civil courts are not subject to their jurisdiction. This presumption is founded on the idea that everyone who seeks justice should be able to access the courts and that the existing legal system should be preserved. The interpretation of laws that grant authority to inferior courts, tribunals, or government organizations should be stringent. The jurisdiction of ordinary courts of judicature is not taken away until the interpretation of a statute makes it evident that the legislature intended to abolish the authority of the courts. A statute that confers jurisdiction also implicitly grants the authority to carry out any actions required for the statute’s execution.
It is generally assumed that civil courts have the authority to consider all civil cases. The exclusion of civil jurisdiction must be made explicit or impliedly essential. In general, courts have jurisdiction over civil matters, and the burden of proof rests with the party who claims that civil topics are excluded from this jurisdiction. Civil courts have the authority to investigate whether the terms of the statute have been followed by tribunals created by the statute, as well as whether the specified legal procedures have been followed in circumstances where the jurisdiction of courts is excluded.
The Supreme Court ruled in the Provincial Government of Madras (now Andhra Pradesh) v. J.S. Bassappa that the exclusion of civil court jurisdiction should not be easily interpreted. Civil courts nevertheless have jurisdiction even though an act’s provisions give the orders of a specific authority finality because the act’s provisions have not been followed or because the statutory tribunal did not follow the rules of judicial procedure.
Prospective in the Operation of Statutes
According to its dictionary definition, the term “prospective” in the context of statutes refers to the application of laws in the future or as of the statute’s effective date. The Supreme Court of India first applied the doctrine of prospective overruling in the case of I.C. Golak Nath v. State of Punjab (A.I.R. 1967 SC 1643). The Supreme Court ruled that the Parliament lacked the authority to alter basic rights in this case.
Chief Justice Subba Rao questioned how Parliament could repeal a basic right even with a two-thirds majority if it couldn’t do it by passing regular law, even with unanimous consent. He contended that Article 13(2) of the Constitution’s definition of “law” encompasses both common law and constitutional law, as well as amendments.
The state was not permitted to change the constitution in a way that would limit or weaken basic rights, in accordance with the court’s interpretation. The court ruled that this rule would only be applicable going forward, with no consideration for the past. We now refer to this idea as “prospective overruling.”
In the case of Gramma v. Veerupana, it was observed that Section 8 of âThe Hindu Succession Act, 1956â applies to the devolution of property of a Hindu male who dies intestate. The Supreme Court ruled that the Act is not applicable to successions that occurred before the Act came into operation, which means it has only prospective operation. In other words, the Act does not have a retroactive effect on successions that took place prior to 1956.
Exceptions to Prospective Operation of Statutes
Adjunctive statutes, usually referred to as procedural statutes, do not create or grant new rights. They deal with procedural issues and are typically assumed to operate retroactively, which means they may be applicable to situations that occurred before the passing of the statute.
Retrospective operation refers to a law’s ability to affect actions or situations that occurred before it was passed. A statute may be expressly or implicitly deemed retrospective by the court. Existing rights or responsibilities should not be harmed by the retrospective application, though.
The prospective interpretation is typically favoured when a statute provides for both a retrospective and a prospective reading due to the assumption that the legislature did not intend to inflict injustice. Unless there is a clear legislative purpose to the contrary, statutes are typically believed to apply to events or conduct that took place after their adoption.
Procedural law changes frequently have a retroactive impact. Retrospective operation is also granted to declaratory acts that define a statute’s scope and implications. These actions seek to clear up any confusion and correct judicial errors.
In Balumar Jamnadas Batra v. State of Maharashtra, the SC held that Section 123 of the Customs Act, 1962, which dealt with the burden of proof, pertained to procedural matters and thus had a retrospective operation. In Reliance Jute and Industries Limited v. Commissioner of Income Tax, the SC stated that while interpreting taxing statutes, the law in force during the relevant assessment year should be applied unless there is an express provision or clear intention suggesting otherwise.
Conclusion:
The legitimacy, geographical operation, non-interference with judicial jurisdiction, and prospective operation of a statute are presumed. These statutory interpretation presumptions guarantee justice and uphold the rule of law in judicial systems.
Habitual offenders, also known as repeat offenders, are individuals who have a history of committing crimes and have been convicted multiple times. These individuals pose a significant threat to society as they continue to engage in criminal activities despite previous convictions and punishments. The impact of habitual offenders on society is far-reaching, affecting not only the safety and well-being of individuals but also the overall functioning of communities. In this blog post, we will explore the various ways in which habitual offenders impact society and discuss potential solutions to address this issue effectively.
Mohammad Rayyan Ansari V. State Of Haryana case
The Punjab and Haryana High Court recently observed that when there are multiple drug cases pending against an accused, the stringent conditions for the grant of bail in such cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act cannot be satisfied.
Justice Jasjit Singh Bedi added that a âhabitual offenderâ is not entitled to the grant of bail even under the Code of Criminal Procedure (CrPC), keeping in view his criminal antecedents.
âOn the contrary, in such cases, the custodial interrogation is certainly necessary even though the accused may have joined the investigation at an earlier stage,â the Court said.
Section 37 of the NDPS Act lays down certain conditions before a person who is accused in a drug-related case can be granted bail.
It says that before a court can grant bail to an accused, it is required to grant the Public Prosecutor an opportunity to oppose such release.
The court is also required to satisfy itself that there are reasonable grounds for believing that the accused “is not guilty of such offence and that he is not likely to commit any offence while on bail.”
The High Court, in this case, noted that where an accused already has multiple FIRs against him, it is not possible to grant him bail because the above conditions in Section 37 of the NDPS Act cannot be satisfied.
âIn fact, when there are multiple FIRs against an accused over a significant period of time, then the twin conditions as envisaged under Section 37 of the NDPS Act that he had not committed an offence and was not likely to commit an offence cannot be satisfied,â the Court observed.
Justice Bedi made the observation while dismissing an anticipatory bail plea filed by a man (petitioner) who was wanted by the police in connection with a case registered under Sections 21(c), 22(c) and 25 of the NDPS Act at a Police Station in Haryanaâs Karnal district.
The case was registered after 12,000 Alprazolam tablets were recovered from a co-accused, who allegedly told the police that he purchased tablets from the petitioner.
The petitioner’s counsel argued that the statement of this co-accused has little evidentiary value.
The police countered that the accused petitioner was a âhabitual offenderâ and that one other case under provisions of the NDPS Act stands registered against him. He is absconding in that case, the prosecution added.
The Court noted that it was highly unlikely that the petitioner was implicated in multiple FIRs âat the whims and fancies of the investigating agency.â
It proceeded to reject the plea to protect the petitioner from arrest after reasoning that Section 37 of the NDPS Act cannot be satisfied in this case.
The Court also noted that the petitioner’s custodial interrogation would be necessary to recover evidence and to take the investigation to its logical conclusion.
For the first time, an interpreter was heard in the Supreme Court of India for the hearing of an advocate with a hearing disability.
It took us a long time to get this done. It should have been done a long time ago.
“This is something that should have been done long ago,â said Chief Justice of the Supreme Court D Y Chandrachaud on Tuesday, a day after the first-ever time an interpreter was used to translate proceedings for a lawyer with a hearing disability.
As Debayan Roy catches up with Advocate Sarah Sunny, she talks about her experience in the legal world so far and what changes she proposes to make the court process more accessible for lawyers and disabled litigants.
âOn the morning of September 22,â said Sunny, âI asked Milord if an interpreter could join the proceedings in item 37 so that she could attend the hearing.â
What happened next left senior lawyers in the courtroom amazed at how quickly the hearing in sign language was being interpreted.
At the end of the day, the question remained: Can this process be made mainstreamed so that lawyers with hearing disabilities can appear in court more often?
During COVID, I became an advocate. Initially, I wanted to join a law firm. It took me a long time to get there. I have always had my voice as my first line of communication since I was a kid. When I was representing cases in court, it was difficult for the judges to understand what I was saying. When they couldnât see me, I wrote and showed them what I had to say. There was no interpretation facility at the courts which would have made my job easier. It was a challenge.
 [Pratima Sahoo vs Cholamandalam MS General Insurance Co. Ltd].
A housewife takes care of her family, so she canât be considered a wage earner?
A Housewife provides for her family, so her income cannot be counted in the same way as that of a typical person.
Single-judge Justice Ajay Kumar Gupta, therefore, enhanced the compensation to be paid to one Pratima Sahoo (appellant), a housewife who had suffered severe injuries in an accident that took place in October 2013.
The bench noted that the appellant Sahoo had informed the Motor Accidents Claim Tribunal (MACT) that she earned âš4,000 as an income. But the Tribunal considered âš3,000 as her ‘notional’ income.
However, the bench said that a housewife is not expected to prove her income.
“It is unexpected for a housewife to prove her actual income by producing a document or salary certificate. A housewifeâs job requires more contribution than a normal job or service of an earning person. She maintains her husband, children, parents and other family members for an entire day by way of caring for them, cleaning, cooking food and many others as a result her income cannot be equated with the earnings of a normal person. Her income cannot be calculated in the form of monthly salary or wages,” the bench held.
The bench was seized of an appeal filed by the appellant challenging the February 20, 2020 judgment of the MACT in Tamluk, Purba Medinipur. By way of the said judgment, the MACT had ordered the insurance company to pay a compensation of âš 2,09,746 to the appellant.
As per the facts of the case, the appellant had sustained severe injuries after she was hit by a motor van. She suffered 50 per cent disablement and said she was unable to move freely from one place to another and her walking capacity was also restricted. She claimed that she lost her future earning capacity and also suffered mental pain and agony.
The bench noted that the MACT had awarded only âš5,000 for the mental pain and agony that the appellant suffered. It opined that the same was way too low an amount under the said category.
“Appellant being a housewife must suffer her pain, agony and suffering. Therefore, the compensation amount must be more than âš 5000. The Tribunal ought to have awarded more compensation amount under the head of mental pain, agony and suffering because she had been extensively treated in several hospitals,” the bench said.
Further, the bench observed that there is no straight jacket formula to consider the amount under the heading pain and suffering and therefore, ordered the respondents to pay âš 50,000 under the said category.
The Calcutta High Court Wednesday held that the earnings of a housewife cannot be calculated in the same manner as that of a normal person since a housewife not only does household chores but also takes care of the family.Â
Power-sharing is defined as a political arrangement wherein powers are divided and shared among different organs of the government as well as among different levels of the government. Power-sharing is considered to be an important component of democracy. It ensures the democratic functioning of the government, makes decision-making more strengthened, and reduces the possibility of conflicts.
In modern democracies, power-sharing arrangements are of the following types:
Among Legislative, Executive, and Judiciary
Among different levels of the government
Among different Linguistic And Religious Groups
Among political parties, and Social Groups
Power Sharing
Among Legislative, Executive, and Judiciary
The division of political power among different organs of the government is known as the horizontal division of power. In such an arrangement, different organs of the government which stand at the same level perform within their jurisdictions. The three organs among which power-sharing takes place are â legislative, executive, and judiciary. These three pillars are interdependent.
The legislature primarily is responsible for formulating laws. This power of lawmaking resides with the Parliament. The constitutional validity of the laws passed is ensured by the judiciary. The judiciary has the power to declare any law null and void that it considers to not be in compliance with constitutional provisions. This power of the judiciary to determine the validity of laws is commonly known as judicial review.
The executive branch of the government is held with the task of ensuring that the laws made in the country are effectively implemented and obeyed. In other words, it holds the responsibility for the governance of a state. It enforces the laws as written by the legislature and validated by the judiciary. Thus, the executive is answerable to both the legislature and the judiciary.
The judiciary enjoys an important feature commonly referred to as the independence of the judiciary. The main role of administering justice is to settle disputes and act as a watchdog of democracy. In India, the appointment of judges is governed by the President. Thus, the functioning of the judiciary depends on the executive. The power of impeachment of judges is held by the legislature.
The doctrine of separation of power came into force to avoid the concentration of power in one branch. The three organs of the government do not interfere in the jurisdiction of the other. However, each organ keeps a check on the other. This arrangement in which no organ can exercise unlimited powers is known as the system of checks and balances.
Among Different Levels Of The Government
This type of division of power is divided among different levels of the government. Unlike the horizontal division of power, the vertical division of power pertains to power division among different levels. The different tiers of the government are at the national, state, and regional levels. This vertical division of power is also known as federalism. The various federal units are given some autonomy over certain areas. In India, we have recognized a three-fold distribution of power.
The system of vertical division of power ensures that neither level of government has absolute power over the state. In the seventh schedule of the Indian constitution, the powers of the central and the state governments are elucidated. Those subjects mentioned in the state and union lists fall under the jurisdiction of the state and central government respectively. The concurrent list includes those subjects which are enjoyed by both levels of government. The Centre appoints the Governors of different states to govern administrative issues. This enables the Union government to have some influence on state administration.
It is important to note that the Indian federal system is tilted in favor of the centre. For instance, the Union Government holds the authority to issue directions to state-level governments so that the latter works in line with the laws passed in Parliament. Financially, the central government is better equipped with resources. The Centre also has the authority to exercise control over state finances. Â
Among Linguistic And Religious Groups
Power is also shared among different social groups. These social groups may be different in terms of language, religion, ethnicity, and so on. This type of power-sharing ensures inclusion and adequate representation of each and every social group in the government. The diverse social groups are accommodated within the administration in order to uplift their societal status. This kind of arrangement prevents the feeling of alienation among linguistic and religious groups. This can provide opportunities for autonomy and recognition for cultural minorities as such a system may protect such regionally concentrated minorities and ensure equal protection of the law.
For instance, reservations are made for women in order to ensure their political participation. Similarly, reservations are made for weaker sections such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes (OBCs) in the bureaucracy and legislature. These constitutional and legal arrangements are made in order to give a fair share to minority communities.
Among Political Parties and Social Groups
Different political parties in a democracy associate themselves with different political ideologies. This form of power-sharing among different political parties takes place in the form of political competition among parties representing different ideologies. Voters cast their votes in order to choose their ruler. Thus, in a democracy, decision-making processes are at the disposal of citizens. Regular elections also ensure that power is not concentrated in one hand and shifts in accordance with the peopleâs choices.
Power-sharing among political parties may be direct or indirect. It is direct when two or more political parties form an alliance to contest elections. Apart from political parties, various social groups and movements are active in a democracy due to social mobilization. These groups and movements also shape politics by influencing decision-making processes and creating political pressures on the ruling party.
The notion of power-sharing emerged against the apprehension of a concentration of power in one or few hands. In a democracy, everyone has a voice that can shape or influence political power. In order to ensure that no identity is compromised, power-sharing arrangements are being made. The primary aim of the division of power is to ensure that the divided political power is distributed across the nation to all citizens.
A quasi-judicial body is a non-judicial entity with the power to interpret the law. These organizations, such as an arbitrator or a tribunal board, have similar authority and norms of procedure to courts of law. In order to serve as the basis for governmental action, they must objectively evaluate the facts and provide responses. Only a few items, such as zoning, public standards, financial markets, and land use, are under their authority.
A quasi-judicial body’s activities offer solutions to problems; they also have the authority to use rulemaking to impose legal sanctions that might damage the rights of private parties. A quasi-judicial entity does not necessarily have to resemble a court of law; the Indian electoral commission is an example of a quasi-judicial organization that does not. The National Human Rights Commission, Intellectual Property Appellate Tribunal, SEBI, Central Information Commission, and others are some further instances of quasi-judicial entities in India.
The Quasi-Judicial bodies can also be created to fulfil specific purposes
Central administrative tribunal: This entity looks after the disputes concerning civil servants. For instance, determining the age of civil servants in case of a dispute.
National Human Rights Commission: It determines cases involving a violation of human rights. They investigate human rights abuse and recommend steps to prevent it.
National River Water Dispute Tribunal: This body looks after disputes between states involving water-sharing issues. They have the power to grant awards to share water among disputing states.
Election Commission:  This body is in charge of conducting, controlling, and supervising elections. It also performs some judicial functions like examining and maintaining a code of conduct, also determining the disqualification of legislators.
Other regulatory bodies: Besides the above-mentioned bodies there are some other bodies like the SEBI, TRAI, and IRDA that ensure transparency in the market economy. They are also empowered to punish for violation of rules by fines.
The characteristic features of the Quasi-Judicial :
Adjudicating Disputes: The quasi-judicial bodies adjudicate and decide penalties, the parties can approach these bodies for justice without undergoing the hassle of approaching the judiciary. The disputes can be monetary, the conduct of rules, or any dispute not directly linked with the judiciary. For instance, tribunals are quasi-judicial bodies that bring about amicable solutions to problems between two parties, especially states.
Nature of the quasi-judicial bodies: These bodies can be statutory, regulatory, or constitutional. The National Human Rights Commission is a statutory body, the Finance Commission is a constitutional body and the SEBI is a regulatory body all these bodies perform specific judicial functions as well.
Heads of the bodies: Unlike the judiciary which is headed by a judge, these bodies are led by individuals who are well-versed in a field like Finance, Economics, and Law.
Limited powers: The powers of these bodies are limited unlike the judiciary, they can only decide on cases that fall under their purview of expertise.  For instance, the Company Law Appellate Tribunal can decide cases regarding the governance and functioning of corporate companies their powers are limited to this area.
Power of punishing: These bodies are not merely advisory they have the authority to punish in matters that fall under their jurisdiction. For example, the Consumer Court of India deals with consumer disputes and punishes the company indulging in illegal practices.
Judicial review: The verdicts issued by these bodies can be challenged in a court of law, and the decision of the judiciary is supreme.
The advantages of quasi-judicial bodies are as follows:
Cost-effective: tribunals are cost-effective in comparison to the conventional judicial processes. The cost-friendly nature of the tribunals encourages people to seek justice and redress their grievances.
Hassle-free: the tribunals do not require lengthy or complex procedures for submitting applications. These bodies are accessible, free from technicalities and they proceed more rapidly and efficiently under expert supervision.
Sharing of workload: The tribunals by taking up many cases reduce the workload of the judiciary. For example, the National Green Tribunal adjudicated on matters concerning the environment and pollution.
Speedy justice: they are more efficient and provide speedy redressal of grievances.
Expert knowledge: A tribunal consists of experienced and knowledgeable individuals who easily understand the technicalities of the case brought before them thereby providing the right solution to the problem.
Note:
The concept of Quasi-judicial bodies is new to India; as a result, these bodies are mostly understaffed and burdened with a lot of cases rendering the very purpose of speedy justice ineffective.
The decisions and judgements given by the Tribunals are often challenged in the courts of law which also negate the very purpose of a quasi-judicial body.
The cost-effective nature of the tribunals encourages people to fight for justice but also invites a lot of false cases to the tribunals.
The Indian federation cannot function without the quasi-judicial entities that ensure each individual receives their fair share of justice. By lessening the workload of the judiciary and delivering prompt justice to the wronged, it effectively serves its purpose. However, in order to make these bodies effective and receptive to the demands of the people of the country, the government must take proactive measures to close the gaps that now exist in their operation.
On March 15th, 1950, India’s National Planning Commission (NPC) was established. The NPC was established by a Government of India Resolution as an advising and specialized organization. It was an advisory, non-statutory, and extraconstitutional body. The Commission has effectively contributed significantly to India’s renaissance from under British rule to an independent country with aspirational development objectives.n important role in Indiaâs rejuvenation from the reins of the British to an independent nation with ambitious developmental goals.
However, the Niti Aayog, a more active body than the NPC, took the place of the NPC in 2014. By implementing cooperative federalism, it strives to increase state engagement in the nation’s developmental activities and achieve the goals of sustainable development.
The NPC has received a lot of criticism even though it has achieved numerous developmental goals. The Commission has frequently come under fire for being a Soviet-style bureaucratic organization that stunted the nation’s economic development.
Major Drawbacks and Failures of the National Planning Commission:
1. Inadequate Growth Rate
The actual Growth Rate of the Indian economy was much less compared to the targeted rate of growth. Barring the First and the Sixth Five Year Plans, the actual rate of growth remained way below the aimed growth rates of GNP and per capita income. There was a gap between the aimed target and the actual growth rate of 4.4% against the 5% targeted growth rate. This difference between the target growth rate and the achieved growth rate portrays the failure of the Five Year Plans. India continues to be one of the poorest nations even today despite 50 years of economic planning.
2. Failure to Eliminate Poverty
Poverty is one of the major impediments which continue to haunt India. More than a quarter of the population in the rural areas which is 25.7 percent live below the poverty line. In the urban areas, the situation is a little better than in the rural areas where 13.7 per cent of the population lives below the poverty line. Altogether about 22 percent of the Indian population is carrying out their livelihood while sustaining themselves below the poverty line. Despite numerous schemes launched by the Planning Commission via the Five Year Plans the problem of poverty has not been eliminated properly.
3. Impact on Unemployment
The removal of unemployment was yet another major objective of the Planning Commission. Still, the employment generation could not achieve major success as a result the number of unemployed has been rising steadily. At the end of the First Five Year Plan, 53 lakh people were found to be unemployed, the numbers kept increasing with the next plans and it rose to 349 lakhs by 2004-2005. After the end of the 12th Five-Year Plan in 2017, Indiaâs unemployment rate hit a 45-year high of 6.1 per cent in 2017-2018. There has been an increase in employment opportunities through the Five Year Plans but the supply of labour has preceded that, this has led to a further increase in the number of unemployed. This is mostly because the Five Year plans focused more on growth rather than employment. The governmentâs focus was more towards adopting growth-oriented capital-intensive strategies rather than employment generation strategies.
4. Failure to reduce inequality of income and wealth
Throughout the planning period, the rich have turned richer while the poor have become poorer. Even though the incidence of poverty went down to some extent, the incidence of inequality increased significantly owing to the concentration of wealth in the hands of a few wealthy people. Indiaâs richest 1 percent acquired about 73% of the countryâs total wealth according to a survey by the International Rights group Oxfam while 67 crore Indians which comprise the populationâs poorest lot saw an average increase in their wealth by only 1%. This can be attributed significantly to the increase in the prices of essential goods, and inflation which has favored the rich but deprived the poor.
5. Regional imbalance
The five-year plans aggravated the gap between the states further. A lot of changes were expected from the Planning Commission concerning developmental activities, but instead, it emphasized more macro, sectoral, economic, and national aspects while it lacked the regional thrust. This has led to an unequal distribution of resources between the states. The backward areas continue to be neglected and underdeveloped while the metropolis has seen a surge in developmental activities.
6. Impact on Inflation
The negative impact of price inflation has overshadowed all the benefits of economic planning. The prices of all the essential commodities have continued to increase at a steady pace causing a lot of hardship for the vast majority of the people. In the First Five Year Plan the prices had come down considerably but the second plan saw a 63% rise in the prices of goods. The third, fourth, and fifth, plans recorded a 5.8%, 9%, and 3.6% rise respectively. The prices rose by 4% in 2004-2005 and in November 2013, when the 12th Five Year Plan was in operation the inflation reached an all-time high of 12.17%. The prices of fuel and power had risen to 10.3 % in October 2013 while food prices rose by 18.2%. The RBI had to raise its benchmark interest rate to 7.75% from 7.5% to control the rapidly rising inflation rates. Growth without stability has been a characteristic of Indian planning.
7. Failure to Implement Land Reforms
Land reform measures have been largely neglected by the five-year Plans. The policy decisions of transferring ownership of land to the peasantry were not implemented properly. The government was not eager to implement these measures which aimed at progressive agriculture and socialism this led to the alienation of a large number of peasants and brought them more hardship.
8. Inability to Check the flow of Black Money
For several reasons, there has been a concentration of a large amount of black money with a section of the wealthy population. These people have misused the available resources and indulged in illegal activities, which has also led to the misallocation of resources. The schemes adopted to check the concentration of black money have also failed to serve their purpose.
9. âOne Size Fits Allâ approach
The majority of the plans were designed keeping in mind the âone size fits allâ approach, they were not designed keeping in mind the requirements of the region and the masses, as a result, most of the plans implemented failed to produce palpable results.
The Planning Commission has failed to keep abreast of the changing scenario of economic development around the world. Federalism is the essence of modern-day governance but the centralized structure of the Planning Commission fails to adapt itself to this spirit of cooperation between the centre and states. The Indian economy is steadily developing itself with a rise in GDP at purchasing power parity ranking just below the USA and China. India at this hour of economic boom needs a more robust and dynamic institution to stabilize the economic scenario by making proficient policy decisions. The government institutions as well must also develop themselves adequately to cater to the changing scenario and the increasing levels of development.
In a democracy, people are given power to pursue a high standard of living. The democratic ideals of equality, freedom, and justice can be attained with the help of experts and a working knowledge of the administrative system. The Indian Constitution calls for a well-organized administrative apparatus. The individuals in charge of running the government’s everyday operations are a branch of it that is supported by the executive organ. Our nation’s civil services system serves as the framework for this apparatus. The bureaucracy is made up of all of these specially competent and educated executives. The Indian constitution’s Articles 308â311 describe the duties and responsibilities of these civil officers. Â
Professionally, it is the job of the administrative apparatus to monitor how the federal and state governments operate. The function that bureaucracy is supposed to play helps to simplify how complicated government is and how it operates. The administrative apparatus is absolutely necessary for the lives of citizens, aside from the policy advice they provide to the political leaders. India has chosen for a parliamentary style of government.
Political Accountability Towards the Government
Indian bureaucrats are expected to perform a dual role in terms of being accountable to both the Parliament as well as the citizens. Civil servants are obliged to ensure that the functioning of the government is based on the principles of democracy and transparency.
The Government of India has elucidated the role of âaccountabilityâ of civil servants. The government is the primary object in determining the public interest. Civil servants are a driving force for the effective implementation of administrative measures.
These public officeholders are expected to be neutral in their work. Thus, they should restrict themselves from being biased towards the ruling party or the opposition. They assist the government and those in power to formulate and execute policies and programmes. The assistance is contingent on the constitutional and legal foundation defined by them.
For a successful democracy, there should be provisions available to prevent and further restrict any kind of political influence over the bureaucrats.
Advocating Public Interest
In countries as big as India, there are wide concerns and political anxieties over the transparency and honest implementation of policies. Public officials play an important role in creating a citizen-friendly environment.
Civil servants are responsive to the aspirations of the citizens. In exhibiting their professionalism, they ensure that the principle of equality is well synchronized in society. They are expected to respond and cater to the needs of weaker sections.
The three-tier system of the government allows the civil servants to check that the developmental task is carried out efficiently even in the remotest area. On the other hand, the decentralized administration of the Indian government has facilitated them to manage affairs related to law and order.
Implementing Development Plans
A contact and an interconnected network are set forth between the society and the State through the administrative machinery. This administrative machinery is a pivotal instrument. It helps in preparing policy proposals, determining as well as modifying suggestions and various approaches on the implementation front.
As an organization bound by the values of integrity, sincerity and stringency towards rules and regulation, political neutrality, or impartiality and vigilance, the bureaucrats ensure a smooth development process.
The centralized administration does not have the means nor the will to redress citizensâ matters related to personal significance. It is the part where the bureaucracyâs role is expanded. It provides an immediate opportunity for citizens and redresses their personal grievances.
Bureaucrats are responsible for putting the development roadmaps into action in the region they are posted in. They play the role of development officers, especially in the rural areas wherein they provide their valuable inputs to modernize the area.
Administrative Machinery And Citizensâ Right
Administrative machinery ensures that all citizens are highly equipped, secure and healthy in order to provide them a quality life. The bureaucrats are expected to be highly responsive to the basic needs of citizens including health and education.
It is an indispensable part on behalf of the civil servants to create an atmosphere of good governance. They are expected to suggest and implement legal and institutional reforms for the same. It is also important to note that good governance is characterized by the extent of citizenry participation, the level of transparency and the prevalence of human rights protection.
The administrative machinery is placed in charge of delivering services fairly and efficiently to the general public.
The elementary function of the state has always been to maintain internal order, promote unity and provide justice. The administrative machinery is a vital prerequisite in promoting the values of social justice, equality and freedom.
Democratic Safeguards By Bureaucracy
India, known to be a democratic state, often finds itself in a difficult position to promote equality and unity in a society divided by caste. At the same time, the national security and territorial integrity of the land have always been of core importance to the government since independence.
The administrative machinery has the obligation to promote and create conditions of tolerance and cooperation within the national borders. They are responsible to focus on weaker sections and promote communal harmony by providing facilities such as physical and health infrastructure.
Bureaucrats and civil servants are obliged to inform corrupt malpractices or any kind of illegal act committed by those who are in power. This improves the morale of people in a democracy and prevents the administrative system from unethicality.
Administrative machinery is essential for promoting effective administration, achieving many objectives of sustained political and economic development, and giving citizens a stable and good existence. The effectiveness of government policies and other activities can be increased by enacting changes like merit-based promotion and rewarding bureaucrats. In turn, this would foster trust among citizens and offer a foundation for a functioning democracy to emerge. The understanding and expertise of the components of the administrative machinery are crucial in the task of balancing economic progress and social justice. They play a vital part in responding to crises and situations like natural disasters or financial crises. The constitution has made reservation provisions for weaker sections such as SCs, STs, OBCs as well as women in public bureaucracy under Article 16(4). All in all, the backbone of the executive is crucial for democracy to function.
The foundational requirement of democracy is the holding of free and fair elections. Part XV (Articles 324â329) of the constitution was adopted to assure the free, fair, and impartial conduct of elections, and it gave Parliament the authority to enact legislation to control the electoral process. The Constitution’s Article 324 establishes the Election Commission of India (ECI), which is responsible for monitoring the conduct of free and fair elections in the nation. Election Commission of India (ECI): The ECI as an independent constitutional authority was therefore brought into force from November 26th, 1949 The Representation of the People Act (RPA), 1950, and the Representation of the People Act, 1951, were passed by the Parliament in this regard.
The Representation of Peopleâs Act, 1951 contains 171 sections and 13 parts. The Act was framed by the Parliament for the effective election process. The Act was enacted before the first general election under Article 327 of the Constitution by the provisional Parliament.
The provisions included in the Representation of Peopleâs Act, of 1951 are:
It regulates how elections and by-elections are held.
It provides the administrative infrastructure for holding elections.
It includes laws to combat corruption and other crimes.
Qualification of Member of Parliament and Member of Legislative Assembly.
Disqualification of Member of Parliament and Member of Legislative Assembly.
It lays out the method for resolving election-related concerns and controversies.
Registration of Political Parties
1. Qualification for Members of Parliament and Members of Legislative Assembly:
The Representation of People Act 1951, talks about the person who is qualified to contest the election. According to Article 173 of the Indian Constitution, the person should be a citizen of India and not less than 25 years of age to be a member of the Legislative Assembly and not less than 30 years to be a member of the Legislative Council.
A. Qualification for Lok Sabha:
To contest election on the seats reserved for Scheduled Caste and Scheduled Tribe in any state, he should be a member of Scheduled Caste or Scheduled Tribe of any state and he should be an elector for any Parliamentary Constituency.
To contest elections for Scheduled Tribes in the autonomous districts of Assam or in the Union territory of Lakshadweep a person should satisfy the following conditions
He should be a member of the Scheduled Tribes and
He should be an elector for the Parliamentary constituency in the autonomous district or Union Territory.
3. To contest election from any other seat he should be an elector for any Parliamentary constituency.
B. Qualification for State Legislative Assembly:
To contest election for the seat reserved for Scheduled Caste or Scheduled Tribes he should a member of that Scheduled caste or Scheduled Tribes of that state and an elector for any Assembly constituency in that state.
To contest election for the seat reserved for an autonomous district of Assam, he should be a member of Scheduled Tribe of any autonomous district and he is an elector of that Assembly constituency in which the seat is reserved.
To contest from any other seat, he should be an elector for any Assembly constituency of that state.
C. Qualification for Legislative Council of a State:
The person contesting elections should be an elector for any Assembly constituency in that state.
He is an ordinarily resident of that State.
2. Disqualifications of the Members of the Parliament or Members of the State Legislative Assembly:
Chapter III of Part II of the Representation of People Act, 1951 provides for the disqualification from becoming a Member of the Parliament or Assembly.
The Disqualifications are:
Section 8 of the RPA, 1951Â provides for the disqualification of certain offences such as electoral, economic, or criminal. These offences have been considered by the Parliament a ground for the disqualification of a convicted person for membership of Parliament and the state legislature.
Section 8 (4) of the RPA, 1951 provides for disqualification, if a person has been sentenced to imprisonment for more than two years for an offense then he shall be disqualified from the date of such imprisonment and for a period of six years after his release.
Section 9 (1) of the RPA, 1951 says that a government servant dismissed for corruption or disloyalty to the state shall be disqualified for five years to contest election from the date of dismissal.
Section 9 (A) of the RPA, 1951 provides for disqualification for a certain contract with the Government.
Section 10 of the RPA, 1951Â provides for the disqualification of holding offices under a Government company.
Section 10 (A) of the RPA, 1951 says that if a candidate fails to lodge the account of his election expenses within the time provided the candidate shall be disqualified by the Election Commission. As per Section 77 (1) of the RPA, 1951 every candidate who is contesting the election has to keep and maintain a separate account of his election expenses.
Section 8A (1) of the RPA, 1951 states that a person is disqualified on grounds of commission of corrupt practices made by him during and in the election.
3. Registration of Political Parties:
Part IVA, Section 29A of the RPA, 1951Â gives power to the Election Commission of India to register associations and bodies as political parties. The party registered will get many benefits. The RPA allows political parties to accept voluntary contributions, preference in allotment of election symbols.
A. The provisions that are required by the political party to be considered as the state political party if any of these conditions are fulfilled:
The party has won 3% of seats in the legislative assembly of the state in the general election or legislative assembly elections.
The party has polled 8% of votes in a state at a general election to Lok Sabha.
The party has won 1 Lok Sabha seat for every 25 Lok Sabha seats allotted for the state.
The party has polled 6% of votes in a state and in addition, it has won 1 Lok Sabha or 2 Legislative Assembly seats.
The party has polled 8% of votes in a state at a general election or legislative assembly elections.
B. A party shall be considered as a national political party only if any of these conditions are fulfilled:
The party wins 2% of the seats in the Lok Sabha from at least three different states.
The party polls 6% of votes in four states and in addition, it wins at least 4 Lok Sabha seats at a general election to Lok Sabha or legislative assembly elections.
A party gets recognition as a state party in four or more states.
4. Election Petition:
Part IV of the RPA, 1951 deals with the disputes regarding the elections and provides the manner for the presentation of election petitions.
An election petition is a procedure for inquiring validity of election results of Parliament or local government elections. It can be filed by any candidate.
Section 100 of the RPA, 1951 provides the grounds for filing the election petition. The election of a particular candidate can be declared void by the High Court if:
Any corrupt practice has been committed by a returned candidate by his election agent or by any other person with the consent of the returned candidate.
The nomination has been improperly accepted.
The returned candidate was not qualified on the date of his election or was disqualified to fill the seat.
The candidate has not complied with the provisions of the Constitution or the Representation of the Peopleâs Act.
The petition can be filed by any candidate to the authorized officer of the High Court and it shall be filed within 45 days from the date of declaration of results.
Amendments in Representaion of the People Act, of 1951
Representation of the People (Amendment) Act, 1966
This Amendment abolished election tribunals. Election petitions were now transferred to High Courts.
But disputes in connection with the presidential and vice-presidential elections are heard directly by the Supreme Court of India.
Representation of the People (Amendment) Act, 2002
The 2002 amendment inserted Section 33A into the Act which provides for the right to information for people.
After this, voters have the right to know the antecedents of the candidates.
Contesting candidates are required to furnish information about prior convictions of offences or whether they are accused of any offence while filing their nominations.
The amendment also included provisions for the declaration of assets and liabilities by the candidates.
Representation of People (Amendment) Bill, 2010
This amending act confers voting rights to Indians who are NRIs.
The amendment, however, does not give NRIs the right to contest elections.
It also does not give NRIs the right to vote in absentia. They have to be present in their constituencies during polling.
The Representation of the People (Amendment and Validation) Bill, 2013
Passed by both houses of Parliament.
Major Change
A person in police custody or in jail can file a nomination for an election as long as his name is entered on the electoral roll, even if a person is prohibited from voting.
This amendment Bill seeks to address the situation when the Supreme Court concluded that a person in jail or police custody is not entitled to vote, and therefore, is not an elector, and thus, cannot contest elections.
Representation of People (Amendment) Bill, 2017
This bill, which was passed by the Lok Sabha, seeks to allow for proxy voting of NRIs and to make certain provisions of the Acts gender-neutral.
What are the offences pertaining to elections defined in the RPA 1951?
Promoting hatred and enmity.
Breach of official duty and providing support to any candidate.
Booth capturing and removing ballot papers.
Engaging in the sale of liquor within 2 days before the conclusion of polling.
Announcing public meetings within 48 hours before voting and also causing disturbances.
Can a convicted person contest election in India?
A person convicted of any offence and imprisoned for more than 2 years shall be disqualified from contesting for a period of 6 years after he or she is released from jail. After the 6-year period, he/she can contest elections.
The Representation of Peopleâs Act, of 1951 has proved to be an efficient mechanism through which a check can be made towards the candidate being elected to the legislature. The RPA, 1951 is very useful in keeping the legislature out of the influence of criminals or non-deserving candidates. Â Â
