Question 4 · 339 words written
Opening
USA follows a strict system of Seperation of Power, where President is not a member of legislature.
I. Comparision of US V/S India
| USA | India |
|---|---|
| 1. Rigid Seperation of Power (SOP.) | 1. Not rigid but fluid in Indira Gandhi case |
| 2. Less check over executive → only judiciary restricts. | 2. Both judiciary & Parliament checks over executive. |
| 3. Minimal interference of President in law making | 3. PM's support is necessary to pass a bill in lower house. |
| 4. Increases stability in governance | 4. Increases accountability in governance. |
II. Advantages of Checks & Balances
Body · points and prose
- Accountability of each organ over other; executive to legislature & judiciary & so on.
- Stops absolute power by one organ.
- Harmonious existence, where each organ is required to be in sync.
- Protection of rights: of citizens.
- Judicial Review to check in wisdom of government's action under 'Due process of law'.
- Gradual reforms: preventing any drastic changes in governance structure. Article 75 ensures accountability of govt. to Parliament & Art 13 to judiciary.
VIth schedule originates from Art 244(2) & creates Autonomous District council in 4 states → Assam, Meghalaya, Mizoram & Tripura.
I. 6th schedule foster development along with culture preservation
- Autonomous District councils: are responsible to focus on tribal needs.
- Legislative autonomy: in accordance to cultural laws, but subject to assent of Governor.
- Judicial autonomy: traditional courts based on customary laws, but subject to High court's jurisdiction.
- Protection of land rights: as they cannot be easily transfered.
- Revenue Generation: by taxing can fund developmental projects for local needs.
- Education & Health initiatives: ADC can implement these intiatives according to traditional knowledge.
- Political Representation is ensured to tribals of the region by reservation of seats.
- Control over resources: to ensure sustainable & judicious use.
Close · a summary
VIth schedule has been an excellent tool to integrate tribal areas to mainstream society, maintaining their cultural identity.