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Mahatma Gandhi and The National Movement
During 1917 and early 1918, Gandhiji was involved in three significant struggles.
- Champaran Satyagaraha 1917
Indigo cultivators of Champaran were exploited by European Planters. Indigo Cultivators were bound by law to grow Indigo on 3/20th of their land and sell it to the British Planters at prices fixed by them. Gandhiji offered Satyagraha for safeguarding the interest of Indigo Cultivators in Champaran, Bihar.
- Ahmedabad Satyagaraha 1918
Gandhiji led the mill workers of Ahmedabad in a strike against the mill owners who refused to pay higher wages to the mill workers. Gandhiji undertook a fast and hence the mill owners had to give into the demands of mill workers and increased their wages by 35%
- Kheda Satyagraha 1918
Crops failed in Kheda and peasants were not able to pay land revnue. Gandhiji organized the peasants to offer satyagraha, when the government refused to forgo the land revenue, ultimately government arrived at a settlement with the peasants.
Methods used by Mahatma Gandhi during his freedom struggle
Satyagraha (Satya=Truth, Agraha=Insistence to hold fast): It meant to be fearless, truthful as well as peaceful, suffering willingly while refusing to submit to what is wrong.
- In the first world war Turkey was defeated and the ottomon empire was divided. The sultan of Turkey who was the caliph was deprived of all authority. The Caliph was looked upon by large sections of Muslims as their religious head. Muslims were angry as they felt that weakening of Caliph's position would adversely affect the position of the Muslims, hence the Muslim population in India started the 'The Khilafat Movement' under the leadership of Mohammed Ali and Shaukat Ali
- The Khilfates formed a three point programme
- The Caliph must retain the empire
- He must be left with sufficient territory to enable them to defend the Islamic fate
- The Arab lands (Arabia, Syria, Palestine, Iraq) must remain under the Muslim rule.
- This movement was supported by Gandhiji as he saw this as an opportunity for uniting Hindus and Muslims
- Gandhiji was elected as president of the All India Khilafat Conference in 1919
- By Aug 1920, the Khilafat non-cooperation movement started
- People resigned from government services
- Shops selling foreign goods were picketed
- Students boycotted schools and colleges
- Hartals and demonstration were held.
- Arrest of a person without warrant
- In camera trail (trail in seclusion)
- Restrictions on movement of individuals
- Suspension of the right of habeas corpus
- Gandhiji started satyagraha challenging the government.
- To attain self government within the British Empire if possible and outside if necessary
- Annulment of the Rowlatt Act and remedying the 'Punjab Wrong' i.e. the British government should express its regret on the happenings in Punjab, particularly in Amritsar.
- Remedying the 'Khilafat Wrong' i.e. the British should adapt a lenient attitude towards Turkey and restore the old status of the sultan of Turkey.
- Boycott Programmes
- Boycott of government schools, colleges and courts
- Boycott of foreign goods
- Surrender of titles and honorary offices
- Resignation from nominated seats in local bodies
- Refusal to attend government functions
- Popularization of swadeshi and khadi by reviving hand spinning and hand weaving
- Establishment of national schools and colleges
- Development of unity between Hindus and Muslims
- Removal of untouchability
- Emancipation and upliftment of women
- Tragedy at chauri chaura, a village in Gorakhpur district in UP, occured on Feb 5, 1922
- A procession of about 3000 peasants marched to the police station to protest against the police officer who had beaten volunteers picketing a liquor shop
- The police fired at the peasants
- The demonstrators set the police station on fire, killing 22 policemen who were inside the policestation
- Gandhiji was greatly shocked at these incident, withdrew the non-cooperation movement on Feb 12, 1922
- The national movement became a mass movement - different sections of Indian society like peasants, workers, students, teachers etc. participated in the movement
- Instilled confidence among the people - it generated a desire for freedom and inspired people to challenge the colonial rule.
- Fostered Hindu-Muslim unity: it fostered Hindu-Muslim unity as seen in the merger of the Khilafat movement with the national freedom movement. The Congress got an opportunity to bring the urban Muslims into the national movement by convincing them that the nation was equally concerned with the problems affecting them
- Promoted social reforms
- Due to noncooperation movement, many steps were taken to prohibit and remove untouchability
- Many national schools and colleges were setup in different parts of the country
- Boycott of foreign goods led to the promotion of Indian handicrafts and industries. Khadi became the symbol of national movement
- Popularized the cult of swaraj- The goal of noncooperation movement was to attain swaraj within the British empire.
- In Nov, 1927 the British Government under the chairmanship of Sir John Simon appointed a commission known as Simon commission to investigate the need for constitutional reforms in India.
- The commission composed of 7 British members of parliament and had no Indian members
- At its Madras Session 1927, presided by Dr. Ansari, the National Congress decided to boycott the commission went, it was greeted with hartals and black flag demonstrations under the slogan 'Simon Go Back'
- Lala Lajpat Rai was beaten up mercilessly on Oct 30, 1928 at Lahore railway station, while leading a demonstration and he lost his life.
- Dyarchy should be abolished and there should be complete autonomy in the provinces including the department of law and order, but the governor should be given over riding powers in matters like the internal security
- Provincial legislature councils should be enlarged
- Federal government at the centre, should embrace not only British India but also the princely states.
- The Governor-General should select and appoint members of his cabinet.
- British troops and British officers should stay on in Indian regiment for many more years.
- High courts should be under the administrative control of the government of India
- The communal representation was to continue.
- Lord Birkenhead, the secretary of state for India, justified the exclusion of Indians in the Simon Commission. An all parties conference was convened in 1928 to take up the challenge of lord Birkenhead.
- Motilal Nehru was made the chairman of the committee. The report submitted by the all parties conference is known as the Nehru Report. This report proposed
- Dominion status for India
- Parliament of India should consist of
- The senate elected for 7 years with 200 members electe by the provincial councils.
- The house of representation with 500 members elected for 5 years through adult franchise
- Joint electorate with reservation of seats for minorities (except in Punjab and Bengal) on population basis with the right to contest additional seats.
- Creation of new provinces on linguistic basis
- Nineteen fundamental rights including the right to vote, freedom from arbitary arrest, searches and seizures and freedom of conscience.
- The British Government did not accept the Nehru report and the Congress passed the poorna swaraj resolution at its Lahore session in 1929
- Jawaharlal Nehru was made the president of the congress at the Lahore session
- The resolution declared Poorna Swaraj (Complete Independence) to be the objective of the congress.
- Preparation for civil disobedience
- According to poorna swaraj resolution, the word swaraj in the constitution would mean complete independence which was set as the goal of the national movement
- 26th of January was observed as Poorna Swaraj day
- Resignation by members of the legislature
- Withdrawal from all possible association with the British government
- The congress working committee met in Feb 1930 at Sabarmati Ashram and vested in Gandhiji power to launch the civil disobedience movement
- Gandhiji started the movement with Dandi march (March 12-April 6 1930) from the Sabarmati Ashram to Dandi on the Gujarat coast.
- The movement involved
- Defiance of salt laws
- Boycott of liquor
- Boycott of foreign cloth and British goods
- Non payment of taxes and revenues
- Violation of salt laws was followed by violation of forest laws in Maharashtra, Karnataka and the Central Provinces (Madhya Pradesh-Chattisgarh)
- Refusal to pay the rural chaukidari tax in Eastern India
- All over the country, people joined hartals, demonstrations and the campaign to boycott foreign goods and refused to pay taxes. Many Indians offered Satyagraha.
- Movement reached the North Western frontiers. Under the leadership of Khan Abdul Gaffar Khan, popularly known as Frontier Gandhi, the Pathans organized the society of Khudai Khidmatgars known as 'Red Shirts'. They adapted nonviolence for the freedom struggle.
- Civil disobedience movement resulted in mass strikes and setting up-to parallel governments in several places.
- Withdraw all ordinances and end prosecutions
- Release all political prisoners, except those guilty of violence
- Permit peaceful picketing of liquor and foreign cloth shops
- Restore the confiscated properties of the Satyagrahis
- Permit free collection for salt by people near the sea cost.
- Suspend CDM
- Participate in the Second Round Table Conference
- Not to force police investigation in the past matters
- It was attended by Gandhiji as a sole representative of the congress
- Conference was soon deadlocked on the minorities issue with separate electorates demanded by Muslims, depressed classes, Indian Christians, Anglo Indians etc.
- British government refused to concede the immediate grant of dominion status
- Gandhiji returned to India, disappointed.
- Renewal of CDM
- With the failure of second round table conference and not giving the approval for dominion status, Gandhiji came back to India
- The great depression of 1930 in the world hit the farmers in India hard.
- Gandhiji decided to sort out the situation with viceroy Willington but the interview was refused
- The congress passed a resolution for the renewal of the CDM
- On Jan 4, 1932 Gandhiji was arrested
- Government resorted to repression, issued ordinances and assumed special power
- Congress was declared illegal
- Congress leaders were arrested and their properties were seized
- Gradually CDM lost its force
- Congress called it off in 1934
- Gandhiji then resigned from active politics
- The movement created a tide of patriotic favor in the country. The government withdraws the ban on the congress in June 1934.
- Large number of social groups like merchants and shopkeepers, peasants, tribals and workers in different parts of the country were mobilized for the Indian National Movement
- The movement, under the leadership of Birla and the 'Harijan Sevak Sangh' changed the social conditions. Depressed classes were allowed in temples which was earlier denied.
- The government of India act, 1935 introduced the principal of federation and the principle of provincial autonomy i.e. responsible government in the provinces.
- Brought women out of their homes to participate in politics
- Movement revived the will to fight the elections.
The Union Legislature and Union Parliament : Rajya Sabha and Lok Sabha Summary or Short Notes
- The Lok Sabha is the lower house of the parliament
- Its term is fixed at 5 years
- The present strength of Lok Sabha is 545 members including two nominated members from Anglo Indian community.
- The speaker is the presiding officer of the Lok Sabha. The speaker and the deputy speaker are elected by the newly elected house when it meets for the first time among members
- The Lok Sabha consists of directly elected representatives of Indian citizens
- He / She should
- be a citizen of India
- not be less than 25 years of age
- not be proclaimed criminal
- not hold any office of profit under the government of India
- have his/her name incorporated in the electoral rolls in any part of the country
- Money bills can be introduced only in the Lok Sabha
- The Lok Sabha alone can vote a minister out of office
- The Rajya Sabha is the upper house of the parliament
- The Rajya Sabha is called a permanent house as it does not dissolve as a whole. Every two years, one third of the members retire and fresh elections take place. Its members are elected for a period of 6 years.
- The Rajya Sabha comprises of both elected as well as nominated members. Out of a total strength of 250 members 12 members are nominated by the president from among the Indian citizens who have excelled in the fields of arts, science, social service, literature, sports etc. The remaining 238 members are to be the representatives of the states and of the two union territories.
- The vice president of India is the ex-officio chairman of the Rajya Sabha. He / She is the presiding officer of the Rajya Sabha.
- should be a citizen of India
- should be 30 years of age
- should not be a proclaimed criminal
- should have his/her name in the electoral list
- should not hold any office of profit under the government of India.
- It is privilege of the Rajya Sabha to decide that a particular subject in the state list has assumed national importance and it should be included in the Union list of subjects.
- The Rajya Sabha can decide to setup new all India services.
- The proclamation of emergency is approved by the Rajya Sabha alone
- When a state of national emergency is declared the Rajya Sabha looks after responsibilities of the union legislature.
- Amend some provisions of the constitution
- Change the name of the states in the country
- Alter the testimonial boundaries and divide and subdivide a state into two or more states.
- If he / she defected to another political party.
- if he / she gave up the membership of his / her political party
- if an independent member joins a political party after his / her election
- if he / she voted or abstained from voting in the house against the direction of his / her party without its prior permission
The Union Legislature and The Union Parliament: Judicial and Exclusive Powers of Rajya Sabha and Lok Sabha
Judicial Powers
Impeachment of the president
Parliament can remove the president from office through impeachment. In case of violation of the constitution or grave misconduct, either house may frame charges against the president. If a resolution is passed by a 2/3 (two-third) majority of total membership of the house and by the majority of members present and voting, the other house investigates the charges. If the other house too finds the president guilty he may be removed from office.
Removal of Judges
Parliament can remove the judges of the supreme court and the high courts, the chief election commissioner etc. if they are found guilty of violating provisions of the constitution.
Electoral Functions
- The parliament along with the state legislatures elects the president of India.
- The vice-president of India is elected by both the houses of the parliament
- The Lok Sabha elects its own speaker and deputy speaker from amongst its own members while the Rajya Sabha elects its deputy chairman.
- Parliament may alter the name or boundary of the state if needed, it can also form a new state by merging the territories of existing states or by separating a part of a territory from a state.
- It makes laws regarding the composition, jurisdiction and powers of the supreme court.
- The parliament may establish a common high court, for two or more states.
- Though the Parliament cannot make laws on a state subject, the constitution states that the Rajya Sabha may by a resolution adopted by two-thirds majority, empower the parliament to make laws with respect to a matter in the state list. The Lok Sabha has no authority to assert itself in such matters.
- If the Lok Sabha is dissolved before or after the declaration of a national emergency, the Rajya Sabha becomes the sole de-facto and de-jure parliament, i.e. it takes over the functions of the parliament. It cannot be dissolved which is a limitation on the Lok Sabha.
- No confidence motions can only be introduced and passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and the council of ministers resign collectively.
- Rajya Sabha has no power over such a motion, and hence no real power over the executive.
- Money bills can only be introduced in the Lok Sabha. After it is passed by the Lok Sabha, it is sent to the Rajya Sabha for its recommendations which it must make within 14 days.
- In case of a deadlock between the two houses over a non-financial ordinary bill, the will of the lok sabha prevails as its strength is more than double that of the Rajya Sabha
The Union Legislature and The Parliament: Rajya Sabha
Rajya Sabha: It is the upper house or the council of states
Composition: Max Strength 250 members. 238 members are representatives from various states, 12 members are nominated by the president from among peoples who have excelled in arts, music, sports etc.
Election: The representatives of each state in the Rajya Sabha are elected by the elected members of the legislative assembly of each state in accordance with the system of proportional representation by means of a single transferable vote.
Term: Rajya Sabha is a permanent house. It cannot be dissolved like the Lok Sabha. Each member is elected for a period of 6 years. One third of the total members of the house retire after every two years.
Qualification: Minimum age for contesting election for Rajya Sabha is 30 years.
- Other qualification for membership of the Rajya Sabha are the same as those of Lok Sabha.
Disqualification:
- If a member holds any office of profit under the court of India or the government of any state (other than an office exempted by parliament by law)
- If he / she is of unsound mind and is proved so by a competent court.
- If he / she is an undischarged insolvent.
- If he / she is not a citizen of India or has voluntarily acquired citizenship of a foreign state
- If he / she is disqualified by or under any law made by the parliament.
Presiding officers
- The vice president of India is the ex-officio chairman of the Rajya Sabha. He presides over its meetings.
- Rajya Sabha elects a deputy chairman from among its members. In the absence of Chairman, he performs all functions and deputies of the chairman.
Powers and Functions of the parliament (Rajya Sabha and Lok Sabha)
Legislative Powers
All bills, except the money bills, can originate in any house of the parliament. No bill can become a law unless agreed to by both the houses. In case of disagreement, the president may summon both the houses of parliament in a joint meeting
The parliament can make laws on:
- Matters in the Union List
- Parliament can make laws on all the 97 subjects in the union list, including important subjects like defence, communications, foreign policy etc.
- Matters in the concurrent list:
- Along with the state legislative assemblies, the parliament can make laws on the 47 subjects in the concurrent list. In case of conflict between the union parliament and the state legislative on any law in this list, the union law will prevail.
Residuary Powers:
It means that the parliament can make laws with respect to all those matters which are not mentioned in any of the 3 lists - union list, state list, concurrent list.
Matters in the state list:
Parliament can legislate on subjects in the state list:
- During the proclamation of an emergency
- When the Rajya Sabha passes on a resolution by a two-thirds majority that a subject in the state list has assumed national importance.
- When two or more states are of the opinion that the parliament should legislate on a subject given in the sate list, parliament may make an act on that subject but that would be applicable only to the consenting state.
Ordinances:
President is empowered to promulgate an ordinance at at time when the parliament is not in session. It has the same effect as an act. All ordinance must be put up before both the houses for their approval. Ordinances cease to operate after 6 weeks from the re-assembly of parliament, unless they are approved by the houses.
Powers during emergency
When there is a total breakdown of the constitutional machinery in a state, the parliament becomes the legislature in the state concerned and assumes all powers including the financial powers of passing the state budget.
Financial Powers
A money bill can originate in the Lok Sabha only. After a money bill is passed by the Lok Sabha, it is sent to the Rajya Sabha for its recommendations which it must make within 14 days, in financial matters the Rajya Sabha has only an advisory role.
The Budget
The parliament passes the union budget containing the estimates of receipts and expenditure of the government for a financial year. The budget is presented in two parts, the railway budget and the general budget.
Supplementary Grants:
If the amount authorized for the current financial year is not sufficient, the government may make a fresh demand known as the supplementary grant
Vote on account
If the union budget is not passed before the beginning of the new financial year, i.e. April 1, there would be no money for the executive to spend. Thus, a device known as 'vote on account' authorizes the executive to draw funds from the consolidated fund until the budget is passed by the parliament.
Salaries
The Salaries and allowances of MPs and Ministers are determined by Parliament
Permission for Taxes
No tax can be imposed or money spent by the government without the approval of the parliament.
The Union Legislature ; The Union Parliament : Functions of the Speaker
Functions of the speaker
Business of the house
- Speaker presides over the meetings of the house. All speeches and remarks are addressed to the speaker. He allots time for discussion
- Speaker interprets the rules of procedure of the house. His/Her decision in all parliamentary matters is final
- All bills passed by the house are signed by him/her before they are sent to the Rajya Sabha or to the president for his assent.
- Puts the issues to vote and announces the results but does not vote unless there is a situaiton of tie.
- Decides whether a bill is a money bill or not.
Administrative Functions
- Speaker receives all petitions and documents in the house.
- Communicates the decisions of the house to the concerned authorities.
- Regulates the admission of visitors and press correspondents to the galleries of the house.
Disciplinary Functions
- Maintains order in the house. If a member becomes unruly, he may order them to withdraw may suspend a member if he / she disregards the authority of the chair.
- In case of grave disorder, he can adjourn the house.
- If a member uses indecent or unparliamentary words, speaker may order such words to be excluded from the proceedings of the house.
- Decides whether a member is disqualified under anti-defection law.
Parliamentary Committees
- Speaker is the ex-officio chairman of some of the committees of the house, such as the business advisory committee and the rules committee.
- Appoints chairmen of all the committee of the house.
- Directs all chairmen in their working and procedures to be followed.
Miscellaneous Functions
- The speaker presides over the joint sessions of both the houses of parliament
- In consultation with the chairman of the rajya sabha, he nominates personnel for parliamentary delegations to various countries
- He presides over the conference of presiding officers of legislative bodies in India
Civics: The union legislature and The union parliament, Lok Sabha and Rajya Sabha Functioning, Parliamentary Procedures
Parliamentary Procedures
Sessions:
- The president summons each house of parliament
- As per the constitution, the interval between two sessions shoudl not be more than 6 months
- Normally there are 3 sessions in a year. The budget session (Feb-May), Monsoon session (Jul-Aug) and Winter session (Nov-Dec).
Quorum:
- It means the minimum number of members required to be present for transacting the business of the house.
- The quorum of the Lok Sabha and the Rajya Sabha is one-tenth of the total membership of each house.
Question Hour
- The first hour on every working day of the house is reserved for questions unless otherwise decided by the speaker. This hour which starts at 11:00AM is the question hour.
- All members of the house have a right to ask questions to the government on matters of public interest which is called interpellation.
- The questions have to be submitted to the speaker, addressed to the speaker and should be submitted with a 10 days notice in advance.
- Questions for which a member wishes to have oral answers on the floor of the house
- Such questions are indicated by an asterisk mark
- Supplementary questions may be asked after replies to such questions are given by the ministers.
- Questions for which members will get only written answers
- Supplementary questions cannot be asked
- Questions for which members will get only written answers
- Supplementary questions cannot be asked.
- Questions of urgent importance which can be asked with a notice shorter than 10 days
- The minister concerned has to be asked whether he can reply to such a short notice questions as it is for him to decide whether to accept or not accept the question
- The period begins at 12 O Clock and continues till lunch break which begins at 1 O Clock
- Members raise all types of questions without any permission or prior notice
- It means a proposal to lay aside all other business and to take up a definite matter of urgent importance.
- It interrupts the normal business of the house
- It is normally allowed in situations like railway accidents, resulting in death of several people, some natural calamity or a communal tension
- It is a proposal expressing lack of confidence in the ministry
- It is passed with the support of 50 members and taken up for discussion, within 10 days from the day on which the leave is granted.
- If the motion is passed, the government has to resign.
- It is the reverse of the no confidence motion
- Adjournment of the house means suspension of the sitting of the house by the speaker.
- Propagation means termination of the session of the parliament
- The power of adjournment of the house rests with the speaker of the chairman as the case may be power of propagation of a session belongs to the president
- After the business for the day is over
- When the death of a sitting / ex-member of the house occurs
- For want of Quorum
- As and when the speaker finds it necessary
- The speaker is the presiding officer of the lok sabha. He / She conducts the business of the house.
- The speaker is elected from its own members soon after the newly elected house meets for the first time.
- Speaker does not vacate the office, when the house is dissolved. He / She remains in office till a new speaker is elected by the new Lok Sabha in its first meeting
- Elected for a term of 5 years
- The speaker may resign on health or on other grounds by submitting a letter of resignation to the deputy speaker. He / She can also be removed by the lok sabha if the majority of the members pass a resolution.
- Performs the duties of the speaker when the speaker is absent or while the speaker office of the speaker is vacant.
- Deputy speaker is elected or removed from office in the same way as the speaker.
Friday, March 25, 2022
Civics: The union legislature and The union parliament, Lok Sabha and Rajya Sabha Members and Qualification
Legislature: A legislature is an assembly with the authority to make laws for political entity such as a state or city.
Parliament: The parliament is the body of people's representatives who have supreme power of governance in a democratic country. Parliament is the highest legislative body of the government.
Federal: Federal system relates to a system of government in which several states are united and governed centrally by the union government and te states remain independent as separate units constituting a federation
Federal Setup: A federal setup of government divides administrative powers between the central and state governments by the constitution and both are supreme between their respective spheres
Importance of Federal Setup
- India is a large country; hence this division is essential to maintain unity and integrity
- It is suitable for India due to the inherent diversity of our country
- Division of legislative and administrative powers between the union and state governments with supreme court at the apex to look after the distribution of powers.
- With a bicameral legislature(two houses), the states get an opportunity to be a part of the functioning of the government(Rajya Sabha members are mainly representative of states)
- A Strong Centre
- Single constitution for union and the states
- Flexibility of constitution
- Single citizenship
- Inequality of representation in the Rajya Sabha
- Existence of union territories
- Can be less than 5 years when the house (Parliament) is divided by the president on the advice of the prime minister.
- It is more than five years in case of emergency
- 530 members representatives from states
- 20 members representatives from union territories
- 2 members (Anglo Indians) nominated by the president
- He / She should be an Indian citizen
- Should be at least 25 years of age
- Should have his name in the electoral rolls in some part of the country
- Should not be an insolvent
- Should not hold any office of profit under the government
- Should not be a proclaimed criminal
- Should not be of unsound mind
- If a member holds any office of profit under the court of India or the government of any state (other than an office exempted by Parliament by law)
- If He / She is of unsound mind and is proved so by a competent court.
- If he / she is an undischarged insolvent
- If he / she is not a citizen of India or has voluntarily acquired citizenship of a foreign state
- If he / she is disqualified by or under any law made by the parliament
- Resignation of a member in writing to the speaker (Lok Sabha) or Chairman (Rajya Sabha) of the house.
- Absence of a member without permission of the house from all meetings for a period of 60 days (including the time when the house is prorogued or adjourned for more than 4 days)
- If a member becomes subject to any of the disqualification laid down in the constitution or an act of parliament
- If a person is already a member of the state legislature and is elected to the parliament he has to vacate his seat in state legislature or vice versa
- If a person is disqualified from being a member on grounds of defection under "anti-defection law"