From Potti Sriramulu to Sonam Wangchuk: Hunger strikes that changed India’s politics

* Statement 1 is correct: According to Article 355 of the Indian Constitution, it shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution. * Statement 2 is correct: Article 22(3)(b) mentions that individuals detained under preventive detention laws are not initially entitled to consult or be defended by a legal practitioner until the grounds of detention are disclosed to them. Although the constitution allows for exceptions in preventive detention cases, it does not prohibit state governments from providing legal counsel to the detained person. The state has the discretion to offer legal assistance if it wishes. * Statement 3 is incorrect: Section 32(1) of POTA 2002 allows confessions made to a police officer of at least Superintendent rank, overriding certain provisions of the Code of Criminal Procedure and the Indian Evidence Act.

Option A is correct. In a federal system, power is distributed between the central government and the states. There can be disputes about the division of power or interpretation of the Constitution.
An independent judiciary acts as an impartial umpire to settle these disputes and uphold the Constitution. It ensures that both the central government and the states function within their constitutional boundaries.The other options, while relevant to Indian polity, are not exclusive to federal systems Option B is incorrect. The Union Legislature having elected representatives from constituent units is a common feature in both federal and some unitary states with devolved power. Option C is incorrect. The Union Cabinet having elected representatives from regional parties is not a defining characteristic of federalism. Political party affiliation doesn't necessarily determine the federal structure. Option D is incorrect. The Fundamental Rights being enforceable by Courts of Law, while essential for a democracy, this feature exists even in some non-federal states.

Statement I is Correct: Any change in the Union List alters the distribution of legislative powers and requires ratification by at least half of the State Legislatures. Statement II is Correct: Changes affecting the extent of a State’s executive power also need ratification by not less than one-half of the States. Statement III is Incorrect: Conditions of the Governor’s office can be amended by Parliament alone and do not require ratification by States.

In the federation established by the Government of India Act of 1935, the residuary power was given to the Governor General. This means that the Governor General had the authority to deal with any legislative matters that weren't explicitly assigned to either the federal legislature or the provincial legislatures. This gave the Governor General significant control over the legislative process.

The Prisons Act 1894 is one of the oldest pieces of legislation in India dealing with laws enacted in relation to prisons in India.  * Statement 1 is correct: Prison is a State subject under List-II of the Seventh Schedule in the Constitution. States have the primary role, responsibility, and power to change the current prison laws, rules, and regulations. Hence it is true that prisons are managed by the state governments with their own rules and regulations.  * Statement 2 is correct: The management and administration of Prisons falls exclusively in the domain of the State Governments and is governed by the Prisons Act, of 1894 and the Prison Manuals of the respective State Governments.  * Hence it is true that the Prisons Act of 1894 kept the subject of prisons in the Provincial government (State governments) and this explains why State governments have the power to frame their own rules and regulations regarding prison management.

The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram. The governor can make regulations for the peace and good government of a scheduled area after consulting the tribes' advisory council. Such regulations may prohibit or restrict the transfer of land by tribal to non tribal members or among members of the scheduled tribes, and regulate the allotment of land to members of the scheduled tribes. Option B is incorrect. According to the provisions of Paragraph 4, under Article 244(1) of the Fifth Schedule of the Constitution of India, the Tribes Advisory Councils (TAC) shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas. The tribal advisory council is an advisory body, not a governing body. Option C is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not convert the area into a Union Territory. Option D is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not get declared as a Special Category State.

As per Article 249 of the Indian Constitution, the Parliament of India can legislate on a subject in the State List if the Rajya Sabha passes a resolution stating that it is necessary in the national interest. This resolution must be approved by a majority of not less than two-thirds of the members present and voting. Once passed, this resolution empowers Parliament to make laws on the specified subject for a period of one year, which can be extended further by passing another resolution.

Statement 1 is incorrect. Parole is not an absolute right in India. There's a consideration process involved. While a prisoner can present their case for parole, the authorities have the discretion to grant or deny it. Statement 2 is correct. State governments do have their own set of rules governing parole within the broad framework provided by the Prison Act, of 1894 and the Prisoner Act, of 1900.

The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to protect the interests of Scheduled Tribes. Fifth Schedule: Applies to all states except Assam, Meghalaya, Tripura, and Mizoram. It focuses on Management and administration of Scheduled Areas: These are areas with a high concentration of tribal populations. The schedule grants them some autonomy and safeguards their traditional rights over land and resources. Establishment of Tribes Advisory Councils: These councils advise the Governor on matters related to the welfare and development of Scheduled Tribes. Sixth Schedule: Applies to the four aforementioned northeastern states with significant tribal populations. It provides greater autonomy compared to the Fifth Schedule by Creation of Autonomous District Councils (ADCs): These councils have a greater degree of administrative and legislative power within their designated areas. Special provisions for administration of tribal areas: This includes protection of customary law, inheritance practices, and social customs of the tribes.

The Constitution outlines specific roles where the Governor can act at his/her own discretion, but it does not allow the President to unilaterally intervene in State legislation without the Governor's involvement. ✅ Statement I: Correct
* The Governor can act in discretion in certain cases (e.g., reserving a bill for the President under Article 200, or appointing a CM in a hung assembly).
* Article 163(2) makes the Governor’s discretion final in such matters. ❌ Statement II: Incorrect
* The President cannot suo motu reserve a State bill. Only the Governor can do this under Article 200.

Potti Sriramulu's 58-day fast unto death in 1952, demanding a separate state for Telugu-speaking people, led to his demise and subsequent widespread protests. This compelled the then Prime Minister Jawaharlal Nehru's government to create Andhra State in 1953, which in turn set the stage for the States Reorganisation Act, 1956.

Irom Sharmila began her hunger strike in November 2000 in response to the Malom massacre, demanding the repeal of the Armed Forces (Special Powers) Act (AFSPA) to address human rights violations in conflict-hit regions.

Anna Hazare led a hunger strike in 2011 demanding a Jan Lokpal law to combat corruption. Medha Patkar, through the Narmada Bachao Andolan, protested for fair rehabilitation and environmental safeguards. Mamata Banerjee's hunger strike in Singur was against land acquisition for an industrial project, not linguistic reorganization of states (which was associated with Potti Sriramulu).