Q3(c). Write briefly on the following: Electoral College for Election of President; Rigid Constitution; Equality of Opportunity; Preventive Detention

Electoral College for Election of President

The President is elected indirectly by an Electoral College consisting of:

• Elected MPs of Lok Sabha and Rajya Sabha,
• Elected MLAs of all States,
• Elected MLAs of Delhi and Puducherry.

Value of votes:

• Value of MLA’s vote= (State population / 1000) ÷ number of elected MLAs.
• Value of MP’s vote= Total value of MLAs’ votes ÷ Total elected MPs.

This ensures balance between Union and States in India’s federal structure.

Rigid Constitution

A Constitution is called rigid when it requires a special procedure or special majority for amendment.

In India, Article 368 requires:

• Special majority in both Houses, and
• Ratification by half of the States for federal provisions.

Examples:

• 73rd–74th Amendments (local bodies),
• Constitutional amendment on GST.

Rigidity preserves constitutional stability and prevents arbitrary changes.

Equality of Opportunity

Article 16(1) guarantees equality in public employment.

It prohibits discrimination on:

• Religion, race, caste, sex, descent, place of birth.

It allows:

• Reservation for SC/ST/OBCs,
• EWS reservation (103rd Amendment),
• Special provisions for backward classes to ensure adequate representation.

It ensures merit, fairness, and social justice in governance.

Preventive Detention

Preventive detention means detaining a person to prevent them from committing a future harmful act, not for past actions. Permitted under Article 22, it includes:

• National Security Act (NSA),
• COFEPOSA,
• Preventive Detention Act (now repealed).

Safeguards:

• Communication of grounds of detention,
• Advisory Board review within 3 months,
• Limited detention period.

Courts ensure the law is not misused and detention is justified on strong grounds.