diff --git "a/M LakshmiKant Polity.csv" "b/M LakshmiKant Polity.csv" new file mode 100644--- /dev/null +++ "b/M LakshmiKant Polity.csv" @@ -0,0 +1,45939 @@ +" INDIAN POLITY" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"For Civil Services and Other State" +"Examinations" +" Join TelegramGroups" +"To Boost Your Preparation" +"PDF4Exams One stop solution for study" +"Click Here materials of all competitiveexams" +"" +"" +"The Hindu ZoneOfficial" +"Newspapers & study Click Here" +"materials" +"" +"TestSeries4Exam" +"All paid test series" +"Click Here availabblewithoutanycost" +"" +"Pdfbasket" +"All e-Magazines" +"in your hand Click Here" +"Hindi Books" +"All study materials" +"Click Here" +"in Hindi" +"" +"" +"Boltgram (An Indian App)" +"India's best telegram app with advanced features" +"" +"For More download Boltgram App from play store" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Sixth Edition" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"ABOUT THE AUTHOR" +"M Laxmikanth obtained his postgraduate degree in Political" +"Science from Osmania University in 1989. He is the former" +"founder and director of an erstwhile coaching institute called" +"Laxmikanth’s IAS Academy, Hyderabad. Other books authored by" +"him include Governance in India, Objective Indian Polity," +"Public Administration and Constitution of India." +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"INDIAN POLITY" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"For Civil Services and Other State" +"Examinations" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Sixth Edition" +"" +"" +"" +"" +"M Laxmikanth" +"Former Founder-Director" +"Laxmikanth’s IAS Academy (Closed)" +"Hyderabad" +"" +"" +"" +"" +"McGraw Hill Education (India) Private Limited" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Published by McGraw Hill Education (India) Private Limited" +"444/1, Sri Ekambara Naicker Industrial Estate, Alapakkam, Porur, Chennai -" +"600 116" +"" +"Indian Polity, 6/e" +"" +"Copyright © 2020, 2017, 2013, 2010, 2007, 2004, McGraw Hill Education" +"(India) Private Limited." +"" +"No part of this publication may be reproduced or distributed in any form or" +"by any means, electronic, mechanical, photocopying, recording, or" +"otherwise or stored in a database or retrieval system without the prior" +"written permission of the publishers. The program listings (if any) may be" +"entered, stored and executed in a computer system, but they may not be" +"reproduced for publication." +"" +"This edition can be exported from India only by the publishers," +"McGraw Hill Education (India) Private Limited" +"" +"1 2 3 4 5 6 7 8 9 7101351 23 22 21 20 19" +"" +"Printed and bound in India" +"" +"ISBN (13): 978-93-89538-47-2" +"ISBN (10): 93-89538-47-5" +"" +"Information contained in this work has been obtained by McGraw Hill" +"Education (India), from sources believed to be reliable. However, neither" +"McGraw Hill Education (India) nor its authors guarantee the accuracy or" +"completeness of any information published herein, and neither McGraw" +"Hill Education (India) nor its authors shall be responsible for any errors," +"omissions, or damages arising out of use of this information. This work is" +"published with the understanding that McGraw Hill Education (India) and" +"its authors are supplying information but are not attempting to render" +"engineering or other professional services. If such services are required," +"the assistance of an appropriate professional should be sought." +"" +"Typeset at TNQ Technologies Pvt. Ltd., 4/600, Phase II, Dr Vikram" +"Sarabhai Instronics Estate, Kottivakkam, Chennai 600 041 and printed at" +"Rajkamal Electric Press, Plot No. No. 2, Phase-IV, Kundli, Haryana." +"" +"Cover Designer: Creative Designer" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"DQBLCDLTDLXBD" +"" +"visit us at: www.mheducation.co.in" +"" +"Write to us at: info.india@mheducation.com" +"" +"CIN: U80302TN2010PTC111532" +"" +"Toll Free Number: 1800 103 5875" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Dedicated" +"to" +"My Wife" +"Mamadgi Vidya" +"and" +"My Daughters" +"Mamadgi Anjali" +"Mamadgi Aishwarya" +"and" +"My Native Place" +"Dhanasiri (Zaheerabad – Telangana)" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Preface to the" +"Sixth Edition" +"" +"" +"I am pleased to place before the readers a thoroughly revised," +"enlarged and updated edition of this widely read book on Indian" +"Polity." +"In 2011 and 2013, the UPSC changed the pattern and syllabus" +"of the preliminary and main examinations, respectively. Both" +"times, the scope of Indian Polity has been considerably increased." +"Hence, this new edition of the book is more relevant now and is" +"aimed to meet the expanded needs of the aspirants." +"In the course of revision and updation of this edition of the" +"book, various new developments related to the subject, like recent" +"constitutional amendments, parliamentary legislations, executive" +"decisions and supreme court judgments, have been taken into" +"account." +"Changes in this Edition:" +"1. Addition of 6 new chapters." +"2. Inclusion of 2017, 2018 and 2019 preliminary questions with" +"answers." +"3. Inclusion of 2016, 2017, 2018 and 2019 mains questions." +"4. Updation of the year-wise break-up of the UPSC questions" +"in the preliminary and main examinations." +"5. Inclusion of additional updated information on a number of" +"topics." +"6. New items included in various chapters." +"New Chapters:" +"1. Goods and Services Tax Council" +"2. National Commission for Backward Classes" +"3. National Investigation Agency" +"4. National Disaster Management Authority" +"5. Role of Regional Parties" +"6. Coalition Government" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"I firmly believe that this is now a very comprehensive and" +"updated manual. It is a matter of immense satisfaction that the" +"previous five editions of this book have received an overwhelming" +"response from readers. I am confident that readers would" +"continue to repose their faith in this edition as well." +"Constructive comments and concrete suggestions to further" +"improve the book are welcome and shall be gratefully" +"acknowledged." +"M. LAXMIKANTH" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Preface to the" +"First Edition" +"" +"" +"I have great pleasure in placing this book before the aspirants of" +"the top administrative services. The book has been written to" +"meet the growing requirements of the candidates appearing for" +"the Civil Services Examinations (Preliminary and Main) conducted" +"by the Union Public Service Commission. It directly and fully" +"covers the Indian Polity section of the paper on General Studies" +"and is also useful for certain optional subjects like Public" +"Administration, Political Science, Law, Sociology and" +"Anthropology." +"This comprehensive volume would enable the readers to" +"acquire a complete and detailed understanding of the subject. It" +"covers all dimensions (constitutional, non-constitutional, political" +"and administrative) of the subject. My first-hand experience of" +"coaching the candidates for the Civil Services Examinations has" +"been a great source of inspiration and has helped me immensely" +"in writing this book." +"An effort has been made to make the contents of the book" +"relevant, authentic, and up-to-date. The constitutional provisions" +"are explained in the light of the debates of the Constituent" +"Assembly of India as well as the judgements of the Supreme" +"Court and the high courts. I have also used tables to make the" +"presentation more clear. The Appendices, provided at the end of" +"the book, serve as a reference section." +"I welcome all constructive comments and concrete suggestions" +"from the readers of this book." +"M. LAXMIKANTH" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Acknowledgements" +"" +"" +"D uring the course of writing this book, I have received help," +"encouragement and assistance from my teachers, students," +"family members, colleagues, friends, library staff and others." +"I am thankful to all of them." +"I am particularly grateful to my wife, Smt. M. Vidya, for the" +"encouragement and support that she provided during the" +"preparation of the book." +"I am deeply indebted to the eminent political scientists and" +"constitutional experts (Granville Austin, Moris Jones, K.C." +"Wheare, Rajni Kothari, Paul Appleby, K. Santhanam, N.A." +"Palkhivala, Soli Sorabji, D.D. Basu, V.N. Shukla, M.P. Jain," +"Subhash Kashyap) and other scholars of repute whose valuable" +"works have been highly useful in the writing of this book." +"My thanks are also due to Mr. Tanmoy Roychowdhury, Mr." +"Deepak Singh, Ms. Shukti Mukherjee, Ms. Shalini Jha, Ms." +"Shreya Soni and Ms. Anjali Chakravarty of McGraw Hill India" +"Private Limited for their unstinted cooperation in bringing out this" +"updated edition on time." +"M. LAXMIKANTH" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Year-Wise Break-up of the UPSC" +"Questions on Indian Polity" +"(General Studies—Prelims)" +"" +"" +"Sl.No. Year No. of Questions Asked" +"1. 2000 12" +"2. 2001 12" +"3. 2002 19" +"4. 2003 19" +"5. 2004 22" +"6. 2005 10" +"7. 2006 13" +"8. 2007 12" +"9. 2008 13" +"10. 2009 14" +"11. 2010 10" +"12. 2011 12" +"13. 2012 20" +"14. 2013 18" +"15. 2014 13" +"16. 2015 15" +"17. 2016 06" +"18. 2017 22" +"19. 2018 15" +"20. 2019 15" +"Note I: In 2011, the UPSC changed the pattern and syllabus of" +"the Preliminary Examination. In the new scheme, the Indian Polity" +"section has been renamed as “Indian Polity and Governance”. It" +"covers Constitution, Political System, Panchayati Raj, Public" +"Policy, Rights Issues, etc. Also, now each question carries two" +"marks (previously one mark)." +"Note II: In the above table, the number of questions asked on" +"“Governance” (since 2011) are also included." +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Year-Wise Break-up of the UPSC" +"Marks on Indian Polity" +"(General Studies—Mains)" +"" +"" +"Sl.No. Year No. of Questions Asked" +"1. 2000 130" +"2. 2001 100" +"3. 2002 130" +"4. 2003 100" +"5. 2004 100" +"6. 2005 100" +"7. 2006 100" +"8. 2007 100" +"9. 2008 130" +"10. 2009 66" +"11. 2010 66" +"12. 2011 111" +"13. 2012 47" +"14. 2013 100" +"15. 2014 88" +"16. 2015 100" +"17. 2016 112" +"18. 2017 110" +"19. 2018 125" +"20. 2019 125" +"Note I: In 2013, the UPSC changed the pattern and syllabus of" +"the Main Examination. In the new scheme, a separate and full" +"paper on “Governance, Constitution, Polity, Social Justice and" +"International Relations” has been introduced. It carries 250 marks." +"Note II: In the above table, the number of marks allotted to the" +"questions relating to the “Governance Social Justice and" +"International Relations” (since 2013) are not included." +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"About the Civil Services" +"Examination" +"The Civil Services examination comprises two successive" +"stages:" +"(i) Civil Services (Preliminary) Examination (Objective Type) for" +"the selection of candidates for Main Examination; and" +"(ii) Civil Services (Main) Examination (Written and Interview) for" +"the selection of candidates for the various services and posts." +"Scheme and subjects for the Preliminary and Main" +"Examination." +"" +"A. PRELIMINARY EXAMINATION" +"The Examination shall comprise two compulsory Papers of 200" +"marks each." +"Note:" +"(i) Both the question papers will be of the objective type (multiple" +"choice questions)." +"(ii) The question papers will be set both in Hindi and English." +"However, questions relating to English Language" +"Comprehension Skills of Class X level will be tested through" +"passages from English language only without providing Hindi" +"translation thereof in the question paper." +"" +"B. MAIN EXAMINATION" +"The written examination will consist of the following papers:" +"" +"Qualifying Papers:" +"Paper A: (One of the Indian Language to be selected by the" +"candidate from the Languages included in the Eighth Schedule to" +"the Constitution)." +"300 Marks" +"Paper B: English" +"300 Marks" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"The papers on Indian Languages and English (Paper A and Paper" +"B) will be of Matriculation or equivalent standard and will be of" +"qualifying nature. The marks obtained in these papers will not be" +"counted for ranking." +"Papers to be counted for merit" +"Paper I: Essay" +"250 Marks" +"Paper II: General Studies–I" +"(Indian Heritage and Culture, History and Geography of the World" +"and Society)" +"250 Marks" +"Paper III: General Studies –II" +"250 Marks" +"(Governance, Constitution, Polity, Social Justice and International" +"Relations)" +"Paper IV: General Studies –III" +"250 Marks" +"(Technology, Economic Development, Bio-diversity, Environment," +"Security and Disaster Management)" +"Paper V: General Studies –IV" +"250 Marks" +"(Ethics, Integrity and Aptitude)" +"Paper VI: Optional Subject – Paper 1" +"250 Marks" +"Paper VII: Optional Subject – Paper 2" +"250 Marks" +"Sub Total (Written test):" +"1750 Marks" +"Personality Test:" +"275 Marks" +"Grand Total:" +"2025 Marks" +"Candidates may choose any one of the optional subjects" +"from amongst the list of subjects given below:" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"List of optional subjects for Main Examination:" +"(i) Agriculture" +"(ii) Animal Husbandry and Veterinary Science" +"(iii) Anthropology" +"(iv) Botany" +"(v) Chemistry" +"(vi) Civil Engineering" +"(vii) Commerce and Accountancy" +"(viii) Economics" +"(ix) Electrical Engineering" +"(x) Geography" +"(xi) Geology" +"(xii) History" +"(xiii) Law" +"(xiv) Management" +"(xv) Mathematics" +"(xvi) Mechanical Engineering" +"(xvii) Medical Science" +"(xviii) Philosophy" +"(xix) Physics" +"(xx) Political Science and International Relations" +"(xxi) Psychology" +"(xxii) Public Administration" +"(xxiii) Sociology" +"(xxiv) Statistics" +"(xxv) Zoology" +"(xxvi) Literature of any one of the following" +"Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada," +"Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali," +"Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, Urdu and" +"English." +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Contents" +"" +"Preface to the Sixth Edition" +"Preface to the First Edition" +"Acknowledgements" +"Year-Wise Break-up of the UPSC Questions on Indian Polity" +"(General Studies—Prelims)" +"Year-Wise Break-up of the UPSC Marks on Indian Polity (General" +"Studies—Mains)" +"About the Civil Services Examination" +"List of Tables" +"" +"PART-I" +"Constitutional Framework" +"" +"1 Historical Background" +"The Company Rule (1773–1858)" +"The Crown Rule (1858–1947)" +"Notes and References" +"" +"2 Making of the Constitution" +"Demand for a Constituent Assembly" +"Composition of the Constituent Assembly" +"Working of the Constituent Assembly" +"Committees of the Constituent Assembly" +"Enactment of the Constitution" +"Enforcement of the Constitution" +"Experts Committee of the Congress" +"Criticism of the Constituent Assembly" +"Important Facts" +"Hindi Text of the Constitution" +"Notes and References" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"3 Salient Features of the Constitution" +"Salient Features of the Constitution" +"Criticism of the Constitution" +"Notes and References" +"" +"4 Preamble of the Constitution" +"Text of the Preamble" +"Ingredients of the Preamble" +"Key Words in the Preamble" +"Significance of the Preamble" +"Preamble as Part of the Constitution" +"Amendability of the Preamble" +"Notes and References" +"" +"5 Union and its Territory" +"Union of States" +"Parliament’s Power to Reorganise the States" +"Exchange of Territories with Bangladesh" +"Evolution of States and Union Territories" +"Notes and References" +"" +"6 Citizenship" +"Meaning and Significance" +"Constitutional Provisions" +"Citizenship Act, 1955" +"Single Citizenship" +"Overseas Citizenship of India" +"Notes and References" +"" +"7 Fundamental Rights" +"Features of Fundamental Rights" +"Definition of State" +"Laws Inconsistent with Fundamental Rights" +"Right to Equality" +"Right to Freedom" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Right Against Exploitation" +"Right to Freedom of Religion" +"Cultural and Educational Rights" +"Right to Constitutional Remedies" +"Writs—Types and Scope" +"Armed Forces and Fundamental Rights" +"Martial Law and Fundamental Rights" +"Effecting Certain Fundamental Rights" +"Present Position of Right to Property" +"Exceptions to Fundamental Rights" +"Criticism of Fundamental Rights" +"Significance of Fundamental Rights" +"Rights Outside Part III" +"Notes and References" +"" +"8 Directive Principles of State Policy" +"Features of the Directive Principles" +"Classification of the Directive Principles" +"New Directive Principles" +"Sanction Behind Directive Principles" +"Criticism of the Directive Principles" +"Utility of Directive Principles" +"Conflict Between Fundamental Rights and Directive" +"Principles" +"Implementation of Directive Principles" +"Directives Outside Part IV" +"Notes and References" +"" +"9 Fundamental Duties" +"Swaran Singh Committee Recommendations" +"List of Fundamental Duties" +"Features of the Fundamental Duties" +"Criticism of Fundamental Duties" +"Significance of Fundamental Duties" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Verma Committee Observations" +"Notes and References" +"" +"10 Amendment of the Constitution" +"Procedure for Amendment" +"Types of Amendments" +"Criticism of the Amendment Procedure" +"Notes and References" +"" +"11 Basic Structure of the Constitution" +"Emergence of the Basic Structure" +"Elements of the Basic Structure" +"Notes and References" +"" +"PART-II" +"System of Government" +"" +"12 Parliamentary System" +"Features of Parliamentary Government" +"Features of Presidential Government" +"Merits of the Parliamentary System" +"Demerits of the Parliamentary System" +"Reasons for Adopting Parliamentary System" +"Distinction between Indian and British Models" +"Notes and References" +"" +"13 Federal System" +"Federal Features of the Constitution" +"Unitary Features of the Constitution" +"Critical Evaluation of the Federal System" +"Notes and References" +"" +"14 Centre–State Relations" +"Legislative Relations" +"Administrative Relations" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Financial Relations" +"Trends in Centre–State Relations" +"Notes and References" +"" +"15 Inter-State Relations" +"Inter-State Water Disputes" +"Inter-State Councils" +"Public Acts, Records and Judicial Proceedings" +"Inter-State Trade and Commerce" +"Zonal Councils" +"Notes and References" +"" +"16 Emergency Provisions" +"National Emergency" +"President’s Rule" +"Financial Emergency" +"Criticism of the Emergency Provisions" +"Notes and References" +"" +"PART-III" +"Central Government" +"" +"17 President" +"Election of the President" +"Qualifications, Oath and Conditions" +"Term, Impeachment and Vacancy" +"Powers and Functions of the President" +"Veto Power of the President" +"Ordinance-Making Power of the President" +"Pardoning Power of the President" +"Constitutional Position of the President" +"Notes and References" +"" +"18 Vice-President" +"Election" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Qualifications, Oath and Conditions" +"Term and Vacancy" +"Powers and Functions" +"Indian and American Vice-Presidents Compared" +"Notes and References" +"" +"19 Prime Minister" +"Appointment of the Prime Minister" +"Oath, Term and Salary" +"Powers and Functions of the Prime Minister" +"Role Descriptions" +"Relationship with the President" +"Chief Ministers who became Prime Ministers" +"Notes and References" +"" +"20 Central Council of Ministers" +"Constitutional Provisions" +"Nature of Advice by Ministers" +"Appointment of Ministers" +"Oath and Salary of Ministers" +"Responsibility of Ministers" +"Composition of the Council of Ministers" +"Council of Ministers vs Cabinet" +"Role of Cabinet" +"Role Descriptions" +"Kitchen Cabinet" +"Notes and References" +"" +"21 Cabinet Committees" +"Features of Cabinet Committees" +"List of Cabinet Committees" +"Functions of Cabinet Committees" +"Groups of Ministers" +"Notes and References" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"22 Parliament" +"Organisation of Parliament" +"Composition of the Two Houses" +"System of Elections to Lok Sabha" +"Duration of Two Houses" +"Membership of Parliament" +"Presiding Officers of Parliament" +"Leaders in Parliament" +"Sessions of Parliament" +"Devices of Parliamentary Proceedings" +"Legislative Procedure in Parliament" +"Joint Sitting of Two Houses" +"Budget in Parliament" +"Multifunctional Role of Parliament" +"Ineffectiveness of Parliamentary Control" +"Position of Rajya Sabha" +"Parliamentary Privileges" +"Sovereignty of Parliament" +"Notes and References" +"" +"23 Parliamentary Committees" +"Meaning" +"Classification" +"Financial Committees" +"Departmental Standing Committees" +"Committees to Inquire" +"Committees to Scrutinise and Control" +"Committees Relating to the Day-to-Day Business of the" +"House" +"House-Keeping Committees" +"Consultative Committees" +"Notes and References" +"" +"24 Parliamentary Forums" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Establishment of the Forums" +"Objectives of the Forums" +"Composition of the Forums" +"Functions of the Forums" +"Notes and References" +"" +"25 Parliamentary Group" +"Rationale of the Group" +"Composition of the Group" +"Objectives of the Group" +"Functions of the Group" +"The Group and IPU" +"The Group and CPA" +"Notes and References" +"" +"26 Supreme Court" +"Composition and Appointment" +"Qualifications, Oath and Salaries" +"Tenure and Removal" +"Acting, Adhoc and Retired Judges" +"Seat and Procedure" +"Independence of Supreme Court" +"Jurisdiction and Powers of Supreme Court" +"Supreme Court Advocates" +"Notes and References" +"" +"27 Judicial Review" +"Meaning of Judicial Review" +"Importance of Judicial Review" +"Constitutional Provisions for Judicial Review" +"Scope of Judicial Review" +"Judicial Review of the Ninth Schedule" +"Notes and References" +"" +"28 Judicial Activism" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Meaning of Judicial Activism" +"Judicial Review and Judicial Activism" +"Justification of Judicial Activism" +"Activators of Judicial Activism" +"Apprehensions of Judicial Activism" +"Judicial Activism vs. Judicial Restraint" +"Notes and References" +"" +"29 Public Interest Litigation" +"Meaning of PIL" +"Features of PIL" +"Scope of PIL" +"Principles of PIL" +"Guidelines for Admitting PIL" +"Notes and References" +"" +"PART-IV" +"State Government" +"" +"30 Governor" +"Appointment of Governor" +"Conditions of Governor’s Office" +"Term of Governor’s Office" +"Powers and Functions of Governor" +"Constitutional Position of Governor" +"Notes and References" +"" +"31 Chief Minister" +"Appointment of Chief Minister" +"Oath, Term and Salary" +"Powers and Functions of Chief Minister" +"Relationship with the Governor" +"Notes and References" +"" +"32 State Council of Ministers" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Constitutional Provisions" +"Nature of Advice by Ministers" +"Appointment of Ministers" +"Oath and Salary of Ministers" +"Responsibility of Ministers" +"Composition of the Council of Ministers" +"Cabinet" +"Notes and References" +"" +"33 State Legislature" +"Organisation of State Legislature" +"Composition of Two Houses" +"Duration of Two Houses" +"Membership of State Legislature" +"Presiding Officers of State Legislature" +"Sessions of State Legislature" +"Legislative Procedure in State Legislature" +"Position of Legislative Council" +"Privileges of State Legislature" +"Notes and References" +"" +"34 High Court" +"Composition and Appointment" +"Qualifications, Oath and Salaries" +"Tenure, Removal and Transfer" +"Acting, Additional and Retired Judges" +"Independence of High Court" +"Jurisdiction and Powers of High Court" +"Notes and References" +"" +"35 Tribunals" +"Administrative Tribunals" +"Tribunals for Other Matters" +"Notes and References" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"36 Subordinate Courts" +"Constitutional Provisions" +"Structure and Jurisdiction" +"National Legal Services Authority" +"Lok Adalats" +"Permanent Lok Adalats" +"Family Courts" +"Gram Nyayalayas" +"Notes and References" +"" +"37 Special Provisions for Some States" +"Provisions for Maharashtra and Gujarat" +"Provisions for Nagaland" +"Provisions for Assam and Manipur" +"Provisions for Andhra Pradesh or Telangana" +"Provisions for Sikkim" +"Provisions for Mizoram" +"Provisions for Arunachal Pradesh and Goa" +"Provisions for Karnataka" +"Notes and References" +"" +"PART-V" +"Local Government" +"" +"38 Panchayati Raj" +"Evolution of Panchayati Raj" +"73rd Amendment Act of 1992" +"Compulsory and Voluntary Provisions" +"PESA Act of 1996 (Extension Act)" +"Finances of Panchayati Raj" +"Reasons for Ineffective Performance" +"Notes and References" +"" +"39 Municipalities" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Evolution of Urban Bodies" +"74th Amendment Act of 1992" +"Types of Urban Governments" +"Municipal Personnel" +"Municipal Revenue" +"Central Council of Local Government" +"Notes and References" +"" +"PART-VI" +"Union Territories and Special Areas" +"" +"40 Union Territories" +"Creation of Union Territories" +"Administration of Union Territories" +"Special Provisions for Delhi" +"Advisory Committees of Union Territories" +"Notes and References" +"" +"41 Scheduled and Tribal Areas" +"Administration of Scheduled Areas" +"Administration of Tribal Areas" +"Notes and References" +"" +"PART-VII" +"Constitutional Bodies" +"" +"42 Election Commission" +"Composition" +"Independence" +"Powers and Functions" +"Vision, Mission and Principles" +"Notes and References" +"" +"43 Union Public Service Commission" +"Composition" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Removal" +"Independence" +"Functions" +"Limitations" +"Role" +"Notes and References" +"" +"44 State Public Service Commission" +"Composition" +"Removal" +"Independence" +"Functions" +"Limitations" +"Role" +"Joint State Public Service Commission" +"Notes and References" +"" +"45 Finance Commission" +"Composition" +"Functions" +"Advisory Role" +"Notes and References" +"" +"46 Goods and Services Tax Council" +"Establishment of the Council" +"Vision and Mission of the Council" +"Composition of the Council" +"Working of the Council" +"Functions of the Council" +"Other Functions of the Council" +"Notes and References" +"" +"47 National Commission for SCs" +"Evolution of the Commission" +"Functions of the Commission" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Report of the Commission" +"Powers of the Commission" +"Notes and References" +"" +"48 National Commission for STs" +"Separate Commission for STs" +"Functions of the Commission" +"Other Functions of the Commission" +"Report of the Commission" +"Powers of the Commission" +"Notes and References" +"" +"49 National Commission for BCs" +"Establishment of the Commission" +"Functions of the Commission" +"Report of the Commission" +"Powers of the Commission" +"Notes and References" +"" +"50 Special Officer for Linguistic Minorities" +"Constitutional Provisions" +"Commissioner for Linguistic Minorities" +"Role of the Commissioner" +"Vision and Mission" +"Functions and Objectives" +"Notes and References" +"" +"51 Comptroller and Auditor General of India" +"Appointment and Term" +"Independence" +"Duties and Powers" +"Role" +"Cag and Corporations" +"Appleby’s Criticism" +"Notes and References" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"52 Attorney General of India" +"Appointment and Term" +"Duties and Functions" +"Rights and Limitations" +"Solicitor General of India" +"Notes and References" +"" +"53 Advocate General of the State" +"Appointment and Term" +"Duties and Functions" +"Notes and References" +"" +"PART-VIII" +"Non-Constitutional Bodies" +"" +"54 NITI Aayog" +"Establishment" +"Rationale" +"Composition" +"Specialised Wings" +"Objectives" +"Functions" +"Guiding Principles" +"Cooperative Federalism" +"Criticism" +"Attached Offices" +"Erstwhile Planning Commission" +"National Development Council" +"Notes and References" +"" +"55 National Human Rights Commission" +"Establishment of the Commission" +"Composition of the Commission" +"Functions of the Commission" +" https://telegram.me/pdf4exams/ Downloaded From https://telegram.me/testseries4exams/" +"" +"" +"" +"" +"Working of the Commission" +"Role of the Commission" +"Performance of the Commission" +"Notes and References" +"" +"56 State Human Rights Commission" +"Composition of the Commission" +"Functions of the Commission" +"Working of the Commission" +"Human Rights Courts" +"2019 Amendment Act" +"Notes and References" +"" +"57 Central Information Commission" +"Composition" +"Tenure and Service Conditions" +"Powers and Functions" +"Notes and References" +"" +"58 State Information Commission" +"Composition" +"Tenure and Service Conditions" +"Powers and Functions" +"RTI Amendment Act, 2019" +"Notes and References" +"" +"59 Central Vigilance Commission" +"Establishment" +"Composition" +"Organisation" +"Functions" +"Jurisdiction" +"Working" +"Vigilance Units in the Ministries" +"Whistle Blowers Protection Act (2014)" +" Notes and References" +"" +"60 Central Bureau of Investigation" +"Establishment of CBI" +"Motto, Mission and Vision of CBI" +"Organisation of CBI" +"Composition of CBI" +"Functions of CBI" +"Provision of Prior Permission" +"CBI vs. State Police" +"CBI Academy" +"Notes and References" +"" +"61 Lokpal and Lokayuktas" +"Global Scenario" +"Position in India" +"Lokpal" +"Lokpal and Lokayuktas Act (2013)" +"Lokayuktas" +"Notes and References" +"" +"62 National Investigation Agency" +"Establishment of the NIA" +"Rationale of the NIA" +"Functions of the NIA" +"Vision of the NIA" +"Mission of the NIA" +"Jurisdiction of the NIA" +"NIA (Amendment) Act, 2019" +"Notes and References" +"" +"63 National Disaster Management Authority" +"Establishment of the NDMA" +"Objectives of the NDMA" +"Functions of the NDMA" +" Additional Functions of the NDMA" +"State Disaster Management Authority" +"District Disaster Management Authority" +"Notes and References" +"" +"PART-IX" +"Other Constitutional Dimensions" +"" +"64 Co-operative Societies" +"Constitutional Provisions" +"Reasons for the 97th Amendment" +"Notes and References" +"" +"65 Official Language" +"Language of the Union" +"Regional Languages" +"Language of the Judiciary and Texts of Laws" +"Special Directives" +"Committee of Parliament on Official Language" +"Classical Language Status" +"Notes and References" +"" +"66 Public Services" +"Classification of Services" +"Constitutional Provisions" +"Notes and References" +"" +"67 Rights and Liabilities of the Government" +"Property of the Union and the States" +"Suits by or Against the Government" +"Suits Against Public Officials" +"Notes and References" +"" +"68 Special Provisions Relating to Certain Classes" +"Rationale of Special Provisions" +" Specification of Classes" +"Components of Special Provisions" +"Notes and References" +"" +"PART-X" +"Political Dynamics" +"" +"69 Political Parties" +"Meaning and Types" +"Party System in India" +"Recognition of National and State Parties" +"Notes and References" +"" +"70 Role of Regional Parties" +"Features of Regional Parties" +"Classification of Regional Parties" +"Rise of Regional Parties" +"Role of Regional Parties" +"Dysfunctions of Regional Parties" +"Notes and References" +"" +"71 Elections" +"Electoral System" +"Election Machinery" +"Election Process" +"Notes and References" +"" +"72 Election Laws" +"Representation of the People Act, 1950" +"Representation of the People Act, 1951" +"Delimitation Act, 2002" +"Other Acts Relating to Elections" +"Rules Relating to Elections" +"Orders Relating to Elections" +"Notes and References" +" 73 Electoral Reforms" +"Committees Related to Electoral Reforms" +"Electoral Reforms Before 1996" +"Electoral Reforms of 1996" +"Electoral Reforms After 1996" +"Electoral Reforms Since 2010" +"Notes and References" +"" +"74 Voting Behaviour" +"Meaning of Voting Behaviour" +"Significance of Voting Behaviour" +"Determinants of Voting Behaviour" +"Role of Media in Elections and Voting Behaviour" +"Notes and References" +"" +"75 Coalition Government" +"Meaning of Coalition Government" +"Features of Coalition Government" +"Formation of Coalition Governments" +"Merits of Coalition Government" +"Demerits of Coalition Government" +"Notes and References" +"" +"76 Anti-Defection Law" +"Provisions of the Act" +"Evaluation of the Act" +"91st Amendment Act (2003)" +"Notes and References" +"" +"77 Pressure Groups" +"Meaning and Techniques" +"Pressure Groups in India" +"Notes and References" +"" +"78 National Integration" +" Meaning of National Integration" +"Obstacles to National Integration" +"National Integration Council" +"National Foundation for Communal Harmony" +"Notes and References" +"" +"79 Foreign Policy" +"Principles of Indian Foreign Policy" +"Objectives of Indian Foreign Policy" +"Gujral Doctrine of India" +"Nuclear Doctrine of India" +"Connect Central Asia Policy of India" +"Act East Policy of India" +"Notes and References" +"" +"PART-XI" +"Working of the Constitution" +"" +"80 National Commission to Review the Working of the" +"Constitution" +"I. Terms of Reference of the Commission" +"II. Fifty Years of Working of the Constitution" +"III. Areas of Concern: Commission’s Perception" +"IV. Recommendations of the Commission" +"V. Earlier Efforts to Review the Constitution" +"Notes and References" +"" +"Appendices" +"" +"Appendix I: Articles of the Constitution (1–395)" +"Appendix II: Subjects of Union, State and Concurrent Lists" +"Appendix III: Table of Precedence" +"Appendix IV: Constitutional Amendments at a Glance" +"Appendix V: Presidents, Vice-Presidents, Prime Ministers, etc." +" Appendix VI: Chairpersons of the National Commissions" +"Appendix VII: UPSC Questions on Indian Polity (General Studies" +"—Prelims 2010–2019)" +"Appendix VIII: Practice Questions on Indian Polity (General" +"Studies—Prelims)" +"Appendix IX: UPSC Questions on Indian Polity (General Studies" +"—Mains 2010–2019)" +"Appendix X: Practice Questions on Indian Polity (General Studies" +"—Mains)" +"" +"Additional reading material available at the weblink given below:" +"http://www.mhhe.com./indianpolity6e" +"" +"1. Oath by the Constitutional and Other Authorities" +"2. Definitions Under the Constitution" +"3. Allied Amending Acts at a Glance" +"4. Model Code of Conduct Relating to Elections" +"5. Representation of the People Act, 1950 at a Glance" +"6. Representation of the People Act, 1951 at a Glance" +"7. Flag Code of India" +"8. UPSC Questions on Indian Polity (General Studies—" +"Prelims 2000–2009)" +"9. UPSC Questions on Indian Polity (General Studies—Mains" +"2000–2009)" +" List of Tables" +"" +"Table 1.1 Interim Government (1946)" +"Table 1.2 First Cabinet of Free India (1947)" +"Table 2.1 Allocation of seats in the Constituent Assembly of" +"India (1946)" +"Table 2.2 Results of the Elections to the Constituent Assembly" +"(July–August 1946)" +"Table 2.3 Community-wise Representation in the Constituent" +"Assembly (1946)" +"Table 2.4 State-wise Membership of the Constituent Assembly" +"of India as on December 31, 1947" +"Table 2.5 Sessions of the Constituent Assembly at a Glance" +"Table 2.6 Time Taken by the Framers of Other Constitutions" +"Table 2.7 Articles Related to Short Title, Commencement, Hindi" +"Text and Repeals at a Glance" +"Table 3.1 The Constitution of India at a Glance" +"Table 3.2 Important Articles of the Constitution at a Glance" +"Table 3.3 Schedules of the Constitution at a Glance" +"Table 3.4 Sources of the Constitution at a Glance" +"Table 5.1 Territory of India in 1950" +"Table 5.2 Original Parts of the Constitution Dealing with States" +"and Territories" +"Table 5.3 Territory of India in 1956" +"Table 5.4 Territory of India in 2019" +"Table 5.5 Laws Made by Parliament Under Article 3 of the" +"Constitution" +"Table 5.6 Articles Related to Union and its Territory at a Glance" +"Table 6.1 Comparing NRI, PIO and OCI Cardholder" +"Table 6.2 Articles Related to Citizenship at a Glance" +"Table 7.1 Fundamental Rights at a Glance" +"Table 7.2 Fundamental Rights (FR) of Foreigners" +" Table 7.3 Martial Law Vs National Emergency" +"Table 7.4 Articles Related to Fundamental Rights at a Glance" +"Table 8.1 Distinction Between Fundamental Rights and" +"Directive Principles" +"Table 8.2 Articles Related to Directive Principles of State Policy" +"at a Glance" +"Table 11.1 Evolution of the Basic Structure of the Constitution" +"Table 12.1 Comparing Parliamentary and Presidential Systems" +"Table 13.1 Comparing Features of Federal and Unitary" +"Governments" +"Table 14.1 Articles Related to Centre-State Legislative Relations" +"at a Glance" +"Table 14.2 Articles Related to Centre-State Administrative" +"Relations at a Glance" +"Table 14.3 Articles Related to Centre-State Financial Relations" +"at a Glance" +"Table 15.1 Inter-State Water Dispute Tribunals Set-up So Far" +"Table 15.3 Articles Related to Inter-State Relations at a Glance" +"Table 15.2 Zonal Councils at a Glance" +"Table 16.1 Comparing National Emergency and President’s" +"Rule" +"Table 16.2 Imposition of President’s Rule (1951–2019)" +"Table 16.3 Articles Related to Emergency Provisions at a" +"Glance" +"Table 17.1 Elections of the Presidents (1952–2017)" +"Table 17.2 Veto Power of the President At a Glance" +"Table 17.3 Articles Related to President at a Glance" +"Table 18.1 Elections of the Vice-Presidents (1952–2017)" +"Table 18.2 Articles Related to Vice-President at a Glance" +"Table 19.1 Articles Related to Prime Minister at a Glance" +"Table 20.1 Distinction Between Council of Ministers and Cabinet" +"Table 20.2 Articles Related to Central Council of Ministers at a" +"Glance" +"Table 22.1 Adjournment vs Prorogation" +" Table 22.2 Censure Motion vs No Confidence Motion" +"Table 22.3 Public Bill vs Private Bill" +"Table 22.4 Ordinary Bill vs Money Bill" +"Table 22.5 Allocation of Seats in Parliament for States and" +"Union Territories (2019)" +"Table 22.6 Seats Reserved for SCs and STs in the Lok Sabha" +"(2019)" +"Table 22.7 Durations of the Lok Sabha (from First Lok Sabha to" +"Present Lok Sabha)" +"Table 22.8 Speakers of the Lok Sabha (from First Lok Sabha to" +"Present Lok Sabha)" +"Table 22.9 Articles Related to Parliament at a Glance" +"Table 23.1 Departmental Standing Committees and their" +"Jurisdiction (2019)" +"Table 26.1 Comparing Indian and American Supreme Courts" +"Table 26.2 Articles Related to Supreme Court at a Glance" +"Table 27.1 Number of Acts and Regulations Included in the" +"Ninth Schedule" +"Table 30.1 Comparing Veto Powers of President and Governor" +"Table 30.2 Comparing Ordinance-Making Power of President" +"and Governor" +"Table 30.3 Comparing Pardoning Powers of President and" +"Governor" +"Table 30.4 Articles Related to Governor at a Glance" +"Table 31.1 Articles Related to Chief Minister at a Glance" +"Table 32.1 Articles Related to State Council of Ministers at a" +"Glance" +"Table 33.1 Comparing Legislative Procedure in the Parliament" +"and State Legislature" +"Table 33.2 Strength of Legislative Assemblies and Legislative" +"Councils (2019)" +"Table 33.3 Seats Reserved for SCs and STs in the Legislative" +"Assemblies (2019)" +"Table 33.4 Articles Related to State Legislature at a Glance" +" Table 33.5 Laws made by Parliament under Article 169 of the" +"Constitution" +"Table 34.1 Name and Jurisdiction of High Courts" +"Table 34.2 Articles Related to High Courts at a Glance" +"Table 35.1 Name and Jurisdiction of Benches of CAT" +"Table 35.2 Circuit Sittings of Benches of CAT" +"Table 35.3 Articles Related to Tribunals at a Glance" +"Table 36.1 Articles Related to Subordinate Courts at a Glance" +"Table 37.1 Articles Related to Special Provisions for some" +"States at a Glance" +"Table 38.1 Study Teams and Committees on Panchayati Raj" +"Table 38.2 Articles Related to Panchayats at a Glance" +"Table 38.3 Name of Panchayati Raj Institutions in the States" +"(2019)" +"Table 38.4 Milestones in the Evolution of Panchayati Raj" +"Table 38.5 Committees Related to Panchayati Raj (After" +"Constitutionalisation)" +"Table 39.1 Committees and Commissions on Urban Local" +"Governments" +"Table 39.2 Classification of Cantonment Boards" +"Table 39.3 Articles Related to Municipalities at a Glance" +"Table 39.4 Name of Urban Local Bodies in the States (2019)" +"Table 40.1 Administrative System of Union Territories at a" +"Glance" +"Table 40.2 Comparing States and Union Territories" +"Table 40.3 Articles Related to Union Territories at a Glance" +"Table 41.1 Tribal Areas at a Glance (2019)" +"Table 41.2 Articles Related to Scheduled and Tribal Areas at a" +"Glance" +"Table 41.3 Parliamentary Laws Related to the Fifth and Sixth" +"Schedules of the Constitution" +"Table 43.1 Articles Related to UPSC at a Glance" +"Table 44.1 Articles Related to SPSC at a Glance" +"Table 45.1 Finance Commissions Appointed so far" +" Table 45.2 Articles Related to Finance Commission at a Glance" +"Table 51.1 Articles Related to Comptroller and Auditor-General" +"of India at a Glance" +"Table 52.1 Articles Related to Attorney-General of India at a" +"Glance" +"Table 53.1 Articles Related to Advocate-General of the state at a" +"Glance" +"Table 53.2 Articles Related to Constitutional Bodies at a Glance" +"Table 57.1 National Commissions / Central Bodies and the" +"Related Ministries" +"Table 61.1 Establishment of Lokayukta in States (Chronological" +"Order)" +"Table 64.1 Articles Related to Co-operative Societies at a" +"Glance" +"Table 65.1 Languages conferred with Classical Language" +"Status" +"Table 65.2 Articles Related to Official Language at a Glance" +"Table 66.1 Articles Related to Public Services at a Glance" +"Table 67.1 Articles Related to Rights and Liabilities of the" +"Government at a Glance" +"Table 68.1 Articles Related to Special Provisions for Certain" +"Classes at a Glance" +"Table 69.1 Recognised National Parties and State Parties (First" +"to Seventeenth General Elections)" +"Table 69.2 Recognised National Parties and their Symbols" +"(2019)" +"Table 69.3 Recognised State Parties and their Symbols (2019)" +"Table 69.4 Formation of Political Parties (Chronological Order)" +"Table 71.1 Results of Lok Sabha Elections" +"Table 71.2 Prime Ministers after each Lok Sabha General" +"Election" +"Table 71.3 Participation in Lok Sabha Elections" +"Table 71.4 Women in Lok Sabha Elections" +"Table 71.5 Cost of Lok Sabha Elections" +" Table 71.6 Largest and Smallest (Area-wise) Lok Sabha" +"Constituencies in Fourteenth General Elections" +"(2004)" +"Table 71.7 Largest and Smallest (Electors-wise) Lok Sabha" +"Constituencies in Sixteenth General Elections (2014)" +"Table 71.8 Articles Related to Elections at a Glance" +"Table 73.1 Limit on Election Expenditure (As declared in 2014)" +"Table 75.1 Formation of Coalition Governments at the Centre" +"Table 78.1 Meetings of the National Integration Council" +" PART-I" +"CONSTITUTIONAL FRAMEWORK" +"" +"1. Historical Background" +"2. Making of the Constitution" +"3. Salient Features of the Constitution" +"4. Preamble of the Constitution" +"5. Union and its Territory" +"6. Citizenship" +"7. Fundamental Rights" +"8. Directive Principles of State Policy" +"9. Fundamental Duties" +"10. Amendment of the Constitution" +"11. Basic Structure of the Constitution" +" 1 Historical Background" +"" +"" +"" +"" +"T" +"he British came to India in 1600 as traders, in the form of" +"East India Company, which had the exclusive right of" +"trading in India under a charter granted by Queen Elizabeth" +"I. In 1765, the Company, which till now had purely trading" +"functions obtained the ‘diwani’ (i.e., rights over revenue and civil" +"justice) of Bengal, Bihar and Orissa.1 This started its career as a" +"territorial power. In 1858, in the wake of the ‘sepoy mutiny’, the" +"British Crown assumed direct responsibility for the governance of" +"India. This rule continued until India was granted independence" +"on August 15, 1947." +"" +"" +"With Independence came the need for a Constitution. Hence, a" +"Constituent Assembly was formed for this purpose in 1946 and on" +"January 26, 1950, the Constitution came into being. However," +"various features of the Indian Constitution and polity have their" +"roots in the British rule. There were certain events in the British" +"rule that laid down the legal framework for the organisation and" +"functioning of government and administration in British India." +"These events have greatly influenced our constitution and polity." +"They are explained here in a chronological order under two major" +"headings :" +"1. The Company Rule (1773 – 1858)" +"2. The Crown Rule (1858 – 1947)" +" THE COMPANY RULE (1773–1858)" +"" +"Regulating Act of 1773" +"This act was of great constitutional importance as (a) it was the" +"first step taken by the British Government to control and regulate" +"the affairs of the East India Company in India; (b) it recognised," +"for the first time, the political and administrative functions of the" +"Company; and (c) it laid the foundations of central administration" +"in India." +"The features of this Act were as follows:" +"1. It designated the Governor of Bengal as the ‘Governor-" +"General of Bengal’ and created an Executive Council of four" +"members to assist him. The first such GovernorGeneral was" +"Lord Warren Hastings." +"2. It made the governors of Bombay and Madras presidencies" +"subordinate to the governor-general of Bengal, unlike earlier," +"when the three presidencies were independent of one" +"another." +"3. It provided for the establishment of a Supreme Court at" +"Calcutta (1774) comprising one chief justice and three other" +"judges." +"4. It prohibited the servants of the Company from engaging in" +"any private trade or accepting presents or bribes from the" +"‘natives’." +"5. It strengthened the control of the British Government over" +"the Company by requiring the Court of Directors (governing" +"body of the Company) to report on its revenue, civil, and" +"military affairs in India." +"" +"Amending Act of 1781" +"In a bid to rectify the defects of the Regulating Act of 1773, the" +"British Parliament passed the Amending Act of 1781, also known" +"as the Act of Settlement." +"The features of this Act were as follows:" +" 1. It exempted the Governor-General and the Council from the" +"jurisdiction of the Supreme Court for the acts done by them" +"in their official capacity. Similarly, it also exempted the" +"servants of the company from the jurisdiction of the" +"Supreme Court for their official actions." +"2. It excluded the revenue matters and the matters arising in" +"the collection of revenue from the jurisdiction of the Supreme" +"Court." +"3. It provided that the Supreme Court was to have jurisdiction" +"over all the inhabitants of Culcutta. It also required the court" +"to administer the personal law of the defendants i.e., Hindus" +"were to be tried according to the Hindu law and Muslims" +"were to be tried according to the Mohammedan law." +"4. It laid down that the appeals from the Provincial Courts" +"could be taken to the Governor-General-in-Council and not" +"to the Supreme Court." +"5. It empowered the Governor-General-inCouncil to frame" +"regulations for the Provincial Courts and Councils." +"" +"Pitt’s India Act of 1784" +"The next important act was the Pitt’s India Act2 of 1784." +"The features of this Act were as follows:" +"1. It distinguished between the commercial and political" +"functions of the Company." +"2. It allowed the Court of Directors to manage the commercial" +"affairs, but created a new body called Board of Control to" +"manage the political affairs. Thus, it established a system of" +"double government." +"3. It empowered the Board of Control to supervise and direct" +"all operations of the civil and military government or" +"revenues of the British possessions in India." +"Thus, the act was significant for two reasons: first, the" +"Company’s territories in India were for the first time called the" +"‘British possessions in India’; and second, the British Government" +"was given the supreme control over Company’s affairs and its" +"administration in India." +" Act of 1786" +"In 1786, Lord Cornwallis was appointed as the Governor-General" +"of Bengal. He placed two demands to accept that post, viz.," +"1. He should be given power to override the decision of his" +"council in special cases." +"2. He would also be the Commander-in-Chief." +"Accordingly, the Act of 1786 was enacted to make both the" +"provisions." +"" +"Charter Act of 1793" +"The features of this Act were as follows:" +"1. It extended the overriding power given to Lord Cornwallis" +"over his council, to all future Governor-Generals and" +"Governors of Presidencies." +"2. It gave the Governor-General more powers and control over" +"the governments of the subordinate Presidencies of Bombay" +"and Madras." +"3. It extended the trade monopoly of the Company in India for" +"another period of twenty years." +"4. It provided that the Commander-in-Chief was not to be a" +"member of the Governor-General’s council, unless he was" +"so appointed." +"5. It laid down that the members of the Board of Control and" +"their staff were, henceforth, to be paid out of the Indian" +"revenues." +"" +"Charter Act of 1813" +"The features of this Act were as follows:" +"1. It abolished the trade monopoly of the company in India i.e.," +"the Indian trade was thrown open to all British merchants." +"However, it continued the monopoly of the company over" +"trade in tea and trade with China." +"2. It asserted the sovereignty of the British Crown over the" +"Company’s territories in India." +"3. It allowed the Christian missionaries to come to India for the" +"purpose of enlightening the people." +" 4. It provided for the spread of western education among the" +"inhabitants of the British territories in India." +"5. It authorised the Local Governments in India to impose" +"taxes on persons. They could also punish the persons for" +"not paying taxes." +"" +"Charter Act of 1833" +"This Act was the final step towards centralisation in British India." +"The features of this Act were as follows:" +"1. It made the Governor-General of Bengal as the Governor-" +"General of India and vested in him all civil and military" +"powers. Thus, the act created, for the first time, Government" +"of India having authority over the entire territorial area" +"possessed by the British in India. Lord William Bentick was" +"the first Governor-General of India." +"2. It deprived the Governor of Bombay and Madras of their" +"legislative powers. The Governor-General of India was given" +"exclusive legislative powers for the entire British India. The" +"laws made under the previous acts were called as" +"Regulations, while laws made under this act were called as" +"Acts." +"3. It ended the activities of the East India Company as a" +"commercial body, which became a purely administrative" +"body. It provided that the Company’s territories in India were" +"held by it ‘in trust for His Majesty, His heirs and successors’." +"4. The Charter Act of 1833 attempted to introduce a system of" +"open competition for selection of civil servants and stated" +"that the Indians should not be debarred from holding any" +"place, office and employment under the Company. However," +"this provision was negated after opposition from the Court of" +"Directors." +"" +"Charter Act of 1853" +"This was the last of the series of Charter Acts passed by the" +"British Parliament between 1793 and 1853. It was a significant" +"constitutional landmark." +" The features of this Act were as follows:" +"1. It separated, for the first time, the legislative and executive" +"functions of the Governor-General’s council. It provided for" +"addition of six new members called legislative councillors to" +"the council. In other words, it established a separate" +"Governor-General’s legislative council which came to be" +"known as the Indian (Central) Legislative Council. This" +"legislative wing of the council functioned as a mini-" +"Parliament, adopting the same procedures as the British" +"Parliament. Thus, legislation, for the first time, was treated" +"as a special function of the government, requiring special" +"machinery and special process." +"2. It introduced an open competition system of selection and" +"recruitment of civil servants. The covenanted civil service3" +"was, thus, thrown open to the Indians also. Accordingly, the" +"Macaulay Committee (the Committee on the Indian Civil" +"Service) was appointed in 1854." +"3. It extended the Company’s rule and allowed it to retain the" +"possession of Indian territories on trust for the British Crown." +"But, it did not specify any particular period, unlike the" +"previous Charters. This was a clear indication that the" +"Company’s rule could be terminated at any time the" +"Parliament liked." +"4. It introduced, for the first time, local representation in the" +"Indian (Central) Legislative Council. Of the six new" +"legislative members of the GovernorGeneral’s council, four" +"members were appointed by the local (provincial)" +"governments of Madras, Bombay, Bengal and Agra." +" THE CROWN RULE (1858–1947)" +"" +"Government of India Act of 1858" +"This significant Act was enacted in the wake of the Revolt of" +"1857–also known as the First War of Independence or the ‘sepoy" +"mutiny’. The act known as the Act for the Good Government of" +"India, abolished the East India Company, and transferred the" +"powers of Government, territories and revenues to the British" +"Crown." +"The features of this Act were as follows:" +"1. It provided that India, henceforth, was to be governed by," +"and in the name of, Her Majesty. It changed the designation" +"of the Governor-General of India to that of Viceroy of India." +"He (Viceroy) was the direct representative of the British" +"Crown in India. Lord Canning, thus, became the first Viceroy" +"of India." +"2. It ended the system of double Government by abolishing the" +"Board of Control and Court of Directors." +"3. It created a new office, Secretary of State for India, vested" +"with complete authority and control over Indian" +"administration. The secretary of state was a member of the" +"British Cabinet and was responsible ultimately to the British" +"Parliament." +"4. It established a 15-member council of India to assist the" +"Secretary of State for India. The council was an advisory" +"body. The secretary of state was made the Chairman of the" +"council." +"5. It constituted the Secretary of State-inCouncil as a body" +"corporate, capable of suing and being sued in India and in" +"England." +"‘The Act of 1858 was, however, largely confined to the" +"improvement of the administrative machinery by which the Indian" +"Government was to be supervised and controlled in England. It" +"did not alter in any substantial way the system of Government that" +"prevailed in India4 .’" +" Indian Councils Act of 1861" +"After the great revolt of 1857, the British Government felt the" +"necessity of seeking the cooperation of the Indians in the" +"administration of their country. In pursuance of this policy of" +"association, three acts were enacted by the British Parliament in" +"1861, 1892 and 1909. The Indian Councils Act of 1861 is an" +"important landmark in the constitutional and political history of" +"India." +"The features of this Act were as follows:" +"1. It made a beginning of the representative institutions by" +"associating Indians with the law-making process. It, thus," +"provided that the Viceroy should nominate some Indians as" +"non-official members of his expanded council. In 1862, Lord" +"Canning, the then Viceroy, nominated three Indians to his" +"legislative council–the Raja of Benaras, the Maharaja of" +"Patiala and Sir Dinkar Rao." +"2. It initiated the process of decentralisation by restoring the" +"legislative powers to the Bombay and Madras Presidencies." +"It, thus, reversed the centralising tendency that started from" +"the Regulating Act of 1773 and reached its climax under the" +"Charter Act of 1833. This policy of legislative devolution" +"resulted in the grant of almost complete internal autonomy to" +"the provinces in 1937." +"3. It also provided for the establishment of new legislative" +"councils for Bengal, North-Western Provinces and Punjab," +"which were established in 1862, 1886 and 1897," +"respectively." +"4. It empowered the Viceroy to make rules and orders for the" +"more convenient transaction of business in the council. It" +"also gave a recognition to the ‘portfolio’ system, introduced" +"by Lord Canning in 1859. Under this, a member of the" +"Viceroy’s council was made in-charge of one or more" +"departments of the Government and was authorised to issue" +"final orders on behalf of the council on matters of his" +"department(s)." +"5. It empowered the Viceroy to issue ordinances, without the" +"concurrence of the legislative council, during an emergency." +" The life of such an ordinance was six months." +"" +"Indian Councils Act of 1892" +"The features of this Act were as follows:" +"1. It increased the number of additional (non-official) members" +"in the Central and provincial legislative councils, but" +"maintained the official majority in them." +"2. It increased the functions of legislative councils and gave" +"them the power of discussing the budget5 and addressing" +"questions to the executive." +"3. It provided for the nomination of some non-official members" +"of the (a) Central Legislative Council by the viceroy on the" +"recommendation of the provincial legislative councils and the" +"Bengal Chamber of Commerce, and (b) that of the provincial" +"legislative councils by the Governors on the" +"recommendation of the district boards, municipalities," +"universities, trade associations, zamin-dars and chambers." +"‘The act made a limited and indirect provision for the use of" +"election in filling up some of the non-official seats both in the" +"Central and provincial legislative councils. The word “election”" +"was, however, not used in the Act. The process was described as" +"nomination made on the recommendation of certain bodies6 .’" +"" +"Indian Councils Act of 1909" +"This Act is also known as Morley-Minto Reforms (Lord Morley was" +"the then Secretary of State for India and Lord Minto was the then" +"Viceroy of India)." +"The features of this Act were as follows:" +"1. It considerably increased the size of the legislative councils," +"both Central and provincial. The number of members in the" +"Central legislative council was raised from 16 to 60. The" +"number of members in the provincial legislative councils was" +"not uniform." +"2. It retained official majority in the Central legislative council," +"but allowed the provincial legislative councils to have non-" +"official majority." +" 3. It enlarged the deliberative functions of the legislative" +"councils at both the levels. For example, members were" +"allowed to ask supplementary questions, move resolutions" +"on the budget and so on." +"4. It provided (for the first time) for the association of Indians" +"with the executive councils of the Viceroy and Governors." +"Satyendra Prasad Sinha became the first Indian to join the" +"Viceroy’s executive council. He was appointed as the Law" +"Member." +"5. It introduced a system of communal representation for" +"Muslims by accepting the concept of ‘separate electorate’." +"Under this, the Muslim members were to be elected only by" +"Muslim voters. Thus, the Act ‘legalised communalism’ and" +"Lord Minto came to be known as the Father of Communal" +"Electorate." +"6. It also provided for the separate representation of" +"presidency corporations, chambers of commerce," +"universities and zamindars." +"" +"Government of India Act of 1919" +"On August 20, 1917, the British Government declared, for the first" +"time, that its objective was the gradual introduction of responsible" +"Government in India7 ." +"The Government of India Act of 1919 was thus enacted, which" +"came into force in 1921. This Act is also known as Montagu-" +"Chelmsford Reforms (Montagu was the Secretary of State for" +"India and Lord Chelmsford was the Viceroy of India)." +"The features of this Act were as follows:" +"1. It relaxed the central control over the provinces by" +"demarcating and separating the central and provincial" +"subjects. The central and provincial legislatures were" +"authorised to make laws on their respective list of subjects." +"However, the structure of government continued to be" +"centralised and unitary." +"2. It further divided the provincial subjects into two parts–" +"transferred and reserved. The transferred subjects were to" +"be administered by the Governor with the aid of Ministers" +" responsible to the legislative council. The reserved subjects," +"on the other hand, were to be administered by the Governor" +"and his executive council without being responsible to the" +"legislative council. This dual scheme of governance was" +"known as ‘dyarchy’–a term derived from the Greek word di-" +"arche which means double rule. However, this experiment" +"was largely unsuccessful." +"3. It introduced, for the first time, bicameralism and direct" +"elections in the country. Thus, the Indian legislative council" +"was replaced by a bicameral legislature consisting of an" +"Upper House (Council of State) and a Lower House" +"(Legislative Assembly). The majority of members of both the" +"Houses were chosen by direct election." +"4. It required that the three of the six members of the Viceroy’s" +"executive Council (other than the Commander-in-Chief)" +"were to be Indian." +"5. It extended the principle of communal representation by" +"providing separate electorates for Sikhs, Indian Christians," +"Anglo-Indians and Europeans." +"6. It granted franchise to a limited number of people on the" +"basis of property, tax or education." +"7. It created a new office of the High Commissioner for India in" +"London and transferred to him some of the functions hitherto" +"performed by the Secretary of State for India." +"8. It provided for the establishment of a public service" +"commission. Hence, a Central Public Service Commission" +"was set up in 1926 for recruiting civil servants8 ." +"9. It separated, for the first time, provincial budgets from the" +"Central budget and authorised the provincial legislatures to" +"enact their budgets." +"10. It provided for the appointment of a statutory commission to" +"inquire into and report on its working after ten years of its" +"coming into force." +"" +"Simon Commission" +"In November 1927 itself (i.e., 2 years before the schedule), the" +"British Government announced the appointment a seven-member" +"statutory commission under the chairmanship of Sir John Simon" +" to report on the condition of India under its new Constitution. All" +"the members of the commission were British and hence, all the" +"parties boycotted the commission. The commission submitted its" +"report in 1930 and recommended the abolition of dyarchy," +"extension of responsible Government in the provinces," +"establishment of a federation of British India and princely states," +"continuation of communal electorate and so on. To consider the" +"proposals of the commission, the British Government convened" +"three round table conferences of the representatives of the British" +"Government, British India and Indian princely states. On the basis" +"of these discussions, a ‘White Paper on Consitutional Reforms’" +"was prepared and submitted for the consideration of the Joint" +"Select Committee of the British Parliament. The recommendations" +"of this committee were incorporated (with certain changes) in the" +"next Government of India Act of 1935." +"" +"Communal Award" +"In August 1932, Ramsay MacDonald, the British Prime Minister," +"announced a scheme of representation of the minorities, which" +"came to be known as the Communal Award. The award not only" +"continued separate electorates for the Muslims, Sikhs, Indian" +"Christians, Anglo-Indians and Europeans but also extended it to" +"the depressed classes (Scheduled Castes). Gandhiji was" +"distressed over this extension of the principle of communal" +"representation to the depressed classes and undertook fast unto" +"death in Yerawada Jail (Poona) to get the award modified. At last," +"there was an agreement between the leaders of the Congress and" +"the depressed classes. The agreement, known as Poona Pact," +"retained the Hindu joint electorate and gave reserved seats to the" +"depressed classes." +"" +"Government of India Act of 1935" +"The Act marked a second milestone towards a completely" +"responsible government in India. It was a lengthy and detailed" +"document having 321 Sections and 10 Schedules." +"The features of this Act were as follows:" +" 1. It provided for the establishment of an All-India Federation" +"consisting of provinces and princely states as units. The Act" +"divided the powers between the Centre and units in terms of" +"three lists–Federal List (for Centre, with 59 items), Provincial" +"List (for provinces, with 54 items) and the Concurrent List" +"(for both, with 36 items). Residuary powers were given to the" +"Viceroy. However, the federation never came into being as" +"the princely states did not join it." +"2. It abolished dyarchy in the provinces and introduced" +"‘provincial autonomy’ in its place. The provinces were" +"allowed to act as autonomous units of administration in their" +"defined spheres. Moreover, the Act introduced responsible" +"Governments in provinces, that is, the Governor was" +"required to act with the advice of ministers responsible to the" +"provincial legislature. This came into effect in 1937 and was" +"discontinued in 1939." +"3. It provided for the adoption of dyarchy at the Centre." +"Consequently, the federal subjects were divided into" +"reserved subjects and transferred subjects. However, this" +"provision of the Act did not come into operation at all." +"4. It introduced bicameralism in six out of eleven provinces." +"Thus, the legislatures of Bengal, Bombay, Madras, Bihar," +"Assam and the United Provinces were made bicameral" +"consisting of a legislative council (upper house) and a" +"legislative assembly (lower house). However, many" +"restrictions were placed on them." +"5. It further extended the principle of communal representation" +"by providing separate electorates for depressed classes" +"(Scheduled Castes), women and labour (workers)." +"6. It abolished the Council of India, established by the" +"Government of India Act of 1858. The secretary of state for" +"India was provided with a team of advisors." +"7. It extended franchise. About 10 per cent of the total" +"population got the voting right." +"8. It provided for the establishment of a Reserve Bank of India" +"to control the currency and credit of the country." +"9. It provided for the establishment of not only a Federal Public" +"Service Commission, but also a Provincial Public Service" +" Commission and Joint Public Service Commission for two or" +"more provinces." +"10. It provided for the establishment of a Federal Court, which" +"was set up in 1937." +"" +"Indian Independence Act of 1947" +"On February 20, 1947, the British Prime Minister Clement Atlee" +"declared that the British rule in India would end by June 30,1948;" +"after which the power would be transferred to responsible Indian" +"hands. This announcement was followed by the agitation by the" +"Muslim League demanding partition of the country. Again on June" +"3, 1947, the British Government made it clear that any" +"Constitution framed by the Constituent Assembly of India (formed" +"in 1946) cannot apply to those parts of the country which were" +"unwilling to accept it. On the same day (June 3, 1947), Lord" +"Mountbatten, the Viceroy of India, put forth the partition plan," +"known as the Mountbatten Plan. The plan was accepted by the" +"Congress and the Muslim League. Immediate effect was given to" +"the plan by enacting the Indian Independence Act9 (1947)." +"The features of this Act were as follows:" +"1. It ended the British rule in India and declared India as an" +"independent and sovereign state from August 15, 1947." +"2. It provided for the partition of India and creation of two" +"independent dominions of India and Pakistan with the right" +"to secede from the British Commonwealth." +"3. It abolished the office of Viceroy and provided, for each" +"dominion, a governorgeneral, who was to be appointed by" +"the British King on the advice of the dominion cabinet. His" +"Majesty’s Government in Britain was to have no" +"responsibility with respect to the Government of India or" +"Pakistan." +"4. It empowered the Constituent Assemblies of the two" +"dominions to frame and adopt any constitution for their" +"respective nations and to repeal any act of the British" +"Parliament, including the Independence act itself." +"5. It empowered the Constituent Assemblies of both the" +"dominions to legislate for their respective territories till the" +" new constitutions were drafted and enforced. No Act of the" +"British Parliament passed after August 15, 1947 was to" +"extend to either of the new dominions unless it was" +"extended thereto by a law of the legislature of the dominion." +"6. It abolished the office of the Secretary of State for India and" +"transferred his functions to the Secretary of State for" +"Commonwealth Affairs." +"7. It proclaimed the lapse of British paramountcy over the" +"Indian princely states and treaty relations with tribal areas" +"from August 15, 1947." +"8. It granted freedom to the Indian princely states either to join" +"the Dominion of India or Dominion of Pakistan or to remain" +"independent." +"9. It provided for the governance of each of the dominions and" +"the provinces by the Government of India Act of 1935, till the" +"new Constitutions were framed. The dominions were" +"however authorised to make modifications in the Act." +"10. It deprived the British Monarch of his right to veto bills or ask" +"for reservation of certain bills for his approval. But, this right" +"was reserved for the GovernorGeneral. The Governor-" +"General would have full power to assent to any bill in the" +"name of His Majesty." +"11. It designated the Governor-General of India and the" +"provincial governors as constitutional (nominal) heads of the" +"states. They were made to act on the advice of the" +"respective council of ministers in all matters." +"12. It dropped the title of Emperor of India from the royal titles of" +"the King of England." +"13. It discontinued the appointment to civil services and" +"reservation of posts by the secretary of state for India. The" +"members of the civil services appointed before August 15," +"1947 would continue to enjoy all benefits that they were" +"entitled to till that time." +"At the stroke of midnight of 14-15 August, 1947, the British rule" +"came to an end and power was transferred to the two new" +"independent Dominions of India and Pakistan10. Lord Mountbatten" +"became the first GovernorGeneral of the new Dominion of India." +"He swore in Jawaharlal Nehru as the first Prime Minister of" +" independent India. The Constituent Assembly of India formed in" +"1946 became the Parliament of the Indian Dominion." +"" +"Table 1.1 Interim Government (1946)" +"Sl. Members Portfolios Held" +"No." +"1. Jawaharlal Nehru Vice-President of the Council;" +"External Affairs & Commonwealth" +"Relations" +"2. Sardar Vallabhbhai Home, Information & Broadcasting" +"Patel" +"3. Dr. Rajendra Prasad Food & Agriculture" +"4. Dr. John Mathai Industries & Supplies" +"5. Jagjivan Ram Labour" +"6. Sardar Baldev Singh Defence" +"7. C.H. Bhabha Works, Mines & Power" +"8. Liaquat Ali Khan Finance" +"9. Abdur Rab Nishtar Posts & Air" +"10. Asaf Ali Railways & Transport" +"11. C. Rajagopalachari Education & Arts" +"12. I.I. Chundrigar Commerce" +"13. Ghaznafar Ali Khan Health" +"14. Joginder Nath Law" +"Mandal" +"Note: The members of the interim Government were members of" +"the Viceroy’s Executive Council. The Viceroy continued to be the" +"head of the Council. But, Jawaharlal Nehru was designated as the" +"Vice-President of the Council." +"" +"Table 1.2 First Cabinet of Free India (1947)" +"Sl. Members Portfolios Held" +" No." +"1. Jawaharlal Nehru Prime Minister; External Affairs &" +"Commonwealth Relations; Scientific" +"Research" +"2. Sardar Vallabhbhai Home, Information & Broadcasting;" +"Patel States" +"3. Dr. Rajendra Prasad Food & Agriculture" +"4. Maulana Abul Kalam Education" +"Azad" +"5. Dr. John Mathai Railways & Transport" +"6. R.K. Shanmugham Finance" +"Chetty" +"7. Dr. B.R. Ambedkar Law" +"8. Jagjivan Ram Labour" +"9. Sardar Baldev Singh Defence" +"10. Raj Kumari Amrit Health" +"Kaur" +"11. C.H. Bhabha Commerce" +"12. Rafi Ahmed Kidwai Communication" +"13. Dr. Shayama Prasad Industries & Supplies" +"Mukherji" +"14. V.N. Gadgil Works, Mines & Power" +"" +"" +"NOTES AND REFERENCES" +"1. The Mughal Emperor, Shah Alam, granted ‘Diwani’ to" +"the Company after its victory in the Battle of Buxar" +"(1764)." +"2. It was introduced in the British Parliament by the then" +"Prime Minister, William Pitt." +"3. At that time, the Civil Services of the company were" +"classified into covenanted civil services (higher civil" +"services) and uncovenanted civil services (lower civil" +" services). The former was created by a law of the" +"Company, while the later was created otherwise." +"4. Subhash C. Kashyap, Our Constitution, National Book" +"Trust, Third Edition, 2001, P. 14." +"5. The system of Budget was introduced in British India in" +"1860" +"6. V. N. Shukla, The Constitution of India, Eastern Book" +"Company, Tenth Edition, 2001, P. A-10." +"7. The declaration thus stated: ‘The policy of His Majesty’s" +"Government is that of the increasing association of" +"Indians in every branch of the administration, and the" +"gradual development of self-government institutions," +"with a view to the progressive realisation of responsible" +"government in India as an integral part of the British" +"Empire’." +"8. This was done on the recommendation of the Lee" +"Commission on Superior Civil Services in India (1923-" +"24)." +"9. The Indian Independence Bill was introduced in the" +"British Parliament on July 4, 1947 and received the" +"Royal Assent on July 18, 1947. The act came into force" +"on August 15, 1947." +"10. The boundaries between the two Dominions were" +"determined by a Boundary Commission headed by" +"Radcliff. Pakistan included the provinces of West" +"Punjab, Sind, Baluchistan, East Bengal, North-Western" +"Frontier Province and the district of sylhet in Assam." +"The referendum in the North-Western Frontier Province" +"and Sylhet was in favour of Pakistan." +" 2 Making of the Constitution" +"" +"" +"DEMAND FOR A CONSTITUENT ASSEMBLY" +"It was in 1934 that the idea of a Constituent Assembly for India" +"was put forward for the first time by M.N. Roy, a pioneer of" +"communist movement in India. In 1935, the Indian National" +"Congress (INC), for the first time, officially demanded a" +"Constituent Assembly to frame the Constitution of India. In 1938," +"Jawaharlal Nehru, on behalf the INC declared that ‘the" +"Constitution of free India must be framed, without outside" +"interference, by a Constituent Assembly elected on the basis of" +"adult franchise’." +"The demand was finally accepted in principle by the British" +"Government in what is known as the ‘August Offer’ of 1940. In" +"1942, Sir Stafford Cripps, a Member of the Cabinet, came to India" +"with a draft proposal of the British Government on the framing of" +"an independent Constitution to be adopted after the World War II." +"The Cripps Proposals were rejected by the Muslim League, which" +"wanted India to be divided into two autonomous states with two" +"separate Constituent Assemblies. Finally, a Cabinet Mission1 was" +"sent to India. While it rejected the idea of two Constituent" +"Assemblies, it put forth a scheme for the Constituent Assembly" +"which more or less satisfied the Muslim League." +" COMPOSITION OF THE CONSTITUENT ASSEMBLY" +"" +"The Constituent Assembly was constituted in November 1946" +"under the scheme formulated by the Cabinet Mission Plan." +"The features of the scheme were:" +"1. The total strength of the Constituent Assembly was to be" +"389. Of these, 296 seats were to be allotted to British India" +"and 93 seats to the princely states. Out of 296 seats allotted" +"to the British India, 292 members were to be drawn from the" +"eleven governors’ provinces2 and four from the four Chief" +"Commissioners’ provinces3 , one from each." +"2. Each province and princely state (or group of states in case" +"of small states) were to be allotted seats in proportion to" +"their respective population. Roughly, one seat was to be" +"allotted for every million population." +"3. Seats allocated to each British province were to be divided" +"among the three principal communities–Muslims, Sikhs and" +"General (all except Muslims and Sikhs), in proportion to their" +"population." +"4. The representatives of each community were to be elected" +"by members of that community in the provincial legislative" +"assembly and voting was to be by the method of" +"proportional representation by means of single transferable" +"vote." +"5. The representatives of the princely states were to be" +"nominated by the heads of the princely states." +"It is, thus, clear that the Constituent Assembly was to be a" +"partly elected and partly nominated body. Moreover, the members" +"were to be indirectly elected by the members of the provincial" +"assemblies, who themselves were elected on a limited franchise4 ." +"The elections to the Constituent Assembly (for 296 seats" +"allotted to the British Indian Provinces) were held in July-August" +"1946. The Indian National Congress won 208 seats, the Muslim" +"League 73 seats and the small groups and independents got the" +"remaining 15 seats. However, the 93 seats allotted to the princely" +"states were not filled as they decided to stay away from the" +"Constituent Assembly." +" Although the Constituent Assembly was not directly elected by" +"the people of India on the basis of adult franchise, the Assembly" +"comprised representatives of all sections of the Indian society–" +"Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians," +"SCs, STs including women of all these sections. The Assembly" +"included all important personalities of India at that time, with the" +"exception of Mahatma Gandhi." +" WORKING OF THE CONSTITUENT ASSEMBLY" +"" +"The Constituent Assembly held its first meeting on December 9," +"1946. The Muslim League boycotted the meeting and insisted on" +"a separate state of Pakistan. The meeting was, thus, attended by" +"only 211 members. Dr. Sachchidananda Sinha, the oldest" +"member, was elected as the temporary President of the Assembly," +"following the French practice." +"Later, Dr. Rajendra Prasad was elected as the President of the" +"Assembly. Similarly, both H.C. Mukherjee and V.T. Krishnamachari" +"were elected as the Vice-Presidents of the Assembly. In other" +"words, the Assembly had two Vice-Presidents." +"" +"Objectives Resolution" +"On December 13, 1946, Jawaharlal Nehru moved the historic" +"‘Objectives Resolution’ in the Assembly. It laid down the" +"fundamentals and philosophy of the constitutional structure. It" +"read:" +"1. “This Constituent Assembly declares its firm and solemn" +"resolve to proclaim India as an Independent Sovereign" +"Republic and to draw up for her future governance a" +"Constitution:" +"2. Wherein the territories that now comprise British India, the" +"territories that now form the Indian States and such other" +"parts of India as are outside India and the States as well as" +"other territories as are willing to be constituted into the" +"independent sovereign India, shall be a Union of them all;" +"and" +"3. wherein the said territories, whether with their present" +"boundaries or with such others as may be determined by the" +"Constituent Assembly and thereafter according to the law of" +"the Constitution, shall possess and retain the status of" +"autonomous units together with residuary powers and" +"exercise all powers and functions of Government and" +"administration save and except such powers and functions" +"as are vested in or assigned to the Union or as are inherent" +"or implied in the Union or resulting therefrom; and" +" 4. wherein all power and authority of the sovereign" +"independent India, its constituent parts and organs of" +"Government are derived from the people; and" +"5. wherein shall be guaranteed and secured to all the people of" +"India justice, social, economic and political; equality of status" +"of opportunity, and before the law; freedom of thought," +"expression, belief, faith, worship, vocation, association and" +"action, subject to law and public morality; and" +"6. wherein adequate safeguards shall be provided for" +"minorities, backward and tribal areas, and depressed and" +"other backward classes; and" +"7. whereby shall be maintained the integrity of the territory of" +"the Republic and its sovereign rights on land, sea and air" +"according to justice and the law of civilized nations; and" +"8. This ancient land attains its rightful and honoured place in" +"the world and makes its full and willing contribution to the" +"promotion of world peace and the welfare of mankind.”" +"This Resolution was unanimously adopted by the Assembly on" +"January 22, 1947. It influenced the eventual shaping of the" +"constitution through all its subsequent stages. Its modified version" +"forms the Preamble of the present Constitution." +"" +"Changes by the Independence Act" +"The representatives of the princely states, who had stayed away" +"from the Constituent Assembly, gradually joined it. On April 28," +"1947, representatives of the six states5 were part of the Assembly." +"After the acceptance of the Mountbatten Plan of June 3, 1947, for" +"the partition of the country, the representatives of most of the" +"other princely states took their seats in the Assembly. The" +"members of the Muslim League from the Indian Dominion also" +"entered the Assembly." +"The Indian Independence Act of 1947 made the following three" +"changes in the position of the Assembly:" +"1. The Assembly was made a fully sovereign body, which could" +"frame any Constitution it pleased. The act empowered the" +"Assembly to abrogate or alter any law made by the British" +"Parliament in relation to India." +" 2. The Assembly also became a legislative body. In other" +"words, two separate functions were assigned to the" +"Assembly, that is, making of the Constitution for free India" +"and enacting of ordinary laws for the country. These two" +"tasks were to be performed on separate days. Thus, the" +"Assembly became the first Parliament of free India" +"(Dominion Legislature). Whenever the Assembly met as the" +"Constituent body it was chaired by Dr. Rajendra Prasad and" +"when it met as the legislative body6 , it was chaired by G.V." +"Mavlankar. These two functions continued till November 26," +"1949, when the task of making the Constitution was over." +"3. The Muslim League members (hailing from the areas7" +"included in the Pakistan) withdrew from the Constituent" +"Assembly for India. Consequently, the total strength of the" +"Assembly came down to 299 as against 389 originally fixed" +"in 1946 under the Cabinet Mission Plan. The strength of the" +"Indian provinces (formerly British Provinces) was reduced" +"from 296 to 229 and those of the princely states from 93 to" +"70. The state-wise membership of the Assembly as on" +"December 31, 1947, is shown in Table 2.4 of this chapter." +"" +"Other Functions Performed" +"In addition to the making of the Constitution and enacting of" +"ordinary laws, the Constituent Assembly also performed the" +"following functions:" +"1. It ratified the India’s membership of the Commonwealth in" +"May 1949." +"2. It adopted the national flag on July 22, 1947." +"3. It adopted the national anthem on January 24, 1950." +"4. It adopted the national song on January 24, 1950." +"5. It elected Dr. Rajendra Prasad as the first President of India" +"on January 24, 1950." +"In all, the Constituent Assembly had 11 sessions over two" +"years, 11 months and 18 days. The Constitution-makers had gone" +"through the Constitutions of about 60 countries, and the Draft" +"Constitution was considered for 114 days. The total expenditure" +"incurred on making the Constitution amounted to ₹64 lakh." +" On January 24, 1950, the Constituent Assembly held its final" +"session. It, however, did not end, and continued as the provisional" +"parliament of India from January 26, 1950, till the formation of new" +"Parliament8 after the first general elections in 1951–52." +" COMMITTEES OF THE CONSTITUENT ASSEMBLY" +"" +"The Constituent Assembly appointed a number of committees to" +"deal with different tasks of constitution-making. Out of these, eight" +"were major committees and the others were minor committees." +"The names of these committees and their Chairman are given" +"below:" +"" +"Major Committees" +"1. Union Powers Committee - Jawaharlal Nehru" +"2. Union Constitution Committee -Jawaharlal Nehru" +"3. Provincial Constitution Committee -Sardar Patel" +"4. Drafting Committee - Dr. B.R. Ambedkar" +"5. Advisory Committee on Fundamental Rights, Minorities and" +"Tribal and Excluded Areas - Sardar Patel. This committee" +"had the following five sub-committees:" +"(a) Fundamental Rights Sub-Committee - J.B. Kripalani" +"(b) Minorities Sub-Committee - H.C. Mukherjee" +"(c) North-East Frontier Tribal Areas and Assam Excluded &" +"Partially Excluded Areas Sub-Committee -Gopinath" +"Bardoloi" +"(d) Excluded and Partially Excluded Areas (other than those" +"in Assam) Sub-Committee - A.V. Thakkar" +"(e) North-West Frontier Tribal Areas Sub-Committee8a" +"6. Rules of Procedure Committee - Dr. Rajendra Prasad" +"7. States Committee (Committee for Negotiating with States) -" +"Jawaharlal Nehru" +"8. Steering Committee - Dr. Rajendra Prasad" +"" +"Minor Committees" +"1. Finance and Staff Committee - Dr. Rajendra Prasad" +"2. Credentials Committee - Alladi Krishnaswami Ayyar" +"3. House Committee - B. Pattabhi Sitaramayya" +"4. Order of Business Committee - Dr. K.M. Munshi" +"5. Ad-hoc Committee on the National Flag - Dr. Rajendra" +"Prasad" +" 6. Committee on the Functions of the Constituent Assembly -" +"G.V. Mavalankar" +"7. Ad-hoc Committee on the Supreme Court - S. Varadachari" +"(Not an Assembly Member)" +"8. Committee on Chief Commissioners’ Provinces - B. Pattabhi" +"Sitaramayya" +"9. Expert Committee on the Financial Provisions of the Union" +"Constitution -Nalini Ranjan Sarkar (Not an Assembly" +"Member)" +"10. Linguistic Provinces Commission - S.K. Dar (Not an" +"Assembly Member)" +"11. Special Committee to Examine the Draft Constitution -" +"Jawaharlal Nehru" +"12. Press Gallery Committee - Usha Nath Sen" +"13. Ad-hoc Committee on Citizenship - S. Varadachari (Not an" +"Assembly Member)" +"" +"Drafting Committee" +"Among all the committees of the Constituent Assembly, the most" +"important committee was the Drafting Committee set up on" +"August 29, 1947. It was this committee that was entrusted with the" +"task of preparing a draft of the new Constitution. It consisted of" +"seven members. They were:" +"1. Dr. B.R. Ambedkar (Chairman)" +"2. N. Gopalaswamy Ayyangar" +"3. Alladi Krishnaswamy Ayyar" +"4. Dr. K.M. Munshi" +"5. Syed Mohammad Saadullah" +"6. N. Madhava Rau (He replaced B.L. Mitter who resigned due" +"to ill-health)" +"7. T.T. Krishnamachari (He replaced D.P. Khaitan who died in" +"1948)" +"The Drafting Committee, after taking into consideration the" +"proposals of the various committees, prepared the first draft of the" +"Constitution of India, which was published in February, 1948. The" +"people of India were given eight months to discuss the draft and" +"propose amendments. In the light of the public comments," +" criticisms and suggestions, the Drafting Committee prepared a" +"second draft, which was published in October, 1948." +"The Drafting Committee took less than six months to prepare" +"its draft. In all it sat only for 141 days." +" ENACTMENT OF THE CONSTITUTION" +"" +"Dr. B.R. Ambedkar introduced the final draft of the Constitution in" +"the Assembly on November 4, 1948 (first reading). The Assembly" +"had a general discussion on it for five days (till November 9," +"1948)." +"The second reading (clause by clause consideration) started on" +"November 15, 1948, and ended on October 17, 1949. During this" +"stage, as many as 7653 amendments were proposed and 2473" +"were actually discussed in the Assembly." +"The third reading of the draft started on November 14, 1949." +"Dr. B.R. Ambedkar moved a motion–‘the Constitution as settled by" +"the Assembly be passed’. The motion on Draft Constitution was" +"declared as passed on November 26, 1949, and received the" +"signatures of the members and the president. Out of a total 299" +"members of the Assembly, only 284 were actually present on that" +"day and signed the Constitution. This is also the date mentioned" +"in the Preamble as the date on which the people of India in the" +"Constituent Assembly adopted, enacted and gave to themselves" +"this Constitution." +"The Constitution as adopted on November 26, 1949," +"contained a Preamble, 395 Articles and 8 Schedules. The" +"Preamble was enacted after the entire Constitution was already" +"enacted." +"Dr. B.R. Ambedkar, the then Law Minister, piloted the Draft" +"Constitution in the Assembly. He took a very prominent part in the" +"deliberations of the Assembly. He was known for his logical," +"forceful and persuasive arguments on the floor of the Assembly." +"He is recognised as the ‘Father of the Constitution of India’. This" +"brilliant writer, constitutional expert, undisputed leader of the" +"Scheduled Castes and the ‘chief architect of the Constitution of" +"India’ is also known as a ‘Modern Manu’." +" ENFORCEMENT OF THE CONSTITUTION" +"" +"Some provisions of the Constitution pertaining to citizenship," +"elections, provisional parliament, temporary and transitional" +"provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60," +"324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force" +"on November 26, 1949, itself." +"The remaining provisions (the major part) of the Constitution" +"came into force on January 26, 1950. This day is referred to in the" +"Constitution as the ‘date of its commencement’, and celebrated as" +"the Republic Day." +"January 26 was specifically chosen as the ‘date of" +"commencement’ of the Constitution because of its historical" +"importance. It was on this day in 1930 that Purna Swaraj day was" +"celebrated, following the resolution of the Lahore Session" +"(December 1929) of the INC." +"With the commencement of the Constitution, the Indian" +"Independence Act of 1947 and the Government of India Act of" +"1935, with all enactments amending or supplementing the latter" +"Act, were repealed. The Abolition of Privy Council Jurisdiction Act" +"(1949) was however continued." +" EXPERTS COMMITTEE OF THE CONGRESS" +"" +"While elections to the Constituent Assembly were still in progress," +"on July 8, 1946, the Congress Party (Indian National Congress)" +"appointed an Experts Committee for the purpose of preparing" +"material for the Constituent Assembly. This committee consisted" +"of the following members8b :" +"1. Jawaharlal Nehru (Chairman)" +"2. M. Asaf Ali" +"3. K.M. Munshi" +"4. N. Gopalaswami Ayyangar" +"5. K.T. Shah" +"6. D.R. Gadgil" +"7. Humayun Kabir" +"8. K. Santhanam" +"Later, on the Chairman’s proposal, it was resolved that Krishna" +"Kripalani be co-opted as member and convener of the committee." +"The committee had two sittings, the first at New Delhi from July" +"20 to 22, 1946, and the second at Bombay from August 15 to 17," +"1946" +"Apart from a number of notes prepared by its members, the" +"committee discussed the procedure to be adopted by the" +"Constituent Assembly, the question of the appointment of various" +"committees and the draft of a resolution on the objectives of the" +"constitution to be moved during the first session of the Constituent" +"Assembly8c ." +"On the role played by this committee in the making of the" +"Constitution, Granville Austin, a British constitutional expert," +"observed: “It was the Congress Experts Committee that set India" +"on the road to her present Constitution. The committee members," +"working within the framework of the Cabinet Mission Scheme," +"made general suggestions about autonomous areas, the powers" +"of provincial Governments and the Centre, and about such issues" +"as the princely states and the amending power. They also drafted" +"a resolution, closely resembling the Objectives Resolution”.8d" +" CRITICISM OF THE CONSTITUENT ASSEMBLY" +"" +"The critics have criticised the Constituent Assembly on various" +"grounds. These are as follows:" +"1. Not a Representative Body: The critics have argued that the" +"Constituent Assembly was not a representative body as its" +"members were not directly elected by the people of India on" +"the basis of universal adult franchise." +"2. Not a Sovereign Body: The critics maintained that the" +"Constituent Assembly was not a sovereign body as it was" +"created by the proposals of the British Government. Further," +"they said that the Assembly held its sessions with the" +"permission of the British Government." +"3. Time Consuming: According to the critics, the Constituent" +"Assembly took unduly long time to make the Constitution." +"They stated that the framers of the American Constitution" +"took only four months to complete their work8e. In this" +"context, Naziruddin Ahmed, a member of the Constituent" +"Assembly, coined a new name for the Drafting Committee to" +"show his contempt for it. He called it a “Drifting" +"Committee”." +"4. Dominated by Congress: The critics charged that the" +"Constituent Assembly was dominated by the Congress" +"party. Granville Austin, an American Constitutional expert," +"remarked: ‘The Constituent Assembly was a one-party body" +"in an essentially one-party country. The Assembly was the" +"Congress and the Congress was India’9 ." +"5. Lawyer-Politician Domination: It is also maintained by the" +"critics that the Constituent Assembly was dominated by" +"lawyers and politicians. They pointed out that other sections" +"of the society were not sufficiently represented. This, to" +"them, is the main reason for the bulkiness and complicated" +"language of the Constitution." +"6. Dominated by Hindus: According to some critics, the" +"Constituent Assembly was a Hindu dominated body. Lord" +"Viscount Simon called it ‘a body of Hindus’. Similarly," +" Winston Churchill commented that the Constituent Assembly" +"represented ‘only one major community in India’." +" IMPORTANT FACTS" +"" +"1. Elephant was adopted as the symbol (seal) of the" +"Constituent Assembly." +"2. Sir B.N. Rau was appointed as the constitutional advisor" +"(Legal advisor) to the Constituent Assembly." +"3. H.V.R. Iyengar was the Secretary to the Constituent" +"Assembly." +"4. S.N. Mukerjee was the chief draftsman of the constitution in" +"the Constituent Assembly." +"5. Prem Behari Narain Raizada was the calligrapher of the" +"Indian Constitution. The original constitution was handwritten" +"by him in a flowing italic style." +"6. The original version was beautified and decorated by artists" +"from Shantiniketan including Nand Lal Bose and Beohar" +"Rammanohar Sinha." +"7. Beohar Rammanohar Sinha illuminated, beautified and" +"ornamented the original Preamble calligraphed by Prem" +"Behari Narain Raizada." +"8. The calligraphy of the Hindi version of the original" +"constitution was done by Vasant Krishan Vaidya and" +"elegantly decorated and illuminated by Nand Lal Bose." +" HINDI TEXT OF THE CONSTITUTION" +"" +"Originally, the Constitution of India did not make any provision with" +"respect to an authoritative text of the Constitution in the Hindi" +"language. Later, a provision in this regard was made by the 58th" +"Constitutional Amendment Act of 19878f. This amendment" +"inserted a new Article 394-A in the last part of the Constitution i.e.," +"Part XXII8g. This article contains the following provisions:" +"1. The President shall cause to be published under his" +"authority:" +"(i) The translation of the Constitution in Hindi language. The" +"modifications which are necessary to bring it in" +"conformity with the language, style and terminology" +"adopted in the authoritative texts of the Central Acts in" +"Hindi can be made in it. All the amendments of the" +"Constitution made before such publication should be" +"incorporated in it." +"(ii) The translation in Hindi of every amendment of the" +"constitution made in English." +"2. The translation of the Constitution and its every amendment" +"published shall be construed to have the same meaning as" +"the original text in English. If any difficulty arises in this" +"matter, the President shall cause the Hindi text to be revised" +"suitably." +"3. The translation of the Constitution and its every amendment" +"published shall be deemed to be, for all purposes, its" +"authoritative text in Hindi." +"" +"Table 2.1 Allocation of seats in the Constituent Assembly of India" +"(1946)" +"Sl.No. Areas Seats" +"1. British Indian Provinces (11) 292" +"2. Princely States (Indian States) 93" +"3. Chief Commissioners’ Provinces (4) 4" +"Total 389" +" Table 2.2 Results of the Elections to the Constituent Assembly" +"(July–August 1946)" +"Sl.No. Name of the Party Seats" +"won" +"1. Congress 208" +"2. Muslim League 73" +"3. Unionist Party 1" +"4. Unionist Muslims 1" +"5. Unionist Scheduled Castes 1" +"6. Krishak - Praja Party 1" +"7. Scheduled Castes Federation 1" +"8. Sikhs (Non-Congress) 1" +"9. Communist Party 1" +"10. Independents 8" +"Total 296" +"" +"Table 2.3 Community-wise Representation in the Constituent" +"Assembly (1946)" +"Sl.No. Community Strength" +"1. Hindus 163" +"2. Muslims 80" +"3. Scheduled Castes 31" +"4. Indian Christians 6" +"5. Backward Tribes 6" +"6. Sikhs 4" +"7. Anglo-Indians 3" +"8. Parsees 3" +"Total 296" +" Table 2.4 State-wise Membership of the Constituent Assembly of" +"India as on December 31, 1947" +"Sl.No. Name No. of Members" +"A. Provinces (Indian Provinces)–229" +"1. Madras 49" +"2. Bombay 21" +"3. West Bengal 19" +"4. United Provinces 55" +"5. East Punjab 12" +"6. Bihar 36" +"7. C.P. and Berar 17" +"8. Assam 8" +"9. Orissa 9" +"10. Delhi 1" +"11. Ajmer-Merwara 1" +"12. Coorg 1" +"B. Indian States (Princely States)–70" +"1. Alwar 1" +"2. Baroda 3" +"3. Bhopal 1" +"4. Bikaner 1" +"5. Cochin 1" +"6. Gwalior 4" +"7. Indore 1" +"8. Jaipur 3" +"9. Jodhpur 2" +"10. Kolhapur 1" +"11. Kotah 1" +"12. Mayurbhanj 1" +" 13. Mysore 7" +"14. Patiala 2" +"15. Rewa 2" +"16. Travancore 6" +"17. Udaipur 2" +"18. Sikkim and Cooch Behar Group 1" +"19. Tripura, Manipur and Khasi States 1" +"Group" +"20. U.P. States Group 1" +"21. Eastern Rajputana States Group 3" +"22. Central India States Group 3" +"(including Bundelkhand and Malwa)" +"23. Western India States Group 4" +"24. Gujarat States Group 2" +"25. Deccan and Madras States Group 2" +"26. Punjab States Group 3" +"27. Eastern States Group I 4" +"28. Eastern States Group II 3" +"29. Residuary States Group 4" +"Total 299" +"" +"Table 2.5 Sessions of the Constituent Assembly at a Glance" +"Sessions Period" +"First Session December 9–23, 1946" +"Second Session January 20–25, 1947" +"Third Session April 28-May 2, 1947" +"Fourth Session July 14–31, 1947" +"Fifth Session August 14–30, 1947" +"Sixth Session January 27, 1948" +" Seventh Session November 4, 1948-January 8, 1949" +"Eighth Session May 16-June 16, 1949" +"Ninth Session July 30-September 18, 1949" +"Tenth Session October 6–17, 1949" +"Eleventh November 14–26, 1949" +"Session" +"Note: The Assembly met once again on January 24, 1950, when" +"the members appended their signatures to the Constitution of" +"India." +"" +"Table 2.6 Time Taken by the Framers of Other Constitutions8h" +"Sl. Country No. of Working Period Time Taken" +"No. Articles" +"1 U.S.A. 7 May 25, 1787 to Less than 4" +"September 17, months" +"1787" +"2 Canada 147 October 10, 1864 to About 2 years" +"March 1867 and 6 months" +"3 Australia 128 March 1891 to July About 9 years" +"9, 1900" +"4 South 153 October 1908 to 1 year" +"Africa September 20," +"1909" +"" +"Table 2.7 Articles Related to Short Title, Commencement, Hindi" +"Text and Repeals at a Glance" +"Article No. Subject Matter" +"393 Short title" +"394 Commencement" +"394A Authoritative text in the hindi language" +"395 Repeals" +" NOTES AND REFERENCES" +"1. The Cabinet Mission consisting of three members (Lord" +"Pethick Lawrence, Sir Stafford Cripps and A.V." +"Alexander) arrived in India on March 24, 1946. The" +"Cabinet Mission published its plan on May 16, 1946." +"2. These include Madras, Bombay, UP, Bihar, Central" +"Provinces, Orissa, Punjab, NWFP, Sindh, Bengal and" +"Assam." +"3. These include Delhi, Ajmer-Merwara, Coorg and British" +"Baluchistan." +"4. The Government of India Act of 1935 granted limited" +"franchise on the basis of tax, property and education." +"5. These include Baroda, Bikaner, Jaipur, Patiala, Rewa" +"and Udaipur." +"6. For the first time, the Constituent Assembly met as" +"Dominion Legislature on November 17, 1947 and" +"elected G.V. Mavlankar as its speaker." +"7. These are West Punjab, East Bengal, NWFP, Sindh," +"Baluchistan and Sylhet District of Assam. A separate" +"Constituent Assembly was set up for Pakistan." +"8. The Provisional Parliament ceased to exist on April 17," +"1952. The first elected Parliament with the two Houses" +"came into being in May 1952." +"8a. One of the political consequences of the British" +"Government’s statement of June 3, 1947, was that" +"following a referendum, the North-West Frontier" +"Province and Baluchistan became part of the territory of" +"the Dominion of Pakistan and as a result the tribal areas" +"in this region became a concern of that Dominion. The" +"Sub-Committee on the Tribal Areas in the North-West" +"Frontier Province and Baluchistan was not therefore" +"called upon to function on behalf of the Constituent" +"Assembly of India. (B. Shiva Rao, The Framing of" +"India’s Constitution : Select Documents, Volume III," +"P.681.)" +"The members of this Sub-Committee were : Khan" +"Abdul Ghaffar Khan, Khan Abdul Samad Khan and" +" Mehr Chand Khanna. The information about the" +"Chairman is not found." +"8b. B. Shiva Rao, The Framing of India’s Constitution," +"Select Documents, Volume 1, p.326." +"8c. Ibid." +"8d. Granville Austin, The Indian Constitution - Cornerstone" +"of a Nation, Oxford, 1966, pp. 32–33." +"8e. See Table 2.6 at the end of this chapter." +"8f. The 56th Constitutional Amendment Bill of 1987, after" +"being passed by both the Houses of Parliament and" +"assented by the President, finally emerged as the 58th" +"Constitutional Amendment Act of 1987." +"8g. Part XXII is entitled as ‘Short Title, Commencement," +"Authoritative Text in Hindi and Repeals’. Originally, this" +"part consisted of three Articles only - Article 393 (short" +"title), Article 394 (commencement) and Article 395" +"(repeals)." +"8h. J.R. Siwach, Dynamics of Indian Government and" +"Politics, Sterling Publishers Private Limited, Second" +"Edition, 1990, p.10." +"9. Granville Austin, The Indian Constitution–Cornerstone" +"of a Nation, Oxford, 1966, P. 8." +" 3 Salient Features of the Constitution" +"" +"" +"" +"" +"T" +"he Indian Constitution is unique in its contents and spirit." +"Though borrowed from almost every Constitution of the" +"world, the Constitution of India has several salient features" +"that distinguish it from the Constitutions of the other countries." +"It should be noted at the outset that a number of original" +"features of the Constitution (as adopted in 1949) have undergone" +"a substantial change, on account of several amendments," +"particularly 7th, 42nd, 44th, 73rd, 74th, 97th and 101st" +"Amendments. In fact, the 42nd Amendment Act (1976) is known" +"as ‘Mini-Constitution’ due to the important and large number of" +"changes made by it in various parts of the Constitution. However," +"in the Kesavananda Bharati case1 (1973), the Supreme Court" +"ruled that the constituent power of Parliament under Article 368" +"does not enable it to alter the ‘basic structure’ of the Constitution." +" SALIENT FEATURES OF THE CONSTITUTION" +"" +"The salient features of the Constitution, as it stands today, are as" +"follows:" +"" +"1. Lengthiest Written Constitution" +"Constitutions are classified into written, like the American" +"Constitution, or unwritten, like the British Constitution. The" +"Constitution of India is the lengthiest of all the written" +"Constitutions of the world. It is a very comprehensive, elaborate" +"and detailed document." +"Originally (1949), the Constitution contained a Preamble, 395" +"Articles (divided into 22 Parts) and 8 Schedules. Presently (2019)," +"it consists of a Preamble, about 470 Articles (divided into 25" +"Parts) and 12 Schedules2. The various amendments carried out" +"since 1951 have deleted about 20 Articles and one Part (VII) and" +"added about 95 Articles, four Parts (IVA, IXA, IXB and XIVA) and" +"four Schedules (9, 10, 11 and 12). No other Constitution in the" +"world has so many Articles and Schedules3 ." +"Four factors have contributed to the elephantine size of our" +"Constitution. They are:" +"(a) Geographical factors, that is, the vastness of the country and" +"its diversity." +"(b) Historical factors, e.g., the influence of the Government of" +"India Act of 1935, which was bulky." +"(c) Single Constitution for both the Centre and the states4 ." +"(d) Dominance of legal luminaries in the Constituent Assembly." +"The Constitution contains not only the fundamental principles of" +"governance, but also detailed administrative provisions. Further," +"those matters which in other modern democratic countries have" +"been left to the ordinary legislation or established political" +"conventions have also been included in the constitutional" +"document itself in India." +"" +"2. Drawn From Various Sources" +" The Constitution of India has borrowed most of its provisions from" +"the Constitutions of various other countries as well as from the" +"Government of India Act5 of 1935. Dr. B.R. Ambedkar proudly" +"acclaimed that the Constitution of India has been framed after" +"‘ransacking all the known Constitutions of the World6 ’." +"The structural part of the Constitution is, to a large extent," +"derived from the Government of India Act of 1935. The" +"philosophical part of the Constitution (the Fundamental Rights and" +"the Directive Principles of State Policy) derive their inspiration" +"from the American and Irish Constitutions, respectively. The" +"political part of the Constitution (the principle of Cabinet" +"Government and the relations between the Executive and the" +"Legislature) have been largely drawn from the British Constitution7" +"." +"The other provisions of the Constitution have been drawn from" +"the Constitutions of Canada, Australia, Germany, USSR (now" +"Russia), France, South Africa, Japan and so on8 ." +"The most profound influence and material source of the" +"Constitution is the Government of India Act, 1935. The Federal" +"Scheme, Judiciary, Governors, Emergency Powers, the Public" +"Service Commissions and most of the administrative details are" +"drawn from this Act. More than half of the provisions of" +"Constitution are identical to or bear a close resemblance to the" +"Act of 19359 ." +"" +"3. Blend of Rigidity and Flexibility" +"Constitutions are also classified into rigid and flexible. A rigid" +"Constitution is one that requires a special procedure for its" +"amendment, as for example, the American Constitution. A flexible" +"constitution, on the other hand, is one that can be amended in the" +"same manner as the ordinary laws are made, as for example, the" +"British Constitution." +"The Constitution of India is neither rigid nor flexible, but a" +"synthesis of both. Article 368 provides for two types of" +"amendments:" +"(a) Some provisions can be amended by a special majority of" +"the Parliament, i.e., a two-third majority of the members of" +" each House present and voting, and a majority of the total" +"membership of each House." +"(b) Some other provisions can be amended by a special majority" +"of the Parliament and with the ratification by half of the total" +"states." +"At the same time, some provisions of the Constitution can be" +"amended by a simple majority of the Parliament in the manner of" +"ordinary legislative process. Notably, these amendments do not" +"come under Article 368." +"" +"4. Federal System with Unitary Bias" +"The Constitution of India establishes a federal system of" +"Government. It contains all the usual features of a federation, viz.," +"two Government, division of powers, written Constitution," +"supremacy of Constitution, rigidity of Constitution, independent" +"judiciary and bicameralism." +"However, the Indian Constitution also contains a large number" +"of unitary or non-federal features, viz., a strong Centre, single" +"Constitution, single citizenship, flexibility of Constitution," +"integrated judiciary, appointment of state governor by the Centre," +"all-India services, emergency provisions and so on." +"Moreover, the term ‘Federation’ has nowhere been used in the" +"Constitution. Article 1, on the other hand, describes India as a" +"‘Union of States’ which implies two things: one, Indian Federation" +"is not the result of an agreement by the states; and two, no state" +"has the right to secede from the federation." +"Hence, the Indian Constitution has been variously described as" +"‘federal in form but, unitary in spirit’, ‘quasi-federal’ by K.C." +"Wheare, ‘bargaining federalism’ by Morris Jones, ‘co-operative" +"federalism’ by Granville" +"Austin, ‘federation with a centralising tendency’ by Ivor" +"Jennings and so on." +"" +"5. Parliamentary Form of Government" +"The Constitution of India has opted for the British Parliamentary" +"System of Government rather than American Presidential System" +"of Government. The parliamentary system is based on the" +" principle of co-operation and co-ordination between the legislative" +"and executive organs while the presidential system is based on" +"the doctrine of separation of powers between the two organs." +"The parliamentary system is also known as the ‘Westminster’10" +"Model of Government, responsible Government and Cabinet" +"Government. The Constitution establishes the parliamentary" +"system not only at the Centre, but also in the states." +"The features of parliamentary government in India are:" +"(a) Presence of nominal and real executives;" +"(b) Majority party rule," +"(c) Collective responsibility of the executive to the legislature," +"(d) Membership of the ministers in the legislature," +"(e) Leadership of the Prime Minister or the Chief Minister," +"(f) Dissolution of the lower House (Lok Sabha or Assembly)." +"Even though the Indian parliamentary system is largely based" +"on the British pattern, there are some fundamental differences" +"between the two. For example, the Indian Parliament is not a" +"sovereign body like the British Parliament. Further, the Indian" +"State has an elected head (republic) while the British State has" +"hereditary head (monarchy)." +"In a parliamentary system whether in India or Britain, the role of" +"the Prime Minister has become so significant and crucial that the" +"political scientists like to call it a ‘Prime Ministerial Government’." +"" +"6. Synthesis of Parliamentary Sovereignty and Judicial" +"Supremacy" +"The doctrine of sovereignty of Parliament is associated with the" +"British Parliament, while the principle of judicial supremacy with" +"that of the American Supreme Court." +"Just as the Indian parliamentary system differs from the British" +"system, the scope of judicial review power of the Supreme Court" +"in India is narrower than that of what exists in US. This is because" +"the American Constitution provides for ‘due process of law’" +"against that of ‘procedure established by law’ contained in the" +"Indian Constitution (Article 21)." +"Therefore, the framers of the Indian Constitution have preferred" +"a proper synthesis between the British principle of parliamentary" +" sovereignty and the American principle of judicial supremacy. The" +"Supreme Court, on the one hand, can declare the parliamentary" +"laws as unconstitutional through its power of judicial review. The" +"Parliament, on the other hand, can amend the major portion of the" +"Constitution through its constituent power." +"" +"7. Integrated and Independent Judiciary" +"The Indian Constitution establishes a judicial system that is" +"integrated as well as independent." +"The Supreme Court stands at the top of the integrated judicial" +"system in the country. Below it, there are high courts at the state" +"level. Under a high court, there is a hierarchy of subordinate" +"courts, that is, district courts and other lower courts. This single" +"system of courts enforces both the central laws as well as the" +"state laws, unlike in USA, where the federal laws are enforced by" +"the federal judiciary and the state laws are enforced by the state" +"judiciary." +"The Supreme Court is a federal court, the highest court of" +"appeal, the guarantor of the fundamental rights of the citizens and" +"the guardian of the Constitution. Hence, the Constitution has" +"made various provisions to ensure its independence–security of" +"tenure of the judges, fixed service conditions for the judges, all the" +"expenses of the Supreme Court charged on the Consolidated" +"Fund of India, prohibition on discussion on the conduct of judges" +"in the legislatures, ban on practice after retirement, power to" +"punish for its contempt vested in the Supreme Court, separation" +"of the judiciary from the executive, and so on." +"" +"8. Fundamental Rights" +"Part III of the Indian Constitution guarantees six11 fundamental" +"rights to all the citizens:" +"(a) Right to Equality (Articles 14–18);" +"(b) Right to Freedom (Articles 19–22);" +"(c) Right against Exploitation (Articles 23–24);" +"(d) Right to Freedom of Religion (Articles 25–28);" +"(e) Cultural and Educational Rights (Articles 29–30); and" +"(f) Right to Constitutional Remedies (Article 32)." +" The Fundamental Rights are meant for promoting the idea of" +"political democracy. They operate as limitations on the tyranny of" +"the executive and arbitrary laws of the legislature. They are" +"justiciable in nature, that is, they are enforceable by the courts for" +"their violation. The aggrieved person can directly go to the" +"Supreme Court which can issue the writs of habeas corpus," +"mandamus, prohibition, certiorari and quo warranto for the" +"restoration of his rights." +"However, the Fundamental Rights are not absolute and subject" +"to reasonable restrictions. Further, they are not sacrosanct and" +"can be curtailed or repealed by the Parliament through a" +"Constitutional Amendment Act. They can also be suspended" +"during the operation of a National Emergency except the rights" +"guaranteed by Articles 20 and 21." +"" +"9. Directive Principles of State Policy" +"According to Dr. B.R. Ambedkar, the Directive Principles of State" +"Policy is a ‘novel feature’ of the Indian Constitution. They are" +"enumerated in Part IV of the Constitution. They can be classified" +"into three broad cat-egories–socialistic, Gandhian and" +"liberalintellectual." +"The Directive Principles are meant for promoting the ideal of" +"social and economic democracy. They seek to establish a ‘welfare" +"state’ in India. However, unlike the Fundamental Rights, the" +"directives are non-justiciable in nature, that is, they are not" +"enforceable by the courts for their violation. Yet, the Constitution" +"itself declares that ‘these principles are fundamental in the" +"governance of the country and it shall be the duty of the state to" +"apply these principles in making laws’. Hence, they impose a" +"moral obligation on the state authorities for their application. But," +"the real force (sanction) behind them is political, that is, public" +"opinion." +"In the Minerva Mills case12 (1980), the Supreme Court held that" +"‘the Indian Constitution is founded on the bedrock of the balance" +"between the Fundamental Rights and the Directive Principles’." +"" +"10. Fundamental Duties" +" The original constitution did not provide for the Fundamental" +"Duties of the citizens. These were added during the operation of" +"internal emergency (1975–77) by the 42nd Constitutional" +"Amendment Act of 1976 on the recommendation of the Swaran" +"Singh Committee. The 86th Constitutional Amendment Act of" +"2002 added one more fundamental duty." +"The Part IV-A of the Constitution (which consists of only one" +"Article 51-A) specifies the eleven Fundamental Duties viz., to" +"respect the Constitution, national flag and national anthem; to" +"protect the sovereignty, unity and integrity of the country; to" +"promote the spirit of common brotherhood amongst all the people;" +"to preserve the rich heritage of our composite culture and so on." +"The fundamental duties serve as a reminder to citizens that" +"while enjoying their rights, they have also to be quite conscious of" +"duties they owe to their country, their society and to their fellow-" +"citizens. However, like the Directive Principles, the duties are also" +"non-justiciable in nature." +"" +"11. A Secular State" +"The Constitution of India stands for a Secular State. Hence, it" +"does not uphold any particular religion as the official religion of the" +"Indian State. The following provisions of the Constitution reveal" +"the secular character of the Indian State:" +"(a) The term ‘secular’ was added to the Preamble of the Indian" +"Constitution by the 42nd Constitutional Amendment Act of" +"1976" +"(b) The Preamble secures to all citizens of India liberty of belief," +"faith and worship." +"(c) The State shall not deny to any person equality before the" +"law or equal protection of the laws (Article 14)." +"(d) The State shall not discriminate against any citizen on the" +"ground of religion (Article 15)." +"(e) Equality of opportunity for all citizens in matters of public" +"employment (Article 16)." +"(f) All persons are equally entitled to freedom of conscience and" +"the right to freely profess, practice and propagate any religion" +"(Article 25)." +" (g) Every religious denomination or any of its section shall have" +"the right to manage its religious affairs (Article 26)." +"(h) No person shall be compelled to pay any taxes for the" +"promotion of a particular religion (Article 27)." +"(i) No religious instruction shall be provided in any educational" +"institution maintained by the State (Article 28)." +"(j) Any section of the citizens shall have the right to conserve its" +"distinct language, script or culture (Article 29)." +"(k) All minorities shall have the right to establish and administer" +"educational institutions of their choice (Article 30)." +"(l) The State shall endeavour to secure for all the citizens a" +"Uniform Civil Code (Article 44)." +"The Western concept of secularism connotes a complete" +"separation between the religion (the church) and the state (the" +"politics). This negative concept of secularism is inapplicable in the" +"Indian situation where the society is multireligious. Hence, the" +"Indian Constitution embodies the positive concept of secularism," +"i.e., giving equal respect to all religions or protecting all religions" +"equally." +"Moreover, the Constitution has also abolished the old system of" +"communal repre-sentation13 , that is, reservation of seats in the" +"legislatures on the basis of religion. However, it provides for the" +"temporary reservation of seats for the scheduled castes and" +"scheduled tribes to ensure adequate representation to them." +"" +"12. Universal Adult Franchise" +"The Indian Constitution adopts universal adult franchise as a" +"basis of elections to the Lok Sabha and the state legislative" +"assemblies. Every citizen who is not less than 18 years of age has" +"a right to vote without any discrimination of caste, race, religion," +"sex, literacy, wealth and so on. The voting age was reduced to 18" +"years from 21 years in 1989 by the 61st Constitutional" +"Amendment Act of 1988." +"The introduction of universal adult franchise by the" +"Constitution-makers was a bold experiment and highly remarkable" +"in view of the vast size of the country, its huge population, high" +"poverty, social inequality and overwhelming illiteracy.14" +" Universal adult franchise makes democracy broad-based," +"enhances the self-respect and prestige of the common people," +"upholds the principle of equality, enables minorities to protect their" +"interests and opens up new hopes and vistas for weaker sections." +"" +"13. Single Citizenship" +"Though the Indian Constitution is federal and envisages a dual" +"polity (Centre and states), it provides for only a single citizenship," +"that is, the Indian citizenship." +"In countries like USA, on the other hand, each person is not" +"only a citizen of USA, but also a citizen of the particular state to" +"which he belongs. Thus, he owes allegiance to both and enjoys" +"dual sets of rights–one conferred by the National government and" +"another by the state government." +"In India, all citizens irrespective of the state in which they are" +"born or reside enjoy the same political and civil rights of" +"citizenship all over the country and no discrimination is made" +"between them." +"Despite the constitutional provision for a single citizenship and" +"uniform rights for all the people, India has been witnessing the" +"communal riots, class conflicts, caste wars, linguistic clashes and" +"ethnic disputes. This means that the cherished goal of the" +"Constitution-makers to build a united and integrated Indian nation" +"has not been fully realised." +"" +"14. Independent Bodies" +"The Indian Constitution not only provides for the legislative," +"executive and judicial organs of the Government (Central and" +"state) but also establishes certain independent bodies. They are" +"envisaged by the Constitution as the bulkworks of the democratic" +"system of Government in India. These are:" +"(a) Election Commission to ensure free and fair elections to the" +"Parliament, the state legislatures, the office of President of" +"India and the office of Vice-president of India." +"(b) Comptroller and Auditor-General of India to audit the" +"accounts of the Central and state governments. He acts as" +" the guardian of public purse and comments on the legality" +"and propriety of Government expenditure." +"(c) Union Public Service Commission to conduct examinations" +"for recruitment to all-India services15 and higher Central" +"services and to advise the President on disciplinary matters." +"(d) State Public Service Commission in every state to conduct" +"examinations for recruitment to state services and to advice" +"the governor on disciplinary matters." +"The Constitution ensures the independence of these bodies" +"through various provisions like security of tenure, fixed service" +"conditions, expenses being charged on the Consolidated Fund of" +"India, and so on." +"" +"15. Emergency Provisions" +"The Indian Constitution contains elaborate emergency provisions" +"to enable the President to meet any extraordinary situation" +"effectively. The rationality behind the incorporation of these" +"provisions is to safeguard the sovereignty, unity, integrity and" +"security of the country, the democratic political system and the" +"Constitution." +"The Constitution envisages three types of emergencies," +"namely:" +"(a) National emergency on the ground of war or external" +"aggression or armed rebellion16 (Article 352);" +"(b) State emergency (President’s Rule) on the ground of failure" +"of Constitutional machinery in the states (Article 356) or" +"failure to comply with the directions of the Centre (Article" +"365); and" +"(c) Financial emergency on the ground of threat to the financial" +"stability or credit of India (Article 360)." +"During an emergency, the Central Government becomes all-" +"powerful and the states go into the total control of the centre. It" +"converts the federal structure into a unitary one without a formal" +"amendment of the Constitution. This kind of transformation of the" +"political system from federal (during normal times) to unitary" +"(during emergency) is a unique feature of the Indian Constitution." +" 16. Three-tier Government" +"Originally, the Indian Constitution, like any other federal" +"Constitution, provided for a dual polity and contained provisions" +"with regard to the organisation and powers of the Centre and the" +"states. Later, the 73rd and 74th Constitutional Amendment Acts" +"(1992) have added a third-tier of Government (i.e., local) which is" +"not found in any other Constitution of the world." +"The 73rd Amendment Act of 1992 gave constitutional" +"recognition to the panchay-ats (rural local governments) by adding" +"a new Part IX17 and a new Schedule 11 to the Constitution." +"Similarly, the 74th Amendment Act of 1992 gave constitutional" +"recognition to the municipalities (urban local governments) by" +"adding a new Part IX-A18 and a new Schedule 12 to the" +"Constitution." +"" +"17. Co-operative Societies" +"The 97th Constitutional Amendment Act of 2011 gave a" +"constitutional status and protection to co-operative societies. In" +"this context, it made the following three changes in the" +"Constitution:" +"1. It made the right to form co-operative societies a" +"fundamental right (Article 19)." +"2. It included a new Directive Principle of State Policy on" +"promotion of co-operative societies (Article 43-B)." +"3. It added a new Part IX-B in the Constitution which is entitled" +"as “The Co-operative Societies” (Articles 243-ZH to 243-ZT)." +"The new Part IX-B contains various provisions to ensure that" +"the co-operative societies in the country function in a democratic," +"professional, autonomous and economically sound manner. It" +"empowers the Parliament in respect of multi-state cooperative" +"societies and the state legislatures in respect of other co-operative" +"societies to make the appropriate law." +" CRITICISM OF THE CONSTITUTION" +"" +"The Constitution of India, as framed and adopted by the" +"Constituent Assembly of India, has been criticized on the following" +"grounds:" +"1. A Borrowed Constitution" +"The critics opined that the Indian Constitution contains nothing" +"new and original. They described it as a ‘borrowed Constitution’ or" +"a ‘bag of borrowings’ or a ‘hotch-potch Constitution’ or a" +"‘patchwork’ of several documents of the world constitutions." +"However, this criticism is unfair and illogical. This is because, the" +"framers of the Constitution made necessary modifications in the" +"features borrowed from other constitutions for their suitability to" +"the Indian conditions, at the same time avoiding their faults." +"While answering the above criticism in the Constituent" +"Assembly, Dr. B.R. Ambedkar, the Chairman of the Drafting" +"Committee, said : “One likes to ask whether there can be anything" +"new in a Constitution framed at this hour in the history of the" +"world. More than hundred years have rolled over when the first" +"written Constitution was drafted. It has been followed by many" +"countries reducing their constitutions to writing. What the scope of" +"a Constitution should be has long been settled. Similarly, what are" +"the fundamentals of a Constitution are recognized all over the" +"world. Given these facts, all Constitutions in their main provisions" +"must look similar. The only new things, if there can be any, in a" +"Constitution framed so late in the day are the variations made to" +"remove the faults and to accommodate it to the needs of the" +"country. The charge of producing a blind copy of the Constitutions" +"of other countries is based, I am sure, on an inadequate study of" +"the Constitution”.19" +"2. A Carbon Copy of the 1935 Act" +"The critics said that the framers of the Constitution have included" +"a large number of the provisions of the Government of India Act of" +"1935 into the Constitution of India. Hence, they called the" +"Constitution as a “Carbon Copy of the 1935 Act” or an “Amended" +"Version of the 1935 Act”. For example, N. Srinivasan observed" +" that the Indian Constitution is “both in language and substance a" +"close copy of the Act of 1935”. Similarly, Sir Ivor Jennings, a" +"British Constitutionalist, said that “the Constitution derives directly" +"from the Government of India Act of 1935 from which, in fact," +"many of its provisions are copied almost textually”." +"Further, P.R. Deshmukh, a member of the Constituent" +"Assembly, commented that “the Constitution is essentially the" +"Government of India Act of 1935 with only adult franchise added”." +"The same Dr. B.R. Ambedkar answered the above criticism in" +"the Constituent Assembly in the following way : “As to the" +"accusation that the Draft Constitution has reproduced a good part" +"of the provisions of the Government of India Act, 1935, I make no" +"apologies. There is nothing to be ashamed of in borrowing. It" +"involves no plagiarism. Nobody holds any patent rights in the" +"fundamental ideas of a Constitution. What I am sorry about is that" +"the provisions taken from the Government of India Act, 1935," +"relate mostly to the details of administration”.20" +"3. Un-Indian or Anti-Indian" +"According to the critics, the Indian Constitution is ‘un-Indian’ or" +"‘anti-Indian’ because it does not reflect the political traditions and" +"the spirit of India. They said that the foreign nature of the" +"Constitution makes it unsuitable to the Indian situation or" +"unworkable in India. In this context, K. Hanumanthaiya, a member" +"of the Constituent Assembly, commented : “We wanted the music" +"of Veena or Sitar, but here we have the music of an English band." +"That was because our Constitution-makers were educated that" +"way”.21 Similarly, Lokanath Misra, another member of the" +"Constituent Assembly, criticized the Constitution as a “slavish" +"imitation of the west, much more - a slavish surrender to the" +"west”.22 Further, Lakshminarayan Sahu, also a member of the" +"Constituent Assembly, observed: “The ideals on which this draft" +"Constitution is framed have no manifest relation to the" +"fundamental spirit of India. This Constitution would not prove" +"suitable and would break down soon after being brought into" +"operation”.23" +"4. An Un-Gandhian Constitution" +" According to the critics, the Indian Constitution is un-Gandhian" +"because it does not contain the philosophy and ideals of Mahatma" +"Gandhi, the father of the Indian Nation. They opined that the" +"Constitution should have been raised and built upon village" +"panchayats and district panchayats. In this context, the same" +"member of the Constituent Assembly, K. Hanumanthaiya, said:" +"“That is exactly the kind of Constitution Mahatma Gandhi did not" +"want and did not envisage”.24 T. Prakasam, another member of" +"the Constituent Assembly, attributed this lapse to Ambedkar’s" +"non-participation in the Gandhian movement and the antagonism" +"towards the Gandhian ideas.25" +"5. Elephantine Size" +"The critics stated that the Indian Constitution is too bulky and too" +"detailed and contains some unnecessary elements. Sir Ivor" +"Jennings, a British Constitutionalist, observed that the provisions" +"borrowed were not always well-selected and that the constitution," +"generally speaking, was too long and complicated.26" +"In this context, H.V. Kamath, a member of the Constituent" +"Assembly, commented : “The emblem and the crest that we have" +"selected for our assembly is an elephant. It is perhaps in" +"consonance with that our constitution too is the bulkiest that the" +"world has produced”.27 He also said: “I am sure, the House does" +"not agree that we should make the Constitution an elephantine" +"one”.28" +"6. Paradise of the Lawyers" +"According to the critics, the Indian Constitution is too legalistic and" +"very complicated. They opined that the legal language and" +"phraseology adopted in the constitution makes it a complex" +"document. The same Sir Ivor Jennings called it a “lawyer’s" +"paradise”." +"In this context, H.K. Maheswari, a member of the Constituent" +"Assembly, observed : “The draft tends to make people more" +"litigious, more inclined to go to law courts, less truthful and less" +"likely to follow the methods of truth and non-violence. If I may say" +"so, the draft is really a lawyer’s paradise. It opens up vast" +"avenues of litigation and will give our able and ingenious lawyers" +"plenty of work to do”.29" +" Similarly, P.R. Deshmukh, another member of the Constituent" +"Assembly, said : “I should, however, like to say that the draft of the" +"articles that have been brought before the House by Dr." +"Ambedkar seems to my mind to be far too ponderous like the" +"ponderous tomes of a law manual. A document dealing with a" +"constitution hardly uses so much of padding and so much of" +"verbiage. Perhaps it is difficult for them to compose a document" +"which should be, to my mind, not a law manual but a socio-" +"political document, a vibrating, pulsating and life-giving document." +"But, to our misfortune, that was not to be, and we have been" +"burdened with so much of words, words and words which could" +"have been very easily eliminated.”30" +"" +"Table 3.1 The Constitution of India at a Glance" +"Parts Subject Matter Articles" +"Covered" +"I The Union and its territory 1 to 4" +"II Citizenship 5 to 11" +"III Fundamental Rights 12 to 35" +"IV Directive Principles of State Policy 36 to 51" +"IV-A Fundamental Duties 51-A" +"V The Union Government 52 to 151" +"Chapter I - The Executive 52 to 78" +"Chapter II - Parliament 79 to 122" +"Chapter III - Legislative Powers of 123" +"President" +"Chapter IV - The Union Judiciary 124 to 147" +"Chapter V - Comptroller and Auditor- 148 to 151" +"General of India" +"VI The State Governments 152 to 237" +"Chapter I - General 152" +"Chapter II - The Executive 153 to 167" +" Chapter III - The State Legislature 168 to 212" +"Chapter IV - Legislative Powers of 213" +"Governor" +"Chapter V - The High Courts 214 to 232" +"Chapter VI - Subordinate Courts 233 to 237" +"VII The States in Part B of the First Schedule 238" +"(deleted) (deleted)" +"VIII The Union Territories 239 to 242" +"IX The Panchayats 243 to 243–" +"0" +"IX-A The Municipalities 243-P to" +"243-ZG" +"IX-B The Co-operative Societies 243-ZH to" +"243-ZT" +"X The Scheduled and Tribal Areas 244 to 244-" +"A" +"XI Relations between the Union and the 245 to 263" +"States" +"Chapter I - Legislative Relations 245 to 255" +"Chapter II - Administrative Relations 256 to 263" +"XII Finance, Property, Contracts and Suits 264 to 300-" +"A" +"Chapter I - Finance 264 to 291" +"Chapter II - Borrowing 292 to 293" +"Chapter III - Property, Contracts, Rights, 294 to 300" +"Liabilities, Obligations and Suits" +"Chapter IV - Right to Property 300-A" +"XIII Trade, Commerce and Intercourse within 301 to 307" +"the Territory of India" +"XIV Services under the Union and the States 308 to 323" +"Chapter I - Services 308 to 314" +" Chapter II - Public Service Commissions 315 to 323" +"XIV-A Tribunals 323-A to" +"323-B" +"XV Elections 324 to 329-" +"A" +"XVI Special Provisions relating to Certain 330 to 342-" +"Classes A" +"XVII Official Language 343 to 351-" +"A" +"Chapter I - Language of the Union 343 to 344" +"Chapter II - Regional Languages 345 to 347" +"Chapter III–Language of the Supreme 348 to 349" +"Court, High Courts, and so on" +"Chapter IV–Special Directives 350 to 351" +"XVIII Emergency Provisions 352 to 360" +"XIX Miscellaneous 361 to 367" +"XX Amendment of the Constitution 368" +"XXI Temporary, Transitional and Special 369 to 392" +"Provisions" +"XXII Short title, Commencement, Authoritative 393 to 395" +"Text in Hindi and Repeals" +"Note: Part VII (dealing with Part-B states) was deleted by the 7th" +"Amendment Act (1956). On the other hand, both Part IV-A and" +"Part XIV-A were added by the 42nd Amendment Act (1976), while" +"Part IX-A was added by the 74th Amendment Act (1992), and Part" +"IX-B was added by the 97th Amendment Act (2011)." +"" +"Table 3.2 Important Articles of the Constitution at a Glance" +"Articles Deals with" +"1 Name and territory of the Union" +"3 Formation of new states and alteration of areas," +"boundaries or names of existing states" +" 13 Laws inconsistent with or in derogation of the" +"fundamental rights" +"14 Equality before law" +"16 Equality of opportunity in matters of public" +"employment" +"17 Abolition of untouchability" +"19 Protection of certain rights regarding freedom of" +"speech, etc." +"21 Protection of life and personal liberty" +"21A Right to elementary education" +"25 Freedom of conscience and free profession," +"practice and propagation of religion" +"30 Right of minorities to establish and administer" +"educational institutions" +"31C Saving of laws giving effect to certain directive" +"principles" +"32 Remedies for enforcement of fundamental rights" +"including writs" +"38 State to secure a social order for the promotion of" +"welfare of the people" +"40 Organisation of village panchayats" +"44 Uniform civil code for the citizens" +"45 Provision for early childhood care and education" +"to children below the age of 6 years." +"46 Promotion of educational and economic interests" +"of scheduled castes, scheduled tribes and other" +"weaker sections" +"50 Separation of judiciary from executive" +"51 Promotion of international peace and security" +"51A Fundamental duties" +"72 Power of president to grant pardons, etc., and to" +"suspend, remit or commute sentences in certain" +" cases" +"74 Council of ministers to aid and advise the" +"president" +"78 Duties of prime minister as respects the furnishing" +"of information to the president, etc." +"110 Definition of Money Bills" +"112 Annual financial statement (Budget)" +"123 Power of president to promulgate ordinances" +"during recess of Parliament" +"143 Power of president to consult Supreme Court" +"155 Appointment of governor" +"161 Power of governor to grant pardons, etc., and to" +"suspend, remit or commute sentences in certain" +"cases" +"163 Council of ministers to aid and advise the" +"governor" +"167 Duties of chief minister with regard to the" +"furnishing of information to governor, etc." +"169 Abolition or creation of legislative councils in" +"states" +"200 Assent to bills by governor (including reservation" +"for President)" +"213 Power of governor to promulgate ordinances" +"during recess of the state legislature" +"226 Power of high courts to issue certain writs" +"239AA Special provisions with respect to Delhi" +"249 Power of Parliament to legislate with respect to a" +"matter in the State List in the national interest" +"262 Adjudication of disputes relating to waters of inter-" +"state rivers or river valleys" +"263 Provisions with respect to an inter-state council" +"265 Taxes not to be imposed save by authority of law" +" 275 Grants from the Union to certain states" +"280 Finance Commission" +"300 Suits and proceedings" +"300A Persons not to be deprived of property save by" +"authority of law (Right to property)" +"311 Dismissal, removal or reduction in rank of persons" +"employed in civil capacities under the Union or a" +"state." +"312 All-India Services" +"315 Public service commissions for the Union and for" +"the states" +"320 Functions of Public service commissions" +"323-A Administrative tribunals" +"324 Superintendence, direction and control of" +"elections to be vested in an Election Commission" +"330 Reservation of seats for scheduled castes and" +"scheduled tribes in the House of the People" +"335 Claims of scheduled castes and scheduled tribes" +"to services and posts" +"352 Proclamation of Emergency (National Emergency)" +"356 Provisions in case of failure of constitutional" +"machinery in states (President’s Rule)" +"360 Provisions as to financial emergency." +"365 Effect of failure to comply with, or to give effect to," +"directions given by the Union (President’s Rule)" +"368 Power of Parliament to amend the Constitution" +"and procedure therefor" +"370 Temporary provisions with respect to the state of" +"Jammu and Kashmir31" +"" +"Table 3.3 Schedules of the Constitution at a Glance" +"Numbers Subject Matter Articles" +" Covered" +"First 1. Names of the States and their 1 and 4" +"Schedule territorial jurisdiction." +"2. Names of the Union Territories" +"and their extent." +"Second Provisions relating to the 59, 65, 75, 97," +"Schedule emoluments, allowances, 125, 148, 158," +"privileges and so on of: 164, 186 and" +"221" +"1. The President of India" +"2. The Governors of States" +"3. The Speaker and the Deputy" +"Speaker of the Lok Sabha" +"4. The Chairman and the Deputy" +"Chairman of the Rajya Sabha" +"5. The Speaker and the Deputy" +"Speaker of the Legislative" +"Assembly in the states" +"6. The Chairman and the Deputy" +"Chairman of the Legislative" +"Council in the states" +"7. The Judges of the Supreme" +"Court" +"8. The Judges of the High Courts" +"9. The Comptroller and Auditor-" +"General of India" +"Third Forms of Oaths or Affirmations for: 75, 84, 99, 124," +"Schedule 146, 173, 188" +"and 219" +"1. The Union ministers" +"2. The candidates for election to" +"the Parliament" +"3. The members of Parliament" +" 4. The judges of the Supreme" +"Court" +"5. The Comptroller and Auditor-" +"General of India" +"6. The state ministers" +"7. The candidates for election to" +"the state legislature" +"8. The members of the state" +"legislature" +"9. The judges of the High Courts" +"Fourth Allocation of seats in the Rajya 4 and 80" +"Schedule Sabha to the states and the union" +"territories." +"Fifth Provisions relating to the 244" +"Schedule administration and control of" +"scheduled areas and scheduled" +"tribes." +"Sixth Provisions relating to the 244 and 275" +"Schedule administration of tribal areas in the" +"states of Assam, Meghalaya," +"Tripura and Mizoram." +"Seventh Division of powers between the 246" +"Schedule Union and the States in terms of" +"List I (Union List), List II (State List)" +"and List III (Concurrent List)." +"Presently, the Union List contains" +"98 subjects (originally 97), the" +"State List contains 59 subjects" +"(originally 66) and the Concurrent" +"List contains 52 subjects (originally" +"47)." +"Eighth Languages recognized by the 344 and 351" +"Schedule Constitution. Originally, it had 14" +"languages but presently there are" +"22 languages. They are:" +" Assamese, Bengali, Bodo, Dogri" +"(Dongri), Gujarati, Hindi, Kannada," +"Kashmiri, Konkani, Mathili" +"(Maithili), Malayalam, Manipuri," +"Marathi, Nepali, Odia, Punjabi," +"Sanskrit, Santhali, Sindhi, Tamil," +"Telugu and Urdu. Sindhi was" +"added by the 21st Amendment Act" +"of 1967; Konkani, Manipuri and" +"Nepali were added by the 71st" +"Amendment Act of 1992; and" +"Bodo, Dongri, Maithili and Santhali" +"were added by the 92nd" +"Amendment Act of 2003. Oriya" +"was renamed as ‘Odia’ by the 96th" +"Amendment Act of 2011." +"Ninth Acts and Regulations (originally 13 31-B" +"Schedule but presently 282)32 of the state" +"legislatures dealing with land" +"reforms and abolition of the" +"zamindari system and of the" +"Parliament dealing with other" +"matters. This schedule was added" +"by the 1st Amendment (1951) to" +"protect the laws included in it from" +"judicial scrutiny on the ground of" +"violation of fundamental rights." +"However, in 2007, the Supreme" +"Court ruled that the laws included" +"in this schedule after April 24," +"1973, are now open to judicial" +"review." +"Tenth Provisions relating to 102 and 191" +"Schedule disqualification of the members of" +"Parliament and State Legislatures" +"on the ground of defection. This" +"schedule was added by the 52nd" +" Amendment Act of 1985, also" +"known as Anti-defection Law." +"Eleventh Specifies the powers, authority and 243-G" +"Schedule responsibilities of Panchayats. It" +"has 29 matters. This schedule was" +"added by the 73rd Amendment Act" +"of 1992." +"Twelfth Specifies the powers, authority and 243-W" +"Schedule responsibilities of Municipalities. It" +"has 18 matters. This schedule was" +"added by the 74th Amendment Act" +"of 1992." +"" +"Table 3.4 Sources of the Constitution at a Glance" +"Sources Features Borrowed" +"1. Government of India Federal Scheme, Office of" +"Act of 1935 governor, Judiciary, Public Service" +"Commissions, Emergency" +"provisions and administrative" +"details." +"2. British Constitution Parliamentary government, Rule of" +"Law, legislative procedure, single" +"citizenship, cabinet system," +"prerogative writs, parliamentary" +"privileges and bicameralism." +"3. US Constitution Fundamental rights, independence" +"of judiciary, judicial review," +"impeachment of the president," +"removal of Supreme Court and high" +"court judges and post of vice-" +"president." +"4. Irish Constitution Directive Principles of State Policy," +"nomination of members to Rajya" +"Sabha and method of election of" +"president." +" 5. Canadian Federation with a strong Centre," +"Constitution vesting of residuary powers in the" +"Centre, appointment of state" +"governors by the Centre, and" +"advisory jurisdiction of the Supreme" +"Court." +"6. Australian Concurrent List, freedom of trade," +"Constitution commerce and inter-course, and" +"joint sitting of the two Houses of" +"Parliament." +"7. Weimar Constitution Suspension of Fundamental Rights" +"of Germany during Emergency." +"8. Soviet Constitution Fundamental duties and the ideal of" +"(USSR, now Russia) justice (social, economic and" +"political) in the Preamble." +"9. French Constitution Republic and the ideals of liberty," +"equality and fraternity in the" +"Preamble." +"10. South African Procedure for amendment of the" +"Constitution Constitution and election of" +"members of Rajya Sabha." +"11. Japanese Procedure established by Law." +"Constitution" +"" +"" +"NOTES AND REFERENCES" +"1. Kesavananda Bharati v. State of Kerala, (1973)" +"2. For details on Parts, important Articles and Schedules," +"see Tables 3.1, 3.2 and 3.3 at the end of this chapter." +"3. The American Constitution originally consisted of only 7" +"Articles, the Australian 128, the Chinese 138, and the" +"Canadian 147." +"4. Till 2019, the erstwhile State of Jammu and Kashmir" +"had its own constitution and thus enjoyed a special" +"status by virtue of Article 370 of the Constitution of" +"India. In 2019, this special status was abolished by a" +" presidential order known as “The Constitution" +"(Application to Jammu and Kashmir) Order, 2019”. This" +"order superseded the earlier order known as “The" +"Constitution (Application to Jammu and Kashmir) Order," +"1954”. The 2019 order extended all the provisions of the" +"Constitution of India to Jammu and Kashmir also." +"However, the inoperative Article 370 continue to remain" +"in the text of the Constitution of India." +"Further, the Jammu and Kashmir Reorganisation Act," +"2019, bifurcated the erstwhile State of Jammu and" +"Kashmir into two separate Union territories, namely, the" +"Union territory of Jammu & Kashmir and the Union" +"territory of Ladakh." +"5. About 250 provisions of the 1935 Act have been" +"included in the Constitution." +"6. Constituent Assembly Debates, Volume VII, P.35–38." +"7. P.M. Bakshi, The Constitution of India, Universal, Fifth" +"Edition, 2002, P. 4." +"8. See Table 3.4 at the end of this chapter." +"9. Brij Kishore Sharma, Introduction to the Constitution of" +"India, Seventh Edition, 2015, PHI Learning Private" +"Limited, P.42." +"10. Westminster is a place in London where the British" +"Parliament is located. It is often used as a" +"symbol/synonym of the British Parliament." +"11. Originally, the Constitution provided for seven" +"Fundamental Rights. However, the Right to Property" +"(Article 31) was deleted from the list of Fundamental" +"Rights by the 44th Amendment Act of 1978. It is made a" +"legal right under Article 300-A in Part XII of the" +"constitution." +"12. Minerva Mills v. Union of India, (1980)." +"13. The 1909, 1919, and 1935 Acts provided for communal" +"representation." +"14. Even in the western countries, the right to vote was" +"extended only gradually. For example, USA gave" +"franchise to women in 1920, Britain in 1928, USSR" +" (now Russia) in 1936, France in 1945, Italy in 1948 and" +"Switzerland in 1971." +"15. At present, there are three All-India services, namely" +"Indian Administrative Service (IAS), Indian Police" +"Service (IPS) and Indian Forest Service (IFS). In 1947," +"Indian Civil Service (ICS) was replaced by IAS and the" +"Indian Police (IP) was replaced by IPS and were" +"recognised by the Constitution as AllIndia Services. In" +"1963, IFS was created and it came into existence in" +"1966" +"16. The 44th Amendment Act (1978) has replaced the" +"original term ‘internal disturbance’ by the new term" +"‘armed rebellion’." +"17. Part IX of the Constitution provides for a three-tier" +"system of panchayati raj in every state, that is," +"panchayats at the village, intermediate and district" +"levels." +"18. Part IX-A of the Constitution provides for three types of" +"municipalities in every state, that is, nagar panchayat for" +"a transitional area, municipal council for a smaller urban" +"area and municipal corporation for a larger urban area." +"19. Constituent Assembly Debates, Volume VII, pp.35–38." +"20. Ibid." +"21. Constituent Assembly Debates, Volume XI, P.616." +"22. Constituent Assembly Debates, Volume VII, P.242." +"23. Constituent Assembly Debates, Volume XI, P.613." +"24. Constituent Assembly Debates, Volume XI, P.617." +"25. Constituent Assembly Debates, Volume VII, P.387." +"26. Ivor Jennings, Some Characteristics of the Indian" +"Constitution, Oxford University Press, Madras, 1953," +"PP.9–16." +"27. Constituent Assembly Debates, Volume VII, P.1042." +"28. Constituent Assembly Debates, Volume VIII, P.127." +"29. Constituent Assembly Debates, Volume VII, P.293." +"30. Constituent Assembly Debates, Volume IX, P.613." +"31. Till 2019, the erstwhile State of Jammu and Kashmir" +"had its own constitution and thus enjoyed a special" +"status by virtue of Article 370 of the Constitution of" +" India. In 2019, this special status was abolished by a" +"presidential order known as “The Constitution" +"(Application to Jammu and Kashmir) Order, 2019”. This" +"order superseded the earlier order known as “The" +"Constitution (Application to Jammu and Kashmir) Order," +"1954”. The 2019 order extended all the provisions of the" +"Constitution of India to Jammu and Kashmir also." +"However, the inoperative Article 370 continue to remain" +"in the text of the Constitution of India." +"Further, the Jammu and Kashmir Reorganisation Act," +"2019, bifurcated the erstwhile State of Jammu and" +"Kashmir into two separate Union territories, namely, the" +"Union territory of Jammu & Kashmir and the Union" +"territory of Ladakh." +"32. Though the last entry is numbered 284, the actual total" +"number is 282. This is because, three entries (87,92" +"and 130) have been deleted and one entry is numbered" +"as 257-A." +" 4 Preamble of the Constitution" +"" +"" +"" +"" +"T" +"he American Constitution was the first to begin with a" +"Preamble. Many countries, including India, followed this" +"practice. The term ‘Preamble’ refers to the introduction or" +"preface to the Constitution. It contains the summary or essence of" +"the Constitution. N.A. Palkhivala, an eminent jurist and" +"constitutional expert, called the Preamble as the ‘identity card of" +"the Constitution.’" +"The Preamble to the Indian Constitution is based on the" +"‘Objectives Resolution’, drafted and moved by Pandit Nehru, and" +"adopted by the Constituent Assembly1. It has been amended by" +"the 42nd Constitutional Amendment Act (1976), which added" +"three new words–Socialist, Secular and Integrity." +" TEXT OF THE PREAMBLE" +"" +"The Preamble in its present form reads:" +"" +"“We, THE PEOPLE OF INDIA, having solemnly resolved to constitute" +"India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC" +"and to secure to all its citizens:" +"JUSTICE, Social, Economic and Political;" +"" +"LIBERTY of thought, expression, belief, faith and worship;" +"EQUALITY of status and of opportunity; and to promote among" +"them all; FRATERNITY assuring the dignity of the individual and" +"the unity and integrity of the Nation;" +"IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of" +"November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO" +"OURSELVES THIS CONSTITUTION”." +" INGREDIENTS OF THE PREAMBLE" +"The Preamble reveals four ingredients or components:" +"1. Source of authority of the Constitution: The Preamble states" +"that the Constitution derives its authority from the people of" +"India." +"2. Nature of Indian State: It declares India to be of a sovereign," +"socialist, secular democratic and republican polity." +"3. Objectives of the Constitution: It specifies justice, liberty," +"equality and fraternity as the objectives." +"4. Date of adoption of the Constitution: It stipulates November" +"26, 1949, as the date." +" KEY WORDS IN THE PREAMBLE" +"" +"Certain key words–Sovereign, Socialist, Secular, Democratic," +"Republic, Justice, Liberty, Equality and Fraternity–are explained" +"as follows:" +"" +"1. Sovereign" +"The word ‘sovereign’ implies that India is neither a dependency" +"nor a dominion of any other nation, but an independent state2." +"There is no authority above it, and it is free to conduct its own" +"affairs (both internal and external)." +"Though in 1949, India declared the continuation of her full" +"membership of the Commonwealth of Nations and accepted the" +"British Crown as the head of the Commonwealth, this extra-" +"constitutional declaration does not affect India’s sovereignty in any" +"manner3. Further, India’s membership of the United Nations" +"Organisation (UNO) also in no way constitutes a limitation on her" +"sovereignty4 ." +"Being a sovereign state, India can either acquire a foreign" +"territory or cede a part of its territory in favour of a foreign state." +"" +"2. Socialist" +"Even before the term was added by the 42nd Amendment in" +"1976, the Constitution had a socialist content in the form of certain" +"Directive Principles of State Policy. In other words, what was" +"hitherto implicit in the Constitution has now been made explicit." +"Moreover, the Congress party itself adopted a resolution5 to" +"establish a ‘socialistic pattern of society’ in its Avadi session as" +"early as in 1955 and took measures accordingly." +"Notably, the Indian brand of socialism is a ‘democratic" +"socialism’ and not a ‘communistic socialism’ (also known as ‘state" +"socialism’) which involves the nationalisation of all means of" +"production and distribution and the abolition of private property." +"Democratic socialism, on the other hand, holds faith in a ‘mixed" +"economy’ where both public and private sectors co-exist side by" +" side6. As the Supreme Court says, ‘Democratic socialism aims to" +"end poverty, ignorance, disease and inequality of opportunity7." +"Indian socialism is a blend of Marxism and Gandhism, leaning" +"heavily towards the Gandhian socialism’8 ." +"The new Economic Policy (1991) of liberalisation, privatisation" +"and globalisation has, however, diluted the socialist credentials of" +"the Indian State." +"" +"3. Secular" +"The term ‘secular’ too was added by the 42nd Constitutional" +"Amendment Act of 1976. However, as the Supreme Court said in" +"1974, although the words ‘secular state’9 were not expressedly" +"mentioned in the Constitution, there can be no doubt that" +"Constitutionmakers wanted to establish such a state and" +"accordingly Articles 25 to 28 (guaranteeing the fundamental right" +"to freedom of religion) have been included in the constitution." +"The Indian Constitution embodies the positive concept of" +"secularism ie, all religions in our country (irrespective of their" +"strength) have the same status and support from the state10 ." +"" +"4. Democratic" +"A democratic11 polity, as stipulated in the Preamble, is based on" +"the doctrine of popular sovereignty, that is, possession of supreme" +"power by the people." +"Democracy is of two types–direct and indirect. In direct" +"democracy, the people exercise their supreme power directly as is" +"the case in Switzerland. There are four devices of direct" +"democracy, namely, Referendum, Initiative, Recall and" +"Plebiscite12. In indirect democracy, on the other hand, the" +"representatives elected by the people exercise the supreme" +"power and thus carry on the government and make the laws. This" +"type of democracy, also known as representative democracy, is of" +"two kinds–parliamentary and presidential." +"The Indian Constitution provides for representative" +"parliamentary democracy under which the executive is" +"responsible to the legislature for all its policies and actions." +" Universal adult franchise, periodic elections, rule of law," +"independence of judiciary, and absence of discrimination on" +"certain grounds are the manifestations of the democratic" +"character of the Indian polity." +"The term ‘democratic’ is used in the Preamble in the broader" +"sense embracing not only political democracy but also social and" +"economic democracy." +"This dimension was stressed by Dr. Ambedkar in his" +"concluding speech in the Constituent Assembly on November 25," +"1949, in the following way:" +"“Political democracy cannot last unless there lies at the base of" +"it social democracy. What does social democracy mean ? It" +"means a way of life which recognises liberty, equality and" +"fraternity. The principles of liberty, equality and fraternity are not to" +"be treated as separate items in a trinity. They form a union of" +"trinity in the sense that to divorce one from the other is to defeat" +"the very purpose of democracy. Liberty cannot be divorced from" +"equality, equality cannot be divorced from liberty. Nor can liberty" +"and equality be divorced from fraternity. Without equality, liberty" +"would produce the supremacy of the few over the many. Equality" +"without liberty, would kill individual initiative”.12a" +"In the same context, the Supreme Court observed in 1997 that:" +"“The Constitution envisions to establish an egalitarian social order" +"rendering to every citizen social, economic and political justice in" +"a social and economic democracy of the Bharat Republic”." +"" +"5. Republic" +"A democratic polity can be classified into two categories–" +"monarchy and republic. In a monarchy, the head of the state" +"(usually king or queen) enjoys a hereditary position, that is, he" +"comes into office through succession, e.g., Britain. In a republic," +"on the other hand, the head of the state is always elected directly" +"or indirectly for a fixed period, e.g., USA." +"Therefore, the term ‘republic’ in our Preamble indicates that" +"India has an elected head called the president. He is elected" +"indirectly for a fixed period of five years." +"A republic also means two more things: one, vesting of political" +"sovereignty in the people and not in a single individual like a king;" +" second, the absence of any privileged class and hence all public" +"offices being opened to every citizen without any discrimination." +"" +"6. Justice" +"The term ‘justice’ in the Preamble embraces three distinct forms–" +"social, economic and political, secured through various provisions" +"of Fundamental Rights and Directive Principles." +"Social justice denotes the equal treatment of all citizens without" +"any social distinction based on caste, colour, race, religion, sex" +"and so on. It means absence of privileges being extended to any" +"particular section of the society, and improvement in the" +"conditions of backward classes (SCs, STs and OBCs) and" +"women." +"Economic justice denotes the non-discrimination between" +"people on the basis of economic factors. It involves the elimination" +"of glaring inequalities in wealth, income and property. A" +"combination of social justice and economic justice denotes what is" +"known as ‘distributive justice’." +"Political justice implies that all citizens should have equal" +"political rights, equal access to all political offices and equal voice" +"in the government." +"The ideal of justice–social, economic and political–has been" +"taken from the Russian Revolution (1917)." +"" +"7. Liberty" +"The term ‘liberty’ means the absence of restraints on the activities" +"of individuals, and at the same time, providing opportunities for" +"the development of individual personalities." +"The Preamble secures to all citizens of India liberty of thought," +"expression, belief, faith and worship, through their Fundamental" +"Rights, enforceable in court of law, in case of violation." +"Liberty as elaborated in the Preamble is very essential for the" +"successful functioning of the Indian democratic system. However," +"liberty does not mean ‘license’ to do what one likes, and has to be" +"enjoyed within the limitations mentioned in the Constitution itself." +"In brief, the liberty conceived by the Preamble or Fundamental" +"Rights is not absolute but qualified." +" The ideals of liberty, equality and fraternity in our Preamble" +"have been taken from the French Revolution (1789–1799)." +"" +"8. Equality" +"The term ‘equality’ means the absence of special privileges to any" +"section of the society, and the provision of adequate opportunities" +"for all individuals without any discrimination." +"The Preamble secures to all citizens of India equality of status" +"and opportunity. This provision embraces three dimensions of" +"equality–civic, political and economic." +"The following provisions of the chapter on Fundamental Rights" +"ensure civic equality:" +"(a) Equality before the law (Article 14)." +"(b) Prohibition of discrimination on grounds of religion, race," +"caste, sex or place of birth (Article 15)." +"(c) Equality of opportunity in matters of public employment" +"(Article 16)." +"(d) Abolition of untouchability (Article 17)." +"(e) Abolition of titles (Article 18)." +"There are two provisions in the Constitution that seek to" +"achieve political equality. One, no person is to be declared" +"ineligible for inclusion in electoral rolls on grounds of religion," +"race, caste or sex (Article 325). Two, elections to the Lok Sabha" +"and the state assemblies to be on the basis of adult suffrage" +"(Article 326)." +"The Directive Principles of State Policy (Article 39) secures to" +"men and women equal right to an adequate means of livelihood" +"and equal pay for equal work." +"" +"9. Fraternity" +"Fraternity means a sense of brotherhood. The Constitution" +"promotes this feeling of fraternity by the system of single" +"citizenship. Also, the Fundamental Duties (Article 51-A) say that it" +"shall be the duty of every citizen of India to promote harmony and" +"the spirit of common brotherhood amongst all the people of India" +"transcending religious, linguistic, regional or sectional diversities." +" The Preamble declares that fraternity has to assure two things–" +"the dignity of the individual and the unity and integrity of the" +"nation. The word ‘integrity’ has been added to the preamble by the" +"42nd Constitutional Amendment (1976)." +"According to K.M. Munshi, a member of the Drafting Committee" +"of the Constituent Assembly, the phrase ‘dignity of the individual’" +"signifies that the Constitution not only ensures material betterment" +"and maintain a democratic set-up, but that it also recognises that" +"the personality of every individual is sacred. This is highlighted" +"through some of the provisions of the Fundamental Rights and" +"Directive Principles of State Policy, which ensure the dignity of" +"individuals. Further, the Fundamental Duties (Article 51-A) also" +"protect the dignity of women by stating that it shall be the duty of" +"every citizen of India to renounce practices derogatory to the" +"dignity of women, and also makes it the duty of every citizen of" +"India to uphold and protect the sovereignty, unity and integrity of" +"India." +"The phrase ‘unity and integrity of the nation’ embraces both the" +"psychological and territorial dimensions of national integration." +"Article 1 of the Constitution describes India as a ‘Union of States’" +"to make it clear that the states have no right to secede from the" +"Union, implying the indestructible nature of the Indian Union. It" +"aims at overcoming hindrances to national integration like" +"communalism, regionalism, casteism, linguism, secessionism and" +"so on." +" SIGNIFICANCE OF THE PREAMBLE" +"" +"The Preamble embodies the basic philosophy and fundamental" +"values–political, moral and religious–on which the Constitution is" +"based. It contains the grand and noble vision of the Constituent" +"Assembly, and reflects the dreams and aspirations of the founding" +"fathers of the Constitution. In the words of Sir Alladi Krishnaswami" +"Iyer, a member of the Constituent Assembly who played a" +"significant role in making the Constitution, ‘The Preamble to our" +"Constitution expresses what we had thought or dreamt so long’." +"According to K.M. Munshi, a member of the Drafting Committee" +"of the Constituent Assembly, the Preamble is the ‘horoscope of" +"our sovereign democratic republic’." +"Pandit Thakur Das Bhargava, another member of the" +"Constituent Assembly, summed up the importance of the" +"Preamble in the following words: ‘The Preamble is the most" +"precious part of the Constitution. It is the soul of the Constitution." +"It is a key to the Constitution. It is a jewel set in the Constitution. It" +"is a proper yardstick with which one can measure the worth of the" +"Constitution’." +"Sir Ernest Barker, a distinguished English political scientist," +"paid a glowing tribute to the political wisdom of the authors of the" +"Preamble. He described the Preamble as the ‘key-note’13 to the" +"Constitution. He was so moved by the text of the preamble that he" +"quoted14 it at the opening of his popular book, Principles of Social" +"and Political Theory (1951)." +"M. Hidayatullah, a former Chief Justice of India, observed," +"‘Preamble resembles the Declaration of Independence of the" +"United States of America, but is more than a declaration. It is the" +"soul of our Constitution, which lays down the pattern of our" +"political society. It contains a solemn resolve, which nothing but a" +"revolution can alter15 ." +" PREAMBLE AS PART OF THE CONSTITUTION" +"" +"One of the controversies about the Preamble is as to whether it is" +"a part of the Constitution or not." +"In the Berubari Union16 case (1960), the Supreme Court said" +"that the Preamble shows the general purposes behind the several" +"provisions in the Constitution, and is thus a key to the minds of the" +"makers of the Constitution. Further, where the terms used in any" +"article are ambiguous or capable of more than one meaning," +"some assistance at interpretation may be taken from the" +"objectives enshrined in the Preamble. Despite this recognition of" +"the significance of the Preamble, the Supreme Court specifically" +"opined that Preamble is not a part of the Constitution." +"In the Kesavananda Bharati case17 (1973), the Supreme Court" +"rejected the earlier opinion and held that Preamble is a part of the" +"Constitution. It observed that the Preamble is of extreme" +"importance and the Constitution should be read and interpreted in" +"the light of the grand and noble vision expressed in the Preamble." +"In the LIC of India case18 (1995) also, the Supreme Court again" +"held that the Preamble is an integral part of the Constitution." +"Like any other part of the Constitution, the Preamble was also" +"enacted by the Constituent Assembly; but, after the rest of the" +"Constitution was already enacted. The reason for inserting the" +"Preamble at the end was to ensure that it was in conformity with" +"the Constitution as adopted by the Constituent Assembly. While" +"forwarding the Preamble for votes, the President of the" +"Constituent Assembly said, ‘The question is that Preamble stands" +"part of the Constitution’19. The motion was then adopted. Hence," +"the current opinion held by the Supreme Court that the Preamble" +"is a part of the Constitution, is in consonance with the opinion of" +"the founding fathers of the Constitution." +"However, two things should be noted:" +"1. The Preamble is neither a source of power to legislature nor" +"a prohibition upon the powers of legislature." +"2. It is non-justiciable, that is, its provisions are not enforceable" +"in courts of law." +" AMENABILITY OF THE PREAMBLE" +"" +"The question as to whether the Preamble can be amended under" +"Article 368 of the Constitution arose for the first time in the historic" +"Kesavananda Bharati case (1973). It was urged that the Preamble" +"cannot be amended as it is not a part of the Constitution. The" +"petitioner contended that the amending power in Article 368" +"cannot be used to destroy or damage the basic elements or the" +"fundamental features of the Constitution, which are enshrined in" +"the Preamble." +"The Supreme Court, however, held that the Preamble is a part" +"of the Constitution. The Court stated that the opinion tendered by" +"it in the Berubari Union (1960) in this regard was wrong, and held" +"that the Preamble can be amended, subject to the condition that" +"no amendment is done to the ‘basic features’. In other words, the" +"Court held that the basic elements or the fundamental features of" +"the Constitution as contained in the Preamble cannot be altered" +"by an amendment under Article 36820 ." +"The Preamble has been amended only once so far, in 1976, by" +"the 42nd Constitutional Amendment Act, which has added three" +"new words–Socialist, Secular and Integrity–to the Preamble. This" +"amendment was held to be valid." +"" +"" +"NOTES AND REFERENCES" +"1. Moved by Nehru on December 13, 1946 and adopted" +"by the Constituent Assembly on January 22, 1947." +"2. Till the passage of the Indian Independence Act, 1947," +"India was a dependency (colony) of the British Empire." +"From August 15, 1947 to January 26, 1950, India’s" +"political status was that of a dominion in the British" +"Commonwealth of Nations. India ceased to be a British" +"dominion on January 26, 1950, by declaring herself a" +"sovereign republic. However, Pakistan continued to be a" +"British Dominion until 1956." +"3. To dispel the lurking fears of some members of the" +"Constituent Assembly, Pandit Nehru said in 1949 thus:" +" ‘We took pledge long ago to achieve Purna Swaraj. We" +"have achieved it. Does a nation lose its independence" +"by an alliance with another country? Alliance normally" +"means commitments. The free association of the" +"sovereign Commonwealth of Nations does not involve" +"such commitments. Its very strength lies in its flexibility" +"and its complete freedom. It is well-known that it is open" +"to any member-nation to go out of the commonwealth if" +"it so chooses’. He further stated, ‘It is an agreement by" +"free will, to be terminated by free will’." +"4. India became a member of the UNO in 1945." +"5. The Resolution said: ‘In order to realise the object of" +"Congress and to further the objectives stated in the" +"Preamble and Directive Principles of State Policy of the" +"Constitution of India, planning should take place with a" +"view to the establishment of a socialistic pattern of" +"society, where the principal means of production are" +"under social ownership or control, production is" +"progressively speeded up and there is equitable" +"distribution of the national wealth’." +"6. The Prime Minister, Indira Gandhi, said, ‘We have" +"always said that we have our own brand of socialism." +"We will nationalise the sectors where we feel the" +"necessity. Just nationalisation is not our type of" +"socialism’." +"7. G.B. Pant University of Agriculture and Technology v." +"State of Uttar Pradesh (2000)." +"8. Nakara v. Union of India (1983)." +"9. On the basis of the attitude of the state towards religion," +"three types of states can be conceived of:" +"(a) Atheistic State: The state is anti-religion and hence," +"condemns all religions." +"(b) Theocratic State: The state is pro-religion and" +"hence, declares one particular religion as the state" +"religion, as for example, Bangladesh, Burma, Sri" +"Lanka, Pakistan, and so on." +"(c) Secular State: The state is neutral in the matter of" +"religion and hence, does not uphold any particular" +" religion as the state religion, as for example, USA" +"and India." +"G.S. Pande, Constitutional Law of India, Allahabad" +"Law Agency, eighth edition, 2002, P. 222." +"10. The then Union Law Minister, H.R. Gokhale defined this" +"concept as: ‘There will be freedom, liberty of faith and" +"worship, whatever religion you belong to. The State will" +"not have anything to do, as a state, with any religion" +"excepting to treat every religion equally, but the State" +"will not have any foundation of religion’. Similarly, P.B." +"Gajendragadkar, a former Chief Justice of India, defined" +"secularism as in the Indian Constitution in the following" +"way: ‘The State does not owe loyalty to any particular" +"religion as such: it is not irreligious or anti-religious; it" +"gives equal freedom to all religions’." +"11. The term ‘democracy’ is derived from two Greek words," +"namely, Demos and Kratia meaning ‘People’ and ‘rule’" +"respectively." +"12. Referendum is a procedure whereby a proposed" +"legislation is referred to the electorate for settlement by" +"their direct votes." +"Initiative is a method by means of which the people can" +"propose a bill to the legislature for enactment." +"Recall is a method by means of which the voters can" +"remove a representative or an officer before the expiry" +"of his term, when he fails to discharge his duties" +"properly." +"Plebiscite is a method of obtaining the opinion India’s of" +"people on any issue of public importance. It is generally" +"used to solve the territorial disputes." +"12a. B. Shiva Rao, The Framing of India’s Constitution:" +"Select Documents, Volume IV, P. 944." +"13. He said that the Preamble of the Indian Constitution" +"states ‘in a brief and pithy form the argument of much of" +"the book; and it may accordingly serve as a key-note’." +"14. He wrote: ‘I am all the more moved to quote it because I" +"am proud that the people of India should begin their" +"independent life by subscribing to the principles of a" +" political tradition which we in the west call western, but" +"which is now something more than the western’." +"15. M Hidayatullah, Democracy in India and the Judicial" +"Process, p. 51." +"16. Reference by the President of India under Article 143 of" +"the Constitution on the implementation of the Indo-" +"Pakistan agreement relating to Berubari union and" +"exchange of enclaves (1960)." +"17. Kesavananda Bharati v. State of Kerala (1973)." +"18. LIC of India v. Consumer Education and Research" +"Centre (1995)." +"19. ‘Constituent Assembly Debates’, Volume 10, P. 450–" +"456" +"20. The Court observed, ‘The edifice of our Constitution is" +"based upon the basic elements mentioned in the" +"Preamble. If any of these elements are removed, the" +"structure will not survive and it will not be the same" +"Constitution or it cannot maintain its identity. An" +"amending power cannot be interpreted so as to confer" +"power on the Parliament to take away any of these" +"fundamental and basic characteristics of the polity’." +" 5 Union and its Territory" +"" +"" +"" +"" +"A" +"rticles 1 to 4 under Part-I of the Constitution deal with the" +"Union and its territory." +" UNION OF STATES" +"Article 1 describes India, that is, Bharat as a ‘Union of States’" +"rather than a ‘Federation of States’. This provision deals with two" +"things: one, name of the country; and two, type of polity." +"There was no unanimity in the Constituent Assembly with" +"regard to the name of the country. Some members suggested the" +"traditional name (Bharat), while other advocated the modern" +"name (India). Hence, the Constituent Assembly had to adopt a" +"mix of both (‘India, that is, Bharat’)" +"Secondly, the country is described as ‘Union’ although its" +"Constitution is federal in structure. According to Dr. B.R." +"Ambedkar, the phrase ‘Union of States’ has been preferred to" +"‘Federation of States’ for two reasons: one, the Indian Federation" +"is not the result of an agreement among the states like the" +"American Federation; and two, the states have no right to secede" +"from the federation. The federation is an Union because it is" +"indestructible. The country is an integral whole and divided into" +"different states only for the convenience of administration1 ." +"According to Article 1, the territory of India can be classified into" +"three categories:" +"1. Territories of the states" +"2. Union territories" +"3. Territories that may be acquired by the Government of India" +"at any time." +"The names of states and union territories and their territorial" +"extent are mentioned in the first schedule of the Constitution. At" +"present, there are 28 states and 9 union territories. The provisions" +"of the Constitution pertaining to the states are applicable to all the" +"states in the same manner2. However, the special provisions" +"(under Part XXI) applicable to the States of Maharashtra, Gujarat," +"Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim," +"Mizoram, Arunanchal Pradesh, Goa and Karnataka override the" +"general provisions relating to the states as a class. Further, the" +"Fifth and Sixth Schedules contain separate provisions with" +" respect to the administration of scheduled areas and tribal areas" +"within the states." +"Notably, the ‘Territory of India’ is a wider expression than the" +"‘Union of India’ because the latter includes only states while the" +"former includes not only the states, but also union territories and" +"territories that may be acquired by the Government of India at any" +"future time. The states are the members of the federal system and" +"share a distribution of powers with the Centre. The union" +"territories and the acquired territories, on the other hand, are" +"directly administered by the Central government." +"Being a sovereign state, India can acquire foreign territories" +"according to the modes recognised by international law, i.e.," +"cession (following treaty, purchase, gift, lease or plebiscite)," +"occupation (hitherto unoccupied by a recognised ruler), conquest" +"or subjugation. For example, India acquired several foreign" +"territories such as Dadra and Nagar Haveli; Goa, Daman and Diu;" +"Puducherry; and Sikkim since the commencement of the" +"Constitution. The acquisition of these territories are discussed" +"later in this chapter." +"Article 2 empowers the Parliament to ‘admit into the Union of" +"India, or establish, new states on such terms and conditions as it" +"thinks fit’. Thus, Article 2 grants two powers to the Parliament: (a)" +"the power to admit into the Union of India new states; and (b) the" +"power to establish new states. The first refers to the admission of" +"states which are already in existence, while the second refers to" +"the establishment of states which were not in existence before." +"Notably, Article 2 relates to the admission or establishment of new" +"states that are not part of the Union of India. Article 3, on the other" +"hand, relates to the formation of or changes in the existing states" +"of the Union of India. In other words, Article 3 deals with the" +"internal re-adjustment inter se of the territories of the constituent" +"states of the Union of India." +" PARLIAMENT’S POWER TO REORGANISE THE" +"STATES" +"" +"Article 3 authorises the Parliament to:" +"(a) form a new state by separation of territory from any state or" +"by uniting two or more states or parts of states or by uniting" +"any territory to a part of any state;" +"(b) increase the area of any state;" +"(c) diminish the area of any state;" +"(d) alter the boundaries of any state; and" +"(e) alter the name of any state." +"However, Article 3 lays down two conditions in this regard: one," +"a bill contemplating the above changes can be introduced in the" +"Parliament only with the prior recommendation of the President;" +"and two, before recommending the bill, the President has to refer" +"the same to the state legislature concerned for expressing its" +"views within a specified period." +"Further, the power of Parliament to form new states includes" +"the power to form a new state or union territory by uniting a part of" +"any state or union territory to any other state or union territory3 ." +"The President (or Parliament) is not bound by the views of the" +"state legislature and may either accept or reject them, even if the" +"views are received in time. Further, it is not necessary to make a" +"fresh reference to the state legislature every time an amendment" +"to the bill is moved and accepted in Parliament4. In case of a" +"union territory, no reference need be made to the concerned" +"legislature to ascertain its views and the Parliament can itself take" +"any action as it deems fit." +"It is, thus, clear that the Constitution authorises the Parliament" +"to form new states or alter the areas, boundaries or names of the" +"existing states without their consent. In other words, the" +"Parliament can redraw the political map of India according to its" +"will. Hence, the territorial integrity or continued existence of any" +"state is not guaranteed by the Constitution. Therefore, India is" +"rightly described as ‘an indestructible union of destructible states’." +"The Union Government can destroy the states whereas the state" +"governments cannot destroy the Union. In USA, on the other" +" hand, the territorial integrity or continued existence of a state is" +"guaranteed by the Constitution. The American Federal" +"Government cannot form new states or alter the borders of" +"existing states without the consent of the states concerned. That" +"is why the USA is described as ‘an indestructible union of" +"indestructible states.’" +"Moreover, the Constitution (Article 4) itself declares that laws" +"made for admission or establishment of new states (under Article" +"2) and formation of new states and alteration of areas, boundaries" +"or names of existing states (under Articles 3) are not to be" +"considered as amendments of the Constitution under Article 368." +"This means that such laws can be passed by a simple majority" +"and by the ordinary legislative process." +"Does the power of Parliament to diminish the areas of a state" +"(under Article 3) include also the power to cede Indian territory to" +"a foreign country? This question came up for examination before" +"the Supreme Court in a reference made by the President in 1960." +"The decision of the Central Government to cede part of a territory" +"known as Berubari Union (West Bengal) to Pakistan led to political" +"agitation and controversy and thereby necessitated the" +"Presidential reference. The Supreme Court held that the power of" +"Parliament to diminish the area of a state (under Article 3) does" +"not cover cession of Indian territory to a foreign country. Hence," +"Indian territory can be ceded to a foreign state only by amending" +"the Constitution under Article 368. Consequently, the 9th" +"Constitutional Amendment Act (1960) was enacted to transfer the" +"said territory to Pakistan." +"On the other hand, the Supreme Court in 1969 ruled that," +"settlement of a boundary dispute between India and another" +"country does not require a constitutional amendment. It can be" +"done by executive action as it does not involve cession of Indian" +"territory to a foreign country." +" EXCHANGE OF TERRITORIES WITH BANGLADESH" +"" +"The 100th Constitutional Amendment Act (2015) was enacted to" +"give effect to the acquiring of certain territories by India and" +"transfer of certain other territories to Bangladesh in pursuance of" +"the agreement and its protocol entered into between the" +"Governments of India and Bangladesh. Under this deal, India" +"transferred 111 enclaves to Bangladesh, while Bangladesh" +"transferred 51 enclaves to India. In addition, the deal also involved" +"the transfer of adverse possessions and the demarcation of a 6.1" +"km undemarcated border stretch. For these three purposes, the" +"amendment modified the provisions relating to the territories of" +"four states (Assam, West Bengal, Meghalaya and Tripura) in the" +"First Schedule of the Constitution. The background of this" +"amendment is as follows:" +"1. India and Bangladesh have a common land boundary of" +"approximately 4096.7 kms. The India-East Pakistan land" +"boundary was determined as per the Radcliffe Award of" +"1947. Disputes arose out of some provisions in the Radcliffe" +"Award, which were sought to be resolved through the Bagge" +"Award of 1950. Another effort was made to settle these" +"disputes by the Nehru-Noon Agreement of 1958. However," +"the issue relating to division of Berubari Union was" +"challenged before the Supreme Court. To comply with the" +"opinion rendered by the Supreme Court, the Constitution" +"(9th Amendment) Act, 1960 was passed by the Parliament." +"Due to the continuous litigation and other political" +"developments at that time, the Constitution (9th" +"Amendment) Act, 1960 could not be notified in respect of" +"territories in former East Pakistan (presently Bangladesh).4a" +"2. On May 16, 1974, the Agreement between India and" +"Bangladesh concerning the demarcation of the land" +"boundary and related matters was signed between both the" +"countries to find a solution to the complex nature of the" +"border demarcation involved. This Agreement was not" +"ratified as it involved, inter alia, transfer of territory which" +"requires a Constitutional Amendment. In this connection, it" +" was also required to identify the precise area on the ground" +"which would be transferred. Subsequently, the issues" +"relating to demarcation of un-demarcated boundary; the" +"territories in adverse possession; and exchange of enclaves" +"were identified and resolved by signing a Protocol on" +"September 6, 2011, which forms an integral part of the Land" +"Boundary Agreement between India and Bangladesh, 1974." +"The Protocol was prepared with support and concurrence of" +"the concerned state governments of Assam, Meghalaya," +"Tripura and West Bengal.4b" +" EVOLUTION OF STATES AND UNION TERRITORIES" +"" +"Integration of Princely States" +"At the time of independence, India comprised two categories of" +"political units, namely, the British provinces (under the direct rule" +"of British government) and the princely states (under the rule of" +"native princes but subject to the paramountcy of the British" +"Crown). The Indian Independence Act (1947) created two" +"independent and separate dominions of India and Pakistan and" +"gave three options to the princely states viz., joining India, joining" +"Pakistan or remaining independent. Of the 552 princely states" +"situated within the geographical boundaries of India, 549 joined" +"India and the remaining 3 (Hyderabad, Junagarh and Kashmir)" +"refused to join India. However, in course of time, they were also" +"integrated with India–Hyderabad by means of police action," +"Junagarh by means of referendum and Kashmir by the Instrument" +"of Accession." +"In 1950, the Constitution contained a four-fold classification of" +"the states and territories of the Indian Union–Part A, Part B and" +"Part C states and Part D territories5. In all, they numbered 29. Part" +"A states comprised nine erstwhile governor’s provinces of British" +"India. Part B states consisted of nine erstwhile princely states with" +"legislatures. Part C states consisted of erstwhile chief" +"commissioner’s provinces of British India and some of the" +"erstwhile princely states. These Part C states (in all 10 in number)" +"were centrally administered. The Andaman and Nicobar Islands" +"were kept as the solitary Part D territories." +"" +"Dhar Commission and JVP Committee" +"The integration of princely states with the rest of India has purely" +"an ad hoc arrangement. There has been a demand from different" +"regions, particularly South India, for reorganisation of states on" +"linguistic basis. Accordingly, in June 1948, the Government of" +"India appointed the Linguistic Provinces Commission under the" +"chairmanship of S.K. Dhar to examine the feasibility of this. The" +" commission submitted its report in December, 1948, and" +"recommended the reorganisation of states on the basis of" +"administrative convenience rather than linguistic factor. This" +"created much resentment and led to the appointment of another" +"Linguistic Provinces Committee by the Congress in December," +"1948, itself to examine the whole question afresh. It consisted of" +"Jawaharlal Nehru, Vallahbhai Patel and Pattabhi Sitaramayya and" +"hence, was popularly known as JVP Committee6. It submitted its" +"report in April, 1949, and formally rejected language as the basis" +"for reorganisation of states." +"" +"Table 5.1 Territory of India in 1950" +"States in States in States in Territories in Part D" +"Part A Part B Part C" +"1. Assam 1. Hyderabad 1. Ajmer 1. Andaman and" +"Nicobar Islands" +"2. Bihar 2. Jammu 2. Bhopal" +"and Kashmir" +"3. Bombay 3. Madhya 3. Bilaspur" +"Bharat" +"4. Madhya 4. Mysore 4. Cooch-" +"Pradesh Behar" +"5. Madras 5. Patiala 5. Coorg" +"and East" +"Punjab" +"6. Orissa 6. Rajasthan 6. Delhi" +"7. Punjab 7. Saurashtra 7. Himachal" +"Pradesh" +"8. United 8. 8. Kutch" +"Provinces Travancore-" +"Cochin" +"9. West 9. Vindhya 9. Manipur" +"Bengal Pradesh" +"10. Tripura" +" Table 5.2 Original Parts of the Constitution Dealing with States" +"and Territories" +"Parts Original Heading Articles covered" +"VI The States in Part A 152–237" +"of the First Schedule" +"VII The States in Part B 238" +"of the First Schedule" +"VIII The States in Part C 239–242" +"of the First Schedule" +"IX The Territories in 243" +"Part D of the First" +"Schedule and other" +"Territories not" +"specified in that" +"Schedule" +"" +"However, in October, 1953, the Government of India was forced" +"to create the first linguistic state, known as Andhra state, by" +"separating the Telugu speaking areas from the Madras state. This" +"followed a prolonged popular agitation and the death of Potti" +"Sriramulu, a Congress person of standing, after a 56-day hunger" +"strike for the cause." +"" +"Fazl Ali Commission" +"The creation of Andhra state intensified the demand from other" +"regions for creation of states on linguistic basis. This forced the" +"Government of India to appoint (in December, 1953) a three-" +"member States Reorganisation Commission under the" +"chairmanship of Fazl Ali to re-examine the whole question. Its" +"other two members were K.M. Panikkar and H.N. Kunzru. It" +"submitted its report in September 1955 and broadly accepted" +"language as the basis of reorganisation of states. But, it rejected" +"the theory of ‘one language-one state’. Its view was that the unity" +"of India should be regarded as the primary consideration in any" +"redrawing of the country’s political units. It identified four major" +" factors that can be taken into account in any scheme of" +"reorganisation of states:" +"(a) Preservation and strengthening of the unity and security of" +"the country." +"(b) Linguistic and cultural homogeneity." +"(c) Financial, economic and administrative considerations." +"(d) Planning and promotion of the welfare of the people in each" +"state as well as of the nation as a whole." +"" +"Table 5.3 Territory of India in 1956" +"States Union Territories" +"1. Andra Pradesh 1. Andaman and Nicobar Islands" +"2. Assam 2. Delhi" +"3. Bihar 3. Himachal Pradesh" +"4. Bombay 4. Laccadive, Minicoy and Amindivi" +"Islands" +"5. Jammu and Kashmir 5. Manipur" +"6. Kerala 6. Tripura" +"7. Madhya Pradesh" +"8. Madras" +"9. Mysore" +"10. Orissa" +"11. Punjab" +"12. Rajasthan" +"13. Uttar Pradesh" +"14. West Bengal" +"" +"The commission suggested the abolition of the four-fold" +"classification of states and territories under the original" +"Constitution and creation of 16 states and 3 centrally administered" +"territories. The Government of India accepted these" +"recommendations with certain minor modifications. By the States" +"Reorganisation Act (1956) and the 7th Constitutional Amendment" +" Act (1956), the distinction between Part A and Part B states was" +"done away with and Part C states were abolished. Some of them" +"were merged with adjacent states and some other were" +"designated as union territories. As a result, 14 states and 6 union" +"territories were created on November 1, 1956.7" +"The States Reorganisation Act (1956) established the new" +"state of Kerala by merging the Travancore - Cochin State with the" +"Malabar District of Madras state and Kasargode of South Canara" +"(Dakshina Kannada). It merged the Telugu-speaking areas of" +"Hyderabad state with the Andhra state to create the Andhra" +"Pradesh state. Further, it merged the Madya Bharat state, Vindya" +"Pradesh state and Bhopal state into the Madya Pradesh state." +"Similarly, it merged the Saurashtra state and Kutch state into that" +"of the Bombay state, the Coorg state into that of Mysore state; the" +"Patiala and East Punjab States Union (Pepsu) into that of Punjab" +"state; and the Ajmer state into that of Rajastan state. Moreover, it" +"created the new union territory of Laccadive, Minicoy and Amindivi" +"Islands from the territory detached from the Madras state." +"" +"New States and Union Territories Created After 1956" +"Even after the large-scale reorganisation of the states in 1956, the" +"political map of India underwent continuous changes due to the" +"pressure of popular agitations and political conditions. The" +"demand for the creation of some more states on the basis of" +"language or cultural homogeneity resulted in the bifurcation of" +"existing states." +"" +"Maharashtra and Gujarat" +"In 1960, the bilingual state of Bombay was divided8 into two" +"separate states–Maharashtra for Marathispeaking people and" +"Gujarat for Gujaratispeaking people. Gujarat was established as" +"the 15th state of the Indian Union." +"" +"Dadra and Nagar Haveli" +"The Portuguese ruled this territory until its liberation in 1954." +"Subsequently, the administration was carried on till 1961 by an" +"administrator chosen by the people themselves. It was converted" +" into a union territory of India by the 10th Constitutional" +"Amendment Act, 1961." +"" +"Goa, Daman and Diu" +"India acquired these three territories from the Portuguese by" +"means of a police action in 1961. They were constituted as a" +"union territory by the 12th Constitutional Amendment Act, 1962." +"Later, in 1987, Goa was conferred a statehood.9 Consequently," +"Daman and Diu was made a separate union territory." +"" +"Puducherry" +"The territory of Puducherry comprises the former French" +"establishments in India known as Puducherry, Karaikal, Mahe and" +"Yanam. The French handed over this territory to India in 1954." +"Subsequently, it was administered as an ‘acquired territory’, till" +"1962 when it was made a union territory by the 14th Constitutional" +"Amendment Act." +"" +"Nagaland" +"In 1963, the State of Nagaland was formed10 by taking the Naga" +"Hills and Tuensang area out of the state of Assam. This was done" +"to satisfy the movement of the hostile Nagas. However, before" +"giving Nagaland the status of the 16th state of the Indian Union, it" +"was placed under the control of governor of Assam in 1961." +"" +"Haryana, Chandigarh and Himachal Pradesh" +"In 1966, the State of Punjab was bifurcated11 to create Haryana," +"the 17th state of the Indian Union, and the union territory of" +"Chandigarh. This followed the demand for a separate ‘Sikh" +"Homeland’ (Punjabi Subha) raised by the Akali Dal under the" +"leadership of Master Tara Singh. On the recommendation of the" +"Shah Commission (1966), the Punjabi-speaking areas were" +"constituted into the unilingual state of Punjab, the Hindi-speaking" +"areas were constituted into the State of Haryana and the hill areas" +"were merged with the adjoining union territory of Himachal" +"Pradesh. In 1971, the union territory of Himachal Pradesh was" +"elevated12 to the status of a state (18th state of the Indian Union)." +"" +"Manipur, Tripura and Meghalaya" +" In 1972, the political map of Northeast India underwent a major" +"change.13 Thus, the two union territories of Manipur and Tripura" +"and the sub-state of Meghalaya got statehood and the two union" +"territories of Mizoram and Arunachal Pradesh (originally known as" +"North-East Frontier Agency–NEFA) came into being. With this, the" +"number of states of the Indian Union increased to 21 (Manipur" +"19th, Tripura 20th and Meghalaya 21st). Initially, the 22nd" +"Constitutional Amendment Act (1969) created Meghalaya as an" +"‘autonomous state’ or ‘sub-state’ within the state of Assam with its" +"own legislature and council of ministers. However, this did not" +"satisfy the aspirations of the people of Meghalaya. The union" +"territories of Mizoram and Arunachal Pradesh were also formed" +"out of the territories of Assam." +"" +"Sikkim" +"Till 1947, Sikkim was an Indian princely state ruled by Chogyal. In" +"1947, after the lapse of British paramountcy, Sikkim became a" +"‘protectorate’ of India, whereby the Indian Government assumed" +"responsibility for the defence, external affairs and communications" +"of Sikkim. In 1974, Sikkim expressed its desire for greater" +"association with India. Accordingly, the 35th Constitutional" +"Amendment Act (1974) was enacted by the parliament. This" +"amendment introduced a new class of statehood under the" +"constitution by conferring on Sikkim the status of an ‘associate" +"state’ of the Indian Union. For this purpose, a new Article 2-A and" +"a new schedule (10th Schedule containing the terms and" +"conditions of association) were inserted in the Constitution. This" +"experiment, however, did not last long as it could not fully satisfy" +"the aspirations of the people of Sikkim. In a referendum held in" +"1975, they voted for the abolition of the institution of Chogyal and" +"Sikkim becoming an integral part of India. Consequently, the 36th" +"Constitutional Amendment Act (1975) was enacted to make" +"Sikkim a full-fledged state of the Indian Union (the 22nd state)." +"This amendment amended the First and the Fourth Schedules to" +"the Constitution and added a new Article 371-F to provide for" +"certain special provisions with respect to the administration of" +"Sikkim. It also repealed Article 2-A and the 10th Schedule that" +"were added by the 35th Amendment Act of 1974." +" Mizoram, Arunachal Pradesh and Goa" +"In 1987, three new States of Mizoram,14 Arunachal Pradesh15" +"and Goa16 came into being as the 23rd, 24th and 25th states of" +"the Indian Union respectively. The union territory of Mizoram was" +"conferred the status of a full state as a sequel to the signing of a" +"memorandum of settlement (Mizoram Peace Accord) in 1986" +"between the Central government and the Mizo National Front," +"ending the two-decade-old insurgency. Arunachal Pradesh had" +"also been a union territory from 1972. The State of Goa was" +"created by separating the territory of Goa from the Union Territory" +"of Goa, Daman and Diu." +"" +"Chhattisgarh, Uttarakhand and Jharkhand" +"In 2000, three more new States of Chhattisgarh,17 Uttarakhand18" +"and Jharkhand19 were created out of the territories of Madhya" +"Pradesh, Uttar Pradesh and Bihar, respectively. These became" +"the 26th, 27th and 28th states of the Indian Union, respectively." +"" +"Telangana" +"In 2014, the new state of Telangana came into existence as the" +"29th state of the Indian Union. It was carved out of the territories" +"of Andhra Pradesh." +"The Andhra State Act (1953) formed the first linguistic state of" +"India, known as the state of Andhra, by taking out the Telugu" +"speaking areas from the State of Madras (now Tamil Nadu)." +"Kurnool was the capital of Andhra state and the state high court" +"was established at Guntur." +"The States Reorganisation Act (1956) merged the Telugu-" +"speaking areas of Hyderabad state with the Andhra state to create" +"the enlarged Andhra Pradesh state. The capital of the state was" +"shifted to Hyderabad." +"Again, the Andhra Pradesh Reorganisation Act (2014)" +"bifurcated the Andhra Pradesh into two separate states, namely," +"the Andhra Pradesh (residuary) and the Telangana." +"" +"Jammu & Kashmir and Ladakh" +"Till 2019, the erstwhile State of Jammu and Kashmir had its own" +"constitution and thus enjoyed a special status by virtue of Article" +"370 of the Constitution of India. In 2019, this special status was" +" abolished by a presidential order known as “The Constitution" +"(Application to Jammu and Kashmir) Order, 2019”. This order" +"superseded the earlier order known as “The Constitution" +"(Application to Jammu and Kashmir) Order, 1954”. The 2019" +"order extended all the provisions of the Constitution of India to" +"Jammu and Kashmir also. However, the inoperative Article 370" +"continue to remain in the text of the Constitution of India." +"Further, the Jammu and Kashmir Reorganisation Act, 2019," +"bifurcated the erstwhile State of Jammu and Kashmir into two" +"separate union territories, namely, the union territory of Jammu &" +"Kashmir and the union territory of Ladakh." +"The union territory of Jammu and Kashmir comprises all the" +"districts of the erstwhile State of Jammu and Kashmir except the" +"Kargil and Leh districts which have gone to the union territory of" +"Ladakh." +"Thus, the number of states and union territories increased from" +"14 and 6 in 1956 to 28 and 9 in 2019, respectively20 ." +"" +"Change of Names" +"The names of some states and union territories have also been" +"changed. The United Provinces was the first state to have a new" +"name. It was renamed ‘Uttar Pradesh’ in 1950. In 1969, Madras" +"was renamed21 ‘Tamil Nadu’. Similarly, in 1973, Mysore was" +"renamed22 ‘Karnataka’. In the same year, Laccadive, Minicoy and" +"Amindivi Islands were renamed23 ‘Lakshadweep’. In 1992, the" +"Union Territory of Delhi was redesignated as the National Capital" +"Territory of Delhi (without being conferred the status of a full-" +"fledged state) by the 69th Constitutional Amendment Act, 1991.24" +"In 2006, Uttaranchal was renamed25 as ‘Uttarakhand’. In the" +"same year, Pondicherry was renamed26 as ‘Puducherry’. In 2011," +"Orissa was renamed27 as ‘Odisha’." +"" +"Table 5.4 Territory of India in 2019" +"States Union Territories" +"1. Andhra Pradesh 1. Andaman and Nicobar" +"Islands" +" 2. Arunachal Pradesh 2. Chandigarh" +"3. Assam 3. Dadra and Nagar Haveli" +"4. Bihar 4. Daman and Diu" +"5. Chhattisgarh 5. Delhi (National Capital" +"Territory)" +"6. Goa 6. Jammu and Kashmir" +"7. Gujarat 7. Ladakh" +"8. Haryana 8. Lakshadweep" +"9. Himachal Pradesh 9. Puducherry" +"10. Jharkhand" +"11. Karnataka" +"12. Kerala" +"13. Madhya Pradesh" +"14. Maharashtra" +"15. Manipur" +"16. Meghalaya" +"17. Mizoram" +"18. Nagaland" +"19. Odisha" +"20. Punjab" +"21. Rajasthan" +"22. Sikkim" +"23. Tamil Nadu" +"24. Telangana" +"25. Tripura" +"26. Uttarakhand" +"27. Uttar Pradesh" +"28. West Bengal" +" Table 5.5 Laws Made by Parliament Under Article 3 of the" +"Constitution" +"Sl. Acts Provisions" +"No." +"1. Assam (Alteration of Altered the boundaries of" +"Boundaries) Act, 1951 the State of Assam by" +"ceding a strip of territory" +"comprised in that State to" +"Bhutan." +"2. Andhra State Act, 1953 Formed the first linguistic" +"state, known as the State of" +"Andhra, by taking out the" +"Telugu speaking areas from" +"the State of Madras." +"Kurnool was the capital of" +"Andhra State and the state" +"high court was established" +"at Guntur." +"3. Himachal Pradesh and Formed the new state of" +"Bilaspur (New State) Act, Himachal Pradesh by" +"1954 Uniting the existing States of" +"Himachal Pradesh and" +"Bilaspur." +"4. Chandernagore (Merger) Merged the territory of" +"Act, 1954 Chandernagore (a former" +"enclave of French India) into" +"the State of West Bengal." +"5 States Reorganisation Act, Made the extensive" +"1956 changes in the boundaries" +"of various states for the" +"purpose of meeting the" +"linguistic, regional and local" +"demands. It created 14" +"states and 6 union" +"territories. The States were:" +"Andhra Pradesh, Assam," +" Bihar, Bombay, Jammu and" +"Kashmir, Kerala, Madhya" +"Pradesh, Madras, Mysore," +"Orissa, Punjab, Rajasthan," +"Uttar Pradesh and West" +"Bengal. The Union" +"Territories were: Andaman" +"and Nicobar Islands, Delhi," +"Himachal Pradesh," +"Laccadive, Minicoy and" +"Amindivi Islands, Manipur" +"and Tripura. It established" +"the new state of Kerala by" +"merging the Travancore-" +"Cochin State with the" +"Malabar district of Madras" +"State and the Kasargode of" +"South Canara (Dakshina" +"Kannada). It merged the" +"Teluguspeaking areas of" +"Hyderabad State with the" +"Andhra State to create the" +"Andhra Pradesh State." +"Further, it merged the" +"Madhya Bharat State," +"Vindhya Pradesh State and" +"Bhopal State into the" +"Madhya Pradesh State." +"Similarly, it merged the" +"Saurashtra State and Kutch" +"State into that of the" +"Bombay State; the Coorg" +"State into that of Mysore" +"State; the Patiala and East" +"Punjab States Union" +"(Pepsu) into that of Punjab" +"State; and the Ajmer State" +"into that of Rajasthan State." +" Moreover, it created the new" +"union territory of Laccadive," +"Minicoy and Amindivi" +"Islands from the territory" +"detached from the Madras" +"State." +"6 Bihar and West Bengal Provided for the transfer of" +"(Transfer of Territories) Act, certain territories from the" +"1956 State of Bihar to the State of" +"West Bengal." +"7. Rajasthan and Madhya Provided for the transfer of" +"Pradesh (Transfer of certain territories from the" +"Territories) Act, 1959 State of Rajasthan to the" +"State of Madhya Pradesh." +"8. Andhra Pradesh and Provided for the alteration of" +"Madras (Alteration of boundaries of the States of" +"Boundaries) Act, 1959 Andhra Pradesh and" +"Madras." +"9. Bombay Reorganisation Formed the new State of" +"Act, 1960 Gujarat (15th state) by taking" +"out the Gujarati speaking" +"areas from the state of" +"Bombay and renamed the" +"other part of the Bombay" +"State as Maharashtra State." +"The city of Ahmedabad was" +"made the capital of Gujarat." +"10. Acquired Territories Provided for the merger into" +"(Merger) Act, 1960 the States of Assam, Punjab" +"and West Bengal of Certain" +"territories acquired from" +"Pakistan under the" +"agreements entered into" +"between the Governments" +"of India and Pakistan, in" +"1958 and 1959." +" 11. State of Nagaland Act, 1962 Formed the new State of" +"Nagaland (16th state) by" +"taking out the Naga Hills -" +"Tuensang Area from the" +"State of Assam. The Naga" +"Hills - Tuensang Area was a" +"tribal area of Assam" +"specified in the Sixth" +"Schedule of the" +"Constitution." +"12. Punjab Reorganisation Act, Formed the new State of" +"1966 Haryana (17th state) by" +"taking out the Hindi" +"speaking areas from the" +"State of Punjab. It also" +"made Chandigarh a new" +"Union Territory as well as a" +"common capital for both" +"Punjab and Haryana." +"13. Bihar and Uttar Pradesh Provided for the alteration of" +"(Alteration of Boundaries) boundaries of the States of" +"Act, 1968 Bihar and Uttar Pradesh." +"14. Andhra Pradesh and Provided for the transfer of" +"Mysore (Transfer of certain territory from the" +"Territory) Act, 1968 State of Mysore to the State" +"of Andhra Pradesh." +"15. Madras State (Alteration of Changed the name of the" +"Name) Act, 1968 State of Madras to that of" +"State of Tamil Nadu." +"16. Assam Reorganisation Formed an autonomous" +"(Meghalaya) Act, 1969 state (sub-state) known as" +"Meghalaya, within the State" +"of Assam." +"17. State of Himachal Pradesh Elevated the Union Territory" +"Act, 1970 of Himachal Pradesh to the" +"status of a state (18th state)." +" 18. North-Eastern Areas Elevated the two Union" +"(Reorganisation) Act, 1971 Territories of Manipur and" +"Tripura to the status of" +"states (19th state and 20th" +"state respectively). It also" +"conferred full statehood on" +"Meghalaya (21st state)," +"which was previously a sub-" +"state within the State of" +"Assam. Further, it formed" +"the two Union Territories of" +"Mizoram and Arunachal" +"Pradesh out of the territories" +"of Assam." +"19. Mysore State (Alteration of Changed the name of the" +"Name) Act, 1973 state of Mysore to that of the" +"State of Karnataka." +"20. Laccadive, Minicoy and Changed the name of the" +"Amindivi Islands (Alteration Union Territory of the" +"of Name) Act, 1973 Laccadive, Minicoy and" +"Amindivi Islands to that of" +"the Union Territory of" +"Lakshadweep." +"21. Haryana and Uttar Pradesh Provided for the alteration of" +"(Alteration of Boundaries) boundaries of the States of" +"Act, 1979 Haryana and Uttar Pradesh." +"22. State of Mizoram Act, 1986 Elevated the Union Territory" +"of Mizoram to the status of a" +"state (23rd state)." +"23. State of Arunachal Pradesh Elevated the Union Territory" +"Act, 1986 of Arunachal Pradesh to the" +"status of a State (24th state)." +"24. Goa, Daman and Diu Formed the new State of" +"Reorganisation Act, 1987 Goa (25th State) by" +"separating the territory of" +" Goa from the Union Territory" +"of Goa, Daman and Diu." +"25. Madhya Pradesh Formed the new state of" +"Reorganisation Act, 2000 Chhattisgarh (26th state) out" +"of the territories of the State" +"of Madhya Pradesh." +"26. Uttar Pradesh Created the new State of" +"Reorganisation Act, 2000 Uttaranchal (27th state) by" +"carving out its territory from" +"that of the territories of the" +"state of Uttar Pradesh." +"27. Bihar Reorganisation Act, Established the new State of" +"2000 Jharkhand (28th state) by" +"separating its territory from" +"the territories of the State of" +"Bihar." +"28. Uttaranchal (Alteration of Changed the name of the" +"Name) Act, 2006 State of Uttaranchal to that" +"of the State of Uttarakhand." +"29. Pondicherry (Alteration of Renamed the Union" +"Name) Act, 2006 Territory of Pondicherry as" +"the Union Territory of" +"Puducherry." +"30. Orissa (Alteration of Name) Changed the name of the" +"Act, 2011 State of Orissa to that of the" +"State of Odisha." +"31. Andhra Pradesh Formed the new state of" +"Reorganisation Act, 2014 Telangana (29th state) by" +"carving out its territory from" +"the territories of the state of" +"Andhra Pradesh." +"32. Jammu and Kashmir Bifurcated the erstwhile" +"Reorganisation Act, 2019 state of Jammu and" +"Kashmir into two separate" +"Union territories, namely," +" the Union territory of Jammu" +"& Kashmir and the Union" +"territory of Ladakh." +"" +"Table 5.6 Articles Related to Union and its Territory at a Glance" +"Article No. Subject-matter" +"1. Name and territory of the Union" +"2. Admission or establishment of new states" +"2A. Sikkim to be associated with the Union–" +"(Repealed)" +"3. Formation of new states and alteration of areas," +"boundaries or names of existing states" +"4. Laws made under Articles 2 and 3 to provide for" +"the amendment of the First and the Fourth" +"Schedules and supplemental, incidental and" +"consequential matters." +"" +"" +"NOTES AND REFERENCES" +"1. Constituent Assembly Debates, volume 7, P, 43." +"2. Till 2019, the erstwhile State of Jammu and Kashmir" +"enjoyed a special position by virtue of Article 370 of the" +"Indian Constitution. It had its own separate State" +"Constitution." +"3. Added by the 18th Constitutional Amendment Act of" +"1966" +"4. Babulal v. State of Bombay (1960)." +"4a. This information is downloaded from the website of" +"Ministry of Law and Justice (Legislative Department)," +"Government of India." +"4b. Ibid." +"5. See Table 5.1." +"6. It had no chairman or convenor." +"7. See Table 5.3." +"8. By the Bombay Reorganisation Act, 1960." +" 9. By the Goa, Daman and Diu Reorganisation Act, 1987." +"10. By the State of Nagaland Act, 1962, with effect from" +"December 1, 1963." +"11. By Punjab Reorganisation Act, 1966." +"12. By the State of Himachal Pradesh Act, 1970, with effect" +"from January 25, 1971." +"13. By the North-Eastern Areas (Reorganisation) Act, 1971," +"with effect from January 21, 1972." +"14. By the State of Mizoram Act, 1986, with effect from" +"February 20, 1987." +"15. By the State of Arunachal Pradesh Act, 1986, with" +"effect from February 20, 1987." +"16. By the Goa, Daman and Diu Reorganisation Act, 1987." +"17. By the Madhya Pradesh Reorganisation Act, 2000." +"18. By the Uttar Pradesh Reorganisation Act, 2000." +"19. By the Bihar Reorganisation Act, 2000." +"20. See Table 5.4." +"21. By the Madras State (Alteration of Name) Act, 1968," +"with effect from January 14, 1969." +"22. By the Mysore State (Alteration of Name) Act, 1973." +"23. By the Laccadive, Minicoy and Amindivi Islands" +"(Alteration of Name) Act, 1973." +"24. With effect from February 1, 1992." +"25. By the Uttaranchal (Alteration of Name) Act, 2006." +"26. By the Pondicherry (Alteration of Name) Act, 2006." +"27. By the Orissa (Alteration of Name) Act, 2011." +" 6 Citizenship" +"" +"" +"MEANING AND SIGNIFICANCE" +"Like any other modern state, India has two kinds of people–citizens and" +"aliens. Citizens are full members of the Indian State and owe allegiance to" +"it. They enjoy all civil and political rights. Aliens, on the other hand, are the" +"citizens of some other state and hence, do not enjoy all the civil and" +"political rights. They are of two categories–friendly aliens or enemy aliens." +"Friendly aliens are the subjects of those countries that have cordial" +"relations with India. Enemy aliens, on the other hand, are the subjects of" +"that country that is at war with India. They enjoy lesser rights than the" +"friendly aliens, eg, they do not enjoy protection against arrest and" +"detention (Article 22)." +"The Constitution confers the following rights and privileges on the" +"citizens of India (and denies the same to aliens):" +"1. Right against discrimination on grounds of religion, race, caste, sex" +"or place of birth (Article 15)." +"2. Right to equality of opportunity in the matter of public employment" +"(Article 16)." +"3. Right to freedom of speech and expression, assembly, association," +"movement, residence and profession (Article 19)." +"4. Cultural and educational rights (Articles 29 and 30)." +"5. Right to vote in elections to the Lok Sabha and state legislative" +"assembly." +"6. Right to contest for the membership of the Parliament and the state" +"legislature." +"7. Eligibility to hold certain public offices, that is, President of India," +"Vice-President of India, judges of the Supreme Court and the high" +"courts, Governor of states, Attorney General of India and Advocate" +"General of states." +"Along with the above rights, the citizens also owe certain duties" +"towards the Indian State, as for example, paying taxes, respecting the" +"national flag and national anthem, defending the country and so on." +"In India both a citizen by birth as well as a naturalised citizen are" +"eligible for the office of President while in USA, only a citizen by birth and" +"not a naturalised citizen is eligible for the office of President." +" CONSTITUTIONAL PROVISIONS" +"The Constitution deals with the citizenship from Articles 5 to 11 under Part" +"II. However, it contains neither any permanent nor any elaborate" +"provisions in this regard. It only identifies the persons who became" +"citizens of India at its commencement (i.e., on January 26, 1950). It does" +"not deal with the problem of acquisition or loss of citizenship subsequent" +"to its commencement. It empowers the Parliament to enact a law to" +"provide for such matters and any other matter relating to citizenship." +"Accordingly, the Parliament has enacted the Citizenship Act (1955), which" +"has been amended from time to time." +"According to the Constitution, the following four categories of persons" +"became the citizens of India at its commencement i.e., on January 26," +"1950:" +"1. A person who had his domicile in India and also fulfilled any one of" +"the three conditions, viz., if he was born in India; or if either of his" +"parents was born in India; or if he has been ordinarily resident in" +"India for five years immediately before the commencement of the" +"Constitution, became a citizen of India." +"2. A person who migrated to India from Pakistan became an Indian" +"citizen if he or either of his parents or any of his grandparents was" +"born in undivided India and also fulfilled any one of the two" +"conditions viz., in case he migrated to India before July 19, 19481 ," +"he had been ordinarily resident in India since the date of his" +"migration; or in case he migrated to India on or after July 19, 1948," +"he had been registered as a citizen of India. But, a person could be" +"so registered only if he had been resident in India for six months" +"preceding the date of his application for registration." +"3. A person who migrated to Pakistan from India after March 1, 1947," +"but later returned to India for resettlement could become an Indian" +"citizen. For this, he had to be resident in India for six months" +"preceding the date of his application for registration2 ." +"4. A person who, or any of whose parents or grandparents, was born" +"in undivided India but who is ordinarily residing outside India shall" +"become an Indian citizen if he has been registered as a citizen of" +"India by the diplomatic or consular representative of India in the" +"country of his residence, whether before or after the commencement" +"of the Constitution. Thus, this provision covers the overseas Indians" +"who may want to acquire Indian citizenship." +"To sum up, these provisions deal with the citizenship of (a) persons" +"domiciled in India; (b) persons migrated from Pakistan; (c) persons" +" migrated to Pakistan but later returned; and (d) persons of Indian origin" +"residing outside India." +"The other constitutional provisions with respect to the citizenship are as" +"follows:" +"1. No person shall be a citizen of India or be deemed to be a citizen of" +"India, if he has voluntarily acquired the citizenship of any foreign" +"state." +"2. Every person who is or is deemed to be a citizen of India shall" +"continue to be such citizen, subject to the provisions of any law" +"made by Parliament." +"3. Parliament shall have the power to make any provision with respect" +"to the acquisition and termination of citizenship and all other matters" +"relating to citizenship." +" CITIZENSHIP ACT, 1955" +"The Citizenship Act (1955) provides for acquisition and loss of citizenship" +"after the commencement of the Constitution." +"Originally, the Citizenship Act (1955) also provided for the" +"Commonwealth Citizenship. But, this provision was repealed by the" +"Citizenship (Amendment) Act, 2003." +"" +"Acquisition of Citizenship" +"The Citizenship Act of 1955 prescribes five ways of acquiring citizenship," +"viz, birth, descent, registration, naturalisation and incorporation of" +"territory:" +"" +"1. By Birth" +"A person born in India on or after January 26, 1950 but before July 1," +"1987 is a citizen of India by birth irrespective of the nationality of his" +"parents." +"A person born in India on or after July 1, 1987 is considered as a" +"citizen of India only if either of his parents is a citizen of India at the time" +"of his birth." +"Further, those born in India on or after December 3, 2004 are" +"considered citizens of India only if both of their parents are citizens of" +"India or one of whose parents is a citizen of India and the other is not an" +"illegal migrant at the time of their birth." +"The children of foreign diplomats posted in India and enemy aliens" +"cannot acquire Indian citizenship by birth." +"" +"2. By Descent" +"A person born outside India on or after January 26, 1950 but before" +"December 10, 1992 is a citizen of India by descent, if his father was a" +"citizen of India at the time of his birth." +"A person born outside India on or after December 10, 1992 is" +"considered as a citizen of India if either of his parents is a citizen of India" +"at the time of his birth." +"December 3, 2004 onwards, a person born outside India shall not be a" +"citizen of India by descent, unless his birth is registered at an Indian" +"consulate within one year of the date of birth or with the permission of the" +"Central Government, after the expiry of the said period. An application, for" +"registration of the birth of a minor child, to an Indian consulate shall be" +"accompanied by an undertaking in writing from the parents of such minor" +"child that he or she does not hold the passport of another country." +" Further, a minor who is a citizen of India by virtue of descent and is" +"also a citizen of any other country shall cease to be a citizen of India if he" +"does not renounce the citizenship or nationality of another country within" +"six months of his attaining full age." +"" +"3. By Registration" +"The Central Government may, on an application, register as a citizen of" +"India any person (not being an illegal migrant) if he belongs to any of the" +"following categories, namely:-" +"(a) a person of Indian origin who is ordinarily resident in India for seven" +"years before making an application for registration;" +"(b) a person of Indian origin who is ordinarily resident in any country or" +"place outside undivided India;" +"(c) a person who is married to a citizen of India and is ordinarily resident" +"in India for seven years before making an application for registration;" +"(d) minor children of persons who are citizens of India;" +"(e) a person of full age and capacity whose parents are registered as" +"citizens of India;" +"(f) a person of full age and capacity who, or either of his parents, was" +"earlier citizen of independent India, and is ordinarily resident in India" +"for twelve months immediately before making an application for" +"registration;" +"(g) a person of full age and capacity who has been registered as an" +"overseas citizen of India cardholder for five years, and who is" +"ordinarily resident in India for twelve months before making an" +"application for registration." +"A person shall be deemed to be of Indian origin if he, or either of his" +"parents, was born in undivided India or in such other territory which" +"became part of India after the August 15, 1947." +"All the above categories of persons must take an oath of allegiance" +"before they are registered as citizens of India2a." +"" +"4. By Naturalisation" +"The Central Government may, on an application, grant a certificate of" +"naturalisation to any person (not being an illegal migrant) if he possesses" +"the following qualifications:" +"(a) that he is not a subject or citizen of any country where citizens of" +"India are prevented from becoming subjects or citizens of that" +"country by naturalisation;" +"(b) that, if he is a citizen of any country, he undertakes to renounce the" +"citizenship of that country in the event of his application for Indian" +"citizenship being accepted;" +" (c) that he has either resided in India or been in the service of a" +"Government in India or partly the one and partly the other," +"throughout the period of twelve months immediately preceding the" +"date of the application;" +"(d) that during the fourteen years immediately preceding the said period" +"of twelve months, he has either resided in India or been in the" +"service of a Government in India, or partly the one and partly the" +"other, for periods amounting in the aggregate to not less than eleven" +"years;" +"(e) that he is of good character;" +"(f) that he has an adequate knowledge of a language specified in the" +"Eighth Schedule to the Constitution3 ; and" +"(g) that in the event of a certificate of naturalisation being granted to" +"him, he intends to reside in India, or to enter into or continue in," +"service under a Government in India or under an international" +"organisation of which India is a member or under a society, company" +"or body of persons established in India. However, the Government of" +"India may waive all or any of the above conditions for naturalisation" +"in the case of a person who has rendered distinguished service to" +"the science, philosophy, art, literature, world peace or human" +"progress. Every naturalised citizen must take an oath of allegiance to" +"the Constitution of India." +"" +"5. By Incorporation of Territory" +"If any foreign territory becomes a part of India, the Government of India" +"specifies the persons who among the people of the territory shall be the" +"citizens of India. Such persons become the citizens of India from the" +"notified date. For example, when Pondicherry became a part of India, the" +"Government of India issued the Citizenship (Pondicherry) Order (1962)," +"under the Citizenship Act (1955)." +"" +"6. Special Provisions as to Citizenship of Persons Covered by the" +"Assam Accord" +"The Citizenship (Amendment) Act, 1985, added the following special" +"provisions as to citizenship of persons covered by the Assam Accord" +"(which related to the foreigners’ issue):" +"(a) All persons of Indian origin who came to Assam before the January" +"1, 1966 from Bangladesh and who have been ordinarily residents in" +"Assam since the date of their entry into Assam shall be deemed to" +"be citizens of India as from the January 1, 1966." +"(b) Every person of Indian origin who came to Assam on or after the" +"January 1, 1966 but before the March 25, 1971 from Bangladesh and" +"who has been ordinarily resident in Assam since the date of his entry" +" into Assam and who has been detected to be a foreigner shall" +"register himself. Such a registered person shall be deemed to be a" +"citizen of India for all purposes as from the date of expiry of a period" +"of ten years from the date of detection as a foreigner. But, in the" +"intervening period of ten years, he shall have the same rights and" +"obligations as a citizen of India, excepting the right to vote." +"" +"Loss of Citizenship" +"The Citizenship Act (1955) prescribes three ways of losing citizenship" +"whether acquired under the Act or prior to it under the Constitution, viz," +"renunciation, termination and deprivation:" +"" +"1. By Renunciation" +"Any citizen of India of full age and capacity can make a declaration" +"renouncing his Indian citizenship. Upon the registration of that declaration," +"that person ceases to be a citizen of India. However, if such a declaration" +"is made during a war in which India is engaged, its registration shall be" +"withheld by the Central Government." +"Further, when a person renounces his Indian citizenship, every minor" +"child of that person also loses Indian citizenship. However, when such a" +"child attains the age of eighteen, he may resume Indian citizenship." +"" +"2. By Termination" +"When an Indian citizen voluntarily (consciously, knowingly and without" +"duress, undue influence or compulsion) acquires the citizenship of" +"another country, his Indian citizenship automatically terminates. This" +"provision, however, does not apply during a war in which India is" +"engaged." +"" +"3. By Deprivation" +"It is a compulsory termination of Indian citizenship by the Central" +"government, if:" +"(a) the citizen has obtained the citizenship by fraud:" +"(b) the citizen has shown disloyalty to the Constitution of India:" +"(c) the citizen has unlawfully traded or communicated with the enemy" +"during a war;" +"(d) the citizen has, within five years after registration or naturalisation," +"been imprisoned in any country for two years; and" +"(e) the citizen has been ordinarily resident out of India for seven years" +"continuously.4" +" SINGLE CITIZENSHIP" +"Though the Indian Constitution is federal and envisages a dual polity" +"(Centre and states), it provides for only a single citizenship, that is, the" +"Indian citizenship. The citizens in India owe allegiance only to the Union." +"There is no separate state citizenship. The other federal states like USA" +"and Switzerland, on the other hand, adopted the system of double" +"citizenship." +"In USA, each person is not only a citizen of USA but also of the" +"particular state to which he belongs. Thus, he owes allegiance to both and" +"enjoys dual sets of rights–one set conferred by the national government" +"and another by the state government. This system creates the problem of" +"discrimination, that is, a state may discriminate in favour of its citizens in" +"matters like right to vote, right to hold public offices, right to practice" +"professions and so on. This problem is avoided in the system of single" +"citizenship prevalent in India." +"In India, all citizens irrespective of the state in which they are born or" +"reside enjoy the same political and civil rights of citizenship all over the" +"country and no discrimination is made between them. However, this" +"general rule of absence of discrimination is subject to some exceptions," +"viz," +"1. The Parliament (under Article 16) can prescribe residence within a" +"state or union territory as a condition for certain employments or" +"appointments in that state or union territory, or local authority or" +"other authority within that state or union territory. Accordingly, the" +"Parliament enacted the Public Employment (Requirement as to" +"Residence) Act, 1957, and thereby authorised the Government of" +"India to prescribe residential qualification only for appointment to" +"non-Gazetted posts in Andhra Pradesh, Himachal Pradesh, Manipur" +"and Tripura. As this Act expired in 1974, there is no such provision" +"for any state except Andhra Pradesh5 and Telangana5a." +"2. The Constitution (under Article 15) prohibits discrimination against" +"any citizen on grounds of religion, race, caste, sex or place of birth" +"and not on the ground of residence. This means that the state can" +"provide special benefits or give preference to its residents in matters" +"that do not come within the purview of the rights given by the" +"Constitution to the Indian citizens. For example, a state may offer" +"concession in fees for education to its residents." +"3. The freedom of movement and residence (under Article 19) is" +"subjected to the protection of interests of any schedule tribe. In other" +"words, the right of outsiders to enter, reside and settle in tribal areas" +"is restricted. Of course, this is done to protect the distinctive culture," +" language, customs and manners of schedule tribes and to" +"safeguard their traditional vocation and property against exploitation." +"4. Till 2019, the legislature of the erstwhile state of Jammu and" +"Kashmir was empowered to:" +"(a) define the persons who are permanent residents of the state;" +"and" +"(b) confer any special rights and privileges on such permanent" +"residents as respects:" +"(i) employment under the state government;" +"(ii) acquisition of immovable property in the state;" +"(iii) settlement in the state; and" +"(iv) right to scholarships and such other forms of aid provided by th" +"government." +"The above provision was based on Article 35-A of the Constitution of" +"India. This Article was inserted in the constitution by “The Constitution" +"(Application to Jammu and Kashmir) Order, 1954”. This order was issued" +"by the President under Article 370 of the Constitution which had provided" +"a special status to the erstwhile state of Jammu and Kashmir. In 2019," +"this special status was abolished by a new presidential order known as" +"“The Constitution (Application to Jammu and Kashmir) Order, 2019”. This" +"order superseded the earlier 1954 order." +"The Constitution of India, like that of Canada, has introduced the" +"system of single citizenship and provided uniform rights (except in few" +"cases) for the people of India to promote the feeling of fraternity and unity" +"among them and to build an integrated Indian nation. Despite this, India" +"has been witnessing the communal riots, class conflicts, caste wars," +"linguistic clashes and ethnic disputes. Thus, the cherished goal of the" +"founding fathers and the Constitution-makers to build an united and" +"integrated Indian nation has not been fully realised." +" OVERSEAS CITIZENSHIP OF INDIA" +"" +"In September 2000, the Government of India (Ministry of External Affairs)" +"had set-up a High Level Committee on the Indian Diaspora under the" +"Chairmanship of L.M. Singhvi. The mandate of the Committee was to" +"make a comprehensive study of the global Indian Diaspora and to" +"recommend measures for a constructive relationship with them." +"The committee submitted its report in January, 2002. It recommended" +"the amendment of the Citizenship Act (1955) to provide for grant of dual" +"citizenship to the Persons of Indian Origin (PIOs) belonging to certain" +"specified countries." +"Accordingly, the Citizenship (Amendment) Act, 2003, made provision" +"for acquisition of Overseas Citizenship of India (OCI) by the PIOs of 16" +"specified countries other than Pakistan and Bangladesh. It also omitted all" +"provisions recognizing, or relating to the Commonwealth Citizenship from" +"the Principal Act." +"Later, the Citizenship (Amendment) Act, 2005, expanded the scope of" +"grant of OCI for PIOs of all countries except Pakistan and Bangladesh as" +"long as their home countries all dual citizenship under their local laws. It" +"must be noted here that the OCI is not actually a dual citizenships as the" +"Indian Constitution forbids dual citizenship or dual nationality (Article 9)." +"Again, the Citizenship (Amendment) Act, 2015, has modified the" +"provisions pertaining to the OCI in the Principal Act. It has introduced a" +"new scheme called “Overseas Citizen of India Cardholder” by merging the" +"PIO card scheme and the OCI card scheme." +"The PIO card scheme was introduced on August 19, 2002 and" +"thereafter the OCI card scheme was introduced w.e.f. December 2, 2005." +"Both the schemes were running in parallel even though the OCI card" +"scheme had become more popular. This was causing unnecessary" +"confusion in the minds of applicants. Keeping in view some problems" +"being faced by applicants and to provide enhanced facilities to them, the" +"Government of India decided to formulate one single scheme after" +"merging the PIO and OCI schemes, containing positive attributes of both." +"Hence, for achieving this objective, the Citizenship (Amendment)" +"Act, 2015, was enacted. The PIO scheme was rescinded w.e.f. January" +"9, 2015 and it was also notified that all existing PIO cardholders shall be" +"deemed to be OCI cardholders w.e.f. January 9, 2015.7" +"The Citizenship (Amendment) Act, 2015, replaced the nomenclature of" +"“Overseas Citizen of India” with that of “Overseas Citizen of India" +"Cardholder” and made the following provisions in the Principal Act :" +" I. Registration of Overseas Citizen of India Cardholder" +"(1) The Central Government may, on an application made in this behalf," +"register as an overseas citizen of India cardholder–" +"(a) any person of full age and capacity,–" +"(i) who is a citizen of another country, but was a citizen of India" +"time of, or at any time after the commencement of the Constitu" +"(ii) who is a citizen of another country, but was eligible to bec" +"citizen of India at the time of the commencement of the Cons" +"or" +"(iii) who is a citizen of another country, but belonged to a territo" +"became part of India after the 15th August, 1947; or" +"(iv) who is a child or a grandchild or a great grandchild of such a" +"or" +"(b) a person, who is a minor child of a person mentioned in clause" +"(a); or" +"(c) a person, who is a minor child, and whose both parents are" +"citizens of India or one of the parents is a citizen of India; or" +"(d) spouse of foreign origin of a citizen of India or spouse of foreign" +"origin of an Overseas Citizen of India Cardholder and whose" +"marriage has been registered and subsisted for a continuous" +"period of not less than two years immediately preceding the" +"presentation of the application." +"No person, who or either of whose parents or grandparents or great" +"grandparents is or had been a citizen of Pakistan, Bangladesh or" +"such other country as the Central Government may, specify, shall be" +"eligible for registration as an Overseas Citizen of India Cardholder." +"(2) The Central Government may specify the date from which the" +"existing persons of Indian origin cardholders shall be deemed to be" +"overseas citizens of India cardholders." +"(3) Notwithstanding anything contained in point (1), the Central" +"Government may, if it is satisfied that special circumstances exist," +"after recording the circumstances in writing, register a person as an" +"Overseas Citizen of India Cardholder." +"" +"II. Conferment of Rights on Overseas Citizen of India" +"Cardholder" +"(1) An overseas citizen of India cardholder shall be entitled to such" +"rights, as the Central Government may specify in this behalf." +"(2) An overseas citizen of India cardholder shall not be entitled to the" +"following rights (which are conferred on a citizen of India)–" +" (a) He shall not be entitled to the right to equality of opportunity in" +"matters of public employment." +"(b) He shall not be eligible for election as President." +"(c) He shall not be eligible for election as Vice-President." +"(d) He shall not be eligible for appointment as a Judge of the" +"Supreme Court." +"(e) He shall not be eligible for appointment as a Judge of the High" +"Court." +"(f) He shall not be entitled for registration as a voter." +"(g) He shall not be eligible for being a member of the House of the" +"People or of the Council of States." +"(h) He shall not be eligible for being a member of the State" +"Legislative Assembly or the State Legislative Council." +"(i) He shall not be eligible for appointment to public services and" +"posts in connection with affairs of the Union or of any State" +"except for appointment in such services and posts as the Central" +"Government may specify." +"" +"III. Renunciation of Overseas Citizen of India Card" +"(1) If any overseas citizen of India cardholder makes in prescribed" +"manner a declaration renouncing the card registering him as an" +"overseas citizen of India cardholder, the declaration shall be" +"registered by the Central Government, and upon such registration," +"that person shall cease to be an overseas citizen of India cardholder." +"(2) Where a person ceases to be an overseas citizen of India" +"cardholder, the spouse of foreign origin of that person, who has" +"obtained overseas citizen of India card and every minor child of that" +"person registered as an overseas citizen of India cardholder shall" +"thereupon cease to be an overseas citizen of India cardholder." +"" +"IV. Cancellation of Registration as Overseas Citizen of India" +"Cardholder" +"The Central Government may cancel the registration of a person as an" +"overseas citizen of India cardholder, if it is satisfied that–" +"(a) the registration as an overseas citizen of India cardholder was" +"obtained by means of fraud, false representation or the concealment" +"of any material fact; or" +"(b) the overseas citizen of India cardholder has shown disaffection" +"towards the Constitution of India; or" +"(c) the overseas citizen of India cardholder has, during any war in which" +"India may be engaged, unlawfully traded or communicated with an" +" enemy; or" +"(d) the overseas citizen of India cardholder has, within five years after" +"registration, been sentenced to imprisonment for a term of not less" +"than two years; or" +"(e) it is necessary so to do in the interests of the sovereignty and" +"integrity of India, the security of India, friendly relations of India with" +"any foreign country, or in the interests of the general public; or" +"(f) the marriage of an overseas citizen of India cardholder–" +"(i) has been dissolved by a competent court of law or otherwise; or" +"(ii) has not been dissolved but, during the subsistence of such marria" +"he has solemnised marriage with any other person." +"" +"Table 6.1 Comparing NRI, PIO and OCI Cardholder8" +"Sl. Elements of Non- Person of Overseas Citizen of" +"No. Comparison Resident Indian India (OCI) Cardholder" +"Indian (NRI) Origin (PIO)" +"1. Who ? An Indian A person A person registered as" +"citizen who who or Overseas Citizen of" +"is ordinarily whose any India (OCI) Cardholder" +"residing of under the Citizenship" +"outside ancestors Act, 1955" +"India and was an" +"holds an Indian" +"Indian national" +"Passport and who is" +"presently" +"holding" +"another" +"country’s" +"citizenship /" +"nationality" +"i.e. he/she" +"is holding" +"foreign" +"passport" +"2. Who is -- -- Following categories of" +"eligible? foreign nationals are" +"eligible for registration" +"as Overseas Citizen of" +"India (OCI) Cardholder:-" +" (1) Who was a citizen of" +"India at the time of," +"or at any time after" +"the commencement" +"of the Constitution" +"i.e. 26.01.1950; or" +"(2) who was eligible to" +"become a citizen of" +"India on 26.01.1950;" +"or" +"(3) who belonged to a" +"territory that became" +"part of India after" +"15.08.1947; or" +"(4) who is a child or a" +"grandchild or a great" +"grandchild of such a" +"citizen; or" +"(5) who is a minor child" +"of such persons" +"mentioned above; or" +"(6) who is a minor child" +"and whose both" +"parents are citizens" +"of India or one of the" +"parents is a citizen" +"of India; or" +"(7) spouse of foreign" +"origin of a citizen of" +"India or spouse of" +"foreign origin of an" +"Overseas Citizen of" +"India Cardholder" +"registered under the" +"Citizenship Act," +"1955 and whose" +"marriage has been" +"registered and" +"subsisted for a" +"continuous period of" +"not less than two" +"years immediately" +"preceding the" +" presentation of the" +"application." +"3. How can -- -- Eligible persons to apply" +"one get ? online." +"4. Where to -- -- Till such time the online" +"apply ? payment facility is" +"introduced, the following" +"instructions shall be" +"followed:-" +"(i) The print out of the" +"online application" +"form, completed in" +"all respects, along" +"with enclosures," +"demand draft and" +"photograph in" +"duplicate should be" +"submitted to the" +"Indian Mission/Post" +"having jurisdiction" +"over the country of" +"which the applicant" +"is a citizen or if" +"he/she is not living in" +"the country of" +"his/her citizenship," +"to the Indian" +"Mission/ Post having" +"jurisdiction over the" +"country of which the" +"applicant is" +"ordinarily a resident." +"(ii) If the applicant is" +"residing in India, the" +"print out of the" +"online application" +"form, completed in" +"all respects, along" +"with enclosures," +"demand draft and" +"photographs in" +"duplicate should be" +" submitted to the" +"Foreigners Regional" +"Registration Offices" +"(FRROs) according" +"to their jurisdictional" +"control." +"5. Fees ? -- -- (a) in case of" +"application" +"submitted in Indian" +"Mission/ Post" +"abroad-US ₹275 or" +"equivalent in local" +"currency." +"(b) in case of" +"application" +"submitted in India-" +"Rs.15,000/-" +"6. Which -- -- No person, who or either" +"nationals of whose parents or" +"are grandparents or great" +"ineligible ? grandparents is or had" +"been a citizen of" +"Pakistan, Bangladesh or" +"such other country as" +"the Central Government" +"may specify, shall be" +"eligible for registration" +"as an Overseas Citizen" +"of India Cardholder." +"7. What All benefits No specific (i) Multiple entry lifelong" +"benefits as available benefits visa for visiting India" +"one is to Indian for any purpose" +"entitled to ? citizens (However OCI" +"subject to Cardholders will" +"notifications require a special" +"issued by permission to" +"the undertake research" +"Government work in India for" +"from time to which they may" +"time submit the" +"application to the" +" Indian Mission/ Post/" +"FRRO concerned)." +"(ii) Exemption from" +"registration with" +"Foreigners Regional" +"Registration Officer" +"(FRRO) or" +"Foreigners" +"Registration Officer" +"(FRO) for any length" +"of stay in India." +"(iii) Parity with Non-" +"Resident Indians" +"(NRIs) in respect of" +"all facilities available" +"to them in economic," +"financial, and" +"educational fields" +"except in matters" +"relating to the" +"acquisition of" +"agricultural or" +"plantation" +"properties." +"(iv) Registered" +"Overseas Citizen of" +"India Cardholder" +"shall be treated at" +"par with Non-" +"Resident Indians in" +"the matter of inter-" +"country adoption of" +"Indian children." +"(v) Registered" +"Overseas Citizen of" +"India Cardholder" +"shall be treated at" +"par with resident" +"Indian nationals in" +"the matter of tariffs" +"in air fares in" +"domestic sectors in" +"India." +" (vi) Registered" +"Overseas Citizen of" +"India Cardholder" +"shall be charged the" +"same entry fee as" +"domestic Indian" +"visitors to visit" +"national parks and" +"wildlife sanctuaries" +"in India." +"(vii) Parity with Non-" +"Resident Indians" +"(NRI) in respect of:-" +"(A) entry fees to be" +"charged for" +"visiting the" +"national" +"monuments," +"historical sites" +"and museums in" +"India." +"(B) pursuing the" +"following" +"professions in" +"India, in" +"pursuance of the" +"provisions" +"contained in the" +"relevant Acts," +"namely:-" +"(a) doctors," +"dentists," +"nurses and" +"pharmacists;" +"(b) advocates;" +"(c) architects;" +"and" +"(d) chartered" +"accountants." +"(C) to appear" +"for the All" +"India Pre-" +"Medical Test" +" or such" +"other tests" +"to make" +"them eligible" +"for" +"admission in" +"pursuance" +"of the" +"provisions" +"contained in" +"the relevant" +"Acts." +"(viii) State Governments" +"should ensure that" +"the OCI Cardholder" +"registration booklets" +"of OCI Cardholders" +"are treated as their" +"identification for any" +"services rendered to" +"them. In case proof" +"of residence is" +"required, Overseas" +"Citizens of India" +"Cardholder may give" +"an affidavit stating" +"that a particular/" +"specific address" +"may be treated as" +"their place of" +"residence in India." +"8. Does No Yes Can visit India without" +"he/she visa for life long." +"require visa" +"for visiting" +"India ?" +"9. Is he/she No Yes if the No" +"required to period of" +"register stay is for" +"with the more than" +"local police 180 days" +" authorities" +"in India ?" +"10. What All Activities Activity as All activities except" +"activities per the research work for which" +"can be type of visa special permission is" +"undertaken obtained required from the Indian" +"in India ? Mission/Post/ FRRO" +"concerned." +"11. How can He/she is As per the As per the Citizenship" +"one acquire an Indian Citizenship Act,1955, a person" +"Indian citizen Act, 1955, registered as an OCI" +"citizenship? he/she has cardholder for 5 years" +"to be and who is ordinarily" +"ordinarily resident in India for" +"resident in twelve months before" +"India for a making an application" +"period of 7 for registration is eligible" +"years for grant of Indian" +"before citizenship." +"making an" +"application" +"for" +"registration." +"" +"Table 6.2 Articles Related to Citizenship at a Glance" +"Article No. Subject Matter" +"5. Citizenship at the commencement of the Constitution" +"6. Rights of citizenship of certain persons who have" +"migrated to India from Pakistan" +"7. Rights of citizenship of certain migrants to Pakistan" +"8. Rights of citizenship of certain persons of Indian origin" +"residing outside India" +"9. Persons voluntarily acquiring citizenship of a foreign" +"State not to be citizens" +"10. Continuance of the rights of citizenship" +"11. Parliament to regulate the right of citizenship by law" +" NOTES AND REFERENCES" +"1. On this date, the permit system for such migration was" +"introduced." +"2. This provision refers to migration after 1 March, 1947 but before" +"26 January, 1950. The question of citizenship of persons who" +"migrated after 26 January, 1950, has to be decided under the" +"provisions of the Citizenship Act, 1955." +"2a. The form of the oath is as follows:" +"I, A/B................... do solemnly affirm (or swear) that I will bear" +"true faith and allegiance to the Constitution of India as by law" +"established, and that I will faithfully observe the laws of India" +"and fulfill my duties as a citizen of India." +"3. The 8th Schedule of the Constitution recognises presently 22" +"(originally 14) languages." +"4. This will not apply if he is a student abroad, or is in the service" +"of a government in India or an international organisation of" +"which India is a member, or has registered annually at an Indian" +"consulate his intention to retain his Indian citizenship." +"5. By virtue of Article 371-D inserted by the 32nd Constitutional" +"Amendment Act, 1973." +"5a. Article 371D has been extended to the State of Telangana by" +"the Andhra Pradesh Reorganisation Act, 2014." +"6. Further, the Jammu and Kashmir Reorganisation Act, 2019," +"bifurcated the erstwhile State of Jammu and Kashmir into two" +"separate Union territories, namely, the Union territory of Jammu" +"& Kashmir and the Union territory of Ladakh." +"7. Annual Report 2015–16, Ministry of Home Affairs, Government" +"of India, p. 262." +"8. This Table is downloaded from the website of Ministry of Home" +"Affairs, Government of India." +" 7 Fundamental Rights" +"" +"" +"" +"" +"T" +"he Fundamental Rights are enshrined in Part III of the" +"Constitution from Articles 12 to 35. In this regard, the framers of" +"the Constitution derived inspiration from the Constitution of" +"USA (i.e., Bill of Rights)." +"Part III of the Constitution is rightly described as the Magna Carta" +"of India.1 It contains a very long and comprehensive list of ‘justiciable’" +"Fundamental Rights. In fact, the Fundamental Rights in our" +"Constitution are more elaborate than those found in the Constitution of" +"any other country in the world, including the USA." +"The Fundamental Rights are guaranteed by the Constitution to all" +"persons without any discrimination. They uphold the equality of all" +"individuals, the dignity of the individual, the larger public interest and" +"unity of the nation." +"The Fundamental Rights are meant for promoting the ideal of" +"political democracy. They prevent the establishment of an" +"authoritarian and despotic rule in the country, and protect the liberties" +"and freedoms of the people against the invasion by the State. They" +"operate as limitations on the tyranny of the executive and arbitrary" +"laws of the legislature. In short, they aim at establishing ‘a government" +"of laws and not of men’." +"The Fundamental Rights are named so because they are" +"guaranteed and protected by the Constitution, which is the" +"fundamental law of the land. They are ‘fundamental’ also in the sense" +"that they are most essential for the all-round development (material," +"intellectual, moral and spiritual) of the individuals." +"Originally, the Constitution provided for seven Fundamental Rights" +"viz," +"1. Right to equality (Articles 14–18)" +"2. Right to freedom (Articles 19–22)" +"3. Right against exploitation (Articles 23–24)" +"4. Right to freedom of religion (Articles 25–28)" +"5. Cultural and educational rights (Articles 29–30)" +"6. Right to property (Article 31)" +"7. Right to constitutional remedies (Article 32)" +" However, the right to property was deleted from the list of" +"Fundamental Rights by the 44th Amendment Act, 1978. It is made a" +"legal right under Article 300-A in Part XII of the Constitution. So at" +"present, there are only six Fundamental Rights." +" FEATURES OF FUNDAMENTAL RIGHTS" +"" +"The Fundamental Rights guaranteed by the Constitution are" +"characterised by the following:" +"1. Some of them are available only to the citizens while others are" +"available to all persons whether citizens, foreigners or legal" +"persons like corporations or companies." +"2. They are not absolute but qualified. The state can impose" +"reasonable restrictions on them. However, whether such" +"restrictions are reasonable or not is to be decided by the courts." +"Thus, they strike a balance between the rights of the individual" +"and those of the society as a whole, between individual liberty" +"and social control." +"3. All of them are available against the arbitrary action of the state." +"However, some of them are also available against the action of" +"private individuals." +"4. Some of them are negative in character, that is, place limitations" +"on the authority of the State, while others are positive in nature," +"conferring certain privileges on the persons." +"5. They are justiciable, allowing persons to move the courts for" +"their enforcement, if and when they are violated." +"6. They are defended and guaranteed by the Supreme Court." +"Hence, the aggrieved person can directly go to the Supreme" +"Court, not necessarily by way of appeal against the judgement of" +"the high courts." +"7. They are not sacrosanct or permanent. The Parliament can" +"curtail or repeal them but only by a constitutional amendment act" +"and not by an ordinary act. Moreover, this can be done without" +"affecting the ‘basic structure’ of the Constitution. (The" +"amenability of fundamental rights is explained in detail in" +"Chapter 11)." +"8. They can be suspended during the operation of a National" +"Emergency except the rights guaranteed by Articles 20 and 21." +"Further, the six rights guaranteed by Article 19 can be" +"suspended only when emergency is declared on the grounds of" +"war or external aggression (i.e., external emergency) and not on" +"the ground of armed rebellion (i.e., internal emergency). (The" +"suspension of fundamental rights during a national Emergency is" +"explained in detail in Chapter 16)." +" 9. Their scope of operation is limited by Article 31A (saving of laws" +"providing for acquisition of estates, etc.), Article 31B (validation" +"of certain acts and regulations included in the 9th Schedule) and" +"Article 31C (saving of laws giving effect to certain directive" +"principles)." +"10. Their application to the members of armed forces, para-military" +"forces, police forces, intelligence agencies and analogous" +"services can be restricted or abrogated by the Parliament (Article" +"33)." +"11. Their application can be restricted while martial law is in force in" +"any area. Martial law means ‘military rule’ imposed under" +"abnormal circumstances to restore order (Article 34). It is" +"different from the imposition of national emergency." +"12. Most of them are directly enforceable (self-executory) while a" +"few of them can be enforced on the basis of a law made for" +"giving effect to them. Such a law can be made only by the" +"Parliament and not by state legislatures so that uniformity" +"throughout the country is maintained (Article 35)." +" DEFINITION OF STATE" +"" +"The term ‘State’ has been used in different provisions concerning the" +"fundamental rights. Hence, Article 12 has defined the term for the" +"purposes of Part III. According to it, the State includes the following:" +"(a) Government and Parliament of India, that is, executive and" +"legislative organs of the Union government." +"(b) Government and legislature of states, that is, executive and" +"legislative organs of state government." +"(c) All local authorities, that is, municipalities, panchayats, district" +"boards, improvement trusts, etc." +"(d) All other authorities, that is, statutory or non-statutory authorities" +"like LIC, ONGC, SAIL, etc." +"Thus, State has been defined in a wider sense so as to include all" +"its agencies. It is the actions of these agencies that can be challenged" +"in the courts as violating the Fundamental Rights." +"According to the Supreme Court, even a private body or an agency" +"working as an instrument of the State falls within the meaning of the" +"‘State’ under Article 12." +" LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS" +"Article 13 declares that all laws that are inconsistent with or in" +"derogation of any of the fundamental rights shall be void. In other" +"words, it expressively provides for the doctrine of judicial review. This" +"power has been conferred on the Supreme Court (Article 32) and the" +"high courts (Article 226) that can declare a law unconstitutional and" +"invalid on the ground of contravention of any of the Fundamental" +"Rights." +"The term ‘law’ in Article 13 has been given a wide connotation so" +"as to include the following:" +"(a) Permanent laws enacted by the Parliament or the state" +"legislatures;" +"(b) Temporary laws like ordinances issued by the president or the" +"state governors;" +"(c) Statutory instruments in the nature of delegated legislation" +"(executive legislation) like order, bye-law, rule, regulation or" +"notification; and" +"(d) Non-legislative sources of law, that is, custom or usage having" +"the force of law." +"Thus, not only a legislation but any of the above can be challenged" +"in the courts as violating a Fundamental Right and hence, can be" +"declared as void." +"Further, Article 13 declares that a constitutional amendment is not a" +"law and hence cannot be challenged. However, the Supreme Court" +"held in the Kesavananda Bharati case2 (1973) that a Constitutional" +"amendment can be challenged on the ground that it violates a" +"fundamental right that forms a part of the ‘basic structure’ of the" +"Constitution and hence, can be declared as void." +"" +"Table 7.1 Fundamental Rights at a Glance" +"Category Consists of" +"1. Right to equality (Articles (a) Equality before law and equal" +"14–18) protection of laws (Article 14)." +"(b) Prohibition of discrimination on" +"grounds of religion, race, caste," +"sex or place of birth (Article" +"15)." +" (c) Equality of opportunity in" +"matters of public employment" +"(Article 16)." +"(d) Abolition of untouchability and" +"prohibition of its practice" +"(Article 17)." +"(e) Abolition of titles except military" +"and academic (Article 18)." +"2. Right to freedom (Articles (a) Protection of six rights" +"19–22) regarding freedom of: (i)" +"speech and expression, (ii)" +"assembly, (iii) association, (iv)" +"movement, (v) residence, and" +"(vi) profession (Article 19)." +"(b) Protection in respect of" +"conviction for offences (Article" +"20)." +"(c) Protection of life and personal" +"liberty (Article 21)." +"(d) Right to elementary education" +"(Article 21A)." +"(e) Protection against arrest and" +"detention in certain cases" +"(Article 22)." +"3. Right against exploitation (a) Prohibition of traffic in human" +"(Articles 23–24) beings and forced labour" +"(Article 23)." +"(b) Prohibition of employment of" +"children in factories, etc." +"(Article 24)." +"4. Right to freedom of (a) Freedom of conscience and" +"religion (Article 25–28) free profession, practice and" +"propagation of religion (Article" +"25)." +"(b) Freedom to manage religious" +"affairs (Article 26)." +"(c) Freedom from payment of" +"taxes for promotion of any" +"religion (Article 27)." +"(d) Freedom from attending" +" religious instruction or worship" +"in certain educational" +"institutions (Article 28)." +"5. Cultural and educational (a) Protection of language, script" +"rights (Articles 29–30) and culture of minorities (Article" +"29)." +"(b) Right of minorities to establish" +"and administer educational" +"institutions (Article 30)." +"6. Right to constitutional Right to move the Supreme Court" +"remedies (Article 32) for the enforcement of" +"fundamental rights including the" +"writs of (i) habeas corpus, (ii)" +"mandamus, (iii) prohibition, (iv)" +"certiorari, and (v) quo war-rento" +"(Article 32)." +"" +"Table 7.2 Fundamental Rights (FR) of Foreigners" +"FR available only to citizens FR available to both citizens" +"and not to foreigners and foreigners (except enemy" +"aliens)" +"1. Prohibition of discrimination 1. Equality before law and equal" +"on grounds of religion, race, protection of laws (Article 14)." +"caste, sex or place of birth" +"(Article 15)." +"2. Equality of opportunity in 2. Protection in respect of" +"matters of public employment conviction for offences" +"(Article 16). (Article 20)." +"3. Protection of six rights 3. Protection of life and personal" +"regarding freedom of : (i) liberty (Article 21)." +"speech and expression, (ii)" +"assembly, (iii) association," +"(iv) movement, (v) residence," +"and (vi) profession (Article" +"19)." +"4. Protection of life and 4. Right to elementary" +"personal liberty (Article 21). education (Article 21A)." +"5. Right of minorities to 5. Protection against arrest and" +" establish and administer detention in certain cases" +"educational institutions (Article 22)." +"(Article 30)." +"6. Prohibition of traffic in human" +"beings and forced labour" +"(Article 23)." +"7. Prohibition of employment of" +"children in factories etc.," +"(Article 24)." +"8. Freedom of conscience and" +"free profession, practice and" +"propagation of religion" +"(Article 25)." +"9. Freedom to manage religious" +"affairs (Article 26)." +"10. Freedom from payment of" +"taxes for promotion of any" +"religion (Article 27)." +"11. Freedom from attending" +"religious instruction or" +"worship in certain educational" +"institutions (Article 28)." +" RIGHT TO EQUALITY" +"" +"1. Equality before Law and Equal Protection of Laws" +"Article 14 says that the State shall not deny to any person equality" +"before the law or the equal protection of the laws within the territory of" +"India. This provision confers rights on all persons whether citizens or" +"foreigners. Moreover, the word ‘person’ includes legal persons, viz," +"statutory corporations, companies, registered societies or any other" +"type of legal person." +"The concept of ‘equality before law’ is of British origin while the" +"concept of ‘equal protection of laws’ has been taken from the" +"American Constitution. The first concept connotes: (a) the absence of" +"any special privileges in favour of any person, (b) the equal subjection" +"of all persons to the ordinary law of the land administered by ordinary" +"law courts, and (c) no person (whether rich or poor, high or low, official" +"or non-official) is above the law." +"The second concept, on the other hand, connotes: (a) the equality" +"of treatment under equal circumstances, both in the privileges" +"conferred and liabilities imposed by the laws, (b) the similar" +"application of the same laws to all persons who are similarly situated," +"and (c) the like should be treated alike without any discrimination." +"Thus, the former is a negative concept while the latter is a positive" +"concept. However, both of them aim at establishing equality of legal" +"status, opportunity and justice." +"The Supreme Court held that where equals and unequals are" +"treated differently, Article 14 does not apply. While Article 14 forbids" +"class legislation, it permits reasonable classification of persons," +"objects and transactions by the law. But the classification should not" +"be arbitrary, artificial or evasive. Rather, it should be based on an" +"intelligible differential and substantial distinction." +"Rule of Law The concept of ‘equality before law’ is an element of the" +"concept of ‘Rule of Law’, propounded by A.V. Dicey, the British jurist." +"His concept has the following three elements or aspects:" +"(i) Absence of arbitrary power, that is, no man can be punished" +"except for a breach of law." +"(ii) Equality before the law, that is, equal subjection of all citizens (rich" +"or poor, high or low, official or non-official) to the ordinary law of" +"the land administered by the ordinary law courts3 ." +" (iii) The primacy of the rights of the individual, that is, the constitution" +"is the result of the rights of the individual as defined and enforced" +"by the courts of law rather than the constitution being the source" +"of the individual rights." +"The first and the second elements are applicable to the Indian" +"System and not the third one. In the Indian System, the constitution is" +"the source of the individual rights." +"The Supreme Court held that the ‘Rule of Law’ as embodied in" +"Article 14 is a ‘basic feature’ of the constitution. Hence, it cannot be" +"destroyed even by an amendment." +"Exceptions to Equality The rule of equality before law is not absolute" +"and there are constitutional and other exceptions to it. These are" +"mentioned below:" +"1. The President of India and the Governor of States enjoy the" +"following immunities (Article 361):" +"(i) The President or the Governor is not answerable to any court" +"the exercise and performance of the powers and duties of" +"office." +"(ii) No criminal proceedings shall be instituted or continued aga" +"the President or the Governor in any court during his term" +"office." +"(iii) No process for the arrest or imprisonment of the President or" +"Governor shall be issued from any court during his term of offic" +"(iv) No civil proceedings against the President or the Governor s" +"be instituted during his term of office in any court in respect of" +"act done by him in his personal capacity, whether before or a" +"he entered upon his office, until the expiration of two months n" +"after notice has been delivered to him." +"2. No person shall be liable to any civil or criminal proceedings in" +"any court in respect of the publication in a newspaper (or by" +"radio or television) of a substantially true report of any" +"proceedings of either House of Parliament or either House of the" +"Legislature of a State (Article 361-A)." +"3. No member of Parliament shall be liable to any proceedings in" +"any court in respect of anything said or any vote given by him in" +"Parliament or any committee thereof (Article 105)." +"4. No member of the Legislature of a state shall be liable to any" +"proceedings in any court in respect of anything said or any vote" +"given by him in the Legislature or any committee thereof (Article" +"194)." +" 5. Article 31-C is an exception to Article 14. It provides that the" +"laws made by the state for implementing the Directive Principles" +"contained in clause (b) or clause (c) of Article 39 cannot be" +"challenged on the ground that they are violative of Article 14." +"The Supreme Court held that “where Article 31-C comes in," +"Article 14 goes out”." +"6. The foreign sovereigns (rulers), ambassadors and diplomats" +"enjoy immunity from criminal and civil proceedings." +"7. The UNO and its agencies enjoy the diplomatic immunity." +"" +"2. Prohibition of Discrimination on Certain Grounds" +"Article 15 provides that the State shall not discriminate against any" +"citizen on grounds only of religion, race, caste, sex or place of birth." +"The two crucial words in this provision are ‘discrimination’ and ‘only’." +"The word ‘discrimination’ means ‘to make an adverse distinction with" +"regard to’ or ‘to distinguish unfavourably from others’. The use of the" +"word ‘only’ connotes that discrimination on other grounds is not" +"prohibited." +"The second provision of Article 15 says that no citizen shall be" +"subjected to any disability, liability, restriction or condition on grounds" +"only of religion, race, caste, sex, or place of birth with regard to (a)" +"access to shops, public restaurants, hotels and places of public" +"entertainment; or (b) the use of wells, tanks, bathing ghats, road and" +"places of public resort maintained wholly or partly by State funds or" +"dedicated to the use of general public. This provision prohibits" +"discrimination both by the State and private individuals, while the" +"former provision prohibits discrimination only by the State." +"There are four exceptions to this general rule of non-discrimination:" +"(a) The state is permitted to make any special provision for women" +"and children. For example, reservation of seats for women in" +"local bodies or provision of free education for children." +"(b) The state is permitted to make any special provision for the" +"advancement of any socially and educationally backward classes" +"of citizens or for the scheduled castes and scheduled tribes4. For" +"example, reservation of seats or fee concessions in public" +"educational institutions." +"(c) The state is empowered to make any special provision for the" +"advancement of any socially and educationally backward classes" +"of citizens or for the scheduled castes or the scheduled tribes" +"regarding their admission to educational institutions including" +" private educational institutions, whether aided or unaided by the" +"state, except the minority educational institutions." +"(d) The state is empowered to make any special provision for the" +"advancement of any economically weaker sections of citizens." +"Further, the state is allowed to make a provision for the" +"reservation of upto 10% of seats for such sections in admission" +"to educational institutions including private educational" +"institutions, whether aided or unaided by the state, except the" +"minority educational institutions. This reservation of upto 10%" +"would be in addition to the existing reservations. For this" +"purpose, the economically weaker sections would be notified by" +"the state from time to time on the basis of family income and" +"other indicators of economic disadvantage." +"" +"Reservation for OBCs in Educational Institutions" +"The above exception(c) was added by the 93rd Amendment Act of" +"2005. In order to give effect to this provision, the Centre enacted the" +"Central Educational Institutions (Reservation in Admission) Act, 2006," +"providing a quota of 27% for candidates belonging to the Other" +"Backward Classes (OBCs) in all central higher educational institutions" +"including the Indian Institutes of Technology (IITs) and the Indian" +"Institutes of Management (IIMs). In April 2008, the Supreme Court" +"upheld the validity of both, the Amendment Act and the OBC Quota" +"Act. But, the Court directed the central government to exclude the" +"‘creamy layer’ (advanced sections) among the OBCs while" +"implementing the law." +"The children of the following different categories of people belong" +"to ‘creamy layer’ among OBCs and thus will not get the quota benefit :" +"1. Persons holding constitutional posts like President, Vice-" +"President, Judges of SC and HCs, Chairman and Members of" +"UPSC and SPSCs, CEC, CAG and so on." +"2. Group ‘A’ / Class I and Group ‘B’ / Class II Officers of the All" +"India, Central and State Services; and Employees holding" +"equivalent posts in PSUs, Banks, Insurance Organisations," +"Universities etc., and also in private employment." +"3. Persons who are in the rank of colonel and above in the Army" +"and equivalent posts in the Navy, the Air Force and the" +"Paramilitary Forces." +"4. Professionals like doctors, lawyers, engineers, artists, authors," +"consultants and so on." +"5. Persons engaged in trade, business and industry." +" 6. People holding agricultural land above a certain limit and vacant" +"land or buildings in urban areas." +"7. Persons having gross annual income of more than ₹8 lakh or" +"possessing wealth above the exemption limit. In 1993, when the" +"“creamy layer” ceiling was introduced, it was ₹1 lakh. It was" +"subsequently revised to ₹2.5 lakh in 2004, ₹4.5 lakh in 2008, ₹6" +"lakh in 2013 and ₹8 lakh in 2017." +"" +"Reservation for EWSs in Educational Institutions" +"The above exception (d) was added by the 103rd Amendment Act of" +"2019. In order to give effect to this provision, the central government" +"issued an order (in 2019) providing 10% reservation to the" +"Economically Weaker Sections (EWSs) in admission to educational" +"institutions. The benefit of this reservation can be availed by the" +"persons belonging to EWSs who are not covered under any of the" +"existing schemes of reservations for SCs, STs and OBCs. The" +"eligibility criteria laid down in this regard is as follows:" +"1. Persons whose family has gross annual income below ₹8 lakh" +"are to be identified as EWSs for the benefit of reservation. The" +"income would include income from all sources i.e., salary," +"agriculture, business, profession etc. and it would be income for" +"the financial year prior to the year of application." +"2. Persons whose family owns or possesses any one of the" +"following assets are to be excluded from being identified as" +"EWSs, irrespective of the family income:" +"(a) 5 acres of Agricultural land and above." +"(b) Residential flat of 1000 sq.ft. and above." +"(c) Residential plot of 100 sq.yards and above in notified" +"municipalities." +"(d) Residential plot of 200 sq.yards and above in areas other" +"than the notified municipalities." +"3. The property held by a family in different locations or different" +"places / cities would be clubbed while applying the land or" +"property holding test to determine EWS status." +"4. Family for this purpose would include the person who seeks" +"benefit of reservation, his/her parents and siblings below the age" +"of 18 years as also his/ her spouse and children below the age" +"of 18 years." +"" +"3. Equality of Opportunity in Public Employment" +" Article 16 provides for equality of opportunity for all citizens in matters" +"of employment or appointment to any office under the State. No" +"citizen can be discriminated against or be ineligible for any" +"employment or office under the State on grounds of only religion, race," +"caste, sex, descent, place of birth or residence." +"There are four exceptions to this general rule of equality of" +"opportunity in public employment:" +"(a) Parliament can prescribe residence as a condition for certain" +"employment or appointment in a state or union territory or local" +"authority or other authority. As the Public Employment" +"(Requirement as to Residence) Act of 1957 expired in 1974," +"there is no such provision for any state except Andhra Pradesh5" +"and Telangana5a." +"(b) The State can provide for reservation of appointments or posts in" +"favour of any backward class that is not adequately represented" +"in the state services." +"(c) A law can provide that the incumbent of an office related to" +"religious or denominational institution or a member of its" +"governing body should belong to the particular religion or" +"denomination." +"(d) The state is permitted to make a provision for the reservation of" +"upto 10% of appointments or posts in favour of any economically" +"weaker sections of citizens. This reservation of upto 10% would" +"be in addition to the existing reservation. For this purpose, the" +"economically weaker sections would be notified by the state from" +"time to time on the basis of family income and other indicators of" +"economic disadvantage." +"" +"Mandal Commission and Aftermath" +"In 1979, the Morarji Desai Government appointed the Second6" +"Backward Classes Commission under the chairmanship of B.P." +"Mandal, a Member of Parliament, in terms of Article 340 of the" +"Constitution to investigate the conditions of the socially and" +"educationally backward classes and suggest measures for their" +"advancement. The commission submitted its report in 1980 and" +"identified as many as 3743 castes as socially and educationally" +"backward classes. They constitute nearly 52% component of the" +"population, excluding the scheduled castes (SCs) and the scheduled" +"tribes (STs). The commission recommended for reservation of 27%" +"government jobs for the Other Backward Classes (OBCs) so that the" +" total reservation for all ((SCs, STs and OBCs) amounts to 50%.7 It" +"was after ten years in 1990 that the V.P. Singh Government declared" +"reservation of 27% government jobs for the OBCs. Again in 1991, the" +"Narasimha Rao Government introduced two changes: (a) preference" +"to the poorer sections among the OBCs in the 27% quota, i.e.," +"adoption of the economic criteria in granting reservation, and (b)" +"reservation of another 10% of jobs for poorer (economically backward)" +"sections of higher castes who are not covered by any existing" +"schemes of reservation." +"In the famous Mandal case8 (1992), the scope and extent of Article" +"16(4), which provides for reservation of jobs in favour of backward" +"classes, has been examined thoroughly by the Supreme Court." +"Though the Court has rejected the additional reservation of 10% for" +"poorer sections of higher castes, it upheld the constitutional validity of" +"27% reservation for the OBCs with certain conditions, viz," +"(a) The advanced sections among the OBCs (the creamy layer)" +"should be excluded from the list of beneficiaries of reservation." +"(b) No reservation in promotions; reservation should be confined to" +"initial appointments only. Any existing reservation in promotions" +"can continue for five years only (i.e., upto 1997)." +"(c) The total reserved quota should not exceed 50% except in some" +"extraordinary situations. This rule should be applied every year." +"(d) The ‘carry forward rule’ in case of unfilled (backlog) vacancies is" +"valid. But it should not violate 50% rule." +"(e) A permanent statutory body should be established to examine" +"complaints of over-inclusion and under-inclusion in the list of" +"OBCs." +"With regard to the above rulings of the Supreme Court, the" +"government has taken the following actions:" +"(a) Ram Nandan Committee was appointed to identify the creamy" +"layer among the OBCs. It submitted its report in 1993, which was" +"accepted." +"(b) National Commission for Backward Classes was established in" +"1993 by an act of Parliament. Its mandate was to examine the" +"complaints of under-inclusion, over-inclusion or non-inclusion of" +"any class of citizens in the list of backward classes for the" +"purpose of job reservation. Later, the 102nd Amendment Act of" +"2018 conferred a constitutional status on the commission and" +"also enlarged its functions. For this purpose, the amendment" +"inserted a new Article 338-B in the constitution." +" (c) In order to nullify the ruling with regard to reservation in" +"promotions, the 77th Amendment Act was enacted in 1995. It" +"added a new provision in Article 16 that empowers the State to" +"provide for reservation in promotions of any services under the" +"State in favour of the SCs and STs that are not adequately" +"represented in the state services. Again, the 85th Amendment" +"Act of 2001 provides for ‘consequential seniority’ in the case of" +"promotion by virtue of rule of reservation for the government" +"servants belonging to the SCs and STs with retrospective effect" +"from June 1995." +"(d) The ruling with regard to backlog vacancies was nullified by the" +"81st Amendment Act of 2000. It added another new provision in" +"Article 16 that empowers the State to consider the unfilled" +"reserved vacancies of a year as a separate class of vacancies to" +"be filled up in any succeeding year or years. Such class of" +"vacancies are not to be combined with the vacancies of the year" +"in which they are being filled up to determine the ceiling of 50%" +"reservation on total number of vacancies of that year. In brief, it" +"ends the 50% ceiling on reservation in backlog vacancies." +"(e) The 76th Amendment Act of 1994 has placed the Tamil Nadu" +"Reservations Act9 of 1994 in the Ninth Schedule to protect it from" +"judicial review as it provided for 69 per cent of reservation, far" +"exceeding the 50 per cent ceiling." +"" +"Reservation for EWSs in Public Employment" +"The above exception (d) was added by the 103rd Amendment Act of" +"2019. In order to give effect to this provision, the central government" +"issued an order (in 2019) providing 10% reservation to the" +"Economically Weaker Sections (EWSs) in civil posts and services in" +"the Government of India. The benefit of this reservation can be availed" +"by the persons belonging to EWSs who are not covered under any of" +"the existing schemes of reservation for SCs, STs and OBCs. The" +"eligibility criteria laid down in this regard has already been explained" +"under Article 15." +"Further, the scientific and technical posts which satisfy all the" +"following conditions can be exempted from the purview of this" +"reservation:" +"(i) The posts should be in grades above the lower grade in Group A" +"of the service concerned." +"(ii) They should be classified as “scientific or technical” in terms of" +" Cabinet Secretariat Order (1961), according to which scientific" +"and technical posts for which qualifications in the natural sciences" +"or exact sciences or applied sciences or in technology are" +"prescribed and the incumbents of which have to use that" +"knowledge in the discharge of their duties." +"(iii) The posts should be for conducting research or for organizing," +"guiding and directing research." +"" +"4. Abolition of Untouchability" +"Article 17 abolishes ‘untouchability’ and forbids its practice in any" +"form. The enforcement of any disability arising out of untouchability" +"shall be an offence punishable in accordance with law." +"In 1976, the Untouchability (Offences) Act, 1955 has been" +"comprehensively amended and renamed as the Protection of Civil" +"Rights Act, 1955 to enlarge the scope and make penal provisions" +"more stringent. The act defines civil right as any right accruing to a" +"person by reason of the abolition of untouchability by Article 17 of the" +"Constitution." +"The term ‘untouchability’ has not been defined either in the" +"Constitution or in the Act. However, the Mysore High Court held that" +"the subject matter of Article 17 is not untouchability in its literal or" +"grammatical sense but the ‘practice as it had developed historically in" +"the country’. It refers to the social disabilities imposed on certain" +"classes of persons by reason of their birth in certain castes. Hence, it" +"does not cover social boycott of a few individuals or their exclusion" +"from religious services, etc." +"The Supreme Court held that the right under Article 17 is available" +"against private individuals and it is the constitutional obligation of the" +"State to take necessary action to ensure that this right is not violated." +"" +"5. Abolition of Titles" +"Article 18 abolishes titles and makes four provisions in that regard:" +"(a) It prohibits the state from conferring any title (except a military or" +"academic distinction) on any body, whether a citizen or a" +"foreigner." +"(b) It prohibits a citizen of India from accepting any title from any" +"foreign state." +"(c) A foreigner holding any office of profit or trust under the state" +"cannot accept any title from any foreign state without the consent" +" of the president." +"(d) No citizen or foreigner holding any office of profit or trust under" +"the State is to accept any present, emolument or office from or" +"under any foreign State without the consent of the president." +"From the above, it is clear that the hereditary titles of nobility like" +"Maharaja, Raj Bahadur, Rai Bahadur, Rai Saheb, Dewan Bahadur," +"etc, which were conferred by colonial States are banned by Article 18" +"as these are against the principle of equal status of all." +"In 199610 , the Supreme Court upheld the constitutional validity of" +"the National Awards–Bharat Ratna, Padma Vibhushan, Padma" +"Bhushan and Padma Sri. It ruled that these awards do not amount to" +"‘titles’ within the meaning of Article 18 that prohibits only hereditary" +"titles of nobility. Therefore, they are not violative of Article 18 as the" +"theory of equality does not mandate that merit should not be" +"recognised. However, it also ruled that they should not be used as" +"suffixes or prefixes to the names of awardees. Otherwise, they should" +"forfeit the awards." +"These National Awards were instituted in 1954. The Janata Party" +"government headed by Morarji Desai discontinued them in 1977. But" +"they were again revived in 1980 by the Indira Gandhi government." +" RIGHT TO FREEDOM" +"" +"1. Protection of Six Rights" +"Article 19 guarantees to all citizens the six rights. These are:" +"(i) Right to freedom of speech and expression." +"(ii) Right to assemble peaceably and without arms." +"(iii) Right to form associations or unions or co-operative societies.10a" +"(iv) Right to move freely throughout the territory of India." +"(v) Right to reside and settle in any part of the territory of India." +"(vi) Right to practice any profession or to carry on any occupation," +"trade or business." +"Originally, Article 19 contained seven rights. But, the right to" +"acquire, hold and dispose of property was deleted by the 44th" +"Amendment Act of 1978." +"These six rights are protected against only state action and not" +"private individuals. Moreover, these rights are available only to the" +"citizens and to shareholders of a company but not to foreigners or" +"legal persons like companies or corporations, etc." +"The State can impose ‘reasonable’ restrictions on the enjoyment of" +"these six rights only on the grounds mentioned in the Article 19 itself" +"and not on any other grounds." +"" +"Freedom of Speech and Expression" +"It implies that every citizen has the right to express his views," +"opinions, belief and convictions freely by word of mouth, writing," +"printing, picturing or in any other manner. The Supreme Court held" +"that the freedom of speech and expression includes the following:" +"(a) Right to propagate one’s views as well as views of others." +"(b) Freedom of the press." +"(c) Freedom of commercial advertisements." +"(d) Right against tapping of telephonic conversation." +"(e) Right to telecast, that is, government has no monopoly on" +"electronic media." +"(f) Right against bundh called by a political party or organisation." +"(g) Right to know about government activities." +"(h) Freedom of silence." +"(i) Right against imposition of pre-censorship on a newspaper." +"(j) Right to demonstration or picketing but not right to strike." +" The State can impose reasonable restrictions on the exercise of the" +"freedom of speech and expression on the grounds of sovereignty and" +"integrity of India, security of the state, friendly relations with foreign" +"states, public order, decency or morality, contempt of court," +"defamation, and incitement to an offence." +"" +"Freedom of Assembly" +"Every citizen has the right to assemble peaceably and without arms. It" +"includes the right to hold public meetings, demonstrations and take" +"out processions. This freedom can be exercised only on public land" +"and the assembly must be peaceful and unarmed. This provision does" +"not protect violent, disorderly, riotous assemblies, or one that causes" +"breach of public peace or one that involves arms. This right does not" +"include the right to strike." +"The State can impose reasonable restrictions on the exercise of" +"right of assembly on two grounds, namely, sovereignty and integrity of" +"India and public order including the maintenance of traffic in the area" +"concerned." +"Under Section 144 of Criminal Procedure Code (1973), a" +"magistrate can restrain an assembly, meeting or procession if there is" +"a risk of obstruction, annoyance or danger to human life, health or" +"safety or a disturbance of the public tranquillity or a riot or any affray." +"Under Section 141 of the Indian Penal Code, as assembly of five or" +"more persons becomes unlawful if the object is (a) to resist the" +"execution of any law or legal process; (b) to forcibly occupy the" +"property of some person; (c) to commit any mischief or criminal" +"trespass; (d) to force some person to do an illegal act; and (e) to" +"threaten the government or its officials on exercising lawful powers." +"" +"Freedom of Association" +"All citizens have the right to form associations or unions or co-" +"operative societies10b. It includes the right to form political parties," +"companies, partnership firms, societies, clubs, organisations, trade" +"unions or any body of persons. It not only includes the right to start an" +"association or union but also to continue with the association or union" +"as such. Further, it covers the negative right of not to form or join an" +"association or union." +"Reasonable restrictions can be imposed on the exercise of this" +"right by the State on the grounds of sovereignty and integrity of India," +"public order and morality. Subject to these restrictions, the citizens" +"have complete liberty to form associations or unions for pursuing" +" lawful objectives and purposes. However, the right to obtain" +"recognition of the association is not a fundamental right." +"The Supreme Court held that the trade unions have no guaranteed" +"right to effective bargaining or right to strike or right to declare a lock-" +"out. The right to strike can be controlled by an appropriate industrial" +"law." +"" +"Freedom of Movement" +"This freedom entitles every citizen to move freely throughout the" +"territory of the country. He can move freely from one state to another" +"or from one place to another within a state. This right underline the" +"idea that India is one unit so far as the citizens are concerned. Thus," +"the purpose is to promote national feeling and not parochialism." +"The grounds of imposing reasonable restrictions on this freedom" +"are two, namely, the interests of general public and the protection of" +"interests of any scheduled tribe. The entry of outsiders in tribal areas" +"is restricted to protect the distinctive culture, language, customs and" +"manners of scheduled tribes and to safeguard their traditional vocation" +"and properties against exploitation." +"The Supreme Court held that the freedom of movement of" +"prostitutes can be restricted on the ground of public health and in the" +"interest of public morals. The Bombay High Court validated the" +"restrictions on the movement of persons affected by AIDS." +"The freedom of movement has two dimensions, viz, internal (right" +"to move inside the country) and external (right to move out of the" +"country and right to come back to the country). Article 19 protects only" +"the first dimension. The second dimension is dealt by Article 21 (right" +"to life and personal liberty)." +"" +"Freedom of Residence" +"Every citizen has the right to reside and settle in any part of the" +"territory of the country. This right has two parts: (a) the right to reside" +"in any part of the country, which means to stay at any place" +"temporarily, and (b) the right to settle in any part of the country, which" +"means to set up a home or domicile at any place permanently." +"This right is intended to remove internal barriers within the country" +"or between any of its parts. This promotes nationalism and avoids" +"narrow mindedness." +"The State can impose reasonable restrictions on the exercise of" +"this right on two grounds, namely, the interest of general public and" +"the protection of interests of any scheduled tribes. The right of" +" outsiders to reside and settle in tribal areas is restricted to protect the" +"distinctive culture, language, customs and manners of scheduled" +"tribes and to safeguard their traditional vocation and properties" +"against exploitation. In many parts of the country, the tribals have" +"been permitted to regulate their property rights in accordance with" +"their customary rules and laws." +"The Supreme Court held that certain areas can be banned for" +"certain kinds of persons like prostitutes and habitual offenders." +"From the above, it is clear that the right to residence and the right" +"to movement are overlapping to some extent. Both are" +"complementary to each other." +"" +"Freedom of Profession, etc." +"All citizens are given the right to practise any profession or to carry on" +"any occupation, trade or business. This right is very wide as it covers" +"all the means of earning one’s livelihood." +"The State can impose reasonable restrictions on the exercise of" +"this right in the interest of the general public. Further, the State is" +"empowered to:" +"(a) prescribe professional or technical qualifications necessary for" +"practising any profession or carrying on any occupation, trade or" +"business; and" +"(b) carry on by itself any trade, business, industry or service whether" +"to the exclusion (complete or partial) of citizens or otherwise." +"Thus, no objection can be made when the State carries on a trade," +"business, industry or service either as a monopoly (complete or" +"partial) to the exclusion of citizens (all or some only) or in competition" +"with any citizen. The State is not required to justify its monopoly." +"This right does not include the right to carry on a profession or" +"business or trade or occupation that is immoral (trafficking in women" +"or children) or dangerous (harmful drugs or explosives, etc,). The" +"State can absolutely prohibit these or regulate them through licencing." +"" +"2. Protection in Respect of Conviction for Offences" +"Article 20 grants protection against arbitrary and excessive" +"punishment to an accused person, whether citizen or foreigner or legal" +"person like a company or a corporation. It contains three provisions in" +"that direction:" +"(a) No ex-post-facto law: No person shall be (i) convicted of any" +"offence except for violation of a law in force at the time of the" +" commission of the act, nor (ii) subjected to a penalty greater than" +"that prescribed by the law in force at the time of the commission" +"of the act." +"(b) No double jeopardy: No person shall be prosecuted and" +"punished for the same offence more than once." +"(c) No self-incrimination: No person accused of any offence shall be" +"compelled to be a witness against himself." +"An ex-post-facto law is one that imposes penalties retrospectively" +"(retroactively), that is, upon acts already done or which increases the" +"penalties for such acts. The enactment of such a law is prohibited by" +"the first provision of Article 20. However, this limitation is imposed only" +"on criminal laws and not on civil laws or tax laws. In other words, a" +"civil liability or a tax can be imposed retrospectively. Further, this" +"provision prohibits only conviction or sentence under an ex-post-facto" +"criminal law and not the trial thereof. Finally, the protection (immunity)" +"under this provision cannot be claimed in case of preventive detention" +"or demanding security from a person." +"The protection against double jeopardy is available only in" +"proceedings before a court of law or a judicial tribunal. In other words," +"it is not available in proceedings before departmental or administrative" +"authorities as they are not of judicial nature." +"The protection against self-incrimination extends to both oral" +"evidence and documentary evidence. However, it does not extend to" +"(i) compulsory production of material objects, (ii) compulsion to give" +"thumb impression, specimen signature, blood specimens, and (iii)" +"compulsory exhibition of the body. Further, it extends only to criminal" +"proceedings and not to civil proceedings or proceedings which are not" +"of criminal nature." +"" +"3. Protection of Life and Personal Liberty" +"Article 21 declares that no person shall be deprived of his life or" +"personal liberty except according to procedure established by law." +"This right is available to both citizens and non-citizens." +"In the famous Gopalan case11 (1950), the Supreme Court has" +"taken a narrow interpretation of the Article 21. It held that the" +"protection under Article 21 is available only against arbitrary executive" +"action and not from arbitrary legislative action. This means that the" +"State can deprive the right to life and personal liberty of a person" +"based on a law. This is because of the expression ‘procedure" +"established by law’ in Article 21, which is different from the expression" +" ‘due process of law’ contained in the American Constitution. Hence," +"the validity of a law that has prescribed a procedure cannot be" +"questioned on the ground that the law is unreasonable, unfair or" +"unjust. Secondly, the Supreme Court held that the ‘personal liberty’" +"means only liberty relating to the person or body of the individual. But," +"in Menaka case12 (1978), the Supreme Court overruled its judgement" +"in the Gopalan case by taking a wider interpretation of the Article 21." +"Therefore, it ruled that the right to life and personal liberty of a person" +"can be deprived by a law provided the procedure prescribed by that" +"law is reasonable, fair and just. In other words, it has introduced the" +"American expression ‘due process of law’. In effect, the protection" +"under Article 21 should be available not only against arbitrary" +"executive action but also against arbitrary legislative action. Further," +"the court held that the ‘right to life’ as embodied in Article 21 is not" +"merely confined to animal existence or survival but it includes within" +"its ambit the right to live with human dignity and all those aspects of" +"life which go to make a man’s life meaningful, complete and worth" +"living. It also ruled that the expression ‘Personal Liberty’ in Article 21 is" +"of the widest amplitude and it covers a variety of rights that go to" +"constitute the personal liberties of a man." +"The Supreme Court has reaffirmed its judgement in the Menaka" +"case in the subsequent cases. It has declared the following rights as" +"part of Article 21:" +"(1) Right to live with human dignity." +"(2) Right to decent environment including pollution free water and air" +"and protection against hazardous industries." +"(3) Right to livelihood." +"(4) Right to privacy." +"(5) Right to shelter." +"(6) Right to health." +"(7) Right to free education up to 14 years of age." +"(8) Right to free legal aid." +"(9) Right against solitary confinement." +"(10) Right to speedy trial." +"(11) Right against handcuffing." +"(12) Right against inhuman treatment." +"(13) Right against delayed execution." +"(14) Right to travel abroad." +"(15) Right against bonded labour." +"(16) Right against custodial harassment." +" (17) Right to emergency medical aid." +"(18) Right to timely medical treatment in government hospital." +"(19) Right not to be driven out of a state." +"(20) Right to fair trial." +"(21) Right of prisoner to have necessities of life." +"(22) Right of women to be treated with decency and dignity." +"(23) Right against public hanging." +"(24) Right to road in hilly areas." +"(25) Right to information." +"(26) Right to reputation." +"(27) Right of appeal from a judgement of conviction" +"(28) Right to family pension" +"(29) Right to social and economic justice and empowerment" +"(30) Right against bar fetters" +"(31) Right to appropriate life insurance policy" +"(32) Right to sleep" +"(33) Right to freedom from noise pollution" +"(34) Right to sustainable development" +"(35) Right to opportunity." +"" +"4. Right to Education" +"Article 21 A declares that the State shall provide free and compulsory" +"education to all children of the age of six to fourteen years in such a" +"manner as the State may determine. Thus, this provision makes only" +"elementary education a Fundamental Right and not higher or" +"professional education." +"This provision was added by the 86th Constitutional Amendment" +"Act of 2002. This amendment is a major milestone in the country’s aim" +"to achieve ‘Education for All’. The government described this step as" +"‘the dawn of the second revolution in the chapter of citizens’ rights’." +"Even before this amendment, the Constitution contained a" +"provision for free and compulsory education for children under Article" +"45 in Part IV. However, being a directive principle, it was not" +"enforceable by the courts. Now, there is scope for judicial intervention" +"in this regard." +"This amendment changed the subject matter of Article 45 in" +"directive principles. It now reads–‘The state shall endeavour to provide" +"early childhood care and education for all children until they complete" +"the age of six years.’ It also added a new fundamental duty under" +"Article 51A that reads–‘It shall be the duty of every citizen of India to" +" provide opportunities for education to his child or ward between the" +"age of six and fourteen years’." +"In 1993 itself, the Supreme Court recognised a Fundamental Right" +"to primary education in the right to life under Article 21. It held that" +"every child or citizen of this country has a right to free education until" +"he completes the age of 14 years. Thereafter, his right to education is" +"subject to the limits of economic capacity and development of the" +"state. In this judgement, the Court overruled its earlier judgement" +"(1992) which declared that there was a fundamental right to education" +"up to any level including professional education like medicine and" +"engineering." +"In pursuance of Article 21A, the Parliament enacted the Right of" +"Children to Free and" +"Compulsory Education (RTE) Act, 2009. This Act seeks to provide" +"that every child has a right to be provided full time elementary" +"education of satisfactory and equitable quality in a formal school which" +"satisfies certain essential norms and standards. This legislation is" +"anchored in the belief that the values of equality, social justice and" +"democracy and the creation of a just and humane society can be" +"achieved only through provision of inclusive elementary education to" +"all.12a" +"" +"5. Protection Against Arrest and Detention" +"Article 22 grants protection to persons who are arrested or detained." +"Detention is of two types, namely, punitive and preventive. Punitive" +"detention is to punish a person for an offence committed by him after" +"trial and conviction in a court. Preventive detention, on the other hand," +"means detention of a person without trial and conviction by a court. Its" +"purpose is not to punish a person for a past offence but to prevent him" +"from committing an offence in the near future. Thus, preventive" +"detention is only a precautionary measure and based on suspicion." +"The Article 22 has two parts–the first part deals with the cases of" +"ordinary law and the second part deals with the cases of preventive" +"detention law." +"(a) The first part of Article 22 confers the following rights on a person" +"who is arrested or detained under an ordinary law:" +"(i) Right to be informed of the grounds of arrest." +"(ii) Right to consult and be defended by a legal practitioner." +"(iii) Right to be produced before a magistrate within 24 hou" +"including the journey time." +" (iv) Right to be released after 24 hours unless the magistra" +"authorises further detention." +"These safeguards are not available to an enemy alien or a" +"person arrested or detained under a preventive detention law." +"The Supreme Court also ruled that the arrest and detention in" +"the first part of Article 22 do not cover arrest under the orders of" +"a court, civil arrest, arrest on failure to pay the income tax, and" +"deportation of an alien. They apply only to an act of a criminal or" +"quasi-criminal nature or some activity prejudicial to public" +"interest." +"(b) The second part of Article 22 grants protection to persons who" +"are arrested or detained under a preventive detention law. This" +"protection is available to both citizens as well as aliens and" +"includes the following:" +"(i) The detention of a person cannot exceed three months unless" +"advisory board reports sufficient cause for extended detentio" +"The board is to consist of judges of a high court." +"(ii) The grounds of detention should be communicated to the deten" +"However, the facts considered to be against the public intere" +"need not be disclosed." +"(iii) The detenu should be afforded an opportunity to make" +"representation against the detention order." +"Article 22 also authorises the Parliament to prescribe (a) the" +"circumstances and the classes of cases in which a person can be" +"detained for more than three months under a preventive detention law" +"without obtaining the opinion of an advisory board; (b) the maximum" +"period for which a person can be detained in any classes of cases" +"under a preventive detention law; and (c) the procedure to be followed" +"by an advisory board in an inquiry." +"The 44th Amendment Act of 1978 has reduced the period of" +"detention without obtaining the opinion of an advisory board from" +"three to two months. However, this provision has not yet been brought" +"into force, hence, the original period of three months still continues." +"The Constitution has divided the legislative power with regard to" +"preventive detention between the Parliament and the state" +"legislatures. The Parliament has exclusive authority to make a law of" +"preventive detention for reasons connected with defence, foreign" +"affairs and the security of India. Both the Parliament as well as the" +"state legislatures can concurrently make a law of preventive detention" +"for reasons connected with the security of a state, the maintenance of" +" public order and the maintenance of supplies and services essential to" +"the community." +"The preventive detention laws made by the Parliament are:" +"(a) Preventive Detention Act, 1950. Expired in 1969." +"(b) Maintenance of Internal Security Act (MISA), 1971. Repealed in" +"1978" +"(c) Conservation of Foreign Exchange and Prevention of Smuggling" +"Activities Act (COFEPOSA), 1974." +"(d) National Security Act (NASA), 1980." +"(e) Prevention of Blackmarketing and Maintenance of Supplies of" +"Essential Commodities Act (PBMSECA), 1980." +"(f) Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985." +"Repealed in 1995." +"(g) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic" +"Substances Act (PITNDPSA), 1988." +"(h) Prevention of Terrorism Act (POTA), 2002. Repealed in 2004." +"(i) Unlawful Activities (Prevention) Act (UAPA), 1967, as amended in" +"2004, 2008, 2012 and 2019." +"It is unfortunate to know that no democratic country in the world has" +"made preventive detention as an integral part of the Constitution as" +"has been done in India. It is unknown in USA. It was resorted to in" +"Britain only during first and second world war time. In India, preventive" +"detention existed even during the British rule. For example, the Bengal" +"State Prisoners Regulation of 1818 and the Defence of India Act of" +"1939 provided for preventive detention." +" RIGHT AGAINST EXPLOITATION" +"" +"1. Prohibition of Traffic in Human Beings and Forced" +"Labour" +"Article 23 prohibits traffic in human beings, begar (forced labour) and" +"other similar forms of forced labour. Any contravention of this provision" +"shall be an offence punishable in accordance with law. This right is" +"available to both citizens and non-citizens. It protects the individual not" +"only against the State but also against private persons." +"The expression ‘traffic in human beings’ include (a) selling and" +"buying of men, women and children like goods; (b) immoral traffic in" +"women and children, including prostitution; (c) devadasis; and (d)" +"slavery. To punish these acts, the Parliament has made the Immoral" +"Traffic (Prevention) Act13 , 1956." +"The term ‘begar ’ means compulsory work without remuneration. It" +"was a peculiar Indian system under which the local zamin-dars" +"sometimes used to force their tenants to render services without any" +"payment. In addition to begar, the Article 23 prohibits other ‘similar" +"forms of forced labour’ like ‘bonded labour’. The term ‘forced labour’" +"means compelling a person to work against his will. The word ‘force’" +"includes not only physical or legal force but also force arising from the" +"compulsion of economic circumstances, that is, working for less than" +"the minimum wage. In this regard, the Bonded Labour System" +"(Abolition) Act, 1976; the Minimum Wages Act, 1948; the Contract" +"Labour Act, 1970 and the Equal Remuneration Act, 1976 were made." +"Article 23 also provides for an exception to this provision. It permits" +"the State to impose compulsory service for public purposes, as for" +"example, military service or social service, for which it is not bound to" +"pay. However, in imposing such service, the State is not permitted to" +"make any discrimination on grounds only of religion, race, caste or" +"class." +"" +"2. Prohibition of Employment of Children in Factories, etc." +"Article 24 prohibits the employment of children below the age of 14" +"years in any factory, mine or other hazardous activities like" +"construction work or railway. But it does not prohibit their employment" +"in any harmless or innocent work." +" The Child Labour (Prohibition and Regulation) Act, 1986, is the" +"most important law in this direction. In addition, the Employment of" +"Children Act, 1938; the Factories Act, 1948; the Mines Act, 1952; the" +"Merchant Shipping Act, 1958; the Plantation Labour Act, 1951; the" +"Motor Transport Workers Act, 1951; Apprentices Act, 1961; the Bidi" +"and Cigar Workers Act, 1966; and other similar acts prohibit the" +"employment of children below certain age." +"In 1996, the Supreme Court directed the establishment of Child" +"Labour Rehabilitation Welfare Fund in which the offending employer" +"should deposit a fine of ₹20,000 for each child employed by him. It" +"also issued directions for the improvement of education, health and" +"nutrition of children." +"The Commissions for Protection of Child Rights Act, 2005 was" +"enacted to provide for the establishment of a National Commission" +"and State Commissions for Protection of Child Rights and Children’s" +"Courts for providing speedy trial of offences against children or of" +"violation of child rights." +"In 2006, the government banned the employment of children as" +"domestic servants or workers in business establishments like hotels," +"dhabas, restaurants, shops, factories, resorts, spas, tea-shops and so" +"on. It warned that anyone employing children below 14 years of age" +"would be liable for prosecution and penal action." +"The Child Labour (Prohibition and Regulation) Amendment Act," +"2016, amended the Child Labour (Prohibition and Regulation) Act," +"1986. It has renamed the Principal Act as the Child and Adolescent" +"Labour (Prohibition and Regulation) Act, 1986." +" RIGHT TO FREEDOM OF RELIGION" +"" +"1. Freedom of Conscience and Free Profession, Practice" +"and Propagation of Religion" +"Article 25 says that all persons are equally entitled to freedom of" +"conscience and the right to freely profess, practice and propagate" +"religion. The implications of these are:" +"(a) Freedom of conscience: Inner freedom of an individual to mould" +"his relation with God or Creatures in whatever way he desires." +"(b) Right to profess: Declaration of one’s religious beliefs and faith" +"openly and freely." +"(c) Right to practice: Performance of religious worship, rituals," +"ceremonies and exhibition of beliefs and ideas." +"(d) Right to propagate: Transmission and dissemination of one’s" +"religious beliefs to others or exposition of the tenets of one’s" +"religion. But, it does not include a right to convert another person" +"to one’s own religion. Forcible conversions impinge on the" +"‘freedom of conscience’ guaranteed to all the persons alike." +"From the above, it is clear that Article 25 covers not only religious" +"beliefs (doctrines) but also religious practices (rituals). Moreover," +"these rights are available to all persons–citizens as well as non-" +"citizens." +"However, these rights are subject to public order, morality, health" +"and other provisions relating to fundamental rights. Further, the State" +"is permitted to:" +"(a) regulate or restrict any economic, financial, political or other" +"secular activity associated with religious practice; and" +"(b) provide for social welfare and reform or throw open Hindu" +"religious institutions of a public character to all classes and" +"sections of Hindus." +"Article 25 also contains two explanations: one, wearing and" +"carrying of kirpans is to be included in the profession of the Sikh" +"religion; and two, the Hindus, in this context, include Sikhs, Jains and" +"Buddhists.14" +"" +"2. Freedom to Manage Religious Affairs" +"According to Article 26, every religious denomination or any of its" +"section shall have the following rights:" +" (a) Right to establish and maintain institutions for religious and" +"charitable purposes;" +"(b) Right to manage its own affairs in matters of religion;" +"(c) Right to own and acquire movable and immovable property; and" +"(d) Right to administer such property in accordance with law." +"Article 25 guarantees rights of individuals, while Article 26" +"guarantees rights of religious denominations or their sections. In other" +"words, Article 26 protects collective freedom of religion. Like the rights" +"under Article 25, the rights under Article 26 are also subject to public" +"order, morality and health but not subject to other provisions relating to" +"the Fundamental Rights." +"The Supreme Court held that a religious denomination must satisfy" +"three conditions:" +"(a) It should be a collection of individuals who have a system of" +"beliefs (doctrines) which they regard as conducive to their" +"spiritual well-being;" +"(b) It should have a common organisation; and" +"(c) It should be designated by a distinctive name." +"Under the above criteria, the Supreme Court held that the" +"‘Ramakrishna Mission’ and ‘Ananda Marga’ are religious" +"denominations within the Hindu religion. It also held that Aurobindo" +"Society is not a religious denomination." +"" +"3. Freedom from Taxation for Promotion of a Religion" +"Article 27 lays down that no person shall be compelled to pay any" +"taxes for the promotion or maintenance of any particular religion or" +"religious denomination. In other words, the State should not spend the" +"public money collected by way of tax for the promotion or" +"maintenance of any particular religion. This provision prohibits the" +"State from favouring, patronising and supporting one religion over the" +"other. This means that the taxes can be used for the promotion or" +"maintenance of all religions." +"This provision prohibits only levy of a tax and not a fee. This is" +"because the purpose of a fee is to control secular administration of" +"religious institutions and not to promote or maintain religion. Thus, a" +"fee can be levied on pilgrims to provide them some special service or" +"safety measures. Similarly, a fee can be levied on religious" +"endowments for meeting the regulation expenditure." +"" +"4. Freedom from Attending Religious Instruction" +" Under Article 28, no religious instruction shall be provided in any" +"educational institution wholly maintained out of State funds. However," +"this provision shall not apply to an educational institution administered" +"by the State but established under any endowment or trust, requiring" +"imparting of religious instruction in such institution." +"Further, no person attending any educational institution recognised" +"by the State or receiving aid out of State funds shall be required to" +"attend any religious instruction or worship in that institution without his" +"consent. In case of a minor, the consent of his guardian is needed." +"Thus, Article 28 distinguishes between four types of educational" +"institutions:" +"(a) Institutions wholly maintained by the State." +"(b) Institutions administered by the State but established under any" +"endowment or trust." +"(c) Institutions recognised by the State." +"(d) Institutions receiving aid from the State." +"In (a), religious instruction is completely prohibited while in (b)," +"religious instruction is permitted. In (c) and (d), religious instruction is" +"permitted on a voluntary basis." +" CULTURAL AND EDUCATIONAL RIGHTS" +"" +"1. Protection of Interests of Minorities" +"Article 29 provides that any section of the citizens residing in any part" +"of India having a distinct language, script or culture of its own, shall" +"have the right to conserve the same. Further, no citizen shall be" +"denied admission into any educational institution maintained by the" +"State or receiving aid out of State funds on grounds only of religion," +"race, caste, or language." +"The first provision protects the right of a group while the second" +"provision guarantees the right of a citizen as an individual irrespective" +"of the community to which he belongs." +"Article 29 grants protection to both religious minorities as well as" +"linguistic minorities. However, the Supreme Court held that the scope" +"of this article is not necessarily restricted to minorities only, as it is" +"commonly assumed to be. This is because of the use of words" +"‘section of citizens’ in the Article that include minorities as well as" +"majority." +"The Supreme Court also held that the right to conserve the" +"language includes the right to agitate for the protection of the" +"language. Hence, the political speeches or promises made for the" +"conservation of the language of a section of the citizens does not" +"amount to corrupt practice under the Representation of the People" +"Act, 1951." +"" +"2. Right of Minorities to Establish and Administer" +"Educational Institutions" +"Article 30 grants the following rights to minorities, whether religious or" +"linguistic:" +"(a) All minorities shall have the right to establish and administer" +"educational institutions of their choice." +"(b) The compensation amount fixed by the State for the compulsory" +"acquisition of any property of a minority educational institution" +"shall not restrict or abrogate the right guaranteed to them. This" +"provision was added by the 44th Amendment Act of 1978 to" +"protect the right of minorities in this regard. The Act deleted the" +"right to property as a Fundamental Right (Article 31)." +" (c) In granting aid, the State shall not discriminate against any" +"educational institution managed by a minority." +"Thus, the protection under Article 30 is confined only to minorities" +"(religious or linguistic) and does not extend to any section of citizens" +"(as under Article 29). However, the term ‘minority’ has not been" +"defined anywhere in the Constitution." +"The right under Article 30 also includes the right of a minority to" +"impart education to its children in its own language." +"Minority educational institutions are of three types:" +"(a) institutions that seek recognition as well as aid from the State;" +"(b) institutions that seek only recognition from the State and not aid;" +"and" +"(c) institutions that neither seek recognition nor aid from the State." +"The institutions of first and second type are subject to the" +"regulatory power of the state with regard to syllabus prescription," +"academic standards, discipline, sanitation, employment of teaching" +"staff and so on. The institutions of third type are free to administer" +"their affairs but subject to operation of general laws like contract law," +"labour law, industrial law, tax law, economic regulations, and so on." +"In a judgement delivered in the Secretary of Malankara Syrian" +"Catholic College case14a (2007), the Supreme Court has summarized" +"the general principles relating to establishment and administration of" +"minority educational institutions in the following way :" +"1. The right of minorities to establish and administer educational" +"institutions of their choice comprises the following rights :" +"(i) To choose its governing body in whom the founders of" +"institution have faith and confidence to conduct and manage" +"affairs of the institution;" +"(ii) To appoint teaching staff (teachers/ lecturers and he" +"masters/princi-pals) as also non-teaching staff; and to take ac" +"if there is dereliction of duty on the part of any of its employees" +"(iii) To admit eligible students of their choice and to set u" +"reasonable fee structure; and" +"(iv) To use its properties and assets for the benefit of the institution" +"2. The right conferred on minorities under Article 30 is only to" +"ensure equality with the majority and not intended to place the" +"minorities in a more advantageous position vis-a-vis the majority." +"There is no reverse discrimination in favour of minorities. The" +"general laws of the land relating to national interest, national" +"security, social welfare, public order, morality, health, sanitation," +" taxation etc., applicable to all, will equally apply to minority" +"institutions also." +"3. The right to establish and administer educational institutions is" +"not absolute. Nor does it include the right to maladminister." +"There can be regulatory measures for ensuring educational" +"character and standards and maintaining academic excellence." +"There can be checks on administration as are necessary to" +"ensure that the administration is efficient and sound, so as to" +"serve the academic needs of the institution. Regulations made" +"by the State concerning generally the welfare of students and" +"teachers, regulations laying down eligibility criteria and" +"qualifications for appointment, as also conditions of service of" +"employees (both teaching and non-teaching), regulations to" +"prevent exploitation or oppression of employees, and regulations" +"prescribing syllabus and curriculum of study fall under this" +"category. Such regulations do not in any manner interfere with" +"the right under Article 30(1)." +"4. Subject to the eligibility conditions/ qualifications prescribed by" +"the State being met, the unaided minority educational institutions" +"will have the freedom to appoint teachers/lecturers by adopting" +"any rational procedure of selection." +"5. Extention of aid by the State, does not alter the nature and" +"character of the minority educational institutions. The conditions" +"can be imposed by the State to ensure proper utilization of the" +"aid, without however diluting or abridging the right under Article" +"30(1)." +" RIGHT TO CONSTITUTIONAL REMEDIES" +"A mere declaration of fundamental rights in the Constitution is" +"meaningless, useless and worthless without providing an effective" +"machinery for their enforcement, if and when they are violated. Hence," +"Article 32 confers the right to remedies for the enforcement of the" +"fundamental rights of an aggrieved citizen. In other words, the right to" +"get the Fundamental Rights protected is in itself a fundamental right." +"This makes the fundamental rights real. That is why Dr. Ambedkar" +"called Article 32 as the most important article of the Constitution–‘an" +"Article without which this constitution would be a nullity. It is the very" +"soul of the Constitution and the very heart of it’. The Supreme Court" +"has ruled that Article 32 is a basic feature of the Constitution. Hence, it" +"cannot be abridged or taken away even by way of an amendment to" +"the Constitution. It contains the following four provisions:" +"(a) The right to move the Supreme Court by appropriate" +"proceedings for the enforcement of the Fundamental Rights is" +"guaranteed." +"(b) The Supreme Court shall have power to issue directions or" +"orders or writs for the enforcement of any of the fundamental" +"rights. The writs issued may include habeas corpus, mandamus," +"prohibition, certiorari and quo-warranto." +"(c) Parliament can empower any other court to issue directions," +"orders and writs of all kinds. However, this can be done without" +"prejudice to the above powers conferred on the Supreme Court." +"Any other court here does not include high courts because Article" +"226 has already conferred these powers on the high courts." +"(d) The right to move the Supreme Court shall not be suspended" +"except as otherwise provided for by the Constitution. Thus the" +"Constitution provides that the President can suspend the right to" +"move any court for the enforcement of the fundamental rights" +"during a national emergency (Article 359)." +"It is thus clear that the Supreme Court has been constituted as the" +"defender and guarantor of the fundamental rights of the citizens. It has" +"been vested with the ‘original’ and ‘wide’ powers for that purpose." +"Original, because an aggrieved citizen can directly go to the Supreme" +"Court, not necessarily by way of appeal. Wide, because its power is" +"not restricted to issuing of orders or directions but also writs of all" +"kinds." +" The purpose of Article 32 is to provide a guaranteed, effective," +"expeditious, inexpensive and summary remedy for the protection of" +"the fundamental rights. Only the Fundamental Rights guaranteed by" +"the Constitution can be enforced under Article 32 and not any other" +"right like non-fundamental constitutional rights, statutory rights," +"customary rights and so on. The violation of a fundamental right is the" +"sine qua non for the exercise of the right conferred by Article 32. In" +"other words, the Supreme Court, under Article 32, cannot determine a" +"question that does not involve Fundamental Rights. Article 32 cannot" +"be invoked simply to determine the constitutionality of an executive" +"order or a legislation unless it directly infringes any of the fundamental" +"rights." +"In case of the enforcement of Fundamental Rights, the jurisdiction" +"of the Supreme Court is original but not exclusive. It is concurrent with" +"the jurisdiction of the high court under Article 226. It vests original" +"powers in the high court to issue directions, orders and writs of all" +"kinds for the enforcement of the Fundamental Rights. It means when" +"the Fundamental Rights of a citizen are violated, the aggrieved party" +"has the option of moving either the high court or the Supreme Court" +"directly." +"Since the right guaranteed by Article 32 (ie, the right to move the" +"Supreme Court where a fundamental right is infringed) is in itself a" +"fundamental right, the availability of alternate remedy is no bar to relief" +"under Article 32. However, the Supreme Court has ruled that where" +"relief through high court is available under Article 226, the aggrieved" +"party should first move the high court." +" WRITS–TYPES AND SCOPE" +"" +"The Supreme Court (under Article 32) and the high courts (under" +"Article 226) can issue the writs of habeas corpus, mandamus," +"prohibition, certiorari and quo-warranto. Further, the Parliament (under" +"Article 32) can empower any other court to issue these writs. Since no" +"such provision has been made so far, only the Supreme Court and the" +"high courts can issue the writs and not any other court. Before 1950," +"only the High Courts of Calcutta, Bombay and Madras had the power" +"to issue the writs. Article 226 now empowers all the high courts to" +"issue the writs." +"These writs are borrowed from English law where they are known" +"as ‘prerogative writs’. They are so called in England as they were" +"issued in the exercise of the prerogative of the King who was, and is" +"still, described as the ‘fountain of justice’. Later, the high court started" +"issuing these writs as extraordinary remedies to uphold the rights and" +"liberties of the British people." +"The writ jurisdiction of the Supreme Court differs from that of a high" +"court in three respects:" +"1. The Supreme Court can issue writs only for the enforcement of" +"fundamental rights whereas a high court can issue writs not only" +"for the enforcement of Fundamental Rights but also for any other" +"purpose. The expression ‘for any other purpose’ refers to the" +"enforcement of an ordinary legal right. Thus, the writ jurisdiction" +"of the Supreme Court, in this respect, is narrower than that of" +"high court." +"2. The Supreme Court can issue writs against a person or" +"government throughout the territory of India whereas a high" +"court can issue writs against a person residing or against a" +"government or authority located within its territorial jurisdiction" +"only or outside its territorial jurisdiction only if the cause of action" +"arises within its territorial jurisdiction.15 Thus, the territorial" +"jurisdiction of the Supreme Court for the purpose of issuing writs" +"is wider than that of a high court." +"3. A remedy under Article 32 is in itself a Fundamental Right and" +"hence, the Supreme Court may not refuse to exercise its writ" +"jurisdiction. On the other hand, a remedy under Article 226 is" +"discretionary and hence, a high court may refuse to exercise its" +"writ jurisdiction. Article 32 does not merely confer power on the" +" Supreme Court as Article 226 does on a high court to issue writs" +"for the enforcement of fundamental rights or other rights as part" +"of its general jurisdiction. The Supreme Court is thus constituted" +"as a defender and guarantor of the fundamental rights." +"Now, we will proceed to understand the meaning and scope of" +"different kinds of writs mentioned in Articles 32 and 226 of the" +"Constitution:" +"" +"Habeas Corpus" +"It is a Latin term which literally means ‘to have the body of’. It is an" +"order issued by the court to a person who has detained another" +"person, to produce the body of the latter before it. The court then" +"examines the cause and legality of detention. It would set the detained" +"person free, if the detention is found to be illegal. Thus, this writ is a" +"bulwark of individual liberty against arbitrary detention." +"The writ of habeas corpus can be issued against both public" +"authorities as well as private individuals. The writ, on the other hand," +"is not issued where the (a) detention is lawful, (b) the proceeding is for" +"contempt of a legislature or a court, (c) detention is by a competent" +"court, and (d) detention is outside the jurisdiction of the court." +"" +"Mandamus" +"It literally means ‘we command’. It is a command issued by the court" +"to a public official asking him to perform his official duties that he has" +"failed or refused to perform. It can also be issued against any public" +"body, a corporation, an inferior court, a tribunal or government for the" +"same purpose." +"The writ of mandamus cannot be issued (a) against a private" +"individual or body; (b) to enforce departmental instruction that does" +"not possess statutory force; (c) when the duty is discretionary and not" +"mandatory; (d) to enforce a contractual obligation; (e) against the" +"president of India or the state governors; and (f) against the chief" +"justice of a high court acting in judicial capacity." +"" +"Prohibition" +"Literally, it means ‘to forbid’. It is issued by a higher court to a lower" +"court or tribunal to prevent the latter from exceeding its jurisdiction or" +"usurping a jurisdiction that it does not possess. Thus, unlike" +"mandamus that directs activity, the prohibition directs inactivity." +" The writ of prohibition can be issued only against judicial and quasi-" +"judicial authorities. It is not available against administrative authorities," +"legislative bodies, and private individuals or bodies." +"" +"Certiorari" +"In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is" +"issued by a higher court to a lower court or tribunal either to transfer a" +"case pending with the latter to itself or to squash the order of the latter" +"in a case. It is issued on the grounds of excess of jurisdiction or lack of" +"jurisdiction or error of law. Thus, unlike prohibition, which is only" +"preventive, certiorari is both preventive as well as curative." +"Previously, the writ of certiorari could be issued only against judicial" +"and quasi-judicial authorities and not against administrative" +"authorities. However, in 1991, the Supreme Court ruled that the" +"certiorari can be issued even against administrative authorities" +"affecting rights of individuals." +"Like prohibition, certiorari is also not available against legislative" +"bodies and private individuals or bodies." +"" +"Quo-Warranto" +"In the literal sense, it means ‘by what authority or warrant’. It is issued" +"by the court to enquire into the legality of claim of a person to a public" +"office. Hence, it prevents illegal usurpation of public office by a" +"person." +"The writ can be issued only in case of a substantive public office of" +"a permanent character created by a statute or by the Constitution. It" +"cannot be issued in cases of ministerial office or private office." +"Unlike the other four writs, this can be sought by any interested" +"person and not necessarily by the aggrieved person." +" ARMED FORCES AND FUNDAMENTAL RIGHTS" +"Article 33 empowers the Parliament to restrict or abrogate the" +"fundamental rights of the members of armed forces, para-military" +"forces, police forces, intelligence agencies and analogous forces. The" +"objective of this provision is to ensure the proper discharge of their" +"duties and the maintenance of discipline among them." +"The power to make laws under Article 33 is conferred only on" +"Parliament and not on state legislatures. Any such law made by" +"Parliament cannot be challenged in any court on the ground of" +"contravention of any of the fundamental rights." +"Accordingly, the Parliament has enacted the Army Act (1950), the" +"Navy Act (1950), the Air Force Act (1950), the Police Forces" +"(Restriction of Rights) Act, 1966, the Border Security Force Act and so" +"on. These impose restrictions on their freedom of speech, right to form" +"associations, right to be members of trade unions or political" +"associations, right to communicate with the press, right to attend" +"public meetings or demonstrations, etc." +"" +"Table 7.3 Martial Law Vs National Emergency" +"Martial Law National Emergency" +"1. It affects only Fundamental 1. It affects not only" +"Rights. Fundamental Rights but also" +"Centre-state relations," +"distribution of revenues and" +"legislative powers between" +"centre and states and may" +"extend the tenure of the" +"Parliament." +"2. It suspends the government 2. It continues the government" +"and ordinary law courts. and ordinary law courts." +"3. It is imposed to restore the 3. I t can be imposed only on" +"breakdown of law and order three grounds–war, external" +"due to any reason. aggression or armed" +"rebellion." +"4. It is imposed in some specific 4. It is imposed either in the" +"area of the country. whole country or in any part" +" of it." +"5. I t has no specific provision in 5. I t has specific and detailed" +"the Constitution. It is implicit. provision in the Constitution." +"It is explicit." +"" +"The expression‘members of the armed forces’ also covers such" +"employees of the armed forces as barbers, carpenters, mechanics," +"cooks, chowkidars, bootmakers, tailors who are non-combatants." +"A parliamentary law enacted under Article 33 can also exclude the" +"court martial (tribunals established under the military law) from the writ" +"jurisdiction of the Supreme Court and the high courts, so far as the" +"enforcement of Fundamental Rights is concerned." +" MARTIAL LAW AND FUNDAMENTAL RIGHTS" +"" +"Article 34 provides for the restrictions on fundamental rights while" +"martial law is in force in any area within the territory of India. It" +"empowers the Parliament to indemnify any government servant or any" +"other person for any act done by him in connection with the" +"maintenance or restoration of order in any area where martial law was" +"in force. The Parliament can also validate any sentence passed," +"punishment inflicted, forfeiture ordered or other act done under martial" +"law in such area." +"The Act of Indemnity made by the Parliament cannot be challenged" +"in any court on the ground of contravention of any of the fundamental" +"rights." +"The concept of martial law has been borrowed in India from the" +"English common law. However, the expression ‘martial law’ has not" +"been defined anywhere in the Constitution. Literally, it means ‘military" +"rule’. It refers to a situation where civil administration is run by the" +"military authorities according to their own rules and regulations framed" +"outside the ordinary law. It thus imply the suspension of ordinary law" +"and the government by military tribunals. It is different from the military" +"law that is applicable to the armed forces." +"There is also no specific or express provision in the Constitution" +"that authorises the executive to declare martial law. However, it is" +"implicit in Article 34 under which martial law can be declared in any" +"area within the territory of India. The martial law is imposed under the" +"extraordinary circumstances like war, invasion, insurrection, rebellion," +"riot or any violent resistance to law. Its justification is to repel force by" +"force for maintaining or restoring order in the society." +"During the operation of martial law, the military authorities are" +"vested with abnormal powers to take all necessary steps. They" +"impose restrictions and regulations on the rights of the civilians, can" +"punish the civilians and even condemn them to death." +"The Supreme Court held that the declaration of martial law does" +"not ipso facto result in the suspension of the writ of habeas corpus." +"The declaration of a martial law under Article 34 is different from" +"the declaration of a national emergency under Article 352. The" +"differences between the two are summarised in Table 7.3." +" EFFECTING CERTAIN FUNDAMENTAL RIGHTS" +"" +"Article 35 lays down that the power to make laws, to give effect to" +"certain specified fundamental rights shall vest only in the Parliament" +"and not in the state legislatures. This provision ensures that there is" +"uniformity throughout India with regard to the nature of those" +"fundamental rights and punishment for their infringement. In this" +"direction, Article 35 contains the following provisions:" +"1. The Parliament shall have (and the legislature of a state shall not" +"have) power to make laws with respect to the following matters:" +"(a) Prescribing residence as a condition for certain employments or" +"appointments in a state or union territory or local authority or" +"other authority (Article 16)." +"(b) Empowering courts other than the Supreme Court and the high" +"courts to issue directions, orders and writs of all kinds for the" +"enforcement of fundamental rights (Article 32)." +"(c) Restricting or abrogating the application of Fundamental Rights" +"to members of armed forces, police forces, etc. (Article 33)." +"(d) Indemnifying any government servant or any other person for" +"any act done during the operation of martial law in any area" +"(Article 34)." +"2. Parliament shall have (and the legislature of a state shall not have)" +"powers to make laws for prescribing punishment for those acts that" +"are declared to be offences under the fundamental rights. These" +"include the following:" +"(a) Untouchability (Article 17)." +"(b) Traffic in human beings and forced labour (Article 23)." +"Further, the Parliament shall, after the commencement of the" +"Constitution, make laws for prescribing punishment for the above acts," +"thus making it obligatory on the part of the Parliament to enact such" +"laws." +"3. Any law in force at the commencement of the Constitution with" +"respect to any of the matters specified above is to continue in force" +"until altered or repealed or amended by the Parliament." +"It should be noted that Article 35 extends the competence of the" +"Parliament to make a law on the matters specified above, even though" +"some of those matters may fall within the sphere of the state" +"legislatures (i.e., State List)." +" PRESENT POSITION OF RIGHT TO PROPERTY" +"Originally, the right to property was one of the seven fundamental" +"rights under Part III of the Constitution. It was dealt by Article 19(1) (f)" +"and Article 31. Article 19(1)(f) guaranteed to every citizen the right to" +"acquire, hold and dispose of property. Article 31, on the other hand," +"guaranteed to every person, whether citizen or non-citizen, right" +"against deprivation of his property. It provided that no person shall be" +"deprived of his property except by authority of law. It empowered the" +"State to acquire or requisition the property of a person on two" +"conditions: (a) it should be for public purpose, and ( b) it should" +"provide for payment of compensation (amount) to the owner." +"Since the commencement of the Constitution, the Fundamental" +"Right to Property has been the most controversial. It has caused" +"confrontations between the Supreme Court and the Parliament. It has" +"led to a number of Constitutional amendments, that is, 1st, 4th, 7th," +"25th, 39th, 40th and 42nd Amendments. Through these amendments," +"Articles 31A, 31B and 31C have been added and modified from time" +"to time to nullify the effect of Supreme Court judgements and to" +"protect certain laws from being challenged on the grounds of" +"contravention of Fundamental Rights. Most of the litigation centred" +"around the obligation of the state to pay compensation for acquisition" +"or requisition of private property." +"Therefore, the 44th Amendment Act of 1978 abolished the right to" +"property as a Fundamental Right by repealing Article 19(1) (f) and" +"Article 31 from Part III. Instead, the Act inserted a new Article 300A in" +"Part XII under the heading ‘Right to Property’. It provides that no" +"person shall be deprived of his property except by authority of law." +"Thus, the right to property still remains a legal right or a constitutional" +"right, though no longer a fundamental right. It is not a part of the basic" +"structure of the Constitution." +"The right to property as a legal right (as distinct from the" +"Fundamental Rights) has the following implications:" +"(a) It can be regulated ie, curtailed, abridged or modified without" +"constitutional amend-ment by an ordinary law of the Parliament." +"(b) It protects private property against executive action but not" +"against legislative action." +"(c) In case of violation, the aggrieved person cannot directly move" +"the Supreme Court under Article 32 (right to constitutional" +" remedies including writs) for its enforcement. He can move the" +"High Court under Article 226." +"(d) No guaranteed right to compensation in case of acquisition or" +"requisition of the private property by the state." +"Though the Fundamental Right to Property under Part III has been" +"abolished, the Part III still carries two provisions which provide for the" +"guaranteed right to compensation in case of acquisition or requisition" +"of the private property by the state. These two cases where" +"compensation has to be paid are:" +"(a) When the State acquires the property of a minority educational" +"institution (Article 30); and" +"(b) When the State acquires the land held by a person under his" +"personal cultivation and the land is within the statutory ceiling" +"limits (Article 31 A)." +"The first provision was added by the 44th Amendment Act (1978)," +"while the second provision was added by the 17th Amendment Act" +"(1964)." +"Further, Articles 31A, 31B and 31C have been retained as" +"exceptions to the fundamental rights." +" EXCEPTIONS TO FUNDAMENTAL RIGHTS" +"" +"1. Saving of Laws Providing for Acquisition of Estates," +"etc." +"Article 31A16 saves five categories of laws from being challenged and" +"invalidated on the ground of contravention of the fundamental rights" +"conferred by Article 14 (equality before law and equal protection of" +"laws) and Article 19 (protection of six rights in respect of speech," +"assembly, movement, etc.). They are related to agricultural land" +"reforms, industry and commerce and include the following:" +"(a) Acquisition of estates17 and related rights by the State;" +"(b) Taking over the management of properties by the State;" +"(c) Amalgamation of corporations;" +"(d) Extinguishment or modification of rights of directors or" +"shareholders of corporations; and" +"(e) Extinguishment or modification of mining leases." +"Article 31A does not immunise a state law from judicial review" +"unless it has been reserved for the president’s consideration and has" +"received his assent." +"This Article also provides for the payment of compensation at" +"market value when the state acquires the land held by a person under" +"his personal cultivation and the land is within the statutory ceiling limit." +"" +"2. Validation of Certain Acts and Regulations" +"Article 31B saves the acts and regulations included in the Ninth" +"Schedule18 from being challenged and invalidated on the ground of" +"contravention of any of the fundamental rights. Thus, the scope of" +"Article 31B is wider than Article 31A. Article 31B immunises any law" +"included in the Ninth Schedule from all the fundamental rights whether" +"or not the law falls under any of the five categories specified in Article" +"31A." +"However, in a significant judgement delivered in I.R. Coelho" +"case18a (2007), the Supreme Court ruled that there could not be any" +"blanket immunity from judicial review of laws included in the Ninth" +"Schedule. The court held that judicial review is a ‘basic feature’ of the" +"constitution and it could not be taken away by putting a law under the" +"Ninth Schedule. It said that the laws placed under the Ninth Schedule" +" after April 24, 1973, are open to challenge in court if they violated" +"fundamentals rights guaranteed under Articles 14, 15, 19 and 21 or" +"the ‘basic structure’ of the constitution. It was on April 24, 1973, that" +"the Supreme Court first propounded the doctrine of ‘basic structure’ or" +"‘basic features’ of the constitution in its landmark verdict in the" +"Kesavananda Bharati Case.19" +"Originally (in 1951), the Ninth Schedule contained only 13 acts and" +"regulations but at present (in 2016) their number is 282.20 Of these," +"the acts and regulations of the state legislature deal with land reforms" +"and abolition of the zamindari system and that of the Parliament deal" +"with other matters." +"" +"3. Saving of Laws Giving Effect to Certain Directive" +"Principles" +"Article 31C, as inserted by the 25th Amendment Act of 1971," +"contained the following two provisions:" +"(a) No law that seeks to implement the socialistic directive principles" +"specified in Article 39(b)21 or (c)22 shall be void on the ground of" +"contravention of the fundamental rights conferred by Article 14" +"(equality before law and equal protection of laws) or Article 19" +"(protection of six rights in respect of speech, assembly," +"movement, etc.)" +"(b) No law containing a declaration that it is for giving effect to such" +"policy shall be questioned in any court on the ground that it does" +"not give effect to such a policy." +"In the Kesavananda Bharati case23 (1973), the Supreme Court" +"declared the above second provision of Article 31C as unconstitutional" +"and invalid on the ground that judicial review is a basic feature of the" +"Constitution and hence, cannot be taken away. However, the above" +"first provision of Article 31C was held to be constitutional and valid." +"The 42nd Amendment Act (1976) extended the scope of the above" +"first provision of Article 31C by including within its protection any law" +"to implement any of the directive principles specified in Part IV of the" +"Constitution and not merely in Article 39 (b) or (c). However, this" +"extention was declared as unconstitutional and invalid by the" +"Supreme Court in the Minerva Mills case24 (1980)." +" CRITICISM OF FUNDAMENTAL RIGHTS" +"The Fundamental Rights enshrined in Part III of the Constitution have" +"met with a wide and varied criticism. The arguments of the critics are:" +"" +"1. Excessive Limitations" +"They are subjected to innumerable exceptions, restrictions," +"qualifications and explanations. Hence, the critics remarked that the" +"Constitution grants Fundamental Rights with one hand and takes them" +"away with the other. Jaspat Roy Kapoor went to the extent of saying" +"that the chapter dealing with the fundamental rights should be" +"renamed as ‘Limitaions on Fundamental Rights’ or ‘Fundamental" +"Rights and Limitations Thereon’." +"" +"2. No Social and Economic Rights" +"The list is not comprehensive as it mainly consists of political rights. It" +"makes no provision for important social and economic rights like right" +"to social security, right to work, right to employment, right to rest and" +"leisure and so on. These rights are made available to the citizens of" +"advanced democratic countries. Also, the socialistic constitutions of" +"erstwhile USSR or China provided for such rights." +"" +"3. No Clarity" +"They are stated in a vague, indefinite and ambiguous manner. The" +"various phrases and words used in the chapter like ‘public order’," +"‘minorities’, ‘reasonable restriction’, ‘public interest’ and so on are not" +"clearly defined. The language used to describe them is very" +"complicated and beyond the comprehension of the common man. It is" +"alleged that the Constitution was made by the lawyers for the lawyers." +"Sir Ivor Jennings called the Constitution of India a ‘paradise for" +"lawyers’." +"" +"4. No Permanency" +"They are not sacrosanct or immutable as the Parliament can curtail or" +"abolish them, as for example, the abolition of the fundamental right to" +"property in 1978. Hence, they can become a play tool in the hands of" +"politicians having majority support in the Parliament. The judicially" +" innovated ‘doctrine of basic structure’ is the only limitation on the" +"authority of Parliament to curtail or abolish the fundamental right." +"" +"5. Suspension During Emergency" +"The suspension of their enforcement during the operation of National" +"Emergency (except Articles 20 and 21) is another blot on the efficacy" +"of these rights. This provision cuts at the roots of democratic system in" +"the country by placing the rights of the millions of innocent people in" +"continuous jeopardy. According to the critics, the Fundamental Rights" +"should be enjoyable in all situations–Emergency or no Emergency." +"" +"6. Expensive Remedy" +"The judiciary has been made responsible for defending and protecting" +"these rights against the interference of the legislatures and" +"executives. However, the judicial process is too expensive and hinders" +"the common man from getting his rights enforced through the courts." +"Hence, the critics say that the rights benefit mainly the rich section of" +"the Indian Society." +"" +"7. Preventive Detention" +"The critics assert that the provision for preventive detention (Article" +"22) takes away the spirit and substance of the chapter on fundamental" +"rights. It confers arbitrary powers on the State and negates individual" +"liberty. It justifies the criticism that the Constitution of India deals more" +"with the rights of the State against the individual than with the rights of" +"the individual against the State. Notably, no democratic country in the" +"world has made preventive detention as an integral part of their" +"Constitutions as has been made in India." +"" +"8. No Consistent Philosophy" +"According to some critics, the chapter on fundamental rights is not the" +"product of any philosophical principle. Sir Ivor Jennings expressed this" +"view when he said that the Fundamental Rights proclaimed by the" +"Indian Constitution are based on no consistent phi-losophy.25 The" +"critics say that this creates difficulty for the Supreme Court and the" +"high courts in interpreting the fundamental rights." +" SIGNIFICANCE OF FUNDAMENTAL RIGHTS" +"In spite of the above criticism and shortcomings, the Fundamental" +"Rights are significant in the following respects:" +"1. They constitute the bedrock of democratic system in the country." +"2. They provide necessary conditions for the material and moral" +"protection of man." +"3. They serve as a formidable bulwark of individual liberty." +"4. They facilitate the establishment of rule of law in the country." +"5. They protect the interests of minorities and weaker sections of" +"society." +"6. They strengthen the secular fabric of the Indian State." +"7. They check the absoluteness of the authority of the government." +"8. They lay down the foundation stone of social equality and social" +"justice." +"9. They ensure the dignity and respect of individuals." +"10. They facilitate the participation of people in the political and" +"administrative process." +" RIGHTS OUTSIDE PART III" +"" +"Besides the Fundamental Rights included in Part III, there are certain" +"other rights contained in other parts of the Constitution. These rights" +"are known as constitutional rights or legal rights or non-fundamental" +"rights. They are:" +"1. No tax shall be levied or collected except by authority of law" +"(Article 265 in Part XII)." +"2. No person shall be deprived of his property save by authority of" +"law (Article 300-A in Part XII)." +"3. Trade, commerce and intercourse throughout the territory of" +"India shall be free (Article 301 in Part XIII)." +"Even though the above rights are also equally justiciable, they are" +"different from the Fundamental Rights. In case of violation of a" +"Fundamental Right, the aggrieved person can directly move the" +"Supreme Court for its enforcement under Article 32, which is in itself a" +"fundamental right. But, in case of violation of the above rights, the" +"aggrieved person cannot avail this constitutional remedy. He can" +"move the High Court by an ordinary suit or under Article 226 (writ" +"jurisdiction of high court)." +"" +"Table 7.4 Articles Related to Fundamental Rights at a Glance" +"Article No. Subject Matter" +"General" +"12. Definition of State" +"13. Laws inconsistent with or in derogation of the" +"Fundamental Rights" +"Right to Equality" +"14. Equality before law" +"15. Prohibition of discrimination on grounds of religion," +"race, caste, sex or place of birth" +"16. Equality of opportunity in matters of public" +"employment" +"17. Abolition of untouchability" +"18. Abolition of titles" +" Right to Freedom" +"19. Protection of certain rights regarding freedom of" +"speech, etc." +"20. Protection in respect of conviction for offences" +"21. Protection of life and personal liberty" +"21A. Right to education" +"22. Protection against arrest and detention in certain" +"cases" +"Right against Exploitation" +"23. Prohibition of traffic in human beings and forced" +"labour" +"24. Prohibition of employment of children in factories," +"etc." +"Right to Freedom of Religion" +"25. Freedom of conscience and free profession," +"practice and propagation of religion" +"26. Freedom to manage religious affairs" +"27. Freedom as to payment of taxes for promotion of" +"any particular religion" +"28. Freedom as to attendance at religious instruction" +"or religious worship in certain educational" +"institutions." +"Cultural and Educational Rights" +"29. Protection of interests of minorities" +"30. Right of minorities to establish and administer" +"educational institutions" +"Right to Property (Repealed)" +"31. Compulsory acquisition of property–(Repealed)" +"Saving of Certain Laws" +"31A. Saving of laws providing for acquisition of estates," +"etc." +"31B. Validation of certain Acts and Regulations" +"31C. Saving of laws giving effect to certain directive" +" principles" +"31D. Saving of laws in respect of anti-national activities–" +"(Repealed)" +"Right to Constitutional Remedies" +"32. Remedies for enforcement of rights conferred by" +"this part" +"32A. Constitutional validity of State laws not to be" +"considered in proceedings under Article 32–" +"(Repealed)" +"33. Power of Parliament to modify the rights conferred" +"by this part in their application to forces, etc." +"34. Restriction on rights conferred by this part while" +"martial law is in force in any area" +"35. Legislation to give effect to the provisions of this" +"part" +"" +"" +"NOTES AND REFERENCES" +"1. ‘Magna Carta’ is the Charter of Rights issued by King John" +"of England in 1215 under pressure from the barons. This is" +"the first written document relating to the Fundamental Rights" +"of citizens." +"2. Kesavananda Bharati vs. State of Kerala, (1973)." +"3. Dicey observe: “No man is above the law, but every man," +"whatever be his rank or condition, is subject to the ordinary" +"law of the realm and amenable to the jurisdiction of the" +"ordinary tribunals. Every official from the Prime Minister" +"down to a constable or a collector of taxes, is under the" +"same responsibility for every act done without legal" +"justification as any other citizen”. (A.V. Dicey, Introduction to" +"the Study of the Law of the Constitution, Macmillan, 1931" +"Edition P. 183–191)." +"4. This second provision was added by the first Amendment" +"Act of 1951." +"5. By virtue of Article 371D inserted by the 32nd Amendment" +"Act of 1973." +"5a. Article 371D has been extended to the state of Telangana" +"by the Andhra Pradesh Reorganisation Act, 2014." +" 6. The first Backward Classes Commission was appointed in" +"1953 under the chairmanship of Kaka Kalelkar. It submitted" +"its report in 1955." +"7. In 1963, the Supreme Court ruled that more than 50%" +"reservation of jobs in a single year would be" +"unconstitutional." +"8. Indra Sawhney v. Union of India, (1992)." +"9. The Tamil Nadu Backward Classes, Scheduled Castes and" +"Scheduled Tribes (Reservation of seats in educational" +"institutions and of appointments or posts in the services" +"under the state) Act, 1994." +"10. Balaji Raghavan v. Union of India, (1996)." +"10a. The provision for “co-operative societies” was made by the" +"97th Constitutional Amendment Act of 2011." +"10b. Ibid." +"11. A K Gopalan v. State of Madras, (1950)." +"12. Menaka Gandhi v. Union of India, (1978)." +"12a. The Constitution (Eighty-sixth amendment) Act, 2002 and" +"the Right of Children to Free and Compulsory Education" +"Act, 2009 have come into force w.e.f. 1 April 2010." +"13. Originally known as the Suppression of Immoral Traffic in" +"Women and Girls Act, 1956." +"14. In this clause, the reference to Hindus shall be construed as" +"including a reference to persons professing the Sikh, Jaina" +"and Buddhist religion and the reference to Hindu religious" +"institutions shall be construed accordingly (Article 25)." +"14a. Secretary of the Malankara Syrian Catholic College vs. T." +"Jose (2007)." +"15. The second provision was added by the 15th Constitutional" +"Amendment Act of 1963." +"16. Added by the 1st Constitutional Amendment Act of 1951" +"and amended by the 4th, 17th and 44th Amendments." +"17. The expression ‘estate’ includes any jagir, inam, muafi or" +"other similar grant, any janmam right in Tamil Nadu and" +"Kerala and any land held for agricultural purposes." +"18. Article 31B along with the Ninth Schedule was added by the" +"1st Constitutional Amendment Act of 1951." +"18a. I.R. Coelho vs. State of Tamil Nadu (2007)." +"19. Kesavananda Bharati v. State of Kerala, (1973)." +" 20. Though the last entry is numbered 284, the actual total" +"number is 282. This is because, the three entries (87, 92" +"and 130) have been deleted and one entry is numbered as" +"257A." +"21. Article 39 (b) says–The State shall direct its policy towards" +"securing that the ownership and control of the material" +"resources of the community are so distributed as best to" +"subserve the common good." +"22. Article 39 (c) says–The state shall direct its policy towards" +"securing that the operation of the economic system does" +"not result in the concentration of wealth and means of" +"production to the common detriment." +"23. Kesavananda Bharati v. State of Kerala, (1973)." +"24. Minerva Mills v. Union of India, (1980)." +"25. Sir Ivor Jennings wrote: ‘A thread of nineteenth century" +"liberalism runs through it; there are consequences of the" +"political problems of Britain in it; there are relics of the bitter" +"experience in opposition to British rule; and there is" +"evidence of a desire to reform some of the social institutions" +"which time and circumstances have developed in India. The" +"result is a series of complex formulae, in twenty-four" +"articles, some of them lengthy, which must become the" +"basis of a vast and complicated case law’." +" 8 Directive Principles of State Policy" +"" +"" +"" +"" +"T" +"he Directive Principles of State Policy are enumerated in" +"Part IV of the Constitution from Articles 36 to 511. The" +"framers of the Constitution borrowed this idea from the Irish" +"Constitution of 1937, which had copied it from the Spanish" +"Constitution. Dr. B.R. Ambedkar described these principles as" +"‘novel features’ of the Indian Constitution. The Directive Principles" +"along with the Fundamental Rights contain the philosophy of the" +"Constitution and is the soul of the Constitution. Granville Austin" +"has described the Directive Principles and the Fundamental" +"Rights as the ‘Conscience of the Constitution’2 ." +" FEATURES OF THE DIRECTIVE PRINCIPLES" +"" +"1. The phrase ‘Directive Principles of State Policy’ denotes the" +"ideals that the State should keep in mind while formulating" +"policies and enacting laws. These are the constitutional" +"instructions or recommendations to the State in legislative," +"executive and administrative matters. According to Article" +"36, the term ‘State’ in Part IV has the same meaning as in" +"Part III dealing with Fundamental Rights. Therefore, it" +"includes the legislative and executive organs of the central" +"and state governments, all local authorities and all other" +"public authorities in the country." +"2. The Directive Principles resemble the ‘Instrument of" +"Instructions’ enumerated in the Government of India Act of" +"1935. In the words of Dr. B.R. Ambedkar, ‘the Directive" +"Principles are like the instrument of instructions, which were" +"issued to the Governor-General and to the Governors of the" +"colonies of India by the British Government under the" +"Government of India Act of 1935. What is called Directive" +"Principles is merely another name for the instrument of" +"instructions. The only difference is that they are instructions" +"to the legislature and the executive’." +"3. The Directive Principles constitute a very comprehensive" +"economic, social and political programme for a modern" +"democratic State. They aim at realising the high ideals of" +"justice, liberty, equality and fraternity as outlined in the" +"Preamble to the Constitution. They embody the concept of a" +"‘welfare state’ and not that of a ‘police state’, which existed" +"during the colonial era3. In brief, they seek to establish" +"economic and social democracy in the country." +"4. The Directive Principles are non-justiciable in nature, that is," +"they are not legally enforceable by the courts for their" +"violation. Therefore, the government (Central, state and" +"local) cannot be compelled to implement them." +"Nevertheless, the Constitution (Article 37) itself says that" +"these principles are fundamental in the governance of the" +" country and it shall be the duty of the State to apply these" +"principles in making laws." +"5. The Directive Principles, though non-justiciable in nature," +"help the courts in examining and determining the" +"constitutional validity of a law. The Supreme Court has ruled" +"many a times that in determining the constitutionality of any" +"law, if a court finds that the law in question seeks to give" +"effect to a Directive Principle, it may consider such law to be" +"‘reasonable’ in relation to Article 14 (equality before law) or" +"Article 19 (six freedoms) and thus save such law from" +"unconstitutionality." +" CLASSIFICATION OF THE DIRECTIVE PRINCIPLES" +"" +"The Constitution does not contain any classification of Directive" +"Principles. However, on the basis of their content and direction," +"they can be classified into three broad categories, viz, socialistic," +"Gandhian and liberal-intellectual." +"" +"Socialistic Principles" +"These principles reflect the ideology of socialism. They lay down" +"the framework of a democratic socialist state, aim at providing" +"social and economic justice, and set the path towards welfare" +"state. They direct the state:" +"1. To promote the welfare of the people by securing a social" +"order permeated by justice–social, economic and politi-cal–" +"and to minimise inequalities in income, status, facilities and" +"opportuni-ties4 (Article 38)." +"2. To secure (a) the right to adequate means of livelihood for all" +"citizens; (b) the equitable distribution of material resources" +"of the community for the common good; (c) prevention of" +"concentration of wealth and means of production; (d) equal" +"pay for equal work for men and women; (e) preservation of" +"the health and strength of workers and children against" +"forcible abuse; and (f) opportunities for healthy development" +"of children5 (Article 39)." +"3. To promote equal justice and to provide free legal aid to the" +"poor6 (Article 39 A)." +"4. To secure the right to work, to education and to public" +"assistance in cases of unemployment, old age, sickness and" +"disablement (Article 41)." +"5. To make provision for just and humane conditions of work" +"and maternity relief (Article 42)." +"6. To secure a living wage7 , a decent standard of life and" +"social and cultural opportunities for all workers (Article 43)." +"7. To take steps to secure the participation of workers in the" +"management of indus-tries8 (Article 43 A)." +" 8. To raise the level of nutrition and the standard of living of" +"people and to improve public health (Article 47)." +"" +"Gandhian Principles" +"These principles are based on Gandhian ideology. They represent" +"the programme of reconstruction enunciated by Gandhi during the" +"national movement. In order to fulfil the dreams of Gandhi, some" +"of his ideas were included as Directive Principles. They require" +"the State:" +"1. To organise village panchayats and endow them with" +"necessary powers and authority to enable them to function" +"as units of self-government (Article 40)." +"2. To promote cottage industries on an individual or co-" +"operation basis in rural areas (Article 43)." +"3. To promote voluntary formation, autonomous functioning," +"democratic control and professional management of" +"cooperative societies8a (Article 43B)." +"4. To promote the educational and economic interests of SCs," +"STs, and other weaker sections of the society and to protect" +"them from social injustice and exploitation (Article 46)." +"5. To prohibit the consumption of intoxicating drinks and drugs" +"which are injurious to health (Article 47)." +"6. To prohibit the slaughter of cows, calves and other milch and" +"draught cattle and to improve their breeds (Article 48)." +"" +"Liberal-Intellectual Principles" +"The principles included in this category represent the ideology of" +"liberalism. They direct the state:" +"1. To secure for all citizens a uniform civil code throughout the" +"country (Article 44)." +"2. To provide early childhood care and education for all" +"children until they complete the age of six years9 (Article 45)." +"3. To organise agriculture and animal husbandry on modern" +"and scientific lines (Article 48)." +"4. To protect and improve the environment and to safeguard" +"forests and wild life10 (Article 48 A)." +" 5. To protect monuments, places and objects of artistic or" +"historic interest which are declared to be of national" +"importance (Article 49)." +"6. To separate the judiciary from the executive in the public" +"services of the State (Article 50)." +"7. To promote international peace and security and maintain" +"just and honourable relations between nations; to foster" +"respect for international law and treaty obligations, and to" +"encourage settlement of international disputes by arbitration" +"(Article 51)." +" NEW DIRECTIVE PRINCIPLES" +"" +"The 42nd Amendment Act of 1976 added four new Directive" +"Principles to the original list. They require the State:" +"1. To secure opportunities for healthy development of children" +"(Article 39)." +"2. To promote equal justice and to provide free legal aid to the" +"poor (Article 39 A)." +"3. To take steps to secure the participation of workers in the" +"management of industries (Article 43 A)." +"4. To protect and improve the environment and to safeguard" +"forests and wild life (Article 48 A)." +"The 44th Amendment Act of 1978 added one more Directive" +"Principle, which requires the State to minimise inequalities in" +"income, status, facilities and opportunities (Article 38)." +"The 86th Amendment Act of 2002 changed the subject-matter" +"of Article 45 and made elementary education a fundamental right" +"under Article 21 A. The amended directive requires the State to" +"provide early childhood care and education for all children until" +"they complete the age of six years." +"The 97th Amendment Act of 2011 added a new Directive" +"Principle relating to cooperative societies. It requires the state to" +"promote voluntary formation, autonomous functioning, democratic" +"control and professional management of co-operative societies" +"(Article 43B)." +" SANCTION BEHIND DIRECTIVE PRINCIPLES" +"" +"Sir B.N. Rau, the Constitutional Advisor to the Constituent" +"Assembly, recommended that the rights of an individual should be" +"divided into two categories–justiciable and non-justiciable, which" +"was accepted by the Drafting Committee. Consequently, the" +"Fundamental Rights, which are justiciable in nature, are" +"incorporated in Part III and the Directive Principles, which are non-" +"justiciable in nature, are incorporated in Part IV of the" +"Constitution." +"Though the Directive Principles are non-justiciable, the" +"Constitution (Article 37) makes it clear that ‘these principles are" +"fundamental in the governance of the country and it shall be the" +"duty of the state to apply these principles in making laws’. Thus," +"they impose a moral obligation on the state authorities for their" +"application, but the real force behind them is political, that is," +"public opinion. As observed by Alladi Krishna Swamy Ayyar, ‘no" +"ministry responsible to the people can afford light-heartedly to" +"ignore the provisions in Part IV of the Constitution’. Similarly, Dr." +"B.R. Ambedkar said in the Constituent Assembly that ‘a" +"government which rests on popular vote can hardly ignore the" +"Directive Principles while shaping its policy. If any government" +"ignores them, it will certainly have to answer for that before the" +"electorate at the election time’11 ." +"The framers of the Constitution made the Directive Principles" +"non-justiciable and legally non-enforceable because:" +"1. The country did not possess sufficient financial resources to" +"implement them." +"2. The presence of vast diversity and backwardness in the" +"country would stand in the way of their implementation." +"3. The newly born independent Indian State with its many" +"preoccupations might be crushed under the burden unless it" +"was free to decide the order, the time, the place and the" +"mode of fulfilling them." +"‘The Constitution makers, therefore, taking a pragmatic view," +"refrained from giving teeth to these principles. They believed more" +" in an awakened public opinion rather than in court procedures as" +"the ultimate sanction for the fulfilment of these principles’12 ." +" CRITICISM OF THE DIRECTIVE PRINCIPLES" +"" +"The Directive Principles of State Policy have been criticised by" +"some members of the Constituent Assembly as well as other" +"constitutional and political experts on the following grounds:" +"" +"1. No Legal Force" +"The Directives have been criticised mainly because of their non-" +"justiciable character. While K.T. Shah dubbed them as ‘pious" +"superfluities’ and compared them with ‘a cheque on a bank," +"payable only when the resources of the bank permit’13 ," +"Nasiruddin contended that these principles are ‘no better than the" +"new year’s resolutions, which are broken on the second of" +"January’. Even as T.T. Krishnamachari described the Directives as" +"‘a veritable dustbin of sentiments’, K C Wheare called them as a" +"‘manifesto of aims and aspirations’ and opined that they serve as" +"mere ‘moral homily’, and Sir Ivor Jennings thought they are only" +"as ‘pious aspirations’." +"" +"2. Illogically Arranged" +"Critics opine that the Directives are not arranged in a logical" +"manner based on a consistent philosophy. According to N" +"Srinivasan, ‘the Directives are neither properly classified nor" +"logically arranged. The declaration mixes up relatively unimportant" +"issues with the most vital economic and social questions. It" +"combines rather incongruously the modern with the old and" +"provisions suggested by the reason and science with provisions" +"based purely on sentiment and prejudice’14. Sir Ivor Jennings too" +"pointed out that these principles have no consistent philosophy." +"" +"3. Conservative" +"According to Sir Ivor Jennings, the Directives are based on the" +"political philosophy of the 19th century England. He remarked:" +"‘The ghosts of Sydney Webb and Beatrice Webb stalk through the" +"pages of the text. Part IV of the Constitution expresses Fabian" +" Socialism without the socialism’. He opined that the Directives ‘are" +"deemed to be suitable in India in the middle of the twentieth" +"century. The question whether they are suitable for the twenty-first" +"century cannot be answered; but it is quite probable that they will" +"be entirely out moded.15" +"" +"4. Constitutional Conflict" +"K Santhanam has pointed out that the Directives lead to a" +"constitutional conflict (a) between the Centre and the states, (b)" +"between the President and the Prime Minister, and (c) between" +"the governor and the chief minister. According to him, the Centre" +"can give directions to the states with regard to the implementation" +"of these principles, and in case of non-compliance, can dismiss" +"the state government. Similarly, when the Prime Minister gets a" +"bill (which violates the Directive Principles) passed by the" +"Parliament, the president may reject the bill on the ground that" +"these principles are fundamental to the governance of the country" +"and hence, the ministry has no right to ignore them. The same" +"constitutional conflict may occur between the governor and the" +"chief minister at the state level." +" UTILITY OF DIRECTIVE PRINCIPLES" +"" +"In spite of the above criticisms and shortcomings, the Directive" +"Principles are not an unnecessary appendage to the Constitution." +"The Constitution itself declares that they are fundamental to the" +"governance of the country. According to L.M. Singhvi, an eminent" +"jurist and diplomat, ‘the Directives are the life giving provisions of" +"the Constitution. They constitute the stuff of the Constitution and" +"its philosophy of social justice’16. M.C. Chagla, former Chief" +"Justice of India, is of the opinion that, ‘if all these principles are" +"fully carried out, our country would indeed be a heaven on earth." +"India would then be not only democracy in the political sense, but" +"also a welfare state looking after the welfare of its citizens’17. Dr." +"B.R. Ambedkar had pointed out that the Directives have great" +"value because they lay down that the goal of Indian polity is" +"‘economic democracy’ as distinguished from ‘political democracy’." +"Granville Austin opined that the Directive Principles are ‘aimed at" +"furthering the goals of the social revolution or to foster this" +"revolution by establishing the conditions necessary for its" +"achivement’18. Sir B.N. Rau, the constitutional advisor to the" +"Constituent Assembly, stated that the Directive Principles are" +"intended as ‘moral precepts for the authorities of the state. They" +"have at least an educative value.’" +"According to M.C. Setalvad, the former Attorney General of" +"India, the Directive Principles, although confer no legal rights and" +"create no legal remedies, are significant and useful in the" +"following ways:" +"1. They are like an ‘Instrument of Instructions’ or general" +"recommendations addressed to all authorities in the Indian" +"Union. They remind them of the basic principles of the new" +"social and economic order, which the Constitution aims at" +"building." +"2. They have served as useful beacon-lights to the courts." +"They have helped the courts in exercising their power of" +"judicial review, that is, the power to determine the" +"constitutional validity of a law." +" 3. They form the dominating background to all State action," +"legislative or executive and also a guide to the courts in" +"some respects." +"4. They amplify the Preamble, which solemnly resolves to" +"secure to all citizens of India justice, liberty, equality and" +"fraternity." +"The Directives also play the following roles:" +"1. They facilitate stability and continuity in domestic and foreign" +"policies in political, economic and social spheres in spite of" +"the changes of the party in power." +"2. They are supplementary to the fundamental rights of the" +"citizens. They are intended to fill in the vacuum in Part III by" +"providing for social and economic rights." +"3. Their implementation creates a favourable atmosphere for" +"the full and proper enjoyment of the fundamental rights by" +"the citizens. Political democracy, without economic" +"democracy, has no meaning." +"4. They enable the opposition to exercise influence and control" +"over the operations of the government. The Opposition can" +"blame the ruling party on the ground that its activities are" +"opposed to the Directives." +"5. They serve as a crucial test for the performance of the" +"government. The people can examine the policies and" +"programmes of the government in the light of these" +"constitutional declarations." +"6. They serve as common political manifesto. ‘A ruling party," +"irrespective of its political ideology, has to recognise the fact" +"that these principles are intended to be its guide," +"philosopher and friend in its legislative and executive acts’19" +"." +" CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND" +"DIRECTIVE PRINCIPLES" +"" +"The justiciability of Fundamental Rights and non-justiciability of" +"Directive Principles on the one hand and the moral obligation of" +"State to implement Directive Principles (Article 37) on the other" +"hand have led to a conflict between the two since the" +"commencement of the Constitution. In the Champakam Dorairajan" +"case20 (1951), the Supreme Court ruled that in case of any" +"conflict between the Fundamental Rights and the Directive" +"Principles, the former would prevail. It declared that the Directive" +"Principles have to conform to and run as subsidiary to the" +"Fundamental Rights. But, it also held that the Fundamental Rights" +"could be amended by the Parliament by enacting constitutional" +"amendment acts. As a result, the Parliament made the First" +"Amendment Act (1951), the Fourth Amendment Act (1955) and" +"the Seventeenth Amendment Act (1964) to implement some of the" +"Directives." +"The above situation underwent a major change in 1967" +"following the Supreme Court’s judgement in the Golaknath case21" +"(1967). In that case, the Supreme Court ruled that the Parliament" +"cannot take away or abridge any of the Fundamental Rights," +"which are ‘sacrosanct’ in nature. In other words, the Court held" +"that the Fundamental Rights cannot be amended for the" +"implementation of the Directive Principles." +"The Parliament reacted to the Supreme Court’s judgement in" +"the Golaknath Case (1967) by enacting the 24th Amendment Act" +"(1971) and the 25th Amendment Act (1971). The 24th" +"Amendment Act declared that the Parliament has the power to" +"abridge or take away any of the Fundamental Rights by enacting" +"Constitutional Amendment Acts. The 25th Amendment Act" +"inserted a new Article 31C which contained the following two" +"provisions:" +"1. No law which seeks to implement the socialistic Directive" +"Principles specified in Article 39 (b)22 and (c)23 shall be void" +"on the ground of contravention of the Fundamental Rights" +"conferred by Article 14 (equality before law and equal" +" protection of laws), Article 19 (protection of six rights in" +"respect of speech, assembly, movement, etc) or Article 31" +"(right to property)." +"2. No law containing a declaration for giving effect to such" +"policy shall be questioned in any court on the ground that it" +"does not give effect to such a policy." +"In the Kesavananda Bharati case24 (1973), the Supreme Court" +"declared the above second provision of Article 31C as" +"unconstitutional and invalid on the ground that judicial review is a" +"basic feature of the Constitution and hence, cannot be taken" +"away. However, the above first provision of Article 31C was held" +"to be constitutional and valid." +"" +"Table 8.1 Distinction Between Fundamental Rights and Directive" +"Principles" +"Fundamental Rights Directive Principles" +"1. These are negative as they 1. These are positive as they" +"prohibit the State from require the State to do" +"doing certain things. certain things." +"2. These are justiciable, that 2. These are non-justiciable," +"is, they are legally that is, they are not legally" +"enforceable by the courts in enforceable by the courts" +"case of their violation. for their violation." +"3. They aim at establishing 3. They aim at establishing" +"political democracy in the social and economic" +"country. democracy in the country." +"4. These have legal 4. These have moral and" +"sanctions. political sanctions." +"5. They promote the welfare 5. They promote the welfare" +"of the individual. Hence, of the community. Hence," +"they are personal and they are societarian and" +"individualistic. socialistic." +"6. They do not require any 6. They require legislation for" +"legislation for their their implementation. They" +" implementation. They are are not automatically" +"automatically enforced. enforced." +"7. The courts are bound to 7. The courts cannot declare" +"declare a law violative of a law violative of any of the" +"any of the Fundamental Directive Principles as" +"Rights as unconstitutional unconstitutional and invalid." +"and invalid. However, they can uphold" +"the validity of a law on the" +"ground that it was enacted" +"to give effect to a directive." +"" +"Later, the 42nd Amendment Act (1976) extended the scope of" +"the above first provision of Article 31C by including within its" +"protection any law to implement any of the Directive Principles" +"and not merely those specified in Article 39 (b) and (c). In other" +"words, the 42nd Amendment Act accorded the position of legal" +"primacy and supremacy to the Directive Principles over the" +"Fundamental Rights conferred by Articles 14, 19 and 31." +"However, this extension was declared as unconstitutional and" +"invalid by the Supreme Court in the Minerva Mills case25 (1980). It" +"means that the Directive Principles were once again made" +"subordinate to the Fundamental Rights. But the Fundamental" +"Rights conferred by Article 14 and Article 19 were accepted as" +"subordinate to the Directive Principles specified in Article 39 (b)" +"and (c). Further, Article 31 (right to property) was abolished by the" +"44th Amendment Act (1978)." +"In the Minerva Mills case (1980), the Supreme Court also held" +"that ‘the Indian Constitution is founded on the bedrock of the" +"balance between the Fundamental Rights and the Directive" +"Principles. They together constitute the core of commitment to" +"social revolution. They are like two wheels of a chariot, one no" +"less than the other. To give absolute primacy to one over the other" +"is to disturb the harmony of the Constitution. This harmony and" +"balance between the two is an essential feature of the basic" +"structure of the Constitution. The goals set out by the Directive" +"Principles have to be achieved without the abrogation of the" +"means provided by the Fundamental Rights’." +" Therefore, the present position is that the Fundamental Rights" +"enjoy supremacy over the Directive Principles. Yet, this does not" +"mean that the Directive Principles cannot be implemented. The" +"Parliament can amend the Fundamental Rights for implementing" +"the Directive Principles, so long as the amendment does not" +"damage or destroy the basic structure of the Constitution." +" IMPLEMENTATION OF DIRECTIVE PRINCIPLES" +"" +"Since 1950, the successive governments at the Centre and in the" +"states have made several laws and formulated various" +"programmes for implementing the Directive Principles. These are" +"mentioned below:" +"1. The Planning Commission was established in 1950 to take" +"up the development of the country in a planned manner. The" +"successive Five Year Plans aimed at securing socio-" +"economic justice and reducing inequalities of income, status" +"and opportunities. In 2015, the Planning Commission was" +"replaced by a new body called NITI Aayog (National" +"Institution for Transforming India)." +"2. Almost all the states have passed land reform laws to bring" +"changes in the agrarian society and to improve the" +"conditions of the rural masses. These measures include (a)" +"abolition of intermediaries like zamindars, jagirdars," +"inamdars, etc; (b) tenancy reforms like security of tenure, fair" +"rents, etc; (c) imposition of ceilings on land holdings; (d)" +"distribution of surplus land among the landless labourers;" +"and (e) cooperative farming." +"3. The Minimum Wages Act (1948), the Payment of Wages Act" +"(1936), the Payment of Bonus Act (1965), the Contract" +"Labour Regulation and Abolition Act (1970), the Child" +"Labour Prohibition and Regulation Act (1986), the Bonded" +"Labour System Abolition Act (1976), the Trade Unions Act" +"(1926), the Factories Act (1948), the Mines Act (1952), the" +"Industrial Disputes Act (1947), the Workmen’s" +"Compensation Act (1923) and so on have been enacted to" +"protect the interests of the labour sections. In 2006, the" +"government banned the child labour. In 2016, the Child" +"Labour Prohibition and Regulation Act (1986) was renamed" +"as the Child and Adolescent Labour Prohibition and" +"Regulation Act, 1986." +"4. The Maternity Benefit Act (1961) and the Equal" +"Remuneration Act (1976) have been made to protect the" +"interests of women workers." +" 5. Various measures have been taken to utilise the financial" +"resources for promoting the common good.These include" +"nationalisation of life insurance (1956), the nationalisation of" +"fourteen leading commercial banks (1969), nationalisation of" +"general insurance (1971), abolition of Privy Purses (1971)" +"and so on." +"6. The Legal Services Authorities Act (1987) has established a" +"nation-wide network to provide free and competent legal aid" +"to the poor and to organise lok adalat for promoting equal" +"justice. Lok adalat is a statutory forum for conciliatory" +"settlement of legal disputes. It has been given the status of a" +"civil court. Its awards are enforceable, binding on the parties" +"and final as no appeal lies before any court against them." +"7. Khadi and Village Industries Board, Khadi and Village" +"Industries Commission, Small-Scale Industries Board," +"National Small Industries Corporation, Handloom Board," +"Handicrafts Board, Coir Board, Silk Board and so on have" +"been set up for the development of cottage industries in rural" +"areas." +"8. The Community Development Programme (1952), Hill Area" +"Development Programme (1960), Drought-Prone Area" +"Programme (1973), Minimum Needs Programme (1974)," +"Integrated Rural Development Programme (1978), Jawahar" +"Rozgar Yojana (1989), Swarnajayanti Gram Swarozgar" +"Yojana (1999), Sampoorna Grameena Rozgar Yojana" +"(2001), National Rural Employment Guarantee Programme" +"(2006) and so on have been launched for raising the" +"standard of living of people." +"9. The Wildlife (Protection) Act, 1972 and the Forest" +"(Conservation) Act, 1980, have been enacted to safeguard" +"the wildlife and the forests respectively. Further, the Water" +"and Air Acts have provided for the establishment of the" +"Central and State Pollution Control Boards, which are" +"engaged in the protection and improvement of environment." +"The National Forest Policy (1988) aims at the protection," +"conservation and development of forests." +"10. Agriculture has been modernised by providing improved" +"agricultural inputs, seeds, fertilisers and irrigation facilities." +" Various steps have also been taken to organise animal" +"husbandry on modern and scientific lines." +"11. Three-tier panchayati raj system (at village, taluka and zila" +"levels) has been introduced to translate into reality" +"Gandhiji’s dream of every village being a republic. The 73rd" +"Amendment Act (1992) has been enacted to provide" +"constitutional status and protection to these panchayati raj" +"institutions." +"12. Seats are reserved for SCs, STs and other weaker sections" +"in educational institutions, government services and" +"representative bodies. The Untouchability (Offences) Act," +"1955, which was renamed as the Protection of Civil Rights" +"Act in 1976 and the Scheduled Castes and Scheduled" +"Tribes (Prevention of Atrocities) Act, 1989, have been" +"enacted to protect the SCs and STs from social injustice and" +"exploitation. The 65th Constitutional Amendment Act of 1990" +"established the National Commission for Scheduled Castes" +"and Scheduled Tribes to protect the interests of SCs and" +"STs. Later, the 89th Constitutional Amendment Act of 2003" +"bifurcated this combined commission into two separate" +"bodies, namely, National Commission for Schedule Castes" +"and National Commission for Schedule Tribes." +"12a. Various national-level commissions have been established" +"to promote and protect the social, educational and economic" +"interests of the weaker sections of the society. These include" +"the National Commission for Backward Classes (1993), the" +"National Commission for Minorities (1993), the National" +"Commission for Women (1992) and the National" +"Commission for Protection of Child Rights (2007). Further," +"the 102nd Amendment Act of 2018 conferred a constitutional" +"status on the National Commission for Backward Classes" +"and also enlarged its functions." +"12b. In 2019, the central government issued orders providing" +"10% reservation to the Economically Weaker Sections" +"(EWSs) in admission to educational institutions and civil" +"posts and services in the Government of India. The benefit" +"of this reservation can be availed by the persons belonging" +"to EWSs who are not covered under any of the existing" +" schemes of reservations for SCs, STs and OBCs. This" +"reservation was facilitated by the 103rd Amendment Act of" +"2019" +"13. The Criminal Procedure Code (1973) separated the judiciary" +"from the executive in the public services of the state. Prior to" +"this separation, the district authorities like the collector, the" +"sub-divisional officer, the tehsildar and so on used to" +"exercise judicial powers along with the traditional executive" +"powers. After the separation, the judicial powers were taken" +"away from these executive authorities and vested in the" +"hands of district judicial magistrates who work under the" +"direct control of the state high court." +"14. The Ancient and Historical Monument and Archaeological" +"Sites and Remains Act (1951) has been enacted to protect" +"the monuments, places and objects of national importance." +"15. Primary health centres and hospitals have been established" +"throughout the country to improve the public health. Also," +"special programmes have been launched to eradicate" +"widespread diseases like malaria, TB, leprosy, AIDS, cancer," +"filaria, kala-azar, guineaworm, yaws, Japanese encephalitis" +"and so on." +"16. Laws to prohibit the slaughter of cows, calves, and bullocks" +"have been enacted in some states." +"17. Some states have initiated the old age pension schemes for" +"people above 65 years." +"18. India has been following the policy of non-alignment and" +"panchsheel to promote international peace and security." +"In spite of the above steps by the Central and state" +"governments, the Directive Principles have not been implemented" +"fully and effectively due to several reasons like inadequate" +"financial resources, unfavourable socio-economic conditions," +"population explosion, strained Centre-state relations and so on." +" DIRECTIVES OUTSIDE PART IV" +"Apart from the Directives included in Part IV, there are some other" +"Directives contained in other Parts of the Constitution. They are:" +"1. Claims of SCs and STs to Services: The claims of the" +"members of the Scheduled Castes and the Scheduled" +"Tribes shall be taken into consideration, consistently with the" +"maintenance of efficiency of administration, in the making of" +"appointments to services and posts in connection with the" +"affairs of the Union or a State (Article 335 in Part XVI)." +"2. Instruction in mother tongue: It shall be the endeavour of" +"every state and every local authority within the state to" +"provide adequate facilities for instruction in the mother-" +"tongue at the primary stage of education to children" +"belonging to linguistic minority groups (Article 350-A in Part" +"XVII)." +"3. Development of the Hindi Language: It shall be the duty of" +"the Union to promote the spread of the Hindi language and" +"to develop it so that it may serve as a medium of expression" +"for all the elements of the composite culture of India (Article" +"351 in Part XVII)." +"The above Directives are also non-jus-ticiable in nature." +"However, they are also given equal importance and attention by" +"the judiciary on the ground that all parts of the constitution must" +"be read together." +"" +"Table 8.2 Articles Related to Directive Principles of State Policy at" +"a Glance" +"Article No. Subject Matter" +"36. Definition of State" +"37. Application of the principles contained in this" +"part" +"38. State to secure a social order for the promotion" +"of welfare of the people" +"39. Certain principles of policy to be followed by the" +" State" +"39A. Equal justice and free legal aid" +"40. Organisation of village panchayats" +"41. Right to work, to education and to public" +"assistance in certain cases" +"42. Provision for just and humane conditions of" +"work and maternity relief" +"43. Living wage, etc., for workers" +"43A. Participation of workers in management of" +"industries" +"43B. Promotion of co-operative societies" +"44. Uniform civil code for the citizens" +"45. Provision for early childhood care and" +"education to children below the age of six years" +"46. Promotion of educational and economic" +"interests of Scheduled Castes, Scheduled" +"Tribes and other weaker sections" +"47. Duty of the State to raise the level of nutrition" +"and the standard of living and to improve public" +"health" +"48. Organisation of agriculture and animal" +"husbandry" +"48A. Protection and improvement of environment" +"and safeguarding of forests and wildlife" +"49. Protection of monuments and places and" +"objects of national importance" +"50. Separation of judiciary from executive" +"51. Promotion of international peace and security" +"" +"" +"NOTES AND REFERENCES" +" 1. Actually, Directive Principles are mentioned in Articles" +"38 to 51. Article 36 deals with the definition of State" +"while Article 37 deals with the nature and significance of" +"Directive Principles." +"2. Granville Austin, The Indian Constitution–Cornerstone" +"of a Nation, Oxford, 1966, P. 75." +"3. A ‘Police State’ is mainly concerned with the" +"maintenance of law and order and defence of the" +"country against external aggression. Such a restrictive" +"concept of state is based on the nineteenth century" +"theory of individualism or laissez-faire." +"4. This second provision was added by the 44th" +"Constitutional Amendment Act of 1978." +"5. The last point (f) was modified by the 42nd" +"Constitutional Amendment Act of 1976." +"6. This Directive was added by the 42nd Constitutional" +"Amendment Act of 1976." +"7. ‘Living wage’ is different from ‘minimum wage’, which" +"includes the bare needs of life like food, shelter and" +"clothing. In addition to these bare needs, a ‘living wage’" +"includes education, health , insurance, etc. A ‘fair wage’" +"is a mean between ‘living wage’ and ‘minimum wage’." +"8. This Directive was added by the 42nd Constitutional" +"Amendment Act of 1976. 8a. This Directive was added" +"by the 97th Constitutional Amendment Act of 2011." +"9. This Directive was changed by the 86th Constitutional" +"Amendment Act of 2002. Originally, it made a provision" +"for free and compulsory education for all children until" +"they complete the age of 14 years." +"10. This Directive was added by the 42nd Constitutional" +"Amendment Act of 1976." +"11. Constituent Assembly Debates, volume VII, P. 476." +"12. M.P. Jain, Indian Constitutional Law, Wadhwa, Third" +"Edition (1978), P. 595." +"13. Constituent Assembly Debates, volume VII, P. 470." +"14. N. Srinivasan, Democratic Government in India, P. 182." +"15. Sir Ivor Jennings, Some Characteristics of the Indian" +"Constitution, 1953, P. 31–33." +" 16. Journal of Constitutional and Parliamentary Studies," +"June 1975." +"17. M.C. Chagla, An Ambassador Speaks, P. 35." +"18. Granville Austin, The Indian Constitution–Cornerstone" +"of a Nation, Oxford, 1966, P. 50–52." +"19. P.B. Gajendragadker, The Constitution of India (Its" +"Philosophy and Postulates), P. 11." +"20. State of Madras v. Champakam Dorairajan, (1951)." +"21. Golak Nath v. State of Punjab, (1967)." +"22. Article 39 (b) says: The State shall direct its policy" +"towards securing that the ownership and control of the" +"material resources of the community are so distributed" +"as best to subserve the common good." +"23. Article 39 (c) says: The state shall direct its policy" +"towards securing that the operation of the economic" +"system does not result in the concentration of wealth" +"and means of production to the common detriment." +"24. Kesavananda Bharati v. State of Kerala, (1973)." +"25. Minerva Mills v. Union of India, (1980)." +" 9 Fundamental Duties" +"" +"" +"" +"" +"T" +"hough the rights and duties of the citizens are correlative" +"and inseparable, the original constitution contained only the" +"fundamental rights and not the fundamental duties. In other" +"words, the framers of the Constitution did not feel it necessary to" +"incorporate the fundamental duties of the citizens in the" +"Constitution. However, they incorporated the duties of the State in" +"the Constitution in the form of Directive Principles of State Polity." +"Later in 1976, the fundamental duties of citizens were added in" +"the Constitution. In 2002, one more Fundamental Duty was" +"added." +"The Fundamental Duties in the Indian Constitution are inspired" +"by the Constitution of erstwhile USSR. Notably, none of the" +"Constitutions of major democratic countries like USA, Canada," +"France, Germany, Australia and so on specifically contain a list of" +"duties of citizens. Japanese Constitution is, perhaps, the only" +"democratic Constitution in world which contains a list of duties of" +"citizens. The socialist countries, on the contrary, gave equal" +"importance to the fundamental rights and duties of their citizens." +"Hence, the Constitution of erstwhile USSR declared that the" +"citizen’s exercise of their rights and freedoms was inseparable" +"from the performance of their duties and obligations." +" SWARAN SINGH COMMITTEE RECOMMENDATIONS" +"" +"In 1976, the Congress Party set up the Sardar Swaran Singh" +"Committee to make recommendations about fundamental duties," +"the need and necessity of which was felt during the operation of" +"the internal emergency (1975–1977). The committee" +"recommended the inclusion of a separate chapter on fundamental" +"duties in the Constitution. It stressed that the citizens should" +"become conscious that in addition to the enjoyment of rights, they" +"also have certain duties to perform as well. The Congress" +"Government at Centre accepted these recommendations and" +"enacted the 42nd Constitutional Amendment Act in 1976. This" +"amendment added a new part, namely, Part IVA to the" +"Constitution. This new part consists of only one Article, that is," +"Article 51A which for the first time specified a code of ten" +"fundamental duties of the citizens. The ruling Congress party" +"declared the non-inclusion of fundamental duties in the" +"Constitution as a historical mistake and claimed that what the" +"framers of the Constitution failed to do was being done now." +"Though the Swaran Singh Committee suggested the" +"incorporation of eight Fundamental Duties in the Constitution, the" +"42nd Constitutional Amendment Act (1976) included ten" +"Fundamental Duties." +"Interestingly, certain recommendations of the Committee were" +"not accepted by the Congress Party and hence, not incorporated" +"in the Constitution. These include:" +"1. The Parliament may provide for the imposition of such" +"penalty or punishment as may be considered appropriate for" +"any non-compliance with or refusal to observe any of the" +"duties." +"2. No law imposing such penalty or punishment shall be called" +"in question in any court on the ground of infringement of any" +"of Fundamental Rights or on the ground of repugnancy to" +"any other provision of the Constitution." +"3. Duty to pay taxes should also be a Fundamental Duty of the" +"citizens." +" LIST OF FUNDAMENTAL DUTIES" +"According to Article 51A, it shall be the duty of every citizen of" +"India:" +"(a) to abide by the Constitution and respect its ideals and" +"institutions, the National Flag and the National Anthem;" +"(b) to cherish and follow the noble ideals that inspired the" +"national struggle for freedom;" +"(c) to uphold and protect the sovereignty, unity and integrity of" +"India;" +"(d) to defend the country and render national service when" +"called upon to do so;" +"(e) to promote harmony and the spirit of common brotherhood" +"amongst all the people of India transcending religious," +"linguistic and regional or sectional diversities and to" +"renounce practices derogatory to the dignity of women;" +"(f) to value and preserve the rich heritage of the country’s" +"composite culture;" +"(g) to protect and improve the natural environment including" +"forests, lakes, rivers and wildlife and to have compassion for" +"living creatures;" +"(h) to develop scientific temper, humanism and the spirit of" +"inquiry and reform;" +"(i) to safeguard public property and to abjure violence;" +"(j) to strive towards excellence in all spheres of individual and" +"collective activity so that the nation constantly rises to higher" +"levels of endeavour and achievement; and" +"(k) to provide opportunities for education to his child or ward" +"between the age of six and fourteen years. This duty was" +"added by the 86th Constitutional Amendment Act, 2002." +" FEATURES OF THE FUNDAMENTAL DUTIES" +"" +"Following points can be noted with regard to the characteristics of" +"the Fundamental Duties:" +"1. Some of them are moral duties while others are civic duties." +"For instance, cherishing noble ideals of freedom struggle is" +"a moral precept and respecting the Constitution, National" +"Flag and National Anthem is a civic duty." +"2. They refer to such values which have been a part of the" +"Indian tradition, mythology, religions and practices. In other" +"words, they essentially contain just a codification of tasks" +"integral to the Indian way of life." +"3. Unlike some of the Fundamental Rights which extend to all" +"persons whether citizens or foreigners1 , the Fundamental" +"Duties are confined to citizens only and do not extend to" +"foreigners." +"4. Like the Directive Principles, the fundamental duties are also" +"non-justiciable. The Constitution does not provide for their" +"direct enforcement by the courts. Moreover, there is not legal" +"sanction against their violation. However, the Parliament is" +"free to enforce them by suitable legislation." +" CRITICISM OF FUNDAMENTAL DUTIES" +"" +"The Fundamental Duties mentioned in Part IVA of the Constitution" +"have been criticised on the following grounds:" +"1. The list of duties is not exhaustive as it does not cover other" +"important duties like casting vote, paying taxes, family" +"planning and so on. In fact, duty to pay taxes was" +"recommended by the Swaran Singh Committee." +"2. Some of the duties are vague, ambiguous and difficult to be" +"understood by the common man. For example, different" +"interpretations can be given to the phrases like ‘noble" +"ideals’, ‘composite culture’, ‘scientific temper’ and so on2 ." +"3. They have been described by the critics as a code of moral" +"precepts due to their non-justiciable character. Interestingly," +"the Swaran Singh Committee had suggested for penalty or" +"punishment for the non-performance of Fundamental Duties." +"4. Their inclusion in the Constitution was described by the" +"critics as superfluous. This is because the duties included in" +"the Constitution as fundamental would be performed by the" +"people even though they were not incorporated in the" +"Constitution3 ." +"5. The critics said that the inclusion of fundamental duties as" +"an appendage to Part IV of the Constitution has reduced" +"their value and significance. They should have been added" +"after Part III so as to keep them on par with Fundamental" +"Rights." +" SIGNIFICANCE OF FUNDAMENTAL DUTIES" +"" +"In spite of criticisms and opposition, the fundamental duties are" +"considered significant from the following viewpoints:" +"1. They serve as a reminder to the citizens that while enjoying" +"their rights, they should also be conscious of duties they owe" +"to their country, their society and to their fellow citizens." +"2. They serve as a warning against the antinational and" +"antisocial activities like burning the national flag, destroying" +"public property and so on." +"3. They serve as a source of inspiration for the citizens and" +"promote a sense of discipline and commitment among them." +"They create a feeling that the citizens are not mere" +"spectators but active participants in the realisation of" +"national goals." +"4. They help the courts in examining and determining the" +"constitutional validity of a law. In 1992, the Supreme Court" +"ruled that in determining the constitutionality of any law, if a" +"court finds that the law in question seeks to give effect to a" +"fundamental duty, it may consider such law to be" +"‘reasonable’ in relation to Article 14 (equality before law) or" +"Article 19 (six freedoms) and thus save such law from" +"unconstitutionality." +"5. They are enforceable by law. Hence, the Parliament can" +"provide for the imposition of appropriate penalty or" +"punishment for failure to fulfil any of them." +"H.R. Gokhale, the then Law Minister, gave the following reason" +"for incorporating the fundamental duties in the Constitution after" +"twenty-six years of its inauguration: ‘In post-independent India," +"particularly on the eve of emergency in June 1975, a section of" +"the people showed no anxiety to fulfil their fundamental" +"obligations of respecting the established legal order ..... the" +"provisions of chapter on fundamental duties would have a" +"sobering effect on these restless spirits who have had a host of" +"anti-national subversive and unconstitutional agitations in the" +"past’." +" Indira Gandhi, the then Prime Minister, justified the inclusion of" +"fundamental duties in the Constitution and argued that their" +"inclusion would help to strengthen democracy. She said, ‘the" +"moral value of fundamental duties would be not to smoother rights" +"but to establish a democratic balance by making the people" +"conscious of their duties equally as they are conscious of their" +"rights’." +"The Opposition in the Parliament strongly opposed the" +"inclusion of fundamental duties in the Constitution by the" +"Congress government. However, the new Janata Government" +"headed by Morarji Desai in the post-emergency period did not" +"annul the Fundamental Duties. Notably, the new government" +"sought to undo many changes introduced in the Constitution by" +"the 42nd Amendment Act (1976) through the 43rd Amendment" +"Act (1977) and the 44th Amendment Act (1978). This shows that" +"there was an eventual consensus on the necessity and desirability" +"of including the Fundamental Duties in the Constitution. This is" +"more clear with the addition of one more Fundamental Duty in" +"2002 by the 86th Amendment Act." +" VERMA COMMITTEE OBSERVATIONS" +"" +"The Verma Committee on Fundamental Duties of the Citizens" +"(1999) identified the existence of legal provisions for the" +"implementation of some of the Fundamental Duties. They are" +"mentioned below:" +"1. The Prevention of Insults to National Honour Act (1971)" +"prevents disrespect to the Constitution of India, the National" +"Flag and the National Anthem." +"2. The various criminal laws in force provide for punishments" +"for encouraging enmity between different sections of people" +"on grounds of language, race, place of birth, religion and so" +"on." +"3. The Protection of Civil Rights Act4 (1955) provides for" +"punishments for offences related to caste and religion." +"4. The Indian Penal Code (IPC) declares the imputations and" +"assertions prejudicial to national integration as punishable" +"offences." +"5. The Unlawful Activities (Prevention) Act of 1967 provides for" +"the declaration of a communal organisation as an unlawful" +"association." +"6. The Representation of People Act (1951) provides for the" +"disqualification of members of the Parliament or a state" +"legislature for indulging in corrupt practice, that is, soliciting" +"votes on the ground of religion or promoting enmity between" +"different sections of people on grounds of caste, race," +"language, religion and so on." +"7. The Wildlife (Protection) Act of 1972 prohibits trade in rare" +"and endangered species." +"8. The Forest (Conservation) Act of 1980 checks indiscriminate" +"deforestation and diversion of forest land for nonforest" +"purposes." +"" +"" +"NOTES AND REFERENCES" +"1. The Fundamental Rights guaranteed by Articles 14, 20," +"21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to" +" all persons whether citizens or foreigners." +"2. D.D. Chawla, the then president of the National Forum" +"of Lawyers and Legal Aid, Delhi, observed: ‘The duties" +"may be spelt out in a more concrete form, one is left" +"guessing the noble ideals. To some even the Bhagat" +"Singh cult may be such an ideal as inspired our national" +"struggle. Again what is the rich heritage of our" +"composite culture and what is scientific temper," +"humanism and the spirit of inquiry and reform? The" +"values are beyond the ken of the general run of the" +"people and carry no meaning to them. Duties should be" +"such and so worded as to catch the imagination of the" +"common man.’" +"D.D. Chawla, ‘The Concept of Fundamental Duties’," +"Socialist India (New Delhi), October 23, 1976, P. 44–45." +"3. C.K. Daphtary, former Attorney General of India, while" +"opposing the inclusion of fundamental duties in the" +"Constitution, said that more than 99.9 per cent of the" +"citizens were law-abiding and there was no need to tell" +"them about their duties. He argued that as long as the" +"people are satisfied and contended, they willingly" +"perform their duties. He said, ‘To tell them what their" +"duties are implies that they are not content. If that is the" +"case after 26 years, it is not their fault’. A.K. Sen also" +"opposed the inclusion of fundamental duties in the" +"Constitution and remarked, ‘A democratic set-up," +"instead of thriving on the willing cooperation and" +"confidence of people, is reduced to the position of a" +"harsh school master asking the student to stand up on" +"the class room bench because he has not done the" +"home work. To begin with, it were the people of India" +"who created the Sovereign Democratic Republic of" +"India in 1950, but the Republic is now claiming to be the" +"master of the citizens enjoining habitual obedience to its" +"command to do his duty. The state’s confidence in the" +"citizens is obviously shaken’." +"4. This Act was known as the Untouchability (Offences)" +"Act till 1976." +" 10 Amendment of the Constitution" +"" +"" +"" +"" +"L" +"ike any other written Constitution, the Constitution of India" +"also provides for its amendment in order to adjust itself to" +"the changing conditions and needs. However, the" +"procedure laid down for its amendment is neither as easy as in" +"Britain nor as difficult as in USA. In other words, the Indian" +"Constitution is neither flexible nor rigid but a synthesis of both." +"Article 368 in Part XX of the Constitution deals with the powers" +"of Parliament to amend the Constitution and its procedure. It" +"states that the Parliament may, in exercise of its constituent" +"power, amend by way of addition, variation or repeal any provision" +"of the Constitution in accordance with the procedure laid down for" +"the purpose. However, the Parliament cannot amend those" +"provisions which form the ‘basic structure’ of the Constitution. This" +"was ruled by the Supreme Court in the Kesavananda Bharati" +"case1 (1973)." +" PROCEDURE FOR AMENDMENT" +"" +"The procedure for the amendment of the Constitution as laid down" +"in Article 368 is as follows:" +"1. An amendment of the Constitution can be initiated only by" +"the introduction of a bill for the purpose in either House of" +"Parliament and not in the state legislatures." +"2. The bill can be introduced either by a minister or by a private" +"member and does not require prior permission of the" +"president." +"3. The bill must be passed in each House by a special majority," +"that is, a majority of the total membership of the House and" +"a majority of two-thirds of the members of the House present" +"and voting." +"4. Each House must pass the bill separately. In case of a" +"disagreement between the two Houses, there is no provision" +"for holding a joint sitting of the two Houses for the purpose of" +"deliberation and passage of the bill." +"5. If the bill seeks to amend the federal provisions of the" +"Constitution, it must also be ratified by the legislatures of half" +"of the states by a simple majority, that is, a majority of the" +"members of the House present and voting." +"6. After duly passed by both the Houses of Parliament and" +"ratified by the state legislatures, where necessary, the bill is" +"presented to the president for assent." +"7. The president must give his assent to the bill. He can neither" +"withhold his assent to the bill nor return the bill for" +"reconsideration of the Parliament.2" +"8. After the president’s assent, the bill becomes an Act (i.e., a" +"constitutional amendment act) and the Constitution stands" +"amended in accordance with the terms of the Act." +" TYPES OF AMENDMENTS" +"Article 368 provides for two types of amendments, that is, by a" +"special majority of Parliament and also through the ratification of" +"half of the states by a simple majority. But, some other articles" +"provide for the amendment of certain provisions of the" +"Constitution by a simple majority of Parliament, that is, a majority" +"of the members of each House present and voting (similar to the" +"ordinary legislative process). Notably, these amendments are not" +"deemed to be amendments of the Constitution for the purposes of" +"Article 368." +"Therefore, the Constitution can be amended in three ways:" +"(a) Amendment by simple majority of the Parliament," +"(b) Amendment by special majority of the Parliament, and" +"(c) Amendment by special majority of the Parliament and the" +"ratification of half of the state legislatures." +"" +"By Simple Majority of Parliament" +"A number of provisions in the Constitution can be amended by a" +"simple majority of the two Houses of Parliament outside the scope" +"of Article 368. These provisions include:" +"1. Admission or establishment of new states." +"2. Formation of new states and alteration of areas, boundaries" +"or names of existing states." +"3. Abolition or creation of legislative councils in states." +"4. Second Schedule–emoluments, allowances, privileges and" +"so on of the president, the governors, the Speakers, judges," +"etc." +"5. Quorum in Parliament." +"6. Salaries and allowances of the members of Parliament." +"7. Rules of procedure in Parliament." +"8. Privileges of the Parliament, its members and its" +"committees." +"9. Use of English language in Parliament." +"10. Number of puisne judges in the Supreme Court." +"11. Conferment of more jurisdiction on the Supreme Court." +"12. Use of official language." +" 13. Citizenship–acquisition and termination." +"14. Elections to Parliament and state legislatures." +"15. Delimitation of constituencies." +"16. Union territories." +"17. Fifth Schedule–administration of scheduled areas and" +"scheduled tribes." +"18. Sixth Schedule–administration of tribal areas." +"" +"By Special Majority of Parliament" +"The majority of the provisions in the Constitution need to be" +"amended by a special majority of the Parliament, that is, a" +"majority of the total membership of each House and a majority of" +"two-thirds of the members of each House present and voting. The" +"expression ‘total membership’ means the total number of" +"members comprising the House irrespective of fact whether there" +"are vacancies or absentees." +"‘Strictly speaking, the special majority is required only for voting" +"at the third reading stage of the bill but by way of abundant" +"caution the requirement for special majority has been provided for" +"in the rules of the Houses in respect of all the effective stages of" +"the bill’3 ." +"The provisions which can be amended by this way includes: (i)" +"Fundamental Rights; (ii) Directive Principles of State Policy; and" +"(iii) All other provisions which are not covered by the first and third" +"categories." +"" +"By Special Majority of Parliament and Consent of" +"States" +"Those provisions of the Constitution which are related to the" +"federal structure of the polity can be amended by a special" +"majority of the Parliament and also with the consent of half of the" +"state legislatures by a simple majority. If one or some or all the" +"remaining states take no action on the bill, it does not matter; the" +"moment half of the states give their consent, the formality is" +"completed. There is no time limit within which the states should" +"give their consent to the bill." +"The following provisions can be amended in this way:" +" 1. Election of the President and its manner." +"2. Extent of the executive power of the Union and the states." +"3. Supreme Court and high courts." +"4. Distribution of legislative powers between the Union and the" +"states." +"5. Goods and Services Tax Council3a." +"6. Any of the lists in the Seventh Schedule." +"7. Representation of states in Parliament." +"8. Power of Parliament to amend the Constitution and its" +"procedure (Article 368 itself)." +" CRITICISM OF THE AMENDMENT PROCEDURE" +"" +"Critics have criticised the amendment procedure of the" +"Constitution on the following grounds:" +"1. There is no provision for a special body like Constitutional" +"Convention (as in USA) or Constitutional Assembly for" +"amending the Constitution. The constituent power is vested" +"in the Parliament and only in few cases, in the state" +"legislatures." +"2. The power to initiate an amendment to the Constitution lies" +"with the Parliament. Hence, unlike in USA4 , the state" +"legislatures cannot initiate any bill or proposal for amending" +"the Constitution except in one case, that is, passing a" +"resolution requesting the Parliament for the creation or" +"abolition of legislative councils in the states. Here also, the" +"Parliament can either approve or disapprove such a" +"resolution or may not take any action on it." +"3. Major part of the Constitution can be amended by the" +"Parliament alone either by a special majority or by a simple" +"majority. Only in few cases, the consent of the state" +"legislatures is required and that too, only half of them, while" +"in USA, it is three-fourths of the states." +"4. The Constitution does not prescribe the time frame within" +"which the state legislatures should ratify or reject an" +"amendment submitted to them. Also, it is silent on the issue" +"whether the states can withdraw their approval after" +"according the same." +"5. There is no provision for holding a joint sitting of both the" +"Houses of Parliament if there is a deadlock over the" +"passage of a constitutional amendment bill. On the other" +"hand, a provision for a joint sitting is made in the case of an" +"ordinary bill." +"6. The process of amendment is similar to that of a legislative" +"process. Except for the special majority, the constitutional" +"amendment bills are to be passed by the Parliament in the" +"same way as ordinary bills." +" 7. The provisions relating to the amendment procedure are too" +"sketchy. Hence, they leave a wide scope for taking the" +"matters to the judiciary." +"Despite these defects, it cannot be denied that the process has" +"proved to be simple and easy and has succeeded in meeting the" +"changed needs and conditions. The procedure is not so flexible as" +"to allow the ruling parties to change it according to their whims." +"Nor is it so rigid as to be incapable of adopting itself to the" +"changing needs. It, as rightly said by K.C. Wheare, ‘strikes a good" +"balance between flexibility and rigidity’5. In this context, Pandit" +"Jawaharlal Nehru said in the Constituent Assembly, ‘While we" +"want this Constitution to be as solid and permanent as we can" +"make it, there is no permanence in a Constitution. There should" +"be a certain flexibility. If you make any Constitution rigid and" +"permanent, you stop the nation’s growth, the growth of a living," +"vital, organic people’6 ." +"Similarly, Dr. B.R. Ambedkar observed in the Constituent" +"Assembly that, ‘The Assembly has not only refrained from putting" +"a seal of finality and infallibility upon this Constitution by denying" +"the people the right to amend the Constitution as in Canada or by" +"making the amendment of the Constitution subject to the fulfilment" +"of extraordinary terms and conditions as in America or Australia," +"but has provided for a facile procedure for amending the" +"Constitution’7 ." +"K.C. Wheare has admired the variety of amendment" +"procedures contained in the Constitution of India. He said, ‘this" +"variety in the amending process is wise but rarely found’." +"According to Granville Austin, ‘the amending process has proved" +"itself one of the most ably conceived aspects of the Constitution." +"Although it appears complicated, it is merely diverse’.8" +"" +"" +"NOTES AND REFERENCES" +"1. Kesavananda Bharati v. State of Kerala, (1973)." +"2. The 24th Constitutional Amendment Act of 1971 made it" +"obligatory for the President to give his assent to a" +"constitutional Amendment Bill." +" 3. Subhas C. Kashyap, Our Parliament, National Book" +"Trust, 1999, P. 168." +"3a. This provision was added by the 101st Amendment Act" +"of 2016. This is related to Article 279-A." +"4. In USA, an amendment can also be proposed by a" +"constitutional convention called by the Congress" +"(American Legislature) on the petition of two-thirds of" +"the state legislatures." +"5. K.C. Wheare, Modern Constitutions, 1966, P. 43." +"6. Constituent Assembly Debates, Vol. VII, P. 322–23." +"7. Constituent Assembly Debates, Vol. IX, P. 976." +"8. Granville Austin, The Indian Constitution: Cornerstone" +"of a Nation, Oxford, 1966, P. 25." +" 11 Basic Structure of the Constitution" +"" +"" +"EMERGENCE OF THE BASIC STRUCTURE" +"The question whether Fundamental Rights can be amended by" +"the Parliament under Article 368 came for consideration of the" +"Supreme Court within a year of the Constitution coming into force." +"In the Shankari Prasad case1 (1951), the constitutional validity of" +"the First Amendment Act (1951), which curtailed the right to" +"property, was challenged. The Supreme Court ruled that the" +"power of the Parliament to amend the Constitution under Article" +"368 also includes the power to amend Fundamental Rights. The" +"word ‘law’ in Article 13 includes only ordinary laws and not the" +"constitutional amendment acts (constituent laws). Therefore, the" +"Parliament can abridge or take away any of the Fundamental" +"Rights by enacting a constitutional amendment act and such a law" +"will not be void under Article 13." +"But in the Golak Nath case2 (1967), the Supreme Court" +"reversed its earlier stand. In that case, the constitutional validity of" +"the Seventeenth Amendment Act (1964), which inserted certain" +"state acts in the Ninth Schedule, was challenged. The Supreme" +"Court ruled that the Fundamental Rights are given a" +"‘transcendental and immutable’ position and hence, the" +"Parliament cannot abridge or take away any of these rights. A" +"constitutional amendment act is also a law within the meaning of" +"Article 13 and hence, would be void for violating any of the" +"Fundamental Rights." +"The Parliament reacted to the Supreme Court’s judgement in" +"the Golak Nath case (1967) by enacting the 24th Amendment Act" +"(1971). This Act amended Articles 13 and 368." +"It declared that the Parliament has the power to abridge or take" +"away any of the Fundamental Rights under Article 368 and such" +"an act will not be a law under the meaning of Article 13." +" However, in the Kesavananda Bharati case3 (1973), the" +"Supreme Court overruled its judgement in the Golak Nath case" +"(1967). It upheld the validity of the 24th Amendment Act (1971)" +"and stated that Parliament is empowered to abridge or take away" +"any of the Fundamental Rights. At the same time, it laid down a" +"new doctrine of the ‘basic structure’ (or ‘basic features’) of the" +"Constitution. It ruled that the constituent power of Parliament" +"under Article 368 does not enable it to alter the ‘basic structure’ of" +"the Constitution. This means that the Parliament cannot abridge" +"or take away a Fundamental Right that forms a part of the ‘basic" +"structure’ of the Constitution." +"The doctrine of basic structure of the constitution was" +"reaffirmed and applied by the Supreme Court in the Indira Nehru" +"Gandhi case3a (1975). In this case, the Supreme Court invalidated" +"a provision of the 39th Amendment Act (1975) which kept the" +"election disputes involving the Prime Minister and the Speaker of" +"Lok Sabha outside the jurisdiction of all courts. The court said that" +"this provision was beyond the amending power of Parliament as it" +"affected the basic structure of the constitution." +"Again, the Parliament reacted to this judicially innovated" +"doctrine of ‘basic structure’ by enacting the 42nd Amendment Act" +"(1976). This Act amended Article 368 and declared that there is" +"no limitation on the constituent power of Parliament and no" +"amendment can be questioned in any court on any ground" +"including that of the contravention of any of the Fundamental" +"Rights." +"However, the Supreme Court in the Minerva Mills case4 (1980)" +"invalidated this provision as it excluded judicial review which is a" +"‘basic feature’ of the Constitution. Applying the doctrine of ‘basic" +"structure’ with respect to Article 368, the court held that:" +"“Since the Constitution had conferred a limited amending power" +"on the Parliament, the Parliament cannot under the exercise of" +"that limited power enlarge that very power into an absolute power." +"Indeed, a limited amending power is one of the basic features of" +"the Constitution and, therefore, the limitations on that power" +"cannot be destroyed. In other words, Parliament cannot, under" +"article 368, expand its amending power so as to acquire for itself" +"the right to repeal or abrogate the Constitution or to destroy its" +" basic features. The donee of a limited power cannot by the" +"exercise of that power convert the limited power into an unlimited" +"one”." +"Again in the Waman Rao case5 (1981), the Supreme Court" +"adhered to the doctrine of the ‘basic structure’ and further clarified" +"that it would apply to constitutional amendments enacted after" +"April 24, 1973 (i.e., the date of the judgement in the Kesavananda" +"Bharati case)." +" ELEMENTS OF THE BASIC STRUCTURE" +"" +"The present position is that the Parliament under Article 368 can" +"amend any part of the Constitution including the Fundamental" +"Rights but without affecting the ‘basic structure’ of the" +"Constitution. However, the Supreme Court is yet to define or" +"clarify as to what constitutes the ‘basic structure’ of the" +"Constitution. From the various judgements, the following have" +"emerged as ‘basic features’ of the Constitution or elements of the" +"‘basic structure’ of the constitution:" +"1. Supremacy of the Constitution" +"2. Sovereign, democratic and republican nature of the Indian" +"polity" +"3. Secular character of the Constitution" +"4. Separation of powers between the legislature, the executive" +"and the judiciary" +"5. Federal character of the Constitution" +"6. Unity and integrity of the nation" +"7. Welfare state (socio-economic justice)" +"8. Judicial review" +"9. Freedom and dignity of the individual" +"10. Parliamentary system" +"11. Rule of law" +"12. Harmony and balance between Fundamental Rights and" +"Directive Principles" +"13. Principle of equality" +"14. Free and fair elections" +"15. Independence of Judiciary" +"16. Limited power of Parliament to amend the Constitution" +"17. Effective access to justice" +"18. Principles (or essence) underlying fundamental rights" +"19. Powers of the Supreme Court under Articles 32, 136, 141" +"and 1426" +"20. Powers of the High Courts under Articles 226 and 2277" +"" +"Table 11.1 Evolution of the Basic Structure of the Constitution" +" Sl. Name of the Case (Year) Elements of the Basic" +"No. Structure (As Declared by" +"the Supreme Court)" +"1. Kesavananda Bharati case3 1. Supremacy of the" +"(1973) (popularly known as Constitution" +"the Fundamental Rights 2. Separation of powers" +"Case) between the legislature," +"the executive and the" +"judiciary" +"3. Republic and" +"democratic form of" +"government" +"4. Secular character of the" +"constitution" +"5. Federal character of the" +"constitution" +"6. Sovereignty and unity of" +"India" +"7. Freedom and dignity of" +"the individual" +"8. Mandate to build a" +"welfare state" +"9. Parliamentary System" +"2. Indira Nehru Gandhi case3a 1. India as a sovereign" +"(1975) (popularly known as democratic republic" +"the Election Case) 2. Equality of status and" +"opportunity of an" +"individual" +"3. Secularism and" +"freedom of conscience" +"and religion" +"4. Government of laws" +"and not of men (i.e.," +"Rule of Law)" +"5. Judicial review" +"6. Free and fair elections" +"which is implied in" +"democracy" +" 3. Minerva Mills case4 (1980) 1. Limited power of" +"Parliament to amend" +"the constitution" +"2. Judicial review" +"3. Harmony and balance" +"between fundamental" +"rights and directive" +"principles" +"4. Central Coal Fields Ltd. Effective access to justice" +"Case8 (1980)" +"5. Bhim Singhji Case9 (1981) Welfare State (Socio-" +"economic justice)" +"6. S.P. Sampath Kumar 1. Rule of law" +"Case10 (1987) 2. Judicial review" +"7. P. Sambamurthy Case11 1. Rule of law" +"(1987) 2. Judicial review" +"8. Delhi Judicial Service Powers of the Supreme" +"Association Case12 (1991) Court under Articles 32," +"136, 141 and 142" +"9. Indra Sawhney Case13 Rule of law" +"(1992) (popularly known as" +"the Mandal Case)" +"10. Kumar Padma Prasad Independence of judiciary" +"Case14 (1992)" +"11. Kihoto Hollohon Case15 1. Free and fair elections" +"(1993) (popularly known as 2. Sovereign, democratic," +"Defection case) republican structure" +"12. Raghunath Rao Case16 1. Principle of equality" +"(1993) 2. Unity and integrity of" +"India" +"13. S.R. Bommai Case17 (1994) 1. Federalism" +"2. Secularism" +"3. Democracy" +" 4. Unity and integrity of" +"the nation" +"5. Social justice" +"6. Judicial review" +"14. L. Chandra Kumar Case18 Powers of the High Courts" +"(1997) under Articles 226 and 227" +"15. Indra Sawhney II Case19 Principle of equality" +"(2000)" +"16. All India Judge’s Independent judicial system" +"Association Case20 (2002)" +"17. Kuldip Nayar Case21 (2006) 1. Democracy" +"2. Free and fair elections" +"18. M. Nagaraj Case22 (2006) Principle of equality" +"19. I.R. Coelho Case23 (2007) 1. Rule of law" +"(popularly known as IX 2. Separation of powers" +"Schedule Case) 3. Principles (or essence)" +"underlying fundamental" +"rights" +"4. Judicial review" +"5. Principle of equality" +"20. Ram Jethmalani Case24 Powers of the Supreme" +"(2011) Court under Article 32" +"21. Namit Sharma Case25 Freedom and dignity of the" +"(2013) individual" +"22. Madras Bar Association 1. Judicial review" +"Case26 (2014) 2. Powers of the High" +"Courts under Articles" +"226 and 227" +"" +"" +"NOTES AND REFERENCES" +"1. Shankari Prasad v. Union of India, (1951)" +"2. Golak Nath v. State of Punjab, (1967)" +"3. Kesavananda Bharati v. State of Kerala, (1973)" +" 3a. Indira Nehru Gandhi v. Raj Narain (1975)" +"4. Minerva Mills v. Union of India, (1980)" +"5. Waman Rao v. Union of India, (1981)" +"6. For the subject-matter of these Articles, see Appendix-" +"1" +"7. Ibid." +"8. Central Coal Fields Ltd., v. Jaiswal Coal Co. (1980)" +"9. Bhim Singhji v. Union of India (1981)" +"10. S.P. Sampath Kumar v. Union of India (1987)" +"11. P. Sambamurthy v. State of A.P. (1987)" +"12. Delhi Judicial Service Association v. State of Gujarat" +"(1991)" +"13. Indra Sawhney v. Union of India (1992)" +"14. Kumar Padma Prasad v. Union of India (1992)" +"15. Kihoto Hollohon v. Zachilhu (1993)" +"16. Raghunath Rao v. Union of India (1993)" +"17. S.R. Bommai v. Union of India (1994)" +"18. L. Chandra Kumar v. Union of India (1997)" +"19. Indra Sawhney II v. Union of India (2000)" +"20. All India Judge’s Association v. Union of India (2002)" +"21. Kuldip Nayar v. Union of India (2006)" +"22. M. Nagaraj v. Union of India (2006)" +"23. I.R. Coelho v. State of Tamil Nadu (2007)" +"24. Ram Jethmalani v. Union of India (2011)" +"25. Namit Sharma v. Union of India (2013)" +"26. Madras Bar Association v. Union of India (2014)" +" PART-II" +"SYSTEM OF GOVERNMENT" +"" +"12. Parliamentary System" +"13. Federal System" +"14. Centre-State Relations" +"15. Inter-State Relations" +"16. Emergency Provisions" +" 12 Parliamentary System" +"" +"" +"" +"" +"T" +"he Constitution of India provides for a parliamentary form of" +"government, both at the Centre and in the states. Articles" +"74 and 75 deal with the parliamentary system at the Centre" +"and Articles 163 and 164 in the states." +"Modern democratic governments are classified into" +"parliamentary and presidential on the basis of nature of relations" +"between the executive and the legislative organs of the" +"government. The parliamentary system of government is the one" +"in which the executive is responsible to the legislature for its" +"policies and acts. The presidential system of government, on the" +"other hand, is one in which the executive is not responsible to the" +"legislature for its policies and acts, and is constitutionally" +"independent of the legislature in respect of its term of office." +"The parliamentary government is also known as cabinet" +"government or responsible government or Westminster model of" +"government and is prevalent in Britain, Japan, Canada, India" +"among others. The presidential government, on the other hand, is" +"also known as non-responsible or non-parliamentary or fixed" +"executive system of government and is prevalent in USA, Brazil," +"Russia, Sri Lanka among others." +"Ivor Jennings called the parliamentary system as ‘cabinet" +"system’ because the cabinet is the nucleus of power in a" +"parliamentary system. The parliamentary government is also" +"known as ‘responsible government’ as the cabinet (the real" +"executive) is accountable to the Parliament and stays in office so" +"long as it enjoys the latter’s confidence. It is described as" +"‘Westminster model of government’ after the location of the British" +"Parliament, where the parliamentary system originated." +"In the past, the British constitutional and political experts" +"described the Prime Minister as ‘primus inter pares’ (first among" +"equals) in relation to the cabinet. In the recent period, the Prime" +"Minister’s power, influence and position have increased" +" significantly vis-a-vis the cabinet. He has come to play a" +"‘dominant’ role in the British politico-administrative system. Hence," +"the later political analysts, like Cross-man, Mackintosh and others" +"have described the British system of government as ‘prime" +"ministerial government’. The same description holds good in the" +"Indian context too." +" FEATURES OF PARLIAMENTARY GOVERNMENT" +"The features or principles of parliamentary government in India" +"are:" +"" +"1. Nominal and Real Executives" +"The President is the nominal executive (de jure executive or titular" +"executive) while the Prime Minister is the real executive (de facto" +"executive). Thus, the President is head of the State, while the" +"Prime Minister is head of the government. Article 74 provides for a" +"council of ministers headed by the Prime Minister to aid and" +"advise the President in the exercise of his functions. The advice" +"so tendered is binding on the President1 ." +"" +"2. Majority Party Rule" +"The political party which secures majority seats in the Lok Sabha" +"forms the government. The leader of that party is appointed as the" +"Prime Minister by the President; other ministers are appointed by" +"the President on the advice of the prime minister. However, when" +"no single party gets the majority, a coalition of parties may be" +"invited by the President to form the government." +"" +"3. Collective Responsibility" +"This is the bedrock principle of parliamentary government. The" +"ministers are collectively responsible to the Parliament in general" +"and to the Lok Sabha in particular (Article 75). They act as a" +"team, and swim and sink together. The principle of collective" +"responsibility implies that the Lok Sabha can remove the ministry" +"(i.e., council of ministers headed by the prime minister) from office" +"by passing a vote of no confidence." +"" +"4. Political Homogeneity" +"Usually members of the council of ministers belong to the same" +"political party, and hence they share the same political ideology. In" +"case of coalition government, the ministers are bound by" +"consensus." +"" +"5. Double Membership" +" The ministers are members of both the legislature and the" +"executive. This means that a person cannot be a minister without" +"being a member of the Parliament. The Constitution stipulates that" +"a minister who is not a member of the Parliament for a period of" +"six consecutive months ceases to be a minister." +"" +"6. Leadership of the Prime Minister" +"The Prime Minister plays the leadership role in this system of" +"government. He is the leader of council of ministers, leader of the" +"Parliament and leader of the party in power. In these capacities," +"he plays a significant and highly crucial role in the functioning of" +"the government." +"" +"7. Dissolution of the Lower House" +"The lower house of the Parliament (Lok Sabha) can be dissolved" +"by the President on recommendation of the Prime Minister. In" +"other words, the prime minister can advise the President to" +"dissolve the Lok Sabha before the expiry of its term and hold fresh" +"elections. This means that the executive enjoys the right to get the" +"legislature dissolved in a parliamentary system." +"" +"8. Secrecy" +"The ministers operate on the principle of secrecy of procedure" +"and cannot divulge information about their proceedings, policies" +"and decisions. They take the oath of secrecy before entering their" +"office. The oath of secrecy to the ministers is administered by the" +"President." +" FEATURES OF PRESIDENTIAL GOVERNMENT" +"" +"Unlike the Indian Constitution, the American Constitution provides" +"for the presidential form of government. The features of the" +"American presidential system of government are as follows:" +"(a) The American President is both the head of the State and" +"the head of government. As the head of State, he occupies a" +"ceremonial position. As the head of government, he leads the" +"executive organ of government." +"(b) The President is elected by an electoral college for a fixed" +"tenure of four years. He cannot be removed by the Congress" +"except by impeachment for a grave unconstitutional act." +"(c) The President governs with the help of a cabinet or a smaller" +"body called ‘Kitchen Cabinet’. It is only an advisory body and" +"consists of non-elected departmental secretaries. They are" +"selected and appointed by him, are responsible only to him," +"and can be removed by him any time." +"(d) The President and his secretaries are not responsible to the" +"Congress for their acts. They neither possess membership in" +"the Congress nor attend its sessions." +"(e) The President cannot dissolve the House of" +"Representatives–the lower house of the Congress." +"(f) The doctrine of separation of powers is the basis of the" +"American presidential system. The legislative, executive and" +"judicial powers of the government are separated and vested" +"in the three independent organs of the government." +" MERITS OF THE PARLIAMENTARY SYSTEM" +"" +"The parliamentary system of government has the following merits:" +"" +"1. Harmony Between Legislature and Executive" +"The greatest advantage of the parliamentary system is that it" +"ensures harmonious relationship and cooperation between the" +"legislative and executive organs of the government. The executive" +"is a part of the legislature and both are interdependent at work. As" +"a result, there is less scope for disputes and conflicts between the" +"two organs." +"" +"2. Responsible Government" +"By its very nature, the parliamentary system establishes a" +"responsible government. The ministers are responsible to the" +"Parliament for all their acts of omission and commission. The" +"Parliament exercises control over the ministers through various" +"devices like question hour, discussions, adjournment motion, no" +"confidence motion, etc." +"" +"3. Prevents Despotism" +"Under this system, the executive authority is vested in a group of" +"individuals (council of ministers) and not in a single person. This" +"dispersal of authority checks the dictatorial tendencies of the" +"executive. Moreover, the executive is responsible to the" +"Parliament and can be removed by a no-confidence motion." +"" +"4. Ready Alternative Government" +"In case the ruling party loses its majority, the Head of the State" +"can invite the opposition party to form the government. This" +"means an alternative government can be formed without fresh" +"elections. Hence, Dr. Jennings says, ‘the leader of the opposition" +"is the alternative prime minister’." +"" +"5. Wide Representation" +"In a parliamentary system, the executive consists of a group of" +"individuals (i.e., ministers who are representatives of the people)." +"Hence, it is possible to provide representation to all sections and" +" regions in the government. The prime minister while selecting his" +"ministers can take this factor into consideration." +" DEMERITS OF THE PARLIAMENTARY SYSTEM" +"" +"In spite of the above merits, the parliamentary system suffers from" +"the following demerits:" +"" +"1. Unstable Government" +"The parliamentary system does not provide a stable government." +"There is no guarantee that a government can survive its tenure." +"The ministers depend on the mercy of the majority legislators for" +"their continuity and survival in office. A no-confidence motion or" +"political defection or evils of multiparty coalition can make the" +"government unstable. The Government headed by Morarji Desai," +"Charan Singh, V.P. Singh, Chandra Sekhar, Deva Gowda and I.K." +"Gujral are some such examples." +"" +"2. No Continuity of Policies" +"The parliamentary system is not conductive for the formulation" +"and implementation of longterm policies. This is due to the" +"uncertainty of the tenure of the government. A change in the ruling" +"party is usually followed by changes in the policies of the" +"government. For example, the Janata Government headed by" +"Morarji Desai in 1977 reversed a large number of policies of the" +"previous Congress Government. The same was repeated by the" +"Congress government after it came back to power in 1980." +"" +"3. Dictatorship of the Cabinet" +"When the ruling party enjoys absolute majority in the Parliament," +"the cabinet becomes autocratic and exercises nearly unlimited" +"powers. H.J. Laski says that the parliamentary system gives the" +"executive an opportunity for tyranny. Ramsay Muir, the former" +"British Prime Minister, also complained of the ‘dictatorship of the" +"cabinet’2. This phenomena was witnessed during the era of Indira" +"Gandhi and Rajiv Gandhi." +"" +"4. Against Separation of Powers" +"In the parliamentary system, the legislature and the executive are" +"together and inseparable. The cabinet acts as the leader of" +"legislature as well as the executive. As Bagehot points out, ‘the" +" cabinet is a hyphen that joins the buckle that binds the executive" +"and legislative departments together.’ Hence, the whole system of" +"government goes against the letter and spirit of the theory of" +"separation of powers3. In fact, there is a fusion of powers." +"" +"5. Government by Amateurs" +"The parliamentary system is not conducive to administrative" +"efficiency as the ministers are not experts in their fields. The" +"Prime Minister has a limited choice in the selection of ministers;" +"his choice is restricted to the members of Parliament alone and" +"does not extend to external talent. Moreover, the ministers devote" +"most of their time to parliamentary work, cabinet meetings and" +"party activities." +"Now, let us compare the parliamentary and presidential" +"systems in terms of their features, merits and demerits." +" REASONS FOR ADOPTING PARLIAMENTARY" +"SYSTEM" +"" +"A plea was made in favour of US presidential system of" +"government in the Constituent Assembly4. But, the founding" +"fathers preferred the British parliamentary system due to the" +"following reasons:" +"" +"Table 12.1 Comparing Parliamentary and Presidential Systems" +"Parliamentary System Presidential System" +"Features: Features:" +"1. Dual executive. 1. Single executive." +"2. Majority party rule 2. President and legislators elected" +"3. Collective separately for a fixed term." +"responsibility. 3. Non-responsibility" +"4. Political homogeneity 4. Political homogeneity may not" +"5. Double membership. exist." +"6. Leadership of prime 5. Single membership" +"minister. 6. Domination of president." +"7. Dissolution of Lower 7. No dissolution of Lower House." +"House. 8. Separation of powers." +"8. Fusion of powers." +"Merits: Demerits:" +"1. Harmony between 1. Conflict between legislature and" +"legislature and executive." +"executive. 2. Non-responsible government." +"2. Responsible 3. May lead to autocracy." +"government. 4. Narrow representation." +"3. Prevents despotism." +"4. Wide representation." +"Demerits: Merits:" +"1. Unstable 1. Stable government." +"government. 2. Definiteness in policies." +"2. No continuity of 3. Based on separation of powers." +"policies. 4. Government by experts" +" 3. Against separation of" +"powers" +"4. Government by" +"amateurs." +"" +"1. Familiarity with the System" +"The Constitution-makers were somewhat familiar with the" +"parliamentary system as it had been in operation in India during" +"the British rule. K.M. Munshi argued that, ‘For the last thirty or" +"forty years, some kind of responsibility has been introduced in the" +"governance of this country. Our constitutional traditions have" +"become Parliamentary. After this experience, why should we go" +"back and buy a novel experience.’5" +"" +"2. Preference to More Responsibility" +"Dr. B.R. Ambedkar pointed out in the Constituent Assembly that ‘a" +"democratic executive must satisfy two conditions: stability and" +"responsibility. Unfortunately, it has not been possible so far to" +"devise a system which can ensure both in equal degree. The" +"American system gives more stability but less responsibility. The" +"British system, on the other hand, gives more responsibility but" +"less stability. The Draft Constitution in recommending the" +"parliamentary system of Executive has preferred more" +"responsibility to more stability.’6" +"" +"3. Need to Avoid Legislative–Executive Conflicts" +"The framers of the Constitution wanted to avoid the conflicts" +"between the legislature and the executive which are bound to" +"occur in the presidential system prevalent in USA. They thought" +"that an infant democracy could not afford to take the risk of a" +"perpetual cleavage, feud or conflict or threatened conflict between" +"these two organs of the government. They wanted a form of" +"government that would be conductive to the manifold" +"development of the country." +"" +"4. Nature of Indian Society" +"India is one of the most heterogeneous States and most complex" +"plural societies in the world. Hence, the Constitution-makers" +"adopted the parliamentary system as it offers greater scope for" +" giving representation to various section, interests and regions in" +"the government. This promotes a national spirit among the people" +"and builds a united India." +"Whether the parliamentary system should be continued or" +"should be replaced by the presidential system has been a point of" +"discussion and debate in our country since the 1970s. This matter" +"was considered in detail by the Swaran Singh Committee" +"appointed by the Congress government in 1975. The committee" +"opined that the parliamentary system has been doing well and" +"hence, there is no need to replace it by the presidential system." +" DISTINCTION BETWEEN INDIAN AND BRITISH" +"MODELS" +"" +"The parliamentary system of government in India is largely based" +"on the British parliamentary system. However, it never became a" +"replica of the British system and differs in the following respects:" +"1. India has a republican system in place of British monarchical" +"system. In other words, the Head of the State in India (that" +"is, President) is elected, while the Head of the State in" +"Britain (that is, King or Queen) enjoys a hereditary position." +"2. The British system is based on the doctrine of the" +"sovereignty of Parliament, while the Parliament is not" +"supreme in India and enjoys limited and restricted powers" +"due to a written Constitution, federal system, judicial review" +"and fundamental rights7 ." +"3. In Britain, the prime minister should be a member of the" +"Lower House (House of Commons) of the Parliament. In" +"India, the prime minister may be a member of any of the two" +"Houses of Parliament.8" +"4. Usually, the members of Parliament alone are appointed as" +"ministers in Britain. In India, a person who is not a member" +"of Parliament can also be appointed as minister, but for a" +"maximum period of six months." +"5. Britain has the system of legal responsibility of the minister" +"while India has no such system. Unlike in Britain, the" +"ministers in India are not required to countersign the official" +"acts of the Head of the State." +"6. ‘Shadow cabinet’ is an unique institution of the British" +"cabinet system. It is formed by the opposition party to" +"balance the ruling cabinet and to prepare its members for" +"future ministerial office. There is no such institution in India." +"" +"" +"NOTES AND REFERENCES" +"1. The 42nd and 44th Amendment Acts of 1976 and 1978" +"respectively have made the ministerial advice binding" +" on the president." +"2. How Britain is Governed is a popular book written by" +"him." +"3. This theory was propounded by Montesquieu, a French" +"political thinker, in his book The Spirit of Laws (1748) to" +"promote individual liberty. He stated that concentration" +"of powers in one person or a body of persons would" +"result in despotism and negate individual liberty." +"4. K.T. Shah favoured the adoption of the presidential" +"system." +"5. Constituent Assembly Debates, Volume VII, p. 284–5." +"6. Constituent Assembly Debates, Volume VII, p. 32." +"7. For details in this regard, see the section on the" +"‘Sovereignty of Parliament’ in Chapter 22." +"8. For example, three prime ministers, Indira Gandhi" +"(1966), Deve Gowda (1996), and Manmohan Singh" +"(2004), were members of the Rajya Sabha." +" 13 Federal System" +"" +"" +"" +"" +"P" +"olitical scientists have classified governments into unitary" +"and federal on the basis of the nature of relations between" +"the national government and the regional governments. By" +"definition, a unitary government is one in which all the powers are" +"vested in the national government and the regional governments, if" +"at all exist, derive their authority from the national government. A" +"federal government, on the other hand, is one in which powers are" +"divided between the national government and the regional" +"governments by the Constitution itself and both operate in their" +"respective jurisdictions independently. Britain, France, Japan," +"China, Italy, Belgium, Norway, Sweden, Spain and so on have the" +"unitary model of government while the US, Switzerland, Australia," +"Canada, Russia, Brazil, Argentina and so on have the federal" +"model of government. In a federal model, the national government" +"is known as the Federal government or the Central government or" +"the Union government and the regional government is known as the" +"state government or the provincial government." +"The specific features of the federal and unitary governments are" +"mentioned below in a comparative manner:" +"The term ‘federation’ is drived from a Latin word foedus which" +"means ‘treaty’ or ‘agreement’. Thus, a federation is a new state" +"(political system) which is formed through a treaty or an agreement" +"between the various units. The units of a federation are known by" +"various names like states (as in US) or cantons (as in Switzerland)" +"or provinces (as in Canada) or republics (as in Russia)." +"" +"Table 13.1 Comparing Features of Federal and Unitary" +"Governments" +"Federal Government Unitary Government" +" Federal Government Unitary Government" +"1. Dual Government (that 1. Single government, that is," +"is, national the national government" +"government and which may create regional" +"regional government) governments" +"2. Written Constitution 2. Constitution may be written" +"(France) or unwritten (Britain)" +"3. Division of powers 3. No division of powers. All" +"between the national powers are vested in the" +"and regional national government" +"government" +"4. Supremacy of the 4. Constitution may be supreme" +"Constitution (Japan) or may not be" +"supreme (Britain)" +"5. Rigid Constitution 5. Constitution may be rigid" +"(France) or flexible (Britain)" +"6. Independent judiciary 6. Judiciary may be independent" +"or may not be independent" +"7. Bicameral legislature 7. Legislature may be bicameral" +"(Britain) or unicameral" +"(China)" +"" +"A federation can be formed in two ways, that is, by way of" +"integration or by way of disintegration. In the first case, a number of" +"militarily weak or economically backward states (independent)" +"come together to form a big and a strong union, as for example, the" +"US. In the second case, a big unitary state is converted into a" +"federation by granting autonomy to the provinces to promote" +"regional interest (for example, Canada). The US is the first and the" +"oldest federation in the world. It was formed in 1787 following the" +"American Revolution (1775–83). It comprises 50 states (originally" +"13 states) and is taken as the model of federation. The Canadian" +"Federation, comprising 10 provinces (originally 4 provinces) is also" +"quite old–formed in 1867." +"The Constitution of India provides for a federal system of" +"government in the country. The framers adopted the federal system" +" due to two main reasons–the large size of the country and its socio-" +"cultural diversity. They realised that the federal system not only" +"ensures the efficient governance of the country but also reconciles" +"national unity with regional autonomy." +"However, the term ‘federation’ has no where been used in the" +"Constitution. Instead, Article 1 of the Constitution describes India" +"asa ‘Union of States’. According to Dr. B.R. Ambedkar, the phrase" +"‘Union of States’ has been preferred to ‘Federation of States’ to" +"indicate two things: (i) the Indian federation is not the result of an" +"agreement among the states like the American federation; and (ii)" +"the states have no right to secede from the federation. The" +"federation is union because it is indestructible.1" +"The Indian federal system is based on the ‘Canadian model’ and" +"not on the ‘American model’. The ‘Canadian model’ differs" +"fundamentally from the ‘American model’ in so far as it establishes" +"a very strong centre. The Indian federation resembles the Candian" +"federation (i) in its formation (i.e., by way of disintegration); (ii) in its" +"preference to the term ‘Union’ (the Canadian federation is also" +"called a ‘Union’); and (iii) in its centralising tendency (i.e., vesting" +"more powers in the centre vis-a-vis the states)." +" FEDERAL FEATURES OF THE CONSTITUTION" +"The federal features of the Constitution of India are explained" +"below:" +"" +"1. Dual Polity" +"The Constitution establishes a dual polity consisting the Union at" +"the Centre and the states at the periphery. Each is endowed with" +"sovereign powers to be exercised in the field assigned to them" +"respectively by the Constitution. The Union government deals with" +"the matters of national importance like defence, foreign affairs," +"currency, communication and so on. The state governments, on the" +"other hand, look after the matters of regional and local importance" +"like public order, agriculture, health, local government and so on." +"" +"2. Written Constitution" +"The Constitution is not only a written document but also the" +"lengthiest Constitution of the world. Originally, it contained a" +"Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules.2 At" +"present (2019), it consists of a Preamble, about 470 Articles" +"(divided into 25 Parts) and 12 Schedules.3 It specifies the structure," +"organisation, powers and functions of both the Central and state" +"governments and prescribes the limits within which they must" +"operate. Thus, it avoids the misunderstandings and disagreements" +"between the two." +"" +"3. Division of Powers" +"The Constitution divided the powers between the Centre and the" +"states in terms of the Union List, State List and Concurrent List in" +"the Seventh Schedule. The Union List consists of 98 subjects" +"(originally 97), the State List 59 subjects (originally 66) and the" +"Concurrent List 52 subjects (originally 47). Both the Centre and the" +"states can make laws on the subjects of the concurrent list, but in" +"case of a conflict, the Central law prevails. The residuary subjects" +"(ie, which are not mentioned in any of the three lists) are given to" +"the Centre." +" 4. Supremacy of the Constitution" +"The Constitution is the supreme (or the highest) law of the land." +"The laws enacted by the Centre and the states must conform to its" +"provisions. Otherwise, they can be declared invalid by the Supreme" +"Court or the high courts through their power of judicial review. Thus," +"the organs of the government (legislative, executive and judicial) at" +"both the levels must operate within the jurisdiction prescribed by the" +"Constitution." +"" +"5. Rigid Constitution" +"The division of powers established by the Constitution as well as" +"the supremacy of the Constitution can be maintained only if the" +"method of its amendment is rigid. Hence, the Constitution is rigid to" +"the extent that those provisions which are concerned with the" +"federal structure (i.e., Centre-state relations and judicial" +"organisation) can be amended only by the joint action of the Central" +"and state governments. Such provisions require for their" +"amendment a special majority4 of the Parliament and also an" +"approval of half of the state legislatures." +"" +"6. Independent Judiciary" +"The Constitution establishes an independent judiciary headed by" +"the Supreme Court for two purposes: one, to protect the supremacy" +"of the Constitution by exercising the power of judicial review; and" +"two, to settle the disputes between the Centre and the states or" +"between the states. The Constitution contains various measures" +"like security of tenure to judges, fixed service conditions and so on" +"to make the judiciary independent of the government." +"" +"7. Bicameralism" +"The Constitution provides for a bicameral legislature consisting of" +"an Upper House (Rajya Sabha) and a Lower House (Lok Sabha)." +"The Rajya Sabha represents the states of Indian Federation, while" +"the Lok Sabha represents the people of India as a whole. The" +"Rajya Sabha (even though a less powerful chamber) is required to" +"maintain the federal equilibrium by protecting the interests of the" +"states against the undue interference of the Centre." +" UNITARY FEATURES OF THE CONSTITUTION" +"Besides the above federal features, the Indian Constitution also" +"possesses the following unitary or non-federal features:" +"" +"1. Strong Centre" +"The division of powers is in favour of the Centre and highly" +"inequitable from the federal angle. Firstly, the Union List contains" +"more subjects than the State List. Secondly, the more important" +"subjects have been included in the Union List. Thirdly, the Centre" +"has overriding authority over the Concurrent List. Finally, the" +"residuary powers have also been left with the Centre, while in the" +"US, they are vested in the states. Thus, the Constitution has made" +"the Centre very strong." +"" +"2. States Not Indestructible" +"Unlike in other federations, the states in India have no right to" +"territorial integrity. The Parliament can by unilateral action change" +"the area, boundaries or name of any state. Moreover, it requires" +"only a simple majority and not a special majority. Hence, the Indian" +"Federation is “an indestructible Union of destructible states”. The" +"American Federation, on the other hand, is described as “an" +"indestructible Union of indestructible states”." +"" +"3. Single Constitution" +"Usually, in a federation, the states have the right to frame their own" +"Constitution separate from that of the Centre. In India, on the" +"contrary, no such power is given to the states. The Constitution of" +"India embodies not only the Constitution of the Centre but also" +"those of the states. Both the Centre and the states must operate" +"within this single-frame. The only exception in this regard was the" +"case of Jammu and Kashmir which had its own (state)" +"Constitution.5" +"" +"4. Flexibility of the Constitution" +" The process of constitutional amendment is less rigid than what is" +"found in other federations. The bulk of the Constitution can be" +"amended by the unilateral action of the Parliament, either by simple" +"majority or by special majority. Further, the power to initiate an" +"amendment to the Constitution lies only with the Centre. In US, the" +"states can also propose an amendment to the Constitution." +"" +"5. No Equality of State Representation" +"The states are given representation in the Rajya Sabha on the" +"basis of population. Hence, the membership varies from 1 to 31. In" +"US, on the other hand, the principle of equality of representation of" +"states in the Upper House is fully recognised. Thus, the American" +"Senate has 100 members, two from each state. This principle is" +"regarded as a safeguard for smaller states." +"" +"6. Emergency Provisions" +"The Constitution stipulates three types of emergencies–national," +"state and financial. During an emergency, the Central government" +"becomes all powerful and the states go into the total control of the" +"Centre. It converts the federal structure into a unitary one without a" +"formal amendment of the Constitution. This kind of transformation is" +"not found in any other federation." +"" +"7. Single Citizenship" +"In spite of a dual polity, the Constitution of India, like that of" +"Canada, adopted the system of single citizenship. There is only" +"Indian Citizenship and no separate state citizenship. All citizens" +"irrespective of the state in which they are born or reside enjoy the" +"same rights all over the country. The other federal states like US," +"Switzerland and Australia have dual citizenship, that is, national" +"citizenship as well as state citizenship." +"" +"8. Integrated Judiciary" +"The Indian Constitution has established an integrated judicial" +"system with the Supreme Court at the top and the state high courts" +"below it. This single system of courts enforces both the Central laws" +" as well as the state laws. In US, on the other hand, there is a" +"double system of courts whereby the federal laws are enforced by" +"the federal judiciary and the state laws by the state judiciary." +"" +"9. All-India Services" +"In US, the Federal government and the state governments have" +"their separate public services. In India also, the Centre and the" +"states have their separate public services. But, in addition, there are" +"all-India services (IAS, IPS, and IFS) which are common to both the" +"Centre and the states. The members of these services are recruited" +"and trained by the Centre which also possess ultimate control over" +"them. Thus, these services violate the principle of federalism under" +"the Constitution." +"" +"10. Integrated Audit Machinery" +"The Comptroller and Auditor-General of India audits the accounts of" +"not only the Central government but also those of the states. But," +"his appointment and removal is done by the president without" +"consulting the states. Hence, this office restricts the financial" +"autonomy of the states. The American Comptroller-General, on the" +"contrary, has no role with respect to the accounts of the states." +"" +"11. Parliament’s Authority Over State List" +"Even in the limited sphere of authority allotted to them, the states" +"do not have exclusive control. The Parliament is empowered to" +"legislate on any subject of the State List if Rajya Sabha passes a" +"resolution to that effect in the national interest. This means that the" +"legislative competence of the Parliament can be extended without" +"amending the Constitution. Notably, this can be done when there is" +"no emergency of any kind." +"" +"12. Appointment of Governor" +"The governor, who is the head of the state, is appointed by the" +"President. He holds office during the pleasure of the President. He" +"also acts as an agent of the Centre. Through him, the Centre" +"exercises control over the states. The American Constitution, on the" +" contrary, provided for an elected head in the states. In this respect," +"India adopted the Canadian system." +"" +"13. Integrated Election Machinery" +"The Election Commission conducts elections not only to the Central" +"legislature but also to the state legislatures. But, this body is" +"constituted by the President and the states have no say in this" +"matter. The position is same with regard to the removal of its" +"members as well. On the other hand, US has separate machineries" +"for the conduct of elections at the federal and state levels." +"" +"14. Veto Over State Bills" +"The governor is empowered to reserve certain types of bills passed" +"by the state legislature for the consideration of the President. The" +"President can withhold his assent to such bills not only in the first" +"instance but also in the second instance. Thus, the President" +"enjoys absolute veto (and not suspensive veto) over state bills. But" +"in US and Australia, the states are autonomous within their fields" +"and there is no provision for any such reservation." +" CRITICAL EVALUATION OF THE FEDERAL SYSTEM" +"From the above, it is clear that the Constitution of India has" +"deviated from the traditional federal systems like US, Switzerland" +"and Australia and incorporated a large number of unitary or non-" +"federal features, tilting the balance of power in favour of the Centre." +"This has prompted the Constitutional experts to challenge the" +"federal character of the Indian Constitution. Thus, KC Wheare" +"described the Constitution of India as “quasi-federal”. He remarked" +"that “Indian Union is a unitary state with subsidiary federal features" +"rather than a federal state with subsidiary unitary features.”6" +"According to K Santhanam, the two factors have been" +"responsible for increasing the unitary bias (tendency of" +"centralisation) of the Constitution. These are: (i) the dominance of" +"the Centre in the financial sphere and the dependence of the states" +"upon the Central grants; and (ii) the emergence of a powerful" +"erstwhile planning commission which controlled the developmental" +"process in the states6a. He observed: “India has practically" +"functioned as a unitary state though the Union and the states have" +"tried to function formally and legally as a federation.”7" +"However, there are other political scientists who do not agree" +"with the above descriptions. Thus, Paul Appleby8 characterises the" +"Indian system as “extremely federal”. Morris Jones9 termed it as a" +"“bargaining federalism”. Ivor Jennings10 has described it as a" +"“federation with a strong centralising tendency”. He observed that" +"“the Indian Constitution is mainly federal with unique safeguards for" +"enforcing national unity and growth”. Alexandrowicz11 stated that" +"“India is a case sui generis (i.e., unique in character). Granville" +"Austin12 called the Indian federalism as a “cooperative federalism”." +"He said that though the Constitution of India has created a strong" +"Central government, it has not made the state governments weak" +"and has not reduced them to the level of administrative agencies for" +"the execution of policies of the Central government. He described" +"the Indian federation as “a new kind of federation to meet India’s" +"peculiar needs”." +"On the nature of Indian Constitution, Dr. B.R. Ambedkar made" +"the following observation in the Constituent Assembly: “The" +" Constitution is a Federal Constitution in as much as it establishes a" +"dual polity. The Union is not a league of states, united in a loose" +"relationship, nor are the states the agencies of the Union, deriving" +"powers from it. Both the Union and the states are created by the" +"Constitution, both derive their respective authority from the" +"Constitution.”13 He further observed: “Yet the Constitution avoids" +"the tight mould of federalism and could be both unitary as well as" +"federal according to the requirements of time and circum-" +"stances”.14 While replying to the criticism of over-centralisation in" +"the Constitution, he stated: “A serious complaint is made on the" +"ground that there is too much centralisation and the states have" +"been reduced to municipalities. It is clear that this view is not only" +"an exaggeration but is also founded on a misunderstanding of what" +"exactly the Constitution contrives to do. As to the relations between" +"the Centre and the states, it is necessary to bear in mind the" +"fundamental principle on which it rests. The basic principle of" +"federalism is that the legislative and executive authority is" +"partitioned between the Centre and the states not by any law to be" +"made by the Centre but by the Constitution itself. This is what the" +"Constitution does. The states are in no way dependent upon the" +"Centre for their legislative or executive authority. The states and the" +"Centre are coequal in this matter. It is difficult to see how such a" +"Constitution can be called centralism. It is, therefore, wrong to say" +"that the states have been placed under the Centre. The Centre" +"cannot by its own will alter the boundary of this partition. Nor can" +"the judiciary”.15" +"In Bommai case16 (1994), the Supreme Court laid down that the" +"Constitution is federal and characterised federalism as its ‘basic" +"feature’. It observed: “The fact that under the scheme of our" +"Constitution, greater power is conferred upon the Centre vis-a-vis" +"the states does not mean that the states are mere appendages of" +"the Centre. The states have an independent constitutional" +"existence. They are not satellites or agents of the Centre. Within the" +"sphere allotted to them, the states are supreme. The fact that" +"during emergency and in certain other eventualities their powers" +"are overridden or invaded by the Centre is not destructive of the" +"essential federal feature of the Constitution. They are exceptions" +"and the exceptions are not a rule. Let it be said that the federalism" +"in the Indian Constitution is not a matter of administrative" +" convenience, but one of principle–the outcome of our own process" +"and a recognition of the ground realities”." +"In fact, the federalism in India represents a compromise between" +"the following two conflicting considerations17 :" +"(i) normal division of powers under which states enjoy autonom" +"within their own spheres; and" +"(ii) need for national integrity and a strong Union government unde" +"exceptional circumstances." +"The following trends in the working of Indian political system" +"reflects its federal spirit: (i) Territorial disputes between states, for" +"example, between Maharashtra and Karnataka over Belgaum; (ii)" +"Disputes between states over sharing of river water, for example," +"between Karnataka and Tamil Nadu over Cauvery Water; (iii) The" +"emergence of regional parties and their coming to power in states" +"like Andhra Pradesh, Tamil Nadu, etc.; (iv) The creation of new" +"states to fulfil the regional aspirations, for example, Mizoram or" +"Jharkhand; (v) Demand of the states for more financial grants from" +"the Centre to meet their developmental needs; (vi) Assertion of" +"autonomy by the states and their resistance to the interference from" +"the Centre; (vii) Supreme Court’s imposition of several procedural" +"limitations on the use of Article 356 (President’s Rule in the States)" +"by the Centre.18" +"" +"" +"NOTES AND REFERENCES" +"1. Constituent Assembly Debates, Volume VII, P. 43." +"2. The American Constitution originally consisted only 7" +"Articles, the Australian 128 and the Canadian 147." +"3. The various amendments carried out since 1951 have" +"deleted about 20 Articles and one Part (VII) and added" +"about 95 Articles, four Parts (IVA, IXA, IXB and XIVA) and" +"four Schedules (9,10,11 and 12)." +"4. A majority of 2/3 of the members of each House present" +"and voting and a majority of the total membership of each" +"House." +"5. Till 2019, the erstwhile state of Jammu and Kashmir" +"enjoyed a special status by virtue of Article 370 of the" +"Constitution of India." +" 6. K.C. Wheare: Federal Government, 1951, P. 28." +"6a. In 2015, the Planning Commission was replaced by a" +"new body called NITI Aayog (National Institution for" +"Transforming India)." +"7. K. Santhanam: Union-State Relations in India, 1960, PP." +"50–70." +"8. Paul Appleby: Public Administration in India, 1953, P. 51." +"9. Morris Jones: The Government and Politics in India," +"1960, P. 14." +"10. Ivor Jennings: Some Characteristics of the Indian" +"Constitution, 1953, P. 1." +"11. C.H. Alexandrowicz: Constitutional Development in India," +"1957, PP. 157–70." +"12. Granville Austin: The Indian Constitution–Cornerstone of" +"a Nation, Oxford, 1966, PP. 186–88." +"13. Constituent Assembly Debates, Vol. VIII, P. 33." +"14. Ibid, Vol.VII, PP. 33–34." +"15. Dr. B.R. Ambedkar’s speech in the Constituent Assembly" +"on 25.11.1949 reproduced in The Constitution and the" +"Constituent Assembly; Lok Sabha Secretariat, 1990, P." +"176" +"16. S.R. Bommai v. Union of India (1994)." +"17. Subash C. Kashyap: Our Parliament, National Book" +"Trust, 1999 Edition, P. 40." +"18. S.R. Bommai v. Union of India (1994). For the details of" +"the judgement, see “President’s Rule” in Chapter 16." +" 14 Centre-State Relations" +"" +"" +"" +"" +"T" +"he Constitution of India, being federal in structure, divides all" +"powers (legislative, executive and financial) between the" +"Centre and the states. However, there is no division of judicial" +"power as the Constitution has established an integrated judicial" +"system to enforce both the Central laws as well as state laws." +"Though the Centre and the states are supreme in their respective" +"fields, the maximum harmony and coordination between them is" +"essential for the effective operation of the federal system. Hence, the" +"Constitution contains elaborate provisions to regulate the various" +"dimensions of the relations between the Centre and the states." +"The Centre-state relations can be studied under three heads:" +"• Legislative relations." +"• Administrative relations." +"• Financial relations." +" LEGISLATIVE RELATIONS" +"Articles 245 to 255 in Part XI of the Constitution deal with the" +"legislative relations between the Centre and the states. Besides these," +"there are some other articles dealing with the same subject." +"Like any other Federal Constitution, the Indian Constitution also" +"divides the legislative powers between the Centre and the states with" +"respect to both the territory and the subjects of legislation. Further, the" +"Constitution provides for the parliamentary legislation in the state field" +"under five extraordinary situations as well as the centre’s control over" +"state legislation in certain cases. Thus, there are four aspects in the" +"Centre-states legislative relations, viz.," +"• Territorial extent of Central and state legislation;" +"• Distribution of legislative subjects;" +"• Parliamentary legislation in the state field; and" +"• Centre’s control over state legislation." +"" +"1. Territorial Extent of Central and State Legislation" +"The Constitution defines the territorial limits of the legislative powers" +"vested in the Centre and the states in the following way:" +"(i) The Parliament can make laws for the whole or any part of the" +"territory of India. The territory of India includes the states, the" +"union territories, and any other area for the time being included in" +"the territory of India." +"(ii) A state legislature can make laws for the whole or any part of the" +"state. The laws made by a state legislature are not applicable" +"outside the state, except when there is a sufficient nexus between" +"the state and the object." +"(iii) The Parliament alone can make ‘extraterritorial legislation’. Thus," +"the laws of the Parliament are also applicable to the Indian" +"citizens and their property in any part of the world." +"However, the Constitution places certain restrictions on the plenary" +"territorial jurisdiction of the Parliament. In other words, the laws of" +"Parliament are not applicable in the following areas:" +"(i) The President can make regulations for the peace, progress and" +"good government of the five Union Territories– the Andaman and" +"Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman" +"and Diu and Ladakh. A regulation so made has the same force" +" and effect as an act of Parliament. It may also repeal or amend" +"any act of Parliament in relation to these union territories." +"(ii) The governor is empowered to direct that an act of Parliament" +"does not apply to a scheduled area in the state or apply with" +"specified modifications and exceptions." +"(iii) The Governor of Assam may likewise direct that an act of" +"Parliament does not apply to a tribal area (autonomous district) in" +"the state or apply with specified modifications and exceptions." +"The President enjoys the same power with respect to tribal areas" +"(autonomous districts) in Meghalaya, Tripura and Mizoram." +"" +"2. Distribution of Legislative Subjects" +"The Constitution provides for a three-fold distribution of legislative" +"subjects between the Centre and the states, viz., List-I (the Union" +"List), List-II (the State List) and List-III (the Concurrent List) in the" +"Seventh Schedule:" +"(i) The Parliament has exclusive powers to make laws with respect" +"to any of the matters enumerated in the Union List. This list has at" +"present 98 subjects (originally 971 subjects) like defence," +"banking, foreign affairs, currency, atomic energy, insurance," +"communication, inter-state trade and commerce, census, audit" +"and so on." +"(ii) The state legislature has “in normal circumstances” exclusive" +"powers to make laws with respect to any of the matters" +"enumerated in the State List. This has at present 59 subjects" +"(originally 662 subjects) like public order, police, public health and" +"sanitation, agriculture, prisons, local government, fisheries," +"markets, theaters, gambling and so on." +"(iii) Both, the Parliament and state legislature can make laws with" +"respect to any of the matters enumerated in the Concurrent List." +"This list has at present 52 subjects (originally 473 subjects) like" +"criminal law and procedure, civil procedure, marriage and divorce," +"population control and family planning, electricity, labour welfare," +"economic and social planning, drugs, newspapers, books and" +"printing press, and others. The 42nd Amendment Act of 1976" +"transferred five subjects to Concurrent List from State List, that is," +"(a) education, (b) forests, (c) weights and measures, (d)" +"protection of wild animals and birds, and (e) administration of" +"justice; constitution and organisation of all courts except the" +"Supreme Court and the high courts." +" (iv) Parliament has power to make laws with respect to any matter for" +"any part of the territory of India not included in a state even" +"though that matter is one which is enumerated in the State List." +"This provision has reference to the Union Territories or the" +"Acquired Territories (if any)." +"(v) The 101st Amendment Act of 2016 has made a special provision" +"with respect to goods and services tax. Accordingly, the" +"Parliament and the state legislature have power to make laws" +"with respect to goods and services tax imposed by the Union or" +"by the State. Further, the parliament has exclusive power to make" +"laws with respect to goods and services tax where the supply of" +"goods or services or both takes place in the course of inter-state" +"trade or commerce." +"(vi) The power to make laws with respect to residuary subjects (i.e.," +"the matters which are not enumerated in any of the three lists) is" +"vested in the Parliament. This residuary power of legislation" +"includes the power to levy residuary taxes." +"From the above scheme, it is clear that the matters of national" +"importance and the matters which require uniformity of legislation" +"nationwide are included in the Union List. The matters of regional and" +"local importance and the matters which permit diversity of interest are" +"specified in the State List. The matters on which uniformity of" +"legislation throughout the country is desirable but not essential are" +"enumerated in the concurrent list. Thus, it permits diversity along with" +"uniformity." +"In US, only the powers of the Federal Government are enumerated" +"in the Constitution and the residuary powers are left to the states. The" +"Australian Constitution followed the American pattern of single" +"enumeration of powers. In Canada, on the other hand, there is a" +"double enumeration– Federal and Provincial, and the residuary" +"powers are vested in the Centre." +"The Government of India Act of 1935 provided for a three-fold" +"enumeration, viz., federal, provincial and concurrent. The present" +"Constitution follows the scheme of this act but with one difference, that" +"is, under this act, the residuary powers were given neither to the" +"federal legislature nor to the provincial legislature but to the governor-" +"general of India. In this respect, India follows the Canadian precedent." +"The Constitution expressly secures the predominance of the Union" +"List over the State List and the Concurrent List and that of the" +"Concurrent List over the State List. Thus, in case of overlapping" +" between the Union List and the State List, the former should prevail. In" +"case of overlapping between the Union List and the Concurrent List, it" +"is again the former which should prevail. Where there is a conflict" +"between the Concurrent List and the State List, it is the former that" +"should prevail." +"In case of a conflict between the Central law and the state law on a" +"subject enumerated in the Concurrent List, the Central law prevails" +"over the state law. But, there is an exception. If the state law has been" +"reserved for the consideration of the president and has received his" +"assent, then the state law prevails in that state. But, it would still be" +"competent for the Parliament to override such a law by subsequently" +"making a law on the same matter." +"" +"3. Parliamentary Legislation in the State Field" +"The above scheme of distribution of legislative powers between the" +"Centre and the states is to be maintained in normal times. But, in" +"abnormal times, the scheme of distribution is either modified or" +"suspended. In other words, the Constitution empowers the Parliament" +"to make laws on any matter enumerated in the State List under the" +"following five extraordinary circumstances:" +"" +"When Rajya Sabha Passes a Resolution" +"If the Rajya Sabha declares that it is necessary in the national interest" +"that Parliament should make laws with respect to goods and services" +"tax3a or a matter in the State List, then the Parliament becomes" +"competent to make laws on that matter. Such a resolution must be" +"supported by two-thirds of the members present and voting. The" +"resolution remains in force for one year; it can be renewed any" +"number of times but not exceeding one year at a time. The laws cease" +"to have effect on the expiration of six months after the resolution has" +"ceased to be in force." +"This provision does not restrict the power of a state legislature to" +"make laws on the same matter. But, in case of inconsistency between" +"a state law and a parliamentary law, the latter is to prevail." +"" +"During a National Emergency" +"The Parliament acquires the power to legislate with respect to goods" +"and services tax3b or matters in the State List, while a proclamation of" +"national emergency is in operation. The laws become inoperative on" +" the expiration of six months after the emergency has ceased to" +"operate." +"Here also, the power of a state legislature to make laws on the" +"same matter is not restricted. But, in case of repugnancy between a" +"state law and a parliamentary law, the latter is to prevail." +"" +"When States Make a Request" +"When the legislatures of two or more states pass resolutions" +"requesting the Parliament to enact laws on a matter in the State List," +"then the Parliament can make laws for regulating that matter. A law so" +"enacted applies only to those states which have passed the" +"resolutions. However, any other state may adopt it afterwards by" +"passing a resolution to that effect in its legislature. Such a law can be" +"amended or repealed only by the Parliament and not by the" +"legislatures of the concerned states." +"The effect of passing a resolution under the above provision is that" +"the Parliament becomes entitled to legislate with respect to a matter" +"for which it has no power to make a law. On the other hand, the state" +"legislature ceases to have the power to make a law with respect to" +"that matter. The resolution operates as abdication or surrender of the" +"power of the state legislature with respect to that matter and it is" +"placed entirely in the hands of Parliament which alone can then" +"legislate with respect to it." +"Some examples of laws passed under the above provision are" +"Prize Competition Act, 1955; Wild Life (Protection) Act, 1972; Water" +"(Prevention and Control of Pollution) Act, 1974; Urban Land (Ceiling" +"and Regulation) Act, 1976; and Transplantation of Human Organs Act," +"1994" +"" +"To Implement International Agreements" +"The Parliament can make laws on any matter in the State List for" +"implementing the international treaties, agreements or conventions." +"This provision enables the Central government to fulfil its international" +"obligations and commitments." +"Some examples of laws enacted under the above provision are" +"United Nations (Privileges and Immunities) Act, 1947; Geneva" +"Convention Act, 1960; Anti-Hijacking Act, 1982 and legislations" +"relating to environment and TRIPS." +"" +"During President’s Rule" +" When the President’s rule is imposed in a state, the Parliament" +"becomes empowered to make laws with respect to any matter in the" +"State List in relation to that state. A law made so by the Parliament" +"continues to be operative even after the president’s rule. This means" +"that the period for which such a law remains in force is not" +"coterminous with the duration of the President’s rule. But, such a law" +"can be repealed or altered or re-enacted by the state legislature." +"" +"4. Centre’s Control Over State Legislation" +"Besides the Parliament’s power to legislate directly on the state" +"subjects under the exceptional situations, the Constitution empowers" +"the Centre to exercise control over the state’s legislative matters in the" +"following ways:" +"(i) The governor can reserve certain types of bills passed by the" +"state legislature for the consideration of the President. The" +"president enjoys absolute veto over them." +"(ii) Bills on certain matters enumerated in the State List can be" +"introduced in the state legislature only with the previous sanction" +"of the president. (For example, the bills imposing restrictions on" +"the freedom of trade and commerce)." +"(iii) The Centre can direct the states to reserve money bills and other" +"financial bills passed by the state legislature for the President’s" +"consideration during a financial emergency." +"From the above, it is clear that the Constitution has assigned a" +"position of superiority to the Centre in the legislative sphere. In this" +"context, the Sarkaria Commission on Centre-State Relations (1983–" +"88) observed: “The rule of federal supremacy is a technique to avoid" +"absurdity, resolve conflict and ensure harmony between the Union and" +"state laws. If this principle of union supremacy is excluded, it is not" +"difficult to imagine its deleterious results. There will be every" +"possibility of our two-tier political system being stultified by" +"interference, strife, legal chaos and confusion caused by a host of" +"conflicting laws, much to the bewilderment of the common citizen." +"Integrated legislative policy and uniformity on basic issues of common" +"Union-state concern will be stymied. The federal principle of unity in" +"diversity will be very much a casualty. This rule of federal supremacy," +"therefore, is indispensable for the successful functioning of the federal" +"system”.4" +" ADMINISTRATIVE RELATIONS" +"" +"Articles 256 to 263 in Part XI of the Constitution deal with the" +"administrative relations between the Centre and the states. In" +"addition, there are various other articles pertaining to the same matter." +"" +"Distribution of Executive Powers" +"The executive power has been divided between the Centre and the" +"states on the lines of the distribution of legislative powers, except in" +"few cases. Thus, the executive power of the Centre extends to the" +"whole of India: (i) to the matters on which the Parliament has" +"exclusive power of legislation (i.e., the subjects enumerated in the" +"Union List); and (ii) to the exercise of rights, authority and jurisdiction" +"conferred on it by any treaty or agreement. Similarly, the executive" +"power of a state extends to its territory in respect of matters on which" +"the state legislature has exclusive power of legislation (i.e., the" +"subjects enumerated in the State List)." +"In respect of matters on which both the Parliament and the state" +"legislatures have power of legislation (i.e., the subjects enumerated in" +"the Concurrent List), the executive power rests with the states except" +"when a Constitutional provision or a parliamentary law specifically" +"confers it on the Centre. Therefore, a law on a concurrent subject," +"though enacted by the Parliament, is to be executed by the states" +"except when the Constitution or the Parliament has directed" +"otherwise.5" +"" +"Obligation of States and the Centre" +"The Constitution has placed two restrictions on the executive power of" +"the states in order to give ample scope to the Centre for exercising its" +"executive power in an unrestricted manner. Thus, the executive power" +"of every state is to be exercised in such a way (a) as to ensure" +"compliance with the laws made by the Parliament and any existing law" +"which apply in the state; and (b) as not to impede or prejudice the" +"exercise of executive power of the Centre in the state. While the" +"former lays down a general obligation upon the state, the latter" +"imposes a specific obligation on the state not to hamper the executive" +"power of the Centre." +" Table 14.1 Articles Related to Centre-State Legislative Relations at a" +"Glance" +"Article No. Subject Matter" +"245. Extent of laws made by Parliament and by the" +"legislatures of states" +"246. Subject-matter of laws made by Parliament and by" +"the legislatures of states" +"246A. Special provision with respect to goods and" +"services tax" +"247. Power of Parliament to provide for the" +"establishment of certain additional courts" +"248. Residuary powers of legislation" +"249. Power of Parliament to legislate with respect to a" +"matter in the state list in the national interest" +"250. Power of Parliament to legislate with respect to" +"any matter in the state list if a Proclamation of" +"Emergency is in operation" +"251. Inconsistency between laws made by Parliament" +"under articles 249 and 250 and laws made by the" +"legislatures of states" +"252. Power of Parliament to legislate for two or more" +"states by consent and adoption of such legislation" +"by any other state" +"253. Legislation for giving effect to international" +"agreements" +"254. Inconsistency between laws made by Parliament" +"and laws made by the legislatures of states" +"255. Requirements as to recommendations and" +"previous sanctions to be regarded as matters of" +"procedure only" +"In both the cases, the executive power of the Centre extends to" +"giving of such directions to the state as are necessary for the purpose." +"The sanction behind these directions of the Centre is coercive in" +"nature. Thus, Article 365 says that where any state has failed to" +"comply with (or to give effect to) any directions given by the Centre, it" +"will be lawful for the President to hold that a situation has arisen in" +" which the government of the state cannot be carried on in accordance" +"with the provisions of the Constitution. It means that, in such a" +"situation, the President’s rule can be imposed in the state under" +"Article 356." +"" +"Centre’s Directions to the States" +"In addition to the above two cases, the Centre is empowered to give" +"directions to the states with regard to the exercise of their executive" +"power in the following matters:" +"(i) the construction and maintenance of means of communication" +"(declared to be of national or military importance) by the state;" +"(ii) the measures to be taken for the protection of the railways within" +"the state;" +"(iii) the provision of adequate facilities for instruction in the mother-" +"tongue at the primary stage of education to children belonging to" +"linguistic minority groups in the state; and" +"(iv) the drawing up and execution of the specified schemes for the" +"welfare of the Scheduled Tribes in the state." +"The coercive sanction behind the Central directions under Article" +"365 (mentioned above) is also applicable in these cases." +"" +"Mutual Delegation of Functions" +"The distribution of legislative powers between the Centre and the" +"states is rigid. Consequently, the Centre cannot delegate its legislative" +"powers to the states and a single state cannot request the Parliament" +"to make a law on a state subject. The distribution of executive power" +"in general follows the distribution of legislative powers. But, such a" +"rigid division in the executive sphere may lead to occasional conflicts" +"between the two. Hence, the Constitution provides for inter-" +"government delegation of executive functions in order to mitigate" +"rigidity and avoid a situation of deadlock." +"Accordingly, the President may, with the consent of the state" +"government, entrust to that government any of the executive functions" +"of the Centre. Conversely, the governor of a state may, with the" +"consent of the Central government, entrust to that government any of" +"the executive functions of the state.6 This mutual delegation of" +"administrative functions may be conditional or unconditional." +"The Constitution also makes a provision for the entrustment of the" +"executive functions of the Centre to a state without the consent of that" +" state. But, in this case, the delegation is by the Parliament and not by" +"the president. Thus, a law made by the Parliament on a subject of the" +"Union List can confer powers and impose duties on a state, or" +"authorise the conferring of powers and imposition of duties by the" +"Centre upon a state (irrespective of the consent of the state" +"concerned). Notably, the same thing cannot be done by the state" +"legislature." +"From the above, it is clear that the mutual delegation of functions" +"between the Centre and the state can take place either under an" +"agreement or by a legislation. While the Centre can use both the" +"methods, a state can use only the first method." +"" +"Cooperation Between the Centre and States" +"The Constitution contains the following provisions to secure" +"cooperation and coordination between the Centre and the states:" +"(i) The Parliament can provide for the adjudication of any dispute or" +"complaint with respect to the use, distribution and control of" +"waters of any inter-state river and river valley." +"(ii) The President can establish (under Article 263) an Inter-State" +"Council to investigate and discuss subject of common interest" +"between the Centre and the states. Such a council was set up in" +"1990.7" +"(iii) Full faith and credit is to be given throughout the territory of India" +"to public acts, records and judicial proceedings of the Centre and" +"every state." +"(iv) The Parliament can appoint an appropriate authority to carry out" +"the purposes of the constitutional provisions relating to the" +"interstate freedom of trade, commerce and intercourse. But, no" +"such authority has been appointed so far." +"" +"All-India Services" +"Like in any other federation, the Centre and the states also have their" +"separate public services called as the Central Services and the State" +"Services respectively. In addition, there are all-India services–IAS, IPS" +"and IFS. The members of these services occupy top positions (or key" +"posts) under both the Centre and the states and serve them by turns." +"But, they are recruited and trained by the Centre." +"These services are controlled jointly by the Centre and the states." +"The ultimate control lies with the Central government while the" +" immediate control vests with the state governments." +"In 1947, Indian Civil Service (ICS) was replaced by IAS and the" +"Indian Police (IP) was replaced by IPS and were recognised by the" +"Constitution as All-India Services. In 1966, the Indian Forest Service" +"(IFS) was created as the third All-India Service. Article 312 of the" +"Constitution authorises the Parliament to create new All-India Services" +"on the basis of a Rajya Sabha resolution to that effect." +"Each of these three all-India services, irrespective of their division" +"among different states, form a single service with common rights and" +"status and uniform scales of pay throughout the country." +"Though the all-India services violate the principle of federalism" +"under the Constitution by restricting the autonomy and patronage of" +"the states, they are supported on the ground that (i) they help in" +"maintaining high standard of administration in the Centre as well as in" +"the states; (ii) they help to ensure uniformity of the administrative" +"system throughout the country; and (iii) they facilitate liaison," +"cooperation, coordination and joint action on the issues of common" +"interest between the Centre and the states." +"While justifying the institution of all-India services in the Constituent" +"Assembly, Dr. B.R. Ambedkar observed that: “The dual polity which is" +"inherent in a federal system is followed in all federations by a dual" +"service. In all federations, there is a Federal Civil Service and a State" +"Civil Service. The Indian federation, though a dual polity, will have a" +"dual service, but with one exception. It is recognised that in every" +"country there are certain posts in its administrative set up which might" +"be called strategic from the point of view of maintaining the standard" +"of administration. There can be no doubt that the standard of" +"administration depends upon the calibre of the civil servants who are" +"appointed to the strategic posts. The Constitution provides that without" +"depriving the states of their rights to form their own civil services, there" +"shall be an all-India service, recruited on an allIndia basis with" +"common qualifications, with uniform scale of pay and members of" +"which alone could be appointed to those strategic posts throughout" +"the Union”.8" +"" +"Public Service Commissions" +"In the field of public service commissions, the Centre-state relations" +"are as follows:" +"(i) The Chairman and members of a state public service" +"commission, though appointed by the governor of the state, can" +" be removed only by the President." +"(ii) The Parliament can establish a Joint State Public Service" +"Commission (JSPSC) for two or more states on the request of the" +"state legislatures concerned. The chairman and members of the" +"JSPSC are appointed by the president." +"(iii) The Union Public Service Commission (UPSC) can serve the" +"needs of a state on the request of the state governor and with the" +"approval of the President." +"(iv) The UPSC assists the states (when requested by two or more" +"states) in framing and operating schemes of joint recruitment for" +"any services for which candidates possessing special" +"qualifications are required." +"" +"Integrated Judicial System" +"Though India has a dual polity, there is no dual system of" +"administration of justice. The Constitution, on the other hand," +"established an integrated judicial system with the Supreme Court at" +"the top and the state high courts below it. This single system of courts" +"enforces both the Central laws as well as the state laws. This is done" +"to eliminate diversities in the remedial procedure." +"The judges of a state high court are appointed by the president in" +"consultation with the Chief Justice of India and the governor of the" +"state. They can also be transferred and removed by the president." +"The Parliament can establish a common high court for two or more" +"states. For example, Maharashtra and Goa or Punjab and Haryana" +"have a common high court." +"" +"Relations During Emergencies" +"(i) During the operation of a national emergency (under Article 352)," +"the Centre becomes entitled to give executive directions to a state" +"on ‘any’ matter. Thus, the state governments are brought under" +"the complete control of the Centre, though they are not" +"suspended." +"(ii) When the President’s Rule is imposed in a state (under Article" +"356), the President can assume to himself the functions of the" +"state government and powers vested in the Governor or any other" +"executive authority in the state." +"(iii) During the operation of a financial emergency (under Article 360)," +"the Centre can direct the states to observe canons of financial" +" propriety and can give other necessary directions including the" +"reduction of salaries of persons serving in the state." +"" +"Other Provisions" +"The Constitution contains the following other provisions which enable" +"the Centre to exercise control over the state administration:" +"(i) Article 355 imposes two duties on the Centre: (a) to protect every" +"state against external aggression and internal disturbance; and" +"(b) to ensure that the government of every state is carried on in" +"accordance with the provisions of the Constitution." +"(ii) The governor of a state is appointed by the president. He holds" +"office during the pleasure of the President. In addition to the" +"Constitutional head of the state, the governor acts as an agent of" +"the Centre in the state. He submits periodical reports to the" +"Centre about the administrative affairs of the state." +"(iii) The state election commissioner, though appointed by the" +"governor of the state, can be removed only by the President." +"" +"Extra-Constitutional Devices" +"In addition to the above-mentioned constitutional devices, there are" +"extra-constitutional devices to promote cooperation and coordination" +"between the Centre and the states. These include a number of" +"advisory bodies and conferences held at the Central level." +"The non-constitutional advisory bodies include the NITI Ayog" +"(which succeeded the planning commission),9 the National Integration" +"Council,10 the Central Council of Health and Family Welfare, the" +"Central Council of Local Government, the Zonal Councils,11 the North-" +"Eastern Council, the Central Council of Indian Medicine, the Central" +"Council of Homoeopathy, the Transport Development Council, the" +"University Grants Commission and so on." +"The important conferences held either annually or otherwise to" +"facilitate Centrestate consultation on a wide range of matters are as" +"follows: (i) The governors’ conference (presided over by the" +"President). (ii) The chief ministers’ conference (presided over by the" +"prime minister). (iii) The chief secretaries’ conference (presided over" +"by the cabinet secretary). (iv) The conference of inspector-general of" +"police. (v) The chief justices’ conference (presided over by the chief" +"justice of India). (vi) The conference of vice-chancellors. (vii) The" +"home ministers’ conference (presided over by the Central home" +" minister). (viii) The law ministers’ conference (presided over by the" +"Central law minister)." +" FINANCIAL RELATIONS" +"" +"Articles 268 to 293 in Part XII of the Constitution deal with Centre-" +"state financial relations. Besides these, there are other provisions" +"dealing with the same subject. These together can be studied under" +"the following heads:" +"" +"Allocation of Taxing Powers" +"The Constitution divides the taxing powers between the Centre and" +"the states in the following way:" +"• The Parliament has exclusive power to levy taxes on subjects" +"enumerated in the Union List (which are 13 in number12 )." +"• The state legislature has exclusive power to levy taxes on" +"subjects enumerated in the State List (which are 18 in number13" +")." +"• There are no tax entries in the Concurrent List. In other words," +"the concurrent jurisdiction is not available with respect to tax" +"legislation. But, the 101st Amendment Act of 2016 has made an" +"exception by making a special provision with respect to goods" +"and services tax. This Amendment has conferred concurrent" +"power upon Parliament and State Legislatures to make laws" +"governing goods and services tax14 ." +"• The residuary power of taxation (that is, the power to impose" +"taxes not enumerated in any of the three lists) is vested in the" +"Parliament. Under this provision, the Parliament has imposed gift" +"tax, wealth tax and expenditure tax." +"" +"Table 14.2 Articles Related to Centre-State Administrative Relations" +"at a Glance" +"Article No. Subject Matter" +"256. Obligation of states and the Union" +"257. Control of the Union over states in certain cases" +"257A. Assistance to states by deployment of armed" +"forces or other forces of the Union (Repealed)" +"258. Power of the Union to confer powers, etc., on" +"states in certain cases" +" 258A. Power of the states to entrust functions to the" +"Union" +"259. Armed Forces in states in Part B of the First" +"Schedule (Repealed)" +"260. Jurisdiction of the Union in relation to territories" +"outside India" +"261. Public acts, records and judicial proceedings" +"262. Adjudication of disputes relating to waters of inter-" +"state rivers or river valleys" +"263. Provisions with respect to an inter-state Council" +"" +"The Constitution also draws a distinction between the power to levy" +"and collect a tax and the power to appropriate the proceeds of the tax" +"so levied and collected. For example, the income-tax is levied and" +"collected by the Centre but its proceeds are distributed between the" +"Centre and the states." +"Further, the Constitution has placed the following restrictions on the" +"taxing powers of the states:" +"(i) A state legislature can impose taxes on professions, trades," +"callings and employments. But, the total amount of such taxes" +"payable by any person should not exceed ₹2,500 per annum.15" +"(ii) A state legislature is prohibited from imposing a tax on the supply" +"of goods or services or both in the following two cases : (a) where" +"such supply takes place outside the state; and (b) where such" +"supply takes place in the course of import or export. Further, the" +"Parliament is empowered to formulate the principles for" +"determining when a supply of goods or services or both takes" +"place outside the state, or in the course of import or export16 ." +"(iii) A state legislature can impose tax on the consumption or sale of" +"electricity. But, no tax can be imposed on the consumption or sale" +"of electricity which is (a) consumed by the Centre or sold to the" +"Centre; or (b) consumed in the construction, maintenance or" +"operation of any railway by the Centre or by the concerned" +"railway company or sold to the Centre or the railway company for" +"the same purpose." +"(iv) A state legislature can impose a tax in respect of any water or" +"electricity stored, generated, consumed, distributed or sold by any" +"authority established by Parliament for regulating or developing" +"any inter-state river or river valley. But, such a law, to be effective," +" should be reserved for the president’s consideration and receive" +"his assent." +"" +"Distribution of Tax Revenues" +"The 80th Amendment Act of 2000 and the 101st Amendment Act of" +"2016 have introduced major changes in the scheme of the distribution" +"of tax revenues between the centre and the states." +"The 80th Amendment was enacted to give effect to the" +"recommendations of the 10th Finance Commission. The Commission" +"recommended that out of the total income obtained from certain" +"central taxes and duties, 29% should go to the states. This is known" +"as the ‘Alternative Scheme of Devolution’ and came into effect" +"retrospectively from April 1, 1996. This amendment has brought" +"several central taxes and duties like Corporation Tax and Customs" +"Duties at par with Income Tax (taxes on income other than agricultural" +"income) as far as their constitutionally mandated sharing with the" +"states is concerned.17" +"The 101st Amendment has paved the way for the introduction of a" +"new tax regime (i.e., goods and services tax - GST) in the country." +"Accordingly, the Amendment conferred concurrent taxing powers upon" +"the Parliament and the State Legislatures to make laws for levying" +"GST on every transaction of supply of goods or services or both. The" +"GST replaced a number of indirect taxes levied by the Union and the" +"State Governments and is intended to remove cascading effect of" +"taxes and provide for a common national market for goods and" +"services. The Amendment provided for subsuming of various central" +"indirect taxes and levies such as (i) Central Excise Duty, (ii) Additional" +"Excise Duties, (iii) Excise Duty levied under the Medicinal and Toilet" +"Preparations (Excise Duties) Act, 1955, (iv) Service Tax, (v) Additional" +"Customs Duty commonly known as Countervailing Duty, (vi) Special" +"Additional Duty of Customs, and (vii) Central Surcharges and Cesses" +"so far as they related to the supply of goods and services. Similarly," +"the Amendment provided for subsuming of (i) State Value Added Tax /" +"Sales Tax, (ii) Entertainment Tax (other than the tax levied by the local" +"bodies), (iii) Central Sales Tax (levied by the Centre and collected by" +"the States), (iv) Octroi and Entry Tax, (v) Purchase Tax, (vi) Luxury" +"Tax, (vii) Taxes on lottery, betting and gambling, and (viii) State" +"Surcharges and Cesses in so far as they related to the supply of" +"goods and services. Further, the Amendment deleted Article 268-A as" +" well as Entry 92-C in the Union List, both were dealing with service" +"tax. They were added earlier by the 88th Amendment Act of 2003. The" +"service tax was levied by the Centre but collected and appropriated by" +"both the Centre and the States." +"After the above two amendments (i.e., 80th Amendment and 101st" +"Amendment), the present position with respect to the distribution of" +"tax revenues between the centre and the states is as follows:" +"A. Taxes Levied by the Centre but Collected and Appropriated by" +"the States (Article 268): This category includes the stamp duties on" +"bills of exchange, cheques, promissory notes, policies of insurance," +"transfer of shares and others." +"The proceeds of these duties levied within any state do not form a" +"part of the Consolidated Fund of India, but are assigned to that state." +"B. Taxes Levied and Collected by the Centre but Assigned to the" +"States (Article 269): The following taxes fall under this category:" +"(i) Taxes on the sale or purchase of goods (other than newspapers)" +"in the course of inter-state trade or commerce." +"(ii) Taxes on the consignment of goods in the course of inter-state" +"trade or commerce." +"The net proceeds of these taxes do not form a part of the" +"Consolidated Fund of India. They are assigned to the concerned" +"states in accordance with the principles laid down by the Parliament." +"C. Levy and Collection of Goods and Services Tax in Course of" +"Inter-State Trade or Commerce (Article 269-A): The Goods and" +"Services Tax (GST) on supplies in the course of inter-state trade or" +"commerce are levied and collected by the Centre. But, this tax is" +"divided between the Centre and the States in the manner provided by" +"Parliament on the recommendations of the GST Council. Further, the" +"Parliament is also authorized to formulate the principles for" +"determining the place of supply, and when a supply of goods or" +"services or both takes place in the course of inter-state trade or" +"commerce." +"D. Taxes Levied and Collected by the Centre but Distributed" +"between the Centre and the States (Article 270): This category" +"includes all taxes and duties referred to in the Union List except the" +"following:" +"(i) Duties and taxes referred to in Articles 268, 269 and 269-A" +"(mentioned above);" +"(ii) Surcharge on taxes and duties referred to in Article 271" +" (mentioned below); and" +"(iii) Any cess levied for specific purposes." +"The manner of distribution of the net proceeds of these taxes and" +"duties is prescribed by the President on the recommendation of the" +"Finance Commission." +"E. Surcharge on Certain Taxes and Duties for Purposes of the" +"Centre (Article 271): The Parliament can at any time levy the" +"surcharges on taxes and duties referred to in Articles 269 and 270" +"(mentioned above). The proceeds of such surcharges go to the Centre" +"exclusively. In other words, the states have no share in these" +"surcharges." +"However, the Goods and Services Tax (GST) is exempted from this" +"surcharge. In other words, this surcharge can not be imposed on the" +"GST." +"F. Taxes Levied and Collected and Retained by the States: These" +"are the taxes belonging to the states exclusively. They are" +"enumerated in the state list and are 18 in number. These are18 : (i)" +"land revenue; (ii) taxes on agricultural income; (iii) duties in respect of" +"succession to agricultural land; (iv) estate duty in respect of" +"agricultural land; (v) taxes on lands and buildings; (vi) taxes on" +"mineral rights; (vii) Duties of excise on alcoholic liquors for human" +"consumption; opium, Indian hemp and other narcotic drugs and" +"narcotics, but not including medicinal and toilet preparations" +"containing alcohol or narcotics; (viii) taxes on the consumption or sale" +"or electricity; (ix) taxes on the sale of petroleum crude, high speed" +"diesel, motor spirit (commonly known as petrol), natural gas, aviation" +"turbine fuel and alcoholic liquor for human consumption, but not" +"including sale in the course of inter-state trade or commerce or sale in" +"the course of international trade or commerce of such goods; (x) taxes" +"on goods and passengers carried by road or inland waterways; (xi)" +"taxes on vehicles; (xii) taxes on animals and boats; (xiii) tolls; (xiv)" +"taxes on professions, trades, callings and employments; (xv)" +"capitation taxes; (xvi) taxes on entertainments and amusements to the" +"extent levied and collected by a Panchayat or a Municipality or a" +"Regional Council or a District Council; (xvii) stamp duty on documents" +"(except those specified in the Union List); and (xviii) fees on the" +"matters enumerated in the State List (except court fees)." +"" +"Distribution of Non-tax Revenues" +" A. The Centre" +"The receipts from the following form the major sources of non-tax" +"revenues of the Centre: (i) posts and telegraphs; (ii) railways; (iii)" +"banking; (iv) broadcasting (v) coinage and currency; (vi) central public" +"sector enterprises; (vii) escheat and lapse;19 and (viii) others." +"" +"B. The States" +"The receipts from the following form the major sources of non-tax" +"revenues of the states: (i) irrigation; (ii) forests; (iii) fisheries; (iv) state" +"public sector enterprises; (v) escheat and lapse;20 and (vi) others." +"" +"Grants-in-Aid to the States" +"Besides sharing of taxes between the Centre and the states, the" +"Constitution provides for grants-in-aid to the states from the Central" +"resources. There are two types of grants-in-aid, viz, statutory grants" +"and discretionary grants:" +"" +"Statutory Grants" +"Article 275 empowers the Parliament to make grants to the states" +"which are in need of financial assistance and not to every state. Also," +"different sums may be fixed for different states. These sums are" +"charged on the Consolidated Fund of India every year." +"Apart from this general provision, the Constitution also provides for" +"specific grants for promoting the welfare of the scheduled tribes in a" +"state or for raising the level of administration of the scheduled areas in" +"a state including the State of Assam." +"The statutory grants under Article 275 (both general and specific)" +"are given to the states on the recommendation of the Finance" +"Commission." +"" +"Discretionary Grants" +"Article 282 empowers both the Centre and the states to make any" +"grants for any public purpose, even if it is not within their respective" +"legislative competence. Under this provision, the Centre makes grants" +"to the states." +"“These grants are also known as discretionary grants, the reason" +"being that the Centre is under no obligation to give these grants and" +"the matter lies within its discretion. These grants have a two-fold" +"purpose: to help the state financially to fulfil plan targets; and to give" +" some leverage to the Centre to influence and coordinate state action" +"to effectuate the national plan.”21" +"" +"Other Grants" +"The Constitution also provided for a third type of grants-in-aid, but for" +"a temporary period. Thus, a provision was made for grants in lieu of" +"export duties on jute and jute products to the States of Assam, Bihar," +"Orissa and West Bengal. These grants were to be given for a period" +"of ten years from the commencement of the Constitution. These sums" +"were charged on the Consolidated Fund of India and were made to" +"the states on the recommendation of the Finance Commission." +"" +"Goods and Services Tax Council" +"The smooth and efficient administration of the goods and services tax" +"(GST) requires a co-operation and co-ordination between the Centre" +"and the States. In order to facilitate this consultation process, the" +"101st Amendment Act of 2016 provided for the establishment of a" +"Goods and Services Tax Council or the GST Council." +"Article 279-A empowered the President to constitute a GST Council" +"by an order22. The Council is a joint forum of the Centre and the" +"States. It is required to make recommendations to the Centre and the" +"States on the following matters:" +"(a) The taxes, cesses and surcharges levied by the Centre, the" +"States and the local bodies that would get merged in GST." +"(b) The goods and services that may be subjected to GST or" +"exempted from GST." +"(c) Model GST Laws, principles of levy, apportionment of GST levied" +"on supplies in the course of inter-state trade or commerce and" +"the principles that govern the place of supply." +"(d) The threshold limit of turnover below which goods and services" +"may be exempted from GST." +"(e) The rates including floor rates with bands of GST." +"(f) Any special rate or rates for a specified period to raise additional" +"resources during any natural calamity or disaster." +"" +"Finance Commission" +"Article 280 provides for a Finance Commission as a quasi-judicial" +"body. It is constituted by the President every fifth year or even earlier." +" It is required to make recommendations to the President on the" +"following matters:" +"• The distribution of the net proceeds of taxes to be shared" +"between the Centre and the states, and the allocation between" +"the states, the respective shares of such proceeds." +"• The principles which should govern the grants-in-aid to the states" +"by the Centre (i.e., out of the Consolidated Fund of India)." +"• The measures needed to augment the Consolidated fund of a" +"state to supplement the resources of the panchayats and the" +"municipalities in the state on the basis of the recommendations" +"made by the State Finance Commission.23" +"• Any other matter referred to it by the President in the interests of" +"sound finance." +"Till 1960, the Commission also suggested the amounts paid to the" +"States of Assam, Bihar, Orissa and West Bengal in lieu of assignment" +"of any share of the net proceeds in each year of export duty on jute" +"and jute products." +"The Constitution envisages the Finance Commission as the" +"balancing wheel of fiscal federalism in India." +"" +"Protection of the States’ Interest" +"To protect the interest of states in the financial matters, the" +"Constitution lays down that the following bills can be introduced in the" +"Parliament only on the recommendation of the President:" +"• A bill which imposes or varies any tax or duty in which states are" +"interested;" +"• A bill which varies the meaning of the expression ‘agricultural" +"income’ as defined for the purposes of the enactments relating to" +"Indian income tax;" +"• A bill which affects the principles on which moneys are or may be" +"distributable to states; and" +"• A bill which imposes any surcharge on any specified tax or duty" +"for the purpose of the Centre." +"The expression “tax or duty in which states are interested” means:" +"(a) a tax or duty the whole or part of the net proceeds whereof are" +"assigned to any state; or (b) a tax or duty by reference to the net" +"proceeds whereof sums are for the time being payable, out of the" +"Consolidated Fund of India to any state." +"The phrase ‘net proceeds’ means the proceeds of a tax or a duty" +"minus the cost of collection. The net proceeds of a tax or a duty in any" +" area is to be ascertained and certified by the Comptroller and Auditor-" +"General of India. His certificate is final." +"" +"Borrowing by the Centre and the States" +"The Constitution makes the following provisions with regard to the" +"borrowing powers of the Centre and the states:" +"• The Central government can borrow either within India or outside" +"upon the security of the Consolidated Fund of India or can give" +"guarantees, but both within the limits fixed by the Parliament. So" +"far, no such law has been enacted by the Parliament." +"• Similarly, a state government can borrow within India (and not" +"abroad) upon the security of the Consolidated Fund of the State" +"or can give guarantees, but both within the limits fixed by the" +"legislature of that state." +"• The Central government can make loans to any state or give" +"guarantees in respect of loans raised by any state. Any sums" +"required for the purpose of making such loans are to be charged" +"on the Consolidated Fund of India." +"• A state cannot raise any loan without the consent of the Centre, if" +"there is still outstanding any part of a loan made to the state by" +"the Centre or in respect of which a guarantee has been given by" +"the Centre." +"" +"Inter-Governmental Tax Immunities" +"Like any other federal Constitution, the Indian Constitution also" +"contain the rule of ‘immunity from mutual taxation’ and makes the" +"following provisions in this regard:" +"" +"Exemption of Central Property from State Taxation" +"The property of Centre is exempted from all taxes imposed by a state" +"or any authority within a state like municipalities, district boards," +"panchayats and so on. But, the Parliament is empowered to remove" +"this ban. The word ‘property’ includes lands, buildings, chattels," +"shares, debts, everything that has a money value, and every kind of" +"property–movable or immovable and tangible or intangible. Further," +"the property may be used for sovereign (like armed forces) or" +"commercial purposes." +"The corporations or the companies created by the Central" +"government are not immune from state taxation or local taxation. The" +" reason is that a corporation or a company is a separate legal entity." +"" +"Exemption of State Property or Income from Central Taxation" +"The property and income of a state is exempted from Central taxation." +"Such income may be derived from sovereign functions or commercial" +"functions. But the Centre can tax the commercial operations of a state" +"if Parliament so provides. However, the Parliament can declare any" +"particular trade or business as incidental to the ordinary functions of" +"the government and it would then not be taxable." +"Notably, the property and income of local authorities situated within" +"a state are not exempted from the Central taxation. Similarly, the" +"property or income of corporations and companies owned by a state" +"can be taxed by the Centre." +"The Supreme Court, in an advisory opinion24 (1963), held that the" +"immunity granted to a state in respect of Central taxation does not" +"extend to the duties of customs or duties of excise. In other words, the" +"Centre can impose customs duty on goods imported or exported by a" +"state, or an excise duty on goods produced or manufactured by a" +"state." +"" +"Effects of Emergencies" +"The Centre-state financial relations in normal times (described above)" +"undergo changes during emergencies. These are as follows:" +"" +"National Emergency" +"While the proclamation of national emergency (under Article 352) is in" +"operation, the president can modify the constitutional distribution of" +"revenues between the Centre and the states. This means that the" +"president can either reduce or cancel the transfer of finances (both tax" +"sharing and grants-in-aid) from the Centre to the states. Such" +"modification continues till the end of the financial year in which the" +"emergency ceases to operate." +"" +"Financial Emergency" +"While the proclamation of financial emergency (under Article 360) is in" +"operation, the Centre can give directions to the states: (i) to observe" +"the specified canons of financial propriety; (ii) to reduce the salaries" +"and allowances of all class of persons serving in the state; and (iii) to" +"reserve all money bills and other financial bills for the consideration of" +"the President." +" Table 14.3 Articles Related to Centre-State Financial Relations at a" +"Glance" +"Article No. Subject Matter" +"Distribution of Revenues between the Union and the States" +"268. Duties levied by the Union but collected and" +"appropriated by the states" +"268A. Service tax levied by Union and collected and" +"appropriated by the Union and the states" +"(Repealed)" +"269. Taxes levied and collected by the Union but" +"assigned to the states" +"269A. Levy and collection of goods and services tax in" +"course of inter-state trade or commerce" +"270. Taxes levied and distributed between the Union" +"and the states" +"271. Surcharge on certain duties and taxes for" +"purposes of the Union" +"272. Taxes which are levied and collected by the Union" +"and may be distributed between the Union and the" +"states (Repealed)" +"273. Grants in lieu of export duty on jute and jute" +"products" +"274. Prior recommendation of President required to bills" +"affecting taxation in which states are interested" +"275. Grants from the Union to certain states" +"276. Taxes on professions, trades, callings and" +"employments" +"277. Savings" +"278. Agreement with states in Part B of the First" +"Schedule with regard to certain financial matters" +"(Repealed)" +"279. Calculation of “net proceeds”, etc." +"279A. Goods and Services Tax Council" +"280. Finance Commission" +" 281. Recommendations of the Finance Commission" +"Miscellaneous Financial Provisions" +"282. Expenditure defrayable by the Union or a state out" +"of its revenues" +"283. Custody, etc., of Consolidated Funds, Contingency" +"Funds and moneys credited to the public accounts" +"284. Custody of suitors’ deposits and other moneys" +"received by public servants and courts" +"285. Exemption of property of the Union from state" +"taxation" +"286. Restrictions as to imposition of tax on the sale or" +"purchase of goods" +"287. Exemption from taxes on electricity" +"288. Exemption from taxation by states in respect of" +"water or electricity in certain cases" +"289. Exemption of property and income of a state from" +"Union taxation" +"290. Adjustment in respect of certain expenses and" +"pensions" +"290A. Annual payment to certain Devaswom Funds" +"291. Privy purse sums of Rulers (Repealed)" +"Borrowing" +"292. Borrowing by the Government of India" +"293. Borrowing by states" +" TRENDS IN CENTRE-STATE RELATIONS" +"" +"Till 1967, the centre-state relations by and large were smooth due to" +"one-party rule at the Centre and in most of the states. In 1967" +"elections, the Congress party was defeated in nine states and its" +"position at the Centre became weak. This changed political scenario" +"heralded a new era in the Centre-state relations. The non-Congress" +"Governments in the states opposed the increasing centralisation and" +"intervention of the Central government. They raised the issue of state" +"autonomy and demanded more powers and financial resources to the" +"states. This caused tensions and conflicts in Centre-state relations." +"" +"Tension Areas in Centre-State Relations" +"The issues which created tensions and conflicts between the Centre" +"and states are: (1) Mode of appointment and dismissal of governor;" +"(2) Discriminatory and partisan role of governors; (3) Imposition of" +"President’s Rule for partisan interests; (4) Deployment of Central" +"forces in the states to maintain law and order; (5) Reservation of state" +"bills for the consideration of the President; (6) Discrimination in" +"financial allocations to the states; (7) Role of Planning Commission in" +"approving state projects; (8) Management of All-India Services (IAS," +"IPS, and IFS); (9) Use of electronic media for political purposes; (10)" +"Appointment of enquiry commissions against the chief ministers; (11)" +"Sharing of finances (between Centre and states); and (12)" +"Encroachment by the Centre on the State List." +"The issues in Centre-State relations have been under consideration" +"since the mid 1960s. In this direction, the following developments" +"have taken place:" +"" +"Administrative Reforms Commission" +"The Central government appointed a six-member Administrative" +"Reforms Commission (ARC) in 1966 under the chairmanship of" +"Morarji Desai (followed by K Hanumanthayya). Its terms of references" +"included, among others, the examination of Centre-State relations. In" +"order to examine thoroughly the various issues in Centre-state" +"relations, the ARC constituted a study team under M.C. Setalvad. On" +"the basis of the report of this study team, the ARC finalised its own" +"report and submitted it to the Central government in 1969. It made 22" +" recommendations for improving the Centre-state relations. The" +"important recommendations are:" +"• Establishment of an Inter-State Council under Article 263 of the" +"Constitution." +"• Appointment of persons having long experience in public life and" +"administration and non-partisan attitude as governors." +"• Delegation of powers to the maximum extent to the states." +"• Transferring of more financial resources to the states to reduce" +"their dependency upon the Centre." +"• Deployment of Central armed forces in the states either on their" +"request or otherwise." +"No action was taken by the Central government on the" +"recommendations of the ARC." +"" +"Rajamannar Committee" +"In 1969, the Tamil Nadu Government (DMK) appointed a three-" +"member committee under the chairmanship of Dr. P.V. Rajamannar to" +"examine the entire question of Centre-state relations and to suggest" +"amendments to the Constitution so as to secure utmost autonomy to" +"the states.25 The committee submitted its report to the Tamil Nadu" +"Government in 1971." +"The Committee identified the reasons for the prevailing unitary" +"trends (tendencies of centralisation) in the country. They include: (i)" +"certain provisions in the Constitution which confer special powers on" +"the Centre; (ii) one-party rule both at the Centre and in the states; (iii)" +"inadequacy of states’ fiscal resources and consequent dependence" +"on the Centre for financial assistance; and (iv) the institution of Central" +"planning and the role of the Planning Commission." +"The important recommendations of the committee are as follows: (i)" +"An Inter-State Council should be set up immediately; (ii) Finance" +"Commission should be made a permanent body; (iii) Planning" +"Commission should be disbanded and its place should be taken by a" +"statutory body; (iv) Articles 356, 357 and 365 (dealing with President’s" +"Rule) should be totally omitted; (v) The provision that the state" +"ministry holds office during the pleasure of the governor should be" +"omitted; (vi) Certain subjects of the Union List and the Concurrent List" +"should be transferred to the State List; (vii) the residuary powers" +"should be allocated to the states; and (viii) All-India services (IAS, IPS" +"and IFS) should be abolished." +" The Central government completely ignored the recommendations" +"of the Rajamannar Committee." +"" +"Anandpur Sahib Resolution" +"In 1973, the Akali Dal adopted a resolution containing both political" +"and religious demands in a meeting held at Anandpur Sahib in" +"Punjab. The resolution, generally known as Anandpur Sahib" +"Resolution, demanded that the Centre’s jurisdiction should be" +"restricted only to defence, foreign affairs, communications, and" +"currency and the entire residuary powers should be vested in the" +"states. It stated that the Constitution should be made federal in the" +"real sense and should ensure equal authority and representation to all" +"the states at the Centre." +"" +"West Bengal Memorandum" +"In 1977, the West Bengal Government (led by the Communists)" +"published a memorandum on Centre-state relations and sent to the" +"Central government. The memorandum inter alia suggested the" +"following: (i) The word ‘union’ in the Constitution should be replaced" +"by the word ‘federal’; (ii) The jurisdiction of the Centre should be" +"confined to defence, foreign affairs, currency, communications and" +"economic co-ordination; (iii) All other subjects including the residuary" +"should be vested in the states; (iv) Articles 356 and 357 (President’s" +"Rule) and 360 (financial emergency) should be repealed; (v) State’s" +"consent should be made obligatory for formation of new states or" +"reorganisation of existing states; (vi) Of the total revenue raised by the" +"Centre from all sources, 75 per cent should be allocated to the states;" +"(vii) Rajya Sabha should have equal powers with that of the Lok" +"Sabha; and (viii) There should be only Central and state services and" +"the allIndia services should be abolished." +"The Central government did not accept the demands made in the" +"memorandum." +"" +"Sarkaria Commission" +"In 1983, the Central government appointed a three-member" +"Commission on Centrestate relations under the chairmanship of R.S." +"Sarkaria, a retired judge of the Supreme Court.26 The commission" +"was asked to examine and review the working of existing" +" arrangements between the Centre and states in all spheres and" +"recommend appropriate changes and measures. It was initially given" +"one year to complete its work, but its term was extended four times. It" +"submitted it’s report in 1988." +"The Commission did not favour structural changes and regarded" +"the existing constitutional arrangements and principles relating to the" +"institutions basically sound. But, it emphasised on the need for" +"changes in the functional or operational aspects. It observed that" +"federalism is more a functional arrangement for co-operative action" +"than a static institutional concept. It outrightly rejected the demand for" +"curtailing the powers of the Centre and stated that a strong Centre is" +"essential to safeguard the national unity and integrity which is being" +"threatened by the fissiparious tendencies in the body politic. However," +"it did not equate strong Centre with centralisation of powers. It" +"observed that over-centralisation leads to blood pressure at the centre" +"and anaemia at the periphery." +"The Commission made 247 recommendations to improve Centre-" +"state relations. The important recommendations are mentioned below:" +"1. A permanent Inter-State Council called the Inter-Governmental" +"Council should be set up under Article 263." +"2. Article 356 (President’s Rule) should be used very sparingly, in" +"extreme cases as a last resort when all the available alternatives" +"fail." +"3. The institution of All-India Services should be further" +"strengthened and some more such services should be created." +"4. The residuary powers of taxation should continue to remain with" +"the Parliament, while the other residuary powers should be" +"placed in the Concurrent List." +"5. When the president withholds his assent to the state bills, the" +"reasons should be communicated to the state government." +"6. The National Development Council (NDC) should be renamed" +"and reconstituted as the National Economic and Development" +"Council (NEDC)." +"7. The zonal councils should be constituted afresh and reactivated" +"to promote the spirit of federalism." +"8. The Centre should have powers to deploy its armed forces, even" +"without the consent of states. However, it is desirable that the" +"states should be consulted." +"9. The Centre should consult the states before making a law on a" +"subject of the Concurrent List." +" 10. The procedure of consulting the chief minister in the" +"appointment of the state governor should be prescribed in the" +"Constitution itself." +"11. The net proceeds of the corporation tax may be made" +"permissibly shareable with the states." +"12. The governor cannot dismiss the council of ministers so long as" +"it commands a majority in the assembly." +"13. The governor’s term of five years in a state should not be" +"disturbed except for some extremely compelling reasons." +"14. No commission of enquiry should be set up against a state" +"minister unless a demand is made by the Parliament." +"15. The surcharge on income tax should not be levied by the Centre" +"except for a specific purpose and for a strictly limited period." +"16. The present division of functions between the Finance" +"Commission and the Planning Commission is reasonable and" +"should continue." +"17. Steps should be taken to uniformly implement the three" +"language formula in its true spirit." +"18. No autonomy for radio and television but decentralisation in their" +"operations." +"19. No change in the role of Rajya Sabha and Centre’s power to" +"reorganise the states." +"20. The commissioner for linguistic minorities should be activated." +"The Central government has implemented 180 (out of 247)" +"recommendations of the Sarkaria Commission. The most important is" +"the establishment of the Inter-State Council in 1990." +"" +"Punchhi Commission" +"The Second commission on Centre-State Relations was set-up by the" +"Government of India in April 2007 under the Chairmanship of Madan" +"Mohan Punchhi, former Chief Justice of India.27 It was required to look" +"into the issues of Centre-State relations keeping in view the sea-" +"changes that have taken place in the polity and economy of India" +"since the Sarkaria Commission had last looked at the issue of Centre-" +"State relations over two decades ago." +"The terms of reference of the Commission were as follows:" +"(i) The Commission was required to examine and review the working" +"of the existing arrangements between the Union and States as" +"per the Constitution of India, the healthy precedents being" +"followed, various pronouncements of the Courts in regard to" +" powers, functions and responsibilities in all spheres including" +"legislative relations, administrative relations, role of governors," +"emergency provisions, financial relations, economic and social" +"planning, Panchayati Raj institutions, sharing of resources" +"including inter-state river water and recommend such changes or" +"other measures as may be appropriate keeping in view the" +"practical difficulties." +"(ii) In examining and reviewing the working of the existing" +"arrangements between the Union and States and making" +"recommendations as to the changes and measures needed, the" +"Commission was required to keep in view the social and" +"economic developments that have taken place over the years," +"particularly over the last two decades and have due regard to the" +"scheme and framework of the Constitution. Such" +"recommendations were also needed to address the growing" +"challenges of ensuring good governance for promoting the" +"welfare of the people whilst strengthening the unity and integrity of" +"the country, and of availing emerging opportunities for sustained" +"and rapid economic growth for alleviating poverty and illiteracy in" +"the early decades of the new millennium." +"(iii) While examining and making its recommendations on the above," +"the Commission was required to have particular regard, but not" +"limit its mandate to the following:-" +"(a) The role, responsibility and jurisdiction of the Centre vis-a-vis" +"States during major and prolonged outbreaks of communal" +"violence, caste violence or any other social conflict leading to" +"prolonged and escalated violence." +"(b) The role, responsibility and jurisdiction of the Centre vis-a-vis" +"States in the planning and implementation of the mega" +"projects like the inter-linking of rivers, that would normally" +"take 15–20 years for completion and hinge vitally on the" +"support of the States." +"(c) The role, responsibility and jurisdiction of the Centre vis-a-vis" +"States in promoting effective devolution of powers and" +"autonomy to Panchayati Raj Institutions and Local Bodies" +"including the Autonomous Bodies under the sixth Schedule of" +"the Constitution within a specified period of time." +"(d) The role, responsibility and jurisdiction of the Centre vis-a-vis" +"States in promoting the concept and practice of independent" +"planning and budgeting at the District level." +" (e) The role, responsibility and jurisdiction of the Centre vis-a-vis" +"States in linking Central assistance of various kinds with the" +"performance of the States." +"(f) The role, responsibility and jurisdiction of the Centre in" +"adopting approaches and policies based on positive" +"discrimination in favour of backward States." +"(g) The impact of the recommendations made by the 8th to 12th" +"Finance Commissions on the fiscal relations between the" +"Centre and the States, especially the greater dependence of" +"the States on devolution of funds from the Centre." +"(h) The need and relevance of separate taxes on the production" +"and on the sales of goods and services subsequent to the" +"introduction of Value Added Tax regime." +"(i) The need for freeing inter-State trade in order to establish a" +"unified and integrated domestic market as also in the context" +"of the reluctance of State Governments to adopt the relevant" +"Sarkaria Commission’s recommendation in chapter XVIII of its" +"report." +"(j) The need for setting up a Central Law Enforcement Agency" +"empowered to take up suo moto investigation of crimes" +"having inter-State and/ or international ramifications with" +"serious implications on national security." +"(k) The feasibility of a supporting legislation under Article 355 for" +"the purpose of suo moto deployment of Central forces in the" +"States if and when the situation so demands." +"The Commission submitted its report to the government in April" +"2010. In finalising the 1,456 page report, in seven volumes, the" +"Commission took extensive help from the Sarkaria Commission" +"report, the National Commission to Review the Working of the" +"Constitution (NCRWC) report and the Second Administrative Reforms" +"Commission report. However, in a number of areas, the Commission" +"report differed from the Sarkaria Commission recommendations." +"After examining at length the issues raised in its Terms of" +"Reference and the related aspects in all their hues and shades, the" +"Commission came to the conclusion that ‘cooperative federalism’ will" +"be the key for sustaining India’s unity, integrity and social and" +"economic development in future. The principles of cooperative" +"federalism thus may have to act as a practical guide for Indian polity" +"and governance." +" In all, the Commission made over 310 recommendations, touching" +"upon several significant areas in the working of Centre-state relations." +"The important recommendations are mentioned below:" +"1. To facilitate effective implementation of the laws on List III" +"subjects, it is necessary that some broad agreement is reached" +"between the Union and states before introducing legislation in" +"Parliament on matters in the Concurrent List." +"2. The Union should be extremely restrained in asserting" +"Parliamentary supremacy in matters assigned to the states." +"Greater flexibility to states in relation to subjects in the State List" +"and “transferred items” in the Concurrent List is the key for better" +"Centre-state relations." +"3. The Union should occupy only that many of subjects in" +"concurrent or overlapping jurisdiction which are absolutely" +"necessary to achieve uniformity of policy in demonstrable" +"national interest." +"4. There should be a continuing auditing role for the Inter-state" +"Council in the management of matters in concurrent or" +"overlapping jurisdiction." +"5. The period of six months prescribed in Article 201 for State" +"Legislature to act when the bill is returned by the President can" +"be made applicable for the President also to decide on assenting" +"or withholding assent to a state bill reserved for consideration of" +"the President." +"6. Parliament should make a law on the subject of Entry 14 of List I" +"(treaty making and implementing it through Parliamentary" +"legislation) to streamline the procedures involved. The exercise" +"of the power obviously cannot be absolute or unchartered in" +"view of the federal structure of legislative and executive powers." +"7. Financial obligations and its implications on state finances" +"arising out of treaties and agreements should be a permanent" +"term of reference to the Finance Commissions constituted from" +"time to time." +"8. While selecting Governors, the Central Government should" +"adopt the following strict guidelines as recommended in the" +"Sarkaria Commission report and follow its mandate in letter and" +"spirit :" +"(i) He should be eminent in some walk of life" +"(ii) He should be a person from outside the state" +"(iii) He should be a detached figure and not too intimately connec" +"with the local politics of the state" +" (iv) He should be a person who has not taken too great a par" +"politics generally and particularly in the recent past" +"9. Governors should be given a fixed tenure of five years and their" +"removal should not be at the sweet will of the Government at the" +"Centre." +"10. The procedure laid down for impeachment of President, mutatis" +"mutandis can be made applicable for impeachment of Governors" +"as well." +"11. Article 163 does not give the Governor a general discretionary" +"power to act against or without the advice of his Council of" +"Ministers. In fact, the area for the exercise of discretion is limited" +"and even in this limited area, his choice of action should not be" +"arbitrary or fanciful. It must be a choice dictated by reason," +"activated by good faith and tempered by caution." +"12. In respect of bills passed by the Legislative Assembly of a state," +"the Governor should take the decision within six months whether" +"to grant assent or to reserve it for consideration of the President." +"13. On the question of Governor’s role in appointment of Chief" +"Minister in the case of an hung assembly, it is necessary to lay" +"down certain clear guidelines to be followed as Constitutional" +"conventions. These guidelines may be as follows:" +"(i) The party or combination of parties which commands the wid" +"support in the Legislative Assembly should be called upon to f" +"the Government." +"(ii) If there is a pre-poll alliance or coalition, it should be treated" +"one political party and if such coalition obtains a majority," +"leader of such coalition shall be called by the Governor to f" +"the Government." +"(iii) In case no party or pre-poll coalition has a clear majority," +"Governor should select the Chief Minister in the order" +"preference indicated here." +"(a) The group of parties which had pre-poll alliance" +"commanding the largest number" +"(b) The largest single party staking a claim to form the" +"government with the support of others" +"(c) A post-electoral coalition with all partners joining the" +"government" +"(d) A post-electoral alliance with some parties joining the" +"government and the remaining including independents" +"supporting the government from outside" +" 14. On the question of dismissal of a Chief Minister, the Governor" +"should invariably insist on the Chief Minister proving his majority" +"on the floor of the House for which he should prescribe a time" +"limit." +"15. The Governor should have the right to sanction for prosecution" +"of a state minister against the advice of the Council of Ministers," +"if the Cabinet decision appears to the Governor to be motivated" +"by bias in the face of overwhelming material." +"16. The convention of Governors acting as Chancellors of" +"Universities and holding other statutory positions should be done" +"away with. His role should be confined to the Constitutional" +"provisions only." +"17. When an external aggression or internal disturbance paralyses" +"the state administration creating a situation of a potential break" +"down of the Constitutional machinery of the state, all alternative" +"courses available to the Union for discharging its paramount" +"responsibility under Article 355 should be exhausted to contain" +"the situation and the exercise of the power under Article 356" +"should be limited strictly to rectifying a “failure of the" +"Constitutional machinery in the state”." +"18. On the question of invoking Article 356 in case of failure of" +"Constitutional machinery in states, suitable amendments are" +"required to incorporate the guidelines set forth in the landmark" +"judgement of the Supreme Court in S.R. Bommai V. Union of" +"India (1994). This would remove possible misgivings in this" +"regard on the part of states and help in smoothening Centre-" +"state relations." +"19. Given the strict parameters now set for invoking the emergency" +"provisions under Articles 352 and 356 to be used only as a" +"measure of “last resort”, and the duty of the Union to protect" +"states under Article 355, it is necessary to provide a" +"Constitutional or legal framework to deal with situations which" +"require Central intervention but do not warrant invoking the" +"extreme steps under Articles 352 and 356. Providing the" +"framework for “localised emergency” would ensure that the state" +"government can continue to function and the Assembly would" +"not have to be dissolved while providing a mechanism to let the" +"Central Government respond to the issue specifically and locally." +"The imposition of local emergency is fully justified under the" +"mandate of Article 355 read with Entry 2A of List I and Entry 1 of" +"List II of the Seventh Schedule." +" 20. Suitable amendments to Article 263 are required to make the" +"Inter-State Council a credible, powerful and fair mechanism for" +"management of interstate and Centre-state differences." +"21. The Zonal Councils should meet at least twice a year with an" +"agenda proposed by states concerned to maximise co-ordination" +"and promote harmonisation of policies and action having inter-" +"state ramification. The Secretariat of a strengthened Inter-State" +"Council can function as the Secretariat of the Zonal Councils as" +"well." +"22. The Empowered Committee of Finance Ministers of States" +"proved to be a successful experiment in inter-state coordination" +"on fiscal matters. There is need to institutionalise similar models" +"in other sectors as well. A forum of Chief Ministers, Chaired by" +"one of the Chief Minister by rotation can be similarly thought" +"about particularly to co-ordinate policies of sectors like energy," +"food, education, environment and health." +"23. New all-India services in sectors like health, education," +"engineering and judiciary should be created." +"24. Factors inhibiting the composition and functioning of the Second" +"Chamber as a representative forum of states should be removed" +"or modified even if it requires amendment of the Constitutional" +"provisions. In fact, Rajya Sabha offers immense potential to" +"negotiate acceptable solutions to the friction points which" +"emerge between Centre and states in fiscal, legislative and" +"administrative relations." +"25. A balance of power between states inter se is desirable and this" +"is possible by equality of representation in the Rajya Sabha. This" +"requires amendment of the relevant provisions to give equality of" +"seats to states in the Rajya Sabha, irrespective of their" +"population size." +"26. The scope of devolution of powers to local bodies to act as" +"institutions of self-government should be constitutionally defined" +"through appropriate amendments." +"27. All future Central legislations involving states’ involvement" +"should provide for cost sharing as in the case of the RTE Act." +"Existing Central legislations where the states are entrusted with" +"the responsibility of implementation should be suitably amended" +"providing for sharing of costs by the Central Government." +"28. The royalty rates on major minerals should be revised at least" +"every three years without any delay. States should be properly" +" compensated for any delay in the revision of royalty beyond" +"three years." +"29. The current ceiling on profession tax should be completely done" +"away with by a Constitutional amendment." +"30. The scope for raising more revenue from the taxes mentioned in" +"article 268 should be examined afresh. This issue may be either" +"referred to the next Finance Commission or an expert committee" +"be appointed to look into the matter." +"31. To bring greater accountability, all fiscal legislations should" +"provide for an annual assessment by an independent body and" +"the reports of these bodies should be laid in both Houses of" +"Parliament/state legislature." +"32. Considerations specified in the Terms of Reference (ToR) of the" +"Finance Commission should be even handed as between the" +"Centre and the states. There should be an effective mechanism" +"to involve the states in the finalisation of the ToR of the Finance" +"Commissions." +"33. The Central Government should review all the existing cesses" +"and surcharges with a view to bringing down their share in the" +"gross tax revenue." +"34. Because of the close linkages between the plan and non-plan" +"expenditure, an expert committee may be appointed to look into" +"the issue of distinction between the plan and non-plan" +"expenditure." +"35. There should be much better coordination between the Finance" +"Commission and the Planning Commission. The synchronisation" +"of the periods covered by the Finance Commission and the Five-" +"Year Plan will considerably improve such coordination." +"36. The Finance Commission division in the Ministry of Finance" +"should be converted into a full-fledged department, serving as" +"the permanent secretariat for the Finance Commissions." +"37. The Planning Commission has a crucial role in the current" +"situation. But its role should be that of coordination rather that of" +"micro managing sectoral plans of the Central ministries and the" +"states." +"38. Steps should be taken for the setting up of an Inter-State Trade" +"and Commerce Commission under Article 307 read with Entry" +"42 of List-I. This Commission should be vested with both" +"advisory and executive roles with decision making powers. As a" +"Constitutional body, the decisions of the Commission should be" +"final and binding on all states as well as the Union of India. Any" +" party aggrieved with the decision of the Commission may prefer" +"an appeal to the Supreme Court." +"The Report of the Commission was circulated to all stakeholders" +"including State Governments / UT Administrations and Union" +"Ministries / Departments concerned for their considered views on the" +"recommendations of the Commission. The comments received from" +"the Union Ministries / Departments and the State Governments / UT" +"Administrations are under the consideration of the Inter-State" +"Council.28" +"" +"" +"NOTES AND REFERENCES" +"1. Even now, the last entry is numbered as 97 but the total" +"number of entries is 98. The entries numbered as 2A, 92A" +"and 92B have been added and entries 33, 92 and 92C have" +"been omitted. See Appendix II." +"2. Even now, the last entry is numbered as 66 but the total" +"number of entries is 59. The entries numbered as 11, 19," +"20, 29, 36, 52 and 55 have been omitted. See Appendix II." +"3. Even now, the last entry is numbered as 47 but the total" +"number of entries is 52. The entries numbered as 11A, 17A," +"17B, 20A and 33A have been added. See Appendix II." +"3a. The provision for goods and services tax was added by the" +"101st Amendment Act of 2016." +"3b. Ibid." +"4. Report of the Commission on centre-state Relations, Part I" +"(Government of India, 1988) PP. 28–29." +"5. For example, under the Essential Commodities Act, made" +"by the Parliament on a concurrent subject, the executive" +"power is vested in the Centre." +"6. This provision (the power of the states to entrust functions" +"to the Centre) was added by the 7th Constitutional" +"Amendment Act of 1956. Before that, only the Centre had" +"the power." +"7. For details in this regard, see Chapter 15." +"8. Constituent Assembly Debates, Volume VII, PP. 41–42." +"9. For details, see Chapter 54." +"10. For details, see Chapter 78." +"11. For details, see Chapter 15." +" 12. Entries–82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92A, 92B and" +"96. See Appendix II." +"13. Entries–45, 46, 47, 48, 49, 50, 51, 53, 54, 56, 57, 58, 59," +"60, 61, 62, 63, and 66. See Appendix II." +"14. In this regard, the 101st Amendment Act of 2016 inserted" +"Article 246-A in the Constitution." +"15. Originally, this limit was only ₹250 per annum. The 60th" +"Amendment Act of 1988 raised it to ₹2,500 per annum." +"16. These provisions are contained in Article 286, as amended" +"by the 101st Amendment Act of 2016." +"17. This amendment deleted Article 272 (Taxes which are" +"levied and collected by the Centre and may be distributed" +"between the Centre and the states)." +"18. Entry 52 (taxes on the entry of goods into a local area for" +"consumption, use or sale therein) and entry 55 (taxes on" +"advertisements other than advertisements published in the" +"newspapers and advertisements broadcast by radio or" +"television) were omitted by the 101st Amendment Act of" +"2016" +"19. See ‘Property of the Union’ in Chapter 67." +"20. See ‘Property of the States’ in Chapter 67." +"21. M.P. Jain: Indian Constitutional Law, Wadhwa, Fourth" +"Edition, PP. 342–43." +"22. Article 279-A(1) says that the President shall, within sixty" +"days from the commencement of the Constitution (One" +"Hundred and First Amendment) Act, 2016, by order," +"constitute a Council to be called the Goods and Services" +"Tax Council." +"23. This function was added by the 73rd and 74th Amendment" +"Acts of 1992 which have granted constitutional status on the" +"panchayats and the municipalities respectively." +"24. In Re. Sea Customs Act (1963)." +"25. The other two members of the committee were Dr." +"Lakshmanswamy Mudaliar and P.C. Chandra Reddy." +"26. B. Sivaraman and S.R. Sen were two other members of the" +"Commission." +"27. The other four Members of the Commission were Dhirendra" +"Singh (Former Secretary to the Government of India), Vinod" +"Kumar Duggal (Former Secretary to the Government of" +"India), Prof. N.R. Madhava Menon (Former Director," +" National Judicial Academy, Bhopal and National Law School" +"of India, Bangalore) and Dr. Amaresh Bagchi (Emeritus" +"Professor, National Institute of Public Finance and Policy," +"New Delhi). With the passing away of Dr. Bagchi in" +"February 2008, Vijay Shanker (Former Director, Central" +"Bureau of Investigation, Government of India) was" +"appointed in his place as a Member of the Commission in" +"October 2008." +"28. Annual Report 2018–19, Ministry of Home Affairs," +"Government of India, p.52." +" 15 Inter-State Relations" +"" +"" +"" +"" +"T" +"he successful functioning of the Indian federal system" +"depends not only on the harmonious relations and close" +"cooperation between the Centre and the states but also" +"between the states inter se. Hence, the Constitution makes the" +"following provisions with regard to inter-state comity:" +"1. Adjudication of inter-state water disputes." +"2. Coordination through inter-state councils." +"3. Mutual recognition of public acts, records and judicial" +"proceedings." +"4. Freedom of inter-state trade, commerce and intercourse." +"In addition, the zonal councils have been established by the" +"Parliament to promote inter-state cooperation and coordination." +" INTER-STATE WATER DISPUTES" +"" +"Article 262 of the Constitution provides for the adjudication of inter-" +"state water disputes. It makes two provisions:" +"(i) Parliament may by law provide for the adjudication of any dispute" +"or complaint with respect to the use, distribution and control of" +"waters of any inter-state river and river valley." +"(ii) Parliament may also provide that neither the Supreme Court nor" +"any other court is to exercise jurisdiction in respect of any such" +"dispute or complaint." +"Under this provision, the Parliament has enacted two laws [the" +"River Boards Act (1956) and the Inter-State Water Disputes Act" +"(1956)]. The River Boards Act provides for the establishment of river" +"boards for the regulation and development of inter-state river and" +"river valleys. A river board is established by the Central government" +"on the request of the state governments concerned to advise them." +"The Inter-State Water Disputes Act empowers the Central" +"government to set up an ad hoc tribunal for the adjudication of a" +"dispute between two or more states in relation to the waters of an" +"inter-state river or river valley. The decision of the tribunal would be" +"final and binding on the parties to the dispute. Neither the Supreme" +"Court nor any other court is to have jurisdiction in respect of any" +"water dispute which may be referred to such a tribunal under this" +"Act." +"The need for an extra judicial machinery to settle inter-state water" +"disputes is as follows: “The Supreme Court would indeed have" +"jurisdiction to decide any dispute between states in connection with" +"water supplies, if legal rights or interests are concerned; but the" +"experience of most countries has shown that rules of law based" +"upon the analogy of private proprietary interests in water do not" +"afford a satisfactory basis for settling disputes between the states" +"where the interests of the public at large in the proper use of water" +"supplies are involved.”1" +"So far (2019), the Central government has set up nine inter-state" +"water dispute tribunals. The name of the tribunals, the years in which" +"they were constituted and the states involved in the dispute are" +"mentioned in Table 15.1." +"Table 15.1 Inter-State Water Dispute Tribunals Set-up So Far" +" SI. Name Set-up in States Involved" +"No." +"1. Krishna Water 1969 Maharashtra," +"Disputes Tribunal-I Karnataka and" +"Andhra Pradesh" +"2. Godavari Water 1969 Maharashtra," +"Disputes Tribunal Karnataka, Andhra" +"Pradesh, Madhya" +"Pradesh and" +"Odisha" +"3. Narmada Water 1969 Rajasthan, Gujarat," +"Disputes Tribunal Madhya Pradesh" +"and Maharashtra" +"4. Ravi and Beas 1986 Punjab, Haryana" +"Water Disputes and Rajasthan" +"Tribunal" +"5. Cauvery Water 1990 Karnataka, Kerala," +"Disputes Tribunal Tamil Nadu and" +"Puducherry" +"6. Krishna Water 2004 Maharashtra," +"Disputes Tribunal-II Karnataka and" +"Andhra Pradesh" +"7. Vansadhara Water 2010 Odisha and Andhra" +"Disputes Tribunal Pradesh" +"8. Mahadayi Water 2010 Goa, Karnataka" +"Disputes Tribunal and Maharashtra" +"9. Mahanadi Water 2018 Odisha and" +"Disputes Tribunal Chhattisgarh" +" INTER-STATE COUNCILS" +"" +"Article 263 contemplates the establishment of an Inter-State Council" +"to effect coordination between the states and between Centre and" +"states. Thus, the President can establish such a council if at any" +"time it appears to him that the public interest would be served by its" +"establishment. He can define the nature of duties to be performed by" +"such a council and its organisation and procedure." +"Even though the president is empowered to define the duties of" +"an inter-state council, Article 263 specifies the duties that can be" +"assigned to it in the following manner:" +"(a) enquiring into and advising upon disputes which may arise" +"between states;" +"(b) investigating and discussing subjects in which the states or the" +"Centre and the states have a common interest; and" +"(c) making recommendations upon any such subject, and" +"particularly for the better co-ordination of policy and action on it." +"“The council’s function to enquire and advice upon inter-state" +"disputes is complementary to the Supreme Court’s jurisdiction under" +"Article 131 to decide a legal controversy between the governments." +"The Council can deal with any controversy whether legal or non-" +"legal, but its function is advisory unlike that of the court which gives a" +"binding decision.”2" +"Under the above provisions of Article 263, the president has" +"established the following councils to make recommendations for the" +"better coordination of policy and action in the related subjects:" +"• Central Council of Health and Family Welfare." +"• Central Council of Local Government3" +"• Four Regional Councils for Sales Tax for the Northern, Eastern," +"Western and Southern Zones.4" +"" +"Establishment of Inter-State Council" +"The Sarkaria Commission on Centre-State Relations (1983–88)" +"made a strong case for the establishment of a permanent Inter-State" +"Council under Article 263 of the Constitution. It recommended that in" +"order to differentiate the Inter-State Council from other bodies" +"established under the same Article 263, it must be called as the" +"Inter-Governmental Council. The Commission recommended that" +" the Council should be charged with the duties laid down in clauses" +"(b) and (c) of Article 263 (see above)." +"In pursuance of the above recommendations of the Sarkaria" +"Commission, the Janata Dal Government headed by V. P. Singh" +"established the Inter-State Council in 1990.5 It consists of the" +"following members:" +"(i) Prime minister as the Chairman" +"(ii) Chief ministers of all the states" +"(iii) Chief ministers of union territories having legislative assemblies" +"(iv) Administrators of union territories not having legislative" +"assemblies" +"(v) Governors of States under President’s rule" +"(vi) Six Central cabinet ministers, including the home minister, to be" +"nominated by the Prime Minister." +"Five Ministers of Cabinet rank / Minister of State (independent" +"charge) nominated by the Chairman of the Council (i.e., Prime" +"Minister) are permanent invitees to the Council." +"The council is a recommendatory body on issues relating to inter-" +"state, Centre-state and Centre-union territories relations. It aims at" +"promoting coordination between them by examining, discussing and" +"deliberating on such issues. Its duties, in detail, are as follows:" +"• investigating and discussing such subjects in which the states" +"or the centre have a common interest;" +"• making recommendations upon any such subject for the better" +"coordination of policy and action on it; and" +"• deliberating upon such other matters of general interest to the" +"states as may be referred to it by the chairman." +"The Council may meet at least thrice in a year. Its meetings are" +"held in camera and all questions are decided by consensus." +"There is also a Standing Committee of the Council. It was set up" +"in 1996 for continuous consultation and processing of matters for the" +"consideration of the Council. It consists of the following members:" +"(i) Union Home Minister as the Chairman" +"(ii) Five Union Cabinet Ministers" +"(iii) Nine Chief Ministers" +"The Council is assisted by a secretariat called the Inter-State" +"Council Secretariat. This secretariat was set-up in 1991 and is" +"headed by a secretary to the Government of India. Since 2011, it is" +"also functioning as the secretariat of the Zonal Councils." +" PUBLIC ACTS, RECORDS AND JUDICIAL" +"PROCEEDINGS" +"" +"Under the Constitution, the jurisdiction of each state is confined to its" +"own territory. Hence, it is possible that the acts and records of one" +"state may not be recognised in another state. To remove any such" +"difficulty, the Constitution contains the “Full Faith and Credit” clause" +"which lays down the following:" +"(i) Full faith and credit is to be given throughout the territory of India" +"to public acts, records and judicial proceedings of the Centre" +"and every state. The expression ‘public acts’ includes both" +"legislative and executive acts of the government. The" +"expression ‘public record’ includes any official book, register or" +"record made by a public servant in the discharge of his official" +"duties." +"(ii) The manner in which and the conditions under which such acts," +"records and proceedings are to be proved and their effect" +"determined would be as provided by the laws of Parliament. This" +"means that the general rule mentioned above is subject to the" +"power of Parliament to lay down the mode of proof as well as" +"the effect of such acts, records and proceedings of one state in" +"another state." +"(iii) Final judgements and orders of civil courts in any part of India" +"are capable of execution anywhere within India (without the" +"necessity of a fresh suit upon the judgement). The rule applies" +"only to civil judgements and not to criminal judgements. In other" +"words, it does not require the courts of a state to enforce the" +"penal laws of another state." +" INTER-STATE TRADE AND COMMERCE" +"" +"Articles 301 to 307 in Part XIII of the Constitution deal with the trade," +"commerce and intercourse within the territory of India." +"Article 301 declares that trade, commerce and intercourse" +"throughout the territory of India shall be free. The object of this" +"provision is to break down the border barriers between the states" +"and to create one unit with a view to encourage the free flow of" +"trade, commerce and intercourse in the country. The freedom under" +"this provision is not confined to interstate trade, commerce and" +"intercourse but also extends to intra-state trade, commerce and" +"intercourse. Thus, Article 301 will be violated whether restrictions are" +"imposed at the frontier of any state or at any prior or subsequent" +"stage." +"The freedom guaranteed by Article 301 is a freedom from all" +"restrictions, except those which are provided for in the other" +"provisions (Articles 302 to 305) of Part XIII of the Constitution itself." +"These are explained below:" +"(i) Parliament can impose restrictions on the freedom of trad" +"commerce and intercourse between the states or within a sta" +"in public interest.6 But, the Parliament cannot give preference" +"one state over another or discriminate between the stat" +"except in the case of scarcity of goods in any part of India." +"(ii) The legislature of a state can impose reasonable restrictions" +"the freedom of trade, commerce and intercourse with that sta" +"or within that state in public interest. But, a bill for this purpo" +"can be introduced in the legislature only with the previo" +"sanction of the president. Further, the state legislature cann" +"give preference to one state over another or discrimina" +"between the states." +"(iii) The legislature of a state can impose on goods imported fro" +"other states or the union territories any tax to which simi" +"goods manufactured in that state are subject. This provisi" +"prohibits the imposition of discriminatory taxes by the state." +"(iv) The freedom (under Article 301) is subject to the nationalisati" +"laws (i.e., laws providing for monopolies in favour of the Cent" +"or the states). Thus, the Parliament or the state legislature c" +"make laws for the carrying on by the respective government" +" any trade, business, industry or service, whether to t" +"exclusion, complete or partial, of citizens or otherwise." +"The Parliament can appoint an appropriate authority for carrying" +"out the purposes of the above provisions relating to the freedom of" +"trade, commerce and intercourse and restrictions on it. The" +"Parliament can also confer on that authority the necessary powers" +"and duties. But, no such authority has been appointed so far.7" +" ZONAL COUNCILS" +"" +"The Zonal Councils are the statutory (and not the constitutional)" +"bodies. They are established by an Act of the Parliament, that is," +"States Reorganisation Act of 1956. The act divided the country into" +"five zones (Northern, Central, Eastern, Western and Southern) and" +"provided a zonal council for each zone." +"While forming these zones, several factors have been taken into" +"account which include: the natural divisions of the country, the river" +"systems and means of communication, the cultural and linguistic" +"affinity and the requirements of economic development, security and" +"law and order." +"Each zonal council consists of the following members: (a) home" +"minister of Central government. (b) chief ministers of all the States in" +"the zone. (c) Two other ministers from each state in the zone. (d)" +"Administrator of each union territory in the zone." +"Besides, the following persons can be associated with the zonal" +"council as advisors (i.e., without the right to vote in the meetings):" +"(i) a person nominated by the Planning Commission; (ii) chief" +"secretary of the government of each state in the zone; and (iii)" +"development commissioner of each state in the zone." +"The home minister of Central government is the common" +"chairman of the five zonal councils. Each chief minister acts as a" +"vice-chairman of the council by rotation, holding office for a period of" +"one year at a time." +"The zonal councils aim at promoting cooperation and coordination" +"between states, union territories and the Centre. They discuss and" +"make recommendations regarding matters like economic and social" +"planning, linguistic minorities, border disputes, interstate transport," +"and so on. They are only deliberative and advisory bodies." +"The objectives (or the functions) of the zonal councils, in detail," +"are as follows:" +"• To achieve an emotional integration of the country." +"• To help in arresting the growth of acute state-consciousness," +"regionalism, lingu-ism and particularistic trends." +"• To help in removing the after-effects of separation in some" +"cases so that the process of reorganisation, integration and" +"economic advancement may synchronise." +" • To enable the Centre and states to cooperate with each other in" +"social and economic matters and exchange ideas and" +"experience in order to evolve uniform policies." +"• To cooperate with each other in the successful and speedy" +"execution of major development projects." +"• To secure some kind of political equilibrium between different" +"regions of the country." +"North-Eastern Council In addition to the above Zonal Councils, a" +"North-Eastern Council was created by a separate Act of Parliament–" +"the North-Eastern Council Act of 1971.8 Its members include Assam," +"Manipur, Mizoram, Arunchal Pradesh, Nagaland, Meghalaya, Tripura" +"and Sikkim.9 Its functions are similar to those of the zonal councils," +"but with few additions. It has to formulate a unified and coordinated" +"regional plan covering matters of common importance. It has to" +"review from time to time the measures taken by the member states" +"for the maintenance of security and public order in the region." +"" +"Table 15.2 Zonal Councils at a Glance" +"Name Members Headquarters" +"1. Northern Himachal Pradesh, Haryana, New Delhi" +"Zonal Council Punjab, Rajasthan, Delhi," +"Chandigarh, Jammu and Kashmir" +"and Ladakh" +"2. Central Uttar Pradesh, Uttarakhand, Allahabad" +"Zonal Council Chhattisgarh, and Madhya Pradesh" +"3. Eastern Bihar, Jharkhand, West Bengal and Kolkata" +"Zonal Council Odisha" +"4. Western Gujarat, Maharastra, Goa, Dadra Mumbai" +"Zonal Council and Nagar Haveli and Daman and" +"Diu" +"5. Southern Andhra Pradesh, Telangana, Chennai" +"Zonal Council Karnataka, Tamil Nadu, Kerala and" +"Puducherry" +"" +"Table 15.3 Articles Related to Inter-State Relations at a Glance" +"Article No. Subject Matter" +" Mutual Recognition of Public Acts, etc." +"261. Public acts, records and judicial proceedings" +"Disputes Relating to Waters" +"262. Adjudication of disputes relating to waters of" +"inter-state rivers or river valleys" +"Co-ordination between States" +"263. Provisions with respect to an inter-state council" +"Inter-State Trade and Commerce" +"301. Freedom of trade, commerce and intercourse" +"302. Power of Parliament to impose restrictions on" +"trade, commerce and intercourse" +"303. Restrictions on the legislative powers of the" +"Union and of the states with regard to trade and" +"commerce" +"304. Restrictions on trade, commerce and intercourse" +"among states" +"305. Saving of existing laws and laws providing for" +"state monopolies" +"306. Power of certain states in Part B of the First" +"Schedule to impose restrictions on trade and" +"commerce (Repealed)" +"307. Appointment of authority for carrying out the" +"purposes of Articles 301 to 304" +"" +"" +"NOTES AND REFERENCES" +"1. Report of the Joint Parliamentary Committee. Select" +"Committee of the House of Lords appointed to join with a" +"Committee of the House of Commons to consider the" +"future Government of India." +"2. M.P. Jain: Indian Constitutional Law, Wadhwa, Fourth" +"Edition, P. 382." +"3. It was originally known as the Central Council of Local" +"Self-Government (1954)." +" 4. The Central Council of Indian Medicine and the Central" +"Council of Homoeopathy were set up under the Acts of" +"Parliament." +"5. The Inter-State Council Order dated May 28, 1990." +"6. For example, the Parliament has made the Essential" +"Commodities Act (1955). This Act enables the Central" +"government to control the production, supply and" +"distribution of certain essential commodities like" +"petroleum, coal, iron and steel and so on." +"7. In USA such authority is known as the Inter-State" +"Commerce Commission." +"8. It came into existence on August 8, 1972." +"9. In 2002, Sikkim was added as the eighth member of the" +"North-Eastern Council." +" 16 Emergency Provisions" +"" +"" +"" +"" +"T" +"he Emergency provisions are contained in Part XVIII of the" +"Constitution, from Articles 352 to 360. These provisions" +"enable the Central government to meet any abnormal" +"situation effectively. The rationality behind the incorporation of" +"these provisions in the Constitution is to safeguard the" +"sovereignty, unity, integrity and security of the country, the" +"democratic political system, and the Constitution." +"During an Emergency, the Central government becomes all" +"powerful and the states go into the total control of the Centre. It" +"converts the federal structure into a unitary one without a formal" +"amendment of the Constitution. This kind of transformation of the" +"political system from federal during normal times to unitary during" +"Emergency is a unique feature of the Indian Constitution. In this" +"context, Dr. B.R. Ambedkar observed in the Constituent Assembly" +"that1 :" +"‘All federal systems including American are placed in a tight" +"mould of federalism. No matter what the circumstances, it" +"cannot change its form and shape. It can never be unitary. On" +"the other hand, the Constitution of India can be both unitary as" +"well as federal according to the requirements of time and" +"circumstances. In normal times, it is framed to work as a federal" +"system. But in times of Emergency, it is so designed as to make" +"it work as though it was a unitary system.’" +"The Constitution stipulates three types of emergencies:" +"1. An emergency due to war, external aggression or armed" +"rebellion2 (Article 352). This is popularly known as ‘National" +"Emergency’. However, the Constitution employs the" +"expression ‘proclamation of emergency’ to denote an" +"emergency of this type." +"2. An Emergency due to the failure of the constitutional" +"machinery in the states (Article 356). This is popularly known" +"as ‘President’s Rule’. It is also known by two other" +" names–‘State Emergency’ or ‘constitutional Emergency’." +"However, the Constitution does not use the word" +"‘emergency’ for this situation." +"3. Financial Emergency due to a threat to the financial stability" +"or credit of India (Article 360)." +" NATIONAL EMERGENCY" +"" +"Grounds of Declaration" +"Under Article 352, the President can declare a national" +"emergency when the security of India or a part of it is threatened" +"by war or external aggression or armed rebellion. It may be noted" +"that the president can declare a national emergency even before" +"the actual occurrence of war or external aggression or armed" +"rebellion, if he is satisfied that there is an imminent danger." +"The President can also issue different proclamations on" +"grounds of war, external aggression, armed rebellion, or imminent" +"danger thereof, whether or not there is a proclamation already" +"issued by him and such proclamation is in operation. This" +"provision was added by the 38th Amendment Act of 1975." +"When a national emergency is declared on the ground of ‘war’" +"or ‘external aggression’, it is known as ‘External Emergency’. On" +"the other hand, when it is declared on the ground of ‘armed" +"rebellion’, it is known as ‘Internal Emergency’." +"A proclamation of national emergency may be applicable to the" +"entire country or only a part of it. The 42nd Amendment Act of" +"1976 enabled the president to limit the operation of a National" +"Emergency to a specified part of India." +"Originally, the Constitution mentioned ‘internal disturbance’ as" +"the third ground for the proclamation of a National Emergency, but" +"the expression was too vague and had a wider connotation." +"Hence, the 44th Amendment Act of 1978 substituted the words" +"‘armed rebellion’ for ‘internal disturbance’. Thus, it is no longer" +"possible to declare a National Emergency on the ground of" +"‘internal disturbance’ as was done in 1975 by the Congress" +"government headed by Indira Gandhi." +"The President, however, can proclaim a national emergency" +"only after receiving a written recommendation from the cabi-net3." +"This means that the emergency can be declared only on the" +"concurrence of the cabinet and not merely on the advice of the" +"prime minister. In 1975, the then Prime Minister, Indira Gandhi" +"advised the president to proclaim emergency without consulting" +" her cabinet. The cabinet was informed of the proclamation after it" +"was made, as a fait accompli. The 44th Amendment Act of 1978" +"introduced this safeguard to eliminate any possibility of the prime" +"minister alone taking a decision in this regard." +"The 38th Amendment Act of 1975 made the declaration of a" +"National Emergency immune from the judicial review. But, this" +"provision was subsequently deleted by the 44th Amendment Act" +"of 1978. Further, in the Minerva Mills case4 , (1980), the Supreme" +"Court held that the proclamation of a national emergency can be" +"challenged in a court on the ground of malafide or that the" +"declaration was based on wholly extraneous and irrelevant facts" +"or is absurd or perverse." +"" +"Parliamentary Approval and Duration" +"The proclamation of Emergency must be approved by both the" +"Houses of Parliament within one month from the date of its issue." +"Originally, the period allowed for approval by the Parliament was" +"two months, but was reduced by the 44th Amendment Act of" +"1978. However, if the proclamation of emergency is issued at a" +"time when the Lok Sabha has been dissolved or the dissolution of" +"the Lok Sabha takes place during the period of one month without" +"approving the proclamation, then the proclamation survives until" +"30 days from the first sitting of the Lok Sabha after its" +"reconstitution, provided the Rajya Sabha has in the meantime" +"approved it." +"If approved by both the Houses of Parliament, the emergency" +"continues for six months, and can be extended to an indefinite" +"period with an approval of the Parliament for every six months." +"This provision for periodical parliamentary approval was also" +"added by the 44th Amendment Act of 1978. Before that, the" +"emergency, once approved by the Parliament, could remain in" +"operation as long as the Executive (cabinet) desired. However, if" +"the dissolution of the Lok Sabha takes place during the period of" +"six months without approving the further continuance of" +"Emergency, then the proclamation survives until 30 days from the" +"first sitting of the Lok Sabha after its reconstitution, provided the" +"Rajya Sabha has in the mean-time approved its continuation." +" Every resolution approving the proclamation of emergency or" +"its continuance must be passed by either House of Parliament by" +"a special majority, that is," +"(a) a majority of the total membership of that house, and (b) a" +"majority of not less than two-thirds of the members of that" +"house present and voting. This special majority provision was" +"introduced by the 44th Amendment Act of 1978. Previously," +"such resolution could be passed by a simple majority of the" +"Parliament." +"" +"Revocation of Proclamation" +"A proclamation of emergency may be revoked by the President at" +"any time by a subsequent proclamation. Such a proclamation" +"does not require the parliamentary approval." +"Further, the President must revoke a proclamation if the Lok" +"Sabha passes a resolution disapproving its continuation. Again," +"this safeguard was introduced by the 44th Amendment Act of" +"1978. Before the amendment, a proclamation could be revoked by" +"the president on his own and the Lok Sabha had no control in this" +"regard." +"The 44th Amendment Act of 1978 also provided that, where" +"one-tenth of the total number of members of the Lok Sabha give a" +"written notice to the Speaker (or to the president if the House is" +"not in session), a special sitting of the House should be held" +"within 14 days for the purpose of considering a resolution" +"disapproving the continuation of the proclamation." +"A resolution of disapproval is different from a resolution" +"approving the continuation of a proclamation in the following two" +"respects:" +"1. The first one is required to be passed by the Lok Sabha" +"only, while the second one needs to be passed by the both" +"Houses of Parliament." +"2. The first one is to be adopted by a simple majority only," +"while the second one needs to be adopted by a special" +"majority." +"" +"Effects of National Emergency" +" A proclamation of Emergency has drastic and wide ranging effects" +"on the political system. These consequences can be grouped into" +"three categories:" +"1. Effect on the Centre-state relations," +"2. Effect on the life of the Lok Sabha and State assembly, and" +"3. Effect on the Fundamental Rights." +"" +"Effect on the Centre-State Relations" +"While a proclamation of Emergency is in force, the normal fabric" +"of the Centre-state relations undergoes a basic change. This can" +"be studied under three heads, namely, executive, legislative and" +"financial." +"(a) Executive During a national emergency, the executive power" +"of the Centre extends to directing any state regarding the manner" +"in which its executive power is to be exercised. In normal times," +"the Centre can give executive directions to a state only on certain" +"specified matters. However, during a national emergency, the" +"Centre becomes entitled to give executive directions to a state on" +"‘any’ matter. Thus, the state governments are brought under the" +"complete control of the Centre, though they are not suspended." +"(b) Legislative During a national emergency, the Parliament" +"becomes empowered to make laws on any subject mentioned in" +"the State List. Although the legislative power of a state legislature" +"is not suspended, it becomes subject to the overriding power of" +"the Parliament. Thus, the normal distribution of the legislative" +"powers between the Centre and states is suspended, though the" +"state Legislatures are not suspended. In brief, the Constitution" +"becomes unitary rather than federal." +"The laws made by Parliament on the state subjects during a" +"National Emergency become inoperative six months after the" +"emergency has ceased to operate." +"Notably, while a proclamation of national emergency is in" +"operation, the President can issue ordinances on the state" +"subjects also, if the Parliament is not in session." +"Further, the Parliament can confer powers and impose duties" +"upon the Centre or its officers and authorities in respect of matters" +"outside the Union List, in order to carry out the laws made by it" +" under its extended jurisdiction as a result of the proclamation of a" +"National Emergency." +"The 42nd Amendment Act of 1976 provided that the two" +"consequences mentioned above (executive and legislative)" +"extends not only to a state where the Emergency is in operation" +"but also to any other state." +"(c) Financial While a proclamation of national emergency is in" +"operation, the President can modify the constitutional distribution" +"of revenues between the centre and the states. This means that" +"the president can either reduce or cancel the transfer of finances" +"from Centre to the states. Such modification continues till the end" +"of the financial year in which the Emergency ceases to operate." +"Also, every such order of the President has to be laid before both" +"the Houses of Parliament." +"" +"Effect on the Life of the Lok Sabha and State Assembly" +"While a proclamation of National Emergency is in operation, the" +"life of the Lok Sabha may be extended beyond its normal term" +"(five years) by a law of Parliament for one year at a time (for any" +"length of time). However, this extension cannot continue beyond a" +"period of six months after the emergency has ceased to operate." +"For example, the term of the Fifth Lok Sabha (1971–1977) was" +"extended two times by one year at a time5 ." +"Similarly, the Parliament may extend the normal tenure of a" +"state legislative assembly (five years) by one year each time (for" +"any length of time) during a national emergency, subject to a" +"maximum period of six months after the Emergency has ceased to" +"operate." +"" +"Effect on the Fundamental Rights" +"Articles 358 and 359 describe the effect of a National Emergency" +"on the Fundamental Rights. Article 358 deals with the suspension" +"of the Fundamental Rights guaranteed by Article 19, while Article" +"359 deals with the suspension of other Fundamental Rights" +"(except those guaranteed by Articles 20 and 21). These two" +"provisions are explained below:" +"" +"(a) Suspension of Fundamental Rights under Article 19" +" According to Article 358, when a proclamation of national" +"emergency is made, the six Fundamental Rights under Article 19" +"are automatically suspended. No separate order for their" +"suspension is required." +"While a proclamation of national emergency is in operation, the" +"state is freed from the restrictions imposed by Article 19. In other" +"words, the state can make any law or can take any executive" +"action abridging or taking away the six Fundamental Rights" +"guaranteed by Article 19. Any such law or executive action cannot" +"be challenged on the ground that they are inconsistent with the six" +"Fundamental Rights guaranteed by Article 19. When the National" +"Emergency ceases to operate, Article 19 automatically revives" +"and comes into force. Any law made during Emergency, to the" +"extent of inconsistency with Article 19, ceases to have effect." +"However, no remedy lies for anything done during the Emergency" +"even after the Emergency expires. This means that the legislative" +"and executive actions taken during the emergency cannot be" +"challenged even after the Emergency ceases to operate." +"The 44th Amendment Act of 1978 restricted the scope of Article" +"358 in two ways. Firstly, the six Fundamental Rights under Article" +"19 can be suspended only when the National Emergency is" +"declared on the ground of war or external aggression and not on" +"the ground of armed rebellion. Secondly, only those laws which" +"are related with the Emergency are protected from being" +"challenged and not other laws. Also, the executive action taken" +"only under such a law is protected." +"" +"(b) Suspension of other Fundamental Rights" +"Article 359 authorises the president to suspend the right to move" +"any court for the enforcement of Fundamental Rights during a" +"National Emergency. This means that under Article 359, the" +"Fundamental Rights as such are not suspended, but only their" +"enforcement. The said rights are theoretically alive but the right to" +"seek remedy is suspended. The suspension of enforcement" +"relates to only those Fundamental Rights that are specified in the" +"Presidential Order. Further, the suspension could be for the period" +"during the operation of emergency or for a shorter period as" +"mentioned in the order, and the suspension order may extend to" +" the whole or any part of the country. It should be laid before each" +"House of Parliament for approval." +"While a Presidential Order is in force, the State can make any" +"law or can take any executive action abridging or taking away the" +"specified Fundamental Rights. Any such law or executive action" +"cannot be challenged on the ground that they are inconsistent" +"with the specified Fundamental Rights. When the Order ceases to" +"operate, any law so made, to the extent of inconsistency with the" +"specified Fundamental Rights, ceases to have effect. But no" +"remedy lies for anything done during the operation of the order" +"even after the order ceases to operate. This means that the" +"legislative and executive actions taken during the operation of the" +"Order cannot be challenged even after the Order expires." +"The 44th Amendment Act of 1978 restricted the scope of Article" +"359 in two ways. Firstly, the President cannot suspend the right to" +"move the Court for the enforcement of fundamental rights" +"guaranteed by Articles 20 to 21. In other words, the right to" +"protection in respect of conviction for offences (Article 20) and the" +"right to life and personal liberty (Article 21) remain enforceable" +"even during emergency. Secondly, only those laws which are" +"related with the emergency are protected from being challenged" +"and not other laws and the executive action taken only under such" +"a law, is protected." +"" +"Distinction Between Articles 358 and 359" +"The differences between Articles 358 and 359 can be summarised" +"as follows:" +"1. Article 358 is confined to Fundamental Rights under Article" +"19 only whereas Article 359 extends to all those" +"Fundamental Rights whose enforcement is suspended by" +"the Presidential Order." +"2. Article 358 automatically suspends the fundamental rights" +"under Article 19 as soon as the emergency is declared. On" +"the other hand, Article 359 does not automatically suspend" +"any Fundamental Right. It only empowers the president to" +"suspend the enforcement of the specified Fundamental" +"Rights." +" 3. Article 358 operates only in case of External Emergency" +"(that is, when the emergency is declared on the grounds of" +"war or external aggression) and not in the case of Internal" +"Emergency (ie, when the Emergency is declared on the" +"ground of armed rebellion). Article 359, on the other hand," +"operates in case of both External Emergency as well as" +"Internal Emergency." +"4. Article 358 suspends Fundamental Rights under Article 19" +"for the entire duration of Emergency while Article 359" +"suspends the enforcement of Fundamental Rights for a" +"period specified by the president which may either be the" +"entire duration of Emergency or a shorter period." +"5. Article 358 extends to the entire country whereas Article 359" +"may extend to the entire country or a part of it." +"6. Article 358 suspends Article 19 completely while Article 359" +"does not empower the suspension of the enforcement of" +"Articles 20 and 21." +"7. Article 358 enables the State to make any law or take any" +"executive action inconsistent with Fundamental Rights under" +"Article 19 while Article 359 enables the State to make any" +"law or take any executive action inconsistent with those" +"Fundamental Rights whose enforcement is suspended by" +"the Presidential Order." +"There is also a similarity between Article 358 and Article 359." +"Both provide immunity from challenge to only those laws which" +"are related with the Emergency and not other laws. Also, the" +"executive action taken only under such a law is protected by both." +"" +"Declarations Made So Far" +"This type of Emergency has been proclaimed three times so far–" +"in 1962, 1971 and 1975." +"The first proclamation of National Emergency was issued in" +"October 1962 on account of Chinese aggression in the NEFA" +"(North-East Frontier Agency–now Arunachal Pradesh), and was in" +"force till January 1968. Hence, a fresh proclamation was not" +"needed at the time of war against Pakistan in 1965." +"The second proclamation of national emergency was made in" +"December 1971 in the wake of attack by Pakistan. Even when this" +" Emergency was in operation, a third proclamation of National" +"Emergency was made in June 1975. Both the second and third" +"proclamations were revoked in March 1977." +"The first two proclamations (1962 and 1971) were made on the" +"ground of ‘external aggression’, while the third proclamation" +"(1975) was made on the ground of ‘internal disturbance’, that is," +"certain persons have been inciting the police and the armed" +"forces against the discharge of their duties and their normal" +"functioning." +"The Emergency declared in 1975 (internal emergency) proved" +"to be the most controversial. There was widespread criticism of" +"the misuse of Emergency powers. In the elections held to the Lok" +"Sabha in 1977 after the Emergency, the Congress Party led by" +"Indira Gandhi lost and the Janta Party came to power. This" +"government appointed the Shah Commission to investigate the" +"circumstances that warranted the declaration of an Emergency in" +"1975. The commission did not justify the declaration of the" +"Emergency. Hence, the 44th Amendment Act was enacted in" +"1978 to introduce a number of safeguards against the misuse of" +"Emergency provisions." +" PRESIDENT’S RULE" +"" +"Grounds of Imposition" +"Article 355 imposes a duty on the Centre to ensure that the" +"government of every state is carried on in accordance with the" +"provisions of the Constitution. It is this duty in the performance of" +"which the Centre takes over the government of a state under" +"Article 356 in case of failure of constitutional machinery in state." +"This is popularly known as ‘President’s Rule’. It is also known as" +"‘State Emergency’ or ‘Constitutional Emergency’." +"The President’s Rule can be proclaimed under Article 356 on" +"two grounds–one mentioned in Article 356 itself and another in" +"Article 365:" +"1. Article 356 empowers the President to issue a proclamation," +"if he is satisfied that a situation has arisen in which the" +"government of a state cannot be carried on in accordance" +"with the provisions of the Constitution. Notably, the president" +"can act either on a report of the governor of the state or" +"otherwise too (ie, even without the governor’s report)." +"2. Article 365 says that whenever a state fails to comply with or" +"to give effect to any direction from the Centre, it will be lawful" +"for the president to hold that a situation has arisen in which" +"the government of the state cannot be carried on in" +"accordance with the provisions of the Constitution." +"" +"Parliamentary Approval and Duration" +"A proclamation imposing President’s Rule must be approved by" +"both the Houses of Parliament within two months from the date of" +"its issue. However, if the proclamation of President’s Rule is" +"issued at a time when the Lok Sabha has been dissolved or the" +"dissolution of the Lok Sabha takes place during the period of two" +"months without approving the proclamation, then the proclamation" +"survives until 30 days from the first sitting of the Lok Sabha after" +"its reconstitution, provided the Rajya Sabha approves it in the" +"mean time." +" If approved by both the Houses of Parliament, the President’s" +"Rule continues for six months6. It can be extended for a maximum" +"period of three years7 with the approval of the Parliament, every" +"six months. However, if the dissolution of the Lok Sabha takes" +"place during the period of six months without approving the further" +"continuation of the President’s Rule, then the proclamation" +"survives until 30 days from the first sitting of the Lok Sabha after" +"its reconstitution, provided the Rajya Sabha has in the meantime" +"approved its continuance." +"Every resolution approving the proclamation of President’s Rule" +"or its continuation can be passed by either House of Parliament" +"only by a simple majority, that is, a majority of the members of that" +"House present and voting." +"The 44th Amendment Act of 1978 introduced a new provision" +"to put restraint on the power of Parliament to extend a" +"proclamation of President’s Rule beyond one year. Thus, it" +"provided that, beyond one year, the President’s Rule can be" +"extended by six months at a time only when the following two" +"conditions are fulfilled:" +"1. a proclamation of National Emergency should be in" +"operation in the whole of India, or in the whole or any part of" +"the state; and" +"2. the Election Commission must certify that the general" +"elections to the legislative assembly of the concerned state" +"cannot be held on account of difficulties." +"A proclamation of President’s Rule may be revoked by the" +"President at any time by a subsequent proclamation. Such a" +"proclamation does not require the parliamentary approval." +"" +"Consequences of President’s Rule" +"The President acquires the following extraordinary powers when" +"the President’s Rule is imposed in a state:" +"1. He can take up the functions of the state government and" +"powers vested in the governor or any other executive" +"authority in the state." +"2. He can declare that the powers of the state legislature are to" +"be exercised by the Parliament." +" 3. He can take all other necessary steps including the" +"suspension of the constitutional provisions relating to any" +"body or authority in the state." +"Therefore, when the President’s Rule is imposed in a state, the" +"President dismisses the state council of ministers headed by the" +"chief minister. The state governor, on behalf of the President," +"carries on the state administration with the help of the chief" +"secretary of the state or the advisors appointed by the President." +"This is the reason why a proclamation under Article 356 is" +"popularly known as the imposition of ‘President’s Rule’ in a state." +"Further, the President either suspends or dissolves the state" +"legislative assembly8. The Parliament passes the state legislative" +"bills and the state budget." +"When the state legislature is thus suspended or dissolved:" +"1. the Parliament can delegate the power to make laws for the" +"state to the President or to any other authority specified by" +"him in this regard," +"2. the Parliament or in case of delegation, the President or any" +"other specified authority can make laws conferring powers" +"and imposing duties on the Centre or its officers and" +"authorities," +"3. the President can authorise, when the Lok Sabha is not in" +"session, expenditure from the state consolidated fund" +"pending its sanction by the Parliament, and" +"4. the President can promulgate, when the Parliament is not in" +"session, ordinances for the governance of the state." +"A law made by the Parliament or president or any other" +"specified authority continues to be operative even after the" +"President’s Rule. This means that the period for which such a law" +"remains in force is not coterminous with the duration of the" +"proclamation. But it can be repealed or altered or re-enacted by" +"the state legislature." +"It should be noted here that the President cannot assume to" +"himself the powers vested in the concerned state high court or" +"suspend the provisions of the Constitution relating to it. In other" +"words, the constitutional position, status, powers and functions of" +"the concerned state high court remain same even during the" +"President’s Rule." +" Use of Article 356" +"Since 1950, the President’s Rule has been imposed on more than" +"125 occasions, that is, on an average twice a year. Further, on a" +"number of occasions, the President’s Rule has been imposed in" +"an arbitrary manner for political or personal reasons. Hence," +"Article 356 has become one of the most controversial and most" +"criticised provision of the Constitution." +"" +"Table 16.1 Comparing National Emergency and President’s Rule" +"National Emergency (Article President’s Rule (Article" +"352) 356)" +"1. It can be proclaimed only 1. It can be proclaimed when" +"when the security of India the government of a state" +"or a part of it is threatened cannot be carried on in" +"by war, external aggression accordance with the" +"or armed rebellion. provisions of the" +"Constitution due to reasons" +"which may not have any" +"connection with war," +"external aggression or" +"armed rebellion." +"2. During its operation, the 2. During its operation, the" +"state executive and state executive is" +"legislature continue to dismissed and the state" +"function and exercise the legislature is either" +"powers assigned to them suspended or dissolved." +"under the Constitution. Its The president administers" +"effect is that the Centre the state through the" +"gets concurrent powers of governor and the" +"administration and Parliament makes laws for" +"legislation in the state. the state. In brief, the" +"executive and legislative" +"powers of the state are" +"assumed by the Centre." +"3. Under this, the Parliament 3. Under this, the Parliament" +"can make laws on the can delegate the power to" +" subjects enumerated in the make laws for the state to" +"State List only by itself, that the President or to any" +"is, it cannot delegate the other authority specified by" +"same to any other body or him. So far, the practice" +"authority. has been for the president" +"to make laws for the state" +"in consultation with the" +"members of Parliament" +"from that state. Such laws" +"are known as President’s" +"Acts." +"4. There is no maximum 4. There is a maximum period" +"period prescribed for its prescribed for its operation," +"operation. It can be that is, three years." +"continued indefinitely with Thereafter, it must come to" +"the approval of Parliament an end and the normal" +"for every six months. constitutional machinery" +"must be restored in the" +"state." +"5. Under this, the relationship 5. Under this, the relationship" +"of the Centre with all the of only the state under" +"states undergoes a emergency with the Centre" +"modification. undergoes a modification." +"6. Every resolution of 6. Every resolution of" +"Parliament approving its Parliament approving its" +"proclamation or its proclamation or its" +"continuance must be continuance can be passed" +"passed by a special only by a simple majority." +"majority." +"7. It affects fundamental rights 7. It has no effect on" +"of the citizens. Fundamental Rights of the" +"citizens." +"8. Lok Sabha can pass a 8. There is no such provision." +"resolution for its revocation. It can be revoked by the" +"President only on his own." +" For the first time, the President’s Rule was imposed in Punjab" +"in 1951. By now, all most all the states have been brought under" +"the President’s Rule, once or twice or more. The details in this" +"regard are given in Table 16.2 at the end of this chapter." +"When general elections were held to the Lok Sabha in 1977" +"after the internal emergency, the ruling Congress Party lost and" +"the Janta Party came to power. The new government headed by" +"Morarji Desai imposed President’s Rule in nine states9 (where the" +"Congress Party was in power) on the ground that the assemblies" +"in those states no longer represented the wishes of the electorate." +"When the Congress Party returned to power in 1980, it did the" +"same in nine states10 on the same ground." +"In 1992, President’s Rule was imposed in three BJP-ruled" +"states (Madhya Pradesh, Himachal Pradesh and Rajasthan) by" +"the Congress Party on the ground that they were not" +"implementing sincerely the ban imposed by the Centre on" +"religious organisations. In a landmark judgement in Bommai" +"case11 (1994), the Supreme Court upheld the validity of this" +"proclamation on the ground that secularism is a ‘basic feature’ of" +"the Constitution. But, the court did not uphold the validity of the" +"imposition of the President’s Rule in Nagaland in 1988, Karnataka" +"in 1989 and Meghalaya in 1991." +"Dr. B.R. Ambedkar, while replying to the critics of this provision" +"in the Constituent Assembly, hoped that the drastic power" +"conferred by Article 356 would remain a ‘deadletter’ and would be" +"used only as a measure of last resort. He observed12 :" +"“The intervention of the Centre must be deemed to be barred," +"because that would be an invasion on the sovereign authority" +"of the province (state). That is a fundamental proposition which" +"we must accept by reason of the fact that we have a Federal" +"Constitution. That being so, if the Centre is to interfere in the" +"administration of provincial affairs, it must be under some" +"obligation which the Constitution imposes upon the Centre. The" +"proper thing we ought to expect is that such Articles will never" +"be called into operation and that they would remain a dead-" +"letter. If at all they are brought into operation, I hope the" +"President who is endowed with this power will take proper" +" precautions before actually suspending the administration of" +"the province.”" +"However, the subsequent events show that what was hoped to" +"be a ‘dead-letter’ of the Constitution has turned to be a ‘deadly-" +"weapon’ against a number of state governments and legislative" +"assemblies. In this context, H.V. Kamath, a member of the" +"Constituent Assembly commented a decade ago: ‘Dr. Ambedkar" +"is dead and the Articles are very much alive’." +"" +"Scope of Judicial Review" +"The 38th Amendment Act of 1975 made the satisfaction of the" +"President in invoking Article 356 final and conclusive which could" +"not be challenged in any court on any ground. But, this provision" +"was subsequently deleted by the 44th Amendment Act of 1978" +"implying that the satisfaction of the President is not beyond" +"judicial review." +"In Bommai case (1994), the following propositions have been" +"laid down by the Supreme Court on imposition of President’s Rule" +"in a state under Article 356:" +"1. The presidential proclamation imposing President’s Rule is" +"subject to judicial review." +"2. The satisfaction of the President must be based on relevant" +"material. The action of the president can be struck down by" +"the court if it is based on irrelevant or extraneous grounds or" +"if it was found to be malafide or perverse." +"3. Burden lies on the Centre to prove that relevant material" +"exist to justify the imposition of the President’s Rule." +"4. The court cannot go into the correctness of the material or" +"its adequacy but it can see whether it is relevant to the" +"action." +"5. If the court holds the presidential proclamation to be" +"unconstitutional and invalid, it has power to restore the" +"dismissed state government and revive the state legislative" +"assembly if it was suspended or dissolved." +"6. The state legislative assembly should be dissolved only after" +"the Parliament has approved the presidential proclamation." +"Until such approval is given, the president can only suspend" +" the assembly. In case the Parliament fails to approve the" +"proclamation, the assembly would get reactivated." +"7. Secularism is one of the ‘basic features’ of the Constitution." +"Hence, a state government pursuing anti-secular politics is" +"liable to action under Article 356." +"8. The question of the state government losing the confidence" +"of the legislative assembly should be decided on the floor of" +"the House and until that is done the ministry should not be" +"unseated." +"9. Where a new political party assumes power at the Centre, it" +"will not have the authority to dismiss ministries formed by" +"other parties in the states." +"10. The power under Article 356 is an exceptional power and" +"should be used only occassionally to meet the requirements" +"of special situations." +"" +"Cases of Proper and Improper Use" +"Based on the report of the Sarkaria Commission on Centre-state" +"Relations (1988), the Supreme Court in Bommai case (1994)" +"enlisted the situations where the exercise of power under Article" +"356 could be proper or improper13 ." +"Imposition of President’s Rule in a state would be proper in the" +"following situations:" +"1. Where after general elections to the assembly, no party" +"secures a majority, that is, ‘Hung Assembly’." +"2. Where the party having a majority in the assembly declines" +"to form a ministry and the governor cannot find a coalition" +"ministry commanding a majority in the assembly." +"3. Where a ministry resigns after its defeat in the assembly and" +"no other party is willing or able to form a ministry" +"commanding a majority in the assembly." +"4. Where a constitutional direction of the Central government is" +"disregarded by the state government." +"5. Internal subversion where, for example, a government is" +"deliberately acting against the Constitution and the law or is" +"fomenting a violent revolt." +"6. Physical breakdown where the government wilfully refuses" +"to discharge its constitutional obligations endangering the" +" security of the state." +"The imposition of President’s Rule in a state would be improper" +"under the following situations:" +"1. Where a ministry resigns or is dismissed on losing majority" +"support in the assembly and the governor recommends" +"imposition of President’s Rule without probing the possibility" +"of forming an alternative ministry." +"2. Where the governor makes his own assessment of the" +"support of a ministry in the assembly and recommends" +"imposition of President’s Rule without allowing the ministry" +"to prove its majority on the floor of the Assembly." +"3. Where the ruling party enjoying majority support in the" +"assembly has suffered a massive defeat in the general" +"elections to the Lok Sabha such as in 1977 and 1980." +"4. Internal disturbances not amounting to internal subversion or" +"physical breakdown." +"5. Maladministration in the state or allegations of corruption" +"against the minis-tryor stringent financial exigencies of the" +"state." +"6. Where the state government is not given prior warning to" +"rectify itself except in case of extreme urgency leading to" +"disastrous consequences." +"7. Where the power is used to sort out intraparty problems of" +"the ruling party, or for a purpose extraneous or irrelevant to" +"the one for which it has been conferred by the Constitution." +" FINANCIAL EMERGENCY" +"" +"Grounds of Declaration" +"Article 360 empowers the president to proclaim a Financial" +"Emergency if he is satisfied that a situation has arisen due to" +"which the financial stability or credit of India or any part of its" +"territory is threatened." +"The 38th Amendment Act of 1975 made the satisfaction of the" +"president in declaring a Financial Emergency final and conclusive" +"and not questionable in any court on any ground. But, this" +"provision was subsequently deleted by the 44th Amendment Act" +"of 1978 implying that the satisfaction of the president is not" +"beyond judicial review." +"" +"Parliamentary Approval and Duration" +"A proclamation declaring financial emergency must be approved" +"by both the Houses of Parliament within two months from the date" +"of its issue. However, if the proclamation of Financial Emergency" +"is issued at a time when the Lok Sabha has been dissolved or the" +"dissolution of the Lok Sabha takes place during the period of two" +"months without approving the proclamation, then the proclamation" +"survives until 30 days from the first sitting of the Lok Sabha after" +"its reconstitution, provided the Rajya Sabha has in the meantime" +"approved it." +"Once approved by both the Houses of Parliament, the Financial" +"Emergency continues indefinitely till it is revoked. This implies two" +"things:" +"1. there is no maximum period prescribed for its operation; and" +"2. repeated parliamentary approval is not required for its" +"continuation." +"A resolution approving the proclamation of financial emergency" +"can be passed by either House of Parliament only by a simple" +"majority, that is, a majority of the members of that house present" +"and voting." +" A proclamation of Financial Emergency may be revoked by the" +"president at anytime by a subsequent proclamation. Such a" +"proclamation does not require the parliamentary approval." +"" +"Effects of Financial Emergency" +"The consequences of the proclamation of a Financial Emergency" +"are as follows:" +"1. The executive authority of the Centre extends to the giving" +"of (a) directions to any state to observe such canons of" +"financial propriety as may be specified in the directions; and" +"(b) such other directions to any state as the President may" +"deem necessary and adequate for the purpose." +"2. Any such direction may include a provision requiring (a) the" +"reduction of salaries and allowances of all or any class of" +"persons serving in the state; and (b) the reservation of all" +"money bills or other financial bills for the consideration of the" +"President after they are passed by the legislature of the" +"state." +"3. The President may issue directions for the reduction of" +"salaries and allowances of (a) all or any class of persons" +"serving the Union; and (b) the judges of the Supreme Court" +"and the high court." +"Thus, during the operation of a financial emergency, the Centre" +"acquires full control over the states in financial matters. H.N." +"Kunzru, a member of the Constituent Assembly, stated that the" +"financial emergency provisions pose a serious threat to the" +"financial autonomy of the states. Explaining the reasons for their" +"inclusion in the Constitution, Dr. B.R. Ambedkar observed in the" +"Constituent Assembly14 :" +"“This Article more or less follows the pattern of what is called" +"the National Recovery Act of the United States passed in 1933," +"which gave the president power to make similar provisions in" +"order to remove the difficulties, both economical and financial, that" +"had overtaken the American people, as a result of the Great" +"Depression.”" +"No Financial Emergency has been declared so far, though" +"there was a financial crisis in 1991." +" CRITICISM OF THE EMERGENCY PROVISIONS" +"Some members of the Constituent Assembly criticised the" +"incorporation of emergency provisions in the Constitution on the" +"following grounds15 :" +"1. ‘The federal character of the Constitution will be destroyed" +"and the Union will become all powerful." +"2. The powers of the State–both the Union and the units–will" +"entirely be concentrated in the hands of the Union executive." +"3. The President will become a dictator." +"4. The financial autonomy of the state will be nullified." +"5. Fundamental rights will become meaningless and, as a" +"result, the democratic foundations of the Constitution will be" +"destroyed.’" +"Thus, H.V. Kamath observed: ‘I fear that by this single chapter" +"we are seeking to lay the foundation of a totalitarian state, a police" +"state, a state completely opposed to all the ideals and principles" +"that we have held aloft during the last few decades, a State where" +"the rights and liberties of millions of innocent men and women will" +"be in continuous jeopardy, a State where if there be peace, it will" +"be the peace of the grave and the void of the desert(. . .) It will be" +"a day of shame and sorrow when the President makes use of" +"these Powers having no parallel in any Constitution of the" +"democratic countries of the world’16 ." +"K.T. Shah described them as: ‘A chapter of reaction and" +"retrogression. (. . .) I find one cannot but notice two distinct" +"currents of thought underlying and influencing throughout the" +"provisions of this chapter: (a) to arm the Centre with special" +"powers against the units and (b) to arm the government against" +"the people . . . Looking at all the provisions of this chapter" +"particularly and scrutinising the powers that have been given in" +"almost every article, it seems to me, the name only of liberty or" +"democracy will remain under the Constitution’." +"T.T. Krishnamachari feared that ‘by means of these provisions" +"the President and the Executive would be exercising a form of" +"constitutional dictatorship’17 ." +" H.N. Kunzru opined that ‘the emergency financial provisions" +"pose a serious threat to the financial autonomy of the States.’" +"However, there were also protagonists of the emergency" +"provisions in the Constituent Assembly. Thus, Sir Alladi" +"Krishnaswami Ayyar labelled them as ‘the very life-breath of the" +"Constitution’. Mahabir Tyagi opined that they would work as a" +"‘safety-valve’ and thereby help in the maintenance of the" +"Constitution18 ." +"While defending the emergency provisions in the Constituent" +"Assembly, Dr. B.R. Ambedkar also accepted the possibility of their" +"misuse. He observed, ‘I do not altogether deny that there is a" +"possibility of the Articles being abused or employed for political" +"purposes’19 ." +"" +"Table 16.2 Imposition of President’s Rule (1951–2019)" +"Sl. States/Union No. of Times Years of" +"No. Territories Imposed Imposition" +"I. States:" +"1. Andhra Pradesh 3 195420 , 1973," +"2014" +"2. Arunachal 2 1979, 2016" +"Pradesh" +"3. Assam 4 1979, 1981, 1982," +"1990" +"4. Bihar 8 1968, 1969, 1972," +"1977, 1980, 1995," +"1999, 2005" +"5. Chhattisgarh -- --" +"6. Goa 5 1966, 1979, 1990," +"1999, 2005" +"7. Gujarat 5 1971, 1974, 1976," +"1980, 1996" +"8. Haryana 3 1967, 1977, 1991" +"9. Himachal Pradesh 2 1977, 1992" +" 10. Jharkhand 3 2009, 2010, 2013" +"11. Karnataka 6 1971, 1977, 1989," +"1990, 2007, 2007" +"12. Kerala 5 195621 , 1959," +"1964, 1970, 1979" +"13. Madhya Pradesh22 3 1977, 1980, 1992" +"14. Maharashtra 2 1980, 2014" +"15. Manipur 10 1967, 1967, 1969," +"1973, 1977, 1979," +"1981, 1992, 1993," +"2001" +"16. Meghalaya 2 1991, 2009" +"17. Mizoram 3 1977, 1978, 1988" +"18. Nagaland 4 1975, 1988, 1992," +"2008" +"19. Odisha 6 1961, 1971, 1973," +"1976, 1977, 1980" +"20. Punjab23 8 1951, 1966, 1968," +"1971, 1977, 1980," +"1983, 1987" +"21. Rajasthan 4 1967, 1977, 1980," +"1992" +"22. Sikkim 2 1978, 1984" +"23. Tamil Nadu 4 1976, 1980, 1988," +"1991" +"24. Telangana -- --" +"25. Tripura 3 1971, 1977, 1993" +"26. Uttarakhand 2 2016, 2016" +"27. Uttar Pradesh 9 1968, 1970, 1973," +"1975, 1977, 1980," +"1992, 1995, 2002" +"28. West Bengal 4 1962, 1968, 1970," +" 1971" +"II. Union Territories:" +"1. Delhi 1 2014" +"2. Puducherry 6 1968, 1974, 1974," +"1978, 1983, 1991" +"3. Jammu and 1 2019" +"Kashmir24" +"" +"Table 16.3 Articles Related to Emergency Provisions at a Glance" +"Article No. Subject-matter" +"352. Proclamation of Emergency" +"353. Effect of Proclamation of Emergency" +"354. Application of provisions relating to distribution of" +"revenues while a Proclamation of Emergency is in" +"operation" +"355. Duty of the Union to protect states against external" +"aggression and internal disturbance" +"356. Provisions in case of failure of constitutional" +"machinery in states" +"357. Exercise of legislative powers under proclamation" +"issued under Article 356" +"358. Suspension of provisions of Article 19 during" +"Emergencies" +"359. Suspension of the enforcement of the rights" +"conferred by Part III during Emergencies" +"359A. Application of this part to the state of Punjab" +"(Repealed)" +"360. Provisions as to Financial Emergency" +"" +"" +"NOTES AND REFERENCES" +"1. Constituent Assembly Debates, Volume VII, p. 34." +" 2. The phrase ‘armed rebellion’ was inserted by the 44th" +"Amendment Act of 1978, replacing the original phrase" +"‘internal disturbance’." +"3. Article 352 defines the term ‘Cabinet’ as the council" +"consisting of the Prime Minister and other ministers of" +"the Cabinet rank." +"4. Minerva Mills v. Union of India, (1980)." +"5. The term of the Fifth Lok Sabha which was to expire on" +"18 March, 1976 was extended by one year upto 18" +"March, 1977 by the House of the People (Extension of" +"Duration) Act, 1976. It was extend for a further period of" +"one year upto 18 March, 1978 by the House of the" +"People (Extension of Duration) Amendment Act, 1976." +"However, the House was dissolved on 18 January," +"1977, after having been in existence for a period of five" +"years, ten months and six days." +"6. The 42nd Amendment Act of 1976 had raised the" +"period of six months to one year. Thus, once approved" +"by both the Houses of Parliament, the proclamation of" +"President’s Rule could continue for one year. But, the" +"44th Amendment Act of 1978 again reduced the period" +"to six months." +"7. The President’s Rule imposed in May, 1987 in Punjab" +"was allowed to continue for five years under the 68th" +"Amendment Act of 1991." +"8. In case of dissolution, fresh elections are held for" +"constituting a new legislative assembly in the state." +"9. Those nine States include Rajasthan, Uttar Pradesh," +"Madhya Pradesh, Punjab, Bihar, Himachal Pradesh," +"Orissa, West Bengal and Haryana." +"10. Those nine states include Uttar Pradesh, Bihar," +"Rajasthan, Madhya Pradesh, Punjab, Orissa, Gujarat," +"Maharashtra and Tamil Nadu." +"11. S.R. Bommai v. Union of India (1994)." +"12. Constituent Assembly Debates, Volume IX, p. 133 and" +"177" +"13. Report of the Commission on Centre- State Relations," +"Part I, p. 165–180 (1988)." +" 14. Constituent Assembly Debates, Volume X, p. 361–372." +"15. Quoted from M.V. Pylee, India’s Constitution, S Chand," +"Fifth Edition, 1994, p. 280." +"16. Constituent Assembly Debates, Volume IX, p. 105." +"17. Ibid, p. 123." +"18. Ibid, p. 547." +"19. Ibid, p. 177." +"20. This was imposed in Andhra State." +"21. This was imposed in Travancore-Cochin." +"22. Vindhya Pradesh had President’s Rule from 1949–" +"1952. This state was merged into that of Madhya" +"Pradesh State in 1956." +"23. In 1953, the President’s Rule was imposed in Patiala" +"and East Punjab States Union (PEPSU) which was" +"merged into that of Punjab State in 1956." +"24. The President’s Rule was imposed in the erstwhile state" +"of Jammu and Kashmir on 8 times, that is, in 1977," +"1986, 1990, 2002, 2015, 2016, 2018." +" PART-III" +"CENTRAL GOVERNMENT" +"" +"17. President" +"18. Vice-President" +"19. Prime Minister" +"20. Central Council of Ministers" +"21. Cabinet Committees" +"22. Parliament" +"23. Parliamentary Committees" +"24. Parliamentary Forums" +"25. Parliamentary Group" +"26. Supreme Court" +"27. Judicial Review" +"28. Judicial Activism" +"29. Public Interest Litigation" +" 17 President" +"" +"" +"" +"" +"A" +"rticles 52 to 78 in Part V of the Constitution deal with the Union" +"executive." +"The Union executive consists of the President, the Vice-" +"President, the Prime Minister, the council of ministers and the attorney" +"general of India." +"The President is the head of the Indian State. He is the first citizen" +"of India and acts as the symbol of unity, integrity and solidarity of the" +"nation." +" ELECTION OF THE PRESIDENT" +"The President is elected not directly by the people but by members of" +"electoral college consisting of:" +"1. the elected members of both the Houses of Parliament;" +"2. the elected members of the legislative assemblies of the states;" +"and" +"3. the elected members of the legislative assemblies of the Union" +"Territories of Delhi and Puducherry1 ." +"Thus, the nominated members of both of Houses of Parliament, the" +"nominated members of the state legislative assemblies, the members" +"(both elected and nominated) of the state legislative councils (in case" +"of the bicameral legislature) and the nominated members of the" +"Legislative Assemblies of Delhi and Puducherry do not participate in" +"the election of the President. Where an assembly is dissolved, the" +"members cease to be qualified to vote in presidential election, even if" +"fresh elections to the dissolved assembly are not held before the" +"presidential election." +"The Constitution provides that there shall be uniformity in the scale" +"of representation of different states as well as parity between the" +"states as a whole and the Union at the election of the President. To" +"achieve this, the number of votes which each elected member of the" +"legislative assembly of each state and the Parliament is entitled to" +"cast at such election shall be determined in the following manner:" +"1. Every elected member of the legislative assembly of a state" +"shall have as many votes as there are multiples of one thousand" +"in the quotient obtained by dividing the population of the state by" +"the total number of the elected members of the assembly2. This" +"can be expressed as:" +"" +"" +"" +"" +"2. Every elected member of either House of Parliament shall have" +"such number of votes as may be obtained by dividing the total" +"number of votes assigned to members of the legislative" +"assemblies of the states by the total number of the elected" +" members of both the Houses of Parliament. This can be" +"expressed as:" +"" +"" +"" +"" +"The President’s election is held in accordance with the system of" +"proportional representation by means of the single transferable vote" +"and the voting is by secret ballot. This system ensures that the" +"successful candidate is returned by the absolute majority of votes. A" +"candidate, in order to be declared elected to the office of President," +"must secure a fixed quota of votes. The quota of votes is determined" +"by dividing the total number of valid votes polled by the number of" +"candidates to be elected (here only one candidate is to be elected as" +"President) plus one and adding one to the quotient. The formula can" +"be expressed as:" +"" +"" +"" +"" +"Each member of the electoral college is given only one ballot paper." +"The voter, while casting his vote, is required to indicate his" +"preferences by marking 1, 2, 3, 4, etc. against the names of" +"candidates. This means that the voter can indicate as many" +"preferences as there are candidates in the fray." +"In the first phase, the first preference votes are counted. In case a" +"candidate secures the required quota in this phase, he is declared" +"elected. Otherwise, the process of transfer of votes is set in motion." +"The ballots of the candidate securing the least number of first" +"preference votes are cancelled and his second preference votes are" +"transferred to the first preference votes of other candidates. This" +"process continues till a candidate secures the required quota." +"All doubts and disputes in connection with election of the President" +"are inquired into and decided by the Supreme Court whose decision is" +"final. The election of a person as President cannot be challenged on" +"the ground that the electoral college was incomplete (ie, existence of" +"any vacancy among the members of electoral college). If the election" +"of a person as President is declared void by the Supreme Court, acts" +"done by him before the date of such declaration of the Supreme Court" +"are not invalidated and continue to remain in force." +" Some members of the Constituent Assembly criticised the system" +"of indirect election for the President as undemocratic and proposed" +"the idea of direct election. However, the Constitution makers chose" +"the indirect election due to the following reasons3 :" +"1. The indirect election of the President is in harmony with the" +"parliamentary system of government envisaged in the" +"Constitution. Under this system, the President is only a nominal" +"executive and the real powers are vested in the council of" +"ministers headed by the prime minister. It would have been" +"anomalous to have the President elected directly by the people" +"and not give him any real power." +"2. The direct election of the President would have been very costly" +"and time- and energy-consuming due to the vast size of the" +"electorate. This is unwarranted keeping in view that he is only a" +"symbolic head." +"Some members of the Constituent Assembly suggested that the" +"President should be elected by the members of the two Houses of" +"Parliament alone. The makers of the Constitution did not prefer this as" +"the Parliament, dominated by one political party, would have invariably" +"chosen a candidate from that party and such a President could not" +"represent the states of the Indian Union. The present system makes" +"the President a representative of the Union and the states equally." +"Further, it was pointed out in the Constituent Assembly that the" +"expression ‘proportional representation’ in the case of presidential" +"election is a misnomer. Proportional representation takes place where" +"two or more seats are to be filled. In case of the President, the" +"vacancy is only one. It could better be called a preferential or" +"alternative vote system. Similarly, the expression ‘single transferable" +"vote’ was also objected on the ground that no voter has a single vote;" +"every voter has plural votes." +" QUALIFICATIONS, OATH AND CONDITIONS" +"" +"Qualifications for Election as President" +"A person to be eligible for election as President should fulfil the" +"following qualifications:" +"1. He should be a citizen of India." +"2. He should have completed 35 years of age." +"3. He should be qualified for election as a member of the Lok" +"Sabha." +"4. He should not hold any office of profit under the Union" +"government or any state government or any local authority or" +"any other public authority. A sitting President or VicePresident of" +"the Union, the Governor of any state and a minister of the Union" +"or any state is not deemed to hold any office of profit and hence" +"qualified as a presidential candidate." +"Further, the nomination of a candidate for election to the office of" +"President must be subscribed by at least 50 electors as proposers and" +"50 electors as seconders. Every candidate has to make a security" +"deposit of ₹15,000 in the Reserve Bank of India. The security deposit" +"is liable to be forfeited in case the candidate fails to secure one-sixth" +"of the votes polled. Before 1997, number of proposers and seconders" +"was ten each and the amount of security deposit was ₹2,500. In 1997," +"they were increased to discourage the non-serious candidates4 ." +"" +"Oath or Affirmation by the President" +"Before entering upon his office, the President has to make and" +"subscribe to an oath or affirmation. In his oath, the President swears:" +"1. to faithfully execute the office;" +"2. to preserve, protect and defend the Constitution and the law;" +"and" +"3. to devote himself to the service and well-being of the people of" +"India." +"" +"Table 17.1 Elections of the Presidents (1952–2017)" +"Sl. Election Victorious No. of Main Rival No. of" +"No. Year Candidate Votes Candidate Votes" +" secured secured" +"(%) (%)" +"1. 1952 Dr. Rajendra 507400 K.T. Shah 92827" +"Prasad (83.81) (15.3)" +"2. 1957 Dr. Rajendra 459698 N.N. Das 2000 (0.4)" +"Prasad (99.35)" +"3. 1962 Dr. S. 553067 Ch.Hari Ram 6341 (1.1)" +"Radhakrishnan (98.24)" +"4. 1967 Dr. Zakir 471244 K. Subba Rao 363971" +"Hussain (56.23) (43.4)" +"5. 1969 V.V. Giri 420077 N. Sanjeeva 405427" +"(50.22) Reddy (48.5)" +"6. 1974 Fakhruddin Ali 756587 Tridev 189186" +"Ahmed (80.18) Chaudhuri (19.8)" +"7. 1977 N. Sanjeeva — Unopposed —" +"Reddy" +"8. 1982 Giani Zail 754113 H.R. Khanna 282685" +"Singh (72.73) (27.6)" +"9. 1987 R. 740148 V.Krishna 281550" +"Venkataraman (72.29) Ayyer (27.1)" +"10. 1992 Dr. Shankar 675564 George Swell 346485" +"Dayal Sharma (65.86) (33.21)" +"11. 1997 K.R. 956290 T.N. Sheshan 50431" +"Narayanan (94.97) (5.07)" +"12. 2002 Dr. A.P.J. 922844 Laxmi Sehgal 107366" +"Abdul Kalam (89.58) (10.42)" +"13. 2007 Ms. Pratibha 638116 B.S. 331306" +"Patil (65.82) Shekhawat (34.17)" +"14. 2012 Pranab 713763 P.A. Sangma 315987" +"Mukherjee (68.12) (30.15)" +"15. 2017 Ram Nath 702044 Meira Kumar 367314" +"Kovind (65.65) (34.35)" +"The oath of office to the President is administered by the Chief" +"Justice of India and in his absence, the seniormost judge of the" +"Supreme Court available." +" Any other person acting as President or discharging the functions" +"of the President also undertakes the similar oath or affirmation." +"" +"Conditions of President’s Office" +"The Constitution lays down the following conditions of the President’s" +"office:" +"1. He should not be a member of either House of Parliament or a" +"House of the state legislature. If any such person is elected as" +"President, he is deemed to have vacated his seat in that House" +"on the date on which he enters upon his office as President." +"2. He should not hold any other office of profit." +"3. He is entitled, without payment of rent, to the use of his official" +"residence (the Rastrapathi Bhavan)." +"4. He is entitled to such emoluments, allowances and privileges as" +"may be determined by Parliament." +"5. His emoluments and allowances cannot be diminished during" +"his term of office." +"In 2018, the Parliament increased the salary of the President from" +"₹1.50 lakh to ₹5 lakh per month4a. Earlier in 2008, the pension of the" +"retired President was increased from ₹3 lakh per annum to 50% of his" +"salary per month5. In addition, the former Presidents are entitled to" +"furnished residence, phone facilities, car, medical treatment, travel" +"facility, secretarial staff and office expenses upto ₹1,00,000 per" +"annum. The spouse of a deceased President is also entitled to a" +"family pension at the rate of 50% of pension of a retired President," +"furnished residence, phone facility, car, medical treatment, travel" +"facility, secretarial staff and office expenses upto ₹20,000 per annum." +"The President is entitled to a number of privileges and immunities." +"He enjoys personal immunity from legal liability for his official acts." +"During his term of office, he is immune from any criminal proceedings," +"even in respect of his personal acts. He cannot be arrested or" +"imprisoned. However, after giving two months’ notice, civil" +"proceedings can be instituted against him during his term of office in" +"respect of his personal acts." +" TERM, IMPEACHMENT AND VACANCY" +"" +"Term of President’s Office" +"The President holds office for a term of five years from the date on" +"which he enters upon his office. However, he can resign from his" +"office at any time by addressing the resignation letter to the Vice-" +"President. Further, he can also be removed from the office before" +"completion of his term by the process of impeachment." +"The President can hold office beyond his term of five years until his" +"successor assumes charge. He is also eligible for re-election to that" +"office. He may be elected for any number of terms6. However, in USA," +"a person cannot be elected to the office of the President more than" +"twice." +"" +"Impeachment of President" +"The President can be removed from office by a process of" +"impeachment for ‘violation of the Constitution’. However, the" +"Constitution does not define the meaning of the phrase ‘violation of" +"the Constitution’." +"The impeachment charges can be initiated by either House of" +"Parliament. These charges should be signed by one-fourth members" +"of the House (that framed the charges), and a 14 days’ notice should" +"be given to the President. After the impeachment resolution is passed" +"by a majority of two-thirds of the total membership of that House, it is" +"sent to the other House, which should investigate the charges. The" +"President has the right to appear and to be represented at such" +"investigation. If the other House also sustains the charges and passes" +"the impeachment resolution by a majority of two-thirds of the total" +"membership, then the President stands removed from his office from" +"the date on which the resolution is so passed." +"Thus, an impeachment is a quasi-judicial procedure in the" +"Parliament. In this context, two things should be noted: (a) the" +"nominated members of either House of Parliament can participate in" +"the impeachment of the President though they do not participate in his" +"election; (b) the elected members of the legislative assemblies of" +"states and the Union Territories of Delhi and Puducherry do not" +"participate in the impeachment of the President though they" +"participate in his election." +" No President has so far been impeached." +"" +"Vacancy in the President’s Office" +"A vacancy in the President’s office can occur in any of the following" +"ways:" +"1. On the expiry of his tenure of five years." +"2. By his resignation." +"3. On his removal by the process of impeachment." +"4. By his death7 ." +"5. Otherwise, for example, when he becomes disqualified to hold" +"office or when his election is declared void." +"When the vacancy is going to be caused by the expiration of the" +"term of the sitting President, an election to fill the vacancy must be" +"held before the expiration of the term. In case of any delay in" +"conducting the election of new President by any reason, the outgoing" +"President continues to hold office (beyond his term of five years) until" +"his successor assumes charge. This is provided by the Constitution in" +"order to prevent an ‘interregnum’. In this situation, the VicePresident" +"does not get the opportunity to act as President or to discharge the" +"functions of the President." +"If the office falls vacant by resignation, removal, death or otherwise," +"then election to fill the vacancy should be held within six months from" +"the date of the occurrence of such a vacancy. The newly-elected" +"President remains in office for a full term of five years from the date he" +"assumes charge of his office." +"When a vacancy occurs in the office of the President due to his" +"resignation, removal, death or otherwise, the Vice-President acts as" +"the President until a new President is elected. Further, when the sitting" +"President is unable to discharge his functions due to absence, illness" +"or any other cause, the Vice-President discharges his functions until" +"the President resumes his office." +"In case the office of Vice-President is vacant, the Chief Justice of" +"India (or if his office is also vacant, the seniormost judge of the" +"Supreme Court available) acts as the President or discharges the" +"functions of the President8 ." +"When any person, ie, Vice-President, chief justice of India, or the" +"seniormost judge of the Supreme Court is acting as the President or" +"discharging the functions of the President, he enjoys all the powers" +"and immunities of the President and is entitled to such emoluments," +"allowances and privileges as are determined by the Parliament." +" POWERS AND FUNCTIONS OF THE PRESIDENT" +"" +"The powers enjoyed and the functions performed by the President can" +"be studied under the following heads." +"1. Executive powers" +"2. Legislative powers" +"3. Financial powers" +"4. Judicial powers" +"5. Diplomatic powers" +"6. Military powers" +"7. Emergency powers" +"" +"Executive Powers" +"The executive powers and functions of the President are:" +"(a) All executive actions of the Government of India are formally" +"taken in his name." +"(b) He can make rules specifying the manner in which the orders" +"and other instruments made and executed in his name shall be" +"authenticated." +"(c) He can make rules for more convenient transaction of business" +"of the Union government, and for allocation of the said business" +"among the ministers." +"(d) He appoints the prime minister and the other ministers. They" +"hold office during his pleasure." +"(e) He appoints the attorney general of India and determines his" +"remuneration. The attorney general holds office during the" +"pleasure of the President." +"(f) He appoints the comptroller and auditor general of India, the chief" +"election commissioner and other election commissioners, the" +"chairman and members of the Union Public Service Commission," +"the governors of states, the chairman and members of finance" +"commission, and so on." +"(g) He can seek any information relating to the administration of" +"affairs of the Union, and proposals for legislation from the prime" +"minister." +"(h) He can require the Prime Minister to submit, for consideration of" +"the council of ministers, any matter on which a decision has been" +"taken by a minister but, which has not been considered by the" +"council." +" (i) He can appoint a commission to investigate into the conditions of" +"SCs, STs and other backward classes." +"(j) He can appoint an inter-state council to promote Centre-state and" +"inter-state cooperation." +"(k) He directly administers the union territories through" +"administrators appointed by him." +"(l) He can declare any area as scheduled area and has powers with" +"respect to the administration of scheduled areas and tribal areas." +"" +"Legislative Powers" +"The President is an integral part of the Parliament of India, and enjoys" +"the following legislative powers." +"(a) He can summon or prorogue the Parliament and dissolve the Lok" +"Sabha. He can also summon a joint sitting of both the Houses of" +"Parliament, which is presided over by the Speaker of the Lok" +"Sabha." +"(b) He can address the Parliament at the commencement of the first" +"session after each general election and the first session of each" +"year." +"(c) He can send messages to the Houses of Parliament, whether" +"with respect to a bill pending in the Parliament or otherwise." +"(d) He can appoint any member of the Lok Sabha to preside over its" +"proceedings when the offices of both the Speaker and the" +"Deputy Speaker fall vacant. Similarly, he can also appoint any" +"member of the Rajya Sabha to preside over its proceedings" +"when the offices of both the Chairman and the Deputy Chairman" +"fall vacant." +"(e) He nominates 12 members of the Rajya Sabha from amongst" +"persons having special knowledge or practical experience in" +"literature, science, art and social service." +"(f) He can nominate two members to the Lok Sabha from the Anglo-" +"Indian Community." +"(g) He decides on questions as to disqualifications of members of" +"the Parliament, in consultation with the Election Commission." +"(h) His prior recommendation or permission is needed to introduce" +"certain types of bills in the Parliament. For example, a bill" +"involving expenditure from the Consolidated Fund of India, or a" +"bill for the alteration of boundaries of states or creation of a new" +"state." +" (i) When a bill is sent to the President after it has been passed by" +"the Parliament, he can:" +"(i) give his assent to the bill, or" +"(ii) withhold his assent to the bill, or" +"(iii) return the bill (if it is not a money bill) for reconsideration of" +"Parliament." +"However, if the bill is passed again by the Parliament, with or" +"without amendments, the President has to give his assent to the" +"bill." +"(j) When a bill passed by a state legislature is reserved by the" +"governor for consideration of the President, the President can:" +"(i) give his assent to the bill, or" +"(ii) withhold his assent to the bill, or" +"(iii) direct the governor to return the bill (if it is not a money bill)" +"reconsideration of the state legislature. It should be noted h" +"that it is not obligatory for the President to give his assent eve" +"the bill is again passed by the state legislature and sent agai" +"him for his consideration." +"(k) He can promulgate ordinances when the Parliament is not in" +"session. These ordinances must be approved by the Parliament" +"within six weeks from its reassembly. He can also withdraw an" +"ordinance at any time." +"(l) He lays the reports of the Comptroller and Auditor General, Union" +"Public Service Commission, Finance Commission, and others," +"before the Parliament." +"(m) He can make regulations for the peace, progress and good" +"government of the Andaman and Nicobar Islands, Lakshadweep," +"Dadra and Nagar Haveli, Daman and Diu and Ladakh. In the" +"case of Puducherry also, the President can legislate by making" +"regulations but only when the assembly is suspended or" +"dissolved." +"" +"Financial Powers" +"The financial powers and functions of the President are:" +"(a) Money bills can be introduced in the Parliament only with his" +"prior recommendation." +"(b) He causes to be laid before the Parliament the annual financial" +"statement (ie, the Union Budget)." +"(c) No demand for a grant can be made except on his" +"recommendation." +" (d) He can make advances out of the contingency fund of India to" +"meet any unforeseen expenditure." +"(e) He constitutes a finance commission after every five years to" +"recommend the distribution of revenues between the Centre and" +"the states." +"" +"Judicial Powers" +"The judicial powers and functions of the President are:" +"(a) He appoints the Chief Justice and the judges of Supreme Court" +"and high courts." +"(b) He can seek advice from the Supreme Court on any question of" +"law or fact. However, the advice tendered by the Supreme Court" +"is not binding on the President." +"(c) He can grant pardon, reprieve, respite and remission of" +"punishment, or suspend, remit or commute the sentence of any" +"person convicted of any offence:" +"(i) In all cases where the punishment or sentence is by a c" +"martial;" +"(ii) In all cases where the punishment or sentence is for an offe" +"against a Union law; and" +"(iii) In all cases where the sentence is a sentence of death." +"" +"Diplomatic Powers" +"The international treaties and agreements are negotiated and" +"concluded on behalf of the President. However, they are subject to the" +"approval of the Parliament. He represents India in international forums" +"and affairs and sends and receives diplomats like ambassadors, high" +"commissioners, and so on." +"" +"Military Powers" +"He is the supreme commander of the defence forces of India. In that" +"capacity, he appoints the chiefs of the Army, the Navy and the Air" +"Force. He can declare war or conclude peace, subject to the approval" +"of the Parliament." +"" +"Emergency Powers" +"In addition to the normal powers mentioned above, the Constitution" +"confers extraordinary powers on the President to deal with the" +" following three types of emergencies9 :" +"(a) National Emergency (Article 352);" +"(b) President’s Rule (Article 356 & 365); and" +"(c) Financial Emergency (Article 360)" +" VETO POWER OF THE PRESIDENT" +"" +"A bill passed by the Parliament can become an act only if it receives" +"the assent of the President. When such a bill is presented to the" +"President for his assent, he has three alternatives (under Article 111 of" +"the Constitution):" +"1. He may give his assent to the bill, or" +"2. He may withhold his assent to the bill, or" +"3. He may return the bill (if it is not a Money bill) for reconsideration" +"of the Parliament. However, if the bill is passed again by the" +"Parliament with or without amendments and again presented to" +"the President, the President must give his assent to the bill." +"Thus, the President has the veto power over the bills passed by the" +"Parliament10 , that is, he can withhold his assent to the bills. The" +"object of conferring this power on the President is two-fold–(a) to" +"prevent hasty and ill-considered legislation by the Parliament; and (b)" +"to prevent a legislation which may be unconstitutional." +"The veto power enjoyed by the executive in modern states can be" +"classified into the following four types:" +"1. Absolute veto, that is, withholding of assent to the bill passed by" +"the legislature." +"2. Qualified veto, which can be overridden by the legislature with a" +"higher majority." +"3. Suspensive veto, which can be overridden by the legislature with" +"an ordinary majority." +"4. Pocket veto, that is, taking no action on the bill passed by the" +"legislature." +"Of the above four, the President of India is vested with three–" +"absolute veto, suspensive veto and pocket veto. There is no qualified" +"veto in the case of Indian President; it is possessed by the American" +"President. The three vetos of the President of India are explained" +"below:" +"" +"Absolute Veto" +"It refers to the power of the President to withhold his assent to a bill" +"passed by the Parliament. The bill then ends and does not become an" +"act. Usually, this veto is exercised in the following two cases:" +"(a) With respect to private members’ bills (ie, bills introduced by any" +"member of Parliament who is not a minister); and" +" (b) With respect to the government bills when the cabinet resigns" +"(after the passage of the bills but before the assent by the" +"President) and the new cabinet advises the President not to give" +"his assent to such bills." +"In 1954, President Dr. Rajendra Prasad withheld his assent to the" +"PEPSU Appropriation Bill. The bill was passed by the Parliament" +"when the President’s Rule was in operation in the state of PEPSU." +"But, when the bill was presented to the President for his assent, the" +"President’s Rule was revoked." +"Again in 1991, President R Venkataraman withheld his assent to" +"the Salary, Allowances and Pension of Members of Parliament" +"(Amendment) Bill. The bill was passed by the Parliament (on the last" +"day before dissolution of Lok Sabha) without obtaining the previous" +"recommendation of the President." +"" +"Suspensive Veto" +"The President exercises this veto when he returns a bill for" +"reconsideration of the Parliament. However, if the bill is passed again" +"by the Parliament with or without amendments and again presented to" +"the President, it is obligatory for the President to give his assent to the" +"bill. This means that the presidential veto is overridden by a re-" +"passage of the bill by the same ordinary majority (and not a higher" +"majority as required in USA)." +"As mentioned earlier, the President does not possess this veto in" +"the case of money bills. The President can either give his assent to a" +"money bill or withhold his assent to a money bill but cannot return it for" +"the reconsideration of the Parliament. Normally, the President gives" +"his assent to money bill as it is introduced in the Parliament with his" +"previous permission." +"" +"Pocket Veto" +"In this case, the President neither ratifies nor rejects nor returns the" +"bill, but simply keeps the bill pending for an indefinite period. This" +"power of the President not to take any action (either positive or" +"negative) on the bill is known as the pocket veto. The President can" +"exercise this veto power as the Constitution does not prescribe any" +"time-limit within which he has to take the decision with respect to a bill" +"presented to him for his assent. In USA, on the other hand, the" +"President has to return the bill for reconsideration within 10 days." +" Hence, it is remarked that the pocket of the Indian President is bigger" +"than that of the American President." +"In 1986, President Zail Singh exercised the pocket veto with" +"respect to the Indian Post Office (Amendment) Bill. The bill, passed by" +"the Rajiv Gandhi Government, imposed restrictions on the freedom of" +"press and hence, was widely criticised. After three years, in 1989, the" +"next President R Venkataraman sent the bill back for reconsideration," +"but the new National Front Government decided to drop the bill." +"It should be noted here that the President has no veto power in" +"respect of a constitutional amendment bill. The 24th Constitutional" +"Amendment Act of 1971 made it obligatory for the President to give" +"his assent to a constitutional amendment bill." +"" +"Presidential Veto over State Legislation" +"The President has veto power with respect to state legislation also. A" +"bill passed by a state legislature can become an act only if it receives" +"the assent of the governor or the President (in case the bill is reserved" +"for the consideration of the President)." +"When a bill, passed by a state legislature, is presented to the" +"governor for his assent, he has four alternatives (under Article 200 of" +"the Constitution):" +"1. He may give his assent to the bill, or" +"2. He may withhold his assent to the bill, or" +"3. He may return the bill (if it is not a money bill) for reconsideration" +"of the state legislature, or" +"4. He may reserve the bill for the consideration of the President." +"" +"Table 17.2 Veto Power of the President At a Glance" +"Central Legislation State Legislation" +"With Regard to Ordinary Bills" +"1. Can be ratified 1. Can be ratified" +"2. Can be rejected 2. Can be rejected" +"3. Can be returned 3. Can be returned" +"With Regard to Money Bills" +"1. Can be ratified 1. Can be ratified" +"2. Can be rejected (but cannot 2. Can be rejected (but cannot" +"be returned) be returned)" +" With Regard to Constitutional Amendment Bills" +"Can only be ratified (that is, Constitutional amendment bills" +"cannot be rejected or returned) cannot be introduced in the state" +"legislature." +"" +"When a bill is reserved by the governor for the consideration of the" +"President, the President has three alternatives (Under Article 201 of" +"the Constitution):" +"1. He may give his assent to the bill, or" +"2. He may withhold his assent to the bill, or" +"3. He may direct the governor to return the bill (if it is not a money" +"bill) for the reconsideration of the state legislature. If the bill is" +"passed again by the state legislature with or without" +"amendments and presented again to the President for his" +"assent, the President is not bound to give his assent to the bill." +"This means that the state legislature cannot override the veto" +"power of the President. Further, the Constitution has not" +"prescribed any time limit within which the President has to take" +"decision with regard to a bill reserved by the governor for his" +"consideration. Hence, the President can exercise pocket veto in" +"respect of state legislation also." +"Table 17.2 summarises the discussion on the veto power of the" +"President with regard to Central as well as state legislation." +" ORDINANCE-MAKING POWER OF THE PRESIDENT" +"" +"Article 123 of the Constitution empowers the President to promulgate" +"ordinances during the recess of Parliament. These ordinances have" +"the same force and effect as an act of Parliament, but are in the" +"nature of temporary laws." +"The ordinance-making power is the most important legislative" +"power of the President. It has been vested in him to deal with" +"unforeseen or urgent matters. But, the exercises of this power is" +"subject to the following four limitations:" +"1. He can promulgate an ordinance only when both the Houses of" +"Parliament are not in session or when either of the two Houses of" +"Parliament is not in session. An ordinance can also be issued when" +"only one House is in session because a law can be passed by both" +"the Houses and not by one House alone. An ordinance made when" +"both the Houses are in session is void. Thus, the power of the" +"President to legislate by ordinance is not a parallel power of" +"legislation." +"2. He can make an ordinance only when he is satisfied that the" +"circumstances exist that render it necessary for him to take immediate" +"action. In Cooper case11 , (1970), the Supreme Court held that the" +"President’s satisfaction can be questioned in a court on the ground of" +"malafide. This means that the decision of the President to issue an" +"ordinance can be questioned in a court on the ground that the" +"President has prorogued one House or both Houses of Parliament" +"deliberately with a view to promulgate an ordinance on a controversial" +"subject, so as to bypass the parliamentary decision and thereby" +"circumventing the authority of the Parliament. The 38th Constitutional" +"Amendment Act of 1975 made the President’s satisfaction final and" +"conclusive and beyond judicial review. But, this provision was deleted" +"by the 44th Constitutional Amendment Act of 1978. Thus, the" +"President’s satisfaction is justiciable on the ground of malafide." +"3. His ordinance-making power is coextensive as regards all" +"matters except duration, with the law-making powers of the" +"Parliament. This has two implications:" +"(a) An ordinance can be issued only on those subjects on which the" +"Parliament can make laws." +"(b) An ordinance is subject to the same constitutional limitation as" +"an act of Parliament. Hence, an ordinance cannot abridge or take" +" away any of the fundamental rights12 ." +"4. Every ordinance issued by the President during the recess of" +"Parliament must be laid before both the Houses of Parliament when it" +"reassembles. If the ordinance is approved by both the Houses, it" +"becomes an act. If Parliament takes no action at all, the ordinance" +"ceases to operate on the expiry of six weeks from the reassembly of" +"Parliament. The ordinance may also cease to operate even earlier" +"than the prescribed six weeks, if both the Houses of Parliament pass" +"resolutions disapproving it. If the Houses of Parliament are summoned" +"to reassemble on different dates, the period of six weeks is calculated" +"from the later of those dates. This means that the maximum life of an" +"ordinance can be six months and six weeks, in case of non-approval" +"by the Parliament (six months being the maximum gap between the" +"two sessions of Parliament). If an ordinance is allowed to lapse" +"without being placed before Parliament, then the acts done and" +"completed under it, before it ceases to operate, remain fully valid and" +"effective." +"The President can also withdraw an ordinance at any time." +"However, his power of ordinance-making is not a discretionary power," +"and he can promulgate or withdraw an ordinance only on the advice of" +"the council of ministers headed by the prime minister." +"An ordinance like any other legislation, can be retrospective, that is," +"it may come into force from a back date. It may modify or repeal any" +"act of Parliament or another ordinance. It can alter or amend a tax law" +"also. However, it cannot be issued to amend the Constitution." +"The ordinance-making power of the President in India is rather" +"unusual and not found in most of the democratic Constitutions of the" +"world including that of USA, and UK. In justification of the ordinance-" +"making power of the President, Dr. B.R. Ambedkar said in the" +"Constituent Assembly that the mechanism of issuing an ordinance has" +"been devised in order to enable the Executive to deal with a situation" +"that may suddenly and immediately arise when the Parliament is not" +"in session13. It must be clarified here that the ordinance-making power" +"of the President has no necessary connection with the national" +"emergency envisaged in Article 352. The President can issue an" +"ordinance even when there is no war or external aggression or armed" +"rebellion." +"The rules of Lok Sabha require that whenever a bill seeking to" +"replace an ordinance is introduced in the House, a statement" +" explaining the circumstances that had necessitated immediate" +"legislation by ordinance should also be placed before the House." +"So far, no case has gone to the Supreme Court regarding" +"promulgation of ordinance by the President." +"But, the judgement of the Supreme Court in the D.C. Wadhwa" +"case14 (1987) is highly relevant here. In that case, the court pointed" +"out that between 1967–1981 the Governor of Bihar promulgated 256" +"ordinances and all these were kept in force for periods ranging from" +"one to fourteen years by promulgation from time to time. The court" +"ruled that successive repromulgation of ordinances with the same text" +"without any attempt to get the bills passed by the assembly would" +"amount to violation of the Constitution and the ordinance so" +"repromulgated is liable to be struck down. It held that the exceptional" +"power of law-making through ordinance cannot be used as a" +"substitute for the legislative power of the state legislature." +" PARDONING POWER OF THE PRESIDENT" +"" +"Article 72 of the Constitution empowers the President to grant pardons" +"to persons who have been tried and convicted of any offence in all" +"cases where the:" +"1. Punishment or sentence is for an offence against a Union Law;" +"2. Punishment or sentence is by a court martial (military court); and" +"3. Sentence is a sentence of death." +"The pardoning power of the President is independent of the" +"Judiciary; it is an executive power. But, the President while exercising" +"this power, does not sit as a court of appeal. The object of conferring" +"this power on the President is two-fold: (a) to keep the door open for" +"correcting any judicial errors in the operation of law; and, (b) to afford" +"relief from a sentence, which the President regards as unduly harsh." +"The pardoning power of the President includes the following:" +"" +"1. Pardon" +"It removes both the sentence and the conviction and completely" +"absolves the convict from all sentences, punishments and" +"disqualifications." +"" +"2. Commutation" +"It denotes the substitution of one form of punishment for a lighter form." +"For example, a death sentence may be commuted to rigorous" +"imprisonment, which in turn may be commuted to a simple" +"imprisonment." +"" +"3. Remission" +"It implies reducing the period of sentence without changing its" +"character. For example, a sentence of rigorous imprisonment for two" +"years may be remitted to rigorous imprisonment for one year." +"" +"4. Respite" +"It denotes awarding a lesser sentence in place of one originally" +"awarded due to some special fact, such as the physical disability of a" +"convict or the pregnancy of a woman offender." +"" +"5. Reprieve" +"It implies a stay of the execution of a sentence (especially that of" +"death) for a temporary period. Its purpose is to enable the convict to" +" have time to seek pardon or commutation from the President." +"Under Article 161 of the Constitution, the governor of a state also" +"possesses the pardoning power. Hence, the governor can also grant" +"pardons, reprieves, respites and remissions of punishment or" +"suspend, remit and commute the sentence of any person convicted of" +"any offence against a state law. But, the pardoning power of the" +"governor differs from that of the President in following two respects:" +"1. The President can pardon sentences inflicted by court martial" +"(military courts) while the governor cannot." +"2. The President can pardon death sentence while governor" +"cannot. Even if a state law prescribes death sentence, the power" +"to grant pardon lies with the President and not the governor." +"However, the governor can suspend, remit or commute a death" +"sentence. In other words, both the governor and the President" +"have concurrent power in respect of suspension, remission and" +"commutation of death sentence." +"The Supreme Court examined the pardoning power of the" +"President under different cases and laid down the following principles:" +"1. The petitioner for mercy has no right to an oral hearing by the" +"President." +"2. The President can examine the evidence afresh and take a view" +"different from the view taken by the court." +"3. The power is to be exercised by the President on the advice of" +"the union cabinet." +"4. The President is not bound to give reasons for his order." +"5. The President can afford relief not only from a sentence that he" +"regards as unduly harsh but also from an evident mistake." +"6. There is no need for the Supreme Court to lay down specific" +"guidelines for the exercise of power by the President." +"7. The exercise of power by the President is not subject to judicial" +"review except where the presidential decision is arbitrary," +"irrational, mala fide or discriminatory." +"8. Where the earlier petition for mercy has been rejected by the" +"President, stay cannot be obtained by filing another petition." +" CONSTITUTIONAL POSITION OF THE PRESIDENT" +"" +"The Constitution of India has provided for a parliamentary form of" +"government. Consequently, the President has been made only a" +"nominal executive; the real executive being the council of ministers" +"headed by the prime minister. In other words, the President has to" +"exercise his powers and functions with the aid and advise of the" +"council of ministers headed by the prime minister." +"Dr. B.R. Ambedkar summed up the true position of the President in" +"the following way15 :" +"“In the Indian Constitution, there is placed at the head of the Indian" +"Union a functionary who is called the President of the Union. The title" +"of the functionary reminds of the President of the United States. But" +"beyond the identity of names, there is nothing in common between the" +"form of government prevalent in America and the form of government" +"adopted under the Indian Constitution. The American form of" +"government is called the presidential system of government and what" +"the Indian Constitution adopted is the Parliamentary system. Under" +"the presidential system of America, the President is the Chief head of" +"the Executive and administration is vested in him. Under the Indian" +"Constitution, the President occupies the same position as the King" +"under the English Constitution. He is the head of the State but not of" +"the Executive. He represents the nation but does not rule the nation." +"He is the symbol of the nation. His place in administration is that of a" +"ceremonial device or a seal by which the nation’s decisions are made" +"known. He is generally bound by the advice of his ministers. He can" +"do nothing contrary to their advice nor can he do anything without" +"their advice. The President of the United States can dismiss any" +"secretary at any time. The President of the Indian Union has no power" +"to do so, so long as his ministers command a majority in Parliament”." +"In estimating the constitutional position of the President, particular" +"reference has to be made to the provisions of Articles 53, 74 and 75." +"These are:" +"1. The executive power of the Union shall be vested in President" +"and shall be exercised by him either directly or through officers" +"subordinate to him in accordance with this Constitution (Article" +"53)." +"2. There shall be a council of ministers with the Prime Minister at" +"the head to aid and advise the President who ‘shall’, in the" +" exercise of his functions, act in accordance with such advice" +"(Article 74)." +"3. The council of ministers shall be collectively responsible to the" +"Lok Sabha (Article 75). This provision is the foundation of the" +"parliamentary system of government." +"The 42nd Constitutional Amendment Act of 1976 (enacted by the" +"Indira Gandhi Government) made the President bound by the advice" +"of the council of ministers headed by the prime minister16. The 44th" +"Constitutional Amendment Act of 1978 (enacted by the Janata Party" +"Government headed by Morarji Desai) authorised the President to" +"require the council of ministers to reconsider such advice either" +"generally or otherwise. However, he ‘shall’ act in accordance with the" +"advice tendered after such reconsideration. In other words, the" +"President may return a matter once for reconsideration of his" +"ministers, but the reconsidered advice shall be binding." +"In October 1997, the cabinet recommended President K.R." +"Narayanan to impose President’s Rule (under Article 356) in Uttar" +"Pradesh. The President returned the matter for the reconsideration of" +"the cabinet, which then decided not to move ahead in the matter." +"Hence, the BJP-led government under Kalyan Singh was saved." +"Again in September 1998, the President KR Narayanan returned a" +"recommendation of the cabinet that sought the imposition of the" +"President’s Rule in Bihar. After a couple of months, the cabinet re-" +"advised the same. It was only then that the President’s Rule was" +"imposed in Bihar, in February 1999." +"Though the President has no constitutional discretion, he has some" +"situational discretion. In other words, the President can act on his" +"discretion (that is, without the advice of the ministers) under the" +"following situations:" +"(i) Appointment of Prime Minister when no party has a clear majority" +"in the Lok Sabha or when the Prime Minister in office dies" +"suddenly and there is no obvious successor." +"(ii) Dismissal of the council of ministers when it cannot prove the" +"confidence of the Lok Sabha." +"(iii) Dissolution of the Lok Sabha if the council of ministers has lost its" +"majority." +"" +"Table 17.3 Articles Related to President at a Glance" +"Article No. Subject-matter" +" 52. The President of India" +"53. Executive power of the Union" +"54. Election of President" +"55. Manner of election of President" +"56. Term of office of President" +"57. Eligibility for re-election" +"58. Qualifications for election as President" +"59. Conditions of President’s office" +"60. Oath or affirmation by the President" +"61. Procedure for impeachment of the President" +"62. Time of holding election to fill vacancy in the office" +"of President" +"65. Vice-President to act as President or to discharge" +"his functions" +"71. Matters relating to the election of President" +"72. Power of President to grant pardons etc., and to" +"suspend, remit or commute sentences in certain" +"cases" +"74. Council of ministers to aid and advise the" +"President" +"75. Other provisions as to ministers like appointment," +"term, salaries, etc." +"76. Attorney-General of India" +"77. Conduct of business of the Government of India" +"78. Duties of Prime Minister in respect to furnishing of" +"information to the President, etc." +"85. Sessions of Parliament, prorogation and" +"dissolution" +"111. Assent to bills passed by the Parliament" +"112. Union Budget (annual financial statement)" +"123. Power of President to promulgate ordinances" +"143. Power of President to consult Supreme Court" +" NOTES AND REFERENCES" +"1. This provision was added by the 70th Constitutional" +"Amendment Act of 1992 with effect from June 1, 1995." +"2. According to the 84th Constitutional Amendment Act of" +"2001, the expression ‘population’ means the population as" +"ascertained at the 1971 census, until the relevant figures for" +"the first census taken after 2026 have been published." +"3. Constituent Assembly Debates, Volume-IV,p. 733–736." +"4. The presidential and vice-presidential Elections Act of 1952," +"as amended in 1997." +"4a. Vide the Finance Act, 2018, with effect from 1st January," +"2016. This Act amended the President’s Emoluments and" +"Pension Act, 1951." +"5. The President’s Emoluments and Pension Amendment Act" +"of 2008." +"6. No person except Dr. Rajendra Prasad has occupied the" +"office for two terms." +"7. So far two Presidents, Dr. Zakir Hussain and Fakhruddin Ali" +"Ahmed, have died during their term of office." +"8. For example, when President Dr. Zakir Hussain died in May," +"1969, the then Vice-President, V.V. Giri was acting as the" +"President. Soon after V.V. Giri resigned to contest the" +"election of the President. Then the Chief Justice of India, M." +"Hidayatullah worked as the officiating President from 20" +"July, 1969 to 24 August, 1969." +"9. For details in this regard, see Chapter 16." +"10. ‘Veto’ is a Latin word that connotes ‘forbid’." +"11. Cooper v. Union of India, (1970)." +"12. The definition of ‘law’ contained in Article 13 expressly" +"includes ordinances. See, Chapter 7." +"13. Constituent Assembly Debates, Volume VIII, p. 213." +"14. D.C. Wadhwa v. State of Bihar, (1987)." +"15. Constituent Assembly Debates, Volume VII, p. 32–34." +"16. In the original Constitution, there was no such specific" +"provision in Article 74." +" 18 Vice-President" +"" +"" +"" +"" +"T" +"he Vice-President occupies the second highest office in the" +"country. He is accorded a rank next to the President in the" +"official warrant of precedence. This office is modelled on" +"the lines of the American Vice-President." +" ELECTION" +"" +"The Vice-President, like the president, is elected not directly by" +"the people but by the method of indirect election. He is elected by" +"the members of an electoral college consisting of the members of" +"both Houses of Parliament.1 Thus, this electoral college is" +"different from the electoral college for the election of the President" +"in the following two respects:" +"1. It consists of both elected and nominated members of the" +"Parliament (in the case of president, only elected members)." +"2. It does not include the members of the state legislative" +"assemblies (in the case of President, the elected members" +"of the state legislative assemblies are included). Explaining" +"the reason for this difference, Dr. B.R. Ambedkar observed:2" +"“The President is the head of the State and his power extends" +"both to the administration by the Centre as well as to the states." +"Consequently, it is necessary that in his election, not only" +"members of Parliament should play their part, but the members of" +"the state legislatures should have a voice. But, when we come to" +"the Vice-President, his normal functions are to preside over the" +"council of states. It is only on a rare occasion, and that too for a" +"temporary period, that he may be called upon to assume the" +"duties of the president. That being so, it does not seem necessary" +"that the members of the state legislatures should also be invited to" +"take part in the election of the Vice-President”." +"But, the manner of election is same in both the cases. Thus," +"the Vice-President’s election, like that of the President’s election," +"is held in accordance with the system of proportional" +"representation by means of the single transferable vote and the" +"voting is by secret ballot.3" +"All doubts and disputes in connection with election of the Vice-" +"President are inquired into and decided by the Supreme Court" +"whose decision is final. The election of a person as Vice-President" +"cannot be challenged on the ground that the electoral college was" +"incomplete (i.e., existence of any vacancy among the members of" +"electoral college). If the election of a person as VicePresident is" +"declared void by the Supreme Court, acts done by him before the" +" date of such declaration of the Supreme Court are not invalidated" +"(i.e., they continue to remain in force)." +" QUALIFICATIONS, OATH AND CONDITIONS" +"" +"Qualifications" +"To be eligible for election as Vice-President, a person should fulfil" +"the following qualifications:" +"1. He should be a citizen of India." +"2. He should have completed 35 years of age." +"3. He should be qualified for election as a member of the Rajya" +"Sabha." +"4. He should not hold any office of profit under the Union" +"government or any state government or any local authority" +"or any other public authority." +"" +"Table 18.1 Elections of the Vice-Presidents (1952–2017)" +"Sl. Election Victorious No. of Runner-up No. of" +"No. Year Candidate Votes Candidate Votes" +"secured secured" +"1. 1952 Dr. S. – Unopposed –" +"Radhakrishnan" +"2. 1957 Dr. S. – Unopposed –" +"Radhakrishnan" +"3. 1962 Dr. Zakir 568 N. Samant 14" +"Hussain Singh" +"4. 1967 V.V. Giri 486 Prof. Habib 192" +"5. 1969 G.S. Pathak 400 H.V. 156" +"Kamath" +"6. 1974 B.D. Jatti 521 N.E. Horo 141" +"7. 1979 M. – unopposed –" +"Hidayatullah" +"8. 1984 R. 508 B.C. 207" +"Venkataraman Kambley" +"9. 1987 Dr. Shankar – unopposed –" +" Dayal Sharma" +"10. 1992 K.R. 700 Kaka 01" +"Narayanan Joginder" +"Singh" +"11. 1997 Krishna Kant 441 Surjeet 273" +"Singh" +"Barnala" +"12. 2002 B.S. 454 Shushil 305" +"Shekhawat Kumar" +"Shinde" +"13. 2007 Mohd. Hamid 455 Najma 222" +"Ansari Heptullah" +"14. 2012 Mohd. Hamid 490 Jaswant 238" +"Ansari Singh" +"15. 2017 Venkaiah 516 Gopal 244" +"Naidu Krishna" +"Gandhi" +"But, a sitting President or Vice-President of the Union, the" +"governor of any state and a minister for the Union or any state is" +"not deemed to hold any office of profit and hence qualified for" +"being a candidate for Vice-President." +"Further, the nomination of a candidate for election to the office" +"of Vice-President must be subscribed by at least 20 electors as" +"proposers and 20 electors as seconders. Every candidate has to" +"make a security deposit of ₹15,000 in the Reserve Bank of India.4" +"" +"Oath or Affirmation" +"Before entering upon his office, the VicePresident has to make" +"and subscribe to an oath or affirmation. In his oath, the" +"VicePresident swears:" +"1. to bear true faith and allegiance to the Constitution of India;" +"and" +"2. to faithfully discharge the duties of his office." +"The oath of office to the Vice-President is administered by the" +"President or some person appointed in that behalf by him." +" Conditions of Office" +"The Constitution lays down the following two conditions of the" +"Vice-President’s office:" +"1. He should not be a member of either House of Parliament or" +"a House of the state legislature. If any such person is" +"elected Vice-President, he is deemed to have vacated his" +"seat in that House on the date on which he enters upon his" +"office as Vice-President." +"2. He should not hold any other office of profit." +" TERM AND VACANCY" +"" +"Term of Office" +"The Vice-President holds office for a term of five years from the" +"date on which he enters upon his office. However, he can resign" +"from his office at any time by addressing the resignation letter to" +"the President. He can also be removed from the office before" +"completion of his term. A formal impeachment is not required for" +"his removal. He can be removed by a resolution passed by a" +"majority of all the then members of the Rajya Sabha and agreed" +"to by the Lok Sabha. This means that this resolution should be" +"passed in the Rajya Sabha by an effective majority and in the Lok" +"Sabha by a simple majority. It must be noted here that the" +"effective majority in India is only a type of special majority and not" +"a separate one. Further, this resolution can be introduced only in" +"the Rajya Sabha and not in the Lok Sabha. But, no such" +"resolution can be moved unless at least 14 days’ advance notice" +"has been given. Notably, no ground has been mentioned in the" +"Constitution for his removal." +"The Vice-President can hold office beyond his term of five" +"years until his successor assumes charge. He is also eligible for" +"reelection to that office. He may be elected for any number of" +"terms.5" +"" +"Vacancy in Office" +"A vacancy in the Vice-President’s office can occur in any of the" +"following ways:" +"1. On the expiry of his tenure of five years." +"2. By his resignation." +"3. On his removal." +"4. By his death.6" +"5. Otherwise, for example, when he becomes disqualified to" +"hold office or when his election is declared void." +"When the vacancy is going to be caused by the expiration of" +"the term of the sitting vicepresident, an election to fill the vacancy" +" must be held before the expiration of the term." +"If the office falls vacant by resignation, removal, death or" +"otherwise, then election to fill the vacancy should be held as soon" +"as possible after the occurrence of the vacancy. The newly-" +"elected vice-president remains in office for a full term of five years" +"from the date he assumes charge of his office." +" POWERS AND FUNCTIONS" +"" +"The functions of Vice-President are two-fold:" +"1. He acts as the ex-officio Chairman of Rajya Sabha. In this" +"capacity, his powers and functions are similar to those of the" +"Speaker of Lok Sabha. In this respect, he resembles the" +"American vicepresident who also acts as the Chairman of" +"the Senate–the Upper House of the American legislature." +"2. He acts as President when a vacancy occurs in the office of" +"the President due to his resignation, impeachment, death or" +"otherwise.7 He can act as President only for a maximum" +"period of six months within which a new President has to be" +"elected. Further, when the sitting President is unable to" +"discharge his functions due to absence, illness or any other" +"cause, the Vice-President discharges his functions until the" +"President resumes his office.8" +"While acting as President or discharging the functions of" +"President, the Vice-President does not perform the duties of the" +"office of the chairman of Rajya Sabha. During this period, those" +"duties are performed by the Deputy Chairman of Rajya Sabha." +"The Constitution has not fixed any emoluments for the Vice-" +"President in that capacity. He draws his regular salary in his" +"capacity as the ex-officio Chairman of the Rajya Sabha. In 2018," +"the Parliament increased the salary of the Chairman of the Rajya" +"Sabha from ₹1.25 lakh to ₹4 lakh per month9. Earlier in 2008, the" +"pension of the retired Vice-President was increased from ₹20,000" +"per month to 50% of his salary per month10. In addition, he is" +"entitled to daily allowance, free furnished residence, medical," +"travel and other facilities." +"During any period when the Vice-President acts as President or" +"discharges the functions of the President, he is not entitled to the" +"salary or allowance payable to the Chairman of Rajya Sabha, but" +"the salary and allowance of the President." +" INDIAN AND AMERICAN VICEPRESIDENTS" +"COMPARED" +"" +"Though the office of the Indian VicePresident is modelled on the" +"lines of the American Vice-President, there is a difference. The" +"American Vice-President succeeds to the presidency when it falls" +"vacant, and remains President for the unexpired term of his" +"predecessor. The Indian Vice-President, on the other hand, does" +"not assume the office of the President when it falls vacant for the" +"unexpired term. He merely serves as an acting President until the" +"new President assumes charge." +"From the above it is clear that the Constitution has not" +"assigned any significant function to the Vice-President in that" +"capacity. Hence, some scholars call him ‘His Superfluous" +"Highness’. This office was created with a view to maintain the" +"political continuity of the Indian State." +"" +"Table 18.2 Articles Related to Vice-President at a Glance" +"Article No. Subject-matter" +"63. The Vice-President of India" +"64. The Vice-President to be ex-officio Chairman of" +"the Council of States" +"65. The Vice-President to act as President or to" +"discharge his functions during casual vacancies" +"in the office, or during the absence, of" +"President" +"66. Election of Vice-President" +"67. Term of office of Vice-President" +"68. Time of holding election to fill vacancy in the" +"office of Vice-President and the term of office of" +"person elected to fill casual vacancy" +"69. Oath or affirmation by the Vice-President" +"70. Discharge of President’s functions in other" +"contingencies" +" 71. Matters relating to, or connected with, the" +"election of Vice-President" +"" +"" +"NOTES AND REFERENCES" +"1. The original Constitution provided that the Vice-" +"President would be elected by the two Houses of" +"Parliament assembled at a joint meeting. This" +"cumbersome procedure was done away by the 11th" +"Constitutional Amendment Act of 1961." +"2. Constituent Assembly Debates, Volume VII, p. 1001." +"3. This method is discussed in Chapter 17." +"4. Presidential and Vice-Presidential Elections Act, 1952" +"as amended in 1997." +"5. Dr. S. Radhakrishnan was elected for a second term." +"6. Krishna Kant was the first Vice-President to die in office." +"7. When two Presidents, Dr. Zakir Hussain and Fakruddin" +"Ali Ahmed, died in office, the then respective Vice-" +"Presidents, V.V. Giri and B.D. Jatti acted as President." +"8. The Vice-President Dr. S. Radhakrishnan discharged" +"the functions of the President in June 1960 when the" +"then President Dr. Rajendra Prasad was on a 15-day" +"tour to the USSR and again in July 1961 when he (Dr." +"Rajendra Prasad) was very ill." +"9. Vide the Finance Act, 2018, with effect from 1st January," +"2016. This Act amended the Salaries and Allowances of" +"Officers of Parliament Act, 1953." +"10. The Vice-President’s Pension (Amendment) Act, 2008." +" 19 Prime Minister" +"" +"" +"" +"" +"I" +"n the scheme of parliamentary system of government provided" +"by the constitution, the President is the nominal executive" +"authority (de jure executive) and Prime Minister is the real" +"executive authority (de facto executive). In other words, president" +"is the head of the State while Prime Minister is the head of the" +"government." +" APPOINTMENT OF THE PRIME MINISTER" +"" +"The Constitution does not contain any specific procedure for the" +"selection and appointment of the Prime Minister. Article 75 says" +"only that the Prime Minister shall be appointed by the president." +"However, this does not imply that the president is free to appoint" +"any one as the Prime Minister. In accordance with the conventions" +"of the parliamentary system of government, the President has to" +"appoint the leader of the majority party in the Lok Sabha as the" +"Prime Minister. But, when no party has a clear majority in the Lok" +"Sabha, then the President may exercise his personal discretion in" +"the selection and appointment of the Prime Minister. In such a" +"situation, the President usually appoints the leader of the largest" +"party or coalition in the Lok Sabha as the Prime Minister and asks" +"him to seek a vote of confidence in the House within a month." +"This discretion was exercised by the President, for the first time in" +"1979, when Neelam Sanjiva Reddy (the then President) appointed" +"Charan Singh (the coalition leader) as the Prime Minister after the" +"fall of the Janata Party government headed by Morarji Desai." +"There is also one more situation when the president may have" +"to exercise his individual judgement in the selection and" +"appointment of the Prime Minister, that is, when the Prime" +"Minister in office dies suddenly and there is no obvious successor." +"This is what happened when Indira Gandhi was assassinated in" +"1984. The then President Zail Singh appointed Rajiv Gandhi as" +"the Prime Minister by ignoring the precedent of appointing a" +"caretaker Prime Minister.1 Later on, the Congress parliamentary" +"party unanimously elected him as its leader. However, if, on the" +"death of an incumbent Prime Minister, the ruling party elects a" +"new leader, the President has no choice but to appoint him as" +"Prime Minister." +"In 1980, the Delhi High Court held that the Constitution does" +"not require that a person must prove his majority in the Lok Sabha" +"before he is appointed as the Prime Minister. The President may" +"first appoint him the Prime Minister and then ask him to prove his" +"majority in the Lok Sabha within a reasonable period. For" +"example, Charan Singh (1979), V.P. Singh (1989), Chandrasekhar" +" (1990), P.V. Narasimha Rao (1991), A.B. Vajyapee (1996), Deve" +"Gowda (1996), I.K. Gujral (1997) and again A.B. Vajpayee (1998)" +"were appointed as Prime Ministers in this way." +"In 1997, the Supreme Court held that a person who is not a" +"member of either House of Parliament can be appointed as Prime" +"Minister for six months, within which, he should become a" +"member of either House of Parliament; otherwise, he ceases to be" +"the Prime Minister." +"Constitutionally, the Prime Minister may be a member of any of" +"the two Houses of parliament. For example, three Prime Ministers," +"Indira Gandhi (1966), Deve Gowda (1996) and Manmohan Singh" +"(2004), were members of the Rajya Sabha. In Britain, on the other" +"hand, the Prime Minister should definitely be a member of the" +"Lower House (House of Commons)." +" OATH, TERM AND SALARY" +"" +"Before the Prime Minister enters upon his office, the president" +"administers to him the oaths of office and secrecy.2 In his oath of" +"office, the Prime Minister swears:" +"1. to bear true faith and allegiance to the Constitution of India," +"2. to uphold the sovereignty and integrity of India," +"3. to faithfully and conscientiously discharge the duties of his" +"office, and" +"4. to do right to all manner of people in accordance with the" +"Constitution and the law, without fear or favour, affection or" +"ill will." +"In his oath of secrecy, the Prime Minister swears that he will not" +"directly or indirectly communicate or reveal to any person(s) any" +"matter that is brought under his consideration or becomes known" +"to him as a Union Minister except as may be required for the due" +"discharge of his duties as such minister." +"The term of the Prime Minister is not fixed and he holds office" +"during the pleasure of the president. However, this does not mean" +"that the president can dismiss the Prime Minister at any time. So" +"long as the Prime Minister enjoys the majority support in the Lok" +"Sabha, he cannot be dismissed by the President. However, if he" +"loses the confidence of the Lok Sabha, he must resign or the" +"President can dismiss him.3" +"The salary and allowances of the Prime Minister are" +"determined by the Parliament from time to time. He gets the" +"salary and allowances that are payable to a member of" +"Parliament. Additionally, he gets a sumptuary allowance, free" +"accommodation, travelling allowance, medical facilities, etc. In" +"2001, the Parliament increased his sumptuary allowance from" +"₹1,500 to ₹3,000 per month." +" POWERS AND FUNCTIONS OF THE PRIME" +"MINISTER" +"" +"The powers and functions of Prime Minister can be studied under" +"the following heads:" +"" +"In Relation to Council of Ministers" +"The Prime Minister enjoys the following powers as head of the" +"Union council of ministers:" +"1. He recommends persons who can be appointed as ministers" +"by the president. The President can appoint only those" +"persons as ministers who are recommended by the Prime" +"Minister." +"2. He allocates and reshuffles various portfolios among the" +"ministers." +"3. He can ask a minister to resign or advise the President to" +"dismiss him in case of difference of opinion." +"4. He presides over the meeting of council of ministers and" +"influences its decisions." +"5. He guides, directs, controls, and coordinates the activities of" +"all the ministers." +"6. He can bring about the collapse of the council of ministers" +"by resigning from office." +"Since the Prime Minister stands at the head of the council of" +"ministers, the other ministers cannot function when the Prime" +"Minister resigns or dies. In other words, the resignation or death of" +"an incumbent Prime Minister automatically dissolves the council of" +"ministers and thereby generates a vacuum. The resignation or" +"death of any other minister, on the other hand, merely creates a" +"vacancy which the Prime Minister may or may not like to fill." +"" +"In Relation to the President" +"The Prime Minister enjoys the following powers in relation to the" +"President:" +"1. He is the principal channel of communication between the" +"President and the council of ministers.4 It is the duty of the" +" prime minister:" +"(a) to communicate to the President all decisions of the" +"council of ministers relating to the administration of the" +"affairs of the Union and proposals for legislation;" +"(b) to furnish such information relating to the administration" +"of the affairs of the Union and proposals for legislation as" +"the President may call for; and" +"(c) if the President so requires, to submit for the" +"consideration of the council of ministers any matter on" +"which a decision has been taken by a minister but which" +"has not been considered by the council." +"2. He advises the president with regard to the appointment of" +"important officials like attorney general of India, Comptroller" +"and Auditor General of India, chairman and members of the" +"UPSC, election commissioners, chairman and members of" +"the finance commission and so on." +"" +"In Relation to Parliament" +"The Prime Minister is the leader of the Lower House. In this" +"capacity, he enjoys the following powers:" +"1. He advises the President with regard to summoning and" +"proroguing of the sessions of the Parliament." +"2. He can recommend dissolution of the Lok Sabha to" +"President at any time." +"3. He announces government policies on the floor of the" +"House." +"" +"Other Powers & Functions" +"In addition to the above-mentioned three major roles, the Prime" +"Minister has various other roles. These are:" +"1. He is the chairman of the NITI Ayog (which succeded the" +"planning commission), National Integration Council," +"InterState Council, National Water Resources Council and" +"some other bodies." +"2. He plays a significant role in shaping the foreign policy of the" +"country." +"3. He is the chief spokesman of the Union government." +" 4. He is the crisis manager-in-chief at the political level during" +"emergencies." +"5. As a leader of the nation, he meets various sections of" +"people in different states and receives memoranda from" +"them regarding their problems, and so on." +"6. He is leader of the party in power." +"7. He is political head of the services." +"Thus, the Prime Minister plays a very significant and highly" +"crucial role in the politico-administrative system of the country. Dr." +"B.R. Ambedkar stated, ‘If any functionary under our constitution is" +"to be compared with the US president, he is the Prime Minister" +"and not the president of the Union’." +" ROLE DESCRIPTIONS" +"" +"The various comments made by the eminent political scientists" +"and constitutional experts on the role of Prime Minister in Britain" +"holds good in the Indian context also. These are mentioned" +"below:" +"" +"Lord Morely" +"He described Prime Minister as ‘primus inter pares’ (first among" +"equals) and ‘key stone of the cabinet arch’. He said, “The head of" +"the cabinet is ‘primus inter pares’, and occupied a position which" +"so long as it lasts, is one of exceptional and peculiar authority”." +"" +"Herbert Marrison" +"“As the head of the Government, he (prime minister) is ‘primus" +"inter pares’. But, it is today for too modest an appreciation of the" +"Prime Minister’s position”." +"" +"Sir William Vernor Harcourt" +"He described Prime Minister as ‘inter stellas luna minores’ (a" +"moon among lesser stars)." +"" +"Jennings" +"“He is, rather, a sun around which planets revolve. He is the key-" +"stone of the constitution. All roads in the constitution lead to the" +"Prime Minister.”" +"" +"H.J. Laski" +"On the relationship between the Prime Minister and the cabinet," +"he said that the Prime Minister “is central to its formation, central" +"to its life, and central to its death”. He described him as “the pivot" +"around which the entire governmental machinery revolves.”" +"" +"H.R.G. Greaves" +"“The Government is the master of the country and he (Prime" +"Minister) is the master of the Government.”" +"" +"Munro" +" He called Prime Minister as “the captain of the ship of the state”." +"" +"Ramsay Muir" +"He described Prime Minister as “the steersman of steering wheel" +"of the ship of the state.”" +"The role of the Prime Minister in the British parliamentary" +"government is so significant and crucial that observers like to call" +"it a ‘Prime Ministerial government.’ Thus, R.H. Crossman says," +"‘The post-war epoch has been the final transformation of cabinet" +"government into Prime Ministerial government.’ Similarly," +"Humphrey Berkely points out, ‘Parliament is not, in practice," +"sovereign. The parliamentary democracy has now collapsed at" +"Westminster. The basic defect in the British system of governing is" +"the super-ministerial powers of the Prime Minister.’ The same" +"description holds good to the Indian context too." +" RELATIONSHIP WITH THE PRESIDENT" +"" +"The following provisions of the Constitution deal with the" +"relationship between the President and the Prime Minister:" +"" +"1. Article 74" +"There shall be a council of ministers with the Prime Minister at the" +"head to aid and advise the President who shall, in the exercise of" +"his functions, act in accordance with such advice. However, the" +"President may require the council of ministers to reconsider such" +"advice and the President shall act in accordance with the advice" +"tendered after such reconsideration." +"" +"2. Article 75" +"(a) The Prime Minister shall be appointed by the President and" +"the other ministers shall be appointed by the president on the" +"advice of the Prime Minister; (b) The ministers shall hold office" +"during the pleasure of the president; and (c) The council of" +"ministers shall be collectively responsible to the House of the" +"People." +"" +"3. Article 78" +"It shall be the duty of the Prime Minister:" +"(a) to communicate to the President all decisions of the council" +"of ministers relating to the administration of the affairs of the" +"Union and proposals for legislation;" +"(b) to furnish such information relating to the administration of" +"the affairs of the Union and proposals for legislation as the" +"President may call for; and" +"(c) if the President so requires, to submit for the consideration of" +"the council of ministers any matter on which a decision has" +"been taken by a minister but which has not been considered" +"by the council." +" CHIEF MINISTERS WHO BECAME PRIME MINISTERS" +"" +"Six people–Morarji Desai, Charan Singh, V.P. Singh, P.V." +"Narasimha Rao, H.D. Deve Gowda and Narendra Modi–became" +"Prime Ministers after being Chief Ministers of their respective" +"States. Morarji Desai, Chief Minister of the erstwhile Bombay" +"State during 1952–56, became the first non-Congress Prime" +"Minister in March 1977. Charan Singh, who succeeded him, was" +"the Chief Minister of the undivided Uttar Pradesh in 1967–1968" +"and again in 1970. V.P. Singh, also from U.P., became Prime" +"Minister in the short lived National Front government (December" +"1989-November 1990). P.V. Narasimha Rao, the first Prime" +"Minister from South India, who held the post from 1991–1996," +"was Chief Minister of Andhra Pradesh between 1971–1973. H.D." +"Deve Gowda was Chief Minister of Karnataka when he was" +"chosen to lead the United Front government in June 19965 ." +"Narendra Modi (BJP) was the Chief Minister of Gujarat when" +"he became the Prime Minister in May 2014. He served as the" +"Chief Minister of Gujarat for four times during 2001 to 2014." +"" +"Table 19.1 Articles Related to Prime Minister at a Glance" +"Article No. Subject-matter" +"74. Council of Ministers to aid and advise President" +"75. Other provisions as to Ministers" +"77. Conduct of business of the Government of" +"India" +"78. Duties of Prime Minister as respects the" +"furnishing of information to the President, etc." +"88. Rights of Ministers as respects the Houses." +"" +"" +"NOTES AND REFERENCES" +"1. On the death of Jawaharlal Nehru and Lal Bahadur" +"Shastri when the leadership was contested, the" +" president made temporary arrangements by appointing" +"the seniormost minister as the Prime Minister, until the" +"formal election of the leader by the party. Both the" +"times, it was Gulzari Lal Nanda who acted as the Prime" +"Minister." +"2. The form of oath of office and secrecy for the Prime" +"Minister is similar to that for any Union minister. See" +"Chapter 20." +"3. For example, V.P. Singh in 1990 and Deve Gowda in" +"1997 resigned after defeat in the Lok Sabha." +"4. Article 78 specifically deals with this function of the" +"Prime Minister." +"5. The Hindu, April 6, 2009." +" 20 Central Council of Ministers" +"" +"" +"" +"" +"A" +"s the Constitution of India provides for a parliamentary" +"system of government modelled on the British pattern, the" +"council of ministers headed by the prime minister is the" +"real executive authority is our politico-administrative system." +"The principles of parliamentary system of government are not" +"detailed in the Constitution, but two Articles (74 and 75) deal with" +"them in a broad, sketchy and general manner. Article 74 deals" +"with the status of the council of ministers while Article 75 deals" +"with the appointment, tenure, responsibility, qualification, oath and" +"salaries and allowances of the ministers." +" CONSTITUTIONAL PROVISIONS" +"" +"Article 74—Council of Ministers to aid and advise" +"President" +"1. There shall be a Council of Ministers with the Prime Minister" +"at the head to aid and advise the President who shall, in the" +"exercise of his functions, act in accordance with such" +"advice. However, the President may require the Council of" +"Ministers to reconsider such advice and the President shall" +"act in accordance with the advice tendered after such" +"reconsideration." +"2. The advice tendered by Ministers to the President shall not" +"be inquired into in any court." +"" +"Article 75–Other Provisions as to Ministers" +"1. The Prime Minister shall be appointed by the President and" +"the other Ministers shall be appointed by the President on" +"the advice of the Prime Minister." +"2. The total number of ministers, including the Prime Minister," +"in the Council of Ministers shall not exceed 15% of the total" +"strength of the Lok Sabha. This provision was added by the" +"91st Amendment Act of 2003." +"3. A member of either house of Parliament belonging to any" +"political party who is disqualified on the ground of defection" +"shall also be disqualified to be appointed as a minister. This" +"provision was also added by the 91st Amendment Act of" +"2003" +"4. The ministers shall hold office during the pleasure of the" +"President." +"5. The council of ministers shall be collectively responsible to" +"the Lok Sabha." +"6. The President shall administer the oaths of office and" +"secrecy to a minister." +"7. A minister who is not a member of the Parliament (either" +"house) for any period of six consecutive months shall cease" +" to be a minister." +"8. The salaries and allowances of ministers shall be" +"determined by the Parliament." +"" +"Article 77–Conduct of Business of the Government of" +"India" +"1. All executive action of the Government of India shall be" +"expressed to be taken in the name of the President." +"2. Orders and other instruments made and executed in the" +"name of the President shall be authenticated in such manner" +"as may be specified in rules to be made by the President." +"Further, the validity of an order or instrument which is so" +"authenticated shall not be called in question on the ground" +"that it is not an order or instrument made or executed by the" +"President." +"3. The President shall make rules for the more convenient" +"transaction of the business of the Government of India, and" +"for the allocation among Ministers of the said business." +"" +"Article 78–Duties of Prime Minister" +"It shall be the duty of the Prime Minister" +"1. To communicate to the President all decisions of the Council" +"of Ministers relating to the administration of the affairs of the" +"Union and proposals for legislation" +"2. To furnish such information relating to the administration of" +"the affairs of the Union and proposals for legislation as the" +"President may call for" +"3. If the President so requires, to submit for the consideration" +"of the Council of Ministers any matter on which a decision" +"has been taken by a Minister but which has not been" +"considered by the Council" +"" +"Article 88–Rights of Ministers as Respects the Houses" +"Every minister shall have the right to speak and take part in the" +"proceedings of either House, any joint sitting of the Houses and" +" any Committee of Parliament of which he may be named a" +"member. But he shall not be entitled to vote." +" NATURE OF ADVICE BY MINISTERS" +"" +"Article 74 provides for a council of ministers with the Prime" +"Minister at the head to aid and advise the President in the" +"exercise of his functions. The 42nd and 44th Constitutional" +"Amendment Acts have made the advice binding on the" +"President.1 Further, the nature of advice tendered by ministers to" +"the President cannot be enquired by any court. This provision" +"emphasises the intimate and the confidential relationship between" +"the President and the ministers." +"In 1971, the Supreme Court held that ‘even after the dissolution" +"of the Lok Sabha, the council of ministers does not cease to hold" +"office. Article 74 is mandatory and, therefore, the president cannot" +"exercise the executive power without the aid and advise of the" +"council of ministers. Any exercise of executive power without the" +"aid and advice will be unconstitutional as being violative of Article" +"74’. Again in 1974, the court held that ‘wherever the Constitution" +"requires the satisfaction of the President, the satisfaction is not" +"the personal satisfaction of the President but it is the satisfaction" +"of the council of ministers with whose aid and on whose advice" +"the President exercises his powers and functions’." +" APPOINTMENT OF MINISTERS" +"" +"The Prime Minister is appointed by the President, while the other" +"ministers are appointed by the President on the advice of the" +"Prime Minister. This means that the President can appoint only" +"those persons as ministers who are recommended by the Prime" +"minister." +"Usually, the members of Parliament, either Lok Sabha or Rajya" +"Sabha, are appointed as ministers. A person who is not a member" +"of either House of Parliament can also be appointed as a minister." +"But, within six months, he must become a member (either by" +"election or by nomination) of either House of Parliament," +"otherwise, he ceases to be a minister." +"A minister who is a member of one House of Parliament has" +"the right to speak and to take part in the proceedings of the other" +"House also, but he can vote only in the House of which he is a" +"member." +" OATH AND SALARY OF MINISTERS" +"" +"Before a minister enters upon his office, the president administers" +"to him the oaths of office and secrecy. In his oath of office, the" +"minister swears:" +"1. to bear true faith and allegiance to the Constitution of India," +"2. to uphold the sovereignty and integrity of India," +"3. to faithfully and conscientiously discharge the duties of his" +"office, and" +"4. to do right to all manner of people in accordance with the" +"Constitution and the law, without fear or favour, affection or" +"ill will." +"In his oath of secrecy, the minister swears that he will not" +"directly or indirectly communicate or reveal to any person(s) any" +"matter that is brought under his consideration or becomes known" +"to him as a Union minister except as may be required for the due" +"discharge of his duties as such minister." +"In 1990, the oath by Devi Lal as deputy prime minister was" +"challenged as being unconstitutional as the Constitution provides" +"only for the Prime Minister and ministers. The Supreme Court" +"upheld the oath as valid and stated that describing a person as" +"Deputy Prime Minister is descriptive only and such description" +"does not confer on him any powers of Prime Minister. It ruled that" +"the description of a minister as Deputy Prime Minister or any other" +"type of minister such as minister of state or deputy minister of" +"which there is no mention in the Constitution does not vitiate the" +"oath taken by him so long as the substantive part of the oath is" +"correct." +"The salaries and allowances of ministers are determined by" +"Parliament from time to time.2 A minister gets the salary and" +"allowances that are payable to a member of Parliament." +"Additionally, he gets a sumptuary allowance (according to his" +"rank), free accommodation, travelling allowance, medical facilities," +"etc. In 2001, the sumptuary allowance for the prime minister was" +"raised from ₹1,500 to ₹3,000 per month, for a cabinet minister" +"from ₹1,000 to ₹2,000 per month, for a minister of state from ₹500" +" to ₹1,000 per month and for a deputy minister from ₹300 to ₹600" +"per month." +" RESPONSIBILITY OF MINISTERS" +"" +"Collective Responsibility" +"The fundamental principle underlying the working of parliamentary" +"system of government is the principle of collective responsibility." +"Article 75 clearly states that the council of ministers is collectively" +"responsible to the Lok Sabha. This means that all the ministers" +"own joint responsibility to the Lok Sabha for all their acts of" +"ommission and commission. They work as a team and swim or" +"sink together. When the Lok Sabha passes a no-confidence" +"motion against the council of ministers, all the ministers have to" +"resign including those ministers who are from the Rajya Sabha.3" +"Alternatively, the council of ministers can advise the president to" +"dissolve the Lok Sabha on the ground that the House does not" +"represent the views of the electorate faithfully and call for fresh" +"elections. The President may not oblige the council of ministers" +"that has lost the confidence of the Lok Sabha." +"The principle of collective responsibility also means that the" +"Cabinet decisions bind all cabinet ministers (and other ministers)" +"even if they differed in the cabinet meeting. It is the duty of every" +"minister to stand by cabinet decisions and support them both" +"within and outside the Parliament. If any minister disagrees with a" +"cabinet decision and is not prepared to defend it, he must resign." +"Several ministers have resigned in the past owing to their" +"differences with the cabinet. For example, Dr. B.R. Ambedkar" +"resigned because of his differences with his colleagues on the" +"Hindu Code Bill in 1953. C.D. Deshmukh resigned due to his" +"differences on the policy of reorganisation of states. Arif" +"Mohammed resigned due to his opposition to the Muslim Women" +"(Protection of Rights on Divorce) Act, 1986." +"" +"Individual Responsibility" +"Article 75 also contains the principle of individual responsibility. It" +"states that the ministers hold office during the pleasure of the" +"president, which means that the President can remove a minister" +" even at a time when the council of ministers enjoys the confidence" +"of the Lok Sabha. However, the President removes a minister only" +"on the advice of the Prime Minister. In case of a difference of" +"opinion or dissatisfaction with the performance of a minister, the" +"Prime Minister can ask him to resign or advice the President to" +"dismiss him. By exercising this power, the Prime Minister can" +"ensure the realisation of the rule of collective responsibility. In this" +"context, Dr. B.R. Ambedkar observed:" +"“Collective responsibility can be achieved only through the" +"instrumentality of the Prime Minister. Therefore, unless and" +"until we create that office and endow that office with statutory" +"authority to nominate and dismiss ministers, there can be no" +"collective responsibility.”4" +"" +"No Legal Responsibility" +"In Britain, every order of the King for any public act is" +"countersigned by a minister. If the order is in violation of any law," +"the minister would be held responsible and would be liable in the" +"court. The legally accepted phrase in Britain is, “The king can do" +"no wrong.” Hence, he cannot be sued in any court." +"In India, on the other hand, there is no provision in the" +"Constitution for the system of legal responsibility of a minister. It is" +"not required that an order of the President for a public act should" +"be countersigned by a minister. Moreover, the courts are barred" +"from enquiring into the nature of advice rendered by the ministers" +"to the president." +" COMPOSITION OF THE COUNCIL OF MINISTERS" +"" +"The council of ministers consists of three categories of ministers," +"namely, cabinet ministers, ministers of state,5 and deputy" +"ministers. The difference between them lies in their respective" +"ranks, emoluments, and political importance. At the top of all" +"these ministers stands the Prime Minister–the supreme governing" +"authority of the country." +"The cabinet ministers head the important ministries of the" +"Central government like home, defence, finance, external affairs" +"and so forth. They are members of the cabinet, attend its" +"meetings and play an important role in deciding policies. Thus," +"their responsibilities extend over the entire gamut of Central" +"government." +"The ministers of state can either be given independent charge" +"of ministries/ departments or can be attached to cabinet ministers." +"In case of attachment, they may either be given the charge of" +"departments of the ministries headed by the cabinet ministers or" +"allotted specific items of work related to the ministries headed by" +"cabinet ministers. In both the cases, they work under the" +"supervision and guidance as well as under the overall charge and" +"responsibility of the cabinet ministers. In case of independent" +"charge, they perform the same functions and exercise the same" +"powers in relation to their ministries/departments as cabinet" +"ministers do. However, they are not members of the cabinet and" +"do not attend the cabinet meetings unless specially invited when" +"something related to their ministries/ departments are considered" +"by the cabinet." +"Next in rank are the deputy ministers. They are not given" +"independent charge of ministries/departments. They are attached" +"to the cabinet ministers or ministers of state and assist them in" +"their administrative, political, and parliamentary duties. They are" +"not members of the cabinet and do not attend cabinet meetings." +"It must also be mentioned here that there is one more category" +"of ministers, called parliamentary secretaries. They are the" +"members of the last category of the council of ministers (which is" +"also known as the ‘ministry’). They have no department under" +" their control. They are attached to the senior ministers and assist" +"them in the discharge of their parliamentary duties. However," +"since 1967, no parliamentary secretaries have been appointed" +"except during the first phase of Rajiv Gandhi Government." +"At times, the council of ministers may also include a deputy" +"prime minister. The deputy prime ministers are appointed mostly" +"for political reasons." +" COUNCIL OF MINISTERS VS CABINET" +"" +"The words ‘council of ministers’ and ‘cabinet’ are often used" +"interchangeably though there is a definite distinction between" +"them. They differ from each other in respects of composition," +"functions, and role. These differences are shown in Table 20.1." +" ROLE OF CABINET" +"" +"1. It is the highest decision-making authority in our politico-" +"administrative system." +"2. It is the chief policy formulating body of the Central" +"government." +"3. It is the supreme executive authority of the Central" +"government." +"4. It is chief coordinator of Central administration." +"5. It is an advisory body to the president and its advice is" +"binding on him." +"6. It is the chief crisis manager and thus deals with all" +"emergency situations." +"7. It deals with all major legislative and financial matters." +"8. It exercises control over higher appointments like" +"constitutional authorities and senior secretariat" +"administrators." +"9. It deals with all foreign policies and foreign affairs." +"" +"Table 20.1 Distinction Between Council of Ministers and Cabinet" +"Council of ministers Cabinet" +"1. It is a wider body consisting 1. It is a smaller body" +"of 60 to 70 ministers. consisting of 15 to 20" +"ministers." +"2. It includes all the three 2. It includes the cabinet" +"categories of ministers, that ministers only. Thus, it is a" +"is, cabinet ministers, part of the council of" +"ministers of state, and ministers." +"deputy ministers." +"3. It does not meet, as a body, 3. It meets, as a body," +"to transact government frequently and usually once" +"business. It has no in a week to deliberate and" +"collective functions. take decisions regarding" +"the transaction of" +"government business." +" Thus, it has collective" +"functions." +"4. It is vested with all powers 4. It exercises, in practice, the" +"but in theory. powers of the council of" +"ministers and thus, acts for" +"the latter." +"5. Its functions are 5. It directs the council of" +"determined by the cabinet. ministers by taking policy" +"decisions which are binding" +"on all ministers." +"6. It implements the decisions 6. It supervises the" +"taken by the cabinet. implementation of its" +"decisions by the council of" +"ministers." +"7. It is a constitutional body, 7. It was inserted in Article" +"dealt in detail by the 352 of the Constitution in" +"Articles 74 and 75 of the 1978 by the 44th" +"Constitution. Its size and Constitutional Amendment" +"classification are, however, Act. Thus, it did not find a" +"not mentioned in the place in the original text of" +"Constitution. Its size is the Constitution. Now also," +"determined by the prime Article 352 only defines the" +"minister according to the cabinet saying that it is ‘the" +"exigencies of the time and council consisting of the" +"requirements of the prime minister and other" +"situation. Its classification ministers of cabinet rank" +"into a three-tier body is appointed under Article 75’" +"based on the conventions and does not describe its" +"of parliamentary powers and functions. In" +"government as developed other words, its role in our" +"in Britain. It has, however, politico-administrative" +"got a legislative sanction. system is based on the" +"Thus, the Salaries and conventions of" +"Allowances Act of 1952 parliamentary government" +"defines a ‘minister’ as a as developed in Britain." +"‘member of the council of" +"ministers, by whatever" +" name called, and includes" +"a deputy minister’." +"8. It is collectively responsible 8. It enforces the collective" +"to the Lower House of the responsibility of the council" +"Parliament. of ministers to the Lower" +"House of Parliament." +" ROLE DESCRIPTIONS" +"" +"The various comments made by the eminent political scientists" +"and constitutional experts on the role of cabinet in Britain holds" +"good in the Indian context also. These are mentioned below." +"" +"Ramsay Muir" +"“The Cabinet is the steering wheel of the ship of the state.”" +"" +"Lowell" +"“The Cabinet is the keystone of the political arch”." +"" +"Sir John Marriott" +"“The Cabinet is the pivot around which the whole political" +"machinery revolves”." +"" +"Gladstone" +"“The Cabinet is the solar orb around which the other bodies" +"revolve”." +"" +"Barker" +"“The Cabinet is the magnet of policy”." +"" +"Bagehot" +"“The Cabinet is a hyphen that joins, the buckle that binds the" +"executive and legislative departments together”." +"" +"Sir Ivor Jennings" +"“The Cabinet is the core of the British Constitutional System. It" +"provides unity to the British system of Government”." +"" +"L.S. Amery" +"“The Cabinet is the central directing instrument of Government”." +"The position of the Cabinet in the British Government has" +"become so strong that Ramsay Muir referred to it as the" +"‘Dictatorship of the Cabinet’. In his book ‘How Britain is" +"Governed’, he writes “A body which wields such powers as these" +"may fairly be described as ‘omnipotent’ in theory, however," +"incapable it may be of using its omnipotence. Its position," +" whenever it commands a majority, is a dictatorship only qualified" +"by publicity. This dictatorship is far more absolute that it was two" +"generations ago”. The same description holds good in the Indian" +"context too." +" KITCHEN CABINET" +"The cabinet, a small body consisting of the prime minister as its" +"head and some 15 to 20 most important ministers, is the highest" +"decision-making body in the formal sense. However, a still smaller" +"body called the ‘Inner Cabinet’ or ‘Kitchen Cabinet’ has become" +"the real centre of power. This informal body consists of the Prime" +"Minister and two to four influential colleagues in whom he has" +"faith and with whom he can discuss every problem. It advises the" +"prime minister on important political and administrative issues and" +"assists him in making crucial decisions. It is composed of not only" +"cabinet ministers but also outsiders like friends and family" +"members of the prime minister." +"Every prime minister in India has had his ‘Inner Cabinet’–a" +"circle within a circle. During the era of Indira Gandhi, the ‘Inner" +"Cabinet’ which came to be called the ‘Kitchen Cabinet’ was" +"particularly powerful." +"The prime ministers have resorted to the device of ‘inner" +"cabinet’ (extra-constitutional body) due to its merits, namely:" +"1. It being a small unit, is much more efficient decision-making" +"body than a large cabinet." +"2. It can meet more often and deal with business much more" +"expeditiously than the large cabinet." +"3. It helps the Prime Minister in maintaining secrecy in making" +"decisions on important political issues." +"However, it has many demerits also. Thus,6" +"1. It reduces the authority and status of the cabinet as the" +"highest decision-making body." +"2. It circumvents the legal process by allowing outside persons" +"to play an influential role in the government functioning." +"The phenomenon of ‘kitchen cabinet’ (where decisions are" +"cooked and placed before the cabinet for formal approval) is not" +"unique to India. It also exists in USA and Britain and is quite" +"powerful in influencing government decisions there." +"" +"Table 20.2 Articles Related to Central Council of Ministers at a" +"Glance" +" Article Subject Matter" +"No." +"74. Council of Ministers to aid and advise President" +"75. Other provisions as to Ministers" +"77. Conduct of business of the Government of India" +"78. Duties of Prime Minister as respects the furnishing of" +"information to the President, etc." +"88. Rights of Ministers as respects the Houses." +"" +"" +"NOTES AND REFERENCES" +"1. This Article was amended by the 42nd Constitutional" +"Amendment Act of 1976 to the effect that the president" +"shall, in the exercise of his functions, act in accordance" +"with the advice rendered by the council of ministers." +"The 44th Constitutional Amendment Act of 1978 further" +"added a proviso to this article to the effect that the" +"president may require the council of ministers to" +"reconsider such advice and the president shall act in" +"accordance with the advice tendered after such" +"reconsideration." +"2. The Salaries and Allowances of Ministers Act, 1952," +"has been passed for this purpose." +"3. Each minister need not resign separately; the" +"resignation of the prime minister amounts to the" +"resignation of the entire council of ministers." +"4. Constituent Assembly Debates, Volume VIII, p. 1160" +"5. In 1952, the minister of state was given the new" +"designation of ‘Minister of Cabinet Rank’. But in 1957," +"the earlier designation was restored." +"6. Avasthi and Avasthi, Indian Administration, Laksmi" +"Narain Agarwal, First Edition, 1993, p. 79." +" 21 Cabinet Committees" +"" +"" +"FEATURES OF CABINET COMMITTEES" +"The following are the features of Cabinet Committees:" +"1. They are extra-constitutional in emergence. In other words," +"they are not mentioned in the Constitution. However, the" +"Rules of Business provide for their establishment." +"2. They are of two types–standing and ad hoc. The former are" +"of a permanent nature while the latter are of a temporary" +"nature. The ad hoc committees are constituted from time to" +"time to deal with special problems. They are disbanded after" +"their task is completed.1" +"3. They are set up by the Prime Minister according to the" +"exigencies of the time and requirements of the situation." +"Hence, their number, nomenclature, and composition varies" +"from time to time." +"4. Their membership varies from three to eight. They usually" +"include only Cabinet Ministers. However, the non-cabinet" +"Ministers are not debarred from their membership." +"5. They not only include the Ministers in charge of subjects" +"covered by them but also include other senior Ministers." +"6. They are mostly headed by the Prime Minister. Some times" +"other Cabinet Ministers, particularly the Home Minister or the" +"Finance Minister, also acts as their Chairman. But, in case" +"the Prime Minister is a member of a committee, he invariably" +"presides over it." +"7. They not only sort out issues and formulate proposals for the" +"consideration of the Cabinet, but also take decisions." +"However, the Cabinet can review their decisions." +"8. They are an organisational device to reduce the enormous" +"workload of the Cabinet. They also facilitate in-depth" +"examination of policy issues and effective coordination. They" +" are based on the principles of division of labour and effective" +"delegation." +" LIST OF CABINET COMMITTEES" +"In 1994, there were the following 13 Cabinet Committees:" +"1. Cabinet Committee on Political Affairs" +"2. Cabinet Committee on Natural Calamities" +"3. Cabinet Committee on Parliamentary Affairs" +"4. Appointments Committee of the Cabinet" +"5. Cabinet Committee on Accommodation" +"6. Cabinet Committee on Foreign Investment" +"7. Cabinet Committee on Drug Abuse Control" +"8. Cabinet Committee on Prices" +"9. Cabinet Committee on Minority Welfare" +"10. Cabinet Committee on Economic Affairs" +"11. Cabinet Committee on Trade and Investment" +"12. Cabinet Committee on Expenditure" +"13. Cabinet Committee on Infrastructure" +"In 2013, the following 10 Cabinet Committees were in existence:" +"1. Cabinet Committee on Economic Affairs" +"2. Cabinet Committee on Prices" +"3. Cabinet Committee on Political Affairs" +"4. Appointments Committee of the Cabinet" +"5. Cabinet Committee on Security" +"6. Cabinet Committee on World Trade Organisation (WTO)" +"Matters" +"7. Cabinet Committee on Investment" +"8. Cabinet Committee on Unique Identification Authority of" +"India (UIDAI) related issues" +"9. Cabinet Committee on Parliamentary Affairs" +"10. Cabinet Committee on Accommodation" +"At present (2019), the following 8 Cabinet Committees are" +"functional:" +"1. Cabinet Committee on Political Affairs" +"2. Cabinet Committee on Economic Affairs" +"3. Appointments Committee of the Cabinet" +"4. Cabinet Committee on Security" +"5. Cabinet Committee on Parliamentary Affairs" +"6. Cabinet Committee on Accommodation" +" 7. Cabinet Committee on Investment and Growth" +"8. Cabinet Committee on Employment and Skill Development" +" FUNCTIONS OF CABINET COMMITTEES" +"" +"The following four are the more important cabinet committees:" +"1. The Political Affairs Committee deals with all policy matters" +"pertaining to domestic and foreign affairs." +"2. The Economic Affairs Committee directs and coordinates" +"the governmental activities in the economic sphere." +"3. Appointments Committee decides all higher level" +"appointments in the Central Secretariat, Public Enterprises," +"Banks and Financial Institutions." +"4. Parliamentary Affairs Committee looks after the progress of" +"government business in the Parliament." +"The first three committees are chaired by the Prime Minister" +"and the last one by the Home Minister. Of all the Cabinet" +"Committees, the most powerful is the Political Affairs Committee," +"often described as a “Super-Cabinet”." +" GROUPS OF MINISTERS" +"" +"In addition to cabinet committees, several Groups of Ministers" +"(GoMs) are constituted to look into different issues / subjects." +"Some of these GoMs are empowered to take decisions on behalf" +"of the Cabinet whereas the others make recommendations to the" +"Cabinet.2" +"The institution of GoMs has become a viable and effective" +"instrument of coordination among the ministries. These are ad hoc" +"bodies formed to give recommendations to the cabinet on certain" +"emergent issues and critical problem areas. Ministers heading the" +"concerned ministries are inducted into the relevant GoMs and" +"when the advice is crystallised they are disbanded.3" +"The Second Administrative Reforms Commission (2005–2009)" +"made the following observations and recommendations with" +"respect to the working of the GoMs4 :" +"1. The Commission observed that the constitution of a large" +"number of GoMs has resulted in many GoMs not being able" +"to meet regularly to complete their work thus leading to" +"significant delays on many major issues." +"2. The Commission felt that more selective use of the" +"institution of GoMs would perhaps lead to more effective" +"coordination particularly if they are empowered to arrive at a" +"decision on behalf of the Cabinet with time limits that are" +"prescribed for completing the work entrusted to them." +"3. The Commission recommended that there is need to ensure" +"that the existing coordination mechanism of GoMs function" +"effectively and helps in early resolution of issues. Selective," +"but effective use of GoMs with clear mandate and prescribed" +"time limits would be helpful." +"" +"" +"NOTES AND REFERENCES" +"1. For example, the Emergency Committee was set-up in" +"1962 after the Chinese invasion." +" 2. Second Administrative Reforms Commission," +"Government of India, Report on Organizational" +"Structure of Government of India, 2009, P.136. This" +"commission was headed by Veerappa Moily, a senior" +"Congress leader and former Karnataka Chief Minister." +"3. Ramesh K. Arora and Rajni Goyal, Indian Public" +"Administration, New Age International Publishers, Third" +"Edition, 2013, pp. 238–239." +"4. Second Administrative Reforms Commission," +"Government of India, Report on Organisational" +"Structure of Government of India, 2009, pp. 136–137" +"and 140." +" 22 Parliament" +"" +"" +"" +"" +"T" +"he Parliament is the legislative organ of the Union" +"government. It occupies a pre-eminent and central position" +"in the Indian democratic political system due to adoption of" +"the parliamentary form of government, also known as" +"‘Westminster’ model of government1 ." +"Articles 79 to 122 in Part V of the Constitution deal with the" +"organisation, composition, duration, officers, procedures," +"privileges, powers and so on of the Parliament." +" ORGANISATION OF PARLIAMENT" +"" +"Under the Constitution, the Parliament of India consists of three" +"parts viz, the President, the Council of States and the House of" +"the People. In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok" +"Sabha’ were adopted by the Council of States and the House of" +"People respectively. The Rajya Sabha is the Upper House" +"(Second Chamber or House of Elders) and the Lok Sabha is the" +"Lower House (First Chamber or Popular House). The former" +"represents the states and union territories of the Indian Union," +"while the latter represents the people of India as a whole." +"Though the President of India is not a member of either House" +"of Parliament and does not sit in the Parliament to attend its" +"meetings, he is an integral part of the Parliament. This is because" +"a bill passed by both the Houses of Parliament cannot become" +"law without the President’s assent. He also performs certain" +"functions relating to the proceedings of the Parliament, for" +"example, he summons and pro-rogues both the Houses, dissolves" +"the Lok Sabha, addresses both the Houses, issues ordinances" +"when they are not in session, and so on." +"In this respect, the framers of the Indian Constitution relied on" +"the British pattern rather than the American pattern. In Britain, the" +"Parliament consists of the Crown (King or Queen), the House of" +"Lords (Upper House) and the House of Commons (Lower House)." +"By contrast, the American president is not an integral part of the" +"legislature. In USA, the legislature, which is known as Congress," +"consists of the Senate (Upper House) and the House of" +"Representatives (Lower House)." +"The parliamentary form of government emphasises on the" +"interdependence between the legislative and executive organs." +"Hence, we have the ‘President-in-Parliament’ like the ‘Crown-in-" +"Parliament’ in Britain. The presidential form of government, on the" +"other hand, lays stress on the separation of legislative and" +"executive organs. Hence, the American president is not regarded" +"as a constituent part of the Congress." +" COMPOSITION OF THE TWO HOUSES" +"" +"Composition of Rajya Sabha" +"The maximum strength of the Rajya Sabha is fixed at 250, out of" +"which, 238 are to be the representatives of the states and union" +"territories (elected indirectly) and 12 are nominated by the" +"president." +"At present, the Rajya Sabha has 245 members. Of these, 229" +"members represent the states, 4 members represent the union" +"territories and 12 members are nominated by the president." +"The Fourth Schedule of the Constitution deals with the" +"allocation of seats in the Rajya Sabha to the states and union" +"territories2 ." +"" +"1. Representation of States" +"The representatives of states in the Rajya Sabha are elected by" +"the elected members of state legislative assemblies. The election" +"is held in accordance with the system of proportional" +"representation by means of the single transferable vote. The seats" +"are allotted to the states in the Rajya Sabha on the basis of" +"population. Hence, the number of representatives varies from" +"state to state. For example, Uttar Pradesh has 31 members while" +"Tripura has 1 member only. However, in USA, all states are given" +"equal representation in the Senate irrespective of their population." +"USA has 50 states and the Senate has 100 members–2 from" +"each state." +"" +"2. Representation of Union Territories" +"The representatives of each union territory in the Rajya Sabha are" +"indirectly elected by members of an electoral college specially" +"constituted for the purpose. This election is also held in" +"accordance with the system of proportional representation by" +"means of the single transferable vote. Out of the nine union" +"territories, only three (Delhi, Puducherry and Jammu & Kashmir)" +"have representation in Rajya Sabha. The populations of other six" +" union territories are too small to have any representative in the" +"Rajya Sabha." +"" +"3. Nominated Members" +"The president nominates 12 members to the Rajya Sabha from" +"people who have special knowledge or practical experience in art," +"literature, science and social service. The rationale behind this" +"principle of nomination is to provide eminent persons a place in" +"the Rajya Sabha without going through the process of election. It" +"should be noted here that the American Senate has no nominated" +"members." +"" +"Composition of Lok Sabha" +"The maximum strength of the Lok Sabha is fixed at 552. Out of" +"this, 530 members are to be the representatives of the states, 20" +"members are to be the representatives of the union territories and" +"2 members are to be nominated by the president from the Anglo-" +"Indian community3 ." +"At present, the Lok Sabha has 545 members. Of these, 530" +"members represent the states, 13 members represent the union" +"territories and 2 Anglo-Indian members are nominated by the" +"President4 ." +"" +"1. Representation of States" +"The representatives of states in the Lok Sabha are directly elected" +"by the people from the territorial constituencies in the states. The" +"election is based on the principle of universal adult franchise." +"Every Indian citizen who is above 18 years of age and who is not" +"disqualified under the provisions of the Constitution or any law is" +"eligible to vote at such election. The voting age was reduced from" +"21 to 18 years by the 61st Constitutional Amendment Act, 1988." +"" +"2. Representation of Union Territories" +"The Constitution has empowered the Parliament to prescribe the" +"manner of choosing the representatives of the union territories in" +"the Lok Sabha. Accordingly, the Parliament has enacted the" +"Union Territories (Direct Election to the House of the People) Act," +" 1965, by which the members of Lok Sabha from the union" +"territories are also chosen by direct election." +"" +"3. Nominated Members" +"The president can nominate two members from the Anglo-Indian" +"community if the community is not adequately represented in the" +"Lok Sabha. Originally, this provision was to operate till 1960 but" +"has been extended till 2020 by the 95th Amendment Act, 2009." +" SYSTEM OF ELECTIONS TO LOK SABHA" +"" +"The various aspects related to the system of elections to the Lok" +"Sabha are as follows:" +"" +"Territorial Constituencies" +"For the purpose of holding direct elections to the Lok Sabha, each" +"state is divided into territorial constituencies. In this respect, the" +"Constitution makes the following two provisions:" +"1. Each state is allotted a number of seats in the Lok Sabha in" +"such a manner that the ratio between that number and its" +"population is the same for all states. This provision does not" +"apply to a state having a population of less than six millions." +"2. Each state is divided into territorial constituencies in such a" +"manner that the ratio between the population of each" +"constituency and the number of seats allotted to it is the" +"same throughout the state." +"In brief, the Constitution ensures that there is uniformity of" +"representation in two respects: (a) between the different states," +"and b) between the different constituencies in the same state." +"The expression ‘population’ means the population as" +"ascertained at the preceding census of which the relevant figures" +"have been published." +"" +"Readjustment after each Census" +"After every census, a readjustment is to be made in (a) allocation" +"of seats in the Lok Sabha to the states, and (b) division of each" +"state into territorial constituencies. Parliament is empowered to" +"determine the authority and the manner in which it is to be made." +"Accordingly, the Parliament has enacted the Delimitation" +"Commission Acts in 1952, 1962, 1972 and 2002 for this purpose." +"The 42nd Amendment Act of 1976 froze the allocation of seats" +"in the Lok Sabha to the states and the division of each state into" +"territorial constituencies till the year 2000 at the 1971 level. This" +"ban on readjustment was extended for another 25 years (ie, upto" +" year 2026) by the 84th Amendment Act of 2001, with the same" +"objective of encouraging population limiting measures." +"The 84th Amendment Act of 2001 also empowered the" +"government to undertake readjustment and rationalisation of" +"territorial constituencies in the states on the basis of the" +"population figures of 1991 census. Later, the 87th Amendment Act" +"of 2003 provided for the delimitation of constituencies on the basis" +"of 2001 census and not 1991 census. However, this can be done" +"without altering the number of seats allotted to each state in the" +"Lok Sabha." +"" +"Reservation of Seats for SCs and STs" +"Though the Constitution has abandoned the system of communal" +"representation, it provides for the reservation of seats for" +"scheduled castes and scheduled tribes in the Lok Sabha on the" +"basis of population ratios5 ." +"Originally, this reservation was to operate for ten years (ie, up" +"to 1960), but it has been extended continuously since then by 10" +"years each time. Now, under the 95th Amendment Act of 2009," +"this reservation is to last until 2020." +"Though seats are reserved for scheduled castes and scheduled" +"tribes, they are elected by all the voters in a constituency, without" +"any separate electorate. A member of scheduled castes and" +"scheduled tribes is also not debarred from contesting a general" +"(non-reserved) seat." +"The 84th Amendment Act of 2001 provided for refixing of the" +"reserved seats on the basis of the population figures of 1991" +"census as applied to rationalisation of the general seats. Later, the" +"87th Amendment Act of 2003 provided for the refixing of the" +"reserved seats on the basis of 2001 census and not 1991 census." +"" +"First-Past-The-Post System" +"Though the Constitution has adopted the system of proportional" +"representation in the case of Rajya Sabha, it has not preferred the" +"same system in the case of Lok Sabha. Instead, it has adopted" +"the system of territorial representation (First-past-the-post system)" +"for the election of members to the Lok Sabha." +" Under territorial representation, every member of the legislature" +"represents a geographical area known as a constituency. From" +"each constituency, only one representative is elected. Hence such" +"a constituency is known as single-member constituency. In this" +"system, a candidate who secures majority of votes is declared" +"elected. This simple majority system of representation does not" +"represent the whole electorate. In other words, it does not secure" +"due representation to minorities (small groups)." +"The system of proportional representation aims at removing the" +"defects of territorial representation. Under this system, all sections" +"of the people get representation in proportion to their number." +"Even the smallest section of the population gets its due share of" +"representation in the legislature." +"There are two kinds of proportional representation, namely," +"single transferable vote system and list system. In India, the first" +"kind is adopted for the election of members to the Rajya Sabha" +"and state legislative council and for electing the President and the" +"Vice-President." +"Though some members of the Constituent Assembly had" +"advocated the system of proportional representation for the" +"election of members to the Lok Sabha, the Constitution has not" +"adopted the system due to two reasons." +"1. Difficulty for the voters to understand the system (which is" +"complicated) due to low literacy scale in the country." +"2. Unsuitability to the parliamentary government due to the" +"tendency of the system to multiply political parties leading to" +"instability in government." +"Additionally, the system of proportional representation has the" +"following demerits:" +"1. It is highly expensive." +"2. It does not give any scope for organising by-elections." +"3. It eliminates intimate contacts between voters and" +"representatives." +"4. It promotes minority thinking and group interests." +"5. It increases the significance of party system and decreases" +"that of voter." +" DURATION OF TWO HOUSES" +"" +"Duration of Rajya Sabha" +"The Rajya Sabha (first constituted in 1952) is a continuing" +"chamber, that is, it is a permanent body and not subject to" +"dissolution. However, one-third of its members retire every second" +"year. Their seats are filled up by fresh elections and presidential" +"nominations at the beginning of every third year. The retiring" +"members are eligible for re-election and renomination any number" +"of times." +"The Constitution has not fixed the term of office of members of" +"the Rajya Sabha and left it to the Parliament. Accordingly, the" +"Parliament in the Representation of the People Act (1951)" +"provided that the term of office of a member of the Rajya Sabha" +"shall be six years. The act also empowered the president of India" +"to curtail the term of members chosen in the first Rajya Sabha. In" +"the first batch, it was decided by lottery as to who should retire." +"Further, the act also authorised the President to make provisions" +"to govern the order of retirement of the members of the Rajya" +"Sabha6 ." +"" +"Duration of Lok Sabha" +"Unlike the Rajya Sabha, the Lok Sabha is not a continuing" +"chamber. Its normal term is five years from the date of its first" +"meeting after the general elections, after which it automatically" +"dissolves. However, the President is authorised to dissolve the" +"Lok Sabha at any time even before the completion of five years" +"and this cannot be challenged in a court of law." +"Further, the term of the Lok Sabha can be extended during the" +"period of national emergency be a law of Parliament for one year" +"at a time7 for any length of time. However, this extension cannot" +"continue beyond a period of six months after the emergency has" +"ceased to operate." +" MEMBERSHIP OF PARLIAMENT" +"" +"Qualifications" +"The Constitution lays down the following qualifications for a" +"person to be chosen a member of the Parliament:" +"1. He must be a citizen of India." +"2. He must make and subscribe to an oath or affirmation" +"before the person authorised by the election commission for" +"this purpose. In his oath or affirmation, he swears" +"(a) To bear true faith and allegiance to the Constitution of" +"India" +"(b) To uphold the sovereignty and integrity of India" +"3. He must be not less than 30 years of age in the case of the" +"Rajya Sabha and not less than 25 years of age in the case" +"of the Lok Sabha." +"4. He must posses other qualifications prescribed by" +"Parliament." +"The Parliament has laid down the following additional" +"qualifications in the Representation of People Act (1951)." +"1. He must be registered as an elector for a parliamentary" +"constituency. This is same in the case of both, the Rajya" +"Sabha and the Lok Sabha. The requirement that a candidate" +"contesting an election to the Rajya Sabha from a particular" +"state should be an elector in that particular state was" +"dispensed with in 2003. In 2006, the Supreme Court upheld" +"the constitutional validity of this change." +"2. He must be a member of a scheduled caste or scheduled" +"tribe in any state or union territory, if he wants to contest a" +"seat reserved for them. However, a member of scheduled" +"castes or scheduled tribes can also contest a seat not" +"reserved for them." +"" +"Disqualifications" +"Under the Constitution, a person shall be disqualified for being" +"elected as a member of Parliament:" +" 1. if he holds any office of profit under the Union or state" +"government (except that of a minister or any other office" +"exempted by Parliament).8" +"2. if he is of unsound mind and stands so declared by a court." +"3. if he is an undischarged insolvent." +"4. if he is not a citizen of India or has voluntarily acquired the" +"citizenship of a foreign state or is under any" +"acknowledgement of allegiance to a foreign state; and" +"5. if he is so disqualified under any law made by Parliament." +"The Parliament has laid down the following additional" +"disqualifications in the Representation of People Act (1951):" +"1. He must not have been found guilty of certain election" +"offences or corrupt practices in the elections." +"2. He must not have been convicted for any offence resulting in" +"imprisonment for two or more years. But, the detention of a" +"person under a preventive detention law is not a" +"disqualification." +"3. He must not have failed to lodge an account of his election" +"expenses within the time." +"4. He must not have any interest in government contracts," +"works or services." +"5. He must not be a director or managing agent nor hold an" +"office of profit in a corporation in which the government has" +"at least 25 per cent share." +"6. He must not have been dismissed from government service" +"for corruption or disloyalty to the State." +"7. He must not have been convicted for promoting enmity" +"between different groups or for the offence of bribery." +"8. He must not have been punished for preaching and" +"practising social crimes such as untouchability, dowry and" +"sati." +"On the question whether a member is subject to any of the" +"above disqualifications, the president’s decision is final. However," +"he should obtain the opinion of the election commission and act" +"accordingly." +"" +"Disqualification on Ground of Defection" +" The Constitution also lays down that a person shall be disqualified" +"from being a member of Parliament if he is so disqualified on the" +"ground of defection under the provisions of the Tenth Schedule. A" +"member incurs disqualification under the defection law:" +"1. if he voluntary gives up the membership of the political party" +"on whose ticket he is elected to the House;" +"2. if he votes or abstains from voting in the House contrary to" +"any direction given by his political party;" +"3. if any independently elected member joins any political" +"party; and" +"4. if any nominated member joins any political party after the" +"expiry of six months." +"The question of disqualification under the Tenth Schedule is" +"decided by the Chairman in the case of Rajya Sabha and Speaker" +"in the case of Lok Sabha (and not by the president of India). In" +"1992, the Supreme Court ruled that the decision of the Chairman/" +"Speaker in this regard is subject to judicial review." +"" +"Vacating of Seats" +"In the following cases, a member of Parliament vacates his seat." +"" +"1. Double Membership" +"A person cannot be a member of both Houses of Parliament at" +"the same time. Thus, the Representation of People Act (1951)" +"provides for the following:" +"(a) If a person is elected to both the Houses of Parliament, he" +"must intimate within 10 days in which House he desires to" +"serve. In default of such intimation, his seat in the Rajya" +"Sabha becomes vacant." +"(b) If a sitting member of one House is also elected to the other" +"House, his seat in the first House becomes vacant." +"(c) If a person is elected to two seats in a House, he should" +"exercise his option for one. Otherwise, both seats become" +"vacant." +"Similarly, a person cannot be a member of both the Parliament" +"and the state legislature at the same time. If a person is so" +"elected, his seat in Parliament becomes vacant if he does not" +"resign his seat in the state legislature within 14 days9 ." +" 2. Disqualification" +"If a member of Parliament becomes subject to any of the" +"disqualifications specified in the Constitution, his seat becomes" +"vacant. Here, the list of disqualifications also include the" +"disqualification on the grounds of defection under the provisions of" +"the Tenth Schedule of the Constitution." +"" +"3. Resignation" +"A member may resign his seat by writing to the Chairman of Rajya" +"Sabha or Speaker of Lok Sabha, as the case may be. The seat" +"falls vacant when the resignation is accepted. However, the" +"Chairman/ Speaker may not accept the resignation if he is" +"satisfied that it is not voluntary or genuine." +"" +"4. Absence" +"A House can declare the seat of a member vacant if he is absent" +"from all its meetings for a period of sixty days without its" +"permission. In computing the period of sixty days, no account" +"shall be taken of any period during which the House is prorogued" +"or adjourned for more than four consecutive days." +"" +"5. Other cases" +"A member has to vacate his seat in the Parliament:" +"(a) if his election is declared void by the court;" +"(b) if he is expelled by the House;" +"(c) if he is elected to the office of President or Vice-President;" +"and" +"(d) if he is appointed to the office of governor of a state." +"If a disqualified person is elected to the Parliament, the" +"Constitution lays down no procedure to declare the election void." +"This matter is dealt by the Representation of the People Act" +"(1951), which enables the high court to declare an election void if" +"a disqualified candidate is elected. The aggrieved party can" +"appeal to the Supreme Court against the order of the high court in" +"this regard." +"" +"Oath or Affirmation" +" Every member of either House of Parliament, before taking his" +"seat in the House, has to make and subscribe to an oath or" +"affirmation before the President or some person appointed by him" +"for this purpose. In his oath or affirmation, a member of Parliament" +"swears:" +"1. to bear true faith and allegiance to the Constitution of India;" +"2. to uphold the sovereignty and integrity of India; and" +"3. to faithfully discharge the duty upon which he is about to" +"enter." +"Unless a member takes the oath, he cannot vote and" +"participate in the proceedings of the House and does not become" +"eligible to parliamentary privileges and immunities." +"A person is liable to a penalty of ₹500 for each day he sits or" +"votes as a member in a House in the following conditions:" +"1. Before taking and subscribing to the prescribed oath or" +"affirmation; or" +"2. When he knows that he is not qualified or that he is" +"disqualified for its membership; or" +"3. When he knows that he is prohibited from sitting or voting in" +"the House by virtue of any parliamentary law." +"" +"Salaries and Allowances" +"Members of either House of Parliament are entitled to receive" +"such salaries and allowances as may be determined by" +"Parliament, and there is no provision of pension in the" +"Constitution. However, Parliament has provided pension to the" +"members." +"In 1954, the Parliament enacted the Salaries, Allowances and" +"Pension of Members of Parliament Act. In 2018, the salary of" +"members was increased from ₹50,000 to ₹1,00,000 per month," +"the constituency allowance from ₹45,000 to ₹70,000 per month" +"and the office expenses allowance from ₹45,000 to ₹60,000 per" +"month. Earlier in 2010, the daily allowance was increased from" +"₹1,000 to ₹2,000 for each day of residence on duty." +"From 1976, the members are also entitled to a pension on a" +"graduated scale for each five-year-term as members of either" +"House of Parliament. Besides, they are provided with travelling" +" facilities, free accommodation, telephone, vehicle advance," +"medical facilities and so on." +"The salaries and allowances of the Speaker and Deputy" +"Speaker of Lok Sabha and the Chairman and Deputy Chairman of" +"Rajya Sabha are also determined by Parliament. They are" +"charged on the Consolidated Fund of India and thus are not" +"subject to the annual vote of Parliament." +"In 1953, the Parliament enacted the Salaries and Allowances of" +"Officers of Parliament Act. Under this Act, “Officer of Parliament”" +"means any of the following officers, namely, the Chairman and" +"Deputy Chairman of the Rajya Sabha and the Speaker and the" +"Deputy Speaker of the Lok Sabha. In 2018, the Parliament" +"increased the salary of the Chairman of the Rajya Sabha from" +"₹1.25 lakh to ₹4 lakh per month9a. Similarly, other Officers of" +"Parliament (i.e., the Speaker and the Deputy Speaker of the Lok" +"Sabha and the Deputy Chairman of the Rajya Sabha) are entitled" +"to receive a salary per month at the same rates as are payable to" +"the Members of Parliament.9b Further, each Officer of Parliament" +"(other than the Chairman of the Rajya Sabha) is entitled to receive" +"a daily allowance (for each day during the whole of his term) at" +"the same rate as is payable to the Members of Parliament.9c Also," +"each Officer of Parliament (other than the Chairman of the Rajya" +"Sabha) is entitled to receive a constituency allowance at the same" +"rate as is payable to the Members of Parliament.9d" +"According to the same Act, the sumptuary allowance is paid to" +"the Speaker of the Lok Sabha at the same rate as is payable to a" +"Cabinet Minister9e (i.e., ₹2,000 per month). Likewise, the" +"sumptuary allowance is paid to the Deputy Speaker of the Lok" +"Sabha and the Deputy Chairman of the Rajya Sabha at the same" +"rate as is payable to a Minister of State9f (i.e., ₹1000 per month)." +" PRESIDING OFFICERS OF PARLIAMENT" +"" +"Each House of Parliament has its own presiding officer. There is a" +"Speaker and a Deputy Speaker for the Lok Sabha and a" +"Chairman and a Deputy Chairman for the Rajya Sabha. A panel of" +"chairpersons for the Lok Sabha and a panel of vice-chairpersons" +"for the Rajya Sabha is also appointed." +"" +"Speaker of Lok Sabha" +"" +"Election and Tenure" +"The Speaker is elected by the Lok Sabha from amongst its" +"members (as soon as may be, after its first sitting). Whenever the" +"office of the Speaker falls vacant, the Lok Sabha elects another" +"member to fill the vacancy. The date of election of the Speaker is" +"fixed by the President." +"Usually, the Speaker remains in office during the life of the Lok" +"Sabha. However, he has to vacate his office earlier in any of the" +"following three cases:" +"1. if he ceases to be a member of the Lok Sabha;" +"2. if he resigns by writing to the Deputy Speaker; and" +"3. if he is removed by a resolution passed by a majority of all" +"then members of the Lok Sabha. Such a resolution can be" +"moved only after giving 14 days’ advance notice." +"When a resolution for the removal of the Speaker is under" +"consideration of the House, he cannot preside at the sitting of the" +"House, though he may be present. However, he can speak and" +"take part in the proceedings of the House at such a time and vote" +"in the first instance, though not in the case of an equality of votes." +"It should be noted here that, whenever the Lok Sabha is" +"dissolved, the Speaker does not vacate his office and continues" +"till the newly-elected Lok Sabha meets." +"" +"Role, Powers and Functions" +"The Speaker is the head of the Lok Sabha, and its representative." +"He is the guardian of powers and privileges of the members, the" +"House as a whole and its committees. He is the principal" +" spokesman of the House, and his decision in all Parliamentary" +"matters is final. He is thus much more than merely the presiding" +"officer of the Lok Sabha. In these capacities, he is vested with" +"vast, varied and vital responsibilities and enjoys great honour," +"high dignity and supreme authority within the House." +"The Speaker of the Lok Sabha derives his powers and duties" +"from three sources, that is, the Constitution of India, the Rules of" +"Procedure and Conduct of Business of Lok Sabha, and" +"Parliamentary Conventions (residuary powers that are unwritten" +"or unspecified in the Rules). Altogether, he has the following" +"powers and duties:" +"1. He maintains order and decorum in the House for" +"conducting its business and regulating its proceedings. This" +"is his primary responsibility and he has final power in this" +"regard." +"2. He is the final interpreter of the provisions of (a) the" +"Constitution of India, (b) the Rules of Procedure and" +"Conduct of Business of Lok Sabha, and (c) the" +"parliamentary precedents, within the House." +"3. He adjourns the House or suspends the meeting in absence" +"of a quorum. The quorum to constitute a meeting of the" +"House is one-tenth of the total strength of the House." +"4. He does not vote in the first instance. But he can exercise a" +"casting vote in the case of a tie. In other words, only when" +"the House is divided equally on any question, the Speaker is" +"entitled to vote. Such vote is called casting vote, and its" +"purpose is to resolve a deadlock." +"5. He presides over a joint setting of the two Houses of" +"Parliament. Such a sitting is summoned by the President to" +"settle a deadlock between the two Houses on a bill." +"6. He can allow a ‘secret’ sitting of the House at the request of" +"the Leader of the House. When the House sits in secret, no" +"stranger can be present in the chamber, lobby or galleries" +"except with the permission of the Speaker." +"7. He decides whether a bill is a money bill or not and his" +"decision on this question is final. When a money bill is" +"transmitted to the Rajya Sabha for recommendation and" +" presented to the President for assent, the Speaker endorses" +"on the bill his certificate that it is a money bill." +"8. He decides the questions of disqualification of a member of" +"the Lok Sabha, arising on the ground of defection under the" +"provisions of the Tenth Schedule. In 1992, the Supreme" +"Court ruled that the decision of the Speaker in this regard is" +"subject to judicial review10 ." +"9. He acts as the ex-officio chairman of the Indian" +"Parliamentary Group which is a link between the Parliament" +"of India and the various parliaments of the world. He also" +"acts as the ex-officio chairman of the conference of" +"presiding officers of legislative bodies in the country." +"10. He appoints the chairman of all the parliamentary" +"committees of the Lok Sabha and supervises their" +"functioning. He himself is the chairman of the Business" +"Advisory Committee, the Rules Committee and the General" +"Purpose Committee." +"" +"Independence and Impartiality" +"As the office of the Speaker is vested with great prestige, position" +"and authority, independence and impartiality becomes its sine qua" +"non11 ." +"The following provisions ensure the independence and" +"impartiality of the office of the Speaker:" +"1. He is provided with a security of tenure. He can be removed" +"only by a resolution passed by the Lok Sabha by a special" +"majority (ie, a majority of all the then members of the House)" +"and not by an ordinary majority (ie, a majority of the" +"members present and voting in the House). This motion of" +"removal can be considered and discussed only when it has" +"the support of at least 50 members." +"2. His salaries and allowances are fixed by Parliament. They" +"are charged on the Consolidated Fund of India and thus are" +"not subject to the annual vote of Parliament." +"3. His work and conduct cannot be discussed and criticised in" +"the Lok Sabha except on a substantive motion." +"4. His powers of regulating procedure or conducting business" +"or maintaining order in the House are not subject to the" +" jurisdiction of any Court." +"5. He cannot vote in the first instance. He can only exercise a" +"casting vote in the event of a tie. This makes the position of" +"Speaker impartial." +"6. He is given a very high position in the order of precedence." +"He is placed at seventh rank, along with the Chief Justice of" +"India. This means, he has a higher rank than all cabinet" +"ministers, except the Prime Minister or Deputy Prime" +"Minister." +"In Britain, the Speaker is strictly a nonparty man. There is a" +"convention that the Speaker has to resign from his party and" +"remain politically neutral. This healthy convention is not fully" +"established in India where the Speaker does not resign from the" +"membership of his party on his election to the exalted office." +"" +"Deputy Speaker of Lok Sabha" +"Like the Speaker, the Deputy Speaker is also elected by the Lok" +"Sabha itself from amongst its members. He is elected after the" +"election of the Speaker has taken place. The date of election of" +"the Deputy Speaker is fixed by the Speaker. Whenever the office" +"of the Deputy Speaker falls vacant, the Lok Sabha elects another" +"member to fill the vacancy." +"Like the Speaker, the Deputy Speaker remains in office usually" +"during the life of the Lok Sabha. However, he may vacate his" +"office earlier in any of the following three cases:" +"1. if he ceases to be a member of the Lok Sabha;" +"2. if he resigns by writing to the Speaker; and" +"3. if he is removed by a resolution passed by a majority of all" +"the then members of the Lok Sabha. Such a resolution can" +"be moved only after giving 14 days’ advance notice." +"The Deputy Speaker performs the duties of the Speaker’s office" +"when it is vacant. He also acts as the Speaker when the latter is" +"absent from the sitting of the House. In both the cases, he" +"assumes all the powers of the Speaker. He also presides over the" +"joint sitting of both the Houses of Parliament, in case the Speaker" +"is absent from such a sitting." +"It should be noted here that the Deputy Speaker is not" +"subordinate to the Speaker. He is directly responsible to the" +" House." +"The Deputy Speaker has one special privilege, that is," +"whenever he is appointed as a member of a parliamentary" +"committee, he automatically becomes its chairman." +"Like the Speaker, the Deputy Speaker, while presiding over the" +"House, cannot vote in the first instance; he can only exercise a" +"casting vote in the case of a tie. Further, when a resolution for the" +"removal of the Deputy Speaker is under consideration of the" +"House, he cannot preside at the sitting of the House, though he" +"may be present." +"When the Speaker presides over the House, the Deputy" +"Speaker is like any other ordinary member of the House. He can" +"speak in the House, participate in its proceedings and vote on any" +"question before the House." +"The Deputy Speaker is entitled to a regular salary and" +"allowance fixed by Parliament, and charged on the Consolidated" +"Fund of India." +"Upto the 10th Lok Sabha, both the Speaker and the Deputy" +"Speaker were usually from the ruling party. Since the 11th Lok" +"Sabha, there has been a consensus that the Speaker comes from" +"the ruling party (or ruling alliance) and the post of Deputy Speaker" +"goes to the main opposition party." +"The Speaker and the Deputy Speaker, while assuming their" +"offices, do not make and subscribe any separate oath or" +"affirmation." +"The institutions of Speaker and Deputy Speaker originated in" +"India in 1921 under the provisions of the Government of India Act" +"of 1919 (Montague-Chelmsford Reforms). At that time, the" +"Speaker and the Deputy Speaker were called the President and" +"Deputy President respectively and the same nomenclature" +"continued till 1947. Before 1921, the Governor-General of India" +"used to preside over the meetings of the Central Legislative" +"Council. In 1921, the Frederick Whyte and Sachidanand Sinha" +"were appointed by the Governor-General of India as the first" +"Speaker and the first Deputy Speaker (respectively) of the central" +"legislative assembly. In 1925, Vithalbhai J. Patel became the first" +"Indian and the first elected Speaker of the central legislative" +"assembly. The Government of India Act of 1935 changed the" +" nomenclatures of President and Deputy President of the Central" +"Legislative Assembly to the Speaker and Deputy Speaker" +"respectively. However, the old nomenclature continued till 1947 as" +"the federal part of the 1935 Act was not implemented. G.V." +"Mavalankar and Ananthasayanam Ayyangar had the distinction of" +"being the first Speaker and the first Deputy Speaker (respectively)" +"of the Lok Sabha. G.V. Mavalankar also held the post of Speaker" +"in the Constituent Assembly (Legislative) as well as the" +"provisional Parliament. He held the post of Speaker of Lok Sabha" +"continuously for one decade from 1946 to 1956." +"" +"Panel of Chairpersons of Lok Sabha" +"Under the Rules of Lok Sabha, the Speaker nominates from" +"amongst the members a panel of not more than ten chairpersons." +"Any of them can preside over the House in the absence of the" +"Speaker or the Deputy Speaker. He has the same powers as the" +"Speaker when so presiding. He holds office until a new panel of" +"chairpersons is nominated. When a member of the panel of" +"chairpersons is also not present, any other person as determined" +"by House acts as the Speaker." +"It must be emphasised here that a member of the panel of" +"chairpersons cannot preside over the House, when the office of" +"the Speaker or the Deputy Speaker is vacant. During such time," +"the Speaker’s duties are to be performed by such member of the" +"House as the President may appoint for the purpose. The" +"elections are held, as soon as possible, to fill the vacant posts." +"" +"Speaker Pro Tem" +"As provided by the Constitution, the Speaker of the last Lok" +"Sabha vacates his office immediately before the first meeting of" +"the newly-elected Lok Sabha. Therefore, the President appoints a" +"member of the Lok Sabha as the Speaker Pro Tem. Usually, the" +"seniormost member is selected for this. The President himself" +"administers oath to the Speaker Pro Tem." +"The Speaker Pro Tem has all the powers of the Speaker. He" +"presides over the first sitting of the newly-elected Lok Sabha. His" +" main duty is to administer oath to the new members. He also" +"enables the House to elect the new Speaker." +"When the new Speaker is elected by the House, the office of" +"the Speaker Pro Tem ceases to exist. Hence, this office is a" +"temporary office, existing for a few days12 ." +"" +"Chairman of Rajya Sabha" +"The presiding officer of the Rajya Sabha is known as the" +"Chairman. The vice-president of India is the ex-officio Chairman of" +"the Rajya Sabha. During any period when the VicePresident acts" +"as President or discharges the functions of the President, he does" +"not perform the duties of the office of the Chairman of Rajya" +"Sabha." +"The Chairman of the Rajya Sabha can be removed from his" +"office only if he is removed from the office of the Vice-President." +"As a presiding officer, the powers and functions of the Chairman" +"in the Rajya Sabha are similar to those of the Speaker in the Lok" +"Sabha. However, the Speaker has two special powers which are" +"not enjoyed by the Chairman:" +"1. The Speaker decides whether a bill is a money bill or not" +"and his decision on this question is final." +"2. The Speaker presides over a joint sitting of two Houses of" +"Parliament." +"Unlike the Speaker (who is a member of the House), the" +"Chairman is not a member of the House. But like the Speaker, the" +"Chairman also cannot vote in the first instance. He too can cast a" +"vote in the case of an equality of votes." +"The Vice-President cannot preside over a sitting of the Rajya" +"Sabha as its Chairman when a resolution for his removal is under" +"consideration. However, he can be present and speak in the" +"House and can take part in its proceedings, without voting, even" +"at such a time (while the Speaker can vote in the first instance" +"when a resolution for his removal is under consideration of the" +"Lok Sabha)." +"As in case of the Speaker, the salaries and allowances of the" +"Chairman are also fixed by the Parliament. They are charged on" +"the Consolidated Fund of India and thus are not subject to the" +"annual vote of Parliament." +" During any period when the Vice-President acts as President or" +"discharges the functions of the President, he is not entitled to any" +"salary or allowance payable to the Chairman of the Rajya Sabha." +"But he is paid the salary and allowance of the President during" +"such a time." +"" +"Deputy Chairman of Rajya Sabha" +"The Deputy Chairman is elected by the Rajya Sabha itself from" +"amongst its members. Whenever the office of the Deputy" +"Chairman falls vacant, the Rajya Sabha elects another member to" +"fill the vacancy." +"The Deputy Chairman vacates his office in any of the following" +"three cases:" +"1. if he ceases to be a member of the Rajya Sabha;" +"2. if he resigns by writing to the Chairman; and" +"3. if he is removed by a resolution passed by a majority of all" +"the then members of the Rajya Sabha. Such a resolution" +"can be moved only after giving 14 days’ advance notice." +"The Deputy Chairman performs the duties of the Chairman’s" +"office when it is vacant or when the Vice-President acts as" +"President or discharges the functions of the President. He also" +"acts as the Chairman when the latter is absent from the sitting of" +"the House. In both the cases, he has all the powers of the" +"Chairman." +"It should be emphasised here that the Deputy Chairman is not" +"subordinate to the Chairman. He is directly responsible to the" +"Rajya Sabha." +"Like the Chairman, the Deputy Chairman, while presiding over" +"the House, cannot vote in the first instance; he can only exercise" +"a casting vote in the case of a tie. Further, when a resolution for" +"the removal of the Deputy Chairman is under consideration of the" +"House, he cannot preside over a sitting of the House, though he" +"may be present." +"When the Chairman presides over the House, the Deputy" +"Chairman is like any other ordinary member of the House. He can" +"speak in the House, participate in its proceedings and vote on any" +"question before the House." +" Like the Chairman, the Deputy Chairman is also entitled to a" +"regular salary and allowance. They are fixed by Parliament and" +"are charged on the Consolidated Fund of India." +"" +"Panel of Vice-Chairpersons of Rajya Sabha" +"Under the Rules of Rajya Sabha, the Chairman nominates from" +"amongst the members a panel of vice-chairpersons. Any one of" +"them can preside over the House in the absence of the Chairman" +"or the Deputy Chairman. He has the same powers as the" +"Chairman when so presiding. He holds office until a new panel of" +"vice-chairpersons is nominated." +"When a member of the panel of vicechairpersons is also not" +"present, any other person as determined by the House acts as the" +"Chairman." +"It must be emphasised here that a member of the panel of vice-" +"chairpersons cannot preside over the House, when the office of" +"the Chairman or the Deputy Chairman is vacant. During such" +"time, the Chairman’s duties are to be performed by such member" +"of the House as the president may appoint for the purpose. The" +"elections are held, as soon as possible, to fill the vacant posts." +"" +"Secretariat of Parliament" +"Each House of Parliament has separate secretarial staff of its" +"own, though there can be some posts common to both the" +"Houses. Their recruitment and service conditions are regulated by" +"Parliament. The secretariat of each House is headed by a" +"secretary-general. He is a permanent officer and is appointed by" +"the presiding officer of the House." +" LEADERS IN PARLIAMENT" +"" +"Leader of the House" +"Under the Rules of Lok Sabha, the ‘Leader of the House’ means" +"the prime minister, if he is a member of the Lok Sabha, or a" +"minister who is a member of the Lok Sabha and is nominated by" +"the prime minister to function as the Leader of the House. There is" +"also a ‘Leader of the House’ in the Rajya Sabha. He is a minister" +"and a member of the Rajya Sabha and is nominated by the prime" +"minister to function as such. The leader of the house in either" +"House is an important functionary and exercises direct influence" +"on the conduct of business. He can also nominate a deputy leader" +"of the House. The same functionary in USA is known as the" +"‘majority leader’." +"" +"Leader of the Opposition" +"In each House of Parliament, there is the ‘Leader of the" +"Opposition’. The leader of the largest Opposition party having not" +"less than one-tenth seats of the total strength of the House is" +"recognised as the leader of the Opposition in that House. In a" +"parliamentary system of government, the leader of the opposition" +"has a significant role to play. His main functions are to provide a" +"constructive criticism of the policies of the government and to" +"provide an alternative government. Therefore, the leader of" +"Opposition in the Lok Sabha and the Rajya Sabha were accorded" +"statutory recognition in 1977. They are also entitled to the salary," +"allowances and other facilities equivalent to that of a cabinet" +"minister. It was in 1969 that an official leader of the opposition was" +"recognised for the first time. The same functionary in USA is" +"known as the ‘minority leader’." +"The British political system has an unique institution called the" +"‘Shadow Cabinet’. It is formed by the Opposition party to balance" +"the ruling cabinet and to prepare its members for future ministerial" +"offices. In this shadow cabinet, almost every member in the ruling" +"cabinet is ‘shadowed’ by a corresponding member in the" +" opposition cabinet. This shadow cabinet serves as the ‘alternate" +"cabinet’ if there is change of government. That is why Ivor" +"Jennings described the leader of Opposition as the ‘alternative" +"Prime Minister’. He enjoys the status of a minister and is paid by" +"the government." +"" +"Whip" +"Though the offices of the leader of the House and the leader of" +"the Opposition are not mentioned in the Constitution of India, they" +"are mentioned in the Rules of the House and Parliamentary" +"Statute respectively. The office of ‘whip’, on the other hand, is" +"mentioned neither in the Constitution of India nor in the Rules of" +"the House nor in a Parliamentary Statute. It is based on the" +"conventions of the parliamentary government." +"Every political party, whether ruling or Opposition has its own" +"whip in the Parliament. He is appointed by the political party to" +"serve as an assistant floor leader. He is charged with the" +"responsibility of ensuring the attendance of his party members in" +"large numbers and securing their support in favour of or against a" +"particular issue. He regulates and monitors their behaviour in the" +"Parliament. The members are supposed to follow the directives" +"given by the whip. Otherwise, disciplinary action can be taken." +" SESSIONS OF PARLIAMENT" +"" +"Summoning" +"The president from time to time summons each House of" +"Parliament to meet. But, the maximum gap between two sessions" +"of Parliament cannot be more than six months. In other words, the" +"Parliament should meet at least twice ayear. There are usually" +"three sessions in a year, viz," +"1. the Budget Session (February to May);" +"2. the Monsoon Session (July to September); and" +"3. the Winter Session (November to December)." +"A ‘session’ of Parliament is the period spanning between the" +"first sitting of a House and its prorogation (or dissolution in the" +"case of the Lok Sabha). During a session, the House meets" +"everyday to transact business. The period spanning between the" +"prorogation of a House and its reassembly in a new session is" +"called ‘recess’." +"" +"Adjournment" +"A session of Parliament consists of many meetings. Each meeting" +"of a day consists of two sittings, that is, a morning sitting from 11" +"am to 1 pm and post-lunch sitting from 2 pm to 6 pm. A sitting of" +"Parliament can be terminated by adjournment or adjournment sine" +"die or prorogation or dissolution (in the case of the Lok Sabha)." +"An adjournment suspends the work in a sitting for a specified" +"time, which may be hours, days or weeks." +"" +"Adjournment Sine Die" +"Adjournment sine die means terminating a sitting of Parliament for" +"an indefinite period. In other words, when the House is adjourned" +"without naming a day for reassembly, it is called adjournment sine" +"die. The power of adjournment as well as adjournment sine die" +"lies with the presiding officer of the House. He can also call a" +"sitting of the House before the date or time to which it has been" +" adjourned or at any time after the House has been adjourned sine" +"die." +"" +"Prorogation" +"The presiding officer (Speaker or Chairman) declares the House" +"adjourned sine die, when the business of a session is completed." +"Within the next few days, the President issues a notification for" +"prorogation of the session. However, the President can also" +"prorogue the House while in session." +"The specific differences between adjournment and prorogation" +"are summarised in Table 22.1." +"" +"Dissolution" +"Rajya Sabha, being a permanent House, is not subject to" +"dissolution. Only the Lok Sabha is subject to dissolution. Unlike a" +"prorogation, a dissolution ends the very life of the existing House," +"and a new House is constituted after general elections are held." +"The dissolution of the Lok Sabha may take place in either of two" +"ways:" +"1. Automatic dissolution, that is, on the expiry of its tenure of" +"five years or the terms as extended during a national" +"emergency; or" +"2. Whenever the President decides to dissolve the House," +"which he is authorised to do. Once the Lok Sabha is" +"dissolved before the completion of its normal tenure, the" +"dissolution is irrevocable." +"When the Lok Sabha is dissolved, all business including bills," +"motions, resolutions, notices, petitions and so on pending before it" +"or its committees lapse. They (to be pursued further) must be" +"reintroduced in the newly-constituted Lok Sabha. However, some" +"pending bills and all pending assurances that are to be examined" +"by the Committee on Government Assurances do not lapse on the" +"dissolution of the Lok Sabha. The position with respect to lapsing" +"of bills is as follows:" +"1. A bill pending in the Lok Sabha lapses (whether originating" +"in the Lok Sabha or transmitted to it by the Rajya Sabha)." +" 2. A bill passed by the Lok Sabha but pending in the Rajya" +"Sabha lapses." +"3. A bill not passed by the two Houses due to disagreement" +"and if the president has notified the holding of a joint sitting" +"before the dissolution of Lok Sabha, does not lapse." +"4. A bill pending in the Rajya Sabha but not passed by the Lok" +"Sabha does not lapse." +"5. A bill passed by both Houses but pending assent of the" +"president does not lapse." +"6. A bill passed by both Houses but returned by the president" +"for reconsideration of Houses does not lapse." +"" +"Table 22.1 Adjournment vs Prorogation" +"Adjournment Prorogation" +"1. It only terminates a sitting 1. It not only terminates a" +"and not a session of the sitting but also a session of" +"House. the House." +"2. It is done by presiding 2. It is done by the president of" +"officer of the House. India." +"3. It does not affect the bills or 3. It also does not affect the" +"any other business pending bills or any other business" +"before the House and the pending before the House.13" +"same can be resumed when However, all pending" +"the House meets again. notices (other than those for" +"introducing bills) lapse on" +"prorogation and fresh" +"notices have to be given for" +"the next session. In Britain," +"prorogation brings to an end" +"all bills or any other" +"business pending before the" +"House." +"" +"Quorum" +"Quorum is the minimum number of members required to be" +"present in the House before it can transact any business. It is one-" +" tenth of the total number of members in each House including the" +"presiding officer. It means that there must be at least 55 members" +"present in the Lok Sabha and 25 members present in the Rajya" +"Sabha, if any business is to be conducted. If there is no quorum" +"during a meeting of the House, it is the duty of the presiding" +"officer either to adjourn the House or to suspend the meeting until" +"there is a quorum." +"" +"Voting in House" +"All matters at any sitting of either House or joint sitting of both the" +"Houses are decided by a majority of votes of the members" +"present and voting, excluding the presiding officer. Only a few" +"matters, which are specifically mentioned in the Constitution like" +"impeachment of the President, amendment of the Constitution," +"removal of the presiding officers of the Parliament and so on," +"require special majority, not ordinary majority." +"The presiding officer of a House does not vote in the first" +"instance, but exercises a casting vote in the case of an equality of" +"votes. The proceedings of a House are to be valid irrespective of" +"any unauthorised voting or participation or any vacancy in its" +"membership." +"The following points can be noted with respect to the voting" +"procedure in the Lok Sabha:" +"1. On the conclusion of a debate, the Speaker shall put the" +"question and invite those who are in favour of the motion to" +"say ‘Aye’ and those against the motion to say ‘No’." +"2. The Speaker shall then say: ‘I think the Ayes (or the Noes," +"as the case may be) have it.’ If the opinion of the Speaker as" +"to the decision of a question is not challenged, he shall say" +"twice: The Ayes (or the Noes, as the case may be) have it’" +"and the question before the House shall be determined" +"accordingly." +"3. (a) If the opinion of the Speaker as to the decision of a" +"question is challenged, he shall order that the Lobby be" +"cleared." +"(b) After the lapse of three minutes and thirty seconds, he" +"shall put the question a second time and declare" +"whether in his opinion the ‘Ayes’ or the ‘Noes’ have it." +" (c) If the opinion so declared is again challenged, he shall" +"direct that the votes be recorded either by operating the" +"automatic vote recorder or by using ‘Aye’ and ‘No’ Slips" +"in the House or by the Members going into the Lobbies." +"4. If in the opinion of the Speaker, the Division is unnecessarily" +"claimed, he may ask the members who are for ‘Aye’ and" +"those for ‘No’ respectively to rise in their places and, on a" +"count being taken, he may declare the determination of the" +"House. In such a case, the names of the voters shall not be" +"recorded." +"" +"Language in Parliament" +"The Constitution has declared Hindi and English to be the" +"languages for transacting business in the Parliament. However," +"the presiding officer can permit a member to address the House in" +"his mother-tongue. In both the Houses, arrangements are made" +"for simultaneous translation. Though English was to be" +"discontinued as a floor language after the expiration of fifteen" +"years from the commencement of the Constitution (that is, in" +"1965), the Official Languages Act (1963) allowed English to be" +"continued along with Hindi." +"" +"Rights of Ministers and Attorney General" +"In addition to the members of a House, every minister and the" +"attorney general of India have the right to speak and take part in" +"the proceedings of either House, any joint sitting of both the" +"Houses and any committee of Parliament of which he is a" +"member, without being entitled to vote. There are two reasons" +"underlying this constitutional provision:" +"1. A minister can participate in the proceedings of a House, of" +"which he is not a member. In other words, a minister" +"belonging to the Lok Sabha can participate in the" +"proceedings of the Rajya Sabha and vice-versa." +"2. A minister, who is not a member of either House, can" +"participate in the proceedings of both the Houses. It should" +"be noted here that a person can remain a minister for six" +" months, without being a member of either House of" +"Parliament." +"" +"Lame-duck Session" +"It refers to the last session of the existing Lok Sabha, after a new" +"Lok Sabha has been elected. Those members of the existing Lok" +"Sabha who could not get re-elected to the new Lok Sabha are" +"called lame-ducks." +" DEVICES OF PARLIAMENTARY PROCEEDINGS" +"" +"Question Hour" +"The first hour of every parliamentary sitting is slotted for this." +"During this time, the members ask questions and the ministers" +"usually give answers. The questions are of three kinds, namely," +"starred, unstarred and short notice." +"A starred question (distinguished by an asterisk) requires an" +"oral answer and hence supplementary questions can follow." +"An unstarred question, on the other hand, requires a written" +"answer and hence, supplementary questions cannot follow." +"A short notice question is one that is asked by giving a notice" +"of less than ten days. It is answered orally." +"In addition to the ministers, the questions can also be asked to" +"the private members. Thus, a question may be addressed to a" +"private member if the subject matter of the question relates to" +"some Bill, resolution or other matter connected with the business" +"of the House for which that member is responsible. The procedure" +"in regard to such question is the same as that followed in the case" +"of questions addressed to a minister." +"The list of starred, unstarred, short notice questions and" +"questions to private members are printed in green, white, light" +"pink and yellow colour, respectively, to distinguish them from one" +"another." +"" +"Zero Hour" +"Unlike the question hour, the zero hour is not mentioned in the" +"Rules of Procedure. Thus it is an informal device available to the" +"members of the Parliament to raise matters without any prior" +"notice. The zero hour starts immediately after the question hour" +"and lasts until the agenda for the day (ie, regular business of the" +"House) is taken up. In other words, the time gap between the" +"question hour and the agenda is known as zero hour. It is an" +"Indian innovation in the field of parliamentary procedures and has" +"been in existence since 1962." +" Motions" +"No discussion on a matter of general public importance can take" +"place except on a motion made with the consent of the presiding" +"officer. The House expresses its decisions or opinions on various" +"issues through the adoption or rejection of motions moved by" +"either ministers or private members." +"The motions moved by the members to raise discussions on" +"various matters fall into three principal categories:14" +"1. Substantive Motion: It is a self-contained independent" +"proposal dealing with a very important matter like" +"impeachment of the President or removal of Chief Election" +"Commissioner." +"2. Substitute Motion: It is a motion that is moved in substitution" +"of an original motion and proposes an alternative to it. If" +"adopted by the House, it supersedes the original motion." +"3. Subsidiary Motion: It is a motion that, by itself, has no" +"meaning and cannot state the decision of the House without" +"reference to the original motion or proceedings of the House." +"It is divided into three sub-categories:" +"(a) Ancillary Motion: It is used as the regular way of" +"proceeding with various kinds of business." +"(b) Superseding Motion: It is moved in the course of debate" +"on another issue and seeks to supersede that issue." +"(c) Amendment: It seeks to modify or substitute only a part" +"of the original motion." +"" +"Closure Motion" +"It is a motion moved by a member to cut short the debate on a" +"matter before the House. If the motion is approved by the House," +"debate is stopped forthwith and the matter is put to vote. There" +"are four kinds of closure motions15 :" +"(a) Simple Closure: It is one when a member moves that the" +"‘matter having been sufficiently discussed be now put to" +"vote’." +"(b) Closure by Compartments: In this case, the clauses of a bill" +"or a lengthy resolution are grouped into parts before the" +"commencement of the debate. The debate covers the part as" +"a whole and the entire part is put to vote." +" (c) Kangaroo Closure: Under this type, only important clauses" +"are taken up for debate and voting and the intervening" +"clauses are skipped over and taken as passed." +"(d) Guillotine Closure: It is one when the undiscussed clauses of" +"a bill or a resolution are also put to vote along with the" +"discussed ones due to want of time (as the time allotted for" +"the discussion is over)." +"" +"Privilege Motion" +"It is concerned with the breach of parliamentary privileges by a" +"minister. It is moved by a member when he feels that a minister" +"has committed a breach of privilege of the House or one or more" +"of its members by withholding facts of a case or by giving wrong" +"or distorted facts. Its purpose is to censure the concerned" +"minister." +"" +"Calling Attention Motion" +"It is introduced in the Parliament by a member to call the attention" +"of a minister to a matter of urgent public importance, and to seek" +"an authoritative statement from him on that matter. Like the zero" +"hour, it is also an Indian innovation in the parliamentary procedure" +"and has been in existence since 1954. However, unlike the zero" +"hour, it is mentioned in the Rules of Procedure." +"" +"Adjournment Motion" +"It is introduced in the Parliament to draw attention of the House to" +"a definite matter of urgent public importance, and needs the" +"support of 50 members to be admitted. As it interrupts the normal" +"business of the House, it is regarded as an extraordinary device. It" +"involves an element of censure against the government and" +"hence Rajya Sabha is not permitted to make use of this device." +"The discussion on an adjournment motion should last for not less" +"than two hours and thirty minutes." +"The right to move a motion for an adjournment of the business" +"of the House is subject to the following restrictions:" +"1. It should raise a matter which is definite, factual, urgent and" +"of public importance;" +"2. It should not cover more than one matter;" +" 3. It should be restricted to a specific matter of recent" +"occurrence and should not be framed in general terms;" +"4. It should not raise a question of privilege;" +"5. It should not revive discussion on a matter that has been" +"discussed in the same session;" +"6. It should not deal with any matter that is under adjudication" +"by court; and" +"7. It should not raise any question that can be raised on a" +"distinct motion." +"" +"No-Confidence Motion" +"Article 75 of the Constitution says that the council of ministers" +"shall be collectively responsible to the Lok Sabha. It means that" +"the ministry stays in office so long as it enjoys confidence of the" +"majority of the members of the Lok Sabha. In other words, the Lok" +"Sabha can remove the ministry from office by passing a no-" +"confidence motion. The motion needs the support of 50 members" +"to be admitted." +"" +"Confidence Motion" +"The motion of confidence has come up as a new procedural" +"device to cope with the emerging situations of fractured mandates" +"resulting in hung parliament, minority governments and coalition" +"governments. The governments formed with wafer-thin majority" +"have been called upon by the President to prove their majority on" +"the floor of the House. The government of the day, sometimes, on" +"its own, seeks to prove its majority by moving a motion of" +"confidence and winning the confidence of the House. If the" +"confidence motion is negatived, it results in the fall of the" +"government15a." +"" +"Censure Motion" +"A censure motion is different from a no-confidence motion as" +"shown in Table 22.2." +"" +"Motion of Thanks" +"The first session after each general election and the first session" +"of every fiscal year is addressed by the president. In this address," +"the president outlines the policies and programmes of the" +" government in the preceding year and ensuing year. This address" +"of the president, which corresponds to the ‘speech from the" +"Throne in Britain’, is discussed in both the Houses of Parliament" +"on a motion called the ‘Motion of Thanks’. At the end of the" +"discussion, the motion is put to vote. This motion must be passed" +"in the House. Otherwise, it amounts to the defeat of the" +"government. This inaugural speech of the president is an" +"occasion available to the members of Parliament to raise" +"discussions and debates to examine and criticise the government" +"and administration for its lapses and failures." +"" +"No-Day-Yet-Named Motion" +"It is a motion that has been admitted by the Speaker but no date" +"has been fixed for its discussion. The Speaker, after considering" +"the state of business in the House and in consultation with the" +"leader of the House or on the recommendation of the Business" +"Advisory Committee, allots a day or days or part of a day for the" +"discussion of such a motion." +"" +"Dilatory Motion" +"It is a motion for the adjournment of the debate on a bill / motion /" +"resolution etc. or a motion to retard or delay the progress of a" +"business under consideration of the House. It can be moved by a" +"member at any time after a motion has been made. The debate" +"on a dilatory motion must be restricted to the matter contained in" +"such motion. If the Speaker is of the opinion that such a motion is" +"an abuse of the rules of the House, he may either forthwith put the" +"question thereon or decline to propose the question." +"" +"Point of Order" +"A member can raise a point of order when the proceedings of the" +"House do not follow the normal rules of procedure. A point of" +"order should relate to the interpretation or enforcement of the" +"Rules of the House or such articles of the Constitution that" +"regulate the business of the House and should raise a question" +"that is within the cognizance of the Speaker. It is usually raised by" +"an opposition member in order to control the government. It is an" +" extraordinary device as it suspends the proceedings before the" +"House. No debate is allowed on a point of order." +"" +"Table 22.2 Censure Motion vs No Confidence Motion" +"Censure Motion No-Confidence Motion" +"1. It should state the reasons 1. It need not state the" +"for its adoption in the Lok reasons for its adoption in" +"Sabha. the Lok Sabha." +"2. It can be moved against an 2. It can be moved against the" +"individual minister or a entire council of ministers" +"group of ministers or the only." +"entire council of ministers." +"3. It is moved for censuring 3. It is moved for ascertaining" +"the council of ministers for the confidence of Lok" +"specific policies and Sabha in the council of" +"actions. ministers." +"4. If it is passed in the Lok 4. If it is passed in the Lok" +"Sabha, the council of Sabha, the council of" +"ministers need not resign ministers must resign from" +"from the office. office." +"" +"Half-an-Hour Discussion" +"It is meant for discussing a matter of sufficient public importance," +"which has been subjected to a lot of debate and the answer to" +"which needs elucidation on a matter of fact. The Speaker can allot" +"three days in a week for such discussions. There is no formal" +"motion or voting before the House." +"" +"Short Duration Discussion" +"It is also known as two-hour discussion as the time allotted for" +"such a discussion should not exceed two hours. The members of" +"the Parliament can raise such discussions on a matter of urgent" +"public importance. The Speaker can allot two days in a week for" +"such discussions. There is neither a formal motion before the" +"house nor voting. This device has been in existence since 1953." +" Special Mention" +"A matter which is not a point of order or which cannot be raised" +"during question hour, half-an hour discussion, short duration" +"discussion or under adjournment motion, calling attention notice" +"or under any rule of the House can be raised under the special" +"mention in the Rajya Sabha. Its equivalent procedural device in" +"the Lok Sabha is known as ‘Notice (Mention) Under Rule 377’." +"" +"Resolutions" +"The members can move resolutions to draw the attention of the" +"House or the government to matters of general public interest." +"The discussion on a resolution is strictly relevant to and within the" +"scope of the resolution. A member who has moved a resolution or" +"amendment to a resolution cannot withdraw the same except by" +"leave of the House." +"Resolutions are classified into three categories:16" +"1. Private Member’s Resolution: It is one that is moved by a" +"private member (other than a minister). It is discussed only" +"on alternate Fridays and in the afternoon sitting." +"2. Government Resolution: It is one that is moved by a" +"minister. It can be taken up any day from Monday to" +"Thursday." +"3. Statutory Resolution: It can be moved either by a private" +"member or a minister. It is so called because it is always" +"tabled in pursuance of a provision in the Constitution or an" +"Act of Parliament." +"Resolutions are different from motions in the following respects:" +"“All resolutions come in the category of substantive motions," +"that is to say, every resolution is a particular type of motion. All" +"motions need not necessarily be substantive. Further, all" +"motions are not necessarily put to vote of the House, whereas" +"all the resolutions are required to be voted upon.”17" +"" +"Youth Parliament" +"The scheme of Youth Parliament was started on the" +"recommendation of the Fourth All India Whips Conference. Its" +" objectives are:" +"1. to acquaint the younger generations with practices and" +"procedures of Parliament;" +"2. to imbibe the spirit of discipline and tolerance cultivating" +"character in the minds of youth; and" +"3. to inculcate in the student community the basic values of" +"democracy and to enable them to acquire a proper" +"perspective on the functioning of democratic institutions." +"The ministry of parliamentary affairs provides necessary" +"training and encouragement to the states in introducing the" +"scheme." +" LEGISLATIVE PROCEDURE IN PARLIAMENT" +"The legislative procedure is identical in both the Houses of" +"Parliament. Every bill has to pass through the same stages in" +"each House. A bill is a proposal for legislation and it becomes an" +"act or law when duly enacted." +"Bills introduced in the Parliament are of two kinds: public bills" +"and private bills (also known as government bills and private" +"members’ bills respectively). Though both are governed by the" +"same general procedure and pass through the same stages in the" +"House, they differ in various respects as shown in Table 22.3." +"The bills introduced in the Parliament can also be classified into" +"four categories:" +"1. Ordinary bills, which are concerned with any matter other" +"than financial subjects." +"2. Money bills, which are concerned with the financial matters" +"like taxation, public expenditure, etc." +"3. Financial bills, which are also concerned with financial" +"matters (but are different from money bills)." +"4. Constitution amendment bills, which are concerned with the" +"amendment of the provisions of the Constitution." +"The Constitution has laid down separate procedures for the" +"enactment of all the four types of bills. The procedures with regard" +"to ordinary bills, money bills and financial bills are explained here." +"The procedure with regard to Constitution amendment bills is" +"explained in detail in Chapter 10." +"" +"Ordinary Bills" +"Every ordinary bill has to pass through the following five stages in" +"the Parliament before it finds a place on the Statute Book:" +"" +"1. First Reading" +"An ordinary bill can be introduced in either House of Parliament." +"Such a bill can be introduced either by a minister or by any other" +"member. The member who wants to introduce the bill has to ask" +"for the leave of the House. When the House grants leave to" +"introduce the bill, the mover of the bill introduces it by reading its" +" title and objectives. No discussion on the bill takes place at this" +"stage. Later, the bill is published in the Gazette of India. If a bill is" +"published in the Gazette before its introduction, leave of the" +"House to introduce the bill is not necessary.18 The introduction of" +"the bill and its publication in the Gazette constitute the first" +"reading of the bill." +"" +"Table 22.3 Public Bill vs Private Bill" +"Public Bill Private Bill" +"1. It is introduced in the 1. It is introduced by any" +"Parliament by a minister. member of Parliament other" +"than a minister." +"2. It reflects of the policies of 2. It reflects the stand of" +"the government (ruling opposition party on public" +"party). matter." +"3. It has greater chance to be 3. It has lesser chance to be" +"approved by the Parliament. approved by the Parliament." +"4. Its rejection by the House 4. Its rejection by the House" +"amounts to the expression has no implication on the" +"of want of parliamentary parliamentary confidence in" +"confidence in the the government or its" +"government and may lead resignation." +"to its resignation." +"5. Its introduction in the House 5. Its introduction in the House" +"requires seven days’ notice. requires one month’s notice." +"6. It is drafted by the 6. Its drafting is the" +"concerned department in responsibility of the member" +"consultation with the law concerned." +"department." +"" +"2. Second Reading" +"During this stage, the bill receives not only the general but also" +"the detailed scrutiny and assumes its final shape. Hence, it forms" +"the most important stage in the enactment of a bill. In fact, this" +" stage involves three more sub-stages, namely, stage of general" +"discussion, committee stage and consideration stage." +"" +"(a) Stage of General Discussion" +"The printed copies of the bill are distributed to all the members." +"The principles of the bill and its provisions are discussed" +"generally, but the details of the bill are not discussed." +"At this stage, the House can take any one of the following four" +"actions:" +"(i) It may take the bill into consideration immediately or on" +"some other fixed date;" +"(ii) It may refer the bill to a select committee of the House;" +"(iii) It may refer the bill to a joint committee of the two Houses;" +"and" +"(iv) It may circulate the bill to elicit public opinion." +"A Select Committee consists of members of the House where" +"the bill has originated and a joint committee consists of members" +"of both the Houses of Parliament." +"" +"(b) Committee Stage" +"The usual practice is to refer the bill to a select committee of the" +"House. This committee examines the bill thoroughly and in detail," +"clause by clause. It can also amend its provisions, but without" +"altering the principles underlying it. After completing the scrutiny" +"and discussion, the committee reports the bill back to the House." +"" +"(c) Consideration Stage" +"The House, after receiving the bill from the select committee," +"considers the provisions of the bill clause by clause. Each clause" +"is discussed and voted upon separately. The members can also" +"move amendments and if accepted, they become part of the bill." +"" +"3. Third Reading" +"At this stage, the debate is confined to the acceptance or rejection" +"of the bill as a whole and no amendments are allowed, as the" +"general principles underlying the bill have already been" +"scrutinised during the stage of second reading. If the majority of" +"members present and voting accept the bill, the bill is regarded as" +"passed by the House. Thereafter, the bill is authenticated by the" +" presiding officer of the House and transmitted to the second" +"House for consideration and approval. A bill is deemed to have" +"been passed by the Parliament only when both the Houses have" +"agreed to it, either with or without amendments." +"" +"4. Bill in the Second House" +"In the second House also, the bill passes through all the three" +"stages, that is, first reading, second reading and third reading." +"There are four alternatives before this House:" +"(a) it may pass the bill as sent by the first house (ie, without" +"amendments);" +"(b) it may pass the bill with amendments and return it to the first" +"House for reconsideration;" +"(c) it may reject the bill altogether; and" +"(d) it may not take any action and thus keep the bill pending." +"If the second House passes the bill without any amendments or" +"the first House accepts the amendments suggested by the second" +"House, the bill is deemed to have been passed by both the" +"Houses and the same is sent to the president for his assent. On" +"the other hand, if the first House rejects the amendments" +"suggested by the second House or the second House rejects the" +"bill altogether or the second House does not take any action for" +"six months, a deadlock is deemed to have taken place. To resolve" +"such a deadlock, the president can summon a joint sitting of the" +"two Houses. If the majority of members present and voting in the" +"joint sitting approves the bill, the bill is deemed to have been" +"passed by both the Houses." +"" +"5. Assent of the President" +"Every bill after being passed by both Houses of Parliament either" +"singly or at a joint sitting, is presented to the president for his" +"assent. There are three alternatives before the president:" +"(a) he may give his assent to the bill; or" +"(b) he may withhold his assent to the bill; or" +"(c) he may return the bill for reconsideration of the Houses." +"If the president gives his assent to the bill, the bill becomes an" +"act and is placed on the Statute Book. If the President withholds" +"his assent to the bill, it ends and does not become an act. If the" +"President returns the bill for reconsideration and if it is passed by" +" both the Houses again with or without amendments and" +"presented to the President for his assent, the president must give" +"his assent to the bill. Thus, the President enjoys only a" +"“suspensive veto.”19" +"" +"Money Bills" +"Article 110 of the Constitution deals with the definition of money" +"bills. It states that a bill is deemed to be a money bill if it contains" +"‘only’ provisions dealing with all or any of the following matters:" +"1. The imposition, abolition, remission, alteration or regulation" +"of any tax;" +"2. The regulation of the borrowing of money by the Union" +"government;" +"3. The custody of the Consolidated Fund of India or the" +"contingency fund of India, the payment of moneys into or the" +"withdrawal of money from any such fund;" +"4. The appropriation of money out of the Consolidated Fund of" +"India;" +"5. Declaration of any expenditure charged on the Consolidated" +"Fund of India or increasing the amount of any such" +"expenditure;" +"6. The receipt of money on account of the Consolidated Fund" +"of India or the public account of India or the custody or issue" +"of such money, or the audit of the accounts of the Union or" +"of a state; or" +"7. Any matter incidental to any of the matters specified above." +"However, a bill is not to be deemed to be a money bill by" +"reason only that it provides for:" +"1. the imposition of fines or other pecuniary penalties, or" +"2. the demand or payment of fees for licenses or fees for" +"services rendered; or" +"3. the imposition, abolition, remission, alteration or regulation" +"of any tax by any local authority or body for local purposes." +"If any question arises whether a bill is a money bill or not, the" +"decision of the Speaker of the Lok Sabha is final. His decision in" +"this regard cannot be questioned in any court of law or in the" +"either House of Parliament or even the president. When a money" +"bill is transmitted to the Rajya Sabha for recommendation and" +" presented to the president for assent, the Speaker endorses it as" +"a money bill." +"The Constitution lays down a special procedure for the passing" +"of money bills in the Parliament. A money bill can only be" +"introduced in the Lok Sabha and that too on the recommendation" +"of the president. Every such bill is considered to be a government" +"bill and can be introduced only by a minister." +"After a money bill is passed by the Lok Sabha, it is transmitted" +"to the Rajya Sabha for its consideration. The Rajya Sabha has" +"restricted powers with regard to a money bill. It cannot reject or" +"amend a money bill. It can only make the recommendations. It" +"must return the bill to the Lok Sabha within 14 days, whether with" +"or without recommendations. The Lok Sabha can either accept or" +"reject all or any of the recommendations of the Rajya Sabha." +"If the Lok Sabha accepts any recommendation, the bill is then" +"deemed to have been passed by both the Houses in the modified" +"form. If the Lok Sabha does not accept any recommendation, the" +"bill is then deemed to have passed by both the Houses in the form" +"originally passed by the Lok Sabha without any change." +"If the Rajya Sabha does not return the bill to the Lok Sabha" +"within 14 days, the bill is deemed to have been passed by both" +"the Houses in the form originally passed by the Lok Sabha. Thus," +"the Lok Sabha has more powers than Rajya Sabha with regard to" +"a money bill. On the other hand, both the Houses have equal" +"powers with regard to an ordinary bill." +"Finally, when a money bill is presented to the president, he may" +"either give his assent to the bill or withhold his assent to the bill" +"but cannot return the bill for reconsideration of the Houses." +"Normally, the president gives his assent to a money bill as it is" +"introduced in the Parliament with his prior permission." +"Table 22.4 shows the differences between the procedures for" +"the enactment of ordinary bills and money bills." +"" +"Financial Bills" +"Financial bills are those bills that deal with fiscal matters, that is," +"revenue or expenditure. However, the Constitution uses the term" +"‘financial bill’ in a technical sense. Financial bills are of three" +"kinds:" +" 1. Money bills–Article 110" +"2. Financial bills (I)–Article 117 (1)" +"3. Financial bills (II)–Article 117 (3)" +"This classification implies that money bills are simply a species" +"of financial bills. Hence, all money bills are financial bills but all" +"financial bills are not money bills. Only those financial bills are" +"money bills which contain exclusively those matters which are" +"mentioned in Article 110 of the Constitution. These are also" +"certified by the Speaker of Lok Sabha as money bills. The" +"financial bills (I) and (II), on the other hand, have been dealt with" +"in Article 117 of the Constitution." +"" +"Table 22.4 Ordinary Bill vs Money Bill" +"Ordinary Bill Money Bill" +"1. It can be introduced either in 1. It can be introduced only in" +"the Lok Sabha or the Rajya the Lok Sabha and not in" +"Sabha. the Rajya Sabha." +"2. It can be introduced either 2. It can be introduced only by" +"by a minister or by a private a minister." +"member." +"3. It is introduced without the 3. It can be introduced only on" +"recommendation of the the recommendation of the" +"president. President." +"4. It can be amended or 4. It cannot be amended or" +"rejected by the Rajya rejected by the Rajya" +"Sabha. Sabha. The Rajya Sabha" +"should return the bill with or" +"without recommendations," +"which may be accepted or" +"rejected by the Lok Sabha." +"5. It can be detained by the 5. It can be detained by the" +"Rajya Sabha for a maximum Rajya Sabha for a maximum" +"period of six months. period of 14 days only." +"6. It does not require the 6. It requires the certification of" +"certification of the Speaker the Speaker when" +" when transmitted to the transmitted to the Rajya" +"Rajya Sabha (if it has Sabha." +"originated in the Lok" +"Sabha)." +"7. It is sent for the President’s 7. It is sent for the President’s" +"assent only after being assent even if it is approved" +"approved by both the by only Lok Sabha. There is" +"Houses. In case of a no chance of any" +"deadlock due to disagreement between the" +"disagreement between the two Houses and hence," +"two Houses, a joint sitting of there is no provision of joint" +"both the houses can be sitting of both the Houses in" +"summoned by the president this regard." +"to resolve the deadlock." +"8. Its defeat in the Lok Sabha 8. Its defeat in the Lok Sabha" +"may lead to the resignation leads to the resignation of" +"of the government (if it is the government." +"introduced by a minister)." +"9. It can be rejected, 9. It can be rejected or" +"approved, or returned for approved but cannot be" +"reconsideration by the returned for reconsideration" +"President. by the President." +"" +"Financial Bills (I)" +"A financial bill (I) is a bill that contains not only any or all the" +"matters mentioned in Article 110, but also other matters of general" +"legislation. For instance, a bill that contains a borrowing clause," +"but does not exclusively deal with borrowing. In two respects, a" +"financial bill (I) is similar to a money bill–(a) both of them can be" +"introduced only in the Lok Sabha and not in the Rajya Sabha, and" +"(b) both of them can be introduced only on the recommendation of" +"the president. In all other respects, a financial bill (I) is governed" +"by the same legislative procedure applicable to an ordinary bill." +"Hence, it can be either rejected or amended by the Rajya Sabha" +"(except that an amendment other than for reduction or abolition of" +"a tax cannot be moved in either House without the" +"recommendation of the president i.e., the recommendation of" +" president is not required for moving an amendment making" +"provision for the reduction or aboli-sition of a tax). In case of a" +"disagreement between the two Houses over such a bill, the" +"president can summon a joint sitting of the two Houses to resolve" +"the deadlock. When the bill is presented to the President, he can" +"either give his assent to the bill or withhold his assent to the bill or" +"return the bill for reconsideration of the Houses." +"" +"Financial Bills (II)" +"A financial bill (II) contains provisions involving expenditure from" +"the Consolidated Fund of India, but does not include any of the" +"matters mentioned in Article 110. It is treated as an ordinary bill" +"and in all respects, it is governed by the same legislative" +"procedure which is applicable to an ordinary bill. The only special" +"feature of this bill is that it cannot be passed by either House of" +"Parliament unless the President has recommended to that House" +"the consideration of the bill. Hence, financial bill (II) can be" +"introduced in either House of Parliament and recommendation of" +"the President is not necessary for its introduction. In other words," +"the recommendation of the President is not required at the" +"introduction stage but is required at the consideration stage. It can" +"be either rejected or amended by either House of Parliament. In" +"case of a disagreement between the two Houses over such a bill," +"the President can summon a joint sitting of the two Houses to" +"resolve the deadlock. When the bill is presented to the President," +"he can either give his assent to the bill or withhold his assent to" +"the bill or return the bill for reconsideration of the Houses." +" JOINT SITTING OF TWO HOUSES" +"Joint sitting is an extraordinary machinery provided by the" +"Constitution to resolve a deadlock between the two Houses over" +"the passage of a bill. A deadlock is deemed to have taken place" +"under any one of the following three situations after a bill has" +"been passed by one House and transmitted to the other House:" +"1. if the bill is rejected by the other House;" +"2. if the Houses have finally disagreed as to the amendments" +"to be made in the bill; or" +"3. if more than six months have elapsed from the date of the" +"receipt of the bill by the other House without the bill being" +"passed by it." +"In the above three situations, the president can summon both" +"the Houses to meet in a joint sitting for the purpose of deliberating" +"and voting on the bill. It must be noted here that the provision of" +"joint sitting is applicable to ordinary bills or financial bills only and" +"not to money bills or Constitutional amendment bills. In the case" +"of a money bill, the Lok Sabha has overriding powers, while a" +"Constitutional amendment bill must be passed by each House" +"separately." +"In reckoning the period of six months, no account can be taken" +"of any period during which the other House (to which the bill has" +"been sent) is prorogued or adjourned for more than four" +"consecutive days." +"If the bill (under dispute) has already lapsed due to the" +"dissolution of the Lok Sabha, no joint sitting can be summoned." +"But, the joint sitting can be held if the Lok Sabha is dissolved after" +"the President has notified his intention to summon such a sitting" +"(as the bill does not lapse in this case). After the President notifies" +"his intention to summon a joint sitting of the two Houses, none of" +"the Houses can proceed further with the bill." +"The Speaker of Lok Sabha presides over a joint sitting of the" +"two Houses and the Deputy Speaker, in his absence. If the" +"Deputy Speaker is also absent from a joint sitting, the Deputy" +"Chairman of Rajya Sabha presides. If he is also absent, such" +"other person as may be determined by the members present at" +" the joint sitting, presides over the meeting. It is clear that the" +"Chairman of Rajya Sabha does not preside over a joint sitting as" +"he is not a member of either House of Parliament." +"The quorum to constitute a joint sitting is one-tenth of the total" +"number of members of the two Houses. The joint sitting is" +"governed by the Rules of Procedure of Lok Sabha and not of" +"Rajya Sabha." +"If the bill in dispute is passed by a majority of the total number" +"of members of both the Houses present and voting in the joint" +"sitting, the bill is deemed to have been passed by both the" +"Houses. Normally, the Lok Sabha with greater number wins the" +"battle in a joint sitting." +"The Constitution has specified that at a joint sitting, new" +"amendments to the bill cannot be proposed except in two cases:" +"1. those amendments that have caused final disagreement" +"between the Houses; and" +"2. those amendments that might have become necessary due" +"to the delay in the passage of the bill." +"Since 1950, the provision regarding the joint sitting of the two" +"Houses has been invoked only thrice. The bills that have been" +"passed at joint sittings are:" +"1. Dowry Prohibition Bill, 1960.20" +"2. Banking Service Commission (Repeal)" +"Bill, 1977.21" +"3. Prevention of Terrorism Bill, 2002.22" +" BUDGET IN PARLIAMENT" +"The Constitution refers to the budget as the ‘annual financial" +"statement’. In other words, the term ‘budget’ has nowhere been" +"used in the Constitution. It is the popular name for the ‘annual" +"financial statement’ that has been dealt with in Article 112 of the" +"Constitution." +"The budget is a statement of the estimated receipts and" +"expenditure of the Government of India in a financial year, which" +"begins on 1 April and ends on 31 March of the following year." +"In addition to the estimates of receipts and expenditure, the" +"budget contains certain other elements. Overall, the budget" +"contains the following:" +"1. Estimates of revenue and capital receipts;" +"2. Ways and means to raise the revenue;" +"3. Estimates of expenditure;" +"4. Details of the actual receipts and expenditure of the closing" +"financial year and the reasons for any deficit or surplus in" +"that year; and" +"5. Economic and financial policy of the coming year, that is," +"taxation proposals, prospects of revenue, spending" +"programme and introduction of new schemes/projects." +"Till 2017, the Government of India had two budgets, namely," +"the Railway Budget and the General Budget. While the former" +"consisted of the estimates of receipts and expenditures of only the" +"Ministry of Railways, the latter consisted of the estimates of" +"receipts and expenditure of all the ministries of the Government of" +"India (except the railways)." +"The Railway Budget was separated from the General Budget in" +"1924 on the recommendations of the Acworth Committee Report" +"(1921). The reasons or objectives of this separation were as" +"follows:" +"1. To introduce flexibility in railway finance." +"2. To facilitate a business approach to the railway policy." +"3. To secure stability of the general revenues by providing an" +"assured annual contribution from railway revenues." +" 4. To enable the railways to keep their profits for their own" +"development (after paying a fixed annual contribution to the" +"general revenues)." +"In 2017, the Central Government merged the railway budget" +"into the general budget. Hence, there is now only one budget for" +"the Government of India i.e., Union Budget." +"" +"Constitutional Provisions" +"The Constitution of India contains the following provisions with" +"regard to the enactment of budget:" +"1. The President shall in respect of every financial year cause" +"to be laid before both the Houses of Parliament a statement" +"of estimated receipts and expenditure of the Government of" +"India for that year." +"2. No demand for a grant shall be made except on the" +"recommendation of the President." +"3. No money shall be withdrawn from the Consolidated Fund of" +"India except under appropriation made by law." +"4. No money bill imposing tax shall be introduced in the" +"Parliament except on the recommendation of the President," +"and such a bill shall not be introduced in the Rajya Sabha." +"5. No tax shall be levied or collected except by authority of law." +"6. Parliament can reduce or abolish a tax but cannot increase" +"it." +"7. The Constitution has also defined the relative roles or" +"position of both the Houses of Parliament with regard to the" +"enactment of the budget in the following way:" +"(a) A money bill or finance bill dealing with taxation cannot" +"be introduced in the Rajya Sabha–it must be introduced" +"only in the Lok Sabha." +"(b) The Rajya Sabha has no power to vote on the demand" +"for grants; it is the exclusive privilege of the Lok Sabha." +"(c) The Rajya Sabha should return the Money bill (or" +"Finance bill) to the Lok Sabha within fourteen days. The" +"Lok Sabha can either accept or reject the" +"recommendations made by Rajya Sabha in this regard." +"8. The estimates of expenditure embodied in the budget shall" +"show separately the expenditure charged on the" +" Consolidated Fund of India and the expenditure made from" +"the Consolidated Fund of India." +"9. The budget shall distinguish expenditure on revenue" +"account from other expenditure." +"10. The expenditure charged on the Consolidated Fund of India" +"shall not be submitted to the vote of Parliament. However, it" +"can be discussed by the Parliament." +"" +"Charged Expenditure" +"The budget consists of two types of expen-diture–the expenditure" +"‘charged’ upon the Consolidated Fund of India and the" +"expenditure ‘made’ from the Consolidated Fund of India. The" +"charged expenditure is non-votable by the Parliament, that is, it" +"can only be discussed by the Parliament, while the other type has" +"to be voted by the Parliament. The list of the charged expenditure" +"is as follows:" +"1. Emoluments and allowances of the President and other" +"expenditure relating to his office." +"2. Salaries and allowances of the Chairman and the Deputy" +"Chairman of the Rajya Sabha and the Speaker and the" +"Deputy Speaker of the Lok Sabha." +"3. Salaries, allowances and pensions of the judges of the" +"Supreme Court." +"4. Pensions of the judges of high courts." +"5. Salary, allowances and pension of the Comptroller and" +"Auditor General of India." +"6. Salaries, allowances and pension of the chairman and" +"members of the Union Public Service Commission." +"7. Administrative expenses of the Supreme Court, the office of" +"the Comptroller and Auditor General of India and the Union" +"Public Service Commission including the salaries," +"allowances and pensions of the persons serving in these" +"offices." +"8. The debt charges for which the Government of India is" +"liable, including interest, sinking fund charges and" +"redemption charges and other expenditure relating to the" +"raising of loans and the service and redemption of debt." +" 9. Any sum required to satisfy any judgement, decree or award" +"of any court or arbitral tribunal." +"10. Any other expenditure declared by the Parliament to be so" +"charged." +"" +"Stages in Enactment" +"The budget goes through the following six stages in the" +"Parliament:" +"1. Presentation of budget." +"2. General discussion." +"3. Scrutiny by departmental committees." +"4. Voting on demands for grants." +"5. Passing of appropriation bill." +"6. Passing of finance bill." +"" +"1. Presentation of Budget" +"Conventionally, the budget is presented to the Lok Sabha by the" +"finance minister on the last working day of February. Since 2017," +"the presentation of the budget has been advanced to 1st of" +"February." +"The Budget can also be presented to the House in two or more" +"parts and when such presentation takes place, each part shall be" +"dealt with as if it were the budget. Further, there shall be no" +"discussion of the budget on the day on which it is presented to the" +"House." +"The finance minister presents the budget with a speech known" +"as the ‘budget speech’. At the end of the speech in the Lok" +"Sabha, the budget is laid before the Rajya Sabha, which can only" +"discuss it and has no power to vote on the demands for grants." +"The budget documents presented to the Parliament comprise" +"of the following :" +"(i) Budget Speech" +"(ii) Annual Financial Statement" +"(iii) Demands for Grants" +"(iv) Appropriation Bill" +"(v) Finance Bill" +"(vi) Statements mandated under the FRBM Act:" +"(a) Macro-Economic Framework Statement" +" (b) Fiscal Policy Strategy Statement" +"(c) Medium Term Fiscal Policy Statement" +"(vii) Expenditure Budget" +"(viii) Receipts Budget" +"(ix) Expenditure Profile" +"(x) Memorandum Explaining the Provisions in the Finance Bill" +"(xi) Budget at a Glance" +"(xii) Outcome Budget" +"Earlier, the Economic Survey also used to be presented to the" +"Parliament along with the budget. Now, it is presented one day or" +"a few days before the presentation of the budget. This report is" +"prepared by the finance ministry and indicates the status of the" +"national economy." +"" +"2. General Discussion" +"The general discussion on budget begins a few days after its" +"presentation. It takes place in both the Houses of Parliament and" +"lasts usually for three to four days." +"During this stage, the Lok Sabha can discuss the budget as a" +"whole or on any question of principle involved therein but no cut" +"motion can be moved nor can the budget be submitted to the vote" +"of the House. The finance minister has a general right of reply at" +"the end of the discussion." +"" +"3. Scrutiny by Departmental Committees" +"After the general discussion on the budget is over, the Houses are" +"adjourned for about three to four weeks. During this gap period," +"the 24 departmental standing committees of Parliament examine" +"and discuss in detail the demands for grants of the concerned" +"ministers and prepare reports on them. These reports are" +"submitted to both the Houses of Parliament for consideration." +"The standing committee system established in 1993 (and" +"expanded in 2004) makes parliamentary financial control over" +"ministries much more detailed, close, in-depth and" +"comprehensive." +"" +"4. Voting on Demands for Grants" +"In the light of the reports of the departmental standing" +"committees, the Lok Sabha takes up voting of demands for" +" grants. The demands are presented ministrywise. A demand" +"becomes a grant after it has been duly voted." +"Two points should be noted in this context. One, the voting of" +"demands for grants is the exclusive privilege of the Lok Sabha," +"that is, the Rajya Sabha has no power of voting the demands." +"Second, the voting is confined to the votable part of the budget–" +"the expenditure charged on the Consolidated Fund of India is not" +"submitted to the vote (it can only be discussed)." +"Each demand is voted separately by the Lok Sabha. During this" +"stage, the members of Parliament can discuss the details of the" +"budget. They can also move motions to reduce any demand for" +"grant. Such motions are called as ‘cut motion’, which are of three" +"kinds:" +"" +"(a) Policy Cut Motion" +"It represents the disapproval of the policy underlying the demand." +"It states that the amount of the demand be reduced to Re 1. The" +"members can also advocate an alternative policy." +"" +"(b) Economy Cut Motion" +"It represents the economy that can be affected in the proposed" +"expenditure. It states that the amount of the demand be reduced" +"by a specified amount (which may be either a lumpsum reduction" +"in the demand or ommission or reduction of an item in the" +"demand)." +"" +"(c) Token Cut Motion" +"It ventilates a specific grievance that is within the sphere of" +"responsibility of the Government of India. It states that the amount" +"of the demand be reduced by ₹100." +"A cut motion, to be admissible, must satisfy the following" +"conditions:" +"(i) It should relate to one demand only." +"(ii) It should be clearly expressed and should not contain" +"arguments or defamatory statements." +"(iii) It should be confined to one specific matter." +"(iv) It should not make suggestions for the amendment or repeal" +"of existing laws." +"(v) It should not refer to a matter that is not primarily the" +" concern of Union government." +"(vi) It should not relate to the expenditure charged on the" +"Consolidated Fund of India." +"(vii) It should not relate to a matter that is under adjudication by a" +"court." +"(viii) It should not raise a question of privilege." +"(ix) It should not revive discussion on a matter on which a" +"decision has been taken in the same session." +"(x) It should not relate to a trivial matter." +"(xi) It should not reflect on the character or conduct of any" +"person whose conduct can only be challenged on a" +"substantive motion." +"(xii) It should not anticipate a matter which has been previously" +"appointed for consideration in the same session." +"(xiii) It should not seek to raise a discussion on a matter pending" +"before any statutory tribunal or statutory authority performing" +"judicial or quasi-judicial functions or any commission or court" +"of enquiry." +"The significance of a cut motion lies in: (a) facilitating the" +"initiation of concentrated discussion on a specific demand for" +"grant; and (b) upholding the principle of responsible government" +"by probing the activities of the government. However, the cut" +"motion do not have much utility in practice. They are only moved" +"and discussed in the House but not passed as the government" +"enjoys majority support. Their passage by the Lok Sabha amounts" +"to the expressions of want of parliamentary confidence in the" +"government and may lead to its resignation." +"On the last day of the days allotted for discussion and voting on" +"the demands for grants, the Speaker puts all the remaining" +"demands to vote and disposes them whether they have been" +"discussed by the members or not. This is known as ‘guillotine’." +"" +"5. Passing of Appropriation Bill" +"The Constitution states that ‘no money shall be withdrawn from" +"the Consolidated Fund of India except under appropriation made" +"by law’. Accordingly, an appropriation bill is introduced to provide" +"for the appropriation, out of the Consolidated Fund of India, all" +"money required to meet:" +" (a) The grants voted by the Lok Sabha." +"(b) The expenditure charged on the Consolidated Fund of India." +"No such amendment can be proposed to the appropriation bill" +"in either house of the Parliament that will have the effect of" +"varying the amount or altering the destination of any grant voted," +"or of varying the amount of any expenditure charged on the" +"Consolidated Fund of India." +"The Appropriation Bill becomes the Appropriation Act after it is" +"assented to by the President. This act authorises (or legalises) the" +"payments from the Consolidated Fund of India. This means that" +"the government cannot withdraw money from the Consolidated" +"Fund of India till the enactment of the appropriation bill. This takes" +"time and usually goes on till the end of April. But the government" +"needs money to carry on its normal activities after 31 March (the" +"end of the financial year). To overcome this functional difficulty, the" +"Constitution has authorised the Lok Sabha to make any grant in" +"advance in respect to the estimated expenditure for a part of the" +"financial year, pending the completion of the voting of the" +"demands for grants and the enactment of the appropriation bill." +"This provision is known as the ‘vote on account’. It is passed (or" +"granted) after the general discussion on budget is over. It is" +"generally granted for two months for an amount equivalent to one-" +"sixth of the total estimation." +"" +"6. Passing of Finance Bill" +"The Finance Bill is introduced to give effect to the financial" +"proposals of the Government of India for the following year. It is" +"subjected to all the conditions applicable to a Money Bill. Unlike" +"the Appropriation Bill, the amendments (seeking to reject or" +"reduce a tax) can be moved in the case of finance bill." +"According to the Provisional Collection of Taxes Act of 1931," +"the Finance Bill must be enacted (i.e., passed by the Parliament" +"and assented to by the president) within 75 days." +"The Finance Act legalises the income side of the budget and" +"completes the process of the enactment of the budget." +"" +"Other Grants" +" In addition to the budget that contains the ordinary estimates of" +"income and expenditure for one financial year, various other" +"grants are made by the Parliament under extraordinary or special" +"circumstances:" +"" +"Supplementary Grant" +"It is granted when the amount authorised by the Parliament" +"through the appropriation act for a particular service for the" +"current financial year is found to be insufficient for that year." +"" +"Additional Grant" +"It is granted when a need has arisen during the current financial" +"year for additional expenditure upon some new service not" +"contemplated in the budget for that year." +"" +"Excess Grant" +"It is granted when money has been spent on any service during a" +"financial year in excess of the amount granted for that service in" +"the budget for that year. It is voted by the Lok Sabha after the" +"financial year. Before the demands for excess grants are" +"submitted to the Lok Sabha for voting, they must be approved by" +"the Public Accounts Committee of Parliament." +"" +"Vote of Credit" +"It is granted for meeting an unexpected demand upon the" +"resources of India, when on account of the magnitude or the" +"indefinite character of the service, the demand cannot be stated" +"with the details ordinarily given in a budget. Hence, it is like a" +"blank cheque given to the Executive by the Lok Sabha." +"" +"Exceptional Grant" +"It is granted for a special purpose and forms no part of the current" +"service of any financial year." +"" +"Token Grant" +"It is granted when funds to meet the proposed expenditure on a" +"new service can be made available by reappropriation. A demand" +"for the grant of a token sum (of Re 1) is submitted to the vote of" +"the Lok Sabha and if assented, funds are made available." +" Reappropriation involves transfer of funds from one head to" +"another. It does not involve any additional expenditure." +"Supplementary, additional, excess and exceptional grants and" +"vote of credit are regulated by the same procedure which is" +"applicable in the case of a regular budget." +"" +"Funds" +"The Constitution of India provides for the following three kinds of" +"funds for the Central government:" +"1. Consolidated Fund of India (Article 266)" +"2. Public Account of India (Article 266)" +"3. Contingency Fund of India (Article 267)" +"" +"Consolidated Fund of India" +"It is a fund to which all receipts are credited and all payments are" +"debited. In other words, (a) all revenues received by the" +"Government of India; (b) all loans raised by the Government by" +"the issue of treasury bills, loans or ways and means of advances;" +"and (c) all money received by the government in repayment of" +"loans forms the Consolidated Fund of India. All the legally" +"authorised payments on behalf of the Government of India are" +"made out of this fund. No money out of this fund can be" +"appropriated (issued or drawn) except in accordance with a" +"parliamentary law." +"" +"Public Account of India" +"All other public money (other than those which are credited to the" +"Consolidated Fund of India) received by or on behalf of the" +"Government of India shall be credited to the Public Account of" +"India. This includes provident fund deposits, judicial deposits," +"savings bank deposits, departmental deposits, remittances and so" +"on. This account is operated by executive action, that is, the" +"payments from this account can by made without parliamentary" +"appropriation. Such payments are mostly in the nature of banking" +"transactions." +"" +"Contingency Fund of India" +" The Constitution authorised the Parliament to establish a" +"‘Contingency Fund of India’, into which amounts determined by" +"law are paid from time to time. Accordingly, the Parliament" +"enacted the contingency fund of India Act in 1950. This fund is" +"placed at the disposal of the president, and he can make" +"advances out of it to meet unforeseen expenditure pending its" +"authorisation by the Parliament. The fund is held by the finance" +"secretary on behalf of the president. Like the public account of" +"India, it is also operated by executive action." +" MULTIFUNCTIONAL ROLE OF PARLIAMENT" +"In the ‘Indian politico-administrative system’, the Parliament" +"occupies a central position and has a multifunctional role. It enjoys" +"extensive powers and performs a variety of functions towards the" +"fulfilment of its constitutionally expected role. Its powers and" +"functions can be classified under the following heads:" +"1. Legislative Powers and Functions" +"2. Executive Powers and Functions" +"3. Financial Powers and Functions" +"4. Constituent Powers and Functions" +"5. Judicial Powers and Functions" +"6. Electoral Powers and Functions" +"7. Other powers and functions." +"" +"1. Legislative Powers and Functions" +"The primary function of Parliament is to make laws for the" +"governance of the country. It has exclusive power to make laws on" +"the subjects enumerated in the Union List (which at present has" +"98 subjects, originally 97 subjects) and on the residuary subjects" +"(that is, subjects not enumerated in any of the three lists). With" +"regard to Concurrent List (which has at present 52 subjects," +"originally 47 subjects), the Parliament has overriding powers, that" +"is, the law of Parliament prevails over the law of the state" +"legislature in case of a conflict between the two." +"The Constitution also empowers the Parliament to make laws" +"on the subjects enumerated in the State List (which at present has" +"59 subjects, originally 66 subjects) under the following five" +"abnormal circumstances:" +"(a) when Rajya Sabha passes a resolution to that effect." +"(b) when a proclamation of National Emergency is in operation." +"(c) when two or more states make a joint request to the" +"Parliament." +"(d) when necessary to give effect to international agreements," +"treaties and conventions." +"(e) when President’s Rule is in operation in the state." +" All the ordinances issued by the president (during the recess of" +"the Parliament) must be approved by the Parliament within six" +"weeks after its reassembly. An ordinance becomes inoperative if it" +"is not approved by the parliament within that period." +"The Parliament makes laws in a skeleton form and authorises" +"the Executive to make detailed rules and regulations within the" +"framework of the parent law. This is known as delegated" +"legislation or executive legislation or subordinate legislation. Such" +"rules and regulations are placed before the Parliament for its" +"examination." +"" +"2. Executive Powers and Functions" +"The Constitution of India established a parliamentary form of" +"government in which the Executive is responsible to the" +"Parliament for its policies and acts. Hence, the Parliament" +"exercises control over the Executive through question-hour, zero" +"hour, half-an-hour discussion, short duration discussion, calling" +"attention motion, adjournment motion, no-confidence motion," +"censure motion and other discussions. It also supervises the" +"activities of the Executive with the help of its committees like" +"committee on government assurance, committee on subordinate" +"legislation, committee on petitions, etc." +"The ministers are collectively responsible to the Parliament in" +"general and to the Lok Sabha in particular. As a part of collective" +"responsibility, there is individual responsibility, that is, each" +"minister is individually responsible for the efficient administration" +"of the ministry under his charge. This means that they continue in" +"office so long as they enjoy the confidence of the majority" +"members in the Lok Sabha. In other words, the council of" +"ministers can be removed from office by the Lok Sabha by" +"passing a noconfidence motion. The Lok Sabha can also express" +"lack of confidence in the government in the following ways:" +"(a) By not passing a motion of thanks on the President’s" +"inaugural address." +"(b) By rejecting a money bill." +"(c) By passing a censure motion or an adjournment motion." +"(d) By defeating the government on a vital issue." +"(e) By passing a cut motion." +" Therefore, “the first function of Parliament can be said to be to" +"select the group which is to form the government, support and" +"sustain it in power so long as it enjoys its confidence, and to expel" +"it when it ceases to do so, and leave it to the people to decide at" +"the next general election.”23" +"" +"3. Financial Powers and Functions" +"No tax can be levied or collected and no expenditure can be" +"incurred by the Executive except under the authority and with the" +"approval of Parliament. Hence, the budget is placed before the" +"Parliament for its approval. The enactment of the budget by the" +"Parliament legalises the receipts and expenditure of the" +"government for the ensuing financial year." +"The Parliament also scrutinises government spending and" +"financial performance with the help of its financial committees." +"These include public accounts committee, estimates committee" +"and committee on public undertakings. They bring out the cases" +"of illegal, irregular, unauthorised, improper usage and wastage" +"and extravagance in public expenditure." +"Therefore, the parliamentary control over the Executive in" +"financial matters operates in two stages:" +"(a) budgetary control, that is, control before the appropriation of" +"grants through the enactment of the budget; and" +"(b) post-budgetary control, that is, control after the appropriation" +"of grants through the three financial committees." +"The budget is based on the principle of annuity, that is, the" +"Parliament grants money to the government for one financial year." +"If the granted money is not spent by the end of the financial year," +"then the balance expires and returns to the Consolidated Fund of" +"India. This practice is known as the ‘rule of lapse’. It facilitates" +"effective financial control by the Parliament as no reserve funds" +"can be built without its authorisation. However, the observance of" +"this rule leads to heavy rush of expenditure towards the close of" +"the financial year. This is popularly called as ‘March Rush’." +"" +"4. Constituent Powers and Functions" +" The Parliament is vested with the powers to amend the" +"Constitution by way of addition, variation or repeal of any" +"provision. The major part of the Constitution can be amended by" +"the Parliament with special majority, that is, a majority of the total" +"membership of each House and a majority of not less than two-" +"thirds of the members present and voting in each House. Some" +"other provisions of the Constitution can be amended by the" +"Parliament with simple majority, that is, a majority of the members" +"present and voting in each House of Parliament. Only a few" +"provisions of the Constitution can be amended by the Parliament" +"(by special majority) and with the consent of at least half of the" +"state Legislatures (by simple majority). However, the power to" +"initiate the process of the amendment of the Constitution (in all the" +"three cases) lies exclusively in the hands of the Parliament and" +"not the state legislature. There is only one exception, that is, the" +"state legislature can pass a resolution requesting the Parliament" +"for the creation or abolition of the legislative council in the state." +"Based on the resolution, the Parliament makes an act for" +"amending the Constitution to that effect. To sum up, the" +"Parliament can amend the Constitution in three ways:" +"(a) By simple majority;" +"(b) By special majority; and" +"(c) By special majority but with the consent of half of all the state" +"legislatures." +"The constituent power of the Parliament is not unlimited; it is" +"subject to the ‘basic structure’ of the Constitution. In others words," +"the Parliament can amend any provision of the Constitution" +"except the ‘basic features’ of the Constitution. This was ruled by" +"the Supreme Court in the Kesavananda Bharati case (1973) and" +"reaffirmed in the Minerva Mills case (1980)24 ." +"" +"5. Judicial Powers and Functions" +"The judicial powers and functions of the Parliament include the" +"following:" +"(a) It can impeach the President for the violation of the" +"Constitution." +"(b) It can remove the Vice-President from his office." +" (c) It can recommend the removal of judges (including chief" +"justice) of the Supreme Court and the high courts, chief" +"election commissioner, comptroller and auditor general to the" +"president." +"(d) It can punish its members or outsiders for the breach of its" +"privileges or its contempt." +"" +"6. Electoral Powers and Functions" +"The Parliament participates in the election of the President (along" +"with the state legislative assemblies) and elects the Vice-" +"President. The Lok Sabha elects its Speaker and Deputy Speaker," +"while the Rajya Sabha elects its Deputy Chairman." +"The Parliament is also authorised to make laws to regulate the" +"elections to the offices of President and Vice-President, to both" +"the Houses of Parliament and to both the Houses of state" +"legislature. Accordingly, Parliament enacted the Presidential and" +"Vice-Presidential Election Act (1952), the Representation of" +"People Act (1950), the Representation of People Act (1951), etc." +"" +"7. Other Powers and Functions" +"The various other powers and functions of the Parliament include:" +"(a) It serves as the highest deliberative body in the country. It" +"discusses various issues of national and international" +"significance." +"(b) It approves all the three types of emergencies (national, state" +"and financial) proclaimed by the President." +"(c) It can create or abolish the state legislative councils on the" +"recommendation of the concerned state legislative" +"assemblies." +"(d) It can increase or decrease the area, alter the boundaries" +"and change the names of states of the Indian Union." +"(e) It can regulate the organisation and jurisdiction of the" +"Supreme Court and high courts and can establish a common" +"high court for two or more states." +" INEFFECTIVENESS OF PARLIAMENTARY CONTROL" +"The parliamentary control over government and administration in" +"India is more theoretical than practical. In reality, the control is not" +"as effective as it ought to be. The following factors are responsible" +"for this:" +"(a) The Parliament has neither time nor expertise to control the" +"administration which has grown in volume as well as" +"complexity." +"(b) Parliament’s financial control is hindered by the technical" +"nature of the demands for grants. The parliamentarians being" +"laymen cannot understand them properly and fully." +"(c) The legislative leadership lies with the Executive and it plays" +"a significant role in formulating policies." +"(d) The very size of the Parliament is too large and" +"unmanagable to be effective." +"(e) The majority support enjoyed by the Executive in the" +"Parliament reduces the possibility of effective criticism." +"(f) The financial committees like Public Accounts Committee" +"examines the public expenditure after it has been incurred by" +"the Executive. Thus, they do post mortem work." +"(g) The increased recourse to ‘guillotine’ reduced the scope of" +"financial control." +"(h) The growth of ‘delegated legislation’ has reduced the role of" +"Parliament in making detailed laws and has increased the" +"powers of bureaucracy." +"(i) The frequent promulgation of ordinances by the president" +"dilutes the Parliament’s power of legislation." +"(j) The Parliament’s control is sporadic, general and mostly" +"political in nature." +"(k) Lack of strong and steady opposition in the Parliament, and a" +"setback in the parliamentary behaviour and ethics, have also" +"contributed to the ineffectiveness of legislative control over" +"administration in India." +" POSITION OF RAJYA SABHA" +"The Constitutional position of the Rajya Sabha (as compared with" +"the Lok Sabha) can be studied from three angles:" +"1. Where Rajya Sabha is equal to Lok Sabha." +"2. Where Rajya Sabha is unequal to Lok Sabha." +"3. Where Rajya Sabha has special powers that are not at all" +"shared with the Lok Sabha." +"" +"Equal Status with Lok Sabha" +"In the following matters, the powers and status of the Rajya" +"Sabha are equal to that of the Lok Sabha:" +"1. Introduction and passage of ordinary bills." +"2. Introduction and passage of Constitutional amendment bills." +"3. Introduction and passage of financial bills involving" +"expenditure from the Consolidated Fund of India." +"4. Election and impeachment of the president." +"5. Election and removal of the Vice-President. However, Rajya" +"Sabha alone can initiate the removal of the vice-president." +"He is removed by a resolution passed by the Rajya Sabha" +"by an effective majority (which is a type of special majority)" +"and agreed to by the Lok Sabha by a simple majority." +"6. Making recommendation to the President for the removal of" +"Chief Justice and judges of Supreme Court and high courts," +"chief election commissioner and comptroller and auditor" +"general." +"7. Approval of ordinances issued by the President." +"8. Approval of proclamation of all three types of emergencies" +"by the President." +"9. Selection of ministers including the Prime Minister. Under" +"the Constitution, the ministers including the Prime Minister" +"can be members of either House. However, irrespective of" +"their membership, they are responsible only to the Lok" +"Sabha." +"10. Consideration of the reports of the constitutional bodies like" +"Finance Commission, Union Public Service Commission," +"comptroller and auditor general, etc." +" 11. Enlargement of the jurisdiction of the Supreme Court and" +"the Union Public Service Commission." +"" +"Unequal Status with Lok Sabha" +"In the following matters, the powers and status of the Rajya" +"Sabha are unequal to that of the Lok Sabha:" +"1. A Money Bill can be introduced only in the Lok Sabha and" +"not in the Rajya Sabha." +"2. Rajya Sabha cannot amend or reject a Money Bill. It should" +"return the bill to the Lok Sabha within 14 days, either with" +"recommendations or without recommendations." +"3. The Lok Sabha can either accept or reject all or any of the" +"recommendations of the Rajya Sabha. In both the cases, the" +"money bill is deemed to have been passed by the two" +"Houses." +"4. A financial bill, not containing solely the matters of Article" +"110, also can be introduced only in the Lok Sabha and not in" +"the Rajya Sabha. But, with regard to its passage, both the" +"Houses have equal powers." +"5. The final power to decide whether a particular bill is a Money" +"Bill or not is vested in the Speaker of the Lok Sabha." +"6. The Speaker of Lok Sabha presides over the joint sitting of" +"both the Houses." +"7. The Lok Sabha with greater number wins the battle in a joint" +"sitting except when the combined strength of the ruling party" +"in both the Houses is less than that of the opposition parties." +"8. Rajya Sabha can only discuss the budget but cannot vote" +"on the demands for grants (which is the exclusive privilege" +"of the Lok Sabha)." +"9. A resolution for the discontinuance of the national" +"emergency can be passed only by the Lok Sabha and not by" +"the Rajya Sabha." +"10. The Rajya Sabha cannot remove the council of ministers by" +"passing a no-confidence motion. This is because the Council" +"of ministers is collectively responsible only to the Lok Sabha." +"But, the Rajya Sabha can discuss and criticise the policies" +"and activities of the government." +" Special Powers of Rajya Sabha" +"The Rajya Sabha has been given four exclusive or special powers" +"that are not enjoyed by the Lok Sabha:" +"1. It can authorise the Parliament to make a law on a subject" +"enumerated in the State List (Article 249)." +"2. It can authorise the Parliament to create new All-India" +"Services common to both the Centre and states (Article" +"312)." +"3. It alone can initiate a move for the removal of the vice-" +"president. In other words, a resolution for the removal of the" +"vice-president can be introduced only in the Rajya Sabha" +"and not in the Lok Sabha (Article 67)." +"4. If a proclamation is issued by the President for imposing" +"national emergency or president’s rule or financial" +"emergency at a time when the Lok Sabha has been" +"dissolved or the dissolution of the Lok Sabha takes place" +"within the period allowed for its approval, then the" +"proclamation can remain effective even if it is approved by" +"the Rajya Sabha alone (Articles 352, 356 and 360)." +"An analysis of the above points makes it clear that the position" +"of the Rajya Sabha in our constitutional system is not as weak as" +"that of the House of Lords in the British constitutional system nor" +"as strong as that of the Senate in the American constitutional" +"system. Except in financial matters and control over the council of" +"ministers, the powers and status of the Rajya Sabha in all other" +"spheres are broadly equal and coordinate with that of the Lok" +"Sabha." +"Even though the Rajya Sabha has been given less powers as" +"compared with the Lok Sabha, its utility is supported on the" +"following grounds:" +"1. It checks hasty, defective, careless and ill-considered" +"legislation made by the Lok Sabha by making provision of" +"revision and thought." +"2. It facilitates giving representation to eminent professionals" +"and experts who cannot face the direct election. The" +"President nominates 12 such persons to the Rajya Sabha." +"3. It maintains the federal equilibrium by protecting the" +"interests of the states against the undue interference of the" +" Centre." +" PARLIAMENTARY PRIVILEGES" +"" +"Meaning" +"Parliamentary privileges are special rights, immunities and" +"exemptions enjoyed by the two Houses of Parliament, their" +"committees and their members. They are necessary in order to" +"secure the independence and effectiveness of their actions." +"Without these privileges, the Houses can neither maintain their" +"authority, dignity and honour nor can protect their members from" +"any obstruction in the discharge of their parliamentary" +"responsibilities." +"The Constitution has also extended the parliamentary privileges" +"to those persons who are entitled to speak and take part in the" +"proceedings of a House of Parliament or any of its committees." +"These include the attorney general of India and Union ministers." +"It must be clarified here that the parliamentary privileges do not" +"extend to the president who is also an integral part of the" +"Parliament." +"" +"Classification" +"Parliamentary privileges can be classified into two broad" +"categories:" +"1. those that are enjoyed by each House of Parliament" +"collectively, and" +"2. those that are enjoyed by the members individually." +"" +"Collective Privileges" +"The privileges belonging to each House of Parliament collectively" +"are:" +"1. It has the right to publish its reports, debates and" +"proceedings and also the right to prohibit others from" +"publishing the same. The 44th Amendment Act of 1978" +"restored the freedom of the press to publish true reports of" +"parliamentary proceedings without prior permission of the" +"House. But this is not applicable in the case of a secret" +"sitting of the House." +" 2. It can exclude strangers from its proceedings and hold" +"secret sittings to discuss some important matters." +"3. It can make rules to regulate its own procedure and the" +"conduct of its business and to adjudicate upon such matters." +"4. It can punish members as well as outsiders for breach of its" +"privileges or its contempt by reprimand, admonition or" +"imprisonment (also suspension or expulsion, in case of" +"members).25" +"5. It has the right to receive immediate information of the" +"arrest, detention, conviction, imprisonment and release of a" +"member." +"6. It can institute inquiries and order the attendance of" +"witnesses and send for relevant papers and records." +"7. The courts are prohibited to inquire into the proceedings of a" +"House or its committees." +"8. No person (either a member or outsider) can be arrested," +"and no legal process (civil or criminal) can be served within" +"the precincts of the House without the permission of the" +"presiding officer." +"" +"Individual Privileges" +"The privileges belonging to the members individually are:" +"1. They cannot be arrested during the session of Parliament" +"and 40 days before the beginning and 40 days after the end" +"of a session. This privilege is available only in civil cases" +"and not in criminal cases or preventive detention cases." +"2. They have freedom of speech in Parliament. No member is" +"liable to any proceedings in any court for anything said or" +"any vote given by him in Parliament or its committees. This" +"freedom is subject to the provisions of the Constitution and" +"to the rules and standing orders regulating the procedure of" +"Parliament.26" +"3. They are exempted from jury service. They can refuse to" +"give evidence and appear as a witness in a case pending in" +"a court when Parliament is in session." +"" +"Breach of Privilege and Contempt of the House" +" “When any individual or authority disregards or attacks any of" +"the privileges, rights and immunities, either of the member" +"individually or of the House in its collective capacity, the offence" +"is termed as breach of privilege and is punishable by the" +"House.”27" +"Any act or omission which obstructs a House of Parliament, its" +"member or its officer in the performance of their functions or which" +"has a tendency, directly or indirectly to produce results against the" +"dignity, authority and honour of the House is treated as a" +"contempt of the House.28" +"Though the two phrases, ‘breach of privilege’ and ��contempt of" +"the House’ are used interchangeably, they have different" +"implications. ‘Normally, a breach of privilege may amount to" +"contempt of the House. Likewise, contempt of the House may" +"include a breach of privilege also. Contempt of the House," +"however, has wider implications. There may be a contempt of the" +"House without specifically committing a breach of privilege’.29" +"Similarly, ‘actions which are not breaches of any specific privilege" +"but are offences against the dignity and authority of the House" +"amount to contempt of the House’.30 For example, disobedience" +"to a legitimate order of the House is not a breach of privilege, but" +"can be punished as contempt of the House." +"" +"Sources of Privileges" +"Originally, the Constitution (Article 105) expressedly mentioned" +"two privileges, that is, freedom of speech in Parliament and right" +"of publication of its proceedings. With regard to other privileges, it" +"provided that they were to be the same as those of the British" +"House of Commons, its committees and its members on the date" +"of its commencement (ie, 26 January, 1950), until defined by" +"Parliament. The 44th Amendment Act of 1978 provided that the" +"other privileges of each House of Parliament, its committees and" +"its members are to be those which they had on the date of its" +"commencement (ie, 20 June, 1979), until defined by Parliament." +"This means that the position with regard to other privileges" +"remains same. In other words, the amendment has made only" +"verbal changes by dropping a direct reference to the British House" +" of Commons, without making any change in the implication of the" +"provision.31" +"It should be noted here that the Parliament, till now, has not" +"made any special law to exhaustively codify all the privileges." +"They are based on five sources, namely," +"1. Constitutional provisions," +"2. Various laws made by Parliament," +"3. Rules of both the Houses," +"4. Parliamentary conventions, and" +"5. Judicial interpretations." +" SOVEREIGNTY OF PARLIAMENT" +"The doctrine of ‘sovereignty of Parliament’ is associated with the" +"British Parliament. Sovereignty means the supreme power within" +"the State. That supreme power in Great Britain lies with the" +"Parliament. There are no ‘legal’ restrictions on its authority and" +"jurisdiction." +"Therefore, the sovereignty of Parliament (parliamentary" +"supremacy) is a cardinal feature of the British constitutional" +"system. According to AV Dicey, the British jurist, this principle has" +"three implications:32" +"1. The Parliament can make, amend, substitute or repeal any" +"law. De Lolme, a British political analyst, said, ‘The British" +"Parliament can do every thing except make a woman a man" +"and a man a woman’." +"2. The Parliament can make constitutional laws by the same" +"procedure as ordinary laws. In other words, there is no legal" +"distinction between the constituent authority and the" +"legislative authority of the British Parliament." +"3. The Parliamentary laws cannot be declared invalid by the" +"Judiciary as being unconstitutional. In other words, there is" +"no system of judicial review in Britain." +"The Indian Parliament, on the other hand, cannot be regarded" +"as a sovereign body in the similar sense as there are ‘legal’" +"restrictions on its authority and jurisdiction. The factors that limit" +"the sovereignty of Indian Parliament are:" +"" +"1. Written Nature of the Constitution" +"The Constitution is the fundamental law of the land in our country." +"It has defined the authority and jurisdiction of all the three organs" +"of the Union government and the nature of interrelationship" +"between them. Hence, the Parliament has to operate within the" +"limits prescribed by the Constitution. There is also a legal" +"distinction between the legislative authority and the constituent" +"authority of the Parliament. Moreover, to effect certain" +"amendments to the Constitution, the ratification of half of the" +" states is also required. In Britain, on the other hand, the" +"Constitution is neither written nor there is anything like a" +"fundamental law of the land." +"" +"2. Federal System of Government" +"India has a federal system of government with a constitutional" +"division of powers between the Union and the states. Both have to" +"operate within the spheres allotted to them. Hence, the law-" +"making authority of the Parliament gets confined to the subjects" +"enumerated in the Union List and Concurrent List and does not" +"extend to the subjects enumerated in the State List (except in five" +"abnormal circumstances and that too for a short period). Britain," +"on the other hand, has a unitary system of government and" +"hence, all the powers are vested in the Centre." +"" +"3. System of Judicial Review" +"The adoption of an independent Judiciary with the power of" +"judicial review also restricts the supremacy of our Parliament." +"Both the Supreme Court and high courts can declare the laws" +"enacted by the Parliament as void and ultra vires" +"(unconstitutional), if they contravene any provision of the" +"Constitution. On the other hand, there is no system of judicial" +"review in Britain. The British Courts have to apply the" +"Parliamentary laws to specific cases, without examining their" +"constitutionality, legality or reasonableness." +"" +"4. Fundamental Rights" +"The authority of the Parliament is also restricted by the" +"incorporation of a code of justiciable fundamental rights under" +"Part III of the Constitution. Article 13 prohibits the State from" +"making a law that either takes away totally or abrogates in part a" +"fundamental right. Hence, a Parliamentary law that contravenes" +"the fundamental rights shall be void. In Britain, on the other hand," +"there is no codification of justiciable fundamental rights in the" +"Constitution. The British Parliament has also not made any law" +"that lays down the fundamental rights of the citizens. However, it" +" does not mean that the British citizens do not have rights. Though" +"there is no charter guaranteeing rights, there is maximum liberty in" +"Britain due to the existence of the Rule of Law." +"Therefore, even though the nomenclature and organisational" +"pattern of our Parliament is similar to that of the British" +"Parliament, there is a substantial difference between the two. The" +"Indian Parliament is not a sovereign body in the sense in which" +"the British Parliament is a sovereign body. Unlike the British" +"Parliament, the authority and jurisdiction of the Indian Parliament" +"are defined, limited and restrained." +"In this regard, the Indian Parliament is similar to the American" +"Legislature (known as Congress). In USA also, the sovereignty of" +"Congress is legally restricted by the written character of the" +"Constitution, the federal system of government, the system of" +"judicial review and the Bill of Rights." +"" +"Table 22.5 Allocation of Seats in Parliament for States and Union" +"Territories (2019)" +"S.No. States/UTs No. of Seats No. of" +"in Rajya Seats in" +"Sabha Lok" +"Sabha" +"I. States" +"1. Andhra Pradesh 11 25" +"2. Arunachal Pradesh 1 2" +"3. Assam 7 14" +"4. Bihar 16 40" +"5. Chhattisgarh 5 11" +"6. Goa 1 2" +"7. Gujarat 11 26" +"8. Haryana 5 10" +"9. Himachal Pradesh 3 4" +"10. Jharkhand 6 14" +" 11. Karnataka 12 28" +"12. Kerala 9 20" +"13. Madhya Pradesh 11 29" +"14. Maharashtra 19 48" +"15. Manipur 1 2" +"16. Meghalaya 1 2" +"17. Mizoram 1 1" +"18. Nagaland 1 1" +"19. Odisha 10 21" +"20. Punjab 7 13" +"21. Rajasthan 10 25" +"22. Sikkim 1 1" +"23. Tamil Nadu 18 39" +"24. Telangana 7 17" +"25. Tripura 1 2" +"26. Uttarakhand 3 5" +"27. Uttar Pradesh 31 80" +"28. West Bengal 16 42" +"II. Union Territories" +"1. Andaman and Nicobar – 1" +"Islands" +"2. Chandigarh – 1" +"3. Dadra and Nagar Haveli – 1" +"4. Daman and Diu – 1" +"5. Delhi (The National 3 7" +"Capital Territory of Delhi)" +"6. Lakshadweep – 1" +"7. Puducherry 1 1" +"8. Jammu and Kashmir 4 5" +" 9 Ladakh – 1" +"III. Nominated members 12 2" +"Total 245 545" +"" +"Table 22.6 Seats Reserved for SCs and STs in the Lok Sabha" +"(2019)" +"Name of the State/Union Total Reserved Reserved for" +"Territory for the the" +"Scheduled Scheduled" +"Castes Tribes" +"I. STATES:" +"1. Andhra Pradesh 25 4 1" +"2. Arunachal 2 – –" +"Pradesh" +"3. Assam 14 1 2" +"4. Bihar 40 6 –" +"5. Chhattisgarh 11 1 4" +"6. Goa 2 – –" +"7. Gujarat 26 2 4" +"8. Haryana 10 2 –" +"9. Himachal 4 1 –" +"Pradesh" +"10. Jharkhand 14 1 5" +"11. Karnataka 28 5 2" +"12. Kerala 20 2 –" +"13. Madhya Pradesh 29 4 6" +"14. Maharashtra 48 5 4" +"15. Manipur 2 – 1" +"16. Meghalaya 2 – 2" +"17. Mizoram 1 – 1" +" 18. Nagaland 1 – –" +"19. Odisha 21 3 5" +"20. Punjab 13 4 –" +"21. Rajasthan 25 4 3" +"22. Sikkim 1 – –" +"23. Tamil Nadu 39 7 –" +"24. Telangana 17 3 2" +"25. Tripura 2 – 1" +"26. Uttarakhand 5 1 –" +"27. Uttar Pradesh 80 17 –" +"28. West Bengal 42 10 2" +"II. UNION TERRITORIES:" +"1. Andaman and 1 – –" +"Nicobar Islands" +"2. Chandigarh 1 – –" +"3. Dadra and 1 – 1" +"Nagar Haveli" +"4. Daman and Diu 1 – –" +"5. Delhi (The 7 1 –" +"National Capital" +"Territory of Delhi)" +"6. Lakshadweep 1 – 1" +"7. Puducherry 1 – –" +"8. Jammu and 5 – –" +"Kashmir" +"9. Ladakh 1 – –" +"Total 543 84 47" +"" +"Table 22.7 Durations of the Lok Sabha (from First Lok Sabha to" +"Present Lok Sabha)" +" Lok Sabha Duration Remarks" +"First 1952–1957 Dissolved 38 days before expiry of" +"its term." +"Second 1957–1962 Dissolved 40 days before expiry of" +"its term." +"Third 1962–1967 Dissolved 44 days before expiry of" +"its term." +"Fourth 1967–1970 Dissolved one year and 79 days" +"before expiry of its term." +"Fifth 1971–1977 Term of the Lok Sabha was" +"extended two times by one year at" +"a time. However, the House was" +"dissolved after having been in" +"existence for a period of five years," +"10 months and six days." +"Sixth 1977–1979 Dissolved after having been in" +"existence for a period of two years," +"four months and 28 days." +"Seventh 1980–1984 Dissolved 20 days before expiry of" +"its term." +"Eighth 1985–1989 Dissolved 48 days before expiry of" +"its term." +"Ninth 1989–1991 Dissolved after having been in" +"existence for a period of one year," +"two months and 25 days." +"Tenth 1991–1996 –" +"Eleventh 1996–1997 Dissolved after having been in" +"existence for a period of one year," +"six months and 13 days." +"Twelfth 1998–1999 Dissolved after having been in" +"existence for a period of one year," +"one month and four days." +"Thirteenth 1999–2004 Dissolved 253 days before expiry of" +"its term." +" Fourteenth 2004–2009 –" +"Fifteenth 2009–2014 –" +"Sixteenth 2014–2019 –" +"Seventeenth 2019- –" +"Continuing" +"" +"Table 22.8 Speakers of the Lok Sabha (from First Lok Sabha to" +"Present Lok Sabha)" +"Lok Sabha Name Tenure (Remarks)" +"First 1. Ganesh Vasudev 1952 to 1956 (Died)" +"Mavalanker" +"2. Ananthasayanam 1956 to 1957" +"Ayyangar" +"Second Ananthasayanam Ayyangar 1957 to 1962" +"Third Hukum Singh 1962 to 1967" +"Fourth 1. Neelam Sanjiva Reddy 1967 to 1969" +"(Resigned)" +"2. Gurdial Singh Dhillan 1969 to 1971" +"Fifth 1. Gurdial Singh Dhillan 1971 to 1975" +"(Resigned)" +"2. Bali Ram Bhagat 1976 to 1977" +"Sixth 1. Neelam Sanjiva Reddy 1977 to 1977" +"(Resigned)" +"2. K.S. Hegde 1977 to 1980" +"Seventh Balram Jakhar 1980 to 1985" +"Eighth Balram Jakhar 1985 to 1989" +"Ninth Rabi Ray 1989 to 1991" +"Tenth Shivraj Patil 1991 to 1996" +"Eleventh P.A. Sangma 1996 to 1998" +"Twelfth G.M.C. Balayogi 1998 to 1999" +"Thirteenth 1. G.M.C. Balayogi 1999 to 2002 (Died)" +" 2. Manohar Joshi 2002 to 2004" +"Fourteenth Somnath Chatterjee 2004 to 2009" +"Fifteenth Ms. Meira Kumar 2009 – 2014" +"Sixteenth Ms. Sumitra Mahajan 2014 – 2019" +"Seventeenth Om Birla 2019 - till date" +"" +"Table 22.9 Articles Related to Parliament at a Glance" +"Article No. Subject Matter" +"General" +"79. Constitution of Parliament" +"80. Composition of the Council of States" +"81. Composition of the House of the People" +"82. Readjustment after each census" +"83. Duration of Houses of Parliament" +"84. Qualification for membership of Parliament" +"85. Sessions of Parliament, prorogation and" +"dissolution" +"86. Right of President to address and send" +"messages to Houses" +"87. Special address by the President" +"88. Rights of Ministers and Attorney-General as" +"respects Houses" +"Officers of Parliament" +"89. The Chairman and Deputy Chairman of the" +"Council of States" +"90. Vacation and resignation of, and removal from," +"the office of Deputy Chairman" +"91. Power of the Deputy Chairman or other person" +"to perform the duties of the office of, or to act" +"as, Chairman" +" 92. The Chairman or the Deputy Chairman not to" +"preside while a resolution for his removal from" +"office is under consideration" +"93. The Speaker and Deputy Speaker of the" +"House of the People" +"94. Vacation and resignation of, and removal from," +"the offices of Speaker and Deputy Speaker" +"95. Power of the Deputy Speaker or other person" +"to perform the duties of the office of, or to act" +"as, Speaker" +"96. The Speaker or the Deputy Speaker not to" +"preside while a resolution for his removal from" +"office is under consideration" +"97. Salaries and allowances of the Chairman and" +"Deputy Chairman and the Speaker and Deputy" +"Speaker" +"98. Secretariat of Parliament" +"Conduct of Business" +"99. Oath or affirmation by members" +"100. Voting in Houses, power of Houses to act" +"notwithstanding vacancies and quorum" +"Disqualifications of Members" +"101. Vacation of seats" +"102. Disqualifications for membership" +"103. Decision on questions as to disqualifications of" +"members" +"104. Penalty for sitting and voting before making" +"oath or affirmation under Article 99 or when not" +"qualified or when disqualified" +"Powers, Privileges and Immunities of Parliament and its" +"Members" +"105. Powers, privileges, etc., of the Houses of" +"Parliament and of the members and" +" committees thereof" +"106. Salaries and allowances of members" +"Legislative Procedure" +"107. Provisions as to introduction and passing of" +"Bills" +"108. Joint sitting of both Houses in certain cases" +"109. Special procedure in respect of Money Bills" +"110. Definition of “Money Bills”" +"111. Assent to Bills" +"Procedures in Financial Matters" +"112. Annual financial statement" +"113. Procedure in Parliament with respect to" +"estimates" +"114. Appropriation Bills" +"115. Supplementary, additional or excess grants" +"116. Votes on account, votes of credit and" +"exceptional grants" +"117. Special provisions as to financial Bills" +"Procedure Generally" +"118. Rules of procedure" +"119. Regulation by law of procedure in Parliament" +"in relation to financial business" +"120. Language to be used in Parliament" +"121. Restriction on discussion in Parliament" +"122. Courts not to inquire into proceedings of" +"Parliament" +"Legislative Powers of the President" +"123. Power of President to promulgate Ordinances" +"during recess of Parliament" +" NOTES AND REFERENCES" +"1. Westminster is a place in London where the British" +"Parliament is located. It is often used as a symbol of the" +"British Parliament." +"2. See Table 22.5 at the end of this chapter." +"3. An Anglo-Indian is a person whose father or any of" +"whose other male progenitors in the male line is or was" +"of European descent but who is domiciled within the" +"territory of India and is or was born within such territory" +"of parents habitually resident therein and not merely" +"established there for temporary purposes." +"4. See Table 22.5 at the end of this chapter." +"5. This means that the number of Lok Sabha seats" +"reserved in a state or union territory for such castes and" +"tribes is to bear the same proportion to the total number" +"of seats allotted to that state or union territory in the Lok" +"Sabha as the population of such castes and tribes in the" +"concerned state or union territory bears to the total" +"population of state or union territory." +"6. Under this, the president has made the Rajya Sabha" +"(Term of Office of Members) Order, 1952." +"7. The term of the fifth Lok Sabha that was to expire on 18" +"March, 1976, was extended by one year upto 18 March," +"1977 by the House of the People (Extension of" +"Duration) Act, 1976. It was extended for a further period" +"of one year up to 18 March, 1978 by the House of the" +"People (Extension of Duration) Amendment Act, 1976." +"However, the House was dissolved on 18 January 1977," +"after having been in existence for a period of five years," +"10 months and six days." +"8. A minister in the Union or state government is not" +"considered as holding the office of profit. Also, the" +"Parliament can declare that a particular office of profit" +"will notdisqualify its holder from parliamentary" +"membership." +"9. According to the Prohibition of Simultaneous" +"Membership Rules (1950) made by the President." +" 9a. Section 3 of the Salaries and Allowances of Officers of" +"Parliament Act, 1953 (as amended)." +"9b. Ibid." +"9c. Ibid." +"9d. Ibid." +"9e. Section 5 of the Salaries and Allowances of Officers of" +"Parliament Act, 1953 (as amended)." +"9f. Ibid." +"10. Kihota Hollohan Vs. Zachilhu (1992)." +"11. In this context, V.V. Giri observed: “The holder of an" +"office provided with such extensive authority and power" +"must discharge the duties of his office impartially. So" +"impartiality is regarded as an indispensable condition of" +"the office of the Speaker, who is the guardian of the" +"powers and privileges of the House and not of the" +"political party with whose support he might have been" +"elected to the office. It is not possible for him to maintain" +"order in the House unless he enjoys the confidence of" +"the minority parties by safeguarding their rights and" +"privileges”. (‘Powers of the Presiding Officers in Indian" +"Legislature’ in Journal of Consitutional and" +"Parliamentary Studies, New Delhi, Vol II, No. 4, Oct-" +"Dec. 1968, p. 22)" +"12. For example, in the 13th Lok Sabha, Mr. Indrajit Gupta" +"was appointed as Speaker Pro Tem on 20 October 1999" +"and remained in that office till 22 October 1999 when" +"the new Speaker, Mr. G.M.C. Balayogi was elected." +"13. Under Article 107 (3) of the Constitution, a bill pending" +"in Parliament shall not lapse by reason of the" +"prorogation of the Houses." +"Under Rule 336 of the Lok Sabha, a motion, resolution" +"or an amendment, which has been moved and is" +"pending in the House, shall not lapse by reason only of" +"the prorogation of the House." +"14. Subhash C. Kashyap: Our Parliament, National Book" +"Trust, 1999 Edition, P. 135–136." +"15. J.C. Johari: Indian Government and Politics, Vishal," +"Volume II, Thirteenth Edition, 2001, P. 360." +" 15a. T.K. Viswanathan (Editor), The Indian Parliament, Lok" +"Sabha Secretariat, Fourteenth Edition, 2011, p.21." +"16. Subhash C. Kashyap: Our Parliament, National Book" +"Trust, 1999 Edition, P. 139–141." +"17. Ibid, P. 139." +"18. Under Rule 64 of Lok Sabha, the Speaker may, on" +"request being made to him, order the publication of any" +"bill in the Gazette, although no motion has been made" +"for leave to introduce the bill. In that case, it shall not be" +"necessary to move for leave to introduce the bill and if" +"the bill is afterwards introduced, it shall not be" +"necessary to publish it again." +"19. For different kinds of veto, see ‘Veto Power of the" +"President’ under Chapter 17." +"20. The Lok Sabha did not agree to the amendments made" +"by the Rajya Sabha. A joint siting was held on 6 May" +"1961" +"21. The bill was passed by the Lok Sabha but rejected by" +"the Rajya Sabha. A joint sitting was held on 16 May" +"1978" +"22. The bill was passed by the Lok Sabha but rejected by" +"the Rajya Sabha. A joint sitting was held on 26 March" +"2002. The bill was passed when 425 members voted for" +"it and 296 against." +"23. N.N. Mallya: Indian Parliament, P. 39." +"24. Kesavananda Bharati V. State of Kerala (1973);" +"Minerva Mills V. Union of India (1980)." +"25. In 1977, the sixth Lok Sabha expelled Mrs. Indira" +"Gandhi from its membership and sentenced her to jail" +"for a week for committing a contempt of House while" +"she was Prime Minister. But, the seventh Lok Sabha" +"rescinded the resolution expelling her by describing it as" +"politically motivated. In 1990, a former Minister, K.K." +"Tiwari, was reprimanded by the Rajya Sabha." +"26. Article 121 of the Constitution says that no discussion" +"shall take place in Parliament with respect to the" +"conduct of any judge of the Supreme Court or of a high" +"court in the discharge of his duties except upon a" +" motion for presenting an address to the president" +"praying for the removal of the judge. Under Rules 349 to" +"350 of the Lok Sabha, use of unparliamentary language" +"or unparliamentary conduct of a member is prohibited." +"27. Kaul and Shakdher: Practice and Procedure of" +"Parliament, First Edition, P. 157." +"28. Thomas Erskine May: Parliamentary Practice, 15th" +"Edition, P. 109." +"29. Subhash C. Kashyap: Our Parliament, National Book" +"Trust, 1999 Edition, P. 241." +"30. Thomas Erskine May: Parliamentary Practice, 16th" +"Edition, P. 43." +"31. The then law minister gave the following reason for" +"dropping reference to the British House of Commons:" +"“That the original provision–there was no escape from" +"it–had referred to the British House of Commons. Now a" +"proud country like India would like to avoid making any" +"reference to a foreign institution in its own solemn" +"constitutional document. Therefore, this verbal change" +"is being introduced so that there may not be any" +"reference to a foreign institution.”" +"32. A.V. Dicey: Introduction to the Study of the Law of the" +"Constitution, Macmillan, 1965 Edition, P. 39–40." +" 23 Parliamentary Committees" +"" +"" +"MEANING" +"The Parliament is too unwieldy a body to deliberate effectively the" +"issues that come up before it. The functions of the Parliament are" +"varied, complex and voluminous. Moreover, it has neither the" +"adequate time nor necessary expertise to make a detailed" +"scrutiny of all legislative measures and other matters. Therefore, it" +"is assisted by a number of committees in the discharge of its" +"duties." +"The Constitution of India makes a mention of these committees" +"at different places, but without making any specific provisions" +"regarding their composition, tenure, functions, etc. All these" +"matters are dealt by the rules of two Houses. Accordingly, a" +"parliamentary committee means a committee that:" +"1. Is appointed or elected by the House or nominated by the" +"Speaker / Chairman1" +"2. Works under the direction of the Speaker / Chairman" +"3. Presents its report to the House or to the Speaker /" +"Chairman" +"4. Has a secretariat provided by the Lok Sabha / Rajya Sabha" +"The consultative committees, which also consist of members of" +"Parliament, are not parliamentary committees as they do not fulfill" +"above four conditions.2" +" CLASSIFICATION" +"" +"Broadly, parliamentary committees are of two kinds–Standing" +"Committees and Ad Hoc Committees. The former are permanent" +"(constituted every year or periodically) and work on a continuous" +"basis, while the latter are temporary and cease to exist on" +"completion of the task assigned to them." +"" +"Standing Committees" +"On the basis of the nature of functions performed by them," +"standing committees can be classified into the following six" +"categories:" +"" +"1. Financial Committees" +"(a) Public Accounts Committee" +"(b) Estimates Committee" +"(c) Committee on Public Undertakings" +"" +"2. Departmental Standing Committees (24)" +"" +"3. Committees to Inquire" +"(a) Committee on Petitions" +"(b) Committee of Privileges" +"(c) Ethics Committee" +"" +"4. Committees to Scrutinise and Control" +"(a) Committee on Government Assurances" +"(b) Committee on Subordinate Legislation" +"(c) Committee on Papers Laid on the Table" +"(d) Committee on Welfare of SCs and STs" +"(e) Committee on Empowerment of Women" +"(f) Joint Committee3 on Offices of Profit" +"" +"5. Committees Relating to the Day-to-Day Business of the" +"House" +"(a) Business Advisory Committee" +"(b) Committee on Private Members’ Bills and Resolutions" +" (c) Rules Committee" +"(d) Committee on Absence of Members from Sittings of the" +"House" +"" +"6. House-Keeping Committees or Service Committees (i.e.," +"Committees concerned with the Provision of Facilities and" +"Services to Members):" +"(a) General Purposes Committee" +"(b) House Committee" +"(c) Library Committee" +"(d) Joint Committee on Salaries and Allowances of Members" +"" +"Ad Hoc Committees" +"Ad hoc committees can be divided into two categories, that is," +"Inquiry Committees and Advisory Committees." +"1. Inquiry Committees are constituted from time to time, either" +"by the two Houses on a motion adopted in that behalf, or by" +"the Speaker / Chairman, to inquire into and report on" +"specific subjects. For example:" +"(a) Committee on the Conduct of Certain Members during" +"President’s Address" +"(b) Committee on Draft Five-Year Plan" +"(c) Railway Convention Committee4" +"(d) Committee on Members of Parliament Local Area" +"Development Scheme (MPLADS)" +"(e) Joint Committee on Bofors Contract" +"(f) Joint Committee on Fertilizer Pricing" +"(g) Joint Committee to Enquire into Irregularities in" +"Securities and Banking Transactions" +"(h) Joint Committee on Stock Market Scam" +"(i) Joint Committee on Security in Parliament Complex" +"(j) Committee on Provision of Computers to Members of" +"Parliament, Offices of Political Parties and Officers of the" +"Lok Sabha Secretariat" +"(k) Committee on Food Management in Parliament House" +"Complex" +"(l) Committee on Installation of Portraits / Statues of" +"National Leaders and Parliamentarians in Parliament" +" House Complex" +"(m) Joint Committee on Maintenance of Heritage Character" +"and Development of Parliament House Complex" +"(n) Committee on Violation of Protocol Norms and" +"Contemptuous Behaviour of Government Officers with" +"Members of Lok Sabha" +"(o) Joint Committee to Examine Matters Relating to" +"Allocation and Pricing of Telecom Licences and" +"Spectrum" +"2. Advisory Committees include select or joint committees on" +"bills, which are appointed to consider and report on" +"particular bills. These committees are distinguishable from" +"the other ad hoc committees in as much as they are" +"concerned with bills and the procedure to be followed by" +"them is laid down in the Rules of Procedure and the" +"Directions by the Speaker / Chairman." +"When a Bill comes up before a House for general discussion, it" +"is open to that House to refer it to a Select Committee of the" +"House or a Joint Committee of the two Houses. A motion to this" +"effect has to be moved and adopted in the House in which the Bill" +"comes up for consideration. In case the motion adopted is for" +"reference of the Bill to a Joint Committee, the decision is" +"conveyed to the other House, requesting the members to" +"nominate members of the other House to serve on the Committee." +"The Select or Joint Committee considers the Bill clause by" +"clause just as the two Houses do. Amendments to various clauses" +"can be moved by members of the Committee. The Committee can" +"also take evidence of associations, public bodies or experts who" +"are interested in the Bill. After the Bill has thus been considered," +"the Committee submits its report to the House. Members who do" +"not agree with the majority report may append their minutes of" +"dissent to the report." +" FINANCIAL COMMITTEES" +"" +"Public Accounts Committee" +"This committee was set up first in 1921 under the provisions of the" +"Government of India Act of 1919 and has since been in existence." +"At present, it consists of 22 members (15 from the Lok Sabha and" +"7 from the Rajya Sabha). The members are elected by the" +"Parliament every year from amongst its members according to the" +"principle of proportional representation by means of the single" +"transferable vote. Thus, all parties get due representation in it." +"The term of office of the members is one year. A minister cannot" +"be elected as a member of the committee. The chairman of the" +"committee is appointed from amongst its members by the" +"Speaker. Until 1966 - ‘67, the chairman of the committee belonged" +"to the ruling party. However, since 1967 a convention has" +"developed whereby the chairman of the committee is selected" +"invariably from the Opposition." +"The function of the committee is to examine the annual audit" +"reports of the Comptroller and Auditor General of India (CAG)," +"which are laid before the Parliament by the President. The CAG" +"submits three audit reports to the President, namely, audit report" +"on appropriation accounts, audit report on finance accounts and" +"audit report on public undertakings." +"The committee examines public expenditure not only from legal" +"and formal point of view to discover technical irregularities but" +"also from the point of view of economy, prudence, wisdom and" +"propriety to bring out the cases of waste, loss, corruption," +"extravagance, inefficiency and nugatory expenses." +"In more detail, the functions of the committee are:" +"1. To examine the appropriation accounts and the finance" +"accounts of the Union government and any other accounts" +"laid before the Lok Sabha. The appropriation accounts" +"compare the actual expenditure with the expenditure" +"sanctioned by the Parliament through the Appropriation Act," +"while the finance accounts shows the annual receipts and" +"disbursements of the Union Government." +" 2. In scrutinising the appropriation accounts and the audit" +"report of CAG on it, the committee has to satisfy itself that" +"(a) The money that has been disbursed was legally" +"available for the applied service or purpose" +"(b) The expenditure conforms to the authority that governs it" +"(c) Every re-appropriation has been made in accordance" +"with the related rules" +"3. To examine the accounts of state corporations, trading" +"concerns and manufacturing projects and the audit report of" +"CAG on them (except those public undertakings which are" +"allotted to the Committee on Public Undertakings)" +"4. To examine the accounts of autonomous and semi-" +"autonomous bodies, the audit of which is conducted by the" +"CAG" +"5. To consider the report of the CAG relating to the audit of any" +"receipt or to examine the accounts of stores and stocks" +"6. To examine the money spent on any service during a" +"financial year in excess of the amount granted by the Lok" +"Sabha for that purpose" +"In the fulfillment of the above functions, the committee is" +"assisted by the CAG. In fact, the CAG acts as a guide, friend and" +"philosopher of the committee." +"On the role played by the committee, Ashok Chanda (who" +"himself has been a CAG of India) observed: “Over a period of" +"years, the committee has entirely fulfilled the expectation that it" +"should develop into a powerful force in the control of public" +"expenditure. It may be claimed that the traditions established and" +"conventions developed by the Public Accounts Committee" +"conform to the highest traditions of a parliamentary democracy.”5" +"However, the effectiveness of the role of the committee is" +"limited by the following:" +"(a) It is not concerned with the questions of policy in broader" +"sense." +"(b) It conducts a post-mortem examination of accounts (showing" +"the expenditure already incurred)." +"(c) It cannot intervene in the matters of day-to-day" +"administration." +" (d) Its recommendations are advisory and not binding on the" +"ministries." +"(e) It is not vested with the power of disallowance of" +"expenditures by the departments." +"(f) It is not an executive body and hence, cannot issue an order." +"Only the Parliament can take a final decision on its findings." +"" +"Estimates Committee" +"The origin of this committee can be traced to the standing" +"financial committee set up in 1921. The first Estimates Committee" +"in the post-independence era was constituted in 1950 on the" +"recommendation of John Mathai, the then finance minister." +"Originally, it had 25 members but in 1956 its membership was" +"raised to 30. All the thirty members are from Lok Sabha only. The" +"Rajya Sabha has no representation in this committee. These" +"members are elected by the Lok Sabha every year from amongst" +"its own members, according to the principles of proportional" +"representation by means of a single transferable vote. Thus, all" +"parties get due representation in it. The term of office is one year." +"A minister cannot be elected as a member of the committee. The" +"chairman of the committee is appointed by the Speaker from" +"amongst its members and he is invariably from the ruling party." +"The function of the committee is to examine the estimates" +"included in the budget and suggest ‘economies’ in public" +"expenditure. Hence, it has been described as a ‘continuous" +"economy committee’." +"In more detail, the functions of the committee are:" +"1. To report what economies, improvements in organisation," +"efficiency and administrative reform consistent with the" +"policy underlying the estimates, can be affected" +"2. To suggest alternative policies in order to bring about" +"efficiency and economy in administration" +"3. To examine whether the money is well laid out within the" +"limits of the policy implied in the estimates" +"4. To suggest the form in which the estimates are to be" +"presented to Parliament" +"The Committee shall not exercise its functions in relation to" +"such public undertakings as are allotted to the Committee on" +" Public Undertakings. The Committee may continue the" +"examination of the estimates from time to time, throughout the" +"financial year and report to the House as its examination" +"proceeds. It shall not be incumbent on the Committee to examine" +"the entire estimates of any one year. The demands for grants may" +"be finally voted despite the fact that the Committee has made no" +"report." +"However, the effectiveness of the role of the committee is" +"limited by the following:" +"(a) It examines the budget estimates only after they have been" +"voted by the Parliament, and not before that." +"(b) It cannot question the policy laid down by the Parliament." +"(c) Its recommendations are advisory and not binding on the" +"ministries." +"(d) It examines every year only certain selected ministries and" +"departments. Thus, by rotation, it would cover all of them" +"over a number of years." +"(e) It lacks the expert assistance of the CAG which is available" +"to the Public Accounts Committee." +"(f) Its work is in the nature of a postmortem." +"" +"Committee on Public Undertakings" +"This committee was created in 1964 on the recommendation of" +"the Krishna Menon Committee. Originally, it had 15 members (10" +"from the Lok Sabha and 5 from the Rajya Sabha). However, in" +"1974, its membership was raised to 22 (15 from the Lok Sabha" +"and 7 from the Rajya Sabha). The members of this committee are" +"elected by the Parliament every year from amongst its own" +"members according to the principle of proportional representation" +"by means of a single transferable vote. Thus, all parties get due" +"representation in it. The term of office of the members is one year." +"A minister cannot be elected as a member of the committee. The" +"chairman of the committee is appointed by the Speaker from" +"amongst its members who are drawn from the Lok Sabha only." +"Thus, the members of the committee who are from the Rajya" +"Sabha cannot be appointed as the chairman." +"The functions of the committee are:" +"1. To examine the reports and accounts of public undertakings" +" 2. To examine the reports of the Comptroller and Auditor" +"General on public undertakings" +"3. To examine (in the context of autonomy and efficiency of" +"public undertakings) whether the affairs of the public" +"undertakings are being managed in accordance with sound" +"business principles and prudent commercial practices" +"4. To exercise such other functions vested in the public" +"accounts committee and the estimates committee in relation" +"to public undertakings which are allotted to it by the Speaker" +"from time to time" +"The committee is not to examine and investigate any of the" +"following:" +"(i) Matters of major government policy as distinct from business" +"or commercial functions of the public undertakings" +"(ii) Matters of day-to-day administration" +"(iii) Matters for the consideration of which machinery is" +"established by any special statute under which a particular" +"public undertaking is established" +"Further, the effectiveness of the role of the committee is limited" +"by the following:" +"(a) It cannot take up the examination of more than ten to" +"twelve public undertakings in a year." +"(b) Its work is in the nature of a post-mortem." +"(c) It does not look into technical matters as its members" +"are not technical experts." +"(d) Its recommendations are advisory and not binding on" +"the ministries." +" DEPARTMENTAL STANDING COMMITTEES" +"" +"On the recommendation of the Rules Committee of the Lok" +"Sabha, 17 Departmentally-Related Standing Committees" +"(DRSCs) were set up in the Parliament in 1993.6 In 2004, seven" +"more such committees were setup, thus increasing their number" +"from 17 to 24." +"The main objective of the standing committees is to secure" +"more accountability of the Executive (i.e., the Council of Ministers)" +"to the Parliament, particularly financial accountability. They also" +"assist the Parliament in debating the budget more effectively.7" +"The 24 standing committees cover under their jurisdiction all" +"the ministries / departments of the Central Government." +"Each standing committee consists of 31 members (21 from Lok" +"Sabha and 10 from Rajya Sabha). The members of the Lok" +"Sabha are nominated by the Speaker from amongst its own" +"members, just as the members of the Rajya Sabha are nominated" +"by the Chairman from amongst its members.8" +"A minister is not eligible to be nominated as a member of any of" +"the standing committees. In case a member, after his nomination" +"to any of the standing committees, is appointed a minister, he then" +"ceases to be a member of the committee." +"The term of office of each standing committee is one year from" +"the date of its constitution." +"Out of the 24 standing committees, 8 work under the Rajya" +"Sabha and 16 under the Lok Sabha.9" +"The 24 standing committees and the ministries / departments" +"placed under their jurisdiction are shown below in Table 23.1." +"The functions of each of the standing committees are:" +"1. To consider the demands for grants of the concerned" +"ministries / departments before they are discussed and" +"voted in the Lok Sabha. Its report should not suggest" +"anything of the nature of cut motions" +"2. To examine bills pertaining to the concerned ministries /" +"departments" +"3. To consider annual reports of ministries / departments" +" 4. To consider national basic long-term policy documents" +"presented to the Houses" +"The following limitations are imposed on the functioning of" +"these standing committees:" +"(i) They should not consider the matters of day-to-day" +"administration of the concerned ministries / departments." +"" +"Table 23.1 Departmental Standing Committees and their" +"Jurisdiction (2019)" +"Sl.No. Name of the Committees Ministries / Departments" +"Covered" +"I. Committees under Rajya Sabha" +"1. Committee on Commerce Commerce and Industry" +"2. Committee on Home Affairs (1) Home Affairs" +"(2) Development of North-" +"Eastern Region" +"3. Committee on Human (1) Human Resource" +"Resource Development Development" +"(2) Youth Affairs and" +"Sports" +"(3) Women and Child" +"Development" +"4. Committee on Industry (1) Heavy Industries and" +"Public Enterprises" +"(2) Micro, Small and" +"Medium Enterprises" +"5. Committee on Science & (1) Science and" +"Technology, Environment & Technology" +"Forests (2) Space" +"(3) Earth Sciences" +"(4) Atomic Energy" +"(5) Environment, Forests" +"and Climate Change" +"6. Committee on Transport, (1) Civil Aviation" +"Tourism and Culture" +" (2) Road Transport &" +"Highways" +"(3) Shipping" +"(4) Culture" +"(5) Tourism" +"7. Committee on Health & (1) Health and Family" +"Family Welfare Welfare" +"(2) Ayurveda, Yoga and" +"Naturopathy, Unani," +"Siddha and" +"Homoeopathy (AYUSH)" +"8. Committee on Personnel, (1) Law and Justice" +"Public Grievances, Law and (2) Personnel, Public" +"Justice Grievances and" +"Pensions" +"II. Committees under Lok Sabha" +"9. Committee on Agriculture (1) Agriculture and" +"Farmers’ Welfare" +"(2) Fisheries, Animal" +"Husbandry and Dairing" +"(3) Food Processing" +"Industries" +"10. Committee on Information (1) Communication" +"Technology (2) Electronics &" +"Information Technology" +"(3) Information &" +"Broadcasting" +"11. Committee on Defence Defence" +"12. Committee on Energy (1) New and Renewable" +"Energy" +"(2) Power" +"13. Committee on External External Affairs" +"Affairs" +"14. Committee on Finance (1) Finance" +"(2) Corporate Affairs" +" (3) Planning" +"(4) Statistics and" +"Programme" +"Implementation" +"15. Committee on Food, Consumer Affairs, Food and" +"Consumer Affairs and Public Distribution" +"Public Distribution" +"16. Committee on Labour (1) Labour & Employment" +"(2) Skill Development &" +"Entrepreneurship" +"(3) Textiles" +"17. Committee on Petroleum & Petroleum and Natural Gas" +"Natural Gas" +"18. Committee on Railways Railways" +"19. Committee on Urban Housing and Urban Affairs" +"Development" +"20. Committee on Water Jal Shakti" +"Resources" +"21. Committee on Chemicals Chemicals and Fertilizers" +"and Fertilizers" +"22. Committee on Rural (1) Rural Development" +"Development (2) Panchayati Raj" +"23. Committee on Coal and (1) Coal" +"Steel (2) Mines" +"(3) Steel" +"24. Committee on Social (1) Social Justice and" +"Justice and Empowerment Empowerment" +"(2) Tribal Affairs" +"(3) Minority Affairs" +"" +"(ii) They should not generally consider the matters which are" +"considered by other parliamentary committees." +"It should be noted here that the recommendations of these" +"committees are advisory in nature and hence not binding on the" +"Parliament." +" The following procedure shall be followed by each of the" +"standing committees in their consideration of the demands for" +"grants, and making a report thereon to the Houses." +"(a) After general discussion on the budget in the Houses is over," +"the Houses shall be adjourned for a fixed period." +"(b) The committees shall consider the demands for grants of the" +"concerned ministries during the aforesaid period." +"(c) The committees shall make their report within the period and" +"shall not ask for more time." +"(d) The demands for grants shall be considered by the House in" +"the light of the reports of the committees." +"(e) There shall be a separate report on the demands for grants" +"of each ministry." +"The following procedure shall be followed by each of the" +"standing committees in examining the bills and making report" +"thereon." +"(a) The committee shall consider the general principles and" +"clauses of bills referred to it." +"(b) The Committee shall consider only such bills as introduced in" +"either of the Houses and referred to it." +"(c) The Committee shall make report on bills in a given time." +"The merits of the standing committee system in the Parliament" +"are:" +"(1) Their proceedings are devoid of any party bias." +"(2) The procedure adopted by them is more flexible than in the" +"Lok Sabha." +"(3) The system makes parliamentary control over executive" +"much more detailed, close, continuous, in-depth and" +"comprehensive." +"(4) The system ensures economy and efficiency in public" +"expenditure as the ministries / departments would now be" +"more careful in formulating their demands." +"(5) They facilitate opportunities to all the members of Parliament" +"to participate and understand the functioning of the" +"government and contribute to it." +"(6) They can avail of expert opinion or public opinion to make the" +"reports. They are authorised to invite experts and eminent" +" persons to testify before them and incorporate their opinions" +"in their reports." +"(7) The opposition parties and the Rajya Sabha can now play a" +"greater role in exercising financial control over the executive." +" COMMITTEES TO INQUIRE" +"" +"Committee on Petitions" +"This committee examines petitions on bills and on matters of" +"general public importance. It also entertains representations from" +"individuals and associations on matters pertaining to Union" +"subjects. The Lok Sabha committee consists of 15 members," +"while the Rajya Sabha committee consists of 10 members." +"" +"Committee of Privileges" +"The functions of this committee are semi-judicial in nature. It" +"examines the cases of breach of privileges of the House and its" +"members and recommends appropriate action. The Lok Sabha" +"committee has 15 members, while the Rajya Sabha committee" +"has 10 members." +"" +"Ethics Committee" +"This committee was constituted in Rajya Sabha in 1997 and in" +"Lok Sabha in 2000. It enforces the code of conduct of members of" +"Parliament. It examines the cases of misconduct and" +"recommends appropriate action. Thus, it is engaged in" +"maintaining discipline and decorum in Parliament." +" COMMITTEES TO SCRUTINISE AND CONTROL" +"" +"Committee on Government Assurances" +"This committee examines the assurances, promises and" +"undertakings given by ministers from time to time on the floor of" +"the House and reports on the extent to which they have been" +"carried through. In the Lok Sabha, it consists of 15 members and" +"in the Rajya Sabha, it consists of 10 members. It was constituted" +"in 1953." +"" +"Committee on Subordinate Legislation" +"This committee examines and reports to the House whether the" +"powers to make regulations, rules, sub-rules and bye-laws" +"delegated by the Parliament or conferred by the Constitution to" +"the Executive are being properly exercised by it. In both the" +"Houses, the committee consists of 15 members. It was constituted" +"in 1953." +"" +"Committee on Papers Laid on the Table" +"This committee was constituted in 1975. The Lok Sabha" +"Committee has 15 members, while the Rajya Sabha Committee" +"has 10 members. It examines all papers laid on the table of the" +"House by ministers to see whether they comply with provisions of" +"the Constitution, or the related Act or Rule. It does not examine" +"statutory notifications and orders that fall under the jurisdiction of" +"the Committee on Subordinate Legislation." +"" +"Committee on Welfare of SCs and STs" +"This committee consists of 30 members (20 from Lok Sabha and" +"10 from Rajya Sabha). Its functions are: (i) to consider the reports" +"of the National Commission for the SCs and the National" +"Commission for the STs; (ii) to examine all matters relating to the" +"welfare of SCs and STs, like implementation of constitutional and" +"statutory safeguards, working of welfare programmes, etc." +"" +"Committee on Empowerment of Women" +"This committee was constituted in 1997 and consists of 30" +"members (20 from Lok Sabha and 10 from Rajya Sabha). It" +" considers the reports of the National Commission for Women and" +"examines the measures taken by the Union Government to" +"secure status, dignity and equality for women in all fields." +"" +"Joint Committee on Offices of Profit" +"This committee examines the composition and character of" +"committees and other bodies appointed by the Central, state and" +"union territory governments and recommends whether persons" +"holding these offices should be disqualified from being elected as" +"members of Parliament or not. It consists of 15 members (10 from" +"Lok Sabha and 5 from Rajya Sabha)." +" COMMITTEES RELATING TO THE DAY-TO-DAY" +"BUSINESS OF THE HOUSE" +"" +"Business Advisory Committee" +"This committee regulates the programme and time table of the" +"House. It allocates time for the transaction of legislative and other" +"business brought before the House by the government. The Lok" +"Sabha committee consists of 15 members including the Speaker" +"as its chairman. In the Rajya Sabha, it has 11 members including" +"the Chairman as its exofficio chairman." +"" +"Committee on Private Members’ Bills and Resolutions" +"This committee classifies bills and allocates time for the" +"discussion on bills and resolutions introduced by private members" +"(other than ministers). This is a special committee of the Lok" +"Sabha and consists of 15 members including the Deputy Speaker" +"as its chairman. The Rajya Sabha does not have any such" +"committee. The same function in the Rajya Sabha is performed by" +"the Business Advisory Committee of that House." +"" +"Rules Committee" +"This committee considers the matters of procedure and conduct of" +"business in the House and recommends necessary amendments" +"or additions to the rules of the House. The Lok Sabha committee" +"consists of 15 members including the Speaker as its ex-officio" +"chairman. In the Rajya Sabha, it consists of 16 members including" +"the Chairman as its exofficio chairman." +"" +"Committee on Absence of Members" +"This committee considers all applications from members for leave" +"of absence from the sittings of the House, and examines the" +"cases of members who have been absent for a period of 60 days" +"or more without permission. It is a special committee of the Lok" +"Sabha and consists of 15 members. There is no such committee" +"in the Rajya Sabha and all such matters are dealt by the House" +"itself." +" HOUSE-KEEPING COMMITTEES" +"" +"General Purposes Committee" +"This committee considers and advises on matters concerning" +"affairs of the House, which do not fall within the jurisdiction of any" +"other parliamentary committee. In each House, this committee" +"consists of the presiding officer (Speaker / Chairman) as its ex-" +"officio chairman, Deputy Speaker (Deputy Chairman in the case of" +"Rajya Sabha), members of panel of chairpersons (panel of vice-" +"chairpersons in the case of Rajya Sabha), chairpersons of all the" +"departmental standing committees of the House, leaders of" +"recognised parties and groups in the House and such other" +"members as nominated by the presiding officer." +"" +"House Committee" +"This committee deals with residential accommodation of members" +"and other amenities like food, medical aid, etc., accorded to them" +"in their houses and hostels in Delhi. Both the Houses have their" +"respective House Committees. In the Lok Sabha, it consists of 12" +"members." +"" +"Library Committee" +"This committee considers all matters relating to library of the" +"Parliament and assists the members in utilising the library’s" +"services. It consists of nine members (six from Lok Sabha and" +"three from Rajya Sabha)." +"" +"Joint Committee on Salaries and Allowances of Members" +"This committee was constituted under the Salary, Allowances and" +"Pension of Members of Parliament Act, 1954. It consists of 15" +"members (10 from Lok Sabha and 5 from Rajya Sabha). It frames" +"rules for regulating payment of salary, allowances and pension to" +"members of Parliament." +" CONSULTATIVE COMMITTEES" +"Consultative committees are attached to various ministries /" +"departments of the Central Government. They consist of members" +"of both the Houses of Parliament. The Minister / Minister of State" +"in charge of the Ministry concerned acts as the chairman of the" +"consultative committee of that ministry." +"These committees provide a forum for informal discussions" +"between the ministers and the members of Parliament on policies" +"and programmes of the government and the manner of their" +"implementation." +"These committees are constituted by the Ministry of" +"Parliamentary Affairs. The guidelines regarding the composition," +"functions and procedures of these committees are formulated by" +"this Ministry. The Ministry also makes arrangements for holding" +"their meetings both during the session and the inter-session" +"period of Parliament." +"The membership of these committees is voluntary and is left to" +"the choice of the members and the leaders of their parties. The" +"maximum membership of a committee is 30 and the minimum is" +"10" +"These committees are normally constituted after the new Lok" +"Sabha is constituted, after General Elections for the Lok Sabha. In" +"other words, these committees shall stand dissolved upon" +"dissolution of every Lok Sabha and shall be reconstituted upon" +"constitution of each Lok Sabha." +"In addition, separate Informal Consultative Committees of the" +"members of Parliament are also constituted for all the Railway" +"Zones. Members of Parliament belonging to the area falling under" +"a particular Railway Zone are nominated on the Informal" +"Consultative Committee of that Railway Zone." +"Unlike the Consultative Committees attached to various" +"ministries / departments, the meetings of the Informal Consultative" +"Committees are to be arranged during the session periods only." +"" +"" +"NOTES AND REFERENCES" +" 1. A Minister is not eligible for election or nomination to the" +"Financial Committees, Departmental Standing" +"Committees, and Committees on Empowerment of" +"Women, Government Assurances, Petitions," +"Subordinate Legislation and Welfare of Scheduled" +"Castes and Scheduled Tribes." +"2. Consultative Committees are explained at the end of" +"this Chapter." +"3. A joint committee consists of members of both the" +"Houses of Parliament." +"4. The Railway Convention Committee, 1949 was the first" +"Committee after independence. This Committee and" +"subsequent Committees confined themselves to" +"determining the Rate of Dividend payable by the" +"Railways to General Revenues. Since 1971, the" +"Railway Convention Committees have been taking up" +"subjects which have a bearing on the working of the" +"Railways and Railway Finances." +"5. Ashok Chanda: Indian Administration, George Allen &" +"Unwin Ltd, London, 1967, P. 180." +"6. In 1989, three Standing Committees were constituted" +"which dealt with Agriculture, Science & Technology and" +"Environment & Forests. In 1993, they were superseded" +"by the Departmentally-Related Standing Committees" +"(DRSCs)." +"7. While inaugurating the Standing Committee system in" +"the Central Hall of Parliament on 31st March 1993, the" +"then Vice-President of India and the Chairman of Rajya" +"Sabha, K.R. Narayanan observed that the main purpose" +"of these Committees is: “to ensure the accountability of" +"Government to Parliament through more detailed" +"consideration of measures in these Committees. The" +"intention is not to weaken or criticise the administration" +"but to strengthen it by investing it with more meaningful" +"Parliamentary support”." +"8. Till 13th Lok Sabha, each Standing Committee" +"consisted of not more than 45 members - 30 to be" +"nominated by the Speaker from amongst the members" +" of Lok Sabha and 15 to be nominated by the Chairman" +"from amongst the members of Rajya Sabha. However," +"with restructuring of DRSCs in July 2004, each DRSC" +"consists of 31 members - 21 from Lok Sabha and 10" +"from Rajya Sabha." +"9. The procedure regarding constitution and functioning of" +"DRSCs, serviced by Lok Sabha, has been enumerated" +"in Rules 331C to 331Q of the Rules of Procedure and" +"Conduct of Business in the Lok Sabha. Rules 268 to" +"277 of the Rules of Procedure and Conduct of Business" +"in the Rajya Sabha govern DRSCs serviced by Rajya" +"Sabha." +" 24 Parliamentary Forums" +"" +"" +"ESTABLISHMENT OF THE FORUMS" +"The first Parliamentary Forum on Water Conservation and" +"Management was constituted in the year 2005.1 Subsequently," +"seven more Parliamentary forums were constituted. At present," +"there are eight Parliamentary forums.2" +"1. Parliamentary Forum on Water Conservation and" +"Management (2005)" +"2. Parliamentary Forum on Youth (2006)" +"3. Parliamentary Forum on Children (2006)" +"4. Parliamentary Forum on Population and Public Health" +"(2006)" +"5. Parliamentary Forum on Global Warming and Climate" +"Change (2008)" +"6. Parliamentary Forum on Disaster Management (2011)" +"7. Parliamentary Forum on Artisans and Crafts-people (2013)" +"8. Parliamentary Forum on Millennium Development Goals" +"(2013)" +" OBJECTIVES OF THE FORUMS" +"" +"The objectives behind the constitution of the Parliamentary forums" +"are:" +"(i) To provide a platform to the members to have interactions" +"with the ministers concerned, experts and key officials from" +"the nodal ministries with a view to have a focused and" +"meaningful discussion on critical issues with a result-oriented" +"approach for speeding up the implementation process;" +"(ii) To sensitise members about the key areas of concern and" +"also about the ground level situation and equip them with the" +"latest information, knowledge, technical know-how and" +"valuable inputs from experts both from the country and" +"abroad for enabling them to raise these issues effectively on" +"the Floor of the House and in the meetings of the" +"Departmentally-Related Standing Committees (DRSCs); and" +"(iii) To prepare a data-base through collection of data on critical" +"issues from ministries concerned, reliable NGOs," +"newspapers, United Nations, Internet, etc. and circulation" +"thereof to the members so that they can meaningfully" +"participate in the discussions of the forums and seek" +"clarifications from experts or officials from the Ministry present" +"in the meetings." +"It has been mandated that the Parliamentary Fora will not" +"interfere with or encroach upon the jurisdiction of the" +"Departmentally-Related Standing Committees of the Ministry/" +"Department concerned." +" COMPOSITION OF THE FORUMS" +"The Speaker of Lok Sabha is the ex-officio President of all the" +"Forums except the Parliamentary Forum on Population and Public" +"Health wherein the Chairman of Rajya Sabha is the ex-officio" +"President and the Speaker is the ex-officio Co-President. The" +"Deputy Chairman of Rajya Sabha, the Deputy Speaker of Lok" +"Sabha, the concerned Ministers and the Chairman of" +"Departmentally-Related Standing Committees are the ex-officio" +"VicePresidents of the respective Forums." +"Each Forum consists of not more than 31 members (excluding" +"the President, Co-President and Vice-Presidents) out of whom not" +"more than 21 are from the Lok Sabha and not more than 10 are" +"from the Rajya Sabha." +"Members (other than the President, Co-President and Vice-" +"Presidents) of these forums are nominated by the Speaker/" +"Chairman from amongst the leaders of various political" +"parties/groups or their nominees, who have special" +"knowledge/keen interest in the subject.3" +"The duration of the office of members of the forum is co-" +"terminus with their membership in the respective Houses. A" +"member may also resign from the forum by writing to the" +"Speaker/Chairman." +"The President of the forum appoints a member-convener for" +"each forum to conduct regular, approved programmes/meetings of" +"the forum in consultation with the President. The meetings of the" +"forums are held from time to time, as may be necessary, during" +"Parliament sessions." +" FUNCTIONS OF THE FORUMS" +"" +"Parliamentary Forum on Water Conservation and" +"Management" +"The functions of the forum are:" +"1. To identify problems relating to water and make" +"suggestions/recommenda-tions for consideration and" +"appropriate action by Government/organisations concerned" +"2. To identify the ways of involving members of Parliament in" +"conservation and augmentation of water resources in their" +"respective states/constituencies" +"3. To organise seminars/workshops to create awareness for" +"conservation and efficient management of water" +"4. To undertake such other related task as it may deem fit" +"" +"Parliamentary Forum on Youth" +"The functions of this forum are:" +"1. To have focused deliberations on strategies to leverage" +"human capital in the youth for accelerating development" +"initiatives" +"2. To build greater awareness amongst public leaders and at" +"the grass-roots level of the potential of youth for effecting" +"socio-economic change" +"3. To interact on a regular basis with youth representatives and" +"leaders, in order to better appreciate their hopes," +"aspirations, concerns and problems" +"4. To consider ways for improving Parliament’s out-reach to" +"different sections of youth, in order to reinforce their faith" +"and commitment in democratic institutions and encourage" +"their active participation therein" +"5. To hold consultations with experts, national and international" +"academicians and government agencies concerned on" +"redesigning of public policy in the matter of youth" +"empowerment.4" +" Parliamentary Forum on Children" +"The functions of the forum are:" +"1. To further enhance awareness and attention of" +"Parliamentarians towards critical issues affecting children’s" +"well being so that they may provide due leadership to ensure" +"their rightful place in the development process" +"2. To provide a platform to Parliamentarians to exchange" +"ideas, views, experiences, expert practices in relation to" +"children, in a structured manner, through workshops," +"seminars, orientation programmes, etc." +"3. To provide Parliamentarians an interface with civil society for" +"highlighting children’s issues, including, inter-alia, the" +"voluntary sector, media and corporate sector, and thereby to" +"foster effective strategic partnerships in this regard" +"4. To enable Parliamentarians to interact, in an institutionalised" +"manner with specialised UN agencies like the UNICEF and" +"other comparable multilateral agencies on expert reports," +"studies, news and trend-analyses, etc., world-wide, which" +"are germane to developments in the sector" +"5. To undertake any other tasks, projects, assignments, etc., as" +"the Forum may deem fit." +"" +"Parliamentary Forum on Population and Public Health" +"The functions of the forum are:" +"1. To have focused deliberations on strategies relating to" +"population stabilisation and matters connected therewith" +"2. To discuss and prepare strategies on issues concerning" +"public health" +"3. To build greater awareness in all sections of the society," +"particularly at the grassroot level, regarding population" +"control and public health" +"4. To hold comprehensive dialogue and discussion in the" +"matter of population and public health with experts at the" +"national and international levels and to have interactions" +"with multilateral organisations like WHO, United Nations" +"Population Fund, and academicians and government" +"agencies concerned." +" Parliamentary Forum on Global Warming and Climate" +"Change" +"The functions of the forum are:" +"1. To identify problems relating to global warming and climate" +"change and make suggestions/recommendations for" +"consideration and appropriate action by the" +"government/organisations concerned to reduce the extent of" +"global warming" +"2. To identify the ways of involving members of Parliament to" +"interact with specialists of national and international bodies" +"working on global warming and climate change with" +"increased effort to develop new technologies to mitigate" +"global warming" +"3. To organise seminars/workshops to create awareness about" +"the causes and effects of global warming and climate" +"change among the members of Parliament" +"4. To identify the ways of involving members of Parliament to" +"spread awareness to prevent global warming and climate" +"change" +"5. To undertake such other related task as it may deem fit" +"" +"Parliamentary Forum on Disaster Management" +"The functions of the forum are:" +"1. To identify problems relating to Disaster Management and" +"make suggestions / recommendations for consideration and" +"appropriate action by the Government / Organizations" +"concerned to reduce the effects of disasters." +"2. To identify the ways of involving Members of Parliament to" +"interact with specialists of National and International Bodies" +"working on Disaster Management with increased effort to" +"develop new technologies to mitigate the effect of disasters." +"3. To organize seminars / workshops to create awareness" +"about the causes and effects of disasters among the" +"Members of Parliament." +"4. To identify the ways of involving Members of Parliament to" +"spread awareness about disaster management." +"5. To undertake such other related task as it may deem fit." +" Parliamentary Forum on Artisans and Craftspeople" +"The functions of the forum are:" +"1. To further enhance awareness and attention to" +"Parliamentarians towards critical issues affecting artisans" +"and craftspeople so as to preserve and promote traditional" +"art and crafts through various mechanisms." +"2. To provide a platform to Parliamentarians to exchange" +"ideas, views, experiences, expertise and best practices in" +"relation to artisans and craftspeople, in a structured manner," +"through Workshops, Seminars, Orientation Programmes," +"etc." +"3. To provide Parliamentarians an interface with civil society for" +"highlighting issues related to craftspeople and artisans," +"including inter alia, the Voluntary Sector, Media and" +"Corporate Sector and thereby to foster effective strategic" +"partnerships in this regard" +"4. To enable Parliamentarians to interact, in an institutionalized" +"manner with representatives of various Union Ministries," +"Government Organizations like Khadi and Village Industries" +"Commission (KVIC), Coir Board, The Council for" +"Advancement of People’s Action and Rural Technology" +"(CAPART) and other related Organizations/Bodies." +"5. To hold comprehensive dialogue and discussion on the" +"matters relating to preservation of art and traditional craft" +"and the promotion of artisans and craftspeople with" +"experts/Organizations at the national and international" +"levels." +"6. To undertake any other Tasks, Projects, Assignments, etc." +"as the Forum may deem fit." +"" +"Parliamentary Forum on Millennium Development" +"Goals" +"The functions of the forum are:" +"1. To review and enhance awareness and attention of" +"Parliamentarians towards critical issues which have bearing" +"on achievement of goals/targets set under Millennium" +"Development Goals by 2015." +" 2. To provide a platform to Parliamentarians to exchange" +"ideas, views, experiences, expertise and best practices in" +"relation to implementation of Millennium Development Goals" +"in a structured manner, through Workshops, Seminars," +"Orientation Programmes, etc." +"3. To provide Parliamentarians an interface with civil society for" +"highlighting issues related to Millennium Development" +"Goals, viz. eradication of poverty; hunger; achievement of" +"universal primary education; promotion of gender equality" +"and empowerment of women; reduction of child mortality;" +"improving maternal health; combating HIV/ AIDS; Malaria" +"and other diseases; ensuring environmental sustainability" +"and developing a global partnership for development." +"4. To enable parliamentarians to interact, in an institutionalized" +"manner with specialized UN Agencies and other comparable" +"Multilateral Agencies, Expert Report, Studies, News and" +"Trendanalyses, etc. regarding achievement of Millennium" +"Development Goals." +"5. To undertake any other Tasks, Projects, Assignments, etc." +"as the Forum may deem fit." +"" +"" +"NOTES AND REFERENCES" +"1. On 12th May 2005, the then Speaker of Lok Sabha," +"Somnath Chatterjee informed the House of his decision" +"to constitute a Parliamentary forum on water" +"conservation and management so that the members of" +"Parliament may discuss the critical issue of water in a" +"structured manner and also to raise the issue more" +"effectively on the floor of the House. Accordingly, the" +"forum was constituted on 12th August, 2005." +"2. The years mentioned in the brackets indicate the years" +"of their establishment." +"3. The Secretary-General of Lok Sabha is the Secretary to" +"the forums." +"4. The Speaker also constituted four sub-forums of the" +"Parliamentary Forum on Youth, viz. (i) Sub-Forum on" +"Sports and Youth Development (ii) Sub-Forum on" +" Health (iii) Sub-Forum on Education (iv) Sub-Forum on" +"Employment. Each Sub-Forum has its own convener." +" 25 Parliamentary Group" +"" +"" +"RATIONALE OF THE GROUP" +"M.N. Kaul and S.L. Shakdher have nicely explained the rationale" +"of the Indian Parliamentary Group (IPG) in the following way:" +"The establishment and development of relations among" +"parliaments constitutes part of the regular activities of national" +"parliaments. Although promotion of inter-parliamentary relations" +"has for many years been a significant part of the work of" +"parliamentarians, recently it has received a new thrust due to the" +"increased inter-dependence of nations in a global environment. It" +"is imperative that parliamentarians will join hands to safeguard" +"democracy and work in synergy to confront the challenges before" +"the world and convert them into opportunities to facilitate peace" +"and prosperity in their countries as well as globally." +"Parliamentarians from different parts of the world, therefore, have" +"a forum where they can meet to discuss and find out solutions to" +"their common problems. It is here that some sort of cross-" +"fertilisation of ideas can take place not only between the older and" +"the younger parliaments, but also between parliamentarians" +"working under different parliamentary systems. These problems" +"are no doubt discussed in inter-governmental conferences;" +"however, those discussions are not so frank and free as they can" +"be at a conclave of legislators.1" +"Inter-parliamentary relations thus assume great importance" +"today when the whole world is beset with many pressing" +"problems. The problems that are faced by one parliament today" +"may confront another tomorrow. It is, therefore, essential that a" +"link should exist between various parliaments of the world. This" +"link is maintained by India through the exchange of delegations," +"goodwill missions, correspondence, documents, etc. with foreign" +"parliaments through the machinery of the IPG that acts both as" +"the National Group of the Inter-Parliamentary Union (IPU) and" +" also as the India Branch of the Commonwealth Parliamentary" +"Association (CPA).2" +" COMPOSITION OF THE GROUP" +"" +"IPG3 is an autonomous body. It was formed in the year 1949 in" +"pursuance of a motion adopted by the Constituent Assembly" +"(Legislative).4" +"The membership of IPG is open to all members of Parliament." +"The former members of Parliament can also become associate" +"members of the Group.5 But, the associate members are entitled" +"to limited rights only. They are not entitled to representation at" +"meetings and conferences of the IPU and the CPA. They are also" +"not entitled to the travel concessions provided to members by" +"certain branches of the CPA." +"The Speaker of the Lok Sabha is the ex officio president of the" +"Group. The Deputy Speaker of the Lok Sabha and the Deputy" +"Chairman of the Rajya Sabha are the ex officio vice-presidents of" +"the Group. The SecretaryGeneral of the Lok Sabha acts as the ex" +"officio Secretary-General of the Group." +" OBJECTIVES OF THE GROUP" +"" +"The aims and objects of the Group are mentioned below:" +"1. To promote personal contacts between members of the" +"Parliament of India." +"2. To study questions of public importance that are likely to" +"come up before the Parliament; arrange seminars," +"discussions and orientation courses; and bring out" +"publications for the dissemination of information to the" +"members of the Group." +"3. To arrange lectures on political, defence, economic, social" +"and educational problems by the members of the Parliament" +"and distinguished persons." +"4. To arrange visits to foreign countries with a view to develop" +"contacts with members of other parliaments." +" FUNCTIONS OF THE GROUP" +"" +"The various functions performed and activities undertaken by the" +"Group are as follows:" +"1. The Group acts as a link between the Parliament of India" +"and the various parliaments of the world. This link is" +"maintained through exchange of delegations, goodwill" +"missions, correspondence, documents, etc. with foreign" +"parliaments." +"2. The Group functions as the (a) National Group of the IPU" +"and (b) main branch of the CPA in India." +"3. Addresses to the members of the Parliament by visiting" +"Heads of State and Government of foreign countries and" +"talks by eminent persons are arranged under the auspices of" +"the Group." +"4. Seminars and symposia on parliamentary subjects of topical" +"interest are organised periodically at national as well as" +"international level." +"5. Members of the Group, when visiting abroad, are given" +"letters of introduction to the Secretaries of the National" +"Groups of the IPU and Secretaries of the CPA branches." +"The Indian Missions in the countries of visit are also suitably" +"informed so as to enable them to get assistance and usual" +"courtesies." +"6. Only those members of the Parliament who are members of" +"the Group of at least six months’ standing at the time of the" +"composition of the delegation, may be included in the Indian" +"Parliamentary delegations to foreign countries." +"7. An uninterrupted flow of information to members regarding" +"the activities of the Group is maintained through the IPG" +"Newsletter brought out every quarter. It is sent regularly to" +"all members of the Group, including associate members." +"8. As per decision of the Group, an award of Outstanding" +"Parliamentarian was instituted in the year 1995 to be given" +"annually. A committee of five persons, constituted by the" +"Speaker of the Lok Sabha, invites and finalises the" +"nomination for the award." +" 9. To encourage bilateral relations, the Group constitutes" +"Parliamentary Friendship Groups with other countries in the" +"Parliament.6 The aims and objectives of the Friendship" +"Group are to maintain political, social and cultural contacts" +"between the two countries and to assist in exchanges of" +"information and experiences on issues relating to" +"parliamentary activities." +" THE GROUP AND IPU7" +"" +"The IPU is an international organisation of the parliaments of" +"sovereign states. At present, the IPU consists of 153 parliaments" +"of sovereign nations. Its aim is to work for peace and cooperation" +"among peoples and for the firm establishment of representative" +"institutions. It fosters contacts, coordination and the exchange of" +"experience among parliaments and parliamentarians of all" +"member countries and contributes to better knowledge of the" +"working of representative institutions. It also expresses its views" +"on all burning questions of international importance for necessary" +"effective implementation of parliamentary actions and suggests" +"avenues for improving the working standard and capacity of" +"international institutions." +"The main advantages of membership of the Group, insofar as" +"its functions as the National Group of the IPU are concerned, are" +"as follows:" +"1. It helps members of Indian Parliamentary delegations to" +"develop contacts with the parliamentarians of the member" +"countries of the IPU." +"2. The events provide an opportunity to study and understand" +"contemporary changes/reforms taking place in various" +"countries of the world." +"3. It provides facilities to meet parliamentarians in different" +"countries during tours in abroad or in India when visiting" +"Parliamentarians are here." +"4. The members of the Group are eligible to visit foreign" +"countries as members of the Indian Parliamentary" +"delegations to Inter-Parliamentary Conferences." +"In the recent past, members of the Group have been holding" +"various positions in the IPU bodies, namely, office bearers in" +"different committees of the IPU, Rapporteurs, Chairman of" +"Drafting Committees, etc. and by virtue of the same, the Group" +"has been successful in putting forward effectively the view point of" +"India on various important issues dealt in the IPU meetings." +" THE GROUP AND CPA8" +"" +"The CPA is an association of about 17000 Commonwealth" +"Parliamentarians spread over 175 National, State, Provincial and" +"Territorial Parliaments. Its aims are to promote knowledge and" +"understanding of the constitutional, legislative, economic, social" +"and cultural systems within a parliamentary democratic framework" +"with particular reference to the countries of the Commonwealth of" +"Nations and to countries having close historical and parliamentary" +"associations with it. Its mission is to promote the advancement of" +"parliamentary democracy by enhancing knowledge and" +"understanding of democratic governance and by building an" +"informed parliamentary community able to deepen the" +"Commonwealth’s democratic commitment and to further co-" +"operation among its parliaments and legislatures." +"The main advantages of membership of the Group, insofar as" +"its functions as the main branch of the CPA in India are" +"concerned, are as follows:" +"1. Conferences and Seminars: Membership provides an" +"opportunity for participation in the plenary and regional" +"conferences, seminars, visits and exchanges of delegations." +"2. Publications: All members of the Group are entitled to" +"receive, free of charge, ‘The Parliamentarian’ quarterly and" +"the newsletter, ‘First Reading’, every second month.9" +"3. Information: The Parliamentary Information and Reference" +"Centre of the CPA Secretariat provides information to" +"members on parliamentary, constitutional and" +"Commonwealth matters." +"4. Introductions: The CPA branches readily assist in" +"arranging introductions for members visiting other" +"jurisdictions." +"5. Parliamentary Facilities: Members visiting other" +"Commonwealth countries are normally accorded" +"parliamentary courtesies, especially access to debates and" +"local members." +"6. Travel Facilities: Some branches provide for a designated" +"number of their members annually to undertake study tours" +" of Commonwealth and other countries to compare political" +"and procedural developments. Other branches arrange ad" +"hoc visits." +"" +"" +"NOTES AND REFERENCES" +"1. M.N. Kaul and S.L. Shakdher, Practice and Procedure" +"of Parliament, Lok Sabha Secretariat, Sixth Edition," +"2009, p. 1160." +"2. Ibid." +"3. Hereafter referred to as ‘the Group’." +"4. The concerned motion was adopted on August 16," +"1948" +"5. A member or ex-member of Parliament can become a" +"life member of the Group on payment of a fixed life" +"subscription." +"6. Each Friendship Group consists of 22 sitting members" +"of Parliament (15 from the Lok Sabha and 7 from the" +"Rajya Sabha) in proportion to the strength of parties in" +"the Lok Sabha and the Rajya Sabha. The Speaker of" +"the Lok Sabha appoints the President and two Vice-" +"Presidents (one from each House) of the Friendship" +"Group." +"7. Hand Book for Members of Lok Sabha, Fifteenth" +"Edition, 2009, pp. 207–208." +"8. Ibid, pp. 208–209." +"9. These are published by the CPA Secretariat, London." +" 26 Supreme Court" +"" +"" +"" +"" +"U" +"nlike the American Constitution, the Indian Constitution" +"has established an integrated judicial system with the" +"Supreme Court at thetop and the high courts below it." +"Under a high court (and below the state level), there is a hierarchy" +"of subordinate courts, that is, district courts and other lower" +"courts. This single system of courts, adopted from the" +"Government of India Act of 1935, enforces both Central laws as" +"well as the state laws. In USA, on the other hand, the federal laws" +"are enforced by the federal judiciary and the state laws are" +"enforced by the state judiciary. There is thus a double system of" +"courts in USA–one for the centre and the other for the states. To" +"sum up, India, although a federal country like the USA, has a" +"unified judiciary and one system of fundamental law and justice." +"The Supreme Court of India was inaugurated on January 28," +"1950. It succeeded the Federal Court of India, established under" +"the Government of India Act of 1935. However, the jurisdiction of" +"the Supreme Court is greater than that of its predecessor. This is" +"because, the Supreme Court has replaced the British Privy" +"Council as the highest court of appeal.1" +"Articles 124 to 147 in Part V of the Constitution deal with the" +"organisation, independence, jurisdiction, powers, procedures and" +"so on of the Supreme Court. The Parliament is also authorised to" +"regulate them." +" COMPOSITION AND APPOINTMENT" +"" +"At present, the Supreme Court consists of thirty-four judges (one" +"chief justice and thirty three other judges). In 2019, the centre" +"notified an increase in the number of Supreme Court judges from" +"thirty-one to thirty-four, including the Chief Justice of India. This" +"followed the enactment of the Supreme Court (Number of Judges)" +"Amendment Act, 2019. Originally, the strength of the Supreme" +"Court was fixed at eight (one chief justice and seven other" +"judges). The Parliament has increased this number of other" +"judges progressively to ten in 1956, to thirteen in 1960, to" +"seventeen in 1977, to twenty-five in 1986, to thirty in 2008 and to" +"thirty-three in 2019." +"" +"Appointment of Judges" +"The judges of the Supreme Court are appointed by the president." +"The chief justice is appointed by the president after consultation" +"with such judges of the Supreme Court and high courts as he" +"deems necessary. The other judges are appointed by president" +"after consultation with the chief justice and such other judges of" +"the Supreme Court and the high courts as he deems necessary." +"The consultation with the chief justice is obligatory in the case of" +"appointment of a judge other than Chief justice." +"" +"Controversy over Consultation" +"The Supreme Court has given different interpretation of the word" +"‘consultation’ in the above provision. In the First Judges case" +"(1982), the Court held that consultation does not mean" +"concurrence and it only implies exchange of views. But, in the" +"Second Judges case (1993), the Court reversed its earlier ruling" +"and changed the meaning of the word consultation to" +"concurrence. Hence, it ruled that the advice tendered by the Chief" +"Justice of India is binding on the President in the matters of" +"appointment of the judges of the Supreme Court. But, the Chief" +"Justice would tender his advice on the matter after consulting two" +"of his seniormost colleagues. Similarly, in the Third Judges case2" +"(1998), the Court opined that the consultation process to be" +" adopted by the Chief justice of India requires ‘consultation of" +"plurality judges’. The sole opinion of the chief justice of India does" +"not constitute the consultation process. He should consult a" +"collegium of four seniormost judges of the Supreme Court and" +"even if two judges give an adverse opinion, he should not send" +"the recommendation to the government. The court held that the" +"recommendation made by the chief justice of India without" +"complying with the norms and requirements of the consultation" +"process are not binding on the government." +"The 99th Constitutional Amendment Act of 2014 and the" +"National Judicial Appointments Commission Act of 2014 have" +"replaced the collegium system of appointing judges to the" +"Supreme Court and High Courts with a new body called the" +"National Judicial Appointments Commission (NJAC). However, in" +"2015, the Supreme Court has declared both the 99th" +"Constitutional Amendment as well as the NJAC Act as" +"unconstitutional and void. Consequently, the earlier collegium" +"system became operative again. This verdict was delivered by the" +"Supreme Court in the Fourth Judges case2a (2015). The court" +"opined that the new system (i.e., NJAC) would affect the" +"independence of the judiciary." +"" +"Appointment of Chief" +"Justice From 1950 to 1973, the practice has been to appoint the" +"seniormost judge of the Supreme Court as the chief justice of" +"India. This established convention was violated in 1973 when A.N." +"Ray was appointed as the Chief Justice of India by superseding" +"three senior judges.3 Again in 1977, M.U. Beg was appointed as" +"the chief justice of India by superseding the then senior-most" +"judge.4 This discretion of the government was curtailed by the" +"Supreme Court in the Second Judges Case (1993), in which the" +"Supreme Court ruled that the seniormost judge of the Supreme" +"Court should alone be appointed to the office of the chief justice of" +"India." +" QUALIFICATIONS, OATH AND SALARIES" +"" +"Qualifications of Judges" +"A person to be appointed as a judge of the Supreme Court should" +"have the following qualifications:" +"1. He should be a citizen of India." +"2. (a) He should have been a judge of a High Court (or high" +"courts in succession) for five years; or (b) He should have" +"been an advocate of a High Court (or High Courts in" +"succession) for ten years; or (c) He should be a" +"distinguished jurist in the opinion of the president." +"From the above, it is clear that the Constitution has not" +"prescribed a minimum age for appointment as a judge of the" +"Supreme Court." +"" +"Oath or Affirmation" +"A person appointed as a judge of the Supreme Court, before" +"entering upon his Office, has to make and subscribe an oath or" +"affirmation before the President, or some person appointed by him" +"for this purpose. In his oath, a judge of the Supreme Court" +"swears:" +"1. to bear true faith and allegiance to the Constitution of India;" +"2. to uphold the sovereignty and integrity of India;" +"3. to duly and faithfully and to the best of his ability, knowledge" +"and judgement perform the duties of the Office without fear" +"or favour, affection or ill-will; and" +"4. to uphold the Constitution and the laws." +"" +"Salaries and Allowances" +"The salaries, allowances, privileges, leave and pension of the" +"judges of the Supreme Court are determined from time to time by" +"the Parliament. They cannot be varied to their disadvantage after" +"their appointment except during a financial emergency. In 2018," +"the salary of the chief justice was increased from ₹1 lakh to ₹2.80" +"lakh per month and that of a judge from ₹90,000 to ₹2.50 lakh per" +"month6. They are also paid sumptuary allowance and provided" +" with free accommodation and other facilities like medical, car," +"telephone, etc." +"The retired chief justice and judges are entitled to 50 per cent" +"of their last drawn salary as monthly pension." +" TENURE AND REMOVAL" +"" +"Tenure of Judges" +"The Constitution has not fixed the tenure of a judge of the" +"Supreme Court. However, it makes the following three provisions" +"in this regard:" +"1. He holds office until he attains the age of 65 years. Any" +"question regarding his age is to be determined by such" +"authority and in such manner as provided by Parliament." +"2. He can resign his office by writing to the president." +"3. He can be removed from his office by the President on the" +"recommendation of the Parliament." +"" +"Removal of Judges" +"A judge of the Supreme Court can be removed from his Office by" +"an order of the president. The President can issue the removal" +"order only after an address by Parliament has been presented to" +"him in the same session for such removal.5 The address must be" +"supported by a special majority of each House of Parliament (ie, a" +"majority of the total membership of that House and a majority of" +"not less than two-thirds of the members of that House present and" +"voting). The grounds of removal are two–proved misbehaviour or" +"incapacity." +"The Judges Enquiry Act (1968) regulates the procedure relating" +"to the removal of a judge of the Supreme Court by the process of" +"impeachment:" +"1. A removal motion signed by 100 members (in the case of" +"Lok Sabha) or 50 members (in the case of Rajya Sabha) is" +"to be given to the Speaker/ Chairman." +"2. The Speaker/Chairman may admit the motion or refuse to" +"admit it." +"3. If it is admitted, then the Speaker/ Chairman is to constitute" +"a three-member committee to investigate into the charges." +"4. The committee should consist of (a) the chief justice or a" +"judge of the Supreme Court, (b) a chief justice of a high" +"court, and (c) a distinguished jurist." +" 5. If the committee finds the judge to be guilty of misbehaviour" +"or suffering from an incapacity, the House can take up the" +"consideration of the motion." +"6. After the motion is passed by each House of Parliament by" +"special majority, an address is presented to the president for" +"removal of the judge." +"7. Finally, the president passes an order removing the judge." +"It is interesting to know that no judge of the Supreme Court has" +"been impeached so far. The first case of impeachment is that of" +"Justice V. Ramaswami of the Supreme Court (1991–1993)." +"Though the enquiry Committee found him guilty of misbehaviour," +"he could not be removed as the impeachment motion was" +"defeated in the Lok Sabha. The Congress Party abstained from" +"voting." +" ACTING, ADHOC AND RETIRED JUDGES" +"" +"Acting Chief Justice" +"The President can appoint a judge of the Supreme Court as an" +"acting Chief Justice of India when:" +"1. the office of Chief Justice of India is vacant; or" +"2. the Chief Justice of India is temporarily absent; or" +"3. the Chief Justice of India is unable to perform the duties of" +"his office." +"" +"Ad hoc Judge" +"When there is a lack of quorum of the permanent judges to hold or" +"continue any session of the Supreme Court, the Chief Justice of" +"India can appoint a judge of a High Court as an ad hoc judge of" +"the Supreme Court for a temporary period. He can do so only" +"after consultation with the chief justice of the High Court" +"concerned and with the previous consent of the president. The" +"judge so appointed should be qualified for appointment as a judge" +"of the Supreme Court. It is the duty of the judge so appointed to" +"attend the sittings of the Supreme Court, in priority to other duties" +"of his office. While so attending, he enjoys all the jurisdiction," +"powers and privileges (and discharges the duties) of a judge of" +"the Supreme Court." +"" +"Retired Judge" +"At any time, the chief justice of India can request a retired judge of" +"the Supreme Court or a retired judge of a high court (who is duly" +"qualified for appointment as a judge of the Supreme Court) to act" +"as a judge of the Supreme Court for a temporary period. He can" +"do so only with the previous consent of the president and also of" +"the person to be so appointed. Such a judge is entitled to such" +"allowances as the president may determine. He will also enjoy all" +"the jurisdiction, powers and privileges of a judge of Supreme" +"Court. But, he will not otherwise be deemed to be a judge of the" +"Supreme Court." +" SEAT AND PROCEDURE" +"" +"Seat of Supreme Court" +"The Constitution declares Delhi as the seat of the Supreme Court." +"But, it also authorises the chief justice of India to appoint other" +"place or places as seat of the Supreme Court. He can take" +"decision in this regard only with the approval of the President." +"This provision is only optional and not compulsory. This means" +"that no court can give any direction either to the President or to" +"the Chief Justice to appoint any other place as a seat of the" +"Supreme Court." +"" +"Procedure of the Court" +"The Supreme Court can, with the approval of the president, make" +"rules for regulating generally the practice and procedure of the" +"Court. The Constitutional cases or references made by the" +"President under Article 143 are decided by a Bench consisting of" +"at least five judges. All other cases are decided by single judges" +"and division benches. The judgements are delivered by the open" +"court. All judgements are by majority vote but if differing, then" +"judges can give dissenting judgements or opinions." +" INDEPENDENCE OF SUPREME COURT" +"" +"The Supreme Court has been assigned a very significant role in" +"the Indian democratic political system. It is a federal court, the" +"highest court of appeal, the guarantor of the fundamental rights of" +"the citizens and guardian of the Constitution. Therefore, its" +"independence becomes very essential for the effective discharge" +"of the duties assigned to it. It should be free from the" +"encroachments, pressures and interferences of the executive" +"(council of ministers) and the Legislature (Parliament). It should" +"be allowed to do justice without fear or favour." +"The Constitution has made the following provisions to" +"safeguard and ensure the independent and impartial functioning" +"of the Supreme Court:" +"" +"1. Mode of Appointment" +"The judges of the Supreme Court are appointed by the President" +"(which means the cabinet) in consultation with the members of the" +"judiciary itself (ie, judges of the Supreme Court and the high" +"courts). This provision curtails the absolute discretion of the" +"executive as well as ensures that the judicial appointments are not" +"based on any political or practical considerations." +"" +"2. Security of Tenure" +"The judges of the Supreme Court are provided with the Security of" +"Tenure. They can be removed from office by the President only in" +"the manner and on the grounds mentioned in the Constitution." +"This means that they do not hold their office during the pleasure of" +"the President, though they are appointed by him. This is obvious" +"from the fact that no judge of the Supreme Court has been" +"removed (or impeached) so far." +"" +"3. Fixed Service Conditions" +"The salaries, allowances, privileges, leave and pension of the" +"judges of the Supreme Court are determined from time to time by" +"the Parliament. They cannot be changed to their disadvantage" +"after their appointment except during a financial emergency. Thus," +" the conditions of service of the judges of the Supreme Court" +"remain same during their term of Office." +"" +"4. Expenses Charged on Consolidated Fund" +"The salaries, allowances and pensions of the judges and the staff" +"as well as all the administrative expenses of the Supreme Court" +"are charged on the Consolidated Fund of India. Thus, they are" +"non-votable by the Parliament (though they can be discussed by" +"it)." +"" +"5. Conduct of Judges cannot be Discussed" +"The Constitution prohibits any discussion in Parliament or in a" +"State Legislature with respect to the conduct of the judges of the" +"Supreme Court in the discharge of their duties, except when an" +"impeachment motion is under consideration of the Parliament." +"" +"6. Ban on Practice after Retirement" +"The retired judges of the Supreme Court are prohibited from" +"pleading or acting in any Court or before any authority within the" +"territory of India. This ensures that they do not favour any one in" +"the hope of future favour." +"" +"7. Power to Punish for its Contempt" +"The Supreme Court can punish any person for its contempt. Thus," +"its actions and decisions cannot be criticised and opposed by any" +"body. This power is vested in the Supreme Court to maintain its" +"authority, dignity and honour." +"" +"8. Freedom to Appoint its Staff" +"The Chief Justice of India can appoint officers and servants of the" +"Supreme Court without any interference from the executive. He" +"can also prescribe their conditions of service." +"" +"9. Its Jurisdiction cannot be Curtailed" +"The Parliament is not authorised to curtail the jurisdiction and" +"powers of the Supreme Court. The Constitution has guaranteed to" +"the Supreme Court, jurisdiction of various kinds. However, the" +"Parliament can extend the same." +" 10. Separation from Executive" +"The Constitution directs the State to take steps to separate the" +"Judiciary from the Executive in the public services. This means" +"that the executive authorities should not possess the judicial" +"powers. Consequently, upon its implementation, the role of" +"executive authorities in judicial administration came to an end.7" +" JURISDICTION AND POWERS OF SUPREME COURT" +"" +"The Constitution has conferred a very extensive jurisdiction and" +"vast powers on the Supreme Court. It is not only a Federal Court" +"like the American Supreme Court but also a final court of appeal" +"like the British House of Lords (the Upper House of the British" +"Parliament). It is also the final interpreter and guardian of the" +"Constitution and guarantor of the fundamental rights of the" +"citizens. Further, it has advisory and supervisory powers." +"Therefore, Alladi Krishnaswamy Ayyar, a member of the Drafting" +"Committee of the Constitution, rightly remarked: “The Supreme" +"Court of India has more powers than any other Supreme Court in" +"any part of the world.” The jurisdiction and powers of the Supreme" +"Court can be classified into the following:" +"1. Original Jurisdiction." +"2. Writ Jurisdiction." +"3. Appellate Jurisdiction." +"4. Advisory Jurisdiction." +"5. A Court of Record." +"6. Power of Judicial Review." +"7. Constitutional Interpretation" +"8. Other Powers." +"" +"1. Original Jurisdiction" +"As a federal court, the Supreme Court decides the disputes" +"between different units of the Indian Federation. More elaborately," +"any dispute:" +"(a) Between the Centre and one or more states; or" +"(b) Between the Centre and any state or states on one side and" +"one or more other states on the other side; or" +"(c) Between two or more states." +"In the above federal disputes, the Supreme Court has exclusive" +"original jurisdiction. Exclusive means, no other court can decide" +"such disputes and original means, the power to hear such" +"disputes in the first instance, not by way of appeal." +"With regard to the exclusive original jurisdiction of the Supreme" +"Court, two points should be noted. One, the dispute must involve" +" a question (whether of law or fact) on which the existence or" +"extent of a legal right depends. Thus, the questions of political" +"nature are excluded from it. Two, any suit brought before the" +"Supreme Court by a private citizen against the Centre or a state" +"cannot be entertained under this." +"Further, this jurisdiction of the Supreme Court does not extend" +"to the following:" +"(a) A dispute arising out of any pre-Constitution treaty," +"agreement, covenant, engagement, sanad or other similar" +"instrument.8" +"(b) A dispute arising out of any treaty, agreement, etc., which" +"specifically provides that the said jurisdiction does not extent" +"to such a dispute.9" +"(c) Inter-state water disputes.10" +"(d) Matters referred to the Finance Commission." +"(e) Adjustment of certain expenses and pensions between the" +"Centre and the states." +"(f) Ordinary dispute of Commercial nature between the Centre" +"and the states." +"(g) Recovery of damages by a state against the Centre." +"In 1961, the first suit, under the original jurisdiction of the" +"Supreme Court, was brought by West Bengal against the Centre." +"The State Government challenged the Constitutional validity of the" +"Coal Bearing Areas (Acquisition and Development) Act, 1957," +"passed by the Parliament. However, the Supreme Court" +"dismissed the suit by upholding the validity of the Act." +"" +"2. Writ Jurisdiction" +"The Constitution has constituted the Supreme Court as the" +"guarantor and defender of the fundamental rights of the citizens." +"The Supreme Court is empowered to issue writs including habeas" +"corpus, mandamus, prohibition, quo warranto and certiorari for the" +"enforcement of the fundamental rights of an aggrieved citizen. In" +"this regard, the Supreme Court has original jurisdiction in the" +"sense that an aggrieved citizen can directly go to the Supreme" +"Court, not necessarily by way of appeal. However, the writ" +"jurisdiction of the Supreme Court is not exclusive. The high courts" +" are also empowered to issue writs for the enforcement of the" +"Fundamental Rights. It means, when the Fundamental Rights of a" +"citizen are violated, the aggrieved party has the option of moving" +"either the high court or the Supreme Court directly." +"Therefore, the original jurisdiction of the Supreme Court with" +"regard to federal disputes is different from its original jurisdiction" +"with regard to disputes relating to fundamental rights. In the first" +"case, it is exclusive and in the second case, it is concurrent with" +"high courts jurisdiction. Moreover, the parties involved in the first" +"case are units of the federation (Centre and states) while the" +"dispute in the second case is between a citizen and the" +"Government (Central or state)." +"There is also a difference between the writ jurisdiction of the" +"Supreme Court and that of the high court. The Supreme Court can" +"issue writs only for the enforcement of the Fundamental Rights" +"and not for other purposes. The high court, on the other hand, can" +"issue writs not only for the enforcement of the fundamental rights" +"but also for other purposes. It means that the writ jurisdiction of" +"the high court is wider than that of the Supreme Court. But, the" +"Parliament can confer on the Supreme Court, the power to issue" +"writs for other purposes also." +"" +"3. Appellate Jurisdiction" +"As mentioned earlier, the Supreme Court has not only succeeded" +"the Federal Court of India but also replaced the British Privy" +"Council as the highest court of appeal. The Supreme Court is" +"primarily a court of appeal and hears appeals against the" +"judgements of the lower courts. It enjoys a wide appellate" +"jurisdiction which can be classified under four heads:" +"(a) Appeals in constitutional matters." +"(b) Appeals in civil matters." +"(c) Appeals in criminal matters." +"(d) Appeals by special leave." +"" +"(a) Constitutional Matters" +"In the constitutional cases, an appeal can be made to the" +"Supreme Court against the judgement of a high court if the high" +"court certifies that the case involves a substantial question of law" +" that requires the interpretation of the Constitution. Based on the" +"certificate, the party in the case can appeal to the Supreme Court" +"on the ground that the question has been wrongly decided." +"" +"(b) Civil Matters" +"In civil cases, an appeal lies to the Supreme Court from any" +"judgement of a high court if the high court certifies–" +"(i) that the case involves a substantial question of law of general" +"importance; and" +"(ii) that the question needs to be decided by the Supreme Court." +"Originally, only those civil cases that involved a sum of ₹20,000" +"could be appealed before the Supreme Court. But this monetary" +"limit was removed by the 30th Constitutional Amendment Act of" +"1972" +"" +"(c) Criminal Matters" +"The Supreme Court hears appeals against the judgement in a" +"criminal proceeding of a high court if the high court–" +"(i) has on appeal reversed an order of acquittal of an accused" +"person and sentenced him to death; or" +"(ii) has taken before itself any case from any subordinate court" +"and convicted the accused person and sentenced him to" +"death; or" +"(iii) certifies that the case is a fit one for appeal to the Supreme" +"Court." +"In the first two cases, an appeal lies to the Supreme Court as a" +"matter of right (ie, without any certificate of the high court). But if" +"the high court has reversed the order of conviction and has" +"ordered the acquittal of the accused, there is no right to appeal to" +"the Supreme Court." +"In 1970, the Parliament had enlarged the Criminal Appellate" +"Jurisdiction of the Supreme Court. Accordingly, an appeal lies to" +"the Supreme Court from the judgement of a high court if the high" +"court:" +"(i) has on appeal, reversed an order of acquittal of an accused" +"person and sentenced him to imprisonment for life or for ten" +"years; or" +"(ii) has taken before itself any case from any subordinate court" +"and convicted the accused person and sentenced him to" +" imprisonment for life or for ten years." +"Further, the appellate jurisdiction of the Supreme Court extends" +"to all civil and criminal cases in which the Federal Court of India" +"had jurisdiction to hear appeals from the high court but which are" +"not covered under the civil and criminal appellate jurisdiction of" +"the Supreme Court mentioned above." +"" +"(d) Appeal by Special Leave" +"The Supreme Court is authorised to grant in its discretion special" +"leave to appeal from any judgement in any matter passed by any" +"court or tribunal in the country (except military tribunal and court" +"martial). This provision contains the four aspects as under:" +"(i) It is a discretionary power and hence, cannot be claimed as a" +"matter of right." +"(ii) It can be granted in any judgement whether final or" +"interlocutory." +"(iii) It may be related to any matter–constitutional, civil, criminal," +"income-tax, labour, revenue, advocates, etc." +"(iv) It can be granted against any court or tribunal and not" +"necessarily against a high court (of course, except a military" +"court)." +"Thus, the scope of this provision is very wide and it vests the" +"Supreme Court with a plenary jurisdiction to hear appeals. On the" +"exercise of this power, the Supreme Court itself held that ‘being" +"an exceptional and overriding power, it has to be exercised" +"sparingly and with caution and only in special extraordinary" +"situations. Beyond that it is not possible to fetter the exercise of" +"this power by any set formula or rule’." +"" +"4. Advisory Jurisdiction" +"The Constitution (Article 143) authorises the president to seek the" +"opinion of the Supreme Court in the two categories of matters:" +"(a) On any question of law or fact of public importance which" +"has arisen or which is likely to arise." +"(b) On any dispute arising out of any pre-constitution treaty," +"agreement, covenant, engagement, sanad or other similar" +"instruments.11" +" In the first case, the Supreme Court may tender or may refuse" +"to tender its opinion to the president. But, in the second case, the" +"Supreme Court ‘must’ tender its opinion to the president. In both" +"the cases, the opinion expressed by the Supreme Court is only" +"advisory and not a judicial pronouncement. Hence, it is not" +"binding on the president; he may follow or may not follow the" +"opinion. However, it facilitates the government to have an" +"authoritative legal opinion on a matter to be decided by it." +"So far (2019), the President has made fifteen references to the" +"Supreme Court under its advisory jurisdiction (also known as" +"consultative jurisdiction). These are mentioned below in the" +"chronological order." +"1. Delhi Laws Act in 1951" +"2. Kerala Education Bill in 1958" +"3. Berubari Union in 1960" +"4. Sea Customs Act in 1963" +"5. Keshav Singh’s case relating to the privileges of the" +"Legislature in 1964" +"6. Presidential Election in 1974" +"7. Special Courts Bill in 1978" +"8. Jammu and Kashmir Resettlement Act in 1982" +"9. Cauvery Water Disputes Tribunal in 1992" +"10. Rama Janma Bhumi case in 1993" +"11. Consultation process to be adopted by the chief justice of" +"India in 1998" +"12. Legislative competence of the Centre and States on the" +"subject of natural gas and liquefied natural gas in 2001" +"13. The constitutional validity of the Election Commission’s" +"decision on deferring the Gujarat Assembly Elections in" +"2002" +"14. Punjab Termination of Agreements Act in 2004" +"15. 2G spectrum case verdict and the mandatory auctioning of" +"natural resources across all sectors in 2012" +"" +"5. A Court of Record" +"As a Court of Record, the Supreme Court has two powers:" +"(a) The judgements, proceedings and acts of the Supreme Court" +"are recorded for perpetual memory and testimony. These" +" records are admitted to be of evidentiary value and cannot be" +"questioned when produced before any court. They are" +"recognised as legal precedents and legal references." +"(b) It has power to punish for contempt of court, either with" +"simple imprisonment for a term up to six months or with fine" +"up to ₹2,000 or with both. In 1991, the Supreme Court has" +"ruled that it has power to punish for contempt not only of" +"itself but also of high courts, subordinate courts and tribunals" +"functioning in the entire country." +"Contempt of court may be civil or criminal. Civil contempt" +"means wilful disobedience to any judgement, order, writ or other" +"process of a court or wilful breach of an undertaking given to a" +"court. Criminal contempt means the publication of any matter or" +"doing an act which–(i) scandalises or lowers the authority of a" +"court; or (ii) prejudices or interferes with the due course of a" +"judicial proceeding; or (iii) interferes or obstructs the" +"administration of justice in any other manner." +"However, innocent publication and distribution of some matter," +"fair and accurate report of judicial proceedings, fair and" +"reasonable criticism of judicial acts and comment on the" +"administrative side of the judiciary do not amount to contempt of" +"court." +"" +"6. Power of Judicial Review" +"Judicial review is the power of the Supreme Court to examine the" +"constitutionality of legislative enactments and executive orders of" +"both the Central and state governments. On examination, if they" +"are found to be violative of the Constitution (ultra-vires), they can" +"be declared as illegal, unconstitutional and invalid (null and void)" +"by the Supreme Court. Consequently, they cannot be enforced by" +"the Government." +"" +"7. Constitutional Interpretation" +"The Supreme Court is the ultimate interpreter of the Constitution." +"It can give final version to the spirit and content of the provisions" +"of the constitution and the verbiage used in the constitution." +" While interpreting the constitution, the Supreme Court is guided" +"by a number of doctrines. In other words, the Supreme Court" +"applies various doctrines in interpreting the constitution. The" +"important doctrines are mentioned below:" +"1. Doctrine of Severability" +"2. Doctrine of Waiver" +"3. Doctrine of Eclipse" +"4. Doctrine of Territorial Nexus" +"5. Doctrine of Pith and Substance" +"6. Doctrine of Colourable Legislation" +"7. Doctrine of Implied Powers" +"8. Doctrine of Incidental and Ancillary Powers" +"9. Doctrine of Precedent" +"10. Doctrine of Occupied Field" +"11. Doctrine of Prospective Overruling" +"12. Doctrine of Harmonious Construction" +"13. Doctrine of Liberal Interpretation" +"" +"8. Other Powers" +"Besides the above, the Supreme Court has numerous other" +"powers:" +"(a) It decides the disputes regarding the election of the president" +"and the vicepresident. In this regard, it has the original," +"exclusive and final authority." +"(b) It enquires into the conduct and behaviour of the chairman" +"and members of the Union Public Service Commission on a" +"reference made by the president. If it finds them guilty of" +"misbehaviour, it can recommend to the president for their" +"removal. The advice tendered by the Supreme Court in this" +"regard is binding on the President." +"(c) It has power to review its own judgement or order. Thus, it is" +"not bound by its previous decision and can depart from it in" +"the interest of justice or community welfare. In brief, the" +"Supreme Court is a self-correcting agency. For example, in" +"the Kesavananda Bharati case (1973), the Supreme Court" +"departed from its previous judgement in the Golak Nath case" +"(1967)." +" (d) It is authorised to withdraw the cases pending before the" +"high courts and dispose them by itself. It can also transfer a" +"case or appeal pending before one high court to another high" +"court." +"(e) Its law is binding on all courts in India. Its decree or order is" +"enforceable throughout the country. All authorities (civil and" +"judicial) in the country should act in aid of the Supreme" +"Court." +"(f) It has power of judicial superintendence and control over all" +"the courts and tribunals functioning in the entire territory of" +"the country." +"The Supreme Court’s jurisdiction and powers with respect to" +"matters in the Union list can be enlarged by the Parliament." +"Further, its jurisdiction and powers with respect to other matters" +"can be enlarged by a special agreement of the Centre and the" +"states." +" SUPREME COURT ADVOCATES" +"Three categories of Advocates are entitled to practice law before" +"the Supreme Court. They are:" +"" +"1. Senior Advocates" +"These are Advocates who are designated as Senior Advocates by" +"the Supreme Court of India or by any High Court. The Court can" +"designate any Advocate, with his consent, as Senior Advocate if" +"in its opinion by virtue of his ability, standing at the Bar or special" +"knowledge or experience in law the said Advocate is deserving of" +"such distinction. A Senior Advocate is not entitled to appear" +"without an Advocate-on-Record in the Supreme Court or without a" +"junior in any other court or tribunal in India. He is also not entitled" +"to accept instructions to draw pleadings or affidavits, advise on" +"evidence or do any drafting work of an analogous kind in any" +"court or tribunal in India or undertake conveyancing work of any" +"kind whatsoever but this prohibition shall not extend to settling any" +"such matter as aforesaid in consultation with a junior." +"" +"2. Advocates-on-Record" +"Only these advocates are entitled to file any matter or document" +"before the Supreme Court. They can also file an appearance or" +"act for a party in the Supreme Court." +"" +"3. Other Advocates" +"These are advocates whose names are entered on the roll of any" +"State Bar Council maintained under the Advocates Act, 1961 and" +"they can appear and argue any matter on behalf of a party in the" +"Supreme Court but they are not entitled to file any document or" +"matter before the Court." +"" +"Table 26.1 Comparing Indian and American Supreme Courts" +"Indian Supreme Court American Supreme Court" +"1. Its original jurisdiction is 1. Its original jurisdiction covers" +"confined to federal cases. not only federal cases but" +"also cases relating to naval" +" forces, maritime activities," +"ambassadors, etc." +"2. Its appellate jurisdiction 2. Its appellate jurisdiction is" +"covers constitutional, civil confined to constitutional" +"and criminal cases. cases only." +"3. It has a very wide discretion 3. It has no such plenary" +"to grant special leave to power." +"appeal in any matter against" +"the judgement of any court" +"or tribunal (except military)." +"4. It has advisory jurisdiction. 4. It has no advisory" +"jurisdiction." +"5. Its scope of judicial review is 5. Its scope of judicial review is" +"limited. very wide." +"6. It defends rights of the 6. It defends rights of the" +"citizen according to the citizen according to the ‘due" +"‘procedure established by process of law’." +"law’." +"7. Its jurisdiction and powers 7. Its jurisdiction and powers" +"can be enlarged by are limited to that conferred" +"Parliament. by the Constitution." +"8. It has power of judicial 8. It has no such power due to" +"superintendence and control double (or separated) judicial" +"over state high courts due to system." +"integrated judicial system." +"" +"Table 26.2 Articles Related to Supreme Court at a Glance" +"Article No. Subject Matter" +"124. Establishment and Constitution of Supreme Court" +"124A. National Judicial Appointments Commission" +"124B. Functions of Commission" +"124C. Power of Parliament to make law" +"125. Salaries, etc., of Judges" +" 126. Appointment of acting Chief Justice" +"127. Appointment of ad hoc Judges" +"128. Attendance of retired Judges at sittings of the" +"Supreme Court" +"129. Supreme Court to be a court of record" +"130. Seat of Supreme Court" +"131. Original jurisdiction of the Supreme Court" +"131A. Exclusive jurisdiction of the Supreme Court in" +"regard to questions as to constitutional validity of" +"Central Laws (Repealed)" +"132. Appellate jurisdiction of Supreme Court in" +"appeals from High Courts in certain cases" +"133. Appellate jurisdiction of Supreme Court in" +"appeals from High Courts in regard to civil" +"matters" +"134. Appellate jurisdiction of Supreme Court in regard" +"to criminal matters" +"134A. Certificate for appeal to the Supreme Court" +"135. Jurisdiction and powers of the Federal Court" +"under existing law to be exercisable by the" +"Supreme Court" +"136. Special leave to appeal by the Supreme Court" +"137. Review of judgments or orders by the Supreme" +"Court" +"138. Enlargement of the jurisdiction of the Supreme" +"Court" +"139. Conferment on the Supreme Court of powers to" +"issue certain writs" +"139A. Transfer of certain cases" +"140. Ancillary powers of Supreme Court" +"141. Law declared by Supreme Court to be binding on" +"all courts" +" 142. Enforcement of decrees and orders of Supreme" +"Court and orders as to discovery, etc." +"143. Power of President to consult Supreme Court" +"144. Civil and judicial authorities to act in aid of the" +"Supreme Court" +"144A. Special provisions as to disposal of questions" +"relating to constitutional validity of laws" +"(Repealed)" +"145. Rules of court, etc." +"146. Officers and servants and the expenses of the" +"Supreme Court" +"147. Interpretation" +"" +"" +"NOTES AND REFERENCES" +"1. Before 1950, the British Privy Council had the" +"jurisdiction to hear appeals from India." +"2. In Re-Presidential Reference (1998). The president" +"sought the Supreme Court’s opinion (under Article 143)" +"on certain doubts over the Consultation process to be" +"adopted by the chief justice of India as stipulated in the" +"1993 case." +"2a. Supreme Court Advocates-on-Record Association and" +"another Vs. Union of India (2015)." +"3. A.N. Ray was fourth in seniority. The three superseded" +"judges were J.M. Shelat, K.S. Hegde and A.N. Grover." +"All the three judges resigned from the Supreme Court." +"They were superseded due to their judgement in" +"Kesavananda Bharati case (1973), which was not" +"favourable to the Government." +"4. He was H.R. Khanna and he too resigned. His" +"dissenting judgement upholding the right to life even" +"during emergency in the ADM Jabalpur v Shivkant" +"Shukla case (1976) was not appreciated by the" +"Government." +" 5. An impeachment motion for the removal of a judge does" +"not lapse on the dissolution of the Lok Sabha." +"6. In 1950, their salaries were fixed at ₹5,000 per month" +"and ₹4,000 per month respectively. In 1986, their" +"salaries were raised to ₹10,000 per month and ₹9,000" +"per month respectively. In 1998, their salaries were" +"raised to ₹33,000 per month and ₹30,000 per month" +"respectively. In 2009, their salaries were raised to ₹1" +"lakh per month and ₹90,000 per month respectively." +"7. The Criminal Procedure Code (1973) has effected the" +"separation of Judiciary from the Executive (Article 50" +"under the Directive Principles of State Policy)." +"8. Pre-Constitution means that, which have been entered" +"into or executed before the commencement of the" +"Constitution and which continues to be in operation after" +"such commencement." +"9. This means that the inter-government agreements (i.e.," +"the agreements between states or between Centre and" +"states) can exclude the original jurisdiction of the" +"Supreme Court in so far as the disputes arising out of" +"them are concerned." +"10. The Inter-State Water Disputes Act of 1956 has" +"excluded the original jurisdiction of the Supreme Court" +"in disputes between states with respect to the use," +"distribution or control of the water of inter-state river or" +"river valley." +"11. These include treaties, covenants, etc. between the" +"Central Government and the formerly princely states" +"during 1947 to 1950." +" 27 Judicial Review" +"" +"" +"" +"" +"T" +"he doctrine of judicial review originated and developed in" +"the USA. It was propounded for the first time in the famous" +"case of Marbury versus Madison (1803) by John Marshall," +"the then chief justice of the American Supreme Court." +"In India, on the other hand, the Constitution itself confers the" +"power of judicial review on the judiciary (both the Supreme Court" +"as well as High Courts). Further, the Supreme Court has declared" +"the power of judicial review as a basic feature of the Constitution" +"or an element of the basic structure of the Constitution. Hence," +"the power of judicial review cannot be curtailed or excluded even" +"by a constitutional amendment." +" MEANING OF JUDICIAL REVIEW" +"" +"Judicial review is the power of the judiciary to examine the" +"constitutionality of legislative enactments and executive orders of" +"both the Central and State governments. On examination, if they" +"are found to be violative of the Constitution (ultra vires), they can" +"be declared as illegal, unconstitutional and invalid (null and void)" +"by the judiciary. Consequently, they cannot be enforced by the" +"Government." +"Justice Syed Shah Mohamed Quadri has classified the judicial" +"review into the following three categories1 :" +"1. Judicial review of constitutional amendments." +"2. Judicial review of legislation of the Parliament and State" +"Legislatures and subordinate legislations." +"3. Judicial review of administrative action of the Union and" +"State and authorities under the state." +"The Supreme Court used the power of judicial review in various" +"cases, as for example, the Golaknath case (1967), the Bank" +"Nationalisation case (1970), the Privy Purses Abolition case" +"(1971), the Kesavananda Bharati case (1973), the Minerva Mills" +"case (1980), and so on." +"In 2015, the Supreme Court declared both the 99th" +"Constitutional Amendment, 2014 and the National Judicial" +"Appointments Commission (NJAC) Act, 2014 as unconstitutional" +"and null and void." +" IMPORTANCE OF JUDICIAL REVIEW" +"Judicial review is needed for the following reasons:" +"(a) To uphold the principle of the supremacy of the Constitution." +"(b) To maintain federal equilibrium (balance between the Centre" +"and the states)." +"(c) To protect the Fundamental Rights of the citizens." +"In a number of cases, the Supreme Court has pointed out the" +"significance of the power of judicial review in our country. Some of" +"the observations made by it, in this regard, are given below:" +"“In India it is the Constitution that is supreme and that a statute" +"law to be valid, must be in conformity with the constitutional" +"requirements and it is for the judiciary to decide whether any" +"enactment is constitutional or not”.2" +"“Our constitution contains express provisions for judicial review" +"of legislation as to its conformity with the constitution. This is" +"especially true as regards the Fundamental Rights, to which the" +"court has been assigned the role of sentinel on the qui vive”.3" +"“As long as some Fundamental Rights exist and are a part of" +"the Constitution, the power of judicial review has also to be" +"exercised with a view to see that the guarantees afforded by these" +"Rights are not contravened”.4" +"“The Constitution is supreme lex, the permanent law of the" +"land, and there is no branch of government above it. Every organ" +"of government, be it the executive or the legislature of the" +"judiciary, derives its authority from the Constitution and it has to" +"act within the limits of its authority. No one however highly placed" +"and no authority howsoever lofty, can claim that it shall be the sole" +"judge of the extent of its power under the Constitution or whether" +"its action is within the confines of such power laid down by the" +"constitution. This Court is the ultimate interpreter of the" +"Constitution and to this Court is assigned the delicate task of" +"determining what is the power conferred on each branch of" +"government, whether it is limited, and if so, what are the limits and" +"whether any action of that branch transgresses such limits”.5" +"“It is the function of the Judges, may their duty, to pronounce" +"upon the validity of laws. If courts are totally deprived of that" +" power, the Fundamental Rights conferred on the people will" +"become a mere adornment because rights without remedies are" +"as writ in water. A controlled Constitution will then become" +"uncontrolled”.6" +"“The judges of the Supreme Court have been entrusted with" +"the task of upholding the Constitution and to this end, have been" +"conferred the power to interpret it. It is they who have to ensure" +"that the balance of power envisaged by the Constitution is" +"maintained and that the legislature and the executive do not, in" +"the discharge of their functions, transgress constitutional" +"limitations”7 ." +"“The founding fathers very wisely, therefore, incorporated in the" +"Constitution itself the provisions of judicial review so as to" +"maintain the balance of federalism, to protect the Fundamental" +"Rights and Fundamental Freedoms guaranteed to the citizens and" +"to afford a useful weapon for availability, availment and enjoyment" +"of equality, liberty and Fundamental Freedoms and to help to" +"create a healthy nationalism. The function of judicial review is a" +"part of the constitutional interpretation itself. It adjusts the" +"Constitution to meet new conditions and needs of the time”.8" +" CONSTITUTIONAL PROVISIONS FOR JUDICIAL" +"REVIEW" +"" +"Though the phrase ‘Judicial Review’ has nowhere been used in" +"the Constitution, the provisions of several Articles explicitly confer" +"the power of judicial review on the Supreme Court and the High" +"Courts. These provisions are explained below:" +"1. Article 13 declares that all laws that are inconsistent with or" +"in derogation of the Fundamental Rights shall be null and" +"void." +"2. Article 32 guarantees the right to move the Supreme Court" +"for the enforcement of the Fundamental Rights and" +"empowers the Supreme Court to issue directions or orders" +"or writs for that purpose." +"3. Article 131 provides for the original jurisdiction of the" +"Supreme Court in centre-state and inter-state disputes." +"4. Article 132 provides for the appellate jurisdiction of the" +"Supreme Court in constitutional cases." +"5. Article 133 provides for the appellate jurisdiction of the" +"Supreme Court in civil cases." +"6. Article 134 provides for the appellate jurisdiction of the" +"Supreme Court in criminal cases." +"7. Article 134-A deals with the certificate for appeal to the" +"Supreme Court from the High Courts.9" +"8. Article 135 empowers the Supreme Court to exercise the" +"jurisdiction and powers of the Federal Court under any" +"preconstitution law." +"9. Article 136 authorises the Supreme Court to grant special" +"leave to appeal from any court or tribunal (except military" +"tribunal and court martial)." +"10. Article 143 authorises the President to seek the opinion of" +"the Supreme Court on any question of law or fact and on" +"any pre-constitution legal matters." +"11. Article 226 empowers the High Courts to issue directions or" +"orders or writs for the enforcement of the Fundamental" +"Rights and for any other purpose." +" 12. Article 227 vests in the High Courts the power of" +"superintendence over all courts and tribunals within their" +"respective territorial jurisdictions (except military courts or" +"tribunals)." +"13. Article 245 deals with the territorial extent of laws made by" +"Parliament and by the Legislatures of States." +"14. Article 246 deals with the subject matter of laws made by" +"Parliament and by the Legislatures of States (i.e., Union List," +"State List and Concurrent List)." +"15. Articles 251 and 254 provide that in case of a conflict" +"between the central law and state law, the central law" +"prevails over the state law and the state law shall be void." +"16. Article 372 deals with the continuance in force of the pre-" +"constitution laws." +" SCOPE OF JUDICIAL REVIEW" +"" +"The constitutional validity of a legislative enactment or an" +"executive order can be challenged in the Supreme Court or in the" +"High Courts on the following three grounds." +"(a) it infringes the Fundamental Rights (Part III)," +"(b) it is outside the competence of the authority which has" +"framed it, and" +"(c) it is repugnant to the constitutional provisions." +"From the above, it is clear that the scope of judicial review in" +"India is narrower than what exists in the USA, though the" +"American Constitution does not explicitly mention the concept of" +"judicial review in any of its provisions. This is because, the" +"American Constitution provides for ‘due process of law’ against" +"that of ‘procedure established by law’ which is contained in the" +"Indian Constitution. The difference between the two is: “The due" +"process of law gives wide scope to the Supreme Court to grant" +"protection to the rights of its citizens. It can declare laws violative" +"of these rights void not only on substantive grounds of being" +"unlawful, but also on procedural grounds of being unreasonable." +"Our Supreme Court, while determining the constitutionality of a" +"law, however examines only the substantive question i.e., whether" +"the law is within the powers of the authority concerned or not. It is" +"not expected to go into the question of its reasonableness," +"suitability or policy implications”.10" +"The exercise of wide power of judicial review by the American" +"Supreme Court in the name of ‘due process of law’ clause has" +"made the critics to describe it as a ‘third chamber’ of the" +"Legislature, a super-legislature, the arbiter of social policy and so" +"on. This American principle of judicial supremacy is also" +"recognised in our constitutional system, but to a limited extent." +"Nor do we fully follow the British Principle of parliamentary" +"supremacy. There are many limitations on the sovereignty of" +"Parliament in our country, like the written character of the" +"Constitution, the federalism with division of powers, the" +"Fundamental Rights and the judicial review. In effect, what exists" +"in India is a synthesis of both, that is, the American principle of" +" judicial supremacy and the British principle of parliamentary" +"supremacy." +" JUDICIAL REVIEW OF THE NINTH SCHEDULE" +"" +"Article 31B saves the acts and regulations included in the Ninth" +"Schedule from being challenged and invalidated on the ground of" +"contravention of any of the Fundamental Rights. Article 31B along" +"with the Ninth Schedule was added by the 1st Constitutional" +"Amendment Act of 1951." +"Originally (in 1951), the Ninth Schedule contained only 13 acts" +"and regulations but at present (in 2016) their number is 282.11 Of" +"these, the acts and regulations of the state legislature deal with" +"land reforms and abolition of the zamindari system and that of the" +"Parliament deal with other matters." +"However, in a significant judgement delivered in I.R. Coelho" +"case (2007)12 , the Supreme Court ruled that there could not be" +"any blanket immunity from judicial review of laws included in the" +"Ninth Schedule. The court held that judicial review is a ‘basic" +"feature’ of the constitution and it could not be taken away by" +"putting a law under the Ninth Schedule. It said that the laws" +"placed under the Ninth Schedule after April 24, 1973, are open to" +"challenge in court if they violated Fundamental Rights guaranteed" +"under the Articles 14, 15, 19 and 21 or the ‘basic structure’ of the" +"Constitution. It was on April 24, 1973, that the Supreme Court first" +"propounded the doctrine of ‘basic structure’ or ‘basic features’ of" +"the constitution in its landmark verdict in the Kesavananda Bharati" +"case.13" +"While delivering the above judgement, the Supreme Court" +"made the following conclusions:" +"1. A law that abrogates or abridges rights guaranteed by Part" +"III of the Constitution may violate the basic structure" +"doctrine, or it may not. If former is the consequence of law," +"whether by an amendment of any Article of Part III or by an" +"insertion in the Ninth Schedule, such law will have to be" +"invalidated in the exercise of judicial review power of the" +"Court. The constitutional validity of the Ninth Schedule laws" +"on the touchstone of basic structure doctrine can be" +"adjudged by applying the direct impact and effect test, i.e.," +"rights test, which means the form of an amendment is not" +" the relevant factor, but the consequence thereof would be" +"the determinative factor." +"2. The majority judgement in the Kesavanand Bharati Case14" +"read with Indira Gandhi case15 requires the validity of each" +"new constitutional Amendment to be judged on its own" +"merits. The actual effect and impact of the law on the rights" +"guaranteed under Part III has to be taken into account for" +"determining whether or not it destroys basic structure. The" +"impact test would determine the validity of the challenge." +"3. All amendments to the Constitution made on or after 24th" +"April, 1973 by which the Ninth Schedule is amended by" +"inclusion of various laws therein shall have to be tested on" +"the touchstone of the basic or essential features of the" +"Constitution as reflected in Article 21 read with Articles 14" +"and 19 and the principles underlying them. To put it" +"differently, even though an act is put in the Ninth Schedule" +"by a Constitutional Amendment, its provisions would be" +"open to attack on the ground that they destroy or damage" +"the basic structure if the Fundamental Right or rights taken" +"away or abrogated pertains or pertain to the basic structure." +"4. Justification for conferring protection, not blanket protection," +"on the laws included in the Ninth Schedule by Constitutional" +"Amendments shall be a matter of constitutional adjudication" +"by examining the nature and extent of infraction of a" +"Fundamental Right by a statute, sought to be constitutionally" +"protected, and on the touchstone of the basic structure" +"doctrine as reflected in Article 21 read with Articles 14 and" +"19 by application of the “rights test” and the “essence of the" +"right” test taking the synoptic view of the articles in Part III as" +"held in the Indira Gandhi Case.16 Applying the above test to" +"the Ninth Schedule laws, if the infraction affects the basic" +"structure, then such a law or laws will not get the protection" +"of the Ninth Schedule. When the triangle of Article 21 read" +"with Article 14 and Article 19 is sought to be eliminated not" +"only the “essence of the right” test but also the “rights test”" +"has to apply. There is also a difference between the “rights" +"test” and the “essence of the right” test. Both form part of" +"application of the basic structure doctrine. When in a" +" controlled constitution conferring limited power of" +"amendment, an entire chapter is made in applicable, the" +"“essence of the right” test as applied in Nagaraj case17 will" +"have no applicability. In such a situation, to judge the validity" +"of the law, it is the “rights test” which is more appropriate." +"5. If the validity of any Ninth Schedule law has already been" +"upheld by this Court, it would not be open to challenge such" +"law again on the principles declared by this judgment." +"However, if a law held to be violative of any rights in Part III" +"is subsequently incorporated in the Ninth Schedule after 24th" +"April, 1973, such a violation / infraction shall be open to" +"challenge on the ground that it destroys or damages the" +"basic structure as indicated in Article 21 read with Articles 14" +"and 19 and the principles underlying them." +"6. Action taken and transactions finalized as a result of the" +"impugned Acts shall not be open to challenge." +"The number of acts and regulations included in the Ninth" +"Schedule before and after April 24, 1973 are mentioned below in" +"Table 27.1." +"" +"Table 27.1 Number of Acts and Regulations Included in the Ninth" +"Schedule" +"Serial Amendment Number Number of Acts" +"Number (Year) and Regulations" +"Included in the" +"Ninth Schedule" +"I. Included Before April 24, 1973" +"1. First Amendment (1951) 13 (1 to 13)" +"2. Fourth Amendment (1955) 7 (14 to 20)" +"3. Seventh Amendment (1964) 44 (21 to 64)" +"4. Twenty-Ninth Amendment 2 (65 to 66)" +"(1972)" +"II. Included After April 24, 1973" +"5. Thirty-Fourth Amendment 20 (67 to 86)" +"(1974)" +" 6. Thirty-Ninth Amendment 38 (87 to 124)" +"(1975)" +"7. Fortieth Amendment (1976) 64 (125 to 188)" +"8. Forty-Seventh Amendment 14 (189 to 202)" +"(1984)" +"9. Sixty-Sixth Amendment 55 (203 to 257)" +"(1990)" +"10. Seventy-Sixth Amendment 1 (257A)" +"(1994)" +"11. Seventy-Eighth Amendment 27 (258 to 284)" +"(1995)" +"Note: Entries 87, 92 and 130 have been omitted by the Forty-" +"Fourth Amendment (1978)." +"" +"" +"NOTES AND REFERENCES" +"1. Justice Syed Shah Mohamed Quadri, “Judicial Review" +"of Administrative Action”, 2001, 6 SCC (J), p. 3." +"2. Chief Justice Kania in A.K. Gopalan v. State of Madras" +"(1950)." +"3. Chief Justice Patanjali Shastri in State of Madras v. V.G." +"Row (1952)." +"4. Justice Khanna in Kesavananda Bharati v. State of" +"Kerala (1973)." +"5. Justice Bhagwati in Rajasthan v. Union of India (1977)." +"6. Chief Justice Chandrachud in Minerva Mills v. Union of" +"India (1980)." +"7. Chief Justice Ahmadi in L. Chandra Kumar v. Union of" +"India (1997)." +"8. Justice Ramaswami in S.S. Bola v. B.D. Sharma (1997)." +"9. This provision was added by the 44th Constitutional" +"Amendment Act of 1978." +"10. Subhash C. Kashyap, Our Constitution, National Book" +"Trust, Third Edition, 2001, p. 232." +" 11. Though the last entry is numbered 284, the actual total" +"number is 282. This is because, the three entries (87," +"92 and 130) have been deleted and one entry is" +"numbered as 257A." +"12. I.R. Coelho v. State of Tamil Nadu (2007)." +"13. Kesavananda Bharati v. State of Kerala (1973)." +"14. Ibid." +"15. Indira Nehru Gandhi v. Raj Narain (1975)." +"16. Ibid." +"17. M. Nagaraj v. Union of India (2006)" +" 28 Judicial Activism" +"" +"" +"" +"" +"T" +"he concept of judicial activism originated and developed in" +"the USA. This term was first coined in 1947 by Arthur" +"Schlesinger Jr., an American historian and educator.1" +"In India, the doctrine of judicial activism was introduced in mid-" +"1970s. Justice V.R. Krishna Iyer, Justice P.N. Bhagwati, Justice O." +"Chinnappa Reddy and Justice D.A. Desai laid the foundations of" +"judicial activism in the country." +" MEANING OF JUDICIAL ACTIVISM" +"" +"Judicial activism denotes the proactive role played by the judiciary" +"in the protection of the rights of citizens and in the promotion of" +"justice in the society. In other words, it implies the assertive role" +"played by the judiciary to force the other two organs of the" +"government (legislature and executive) to discharge their" +"constitutional duties." +"Judicial activism is also known as “judicial dynamism”. It is the" +"antithesis of “judicial restraint”, which means the self-control" +"exercised by the judiciary." +"Judicial activism is defined in the following way:" +"1. “Judicial activism is a way of exercising judicial power that" +"motivates judges to depart from normally practised strict" +"adherence to judicial precedent in favour of progressive and" +"new social policies. It is commonly marked by decision" +"calling for social engineering, and occasionally these" +"decisions represent intrusion in the legislative and executive" +"matters”.2" +"2. “Judicial activism is the practice in the judiciary of protecting" +"or expanding individual rights through decisions that depart" +"from established precedent, or are independent of, or in" +"opposition to supposed constitutional or legislation intent”.3" +"3. “Judicial activism can be defined as the process of law-" +"making by judges. It means an active interpretation of" +"existing legislation by a judge, made with a view to enhance" +"the utility of that legislation for social betterment. Judicial" +"activism is different from judicial pessimism which means" +"interpretation of existing provisions of law, without an" +"attempt to enhance its beneficial aspects”.3a" +"4. “Judicial activism is a philosophy of judicial decision-making" +"whereby judges allow their personal views about public" +"policy, among other factors, to guide their decisions”.3b" +"5. “Judicial activism is a procedure to evolve new principles," +"concepts, maxims, formulae and relief to do justice or to" +"expand the standing of the litigant and open the door of" +" courts for needy or to entertain litigation affecting the entire" +"society or a section of it”.3c" +"The concept of judicial activism is closely related to the concept" +"of Public Interest Litigation (PIL). It is the judicial activism of the" +"Supreme Court which is the major factor for the rise of PIL. In" +"other words, PIL is an outcome of judicial activism. In fact, PIL is" +"the most popular form (or manifestation) of judicial activism." +" JUDICIAL REVIEW AND JUDICIAL ACTIVISM" +"" +"The concepts of judicial review and judicial activism are closely" +"related to each other. But, there is a difference between them. The" +"following points bring out this difference:" +"1. Since about the mid-20th century, a version of judicial review" +"has acquired the nick-name of judicial activism, especially in" +"the USA. In India, the participants in the debate mix up" +"judicial activism with judicial review. The former is that form" +"of latter in which judges participate in law-making policies," +"i.e., not only they uphold or invalidate laws in terms of" +"constitutional provisions, but also exercise their policy" +"preferences in doing so.3d" +"2. The concept of judicial activism is inherent in judicial review," +"which empowers the court to uphold the constitution and" +"declare the laws and action inconsistent with the constitution" +"as void. Judicial activism is necessary for ensuring proper" +"discharge of duties by other organs.3e" +"3. The term “judicial activism” came into currency some time in" +"the twentieth century to describe the act of judicial legislation" +"i.e., judges making positive law. However, there is no" +"standard definition of the term “judicial activism”. As a whole" +"it can be said that judicial activism stresses the importance" +"of judicial review and a powerful judiciary in the protection" +"and promotion of certain core rights.3f" +"4. The expanded concept of locus standi in connection with" +"PIL, by judicial interpretation from time-to-time, has" +"expanded the jurisdictional limits of the courts exercising" +"judicial review. This expanded role has been given the title of" +"“judicial activism” by those who are critical of this expanded" +"role of the judiciary.3g" +"5. Judicial activism, as regards constitutional cases, falls under" +"the rubric of what is commonly called judicial review, and at" +"the broadest level, it is any occasion where a court" +"intervenes and strikes down a piece of duly enacted" +"legislation.3h" +" JUSTIFICATION OF JUDICIAL ACTIVISM" +"" +"According to Dr. B.L. Wadehra, the reasons for judicial activism" +"are as follows:4" +"(i) There is near collapse of the responsible government, when" +"the Legislature and Executive fail to discharge their" +"respective functions. This results in erosion of the confidence" +"in the Constitution and democracy amongst the citizens." +"(ii) The citizens of the country look up to the judiciary for the" +"protection of their rights and freedoms. This leads to" +"tremendous pressure on judiciary to step in aid for the" +"suffering masses." +"(iii) Judicial Enthusiasm, that is, the judges like to participate in" +"the social reforms that take place in the changing times. It" +"encourages the Public Interest Litigation and liberalises the" +"principle of ‘Locus Standi’." +"(iv) Legislative Vacuum, that is, there may be certain areas, which" +"have not been legislated upon. It is therefore, upon court to" +"indulge in judicial legislation and to meet the changing social" +"needs." +"(v) The Constitution of India has itself adopted certain provisions," +"which gives judiciary enough scope to legislate or to play an" +"active role." +"Similarly, Subhash Kashyap observes that certain eventualities" +"may be conceived when the judiciary may have to overstep its" +"normal jurisdiction and intervene in areas otherwise falling within" +"the domain of the legislature and the executive:5" +"(i) When the legislature fails to discharge its responsibilities." +"(ii) In case of a ‘hung’ legislature when the government it" +"provides is weak, insecure and busy only in the struggle for" +"survival and, therefore, unable to take any decision which" +"displeases any caste, community, or other group." +"(iii) Those in power may be afraid of taking honest and hard" +"decisions for fear of losing power and, for that reason, may" +"have public issues referred to courts as issues of law in order" +"to mark time and delay decisions or to pass on the odium of" +"strong decision-making to the courts." +" (iv) Where the legislature and the executive fail to protect the" +"basic rights of citizens, like the right to live a decent life," +"healthy surroundings, or to provide honest, efficient and just" +"system of laws and administration." +"(v) Where the court of law is misused by a strong authoritarian" +"parliamentary party government for ulterior motives, as was" +"sought to be done during the emergency aberration." +"(vi) Sometimes, the courts themselves knowingly or unknowingly" +"become victims of human, all too human, weaknesses of" +"craze for populism, publicity, playing to the media and" +"hogging the headlines." +"According to Dr. Vandana, the concept of judicial activism can" +"be seen to be reflecting from the following trends, namely:5a" +"(i) Expansion of rights of hearing in the administrative process." +"(ii) Excessive delegation without limitation." +"(iii) Expansion of judicial control over discretionary powers." +"(iv) Expansion of judicial review over the administration." +"(v) Promotion of open government." +"(vi) Indiscriminate exercise of contempt power." +"(vii) Exercise of jurisdiction when non-exist." +"(viii) Over extending the standard rules of interpretation in its" +"search to achieve economic, social and educational" +"objectives." +"(ix) Passing of orders which are per se unworkable." +" ACTIVATORS OF JUDICIAL ACTIVISM" +"" +"Upendra Baxi, an eminent jurist, has delineated the following" +"typology of social / human rights activists who activated judicial" +"activism6 :" +"1. Civil Rights Activists: These groups primarily focus on civil" +"and political rights issues." +"2. People Rights Activists: These groups focus on social and" +"economic rights within the contexts of state repression of" +"people’s movements." +"3. Consumer Rights Groups: These formations raise issues" +"of consumer rights within the framework of accountability of" +"the polity and the economy." +"4. Bonded Labour Groups: These groups ask for judicial" +"activism is nothing short of annihilation of wage slavery in" +"India." +"5. Citizens for Environmental Action: These groups activate" +"an activist judiciary to combat increasing environmental" +"degradation and pollution." +"6. Citizen Groups against Large Irrigation Projects: These" +"activist formations ask the Indian judiciary the impossible for" +"any judiciary in the world, namely, cease to and desist from" +"ordering against mega irrigation projects." +"7. Rights of Child Groups: These groups focus on child" +"labour, the right to literacy, juveniles in custodial institutions" +"and rights of children born to sex workers." +"8. Custodial Rights Groups: These groups include social" +"action by prisoners’ rights groups, women under state" +"‘protective’ custody and persons under preventive detention." +"9. Poverty Rights Groups: These groups litigate issues" +"concerning draught and famine relief and urban" +"impoverished." +"10. Indigenous People’s Rights Groups: These groups" +"agitate for issues of forest dwellers, citizens of the Fifth and" +"Sixth Schedules of the Indian Constitution and identity rights." +"11. Women’s Rights Groups: These groups agitate for issues" +"of gender equality, gender-based violence and harassment," +" rape and dowry murders." +"12. Bar-based Groups: These associations agitate for issues" +"concerning autonomy and accountability of the Indian" +"judiciary." +"13. Media Autonomy Groups: These groups focus on the" +"autonomy and accountability of the press and instruments of" +"mass media owned by the State." +"14. Assorted Lawyer-Based Groups: This category includes" +"the critically influential lawyers’ groups which agitate for" +"various causes." +"15. Assorted Individual Petitioners: This category includes" +"freelance activist individuals." +" APPREHENSIONS OF JUDICIAL ACTIVISM" +"" +"The same jurist Upendra Baxi also presented a typology of fears" +"which are generated by judicial activism. He observes: “The facts" +"entail invocation of a wide range of fears. The invocation is" +"designed to bring into a nervous rationality among India’s most" +"conscientious justices”. He described the following types of fears7" +":" +"1. Ideological fears: (Are they usurping powers of the" +"legislature, the executive or of other autonomous institutions" +"in a civil society?)" +"2. Epistemic fears: (Do they have enough knowledge in" +"economic matters of a Manmohan Singh, in scientific" +"matters of the Czars of the atomic energy establishment, the" +"captains of the Council of Scientific and Industrial Research," +"and so on?)" +"3. Management fears: (Are they doing justice by adding this" +"kind of litigation work load to a situation of staggering growth" +"of arrears?)" +"4. Legitimation fears: (Are not they causing depletion of their" +"symbolic and instrumental authority by passing orders in" +"public interest litigation which the executive may bypass or" +"ignore? Would not the people’s faith in judiciary, a" +"democratic recourse, be thus eroded?)" +"5. Democratic fears: (Is a profusion of public interest litigation" +"nurturing democracy or depleting its potential for the future?)" +"6. Biographic fears: (What would be my place in national" +"affairs after superannuation if I overdo this kind of litigation?)" +" JUDICIAL ACTIVISM VS. JUDICIAL RESTRAINT" +"" +"Meaning of Judicial Restraint" +"Judicial activism and judicial restraint are the two alternative" +"judicial philosophies in the United States. Those who subscribe to" +"judicial restraint contend that the role of judges should be" +"scrupulously limited; their job is merely to say what the law is," +"leaving the business of lawmaking where it properly belongs, that" +"is, with the legislators and the executives. Under no" +"circumstances, moreover, should judges allow their personal" +"political values and policy agendas to colour their judicial opinions." +"This view holds that the ‘original intent’ of the authors of the" +"constitution and its amendments is knowable, and must guide the" +"courts.8" +"" +"Assumptions of Judicial Restraint" +"In the USA, the doctrine of judicial restraint is based on the" +"following six assumptions9 :" +"1. The Court is basically undemocratic because it is non-" +"elective and presumably non-responsive to the popular will." +"Because of its alleged oligarchic composition the court" +"should defer wherever possible to the ‘more’ democratic" +"branches of government." +"2. The questionable origins of the great power of judicial" +"review, a power not specifically granted by the Constitution." +"3. The doctrine of separation of powers." +"4. The concept of federalism, dividing powers between the" +"nation and the states requires of the Court deference toward" +"the action of state governments and officials." +"5. The non-ideological but pragmatic assumption that since the" +"Court is dependent on the Congress for its jurisdiction and" +"resources, and dependent on public acceptance for its" +"effectiveness, it ought not to overstep its boundaries without" +"consideration of the risks involved." +" 6. The aristocratic notion that, being a court of law, and" +"inheritor and custodian of the Anglo-American legal tradition," +"it ought not to go too far to the level of politics–law being the" +"process of reason and judgment and politics being" +"concerned only with power and influence." +"From the above, it is clear that all the assumptions (except the" +"second dealing with the judicial review) hold good in the Indian" +"context too." +"" +"Supreme Court Observations" +"While delivering a judgement in December 2007, the Supreme" +"Court of India called for judicial restraint and asked courts not to" +"take over the functions of the legislature or the executive, saying" +"there is a broad separation of powers under the Constitution and" +"each organ of the state must have respect for others and should" +"not encroach on others’ domain. In this context, the concerned" +"Bench of the court made the following observations10 :" +"1. The Bench said, “We are repeatedly coming across cases" +"where judges are unjustifiably trying to perform executive or" +"legislative functions. This is clearly unconstitutional. In the" +"name of judicial activism, judges cannot cross their limits" +"and try to take over functions which belong to another organ" +"of the state”." +"2. The Bench said, “Judges must know their limits and must" +"not try to run the government. They must have modesty and" +"humility, and not behave like emperors.”" +"3. Quoting from the book ‘The Spirit of Laws’ by Montesquieu" +"on the consequences of not maintaining separation of" +"powers among the three organs, the Bench said the French" +"political philosopher’s “warning is particularly apt and timely" +"for the Indian judiciary today, since very often it is rightly" +"criticised for ‘overreach’ and encroachment on the domain of" +"the other two organs.”" +"4. Judicial activism must not become judicial adventurism, the" +"Bench warned the courts Adjudication must be done within" +"the system of historically validated restraints and conscious" +"minimisation of judges’ preferences." +" 5. “The courts must not embarrass administrative authorities" +"and must realise that administrative authorities have" +"expertise in the field of administration while the court does" +"not.”" +"6. The Bench said, “The justification often given for judicial" +"encroachment on the domain of the executive or the" +"legislature is that the other two organs are not doing their" +"jobs properly. Even assuming this is so, the same" +"allegations can be made against the judiciary too because" +"there are cases pending in courts for half-a-century.”" +"7. If the legislature or the executive was not functioning" +"properly, it was for the people to correct the defects by" +"exercising their franchise properly in the next elections and" +"voting for candidates who would fulfil their expectations or by" +"other lawful methods, e.g., peaceful demonstrations." +"8. “The remedy is not in the judiciary taking over the legislative" +"or the executive functions, because that will not only violate" +"the delicate balance of power enshrined in the Constitution" +"but also (because) the judiciary has neither the expertise nor" +"the resources to perform these functions.”" +"9. The Bench said: “Judicial restraint is consistent with and" +"complementary to the balance of power among the three" +"independent branches of the state. It accomplishes this in" +"two ways: first, judicial restraint not only recognises the" +"equality of the other two branches with the judiciary, it also" +"fosters that equality by minimising inter-branch interference" +"by the judiciary. Second, judicial restraint tends to protect the" +"independence of the judiciary. When courts encroach on the" +"legislative or administrative fields almost inevitably voters," +"legislators, and other elected officials will conclude that the" +"activities of judges should be closely monitored." +"" +"" +"NOTES AND REFERENCES" +"1. His article entitled as “The Supreme Court: 1947” was" +"published in the Fortune magazine." +"2. Black’s Law Dictionary." +"3. Merriam Webster’s Dictionary of Law." +" 3a. V.G. Palishikar, Judicial Activism, AIR 1998, Journal" +"volume 8, p. 201." +"3b. Black’s Law Dictionary." +"3c. P.B. Sawant, Judicial Independence - Myth and Reality," +"(Pune: Board of Extra Mural Studies), 1987, p. 70." +"3d. V.N. Shukla and Mahendra Pal Singh, Constitution of" +"India, Eastern Book Company, Thirteenth Edition, 2017," +"p. A-51." +"3e. Adish C. Aggarwal, Judicial Activism in India, Chapter" +"12 in Judicial Activism in India: A Festschrift in honour" +"of Justice V.R. Krishna Iyer, Edited by Lokendra Malik," +"Universal Law Publishing Co., First Edition, 2013, p." +"126" +"3f. Dr. Vishal Guleria, Judicial Activism: A Ray of Hope for" +"the Marginalised Masses, Chapter 22 in Judicial" +"Activism in India : A Festschrift in honour of Justice V.R." +"Krishna Iyer, Edited by Lokendra Malik, Universal Law" +"Publishing co., First Edition, 2013, pp. 292–293." +"3g. Justice A.S. Anand, Judicial Review-Judicial Activism-" +"Need for Caution, Chapter 1 in Judicial Activism in" +"India: A Festschrift in honour of Justice V.R. Krishna" +"Iyer, Edited by Lokendra Malik, Universal Law" +"Publishing Co., First Edition, 2013, p. 7." +"3h. Rabindra Kr. Pathak, Judicial Process, First Edition," +"2019, Thomson Reuters, p. 259." +"4. Dr. B.L. Wadehra, Public Interest Litigation: A" +"Handbook, Second Edition, 2009, Universal Law" +"Publishing Co., pp. 161–162." +"5. Subhash C. Kashyap, “Judiciary Legislature Interface”," +"in Politics India, New Delhi, April 1997, p. 22." +"5a. Dr. Vandana, Dimensions of Judicial Activism in India," +"2016, Raj Publications, New Delhi PP.33–34." +"6. Upendra Baxi, “The Avatars of Indian Judicial Activism:" +"Explorations in the Geographies of [in] Justice” in S.K." +"Verma and Kusum (Ed.), Fifty Years of the Supreme" +"Court of India–Its Grasp and Reach, Indian Law Institute" +"and Oxford University Press, 2000, pp. 173–175." +" 7. Upendra Baxi, “Judicial Activism: Legal Education and" +"Research in Globalising India” in Mainstream, New" +"Delhi, 24 February, 1996, p. 16." +"8. Iain McLean and Alistair McMillan, Oxford Concise" +"Dictionary of Politics, First Indian Edition, 2004, p. 284." +"9. Joel B. Grossman and Richard S. Wells (ed)," +"Constitutional Law and Judicial Policy Making, 1972, pp." +"56–57." +"10. The Hindu, “Don’t cross limits, apex court asks judges”," +"December 11, 2007." +" 29 Public Interest Litigation" +"" +"" +"" +"" +"T" +"he concept of Public Interest Litigation (PIL) originated and" +"developed in the USA in the 1960s. In the USA, it was" +"designed to provide legal representation to previously" +"unrepresented groups and interests. It was undertaken in" +"recognition of the fact that the ordinary marketplace for legal" +"services fails to provide such services to significant segments of" +"the population and to significant interests. Such groups and" +"interests include the poor, environmentalists, consumers, racial" +"and ethnic minorities, and others.1" +"In India, the PIL is a product of the judicial activism role of the" +"Supreme Court. It was introduced in the early 1980s. Justice V.R." +"Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the" +"concept of PIL." +"PIL is also known variously as Social Action Litigation (SAL)," +"Social Interest Litigation (SIL) and Class Action Litigation (CAL)." +" MEANING OF PIL" +"" +"The introduction of PIL in India was facilitated by the relaxation of" +"the traditional rule of ‘locus standi’. According to this rule, only that" +"person whose rights are infringed alone can move the court for" +"the remedies, whereas, the PIL is an exception to this traditional" +"rule. Under the PIL, any public-spirited citizen or a social" +"organisation can move the court for the enforcement of the rights" +"of any person or group of persons who because of their poverty or" +"ignorance or socially or economically disadvantaged position are" +"themselves unable to approach the court for the remedies. Thus," +"in a PIL, any member of the public having ‘sufficient interest’ can" +"approach the court for enforcing the rights of other persons and" +"redressal of a common grievance." +"The Supreme Court has defined the PIL as “a legal action" +"initiated in a court of law for the enforcement of public interest or" +"general interest in which the public or a class of the community" +"have pecuniary interest or some interest by which their legal rights" +"or liabilities are affected.”2" +"PIL is absolutely necessary for maintaining the rule of law," +"furthering the cause of justice and accelerating the pace of" +"realisation of the constitutional objectives. In other words, the real" +"purposes of PIL are:" +"(i) vindication of the rule of law," +"(ii) facilitating effective access to justice to the socially and" +"economically weaker sections of the society, and" +"(iii) meaningful realisation of the fundamental rights." +" FEATURES OF PIL" +"The various features of the PIL are explained below:" +"1. PIL is a strategic arm of the legal aid movement and is" +"intended to bring justice within the reach of the poor masses," +"who constitute the low visibility area of humanity." +"2. PIL is a totally different kind of litigation from the ordinary" +"traditional litigation which is essentially of an adversary" +"character where there is a dispute between two litigating" +"parties, one making claims seeking relief against the other" +"and that other opposing such claim or resisting such relief." +"3. PIL is brought before the Court not for the purpose of" +"enforcing the right of one individual against another as" +"happens in the case of ordinary litigation, but it is intended to" +"promote and vindicate public interest." +"4. PIL demands that violations of constitutional and legal rights" +"of large numbers of people who are poor, ignorant or in a" +"socially or economically disadvantaged position should not" +"go unnoticed and unredressed." +"5. PIL is essentially a co-operative effort on the part of the" +"petitioner, the State or Public Authority, and the Court to" +"secure observance of the constitutional or legal rights," +"benefits and privileges conferred upon the vulnerable" +"sections of the community and to reach social justice to" +"them." +"6. In PIL, litigation is undertaken for the purpose of redressing" +"public injury, enforcing public duty, protecting social," +"collective, diffused rights and interests or vindicating public" +"interest." +"7. In PIL, the role held by the Court is more assertive than in" +"traditional actions; it is creative rather than passive and it" +"assumes a more positive attitude in determining acts." +"8. Though in PIL court enjoys a degree of flexibility unknown to" +"the trial of traditional private law litigations, whatever the" +"procedure adopted by the court it must be procedure known" +"to judicial tenets and characteristics of a judicial proceeding." +" 9. In a PIL, unlike traditional dispute resolution mechanism," +"there is no determination on adjudication of individual rights." +" SCOPE OF PIL" +"" +"In 1998, the Supreme Court formulated a set of guidelines to be" +"followed for entertaining letters or petitions received by it as PIL." +"These guidelines were modified in 1993 and 2003. According to" +"them, the letters or petitions falling under the following categories" +"alone will ordinarily be entertained as PIL:" +"1. Bonded labour matters" +"2. Neglected children" +"3. Non-payment of minimum wages to workers and exploitation" +"of casual workers and complaints of violation of Labour" +"Laws (except in individual cases)" +"4. Petitions from jails complaining of harassment, for pre-" +"mature release and seeking release after having completed" +"14 years in jail, death in jail, transfer, release on personal" +"bond, speedy trial as a fundamental right" +"5. Petitions against police for refusing to register a case," +"harassment by police and death in police custody" +"6. Petitions against atrocities on women, in particular" +"harassment of bride, brideburning, rape, murder, kidnapping," +"etc." +"7. Petitions complaining of harassment or torture of villagers by" +"co-villagers or by police from persons belonging to" +"Scheduled Caste and Scheduled Tribes and economically" +"backward classes" +"8. Petitions pertaining to environmental pollution, disturbance" +"of ecological balance, drugs, food adulteration, maintenance" +"of heritage and culture, antiques, forest and wild life and" +"other matters of public importance" +"9. Petitions from riot-victims" +"10. Family pension" +"The cases falling under the following categories will not be" +"entertained as PIL:" +"1. Landlord-tenant matters" +"2. Service matter and those pertaining to pension and gratuity" +"3. Complaints against Central/ State Government departments" +"and Local Bodies except those relating to item numbers (1)" +" to (10) above" +"4. Admission to medical and other educational institution" +"5. Petitions for early hearing of cases pending in High Courts" +"and Subordinate Courts" +" PRINCIPLES OF PIL" +"" +"The Supreme Court evolved the following principles in regard to" +"PIL3 :" +"1. The Court in exercise of powers under Articles 32 and 226" +"of the Constitution can entertain a petition filed by any" +"interested person in the welfare of the people who are in a" +"disadvantaged position and thus not in a position to knock" +"the doors of the Court. The Court is constitutionally bound to" +"protect the Fundamental Rights of such disadvantaged" +"people and direct the State to fulfil its constitutional" +"promises." +"2. When the issues of public importance, enforcement of the" +"fundamental rights of large number of people vis-a-vis the" +"constitutional duties and functions of the State are raised," +"the court treat a letter or a telegram as a PIL. In such cases," +"the court relaxes the procedural laws and also the law" +"relating to pleadings." +"3. Whenever injustice is meted out to a large number of" +"people, the court will not hesitate to step in to invoke Articles" +"14 and 21 of the Constitution of India as well as the" +"International Conventions on Human Rights which provide" +"for a reasonable and fair trial." +"4. The common rule of locus standi is relaxed so as to enable" +"the court to look into the grievances complained on behalf of" +"the poor, deprived, illiterate and the disabled who cannot" +"vindicate the legal wrong or legal injury caused to them for" +"violation of any constitutional or legal right." +"5. When the Court is prima facie satisfied about violation of any" +"constitutional right of a group of people belonging to the" +"disadvantaged category, it may not allow the State or the" +"Government from raising the question as to the" +"maintainability of the petition." +"6. Although procedural laws apply on PIL cases, the question" +"as to whether the principles of res judicata4 or principles" +"analogous thereto would apply depend on the nature of the" +"petition and also facts and circumstances of the case." +" 7. The dispute between two warring groups purely in the realm" +"of private law would not be allowed to be agitated as a PIL." +"8. However, in an appropriate case, although the petitioner" +"might have moved a Court in his private interest and for" +"redressal of the personal grievances, the Court in" +"furtherance of the public interest may treat it necessary to" +"enquire into the state of affairs of the subject of litigation in" +"the interest of justice." +"9. The Court in special situations may appoint Commission or" +"other bodies for the purpose of investigating into the" +"allegations and finding out facts. It may also direct" +"management of a public institution taken over by such" +"Commission." +"10. The Court will not ordinarily transgress into a policy. It shall" +"also take utmost care not to transgress its jurisdiction while" +"purporting to protect the rights of the people from being" +"violated." +"11. The Court would ordinarily not step out of the known areas" +"of judicial review. The High Court although may pass an" +"order for doing complete justice to the parties, it does not" +"have a power akin to Article 142 of the Constitution of India." +"12. Ordinarily the High Court should not entertain a writ petition" +"by way of PIL questioning constitutionality or validity of a" +"statute or a statutory rule." +" GUIDELINES FOR ADMITTING PIL" +"" +"The PIL has now come to occupy an important field in the" +"administration of law. It should not be allowed to become ‘Publicity" +"Interest Litigation’ or ‘Politics Interest Litigation’ or ‘Private Interest" +"Litigation’ or ‘Paisa Interest Litigation’ or ‘Middle-class Interest" +"Litigation’ (MIL)." +"The Supreme Court, in this context, observed: “PIL is not a pill" +"or a panacea for all wrongs. It was essentially meant to protect" +"basic human rights of the weak and the disadvantaged and was a" +"procedure which was innovated where a public-spirited person" +"files a petition in effect on behalf of such persons who on account" +"of poverty, helplessness or economic and social disabilities could" +"not approach the court for relief. There have been, in recent times" +"increasingly instances of abuse of PIL. Therefore, there is a need" +"to re-emphasise the parameters within which PIL can be resorted" +"to by a petitioner and entertained by the court.”5" +"Therefore, the Supreme Court laid down the following" +"guidelines for checking the misuse of the PIL6 :" +"1. The court must encourage genuine and bona fide PIL and" +"effectively discourage and curb the PIL field for extraneous" +"considerations." +"2. Instead of every individual Judge devising his own" +"procedure for dealing with PIL, it would be appropriate for" +"each High Court to properly formulate rules for encouraging" +"the genuine PIL filed and discouraging PIL filed with oblique" +"motives." +"3. The Court should prima facie verify the credentials of the" +"petitioner before entertaining the PIL." +"4. The Court shall be prima facie satisfied regarding the" +"correctness of the contents of petition before entertaining the" +"PIL." +"5. The Court should be fully satisfied that substantial public" +"interest is involved before entertaining the petition." +"6. The Court should ensure that the petition which involves" +"larger public interest, gravity and urgency must be given" +"priority over other petitions." +" 7. The Court before entertaining the PIL must ensure that the" +"PIL is aimed at redressal of genuine public harm and public" +"injury. The Court should also ensure that there is no" +"personal gain, private motive or oblique motive behind filing" +"PIL." +"8. The Court should also ensure that the petition filed by" +"busybodies for extraneous and ulterior motives must be" +"discouraged by imposing exemplary costs or adopting" +"similar novel methods to curb frivolous petitions and the" +"petitions filed for extraneous considerations." +"" +"" +"NOTES AND REFERENCES" +"1. Balancing the Scales of Justice - Financing Public" +"Interest Law in America (A Report by the Council for" +"Public Interest Law) 1976, pp. 6–7." +"2. Janata Dal v. H.S. Chowdhary, 1992." +"3. Guruvayur Devaswom Managing Committee v. C.K." +"Rajan, 2003." +"4. The principle that when a matter has been finally" +"adjudicated upon by a court of competent jurisdiction it" +"may not be reopened or challenged by the original" +"parties or their successors in interest. Its justification is" +"the need for finality in litigation. Oxford Dictionary of" +"Law, Eighth Edition, 2015, p. 537." +"5. BALCO Employees Union v. Union of India, 2002." +"6. State of Uttaranchal v. Balwant Singh Chaupal, 2010." +" PART-IV" +"STATE GOVERNMENT" +"" +"30. Governor" +"31. Chief Minister" +"32. State Council of Ministers" +"33. State Legislature" +"34. High Court" +"35. Tribunals" +"36. Subordinate Courts" +"37. Special Provisions for Some States" +" 30 Governor" +"" +"" +"" +"" +"T" +"he Constitution of India envisages the same pattern of government" +"in the states as that for the Centre, that is, a parliamentary system." +"Part VI of the Constitution deals with the government in the states." +"Articles 153 to 167 in Part VI of the Constitution deal with the state" +"executive. The state executive consists of the governor, the chief minister," +"the council of ministers and the advocate general of the state. Thus, there" +"is no office of vice-governor (in the state) like that of Vice-President at the" +"Centre." +"The governor is the chief executive head of the state. But, like the" +"president, he is a nominal executive head (titular or constitutional head)." +"The governor also acts as an agent of the central government. Therefore," +"the office of governor has a dual role." +"Usually, there is a governor for each state, but the 7th Constitutional" +"Amendment Act of 1956 facilitated the appointment of the same person" +"as a governor for two or more states." +" APPOINTMENT OF GOVERNOR" +"The governor is neither directly elected by the people nor indirectly" +"elected by a specially constituted electoral college as is the case with the" +"president. He is appointed by the president by warrant under his hand and" +"seal. In a way, he is a nominee of the Central government. But, as held by" +"the Supreme Court in 1979, the office of governor of a state is not an" +"employment under the Central government. It is an independent" +"constitutional office and is not under the control of or subordinate to the" +"Central government." +"The Draft Constitution provided for the direct election of the governor" +"on the basis of universal adult suffrage. But the Constituent Assembly" +"opted for the present system of appointment of governor by the president" +"because of the following reasons1 :" +"1. The direct election of the governor is incompatible with the" +"parliamentary system established in the states." +"2. The mode of direct election is more likely to create conflicts between" +"the governor and the chief minister." +"3. The governor being only a constitutional (nominal) head, there is no" +"point in making elaborate arrangements for his election and" +"spending huge amount of money." +"4. The election of a governor would be entirely on personal issues." +"Hence, it is not in the national interest to involve a large number of" +"voters in such an election." +"5. An elected governor would naturally belong to a party and would not" +"be a neutral person and an impartial head." +"6. The election of governor would create separatist tendencies and" +"thus affect the political stability and unity of the country." +"7. The system of presidential nomination enables the Centre to" +"maintain its control over the states." +"8. The direct election of the governor creates a serious problem of" +"leadership at the time of a general election in the state." +"9. The chief minister would like his nominee to contest for" +"governorship. Hence, a second rate man of the ruling party is" +"elected as governor." +"Therefore, the American model, where the Governor of a state is" +"directly elected, was dropped and the Canadian model, where the" +"governor of a province (state) is appointed by the Governor-General" +"(Centre), was accepted in the Constituent Assembly." +"The Constitution lays down only two qualifications for the appointment" +"of a person as a governor. These are:" +"1. He should be a citizen of India." +" 2. He should have completed the age of 35 years." +"Additionally, two conventions have also developed in this regard over" +"the years. First, he should be an outsider, that is, he should not belong to" +"the state where he is appointed, so that he is free from the local politics." +"Second, while appointing the governor, the president is required to consult" +"the chief minister of the state concerned, so that the smooth functioning of" +"the constitutional machinery in the state is ensured. However, both the" +"conventions have been violated in some of the cases." +" CONDITIONS OF GOVERNOR’S OFFICE" +"The Constitution lays down the following conditions for the the governor’s" +"office:" +"1. He should not be a member of either House of Parliament or a" +"House of the state legislature. If any such person is appointed as" +"governor, he is deemed to have vacated his seat in that House on" +"the date on which he enters upon his office as the governor." +"2. He should not hold any other office of profit." +"3. He is entitled without payment of rent to the use of his official" +"residence (the Raj Bhavan)." +"4. He is entitled to such emoluments, allowances and privileges as" +"may be determined by Parliament." +"5. When the same person is appointed as the governor of two or more" +"states, the emoluments and allowances payable to him are shared" +"by the states in such proportion as determined by the president." +"6. His emoluments and allowances cannot be diminished during his" +"term of office." +"In 2018, the Parliament has increased the salary of the governor from" +"₹1.10 lakh to ₹3.50 lakh per month.2" +"Like the President, the governor is also entitled to a number of" +"privileges and immunities. He enjoys personal immunity from legal liability" +"for his official acts. During his term of office, he is immune from any" +"criminal proceedings, even in respect of his personal acts. He cannot be" +"arrested or imprisoned. However, after giving two months’ notice, civil" +"proceedings can be instituted against him during his term of office in" +"respect of his personal acts." +"Before entering upon his office, the governor has to make and" +"subscribe to an oath or affirmation. In his oath, the governor swears:" +"(a) to faithfully execute the office;" +"(b) to preserve, protect and defend the Constitution and the law; and" +"(c) to devote himself to the service and well-being of the people of the" +"state." +"The oath of office to the governor is administered by the chief justice of" +"the concerned state high court and in his absence, the senior-most judge" +"of that court available." +"Every person discharging the functions of the governor also undertakes" +"the similar oath or affirmation." +" TERM OF GOVERNOR’S OFFICE" +"" +"A governor holds office for a term of five years from the date on which he" +"enters upon his office. However, this term of five years is subject to the" +"pleasure of the President. Further, he can resign at any time by" +"addressing a resignation letter to the President." +"The Supreme Court held that the pleasure of the President is not" +"justifiable. The governor has no security of tenure and no fixed term of" +"office. He may be removed by the President at any time.3" +"The Constitution does not lay down any grounds upon which a" +"governor may be removed by the President. Hence, the National Front" +"Government headed by V.P. Singh (1989) asked all the governors to" +"resign as they were appointed by the Congress government. Eventually," +"some of the governors were replaced and some were allowed to continue." +"The same thing was repeated in 1991, when the Congress Government" +"headed by P.V. Narasimha Rao changed fourteen governors appointed by" +"the V.P. Singh and Chandra Sekhar governments." +"The President may transfer a Governor appointed to one state to" +"another state for the rest of the term. Further, a Governor whose term has" +"expired may be reappointed in the same state or any other state." +"A governor can hold office beyond his term of five years until his" +"successor assumes charge. The underlying idea is that there must be a" +"governor in the state and there cannot be an interregnum." +"The President can make such provision as he thinks fit for the" +"discharge of the functions of the governor in any contingency not provided" +"for in the Constitution, for example, the death of a sitting governor. Thus," +"the chief justice of the concerned state high court may be appointed" +"temporarily to discharge the functions of the governor of that state." +" POWERS AND FUNCTIONS OF GOVERNOR" +"" +"A governor possesses executive, legislative, financial and judicial powers" +"more or less analogous to the President of India. However, he has no" +"diplomatic, military or emergency powers like the president." +"The powers and functions of the governor can be studied under the" +"following heads:" +"1. Executive powers." +"2. Legislative powers." +"3. Financial powers." +"4. Judicial powers." +"" +"Executive Powers" +"The executive powers and functions of the Governor are:" +"1. All executive actions of the government of a state are formally taken" +"in his name." +"2. He can make rules specifying the manner in which the Orders and" +"other instruments made and executed in his name shall be" +"authenticated." +"3. He can make rules for more convenient transaction of the business" +"of a state government and for the allocation among the ministers of" +"the said business." +"4. He appoints the chief minister and other ministers. They also hold" +"office during his pleasure. There should be a Tribal Welfare minister" +"in the states of Chattisgarh, Jharkhand, Madhya Pradesh and" +"Odisha appointed by him. The state of Bihar was excluded from this" +"provision by the 94th Amendment Act of 2006." +"5. He appoints the advocate general of a state and determines his" +"remuneration. The advocate general holds office during the pleasure" +"of the governor." +"6. He appoints the state election commissioner and determines his" +"conditions of service and tenure of office. However, the state" +"election commissioner can be removed only in like manner and on" +"the like grounds as a judge of a high court." +"7. He appoints the chairman and members of the state public service" +"commission. However, they can be removed only by the president" +"and not by a governor." +"8. He can seek any information relating to the administration of the" +"affairs of the state and proposals for legislation from the chief" +"minister." +" 9. He can require the chief minister to submit for the consideration of" +"the council of ministers any matter on which a decision has been" +"taken by a minister but which has not been considered by the" +"council." +"10. He can recommend the imposition of constitutional emergency in a" +"state to the president. During the period of President’s rule in a" +"state, the governor enjoys extensive executive powers as an agent" +"of the President." +"11. He acts as the chancellor of universities in the state. He also" +"appoints the vicechancellors of universities in the state." +"" +"Legislative Powers" +"A governor is an integral part of the state legislature. In that capacity, he" +"has the following legislative powers and functions:" +"1. He can summon or prorogue the state legislature and dissolve the" +"state legislative assembly." +"2. He can address the state legislature at the commencement of the" +"first session after each general election and the first session of each" +"year." +"3. He can send messages to the house or houses of the state" +"legislature, with respect to a bill pending in the legislature or" +"otherwise." +"4. He can appoint any member of the State legislative assembly to" +"preside over its proceedings when the offices of both the Speaker" +"and the Deputy Speaker fall vacant. Similarly, he can appoint any" +"member of the state legislature council to preside over its" +"proceedings when the offices of both Chairman and Deputy" +"Chairman fall vacant." +"5. He nominates one-sixth of the members of the state legislative" +"council from amongst persons having special knowledge or practical" +"experience in literature, science, art, cooperative movement and" +"social service." +"6. He can nominate one member to the state legislature assembly from" +"the Anglo-Indian Community." +"7. He decides on the question of disqualification of members of the" +"state legislature in consultation with the Election Commission." +"8. When a bill is sent to the governor after it is passed by state" +"legislature, he can:" +"(a) Give his assent to the bill, or" +"(b) Withhold his assent to the bill, or" +"(c) Return the bill (if it is not a money bill) for reconsideration of the" +"state legislature. However, if the bill is passed again by the state" +" legislature with or without amendments, the governor has to give" +"his assent to the bill, or" +"(d) Reserve the bill for the consideration of the president. In one" +"case such reservation is obligatory, that is, where the bill passed" +"by the state legislature endangers the position of the state high" +"court. In addition, the governor can also reserve the bill if it is of" +"the following nature:4" +"(i) Ultra-vires, that is, against the provisions of the Constitution." +"(ii) Opposed to the Directive Principles of State Policy." +"(iii) Against the larger interest of the country." +"(iv) Of grave national importance." +"(v) Dealing with compulsory acquisition of property under Article" +"the Constitution." +"9. He can promulgate ordinances when the state legislature is not in" +"session. These ordinances must be approved by the state" +"legislature within six weeks from its reassembly. He can also" +"withdraw an ordinance anytime. This is the most important" +"legislative power of the governor." +"10. He lays the reports of the State Finance Commission, the State" +"Public Service Commission and the Comptroller and Auditor-" +"General relating to the accounts of the state, before the state" +"legislature." +"" +"Financial Powers" +"The financial powers and functions of the governor are:" +"1. He sees that the Annual Financial Statement (state budget) is laid" +"before the state legislature." +"2. Money bills can be introduced in the state legislature only with his" +"prior recommendation." +"3. No demand for a grant can be made except on his recommendation." +"4. He can make advances out of the Contingency Fund of the state to" +"meet any unforeseen expenditure." +"5. He constitutes a finance commission after every five years to review" +"the financial position of the panchayats and the municipalities." +"" +"Judicial Powers" +"The judicial powers and functions of the governor are:" +"1. He can grant pardons, reprives, respites and remissions of" +"punishment or suspend, remit and commute the sentence of any" +"person convicted of any offence against any law relating to a matter" +"to which the executive power of the state extends.5" +" 2. He is consulted by the president while appointing the judges of the" +"concerned state high court." +"3. He makes appointments, postings and promotions of the district" +"judges in consultation with the state high court." +"4. He also appoints persons to the judicial service of the state (other" +"than district judges) in consultation with the state high court and the" +"State Public Service Commission." +"Now, we will study in detail the three important powers of the governor" +"(veto power, ordinance-making power and pardoning power) by" +"comparing them with that of the President." +"" +"Table 30.1 Comparing Veto Powers of President and Governor" +"President Governor" +"With Regard to Ordinary Bills With Regard to Ordinary Bills" +"Every ordinary bill, after it is passed Every ordinary bill, after it is passed" +"by both the Houses of the by the legislative assembly in case" +"Parliament either singly or at a joint of a unicameral legislature or by" +"sitting, is presented to the President both the Houses in case of a" +"for his assent. He has three bicameral legislature either in the" +"alternatives: first instance or in the second" +"instance, is presented to the" +"1. He may give his assent to the" +"bill, the bill then becomes an act. governor for his assent. He has four" +"alternatives:" +"2. He may withhold his assent to" +"1. He may give his assent to the" +"the bill, the bill then ends and" +"bill, the bill then becomes an act." +"does not become an act." +"2. He may withhold his assent to" +"3. He may return the bill for" +"the bill, the bill then ends and" +"reconsideration of the Houses. If" +"does not become an act." +"the bill is passed by both the" +"3. He may return the bill for" +"Houses again with or without" +"amendments and presented to reconsideration of the House or" +"Houses. If the bill is passed by" +"the President for his assent, the" +"the House or Houses again with" +"president must give his assent to" +"or without amendments and" +"the bill. Thus the president" +"presented to the governor for his" +"enjoys only a ‘suspensive veto’." +"assent, the governor must give" +"his assent to the bill. Thus, the" +"governor enjoys only a" +"‘suspensive veto’." +"4. He may reserve the bill for the" +"consideration of the President." +"When a state bill is reserved by the When the governor reserves a bill" +" governor for the consideration of for the consideration of the" +"the President, the President has President, he will not have any" +"three alternatives: further role in the enactment of the" +"(a) He may give his assent to bill. If the bill is returned by the" +"the bill, the bill then President for the reconsideration of" +"becomes an act. the House or Houses and is passed" +"(b) He may withhold his assent again, the bill must be presented" +"to the bill, the bill then ends again for the presidential assent" +"and does not become an only. If the President gives his" +"Act. assent to the bill, it becomes an act." +"(c) He may return the bill for This means that the assent of the" +"reconsideration of the Governor is no longer required." +"House or Houses of the" +"state legislature. When a" +"bill is so returned, the" +"House or Houses have to" +"reconsider it within six" +"months. If the bill is passed" +"by the House or Houses" +"again with or without" +"amendments and" +"presented to the president" +"for his assent, the president" +"is not bound to give his" +"assent to the bill. He may" +"give his assent to such a" +"bill or withhold his assent." +"Every money bill after it is passed Every money bill, after it is passed" +"by the Parliament, is presented to by the state legislature (unicameral" +"the President for his assent. He has or bicameral), is presented to the" +"two alternatives: governor for his assent. He has" +"1. He may give his assent to the three alternatives:" +"bill, the bill then becomes an act. 1. He may give his assent to the" +"2. He may withhold his assent to bill, the bill then becomes an act." +"the bill, the bill then ends and 2. He may withhold his assent to" +"does not become an act. the bill, the bill then ends and" +"does not become an act." +"3. He may reserve the bill for the" +"consideration of the president." +"Thus, the President cannot return a Thus, the governor cannot return a" +"money bill for the reconsideration of money bill for the reconsideration of" +"the Parliament. Normally, the the state legislature. Normally, the" +" president gives his assent to a governor gives his assent to a" +"money bill as it is introduced in the money bill as it is introduced in the" +"Parliament with his previous state legislature with his previous" +"permission. permission." +"When a Money Bill is reserved by When the governor reserves a" +"the Governor for the consideration money bill for the consideration of" +"of the President, the President has the President, he will not have any" +"two alternatives: further role in the enactment of the" +"(a) He may give his assent to bill. If the President gives his assent" +"the bill, the bill then to the bill, it becomes an Act. This" +"becomes an Act. means that the assent of the" +"(b) He may withhold his assent governor is no longer required." +"to the bill, the bill then ends" +"and does not become an" +"act." +"Thus, the President cannot return a" +"money bill for the reconsideration of" +"the state legislature (as in the case" +"of the Parliament)." +"" +"Table 30.2 Comparing Ordinance-Making Power of President and" +"Governor" +"President Governor" +"1. He can promulgate an 1. He can promulgate an" +"ordinance only when both the ordinance only when the" +"Houses of Parliament are not in legislative assembly (in case of" +"session or when either of the a unicameral legislature) is not" +"two Houses of Parliament is in session or (in case of a bi-" +"not in session. The second cameral legislature) when both" +"provision implies that an the Houses of the state" +"ordinance can also be legislature are not in session or" +"promulgated by the president when either of the two Houses" +"when only one House is in of the state legislature is not in" +"session because a law can be session. The last provision" +"passed by both the Houses implies that an ordinance can" +"and not by one House alone. be promulgated by the" +"governor when only one House" +"(in case of a bicameral" +"legislature) is in session" +"because a law can be passed" +" by both the Houses and not by" +"one House alone." +"2. He can promulgate an 2. He can promulgate an" +"ordinance only when he is ordinance only when he is" +"satisfied that circumstances satisfied that circumstances" +"exist which render it necessary exist which render it necessary" +"for him to take immediate for him to take immediate" +"action. action." +"3. His ordinance-making power is 3. His ordinance-making power is" +"co-extensive with the legislative co-extensive with the legislative" +"power of the Parliament. This power of the state legislature." +"means that he can issue This means that he can issue" +"ordinances only on those ordinances only on those" +"subjects on which the subjects on which the state" +"Parliament can make laws. legislature can make laws." +"4. An ordinance issued by him 4. An ordinance issued by him" +"has the same force and effect has the same force and effect" +"as an act of the Parliament. as an act of the state" +"legislature." +"5. An ordinance issued by him is 5. An ordinance issued by him is" +"subject to the same limitations subject to the same limitations" +"as an act of Parliament. This as an act of the state" +"means that an ordinance legislature. This means that an" +"issued by him will be invalid to ordinance issued by him will be" +"the extent it makes any invalid to the extent it makes" +"provision which the Parliament any provision which the state" +"cannot make. legislature cannot make." +"6. He can withdraw an ordinance 6. He can withdraw an ordinance" +"at any time. at any time." +"7. His ordinance-making power is 7. His ordinance-making power is" +"not a discretionary power. This not a discretionary power. This" +"means that he can promulgate means that he can promulgate" +"or withdraw an ordinance only or withdraw an ordinance only" +"on the advice of the council of on the advice of the council" +"ministers of ministers headed headed by the chief minister." +"by the prime minister." +"8. An ordinance issued by him 8. An ordinance issued by him" +"should be laid before both the should be laid before the" +"Houses of Parliament when it legislative assembly or both the" +"reassembles. Houses of the state legislature" +" (in case of a bicameral" +"legislature) when it" +"reassembles." +"9. An ordinance issued by him 9. An ordinance issued by him" +"ceases to operate on the expiry ceases to operate on the expiry" +"of six weeks from the of six weeks from the" +"reassembly of Parliament. It reassembly of the state" +"may cease to operate even legislature. It may cease to" +"earlier than the prescribed six operate even earlier than the" +"weeks, if both the Houses of prescribed six weeks, if a" +"Parliament passes resolutions resolution disapproving it is" +"disapproving it. passed by the legislative" +"assembly and is agreed to by" +"the legislative council (in case" +"of a bicameral legislature)." +"10. He needs no instruction for 10. He cannot make an ordinance" +"making an ordinance. without the instructions from" +"the President in three cases:" +"(a) If a bill containing the same" +"provisions would have" +"required the previous" +"sanction of the President" +"for its introduction into the" +"state legislature." +"(b) If he would have deemed it" +"necessary to reserve a bill" +"containing the same" +"provisions for the" +"consideration of the" +"President." +"(c) If an act of the state" +"legislature containing the" +"same provisions would" +"have been invalid without" +"receiving the President’s" +"assent." +"" +"Table 30.3 Comparing Pardoning Powers of President and Governor" +"President Governor" +"1. He can pardon, reprive, respite, 1. He can pardon, reprieve," +"remit, suspend or commute the respite, remit, suspend or" +" punishment or sentence of any commute the punishment or" +"person convicted of any sentence of any person" +"offence against a Central law. convicted of any offence" +"against a state law." +"2. He can pardon, reprieve, 2. He cannot pardon a death" +"respite, remit, suspend or sentence. Even if a state law" +"commute a death sentence. He prescribes for death sentence," +"is the only authority to pardon a the power to grant pardon lies" +"death sentence. with the President and not the" +"governor. But, the governor can" +"suspend, remit or commute a" +"death sentence." +"3. He can grant pardon, reprieve, 3. He does not possess any such" +"respite, suspension, remission power." +"or commutation in respect to" +"punishment or sentence by a" +"court-martial (military court)." +" CONSTITUTIONAL POSITION OF GOVERNOR" +"The Constitution of India provides for a parliamentary form of government" +"in the states as in the Centre. Consequently, the governor has been made" +"only a nominal executive, the real executive constitutes the council of" +"ministers headed by the chief minister. In other words, the governor has to" +"exercise his powers and functions with the aid and advise of the council of" +"ministers headed by the chief minister, except in matters in which he is" +"required to act in his discretion (i.e., without the advice of ministers)." +"In estimating the constitutional position of the governor, particular" +"reference has to be made to the provisions of Articles 154, 163 and 164." +"These are:" +"(a) The executive power of the state shall be vested in the governor and" +"shall be exercised by him either directly or through officers" +"subordinate to him in accordance with this Constitution (Article 154)." +"(b) There shall be a council of ministers with the chief minister as the" +"head to aid and advise the governor in the exercise of his functions," +"except in so far as he is required to exercise his functions in his" +"discretion (Article 163)." +"(c) The council of ministers shall be collectively responsible to the" +"legislative assembly of the state (Article 164). This provision is the" +"foundation of the parliamentary system of government in the state." +"From the above, it is clear that constitutional position of the governor" +"differs from that of the president in the following two respects:6" +"1. While the Constitution envisages the possibility of the governor" +"acting at times in his discretion, no such possibility has been" +"envisaged for the President." +"2. After the 42nd Constitutional Amendment (1976), ministerial advice" +"has been made binding on the President, but no such provision has" +"been made with respect to the governor." +"The Constitution makes it clear that if any question arises whether a" +"matter falls within the governor’s discretion or not, the decision of the" +"governor is final and the validity of anything done by him cannot be called" +"in question on the ground that he ought or ought not to have acted in his" +"discretion. The governor has constitutional discretion in the following" +"cases:" +"1. Reservation of a bill for the consideration of the President." +"2. Recommendation for the imposition of the President’s Rule in the" +"state." +"3. While exercising his functions as the administrator of an adjoining" +"union territory (in case of additional charge)." +" 4. Determining the amount payable by the Government of Assam," +"Meghalaya, Tripura and Mizoram to an autonomous Tribal District" +"Council as royalty accruing from licenses for mineral exploration7 ." +"5. Seeking information from the chief minister with regard to the" +"administrative and legislative matters of the state." +"In addition to the above constitutional discretion (i.e., the express" +"discretion mentioned in the Constitution), the governor, like the president," +"also has situational discretion (i.e., the hidden discretion derived from the" +"exigencies of a prevailing political situation) in the following cases:" +"1. Appointment of chief minister when no party has a clear-cut majority" +"in the state legislative assembly or when the chief minister in office" +"dies suddenly and there is no obvious successor." +"2. Dismissal of the council of ministers when it cannot prove the" +"confidence of the state legislative assembly." +"3. Dissolution of the state legislative assembly if the council of" +"ministers has lost its majority." +"" +"Table 30.4 Articles Related to Governor at a Glance" +"Article No. Subject Matter" +"153. Governors of states" +"154. Executive power of state" +"155. Appointment of Governor" +"156. Term of office of Governor" +"157. Qualifications for appointment as Governor" +"158. Conditions of Governor’s office" +"159. Oath or affirmation by the Governor" +"160. Discharge of the functions of the Governor in certain" +"contingencies" +"161. Power of the Governor to grant pardons and others" +"162. Extent of executive power of state" +"163. Council of ministers to aid and advise the Governor" +"164. Other provisions as to ministers like appointments," +"term, salaries, and others" +"165. Advocate-General for the state" +"166. Conduct of business of the government of a state" +"167. Duties of the Chief Minister regarding furnishing of" +"information to the Governor, and so on" +" 174. Sessions of the state legislature, prorogation and" +"dissolution" +"175. Right of the Governor to address and send" +"messages to the house or houses of state" +"legislature" +"176. Special address by the Governor" +"200. Assent to bills (i.e. assent of the Governor to the" +"bills passed by the state legislature)" +"201. Bills reserved by the Governor for consideration of" +"the President" +"213. Power of Governor to promulgate ordinances" +"217. Governor being consulted by the President in the" +"matter of the appointments of the judges of the High" +"Courts" +"233. Appointment of district judges by the Governor" +"234. Appointments of persons (other than district judges)" +"to the judicial service of the state by the Governor." +"" +"Moreover, the governor has certain special responsibilities to discharge" +"according to the directions issued by the President. In this regard, the" +"governor, though has to consult the council of ministers led by the chief" +"minister, acts finally on his discretion. They are as follows:" +"1. Maharashtra–Establishment of separate development boards for" +"Vidarbha and Marathwada." +"2. Gujarat–Establishment of separate development boards for" +"Saurashtra and Kutch." +"3. Nagaland–With respect to law and order in the state for so long as" +"the internal disturbance in the Naga Hills-TUensang Area continues." +"4. Assam–With respect to the administration of tribal areas." +"5. Manipur–Regarding the administration of the hill areas in the state." +"6. Sikkim–For peace and for ensuring social and economic" +"advancement of the different sections of the population." +"7. Arunachal Pradesh–With respect to law and order in the state." +"8. Karnataka - Establishment of a separate development board for" +"Hyderabad-Karnataka region8 ." +"Thus, the Constitution has assigned a dual role to the office of a" +"governor in the Indian federal system. He is the constitutional head of the" +"state as well as the representative of the Centre (i.e., President)." +" NOTES AND REFERENCES" +"1. Constituent Assembly Debates, Volume IV, pp. 588–607." +"2. Vide the Finance Act, 2018, with effect from 1st January, 2016." +"This Act amended the Governor’s (Emoluments, Allowances" +"and Privileges) Act, 1982." +"3. Surya Narain v Union of India, (1982)." +"4. Soli Sorabji, The Governor: Sage or Saboteur, Roli Books (New" +"Delhi), 1985, p. 25." +"5. For the meanings of these legal terms, see ‘Pardoning Power of" +"the President’ under Chapter 17." +"6. M.P. Jain, Indian Constitutional Law, Wadhwa, Fourth Ed, p." +"186" +"7. Paragraph 9(2) of the Sixth Schedule says: ‘If any dispute" +"arises as to the share of such royalties to be made over to a" +"district council, it shall be referred to the governor for" +"determination and the amount determined by the governor in" +"his discretion shall be deemed to be the amount payable to the" +"district council and the decision of the governor shall be final’." +"The Sixth Schedule contains the provisions as to the" +"administration of tribal areas in the States of Assam," +"Meghalaya, Tripura and Mizoram." +"8. This provision was added by the 98th Constitutional" +"Amendment Act of 2012." +" 31 Chief Minister" +"" +"" +"" +"" +"I" +"n the scheme of parliamentary system of government provided" +"by the Constitution, the governor is the nominal executive" +"authority (de jure executive) and the Chief Minister is the real" +"executive authority (de facto executive). In other words, the governor" +"is the head of the state while the Chief Minister is the head of the" +"government. Thus the position of the Chief Minister at the state level" +"is analogous to the position of prime minister at the Centre." +" APPOINTMENT OF CHIEF MINISTER" +"" +"The Constitution does not contain any specific procedure for the" +"selection and appointment of the Chief Minister. Article 164 only says" +"that the Chief Minister shall be appointed by the governor. However," +"this does not imply that the governor is free to appoint any one as" +"the Chief Minister. In accordance with the conventions of the" +"parliamentary system of government, the governor has to appoint" +"the leader of the majority party in the state legislative assembly as" +"the Chief Minister. But, when no party has a clear majority in the" +"assembly, then the governor may exercise his personal discretion in" +"the selection and appointment of the Chief Minister. In such a" +"situation, the governor usually appoints the leader of the largest" +"party or coalition in the assembly as the Chief Minister and ask him" +"to seek a vote of confidence in the House within a month.1" +"The governor may have to exercise his individual judgement in" +"the selection and appointed of the Chief Minister when the Chief" +"Minister in office dies suddenly and there is no obvious successor." +"However, on the death of a Chief Minister, the ruling party usually" +"elects a new leader and the governor has no choice but to appoint" +"him as Chief Minister." +"The Constitution does not require that a person must prove his" +"majority in the legislative assembly before he is appointed as the" +"Chief Minister. The governor may first appoint him as the Chief" +"Minister and then ask him to prove his majority in the legislative" +"assembly within a reasonable period. This is what has been done in" +"a number of cases2 ." +"A person who is not a member of the state legislature can be" +"appointed as Chief Minister for six months, within which time, he" +"should be elected to the state legislature, failing which he ceases to" +"be the Chief Minister.3" +"According to the Constitution, the Chief Minister may be a" +"member of any of the two Houses of a state legislature. Usually" +"Chief Ministers have been selected from the Lower House" +"(legislative assembly), but, on a number of occasions, a member of" +"the Upper House (legislative council) has also been appointed as" +"Chief Minister.4" +" OATH, TERM AND SALARY" +"" +"Before the Chief Minister enters his office, the governor administers" +"to him the oaths of office and secrecy.5 In his oath of office, the Chief" +"Minister swears:" +"1. to bear true faith and allegiance to the Constitution of India," +"2. to uphold the sovereignty and integrity of India," +"3. to faithfully and conscientiously discharge the duties of his" +"office, and" +"4. to do right to all manner of people in accordance with the" +"Constitution and the law, without fear or favour, affection or ill-" +"will." +"In his oath of secrecy, the Chief Minister swears that he will not" +"directly or indirectly communicate or reveal to any person(s) any" +"matter that is brought under his consideration or becomes known to" +"him as a state minister except as may be required for the due" +"discharge of his duties as such minister." +"The term of the Chief Minister is not fixed and he holds office" +"during the pleasure of the governor. However, this does not mean" +"that the governor can dismiss him at any time. He cannot be" +"dismissed by the governor as long as he enjoys the majority support" +"in the legislative assembly.6 But, if he loses the confidence of the" +"assembly, he must resign or the governor can dismiss him." +"The salary and allowances of the Chief Minister are determined" +"by the state legislature. In addition to the salary and allowances," +"which are payable to a member of the state legislature, he gets a" +"sumptuary allowance, free accommodation, travelling allowance," +"medical facilities, etc." +" POWERS AND FUNCTIONS OF CHIEF MINISTER" +"" +"The powers and functions of the Chief Minister can be studied under" +"the following heads:" +"" +"In Relation to Council of Ministers" +"The Chief Minister enjoys the following powers as head of the state" +"council of ministers:" +"(a) The governor appoints only those persons as ministers who are" +"recommended by the Chief Minister." +"(b) He allocates and reshuffles the portfolios among ministers." +"(c) He can ask a minister to resign or advise the governor to" +"dismiss him in case of difference of opinion." +"(d) He presides over the meetings of the council of ministers and" +"influences its decisions." +"(e) He guides, directs, controls and coordinates the activities of all" +"the ministers." +"(f) He can bring about the collapse of the council of ministers by" +"resigning from office. Since the Chief Minister is the head of the" +"council of ministers, his resignation or death automatically" +"dissolves the council of ministers. The resignation or death of" +"any other minister, on the other hand, merely creates a" +"vacancy, which the Chief Minister may or may not like to fill." +"" +"In Relation to the Governor" +"The Chief Minister enjoys the following powers in relation to the" +"governor:" +"(a) He is the principal channel of communication between the" +"governor and the council of ministers.7 It is the duty of the Chief" +"Minister:" +"(i) to communicate to the Governor of the state all decisions of t" +"council of ministers relating to the administration of the affairs" +"the state and proposals for legislation;" +"(ii) to furnish such information relating to the administration of t" +"affairs of the state and proposals for legislation as the govern" +"may call for; and" +"(iii) if the governor so requires, to submit for the consideration of t" +" council of ministers any matter on which a decision has be" +"taken by a minister but which has not been considered by t" +"council." +"(b) He advises the governor with regard to the appointment of" +"important officials like advocate general, chairman and" +"members of the state public service commission, state election" +"commissioner, and so on." +"" +"In Relation to State Legislature" +"The Chief Minister enjoys the following powers as the leader of the" +"house:" +"(a) He advises the governor with regard to the summoning and" +"proroguing of the sessions of the state legislature." +"(b) He can recommend the dissolution of the legislative assembly" +"to the governor at any time." +"(c) He announces the government policies on the floor of the" +"house." +"" +"Other Powers and Functions" +"In addition, the Chief Minister also performs the following functions:" +"(a) He is the chairman of the State Planning Board." +"(b) He acts as a vice-chairman of the concerned zonal council by" +"rotation, holding office for a period of one year at a time.8" +"(c) He is a member of the Inter-State Council and the Governing" +"Council of NITI Aayog, both headed by the prime minister." +"(d) He is the chief spokesman of the state government." +"(e) He is the crisis manager-in-chief at the political level during" +"emergencies." +"(f) As a leader of the state, he meets various sections of the people" +"and receives memoranda from them regarding their problems," +"and so on." +"(g) He is the political head of the services." +"Thus, he plays a very significant and highly crucial role in the" +"state administration. However, the discretionary powers enjoyed by" +"the governor reduces to some extent the power, authority, influence," +"prestige and role of the Chief Minister in the state administration." +" RELATIONSHIP WITH THE GOVERNOR" +"" +"The following provisions of the Constitution deal with the relationship" +"between the governor and the Chief Minister:" +"1. Article 163: There shall be a council of ministers with the Chief" +"Minister as the head to aid and advise the governor on the" +"exercise of his functions, except in so far as he is required to" +"exercise his functions or any of them in his discretion." +"2. Article 164:" +"(a) The Chief Minister shall be appointed by the governor and" +"other ministers shall be appointed by the governor on the" +"advise of the Chief Minister;" +"(b) The ministers shall hold office during the pleasure of the" +"governor; and" +"(c) The council of ministers shall be collectively responsible to" +"the legislative assembly of the state." +"3. Article 167: It shall be the duty of the Chief Minister:" +"(a) to communicate to the governor of the state all decisions of" +"the council of ministers relating to the administration of the" +"affairs of the state and proposals for legislation;" +"(b) to furnish such information relating to the administration of" +"the affairs of the state and proposals for legislation as the" +"governor may call for; and" +"(c) if the governor so requires, to submit for the consideration" +"of the council of ministers any matter on which a decision" +"has been taken by a minister but which has not been" +"considered by the council." +"" +"Table 31.1 Articles Related to Chief Minister at a Glance" +"Article No. Subject Matter" +"163. Council of Ministers to aid and advise Governor" +"164. Other provisions as to Ministers" +"166. Conduct of business of the Government of a" +"State" +"167. Duties of Chief Minister as respects the" +"furnishing of information to Governor, etc." +" 177. Rights of Ministers as respects the Houses" +"" +"" +"NOTES AND REFERENCES" +"1. For example, the governors of Tamil Nadu (1951)," +"Rajasthan (1967), and Haryana (1982) invited the leader" +"of the largest party to form the ministry. The governors of" +"Punjab (1967), West Bengal (1970), and Maharashtra" +"(1978), on the other hand, invited the leader of the" +"coalition to form the ministry." +"2. For example, the governor of J & K (Jagmohan) appointed" +"G.M. Shah as the Chief Minister and asked him to prove" +"his majority on the floor of the House within a month. He" +"proved his majority. Similarly, the Governor of Andhra" +"Pradesh (Ram Lal) appointed Bhasker Rao as the Chief" +"Minister and gave him one month to prove his majority on" +"the floor of the House. However, he could not prove his" +"majority." +"3. For example, Bansilal and S.B. Chavan were appointed as" +"Chief Ministers of Haryana and Maharashtra respectively," +"even though they were not members of the state" +"legislature. Subsequently, they were elected to the state" +"legislature." +"4. For example, C. Rajagopalachari in Madras (now Tamil" +"Nadu) in 1952, Morarji Desai in Bombay (now" +"Maharashtra) in 1952, C.B. Gupta in UP in 1960 and B.P." +"Mandal in Bihar in 1968 were appointed as Chief" +"Ministers, while they were members of the state legislative" +"council." +"5. The form of oath of office and secrecy for the Chief" +"Minister is similar to that for any state minister. See" +"Chapter 32." +"6. This was ruled by the Supreme Court in S.R. Bommai v." +"Union of India, (1994). However, there have been many" +"violations of this rule, whereby the governors have" +"dismissed the Chief Ministers without giving them an" +"opportunity to prove their majority in the legislative" +"assembly." +" 7. Article 167 specifically deals with this function of the Chief" +"Minister." +"8. Union home minister is the chairman of all the zonal" +"councils." +" 32 State Council of Ministers" +"" +"" +"" +"" +"A" +"s the Constitution of India provides for a parliamentary" +"system of government in the states on the Union pattern," +"the council of ministers headed by the chief minister is the" +"real executive authority in the politico-administrative system of a" +"state. The council of ministers in the states is constituted and" +"function in the same way as the council of ministers at the Centre." +"The principles of parliamentary system of government are not" +"detailed in the Constitution; but two Articles (163 and 164) deal" +"with them in a broad, sketchy and general manner. Article 163" +"deals with the status of the council of ministers while Article 164" +"deals with the appointment, tenure, responsibility, qualifications," +"oath and salaries and allowances of the ministers." +" CONSTITUTIONAL PROVISIONS" +"" +"Article 163–Council of Ministers to aid and advise" +"Governor" +"1. There shall be a Council of Ministers with the Chief Minister" +"as the head to aid and advise the Governor in the exercise" +"of his functions, except in so far as he is required to exercise" +"his functions in his discretion." +"2. If any question arises whether a matter falls within the" +"Governor’s discretion or not, decision of the Governor shall" +"be final, and the validity of anything done by the Governor" +"shall not be called in question on the ground that he ought or" +"ought not to have acted in his discretion." +"3. The advice tendered by Ministers to the Governor shall not" +"be inquired into in any court." +"" +"Article 164–Other Provisions as to Ministers" +"1. The Chief Minister shall be appointed by the Governor and" +"the other Ministers shall be appointed by the Governor on" +"the advice of the Chief Minister. However, in the states of" +"Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha," +"there shall be a Minister in charge of tribal welfare who may" +"in addition be in charge of the welfare of the scheduled" +"castes and backward classes or any other work. The state of" +"Bihar was excluded from this provision by the 94th" +"Amendment Act of 2006." +"2. The total number of ministers, including the chief minister, in" +"the council of ministers in a state shall not exceed 15 per" +"cent of the total strength of the legislative assembly of that" +"state. But, the number of ministers, including the chief" +"minister, in a state shall not be less than 12. This provision" +"was added by the 91st Amendment Act of 2003." +"3. A member of either House of state legislature belonging to" +"any political party who is disqualified on the ground of" +"defection shall also be disqualified to be appointed as a" +" minister. This provision was also added by the 91st" +"Amendment Act of 2003." +"4. The ministers shall hold office during the pleasure of the" +"Governor." +"5. The council of ministers shall be collectively responsible to" +"the state Legislative Assembly." +"6. The Governor shall administer the oaths of office and" +"secrecy to a minister." +"7. A minister who is not a member of the state legislature for" +"any period of six consecutive months shall cease to be a" +"minister." +"8. The salaries and allowances of ministers shall be" +"determined by the state legislature." +"" +"Article 166–Conduct of Business of the Government of" +"a State" +"1. All executive action of the Government of a State shall be" +"expressed to be taken in the name of the Governor." +"2. Orders and other instruments made and executed in the" +"name of the Governor shall be authenticated in such manner" +"as may be specified in rules to be made by the Governor." +"Further, the validity of an order or instrument which is so" +"authenticated shall not be called in question on the ground" +"that it is not an order or instrument made or executed by the" +"Governor." +"3. The Governor shall make rules for the more convenient" +"transaction of the business of the government of the state," +"and for the allocation among ministers of the said business" +"in so far as it is not business with respect to which the" +"Governor is required to act in his discretion." +"" +"Article 167–Duties of Chief Minister" +"It shall be the duty of the Chief Minister of each state" +"1. To communicate to the governor of the state all decisions of" +"the council of ministers relating to the administration of the" +"affairs of the state and proposals for legislation" +" 2. To furnish such information relating to the administration of" +"the affairs of the state and proposals for legislation as the" +"governor may call for" +"3. If the governor so requires, to submit for the consideration of" +"the council of ministers any matter on which a decision has" +"been taken by a minister but which has not been considered" +"by the council" +"" +"Article 177–Rights of Ministers as Respects the" +"Houses" +"Every minister shall have the right to speak and take part in the" +"proceedings of the Assembly (and also the Council where it" +"exists) and any Committee of the State Legislature of which he" +"may be named a member. But he shall not be entitled to vote." +" NATURE OF ADVICE BY MINISTERS" +"" +"Article 163 provides for a council of ministers with the chief" +"minister at the head to aid and advise the governor in the exercise" +"of his functions except the discretionary ones. If any question" +"arises whether a matter falls within the governor’s discretion or" +"not, the decision of the governor is final and the validity of" +"anything done by him cannot be called in question on the ground" +"that he ought or ought not to have acted in his discretion. Further," +"the nature of advice tendered by ministers to the governor cannot" +"be enquired by any court. This provision emphasises the intimate" +"and the confidential relationship between the governor and the" +"ministers." +"In 1971, the Supreme Court ruled that a council of ministers" +"must always exist to advise the governor, even after the" +"dissolution of the state legislative assembly or resignation of a" +"council of ministers. Hence, the existing ministry may continue in" +"the office until its successor assumes charge. Again in 1974, the" +"Court clarified that except in spheres where the governor is to act" +"in his discretion, the governor has to act on the aid and advice of" +"the council of ministers in the exercise of his powers and" +"functions. He is not required to act personally without the aid and" +"advice of the council of ministers or against the aid and advice of" +"the council of ministers. Wherever the Constitution requires the" +"satisfaction of the governor, the satisfaction is not the personal" +"satisfaction of the governor but it is the satisfaction of the council" +"of ministers." +" APPOINTMENT OF MINISTERS" +"" +"The chief minister is appointed by the governor. The other" +"ministers are appointed by the governor on the advice of the chief" +"minister. This means that the governor can appoint only those" +"persons as ministers who are recommended by the chief minister." +"But, there should be a tribal welfare minister in Chhattisgarh," +"Jharkhand, Madhya Pradesh and Odisha1. Originally, this" +"provision was applicable to Bihar, Madhya Pradesh and Odisha." +"The 94th Amendment Act of 2006 freed Bihar from the obligation" +"of having a tribal welfare minister as there are no Scheduled" +"Areas in Bihar now and the fraction of population of the Scheduled" +"Tribes is very small. The same Amendment also extended the" +"above provision to the newly formed states of Chhattisgarh and" +"Jharkhand." +"Usually, the members of the state legislature, either the" +"legislative assembly or the legislative council, are appointed as" +"ministers. A person who is not a member of either House of the" +"state legislature can also be appointed as a minister. But, within" +"six months, he must become a member (either by election or by" +"nomination) of either House of the state legislature, otherwise, he" +"ceases to be a minister." +"A minister who is a member of one House of the state" +"legislature has the right to speak and to take part in the" +"proceedings of the other House. But, he can vote only in the" +"House of which he is a member." +" OATH AND SALARY OF MINISTERS" +"" +"Before a minister enters upon his office, the governor administers" +"to him the oaths of office and secrecy. In his oath of office, the" +"minister swears:" +"1. to bear true faith and allegiance to the Constitution of India," +"2. to uphold the sovereignty and integrity of India," +"3. to faithfully and conscientiously discharge the duties of his" +"office, and" +"4. to do right to all manner of people in accordance with the" +"Constitution and the law, without fear or favour, affection or" +"ill-will." +"In his oath of secrecy, the minister swears that he will not" +"directly or indirectly communicate or reveal to any person(s) any" +"matter that is brought under his consideration or becomes known" +"to him as a state minister except as may be required for the due" +"discharge of his duties as such minister." +"The salaries and allowances of ministers are determined by the" +"state legislature from time to time. A minister gets the salary and" +"allowances which are payable to a member of the state" +"legislature. Additionally, he gets a sumptuary allowance" +"(according to his rank), free accommodation, travelling allowance," +"medical facilities, etc." +" RESPONSIBILITY OF MINISTERS" +"" +"Collective Responsibility" +"The fundamental principle underlying the working of parliamentary" +"system of government is the principle of collective responsibility." +"Article 164 clearly states that the council of ministers is collectively" +"responsible to the legislative assembly of the state. This means" +"that all the ministers own joint responsibility to the legislative" +"assembly for all their acts of omission and commission. They work" +"as a team and swim or sink together. When the legislative" +"assembly passes a no-confidence motion against the council of" +"ministers, all the ministers have to resign including those ministers" +"who are from the legislative council2. Alternatively, the council of" +"ministers can advice the governor to dissolve the legislative" +"assembly on the ground that the House does not represent the" +"views of the electorate faithfully and call for fresh elections. The" +"governor may not oblige the council of ministers which has lost" +"the confidence of the legislative assembly." +"The principle of collective responsibility also mean that the" +"cabinet decisions bind all cabinet ministers (and other ministers)" +"even if they deferred in the cabinet meeting. It is the duty of every" +"minister to stand by the cabinet decisions and support them both" +"within and outside the state legislature. If any minister disagrees" +"with a cabinet decision and is not prepared to defend it, he must" +"resign. Several ministers have resigned in the past owing to their" +"differences with the cabinet." +"" +"Individual Responsibility" +"Article 164 also contains the principle of individual responsibility. It" +"states that the ministers hold office during the pleasure of the" +"governor. This means that the governor can remove a minister at" +"a time when the council of ministers enjoys the confidence of the" +"legislative assembly. But, the governor can remove a minister only" +"on the advice of the chief minister. In case of difference of opinion" +"or dissatisfaction with the performance of a minister, the chief" +" minister can ask him to resign or advice the governor to dismiss" +"him. By exercising this power, the chief minister can ensure the" +"realisation of the rule of collective responsibility." +"" +"No Legal Responsibility" +"As at the Centre, there is no provision in the Constitution for the" +"system of legal responsibility of the minister in the states. It is not" +"required that an order of the governor for a public act should be" +"countersigned by a minister. Moreover, the courts are barred from" +"enquiring into the nature of advice rendered by the ministers to" +"the governor." +" COMPOSITION OF THE COUNCIL OF MINISTERS" +"" +"The Constitution does not specify the size of the state council of" +"ministers or the ranking of ministers. They are determined by the" +"chief minister according to the exigencies of the time and" +"requirements of the situation." +"Like at the Centre, in the states too, the council of ministers" +"consists of three categories of ministers, namely, cabinet" +"ministers, ministers of state, and deputy ministers. The difference" +"between them lies in their respective ranks, emoluments, and" +"political importance. At the top of all these ministers stands the" +"chief minister–supreme governing authority in the state." +"The cabinet ministers head the important departments of the" +"state government like home, education, finance, agriculture and" +"so forth3. They are members of the cabinet, attend its meetings" +"and play an important role in deciding policies. Thus, their" +"responsibilities extend over the entire gamut of state government." +"The ministers of state can either be given independent charge" +"of departments or can be attached to cabinet ministers. However," +"they are not members of the cabinet and do not attend the cabinet" +"meetings unless specially invited when something related to their" +"departments are considered by the cabinet." +"Next in rank are the deputy ministers. They are not given" +"independent charge of departments. They are attached to the" +"cabinet ministers and assist them in their administrative, political" +"and parliamentary duties. They are not members of the cabinet" +"and do not attend cabinet meetings." +"At times, the council of ministers may also include a deputy" +"chief minister. The deputy chief ministers are appointed mostly for" +"local political reasons." +" CABINET" +"" +"A smaller body called cabinet is the nucleus of the council of" +"ministers. It consists of only the cabinet ministers. It is the real" +"centre of authority in the state government. It performs the" +"following role:" +"1. It is the highest decisionmaking authority in the politico-" +"administrative system of a state." +"2. It is the chief policy formulating body of the state" +"government." +"3. It is the supreme executive authority of the state" +"government." +"4. It is the chief coordinator of state administration." +"5. It is an advisory body to the governor." +"6. It is the chief crisis manager and thus deals with all" +"emergency situations." +"7. It deals with all major legislative and financial matters." +"8. It exercises control over higher appointments like" +"constitutional authorities and senior secretariat" +"administrators." +"" +"Cabinet Committees" +"The cabinet works through various committees called cabinet" +"committees. They are of two types–standing and ad hoc. The" +"former are of a permanent nature while the latter are of a" +"temporary nature." +"They are set up by the chief minister according to the" +"exigencies of the time and requirements of the situation. Hence," +"their number, nomenclature and composition varies from time to" +"time." +"They not only sort out issues and formulate proposals for the" +"consideration of the cabinet but also take decisions. However, the" +"cabinet can review their decisions." +"" +"Table 32.1 Articles Related to State Council of Ministers at a" +"Glance" +" Article No. Subject Matter" +"163. Council of Ministers to aid and advise" +"Governor" +"164. Other provisions as to Ministers" +"166. Conduct of business of the Government of a" +"State" +"167. Duties of Chief Minister as respects the" +"furnishing of information to Governor, etc." +"177. Rights of Ministers as respects the Houses" +"" +"" +"NOTES AND REFERENCES" +"1. They may, in addition, be in charge of the welfare of the" +"SCs and BCs or any other work." +"2. Each minister need not resign separately; the" +"resignation of the chief minister amounts to the" +"resignation of the entire council of ministers." +"3. The term ‘ministry’ or ‘ministries’ is used only in the" +"centre and not in the states. In other words, the state" +"government is divided into departments and not" +"ministries." +" 33 State Legislature" +"" +"" +"" +"" +"T" +"he state legislature occupies a preeminent and central position" +"in the political system of a state." +"Articles 168 to 212 in Part VI of the Constitution deal with the" +"organisation, composition, duration, officers, procedures, privileges," +"powers and so on of the state legislature. Though these are similar to" +"that of Parliament, there are some differences as well." +" ORGANISATION OF STATE LEGISLATURE" +"There is no uniformity in the organisation of state legislatures. Most of" +"the states have an unicameral system, while others have a bicameral" +"system. At present (2019), only six states have two Houses" +"(bicameral). These are Andhra Pradesh, Telangana, Uttar Pradesh," +"Bihar, Maharashtra and Karnataka. The Jammu and Kashmir" +"Legislative Council was abolishes by the Jammu and Kashmir" +"Reorganisation Act, 2019.1 The Tamil Nadu Legislative Council Act," +"2010 has not come into force. The Legislative Council in Andhra" +"Pradesh was revived by the Andhra Pradesh Legislative Council Act," +"2005. The 7th Amendment Act of 1956 provided for a Legislative" +"Council in Madhya Pradesh. However, a notification to this effect has" +"to be made by the President. So far, no such notification has been" +"made. Hence, Madhya Pradesh continues to have one House only." +"The twenty-two states have unicameral system. Here, the state" +"legislature consists of the governor and the legislative assembly. In" +"the states having bicameral system, the state legislature consists of" +"the governor, the legislative council and the legislative assembly. The" +"legislative council (Vidhan Parishad) is the upper house (second" +"chamber or house of elders), while the legislative assembly (Vidhan" +"Sabha) is the lower house (first chamber or popular house)." +"The Constitution provides for the abolition or creation of legislative" +"councils in states. Accordingly, the Parliament can abolish a legislative" +"council (where it already exists) or create it (where it does not exist), if" +"the legislative assembly of the concerned state passes a resolution to" +"that effect. Such a specific resolution must be passed by the state" +"assembly by a special majority, that is, a majority of the total" +"membership of the assembly and a majority of not less than two-thirds" +"of the members of the assembly present and voting. This Act of" +"Parliament is not to be deemed as an amendment of the Constitution" +"for the purposes of Article 368 and is passed like an ordinary piece of" +"legislation (ie, by simple majority)." +"“The idea of having a second chamber in the states was criticised" +"in the Constituent Assembly on the ground that it was not" +"representative of the people, that it delayed legislative process and" +"that it was an expensive institution2 .” Consequently the provision was" +"made for the abolition or creation of a legislative council to enable a" +"state to have a second chamber or not according to its own" +" willingness and financial strength. For example, Andhra Pradesh got" +"the legislative council created in 1957 and got the same abolished in" +"1985. The Legislative Council in Andhra Pradesh was again revived in" +"2007, after the enactment of the Andhra Pradesh Legislative Council" +"Act, 2005. The legislative council of Tamil Nadu had been abolished in" +"1986 and that of Punjab and West Bengal in 1969." +"In 2010, the Legislative Assembly of Tamil Nadu passed a" +"resolution for the revival of the Legislative Council in the state." +"Accordingly, the Parliament enacted the Tamil Nadu Legislative" +"Council Act, 2010 which provided for the creation of Legislative" +"Council in the state. However, before this Act was enforced, the" +"Legislative Assembly of Tamil Nadu passed another resolution in 2011" +"seeking the abolition of the proposed Legislative Council." +" COMPOSITION OF TWO HOUSES" +"" +"Composition of Assembly" +"" +"Strength" +"The legislative assembly consists of representatives directly elected" +"by the people on the basis of universal adult franchise. Its maximum" +"strength is fixed at 500 and minimum strength at 60. It means that its" +"strength varies from 60 to 500 depending on the population size of the" +"state3. However, in case of Arunachal Pradesh, Sikkim and Goa, the" +"minimum number is fixed at 30 and in case of Mizoram and Nagaland," +"it is 40 and 46 respectively. Further, some members of the legislative" +"assemblies in Sikkim and Nagaland are also elected indirectly." +"" +"Nominated Member" +"The governor can nominate one member from the Anglo-Indian" +"community, if the community is not adequately represented in the" +"assembly.4 Originally, this provision was to operate for ten years (ie," +"upto 1960). But this duration has been extended continuously since" +"then by 10 years each time. Now, under the 95th Amendment Act of" +"2009, this is to last until 2020." +"" +"Territorial Constituencies" +"For the purpose of holding direct elections to the assembly, each state" +"is divided into territorial constituencies. The demarcation of these" +"constituencies is done in such a manner that the ratio between the" +"population of each constituency and the number of seats allotted to it" +"isthe same throughout the state. In other words, the Constitution" +"ensures that there is uniformity of representation between different" +"constituencies in the state. The expression ‘population’ means, the" +"population as ascertained at the last preceding census of which the" +"relevant figures have been published." +"" +"Readjustment after each census" +"After each census, a readjustment is to be made in the (a) total" +"number of seats in the assembly of each state and (b) the division of" +"each state into territorial constituencies. The Parliament is empowered" +"to determine the authority and the manner in which it is to be made." +" Accordingly, Parliament has enacted the Delimitation Commission" +"Acts in 1952, 1962, 1972 and 2002 for this purpose." +"The 42nd Amendment Act of 1976 had frozen total number of seats" +"in the assembly of each state and the division of such state into" +"territorial constituencies till the year 2000 at the 1971 level. This ban" +"on readjustment has been extended for another years (i.e., upto year" +"2026) by the 84th Amendment Act of 2001 with the same objective of" +"encouraging population limiting measures." +"The 84th Amendment Act of 2001 also empowered the government" +"to undertake readjustment and rationalisation of territorial" +"constituencies in a state on the basis of the population figures of 1991" +"census. Later, the 87th Amendment Act of 2003 provided for the" +"delimitation of constituencies on the basis of 2001 census and not" +"1991 census. However, this can be done without altering the total" +"number of seats in the assembly of each state." +"" +"Reservation of seats for SCs and STs" +"The Constitution provided for the reservation of seats for scheduled" +"castes and scheduled tribes in the assembly of each state on the" +"basis of population ratios.5" +"Originally, this reservation was to operate for ten years (i.e., up to" +"1960). But this duration has been extended continuously since then by" +"10 years each time. Now, under the 95th Amendment Act of 2009, this" +"reservation is to last until 2020." +"" +"Composition of Council" +"Strength" +"Unlike the members of the legislative assembly, the members of the" +"legislative council are indirectly elected. The maximum strength of the" +"council is fixed at one-third of the total strength of the assembly and" +"the minimum strength is fixed at 406. It means that the size of the" +"council depends on the size of the assembly of the concerned state." +"This is done to ensure the predominance of the directly elected House" +"(assembly) in the legislative affairs of the state. Though the" +"Constitution has fixed the maximum and the minimum limits, the" +"actual strength of a Council is fixed by Parliament7 ." +"" +"Manner of Election" +"Of the total number of members of a legislative council:" +" 1. 1/3 are elected by the members of local bodies in the state like" +"municipalities, district boards, etc.," +"2. 1/12 are elected by graduates of three years standing and" +"residing within the state," +"3. 1/12 are elected by teachers of three years standing in the state," +"not lower in standard than secondary school," +"4. 1/3 are elected by the members of the legislative assembly of" +"the state from amongst persons who are not members of the" +"assembly, and" +"5. the remainder are nominated by the governor from amongst" +"persons who have a special knowledge or practical experience" +"of literature, science, art, cooperative movement and social" +"service." +"Thus, 5/6 of the total number of members of a legislative council" +"are indirectly elected and 1/6 are nominated by the governor. The" +"members are elected in accordance with the system of proportional" +"representation by means of a single transferable vote. The bonafide or" +"propriety of the governor’s nomination in any case cannot be" +"challenged in the courts." +"This scheme of composition of a legislative council as laid down in" +"the Constitution is tentative and not final. The Parliament is authorised" +"to modify or replace the same. However, it has not enacted any such" +"law so far." +" DURATION OF TWO HOUSES" +"" +"Duration of Assembly" +"Like the Lok Sabha, the legislative assembly is not a continuing" +"chamber. Its normal term is five years from the date of its first meeting" +"after the general elections8. The expiration of the period of five years" +"operates as automatic dissolution of the assembly. However, the" +"governor is authorised to dissolve the assembly at any time (i.e., even" +"before the completion of five years) to pave the way for fresh" +"elections." +"Further, the term of the assembly can be extended during the" +"period of national emergency by a law of Parliament for one year at a" +"time (for any length of time). However, this extension cannot continue" +"beyond a period of six months after the emergency has ceased to" +"operate. This means that the assembly should be re-elected within six" +"months after the revocation of emergency." +"" +"Duration of Council" +"Like the Rajya Sabha, the legislative council is a continuing chamber," +"that is, it is a permanent body and is not subject to dissolution. But," +"one-third of its members retire on the expiration of every second year." +"So, a member continues as such for six years. The vacant seats are" +"filled up by fresh elections and nominations (by governor) at the" +"beginning of every third year. The retiring members are also eligible" +"for re-election and re-nomination any number of times." +" MEMBERSHIP OF STATE LEGISLATURE" +"" +"1. Qualifications" +"The Constitution lays down the following qualifications for a person to" +"be chosen a member of the state legislature." +"(a) He must be a citizen of India." +"(b) He must make and subscribe to an oath or affirmation before the" +"person authorised by the Election Commission for this purpose." +"In his oath or affirmation, he swears" +"(i) To bear true faith and allegiance to the Constitution of India" +"(ii) To uphold the sovereignty and integrity of India" +"(c) He must be not less than 30 years of age in the case of the" +"legislative council and not less than 25 years of age in the case" +"of the legislative assembly." +"(d) He must posses other qualifications prescribed by Parliament." +"Accordingly, the Parliament has laid down the following additional" +"qualifications in the Representation of People Act (1951):" +"(a) A person to be elected to the legislative council must be an" +"elector for an assembly constituency in the concerned state and" +"to be qualified for the governor’s nomination, he must be a" +"resident in the concerned state." +"(b) A person to be elected to the legislative assembly must be an" +"elector for an assembly constituency in the concerned state." +"(c) He must be a member of a scheduled caste or scheduled tribe if" +"he wants to contest a seat reserved for them. However, a" +"member of scheduled castes or scheduled tribes can also" +"contest a seat not reserved for them." +"" +"2. Disqualifications" +"Under the Constitution, a person shall be disqualified for being chosen" +"as and for being a member of the legislative assembly or legislative" +"council of a state:" +"(a) if he holds any office of profit under the Union or state" +"government (except that of a minister or any other office" +"exempted by state legislature9 )," +"(b) if he is of unsound mind and stands so declared by a court," +"(c) if he is an undischarged insolvent," +" (d) if he is not a citizen of India or has voluntarily acquired the" +"citizenship of a foreign state or is under any acknowledgement of" +"allegiance to a foreign state, and" +"(e) if he is so disqualified under any law made by Parliament." +"Accordingly, the Parliament has prescribed a number of additional" +"disqualifications in the Representation of People Act (1951). These" +"are similar to those for Parliament. These are mentioned here:" +"1. He must not have been found guilty of certain election offences" +"or corrupt practices in the elections." +"2. He must not have been convicted for any offence resulting in" +"imprisonment for two or more years. But, the detention of a" +"person under a preventive detention law is not a disqualification." +"3. He must not have failed to lodge an account of his election" +"expenses within the time." +"4. He must not have any interest in government contracts, works or" +"services." +"5. He must not be a director or managing agent nor hold an office" +"of profit in a corporation in which the government has at least 25" +"per cent share." +"6. He must not have been dismissed from government service for" +"corruption or disloyalty to the state." +"7. He must not have been convicted for promoting enmity between" +"different groups or for the offence of bribery." +"8. He must not have been punished for preaching and practicing" +"social crimes such as untouchability, dowry and sati." +"On the question whether a member has become subject to any of" +"the above disqualifications, the governor’s decision is final. However," +"he should obtain the opinion of the Election Commission and act" +"accordingly." +"" +"Disqualification on Ground of Defection" +"The Constitution also lays down that a person shall be disqualified for" +"being a member of either House of state legislature if he is so" +"disqualified on the ground of defection under the provisions of the" +"Tenth Schedule." +"The question of disqualification under the Tenth Schedule is" +"decided by the Chairman, in the case of legislative council and," +"Speaker, in the case of legislative assembly (and not by the governor)." +"In 1992, the Supreme Court ruled that the decision of" +"Chairman/Speaker in this regard is subject to judicial review10 ." +" 3. Oath or Affirmation" +"Every member of either House of state legislature, before taking his" +"seat in the House, has to make and subscribe an oath or affirmation" +"before the governor or some person appointed by him for this" +"purpose." +"In this oath, a member of the state legislature swears:" +"(a) to bear true faith and allegiance to the Constitution of India;" +"(b) to uphold the sovereignty and integrity of India; and" +"(c) to faithfully discharge the duty of his office." +"Unless a member takes the oath, he cannot vote and participate in" +"the proceedings of the House and does not become eligible to the" +"privileges and immunities of the state legislature." +"A person is liable to a penalty of ₹500 for each day he sits or votes" +"as a member in a House:" +"(a) before taking and subscribing the prescribed oath or affirmation;" +"or" +"(b) when he knows that he is not qualified or that he is disqualified" +"for its membership; or" +"(c) when he knows that he is prohibited from sitting or voting in the" +"House by virtue of any law made by Parliament or the state" +"legislature." +"Members of a state legislature are entitled to receive such salaries" +"and allowances as may from time to time be determined by the state" +"legislature." +"" +"4. Vacation of Seats" +"In the following cases, a member of the state legislature vacates his" +"seat:" +"(a) Double Membership: A person cannot be a member of both" +"Houses of state legislature at one and the same time. If a person" +"is elected to both the Houses, his seat in one of the Houses falls" +"vacant as per the provisions of a law made by the state" +"legislature." +"(b) Disqualification: If a member of the state legislature becomes" +"subject to any of the disqualifications, his seat becomes vacant." +"(c) Resignation: A member may resign his seat by writing to the" +"Chairman of legislative council or Speaker of legislative" +"assembly, as the case may be. The seat falls vacant when the" +"resignation is accepted11 ." +" (d) Absence: A House of the state legislature can declare the seat of" +"a member vacant if he absents himself from all its meeting for a" +"period of sixty days without its permission." +"(e) Other Cases: A member has to vacate his seat in the either" +"House of state legislature," +"(i) if his election is declared void by the court," +"(ii) if he is expelled by the House," +"(iii) if he is elected to the office of president or office of vice-presid" +"and" +"(iv) if he is appointed to the office of governor of a state." +" PRESIDING OFFICERS OF STATE LEGISLATURE" +"" +"Each House of state legislature has its own presiding officer. There is" +"a Speaker and a Deputy Speaker for the legislative assembly and a" +"Chairman and a Deputy Chairman for the legislative council. A panel" +"of chairman for the assembly and a panel of vice-chairman for the" +"council is also appointed." +"" +"Speaker of Assembly" +"The Speaker is elected by the assembly itself from amongst its" +"members." +"Usually, the Speaker remains in office during the life of the" +"assembly. However, he vacates his office earlier in any of the following" +"three cases:" +"1. if he ceases to be a member of the assembly;" +"2. if he resigns by writing to the deputy speaker; and" +"3. if he is removed by a resolution passed by a majority of all the" +"then members of the assembly. Such a resolution can be moved" +"only after giving 14 days advance notice." +"The Speaker has the following powers and duties:" +"1. He maintains order and decorum in the assembly for conducting" +"its business and regulating its proceedings. This is his primary" +"responsibility and he has final power in this regard." +"2. He is the final interpreter of the provisions of (a) the Constitution" +"of India, (b) the rules of procedure and conduct of business of" +"assembly, and (c) the legislative precedents, within the" +"assembly." +"3. He adjourns the assembly or suspends the meeting in the" +"absence of a quorum." +"4. He does not vote in the first instance. But, he can exercise a" +"casting vote in the case of a tie." +"5. He can allow a ‘secret’ sitting of the House at the request of the" +"leader of the House." +"6. He decides whether a bill is a Money Bill or not and his decision" +"on this question is final." +"7. He decides the questions of disqualification of a member of the" +"assembly, arising on the ground of defection under the" +"provisions of the Tenth Schedule." +" 8. He appoints the chairman of all the committees of the assembly" +"and supervises their functioning. He himself is the chairman of" +"the Business Advisory Committee, the Rules Committee and the" +"General Purpose Committee." +"" +"Deputy Speaker of Assembly" +"Like the Speaker, the Deputy Speaker is also elected by the assembly" +"itself from amongst its members. He is elected after the election of the" +"Speaker has taken place." +"Like the Speaker, the Deputy Speaker remains in office usually" +"during the life of the assembly. However, he also vacates his office" +"earlier in any of the following three cases:" +"1. if he ceases to be a member of the assembly;" +"2. if he resigns by writing to the speaker; and" +"3. if he is removed by a resolution passed by a majority of all the" +"then members of the assembly. Such a resolution can be moved" +"only after giving 14 days’ advance notice." +"The Deputy Speaker performs the duties of the Speaker’s office" +"when it is vacant. He also acts as the Speaker when the latter is" +"absent from the sitting of assembly. In both the cases, he has all the" +"powers of the Speaker." +"The Speaker nominates from amongst the members a panel of" +"chairman. Any one of them can preside over the assembly in the" +"absence of the Speaker or the Deputy Speaker. He has the same" +"powers as the speaker when so presiding. He holds office until a new" +"panel of chairman is nominated." +"" +"Chairman of Council" +"The Chairman is elected by the council itself from amongst its" +"members." +"The Chairman vacates his office in any of the following three cases:" +"1. if he ceases to be a member of the council;" +"2. if he resigns by writing to the deputy chairman; and" +"3. if he is removed by a resolution passed by a majority of all the" +"then members of the council. Such a resolution can be moved" +"only after giving 14 days advance notice." +"As a presiding officer, the powers and functions of the Chairman in" +"the council are similar to those of the Speaker in the assembly." +"However, the Speaker has one special power which is not enjoyed by" +" the Chairman. The Speaker decides whether a bill is a Money Bill or" +"not and his decision on this question is final." +"The salaries and allowances of the Speaker and the Deputy" +"Speaker of the assembly and the Chairman and the Deputy Chairman" +"of the council are fixed by the state legislature. They are charged on" +"the Consolidated Fund of the State and thus are not subject to the" +"annual vote of the state legislature." +"" +"Deputy Chairman of Council" +"Like the Chairman, the Deputy Chairman is also elected by the council" +"itself from amongst its members." +"The deputy chairman vacates his office in any of the following three" +"cases:" +"1. if he ceases to be a member of the council;" +"2. if he resigns by writing to the Chairman; and" +"3. if he is removed by a resolution passed by a majority of all the" +"then members of the council. Such a resolution can be moved" +"only after giving 14 days advance notice." +"The Deputy Chairman performs the duties of the Chairman’s office" +"when it is vacant. He also acts as the Chairman when the latter is" +"absent from the sitting of the council. In both the cases, he has all the" +"powers of the Chairman." +"The Chairman nominates from amongst the members a panel of" +"vice-chairman. Any one of them can preside over the council in the" +"absence of the Chairman or the Deputy Chairman. He has the same" +"powers as the chairman when so presiding. He holds office until a new" +"panel of vice-chairman is nominated." +" SESSIONS OF STATE LEGISLATURE" +"" +"Summoning" +"The governor from time to time summons each House of state" +"legislature to meet. The maximum gap between the two sessions of" +"state legislature cannot be more than six months, ie, the state" +"legislature should meet at least twice a year. A session of the state" +"legislature consists of many sittings." +"" +"Adjournment" +"An adjournment suspends the work in a sitting for a specified time" +"which may be hours, days or weeks." +"Adjournment sine die means terminating a sitting of the state" +"legislature for an indefinite period. The power of the adjournment as" +"well as adjournment sine die lies with the presiding officer of the" +"House." +"" +"Prorogation" +"The presiding officer (Speaker or Chairman) declares the House" +"adjourned sine die, when the business of the session is completed." +"Within the next few days, the governor issues a notification for" +"prorogation of the session." +"However, the governor can also prorogue the House which is in" +"session. Unlike an adjournment, a prorogation terminates a session of" +"the House." +"" +"Dissolution" +"The legislative council, being a permanent house, is not subject to" +"dissolution. Only the legislative assembly is subject to dissolution." +"Unlike a prorogation, a dissolution ends the very life of the existing" +"House, and a new House is constituted after the general elections are" +"held." +"The position with respect to lapsing of bills on the dissolution of the" +"assembly is mentioned below:" +"1. A Bill pending in the assembly lapses (whether originating in the" +"assembly or transmitted to it by the council)." +" 2. A Bill passed by the assembly but pending in the council lapses." +"3. A Bill pending in the council but not passed by the assembly" +"does not lapse." +"4. A Bill passed by the assembly (in a unicameral state) or passed" +"by both the houses (in a bicameral state) but pending assent of" +"the governor or the President does not lapse." +"5. A Bill passed by the assembly (in a unicameral state) or passed" +"by both the Houses (in a bicameral state) but returned by the" +"president for reconsideration of House (s) does not lapse." +"" +"Quorum" +"Quorum is the minimum number of members required to be present in" +"the House before it can transact any business. It is ten members or" +"one-tenth of the total number of members of the House (including the" +"presiding officer), whichever is greater. If there is no quorum during a" +"meeting of the House, it is the duty of the presiding officer either to" +"adjourn the House or to suspend the meeting until there is a quorum." +"" +"Voting in House" +"All matters at any sitting of either House are decided by a majority of" +"votes of the members present and voting excluding the presiding" +"officer. Only a few matters which are specifically mentioned in the" +"Constitution like removal of the speaker of the assembly, removal of" +"the Chairman of the council and so on require special majority, not" +"ordinary majority. The presiding officer (i.e., Speaker in the case of" +"assembly or chairman in the case of council or the person acting as" +"such) does not vote in the first instance, but exercises a casting vote" +"in the case of an equality of votes." +"" +"Language in State Legislature" +"The Constitution has declared the official language(s) of the state or" +"Hindi or English, to be the languages for transacting business in the" +"state legislature. However, the presiding officer can permit a member" +"to address the House in his mother-tongue. The state legislature is" +"authorised to decide whether to continue or discontinue English as a" +"floor language after the completion of fifteen years from the" +"commencement of the Constitution (i.e., from 1965). In case of" +"Himachal Pradesh, Manipur, Meghalaya and Tripura, this time limit is" +" twenty-five years and that of Arunachal Pradesh, Goa and Mizoram, it" +"is forty years." +"" +"Rights of Ministers and Advocate General" +"In addition to the members of a House, every minister and the" +"advocate general of the state have the right to speak and take part in" +"the proceedings of either House or any of its committees of which he" +"is named a member, without being entitled to vote. There are two" +"reasons underlying this constitutional provision:" +"1. A minister can participate in the proceedings of a House, of" +"which he is not a member." +"2. A minister, who is not a member of either House, can participate" +"in the proceedings of both the Houses12 ." +" LEGISLATIVE PROCEDURE IN STATE LEGISLATURE" +"" +"Ordinary Bills" +"" +"Bill in the Originating House" +"An ordinary bill can originate in either House of the state legislature (in" +"case of a bicameral legislature). Such a bill can be introduced either" +"by a minister or by any other member. The bill passes through three" +"stages in the originating House, viz," +"1. First reading," +"2. Second reading, and" +"3. Third reading." +"After the bill is passed by the originating House, it is transmitted to" +"the second House for consideration and passage. A bill is deemed to" +"have been passed by the state legislature only when both the Houses" +"have agreed to it, either with or without amendments. In case of a" +"unicameral legislature, a bill passed by the legislative assembly is sent" +"directly to the governor for his assent." +"" +"Bill in the Second House" +"In the second House also, the bill passes through all the three stages," +"that is, first reading, second reading and third reading." +"When a bill is passed by the legislative assembly and transmitted to" +"the legislative council, the latter has four alternatives before it:" +"1. it may pass the bill as sent by the assembly (i.e., without" +"amendments);" +"2. it may pass the bill with amendments and return it to the" +"assembly for reconsideration;" +"3. it may reject the bill altogether; and" +"4. it may not take any action and thus keep the bill pending." +"If the council passes the bill without amendments or the assembly" +"accepts the amendments suggested by the council, the bill is deemed" +"to have been passed by both the Houses and the same is sent to the" +"the governor for his assent. On the other hand, if the assembly rejects" +"the amendments suggested by the council or the council rejects the" +"bill altogether or the council does not take any action for three months," +"then the assembly may pass the bill again and transmit the same to" +"the council. If the council rejects the bill again or passes the bill with" +"amendments not acceptable to the assembly or does not pass the bill" +" within one month, then the bill is deemed to have been passed by" +"both the Houses in the form in which it was passed by the assembly" +"for the second time." +"Therefore, the ultimate power of passing an ordinary bill is vested in" +"the assembly. At the most, the council can detain or delay the bill for a" +"period of four months–three months in the first instance and one" +"month in the second instance. The Constitution does not provide for" +"the mechanism of joint sitting of both the Houses to resolve the" +"disagreement between the two Houses over a bill. On the other hand," +"there is a provision for joint sitting of the Lok Sabha and the Rajya" +"Sabha to resolve a disagreement between the two over an ordinary" +"bill. Moreover, when a bill, which has originated in the council and was" +"sent to the assembly, is rejected by the assembly, the bill ends and" +"becomes dead." +"Thus, the council has been given much lesser significance, position" +"and authority than that of the Rajya Sabha at the Centre." +"" +"Assent of the Governor" +"Every bill, after it is passed by the assembly or by both the Houses in" +"case of a bicameral legislature, is presented to the governor for his" +"assent. There are four alternatives before the governor:" +"1. he may give his assent to the bill;" +"2. he may withhold his assent to the bill;" +"3. he may return the bill for reconsideration of the House or" +"Houses; and" +"4. he may reserve the bill for the consideration of the President." +"If the governor gives his assent to the bill, the bill becomes an Act" +"and is placed on the Statute Book. If the governor withholds his" +"assent to the bill, the bill ends and does not become an Act. If the" +"governor returns the bill for reconsideration and if the bill is passed by" +"the House or both the Houses again, with or without amendments," +"and presented to the governor for his assent, the governor must give" +"his assent to the bill. Thus, the governor enjoys only a suspensive" +"veto. The position is same at the Central level also13 ." +"" +"Assent of the President" +"When a bill is reserved by the governor for the consideration of the" +"President, the President may either give his assent to the bill or" +"withhold his assent to the bill or return the bill for reconsideration of" +"the House or Houses of the state legislature. When a bill is so" +"returned, the House or Houses have to reconsider it within a period of" +" six months. The bill is presented again to the presidential assent after" +"it is passed by the House or Houses with or without amendments. It is" +"not mentioned in the Constitution whether it is obligatory on the part of" +"the president to give his assent to such a bill or not." +"" +"Money Bills" +"The Constitution lays down a special procedure for the passing of" +"Money Bills in the state legislature. This is as follows:" +"A Money Bill cannot be introduced in the legislative council. It can" +"be introduced in the legislative assembly only and that too on the" +"recommendation of the governor. Every such bill is considered to be a" +"government bill and can be introduced only by a minister." +"After a Money Bill is passed by the legislative assembly, it is" +"transmitted to the legislative council for its consideration. The" +"legislative council has restricted powers with regard to a Money Bill. It" +"cannot reject or amend a Money Bill. It can only make" +"recommendations and must return the bill to the legislative assembly" +"within 14 days. The legislative assembly can either accept or reject all" +"or any of the recommendations of the legislative council." +"If the legislative assembly accepts any recommendation, the bill is" +"then deemed to have been passed by both the Houses in the modified" +"form. If the legislative assembly does not accept any recommendation," +"the bill is then deemed to have been passed by both the Houses in" +"the form originally passed by the legislative assembly without any" +"change." +"If the legislative council does not return the bill to the legislative" +"assembly within 14 days, the bill is deemed to have been passed by" +"both Houses at the expiry of the said period in the form originally" +"passed by the legislative assembly. Thus, the legislative assembly has" +"more powers than legislative council with regard to a money bill. At the" +"most, the legislative council can detain or delay a money bill for a" +"period of 14 days." +"Finally, when a Money Bill is presented to the governor, he may" +"either give his assent, withhold his assent or reserve the bill for" +"presidential assent but cannot return the bill for reconsideration of the" +"state legislature. Normally, the governor gives his assent to a money" +"bill as it is introduced in the state legislature with his prior permission." +"When a money bill is reserved for consideration of the President," +"the president may either give his assent to the bill or withhold his" +" assent to the bill but cannot return the bill for reconsideration of the" +"state legislature." +"" +"Table 33.1 Comparing Legislative Procedure in the Parliament and" +"State Legislature" +"Parliament State Legislature" +"A. With Regard to Ordinary Bills" +"1. It can be introduced in either 1. It can be introduced in either" +"House of the Parliament. House of the state legislature." +"2. It can be introduced either by 2. I t can be introduced either by" +"a minister or by a private a minister or by private" +"member. member." +"3. It passes through first 3. It passes through first" +"reading, second reading and reading, second reading and" +"third reading in the originating third reading in the originating" +"House. House." +"4. It is deemed to have been 4. It is deemed to have been" +"passed by the Parliament passed by the state" +"only when both the Houses legislature only when both the" +"have agreed to it, either with Houses have agreed to it," +"or without amendments. either with or without" +"amendments." +"5. A deadlock between the two 5. A deadlock between the two" +"Houses takes place when the Houses takes place when the" +"second House, after legislative council, after" +"receiving a bill passed by the receiving a bill passed by the" +"first House, rejects the bill or legislative assembly, rejects" +"proposes amendments that the bill or proposes" +"are not acceptable to the first amendments that are not" +"House or does not pass the acceptable to the legislative" +"bill within six months. assembly or does not pass" +"the bill within three months." +"6. The Constitution provides for 6. The Constitution does not" +"the mechanism of joint sitting provide for the mechanism of" +"of two Houses of the joint sitting of two Houses of" +"Parliament to resolve a the state legislature to" +"resolve a deadlock between" +" deadlock between them over them over the passage of a" +"the passage of a bill. bill." +"7. The Lok Sabha cannot 7. The legislative assembly can" +"override the Rajya Sabha by override the legislative" +"passing the bill for the council by passing the bill for" +"second time and vice versa. the second time and not vice" +"A joint sitting is the only way versa. When a bill is passed" +"to resolve a deadlock by the assembly for the" +"between the two Houses. second time and transmitted" +"to the legislative council, if" +"the legislative council rejects" +"the bill again, or proposes" +"amendments that are not" +"acceptable to the legislative" +"assembly, or does not pass" +"the bill within one month, then" +"the bill is deemed to have" +"been passed by both the" +"Houses in the form in which it" +"was passed by the legislative" +"assembly for the second" +"time." +"8. The mechanism of joint 8. The mechanism of passing" +"sitting for resolving a the bill for the second time to" +"deadlock applies to a bill resolve a deadlock applies to" +"whether originating in the Lok a bill originating in the" +"Sabha or the Rajya Sabha. If legislative assembly only." +"a joint sitting is not When a bill, which has" +"summoned by the president, originated in the legislative" +"the bill ends and becomes council and sent to the" +"dead. legislative assembly, is" +"rejected by the latter, the bill" +"ends and becomes dead." +"B. With Regard to Money Bills" +"1. It can be introduced only in 1. It can be introduced only in" +"the Lok Sabha and not in the the legislative assembly and" +"Rajya Sabha. not in the legislative council." +"2. It can be introduced only on 2. It can be introduced only on" +"the recommendation of the the recommendation of the" +" president. governor." +"3. I t can be introduced only by 3. It can be introduced only by a" +"a minister and not by a minister and not by a private" +"private member. member." +"4. It cannot be rejected or 4. It cannot be rejected or" +"amended by the Rajya amended by the legislative" +"Sabha. It should be returned council. It should be returned" +"to the Lok Sabha within 14 to the legislative assembly" +"days, either with or without within 14 days, either with or" +"recommendations. without amendments." +"5. The Lok Sabha can either 5. The legislative assembly can" +"accept or reject all or any of either accept or reject all or" +"the recommendations of the any of the recommendations" +"Rajya Sabha. of the legislative council." +"6. If the Lok Sabha accepts any 6. If the legislative assembly" +"recommendation, the bill is accepts any" +"then deemed to have been recommendation, the bill is" +"passed by both the Houses in then deemed to have been" +"the modified form. passed by both the Houses in" +"the modified form." +"7. If the Lok Sabha does not 7. If the legislative assembly" +"accept any recommendation, does not accept any" +"the bill is then deemed to recommendation, the bill is" +"have been passed by both then deemed to have been" +"the Houses in the form passed by both the Houses in" +"originally passed by the Lok the form originally passed by" +"Sabha without any change. the legislative assembly" +"without any change." +"8. If the Rajya Sabha does not 8. If the legislative council does" +"return the bill to the Lok not return the bill to the" +"Sabha within 14 days, the bill legislative assembly within 14" +"is deemed to have been days, the bill is deemed to" +"passed by both the Houses have been passed by both" +"at the expiration of the said the Houses at the expiration" +"period in the form originally of the said period in the form" +"passed by the Lok Sabha. originally passed by the" +"legislative assembly." +"9. The Constitution does not 9. The Constitution does not" +" provide for the resolution of provide for the resolution of" +"any deadlock between the any deadlock between the" +"two Houses. This is because, two Houses. This is because," +"the will of the Lok Sabha is the will of the legislative" +"made to prevail over that of assembly is made to prevail" +"the Rajya Sabha, if the latter over that of legislative" +"does not agree to the bill council, if the latter does not" +"passed by the former. agree to the bill passed by" +"the former." +" POSITION OF LEGISLATIVE COUNCIL" +"The constitutional position of the council (as compared with the" +"assembly) can be studied from two angles:" +"A. Spheres where council is equal to assembly." +"B. Spheres where council is unequal to assembly." +"" +"Equal with Assembly" +"In the following matters, the powers and status of the council are" +"broadly equal to that of the assembly:" +"1. Introduction and passage of ordinary bills. However, in case of" +"disagreement between the two Houses, the will of the assembly" +"prevails over that of the council." +"2. Approval of ordinances issued by the governor14 ." +"3. Selection of ministers including the chief minister. Under the" +"Constitution the, ministers including the chief minister can be" +"members of either House of the state legislature. However," +"irrespective of their membership, they are responsible only to the" +"assembly." +"4. Consideration of the reports of the constitutional bodies like" +"State Finance Commission, state public service commission and" +"Comptroller and Auditor General of India." +"5. Enlargement of the jurisdiction of the state public service" +"commission." +"" +"Unequal with Assembly" +"In the following matters, the powers and status of the council are" +"unequal to that of the assembly:" +"1. A Money Bill can be introduced only in the assembly and not in" +"the council." +"2. The council cannot amend or reject a money bill. It should return" +"the bill to the assembly within 14 days, either with" +"recommendations or without recommendations." +"3. The assembly can either accept or reject all or any of the" +"recommendation of the council. In both the cases, the money bill" +"is deemed to have been passed by the two Houses." +"4. The final power to decide whether a particular bill is a money bill" +"or not is vested in the Speaker of the assembly." +" 5. The final power of passing an ordinary bill also lies with the" +"assembly. At the most, the council can detain or delay the bill for" +"the period of four months–three months in the first instance and" +"one month in the second instance. In other words, the council is" +"not even a revising body like the Rajya Sabha; it is only a" +"dilatory chamber or an advisory body." +"6. The council can only discuss the budget but cannot vote on the" +"demands for grants (which is the exclusive privilege of the" +"assembly)." +"7. The council cannot remove the council of ministers by passing a" +"no-confidence motion. This is because, the council of ministers" +"is collectively responsible only to the assembly. But, the council" +"can discus and criticise the policies and activities of the" +"Government." +"8. When an ordinary bill, which has originated in the council and" +"was sent to the assembly, is rejected by the assembly, the bill" +"ends and becomes dead." +"9. The council does not participate in the election of the president" +"of India and representatives of the state in the Rajya Sabha." +"10. The council has no effective say in the ratification of a" +"constitutional amendment bill. In this respect also, the will of the" +"assembly prevails over that of the council15 ." +"11. Finally, the very existence of the council depends on the will of" +"the assembly. The council can be abolished by the Parliament" +"on the recommendation of the assembly." +"From the above, it is clear that the position of the council vis-a-vis" +"the assembly is much weaker than the position of the Rajya Sabha" +"vis-a-vis the Lok Sabha. The Rajya Sabha has equal powers with the" +"Lok Sabha in all spheres except financial matters and with regard to" +"the control over the Government. On the other hand, the council is" +"subordinate to the assembly in all respects. Thus, the predominance" +"of the assembly over the council is fully established." +"Even though both the council and the Rajya Sabha are second" +"chambers, the Constitution has given the council much lesser" +"importance than the Rajya Sabha due to the following reasons:" +"1. The Rajya Sabha consists of the representatives of the states" +"and thus reflect the federal element of the polity. It maintains the" +"federal equilibrium by protecting the interests of the states" +"against the undue interference of the Centre. Therefore, it has to" +"be an effective revising body and not just an advisory body or" +" dilatory body like that of the council. Onthe other hand, the issue" +"of federal significance does not arise in the case of a council." +"2. The council is heterogeneously constituted. It represents" +"different interests and consists of differently elected members" +"and also include some nominated members. Its very composition" +"makes its position weak and reduces its utility as an effective" +"revising body. On the other hand, the Rajya Sabha is" +"homogeneously constituted. It represents only the states and" +"consists of mainly elected members (only 12 out of 250 are" +"nominated)." +"3. The position accorded to the council is in accordance with the" +"principles of democracy. The council should yield to the" +"assembly, which is a popular house. This pattern of relationship" +"between the two Houses of the state legislature is adopted from" +"the British model. In Britain, the House of Lords (Upper House)" +"cannot oppose and obstruct the House of Commons (Lower" +"House). The House of Lords is only a dilatory chamber–it can" +"delay an ordinary bill for a maximum period of one year and a" +"money bill for one month.16" +"Keeping in view its weak, powerless and insignificant position and" +"role, the critics have described the council as a ‘secondary chamber’," +"‘costly ornamental luxury’, ‘white elephant’, etc. The critics have" +"opined that the council has served as a refuge for those who are" +"defeated in the assembly elections. It enabled the unpopular, rejected" +"and ambitious politicians to occupy the post of a chief minister or a" +"minister or a member of the state legislature." +"Even though the council has been given less powers as compared" +"with the assembly, its utility is supported on the following grounds:" +"1. It checks the hasty, defective, careless and ill-considered" +"legislation made by the assembly by making provision for" +"revision and thought." +"2. It facilitates representation of eminent professionals and experts" +"who cannot face direct elections. The governor nominates one-" +"sixth members of the council to provide representation to such" +"people." +" PRIVILEGES OF STATE LEGISLATURE" +"" +"Privileges of a state legislature are a sum of special rights, immunities" +"and exemptions enjoyed by the Houses of state legislature, their" +"committees and their members. They are necessary in order to secure" +"the independence and effectiveness of their actions. Without these" +"privileges, the Houses can neither maintain their authority, dignity and" +"honour nor can protect their members from any obstruction in the" +"discharge of their legislative responsibilities." +"The Constitution has also extended the privileges of the state" +"legislature to those persons who are entitled to speak and take part in" +"the proceedings of a House of the state legislature or any of its" +"committees. These include advocate-general of the state and state" +"ministers." +"It must be clarified here that the privileges of the state legislature do" +"not extend to the governor who is also an integral part of the state" +"legislature." +"The privileges of a state legislature can be classified into two broad" +"categories–those that are enjoyed by each House of the state" +"legislature collectively, and those that are enjoyed by the members" +"individually." +"" +"Collective Privileges" +"The privileges belonging to each House of the state legislature" +"collectively are:" +"1. It has the right to publish its reports, debates and proceedings" +"and also the right to prohibit others from publishing the same17 ." +"2. It can exclude strangers from its proceedings and hold secret" +"sittings to discuss some important matters." +"3. It can make rules to regulate its own procedure and the conduct" +"of its business and to adjudicate upon such matters." +"4. It can punish members as well as outsiders for breach of its" +"privileges or its contempt by reprimand, admonition or" +"imprisonment (also suspension or expulsion, in case of" +"members)." +"5. It has the right to receive immediate information of the arrest," +"detention, conviction, imprisonment and release of a member." +"6. It can institute inquiries and order the attendance of witnesses" +"and send for relevant papers and records." +" 7. The courts are prohibited to inquire into the proceedings of a" +"House or its Committes." +"8. No person (either a member or outsider) can be arrested, and" +"no legal process (civil or criminal) can be served within the" +"precincts of the House without the permission of the presiding" +"officer." +"" +"Individual Privileges" +"The privileges belonging to the members individually are:" +"1. They cannot be arrested during the session of the state" +"legislature and 40 days before the beginning and 40 days after" +"the end of such session. This privilege is available only in civil" +"cases and not in criminal cases or preventive detention cases." +"2. They have freedom of speech in the state legislature. No" +"member is liable to any proceedings in any court for anything" +"said or any vote given by him in the state legislature or its" +"committees. This freedom is subject to the provisions of the" +"Constitution and to the rules and standing orders regulating the" +"procedure of the state legislature18 ." +"3. They are exempted from jury service. They can refuse to give" +"evidence and appear as a witness in a case pending in a court" +"when the state legislature is in session." +"" +"Table 33.2 Strength of Legislative Assemblies and Legislative" +"Councils (2019)" +"S. Name of the Number of Seats Number of Seats" +"No. State/Union in Legislative in Legislative" +"Territory Assembly Council" +"I. STATES" +"1. Andhra Pradesh 175 5818a" +"2. Arunachal Pradesh 60 –" +"3. Assam 126 –" +"4. Bihar 243 75" +"5. Chhattisgarh 90 –" +"6. Goa 40 –" +"7. Gujarat 182 –" +" 8. Haryana 90 –" +"9. Himachal Pradesh 68 –" +"10. Jharkhand 81 –" +"11. Karnataka 224 75" +"12. Kerala 140 –" +"13. Madhya Pradesh 230 –" +"14. Maharashtra 288 78" +"15. Manipur 60 –" +"16. Meghalaya 60 –" +"17. Mizoram 40 –" +"18. Nagaland 60 –" +"19. Odisha 147 –" +"20. Punjab 117 –" +"21. Rajasthan 200 –" +"22. Sikkim 32 –" +"23. Tamil Nadu 234 –" +"24. Telangana 119 40" +"25. Tripura 60 –" +"26. Uttarakhand 70 –" +"27. Uttar Pradesh 403 100" +"28. West Bengal 294 –" +"II. UNION TERRITORIES" +"1. Delhi 70 –" +"2. Puducherry 30 –" +"3. Jammu and 8319 –" +"Kashmir" +"" +"Table 33.3 Seats Reserved for SCs and STs in the Legislative" +"Assemblies (2019)" +"Name of the State/ Total Reserved for Reserved" +"Union Territory the Scheduled for the" +"Castes" +" Scheduled" +"Tribes" +"I. STATES" +"1. Andhra Pradesh 175 29 7" +"2. Arunachal Pradesh 60 – 59" +"3. Assam 126 8 16" +"4. Bihar 243 38 2" +"5. Chhattisgarh 90 10 29" +"6. Goa 40 1 –" +"7. Gujarat 182 13 27" +"8. Haryana 90 17 –" +"9. Himachal Pradesh 68 17 3" +"10. Jharkhand 81 9 28" +"11. Karnataka 224 36 15" +"12. Kerala 140 14 2" +"13. Madhya Pradesh 230 35 47" +"14. Maharashtra 288 29 25" +"15. Manipur 60 1 19" +"16. Meghalaya 60 – 55" +"17. Mizoram 40 – 38" +"18. Nagaland 60 – 59" +"19. Odisha 147 24 33" +"20. Punjab 117 34 –" +"21. Rajasthan 200 34 25" +"22. Sikkim 32 2 12" +"23. Tamil Nadu 234 44 2" +"24. Telangana 119 19 12" +"25. Tripura 60 10 20" +"26. Uttarakhand 70 13 2" +"27. Uttar Pradesh 403 85 –" +"28. West Bengal 294 68 16" +" II. UNION TERRITORIES" +"1. Delhi 70 12 –" +"2. Puducherry 30 5 –" +"3. Jammu and 83 6 –" +"Kashmir" +"" +"Table 33.4 Articles Related to State Legislature at a Glance" +"Article No. Subject-matter" +"General" +"168. Constitution of Legislatures in states" +"169. Abolition or creation of Legislative Councils in states" +"170. Composition of the Legislative Assemblies" +"171. Composition of the Legislative Councils" +"172. Duration of State Legislatures" +"173. Qualification for membership of the State Legislature" +"174. Sessions of the State Legislature, prorogation and" +"dissolution" +"175. Right of Governor to address and send messages to" +"the House or Houses" +"176. Special address by the Governor" +"177. Rights of Ministers and Advocate-General as" +"respects the Houses" +"Officers of the State Legislature" +"178. The Speaker and Deputy Speaker of the Legislative" +"Assembly" +"179. Vacation and resignation of, and removal from, the" +"offices of Speaker and Deputy Speaker" +"180. Power of the Deputy Speaker or other person to" +"perform the duties of the office of, or to act as," +"Speaker" +"181. The Speaker or the Deputy Speaker not to preside" +"while a resolution for his removal from office is under" +"consideration" +" 182. The Chairman and Deputy Chairman of the" +"Legislative Council" +"183. Vacation and resignation of, and removal from, the" +"offices of Chairman and Deputy Chairman" +"184. Power of the Deputy Chairman or other person to" +"perform the duties of the office of, or to act as," +"Chairman" +"185. The Chairman or the Deputy Chairman not to preside" +"while a resolution for his removal from office is under" +"consideration" +"186. Salaries and allowances of the Speaker and Deputy" +"Speaker and the Chairman and Deputy Chairman" +"187. Secretariat of State Legislature" +"Conduct of Business" +"188. Oath or affirmation by members" +"189. Voting in Houses, power of Houses to act" +"notwithstanding vacancies and quorum" +"Disqualifications of Members" +"190. Vacation of seats" +"191. Disqualifications for membership" +"192. Decision on questions as to disqualifications of" +"members" +"193. Penalty for sitting and voting before making oath or" +"affirmation under Article 188 or when not qualified or" +"when disqualified" +"Powers, Privileges and Immunities of State Legislatures and" +"their Members" +"194. Powers, privileges, etc., of the House of Legislatures" +"and of the members and committees thereof" +"195. Salaries and allowances of members" +"Legislative Procedure" +"196. Provisions as to introduction and passing of Bills" +"197. Restriction on powers of Legislative Council as to" +"Bills other than Money Bills" +" 198. Special procedure in respect of Money Bills" +"199. Definition of “Money Bills”" +"200. Assent to Bills" +"201. Bills reserved for consideration" +"Procedure in Financial Matters" +"202. Annual financial statement" +"203. Procedure in Legislature with respect to estimates" +"204. Appropriation Bills" +"205. Supplementary, additional or excess grants" +"206. Votes on account, votes of credit and exceptional" +"grants" +"207. Special provisions as to financial Bills" +"Procedure Generally" +"208 Rules of procedure" +"209. Regulation by law of procedure in the Legislature of" +"the state in relation to financial business" +"210. Language to be used in the Legislature" +"211. Restriction on discussion in the Legislature" +"212. Courts not to inquire into proceedings of the" +"Legislature" +"Legislative Powers of the Governor" +"213. Power of Governor to promulgate Ordinances during" +"recess of Legislature" +"" +"Table 33.5 Laws made by Parliament under Article 169 of the" +"Constitution" +"Sl. Acts Provisions" +"No." +"1. West Bengal Legislative Provided for the abolition of" +"Council (Abolition) Act, 1969 the Legislative Council of the" +"State of West Bengal." +"2. Punjab Legislative Council Provided for the abolition of" +"(Abolition) Act, 1969 the Legislative Council of the" +" State of Punjab." +"3. Andhra Pradesh Legislative Provided for the abolition of" +"Council (Abolition) Act, 1985 the Legislative Council of the" +"State of Andhra Pradesh." +"4. Tamil Nadu Legislative Provided for the abolition of" +"Council (Abolition) Act, 1986 the Legislative Council of the" +"State of Tamil Nadu." +"5. Andhra Pradesh Legislative Provided for the creation of" +"Council Act, 2005 Legislative Council for the" +"State of Andhra Pradesh." +"6. Tamil Nadu Legislative Provided for the creation of" +"Council Act, 2010 Legislative Council for the" +"State of Tamil Nadu." +"" +"" +"NOTES AND REFERENCES" +"1. The erstwhile state of Jammu and Kashmir had adopted a" +"bicameral legislature by its own state Constitution, which" +"was separate from the Indian Constitution." +"2. M.P. Jain, Indian Constitutional Law, Wadhwa Fourth" +"edition, P. 159" +"3. See Table 33.2 at the end of this chapter." +"4. An Anglo-Indian means a person whose father or any other" +"male progenitor in the male line is or was of European" +"descent, but who is domiciled within the territory of India" +"and is or was born within such territory of parents habitually" +"resident therein and not established there for temporary" +"purposes only." +"5. This means that the number of assembly seats reserved in" +"a state for such castes and tribes is to bear the same" +"proportion to the total number of seats in the assembly as" +"the population of such castes and tribes in the concerned" +"state bears to the total population of the state." +"6. The minimum strength fixed at 40 by the Constitution of" +"India was not applicable to the erstwhile state of Jammu" +"and Kashmir. Its council had 36 members under the" +"provisions of its own state Constitution." +"7. See Table 33.2 at the end of this chapter." +" 8. The term of the legislative assembly of the erstwhile state of" +"Jammu and Kashmir was six years under its own state" +"Constitution." +"9. A minister in the union or state government is not" +"considered as holding an office of profit. Also, the state" +"legislature can declare that a particular office of profit will" +"not disqualify its holder from its membership." +"10. Kihota Hollohan v. Zachilhu, (1992)." +"11. However, the Chairman/Speaker need not accept the" +"resignation if he is satisfied that it is not voluntary or" +"genuine." +"12. A person can remain a minister for six months, without" +"being a member of either house of the state legislature." +"13. For a comparative study of the veto power of the president" +"and the governor, see Chapter 30." +"14. For a comparative study of the ordinance-making power of" +"the president and the governor, see Chapter 30." +"15. The position, in this regard, is very well analysed by J.C." +"Johari in the following way: ‘The Constitution is not clear on" +"this point whether a bill of constitutional amendment" +"referred to the states for ratification by their legislatures shall" +"include the Vidhan Parishad or not. In practice, it may be" +"understood that the will of the Vidhan Sabha has to prevail." +"In case the Vidhan Parishad concurs with the view of the" +"Vidhan Sabha, it is all right; in case it differs, the Vidhan" +"Sabha may pass it again and thereby ignore the will of the" +"Vidhan Parishad as it can do in case of a non-money bill’." +"(Indian Government and Politics, Vishal, Thirteenth Edition," +"2001, P. 441)." +"16. The Parliament Act of 1911, and the Amending Act of 1949," +"have curtailed the powers of the House of Lords and" +"established the supremacy of the House of Commons." +"17. The 44th Amendment Act of 1978 restored the freedom of" +"the press to publish true reports of state legislature without" +"its prior permission. But, this is not applicable in the case of" +"a secret sitting of the House." +"18. Article 211 of the Constitution says that no discussion shall" +"take place in the legislature of a state with respect to the" +"conduct of any judge of the Supreme Court or of a high" +"court in the discharge of his duties. Under the rules of a" +"House(s) of the state legislature, use of unparliamentary" +" language or unparliamentary conduct of a member is" +"prohibited." +"18a. The Andhra Pradesh Reorganisation (Amendment) Act," +"2015, increased the number of seats in the Legislative" +"Council of Andhra Pradesh from 50 to 58." +"19. Under the Jammu and Kashmir Reorganisation Act, 2019," +"the total number of seats fixed for the Legislative Assembly" +"of the Union territory of Jammu and Kashmir is 107. But, 24" +"seats fall in the Pakistan-occupied-Kashmir (PoK). These" +"seats are vacant and are not to be taken into account for" +"reckoning the total membership of the Assembly. In addition," +"the Lieutenant Governor of the Union territory of Jammu" +"and Kashmir may nominate two members to the Assembly" +"to give representation to women, if in his opinion, women" +"are not adequately represented in the Assembly." +" 34 High Court" +"" +"" +"" +"" +"I" +"n the Indian single integrated judicial system, the high court" +"operates below the Supreme Court but above the subordinate" +"courts. The judiciary ina state consists of a high court and a" +"hierarchy of subordinate courts. The high court occupies the top" +"position in the judicial administration of a state." +"The institution of high court originated in India in 1862 when the" +"high courts were set up at Calcutta, Bombay and Madras1. In" +"1866, a fourth high court was established at Allahabad. In the" +"course of time, each province in British India came to have its own" +"high court. After 1950, a high court existing in a province became" +"the high court for the corresponding state." +"The Constitution of India provides for a high court for each" +"state, but the Seventh Amendment Act of 1956 authorised the" +"Parliament to establish a common high court for two or more" +"states or for two or more states and a union territory. The territorial" +"jurisdiction of a high court is co-terminus with the territory of a" +"state. Similarly, the territorial jurisdiction of a common high court is" +"co-terminus with the territories of the concerned states and union" +"territory." +"At present (2019), there are 25 high courts in the country2. Out" +"of them, only three high courts have jurisdiction over more than" +"one state. Among the nine union territories, Delhi alone has a" +"separate high court (since 1966). The union territories of Jammu" +"and Kashmir and Ladakh have a common high court. The other" +"union territories fall under the jurisdiction of different state high" +"courts. The Parilament can extend the jurisdiction of a high court" +"to any union territory or exclude the jurisdiction of a high court" +"from any union territory." +"The name, year of establishment, territorial jurisdiction and seat" +"(with bench or benches) of all the 25 high courts are mentioned in" +"Table 34.1 at the end of this chapter." +" Articles 214 to 231 in Part VI of the Constitution deal with the" +"organisation, independence, jurisdiction, powers, procedures and" +"so on of the high courts." +" COMPOSITION AND APPOINTMENT" +"Every high court (whether exclusive or common) consists of a" +"chief justice and such other judges as the president may from time" +"to time deem necessary to appoint. Thus, the Constitution does" +"not specify the strength of a high court and leaves it to the" +"discretion of the president. Accordingly, the President determines" +"the strength of a high court from time to time depending upon its" +"workload." +"" +"Appointment of Judges" +"The judges of a high court are appointed by the President. The" +"chief justice is appointed by the President after consultation with" +"the chief justice of India and the governor of the state concerned." +"For appointment of other judges, the chief justice of the concerned" +"high court is also consulted. In case of a common high court for" +"two or more states, the governors of all the states concerned are" +"consulted by the president." +"In the Second Judges case3 (1993), the Supreme Court ruled" +"that no appointment of a judge of the high court can be made," +"unless it is in conformity with the opinion of the chief justice of" +"India. In the Third Judges case4 (1998), the Supreme Court" +"opined that in case of the appointment of high court judges, the" +"chief justice of India should consult a collegium of two senior-most" +"judges of the Supreme Court. Thus, the sole opinion of the chief" +"justice of India alone does not constitute the ‘consultation’" +"process." +"The 99th Constitutional Amendment Act of 2014 and the" +"National Judicial Appointments Commission Act of 2014 have" +"replaced the Collegium System of appointing judges to the" +"Supreme Court and High Courts with a new body called the" +"National Judicial Appointments Commission (NJAC). However, in" +"2015, the Supreme Court has declared both the 99th" +"Constitutional Amendment as well as the NJAC Act as" +"unconstitutional and void. Consequently, the earlier collegium" +"system became operative again. This verdict was delivered by the" +"Supreme Court in the Fourth Judges case4a (2015). The Court" +" opined that the new system (i.e., NJAC) would affect the" +"independence of the judiciary." +" QUALIFICATIONS, OATH AND SALARIES" +"" +"Qualifications of Judges" +"A person to be appointed as a judge of a high court, should have" +"the following qualifications:" +"1. He should be a citizen of India." +"2. (a) He should have held a judicial office in the territory of" +"India for ten years; or" +"(b) He should have been an advocate of a high court (or" +"high courts in succession) for ten years." +"From the above, it is clear that the Constitution has not" +"prescribed a minimum age for appointment as a judge of a high" +"court. Moreover, unlike in the case of the Supreme Court, the" +"Consitution makes no provision for appointment of a distinguished" +"jurist as a judge of a high court." +"" +"Oath or Affirmation" +"A person appointed as a judge of a high court, before entering" +"upon his office, has to make and subscribe an oath or affirmation" +"before the governor of the state or some person appointed by him" +"for this purpose. In his oath, a judge of a high court swears:" +"1. to bear true faith and allegiance to the Constitution of India;" +"2. to uphold the sovereignty and integrity of India;" +"3. to duly and faithfully and to the best of his ability, knowledge" +"and judgement perform the duties of the office without fear" +"or favour, affection or ill-will; and" +"4. to uphold the Constitution and the laws." +"" +"Salaries and Allowances" +"The salaries, allowances, privileges, leave and pension of the" +"judges of a high court are determined from time to time by the" +"Parliament. They cannot be varied to their disadvantage after their" +"appointment except during a financial emergency. In 2018, the" +"salary of the chief justice was increased from ₹90,000 to 2.50 lakh" +"per month and that of a judge from ₹80,000 to 2.25 lakh per" +"month6. They are also paid sumptuary allowance and provided" +" with free accommodation and other facilities like medical, car," +"telephone, etc." +"The retired chief justice and judges are entitled to 50% of their" +"last drawn salary as monthly pension." +" TENURE, REMOVAL AND TRANSFER" +"" +"Tenure of Judges" +"The Constitution has not fixed the tenure of a judge of a high" +"court. However, it makes the following four provisions in this" +"regard:" +"1. He holds office until he attains the age of 62 years5. Any" +"questions regarding his age is to be decided by the" +"president after consultation with the chief justice of India and" +"the decision of the president is final." +"2. He can resign his office by writing to the president." +"3. He can be removed from his office by the President on the" +"recommendation of the Parliament." +"4. He vacates his office when he is appointed as a judge of the" +"Supreme Court or when he is transferred to another high" +"court." +"" +"Removal of Judges" +"A judge of a high court can be removed from his office by an order" +"of the President. The President can issue the removal order only" +"after an address by the Parliament has been presented to him in" +"the same session for such removal. The address must be" +"supported by a special majority of each House of Parliament (i.e.," +"a majority of the total membership of that House and majority of" +"not less than two-thirds of the members of that House present and" +"voting). The grounds of removal are two–proved misbehaviour or" +"incapacity. Thus, a judge of a high court can be removed in the" +"same manner and on the same grounds as a judge of the" +"Supreme Court." +"The Judges Enquiry Act (1968) regulates the procedure relating" +"to the removal of a judge of a high court by the process of" +"impeachment:" +"1. A removal motion signed by 100 members (in the case of" +"Lok Sabha) or 50 members (in the case of Rajya Sabha) is" +"to be given to the Speaker/Chairman." +"2. The Speaker/Chairman may admit the motion or refuse to" +"admit it." +" 3. If it is admitted, then the Speaker/ Chairman is to constitute" +"a three-member committee to investigate into the charges." +"4. The committee should consist of (a) the chief justice or a" +"judge of the Supreme Court, (b) a chief justice of a high" +"court, and (c) a distinguished jurist." +"5. If the committee finds the judge to be guilty of misbehaviour" +"or suffering from an incapacity, the House can take up the" +"consideration of the motion." +"6. After the motion is passed by each House of Parliament by" +"special majority, an address is presented to the president for" +"removal of the judge." +"7. Finally, the president passes an order removing the judge." +"From the above, it is clear that the procedure for the" +"impeachment of a judge of a high court is the same as that for a" +"judge of the Supreme Court." +"It is interesting to know that no judge of a high court has been" +"impeached so far." +"" +"Transfer of Judges" +"The President can transfer a judge from one high court to another" +"after consulting the Chief Justice of India. On transfer, he is" +"entitled to receive in addition to his salary such compensatory" +"allowance as may be determined by Parliament." +"In 1977, the Supreme Court ruled that the transfer of high court" +"judges could be resorted to only as an exceptional measure and" +"only in public interest and not by way of punishment. Again in" +"1994, the Supreme Court held that judicial review is necessary to" +"check arbitrariness in transfer of judges. But, only the judge who" +"is transferred can challenge it." +"In the Third Judges case (1998), the Supreme Court opined" +"that in case of the transfer of high court judges, the Chief Justice" +"of India should consult, in addition to the collegium of four" +"seniormost judges of the Supreme Court, the chief justice of the" +"two high courts (one from which the judge is being transferred and" +"the other receiving him). Thus, the sole opinion of the chief justice" +"of India does not constitute the ‘consultation’ process." +" ACTING, ADDITIONAL AND RETIRED JUDGES" +"" +"Acting Chief Justice" +"The President can appoint a judge of a high court as an acting" +"chief justice of the high court when:" +"1. the office of chief justice of the high court is vacant; or" +"2. the chief justice of the high court is temporarily absent; or" +"3. the chief justice of the high court is unable to perform the" +"duties of his office." +"" +"Additional and Acting Judges" +"The President can appoint duly qualified persons as additional" +"judges of a high court for a temporary period not exceeding two" +"years when:" +"1. there is a temporary increase in the business of the high" +"court; or" +"2. there are arrears of work in the high court." +"The President can also appoint a duly qualified person as an" +"acting judge of a high court when a judge of that high court (other" +"than the chief justice) is:" +"1. unable to perform the duties of his office due to absence or" +"any other reason; or" +"2. appointed to act temporarily as chief justice of that high" +"court." +"An acting judge holds office until the permanent judge resumes" +"his office. However, both the additional or acting judge cannot" +"hold office after attaining the age of 62 years." +"" +"Retired Judges" +"At any time, the chief justice of a high court of a state can request" +"a retired judge of that high court or any other high court to act as a" +"judge of the high court of that state for a temporary period. He can" +"do so only with the previous consent of the President and also of" +"the person to be so appointed. Such a judge is entitled to such" +"allowances as the President may determine. He will also enjoy all" +"the jurisdiction, powers and privileges of a judge of that high court." +" But, he will not otherwise be deemed to be a judge of that high" +"court." +" INDEPENDENCE OF HIGH COURT" +"" +"The independence of a high court is very essential for the" +"effective discharge of the duties assigned to it. It should be free" +"from the encroachments, pressures and interferences of the" +"executive (council of ministers) and the legislature. It should be" +"allowed to do justice without fear or favour." +"The Constitution has made the following provisions to" +"safeguard and ensure the independent and impartial functioning" +"of a high court." +"" +"1. Mode of Appointment" +"The judges of a high court are appointed by the president (which" +"means the cabinet) in consultation with the members of the" +"judiciary itself (i.e., chief justice of India and the chief justice of the" +"high court). This provision curtails the absolute discretion of the" +"executive as well as ensures that the judicial appointments are not" +"based on any political or practical considerations." +"" +"2. Security of Tenure" +"The judges of a high court are provided with the security of tenure." +"They can be removed from office by the president only in the" +"manner and on the grounds mentioned in the Constitution. This" +"means that they do not hold their office during the pleasure of the" +"president, though they are appointed by him. This is obvious from" +"the fact that no judge of a high court has been removed (or" +"impeached) so far." +"" +"3. Fixed Service Conditions" +"The salaries, allowances, privileges, leave and pension of the" +"judges of a high court are determined from time to time by the" +"Parliament. But, they cannot be changed to their disadvantage" +"after their appointment except during a financial emergency. Thus," +"the conditions of service of the judges of a high court remain" +"same during their term of office." +"" +"4. Expenses Charged on Consolidated Fund" +" The salaries and allowances of the judges, the salaries," +"allowances and pensions of the staff as well as the administrative" +"expenses of a high court are charged on the consolidated fund of" +"the state. Thus, they are non-votable by the state legislature" +"(though they can be discussed by it). It should be noted here that" +"the pension of a high court judge is charged on the Consolidated" +"Fund of India and not the state." +"" +"5. Conduct of Judges cannot be Discussed" +"The Constitution prohibits any discussion in Parliament or in a" +"state legislature with respect to the conduct of the judges of a high" +"court in the discharge of their duties, except when an" +"impeachment motion is under consideration of the Parliament." +"" +"6. Ban on Practice after Retirement" +"The retired permanent judges of a high court are prohibited from" +"pleading or acting in any court or before any authority in India" +"except the Supreme Court and the other high courts. This ensures" +"that they do not favour any one in the hope of future favour." +"" +"7. Power to Punish for its Contempt" +"A high court can punish any person for its contempt. Thus, its" +"actions and decisions cannot be criticised and opposed by" +"anybody. This power is vested in a high court to maintain its" +"authority, dignity and honour." +"" +"8. Freedom to Appoint its Staff" +"The chief justice of a high court can appoint officers and servants" +"of the high court without any interference from the executive. He" +"can also prescribe their conditions of service." +"" +"9. Its Jurisdiction cannot be Curtailed" +"The jurisdiction and powers of a high court in so far as they are" +"specified in the Constitution cannot be curtailed both by the" +"Parliament and the state legislature. But, in other respects, the" +"jurisdiction and powers of a high court can be changed both by" +"the parliament and the state legislature." +"" +"10. Separation from Executive" +" The Constitution directs the state to take steps to separate the" +"judiciary from the executive in public services. This means that the" +"executive authorities should not possess the judicial powers." +"Consequent upon its implementation, the role of executive" +"authorities in judicial administration came to an end7 ." +" JURISDICTION AND POWERS OF HIGH COURT" +"" +"Like the Supreme Court, the high court has been vested with quite" +"extensive and effective powers. It is the highest court of appeal in" +"the state. It is the protector of the Fundamental Rights of the" +"citizens. It is vested with the power to interpret the Constitution." +"Besides, it has supervisory and consultative roles." +"However, the Constitution does not contain detailed provisions" +"with regard to the jurisdiction and powers of a high court. It only" +"lays down that the jurisdiction and powers of a high court are to be" +"the same as immediately before the commencement of the" +"Constitution. But, there is one addition, that is, the Constitution" +"gives a high court jurisdiction over revenue matters (which it did" +"not enjoy in the pre-con-stitution era). The Constitution also" +"confers (by other provisions) some more additional powers on a" +"high court like writ jurisdiction, power of superintendence," +"consultative power, etc. Moreover, it empowers the Parliament" +"and the state legislature to change the jurisdiction and powers of a" +"high court." +"At present, a high court enjoys the following jurisdiction and" +"powers:" +"1. Original jurisdiction." +"2. Writ jurisdiction." +"3. Appellate jurisdiction." +"4. Supervisory jurisdiction." +"5. Control over subordinate courts." +"6. A court of record." +"7. Power of judicial review." +"The present jurisdiction and powers of a high court are" +"governed by (a) the constitutional provisions, (b) the Letters" +"Patent, (c) the Acts of Parliament, (d) the Acts of State" +"Legislature, (e) Indian Penal Code, 1860, (f) Cirminal Procedure" +"Code, 1973, and (g) Civil Procedure Code, 1908." +"" +"1. Original Jurisdiction" +"It means the power of a high court to hear disputes in the first" +"instance, not by way of appeal. It extends to the following:" +" (a) Matters of admirality and contempt of court." +"(b) Disputes relating to the election of members of Parliament" +"and state legislatures." +"(c) Regarding revenue matter or an act ordered or done in" +"revenue collection." +"(d) Enforcement of fundamental rights of citizens." +"(e) Cases ordered to be transferred from a subordinate court" +"involving the interpretation of the Constitution to its own file." +"(f) The four high courts (i.e., Calcutta, Bombay, Madras and" +"Delhi High Courts) have original civil jurisdiction in cases of" +"higher value." +"Before 1973, the Calcutta, Bombay and Madras High Courts" +"also had original criminal jurisdiction. This was fully abolished by" +"the Criminal Procedure Code, 1973." +"" +"2. Writ Jurisdiction" +"Article 226 of the Constitution empowers a high court to issue" +"writs including habeas corpus, mandamus, certiorari, prohibition" +"and quo warranto for the enforcement of the fundamental rights of" +"the citizens and for any other purpose. The phrase ‘for any other" +"purpose’ refers to the enforcement of an ordinary legal right. The" +"high court can issue writs to any person, authority and" +"government not only within its territorial jurisdiction but also" +"outside its territorial jurisdiction if the cause of action arises within" +"its territorial jurisdiction8 ." +"The writ jurisdiction of the high court (under Article 226) is not" +"exclusive but concurrent with the writ jurisdiction of the Supreme" +"Court (under Article 32). It means, when the fundamental rights of" +"a citizen are violated, the aggrieved party has the option of" +"moving either the high court or the Supreme Court directly." +"However, the writ jurisdiction of the high court is wider than that of" +"the Supreme Court. This is because, the Supreme Court can" +"issue writs only for the enforcement of fundamental rights and not" +"for any other purpose, that is, it does not extend to a case where" +"the breach of an ordinary legal right is alleged." +"In the Chandra Kumar case9 (1997), the Supreme Court ruled" +"that the writ jurisdiction of both the high court and the Supreme" +" Court constitute a part of the basic structure of the Constitution." +"Hence, it cannot be ousted or excluded even by way of an" +"amendment to the Constitution." +"" +"3. Appellate Jurisdiction" +"A high court is primarily a court of appeal. It hears appeals against" +"the judgements of subordinate courts functioning in its territorial" +"jurisdiction. It has appellate jurisdiction in both civil and criminal" +"matters. Hence, the appellate jurisdiction of a high court is wider" +"than its original jurisdiction." +"" +"(a) Civil Matters" +"The civil appellate jurisdiction of a high court is as follows:" +"(i) First appeals from the orders and judgements of the district" +"courts, additional district courts and other subordinate courts" +"lie directly to the high court, on both questions of law and fact," +"if the amount exceeds the stipulated limit." +"(ii) Second appeals from the orders and judgements of the" +"district court or other subordinate courts lie to the high court in" +"the cases involving questions of law only (and not questions" +"of fact)." +"(iii) The Calcutta, Bombay and Madras High Courts have" +"provision for intra-court appeals. When a single judge of the" +"high court has decided a case (either under the original or" +"appellate jurisdiction of the high court), an appeal from such a" +"decision lies to the division bench of the same high court." +"(iv) Appeals from the decisions of the administrative and other" +"tribunals lie to the division bench of the state high court. In" +"1997, the Supreme Court ruled that the tribunals are subject" +"to the writ jurisdiction of the high courts. Consequently, it is" +"not possible for an aggrieved person to approach the" +"Supreme Court directly against the decisions of the tribunals," +"without first going to the high courts." +"" +"(b) Criminal Matters" +"The criminal appellate jurisdiction of a high court is as follows:" +"(i) Appeals from the judgements of sessions court and additional" +"sessions court lie to the high court if the sentence is one of" +" imprisonment for more than seven years. It should also be" +"noted here that a death sentence (popularly known as capital" +"punishment) awarded by a sessions court or an additional" +"sessions court should be confirmed by the high court before it" +"can be executed, whether there is an appeal by the convicted" +"person or not." +"(ii) In some cases specified in various provisions of the Criminal" +"Procedure Code (1973), the appeals from the judgements of" +"the assistant sessions judge, metropolitan magistrate or other" +"magistrates (judicial) lie to the high court." +"" +"4. Supervisory Jurisdiction" +"A high court has the power of superintendence over all courts and" +"tribunals functioning in its territorial jurisdiction (except military" +"courts or tribunals). Thus, it may–" +"(a) call for returns from them;" +"(b) make and issue, general rules and prescribe forms for" +"regulating the practice and proceedings of them;" +"(c) prescribe forms in which books, entries and accounts are to" +"be kept by them; and" +"(d) settle the fees payable to the sheriff, clerks, officers and legal" +"practitioners of them." +"This power of superintendence of a high court is very broad" +"because, (i) it extends to all courts and tribunals whether they are" +"subject to the appellate jurisdiction of the high court or not; (ii) it" +"covers not only administrative superintendence but also judicial" +"superintendence; (iii) it is a revisional jurisdiction; and (iv) it can be" +"suo-motu (on its own) and not necessarily on the application of a" +"party." +"However, this power does not vest the high court with any" +"unlimited authority over the subordinate courts and tribunals. It is" +"an extraordinary power and hence has to be used most sparingly" +"and only in appropriate cases. Usually, it is limited to, (i) excess of" +"jurisdiction, (ii) gross violation of natural justice, (iii) error of law," +"(iv) disregard to the law of superior courts, (v) perverse findings," +"and (vi) manifest injustice." +" 5. Control over Subordinate Courts" +"In addition to its appellate jurisdiction and supervisory jurisdiction" +"over the subordinate courts as mentioned above, a high court has" +"an administrative control and other powers over them. These" +"include the following:" +"(a) It is consulted by the governor in the matters of appointment," +"posting and promotion of district judges and in the" +"appointments of persons to the judicial service of the state" +"(other than district judges)." +"(b) It deals with the matters of posting, promotion, grant of leave," +"transfers and discipline of the members of the judicial service" +"of the state (other than district judges)." +"(c) It can withdraw a case pending in a subordinate court if it" +"involves a substantial question of law that require the" +"interpretation of the Constitution. It can then either dispose of" +"the case itself or determine the question of law and return the" +"case to the subordinate court with its judgement." +"(d) Its law is binding on all subordinate courts functioning within" +"its territorial jurisdiction in the same sense as the law" +"declared by the Supreme Court is binding on all courts in" +"India." +"" +"6. A Court of Record" +"As a court of record, a high court has two powers:" +"(a) The judgements, proceedings and acts of the high courts are" +"recorded for perpetual memory and testimony. These records" +"are admitted to be of evidentiary value and cannot be" +"questioned when produced before any subordinate court." +"They are recognised as legal precedents and legal" +"references." +"(b) It has power to punish for contempt of court, either with" +"simple imprisonment or with fine or with both." +"The expression ‘contempt of court’ has not been defined by the" +"Constitution. However, the expression has been defined by the" +"Contempt of Court Act of 1971. Under this, contempt of court may" +"be civil or criminal. Civil contempt means wilful disobedience to" +"any judgement, order, writ or other process of a court or wilful" +" breach of an undertaking given to a court. Criminal contempt" +"means the publication of any matter or doing an act which–(i)" +"scandalises or lowers the authority of a court; or (ii) prejudices or" +"interferes with the due course of a judicial proceeding; or (iii)" +"interferes or obstructs the administration of justice in any other" +"manner." +"However, innocent publication and distribution of some matter," +"fair and accurate report of judicial proceedings, fair and" +"reasonable criticism of judicial acts and comment on the" +"administrative side of the judiciary do not amount to contempt of" +"court." +"As a court of record, a high court also has the power to review" +"and correct its own judgement or order or decision, even though" +"no specific power of review is conferred on it by the Constitution." +"The Supreme Court, on the other hand, has been specifically" +"conferred with the power of review by the constitution." +"" +"7. Power of Judicial Review" +"Judicial review is the power of a high court to examine the" +"constitutionality of legislative enactments and executive orders of" +"both the Central and state governments. On examination, if they" +"are found to be violative of the Constitution (ultra-vires), they can" +"be declared as illegal, unconstitutional and invalid (null and void)" +"by the high court. Consequently, they cannot be enforced by the" +"government." +"Though the phrase ‘judicial review’ has no where been used in" +"the Constitution, the provisions of Articles 13 and 226 explicitly" +"confer the power of judicial review on a high court. The" +"constitutional validity of a legislative enactment or an executive" +"order can be challenged in a high court on the following three" +"grounds:" +"(a) it infringes the fundamental rights (Part III)," +"(b) it is outside the competence of the authority which has" +"framed it, and" +"(c) it is repugnant to the constitutional provisions." +"The 42nd Amendment Act of 1976 curtailed the judicial review" +"power of high court. It debarred the high courts from considering" +" the constitutional validity of any central law. However, the 43rd" +"Amendment Act of 1977 restored the original position." +"" +"Table 34.1 Name and Jurisdiction of High Courts" +"Name Year of Territorial Seat" +"establishment Jurisdiction" +"1. Allahabad 1866 Uttar Pradesh Allahabad" +"(Bench at" +"Lucknow)" +"2. Andhra 2019 Andhra Pradesh Amaravati" +"Pradesh" +"3. Bombay13 1862 Maharashta, Mumbai" +"Goa, Dadra and (Benches at" +"Nagar Haveli Nagpur," +"and Daman and Panaji and" +"Diu Aurangabad)" +"4. Calcutta13 1862 West Bengal Kolkata" +"and Andaman (Circuit" +"and Nicobar Bench at" +"Islands Port Blair)" +"5. Chhattisgarh 2000 Chhattisgarh Bilaspur" +"6. Delhi 1966 Delhi Delhi" +"7. Guwahati 194810 Assam, Guwahati" +"Nagaland, (Benches at" +"Mizoram and Kohima," +"Arunachal Aizawl and" +"Pradesh14 Itanagar)" +"8. Gujarat 1960 Gujarat Ahmedabad" +"9. Himachal 1971 Himachal Simla" +"Pradesh Pradesh" +"10. Jammu and 1928 Jammu and Srinagar and" +"Kashmir Kashmir and Jammu" +"Ladakh" +"11. Jharkhand 2000 Jharkhand Ranchi" +" 12. Karnataka 188411 Karnataka Bengaluru" +"13. Kerala 1956 Kerala and Ernakulam" +"Lakshadweep" +"14. Madhya 1956 Madhya Jabalpur" +"Pradesh Pradesh (Benches at" +"Gwalior and" +"Indore)" +"15. Madras13 1862 Tamil Nadu and Chennai" +"Puducherry" +"16. Manipur15 2013 Manipur Imphal" +"17. Meghalaya15 2013 Meghalaya Shillong" +"18. Orissa16 1948 Odisha Cuttack" +"19. Patna 1916 Bihar Patna" +"20. Punjab and 187512 Punjab, Chandigarh" +"Haryana Haryana and" +"Chandigarh" +"21. Rajasthan 1949 Rajasthan Jodhpur" +"(Bench at" +"Jaipur)" +"22. Sikkim 1975 Sikkim Gangtok" +"23. Telangana17 1954 Telangana Hyderabad" +"24. Tripura15 2013 Tripura Agartala" +"25. Uttarakhand 2000 Uttarakhand Nainital" +"" +"Table 34.2 Articles Related to High Courts at a Glance" +"Article No. Subject Matter" +"214. High Courts for states" +"215. High Courts to be courts of record" +"216. Constitution of High Courts" +"217. Appointment and conditions of the office of a" +"Judge of a High Court" +" 218. Application of certain provisions relating to" +"Supreme Court to High Courts" +"219. Oath or affirmation by judges of High Courts" +"220. Restriction on practice after being a permanent" +"judge" +"221. Salaries etc., of judges" +"222. Transfer of a judge from one High Court to" +"another" +"223. Appointment of acting Chief Justice" +"224. Appointment of additional and acting judges" +"224A. Appointment of retired judges at sittings of" +"High Courts" +"225. Jurisdiction of existing High Courts" +"226. Power of High Courts to issue certain writs" +"226A. Constitutional validity of Central laws not to be" +"considered in proceedings under Article 226" +"(Repealed)" +"227. Power of superintendence over all courts by" +"the High Court" +"228. Transfer of certain cases to High Court" +"228A. Special provisions as to disposal of questions" +"relating to constitutional validity of state laws" +"(Repealed)" +"229. Officers and servants and the expenses of" +"High Courts" +"230. Extension of jurisdiction of High Courts to" +"union territories" +"231. Establishment of a common High Court for two" +"or more states" +"232. Interpretation (Repealed)" +" NOTES AND REFERENCES" +"1. These three high courts were set up under the" +"provisions of the Indian High Courts Act, 1861." +"2. With the creation of three more new states in 2000, the" +"number of high courts increased from 18 to 21. Again," +"with the creation of separate high courts for the three" +"north-eastern states of Manipur, Meghalaya and Tripura" +"in 2013, the number of high courts increased from 21 to" +"24. Further, with the establishment of a separate high" +"court for the state of Andhra Pradesh in 2019, the" +"number of high courts increased from 24 to 25." +"3. Supreme Court Advocates v. Union of India (1993)." +"4. In re Presidential Reference (1998). The president" +"sought the Supreme Court’s opinion (under Article 143)" +"on certain doubts over the consultation process to be" +"adopted by the chief justice of India as stipulated in the" +"1993 case." +"4a. Supreme Court Advocates-on-Record Association and" +"another vs. Union of India (2015)." +"5. The retirement age has been raised from 60 to 62 years" +"by the 15th Amendment Act of 1963." +"6. In 1950, their salaries were fixed at ₹4,000 per month" +"and ₹3,500 per month respectively. In 1986, their" +"salaries were raised to ₹9,000 per month and ₹8,000" +"per month respectively. In 1998, their salaries were" +"raised to ₹30,000 per month and ₹26,000 per month" +"respectively. In 2009, their salaries were raised to" +"₹90,000 per month and ₹80,000 per month respectively." +"7. The Criminal Procedure Code (1973) has effected the" +"separation of judiciary from the executive (Article 50" +"under the Directive Principles of State Policy)." +"8. The second provision was added by the 15th" +"Constitutional Amendment Act of 1963." +"9. L. Chandra Kumar v. Union of India (1997)." +"10. Originally known as Assam High Court and renamed" +"Guwahati High Court in 1971." +" 11. Originally known as Mysore High Court and renamed" +"Karnataka High Court in 1973." +"12. Originally known as Punjab High Court and renamed" +"Punjab and Haryana High Court in 1966." +"13. Though the names of Bombay, Calcutta and Madras" +"are changed to Mumbai, Kolkata and Chennai" +"respectively, the names of respective high courts are" +"not changed." +"14. In 2013, separate high courts were created for the three" +"north-eastern states of Manipur, Meghalaya and Tripura." +"15. Established by the North-Eastern Areas" +"(Reorganisation) and other Related Laws (Amendment)" +"Act, 2012." +"16. Though the name of Orissa is changed to Odisha, the" +"name of Orissa High Court is not changed." +"17. Originally known as Andhra Pradesh High Court" +"(established in 1954). In 2014, it was renamed as the" +"“High Court of Judicature at Hyderabad” and was made" +"a common high court for the states of Andhra Pradesh" +"and Telangana. Again, with the establishment of a" +"separate high court for the state of Andhra Pradesh in" +"2019, it became the high court for the state of" +"Telangana." +" 35 Tribunals" +"" +"" +"" +"" +"T" +"he original Constitution did not contain provisions with" +"respect to tribunals. The 42nd Amendment Act of 1976" +"added a new Part XIV-A to the Constitution. This part is" +"entitled as ‘Tribunals’ and consists of only two Articles–Article 323" +"A dealing with administrative tribunals and Article 323 B dealing" +"with tribunals for other matters." +" ADMINISTRATIVE TRIBUNALS" +"" +"Article 323 A empowers the Parliament to provide for the" +"establishment of administrative tribunals for the adjudication of" +"disputes relating to recruitment and conditions of service of" +"persons appointed to public services of the Centre, the states," +"local bodies, public corporations and other public authorities. In" +"other words, Article 323 A enables the Parliament to take out the" +"adjudication of disputes relating to service matters from the civil" +"courts and the high courts and place it before the administrative" +"tribunals." +"In pursuance of Article 323 A, the Parliament has passed the" +"Administrative Tribunals Act in 1985. The act authorises the" +"Central government to establish one Central administrative" +"tribunal and the state administrative tribunals. This act opened a" +"new chapter in the sphere of providing speedy and inexpensive" +"justice to the aggrieved public servants." +"" +"Central Administrative Tribunal (CAT)" +"The Central Administrative Tribunal (CAT) was set up in 1985 with" +"the principal bench at Delhi and additional benches in different" +"states. At present, it has 17 regular benches, 15 of which operate" +"at the principal seats of high courts and the remaining two at" +"Jaipur and Lucknow1. These benches also hold circuit sittings at" +"other seats of high courts." +"The CAT exercises original jurisdiction in relation to recruitment" +"and all service matters of public servants covered by it. Its" +"jurisdiction extends to the all-India services, the Central civil" +"services, civil posts under the Centre and civilian employees of" +"defence services. However, the members of the defence forces," +"officers and servants of the Supreme Court and the secretarial" +"staff of the Parliament are not covered by it." +"The CAT is a multi-member body consisting of a chairman and" +"members. Originally, the CAT consisted of a Chairman, Vice-" +"Chairman and members. Later, in 2006, the provision for the Vice-" +"Chairman was removed by the Administrative Tribunals" +" (Amendment) Act, 2006. Hence, there are now no Vice-Chairman" +"in the CAT. At present (2019), the sanctioned strength of the" +"Chairman is one and sanctioned strength of the Members is 65." +"They are drawn from both judicial and administrative streams and" +"are appointed by the president. They hold office for a term of five" +"years or until they attain the age of 65 years in case of chairman" +"and 62 years in case of members, whichever is earlier." +"The appointment of Members in CAT is made on the basis of" +"recommendations of a high powered selection committee chaired" +"by a sitting Judge of Supreme Court who is nominated by the" +"Chief Justice of India. After obtaining the concurrence of Chief" +"Justice of India, appointments are made with the approval of" +"Appointments Committee of the Cabinet (ACC)." +"The CAT is not bound by the procedure laid down in the Civil" +"Procedure Code of 1908. It is guided by the principles of natural" +"justice. These principles keep the CAT flexible in approach. Only a" +"nominal fee of ₹50 is to be paid by the applicant. The applicant" +"may appear either in person or through a lawyer." +"Originally, appeals against the orders of the CAT could be" +"made only in the Supreme Court and not in the high courts." +"However, in the Chandra Kumar case2 (1997), the Supreme Court" +"declared this restriction on the jurisdiction of the high courts as" +"unconstitutional, holding that judicial review is a part of the basic" +"structure of the Constitution. It laid down that appeals against the" +"orders of the CAT shall lie before the division bench of the" +"concerned high court. Consequently, now it is not possible for an" +"aggrieved public servant to approach the Supreme Court directly" +"against an order of the CAT, without first going to the concerned" +"high court." +"" +"State Administrative Tribunals" +"The Administrative Tribunals Act of 1985 empowers the Central" +"government to establish the State Administrative Tribunals (SATs)" +"on specific request of the concerned state governments. So far" +"(2019), the SATs have been set up in the nine states of Andhra" +"Pradesh, Himachal Pradesh, Odisha, Karnataka, Madhya" +"Pradesh, Maharashtra, Tamil Nadu, West Bengal and Kerala." +" However, the Madhya Pradesh, Tamil Nadu and Himachal" +"Pradesh Tribunals have since been abolished." +"But subsequently, the Himachal Pradesh reestablished the SAT" +"and the state of Tamil Nadu has also requested now to re-" +"establish the same. Further, the state government of Haryana has" +"requested to establish the SAT for their state. On the other hand," +"the state government of Odisha has submitted a proposal for" +"abolition of Odisha Administrative Tribunal." +"Like the CAT, the SATs exercise original jurisdiction in relation" +"to recruitment and all service matters of state government" +"employees." +"The chairman and members of the SATs are appointed by the" +"president after consultation with the governor of the state" +"concerned." +"The act also makes a provision for setting up of joint" +"administrative tribunal (JAT) for two or more states. A JAT" +"exercises all the jurisdiction and powers exercisable by the" +"administrative tribunals for such states." +"The chairman and members of a JAT are appointed by the" +"president after consultation with the governors of the concerned" +"states." +" TRIBUNALS FOR OTHER MATTERS" +"" +"Under Article 323 B, the Parliament and the state legislatures are" +"authorised to provide for the establishment of tribunals for the" +"adjudication of disputes relating to the following matters:" +"(a) Taxation" +"(b) Foreign exchange, import and export" +"(c) Industrial and labour" +"(d) Land reforms" +"(e) Ceiling on urban property" +"(f) Elections to Parliament and state legislatures" +"(g) Food stuffs" +"(h) Rent and tenancy rights3" +"Articles 323 A and 323 B differs in the following three aspects:" +"1. While Article 323 A contemplates establishment of tribunals" +"for public service matters only, Article 323 B contemplates" +"establishment of tribunals for certain other matters" +"(mentioned above)." +"2. While tribunals under Article 323 A can be established only" +"by Parliament, tribunals under Article 323 B can be" +"established both by Parliament and state legislatures with" +"respect to matters falling within their legislative competence." +"3. Under Article 323 A, only one tribunal for the Centre and one" +"for each state or two or more states may be established." +"There is no question of hierarchy of tribunals, whereas under" +"Article 323 B a hierarchy of tribunals may be created." +"In Chandra Kumar case4 (1997), the Supreme Court declared" +"those provisions of these two articles which excluded the" +"jurisdiction of the high courts and the Supreme Court as" +"unconstitutional. Hence, the judicial remedies are now available" +"against the orders of these tribunals." +"" +"Table 35.1 Name and Jurisdiction of Benches of CAT" +"Sl. Bench Territorial Jurisdiction of the" +"No. Bench" +"1. Principal Bench, Delhi" +" Delhi" +"2. Allahabad Bench Uttar Pradesh (except the districts" +"covered by Lucknow Bench) and" +"Uttarakhand" +"3. Lucknow Bench Uttar Pradesh (except the districts" +"covered by the Allahabad Bench)" +"4. Cuttack Bench Odisha" +"5. Hyderabad Bench Andhra Pradesh and Telangana" +"6. Bangalore Bench Karnataka" +"7. Madras Bench Tamil Nadu and Puducherry" +"8. Ernakulam Bench Kerala and Lakshadweep" +"9. Bombay Bench Maharashtra, Goa, Dadra and" +"Nagar Haveli, and Daman and Diu" +"10. Ahmedabad Bench Gujarat" +"11. Jodhpur Bench Rajasthan (except the districts" +"covered by the Jaipur Bench)" +"12. Jaipur Bench Rajasthan (except the districts" +"covered by the Jodhpur Bench)" +"13. Chandigarh Bench Haryana, Himachal Pradesh," +"Punjab, Chandigarh, J&K and" +"Ladakh" +"14. Jabalpur Bench Madhya Pradesh and Chhattisgarh" +"15. Patna Bench Bihar and Jharkhand" +"16. Calcutta Bench West Bengal, Sikkim and Andaman" +"and Nicobar Islands" +"17. Guwahati Bench Assam, Meghalaya, Manipur," +"Tripura, Nagaland, Mizoram and" +"Arunachal Pradesh" +"" +"Table 35.2 Circuit Sittings of Benches of CAT" +"Sl. Bench Circuit Sittings held at" +"No." +" 1. Allahabad Bench Nainital" +"2. Calcutta Bench Port Blair, Gangtok" +"3. Chandigarh Bench Shimla, Jammu, Srinagar" +"4. Madras Bench Puducherry" +"5. Guwahati Bench Shillong, Itanagar, Kohima," +"Agartala, Imphal, Aizwal" +"6. Jabalpur Bench Indore, Gwalior, Bilaspur" +"7. Bombay Bench Nagpur, Aurangabad, Panaji" +"8. Patna Bench Ranchi" +"9. Ernakulam Bench Lakshadweep" +"" +"Table 35.3 Articles Related to Tribunals at a Glance" +"Article No. Subject-matter" +"323A. Administrative tribunals" +"323B. Tribunals for other matters" +"" +"" +"NOTES AND REFERENCES" +"1. See Table 35.1 at the end of this chapter." +"2. L. Chandra Kumar v. Union of India, (1997). Clause 2(d)" +"of Article 323 A was declared as unconstitutional." +"3. Added by the 75th Amendment Act of 1993." +"4. L. Chandra Kumar v. Union of India, (1997). Clause 2(d)" +"of Article 323 A and Clause 3(d) of Article 323 B were" +"declared as unconstitutional." +" 36 Subordinate Courts" +"" +"" +"" +"" +"T" +"he state judiciary consists of a high court and a hierarchy of" +"subordinate courts, also known as lower courts. The" +"subordinate courts are so called because of their subordination" +"to the state high court. They function below and under the high court" +"at district and lower levels." +" CONSTITUTIONAL PROVISIONS" +"Articles 233 to 237 in Part VI of the Constitution make the following" +"provisions to regulate the organization of subordinate courts and to" +"ensure their independence from the executive1 ." +"" +"1. Appointment of District Judges" +"The appointment, posting and promotion of district judges in a state" +"are made by the governor of the state in consultation with the high" +"court." +"A person to be appointed as district judge should have the following" +"qualifications:" +"(a) He should not already be in the service of the Central or the state" +"government." +"(b) He should have been an advocate or a pleader for seven years." +"(c) He should be recommended by the high court for appointment." +"" +"2. Appointment of District Judges" +"Appointment of persons (other than district judges) to the judicial" +"service of a state are made by the governor of the state after" +"consultation with the State Public Service Commission and the high" +"court2 ." +"" +"3. Control over Subordinate Courts" +"The control over district courts and other subordinate courts including" +"the posting, promotion and leave of persons belonging to the judicial" +"service of a state and holding any post inferior to the post of district" +"judge is vested in the high court." +"" +"4. Interpretation" +"The expression ‘district judge’ includes judge of a city civil court," +"additional district judge, joint district judge, assistant district judge," +"chief judge of a small cause court, chief presidency magistrate," +"additional chief presidency magistrate, sessions judge, additional" +"sessions judge and assistant sessions judge." +"The expression ‘judicial service’ means a service consisting" +"exclusively of persons intended to fill the post of district judge and" +"other civil judicial posts inferior to the post of district judge." +"" +"5. Application of the above Provisions to Certain Magistrates" +" The Governor may direct that the above mentioned provisions relating" +"to persons in the state judicial service would apply to any class or" +"classes of magistrates in the state." +" STRUCTURE AND JURISDICTION" +"The organisational structure, jurisdiction and nomenclature of the" +"subordinate judiciary are laid down by the states. Hence, they differ" +"slightly from state to state. Broadly speaking, there are three tiers of" +"civil and criminal courts below the High Court. This is shown as" +"follows:" +"" +"" +"" +"" +"The district judge is the highest judicial authority in the district. He" +"possesses original and appellate jurisdiction in both civil as well as" +"criminal matters. In other words, the district judge is also the sessions" +"judge. When he deals with civil cases, he is known as the district" +"judge and when he hears the criminal cases, he is called as the" +"sessions judge. The district judge exercises both judicial and" +"administrative powers. He also has supervisory powers over all the" +"subordinate courts in the district. Appeals against his orders and" +"judgements lie to the High Court. The sessions judge has the power to" +"impose any sentence including life imprisonment and capital" +"punishment (death sentence). However, a capital punishment passed" +"by him is subject to confirmation by the High Court, whether there is" +"an appeal or not." +"Below the District and Sessions Court stands the Court of" +"Subordinate Judge on the civil side and the Court of Chief Judicial" +"Magistrate on the criminal side. The subordinate judge exercises" +"unlimited pecuniary jurisdiction over civil suits3. The chief judicial" +"magistrate decides criminal cases which are punishable with" +"imprisonment for a term up to seven years." +"At the lowest level, on the civil side, is the Court of Munsiff and on" +"the criminal side, is the Court of Judicial Magistrate. The munsiff" +"possesses limited jurisdiction and decides civil cases of small" +" pecuniary stake4. The judicial magistrate tries criminal cases which" +"are punishable with imprisonment for a term up to three years." +"In some metropolitan cities, there are city civil courts (chief judges)" +"on the civil side and the courts of metropolitan magistrates on the" +"criminal side." +"Some of the States and Presidency towns have established small" +"causes courts5. These courts decide the civil cases of small value in a" +"summary manner. Their decisions are final, but the High Court" +"possesses a power of revision." +"In some states, Panchayat Courts try petty civil and criminal cases." +"They are variously known as Nyaya Panchayat, Gram Kutchery," +"Adalati Panchayat, Panchayat Adalat and so on." +"" +"Table 36.1 Articles Related to Subordinate Courts at a Glance" +"Article No. Subject Matter" +"233. Appointment of district judges" +"233A. Validation of appointments of, and judgements," +"etc., delivered by certain district judges" +"234. Recruitment of persons other than district judges" +"to the judicial service" +"235. Control over subordinate courts" +"236. Interpretation" +"237. Application of the provisions of this Chapter to" +"certain class or classes of Magistrates" +" NATIONAL LEGAL SERVICES AUTHORITY6" +"" +"Article 39A of the Constitution of India provides for free legal aid to the" +"poor and weaker sections of the society and ensures justice for all." +"Articles 14 and 22(1) of the Constitution also make it obligatory for the" +"State to ensure equality before law and a legal system which" +"promotes justice on the basis of equal opportunity to all. In the year" +"1987, the Legal Services Authorities Act was enacted by the" +"Parliament which came into force on 9th November, 1995 to establish" +"a nationwide uniform network for providing free and competent legal" +"services to the weaker sections of the society on the basis of equal" +"opportunity. The National Legal Services Authority (NALSA) has been" +"constituted under the Legal Services Authorities Act, 1987 to monitor" +"and evaluate implementation of legal aid programmes and to lay down" +"policies and principles for making legal services available under the" +"Act." +"In every State, a State Legal Services Authority and in every High" +"Court, a High Court Legal Services Committee have been constituted." +"The District Legal Services Authorities, Taluk Legal Services" +"Committees have been constituted in the Districts and most of the" +"Taluks to give effect to the policies and directions of the NALSA and to" +"provide free legal services to the people and conduct Lok Adalats in" +"the State." +"The Supreme Court Legal Services Committee has been" +"constituted to administer and implement the legal services programme" +"insofar as it relates to the Supreme Court of India." +"The NALSA lays down policies, principles, guidelines and frames" +"effective and economical schemes for the State Legal Services" +"Authorities to implement the Legal Services Programmes throughout" +"the country." +"Primarily, the State Legal Services Authorities, District Legal" +"Services Authorities, Taluk Legal Services Committees, etc. have" +"been asked to discharge the following main functions on regular basis:" +"1. To provide free and competent legal services to the eligible" +"persons." +"2. To organise Lok Adalats for amicable settlement of disputes." +"3. To organise legal awareness camps in the rural areas." +"The free legal services include:" +" (a) Payment of court fee, process fees and all other charges payable" +"or incurred in connection with any legal proceedings." +"(b) Providing service of lawyers in legal proceedings." +"(c) Obtaining and supply of certified copies of orders and other" +"documents in legal proceedings." +"(d) Preparation of appeal, paper book including printing and" +"translation of documents in legal proceedings." +"The persons eligible for getting free legal services include:" +"(i) Women and children" +"(ii) Members of SC/ST" +"(iii) Industrial workmen" +"(iv) Victims of mass disaster, violence, f lood, drought, earthquak" +"industrial disaster" +"(v) Disabled persons" +"(vi) Persons in custody" +"(vii) Persons whose annual income does not exceed ₹1 lakh (in t" +"Supreme Court Legal Services Committee the limit" +"₹1,25,000/-)" +"(viii) Victims of trafficking in human beings or begar." +" LOK ADALATS" +"" +"The Lok Adalat is a forum where the cases (or disputes) which are" +"pending in a court or which are at pre-litigation stage (not yet brought" +"before a court) are compromised or settled in an amicable manner." +"" +"Meaning" +"The Supreme Court has explained the meaning of the institution of" +"Lok Adalat in the following way7 :" +"The ‘Lok Adalat’ is an old form of adjudicating system prevailed in" +"ancient India and it’s validity has not been taken away even in the" +"modern days too. The word ‘Lok Adalat’ means ‘People’s Court’. This" +"system is based on Gandhian principles. It is one of the components" +"of ADR (Alternative Dispute Resolution) system. As the Indian courts" +"are overburdened with the backlog of cases and the regular courts are" +"to decide the cases involving a lengthy, expensive and tedious" +"procedure. The court takes years together to settle even petty cases." +"The Lok Adalat, therefore, provides alternative resolution or devise for" +"expeditious and inexpensive justice." +"In Lok Adalat proceedings, there are no victors and vanquished" +"and, thus, no rancour." +"The experiment of ‘Lok Adalat’ as an alternate mode of dispute" +"settlement has come to be accepted in India, as a viable, economic," +"efficient and informal one." +"The Lok Adalat is another alternative in judicial justice. This is a" +"recent strategy for delivering informal, cheap and expeditious justice" +"to the common man by way of settling disputes, which are pending in" +"courts and also those, which have not yet reached courts by" +"negotiation, conciliation and by adopting persuasive, common sense" +"and human approach to the problems of the disputants, with the" +"assistance of specially trained and experienced members of a team of" +"conciliators." +"" +"Statutory Status" +"The first Lok Adalat camp in the postindependence era was organised" +"in Gujarat in 1982. This initiative proved very successful in the" +"settlement of disputes. Consequently, the institution of Lok Adalat" +"started spreading to other parts of the country. At that time, this" +" institution was functioning as a voluntary and conciliatory agency" +"without any statutory backing for its decisions. In view of its growing" +"popularity, there arose a demand for providing a statutory backing to" +"this institution and the awards given by Lok Adalats. Hence, the" +"institution of Lok Adalat has been given statutory status under the" +"Legal Services Authorities Act, 1987." +"The Act makes the following provisions relating to the organisation" +"and functioning of the Lok Adalats:" +"1. The State Legal Services Authority or the District Legal Services" +"Authority or the Supreme Court Legal Services Committee or the" +"High Court Legal Services Committee or the Taluk Legal" +"Services Committee may organise Lok Adalats at such intervals" +"and places and for exercising such jurisdiction and for such" +"areas as it thinks fit." +"2. Every Lok Adalat organised for an area shall consist of such" +"number of serving or retired judicial officers and other persons of" +"the area as may be specified by the agency organizing such Lok" +"Adalat. Generally, a Lok Adalat consists of a judicial officer as" +"the chairman and a lawyer (advocate) and a social worker as" +"members." +"3. A Lok Adalat shall have jurisdiction to determine and to arrive at" +"a compromise or settlement between the parties to a dispute in" +"respect of:" +"(i) any case pending before any court; or" +"(ii) any matter which is falling within the jurisdiction of any court an" +"not brought before such court." +"Thus, the Lok Adalat can deal with not only the cases pending" +"before a court but also with the disputes at pre-litigation stage." +"The various matters such as Matri-monial/Family Disputes," +"Criminal (Compoundable Offences) cases, Land Acquisition" +"cases, Labour disputes, Workmen’s compensation cases, Bank" +"Recovery cases, Pension cases, Housing Board and Slum" +"Clearance cases, Housing Finance cases, Consumer Grievance" +"cases, Electricity matters, Disputes relating to Telephone Bills," +"Municipal matters including House Tax cases, Disputes with" +"Cellular Companies etc. are being taken up in the Lok Adalats.7a" +"But, the Lok Adalat shall have no jurisdiction in respect of any" +"case or matter relating to an offence not compoundable under" +"any law. In other words, the offences which are non-" +" compoundable under any law fall outside the purview of the Lok" +"Adalat." +"4. Any case pending before the court can be referred to the Lok" +"Adalat for settlement if:" +"(i) the parties thereof agree to settle the dispute in the Lok Adalat" +"(ii) one of the parties thereof makes an application to the court" +"referring the case to the Lok Adalat; or" +"(iii) the court is satisfied that the matter is an appropriate one to" +"taken cognizance of by the Lok Adalat." +"In the case of a pre-litigation dispute, the matter can be" +"referred to the Lok Adalat for settlement by the agency" +"organizing the Lok Adalat, on receipt of an application from any" +"one of the parties to the dispute." +"5. The Lok Adalat shall have the same powers as are vested in a" +"Civil Court under the Code of Civil Procedure (1908), while trying" +"a suit in respect of the following matters:" +"(a) the summoning and enforcing the attendance of any witness" +"examining him on oath;" +"(b) the discovery and production of any document;" +"(c) the reception of evidence on affidavits;" +"(d) the requisitioning of any public record or document from any" +"court or office; and" +"(e) such other matters as may be prescribed." +"Further, a Lok Adalat shall have the requisite powers to" +"specify its own procedure for the determination of any dispute" +"coming before it. Also, all proceedings before a Lok Adalat shall" +"be deemed to be judicial proceedings within the meaning of the" +"Indian Penal Code (1860) and every Lok Adalat shall be deemed" +"to be a Civil Court for the purpose of the Code of Criminal" +"Procedure (1973)." +"6. An award of a Lok Adalat shall be deemed to be a decree of a" +"Civil Court or an order of any other court. Every award made by" +"a Lok Adalat shall be final and binding on all the parties to the" +"dispute. No appeal shall lie to any court against the award of the" +"Lok Adalat." +"" +"Benefits" +"According to the Supreme Court, the benefits under Lok Adalat are as" +"follows8 :" +" 1. There is no court fee and if court fee is already paid the amount" +"will be refunded if the dispute is settled at Lok Adalat." +"2. The basic features of Lok Adalat are the procedural f lexibility" +"and speedy trial of the disputes. There is no strict application of" +"procedural laws like the Civil Procedure Code and the Evidence" +"Act while assessing the claim by Lok Adalat." +"3. The parties to the dispute can directly interact with the judge" +"through their counsel which is not possible in regular courts of" +"law." +"4. The award by the Lok Adalat is binding on the parties and it has" +"the status of a decree of a civil court and it is non-appealable," +"which does not cause the delay in the settlement of disputes" +"finally." +"In view of above facilities provided by the Act, Lok Adalats are boon" +"to the litigating public as they can get their disputes settled fast and" +"free of cost amicably." +"The Law Commission of India summarized the advantages of ADR" +"(Alternative Dispute Resolution) in the following way9 :" +"1. It is less expensive." +"2. It is less time-consuming." +"3. It is free from technicalities vis-a-vis conducting of cases in law" +"courts." +"4. Parties are free to discuss their differences of opinion without" +"any fear of disclosure before any law courts." +"5. Parties have the feeling that there is no losing or winning side" +"between them but at the same time their grievance is redressed" +"and their relationship is restored." +" PERMANENT LOK ADALATS" +"" +"The Legal Services Authorities Act, 1987 was amended in 2002 to" +"provide for the establishment of the Permanent Lok Adalats to deal" +"with cases pertaining to the public utility services." +"" +"Reasons" +"The reasons for the establishment of Permanent Lok Adalats are as" +"follows:" +"1. The Legal Services Authorities Act, 1987 was enacted to" +"constitute legal services authorities for providing free and" +"competent legal services to the weaker sections of the society to" +"ensure that opportunities for securing justice were not denied to" +"any citizen by reason of economic or other disabilities and to" +"organise Lok Adalats to ensure that the operation of the legal" +"system promotes justice on a basis of equal opportunity." +"2. The system of Lok Adalat, which is an innovative mechanism for" +"alternate dispute resolution, has proved effective for resolving" +"disputes in a spirit of conciliation outside the courts." +"3. However, the major drawback in the existing scheme of" +"organization of the Lok Adalats under the said Act is that the" +"system of Lok Adalats is mainly based on compromise or" +"settlement between the parties. If the parties do not arrive at any" +"compromise or settlement, the case is either returned to the" +"court of law or the parties are advised to seek remedy in a court" +"of law. This causes unnecessary delay in the dispensation of" +"justice. If Lok Adalats are given power to decide the cases on" +"merits in case parties fails to arrive at any compromise or" +"settlement, this problem can be tackled to a great extent." +"4. Further, the cases which arise in relation to public utility services" +"such as Mahanagar Telephone Nigam Limited, Delhi Vidyut" +"Board, etc., need to be settled urgently so that people get justice" +"without delay even at pre-litigation stage and thus most of the" +"petty cases which ought not to go in the regular courts would be" +"settled at the pre-litigation stage itself which would result in" +"reducing the workload of the regular courts to a great extent." +"5. It is, therefore, proposed to amend the Legal Services" +"Authorities Act, 1987 to set up Permanent Lok Adalats for" +" providing compulsory pre-litigative mechanism for conciliation" +"and settlement of cases relating to public utility services." +"" +"Features" +"The salient features of the new institution of Permanent Lok Adalats" +"are as follows:" +"1. The Permanent Lok Adalat shall consist of a Chairman who is or" +"has been a district judge or additional district judge or has held" +"judicial office higher in rank than that of the district judge and two" +"other persons having adequate experience in public utility" +"services." +"2. The Permanent Lok Adalat shall exercise jurisdiction in respect" +"of one or more public utility services such as transport services" +"of passengers or goods by air, road and water; postal, telegraph" +"or telephone services; supply of power, light or water to the" +"public by any establishment; public conservancy or sanitation;" +"services in hospitals or dispensaries; and insurance services." +"3. The pecuniary jurisdiction of the Permanent Lok Adalat shall be" +"up to rupees ten lakhs. However, the Central Government may" +"increase the said pecuniary jurisdiction from time to time." +"4. The Permanent Lok Adalat shall have not jurisdiction in respect" +"of any matter relating to an offence not compoundable under any" +"law." +"5. Before the dispute is brought before any court, any party to the" +"dispute may make an application to the Permanent Lok Adalat" +"for settlement of the dispute. After an application is made to the" +"Permanent Lok Adalat, no party to that application shall invoke" +"jurisdiction of any court in the same dispute." +"6. Where it appears to the Permanent Lok Adalat that there exist" +"elements of a settlement, which may be acceptable to the" +"parties, it shall formulate the terms of a possible settlement and" +"submit them to the parties for their observations and in case the" +"parties reach an agreement, the Permanent Lok Adalat shall" +"pass an award in terms thereof. In case parties to the dispute fail" +"to reach an agreement, the Permanent Lok Adalat shall decide" +"the dispute on merits." +"7. Every award made by the Permanent Lok Adalat shall be final" +"and binding on all the parties thereto and shall be by a majority" +"of the persons constituting the Permanent Lok Adalat." +" FAMILY COURTS" +"" +"The Family Courts Act, 1984 was enacted to provide for the" +"establishment of Family Courts with a view to promote conciliation and" +"secure speedy settlement of disputes relating to marriage and family" +"affairs." +"" +"Reasons" +"The reasons for the establishment of separate Family Courts are as" +"follows:" +"1. Several associations of women, other organizations and" +"individuals have urged, from time to time, that Family Courts, be" +"set up for the settlement of family disputes, where emphasis" +"should be laid on conciliation and achieving socially desirable" +"results and adherence to rigid rules of procedure and evidence" +"should be eliminated." +"2. The Law Commission in its 59th report (1974) had also stressed" +"that in dealing with disputes concerning the family the Court" +"ought to adopt an approach radically different from the adopted" +"in ordinary civil proceedings and that it should make reasonable" +"efforts at settlement before the commencement of the trial. The" +"Code of Civil Procedure was amended in 1976 to provide for a" +"special procedure to be adopted in suits or proceedings relating" +"to matters concerning the family." +"3. However, not much use has been made by the Courts in" +"adopting this conciliatory procedure and the Courts continue to" +"deal with family disputes in the same manner as other civil" +"matters and the same adversary approach prevails. The need" +"was, therefore, felt, in the public interest, to establish Family" +"Courts for speedy settlement of family disputes." +"Therefore, the main objectives and reasons for setting up of Family" +"Courts are:10" +"(i) To create a Specialized Court which will exclusively deal w" +"family matters so that such a court may have the necess" +"expertise to deal with these cases expeditiously. Thus exper" +"and expeditious disposal are two main factors for establish" +"such a court;" +"(ii) To institute a mechanism for conciliation of the disputes relatin" +"family;" +" (iii) To provide an inexpensive remedy; and" +"(iv) To have f lexibility and an informal atmosphere in the conduc" +"proceedings." +"" +"Features" +"The salient features of the Family Courts Act, 1984 are as follows:" +"1. It provides for the establishment of Family Courts by the State" +"Governments in consultation with the High Courts." +"2. It makes it obligatory on the State Governments to set up a" +"Family Court in every city or town with a population exceeding" +"one million." +"3. It enables the State Governments to set up Family Courts in" +"other areas also, if they deem it necessary." +"4. It exclusively provides within the jurisdiction of the Family Courts" +"the matters relating to:" +"(i) matrimonial relief, including nullity of marriage, judicial separat" +"divorce, restitution of conjugal rights, or declaration as to" +"validity of marriage or as to the matrimonial status of any perso" +"(ii) the property of the spouses or of either of them;" +"(iii) declaration as to the legitimacy of any person;" +"(iv) guardianship of a person or the custody of any minor; and" +"(v) maintenance of wife, children and parents." +"5. It makes it obligatory on the part of the Family Court to" +"endeavour, in the first instance to effect a reconciliation or a" +"settlement between the parties to a family dispute. During this" +"stage, the proceedings will be informal and rigid rules of" +"procedure shall not apply." +"6. It provides for the association of social welfare agencies," +"counsellors, etc., during conciliation stage and also to secure the" +"service of medical and welfare experts." +"7. It provides that the parties to a dispute before a Family Court" +"shall not be entitled, as of right, to be represented by legal" +"practitioner. However, the Court may, in the interest of justice," +"seek assistance of a legal expert as amicus curiae." +"8. It simplifies the rules of evidence and procedure so as to enable" +"a Family Court to deal effectively with a dispute." +"9. It provides for only one right of appeal which shall lie to the High" +"Court." +" GRAM NYAYALAYAS" +"" +"The Gram Nyayalayas Act, 2008 has been enacted to provide for the" +"establishment of the Gram Nyayalayas at the grass roots level for the" +"purposes of providing access to justice to the citizens at their" +"doorsteps and to ensure that opportunities for securing justice are not" +"denied to any citizen due to social, economic or other disabilities." +"" +"Reasons" +"The reasons for the establishment of Gram Nyayalayas are as follows:" +"1. Access to justice by the poor and disadvantaged remains a" +"worldwide problem despite diverse approaches and strategies" +"that have been formulated and implemented to address it. In our" +"country, Article 39A of the Constitution directs the State to" +"secure that the operation of the legal system promotes justice," +"on a basis of equal opportunity and shall provide free legal aid to" +"ensure that opportunities for securing justice are not denied to" +"any citizen by reason of economic or other disabilities." +"2. In the recent past, the Government has taken various measures" +"to strengthen judicial system, inter alia, by simplifying the" +"procedural laws; incorporating various alternative dispute" +"resolution mechanisms such as arbitration, conciliation and" +"mediation; conducting of Lok Adalats, etc. These measures are" +"required to be strengthened further." +"3. The Law Commission of India in its 114th Report on Gram" +"Nyayalaya suggested establishment of Gram Nyayalayas so that" +"speedy, inexpensive and substantial justice could be provided to" +"the common man. The Gram Nyayalayas Act, 2008 is broadly" +"based on the recommendations of the Law Commission." +"4. Justice to the poor at their door step is a dream of the poor." +"Setting up of Gram Nyayalayas in the rural areas would bring to" +"the people of rural areas speedy, affordable and substantial" +"justice." +"" +"Features" +"The salient features of the Gram Nyayalayas Act are as follows11 :" +"1. The Gram Nyayalaya shall be court of Judicial Magistrate of the" +"first class and its presiding officer (Nyayadhikari) shall be" +" appointed by the State Government in consultation with the High" +"Court." +"2. The Gram Nyayalaya shall be established for every Panchayat" +"at intermediate level or a group of contiguous Panchayats at" +"intermediate level in a district or where there is no Panchayat at" +"intermediate level in any State, for a group of contiguous" +"Panchayats." +"3. The Nyayadhikaris who will preside over these Gram" +"Nyayalayas are strictly judicial officers and will be drawing the" +"same salary, deriving the same powers as First Class" +"Magistrates working under High Courts." +"4. The Gram Nyayalaya shall be a mobile court and shall exercise" +"the powers of both Criminal and Civil Courts." +"5. The seat of the Gram Nyayalaya will be located at the" +"headquarters of the intermediate Panchayat, they will go to" +"villages, work there and dispose of the cases." +"6. The Gram Nyayalaya shall try criminal cases, civil suits, claims" +"or disputes which are specified in the First Schedule and the" +"Second Schedule to the Act." +"7. The Central as well as the State Governments have been given" +"power to amend the First Schedule and the Second Schedule of" +"the Act, as per their respective legislative competence." +"8. The Gram Nyayalaya shall follow summary procedure in criminal" +"trial." +"9. The Gram Nyayalaya shall exercise the powers of a Civil Court" +"with certain modifications and shall follow the special procedure" +"as provided in the Act." +"10. The Gram Nyayalaya shall try to settle the disputes as far as" +"possible by bringing about conciliation between the parties and" +"for this purpose, it shall make use of the conciliators to be" +"appointed for this purpose." +"11. The judgment and order passed by the Gram Nyayalaya shall be" +"deemed to be a decree and to avoid delay in its execution, the" +"Gram Nyayalaya shall follow summary procedure for its" +"execution." +"12. The Gram Nyayalaya shall not be bound by the rules of" +"evidence provided in the Indian Evidence Act, 1872 but shall be" +"guided by the principles of natural justice and subject to any rule" +"made by the High Court." +"13. Appeal in criminal cases shall lie to the Court of Session, which" +"shall be heard and disposed of within a period of six months" +" from the date of filing of such appeal." +"14. Appeal in civil cases shall lie to the District Court, which shall be" +"heard and disposed of within a period of six months from the" +"date of filing of the appeal." +"15. A person accused of an offence may file an application for plea" +"bargaining." +"" +"Establishment" +"The Central Government has decided to meet the non-recurring" +"expenditure on the establishment of these Gram Nyayalayas subject" +"to a ceiling of ₹18.00 lakhs out of which ₹10.00 lakhs is for" +"construction of the court, ₹5.00 lakhs for vehicle and ₹3.00 lakhs for" +"office equipment." +"More than 5000 Gram Nyayalayas are expected to be set up under" +"the Act for which the Central Government would provide about ₹1400" +"crores by way of assistance to the concerned States/Union Territories." +"Under of the Gram Nyayalayas Act, 2008, it is for the State" +"Governments to establish Gram Nyayalayas in consultation with the" +"respective High Courts." +"Majority of States have now set up regular courts at Taluka level." +"Further, reluctance of police officials and other State functionaries to" +"invoke jurisdiction of Gram Nyayalayas, lukewarm response of the" +"Bar, non-availability of notaries and stamp vendors, problem of" +"concurrent jurisdiction of regular courts are other issues indicated by" +"the States which are coming in the way of operationalization of the" +"Gram Nyayalayas." +"The issues affecting operationalization of the Gram Nyayalayas" +"were discussed in the Conference of Chief Justices of High Courts" +"and Chief Ministers of the States in April, 2013. It was decided in the" +"Conference that the State Government and High Court should decide" +"the question of establishment of Gram Nyayalayas wherever feasible," +"taking into account their local problems. The focus is on setting up" +"Gram Nayayalayas in the Talukas where regular courts have not been" +"set up." +"" +"" +"NOTES AND REFERENCES" +"1. The 20th Constitutional Amendment Act of 1966 added a" +"new Article 233-A which retrospectively validated the" +" appointment of certain district judges as well as the" +"judgements delivered by them." +"2. In practice, the State Public Service Commission conducts" +"a competitive examination for recruitment to the judicial" +"service of the state." +"3. A subordinate judge is also known as civil judge (senior" +"division), civil judge (class I) and so on. He may also be" +"given the powers of an assistant sessions judge. In such a" +"case, he combines in himself both civil as well as criminal" +"powers like that of a District Judge." +"4. A munsiff is also known as civil judge (junior division), civil" +"judge (class-II) and so on." +"5. Delhi, Bombay, Calcutta and Madras were formerly called" +"presidency towns." +"6. Annual Report 2015–16, Ministry of Law and Justice," +"Government of India, pp.91–92." +"7. P.T. Thomas v. Thomas Job (2005)." +"7a. India 2010 : A Reference Annual, Publications Division," +"Ministry of Information and Broadcasting, Government of" +"India, p.711." +"8. P.T. Thomas v. Thomas Job (2005)." +"9. Law Commission of India, Report No.222 entitled as “Need" +"for Justicedispensation through ADR etc.,” April 2009," +"pp.22–23." +"10. Annual Report 2015–16, Ministry of Law and Justice," +"Government of India, p.85." +"11. Press Information Bureau, Government of India, September" +"29, 2009." +" 37 Special Provisions for Some States" +"" +"" +"" +"" +"A" +"rticles 371 to 371-J in Part XXI of the constitution contain" +"special provisions for twelve states1 viz., Maharashtra, Gujarat," +"Nagaland, Assam, Manipur, Andhra Pradesh, Telangana," +"Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka. The" +"intention behind them is to meet the aspirations of the people of" +"backward regions of the states or to protect the cultural and economic" +"interests of the tribal people of the states or to deal with the disturbed" +"law and order condition in some parts of the states or to protect the" +"interests of the local people of the states." +"Originally, the constitution did not make any special provisions for" +"these states. They have been incorporated by the various subsequent" +"amendments made in the context of reorganisation of the states or" +"conferment of statehood on the Union Territories." +" PROVISIONS FOR MAHARASHTRA AND GUJARAT" +"Under Article 371, the President is authorised to provide that the" +"Governor of Maharashtra and that of Gujarat would have special" +"responsibility for2 :" +"1. the establishment of separate development boards for (i)" +"Vidarbha, Marathwada and the rest of Maharashtra, (ii)" +"Saurashtra, Kutch and the rest of Gujarat;" +"2. making a provision that a report on the working of these boards" +"would be placed every year before the State Legislative" +"Assembly;" +"3. the equitable allocation of funds for developmental expenditure" +"over the above-mentioned areas; and" +"4. an equitable arrangement providing adequate facilities for" +"technical education and vocational training, and adequate" +"employment opportunities in the state services in respect of the" +"abovementioned areas." +" PROVISIONS FOR NAGALAND" +"" +"Article 371-A makes the following special provisions for Nagaland3 :" +"1. The Acts of Parliament relating to the following matters would" +"not apply to Nagaland unless the State Legislative Assembly so" +"decides:" +"(i) religious or social practices of the Nagas;" +"(ii) Naga customary law and procedure;" +"(iii) administration of civil and criminal justice involving decisi" +"according to Naga customary law; and" +"(iv) ownership and transfer of land and its resources." +"2. The Governor of Nagaland shall have special responsibility for" +"law and order in the state so long as internal disturbances" +"caused by the hostile Nagas continue. In the discharge of this" +"responsibility, the Governor, after consulting the Council of" +"Ministers, exercises his individual judgement and his decision is" +"final4. This special responsibility of the Governor shall cease" +"when the President so directs." +"3. The Governor has to ensure that the money provided by the" +"Central Government for any specific purpose is included in the" +"demand for a grant relating to that purpose and not in any other" +"demand moved in the State Legislative Assembly." +"4. A regional council consisting of 35 members should be" +"established for the Tuensang district of the state. The Governor" +"should make rules for the composition of the council, manner of" +"choosing its members5 , their qualifications, term, salaries and" +"allowances; the procedure and conduct of business of the" +"council; the appointment of officers and staff of the council and" +"their service conditions; and any other matter relating to the" +"constitution and proper functioning of the council." +"5. For a period of ten years from the formation of Nagaland or for" +"such further period as the Governor may specify on the" +"recommendation of the regional council, the following provisions" +"would be operative for the Tuensang district:" +"(i) The administration of the Tuensang district shall be carried on" +"the Governor." +"(ii) The Governor shall in his discretion arrange for equita" +"distribution of money provided by the Centre between Tuens" +"district and the rest of Nagaland." +" (iii) Any Act of Nagaland Legislature shall not apply to Tuens" +"district unless the Governor so directs on the recommendatio" +"the regional council." +"(iv) The Governor can make Regulations for the peace, progress" +"good government of the Tuensang district. Any such Regula" +"may repeal or amend an Act of Parliament or any other" +"applicable to that district." +"(v) There shall be a Minister for Tuensang affairs in the S" +"Council of Ministers. He is to be appointed from amongst" +"members representing Tuensang district in the Nagal" +"Legislative Assembly." +"(vi) The final decision on all matters relating to Tuensang district s" +"be made by the Governor in his discretion." +"(vii) Members in the Nagaland Legislative Assembly from" +"Tuensang district are not elected directly by the people but by" +"regional council." +" PROVISIONS FOR ASSAM AND MANIPUR" +"" +"Assam" +"Under Article 371-B6 , the President is empowered to provide for the" +"creation of a committee of the Assam Legislative Assembly consisting" +"of the members elected from the Tribal Areas of the state and such" +"other members as he may specify7 ." +"" +"Manipur" +"Article 371-C makes the following special provisions for Manipur8 :" +"1. The President is authorized to provide for the creation of a" +"committee of the Manipur Legislative Assembly consisting of the" +"members elected from the Hill Areas of the state9 ." +"2. The President can also direct that the Governor shall have" +"special responsibility to secure the proper functioning of that" +"committee." +"3. The Governor should submit an annual report to the President" +"regarding the administration of the Hill Areas." +"4. The Central Government can give directions to the State" +"Government as to the administration of the Hill Areas." +" PROVISIONS FOR ANDHRA PRADESH OR TELANGANA" +"Articles 371-D and 371-E contain the special provisions for Andhra" +"Pradesh10. In 2014, Article 371-D has been extended to the state of" +"Telangana by the Andhra Pradesh Re-organisation Act of 2014. Under" +"Article 371-D, the following are mentioned:" +"1. The President is empowered to provide for equitable" +"opportunities and facilities for the people belonging to different" +"parts of the state in the matter of public employment and" +"education and different provisions can be made for various parts" +"of the state." +"2. For the above purpose, the President may require the State" +"Government to organise civil posts in local cadres for different" +"parts of the state and provide for direct recruitment to posts in" +"any local cadre. He may specify parts of the state which shall be" +"regarded as the local area for admission to any educational" +"institution. He may also specify the extent and manner of" +"preference or reservation given in the matter of direct" +"recruitment to posts in any such cadre or admission to any such" +"educational institution." +"3. The President may provide for the establishment of an" +"Administrative Tribunal in the state to deal with certain disputes" +"and grievances relating to appointment, allotment or promotion" +"to civil posts in the state11. The tribunal is to function outside the" +"purview of the state High Court. No court (other than the" +"Supreme Court) is to exercise any jurisdiction in respect of any" +"matter subject to the jurisdiction of the tribunal. The President" +"may abolish the tribunal when he is satisfied that its continued" +"existence is not necessary." +"Article 371-E empowers the Parliament to provide for the" +"establishment of a Central University in the state of Andhra Pradesh." +" PROVISIONS FOR SIKKIM" +"" +"The 36th Constitutional Amendment Act of 1975 made Sikkim a full-" +"fledged state of the Indian Union. It included a new Article 371-F" +"containing special provisions with respect to Sikkim. These are as" +"follows:" +"1. The Sikkim Legislative Assembly is to consist of not less than 30" +"members." +"2. One seat is allotted to Sikkim in the Lok Sabha and Sikkim forms" +"one Parliamentary constituency." +"3. For the purpose of protecting the rights and interests of the" +"different sections of the Sikkim population, the Parliament is" +"empowered to provide for the:" +"(i) number of seats in the Sikkim Legislative Assembly which may" +"filled by candidates belonging to such sections; and" +"(ii) delimitation of the Assembly constituencies from which candida" +"belonging to such sections alone may stand for election to" +"Assembly." +"4. The Governor shall have special responsibility for peace and for" +"an equitable arrangement for ensuring the social and economic" +"advancement of the different sections of the Sikkim population." +"In the discharge of this responsibility, the Governor shall act in" +"his discretion, subject to the directions issued by the President." +"5. The President can extend (with restrictions or modifications) to" +"Sikkim any law which is in force in a state of the Indian Union." +" PROVISIONS FOR MIZORAM" +"" +"Article 371-G specifies the following special provisions for Mizoram12 :" +"1. The Acts of Parliament relating to the following matters would" +"not apply to Mizoram unless the State Legislative Assembly so" +"decides:" +"(i) religious or social practices of the Mizos;" +"(ii) Mizo customary law and procedure;" +"(iii) administration of civil and criminal justice involving decisi" +"according to Mizo customary law; and" +"(iv) ownership and transfer of land." +"2. The Mizoram Legislative Assembly is to consist of not less than" +"40 members." +" PROVISIONS FOR ARUNACHAL PRADESH AND GOA" +"" +"Arunachal Pradesh" +"Under Article 371-H, the following special provisions are made for" +"Arunachal Pradesh13 :" +"1. The Governor of Arunachal Pradesh shall have special" +"responsibility for law and order in the state. In the discharge of" +"this responsibility, the Governor, after consulting the Council of" +"Ministers, exercises his individual judgement and his decision is" +"final. This special responsibility of the Governor shall cease" +"when the President so directs." +"2. The Arunachal Pradesh Legislative Assembly is to consist of not" +"less than 30 members." +"" +"Goa" +"Article 371-I provides that the Goa Legislative Assembly is to consist" +"of not less than 30 members14 ." +" PROVISIONS FOR KARNATAKA" +"" +"Under Article 371-J, the President is empowered to provide that the" +"Governor of Karnataka would have special responsibility for" +"1. The establishment of a separate development board for" +"Hyderabad-Karnataka region15" +"2. Making a provision that a report on the working of the board" +"would be placed every year before the State Legislative" +"Assembly" +"3. The equitable allocation of funds for developmental expenditure" +"over the region" +"4. The reservation of seats in educational and vocational training" +"institutions in the region for students who belong to the region" +"5. The reservation in state government posts in the region for" +"persons who belong to the region" +"Article 371-J (which provided for special provisions for the" +"Hyderabad-Karnataka region of the state of Karnataka) was inserted" +"in the Constitution by the 98th Constitutional Amendment Act of 2012." +"The special provisions aim to establish an institutional mechanism for" +"equitable allocation of funds to meet the development needs over the" +"region, as well as to enhance human resources and promote" +"employment from the region by providing for local cadres in service" +"and reservation in educational and vocational training institutions." +"In 2010, the Legislative Assembly as well as the Legislative Council" +"of Karnataka passed separate resolutions seeking special provisions" +"for the Hyderabad-Karnataka region of the state of Karnataka. The" +"government of Karnataka also endorsed the need for special" +"provisions for the region. The resolutions sought to accelerate" +"development of the most backward region of the state and promote" +"inclusive growth with a view to reducing inter-district and inter-regional" +"disparities in the state." +"" +"Table 37.1 Articles Related to Special Provisions for some States at a" +"Glance" +"Article No. Subject-matter" +"371. Special provision with respect to the states of" +"Maharashtra and Gujarat" +"371A. Special provision with respect to the state of" +" Nagaland" +"371B. Special provision with respect to the state of Assam" +"371C. Special provision with respect to the state of Manipur" +"371D. Special provisions with respect to the state of Andhra" +"Pradesh or the state of Telangana" +"371E. Establishment of Central University in Andhra" +"Pradesh" +"371F. Special provisions with respect to the state of Sikkim" +"371G. Special provision with respect to the state of Mizoram" +"371H. Special provision with respect to the state of" +"Arunachal Pradesh" +"371-I. Special provision with respect to the state of Goa" +"371J. Special provisions with respect to the state of" +"Karnataka" +"" +"" +"NOTES AND REFERENCES" +"1. Part XXI is entitled as ‘Temporary, Transitional and Special" +"Provisions’." +"2. This Article was amended by the 7th Constitutional" +"Amendment Act of 1956 and the Bombay Reorganisation" +"Act of 1960. Andhra Pradesh was taken out of this Article by" +"the 32nd Constitutional Amendment Act of 1973 and" +"provided for separately in two new Articles 371-D and 371-" +"E." +"3. This Article was added by the 13th Constitutional" +"Amendment Act of 1962." +"4. The validity of anything done by the Governor shall not be" +"called in question on the ground that he ought or ought not" +"to have acted in the exercise of his individual judgement." +"5. The Deputy Commissioner of the Tuensang district shall be" +"the ex-officio Chairman of the regional council and the Vice-" +"Chairman shall be elected by the members of the council" +"from amongst themselves." +"6. This Article was added by the 22nd Constitutional" +"Amendment Act of 1969." +" 7. The Tribal Areas of Assam are specified in the Sixth" +"Schedule of the Constitution. They are North Cachar Hills" +"District, Karbi Anglong District and Bodoland Territorial" +"Areas District." +"8. This Article was added by the 27th Constitutional" +"Amendment Act of 1971." +"9. In this Article, the expression ‘Hill Areas’ means such areas" +"as the President may, by order, declare to be Hill Areas." +"10. Both the Articles were added by the 32nd Constitutional" +"Amendment Act of 1973." +"11. The tribunal has been set up by the Andhra Pradesh" +"Administrative Tribunal Order, 1975." +"12. This Article was added by the 53rd Constitutional" +"Amendment Act of 1986." +"13. This Article was added by the 55th Constitutional" +"Amendment Act of 1986." +"14. This Article was added by the 56th Constitutional" +"Amendment Act of 1987." +"15. The Hyderabad - Karnataka region includes the six" +"backward districts of Northern Karnataka, viz., Gulbarga," +"Bidar, Raichur, Koppal, Yadgir and Bellary." +" PART-V" +"LOCAL GOVERNMENT" +"" +"38. Panchayati Raj" +"39. Municipalities" +" 38 Panchayati Raj" +"" +"" +"" +"" +"T" +"he term Panchayati Raj in India signifies the system of rural" +"local selfgovernment. It has been established in all the states of" +"India by the Acts of the state legislatures to build democracy at" +"the grass root level1. It is entrusted with rural development. It was" +"constitutionalised through the 73rd Constitutional Amendment Act of" +"1992" +" EVOLUTION OF PANCHAYATI RAJ" +"" +"Balwant Rai Mehta Committee" +"In January 1957, the Government of India appointed a committee to" +"examine the working of the Community Development Programme" +"(1952) and the National Extension Service (1953) and to suggest" +"measures for their better working. The chairman of this committee was" +"Balwant Rai G Mehta. The committee submitted its report in" +"November 1957 and recommended the establishment of the scheme" +"of ‘democratic decentralisation’, which ultimately came to be known as" +"Panchayati Raj. The specific recommendations made by it are:" +"1. Establishment of a three-tier panchayati raj system–gram" +"panchayat at the village level, panchayat samiti at the block level" +"and zila parishad at the district level. These tiers should be" +"organically linked through a device of indirect elections." +"2. The village panchayat should be constituted with directly elected" +"representatives, whereas the panchayat samiti and zila parishad" +"should be constituted with indirectly elected members." +"3. All planning and development activities should be entrusted to" +"these bodies." +"4. The panchayat samiti should be the executive body while the" +"zila parishad should be the advisory, coordinating and" +"supervisory body." +"5. The district collector should be the chairman of the zila parishad." +"6. There should be a genuine transfer of power and responsibility" +"to these democratic bodies." +"7. Adequate resources should be transferred to these bodies to" +"enable them to discharge their functions and fulfil their" +"responsibilities." +"8. A system should be evolved to effect further devolution of" +"authority in future." +"These recommendations of the committee were accepted by the" +"National Development Council in January 1958. The council did not" +"insist on a single rigid pattern and left it to the states to evolve their" +"own patterns suitable to local conditions. But the basic principles and" +"broad fundamentals should be identical throughout the country." +"Rajasthan was the first state to establish Panchayati Raj. The" +"scheme was inaugurated by the prime minister on October 2, 1959, in" +" Nagaur district. Rajasthan was followed by Andhra Pradesh, which" +"also adopted the system in 1959. Thereafter, most of the states" +"adopted the system." +"Though most of the states created panchayati raj institutions by mid" +"1960s, there were differences from one state to another with regard to" +"the number of tiers, relative position of samiti and parishad, their" +"tenure, composition, functions, finances and so on. For example," +"Rajasthan adopted the three-tier system while Tamil Nadu adopted the" +"two-tier system. West Bengal, on the other hand, adopted the four-tier" +"system. Further, in the Rajasthan-Andhra Pradesh pattern, panchayat" +"samiti was powerful as the block was the unit of planning and" +"development, while in Maharashtra-Gujarat pattern, zila parishad was" +"powerful as the district was the unit of planning and development." +"Some states also established nyaya panchayats, that is, judicial" +"panchayats to try petty civil and criminal cases." +"" +"Study Teams and Committees" +"Since 1960, many study teams, committees and working groups have" +"been appointed to examine the various aspects of functioning of" +"Panchayati Raj system. They are mentioned below in Table 38.1." +"" +"Table 38.1 Study Teams and Committees on Panchayati Raj" +"Sl. Year Name of the study Team / Chairman" +"No. Committee" +"1. 1960 Committee on Rationalisation of V.R. Rao" +"Panchayat Statistics" +"2. 1961 Working Group on Panchayats S.D. Mishra" +"and Cooperatives" +"3. 1961 Study Team on Panchayati Raj V. Iswaran" +"Administration" +"4. 1962 Study Team on Nyaya G.R. Rajgopal" +"Panchayats" +"5. 1963 Study Team on the Position of R.R. Diwakar" +"Gram Sabha in Panchayati Raj" +"Movement" +"6. 1963 Study Group on Budgeting and M. Rama" +"Accounting Procedure of Krishnayya" +" Panchayati Raj Institutions" +"7. 1963 Study Team on Panchayati Raj K. Santhanam" +"Finances" +"8. 1965 Committee on Panchayati Raj K. Santhanam" +"Elections" +"9. 1965 Study Team on the Audit and R.K. Khanna" +"Accounts of Panchayati Raj" +"Bodies" +"10. 1966 Committee on Panchayati Raj G. Ramachandran" +"Training Centres" +"11. 1969 Study Team on Involvement of V. Ramanathan" +"Community Development Agency" +"and Panchayati Raj Institutions in" +"the Implementation of Basic Land" +"Reform Measures" +"12. 1972 Working Group for Formulation of N." +"Fifth Five Year Plan on Ramakrishnayya" +"Community Development and" +"Panchayati Raj" +"13. 1976 Committee on Community Smt. Daya" +"Development and Panchayati Raj Choubey" +"" +"Ashok Mehta Committee" +"In December 1977, the Janata Government appointed a committee on" +"panchayati raj institutions under the chairmanship of Ashok Mehta. It" +"submitted its report in August 1978 and made 132 recommendations" +"to revive and strengthen the declining panchayati raj system in the" +"country. Its main recommendations were:" +"1. The three-tier system of panchayati raj should be replaced by" +"the two-tier system, that is, zila parishad at the district level, and" +"below it, the mandal panchayat consisting of a group of villages" +"with a total population of 15,000 to 20,000." +"2. A district should be the first point for decentralisation under" +"popular supervision below the state level." +"3. Zila parishad should be the executive body and made" +"responsible for planning at the district level." +" 4. There should be an official participation of political parties at all" +"levels of panchayat elections." +"5. The panchayati raj institutions should have compulsory powers" +"of taxation to mobilise their own financial resources." +"6. There should be a regular social audit by a district level agency" +"and by a committee of legislators to check whether the funds" +"allotted for the vulnerable social and economic groups are" +"actually spent on them." +"7. The state government should not supersede the panchayati raj" +"institutions. In case of an imperative supersession, elections" +"should be held within six months from the date of supersession." +"8. The nyaya panchayats should be kept as separate bodies from" +"that of development panchayats. They should be presided over" +"by a qualified judge." +"9. The chief electoral officer of a state in consultation with the chief" +"election commissioner should organise and conduct the" +"panchayati raj elections." +"10. Development functions should be transferred to the zila parishad" +"and all development staff should work under its control and" +"supervision." +"11. The voluntary agencies should play an important role in" +"mobilising the support of the people for panchayati raj." +"12. A minister for panchayati raj should be appointed in the state" +"council of ministers to look after the affairs of the panchayati raj" +"institutions." +"13. Seats for SCs and STs should be reserved on the basis of their" +"population." +"14. A constitutional recognition should be accorded to the" +"Panchayati Raj institutions. This would give them the requisite" +"status (sanctity and stature) and an assurance of continuous" +"functioning." +"Due to the collapse of the Janata Government before the" +"completion of its term, no action could be taken on the" +"recommendations of the Ashok Mehta Committee at the central level." +"However, the three states of Karnataka, West Bengal and Andhra" +"Pradesh took steps to revitalise the panchayati raj, keeping in view" +"some of the recommendations of the Ashok Mehta Committee." +"" +"G.V.K. Rao Committee" +" The Committee to review the existing Administrative Arrangements for" +"Rural Development and Poverty Alleviation Programmes under the" +"chairmanship of G.V.K. Rao was appointed by the Planning" +"Commission in 1985. The Committee came to conclusion that the" +"developmental process was gradually bureaucratised and divorced" +"from the Panchayati Raj. This phenomena of bureaucratisation of" +"development administration as against the democratisation weakened" +"the Panchayati Raj institutions resulting in what is aptly called as" +"‘grass without roots’. Hence, the Committee made the following" +"recommendations to strengthen and revitalise the Panchayati Raj" +"system:" +"(i) The district level body, that is, the Zila Parishad should be of" +"pivotal importance in the scheme of democratic decentralisation." +"It stated that “the district is the proper unit for planning and" +"development and the Zila Parishad should become the principal" +"body for management of all development programmes which can" +"be handled at that level.”" +"(ii) The Panchayati Raj institutions at the district and lower levels" +"should be assigned an important role with respect to planning," +"implementation and monitoring of rural development programmes." +"(iii) Some of the planning functions at the state level should be" +"transferred to the district level planning units for effective" +"decentralized district planning." +"(iv) A post of District Development Commissioner should be created." +"He should act as the chief executive officer of the Zila Parishad" +"and should be in charge of all the development departments at" +"the district level." +"(v) Elections to the Panchayati Raj institutions should be held" +"regularly. It found that elections became overdue for one or more" +"tiers in 11 states." +"Thus the committee, in its scheme of decentralised system of field" +"administration, assigned a leading role to the Panchayati Raj in local" +"planning and development. It is in this respect that the" +"recommendation of the G.V.K. Rao Committee Report (1986) differed" +"from those of the Dantwala Committee Report on Block-Level" +"Planning (1978) and the Hanumantha Rao Committee Report on" +"District Planning (1984). Both the committees have suggested that the" +"basic decentralised planning function should be done at the district" +"level. The Hanumantha Rao Committee advocated separate district" +"planning bodies under either the District Collector or a minister. In both" +"the models, the Collector should play a significant role in the" +" decentralised planning though the Committee stated that Panchayati" +"Raj institutions would also be associated with this process (of" +"decentralised planning). The committee recommended that the" +"Collector should be the coordinator, at the district level, of all" +"developmental and planning activities. Thus the, Hanumantha Rao" +"Committee differed in this respect from those of Balwantray Mehta" +"Committee, the Administrative Reforms Commission of India, the" +"Ashok Mehta Committee and finally the G.V.K. Rao Committee which" +"recommended reduction in the developmental role of the District" +"Collector and which assigned a major role to the Panchayati Raj in" +"development administration." +"" +"L M Singhvi Committee" +"In 1986, Rajiv Gandhi government appointed a committee to prepare" +"a concept paper on ‘Revitalisation of Panchayati Raj Institutions for" +"Democracy and Development’ under the chairmanship of L.M." +"Singhvi. It made the following recommendations." +"(i) The Panchayati Raj institutions should be constitutionally" +"recognised, protected and preserved. For this purpose, a new" +"chapter should be added in the Constitution of India. This will" +"make their identity and integrity reasonably and substantially" +"inviolate. It also suggested constitutional provisions to ensure" +"regular, free and fair elections to the Panchayati Raj bodies." +"(ii) Nyaya Panchayats should be established for a cluster of villages." +"(iii) The villages should be reorganised to make Gram Panchayats" +"more viable. It also emphasised the importance of the Gram" +"Sabha and called it as the embodiment of direct democracy." +"(iv) The Village Panchayats should have more financial resources." +"(v) The judicial tribunals should be established in each state to" +"adjudicate controversies about election to the Panchayati Raj" +"institutions, their dissolution and other matters related to their" +"functioning." +"" +"Thungon Committee" +"In 1988, a sub-committee of the Consultative Committee of Parliament" +"was constituted under the chairmanship of P.K. Thungon to examine" +"the political and administrative structure in the district for the purpose" +"of district planning. This committee suggested for the strengthening of" +"the Panchayati Raj system. It made the following recommendations:" +" 1. The Panchayati Raj bodies should be constitutionally" +"recognized." +"2. A three-tier system of Panchayati Raj with panchayats at the" +"village, block and district levels." +"3. Zilla Parishad should be the pivot of the Panchayati Raj system." +"It should act as the planning and development agency in the" +"district." +"4. The Panchayati Raj bodies should have a fixed tenure of five" +"years." +"5. The maximum period of super session of a body should be six" +"months." +"6. A planning and co-ordination committee should be set-up at the" +"state level under the chairmanship of the minister for planning." +"The presidents of Zilla Parishads should be its members." +"7. A detailed list of subjects for Panchayati Raj should be prepared" +"and incorporated in the Constitution." +"8. Reservation of seats in all the three-tiers should be on the basis" +"of population. There should also be reservation for women." +"9. A state finance commission should be set-up in each state. It" +"would lay down the criteria and guidelines for the devolution of" +"finances to the Panchayati Raj institutions." +"10. The district collector should be the chief executive officer of the" +"Zilla Parishad." +"" +"Gadgil Committee" +"The Committee on Policy and Programmes was constituted in 1988 by" +"the Congress party under the chairmanship of V.N. Gadgil. This" +"committee was asked to consider the question of “how best" +"Panchayati Raj institutions could be made effective”. In this context," +"the committee made the following recommendations:" +"1. A constitutional status should be bestowed on the Panchayati" +"Raj institutions." +"2. A three-tier system of Panchayati Raj with panchayats at the" +"village, block and district levels." +"3. The term of Panchayati Raj institutions should be fixed at five" +"years." +"4. The members of the Panchayats at all the three levels should be" +"directly elected." +"5. Reservation for SCs, STs and women." +" 6. The Panchayati Raj bodies should have the responsibility of" +"preparation and implementation of plans for socioeconomic" +"development. For this purpose, a list of subjects should be" +"specified in the constitution." +"7. The Panchayat Raj bodies should be empowered to levy, collect" +"and appropriate taxes and duties." +"8. Establishment of a State Finance Commission for the allocation" +"of finances to the Panchayats." +"9. Establishment of a State Election Commission for the" +"conduction of elections to the panchayats." +"The above recommendations of the Gadgil Committee became the" +"basis for drafting an amendment bill aimed at conferring the" +"constitutional status and protection to the Panchayati Raj institutions." +"" +"Constitutionalisation" +"" +"Rajiv Gandhi Government" +"The Rajiv Gandhi Government introduced the 64th Constitutional" +"Amendment Bill in the Lok Sabha in July 1989 to constitutionalise" +"panchayati raj institutions and make them more powerful and broad" +"based. Although, the Lok Sabha passed the bill in August 1989, it was" +"not approved by the Rajya Sabha. The bill was vehemently opposed" +"by the Opposition on the ground that it sought to strengthen" +"centralisation in the federal system." +"" +"V.P. Singh Government" +"The National Front Government, soon after assuming office in" +"November 1989 under the Prime Ministership of V.P. Singh," +"announced that it would take steps to strengthen the panchayati raj" +"institutions. In June 1990, a two-day conference of the state chief" +"ministers under the chairmanship of V.P. Singh was held to discuss" +"the issues relating to the strengthening of the panchayati raj bodies." +"The conference approved the proposals for the introduction of a fresh" +"constitutional amendment bill. Consequently, a constitutional" +"amendment bill was introduced in the Lok Sabha in September 1990." +"However, the fall of the government resulted in the lapse of the bill." +"" +"Narasimha Rao Government" +"The Congress Government under the prime ministership of P.V." +"Narasimha Rao once again considered the matter of the" +"constitutionalisation of panchayati raj bodies. It drastically modified the" +" proposals in this regard to delete the controversial aspects and" +"introduced a constitutional amendment bill in the Lok Sabha in" +"September, 1991. This bill finally emerged as the 73rd Constitutional" +"Amendment Act, 1992 and came into force on 24 April, 19932 ." +" 73RD AMENDMENT ACT OF 1992" +"" +"Significance of the Act" +"This act has added a new Part-IX to the Constitution of India. This part" +"is entitled as ‘The Panchayats’ and consists of provisions from Articles" +"243 to 243 O. In addition, the act has also added a new Eleventh" +"Schedule to the Constitution. This schedule contains 29 functional" +"items of the panchayats. It deals with Article 243-G." +"The act has given a practical shape to Article 40 of the Constitution" +"which says that, “The State shall take steps to organise village" +"panchayats and endow them with such powers and authority as may" +"be necessary to enable them to function as units of self-government.”" +"This article forms a part of the Directive Principles of State Policy." +"The act gives a constitutional status to the panchayati raj" +"institutions. It has brought them under the purview of the justiciable" +"part of the Constitution. In other words, the state governments are" +"under constitutional obligation to adopt the new panchayati raj system" +"in accordance with the provisions of the act. Consequently, neither the" +"formation of panchayats nor the holding of elections at regular" +"intervals depend on the will of the state government any more." +"The provisions of the act can be grouped into two categories–" +"compulsory and voluntary. The compulsory (mandatory or obligatory)" +"provisions of the act have to be included in the state laws creating the" +"new panchayati raj system. The voluntary provisions, on the other" +"hand, may be included at the discretion of the states. Thus the" +"voluntary provisions of the act ensures the right of the states to take" +"local factors like geographical, politico-administrative and others, into" +"consideration while adopting the new panchayati raj system." +"The act is a significant landmark in the evolution of grassroot" +"democratic institutions in the country. It transfers the representative" +"democracy into participatory democracy. It is a revolutionary concept" +"to build democracy at the grassroot level in the country." +"" +"Salient Features" +"The salient features of the act are:" +"" +"Gram Sabha" +" The act provides for a Gram Sabha as the foundation of the" +"panchayati raj system. It is a body consisting of persons registered in" +"the electoral rolls of a village comprised within the area of Panchayat" +"at the village level. Thus, it is a village assembly consisting of all the" +"registered voters in the area of a panchayat. It may exercise such" +"powers and perform such functions at the village level as the" +"legislature of a state determines." +"" +"Three-Tier System" +"The act provides for a three-tier system of panchayati raj in every" +"state, that is, panchayats at the village, intermediate, and district" +"levels3. Thus, the act brings about uniformity in the structure of pan-" +"chayati raj throughout the country. However, a state having a" +"population not exceeding 20 lakh may not constitute panchayats at" +"the intermediate level." +"" +"Election of Members and Chairpersons" +"All the members of panchayats at the village, intermediate and district" +"levels shall be elected directly by the people. Further, the chairperson" +"of panchayats at the intermediate and district levels shall be elected" +"indi-rectly–by and from amongst the elected members thereof." +"However, the chairperson of a panchayat at the village level shall be" +"elected in such manner as the state legislature determines." +"The chairperson of a panchayat and other members of a panchayat" +"elected directly or indirectly shall have the right to vote in the meetings" +"of the panchayats." +"" +"Reservation of Seats" +"The act provides for the reservation of seats for scheduled castes and" +"scheduled tribes in every panchayat (i.e., at all the three levels) in" +"proportion of their population to the total population in the panchayat" +"area. Further, the state legislature shall provide for the reservation of" +"offices of chairperson in the panchayat at the village or any other level" +"for the SCs and STs." +"The act provides for the reservation of not less than one-third of the" +"total number of seats for women (including the number of seats" +"reserved for women belonging the SCs and STs). Further, not less" +"than one-third of the total number of offices of chairpersons in the" +"panchayats at each level shall be reserved for women." +"The act also authorises the legislature of a state to make any" +"provision for reservation of seats in any panchayat or offices of" +" chairperson in the panchayat at any level in favour of backward" +"classes." +"The reservation of seats as well as the reservation of offices of" +"chairpersons in the panchayats for the scheduled castes and" +"scheduled tribes shall cease to have effect after the expiration of the" +"period specified in Article 334 (which is presently seventy years, that" +"is, till 2020)." +"It must be noted here that the above provision relating to the" +"reservation of seats in panchayats (both members and chairpersons)" +"for the scheduled castes is not applicable to the state of Arunachal" +"Pradesh. This is because the state is inhabited fully by indigenous" +"tribal people and there are no scheduled castes. This provision was" +"added later by the 83rd Constitutional Amendment Act of 2000." +"" +"Duration of Panchayats" +"The act provides for a five-year term of office to the panchayat at" +"every level. However, it can be dissolved before the completion of its" +"term. Further, fresh elections to constitute a panchayat shall be" +"completed (a) before the expiry of its duration of five years; or (b) in" +"case of dissolution, before the expiry of a period of six months from" +"the date of its dissolution." +"But, where the remainder of the period (for which the dissolved" +"panchayat would have continued) is less than six months, it shall not" +"be necessary to hold any election for constituting the new panchayat" +"for such period." +"Moreover, a panchayat constituted upon the dissolution of a" +"panchayat before the expiration of its duration shall continue only for" +"the remainder of the period for which the dissolved panchayat would" +"have continued had it not been so dissolved. In other words, a" +"panchayat reconstituted after premature dissolution does not enjoy" +"the full period of five years but remains in office only for the remainder" +"of the period." +"" +"Disqualifications" +"A person shall be disqualified for being chosen as or for being a" +"member of panchayat if he is so disqualified, (a) under any law for the" +"time being in force for the purpose of elections to the legislature of the" +"state concerned, or (b) under any law made by the state legislature." +"However, no person shall be disqualified on the ground that he is less" +"than 25 years of age if he has attained the age of 21 years. Further, all" +" questions of disqualifications shall be referred to such authority as the" +"state legislature determines." +"" +"State Election Commission" +"The superintendence, direction and control of the preparation of" +"electoral rolls and the conduct of all elections to the panchayats shall" +"be vested in the state election commission. It consists of a state" +"election commissioner to be appointed by the governor. His conditions" +"of service and tenure of office shall also be determined by the" +"governor. He shall not be removed from the office except in the" +"manner and on the grounds prescribed for the removal of a judge of" +"the state high court4. His conditions of service shall not be varied to" +"his disadvantage after his appointment." +"The state legislature may make provision with respect to all matters" +"relating to elections to the panchayats." +"" +"Powers and Functions" +"The state legislature may endow the Panchayats with such powers" +"and authority as may be necessary to enable them to function as" +"institutions of self-government. Such a scheme may contain provisions" +"for the devolution of powers and responsibilities upon Panchayats at" +"the appropriate level with respect to (a) the preparation of plans for" +"economic development and social justice; (b) the implementation of" +"schemes for economic development and social justice as may be" +"entrusted to them, including those in relation to the 29 matters listed in" +"the Eleventh Schedule." +"" +"Finances" +"The state legislature may (a) authorise a panchayat to levy, collect" +"and appropriate taxes, duties, tolls and fees; (b) assign to a panchayat" +"taxes, duties, tolls and fees levied and collected by the state" +"government; (c) provide for making grants-in-aid to the panchayats" +"from the consolidated fund of the state; and (d) provide for constitution" +"of funds for crediting all moneys of the panchayats." +"" +"Finance Commission" +"The governor of a state shall, after every five years, constitute a" +"finance commission to review the financial position of the panchayats." +"It shall make the following recommendations to the Governor:" +"1. The principles that should govern:" +" (a) The distribution between the state and the panchayats of the" +"net proceeds of the taxes, duties, tolls and fees levied by the" +"state and allocation of shares amongst the panchay-ats at all" +"levels." +"(b) The determination of taxes, duties, tolls and fees that may" +"be assigned to the panchayats." +"(c) The grants-in-aid to the panchayats from the consolidated" +"fund of the state." +"2. The measures needed to improve the financial position of the" +"panchayats." +"3. Any other matter referred to it by the governor in the interests of" +"sound finance of the panchayats." +"The state legislature may provide for the composition of the" +"commission, the required qualifications of its members and the" +"manner of their selection." +"The governor shall place the recommendations of the commission" +"along with the action taken report before the state legislature." +"The Central Finance Commission shall also suggest the measures" +"needed to augment the consolidated fund of a state to supplement the" +"resources of the panchayats in the states (on the basis of the" +"recommendations made by the finance commission of the state)." +"" +"Audit of Accounts" +"The state legislature may make provisions with respect to the" +"maintenance of accounts by the panchayats and the auditing of such" +"accounts." +"" +"Application to Union Territories" +"The provisions of this Part are applicable to the Union territories. But," +"the President may direct that they would apply to a Union territory" +"subject to such exceptions and modifications as he may specify." +"" +"Exempted States and Areas" +"The act does not apply to the states of Nagaland, Meghalaya and" +"Mizoram and certain other areas. These areas include, (a) the" +"scheduled areas and the tribal areas in the states5 ; (b) the hill areas" +"of Manipur for which district councils exist; and (c) Darjeeling district of" +"West Bengal for which Darjeeling Gorkha Hill Council exists." +"However, the Parliament may extend the provisions of this Part to" +"the scheduled areas and tribal areas subject to such exceptions and" +"modifications as it may specify. Under this provision, the Parliament" +" has enacted the “Provisions of the Panchayats (Extension to the" +"Scheduled Areas Act”, 1996, popularly known as the PESA Act or the" +"Extension Act." +"" +"Continuance of Existing Laws and Panchayats" +"All the state laws relating to panchayats shall continue to be in force" +"until the expiry of one year from the commencement of this act. In" +"other words, the states have to adopt the new panchayati raj system" +"based on this act within the maximum period of one year from 24" +"April, 1993, which was the date of the commencement of this act." +"However, all the panchayats existing immediately before the" +"commencement of act shall continue till the expiry of their term, unless" +"dissolved by the state legislature sooner." +"Consequently, majority of states passed the panchayati raj acts in" +"1993 and 1994 to adopt the new system in accordance with the 73rd" +"Constitutional Amendment Act of 1992." +"" +"Bar to Interference by Courts in Electoral Matters" +"The act bars the interference by courts in the electoral matters of" +"panchayats. It declares that the validity of any law relating to the" +"delimitation of constituencies or the allotment of seats to such" +"constituencies cannot be questioned in any court. It further lays down" +"that no election to any panchayat is to be questioned except by an" +"election petition presented to such authority and in such manner as" +"provided by the state legislature." +"" +"Eleventh Schedule" +"It contains the following 29 functional items placed within the purview" +"of panchayats:" +"1. Agriculture, including agricultural extension" +"2. Land improvement, implementation of land reforms, land" +"consolidation and soil conservation" +"3. Minor irrigation, water management and watershed development" +"4. Animal husbandry, dairying and poultry" +"5. Fisheries" +"6. Social forestry and farm forestry" +"7. Minor forest produce" +"8. Small-scale industries, including food processing industries" +"9. Khadi, village and cottage industries" +"10. Rural housing" +"11. Drinking water" +" 12. Fuel and fodder" +"13. Roads, culverts, bridges, ferries, waterways and other means of" +"communication" +"14. Rural electrification, including distribution of electricity" +"15. Non-conventional energy sources" +"16. Poverty alleviation programme" +"17. Education, including primary and secondary schools" +"18. Technical training and vocational education" +"19. Adult and non-formal education" +"20. Libraries" +"21. Cultural activities" +"22. Markets and fairs" +"23. Health and sanitation including hospitals, primary health centres" +"and dispensaries" +"24. Family welfare" +"25. Women and child development" +"26. Social welfare, including welfare of the handicapped and" +"mentally retarded" +"27. Welfare of the weaker sections, and in particular, of the" +"scheduled castes and the scheduled tribes" +"28. Public distribution system" +"29. Maintenance of community assets." +" COMPULSORY AND VOLUNTARY PROVISIONS" +"" +"Now, we will identify separately the compulsory (obligatory or" +"mandatory) and voluntary (discretionary or optional) provisions" +"(features) of the 73rd Constitutional Amendment Act (1992) or the Part" +"IX of the Constitution:" +"" +"A. Compulsory Provisions" +"1. Organisation of Gram Sabha in a village or group of villages." +"2. Establishment of panchayats at the village, intermediate and" +"district levels." +"3. Direct elections to all seats in panchay-ats at the village," +"intermediate and district levels." +"4. Indirect elections to the post of chairperson of panchayats at the" +"intermediate and district levels." +"5. Voting rights of the chairperson and other members of a" +"panchayat elected directly or indirectly." +"6. 21 years to be the minimum age for contesting elections to" +"panchayats." +"7. Reservation of seats (both members and chairpersons) for SCs" +"and STs in panchayats at all the three levels." +"8. Reservation of one-third seats (both members and chairpersons)" +"for women in panchayats at all the three levels." +"9. Fixing tenure of five years for panchay-ats at all levels and" +"holding fresh elections within six months in the event of" +"supersession of any panchayat." +"10. Establishment of a State Election Commission for conducting" +"elections to the panchayats." +"11. Constitution of a State Finance Commission after every five" +"years to review the financial position of the panchayats." +"" +"B. Voluntary Provisions" +"1. Endowing the Gram Sabha with powers and functions at the" +"village level." +"2. Determining the manner of election of the chairperson of the" +"village panchayat." +"3. Giving representation to the chairpersons of the village" +"panchayats in the intermediate panchayats or in the case of a" +" state not having intermediate panchayats, in the district" +"panchayats." +"4. Giving representation to the chairpersons of the intermediate" +"panchayats in the district panchayats." +"5. Giving representation to members of the Parliament (both the" +"Houses) and the state legislature (both the Houses) in the" +"panchayats at different levels falling within their constituencies." +"6. Providing reservation of seats (both members and chairpersons)" +"for backward classes in panchayats at any level." +"7. Granting powers and authority to the panchayats to enable them" +"to function as institutions of self-government (in brief, making" +"them autonomous bodies)." +"8. Devolution of powers and responsibilities upon panchayats to" +"prepare plans for economic development and social justice; and" +"to perform some or all of the 29 functions listed in the Eleventh" +"Schedule of the Constitution." +"9. Granting financial powers to the panchayats, that is, authorizing" +"them to levy, collect and appropriate taxes, duties, tolls and fees." +"10. Assigning to a panchayat the taxes, duties, tolls and fees levied" +"and collected by the state government." +"11. Making the grants-in-aid to the panchay-ats from the" +"consolidated fund of the state." +"12. Providing for constitution of funds for crediting all moneys of the" +"panchayats." +" PESA ACT OF 1996 (EXTENSION ACT)" +"" +"The provisions of Part IX of the constitution relating to the Panchayats" +"are not applicable to the Fifth Schedule areas. However, the" +"Parliament may extend these provisions to such areas, subject to" +"such exceptions and modifications as it may specify. Under this" +"provision, the Parliament has enacted the “Provisions of the" +"Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly" +"known as the PESA Act or the Extension Act." +"At present (2019), ten states have Fifth Schedule Areas. These are:" +"Andhra Pradesh, Telangana, Chhatisgarh, Gujarat, Himachal Pradesh," +"Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. All" +"the ten states have enacted requisite compliance legislations by" +"amending the respective Panchayati Raj Acts." +"" +"Objectives of the Act" +"The objectives of the PESA Act are as follows6 :" +"1. To extend the provisions of Part IX of the Constitution relating to" +"the panchayats to the scheduled areas with certain modifications" +"2. To provide self-rule for the bulk of the tribal population" +"3. To have village governance with participatory democracy and to" +"make the gram sabha a nucleus of all activities" +"4. To evolve a suitable administrative framework consistent with" +"traditional practices" +"5. To safeguard and to preserve the traditions and customs of tribal" +"communities" +"6. To empower panchayats at the appropriate levels with specific" +"powers conducive to tribal requirements" +"7. To prevent panchayats at the higher level from assuming the" +"powers and authority of panchayats at the lower level of the" +"gram sabha" +"" +"Features of the Act" +"The features (or the provisions) of the PESA Act are as follows:" +"1. A state legislation on the Panchayats in the Scheduled Areas" +"shall be in consonance with the customary law, social and" +"religious practices and traditional management practices of" +"community resources." +" 2. A village shall ordinarily consist of a habitation or a group of" +"habitations or a hamlet or a group of hamlets comprising a" +"community and managing its affairs in accordance with traditions" +"and customs." +"3. Every village shall have a Gram Sabha consisting of persons" +"whose names are included in the electoral rolls for the" +"Panchayat at the village level." +"4. Every Gram Sabha shall be competent to safeguard and" +"preserve the traditions and customs of the people, their cultural" +"identity, community resources and the customary mode of" +"dispute resolution." +"5. Every Gram Sabha shall–" +"(i) approve of the plans, programmes and projects for social" +"economic development before they are taken up" +"implementation by the Panchayat at the village level; and" +"(ii) be responsible for the identification of beneficiaries under" +"poverty alleviation and other programmes." +"6. Every Panchayat at the village level shall be required to obtain" +"from the Gram Sabha a certification of utilisation of funds for the" +"above plans, programmes and projects." +"7. The reservation of seats in the Scheduled Areas in every" +"Panchayat shall be in proportion to the population of the" +"communities for whom reservation is sought to be given under" +"Part IX of the Constitution. However, the reservation for the" +"Scheduled Tribes shall not be less than one-half of the total" +"number of seats. Further, all seats of Chairpersons of" +"Panchayats at all levels shall be reserved for the Scheduled" +"Tribes." +"8. The state government may nominate such Scheduled Tribes" +"which have no representation in the Panchayat at the" +"intermediate level or the Panchayat at the district level. But such" +"nomination shall not exceed one-tenth of the total members to" +"be elected in that Panchayat." +"9. The Gram Sabha or the Panchayats at the appropriate level" +"shall be consulted before making the acquisition of land in the" +"Scheduled Areas for development projects and before resettling" +"or rehabilitating persons affected by such projects in the" +"Scheduled Areas. However, the actual planning and" +"implementation of the projects in the Scheduled Areas shall be" +"coordinated at the state level." +" 10. Planning and management of minor water bodies in the" +"Scheduled Areas shall be entrusted to Panchayats at the" +"appropriate level." +"11. The recommendations of the Gram Sabha or the Panchayats at" +"the appropriate level shall be mandatory for grant of prospecting" +"licence or mining lease for minor minerals in the Scheduled" +"Areas." +"12. The prior recommendation of the Gram Sabha or the" +"Panchayats at the appropriate level shall be mandatory for grant" +"of concession for the exploitation of minor minerals by auction." +"13. While endowing Panchayats in the Scheduled Areas with such" +"powers and authority as may be necessary to enable them to" +"function as institutions of self-government, a State Legislature" +"shall ensure that the Panchayats at the appropriate level and the" +"Gram Sabha are endowed specifically with–" +"(i) the power to enforce prohibition or to regulate or restrict the s" +"and consumption of any intoxicant" +"(ii) the ownership of minor forest produce" +"(iii) the power to prevent alienation of land in the Scheduled Ar" +"and to take appropriate action to restore any unlawfully aliena" +"land of a Scheduled Tribe" +"(iv) the power to manage village markets" +"(v) the power to exercise control over money lending to" +"Scheduled Tribes" +"(vi) the power to exercise control over institutions and functionarie" +"all social sectors" +"(vii) the power to control local plans and resources for such pl" +"including tribal sub-plans" +"14. The State Legislations shall contain safeguards to ensure that" +"Panchayats at the higher level do not assume the powers and" +"authority of any Panchayat at the lower level or of the Gram" +"Sabha." +"15. The State Legislature shall endeavour to follow the pattern of" +"the Sixth Schedule to the Constitution while designing the" +"administrative arrangements in the Panchayats at district levels" +"in the Scheduled Areas." +"16. Any provision of any law (relating to Panchayats in the" +"Scheduled Areas) which is inconsistent with the provisions of" +"this Act shall cease to be in force at the expiry of one year from" +"the date on which this Act receives the assent of the President7." +" However, all the Panchayats existing immediately before such" +"date shall continue till the expiry of their term, unless dissolved" +"by the State Legislature sooner." +" FINANCES OF PANCHAYATI RAJ" +"" +"The Second Administrative Reforms Commission of India (2005–" +"2009) has summarized the sources of revenue of the Panchayati Raj" +"Institutions (PRIs) and their financial problems in the following way7a:" +"1. A major portion of Part IX of the Constitution deals with" +"structural empowerment of the PRIs but the real strength in" +"terms of both autonomy and efficiency of these institutions is" +"dependent on their financial position (including their capacity to" +"generate own resources). In general, Panchayats in our country" +"receive funds in the following ways:" +"(i) Grants from the Union Government based on" +"recommendations of the Central Finance Commission as" +"Article 280 of the Constitution." +"(ii) Devolution from the State Government based on" +"recommendations of the State Finance Commission as per Art" +"243-I." +"(iii) Loans / grants from the State Government." +"(iv) Programme-specific allocation under Centrally Sponso" +"Schemes and Additional Central Assistance." +"(v) Internal Resource Generation (tax and non-tax)." +"2. Across the country, States have not given adequate attention to" +"fiscal empowerment of the Panchayats. The Panchayats own" +"resources are meager. Kerala, Karnataka and Tamil Nadu are" +"the states which are considered to be progressive in PRIs" +"empowerment but even there, the Panchayats are heavily" +"dependent on government grants. One can draw the following" +"broad conclusions:" +"(i) Internal resource generation at the Panchayat level is weak. T" +"is partly due to a thin tax domain and partly due to Panchay" +"own reluctance in collecting revenue." +"(ii) Panchayats are heavily dependent on grants from Union" +"State Governments." +"(iii) A major portion of the grants both from Union as well as the S" +"Governments is scheme specific. Panchayats have lim" +"discretion and flexibility in incurring expenditure." +"(iv) In view of their own tight fiscal position, State Governments" +"not keen to devolve funds to Panchayats." +"(v) In most of the critical Eleventh Schedule matters like prim" +" education, healthcare, water supply, sanitation and m" +"irrigation even now, it is the State Government which is dire" +"responsible for implementation of these programmes and he" +"expenditure." +"(vi) Overall, a situation has been created where Panchayats h" +"responsibility but grossly inadequate resources." +"3. Though, in absolute terms, the quantum of funds the" +"Union/State Government transfers to a Panchayat forms the" +"major component of its receipt, the PRI’s own resource" +"generation is the soul behind its financial standing. It is not only" +"a question of resources; it is the existence of a local taxation" +"system which ensures people’s involvement in the affairs of an" +"elected body. It also makes the institution accountable to its" +"citizens." +"4. In terms of own resource collection, the Gram Panchayats are" +"comparatively in a better position because they have a tax" +"domain of their own, while the other two tiers are dependent only" +"on tolls, fees and non-tax revenue for generating internal" +"resources." +"5. State Panchayati Raj Acts have given most of the taxation" +"powers to Village Panchayats. The revenue domain of the" +"intermediate and District Panchayats (both tax as well as non-" +"tax) has been kept much smaller and remains confined to" +"secondary areas like ferry services, markets, water and" +"conservancy services, registration of vehicles, cess on stamp" +"duty and a few others." +"6. A study of various State Legislations indicates that a number of" +"taxes, duties, tolls and fees come under the jurisdiction of the" +"Village Panchayats. These interalia include octroi, prop-" +"erty/house tax, profession tax, land tax/cess, taxes/tolls on" +"vehicles, entertainment tax/fees, license fees, tax on non-" +"agriculture land, fee on registration of cattle, sanitation/drainage/" +"conservancy tax, water rate/ tax, lighting rate/tax, education cess" +"and tax on fairs and festivals." +" REASONS FOR INEFFECTIVE PERFORMANCE" +"Even after conferring the constitutional status and protection through" +"the 73rd Amendment Act (1992), the performance of the Panchayati" +"Raj Institutions (PRIs) has not been satisfactory and not upto the" +"expected level. The various reasons for this sub-optimal performance" +"are as follows7b:" +"1. Lack of adequate devolution: Many States have not taken" +"adequate steps to devolve 3Fs (i.e., functions, funds and" +"functionaries) to the PRIs to enable them to discharge their" +"constitutionally stipulated function. Further, it is imperative that" +"the PRIs have resources to match the responsibilities entrusted" +"to them. While SFCs (state finance commissions) have" +"submitted their recommendations, not many few States have" +"implemented these or taken steps to ensure the fiscal viability of" +"the PRIs." +"2. Excessive control by bureaucracy: In some States, the Gram" +"Panchayats have been placed in a position of subordination." +"Hence, the Gram Panchayat Sarpanches have to spend" +"extraordinary amount of time visiting Block Offices for funds" +"and/or technical approval. These interactions with the Block staff" +"office distort the role of Sarpanches as elected representatives." +"3. Tied nature of funds: This has two implications. The activities" +"stated under a certain scheme are not always appropriate for all" +"parts of the district. This results in unsuitable activities being" +"promoted or an under-spend of the funds." +"4. Overwhelming dependency on government funding: A" +"review of money received and own source funds shows the" +"overwhelming dependence of Panchayats on government" +"funding. When Panchayats do not raise resources and instead" +"receive funds from outside, people are less likely to request a" +"social audit." +"5. Reluctance to use fiscal powers: An important power" +"devolved to GP (Gram Panchayat) is the right to levy tax on" +"property, business, markets, fairs and also for services provided," +"like street lighting or public toilets, etc. Very few Panchayats use" +"their fiscal power to levy and collect taxes. The argument" +"pushed by Panchayat heads is that it is difficult to levy tax on" +" your own constituency, especially when you live in the" +"community." +"6. Status of the Gram Sabha: Empowering the Gram Sabhas" +"could have been a powerful weapon for transparency," +"accountability and for involvement of the marginalized sections." +"However, a number of the State Acts have not spelt the powers" +"of Gram Sabhas nor have any procedures been laid down for" +"the functioning of these bodies or penalties for the officials." +"7. Creation of Parallel Bodies: Often, Parallel Bodies (PBs) are" +"created for supposedly speedy implementation and greater" +"accountability. However, there is little evidence to show that such" +"PBs have avoided the evils including that of partisan politics," +"sharing of spoils, corruption and elite capture. Missions (in" +"particular) often bypassing mainstream programmes, create" +"disconnect, duality, and alienation between the existing and the" +"new structures and functions. PBs usurp the legitimate space of" +"PRIs and demoralize the PRIs by virtue of their superior" +"resource endowments." +"8. Poor Infrastructure: A large number of Gram Panchayats in the" +"country do not have even full time Secretary. Around 25 percent" +"of the Gram Panchayats do not have basic office buildings. The" +"database for planning, monitoring etc., are lacking in most of the" +"cases." +"A large number of elected representatives of PRIs are semi-" +"literate or literate and know little about their roles &" +"responsibilities, programmes, procedures, systems. Often for" +"want of good, relevant and periodic training, they are not able to" +"perform their functions properly." +"Although all the District and Intermediate Panchayats are" +"connected with computers, only around 20% Gram Panchayats" +"reported to be having computing facility. In some States, Village" +"Panchayats do not have any computing facility." +"" +"Table 38.2 Articles Related to Panchayats at a Glance" +"Article No. Subject-matter" +"243. Definitions" +"243A. Gram Sabha" +"243B. Constitution of panchayats" +" 243C. Composition of panchayats" +"243D. Reservation of seats" +"243E. Duration of panchayats, and so on" +"243F. Disqualifications for membership" +"243G. Powers, authority and responsibilities of panchayats" +"243H. Powers to impose taxes by, and funds of, the" +"panchayats" +"243-I. Constitution of finance commission to review financial" +"position" +"243J. Audit of accounts of panchayats" +"243K. Elections to the panchayats" +"243L. Application to union territories" +"243M. Part not to apply to certain areas" +"243N. Continuance of existing laws and panchayats" +"243-O. Bar to interference by courts in electoral matters" +"" +"Table 38.3 Name of Panchayati Raj Institutions in the States (2019)8" +"Sl. No. State Panchayati Raj" +"Institutions" +"1. Andhra Pradesh 1. Gram Panchayats" +"2. Mandal Parishads" +"3. Zilla Parishads" +"2. Arunachal Pradesh 1. Gram Panchayats" +"2. Anchal Samities" +"3. Zilla Parishads" +"3. Assam 1. Goan Panchayats" +"2. Anchalic Panchayats" +"3. Zilla Parishads" +"4. Bihar 1. Village Panchayats" +"2. Panchayat Samities" +"3. Zilla Parishads" +"5. Chattisgarh 1. Gram Panchayats" +"2. Janpad Panchayats" +"3. Zilla Panchayats" +" 6. Goa 1. Village Panchayats" +"2. Zilla Panchayats" +"7. Gujarat 1. Village Panchayats" +"2. Taluka Panchayats" +"3. District Panchayats" +"8. Haryana 1. Gram Panchayats" +"2. Panchayat Samities" +"3. Zilla Parishads" +"9. Himachal Pradesh 1. Gram Panchayats" +"2. Panchayat Samities" +"3. Zilla Panchayats" +"10. Jharkhand 1. Gram Panchayats" +"2. Panchayat Samities" +"3. Zilla Panchayats" +"11. Karnataka 1. Gram Panchayats" +"2. Taluka Panchayats" +"3. Zilla Panchayats" +"12. Kerala 1. Village Panchayats" +"2. Block Panchayats" +"3. District Panchayats" +"13. Madhya Pradesh 1. Village Panchayats" +"2. Block Panchayats" +"3. District Panchayats" +"14. Maharashtra 1. Village Panchayats" +"2. Panchayat Samities" +"3. Zilla Parishads" +"15. Manipur 1. Gram Panchayats" +"2. Zilla Panchayats" +"16. Odisha 1. Gram Panchayats" +"2. Panchayat Samities" +"3. Zilla Parishads" +"17. Punjab 1. Gram Panchayats" +"2. Panchayat Samities" +"3. Zilla Parishads" +"18. Rajasthan 1. Gram Panchayats" +"2. Panchayat Samities" +"3. Zilla Parishads" +" 19. Sikkim 1. Gram Panchayats" +"2. Zilla Panchayats" +"20. Tamil Nadu 1. Village Panchayats" +"2. Panchayat Unions" +"3. District Panchayats" +"21. Telangana 1. Gram Panchayats" +"2. Mandal Parishads" +"3. Zilla Parishads" +"22. Tripura 1. Gram Panchayats" +"2. Panchayat Samities" +"3. Zilla Panchayats" +"23. Uttar Pradesh 1. Gram Panchayats" +"2. Kshetra Panchayats" +"3. Zilla Panchayats" +"24. Uttarakhand 1. Gram Panchayats" +"2. Intermediate" +"Panchayats" +"3. District Panchayats" +"25. West Bengal 1. Gram Panchayats" +"2. Panchayat Samities" +"3. Zilla Parishads" +"" +"Table 38.4 Milestones in the Evolution of Panchayati Raj9" +"I. Towards First Generation Panchayats" +"1948– Constituent Assembly debates on the role of Panchayati Raj" +"49 in Indian polity" +"1950 The Constitution of India comes into force on 26 January;" +"Directive Principles of State Policy mention village panchayats" +"as ‘units of self-government’ (Art 40)" +"1952 Community Development Programme starts on 2nd October" +"1957 Balvantrai Mehta Committee, appointed in January, submits" +"its report on 24 November" +"1958– Several state governments enact new Panchayat Acts" +"60 bringing in three-tier panchayat system" +"1959 Jawaharlal Nehru inaugurates the first generation panchayat" +" at Nagaur in Rajasthan on 2nd October Kerala District Council" +"Bill is introduced in Kerala Assembly; lapses after Assembly is" +"dissolved" +"1964– Decline of first generation Panchayati Raj Institutions" +"77" +"II. Growth and Decline of Second Generation Panchayats" +"1978 Panchayat elections are held in West Bengal on party basis" +"on 4th June–marking the beginning of second generation of" +"Panchayati Raj." +"Ashok Mehta Committee on working of panchayats, appointed" +"on 12 December 1977, submits its report on 21 August" +"1983 Karnataka government enacts new PR Act" +"1984 Hanumantha Rao Committee on district level planning," +"appointed by Planning Commission in September 1982," +"submits its report in May" +"1985 Karnataka PR Act receives President’s assent in July; comes" +"into force on 14th August" +"1985 G.V.K. Rao Committee on administrative aspects of rural" +"development, appointed by Planning Commission on 25" +"March, submits its report in December" +"1986 Andhra Pradesh follows West Bengal and Karnataka" +"Panchayati Raj Model" +"1987 Karnataka holds panchayat elections in January" +"1990– Panchayats are dissolved and brought under administrators in" +"92 Karnataka" +"III. Constitutionalisation of Panchayati Raj" +"1986 L.M. Singhvi Committee submits its report on 27 November;" +"recommends constitutional status for panchayats" +"1988 Consultative Committee of Parliament appoints a sub-" +"committee under chairpersonship of P.K. Thungon to consider" +"Constitutional Amendment" +"1989 64th Constitutional Amendment Bill is introduced in Parliament" +"on 15 May; is defeated in Rajya Sabha on 15 October" +"1990 74th Constitutional Amendment Bill is introduced in Parliament" +"on 7 September; lapses on dissolution of Lok Sabha" +" 1991 72nd (Panchayats) and 73rd (Municipalities) Amendment Bills" +"are introduced in Parliament; referred to the Parliament’s Joint" +"Select Committee in September" +"1992 Lok Sabha passes both the Bills on 22 December; Rajya" +"Sabha passes them on 23 December" +"1993 73rd Amendment Act, 1992 comes into force on 24 April" +"74th Amendment Act, 1992 comes into force on 1 June" +"1993– All state governments pass Conformity Acts between 30 May," +"94 1993 and 23 April, 1994" +"1994 Madhya Pradesh holds panchayat elections under the 73rd" +"Amendment dispensation on 30 May" +"1996 Provisions of the Panchayats (Extension to the Scheduled" +"Areas) Act, 1996, extending 73rd Amendment Act to" +"Scheduled Areas, comes into force on 24 December." +"Kerala launches People’s Plan Campaign on 16 August" +"2001 Bihar holds panchayat elections after 23 years (11–30 April)" +"2001 83rd Constitutional Amendment Act, 2000 amends Art. 243-M" +"to dispense with reservations for Scheduled Castes in" +"Arunachal Pradesh–paving way for panchayat elections in the" +"only state yet to hold them under the new dispensation" +"" +"Table 38.5 Committees Related to Panchayati Raj (After" +"Constitutionalisation)" +"Sl. Name of the Committee Chairman Appointed Reported" +"No. in in" +"1. Task Force on Devolution Lalit Mathur 2001 2001" +"of Powers and Functions" +"to Panchayati Raj" +"Institutions" +"2. Expert Group on V. 2005 2006" +"Planning at the Ramachandran" +"Grassroots Level" +"3. Task Force for Smt. Rajwant 2008 2008" +"Preparation of a Manual Sandhu" +"for District Planning" +" 4. Committee on V. 2010 2012" +"Restructuring of DRDA Ramachandran" +"(District Rural" +"Development Agency)" +"5. Expert Committee on Mani Shankar 2012 2013" +"Leveraging Panchayats Aiyar" +"for Efficient Delivery of" +"Public Goods and" +"Services" +"" +"" +"NOTES AND REFERENCES" +"1. The subject of ‘Local Government’ is mentioned in the State" +"List under the Seventh Schedule of the Constitution." +"2. This bill was passed by the Lok Sabha on 22 December," +"1992, and by the Rajya Sabha on 23 December, 1992." +"Later, it was approved by the 17 state assemblies and" +"received the assent of the president on 20 April, 1993." +"3. The Act defines all these terms in the following manner:" +"(a) Panchayat means an institution (by whatever name" +"called) of selfgovernment for rural areas." +"(b) Village means a village specified by the governor by" +"public notification to be a village for this purpose, and" +"includes a group of villages so specified." +"(c) Intermediate level means a level between the village" +"and district levels specified by the governor by public" +"notification for this purpose." +"(d) District means a district in a state." +"4. A judge of a high court can be removed from his office by" +"the president on the recommendation of the Parliament." +"This means that a state election commissioner cannot be" +"removed by the governor, though appointed by him." +"5. At present (2019), ten states of India have scheduled areas." +"These are: Andhra Pradesh, Telangana, Jharkhand," +"Chhatisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh," +"Maharashtra, Odisha and Rajasthan. Presently (2019)," +"there are a total of ten tribal areas (autonomous districts) in" +"the four states of Assam (3), Meghalaya (3), Tripura (1) and" +"Mizoram (3)." +" 6. S.K. Singh, Panchayats in Scheduled Areas, Kurukshetra," +"May 2001, p. 26." +"7. This Act received the assent of the President on 24" +"December, 1996." +"7a. Second Administrative Reforms Commission, Government" +"of India, Report on Local Governance, 2007, pp. 151–154." +"7b. Ministry of Panchayati Raj, Government of India, Roadmap" +"for the Panchayati Raj (2011–16), pp. 11–12, 23 and 7–8." +"8. Report of the Thirteenth Finance Commission (2010–2015)," +"Volume II, December 2009, pp. 424–426." +"9. Panchayati Raj Update, October, 2002, Institute of Social" +"Sciences, New Delhi." +" 39 Municipalities" +"" +"" +"" +"" +"T" +"he term ‘Urban Local Government’ in India signifies the" +"governance of an urban area by the people through their" +"elected representatives. The jurisdiction of an urban local" +"government is limited to a specific urban area which is demarcated for" +"this purpose by the state government1 ." +"There are eight types of urban local governments in India–" +"municipal corporation, municipality, notified area committee, town area" +"committee, cantonment board, township, port trust and special" +"purpose agency." +"The system of urban government was constitutionalised through" +"the 74th Constitutional Amendment Act of 1992. At the Central level," +"the subject of ‘urban local government’ is dealt with by the following" +"three ministries:" +"(i) Ministry of Housing and Urban Affairs." +"(ii) Ministry of Defence in the case of cantonment boards" +"(iii) Ministry of Home Affairs in the case of Union Territories" +" EVOLUTION OF URBAN BODIES" +"" +"Historical Perspective" +"The institutions of urban local government originated and developed in" +"modern India during the period of British rule. The major events in this" +"context are as follows:" +"(i) In 1688, the first municipal corporation in India was set up at" +"Madras." +"(ii) In 1726, the municipal corporations were set up in Bombay and" +"Calcutta." +"(iii) Lord Mayo’s Resolution of 1870 on financial decentralisation" +"visualised the development of local self-government institutions." +"(iv) Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna" +"Carta’ of local self-government. He is called as the father of" +"local-self government in India." +"(v) The Royal Commission on decentralisation was appointed in" +"1907 and it submitted its report in 1909. Its chairman was" +"Hobhouse." +"(vi) Under the dyarchical scheme introduced in Provinces by the" +"Government of India Act of 1919, local self-government became" +"a transferred subject under the charge of a responsible Indian" +"minister." +"(vii) In 1924, the Cantonments Act was passed by the Central" +"legislature." +"(viii) Under the provincial autonomy scheme introduced by the" +"Government of India Act of 1935, local self-government was" +"declared a provincial subject." +"" +"Committees and Commissions" +"The committees and commissions appointed by the Central" +"Government to improve the functioning of urban local governments" +"are mentioned below in Table 39.1." +"" +"Constitutionalisation" +"In August 1989, the Rajiv Gandhi government introduced the 65th" +"Constitutional Amendment Bill (i.e., Nagarpalika Bill) in the Lok Sabha." +"The bill aimed at strengthening and revamping the municipal bodies" +" by conferring a constitutional status on them. Although the bill was" +"passed in the Lok Sabha, it was defeated in the Rajya Sabha in" +"October 1989 and hence, lapsed." +"" +"Table 39.1 Committees and Commissions on Urban Local" +"Governments" +"Sl. Year Name of the Committee / Chairman" +"No. Commission" +"1. 1949–51 Local Finance Enquiry P.K. Wattal" +"Committee" +"2. 1953–54 Taxation Enquiry John Matthai" +"Commission" +"3. 1963–65 Committee on the Training Nur-Ud-din Ahmed" +"of Municipal Employees" +"4. 1963–66 Rural-Urban Relationship A.P. Jain" +"Committee" +"5. 1963 Committee of Ministers on Rafiq Zakaria" +"Augmentation of Financial" +"Resources of Urban Local" +"Bodies" +"6. 1965–68 Committee on Service –" +"Conditions of Municipal" +"Employees" +"7. 1974 Committee on Budgetary Girijapati Mukharji" +"Reform in Municipal" +"Administration" +"8. 1982 Study Group on K.N. Sahaya" +"Constitution, Powers and" +"Laws of Urban Local" +"Bodies and Municipal" +"Corporations" +"9. 1985–88 National Commission on C.M. Correa" +"Urbanisation" +"" +"The National Front Government under V P Singh introduced the" +"revised Nagarpalika Bill in the Lok Sabha again in September 1990." +" However, the bill was not passed and finally lapsed due to the" +"dissolution of the Lok Sabha." +"P V Narasimha Rao’s Government also introduced the modified" +"Municipalities Bill inthe Lok Sabha in September 1991. It finally" +"emerged as the 74th Constitutional Amendment Act of 1992 and came" +"into force on 1 June 19932 ." +" 74TH AMENDMENT ACT OF 1992" +"" +"This Act has added a new Part IX-A to the Constitution of India. This" +"part is entitled as ‘The Municipalities’ and consists of provisions from" +"Articles 243-P to 243-ZG. In addition, the act has also added a new" +"Twelfth Schedule to the Constitution. This schedule contains eighteen" +"functional items of municipalities. It deals with Article 243-W." +"The act gave constitutional status to the municipalities. It has" +"brought them under the purview of justiciable part of the Constitution." +"In other words, state governments are under constitutional obligation" +"to adopt the new system of municipalities in accordance with the" +"provisions of the act." +"The act aims at revitalising and strengthening the urban" +"governments so that they function effectively as units of local" +"government." +"" +"Salient Features" +"The salient features of the act are:" +"" +"Three Types of Municipalities" +"The act provides for the constitution of the following three types of" +"municipalities in every state." +"1. A nagar panchayat (by whatever name called) for a transitional" +"area3 ." +"2. A municipal council for a smaller urban area." +"3. A municipal corporation for a larger urban area." +"But, there is one exception. If there is an urban area where" +"municipal services are being provided by an industrial establishment," +"then the governor may specify that area to be an industrial township." +"In such a case, a municipality may not be constituted." +"The governor has to specify a transitional area, a smaller urban" +"area or a larger urban area, keeping in view the following factors:" +"(a) Population of the area." +"(b) Density of the population therein." +"(c) Revenue generated for local administration." +"(d) Percentage of employment in non-agricultural activities." +"(e) Economic importance." +"(f) Such other factors as he may deem fit." +" Composition" +"All the members of a municipality shall be elected directly by the" +"people of the municipal area. For this purpose, each municipal area" +"shall be divided into territorial constituencies to be known as wards." +"The state legislature may provide the manner of election of the" +"chairperson of a municipality. It may also provide for the" +"representation of the following persons in a municipality." +"1. Persons having special knowledge or experience in municipal" +"administration without the right to vote in the meetings of" +"municipality." +"2. The members of the Lok Sabha and the state legislative" +"assembly representing constituencies that comprise wholly or" +"partly the municipal area." +"3. The members of the Rajya Sabha and the state legislative" +"council registered as electors within the municipal area." +"4. The chairpersons of committees (other than wards committees)." +"" +"Wards Committees" +"There shall be constituted a wards committee, consisting of one or" +"more wards, within the territorial area of a municipality having" +"population of three lakh or more. The state legislature may make" +"provision with respect to the composition and the territorial area of a" +"wards committee and the manner in which the seats in a wards" +"committee shall be filled." +"" +"Other Committees" +"In addition to the wards committees, the state legislature is also" +"allowed to make any provision for the constitution of other committees." +"The chairpersons of such committees may be made members of the" +"municipality." +"" +"Reservation of Seats" +"The act provides for the reservation of seats for the scheduled castes" +"and the scheduled tribes in every municipality in proportion of their" +"population to the total population in the municipal area. Further, it" +"provides for the reservation of not less than one-third of the total" +"number of seats for women (including the number of seats reserved" +"for woman belonging to the SCs and the STs)." +"The state legislature may provide for the manner of reservation of" +"offices of chairpersons in the municipalities for SCs, STs and women." +"It may also make any provision for the reservation of seats in any" +" municipality or offices of chairpersons in municipalities in favour of" +"backward classes." +"The reservation of seats as well as the reservation of offices of" +"chairpersons in the municipalities for the scheduled castes and" +"scheduled tribes shall cease to have effect after the expiration of the" +"period specified in Article 334 (which is presently seventy years, that" +"is, till 2020)." +"" +"Duration of Municipalities" +"The act provides for a five-year term of office for every municipality." +"However, it can be dissolved before the completion of its term." +"Further, the fresh elections to constitute a municipality shall be" +"completed (a) before the expiry of its duration of five years; or (b) in" +"case of dissolution, before the expiry of a period of six months from" +"the date of its dissolution." +"But, where the remainder of the period (for which the dissolved" +"municipality would have continued) is less than six months, it shall not" +"be necessary to hold any election for constituting the new municipality" +"for such period." +"Moreover, a municipality constituted upon the dissolution of a" +"municipality before the expiration of its duration shall continue only for" +"the remainder of the period for which the dissolved municipality would" +"have continued had it not been so dissolved. In other words, a" +"municipality reconstituted after premature dissolution does not enjoy" +"the full period of five years but remains in office only for the remainder" +"of the period." +"The act also makes two more provisions with respect to dissolution:" +"(a) a municipality must be given a reasonable opportunity of being" +"heard before its dissolution; and (b) no amendment of any law for the" +"time being in force shall cause dissolution of a municipality before the" +"expiry of the five years term." +"" +"Disqualifications" +"A person shall be disqualified for being chosen as or for being a" +"member of a municipality if he is so disqualified (a) under any law for" +"the time being in force for the purposes of elections to the legislature" +"of the state concerned; or (b) under any law made by the state" +"legislature. However, no person shall be disqualified on the ground" +"that he is less than 25 years of age if he has attained the age of 21" +"years. Further, all questions of disqualifications shall be referred to" +"such authority as the state legislature determines." +" State Election Commission" +"The superintendence, direction and control of the preparation of" +"electoral rolls and the conduct of all elections to the municipalities" +"shall be vested in the state election commission." +"The state legislature may make provision with respect to all matters" +"relating to elections to the municipalities." +"" +"Powers and Functions" +"The state legislature may endow the municipalities with such powers" +"and authority as may be necessary to enable them to function as" +"institutions of self-government. Such a scheme may contain provisions" +"for the devolution of powers and responsibilities upon municipalities at" +"the appropriate level with respect to (a) the preparation of plans for" +"economic development and social justice; (b) the implementation of" +"schemes for economic development and social justice as may be" +"entrusted to them, including those in relation to the eighteen matters" +"listed in the Twelfth Schedule." +"" +"Finances" +"The state legislature may (a) authorise a municipality to levy, collect" +"and appropriate taxes, duties, tolls and fees; (b) assign to a" +"municipality taxes, duties, tolls and fees levied and collected by state" +"government; (c) provide for making grants-in-aid to the municipalities" +"from the consolidated fund of the state; and (d) provide for constitution" +"of funds for crediting all moneys of the municipalities." +"" +"Finance Commission" +"The finance commission (which is constituted for the panchayats)" +"shall also, for every five years, review the financial position of" +"municipalities and make recommendation to the governor as to:" +"1. The principles that should govern:" +"(a) The distribution between the state and the municipalities of" +"the net proceeds of the taxes, duties, tolls and fees levied by" +"the state and allocation of shares amongst the municipalities" +"at all levels." +"(b) The determination of the taxes, duties, tolls and fees that" +"may be assigned to the municipalities." +"(c) The grants-in-aid to the municipalities from the consolidated" +"fund of the state." +"2. The measures needed to improve the financial position of the" +"municipalities." +" 3. Any other matter referred to it by the governor in the interests of" +"sound finance of municipalities." +"The governor shall place the recommendations of the commission" +"along with the action taken report before the state legislature." +"The central finance commission shall also suggest the measures" +"needed to augment the consolidated fund of a state to supplement the" +"resources of the municipalities in the state (on the basis of the" +"recommendations made by the finance commission of the state)." +"" +"Audit of Accounts" +"The state legislature may make provisions with respect to the" +"maintenance of accounts by municipalities and the auditing of such" +"accounts." +"" +"Application to Union Territories" +"The provisions of this part are applicable to the Union territories. But," +"the President may direct that they would apply to a Union territory" +"subject to such exceptions and modifications as he may specify." +"" +"Exempted Areas" +"The act does not apply to the scheduled areas and tribal areas in the" +"states4. It shall also not affect the functions and powers of the" +"Darjeeling Gorkha Hill Council of the West Bengal." +"However, the Parliament may extend the provisions of this part to" +"the scheduled areas and tribal areas subject to such exceptions and" +"modifications as it may specify." +"" +"District Planning Committee" +"Every state shall constitute at the district level, a district planning" +"committee to consolidate the plans prepared by panchayats and" +"municipalities in the district, and to prepare a draft development plan" +"for the district as a whole. The state legislature may make provisions" +"with respect to the following:" +"1. The composition of such committees;" +"2. The manner of election of members of such committees;" +"3. The functions of such committees in relation to district planning;" +"and" +"4. The manner of the election of the chairpersons of such" +"committees." +"The act lays down that four-fifths of the members of a district" +"planning committee should be elected by the elected members of the" +" district panchayat and municipalities in the district from amongst" +"themselves. The representation of these members in the committee" +"should be in proportion to the ratio between the rural and urban" +"populations in the district." +"The chairperson of such committee shall forward the development" +"plan to the state government." +"In preparing the draft development plan, a district planning" +"committee shall" +"(a) Have regard to–" +"(i) matters of common interest between the Panchayats and" +"Municipalities including spatial planning, sharing of water" +"other physical and natural resources, the integrated developm" +"of infrastructure and environmental conservation;" +"(ii) the extent and type of available resources whether financia" +"otherwise; and" +"(b) Consult such institutions and organisations as the Governor may" +"specify." +"" +"Metropolitan Planning Committee" +"Every metropolitan area shall have a metropolitan planning committee" +"to prepare a draft development plan5. The state legislature may make" +"provisions with respect to the following:" +"1. The composition of such committees;" +"2. The manner of election of members of such committees;" +"3. The representation in such committes of the Central" +"government, state government and other organisations;" +"4. The functions of such committees in relation to planning and" +"coordination for the metropolitan area; and" +"5. The manner of election of chairpersons of such committees." +"The act lays down that two-thirds of the members of a metropolitan" +"planning committee should be elected by the elected members of the" +"municipalities and chairpersons of the panchayats in the metropolitan" +"area from amongst themselves. The representation of these members" +"in the committee should be in proportion to the ratio between the" +"population of the municipalities and the panchayats in that" +"metropolitan area." +"The chairpersons of such committees shall forward the" +"development plan to the state government." +"In preparing the draft development plan, a metropolitan planning" +"committee shall" +"(a) Have regard to–" +" (i) the plans prepared by the Municipalities and the Panchayats" +"the Metropolitan area;" +"(ii) matters of common interest between the Municipalities and t" +"Pan-chayats, including co-ordinated spatial planning of the are" +"sharing of water and other physical and natural resources, t" +"integrated development of infrastructure and environmen" +"conservation;" +"(iii) the overall objectives and priorities set by the Government" +"India and the government of the state;" +"(iv) the extent and nature of investments likely to be made in t" +"Metropolitan area by agencies of the Government of India and" +"the Government of the State and other available resourc" +"whether financial or otherwise; and" +"(b) consult such institutions and organisations as the Governor may" +"specify." +"" +"Continuance of Existing Laws and Municipalities" +"All the state laws relating to municipalities shall continue to be in force" +"until the expiry of one year from the commencement of this act. In" +"other words, the states have to adopt the new system of municipalities" +"based on this act within the maximum period of one year from 1 June," +"1993, which is the date of commencement of this act. However, all" +"municipalities existing immediately before the commencement of this" +"act shall continue till the expiry of their term, unless dissolved by the" +"state legislature sooner." +"" +"Bar to Interference by Courts in Electoral Matters" +"The act bars the interference by courts in the electoral matters of" +"municipalities. It declares that the validity of any law relating to the" +"delimitation of constituencies or the allotment of seats to such" +"constituencies cannot be questioned in any court. It further lays down" +"that no election to any municipality is to be questioned except by an" +"election petition presented to such authority and in such manner as" +"provided by the state legislature." +"" +"Twelfth Schedule" +"It contains the following 18 functional items placed within the purview" +"of municipalities:" +"1. Urban planning including town planning;" +"2. Regulation of land use and construction of buildings;" +"3. Planning for economic and social development;" +" 4. Roads and bridges;" +"5. Water supply for domestic, industrial and commercial purposes;" +"6. Public health, sanitation, conservancy and solid waste" +"management;" +"7. Fire services;" +"8. Urban forestry, protection of the environment and promotion of" +"ecological aspects;" +"9. Safeguarding the interests of weaker sections of society," +"including the handicapped and mentally retarded;" +"10. Slum improvement and upgradation;" +"11. Urban poverty alleviation;" +"12. Provision of urban amenities and facilities such as parks," +"gardens, playgrounds;" +"13. Promotion of cultural, educational and aesthetic aspects;" +"14. Burials and burial grounds, cremations and cremation grounds" +"and electric crematoriums;" +"15. Cattle ponds, prevention of cruelty to animals;" +"16. Vital statistics including registration of births and deaths;" +"17. Public amenities including street lighting, parking lots, bus stops" +"and public conveniences; and" +"18. Regulation of slaughter houses and tanneries." +" TYPES OF URBAN GOVERNMENTS" +"The following eight types of urban local bodies are created in India for" +"the administration of urban areas:" +"• Municipal Corporation" +"• Municipality" +"• Notified Area Committee" +"• Town Area Committee" +"• Cantonment Board" +"• Township" +"• Port Trust" +"• Special Purpose Agency" +"" +"1. Municipal Corporation" +"Municipal corporations are created for the administration of big cities" +"like Delhi, Mumbai, Kolkata, Hyderabad, Bangalore and others. They" +"are established in the states by the acts of the concerned state" +"legislatures, and in the union territories by the acts of the Parliament" +"of India. There may be one common act for all the municipal" +"corporations in a state or a separate act for each municipal" +"corporation." +"A municipal corporation has three authorities, namely, the council," +"the standing committees and the commissioner." +"The Council is the deliberative and legislative wing of the" +"corporation. It consists of the Councillors directly elected by the" +"people, as well as a few nominated persons having knowledge or" +"experience of municipal administration. In brief, the composition of the" +"Council including the reservation of seats for SCs, STs and women is" +"governed by the 74th Constitutional Amendment Act." +"The Council is headed by a Mayor. He is assisted by a Deputy" +"Mayor. He is elected in a majority of the states for a one-year" +"renewable term. He is basically an ornamental figure and a formal" +"head of the corporation. His main function is to preside over the" +"meetings of the Council." +"The standing committees are created to facilitate the working of the" +"council, which is too large in size. They deal with public works," +"education, health, taxation, finance and so on. They take decisions in" +"their fields." +" The municipal commissioner is responsible for the implementation" +"of the decisions taken by the council and its standing committees." +"Thus, he is the chief executive authority of the corporation. He is" +"appointed by the state government and is generally a member of the" +"IAS." +"" +"2. Municipality" +"The municipalities are established for the administration of towns and" +"smaller cities. Like the corporations, they are also set up in the states" +"by the acts of the concerned state legislatures and in the union" +"territory by the acts of the Parliament of India. They are also known by" +"various other names like municipal council, municipal committee," +"municipal board, borough municipality, city municipality and others." +"Like a municipal corporation, a municipality also has three" +"authorities, namely, the council, the standing committees and the chief" +"executive officer." +"The council is the deliberative and legislative wing of the" +"municipality. It consists of the councillors directly elected by the" +"people." +"The council is headed by a president/chair-man. He is assisted by a" +"vice-president/vice-chairman. He presides over the meetings of the" +"council. Unlike the Mayor of a municipal corporation, he plays a" +"significant role and is the pivot of the municipal administration. Apart" +"from presiding over the meetings of the Council, he enjoys executive" +"powers." +"The standing committees are created to facilitate the working of the" +"council. They deal with public works, taxation, health, finance and so" +"on." +"The chief executive officer/chief municipal officer is responsible for" +"day-to-day general administration of the municipality. He is appointed" +"by the state government." +"" +"3. Notified Area Committee" +"A notified area committee is created for the administration of two types" +"of areas–a fast developing town due to industrialisation, and a town" +"which does not yet fulfil all the conditions necessary for the" +"constitution of a municipality, but which otherwise is considered" +"important by the state government. Since it is established by a" +"notification in the government gazette, it is called as notified area" +" committee. Though it functions within the framework of the State" +"Municipal Act, only those provisions of the act apply to it which are" +"notified in the government gazette by which it is created. It may also" +"be entrusted to exercise powers under any other act. Its powers are" +"almost equivalent to those of a municipality. But unlike the" +"municipality, it is an entirely nominated body, that is, all the members" +"of a notified area committee including the chairman are nominated by" +"the state government. Thus, it is neither an elected body nor a" +"statutory body." +"" +"4. Town Area Committee" +"A town area committee is set up for the administration of a small town." +"It is a semimunicipal authority and is entrusted with a limited number" +"of civic functions like drainage, roads, street lighting, and conservancy." +"It is created by a separate act of a state legislature. Its composition," +"functions and other matters are governed by the act. It may be wholly" +"elected or wholly nominated by the state government or partly elected" +"and partly nominated6 ." +"" +"5. Cantonment Board" +"A cantonment board is established for municipal administration for" +"civilian population in the cantonment area7. It is set up under the" +"provisions of the Cantonments Act of 2006–a legislation enacted by" +"the Central government. It works under the administrative control of" +"the defence ministry of the Central government. Thus, unlike the" +"above four types of urban local bodies, which are created and" +"administered by the state government, a cantonment board is created" +"as well as administered by the Central government." +"The Cantonments Act of 2006 was enacted to consolidate and" +"amend the law relating to the administration of cantonments with a" +"view to impart greater democratisation, improvement of their financial" +"base to make provisions for developmental activities and for matters" +"connected with them. This Act has repealed the Cantonments Act of" +"1924" +"At present (2019), there are 62 cantonment boards in the country." +"They are grouped into four categories on the basis of the civil" +"population. This is shown below in Table 39.2." +"" +"Table 39.2 Classification of Cantonment Boards" +" Category Civil Population" +"I above 50,000" +"II 10,000 to 50,000" +"III 2,500 to 10,000" +"IV Below 2,500" +"" +"A cantonment board consists of partly elected and partly nominated" +"members. The elected members hold office for a term of five years" +"while the nominated members (i.e., ex-officio members) continue so" +"long as they hold the office in that station. The military officer" +"commanding the station is the ex-officio president of the board and" +"presides over its meetings. The vice-president of the board is elected" +"by the elected members from amongst themselves for a term of five" +"years." +"The Category I cantonment board consists of the following" +"members:" +"(i) A military officer commanding the station" +"(ii) An executive engineer in the cantonment" +"(iii) A health officer in the cantonment" +"(iv) A first class magistrate nominated by the district magistrate" +"(v) Three military officers nominated by the officer commanding the" +"station" +"(vi) Eight members elected by the people of the cantonment area" +"(vii) Chief Executive Officer of the cantonment board" +"The functions performed by a cantonment board are similar to" +"those of a municipality. These are statutorily categorised into" +"obligatory functions and discretionary functions. The sources of" +"income includes both, tax revenue and non-tax revenue." +"The executive officer of the cantonment board is appointed by the" +"president of India. He implements all the resolutions and decisions of" +"the board and its committees. He belongs to the central cadre" +"established for the purpose." +"" +"6. Township" +"This type of urban government is established by the large public" +"enterprises to provide civic amenities to its staff and workers who live" +"in the housing colonies built near the plant. The enterprise appoints a" +"town administrator to look after the administration of the township. He" +" is assisted by some engineers and other technical and non-technical" +"staff. Thus, the township form of urban government has no elected" +"members. In fact, it is an extension of the bureaucratic structure of the" +"enterprises." +"" +"7. Port Trust" +"The port trusts are established in the port areas like Mumbai, Kolkata," +"Chennai and so on for two purposes: (a) to manage and protect the" +"ports; and (b) to provide civic amenities. Aport trust is created by an" +"Act of Parliament. It consists of both elected and nominated members." +"Its chairman is an official. Its civic functions are more or less similar to" +"those of a municipality." +"" +"8. Special Purpose Agency" +"In addition to these seven area-based urban bodies (or multipurpose" +"agencies), the states have set up certain agencies to undertake" +"designated activities or specific functions that ‘legitimately’ belong to" +"the domain of municipal corporations or municipalities or other local" +"urban governments. In other words, these are function-based and not" +"areabased. They are known as ‘single purpose’, ‘uni-purpose’ or" +"‘special purpose’ agencies or ‘functional local bodies’. Some such" +"bodies are:" +"1. Town improvement trusts." +"2. Urban development authorities." +"3. Water supply and sewerage boards." +"4. Housing boards." +"5. Pollution control boards." +"6. Electricity supply boards." +"7. City transport boards." +"These functional local bodies are established as statutory bodies by" +"an act of state legislature or as departments by an executive" +"resolution. They function as autonomous bodies and deal with the" +"functions allotted to them independently of the local urban" +"governments, that is, municipal corporations or municipalities and so" +"forth. Thus, they are not subordinate agencies of the local municipal" +"bodies." +" MUNICIPAL PERSONNEL" +"" +"There are three types of municipal personnel systems in India. The" +"personnel working in the urban governments may belong to any one" +"or all the three types. These are" +"1. Separate Personnel System: Under this system, each local body" +"appoints, administers, and controls its own personnel. They are not" +"transferable to other local bodies. It is the most widely prevalent" +"system. This system upholds the principle of local autonomy and" +"promotes undivided loyalty." +"2. Unified Personnel System: In this system, the state government" +"appoints, administers, and controls the municipal personnel. In other" +"words, state-wide services (cadres) are created for all the urban" +"bodies in the state. They are transferable between the local bodies in" +"the state. This system is prevalent in Andhra Pradesh, Tamil Nadu," +"Uttar Pradesh, Rajasthan, Madhya Pradesh and so on." +"3. Integrated Personnel System: Under this system, the personnel" +"of the state government and those of the local bodies form part of the" +"same service. In other words, the municipal personnel are the" +"members of the state services. They are transferable not only" +"between the local bodies in the state but also between local bodies" +"and departments of state government. Thus, there is no distinction" +"between local civil service and state civil service. This system is" +"prevalent in Odisha, Bihar, Karnataka, Punjab, Haryana and others." +"The various national level institutions providing training to the" +"municipal personnel are" +"1. All-India Institute of Local SelfGovernment (Mumbai) constituted" +"in 1927; it is a private registered society" +"2. Centre for Urban and Environmental Studies (New Delhi) set up" +"in 1967 on the recommendation of Nur-uddin Ahmed Committee" +"on Training of Municipal Employees (1963–1965)" +"3. Regional Centres for Urban and Environmental Studies (Kolkata," +"Lucknow, Hyderabad and Mumbai) set up in 1968 on the" +"recommendation of Nur-ud-din Ahmed Committee on Training of" +"Municipal Employees (1963–1965)" +"4. National Institute of Urban Affairs, established in 1976" +"5. Human Settlement Management Institute, established in 1985" +" MUNICIPAL REVENUE" +"" +"There are five sources of income of the urban local bodies. These are" +"as follows:" +"1. Tax Revenue: The revenue from the local taxes include" +"property tax, entertainment tax, taxes on advertisements," +"professional tax, water tax, tax on animals, lighting tax, pilgrim" +"tax, market tax, toll on new bridges, octroi and so on. In addition," +"the municipal bodies imposes various cesses like library cess," +"education cess, beggary cess and so on. Octroi (i.e., taxes on" +"the entry of goods into a local area for consumption, use or sale" +"therein) has been abolished in most of the states. Property tax is" +"the most important tax revenue." +"2. Non-Tax Revenue: This source include rent on municipal" +"properties, fees and fines, royalty, profits and dividends, interest," +"user charges and miscellaneous receipts. The user charges (i.e.," +"payment for public utilities) include water charges, sanitation" +"charges, sewerage charges and so on." +"3. Grants: These include the various grants given to municipal" +"bodies by the Central and State Governments for several" +"development programmes, infrastructure schemes, urban reform" +"initiatives and so on." +"4. Devolution: This consists of the transfer of funds to the urban" +"local bodies from the state government. This devolution is made" +"on the basis of the recommendations of the state finance" +"commission." +"5. Loans: The urban local bodies raise loans from the state" +"government as well as financial institutions to meet their capital" +"expenditure. They can borrow from the financial institutions or" +"other bodies only with the approval of the state government." +" CENTRAL COUNCIL OF LOCAL GOVERNMENT" +"" +"The Central Council of Local Government was set up in 1954. It was" +"constituted under Article 263 of the Constitution of India by an order of" +"the President of India. Originally, it was known as the Central Council" +"of Local Self-Government. However, the term ‘selfgovernment’ was" +"found to be superfluous and hence was replaced by the term" +"‘government’ in the 1980s. Till 1958, it dealt with both urban as well as" +"rural local governments, but after 1958 it has been dealing with" +"matters of urban local government only." +"The Council is an advisory body. It consists of the Minister for" +"Urban Development in the Government of India and the ministers for" +"local self government in states. The Union minister acts as the" +"Chairman of the Council." +"The Council performs the following functions with regard to local" +"government:" +"(i) Considering and recommending the policy matters" +"(ii) Making proposals for legislation" +"(iii) Examining the possibility of cooperation between the Centre and" +"the states" +"(iv) Drawing up a common programme of action" +"(v) Recommending Central financial assistance" +"(vi) Reviewing the work done by the local bodies with the Central" +"financial assistance" +"" +"Table 39.3 Articles Related to Municipalities at a Glance" +"Article No. Subject-matter" +"243P Definitions" +"243Q Constitution of municipalities" +"243R Composition of municipalities" +"243S Constitution and composition of wards committees," +"and so on" +"243T Reservation of seats" +"243U Duration of municipalities, and so on" +"243V Disqualifications for membership" +"243W Powers, authority and responsibilities of" +" municipalities, and so on" +"243X Powers to impose taxes by, and funds of, the" +"municipalities" +"243Y Finance commission" +"243Z Audit of accounts of municipalities" +"243ZA Elections to the municipalities" +"243ZB Application to union territories" +"243ZC Part not to apply to certain areas" +"243ZD Committee for district planning" +"243ZE Committee for metropolitan planning" +"243ZF Continuance of existing laws and municipalities" +"243ZG Bar to interference by courts in electoral matters" +"" +"" +"Table 39.4 Name of Urban Local Bodies in the States (2019)8" +"Sl. No. State Urban Local Bodies" +"1. Andhra Pradesh 1. Municipal Corporations" +"2. Municipalities" +"3. Nagar Panchayats" +"2. Arunachal Pradesh (ULBs do not exist)" +"3. Assam 1. Municipal Corporations" +"2. Municipalities" +"3. Town Panchayats" +"4. Bihar 1. Municipal Corporations" +"2. Municipal Councils" +"3. Nagar Panchayats" +"5. Chattisgarh 1. Municipal Corporations" +"2. Municipalities" +"3. Town Panchayats" +"6. Goa 1. Municipal Corporations" +"2. Municipal Councils" +"7. Gujarat 1. Municipal Corporations" +"2. Municipalities" +"3. Notified Area Councils" +" 8. Haryana 1. Municipal Corporations" +"2. Municipal Councils" +"3. Municipal Committees" +"9. Himachal Pradesh 1. Municipal Corporations" +"2. Municipal Councils" +"3. Nagar Panchayats" +"10. Jharkhand 1. Municipal Corporations" +"2. Municipalities / Municipal" +"Councils" +"3. Town Panchayats / Notified" +"Area Councils" +"11. Karnataka 1. Municipal / City Corporations" +"2. Municipal / City Councils" +"3. Town Panchayats" +"12. Kerala 1. Municipal Corporations" +"2. Municipalities" +"13. Madhya Pradesh 1. Municipal Corporations" +"2. Municipalities" +"3. Nagar Panchayats" +"14. Maharashtra 1. Municipal Corporations" +"2. Municipal Councils" +"3. Nagar Panchayats" +"15. Manipur 1. Municipal Councils" +"2. Nagar Panchayats" +"16. Meghalaya 1. Municipalities" +"17. Mizoram 1. Municipalities" +"18. Nagaland 1. Municipal Councils" +"2. Town Councils" +"19. Odisha 1. Municipal Corporations" +"2. Municipalities" +"3. Notified Area Councils" +"20. Punjab 1. Municipal Corporations" +"2. Municipalities" +"3. Nagar Panchayats" +"21. Rajasthan 1. Municipal Corporations" +"2. Municipal Councils" +" 3. Municipal Boards" +"22. Sikkim 1. Municipal Corporations" +"2. Municipal Councils" +"3. Nagar Panchayats" +"23. Tamil Nadu 1. Municipal Corporations" +"2. Municipalities" +"3. Town Panchayats" +"24. Telangana 1. Municipal Corporations" +"2. Municipalities" +"3. Nagar Panchayats" +"25. Tripura 1. Municipal Councils" +"2. Nagar Panchayats" +"26. Uttar Pradesh 1. Nagar Nigam" +"2. Nagar Palika Parishads" +"3. Nagar Panchayats" +"27. Uttarakhand 1. Nagar Nigam" +"2. Nagar Palika Parishads" +"3. Nagar Panchayats" +"28. West Bengal 1. Municipal Corporations" +"2. Municipalities" +"3. Notified Area Authorities" +"" +"" +"NOTES AND REFERENCES" +"1. ‘Local Government’ is a subject mentioned in the State List" +"under the 7th Schedule of the Constitution." +"2. The bill was passed in both the Lok Sabha and the Rajya" +"Sabha in December 1992. After that, the bill was approved" +"by the required number of state legislatures. It was" +"assented by the president in April 1993." +"3. A transitional area means an area which is in transition from" +"a rural area to an urban area." +"4. At present (2019), ten states of India have scheduled areas." +"These are: Andhra Pradesh, Telangana, Jharkhand," +"Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh," +"Maharashtra, Orissa and Rajasthan. Presently (2019), there" +"are a total of ten tribal areas (autonomous districts) in the" +" four states of Assam (3), Meghalaya (3), Tripura (1) and" +"Mizoram (3)." +"5. Metropolitan area means an area having a population of 10" +"lakh or more, in one or more districts and consisting of two" +"or more municipalities or panchayats or other contiguous" +"areas." +"6. The Rural-Urban Relationship Committee (1963–66)" +"headed by A.P. Jain recommended that small town area" +"committees should be merged with the panchayati raj" +"institutions to avoid multiplicity in the pattern of local bodies." +"7. A cantonment area is a delimited area where the military" +"forces and troops are permanently stationed." +"8. Report of the Thirteenth Finance Commission (2010–2015)," +"Volume II, December 2009, P. 424–426." +" PART-VI" +"UNION TERRITORIES AND SPECIAL AREAS" +"" +"40. Union Territories" +"41. Scheduled and Tribal" +" 40 Union Territories" +"" +"" +"" +"" +"U" +"nder Article 1 of the Constitution, the territory of India" +"comprises three categories of territories: (a) territories of" +"the states; (b) union territories; and (c) territories that may" +"be acquired by the Government of India at any time. At present," +"there are twenty-nine states, seven union territories and no" +"acquired territories." +"The states are the members of the federal system in India and" +"share a distribution of power with the Centre. The union territories," +"on the other hand, are those areas which are under the direct" +"control and administration of the Central government. Hence, they" +"are also known as ‘centrally administered territories’. ‘In this way," +"existence of these territories constitutes a conspicuous departure" +"from federalism in India; the Government of India is plainly unitary" +"in so far as the relationship between New Delhi and these Central" +"enclaves is concerned’1 ." +" CREATION OF UNION TERRITORIES" +"" +"During the British Rule, certain areas were constituted as" +"‘scheduled districts’ in 1874. Later, they came to be known as" +"‘chief commissioners provinces’. After independence, they were" +"placed in the category of Part ‘C’ States and Part ‘D’ Territories2." +"In 1956, they were constituted as the ‘union territories’ by the 7th" +"Constitutional Amendment Act (1956) and the States" +"Reorganisation Act (1956). Gradually, some of these union" +"territories have been elevated to statehood. Thus, Himachal" +"Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa," +"which are states today were formerly union territories. On the" +"other hand, the territories that were acquired from the Portuguese" +"(Goa, Daman and Diu, and Dadra and Nagar Haveli) and the" +"French (Puducherry) were constituted as the union territories." +"At present, there are nine Union Territories. They are (along" +"with the year of creation): (1) Andaman and Nicobar Islands–" +"1956, (2) Delhi–1956, (3) Lakshadweep–1956, (4) Dadra and" +"Nagar Haveli–1961, (5) Daman and Diu–1962, (6) Puducherry–" +"1962, (7) Chandigarh–1966, (8) Jammu and Kashmir–2019 and" +"(9) Ladakh–2019. Till 1973, Lakshadweep was known by the" +"name of Laccadive, Minicoy and Amindivi Islands. In 1992, Delhi" +"was redesignated as the National Capital Territory of Delhi. Till" +"2006, Puducherry was known as Pondicherry." +"The union territories have been created for a variety of reasons." +"These are mentioned below3 :" +"1. Political and administrative consider-ation–Delhi and" +"Chandigarh." +"2. Cultural distinctiveness–Puducherry, Dadra and Nagar" +"Haveli, and Daman and Diu." +"3. Strategic importance–Andaman and Nicobar Islands and" +"Lakshadweep." +"4. Special treatment and care of the backward and tribal" +"people–Mizoram, Manipur, Tripura and Arunachal Pradesh" +"which later became states." +"In 2019, the erstwhile state of Jammu and Kashmir was" +"bifurcated into two separate union territories, namely, the Union" +" territory of Jammu and Kashmir, and the Union territory of Ladakh." +"While introducing the Jammu and Kashmir Reorganisation Bill," +"2019, in the Parliament, the central government gave the following" +"reasons for the creation of these two new union territories:" +"1. The Ladakh division of the state of Jammu and Kashmir has" +"a large area but is sparsely populated with a very difficult" +"terrain. There has been a long pending demand of people of" +"Ladakh, to give it the status of a Union territory to enable" +"them to realize their aspirations. The Union territory of" +"Ladakh will be without a legislature." +"2. Further, keeping in view the prevailing internal security" +"situation, fuelled by cross border terrorism in the existing" +"state of Jammu and Kashmir, a separate Union territory for" +"Jammu and Kashmir is being created. The Union territory of" +"Jammu and Kashmir will be with a legislature." +" ADMINISTRATION OF UNION TERRITORIES" +"" +"Articles 239 to 241 in Part VIII of the Constitution deal with the" +"union territories. Even though all the union territories belong to" +"one category, there is no uniformity in their administrative system." +"Every union territory is administered by the President acting" +"through an administrator appointed by him. An administrator of a" +"union territory is an agent of the President and not head of state" +"like a governor. The President can specify the designation of an" +"administrator; it may be Lieutenant Governor or Chief" +"Commissioner or Administrator. At present, it is Lieutenant" +"Governor in the case of Delhi, Puducherry, Andaman and Nicobar" +"Islands, Jammu and Kashmir and Ladakh and Administrator in the" +"case of Chandigarh, Dadra and Nagar Haveli, Daman and Diu" +"and Lakshadweep. The President can also appoint the governor" +"of a state as the administrator of an adjoining union territory. In" +"that capacity, the governor is to act independently of his council of" +"ministers." +"The Union Territories of Puducherry (in 1963), Delhi (in 1992)" +"and Jammu and Kashmir (in 2019) are provided with a legislative" +"assembly4 and a council of ministers headed by a chief minister." +"The remaining six union territories do not have such popular" +"political institutions. But, the establishment of such institutions in" +"the union territories does not diminish the supreme control of the" +"president and Parliament over them." +"The Parliament can make laws on any subject of the three lists" +"(including the State List) for the union territories. This power of" +"Parliament also extends to Puducherry, Delhi and Jammu and" +"Kashmir, which have their own local legislatures. This means that," +"the legislative power of Parliament for the union territories on" +"subjects of the State List remain unaffected even after" +"establishing a local legislature for them. But, the legislative" +"assembly of Puducherry can also make laws on any subject of the" +"State List and the Concurrent List. Similarly, the legislative" +"assembly of Delhi can make laws on any subject of the State List" +"(except public order, police and land) and the Concurrent List." +"Likewise, the legislative assembly of Jammu and Kashmir can" +" make laws on any subject of the State List (except public order" +"and police) and the Concurrent List." +"The President can make regulations for the peace, progress" +"and good government of the Andaman and Nicobar Islands," +"Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and" +"Ladakh. In the case of Puducherry also, the President can" +"legislate by making regulations but only when the assembly is" +"suspended or dissolved. A regulation made by the President has" +"the same force and effect as an act of Parliament and can also" +"repeal or amend any act of Parliament in relation to these union" +"territories." +"The Parliament can establish a high court for a union territory" +"or put it under the jurisdiction of the high court of adjacent state." +"Delhi is the only union territory that has a high court of its own" +"(since 1966). The Bombay High Court has got jurisdiction over" +"two union territo-ries–Dadra and Nagar Haveli, and Daman and" +"Diu. Andaman and Nocobar Islands, Chandigarh, Lakshadweep" +"and Puducherry are placed under the Calcutta, Punjab and" +"Haryana, Kerala, and Madras High Courts respectively. The" +"Jammu and Kashmir High Court is the common high court for the" +"two union territories of Jammu and Kashmir, and Ladakh." +"The Constitution does not contain any separate provisions for" +"the administration of acquired territories. But, the constitutional" +"provisions for the administration of union territories also apply to" +"the acquired territories." +" SPECIAL PROVISIONS FOR DELHI" +"" +"The 69th Constitutional Amendment Act of 19915 provided a" +"special status to the Union Territory of Delhi, and redesignated it" +"the National Capital Territory of Delhi and designated the" +"administrator of Delhi as the lieutenant (lt.) governor. It created a" +"legislative assembly and a council of ministers for Delhi." +"Previously, Delhi had a metropolitan council and an executive" +"council." +"The strength of the assembly is fixed at 70 members, directly" +"elected by the people. The elections are conducted by the election" +"commission of India. The assembly can make laws on all the" +"matters of the State List and the Concurrent List except the three" +"matters of the State List, that is, public order, police and land. But," +"the laws of Parliament prevail over those made by the Assembly." +"The strength of the council of ministers is fixed at ten per cent" +"of the total strength of the assembly, that is, seven–one chief" +"minister and six other ministers. The chief minister is appointed by" +"the President (not by the lt. governor). The other ministers are" +"appointed by the president on the advice of the chief minister. The" +"ministers hold office during the pleasure of the president. The" +"council of ministers is collectively responsible to the assembly." +"The council of ministers headed by the chief minister aid and" +"advise the lt. governor in the exercise of his functions except in so" +"far as he is required to act in his discretion. In the case of" +"difference of opinion between the lt. governor and his ministers," +"the lt. governor is to refer the matter to the president for decision" +"and act accordingly." +"When a situation arises in which the administration of the" +"territory cannot be carried on in accordance with the above" +"provisions, the president can suspend their (above provisions)" +"operation and make the necessary incidental or consequential" +"provisions for administering the territory. In brief, in case of failure" +"of constitutional machinery, the president can impose his rule in" +"the territory. This can be done on the report of the lt. governor or" +"otherwise. This provision resembles Article 356 which deals with" +"the imposition of President’s Rule in the states." +" The lt. governor is empowered to promulgate ordinances during" +"recess of the assembly. An ordinance has the same force as an" +"act of the assembly. Every such ordinance must be approved by" +"the assembly within six weeks from its reassembly. He can also" +"withdraw an ordinance at any time. But, he cannot promulgate an" +"ordinance when the assembly is dissolved or suspended. Further," +"no such ordinance can be promulgated or withdrawn without the" +"prior permission of the President." +" ADVISORY COMMITTEES OF UNION TERRITORIES" +"" +"Under the Government of India (Allocation of Business) Rules" +"1961, Ministry of Home Affairs is the nodal ministry for all matters" +"of Union Territories relating to legislation, finance and budget," +"services and appointment of Lt. Governors and Administrators." +"All the six UTs without legislature (Andaman and Nicobar" +"Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli," +"Lakshadweep and Ladakh) have the forum of Home Minister’s" +"Advisory Committee (HMAC)/Administrator’s Advisory Committee" +"(AAC). While HMAC is chaired by the Union Home Minister, AAC" +"is chaired by the Administrator of the concerned UTs. The" +"Member of Parliament and elected members from the local bodies" +"e.g. District Panchayats and Municipal Council of the respective" +"UTs are members of these committees among others. The" +"Committee discusses the general issues relating to social and" +"economic development of the UTs.6" +"" +"Table 40.1 Administrative System of Union Territories at a Glance" +"Union Executive Legislature Judiciary" +"Territories" +"1. Andaman and Lt. Governor – Under Calcutta" +"Nicobar High Court" +"Islands" +"2. Chandigarh Administrator – Under Punjab and" +"Haryana High" +"Court" +"3. Dadra and Administrator – Under Bombay" +"Nagar Haveli High Court" +"4. Daman and Administrator – Under Bombay" +"Diu High Court" +"5. Delhi (a) Lt. Legislative Separate High" +"Governor Assembly Court" +"(b) Chief" +"minister" +" (c) Council of" +"ministers" +"6. Lakshadweep Administrator – Under Kerala" +"High Court" +"7. Puducherry (a) Lt. Legislative Under Madras" +"Governor Assembly High Court" +"(b) Chief" +"minister" +"(c) Council of" +"ministers" +"8. Jammu and (a) Lt. Legislative Under Jammu" +"Kashmir Governor Assembly and Kashmir High" +"(b) Chief Court" +"Minister" +"(c) Council of" +"Ministers" +"9. Ladakh Lt. Governor – Under Jammu" +"and Kashmir High" +"Court" +"Note: The Governor of Punjab is concurrently the Administrator of" +"Chandigarh. The Administrator of Dadra and Nagar Haveli is" +"concurrently the Administrator of Daman and Diu. Lakshadweep" +"has a separate Administrator7 ." +"" +"Table 40.2 Comparing States and Union Territories" +"States Union Territories" +"1. Their relationship with 1. Their relationship with" +"Centre is federal. Centre is unitary." +"2. They share a distribution of 2. They are under the direct" +"power with the Centre. control and administration of" +"the Centre." +"3. They have autonomy. 3. They do not have any" +"autonomy." +"4. There is uniformity in their 4. There is no uniformity in" +" administrative set-up. their administrative set-up." +"5. Their executive head is 5. Their executive head is" +"known as governor. known by various designa-" +"tions–administrator or" +"lieutenant governor or chief" +"commissioner." +"6. A governor is a 6. An administrator is an agent" +"constitutional head of the of the president." +"state." +"7. Parliament cannot make 7. Parliament can make laws" +"laws on the subjects of the on any subject of the three" +"state list in relation to the lists the state list in relation" +"states except under to the states except under in" +"extraordinary circumstances. relation to the union" +"territories." +"" +"Table 40.3 Articles Related to Union Territories at a Glance" +"Article No. Subject-matter" +"239. Administration of Union territories" +"239A. Creation of local Legislatures or Council of" +"Ministers or both for certain Union territories" +"239AA. Special provisions with respect to Delhi" +"239AB. Provision in case of failure of constitutional" +"machinery" +"239B. Power of administrator to promulgate" +"Ordinances during recess of Legislature" +"240. Power of President to make regulations for" +"certain Union territories" +"241. High Courts for Union territories" +"242. Coorg (Repealed)" +"" +"" +"NOTES AND REFERENCES" +" 1. S.R. Maheshwari, State Governments in India," +"Macmillan, 2000 Edition, p. 131." +"2. In 1950, the constitution contained a four-fold" +"classification of the states and territories of the Indian" +"Union - Part A, Part B and Part C states and Part D" +"territories." +"3. J.C. Johari : Indian Government and Politics, Vishal," +"volume II, 13th Edition, 2001, p. 499." +"4. The Assembly of Puducherry consists of 30 members" +"while that of Delhi 70 members and that of Jammu and" +"Kashmir 83 members." +"5. With effect from 1 February 1992." +"6. Annual Report 2018–19, Ministry of Home Affairs," +"Government of India, p. 70." +"7. India 2019: A Reference Annual, Publications Division," +"Government of India, p. 47." +" 41 Scheduled and Tribal Areas" +"" +"" +"" +"" +"A" +"rticle 244 in Part X of the Constitution envisages a special" +"system of administration for certain areas designated as" +"‘scheduled areas’ and ‘tribal areas’. The Fifth Schedule of" +"the Constitution deals with the administration and control of" +"scheduled areas and scheduled tribes in any state except the four" +"states of Assam, Meghalaya, Tripura and Mizoram1. The Sixth" +"Schedule of the Constitution, on the other hand, deals with the" +"administration of the tribal areas in the four northeastern states of" +"Assam, Meghalaya, Tripura and Mizoram." +" ADMINISTRATION OF SCHEDULED AREAS" +"" +"‘The scheduled areas are treated differently from the other areas" +"in the country because they are inhabited by ‘aboriginals’ who are" +"socially and economically rather backward, and special efforts" +"need to be made to improve their condition. Therefore, the whole" +"of the normal administrative machinery operating in a state is not" +"extended to the scheduled areas and the Central government has" +"somewhat greater responsibility for these areas’2 ." +"The various features of administration contained in the Fifth" +"Schedule are as follows:" +"1. Declaration of Scheduled Areas: The president is" +"empowered to declare an area to be a scheduled area. He" +"can also increase or decrease its area, alter its boundary" +"lines, rescind such designation or make fresh orders for" +"such redesignation on an area in consultation with the" +"governor of the state concerned." +"2. Executive Power of State and Centre: The executive" +"power of a state extends to the scheduled areas therein. But" +"the governor has a special responsibility regarding such" +"areas. He has to submit a report to the president regarding" +"the administration of such areas, annually or whenever so" +"required by the president. The executive power of the Centre" +"extends to giving directions to the states regarding the" +"administration of such areas." +"3. Tribes Advisory Council: Each state having scheduled" +"areas has to establish a tribes advisory council to advise on" +"welfare and advancement of the scheduled tribes. It is to" +"consist of 20 members, three-fourths of whom are to be the" +"representatives of the scheduled tribes in the state" +"legislative assembly. A similar council can also be" +"established in a state having scheduled tribes but not" +"scheduled areas therein, if the president so directs." +"4. Law applicable to Scheduled Areas: The governor is" +"empowered to direct that any particular act of Parliament or" +"the state legislature does not apply to a scheduled area or" +"apply with specified modifications and exceptions. He can" +" also 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 or among members of the scheduled tribes," +"regulate the allotment of land to members of the scheduled" +"tribes and regulate the business of money-lending in relation" +"to the scheduled tribes. Also, a regulation may repeal or" +"amend any act of Parliament or the state legislature, which" +"is applicable to a scheduled area. But, all such regulations" +"require the assent of the president." +"The Constitution requires the president to appoint a" +"commission to report on the administration of the scheduled areas" +"and the welfare of the scheduled tribes in the states. He can" +"appoint such a commission at any time but compulsorily after ten" +"years of the commencement of the Constitution. Hence, a" +"commission was appointed in 1960. It was headed by U.N." +"Dhebar and submitted its report in 1961. After four decades, the" +"second commission was appointed in 2002 under the" +"chairmanship of Dilip Singh Bhuria. It submitted its report in 2004." +" ADMINISTRATION OF TRIBAL AREAS" +"" +"The Constitution, under Sixth Schedule, contains special" +"provisions for the administration of tribal areas in the four north-" +"eastern states of Assam, Meghalaya, Tripura and Mizoram. The" +"rationality behind the special arrangements in respect of only" +"these four states lies in the following:" +"“The tribes in Assam, Meghalaya, Tripura and Mizoram have" +"not assimilated much the life and ways of the other people in" +"these states. These areas have hitherto been anthropological" +"specimens. The tribal people in other parts of India have more" +"or less adopted the culture of the majority of the people in" +"whose midst they live. The tribes in Assam, Meghalaya, Tripura" +"and Mizoram, on the other hand, still have their roots in their" +"own culture, customs and civilization. These areas are," +"therefore, treated differently by the Constitution and sizeable" +"amount of autonomy has been given to these people for self-" +"government.3 ”" +"The various features of administration contained in the Sixth" +"Schedule are as follows:" +"1. The tribal areas in the four states of Assam, Meghalaya," +"Tripura and Mizoram have been constituted as autonomous" +"districts4. But, they do not fall outside the executive authority" +"of the state concerned." +"2. The governor is empowered to organise and re-organise the" +"autonomous districts. Thus, he can increase or decrease" +"their areas or change their names or define their boundaries" +"and so on." +"3. If there are different tribes in an autonomous district, the" +"governor can divide the district into several autonomous" +"regions." +"4. Each autonomous district has a district council consisting of" +"30 members, of whom four are nominated by the governor" +"and the remaining 26 are elected on the basis of adult" +"franchise. The elected members hold office for a term of five" +"years (unless the council is dissolved earlier) and nominated" +"members hold office during the pleasure of the governor." +" Each autonomous region also has a separate regional" +"council." +"5. The district and regional councils administer the areas under" +"their jurisdiction. They can make laws on certain specified" +"matters like land, forests, canal water, shifting cultivation," +"village administration, inheritance of property, marriage and" +"divorce, social customs and so on. But all such laws require" +"the assent of the governor." +"6. The district and regional councils within their territorial" +"jurisdictions can constitute village councils or courts for trial" +"of suits and cases between the tribes. They hear appeals" +"from them. The jurisdiction of high court over these suits and" +"cases is specified by the governor." +"7. The district council can establish, construct or manage" +"primary schools, dispensaries, markets, ferries, fisheries," +"roads and so on in the district. It can also make regulations" +"for the control of money lending and trading by nontribals." +"But, such regulations require the assent of the governor." +"8. The district and regional councils are empowered to assess" +"and collect land revenue and to impose certain specified" +"taxes." +"9. The acts of Parliament or the state legislature do not apply" +"to autonomous districts and autonomous regions or apply" +"with specified modifications and exceptions5 ." +"10. The governor can appoint a commission to examine and" +"report on any matter relating to the administration of the" +"autonomous districts or regions. He may dissolve a district" +"or regional council on the recommendation of the" +"commission." +"" +"Table 41.1 Tribal Areas at a Glance (2019)" +"States Tribal Areas" +"1. Assam 1. The North Cachar Hills District." +"2. The Karbi Anglong District." +"3. The Bodoland Territorial Areas" +"District." +" 2. Meghalaya 1. Khasi Hills District." +"2. Jaintia Hills District." +"3. The Garo Hills District." +"3. Tripura Tripura Tribal Areas District." +"4. Mizoram 1. The Chakma District." +"2. The Mara District." +"3. The Lai District." +"" +"Table 41.2 Articles Related to Scheduled and Tribal Areas at a" +"Glance" +"Article No. Subject-matter" +"244. Administration of Scheduled Areas and Tribal" +"Areas" +"244A. Formation of an autonomous state comprising" +"certain tribal areas in Assam and creation of local" +"legislature or Council of Ministers or both therefore" +"339. Control of the Union over the administration of" +"Scheduled Areas and the welfare of Scheduled" +"Tribes" +"" +"Table 41.3 Parliamentary Laws Related to the Fifth and Sixth" +"Schedules of the Constitution" +"Sl. Acts Provisions" +"No." +"1. Lushai Hills District Renamed the Lushai Hills District" +"(Change of Name) as the Mizo District. The Lushai" +"Act, 1954 Hills District was one of the six" +"autonomous districts in the tribal" +"areas of Assam specified in the" +"Sixth Schedule of the Constitution." +"2. Government of Amended the Sixth Schedule of the" +"Union Territories constitution to include certain" +"provisions with respect to the" +" (Amendment) Act, autonomous districts and" +"1971 autonomous regions of the Union" +"Territory of Mizoram." +"3. Repealing and Repealed certain enactments and" +"Amending Act, 1974 amended certain other enactments." +"It also substituted the words “cattle" +"pounds” for “cattle ponds” in the" +"Sixth Schedule of the Constitution." +"4. Fifth Schedule to the Empowered the President of India:" +"Constitution (i) to increase the area of any" +"(Amendment) Act, Scheduled Area in a State after" +"1976 consultation with the Governor of" +"that state; and (ii) to rescind any" +"order made for the designation of" +"an area in any state to be a" +"Scheduled Area, or in consultation" +"with the Governor of the State" +"concerned, make fresh order" +"redefining the area which is to be a" +"Scheduled Area." +"5. Sixth Schedule to Included certain modifications in the" +"the Constitution Sixth Schedule of the Constitution" +"(Amendment) Act, in its application to the States of" +"1988 Tripura and Mizoram. These (i)" +"provided that the Governors shall" +"act in their discretion in the" +"discharge of some of their" +"functions; (ii) made provisions" +"relating to the application of Acts of" +"Parliament and the State" +"Legislatures to autonomous" +"districts and autonomous regions;" +"and (iii) provided for a time-limit in" +"making over the share of royalties" +"to the District Councils." +"6. Sixth Schedule to Included certain modifications in the" +"the Constitution Sixth Schedule of the Constitution" +" (Amendment) Act, in its application to the State of" +"1995 Assam. These (i) provided that the" +"District Council constituted for the" +"North Cachar Hills District shall be" +"called as the North Cachar Hills" +"Autonomous Council and the" +"District Council constituted for the" +"Karbi-Anglong District shall be" +"called as the Karbi-Anglong" +"Autonomous Council; (ii) made" +"provisions for the additional powers" +"of the North Cachar Hills" +"Autonomous Council and the Karbi-" +"Anglong Autonomous Council to" +"make laws; and (iii) made it" +"mandatory for the Governor to" +"consult the North Cachar Hills" +"Autonomous Council or the Karbi-" +"Anglong Autonomous Council, as" +"the case may be, in the exercise of" +"his discretionary powers." +"7. Sixth Schedule to Included certain modifications in the" +"the Constitution Sixth Schedule of the Constitution" +"(Amendment) Act, in its application to the State of" +"2003 Assam. This was done to meet the" +"aspirations of the Bodos in Assam" +"and in pursuance of the" +"Memorandum of Settlement signed" +"between the Central Government," +"the Government of Assam and" +"Bodo Liberation Tigers (BLT) on" +"10–02-2003 for a durable solution" +"to the Bodo issues. In this context," +"the Act made the following" +"provisions : (i) specified the" +"Bodoland Territorial Areas District in" +"the list of the tribal areas of the" +"State of Assam; (ii) created an" +" autonomous selfgoverning body" +"known as the Bodoland Territorial" +"Council (BTC) within the state of" +"Assam; (iii) vested the council with" +"legislative, administrative and" +"financial powers in respect of" +"specified subjects; and (iv) provided" +"for adequate safeguards for the" +"non-tribals in the BTC area." +"" +"" +"NOTES AND REFERENCES" +"1. At present (2019), ten states of India have scheduled" +"areas. These are: Andhra Pradesh, Telangana," +"Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh," +"Madhya Pradesh, Maharashtra, Odisha and Rajasthan." +"2. M.P. Jain, Indian Constitutional Law, Wadhwa, Fourth" +"Edition, 1987, p. 236." +"3. Ibid, p. 237." +"4. Presently (2019), there are a total of ten tribal areas." +"See Table 41.1." +"5. The power of direction, in this regard, lies either with the" +"president or governor. Thus, in the case of Assam, it lies" +"with the Governor, both in respect of acts of Parliament" +"or state legislature. In the case of Meghalaya, Tripura" +"and Mizoram, it lies with the president in respect of acts" +"of Parliament and governor in respect of acts of state" +"legislature." +" PART-VII" +"CONSTITUTIONAL BODIES" +"" +"42. Election Commission" +"43. Union Public Service Commission" +"44. State Public Service Commission" +"45. Finance Commission" +"46. Goods and Services Tax Council" +"47. National Commission for SCs" +"48. National Commission for STs" +"49. National Commission for BCs" +"50. Special Officer for Linguistic Minorities" +"51. Comptroller and Auditor General of India" +"52. Attorney General of India" +"53. Advocate General of the State" +" 42 Election Commission" +"" +"" +"" +"" +"T" +"he Election Commission is a permanent and an" +"independent body established by the Constitution of India" +"directly to ensure free and fair elections in the country." +"Article 324 of the Constitution provides that the power of" +"superintendence, direction and control of elections to parliament," +"state legislatures, the office of president of India and the office of" +"vice-president of India shall be vested in the election commission." +"Thus, the Election Commission is an all-India body in the sense" +"that it is common to both the Central government and the state" +"governments." +"It must be noted here that the election commission is not" +"concerned with the elections to panchayats and municipalities in" +"the states. For this, the Constitution of India provides for a" +"separate State Election Commission1 ." +" COMPOSITION" +"" +"Article 324 of the Constitution has made the following provisions" +"with regard to the composition of election commission:" +"1. The Election Commission shall consist of the chief election" +"commissioner and such number of other election" +"commissioners, if any, as the president may from time to" +"time fix." +"2. The appointment of the chief election commissioner and" +"other election commissioners shall be made by the" +"president." +"3. When any other election commissioner is so appointed, the" +"chief election commissioner shall act as the chairman of the" +"election commission." +"4. The president may also appoint after consultation with the" +"election commission such regional commissioners as he" +"may consider necessary to assist the election commission." +"5. The conditions of service and tenure of office of the election" +"commissioners and the regional commissioners shall be" +"determined by the president." +"Since its inception in 1950 and till 15 October 1989, the election" +"commission functioned as a single member body consisting of the" +"Chief Election Commissioner. On 16 October 1989, the president" +"appointed two more election commissioners to cope with the" +"increased work of the election commission on account of lowering" +"of the voting age from 21 to 18 years.2 Thereafter, the Election" +"Commission functioned as a multimember body consisting of" +"three election commissioners. However, the two posts of election" +"commissioners were abolished in January 1990 and the Election" +"Commission was reverted to the earlier position. Again in October" +"1993, the president appointed two more election commissioners." +"Since then and till today, the Election Commission has been" +"functioning as a multi-member body consisting of three election" +"commissioners." +"The chief election commissioner and the two other election" +"commissioners have equal powers and receive equal salary," +"allowances and other perquisites, which are similar to those of a" +" judge of the Supreme Court.3 In case of difference of opinion" +"amongst the Chief Election Commissioner and/or two other" +"election commissioners, the matter is decided by the Commission" +"by majority." +"They hold office for a term of six years or until they attain the" +"age of 65 years, whichever is earlier. They can resign at any time" +"or can also be removed before the expiry of their term." +" INDEPENDENCE" +"" +"Article 324 of the Constitution has made the following provisions" +"to safeguard and ensure the independent and impartial" +"functioning of the Election Commission:" +"1. The chief election commissioner is provided with the security" +"of tenure. He cannot be removed from his office except in" +"same manner and on the same grounds as a judge of the" +"Supreme Court. In other words, he can be removed by the" +"president on the basis of a resolution passed to that effect" +"by both the Houses of Parliament with special majority," +"either on the ground of proved misbehaviour or incapacity." +"Thus, he does not hold his office till the pleasure of the" +"president, though he is appointed by him." +"2. The service conditions of the chief election commissioner" +"cannot be varied to his disadvantage after his appointment." +"3. Any other election commissioner or a regional commissioner" +"cannot be removed from office except on the" +"recommendation of the chief election commissioner." +"Though the constitution has sought to safeguard and ensure" +"the independence and impartiality of the Election Commission," +"some flaws can be noted, viz.," +"1. The Constitution has not prescribed the qualifications (legal," +"educational, administrative or judicial) of the members of the" +"Election Commission." +"2. The Constitution has not specified the term of the members" +"of the Election Commission." +"3. The Constitution has not debarred the retiring election" +"commissioners from any further appointment by the" +"government." +" POWERS AND FUNCTIONS" +"" +"The powers and functions of the Election Commission with regard" +"to elections to the Parliament, state legislatures and offices of" +"President and Vice-President can be classified into three" +"categories, viz," +"1. Administrative" +"2. Advisory" +"3. Quasi-Judicial" +"In detail, these powers and functions are:" +"1. To determine the territorial areas of the electoral" +"constituencies throughout the country on the basis of the" +"Delimitation Commission Act of Parliament.4" +"2. To prepare and periodically revise electoral rolls and to" +"register all eligible voters." +"3. To notify the dates and schedules of elections and to" +"scrutinise nomination papers." +"4. To grant recognition to political parties and allot election" +"symbols to them." +"5. To act as a court for settling disputes related to granting of" +"recognition to political parties and allotment of election" +"symbols to them." +"6. To appoint officers for inquiring into disputes relating to" +"electoral arrangements." +"7. To determine the code of conduct to be observed by the" +"parties and the candidates at the time of elections." +"8. To prepare a roster for publicity of the policies of the political" +"parties on radio and TV in times of elections." +"9. To advise the president on matters relating to the" +"disqualifications of the members of Parliament." +"10. To advise the governor on matters relating to the" +"disqualifications of the members of state legislature." +"11. To cancel polls in the event of rigging, booth capturing," +"violence and other irregularities." +"12. To request the president or the governor for requisitioning" +"the staff necessary for conducting elections." +" 13. To supervise the machinery of elections throughout the" +"country to ensure free and fair elections." +"14. To advise the president whether elections can be held in a" +"state under president’s rule in order to extend the period of" +"emergency after one year." +"15. To register political parties for the purpose of elections and" +"grant them the status of national or state parties on the basis" +"of their poll performance5 ." +"The Election Commission is assisted by deputy election" +"commissioners. They are drawn from the civil service and" +"appointed by the commission with tenure system. They are" +"assisted, in turn, by the secretaries, joint secretaries, deputy" +"secretaries and under secretaries posted in the secretariat of the" +"commission." +"At the state level, the Election Commission is assisted by the" +"chief electoral officer who is appointed by the chief election" +"commissioner in consultation with the state government. Below" +"this, at the district level, the collector acts as the district returning" +"officer. He appoints a returning officer for every constituency in the" +"district and presiding officer for every polling booth in the" +"constituency." +" VISION, MISSION AND PRINCIPLES6" +"" +"Vision" +"The Election Commission of India strives to be an Institution of" +"Excellence by enhancing active engagement, participation; and" +"deepening and strengthening electoral democracy in India and" +"globally." +"" +"Mission" +"The Election Commission of India maintains independence," +"integrity and autonomy; ensures accessibility, inclusiveness, and" +"ethical participation of stakeholders; and, adopts highest" +"standards of professionalism for delivering free, fair, and" +"transparent elections to strengthen the trust in electoral" +"democracy and governance." +"" +"Guiding Principles" +"The Commission has laid down for itself guiding principles of good" +"governance:" +"1. To uphold the values enshrined in the Constitution viz," +"equality, equity, impartiality, independence; and rule of law in" +"superintendence, direction and control over the electoral" +"governance;" +"2. To conduct elections with highest standard of credibility," +"freeness, fairness, transparency, integrity, accountability," +"autonomy and professionalism;" +"3. To ensure participation of all eligible citizens in the electoral" +"process in an inclusive voter centric and voterfriendly" +"environment;" +"4. To engage with political parties and all stakeholders in the" +"interest of electoral process;" +"5. To promote awareness about the electoral process and" +"electoral governance amongst stakeholders namely, voters," +"political parties, election functionaries, candidates and" +"people at large; and to enhance and strengthen confidence" +"and trust in the electoral system of this country;" +" 6. To develop the human resource for effective and" +"professional delivery of electoral services;" +"7. To build quality infrastructure for smooth conduct of electoral" +"process;" +"8. To adopt technology for improvement in all areas of electoral" +"process;" +"9. To strive for adoption of innovative practices for achieving" +"excellence and overall realization of the vision and mission;" +"10. To contribute towards the reinforcement of democratic" +"values by maintaining and reinforcing confidence and trust of" +"the people in the electoral system of the country." +"" +"" +"NOTES AND REFERENCES" +"1. Vide 73rd and 74th Constitutional Amendment Acts of" +"1992" +"2. By the 61st Constitutional Amendment Act of 1988," +"which came into force in 1989." +"3. In 2018, the salary of a judge of the Supreme Court had" +"been fixed at ₹2.50 lakh per month." +"4. The Parliament has made the Delimitation Commission" +"Acts in 1952, 1962, 1972 and 2002." +"5. For details in this regard, see Chapter 69 (Political" +"Parties)." +"6. Strategic Plan 2016–2025, Election Commission of" +"India, pp. 8–9." +" 43 Union Public Service Commission" +"" +"" +"" +"" +"T" +"he Union Public Service Commission (UPSC) is the central" +"recruiting agency in India. It is an independent constitutional" +"body in the sense that it has been directly created by the" +"Constitution. Articles 315 to 323 in Part XIV of the Constitution" +"contain elaborate provisions regarding the composition, appointment" +"and removal of members along with the independence, powers and" +"functions of the UPSC." +" COMPOSITION" +"" +"The UPSC consists of a chairman and other members appointed by" +"the president of India. The Constitution, without specifying the" +"strength of the Commission has left the matter to the discretion of" +"the president, who determines its composition. Usually, the" +"Commission consists of nine to eleven members including the" +"chairman. Further, no qualifications are prescribed for the" +"Commission’s membership except that one-half of the members of" +"the Commission should be such persons who have held office for at" +"least ten years either under the Government of India or under the" +"government of a state. The Constitution also authorises the" +"president to determine the conditions of service of the chairman and" +"other members of the Commission." +"The chairman and members of the Commission hold office for a" +"term of six years or until they attain the age of 65 years, whichever is" +"earlier. However, they can relinquish their offices at any time by" +"addressing their resignation to the president. They can also be" +"removed before the expiry of their term by the president in the" +"manner as provided in the Constitution." +"The President can appoint one of the members of the UPSC as" +"an acting chairman in the following two circumstances1 :" +"(a) When the office of the chairman falls vacant; or" +"(b) When the chairman is unable to perform his functions due to" +"absence or some other reason." +"The acting chairman functions till a person appointed as chairman" +"enters on the duties of the office or till the chairman is able to" +"resume his duties." +" REMOVAL" +"" +"The President can remove the chairman or any other member of" +"UPSC from the office under the following circumstances:" +"(a) If he is adjudged an insolvent (that is, has gone bankrupt);" +"(b) If he engages, during his term of office, in any paid employment" +"outside the duties of his office; or" +"(c) If he is, in the opinion of the president, unfit to continue in office" +"by reason of infirmity of mind or body." +"In addition to these, the president can also remove the chairman" +"or any other member of UPSC for misbehaviour. However, in this" +"case, the president has to refer the matter to the Supreme Court for" +"an enquiry. If the Supreme Court, after the enquiry, upholds the" +"cause of removal and advises so, the president can remove the" +"chairman or a member. Under the provisions of the Constitution, the" +"advise tendered by the Supreme Court in this regard is binding on" +"the president. During the course of enquiry by the Supreme Court," +"the president can suspend the chairman or the member of UPSC." +"Defining the term ‘misbehaviour’ in this context, the Constitution" +"states that the chairman or any other member of the UPSC is" +"deemed to be guilty of misbehaviour if he (a) is concerned or" +"interested in any contract or agreement made by the Government of" +"India or the government of a state, or (b) participates in any way in" +"the profit of such contract or agreement or in any benefit therefrom" +"otherwise than as a member and in common with other members of" +"an incorporated company." +" INDEPENDENCE" +"" +"The Constitution has made the following provisions to safeguard and" +"ensure the independent and impartial functioning of the UPSC:" +"(a) The chairman or a member of the UPSC can be removed from" +"office by the president only in the manner and on the grounds" +"mentioned in the Constitution. Therefore, they enjoy security of" +"tenure." +"(b) The conditions of service of the chairman or a member, though" +"determined by the president, cannot be varied to his" +"disadvantage after his appointment." +"(c) The entire expenses including the salaries, allowances and" +"pensions of the chairman and members of the UPSC are" +"charged on the Consolidated Fund of India. Thus, they are not" +"subject to vote of Parliament." +"(d) The chairman of UPSC (on ceasing to hold office) is not eligible" +"for further employment in the Government of India or a state2 ." +"(e) A member of UPSC (on ceasing to hold office) is eligible for" +"appointment as the chairman of UPSC or a State Public Service" +"Commission (SPSC), but not for any other employment in the" +"Government of India or a state3 ." +"(f) The chairman or a member of UPSC is (after having completed" +"his first term) not eligible for reappointment to that office (i.e.," +"not eligible for second term)." +" FUNCTIONS" +"" +"The UPSC performs the following functions:" +"(a) It conducts examinations for appointments to the all-India" +"services, Central services and public services of the centrally" +"administered territories." +"(b) It assists the states (if requested by two or more states to do" +"so) in framing and operating schemes of joint recruitment for" +"any services for which candidates possessing special" +"qualifications are required." +"(c) It serves all or any of the needs of a state on the request of the" +"state governor and with the approval of the president of India." +"(d) It is consulted on the following matters related to personnel" +"management:" +"(i) All matters relating to methods of recruitment to civil servic" +"and for civil posts." +"(ii) The principles to be followed in making appointments to c" +"services and posts and in making promotions and transfers fro" +"one service to another." +"(iii) The suitability of candidates for appointments to civil servic" +"and posts; for promotions and transfers from one service" +"another; and appointments by transfer or deputation. T" +"concerned departments make recommendations for promotio" +"and request the UPSC to ratify them." +"(iv) All disciplinary matters affecting a person serving under t" +"Government of India in a civil capacity including memorials" +"petitions relating to such matters. These include:" +"– Censure (Severe disapproval)" +"– Withholding of increments" +"– Withholding of promotions" +"– Recovery of pecuniary loss" +"– Reduction to lower service or rank (Demotion)" +"– Compulsory retirement" +"– Removal from service" +"– Dismissal from service4" +"(v) Any claim for reimbursement of legal expenses incurred by" +"civil servant in defending legal proceedings instituted again" +"him in respect of acts done in the execution of his offic" +"duties." +" (vi) Any claim for the award of a pension in respect of injuri" +"sustained by a person while serving under the Government" +"India and any question as to the amount of any such award." +"(vii) Matters of temporary appointments for period exceeding o" +"year and on regularisation of appointments." +"(viii) Matters related to grant of extension of service and r" +"employment of certain retired civil servants." +"(ix) Any other matter related to personnel management." +"The Supreme Court has held that if the government fails to" +"consult UPSC in the matters (mentioned above), the aggrieved" +"public servant has no remedy in a court. In other words, the court" +"held that any irregularity in consultation with the UPSC or acting" +"without consultation does not invalidate the decision of the" +"government. Thus, the provision is directory and not mandatory." +"Similarly, the court held that a selection by the UPSC does not" +"confer any right to the post upon the candidate. However, the" +"government is to act fairly and without arbitrariness or mala fides." +"The additional functions relating to the services of the Union can" +"be conferred on UPSC by the Parliament. It can also place the" +"personnel system of any authority, corporate body or public" +"institution within the jurisdiction of the UPSC. Hence the jurisdiction" +"of UPSC can be extended by an act made by the Parliament." +"The UPSC presents, annually, to the president a report on its" +"performance. The President places this report before both the" +"Houses of Parliament, along with a memorandum explaining the" +"cases where the advice of the Commission was not accepted and" +"the reasons for such non-acceptance. All such cases of non-" +"acceptance must be approved by the Appointments Committee of" +"the Union cabinet. An individual ministry or department has no power" +"to reject the advice of the UPSC." +" LIMITATIONS" +"" +"The following matters are kept outside the functional jurisdiction of" +"the UPSC. In other words, the UPSC is not consulted on the" +"following matters:" +"(a) While making reservations of appointments or posts in favour of" +"any backward class of citizens." +"(b) While taking into consideration the claims of scheduled castes" +"and scheduled tribes in making appointments to services and" +"posts." +"(c) With regard to the selections for chairmanship or membership" +"of commissions or tribunals, posts of the highest diplomatic" +"nature and a bulk of group C and group D services." +"(d) With regard to the selection for temporary or officiating" +"appointment to a post if the person appointed is not likely to" +"hold the post for more than a year." +"The president can exclude posts, services and matters from the" +"purview of the UPSC. The Constitution states that the president, in" +"respect to the all-India services and Central services and posts may" +"make regulations specifying the matters in which, it shall not be" +"necessary for UPSC to be consulted. But all such regulations made" +"by the president shall be laid before each House of Parliament for at" +"least 14 days. The Parliament can amend or repeal them." +" ROLE" +"The Constitution visualises the UPSC to be the ‘watch-dog of merit" +"system’ in India. It is concerned with the recruitment to the all-India" +"services and Central services–group A and group B and advises the" +"government, when consulted, on promotion and disciplinary matters." +"It is not concerned with the classification of services, pay and service" +"conditions, cadre management, training, and so on. These matters" +"are handled by the Department of Personnel and Training–one of the" +"three departments of the Ministry of Personnel, Public Grievances" +"and Pensions5. Therefore, UPSC is only a central recruiting agency" +"while the Department of Personnel and Training is the central" +"personnel agency in India." +"The role of UPSC is not only limited, but also recommendations" +"made by it are only of advisory nature and hence, not binding on the" +"government. It is upto the Union government to accept or reject that" +"advise. The only safeguard is the answerability of the government to" +"the Parliament for departing from the recommendation of the" +"Commission. Further, the government can also make rules which" +"regulate the scope of the advisory functions of UPSC6 ." +"The emergence of Central Vigilance Commission (CVC) in 1964" +"affected the role of UPSC in disciplinary matters. This is because" +"both are consulted by the government while taking disciplinary action" +"against a civil servant. The problem arises when the two bodies" +"tender conflicting advise. However, the UPSC, being an independent" +"constitutional body, has an edge over the CVC, which is created by" +"an executive resolution of the Government of India and conferred a" +"statutory status in October 2003." +"" +"Table 43.1 Articles Related to UPSC at a Glance" +"Article No. Subject-matter" +"315 Public Service Commissions for the Union and for" +"the states" +"316 Appointment and term of office of members" +"317 Removal and suspension of a member of a Public" +"Service Commission" +" 318 Power to make regulations as to conditions of" +"service of members and staff of the Commission" +"319 Prohibition as to the holding of office by members of" +"commission on ceasing to be such members" +"320 Functions of Public Service Commissions" +"321 Power to extend functions of Public Service" +"Commissions" +"322 Expenses of Public Service Commissions" +"323 Reports of Public Service Commissions" +"" +"" +"NOTES AND REFERENCES" +"1. Added by the 15th Amendment Act of 1963." +"2. In 1979, the Supreme Court upheld the validity of" +"appointment of A.R. Kidwai, a former Chairman of UPSC," +"as the governor of Bihar. It ruled that the office of the" +"governor is a ‘constitutional office’ and not an employment" +"under the government." +"3. When a member of UPSC is appointed as its chairman, he" +"holds the new office for six years or until the age of" +"superannuation, whichever is earlier." +"4. The difference between removal and dismissal is that the" +"former does not disqualify for future employment under the" +"government while the latter disqualifies for future" +"employment under the government." +"5. In 1985, a new full-fledged Ministry of Personnel, Public" +"Grievances and Pensions was created with three separate" +"departments. These are Department of Personnel and" +"Training, Department of Administrative Reforms and Public" +"Grievances, and Department of Pensions and Pensioners’" +"Welfare." +"6. Such Rules are known as the UPSC (Exemption From" +"Consultation) Regulations." +" 44 State Public Service Commission" +"" +"" +"" +"" +"P" +"arallel to the Union Public Service Commission (UPSC) at the" +"Centre, there is a State Public Service Commission (SPSC)" +"in a state. The same set of Articles (i.e., 315 to 323 in Part" +"XIV) of the Constitution also deal with the composition, appointment" +"and removal of members, power and functions and independence of" +"a SPSC." +" COMPOSITION" +"" +"A State Public Service Commission consists of a chairman and other" +"members appointed by the governor of the state. The Constitution" +"does not specify the strength of the Commission but has left the" +"matter to the discretion of the Governor. Further, no qualifications are" +"prescribed for the commission’s membership except that one-half of" +"the members of the commission should be such persons who have" +"held office for at least ten years either under the government of India" +"or under the Government of a state. The Constitution also authorises" +"the governor to determine the conditions of service of the chairman" +"and members of the Commission." +"The chairman and members of the Commission hold office for a" +"term of six years or until they attain the age of 62 years1 , whichever" +"is earlier (in the case of UPSC, the age limit is 65 years). However," +"they can relinquish their offices at any time by addressing their" +"resignation to the governor." +"The governor can appoint one of the members of the SPSC as an" +"acting chairman in the following two circumstances2 :" +"(a) When the office of the chairman falls vacant; or" +"(b) When the chairman is unable to perform his functions due to" +"absence or some other reason." +"The acting chairman functions till the person appointed as" +"chairman enters on the duties of the office or till the chairman is able" +"to resume his duties." +" REMOVAL" +"" +"Although the chairman and members of a SPSC are appointed by" +"the governor, they can be removed only by the president (and not by" +"the governor). The president can remove them on the same grounds" +"and in the same manner as he can remove a chairman or a member" +"of the UPSC. Thus, he can remove him under the following" +"circumstances:" +"(a) If he is adjudged an insolvent (i.e., has gone bankrupt); or" +"(b) If he engages, during his term of office, in any paid employment" +"outside the duties of his office; or" +"(c) If he is, in the opinion of the president, unfit to continue in office" +"by reason of infirmity of mind or body3 ." +"In addition to these, the president can also remove the chairman" +"or any other member of SPSC for misbehaviour. However, in this" +"case, the president has to refer the matter to the Supreme Court for" +"an enquiry. If the Supreme Court, after the enquiry, upholds the" +"cause of removal and advises so, the president can remove the" +"chairman or a member. Under the provisions of the Constitution, the" +"advise tendered by the Supreme Court in this regard is binding on" +"the president. However, during the course of enquiry by the Supreme" +"Court, the governor can suspend the concerned chairman or" +"member, pending the final removal order of the president on receipt" +"of the report of the Supreme Court." +"Further, the Constitution has also defined the term ‘misbehaviour’" +"in this context. The Constitution states that the chairman or any other" +"member of a SPSC is deemed to be guilty of misbehaviour, if he (a)" +"is concerned or interested in any contract or agreement made by the" +"Government of India or the government of a state, or (b) participates" +"in any way in the profit of such contract or agreement or in any" +"benefit therefrom otherwise than as a member and in common with" +"other members of an incorporated company." +" INDEPENDENCE" +"" +"As in the case of UPSC, the Constitution has made the following" +"provisions to safeguard and ensure the independent and impartial" +"functioning of a SPSC:" +"(a) The chairman or a member of a SPSC can be removed from" +"office by the president only in the manner and on the grounds" +"mentioned in the Constitution. Therefore, they enjoy the" +"security of tenure." +"(b) The conditions of service of the chairman or a member, though" +"determined by the governor, cannot be varied to his" +"disadvantage after his appointment." +"(c) The entire expense including the salaries, allowances and" +"pensions of the chairman and members of a SPSC are charged" +"on the consolidated fund of the state. Thus, they are not subject" +"to vote of the state legislature." +"(d) The chairman of a SPSC (on ceasing to hold office) is eligible" +"for appointment as the chairman or a member of the UPSC or" +"as the chairman of any other SPSC, but not for any other" +"employment under the Government of India or a state." +"(e) A member of a SPSC (on ceasing to hold office) is eligible for" +"appointment as the chairman or a member of the UPSC, or as" +"the chairman of that SPSC or any other SPSC, but not for any" +"other employment under the Government of India or a state." +"(f) The chairman or a member of a SPSC is (after having" +"completed his first term) not eligible for reappointment to that" +"office (that is, not eligible for second term)." +" FUNCTIONS" +"" +"A SPSC performs all those functions in respect of the state services" +"as the UPSC does in relation to the Central services:" +"(a) It conducts examinations for appointments to the services of" +"the state." +"(b) It is consulted on the following matters related to personnel" +"management:" +"(i) All matters relating to methods of recruitment to civil servic" +"and for civil posts." +"(ii) The principles to be followed in making appointments to c" +"services and posts and in making promotions and transfers fro" +"one service to another." +"(iii) The suitability of candidates for appointments to civil servic" +"and posts; for promotions and transfers from one service" +"another; and appointments by transfer or deputation. T" +"concerned departments make recommendations for promotio" +"and request the SPSC to ratify them." +"(iv) All disciplinary matters affecting a person serving under t" +"government of the state in a civil capacity including memorials" +"petitions relating to such matters. These include:" +"– Censure (severe disapproval)" +"– Withholding of increments" +"– Withholding of promotions" +"– Recovery of pecuniary loss" +"– Reduction to lower service or rank (demotion)" +"– Compulsory retirement" +"– Removal from service" +"– Dismissal from service4" +"(v) Any claim for reimbursement of legal expenses incurred by" +"civil servant in defending legal proceedings instituted again" +"him in respect of acts done in the execution of his official dutie" +"(vi) Any claim for the award of a pension in respect of injuri" +"sustained by a person while serving under the government" +"the state and any question as to the amount of any such awar" +"(vii) Any other matter related to the personnel management." +"The Supreme Court has held that if the government fails to" +"consult the SPSC in these matters, the aggrieved public servant has" +"no remedy in a court. In other words, the court held that any" +" irregularity in consultation with the SPSC or acting without" +"consultation does not invalidate the decision of the government." +"Thus, the provision is directory and not mandatory. Similarly, the" +"court held that a selection by the SPSC does not confer any right to" +"the post upon the candidate. However, the government is to act fairly" +"and without arbitrariness or malafides." +"The additional functions relating to the services of the state can" +"be conferred on SPSC by the state legislature. It can also place the" +"personnel system of any local authority, corporate body or public" +"institution within the jurisdiction of the SPSC. Hence the jurisdiction" +"of SPSC can be extended by an Act made by the state legislature." +"The SPSC presents, annually, to the governor a report on its" +"performance. The governor places this report before both the" +"Houses of the state legislature, along with a memorandum" +"explaining the cases where the advice of the Commission was not" +"accepted and the reasons for such non-acceptance." +" LIMITATIONS" +"" +"The following matters are kept outside the functional jurisdiction of" +"the SPSC. In other words, the SPSC is not consulted on the" +"following matters:" +"(a) While making reservations of appointments or posts in favour of" +"any backward class of citizens." +"(b) While taking into consideration the claims of scheduled castes" +"and scheduled tribes in making appointments to services and" +"posts." +"The governor can exclude posts, services and matters from the" +"purview of the SPSC. The Constitution states that the governor, in" +"respect to the state services and posts may make regulations" +"specifying the matters in which, it shall not be necessary for SPSC to" +"be consulted. But all such regulations made by the governor shall be" +"laid before each House of the state legislature for at least 14 days." +"The state legislature can amend or repeal them." +" ROLE" +"The Constitution visualises the SPSC to be the ‘watchdog of merit" +"system’ in the state. It is concerned with the recruitment to the state" +"services and advises the government, when consulted, on promotion" +"and disciplinary matters. It is not concerned with the classification of" +"services, pay and service conditions, cadre management, training" +"and so on. These matters are handled by the Department of" +"Personnel or the General Administration Department. Therefore, the" +"SPSC is only a central recruiting agency in the state while the" +"Department of Personnel or the General Administration Department" +"is the central personnel agency in the state." +"The role of SPSC is not only limited, but also recommendations" +"made by it are only of advisory nature and hence, not binding on the" +"government. It is up to the state government to accept or reject that" +"advice. The only safeguard is the answerability of the government to" +"the state legislature for departing from the recommendation of the" +"Commission. Further, the government can also make rules which" +"regulate the scope of the advisory functions of SPSC5 ." +"Also, the emergence of State Vigilance Commission (SVC) in" +"1964 affected the role of SPSC in disciplinary matters. This is" +"because both are consulted by the government while taking" +"disciplinary action against a civil servant. The problem arises when" +"the two bodies tender conflicting advice. However, the SPSC, being" +"an independent constitutional body, has an edge over the SVC." +"Finally, the SPSC is consulted by the governor while framing rules" +"for appointment to judicial service of the state other than the posts of" +"district judges. In this regard, the concerned state high court is also" +"consulted." +" JOINT STATE PUBLIC SERVICE COMMISSION" +"" +"The Constitution makes a provision for the establishment of a Joint" +"State Public Service Commission (JSPSC) for two or more states." +"While the UPSC and the SPSC are created directly by the" +"Constitution, a JSPSC can be created by an act of Parliament on the" +"request of the state legislatures concerned. Thus, a JSPSC is a" +"statutory and not a constitutional body. The two states of Punjab and" +"Haryana had a JSPSC for a short period, after the creation of" +"Haryana out of Punjab in 1966." +"The chairman and members of a JSPSC are appointed by the" +"president. They hold office for a term of six years or until they attain" +"the age of 62 years, whichever is earlier. They can be suspended or" +"removed by the president. They can also resign from their offices at" +"any time by submitting their resignation letters to the president." +"The number of members of a JSPSC and their conditions of" +"service are determined by the president." +"A JSPSC presents its annual performance report to each of the" +"concerned state governors. Each governor places the report before" +"the state legislature." +"The UPSC can also serve the needs of a state on the request of" +"the state governor and with the approval of the president." +"As provided by the Government of India Act of 1919, a Central" +"Public Service Commission was set up in 1926 and entrusted with" +"the task of recruiting civil servants. The Government of India Act of" +"1935 provided for the establishment of not only a Federal Public" +"Service Commission but also a Provincial Public Service" +"Commission and Joint Public Service Commission for two or more" +"provinces." +"" +"Table 44.1 Articles Related to SPSC at a Glance" +"Article No. Subject-matter" +"315 Public Service Commissions for the Union and for" +"the states" +"316 Appointment and term of office of member" +"317 Removal and suspension of a member of a Public" +"Service Commission" +" 318 Power to make regulations as to conditions of" +"service of members and staff of the Commission" +"319 Prohibition as to the holding of office by members of" +"commission on ceasing to be such members" +"320 Functions of Public Service Commissions" +"321 Power to extend functions of Public Service" +"Commissions" +"322 Expenses of Public Service Commissions" +"323 Reports of Public Service Commissions" +"" +"" +"NOTES AND REFERENCES" +"1. Originally, it was 60 years. The 41st Amendment Act of" +"1976 raised it to 62 years." +"2. Added by the 15th Amendment Act of 1963." +"3. In 1993, the Supreme Court ruled that appointment of a" +"university professor (known to be blind) as a member of a" +"SPSC cannot be set aside on the ground of infirmity of" +"body or mind." +"4. The difference between removal and dismissal is that the" +"former does not disqualify for future employment under the" +"government while the latter disqualifies for future" +"employment under the government." +"5. Such Rules are known as the SPSC (Exemption from" +"consultation) Regulations." +" 45 Finance Commission" +"" +"" +"" +"" +"A" +"rticle 280 of the Constitution of India provides for a Finance" +"Commission as a quasi judicial body. It is constituted by the" +"president of India every fifth year or at such earlier time as he" +"considers necessary." +" COMPOSITION" +"The Finance Commission consists of a chairman and four other" +"members to be appointed by the president. They hold office for such" +"period as specified by the president in his order. They are eligible for" +"reappointment." +"The Constitution authorises the Parliament to determine the" +"qualifications of members of the commission and the manner in which" +"they should be selected. Accordingly, the Parliament has specified the" +"qualifications of the chairman and members of the com-mission1. The" +"chairman should be a person having experience in public affairs and the" +"four other members should be selected from amongst the following:" +"1. A judge of high court or one qualified to be appointed as one." +"2. A person who has specialised knowledge of finance and accounts" +"of the government." +"3. A person who has wide experience in financial matters and in" +"administration." +"4. A person who has special knowledge of economics." +" FUNCTIONS" +"The Finance Commission is required to make recommendations to the" +"president of India on the following matters:" +"1. The distribution of the net proceeds of taxes to be shared" +"between the Centre and the states, and the allocation between" +"the states of the respective shares of such proceeds." +"2. The principles that should govern the grants-in-aid to the states by" +"the Centre (i.e., out of the consolidated fund of India)." +"3. The measures needed to augment the consolidated fund of a" +"state to supplement the resources of the panchayats and the" +"municipalities in the state on the basis of the recommendations" +"made by the state finance commission2 ." +"4. Any other matter referred to it by the president in the interests of" +"sound finance." +"Till 1960, the commission also suggested the grants given to the" +"States of Assam, Bihar, Odisha and West Bengal in lieu of assignment" +"of any share of the net proceeds in each year of export duty on jute and" +"jute products. These grants were to be given for a temporary period of" +"ten years from the commencement of the Constitution." +"The commission submits its report to the president. He lays it before" +"both the Houses of Parliament along with an explanatory memorandum" +"as to the action taken on its recommendations." +" ADVISORY ROLE" +"" +"It must be clarified here that the recommendations made by the" +"Finance Commission are only of advisory nature and hence, not binding" +"on the government. It is up to the Union government to implement its" +"recommendations on granting money to the states." +"To put it in other words, ‘It is nowhere laid down in the Constitution" +"that the recommendations of the commission shall be binding upon the" +"Government of India or that it would give rise to a legal right in favour of" +"the beneficiary states to receive the money recommended to be offered" +"to them by the Commission’3 ." +"As rightly observed by Dr. P.V. Rajamannar, the Chairman of the" +"Fourth Finance Commission, “Since the Finance Commission is a" +"constitutional body expected to be quasijudicial, its recommendations" +"should not be turned down by the Government of India unless there are" +"very compelling reasons”." +"The Constitution of India envisages the Finance commission as the" +"balancing wheel of fiscal federalism in India. However, till 2014, its role" +"in the Centre-state fiscal relations was undermined by the erstwhile" +"Planning Commission, a non-constitutional and a non-statutory body." +"Dr. P.V. Rajamannar, the Chairman of the Fourth Finance commission," +"highlighted the overlapping of functions and responsibilities between" +"the Finance Commission and the erstwhile Planning Commission in" +"federal fiscal trans-fers.4 In 2015, the Planning Commission was" +"replaced by a new body called NITI Aayog (National Institution for" +"Transforming India)." +"" +"Table 45.1 Finance Commissions Appointed so far" +"Finance Chairman Appointed Submitted Period of" +"Commission in Report in implementation" +"of Report" +"First K.C. Neogy 1951 1952 1952–57" +"Second K. Santhanam 1956 1957 1957–62" +"Third A.K. Chanda 1960 1961 1962–66" +"Fourth Dr. P.V. 1964 1965 1966–69" +"Rajamannar" +"Fifth Mahavir Tyagi 1968 1969 1969–74" +" Sixth Brahamananda 1972 1973 1974–79" +"Reddy" +"Seventh J.M. Shelat 1977 1978 1979–84" +"Eighth Y.B. Chavan 1982 1984 1984–89" +"Ninth N.K.P. Salve 1987 1989 1989–95" +"Tenth K.C. Pant 1992 1994 1995–2000" +"Eleventh A.M. Khusro 1998 2000 2000–2005" +"Twelfth Dr. C. 2002 2004 2005–2010" +"Rangarajan" +"Thirteenth Dr. Vijay Kelkar 2007 2009 2010–2015" +"Fourteenth Y.V. Reddy 2013 2014 2015–2020" +"Fifteenth N.K. Singh 2017 2020 2020–2026" +"(expected)" +"" +"Table 45.2 Articles Related to Finance Commission at a Glance" +"Article No. Subject-matter" +"280. Finance Commission" +"281. Recommendations of the Finance Commission" +"" +"" +"NOTES AND REFERENCES" +"1. Vide the Finance Commission Act, 1951." +"2. This function was added by the 73rd and 74th Constitutional" +"Amendment Acts of 1992, which have granted constitutional" +"status and protection on the panchayats and the" +"municipalities respectively." +"3. D.D. Basu, Introduction to the Constitution of India, Wadhwa" +"19th Edition, 2001, p. 331." +"4. Report of the Fourth Finance Commission, New Delhi," +"Government of India, 1965, p. 88–90." +" 46 Goods and Services Tax Council" +"" +"" +"ESTABLISHMENT OF THE COUNCIL" +"The 101st Amendment Act of 2016 paved the way for the" +"introduction of a new tax regime (i.e. goods and services tax - GST)" +"in the country. The smooth and efficient administration of this tax" +"requires co-operation and coordination between the centre and the" +"states. In order to facilitate this consultation process, the amendment" +"provided for the establishment of a Goods and Services Tax Council" +"or the GST Council." +"The amendment inserted a new Article 279-A in the Constitution." +"This Article empowered the President to constitute a GST Council by" +"an order1. Accordingly, the President issued the order in 2016 and" +"constituted the Council2 ." +"The Secretariat of the Council is located at New Delhi. The Union" +"Revenue Secretary3 acts as the ex-officio Secretary to the Council." +" VISION AND MISSION OF THE COUNCIL" +"" +"While discharging its functions, the Council is to be guided by the" +"need for a harmonised structure of GST and the development of a" +"harmonised national market for goods and services. Further, the" +"Council has to determine the procedure in the performance of its" +"functions." +"The vision and mission of the Council are as follows:" +"Vision: To establish the highest standards of co-operative federation" +"in the functioning of the Council, which is the first constitutional" +"federal body vested with powers to take all major decisions relating" +"to GST." +"Mission: Evolving by a process of wider consultation, a GST" +"structure, which is information technology driven and user friendly." +" COMPOSITION OF THE COUNCIL" +"" +"The Council is a joint forum of the centre and the states and consists" +"of the following members:" +"(a) The Union Finance Minister as the Chairperson" +"(b) The Union Minister of State in-charge of Revenue or Finance" +"(c) The Minister in-charge of Finance or Taxation or any other" +"Minister nominated by each state government" +"The members of the Council from the states have to choose one" +"amongst themselves to be the Vice-Chairperson of the Council. They" +"can also decide his term." +"The Union Cabinet also decided to include the Chairperson of the" +"Central Board of Excise and Customs (CBEC) as a permanent" +"invitee (non-voting) to all proceedings of the Council." +" WORKING OF THE COUNCIL" +"" +"The decisions of the Council are taken at its meetings. One-half of" +"the total number of members of the Council is the quorum for" +"conducting a meeting. Every decision of the Council is to be taken by" +"a majority of not less than three-fourths of the weighted votes of the" +"members present and voting at the meeting. The decision is taken in" +"accordance with the following principles:" +"(i) The vote of the central government shall have a weightage" +"one-third of the total votes cast in that meeting." +"(ii) The votes of all the state governments combined shall have" +"weightage of two-thirds of the total votes cast in that meeting." +"Any act or proceedings of the Council will not become invalid on" +"the following grounds:" +"(i) any vacancy or defect in the constitution of the Council; or" +"(ii) any defect in the appointment of a person as a member of the" +"Council; or" +"(iii) any procedural irregularity of the Council not affecting the merits" +"of the case." +" FUNCTIONS OF THE COUNCIL" +"" +"The Council is required to make recommendations to the centre and" +"the states on the following matters:" +"(a) The taxes, cesses and surcharges levied by the centre, the" +"states and the local bodies that would get merged in GST." +"(b) The goods and services that may be subjected to GST or" +"exempted from GST." +"(c) Model GST Laws, principles of levy, apportionment of GST" +"levied on supplies in the course of inter-state trade or" +"commerce and the principles that govern the place of supply." +"(d) The threshold limit of turnover below which goods and services" +"may be exempted from GST." +"(e) The rates including floor rates with bands of GST." +"(f) Any special rate or rates for a specified period to raise additional" +"resources during any natural calamity or disaster." +"(g) Special provision with respect to the states of Arunachal" +"Pradesh, Assam, Jammu and Kashmir4 , Manipur, Meghalaya," +"Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and" +"Uttarakhand." +"(h) Any other matter relating to GST, as the Council may decide." +" OTHER FUNCTIONS OF THE COUNCIL" +"" +"In addition to the above, the Council has the following other" +"functions:" +"1. The Council shall recommend the date on which the GST may" +"be levied on petroleum crude, high speed diesel, motor spirit" +"(petrol), natural gas and aviation turbine fuel." +"2. When there is a dispute with respect to its recommendations or" +"their implementation, the Council shall establish a mechanism" +"to adjudicate upon the dispute:" +"(a) between the centre and one or more states; or" +"(b) between the centre and any state or states on one side and" +"one or more other states on the other side; or" +"(c) between two or more states." +"3. The Council has to recommend the compensation to the states" +"for loss of revenue arising on account of introduction of GST for" +"a period of five years. Based on this recommendation, the" +"Parliament determines the compensation. Accordingly, the" +"Parliament enacted the law in 20175 ." +"" +"" +"NOTES AND REFERENCES" +"1. Article 279-A(1) says that the President shall, within sixty" +"days from the commencement of the Constitution (One" +"Hundred and First Amendment) Act, 2016, by order," +"constitute a Council to be called the Goods and Services" +"Tax Council." +"2. The Presidential order was issued on 15 September 2016." +"3. Department of Revenue, the Ministry of Finance," +"Government of India." +"4. The Jammu and Kashmir Reorganisation Act, 2019," +"bifurcated the erstwhile state of Jammu and Kashmir into" +"two separate Union territories, namely, the Union territory" +"of Jammu and Kashmir and the Union territory of Ladakh." +"5. The Goods and Services Tax (Compensation to States)" +"Act, 2017." +" 47 National Commission for SCs" +"" +"" +"" +"" +"T" +"he National Commission for Scheduled Castes (SCs) is a" +"constitutional body in the sense that it is directly" +"established by Article 338 of the Constitu-tion1. On the" +"other hand, the other national commissions like the National" +"Commission for Women (1992), the National Commission for" +"Minorities (1993), the National Human Rights Commission (1993)" +"and the National Commission for Protection of Child Rights (2007)" +"are statutory bodies in the sense that they are established by acts" +"of the Parliament2 ." +" EVOLUTION OF THE COMMISSION" +"" +"Originally, Article 338 of the Constitution provided for the" +"appointment of a Special Officer for Scheduled Castes (SCs) and" +"Scheduled Tribes (STs) to investigate all matters relating to the" +"constitutional safeguards for the SCs and STs and to report to the" +"President on their working3. He was designated as the" +"Commissioner for SCs and STs and assigned the said duty." +"In 1978, the Government (through a Resolution) set up a non-" +"statutory multimember Commission for SCs and STs; the Office of" +"Commissioner for SCs and STs also continued to exist." +"In 1987, the Government (through another Resolution) modified" +"the functions of the Commission and renamed it as the National" +"Commission for SCs and STs4 ." +"Later, the 65th Constitutional Amendment Act of 19905 provided" +"for the establishment of a high level multi-member National" +"Commission for SCs and STs in the place of a single Special" +"Officer for SCs and STs. This constitutional body replaced the" +"Commissioner for SCs and STs as well as the Commission set up" +"under the Resolution of 1987." +"Again, the 89th Constitutional Amendment Act of 20036" +"bifurcated the combined National Commission for SCs and STs" +"into two separate bodies, namely, National Commission for" +"Scheduled Castes (under Article 338) and National Commission" +"for Scheduled Tribes (under Article 338-A)." +"The separate National Commission for SCs came into" +"existence in 2004. It consists of a chairperson, a vice-chairperson" +"and three other members. They are appointed by the President by" +"warrant under his hand and seal. Their conditions of service and" +"tenure of office are also determined by the President7 ." +" FUNCTIONS OF THE COMMISSION" +"The functions of the Commission are:" +"(a) To investigate and monitor all matters relating to the" +"constitutional and other legal safeguards for the SCs and to" +"evaluate their working;" +"(b) To inquire into specific complaints with respect to the" +"deprivation of rights and safeguards of the SCs;" +"(c) To participate and advise on the planning process of socio-" +"economic development of the SCs and to evaluate the" +"progress of their development under the Union or a state;" +"(d) To present to the President, annually and at such other times" +"as it may deem fit, reports upon the working of those" +"safeguards;" +"(e) To make recommendations as to the measures that should" +"be taken by the Union or a state for the effective" +"implementation of those safeguards and other measures for" +"the protection, welfare and socio-economic development of" +"the SCs; and" +"(f) To discharge such other functions in relation to the protection," +"welfare and development and advancement of the SCs as" +"the president may specify." +" REPORT OF THE COMMISSION" +"" +"The commission presents an annual report to the president. It can" +"also submit a report as and when it thinks necessary." +"The President places all such reports before the Parliament," +"along with a memorandum explaining the action taken on the" +"recommendations made by the Commission. The memorandum" +"should also contain the reasons for the non-acceptance of any of" +"such recommendations." +"The President also forwards any report of the Commission" +"pertaining to a state government to the state governor. The" +"governor places it before the state legislature, along with a" +"memorandum explaining the action taken on the" +"recommendations of the Commission. The memorandum should" +"also contain the reasons for the non-acceptance of any of such" +"recommendations." +" POWERS OF THE COMMISSION" +"" +"The Commission is vested with the power to regulate its own" +"procedure." +"The Commission, while investigating any matter or inquiring" +"into any complaint, has all the powers of a civil court trying a suit" +"and in particular in respect of the following matters:" +"(a) summoning and enforcing the attendance of any person from" +"any part of India and examining him on oath;" +"(b) requiring the discovery and production of any document;" +"(c) receiving evidence on affidavits;" +"(d) requisitioning any public record from any court or office;" +"(e) issuing summons for the examination of witnesses and" +"documents; and" +"(f) any other matter which the President may determine." +"The Central government and the state governments are" +"required to consult the Commission on all major policy matters" +"affecting the SCs." +"The Commission is also required to discharge similar functions" +"with regard to the Anglo-Indian Community as it does with respect" +"to the SCs. In other words, the Commission has to investigate all" +"matters relating to the constitutional and other legal safeguards for" +"the Anglo-Indian Community and report to the President upon" +"their working8 ." +"Till 2018, the commission was also required to discharge" +"similar functions with regard to the other backward classes" +"(OBCs). It was relieved from this responsibility by the 102nd" +"Amendment Act of 2018." +"" +"" +"NOTES AND REFERENCES" +"1. Article 338 is contained in Part XVI entitled as ‘Special" +"Provisions Relating to Certain Classes’." +"2. The years in the bracket indicate the years of their" +"establishment." +"3. The constitutional safeguards for the SCs and STs are" +"explained in Chapter 68." +" 4. It was made as a National Level Advisory Body to" +"advise the Government on broad policy issues and" +"levels of development of SCs and STs." +"5. The Act came into force on 12–03-1992." +"6. The Act came into force on 19–02-2004." +"7. Under the Rules, they hold office for a term of three" +"years." +"8. Clause 10 of Article 338 reads as follows: “In this article," +"references to the Scheduled Castes shall be construed" +"as including references to the Anglo-Indian Community”." +" 48 National Commission for STs" +"" +"" +"" +"" +"L" +"ike the National Commission for Schedules Castes (SCs)," +"the National Commission for Scheduled Tribes (STs) is also" +"a constitutional body in the sense that it is directly" +"established by Article 338-A of the Constitution1 ." +" SEPARATE COMMISSION FOR STS" +"" +"The National Commission for SCs and STs came into being" +"consequent upon passing of the 65th Constitutional Amendment" +"Act of 19902. The Commission was established under Article 338" +"of the Constitution with the objective of monitoring all the" +"safeguards provided for the SCs and STs under the Constitution" +"or other laws3 ." +"Geographically and culturally, the STs are different from the" +"SCs and their problems are also different from those of SCs. In" +"1999, a new Ministry of Tribal Affairs was created to provide a" +"sharp focus to the welfare and development of the STs. It was felt" +"necessary that the Ministry of Tribal Affairs should coordinate all" +"activities relating to the STs as it would not be administratively" +"feasible for the Ministry of Social Justice and Empowerment to" +"perform this role4 ." +"Hence, in order to safeguard the interests of the STs more" +"effectively, it was proposed to set up a separate National" +"Commission for STs by bifurcating the existing combined National" +"Commission for SCs and STs. This was done by passing the 89th" +"Constitutional Amendment Act of 20035. This Act further amended" +"Article 338 and inserted a new Article 338-A in the Constitution." +"The separate National Commission for STs came into existence" +"in 2004. It consists of a chairperson, a vice-chairperson and three" +"other members. They are appointed by the President by warrant" +"under his hand and seal. Their conditions of service and tenure of" +"office are also determined by the President6 ." +" FUNCTIONS OF THE COMMISSION" +"The functions of the Commission are:" +"(a) To investigate and monitor all matters relating to the" +"constitutional and other legal safeguards for the STs and to" +"evaluate their working;" +"(b) To inquire into specific complaints with respect to the" +"deprivation of rights and safeguards of the STs;" +"(c) To participate and advise on the planning process of socio-" +"economic development of the STs and to evaluate the" +"progress of their development under the Union or a state;" +"(d) To present to the President, annually and at such other times" +"as it may deem fit, reports upon the working of those" +"safeguards;" +"(e) To make recommendations as to the measures that should" +"be taken by the Union or a state for the effective" +"implementation of those safeguards and other measures for" +"the protection, welfare and socio-economic development of" +"the STs; and" +"(f) To discharge such other functions in relation to the protection," +"welfare and development and advancement of the STs as the" +"President may specify." +" OTHER FUNCTIONS OF THE COMMISSION" +"" +"In 2005, the President specified the following other functions of" +"the Commission in relation to the protection, welfare and" +"development and advancement of the STs7 :" +"(i) Measures to be taken over conferring ownership rights in" +"respect of minor forest produce to STs living in forest areas" +"(ii) Measures to be taken to safeguard rights of the tribal" +"communities over mineral resources, water resources etc.," +"as per law" +"(iii) Measures to be taken for the development of tribals and to" +"work for more viable livelihood strategies" +"(iv) Measures to be taken to improve the efficacy of relief and" +"rehabilitation measures for tribal groups displaced by" +"development projects" +"(v) Measures to be taken to prevent alienation of tribal people" +"from land and to effectively rehabilitate such people in whose" +"case alienation has already taken place" +"(vi) Measures to be taken to elicit maximum cooperation and" +"involvement of tribal communities for protecting forests and" +"undertaking social afforestation" +"(vii) Measures to be taken to ensure full implementation of the" +"Provisions of Panchayats (Extension to the Scheduled" +"Areas) Act, 1996" +"(viii) Measures to be taken to reduce and ultimately eliminate the" +"practice of shifting cultivation by tribals that lead to their" +"continuous disempowerment and degradation of land and" +"the environment" +" REPORT OF THE COMMISSION" +"" +"The Commission presents an annual report to the President. It" +"can also submit a report as and when it thinks necessary." +"The President places all such reports before the Parliament," +"along with a memorandum explaining the action taken on the" +"recommendations made by the Commission. The memorandum" +"should also contain the reasons for the non-acceptance of any of" +"such recommendations." +"The President also forwards any report of the Commission" +"pertaining to a state government to the state governor. The" +"governor places it before the state legislature, along with a" +"memorandum explaining the action taken on the" +"recommendations of the Commission. The memorandum should" +"also contain the reasons for the non-acceptance of any of such" +"recommendations." +" POWERS OF THE COMMISSION" +"" +"The Commission is vested with the power to regulate its own" +"procedure." +"The Commission, while investigating any matter or inquiring" +"into any complaint, has all the powers of a civil court trying a suit" +"and in particular in respect of the following matters:" +"(a) summoning and enforcing the attendance of any person from" +"any part of India and examining him on oath;" +"(b) requiring the discovery and production of any document;" +"(c) receiving evidence on affidavits;" +"(d) requisitioning any public record from any court or office;" +"(e) issuing summons for the examination of witnesses and" +"documents; and" +"(f) any other matter which the President may determine." +"The Central government and the state governments are" +"required to consult the Commission on all major policy matters" +"affecting the STs." +"" +"" +"NOTES AND REFERENCES" +"1. Article 338-A is contained in Part XVI entitled as" +"‘Special Provisions Relating to Certain Classes’. This" +"Article was inserted by the 89th Constitutional" +"Amendment Act of 2003." +"2. The Act came into force on 12–03-1992." +"3. The constitutional safeguards for the SCs and STs are" +"explained in Chapter 68." +"4. The Ministry of Social Justice and Empowerment co-" +"ordinates all activities relating to the SCs." +"5. The Act came into force on 19–02-2004." +"6. Under the Rules, they hold office for a term of three" +"years." +"7. The National Commission for the Scheduled Tribes" +"(Specification of Other Functions) Rules, 2005." +" 49 National Commission for BCs" +"" +"" +"ESTABLISHMENT OF THE COMMISSION" +"" +"In the Mandal case1 judgement (1992), the Supreme Court" +"directed the central government to constitute a permanent" +"statutory body to examine the complaints of underinclusion, over-" +"inclusion or non-inclusion of any class of citizens in the list of" +"backward classes. Accordingly, the National Commission for" +"Backward Classes (NCBC) was set up in 19932 ." +"Later, the 102nd Amendment Act of 2018 conferred a" +"constitutional status on the Commission. For this purpose, the" +"amendment inserted a new Article 338-B in the constitution." +"Hence, the Commission ceased to be a statutory body and" +"became a constitutional body3 ." +"Further, the scope of functions assigned to the Commission is" +"also enlarged under the new dispensation. This was done in order" +"to safeguard the interests of the socially and educationally" +"backward classes more effec-tively4. In other words, the" +"constitutional status of the new Commission is at par with the" +"National Commission for Scheduled Castes (NCSC) and the" +"National Commission for Scheduled Tribes (NCST)." +"The Commission consists of a chairperson, a vice-chairperson" +"and three other members. They are appointed by the President by" +"warrant under his hand and seal. Their conditions of service and" +"tenure of office are also determined by the President5 ." +" FUNCTIONS OF THE COMMISSION" +"" +"The functions of the Commission are the following:" +"(a) To investigate and monitor all matters relating to the" +"constitutional and other legal safeguards for the socially and" +"educationally backward classes and to evaluate their" +"working." +"(b) To inquire into specific complaints with respect to the" +"deprivation of rights and safeguards of the socially and" +"educationally backward classes." +"(c) To participate and advise on the socioeconomic development" +"of the socially and educationally backward classes and to" +"evaluate the progress of their development under the Union" +"or a state." +"(d) To present to the President, annually and at such other times" +"as it may deem fit, reports upon the working of those" +"safeguards." +"(e) To make recommendations as to the measures that should" +"be taken by the Union or a state for the effective" +"implementation of those safeguards and other measures for" +"the protection, welfare and socio-economic development of" +"the socially and educationally backward classes." +"(f) To discharge such other functions in relation to the protection," +"welfare, development and advancement of the socially and" +"educationally backward classes as the President may" +"specify." +" REPORT OF THE COMMISSION" +"The Commission presents an annual report to the President. It" +"can also submit a report as and when it thinks necessary." +"The President places all such reports before the Parliament," +"along with a memorandum explaining the action taken on the" +"recommendations made by the Commission. The memorandum" +"should also contain the reasons for the non-acceptance of any of" +"such recommendations." +"The President also forwards any report of the Commission" +"pertaining to a state government to the state government. The" +"government places it before the state legislature, along with a" +"memorandum explaining the action taken on the" +"recommendations of the Commission. The memorandum should" +"also contain the reasons for the non-acceptance of any of such" +"recommendations." +" POWERS OF THE COMMISSION" +"" +"The Commission is vested with the power to regulate its own" +"procedure." +"The Commission, while investigating any matter or enquiring" +"into any complaint, has all the powers of a civil court trying a suit" +"and in particular in respect of the following matters:" +"(a) Summoning and enforcing the attendance of any person" +"from any part of India and examining him on oath" +"(b) Requiring the discovery and production of any document" +"(c) Receiving evidence on affidavits" +"(d) Requisitioning any public record from any court or office" +"(e) Issuing summons for the examination of witnesses and" +"documents" +"(f) Any other matter which the President may determine" +"The central government and the state governments are" +"required to consult the Commission on all major policy matters" +"affecting the socially and educationally backward classes." +"" +"" +"NOTES AND REFERENCES" +"1. Indra Sawhney Vs. Union of India (1992)." +"2. Vide the National Commission for Backward Classes" +"Act, 1993." +"3. The National Commission for Backward Classes" +"(Repeal) Act, 2018, repealed the National Commission" +"for Backward Classes Act, 1993." +"4. The 102nd Amendment Act of 2018 inserted a new" +"Article 342-A enabling the President to specify the" +"socially and educationally backward classes." +"5. Under the Rules, they hold office for a term of three" +"years." +" 50 Special Officer for Linguistic" +"Minorities" +"" +"" +"CONSTITUTIONAL PROVISIONS" +"Originally, the Constitution of India did not make any provision with" +"respect to the Special Officer for Linguistic Minorities1. Later, the" +"States Reorganisation Commission (1953–55) made a" +"recommendation in this regard. Accordingly, the Seventh" +"Constitutional Amendment Act of 1956 inserted a new Article 350-" +"B in Part XVII of the Consti-tution2. This article contains the" +"following provisions:" +"1. There should be a Special Officer for Linguistic Minorities." +"He is to be appointed by the President of India." +"2. It would be the duty of the Special Officer to investigate all" +"matters relating to the safeguards provided for linguistic" +"minorities under the Constitution3. He would report to the" +"President upon those matters at such intervals as the" +"President may direct. The President should place all such" +"reports before each House of Parliament and send to the" +"governments of the states concerned." +"It must be noted here that the Constitution does not specify the" +"qualifications, tenure, salaries and allowances, service conditions" +"and procedure for removal of the Special Officer for Linguistic" +"Minorities." +" COMMISSIONER FOR LINGUISTIC MINORITIES" +"" +"In pursuance of the provision of Article 350-B of the Constitution," +"the office of the Special Officer for Linguistic Minorities was" +"created in 1957. He is designated as the Commissioner for" +"Linguistic Minorities." +"The Commissioner has his headquarters at Allahabad (Uttar" +"Pradesh). He has three regional offices at Belgaum (Karnataka)," +"Chennai (Tamil Nadu) and Kolkata (West Bengal). Each is headed" +"by an Assistant Commissioner." +"The Commissioner is assisted at headquarters by Deputy" +"Commissioner and an Assistant Commissioner. He maintains" +"liaison with the State Governments and Union Territories through" +"nodal officers appointed by them." +"At the Central level, the Commissioner falls under the Ministry" +"of Minority Affairs. Hence, he submits the annual reports or other" +"reports to the President through the Union Minority Affairs" +"Minister4 ." +" ROLE OF THE COMMISSIONER" +"The Commissioner takes up all the matters pertaining to the" +"grievances arising out of the non-implementation of the" +"Constitutional and Nationally Agreed Scheme of Safeguards" +"provided to linguistic minorities that come to its notice or are" +"brought to its knowledge by the linguistic minority individuals," +"groups, associations or organisations at the highest political and" +"administrative levels of the state governments and UT" +"administrations and recommends remedial actions to be taken5 ." +"To promote and preserve linguistic minority groups, the Ministry" +"of Minority Affairs has requested the State Governments / Union" +"Territories to give wide publicity to the constitutional safeguards" +"provided to linguistic minorities and to take necessary" +"administrative measures. The state governments and UT" +"Administrations were urged to accord priority to the" +"implementation of the scheme of safeguards for linguistic" +"minorities. The Commissioner launched a 10 point programme to" +"lend fresh impetus to Governmental efforts towards the" +"preservation of the language and culture of linguistic minorities6 ." +" VISION AND MISSION" +"" +"The vision and mission of the Commissioner are mentioned here.7" +"" +"Vision" +"Streamlining and strengthening implementation machinery and" +"mechanism for effective implementation of the Constitutional" +"safeguards for the Linguistic Minorities, thereby ensuring" +"protection of the rights of speakers of the minority languages so" +"as to provide them equal opportunities for inclusive and integrated" +"development." +"" +"Mission" +"To ensure that all the states / U.T.s effectively implement the" +"Constitutional safeguards and the nationally agreed scheme of" +"safeguards for the linguistic minorities for providing them equal" +"opportunities for inclusive development." +" FUNCTIONS AND OBJECTIVES" +"" +"In more detail, the functions and objectives of the Commissioner" +"are as follows8 :" +"" +"Functions" +"1. To investigate all matters related to safeguards provided to" +"the linguistic minorities" +"2. To submit to the President of India, the reports on the status" +"of implementation of the Constitutional and the nationally" +"agreed safeguards for the linguistic minorities" +"3. To monitor the implementation of safeguards through" +"questionnaires, visits, conferences, seminars, meetings," +"review mechanism, etc" +"" +"Objectives" +"1. To provide equal opportunities to the linguistic minorities for" +"inclusive development and national integration" +"2. To spread awareness amongst the linguistic minorities about" +"the safeguards available to them" +"3. To ensure effective implementation of the safeguards" +"provided for the linguistic minorities in the Constitution and" +"other safeguards, which are agreed to by the states / U.T.s" +"4. To handle the representations for redress of grievances" +"related to the safeguards for linguistic minorities" +"" +"" +"NOTES AND REFERENCES" +"1. A linguistic minority is a group of people whose mother" +"tongue is different from that of the majority in the state" +"or part of a state. Thus, the linguistic minorities are" +"determined on a state-wise basis." +"2. Part XVII is entitled as ‘Official Language’ and consists" +"of four chapters. Article 350-B is contained in the fourth" +"chapter entitled as ‘Special Directives’." +" 3. The constitutional safeguards for linguistic minorities" +"are explained in Chapter 65." +"4. So far, 52 reports have been presented." +"5. India 2013, Publications Division, Government of India," +"p. 1012." +"6. Annual Report 2011–2012, Ministry of Minority Affairs," +"Government of India, p. 38." +"7. 47th Report of the Commissioner for Linguistic" +"Minorities, July 2008 to June 2010, p. 222." +"8. Ibid." +" 51 Comptroller and Auditor General of" +"India" +"" +"" +"" +"" +"T" +"he Constitution of India (Article 148) provides for an" +"independent office of the Comptroller and Auditor General" +"of India (CAG). He is the head of the Indian Audit and" +"Accounts Department1. He is the guardian of the public purse and" +"controls the entire financial system of the country at both the" +"levels–the Centre and the state. His duty is to uphold the" +"Constitution of India and laws of Parliament in the field of financial" +"administration. This is the reason why Dr. B.R. Ambedkar said" +"that the CAG shall be the most important Officer under the" +"Constitution of India2. He is one of the bulwarks of the democratic" +"system of government in India; the others being the Supreme" +"Court, the Election Commission and the Union Public Service" +"Commission." +" APPOINTMENT AND TERM" +"" +"The CAG is appointed by the president of India by a warrant" +"under his hand and seal. The CAG, before taking over his office," +"makes and subscribes before the president an oath or affirmation:" +"1. to bear true faith and allegiance to the Constitution of India;" +"2. to uphold the sovereignty and integrity of India;" +"3. to duly and faithfully and to the best of his ability, knowledge" +"and judgement perform the duties of his office without fear or" +"favour, affection or ill-will; and" +"4. to uphold the Constitution and the laws." +"He holds office for a period of six years or upto the age of 65" +"years, whichever is earlier. He can resign any time from his office" +"by addressing the resignation letter to the president. He can also" +"be removed by the president on same grounds and in the same" +"manner as a judge of the Supreme Court. In other words, he can" +"be removed by the president on the basis of a resolution passed" +"to that effect by both the Houses of Parliament with special" +"majority, either on the ground of proved misbehaviour or" +"incapacity." +" INDEPENDENCE" +"The Constitution has made the following provisions to safeguard" +"and ensure the independence of CAG:" +"1. He is provided with the security of tenure. He can be" +"removed by the president only in accordance with the" +"procedure mentioned in the Constitution. Thus, he does not" +"hold his office till the pleasure of the president, though he is" +"appointed by him." +"2. He is not eligible for further office, either under the" +"Government of India or of any state, after he ceases to hold" +"his office." +"3. His salary and other service conditions are determined by" +"the Parliament. His salary is equal to that of a judge of the" +"Supreme Court3 ." +"4. Neither his salary nor his rights in respect of leave of" +"absence, pension or age of retirement can be altered to his" +"disadvantage after his appointment." +"5. The conditions of service of persons serving in the Indian" +"Audit and Accounts Department and the administrative" +"powers of the CAG are prescribed by the president after" +"consultation with the CAG." +"6. The administrative expenses of the office of the CAG," +"including all salaries, allowances and pensions of persons" +"serving in that office are charged upon the Consolidated" +"Fund of India. Thus, they are not subject to the vote of" +"Parliament." +"Further, no minister can represent the CAG in Parliament (both" +"Houses) and no minister can be called upon to take any" +"responsibility for any actions done by him." +" DUTIES AND POWERS" +"" +"The Constitution (Article 149) authorises the Parliament to" +"prescribe the duties and powers of the CAG in relation to the" +"accounts of the Union and of the states and of any other authority" +"or body. Accordingly, the Parliament enacted the CAG’s (Duties," +"Powers and Conditions of Service) act, 1971. This Act was" +"amended in 1976 to separate accounts from audit in the Central" +"government." +"The duties and functions of the CAG as laid down by the" +"Parliament and the Constitution are:" +"1. He audits the accounts related to all expenditure from the" +"Consolidated Fund of India, consolidated fund of each state" +"and consolidated fund of each union territory having a" +"Legislative Assembly." +"2. He audits all expenditure from the Contingency Fund of" +"India and the Public Account of India as well as the" +"contingency fund of each state and the public account of" +"each state." +"3. He audits all trading, manufacturing, profit and loss" +"accounts, balance sheets and other subsidiary accounts" +"kept by any department of the Central Government and state" +"governments." +"4. He audits the receipts and expenditure of the Centre and" +"each state to satisfy himself that the rules and procedures in" +"that behalf are designed to secure an effective check on the" +"assessment, collection and proper allocation of revenue." +"5. He audits the receipts and expenditure of the following:" +"(a) All bodies and authorities substantially financed from the" +"Central or state revenues;" +"(b) Government companies; and" +"(c) Other corporations and bodies, when so required by" +"related laws." +"6. He audits all transactions of the Central and state" +"governments related to debt, sinking funds, deposits," +"advances, suspense accounts and remittance business. He" +"also audits receipts, stock accounts and others, with" +" approval of the President, or when required by the" +"President." +"7. He audits the accounts of any other authority when" +"requested by the President or Governor. For example, the" +"audit of local bodies." +"8. He advises the President with regard to prescription of the" +"form in which the accounts of the Centre and the states shall" +"be kept (Article 150)." +"9. He submits his audit reports relating to the accounts of the" +"Centre to President, who shall, in turn, place them before" +"both the Houses of Parliament (Article 151)." +"10. He submits his audit reports relating to the accounts of a" +"state to governor, who shall, in turn, place them before the" +"state legislature (Article 151)." +"11. He ascertains and certifies the net proceeds of any tax or" +"duty (Article 279). His certificate is final. The ‘net proceeds’" +"means the proceeds of a tax or a duty minus the cost of" +"collection." +"12. He acts as a guide, friend and philosopher of the Public" +"Accounts Committee of the Parliament." +"13. He compiles and maintains the accounts of state" +"governments. In 1976, he was relieved of his responsibilities" +"with regard to the compilation and maintenance of accounts" +"of the Central Government due to the separation of accounts" +"from audit, that is, departmentalisation of accounts." +"The CAG submits three audit reports to the President–audit" +"report on appropriation accounts, audit report on finance" +"accounts, and audit report on public undertakings. The President" +"lays these reports before both the Houses of Parliament. After" +"this, the Public Accounts Committee examines them and reports" +"its findings to the Parliament." +"The appropriation accounts compare the actual expenditure" +"with the expenditure sanctioned by the Parliament through the" +"Appropriation Act, while the finance accounts show the annual" +"receipts and disbursements of the Union government." +" ROLE" +"" +"The role of CAG is to uphold the Constitution of India and the laws" +"of Parliament in the field of financial administration. The" +"accountability of the executive (i.e., council of ministers) to the" +"Parliament in the sphere of financial administration is secured" +"through audit reports of the CAG. The CAG is an agent of the" +"Parliament and conducts audit of expenditure on behalf of the" +"Parliament. Therefore, he is responsible only to the Parliament." +"The CAG has more freedom with regard to audit of expenditure" +"than with regard to audit of receipts, stores and stock. “Whereas" +"in relation to expenditure he decides the scope of audit and" +"frames his own audit codes and manuals, he has to proceed with" +"the approval of the executive government in relation to rules for" +"the conduct of the other audits.”3a" +"The CAG has ‘to ascertain whether money shown in the" +"accounts as having been disbursed was legally available for and" +"applicable to the service or the purpose to which they have been" +"applied or charged and whether the expenditure conforms to the" +"authority that governs it’. In addition to this legal and regulatory" +"audit, the CAG can also conduct the propriety audit, that is, he" +"can look into the ‘wisdom, faithfulness and economy’ of" +"government expenditure and comment on the wastefulness and" +"extravagance of such expenditure. However, unlike the legal and" +"regulatory audit, which is obligatory on the part of the CAG, the" +"propriety audit is discretionary." +"The secret service expenditure is a limitation on the auditing" +"role of the CAG. In this regard, the CAG cannot call for particulars" +"of expenditure incurred by the executive agencies, but has to" +"accept a certificate from the competent administrative authority" +"that the expenditure has been so incurred under his authority." +"The Constitution of India visualises the CAG to be Comptroller" +"as well as Auditor General. However, in practice, the CAG is" +"fulfilling the role of an Auditor-General only and not that of a" +"Comptroller. In other words, ‘the CAG has no control over the" +"issue of money from the consolidated fund and many departments" +"are authorised to draw money by issuing cheques without specific" +" authority from the CAG, who is concerned only at the audit stage" +"when the expenditure has already taken place’4. In this respect," +"the CAG of India differs totally from the CAG of Britain who has" +"powers of both Comptroller as well as Auditor General. In other" +"words, in Britain, the executive can draw money from the public" +"exchequer only with the approval of the CAG." +" CAG AND CORPORATIONS" +"" +"The role of CAG in the auditing of public corporations is limited." +"Broadly speaking, his relationship with the public corporations falls" +"into the following three categories:" +"(i) Some corporations are audited totally and directly by the" +"CAG, for example, Damodar Valley Corporation, Oil and" +"Natural Gas Commission, Air India, Indian Airlines" +"Corporation, and others." +"(ii) Some other corporations are audited by private professional" +"auditors who are appointed by the Central Government in" +"consultation with the CAG. If necessary, the CAG can conduct" +"supplementary audit. The examples are, Central Warehousing" +"Corporation, Industrial Finance Corporation, and others." +"(iii) Some other corporations are totally subjected to private audit." +"In other words, their audit is done exclusively by private" +"professional auditors and the CAG does not come into the" +"picture at all. They submit their annual reports and accounts" +"directly to the Parliament. Examples of such corporations are" +"Life Insurance Corporation of India, Reserve Bank of India," +"State Bank of India, Food Corporation of India, and others." +"The role of the CAG in the auditing of Government companies" +"is also limited. They are audited by private auditors who are" +"appointed by the Government on the advise of the CAG. The CAG" +"can also undertake supplementary audit or test audit of such" +"companies." +"In 1968, an Audit Board was established as a part of the office" +"of CAG to associate outside specialists and experts to handle the" +"technical aspects of audit of specialised enterprises like" +"engineering, iron and steel, chemicals and so on. This board was" +"established on the recommendations of the Administrative" +"Reforms Commission of India. It consists of a Chairman and two" +"members appointed by the CAG." +" APPLEBY’S CRITICISM" +"" +"Paul H Appleby, in his two reports on Indian Administration, was" +"very critical of the role of CAG and attacked the significance of his" +"work5. He also suggested that the CAG should be relieved of the" +"responsibility of audit. In other words, he recommended the" +"abolition of the office of CAG. His points of criticism of Indian audit" +"are as follows:" +"1. The function of the CAG in India, is in a large measure, an" +"inheritance from the colonial rule." +"2. The CAG is today a primary cause of widespread and" +"paralysing unwillingness to decide and to act. Auditing has a" +"repressive and negative influence." +"3. The Parliament has a greatly exaggerated notion of the" +"importance of auditing to Parliamentary responsibility, and" +"so has failed to define the functions of the CAG as the" +"Constitution contemplated it would do." +"4. The CAG’s function is not really a very important one." +"Auditors do not know and cannot be expected to know very" +"much about good administration; their prestige is highest" +"with others who do not know much about administration." +"5. Auditors know what is auditing, which is not administration; it" +"is a necessary, but a highly pedestrian function with a" +"narrow perspective and a very limited usefulness." +"6. A deputy secretary in the department knows more about the" +"problems in his department than the CAG and his entire" +"staff." +"" +"Table 51.1 Articles Related to Comptroller and Auditor-General of" +"India at a Glance" +"Article No. Subject-matter" +"148. Comptroller and Auditor-General of India" +"149. Duties and powers of the Comptroller and Auditor-" +"General" +"150. Form of accounts of the Union and of the States" +" 151. Audit reports" +"" +"" +"NOTES AND REFERENCES" +"1. The Indian Audit and Accounts Department was created" +"during the British rule in 1753." +"2. Constituent Assembly Debates, Volume VIII, p. 405." +"3. In 2018, the salary of a judge of the Supreme Court had" +"been fixed at ₹2.50 lakh per month." +"3a. Wattal, P.K., Parliamentary Financial Control in India," +"Second Edition. Bombay: Minerva Book Shop, 1962, p." +"235" +"4. D.D. Basu, Introduction to the Constitution of India," +"Wadhwa, 19th Edition, 2001, p. 198." +"5. The two reports are: Public Administration in India" +"(1953) and Re-examination of India’s Administrative" +"System, 1956." +" 52 Attorney General of India" +"" +"" +"" +"" +"T" +"he Constitution (Article 76) has provided for the office of" +"the Attorney General for India1. He is the highest law officer" +"in the country." +" APPOINTMENT AND TERM" +"" +"The Attorney General (AG) is appointed by the president. He must" +"be a person who is qualified to be appointed a judge of the" +"Supreme Court. In other words, he must be a citizen of India and" +"he must have been a judge of some high court for five years or an" +"advocate of some high court for ten years or an eminent jurist, in" +"the opinion of the president." +"The term of office of the AG is not fixed by the Constitution." +"Further, the Constitution does not contain the procedure and" +"grounds for his removal. He holds office during the pleasure of the" +"president. This means that he may be removed by the president" +"at any time. He may also quit his office by submitting his" +"resignation to the president. Conventionally, he resigns when the" +"government (council of ministers) resigns or is replaced, as he is" +"appointed on its advice." +"The remuneration of the AG is not fixed by the Constitution. He" +"receives such remuneration as the president may determine." +" DUTIES AND FUNCTIONS" +"As the chief law officer of the Government of India, the duties of" +"the AG include the following:" +"1. To give advice to the Government of India upon such legal" +"matters, which are referred to him by the president." +"2. To perform such other duties of a legal character that are" +"assigned to him by the president." +"3. To discharge the functions conferred on him by the" +"Constitution or any other law." +"The president has assigned the following duties to the AG2 :" +"1. To appear on behalf of the Government of India in all cases" +"in the Supreme Court in which the Government of India is" +"concerned." +"2. To represent the Government of India in any reference made" +"by the president to the Supreme Court under Article 143 of" +"the Constitution." +"3. To appear (when required by the Government of India) in" +"any high court in any case in which the Government of India" +"is concerned." +" RIGHTS AND LIMITATIONS" +"" +"In the performance of his official duties, the Attorney General has" +"the right of audience in all courts in the territory of India. Further," +"he has the right to speak and to take part in the proceedings of" +"both the Houses of Parliament or their joint sitting and any" +"committee of the Parliament of which he may be named a" +"member, but without a right to vote. He enjoys all the privileges" +"and immunities that are available to a member of Parliament." +"Following limitations are placed on the Attorney General in" +"order to avoid any complication and conflict of duty:" +"1. He should not advise or hold a brief against the Government" +"of India." +"2. He should not advise or hold a brief in cases in which he is" +"called upon to advise or appear for the Government of India." +"3. He should not defend accused persons in criminal" +"prosecutions without the permission of the Government of" +"India." +"4. He should not accept appointment as a director in any" +"company or corporation without the permission of the" +"Government of India." +"5. He should not advise any ministry or department of" +"Government of India or any statutory organization or any" +"public sector undertaking unless the proposal or a reference" +"in this regard is received through the Ministry of Law and" +"Justice, Department of Legal Affairs2a." +"However, the Attorney General is not a fulltime counsel for the" +"Government. He does not fall in the category of government" +"servants. Further, he is not debarred from private legal practice." +" SOLICITOR GENERAL OF INDIA" +"" +"In addition to the AG, there are other law officers of the" +"Government of India. They are the solicitor general of India and" +"additional solicitor general of India. They assist the AG in the" +"fulfilment of his official responsibilities. It should be noted here that" +"only the office of the AG is created by the Constitution. In other" +"words, Article 76 does not mention about the solicitor general and" +"additional solicitor general." +"The AG is not a member of the Central cabinet. There is a" +"separate law minister in the Central cabinet to look after legal" +"matters at the government level3 ." +"" +"Table 52.1 Articles Related to Attorney-General of India at a" +"Glance" +"Article No. Subject-matter" +"76. Attorney-General of India" +"88. Rights of Attorney-General as respects the" +"Houses of Parliament and its Committee" +"105. Powers, privileges and immunities of Attorney-" +"General" +"" +"" +"NOTES AND REFERENCES" +"1. Article 76 of Chapter 1 (The Executive) in Part V (The" +"Union) of the Constitution deals with the office of the" +"Attorney General of India. This is the only Article dealing" +"with this office." +"2. Notification No. F. 43–50C, 26 January 1950, Gazette of" +"India, Extraordinary, Volume VII, p. 33–34." +"2a. Inserted vide G.S.R..... (E) dated 25th February, 2005." +"3. During the prime ministership of Jawaharlal Nehru, a" +"proposal was put forward by the Central government" +"that the office of the Attorney General be merged with" +"the office of the law minister. It did not materialise." +" 53 Advocate General of the State" +"" +"" +"" +"" +"T" +"he Constitution (Article 165) has provided for the office of" +"the advocate general for the states.1 He is the highest law" +"officer in the state. Thus he corresponds to the Attorney" +"General of India." +" APPOINTMENT AND TERM" +"" +"The advocate general is appointed by the governor. He must be a" +"person who is qualified to be appointed a judge of a high court. In" +"other words, he must be a citizen of India and must have held a" +"judicial office2 for ten years or been an advocate of a high court" +"for ten years3 ." +"The term of office of the advocate general is not fixed by the" +"Constitution. Further, the Constitution does not contain the" +"procedure and grounds for his removal. He holds office during the" +"pleasure of the governor. This means that he may be removed by" +"the governor at any time. He may also quit his office by submitting" +"his resignation to the governor. Conventionally, he resigns when" +"the government (council of ministers) resigns or is replaced, as he" +"is appointed on its advice." +"The remuneration of the advocate general is not fixed by the" +"Constitution. He receives such remuneration as the governor may" +"determine." +" DUTIES AND FUNCTIONS" +"As the chief law officer of the government in the state, the duties" +"of the advocate general include the following:" +"1. To give advice to the government of the state upon such" +"legal matters which are referred to him by the governor." +"2. To perform such other duties of a legal character that are" +"assigned to him by the governor." +"3. To discharge the functions conferred on him by the" +"Constitution or any other law." +"In the performance of his official duties, the advocate general is" +"entitled to appear before any court of law within the state. Further," +"he has the right to speak and to take part in the proceedings of" +"both the Houses of the state legislature or any committee of the" +"state legislature of which he may be named a member, but without" +"a right to vote. He enjoys all the privileges and immunities that are" +"available to a member of the state legislature." +"" +"Table 53.1 Articles Related to Advocate-General of the state at a" +"Glance" +"Article No. Subject-matter" +"165. Advocate-General of the State" +"177. Rights of Advocate-General as respects the" +"Houses of State Legislature and its Committee" +"194. Powers, privileges and immunities of Advocate-" +"General" +"" +"Table 53.2 Articles Related to Constitutional Bodies at a Glance" +"Article No. Constitutional Bodies" +"76. Attorney-General of India" +"148. Comptroller and Auditor-General of India" +"165. Advocate-General of the State" +"243-I. State Finance Commission" +" 243-K. State Election Commission" +"243ZD. District Planning Committee" +"243ZE. Metropolitan Planning Committee" +"263. Inter-State Council" +"279A. Goods and Services Tax Council" +"280. Finance Commission" +"307. Inter-State Trade and Commerce Commission" +"315. Union Public Service Commission and State" +"Public Service Commission" +"324. Election Commission" +"338. National Commission for Scheduled Castes" +"338A. National Commission for Scheduled Tribes" +"338B. National Commission for Backward Classes" +"339. Scheduled Areas and Scheduled Tribes" +"Commission" +"340. Backward Classes Commission" +"344. Official Language Commission and Official" +"Language Committee of Parliament" +"350B. Special Officer for Linguistic Minorities" +"" +"" +"NOTES AND REFERENCES" +"1. Article 165 of Chapter 2 (The Executive) in Part VI (The" +"States) of the Constitution deals with the office of the" +"advocate general of the state. This is the only article" +"dealing with this office." +"2. Judicial office means an office within the judicial service" +"of the state." +"3. Unlike the Supreme Court, the Constitution makes no" +"provision for appointment of an eminent jurist as a judge" +"of high court." +" PART-VIII" +"NON-CONSTITUTIONAL BODIES" +"" +"54. NITI Aayog" +"55. National Human Rights Commission" +"56. State Human Rights Commission" +"57. Central Information Commission" +"58. State Information Commission" +"59. Central Vigilance Commission" +"60. Central Bureau of Investigation" +"61. Lokpal and Lokayuktas" +"62. National Investigation Agency" +"63. National Disaster Management Authority" +" 54 NITI Aayog" +"" +"" +"ESTABLISHMENT" +"On the 13th of August, 2014, the Modi Government scrapped the 65-" +"year-old Planning Commission and announced that it would be" +"replaced by a new body. Accordingly, on January 1, 2015, the NITI" +"Aayog (National Institution for Transforming India) was established" +"as the successor to the planning commission." +"However, it must be noted here that the NITI Aayog, like that of" +"the Planning Commission, was also created by an executive" +"resolution1 of the Government of India (i.e., Union Cabinet). Hence," +"it is also neither a constitutional body nor a statutory body. In other" +"words, it is a non-constitutional or extra-constitutional body (i.e., not" +"created by the Constitution) and a non-statutory body (not created by" +"an Act of the Parliament)." +"NITI Aayog is the premier policy ‘Think Tank’ of the Government" +"of India, providing both directional and policy inputs. While designing" +"strategic and long-term policies and programmes for the" +"Government of India, NITI Aayog also provides relevant technical" +"advice to the Centre and States." +"The centre-to-state one-way flow of policy, that was the hallmark" +"of the Planning Commission era, is now sought to be replaced by a" +"genuine and continuing partnership of states." +"In a paradigmatic shift from the command and control approach of" +"the past, NITI Aayog accommodates diverse points of view in a" +"collaborative, rather than confrontationist, setting. In the spirit of" +"federalism, NITI’s own policy thinking too is shaped by a ‘bottom-up’" +"approach rather than a ‘top-down’ model." +" RATIONALE" +"" +"While explaining the reason for replacing the Planning Commission" +"with the NITI Aayog, the Union Government made the following" +"observation: “India has undergone a paradigm shift over the past six" +"decades–politically, economically, socially, technologically as well as" +"demographically. The role of Government in national development" +"has seen a parallel evolution. Keeping with these changing times," +"the Government of India has decided to set up NITI Aayog (National" +"Institution for Transforming India), in place of the erstwhile Planning" +"Commission, as a means to better serve the needs and aspirations" +"of the people of India.”2" +"The new institution will be a catalyst to the developmental" +"process; nurturing an overall enabling environment, through a" +"holistic approach to development going beyond the limited sphere of" +"the Public Sector and Government of India. This will be built on the" +"foundations of:3" +"1. An empowered role of States as equal partners in national" +"development; operationalising the principle of Cooperative" +"Federalism." +"2. A knowledge hub of internal as well as external resources;" +"serving as a repository of good governance best practices, and" +"a Think Tank offering domain knowledge as well as strategic" +"expertise to all levels of government." +"3. A collaborative platform facilitating implementation; by" +"monitoring progress, plugging gaps and bringing together the" +"various ministries at the Centre and in States, in the joint" +"pursuit of developmental goals." +"In the same context, the then Union Finance Minister Arun Jaitley" +"said: “The 65-year-old Planning Commission had become a" +"redundant organisation. It was relevant in a command economy" +"structure, but not any longer. India is a diversified country and its" +"states are in various phases of economic development along with" +"their own strengths and weaknesses. In this context, a ‘one-size-fits-" +"all’ approach to economic planning is obsolete. It cannot make India" +"competitive in today’s global economy.”4" +"The Resolution observed: “Perhaps most importantly, the" +"institution must adhere to the tenet that while incorporating positive" +" influences from the world, no single model can be transplanted from" +"outside into the Indian scenario. We need to find our own strategy for" +"growth. The new institution has to zero in on what will work in and for" +"India. It will be a Bharatiya approach to development.”" +" COMPOSITION" +"" +"The composition of the NITI Aayog is as follows:" +"(a) Chairperson: The Prime Minister of India" +"(b) Governing Council: It comprises the Chief Ministers of all the" +"States, Chief Ministers of Union Territories with Legislatures" +"(i.e., Delhi, Puducherry and Jammu and Kashmir) and Lt." +"Governors of other Union Territories." +"(c) Regional Councils: These are formed to address specific issues" +"and contingencies impacting more than one state or a region." +"These are formed for a specified tenure. These are convened" +"by the Prime Minister and comprises of the Chief Ministers of" +"States and Lt. Governors of Union Territories in the region." +"These are chaired by the Chairperson of the NITI Aayog or his" +"nominee." +"(d) Special Invitees: Experts, specialists and practitioners with" +"relevant domain knowledge as special invitees nominated by" +"the Prime Minister." +"(e) Full-time Organisational Framework: It comprises, in addition to" +"the Prime Minister as the Chairperson:" +"(i) Vice-Chairperson: He is appointed by the Prime Minister. H" +"enjoys the rank of a Cabinet Minister." +"(ii) Members: Full-time. They enjoy the rank of a Minister of State." +"(iii) Part-time Members: Maximum of 2, from leading universitie" +"research organisations and other relevant institutions in an e" +"officio capacity. Part-time members would be on a rotation." +"(iv) Ex-Officio Members: Maximum of 4 members of the Uni" +"Council of Ministers to be nominated by the Prime Minister." +"(v) Chief Executive Officer: He is appointed by the Prime Minist" +"for a fixed tenure, in the rank of Secretary to the Government" +"India." +"(vi) Secretariat: As deemed necessary." +" SPECIALISED WINGS" +"" +"NITI Aayog houses a number of specialised wings, including5 :" +"1. Research Wing: It develops in-house sectoral expertise as a" +"dedicated think tank of top notch domain experts, specialists" +"and scholars." +"2. Consultancy Wing: It provides a marketplace of whetted panels" +"of expertise and funding, for the Central and State" +"Governments to tap into matching their requirements with" +"solution providers, public and private, national and" +"international. By playing match-maker instead of providing the" +"entire service itself, NITI Aayog is able to focus its resources" +"on priority matters, providing guidance and an overall quality" +"check to the rest." +"3. Team India Wing: It comprises of the representatives from" +"every State and Ministry and serves as a permanent platform" +"for national collaboration. Each representative:" +"(a) Ensures that every State/Ministry has a continuous voice" +"and stake in the NITI Aayog." +"(b) Establishes a direct communication channel between the" +"State/Ministry and NITI Aayog for all development related" +"matters, as the dedicated liaison interface." +"NITI Aayog functions in close cooperation, consultation and" +"coordination with the Ministries of the Central Government, and" +"State Governments. While it makes recommendations to the Central" +"and State Governments, the responsibility for taking and" +"implementing decisions rests with them." +" OBJECTIVES" +"" +"The objectives of the NITI Aayog are mentioned below:" +"1. To evolve a shared vision of national development priorities," +"sectors and strategies with the active involvement of States." +"2. To foster cooperative federalism through structured support" +"initiatives and mechanisms with the States on a continuous" +"basis, recognising that strong States make a strong nation." +"3. To develop mechanisms to formulate credible plans at the" +"village level and aggregate these progressively at higher levels" +"of government." +"4. To ensure, on areas that are specifically referred to it, that the" +"interests of national security are incorporated in economic" +"strategy and policy." +"5. To pay special attention to the sections of our society that may" +"be at risk of not benefitting adequately from economic" +"progress." +"6. To design strategic and long-term policy and programme" +"frameworks and initiatives, and monitor their progress and their" +"efficacy. The lessons learnt through monitoring and feedback" +"will be used for making innovative improvements, including" +"necessary midcourse corrections." +"7. To provide advice and encourage partnerships between key" +"stakeholders and national and international like-minded think" +"tanks, as well as educational and policy research institutions." +"8. To create a knowledge, innovation and entrepreneurial support" +"system through a collaborative community of national and" +"international experts, practitioners and other partners." +"9. To offer a platform for resolution of inter-sectoral and inter-" +"departmental issues in order to accelerate the implementation" +"of the development agenda." +"10. To maintain a state-of-the-art Resource Centre, be a repository" +"of research on good governance and best practices in" +"sustainable and equitable development as well as help their" +"dissemination to stake-holders." +"11. To actively monitor and evaluate the implementation of" +"programmes and initiatives, including the identification of the" +"needed resources so as to strengthen the probability of" +"success and scope of delivery." +" 12. To focus on technology upgradation and capacity building for" +"implementation of programmes and initiatives." +"13. To undertake other activities as may be necessary in order to" +"further the execution of the national development agenda, and" +"the objectives mentioned above." +"Through the above, the NITI Aayog aims to accomplish the" +"following objectives and opportunities:6" +"1. An administration paradigm in which the Government is an" +"“enabler” rather than a “provider of first and last resort.”" +"2. Progress from “food security” to focus on a mix of agricultural" +"production, as well as actual returns that farmers get from their" +"produce." +"3. Ensure that India is an active player in the debates and" +"deliberations on the global commons." +"4. Ensure that the economically vibrant middle-class remains" +"engaged, and its potential is fully realised." +"5. Leverage India’s pool of entrepreneurial, scientific and" +"intellectual human capital." +"6. Incorporate the significant geo-economic and geo-political" +"strength of the Non-Resident Indian Community." +"7. Use urbanisation as an opportunity to create a wholesome and" +"secure habitat through the use of modern technology." +"8. Use technology to reduce opacity and potential for" +"misadventures in governance." +"The NITI Aayog aims to enable India to better face complex" +"challenges, through the following:7" +"1. Leveraging of India’s demographic dividend, and realisation of" +"the potential of youth, men and women, through education, skill" +"development, elimination of gender bias, and employment" +"2. Elimination of poverty, and the chance for every Indian to live a" +"life of dignity and self-respect" +"3. Redressal of inequalities based on gender bias, caste and" +"economic disparities" +"4. Integrate villages institutionally into the development process" +"5. Policy support to more than 50 million small businesses, which" +"are a major source of employment creation" +"6. Safeguarding our environmental and ecological assets" +" FUNCTIONS" +"The various functions performed by the NITI Aayog can be divided" +"into four main heads:" +"1. Design policy and programme framework." +"2. Foster co-operative federalism." +"3. Monitoring and evaluation." +"4. Think-tank, and Knowledge and Innovation Hub." +"The NITI Aayog is functionally divided into various Verticals which" +"are responsible for examining and looking into sectoral issues and" +"priorities for national development and economic growth." +"By dividing the entire gamut of activities in the NITI Aayog, the" +"Team India and Knowledge and Innovation Hubs were constituted," +"and accordingly Verticals and Core Divisions were created. The two" +"hubs are at the core of NITI’s efficient functioning. The Team India" +"Hub carries out the mandate of fostering ‘Cooperative Federalism’" +"and ‘Designing Policy and Programme Frameworks’. It provides" +"requisite coordination and support framework to NITI Aayog in its" +"engagement with the States. On the other hand, the Knowledge &" +"Innovation Hub ensures fulfilling the mandate of maintaining a State-" +"of-the-Art Resource Centre; to be a repository of research of good" +"governance and best practices and their dissemination to" +"stakeholders; and to provide advice and encourage partnerships" +"across key areas." +"The NITI Aayog uniquely focus thematic policy interventions" +"which encourages convergence across central ministries, state" +"governments, development partners, sector experts and" +"professionals. This convergence approach to governance is applied" +"to achieve the objectives of NITI Aayog." +"The different Verticals of NITI Aayog provide the requisite co-" +"ordination and support framework for NITI Aayog to carry out its" +"mandate. The list of Verticals is as follows:" +"1. Agriculture" +"2. Data Management & Analysis" +"3. Energy" +"4. Financial Resources" +"5. Governance & Research" +"6. Governing Council Secretariat" +"7. Health" +" 8. Human Resource Development" +"9. Industry" +"10. Infrastructure Connectivity" +"11. Land & Water Resources" +"12. Managing Urbanisation" +"13. Natural Resources & Environment" +"14. NGO Darpan" +"15. Project Appraisal & Management Division (PAMD)" +"16. Public-Private Partnerships" +"17. Rural Development" +"18. Science & Technology" +"19. Skill Development & Employment" +"20. Social Justice & Empowerment" +"21. State Coordination and Decentralized Planning" +"22. Sustainable Development Goals" +"23. Voluntary Action Cell" +"24. Women & Child Development" +" GUIDING PRINCIPLES" +"In carrying out the above functions, the NITI Aayog is guided by the" +"following principles8 :" +"1. Antyodaya: Prioritise service and uplift of the poor," +"marginalised and downtrodden, as enunciated in Pandit" +"Deendayal Upadhyay’s idea of ‘Antyodaya’." +"2. Inclusion: Empower vulnerable and marginalised sections," +"redressing identitybased inequalities of all kinds–gender," +"region, religion, caste or class." +"3. Village: Integrate our villages into the development process, to" +"draw on the vitality and energy of the bedrock of our ethos," +"culture and sustenance." +"4. Demographic dividend: Harness our greatest asset, the people" +"of India; by focussing on their development, through education" +"and skilling, and their empowerment, through productive" +"livelihood opportunities." +"5. People’s Participation: Transform the developmental process" +"into a people-driven one, making an awakened and" +"participative citizenry–the driver of good governance." +"6. Governance: Nurture an open, transparent, accountable, pro-" +"active and purposeful style of governance, transitioning focus" +"from Outlay to Output to Outcome." +"7. Sustainability: Maintain sustainability at the core of our" +"planning and developmental process, building on our ancient" +"tradition of respect for the environment." +"Therefore, the NITI Aayog is based on the following seven pillars" +"of effective governance:" +"(i) Pro-people agenda that fulfils the aspirations of the society as" +"well as individuals." +"(ii) Pro-active in anticipating and responding to citizen needs." +"(iii) Participative, by involvement of citizens." +"(iv) Empowering women in all aspects." +"(v) Inclusion of all groups with special attention to the SCs, STs," +"OBCs and minorities." +"(vi) Equality of opportunity for the youth." +"(vii) Transparency through the use of technology to make" +"government visible and responsive." +" Through its commitment to a cooperative federalism, promotion of" +"citizen engagement, egalitarian access to opportunity, participative" +"and adaptive governance and increasing use of technology, the NITI" +"Aayog seeks to provide a critical directional and strategic input into" +"the development process. This, along with being the incubator of" +"ideas for development, is the core mission of NITI Aayog." +" COOPERATIVE FEDERALISM" +"The NITI Aayog has been constituted to actualize the important goal" +"of cooperative federalism and to enable good governance in India, to" +"build strong states that will make a strong nation. In a truly federal" +"state, several objectives that ought to be achieved may carry political" +"ramifications throughout the country. It is impossible for any federal" +"government to achieve the national objectives without active" +"cooperation from state governments. It is, therefore, crucial that the" +"Centre and State governments work together as equals8a." +"The two key features or aspects of Cooperative Federalism are:" +"(i) Joint focus on the National Development Agenda by the Centr" +"and the States; and" +"(ii) Advocacy of State perspectives with Central Ministries8b." +"In keeping with this, the NITI Aayog has been mandated the task" +"of evolving a shared vision of national development priorities, sectors" +"and strategies with the active involvement of States. These priorities" +"ought to reflect the national objectives and foster cooperative" +"federalism through structured support to States on a continuous" +"basis. The NITI Aayog ought also to help states develop" +"mechanisms to formulate credible plans at the village level and" +"aggregate these progressively at higher levels of government. The" +"aim is to progress from a stage when the Centre decided" +"development policies to a truly federal government wherein States" +"are equal stakeholders in the planning process8c." +"The policy of the Government to involve State governments is" +"reflected in changes in the interaction processes of the NITI Aayog." +"Consistent with its mandate, the NITI Aayog has undertaken several" +"crucial initiatives to ensure that States are equal partners in the" +"policy making and implementing process8d." +"At the meetings of the Governing Council of NITI Aayog, the" +"Prime Minister highlighted the importance of NITI Aayog as a" +"platform to inspite cooperative federalism, stressing on the need for" +"effective center-state cooperation to advance development" +"outcomes and achieve double-digit and inclusive growth for India." +"It is the constant endeavor of NITI Aayog to evolve a shared" +"vision of national priorities, sectors, and strategies with the active" +"involvement of States, wherein States are equal stakeholders in the" +" planning process as well. In keeping with this, the Vice-Chairman of" +"NITI Aayog committed himself to visit all States, to develop and offer" +"a platform for resolution of inter-sectoral and inter-departmental" +"issues in order to accelerate the implementation of the development" +"agenda." +"The NITI Aayog has also established models and programmes for" +"development of infrastructure and to reignite and establish Private-" +"Public Partnership, such as the Centre-State partnership model:" +"Development Support Services to States (DSSS); and the" +"Sustainable Action For Transforming Human Capital (SATH)" +"programme which is designed to help States improve their social" +"sector indicators by providing them technical support." +"Further, with the aim of correcting regional development" +"imbalance, the NITI Aayog has taken special steps for regions" +"needing special attention and support, like the North Eastern States," +"Island States and hilly Himayalan States by constituting special" +"forums to identify their specific constraints, formulating special" +"policies to ensure sustainable development takes place in these" +"regions while also protecting their abundant natural resources." +"From the above discussion, we can summarise the various" +"manifestions of Cooperative Federalism in the working of the NITI" +"Aayog:" +"1. Meetings of Governing Council" +"2. Sub-groups of Chief Ministers on different subjects" +"3. Task Forces on specific subjects" +"4. NITI Forum for North East" +"5. Sustainable Development in the Indian Himayalan Region" +"6. Development Support Services to States" +"7. Sustainable Action For Transforming Human Capital (SATH)" +" CRITICISM" +"Hitting out at the government for its decision to restructure the" +"Planning Commission and rechristen it as “NITI Aayog”, the" +"Opposition said the move is just a “fluff” and mere “gimmickry”. They" +"also expressed their apprehension that the new body will pave the" +"way for discrimination, as “corporates will call the shots” in policy-" +"making in the country." +"CPI(M) leader Sitaram Yechury termed the renaming of the" +"Planning Commission as aniti aur durniti (no policy and bad policy)." +"Mr. Yechury said, “just a change of nomenclature and gimmickry" +"does not serve any purpose. Let us see what the government plans" +"to do with it”." +"“If the government wants to greet people with fluff and not" +"substance on the first day of 2015, then there is nothing more that" +"can be said... If the North Block or the Finance Ministry has a very" +"short-term view of both fiscal and monetary objective and is going to" +"be the final arbiter between the states and the Centre... it being the" +"stakeholder in the process... I am afraid, is going to discriminate" +"against the states,” Congress leader Manish Tewari said." +"“After all, what was the Planning Commission doing? It used to" +"plan policy. So by changing the nomenclature from Planning" +"Commission to NITI Aayog what is the message this government is" +"trying to send,” Mr. Tewari said, adding that Congress’ opposition to" +"restructuring of the Planning Commission was based on “principles”." +"“It’s not a question of fighting a war, it’s a matter of principle. The" +"Opposition Bharatiya Janata Party used to go extra lengths talking" +"about federalism and how the sanctity and sacrosanct of federalism" +"has to be maintained. And now they are going exactly the reverse,”" +"the Congress leader said." +"Veteran CPI leader Gurudas Dasgupta said that dismantling of the" +"Planning Commission and bringing in a new body in its place will" +"lead to an unregulated economy. “It is not a change of name. The" +"Planning Commission is being abolished because they (government)" +"don’t believe in planning,” he said." +"“The government would like to have a fullmarket economy (which" +"is) totally unregulated,” Mr. Dasgupta said adding. “If this becomes" +"the policy of the government to not help advance the country, control" +" inflation and create job opportunities, it will not be good for the" +"country”.9" +"“Mere change of name from Yojana Aayog to NITI is not" +"objectionable if it is coupled with real reform. Otherwise, it will be" +"purely cosmetic like earlier naming ceremonies,” Congress" +"spokesperson Abhishek Manu Singhvi said. He said the Congress" +"would have supported constructive reform of the Planning" +"Commission. But the “alteration of identity and basic structure”, he" +"said, “is being done because of anti-Nehruvianism and anti-" +"Congression.”10" +"CPI(M) central committee member Md Selim, MP, said no" +"meaningful purpose would be served by just renaming the Planning" +"Commission. Alleging that the BJP government had decided to" +"dissolve the planning commission “to dilute the planning process”, he" +"said the government should have given more teeth to the National" +"Development Council instead.11" +" ATTACHED OFFICES" +"" +"There are two offices attached to the NITI Aayog. They are" +"explained below:" +"" +"1. National Institute of Labour Economics Research and" +"Development" +"The National Institute of Labour Economics Research and" +"Development (NILERD) was formerly known as the Institute of" +"Applied Manpower Research (IAMR). It is a central autonomous" +"organization attached to the NITI Aayog. Its primary objectives are" +"research, data collection, education and training in all aspects of" +"human capital planning, human resource development, and" +"monitoring and evaluation." +"The IAMR was established in 1962 under the Societies" +"Registration Act of 1860 as an institution that would function as a" +"clearinghouse of ideas and undertake policy research on human" +"capital development to inform perspective planning and promote" +"policy integration. The main object of the Institute is to advance" +"knowledge about the nature, characteristics and utilisation of human" +"resources through research, education and training, consultancy," +"etc." +"The IAMR has been renamed as NILERD in 2014. The NILERD is" +"mainly funded by grants-in-aid from the NITI Aayog (formerly" +"Planning Commission), and supplemented by its own revenue from" +"contracted research projects, and education and training activities." +"The prime objective of NILERD has been to develop an institutional" +"framework capable of sustaining and steering a systematic applied" +"human resource planning research process." +"Since its inception, the Institute has carved out its own trajectory" +"to achieve academic heights, and in the process, developed a range" +"of academic activities not only in the field of human resource" +"planning and development, but also in monitoring and evaluation of" +"public policies and programmes. During the past few years, the" +"Institute has exhibited remarkable dynamism in addressing the" +"issues of national priorities. The Institute has emerged as a" +"pioneering institute in providing academic training on human" +"resource planning and development for both international and" +"national participants." +" The Institute moved to its own campus at Narela in 2002. Narela" +"is a developing urban and institutional hub declared as a special" +"economic zone for knowledge in the National Capital Region." +"" +"2. Development Monitoring and Evaluation Office:" +"The need for an efficient and independent evaluation mechanism in" +"India was recognized by the planners and policy-makers right from" +"the introduction of planning process in the country and resultantly," +"the Programme Evaluation Organization was established by the" +"Government in 1952 to carry out independent and objective impact" +"evaluation of the Central Government funded programmes." +"The Development Monitoring and Evaluation Office (DMEO) was" +"established by the Government in 2015 as an attached office of the" +"NITI Aayog by merging the erstwhile Programme Evaluation" +"Organization and the Independent Evaluation Office. The DMEO is" +"headed by the Director General who is equivalent to an Additional" +"Secretary to the Government of India. To ensure that DMEO is able" +"to function independently and effectively, it has been provided with" +"separate budgetary allocations and manpower in addition to" +"complete functional autonomy." +"The DMEO has been mandated to actively monitor and evaluate" +"the implementation of the programmes and initiatives of the" +"Government of India, including the identification of the needed" +"resources so as to strengthen the probability of the success and" +"scope of delivery." +"The functions of DMEO are:" +"1. Monitor the implementation of Government programmes" +"2. Help Ministries in designing TORs for evaluation studies" +"3. Monitor the implementation and progress of SDGs" +"4. Promote the spirit of Cooperative Federalism" +"5. Conduct evaluation of the Government programmes" +"At the NITI Aayog level, the programme evaluation work is being" +"looked after under the overall guidance of the Vice-Chairman, NITI" +"Aayog. In addition to the Director General, the DMEO has been" +"provided with 4 Deputy Director Generals (SAG level) to look after" +"the functional mandate in addition to the Joint Secretary (Adm. &" +"Fin.) who is to provide administrative and logistics support. The" +"Headquarter of DMEO is in NITI Aayog, New Delhi." +"The DMEO had 15 Regional Offices known as Regional" +"Development Monitoring and Evaluation Offices (RDMEOs). Each" +" RDMEO was headed by a Director level officer. The RDMEOs" +"conducted field surveys and data/ information collection work for" +"evaluation studies, and they also played an important role in" +"promoting cooperative federalism by their interaction with the States" +"and UT administrations. However, keeping in view the changed" +"functional requirements, they were closed in 2017 and the staff were" +"transferred to DMEO Hqrs in New Delhi." +" ERSTWHILE PLANNING COMMISSION" +"The erstwhile Planning Commission was established in March 1950" +"by an executive resolution of the Government of India, (i.e., the" +"Union Cabinet) on the recommendation of the Advisory Planning" +"Board constituted in" +"1946, under the chairmanship of K.C. Neogi. Thus, the erstwhile" +"Planning Commission was neither a constitutional body nor a" +"statutory body. In India, it was the supreme organ of planning for" +"social and economic development." +"" +"Functions" +"The functions of the erstwhile Planning Commission included the" +"following:" +"1. To make an assessment of material, capital and human" +"resources of the country, and investigate the possibilities of" +"augmenting them." +"2. To formulate a plan for the most effective and balanced" +"utilisation of the country’s resources." +"3. To determine priorities and to define the stages in which the" +"plan should be carried out." +"4. To indicate the factors that retard economic development." +"5. To determine the nature of the machinery required for" +"successful implementation of the plan in each stage." +"6. To appraise, from time to time, the progress achieved in" +"execution of the plan and to recommend necessary" +"adjustments." +"7. To make appropriate recommendations for facilitating the" +"discharge of its duties, or on a matter referred to it for advice by" +"Central or state governments." +"The Allocation of Business Rules had assigned the following" +"matters (in addition to the above) to the erstwhile Planning" +"Commission:" +"1. Public Co-operation in National Development" +"2. Specific programmes for area development notified from time" +"to time" +"3. Perspective Planning" +"4. Institute of Applied Manpower Research" +"5. Unique Identification Authority of India (UIDAI)" +" 6. All matters relating to National Rainfed Area Authority (NRAA)" +"Earlier, the National Informatics Centre was also under the" +"erstwhile Planning Commission. Later, it was brought under the" +"Ministry of Information Technology." +"It should be noted that the erstwhile Planning Commission was" +"only a staff agency–an advisory body and had no executive" +"responsibility. It was not responsible for taking and implementing" +"decisions. This responsibility rested with the Central and State" +"Governments." +"" +"Composition" +"The following points can be noted in context of the composition" +"(membership) of the erstwhile Planning Commission:" +"1. The Prime Minister of India was the chairman of the" +"commission. He presided over the meetings of the commission." +"2. The commission had a deputy chairman. He was the de facto" +"executive head (i.e., full-time functional head) of the" +"commission. He was responsible for the formulation and" +"submission of the draft of Five-Year Plan to the Central cabinet." +"He was appointed by the Central cabinet for a fixed tenure and" +"enjoyed the rank of a Cabinet Minister. Though he was not a" +"member of cabinet, he was invited to attend all its meetings" +"(without a right to vote)." +"3. Some Central Ministers were appointed as part-time members" +"of the commission. In any case, the finance minister and" +"planning minister were the exofficio (by virtue of) members of" +"the commission." +"4. The commission had four to seven fulltime expert members." +"They enjoyed the rank of a minister of state." +"5. The commission had a member-secretary. He was usually a" +"senior member of IAS. The state governments were not" +"represented in the commission in any way. Thus, the erstwhile" +"Planning Commission was wholly a Centre-constituted body." +"" +"Critical Evaluation" +"The erstwhile Planning Commission was originally established as a" +"staff agency with advisory role but in the course of time it had" +"emerged as a powerful and directive authority whereby its" +"recommendations were considered both by the Union and states." +"The critics had described it as a ‘Super Cabinet’, an ‘Economic" +" Cabinet’, a ‘Parallel Cabinet’, the ‘Fifth Wheel of the Coach’ and so" +"on." +"The following observations were made on the domineering role" +"played by the erstwhile Planning Commission." +"1. Administrative Reforms Commission (ARC) of India: The ARC" +"observed: ‘Under the Constitution, the ministers, whether in the" +"Centre or the states, are in effect, the ultimate executive" +"authorities. Unfortunately, the Planning Commission has, in" +"some measures, earned the reputation of being a Parallel" +"Cabinet and sometimes, a Super Cabinet’.12" +"2. K. Santhanam This eminent constitutional expert stated that," +"‘Planning has superseded the federation and our country is" +"functioning like a unitary system in many respects.13" +"3. P.V. Rajamannar Rajamannar, the Chairman of the Fourth" +"Finance Commission, highlighted the overlapping of functions" +"and responsibilities between the erstwhile Planning" +"Commission and Finance Commission in federal fiscal" +"transfers.14" +" NATIONAL DEVELOPMENT COUNCIL" +"" +"On the 1st of January, 2016, it was reported15 that the Modi" +"government is also going to abolish the National Development" +"Council (NDC) and transfer its powers to the Governing Council of" +"the NITI Aayog. However, till now (October 2019), such a resolution" +"has not been passed." +"It must also be noted here that the last meeting (57th) of the NDC" +"was held on the 27th of December, 2012 to approve the 12th Plan" +"(2012–2017)." +"The National Development Council (NDC) was established in" +"August 1952 by an executive resolution of the Government of India" +"on the recommendation of the First Five Year Plan (draft outline)." +"Like the erstwhile Planning Commission, it is neither a constitutional" +"body nor a statutory body.16" +"" +"Composition" +"The NDC is composed of the following members." +"1. The Prime Minister of India (as its chairman/head)." +"2. All Union Cabinet Ministers (since 1967).17" +"3. The Chief Ministers of all the states." +"4. The Chief Ministers/administrators of all union territories." +"5. Members of the Planning Commission (now NITI Aayog)." +"The secretary of the Planning Commission (now NITI Aayog) acts" +"as the secretary to the NDC. It (NDC) is also provided with" +"administrative and other assistance for its work by the Planning" +"Commission (now NITI Aayog)." +"" +"Objectives" +"The NDC was established with the following objectives." +"1. To secure cooperation of states in the execution of the Plan." +"2. To strengthen and mobilise the efforts and resources of the" +"nation in support of the Plan." +"3. To promote common economic policies in all vital spheres." +"4. To ensure balanced and rapid development of all parts of the" +"country." +"" +"Functions" +" To realise the above objectives, the NDC is assigned with the" +"following functions:" +"1. To prescribe guidelines for preparation of the national Plan." +"2. To consider the national Plan as prepared by the Planning" +"Commission (now NITI Aayog)." +"3. To make an assessment of the resources required for" +"implementing the Plan and to suggest measures for" +"augmenting them." +"4. To consider important questions of social and economic policy" +"affecting national development." +"5. To review the working of the national Plan from time to time." +"6. To recommend measures for achievement of the aims and" +"targets set out in the national Plan." +"The Draft Five-Year Plan prepared by the Planning Commission" +"(now NITI Aayog) is first submitted to the Union Cabinet. After its" +"approval, it is placed before the NDC, for its acceptance. Then, the" +"Plan is presented to the Parliament. With its approval, it emerges as" +"the official Plan and published in the official gazette." +"Therefore, the NDC is the highest body, below the Parliament," +"responsible for policy matters with regard to planning for social and" +"economic development. However, it is listed as an advisory body to" +"the Planning Commission (now NITI Aayog) and its" +"recommendations are not binding. It makes its recommendations to" +"the Central and state governments and should meet at least twice" +"every year." +"Critical Evaluation The first and foremost function of NDC is to act" +"as a bridge and link between the Central Government, the State" +"Governments and the Planning Commission (now NITI Aayog)" +"especially in the field of planning, to bring about coordination of" +"policies and programmes of plans. It has been, to a large extent" +"successful in this regard. Besides, it has also served as a forum for" +"Centre-State deliberations on matters of national importance, and" +"also as a device for sharing responsibility between them in the" +"federal political system." +"However, two diametrically opposite views have been expressed" +"on its working. On one hand, it has been described as a ‘Super" +"Cabinet’ due to its wide and powerful composition, though its" +"recommendations are only advisory and not binding, and can hardly" +"be ignored as they are backed by a national mandate. On the other" +"hand, it has been described as a mere ‘rubber stamp’ of the policy" +" decisions already taken by the Union government. This is mainly due" +"to the Congress Party rule both at the Centre and states for a long" +"period. However, due to the emergence of regional parties in various" +"states, the NDC is steadily acquiring its federal character and thus" +"providing a greater say to the states in the preparation of national" +"plans." +"" +"" +"NOTES AND REFERENCES" +"1. Resolution of the Cabinet Secretariat vide No." +"511/2/1/2015-Cab., dated the 1st of January, 2015," +"published in the Gazette of India, Extraordinary, Part I," +"Section 1, dated the 7th of January, 2015." +"2. Government of India document on NITI Aayog entitled as" +"“From Planning to NITI–Transforming India’s Development" +"Agenda”, dated February 8, 2015." +"3. Ibid." +"4. “We will use every provision in the Constitution to push" +"reforms”, OPEN Magazine, January 9, 2015." +"5. See Reference 2 above." +"6. Press Information Bureau release on NITI Aayog, dated" +"January 1, 2015." +"7. Ibid." +"8. See Reference 2 above." +"8a. Annual Report 2017–2018, NITI Aayog, Government of" +"India, p.14." +"8b. Ibid." +"8c. Ibid." +"8d. Ibid." +"9. “Opposition attacks government over plan panel new" +"avatar”, The Asian Age, page No.2, dated January 2," +"2015" +"10. “Renaming of Plan Panel due to ‘anti-Nehruvianism’:" +"Congress”, The Indian Express, page No.9, dated January" +"2, 2015." +"11. “Left parties slam Centre for renaming plan panel”, The" +"Statesman, dated January 2, 2015." +"12. Interim Report on the Machinery for Planning, 1967, Para" +"15" +" 13. K. Santhanam, Union-State Relations in India, Asia" +"Publishing House, 1960, p. 70." +"14. Report of the Fourth Finance Commission, New Delhi," +"Government of India, 1965, pp. 88–90." +"15. “NDC to be scrapped, NITI Aayog council likely to get its" +"powers”, The Hindu, dated January 1, 2016." +"16. The Sarkaria Commission on Centre-State Relations" +"(1983–1987) recommended that the NDC should be given" +"a constitutional status under Article 263 of the Constitution" +"and should be renamed as National Economic and" +"Development Council." +"17. Before 1967, only selected cabinet ministers like Home," +"Finance, Defence, External Affairs, and so on were" +"members of the NDC." +" 55 National Human Rights Commission" +"" +"" +"ESTABLISHMENT OF THE COMMISSION" +"The National Human Rights Commission is a statutory (and not a" +"constitutional) body. It was established in 1993 under a legislation" +"enacted by the Parliament, namely, the Protection of Human" +"Rights Act, 19931 ." +"The commission is the watchdog of human rights in the country," +"that is, the rights relating to life, liberty, equality and dignity of the" +"individual guaranteed by the Constitution or embodied in the" +"international covenants2 and enforceable by courts in India." +"The specific objectives of the establishment of the commission" +"are3 :" +"(a) To strengthen the institutional arrangements through which" +"human rights issues could be addressed in their entirety in a" +"more focussed manner;" +"(b) To look into allegations of excesses, independently of the" +"government, in a manner that would underline the" +"government’s commitment to protect human rights; and" +"(c) To complement and strengthen the efforts that have already" +"been made in this direction." +" COMPOSITION OF THE COMMISSION" +"" +"The commission is a multi-member body consisting of a" +"chairperson and five members. The chairperson should be a" +"retired chief justice of India or a judge of the Supreme Court and" +"members should be a serving or retired judge of the Supreme" +"Court, a serving or retired chief justice of a high court and three" +"persons (out of which atleast one should be a woman) having" +"knowledge or practical experience with respect to human rights. In" +"addition to these full-time members, the commission also has" +"seven ex-officio members–the chairpersons of the National" +"Commission for Minorities, the National Commission for SCs, the" +"National Commission for STs, the National Commission for" +"Women, the National Commission for BCs and the National" +"Commission for Protection of Child Rights and the Chief" +"Commissioner for Persons with Disabilities." +"The chairperson and members are appointed by the president" +"on the recommendations of a six-member committee consisting of" +"the prime minister as its head, the Speaker of the Lok Sabha, the" +"Deputy Chairman of the Rajya Sabha, leaders of the Opposition in" +"both the Houses of Parliament and the Central home minister." +"Further, a sitting judge of the Supreme Court or a sitting chief" +"justice of a high court can be appointed only after consultation" +"with the chief justice of India." +"The chairperson and members hold office for a term of three" +"years or until they attain the age of 70 years, whichever is earlier." +"They are elligible for re-appointment. After their tenure, the" +"chairperson and members are not eligible for further employment" +"under the Central or a state government." +"The president can remove the chairperson or any member from" +"the office under the following circumstances:" +"(a) If he is adjudged an insolvent; or" +"(b) If he engages, during his term of office, in any paid" +"employment outside the duties of his office; or" +"(c) If he is unfit to continue in office by reason of infirmity of mind" +"or body; or" +" (d) If he is of unsound mind and stand so declared by a" +"competent court; or" +"(e) If he is convicted and sentenced to imprisonment for an" +"offence." +"In addition to these, the president can also remove the" +"chairperson or any member on the ground of proved misbehaviour" +"or incapacity. However, in these cases, the president has to refer" +"the matter to the Supreme Court for an inquiry. If the Supreme" +"Court, after the inquiry, upholds the cause of removal and advises" +"so, then the president can remove the chairperson or a member." +"The salaries, allowances and other conditions of service of the" +"chairperson or a member are determined by the Central" +"government. But, they cannot be varied to his disadvantage after" +"his appointment." +"All the above provisions are aimed at securing autonomy," +"independence and impartiality in the functioning of the" +"Commission." +" FUNCTIONS OF THE COMMISSION" +"" +"The functions of the Commission are:" +"(a) To inquire into any violation of human rights or negligence in" +"the prevention of such violation by a public servant, either" +"suo motu or on a petition presented to it or on an order of a" +"court." +"(b) To intervene in any proceeding involving allegation of" +"violation of human rights pending before a court." +"(c) To visit jails and detention places to study the living" +"conditions of inmates and make recommendation thereon." +"(d) To review the constitutional and other legal safeguards for" +"the protection of human rights and recommend measures for" +"their effective implementation." +"(e) To review the factors including acts of terrorism that inhibit" +"the enjoyment of human rights and recommend remedial" +"measures." +"(f) To study treaties and other international instruments on" +"human rights and make recommendations for their effective" +"implementation." +"(g) To undertake and promote research in the field of human" +"rights." +"(h) To spread human rights literacy among the people and" +"promote awareness of the safeguards available for the" +"protection of these rights." +"(i) To encourage the efforts of nongovernmental organisations" +"(NGOs) working in the field of human rights." +"(j) To undertake such other functions as it may consider" +"necessary for the promotion of human rights." +" WORKING OF THE COMMISSION" +"" +"The commission’s headquarters is at Delhi and it can also" +"establish offices at other places in India. It is vested with the" +"power to regulate its own procedure. It has all the powers of a civil" +"court and its proceedings have a judicial character. It may call for" +"information or report from the Central and state governments or" +"any other authority subordinate thereto." +"The commission has its own nucleus of investigating staff for" +"investigation into complaints of human rights violations. Besides, it" +"is empowered to utilise the services of any officer or investigation" +"agency of the Central government or any state government for the" +"purpose. It has also established effective cooperation with the" +"NGOs with first-hand information about human rights violations." +"The commission is not empowered to inquire into any matter" +"after the expiry of one year from the date on which the act" +"constituting violation of human rights is alleged to have been" +"committed. In other words, it can look into a matter within one" +"year of its occurrence4 ." +"The commission may take any of the following steps during or" +"upon the completion of an inquiry:" +"(a) it may recommend to the concerned government or authority" +"to make payment of compensation or damages to the victim;" +"(b) it may recommend to the concerned government or authority" +"the initiation of proceedings for prosecution or any other" +"action against the guilty public servant;" +"(c) it may recommend to the concerned government or authority" +"for the grant of immediate interim relief to the victim;" +"(d) it may approach the Supreme Court or the high court" +"concerned for the necessary directions, orders or writs." +" ROLE OF THE COMMISSION" +"" +"From the above, it is clear that the functions of the commission" +"are mainly recommendatory in nature. It has no power to punish" +"the violators of human rights, nor to award any relief including" +"monetary relief to the victim. Notably, its recommendations are not" +"binding on the concerned government or authority. But, it should" +"be informed about the action taken on its recommendations within" +"one month. In this context, a former member of the Commission" +"observed5 : ‘The government cannot wash away the" +"recommendations made by the Commission. The commission’s" +"role may be recommendatory, advisory, yet the Government" +"considers the cases forwarded by it. It is, therefore, improper to" +"say that the commission is powerless. It enjoys great material" +"authority and no government can ignore its recommendation’." +"Moreover, the commission has limited role, powers and" +"jurisdiction with respect to the violation of human rights by the" +"members of the armed forces6. In this sphere, the commission" +"may seek a report from the Central government and make its" +"recommendations. The Central government should inform the" +"Commission of the action taken on the recommendations within" +"three months." +"The commission submits its annual or special reports to the" +"Central government and to the state government concerned." +"These reports are laid before the respective legislatures, along" +"with a memorandum of action taken on the recommendations of" +"the commission and the reasons for non-acceptance of any of" +"such recommendations." +" PERFORMANCE OF THE COMMISSION" +"" +"The various human rights issues taken up by the Commission are" +"as follows:" +"1. Abolition of Bonded Labour" +"2. Functioning of the Mental Hospitals at Ranchi, Agra and" +"Gwalior" +"3. Functioning of the Government Protective Home (Women)," +"Agra" +"4. Issues Concerning Right to Food" +"5. Review of the Child Marriage Restraint Act, 1929" +"6. Protocols to the Convention on the Rights of the Child" +"7. Preventing Employment of Children by Government" +"Servants: Amendment of Service Rules" +"8. Abolition of Child Labour" +"9. Guidebook for the Media on Sexual Violence against" +"Children" +"10. Trafficking in Women and Children: Manual for the Judiciary" +"for Gender Sensitisation" +"11. Sensitisation Programme on Prevention of Sex Tourism and" +"Trafficking" +"12. Maternal Anemia and Human Rights" +"13. Rehabilitation of Destitute Women in Vrindavan" +"14. Combating Sexual Harassment of Women at the Work" +"Place" +"15. Harassment of Women Passengers in Trains" +"16. Abolition of Manual Scavenging" +"17. Dalits Issues including Atrocities Perpetrated on them" +"18. Problems Faced by Denotified and Nomadic Tribes" +"19. Rights of the Disabled Persons" +"20. Issues Related to Right to Health" +"21. Rights of Persons Affected by HIV / AIDS" +"22. Relief Work for the Victims of 1999 Orissa Cyclone" +"23. Monitoring of Relief Measures undertaken after Gujarat" +"Earthquake (2001)" +"24. District Complaints Authority" +"25. Population Policy - Development and Human Rights" +" 26. Review of Statutes, including Terrorist & Disruptive Activities" +"Act, and (Draft) Prevention of Terrorism Bill, 2000" +"27. Protection of Human Rights in Areas of Insurgency and" +"Terrorism" +"28. Guidelines to Check Misuse of the Power of Arrest by the" +"Police" +"29. Setting up of Human Rights Cells in the State / City Police" +"Headquarters" +"30. Steps to Check Custodial Deaths, Rape and Torture" +"31. Accession to the Convention against Torture, Additional" +"Protocols to the Geneva Conventions." +"32. Discussion on Adoption of a Refugee Law for the Country" +"33. Systemic Reforms of Police, Prisons and other Centers of" +"Detention" +"34. Review of Laws, Implementation of Treaties, and the" +"International Instruments on Human Rights" +"35. Promotion of Human Rights Literacy and Awareness in the" +"Educational System" +"36. Human Rights Training for the Armed Forces and Police," +"Public Authorities and Civil Society" +"37. Action Research on Trafficking." +"38. Research through well-known academic institutions and" +"NGOs on various issues relating to human rights." +"39. Constitution with NGOs and experts / specialists on human" +"rights issues." +"" +"" +"NOTES AND REFERENCES" +"1. The president promulgated the Protection of Human" +"Rights Ordinance on September 28, 1993." +"Subsequently, the Protection of Human Rights Bill," +"1993, was passed by both the Houses of Parliament" +"and received the assent of the President on January 8," +"1994. The act came into force with retrospective effect" +"from September 28, 1993." +"2. ‘International covenants’ means the International" +"Covenant on Civil and Political Rights and the" +"International Covenant on Economic, Social and" +" Cultural Rights adopted by the General Assembly of the" +"United Nations on December 16, 1966 and such other" +"Covenant or Convention adopted by the General" +"Assembly of the UN as the Central Government may" +"specify. The Indian government acceded to these two" +"International Covenants on April 10 1979." +"3. T.K. Thommen, ‘Human Rights Commission’, Cochin" +"University Law Review, Vol. XVII, nos. 1 and 2, March-" +"June 1993, p. 67–68." +"4. A.M. Ahmadi Committee set up by the Commission" +"recommended that the Commission should be" +"empowered to inquire into any matter after the expiry of" +"one year, if there is sufficient reason for not filing the" +"complaint within the said period." +"5. Justice V.S. Malimath, ‘Role of Human Rights" +"Commission’, Human Rights in India: Problems and" +"Perspectives, B.P. Singh Sehgal (ed.), Deep" +"Publications, 1995, p. 17–20." +"6. Under the Act, ‘armed forces’ means the naval, military" +"and air forces and includes any other armed forces of" +"the Union. A.M. Ahmadi Committee set up by the" +"commission recommended that the definition of the" +"‘armed forces’ should be changed in a way that it" +"includes only navy, army and air force, not para-military" +"forces." +" 56 State Human Rights Commission" +"" +"" +"" +"" +"T" +"he Protection of Human Rights Act of 1993 provides for the" +"creation of not only the National Human Rights" +"Commission but also a State Human Rights Commission at" +"the state level1. Accordingly, twenty six states have constituted the" +"State Human Rights Commissions through Official Gazette" +"Notifications2 ." +"A State Human Rights Commission can inquire into violation of" +"human rights only in respect of subjects mentioned in the State" +"List (List-II) and the Concurrent List (List-III) of the Seventh" +"Schedule of the Constitution. However, if any such case is already" +"being inquired into by the National Human Rights Commission or" +"any other Statutory Commission, then the State Human Rights" +"Commission does not inquire into that case." +"The central government may confer upon the State Human" +"Rights Commissions the functions relating to human rights being" +"discharged by the union territories, except the union territory of" +"Delhi. The functions relating to human rights in case of union" +"territory of Delhi are to be dealt with by the National Human Rights" +"Commission." +" COMPOSITION OF THE COMMISSION" +"" +"The State Human Rights Commission is a multi-member body" +"consisting of a chairperson and two members3. The chairperson" +"should be a retired Chief Justice or a Judge of a High Court and" +"members should be a serving or retired judge of a High Court or a" +"District Judge in the state with a minimum of seven years" +"experience as District Judge and a person having knowledge or" +"practical experience with respect to human rights." +"The chairperson and members are appointed by the Governor" +"on the recommendations of a committee consisting of the chief" +"minister as its head, the speaker of the Legislative Assembly, the" +"state home minister and the leader of the opposition in the" +"Legislative Assembly. In the case of a state having Legislative" +"Council, the chairman of the Council and the leader of the" +"opposition in the Council would also be the members of the" +"committee. Further, a sitting judge of a High Court or a sitting" +"District Judge can be appointed only after consultation with the" +"Chief Justice of the High Court of the concerned state." +"The chairperson and members hold office for a term of three" +"years or until they attain the age of 70 years, whichever is earlier." +"They are elligible for re-appointment. After their tenure, the" +"chairperson and members are not eligible for further employment" +"under a state government or the Central government." +"Although the chairperson and members of a State Human" +"Rights Commission are appointed by the governor, they can be" +"removed only by the President (and not by the governor). The" +"President can remove them on the same grounds and in the same" +"manner as he can remove the chairperson or a member of the" +"National Human Rights Commission. Thus, he can remove the" +"chairperson or a member under the following circumstances:" +"(a) If he is adjudged an insolvent; or" +"(b) If he engages, during his term of office, in any paid" +"employment outside the duties of his office; or" +"(c) If he is unfit to continue in office by reason of infirmity of mind" +"or body; or" +" (d) If he is of unsound mind and stands so declared by a" +"competent court; or" +"(e) If he is convicted and sentenced to imprisonment for an" +"offence." +"In addition to these, the president can also remove the" +"chairperson or a member on the ground of proved misbehaviour" +"or incapacity. However, in these cases, the President has to refer" +"the matter to the Supreme Court for an inquiry. If the Supreme" +"Court, after the inquiry, upholds the cause of removal and advises" +"so, then the President can remove the chairperson or a member." +"The salaries, allowances and other conditions of service of the" +"chairperson or a member are determined by the state" +"government. But, they cannot be varied to his disadvantage after" +"his appointment." +"All the above provisions are aimed at securing autonomy," +"independence and impartiality in the functioning of the" +"Commission." +" FUNCTIONS OF THE COMMISSION" +"" +"The functions of the Commission are:" +"(a) To inquire into any violation of human rights or negligence in" +"the prevention of such violation by a public servant, either" +"suo motu or on a petition presented to it or on an order of a" +"court." +"(b) To intervene in any proceeding involving allegation of" +"violation of human rights pending before a court." +"(c) To visit jails and detention places to study the living" +"conditions of inmates and make recommendation thereon." +"(d) To review the constitutional and other legal safeguards for" +"the protection of human rights and recommend measures for" +"their effective implementation." +"(e) To review the factors including acts of terrorism that inhibit" +"the enjoyment of human rights and recommend remedial" +"measures." +"(f) To undertake and promote research in the field of human" +"rights." +"(g) To spread human rights literacy among the people and" +"promote awareness of the safeguards available for the" +"protection of these rights." +"(h) To encourage the efforts of non-governmental organizations" +"(NGOs) working in the field of human rights." +"(i) To undertake such other functions as it may consider" +"necessary for the promotion of human rights." +" WORKING OF THE COMMISSION" +"" +"The Commission is vested with the power to regulate its own" +"procedure. It has all the powers of a civil court and its proceedings" +"have a judicial character. It may call for information or report from" +"the state government or any other authority subordinate thereto." +"The Commission is not empowered to inquire into any matter" +"after the expiry of one year from the date on which the act" +"constituting violation of human rights is alleged to have been" +"committed. In other words, it can look into a matter within one" +"year of its occurrence." +"The Commission may take any of the following steps during or" +"upon the completion of an inquiry:" +"(a) it may recommend to the state government or authority to" +"make payment of compensation or damages to the victim;" +"(b) it may recommend to the state government or authority the" +"initiation of proceedings for prosecution or any other action" +"against the guilty public servant;" +"(c) it may recommend to the state government or authority for" +"the grant of immediate interim relief to the victim;" +"(d) it may approach the Supreme Court or the state high court" +"for the necessary directions, orders or writs." +"From the above, it is clear that the functions of the commission" +"are mainly recommendatory in nature. It has no power to punish" +"the violators of human rights, nor to award any relief including" +"monetary relief to the victim. Notably, its recommendations are not" +"binding on the state government or authority. But, it should be" +"informed about the action taken on its recommendations within" +"one month." +"The Commission submits its annual or special reports to the" +"state government. These reports are laid before the state" +"legislature, along with a memorandum of action taken on the" +"recommendations of the Commission and the reasons for non-" +"acceptance of any of such recommendations4 ." +" HUMAN RIGHTS COURTS" +"" +"The Protection of Human Rights Act (1993) also provides for the" +"establishment of Human Rights Court in every district for the" +"speedy trial of violation of human rights." +"These courts can be set up by the state government only with" +"the concurrence of the Chief Justice of the High Court of that" +"state." +"For every Human Rights Court, the state government specifies" +"a public prosecutor or appoints an advocate (who has practiced" +"for seven years) as a special public prosecutor." +" 2019 AMENDMENT ACT" +"" +"The various provisions or features of the Protection of Human" +"Rights (Amendment) Act, 2019, are as follows:" +"1. It provided that a person who has been a judge of the" +"Supreme Court is also made eligible to be appointed as" +"Chairperson of the National Human Rights Commission (in" +"addition to the person who has been the Chief Justice of" +"India)." +"2. It increased the number of members of the National Human" +"Rights Commission (who are to be appointed from amongst" +"persons having knowledge or practical experience with" +"respect to human rights) from two to three out of which at" +"least one has to be a woman." +"3. It made the chairpersons of the National Commission for" +"BCs and the National Commission for Protection of Child" +"Rights as well as the Chief Commissioner for Persons with" +"Disabilities as the exofficio members of the National Human" +"Rights Commission." +"4. It reduced the term of the chairperson of members of the" +"National Human Rights Commission as well as the State" +"Human Rights Commission from five to three years. It also" +"made them eligible for re-appointment." +"5. It provided that a person who has been a judge of a High" +"Court is also made eligible to be appointed as Chairperson" +"of the State Human Rights Commission (in addition to the" +"person who has been the Chief Justice of a High Court)." +"6. It provided that the central government may confer upon the" +"State Human Rights Commissions the functions relating to" +"human rights being discharged by the union territories," +"except the union territory of Delhi. The functions relating to" +"human rights in case of union territory of Delhi are to be" +"dealt with by the National Human Rights Commission." +"7. It provided that the Secretary-General of the National" +"Human Rights Commission shall exercise all administrative" +"and financial powers (except judicial functions and the power" +"to make regulations), subject to control of the chairperson." +" 8. It provided that the Secretary of the State Human Rights" +"Commission shall exercise all administrative and financial" +"powers of the Commission, subject to control of the" +"chairperson." +"" +"" +"NOTES AND REFERENCES" +"1. The Headquarters of the State Human Rights" +"Commission shall be at such place as the state" +"government may, by notification, specify." +"2. These are (in 2019): Assam, Andhra Pradesh," +"Telangana (combined Commission for Andhra Pradesh" +"and Telangana), Bihar, Chhattisgarh, Gujarat, Goa," +"Himachal Pradesh, Jammu and Kashmir, Kerala," +"Karnataka, Madhya Pradesh, Maharashtra, Manipur," +"Odisha, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh," +"West Bengal, Jharkhand, Sikkim, Uttarakhand," +"Haryana, Tripura and Meghalaya." +"3. The 2006 Amendment reduced the number of members" +"of State Human Rights Commission from five to three" +"and also changed the eligibility condition for" +"appointment of member of the Commission." +"4. Before each House of State Legislature where it" +"consists of two Houses, or where such Lagislature" +"consist of one House, before that House." +" 57 Central Information Commission" +"" +"" +"" +"" +"T" +"he Central Information Commission was established by the" +"Central Government in 2005. It was constituted through an" +"Official Gazette Notification under the provisions of the" +"Right to Information Act (2005). Hence, it is not a constitutional" +"body. The Central Information Commission is a high-powered" +"independent body which inter alia looks into the complaints made" +"to it and decide the appeals. It entertains complaints and appeals" +"pertaining to offices, financial institutions, public sector" +"undertakings, etc., under the Central Government and the Union" +"Territories." +" COMPOSITION" +"" +"The Commission consists of a Chief Information Commissioner" +"and not more than ten Information Commissioners. The" +"Commission, when constituted initially, had five commissioners" +"including the Chief Information Commissioner. At present (2019)," +"the Commission has six Information Commissioners apart from" +"the Chief Information Commissioner1. They are appointed by the" +"President on the recommendation of a committee consisting of the" +"Prime Minister as Chairperson, the Leader of Opposition in the" +"Lok Sabha and a Union Cabinet Minister nominated by the Prime" +"Minister2. They should be persons of eminence in public life with" +"wide knowledge and experience in law, science and technology," +"social service, management, journalism, mass media or" +"administration and governance. They should not be a Member of" +"Parliament or Member of the Legislature of any State or Union" +"Territory. They should not hold any other office of profit or" +"connected with any political party or carrying on any business or" +"pursuing any profession." +" TENURE AND SERVICE CONDITIONS" +"The Chief Information Commissioner and an Information" +"Commissioner shall hold office for such term as prescribed by the" +"Central Government or until they attain the age of 65 years," +"whichever is earlier. They are not eligible for reappointment3 ." +"The President can remove the Chief Information Commissioner" +"or any Information Commissioner from the office under the" +"following circumstances:" +"(a) if he is adjudged an insolvent; or" +"(b) if he has been convicted of an offence which (in the opinion" +"of the President) involves a moral turpitude; or" +"(c) if he engages during his term of office in any paid" +"employment outside the duties of his office; or" +"(d) if he is (in the opinion of the President) unfit to continue in" +"office due to infirmity of mind or body; or" +"(e) if he has acquired such financial or other interest as is likely" +"to affect prejudicially his official functions." +"In addition to these, the President can also remove the Chief" +"Information Commissioner or any Information Commissioner on" +"the ground of proved misbehaviour or incapac-ity4. However, in" +"these cases, the President has to refer the matter to the Supreme" +"Court for an enquiry. If the Supreme Court, after the enquiry," +"upholds the cause of removal and advises so, then the President" +"can remove him." +"The salary, allowances and other service conditions of the" +"Chief Information Commissioner and an Information" +"Commissioner shall be such as prescribed by the Central" +"Government. But, they cannot be varied to his disadvantage" +"during service." +" POWERS AND FUNCTIONS" +"" +"The powers and functions of the Central Information Commission" +"are:" +"1. It is the duty of the Commission to receive and inquire into a" +"complaint from any person:" +"(a) who has not been able to submit an information request" +"because of non-appointment of a Public Information" +"Officer;" +"(b) who has been refused information that was requested;" +"(c) who has not received response to his information" +"request within the specified time limits;" +"(d) who thinks the fees charged are unreasonable;" +"(e) who thinks information given is incomplete, misleading" +"or false; and" +"(f) any other matter relating to obtaining information." +"2. The Commission can order inquiry into any matter if there" +"are reasonable grounds (suo-moto power)." +"3. While inquiring, the Commission has the powers of a civil" +"court in respect of the following matters:" +"(a) summoning and enforcing attendance of persons and" +"compelling them to give oral or written evidence on oath" +"and to produce documents or things;" +"(b) requiring the discovery and inspection of documents;" +"(c) receiving evidence on affidavit;" +"(d) requisitioning any public record from any court or office;" +"(e) issuing summons for examination of witnesses or" +"documents; and" +"(f) any other matter which may be prescribed." +"4. During the inquiry of a complaint, the Commission may" +"examine any record which is under the control of the public" +"authority and no such record may be withheld from it on any" +"grounds. In other words, all public records must be given to" +"the Commission during inquiry for examination." +"5. The Commission has the power to secure compliance of its" +"decisions from the public authority. This includes:" +"(a) providing access to information in a particular form;" +" (b) directing the public authority to appoint a Public" +"Information Officer where none exists;" +"(c) publishing information or categories of information;" +"(d) making necessary changes to the practices relating to" +"management, maintenance and destruction of records;" +"(e) enhancing training provision for officials on the right to" +"information;" +"(f ) seeking an annual report from the public authority on" +"compliance with this Act;" +"(g) requiring the public authority to compensate for any loss" +"or other detriment suffered by the applicant;" +"(h) imposing penalties under this Act5 ; and" +"(i) rejecting the application." +"6. The Commission submits an annual report to the Central" +"Government on the implementation of the provisions of this" +"Act. The Central Government places this report before each" +"House of Parliament." +"7. When a public authority does not conform to the provisions" +"of this Act, the Commission may recommend (to the" +"authority) steps which ought to be taken for promoting such" +"conformity." +"" +"Table 57.1 National Commissions / Central Bodies and the" +"Related Ministries" +"Sl. Commission / Body Falls Under" +"No." +"1. Central Information Ministry of Personnel" +"Commission" +"2. Finance Commission Ministry of Finance" +"3. Union Public Service Ministry of Personnel" +"Commission" +"4. Inter-State Council Ministry of Home Affairs" +"5. Staff Selection Commission Ministry of Personnel" +"6. National Commission for Ministry of Social Justice &" +"SCs Empowerment" +" 7. National Commission for Ministry of Tribal Affairs" +"STs" +"8. Central Vigilance Ministry of Personnel" +"Commission" +"9. Zonal Councils Ministry of Home Affairs" +"10. Central Bureau of Ministry of Personnel" +"Investigation" +"11. National Investigation Ministry of Home Affairs" +"Agency" +"12. Commissioner for Linguistic Ministry of Minority Affairs" +"Minorities" +"13. National Commission for Ministry of Women and" +"Protection of Child Rights Child Development" +"14. National Commission for Ministry of Social Justice &" +"Backward Classes Empowerment" +"15. Central Commissioner for Ministry of Social Justice &" +"Disabled Persons Empowerment" +"16. Central Social Welfare Ministry of Women and" +"Board Child Development" +"17. North Eastern Council Ministry of Development of" +"the North Eastern Region" +"18. Central Administrative Ministry of Personnel" +"Tribunal" +"19. National Commission for Ministry of Minority Affairs" +"Minorities" +"20. National Human Rights Ministry of Home Affairs" +"Commission" +"21. National Commission for Ministry of Women and" +"Women Child Development" +"22. Good and Services Tax Ministry of Finance" +"Council" +"23. Lokpal Ministry of Personnel" +"24. National Investigation Ministry of Home Affairs" +" Agency" +"25. National Disaster Ministry of Home Affairs" +"Management Authority" +"26. Attorney General of India Ministry of Law and Justice" +"27. Solicitor General of India Ministry of Law and Justice" +"28. Law Commission of India Ministry of Law and Justice" +"29. Election Commission of Ministry of Law and Justice" +"India" +"30. Delimitation Commission of Ministry of Law and Justice" +"India" +"" +"" +"NOTES AND REFERENCES" +"1. Annual Report 2018–2019, Ministry of Personnel," +"Government of India, p. 144." +"2. Where the Leader of Opposition in the Lok Sabha has" +"not been recognized as such, the Leader of the single" +"largest group in opposition of the Government in the Lok" +"Sabha shall be deemed to be the Leader of the" +"Opposition." +"3. The Information Commissioner is eligible for" +"appointment as Chief Information Commissioner but" +"cannot hold office for more than a total of five years" +"including his term as Information Commissioner." +"4. He is deemed to be guilty of misbehaviour, if he is" +"concerned or interested in any contract or agreement" +"made by the Central Government or participates in any" +"way in the profit of such contract or agreement or in any" +"benefit or emolument arising there from otherwise than" +"as a member and in common with the other members of" +"an incorporated company." +"5. The Commission can impose a penalty on the Public" +"Information Officer at the rate of ₹250 per day upto a" +"maximum of ₹25,000. It can also recommend for" +"disciplinary action against the errant official." +" 58 State Information Commission" +"" +"" +"" +"" +"T" +"he Right to Information Act of 2005 provides for the" +"creation of not only the Central Information Commission" +"but also a State Information Commission at the state level." +"Accordingly, all the states have constituted the State Information" +"Commissions through Official Gazette Notifications." +"The State Information Commission is a high-powered" +"independent body which interalia looks into the complaints made" +"to it and decide the appeals. It entertains complaints and appeals" +"pertaining to offices, financial institutions, public sector" +"undertakings, etc., under the concerned state government." +" COMPOSITION" +"" +"The Commission consists of a State Chief Information" +"Commissioner and not more than ten State Information" +"Commissioners1. They are appointed by the Governor on the" +"recommendation of a committee consisting of the Chief Minister" +"as Chairperson, the Leader of Opposition in the Legislative" +"Assembly and a State Cabinet Minister nominated by the Chief" +"Minister2. They should be persons of eminence in public life with" +"wide knowledge and experience in law, science and technology," +"social service, management, journalism, mass media or" +"administration and governance. They should not be a Member of" +"Parliament or Member of the Legislature of any State or Union" +"Territory. They should not hold any other office of profit or" +"connected with any political party or carrying on any business or" +"pursuing any profession." +" TENURE AND SERVICE CONDITIONS" +"The State Chief Information Commissioner and a State" +"Information Commissioner shall hold office for such term as" +"prescribed by the Central Government or until they attain the age" +"of 65 years, whichever is earlier. They are not eligible for" +"reappointment3 ." +"The Governor can remove the State Chief Information" +"Commissioner or any State Information Commissioner from the" +"office under the following circumstances:" +"(a) if he is adjudged an insolvent; or" +"(b) if he has been convicted of an offence which (in the opinion" +"of the Governor) involves a moral turpitude; or" +"(c) if he engages during his term of office in any paid" +"employment outside the duties of his office; or" +"(d) if he is (in the opinion of the Governor) unfit to continue in" +"office due to infirmity of mind or body; or" +"(e) if he has acquired such financial or other interest as is likely" +"to affect prejudicially his official functions." +"In addition to these, the Governor can also remove the State" +"Chief Information Commissioner or any State Information" +"Commissioner on the ground of proved misbehaviour or" +"incapacity4. However, in these cases, the Governor has to refer" +"the matter to the Supreme Court for an enquiry. If the Supreme" +"Court, after the enquiry, upholds the cause of removal and" +"advises so, then the Governor can remove him." +"The salary, allowances and other service conditions of the" +"State Chief Information" +"Commissioner and a State Information Commissioner shall be" +"such as prescribed by the Central Government. But, they cannot" +"be varied to his disadvantage during service." +" POWERS AND FUNCTIONS" +"" +"The powers and functions of the State Information Commission" +"are:" +"1. It is the duty of the Commission to receive and inquire into a" +"complaint from any person:" +"(a) who has not been able to submit an information request" +"because of non-appointment of a Public Information" +"Officer;" +"(b) who has been refused information that was requested;" +"(c) who has not received response to his information" +"request within the specified time limits;" +"(d) who thinks the fees charged are unreasonable;" +"(e) who thinks information given is incomplete, misleading" +"or false; and" +"(f) any other matter relating to obtaining information." +"2. The Commission can order inquiry into any matter if there" +"are reasonable grounds (suo-moto power)." +"3. While inquiring, the Commission has the powers of a civil" +"court in respect of the following matters:" +"(a) summoning and enforcing attendance of persons and" +"compelling them to give oral or written evidence on oath" +"and to produce documents or things;" +"(b) requiring the discovery and inspection of documents;" +"(c) receiving evidence on affidavit;" +"(d) requisitioning any public record from any court or office;" +"(e) issuing summons for examination of witnesses or" +"documents; and" +"(f) any other matter which may be prescribed." +"4. During the inquiry of a complaint, the Commission may" +"examine any record which is under the control of the public" +"authority and no such record may be withheld from it on any" +"grounds. In other words, all public records must be given to" +"the Commission during inquiry for examination." +"5. The Commission has the power to secure compliance of its" +"decisions from the public authority. This includes:" +"(a) providing access to information in a particular form;" +" (b) directing the public authority to appoint a Public" +"Information Officer where none exists;" +"(c) publishing information or categories of information;" +"(d) making necessary changes to the practices relating to" +"management, maintenance and destruction of records;" +"(e) enhancing training provision for officials on the right to" +"information;" +"(f) seeking an annual report from the public authority on" +"compliance with this Act;" +"(g) requiring the public authority to compensate for any loss" +"or other detriment suffered by the applicant;" +"(h) imposing penalties under this Act5 ; and" +"(i) rejecting the application." +"6. The Commission submits an annual report to the State" +"Government on the implementation of the provisions of this" +"Act. The State Government places this report before the" +"State Legislature." +"7. When a public authority does not conform to the provisions" +"of this Act, the Commission may recommend (to the" +"authority) steps which ought to be taken for promoting such" +"conformity." +" RTI AMENDMENT ACT, 2019" +"" +"The various features or provisions of the Right to Information" +"(Amendment) Act, 2019 are as follows:" +"1. It provided that the Chief Information Commissioner and an" +"Information Commissioner shall hold office for such term as" +"prescribed by the Central Government. Before this" +"amendment, their term was fixed for 5 years." +"2. It provided that the salary, allowances and other service" +"conditions of the Chief Information Commissioner and an" +"Information Commissioner shall be such as prescribed by" +"the Central Government. Before this amendment, the salary," +"allowances and other service conditions of the Chief" +"Information Commissioner were similar to those of the Chief" +"Election Commissioner and that of an Information" +"Commissioner were similar to those of an Election" +"Commissioner." +"3. It provided that the State Chief Information Commissioner" +"and a State Information Commissioner shall hold office for" +"such term as prescribed by the Central government. Before" +"this amendment, their term was fixed for 5 years." +"4. It provided that the salary, allowances and other service" +"conditions of the State Chief Information Commissioner and" +"a State Information Commissioner shall be such as" +"prescribed by the Central Government. Before this" +"amendment, the salary, allowances and other service" +"conditions of the State Chief Information Commissioner were" +"similar to those of an Election Commissioner and that of a" +"State Information Commissioner were similar to those of the" +"Chief Secretary of the state government." +"5. It removed the provisions regarding deductions in salary of" +"the Chief Information Commissioner, an Information" +"Commissioner, the State Chief Information Commissioner" +"and a State Information Commissioner due to pension or" +"any other retirement benefits received by them for their" +"previous government service." +" NOTES AND REFERENCES" +"1. The number of State Information Commissioners varies" +"from one state to another state." +"2. Where the Leader of Opposition in the Legislative" +"Assembly has not been recognized as such, the Leader" +"of the single largest group in opposition of the" +"Government in the Legislative Assembly shall be" +"deemed to be the Leader of the Opposition." +"3. The State Information Commissioner is eligible for" +"appointment as State Chief Information Commissioner" +"but cannot hold office for more than a total of five years" +"including his term as State Information Commissioner." +"4. He is deemed to be guilty of misbehaviour, if he is" +"concerned or interested in any contract or agreement" +"made by the State Government or participates in any" +"way in the profit of such contract or agreement or in any" +"benefit or emolument arising there from otherwise than" +"as a member and in common with the other members of" +"an incorporated company." +"5. The Commission can impose a penalty on the Public" +"Information Officer at the rate of ₹250 per day up to a" +"maximum of ₹25,000. It can also recommend for" +"disciplinary action against the errant official." +" 59 Central Vigilance Commission" +"" +"" +"ESTABLISHMENT" +"The Central Vigilance Commission (CVC) is the main agency for" +"preventing corruption in the Central government. It was" +"established in 1964 by an executive resolution of the Central" +"government. Its establishment was recommended by the" +"Santhanam Committee on Prevention of Corruption1 (1962–64)." +"Thus, originally the CVC was neither a constitutional body nor a" +"statutory body. Later, in 2003, the Parliament enacted a law" +"conferring statutory status on the CVC2 ." +"In 2004, the CVC has been designated as the agency to" +"receive and act on complaints or disclosure on any allegation of" +"corruption or misuse of office from whistle blowers under the" +"“Public Interest Disclosure and Protection of Informers’" +"Resolution” (PIDPI), which is popularly known as “Whistle" +"Blowers” Resolution. The Commission is also empowered as the" +"only designated agency to take action against complainants" +"making motivated or vexatious complaints.2a" +"The CVC is conceived to be the apex vigilance institution, free" +"of control from any executive authority, monitoring all vigilance" +"activity under the Central Government and advising various" +"authorities in Central Government organisations in planning," +"executing, reviewing and reforming their vigilance work." +" COMPOSITION" +"" +"The CVC is a multi-member body consisting of a Central Vigilance" +"Commissioner (chairperson) and not more than two vigilance" +"commissioners. They are appointed by the president by warrant" +"under his hand and seal on the recommendation of a three-" +"member committee consisting of the prime minister as its head," +"the Union minister of home affairs and the Leader of the" +"Opposition in the Lok Sabha. They hold office for a term of four" +"years or until they attain the age of sixty five years, whichever is" +"earlier. After their tenure, they are not eligible for further" +"employment under the Central or a state government." +"The president can remove the Central Vigilance Commissioner" +"or any vigilance commissioner from the office under the following" +"circumstances:" +"(a) If he is adjudged an insolvent; or" +"(b) If he has been convicted of an offence which (in the opinion" +"of the Central government) involves a moral turpitude; or" +"(c) If he engages, during his term of office, in any paid" +"employment outside the duties of his office; or" +"(d) If he is (in the opinion of the president), unfit to continue in" +"office by reason of infirmity of mind or body; or" +"(e) If he has acquired such financial or other interest as is likely" +"to affect prejudicially his official functions." +"In addition to these, the president can also remove the Central" +"Vigilance Commissioner or any vigilance commissioner on the" +"ground of proved misbehaviour or incapacity. However, in these" +"cases, the president has to refer the matter to the Supreme Court" +"for an enquiry. If the Supreme Court, after the enquiry, upholds the" +"cause of removal and advises so, then the president can remove" +"him. He is deemed to be guilty of misbehaviour, if he (a) is" +"concerned or interested in any contract or agreement made by the" +"Central government, or (b) participates in any way in the profit of" +"such contract or agreement or in any benefit or emolument arising" +"therefrom otherwise than as a member and in common with the" +"other members of an incorporated company." +" The salary, allowances and other conditions of service of the" +"Central Vigilance Commissioner are similar to those of the" +"Chairman of UPSC and that of the vigilance commissioner are" +"similar to those of a member of UPSC. But they cannot be varied" +"to his disadvantage after his appointment." +" ORGANISATION" +"" +"The CVC has its own Secretariat, Chief Technical Examiners’" +"Wing (CTE) and a wing of Commissioners for Departmental" +"Inquiries (CDIs)." +"Secretariat: The Secretariat consists of a Secretary, Joint" +"Secretaries, Deputy Secretaries, Under Secretaries and office" +"staff." +"Chief Technical Examiners’ Wing: The Chief Technical" +"Examiners’ Organisation constitutes the technical wing of the" +"CVC. It consists of Chief Engineers (designated as Chief" +"Technical Examiners) and supporting engineering staff. The main" +"functions assigned to this organisation are as follows:" +"(i) Technical audit of construction works of Government" +"organisations from a vigilance angle" +"(ii) Investigation of specific cases of complaints relating to" +"construction works" +"(iii) Extension of assistance to CBI in their investigations involving" +"technical matters and for evaluation of properties in Delhi" +"(iv) Tendering of advice / assistance to the CVC and Chief" +"Vigilance Officers in vigilance cases involving technical" +"matters" +"Commissioners for Departmental Inquiries: The CDIs function" +"as Inquiry Officers to conduct oral inquiries in departmental" +"proceedings initiated against public servants." +" FUNCTIONS" +"" +"The functions of the CVC are:" +"1. To inquire or cause an inquiry or investigation to be" +"conducted on a reference made by the Central government" +"wherein it is alleged that a public servant being an employee" +"of the Central government or its authorities3 , has committed" +"an offence under the Prevention of Corruption Act, 1988." +"2. To inquire or cause an inquiry or investigation to be" +"conducted into any complaint against any official belonging" +"to the below mentioned category of officials wherein it is" +"alleged that he has committed an offence under the" +"Prevention of Corruption Act, 1988:" +"(a) Members of all-India services4 serving in the Union and" +"Group ‘A’ officers of the Central government; and" +"(b) Specified level of officers of the authorities of the Central" +"government." +"3. To exercise superintendence over the functioning of the" +"Delhi Special Police Establishment (CBI) insofar as it relates" +"to the investigation of offences under the Prevention of" +"Corruption Act, 1988." +"4. To give directions to the Delhi Special Police Establishment" +"(CBI) for superintendence insofar as it relates to the" +"investigation of offences under the Prevention of Corruption" +"Act, 1988." +"5. To review the progress of investigations conducted by the" +"Delhi Special Police Establishment into offences alleged to" +"have been committed under the prevention of Corruption" +"Act, 1988." +"6. To review the progress of applications pending with the" +"competent authorities for sanction of prosecution under the" +"Prevention of Corruption Act, 1988." +"7. To tender advise to the Central government and its" +"authorities on such matters as are referred to it by them." +"8. To exercise superintendence over the vigilance" +"administration in the ministries of the Central government or" +"its authorities." +" 9. To undertake or cause an inquiry into complaints received" +"under the Public Interest Disclosure and Protection of" +"Informers’ Resolution and recommend appropriate action." +"10. The Central Government is required to consult the CVC in" +"making rules and regulations governing the vigilance and" +"disciplinary matters relating to the members of Central" +"Services and AllIndia Services." +"11. The Central Vigilance Commissioner (CVC) is the" +"Chairperson and the two Vigilance Commissioners along" +"with Secretaries of M/o Home Affairs, D/o Personnel and" +"Training and the D/o Revenue in M/o Finance are the" +"Members of the Selection Committees, on whose" +"recommendation the Central Government appoints the" +"Director of Enforcement. Further, this Committee, in" +"consultation with the Director of Enforcement, recommends" +"officers for appointments to the posts above the level of" +"Deputy Director of Enforcement." +"12. The Central Vigilance Commission has been notified as a" +"specific authority to receive information relating to suspicious" +"transactions under the Prevention of Money Laundering Act," +"2002" +"The Lokpal and Lokayuktas Act (2013) amended both the CVC" +"Act (2003) and the Delhi Special Police Establishment Act (1946)" +"and made the following changes with respect to the functions of" +"the CVC.4a" +"13. The Director of Prosecution under the Directorate of" +"Prosecution in CBI shall be appointed by the Central" +"Government on the recommendation of the Central Vigilance" +"Commission." +"14. The Central Vigilance Commissioner (CVC) is the" +"Chairperson and the two Vigilance Commissioners alongwith" +"Secretaries of M/o Home Affairs and D/o Personnel and" +"Training are the Members of the Selection Committees, on" +"whose recommendation the Central Government appoints" +"officers to the posts of the level of SP and above in the CBI" +"except Director of CBI." +"15. The Commission has been empowered to conduct" +"preliminary inquiry into complaints referred by Lokpal in" +" respect of officers and officials of Groups A, B, C & D, for" +"which a Directorate of Inquiry for making preliminary inquiry" +"is to be set up in the Commission. The preliminary inquiry" +"reports in such matters referred by Lokpal in respect of" +"Group A and B officers are required to be sent to the Lokpal" +"by the Commission. Further, as per mandate, the" +"Commission is to cause further investigation into such" +"Lokpal references in respect of Group C and D officials and" +"decide on further course of action against them." +" JURISDICTION" +"" +"The jurisdiction of the CVC extends to the following:" +"1. Members of All India Services serving in connection with the" +"affairs of the Union and Group A officers of the Central" +"Government." +"2. Officers of the rank of Scale V and above in the Public" +"Sector Banks." +"3. Officers in Grade D and above in Reserve Bank of India," +"NABARD and SIDBI." +"4. Chief Executives and Executives on the Board and other" +"officers of E-8 and above in Schedule ‘A’ and ‘B’ Public" +"Sector Undertakings." +"5. Chief Executives and Executives on the Board and other" +"officers of E-7 and above in Schedule ‘C’ and ‘D’ Public" +"Sector Undertakings." +"6. Managers and above in General Insurance Companies." +"7. Senior Divisional Managers and above in Life Insurance" +"Corporation." +"8. Officers drawing salary of ₹8700/- per month (pre-revised)" +"and above on Central Government D.A. pattern, as may be" +"revised from time to time, in societies and local authorities" +"owned or controlled by the Central Government." +" WORKING" +"" +"The CVC conducts its proceedings at its headquarters (New" +"Delhi). It is vested with the power to regulate its own procedure. It" +"has all the powers of a civil court and its proceedings have a" +"judicial character. It may call for information or report from the" +"Central government or its authorities so as to enable it to exercise" +"general supervision over the vigilance and anti-corruption work in" +"them." +"The CVC, on receipt of the report of the inquiry undertaken by" +"any agency on a reference made by it, advises the Central" +"government or its authorities as to the further course of action." +"The Central government or its authorities shall consider the advice" +"of the CVC and take appropriate action. However, where the" +"Central government or any of its authorities does not agree with" +"the advice of the CVC, it shall communicate the reasons (to be" +"recorded in writing) to the CVC." +"The CVC has to present annually to the President a report on" +"its performance. The President places this report before each" +"House of Parliament." +" VIGILANCE UNITS IN THE MINISTRIES" +"" +"All ministries/departments in the Union Government have a Chief" +"Vigilance Officer (CVO) who heads the Vigilance Division of the" +"organisation concerned, assisting and advising the Secretary or" +"Head of Office in all matters pertaining to vigilance. He also" +"provides a link between his organisation and the Central Vigilance" +"Commission on the one hand and his organisation and the Central" +"Bureau of Investigation on the other. Vigilance functions" +"performed by the CVO include" +"(i) Collecting intelligence about corrupt practices of the" +"employees of his organisation" +"(ii) Investigating verifiable allegations reported to him" +"(iii) Processing investigation reports for further consideration of" +"the disciplinary authority concerned" +"(iv) Referring matters to the Central Vigilance Commission for" +"advice wherever necessary5" +" WHISTLE BLOWERS PROTECTION ACT (2014)" +"" +"The salient features of the Whistle Blowers Protection Act (2014)6" +"are as follows7 :" +"1. The Act provides a mechanism for protecting the identity of" +"whistle blowers (a term given to people who expose" +"corruption). People who expose corruption in Government or" +"irregularities by public functionaries can now be free of any" +"fear of victimization." +"2. The Act also provides for a system to encourage people to" +"disclose information about corruption or the wilful misuse of" +"power by public servants, including ministers." +"3. As per the Act, a person can make a public interest" +"disclosure on corruption before a competent authority -" +"which is at present the Central Vigilance Commission (CVC)." +"The government, by notification, can appoint any other body" +"also for receiving such complaints about corruption." +"4. The Act, however, lays down punishment of up to two years" +"in prison and a fine of up to ₹30,000 for false or frivolous" +"complaints." +"5. The Act says that every disclosure shall be made in good" +"faith and the person making the disclosure shall provide a" +"personal declaration stating that he reasonably believes that" +"the information disclosed by him and the allegation" +"contained therein is substantially true." +"6. Disclosures can be made in writing or by email message in" +"accordance with the procedure as may be prescribed and" +"contain full particulars and be accompanied by supporting" +"documents, or other material." +"7. However, no action shall be taken on a disclosure if it does" +"not indicate the identity of the complainant or public servant" +"or if “the identity of the complainant or public servant is" +"found to be incorrect.”" +"8. The Act is not applicable to the Special Protection Group." +"" +"" +"NOTES AND REFERENCES" +" 1. The Committee on Prevention of Corruption with" +"parliamentarian K. Santhanam as the Chairman, four" +"other MPs and two senior officers as members, was" +"appointed by the Government of India in 1962." +"2. The Central Vigilance Commission Bill having been" +"passed by both the Houses of Parliament received the" +"assent of the president on 11 September 2003. It came" +"on the statute Book as the Central Vigilance" +"Commission Act, 2003." +"2a. Annual Report 2015–16, Ministry of Personnel," +"Government of India, p. 101." +"3. The authorities of the Central government include a" +"corporation established by or under any Central act and" +"government company, society and any local authority" +"owned or controlled by the Central government." +"4. The All-India Services include Indian Administrative" +"Service (IAS), Indian Police Service (IPS) and Indian" +"Forest Service (IFS)." +"4a. Annual Report 2015, Central Vigilance Commission, pp." +"2–4." +"5. Report on Ethics in Governance, January 2007, Second" +"Administrative Reforms Commission, Government of" +"India, p. 106." +"6. Originally, the year of the Act was 2011. Later, it was" +"changed to 2014." +"7. The Indian Express, “Whistleblowers Protection Act" +"gets President’s nod”, May 13, 2014." +" 60 Central Bureau of Investigation" +"" +"" +"ESTABLISHMENT OF CBI" +"The Central Bureau of Investigation (CBI) was set up in 1963 by a" +"resolution of the Ministry of Home Affairs. Later, it was transferred" +"to the Ministry of Personnel and now it enjoys the status of an" +"attached office1. The Special Police Establishment (which looked" +"into vigilance cases) setup in 1941 was also merged with the CBI." +"The establishment of the CBI was recommended by the" +"Santhanam Committee on Prevention of Corruption (1962–1964)." +"The CBI is not a statutory body. It derives its powers from the" +"Delhi Special Police Establishment Act, 1946." +"The CBI is the main investigating agency of the Central" +"Government. It plays an important role in the prevention of" +"corruption and maintaining integrity in administration. It also" +"provides assistance to the Central Vigilance Commission and" +"Lokpal." +"There is a difference between the nature of cases investigated" +"by the National Investigation Agency (NIA) and the CBI. The NIA" +"has been constituted after the Mumbai terror attack in 2008 mainly" +"for investigation of incidents of terrorist attacks, funding of" +"terrorism and other terror related crime, whereas the CBI" +"investigates crime of corruption, economic offences and serious" +"and organized crime other than terrorism." +" MOTTO, MISSION AND VISION OF CBI" +"" +"Motto: Industry, Impartiality and Integrity Mission: To uphold the" +"Constitution of India and law of the land through in-depth" +"investigation and successful prosecution of offences; to provide" +"leadership and direction to police forces and to act as the nodal" +"agency for enhancing inter-state and international cooperation in" +"law enforcement" +"Vision: Based on its motto, mission and the need to develop" +"professionalism, transparency, adaptability to change and use of" +"science and technology in its working, the CBI will focus on" +"1. Combating corruption in public life, curbing economic and" +"violent crimes through meticulous investigation and" +"prosecution" +"2. Evolving effective systems and procedures for successful" +"investigation and prosecution of cases in various law courts" +"3. Helping fight cyber and high technology crime" +"4. Creating a healthy work environment that encourages team-" +"building, free communication and mutual trust" +"5. Supporting state police organisations and law enforcement" +"agencies in national and international cooperation," +"particularly relating to enquiries and investigation of cases" +"6. Playing a lead role in the war against national and" +"transnational organised crime" +"7. Upholding human rights, protecting the environment, arts," +"antiques and heritage of our civilisation" +"8. Developing a scientific temper, humanism and the spirit of" +"inquiry and reform" +"9. Striving for excellence and professionalism in all spheres of" +"functioning so that the organisation rises to high levels of" +"endeavor and achievement." +" ORGANISATION OF CBI" +"Originally (1963), the CBI was set up with the following six" +"divisions:" +"(i) Investigation and Anti-Corruption Division (Delhi Special" +"Police Establishment)" +"(ii) Technical Division" +"(iii) Crime Records and Statistics Division" +"(iv) Research Division" +"(v) Legal and General Division" +"(vi) Administration Division" +"At present (2019), the CBI has the following seven divisions:" +"1. Anti-Corruption Division" +"2. Economic Offences Division" +"3. Special Crimes Division" +"4. Policy and Coordination Division" +"5. Administration Division" +"6. Directorate of Prosecution" +"7. Central Forensic Science Laboratory" +" COMPOSITION OF CBI" +"" +"The CBI is headed by a Director. He is assisted by a special" +"director or an additional director. Additionally, it has a number of" +"joint directors, deputy inspector generals, superintendents of" +"police and all other usual ranks of police personnel. In total, it has" +"about 5000 staff members, about 125 forensic scientists and" +"about 250 law officers." +"The Director of CBI as Inspector-General of Police, Delhi" +"Special Police Establishment, is responsible for the administration" +"of the organisation. With the enactment of CVC Act, 2003, the" +"superintendence of Delhi Special Police Establishment vests with" +"the Central Government save investigations of offences under the" +"Prevention of Corruption Act, 1988, in which, the superintendence" +"vests with the Central Vigilance Commission. The Director of CBI" +"has been provided security of two-year tenure in office by the" +"CVC Act, 2003." +"The Lokpal and Lokayuktas Act (2013) amended the Delhi" +"Special Police Establishment Act (1946) and made the following" +"changes with respect to the composition of the CBI:" +"1. The Central Government shall appoint the Director of CBI on" +"the recommendation of a three-member committee" +"consisting of the Prime Minister as Chairperson, the Leader" +"of Opposition in the Lok Sabha and the Chief Justice of India" +"or Judge of the Supreme Court nominated by him." +"2. There shall be a Directorate of prosecution headed by a" +"Director for conducting the prosecution of cases under the" +"Lokpal and Lokayuktas Act, 2013. The Director of" +"Prosecution shall be an officer not below the rank of Joint" +"Secretary to the Government of India. He shall function" +"under the overall supervision and control of the Director of" +"CBI. He shall be appointed by the Central Government on" +"the recommendation of the Central Vigilance Commission." +"He shall hold office for a period of two years." +"3. The Central Government shall appoint officers of the rank of" +"SP and above in the CBI on the recommendation of a" +"committee consisting of the Central Vigilance Commissioner" +" as Chairperson, the Vigilance Commissioners, the Secretary" +"of the Home Ministry and the Secretary of the Department of" +"Personnel." +"Later, the Delhi Special Police Establishment (Amendment) Act," +"2014 made a change in the composition of the committee related" +"to the appointment of the Director of C.B.I. It states that where" +"there is no recognized leader of opposition in the Lok Sabha, then" +"the leader of the single largest opposition party in the Lok Sabha" +"would be a member of that committee." +" FUNCTIONS OF CBI" +"" +"The functions of CBI are:" +"(i) Investigating cases of corruption, bribery and misconduct of" +"Central government employees." +"(ii) Investigating cases relating to infringement of fiscal and" +"economic laws, that is, breach of laws concerning export and" +"import control, customs and central excise, income tax," +"foreign exchange regulations and so on. However, such" +"cases are taken up either in consultation with or at the" +"request of the department concerned." +"(iii) Investigating serious crimes, having national and international" +"ramifications, committed by organised gangs of professional" +"criminals." +"(iv) Coordinating the activities of the anticorruption agencies and" +"the various state police forces" +"(v) Taking up, on the request of a state government, any case of" +"public importance for investigation." +"(vi) Maintaining crime statistics and disseminating criminal" +"information." +"The CBI is a multidisciplinary investigation agency of the" +"Government of India and undertakes investigation of corruption-" +"related cases, economic offences and cases of conventional" +"crime. It normally confines its activities in the anti-corruption field" +"to offences committed by the employees of the Central" +"Government and Union Territories and their public sector" +"undertakings. It takes up investigation of conventional crimes like" +"murder, kidnapping, rape etc., on reference from the state" +"governments or when directed by the Supreme Court/High Courts." +"The CBI acts as the “National Central Bureau” of Interpol in" +"India. The Interpol Wing of the CBI coordinates requests for" +"investigation-related activities originating from Indian law" +"enforcement agencies and the member countries of the Interpol." +" PROVISION OF PRIOR PERMISSION" +"" +"The CBI is required to obtain the prior approval of the Central" +"Government before conducting any inquiry or investigation into an" +"offence committed by officers of the rank of joint secretary and" +"above in the Central Government and its authorities." +"However, on May 6, 2014, the Supreme Court held as invalid" +"the legal provision that makes prior sanction mandatory for the" +"Central Bureau of Investigation to conduct a probe against senior" +"bureaucrats in corruption cases under the Prevention of" +"Corruption Act.2" +"A Constitution Bench held that Section 6A of the Delhi Special" +"Police Establishment Act, which granted protection to joint" +"secretary and above officers from facing even a preliminary" +"inquiry by the CBI in corruption cases, was violative of Article 14." +"Welcoming the court order, CBI Director said: “It is a landmark" +"judgment that will empower the agency in the investigations into" +"several cases pending due to the provision that has now been" +"struck down by the Constitution Bench. We had for long been of" +"the view that inquiry against senior officials need not require any" +"prior permission.”" +"Writing the judgment, the CJI said, “Corruption is an enemy of" +"[the] nation and tracking down a corrupt public servant," +"howsoever high he may be, and punishing such person is a" +"necessary mandate under the PC Act, 1988. The status or" +"position of a public servant does not qualify the person from" +"exemption from equal treatment. The decision-making power does" +"not segregate corrupt officers into two classes as they are" +"common crime doers and have to be tracked down by the same" +"process of inquiry and investigation.”" +"The Bench said, “Section 6A of the DSPE Act [granting" +"protection to one set of officers] is directly destructive and runs" +"counter to the object and reason of the PC Act, 1988. It also" +"undermines the object of detecting and punishing high-level" +"corruption. How can two public servants against whom there are" +"allegations of corruption or graft or bribe taking or criminal" +"misconduct under the PC Act, 1988, be made to be treated" +" differently because one happens to be a junior officer and the" +"other a senior decision maker?”" +"“The provision in Section 6A impedes tracking down the corrupt" +"senior bureaucrats as without previous approval of the Central" +"Government, the CBI cannot even hold preliminary inquiry much" +"less an investigation into the allegations. The protection under" +"Section 6A has propensity of shielding the corrupt,” the Bench" +"added." +"Observing that there could not be any protection to corrupt" +"public servants, the Bench said, “The aim and object of" +"investigation is ultimately to search for truth and any law that" +"impedes that object may not stand the test of Article 14. Breach of" +"rule of law, in our opinion, amounts to negation of equality under" +"Article 14. Section 6-A fails in the context of these facets of Article" +"14.”" +" CBI VS. STATE POLICE" +"" +"The role of the Special Police Establishment (a division of CBI) is" +"supplementary to that of the state police forces. Along with state" +"police forces, the Special Police Establishment (SPE) enjoys the" +"concurrent powers of investigation and prosecution for offences" +"under the Delhi Police Establishment Act, 1946. However, to avoid" +"duplication and overlapping of cases between these two agencies," +"the following administrative arrangements have been made:" +"(i) The SPE shall take up such cases which are essentially and" +"substantially concerned with the Central Government’s affairs" +"or employees, even if they also involve certain state" +"government employees." +"(ii) The state police force shall take up such cases which are" +"substantially concerned with the state government’s affairs or" +"employees, even if they also involve certain Central" +"Government employees." +"(iii) The SPE shall also take up cases against employees of" +"public undertakings or statutory bodies established and" +"financed by the Central Government." +" CBI ACADEMY" +"" +"The CBI Academy is located at Ghaziabad, Uttar Pradesh and" +"started functioning in 1996. Earlier, training programmes were" +"being conducted at the CBI Training Centre, New Delhi." +"The vision of the CBI Academy is “Excellence in Training in the" +"Fields of Crime Investigation, Prosecution and Vigilance" +"Functioning” and its mission is to train the human resources of" +"CBI, state police and the vigilance organisations to become" +"professional, industrious, impartial, upright and dedicated to the" +"service of the nation." +"The academy is the focal point of training activities within the" +"organisation and is responsible for identification of suitable" +"training programmes, regulation of nominations of trainees and" +"preparation of the annual training calendar." +"Beside the CBI Academy at Ghaziabad, there are three" +"regional training centres imparting training at regional levels at" +"Kolkata, Mumbai and Chennai." +"There are two kinds of training courses which are being" +"conducted in the CBI Academy:" +"(i) Short Term In-service Courses: For officers of the CBI, state" +"police, central para-military forces and central government" +"undertakings" +"(ii) Long Term Basic Courses: For directly recruited deputy" +"superintendents of police, sub-inspectors and constables of" +"CBI.3" +"" +"" +"NOTES AND REFERENCES" +"1. The CBI comes under the administrative control of the" +"Department of Personnel and Training (DoPT) of the" +"Ministry of Personnel." +"2. The Hindu, “No sanction needed for CBI to probe" +"bureaucrats: SC,” May 7, 2014." +"3. Annual Report 2012, Central Bureau of Investigation," +"Government of India, pp. 92–93." +" 61 Lokpal and Lokayuktas" +"" +"" +"GLOBAL SCENARIO" +"" +"Modern democratic states are characterised by a welfare orientation." +"Hence, the government has come to play an important role in the" +"socio-economic development of a nation. This has resulted in the" +"expansion of bureaucracy and the multiplication of administrative" +"process, which in turn increased the administrative power and" +"discretion enjoyed by the civil servants at different levels of the" +"government. The abuse of this power and discretion by civil servants" +"opens up scope for harassment, malpractices, maladministration and" +"corruption. Such a situation gives rise to citizens’ grievances against" +"administration1 ." +"The success of democracy and the realisation of socio-economic" +"development depends on the extent to which the citizens’ grievances" +"are redressed. Therefore, the following institutional devices have" +"been created in different parts of the world to deal with the redressal" +"of these grievances:" +"1. The Ombudsman System" +"2. The Administrative Courts System" +"3. The Procurator System" +"The earliest democratic institution created in the world for the" +"redressal of citizens’ grievance is the Scandinavian institution of" +"Ombudsman. Donald C. Rowat, an international authority on the" +"Ombudsman, calls it a “uniquely appropriate institution for dealing" +"with the average citizens’ complaints about unfair administrative" +"actions.”" +"The institution of Ombudsman was first created in Sweden in" +"1809. ‘Ombud’ is a Swedish term and refers to a person who acts as" +"the representative or spokesman of another person. According to" +"Donald C. Rowat, Ombudsman refers to “an officer appointed by the" +"legislature to handle complaints against administrative and judicial" +"action.”" +"The Swedish Ombudsman deals with the citizens’ grievances in" +"the following matters:" +" (i) Abuse of administrative discretion, that is, misuse of official" +"power and authority" +"(ii) Maladministration, that is, inefficiency in achieving the targets" +"(iii) Administrative corruption, that is, demanding bribery for doing" +"things" +"(iv) Nepotism, that is supporting one’s own kith and kin in matters" +"like providing employment" +"(v) Discourtesy, that is, misbehaviour of various kinds, for instance," +"use of abusive language." +"The Swedish Ombudsman is appointed by the Parliament for a" +"term of four years. He can be removed only by the Parliament on" +"ground of its loss of confidence in him. He submits his annual report" +"to the Parliament and hence, is also known as ‘Parliamentary" +"Ombudsman.’ But he is independent of the Parliament (legislature)" +"as well as the executive and judiciary." +"The Ombudsman is a constitutional authority and enjoys the" +"powers to supervise the compliance of laws and regulations by the" +"public officials, and see that they discharge their duties properly. In" +"other words, he keeps a watch over all public officials–civil, judicial" +"and military–so that they function impartially, objectively and legally," +"that is, in accordance with the law. However, he has no power to" +"reverse or quash a decision and has no direct control over" +"administration or the courts." +"The Ombudsman can act either on the basis of a complaint" +"received from the citizen against unfair administrative action or suo" +"moto (i.e. on his own initiative). He can prosecute any erring official" +"including the judges. However, he himself cannot inflict any" +"punishment. He only reports the matter to the higher authorities for" +"taking the necessary corrective action." +"In sum, the characteristics of the Swedish institution of" +"Ombudsman are as follows:" +"(i) Independence of action from the executive" +"(ii) Impartial and objective investigation of complaints" +"(iii) Suo moto power to start investigations" +"(iv) Uninterrupted access to all the files of administration" +"(v) Right to report to the Parliament as opposed to the executive;" +"the institution of ombudsman is based on the doctrine of" +"administrative accountability to legislature." +"(vi) Wide publicity given to its working in press and other media" +"(vii) Direct, simple, informal, cheap and speedy method of handling" +" complaints" +"From Sweden, the institution of Ombudsman spread to other" +"Scandinavian countries– Finland (1919), Denmark (1955) and" +"Norway (1962). New Zealand is the first Commonwealth country in" +"the world to have adopted the Ombudsman system in the form of a" +"Parliamentary Commissioner for Investigation in 1962. The United" +"Kingdom adopted Ombudsman-like institution called Parliamentary" +"Commissioner for Administration in 1967. Since then, more than 40" +"counties of the world have adopted Ombudsman-like institutions with" +"different nomenclature and functions. The Ombudsman in India is" +"called Lokpal/Lokayukta. Donald. C. Rowat says that the institution of" +"Ombudsman is a “bulkwork of democratic government against the" +"tyranny of officialdom.” While Gerald E. Caiden described the" +"Ombudsman as “institutionalised public conscience.”" +"Another unique institutional device created for the redressal of" +"citizens’ grievances against administrative authorities, is the French" +"system of Administrative Courts. Due to its success in France, the" +"system has gradually spread to many other European and African" +"countries like Belgium, Greece and Turkey." +"The socialist countries like the former USSR (now Russia), China," +"Poland, Hungary, Czechoslovakia and Romania have created their" +"own institutional device for the redressal of citizens’ grievances. It is" +"called ‘Procurator System’ in these countries. It should be noted here" +"that the office of the Procurator-General is still functioning in Russia." +"He is appointed for a tenure of seven years." +" POSITION IN INDIA" +"" +"The existing legal and institutional framework to check corruption and" +"redress citizens’ grievances in India consists of the following:" +"1. Public Servants (Enquiries) Act, 1850" +"2. Indian Penal Code, 1860" +"3. Special Police Establishment, 1941" +"4. Delhi Police Establishment Act, 1946" +"5. Prevention of Corruption Act, 1988" +"6. Commissions of Inquiry Act, 1952 (against political leaders and" +"eminent public men)" +"7. All-India Services (Conduct) Rules, 1968" +"8. Central Civil Services (Conduct) Rules, 1964" +"9. Railway Services (Conduct) Rules, 1966" +"10. Vigilance organisations in ministries / departments, attached" +"and subordinate offices and public undertakings" +"11. Central Bureau of Investigation, 1963" +"12. Central Vigilance Commission, 1964" +"13. State Vigilance Commissions, 1964" +"14. Anti corruption bureaus in states" +"15. Lokpal (Ombudsman) at the Centre" +"16. Lokayukta (Ombudsman) in states" +"17. Divisional Vigilance Board" +"18. District Vigilance Officer" +"19. National Consumer Disputes Redressal Commission" +"20. National Commission for SCs" +"21. National Commission for STs" +"22. Supreme Court and High Courts in states" +"23. Administrative Tribunals (quasi-judicial bodies)" +"24. Directorate of Public Grievances in the Cabinet Secretariat," +"1988" +"25. Parliament and its committees" +"26. ‘File to Field’ programme in some states like Kerala. In this" +"innovative scheme, the administrator goes to the village/area" +"and hears public grievances and takes immediate action" +"wherever possible." +" LOKPAL" +"" +"The Administrative Reforms Commission (ARC) of India (1966–1970)" +"recommended the setting up of two special authorities designated as" +"‘Lokpal’ and ‘lokayukta’ for the redressal of citizens’ grievances2." +"These institutions were to be set up on the pattern of the institution of" +"Ombudsman in Scandinavian countries and the parliamentary" +"commissioner for investigation in New Zealand. The Lokpal would" +"deal with complaints against ministers and secretaries at Central and" +"state levels, and the lokayukta (one at the Centre and one in every" +"state) would deal with complaints against other specified higher" +"officials. The ARC kept the judiciary outside the purview of Lokpal" +"and lokayukta as in New Zealand. But, in Sweden the judiciary is" +"within the purview of Ombudsman." +"According to the ARC, the Lokpal would be appointed by the" +"president after consultation with the chief justice of India, the" +"Speaker of Lok Sabha and the Chairman of the Rajya Sabha." +"The ARC also recommended that the institutions of Lokpal and" +"lokayukta should have the following features:" +"1. They should be demonstratively independent and impartial." +"2. Their investigations and proceedings should be conducted in" +"private and should be informal in character." +"3. Their appointment should be, as far as possible, non-political." +"4. Their status should compare with the highest judicial" +"functionaries in the country." +"5. They should deal with matters in the discretionary field" +"involving acts of injustice, corruption or favouritism." +"6. Their proceedings should not be subject to judicial interference." +"7. They should have the maximum latitude and powers in" +"obtaining information relevant to their duties." +"8. They should not look forward to any benefit or pecuniary" +"advantage from the executive government." +"The Government of India accepted the recommendations of ARC" +"in this regard. So far, ten official attempts have been made to bring" +"about legislation on this subject. Bills were introduced in the" +"Parliament in the following years:" +"1. In May 1968, by the Congress Government headed by Indira" +"Gandhi." +" 2. In April 1971, again by the Congress Government headed by" +"Indira Gandhi." +"3. In July 1977, by the Janata Government headed by Morarji" +"Desai." +"4. In August 1985, by the Congress Government headed by Rajiv" +"Gandhi." +"5. In December 1989, by the National Front Government headed" +"by V.P. Singh." +"6. In September 1996, by the United Front Government headed" +"by Deve Gowda." +"7. In August 1998, by the BJP-led coalition Government headed" +"by A.B. Vajpayee." +"8. In August 2001, by the NDA government headed by A.B." +"Vajpayee." +"9. In August 2011, by the UPA government headed by Manmohan" +"Singh." +"10. In December 2011, by the UPA government headed by" +"Manmohan Singh." +"The first four bills lapsed due to the dissolution of Lok Sabha," +"while the fifth one was withdrawn by the government. The sixth and" +"seventh bills also lapsed due to the dissolution of the 11th and 12th" +"Lok Sabha. Again, the eighth bill (2001) lapsed due to the dissolution" +"of the 13th Lok Sabha in 2004. The ninth bill (2011) was withdrawn by" +"the government." +" LOKPAL AND LOKAYUKTAS ACT (2013)" +"" +"Features" +"The salient features of the Lokpal and Lokayuktas Act (2013) are as" +"follows.3" +"1. It seeks to establish the institution of the Lokpal at the Centre" +"and the Lokayukta at the level of the State and thus seeks to" +"provide a uniform vigilance and anti-corruption road map for the" +"nation both at the Centre and at the States. The jurisdiction of" +"Lokpal includes the Prime Minister, Ministers, Members of" +"Parliament and Groups A, B, C and D officers and officials of" +"the Central Government." +"2. The Lokpal to consist of a Chairperson with a maximum of 8" +"members of which 50% shall be judicial members." +"3. 50% of the members of the Lokpal shall come from amongst" +"the SCs, the STs, the OBCs, minorities and women." +"4. The selection of the Chairperson and the members of Lokpal" +"shall be through a Selection Committee consisting of the Prime" +"Minister, the Speaker of the Lok Sabha, the Leader of the" +"Opposition in the Lok Sabha, the Chief Justice of India or a" +"sitting Supreme Court Judge nominated by the Chief Justice of" +"India and an eminent jurist to be nominated by the President of" +"India on the basis of recommendations of the first four" +"members of the selection committee." +"5. A Search Committee will assist the Selection Committee in the" +"process of selection. 50% of the members of the Search" +"Committee shall also be from amongst the SCs, the STs, the" +"OBCs, minorities and women." +"6. The Prime Minister has been brought under the purview of the" +"Lokpal with subject matter exclusions and specific process for" +"handling complaints against the Prime Minister." +"7. Lokpal’s jurisdiction will cover all categories of public servants," +"including Group A, Group B, Group C, and Group D officers and" +"employees of Government. On complaints referred to the CVC" +"by the Lokpal, the CVC will send its report of preliminary" +"enquiry in respect of Group A and Group B Officers back to the" +"Lokpal for further decision. With respect to categories of" +"employees from Group C and Group D, the CVC will proceed" +" further in exercise of its own powers under the CVC Act subject" +"to reporting and review by the Lokpal." +"8. The Lokpal will have the power of superintendence and" +"direction over any investigating agency, including the CBI, for" +"cases referred to them by the Lokpal." +"9. A High-Powered Committee chaired by the Prime Minister will" +"recommend the selection of the Director of CBI." +"10. It incorporates provisions for attachment and confiscation of" +"property of public servants acquired by corrupt means, even" +"while the prosecution is pending." +"11. It lays down clear timelines. For preliminary enquiry, it is three" +"months extendable by three months. For investigation, it is six" +"months which may be extended by six months at a time. For" +"trial, it is one year extendable by one year and to achieve this," +"special courts to be set up." +"12. It enhances maximum punishment under the Prevention of" +"Corruption Act from seven years to ten years. The minimum" +"punishment under sections 7, 8, 9 and 12 of the Prevention of" +"Corruption Act will now be three years, and the minimum" +"punishment under section 15 (punishment for attempt) will now" +"be two years." +"13. Institutions which are financed fully or partly by Government" +"are under the jurisdiction of Lokpal, but institutions aided by" +"Government are excluded." +"14. It provides adequate protection for honest and upright public" +"servants." +"15. Lokpal conferred with power to grant sanction for prosecution" +"of public servants in place of the Government or competent" +"authority." +"16. It contains a number of provisions aimed at strengthening the" +"CBI such as:" +"(i) setting up of a Directorate of Prosecution headed by a Director" +"Prosecution under the overall control of the Director of CBI;" +"(ii) appointment of the Director of Prosecution on t" +"recommendation of the CVC;" +"(iii) maintenance of a panel of advocates by CBI other th" +"Government advocates with the consent of the Lokpal" +"handling Lokpal-referred cases;" +"(iv) transfer of officers of CBI investigating cases referred by Lok" +"with the approval of Lokpal;" +" (v) provision of adequate funds to CBI for investigating cas" +"referred by Lokpal." +"17. All entities receiving donations from foreign source in the" +"context of the Foreign Contribution Regulation Act (FCRA) in" +"excess of ₹10 lakhs per year are brought under the jurisdiction" +"of Lokpal." +"18. It contains a mandate for setting up of the institution of" +"Lokayukta through enactment of a law by the State Legislature" +"within a period of 365 days from the date of commencement of" +"this Act. Thus, the Act provides freedom to the states to decide" +"upon the contours of the Lokayukta mechanism in their" +"respective states." +"" +"Drawbacks" +"The following are the drawbacks (shortcomings) of the Lokpal and" +"Lokayuktas Act, 20133a:" +"1. Lokpal cannot suo motu proceed against any public servant." +"2. Emphasis on form of complaint rather than substance." +"3. Heavy punishment for false and frivolous complaints against" +"public servants may deter complaints being filed to Lokpal." +"4. Anonymous complaints not allowed -Can’t just make a" +"complaint on plain paper and drop it in a box with supporting" +"documents." +"5. Legal assistance to public servant against whom complaint is" +"filed." +"6. Limitation period of 7 years to file complaints." +"7. Very non-transparent procedure for dealing with complaints" +"against the PM." +" LOKAYUKTAS" +"" +"Even much before the enactment of the Lokpal and Lokayuktas Act" +"(2013) itself, many states had already set up the institution of" +"Lokayuktas." +"It must be noted here that the institution of lokayukta was" +"established first in Maharashtra in 1971. Although Odisha had" +"passed the Act in this regard in 1970, it came into force only in 1983." +"Till 2013, 21 states and 1 Union Territory (Delhi) have established" +"the institution of Lokyuktas. The details in this regard are mentioned" +"below in Table 61.1." +"" +"Table 61.1 Establishment of Lokayukta in States (Chronological" +"Order)" +"Sl. States/UTs Created in (enacted" +"No. in)" +"1. Odisha 1970" +"2. Maharashtra 1971" +"3. Rajasthan 1973" +"4. Bihar 1974" +"5. Uttar Pradesh 1975" +"6. Madhya Pradesh 1981" +"7. Andhra Pradesh 1983" +"8. Himachal Pradesh 1983" +"9. Karnataka 1985" +"10. Assam 1985" +"11. Gujarat 1986" +"12. Punjab 1995" +"13. Delhi 1995" +"14. Kerala 1999" +"15. Jharkhand 2001" +"16. Chattisgarh 2002" +" 17. Haryana 2002" +"18. Uttarakhand 2002" +"19. Jammu and Kashmir3b 2002" +"20. West Bengal 2003" +"21. Tripura 2008" +"22. Goa 2011" +"" +"The various aspects of the institution of lokayukta are:" +"" +"Structural Variations" +"The structure of the lokayukta is not same in all the states. Some" +"States like Rajasthan, Karnataka, Andhra Pradesh and Maharashtra" +"have created the lokayukta as well as upalo-kayukta, while some" +"others like Bihar, Uttar Pradesh and Himachal Pradesh have created" +"only the lokayukta. There are still other states like Punjab and Orissa" +"that have designated officials as Lokpal. This pattern was not" +"suggested by the ARC in the states." +"" +"Appointment" +"The lokayukta and upalokayukta are appointed by the governor of" +"the state. While appointing, the governor in most of the states" +"consults (a) the chief justice of the state high court, and (b) the leader" +"of Opposition in the state legislative assembly4 ." +"" +"Qualifications" +"Judicial qualifications are prescribed for the lokayukta in the States of" +"Uttar Pradesh, Himachal Pradesh, Andhra Pradesh, Gujarat, Orissa," +"Karnataka and Assam. But no specific qualifications are prescribed in" +"the states of Bihar, Maharashtra and Rajasthan." +"" +"Tenure" +"In most of the states, the term of office fixed for lokayukta is of 5" +"years duration or 65 years of age, whichever is earlier. He is not" +"eligible for reappointment for a second term." +" Jurisdiction" +"There is no uniformity regarding the jurisdiction of lokayukta in all the" +"states. The following points can be noted in this regard:" +"(a) The chief minister is included within the jurisdiction of lokayukta" +"in the states of Himachal Pradesh, Andhra Pradesh, Madhya" +"Pradesh and Gujarat, while he is excluded from the purview of" +"loka-yukta in the states of Maharashtra, Uttar Pradesh," +"Rajasthan, Bihar and Orissa." +"(b) Ministers and higher civil servants are included in the purview of" +"lokayukta in almost all the states. Maharashtra has also" +"included former ministers and civil servants." +"(c) Members of state legislatures are included in the purview of" +"lokayukta in the States of Andhra Pradesh, Himachal Pradesh," +"Gujarat, Uttar Pradesh and Assam." +"(d) The authorities of the local bodies, corporations, companies and" +"societies are included in the jurisdiction of the lokayukta in most" +"of the states." +"" +"Investigations" +"In most of the states, the lokayukta can initiate investigations either" +"on the basis of a complaint received from the citizen against unfair" +"administrative action or suo moto. But he does not enjoy the power to" +"start investigations on his own initiative (suo moto) in the States of" +"Uttar Pradesh, Himachal Pradesh and Assam." +"" +"Scope of Cases Covered" +"The lokayukta can consider the cases of ‘grievances’ as well as" +"‘allegations’ in the States of Maharashtra, Uttar Pradesh, Assam," +"Bihar and Karnataka. But, in Himachal Pradesh, Andhra Pradesh," +"Rajasthan and Gujarat, the job of lokayuktas is confined to" +"investigating allegations (corruption) and not grievances" +"(maladministration)." +"" +"Other Features" +"1. The lokayukta presents, annually, to the governor of the state a" +"consolidated report on his performance. The governor places" +"this report along with an explanatory memorandum before the" +" state legislature. The lokayukta is responsible to the state" +"legislature." +"2. He takes the help of the state investigating agencies for" +"conducting inquiries." +"3. He can call for relevant files and documents from the state" +"government departments." +"4. The recommendations made by the loka-yukta are only" +"advisory and not binding on the state government." +"" +"" +"NOTES AND REFERENCES" +"1. According to the Chambers Dictionary, grievance means ‘a" +"ground of complaint; a condition felt to be oppressive or" +"wrongful’." +"2. The ARC headed by Morarji Desai submitted a special" +"interim report on the ‘Problems of Redressal of Citizens’" +"Grievances’ in 1966." +"3. Press Information Bureau, Government of India, December" +"23, 2013." +"3a. Tixmann’s Guide to Lokpal and Lokayuktas Act 2013, pp.I-" +"9 to I-11." +"3b. In Jammu and Kashmir, the institution is known as State" +"Accountability Commission (SAC)." +"4. But, in Andhra Pradesh, the leader of the Opposition in the" +"state legislative assembly is not required to be consulted in" +"this regard. In Karnataka, on the other hand, the Chairman" +"of the state legislative council, the Speaker of the state" +"legislative assembly and the leader of Opposition in the" +"state legislative council are also required to be consulted" +"on this matter." +" 62 National Investigation Agency" +"" +"" +"ESTABLISHMENT OF THE NIA" +"The National Investigation Agency (NIA) was constituted in 2009" +"under the provisions of the National Investigation Agency Act," +"2008 (NIA Act). It is the central counter-terrorism law enforcement" +"agency in the country." +"The NIA was established in the backdrop of the 2008 Mumbai" +"terror attacks, popularly known as the 26/11 incident. This national" +"horror led to the realisation of the need for a separate federal" +"agency to deal with terror-related crimes in the country." +"The headquarters of the NIA is at New Delhi. The branch" +"offices of the NIA are located at Hyderabad, Guwahati, Mumbai," +"Lucknow, Kochi, Kolkata, Jammu and Raipur. In addition, the NIA" +"has a separate specialised cell known as TFFC Cell dealing with" +"the subjects of fake currency notes and terror funding." +"The NIA is headed by a Director-General. He is appointed by" +"the central government. His powers are similar to the powers" +"exercisable by a Director-General of Police in respect of the police" +"force in a state." +"The NIA works under the administrative control of the Ministry" +"of Home Affairs, Government of India. The state government" +"extends all assistance and co-operation to the NIA for" +"investigation of the offences specified under the NIA Act." +" RATIONALE OF THE NIA" +"" +"While introducing the NIA Bill in the Parliament, the Government" +"of India gave the following reasons for creating the NIA1 :" +"1. Over the past several years, India has been the victim of" +"large-scale terrorism sponsored from across the borders." +"There have been innumerable incidents of terrorist attacks," +"not only in the militancy and insurgency affected areas and" +"areas affected by left-wing extremism, but also in the form of" +"terrorist attacks and bomb blasts, etc., in various parts of the" +"hinterland and major cities, etc." +"2. A large number of such incidents are found to have complex" +"inter-state and international linkages, and possible" +"connection with other activities like the smuggling of arms" +"and drugs, pushing in and circulation of fake Indian currency," +"infiltration from across the borders, etc." +"3. Keeping all these in view, it was felt that there was a need" +"for setting up of an agency at the central level for the" +"investigation of offences related to terrorism and certain" +"other Acts, which have national ramifications." +"4. Several expert committees and the Second Administrative" +"Reforms Commission2 have also made recommendations" +"for establishing such an agency." +"5. The Government, after due consideration and examination" +"of the issues involved, proposed to enact a legislation to" +"make provisions for establishment of an NIA in a concurrent" +"jurisdiction framework, with provisions for taking up specific" +"cases under specific Acts for investigation. These provisions" +"are proposed to be incorporated in the National Investigation" +"Agency Bill, 2008." +" FUNCTIONS OF THE NIA" +"The NIA is mandated to investigate and prosecute offences under" +"the various Acts mentioned in the Schedule of the NIA Act. In" +"pursuance of its mandate, the NIA collects, collates and analyses" +"counter-terrorism investigation. It also shares inputs with its sister" +"intelligence agencies and law enforcement units both at central" +"and state governments level." +"In more detail, the functions assigned to the NIA are as follows3" +":" +"(a) To investigate and prosecute offences in respect of the Acts" +"specified in the Schedule of the NIA Act." +"(b) To provide assistance to, and seek assistance from, other" +"intelligence and investigation agencies of the central" +"government and state governments." +"(c) To take other such measures which may be necessary for" +"speedy and effective implementation of the provisions of the" +"NIA Act." +" VISION OF THE NIA" +"" +"The following points highlight the vision of the NIA:" +"1. The NIA aims to be a thoroughly professional investigative" +"agency matching the best international standards." +"2. The NIA aims to set the standards of excellence in counter-" +"terrorism and other national security-related investigations at" +"the national level by developing into a highly trained," +"partnership-oriented workforce." +"3. The NIA aims at creating deterrence for existing and" +"potential terrorist groups/ individuals." +"4. The NIA aims to develop as a storehouse of all terrorist-" +"related information." +" MISSION OF THE NIA" +"" +"The mission of the NIA is as follows:" +"1. In-depth professional investigation of scheduled offences" +"using the latest scientific methods of investigation and" +"setting up such standards as to ensure that all cases" +"entrusted to the NIA are detected." +"2. Ensuring effective and speedy trial." +"3. Developing into a thoroughly professional, result-oriented" +"organisation, upholding the Constitution of India and laws of" +"the land, giving prime importance to the protection of human" +"rights and dignity of the individual." +"4. Developing a professional workforce through regular training" +"and exposure to the best practices and procedures." +"5. Displaying scientific temper and progressive spirit while" +"discharging the duties assigned." +"6. Inducting modern methods and latest technology in every" +"sphere of activities of the agency." +"7. Maintaining professional and cordial relations with the" +"governments of states and union territories and other law" +"enforcement agencies in compliance with the legal" +"provisions of the NIA Act." +"8. Assisting all states and other investigating agencies in" +"investigation of terrorist cases." +"9. Building a database on all terrorist-related information and" +"sharing the available database with the states and other" +"agencies." +"10. Studying and analysing laws relating to terrorism in other" +"countries and regularly evaluating the adequacy of existing" +"laws in India and proposing changes as and when" +"necessary." +"11. Winning the confidence of the citizens of India through" +"selfless and fearless endeavours." +" JURISDICTION OF THE NIA" +"" +"The NIA has concurrent jurisdiction to investigate and prosecute" +"the offences affecting the sovereignty, security and integrity of" +"India, security of state, friendly relations with foreign states and" +"offences under various Acts enacted to implement international" +"treaties, agreements, conventions and resolutions of the UNO, its" +"agencies and other international organisations." +"The NIA is empowered to probe terror attacks including bomb" +"blasts, hijacking of aircrafts and ships, attacks on nuclear" +"installations and use of weapons of mass destruction." +"In 2019, the jurisdiction of the NIA was extended4." +"Consequently, the NIA is also empowered to probe the offences" +"relating to human trafficking, counterfeit currency or bank notes," +"manufacture or sale of prohibited arms, cyber-terrorism and" +"explosive substances." +" NIA (AMENDMENT) ACT, 2019" +"" +"The various features or provisions of the amendment are as" +"follows5 :" +"1. It applied the provisions of the NIA Act also to persons who" +"commit a scheduled offence beyond India against Indian" +"citizens or affecting the interest of India." +"2. It provided that the officers of the NIA shall have the similar" +"powers, duties, privies and liabilities being exercised by the" +"police officers in connection with the investigation of" +"offences, not only in India but also outside India." +"3. It empowered the central government, with respect to a" +"scheduled offence committed outside India, to direct the NIA" +"to register the case and take up investigation as if such" +"offence has taken place in India." +"4. It provided that the central government and the state" +"governments may designate Sessions Courts as Special" +"Courts for conducting the trial of offences under the NIA Act." +"5. It inserted certain new offences in the Schedule of the NIA" +"Act6 ." +"" +"" +"NOTES AND REFERENCES" +"1. Based on the statement of objects and reasons" +"appended to the NIA Bill, 2008." +"2. The second Administrative Reforms Commission" +"(Chairman: Veerappa Moily), 2005–09, in its report" +"entitled ‘Combating Terrorism’ (2008)." +"3. The National Investigation Agency (Manner of" +"Constitution) Rules, 2008." +"4. Vide the NIA (Amendment) Act, 2019." +"5. Based on the Statement of Objects and Reasons" +"appended to the NIA (Amendment) Bill, 2019." +"6. See the last paragraph under the above heading" +"(Jurisdiction of the NIA)." +" 63 National Disaster Management" +"Authority" +"" +"" +"ESTABLISHMENT OF THE NDMA" +"The Government of India, recognising the importance of disaster" +"management as a national priority, had set up a High Powered" +"Committee in 1999 and a National Committee in 2001 after the" +"Gujarat earthquake, to make recommendations on the preparation" +"of disaster management plans and suggest effective mitigation" +"mechanisms. However, after the Indian Ocean tsunami of 2004," +"the Government of India took a defining step in the legislative" +"history of the country by enacting the Disaster Management Act," +"20051 ." +"The Act provided for the creation of the National Disaster" +"Management Authority (NDMA) to spearhead and implement a" +"holistic and integrated approach to disaster management in the" +"country. Initially, the NDMA was constituted in 2005 by an" +"Executive Order of the Government of India. Subsequently, the" +"NDMA was notified in 2006 under the provisions of the Act2 ." +"The NDMA consists of a chairperson and other members, not" +"exceeding nine. The Prime Minister is the ex-officio chairperson of" +"the NDMA. The other members are nominated by the chairperson" +"of the NDMA. The chairperson of the NDMA designates one of the" +"members as the vice-chairperson of the NDMA. The vice-" +"chairperson has the status of a Cabinet Minister while the other" +"members have the status of a Minister of State." +"The NDMA is the apex body for disaster management in the" +"country. It works under the administrative control of the Union" +"Ministry of Home Affairs." +"The NDMA was established with this vision: ‘To build a safer" +"and disaster resilient India by a holistic, pro-active, technology" +"driven and sustainable development strategy that involves all" +" stakeholders and fosters a culture of prevention, preparedness" +"and mitigation’." +" OBJECTIVES OF THE NDMA" +"The objectives of the NDMA are as follows:" +"1. To promote a culture of prevention, preparedness and" +"resilience at all levels through knowledge, innovation and" +"education." +"2. To encourage mitigation measures based on technology," +"traditional wisdom and environmental sustainability." +"3. To mainstream disaster management into the developmental" +"planning process." +"4. To establish institutional and techno-legal frameworks to" +"create an enabling regulatory environment and a compliance" +"regime." +"5. To ensure efficient mechanism for identification, assessment" +"and monitoring of disaster risks." +"6. To develop contemporary forecasting and early warning" +"systems backed by responsive and failsafe communication" +"with information technology support." +"7. To ensure efficient response and relief with a caring" +"approach towards the needs of the vulnerable sections of" +"the society." +"8. To undertake reconstruction as an opportunity to build" +"disaster resilient structures and habitat for ensuring safer" +"living." +"9. To promote a productive and proactive partnership with the" +"media for disaster management." +" FUNCTIONS OF THE NDMA" +"" +"The NDMA has the responsibility for laying down the policies," +"plans and guidelines for disaster management for ensuring timely" +"and effective response to disaster." +"The functions of the NDMA are as follows:" +"1. To lay down policies on disaster management." +"2. To approve the National Plan." +"3. To approve plans prepared by the Ministries or Departments" +"of the Government of India in accordance with the National" +"Plan." +"4. To lay down guidelines to be followed by the State Disaster" +"Management Authorities (SDMAs)3 in drawing up the State" +"Plan." +"5. To lay down guidelines to be followed by the different" +"Ministries or Departments of the Government of India for the" +"purpose of integrating the measures for prevention of" +"disaster or the mitigation of its effects in their development" +"plans and projects." +"6. To coordinate the enforcement and implementation of the" +"policy and plan for disaster management." +"7. To recommend provision of funds for the purpose of" +"mitigation." +"8. To provide such support to other countries affected by major" +"disasters as may be determined by the central government." +"9. To take other such measures for the prevention of disaster," +"or the mitigation, or preparedness and capacity building for" +"dealing with the threatening disaster situation or disaster as" +"it may consider necessary." +"10. To lay down broad policies and guidelines for the functioning" +"of the National Institute of Disaster Management4 ." +" ADDITIONAL FUNCTIONS OF THE NDMA" +"" +"In addition to the above, the NDMA also performs the following" +"functions:" +"1. It recommends guidelines for the minimum standards of" +"relief to be provided to persons affected by disaster." +"2. It recommends, in cases of disasters of severe magnitude," +"relief in repayment of loans or grant of fresh loans on" +"concessional terms to the persons affected by such" +"disasters." +"3. It exercises the general superintendence, direction and" +"control of the National Disaster Response Force (NDRF)." +"This force has been constituted for the purpose of specialist" +"response to a threatening disaster situation or disaster." +"4. It authorises the concerned department or authority to make" +"the emergency procurement of provisions or materials for" +"rescue or relief in any threatening disaster situation or" +"disaster. In such case, the standard procedure requiring" +"inviting of tenders is deemed to be waived." +"5. It prepares an annual report on its activities and submits it to" +"the central government. The central government causes it to" +"be laid before both Houses of Parliament5 ." +" STATE DISASTER MANAGEMENT AUTHORITY" +"" +"Composition" +"Every state government should establish a State Disaster" +"Management Authority (SDMA) for the state. An SDMA consists" +"of a chairperson and other members, not exceeding nine. The" +"Chief Minister of the state is the ex-officio chairperson of the" +"SDMA. The chairperson of the State Executive Committee is the" +"ex-officio member of the SDMA. The other members, not" +"exceeding eight, are nominated by the chairperson of the SDMA." +"The chairperson of the SDMA designates one of the members as" +"the vice-chairperson of the SDMA. The chairperson of the State" +"Executive Committee acts as the ex-officio chief executive officer" +"of the SDMA." +"" +"Functions" +"An SDMA has the responsibility for laying down policies and plans" +"for disaster management in the state. Its functions include the" +"following:" +"1. To lay down the state disaster management policy." +"2. To approve the State Plan in accordance with the guidelines" +"laid down by the NDMA." +"3. To approve the disaster management plans prepared by the" +"departments of the government of the state." +"4. To lay down guidelines to be followed by the departments of" +"the government of the state for the purposes of integration of" +"measures for prevention of disasters and mitigation in their" +"development plans and projects and provide necessary" +"technical assistance thereof." +"5. To coordinate the implementation of the State Plan." +"6. To recommend provision of funds for mitigation and" +"preparedness measures." +"7. To review the development plans of the different" +"departments of the state and ensure that prevention and" +"mitigation measures are integrated therein." +" 8. To review the measures being taken for mitigation, capacity" +"building and preparedness by the departments of the" +"government of the state and issue such guidelines as may" +"be necessary." +" DISTRICT DISASTER MANAGEMENT AUTHORITY" +"" +"Composition" +"Every state government should establish a District Disaster" +"Management Authority (DDMA) for every district in the state. A" +"DDMA consists of a chairperson and other members, not" +"exceeding seven. The Collector (or District Magistrate or Deputy" +"Commissioner) of the district is the ex-officio chairperson of the" +"DDMA. The elected representative of the local authority is the ex-" +"officio co-chairperson of the DDMA. But, in case of Tribal Areas" +"(as referred to in the Sixth Schedule to the Constitution of India)," +"the chief executive member of the district council of autonomous" +"district is the ex-officio co-chairperson of the DDMA. The chief" +"executive officer of the DDMA, the superintendent of police and" +"the chief medical officer of the district are the ex-officio members" +"of the DDMA. Not more than two other district level officers are" +"appointed by the state government as the members of the DDMA." +"In case of a district where Zilla Parishad exists, the chairperson of" +"that Zilla Parishad is the co-chairperson of the DDMA. The chief" +"executive officer of the DDMA is appointed by the state" +"government." +"" +"Functions" +"The DDMA acts as the district planning, coordinating and" +"implementing body for disaster management and takes all" +"measures for the purposes of disaster management in the district" +"in accordance with the guidelines laid down by the NDMA and the" +"SDMA. Its functions are as follows:" +"1. To prepare a disaster management plan including district" +"response plan for the district." +"2. To coordinate and monitor the implementation of the" +"National Policy, State Policy, National Plan, State Plan and" +"District Plan." +"3. To ensure that the areas in the district vulnerable to" +"disasters are identified and measures for the prevention of" +" disasters and the mitigation of its effects are undertaken by" +"the departments of the government at the district level as" +"well as by the local authorities." +"4. To ensure that the guidelines for prevention of disasters," +"mitigation of its effects, preparedness and response" +"measures as laid down by the NDMA and the SDMA are" +"followed by all departments of the government at the district" +"level and the local authorities in the district." +"5. To organise and coordinate specialised training programmes" +"for different levels of officers, employees and voluntary" +"rescue workers in the district." +"6. To facilitate community training and awareness programmes" +"for prevention of disaster or mitigation with the support of" +"local authorities, governmental and non-governmental" +"organisations." +"7. To set up, maintain, review and upgrade the mechanism for" +"early warnings and dissemination of proper information to" +"the public." +"8. To advise, assist and coordinate the activities of the" +"departments of the government at the district level, statutory" +"bodies and other governmental and nongovernmental" +"organisations in the district engaged in disaster" +"management." +"9. To identify buildings and places which could, in the event of" +"any threatening disaster situation or disaster, be used as" +"relief centres or camps and make arrangements for water" +"supply and sanitation in such buildings or places." +"10. To perform such other functions as the state government or" +"SDMA may assign to it or as it deems necessary for disaster" +"management in the District." +"" +"" +"NOTES AND REFERENCES" +"1. Annual Report 2016–17, National Disaster Management" +"Authority, Government of India, p. 2." +"2. Ibid." +"3. The Act also provided for the establishment of the State" +"Disaster Management Authorities and the District" +" Disaster Management Authorities." +"4. The National Institute of Disaster Management is" +"located at New Delhi." +"5. The Disaster Management (Annual Report of National" +"Authority) Rules, 2006." +" PART-IX" +"OTHER CONSTITUTIONAL DIMENSIONS" +"" +"64. Co-operative Societies" +"65. Official Language" +"66. Public Services" +"67. Rights and Liabilities of the Government" +"68. Special Provisions Relating to Certain Classes" +" 64 Co-operative Societies" +"" +"" +"" +"" +"T he 97th Constitutional Amendment Act of 2011 gave a" +"constitutional status and protection to co-operative" +"societies. In this context, it made the following three" +"changes in the constitution:" +"1. It made the right to form co-operative societies a" +"fundamental right (Article 191 )." +"2. It included a new Directive Principle of State Policy on" +"promotion of co-operative societies (Article 43-B2 )." +"3. It added a new Part IX-B in the Constitution which is entitled" +"“The Co-operative Societies” (Articles 243-ZH to 243-ZT)." +" CONSTITUTIONAL PROVISIONS" +"" +"Part IX-B of the constitution contains the following provisions with" +"respect to the cooperative societies:" +"Incorporation of Co-operative Societies: The state legislature" +"may make provisions for the incorporation, regulation and" +"winding-up of co-operative societies based on the principles of" +"voluntary formation, democratic membercontrol, member-" +"economic participation and autonomous functioning." +"Number and Term of Members of Board and its Office" +"Bearers: The board shall consist of such number of directors as" +"may be provided by the state legislature.3 But, the maximum" +"number of directors of a co-operative society shall not exceed" +"twenty-one." +"The state legislature shall provide for the reservation of one" +"seat for the Scheduled Castes or the Scheduled Tribes and two" +"seats for women on the board of every co-operative society" +"having members from such a category of persons." +"The term of office of elected members of the board and its" +"office bearers shall be five years from the date of election.4" +"The state legislature shall make provisions for co-option of" +"persons having experience in the field of banking, management," +"finance or specialisation in any other related field, as members of" +"the board. But, the number of such co-opted members shall not" +"exceed two (in addition to twenty-one directors). Further, the co-" +"opted members shall not have the right to vote in any election of" +"the co-operative society or be eligible to be elected as office" +"bearers of the board." +"The functional directors of a co-operative society shall also be" +"the members of the board and such members shall be excluded" +"for the purpose of counting the total number of directors (that is," +"twenty-one)." +"Election of Members of Board: The election of a board shall be" +"conducted before the expiry of the term of the board so as to" +"ensure that the newly elected members assume office" +" immediately on the expiry of the term of the office of members of" +"the outgoing board." +"The superintendence, direction and control of the preparation of" +"electoral rolls and the conduct of elections to a co-operative" +"society shall vest in such body, as may be provided by the state" +"legislature." +"Supersession and Suspension of Board and Interim" +"Management: No board shall be superseded or kept under" +"suspension for a period exceeding six months.5 The board may be" +"superseded or kept under suspension in case" +"(i) Of its persistent default" +"(ii) Of negligence in the performance of its duties" +"(iii) Of committing any act prejudicial to the interests of the co-" +"operative society or its members" +"(iv) Of there being a stalement in the constitution or functions of" +"the board" +"(v) Of the election body having failed to conduct elections in" +"accordance with the provisions of the State Act." +"However, the board of any such co-operative society shall not" +"be superseded or kept under suspension where there is no" +"Government shareholding or loan or financial assistance or any" +"guarantee by the Government." +"In case of supersession of a board, the administrator appointed" +"to manage the affairs of such a co-operative society shall arrange" +"for conduct of elections within the period of six months and hand-" +"over the management to the elected board." +"Audit of Accounts of Co-operative Societies: The state" +"legislature may make provisions for the maintenance of accounts" +"by the co-operative societies and the auditing of such accounts at" +"least once in each financial year. It shall lay down the minimum" +"qualifications and experience of auditors and auditing firms that" +"shall be eligible for auditing the accounts of the co-operative" +"societies." +"Every co-operative society shall be audited by an auditor or" +"auditing firm, appointed by the general body of the co-operative" +"society. But, such an auditor or auditing firm shall be appointed" +" from a panel approved by the State Government or a body" +"authorised by the State Government on this behalf." +"The accounts of every co-operative society shall be audited" +"within six months of the close of the financial year." +"The audit report of the accounts of an apex co-operative" +"society shall be laid before the state legislature." +"Convening of General Body Meetings: The state legislature" +"may provide that the annual general body meeting of every co-" +"operative society shall be convened within a period of six months" +"of the close of the financial year. Right of a Member to Get" +"Information: The state legislature may provide for access to every" +"member of a co-operative society to the books, information and" +"accounts of the co-operative society. It may also make provisions" +"to ensure the participation of members in the management of the" +"co-operative society. Further, it may provide for co-operative" +"education and training for its members." +"Returns: Every co-operative society shall file returns, within six" +"months of the close of every financial year, to the authority" +"designated by the State Government. These returns shall include" +"the following matters:" +"(a) Annual report of its activities" +"(b) Its audited statement of accounts" +"(c) Plan for surplus disposal as approved by the general body of" +"the co-operative society" +"(d) List of amendments to the by-laws of the co-operative" +"society" +"(e) Declaration regarding date of holding of its general body" +"meeting and conduct of elections when due" +"(f) Any other information required by the Registrar in pursuance" +"of any of the provisions of the State Act.6" +"Offences and Penalties: The state legislature may make" +"provisions for the offences relating to the co-operative societies" +"and penalties for such offences. Such a law shall include the" +"commission or omission of the following acts as offences:" +"(a) A co-operative society wilfully makes a false return or" +"furnishes false information" +" (b) Any person wilfully disobeys any summon, requisition or" +"order issued under the State Act" +"(c) Any employer who, without sufficient cause, fails to pay to a" +"co-operative society the amount deducted from its employee" +"within a period of fourteen days" +"(d) Any officer who wilfully fails to handover custody of books," +"accounts, documents, records, cash, security and other" +"property belonging to a co-operative society to an authorised" +"person" +"(e) Any person who adopts corrupt practices before, during or" +"after the election of members of the board or office bearers." +"Application to Multi-state Co-operative Societies: The" +"provisions of this part shall apply to the multi-state co-operative" +"societies subject to the modification that any reference to the" +"“State Legislature”, “State Act” or “State Government” shall be" +"construed as a reference to “Parliament”, “Central Act” or “Central" +"Government” respectively." +"Application to Union Territories: The provisions of this part shall" +"apply to the Union territories. But, the President may direct that" +"the provisions of this part shall not apply to any Union territory or" +"part thereof as he may specify in the notification." +"Continuance of Existing Laws: Any provision of any law relating" +"to co-operative societies in force in a state immediately before the" +"commencement of the Constitution (Ninetyseventh Amendment)" +"Act, 2011, which is inconsistent with the provisions of this part," +"shall continue to be in force until amended or repealed or until the" +"expiration of one year from such commencement, whichever is" +"less.7" +" REASONS FOR THE 97TH AMENDMENT" +"" +"The reasons for adding the above provisions in the Constitution by" +"the 97th Constitutional Amendment Act of 2011 are as follows:" +"1. The co-operative sector, over the years, has made" +"significant contribution to various sectors of national" +"economy and has achieved voluminous growth. However, it" +"has shown weaknesses in safeguarding the interests of the" +"members and fulfilment of objects for which these" +"institutions were organised. There have been instances" +"where elections have been postponed indefinitely and" +"nominated office bearers or administrators have remained" +"in-charge of these institutions for a long time. This reduces" +"the accountability in the management of co-operative" +"societies to their members. Inadequate professionalism in" +"management in many of the co-operative institutions has led" +"to poor services and low productivity. Co-operatives need to" +"run on well established democratic principles and elections" +"held on time and in a free and fair manner. Therefore, there" +"was a need to initiate fundamental reforms to revitalise these" +"institutions in order to ensure their contribution in the" +"economic development of the country and to serve the" +"interests of members and public at large and also to ensure" +"their autonomy, democratic functioning and professional" +"management." +"2. The “co-operative societies” is a subject enumerated in" +"Entry 32 of the state list of the Seventh Schedule of the" +"Constitution and the state legislatures have accordingly" +"enacted legislations on co-operative societies. Within the" +"framework of State Acts, growth of co-operatives on large" +"scale was envisaged as part of the efforts for securing social" +"and economic justice and equitable distribution of the fruits" +"of development. It has, however, been experienced that in" +"spite of considerable expansion of co-operatives, their" +"performance in qualitative terms has not been up to the" +"desired level. Considering the need for reforms in the Co-" +"operative Societies Acts of the States, consultations with the" +" State Governments have been held at several occasions" +"and in the conferences of state co-operative ministers. A" +"strong need has been felt for amending the Constitution so" +"as to keep the co-operatives free from unnecessary outside" +"interferences and also to ensure their autonomous" +"organisational set up and their democratic functioning." +"3. The Central Government was committed to ensure that the" +"co-operative societies in the country function in a" +"democratic, professional, autonomous and economically" +"sound manner. With a view to bring the necessary reforms, it" +"was proposed to incorporate a new part in the Constitution" +"so as to provide for certain provisions covering the vital" +"aspects of working of co-operative societies like democratic," +"autonomous and professional functioning. It was expected" +"that these provisions will not only ensure the autonomous" +"and democratic functioning of co-operatives, but also ensure" +"the accountability of management to the members and other" +"stakeholders and shall provide for deterrence for violation of" +"the provisions of the law." +"" +"Table 64.1 Articles Related to Co-operative Societies at a Glance" +"Article No. Subject-matter" +"243ZH Definitions" +"243ZI Incorporation of Co-operative Societies" +"243ZJ Number and Term of Members of Board and its" +"Office Bearers" +"243ZK Election of Members of Board" +"243ZL Supersession and Suspension of Board and" +"Interim Management" +"243ZM Audit of Accounts of Co-operative Societies" +"243ZN Convening of General Body Meetings" +"243ZO Right of a Member to Get Information" +"243ZP Returns" +"243ZQ Offences and Penalties" +" 243ZR Application to Multi-state Co-operative Societies" +"243ZS Application to Union Territories" +"243ZT Continuance of Existing Laws" +"" +"" +"NOTES AND REFERENCES" +"1. In Part III of the Constitution, in Article 19, in clause (1)," +"in sub-clause (c), the words “co-operative societies”" +"were inserted." +"2. In Part IV of the Constitution, a new Article 43-B was" +"inserted, which says: “The state shall endeavour to" +"promote voluntary formation, autonomous functioning," +"democratic control and professional management of" +"cooperative societies”." +"3. The “board” means the board of directors or the" +"governing body of a cooperative society, by whatever" +"name called, to which the direction and control of the" +"management of the affairs of a society is entrusted to." +"4. An “office bearer” means a president, vice-president," +"chairperson, vicechairperson, secretary or treasurer of a" +"co-operative society and includes any other person to" +"be elected by the board of any co-operative society." +"5. In case of cooperative banks, other than multi-state" +"cooperative banks, this period cannot exceed one year." +"6. The “Registrar” means the Central Registrar appointed" +"by the Central Government in relation to the multi-state" +"co-operative societies and the Registrar for co-operative" +"societies appointed by the state government under the" +"law made by the legislature of a state in relation to co-" +"operative societies." +"7. February 15, 2012, is the date of commencement of the" +"Constitution (Ninety-seventh Amendment) Act, 2011." +"The Centre has asked state governments to amend" +"their respective State Cooperative Society Act in tune" +"with the Constitution (97th Amendment) Act, 2011 before" +"February 14, 2013." +" 65 Official Language" +"" +"" +"" +"" +"P" +"art XVII of the Constitution deals with the official language" +"in Articles 343 to 351. Its provisions are divided into four" +"heads–Language of the Union, Regional languages," +"Language of the judiciary and texts of laws and Special directives." +" LANGUAGE OF THE UNION" +"" +"The Constitution contains the following provisions in respect of the" +"official language of the Union." +"1. Hindi written in Devanagari script is to be the official" +"language of the Union. But, the form of numerals to be used" +"for the official purposes of the Union has to be the" +"international form of Indian numerals and not the Devanagari" +"form of numerals." +"2. However, for a period of fifteen years from the" +"commencement of the Constitution (i.e., from 1950 to 1965)," +"the English language would continue to be used for all the" +"official purposes of the Union for which it was being used" +"before 1950." +"3. Even after fifteen years, the Parliament may provide for the" +"continued use of English language for the specified" +"purposes." +"4. At the end of five years, and again at the end of ten years," +"from the commencement of the Constitution, the president" +"should appoint a commission to make recommendations" +"with regard to the progressive use of the Hindi language," +"restrictions on the use of the English language and other" +"related issues1 ." +"5. A committee of Parliament is to be constituted to examine" +"the recommendations of the commission and to report its" +"views on them to the president2 ." +"Accordingly, in 1955, the president appointed an Official" +"Language Commission under the chairmanship of B.G. Kher. The" +"commission submitted its report to the President in 1956. The" +"report was examined by a committee of Parliament constituted in" +"1957 under the chairmanship of Gobind Ballabh Pant. However," +"another Official Language Commission (as envisaged by the" +"Constitution) was not appointed in 1960." +"Subsequently, the Parliament enacted the Official Languages" +"Act in 1963. The act provides for the continued use of English" +"(even after 1965), in addition to Hindi, for all official purposes of" +"the Union and also for the transaction of business in Parliament." +" Notably, this act enables the use of English indefinitely (without" +"any time-limit). Further, this act was amended in 1967 to make the" +"use of English, in addition to Hindi, compulsory in certain cases3 ." +" REGIONAL LANGUAGES" +"" +"The Constitution does not specify the official language of different" +"states. In this regard, it makes the following provisions:" +"1. The legislature of a state may adopt any one or more of the" +"languages in use in the state or Hindi as the official" +"language of that state. Until that is done, English is to" +"continue as official language of that state." +"Under this provision, most of the states have adopted the" +"major regional language as their official language. For" +"example, Andhra Pradesh has adopted Telugu, Kerala–" +"Malayalam, Assam–Assamese, West Bengal–Bengali," +"Odisha–Odia. The nine northern states of Himachal" +"Pradesh, Uttar Pradesh, Uttarakhand, Madhya Pradesh," +"Chhattisgarh, Bihar, Jharkhand, Haryana and Rajasthan" +"have adopted Hindi. Gujarat has adopted Hindi in addition to" +"Gujarati. Similarly, Goa has adopted Marathi in addition to" +"Konkani. Jammu and Kashmir has adopted Urdu (and not" +"Kashmiri). On the other hand, certain north-eastern States" +"like Meghalaya, Arunachal Pradesh and Nagaland have" +"adopted English. Notably, the choice of the state is not" +"limited to the languages enumerated in the Eighth Schedule" +"of the Constitution." +"2. For the time being, the official language of the Union (i.e.," +"English) would remain the link language for communications" +"between the Union and the states or between various states." +"But, two or more states are free to agree to use Hindi" +"(instead of English) for communication between themselves." +"Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar are" +"some of the states that have entered into such agreements." +"The Official Languages Act (1963) lays down that English" +"should be used for purposes of communication between the" +"Union and the non-Hindi states (that is, the states that have" +"not adopted Hindi as their official language). Further, where" +"Hindi is used for communication between a Hindi and a non-" +"Hindi state, such communication in Hindi should be" +"accompanied by an English translation." +" 3. When the President (on a demand being made) is satisfied" +"that a substantial proportion of the population of a state" +"desire the use of any language spoken by them to be" +"recognised by that state, then he may direct that such" +"language shall also be officially recognised in that state. This" +"provision aims at protecting the linguistic interests of" +"minorities in the states." +" LANGUAGE OF THE JUDICIARY AND TEXTS OF" +"LAWS" +"The constitutional provisions dealing with the language of the" +"courts and legislation are as follows:" +"1. Until Parliament provides otherwise, the following are to be" +"in the English language only:" +"(a) All proceedings in the Supreme Court and in every high" +"court." +"(b) The authoritative texts of all bills, acts, ordinances," +"orders, rules, regulations and bye-laws at the Central" +"and state levels4 ." +"2. However, the governor of a state, with the previous consent" +"of the president, can authorise the use of Hindi or any other" +"official language of the state, in the proceedings in the high" +"court of the state, but not with respect to the judgements," +"decrees and orders passed by it. In other words, the" +"judgements, decrees and orders of the high court must" +"continue to be in English only (until Parliament otherwise" +"provides)." +"3. Similarly, a state legislature can prescribe the use of any" +"language (other than English) with respect to bills, acts," +"ordinances, orders, rules, regulations or bye-laws, but a" +"translation of the same in the English language is to be" +"published. The Official Languages Act of 1963 lays down" +"that Hindi translation of acts, ordinances, orders, regulations" +"and bye-laws published under the authority of the president" +"are deemed to be authoritative texts. Further, every bill" +"introduced in the Parliament is to be accompanied by a Hindi" +"translation. Similarly, there is to be a Hindi translation of" +"state acts or ordinances in certain cases." +"The act also enables the governor of a state, with the previous" +"consent of the president, to authorise the use of Hindi or any other" +"official language of the state for judgements, decrees and orders" +"passed by the high court of the state but they should be" +"accompanied by an English translation. For example, Hindi is" +" used in Uttar Pradesh, Madhya Pradesh, Bihar and Rajasthan for" +"this purpose." +"However, the Parliament has not made any provision for the" +"use of Hindi in the Supreme Court. Hence, the Supreme Court" +"hears only those who petition or appeal in English. In 1971, a" +"petitioner insisted on arguing in Hindi a habeas corpus petition in" +"the Supreme Court. But, the Court cancelled his petition on the" +"ground that the language of the Court was English and allowing" +"Hindi would be unconstitutional." +"The Authorised Translations (Central Laws) Act of 1973 lays" +"down that a Translation in any regional language specified in the" +"Eight Schedule to the Constitution (other than Hindi) of any central" +"act, ordinance, order, rule, regulation and bye-law published under" +"the authority of the President in the Official Gazette is deemed to" +"be the authoritative texts thereof in such language." +" SPECIAL DIRECTIVES" +"" +"The Constitution contains certain special directives to protect the" +"interests of linguistic minorities and to promote the development of" +"Hindi language. There are:" +"" +"Protection of Linguistic Minorities" +"In this regard, the Constitution makes the following provisions:" +"1. Every aggrieved person has the right to submit a" +"representation for the redress of any grievance to any officer" +"or authority of the Union or a state in any of the languages" +"used in the Union or in the state, as the case may be. This" +"means that a representation cannot be rejected on the" +"ground that it is not in the official language." +"2. Every state and a local authority in the state should provide" +"adequate facilities for instruction in the mother-tongue at the" +"primary stage of education to children belonging to linguistic" +"minority groups. The president can issue necessary" +"directions for this purpose5 ." +"3. The president should appoint a special officer for linguistic" +"minorities to investigate all matters relating to the" +"constitutional safeguards for linguistic minorities and to" +"report to him. The president should place all such reports" +"before the Parliament and send to the state government" +"concerned6 ." +"" +"Development of Hindi Language" +"The Constitution imposes a duty upon the Centre to promote the" +"spread and development of the Hindi language so that it may" +"become the lingua franca of the composite culture of India7 ." +"Further, the Centre is directed to secure the enrichment of Hindi" +"by assimilating the forms, style and expressions used in" +"hindustani and in other languages specified in the Eighth" +"Schedule and by drawing its vocabulary, primarily on sanskrit and" +"secondarily on other languages." +" At present (2019), the Eighth Schedule of the Constitution" +"specifies 22 languages (originally 14 languages). These are" +"Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi," +"Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam," +"Manipuri, Marathi, Nepali, Odia8 , Punjabi, Sanskrit, Santhali," +"Sindhi, Tamil, Telugu and Urdu. Sindhi was added by the 21st" +"Amendment Act of 1967; Konkani, Manipuri and Nepali were" +"added by the 71st Amendment Act of 1992; and Bodo, Dongri," +"Maithili and Santhali were added by the 92nd Amendment Act of" +"2003" +"In terms of the Constitution provisions, there are two objectives" +"behind the specification of the above regional languages in the" +"Eighth Schedule:" +"(a) the members of these languages are to be given" +"representation in the Official Language Commission; and" +"(b) the forms, style and expression of these languages are to be" +"used for the enrichment of the Hindi language." +" COMMITTEE OF PARLIAMENT ON OFFICIAL" +"LANGUAGE9" +"" +"The Official Languages Act (1963) provided for the setting up of a" +"Committee of Parliament on Official Language to review the" +"progress made in the use of Hindi for the official purpose of the" +"Union. Under the Act, this Committee was to be constituted after" +"ten years of the promulgation of the Act (i.e., 26th January, 1965)." +"Accordingly, this Committee was set up in 1976. This Committee" +"comprises of 30 members of Parliament, 20 from Lok Sabha and" +"10 from Rajya Sabha." +"The Act contains the following provisions relating to the" +"composition and functions of the committee:" +"1. After the expiration of ten years from the date on which the" +"Act comes into force, there shall be constituted a Committee" +"on Official Language, on a resolution to that effect being" +"moved in either House of Parliament with the previous" +"sanction of the President and passed by both Houses." +"2. The Committee shall consist of thirty members, of whom" +"twenty shall be members of the House of the People and ten" +"shall be members of the Council of States to be elected" +"respectively by the members of the House of the People and" +"the members of the Council of States in accordance with the" +"system of proportional representation by means of the single" +"transferable vote." +"3. It shall be the duty of the Committee to review the progress" +"made in the use of Hindi for the official purposes of the" +"Union and submit a report to the President making" +"recommendations thereon and the President shall cause the" +"report to be laid before each House of Parliament and sent it" +"to all the State Governments." +"4. The President may, after consideration of the report, and the" +"views, expressed by the State Governments thereon, issue" +"directions in accordance with the whole or any part of the" +"report." +"The Chairman of the Committee is elected by the members of" +"the Committee. As a convention, the Union Home Minister has" +" been elected as Chairman of the Committee from time to time." +"The Committee is required to submit its report alongwith its" +"recommendations to the President after reviewing the position" +"regarding the use of Hindi in Central Government Offices on the" +"basis of its observations. Apart from adopting other methods for" +"assessing the factual position, the Committee decided to inspect" +"certain Central Government offices representing various fields of" +"activities to motivate the Central Government offices to adopt" +"maximum usage of Hindi so that the objectives of the Constitution" +"and Official Languages Act provisions could be achieved. With" +"this end in view, the Committee set up three sub-Committees and" +"for the purpose of inspection by the three sub-Committees, the" +"various Ministries/Departments etc. were divided into three" +"different groups." +"Further, in order to assess the use of Official Language for" +"various purposes and other matters connected therewith, it was" +"also decided to invite eminent persons from various fields such as" +"from education, judiciary, voluntary organizations and the" +"Secretaries of the Ministries/Departments etc., for oral evidence." +"The progressive use of Hindi in the Central Government offices" +"is being reviewed by the Committee in the background of the" +"provisions relating to Official Language as provided by the" +"Constitution; the Official Languages Act, 1963 and the Rules" +"framed thereunder. The Committee also takes note of the" +"circulars/ instructions etc. issued by the Government in this regard" +"from time to time. The terms of reference of the Committee being" +"comprehensive, it has also been examining other relevant aspects" +"like the medium of instructions in schools, colleges and the" +"universities; mode of recruitment to Central Government services" +"and medium of departmental examination etc. Taking into" +"consideration the magnitude of various aspects of the Official" +"Language policy and keeping in view the present circumstances," +"the Committee in its meeting held in June, 1985 and August, 1986" +"decided to present its report to the President in parts; each part" +"relating to a particular aspect of the Official Language policy." +"The Secretariat of the Committee is headed by the Secretary of" +"the Committee. The Secretary is assisted by the officers of the" +"level of Under Secretary and other officials. They extend all" +" required assistance in performing the various activities of the" +"Committee. For administrative purposes, this office is subordinate" +"office of Department of Official Language, Ministry of Home" +"Affairs." +" CLASSICAL LANGUAGE STATUS" +"" +"In 2004, the Government of India decided to create new category" +"of languages called as “classical languages”. In 2006, it laid down" +"the criteria for conferring the classical language status." +"So far (2019), the six languages are granted the classical" +"language status. This is shown below in Table 65.1." +"" +"Benefits" +"Once a language is declared classical, it gets financial assistance" +"for setting up a centre of excellence for the study of that language" +"and also opens up an avenue for two major awards for scholars of" +"eminence. Besides, the University Grants Commission can be" +"requested to create - to begin with at least in Central Universities -" +"a certain number of professional chairs for classical languages for" +"scholars of eminence in the language.10" +"" +"Table 65.1 Languages conferred with Classical Language Status" +"Sl. No. Languages Year of Declaration" +"1. Tamil 2004" +"2. Sanskrit 2005" +"3. Telugu 2008" +"4. Kannada 2008" +"5. Malayalam 2013" +"6. Odia 2014" +"" +"Table 65.2 Articles Related to Official Language at a Glance" +"Article No. Subject-matter" +"Language of the Union" +"343. Official language of the Union" +"344. Commission and Committee of Parliament on" +"official language" +" Regional Languages" +"345. Official language or languages of a state" +"346. Official language for communication between one" +"state and another or between a state and the" +"Union" +"347. Special provision relating to language spoken by a" +"section of the population of a state" +"Language of the Supreme Court, High Courts, etc." +"348. Language to be used in the Supreme Court and in" +"the High Courts and for Acts, Bills, etc." +"349. Special procedure for enactment of certain laws" +"relating to language" +"Special Directives" +"350. Language to be used in representation for redress" +"of grievances" +"350A. Facilities for instruction in mother-tongue at" +"primary stage" +"350B. Special Officer for linguistic minorities" +"351. Directive for development of the Hindi language" +"" +"Criteria" +"The criteria for declaring a language as classical mandates high" +"antiquity of its early texts/recorded history over a period of 1,500–" +"2,000 years, a body of ancient lit-erature/texts which is considered" +"a valuable heritage by generations of speakers and a literary" +"tradition that is original and not borrowed from another speech" +"community. Also since the classical language and literature is" +"distinct from the modern, there can also be a discontinuity" +"between the classical language and its later forms or its" +"offshoots.11" +"" +"" +"NOTES AND REFERENCES" +" 1. The Commission was to consist of a chairman and" +"other members representing the different languages" +"specified in the Eighth Schedule of the Constitution." +"2. The Committee was to consist of 30 members (20 from" +"Lok Sabha and 10 from Rajya Sabha), to be elected in" +"accordance with the system of proportional" +"representation by means of the single transferable vote." +"3. These include: (a) resolutions, general orders, rules," +"notifications, administrative or other reports or press" +"communications issued by the Central government; (b)" +"administrative and other reports and official papers laid" +"before Parliament; and (c) contracts and agreements" +"executed, licences, permits, notices, etc, issued by the" +"Central government or by a corporation or a company" +"owned by the Central government." +"4. For language in Parliament and a state legislature, see" +"the respective Chapters (i.e., 22 and 33)." +"5. This provision was added by the 7th Amendment Act of" +"1956 on the recommendation of the States" +"Reorganisation Commission." +"6. Ibid." +"7. In 1976, the Supreme Court declared Tamil Nadu’s" +"pension scheme to anti-Hindi agitators as" +"unconstitutional." +"8. The 96th Amendment Act of 2011 substituted “Odia” for" +"“Oriya”." +"9. This information is down loaded from the website of the" +"Committee of Parliament on Official Language, Ministry" +"of Home Affairs, Government of India." +"10. The Hindu, “Odia gets classical language status”," +"February 20, 2014." +"11. Ibid." +" 66 Public Services" +"" +"" +"CLASSIFICATION OF SERVICES" +"The public services (civil services or government services) in India" +"are classified into three categories–all-India services, Central" +"services and state services. Their meaning and composition are" +"explained below:" +"" +"All-India Services" +"All-India services are those services which are common to both" +"Central and state governments. The members of these services" +"occupy top positions (or key posts) under both the Centre and the" +"states and serve them by turns." +"At present, there are three all-India services. They are:" +"1. Indian Administrative Service (IAS)" +"2. Indian Police Service (IPS)" +"3. Indian Forest Service (IFS)" +"In 1947, the Indian Civil Service (ICS) was replaced by IAS," +"and the Indian Police (IP) was replaced by IPS and were" +"recognised by the Constitution as all-India services. In 1966, the" +"Indian Forest Service was established as the third all-India" +"service1 ." +"The All-India Services Act of 1951 authorised the Central" +"government to make rules in consultation with the state" +"governments for the regulation of recruitment and service" +"conditions of the members of all-India services. The members of" +"these services are recruited and trained by the Central" +"government but are assigned to different states for work. They" +"belong to different state cadres; the Centre having no cadre of its" +"own in this regard. They serve the Central government on" +"deputation and after completing their fixed tenure they go back to" +"their respective states. The Central government obtains the" +" services of these officers on deputation under the well-known" +"tenure system. It must be noted here that irrespective of their" +"division among different states, each of these all-India services" +"form a single service with common rights and status and uniform" +"scales of pay throughout the country. Their salaries and pensions" +"are met by the states." +"The all-India services are controlled jointly by the Central and" +"state governments. The ultimate control lies with the Central" +"government while the immediate control is vested in the state" +"governments. Any disciplinary action (imposition of penalties)" +"against these officers can only be taken by the Central" +"government." +"Sardar Vallabhbhai Patel was the chief protagonist of all-India" +"services in the Constituent Assembly. Hence, he came to be" +"regarded as the ‘Father of all-India Services’." +"" +"Central Services" +"The personnel of Central services work under the exclusive" +"jurisdiction of the Central government. They hold specialised" +"(functional and technical) positions in various departments of the" +"Central government." +"Before Independence, the Central services were classified into" +"class-I, class-II, subordinate and inferior services. After" +"Independence, the nomenclature of subordinate and inferior" +"services was replaced by class-III and class-IV services. Again in" +"1974, the classification of Central services into class-I, class-II," +"class-III and class-IV was changed to group A, group B, group C" +"and group D, respectively2 ." +"At present, there are 62 group A Central services. Some of" +"them are:" +"1. Central Engineering Service." +"2. Central Health Service." +"3. Central Information Service." +"4. Central Legal Service." +"5. Central Secretariat Service." +"6. Indian Audit and Accounts Service." +"7. Indian Defence Accounts Service." +"8. Indian Economic Service." +" 9. Indian Foreign Service." +"10. Indian Meteorological Service." +"11. Indian Postal Service." +"12. Indian Revenue Service (Customs, Excise and Income Tax)" +"13. Indian Statistical Service." +"14. Overseas Communication Service." +"15. Railway Personnel Service." +"Most of the above cadres of group A Central services have also" +"corresponding group B services. The group C Central services" +"consists of clerical personnel while group D consists of manual" +"personnel. Thus group A and group B comprises of gazetted" +"officers while group C and group D are non-gazetted." +"Among all, the Indian Foreign Service (IFS) is the highest" +"central service in terms of prestige, status, pay and emoluments." +"In fact, it (though a central service) competes with the all-India" +"services in position, status and pay scales. It comes next to the" +"IAS in ranking and its pay scale is higher than the IPS." +"" +"State Services" +"The personnel of state services work under the exclusive" +"jurisdiction of the state government. They hold different positions" +"(general, functional and technical) in the departments of the state" +"government. However, they occupy lower positions (in the" +"administrative hierarchy of the state) than those held by the" +"members of the all-India services (IAS, IPS and IFS)." +"The number of services in a state differ from state to state. The" +"services that are common to all the states are:" +"1. Civil Service." +"2. Police Service." +"3. Forest Service." +"4. Agricultural Service." +"5. Medical Service." +"6. Veterinary Service." +"7. Fisheries Service." +"8. Judicial Service." +"9. Public Health Service." +"10. Educational Service." +"11. Co-operative Service." +" 12. Registration Service." +"13. Sales Tax Service." +"14. Jail Service." +"15. Service of Engineers." +"Each of these services is named after the state, that is, name of" +"the state is added as a prefix. For example, in Andhra Pradesh" +"(AP), they are known as AP Civil Service, AP Police Service, AP" +"Forest Service, AP Agricultural Service, AP Medical Service, AP" +"Veterinary Service, AP Fisheries Service, AP Judicial Service, and" +"so on. Among all the state services, the civil service (also known" +"as the administrative service) is the most prestigious." +"Like the Central services, the state services are also classified" +"into four categories: class I (group I or group A), class II (group II" +"or group B), class III (group III or group C) and class IV (group IV" +"or group D)." +"Further, the state services are also classified into gazetted" +"class and non-gazetted class. Usually, Class I (Group-A) and" +"Class-II (Group-B) Services are gazetted classes while Class-III" +"(Group-C) and Class-IV (Group-D) services are non-gazetted" +"classes. The names of the members of gazetted class are" +"published in the Government Gazette for appointment, transfer," +"promotion and retirement, while those of the non-gazetted are not" +"published. Further, the members of the gazetted class enjoy some" +"privileges which are denied to the members of non-gazetted class." +"Also, the members of the gazetted class are called ‘officers’ while" +"those of non-gazetted are called ‘employees’." +"The All-India Services Act of 1951 specifies that senior posts" +"not exceeding thirty-three and one third per cent in the Indian" +"Administrative Service (IAS), Indian Police Service (IPS) and" +"Indian Forest Service (IFS) are required to be filled in by" +"promotion of officers employed in the state services. Such" +"promotions are made on the recommendation of selection" +"committee constituted for this purpose in each state. Such a" +"committee is presided over by the Chairman or a member of" +"UPSC." +" CONSTITUTIONAL PROVISIONS" +"" +"Articles 308 to 314 in part XIV of the Constitution contain" +"provisions with regard to all-India services, Central services and" +"state services." +"" +"1. Recruitment and Service Conditions" +"Article 309 empowers the Parliament and the state legislatures to" +"regulate the recruitment and the conditions of service of the" +"persons appointed to public services and posts under the Centre" +"and the states, respectively. Until such laws are made, the" +"president or the governor can make rules to regulate these" +"matters." +"Recruitment includes any method provided for inducting a" +"person in public service like appointment, selection, deputation," +"promotion and appointment by transfer." +"The conditions of service of a public servant includes pay," +"allowances, periodical increments, leave, promotion, tenure or" +"termination of service, transfer, deputation, various types of rights," +"disciplinary action, holidays, hours of work and retirement benefits" +"like pension, provident fund, gratuity and so on." +"Under this provision, the Parliament or the state legislature can" +"impose ‘reasonable’ restrictions on the Fundamental Rights of" +"public servants in the interests of integrity, honesty, efficiency," +"discipline, impartiality, secrecy, neutrality, anonymity, devotion to" +"duty and so on. Such restrictions are mentioned in the conduct" +"rules like Central Services (Conduct) Rules, Railway Services" +"(Conduct) Rules and so on." +"" +"2. Tenure of Office" +"According to Article 310, members of the defence services, the" +"civil services of the Centre and the all-India services or persons" +"holding military posts or civil posts3 under the Centre, hold office" +"during the pleasure of the president. Similarly, members of the" +"civil services of a state or persons holding civil posts under a" +"state, hold office during the pleasure of the governor of the state." +" However, there is an exception to this general rule of dismissal" +"at pleasure. The president or the governor may (in order to secure" +"the services of a person having special qualifications) provide for" +"the payment of compensation to him in two cases: (i) if the post is" +"abolished before the expiration of the contractual period, or (ii) if" +"he is required to vacate that post for reasons not connected with" +"misconduct on his part. Notably, such a contract can be made only" +"with a new entrant, that is, a person who is not already a member" +"of a defence service, a civil service of the Centre, an all-India" +"service or a civil service of a state." +"" +"3. Safeguards to Civil Servants" +"Article 311 places two restrictions on the above ‘doctrine of" +"pleasure’. In other words, it provides two safeguards to civil" +"servants against any arbitrary dismissal from their posts:" +"(a) A civil servant cannot be dismissed or removed4 by an" +"authority subordinate to that by which he was appointed." +"(b) A civil servant cannot be dismissed or removed or reduced in" +"rank5 except after an inquiry in which he has been informed" +"of the charges against him and given a reasonable" +"opportunity of being heard in respect of those charges." +"The above two safeguards are available only to the members of" +"the civil services of the Centre, the all-India services, the civil" +"services of a state or to persons holding civil posts under the" +"Centre or a state and not to the members of defence services or" +"persons holding military posts." +"However, the second safeguard (holding inquiry) is not" +"available in the following three cases:" +"(a) Where a civil servant is dismissed or removed or reduced in" +"rank on the ground of conduct which has led to his conviction" +"on a criminal charge; or" +"(b) Where the authority empowered to dismiss or remove a civil" +"servant or to reduce him in rank is satisfied that for some" +"reason (to be recorded in writing), it is not reasonably" +"practicable to hold such inquiry; or" +"(c) Where the president or the governor is satisfied that in the" +"interest of the security of the state, it is not expedient to hold" +" such inquiry." +"Originally, the opportunity of being heard was given to a civil" +"servant at two stages–at the inquiry stage, and at the punishment" +"stage. But, the 42nd Amendment Act of 1976 abolished the" +"provision for second opportunity (that is, the right of a civil servant" +"to make representation against the punishment proposed as a" +"result of the findings of the inquiry). Hence, the present position is" +"that where it is proposed (after inquiry) to impose upon a civil" +"servant the punishment of dismissal, removal or reduction in rank," +"it may be imposed on the basis of the evidence adduced at the" +"inquiry without giving him any opportunity of making" +"representation on the penalty proposed." +"The Supreme Court held that the expression ‘reasonable" +"opportunity of being heard’ envisaged to a civil servant (in the" +"second safeguard mentioned above) includes:" +"(a) an opportunity to deny his guilt and establish his innocence" +"which he can only do if he is told what the charges levelled" +"against him are and the allegations on which such charges" +"are based;" +"(b) an opportunity to defend himself by cross-examining the" +"witnesses produced against him and by examining himself or" +"any other witnesses in support of his defence; and" +"(c) the disciplinary authority must supply a copy of the inquiry" +"officer’s report to the delinquent civil servant for observations" +"and comments before the disciplinary authority considers the" +"report." +"" +"4. All-India Services" +"Article 312 makes the following provisions in respect of all-India" +"services:" +"(a) The Parliament can create new allIndia services (including" +"an all-India judicial service), if the Rajya Sabha passes a" +"resolution declaring that it is necessary or expedient in the" +"national interest to do so. Such a resolution in the Rajya" +"Sabha should be supported by two-thirds of the members" +"present and voting. This power of recommendation is given" +"to the Rajya Sabha to protect the interests of states in the" +"Indian federal system." +" (b) Parliament can regulate the recruitment and conditions of" +"service of persons appointed to all-India services." +"Accordingly, the Parliament has enacted the All-India" +"Services Act, 1951 for the purpose." +"(c) The services known at the commencement of the" +"Constitution (that is, January 26, 1950) as the Indian" +"Administrative Service and the Indian Police Service are" +"deemed to be services created by Parliament under this" +"provision." +"(d) The all-India judicial service should not include any post" +"inferior to that of a district judge6. A law providing for the" +"creation of this service is not to be deemed as an" +"amendment of the Constitution for the purposes of Article" +"368" +"Though the 42nd Amendment Act of 1976 made the provision" +"for the creation of allIndia judicial service, no such law has been" +"made so far." +"" +"5. Other Provisions" +"Article 312 A (inserted by the 28th Amendment Act of 1972)" +"confers powers on the Parliament to vary or revoke the conditions" +"of service of persons who were appointed to a civil service of the" +"Crown in India before 1950. Article 313 deals with transitional" +"provisions and says that until otherwise provided, all the laws in" +"force before 1950 and applicable to any public service would" +"continue. Article 314 which made provision for protection of" +"existing officers of certain services was repealed by the 28th" +"Amendment Act of 1972." +"" +"Table 66.1 Articles Related to Public Services at a Glance" +"Article No. Subject-matter" +"308. Interpretation" +"309. Recruitment and conditions of service of persons" +"serving the Union or a state" +"310. Tenure of office of persons serving the Union or a" +"state" +" 311. Dismissal, removal or reduction in rank of persons" +"employed in civil capacities under the Union or a" +"state" +"312. All-India Services" +"312A. Power of Parliament to vary or revoke conditions" +"of service of officers of certain services" +"313. Transitional provisions" +"314. Provision for protection of existing officers of" +"certain services (Repealed)" +"" +"" +"NOTES AND REFERENCES" +"1. In 1963, a provision was made for the creation of three" +"more all-India services. They were Indian Forest" +"Service, Indian Medical and Health Service and Indian" +"Service of Engineers. However, out of these three, only" +"the Indian Forest Service came into existence in 1966." +"2. This was done on the recommendation of the Third Pay" +"Commission (1970–1973) while the earlier change was" +"done on the recommendation of the First Pay" +"Commission (1946–1947)." +"3. A ‘civil post’ means an appointment or office or" +"employment on the civil side of the administration as" +"distinguished from the military side." +"4. The difference between dismissal and removal is that" +"the former disqualifies for future employment under the" +"government while the latter does not disqualify for future" +"employment under the government." +"5. ‘Reduction in rank’ means reduction from a higher to a" +"lower rank or post. It is a penalty imposed on a civil" +"servant." +"6. The expression ‘district judge’ includes judge of a city" +"civil court, additional district judge, joint district judge," +"assistant district judge, chief judge of a small cause" +"court, chief presidency magistrate, additional chief" +" presidency magistrate, sessions judge, additional" +"sessions judge and assistant sessions judge." +" 67 Rights and Liabilities of the" +"Government" +"" +"" +"" +"" +"A" +"rticles 294 to 300 in Part XII of the Constitution deal with" +"the property, contracts, rights, liabilities, obligations and" +"suits of the Union and the states. In this regard, the" +"Constitution makes the Union or the states as juristic (legal)" +"persons." +" PROPERTY OF THE UNION AND THE STATES" +"" +"1. Succession" +"All property and assets that were vested in the Dominion of India" +"or a province or an Indian princely state, before the" +"commencement of the present Constitution, became vested in the" +"Union or the corresponding state." +"Similarly, all rights, liabilities and obligations of the government" +"of the dominion of India or a province or an Indian state would" +"now be the rights, liabilities and obligations of the Government of" +"India or the corresponding state." +"" +"2. Escheat, Lapse and Bona Vacantia" +"Any property in India that would have accrued to King of England" +"or ruler of Indian state (princely) by escheat (death of a person" +"inte-state without any heir), lapse (termination of rights through" +"disuse or failure to follow appropriate procedures) or bona" +"vacantia (property found without any owner) for want of a rightful" +"owner, would now vest in the state if the property is situated there," +"and in the Union, in any other case. In all these three cases, the" +"property accrues to the government as there is no rightful owner" +"(claimant)." +"" +"3. Sea-Wealth" +"All lands, minerals and other things of value under the waters of" +"the ocean within the territorial waters of India, the continental shelf" +"of India and the exclusive economic zone of India vests in the" +"Union. Hence, a state near the ocean cannot claim jurisdiction" +"over these things." +"India’s territorial waters extend to a distance of 12 nautical" +"miles from the appropriate base line. Similarly, India’s exclusive" +"economic zone extends upto 200 nautical miles1 ." +"" +"4. Compulsory Acquisition by Law" +" The Parliament as well as the state legislatures are empowered to" +"make laws for the compulsory acquisition and requisitioning of" +"private property by the governments. Further, the 44th" +"Amendment Act (1978) has also abolished the constitutional" +"obligation to pay compensation in this regard except in two cases:" +"(a) when the government acquires the property of a minority" +"educational institution; and (b) when the government acquires the" +"land held by a person under his personal cultivation and the land" +"is within the statutory ceiling limits2 ." +"" +"5. Acquisition under Executive Power" +"The Union or a state can acquire, hold and dispose property" +"under the exercise of its executive power." +"Further, the executive power of the Union or a state extends to" +"the carrying on any trade or business within and in other states" +"also." +" SUITS BY OR AGAINST THE GOVERNMENT" +"" +"Article 300 of the Constitution deals with the suits by or against" +"the Government in India. It lays down that the Government of" +"India may sue or be sued by the name of the Union of India and" +"government of a state may sue or be sued by the name of that" +"state, eg, State of Andhra Pradesh or State of Uttar Pradesh and" +"so on. Thus, the Union of India and states are legal entities" +"(juristic personalities) for purposes of suits and proceedings, not" +"the Government of the Union or government of states." +"Regarding the extent of the governmental liability, the" +"Constitution (Article 300) declares that the Union of India or states" +"can sue or be sued in relation to their respective affairs in the like" +"cases as the dominion of India and the corresponding provinces" +"or Indian states might have sued or been sued before the" +"Constitution. This provision is subject to any law made by" +"Parliament or a state legislature. But, no such law has been" +"enacted so far. Hence, at present, the position in this respect" +"remains the same as it existed before the Constitution. In the pre-" +"Constitution period (i.e., from the days of the East India Company" +"up to the commencement of the Constitution in 1950), the" +"government was suable for contracts but not for torts (wrongs" +"committed by its servants) in respect of its sovereign functions." +"This is explained in detail as follows:" +"" +"1. Liability for Contracts" +"Under the exercise of its executive power, the Union or a state" +"can enter into contracts for the acquisition, holding and disposal of" +"property, or to carry on any trade or business, or for any other" +"purpose. But, the Constitution lays down three conditions which" +"must be fulfilled by such contracts:" +"(a) They must be expressed to be made by the president or" +"governor, as the case may be;" +"(b) They must be executed on behalf of the president or" +"governor, as the case may be; and" +"(c) They must be executed by such person or in such manner as" +"the president or governor may direct or authorise." +" These conditions are mandatory and not merely directory in" +"nature. Failure to comply with them nullifies the contracts and" +"renders them void and unenforceable in the courts." +"Further, the president or the governor is not personally liable in" +"respect of any contract executed in his name. Similarly, the officer" +"executing the contract is also not personally liable. This immunity" +"is purely personal and does not immunize the government from a" +"contractual liability, making the government suable in contracts." +"This means that the contractual liability of the Union government" +"and the state governments is the same as that of an individual" +"under the ordinary law of contract, which has been the position in" +"India since the days of the East India Company." +"" +"2. Liability for Torts" +"In the beginning, the East India Company was only a trading body." +"Gradually, it acquired territories in India and became a sovereign" +"authority. The Company was suable for its functions as a trader" +"but not as a sovereign. This immunity of the Company in respect" +"of its sovereign functions was based on the English Common Law" +"maxim that the ‘King can do no wrong’, which means that the King" +"was not liable for wrongs of his servants. This traditional immunity" +"of the State (i.e., Crown) in Britain from any legal liability for any" +"action has been done away by the Crown Proceedings Act (1947)." +"However, the position in India still remains the same." +"Therefore, the government (Union or states) in India can be" +"sued for torts (civil wrongs) committed by its officials only in the" +"exercise of its non-sovereign functions but not in the sovereign" +"functions like administering justice, constructing a military road," +"commandeering goods during war, etc. This distinction between" +"the sovereign and nonsovereign functions of the Government in" +"India and the immunity of the government in respect of its" +"sovereign functions was established in the famous P and O" +"Steam Navigation Company case3 (1861). This was reaffirmed by" +"the Supreme Court in the post-independence era in the Kasturilal" +"case4 (1965). However, after this case, the Supreme Court started" +"giving a restrictive interpretation to sovereign functions of the" +" government and awarded compensation to victims in a large" +"number of cases." +"In Nagendra Rao Case4a (1994), the Supreme Court criticised" +"the doctrine of sovereign immunity of the State and adopted a" +"liberal approach with respect to the tortuous liability of the State. It" +"ruled that when a citizen suffers any damage due to the negligent" +"act of the servants of the State, the State would be liable to pay" +"compensation for it and the State cannot avoid this liability on the" +"ground of sovereign immunity. It held that in the modern sense," +"the distinction between sovereign and non-sovereign functions" +"does not exist. It laid down the proposition that barring a few" +"functions, the State cannot claim any immunity. Its observations," +"in this case, are as follows:" +"1. No civilised system can permit an executive to play with the" +"people of its country and claim that it is entitled to act in any" +"manner as it is sovereign. The concept of public interest has" +"changed with structural change in the society. No legal or" +"political system today can place the State above law as it is" +"unjust and unfair for a citizen to be deprived of his property" +"illegally by negligent act of officers of the State without any" +"remedy." +"2. The modern social thinking of progressive societies and the" +"judicial approach is to do away with archaic State protection" +"and place the State or the Government at par with any other" +"juristic legal entity. Any water-tight compartmen-talisation of" +"the functions of the State as “sovereign” and “non-sovereign”" +"or “governmental” and “non-governmental” is not sound. It is" +"contrary to modern jurisprudential thinking." +"3. The need of the State, duty of its officials and right of the" +"citizens are required to be reconciled so that the rule of law" +"in a welfare State is not shaken. In a welfare State, the" +"functions of the State are not only the defence of the country" +"or administration of justice or maintaining law and order but" +"it extends to regulating and controlling the activities of the" +"people in almost every sphere–educational, commercial," +"social, economic, political and even marital." +"4. The demarcating line between sovereign and non-sovereign" +"powers for which no rational basis survives has largely" +" disappeared. Therefore, barring functions such as" +"administration of justice, maintenance of law and order and" +"repression of crime etc., which are among the primary and" +"inalienable functions of a constitutional Government, the" +"State cannot claim any immunity." +"In the above case, the Supreme Court did not overrule its" +"judgement in the Kasturilal case (1965). However, it said that it is" +"applicable to rare and limited cases." +"In Common Cause Case4b (1999), the Supreme Court again" +"examined the whole doctrine and rejected the sovereign immunity" +"rule. The Court held that the rule of State liability as laid down in" +"P. & O. Steam Navigation Company case is very outmoded. It said" +"that in modern times when the State activities have been" +"considerably increased it is very difficult to draw a line between its" +"sovereign and non-sovereign functions. The increased activities of" +"the State have made a deep impression on all facets of citizens’" +"life, and therefore, the liability of the State must be made co-" +"extensive with the modern concept of a welfare State. The State" +"must be liable for all tortuous acts of its employees, whether done" +"in exercise of sovereign or non-sovereign powers4c. Finally, the" +"court observed that the efficacy of Kasturilal case as a binding" +"precedent has been eroded." +"In the Prisoner’s Murder case4d (2000), the Supreme Court" +"ruled that in the process of judicial advancement Kasturilal case" +"has paled into insignificance and is no longer of any binding value." +" SUITS AGAINST PUBLIC OFFICIALS" +"" +"1. President and Governor" +"The Constitution confers certain immunities to the president of" +"India and governor of states with regard to their official acts and" +"personal acts. These are:" +"" +"(a) Official Acts" +"The president and the governors cannot be sued during the term" +"of their office or thereafter, for any act done by them in the" +"exercise and performance of their official powers and duties." +"However, the official conduct of the president can be reviewed by" +"a court, tribunal or any other body authorised by either House of" +"Parliament to investigate charges for impeachment. Further, the" +"aggrieved person can bring appropriate proceedings against the" +"Union of India instead of the president and the state instead of the" +"Governor of that state." +"" +"(b) Personal Acts" +"No criminal proceedings can be started against the president and" +"the governors in respect of their personal acts nor can they be" +"arrested or imprisoned. This immunity is limited to the period of" +"the term of their office only and does not extend beyond that." +"However, civil proceedings can be started against them during" +"their term of office in respect of their personal acts after giving two" +"months’ advance notice." +"" +"2. Ministers" +"The Constitution does not grant any immunity to the ministers for" +"their official acts. But, since they are not required to countersign" +"(as in Britain) the official acts of the president and the governors," +"they are not liable in the courts for those acts5. Moreover, they are" +"not liable for the official acts done by the president and the" +"governors on their advice as the courts are debarred from" +"inquiring into such advice. However, the ministers do not enjoy" +" any immunity for their personal acts, and can be sued for crimes" +"as well as torts in the ordinary courts like common citizens." +"" +"3. Judicial Officers" +"The judicial officers enjoy immunity from any liability in respect of" +"their official acts and hence, cannot be sued. The Judicial Officers" +"Protection Act (1850) lays down that, ‘no judge, magistrate, justice" +"of peace, collector or other person acting judicially shall be liable" +"to be sued in any civil court for any act done by him in the" +"discharge of his official duty’." +"" +"4. Civil Servants" +"Under the Constitution, the civil servants are conferred personal" +"immunity from legal liability for official contracts. This means that" +"the civil servant who made a contract in his official capacity is not" +"personally liable in respect of that contract but it is the government" +"(Central or state) that is liable for the contract. But, if the contract" +"is made without complying the conditions specified in the" +"Constitution, then the civil servant who made the contract is" +"personally liable. Further, the civil servants also enjoy immunity" +"from legal liability for their tortious acts in respect of the sovereign" +"functions of the government. In other cases, the liability of the civil" +"servants for torts or illegal acts is the same as of any ordinary" +"citizen. Civil proceedings can be instituted against them for" +"anything done in their official capacity after giving a two months’" +"advance notice. But, no such notice is required when the action is" +"to be brought against them for the acts done outside the scope of" +"their official duties. Criminal proceedings can be instituted against" +"them for acts done in their official capacity, with the prior" +"permission of the president or the governor, where necessary6 ." +"" +"Table 67.1 Articles Related to Rights and Liabilities of the" +"Government at a Glance" +"Article No. Subject-matter" +"294. Succession to property, assets, rights, liabilities" +"and obligations in certain cases" +" 295. Succession to property, assets, rights, liabilities" +"and obligations in other cases" +"296. Property accruing by escheat or lapse or as bona" +"vacantia" +"297. Things of value within territorial waters or" +"continental shelf and resources of the exclusive" +"economic zone to vest in the Union" +"298. Power to carry on trade, etc." +"299. Contracts" +"300. Suits and proceedings" +"361. Protection (immunities) of President and" +"Governors" +"" +"" +"NOTES AND REFERENCES" +"1. Under the Territorial Waters, Continental Shelf," +"Exclusive Economic Zone and other Maritime Zones" +"Act, 1976, passed by the Parliament after the 40th" +"Constitutional Amendment Act, 1976." +"2. The first provision was added by the 44th Amendment" +"Act (1978). This amendment abolished the" +"Fundamental Right to property and made it a legal right." +"The second provision was added by the 17th" +"Amendment Act (1964)." +"3. Peninsular and Oriental Steam Navigation Company v." +"Secretary of State for India, (1861)." +"4. Kasturilal v. State of UP, (1965)." +"4a. N. Nagendra Rao & Co. v. State of Andhra Pradesh" +"(1994)." +"4b. Common Cause, Registered Society v. Union of India" +"(1999)." +"4c. J.N. Pandey, The Constitutional Law of India, 49th" +"Edition, Central Law Agency, p. 682." +"4d. State of A.P. v. Challa Ramkrishna Reddy (2000)." +" 5. In Britain, the ministers are required to countersign the" +"official acts of the crown and are held liable in the courts" +"for those acts." +"6. Criminal Procedure Code says–where a public servant" +"who is not removable from his office save by or with the" +"sanction of the Central or state government is accused" +"of an offence, committed by him while acting or" +"purporting to act in the discharge of his official duty, no" +"court can take cognizance of such offence without the" +"previous sanction of the Central government or the state" +"government, as the case may be." +" 68 Special Provisions Relating to" +"Certain Classes" +"" +"" +"RATIONALE OF SPECIAL PROVISIONS" +"In order to realise the objectives of equality and justice as laid" +"down in the Preamble, the Constitution makes special provisions" +"for the scheduled castes (SCs), the scheduled tribes (STs), the" +"backward classes (BCs) and the Anglo-Indians. These special" +"provisions are contained in Part XVI of the Constitution from" +"Articles 330 to 342A. They are related to the following:" +"1. Reservation in Legislatures" +"2. Special Representation in Legislatures" +"3. Reservation in Services and Posts" +"4. Educational Grants" +"5. Appointment of National Commissions" +"6. Appointment of Commissions of Investigation" +"These special provisions can be classified into the following" +"broad categories:" +"(a) Permanent and Temporary – Some of them are a permanent" +"feature of the Constitution, while some others continue to" +"operate only for a specified period." +"(b) Protective and Developmental – Some of them aim at" +"protecting these classes from all forms of injustice and" +"exploitation, while some others aim at promoting their socio-" +"economic interests." +" SPECIFICATION OF CLASSES" +"" +"The Constitution does not specify the castes or tribes which are to" +"be called the SCs or the STs. It leaves to the President the power" +"to specify as to what castes or tribes in each state and union" +"territory are to be treated as the SCs and STs. Thus, the lists of" +"the SCs or STs vary from state to state and union territory to union" +"territory. In case of the states, the President issues the notification" +"after consulting the governor of the state concerned. But, any" +"inclusion or exclusion of any caste or tribe from Presidential" +"notification can be done only by the Parliament and not by a" +"subsequent Presidential notification. Presidents have issued" +"several orders specifying the SCs and STs in different states and" +"union territories and these have also been amended by the" +"Parliament.1" +"Similarly, the constitution has not specified the classes of" +"citizens who are to be called the socially and educationally" +"backward classes, also known as Other Backward Classes" +"(OBCs). The 102nd Amendment Act of 2018 empowered the" +"President to specify the socially and educationally backward" +"classes in relation to a state or union territory. In case of a state," +"the President issues the notification after consultation with the" +"governor of the state concerned. But, any inclusion in or exclusion" +"from the Central List of socially and educationally backward" +"classes specified in a Presidential notification can be done only by" +"the Parliament and not by a subsequent Presidential notification2 ." +"Unlike in the case of SCs, STs and OBCs, the Constitution has" +"defined the persons who belong to the Anglo-Indian community." +"Accordingly, ‘an Anglo-Indian means a person whose father or" +"any of whose other male progenitors in the male line is or was of" +"European descent but who is domiciled within the territory of India" +"and is or was born within such territory of parents habitually" +"resident therein and not established there for temporary purposes" +"only’." +" COMPONENTS OF SPECIAL PROVISIONS" +"1. Reservation for SCs and STs and Special" +"Representation for Anglo-Indians in Legislatures: Seats" +"are to be reserved for the SCs and STs in the Lok Sabha" +"and the state legislative assemblies on the basis of" +"population ratios." +"The President can nominate two members of the Anglo-" +"Indian community to the Lok Sabha, if the community is not" +"adequately represented. Similarly, the governor of a state" +"can nominate one member of the Anglo-Indian community to" +"the state legislative assembly, if the community is not" +"adequately represented." +"Originally, these two provisions of reservation and special" +"representation were to operate for ten years (i.e., up to" +"1960) only. But this duration has been extended" +"continuously since then by ten years each time. Now, under" +"the 95th Amendment Act of 2009, these two provisions of" +"reservation and special representation are to last until 2020.3" +"The reasons for the extension of the above two provisions" +"of reservation and special representation by the 95th" +"Amendment Act of 2009 are as follows3a:" +"(i) Article 334 of the Constitution lays down that the" +"provisions of the Constitution relating to the reservation" +"of seats for the Scheduled Castes and the Scheduled" +"Tribes and the representation of the Anglo-Indian" +"community by nomination in the House of the People" +"and the Legislative Assemblies of the States shall cease" +"to have effect on the expiration of the period of sixty" +"years from the commencement of the Constitution. In" +"other words, these provisions will cease to have effect on" +"the 25th January, 2010, if not extended further." +"(ii) Although the Scheduled Castes and the Scheduled" +"Tribes have made considerable progress in the last sixty" +"years, the reasons which weighed with the Constituent" +"Assembly in making provisions with regard to the" +"aforesaid reservation of seats and nomination of" +" members have not ceased to exist. It is, therefore," +"proposed to continue the reservation for the Scheduled" +"Castes and the Scheduled Tribes and the representation" +"of the Anglo-Indian community by nomination for a" +"further period of ten years." +"The reason for this special representation to the Anglo-" +"Indians is as follows: “Anglo-Indians constitute a religious," +"social, as well as a linguistic minority. These provisions were" +"necessary, for, otherwise, being numerically an extremely" +"small community, and being interspersed all over India, the" +"Anglo-Indians could not hope to get any seat in any" +"legislature through election”.4" +"2. Claims of SCs and STs to Services and Posts: The" +"claims of the SCs and STs are to be taken into consideration" +"while making appointments to the public services of the" +"Centre and the states, without sacrificing the efficiency of" +"administration. However, the 82nd Amendment Act of 2000" +"provides for making of any provision in favour of the SCs" +"and STs for relaxation in qualifying marks in any examination" +"or lowering the standards of evaluation, for reservation in" +"matters of promotion to the public services of the Centre and" +"the states." +"3. Special Provision in Services and Educational Grants" +"for Anglo-Indians: Before independence, certain posts" +"were reserved for the Anglo-Indians in the railway, customs," +"postal and telegraph services of the Union. Similarly, the" +"Anglo-Indian educational institutions were given certain" +"special grants by the Centre and the states. Both the" +"benefits were allowed to continue under the Constitution on" +"a progressive diminution basis and finally came to an end in" +"1960" +"4. National Commissions for SCs and STs: The President" +"should set up a National Commission for the SCs to" +"investigate all matters relating to the constitutional" +"safeguards for the SCs and to report to him (Article 338)." +"Similarly, the President should also set up a National" +"Commission for the STs to investigate all matters relating to" +"the Constitutional safeguards for the STs and to report to" +" him (Article 338-A). The President should place all such" +"reports before the Parliament, along with the action taken" +"memorandum. Previously, the Constitution provided for a" +"combined National Commission for SCs and STs. The 89th" +"Amendment Act of 2003 bifurcated the combined" +"commission into two separate bodies.5" +"The National Commission for SCs is also required to" +"discharge similar functions with regard to the Anglo-Indian" +"Community as it does with respect to the SCs. In other" +"words, the commission has to investigate all matters relating" +"to the Constitutional and other legal safeguards for the" +"Anglo-Indian community and report to the President upon" +"their working.6" +"5. National Commission for BCs: The National Commission" +"for BCs was set-up in 1993 by an Act of Parliament. Later," +"the 102nd Amendment Act of 2018 conferred a constitutional" +"status on the commission. For this purpose, the amendment" +"inserted a new Article 338-B in the constitution. Accordingly," +"the President should set-up a National Commission for the" +"socially and educationally BCs to investigate all matters" +"relating to the constitutional safeguards for the socially and" +"educationally BCs and to report to him. The President" +"should place all such reports before the Parliament, along" +"with the action taken memorandum." +"6. Control of the Union over the Administration of" +"Scheduled Areas and the Welfare of STs: The President" +"is required to appoint a commission to report on the" +"administration of the scheduled areas and the welfare of the" +"STs in the states. He can appoint such a commission at any" +"time but compulsorily after ten years of the commencement" +"of the Constitution. Hence, a commission was appointed in" +"the year 1960. It was headed by U.N. Dhebar and submitted" +"its report in 1961. After four decades, the second" +"commission was appointed in 2002 under the chairmanship" +"of Dilip Singh Bhuria. It submitted its report in 2004." +"Further, the executive power of the Centre extends to the" +"giving of directions to a state with respect to the drawing up" +" and execution of schemes for the welfare of the STs in the" +"state." +"7. Appointment of a Commission to Investigate the" +"Conditions of BCs: The President may appoint a" +"commission to investigate the conditions of socially and" +"educationally backward classes and to recommend the" +"steps to improve their condition. The report of the" +"commission is to be placed before the Parliament, along with" +"action taken memorandum. Under the above provision, the" +"President has appointed two commissions so far. The first" +"backward classes commission was appointed in 1953 under" +"the chairmanship of Kaka Kalelkar. It submitted its report in" +"1955. But, no action was taken on it as the" +"recommendations were considered to be too vague and" +"impractical and also there was a sharp division among the" +"members on the criterion of backwardness." +"The second Backward Classes Commission was" +"appointed in 1979 with B.P. Mandal as chairman. It" +"submitted its report in 1980. Its recommendations were also" +"lying unattended till 1990 when the V.P. Singh Government" +"declared reservation of 27 percent government jobs for the" +"OBCs.7" +"" +"Table 68.1 Articles Related to Special Provisions for Certain" +"Classes at a Glance" +"Article No. Subject-matter" +"330 Reservation of seats for scheduled castes and" +"scheduled tribes in the House of the people" +"331 Representation of the Anglo-Indian community in" +"the House of the people" +"332 Reservation of seats for scheduled castes and" +"scheduled tribes in the legislative assemblies of" +"the states" +"333 Representation of the Anglo-Indian community in" +"the legislative assemblies of the states" +"334 Reservation of seats and special representation to" +" cease after seventy years" +"335 Claims of scheduled castes and scheduled tribes" +"to services and posts" +"336 Special provision for Anglo-Indian community in" +"certain services" +"337 Special provision with respect to educational" +"grants for the benefit of Anglo-Indian community." +"338 National Commission for scheduled castes" +"338A National Commission for scheduled tribes" +"338B National Commission for backward classes" +"339 Control of the Union over the administration of" +"scheduled areas and the welfare of scheduled" +"tribes" +"340 Appointment of a commission to investigate the" +"conditions of backward classes" +"341 Scheduled castes" +"342 Scheduled tribes" +"342A Socially and educationally backward classes" +"" +"" +"NOTES AND REFERENCES" +"1. These are the Constitution (Scheduled Castes) Order," +"1950; the Constitution (Scheduled Castes) (Union" +"Territories) Order, 1951; the Constitution (Scheduled" +"Tribes) Order, 1950; the Constitution (Scheduled Tribes)" +"(Union Territories) Order, 1951 and so on. The" +"Parliament modified the Presidential orders by enacting" +"the Scheduled Castes and Scheduled Tribes Orders" +"(Amendment) Act in 1956, in 1976 and in the" +"subsequent years." +"2. The 102nd Amendment Act of 2018 inserted a new" +"Article 342A in the constitution." +"3. The 8th Amendment Act of 1959 extended the period of" +"ten years to twenty years, the 23rd Amendment Act of" +" 1969 to thirty years, the 45th Amendment Act of 1980 to" +"forty years, the 62nd Amendment Act of 1989 to fifty" +"years, the 79th Amendment Act of 1999 to sixty years" +"and the 95th Amendment Act of 2009 to seventy years," +"that is, until the year 2020." +"3a. This information is downloaded from the website of the" +"Ministry of Law and Justice (Legislative Department)." +"4. M.P. Jain, Indian Constitutional Law, Wadhwa, Fourth" +"Edition, p. 756." +"5. For complete details in this regard, see Chapters 47" +"and 48." +"6. Clause 10 of Article 338 reads as follows: “In this article," +"reference to the Scheduled Castes shall be construed" +"as including references to the Anglo-Indian community”." +"7. For complete details in this regard, see ‘Mandal" +"Commission and Aftermath’ in Chapter 7." +" PART-X" +"POLITICAL DYNAMICS" +"" +"69. Political Parties" +"70. Role of Regional Parties" +"71. Elections" +"72. Election Laws" +"73. Electoral Reforms" +"74. Voting Behaviour" +"75. Coalition Government" +"76. Anti-Defection Law" +"77. Pressure Groups" +"78. National Integration" +"79. Foreign Policy" +" 69 Political Parties" +"" +"" +"MEANING AND TYPES" +"Political parties are voluntary associations or organised groups of" +"individuals who share the same political views and who try to gain" +"political power through constitutional means and who desire to" +"work for promoting the national interest. There are four types of" +"political parties in the modern democratic states, viz., (i)" +"reactionary parties which cling to the old socio-economic and" +"political institutions; (ii) conservative parties which believe in the" +"status-quo; (iii) liberal parties which aim at reforming the existing" +"institutions; and (iv) radical parties which aim at establishing a" +"new order by overthrowing the existing institutions. In their" +"classification of political parties on the basis of ideologies, the" +"political scientists have placed the radical parties on the left and" +"the liberal parties in the centre and reactionary and conservative" +"parties on the right. In other words, they are described as the" +"leftist parties, centrist parties and the rightist parties. In India, the" +"CPI and CPM are the examples of leftist parties, the Congress of" +"centrist parties and the BJP is an example of rightist parties." +"There are three kinds of party systems in the world, viz., (i) one" +"party system in which only one ruling party exists and no" +"opposition is permitted, as for example, in the former communist" +"countries like the USSR and other East European countries; (ii)" +"two-party system in which two major parties exists, as for" +"example, in USA and Britain1 ; and (iii) multi-party system in which" +"there are a number of political parties leading to the formation of" +"coalition governments, as for example, in France, Switzerland and" +"Italy." +" PARTY SYSTEM IN INDIA" +"" +"The Indian party system has the following characteristic features:" +"" +"Multi-Party System" +"The continental size of the country, the diversified character of" +"Indian society, the adoption of universal adult franchise, the" +"peculiar type of political process, and other factors have given rise" +"to a large number of political parties. In fact, India has the largest" +"number of political parties in the world. On the eve of seventeenth" +"Lok Sabha general elections (2019), there were 7 national parties," +"52 state parties and 2354 registered - unrecognised parties in the" +"country2. Further, India has all categories of parties–left parties," +"centrist parties, right parties, communal parties, non-communal" +"parties and so on. Consequently, the hung Parliaments, hung" +"assemblies and coalition governments have become a common" +"phenomena." +"" +"One-Dominant Party System" +"In spite of the multiparty system, the political scene in India was" +"dominated for a long period by the Congress. Hence, Rajni" +"Kothari, an eminent political analyst, preferred to call the Indian" +"party system as ‘one party dominance system’ or the ‘Congress" +"system’3. The dominant position enjoyed by the Congress has" +"been declining since 1967 with the rise of regional parties and" +"other national parties like Janata (1977), Janata Dal (1989) and" +"the BJP (1991) leading to the development of a competitive multi-" +"party system." +"" +"Lack of Clear Ideology" +"Except the BJP and the two communist parties (CPI and CPM), all" +"other parties do not have a clear-cut ideology. They (i.e., all other" +"parties) are ideologically closer to each other. They have a close" +"resemblance in their policies and programmes. Almost every party" +"advocates democracy, secularism, socialism and Gandhism. More" +" than this, every party, including the so-called ideological parties, is" +"guided by only one consideration–power capture. Thus, politics" +"has become issuebased rather than the ideology and pragmatism" +"has replaced the commitment to the principles." +"" +"Personality Cult" +"Quite often, the parties are organised around an eminent leader" +"who becomes more important than the party and its ideology." +"Parties are known by their leaders rather than by their manifesto." +"It is a fact that the popularity of the Congress was mainly due to" +"the leadership of Nehru, Indira Gandhi and Rajiv Gandhi." +"Similarly, the AIADMK in Tamil Nadu and TDP in Andhra Pradesh" +"got identified with MG Ramachandran and NT Rama Rao" +"respectively. Interestingly, several parties bear the name of their" +"leader like Biju Janata Dal, Lok Dal (A), Congress (I) and so on." +"Hence, it is said that “there are political personalities rather than" +"political parties in India”." +"" +"Based on Traditional Factors" +"In the western countries, the political parties are formed on the" +"basis of socio-economic and political programme. On the other" +"hand, a large number of parties in India are formed on the basis of" +"religion, caste, language, culture, race and so on. For example," +"Shiv Sena, Muslim League, Hindu Maha Sabha, Akali Dal, Muslim" +"Majlis, Bahujan Samaj Party, Republican Party of India, Gorkha" +"League and so on. These parties work for the promotion of" +"communal and sectional interests and thereby undermine the" +"general public interest." +"" +"Emergence of Regional Parties" +"Another significant feature of the Indian party system is the" +"emergence of a large number of regional parties and their growing" +"role. They have become the ruling parties in various states like" +"BJD in Orissa, DMK or AIADMK in Tamil Nadu, Akali Dal in" +"Punjab, AGP in Assam, National Conference in J&K, JD(U) in" +"Bihar and so on. In the beginning, they were confined to the" +" regional politics only. But, of late, they have come to play a" +"significant role in the national politics due to coalition governments" +"at the Centre. In the 1984 elections, the TDP emerged as the" +"largest opposition party in the Lok Sabha." +"" +"Factions and Defections" +"Factionalism, defections, splits, mergers, fragmentation," +"polarisation and so on have been an important aspect of the" +"functioning of political parties in India. Lust for power and material" +"considerations have made the politicians to leave their party and" +"join another party or start a new party. The practice of defections" +"gained greater currency after the fourth general elections (1967)." +"This phenomenon caused political instability both at the Centre" +"and in the states and led to disintegration of the parties. Thus," +"there are two Janata Dals, two TDPs, two DMKs, two Communist" +"Parties, two Congress, three Akali Dals, three Muslim Leagues" +"and so on." +"" +"Lack of Effective Opposition" +"An effective Opposition is very essential for the successful" +"operation of the parliamentary democracy prevalent in India. It" +"checks the autocratic tendencies of the ruling party and provides" +"an alternative government. However, in the last 50 years, an" +"effective, strong, organised and viable national Opposition could" +"never emerge except in flashes. The Opposition parties have no" +"unity and very often adopt mutually conflicting positions with" +"respect to the ruling party. They have failed to play a constructive" +"role in the functioning of the body politic and in the process of" +"nation building." +" RECOGNITION OF NATIONAL AND STATE PARTIES" +"" +"The Election Commission registers political parties for the purpose" +"of elections and grants them recognition as national or state" +"parties on the basis of their poll performance. The other parties" +"are simply declared as registered-unrecognised parties." +"The recognition granted by the Commission to the parties" +"determines their right to certain privileges like allocation of the" +"party symbols, provision of time for political broadcasts on the" +"state-owned television and radio stations and access to electoral" +"rolls." +"Further, the recognized parties need only one proposer for filing" +"the nomination. Also, these parties are allowed to have forty “star" +"campaigners” during the time of elections and the registered-" +"unrecognized parties are allowed to have twenty “star" +"campaigners”. The travel expenses of these star campaigners are" +"not included in the election expenditure of the candidates of their" +"parties." +"Every national party is allotted a symbol exclusively reserved" +"for its use throughout the country. Similarly, every state party is" +"allotted a symbol exclusively reserved for its use in the state or" +"states in which it is so recognised. A registered-unrecognised" +"party, on the other hand, can select a symbol from a list of free" +"symbols. In other words, the Commission specifies certain" +"symbols as ‘reserved symbols’ which are meant for the" +"candidates set up by the recognised parties and others as ‘free" +"symbols’ which are meant for other candidates." +"" +"Conditions for Recognition as a National Party" +"At present (2019), a party is recognised as a national party if any" +"of the following conditions is fulfilled4 :" +"1. If it secures six per cent of valid votes polled in any four or" +"more states at a general election to the Lok Sabha or to the" +"legislative assembly; and, in addition, it wins four seats in" +"the Lok Sabha from any state or states; or" +" 2. If it wins two per cent of seats in the Lok Sabha at a general" +"election; and these candidates are elected from three states;" +"or" +"3. If it is recognised as a state party in four states." +"" +"Conditions for Recognition as a State Party" +"At present (2019), a party is recognised as a state party in a state" +"if any of the following conditions is fulfilled5 :" +"1. If it secures six per cent of the valid votes polled in the state" +"at a general election to the legislative assembly of the state" +"concerned; and, in addition, it wins 2 seats in the assembly" +"of the state concerned; or" +"2. If it secures six per cent of the valid votes polled in the state" +"at a general election to the Lok Sabha from the state" +"concerned; and, in addition, it wins 1 seat in the Lok Sabha" +"from the state concerned; or" +"3. If it wins three per cent of seats in the legislative assembly at" +"a general election to the legislative assembly of the state" +"concerned or 3 seats in the assembly, whichever is more; or" +"4. If it wins 1 seat in the Lok Sabha for every 25 seats or any" +"fraction thereof allotted to the state at a general election to" +"the Lok Sabha from the state concerned; or" +"5. If it secures eight per cent of the total valid votes polled in" +"the state at a General Election to the Lok Sabha from the" +"state or to the legislative assembly of the state. This" +"condition was added in 2011." +"The number of recognised parties keeps on changing on the" +"basis of their performance in the general elections. On the eve of" +"the seventeenth Lok Sabha general elections (2019), there were 7" +"national parties, 52 state parties and 2354 registered-" +"unrecognised parties in the country6. The national parties and" +"state parties are also known as all-India parties and regional" +"parties respectively." +"" +"Table 69.1 Recognised National Parties and State Parties (First" +"to Seventeenth General Elections)" +"General Elections Number of Number of State" +" (Year) National Parties Parties" +"First (1952) 14 39" +"Second (1957) 4 11" +"Third (1962) 6 11" +"Fourth (1967) 7 14" +"Fifth (1971) 8 17" +"Sixth (1977) 5 15" +"Seventh (1980) 6 19" +"Eighth (1984) 7 19" +"Ninth (1989) 8 20" +"Tenth (1991) 9 28" +"Eleventh (1996) 8 30" +"Twelfth (1998) 7 30" +"Thirteenth (1999) 7 40" +"Fourteenth (2004) 6 36" +"Fifteenth (2009) 7 40" +"Sixteenth (2014) 6 47" +"Seventeenth (2019) 7 52" +"" +"Table 69.2 Recognised National Parties and their Symbols (2019)" +"Sl. Name of the Party Symbol Reserved" +"No. (Abbreviation)" +"1. Bahujan Samaj Party (BSP) Elephant*" +"2. Bharatiya Janata Party (BJP) Lotus" +"3. Communist Party of India (CPI) Ears of Corn and Sickle" +"4. Communist Party of India Hammer, Sickle and Star" +"(Marxist) (CPM)" +"5. Indian National Congress (INC) Hand" +"6. Nationalist Congress Party Clock" +"(NCP)" +" 7. All India Trinamool Congress Flowers and Grass" +"(AITC)" +"8. National People’s Party (NPP) Book" +"*In all States/U.T.s except in Assam, where its candidates will" +"have to choose a symbol out of the list of free symbols specified" +"by the Election Commission." +"" +"Table 69.3 Recognised State Parties and their Symbols (2019)" +"Sl. Name of Name of the State Party Symbol" +"No. the State / (Abbreviation) Reserved" +"Union" +"Territory" +"1. Andhra 1. Telangana Rashtra Car" +"Pradesh Samithi (TRS7 )" +"2. Telugu Desam (TDP) Bicycle" +"3. Yuvajana Sramika Ceiling Fan" +"Rythu Congress" +"Party (YSRCP)" +"2. Arunachal 1. People’s Party of Maize" +"Pradesh Arunachal (PPA)" +"2. Janata Dal (United) Arrow" +"(JD(U))" +"3. Janata Dal (Secular) A Lady farmer" +"(JD(S)) carrying Paddy on" +"her head" +"3. Assam 1. All India United Lock & Key" +"Democratic Front" +"(AUDF)" +"2. Asom Gana Elephant" +"Parishad (AGP)" +"3. Bodoland People’s Nangol" +"Front (BPF)" +"4. Bihar 1. Janata Dal (United) Arrow" +" (JD(U))" +"2. Lok Jan Shakti Party Bungalow" +"(LJSP)" +"3. Rashtriya Janata Dal Hurricane Lamp" +"(RJD)" +"4. Rashtriya Lok Samta Ceiling Fan" +"Party (RLSP)" +"5. Chhattisgarh Janata Congress Farmer Ploughing" +"Chhattisgarh (JCC) (within square)" +"6. Goa 1. Maharashtrawadi Lion" +"Gomantak (MAG)" +"2. Goa Forward Party Coconut" +"(GFP)" +"7. Haryana Indian National Lok Dal Spectacles" +"(INLD)" +"8. Jammu & 1. Jammu & Kashmir Plough" +"Kashmir National Conference" +"(JKNC)" +"2. Jammu & Kashmir Bicycle" +"National Panthers" +"Party (JKNPP)" +"3. Jammu and Kashmir Ink Pot & Pen" +"People’s Democratic" +"Party (JKPDP)" +"9. Jharkhand 1. All Jharkhand Banana" +"Students Union" +"(AJSU)" +"2. Jharkhand Mukti Bow & Arrow" +"Morcha (JMM)" +"3. Jharkhand Vikas Comb" +"Morcha" +"(Prajatantrik)" +"(JVM(P))" +"4. Rashtriya Janata Dal Hurricane Lamp" +" (RJD)" +"10. Karnataka Janata Dal (Secular) A Lady Farmer" +"(JD(S)) carrying Paddy on" +"her head" +"11. Kerala 1. Janata Dal (Secular) A Lady Farmer" +"(JD(S)) carrying Paddy on" +"her head" +"2. Kerala Congress (M) Two Leaves" +"(KEC(M))" +"3. Indian Union Muslim Ladder" +"League (IUML)" +"4. Revolutionary Spade & Stoker" +"Socialist Party" +"(RSP)" +"12. Maharashtra 1. Maharashtra Railway Engine" +"Navnirman Sena" +"(MNS)" +"2. Shiv Sena (SHS) Bow and Arrow" +"13. Manipur 1. Naga People’s Front Cock" +"(NPF)" +"2. People’s Democratic Crown" +"Alliance (PDA)" +"14. Meghalaya 1. United Democratic Drum" +"Party (UDP)" +"2. Hill State People’s Lion" +"Democratic Party" +"(HSPDP)" +"3. People’s Democratic Candles" +"Front (PDF)" +"15. Mizoram 1. Mizo National Front Star" +"(MNF)" +"2. Mizoram People’s Electric Bulb" +"Conference (MPC)" +" 3. Zoram Nationalist Sun (without rays)" +"Party (ZNP)" +"16. Nagaland 1. Naga People’s Front Cock" +"(NPF)" +"2. Nationalist Globe" +"Democratic" +"Progressive Party" +"(NDPP)" +"17. N.C.T. of Aam Aadmi Party (AAP) Broom" +"Delhi" +"18. Odisha Biju Janata Dal (BJD) Conch" +"19. Puducherry 1. All India Anna Two Leaves" +"Dravida Munnetra" +"Kazhagam (ADMK)" +"or (AIADMK)" +"2. All India N.R. Jug" +"Congress (AINRC)" +"3. Dravida Munnetra Rising Sun" +"Kazhagam (DMK)" +"4. Pattali Makkal Katchi Mango" +"(PMK)" +"20. Punjab 1. Shiromani Akali Dal Scales" +"(SAD)" +"2. Aam Aadmi Party Broom" +"(AAP)" +"21. Rajasthan Rashtriya Loktantrik Bottle" +"Party (RLP)" +"22. Sikkim 1. Sikkim Democratic Umbrella" +"Front (SDF)" +"2. Sikkim Krantikari Table Lamp" +"Morcha (SKM)" +"23. Tamil Nadu 1. All India Anna Two leaves" +"Dravida Munnetra" +" Kazhagam (ADMK)" +"or (AIADMK)" +"2. Dravida Munnetra Rising Sun" +"Kazhagam (DMK)" +"3. Desiya Murpokku Nagara" +"Dravida Kazhagam" +"(DMDK)" +"24. Telangana 1. All India Majlis-E- Kite" +"Ittehadul Muslimeen" +"(AIMIM)" +"2. Telangana Rashtra Car" +"Samithi (TRS)" +"3. Telugu Desam Bicycle" +"(TDP)" +"4. Yuvajana Sramika Ceiling Fan" +"Rythu Congress" +"Party (YSRCP)8" +"25. Tripura Indigenous People’s Dao" +"Front of Tripura (IPFT)" +"26. Uttar 1. Rashtriya Lok Dal Hand Pump" +"Pradesh (RLD)" +"2. Samajwadi Party Bicycle" +"(SP)" +"27. West Bengal 1. All India Forward Lion" +"Bloc (AIFB)" +"2. Revolutionary Spade & Stoker" +"Socialist Party" +"(RSP)" +"" +"Table 69.4 Formation of Political Parties (Chronological Order)" +"Sl. No. Name of the Party Year of" +"(Abbreviation) Formation" +"1. Indian National Congress (INC) 1885" +" 2. Shiromani Akali Dal (SAD) 1920" +"3. Communist Party of India (CPI) 1925" +"4. Jammu & Kashmir National 1939" +"Conference (JKNC)" +"5. All India Forward Bloc (AIFB) 1939" +"6. Revolutionary Socialist Party 1940" +"(RSP)" +"7. Indian Union Muslim League 1948" +"(IUML)" +"8. Dravida Munnetra Kazhagam 1949" +"(DMK)" +"9. Mizo National Front (MNF) 1961" +"10. Maharashtrawadi Gomantak 1963" +"Party (MAG)" +"11. Communist Party of India 1964" +"(Marxist) (CPM)" +"12. Shiv Sena (SHS) 1966" +"13. Mizoram People’s Conference 1972" +"(MPC)" +"14. Jharkhand Mukti Morcha (JMM) 1972" +"15. All India Anna Dravida Munnetra 1972" +"Kazhagam (AIADMK)" +"16. Kerala Congress (M) (KEC (M)) 1979" +"17. Bharatiya Janata Party (BJP) 1980" +"18. Telugu Desam Party (TDP) 1982" +"19. Bahujan Samaj Party (BSP) 1984" +"20. Asom Gana Parishad (AGP) 1985" +"21. People’s Party of Arunachal 1987" +"(PPA)" +"22. Samajwadi Party (SP) 1992" +"23. Sikkim Democratic Front (SDF) 1993" +" 24. Rashtriya Lok Dal (RLD) 1996" +"25. Zoram Nationalist Party (ZNP) 1997" +"26. Rashtriya Janata Dal (RJD) 1997" +"27. Biju Janata Dal (BJD) 1997" +"28. All India Trinamool Congress 1998" +"(AITC)" +"29. Indian National Lok Dal (INLD) 1998" +"30. Jammu and Kashmir People’s 1999" +"Democratic Party (PDP)" +"31. Janata Dal (United) (JD (U)) 1999" +"32. Janata Dal (Secular) (JD(S)) 1999" +"33. Nationalist Congress Party (NCP) 1999" +"34. Lok Jan Shakti Party (LJSP) 2000" +"35. Telangana Rashtra Samithi (TRS) 2001" +"36. Naga People’s Front (NPF) 2002" +"37. All India United Democratic Front 2004" +"(AUDF)" +"38. Desiya Murpokku Dravidar 2005" +"Kazhagam (DMDK)" +"39. Maharashtra Navnirman Sena 2006" +"(MNS)" +"40. Jharkhand Vikas Morcha 2006" +"(Prajatantrik) (JVM - P)" +"41. Indigenous People’s Front of 2009" +"Tripura (IPFT)" +"42. Yuvajana Sramika Rythu 2011" +"Congress Party (YSRCP)" +"43. All India N.R. Congress (AINRC) 2011" +"44. Aam Aadmi Party (AAP) 2012" +"45. National People’s Party (NPP) 2013" +"46. Rashtriya Lok Samta Party 2013" +" (RLSP)" +"47. Sikkim Krantikari Morcha (SKM) 2013" +"48. Goa Forward Party (GFP) 2016" +"49. Janata Congress Chhattisgarh 2016" +"(JCC)" +"50. People’s Democratic Front (PDF) 2017" +"51. National Democratic Progressive 2018" +"Party (NDPP)" +"52. Rashtriya Loktantrik Party (RLP) 2018" +"" +"" +"NOTES AND REFERENCES" +"1. The two parties in the US are Democratic and" +"Republican, and in Britain are Conservative and Labour." +"2. As per the Notifications issued by the Election" +"Commission of India dated 15th March, 2019 and 1st" +"April, 2019." +"3. Rajni Kothari: Congress System in India, Asian Survey," +"Volume 4, No. 12 (December, 1964), pp. 1–18." +"4. The Election Symbols (Reservation and Allotment)" +"Order, 1968, as amended from time to time. The latest" +"amendment to this order was made in 2011." +"5. Ibid." +"6. See Reference 2 above." +"7. As per the Notification issued by the Election" +"Commission of India dated 15th March, 2019." +"8. Ibid." +" 70 Role of Regional Parties" +"" +"" +"" +"" +"T" +"he presence of a large number of regional parties is an" +"important feature of the Indian Political System. They have" +"come to play a vital role in Indian politics at all levels, i.e." +"local, state and national. This is more so in the context of the new" +"era of coalition politics." +" FEATURES OF REGIONAL PARTIES" +"" +"Following are the features of a regional party:" +"1. It generally operates within a particular state or specific" +"region. Its electoral base is limited to a single region." +"2. It articulates regional interests and identifies itself with a" +"particular cultural, religious, linguistic or ethnic group." +"3. It is primarily concerned with exploiting the local resources" +"of discontent or preserving a variety of primordial demands" +"based on language, caste or community or region1 ." +"4. It focuses on local or regional issues and aims to capture" +"political power at the state level. It has no inclination to" +"expand and control the central government." +"5. It has a political desire for greater regional autonomy of" +"states in the Indian Union2 ." +" CLASSIFICATION OF REGIONAL PARTIES" +"The various regional parties in India can be classified into the" +"following four categories:" +"1. Those regional parties which are based on the regional" +"culture or ethnicity. These include Shiromani Akali Dal," +"National Conference, DMK, AIADMK, Telugu Desam, Shiv" +"Sena, Asom Gana Parishad, Mizo National Front, Jharkhand" +"Mukti Morcha and so on." +"2. Those regional parties which have an all-India outlook but" +"lack a national electoral base. The examples are Indian" +"National Lok Dal, All-India Forward Bloc, Revolutionary" +"Socialist Party, Samajwadi Party, Nationalist Congress Party" +"and so on." +"3. Those regional parties which have been formed by a split in" +"national parties. For example, Bangla Congress, Bharatiya" +"Kranti Dal, Utkal Congress, Kerala Congress, Telangana" +"Praja Samithi, Biju Janata Dal, Rashtriya Janata Dal, Janata" +"Party, Samajwadi Janata Party, Samata Party, Trinamool" +"Congress, YSR Congress and so on." +"4. Those regional parties which have been formed by individual" +"leaders on the basis of their charismatic personality. These" +"are called as personalised parties and they are short-lived." +"The examples are Lok Janshakti Party, Haryana Vikas Party," +"Himachal Vikas Congress, Congress (J) and so on." +" RISE OF REGIONAL PARTIES" +"" +"There are multiple reasons for the emergence of regional parties" +"in India. These are as follows:" +"1. Cultural and ethnic pluralism of the Indian society." +"2. Economic disparities and regional imbalances in the" +"development." +"3. Desire of certain sections or areas to maintain separate" +"identity due to historical factors." +"4. Self-interest of the deposed Maharajas and dispossessed" +"Zamindars." +"5. Failure of national politics to meet the regional aspirations." +"6. Reorganisation of states on the basis of language." +"7. Charismatic personality of the regional leaders." +"8. Factional fights within the larger parties." +"9. Centralising tendencies of the congress party." +"10. Absence of a strong opposition party at the central level." +"11. Role of caste and religion in the political process." +"12. Alienation and discontentment among the tribal groups." +" ROLE OF REGIONAL PARTIES" +"" +"The following points highlight the role played by the regional" +"parties in Indian politics:" +"1. They have provided better governance and a stable" +"government at the regional level." +"2. They have posed a challenge to the one-party dominant" +"system in the country and led to a decline in the domination" +"of the Congress party3 ." +"3. They have made a strong impact on the nature and course" +"of centre-state relations. The tension areas in centre-state" +"relations and the demand for grant of greater autonomy" +"made the central leadership more responsive to the needs of" +"the regional actors4 ." +"4. They have made politics more competitive and popular" +"participation in the political process more extensive at the" +"grass roots5 ." +"5. They have widened the choice for voters in both the" +"parliamentary and assembly elections. The voters can vote" +"for that party which aims to promote the interest of their" +"state/region." +"6. They have increased the political consciousness of the" +"people and also their interest in politics. They bring into" +"focus the local or regional issues which immediately attract" +"the attention of the masses." +"7. They provided a check against the dictatorial tendencies of" +"the central government. They opposed the ruling congress" +"party at the centre on certain issues and forced the dominant" +"party to be more reasonable in its approach to the process" +"of conflict resolution6 ." +"8. They have made a significant contribution for the successful" +"functioning of parliamentary democracy. In a parliamentary" +"democracy, the minority must have its say, the majority must" +"have its way, and the regional parties have played this role" +"successfully by being ruling parties in some states and" +"opposition parties at the centre7 ." +" 9. The have succeeded in exposing the partisan role of the" +"Governors in the appointment and dismissal of the Chief" +"Minister, in issuing of ordinances and reservation of bills for" +"the consideration of the President8 ." +"10. After the dawn of the era of coalition politics, the regional" +"parties have assumed an important role in national politics." +"The have joined the coalition governments formed at the" +"centre and shared power with the national parties9 ." +" DYSFUNCTIONS OF REGIONAL PARTIES" +"" +"However, there are also negative points in the role of regional" +"parties. These are as follows:" +"1. They have given more importance to regional interests" +"rather than national interests. They have neglected the" +"implications and consequences of their narrow approach to" +"the resolution of national issues." +"2. They have encouraged regionalism, cas-teism, linguism," +"communalism and tribalism which have become hurdles to" +"national integration." +"3. They are responsible for the unresolution of the inter-state" +"water disputes, inter-state border disputes and other inter-" +"state issues." +"4. They have also indulged in corruption, nepotism, favouritism" +"and other forms of misutilisation of power in order to" +"promote their self-interest." +"5. They have focused more on the populist schemes and" +"measures to expand and strengthen their electoral base." +"This has adversely affected the state economy and" +"development." +"6. They bring in regional factor in the decision-making and the" +"policy-making by the coalition government at the centre." +"They force the central leadership to yield to their demands10" +"." +"" +"" +"NOTES AND REFERENCES" +"1. Observation made by Stanley A. Kochnock in Ram" +"Reddy, G. and Sharma, B.A.V., Regionalism in India - A" +"Study of Telangana, Concept Publishers, New Delhi," +"1979, pp. 87–88." +"2. Brass, P.R., The Politics of India Since Independence," +"Second Edition, Cambridge University Press," +"Cambridge, UK, 1993, p. 89." +"3. Bombwall, K.R., Regional parties in Indian politics: A" +"preview. In Bhatnagar, S. and Kumar, P. (Eds) Regional" +" Political Parties in India, ESS Publications, Delhi, 1988," +"pp. 1–16." +"4. Ibid." +"5. Ibid." +"6. Siwach, J.R., Dynamics of Indian Government and" +"Politics, Second Edition, Sterling Publishers Private" +"Limited, New Delhi, 1990, p. 865." +"7. Ibid." +"8. Ibid." +"9. For more details in this regard, see Chapter 75." +"10. Ibid." +" 71 Elections" +"" +"" +"ELECTORAL SYSTEM" +"Articles 324 to 329 in Part XV of the Constitution make the" +"following provisions with regard to the electoral system in our" +"country:" +"1. The Constitution (Article 324) provides for an independent" +"Election Commission in order to ensure free and fair" +"elections in the country. The power of superintendence," +"direction and conduct of elections to the Parliament, the" +"state legislatures, the office of the President and the office of" +"the VicePresident is vested in the Commission1. At present," +"the commission consists of a chief election commissioner" +"and two election commissioners2 ." +"2. There is to be only one general electoral roll for every" +"territorial constituency for election to the Parliament and the" +"state legislatures. Thus, the Constitution has abolished the" +"system of communal representation and separate" +"electorates which led to the partition of the country." +"3. No person is to be ineligible for inclusion in the electoral roll" +"on grounds only of religion, race, caste, sex or any of them." +"Further, no person can claim to be included in any special" +"electoral roll for any constituency on grounds only of religion," +"race, caste or sex or any of them. Thus, the Constitution has" +"accorded equality to every citizen in the matter of electoral" +"franchise." +"4. The elections to the Lok Sabha and the state assemblies are" +"to be on the basis of adult franchise. Thus, every person" +"who is a citizen of India and who is 183 years of age, is" +"entitled to vote at the election provided he is not disqualified" +"under the provisions of the Constitution or any law made by" +"the appropriate legislature (Parliament or state legislature)" +" on the ground of non-residence, unsound mind, crime or" +"corrupt or illegal practice4 ." +"5. Parliament may make provision with respect to all matters" +"relating to elections to the Parliament and the state" +"legislatures including the preparation of electoral rolls, the" +"delimitation of constituencies and all other matters" +"necessary for securing their due constitution." +"6. The state legislatures can also make provision with respect" +"to all matters relating to elections to the state legislatures" +"including the preparation of electoral rolls and all other" +"matters necessary for securing their due constitution. But," +"they can make provision for only those matters which are not" +"covered by the Parliament. In other words, they can only" +"supplement the parliamentary law and cannot override it." +"7. The Constitution declares that the validity of any law relating" +"to the delimitation of constituencies or the allotment of seats" +"to such constituencies cannot be questioned in any court." +"Consequently, the orders issued by the Delimitation" +"Commission become final and cannot be challenged in any" +"court." +"8. The Constitution lays down that no election to the" +"Parliament or the state legislature is to be questioned except" +"by an election petition presented to such authority and in" +"such manner as provided by the appropriate legislature." +"Since 1966, the election petitions are triable by high courts" +"alone. But, the appellate jurisdiction lies with the Supreme" +"Court alone." +"Article 323B empowers the appropriate legislature (Parliament" +"or state legislature) to establish a tribunal for the adjudication of" +"election disputes. It also provides for the exclusion of the" +"jurisdiction of all courts (except the special leave appeal" +"jurisdiction of the Supreme Court) in such disputes. So far, no" +"such tribunal has been established. It must be noted here that in" +"Chandra Kumar case5 (1997), the Supreme Court declared this" +"provision as unconstitutional. Consequently, if at any time an" +"election tribunal is established, an appeal from its decision lies to" +"the high court." +" ELECTION MACHINERY" +"" +"Election Commission of India (ECI)" +"Under Article 324 of the Constitution of India, the Election" +"Commission of India is vested with the power of superintendence," +"direction and control of conducting the elections to the Lok Sabha" +"and State Legislative Assemblies. The Election Commission of" +"India is a three-member body, with one Chief Election" +"Commissioner and two Election Commissioners. The President of" +"India appoints the Chief Election Commissioner and the Election" +"Commissioners." +"" +"Chief Electoral Officer (CEO)" +"The Chief Electoral Officer of a state/ Union Territory is authorised" +"to supervise the election work in the state/Union Territory subject" +"to the overall superintendence, direction and control of the" +"Election Commission. The Election Commission of India" +"nominates or designates an Officer of the Government of the state" +"/ Union Territory as the Chief Electoral Officer in consultation with" +"that State Government / Union Territory Administration." +"" +"District Election Officer (DEO)" +"Subject to the superintendence, direction and control of the Chief" +"Electoral Officer, the District Election Officer supervises the" +"election work of a district. The Election Commission of India" +"nominates or designates an officer of the state Government as the" +"District Election Officer in consultation with the state government." +"" +"Returning Officer (RO)" +"The Returning Officer of a Parliamentary or assembly" +"constituency is responsible for the conduct of elections in the" +"Parliamentary or assembly constituency concerned. The Election" +"Commission of India nominates or designates an officer of the" +"Government or a local authority as the Returning Officer for each" +"of the assembly and parliamentary constituencies in consultation" +"with the State Government / Union Territory Administration. In" +"addition, the Election Commission of India also appoints one or" +" more Assistant Returning Officers for each of the assembly and" +"Parliamentary constituencies to assist the Returning Officer in the" +"performance of his functions in connection with the conduct of" +"elections." +"" +"Electoral Registration Officer (ERO)" +"The Electoral Registration Officer is responsible for the" +"preparation of electoral rolls for a Parliamentary / assembly" +"constituency. The Election Commission of India, in consultation" +"with the state / UT government, appoints an officer of the" +"government or the local authorities as the Electoral Registration" +"Officer. In addition, the Election Commission of India also appoints" +"one or more Assistant Electoral Registration Officers to assist the" +"Electoral Registration Officer in the performance of his functions in" +"the matter of preparation / revision of electoral rolls." +"" +"Presiding Officer" +"The Presiding Officer with the assistance of polling officers" +"conducts the poll at a polling station. The District Election Officer" +"appoints the Presiding Officers and the Polling Officers. In the" +"case of Union Territories, such appointments are made by the" +"Returning Officers." +"" +"Observers" +"The Election Commission of India nominates officers of" +"Government as Observers for Parliamentary and Assembly" +"Constituencies. These observers are of various kinds6 :" +"1. General Observers: The Commission deploys General" +"Observers in adequate number to ensure smooth conduct of" +"elections. These Observers are asked to keep a close watch" +"on every stage of the electoral process to ensure free and" +"fair elections." +"2. Expenditure Observers: Expenditure Observers from" +"Central Government Services are appointed to keep a close" +"watch on election expenditure of the candidates and to" +"ensure that no inducement is offered to the electors during" +"the entire election process for exercise of their franchise." +"3. Police Observers: The Commission deploys IPS officers as" +"Police Observers at State and District levels, depending" +" upon the sensitivity of the Constituency, wherever required." +"They monitors all activities relating to force deployment, law" +"and order situation and co-ordinate between the Civil and" +"Police administration to ensure free and fair election." +"4. Awareness Observers: For the first time in the 16th Lok" +"Sabha Elections (2014), the Commission deployed Central" +"Awareness Observers to oversee the efficient and effective" +"management of the electoral process at the field level," +"mainly in respect of voter awareness and facilitation." +"Awareness Observers are deployed to observe the" +"interventions undertaken by the election machinery to bridge" +"the gap in people’s participation in the electoral process" +"particularly in regard to voters’ turnout. They also monitors" +"the various media related aspects of RP Act 1951 and" +"observe the mechanism directed by the Commission at" +"District levels on checking the problem of ‘Paid News’." +"5. Micro Observers: In addition to General Observers, the" +"Commission also deploys Micro Observers to observe the" +"poll proceedings on the poll day in selected critical polling" +"stations. They are chosen from Central Government /" +"Central PSUs officials. Micro-Observers verify the BMF at" +"the Polling stations and certify the same before start of" +"polling. They observe the proceedings at the Polling Stations" +"on the poll day right from the mock poll to the completion of" +"poll and the process of sealing of EVMs and other" +"documents to ensure that all instructions of the Commission" +"are complied with by the Polling Parties and the Polling" +"Agents. They also report to the General Observers directly" +"about vitiation of the poll proceedings, if any, in their allotted" +"Polling Stations." +"6. Assistant Expenditure Observers: In addition to" +"Expenditure Observers, Assistant Expenditure Observers" +"are appointed for each Assembly segment to ensure that all" +"major election campaign events are videographed and" +"complaints of electoral malpractices are promptly attended." +" ELECTION PROCESS7" +"" +"Time of Elections" +"Elections for the Lok Sabha and every state Legislative Assembly" +"have to take place every five years, unless called earlier. The" +"President can dissolve Lok Sabha and call a General Election" +"before five years is up, if the Government can no longer command" +"the confidence of the Lok Sabha, and if there is no alternative" +"government available to take over." +"" +"Schedule of Elections" +"When the five-year limit is up, or the legislature has been" +"dissolved and new elections have been called, the Election" +"Commission puts into effect the machinery for holding an election." +"The Constitution states that there can be no longer than six" +"months between the last session of the dissolved Lok Sabha and" +"the recalling of the new House, so elections have to be concluded" +"before then." +"The Commission normally announces the schedule of elections" +"in a major press conference a few weeks before the formal" +"process is set in motion. The Model Code of Conduct for guidance" +"of candidates and political parties comes immediately into effect" +"after such announcement." +"The formal process for the elections starts with the Notification" +"or Notifications calling upon the electorate to elect Members of a" +"House. As soon as Notifications are issued, candidates can start" +"filing their nominations in the constituencies from where they wish" +"to contest. These are scrutinised by the Returning Officer of the" +"constituency concerned after the last date for the same is over" +"after about a week. The validly nominated candidates can" +"withdraw from the contest within two days from the date of" +"scrutiny. Contesting candidates get at least two weeks for political" +"campaign before the actual date of poll." +"On account of the vast magnitude of operations and the" +"massive size of the electorate, polling is held on a number of days" +"for the national elections. A separate date for counting is fixed and" +" the results declared for each constituency by the concerned" +"Returning Officer." +"The Commission compiles the complete list of members" +"elected and issues an appropriate Notification for the due" +"constitution of the House. With this, the process of elections is" +"complete and the President, in case of the Lok Sabha, and the" +"Governors of the concerned states, in case of State Assemblies," +"can then convene their respective Houses to hold their sessions." +"" +"Oath or Affirmation" +"It is necessary for a candidate to make and subscribe an oath or" +"affirmation before an officer authorised by the Election" +"Commission. For any particular election, the authorised persons" +"are, principally, the Returning Officer and the Assistant Returning" +"Officer for the constituency. In the case of a candidate confined in" +"a prison or under preventive detention, the superintendent of the" +"prison or commandant of the detention camp in which he is so" +"confined or is under such detention is authorised to administer the" +"oath. And in the case of a candidate confined to bed in a hospital" +"or elsewhere owing to illness or any other cause, the medical" +"superintendent in charge of the hospital or the medical practitioner" +"attending on him is similarly authorised. If a candidate is outside" +"India, the Indian Ambassador or High Commissioner or diplomatic" +"consular authorised by him can also administer oath/affirmation." +"The candidate, in person, is required to make the oath or" +"affirmation immediately after presenting his nomination papers" +"and in any case not later than the day previous to the date of the" +"scrutiny8 ." +"" +"Election Campaign" +"The campaign is the period when the political parties put forward" +"their candidates and arguments with which they hope to persuade" +"people to vote for their candidates and parties. Candidates are" +"given a week to put forward their nominations. These are" +"scrutinised by the Returning Officers and if not found to be in" +"order can be rejected after a summary hearing. Validly nominated" +"candidates can withdraw within two days after nominations have" +"been scrutinised. The official campaign lasts at least two weeks" +" from the drawing up of the list of nominated candidates, and" +"officially ends 48 hours before polling closes." +"During the election campaign, the political parties and" +"contesting candidates are expected to abide by a Model Code of" +"Conduct evolved by the Election Commission on the basis of a" +"consensus among political parties. The model code lays down" +"broad guidelines as to how the political parties and candidates" +"should conduct themselves during the election campaign. It is" +"intended to maintain the election campaign on healthy lines, avoid" +"clashes and conflicts between political parties or their supporters" +"and to ensure peace and order during the campaign period and" +"thereafter, until the results are declared. The model code also" +"prescribes guidelines for the ruling party either at the Centre or in" +"the state to ensure that a level field is maintained and that no" +"cause is given for any complaint that the ruling party has used its" +"official position for the purposes of its election campaign9 ." +"Once an election has been called, parties issue manifestos" +"detailing the programmes they wish to implement if elected to" +"government, the strengths of their leaders, and the failures of" +"opposing parties and their leaders. Slogans are used to" +"popularise and identify parties and issues, and pamphlets and" +"posters distributed to the electorate. Rallies and meetings where" +"the candidates try to persuade, cajole and enthuse supporters," +"and denigrate opponents, are held throughout the constituencies." +"Personal appeals and promises of reform are made, with" +"candidates travelling the length and breadth of the constituency to" +"try to influence as many potential supporters as possible." +"" +"Polling Days" +"Polling is normally held on a number of different days in different" +"constituencies, to enable the security forces and those monitoring" +"the election to keep law and order and ensure that voting during" +"the election is fair." +"" +"Ballot Papers and Symbols" +"After nomination of candidates is complete, a list of competing" +"candidates is prepared by the Returning Officer, and ballot papers" +"are printed. Ballot papers are printed with the names of the" +"candidates (in languages set by the Election Commission) and the" +" symbols allotted to each of the candidates. Candidates of" +"recognised parties are allotted their party symbols." +"" +"Voting Procedure" +"Voting is by secret ballot. Polling stations are usually set up in" +"public institutions, such as schools and community halls. To" +"enable as many electors as possible to vote, the officials of the" +"Election Commission try to ensure that there is a polling station" +"within two kilometres of every voter, and that no polling stations" +"should have to deal with more than 1500 voters. Each polling" +"station is open for at least eight hours on the day of the election." +"On entering the polling station, the elector is checked against" +"the electoral roll10 , and allocated a ballot paper. The elector votes" +"by marking the ballot paper with a rubber stamp on or near the" +"symbol of the candidate of his choice, inside a screened" +"compartment in the polling station. The voter then folds the ballot" +"paper and inserts it in a common ballot box which is kept in full" +"view of the Presiding Officer and polling agents of the candidates." +"This marking system eliminates the possibility of ballot papers" +"being surreptitiously taken out of the polling station or not being" +"put in the ballot box." +"Since 1998, the Commission has increasingly used Electronic" +"Voting Machines (EMVs) instead of ballot boxes. In 2003, all state" +"elections and by elections were held using EVMs. Encouraged by" +"this, the Commission took a historic decision to use only EVMs for" +"the Lok Sabha election in 2004. More than 1 million EVMs were" +"used in this election." +"" +"Electronic Voting Machine" +"An Electronic Voting Machine (EVM) is a simple electronic device" +"used to record votes in place of ballot papers and boxes which" +"were used earlier in conventional voting system. The advantages" +"of the EVM over the traditional ballot paper / ballot box system are" +"given here:" +"(i) It eliminates the possibility of invalid and doubtful votes which," +"in many cases, are the root causes of controversies and" +"election petitions." +"(ii) It makes the process of counting of votes much faster than" +"the conventional system." +" (iii) It reduces to a great extent the quantity of paper used thus" +"saving a large number of trees making the process eco-" +"friendly." +"(iv) It reduces cost of printing (almost nil) as only one sheet of" +"ballot paper is required for each Polling Station11 ." +"" +"Supervising Elections" +"The Election Commission appoints a large number of Observers" +"to ensure that the campaign is conducted fairly, and that people" +"are free to vote as they choose. Election expenditure Observers" +"keeps a check on the amount that each candidate and party" +"spends on the election." +"" +"Counting of Votes" +"After the polling has finished, the votes are counted under the" +"supervision of Returning Officers and Observers appointed by the" +"Election Commission. After the counting of votes is over, the" +"Returning Officer declares the name of the candidate, to whom" +"the largest number of votes have been given, as the winner and" +"as having been returned by the constituency to the concerned" +"House." +"Elections to the Lok Sabha are carried out using a first-past-" +"the-post electoral system. The country is split up into separate" +"geographical areas, known as constituencies, and the electors" +"can cast one vote each for a candidate, the winner being the" +"candidate who gets the maximum votes." +"Elections to the State Assemblies are carried out in the same" +"manner as for the Lok Sabha election, with the states and union" +"territories divided into single-member constituencies, and the first-" +"past-the-post electoral system used." +"" +"Media Coverage" +"In order to bring as much transparency as possible to the electoral" +"process, the media are encouraged and provided with facilities to" +"cover the election, although subject to maintaining the secrecy of" +"the vote. Media persons are given special passes to enter polling" +"stations to cover the poll process and the counting halls during the" +"actual counting of votes." +" Election Petitions" +"Any elector or candidate can file an election petition if he or she" +"thinks there has been malpractice during the election. An election" +"petition is not an ordinary civil suit, but treated as a contest in" +"which the whole constituency is involved. Election petitions are" +"tried by the High Court of the state involved, and if upheld can" +"even lead to the restaging of the election in that constituency." +"" +"Table 71.1 Results of Lok Sabha Elections" +"General Elective Seats Seats won by Parties (Major)" +"Elections" +"(Year)" +"First (1952) 489 Congress 364, Communist 16," +"Socialist 12, KMPP 9, Jana" +"Sangh 3." +"Second 494 Congress 371, Communist 27," +"(1957) Praja Socialist 19, Jana Sangh" +"4" +"Third (1962) 494 Congress 361, Communist 29," +"Swatantra 18, Jana Sangh 14," +"Praja Socialist 12, Socialists 6." +"Fourth 520 Congress 283, Swatantra 44," +"(1967) Jana Sangh 35, CPI 23, CPM" +"19, Sanyukta Socialist 23, Praja" +"Socialist 13." +"Fifth (1971) 518 Congress 352, CPM 25, CPI" +"24, DMK 23, Jana Sangh 21," +"Swatantra 7, Socialist 5." +"Sixth (1977) 542 Janata 298, Congress 154," +"CPM 22, CPI 7, AIADMK 18." +"Seventh 542 Congress 353, Janata (Secular)" +"(1980) 41, Janata 31, CPM 36, CPI 11," +"DMK 16." +"Eight (1984) 542 Congress 415, TDP 28, CPM" +"22, CPI 6, Janata 10, AIADMK" +" 12, BJP 2." +"Ninth (1989) 543 Congress 197, Janata Dal 141," +"BJP 86, CPM 32, CPI 12," +"AIADMK 11, TDP 2." +"Tenth (1991) 543 Congress 232, BJP 119, Janata" +"Dal 59, CPM 35, CPI 13, TDP" +"13, AIADMK 11." +"Eleventh 543 BJP 161, Congress 140, Janata" +"(1996) Dal 46, CPM 32, TMCM 20," +"DMK 17, SP 17, TDP 16, SS" +"15, CPI 12, BSP 11." +"Twelfth 543 BJP 182, Congress 141, CPM" +"(1998) 32, AIADMK 18, TDP 12, SP" +"20, Samata 12, RJD 17." +"Thirteenth 543 BJP 182, Congress 114, CPM" +"(1999) 33, TDP 29, SP 26, JD (U) 20," +"SS 15, BSP 14, DMK 12, BJD" +"10, AIADMK 10." +"Fourteenth 543 Congress 145, BJP 138, CPM" +"(2004) 43, SP 36, RJD 24, BSP 19," +"DMK 16, Shiv Sena 12, BJD 11," +"CPI 10." +"Fifteenth 543 Congress 206, BJP 116, SP 23," +"(2009) BSP 21, JD(U) 20, Trinamool" +"19, DMK 18, CPM 16, BJD 14," +"Shiv Sena 11, NCP 9, AIADMK" +"9, TDP 6, RLD 5, CPI 4, RJD 4," +"SAD 4." +"Sixteenth 543 BJP 282, Congress 44," +"(2014) AIADMK 37, Trinamool 34, BJD" +"20, Shiv Sena 18, TDP 16, TRS" +"11, CPM 9, YSR Congress 9," +"NCP 6, LJP 6, SP 5, AAP 4," +"RJD 4, SAD 4." +"Seventeenth 543 BJP 303, Congress 52, DMK" +" (2019) 23, Trinamool 22, YSR" +"Congress 22, Shiv Sena 18, JD" +"(U) 16, BJD 12, BSP 10, TRS" +"9, LJP 6, NCP 5, SP 5." +"" +"Table 71.2 Prime Ministers after each Lok Sabha General" +"Election" +"General National Parties Prime Minister" +"Elections" +"(Year)" +"First (1952*) BJS, BPI, CPI, FBL Jawaharlal Nehru (15th" +"(MG), FBL (RG), HMS, August, 1947 to 27, May," +"INC, KLP, KMPP, RCPI, 1964)" +"RRP, RSP, SCF, SP" +"Second BJS, CPI, INC, PSP -do-" +"(1957)" +"Third (1962) CPI, INC, BJS, PSP, -do-" +"SSP, SWA" +"Gulzari Lal Nanda (27th" +"May 1964 to 9th June," +"1964)" +"Lal Bahadur Shastri (9th" +"June, 1964 to 11th" +"January 1966)" +"Gulzari Lal Nanda (11th" +"January 1966 to 24th" +"January, 1966)" +"Fourth BJS, CPI, CPM, INC, Mrs. Indira Gandhi (24th" +"(1967) PSP, SSP, SWA January 1966 to 24th" +"March 1977)" +"Fifth (1971) BJS, CPI, CPM, INC, -do-" +"NCO, PSP, SSP, SWA" +"Sixth (1977) BLD, CPI, CPM, INC, Morarji Desai (24th" +"NCO March, 1977 to 28th July," +" 1979)" +"Charan Singh (28th July" +"1979 to 14th January" +"1980)" +"Seventh CPI, CPM, INC (I), INC Mrs. Indira Gandhi (14th" +"(1980) (U), JNP, JNP (S) January 1980 to 31st" +"October, 1984)" +"Eighth BJP, CPI, CPM, ICS, Rajiv Gandhi (31st" +"(1984) INC, JNP, LKD October, 1984 to 2nd" +"December, 1989)" +"Ninth (1989) BJP, CPI, CPM, ICS Vishwanath Pratap Singh" +"(SCS), INC, JD, JNP (2nd December, 1989 to" +"(JP), LKD (B) 10th November, 1990)" +"Chandra Shekhar (10th" +"November, 1990 to 21st" +"June, 1991)" +"Tenth (1991) BJP, CPI, CPM, ICS P.V. Narasimha Rao" +"(SCS), INC, JD, JD(S), (21st June 1991 to 16th" +"JP, LKD May 1996)" +"Eleventh AIIC (T), BJP, CPI, CPM, Atal Bihari Vajpayee" +"(1996) INC, JD, JP, SAP (16th May 1996 to 1st" +"June, 1996)" +"H.D. Deve Gowda (1st" +"June, 1996 to 21st April" +"1997)" +"Inder Kumar Gujral (21st" +"April, 1997 to 19th" +"March, 1998)" +"Twelfth BJP, BSP, CPI, CPM, Atal Bihari Vajpayee" +"(1998) INC, JD, SAP (19th March, 1998 to" +"22nd May, 2004)" +"Thirteenth BJP, BSP, CPI, CPM, -do-" +"(1999) INC, JD(S), JD(U)" +"Fourteenth BJP, BSP, CPI, CPM, Dr. Man Mohan Singh" +" (2004) INC, NCP (22nd May 2004 to 22nd" +"May 2009)" +"Fifteenth BJP, BSP, CPI, CPM, Dr. Man Mohan Singh" +"(2009) INC, NCP, RJD (22nd May 2009 to 26th" +"May 2014)" +"Sixteenth BJP, BSP, CPI, CPM, Narendra Modi (26th" +"(2014) INC, NCP May 2014 to 30th May" +"2019)" +"Seventeenth BSP, BJP, CPI, CPM, Narendra Modi (30th" +"(2019) INC, NCP, AITC May 2019 to till date)" +"* There were 14 recognised parties on all-India basis during 1952" +"elections. After the first general election, 4 parties were" +"recognized as national parties (Indian National Congress, Praja" +"Socialist Party, Communist Party of India and All India Bhartiya" +"Jan Sangh) in 1953." +"Source: Electoral Statistics - Pocket Book (2015), Election" +"Commission of India, pp. 118–120." +"" +"Table 71.3 Participation in Lok Sabha Elections" +"General Number of Electorate Voter Turn- Number of" +"Elections Candidates (Million) out Polling" +"(Year) (Percentage) Stations" +"First (1952) 1,874 173.21 45.7 1,96,084" +"Second 1,519 193.65 45.74 2,20,478" +"(1957)" +"Third (1962) 1,985 217.68 55.42 2,38,244" +"Fourth 2,369 274.60 61.33 2,67,255" +"(1967)" +"Fifth (1971) 2,784 274.09 55.29 3,42,944" +"Sixth (1977) 2,439 321.17 60.49 3,58,208" +"Seventh 4,462 363.94 56.92 4,34,442" +"(1980)" +"Eighth 5,493 400.10 64.1 5,05,751" +" (1984)" +"Ninth (1989) 6,160 499.00 62.0 5,89,449" +"Tenth (1991) 8,699 514.00 61.0 5,94,797" +"Eleventh 13,952 592.57 57.94 7,66,462" +"(1996)" +"Twelfth 4,750 605.58 61.97 7,73,494" +"(1998)" +"Thirteenth 4,648 605.88 59.99 7,75,000" +"(1999)" +"Fourteenth 5,435 671.00 57.86 6,87,402" +"(2004)" +"Fifteenth 8,070 713.77 58.4 8,34,944" +"(2009)" +"Sixteenth 8,251 834.08 66.44 9,27,553" +"(2014)" +"Seventeenth 8,026 910.51 67.4 10,36,295" +"(2019)" +"" +"Table 71.4 Women in Lok Sabha Elections" +"General Elections (Year) Contested Elected" +"First (1952) – 22" +"Second (1957) 45 27" +"Third (1962) 70 34" +"Fourth (1967) 67 31" +"Fifth (1971) 86 22" +"Sixth (1977) 70 19" +"Seventh (1980) 142 28" +"Eighth (1984) 164 44" +"Ninth (1989) 198 27" +"Tenth (1991) 325 39" +"Eleventh (1996) 599 40" +" Twelfth (1998) 274 43" +"Thirteenth (1999) 284 49" +"Fourteenth (2004) 355 45" +"Fifteenth (2009) 556 59" +"Sixteenth (2014) 668 62" +"Seventeenth (2019) 724 78" +"" +"Table 71.5 Cost of Lok Sabha Elections" +"General Elections (Year) Cost Borne by Election" +"Commission (₹ In Crores)" +"First (1952) 10.45" +"Second (1957) 5.90" +"Third (1962) 7.81" +"Fourth (1967) 10.95" +"Fifth (1971) 14.43" +"Sixth (1977) 29.81" +"Seventh (1980) 37.07" +"Eighth (1984) 85.51" +"Ninth (1989) 154.22" +"Tenth (1991) 359.10" +"Eleventh (1996) 597.34" +"Twelfth (1998) 626.40" +"Thirteenth (1999) 900.00" +"Fourteenth (2004) 1100.00" +"Fifteenth (2009) 1483.00" +"Sixteenth (2014) 3426.00" +"Seventeenth (2019) N.A." +" Table 71.6 Largest and Smallest (Area-wise) Lok Sabha" +"Constituencies in Fourteenth General Elections (2004)" +"Sl. Constituency State/UT Area (sq." +"No. km)" +"I. Largest" +"Constituencies" +"1. Ladakh Jammu & Kashmir 173266.37" +"2. Barmer Rajasthan 71601.24" +"3. Kutch Gujarat 41644.55" +"4. Arunachal West Arunachal Pradesh 40572.29" +"5. Arunachal East Arunachal Pradesh 39749.64" +"II. Smallest" +"Constituencies" +"1. Chandni Chowk NCT of Delhi 10.59" +"2. Kolkata North West West Bengal 13.23" +"3. Mumbai South Maharashtra 13.73" +"4. Mumbai South Central Maharashtra 18.31" +"5. Delhi Sadar NCT of Delhi 28.09" +"" +"Table 71.7 Largest and Smallest (Electors-wise) Lok Sabha" +"Constituencies in Sixteenth General Elections (2014)" +"Sl. Constituency State / UT Total No." +"No. of" +"Electors" +"I. Largest Constituencies" +"1. Malkajgiri Telangana 29,53,915" +"2. Ghaziabad Uttar Pradesh 22,63,961" +"3. Bangalore North Karnataka 22,29,063" +"4. Unnao Uttar Pradesh 21,10,388" +"5. North West Delhi NCT of Delhi 20,93,922" +" II. Smallest" +"Constituencies" +"1. Lakshadweep Lakshadweep 47,972" +"2. Daman & Diu Daman & Diu 1,02,260" +"3. Ladakh Jammu & 1,59,949" +"Kashmir" +"4. Dadra & Nagar Haveli Dadra & Nagar 1,88,783" +"Haveli" +"5. Andaman & Nicobar Islands Andaman & 2,57,856" +"Nicobar Islands" +"" +"Table 71.8 Articles Related to Elections at a Glance" +"Article No. Subject-matter" +"324. Superintendence, direction and control of" +"elections to be vested in an Election" +"Commission" +"325. No person to be ineligible for inclusion in, or to" +"claim to be included in a special, electoral roll" +"on grounds of religion, race, caste or sex" +"326. Elections to the House of the People and to the" +"Legislative Assemblies of states to be on the" +"basis of adult suffrage" +"327. Power of Parliament to make provision with" +"respect to elections to Legislatures" +"328. Power of Legislature of a state to make" +"provision with respect to elections to such" +"Legislature" +"329. Bar to interference by courts in electoral" +"matters" +"329A. Special provision as to elections to Parliament" +"in the case of Prime Minister and Speaker" +"(Repealed)" +" NOTES AND REFERENCES" +"1. There is a separate state election commission to deal" +"with elections to the panchayats and municipalities in" +"the state." +"2. For complete details regarding Election Commission," +"see Chapter 42." +"3. The 61st Amendment Act of 1988 has reduced the" +"voting age from 21 to 18 years. This came into force on" +"March 28, 1989." +"4. For more details in this regard, see ‘universal adult" +"franchise’ in Chapter 3." +"5. L. Chandra Kumar v. Union of India (1997). Clause 3(d)" +"of Article 323 B was declared as unconstitutional." +"6. Handbook for Media - General Elections to the 16th Lok" +"Sabha (2014), Election Commission of India, pp. 111–" +"113" +"7. This information is downloaded from the website of the" +"Election Commission of India." +"8. General Elections 2009: Reference Handbook, Press" +"Information Bureau, Government of India, p. 189." +"9. The Model Code of Conduct was agreed to by all the" +"political parties in 1968. The Election Commission first" +"effectively put to use the Model Code of Conduct in the" +"year 1991 to ensure fair elections and a level playing" +"field." +"10. The electoral roll is a list of all people in the" +"constituency who are registered to vote in Indian" +"elections. Only those people with their names on the" +"electoral roll are allowed to vote. The electoral roll is" +"normally revised every year to add the names of those" +"who are to turn 18 on the 1st January of that year or" +"have moved into a constituency and to remove the" +"names of those who have died or moved out of a" +"constituency." +"11. General Elections 2009: Reference Handbook, Press" +"Information Bureau, Government of India, p. 181." +" 72 Election Laws" +"" +"" +"REPRESENTATION OF THE PEOPLE ACT, 1950" +"Articles 81 and 170 of the Constitution of India lay down the" +"maximum number of seats in Parliament and in Legislative" +"Assemblies of States and also certain principles to be followed in" +"allocating seats in the House of People among the States and in" +"the State Legislative Assemblies, but have left the actual" +"allocation of such seats to be provided by the law." +"Similarly, Article 171 of the Constitution of India lays down the" +"maximum and minimum number of seats in the Legislative" +"Council of a State, and also specify the various methods in which" +"the seats shall be filled, but the actual number of seats to be filled" +"by each such method has been left to be provided by law." +"Therefore, the Representation of the People Act, 1950, was" +"enacted to provide for the allocation of seats in the House of the" +"People and in the Legislative Assemblies and Legislative Councils" +"of States." +"The Act also sought to confer on the President the powers to" +"delimit, after consultation with the Election Commission, the" +"various constituencies for the purpose of elections to fill seats in" +"the House of the People and in the Legislative Assemblies and" +"Legislative Councils of States." +"The Act further provided for the registration of electors for" +"Parliamentary Constituencies and for the Assembly and Council" +"Constituencies, and the qualifications and disqualifications for" +"such registration." +"To sum-up, the Act makes the following provisions relating to" +"the elections:" +"1. Allocation of seats in the House of the People, the State" +"Legislative Assemblies and the State Legislative Councils." +"2. Delimitation of Parliamentary, Assembly and Council" +"Constituencies." +" 3. Election officers like chief electoral officers, district election" +"officers, electoral registration officers and so on." +"4. Electoral rolls for Parliamentary, Assembly and Council" +"constituencies." +"5. Manner of filling seats in the Council of States to be filled by" +"representatives of union territories." +"6. Local authorities for purposes of elections to the State" +"Legislative Councils." +"7. Barring the jurisdiction of civil courts." +" REPRESENTATION OF THE PEOPLE ACT, 1951" +"The Representation of the People Act, 1950 did not contain all the" +"provisions relating to elections but merely provided for the" +"allocation of seats in and the delimitation of constituencies for the" +"purpose of elections to the House of People and Legislatures of" +"States, the qualifications of voter at such election and the" +"preparations of electoral rolls." +"The provisions for the actual conduct of elections to the Houses" +"of Parliament and to the House or Houses of the Legislature of" +"each State, the qualifications and disqualifications for the" +"membership of these Houses, the corrupt practices and other" +"election offences, and the decision of election disputes were all" +"left to be made in a subsequent measure. In order to provide for" +"these provisions, the Representation of the People Act, 1951 was" +"enacted." +"Broadly speaking, this Act contains provisions relating to the" +"following electoral matters:" +"1. Qualifications and disqualifications for membership of" +"Parliament and State Legislatures" +"2. Notification of general elections" +"3. Administrative machinery for the conduct of elections" +"4. Registration of political parties" +"5. Conduct of elections" +"6. Free supply of certain material to candidates of recognised" +"political parties" +"7. Disputes regarding elections" +"8. Corrupt practices and electoral offences" +"9. Powers of Election Commission in connection with inquiries" +"as to disqualifications of members." +"10. Bye-elections and time limit for filling vacancies." +"11. Miscellaneous provisions relating to elections." +"12. Barring the jurisdiction of civil courts." +"The conduct of elections include the following matters:" +"(a) Nomination of candidates" +"(b) Candidates and their agents" +"(c) General procedure at elections" +" (d) The poll" +"(e) Counting of votes" +"(f) Multiple elections" +"(g) Publication of election results and nominations" +"(h) Declaration of assets and liabilities" +"(i) Election expenses" +"The provisions of the Act with respect to disputes regarding" +"elections are related to the following matters:" +"(i) Presentation of election petitions to High Court" +"(ii) Trial of election petitions" +"(iii) Withdrawal and abatement of election petitions" +"(iv) Appeals to Supreme Court" +"(v) Costs and security for costs" +" DELIMITATION ACT, 2002" +"" +"Articles 82 and 170 of the Constitution of India provide for" +"readjustment and the division of each State into territorial" +"constituencies (Parliamentary constituencies and Assembly" +"constituencies) on the basis of the 2001 census by such authority" +"and in such manner as Parliament may, by law, determine." +"Further, Articles 330 and 332 of the Constitution of India" +"provide for re-fixing the number of seats reserved for the" +"Scheduled Castes and the Scheduled Tribes in the House of the" +"People and Legislative Assemblies of the States on the basis of" +"the 2001 census." +"The present delimitation of Parliamentary and Assembly" +"constituencies is based on the 1971 census. The uneven growth" +"of population in different constituencies in different parts of the" +"country as well as within the same State as also continuous" +"migration of people / electorate from one place to other especially" +"from rural areas to urban areas have resulted in strikingly differing" +"sizes of electoral constituencies even within the same State." +"Therefore, the Delimitation Act, 20021 , was enacted to set up a" +"Delimitation Commission for the purpose of effecting delimitation" +"on the basis of the 2001 census so as to correct the aforesaid" +"distortion in the sizes of electoral constituencies. The proposed" +"Delimitation Commission would also re-fix the number of seats for" +"the Scheduled Castes and the Scheduled Tribes on the basis of" +"the 2001 census, without affecting total number of seats based on" +"the 1971 census." +"The Act sought to lay down certain guidelines as to the manner" +"in which such delimitation would be undertaken. In the Act, the" +"new Delimitation Commission was given the task of carrying out" +"delimitation of Parliamentary and Assembly constituencies. It had" +"been specifically provided that the Delimitation Commission shall" +"endeavour to complete the work within a period not later than July" +"31, 2008.2" +"The proposed delimitation would apply to every general" +"election to the House of the People or to a State Legislative" +"Assembly held after the final orders of the Commission are" +" published and to every bye-election arising from such general" +"election3 ." +" OTHER ACTS RELATING TO ELECTIONS" +"" +"1. Parliament (Prevention of Disqualification) Act, 19594" +"declares that certain offices of profit under the Government" +"shall not disqualify the holders thereof for being chosen as" +"(or for being) members of Parliament." +"2. Scheduled Castes and Scheduled Tribes Orders" +"(Amendment) Act, 1976 provides for the inclusion in, and the" +"exclusion from, the lists of Scheduled Castes and Scheduled" +"Tribes, of certain castes and tribes, for the readjustment of" +"representation of parliamentary and assembly" +"constituencies." +"3. Government of Union Territories Act, 1963." +"4. Government of National Capital Territory of Delhi Act, 1991." +"5. Presidential and Vice-Presidential Elections Act, 19525" +"regulates certain matters relating to or connected with" +"elections to the offices of the President and Vice-President" +"of India." +" RULES RELATING TO ELECTIONS" +"" +"1. Registration of electors Rules, 19606 provide for the" +"preparation and publication of electoral rolls." +"2. Conduct of Elections Rules, 19617 facilitates conduct of fair" +"and free elections to the Parliament and State Legislatures." +"3. Prohibition of Simultaneous Membership Rules, 1950." +"4. Members of Lok Sabha (Disqualification on Ground of" +"Defection) Rules, 1985." +"5. Members of Rajya Sabha (Disqualification on Ground of" +"Defection) Rules, 1985." +"6. Presidential and Vice-Presidential Elections Rules, 1974.8" +"7. Members of Lok Sabha (Declaration of Assets and" +"Liabilities) Rules, 2004." +"8. Members of Rajya Sabha (Declaration of Assets and" +"Liabilities) Rules, 2004." +" ORDERS RELATING TO ELECTIONS" +"" +"1. Election Symbols (Reservation and Allotment) Order, 1968" +"provides for the specification, reservation, choice and" +"allotment of symbols at elections in parliamentary and" +"assembly constituencies, for the recognition of political" +"parties in relation thereto." +"2. Registration of Political Parties (Furnishing of Additional" +"Particulars) Order, 1992 provides for furnishing of additional" +"particulars by associations or bodies of individual citizens of" +"India seeking registration as a political party with the" +"Election Commission of India." +"" +"" +"NOTES AND REFERENCES" +"1. The Delimitation Act (2002) was amended in 2003," +"2008 and 2016." +"2. Originally, the Act provided for a period of two years." +"3. Earlier, the Delimitation Acts were enacted in 1952," +"1962 and 1972." +"4. This Act repealed the three earlier Acts, namely, the" +"Parliament (Prevention of Disqualification) Act, 1950;" +"the Parliament (Prevention of Disqualification Act, 1951;" +"and the Prevention of Disqualification (Parliament and" +"Part C States Legislatures) Act, 1953." +"5. This Act was amended in 1974, 1977 and 1997." +"6. Earlier, the Rules in this regard were made in 1950 and" +"1956. Both the earlier Rules were known by the same" +"nomenclature i.e., the Representation of the People" +"(Preparation of Electoral Rolls) Rules." +"7. Earlier, the Rules in this regard were made in 1951 and" +"1956. Both the earlier Rules were known by the same" +"nomenclature i.e., the Representation of the People" +"(Conduct of Elections and Election Petitions) Rules." +"8. These Rules repealed the earlier Presidential and Vice-" +"Presidential Elections Rules, 1952." +" 73 Electoral Reforms" +"" +"" +"COMMITTEES RELATED TO ELECTORAL REFORMS" +"The various committees and commissions which have examined" +"our electoral system, election machinery as well as election" +"process and suggested reforms are mentioned here." +"1. Joint Parliamentary Committee on Amendments to Election" +"Laws (1971–72)." +"2. Tarkunde Committee was appointed in 1974 by Jaya" +"Prakash Narayan (JP) during his “Total Revolution”" +"movement. This unofficial committee submitted its report in" +"1975" +"3. Dinesh Goswami Committee on Electoral Reforms (1990)1" +"4. Vohra Committee on the Nexus between Crime and Politics" +"(1993)" +"5. Election Commission of India Recommendations on" +"Electoral Reforms (1998)." +"6. Indrajit Gupta Committee on State Funding of Elections" +"(1998)2" +"7. Law Commission of India 170th Report on Reform of the" +"Electoral Laws (1999)" +"8. National Commission to Review the Working of the" +"Constitution (2000–2002)3. It was headed by M.N." +"Venkatachaliah." +"9. Election Commission of India Report on Proposed Electoral" +"Reforms (2004)." +"10. Second Administrative Reforms Commission of India Report" +"on Ethics in Governance (2007). It was headed by Veerappa" +"Moily." +"11. Tankha Committee (Core Committee) was appointed in 2010" +"to look into the whole gamut of the election laws and" +"electoral reforms." +" 12. J.S. Verma Committee Report on Amendments to Criminal" +"Law (2013)." +"13. Law Commission of India 244th Report on Electoral" +"Disqualifications (2014)." +"14. Law Commission of India 255th Report on Electoral Reforms" +"(2015)." +"Based on the recommendations made by the above" +"Committees and Commissions, various reforms have been" +"introduced in our electoral system, election machinery and" +"election process. These can be studied under the following four" +"heads." +"• Electoral reforms before 1996" +"• Electoral reforms of 1996" +"• Electoral reforms after 1996" +"• Electoral reforms since 2010" +" ELECTORAL REFORMS BEFORE 1996" +"" +"Lowering of Voting Age" +"The 61st Constitutional Amendment Act of 19884 reduced the" +"voting age from 21 years to 18 years for the Lok Sabha as well as" +"the assembly elections. This was done in order to provide to the" +"unrepresented youth of the country an opportunity to express their" +"feelings and help them become a part of political process." +"" +"Deputation to Election Commission" +"In 19885 , a provision was made that the officers and the staff" +"engaged in preparation, revision and correction of electoral rolls" +"for elections are deemed to be on deputation to the Election" +"Commission for the period of such employment. These personnel," +"during that period, would be under the control, superintendence" +"and discipline of the Election Commission." +"" +"Increase in Number of Proposers" +"In 19886 , the number of electors who are required to sign as" +"proposers in nomination papers for elections to the Rajya Sabha" +"and state legislative council has been increased to 10 per cent of" +"the electors of the constituency or ten such electors, whichever is" +"less. This was done in order to prevent non-serious candidates" +"from contesting frivolously." +"" +"Electronic Voting Machines" +"In 19897 , a provision was made to facilitate the use of Electronic" +"Voting Machines (EVMs) in elections. The EVMs were used for" +"the first time in 1998 on experimental basis in selected" +"constituencies in the elections to the Assemblies of Rajasthan," +"Madhya Pradesh and Delhi. The EVMs were used for the first time" +"in the general elections (entire state) to the Assembly of Goa in" +"1999" +"" +"Booth Capturing" +"In 19898 , a provision was made for adjournment of poll or" +"countermanding of elections in case of booth capturing. Booth" +" capturing includes: (i) seizure of a polling station and making" +"polling authorities surrender ballot papers or voting machines (ii)" +"taking possession of polling station and allowing only one’s own" +"supporters to exercise their franchise (iii) threatening and" +"preventing any elector from going to polling station and (iv)" +"seizure of the place being used for counting of votes." +"" +"Elector’s Photo Identity Card (EPIC)" +"The use of electors’ photo identity cards by the Election" +"Commission is surely making the electoral process simple," +"smoother and quicker. A decision was taken by the Election" +"Commission in 1993 to issue photo identity cards to electors" +"throughout the country to check bogus voting and impersonation" +"of electors at elections. The electoral roll is the basis for issue of" +"EPICs to the registered electors. The electoral rolls are normally" +"revised every year with 1st January of the year as the qualifying" +"date. Every Indian citizen who attain the age of 18 years or above" +"as on that date is eligible for inclusion in the electoral roll and can" +"apply for the same. Once he is registered in the roll, he would be" +"eligible for getting an EPIC. The scheme of issuing the EPICs is," +"therefore, a continuous and ongoing process for the completion of" +"which no time limit can be fixed as the registration of electors is a" +"continuous and ongoing process (excepting for a brief period" +"between the last date for filing nomination and completion of" +"electoral process) on account of more number of persons" +"becoming eligible for the right of franchise on attaining the age of" +"18. It is the continuous effort of the Election Commission to" +"provide the EPICs to the electors who have been left out in the" +"previous campaigns as well as the new electors.8a" +" ELECTORAL REFORMS OF 1996" +"" +"In 1990, the National Front Government headed by V.P. Singh" +"appointed a committee on electoral reforms under the" +"chairmanship of Dinesh Goswami, the then Law Minister. The" +"Committee was asked to study the electoral system in detail and" +"suggest measures for remedying the drawbacks within it. The" +"Committee, in its report submitted in 1990 itself, made a number" +"of proposals on electoral reforms. Some of these" +"recommendations were implemented in 19969. These are" +"explained here." +"" +"Listing of Names of Candidates" +"The candidates contesting elections are to be classified into three" +"categories for the purpose of listing of their names. They are" +"(i) Candidates of recognised political parties" +"(ii) Candidates of registered-unrecognised political parties" +"(iii) Other (independent) candidates" +"Their names in the list of contesting candidates and in the ballot" +"papers has to appear separately in the above order and in each" +"category these have to be arranged in the alphabetical order." +"" +"Disqualification for Insulting the National Honour Act" +"A person who is convicted for the following offences under the" +"Prevention of Insults to National Honour Act of 1971 is disqualified" +"to contest in the elections to the Parliament and state legislature" +"for 6 years." +"(i) Offence of insulting the National Flag" +"(ii) Offence of insulting the Constitution of India" +"(iii) Offence of preventing the singing of National Anthem" +"" +"Prohibition on the Sale of Liquor" +"No liquor or other intoxicants are to be sold or given or distributed" +"at any shop, eating place, hotel or any other place whether public" +"or private within a polling area during the period of 48 hours" +"ending with the hour fixed for the conclusion of poll. Any person" +"who violates this rule is to be punished with imprisonment up to 6" +"months or with fine up to ₹2,000 or with both." +" Number of Proposers" +"The nomination of a candidate in a Parliamentary or assembly" +"constituency should be subscribed by 10 registered electors of the" +"constituency as proposers, if the candidate is not sponsored by a" +"recognised political party. In the case of a candidate sponsored by" +"a recognised political party, only one proposer is required. This" +"was done in order to discourage non-serious people from" +"contesting the elections." +"" +"Death of a Candidate" +"Earlier, in case of death of a contesting candidate before the" +"actual polling, the election used to be countermanded." +"Consequently, the election process had to start all over again in" +"the concerned constituency. But now, the election would not be" +"countermanded on the death of a contesting candidate before the" +"actual polling. However, if the deceased candidate belonged to a" +"recognised political party, the party concerned would be given an" +"option to propose another candidate within seven days." +"" +"Time Limit for By-Elections" +"Now, by-elections are to be held within six months of occurrence" +"of the vacancy in any House of Parliament or a state legislature." +"But, this condition is not applicable in two cases:" +"(i) Where the remainder of the term of the member whose" +"vacancy is to be filled is less than one year; or" +"(ii) When the Election Commission in consultation with the" +"Central Government, certifies that it is difficult to hold the by-" +"elections within the said period." +"" +"Holiday to Employees on the Polling Day" +"The registered voters employed in any trade, business, industry or" +"any other establishment are entitled to a paid holiday on the" +"polling day. This rule applies even to the daily wagers. Any" +"employer who violates this rule is to be punished with a fine up to" +"₹500. However, this rule is not applicable in the case of a voter" +"whose absence may cause danger or substantial loss in respect" +"of the employment in which he is engaged." +"" +"Contestants Restricted to Two Constituencies" +" A candidate would not be eligible to contest from more than two" +"Parliamentary or assembly constituencies at a general election or" +"at the by-elections which are held simultaneously. Similar" +"restrictions are imposed for biennial elections and by-elections to" +"the Rajya Sabha and the state legislative councils." +"" +"Prohibition of Arms" +"Entering into the neighbourhood of a polling station with any kind" +"of arms10 is to be considered a cognizable offence. Such an act is" +"punishable with imprisonment of up to two years or with fine or" +"with both. Further, the arms found in possession of the offender" +"are to be confiscated and the related licence is to be cancelled." +"But, these provisions are not applicable to the returning officer," +"presiding officer, any police officer or any other person appointed" +"to maintain peace and order at the polling station." +"" +"Effective Campaigning Period Reduced" +"The minimum gap between the last date for withdrawal of" +"candidature and the polling date has been reduced from 20 to 14" +"days." +" ELECTORAL REFORMS AFTER 1996" +"" +"Presidential and Vice Presidential Elections" +"In 199711 , the number of electors as proposers and seconders for" +"contesting election to the office of the President was increased" +"from 10 to 50 and to the office of the Vice President from 5 to 20." +"Further, the amount of security deposit was increased from ₹2,500" +"to ₹15,000 for contesting election to both the offices of President" +"and Vice-President to discourage frivolous candidates." +"" +"Requisitioning of Staff for Election Duty" +"In 199812 , a provision was made whereby the employees of local" +"authorities, nationalised banks, universities, LIC, government" +"undertakings and other government-aided institutions can be" +"requisitioned for deployment on election duty." +"" +"Voting through Postal Ballot" +"In 199913 , a provision was made for voting by certain classes of" +"persons through postal ballot. Thus, any class of persons can be" +"notified by the Election Commission, in consultation with the" +"government, and the persons belonging to such notified class can" +"give their votes by postal ballot, and not in any other manner, at" +"elections in their constituency or constituencies." +"" +"Facility to Opt to Vote Through Proxy" +"In 200314 , the facility to opt to vote through proxy was provided to" +"the service voters belonging to the Armed Forces and members" +"belonging to a Force to which provisions of the Army Act apply." +"Such service voters who opt to vote through proxy have to appoint" +"a proxy in a prescribed format and intimate the Returning Officer" +"of the constituency." +"" +"Declaration of Criminal Antecedents, Assets, etc., by" +"Candidates" +"In 2003, the election Commission issued an order15 directing" +"every candidate seeking election to the Parliament or a State" +" Legislature to furnish on his nomination paper the information on" +"the following matters." +"(i) Whether the candidate has been convicted or acquitted or" +"discharged in any criminal offence in the past? Whether" +"he/she was imprisoned or fined?" +"(ii) Prior to six months of filing nomination, whether the candidate" +"is accused in any pending case, of any offence punishable" +"with imprisonment for two years or more, and in which" +"charges were framed or cognizance was taken by a court; if" +"so, the details thereof" +"(iii) The assets (immovable, movable, bank balances, etc.) of a" +"candidate and his/ her spouse and that of dependents" +"(iv) Liabilities, if any, particularly whether there are any dues of" +"any public financial institution or government dues" +"(v) The educational qualifications of the candidate" +"Furnishing of any false information in the affidavit is now an" +"electoral offence punishable with imprisonment upto six months or" +"fine or both." +"" +"Changes in Rajya Sabha Elections:" +"In 2003, the following two changes were introduced with respect" +"to elections to the Rajya Sabha16 :" +"(i) Domicile or residency requirement of a candidate contesting" +"an election to the Rajya Sabha was removed. Prior to this, a" +"candidate had to be an elector in the state from where he was" +"to be elected. Now, it would be sufficient if he is an elector in" +"any parliamentary constituency in the country." +"(ii) Introducing open ballot system, instead of secret ballot" +"system, for elections to the Rajya Sabha. This was done to" +"curb cross-voting and to wipe out the role of money power" +"during Rajya Sabha elections. Under the new system, an" +"elector belonging to a political party has to show the ballot" +"paper after marking his vote to a nominated agent of that" +"political party." +"" +"Exemption of Travelling Expenditure" +"As per a provision of 200317 , the traveling expenditure incurred" +"by the campaigning leaders of a political party shall be exempted" +" from being included in the election expenses of the candidate." +"" +"Free Supply of Electoral Rolls, etc." +"According to a 2003 provision18 , the Government should supply," +"free of cost, the copies of the electoral rolls and other prescribed" +"material to the candidates of recognised political parties for the" +"Lok Sabha and Assembly elections. Further, the Election" +"Commission should supply specified items to the voters in the" +"constituencies concerned or to the candidates set up by the" +"recognised political parties." +"" +"Parties Entitled to Accept Contribution" +"In 200319 , the political parties were entitled to accept any amount" +"of contribution from any person or company other than a" +"government company. They have to report any contribution in" +"excess of ₹20,000 to the Election Commission for making any" +"claim to any income tax relief. Besides, the companies would get" +"income tax exemption on the amount contributed." +"" +"Allocation of Time on Electronic Media" +"Under a 2003 provision20 , the Election Commission should" +"allocate equitable sharing of time on the cable television network" +"and other electronic media during elections to display or" +"propagate any matter or to address public. This allocation would" +"be decided on the basis of the past performance of a recognised" +"political party." +"" +"Introduction of Braille Signage Features in EVMs" +"The Commission received representations from the various" +"associations of visually impaired persons for introduction of Braille" +"signage features in the EVMs to facilitate the visually impaired" +"voters to cast their votes without the help of attendant. The" +"Commission considered the proposal in detail and tried the Braille" +"signage feature in the EVMs during the bye-election to the" +"Asifnagar Assembly Constituency of Andhra Pradesh held in" +"2004. In 2005, it was tried in one of the constituency during the" +"Assembly elections of Bihar, Jharkhand and Haryana. In 2006, it" +"was tried in one of the constituency of the States of Assam, West" +"Bengal, Tamil Nadu, Puducherry and Kerala during Assembly" +" elections. In 2008, it was tried in all the assembly constituencies" +"of NCT of Delhi during Assembly elections." +"The Commission introduced similar Braille signage features on" +"the Electronic Voting Machines during the General Elections to the" +"Fifteenth Lok Sabha (2009) and simultaneous Assembly elections" +"in some States.20a" +" ELECTORAL REFORMS SINCE 2010" +"" +"Restrictions Imposed on Exit Polls" +"According to a 2009 provision21 , conducting exit polls and" +"publishing results of exist polls would be prohibited during the" +"election to Lok Sabha and State Legislative Assemblies. Thus, no" +"person shall conduct any exit poll and publish or publicise by" +"means of the print or electronic media or disseminate in any other" +"manner, the result of any exit poll during the period notified by the" +"Election Commission in this regard. Further, any person who" +"contravenes this provision shall be punishable with imprisonment" +"of upto two years or with fine or with both." +"“Exit-poll” is an opinion survey regarding how electors have" +"voted at an election or how all the electors have performed with" +"regard to the identification of a political party or candidate in an" +"election." +"" +"Time-Limit for Submitting a Case for Disqualification" +"In 200922 , a provision was made for the simplification of the" +"procedure for disqualification of a person found guilty of corrupt" +"practices. It provided for a three-month time-limit within which the" +"specified authority will have to submit the case of a person found" +"guilty of corrupt practice to the President for determination of the" +"question of disqualification." +"" +"All Officials Included in Corrupt Practice" +"In 200923 , a provision was made for the inclusion of all officials," +"whether in the government service or not, appointed or deputed" +"by the Election Commission in connection with the conduct of" +"elections, within the scope of corrupt practice of obtaining any" +"assistance by a candidate for the furtherance of the prospects of" +"his election." +"" +"Increase in Security Deposit" +"In 200924 , the amount of security deposit to be paid by the" +"candidates contesting elections to the Lok Sabha was increased" +"from ₹10,000 to ₹25,000 for the general candidates and from" +" ₹5,000 to ₹12,500 for SC and ST candidates. Similarly, the" +"security deposit in the case of elections to the state legislative" +"assembly was increased from ₹5,000 to ₹10,000 for the general" +"candidates and from ₹2,500 to ₹5,000 for the SC and ST" +"candidates. This was done in order to check the multiplicity of" +"non-serious candidates." +"" +"Appellate Authority within the District" +"In 200925 , a provision was made for appointment of an appellate" +"authority within the district against the orders of the Electoral" +"Registration Officers, instead of the Chief Electoral Officer of the" +"state. Thus, an appeal against any order of the Electoral" +"Registration Officer of a constituency (during continuous updation" +"of the electoral roll) will now lie before the District Magistrate or" +"Additional District Magistrate or Executive Magistrate or District" +"Collector or an officer of equivalent rank. A further appeal against" +"any order of the District Magistrate or Additional District" +"Magistrate will now lie before the Chief Electoral Officer of the" +"state." +"" +"Voting Rights to Citizens of India Living Abroad" +"In 201026 , a provision was made to confer voting rights to the" +"citizens of India residing outside India due to various reasons." +"Accordingly, every citizen of India - (a) whose name is not" +"included in the electoral roll (b) who has not acquired the" +"citizenship of any other country (c) who is absent from his place of" +"ordinary residence in India owing to his employment, education or" +"otherwise outside India (whether temporarily or not) - shall be" +"entitled to have his name registered in the electoral roll in the" +"Parliamentary / Assembly constituency in which his place of" +"residence in India as mentioned in his passport is located." +"" +"Online Enrolment in the Electoral Roll" +"In 2013, a provision was made for online filing of applications for" +"enrolment in the electoral roll. For this purpose, the Central" +"Government, after consulting the Election Commission, made the" +"rules known as the Registration of the Electors (Amendment)" +"Rules, 2013.27 These rules made certain amendments in the" +"Registration of Electors Rules, 1960." +" Introduction of NOTA Option" +"According to the directions of Supreme Court, the Election" +"Commission made provision in the ballot papers / EVMs for None" +"of the Above (NOTA) option so that the voters who come to the" +"polling booth and decide not to vote for any of the candidates in" +"the fray, are able to exercise their right not to vote for such" +"candidates while maintaining the secrecy of their ballot. The" +"provision for NOTA has been made since General Election to" +"State Legislative Assemblies of Chhattisgarh, Madhya Pradesh," +"Mizoram, NCT of Delhi and Rajasthan in 2013 and continued in" +"the General Election to State Legislative Assemblies of Andhra" +"Pradesh, Arunachal Pradesh, Odisha and Sikkim in 2014 along" +"with the General Elections to the Sixteenth Lok Sabha (2014).28" +"The voters polled against the NOTA option are not taken into" +"account for calculating the total valid voters polled by the" +"contesting candidates for the purpose of return of security" +"deposits to candidates. Even if the number of electors opting for" +"NOTA options is more than the number of votes polled by any of" +"the candidates, the candidate who secures the largest number of" +"votes has to be declared elected.29" +"In 2001, the ECI had sent a proposal to the Government to" +"amend the law so as to provide for a neutral vote provision for the" +"electors who did not wish to vote for any of the candidates. In" +"2004, PUCL (People’s Union for Civil Liberties) filed a petition" +"seeking a direction to provide the necessary provision in ballot" +"papers and EVMs for protection of the right to not vote for any" +"candidate, secretly. The Supreme Court in 2013 held that the ECI" +"may provide for the None of the Above (NOTA) option on EVMs" +"and ballot papers.30" +"" +"Introduction of VVPAT" +"The Voter Verifiable Paper Audit Trail is an independent system" +"attached with the EVMs that allows the voters to verify that their" +"votes are cast as intended. When a vote is cast, a slip is printed" +"and remains exposed through a transparent window for seven" +"seconds, showing the serial number, name and symbol of the" +"candidate. Thereafter, the receipt automatically gets cut and falls" +"into the sealed dropbox of the VVPAT. The system allows a voter" +" to challenge his/her vote on the basis of the paper receipt. As per" +"rules, the Presiding Officer of the polling booth will have to record" +"the dissent of the voter, which would have to be taken into" +"account at the time of counting, if the challenge is found to be" +"false.31" +"The law for using VVPATs was amended in 2013. In 2013, the" +"Supreme Court of India had permitted the ECI to introduce VVPAT" +"in a phased manner, calling it ‘an indispensable requirement of" +"free and fair elections’. The Court had felt that introducing VVPAT" +"would ensure the accuracy of the voting system and also help in" +"manual counting of votes in case of dispute. VVPATs were first" +"used in byeelection to the Noksen Assembly Constituency of" +"Nagaland held in 2013. Thereafter, VVPATs have been used in" +"selected constituencies during every General Election to State" +"Legislative Assemblies. VVPATs were used in eight selected" +"Parliamentary Constituencies in the country in the 2014 Lok" +"Sabha Election. EVMs with VVPAT ensure the accuracy and" +"transparency of the voting system.32" +"" +"Persons in Jail or Police Custody Can Contest Elections" +"In 2013,33 the Supreme Court upheld an order of the Patna High" +"Court declaring that a person who has no right to vote by reason" +"of being in jail or in police custody, is not an elector and is," +"therefore, not qualified to contest the elections to the Parliament" +"or the State Legislature. In order to negate this order of the" +"Supreme Court, the following two new provisions34 have been" +"included in the Representation of the People Act, 1951:" +"(i) The first provision expressly provides that by reason of the" +"prohibition to vote (either due to in jail or in police custody), a" +"person whose name has been entered in the electoral roll" +"shall not cease to be an elector." +"(ii) The second provision expressly provides that a Member of" +"Parliament or the State Legislature shall be disqualified only if" +"he is so disqualified under the provisions contained in the Act" +"and on no other ground." +"Consequently, the persons in jail or in police custody are" +"allowed to contest the elections." +" Immediate Disqualification of Convicted MPs and MLAs" +"In 2013,35 the Supreme Court held that chargesheeted Members" +"of Parliament and MLAs, on conviction for offences, will be" +"immediately disqualified from holding membership of the House" +"without being given three months’ time for appeal, as was the" +"case before." +"The concerned Bench of the Court struck down as" +"unconstitutional Section 8 (4) of the Representation of the People" +"Act (1951) that allows convicted lawmakers a three-month period" +"for filing appeal to the higher court and to get a stay of the" +"conviction and sentence. The Bench, however, made it clear that" +"the ruling will be prospective and those who had already filed" +"appeals in various High Courts or the Supreme Court against their" +"convictions would be exempt from it." +"The Bench said: “A reading of the two provisions in Articles 102" +"and 191 of the Constitution would make it abundantly clear that" +"Parliament is to make one law for a person to be disqualified for" +"being chosen as, and for being, a Member of either House of" +"Parliament or Legislative Assembly or Legislative Council of the" +"State. Parliament thus does not have the power under Articles" +"102 and 191 of the Constitution to make different laws for a" +"person to be disqualified for being chosen as a member and for a" +"person to be disqualified for continuing as a Member of" +"Parliament or the State Legislature.”" +"The Bench said: “Section 8 (4) of the Act which carves out a" +"saving in the case of sitting members of Parliament or State" +"Legislature from the disqualifications under the Act or which" +"defers the date on which the disqualification will take effect in the" +"case of a sitting member of Parliament or a State Legislature is" +"beyond the powers conferred on Parliament by the Constitution.”" +"The Bench held: “Looking at the affirmative terms of Articles" +"102 and 191 of the Constitution, we hold that Parliament has been" +"vested with the powers to make law laying down the same" +"disqualifications for person to be chosen as a member of" +"Parliament or a State Legislature and for a sitting member of a" +"House of Parliament or a House of a State Legislature. We also" +"hold that the provisions of Article 101 and 190 of the Constitution" +"expressly prohibit Parliament to defer the date from which the" +" disqualification will come into effect in case of a sitting member of" +"Parliament or a State Legislature. Parliament, therefore, has" +"exceeded its powers conferred by the Constitution in enacting" +"sub-section (4) of Section 8 of the Act and accordingly sub-section" +"(4) of Section 8 of the Act is ultra vires the Constitution36 .”" +"In order to nullify the above ruling of the Supreme Court, the" +"Representation of the People (Second Amendment and" +"Validation) Bill, 2013 was introduced in the Parliament. However," +"the Bill was later withdrawn by the Government." +"" +"Ceiling on Election Expenditure" +"Increased In 201437 , the Central Government raised the" +"maximum ceiling on election expenditure by candidates for a Lok" +"Sabha seat in bigger states to ₹70 lakhs (from earlier ₹40 lakhs)." +"In other states and union territories, it is ₹54 lakhs (from earlier" +"₹16–40 lakhs)." +"Similarly, the limit for an Assembly seat in the bigger states was" +"increased to ₹28 lakhs (from earlier ₹16 lakhs). In other states" +"and union territories, it is 20 lakhs (from earlier ₹8–16 lakhs)." +"The State-wise limits are mentioned in Table 73.1 at the end of" +"this chapter." +"" +"Photos of Candidates on EVMs and Ballot Papers" +"According to an Election Commission order, in any election being" +"held after May 1, 2015, the ballot papers and EVMs will carry the" +"picture of the candidate with his or her name and party symbol to" +"avoid confusion among the electorates in constituencies where" +"namesakes are contesting." +"The June 2015 by polls to six seats in five states were the first" +"elections where photographs of candidates were used on ballot" +"papers." +"The Commission has noted that there are many cases where" +"candidates with same or similar names contest from the same" +"constituency. Although appropriate suffixes are added to the" +"names of candidates in the event of two or more candidates" +"having same name, the Commission considers that additional" +"measures are required for removing confusion in the minds of" +"electors at the time of voting." +" The photograph will appear between the name of the candidate" +"and his or her election symbol." +"The Commission explained that if a candidate fails to provide" +"the photograph, it “shall not be a ground for the rejection of the" +"nomination of the candidate”." +"The candidates will now be required to submit their recent" +"photograph, either black and white or coloured, to the election" +"authorities at the time of filing nomination. No uniforms would be" +"allowed and caps and dark glasses have to be avoided.38" +"" +"Ceiling on Cash Donations Lowered:" +"In 2017 budget, the limit for anonymous cash donations by any" +"individual to a political party has been lowered from ₹20,000 to" +"₹2,000. This means that now the political parties cannot receive" +"more than ₹2,000 as cash donations. However, they are not" +"required to inform the Election Commission of India the details of" +"persons who donate under ₹2,000. They must keep records of" +"persons making above ₹2,000 donations." +"" +"Cap on Corporate Contributions Lifted:" +"In 2017 budget, the limit on corporate contributions from 7.5 per" +"cent of the net profit of a company’s past three financial years has" +"been removed. This means that now a company can donate any" +"amount of money to any political party. Further, the obligation of" +"the company to report such donations in its profit and loss account" +"has also been lifted." +"" +"Introduction of Electoral Bonds:" +"In 2018, the central government notified the Electoral Bond" +"Scheme. This scheme was announced in the 2017 budget. It is" +"touted as an alternative to cash donations made to the political" +"parties. It is aimed at bringing clean money and substantial" +"transparency into the system of political funding. The salient" +"features of the scheme are:" +"(i) The electoral bond means a bond issued in the nature of" +"promissory note which is a bearer banking instrument and" +"does not carry the name of the buyer or payee." +"(ii) The electoral bonds may be purchased by a citizen of India or" +"entities incorporated or established in India." +" (iii) The electoral bonds can be used for making donations to only" +"those registered political parties which have secured not less" +"than one per cent of the votes polled in the last general" +"election to the Lok Sabha or the State legislative Assembly." +"(iv) The electoral bonds can be encashed by an eligible political" +"party only through a bank account with the authorized bank." +"(v) The electoral bonds are issued in the denomination of ₹1,000," +"₹10,000, ₹1,00,000, ₹10,00,000 and ₹1,00,00,000." +"(vi) The information furnished by the buyer is treated confidential" +"by the authorized bank and is not to be disclosed to any" +"authority for any purposes, except when demanded by a" +"competent court or upon registration of criminal case by any" +"law enforcement agency." +"" +"Foreign Funding Allowed:" +"In 2018 budget, the receiving of foreign funds by the political" +"parties has been allowed. In other words, the political parties can" +"now receive funds from the foreign companies. Accordingly, the" +"Foreign Contribution (Regulation) Act, 2010, has been amended." +"Under this amendment, the definition of a foreign company has" +"been modified." +"" +"Table 73.1 Limit on Election Expenditure (As declared in 2014)" +"Sl. Name of State Maximum limit of election expenses" +"No. or Union in any one" +"territory" +"Parliamentary Assembly" +"constituency constituency" +"I. STATES ₹ ₹" +"1 Andhra Pradesh 70,00,000 28,00,000" +"2 Arunachal 54,00,000 20,00,000" +"Pradesh" +"3 Assam 70,00,000 28,00,000" +"4 Bihar 70,00,000 28,00,000" +"5 Goa 54,00,000 20,00,000" +" 6 Gujarat 70,00,000 28,00,000" +"7 Haryana 70,00,000 28,00,000" +"8 Himachal 70,00,000 28,00,000" +"Pradesh" +"9 Jammu and 70,00,000 –" +"Kashmir" +"10 Karnataka 70,00,000 28,00,000" +"11 Kerala 70,00,000 28,00,000" +"12 Madhya 70,00,000 28,00,000" +"Pradesh" +"13 Maharashtra 70,00,000 28,00,000" +"14 Manipur 70,00,000 20,00,000" +"15 Meghalaya 70,00,000 20,00,000" +"16 Mizoram 70,00,000 20,00,000" +"17 Nagaland 70,00,000 20,00,000" +"18 Odisha 70,00,000 28,00,000" +"19 Punjab 70,00,000 28,00,000" +"20 Rajasthan 70,00,000 28,00,000" +"21 Sikkim 54,00,000 20,00,000" +"22 Tamil Nadu 70,00,000 28,00,000" +"23 Tripura 70,00,000 20,00,000" +"24 Uttar Pradesh 70,00,000 28,00,000" +"25 West Bengal 70,00,000 28,00,000" +"26 Chhattisgarh 70,00,000 28,00,000" +"27 Uttarakhand 70,00,000 28,00,000" +"28 Jharkhand 70,00,000 28,00,000" +"29 Telangana 70,00,000 28,00,000" +"II. UNION" +"TERRITORIES" +"1 Andaman and 54,00,000 –" +" Nicobar Islands" +"2 Chandigarh 54,00,000 –" +"3 Dadra and 54,00,000 –" +"Nagar Haveli" +"4 Daman and Diu 54,00,000 –" +"5 Delhi 70,00,000 28,00,000" +"6 Lakshadweep 54,00,000 –" +"7 Puducherry 54,00,000 20,00,000" +"" +"" +"NOTES AND REFERENCES" +"1. See “Electoral Reforms of 1996”, discussed later in this" +"chapter." +"2. In 1998, the BJP-led Government appointed an eight-" +"member committee on state funding of elections under" +"the chairmanship of Indrajit Gupta, a former Home" +"Minister. The committee submitted its report in 1999. It" +"upheld the argument for introduction of state funding of" +"elections. It stated that state funding of elections is" +"constitutionally and legally justified and is in public" +"interest." +"3. For recommendations of the commission in this regard," +"see Chapter 80." +"4. This came into force on March 28, 1989. Consequently," +"amendments were also made in the Representation of" +"the People Act of 1950 and 1951." +"5. Representation of the People (Amendment) Act of" +"1988" +"6. Ibid." +"7. Amendment to the Representation of the People Act of" +"1951 with effect from March 15, 1989." +"8. Section 58-A has been inserted in the Representation of" +"the People Act of 1951 by Act 1 of 1989." +"8a. Annual Report 2013–14, Ministry of Law and Justice," +"Government of India, p.67." +" 9. Representation of the People (Amendment) Act, 1996," +"with effect from August 1, 1996." +"10. As defined in Arms Act, 1959." +"11. Presidential and Vice-Presidential Elections" +"(Amendment) Act, 1997." +"12. Representation of the People (Amendment) Act, 1998." +"13. Representation of the People (Amendment) Act, 1999." +"14. Election Laws (Amendment) Act, 2003 and Conduct of" +"Elections (Amendment) Rules, 2003." +"15. Order dated March 27, 2003." +"16. Representation of the People (Amendment) Act, 2003." +"17. Election and Other Related Laws (Amendment) Act," +"2003" +"18. Ibid." +"19. Ibid." +"20. Ibid." +"20a. Election Commission of India circular dated 12th" +"February, 2009." +"21. Representation of the People (Amendment) Act, 2009," +"with effect from February 1, 2010." +"22. Ibid." +"23. Ibid." +"24. Ibid." +"25. Ibid." +"26. Representation of the People (Amendment) Act, 2010," +"with effect from February 10, 2011." +"27. The amendment was notified vide S.O. 3242 (E) dated" +"24th October, 2013." +"28. Electoral Statistics : Pocket Book 2015, Election" +"Commission of India, p.96." +"29. Ibid." +"30. India Votes : The General Elections 2014, Election" +"Commission of India, p.18." +"31. Ibid." +"32. Ibid." +"33. Chief Election Commissioner vs. Jan Chaukidar (2013)." +"34. Vide the Representation of the People (Amendment" +"and Validation) Act, 2013." +" 35. Lily Thomas vs. Union of India and Lok Prahari vs." +"Union of India (2013)." +"36. The Hindu, “MPs, MLAs to be disqualified on date of" +"criminal conviction”, July 10, 2013." +"37. Conduct of Election Rules, 1961 as amended in 2014," +"with effect from February 28, 2014." +"38. The Economic Times, “Electronic Voting Machines to" +"carry photos of candidates : CEC”, September 9, 2015." +" 74 Voting Behaviour" +"" +"" +"MEANING OF VOTING BEHAVIOUR" +"" +"Voting behaviour is also known as electoral behaviour. It is a form of" +"political behaviour. It implies the behaviour of voters in the context of" +"elections in a democratic political system." +"Voting behaviour (or the study of voting behaviour) is defined in" +"the following way:" +"Plano and Riggs: “Voting behaviour is a field of study concerned" +"with the ways in which people tend to vote in public elections and the" +"reasons why they vote as they do.”" +"Gordon Marshall: “The study of voting behaviour invariably focuses" +"on the determinants of why people vote as they do and how they" +"arrive at the decisions they make”.1" +"Oinam Kulabidhu: “Voting behaviour may be defined as the" +"behaviour that explicitly reflects voter’s choices, preferences," +"alternatives, ideologies, concerns, agreements, and programmes in" +"respect of various issues, questions pertaining to the society and" +"nation”.2" +"Stephen Wasby: “The study of voting behaviour involves an analysis" +"of individual psychological make-up and their relation to political" +"action as well as institutional patterns, such as the communication" +"process and their impact on elections”.3" +" SIGNIFICANCE OF VOTING BEHAVIOUR" +"" +"Psephology, a branch of political science, deals with the scientific" +"study of voting behaviour. This is a new term popularised by the" +"American political scientists and political sociologists." +"The recorded history of voting goes back, at least, to the Greek" +"Polis. The modern world for the study of voting behaviour," +"psephology, derives from the classical Greek ‘Psephos’, the piece of" +"pottery on which certain votes, mainly about the banishment of those" +"seen as dangerous to the state, were inscribed.4" +"The study of voting behaviour is significant for the following" +"reasons:5" +"1. It helps in comprehending the process of political socialisation." +"2. It helps in examining the internalisation of democracy as a" +"value among the elite as well as masses." +"3. It emphasises the real impact of revolutionary ballot box." +"4. It enables to throw light as to how far the electoral politics" +"continue or break with the past." +"5. It helps to measure whether it is modern or primordial in the" +"context of political development." +"According to N.G.S. Kini, voting behaviour can be regarded as:" +"1. A mode of legitimising democratic rule;" +"2. Instancing “participation” in the political process involving" +"integration into the political community;" +"3. Instancing an act of decision-making;" +"4. A role-action involving definite political orientation imbedded in" +"a particular type of political culture; or" +"5. A direct relation of the individual citizens to the formal" +"government." +" DETERMINANTS OF VOTING BEHAVIOUR" +"" +"Indian society is highly diversified in nature and composition. Hence," +"voting behaviour in India is determined or influenced by multiple" +"factors. These several factors can be divided, into two broad" +"categories, namely, socioeconomic factors and political factors." +"These are explained below:" +"1. Caste: Caste is an important factor influencing the behaviour of" +"voters. Politicisation of caste and casteism in politics has been" +"a remarkable feature of Indian politics. Rajni Kothari said" +"“Indian politics is casteist, and caste is politi-cised”.6 While" +"formulating their election strategies, the political parties always" +"take into account the factor of caste." +"Paul Brass has very-well explained the role of caste factor in" +"the Indian voting behaviour in the following way: “At the local" +"level, in the country side, by far the most important factor in" +"voting behaviour remains caste solidarity. Large and important" +"castes in a constituency tend to back either a respected" +"member of their caste or a political party with whom their caste" +"members identify. However, local factions and local-state" +"factional alignments that involve intercaste coalitions, are also" +"important factors in influencing voting behaviour”.7" +"2. Religion: Religion is another significant factor which influences" +"the electoral behaviour. Political parties indulge in communal" +"propaganda and exploit the religious sentiments of the voters." +"The existence of various communal parties has further added to" +"the politicisation of religion. Despite India being a secular" +"nation, no political party ignores the influence of religion in" +"electoral politics." +"3. Language: Linguistic considerations of the people influence" +"their voting behaviour. During elections, the political parties" +"arouse the linguistic feelings of the people and try to influence" +"their decision-making. The re-organisation of states (in 1956" +"and later) on language basis clearly reflects the significance of" +"language factor in Indian politics. The rise of some political" +"parties like DMK in Tamil Nadu and TDP in Andhra Pradesh" +"can be attributed to the linguism.8" +"4. Region: Regionalism and sub-regionalism play an important" +"role in voting behaviour. These parochial feelings of" +" subnationalism led to the emergence and perpetuation of" +"regional parties in various states. These regional parties appeal" +"to the electorate on the ground of regional identities and" +"regional sentiments. Sometimes, the secessionist parties call" +"for the boycott of elections." +"5. Personality: The charismatic9 personality of the party leader" +"plays an important role in electoral behaviour. Thus, the" +"towering image of Jawaharlal Nehru, Indira Gandhi, Rajiv" +"Gandhi, Jay Prakash Narayan, Atal Bihari Vajpayee and" +"Narendra Modi has significantly influenced the electorate to" +"vote in favour of their parties. Similarly, at the state level also," +"the charismatic personality of the regional party leader has" +"been a significant factor of popular support in the elections." +"6. Money: The role of money factor cannot be overlooked in" +"explaining the voting behaviour. Despite the limitations on the" +"election expenditures, crores of rupees are spent on elections." +"The voters seek money or liquor or goods in return for their" +"votes. In other words, ‘votes’ are freely exchanged for ‘notes’." +"However, money can influence the decisions of the voters only" +"in the normal circumstances and not in a wave election." +"Paul Brass has very-well explained the meaning of a wave" +"election in the following way: “A wave election is one in which a" +"clear tendency begins to develop among the electorate in a" +"single direction and in favour of a national party or its leader. It" +"is based upon an issue or set of issues that transcend local" +"calculations and coalition and draws the bulk of the" +"uncommitted and wavering voters in the same direction as the" +"word spreads from village to village and tea stall to tea stall”.10" +"7. Performance of the Ruling Party: On the eve of elections," +"every political party releases its election manifesto containing" +"the promises made by it to the electorate. The performance of" +"the ruling party is judged by the electorate on the basis of its" +"election manifesto. The defeat of Congress Party in 1977" +"elections and that of Janata Party in 1980 elections illustrates" +"that the performance of the ruling party influences the voting" +"behaviour. Thus, the anti-incumbency factor (which means" +"dissatisfaction with the performance of the ruling party) is a" +"determinant of electoral behaviour." +"8. Party Identification: Personal and emotional association with" +"political parties plays a role in determining voting behaviour." +" People who identify themselves with a particular party will" +"always vote for that party irrespective of its omissions and" +"commissions. Party identification was especially strong in the" +"1950s and 1960s. However, since the 1970s, there has been a" +"decline in the number of strong party identifiers." +"9. Ideology: The political ideology professed by a political party" +"has a bearing on the decision-making of the voters. Some" +"people in the society are committed to certain ideologies like" +"communism, capitalism, democracy, secularism, patriotism," +"decentralisation and so on. Such people generally support the" +"candidates put up by the parties professing those ideologies." +"However, it must be printed out here that the number of such" +"people is low." +"10. Other Factors: In addition to the aboveexplained factors, there" +"are also various other factors which determine the voting" +"behaviour of the Indian electorate. These are mentioned below:" +"(i) Political events preceding an election like war, murder of" +"leader, corruption scandals, etc." +"(ii) Economic conditions at the time of election like inflation, fo" +"shortage, unemployment, etc." +"(iii) Factionalism - a feature of Indian politics from bottom to t" +"levels" +"(iv) Age - old or young" +"(v) Sex - men or women" +"(vi) Education - educated or uneducated" +"(vii) Habitation - rural or urban (viii) Class (income) - rich or poor" +"(ix) Family and kinship" +"(x) Candidate orientation" +"(xi) Election campaign" +"(xii) Political family background" +"(xiii) Role of media" +" ROLE OF MEDIA IN ELECTIONS AND VOTING" +"BEHAVIOUR" +"" +"The following points explain the role of media in elections and voting" +"behaviour:11" +"" +"1. Information Dissemination" +"Information dissemination in relation to elections, particularly during" +"the process of elections is extremely important for all stakeholders." +"Starting from the announcement of elections to nomination, scrutiny," +"campaign, security arrangements, polling, counting, declaration of" +"results, etc., all of these require widest circulation. The voter comes" +"to know about the basics like: what, when, where and how of" +"elections generally through the media. Even last minute changes of" +"polling arrangements, violation of Model Code of Conduct (MCC)," +"and violation of expenditure instructions, any untoward incidents or" +"disturbances promptly come to the notice not only of the people but" +"also of the Election Commission through the media." +"Newspapers and news channels have very enthusiastically made" +"use of the information relating to educational, financial and criminal" +"antecedents of candidates, contained in the affidavit filed by them" +"along with their nomination paper, which is immediately uploaded on" +"the Election Commission’s website. This has contributed to further" +"honesty and transparency in the election system." +"" +"2. Enforcement of MCC and other Laws" +"In today’s democratic and political landscape, the watch-dog role of" +"the media is quite vital. Media can highlight incidents of use of" +"muscle and money power by political parties or candidates and" +"educate the electors on ethical and inducement-free voting practices." +"It can also expose violations of the MCC such as divisive or hate" +"speeches or unverified allegations in campaigns aimed at influencing" +"electors. Violations reported by media are followed up by the Election" +"Commission as in dealing with formal complaints." +"The media can sensitise the political functionaries and the" +"electorate about the MCC and relevant laws and instructions" +"governing the conduct of elections." +" 3. Compliance to Election Laws" +"The Election Commission does not regulate media. It has however," +"the responsibility to enforce the provisions of law or Court directions," +"which might have linkages with media or certain aspects of media" +"functioning. During elections, media is present and active at all" +"stages which would also mean that they too conform to various laws" +"governing the elections. These laws are mentioned below:" +"(i) Section 126 of the Representation of the People Act, 1951: It" +"prohibits displaying any election matter by mean of" +"cinematograph, television or other similar apparatus, during the" +"period of 48 hours ending with the hour fixed for conclusion of" +"poll." +"(ii) Section 126A of the Representation of the People Act, 1951:" +"It prohibits conduct of exit poll and dissemination of their results" +"during the period mentioned therein, i.e., the hour fixed for" +"commencement of polls in the first phase and half hour after the" +"time fixed for close of poll for the last phase in all the States and" +"Union Territories." +"(iii) Section 127A of the Representation of the People Act, 1951:" +"The printing and publication of election pamphlets, posters, etc." +"is governed by its provisions, which make it mandatory to bear" +"on its face the names and addresses of the printer and the" +"publisher." +"(iv) Section 171H of the Indian Penal Code: It prohibits incurring of" +"expenditure on, inter alia, advertisement without the authority of" +"the contesting candidate." +"" +"4. Voter Education and Participation" +"There is scope for a much larger and committed partnership from" +"media in the crucial area of voter awareness and participation. This is" +"one of the most promising areas of the Election Commission-media" +"relationship." +"There is a gap between what the voters ‘should know’ and what" +"they ‘actually know’ in important areas like registration, EPIC/ identity" +"proofs, Polling Station location, use of EVMs, timings of the poll, use" +"of money/ muscle power by candidates etc. The elector should be" +"well-informed when he/she goes to exercise his/ her franchise on the" +"day of the polls." +" Voter education helps build an environment where values of" +"democracy are understood and acted upon by the population. Media" +"and civil society have an important role to play in fostering such an" +"environment. To improve participation of all sections of the electorate," +"awareness levels need to be enhanced, especially amongst the" +"freshly eligible youth, uneducated, residents of far-flung, inaccessible" +"and remote areas, and socially and economically weaker sections of" +"the society. Such segments need to be reached through the Media," +"apart from civil society and field based organisations. The Election" +"Commission has in place a framework of engagement for" +"collaboration between the Commission and Media Houses/" +"Organisations in this important area of voter participation. The" +"Election Commission expects that the Media should volunteer to take" +"up this task of informing, motivating and facilitating citizens to take" +"part in the democratic elections." +"" +"5. Responsibility of Government Media" +"In broadcast of election related news or analysis, Public Service" +"Broadcasters are expected to lead by example in terms of neutrality" +"and objectivity, and adhere to various guidelines including their own." +"The Election Commission has a fruitful arrangement with Prasar" +"Bharati in providing free broadcast time on All India Radio and" +"Doordarshan to recognised National and State parties so as to" +"ensure a level playing field in elections. The political parties in this" +"manner can reach out to every corner of the country, even in the" +"remotest parts. In addition to this, Prasar Bharati’s contribution in" +"spreading voter awareness and educating the public about their" +"voting rights and responsibilities is of great consequence to the" +"inclusion of all in the electoral process. The contribution of Prasar" +"Bharati has come in good measure in this arena." +"The Election Commission also urges PIB, DAVP, National Film" +"Development Corporation, Directorate of Field Publicity, Song and" +"Drama Division and many other Central and State Information" +"Directorates/ Departments to come forward and shoulder the same" +"responsibility." +"" +"" +"NOTES AND REFERENCES" +" 1. Gordon Marshall, Oxford Dictionary of Sociology, First" +"Indian Edition, 2004, p.696." +"2. Oinam Kulabidhu, Electoral Politics in Manipur, 1980–1995" +"(Unpublished Ph.D. Thesis submitted to the Manipur" +"University, 1998)." +"3. Stephen L. Wasby, Political Science: The Discipline and its" +"Dimensions, 1972, Scientific Book Agency, Calcutta, p.308." +"4. David Robertson, The Penguin Dictionary of Politics," +"Second Edition, 1993, p.485." +"5. K.R. Acharya (Ed.), Perspectives on Indian Government" +"and Politics, Second Edition, 1991, S. Chand & Company" +"Ltd., p.403." +"6. Caste in Indian Politics and Politics in India are the two" +"major contributions of Rajni Kothari to the study of Indian" +"politics." +"7. Paul R. Brass, The Politics of India Since Independence," +"Second Edition, Cambridge University Press, pp. 97–98." +"8. Linguism means love for one’s language and hatred" +"towards other languagespeaking people." +"9. ‘Charisma’ means exceptional and attractive qualities of a" +"leader." +"10. Paul R. Brass, The 1984 Parliamentary Elections in Uttar" +"Pradesh, Asian Survey, June, 1986." +"11. Handbook for Media-2014, Election Commission of India," +"pp.14–17." +" 75 Coalition Government" +"" +"" +"MEANING OF COALITION GOVERNMENT" +"The term ‘coalition’ is derived from the Latin word ‘coalitio’ which" +"means ‘to grow together’. Thus, technically, coalition means the" +"act of uniting parts into one body or whole. Politically, coalition" +"means an alliance of distinct political parties." +"Coalition politics or coalition government has been defined in" +"the following way:" +"When several political parties join hands to form a government" +"and exercise political power on the basis of a common agreed" +"programme/agenda, we can describe the system as coalition" +"politics or coalition government1 ." +"Coalitions usually occur in modern parliaments when no single" +"political party can muster a majority of votes. Two or more parties," +"who have enough elected members between them to form a" +"majority, may then be able to agree on a common programme that" +"does not require too many drastic compromises with their" +"individual policies, and can proceed to form a government2 ." +"Coalition denotes a co-operative arrangement under which" +"distinct political parties, or at all events members of such parties," +"unite to form a government or ministry3 ." +"Coalition is a direct descendant of the exigencies of multi-party" +"system in a democratic set-up. It is a phenomenon of a multi-party" +"government where a number of minority parties join hands for the" +"purpose of running the government. A coalition is formed when" +"many splinter groups in a House agree to join hands on a" +"common platform by sinking their broad differences and form a" +"majority in the House4 ." +" FEATURES OF COALITION GOVERNMENT" +"" +"The features or implications of coalition politics or coalition" +"government are very well summarised by J.C. Johari in the" +"following way5 :" +"1. Coalitions are formed for the sake of some reward, material" +"or psychic." +"2. A coalition implies the existence of at least two partners." +"3. The underlying principle of a coalition system stands on the" +"simple fact of temporary conjunction of specific interest." +"4. Coalition politics is not a static but a dynamic affair as" +"coalition players and groups dissolve and form new ones." +"5. The keynote of coalition politics is compromise, and rigid" +"dogma has no place in it." +"6. A coalition government works on the basis of a minimum" +"programme, which may not be ideal for each partner of the" +"coalition." +"7. Pragmatism and not ideology is the hallmark of coalition" +"politics. In making political adjustments, principles may have" +"to be set aside." +"8. The purpose of a coalition adjustment is to seize power." +"In our country, we have seen coalitions coming up either before" +"the elections or after the elections. The pre-poll coalition is" +"considerably advantageous because it provides a common" +"platform to the parties in order to woo the electorate on the basis" +"of a joint manifesto. The post-election union is intended to enable" +"constituents to share political power and run the government6 ." +" FORMATION OF COALITION GOVERNMENTS" +"In the first four Lok Sabha elections (1952, 1957, 1962 and 1967)," +"the Congress party secured the required majority to form the" +"government at the Centre. Even though there was a split in the" +"Congress party in 1969, the minority government of Indira Gandhi" +"managed to continue with the outside support of the CPI, the DMK" +"and other parties. Again, the Congress party won the 1971" +"elections and formed a single-party government." +"However, the dominant Congress party was badly defeated in" +"the 1977 elections. Since then, there have been a number of" +"coalition governments at the Centre. The details are mentioned in" +"Table 75.1." +"" +"Table 75.1 Formation of Coalition Governments at the Centre" +"Sl. Period Coalition Prime Partners" +"No. Minister" +"(Party)" +"1. 1977– Janata Party Morarji Desai Congress (O)," +"1979 (Congress (O)) Bharatiya Jana" +"Sangh, Bharatiya" +"Lok Dal, Socialist" +"Party, Congress for" +"Democracy," +"Chandra Shekhar" +"Group (former" +"congressmen) and" +"others." +"2. 1979– Janata Party Charan Singh Janata (S) and" +"1980 (Secular) (Janata(S)) Congress (U)." +"Congress (I)" +"supported from" +"outside." +"3. 1989– National V.P. Singh Janata Dal, TDP," +"1990 Front (Janata Dal) DMK, AGP and" +" Congress" +"(Socialist) BJP and" +"Left parties" +"supported from" +"outside." +"4. 1990– Janata Dal Chandra Janata Dal (S) and" +"1991 (Socialist) or Shekhar Janata Party." +"Samajwadi (Janata Dal (S) Congress (I)" +"Janata Party or Samajwadi supported from" +"Janata Party) outside." +"5. 1996– United Front H.D. Deve Janata Dal, CPI," +"1997 Gowda Congress (T)," +"(Janata Dal) DMK, TDP, TMC," +"AGP, SP and" +"others. Congress" +"and CPM" +"supported from" +"outside." +"6. 1997– United Front I.K. Gujral Janata Dal, CPI," +"1998 (Janata Dal) TMC, SP, DMK," +"AGP, TDP and" +"others. Congress" +"supported from" +"outside." +"7. 1998– BJP-led A.B. Vajpayee BJP, AIADMK," +"1999 Coalition (BJP) BJD, Shiv Sena," +"Lok Shakti," +"Arunachal" +"Congress, Samata," +"Akali Dal, PMK," +"TRC and others." +"TDP and" +"Trinamool" +"Congress" +"supported from" +"outside." +"8. 1999– National A.B. Vajpayee BJP, JD (U)," +" 2004 Democratic (BJP) Trinamool" +"Alliance Congress, Shiv" +"(NDA) Sena, BJD, LJP," +"DMK, PMK, INLD," +"MDMK, National" +"Conference, Akali" +"Dal, RLD, AGP" +"and others." +"9. 2004– United Manmohan Congress, NCP," +"2009 Progressive Singh DMK, RJD, LJP," +"Alliance (Congress) PMK and others." +"(UPA) CPI and CPM" +"supported from" +"outside." +"10. 2009– United Manmohan Congress, NCP," +"2014 Progressive Singh DMK, Trinamool" +"Alliance-II (Congress) Congress, National" +"(UPA-II) Conference and" +"others." +"11. 2014– National Narendra Modi BJP, LJP, TDP," +"2019 Democratic (BJP) Shiv Sena, Akali" +"Alliance Dal, Rashtriya Lok" +"(NDA) Samata Party," +"Apna Dal (S) and" +"others. TDP left" +"NDA in 2018." +"12. 2019- till National Narendra Modi BJP, Akali Dal," +"date Democratic (BJP) LJP, Shiv Sena" +"Alliance and others. Shiv" +"(NDA) Sena left NDA in" +"November 2019." +" MERITS OF COALITION GOVERNMENT" +"" +"The various advantages or strengths of the coalition governments" +"are as follows:" +"1. There is an accommodation of diverse interests in the" +"functioning of the government. A coalition government acts" +"as a channel to meet the expectations and redress the" +"grievances of different groups." +"2. India is a highly diversified country. There are different" +"cultures, languages, castes, religions and ethnic groups, and" +"all these get represented in the coalition governments. This" +"means that a coalition government is more representative in" +"nature and it better reflects the popular opinion of the" +"electorate. In other words, it represents a much more" +"broader spectrum of public opinion than the single-party" +"government." +"3. A coalition government comprises different political parties" +"having their own ideologies or agendas. But, the" +"governmental policy requires the concurrence of all the" +"coalition partners. Therefore, a coalition government leads to" +"consensus-based politics. In other words, there is" +"consensual decision-making in the coalition governments." +"4. Coalition politics strengthens the federal fabric of the Indian" +"political system. This is because a coalition government is" +"more sensitive and responsive to the regional demands and" +"concerns than the single-party government." +"5. A coalition government reduces the tyranny of government" +"(despotic rule). This is due to the reduced domination of a" +"single political party in the functioning of the government. All" +"the members of the coalition participate in the political" +"decision-making. In short, the decisions made are more" +"balanced." +" DEMERITS OF COALITION GOVERNMENT" +"" +"The various disadvantages or weaknesses of the coalition" +"governments are as follows:" +"1. They are unstable or prone to instability. The difference of" +"opinion among the coalition partners on policy issues leads" +"to the collapse of the government." +"2. Leadership of the Prime Minister is a principle of" +"parliamentary form of government. This principle is curtailed" +"in a coalition government as the Prime Minister is required to" +"consult the coalition partners before taking any major" +"decision. The critics have called them as ‘Super Prime" +"Ministers’ or ‘Ultra Prime Ministers’." +"3. The Steering Committee or the Co-ordination Committee of" +"the coalition partners acts as the ‘Super-Cabinet’, and" +"thereby it undermines the role and position of the cabinet in" +"the functioning of the governmental machinery." +"4. There is a possibility of the smaller constituents of the" +"coalition government playing the role of a ‘King-maker’. They" +"demand more than their strength in the Parliament." +"5. The leaders of regional parties bring in the regional factors" +"in the national decision-making. They pressurise the central" +"executive to act on their lines; otherwise, they would" +"threaten to withdraw from the coalition." +"6. The size of the Council of Ministers in a coalition" +"government is generally quite large. This is because the" +"ministry has to reflect all the constituents of the coalition. For" +"example, the A.B. Vajpayee ministry of 1999 had 70-plus" +"ministers and it was called as ‘Jumbo Ministry’. This creates" +"the problem of distribution of portfolios as well as the proper" +"coordination among the members." +"7. The members of coalition governments do not assume" +"responsibility for the administrative failures and lapses. They" +"play blame games and thereby escape from both collective" +"responsibility as well as individual responsibility." +" NOTES AND REFERENCES" +"1. Ghai, K.K., Indian Government and Politics, Eighth" +"Edition, Kalyani Publishers, Ludhiana, 2012, p. 508." +"2. Robertson, D., The Penguin Dictionary of Politics," +"Penguin Books, London, 1993, p. 73." +"3. Ogg, F.A., Encyclopedia of the Social Sciences, Vol. 2," +"New York, 1957, p. 600." +"4. Sahni, N.C., The theory of coalitions. In Sahni, N.C." +"(Ed) Coalition Politics in India, Jullundur, 1971, pp. 17–" +"18" +"5. Johari, J.C., Reflections on Indian Politics, New Delhi," +"1974, pp. 3–5." +"6. The Journal of Parliamentary Information, September" +"2000, XLVI(3), p. 394." +" 76 Anti-Defection Law" +"" +"" +"" +"" +"T" +"he 52nd Amendment Act of 1985 provided for the" +"disqualification of the members of Parliament and the state" +"legislatures on the ground of defection from one political" +"party to another. For this purpose, it made changes in four" +"Articles1 of the Constitution and added a new Schedule (the Tenth" +"Schedule) to the Constitution. This act is often referred to as the" +"‘anti-defection law’." +"Later, the 91st Amendment Act of 2003 made one change in the" +"provisions of the Tenth Schedule. It omitted an exception provision" +"i.e., disqualification on ground of defection not to apply in case of" +"split." +" PROVISIONS OF THE ACT" +"" +"The Tenth Schedule contains the following provisions with respect" +"to the disqualification of members of Parliament and the state" +"legislatures on the ground of defection:" +"" +"1. Disqualification" +"Members of Political Parties: A member of a House belonging" +"to any political party becomes disqualified for being a member of" +"the House, (a) if he voluntarily gives up his membership of such" +"political party; or (b) if he votes or abstains from voting in such" +"House contrary to any direction issued by his political party" +"without obtaining prior permission of such party and such act has" +"not been condoned by the party within 15 days." +"From the above provision it is clear that a member elected on a" +"party ticket should continue in the party and obey the party" +"directions." +"Independent Members: An independent member of a House" +"(elected without being set up as a candidate by any political party)" +"becomes disqualified to remain a member of the House if he joins" +"any political party after such election." +"Nominated Members: A nominated member of a House" +"becomes disqualified for being a member of the House if he joins" +"any political party after the expiry of six months from the date on" +"which he takes his seat in the House. This means that he may join" +"any political party within six months of taking his seat in the House" +"without inviting this disqualification." +"" +"2. Exceptions" +"The above disqualification on the ground of defection does not" +"apply in the following two cases:" +"(a) If a member goes out of his party as a result of a merger of" +"the party with another party. A merger takes place when two-" +"thirds of the members of the party have agreed to such" +"merger." +" (b) If a member, after being elected as the presiding officer of" +"the House, voluntarily gives up the membership of his party" +"or rejoins it after he ceases to hold that office. This" +"exemption has been provided in view of the dignity and" +"impartiality of this office." +"It must be noted here that the provision of the Tenth Schedule" +"pertaining to exemption from disqualification in case of split by" +"one-third members of legislature party has been deleted by the" +"91st Amendment Act of 2003. It means that the defectors have no" +"more protection on grounds of splits." +"" +"3. Deciding Authority" +"Any question regarding disqualification arising out of defection is" +"to be decided by the presiding officer of the House. Originally, the" +"act provided that the decision of the presiding officer is final and" +"cannot be questioned in any court. However, in Kihoto Hollohan" +"case2 (1993), the Supreme Court declared this provision as" +"unconstitutional on the ground that it seeks to take away the" +"jurisdiction of the Supreme Court and the high courts. It held that" +"the presiding officer, while deciding a question under the Tenth" +"Schedule, function as a tribunal. Hence, his decision like that of" +"any other tribunal, is subject to judicial review on the grounds of" +"mala fides, perversity, etc. But, the court rejected the contention" +"that the vesting of adjudicatory powers in the presiding officer is" +"by itself invalid on the ground of political bias3 ." +"" +"4. Rule-Making Power" +"The presiding officer of a House is empowered to make rules to" +"give effect to the provisions of the Tenth Schedule. All such rules" +"must be placed before the House for 30 days. The House may" +"approve or modify or disapprove them. Further, he may direct that" +"any willful contravention by any member of such rules may be" +"dealt with in the same manner as a breach of privilege of the" +"House." +"According to the rules made so, the presiding officer can take" +"up a defection case only when he receives a complaint from a" +"member of the House. Before taking the final decision, he must" +" give the member (against whom the complaint has been made) a" +"chance to submit his explanation. He may also refer the matter to" +"the committee of privileges for inquiry. Hence, defection has no" +"immediate and automatic effect." +" EVALUATION OF THE ACT" +"" +"The Tenth Schedule of the Constitution (which embodies the anti-" +"defection law) is designed to prevent the evil or mischief of" +"political defections motivated by the lure of office or material" +"benefits or other similar considerations. It is intended to" +"strengthen the fabric of Indian parliamentary democracy by" +"curbing unprincipled and unethical political defections. Rajiv" +"Gandhi, the then Prime Minister, described it as the ‘first step" +"towards cleaning-up public life’. The then Central law minister" +"stated that the passing of the 52nd Amendment Bill (anti-defection" +"bill) by a unanimous vote by both the Houses of Parliament was ‘a" +"proof, if any, of the maturity and stability of Indian democracy’." +"" +"Advantages" +"The following can be cited as the advantages of the anti-defection" +"law:" +"(a) It provides for greater stability in the body politic by checking" +"the propensity of legislators to change parties." +"(b) It facilitates democratic realignment of parties in the" +"legislature by way of merger of parties." +"(c) It reduces corruption at the political level as well as non-" +"developmental expenditure incurred on irregular elections." +"(d) It gives, for the first time, a clear-cut constitutional" +"recognition to the existence of political parties." +"" +"Criticism" +"Though the anti-defection law been hailed as a bold step towards" +"cleansing our political life and started as new epoch in the political" +"life of the country, it has revealed may lacunae in its operation and" +"failed to prevent defections in toto. It came to be criticised on the" +"following grounds:" +"1. It does not make a differentiation between dissent and" +"defection. It curbs the legislator’s right to dissent and" +"freedom of conscience. Thus, ‘it clearly puts party bossism" +" on a pedestal and sanctions tyranny of the party in the name" +"of the party discipline’4 ." +"2. Its distinction between individual defection and group" +"defection is irrational. In other words, ‘it banned only retail" +"defections and legalised wholesale defections’5 ." +"3. It does not provide for the expulsion of a legislator from his" +"party for his activities outside the legislature." +"4. Its discrimination between an independent member and a" +"nominated member is illogical. If the former joins a party, he" +"is disqualified while the latter is allowed to do the same." +"5. Its vesting of decision-making authority in the presiding" +"officer is criticised on two grounds. Firstly, he may not" +"exercise this authority in an impartial and objective manner" +"due to political exigencies. Secondly, he lacks the legal" +"knowledge and experience to adjudicate upon the cases. In" +"fact, two Speakers of the Lok Sabha (Rabi Ray–1991 and" +"Shivraj Patil–1993) have themselves expressed doubts on" +"their suitability to adjudicate upon the cases related to" +"defections6 ." +" 91ST AMENDMENT ACT (2003)" +"" +"Reasons" +"The reasons for enacting the 91st Amendment Act (2003) are as" +"follows:" +"1. Demands have been made from time to time in certain" +"quarters for strengthening and amending the Anti-defection" +"Law as contained in the Tenth Schedule, on the ground that" +"these provisions have not been able to achieve the desired" +"goal of checking defections. The Tenth Schedule has also" +"been criticised on the ground that it allows bulk defections" +"while declaring individual defections as illegal. The provision" +"for exemption from disqualification in case of splits as" +"provided in the Tenth Schedule has, in particular, come" +"under severe criticism on account of its destabilising effect" +"on the Government." +"2. The Committee on Electoral Reforms (Dinesh Goswami" +"Committee) in its report of 1990, the Law Commission of" +"India in its 170th Report on “Reform of Electoral Laws”" +"(1999) and the National Commission to Review the Working" +"of the Constitution (NCRWC) in its report of 2002 have, inter" +"alia, recommended omission of the provision of the Tenth" +"Schedule pertaining to exemption from disqualification in" +"case of splits." +"3. The NCRWC was also of the view that a defector should be" +"penalised for his action by debarring him from holding any" +"public office as a minister or any other remunerative political" +"post for at least the duration of the remaining term of the" +"existing Legislature or until, the next fresh elections" +"whichever is earlier." +"4. The NCRWC has also observed that abnormally large" +"Councils of Ministers were being constituted by various" +"Governments at Centre and states and this practice had to" +"be prohibited by law and that a ceiling on the number of" +"ministers in a state or the Union Government be fixed at the" +" maximum of 10% of the total strength of the popular House" +"of the Legislature." +"" +"Provisions" +"The 91st Amendment Act of 2003 has made the following" +"provisions to limit the size of Council of Ministers, to debar" +"defectors from holding public offices, and to strengthen the anti-" +"defection law:" +"1. The total number of ministers, including the Prime Minister," +"in the Central Council of Ministers shall not exceed 15 per" +"cent of the total strength of the Lok Sabha." +"2. A member of either House of Parliament belonging to any" +"political party who is disqualified on the ground of defection" +"shall also be disqualified to be appointed as a minister." +"3. The total number of ministers, including the Chief Minister, in" +"the Council of Ministers in a state shall not exceed 15 per" +"cent of the total strength of the Legislative Assembly of that" +"state. But, the number of ministers, including the Chief" +"Minister, in a state shall not be less than 12." +"4. A member of either House of a state legislature belonging to" +"any political party who is disqualified on the ground of" +"defection shall also be disqualified to be appointed as a" +"minister." +"5. A member of either House of Parliament or either House of" +"a State Legislature belonging to any political party who is" +"disqualified on the ground of defection shall also be" +"disqualified to hold any remunerative political post. The" +"expression “remunerative political post” means (i) any office" +"under the Central Government or a state government where" +"the salary or remuneration for such office is paid out of the" +"public revenue of the concerned government; or (ii) any" +"office under a body, whether incorporated or not, which is" +"wholly or partially owned by the Central Government or a" +"state government and the salary or remuneration for such" +"office is paid by such body, except where such salary or" +"remuneration paid is compensatory in nature." +"6. The provision of the Tenth Schedule (anti-defection law)" +"pertaining to exemption from disqualification in case of split" +" by one-third members of legislature party has been deleted." +"It means that the defectors have no more protection on" +"grounds of splits." +"" +"" +"NOTES AND REFERENCES" +"1. These are Articles 101, 102, 190 and 191 which relate" +"to the vacation of seats and disqualification from" +"membership of Parliament and the state legislatures." +"2. Kihoto Hollohan v. Zachilhu, (1993)." +"3. The court observed: ‘The Chairman or Speakers hold a" +"pivotal position in the scheme of parliamentary" +"democracy and are guardians of the rights and" +"privileges of the House. They are expected to and do" +"take far-reaching decisions in the functioning of" +"parliamentary democracy. Vestiture of power to" +"adjudicate questions under the Tenth Schedule in such" +"constitutional functionaries should not be considered" +"unexceptionable’." +"4. Soli J. Sorabjee, ‘The Remedy should not be worse" +"than the Disease’, The Times of India (Sunday Review)," +"February 1, 1985, p. 1." +"5. Madhu Limaye, Contemporary Indian Politics, 1989, p." +"190" +"6. Speaker Shivraj Patil stated: ‘The advantages in giving" +"these cases to the judiciary are many. The Speaker or" +"the Chairman may or may not be endowed with legal" +"acumen and proficiency in law. It is more apt to have the" +"cases decided by the Supreme Court or high court" +"judges’." +" 77 Pressure Groups" +"" +"" +"MEANING AND TECHNIQUES" +"The term ‘pressure group’ originated in the USA. A pressure" +"group is a group of people who are organised actively for" +"promoting and defending their common interest. It is so called as" +"it attempts to bring a change in the public policy by exerting" +"pressure on the government. It acts as a liaison between the" +"government and its members." +"The pressure groups are also called interest groups or vested" +"groups. They are different from the political parties in that they" +"neither contest elections nor try to capture political power. They" +"are concerned with specific programmes and issues and their" +"activities are confined to the protection and promotion of the" +"interests of their members by influencing the government." +"The pressure groups influence the policymaking and policy-" +"implementation in the government through legal and legitimate" +"methods like lobbying, correspondence, publicity, propagandising," +"petitioning, public debating, maintaining contacts with their" +"legislators and so forth. However, some times they resort to" +"illegitimate and illegal methods like strikes, violent activities and" +"corruption which damages public interest and administrative" +"integrity." +"According to Odegard, pressure groups resort to three different" +"techniques in securing their purposes. First, they can try to place" +"in public office persons who are favourably disposed towards the" +"interests they seeks to promote. This technique may be labelled" +"electioneering. Second, they can try to persuade public officers," +"whether they are initially favourably disposed toward them or not," +"to adopt and enforce the policies that they think will prove most" +"beneficial to their interests. This technique may be labelled" +"lobbying. Third, they can try to influence public opinion and" +"thereby gain an indirect influence over government, since the" +" government in a democracy is substantially affected by public" +"opinion. This technique may be labelled propagandizing1 ." +" PRESSURE GROUPS IN INDIA" +"A large number of pressure groups exist in India. But, they are not" +"developed to the same extent as in the US or the western" +"countries like Britain, France, Germany and so on. The pressure" +"groups in India can be broadly classified into the following" +"categories:" +"" +"1. Business Groups" +"The business groups include a large number of industrial and" +"commercial bodies. They are the most sophisticated, the most" +"powerful and the largest of all pressure groups in India. They" +"include:" +"(i) Federation of Indian Chamber of Commerce and Industry" +"(FICCI); major constituents are the Indian Merchants" +"Chamber of Bombay, Indian Merchants Chamber of Calcutta" +"and South Indian Chamber of Commerce of Madras. It" +"broadly represents major industrial and trading interests." +"(ii) Associated Chamber of Commerce and Industry of India" +"(ASSOCHAM); major constituents are the Bengal Chamber of" +"Commerce of Calcutta and Central Commercial Organisation" +"of Delhi. ASSOCHAM represents foreign British capital." +"(iii) Federation of All India Foodgrain Dealers Association" +"(FAIFDA). FAIFDA is the sole representative of the grain" +"dealers." +"(iv) All-India Manufacturers Organisation (AIMO). AIMO raises" +"the concerns of the medium-sized industry." +"" +"2. Trade Unions" +"The trade unions voice the demands of the industrial workers." +"They are also known as labour groups. A peculiar feature of trade" +"unions in India is that they are associated either directly or" +"indirectly with different political parties. They include:" +"(i) All-India Trade Union Congress (AITUC)–affiliated to CPI" +"(ii) Indian National Trade Union Congress (INTUC)–affiliated to" +"the Congress" +" (iii) Hind Mazdoor Sabha (HMS)–affiliated to the Socialists" +"(iv) Centre of Indian Trade Unions (CITU)– affiliated to the CPM" +"(v) Bharatiya Mazdoor Sangh (BMS)– affiliated to the BJP" +"First Trade Union in India: All India Trade Union Congress" +"(AITUC) was founded in 1920 with Lala Lajpat Rai as its first" +"president. Upto 1945, Congressmen, Socialists and Communists" +"worked in the AITUC which was the central trade union" +"organisation of workers of India. Subsequently, the trade union" +"movement got split on political lines." +"" +"3. Agrarian Groups" +"The agrarian groups represent the farmers and the agricultural" +"labour class. They include:" +"(i) Bhartiya Kisan Union (in the wheat belt of North India)" +"(ii) All India Kisan Sabha (the oldest and the largest agrarian" +"group)" +"(iii) Revolutionary Peasants Convention (organised by the CPM" +"in 1967 which gave birth to the Naxalbari Movement)" +"(iv) Bhartiya Kisan Sangh (Gujarat)" +"(v) R.V. Sangham (Tamil Nadu)" +"(vi) Shetkhari Sanghatana (Maharashtra)" +"(vii) Hind Kisan Panchayat (controlled by the Socialists)" +"(viii) All-India Kisan Sammelan" +"(ix) United Kisan Sabha (controlled by the CPM)" +"" +"4. Professional Associations" +"These are associations that raise the concerns and demands of" +"doctors, lawyers, journalists and teachers. Despite various" +"restrictions, these associations pressurise the government by" +"various methods including agitations for the improvement of their" +"service conditions. They include:" +"(i) Indian Medical Association (IMA)" +"(ii) Bar Council of India (BCI)" +"(iii) Indian Federation of Working Journalists (IFWJ)" +"(iv) All India Federation of University and College Teachers" +"(AIFUCT)" +" 5. Student Organisations" +"Various unions have been formed to represent the student" +"community. However, these unions, like the trade unions, are also" +"affiliated to various political parties. These are:" +"(i) Akhil Bharatiya Vidyarthi Parishad (ABVP) (affiliated to BJP)" +"(ii) All India Students Federation (AISF) (affiliated to CPI)" +"(iii) National Students Union of India (NSUI) (affiliated to" +"Congress)" +"(iv) Student Federation of India (SFI) (affiliated to CPM)" +"" +"6. Religious Organisations" +"The organisations based on religion have come to play an" +"important role in Indian politics. They represent the narrow" +"communal interest. They include:" +"(i) Rashtriya Swayam Sevak Sangh (RSS)" +"(ii) Vishwa Hindu Parishad (VHP)" +"(iii) Jamaat-e-Islami" +"(iv) Ittehad-ul-Mussalmeen" +"(v) Anglo-Indian Association" +"(vi) Associations of the Roman Catholics" +"(vii) All-India Conference of Indian Christians (viii) Parsi Central" +"Association" +"(ix) Shiromani Akali Dal" +"“The Shiromani Akali Dal should be regarded as more of a" +"religious pressure group rather than a political party in view of the" +"fact that it has been concerned more with the mission of saving" +"the sikh community from being absorbed into the ocean of hindu" +"society than with fighting for the cause of a sikh homeland”2 ." +"" +"7. Caste Groups" +"Like religion, caste has been an important factor in Indian politics." +"The competitive politics in many states of the Indian Union is in" +"fact the politics of caste rivalries: Brahmin versus Non-Brahmin in" +"Tamil Nadu and Maharashtra, Rajput versus Jat in Rajasthan," +"Kamma versus Reddy in Andhra, Ahir versus Jat in Haryana," +"Baniya Brahmin versus Patidar in Gujarat. Kayastha versus" +" Rajput in Bihar, Nair versus Ezhava in Kerala and Lingayat versus" +"Okkaliga in Karnataka3. Some of the caste-based organisations" +"are:" +"(i) Nadar Caste Association in Tamil Nadu" +"(ii) Marwari Association" +"(iii) Harijan Sevak Sangh" +"(iv) Kshatriya Maha Sabha in Gujarat" +"(v) Vanniyakul Kshatriya Sangam" +"(vi) Kayastha Sabha" +"" +"8. Tribal Organisations" +"The tribal organisations are active in MP, Chattisgarh, Bihar," +"Jharkhand, West Bengal and the North Eastern States of Assam," +"Manipur, Nagaland and so on. Their demands range from reforms" +"to that of secession from India and some of them are involved in" +"insurgency activities. The tribal organisations include:" +"(i) National Socialist Council of Nagaland (NSCN)" +"(ii) Tribal National Volunteers (TNU) in Tripura" +"(iii) People’s Liberation Army in Manipur" +"(iv) All-India Jharkhand" +"(v) Tribal Sangh of Assam" +"(vi) United Mizo Federal Organisation" +"" +"9. Linguistic Groups" +"Language has been so important factor in Indian politics that it" +"became the main basis for the reorganisation of states. The" +"language along with caste, religion and tribe have been" +"responsible for the emergence of political parties as well as" +"pressure groups. Some of the linguistic groups are:" +"(i) Tamil Sangh" +"(ii) Anjuman Tarraki-i-Urdu" +"(iii) Andhra Maha Sabha" +"(iv) Hindi Sahitya Sammelan" +"(v) Nagari Pracharani Sabha" +"(vi) Dakshina Bharat Hindi Prachar Sabha" +"" +"10. Ideology Based Groups" +" In more recent times, the pressure groups are formed to pursue a" +"particular ideology, i.e., a cause, a principle or a programme." +"These groups include:" +"(i) Environmental protection groups like Narmada Bachao" +"Andolan, and Chipko Movement" +"(ii) Democratic rights organisations" +"(iii) Civil liberties associations" +"(iv) Gandhi Peace Foundation" +"(v) Woman rights organisations" +"" +"11. Anomic Groups" +"Almond and Powell observed: “By anomic pressure groups we" +"mean more or less a spontaneous breakthrough into the political" +"system from the society such as riots, demonstrations," +"assassinations and the like. The Indian Government and" +"bureaucratic elite, overwhelmed by the problem of economic" +"development and scarcity of resources available to them," +"inevitably acquires a technocratic and anti-political frame of mind," +"particularistic demands of whatever kinds are denied legitimacy." +"As a consequence interest groups are alienated from the political" +"system”4. Some of the anomic pressure groups are:" +"(i) All-India Sikh Student’s Federation." +"(ii) Nava Nirman Samithi of Gujarat." +"(iii) Naxalite Groups." +"(iv) Jammu and Kashmir Liberation Front (JKLF)." +"(v) All Assam Student’s Union." +"(vi) United Liberation Front of Assam (ULFA)." +"(vii) Dal Khalsa." +"" +"" +"NOTES AND REFERENCES" +"1. G.A. Almond and G.B. Coleman (eds), The Politics of" +"the Developing Areas, Princeton, (1970), P. 185." +"2. J.C. Johari: Indian Government and Politics, Vishal," +"Thirteenth Edition, P. 591." +"3. Paul Kolenda: Caste in India since Independence (in" +"Social and Economic Development in India by Basu and" +" Sission, P. 110)." +"4. G.A. Almond and G.B. Powell: Comparative Politics," +"1972, P. 75–76." +" 78 National Integration" +"" +"" +"" +"" +"I" +"ndia is a land of widespread diversities in terms of religion," +"language, caste, tribe, race, region and so on. Hence, the" +"achievement of national integration becomes very essential for" +"the all-around development and prosperity of the country." +" MEANING OF NATIONAL INTEGRATION" +"" +"Definitions and statements on national integration:" +"“National integration implies avoidance of divisive movements" +"that would balkanise the nation and presence of attitudes" +"throughout the society that give preference to national and public" +"interest as distinct from parochial interests”1 Myron Weiner." +"“National integration is a socio-psychological and educational" +"process through which a feeling of unity, solidarity and cohesion" +"develops in the hearts of the people and a sense of common" +"citizenship or feeling of loyalty to the nation is fostered among" +"them”2 HA Gani." +"“National integration is not a house which could be built by" +"mortar and bricks. It is not an industrial plan too which could be" +"discussed and implemented by experts. Integration, on the" +"contrary, is a thought which must go into the heads of the people." +"It is the consciousness which must awaken the people at large”" +"Dr. S. Radhakrishna." +"“National integrations means, and ought to mean, cohesion not" +"fusion, unity but not uniformity, reconciliation but not merger," +"agglomeration but not assimilation of the discrete segments of the" +"people constituting a political community or state”3 Rasheeduddin" +"Khan." +"To sum-up, the concept of national integration involves political," +"economic, social, cultural and psychological dimensions and the" +"inter-relations between them." +" OBSTACLES TO NATIONAL INTEGRATION" +"Among the major obstacles to national integration include:" +"" +"1. Regionalism" +"Regionalism refers to sub-nationalism and sub-territorial loyalty. It" +"implies the love for a particular region or state in preference to the" +"country as a whole. There is also subregionalism, that is, love for" +"a particular region in preference to the state of which the region" +"forms a part." +"Regionalism is “a subsidiary process of political integration in" +"India. It is a manifestation of those residual elements which do not" +"find expression in the national polity and national culture, and" +"being excluded from the centrality of the new polity, express" +"themselves in political discontent and political exclusionism”4 ." +"Regionalism is a country-wide phenomenon which manifests" +"itself in the following six forms:" +"(i) Demand of the people of certain states for secession from the" +"Indian Union (like Khalistan, Dravid Nad, Mizos, Nagas and" +"so on)." +"(ii) Demand of the people of certain areas for separate statehood" +"(like Telengana, Bodoland, Uttarkhand, Vidharbha," +"Gorkhaland and so on)." +"(iii) Demand of people of certain Union Territories for full-fledged" +"statehood (like Manipur, Tripura, Puducherry, Delhi, Goa," +"Daman and Diu and so on)." +"(iv) Inter-state boundary disputes (like Chandigarh and Belgaum)" +"and riverwater disputes (like Cauvery, Krishna, Ravi-Beas and" +"so on)." +"(v) Formation of organisations with regional motives which" +"advocates a militant approach in pursuing its policies and" +"goals (like Shiv Sena, Tamil Sena, Hindi Sena, Sardar Sena," +"Lachit Sena and so on)." +"(vi) ‘Sons of the soil theory’ which advocates preference to local" +"people in government jobs, private jobs, permits and so on." +" Their slogan will be Assam for Assamese, Maharashtra for" +"Maharashtrians and so on." +"" +"2. Communalism" +"Communalism means love for one’s religious community in" +"preference to the nation and a tendency to promote the communal" +"interest at the cost of the interest of other religious communities. It" +"has its roots in the British rule where the 1909, 1919 and 1935" +"Acts had introduced communal representation for the Muslims," +"Sikhs and others." +"The communalism got accentuated with the politicisation of" +"religion. Its various manifestations are:" +"(i) Formation of political parties based on religion (like Akali Dal," +"Muslim League, Ram Rajya Parishad, Hindu Mahasabha," +"Shiv Sena and so on)." +"(ii) Emergence of pressure groups (nonpolitical entities) based" +"on religion (like RSS, Vishwa Hindu Parishad, Jamaat-e-" +"Islami, Anglo-Indian Christians Association and so on)." +"(iii) Communal riots (between Hindus and Muslims, Hindus and" +"Sikhs, Hindus and Christians and so on–Benaras, Lucknow," +"Mathura, Hyderabad, Allahabad, Aligarh, Amritsar," +"Moradabad and some other places are affected by communal" +"violence)." +"(iv) Dispute over religious structures like temples, mosques and" +"others (The dispute over Ram Janma Bhoomi in Ayodhya" +"where the kar sevaks had demolished a disputed structure on" +"December 6, 1992)." +"The reasons for the persistence of com-munalism include" +"religious orthodoxy of muslims, role of Pakistan, hindu" +"chauvinism, government’s inertia, role of political parties and other" +"groups, electoral compulsions, communal media, socio-economic" +"factors and so on." +"" +"3. Casteism" +"Casteism implies love for one’s own caste-group in preference to" +"the general national interest. It is mainly an outcome of the" +"politicisation of caste. Its various manifestations include:" +" (i) Formation of political parties on the basis of caste (like" +"Justice Party in Madras, DMK, Kerala Congress, Republican" +"Party, Bahujan Samaj Party and so on)." +"(ii) Emergence of pressure groups (nonpolitical entities) based" +"on caste (like Nadar Association, Harijan Sevak Sangh," +"Kshatriya Mahasabha and so on)." +"(iii) Allotment of party tickets during elections and the formation of" +"council of ministers in the states on caste lines." +"(iv) Caste conflicts between higher and lower castes or between" +"dominant castes in various states like Bihar, Uttar Pradesh," +"Madhya Pradesh and so on." +"(v) Violent disputes and agitations over the reservation policy." +"B.K. Nehru observed: “The communal electorates (of the British" +"days) in a vestigal form still remain in the shape of reservations for" +"the Scheduled Castes and Scheduled Tribes. They serve to" +"emphasise caste origin and make people conscious of the caste" +"in which they were born. This is not conducive to national" +"integration”5 ." +"At the state level, the politics is basically a fight between the" +"major caste groups like Kamma versus Reddy in Andhra Pradesh," +"Lingayat versus Vokaligga in Karnataka, Nayar versus Ezhava in" +"Kerala, Bania versus Patidar in Gujarat, Bhumiar versus Rajput in" +"Bihar, Jat versus Ahir in Haryana, Jat versus Rajput in Uttar" +"Pradesh, Kalita versus Ahom in Assam and so on." +"" +"4. Linguism" +"Linguism means love for one’s language and hatred towards other" +"language-speaking people. The phenomena of linguism, like that" +"of regionalism, communalism or casteism, is also a consequence" +"of political process. It has two dimensions: (a) the reorganisation" +"of states on the basis of language; and (b) the determination of" +"the official language of the Union." +"The creation of the first linguistic state of Andhra out of the then" +"Madras state in 1953 led to the countrywide demand for the" +"reorganisation of states on the basis of language. Consequently," +"the states were reorganised on a large-scale in 1956 on the basis" +"of the recommendations made by the States Reorganisation" +" Commission6 (1953–1955). Even after this, the political map of" +"India underwent a continuous change due to the pressure of" +"popular agitations and the political conditions, which resulted in" +"the bifurcation of existing states like Bombay, Punjab, Assam, and" +"so on. By the end of 2000, the number of states and union" +"territories had reached 28 and 7 from that of 14 and 6 in 1956" +"respectively7 ." +"The enactment of the Official Language Act (1963) making" +"Hindi as the Official Language of the Union led to the rise of anti-" +"Hindi agitation in South India and West Bengal. Then, the Central" +"government assured that English would continue as an ‘associate’" +"official language so long as the non-Hindi speaking states desire" +"it. Moreover, the three-language formula (English, Hindi and a" +"regional language) for school system is still not being" +"implemented in Tamil Nadu8. Consequently, Hindi could not" +"emerge as the lingua franca of the composite culture of India as" +"desired by the framers of the Constitution." +"The problem of linguism got accentuated with the rise of some" +"regional parties in recent times like the TDP, AGP, Shiv Sena and" +"so on." +" NATIONAL INTEGRATION COUNCIL" +"" +"The National Integration Council (NIC) was constituted in 1961," +"following a decision taken at a national conference on ‘unity in" +"diversity’, convened by the Central government, at New Delhi. It" +"consisted of the prime minister as chairman, central home" +"minister, chief ministers of states, seven leaders of political" +"parties, the chairman of the UGC, two educationists, the" +"commissioner for SCs and STs and seven other persons" +"nominated by the prime minister. The council was directed to" +"examine the problem of national integration in all its aspects and" +"make necessary recommendations to deal with it. The council" +"made various recommendations for national integration. However," +"these recommendations remained only on paper and no effort" +"was made either by the Centre or by the states to implement" +"them." +"In 1968, the Central government revived the National" +"Integration Council. Its size was increased from 39 to 55" +"members. The representatives of industry, business and trade" +"unions were also included in it. The council met at Srinagar and" +"adopted a resolution condemning all tendencies that struck at the" +"root of national solidarity. It appealed to the political parties," +"organisations and the press to mobilise the constructive forces of" +"society in the cause of national unity and solidarity. It also set up" +"three committes to report on regionalism, communalism and" +"linguism respectively. However, nothing tangible was achieved." +"In 1980, the Central government again revived the National" +"Integration Council which had become defunct. Its membership" +"was made more broad-based. It had three items on the agenda" +"for discussion viz., the problem of communal harmony, unrest in" +"the north-eastern region and need for a new education system." +"The council set up a standing committee to keep a constant watch" +"on the activities of communal and other divisive forces posing a" +"threat to the national unity." +"In 1986, the NIC was reconstituted and its membership was" +"further increased. It recognised terrorism in Punjab as an attack" +"on the unity, integrity and secular ideals of the country." +" Accordingly, it passed a resolution to fight terrorism in Punjab. The" +"council also set up a 21-member committee to function on a" +"continuing basis. The committee was asked to formulate both" +"short-term as well as long-term proposals for maintaining" +"communal harmony and preserving national integrity." +"In 1990, the National Front Government headed by V.P. Singh" +"reconstituted the National Integration Council. Its strength was" +"increased to 101. It included prime minister as chairman, some" +"Central ministers, state chief ministers, leaders of national and" +"regional parties, representatives of women, trade and industry," +"academicians, journalists and public figures. It had various items" +"on the agenda for discussion, viz., Punjab problem, Kashmir" +"problem, violence by secessionists, communal harmony and Ram" +"Janmabhomi-Babri Masjid problem at Ayodhya. But, there was no" +"concrete result." +"In 2005, the United Progressive Alliance (UPA) Government" +"reconstituted the National Integration Council under the" +"chairmanship of the Prime Minister, Manmohan Singh. The 103-" +"member NIC was constituted after a gap of 12 years having held" +"its meeting in 1992. Besides some central ministers, state and UT" +"chief ministers and leaders of national and regional parties, the" +"NIC included chairpersons of National Commissions, eminent" +"public figures and representatives from business, media, labour" +"and women. The NIC was to function as a forum for effective" +"initiative and interaction on issues of national concern, review" +"issues relating to national integration and make" +"recommendations." +"The 14th meeting of the NIC was held in 2008 in the backdrop" +"of communal violence in various states like Orissa, Karnataka," +"Maharashtra, Jammu and Kashmir and Assam and so on." +"Promotion of education among minorities, scheduled castes and" +"scheduled tribes; elements contributing to national integration;" +"removal of regional imbalances, caste and identity divisions;" +"prevention of extremism; promotion of communal harmony and" +"security among minorities; and equitable development were some" +"of the important items on the agenda of the meeting." +"In April 2010, the United Progressive Alliance (UPA)" +"Government again reconstituted the National Integration Council" +" (NIC) under the chairmanship of the Prime Minister, Manmohan" +"Singh. The NIC has 147 members, including Union Ministers," +"Leaders of the Opposition in the Lok Sabha and the Rajya Sabha," +"the Chief Ministers of all states and union territories with" +"Legislatures. It also includes leaders of national and regional" +"political parties, chairpersons of national commissions, eminent" +"journalists, public figures, and representatives of business and" +"women’s organisations. It is chiefly aimed at suggesting means" +"and ways to combat the menace of communalism, casteism and" +"regionalism." +"In October 2010, the Government also constituted a Standing" +"Committee of the NIC. It consists of Union Home Minister as" +"Chairman, four Union Ministers, nine Chief Ministers of various" +"states and five co-opted members from NIC. It would finalise the" +"agenda items for NIC meetings." +"The 15th meeting of the NIC was held in September, 2011. The" +"agenda for the meeting included measures to curb communalism" +"and communal violence; approach to the Communal Violence Bill;" +"measures to promote communal harmony; measures to eliminate" +"discrimination, especially against minorities and scheduled tribes;" +"how the state and the police should handle civil disturbances; and" +"how to curb radicalisation of youth in the name of religion and" +"caste." +"The 16th meeting of the NIC was held on 23–09-2013. A" +"Resolution was passed in the meeting to condemn violence, take" +"all measures to strengthen harmonious relationship between all" +"communities, to resolve differences and disputes among the" +"people within the framework of law, to condemn atrocities on" +"Scheduled Castes and Scheduled Tribes, to condemn sexual" +"abuse and to ensure that all women enjoy the fruits of freedom to" +"pursue their social and economic development with equal" +"opportunities, and to safeguard their right of movement in the" +"public space at any time of the day or night." +"" +"Table 78.1 Meetings of the National Integration" +"Meeting Number Held on" +"First Meeting 2nd and 3rd June, 1962" +" Second Meeting 20th to 22nd June, 1968" +"Third Meeting 12th November, 1980" +"Fourth Meeting 21st January, 1984" +"Fifth Meeting 7th April, 1986" +"Sixth Meeting 12th September, 1986" +"Seventh Meeting 11th April, 990" +"Eighth Meeting 22nd September, 1990" +"Ninth Meeting 2nd November, 1991" +"Tenth Meeting 31st December, 1991" +"Eleventh Meeting 18th July, 1992" +"Twelfth Meeting 23rd November, 1992" +"Thirteenth Meeting 31st August, 2005" +"Fourteenth Meeting 13th October, 2008" +"Fifteenth Meeting 10th September, 2011" +"Sixteenth Meeting 23rd September, 2013" +" NATIONAL FOUNDATION FOR COMMUNAL" +"HARMONY" +"" +"The National Foundation for Communal Harmony (NFCH) was set" +"up in 1992. It is an autonomous body under the administrative" +"control of the Union Home Ministry. It promotes communal" +"harmony, fraternity and national integration." +"The vision and mission of the NFCH are as follows:" +"Vision: India free from communal and all other forms of violence" +"where all citizens especially children and youth live together in" +"peace and harmony." +"Mission: Promoting communal harmony, strengthening national" +"integration and fostering unity in diversity through collaborative" +"social action, awareness programs, reaching out to the victims of" +"violence especially children, encouraging interfaith dialogue for" +"India’s shared security, peace and prosperity." +"The activities undertaken by the NFCH are mentioned below:" +"1. To provide financial assistance to the child victims of societal" +"violence for their care, education and training, aimed at their" +"effective rehabilitation" +"2. To promote communal harmony and national integration by" +"organising variety of activities either independently or in" +"association with educational institutions, NGOs & other" +"organisations" +"3. To conduct studies and grant scholarships to institutions /" +"scholars for conducting studies" +"4. To confer awards for outstanding contribution to communal" +"harmony and national integration" +"5. To involve Central / state governments / UT Administrations," +"industrial / commercial organisations, NGOs and others in" +"promoting the objectives of the Foundation" +"6. To provide information services, publish monographs and" +"books, etc. on the subject" +"" +"" +"NOTES AND REFERENCES" +" 1. Myron Weiner: Politics of Scarcity: Public Pressure and" +"Political Response in India, 1963." +"2. H.A. Gani: Muslim Political Issues and National" +"Integration, P. 3." +"3. Rasheeduddin Khan: National Integration and" +"Communal Harmony (in National Integration of India," +"Volume II, Edited by Sinha)." +"4. Kousar J. Azam: Political Aspects of National" +"Integration, P. 82." +"5. B.K. Nehru: The Indira Gandhi Memorial Lectures" +"delivered at the University of Kerala in January, 1988." +"6. It was a three-member commission headed by Fazl Ali." +"Its other two members were K.M. Panikkar and H.N." +"Kunzru." +"7. In 2000, three more new states of Chhattisgarh," +"Uttarakhand and Jharkhand were created out the" +"territories of Madhya Pradesh, Uttar Pradesh and Bihar" +"respectively." +"8. Tamil Nadu Government opposed the three language" +"formula and continued to teach only two languages, that" +"is, English and Tamil in the educational institutions of" +"the state." +" 79 Foreign Policy" +"" +"" +"" +"" +"T" +"he foreign policy of India regulates India’s relations with" +"other states of the world in promoting its national interests." +"It is determined by a number of factors, viz., geography," +"history and tradition, social structure, political organisation," +"international milieu1 , economic position, military strength, public" +"opinion and leadership." +" PRINCIPLES OF INDIAN FOREIGN POLICY" +"" +"1. Promotion of World Peace" +"India’s foreign policy aims at the promotion of international peace" +"and security. Article 51 of the Constitution (Directive Principles of" +"State Policy) directs the Indian State to promote international" +"peace and security, maintain just and honourable relations" +"between nations, foster respect for international law and treaty" +"obligations, and encourage settlement of international disputes by" +"arbitration. Besides peace is necessary to promote the economic" +"development of nations. Jawaharlal Nehru said: “Peace to us is" +"not just a fervent hope; it is emergent necessity”." +"" +"2. Anti-Colonialism" +"The foreign policy of India opposes colonialism and imperialism." +"India views that the colonialism and imperialism leads to" +"exploitation of the weaker nations by the imperialist powers and" +"affects the promotion of international peace. India advocated the" +"liquidation of colonialism in all forms and supported the liberation" +"movement in Afro-Asian countries like Indonesia, Malaya, Tunisia," +"Algeria, Ghana, Namibia and so on. Thus, India expressed her" +"solidarity with the people of Afro-Asian nations in their struggle" +"against colonial and imperialist forces like Britain, France," +"Holland, Portugal and so on. The present neo-colonialism and" +"neo-imperialism is also opposed by India." +"" +"3. Anti-Racialism" +"Opposition to racialism in all its forms is an important aspect of" +"Indian foreign policy. According to India, racialism (i.e.," +"discrimination between people on the basis of race), like" +"colonialism and imperialism, leads to exploitation of the blacks by" +"the whites, social inequity and hinders the promotion of world" +"peace. India strongly criticised the policy of apartheid (racial" +"discrimination) being followed by the white minority racist regime" +"of South Africa. It even snapped diplomatic relations with South" +" Africa in 1954 as a protest against the policy of apartheid2." +"Similarly, India played an important role in the liberation of" +"Zimbabwe (earlier Rhodesia) and Namibia from the white" +"domination." +"" +"4. Non-Alignment" +"When India became independent in 1947, the world was divided" +"into two blocs on ideological basis, namely, the capitalist bloc" +"headed by USA and the communist bloc headed by the former" +"USSR. In such a situation of ‘cold war’, India refused to join any of" +"these two blocs and adopted a policy of non-alignment. In this" +"context, Jawaharlal Nehru observed: “We propose to keep away" +"from the power politics of groups, aligned against one another," +"which have led in the past to world wars and which may again" +"lead to disasters on an even vaster scale. I feel that India can play" +"a big part, and perhaps an effective part, in helping to avoid war." +"Therefore, it becomes all the more necessary that India should not" +"be lined up with any group of power which for various reasons are" +"full of fear of war and prepare for war”." +"“When we say that India follows a policy of non-alignment, it" +"means (i) that India has no military alliances with countries of" +"either bloc or indeed with any nation; (ii) India has an independent" +"approach to foreign policy; and (iii) India attempts to maintain" +"friendly relations with all countries”3 ." +"" +"5. Panchsheel" +"Panchsheel implies the five principles of conduct in international" +"relations. It was embodied in the Preamble of the Indo-China" +"Treaty on Tibet, signed in 1954 by Jawaharlal Nehru and Chou-" +"En-Lai, the Chinese Premier. The five principles were:" +"(i) mutual respect for each other’s territorial integrity and" +"sovereignty;" +"(ii) non-aggression;" +"(iii) non-interference in each other’s internal affairs;" +"(iv) equality and mutual benefit; and" +"(v) peaceful co-existence." +" “India perceived the ‘Panchsheel’ as productive of peaceful" +"cooperation of sovereign nations instead of the balance of terror" +"and the degrading cold war tensions, being brought about by the" +"rival great power pacts and alliances. India explained it as based" +"on the concept of universalism as against the concept of the" +"balance of power”4 ." +"Panchsheel became very popular and many countries of the" +"world like Burma, Yugoslavia, Indonesia and so on adopted it." +"Panchsheel and non-alignment are the greatest contributions of" +"India to the theory and practice of international relations." +"" +"6. Afro-Asian Bias" +"Even though the foreign policy of India stands for maintaining" +"friendly relations with all the countries of the world, it has always" +"exhibited a special bias towards the Afro-Asian nations. It aims at" +"promoting unity among them and tries to secure for them a voice" +"and an influence in the international bodies. India has been" +"seeking international assistance for the economic development of" +"these countries. In 1947, India called the first Asian Relations" +"Conference in New Delhi. In 1949, India brought together the" +"Asian countries on the burning issue of Indonesian freedom. India" +"played an active role in the Afro-Asian Conference at Bandung" +"(Indonesia) in 1955. India also played an important role in the" +"formation of Group of 77 (1964), Group of 15 (1990), Indian" +"Ocean Rim Association for Regional Cooperation (1995), BIST" +"Economic Cooperation (1997), and SAARC (1985). India earned" +"the name of ‘Big Brother’ from many of the neighbouring" +"countries." +"" +"7. Links with Commonwealth" +"In 1949 itself, India declared the continuation of her full" +"membership of the Commonwealth of the Nations and the" +"acceptance of the British Crown as the head of the" +"Commonwealth. But, this extra-constitutional declaration does not" +"affect India’s sovereignty in any manner as the Commonwealth is" +"a voluntary association of independent nations. It also does not" +"affect India’s republican character as India neither pays final" +" allegiance to the British Crown nor the latter has any functions to" +"discharge in relation to India." +"India remained a member of the Commonwealth because of" +"pragmatic reasons. It thought that the membership in the" +"Commonwealth would be beneficial to her in the economic," +"political, cultural and other spheres. It has been playing an" +"important role at the CHOGM (Commonwealth Heads of" +"Governments Meet). India hosted the 24th Commonwealth" +"Summit at New Delhi in 1983." +"" +"8. Support to the UNO" +"India became a member of the UNO in 1945 itself. Since then, it" +"has been supporting the activities and programmes of UNO. It has" +"expressed full faith in the objectives and principles of UNO. Some" +"of the facets of India’s role in UNO are:" +"(i) It is through the UNO that India embarked on the policy of" +"fighting against the colonialism, imperialism and racialism," +"and now neo-colonialism and neo-imperialism." +"(ii) In 1953, Vijay Lakshmi Pandit of India was elected as the" +"President of the UN General Assembly." +"(iii) India actively participated in the UN Peace-keeping missions" +"in Korea, Congo, El Salvador, Combodia, Angola, Somalia," +"Mozambique, Sierra Leone, Yugoslavia and so on." +"(iv) India continued to participate actively in the open ended" +"working groups of the UNO. India was the Co-chairman of the" +"working group on the strengthening of the UN which" +"submitted its report in 1997." +"(v) Several times, India has been a nonpermanent member of" +"the UN Security Council. Now, India is demanding a" +"permanent seat in the Security Council." +"" +"9. Disarmament" +"The foreign policy of India is opposed to arms race and advocates" +"disarmament, both conventional and nuclear. This is aimed at" +"promoting world peace and security by reducing or ending" +"tensions between power blocs and to accelerate economic" +"development of the country by preventing the unproductive" +" expenditure on the manufacture of arms. India has been using the" +"UNO platform to check the arms race and to achieve" +"disarmament. India took the initiative of holding a six-nation" +"summit at New Delhi in 1985 and made concrete proposals for" +"nuclear disarmament." +"By not signing the Nuclear Nonproliferation Treaty (NPT) of" +"1968 and the Comprehensive Test Ban Treaty (CTBT) of 1996," +"India has kept its nuclear options open. India opposes NPT and" +"CTBT due to their discriminatory and hegemonistic nature. They" +"perpetuate an international system in which only five nations" +"(USA, Russia, China, UK and France) can legitimately posses" +"nuclear weapons." +" OBJECTIVES OF INDIAN FOREIGN POLICY" +"" +"India’s foreign policy is directed towards the realisation of the" +"following objectives5 :" +"1. To protect India’s core national interests and concerns in a" +"rapidly changing international environment by fostering" +"support and understanding in the international community." +"2. To preserve the autonomy of the decision making process" +"and to play a pioneering role in the establishment of a" +"stable, prosperous and secure global order." +"3. To strengthen the international campaign against terrorism" +"which is a global threat." +"4. To build an international environment which is supportive of" +"India’s rapid economic growth including higher investments," +"trade, access to technology and strengthening India’s" +"energy security." +"5. To work closely with P-5 countries and to build strategic ties" +"with the major powers such as the USA, the EU, Japan," +"Russia, and China." +"6. To intensify and strengthen ties with neighbours through" +"mutually beneficial cooperation and by acknowledgement of" +"each other’s legitimate concerns." +"7. To work for the realisation of SAARC as an economically" +"integrated region at peace with itself and engaged with the" +"world." +"8. To ensure that cross-border terrorism is brought to an end" +"and the entire infrastructure of terrorism operating from" +"Pakistan is dismantled." +"9. To further the gains from India’s ‘Act East’ Policy (erstwhile" +"‘Look East’ Policy) and aspire for substantive progress in" +"several areas of common interest to India and ASEAN." +"10. To strengthen our ties with the countries of the Gulf region" +"that has become home to over 4 million Indians and is a" +"major source of supply of oil and gas." +"11. To leverage economic growth through support to the" +"activities of regional organisations like the Bay of Bengal" +"Initiative for Multi-Sectoral Technical and Economic" +" Cooperation (BIMSTEC), Mekong-Ganga Cooperation and" +"trans-regional groupings like the India, Brazil and South" +"Africa (IBSA) Initiative and Indian Ocean Rim Association for" +"Regional Cooperation (IOR-ARC)." +"12. To continue to work closely with regional groupings like the" +"EU and G-20 for furthering India’s interests in the" +"international arena." +"13. To reform and restructure the UN Security Council and" +"espouse multi-polarity in a world order that respects the" +"principles of sovereignty and non-intervention." +"14. To promote a more equitable equation between the" +"developed and the developing world in the political," +"economic and technological domains." +"15. To work towards the goal of global nuclear disarmament" +"within a timebound framework." +"16. To closely interact with the Indian diaspora on a continuing" +"basis in order to strengthen their bonds with India and to" +"recognise their pivotal role in India’s international relations." +" GUJRAL DOCTRINE OF INDIA" +"" +"The Gujral Doctrine is a milestone in India’s foreign policy. It was" +"propounded and initiated in 1996 by I.K. Gujral, the then Foreign" +"Minister in the Deve Gowda Government." +"The doctrine advocates that India, being the biggest country in" +"South Asia, should extend unilateral concessions to the smaller" +"neighbours. In other words, the doctrine is formulated on India’s" +"accommodating approach towards its smaller neighbours on the" +"basis of the principle of non-reciprocity. It recognises the supreme" +"importance of friendly and cordial relations with India’s" +"neighbours." +"The doctrine is a five-point roadmap to guide the conduct of" +"India’s foreign relations with its immediate neighbours. These five" +"principles are as follows:" +"1. With the neighbours like Bangladesh, Bhutan, Maldives," +"Nepal and Sri Lanka, India should not ask for reciprocity, but" +"give to them what it can in good faith." +"2. No South Asian country should allow its territory to be used" +"against the interest of another country of the region." +"3. No country should interfere in the internal affairs of another" +"country." +"4. All South Asian countries should respect each other’s" +"territorial integrity and sovereignty." +"5. All South Asian countries should settle all their disputes" +"through peaceful bilateral negotiations." +"Gujral himself explained: “The logic behind the Gujral Doctrine" +"was that since we had to face two hostile neighbours in the north" +"and the west, we had to be at ‘total peace’ with all other" +"immediate neighbours in order to contain Pakistan’s and China’s" +"influence in the region.”" +" NUCLEAR DOCTRINE OF INDIA" +"" +"India adopted its nuclear doctrine in 2003. The salient features of" +"this doctrine are as follows:" +"1. Building and maintaining a credible minimum deterrent." +"2. A posture of “No First Use” - nuclear weapons will only be" +"used in retaliation against a nuclear attack on Indian territory" +"or on Indian forces anywhere." +"3. Nuclear retaliation to a first strike will be massive and" +"designed to inflict unacceptable damage." +"4. Nuclear retaliatory attacks can only be authorised by the" +"civilian political leadership through the Nuclear Command" +"Authority." +"5. Non-use of nuclear weapons against nonnuclear weapon" +"states." +"6. However, in the event of a major attack against India, or" +"Indian forces anywhere, by biological or chemical weapons," +"India will retain the option of retaliating with nuclear" +"weapons." +"7. A continuance of strict controls on export of nuclear and" +"missile related materials and technologies, participation in" +"the Fissile Material Cutoff Treaty negotiations, and continued" +"observance of the moratorium on nuclear tests." +"8. Continued commitment to the goal of a nuclear-weapon-free" +"world, through global, verifiable and non-discriminatory" +"nuclear disarmament." +"The Nuclear Command Authority comprises a Political Council" +"and an Executive Council. The Political Council is chaired by the" +"Prime Minister. It is the sole body which can authorise the use of" +"nuclear weapons." +"The Executive Council is chaired by the National Security" +"Advisor. It provides inputs for decision making by the Nuclear" +"Command Authority and executes the directives given to it by the" +"Political Council." +"The Cabinet Committee on Security (CCS) reviewed the" +"progress in the operationalising of India’s nuclear doctrine. The" +"CCS reviewed the existing command and control structures, the" +" state of readiness, the targeting strategy for a retaliatory attack," +"and operating procedures for various stages of alert and launch." +"The CCS expressed satisfaction with the overall preparedness." +"The CCS approved the appointment of a Commander-in-Chief," +"Strategic Forces Command, to manage and administer all" +"Strategic Forces. The CCS also reviewed and approved the" +"arrangements for alternate chains of command for retaliatory" +"nuclear strikes in all eventualities." +" CONNECT CENTRAL ASIA POLICY OF INDIA" +"" +"India launched the “Connect Central Asia” Policy in 2012. This" +"policy is aimed at strengthening and expanding of India’s relations" +"with the Central Asian countries. These countries include" +"Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and" +"Uzbekistan." +"India’s “Connect Central Asia” policy is a broad-based" +"approach including political, security, economic and cultural" +"connections. Its features (or elements) are as follows6 :" +"1. India will continue to build on its strong political relations" +"through the exchange of high level visits. India’s leaders will" +"continue to interact closely both in bilateral and multilateral" +"fora." +"2. India will strengthen its strategic and security cooperation." +"India already has strategic partnerships with some Central" +"Asian countries. The focus will be on military training, joint" +"research, counter-terrorism coordination and close" +"consultations on Afghanistan." +"3. India will step up multilateral engagement with Central Asian" +"partners using the synergy of joint efforts through existing" +"fora like the SCO, Eurasian Economic Community (EEC)" +"and the Custom Union. India has already proposed a" +"Comprehensive Economic Cooperation Agreement to" +"integrate its markets with the unifying Eurasian space." +"4. India looks to Central Asia as a longterm partner in energy," +"and natural resources. Central Asia possesses large" +"cultivable tracts of land and there is potential for India to" +"cooperate in production of profitable crops with value" +"addition." +"5. The medical field is another area that offers huge potential" +"for cooperation. India is ready to extend cooperation by" +"setting up civil hospitals/clinics in Central Asia." +"6. India’s higher education system delivers at a fraction of the" +"fees charged by Western universities. Keeping this in mind," +"India would like to assist in the setting up of a Central Asian" +"University in Bishkek that could come up as a centre of" +" excellence to impart world class education in areas like IT," +"management, philosophy and languages." +"7. India is working on setting up a Central Asian e-network with" +"its hub in India, to deliver, tele-education and tele-medicine" +"connectivity, linking all the five Central Asian States." +"8. Indian companies can showcase India’s capability in the" +"construction sector and build world class structures at" +"competitive rates. Central Asian countries, especially" +"Kazakhstan, have almost limitless reserves of iron ore and" +"coal, as well as abundant cheap electricity. India can help" +"set up several medium size steel rolling mills, producing its" +"requirement of specific products." +"9. As for land connectivity, India has reactivated the" +"International North-South Transport Corridor (INSTC). There" +"is a need to discuss ways to bridge the missing links in the" +"Corridor at the earliest and also work on other connecting" +"spurs along the route." +"10. Absence of a viable banking infrastructure in the region is a" +"major barrier to trade and investment. Indian banks can" +"expand their presence if they see a favourable policy" +"environment." +"11. India and Central Asian nations will jointly work to improve" +"air connectivity between them. India is one of the biggest" +"markets for outbound travelers estimated at USD 21 billion" +"in 2011. Many countries have opened tourist offices in India" +"to woo Indian tourists. Central Asian countries could emerge" +"as attractive holiday destinations for tourists and even for the" +"Indian film industry which likes to depict exotic foreign" +"locales in its films." +"12. Connections between the people are the most vital linkages" +"to sustain the deep engagement. There is particularly need" +"to emphasise exchanges between youth and the future" +"leaders of India and Central Asia. There is already a robust" +"exchange of students. India and Central Asian nations will" +"encourage regular exchanges of scholars, academics, civil" +"society and youth delegations to gain deeper insights into" +"each other’s cultures." +" India’s “Connect Central Asia” policy is consonant with its" +"overall policy of deepening engagement in Eurasia, its policy of" +"strengthening relations with China, with Pakistan, and building on" +"its traditional relationship with Russia. India hopes that its" +"membership in numerous regional forums including at the SCO," +"would bolster India’s renewed linkages with the region." +" ACT EAST POLICY OF INDIA" +"" +"In 2014, the Modi Government upgraded India’s “Look East" +"Policy” and re-named it as the “Act East Policy”. The “Look East" +"Policy” was first initiated in 1992 by the then Prime Minister P.V." +"Narasimha Rao." +"While addressing the India-ASEAN Summit (2014), the Prime" +"Minister Narendra Modi said : “A new era of economic" +"development, industrialization and trade has begun in India." +"Externally, India’s ‘Look East Policy’ has become ‘Act East" +"Policy’”. Similarly, the External Affairs Minister Sushma Swaraj," +"during her visit to Vietnam in 2014, told Indian envoys to ‘Act East’" +"and not just ‘Look East’." +"The features (or elements) of India’s “Act East Policy” are as" +"follows7 :" +"1. India’s Act East Policy focusses on the extended" +"neighbourhood in the Asia-Pacific region. The policy which" +"was originally conceived as an economic initiative, has" +"gained political, strategic and cultural dimensions including" +"establishment of institutional mechanisms for dialogue and" +"cooperation." +"2. India has upgraded its relations to strategic partnership with" +"Indonesia, Vietnam, Malaysia, Japan, Republic of Korea," +"Australia, Singapore and Association of Southeast Asian" +"Nations (ASEAN) and forged close ties with all countries in" +"the Asia-Pacific region." +"3. Further, apart from ASEAN, ASEAN Regional Forum (ARF)" +"and East Asia Summit (EAS), India has also been actively" +"engaged in regional fora such as Bay of Bengal Initiative for" +"Multi-Sectoral Technical and Economic Cooperation" +"(BIMSTEC), Asia Cooperation Dialogue (ACD), Mekong" +"Ganga Cooperation (MGC) and Indian Ocean Rim" +"Association (IORA)." +"4. Act East Policy has placed emphasis on India-ASEAN" +"cooperation in our domestic agenda on infrastructure," +"manufacturing, trade, skills, urban renewal, smart cities," +"Make in India and other initiatives. Connectivity projects," +" cooperation in space, S&T and people-to-people exchanges" +"could become a springboard for regional integration and" +"prosperity." +"5. The objective of ‘’Act East Policy” is to promote economic" +"cooperation, cultural ties and develop strategic relationship" +"with countries in the Asia-Pacific region through continuous" +"engagement at bilateral, regional and multilateral levels" +"thereby providing enhanced connectivity to the States of" +"North Eastern Region including Arunanchal Pradesh with" +"other countries in our neighbourhood." +"6. The North East of India has been a priority in our Act East" +"Policy. The policy provides an interface between North East" +"India including the state of Arunachal Pradesh and the" +"ASEAN region." +"7. Various plans at bilateral and regional levels include steady" +"efforts to develop and strengthen connectivity of Northeast" +"with the ASEAN region through trade, culture, people-to-" +"people contacts and physical infrastructure (road, airport," +"telecommunication, power, etc.)." +"8. On the Civilizational front, Buddhist and Hindu links are" +"being energized to develop new contacts and connectivity" +"between people." +"9. On Connectivity, special efforts are being made to develop a" +"coherent strategy, particularly for linking ASEAN with North" +"East India. Measures, including building transport" +"infrastructure, encouraging airlines to enhance connectivity" +"in the region, contacts between academic and cultural" +"institutions are underway." +"10. India’s economic engagement with ASEAN has been" +"stepped up - regional integration and implementation of" +"projects are priorities. The ASEAN-India Agreement on" +"Trade in Service and Investments has entered into force for" +"India and seven ASEAN countries from 1 July 2015." +"11. On strategic issues, India has increased convergence on" +"security interests with key partners both in bilateral and" +"multilateral format. Closer cooperation in combating" +"terrorism, collaborating for peace and stability in the region" +" and promotion of maritime security based on international" +"norms and laws are being pursued." +"" +"" +"NOTES AND REFERENCES" +"1. It includes world political climate, world public opinion" +"and world organisations." +"2. India again re-established full diplomatic relations with" +"South Africa in 1994 when the policy of racial" +"discrimination was finally given up and democratic" +"government under Nelson Mandela came into" +"existence." +"3. A.S. Narang: Indian Government and Politics, Gitanjali," +"2000 Edition, p. 602." +"4. D.N. Mallik: The Development of Non-Alignment in" +"India’s Foreign Policy, p. 165." +"5. India 2009: A Reference Manual, Publications Division," +"Government of India, p. 530." +"6. Based on Keynote address delivered by Minister of" +"State for External Affairs, E. Ahamed, at the first India-" +"Central Asia Dialogue, June 12, 2012 at Bishkek," +"Kyrgyzstan." +"7. Press Information Bureau, Government of India," +"December 23, 2015." +" PART-XI" +"WORKING OF THE CONSTITUTION" +"" +"80. National Commission to Review the Working of the" +"Constitution" +" 80 National Commission to Review the" +"Working of the Constitution" +"" +"" +"" +"" +"T" +"he National Commission to Review the Working of the" +"Constitution (NCRWC) was set up by a resolution of the" +"Government of India in 20001. The 11-member" +"Commission was headed by M.N. Venkatachaliah, the former" +"Chief Justice of India2. It submitted its report in 20023 ." +" I. TERMS OF REFERENCE OF THE COMMISSION" +"" +"According to the terms of reference, the commission was required" +"to examine, in the light of the experience of the past fifty years, as" +"to how far the existing provisions of the Constitution are capable" +"of responding to the needs of efficient, smooth and effective" +"system of governance and socioeconomic development of" +"modern India and to recommend changes, if any. The terms of" +"reference clearly specified that the commission should" +"recommend changes that are required to be made in the" +"Constitution within the framework of parliamentary democracy and" +"without interfering with the ‘basic structure’ or ‘basic features’ of" +"the Constitution." +"The commission clarified that its task was to review the working" +"of the Constitution and not to rewrite it and its function was only" +"recommendatory and advisory in nature. It was left to the" +"Parliament to accept or reject any of the recommendations." +"The commission had no agenda before it. On its own, it" +"identified the eleven areas of study and proposed to examine" +"them. They included the following4 :" +"1. Strengthening of the institutions of parliamentary democracy" +"(working of the Legislature, the Executive and the Judiciary;" +"their accountability; problems of administrative, social and" +"economic cost of political instability; exploring the" +"possibilities of stability within the discipline of parliamentary" +"democracy)." +"2. Electoral reforms; standards in political life." +"3. Pace of socio-economic change and development under the" +"Constitution (assurance of social and economic rights: how" +"fair? how fast? how equal?)." +"4. Promoting literacy; generating employment; ensuring social" +"security; alleviation of poverty." +"5. Union-State relations." +"6. Decentralization and devolution; empowerment and" +"strengthening of Panchayati Raj Institutions." +"7. Enlargement of Fundamental Rights." +"8. Effectuation of Fundamental Duties." +" 9. Effectuation of Directive Principles and achievement of the" +"Preambular objectives of the Constitution." +"10. Legal control of fiscal and monetary policies; public audit" +"mechanism." +"11. Administrative system and standards in public life." +" II. FIFTY YEARS OF WORKING OF THE" +"CONSTITUTION" +"" +"The observations made by the Commission on the working of the" +"Constitution from 1950 to 2000 are as follows5 :" +"What are our achievements and failures over the 50 years" +"since Independence? How have each of the three organs of the" +"State–the Legislature, the Executive and the Judiciary– redeemed" +"the constitutional pledge of ushering in a social revolution? Has" +"the dream of the founding fathers for a life of dignity to the vast" +"millions through the process of socioeconomic transformation" +"been realized ? What then is the Balance Sheet?" +"" +"1. Political Accomplishments" +"1. India’s democratic base has stabilized as a working federal" +"polity. With the 73rd and 74th Constitutional amendments, the" +"base of democratic debate has widened. There is greater" +"push towards noncentralisation. General Elections have" +"been held with regularity; and transfers of power consequent" +"upon the results of elections have been orderly, peaceful" +"and democratic." +"2. The educational qualifications of the Members of Parliament" +"and State Legislatures have shown marked improvements." +"The Parliament and State Legislatures are increasingly more" +"representative of the composition of society. More and more" +"members of the hitherto backward classes are moving up in" +"the political ladder." +"" +"2. Economic Infrastructure–Impressive Performance" +"1. There has been marked expansion and diversification of" +"production. New technologies and modern management" +"techniques are increasingly employed. There are marked" +"advances in Science, Technology, Medicine, Engineering" +"and Information Technology." +"2. Between 1950–2000, the index of agricultural production" +"increased from 46.2 to 176.8." +" 3. Between 1960–2000, wheat production went up from 11" +"million tonnes to 75.6 million tonnes." +"4. Between 1960–2000, rice production went up from 35 million" +"tonnes to 89.5 million tonnes." +"5. Impressive expansion of industrial and service sectors has" +"taken place." +"6. Index of industrial production went up from 7.9 in 1950–51 to" +"154.7 in 1999–2000." +"7. Electricity generation has increased from 5.1 billion KWH in" +"1950–51 to 480.7 billion KWH in 1999–2000." +"8. 6 to 8 per cent annual growth of GNP between 1994–2000" +"(except in 1997–98) was achieved." +"9. Revenues from Information Technology industry have grown" +"from $ 150 million in 1990 to $ 4 billion in 1999." +"10. India’s per capita Net National Product (NNP) in 1999–2000" +"was more than 2.75 times than what it was in 1951." +"" +"3. Social Infrastructure– Achievements" +"1. Between 1950 to 1998, infant mortality rate have halved to" +"72 births per 1000 births–down from 146." +"2. Life expectancy at birth has grown up from 32 years in" +"1950–51 to 63 years in 2000." +"3. A child born in Kerala today can expect to live longer than a" +"child born in Washington." +"4. Life expectancy of women in Kerala is now 75 years." +"5. India has put in place an extensive system of Public Health" +"Services and medical network. In 1951, the country had only" +"725 primary health centers. By 1995, this has increased to" +"more than 1,50,000." +"6. The number of primary schools has increased significantly" +"between 1951 and 1995 from 2,10,000 to 5,90,000." +"7. Nearly 95 per cent of the villages have a primary school" +"within a walking distance of one kilometer." +"" +"4. Political Failures" +"1. The main cause and source of politicaldecay is the" +"ineptness of the electoral process which has not been able" +" to keep out criminal, anti-social and undesirable elements" +"from participating in and even dominating the political scene" +"and polluting the electoral and parliamentary processes." +"2. Though democratic traditions are stabilizing, however," +"democracy cannot be said to be an inclusive representative" +"democracy. The pluralism and diversity of India is not" +"reflected in and captured by its democratic institutions;" +"likewise, participation of women in public affairs and" +"decision-making processes is nowhere near proportionate to" +"their numbers." +"3. The enormity of the costs of elections and electoral" +"corruption have been having a grievous deleterious effect on" +"national progress and has led to the degradation of political" +"processes to detriment of common good." +"4. Political parties, which have a fair share of the criminal" +"elements, handle enormous funds collected ostensibly for" +"meeting party and electoral expenditure. Money-power and" +"criminal elements have contributed to pervasive" +"degeneration of standards in public life and have" +"criminalized politics. This is reflected in the quality of" +"governments and of the governing processes." +"5. There are no legal instrumentalities or set of law regulating" +"the conduct of the political parties, legitimacy of fundraising," +"audit and account requirements and inner-party democracy." +"6. National political parties are more divided on the definition of" +"‘common national purpose’ than ever before; the noble" +"purposes of public life have degenerated than ever before" +"into opportunistic and self-seeking politics of competitive" +"personal gain." +"7. ‘Fraternity’, the noble ideal of brotherhood of man, enshrined" +"in the Preamble of the Constitution has remained unrealized." +"The people of India are more divided amongst themselves" +"than at the time of the country’s independence." +"8. There is increasing criminalization and exploitation of the" +"political climate and processes and an increasing criminals-" +"politicians-bureaucratic nexus." +"9. There is crisis of confidence. There is crisis of leadership." +"Political leaders, owing to narrow partisan and sectarian" +" interests and desire for short-time political gains, are unable" +"even to agree upon broad common national purposes." +"" +"5. Economic Failures" +"1. The richest top quintile of population has 85 per cent of the" +"income. The poorest quintile has only 1.5 per cent of the" +"country’s income. The second, the third and the fourth" +"quintile from top have respectively 8 per cent, 3.5 per cent" +"and 2 per cent of the income." +"2. 260 million people live below the poverty line." +"" +"6. Social Failures" +"1. India’s maternal mortality rate in 1998 was 407 per 100,000" +"live births. These levels are more than 100 times the levels" +"found in the West." +"2. Some 53 per cent children (almost 60 million) under five" +"remain malnour-ished–nearly twice the levels reported in" +"many parts of sub-Saharan Africa." +"3. The proportion of low birth weight babies born in India is 33" +"per cent. It is only 9 per cent in China and South Korea, 6" +"per cent in Thailand and 8 per cent in Indonesia." +"4. India was a signatory to the Alma Ata Declaration in 1978" +"that assured ‘health for all’ by the year 2000. Only 42 per" +"cent of the children between 12–23 months are fully" +"immunized - 37 per cent in rural areas and 61 per cent in" +"urban areas. The coverage is shockingly low in Bihar - 11" +"per cent and in Rajasthan - 17 per cent." +"5. While per capita daily consumption of cereals has improved" +"only marginally from 400 gms in 1950 to about 440 gms in" +"2000, the per capita pulses (protein intake) have over the 50" +"years decreased." +"6. The promise of social revolution has remained unredeemed." +"There are 270 million Scheduled Castes and Scheduled" +"Tribes and the measures for their welfare and uplift have not" +"been implemented with sincerity." +"7. There are 380 million children below the age of 14. Almost" +"100 million of them are Dalit children. No effective steps are" +" taken to bring them to the level of the “core-mainstream”." +"8. Population control measures in the northern States have not" +"succeeded. Fertility rates in Uttar Pradesh indicate that the" +"State is almost a century behind Kerala." +"" +"7. Administrative Failures" +"1. Corruption, insensitivity and inefficiency of administration" +"have resulted in extralegal systems and parallel economies" +"and even parallel governments. Bureaucratic corruption," +"which cause frustration in people in their daily lives, has" +"pushed more and more people into extralegal systems. The" +"mal-administration has resulted in a lack of faith in and" +"disenchantment with institutions of democracy." +"2. There is an increasing non-accountability. Corruption has" +"been pervasive. Public interest has suffered." +"3. Constitutional protection for the Services under Article 311" +"has largely been exploited by dishonest officials to protect" +"themselves from the consequences of their wrong-doings." +"" +"8. Gender Justice and Equality– Failures" +"1. The regional disparities in life expectancy is indicated by the" +"fact that a woman born in Kerala can expect to live 18 years" +"longer than one born in Madhya Pradesh." +"2. In most countries life expectancy among women exceeds" +"that of men by about 5 years. In all but a few countries of the" +"world, there are typically 1005 women for every 1000 men." +"Men outnumber women only in societies where women are" +"specifically and systematically discriminated. In India, there" +"are only 933 women for every 1000 men. This is the" +"phenomenon about ‘missing’ women." +"3. Overall representation of women in public services is just 4.9" +"per cent." +"4. Political participation of women indicates that in 1952 there" +"were only 22 women in Lok Sabha against 499 seats (4.41" +"per cent). In 1991, this increased to 49 seats as against 544" +"seats (9.02 per cent)." +" 5. Between 1995–2000, out of 503 judges of the High Court," +"only 15 were women." +"" +"9. Judicial System–Failures" +"1. Judicial system has not been able to meet even the modest" +"expectations of the society. Its delays and costs are" +"frustrating, its processes slow and uncertain." +"2. People are pushed to seek recourse to extra-legal methods" +"for relief." +"3. Trial system both on the civil and criminal side has utterly" +"broken down." +"On an overall assessment, there are more failures than" +"success stories, making the inference inescapable that the fifty" +"years of the working of the Constitution is substantially a saga of" +"missed opportunities." +" III. AREAS OF CONCERN: COMMISSION’S" +"PERCEPTION" +"" +"The following are the important areas of concern according to the" +"perception of the Commission6 :" +"1. There is a fundamental breach of the constitutional faith on" +"the part of Governments and their method of governance" +"lies in the neglect of the people who are the ultimate source" +"of all political authority. Public servants and institutions are" +"not alive to the basic imperative that they are servants of the" +"people meant to serve them. The dignity of the individual" +"enshrined in the Constitution has remained an unredeemed" +"pledge. There is, thus, a loss of faith in the Governments" +"and governance. Citizens see their Governments besieged" +"by uncontrollable events and are losing faith in institutions." +"Society is unable to cope up with current events." +"2. The foremost area of concern is the present nature of the" +"Indian State and its inability to anticipate and provide for the" +"great global forces of change ushered in by the pace of" +"scientific and technological developments." +"3. The next and equally important dimension is the increasing" +"cost of government and fiscal deficits which are alarming. In" +"1947, there was a deficit of ₹2 crores in the revenue budget;" +"in 1997–98, it became ₹88,937 crores; in 2001–02, it is" +"about ₹1,16,000 crores (4.8 per cent of GDP). India is on its" +"way to a debt-trap." +"4. There is pervasive impurity of the political climate and of" +"political activity. Criminalisation of politics, politicalcorruption" +"and the politician-criminal-bureaucratic nexus have reached" +"unprecedented levels needing strong systemic changes." +"5. Issues of national integrity and security have not received" +"adequate and thoughtful attention. Mechanisms for the" +"assessment of early warning symptoms of social unrest are" +"absent. Mechanisms for adequate and immediate state" +"responses to emergencies and disaster management are" +"wholly inadequate. Administration, as a system for" +"anticipating coming events and planning responses in" +" advance, has failed. It has become un-coordinated and" +"directionless amalgam of different departments often with" +"over-lapping and even mutually conflicting jurisdictions," +"powers and responsibilities which merely acts as a reaction" +"to problems. There are no clear-cut standards or basis for" +"fixing responsibilities." +"6. Though India’s overall record and experience as a working" +"democracy (despite many centrifugal forces) are worthy to" +"mention and though the bases of democratic debate have" +"widened with the 73rd and 74th Constitutional amendments," +"the working of the institutions of parliamentary democracy," +"however, have thrown-up serious fault-lines, which might, if" +"unattended, prove destructive of the basic democratic" +"values." +"7. There is pervasive misuse of the electoral process and the" +"electoral system is unable to prevent the entry of persons" +"with criminal record into the portal of law-making institutions." +"8. The Parliament and the State Legislatures, owing to the" +"inherent weakness of the electoral system, have failed to" +"acquire adequate representative character. The 13th Lok" +"Sabha represents only 27.9 per cent of the total electorate" +"and the Legislature of U.P. represents only 22.2 per cent of" +"electorate respectively." +"9. The increasing instability of the elected governments is" +"attributable to opportunistic politics and unprincipled" +"defections. The economic and administrative costs of" +"political instability are unaf-fordably high and their impact on" +"the polity is not clearly comprehended and realized. Though" +"just four Prime Ministers ruled the country for 40 years out of" +"the 54 years of independence and one political party alone" +"was in power for 45 years, however, 1989 onwards the" +"country saw five General Elections to the Lok Sabha. Costs" +"of this political instability are simply colossal." +"10. The state of the Indian economy is disturbing. The economy" +"is gradually sinking into a debt-trap. Economic, fiscal and" +"monetary policies, coupled with administrative inefficiency," +"corruption and wasteful expenditure are increasingly pushing" +"the society into extra-legal systems, crime-syndicates, mob-" +" rule and hoodlum out-fits. Black-money, parallel economy" +"and even parallel governments are the overarching" +"economic and social realities. Legitimate governments will," +"in due course, find it increasingly difficult to confront them. In" +"course of time these illegal criminal out-fits will dictate terms" +"to the legitimate governments." +"11. Rural de-population, urbanization, urban-congestion and" +"social unrest need immediate attention and solutions." +"Increasing unemployment will prove a serious threat to" +"orderly government." +"12. Future of society is increasingly knowledge-based and" +"knowledge-driven. The quality of education and the higher" +"research need urgent repair. The country is engaged in a" +"unilateral and unthinking educational disarmament." +"13. System of administration of justice in the country is another" +"area of concern." +"14. Criminal justice system is on the verge of collapse. The" +"quality of investigations and prosecutions requires a strong" +"second look. Law’s delay and costs of litigation have" +"become proverbial. Victimology, victim-protection and" +"protection of witnesses in sensitive criminal-trials need" +"institutional arrangements. Recruitment, training, refresher" +"and continuing legal education for lawyers, judges and" +"judicial administrators need immediate attention. The" +"increasing utilization of alternative dispute resolution" +"mechanisms such as mediation, conciliation and arbitration" +"as well as mechanisms of auxiliary adjudicative services" +"need to be stressed." +"15. Communal and other inter-group riots in a country like India" +"with its religious, social and cultural diversity cannot be" +"treated as merely law and order problem. They are" +"manifestations of collective behavioural disorders. Legal and" +"administrative measures are required to be taken to remove" +"the insecurity felt by the minorities and for bringing them into" +"the mainstream of the national fabric." +"16. The state of social infrastructure is disturbing. There are 380" +"million children below the age of 14. The arrangements for" +"their education, health and well-being are wholly inadequate" +" both qualitatively and quantitatively. 96.4 per cent of the" +"primary education budget goes for salaries alone." +"17. Rates of infant mortality, blindness, maternal mortality," +"maternal-anemia, child malnutrition and child-immunization," +"despite significant progress achieved, yet remain at high and" +"disconcerting levels." +"18. Public health and hygiene have not received adequate" +"attention. There is alarming increase of infectious diseases" +"such as Tuberculosis, Malaria, Hepatitis, HIV etc." +" IV. RECOMMENDATIONS OF THE COMMISSION" +"" +"In all, the commission made 249 recommendations. Of them, 58" +"recommendations involve amendments to the Constitution, 86" +"involve legislative measures and the remaining 105" +"recommendations could be accomplished through executive" +"action." +"The various recommendations of the commission are" +"mentioned below in an area-wise manner7 :" +"" +"1. On Fundamental Rights" +"1. The scope of prohibition against discrimination (under" +"Articles 15 and 16) should be extended to include ‘ethnic or" +"social origin, political or other opinion, property or birth’." +"2. The freedom of speech and expression (under Article 19)" +"should be expanded to include explicitly ‘the freedom of the" +"press and other media, the freedom to hold opinions and to" +"seek, receive and impart information and ideas’." +"3. The following should be added as new Fundamental Rights:" +"(a) Right against torture, cruelty and inhuman treatment or" +"punishment." +"(b) Right to compensation if a person is illegally deprived of" +"his right to life or liberty." +"(c) Right to leave and to return to India." +"(d) Right to privacy and family life." +"(e) Right to rural wage employment for a minimum of 80" +"days in a year." +"(f) Right to access to courts and tribunals and speedy" +"justice." +"(g) Right to equal justice and free legal aid8 ." +"(h) Right to care and assistance and protection (in case of" +"children)." +"(i) Right to safe drinking water, prevention of pollution," +"conservation of ecology and sustainable development." +"4. The right to education (under Article 21-A) should be" +"enlarged to read as: ‘Every child shall have the right to free" +"education until he completes the age of fourteen years; and" +" in the case of girls and members of the SCs and STs until" +"they complete the age of eighteen years’." +"5. Two changes should be made with respect to preventive" +"detention (under Article 22), namely, (i) the maximum period" +"of preventive detention should be six months; and (ii) the" +"advisory board should consist of a chairman and two other" +"members and they should be serving judges of any high" +"court." +"6. Sikhism, Jainism and Buddhism should be treated as" +"religions separate from Hinduism and the provisions" +"grouping them together (under Article 25) should be deleted." +"At present, the word ‘Hindu’ is defined to include these" +"religions also." +"7. The protection from judicial review afforded by Article 31-B" +"to the Acts and Regulations specified in the Ninth Schedule" +"should be restricted to only those which relate to (i) agrarian" +"reforms, (ii) reservations, and (iii) the implementation of" +"Directive Principles specified in clause (b) or (c) of Article 39." +"8. No suspension of the enforcement of the Fundamental" +"Rights under Articles 17, 23, 24, 25 and 32 in addition to" +"those under Articles 20 and 21 during the operation of a" +"national emergency (under Article 352)." +"" +"2. On Right to Property" +"Article 300-A should be recast as follows:" +"1. Deprivation or acquisition of property shall be by authority of" +"law and only for a public purpose." +"2. There shall be no arbitrary deprivation or acquisition of" +"property." +"3. No deprivation or acquisition of agricultural, forest and non-" +"urban homestead land belonging to or customarily used by" +"the SCs and STs shall take place except by authority of law" +"which provides for suitable rehabilitation scheme before" +"taking possession of such land. In brief, a right to ‘suitable" +"rehabilitation’ for the SCs and STs if their land is to be" +"acquired." +" 3. On Directive Principles" +"1. The heading of Part-IV of the Constitution should be" +"amended to read as ‘Directive Principles of State Policy and" +"Action’." +"2. A new Directive Principle on control of population should be" +"added." +"3. An independent National Education Commission should be" +"set-up every five years." +"4. An Inter-Faith Commission should be established to promote" +"inter-religious harmony and social solidarity." +"5. There must be a body of high status to review the level of" +"implementation of the Directive Principles." +"6. A strategic Plan of Action should be initiated to create a" +"large number of employment opportunities in five years." +"7. Implementation of the recommendations contained in the" +"Report of the National Statistical Commission (2001)." +"" +"4. On Fundamental Duties" +"1. Consideration should be given to the ways and means by" +"which Fundamental Duties could be popularized and made" +"effective." +"2. The recommendations of the Justice Verma Committee on" +"operationalisation of Fundamental Duties should be" +"implemented at the earliest9 ." +"3. The following new fundamental duties should be included in" +"Article 51-A:" +"(a) Duty to vote at elections, actively participate in the" +"democratic process of governance and to pay taxes." +"(b) To foster a spirit of family values and responsible" +"parenthood in the matter of education, physical and" +"moral well-being of children." +"(c) Duty of industrial organizations to provide education to" +"children of their employees." +"" +"5. On Parliament and State Legislatures" +"1. The privileges of legislators should be defined and delimited" +"for the free and independent functioning of Parliament and" +" state legislatures." +"2. Article 105 may be amended to clarify that the immunity" +"enjoyed by members under parliamentary privileges does" +"not cover corrupt acts committed by them in connection with" +"their duties in the House or otherwise. Further, no court" +"would take cognizance of any offence arising out of a" +"member’s action in the House without prior sanction of the" +"Speaker / Chairman. Article 194 may also be similarly" +"amended in relation to the members of state legislatures." +"3. The domiciliary requirement for eligibility to contest elections" +"to Rajya Sabha from the concerned state should be" +"maintained. This is essential to ensure the federal character" +"of the Rajya Sabha." +"4. The MP local area development scheme should be" +"discontinued." +"5. The Election Commission should be empowered to identify" +"and declare the various offices under the central and state" +"governments to be ‘offices of profit’ for the purposes of being" +"chosen, and for being, a member of the appropriate" +"legislature." +"6. Immediate steps be taken to set up a Nodal Standing" +"Committee on National Economy." +"7. A Standing Constitution Committee of the two Houses of" +"Parliament for a priori scrutiny of constitutional amendment" +"proposals should be set up." +"8. A new Legislation Committee of Parliament to oversee and" +"coordinate legislative planning should be constituted." +"9. The existing Parliamentary Committees on Estimates, Public" +"Undertakings and Subordinate Legislation may not be" +"continued." +"10. The Parliamentarians must voluntarily place themselves" +"open to public scrutiny through a parliamentary ombudsman." +"11. The State Legislatures with less than 70 members should" +"meet for at least 50 days in a year and other State" +"Legislatures for at least 90 days. Similarly, the minimum" +"number of days for sittings of Rajya Sabha and Lok Sabha" +"should be fixed at 100 and 120 days respectively." +" 12. A Study Group outside Parliament for study of procedural" +"reforms should be set up." +"" +"6. On Executive and Administration" +"1. In case of hung Parliament, the Lok Sabha may elect the" +"leader of the House. He may then be appointed as the prime" +"minister by the president. The same procedure could be" +"followed at the state level also." +"2. A motion of no-confidence against a prime minister must be" +"accompanied by a proposal of alternative leader to be voted" +"simultaneously. This is called as the ‘system of constructive" +"vote of no confidence’." +"3. For a motion of no-confidence to be brought out against the" +"government, at least 20 per cent of the total number of" +"members of the House should give notice." +"4. The practice of having oversized Council of Ministers should" +"be prohibited by law. A ceiling on the number of Ministers in" +"any State or the Union government be fixed at the maximum" +"of 10 per cent of the total strength of the popular house of" +"the legislature." +"5. The practice of creating a number of political offices with the" +"position, perks and privileges of a minister should be" +"discouraged. Their number should be limited to 2 per cent of" +"the total strength of the lower house." +"6. The Constitution should provide for appointment of Lokpal" +"keeping the prime minister outside its purview and the" +"institution of lokayuktas in the states." +"7. Lateral entry into government jobs above joint secretary" +"level should be allowed." +"8. Article 311 should be amended to ensure not only protection" +"to the honest public servants but penalisation to dishonest" +"ones." +"9. The questions of personnel policy including placements," +"promotions, transfers and fast-track advancements should" +"be managed by autonomous Civil Service Boards" +"constituted under statutory provisions." +"10. Officials, before starting their career, in addition to the taking" +"of an oath of loyalty to the Constitution, should swear to" +" abide by the principles of good governance." +"11. Right to information should be guaranteed and the traditional" +"insistence on secrecy should be discarded. In fact, there" +"should be an oath of transparency in place of an oath of" +"secrecy." +"12. Public Interest Disclosure Acts (which are popularly called" +"the Whistle-blower Acts) may be enacted to fight corruption" +"and mal-administration." +"13. A law should be enacted to provide for forfeiture of benami" +"property of corrupt public servants as well as non-public" +"servants." +"" +"7. On Centre-State and Inter-State Relations" +"1. The Inter-State Council Order of 1990 may clearly specify" +"the matters that should form the parts of consultations." +"2. Management of disasters and emergencies (both natural" +"and manmade) should be included in the List III (Concurrent" +"List) of the Seventh Schedule." +"3. A statutory body called the Inter-State Trade and Commerce" +"Commission should be established." +"4. The president should appoint the governor of a state only" +"after consultation with the chief minister of that state." +"5. Article 356 should not be deleted, but it must be used" +"sparingly and only as a remedy of the last resort." +"6. The question whether the ministry in a state has lost the" +"confidence of the assembly or not should be tested only on" +"the floor of the House. The Governor should not be allowed" +"to dismiss the ministry, so long as it enjoys the confidence of" +"the House." +"7. Even without the state being under a proclamation of" +"emergency, President’s Rule may be continued if elections" +"cannot be held. Article 356 should be amended to this effect." +"8. The State Assembly should not be dissolved before the" +"proclamation issued under Article 356 has been laid before" +"Parliament. Article 356 should be amended to ensure this." +"9. River water disputes between States and / or the Centre" +"should be heard and disposed by a bench of not less than" +" three judges and if necessary, a bench of five judges of the" +"Supreme Court for the final disposal of the suit." +"10. Parliament should replace the River Boards Act of 1956 with" +"another comprehensive enactment after consultation with all" +"the states." +"11. When the state bill is reserved for consideration of the" +"President, there should be a time-limit (say of three months)" +"within which the President should take a decision whether to" +"give his assent or to return the bill." +"" +"8. On Judiciary" +"1. A National Judicial Commission under the Constitution" +"should be established to recommend the appointment of" +"judges of the Supreme Court. It should comprise the chief" +"justice of India (as chairman), two senior most Judges of the" +"Supreme Court, the Union law minister and one person" +"nominated by the president." +"2. A committee of the National Judicial Commission should" +"examine complaints of deviant behaviour of the Supreme" +"Court and high court judges." +"3. The retirement age of the judges of high courts and" +"Supreme Court should be increased to 65 and 68" +"respectively." +"4. No court other than the Supreme Court and the High Courts" +"should have the power to punish for contempt of itself." +"5. Except the Supreme Court and the High Courts, no other" +"court should have the power to declare the Acts of" +"Parliament and State Legislatures as being unconstitutional" +"or beyond legislative competence and so ultra-vires." +"6. A National Judicial Council and Judicial Councils in States" +"should be set up for the preparation of plans and annual" +"budget proposals." +"7. In the Supreme Court and the High Courts, judgements" +"should ordinarily be delivered within 90 days from the" +"conclusion of the case." +"8. An award of exemplary costs should be given in appropriate" +"cases of abuse of process of law." +" 9. Each High Court should prepare a strategic plan for time-" +"bound clearance of arrears in courts within its jurisdiction." +"No case to remain pending for more than one year." +"10. The system of plea-bargaining should be introduced as part" +"of the process of decriminalization." +"11. The hierarchy of the subordinate courts in the country" +"should be brought down to a two-tier of subordinate judiciary" +"under the High Court." +"" +"9. On Pace of Socio-Economic Change and" +"Development" +"1. A way could and should be found to bring a reasonable" +"number of SCs, STs and BCs on to the benches of the" +"Supreme Court and high courts." +"2. Social policy should aim at enabling the SCs, STs and BCs" +"and with particular attention to the girls to compete on equal" +"terms with the general category." +"3. Appropriate new institutions should be established to ensure" +"that the resources earmarked for the weaker sections are" +"optimally used." +"4. The Citizens’ Charters be prepared by every service" +"providing department / agency to enumerate the" +"entitlements of the citizens specifically those of the SCs, STs" +"and other deprived classes." +"5. Reservation for SCs, STs and BCs should be brought under" +"a statute covering all aspects of reservation including setting" +"up of Arakshan Nyaya Adalats to adjudicate upon all" +"disputes pertaining to reservation." +"6. Residential schools for SCs, STs and BCs should be" +"established in every district in the country." +"7. All tribal areas governed by the Fifth Schedule of the" +"Constitution should be transferred to the Sixth Schedule." +"Other tribal areas should also be brought under the Sixth" +"Schedule." +"8. Special courts exclusively to try offences under the SCs and" +"STs (Prevention of Atrocities) Act, 1989, should be" +"established." +" 9. Prevention of untouchability requires, inter alia, effective" +"punitive action under the Protection of Civil Rights Act, 1955." +"10. The Employment of Manual Scavengers and Construction of" +"Dry Latrines (Prohibition) Act, 1993, should be strictly" +"enforced." +"11. Steps should be taken for improvement of educational" +"standards as well as for increasing the political" +"representation of the minority communities." +"12. A fully empowered National Authority for the Liberation and" +"Rehabilitation of bonded labour should be set up. Similar" +"authorities should also be established at the state level." +"13. As regards women, action covering reservation," +"development, empowerment, health and protection against" +"violence should be taken." +"" +"10. On Decentralisation (Panchayats and" +"Municipalities)" +"1. The Eleventh and Twelfth Schedules of the Constitution" +"should be restructured in a manner that creates a separate" +"fiscal domain for panchayats and municipalities." +"2. State panchayat council should be established under the" +"chairmanship of the chief minister." +"3. Panchayats and Municipalities should be categorically" +"declared to be ‘institutions of self-government’ and exclusive" +"functions be assigned to them. For this purpose, Articles" +"243-G and 243-W should be suitably amended." +"4. The Election Commission of India should have the power to" +"issue directions to the State Election Commission for the" +"discharge of its functions. The State Election Commission" +"should submit its annual or special reports to the Election" +"Commission of India and to the Governor. This requires the" +"amendment of Articles 243-K and 243-ZA." +"5. Article 243-E should be amended to the effect that a" +"reasonable opportunity of being heard shall be given to a" +"Panchayat before it is dissolved." +"6. To ensure uniformity in the practice relating to audit of" +"accounts, the CAG of India should be empowered to" +" conduct the audit or lay down accounting standards for" +"Panchayats." +"7. Whenever a Municipality is superseded, a report stating the" +"grounds for such dissolution should be placed before the" +"State Legislature." +"8. All provisions regarding qualifications and disqualifications" +"for elections to local authorities should be consolidated in a" +"single law." +"9. The functions of delimitation, reservation and rotation of" +"seats should be vested in a Delimitation Commission and" +"not in the State Election Commission." +"10. The concept of a distinct and separate tax domain for" +"municipalities should be recognized." +"" +"11. On Institutions in North East India" +"1. Efforts are to be made to give all the States in this region the" +"opportunities provided under the 73rd and 74th Constitutional" +"Amendments. However, this should be done with due regard" +"to the unique political traditions of the region." +"2. The subjects given under the Sixth Schedule and those" +"mentioned in the Eleventh Schedule could be entrusted to" +"the Autonomous District Councils (ADCs)." +"3. Traditional forms of governance should be associated with" +"self-governance because of the present dissatisfaction." +"4. A National Immigration Council should be set up to examine" +"a range of issues including review of the Citizenship Act, the" +"Illegal Migrants Determination by Tribunal Act, the" +"Foreigners Act and so on." +"5. As regards Nagaland, the Naga Councils should be replaced" +"by elected representatives of various Naga society groups" +"with an intermediary tier at the district level." +"6. As regards Assam, the Sixth Schedule should be extended" +"to the Bodoland Autonomous Council and other Autonomous" +"Councils be upgraded to Autonomous Development" +"Councils." +"7. As regards Meghalaya, a tier of village governance should" +"be created for a village or a group of villages in the" +"Autonomous District Councils." +" 8. As regards Tripura, the changes which may be made in" +"respect of other Autonomous Councils should also apply in" +"respect of the Autonomous District Councils." +"9. As regards Mizoram, an intermediary elected tier should be" +"developed at the district level in areas not covered by the" +"Sixth Schedule." +"10. As regards Manipur, the provisions of the Sixth Schedule" +"should be extended to hill districts of the State." +"" +"12. On Electoral Processes" +"1. Any person charged with any offence punishable with" +"imprisonment for a maximum term of five years or more," +"should be disqualified for being chosen as or for being a" +"member of Parliament or Legislature of a State." +"2. Any person convicted for any heinous crime like murder," +"rape, smuggling, dacoity, etc., should be permanently" +"debarred from contesting for any political office." +"3. Criminal cases against politicians pending before Courts" +"either for trial or in appeal must be disposed of speedily, if" +"necessary, by appointing Special Courts." +"4. The election petitions should also be decided by special" +"courts. In the alternative, special election benches may be" +"constituted in the High Courts and earmarked exclusively for" +"the disposal of election petitions and election disputes." +"5. Any system of State funding of elections bears a close" +"nexus to the regulation of working of political parties by law" +"and to the creation of a foolproof mechanism under law with" +"a view to implementing the financial limits strictly. Therefore," +"proposals for State funding should be deferred till these" +"regulatory mechanisms are firmly in position." +"6. Candidates should not be allowed to contest election" +"simultaneously for the same office from more than one" +"constituency." +"7. The election code of conduct should be given the sanctity of" +"law and its violation should attract penal action." +"8. The Commission while recognizing the beneficial potential of" +"the system of run off contest electing the representative" +"winning on the basis of 50 per cent plus one vote polled, as" +" against the present first-past-the-post system, for a more" +"representative democracy, recommends that the" +"Government and the Election Commission of India should" +"examine this issue of prescribing a minimum of 50 per cent" +"plus one vote for election in all its aspects." +"9. An independent candidate who loses election three times" +"consecutively should be permanently debarred from" +"contesting election to the same office." +"10. The minimum number of valid votes polled should be" +"increased to 25 per cent from the current 16.67 per cent as a" +"condition for the deposit not being forfeited." +"11. The issue of eligibility of non-Indian born citizens or those" +"whose parents or grandparents were citizens of India to hold" +"high offices in the realm such as President, Vice-President," +"Prime Minister and Chief Justice of India should be" +"examined in depth through a political process after a" +"national dialogue10 ." +"12. The Chief Election Commissioner and the other Election" +"Commissioners should be appointed on the" +"recommendation of a body consisting of the Prime Minister," +"Leader of the Opposition in the Lok Sabha, Leader of the" +"Opposition in the Rajya Sabha, the Speaker of the Lok" +"Sabha and the Deputy Chairman of the Rajya Sabha." +"Similar procedure should be adopted in the case of" +"appointment of State Election Commissioners." +"" +"13. On Political Parties" +"1. A comprehensive law regulating the registration and" +"functioning of political parties or alliances of parties should" +"be made. The proposed law should-" +"(a) provide that political party or alliance should keep its" +"doors open to all citizens irrespective of any distinctions" +"of caste, community or the like." +"(b) make it compulsory for the parties to maintain accounts" +"of the receipt of funds and expenditure in a systematic" +"and regular way." +"(c) make it compulsory for the political parties requiring their" +"candidates to declare their assets and liabilities at the" +" time of filing their nomination." +"(d) provide that no political party should provide ticket to a" +"candidate if he was convicted by any court for any" +"criminal offence or if the courts have framed criminal" +"charges against him." +"(e) specifically provide that if any party violates the above" +"provision , the candidate involved should be liable to be" +"disqualified and the party deregistered and" +"derecognized." +"2. The Election Commission should progressively increase the" +"threshold criterion for eligibility for recognition so that the" +"proliferation of smaller political parties is discouraged." +"3. A comprehensive legislation providing for regulation of" +"contributions to the political parties and towards election" +"expenses should be enacted by consolidating such laws." +"This new law should:" +"(a) aim at bringing transparency into political funding;" +"(b) permit corporate donations within higher prescribed" +"limits;" +"(c) make donations up to a specified limit tax exempt;" +"(d) make both donors and donees of political funds" +"accountable;" +"(e) provide that audited political party accounts should be" +"published yearly; and" +"(f) provide for de-recognition of the party and enforcement" +"of penalties for filing false election returns." +"" +"14. On Anti-Defection Law" +"The provisions of the Tenth Schedule of the Constitution should" +"be amended to provide the following:" +"1. All persons defecting (whether individually or in groups) from" +"the party or the alliance of parties, on whose ticket they had" +"been elected, must resign from their parliamentary or" +"assembly seats and must contest fresh elections." +"2. The defectors should be debarred to hold any public office of" +"a minister or any other remunerative political post for at least" +"the duration of the remaining term of the existing legislature" +"or until the next elections whichever is earlier." +" 3. The vote cast by a defector to topple a government should" +"be treated as invalid." +"4. The power to decide questions regarding disqualification on" +"ground of defection should vest in the Election Commission" +"instead of in the Speaker / Chairman of the House" +"concerned." +" V. EARLIER EFFORTS TO REVIEW THE" +"CONSTITUTION" +"Even before the appointment of this Commission in 2000, certain" +"attempts were already made to review the working of the" +"Constitution. The Commission itself has summarized those" +"attempts in the following way11 :" +"1. There was nothing entirely new in the effort at reviewing the" +"working of our Constitution. The debate had continued right" +"from the first decade of the life of the Constitution. Also," +"every amendment had been an occasion for review. But, in" +"the half-a-century and more since the Constitution came into" +"force, whereas as many as eighty-five amendments have" +"been instituted, there has been (till the setting up of the" +"National Commission to Review the Working of the" +"Constitution) no comprehensive and transparent official" +"exercise to review the working of the Constitution in its" +"entirety with a view to evaluating its achievements and" +"failures in fulfilling the objectives of the Constitution in the" +"context of experience gained, and for future requirements" +"perceived." +"2. After the Constitution came into force, within two years, it" +"was required to be amended. In the course of his speech on" +"the Constitution (First Amendment) Bill, 1951, on 2 June" +"1951 Nehru once again repeated his views as to the need" +"for the Constitution to be amenable to amendment. On this" +"occasion, his words were trenchant and unsparing. He said:" +"“A Constitution which is unchanging and static, it does not" +"matter how good it is, but as a Constitution it is past its" +"use. It is in its old age already and gradually approaching" +"its death. A Constitution to be living must be growing;" +"must be adaptable; must be flexible; must be" +"changeable... Therefore, it is a desirable and a good thing" +"for people to realize that this very fine Constitution that we" +"have fashioned after years of labour, is good in so far as it" +"goes, but as society changes as conditions change, we" +"amend it in the proper way”." +" 3. Four years later, as an experienced Prime Minister with" +"prolonged firsthand knowledge of the efficacy of the" +"fundamental law of the land, he held the same view." +"Speaking on the Constitution (Fourth Amendment) Bill, 1955" +"Nehru said:" +"“After all, the Constitution is meant to facilitate the working" +"of the Government and the administrative and other" +"structures of this country. It is meant to be not something" +"that is static and which has a static form in a changing" +"world, but something which has something dynamic in it," +"which takes cognizance of the dynamic nature of modern" +"conditions, modern society.”" +"4. In the years that followed the Fourth Amendment, the" +"Constitution has been amended 81 times. The Union and" +"the State Governments and Parliament faced the Supreme" +"Court over fundamental rights issues: freedom of expression" +"visa-vis national integrity; personal liberty visa-vis political" +"stability; special treatment for some segments of society" +"visa-vis abstract equality for all; property rights vis-a-vis" +"social revolution needs etc. Questions also arose whether" +"the power of constitutional amendment was complete," +"unrestrained and unlimited and whether there were limits to" +"the power of judicial review of constitutional amendments." +"5. In the period 1950 to 1967, Parliament and most State" +"Assemblies had preponderant Congress majorities. General" +"Elections in 1967 were followed by the formation of non-" +"Congress coalitions in a number of States in the northern" +"region of the country. Certain issues pertaining to Union-" +"State relations arose during this period directly from the" +"functioning of mechanisms and processes under the" +"Constitution. An Administrative Reforms Commission was" +"constituted by the Government of India to examine" +"administrative aspects of Union-State relations." +"6. In the period following the fourth General Election, the" +"phenomenon of unprincipled defections for money or" +"ministerships etc. came to the fore: legislators changing their" +"party allegiance again and again in utter disregard of all" +"moral and political proprieties, constituency choice and" +" public opinion. Wide-spread concern about the problem was" +"mirrored in Parliament, and led to a unanimous resolution in" +"the Lok Sabha on 8 December 1967. The resolution read:" +"“This House is of opinion that a high-level Committee" +"consisting of representatives of political parties and" +"constitutional experts be set up immediately by" +"Government to consider the problem of legislators" +"changing their allegiance from one party to another and" +"their frequent crossing of the floor in all its aspects, and" +"make recommendations in this regard.”" +"7. Known subsequently as the Y.B. Chavan Committee, after" +"the then Union Home Minister who was the Chairman of the" +"Committee, this body produced a valuable report which" +"addressed a variety of issues germane to the handling of the" +"problem of defections which had basic implications with" +"reference to the working of constitutional machinery and" +"connected statutory and procedural instrumentalities." +"8. The 25th anniversary of the coming into force of the" +"Constitution of the world’s largest democratic republic" +"occurred, ironically, in the year in which the Emergency was" +"clamped on the nation in an atmosphere of burgeoning" +"national unrest. It was in this context that the first concerted" +"initiative towards a review and revision of the Constitution" +"was undertaken in 1975. At the AICC Session in December," +"1975 - the ‘Kamagata Maru Session’ -a resolution on the" +"political situation stated:" +"“If the misery of the poor and vulnerable sections of our" +"society is to be alleviated, vast and far-reaching changes" +"have to be effected in our socio-economic structure... The" +"Congress urges that our Constitution be thoroughly" +"examined in order to ascertain if the time has not come to" +"make adequate alterations to it so that it may continue as" +"a living document.”" +"9. A document titled ‘A Fresh Look at Our Constitution - Some" +"Suggestions’ surfaced at this time and was circulated but," +"after the recommendations contained in it had drawn" +"stringent criticism from diverse quarters, it was not pursued." +"Amidst tenacious advocacy about the need for constitutional" +" change, particularly after the Kamagata Maru Session of the" +"Indian National Congress, the then Congress President," +"D.K. Borooah appointed, on 26 February 1976, a Committee" +"“to study the question of amendment of the Constitution.. in" +"the light of experience.” The twelve-member Committee," +"headed by Sardar Swaran Singh, submitted “tentative" +"proposals” to the Congress President in April 1976 and" +"these were then circulated among a select few. The then" +"Chairman of the Law Commission of India, Justice P.B." +"Gajendragadkar wrote to the Prime Minister that while" +"amendment to the Constitution was necessary to expedite" +"the socio-economic revolution, “ad-hocism is undesirable" +"and adoption of extremist doctrinaire positions is irrelevant" +"and inadvisable”. He advised the Prime Minister “to appoint" +"a high powered committee to research and discuss the" +"problem in depth for a dedicated and comprehensive effort.”" +"10. The Swaran Singh Committee Report stated that its" +"recommendations had been made with the background of" +"the tentative proposals circulated earlier to Congress Chief" +"Ministers and Pradesh Congress Committees, the views of" +"Bar Associations of the Supreme Court and all the High" +"Courts, comments in the Press and in public and" +"memoranda and opinions received from individuals," +"professional bodies etc. It said:" +"“.....the Committee has kept before it certain important" +"objectives. Our Constitution has functioned without any" +"serious impediment during the past 26 years or so. While" +"this is so, difficulties have been thrown up from time to" +"time in the interpretation of some of its provisions, more" +"particularly when they concern the right of Parliament to" +"be the most authentic and effective instrument to give" +"expression and content to the sovereign will of the" +"people”." +"The Committee also declared that:" +"“The Parliamentary system is best suited to our country," +"and it is unnecessary to abandon it in favour of the" +"Presidential or any other system. In a vast country like" +"India, with the kind of regional diversity as we have, the" +" Parliamentary system preserves best the unity and" +"integrity of the country and ensures greater" +"responsiveness to the voice of the people.”" +"11. The Committee made a series of recommendations on a" +"wide range of issues including the Preamble; the Directive" +"Principles; the constituent power of Parliament to amend the" +"Constitution; the power of judicial review; article 276; service" +"matters; industrial and labour disputes; matters relating to" +"revenue, land reform, procurement and distribution of food" +"grains and other essential commodities; Election matters;" +"Article 227; disqualification for membership of a house of" +"Parliament or either house of the State Legislature; article" +"352 and Union State Coordination. The Committee also" +"undertook to make separate proposals for the deletion of" +"some provisions of the Constitution which, it observed, had" +"become “obsolete or redundant.”" +"12. Reacting to the Swaran Singh Committee and its report as" +"published, Justice P.B. Gajendragadkar, then still the" +"Chairman of the Law Commission, in a letter to Smt. Indira" +"Gandhi, reiterated his view that the amendment to the" +"fundamental law of the land should not have been left to a" +"party committee and that the modality could, advisedly, have" +"been a committee of experts to hear all parties and persons." +"He said, further, that the Committee appointed by Congress" +"President Borooah had “worked in a hurry, discussed issues" +"in a casual manner and based its recommendations mainly" +"on political considerations.”" +"13. When the Forty-Second Amendment Bill was prepared, the" +"Statement of Objects and Reasons echoed some of" +"Jawaharlal Nehru’s words. “A Constitution to be living must" +"be growing”, it declared. “If the impediments to the growth of" +"the Constitution are not removed, the Constitution will suffer" +"virtual atrophy.” The Prime Minister, in her speech in the Lok" +"Sabha on 27 October 1976, said that the purpose of the Bill" +"was “to remedy the anomalies that have long been noticed" +"and to overcome obstacles put up by economic and political" +"vested interests,” and that the Bill was “responsive to the" +" aspirations of the people, and reflects the realities of the" +"present time and the future”." +"14. After the change of Government, following general elections" +"in 1977, the then Prime Minister, Morarji Desai appointed a" +"Committee of Members of Parliament as a forum for" +"considering substantive changes in the amendments" +"brought about during the Emergency. Subsequently, the" +"Prime Minister set up a Sub-Committee of the Cabinet for" +"the same purpose. Issues germane to the 42nd Amendment" +"were subject matter of voluminous expression of opinion by" +"jurists, parliamentarians, editors and professional bodies." +"But, essentially, the effort focused on the correction of the" +"imbalance in the Constitution caused by some provisions of" +"the Forty Second Amendment." +"15. The need was felt for a comprehensive review of Union-" +"State relations following the experience gained in the period" +"after the General Elections of 1977 which had resulted in" +"non Congress governments at the Centre and in several" +"major States in the north, but governments formed by the" +"Congress in the southern States. In 1983, a Commission" +"was constituted under the chairmanship of Justice R.S." +"Sarkaria with fairly wide-ranging terms of reference. These" +"included:" +"“(i) The Commission will examine and review the working of" +"the existing arrangements between the Union and the" +"States in regard to powers, functions and responsibilities" +"in all spheres and recommend such changes or other" +"measures as may be appropriate;" +"(ii) In examining and reviewing the working of existing" +"arrangements between the Union and States and" +"making recommendations as to changes and measures" +"needed, the Commission will keep in view the social and" +"economic developments that have taken place over the" +"years and have due regard to the scheme and" +"framework of the Constitution which the founding fathers" +"have so sedulously designed to protect the" +"independence and ensure the unity and integrity of the" +" country which is of paramount importance for promoting" +"the welfare of the people.”" +"16. There were also some other especially note-worthy studies" +"of particular problems in the political system. Deep concern" +"had been voiced relative to flaws in the electoral process." +"This had occasioned a Joint Parliamentary Committee on" +"Amendments to Election Law, which submitted its report in" +"1972. The Committee for Democracy set up by Loknayak" +"Jaya Prakash Narayan had also studied the subject. Various" +"aspects of electoral reforms were reviewed by a Cabinet" +"Sub Committee appointed in 1977 and another in 1982. In" +"1990, the Government of India constituted a Committee" +"under the Chairmanship of the then Union Law Minister" +"Dinesh Goswami with Members drawn from different political" +"parties. The Report of the Committee contained a series of" +"recommendations, most of which were accepted for" +"implementation." +"17. A Committee to examine issues related to State Funding of" +"Elections was constituted in May 1998, known as the Indrajit" +"Gupta Committee after that outstanding Parliamentarian and" +"leader who was its Chairman. Although the Committee had a" +"relatively limited compass of study, its observations are" +"noteworthy and comprise valuable supplementary material" +"pertaining to the process of elections." +"18. Various Reports of the Law Commission of India provide a" +"wealth of insights into the working of the machinery of the" +"Constitution. The 170th Report of the Law Commission, on" +"Reform of Election Laws, presented in May 1999, considers" +"radical approaches seeking to improve the system of" +"elections - the very sheet anchor of Parliamentary" +"Democracy under the Constitution." +"19. The most significant of the non-political civil society efforts" +"was the seminar organised by 15 national institutions in" +"1992 and the committee appointed by the India International" +"Centre to review the working of the Constitution. The" +"committee which had the senior Congress leader and former" +"cabinet minister, Dr. Karan Singh as the Chairman and" +"included among its members two of the members of this" +" Commission, presented its report to the President and" +"others. Concluding recommendation of the committee was" +"that of a Review Commission being appointed." +"20. The National Agenda for Governance issued by the National" +"Democratic Alliance as the NDA Election Manifesto before" +"the last general elections contained a pledge that a" +"Commission would be appointed to review the Constitution" +"in the light of its working for fifty years. The Pledge was" +"affirmed in the President’s address to Parliament and was" +"followed by the appointment of this Commission in February" +"2000" +"" +"" +"NOTES AND REFERENCES" +"1. The Ministry of Law and Justice (Department of Legal" +"Affairs), vide its Resolution, dated the 22 February," +"2000" +"2. The other members of the Commission were: B.P." +"Jeevan Reddy (Chairman of the Law Commission), R.S." +"Sarkaria (former judge of the Supreme Court), K." +"Punnayya (former judge of the Andhra Pradesh High" +"Court), Soli Sorabjee (Attorney-General of India), K." +"Parasaran (former Attorney-General of India), Subhash" +"Kashyap (former Secretary-General of Lok Sabha), C.R." +"Irani (Chief Editor and MD of the Statesman), Abid" +"Hussain (former Ambassador of India to the USA), Smt." +"Sumitra Kulkarni (former MP) and P.A. Sangma (former" +"Speaker of the Lok Sabha). P.A. Sangma resigned three" +"months before the submission of the report by the" +"Commission." +"3. The Commission was asked to complete its work and" +"make recommendations within one year. After three" +"extensions, the Commission submitted its report on" +"March 31, 2002. This report is a bulky one, containing" +"1,979 pages in two-volumes. Volume I contains its" +"recommendations while Volume II (divided in Books 1, 2" +"and 3) consists of detailed consultation papers," +" background papers, details of deliberations and the" +"report of its drafting and editorial committee." +"4. Report of the Commission, Volume I, Chapter 1." +"5. Report of the Commission, Volume I, Chapter 2." +"6. Ibid." +"7. Chapters 3 to 10 in Volume I of the Report of the" +"Commission contains the detailed area-wise" +"recommendations. The summary of recommendations" +"is given in Chapter 11 of the Report." +"8. At present, it is a Directive Principle under Article 39-A." +"9. The Government of India appointed the committee “to" +"operationalise the suggestions to teach Fundamental" +"Duties to the citizens of India” in the year 1998 under" +"the chairmanship of Justice J.S. Verma. The Committee" +"submitted its report in October 1999." +"10. The Commission was deeply divided on this issue and" +"because of this, P.A. Sangma left the Commission." +"11. Report of the Commission, Volume I, Chapter 1." +" APPENDICES" +"" +"I: Articles of the Constitution (1–395)" +"II: Subjects of Union, State and Concurrent Lists" +"III: Table of Precedence" +"IV: Constitutional Amendments at a Glance" +"V: Presidents, Vice-Presidents, Prime Ministers, etc." +"VI: Chairpersons of the National Commissions" +"VII: UPSC Questions on Indian Polity (General Studies—" +"Prelims 2010–2019)" +"VIII: Practice Questions on Indian Polity (General Studies—" +"Prelims)" +"IX: UPSC Questions on Indian Polity (General Studies—Mains" +"2010–2019)" +"X: Practice Questions on Indian Polity (General Studies—" +"Mains)" +" Appendix I Articles of the Constitution" +"(1–395)" +" UNION AND ITS TERRITORY" +"1. Name and territory of the union" +"2. Admission or establishment of new states" +"2A. Sikkim to be associated with the Union (Repealed)" +"3. Formation of new states and alteration of areas," +"boundaries or names of existing states" +"4. Laws made under Articles 2 and 3 to provide for the" +"amendment of the First and the Fourth Schedules and" +"supplemental, incidental and consequential matters" +" CITIZENSHIP" +"5. Citizenship at the commencement of the Constitution" +"6. Rights of citizenship of certain persons who have" +"migrated to India from Pakistan" +"7. Rights of citizenship of certain migrants to Pakistan" +"8. Rights of citizenship of certain persons of Indian origin" +"residing outside India" +"9. Persons voluntarily acquiring citizenship of a foreign" +"state not to be citizens" +"10. Continuance of the rights of citizenship" +"11. Parliament to regulate the right of citizenship by law" +" FUNDAMENTAL RIGHTS" +"" +"12. Definition of state" +"13. Laws inconsistent with or in derogation of the" +"fundamental rights" +"14. Equality before law" +"15. Prohibition of discrimination on grounds of religion," +"race, caste, sex or place of birth" +"16. Equality of opportunity in matters of public employment" +"17. Abolition of untouchability" +"18. Abolition of titles" +"19. Protection of certain rights regarding freedom of" +"speech, etc." +"20. Protection in respect of conviction for offences" +"21. Protection of life and personal liberty 21A. Right to" +"elementary education" +"22. Protection against arrest and detention in certain cases" +"23. Prohibition of traffic in human beings and forced labour" +"24. Prohibition of employment of children in factories, etc." +"25. Freedom of conscience and free profession, practice" +"and propagation of religion" +"26. Freedom to manage religious affairs" +"27. Freedom as to payment of taxes for promotion of any" +"particular religion" +"28. Freedom as to attendance at religious instruction or" +"religious worship in certain educational institutions" +"29. Protection of interests of minorities" +"30. Right of minorities to establish and administer" +"educational institutions" +"31. Compulsory acquisition of property (Repealed)" +"31A. Saving of laws providing for acquisition of estates, etc." +"31B. Validation of certain acts and regulations" +"31C. Saving of laws giving effect to certain directive" +"principles" +"32A. Constitutional validity of State laws not to be" +"considered in proceedings under article 32 (Repealed)" +" 33. Power of Parliament to modify the fundamental rights in" +"their application to forces, etc." +"34. Restriction on fundamental rights while martial law is in" +"force in any area" +"35. Legislation to give effect to some of the provisions of" +"fundamental rights" +" DIRECTIVE PRINCIPLES OF STATE POLICY" +"" +"36. Definition of State" +"37. Application of the directive principles" +"38. State to secure a social order for the promotion of" +"welfare of the people" +"39. Certain principles of policy to be followed by the State" +"39A. Equal justice and free legal aid" +"40. Organisation of village panchayats" +"41. Right to work, to education, and to public assistance in" +"certain cases" +"42. Provision for just and humane conditions of work and" +"maternity relief" +"43. Living wage, etc. for workers" +"43A. Participation of workers in management of industries" +"43B. Promotion of co-operative societies" +"44. Uniform civil code for the citizens" +"45. Provision for early childhood care and education to" +"children below the age of six years" +"46. Promotion of educational and economic interests of" +"scheduled castes, scheduled tribes and other weaker" +"sections" +"47. Duty of the state to raise the level of nutrition and the" +"standard of living and to improve public health" +"48. Organisation of agriculture and animal husbandry" +"48A. Protection and improvement of environment and" +"safeguarding of forests and wild life" +"49. Protection of monuments and places and objects of" +"national importance" +"50. Separation of judiciary from executive" +"51. Promotion of international peace and security" +" FUNDAMENTAI DUTIES" +"" +"51A. Fundamental duties" +" PRESIDENT AND VICE-PRESIDENT" +"" +"52. The President of India" +"53. Executive power of the Union" +"54. Election of President" +"55. Manner of election of President" +"56. Term of office of President" +"57. Eligibility of re-election" +"58. Qualifications for election as President" +"59. Conditions of President’s office" +"60. Oath or affirmation by the President" +"61. Procedure for impeachment of the President" +"62. Time of holding election to fill vacancy in the office of" +"President and the term of office of person elected to fill" +"casual vacancy" +"63. The Vice-President of India" +"64. The Vice-President to be ex-officio chairman of the" +"council of states" +"65. The Vice-President to act as President or to discharge" +"his functions during casual vacancies in the office, or" +"during the absence, of President" +"66. Election of Vice-President" +"67. Term of office of Vice-President" +"68. Time of holding election to fill vacancy in the office of" +"Vice-President and the term of office of person elected" +"to fill casual vacancy." +"69. Oath or affirmation by the VicePresident" +"70. Discharge of President’s functions in other" +"contingencies" +"72. Power of president to grant pardons, etc., and to" +"suspend, remit or commute sentences in certain cases" +"73. Extent of executive power of the Union" +" UNION MINISTERS AND ATTORNEY GENERAL" +"" +"74. Council of ministers to aid and advise President" +"75. Other provisions as to ministers" +"76. Attorney-General for India" +"77. Conduct of business of the Government of India" +"78. Duties of Prime Minister as respects the furnishing of" +"information to the President, etc." +" PARLIAMENT" +"" +"79. Constitution of Parliament" +"80. Composition of the council of states" +"81. Composition of the House of the people" +"82. Readjustment after each census" +"83. Duration of Houses of Parliament" +"84. Qualification for membership of Parliament" +"85. Sessions of Parliament, prorogation and dissolution" +"86. Right of President to address and send messages to" +"Houses" +"87. Special address by the President" +"88. Rights of ministers and Attorney General as respects" +"Houses" +"89. The chairman and deputy chairman of the council of" +"states" +"90. Vacation and resignation of, and removal from, the" +"office of deputy chairman" +"91. Power of the Deputy Chairman or other person to" +"perform the duties of the office of, or to act as," +"Chairman" +"92. The Chairman or the Deputy Chairman not to preside" +"while a resolution for his removal from office is under" +"consideration" +"95. Power of the Deputy Speaker or other person to" +"perform the duties of the office of, or to act as, Speaker" +"96. The Speaker or the Deputy Speaker not to preside" +"while a resolution for his removal from office is under" +"consideration" +"97. Salaries and allowances of the Chairman and Deputy" +"Chairman and the Speaker and Deputy Speaker" +"98. Secretariat of Parliament" +"99. Oath or affirmation by members" +"100. Voting in Houses, power of Houses to act" +"notwithstanding vacancies and quorum" +"101. Vacation of seats" +"102. Disqualifications for membership" +" 103. Decision on questions as to disqualifications of" +"members" +"104. Penalty for sitting and voting before making oath or" +"affirmation under Article 99 or when not qualified or" +"when disqualified" +"105. powers, privileges, etc., of the Houses of Parliament" +"and of the members and committees thereof" +"106. Salaries and allowances of members" +"107. Provisions as to introduction and passing of bills" +"108. Joint sitting of both Houses in certain cases" +"109. Special procedure in respect of money bills" +"110. Definition of “money bills’" +"111. Assent to bills" +"112. Annual financial statement (budget)" +"113. Procedure in Parliament with respect to estimates" +"114. Appropriation bills" +"115. Supplementary, additional or excess grants" +"116. Votes on account, votes of credit and exceptional" +"grants" +"120. Language to be used in Parliament" +"121. Restriction on discussion in Parliament" +"122. Courts not to inquire into proceedings of Parliament" +"123. Power of President to promulgate ordinances during" +"recess of Parliament" +" SUPREME COURT" +"" +"124. Establishment and Constitution of Supreme Court" +"124A. National Judicial Appointments Commission" +"124B. Functions of Commission" +"124C. Power of Parliament to make law" +"125. Salaries, etc., of judges" +"126. Appointment of acting chief justice" +"127. Appointment of adhoc judges" +"128. Attendance of retired judges at sittings of the Supreme" +"Court" +"129. Supreme Court to be a court of record" +"130. Seat of Supreme Court" +"131. Original jurisdiction of the Supreme Court" +"131A. Exclusive jurisdiction of the Supreme Court in regard to" +"questions as to the constitutional validity of Central" +"Laws (Repealed)" +"132. Appellate jurisdiction of Supreme Court in appeals from" +"high courts in certain cases" +"133. Appellate jurisdiction of Supreme Court in appeals from" +"high courts in regard to civil matters" +"134. Appellate jurisdiction of Supreme Court in regard to" +"criminal matters" +"134A. Certificate for appeal to the Supreme Court" +"135. Jurisdiction and powers of the federal court under" +"existing law to be exercisable by the Supreme Court" +"136. Special leave to appeal by the Supreme Court" +"139. Conferment on the Supreme Court of powers to issue" +"certain writs" +"139A. Transfer of certain cases" +"140. Ancillary powers of Supreme Court" +"141. Law declared by Supreme Court to be binding on all" +"courts" +"142. Enforcement of decrees and orders of Supreme Court" +"and orders as to discovery, etc." +"143. Power of President to consult Supreme Court" +" 144. Civil and judicial authorities to act in aid of the" +"Supreme Court" +"144A. Special provisions as to disposal of questions relating" +"to constitutional validity of laws (Repealed)" +"145. Rules of court, etc." +"146. Officers and servants and the expenses of the" +"Supreme Court" +"147. Interpretation" +" COMPTROLLER AND AUDITOR GENERAL OF INDIA" +"" +"148. Comptroller and Auditor General of India" +"149. Duties and powers of the Comptroller and Auditor" +"General" +"150. Form of accounts of the Union and of the states" +"151. Audit reports" +" GOVERNOR" +"" +"152. Definition of state" +"153. Governors of states" +"154. Executive power of state" +"155. Appointment of governor" +"156. Term of office of governor" +"157. Qualifications for appointment as governor" +"158. Conditions of governor’s office" +"159. Oath or affirmation by the governor" +"162. Extent of executive power of state" +" STATE MINISTERS AND ADVOCATE GENERAL" +"" +"163. Council of ministers to aid and advise governor" +"164. Other provisions as to ministers" +"165. Advocate General for the state" +"166. Conduct of business of the government of a state" +"167. Duties of chief minister as respects the furnishing of" +"information to Governor, etc." +" STATE LEGISIATURE" +"" +"168. Constitution of legislatures in states" +"169. Abolition or creation of legislative councils in states" +"170. Composition of the legislative assemblies" +"171. Composition of the legislative councils" +"172. Duration of state legislatures" +"173. Qualification for membership of the state legislature" +"174. Sessions of the state legislature, prorogation and" +"dissolution" +"175. Right of governor to address and send messages to" +"the House of Houses" +"176. Special address by the governor" +"177. Rights of ministers and Advocate General as respects" +"the Houses" +"178. The Speaker and Deputy Speaker of the legislative" +"assembly" +"179. Vacation and resignation of, and removal from, the" +"offices of Speaker and Deputy Speaker" +"180. Power of the Deputy Speaker or other person to" +"perform the duties of the office of, or to act as, speaker" +"182. The Chairman and Deputy Chairman of the legislative" +"council" +"183. Vacation and resignation of, and removal from, the" +"offices of Chairman and Deputy Chairman" +"184. Power of the Deputy Chairman or other person to" +"perform the duties of the office of, or to act as," +"Chairman" +"185. The Chairman or the Deputy Chairman not to preside" +"while a resolution for his removal from office is under" +"consideration" +"186. Salaries and allowances of the Speaker and Deputy" +"Speaker and the Chairman and Deputy Chairman" +"187. Secretariat of state legislature" +"188. Oath or affirmation by members" +"189. Voting in Houses, power of Houses to act" +"notwithstanding vacancies and quorum" +" 190. Vacation of seats" +"191. Disqualifications for membership" +"192. Decision on questions as to disqualifications of" +"members" +"193. Penalty for sitting and voting before making oath or" +"affirmation under Article 188 or when not qualified or" +"when disqualified" +"194. Powers, privileges, etc, of the House of legislatures" +"and of the members and committees thereof" +"195. Salaries and allowances of members" +"196. Provisions as to introduction and passing of bills" +"197. Restriction on powers of legislative council as to bills" +"other than money bills" +"198. Special procedure in respect of money bills" +"199. Definition of “money bills’" +"200. Assent to bills" +"201. Bills reserved for consideration of the president" +"202. Annual financial statement" +"206. Votes on account, votes of credit and exceptional" +"grants" +"207. Special provisions as to financial bills" +"208. Rules of procedure" +"209. Regulation by law of procedure in the legislature of the" +"state in relation to financial business" +"210. Language to be used in the legislature" +"211. Restriction on discussion in the legislature" +"212. Courts not to inquire into proceedings of the legislature" +"213. Power of governor to promulgate ordinances during" +"recess of legislature" +" HIGH COURTS" +"214. High courts for states" +"215. High courts to be courts of record" +"216. Constitution of high courts" +"217. Appointment and conditions of the office of a judge of a" +"high court" +"218. Application of certain provisions relating to Supreme" +"Court to high courts" +"219. Oath or affirmation by judges of high courts" +"220. Restriction on practice after being a permanent judge" +"221. Salaries etc., of judges" +"222. Transfer of a judge from one high court to another" +"223. Appointment of acting chief justice" +"224. Appointment of additional and acting judges" +"224A. Appointment of retired judges at sittings of high courts" +"225. Jurisdiction of existing high courts" +"226. Power of high courts to issue certain writs" +"226A. Constitutional validity of Central laws not to be" +"considered in proceedings under Article 226" +"(Repealed)" +"227. Power of superintendence over all courts by the high" +"court" +"228. Transfer of certain cases to high court 228A. Special" +"provisions as to disposal of questions relating to" +"constitutional validity of State Laws (Repealed)" +"229. Officers and servants and the expenses of high courts" +"230. Extension of jurisdiction of high courts to union" +"territories" +"231. Establishment of a common high court for two or more" +"states" +"232. Interpretation (Repealed)" +" SUBORDINATE COURTS" +"233. Appointment of district judges" +"233A. Validation of appointments of, and judgements, etc.," +"delivered by, certain district judges" +"234. Recruitment of persons other than district judges to the" +"judicial service" +"235. Control over subordinate courts" +"236. Interpretation" +"237. Application of the provisions of this chapter to certain" +"class or classes of magistrates" +" STATES IN PART B OF THE FIRST SCHEDUIE" +"(REPEAIED)" +"238. Application of provisions of Part VI to States in Part B" +"of the First Schedule (Repealed)" +" UNION TERRITORIES" +"239. Administration of union territories" +"239A. Creation of local legislatures or council of ministers or" +"both for certain union territories" +"239AA. Special provisions with respect to Delhi" +"239AB. Provision in case of failure of constitutional machinery" +"239B. Power of administrator to promulgate ordinances" +"during recess of legislature" +" PANCHAYATS" +"243. Definitions" +"243A. Gram sabha" +"243B. Constitution of panchayats" +"243C. Composition of panchayats 243D. Reservation of seats" +"243E. Duration of panchayats, etc." +"243F. Disqualifications for membership 243G. Powers," +"authority and responsibilities of panchayats" +"243H. Powers to impose taxes by, and funds of, the" +"panchayats" +"243I. Constitution of finance commission to review financial" +"position" +"243J. Audit of accounts of panchayats 243K. Elections to the" +"panchayats 243L. Application to union territories 243M." +"Part not to apply to certain areas 243N. Continuance of" +"existing laws and panchayats" +"243O. Bar to interference by courts in electoral matters" +" MUNICIPALITIES" +"243P. Definitions" +"243Q. Constitution of municipalities" +"243R. Composition of municipalities" +"243S. Constitution and composition of wards committees, etc." +"243T. Reservation of seats" +"243U. Duration of municipalities, etc." +"243V. Disqualifications for membership" +"243W. Powers, authority and responsibilities of municipalities," +"etc." +"243X. Power to impose taxes by, and funds of, the" +"municipalities" +"243Y. Finance commission" +"243Z. Audit of accounts of municipalities 243ZA. Elections to" +"the municipalities 243ZB. Application to union territories" +"243ZG. Bar to interference by courts in electoral matters" +" CO-OPERATIVE SOCIETIES" +"243ZH. Definitions" +"243ZI. Incorporation of co-operative societies 243ZJ. Number" +"and term of members of Board and its office bearers" +"243ZK. Election of members of Board 243ZL. Supersession" +"and suspension of Board and interim management" +"243ZM. Audit of accounts of co-operative societies" +"243ZN. Convening of general body meetings 243ZO. Right of a" +"member to get information 243ZP. Returns" +"243ZQ. Offences and penalties" +"243ZR. Application to multi-State co-operative societies" +"243ZS. Application to Union territories" +"243ZT. Continuance of existing laws" +" SCHEDULED AND TRIBAL AREAS" +"244. Administration of scheduled areas and tribal areas" +"244A. Formation of an autonomous state comprising certain" +"tribal areas in Assam and creation of local legislature or" +"council of ministers or both therefor" +" CENTRE-STATE LEGISLATIVE RELATIONS" +"245. Extent of laws made by Parliament and by the" +"legislatures of states" +"246. Subject-matter of laws made by Parliament and by the" +"legislatures of states" +"248. Residuary powers of legislation" +"249. Power of Parliament to legislate with respect to a" +"matter in the State List in the national interest" +"250. Power of Parliament to legislate with respect to any" +"matter in the State List if a proclamation of emergency" +"is in operation" +"251. Inconsistency between laws made by Parliament under" +"articles 249 and 250 and laws made by the legislatures" +"of states" +"252. Power of Parliament to legislate for two or more states" +"by consent and adoption of such legislation by any" +"other state." +"253. Legislation for giving effect to international agreements" +"254. Inconsistency between laws made by Parliament and" +"laws made by the legislatures of states" +"255. Requirements as to recommendations and previous" +"sanctions to be regarded as matters of procedure only" +" CENTRE-STATE ADMINISTRATIVE RELATIONS" +"256. Obligation of states and the Union" +"257. Control of the Union over states in certain cases" +"257A. Assistance to States by deployment of armed forces or" +"other forces of the Union (Repealed)" +"258. Power of the Union to confer powers, etc., on states in" +"certain cases" +"258A. Power of the states to entrust functions to the union" +"259. Armed Forces in States in Part B of the First Schedule" +"(Repealed)" +"260. Jurisdiction of the Union in relation to territories outside" +"India" +"261. Public acts, records and judicial proceedings" +" CENTRE-STATE FINANCIAL RELATIONS" +"264. Interpretation" +"265. Taxes not to be imposed save by authority of law" +"266. Consolidated Funds and public accounts of India and" +"of the states" +"267. Contingency Fund" +"268. Duties levied by the Union but collected and" +"appropriated by the states" +"268A. Service tax levied by Union and collected and" +"appropriated by the Union and the states (Repealed)" +"269. Taxes levied and collected by the Union but assigned" +"to the states" +"269A. Levy and collection of goods and services tax in course" +"of inter-state trade or commerce" +"270. Taxes levied and distributed between the Union and" +"the states" +"271. Surcharge on certain duties and taxes for purposes of" +"the Union" +"272. Taxes which are levied and collected by the Union and" +"may be distributed between the Union and the States" +"(Repealed)" +"273. Grants in lieu of export duty on jute and jute products" +"274. Prior recommendation of president required to bills" +"affecting taxation in which states are interested" +"275. Grants from the Union to certain states" +"276. Taxes on professions, trades, callings and" +"employments" +"277. Savings" +"278. Agreement with States in Part B of the First Schedule" +"with regard to certain financial matters (Repealed)" +"279. Calculation of net proceeds, etc." +"299. Contracts" +"300. Suits and proceedings" +"282. Expenditure defrayable by the Union or a state out of" +"its revenues" +" 283. Custody, etc., of consolidated funds, contingency funds" +"and moneys credited to the public accounts" +"284. Custody of suitors” deposits and other moneys" +"received by public servants and courts" +"285. Exemption of property of the Union from state taxation" +"286. Restrictions as to imposition of tax on the sale or" +"purchase of goods" +"287. Exemption from taxes on electricity" +"288. Exemption from taxation by states in respect of water" +"or electricity in certain cases" +"289. Exemption of property and income of a state from" +"Union taxation" +"290. Adjustment in respect of certain expenses and" +"pensions" +"290A. Annual payment to certain devaswom funds" +"291. Privy purse sums of Rulers (Repealed)" +"292. Borrowing by the Government of India" +"293. Borrowing by states" +" RIGHT TO PROPERTY" +"300A. Persons not to be deprived of property save by" +"authority of law" +" TRADE, COMMERCE AND INTERCOURSE" +"301. Freedom of trade, commerce and intercourse" +"302. Power of Parliament to impose restrictions on trade," +"commerce and intercourse" +"303. Restrictions on the legislative powers of the Union and" +"of the states with regard to trade and commerce" +"304. Restrictions on trade, commerce and intercourse" +"among states" +"305. Saving of existing laws and laws providing for state" +"monopolies" +"306. Power of certain States in Part B of the First Schedule" +"to impose restrictions on trade and commerce" +"(Repealed)" +"307. Appointment of authority for carrying out the purposes" +"of Articles 301 to 304" +" RIGHTS AND LIABILITIES OF THE GOVERNMENT" +"" +"294. Succession to property, assets, rights, liabilities and" +"obligations in certain cases" +"295. Succession to property, assets, rights, liabilities and" +"obligations in other cases" +"296. Property accruing by escheat or lapse or bona vacantia" +"297. Things of value within territorial waters or continental" +"shelf and resources of the exclusive economic zone to" +"vest in the Union" +"298. Power to carry on trade, etc." +" PUBLIC SERVICES" +"308. Interpretation" +"309. Recruitment and conditions of service of persons" +"serving the Union or a state" +"310. Tenure of office of persons serving the union or a state" +"311. Dismissal, removal or reduction in rank of persons" +"employed in civil capacities under the Union or a state" +"312. All-India services" +"312A. Power of Parliament to vary or revoke conditions of" +"service of officers of certain services" +"313. Transitional provisions" +"314. Provision for protection of existing officers of certain" +"services (Repealed)" +" PUBLIC SERVICE COMMISSIONS" +"" +"315. Public Service Commissions for the Union and for the" +"states" +"316. Appointment and term of office of members" +"317. Removal and suspension of a member of a Public" +"Service Commission" +"318. Power to make regulations as to conditions of service" +"of members and staff of the commission" +"319. Prohibition as to the holding of offices by members of" +"the commission on ceasing to be such members" +"320. Functions of Public Service Commissions" +"321. Power to extend functions of Public Service" +"Commissions" +"322. Expenses of Public Service Commissions" +"323. Reports of Public Service Commissions" +" TRIBUNALS" +"323A. Administrative tribunals" +"323B. Tribunals for other matters" +" ELECTIONS" +"" +"324. Superintendence, direction and control of elections to" +"be vested in an Election Commission" +"325. No person to be ineligible for inclusion in, or to claim to" +"be included in a special, electoral roll on grounds of" +"religion, race, caste or sex" +"326. Elections to the House of the people and to the" +"legislative assemblies of states to be on the basis of" +"adult suffrage" +"327. Power of Parliament to make provision with respect to" +"elections to legislatures" +"328. Power of legislature of a state to make provision with" +"respect to elections to such legislature" +"329. Bar to interference by courts in electoral matters" +" SPECIAL PROVISIONS RELATING TO CERTAIN" +"CLASSES" +"330. Reservation of seats for scheduled castes and" +"scheduled tribes in the House of the people" +"331. Representation of the anglo-Indian community in the" +"House of the people" +"332. Reservation of seats for scheduled castes and" +"scheduled tribes in the legislative assemblies of the" +"states" +"333. Representation of the anglo-Indian community in the" +"legislative assemblies of the states" +"334. Reservation of seats and special representation to" +"cease after seventy years" +"335. Claims of scheduled castes and scheduled tribes to" +"services and posts" +"336. Special provision for anglo-Indian community in certain" +"services" +"337. Special provision with respect to educational grants for" +"the benefit of anglo-Indian community" +"338. National Commission for scheduled castes" +"338A. National tribes Commission for scheduled" +"338B. National Classes Commission for Backward" +"339. Control of the Union over the administration of" +"scheduled areas and the welfare of scheduled tribes" +"340. Appointment of a commission to investigate the" +"conditions of backward classes" +"341. Scheduled castes" +"342. Scheduled tribes" +"342A. Socially and educationally backward classes" +" OFFICIAL LANGUAGE" +"343. Official language of the Union" +"344. Commission and committee of Parliament on official" +"language" +"347. Special provision relating to language spoken by a" +"section of the population of a state" +"348. Language to be used in the Supreme Court and in the" +"high courts and for acts, bills, etc." +"349. Special procedure for enactment of certain laws" +"relating to language" +"350. Language to be used in representations for redress of" +"grievances" +"350A. Facilities for instruction in mothertongue at primary" +"stage" +"350B. Special officer for linguistic minorities" +"351. Directive for development of the hindi language" +" EMERGENCY PROVISIONS" +"352. Proclamation of emergency (national emergency)" +"353. Effect of proclamation of emergency" +"354. Application of provisions relating to distribution of" +"revenues while a proclamation of emergency is in" +"operation" +"355. Duty of the Union to protect states against external" +"aggression and internal disturbance" +"356. Provisions in case of failure of constitutional machinery" +"in states (president’s rule)" +"357. Exercise of legislative powers under proclamation" +"issued under article 356" +"358. Suspension of provisions of Article 19 during" +"emergencies" +"359. Suspension of the enforcement of fundamental rights" +"during emergencies 359A. Application of this part to the" +"State of Punjab (Repealed)" +"360. Provisions as to financial emergency" +" MISCELLANEOUS PROVISIONS" +"361. Protection of president and governors and rajpramukhs" +"362. Rights and privileges of rulers of Indian States" +"(Repealed)" +"363. Bar to interference by courts in disputes arising out of" +"certain treaties, agreements, etc." +"363A. Recognition granted to rulers of Indian states to cease" +"and privy purses to be abolished" +"364. Special provisions as to major ports and aerodromes" +"365. Effect of failure to comply with, or to give effect to" +"directions given by the Union (president’s rule)" +"366. Definitions" +"367. Interpretation" +" AMENDMENT OF THE CONSTITUTION" +"368. Power of Parliament to amend the Constitution and" +"procedure therefor" +" TEMPORARY, TRANSITIONAL AND SPECIAL" +"PROVISIONS" +"369. Temporary power to Parliament to make laws with" +"respect to certain matters in the State List as if they" +"were matters in the Concurrent List" +"370. Temporary provisions with respect to the State of" +"Jammu and Kashmir" +"371. Special provision with respect to the States of" +"Maharashtra and Gujarat 371A. Special provision with" +"respect to the State of Nagaland" +"371B. Special provision with respect to the State of Assam" +"371C. Special provision with respect to the State of Manipur" +"371D. Special provisions with respect to the State of Andhra" +"Pradesh or the state of Telangana" +"371E. Establishment of central university in Andhra Pradesh" +"371H. Special provision with respect to the State of Arunachal" +"Pradesh" +"371I. Special provision with respect to the State of Goa" +"371J. Special provision with respect to the State of Karnataka" +"372. Continuance in force of existing laws and their" +"adaptation" +"372A. Power of the president to adapt laws" +"373. Power of president to make order in respect of persons" +"under preventive detention in certain cases" +"374. Provisions as to judges of the federal court and" +"proceedings pending in the federal court or before His" +"Majesty in council" +"375. Courts, authorities and officers to continue to function" +"subject to the provisions of the Constitution" +"376. Provisions as to judges of high courts" +"377. Provisions as to Comptroller and Auditor General of" +"India" +"378. Provisions as to Public Service Commissions" +"378A. Special provisions as to duration of Andhra Pradesh" +"Legislative Assembly" +" 379. Provisions as to provisional Parliament and the" +"Speaker and Deputy Speaker thereof (Repealed)" +"380. Provisions as to President (Repealed)" +"381. Council of Ministers of the President (Repealed)" +"382. Provisions as to provisional Legislatures for States in" +"Part A of the First Schedule (Repealed)" +"385. Provisions as to provisional Legislatures in States in" +"Part B of the First Schedule (Repealed)" +"386. Council of Ministers for States in Part B of the First" +"Schedule (Repealed)" +"387. Special provision as to determination of population for" +"the purposes of certain elections (Repealed)" +"388. Provisions as to the filling of casual vacancies in the" +"provisional Parliament and provisional Legislatures of" +"the States (Repealed)" +"389. Provisions as to Bills pending in the Dominion" +"Legislature and in the Legislatures of Provinces and" +"Indian States (Repealed)" +"390. Moneys received or raised or expenditure incurred" +"between the commencement of the Constitution and" +"the 31st day of March, 1950 (Repealed)" +"391. Power of the President to amend the First and Fourth" +"Schedules in certain contingencies (Repealed)" +"392. Power of the President to remove difficulties" +" SHORT TITLE, COMMENCEMENT, ETC." +"393. Short title" +"394. Commencement" +"394A. Authoritative text in the hindi language" +"395. Repeals" +" Appendix II Subjects of Union, State" +"and Concurrent Lists" +" UNION LIST (LIST-I)" +"1. Defence of India" +"2. Naval, military and air forces; any other armed forces of" +"the Union" +"2A. Deployment of any armed force of the Union in any" +"state in aid of the civil power" +"3. Cantonment areas and local self-government in such" +"areas" +"4. Naval, military and air force works" +"5. Arms, firearms, ammunition, and explosives" +"6. Atomic energy and mineral resources necessary for its" +"production" +"7. Defence industries" +"8. Central Bureau of Intelligence and investigation" +"9. Preventive detention for reasons connected with" +"defence, foreign affairs, or the security of India" +"10. Foreign affairs" +"11. Diplomatic, consular and trade representation" +"12. United Nations Organisation" +"13. International conferences, associations and other" +"bodies" +"14. Treaties, agreements and conventions with foreign" +"countries" +"15. War and peace" +"16. Foreign jurisdiction" +"17. Citizenship, naturalisation and aliens" +"18. Extradition" +"19. Passports and visas" +"20. Pilgrimages to places outside India" +"21. Piracies and crimes committed on the high seas or in" +"the air and offences against the law of nations." +"22. Railways" +"23. National highways" +"24. Shipping and navigation on national waterways" +"25. Maritime shipping and navigation" +" 26. Lighthouses for the safety of shipping and aircraft" +"27. Major ports" +"28. Port quarantine, seaman and marine hospitals" +"29. Airways; aircraft and air navigation; provision of" +"aerodromes" +"30. Carriage of passengers and goods by railway, sea, air" +"or national waterways" +"31. Posts and telegraphs; telephones, wireless," +"broadcasting and other like forms of communication" +"32. Property of the Union" +"33. (Omitted)" +"34. Courts of wards for the estates of rulers of Indian states" +"35. Public debt of the Union" +"36. Currency, coinage and legal tender; foreign exchange" +"37. Foreign loans" +"38. Reserve Bank of India" +"39. Post office savings bank" +"40. Lotteries organised by the Union or state" +"41. Trade and commerce with foreign countries" +"42. Inter-state trade and commerce" +"43. Trading corporations, including banking, insurance and" +"financial corporations but not including co-operative" +"societies" +"44. Corporations, whether trading or not, with objects not" +"confined to one state" +"45. Banking" +"49. Patents, inventions and designs; copyright; trade-" +"marks and merchandise marks" +"50. Establishment of standards of weight and measure" +"51. Establishment of standards of quality for goods to be" +"exported out of India or transported from one state to" +"another" +"52. Industries, the control of which by the Union is in the" +"public interest" +"53. Oil fields and mineral oil resources; petroleum and" +"petroleum products; other liquids and substances which" +"are inflammable" +" 54. Regulation of mines and mineral development in the" +"public interest" +"55. Regulation of labour and safety in mines and oil fields" +"56. Regulation and development of interstate rivers and" +"river valleys" +"57. Fishing and fisheries beyond territorial waters" +"58. Manufacture, supply and distribution of salt by Union" +"and other agencies" +"59. Cultivation and manufacture of opium and its export" +"60. Sanctioning of cinematograph films for exhibition" +"61. Industrial disputes concerning Union employees" +"62. National Library, the Indian Museum, the Imperial War" +"Museum, the Victoria Memorial and the Indian War" +"Memorial, and any other like institution of national" +"importance" +"63. Benaras Hindu University, the Aligarh Muslim" +"University and the Delhi University; any other institution" +"of national importance" +"64. Scientific or technical education institutions of national" +"importance" +"65. Union agencies and institutions for training, research or" +"detection of crime" +"66. Standards in institutions for higher education or" +"research and scientific and technical institutions" +"68. The Survey of India, the Geological, Botanical," +"Zoological and Anthropological Surveys of India;" +"Meteorological organisations" +"69. Census" +"70. Union Public Services; All-India Services; Union Public" +"Service Commission" +"71. Union pensions" +"72. Elections to Parliament, the legislatures of states and" +"the offices of President and Vice-President; the Election" +"Commission" +"73. Salaries and allowances of members and presiding" +"officers of Parliament" +"74. Powers, privileges and immunities of each House of" +"Parliament and of the members and the committees of" +" each House" +"75. Emoluments and service conditions of the president," +"governors, the ministers for the Union and the" +"Comptroller and Auditor General" +"76. Audit of the accounts of the Union and of the states" +"77. Organisation, jurisdiction and powers of the Supreme" +"Court" +"78. Organisation of the high courts" +"79. Extension of the jurisdiction of a high court to any union" +"territory" +"80. Extension of the powers and jurisdiction of members of" +"a police force belonging to any state to any area" +"outside that state" +"81. Inter-state migration; inter-state quarantine" +"82. Taxes on income other than agricultural income" +"83. Duties of customs including export duties" +"84. Duties of excise on the following goods manufactured" +"or produced in India, namely:-" +"(a) petroleum crude" +"(b) high speed diesel" +"(c) motor spirit (commonly known as petrol)" +"(d) natural gas" +"(e) aviation turbine fuel; and" +"(f) tobacco and tobacco products" +"87. Estate duty in respect of property other than" +"agricultural land" +"88. Duties in respect of succession to property other than" +"agricultural land" +"89. Terminal taxes on goods or passengers, carried by" +"railway, sea or air; taxes on railway fares and freights" +"90. Taxes other than stamp duties on transactions in stock" +"exchanges and futures markets" +"91. Rates of stamp duty in respect of bills of exchange," +"cheques, promissory notes, bills of lading, letters of" +"credit, policies of insurance, transfer of shares," +"debentures, proxies and receipts" +"92. (Omitted)" +" 92A. Taxes on the sale or purchase of goods other than" +"newspapers, where such sale or purchase takes place" +"in the course of inter-state trade or commerce" +"92B. Taxes on the consignment of goods in the course of" +"inter-state trade or commerce" +"92C. (Omitted)" +"93. Offences against laws with respect to any of the" +"matters in this list" +"94. Inquiries, surveys and statistics for the purpose of any" +"of the matters in this list" +"95. Jurisdiction and powers of all courts (except the" +"Supreme Court) with respect to any of the matters in" +"this list; admiralty jurisdiction" +"96. Fees in respect of any of the matters in this list, but not" +"including fees taken in any court" +"97. Any other matter not enumerated in List II or List III" +"including any tax not mentioned in either of those lists" +" STATE LIST (LIST-II)" +"" +"1. Public order" +"2. Police" +"3. Officers and servants of the high court" +"7. Pilgrimages, other than pilgrimages to places outside" +"India" +"8. Intoxicating liquors" +"9. Relief of the disabled and unemployable" +"10. Burials and burial grounds" +"11. (Omitted)" +"12. Libraries, museums and other similar institutions;" +"ancient and historical monuments and records other" +"than those of national importance" +"13. Communications, that is, roads, bridges, ferries and" +"other means of communication not specified in List I" +"14. Agriculture, including agricultural education and" +"research" +"15. Preservation of stock and prevention of animal" +"diseases" +"16. Pounds and the prevention of cattle trespass" +"17. Water, that is, water supplies, irrigation and canals," +"drainage and embankments, water storage and water" +"power" +"18. Land, that is, right in or over land, land tenures and the" +"collection of rents" +"19. (Omitted)" +"20. (Omitted)" +"21. Fisheries" +"22. Courts of wards" +"23. Regulation of mines and mineral development" +"24. Industries" +"25. Gas and gas-works" +"26. Trade and commerce within the state" +"27. Production, supply and distribution of goods" +"28. Markets and fairs" +"29. (Omitted)" +" 30. Money-lending and money-lenders; relief of agricultural" +"indebtedness" +"31. Inns and inn-keepers" +"32. Corporation, other than those specified in List I, and" +"universities; unincorporated trading, literacy, scientific," +"religious and other societies and associations; co-" +"operative societies" +"36. (Omitted)" +"37. Elections to the legislature of the state" +"38. Salaries and allowances of members and presiding" +"officers of the legislature of the state" +"39. Powers, privileges and immunities of the legislature of" +"the state and of the members and the committees" +"thereof" +"40. Salaries and allowances of ministers for the state" +"41. States public services; State Public Service" +"Commission" +"42. State pensions" +"43. Public debt of the state" +"44. Treasure trove" +"45. Land revenue, including maintenance of land records" +"46. Taxes on agricultural income" +"47. Duties in respect of succession to agricultural land" +"48. Estate duty in respect of agricultural land" +"49. Taxes on lands and buildings" +"50. Taxes on mineral rights" +"51. Duties of excise on alcoholic liquors for human" +"consumption; opium, Indian hemp and other narcotic" +"drugs and narcotics, but not including medicinal and" +"toilet preparations containing alcohol" +"52. (Omitted)" +"53. Taxes on the consumption or sale of electricity" +"54. Taxes on the sale of petroleum crude, high speed" +"diesel, motor spirit (commonly known as petrol), natural" +"gas, aviation turbine fuel and alcoholic liquor for human" +"consumption, but not including sale in the course of" +"inter-state trade or commerce or sale in the course of" +"international trade or commerce of such goods" +" 55. (Omitted)" +"60. Taxes on professions, trades, callings and" +"employments" +"61. Capitation taxes" +"62. Taxes on entertainments and amusements to the" +"extent levied and collected by a Panchayat or a" +"Municipality or a Regional Council or a District Council" +"63. Rates of stamp duty in respect of documents other than" +"those specified in List I" +"64. Offences against laws with respect to any of the" +"matters in this list" +"65. Jurisdiction and powers of all courts, except the" +"Supreme Court, with respect to any of the matters in" +"this list" +"66. Fees in respect of any of the matters in this list, but not" +"including fees taken in any court" +" CQNCURRENT LIST (LIST-M)" +"" +"1. Criminal Law, including all matters included in the" +"Indian Penal Code" +"2. Criminal procedure, including all matters included in the" +"Code of Criminal Procedure" +"3. Preventive detention for reasons connected with the" +"security of a state, the maintenance of public order, or" +"the maintenance of supplies and services essential to" +"the community" +"4. Removal from one state to another state of prisoners" +"and accused persons" +"5. Marriage and divorce; infants and minors; adoption;" +"wills, intestacy and succession; joint family and partition" +"6. Transfer of property other than agricultural land;" +"registration of deeds and documents" +"7. Contracts" +"8. Actionable wrongs" +"9. Bankruptcy and insolvency" +"10. Trust and Trustees" +"11. Administrators-general and official trustees" +"11A. Administration of justice; constitution and organisation" +"of all courts, except the Supreme Court and the high" +"courts" +"12. Evidence and oaths; recognition of laws, public acts" +"and records, and judicial proceedings" +"13. Civil procedure, including all matters included in the" +"Code of Civil Procedure" +"14. Contempt of court, but not including contempt of the" +"Supreme Court" +"15. Vagrancy; nomadic and migratory tribes" +"16. Lunacy and mental deficiency" +"17. Prevention of cruelty to animals" +"17A. Forests" +"17B. Protection of wild animals and birds" +"18. Adulteration of foodstuffs and other goods" +"19. Drugs and poisons" +" 20. Economic and social planning" +"20A. Population control and family planning" +"21. Commercial and industrial monopolies, combines and" +"trusts" +"22. Trade unions; industrial and labour disputes" +"23. Social security and social insurance; employment and" +"unemployment" +"24. Welfare of labour including conditions of work," +"provident funds, employers” liability, workmen’s" +"compensation, invalidity and old age pensions and" +"maternity benefits" +"25. Education, including technical education, medical" +"education and universities" +"26. Legal, medical and other professions" +"27. Relief and rehabilitation of persons" +"28. Charitable institutions, religious endowments and" +"religious institutions" +"29. Infectious or contagious diseases or pests affecting" +"men, animals or plants" +"30. Vital statistics including registration of births and deaths" +"31. Ports other than major ports" +"32. Shipping and navigation on inland waterways" +"33. Trade and commerce in, and the production, supply" +"and distribution of, foodstuffs, including edible oilseeds" +"and oils; cattle fodder; raw cotton, and cotton seeds;" +"and raw jute" +"33A. Weights and measures except establishment of" +"standards" +"34. Price control" +"35. Mechanically propelled vehicles including the principles" +"on which taxes on such vehicles are to be levied" +"36. Factories" +"37. Boilers" +"38. Electricity" +"39. Newspapers, books and printing presses" +"40. Archaeological sites and remains other than those of" +"national importance" +"41. Evacuee property (including agricultural land)" +" 42. Acquisition and requisitioning of property" +"43. Recovery in a state of claims in respect of taxes and" +"other public demands" +"44. Stamp duties other than duties or fees collected by" +"means of judicial stamps, but not including rates of" +"stamp duty" +"45. Inquiries and statistics for the purposes of any of the" +"matters specified in List II or List III" +"46. Jurisdiction and powers of all courts, except the" +"Supreme Court, with respect to any of the matters in" +"this list" +"47. Fees in respect of any of the matters in this list, but not" +"including fees taken in any court" +" Appendix III Table of Precedence" +"The Table of Precedence is related to the rank and order of the" +"officials of the Union and State Governments. But, the order in" +"this Table is meant for state and ceremonial occassions and has" +"no application in the day-to-day business of Government. The" +"present notification on this subject was issued on 26 July, 1979." +"This notification superseded all the previous notifications and" +"was also amended many times. The updated version of the" +"Table, containing all the amendments made therein so far (2019)," +"is given below:" +"1. President" +"2. Vice-President" +"3. Prime Minister" +"4. Governors of states within their respective states" +"5. Former presidents" +"5A. Deputy Prime Minister" +"6. Chief Justice of India Speaker of Lok Sabha" +"7. Cabinet Ministers of the Union" +"Chief Ministers of States within their respective States" +"Vice-Chairperson, NITI Aayog Former Prime Ministers" +"Leaders of Opposition in Rajya Sabha and Lok Sabha" +"7A. Holders of Bharat Ratna decoration" +"8. Ambassadors Extraordinary and Plenipotentiary and" +"High Commissioners of Commonwealth countries" +"accredited to India" +"Chief Ministers of States outside their respective States" +"Governors of States outside their respective States" +"9. Judges of Supreme Court" +"9A. Chairperson, Union Public Service Commission" +"Chief Election Commissioner" +"Comptroller & Auditor General of India" +"10. Deputy Chairman, Rajya Sabha" +"Deputy Chief Ministers of States Deputy Speaker, Lok" +"Sabha" +"Members of the NITI Aayog" +" Ministers of State of the Union (and any other Minister" +"in the Ministry of Defence for defence matters)" +"11. Attorney General of India" +"Cabinet Secretary" +"Lieutenant Governors within their respective Union" +"Territories" +"12. Chiefs of Staff holding the rank of full General or" +"equivalent rank" +"13. Envoys Extraordinary and Ministers Plenipotentiary" +"accredited to India" +"14. Chairmen and Speakers of State Legislatures within" +"their respective States" +"Chief Justices of High Courts within their respective" +"jurisdictions" +"15. Cabinet Ministers in States within their respective" +"States" +"Chief Ministers of Union Territories and Chief Executive" +"Councillor, Delhi within their respective Union Territories" +"Deputy Ministers of the Union" +"16. Officiating Chiefs of Staff holding the rank of Lieutenant" +"General or equivalent rank" +"17. Chairman, Central Administrative Tribunal" +"Chairman, Minorities Commission" +"Chairperson, National Commission for Scheduled" +"Castes" +"Chairperson, National Commission for Scheduled" +"Tribes" +"Chief Justices of High Courts outside their respective" +"jurisdictions" +"Puisne Judges of High Courts within their respective" +"jurisdictions" +"18. Cabinet Ministers in States outside their respective" +"States" +"Chairmen and Speakers of State Legislatures outside" +"their respective States" +"Chairman, Monopolies and Restrictive Trade Practices" +"Commission" +"Deputy Chairmen and Deputy Speakers of State" +" Legislatures within their respective States" +"Ministers of State in States within their respective" +"States" +"Ministers of Union Territories and Executive Councilors," +"Delhi, within their respective Union Territories" +"Speakers of Legislative Assemblies in Union Territories" +"and Chairman of Delhi Metropolitan Council within their" +"respective Union Territories" +"19. Chief Commissioners of Union Territories not having" +"Councils of Ministers, within their respective Union" +"Territories" +"Deputy Ministers in States within their respective States" +"Deputy Speakers of Legislative Assemblies in Union" +"Territories and Deputy Chairman of Metropolitan" +"Council, Delhi, within their respective Union Territories" +"20. Deputy Chairmen and Deputy Speakers of State" +"Legislatures, outside their respective States" +"Ministers of State in States outside their respective" +"States" +"Puisne Judges of High Courts outside their respective" +"jurisdictions" +"21. Members of Parliament" +"22. Deputy Ministers in States outside their respective" +"States" +"23. Army Commanders / Vice-Chief of the Army Staff or" +"equivalent in other services Chief Secretaries to State" +"Governments within their respective States" +"Commissioner for Linguistic Minorities Commissioner" +"for Scheduled Castes and Scheduled Tribes Members," +"Minorities Commission Members, National Commission" +"for Scheduled Castes" +"Members, National Commission for Scheduled Tribes" +"Officers of the rank of full General or equivalent rank" +"Secretaries to the Government of India (including" +"officers holding this office ex-officio)" +"Secretary, Minorities Commission Secretary, Scheduled" +"Castes Commission Secretary, Scheduled Tribes" +"Commission Secretary to the President Secretary to the" +" Prime Minister Secretary, Rajya Sabha/Lok Sabha" +"Solicitor General" +"Vice-Chairman, Central Administrative Tribunal" +"24. Officers of the rank of Lieutenant General or equivalent" +"rank" +"25. Additional Secretaries to the Government of India" +"Additional Solicitor General Advocate Generals of" +"States Chairman, Tariff Commission Charge d” Affairs" +"and Acting High Commissioners a pied and ad interim" +"Chief Ministers of Union Territories and Chief Executive" +"Councillor, Delhi, outside their respective Union" +"Territories Chief Secretaries of State Governments" +"outside their respective States" +"Deputy Comptroller and Auditor General Deputy" +"Speakers of Legislative Assemblies in Union Territories" +"and Deputy Chairman, Delhi Metropolitan Council," +"outside their respective Union Territories Director," +"Central Bureau of Investigation Director General," +"Border Security Force Director General, Central" +"Reserve Police" +"Director, Intelligence Bureau" +"Lieutenant Governors outside their respective Union" +"Territories" +"Members, Central Administrative Tribunal" +"Members, Monopolies and Restrictive Trade Practices" +"Commission Members, Union Public Service" +"Commission" +"Ministers of Union Territories and Executive Councillors," +"Delhi, outside their respective Union Territories" +"Principal Staff Officers of the Armed Forces of the rank" +"of Major General or equivalent rank" +"Speakers of Legislative Assemblies in Union Territories" +"and Chairman of Delhi Metropolitan Council, outside" +"their respective Union Territories" +"26. Joint Secretaries to the Government of India and" +"officers of equivalent rank." +"Officers of the rank of Major-General or equivalent rank" +" Appendix IV Constitutional" +"Amendments at a Glance" +"Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"First Amendment 1. Empowered the state to make" +"Act, 1951 special provisions for the" +"advancement of socially and" +"economically backward classes." +"2. Provided for the saving of laws" +"providing for acquisition of estates," +"etc." +"3. Added Ninth Schedule to protect the" +"land reform and other laws included" +"in it from the judicial review." +"4. Added three more grounds of" +"restrictions on freedom of speech" +"and expression, viz., public order," +"friendly relations with foreign states" +"and incitement to an offence. Also," +"made the restrictions “reasonable”" +"and thus, justiciable in nature." +"5. Provided that state trading and" +"nationalisation of any trade or" +"business by the state is not to be" +"invalid on the ground of violation of" +"the right to trade or business." +"Second Readjusted the scale of representation in" +"Amendment the Lok Sabha by providing that one" +"Act, 1952 member could represent even more than" +"7,50,000 persons." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Third Amendment Empowered the Parliament to control the" +"Act, 1954 production, supply and distribution of the" +"foodstuffs, cattle fodder, raw cotton," +"cotton seed and raw jute in the public" +"interest." +"Fourth 1. Made the scale of compensation" +"Amendment given in lieu of compulsory" +"Act, 1955 acquisition of private property beyond" +"the scrutiny of courts." +"2. Authorised the state to nationalise" +"any trade." +"3. Included some more Acts in the" +"Ninth Schedule." +"4. Extended the scope of Article 31 A" +"(savings of laws)." +"Fifth Amendment Empowered the president to fix the time-" +"Act, 1955 limit for the state legislatures to express" +"their views on the proposed Central" +"legislation affecting the areas," +"boundaries and names of the states." +"Sixth Amendment Included a new subject in the Union list" +"Act, 1956 i.e., taxes on the sale and purchase of" +"goods in the course of inter-state trade" +"and commerce and restricted the state’s" +"power in this regard." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Seventh 1. Abolished the existing classification" +"Amendment of states into four categories i.e., Part" +"Act, 1956 A, Part B, Part C and Part D states," +"and reorganised them into 14 states" +"and 6 union territories." +"2. Extended the jurisdiction of high" +"courts to union territories." +"3. Provided for the establishment of a" +"common high court for two or more" +"states." +"4. Provided for the appointment of" +"additional and acting judges of the" +"high court." +"Eighth Extended the reservation of seats for the" +"Amendment SCs and STs, and special representation" +"Act, 1960 for the Anglo-Indians in the Lok Sabha" +"and the state legislative assemblies for a" +"period of ten years (i.e., up to 1970)." +"Ninth Facilitated the cession of Indian territory" +"Amendment of Berubari Union (located in West" +"Act, 1960 Bengal) to Pakistan as provided in the" +"Indo-Pakistan Agreement (1958)." +"Tenth" +"Incorporated Dadra and Nagar Haveli in" +"Amendment Act," +"the Indian Union." +"1961" +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Eleventh 1. Changed the procedure of election of" +"Amendment the vice-president by providing for an" +"Act, 1961 electoral college instead of a joint" +"meeting of the two Houses of" +"Parliament." +"2. Provided that the election of the" +"president or vice-president cannot be" +"challenged on the ground of any" +"vacancy in the appropriate electoral" +"college." +"Twelfth Incorporated Goa, Daman and Diu in the" +"Amendment Indian Union." +"Act, 1962" +"Thirteenth Gave the status of a state to Nagaland" +"Amendment and made special provisions for it." +"Act, 1962" +"Fourteenth 1. Incorporated Puducherry in the" +"Amendment Indian Union." +"Act, 1962 2. Provided for the creation of" +"legislatures and council of ministers" +"for the Union Territories of Himachal" +"Pradesh, Manipur, Tripura, Goa," +"Daman and Diu, and Puducherry." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Fifteenth 1. Enabled the high courts to issue writs" +"Amendment to any person or authority even" +"Act, 1963 outside its territorial jurisdiction if the" +"cause of action arise within its" +"territorial limits." +"2. Increased the retirement age of high" +"court judges from 60 to 62 years." +"3. Provided for appointment of retired" +"judges of the high courts as acting" +"judges of the same court." +"4. Provided for compensatory" +"allowance to judges who are" +"transferred from one high court to" +"another." +"5. Enabled the retired judge of a high" +"court to act as adhoc judge of the" +"Supreme Court." +"6. Provided for the procedure for" +"determining the age of the Supreme" +"Court and high court judges." +"Sixteenth 1. Empowered the state to impose" +"Amendment further restriction on the rights to" +"Act, 1963 freedom of speech and expression," +"to assemble peaceably and to form" +"associations in the interests of" +"sovereignty and integrity of India." +"2. Included sovereignty and integrity in" +"the forms of oaths or affirmations to" +"be subscribed by contestants to the" +"legislatures, members of the" +"legislatures, ministers, judges and" +"CAG of India." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Seventeenth 1. Prohibited the acquisition of land" +"Amendment under personal cultivation unless the" +"Act, 1964 market value of the land is paid as" +"compensation." +"2. Included 44 more Acts in the Ninth" +"Schedule." +"Eighteenth Made it clear that the power of" +"Amendment Parliament to form a new state also" +"Act, 1966 includes a power to form a new state or" +"union territory by uniting a part of a state" +"or a union territory to another state or" +"union territory." +"Nineteenth Abolished the system of Election" +"Amendment Tribunals and vested the power to hear" +"Act, 1966 election petitions in the High Courts." +"Twentieth Validated certain appointments of district" +"Amendment judges in the UP which were declared" +"Act, 1966 void by the Supreme Court." +"Twenty-First Included sindhi as the 15th language in" +"Amendment the Eight Schedule." +"Act, 1967" +"Twenty-Second Facilitated the creation of a new" +"Amendment Act, autonomous State of Meghalaya within" +"1969 the State of Assam." +"Extended the reservation of seats for the" +"SCs and STs, and special representation" +"Twenty-Third" +"for the Anglo-Indians in the Lok Sabha" +"Amendment Act," +"and the state legislative assemblies for a" +"1969" +"further period of ten years (i.e., up to" +"1980)." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Twenty-Fourth 1. Affirmed the power of Parliament to" +"Amendment Act, amend any part of the Constitution" +"1971 including fundamental rights." +"2. Made it compulsory for the president" +"to give his assent to a Constitutional" +"Amendment Bill." +"Twenty-Fifth 1. Curtailed the fundamental right to" +"Amendment property." +"Act, 1971 2. Provided that any law made to give" +"effect to the Directive Principles" +"contained in Article 39 (b) or (c)" +"cannot be challenged on the ground" +"of violation of the rights guaranteed" +"by Articles 14, 19 and 31." +"Twenty-Sixth Abolished the privy purses and privileges" +"Amendment Act, of the former rulers of princely states." +"1971" +"Twenty-Seventh 1. Empowered the administrators of" +"Amendment, certain union territories to promulgate" +"1971 ordinances." +"2. Made certain special provisions for" +"new Union Territories of Arunachal" +"Pradesh and Mizoram." +"3. Authorised the Parliament to create" +"the legislative assembly and the" +"council of ministers for the new state" +"of Manipur." +"Twenty-Eighth Abolished the special privileges of ICS" +"Amendment Act, officers and empowered the Parliament" +"1972 to determine their service conditions." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Twenty-Ninth Included two Kerala Acts on land reforms" +"Amendment Act, in the Ninth Schedule." +"1972" +"Thirtieth Did away with the provision which" +"Amendment allowed appeal to the Supreme Court in" +"Act, 1972 civil cases involving an amount of" +"‘20,000, and provided instead that an" +"appeal can be filed in the Supreme Court" +"only if the case involves a substantial" +"question of law." +"Thirty-First Increased the number of Lok Sabha" +"Amendment seats from 525 to 545." +"Act, 1972" +"Thirty-Second Made special provisions to satisfy the" +"Amendment Act, aspirations of the people of the" +"1973 Telengana region in Andhra Pradesh." +"Provided that the resignation of the" +"members of Parliament and the state" +"Thirty-Third" +"legislatures may be accepted by the" +"Amendment" +"Speaker/Chairman only if he is satisfied" +"Act, 1974" +"that the resignation is voluntary or" +"genuine." +"Thirty-Fourth Included twenty more land tenure and" +"Amendment Act, land reforms acts of various states in the" +"1974 Ninth Schedule." +"Terminated the protectorate status of" +"Sikkim and conferred on it the status of" +"Thirty-Fifth an associate state of the Indian Union." +"Amendment The Tenth Schedule was added laying" +"Act, 1974 down the terms and conditions of" +"association of Sikkim with the Indian" +"Union." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Thirty-Sixth Made Sikkim a full-fledged State of the" +"Amendment Indian Union and omitted the Tenth" +"Act, 1975 Schedule." +"Thirty-Seventh Provided legislative assembly and" +"Amendment Act, council of ministers for the Union Territory" +"1975 of Arunachal Pradesh." +"Thirty-Eighth 1. Made the declaration of emergency" +"Amendment Act, by the president non-justiciable." +"1975 2. Made the promulgation of ordinances" +"by the president, governors and" +"administrators of union territories" +"non-justiciable." +"3. Empowered the president to declare" +"different proclamations of national" +"emergency on different grounds" +"simultaneously." +"Thirty-Ninth 1. Placed the disputes relating to the" +"Amendment president, vice-president, prime" +"Act, 1975 minister and Speaker beyond the" +"scope of the judiciary. They are to be" +"decided by such authority as may be" +"determined by the Parliament." +"2. Included certain Central acts in the" +"Ninth Schedule." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Fortieth 1. Empowered the Parliament to specify" +"Amendment from time to time the limits of the" +"Act, 1976 territorial waters, the continental" +"shelf, the exclusive economic zone" +"(EEZ) and the maritime zones of" +"India." +"2. Included 64 more Central and state" +"laws, mostly relating to land reforms," +"in the Ninth Schedule." +"Forty-First Raised the retirement age of members of" +"Amendment State Public Service Commission and" +"Act, 1976 Joint Public Service Commission from 60" +"to 62." +"Forty-Second 1. Added three new words (i.e.," +"Amendment Act, socialist, secular and integrity) in the" +"1976 (The most Preamble." +"comprehensive 2. Added Fundamental Duties by the" +"amendment citizens (new Part IV A)." +"made so far to" +"3. Made the president bound by the" +"the Constitution;" +"advise of the cabinet." +"it is known as" +"“Mini- 4. Provided for administrative tribunals" +"Constitution’; it and tribunals for other matters" +"gave effect to the (Added Part XIV A)." +"recommendations 5. Froze the seats in the Lok Sabha" +"of Swaran Singh and state legislative assemblies on" +"Committee.) the basis of 1971 census till 2001." +"6. Made the constitutional amendments" +"beyond judicial scrutiny." +"7. Curtailed the power of judicial review" +"and writ jurisdiction of the Supreme" +"Court and high courts." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"8. Raised the tenure of Lok Sabha and" +"state legislative assemblies from 5 to" +"6 years." +"9. Provided that the laws made for the" +"implementation of Directive" +"Principles cannot be declared invalid" +"by the courts on the ground of" +"violation of some Fundamental" +"Rights." +"10. Empowered the Parliament to make" +"laws to deal with anti-national" +"activities and such laws are to take" +"precedence over Fundamental" +"Rights." +"11. Added three new Directive Principles" +"viz., equal justice and free-legal aid," +"participation of workers in the" +"management of industries and" +"protection of environment, forests" +"and wild life." +"12. Facilitated the proclamation of" +"national emergency in a part of" +"territory of India." +"13. Extended the one-time duration of" +"the President’s rule in a state from 6" +"months to one year." +"14. Empowered the Centre to deploy its" +"armed forces in any state to deal with" +"a grave situation of law and order." +"15. Shifted five subjects from the state" +"list to the concurrent list, viz," +"education, forests, protection of wild" +"animals and birds, weights and" +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"measures and administration of" +"justice, constitution and organisation" +"of all courts except the Supreme" +"Court and the high courts." +"16. Did away with the requirement of" +"quorum in the Parliament and the" +"state legislatures." +"17. Empowered the Parliament to decide" +"from time to time the rights and" +"privileges of its members and" +"committees." +"18. Provided for the creation of the All-" +"India Judicial Service." +"19. Shortened the procedure for" +"disciplinary action by taking away the" +"right of a civil servant to make" +"representation at the second stage" +"after the inquiry (i.e., on the penalty" +"proposed)." +"Forty-Third 1. Restored the jurisdiction of the" +"Amendment Act, Supreme Court and the high courts in" +"1977 (Enacted by respect of judicial review and issue of" +"the Janata writs." +"Government to 2. Deprived the Parliament of its special" +"nullify some of powers to make laws to deal with" +"the distortions anti-national activities." +"introduced by the" +"42nd Amendment" +"Act of 1976)" +"Forty-Fourth 1. Restored the original term of the Lok" +"Amendment Act, Sabha and the state legislative" +"1978 (Enacted by assemblies (i.e., 5 years).""" +"the Janata" +" Government" +"Amendment Amended Provisions of the" +"mainly" +"Number to and" +"nullify Constitution" +"some" +"Year of the other" +"distortions" +"2. Restored the provisions with regard" +"introduced by the" +"to quorum in the Parliament and" +"42nd Amendment" +"state legislatures." +"Act, 1976)" +"3. Omitted the reference to the British" +"House of Commons in the provisions" +"pertaining to the parliamentary" +"privileges." +"4. Gave constitutional protection to" +"publication in newspaper of true" +"reports of the proceedings of the" +"Parliament and the state legislatures." +"5. Empowered the president to send" +"back once the advice of cabinet for" +"reconsideration. But, the" +"reconsidered advice is to be binding" +"on the president." +"6. Deleted the provision which made" +"the satisfaction of the president," +"governor and administrators final in" +"issuing ordinances." +"7. Restored some of the powers of the" +"Supreme Court and high courts." +"8. Replaced the term “internal" +"disturbance” by “armed rebellion” in" +"respect of national emergency." +"9. Made the President to declare a" +"national emergency only on the" +"written recommendation of the" +"cabinet." +"10. Made certain procedural safeguards" +"with respect to national emergency" +"and President’s rule." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"11. Deleted the right to property from the" +"list of Fundamental Rights and made" +"it only a legal right." +"12. Provided that the fundamental rights" +"guaranteed by Articles 20 and 21" +"cannot be suspended during a" +"national emergency." +"13. Omitted the provisions which took" +"away the power of the court to decide" +"the election disputes of the president," +"the vice-president, the prime minister" +"and the Speaker of the Lok Sabha." +"Forty-Fifth Extended the reservation of seats for the" +"Amendment SCs and STs and special representation" +"Act, 1980 for the Anglo-Indians in the Lok Sabha" +"and the state legislative assemblies for a" +"further period of ten years (i.e., up to" +"1990)." +"Forty-Sixth 1. Enabled the states to plug loopholes" +"Amendment in the laws and realise sales tax" +"Act, 1982 dues." +"2. Brought about some uniformity in tax" +"rates on certain items." +"Forty-Seventh Included 14 land reforms Acts of various" +"Amendment Act, states in the Ninth Schedule." +"1984" +"Forty-Eighth Facilitated the extension of President’s" +"Amendment rule in Punjab beyond one year without" +"Act, 1984 meeting the two special conditions for" +"such extension." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Forty-Ninth Gave a constitutional sanctity to the" +"Amendment Autonomous District Council in Tripura." +"Act, 1984" +"Fiftieth Empowered the Parliament to restrict the" +"Amendment Fundamental Rights of persons" +"Act, 1984 employed in intelligence organisations" +"and telecommunication systems set up" +"for the armed forces or intelligence" +"organisations." +"Fifty-First Provided for reservation of seats in the" +"Amendment Lok Sabha for STs in Meghalaya," +"Act, 1984 Arunachal Pradesh, Nagaland and" +"Mizoram as well as in the Legislative" +"Assemblies of Meghalaya and Nagaland." +"Fifty-Second Provided for disqualification of members" +"Amendment Act, of Parliament and state legislatures on" +"1985 (popularly the ground of defection and added a new" +"known as Anti- Tenth Schedule containing the details in" +"Defection Law) this regard." +"Fifty-Third Made special provisions in respect of" +"Amendment Mizoram and fixed the strength of its" +"Act, 1986 Assembly at a minimum of 40 members." +"Fifty-Fourth Increased the salaries of the Supreme" +"Amendment Court and high court judges and enabled" +"Act, 1986 the Parliament to change them in future" +"by an ordinary law." +"Fifty-Fifth Made special provisions in respect of" +"Amendment Arunachal Pradesh and fixed the strength" +"Act, 1986 of its Assembly at a minimum of 30" +"members." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Fifty-Sixth Fixed the strength of the Goa Legislative" +"Amendment Assembly at a minimum of 30 members." +"Act, 1987" +"Fifty-Seventh Reserved seats for the STs in the" +"Amendment Act, legislative assemblies of the states of" +"1987 Arunachal Pradesh, Meghalaya, Mizoram" +"and Nagaland." +"Fifty-Eighth Provided for an authoritative text of the" +"Amendment Constitution in hindi language and gave" +"Act, 1987 the same legal sanctity to the Hindi" +"version of the Constitution." +"Fifty-Ninth 1. Facilitated the extension of" +"Amendment President’s Rule in Punjab up to" +"Act, 1988 three years." +"2. Provided for the declaration of" +"national emergency in Punjab on the" +"ground of internal disturbance." +"Increased the ceiling of taxes on" +"Sixtieth" +"professions, trades, callings and" +"Amendment Act," +"employments from ‘250 per annum to" +"1988" +"‘2,500 per annum." +"Sixty-First Reduced the voting age from 21 years to" +"Amendment 18 years for the Lok Sabha and state" +"Act, 1989 legislative assembly elections." +"Extended the reservation of seats for the" +"SCs and STs and special representation" +"Sixty-Second" +"for the Anglo-Indians in the Lok Sabha" +"Amendment Act," +"and the state legislative assemblies for" +"1989" +"the further period of ten years (i.e., up to" +"2000)." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Repealed the changes introduced by the" +"Sixty-Third 59th Amendment Act of 1988 in relation" +"Amendment to Punjab. In other words, Punjab was" +"Act, 1989 brought at par with the other states in" +"respect of emergency provisions." +"Sixty-Fourth Facilitated the extension of the" +"Amendment President’s rule in Punjab upto a total" +"Act, 1990 period of three years and six months." +"Sixty-Fifth Provided for the establishment of a multi-" +"Amendment member National Commission for SCs" +"Act, 1990 and STs in the place of a Special Officer" +"for SCs and STs." +"Sixty-Sixth Included 55 more land reforms Acts of" +"Amendment various states in the Ninth Schedule." +"Act, 1990" +"Sixty-Seventh Facilitated the extension of the" +"Amendment Act, President’s rule in Punjab up to a total" +"1990 period of four years." +"Sixty-Eighth Facilitated the extension of the" +"Amendment President’s rule in Punjab up to a total" +"Act, 1991 period of five years." +"Accorded a special status to the Union" +"Territory of Delhi by designing it as the" +"Sixty-Ninth National Capital Territory of Delhi. The" +"Amendment amendment also provided for the" +"Act, 1991 creation of a 70-member legislative" +"assembly and a 7-member council of" +"ministers for Delhi." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Provided for the inclusion of the" +"members of the Legislative Assemblies" +"Seventieth" +"of National Capital Territory of Delhi and" +"Amendment" +"the Union Territory of Puducherry in the" +"Act, 1992" +"electoral college for the election of the" +"president." +"Seventy-First Included konkani, manipuri and nepali" +"Amendment Act, languages in the Eight Schedule. With" +"1992 this, the total number of scheduled" +"languages increased to 18." +"Seventy-Second Provided for reservation of seats for the" +"Amendment Act, STs in the Legislative Assembly of" +"1992 Tripura." +"Seventy-Third Granted constitutional status and" +"Amendment Act, protection to the panchayati raj" +"1992 institutions. For this purpose, the" +"Amendment has added a new Part-IX" +"entitled as “the panchayats” and a new" +"Eleventh Schedule containing 29" +"functional items of the panchayats." +"Seventy-Fourth Granted constitutional status and" +"Amendment Act, protection to the urban local bodies. For" +"1992 this purpose, the Amendment has added" +"a new Part IX-A entitled as “the" +"municipalities” and a new Twelfth" +"Schedule containing 18 functional items" +"of the municipalities." +"Seventy-Fifth Provided for the establishment of rent" +"Amendment Act, tribunals for the adjudication of disputes" +"1994 with respect to rent, its regulation and" +"control and tenancy issues including the" +"rights, title and interest of landlords and" +"tenants." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Seventy-Sixth Included the Tamil Nadu Reservation Act" +"Amendment Act, of 1994 (which provides for 69 per cent" +"1994 reservation of seats in educational" +"institutions and posts in state services) in" +"the Ninth Schedule to protect it from" +"judicial review. In 1992, the Supreme" +"Court ruled that the total reservation" +"should not exceed 50 per cent." +"Seventy-Seventh Provided for reservation in promotions in" +"Amendment Act, government jobs for SCs and STs. This" +"1995 amendment nullified the Supreme Court" +"ruling with regard to reservation in" +"promotions." +"Seventy-Eighth Included 27 more land reforms Acts of" +"Amendment Act, various states in the Ninth Schedule." +"1995 With this, the total number of Acts in the" +"Schedule increased to 282. But, the last" +"entry is numbered 284." +"Seventy-Ninth Extended the reservation of seats for the" +"Amendment Act, SCs and STs and special representation" +"1999 for the Anglo-Indians in the Lok Sabha" +"and the state legislative assemblies for a" +"further period of ten years (i.e., up to" +"2010)." +"Eightieth Provided for an “alternative scheme of" +"Amendment devolution” of revenue between the" +"Act, 2000 Centre and states. This was enacted on" +"the basis of the recommendations of the" +"Tenth Finance Commission which has" +"recommended that out of the total" +"income obtained from Central taxes and" +"duties, twenty-nine per cent should be" +"distributed among the states." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Eighty-First Empowered the state to consider the" +"Amendment unfilled reserved vacancies of a year as a" +"Act, 2000 separate class of vacancies to be filled" +"up in any succeeding year or years. Such" +"class of vacancies are not to be" +"combined with the vacancies of the year" +"in which they are being filled up to" +"determine the ceiling of 50 per cent" +"reservation on total number of vacancies" +"of that year. In brief, this amendment" +"ended the 50 per cent ceiling on" +"reservation in backlog vacancies." +"Eighty-Second Provided for making of any provision in" +"Amendment Act, favour of the SCs and STs for relaxation" +"2000 in qualifying marks in any examination or" +"lowering the standards of evaluation, for" +"reservation in matters of promotion to the" +"public services of the Centre and the" +"states." +"Eighty-Third Provided that no reservation in" +"Amendment panchayats need be made for SCs in" +"Act, 2000 Arunachal Pradesh. The total population" +"of the state is tribal and there are no" +"SCs." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Eighty-Fourth Extended the ban on readjustment of" +"Amendment Act, seats in the Lok Sabha and the state" +"2001 legislative assemblies for another 25" +"years (i.e., up to 2026) with the same" +"objective of encouraging population" +"limiting measures. In other words, the" +"number of seats in the Lok Sabha and" +"the assemblies are to remain same till" +"2026. It also provided for the" +"readjustment and rationalisation of" +"territorial constituencies in the states on" +"the basis of the population figures of" +"1991 census." +"Eighty-Fifth Provided for “consequential seniority” in" +"Amendment the case of promotion by virtue of rule of" +"Act, 2001 reservation for the government servants" +"belonging to the SCs and STs with" +"retrospective effect from June 1995." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Eighty-Sixth 1. Made elementary education a" +"Amendment fundamental right. The newly-added" +"Act, 2002 Article 21-A declares that “the State" +"shall provide free and compulsory" +"education to all children of the age of" +"six to fourteen years in such manner" +"as the State may determine”." +"2. Changed the subject matter of Article" +"45 in Directive Principles. It now" +"reads—“The State shall endeavour to" +"provide early childhood care and" +"education for all children until they" +"complete the age of six years”." +"3. Added a new fundamental duty" +"under Article 51-A which reads—“It" +"shall be the duty of every citizen of" +"India who is a parent or guardian to" +"provide opportunities for education to" +"his child or ward between the age of" +"six and fourteen years”." +"Eighty-Seventh Provided for the readjustment and" +"Amendment Act, rationalisation of territorial constituencies" +"2003 in the states on the basis of the" +"population figures of 2001 census and" +"not 1991 census as provided earlier by" +"the 84th Amendment Act of 2001." +"Eighty-Eighth Made a provision for service tax. Taxes" +"Amendment Act, on services are levied by the Centre. But," +"2003 their proceeds are collected as well as" +"appropriated by both the Centre and the" +"states in accordance with the principles" +"formulated by parliament." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Eighty-Ninth Bifurcated the erstwhile combined" +"Amendment National Commission for Scheduled" +"Act, 2003 Castes and Scheduled Tribes into two" +"separate bodies, namely, National" +"Commission for Scheduled Castes and" +"National Commission for Scheduled" +"Tribes. Both the Commissions consist of" +"a Chairperson, a ViceChairperson and" +"three other members. They are" +"appointed by the President." +"Ninetieth Provided for maintaining the erstwhile" +"Amendment representation of the Scheduled Tribes" +"Act, 2003 and nonScheduled Tribes in the Assam" +"legislative assembly from the Bodoland" +"Territorial Areas District." +"Ninety-First Made the following provisions to limit the" +"Amendment size of Council of Ministers, to debar" +"Act, 2003 defectors from holding public offices, and" +"to strengthen the anti-defection law:" +"1. The total number of ministers," +"including the Prime Minister, in the" +"Central Council of Ministers shall not" +"exceed 15% of the total strength of" +"the Lok Sabha." +"2. A member of either house of" +"Parliament belonging to any political" +"party who is disqualified on the" +"ground of defection shall also be" +"disqualified to be appointed as a" +"minister." +"3. The total number of ministers," +"including the Chief Minister, in the" +"Council of Ministers in a state shall" +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"not exceed 15% of the total strength" +"of the legislative Assembly of that" +"state. But, the number of ministers," +"including the Chief Minister, in a state" +"shall not be less than 12." +"4. A member of either House of a state" +"legislature belonging to any political" +"party who is disqualified on the" +"ground of defection shall also be" +"disqualified to be appointed as a" +"minister." +"5. A member of either House of" +"Parliament or either House of a State" +"Legislature belonging to any political" +"party who is disqualified on the" +"ground of defection shall also be" +"disqualified to hold any remunerative" +"political post. The expression" +"“remunerative political post” means" +"(i) any office under the central" +"government or a state government" +"where the salary or remuneration for" +"such office is paid out of the public" +"revenue of the concerned" +"government; or (ii) any office under a" +"body, whether incorporated or not," +"which is wholly or partially owned by" +"the central government or a state" +"government and the salary or" +"remuneration for such office is paid" +"by such body, except where such" +"salary or remuneration paid is" +"compensatory in nature." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"6. The provision of the Tenth Schedule" +"(anti-defection law) pertaining to" +"exemption from disqualification in" +"case of split by one-third members of" +"legislature party has been deleted. It" +"means that the defectors have no" +"more protection on grounds of splits." +"Ninety-Second Included four more languages in the" +"Amendment Act, Eighth Schedule. They are Bodo, Dogri" +"2003 (Dongri)," +"Mathilli (Maithili) and Santhali. With this," +"the total number of constitutionally" +"recognised languages increased to 22." +"Ninety-Third Empowered the state to make special" +"Amendment Act, provisions for the socially and" +"2005 educationally backward classes or the" +"Scheduled Castes or the Scheduled" +"Tribes in educational institutions" +"including private educational institutions" +"(whether aided or unaided by the state)," +"except the minority educational" +"institutions." +"Ninety-Fourth Freed Bihar from the obligation of having" +"Amendment Act, a tribal welfare minister and extended the" +"2006 same provision to Jharkhand and" +"Chhattisgarh. This provision will now be" +"applicable to the two newly formed states" +"and Madhya Pradesh and Odisha, where" +"it has already been in force." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Ninety-Fifth Extended the reservation of seats for the" +"Amendment SCs and STs and special representation" +"Act, 2009 for the Anglo-Indians in the Lok Sabha" +"and the state legislative assemblies for a" +"further period of ten years i.e., upto 2020." +"Ninety-Sixth Substituted “Odia” for “Oriya”." +"Amendment Consequently, the “Oriya” language in" +"Act, 2011 the Eighth Schedule shall be pronounced" +"as “Odia”." +"Ninety-Seventh Gave a constitutional status and" +"Amendment Act, protection to co-operative societies. In" +"2011 this context, it made the following three" +"changes in the constitution:" +"1. It made the right to form co-operative" +"societies a fundamental right." +"2. It included a new Directive Principle" +"of State Policy on promotion of co-" +"operative societies." +"3. It added a new Part IX-B in the" +"constitution which is entitled as “The" +"Co-operative Societies”." +"Ninety-Eighth Provided for special provisions for the" +"Amendment Act, Hyderabad- Karnataka region of the" +"2012 State of Karnataka. The special" +"provisions aim to establish an institutional" +"mechanism for equitable allocation of" +"funds to meet the development needs" +"over the region, as well as to enhance" +"human resources and promote" +"employment from the region by providing" +"for local cadres in service and" +"reservation in educational and vocational" +"training institutions." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"Ninety-Ninth Replaced the collegium system of" +"Amendment Act, appointing judges to the Supreme Court" +"2014 and High Courts with a new body called" +"the National Judicial Appointments" +"Commission (NJAC). However, in 2015," +"the Supreme Court has declared this" +"amendment act as unconstitutional and" +"void. Consequently, the earlier collegium" +"system became operative again." +"One Hundredth Gave effect to the acquiring of certain" +"Amendment Act, territories by India and transfer of certain" +"2015 other territories to Bangladesh (through" +"exchange of enclaves and retention of" +"adverse possessions) in pursuance of" +"the Land Boundary Agreement of 1974" +"and its Protocol of 2011. For this" +"purpose, this amendment act amended" +"the provisions relating to the territories of" +"four states (Assam, West Bengal," +"Meghalaya and Tripura) in the First" +"Schedule of the Constitution." +"One Hundred and Paved the way for the introduction of the" +"First goods and services tax (GST) regime in" +"Amendment Act, the country. The GST shall replace a" +"2016 number of indirect taxes being levied by" +"the Union and the State Government. It is" +"intented to remove cascading effect of" +"taxes and provide for a common national" +"market for goods and services. The" +"proposed Central and State GST will be" +"levied on all transactions involving supply" +"of goods and services, except those" +"which are kept out of the purview of the" +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"GST. Accordingly, the amendment made" +"the following provisions:" +"1. Conferred concurrent taxing powers" +"upon the Parliament and the State" +"Legislatures to makes laws for" +"levying GST on every transaction of" +"supply of goods or services or both." +"2. Dispensed the concept of “declared" +"goods of special importance” under" +"the constitution." +"3. Provided for the levy of Integrated" +"GST on inter-state transactions of" +"goods and services." +"4. Provided for the establishment of a" +"Goods and Services Tax Council by a" +"presidential order." +"5. Made the provision of compensation" +"to the states for loss of revenue" +"arising on account of introduction of" +"GST for a period of five years." +"6. Substituted and ommitted certain" +"entries in the Union and State Lists of" +"the Seventh Schedule." +" Amendment Amended Provisions of the" +"Number and Constitution" +"Year" +"One Hundred and 1. Conferred a constitutional status on" +"Second the National Commission for" +"Amendment Act, Backward Classes which was set-up" +"2018 in 1993 by an Act of the Parliament." +"2. Relieved the National Commission" +"for Scheduled Castes from its" +"functions with regard to the backward" +"classes." +"3. Empowered the President to specify" +"the socially and educationally" +"backward classes in relation to a" +"state or union territory." +"One Hundred and 1. Empowered the state to make any" +"Third special provision for the" +"Amendment Act, advancement of any economically" +"2019 weaker sections of citizens." +"2. Allowed the state to make a provision" +"for the reservation of upto 10% of" +"seats for such sections in admission" +"to educational institutions including" +"private educational institutions," +"whether aided or unaided by the" +"state, expect the minority educational" +"institutions. This reservation of upto" +"10% would be in addition to the" +"existing reservations." +"3. Permitted the state to make a" +"provision for the reservation of upto" +"10% of appointments or posts in" +"favour of such sections. This" +"reservation of upto 10 % would be in" +"addition to the existing reservation." +" Appendix V Presidents, Vice-" +"Presidents, Prime Ministers, etc." +"A. PRESIDENTS OF INDIA" +"Name Tenure" +"1. Dr. Rajendra Prasad 1950 - 1962" +"2. Dr. Sarvepalli Radhakrishnan 1962 - 1967" +"3. Dr. Zakir Husain 1967 - 1969" +"(Died)" +"4. Varahagiri Venkatagiri 1969 - 1969" +"(Acting)" +"5. Justice Mohammad Hidayatullah 1969 - 1969" +"(Acting)" +"6. Varahagiri Venkatagiri 1969 - 1974" +"7. Fakhruddin Ali Ahmed 1974 - 1977" +"(Died)" +"8. B.D. Jatti 1977 - 1977" +"(Acting)" +"9. Neelam Sanjiva Reddy 1977 - 1982" +"10. Giani Zail Singh 1982 - 1987" +"11. R. Venkataraman 1987 - 1992" +"12. Dr. Shanker Dayal Sharma 1992 - 1997" +"13. K.R. Narayanan 1997 - 2002" +"14. Dr. A.P.J. Abdul Kalam 2002 - 2007" +"15. Smt. Pratibha Patil 2007 - 2012" +"16. Pranab Mukherjee 2012 - 2017" +"17. Ram Nath Kovind 2017 - till date" +" B. VICE-PRESIDENTS OF INDIA" +"Name Tenure" +"1. Dr. Sarvepalli Radhakrishnan 1952 - 1962" +"2. Dr. Zakir Husain 1962 - 1967" +"3. Varahagiri Venkatagiri 1967 - 1969" +"4. Gopal Swarup Pathak 1969 - 1974" +"5. B.D. Jatti 1974 - 1979" +"6. Justice Mohammad Hidayatullah 1979 - 1984" +"7. R. Venkataraman 1984 - 1987" +"8. Dr. Shanker Dayal Sharma 1987 - 1992" +"9. K.R. Narayanan 1992 - 1997" +"10. Krishan Kant 1997 - 2002" +"(Died)" +"11. Bhairon Singh Shekhawat 2002 - 2007" +"12. Mohammed Hamid Ansari 2007 - 2012" +"13. Mohammed Hamid Ansari 2012 - 2017" +"14. Venkaiah Naidu 2017 - till date" +"" +"C. PRIME MINISTERS OF INDIA" +"Name Tenure" +"1. Jawaharlal Nehru 1947 - 1964 (Died)" +"2. Gulzari Lal Nanda 1964 - 1964 (Acting)" +"3. Lal Bahadur Shastri 1964 - 1966 (Died)" +"4. Gulzari Lal Nanda 1966 - 1966 (Acting)" +"5. Indira Gandhi 1966 - 1977" +"6. Morarji Desai 1977 - 1979" +"7. Charan Singh 1979 - 1980" +" Name Tenure" +"8. Indira Gandhi 1980 - 1984 (Died)" +"9. Rajiv Gandhi 1984 - 1989" +"10. Vishwanath Pratap Singh 1989 - 1990" +"11. Chandra Shekhar 1990 - 1991" +"12. P.V. Narasimha Rao 1991 - 1996" +"13. Atal Bihari Vajpayee 1996 - 1996" +"(For 16 Days)" +"14. H.D. Deve Gowda 1996 - 1997" +"15. I.K. Gujral 1997 - 1998" +"16. Atal Bihari Vajpayee 1998 - 1999" +"17. Atal Bihari Vajpayee 1999 - 2004" +"18. Dr. Manmohan Singh 2004 - 2009" +"19. Dr. Manmohan Singh 2009 - 2014" +"20. Narendra Modi 2014 - 2019" +"21. Narendra Modi 2019 - till date" +"" +"D. DEPUTY PRIME MINISTERS" +"Name Tenure" +"1. Sardar Vallabhbhai Patel 1947 - 1950" +"2. Morarji Desai 1967 - 1969" +"3. Charan Singh and Jagjivan Ram (jointly) 1977 - 1979" +"4. Y.B. Chavan 1979 - 1980" +"5. Devi Lal 1989 - 1990" +"6. Devi Lal 1990 - 1991" +"7. L.K. Advani 2002 - 2004" +" E. SPEAKERS OF THE LOK SABHA" +"Name Tenure" +"1. Ganesh Vasudev 1952 - 1956 (Died)" +"Mavalankar" +"2. M. Ananthasayanam 1956 - 1962" +"Ayyangar" +"3. Hukam Singh 1962 - 1967" +"4. Neelam Sanjiva Reddy 1967 - 1969 (Resigned)" +"5. Gurdial Singh Dhillon 1969 - 1975 (Resigned)" +"6. Bali Ram Bhagat 1976 - 1977" +"7. Neelam Sanjiva Reddy 1977 - 1977 (Resigned)" +"8. K.S. Hegde 1977 - 1980" +"9. Bal Ram Jakhar 1980 - 1989" +"10. Rabi Ray 1989 - 1991" +"11. Shivraj V. Patil 1991 - 1996" +"12. P.A. Sangma 1996 - 1998" +"13. G.M.C. Balayogi 1998 - 2002 (Died)" +"14. Manohar Gajanan Joshi 2002 - 2004" +"15. Somnath Chatterjee 2004 - 2009" +"16. Ms. Meira Kumar 2009 - 2014" +"17. Ms. Sumitra Mahajan 2014 - 2019" +"18. Om Birla 2019 - till date" +"" +"F. CHIEF JUSTICES OF INDIA" +"Name Tenure" +"1. Harilal J. Kania 1950 - 1951" +"2. M. Patanjali Sastri 1951 - 1954" +" Name Tenure" +"3. M.C. Mahajan 1954 - 1954" +"4. B.K. Mukherjea 1954 - 1956" +"5. S.R. Das 1956 - 1959" +"6. B.P. Sinha 1959 - 1964" +"7. P.B. Gajendragadkar 1964 - 1966" +"8. A.K. Sarkar 1966 - 1966" +"9. K. Subba Rao 1966 - 1967" +"10. K.N. Wanchoo 1967 - 1968" +"11. M. Hidayatullah 1968 - 1970" +"12. J.C. Shah 1970 - 1971" +"13. S.M. Sikri 1971 - 1973" +"14. A.N. Ray 1973 - 1977" +"15. M.H. Beg 1977 - 1978" +"16. Y.V. Chandrachud 1978 - 1985" +"17. P.N. Bhagwati 1985 - 1986" +"18. R.S. Pathak 1986 - 1989" +"19. E.S. Venkataramaiah 1989 - 1989" +"20. S. Mukherjee 1989 - 1990" +"21. Ranganath Mishra 1990 - 1991" +"22. K.N. Singh 1991 - 1991" +"23. M.H. Kania 1991 - 1992" +"24. L.M. Sharma 1992 - 1993" +"25. M.N. Venkatachalaiah 1993 - 1994" +"26. A.M. Ahmadi 1994 - 1997" +"27. J.S. Verma 1997 - 1998" +" Name Tenure" +"28. M.M. Punchhi 1998 - 1998" +"29. A.S. Anand 1998 - 2001" +"30. S.P. Bharucha 2001 - 2002" +"31. B.N. Kirpal 2002 - 2002" +"32. G.B. Pattanaik 2002 - 2002" +"33. V.N. Khare 2002 - 2004" +"34. S. Rajendra Babu 2004 - 2004" +"35. R.C. Lahoti 2004 - 2005" +"36. Y.K. Sabharwal 2005 - 2007" +"37. K.G. Balakrishnan 2007 - 2010" +"38. S.H. Kapadia 2010 - 2012" +"39. Altamas Kabir 2012 - 2013" +"40. P. Sathasivam 2013 - 2014" +"41. R.M. Lodha 2014 - 2014" +"42. H.L. Dattu 2014 - 2015" +"43. T.S. Thakur 2015 - 2017" +"44. J.S. Khehar 2017 - 2017" +"45. Dipak Misra 2017 - 2018" +"46. Ranjan Gogoi 2018 - 2019" +"47. S.A. Bobde 2019 - till date" +"" +"G. CHIEF ELECTION COMMISSIONERS OF INDIA" +"Name Tenure" +"1. Sukumar Sen 1950 - 1958" +"2. K.V.K. Sundaram 1958 - 1967" +" Name Tenure" +"3. S.P. Sen Verma 1967 - 1972" +"4. Dr. Nagendra Singh 1972 - 1973" +"5. T. Swaminathan 1973 - 1977" +"6. S.L. Shakdhar 1977 - 1982" +"7. R.K. Trivedi 1982 - 1985" +"8. R.V.S. Peri Sastri 1986 - 1990" +"9. Smt. V.S. Rama Devi 1990 - 1990" +"10. T.N. Seshan 1990 - 1996" +"11. M.S. Gill 1996 - 2001" +"12. J.M. Lyngdoh 2001 - 2004" +"13. T.S. Krishna Murthy 2004 - 2005" +"14. B.B. Tandon 2005 - 2006" +"15. N. Gopalaswamy 2006 - 2009" +"16. Naveen Chawla 2009 - 2010" +"17. S.Y. Quraishi 2010 - 2012" +"18. V.S. Sampath 2012 - 2015" +"19. H.S. Brahma 2015 - 2015" +"20. Nasim Zaidi 2015 - 2017" +"21. A.K. Jyoti 2017 - 2018" +"22. Om Prakash Rawat 2018 - 2018" +"23. Sunil Arora 2018 - till date" +"" +"" +"H. CHAIRMEN OF THE UPSC" +"Name Tenure" +"1. Sir Ross Barker 1926 - 1932" +" Name Tenure" +"2. Sir David Petrie 1932 - 1936" +"3. Sir Eyre Gorden 1937 - 1942" +"4. Sir F.W. Robertson 1942 - 1947" +"5. H.K. Kripalani 1947 - 1949" +"6. R.N. Banerjee 1949 - 1955" +"7. N. Govindarajan 1955 - 1955" +"8. V.S. Hejmadi 1955 - 1961" +"9. B.N. Jha 1961 - 1967" +"10. K.R. Damle 1967 - 1971" +"11. R.C.S. Sarkar 1971 - 1973" +"12. Dr. A.R. Kidwai 1973 - 1979" +"13. Dr. M.L. Shahare 1979 - 1985" +"14. H.K.L. Capoor 1985 - 1990" +"15. J.P. Gupta 1990 - 1992" +"16. Smt. R.M. Bathew (Kharbuli) 1992 - 1996" +"17. S.J.S. Chhatwal 1996 - 1996" +"18. J.M. Qureshi 1996 - 1998" +"19. Lt. Gen. (Retd.) Surinder Nath 1998 - 2002" +"20. P.C. Hota 2002 - 2003" +"21. Mata Prasad 2003 - 2005" +"22. Dr. S.R. Hashim 2005 - 2006" +"23. Gurbachan Jagat 2006 - 2007" +"24. Subir Dutta 2007 - 2008" +"25. D.P. Agrawal 2008 - 2014" +"26. Smt. Rajni Razdan 2014 - 2014" +" Name Tenure" +"27. Deepak Gupta 2014 - 2016" +"28. Alka Sirohi 2016 - 2017" +"29. David Syiemlieh 2017 - 2018" +"30. Vinay Mittal 2018 - 2018" +"31. Arvind Saxena 2018 - till date" +"" +"I. COMPTROLLER AND AUDITORGENERALS OF INDIA" +"Name Tenure" +"1. V. Narhari Rao 1948 - 1954" +"2. A.K. Chanda 1954 - 1960" +"3. SH. A.K. Roy 1960 - 1966" +"4. S. Ranganathan 1966 - 1972" +"5. A. Baksi 1972 - 1978" +"6. Gian Prakash 1978 - 1984" +"7. T.N. Chaturvedi 1984 - 1990" +"8. C.G. Somiah 1990 - 1996" +"9. V.K. Shunglu 1996 - 2002" +"10. V.N. Kaul 2002 - 2008" +"11. Vinod Rai 2008 - 2013" +"12. Shashi Kant Sharma 2013 - 2017" +"13. Rajiv Mehrishi 2017 - till date" +"" +"J. ATTORNEY - GENERALS OF INDIA" +"Name Tenure" +"1. M.C. Setalvad 1950 - 1963" +" Name Tenure" +"2. C.K. Daphtary 1963 - 1963" +"3. Niren De 1968 - 1977" +"4. S.V. Gupte 1977 - 1979" +"5. L.N. Sinha 1979 - 1983" +"6. K. Parasaran 1983 - 1989" +"7. Soli J. Sorabjee 1989 - 1990" +"8. G. Ramaswamy 1990 - 1992" +"9. Milon K. Banerjee 1992 - 1996" +"10. Ashok K. Desai 1996 - 1998" +"11. Soli J. Sorabjee 1998 - 2004" +"12. Milon K. Banerjee 2004 - 2009" +"13. Goolam E. Vahanvati 2009 - 2014" +"14. Mukul Rohatgi 2014 - 2017" +"15. K.K. Venugopal 2017 - till date" +" Appendix VI Chairpersons of the" +"National Commissions" +" A. NATIONAI HUMAN RIGHTS" +"COMMISSION" +"" +"Serial Name Tenure" +"Number" +"1. Justice Ranganath Misra 1993 -" +"1996" +"2. Justice M.N. 1996 -" +"Venkatachaliah 1999" +"3. Justice J.S. Verma 1999 -" +"2003" +"4. Justice A.S. Anand 2003 -" +"2006" +"5. Justice Shivaraj V. Patil 2006 -" +"2007" +"6. Justice S. Rajendra Babu 2007 -" +"2009" +"7. Justice Govind Prasad 2009 -" +"Mathur 2010" +"8. Justice K.G. 2010 -" +"Balakrishnan 2015" +"9. Justice Cyrial Joseph 2015 -" +"2016" +"10. Justice H.L. Datt 2016 - till" +"date" +" B. NATIONAI COMMISSION FOR WOMEN" +"" +"Serial Name Tenure" +"Number" +"1. Jayanti Patnaik 1992 - 1995" +"2. Dr. V. Mohini Giri 1995 - 1998" +"3. Vibha Parthasarathi 1999 - 2002" +"4. Dr. Poornima Advani 2002 - 2005" +"5. Dr. Girija Vyas 2005 - 2008" +"6. Dr. Girija Vyas 2008 - 2011" +"7. Mamta Sharma 2011 - 2014" +"8. Lalitha 2014 - 2017" +"Kumaramangalam" +"9. Rekha Sharma 2018 - till" +"date" +" C. NATIONAI COMMISSION FOR" +"PROTECTION OF CHILD RIGHTS" +"" +"Serial Name Tenure" +"Number" +"1. Dr. Shantha Sinha 2007 - 2010" +"2. Dr. Shantha Sinha 2010 - 2013" +"3. Kushal Singh 2013 - 2014" +"4. Stuti Narain Kacker 2015 - 2018" +"5. Priyank Kanoongo 2018 - till date" +" D. NATIONAI COMMISSION FOR" +"BACKWARD CLASSES" +"" +"Serial Name Tenure" +"Number" +"1. Justice R.N. Prasad 1993 - 1996" +"2. Justice Shyam Sunder 1997 - 2000" +"3. Justice B.L. Yadav 2000 - 2002" +"4. Justice Ram Surat Singh 2002 - 2005" +"5. Justice S. Ratnavel 2006 - 2009" +"Pandian" +"6. Justice M.N. Rao 2010 - 2013" +"7. Justice V. Eswaraiah 2013 - 2016" +"8. Dr. Bhagwan Lal Sahni 2016 - till" +"date" +" E. NATIONAI COMMISSION FOR" +"MINORITIES" +"" +"Serial Name Tenure" +"Number" +"1. Justice Mohammad Sardar 1993 -" +"Ali Khan 1996" +"2. Prof. Tahir Mohammad 1996 -" +"1999" +"3. Justice Mohammed 2000 -" +"Shamim 2003" +"4. Tarlochan Singh 2003 -" +"2006" +"5. Mohammad Hamid Ansari 2006 -" +"2007" +"6. Mohammad Shafi Qureshi 2007 -" +"2010" +"7. Wajahat Habibullah 2011 -" +"2014" +"8. Naseem Ahmad 2014 -" +"2017" +"9. Syed Ghayorul Hasan 2017 - till" +"Rizvi date" +" F. ERSTWHILE NATIONAL COMMISSION" +"FOR SCS AND STS (COMBINED)" +"" +"Serial Name Tenure" +"Number" +"1. S.H. Ramdhan 1992 - 1995" +"2. H. Hanumanthappa 1995 - 1998" +"3. Dileep Singh Bhuria 1998 - 2002" +"4. Vijay Sonkar Shastri 2002 - 2004" +" G. NATIONAI COMMISSION FOR SCS" +"" +"Serial Name Tenure" +"Number" +"1. Suraj Bhan 2004 - 2006" +"2. Buta Singh 2007 - 2010" +"3. P.L. Punia 2010 - 2013" +"4. P.L. Punia 2013 - 2016" +"5. Ram Shankar Katheria 2017 - till date" +" H. NATIONAI COMMISSION FOR STS" +"" +"Serial Name Tenure" +"Number" +"1. Kunwar Singh 2004 - 2007" +"2. Urmila Singh 2007 - 2010" +"3. Rameshwar Oraon 2010 - 2013" +"4. Rameshwar Oraon 2013 - 2016" +"5. Nand Kumar Sai 2017 - till date" +" Appendix VII UPSC Questions on Indian" +"Polity (General Studies— Prelims 2010–" +"2019)" +" 2010 TEST PAPER" +"1. With reference to the Constitution of India, consider the" +"following:" +"1. Fundamental Rights" +"2. Fundamental Duties" +"3. Directive Principles of State Policy" +"Which of the above provisions of the Constitution of India" +"is/are fulfilled by the National Social Assistance Programme" +"launched by the Government of India?" +"(a) 1 only" +"(b) 3 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"2. Consider the following statements:" +"The Supreme Court of India tenders advice to the President of" +"India on matters of law or fact" +"1. on its own initiative (on any matter of larger public" +"interest)." +"2. if he seeks such an advice." +"3. only if the matters relate to the Fundamental Rights of the" +"citizens." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) 3 only" +"(d) 1 and 2" +"3. With reference to Lok Adalats, which of the following" +"statements is correct?" +"(a) Lok Adalats have the jurisdiction to settle the matters at" +"pre-litigative stage and not those matters pending before" +"any court" +"(b) Lok Adalats can deal with matters which are civil and not" +"criminal in nature" +"(c) Every Lok Adalat consists of either serving or retired" +"judicial officers only and not any other person" +" (d) None of the statements given above is correct" +"4. The “Instrument of Instructions” contained in the Government" +"of India Act 1935 have been incorporated in the Constitution" +"of India in the year 1950 as" +"(a) Fundamental Rights" +"(b) Directive Principles of State Policy" +"(c) Extent of executive power of State" +"(d) Conduct of business of the Government of India" +"5. Who of the following shall cause every recommendation made" +"by the Finance Commission to be laid before each House of" +"Parliament?" +"(a) The President of India" +"(b) The Speaker of Lok Sabha" +"(c) The Prime Minister of India" +"(d) The Union Finance Minister" +"6. Which one of the following is responsible for the preparation" +"and presentation of Union Budget to the Parliament?" +"(a) Department of Revenue" +"(b) Department of Economic Affairs" +"(c) Department of Financial Services" +"(d) Department of Expenditure" +"7. With reference to the National Rehabilitation and" +"Resettlement Policy, 2007, consider the following statements:" +"1. This policy is applicable only to the persons affected by" +"the acquisition of land for projects and not to the" +"involuntary displacement due to any other reason." +"2. This policy has been formulated by the Ministry of Social" +"Justice and Empowerment." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"8. With reference to the Consumer Disputes Redressal at district" +"level in India, which one of the following statements is not" +"correct?" +"(a) A State Government can establish more than one District" +"Forum in a district if it deems fit" +" (b) One of the members of the District Forum shall be a" +"woman." +"(c) The District Forum entertains the complaints where the" +"value of goods or services does not exceed rupees fifty" +"lakhs" +"(d) A complaint in relation to any goods sold or any service" +"provided may be filed with a District Forum by the State" +"Government as a representative of the interests of the" +"consumers in general" +"9. Which one of the following authorities makes recommendation" +"to the Governor of a State as to the principles for determining" +"the taxes and duties which may be appropriated by the" +"Panchayats in that particular State?" +"(a) District Planning Committees" +"(b) State Finance Commission" +"(c) Finance Ministry of that State" +"(d) Panchayati Raj Ministry of that State" +"10. Consider the following statements:" +"In India, taxes on transactions in Stock Exchanges and" +"Futures Markets are" +"1. levied by the Union" +"2. collected by the States" +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +" 2011 TEST PAPER" +"" +"1. The Constitution (Seventy-Third Amendment) Act, 1992," +"which aims at promoting the Panchayati Raj Institutions in" +"the country, provides for which of the following?" +"1. Constitution of District Planning Committees." +"2. State Election Commissions to conduct all panchayat" +"elections." +"3. Establishment of State Finance Commissions." +"Select the correct answer using the codes given below:" +"(a) 1 only" +"(b) 1 and 2 only" +"(c) 2 and 3 only" +"(d) 1, 2 and 3" +"2. In India, if a religious sect/community is given the status of a" +"national minority, what special advantages it is entitled to?" +"1. It can establish and administer exclusive educational" +"institutions." +"2. The President of India automatically nominates a" +"representative of the community to Lok Sabha." +"3. It can derive benefits from the Prime Minister’s 15-Point" +"Programme." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 and 3 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"3. India is home to lakhs of persons with disabilities. What are" +"the benefits available to them under the law?" +"1. Free schooling till the age of 18 years in government-run" +"schools." +"2. Preferential allotment of land for setting up business." +"3. Ramps in public buildings." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 and 3 only" +"(c) 1 and 3 only" +" (d) 1, 2 and 3" +"4. The authorization for the withdrawal of funds from the" +"Consolidated Fund of India must come from" +"(a) The President of India" +"(b) The Parliament of India" +"(c) The Prime Minister of India" +"(d) The Union Finance Minister" +"5. All revenues received by the Union Government by way of" +"taxes and other receipts for the conduct of Government" +"business are credited to the" +"(a) Contingency Fund of India" +"(b) Public Account" +"(c) Consolidated Fund of India" +"(d) Deposits and Advances Fund" +"6. With reference to “Look East Policy” of India, consider the" +"following statements:" +"1. India wants to establish itself as an important regional" +"player in the East Asian affairs." +"2. India wants to plug the vacuum created by the termination" +"of Cold War." +"3. India wants to restore the historical and cultural ties with" +"its neighbours in Southeast and East Asia." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 1 and 3 only" +"(c) 3 only" +"(d) 1, 2 and 3" +"7. When the annual Union Budget is not passed by the Lok" +"Sabha," +"(a) the Budget is modified and presented again" +"(b) the Budget is referred to the Rajya Sabha for suggestions" +"(c) the Union Finance Minister is asked to resign" +"(d) the Prime Minister submits the resignation of Council of" +"Ministers" +"8. Under the Constitution of India, which one of the following is" +"not a fundamental duty?" +"(a) To vote in public elections" +"(b) To develop the scientific temper" +" (c) To safeguard public property" +"(d) To abide the Constitution and respect its ideals" +"9. With reference to the Finance Commission of India, which of" +"the following statements is correct?" +"(a) It encourages the inflow of foreign capital for" +"infrastructure development" +"(b) It facilitates the proper distribution of finances among the" +"Public Sector Undertakings" +"(c) It ensures transparency in financial administration" +"(d) None of the statements (a), (b) and (c) given above is" +"correct in this context" +"10. Consider the following:" +"1. Right to education." +"2. Right to equal access to public service." +"3. Right to food." +"Which of the above is/are Human Right/Human Rights under" +"“Universal Declaration of Human Rights”?" +"(a) 1 only" +"(b) 1 and 2 only" +"(c) 3 only" +"(d) 1, 2 and 3" +"11. Consider the following statements: In India, a Metropolitan" +"Planning Committee" +"1. is constituted under the provisions of the Constitution of" +"India." +"2. prepares the draft development plans for metropolitan" +"area." +"3. has the sole responsibility for implementing Government" +"sponsored schemes in the metropolitan area." +"Which of the statements given above is/ are correct?" +"(a) 1 and 2 only" +"(b) 2 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"12. What is the difference between “vote-on-account” and" +"“interim budget”?" +"1. The provision of a “vote-on-account” is used by a regular" +"Government, while an “interim budget” is a provision used" +" by a caretaker Government." +"2. A “vote-on-account” only deals with the expenditure in" +"Government’s budget, while an “interim budget” includes" +"both expenditure and receipts." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +" 2012 TEST PAPER" +"" +"1. The distribution of powers between the Centre and the" +"States in the Indian Constitution is based on the scheme" +"provided in the" +"(a) Morley-Minto Reforms, 1909" +"(b) Montagu-Chelmsford Act, 1919" +"(c) Government of India Act, 1935" +"(d) Indian Independence Act, 1947" +"2. In the areas covered under the Panchayat (Extension to the" +"Scheduled Areas) Act, 1996, what is the role/power of Gram" +"Sabha?" +"1. Gram Sabha has the power to prevent alienation of land" +"in the Scheduled Areas." +"2. Gram Sabha has the ownership of minor forest produce." +"3. Recommendation of Gram Sabha is required for granting" +"prospecting licence or mining lease for any mineral in the" +"Scheduled Areas." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 1 and 2 only" +"(c) 2 and 3 only" +"(d) 1, 2 and 3" +"3. In the Parliament of India, the purpose of an adjournment" +"motion is" +"(a) to allow a discussion on a definite matter of urgent public" +"importance" +"(b) to let opposition members collect information from the" +"ministers" +"(c) to allow a reduction of specific amount in demand for" +"grant" +"(d) to postpone the proceedings to check the inappropriate" +"or violent behaviour on the part of some members" +"4. The National Green Tribunal Act, 2010 was enacted in" +"consonance with which of the following provisions of the" +"Constitution of India?" +" 1. Right to healthy environment, construed as a part of Right" +"to life under Article 21" +"2. Provision of grants for raising the level of administration in" +"the Scheduled Areas for the welfare of Scheduled Tribes" +"under Article 275(1)" +"3. Powers and functions of Gram Sabha as mentioned" +"under Article 243(A)" +"5. Consider the following provisions under the Directive" +"Principles of State Policy as enshrined in the Constitution of" +"India:" +"1. Securing for citizens of India a uniform civil code" +"2. Organizing village Panchayats" +"3. Promoting cottage industries in rural areas" +"4. Securing for all the workers reasonable leisure and" +"cultural opportunities" +"Which of the above are the Gandhian Principles that are" +"reflected in the Directive Principles of State Policy?" +"(a) 1, 2 and 4 only" +"(b) 2 and 3 only" +"(c) 1, 3 and 4 only" +"(d) 1, 2, 3 and 4" +"6. Consider the following statements:" +"1. Union Territories are not represented in the Rajya Sabha." +"2. It is within the purview of the Chief Election" +"Commissioner to adjudicate the election disputes." +"3. According to the Constitution of India, the Parliament" +"consists of the Lok Sabha and the Rajya Sabha only." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 and 3" +"(c) 1 and 3" +"(d) None" +"7. With reference to consumers” rights / privileges under the" +"provisions of law in India, which of the following statements" +"is/are correct?" +"1. Consumers are empowered to take samples for food" +"testing." +" 2. When a consumer files a complaint in any consumer" +"forum, no fee is required to be paid." +"3. In case of death of a consumer, his/ her legal heir can file" +"a complaint in the consumer forum on his/her behalf." +"Select the correct answer using the codes given below:" +"(a) 1 only" +"(b) 2 and 3 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"8. Regarding the office of the Lok Sabha Speaker, consider the" +"following statements:" +"1. He/She holds the office during the pleasure of the" +"President." +"2. He/She need not be a member of the House at the time" +"of his/her election but has to become a member of the" +"House within six months from the date of his/her election." +"3. If he/she intends to resign, the letter of his/her resignation" +"has to be addressed to the Deputy Speaker." +"Which of the statements given above is/ are correct?" +"(a) 1 and 2 only" +"(b) 3 only" +"(c) 1, 2 and 3" +"(d) None" +"9. Which of the following are included in the original jurisdiction" +"of the Supreme Court?" +"1. A dispute between the Government of India and one or" +"more States" +"2. A dispute regarding elections to either House of the" +"Parliament or that of Legislature of a State" +"3. A dispute between the Government of India and a Union" +"Territory" +"4. A dispute between two or more States" +"Select the correct answer using the codes given below:" +"(a) 1 and 2" +"(b) 2 and 3" +"(c) 1 and 4" +"(d) 3 and 4" +" 10. Which of the following is/are the principal feature(s) of the" +"Government of India Act, 1919?" +"1. Introduction of diarchy in the executive government of the" +"provinces" +"2. Introduction of separate communal electorates for" +"Muslims" +"3. Devolution of legislative authority by the centre to the" +"provinces" +"Select the correct answer using the codes given below:" +"(a) 1 only" +"(b) 2 and 3 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"11. Which of the following special powers have been conferred" +"on the Rajya Sabha by the Constitution of India?" +"(a) To change the existing territory of a State and to change" +"the name of a State" +"(b) To pass a resolution empowering the Parliament to make" +"laws in the State List and to create one or more All India" +"Services" +"(c) To amend the election procedure of the President and to" +"determine the pension of the President after his/ her" +"retirement" +"(d) To determine the functions of the Election Commission" +"and to determine the number of Election Commissioners" +"12. Which of the following are the methods of Parliamentary" +"control over public finance in India?" +"1. Placing Annual Financial Statement before the Parliament" +"2. Withdrawal of moneys from Consolidated Fund of India" +"only after passing the Appropriation Bill" +"3. Provisions of supplementary grants and vote-on-account" +"4. A periodic or at least a mid-year review of programme of" +"the Government against macroeconomic forecasts and" +"expenditure by a Parliamentary Budget Office" +"5. Introducing Finance Bill in the Parliament" +"Select the correct answer using the codes given below:" +"(a) 1, 2, 3 and 5 only" +"(b) 1, 2 and 4 only" +" (c) 3, 4 and 5 only" +"(d) 1, 2, 3, 4 and 5" +"13. Which of the following provisions of the Constitution of India" +"have a bearing on Education?" +"1. Directive Principles of State Policy" +"2. Rural and Urban Local Bodies" +"3. Fifth Schedule" +"4. Sixth Schedule" +"5. Seventh Schedule" +"Select the correct answer using the codes given below:" +"(a) 1 and 2 only" +"(b) 3, 4 and 5 only" +"(c) 1, 2 and 5 only" +"(d) 1, 2, 3, 4 and 5" +"14. In India, other than ensuring that public funds are used" +"efficiently and for intended purpose, what is the importance of" +"the office of the Comptroller and Auditor General (CAG)?" +"1. CAG exercises exchequer control on behalf of the" +"Parliament when the President of India declares national" +"emergency / financial emergency" +"2. CAG reports on the execution of projects or programmes" +"by the ministries are discussed by the Public Accounts" +"Committee." +"3. Information from CAG reports can be used by" +"investigating agencies to press charges against those" +"who have violated the law while managing public" +"finances." +"4. While dealing with the audit and accounting of" +"government companies, CAG has certain judicial powers" +"for prosecuting those who violate the law." +"Which of the statements given above is/ are correct?" +"(a) 1, 3 and 4 only" +"(b) 2 only" +"(c) 2 and 3 only" +"(d) 1, 2, 3 and 4" +"15. The Prime Minister of India, at the time of his/her" +"appointment" +" (a) need not necessarily be a member of one of the Houses" +"of the Parliament but must become a member of one of" +"the Houses within six months" +"(b) need not necessarily be a member of one of the Houses" +"of the Parliament but must become a member of the Lok" +"Sabha within six months" +"(c) must be a member of one of the Houses of the" +"Parliament" +"(d) must be a member of the Lok Sabha" +"16. With reference to the Delimitation Commission, consider the" +"following statements:" +"1. The orders of the Delimitation Commission cannot be" +"challenged in a Court of Law." +"2. When the orders of the Delimitation Commission are laid" +"before the Lok Sabha or State Legislative Assembly, they" +"cannot effect any modifications in the orders." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"17. According to the Constitution of India, it is the duty of the" +"President of India to cause to be laid before the Parliament" +"which of the following?" +"1. The Recommendations of the Union Finance Commission" +"2. The Report of the Public Accounts Committee" +"3. The Report of the Comptroller and Auditor General" +"4. The Report of the National Commission for Scheduled" +"Castes" +"Select the correct answer using the codes given below:" +"(a) 1 only" +"(b) 2 and 4 only" +"(c) 1, 3 and 4 only" +"(d) 1, 2, 3 and 4" +"18. A deadlock between the Lok Sabha and the Rajya Sabha" +"calls for a joint sitting of the Parliament during the passage of" +"1. Ordinary Legislation" +"2. Money Bill" +" 3. Constitution Amendment Bill" +"Select the correct answer using the codes given below:" +"(a) 1 only" +"(b) 2 and 3 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"19. Which of the following is/are among the Fundamental Duties" +"of citizens laid down in the Indian Constitution?" +"1. To preserve the rich heritage of our composite culture" +"2. To protect the weaker sections from social injustice" +"3. To develop the scientific temper and spirit of inquiry" +"4. To strive towards excellence in all spheres of individual" +"and collective activity" +"Select the correct answer using the codes given below:" +"(a) 1 and 2only" +"(b) 2 only" +"(c) 1, 3 and 4 only" +"(d) 1, 2, 3 and 4" +"20. What is the provision to safeguard the autonomy of the" +"Supreme Court of India?" +"1. While appointing the Supreme Court Judges, the" +"President of India has to consult the Chief Justice of" +"India." +"2. The Supreme Court Judges can be removed by the Chief" +"Justice of India only." +"3. The salaries of the Judges are charged on the" +"Consolidated Fund of India to which the legislature does" +"not have to vote." +"4. All appointments of officers and staff of the Supreme" +"Court of India are made by the Government only after" +"consulting the Chief Justice of India." +"Which of the statements given above is/ are correct?" +"(a) 1 and 3 only" +"(b) 3 and 4 only" +"(c) 4 only" +"(d) 1, 2, 3 and 4" +" 2013 TEST PAPER" +"" +"1. Who among the following constitute the National" +"Development Council?" +"1. The Prime Minister" +"2. The Chairman, Finance Commission" +"3. Ministers of the Union Cabinet" +"4. Chief Ministers of the States" +"Select the correct answer using the codes given below:" +"(a) 1, 2 and 3 only" +"(b) 1, 3 and 4 only" +"(c) 2 and 4 only" +"(d) 1, 2, 3 and 4" +"2. Consider the following statements:" +"The Parliamentary Committee on Public Accounts" +"1. consists of not more than 25 Members of the Lok Sabha" +"2. scrutinizes appropriation and finance accounts of the" +"Government" +"3. examines the report of the Comptroller and Auditor" +"General of India" +"Which of the statements given above is/are correct?" +"(a) 1 only" +"(b) 2 and 3 only" +"(c) 3 only" +"(d) 1, 2 and 3" +"3. In the context of India, which of the following principles is/are" +"implied institutionally in the parliamentary government?" +"1. Members of the Cabinet are Members of the Parliament." +"2. Ministers hold the office till they enjoy confidence in the" +"Parliament." +"3. Cabinet is headed by the Head of the State." +"Select the correct answer using the codes given below." +"(a) 1 and 2 only" +"(b) 3 only" +"(c) 2 and 3 only" +"(d) 1, 2 and 3" +"4. Consider the following statements:" +" 1. The Council of Ministers in the Centre shall be collectively" +"responsible to the Parliament." +"2. The Union Ministers shall hold the office during the" +"pleasure of the President of India." +"3. The Prime Minister shall communicate to the President" +"about the proposals for legislation." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 and 3 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"5. Consider the following statements:" +"1. National Development Council is an organ of the Planning" +"Commission." +"2. The Economic and Social Planning is kept in the" +"Concurrent List in the Constitution of India." +"3. The Constitution of India prescribes that Panchayats" +"should be assigned the task of preparation of plans for" +"economic development and social justice." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 and 3 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"6. Consider the following statements:" +"1. The Chairman and the Deputy Chairman of the Rajya" +"Sabha are not the members of that House." +"2. While the nominated members of the two Houses of the" +"Parliament have no voting right in the presidential" +"election, they have the right to vote in the election of the" +"Vice President." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"7. With reference to National Legal Services Authority, consider" +"the following statements:" +" 1. Its objective is to provide free and competent legal" +"services to the weaker sections of the society on the basis" +"of equal opportunity." +"2. It issues guidelines for the State Legal Services" +"Authorities to implement the legal programmes and" +"schemes throughout the country." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"8. Under the Scheduled Tribes and Other Traditional Forest" +"Dwellers (Recognition of Forest Rights) Act, 2006, who shall" +"be the authority to initiate the process for determining the" +"nature and extent of individual or community forest rights or" +"both?" +"(a) State Forest Department" +"(b) District Collector / Deputy Commissioner" +"(c) Tahsildar / Block Development Officer / Mandal Revenue" +"Officer" +"(d) Gram Sabha" +"9. “Economic Justice” as one of the objectives of the Indian" +"Constitution has been provided in" +"(a) the Preamble and the Fundamental Rights" +"(b) the Preamble and the Directive Principles of State Policy" +"(c) the Fundamental Rights and the Directive Principles of" +"State Policy" +"(d) None of the above" +"(c) Directive Principles of State Policy" +"(d) Fundamental Rights and Fundamental Duties" +"11. What will follow if a Money Bill is substantially amended by" +"the Rajya Sabha?" +"(a) The Lok Sabha may still proceed with the Bill, accepting" +"or not accepting the recommendations of the Rajya" +"Sabha" +"(b) The Lok Sabha cannot consider the Bill further" +"(c) The Lok Sabha may send the Bill to the Rajya Sabha for" +"reconsideration" +" (d) The President may call a joint sitting for passing the Bill" +"12. Which one of the following statements is correct?" +"(a) In India, the same person cannot be appointed as" +"Governor for two or more States at the same time" +"(b) The Judges of the High Court of the States in India are" +"appointed by the Governor of the State just as the" +"Judges of the Supreme Court are appointed by the" +"President" +"(c) No procedure has been laid down in the Constitution of" +"India for the removal of a Governor from his/her post" +"(d) In the case of a Union Territory having a legislative setup," +"the Chief Minister is appointed by the Lt. Governor on the" +"basis of majority support" +"13. With reference to Indian History, the Members of the" +"Constituent Assembly from the Provinces were" +"(a) directly elected by the people of those Provinces" +"(b) nominated by the Indian National Congress and the" +"Muslim League" +"(c) elected by the Provincial Legislative Assemblies" +"(d) selected by the Government for their expertise in" +"constitutional matters" +"14. Consider the following statements:" +"1. An amendment to the Constitution of India can be" +"initiated by an introduction of a bill in the Lok Sabha only." +"2. If such an amendment seeks to make changes in the" +"federal character of the Constitution, the amendment also" +"requires to be ratified by the legislature of all the States of" +"India." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"15. Consider the following statements: Attorney General of India" +"can" +"1. take part in the proceedings of the Lok Sabha" +"2. be a member of a committee of the Lok Sabha" +"3. speak in the Lok Sabha" +" 4. vote in the Lok Sabha" +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 and 4 only" +"(c) 1, 2 and 3" +"(d) 1 and 3 only" +"16. Which of the following bodies does not/ do not find mention" +"in the Constitution?" +"1. National Development Council" +"2. Planning Commission" +"3. Zonal Councils" +"Select the correct answer using the codes given below." +"(a) 1 and 2 only" +"(b) 2 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"17. The Parliament can make any law for whole or any part of" +"India for implementing international treaties" +"(a) with the consent of all the States" +"(b) with the consent of the majority of States" +"(c) with the consent of the States concerned" +"(d) without the consent of any State" +"18. The Government enacted the Panchayat Extension to" +"Scheduled Areas (PESA) Act in 1996. Which one of the" +"following is not identified as its objective?" +"(a) To provide self-governance" +"(b) To recognize traditional rights" +"(c) To create autonomous regions in tribal areas" +"(d) To free tribal people from exploitation" +" 2014 TEST PAPER" +"1. Consider the following languages:" +"1. Gujarati" +"2. Kannada" +"3. Telugu" +"Which of the above has/have been declared as “Classical" +"Language/Languages” by the Government?" +"(a) 1 and 2 only" +"(b) 3 only" +"(c) 2 and 3 only" +"(d) 1, 2 and 3" +"2. Which one of the following is the largest Committee of the" +"Parliament?" +"(a) The Committee on Public Accounts" +"(b) The Committee on Estimates" +"(c) The Committee on Public Undertakings" +"(d) The Committee on Petitions" +"3. The sales tax you pay while purchasing a toothpaste is a" +"(a) tax imposed by the Central Government" +"(b) tax imposed by the Central Government but collected by" +"the State Government" +"(c) tax imposed by the State Government but collected by" +"the Central Government" +"(d) tax imposed and collected by the State Government" +"4. Which one of the following Schedules of the Constitution of" +"India contains provisions regarding anti-defection?" +"(a) Second Schedule" +"(b) Fifth Schedule" +"(c) Eighth Schedule" +"(d) Tenth Schedule" +"5. In the Constitution of India, promotion of international peace" +"and security is included in the" +"(a) Preamble to the Constitution" +"(b) Directive Principles of State Policy" +"(c) Fundamental Duties" +"(d) Ninth Schedule" +" 6. Which of the following are associated with ‘Planning’ in" +"India?" +"1. The Finance Commission" +"2. The National Development Council." +"3. The Union Ministry of Rural Development" +"4. The Union Ministry of Urban Development" +"5. The Parliament" +"Select the correct answer using the code given below." +"(a) 1, 2 and 5 only" +"(b) 1, 3 and 4 only" +"(c) 2 and 5 only" +"(d) 1, 2, 3, 4 and 5" +"7. Which of the following is/are the function/functions of the" +"Cabinet Secretariat?" +"1. Preparation of agenda for Cabinet Meetings" +"2. Secretarial assistance to Cabinet Committees" +"3. Allocation of financial resources to the Ministries" +"Select the correct answer using the code given below." +"(a) 1 only" +"(b) 2 and 3 only" +"(c) 1 and 2 only" +"(d) 1, 2 and 3" +"8. Consider the following statements:" +"A Constitutional Government is one which" +"1. places effective restrictions on individual liberty in the" +"interest of State Authority" +"2. places effective restrictions on the Authority of the State" +"in the interest of individual liberty" +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"9. Which of the following are the discretionary powers given to" +"the Governor of a State?" +"1. Sending a report to the President of India for imposing the" +"President’s rule" +"2. Appointing the Ministers" +" 3. Reserving certain bills passed by the State Legislature for" +"consideration of the President of India" +"4. Making the rules to conduct the business of the State" +"Government" +"Select the correct answer using the code given below." +"(a) 1 and 2 only" +"(b) 1 and 3 only" +"(c) 2, 3 and 4 only" +"(d) 1, 2, 3 and 4" +"10. Consider the following statements:" +"1. The President shall make rules for the more convenient" +"transaction of the business of the Government of India," +"and for the allocation among Ministers of the said" +"business." +"2. All executive actions of the Government of India shall be" +"expressed to be taken in the name of the Prime Minister." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"11. Consider the following statements regarding a No-" +"Confidence Motion in India:" +"1. There is no mention of a NoConfidence Motion in the" +"Constitution of India." +"2. A Motion of No-Confidence can be introduced in the Lok" +"Sabha only." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"12. The power of the Supreme Court of India to decide disputes" +"between the Centre and the States falls under its" +"(a) advisory jurisdiction" +"(b) appellate jurisdiction" +"(c) original jurisdiction" +"(d) writ jurisdiction" +" 13. The power to increase the number of judges in the Supreme" +"Court of India is vested in" +"(a) the President of India" +"(b) the Parliament" +"(c) the Chief Justice of India" +"(d) the Law Commission" +" 2015 TEST PAPER" +"1. Consider the following statements regarding the Directive" +"Principles of State Policy:" +"1. The Principles spell out the socioeconomic democracy in" +"the country." +"2. The provisions contained in these Principles are not" +"enforceable by any court." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"2. Consider the following statements:" +"1. The Rajya Sabha has no power either to reject or to" +"amend a Money Bill." +"2. The Rajya Sabha cannot vote on the Demands for" +"Grants." +"3. The Rajya Sabha cannot discuss the Annual Financial" +"Statement." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(c) 2 and 3 only" +"3. The Government clearly defined" +"(b) 1 and 2 only" +"(d) 1, 2 and 3 of India Act of 1919" +"(a) the separation of power between the judiciary and the" +"legislature" +"(b) the jurisdiction of the central and provincial governments" +"(c) the powers of the Secretary of State for India and the" +"Viceroy" +"(d) None of the above" +"4. When a bill is referred to a joint sitting of both the Houses of" +"the Parliament, it has to be passed by" +"(a) a simple majority of members present and voting" +"(b) three-fourths majority of members present and voting" +"(c) two-thirds majority of the Houses" +" (d) absolute majority of the Houses" +"5. The Government of India has established NITI Aayog to" +"replace the" +"(a) Human Rights Commission" +"(b) Finance Commission" +"(c) Law Commission" +"(d) Planning Commission" +"6. Consider the following statements:" +"1. The Executive Power of the Union of India is vested in the" +"Prime Minister." +"2. The Prime Minister is the ex officio Chairman of the Civil" +"Services Board." +"Which of the statements given above is/are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"7. The provisions in Fifth Schedule and Sixth Schedule in the" +"Constitution of India are made in order to" +"(a) protect the interests of Scheduled Tribes" +"(b) determine the boundaries between States" +"(c) determine the powers, authority and responsibilities of" +"Panchayats" +"(d) protect the interests of all the border States" +"8. With reference to the Union Government, consider the" +"following statements:" +"1. The Department of Revenue is responsible for the" +"preparation of Union Budget that is presented to the" +"Parliament." +"2. No amount can be withdrawn from the Consolidated Fund" +"of India without the authorization from the Parliament of" +"India." +"3. All the disbursements made from Public Account also" +"need the authorization from the Parliament of India." +"Which of the statements given above is/ are correct?" +"(a) 1 and 2 only" +"(b) 2 and 3 only" +"(c) 2 only" +" (d) 1, 2 and 3" +"9. Who/Which of the following is the custodian of the" +"Constitution of India?" +"(a) The President of India" +"(b) The Prime Minister of India" +"(c) The Lok Sabha Secretariat" +"(d) The Supreme Court of India" +"10. Which one of the following was given classical language" +"status recently?" +"(a) Odia" +"(b) Konkani" +"(c) Bhojpuri" +"(d) Assamese" +"11. Consider the following statements:" +"1. The Legislative Council of a State in India can be larger in" +"size that half of the Legislative Assembly of that particular" +"State." +"2. The Governor of State nominates the Chairman of" +"Legislative Council of that particular State." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"12. “To uphold and protect the Sovereignty, Unity and Integrity of" +"India” is a provision made in the" +"(a) Preamble of the Constitution" +"(b) Directive Principles of State Policy" +"(c) Fundamental Rights" +"(d) Fundamental Duries" +"13. The fundamental object of Panchayati Raj system is to" +"ensure which among the following" +"1. People’s participation in development" +"2. Political accountability" +"3. Democratic decentralization" +"4. Financial mobilization" +"Select the correct answer using the code given below." +"(a) 1, 2 and 3 only" +" (b) 2 and 4 only" +"(c) 1 and 3 only" +"(d) 1, 2, 3 and 4" +"14. The ideal of “Welfare State” in the Indian Constitution is" +"enshrined in its" +"(a) Preamble" +"(b) Directive Principles of State Policy" +"(c) Fundamental Rights" +"(d) Seventh Schedule" +"15. There is a Parliamentary System of Government in India" +"because the" +"(a) Lok Sabha is elected directly by the people" +"(b) Parliament can amend the Constitution" +"(c) Rajya Sabha cannot be dissolved" +"(d) Council of Ministers is responsible to the Lok Sabha" +" 2016 TEST PAPER" +"1. Which of the following statements is/are correct?" +"1. A Bill pending in the Lok Sabha lapses on its prorogation." +"2. A Bill pending in the Rajya Sabha, which has not been" +"passed by the Lok Sabha, shall not lapse on dissolution" +"of the Lok Sabha." +"Select the correct answer using the code given below." +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"2. Consider the following statements:" +"1. The Chief Secretary in a State is appointed by the" +"Governor of that State." +"2. The Chief Secretary in a State has a fixed tenure." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"3. With reference to the “Gram Nyayalaya Act’, which of the" +"following statements is/are correct?" +"1. As per the Act, Gram Nyayalayas can hear only civil" +"cases and not criminal cases." +"2. The Act allows local social activists as" +"mediators/reconciliators." +"Select the correct answer using the code given below." +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"4. The Parliament of India acquires the power to legislate on" +"any item in the State List in the national interest if a" +"resolution to that effect is passed by the" +"(a) Lok Sabha by a simple majority of its total membership" +" (b) Lok Sabha by a majority of not less than two-thirds of its" +"total membership" +"(c) Rajya Sabha by a simple majority of its total membership" +"(d) Rajya Sabha by a majority of not less than two-thirds of" +"its members present and voting" +"5. Consider the following statements:" +"1. The minimum age prescribed for any person to be a" +"member of Panchayat is 25 years." +"2. A Panchayat reconstituted after premature dissolution" +"continues only for the remainder period." +"Which of the statements given above is/are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"6. The Montague-Chelmsford Proposals were related to" +"(a) Social reforms" +"(b) educational reforms" +"(c) reforms in police administration" +"(d) constitutional reforms" +" 2017 TEST PAPER" +"1. Which one of the following objectives is not embodied in the" +"Preamble to the Constitution of India?" +"(a) Liberty of thought" +"(b) Economic liberty" +"(c) Liberty of expression" +"(d) Liberty of belief" +"2. The mind of the makers of the Constitution of India is" +"reflected in which of the following?" +"(a) The Preamble" +"(b) The Fundamental Rights" +"(c) The Directive Principles of State Policy" +"(d) The Fundamental Duties" +"3. Which of the following are envisaged by the Right against" +"Exploitation in the Constitution of India?" +"1. Prohibition of traffic in human beings and forced labour" +"2. Abolition of untouchability" +"3. Protection of the interests of minorities" +"4. Prohibition of employment of children in factories and" +"mines" +"Select the correct answer using the code given below:" +"(a) 1, 2 and 4 only" +"(b) 2, 3 and 4 only" +"(c) 1 and 4 only" +"(d) 1, 2, 3 and 4" +"4. Which one of the following statements is correct?" +"(a) Rights are claims of the State against the citizens." +"(b) Rights are privileges which are incorporated in the" +"Constitution of a State." +"(c) Rights are claims of the citizens against the State." +"(d) Rights are privileges of a few citizens against the many." +"5. Which of the following statements is/ are true of the" +"Fundamental Duties of an Indian citizen?" +"1. A legislative process has been provided to enforce these" +"duties." +"2. They are correlative to legal duties." +" Select the correct answer using the code given below:" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"6. In the context of India, which one of the following is the" +"correct relationship between Rights and Duties?" +"(a) Rights are correlative with Duties." +"(b) Rights are personal and hence independent of society" +"and Duties." +"(c) Rights, not Duties, are important for the advancement of" +"the personality of the citizen." +"(d) Duties, not Rights, are important for the stability of the" +"State." +"7. Which principle among the following was added to the" +"Directive Principles of State Policy by the 42nd Amendment" +"to the Constitution?" +"(a) Equal pay for equal work for both men and women" +"(b) Participation of workers in the management of industries" +"(c) Right to work, education and public assistance" +"(d) Securing living wage and human conditions of work to" +"workers" +"8. Consider the following statements:" +"With reference to the Constitution of India, the Directive" +"Principles of State Policy constitute limitations upon" +"1. Legislative function." +"2. Executive function." +"Which of the above statements is/are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"9. For election to the Lok Sabha, a nomination paper can be" +"filed by" +"(a) Anyone residing in India." +"(b) A resident of the constituency from which the election is" +"to be contested." +" (c) Any citizen of India whose name appears in the electoral" +"roll of a constituency." +"(d) Any citizen of India." +"10. Consider the following statements:" +"1. In the election for Lok Sabha or State Assembly, the" +"winning candidate must get at least 50 percent of the" +"votes polled, to be declared elected." +"2. According to the provisions laid down in the Constitution" +"of India, in Lok Sabha, the Speaker’s post goes to the" +"majority party and the Deputy Speaker’s to the" +"Opposition." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"11. Right to vote and to be elected in India is a" +"(a) Fundamental Right" +"(b) Natural Right" +"(c) Constitutional Right" +"(d) Legal Right" +"12. Consider the following statements:" +"1. The Election Commission of India is a five-member body." +"2. Union Ministry of Home Affairs decides the election" +"schedule for the conduct of both general elections and by-" +"elections." +"3. Election Commission resolves the disputes relating to" +"splits/mergers of recognized political parties." +"Which of the statements given above is/ are correct?" +"(a) 1 and 2 only" +"(b) 2 only" +"(c) 2 and 3 only" +"(d) 3 only" +"13. Which of the following are not necessarily the consequences" +"of the proclamation of the President’s rule in a State?" +"1. Dissolution of the State Legislative Assembly" +"2. Removal of the Council of Ministers in the State" +"3. Dissolution of the local bodies" +" Select the correct answer using the code given below:" +"(a) 1 and 2 only" +"(b) 1 and 3 only" +"(c) 2 and 3 only" +"(d) 1, 2 and 3" +"14. Which one of the following is not a feature of Indian" +"federalism?" +"(a) There is an independent judiciary in India." +"(b) Powers have been clearly divided between the Centre" +"and the States." +"(c) The federating units have been given unequal" +"representation in the Rajya Sabha." +"(d) It is the result of an agreement among the federating" +"units." +"15. Local self-government can be best explained as an exercise" +"in" +"(a) Federalism" +"(b) Democratic decentralization" +"(c) Administrative delegation" +"(d) Direct democracy" +"16. The Parliament of India exercises control over the functions" +"of the Council of Ministers through" +"1. Adjournment motion" +"2. Question hour" +"3. Supplementary questions" +"Select the correct answer using the code given below:" +"(a) 1 only" +"(b) 2 and 3 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"17. With reference to the Parliament of India, consider the" +"following statements:" +"1. A private member’s bill is a bill presented by a Member of" +"Parliament who is not elected but only nominated by the" +"President of India." +"2. Recently, a private member’s bill has been passed in the" +"Parliament of India for the first time in its history." +"Which of the statements given above is/ are correct?" +" (a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"18. The main advantage of the parliamentary form of" +"government is that" +"(a) The executive and legislature work independently." +"(b) It provides continuity of policy and is more efficient." +"(c) The executive remains responsible to the legislature." +"(d) The head of the government cannot be changed without" +"election." +"19. Out of the following statements, choose the one that brings" +"out the principle underlying the Cabinet form of Government:" +"(a) An arrangement for minimizing the criticism against the" +"Government whose responsibilities are complex and hard" +"to carry out to the satisfaction of all." +"(b) A mechanism for speeding up the activities of the" +"Government whose responsibilities are increasing day by" +"day." +"(c) A mechanism of parliamentary democracy for ensuring" +"collective responsibility of the Government to the people." +"(d) A device for strengthening the hands of the head of the" +"Government whose hold over the people is in a state of" +"decline." +"20. In India, Judicial Review implies" +"(a) The power of the Judiciary to pronounce upon the" +"constitutionality of laws and executive orders." +"(b) The power of the Judiciary to question the wisdom of the" +"laws enacted by the Legislatures." +"(c) The power of the Judiciary to review all the legislative" +"enactments before they are assented to by the President." +"(d) The power of the Judiciary to review its own judgements" +"given earlier in similar or different cases." +"21. Democracy’s superior virtue lies in the fact that it calls into" +"activity" +"(a) The intelligence and character of ordinary men and" +"women." +"(b) The methods for strengthening executive leadership." +" (c) A superior individual with dynamism and vision." +"(d) A band of dedicated party workers." +"22. One of the implications of equality in society is the absence" +"of" +"(a) Privileges" +"(b) Restraints" +"(c) Competition" +"(d) Ideology" +" 2018 TEST PAPER" +"" +"1. In the federation established by the Government on India Act" +"of 1935, Residuary Power were given to the" +"(a) Federal Legislature" +"(b) Governor General" +"(c) Provincial Legislature" +"(d) Provincial Governors" +"2. Consider the following statements :" +"1. Aadhaar card can be used as a proof of citizenship or" +"domicile." +"2. Once issued, Aadhaar number cannot be deactivated or" +"omitted by the Issuing Authority." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"3. Right to Privacy is protected as an intrinsic part of Right to" +"Life and Personal Liberty. Which of the following in the" +"Constitution of India correctly and appropriately imply the" +"above statement?" +"(a) Article 14 and the provisions under the 42nd Amendment" +"to the Constitution" +"(b) Article 17 and the Directive Principles of State Policy in" +"Part IV" +"(c) Article 21 and the freedoms guaranteed in Part. III" +"(d) Article 24 and the provisions under the 44th Amendment" +"to the Constitution" +"4. With reference to the election of the President of India," +"consider the following statements:" +"1. The value of the vote of each MLA varies from State to" +"State." +"2. The value of the vote of MPs of the Lok Sabha is more" +"than the value of the vote of MPs of the Rajya Sabha." +"Which of the statements given above is/ are Correct?" +"(a) 1 only" +" (b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 or 2" +"5. Consider the following statements:" +"1. No criminal proceedings shall be instituted against the" +"Governor of a State any court during his term of office." +"2. The emoluments and allowances of the Governor of a" +"State shall not be diminished during his term of office." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"6. With reference to the Parliament of India, which of the" +"following Parliamentary Committees scrutinizes and reports" +"to the House whether the powers to make regulations, rules," +"sub-rules, by-laws, etc. conferred by the Constitution or" +"delegated by the Parliament are being properly exercised by" +"the Executive within the scope of such delegation?" +"(a) Committee on Government Assurances" +"(b) Committee on Subordinate Legislation" +"(c) Rules Committee" +"(d) Business Advisory Committee" +"7. Consider the following statements:" +"1. The Speaker of the Legislative Assembly shall vacate" +"his/her office if he/she ceases to be a member of the" +"Assembly." +"2. Whenever the Legislative Assembly is dissolved, the" +"Speaker shall vacate his/her office immediately." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"8. If the President of India exercises his power as provided" +"under Article 356 of the Constitution in respect of a particular" +"State, then" +"(a) the Assembly of the State is automatically dissolved." +" (b) the powers of the Legislature of that State shall be" +"exercisable by or under the authority of the Parliament." +"(c) Article 19 is suspended in that State." +"(d) the President can make laws relating to that State." +"9. Consider the following statements :" +"1. The Parliament of India can place a particular law in the" +"Ninth Schedule of the Constitution of India." +"2. The validity of a law placed in the Ninth Schedule cannot" +"be examined by any court and no judgement can be" +"made on it." +"Which of the statements given above is/ are correct ?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"10. Consider the following statements:" +"1. In the first Lok Sabha, the single largest party in the" +"opposition was the Swatantra Party." +"2. In the Lok Sabha, a “Leader of the Opposition” was" +"recognized for the first time in1969." +"3. In the Lok Sabha, if a party does not have a minimum of" +"75 members, its leader cannot be recognized as the" +"Leader of the Opposition." +"Which of the statements given above is/ are correct?" +"(a) 1 and 3 only" +"(b) 2 only" +"(c) 2 and 3 only" +"(d) 1, 2 and 3" +"11. Which one of the following reflects the nicest, appropriate" +"relationship between law and liberty?" +"(a) if there are more laws, there is less liberty." +"(b) If there are no laws, there is no liberty." +"(c) If there is liberty, laws have to be made by the people." +"(d) If laws are changed too often, liberty is in danger." +"12. Which of the following are regarded as the main features of" +"the “Rule of Law”?" +"1. Limitation of powers" +"2. Equality before law" +" 3. People’s responsibility to the Government" +"4. Liberty and civil rights" +"Select the correct answer using the code given below:" +"(a) 1 and 3 only" +"(b) 2 and 4 only" +"(c) 1, 2 and 4 only" +"(d) 1, 2, 3 and 4" +"13. Consider the following statements:" +"1. As per the Right to Education (RTE) Act, to be eligible for" +"appointment as a teacher in a State, a person would be" +"required to possess the minimum qualification laid down" +"by the concerned State Council of Teacher Education." +"2. As per the RTE Act, for teaching primary classes, a" +"candidate is required to pass a Teacher Eligibility Test" +"conducted in accordance with the National Council of" +"Teacher Education guidelines." +"3. In India, more than 90% of teacher education institutions" +"are directly under the State Governments." +"Which of the statements given above is/ are correct?" +"(a) 1 and 2" +"(b) 2 only" +"(c) 1 and 3" +"(d) 3 only" +"14. How is the National Green Tribunal (NGT) different from the" +"Central Pollution Control Board (CPCB)?" +"1. The NGT has been established by an Act whereas the" +"CPCB has been created by an executive order of the" +"Government." +"2. The NGT provides environmental justice and helps" +"reduce the burden of litigation in the higher courts" +"whereas the CPCB promotes cleanliness of streams and" +"wells, and aims to improve the quality of air in the country." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +" 15. Regarding Money Bill, which of the following statement is not" +"correct?" +"(a) A bill shall be deemed to be a Money Bill if it contains" +"only provisions relating to imposition, abolition, remission," +"alteration or regulation of any tax." +"(b) A Money Bill has provisions for the custody of the" +"Consolidated Fund of India or the Contingency Fund of" +"India." +"(c) A Money bill is concerned with the appropriation of" +"moneys out of the Contingency Fund of India." +"(d) A Money Bill deals with the regulation of borrowing of" +"money or giving of any guarantee by the Government of" +"India." +" 2019 TEST PAPER" +"1. Which Article of the Constitution of India safeguards one’s" +"right to marry the person of one’s choice?" +"(a) Article 19" +"(b) Article 21" +"(c) Article 25" +"(d) Article 29" +"2. Under which schedule of the Constitution of India can the" +"transfer of tribal land to private parties for mining be declared" +"null and void?" +"(a) Third Schedule" +"(b) Fifth Schedule" +"(c) Ninth Schedule" +"(d) Twelfth Schedule" +"3. Consider the following statements:" +"1. As per recent amendment to the India Forest Act, 1927," +"forest dwellers have the right to fell the bamboos grown" +"on the forest areas." +"2. As per the Scheduled Tribes and Other Traditional Forest" +"Dwellers (Recognition of Forest Rights) Act, 2006," +"bamboo is a minor forest produce." +"3. The Scheduled Tribes and other Traditional Forest" +"Dwellers (Recognition of Forest Rights) Act, 2006 allows" +"ownership of minor forest produce to forest dwellers." +"Which of the following statements given above is/are correct?" +"(a) 1 and 2 only" +"(b) 2 and 3 only" +"(c) 3 only" +"(d) 1, 2 and 3" +"4. Consider the following statements :" +"1. The 44th Amendment to the Constitution of India" +"introduced an Article placing the election of the Prime" +"Minister beyond judicial review." +"2. The Supreme Court of India struck down the 99th" +"Amendment to the Constitution of India as being violative" +"of the independence of judiciary." +" Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(b) Neither 1 nor 2" +"5. The Ninth Schedule was introduced in the Constitution of" +"India during the prime ministership of" +"(a) Jawaharlal Nehru" +"(b) Lal Bahadur Shastri" +"(c) Indira Gandhi" +"(d) Morarji Desai" +"6. With reference to the Constitution of India, consider the" +"following statements :" +"1. No High Court shall have the jurisdiction to declare any" +"central law to be constitutionally invalid." +"2. An amendment to the Constitution of India cannot be" +"called into question by the Supreme Court of India." +"Which of the statements given above is/ are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"7. With reference to the constitution of India, prohibition or" +"limitations or provisions contained in ordinary laws cannot act" +"as prohibitions or limitations on the constitutional powers" +"under Article 142. It could mean which one of the following?" +"(a) The decisions taken by the Election Commission of India" +"while discharging its duties can not be challenged in any" +"court of law." +"(b) The Supreme Court of India is not constrained in the" +"exercise of its powers by laws made by the parliament." +"(c) In the event of grave financial crises in the country, the" +"President of India can declare Financial Emergency" +"without the counsel from the cabinet." +"(d) State Legislatures can not make laws on certain matters" +"without the concurrence of the Union legislature." +"8. Consider the following statements :" +" 1. The motion to impeach a judge of the Supreme Court of" +"India cannot be rejected by the Speaker of the Lok Sabha" +"as per the Judges (Inquiry) Act, 1968." +"2. The constitution of India defines and gives details of what" +"constitutes “incapacity and proved misbehaviour” of the" +"judges of the Supreme Court of India." +"3. The details of the process of the impeachment of the" +"judges of the Supreme Court of India are given in the" +"judges (Inquiry) Act, 1968." +"4. If the motion of the impeachment of a judge is taken up" +"for voting, the law requires the motion to be backed by" +"each house of the parliament and supported by a majority" +"of total membership of that house and by not less than" +"two-thirds of total members of that House present and" +"voting." +"Which of the statements given above is/ are correct?" +"(a) 1 and 2" +"(b) 3 only" +"(c) 3 and 4 only" +"(d) 1,3 and 4" +"9. Which one of the following suggested that the Governor" +"should be an eminent person from outside the State and" +"should be a detached figure without intense political links or" +"should not have taken part in politics in the recent past?" +"(a) First Administrative Reforms Commission (1966)" +"(b) Rajamannar Committee (1969)" +"(c) Sarkaria Commission (1983)" +"(d) National Commission to Review the Working of the" +"Constitution (2000)" +"10. Consider the following statements:" +"1. The Parliament (Prevention of Disqualification) Act, 1959" +"exempts several posts from disqualification on the" +"grounds of ‘Office of Profit’." +"2. The above-mentioned Act was amended five times." +"3. The term “Office of Profit” is well-defined in the" +"Constitution of India." +"Which of the following statements given above is/are correct?" +"(a) 1 and 2 only" +" (b) 3 only" +"(c) 2 and 3 only" +"(d) 1, 2 and 3" +"11. With reference to the Legislative Assembly of a State in" +"India, consider the following statements:" +"1. The Governor makes a customary address to members of" +"the house at the commencement of the first session of the" +"year." +"2. When a State Legislature does not have a rule on the" +"particular matter, it follows the Lok Sabha rule on that" +"matter." +"Which of the following statements given above is/are correct?" +"(a) 1 only" +"(b) 2 only" +"(c) Both 1 and 2" +"(d) Neither 1 nor 2" +"12. In the context of polity, which one of the following would you" +"accept as the most appropriate definition of liberty?" +"(a) Protection against the tyranny of political rulers" +"(b) Absence of restraint" +"(c) Opportunity to do whatever one likes" +"(d) Opportunity to develop oneself fully." +"13. Consider the following statements about “the Charter Act of" +"1813’:" +"1. It ended the trade monopoly of the East India Company in" +"India except for trade in tea and trade with China." +"2. It asserted the sovereignty of the British Crown over the" +"Indian territories held by the Company." +"3. The revenues of India were now controlled by the British" +"Parliament." +"Which of the statements given above are correct?" +"(a) 1 and 2 only" +"(b) 2 and 3 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"14. In India, which of the following review the independent" +"regulators in sectors like telecommunications, insurance," +"electricity, etc.?" +" 1. Ad Hoc Committees set up by the Parliament" +"2. Parliamentary Department Related Standing Committees" +"3. Finance Commission" +"4. Financial Sector Legislative Reforms Commission" +"5. NITI Aayog" +"Select the correct answer using the code given below." +"(a) 1 and 2" +"(b) 1, 3 and 4" +"(c) 3, 4 and 5" +"(d) 2 and 5" +"15. Consider the following statements:" +"1. Petroleum and Natural Gas Regulatory Board (PNGRB)" +"is the first regulatory body set up by the Government of" +"India." +"2. One of the tasks of PNGRB is to ensure competitive" +"markets for gas." +"3. Appeals against the decisions of PNGRB go before the" +"Appellate Tribunals for Electricity." +"Which of the statements given above are correct?" +"(a) 1 and 2 only" +"(b) 2 and 3 only" +"(c) 1 and 3 only" +"(d) 1, 2 and 3" +"" +"Answers" +"" +"2010 TEST PAPER" +"1. b" +"2. b" +"3. d" +"4. b" +"5. a" +"6. b" +"7. d" +"8. c" +"9. b" +"10. a" +" 2011 TEST PAPER" +"1. c" +"2. c" +"3. d" +"4. b" +"5. c" +"6. b" +"7. d" +"8. a" +"9. d" +"10. d" +"11. a" +"12. b" +"" +"2012 TEST PAPER" +"1. c" +"2. d" +"3. a" +"4. a" +"5. b" +"6. d" +"7. c" +"8. b" +"9. c" +"10. c" +"11. b" +"12. a" +"13. c" +"14. c" +"15. a" +"16. c" +"17. c" +"18. a" +"19. c" +"20. a" +"" +"2013 TEST PAPER" +" 1. b" +"2. b" +"3. a" +"4. b" +"5. b" +"6. b" +"7. c" +"8. d" +"9. b" +"10. c" +"11. a" +"12. c" +"13. c" +"14. d" +"15. c" +"16. d" +"17. d" +"18. c" +"" +"2014 TEST PAPER" +"1. c" +"2. b" +"3. d" +"4. d" +"5. b" +"6. c" +"7. c" +"8. b" +"9. b" +"10. a" +"11. c" +"12. c" +"13. b" +"" +"2015 TEST PAPER" +"1. c" +"2. b" +"3. b" +" 4. a" +"5. d" +"6. d" +"7. a" +"8. c" +"9. d" +"10. a" +"11. d" +"12. d" +"13. c" +"14. b" +"15. d" +"" +"2016 TEST PAPER" +"1. b" +"2. d" +"3. b" +"4. d" +"5. b" +"6. d" +"" +"2017 TEST PAPER" +"1. b" +"2. a" +"3. c" +"4. c" +"5. d" +"6. a" +"7. b" +"8. d" +"9. c" +"10. d" +"11. d" +"12. d" +"13. b" +"14. d" +"15. b" +"16. d" +" 17. d" +"18. c" +"19. c" +"20. a" +"21. a" +"22. a" +"" +"2018 TEST PAPER" +"1. b" +"2. d" +"3. c" +"4. a" +"5. c" +"6. b" +"7. a" +"8. b" +"9. a" +"10. b" +"11. b" +"12. c" +"13. b" +"14. b" +"15. c" +"" +"2019 TEST PAPER" +"1. b" +"2. b" +"3. b" +"4. b" +"5. a" +"6. d" +"7. b" +"8. c" +"9. c" +"10. a" +"11. a" +"12. d" +"13. a" +" 14. a" +"15. b" +" Appendix VIII Practice Questions on Indian Polity" +"(General Studies—Prelims)" +"1. The Chairman of which of the following parliamentary committees is" +"invariably from the members of ruling party?" +"(a) Committee on Public Undertakings" +"(b) Public Accounts Committee" +"(c) Estimates Committee" +"(d) Committee on Delegated Legislation" +"2. Which of the following is not a formally prescribed device available to the" +"members of Parliament?" +"(a) Question Hour" +"(b) Zero Hour" +"(c) Half-an-hour discussion" +"(d) Short duration discussion" +"3. Which of the following is exclusively a committee of the Lower House:" +"(a) Committee on Assurances" +"(b) Committee on Delegated Legislation" +"(c) Committee on Public Undertakings" +"(d) Estimates Committee" +"4. Which one of the following devices calls the attention of minister towards a" +"matter of public importance?" +"(a) Half-an-hour discussion" +"(b) Calling attention notice" +"(c) Short duration discussion" +"(d) Adjournment motion" +"5. Central Vigilance Commission was set up on the recommendation of:" +"(a) Administrative Reforms Commission of India" +"(b) Gorwala Report" +"(c) Kripalani Committee" +"(d) Santhanam Committee" +"6. The institution of Lokayukta was created for the first time by the state of:" +"(a) Orissa" +"b. Bihar" +"(c) Punjab" +"d. Maharashtra" +"7. The correct statements about zero hour includes:" +"1. It is the first hour of every sitting in both the houses of Parliament." +"2. It is mentioned in the Rules of Business of the houses of Parliament." +"3. During this time, matters are raised without any prior notice." +"4. It is the time immediately following the Question Hour in both the houses" +"of Parliament." +"5. It is an Indian innovation in parliamentary procedure since 1964." +"(a) 2, 3 and 4" +" (b) 3 and 4" +"(c) 1, 2 and 5" +"(d) 2, 3 and 5" +"8. The correct statements about calling attention notice are:" +"1. It is a device of calling the attention of a minister to a matter of urgent" +"public importance." +"2. Its main purpose is to seek an authoritative statement from the minister." +"3. It does not involve any censure against government." +"4. It is an Indian innovation in the parliamentary procedure since 1952." +"5. It is not mentioned in the Rules of Business and Procedure." +"(a) 1, 2, 3 and 4" +"(b) 4 and 5" +"(c) 1, 2, 3 and 5" +"(d) 1, 2 and 3" +"9. Which of the following statements are true of Adjournment Motion?" +"1. It is an extraordinary procedure which sets aside the normal business of" +"the House." +"2. Its main object is to draw the attention of the House to a recent matter of" +"urgent public importance." +"3. The Rajya Sabha can make use of this procedure." +"4. It must be supported by not less than 50 members for introduction." +"5. It involves an element of censure against government." +"(a) 1, 2, 4 and 5" +"(b) 2, 3 and 5" +"(c) 2, 3 and 4" +"(d) 1, 2 and 4" +"10. Which of the following statements are incorrect about the difference" +"between the writ jurisdiction of the Supreme Court and high courts in India?" +"1. The Supreme Court can issue writs not only for the purpose of" +"enforcement of Fundamental Rights but also for any other purpose," +"whereas high courts can issue writs only for the purpose of enforcement" +"of Fundamental Rights." +"2. High courts can issue the writ of Injunction, whereas the Supreme Court" +"cannot issue the writ of Injunction." +"3. The Supreme Court can issue writs only in the case of appeal, whereas" +"high courts can issue writs only when the party directly approaches it." +"4. High courts can issue writs not only for the purpose of enforcement of" +"Fundamental Rights but also for any other purpose, whereas the" +"Supreme Court can issue writs only for the purpose of enforcement of" +"Fundamental Rights." +"(a) 1 and 2" +"(b) 1, 2 and 3" +"(c) 2 and 3" +"(d) 4 only" +"11. No-confidence Motion, to be admitted in the Lok Sabha, needs the support" +"of:" +" (a) 80 Members" +"(b) 140 Members" +"(c) 160 Members" +"(d) 50 Members" +"12. Which of the following statements are incorrect about unstarred question?" +"1. It is distinguished by an asterisk mark." +"2. Answer to such a question is given orally." +"3. Answer to such a question is not followed by supplementary questions." +"4. It does not carry an asterisk mark." +"5. Answer to such a question is given in a written form." +"(a) 2 and 3" +"(b) 3, 4 and 5" +"(c) 1 and 2" +"(d) 2, 3 and 4" +"Assertion (A) and Reason (R) Pattern" +"Answer the following questions by using the codes given below." +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"13. Assertion: The writ jurisdiction of the Supreme Court and high courts in" +"India is same. Reason: Both, the Supreme Court and the High Court can" +"issue the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and" +"Quo warranto." +"14. Assertion: In democracy, the ultimate responsibility of administration is to" +"the people." +"Reason: The democratic government is based on the principle of popular" +"sovereignty." +"" +"Matching Pattern" +"Match List-I with List-II and select correct answer by using the codes given" +"below the lists." +"15. List-I (Writs) List-II (Literal meanings)" +"A. Mandamus 1. “By what warrant or authority’" +"B. Habeas Corpus 2. “We command’" +"C. Quo warranto 3. “To be certified’" +"D. Certiorari 4. “You may have the body” or “To" +"have the body of’" +"Codes: A B C D" +"(a) 2 3 4 1" +"(b) 2 4 3 1" +"(c) 1 4 2 3" +"(d) 2 4 1 3" +" 16. List-I (Provisions) List-II (Contained in)" +"A. Writ jurisdiction of the Supreme 1. Article 13" +"Court 2. Article 226" +"B. Suits against government 3. Article 300" +"C. Writ jurisdiction of the High Court 4. Article 32" +"D. Source of the power of judicial 5. Article 166" +"review" +"Codes: A B C D" +"(a) 4 3 5 1" +"(b) 3 4 2 5" +"(c) 4 3 2 1" +"(d) 5 4 3 2" +"" +"17. The final work of UPSC in recruitment process is:" +"(a) Selection" +"(b) Appointment" +"(c) Certification" +"(d) Placement" +"18. The conditions of service of members of All-India Services are determined" +"by:" +"(a) President of India" +"(b) Constitution of India" +"(c) Parliament of India" +"(d) Union Public Service Commission" +"" +"Assertion (A) and Reason (R) Pattern" +"Answer the following questions by using the following codes." +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"19. Assertion: India has imposed severe restrictions on the political activities of" +"civil servants." +"Reason: The civil servants in India enjoy the right to vote." +"20. Assertion: A member of All-India Service can appeal against the order of a" +"State Government to the President of India." +"Reason: Article 311 of the Constitution says that a civil servant cannot be" +"removed or dismissed by any authority which is subordinate to the authority" +"by which he was appointed." +"21. The Vote on Account is passed:" +"(a) After the voting of demands" +"(b) Before the general discussion" +"(c) After the general discussion" +"(d) Either after the voting of the demands or after the general discussion." +" 22. Arrange the following stages in the enactment of budget in proper order:" +"1. General discussion" +"2. Appropriation Bill" +"3. Finance Bill" +"4. Voting of the demands for grant" +"5. Presentation to legislature" +"(a) 1, 2, 3, 4, 5" +"(b) 5, 1, 4, 2, 3" +"(c) 5, 1, 4, 3, 2" +"(d) 5, 1, 3, 4, 2" +"23. Which of the following documents are presented to the legislature along" +"with the budget?" +"1. An explanatory memorandum on the budget" +"2. A summary of demands for grants" +"3. An Appropriation Bill" +"4. A Finance Bill" +"5. The economic survey" +"(a) 1, 3 and 5" +"(b) 1, 2 and 3" +"(c) 2, 3 and 5" +"(d) 1, 2, 3 and 4" +"24. Which of the following is not a condition of admissibility of cut motions in" +"the Parliament?" +"(a) It should not make suggestions for the amendment of existing laws." +"(b) It should not relate to expenditure charged on the Consolidated Fund of" +"India." +"(c) It should relate to more than one demand." +"(d) It should not raise a question of privilege." +"25. The ultimate responsibility of taking due action on the comments of the C &" +"AG vests with:" +"(a) President of India" +"(b) Supreme Court" +"(c) Parliament" +"(d) National Development Council" +"26. The word “Budget” is mentioned in which of the following Articles of the" +"Constitution of India:" +"(a) Art. 266" +"(b) Art. 112" +"(c) Art. 265" +"(d) None" +"27. Which of the following statements are incorrect?" +"1. Rajya Sabha can reject a Money Bill." +"2. Rajya Sabha can make recommendations on a Money Bill." +"3. Rajya Sabha cannot reject a Money Bill." +"4. Rajya Sabha should return the Money Bill to the Lok Sabha within 14" +"days." +" 5. Rajya Sabha can amend a Money Bill." +"(a) 2, 3 and 4" +"(b) 1, 2 and 5" +"(c) 1 and 5" +"(d) only 1" +"28. Which of the following expenditures are charged upon the Consolidated" +"Fund of India?" +"1. Allowances of the Chairman of Lok Sabha." +"2. Expenditure relating to the raising of loans and the service and" +"redemption of debt." +"3. Pensions of the judges of High Courts." +"4. Any sum required to satisfy the award of any arbitration tribunal." +"5. Administrative expenses of the office of the Comptroller and" +"AuditorGeneral" +"(a) 2 and 5" +"(b) 1, 2 and 5" +"(c) 2, 3 and 4" +"(d) 1, 2, 3, 4 and 5" +"29. The correct statements about Public Account of India are:" +"1. The public account is the fund to which all public moneys received by or" +"on behalf of the government are credited." +"2. No legislative appropriation is required for payments from the Public" +"Account of India." +"3. Legislative appropriation is required for payments from the Public" +"Account of India." +"4. All public moneys, other than those credited to the Consolidated Fund of" +"India, which are received by or on behalf of the government are credited" +"to the Public Account of India." +"5. It is operated by executive action." +"(a) 1, 2 and 5" +"(b) 1, 3 and 5" +"(c) 2, 4 and 5" +"(d) 2 and 4" +"30. Which of the following statements are incorrect?" +"1. Appropriation Bill cannot be amended while the Finance Bill can be" +"amended." +"2. Finance Bill cannot be amended while Appropriation Bill can be" +"amended." +"3. Same procedure governs both the Appropriation Bill and the Finance" +"Bill." +"4. Appropriation Bill and the Finance Bill are governed by different" +"procedures." +"5. Appropriation Bill cannot be rejected by the Rajya Sabha while Finance" +"Bill can be rejected by it." +"(a) 2 and 4" +"(b) 2, 4 and 5" +" (c) 1 and 3" +"(d) 1, 3 and 5" +"" +"Matching Pattern" +"Match List-I with List-II and select the correct answer by using the codes given" +"below the lists." +"31. List-I List-II" +"A. Token Cut Motion 1. “That the amount of the demand be reduced by" +"B. Economy Cut a specified amount.”" +"Motion 2. “That the amount of the demand be reduced by" +"C. Policy Cut Motion ‘1.”" +"3. “That the amount of the demand be reduced by" +"‘100.”" +"4. “That the amount of the demand be reduced to" +"‘1.”" +"5. “That the amount of the demand be reduced to" +"‘100.”" +"Codes: ABC" +"(a) 512" +"(b) 531" +"(c) 314" +"(d) 352" +"32. List-I (Terms) List-II (Defined by)" +"A. Consolidated Fund of India 1. Article 110" +"B. Money Bill 2. Article 267" +"C. Annual Financial Statement 3. Article 266" +"D. Contingency Fund of India 4. Article 265" +"5. Article 112" +"Codes: A B C D" +"(a) 4 1 5 3" +"(b) 2 1 5 4" +"(c) 4 1 5 2" +"(d) 3 1 5 2" +"" +"" +"Assertion (A) and Reason (R) Pattern" +"Answer the following questions by using the codes given below." +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"33. Assertion: The budget makes a distinction between the expenditure" +"“charged” on the Consolidated Fund of India and the expenditure “made”" +" from the Consolidated Fund of India." +"Reason: The expenditure “charged” on the Consolidated Fund of India is" +"not subject to the vote of Parliament." +"34. Assertion: No expenditure can be incurred without the approval of the" +"Parliament. Reason: Our democratic government, like that of Britain, is" +"based on the concept of sovereignty of the parliament." +"35. Assertion: The Rajya Sabha has less powers in financial matters." +"Reason: The Lok Sabha alone votes the demands for grants." +"36. Assertion: The expenditure “charged” on the Consolidated Fund of India is" +"not subject to the vote of Parliament. Reason: It is in the nature of obligatory" +"payment." +"37. The Finance Commission does not recommend on:" +"(a) The distribution of net proceeds of taxes between the union and the" +"states." +"(b) The principles to be followed by the centre while giving grants-in-aid to" +"the states out of the consolidated Fund of India." +"(c) The amount of money to be allocated to the states from Public Account" +"of India." +"(d) Any other matter referred to the Commission by President in the interest" +"of sound finance." +"38. Which of the following statements about President’s ordinance-making" +"power is not correct?" +"(a) It is co-extensive with legislative power of Parliament." +"(b) Laid down in Article 123." +"(c) Shall cease to operate on expiry of six weeks from the reassembly of" +"the Parliament." +"(d) Cannot be withdrawn at any time by the President." +"39. The salient features of the Government of India Act, 1935 are:" +"1. All India Federation" +"2. Provincial Autonomy" +"3. Dyarchy at the Centre" +"4. Abolition of Dyarchy in the states" +"(a) 1 and 2" +"(b) 1, 2 and 3" +"(c) 2, 3 and 4" +"(d) 1, 2, 3 and 4" +"40. The accounts of the Union and of the States shall be kept in such form as" +"prescribed by:" +"(a) Finance Minister of India in consultation with CAG of India." +"(b) CAG of India with the approval of Planning Commission." +"(c) CAG of India with the approval of the President." +"(d) President of India in consultation with CAG of India" +"41. Which of the following acts introduced the principle of election in India?" +"(a) Indian Councils Act of 1861" +"(b) Indian Councils Act of 1892" +"(c) Indian Councils Act of 1909" +" (d) Indian Councils Act of 1919" +"42. The features of Indian federal system are:" +"1. Division of powers" +"2. Separation of powers" +"3. Independent judiciary" +"4. Leadership of the Prime Minister" +"5. A written Constitution" +"(a) 2, 3 and 5" +"(b) 1, 4 and 5" +"(c) 1, 2 and 5" +"(d) 1, 3 and 5" +"43. Which of the following is not correct about Finance Commission?" +"(a) Constituted at the expiration of every fifth year." +"(b) Recommends the distribution of proceeds of taxes between Centre and" +"states." +"(c) Consists of a Chairman and four other members." +"(d) Its advice is binding on the Government." +"44. Which of the following is correctly matched?" +"(a) 1909 Act – Principle of election" +"(b) 1919 Act – Provincial autonomy" +"(c) 1935 Act – Dyarchy in states" +"(d) 1947 Act – Responsible government" +"45. The CAG of India can be removed from the office only in like manner and" +"on like grounds as:" +"(a) Chairman of the UPSC" +"(b) Supreme Court Judge" +"(c) Attorney General of India" +"(d) Speaker of Lok Sabha" +"46. Statutory recognition to the portfolio system was accorded by:" +"(a) Indian Councils Act of 1892" +"(b) Indian Councils Act of 1871" +"(c) Indian Councils Act of 1861" +"(d) Indian Councils Act of 1882" +"47. Dyarchy was introduced by:" +"(a) Indian Councils Act of 1909" +"(b) Government of India Act of 1919" +"(c) Government of India Act of 1935" +"(d) Independence Act of 1947" +"48. Which of the following is not a feature of Government of India Act of 1935?" +"(a) Dyarchy at the Centre" +"(b) All-India Federation" +"(c) Provincial autonomy" +"(d) Dyarchy in the provinces" +"49. Which one of the following amendments to the Constitutions, for the first" +"time, made it obligatory for the President to act on the advice of the council" +"of ministers?" +" (a) 24th amendment" +"(b) 42nd amendment" +"(c) 44th amendment" +"(d) 54th amendment" +"50. The Indian federation is based on the pattern of:" +"(a) Switzerland" +"(b) USA" +"(c) Russia" +"(d) Canada" +"51. Who said the “Indian Constitution established a unitary state with subsidiary" +"federal features rather than federal state with subsidiary unitary features?”" +"(a) Granville Austin" +"(b) Ivor Jennings" +"(c) B.R. Ambedkar" +"(d) K.C. Wheare" +"52. Which of the following are not correct about CAG of India?" +"1. He is appointed by the President for a period of five years." +"2. His salary and conditions of service are determined by President." +"3. He shall vacate office on attaining the age of 60 years." +"4. He can be removed by the President on his own." +"5. He is responsible for maintaining the accounts of Central and state" +"governments." +"(a) 1, 4 and 5" +"(b) 2, 3 and 4" +"(c) 1, 2, 3, 4 and 5" +"(d) 3, 4 and 5" +"53. Which of the following are correct about Vice Chairperson of NITI Aayog?" +"1. He is appointed by the President." +"2. He enjoys the status of a Cabinet-rank minister." +"3. He is a member of the Union cabinet." +"4. He attends Cabinet meetings as a special invitee." +"5. He is the de facto executive head of the Aayog." +"(a) 1, 2, 4 and 5" +"(b) 2, 3, 4 and 5" +"(c) 2, 4 and 5" +"(d) 1, 2, 3 and 5" +"53. The correct statements about the Directive Principles of State Policy are:" +"1. They are borrowed from the Irish Constitution." +"2. They are incorporated in Part V of the Constitution." +"3. They seek to provide social and economic base to democracy." +"4. The state must compulsorily implement them." +"5. All of them are Gandhian in nature." +"(a) 1, 2, 3 and 5" +"(b) 1, 3 and 5" +"(c) 1, 3, 4 and 5" +"(d) 1 and 3" +" 55. The Governor-General of Bengal became the Governor-General of India" +"by:" +"(a) Government of India Act of 1858" +"(b) Indian Councils Act of 1861" +"(c) Pitts India Act of 1784" +"(d) Charter Act of 1833" +"56. Which is incorrectly matched?" +"(a) Prohibition of Discrimination— Article 15" +"(b) Right to Association—Article 19." +"(c) Right to Protection of Life—Article 20." +"(d) Right to Constitutional Remedies— Article 32." +"57. Who characterises Indian Union as “a federation with a centralising" +"tendency?”" +"(a) B.R. Ambedkar" +"(b) K.C. Wheare" +"(c) Ivor Jennings" +"(d) Granville Austin" +"58. Which act provided for direct control of Indian affairs by the British" +"Government?" +"(a) Charter Act of 1858" +"(b) Regulating Act of 1773" +"(c) Pitts India Act of 1784" +"(d) Charter Act of 1833" +"59. The correct statements about Fundamental Rights are:" +"1. They are enforceable in the court of law." +"2. These rights are absolute." +"3. They can be suspended during national emergency, except some." +"4. They are available only to Indian citizens." +"5. They are contained in Part IV of the Constitution." +"(a) 1, 3, 4 and 5" +"(b) 1, 2, 3 and 5" +"(c) 1 and 3" +"(d) 1, 3 and 5" +"60. The words ‘socialist’ and ‘secular’ were added to the Preamble by:" +"(a) 41st amendment" +"(b) 44th amendment" +"(c) 46th amendment" +"(d) 42nd amendment" +"61. No demand for a grant is to be made except on the recommendation of:" +"(a) Prime Minister" +"(b) President" +"(c) Finance Minister" +"(d) Comptroller and Auditor-General" +"62. The features of Government of India Act of 1858 includes:" +"1. Replacement of Company rule by the Crown rule." +"2. Establishment of a Board of Control over the Court of Directors." +" 3. Reaffirmation of the system of open competition." +"4. Separating the legislative and executive functions of the Governor-" +"General." +"5. Creation of a new office of the Secretary of State for India." +"(a) 1, 3 and 4" +"(b) 1, 2 and 4" +"(c) 1 and 5" +"(d) 1, 3 and 5" +"63. Which of the following are not the federal features of Indian Constitution?" +"1. Supremacy of Constitution" +"2. All-India services" +"3. Single citizenship" +"4. Independent judiciary" +"5. Bicameral legislature" +"6. Integrated judiciary" +"(a) 1, 4 and 5" +"(b) 1, 5 and 6" +"(c) 2, 3 and 6" +"(d) 2, 3 and 4" +"64. The features of Indian parliamentary system are:" +"1. Independent judiciary." +"2. Collective responsibility of the executive to the legislature." +"3. A written Constitution." +"4. Presence of de jure and de facto executives." +"5. Individual responsibility of the executive to the legislature." +"(a) 2, 3 and 4" +"(b) 1, 2 and 4" +"(c) 2, 4 and 5" +"(d) 1, 2, 4 and 5" +"65. The President of India is elected by an electoral college consisting of:" +"(a) Members of Parliament and state legislatures" +"(b) Elected members of Parliament and state legislatures" +"(c) Elected members of Parliament and state legislative assemblies" +"(d) Elected members of Lok Sabha and members of Rajya Sabha and state" +"Legislative Assemblies" +"66. Which of the following acts laid the foundation of Central administration?" +"(a) Charter Act of 1833" +"(b) Regulating Act of 1773" +"(c) Charter Act of 1853" +"(d) Pitts India Act of 1784" +"" +"Matching Pattern" +"Match List I with List II and select the correct answers by using codes given" +"below the lists." +"67. List-I List-II" +" A. Bicameral system 1. Government of India Act of 1935" +"B. Legislative devolution 2. Indian Councils Act of 1861" +"C. Separate electorate 3. Montagu-Chelmsford Reforms" +"D. Provincial autonomy 4. Indian Councils Act of 1892" +"5. Minto-Morely Reforms." +"Codes: A B C D" +"(a) 5 2 3 1" +"(b) 3 4 5 1" +"(c) 3 2 5 1" +"(d) 5 4 3 1" +"68. List-I List-II" +"A. Equality in Public employment 1. Article 29" +"B. Minorities rights 2. Article 21" +"C. Right to personal liberty 3. Article 23" +"D. Right against exploitation 4. Article 16" +"5. Article 25" +"Codes: A B C D" +"(a) 5 2 3 1" +"(b) 3 4 5 1" +"(c) 3 2 5 1" +"(d) 5 4 3 1" +"69. List-I List-II" +"A. Withholding of assent 1. Qualified veto" +"B. Overridden by an ordinary majority 2. Pocket veto" +"C. Taking no action on the bill 3. Absolute veto" +"D. Overriden by a higher majority 4. Suspensive veto" +"5. Majority veto" +"Codes: A B C D" +"(a) 3 4 2 1" +"(b) 4 3 2 5" +"(c) 5 3 1 2" +"(d) 3 4 2 1" +"70. List-I List-II" +"A. Third Schedule 1. Allocation of seats in Upper" +"B. Ninth Schedule House" +"C. Fourth Schedule 2. Disqualification on Grounds of" +"D. Tenth Schedule defection" +"3. Validation of certain acts" +"4. Languages" +"5. Forms of affirmations" +"Codes: A B C D" +"(a) 5 2 3 1" +" (b) 3 4 5 1" +"(c) 3 2 5 1" +"(d) 5 4 3 1" +"" +"" +"Assertion (A) and Reason (R) Pattern" +"Answer the following questions by using the codes given below." +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"71. Assertion: India has adopted the parliamentary form of government." +"Reason: The President is the titular head of the state while the council of" +"ministers headed by the Prime Minister is the real executive authority." +"72. Assertion: A person who holds, or who has held, office as President shall" +"not be eligible for re-election to that office. Reason: No person shall be" +"eligible for election as a President unless he is qualified for election as a" +"member of the House of People." +"73. Assertion: All doubts and disputes arising out of or in connection with the" +"election of a President or Vice-President shall be inquired into and decided" +"by the Supreme Court whose decision shall be final. Reason: Parliament" +"may, by law, regulate any matter relating to or connected with the election of" +"a President or a VicePresident." +"75. The Central Administrative Tribunal deals with:" +"(a) Recruitment matters" +"(b) Promotion matters" +"(c) Disciplinary matters" +"(d) Recruitment and all service matters" +"76. Which of the following can provide for the appointment of a Joint Public" +"Service Commission?" +"(a) President of India" +"(b) Parliament of India" +"(c) UPSC" +"(d) State Governors" +"77. The origins of UPSC can be traced to:" +"(a) 1909 Act" +"(b) 1919 Act" +"(c) 1930 Act" +"(d) 1947 Act" +"78. The functions of the UPSC can be extended by:" +"(a) President" +"(b) Prime Minister" +"(c) Ministry of Personnel" +"(d) Parliament" +" 79. The personnel system of any local authority, corporate body or public" +"institution can be placed within the jurisdiction of the UPSC by:" +"(a) President of India" +"(b) Central Ministry of Personnel" +"(c) Parliament" +"(d) Supreme Court" +"80. The Chairman and members of the UPSC hold office for a term of:" +"(a) Three years" +"(b) Four years" +"(c) Five years" +"(d) Six years" +"81. Who is regarded as the “Father of All-India Services?”" +"(a) Lord Macaulay" +"(b) Lord Cornwallis" +"(c) B.R. Ambedkar" +"(d) Sardar Patel" +"82. A Joint Public Service Commission can be created by:" +"(a) An order of the President" +"(b) A resolution of the Rajya Sabha" +"(c) An act of Parliament" +"(d) A resolution of the concerned state legislatures" +"82. Which of the following statements are correct?" +"1. The Constitution does not fix the number of members of the UPSC." +"2. One-half of the members of the UPSC should be persons who have" +"held office under the Government of India or of a state at least for five" +"years." +"3. The Chairman and members of the UPSC hold office for a term of five" +"years or until they attain the age of 60 years." +"4. The salaries and allowances of the members of the UPSC are" +"determined by the Parliament." +"5. The entire expanses of UPSC are charged on the Consolidated Fund of" +"India." +"(a) 2, 4 and 5" +"(b) 1 and 5" +"(c) 2, 3 and 4" +"(d) 1, 4 and 5" +"84. Which of the following statements related to the Central Administrative" +"Tribunal are correct?" +"1. It is a statutory body." +"2. Its members are drawn from administrative background only." +"3. It is not bound by the procedure prescribed in the code of civil" +"procedure." +"4. Its jurisdiction covers the members of All India Services as well as" +"Central Services and Central Government posts." +"5. It was setup in 1985." +"(a) 2, 3 and 5" +" (b) 1 and 4" +"(c) 1, 3, 4 and 5" +"(d) 2 and 3" +"" +"Assertion (A) and Reason (R) Pattern" +"Answer the following questions by using the codes given below" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not the correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"85. Assertion: All-India Services are instruments of national integration." +"Reason: Its members are appointed by President of India." +"86. Assertion: Chairman and members of the UPSC are appointed by" +"President. Reason: The UPSC is a constitutional body." +"87. Assertion: The salaries of the members of the UPSC cannot be changed to" +"their disadvantage during their tenure. Reason: The independence of the" +"Public Service Commission has to be maintained." +"88. Assertion: The Constitution has not fixed the number of members of the" +"UPSC." +"Reason: The Chairman and members of the UPSC are appointed by" +"President." +"89. Which of the following statements are true about the Governor of a state?" +"1. The executive power of the state is vested in him." +"2. He must have attained 35 years of age." +"3. He holds office during the pleasure of the President." +"4. The grounds for his removal are laid down in the Constitution." +"(a) 1, 2, and 4" +"(b) 1, 2 and 3" +"(c) 1, 3 and 4" +"(d) 1, 2, 3 and 4" +"90. The recommendations of the Ashok Mehta Committee on Panchayati Raj" +"are:" +"1. Creation of a two-tier system" +"2. Reservation of seats for SCs and STs" +"3. Compulsory powers of taxation to Panchayati Raj institutions" +"4. Open participation of political parties in Panchayati Raj affairs" +"5. If superceded, elections must be held within one year" +"(a) 1, 3 and 4" +"(b) 1, 2, 4 and 5" +"(c) 1, 2, 3 and 4" +"(d) 1, 3, 4 and 5" +"91. District Judges are appointed by:" +"(a) The Chief Justice of High Court" +"(b) The State Public Service Commission" +"(c) The Chief Minister of state" +" (d) The Governor of state" +"92. Money bill can be introduced in the state legislature only on the" +"recommendation of:" +"(a) Speaker" +"(b) Finance Minister" +"(c) Chief Minister" +"(d) Governor" +"93. According to the Balwantray Mehta Committee, the District Collector should" +"be:" +"(a) Kept out of the Zila Parishad" +"(b) A non-voting member of the Zila Parishad" +"(c) A member of the Zila Parishad with the right to vote" +"(d) The Chairman of the Zila Parishad" +"94. The Balwantray Mehta Committee was a committee on:" +"(a) Democratic-decentralisation" +"(b) Panchayati Raj institutions" +"(c) Administrative arrangements for rural development" +"(d) Community development programme" +"95. Panchayati Raj form of rural local government was adopted first by (in the" +"order):" +"(a) Rajasthan and Madhya Pradesh" +"(b) Andhra Pradesh and West Bengal" +"(c) Rajashtan and Andhra Pradesh" +"(d) Andhra Pradesh and Rajasthan" +"96. The District and sessions Judge works directly under the control of:" +"(a) District Collector" +"(b) Governor of the state" +"(c) Law Minister of the state" +"(d) High Court of the state" +"97. Which of the following is a committee on Panchayati Raj institutions?" +"(a) Balwantray Mehta Committee" +"(b) G.V.K. Rao Committee" +"(c) L.M. Singhvi Committee" +"(d) Ashok Mehta Committee" +"98. “The state shall take steps to organise village Panchayats and endow them" +"with such powers as may be necessary to enable them to function as units" +"of self-government.” This provision is mentioned in:" +"(a) Part I of the Constitution" +"(b) Part IV-A of the Constitution" +"(c) Part III of the Constitution" +"(d) Part IV of the Constitution" +"99. A President’s rule can be imposed in a state under the provisions of:" +"1. Article 356 2. Article 360" +"3. Article 352" +"4. Article 365" +"(a) only 1" +" (b) 1 and 3" +"(c) 1 and 4" +"(d) 1 and 2" +"100. Which of the following Constitutional Amendment act provided for the" +"appointment of the same person as Governor for two or more states?" +"(a) 4th Amendment" +"(b) 7th Amendment" +"(c) 11th Amendment" +"(d) 24th Amendment" +"101. Article 154 states that the Governor can exercise his executive authority" +"either directly or through officers subordinate to him. The word subordinates" +"includes:" +"(a) All the ministers and the Chief Minister" +"(b) All the ministers except the Chief Minister" +"(c) Only the Chief Minister and the Deputy Chief Minister" +"(d) Only the Cabinet Ministers" +"102. In the event of declaration of constitutional emergency in the state, the" +"President can:" +"1. Assume to himself all the functions of the state government including" +"the High Court." +"2. Declare that the powers of the state legislature shall be exercisable" +"under the authority of the Governor." +"3. Assume to himself all the functions of the state government except the" +"High Court." +"4. Declare that the powers of the state legislature shall be exercisable" +"under the authority of the parliament." +"Of the above, the correct statements are:" +"(a) 1 and 2" +"(b) 2 and 3" +"(c) 3 and 4" +"(d) 1 and 4" +"103. The correct statements about ordinance making power of the Governor are:" +"1. It is laid down in Article 213." +"2. It can be issued by him after the advice of the President or state council" +"of ministers." +"3. It is co-extensive with the legislative power of the state legislature." +"4. It can be issued only during the recess of State Legislative Assembly" +"and not the Legislative Council." +"5. It can not be withdrawn by him anytime." +"(a) 2, 3 and 4" +"(b) 1, 3 and 5" +"(c) 1, 2 and 3" +"(d) 2, 4 and 5" +"104. Panchayati Raj is a system of:" +"(a) Local government" +"(b) Local administration" +" (c) Local self-government" +"(d) Rural local self-government" +"105. Which of the following are the features of 74th Amendment Act on" +"municipalities?" +"1. Reservation of seats for SCs and STs in proportion of their population" +"(to the total population) in municipal Area." +"2. Mandatory periodic elections every 5 years." +"3. The procedure for maintenance of accounts and audit would be decided" +"by the State Governor." +"4. Constitution of Nagar Panchayats for smaller urban area." +"5. One-third of the seats shall be reserved for women, excluding the" +"number of seats reserved for SC and ST women." +"(a) 1, 2 and 4" +"(b) 2, 3 and 5" +"(c) 3, 4 and 5" +"(d) 1 and 2" +"" +"Assertion (A) and Reason (R) Pattern" +"Answer the following questions by using the codes given below:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"106. Assertion: Under the Constitution, the Chief Minister holds office till the" +"pleasure of the Governor." +"Reason: The Chief Minister is appointed by the Governor." +"107. Assertion: Lord Ripon’s Resolution of 1882 was hailed as the ‘Magna" +"Carta’ of local government." +"Reason: Lord Ripon is regarded as the ‘father of local self-government in" +"India.’" +"108. Assertion: The 73rd amendment to the Constitution gives a constitutional" +"status to the Gram Sabha." +"Reason: The Balvantray Mehta Committee report made a formal mention of" +"the Gram Sabha." +"110. Assertion: The Governor shall hold office during the pleasure of the" +"President. Reason: The Governor of a state shall be appointed by the" +"President India." +"" +"Matching Pattern" +"Match List-I with List-II and select the correct answer by using the codes given" +"below the lists." +"111. List-I List-II" +"A. Deliberative organisation 1. Commissioner" +"B. Formal head 2. Standing Committee" +" C. Management 3. Mayor" +"D. Executive body 4. Council" +"Codes: A B C D" +"(a) 4 2 3 1" +"(b) 3 2 1 4" +"(c) 2 3 1 4" +"(d) 4 3 2 1" +"112. List-I (States) List-II (Governor’s special" +"responsibilities)" +"A. Madhya Pradesh 1. Law and order" +"B. Gujarat 2. Administration of tribal areas" +"C. Nagaland 3. Development of backward" +"D. Assam areas" +"4. Minister for Tribal Welfare" +"5. Hill Areas Committee working" +"Codes: A B C D" +"(a) 3 4 2 5" +"(b) 2 1 4 3" +"(c) 4 3 1 2" +"(d) 5 3 2 4" +"113. List-I List-II (Setup on)" +"(Committees)" +"A. G.V.K. Rao 1. Panchayati Raj institutions" +"Committee 2. Revitalisation of PRIs for democracy and" +"B. Balvantray development" +"Mehta 3. Existing administrative arrangements for Rural" +"Committee Development and Poverty Alleviation" +"C. L.M. Singhvi Programmes." +"Committee 4. Community Development Programme and" +"D. Ashok Mehta National Extension Service." +"Committee 5. Panchayati Raj elections" +"Codes: A B C D" +"(a) 4312" +"(b) 4321" +"(c) 3421" +"(d) 3412" +"" +"114. The Governor of a state:" +"1. Possesses executive, legislative and judicial powers analogous to the" +"President." +"2. Has to act with the aid and advice of the council of ministers always." +"3. Has the power to appoint and remove the members of State Public" +"Service Commission." +" 4. Has the power to allocate business of the government among the" +"various ministers." +"Of the above, the correct statements are:" +"(a) 1 and 2" +"(b) 2, 3 and 4" +"(c) 1 and 4" +"(d) 1, 3 and 4" +"115. The Constitution says that the state council of ministers hold office during" +"the pleasure of the Governor. The words “during the pleasure of the" +"Governor” in reality means:" +"(a) Pleasure of the President" +"(b) Pleasure of the Prime Minister" +"(c) Pleasure of the Chief Minister" +"(d) Pleasure of the Legislative Assembly" +"116. The term “Cabinet” is mentioned in which of the following articles of the" +"Constitution?" +"(a) Article 74" +"(b) Article 75" +"(c) Article 352" +"(d) Not mentioned in the Constitution" +"117. Which of the following statements with regard to the CAG are correct?" +"1. He is responsible only to the Parliament." +"2. He certifies the net proceeds of any tax." +"3. He compiles and maintains the accounts of state governments." +"4. He has control over the issue of money from the Consolidated Fund of" +"India." +"(a) 2 and 4" +"(b) 1, 3 and 4" +"(c) 1, 2 and 3" +"(d) 2, 3 and 4" +"118. Which of the following statements are correct about the difference between" +"a censure motion and a no-confidence motion?" +"1. A censure motion should state the reasons for its adoption whereas a" +"no-confidence motion need not state the reasons for its adoption." +"2. A no-confidence motion can be moved only against the council of" +"ministers, whereas a censure motion can be moved against the council" +"of ministers or an individual minister or a group of ministers." +"3. The Government must resign if a noconfidence motion is passed," +"whereas the Government need not resign if a censure motion is passed." +"4. A censure motion can be moved in both, the Lok Sabha and the Rajya" +"Sabha, whereas no-confidence motion can be moved only in the Lok" +"Sabha." +"(a) 1, 3 and 4" +"(b) 2, 3 and 4" +"(c) 2, 3 and 4" +"(d) 1, 2 and 3" +" 119. The first Lokpal Bill was introduced in the Parliament in:" +"(a) 1971" +"(b) 1967" +"(c) 1968" +"(d) 1972" +"120. The Central Vigilance Commission was set up by:" +"(a) Constitutional provision" +"(b) Act of the Parliament" +"(c) Resolution of the Santhanam Committee" +"(d) Executive resolution" +"121. The functions of Estimates Committee include:" +"1. To suggest alternative policies in order to bring out efficiency and" +"economy in administration." +"2. To see that the expenditure conforms to the authority which governs it." +"3. To examine whether the money is well laid out within the limits of the" +"policy implied in the estimates." +"4. To suggest the form in which estimates shall be presented to the" +"Parliament." +"Of the above, the correct statements are:" +"(a) 1 and 2" +"(b) 1, 3 and 4" +"(c) 1, 2 and 4" +"(d) 1, 2, 3 and 4" +"122. The recommendations of Balwantray Mehta Committee includes:" +"1. Open participation of political parties in Panchayati Raj affairs." +"2. Genuine transfer of power and responsibility to the Panchayati Raj" +"institutions." +"3. Constitutional protection for Panchayati Raj." +"4. District Collector should be the Chairman of the Zila Parishad." +"5. Panchayat Samiti to be the executive body." +"(a) 1, 2 and 5" +"(b) 2, 4 and 5" +"(c) 2, 3 and 4" +"(d) 1, 3 and 4" +"123. Which of the following statements is incorrect?" +"(a) Adjournment means an interruption in normal business of the Assembly." +"(b) Prorogation means the end of the Assembly." +"(c) Dissolution means the end of the Assembly." +"(d) Proroagation means end of a session of the Assembly." +"124. Which of the following are the compulsory provisions of the 73rd" +"Amendment Act on Panchayati Raj?" +"1. Indirect elections of the chairpersons of Panchayats at the intermediate" +"and district levels." +"2. Fresh elections within six months in case of dissolution." +"3. Provision for reservation of seats for backward classes." +"4. Giving representation to MPs and MLAs in Panchayats." +" (a) 1, 3 and 4" +"(b) 2 and 4" +"(c) 1 and 2" +"(d) 2, 3 and 4" +"125. Consider the following statements about municipal corporations:" +"1. They are established in the states by the acts of the concerned state" +"legislatures." +"2. They are established in the union territories by an order of the Chief" +"Administrator." +"3. They work under direct control and supervision of state governments." +"4. Their deliberative functions are separated from the executive functions." +"Of the above, the correct statements are:" +"(a) 1 and 3" +"(b) 1, 3 and 4" +"(c) 1, 2 and 3" +"(d) 1, 2, 3 and 4" +"126. Which of the following is not correct about a cantonment board?" +"(a) It is created by an executive resolution." +"(b) It works under the administrative control of the Union Defence Ministry." +"(c) It is established for municipal administration for civilian population in the" +"cantonment area." +"(d) It is a statutory body." +"127. Under which of the following conditions, the UPSC can serve the needs of" +"a state?" +"1. When requested by the President" +"2. When requested by the Governor" +"3. With the approval of Parliament" +"4. With the approval of President" +"5. With the approval of the concerned sate legislature." +"(a) 1 and 3" +"(b) 2 and 5" +"(c) 2 and 4" +"(d) 1 and 5" +"" +"Assertion (A) and Reason (R) Pattern" +"Answer the following questions by using the codes given below:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"128. Assertion: A minister at the Central level can be dismissed by the Prime" +"Minister." +"Reason: A minister is appointed by President only on the advice of Prime" +"Minister." +" 129. Assertion: The Finance Commission facilitates the maintenance of financial" +"balance between the Union and the states in the Indian federal system." +"Reason: The Constitution of India has given more financial powers to the" +"Union Government." +"131. Assertion: The Governor is dejure head of state administration." +"Reason: The Chief Minister is de-facto head of state administration." +"132. Assertion: The Rajya Sabha has no power to vote on the demands-for-" +"grants." +"Reason: A money bill or finance bill dealing with taxation cannot be" +"introduced in the Rajya Sabha." +"" +"Matching Pattern" +"Match List-I with List-II and select the correct answer by using the codes given" +"below." +"133. List-I (Meaning of writs) List-II (Name" +"of writs)" +"A. It is a command issued by the court to a public official 1. Injunction" +"asking him to perform his official duties." +"B. It is issued by a higher court to a lower court when the 2. Mandamu" +"latter exceeds its jurisdiction. s" +"C. It is issued by the courts to enquire into the legality of 3. Certiorari" +"claim of a person to a public office." +"D. It is issued by the court asking a person do a thing or 4. Prohibitio" +"refrain from doing a thing n" +"5. Quo-" +"warranto" +"Codes: A B C D" +"(a) 3 4 5 1" +"(b) 5 3 4 2" +"(c) 2 4 5 1" +"(d) 4 5 2 3" +"134. List-I (Committees) List-II (Function)" +"A. Public Accounts 1. Examines whether the promises made by the" +"Committee ministers on the floor of the house have been" +"fulfilled." +"B. Committee on 2. Examines the CAG’s report on the" +"Subordinate appropriation accounts and ascertains" +"Legislation whether the funds voted by Parliament are" +"spent within the scope of the demand." +"C. Committee on 3. Examines whether the powers to make rules" +"Public and regulations delegated by the Parliament" +"Undertakings are properly exercised by the executive." +"D. Committee on 4. Examines the reports and accounts of the" +" Government public undertakings and finds out whether" +"Assurances. their affairs are being managed in accordance" +"with sound business principles and prudent" +"commercial practices." +"Codes: A B C D" +"(a) 4 3 1 2" +"(b) 2 3 4 1" +"(c) 1 4 3 2" +"(d) 2 4 1 3" +"135. List-I List-II" +"A. Token grant 1. It is granted for meeting an unexpected" +"demand whose details cannot be stated." +"B. Exceptional grant 2. It is voted by the Lok Sabha before the end of" +"the financial year." +"C. Vote of credit 3. It is voted by the Lok Sabha after the end of" +"the financial year." +"D. Excess grant 4. It forms no part of the current service of any" +"financial year." +"5. It is granted when funds to meet proposed" +"expenditure on a new service can be made" +"available by reappropriation." +"Codes: A B C D" +"(a) 4 3 5 2" +"(b) 5 4 1 3" +"(c) 3 4 2 1" +"(d) 5 3 1 4" +"136. List-I (Schedules in the List-II (Provisions)" +"Constitution)" +"A. Sixth Schedule 1. Administration and control of scheduled" +"areas and scheduled tribes." +"B. Second Schedule 2. Administration of tribal areas in states of" +"Assam, Meghalya, Tripura and Mizoram." +"C. Twelfth Schedule 3. Provisions as to the Speaker and Deputy" +"Speaker of state Legislative Assemblies." +"D. Fifth Schedule 4. Powers, authority and responsibilities of" +"municipalities." +"5. Powers, authority and responsibilities of" +"Panchayats." +"Codes: A B C D" +"(a) 1 3 4 2" +"(b) 1 2 5 3" +" (c) 2 3 4 1" +"(d) 2 3 5 1" +"" +"137. The most important Legislative power of the Governor is:" +"(a) Nominating members to the state legislature." +"(b) Issuing ordinances" +"(c) Assenting bills passed by the state legislature" +"(d) Dissolving the state legislative Assembly" +"138. Assertion: The Chief Minister is the channel of communication between the" +"Governor and the council of ministers. Reason: The Chief Minister is the" +"head of the state council of ministers." +"Select the correct code:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"139. Which of the following are the voluntary provisions of the 73rd Amendment" +"Act on Panchayati Raj?" +"1. Making provision for reservation to the backward classes." +"2. Authorising the Panchayats to prepare plans for economic development." +"3. Organisation of Gram Sabhas." +"4. Conferring financial powers on Pan-chayats with regard to taxes, fees" +"and so on." +"5. Setting up of a State Election Commission to conduct elections to the" +"Panchayats." +"(a) 1, 2, 3 and 4" +"(b) 1, 2 and 5" +"(c) 1, 2 and 4" +"(d) 1, 2, 4 and 5" +"140. Assertion: The UPSC’s function is not to decide but to advise." +"Reason: UPSC is a constitutional body Select the correct code:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"141. Which of the following are true of the Central Administrative Tribunal?" +"1. It was established under the provisions of Article 312-A of the" +"Constitution." +"2. It was set up by an order of the President of India." +"3. It was set up in 1985" +"4. It was set up by an Act of Parliament." +"(a) 1, 2 and 3" +"(b) 1, 3 and 4" +"(c) 3 and 4" +"(d) 2, 3 and 4" +" 142. If any question arises as to the age of a judge of a High Court, the question" +"shall be decided by the President after consultation with:" +"(a) The Chief Justice of the concerned High Court" +"(b) The Governor of the concerned state" +"(c) The Attorney-General of India" +"(d) The Chief Justice of India" +"143. The need for a separate parliamentary committee on public undertakings" +"was first visualised by:" +"(a) Ashok Mehta" +"(b) G.V. Mavalankar" +"(c) Lanka Sundaram" +"(d) Krishna Menon Committee" +"144. Assertion: Parliamentary control over public expenditure is diminished by" +"the creation of the Contingency Fund of India. Reason: The Contingency" +"Fund of India is operated by the President of India. Select the correct code:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"145. Which of the following pairs are incorrectly matched?" +"1. Vote on — To allow enough time for legislative scrutiny and" +"account discussion of the budget." +"2. Charged — Not submitted to the Parliament." +"items" +"3. Vote of — Blanck cheque given to the executive." +"credit" +"4. Excess — Submitted directly to the Lok Sabha for its approval" +"grant" +"(a) 1 and 3" +"(b) 1, 2 and 4" +"(c) 2 and 4" +"(d) 3 and 4" +"146. Which of the following expenditures are charged on the Consolidated Fund" +"of India?" +"1. Salaries of the Supreme Court judges" +"2. Pensions of the Chairman of UPSC" +"3. Debt charges for which the Government of India is liable" +"4. Emoluments and allowances of the Prime Minister" +"(a) 1, 2 and 3" +"(b) 1, 2, 3 and 4" +"(c) 1, 3 and 4" +"(d) 1, 2 and 4" +"147. Which of the following are the functions of the Public Accounts Committee" +"of Parliament?" +" 1. To examine, in the light of CAG’s report, the accounts showing the" +"appropriation of sums granted by the Parliament." +"2. To examine, in the light of CAG’s report, the statement of accounts of" +"state corporations, trading and manufacturing projects except of those" +"as are allotted to the committee on public undertakings." +"3. To examine the statement of accounts of autonomous and semi-" +"autonomous bodies, the audit of which is conducted by the CAG." +"4. To examine if any money has been spent on any service during a" +"financial year in excess of the amount granted by house of people for" +"that purpose." +"(a) 1, 2 and 4" +"(b) 1, 2, 3 and 4" +"(c) 1, 2 and 3" +"(d) 1, 3 and 4" +"148. Assertion: The device of Adjournment Motion is not used by the Rajya" +"Sabha. Reason: An Adjournment Motion does not result in removing the" +"Government from office." +"Select the correct code:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not the correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"149. Which of the following are true of Central Vigilance Commission?" +"1. It was set up in 1964." +"2. It is a statutory body." +"3. Its functions are advisory in the same sense as those of UPSC." +"4. Its mode of receiving complaints is similar to that of the Parliamentary" +"Commissioner for Administration in UK." +"(a) 1, 2, 3 and 4" +"(b) 1, 3 and 4" +"(c) 1, 2 and 3" +"(d) 1 and 3" +"150. Which of the following statements related to UPSC are correct?" +"1. It derives its functions only from the Constitution." +"2. It is not consulted on matters related to the reservation of posts for the" +"BCs, SCs and STs." +"3. The President can exclude posts, services and matters from the purview" +"of consultation with UPSC." +"4. The President can place the personnel system of any local authority," +"corporate body or public institution within the jurisdiction of UPSC." +"(a) 2 and 3" +"(b) 1, 2 and 3" +"(c) 2, 3 and 4" +"(d) 1, 2 and 4" +"151. The executive officer of the cantonment board is appointed by the:" +"(a) President of the board" +" (b) Defence Secretary" +"(c) Chief Secretary of the state" +"(d) President of India" +"152. The correct statements about municipalities include:" +"1. They are known by various other names in different states." +"2. They are controlled by the state governments." +"3. Vesting of the executive authority in the Chairman." +"4. They are statutory bodies." +"(a) 1, 2 and 4" +"(b) 1, 2, 3 and 4" +"(c) 1 and 2" +"(d) 1, 2 and 3" +"153. Who/which of the following can abolish a State Legislative Council." +"(a) Parliament" +"(b) President" +"(c) Governor" +"(d) State Assembly" +"154. In which of the following recommendations, the Ashok Mehta Committee" +"differed from Balwantray Mehta Committee?" +"1. Two-tier system of Panchayati Raj." +"2. Official participation of politicalparties at all levels of Panchayat" +"elections." +"3. Zila Parishad as the executive body." +"4. Entrusting development functions to the Zila Parishad." +"(a) 1, 2 and 4" +"(b) 1, 2 and 3" +"(c) 1 and 2" +"(d) 1, 3 and 4" +"155. Under which of the following circumstances, the Governor can reserve a" +"state bill for the consideration of the President?" +"1. If it is ultra vires." +"2. If it is opposed to the Directive Principles of State Policy." +"3. If it endangers the position of the state High Court." +"4. If it is dealing with the compulsory acquisition of property under Article" +"31A." +"(a) 1, 2 and 3" +"(b) 1, 2, 3 and 4" +"(c) 2, 3 and 4" +"(d) 1, 3 and 4" +"156. Which of the following expenditures are “charged” on the Consolidated" +"Fund of India?" +"1. Salaries and allowances of Chairman of Council of States." +"2. Salaries and allowances of Comptroller and Auditor-General." +"3. Any sum required to satisfy any judgement of any arbitral tribunal." +"4. Salaries and allowances of Deputy Speaker." +"(a) 2 and 3" +" (b) 1, 2 and 3" +"(c) 1, 2, 3 and 4" +"(d) 2 and 4" +"157. Which of the following must be approved by the Public Accounts" +"Committee before being submitted to the Lok Sabha for voting?" +"(a) Additional grant" +"(b) Exceptional grant" +"(c) Token grant" +"(d) Excess grant" +"158. Which of the following is not involved in the preparation of budget?" +"(a) Finance Ministry" +"(b) NITI Aayog" +"(c) Comptroller and Auditor-General" +"(d) Finance Commission" +"159. Which of the following categories of bills require prior consent of the" +"President before their introduction?" +"1. Bills to reorganise states." +"2. Bills affecting taxes in which the states are interested." +"3. State bills imposing restrictions on freedom of trade." +"4. Bills involving expenditure from the Consolidated Fund of India." +"(a) 1, 2 and 4" +"(b) 1, 2, 3 and 4" +"(c) 2, 3, and 4" +"(d) 1, 2, 3" +"160. The Inter-State Council consists of" +"1. Prime Minister" +"2. Chief Ministers of all states" +"3. Chief Ministers of union territories with legislatures" +"4. Eight Union Cabinet Ministers" +"5. Administrators of union territories with legislatures" +"(a) 1, 2, 3, 4 and 5" +"(b) 1, 2, 3 and 4" +"(c) 1, 2 and 3" +"(d) 1, 2, 3 and 5" +"161. Which of the following Cabinet Committees is not chaired by the Prime" +"Minister?" +"(a) Political Affairs Committee" +"(b) Appointments Committee" +"(c) Committee on Parliamentary Affairs" +"(d) Economic Affairs Committee" +"162. On which of the following items, the Finance Commission makes" +"recommendations to the President?" +"1. The distribution between the Union and the states of the net proceeds of" +"taxes and the allocation between the states of the respective shares of" +"such proceeds." +" 2. The principles which should govern the grants-in-aid of the revenues of" +"the states out of the Consolidated Fund of India." +"3. The measures needed to augment the Consolidated Fund of a state to" +"supplement the resources of the municipalities in the state on the basis" +"of the recommendations made by the Finance Commission of the state." +"4. Any other matter referred to it by the President in the interests of sound" +"finance." +"(a) 1, 2 and 4" +"(b) 1, 2, 3 and 4" +"(c) 1 and 2" +"(d) 1, 2 and 3" +"163. Fundamental Duties were incorporated in the Constitution on the" +"recommendation of:" +"(a) Shah Commission" +"(b) Administrative Reforms Commission" +"(c) Santhanam Committee" +"(d) Swaran Singh Committee" +"" +"Assertion (A) and Reason (R) Pattern" +"Answer the following questions by using the codes given below." +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true" +"164. Assertion: The President of India can be impeached for the violation of the" +"Constitution." +"Reason: The Constitution lays down the procedure for impeachment of the" +"President." +"165. Assertion: The 73rd Amendment Act is a significant landmark in the" +"evolution of grassroots democratic institutions in the country." +"Reason: The Act has brought the Pan-chayati Raj institutions under the" +"purview of justiciable part of the the Constitution." +"166. Consider the following statements about the Governor:" +"1. He submits his resignation letter to the Chief Justice of the state." +"2. He should have completed 35 years of age." +"3. His emoluments, allowances and privileges are determined by the" +"President." +"4. No criminal proceedings can be instituted against him." +"Of the above, the incorrect statements are:" +"(a) 1 and 3" +"(b) 2, 3 and 4" +"(c) 1, 3 and 4" +"(d) 2 and 4" +"167. How many members are nominated to the State Legislative Council by the" +"Governor?" +" (a) One-third" +"(b) One-twelfth" +"(c) One-eighth" +"(d) One-sixth" +"168. Assertion: A minister at the state level continues in office till he enjoys the" +"confidence of the Chief Minister." +"Reason: The Chief Minister can ask him to resign or advise the Governor to" +"dismiss him in case of difference of opinion. Select the correct code:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"169. Which of the following are true of the recommendations of Ashok Mehta" +"Committee on Panchayati Raj?" +"1. Creation of Mandal Panchayat covering a population of 10,000 to" +"15,000." +"2. The state legislature to have a committee on Panchayati Raj to look" +"after the needs of weaker sections." +"3. If Panchayati Raj institutions are superseded, elections must be held" +"within one year." +"4. Nyaya Panchayats should be presided over by the village development" +"officer." +"(a) 1, 2 and 4" +"(b) 2 and 4" +"(c) 1, 2 and 3" +"(d) only 2" +"170. Which of the following are true of the provisions of the 74th Amendment Act" +"on municipalities?" +"1. Wards Committees, for wards with population of two lakhs." +"2. The state Governor may authorise them to levy, collect and appropriate" +"taxes." +"3. A Municipal council for smaller Urban area." +"4. The Twelfth Schedule contains 20 functional items for the municipalities." +"(a) 1, 3 and 4" +"(b) 1, 2 and 4" +"(c) 3 only" +"(d) 3 and 4" +"171. Assertion: The number of members of UPSC is determined by the" +"President. Reason: The members of the UPSC are appointed by the" +"President." +"Select the correct code:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true and R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +" 172. Assertion: The members of All-India Services work in the Central" +"Government, state governments and union territories." +"Reason: They are selected and recruited on the basis of all-India" +"competitive examinations conducted by the UPSC." +"Select the correct code:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"173. Assertion: The principle of the rule of lapse leads to “rush of expenditure”" +"towards the end of a financial year." +"Reason: The unspent voted expenditure would lapse by the end of the" +"financial year." +"Select the correct code:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"174. Match the following:" +"List-I (Parliamentary committees) List-II (Created in)" +"A. Committee on Government Assurances 1. 1923" +"B. Committee on Public Undertakings 2. 1953" +"C. Committee on Subordinate Legislation 3. 1921" +"D. Public Accounts Committee 4. 1953" +"5. 1964" +"Codes: A B C D" +"(a) 4 5 1 3" +"(b) 2 5 4 1" +"(c) 4 5 2 1" +"(d) 2 5 4 3" +"175. Which of the following are true of Central Vigilance Commission?" +"1. It was set up on the recommendation of Santhanam Committee." +"2. It does not exercise superintendence over the functioning of CBI." +"3. It is set up by an executive resolution of the Government of India." +"4. It consists of a chairman and three members." +"(a) 1, 2 and 4" +"(b) 1, 3 and 4" +"(c) 1 and 3" +"(d) 1 and 4" +"176. Which of the following will be the consequences of declaration of national" +"emergency by the President?" +"1. The President can issue directives to the state executives." +"2. The President can extend the normal tenure of the Lok Sabha." +"3. The President can suspend all the Fundamental Rights of citizens." +" 4. The President can modify the distribution pattern of financial resources" +"between Centre and states." +"(a) 1, 3 and 4" +"(b) 1and 4" +"(c) 1, 2, 3 and 4" +"(d) 1, 2 and 3" +"177. Which one of the following pairs is correctly matched?" +"(a) 1919 Act - Dyarchy at the Centre" +"(b) 1861 Act - Portfolio system" +"(c) 1935 Act - Bicameralism" +"(d) 1853 Act - Governor-General of India" +"178. Which of the following are true of the President’s ordinance making power?" +"1. It is laid down in Article 123." +"2. Its ambit is coextensive with the legislative power of Parliament." +"3. He can promulgate an ordinance only when the Lok Sabha is not in" +"session." +"4. It is a discretionary power of the President." +"(a) 1, 2, 3 and 4" +"(b) 1, 2 and 4" +"(c) 1 and 2" +"(d) 1, 2, and 3" +"179. Which of the following are the limitations on the sovereignty of Indian" +"Parliament?" +"1. Fundamental Rights" +"2. Judicial Review" +"3. Federalism" +"4. Written Constitution" +"(a) 1, 3 and 4" +"(b) 1, 2 and 3" +"(c) 1 and 2" +"(d) 1, 2, 3 and 4" +"180. Assertion: Under the Government of India Act of 1935, the Residuary" +"powers were vested in the Central Legislature. Reason: The Government of" +"India Act of 1935 divided the subjects into three lists viz. the federal," +"provincial and concurrent. Select the correct code:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"181. Which of the following are the federal features of the Indian Constitution?" +"1. Rigid Constitution" +"2. Bicameral legislature" +"3. Office of the CAG" +"4. Collective responsibility" +"5. Office of the Governor" +"(a) 1, 2 and 3" +" (b) 1, 2 and 5" +"(c) 1, 2, 3 and 4" +"(d) 1 and 2" +"182. Assertion: The President of India determines the qualifications of the" +"Chairman and members of the Finance Commisson. Reason: The" +"Chairman and members of the Finance Commission are appointed by the" +"President of India." +"Select the correct code:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"183. The correct statements about Finance Commission are:" +"1. It is to act as the balancing wheel of Indian fiscal federalism" +"2. It consists of a chairman and three other members." +"3. Qualifications of the members of the Commission are determined by the" +"President." +"4. It is constituted under the provisions of Article 280." +"(a) 2, 3 and 4" +"(b) 2 and 3" +"(c) 1 and 4" +"(d) 1, 2 and 3" +"184. The Indian President’s veto power is a combination of:" +"1. Pocket veto" +"2. Absolute veto" +"3. Suspensive veto" +"4. Qualified veto" +"(a) 2 and 3" +"(b) 1, 3 and 4" +"(c) 2, 3 and 4" +"(d) 1, 2 and 3" +"185. The present relationship between the President and the council of ministers" +"is governed by the provisions of:" +"(a) 42nd Amendment Act" +"(b) 48th Amendment Act" +"(c) 54th Amendment Act" +"(d) 44th Amendment Act" +"186. The Zonal Councils have been established by:" +"(a) Article 263 of the Constitution" +"(b) States reorganisation Act" +"(c) Zonal Councils Act" +"(d) An order of the President of India" +"187. Which of the following statements are correct?" +"1. Parliament can increase a tax." +"2. Parliament cannot reduce a tax." +"3. Parliament can abolish a tax." +" 4. Parliament cannot increase a tax." +"5. Parliament can reduce a tax." +"(a) 1, 3 and 5" +"(b) 3, 4 and 5" +"(c) 2, 3 and 4" +"(d) 3 and 4" +"188. Which of the following statements are correct with regard to the" +"expenditure charged upon the Consolidated Fund of India?" +"1. It is subject to the vote of Parliament." +"2. It is subject to the discussion in Parliament." +"3. It is subject to the vote of Lok Sabha only." +"4. It is not subject to the vote of Parliament." +"(a) 1 and 2" +"(b) 2 and 3" +"(c) 2 and 4" +"(d) 1 and 4" +"189. The correct statements regarding the difference between the pardoning" +"powers of President and Governor are:" +"1. The Governor can pardon sentences inflicted by court martial while the" +"President cannot." +"2. The President can pardon death sentence while Governor cannot." +"3. The Governor can pardon death sentence while the President cannot." +"4. The President can pardon sentences inflicted by court martial while the" +"Governor cannot." +"(a) 1 and 2" +"(b) 2 and 4" +"(c) 1 and 3" +"(d) 3 and 4" +"190. Which of the following statements are correct regarding the powers of a" +"Governor to reserve a bill for the consideration of the President?" +"1. It is laid down in Article 200." +"2. It is not a discretionary power of the Governor." +"3. It is compulsory, if the bill endangers the position of High Court." +"4. He can reserve any bill passed by the state legislature." +"(a) 1, 2 and 3" +"(b) 3 and 4" +"(c) 1 and 3" +"(d) 2, 3 and 4" +"191. The incorrect statements about Central Vigilance Commission are:" +"1. It was set up on the recommendations of Administrative Reforms" +"Commission." +"2. It is headed by the Central Vigilance Commissioner appointed by the" +"Prime Minister." +"3. Its functions, in certain cases, overlap with the functions of the UPSC." +"4. It is certainly a substitute for an Ombudsman." +"5. It receives complaints directly from aggrieved persons." +" (a) 1, 4 and 5" +"(b) 1, 2 and 4" +"(c) 3 and 4" +"(d) 3, 4 and 5" +"192. Which of the following civil services find mention in the Constitution?" +"1. Indian Administrative Service" +"2. Indian Forest Service" +"3. Indian Police Service" +"4. All-India Judicial Service" +"5. Indian Foreign Service" +"(a) 1 and 3" +"(b) 1, 2 and 3" +"(c) 1, 3 and 5" +"(d) 1, 3 and 4" +"193. In which of the following circumstances the President can remove a" +"member of the UPSC without referring the matter to the Supreme Court?" +"1. If he engages, during his term of office, in any paid employment outside" +"the duties of his office." +"2. If he is adjudged an insolvent." +"3. If he is unfit to continue in office by reason of infirmity of mind or body." +"4. If he becomes, in any way, concerned or interested in any contract or" +"agreement made by or on behalf of the Government of India or the" +"government of a state." +"(a) 2 and 3" +"(b) 4 only" +"(c) 1 only" +"(d) 1, 2 and 3" +"194. Which of the following are not the concerns of the UPSC?" +"1. Classification of services" +"2. Promotion" +"3. Training" +"4. Disciplinary matters" +"5. Talent hunting" +"(a) 2, 4 and 5" +"(b) 1, 3 and 4" +"(c) 1 and 3" +"(d) 1 and 4" +"" +"Matching Pattern" +"Match List-I with List-II and select the correct answer by using the codes given" +"below the respective lists." +"195. List-I (Acts) List-II (Provisions)" +"A. Indian Councils Act 1. Introduced Dyarchy" +"of 1861. 2. Placed Indian affairs under the direct control" +"of the British Government." +" B. Government of 3. Introduced representative institutions." +"India Act of 1919 4. Introduced provincial autonomy." +"C. Indian Councils Act 5. Introduced the principle of election." +"of 1892" +"D. Pitts India Act of" +"1784" +"Codes: A B C D" +"(a) 4 3 1 2" +"(b) 4 3 2 1" +"(c) 3 4 2 1" +"(d) 3 4 1 2" +"" +"" +"Assertion (A) and Reason (R) Pattern" +"Answer the following questions by using the codes given below:" +"(a) Both A and R are true and R is the correct explanation of A." +"(b) Both A and R are true but R is not a correct explanation of A." +"(c) A is true but R is false." +"(d) A is false but R is true." +"196. Assertion: NITI Aayog is neither a statutory body nor a constitutional body." +"Reason: It is established by an executive resolution of the Union Cabinet." +"197. Assertion: The Constitution of India in quasi-federal." +"Reason: It has given more powers to the Central Government than to the" +"state governments." +"198. Assertion: The Chief Minister can dismiss a minister of state government." +"Reason: The Chief Minister is the head of the state council of ministers." +"199. Which of the following are correct with regard to the functions of the" +"UPSC?" +"1. To conduct examinations for appointments to the services of the Union." +"2. To assist states, if requested, in framing and operating schemes of joint" +"recruitment for any services for which candidates possessing special" +"qualifications are required." +"3. To advise the Union and state governments on all matters relating to" +"methods of recruitment to civil services and for civil posts." +"4. To present, annually, to the President a report as to the work done by it." +"(a) 1, 2 and 3" +"(b) 1, 3 and 4" +"(c) 1, 2 and 4" +"(d) 1, 2, 3 and 4" +"200. Which of the following writs is not specifically provided in the Constitution of" +"India?" +"(a) Prohibition" +"(b) Mandamus" +"(c) Quowarranto" +"(d) Injunction" +" Answers" +"1. c 2. b 3. d 4. b 5. d 6. d 7. b 8. d 9. a 10. b" +"11. d 12. c 13. d 14. a 15. d 16. c 17. c 18. c 19. b 20. a" +"21. c 22. b 23. d 24. c 25. c 26. d 27. c 28. d 29. c 30. b" +"31. c 32. d 33. a 34. c 35. a 36. a 37. c 38. d 39. d 40. d" +"41. b 42. d 43. d 44. d 45. b 46. c 47. b 48. d 49. b 50. d" +"51. d 52. c 53. c 54. d 55. d 56. c 57. c 58. c 59. c 60. d" +"61. b 62. d 63. c 64. c 65. c 66. b 67. c 68. d 69. d 70. b" +"71. a 72. d 73. b 74. b 75. d 76. b 77. b 78. d 79. c 80. d" +"81. d 82. c 83. b 84. c 85. a 86. a 87. a 88. b 89. b 90. c" +"91. d 92. d 93. d 94. d 95. c 96. d 97. d 98. d 99. c 100. b" +"101. a 102. c 103. c 104. d 105. d 106. a 107. b 108. c 109. a 110. a" +"111. d 112. c 113. c 114. c 115. d 116. c 117. c 118. d 119. c 120. d" +"121. b 122. b 123. b 124. c 125. b 126. a 127. c 128. d 129. a 130. b" +"131. a 132. b 133. c 134. b 135. b 136. c 137. b 138. a 139. c 140. b" +"141. c 142. d 143. c 144. d 145. c 146. a 147. b 148. b 149. c 150. a" +"151. d 152. b 153. a 154. b 155. b 156. a 157. d 158. d 159. b 160. c" +"161. c 162. b 163. d 164. b 165. a 166. a 167. d 168. a 169. d 170. c" +"171. b 172. b 173. a 174. d 175. c 176. b 177. b 178. c 179. d 180. d" +"181. d 182. d 183. c 184. d 185. d 186. b 187. b 188. c 189. b 190. c" +"191. b 192. d 193. d 194. c 195. d 196. a 197. a 198. d 199. c 200. d" +" Appendix IX UPSC Questions on Indian" +"Polity (General Studies— Mains 2010–" +"2019)" +" 2010 TEST PAPER" +"1. Answer the following (in about 250 words): 20" +"(a) “Disputes between the riparian states on sharing of river" +"waters in postIndependence India are becoming" +"increasingly complex.” Objectively analyse the major" +"disputes in this connection, with special reference to the" +"Southern States." +"2. Answer the following (in about 150 words): 12" +"(a) With respect to Cooperative Societies what are the" +"salient features of the 106th and 111th Constitutional" +"Amendment Bills as at present?" +"3. Answer the following (in about 150 words): 12" +"(a) What are the grounds of disqualification of a Member of" +"Parliament from either House? Quote relevant provisions" +"in your answer." +"4. Write brief but precise note on the following. Your answer" +"should not exceed 50 words. 5" +"(a) Legislative powers assigned to the Rajya Sabha under" +"Art. 249 and Art. 312 of the Constitution." +"5. Answer the following (in about 150 words): 12" +"(a) Bring out the powers and responsibilities attached to the" +"office of the Speaker of the Lok Sabha." +"6. Answer the following, briefly but precisely. Answer should be" +"less than 50 words. 5" +"(a) How is disagreement between the Legislative Council" +"and the Legislative Assembly of a State in passing of an" +"ordinary Bill, resolved?" +" 2011 TEST PAPER" +"1. Answer the following (in about 250 words each): 20 ⨯ 3 =" +"60" +"(a) “Essentially all that is contained in Part IV - A of the" +"Constitution is just a codification of tasks integral to the" +"Indian way of life’. Critically examine this statement." +"(b) “The exercise of executive clemency is not a privilege but" +"is based on several principles, and discretion has to be" +"exercised in public considerations.” Analyse this" +"statement in the context of the judicial powers of the" +"President of India." +"(c) Bring out the salient features of the PCPNDT Act, 1994," +"and the implications of its amendment in 2003." +"2. Comment on the following (in about 150 words each): 12" +"⨯ 3 = 36" +"(a) Deendayal Disabled Rehabilitation Scheme (DDRS)." +"(b) Evolution of “Green Benches” in our higher judiciary." +"(c) Distinction between “Department Related Parliamentary" +"Standing Committees” and “Parliamentary Forums’." +"3. Comment on the following in NOT more than 50 words" +"each: 5 ⨯ 2 = 10" +"(b) The Bihar Special Courts Act, 2009 and why it has been" +"in the news recently?" +"4. Comment on the following in not more than 50 words: 5" +"(a) E-governance initiatives by the Union Public Service" +"Commission (UPSC)." +" 2012 TEST PAPER" +"" +"1. Answer the following (in about 150 words each): 15 ⨯ 2 =" +"30" +"(a) The Union Cabinet recently cleared the proposal to" +"rename and amend the Child Labour (Prohibition and" +"Regulation) Act, 1986. What are the salient features of" +"the proposed amendments?" +"(b) What are the salient features of the Consumer Protection" +"(Amendment) Bill, 2011 introduced in the Lok Sabha in" +"December 2011?" +"2. Answer the following (in about 50 words each): 5 ⨯ 3 = 15" +"(a) What is the “Parivarik Mahila Lok Adalat’?" +"(b) What are the Rights within the ambit of Article 21 of the" +"Indian Constitution?" +"(c) Comment on the significance of the Preamble contained" +"in the Right to Information Act." +"3. Comment on the following (in about 20 words): 2" +"(a) Determining the “value” assigned to the vote of a" +"Member of a State Legislative Assembly and of a" +"Member of Parliament in the Indian Presidential" +"elections." +" 2013 TEST PAPER" +"" +"1. The role of individual MPs (Members of Parliament) has" +"diminished over the years and as a result healthy" +"constructive" +"2. Discuss Section 66A of IT Act, with reference to its alleged" +"violation of Article 19 of the Constitution. [200 words] 10" +"3. Recent directives from Ministry of Petroleum and Natural" +"Gas are perceived by the ‘Nagas’ as a threat to override the" +"exceptional status enjoyed by the State. Discuss in light of" +"Article 371A of the Indian Constitution." +"[200 words] 10" +"4. “The Supreme Court of India keeps a check on arbitrary" +"power of the Parliament in amending the Constitution.”" +"Discuss critically." +"[200 words] 10" +"5. Many State Governments further bifurcate geographical" +"administrative areas like Districts and Talukas for better" +"governance. In light of the above, can it also be justified that" +"more number of smaller States would bring in effective" +"governance at State level? Discuss." +"[200 words] 10" +"6. Constitutional mechanisms to resolve the inter-state water" +"disputes have failed to address and solve the problems. Is" +"the failure due to structural or process inadequacy or both?" +"Discuss." +"[200 words] 10" +"7. Discuss the recommendations of the 13th Finance" +"Commission which have been a departure from the previous" +"commissions for strengthening the local government" +"finances." +"[200 words] 10" +"8. Pressure group politics is sometimes seen as the informal" +"face of politics. With regards to the above, assess the" +" structure and functioning of pressure groups in India." +"[200 words] 10" +"9. “A national Lokpal, however strong it may be, cannot resolve" +"the problems of immorality in public affairs.” Discuss." +"[200 words] 10" +"10. What is meant by Gujral doctrine? Does it have any" +"relevance today? Discuss." +"[200 words] 10" +" 2014 TEST PAPER" +"" +"1. Starting from inventing the “basic structure” doctrine, the" +"judiciary has played a highly proactive role in ensuring that" +"India develops into a thriving democracy. In light of the" +"statement, evaluate the role played by judicial activism in" +"achieving the ideals of democracy." +"[200 words] 12Vz" +"2. Though the federal principle is dominant in our Constitution" +"and that principle is one of its basic features, but it is equally" +"true that federalism under the Indian Constitution leans in" +"favour of a strong Centre, a feature that militates against the" +"concept of strong federalism. Discuss." +"[200 words] 12Vz" +"3. The “Powers, Privileges and Immunities of Parliament and its" +"Members” as envisaged in Article 105 of the Constitution" +"leave room for a large number of un-codified and un-" +"enumerated privileges to continue. Assess the reasons for" +"the absence of legal codification of the “parliamentary" +"privileges’. How can this problem be addressed?" +"[200 words] 12V2" +"4. What do you understand by the concept “freedom of speech" +"and expression’? Does it cover hate speech also? Why do" +"the films in India stand on a slightly different plane from other" +"forms of expression? Discuss." +"[200 words] 12V2" +"5. Instances of President’s delay in commuting death sentences" +"has come under public debate as denial of justice. Should" +"there be a time limit specified for the President to" +"accept/reject such petitions? Analyse." +"[200 words] 12V2" +"6. The size of the cabinet should be as big as governmental" +"work justifies and as big as the Prime Minister can manage" +" as a team. How far is the efficacy of a government then" +"inversely related to the size of the cabinet? Discuss." +"[200 words] 12V2" +"7. National Human Rights Commission (NHRC) in India can be" +"most effective when its tasks are adequately supported by" +"other mechanisms that ensure the accountability of a" +"government. In light of the above observation assess the role" +"of NHRC as an effective complement to the judiciary and" +"other institutions in promoting and protecting humans rights" +"standards." +"[200 words] 12V2" +" 2015 TEST PAPER" +"" +"1. Discuss the possible factors that inhibit India from enacting" +"for its citizens a uniform civil code as provided for in the" +"Directive Principles of State Policy." +"[200 words] 12V2" +"2. The concept of cooperative federalism has been increasingly" +"emphasized in recent years. Highlight the drawbacks in the" +"existing structure and the extent to which cooperative" +"federalism would answer the shortcomings." +"[200 words] 12V2" +"3. In absence of a well-educated and organized local level" +"government-system, ‘Panchayats’ and ‘Samitis’ have" +"remained mainly political institutions and not effective" +"instruments of governance. Critically discuss." +"[200 words] 12V2" +"4. Khap Panchayats have been in the news for functioning as" +"extra-constitutional authorities, often delivering" +"pronouncements amounting to human rights violations." +"Discuss critically the actions taken by the legislative," +"executive and the judiciary to set the things right in this" +"regard." +"[200 words] 12V2" +"5. Resorting to ordinances has always raised concern on" +"violation of the spirit of separation of powers doctrine. While" +"noting the rationales justifying the power to promulgate" +"ordinances, analyze whether the decisions of the Supreme" +"Court on the issue have further facilitated resorting to this" +"power. Should the power to promulgate ordinances be" +"repealed?" +"[200 words] 12V2" +"6. What are the major changes brought in the Arbitration and" +"Conciliation Act," +" 7. Does the right to clean environment entail legal regulations" +"on burning crackers during Diwali? Discuss in the light of" +"Article 21 of the Indian Constitution and Judgement(s) of the" +"Apex Court in this regard." +"[200 words] 12½" +"8. ""If amendment bill to the Whistleblowers Act, 2011 tabled in" +"the Parliament is passed, there may be no one left to" +"protect."" Critically evaluate." +"[200 words] 12½" +" 2016 TEST PAPER" +"" +"1. Discuss the essentials of the 69th Constitutional Amendment" +"Act and anomalies, if any, that have led to recent reported" +"conflicts between the elected representatives and the" +"institution of the Lieutenant Governor in the administration of" +"Delhi. Do you think that this will give rise to a new trend in the" +"functioning of the Indian federal politics?" +"[200 words] 12½" +"2. To what extent is Article 370 of the Indian Constitution," +"bearing marginal note “temporary provision with respect to" +"the State of Jammu and Kashmir”, temporary? Discuss the" +"future prospects of this provision in the context of Indian" +"polity." +"[200 words] 12½" +"3. “The Indian party system is passing through a phase of" +"transition which looks to be full of contradictions and" +"paradoxes.” Discuss." +"[200 words] 12½" +"4. Exercise of CAG’s powers in relation to the accounts of the" +"Union and the States is derived from Article 149 of the Indian" +"Constitution. Discuss whether audit of the Government’s" +"policy implementation could amount to overstepping its own" +"(CAG) jurisdiction." +"[200 words] 12½" +"5. Discuss each adjective attached to the word “Republic” in the" +"“Preamble’. Are they defendable in the present" +"circumstances?" +"[200 words] 12½" +"6. What was held in the Coelho case? In this context, can you" +"say that judicial review is of key importance amongst the" +"basic features of the Constitution?" +"[200 words] 12½" +" 7. Did the Government of India Act, 1935 lay down a federal" +"constitution? Discuss." +"[200 words] 12½" +"8. What is quasi-judicial body? Explain with the help of concrete" +"examples." +"[200 words] 12½" +"9. Evaluate the economic the strategic dimensions of India’s" +"Look East policy in the context of the post Cold War" +"international scenario." +"[200 words] 12½" +" 2017 TEST PAPER" +"" +"1. “The local self-government system in India has not proved to" +"be effective instrument of governance”. Critically examine the" +"statement and give your views to improve the situation." +"[150 words] 10" +"2. Critically examine the Supreme Court’s judgement on" +"“National Judicial Appointments Commission Act, 2014” with" +"reference to appointment of judges of higher judiciary in" +"India." +"[150 words] 10" +"3. “Simultaneous election to the Lok Sabha and the State" +"Assemblies will limit the amount of time and money spent in" +"electioneering but it will reduce the government’s" +"accountability to the people” Discuss." +"[150 words] 10" +"4. How do pressure groups influence Indian political process?" +"Do you agree with this view that informal pressure groups" +"have emerged as powerful than formal pressure groups in" +"recent years?" +"[150 words] 10" +"5. Discuss the role of Public Accounts Committee in" +"establishing accountability of the government to the people." +"[150 words] 10" +"6. Explain the salient features of the Constitution (One Hundred" +"and First Amendment) Act, 2016. Do you think it is" +"efficacious enough “to remove cascading effect of taxes and" +"provide for" +"[250 words] 15" +"8. The Indian Constitution has provisions for holding joint" +"session of the two houses of the Parliament. Enumerate the" +"occasions when this would normally happen and also the" +"occasions when it cannot, with reasons thereof." +" [250 words] 15" +"9. To enhance the quality of democracy in India the Election" +"Commission of India has proposed electoral reforms in 2016." +"What are the suggested reforms and how far are they" +"significant to make democracy successful?" +"[250 words] 15" +" 2018 TEST PAPER" +"" +"1. In the light of recent controversy regarding the use of" +"Electronic Voting Machines (EVM), what are the challenges" +"before the Election Commission of India to ensure the" +"trustworthiness of elections in India?" +"[150 words] 10" +"2. Whether National Commission for Scheduled Castes" +"(NCSCJ) can enforce the implementation of constitutional" +"reservation for the Scheduled Castes in the religious minority" +"institutions? Examine." +"[150 words] 10" +"3. Under what circumstances can the Financial Emergency be" +"proclaimed by the President of India? What consequences" +"follow when such a declaration remains in force?" +"[150 words] 10" +"4. Why do you think the committees are considered to be useful" +"for parliamentary work? Discuss, in this context, the role or" +"the Estimates Committee." +"[150 words] 10" +"5. “The Comptroller and Auditor General (CAG) has a very vital" +"role to play.” Explain how this is reflected in the method and" +"terms of his appointment as well as the range of powers he" +"can exercise." +"[150 words] 10" +"6. Whether the Supreme Court Judgement (July 2018) can" +"settle the political tussle between the Lt. Governor and" +"elected government of Delhi? Examine." +"[250 words] 15" +"7. How far do you agree with the view that tribunals curtail the" +"jurisdiction of ordinary courts? In view of the above, discuss" +"the constitutional validity and competency of the tribunals in" +"India." +" [250 words] 15" +"8. How is the Finance Commission of India constituted? What" +"do you about the terms of reference of the recently" +"constituted Finance Commission? Discuss." +"[250 words] 15" +"9. Assess the importance of Panchayat system in India as a" +"part of local government. Apart from government grants, what" +"sources the Panchayats can look out for financing" +"developmental projects." +"[250 words] 15" +"10. India and USA are two large democracies. Examine the" +"basic tenets on which the two political systems are based." +"[250 words] 15" +" 2019 TEST PAPER" +"" +"1. Do you think that constitution of India does not accept" +"principle of strict separation of powers rather it is based on" +"the principle of “checks and balance’? Explain." +"[150 words] 10" +"2. “The Central Administration Tribunal which was established" +"for redressal of grievances and complaints by or against" +"central government employees, nowadays is exercising its" +"powers as an independent judicial authority.” Explain." +"[150 words] 10" +"3. What are the methods used by the Farmers organizations to" +"influence the policymakers in India and how effective are" +"these methods?" +"[150 words] 10" +"4. From the resolution of contentious issues regarding" +"distribution of legislative powers by the courts, “Principle of" +"Federal Supremacy” and “Harmonious Construction” have" +"emerged. Explain." +"[150 words] 10" +"5. What can France learn from the Indian Constitution’s" +"approach to secularism?" +"[150 words] 10" +"6. On what grounds a people’s representative can be" +"disqualified under the Representation of People Act, 1951?" +"Also mention the remedies available to such person against" +"his disqualification." +"[250 words] 15" +"7. “Parliament’s power to amend the Constitution is a limited" +"power and it cannot be enlarged into absolute power.” In the" +"8. “The reservation of seats for women in the institutions of" +"local self- government has had a limited impact on the" +"patriarchal character of the Indian Political Process.”" +"Comment." +" [250 words] 15" +"9. “The Attorney-General is the chief legal adviser and lawyer of" +"the Government of India.” Discuss." +"[250 words] 15" +"10. Individual Parliamentarian’s role as the national lawmaker is" +"on a decline, which in turn, has adversely impacted the" +"quality of debates and their outcome. Discuss." +"[250 words] 15" +" Appendix X Practice Questions on" +"Indian Polity (General Studies—Mains)" +" I. LONG ANSWER QUESTIONS" +"Instructions: Answer the following questions. Answer to each" +"question should be in about 250 words. Each question carries 30" +"Marks." +"1. How does the parliament exercise control over the Union" +"Executive? How can it be made more effective?" +"2. Explain the ways of acquiring and losing Indian Citizenship." +"3. Explain the right to freedom of religion as envisaged in the" +"Indian Constitution." +"4. Evaluate the position of the President of India." +"5. Discuss the features of the party system in India." +"6. Describe the procedure for the amendment of the Indian" +"Constitution. What are the criticisms levelled against it?" +"7. Critically examine the extent to which the Directive Principles" +"of State Policy have been implemented. What measures do" +"you suggest for their better implementation?" +"8. Explain the principles of Indian foreign policy." +"9. Critically examine the emergency powers of the Indian" +"President." +"10. Describe the relative roles of the Rajya Sabha and the Lok" +"Sabha in the Indian Political System." +"11. Explain the jurisdiction and powers of the Supreme Court." +"12. Explain the role played by the NITI Aayog in promoting the" +"Cooperative Federalism in India." +"13. “The Indian Constitution is federal in form but unitary in" +"spirit”. Discuss." +"14. What is the need for promoting National Integration in India?" +"What measures do you suggest in this regard?" +"15. Describe the various constitutional provisions for the" +"protection and development of women and children in India." +"16. What has been the controversy regarding the amenability of" +"Fundamental Rights? What constitutes the “basic structure”" +"of the Constitution?" +"17. What are the changes introduced in the constitutional" +"provisions with respect to the centre-state financial relations" +"by the 101st Amendment Act? Explain." +" 18. Describe the various changes made in the Constitution by" +"the 42nd and 44th Amendment Acts." +"19. What are the anti-defection provisions under the" +"Constitution? What are the recommendations of the National" +"Commission to Review the Working of the Constitution in this" +"regard?" +"20. What is a coalition government? What has been its" +"experience in India at the central level?" +" II. SHORT ANSWER QUESTIONS" +"Instructions: Answer the following questions. Answer to each" +"question should be in about 150 words. Each question carries 15" +"Marks." +"1. Describe the composition of the Constituent Assembly of" +"India." +"3. How does the writ jurisdiction of the Supreme Court differ" +"from that of a High Court?" +"4. How the Directive Principles differ from the Fundamental" +"Rights?" +"5. Explain the role of regional parties in Indian Politics." +"6. Describe the composition and functions of a State Public" +"Service Commission." +"7. Explain the ideals contained in the Preamble of the Indian" +"Constitution." +"8. Examine the functioning of Judicial Review in the Indian" +"Political System." +"9. “India is a secular state”. Explain." +"10. Explain the six freedoms guaranteed under Article 19 of the" +"Constitution." +"11. What is meant by President’s Rule? Explain." +"12. Critically examine the discretionary powers of a State" +"Governor." +"13. Describe the composition and functions of the National" +"Commission for Women." +"14. What are the unitary features of the Indian Constitution?" +"15. Explain the procedure for the impeachment of the President." +"16. What are the functions of the VicePresident of India? How" +"does he differ from the American Vice-President?" +"17. What are the special powers enjoyed by the Rajya Saba?" +"What is its utility?" +"18. Describe the powers and functions of the Speaker of Lok" +"Sabha." +"19. What is a “cut motion’? What are its different kinds? What is" +"its significance?" +" 20. How is the State Legislative Assembly supreme over the" +"State Legislative Council?" +"21. What is the composition of the Finance Commission? What" +"are its functions?" +"22. Describe the features of the new Panchayati Raj System as" +"introduced by the 73rd Amendment Act." +"23. What is voting behaviour? Explain the determinants of voting" +"behaviour in India." +"25. What are the circumstances under which the Parliament can" +"legislate on the State List subjects?" +"26. What is “Sovereignty of Parliament’? Is Indian Parliament a" +"sovereign body?" +"27. What are the constitutional provisions with respect to the" +"joint sitting of the two Houses of Parliament?" +"28. Describe the ordinance-making power of the President of" +"India." +"29. Who are linguistic minorities? What are the constitutional" +"safeguards for them?" +"30. Describe the composition and functions of the National" +"Commission for Protection of Child Rights." +" III. VERY SHORT ANSWER QUESTIONS" +"Instructions: Answer the following questions. Answer to each" +"question should be in about 20 words. Each question carries 2" +"Marks." +"1. What is meant by “Gujral Doctrine’?" +"2. Distinguish between “Judicial Review” and “Judicial" +"Activism’." +"3. What is the significance of Article 355 of the Constitution of" +"India?" +"4. What is the purpose of the Lok Adalats?" +"5. What is meant by “Dilatory Motion’?" +"6. What is meant by the “Doctrine of Pith and Substance’?" +"7. Why Rajya Sabha is known as a Permanent House?" +"8. What is meant by “Non-Alignment’?" +"9. Is the Constitution of India flexible or rigid?" +"10. What is the present position of the Right to Property?" +"11. Write the Directive Principles that were added by the Forty-" +"Second Constitutional Amendment Act." +"12. Who do not participate in the election of the President of" +"India?" +"13. How is the Vice-President of India elected?" +"16. What are the changes made in the constitution by the 42nd" +"and 44th Amendment Acts with respect to the powers of the" +"President in relation to the Central Council of Ministers?" +"17. What is the meaning of “Guillotine’?" +"18. Distinguish between Public Bill and Private Bill." +"19. What are the qualifications of the judges of State High" +"Courts?" +"20. What is meant by “Residuary Powers’?" +"25. What are the functions of the AttorneyGeneral of India?" +"26. What is meant by “Point of Order’?" +"27. What are the functions of the Zonal Councils?" +"28. What is first-past-the-post system?" +"29. What is meant by “Money Bill’?" +"30. What is meant by the Doctrine of “Colourable Legislation’?" +" "