New Indian Polity Book

Indian Polity

1

Indian Polity Constitutional

Development

The 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. 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 of a Constitution. As suggested by M N Roy (a pioneer of communist movement in India and an advocate of Radical Democratism) in 1934, 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 are 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.

Regulating Act 1773 Supreme Court Calcutta. 1. It designated the Governor of Bengal as the Governor-General of Bengal. 2. The First Governor-General of Bengal was Lord Warren Hastings. 3. It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal. 4. The Supreme Court was established at Fort

Ca re e r Co n s u l t a n c y

They are explained here in a chronological order.

William (Calcutta) as the Apex Court in 1774.

Charter Act of 1833 Company's monopoly of trade with India completely abolished. Created the post of Governor General of India. Constitution of a law commission. 1. It made the Governor General of Bengal as the Governor General of India. 2. First Governor General of India was Lord William Bentick. 3. All civil and military powers were vested in him. 4. Governments of Bombay and Madras were deprived of their legislative powers.

Pitt's India Act of 1784

5. This was the final step towards centralisation

Establishment of Board of Control to guide and su-

in the British India.

pervise the affairs of the company in India

6. The act ended the activities of the East India

1. It was introduced to remove the drawbacks of

Company as the commercial body.

the Regulating Act. 2. Was named after the then British Prime

Charter Act of 1853

Minister. control of the British Government. 4. Established a Board of Control over the Court of Directors.

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Ca re e r Co n s u l t a n c y

3. Placed the Indian affairs under the direct

Open annual competitive examination for civil services (Macaulay Commission to work out the details)

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Legislative and Executive Councils separated.

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Indian Polity

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Flash

Government of India Act of 1858 British Crown assumed sovereignty over India

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1687

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1772

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1829

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1859

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1860 1870

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1872

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1881

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1882

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1905

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1905

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1921

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1921

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1935

from the East India Company. Provided absolute imperial control without any popular participation in the administration of the country. 1. This Act transferred the Government, territories and revenues of India from the East India 2. The rule of company was replaced by the rule of Crown in India. 3. The powers of the British Crown were to be exercised by the Secretary of State for India. 4. The secretary of state was a member of the British Cabinet. 5. He was assisted by the Council of India, having 15 members. 6. He was vested with complete authority and control over the Indian administration through the Governor-General as his agent. 7. He was responsible ultimately to the British Parliament. 8. The Governor General was made the Viceroy of India. 9. Lord Canning was the first Viceroy of India 1858.

Indian Councils Act of 1861 1. It introduced for the first time in the representative institutions in India. 2. It

provided

that

the Governor General's

Executive Council should have some Indians as the non-official members while transacting the legislative businesses. 3. Initiated the process of decentralisation by restoring the legislative powers to the Bombay and the Madras Presidencies. 4. It accorded the statutory recognition to the portfolio system.

Indian Councils Act of 1892

Warning : Any copying or Photostating, In full or in Part is Liable for Legal Action

Company to the British Crown.

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2. Enlarged the functions of the Legislative Councils and gave them the power of discussing the Budget and addressing questions to the Executive.

The first Municipal Corporation in India was set up in Madras. Lord Warren Hastings created the office of District Collector. The office of the Divisional Commissioner was created by Lord William Bentick. The portfolio system was introduced by Lord Canning. A system of Budget was introduced. Lord Mayo's resolution on financial decentralisation, visualised the development of local self-government institutions in India. First census in India was conducted during Lord Mayo's period. First regular census was conducted during the period of Lord Ripon. Lord Ripon's resolution was hailed as the 'Magna Carta' of local self-government. He is regarded as the 'Father of local self-government in India'. The tenure system was introduced by Lord Curzon. The Railway Board was set up by a resolution of the Government of India. Public Accounts Committee was created at the Centre. Railway Budget was separated from the General Budget. Reserve Bank of India was established by an act of the Central Legislature.

Indian Councils Act of 1909

1. Introduced the Principle of elections but in an indirect manner.

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This act is also known as the Morley-Minto Reforms after the Secretary of State for India (Lord Morley and the Viceroy Lord Minto). It changed the name of the Central Legislative Council to the Imperial Legislative Council. Introduced a system of Communal representation for Muslims by accepting the concept of 'separate electorate'. First attempt to introduce a representative and popular element in Indian Administration. Election for Legislative Counsel at the centre. At provincial levels elected non-members in majority. Lord Minto came to be known as the 'Father of communal electorate'.

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Indian Polity Government of India Act of 1919 

All called Montegue-Chelmsford Reform after the Secretary of State for India (Montegue) and the Viceroy (Chelmsford).

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Dyarchy in the Provinces (division of subjects of administration into transferred and reserved transferred subjects to be the responsibility of Ministers responsible to the Legislative Council).

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Communal Award 1932 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

Indian Legislature to become Bi-Cameral

classes (scheduled castes). Gandhiji was distressed

(Council of State composed of 60 members

over this extension of the principle of communal

and Legislature Assembly composed of 144

representation to the depressed classes and un-

members).

dertook fast unto death in Yeravada Jail (Poona) to get the award modified. At last, these was an agree-

Simon Commission 1927

ment between the leaders of the Congress and the

In November 1927 itself (i.e., 2 years before the

depressed classes. The agreement, known as Poona

schedule), the British Government announced the

Pact, retained the Hindu joint electorate and gave

appointment a seven-member statutory commis-

reserved seats to the depressed classes.

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 diarchy, extension of responsible government in the provinces, establishment of a federation of British India and princely states, continuation of communal

Ca re e r Co n s u l t a n c y

sion under the chairmanship of Sir John Simon to

Government of India Act 1935 

Provided for federation taking the Provinces and the Indian princely states as units.

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Optional for Indian States to join the Federation (never joined) Dyarchy at the Centre.

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Reserved subjects at the Centre level to the administered by the Governor-General in his discretion with the help of 'counselors' ap-

electorate and so on. To consider the proposals of

pointed by him, and not responsible to the Legis-

the commission, the British Government convened

lature (this provision never came into practice).

three round table conferences of the representa-

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A federal court was to be established.

tives of the British Government, British India and

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Burma was separated from India.

Indian princely states. On the basis of these dis-

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The act divided the powers between the centre

cussions, a 'White Paper on Constitutional Reforms'

and the units in terms of three lists, namely

was prepared and submitted for the consideration

the Federal List, the Provincial List and the Con-

of the Joint Select Committee of the British Par-

current List.

liament. The recommendations of this committee

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next Government of India Act of 1935.

MANU : HINDU LAW GIVER Manu (laws complied during 200 B.C. to 200 A.D.) :- Manu's major work, the 'Manusmriti' relates to the traditions of ancient India. He contributed many ideas in the field of polity. He offered the theory of the divine origin. He considered the art of diplomacy as important for the king in which sama, dana, bheda and danda play a crucial role.

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were incorporated (with certain changes) in the

It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.

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Introduced bicameralism in 6 out of 11 Provinces.

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These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United Province.

The U.S. Constitution Adopted on September 17, 1787; Came into force on March 4, 1789

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Indian Polity Indian independence Act of 1947 It was based on the famous Mountbetton Plan (3rd June, 1947). Parliament on July 5, 1947. The Act relieved the assent of the crown on July 18, 1947 and be became effective on Aug 15, 1947. It main provisions were: 

Two Dominion States-India and Pakistan came into existences on Aug 15, 1947.

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The boundaries between the two Dominion

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States were to be determined by a boundary Commission headed by Sir Cyril Radcliff. 

Both the states shall have right to frame their Constitutions by their respective Constituent Assemblies. They shall also have the right to leave the British Common wealth.

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The British government will not exercise any authority over the two Dominions after Aug 15, 1947. governments in the two states will be run on the basis of Provisions of the Government of India Act, 1935.

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The British Crown shall cease to be ruler of India.

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The members of the civil services appointed before Aug 15, 1947 will continue to remain in service and to enjoy all benefits, which they were entitled to avail so far.

Constitutional

Experiments

India under the rule of the East India Company 1. Regulating Act, 1773

2. Pitts India Act, 1784

3. Character Act, 1793

4. Character Act, 1813

5. Character Act, 1833

6. Character Act, 1853

Parliament; it will be a declaration of India's full self express ... (The) Act of parliament will be merely a courteous ratification of the declared wish of the peo-

British

Crown

The Govt. of India Act, 1858 The Indian Council Act, 1861 The Indian Council Act, 1892 The Govt. of India Act, 1909 The Govt. of India Act, 1919 Simon Commission - 1928 The Govt. of India Act, 1935 The August Offer, 1940 The Cripps Mission, 1942 The Cabinet Mission Plan, 1946 The Mountbetton Plan, 1947 The Indian Independence Act the effect of this Act was the gradual evolution of responsible Govt. and Parliamentary system in India

tional Congress in 1935 and repeated several times

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selves: 'Swaraj will not be a free gift of the British

the

side interference' was first made by the Indian Na-

to trade with India.

destiny should be determined by the Indians them-

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

under

country being 'framed by its own people without out-

lated the character of the company granting right

dhi has put forward the demand that India's political

Federation is a close association (legal) between two or more units, while Confederation is a loose association of two or more States.  In a Federation, units normally do not have the right to secede (as in India and Pakistan), but in the case of a Confederation, the States always enjoy the right to secede. (e.g. CIS, erstwhile USSR)  A Federation is a sovereign body, while in a Confederation the units or the States are sovereign In a Federation, there exists a legal relation between the Federation and its people, but in Confederation, the people are the citizens of the respective units of the Confederation.

ple of India'. The demand for a constitution for the

The Character Acts were called so as they regu-

Constitutional Developments linked to National Movement :- As early as 1922 Mahatma Gan-

between a Federation a Confederation

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India

Till the new Constitutions are not effective, the

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Difference and

between 1935 and 1939. In 1938, Jawaharlal Nehru definitely formulated his demand for a Constituent Assembly thus: 'The National Congress stands for independence and democratic state. It has proposed that the constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise'. This was reiterated by the Working Committee of the Congress in 1939. This demand was, however, resisted by the

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II. In March 1942, when the Japanese were about to attack India, they sent Sir Stafford Cripps, a member of the Cabinet, with a draft declaration of the proposals of the British Government which were to be adopted at the end of the War, provided the two major political parties Congress and the Muslim League could come to an agreement to accept them. But the two parties failed to come to an agreement to accept

Sarojini Naidu. The members also included law-

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British Government until the outbreak of World War

yers such as Alladi Krishnaswami Ayyar, K.M. Munshi; retired judges Bakshi Tekchand and P.K. Sen; retired civil servants such as K.T. Shah. The members jointly worked in the larger interests of the nation and a 'spirit of compromise' marked the proceedings of the Assembly. The other members were Pandit Nehru, Maulana Azad, Sardar Patel, Acharya Kripalani, Rajendra Prasad, Sarojini

the proposals.

Naidu, G.B. Pant, Dr. Ambedkar, Sarad Chander Bose, C. Rajagopalacharya.

Composition of the Constituent Assembly :- The

The elections to the Constituent Assembly (for

Constituent Assembly was constituted in November

296 seats allotted to the British Indian Provinces)

1946 under the scheme formulated by the Cabinet

were held in July-August 1946. The Indian National

Mission Plan. 1. The total strength of the Constituent Assem-

Congress won 208 seats, the Muslim 73 seats, and

bly was to be 389. Of these 296 seats were to

the small groups and independents got the remain-

be allotted to British India, 93 seats to the

ing 15 seats. However, the 93 seats allotted to the

Princely States. Out of 296 seats allotted to the

princely states were not filled as they decided to stay away from the Constituent Assembly.

from the eleven governors' provinces and four

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from the four chief commissioners' provinces, 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

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British India, 292 members were to be drawn

The constituent Assembly was set up in November 1946 as per the Cabinet Mission Plan of 1946.

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The Drafting Committee was appointed on 29th August 1947, with Dr. B.R. Ambedkar as the Chairman.

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Originally, it had 22 parts, 395 articles and 8 schedules.

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The only state having constitution of its own is Jammu and Kashmir.

be decided among the three principal communi

ties -Muslims, Sikhs and general (all except Mus-

The first election to the Parliament was held in 1952.

lims and Sikhs), in proportion to their population. 

4. The representatives of each community were to

The British Government accepted this demand for the first time in the Aug offer of 1940.

be elected by members of that community in the 

provincial legislative assembly and voting was to

The Mountbetton plan of June 3, 1947 announced the partition of the country and a separate constitu-

be by the method of proportional representation

ent assembly for the proposed state of Pakistan.

by means of single transferable vote. 

5. The representatives of princely states were to be

The first meeting of the Constituent assembly was boycotted by the Muslim League.

is thus clear that the Constituent Assembly was

Working of the Constituent Assembly :- The

to be a partly elected and partly nominated body. 6. There was hardly any cultural or religious sect that went unrepresented in the Assembly. The Hindu Maha Sabha was represented by Shyama Prasad Mukherjee, the Parsi and Marwari communities by H.P. Modi and D.P. Khaitan; Anglo-Indians by Frank Anthony; the Adivasis by Jaipal Singh; women by Vijaya Lakshmi Pandit, Durgabai and

Ca re e r Co n s u l t a n c y

nominated by the heads of the princely seats. It

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. Sachchidanand Sinha, the oldest member, was elected as the temporary President of the Assembly, following the French practice. Later on December 11, 1946, Dr. Rajendra

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Indian Polity Prasad and HC Mukherjee were elected as the president and vice-president of the Assembly respectively. Sir B N Rau was appointed as the Constitutional advisor to the Assembly. On December 13, 1946, Pandit Nehru moved the historic 'Objectives Resolution' in the Assembly. It was adopted by the Assembly on January 22, 1947. It influenced the eventual shaping of the Constitution through all its sub-sequent stages. Its modified ver-

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6

sion forms the Preamble of our Constitution.

of the princely states from 83 to 70. 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 inmay 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.

The representatives of the princely states, who

5. It elected Dr. Rajendra Prasad as the first president of India on January 24, 1950.

gradually joined it. On April 28, 1947, representa-

In all, the Constituent Assembly had 11 sessions

tives of the six states were part of the Assembly.

over 2 years, 11 months and 18 days. The Constitu-

After the acceptance of the Mountbatten Plan of

tion-makers had gone through the constitutions of

June 3, 1947 for the partition of the country, the

about 60 countries, and the Draft Constitution was

representatives of most of the other princely states

considered for 114 days. The total expenditure

took their seats in the Assembly. The members of

eincurred on making the Constitution amounted to

the Muslim League from the Indian Dominion also

Rs. 64 lakh.

entered the Assembly. The Indian Independence Act of 1947 made the following three changes in the position of the Assembly : 1. The Asssembly 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

Ca re e r Co n s u l t a n c y

had stayed away from the Constituent Assembly,

body it was chaired by Dr. Rajendra Prasad and

strength of the Indian provinces (formerly British Provinces) was reduced from 296 to 229 and those

Ca re e r Co ns u l t a n c y

when it met as the legislative body, it was chaired

in 1946 under the Cabinet Mission Plan. The

mittee under the chairmanship of Dr. Ambedkar. The

The Constituent Assembly worked in three phases :-

Whenever the Assembly met as the Constituent

came down to 299 as against 389 originally fixed

the Constituent Assembly appointed a Drafting Com-

with a draft Constitution of Indian in February 1948.

Parliament of free Indian (Dominion Legislature).

Consequently, the total strength of the Assembly

Acceptance of Constitution :- On 29 August 1947

by T.T. Krishnamachari). This committe came out

separate days. Thus, the assembly became the first

areas included in the Pakistan) withdrew from the

in 1951-52.

Madhava Rao), Dr. D.P. Khaitan, (replaced on death

country. These two tasks were to be performed on

3. The Muslim League members (hailing from the

of new Parliament after the first general elections

Mohd. Sa'adullah, B.L. Mitter (later replaced by N.

for free India and enacting of ordinary laws for the

the Constitution was over.

of India from January 26, 1950 till the formation

Ayyangar, Alladi Krishnaswamy (Ayyar K.M. Munshi,

to the Assembly, that is, making of a constitution

till November 26, 1949, when the taste of making

end, and continued as the provisional parliament

members of this Committee were N. Gopalaswamy

other words, two separate functions were assigned

by G V Mavlankar. These two functions continued

Only January 24, 1950, the Constituent Assembly held its final session. It however, did not

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I Phase :- 6 December 1946 to 14 August 1947.

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II Phase :- 15 August 1947 to 26 November 1949.

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III Phase :- 27 November 1949 to March 1952.

Committees on Substantive Affairs :1. Drafting Committee (Chairman : Dr. B R Ambedkar) 2. Committee for Negotiating with States (Chairman : Dr. Rajendra Prasad) 3. Union Constitution Committee (Chairman : Jawaharlal Nehru) 4. Provincial Constitution Committee (Chairman : Sardar Patel)

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Indian Polity 5. Committee on Fundamental Rights and Minorities (Chairman : Sardar Patel)

Criticism of the Constituent Assembly :1. Not a Representative Body :- The critics have argued that the Constituent Assembly was not 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

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7

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 4. Dominated by Congress :- The critics charged that the Constituent Assembly was dominated by the Congress party. Granville Austin, a British 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'. 5. Lawyer-Politician Domination :- It is also maintained by the critics that the Constituent Assem-

Ca re e r Co n s u l t a n c y

four months to complete their work.

bly 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 domiof Hindus'. Similarly, Winston Churchill com-

the

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 com-

Ca re e r Co ns u l t a n c y

mented that the Constituent Assembly repre-

Salient FFeatur eatur es of eatures Constitution

3. Government of India Act of 1935 :- More than 2/3 (two-third of the Constitution is taken from the Government of India Act of 1935. Basic structure of the polity, provisions regulating the Union-State relations, declaration of Emergency, Federal scheme, power of Federal Judiciary, and the office of the Governor etc are mainly lifted from this act. 4. Blend of Rigidity and Flexibility :- Constitutions

nated body. Lord Viscount Simon called it 'a body

sented 'only one major community in India'.

prehensive, elaborate and detailed document. Originally (1949), the Constitution contained a Preamble, 395 Articles (divided into 22 Parts) and 8 Schedules. Presently, it consists of a Preamble, about 450 Articles (divided into 24 Parts) and 12 Schedules. The various amendments carried out since 1951 have deleted about 20 Articles and one Part (VII) and added about 70 Articles, three Parts (IVA, IXA and XIVA) and four Schedules (9, 10, 11 and 12). No other Constitution in the world has so many Articles and Schedules. 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 states except Jammu and Kashmir. (d) Dominance of legal luminaries in the Constituent Assembly. 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 Act of 1935. Dr. B R Ambedkar proudly acclaimed that the Constitution of India has been framed after 'rensacking all the known Constitution of the World'.

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

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Indian Polity

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Sources

of

the

Constitution

at

a

Glance

Sources

Features Borrowed

1.

Government of India Act of 1935

Federal Scheme, Office of governor, Judiciary, Public Service Commission, 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 eldction of president.

5.

Canadian Constitution

Federation with a strong Centre, versting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Surpeme Court.

6.

Australian Constitution

Concurrent List, freedom of trade, commerce and intercourse, and joint sitting of the two Houses of Parliament.

7.

Weimar Constitution of Germany Suspension of Fundamental Rights during Emergency.

8.

Soviet Constitution

Fundamental duties and the ideal of justice

(USSR, now Russia)

(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 Constitution

Procedure of amendment of the Constitution and election of members of Rajya Sabha.

11.

Japanese Constitution

Procedure established by Law.

of the members of each House present and voting, and a majority (that is, more than 50%), 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.

5. 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

Ca re e r Co n s u l t a n c y

Sr. No.

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, allIndia 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 federatism' by Granville Austin, 'federation with a centralizing tendency' by Ivor Jennings, and so on.

6. Parliamentary Form of Government :- The Con-

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7. Synthesis of Parliamentary Sovereignty and Judicial Supremacy :- The doctrine of sovereignty or 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 or judicial review. The Parliament, on the other hand, can amend the major portion of the Constitution through its constituent power.

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stitution 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 cooperation and coordination 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' 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, individually responsible to President. (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 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'.

8. 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 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 services 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. 9. Fundamental Rights :- Part III of the Indian Constitution guarantees six 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), (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

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Ca re e r Co n s u l t a n c y

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 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. 11. 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 newly inserted Part IV-A of the Constitution (which consists of only one Article 51-A) specifies the ten 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 86th Constitutional Amendment Act of 2002 added one more fundamental duty. 12. 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).

Ca re e r Co n s u l t a n c y

habeas corpus, mandamus, prohibition, certiorari and quo warranto for the restoration of his rights. 10. 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 categories-socialistic, Gandhian and liberal intellectual.

Ca re e r Co n s u l t a n c y

10 (d) The State shall not discriminate against any citizen on the ground of religion (Article 15). (e) Equality

13.

Universal Adult Franchise :- The Indian Con-

stitution 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 to 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 overshelming illiteracy. 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.

14.

Single Citizenship :- Though the Indian Con-

stitution 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 had 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 excepting in few cases like tribal areas, Jammu and Kashmir, and so on. The various models of acquisition of citizenship prescribed by the Citizenship Act, 1955, are as follows: (a) (b) (c) (d)

Citizenship by birth; Citizenship by descent; Citizenship by registration; Citizenship by incorporation of territory. In 1986 the citizenship act was amended to make acquisition of citizenship difficult for refugees from neighboring countries.

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16. 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 bulwarks 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 adult 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 services and higher Central services and to advise the president on disciplinary matter. (d) State Public Service Commission in every state to conduct examinations for recruitment to state services and to advice the governor on discipli-

Ca re e r Co n s u l t a n c y

day Mahatma Gandhi returned from South African in 1915-was chosen to celebrate the Pravasi Bharatiya Divas as a global gathering of Persons of Indian Origin (PIOs) in New Delhi. Celebration of the Divas was one of the recommendations made by the L.M. Singhvi Committee on the Indian Diaspora. The three-day gala event in New Delhi from Jan.9 to 11, 2005. Nearly 2,000 delegates from 60 countries, including Nobel Laureates Amartya Sen and V.S. Naipaul, attended the global gathering. The dual citizenship is applicable to US, Canada, European Union Countries etc. Dual citizenship allows the person to lvie in India indefinitely, unlike the Person of India Origin (PIO) card, which permitted a single stay for a period of six months. Dual citizens do not have voting rights. Neither can they be elected to public office. As per the amended law, persons of Indian origin who were citizens of Australia, Canada, Finland, France, Greece, Ireland, Israel, Italy, the Netherlands, New Zealand, Portugal, Cyprus, Sweden, Switzerland, United Kingdom and the United Sates were eligible to apply for dual citizenship. The announcement by the Prime Minister, Manmohan Singh, extends dual citizenship to all PIOs who migrated from India afte January 26, 1950. It addresses a major anomaly that restricted dual citizenship to principally developed, Western nations.

Ca re e r Co n s u l t a n c y

Dual Citizenship for all PIO :- January 9 - the

Ca re e r Co n s u l t a n c y

15.

11 nary matters.

17.

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 sovereignity, 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 rebelion (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 center. It converts the federal structure into the 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. 18. Three-tier Government :- Originally, the Indian Constitution, like may other federal constitution, provided for a dual polity and contained provisions with regard to the organization and powers of the Centre and the States. Later, the 73rd and 74th Constitutional Amendment Acts (1991) have added a thirdtier of government (i.e. local) which is not found in any other Constitutional of the world. The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats (rural local governments) by adding a new Part IX 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-A and a new Schedule 12 to the Constitution. ROUSSEAU, JEAN JACQUES (1712-1778) A French philosopher and political theorist. His major works include Discourses on the Origin and Foundation of Inequality (1754); Social Contract or the Principles of Political Right (1762); La Nouvelle Heloise (1761); the Emile (1762); and Confessions.

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12

Par ts of

the Constitution at a Glance

Sr. No.

Parts

Deals with

Articles Covered

1.

I

The Union and its territory

1 to 4

2.

II

Citizenship

5 to 11

3.

III

Fundamental Rights

12 to 35

4.

IV

Directive Principles of State Policy

36 to 51

5.

IV-A

Fundamental Duties

51-A

6.

V

The Union government

52 to 151

7.

VI

The state governments

152 to 237

8.

VIII

The union territories

239 to 242

9.

IX

The panchayats

243 to 243-O

10.

IX-A

The municipalities

243-P to 243-ZG

11.

X

The Scheduled and Tribal Areas

244 to 244-A

12.

XI

Relations between the Union and the states

245 to 263

13.

XII

Finance, property, contracts and suits

264 to 300-A

14.

XIII

Trade, commerce and intercourse within the Territory of India

301 to 307

15.

XIV

Services under the Union and the States

308 to 323

16.

XIV-A

Tribunals

323-A to 323-B

17.

XV

Elections

324 to 329-A

18.

XVI

Special provisions to SCs, STs, OBCs and Anglo-Indians

330 to 342

19.

XVII

Official language

343 to 351

20.

XVIII

Emergency provisions

352 to 360

21.

XIX

Miscellaneous

361 to 367

22.

XX

Amendment of the Constitution

368

23.

XXI

Temporary, transitional and special provisions

369 to 392

24.

XXII

Short title, commencement, authoritative text in Hindi and repeals

393 to 395

Important

Articles

of

the

Constitution

at

a

Glance

Sr. No.

Articles

Deals with

1. 2. 3. 4. 5. 6. 7. 8. 9 10. 11. 12. 13. 14. 15. 16. 17.

1 14 15 16 17 19 21 21A 22 23 30 32 39A 40 41 44 45

Name and territory of the Union Equality before law Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth Equality of opportunity in matters of public employment Abolition of untouchability Protection of certain rights regarding freedom of speech, etc. Protection of life and personal liberty Right to elementary education Protection against arrest and detention in certain cases Prohibition of traffic in human beings and forced labour Right of minorities to establish and administer educational institutions Remedies for enforcement of fundamental rights including writs Equal justice and free legal aid Organisation of village panchayats Right to work, to education, and to public assistance in certain cases Uniform civil code for the citizens Provision for early childhood care and education to children below the age of six years CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P h : 0175- 2216204, 5051204 Ph

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Sr. No.

Articles

Deals with

18.

46

19.

47

20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54.

51A 52 54 61 71 74 76 78 79 83 88 108 110 112 123 124 143 148 155 163 169 243 243A 243B 243C 243D 262 263 267 280 312 315 316 317 324

55.

325

56. 57. 58. 59. 60. 61.

331 352 356 360 368 370

Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections. Duty of the state to raise the level of nutrition and the standard of living and to improve public health. Fundamental duties The president of India Election of President Procedure for impeachment of the president Matters relating to, or connected with, the election of a president or vice-president Council of ministers to aid and advise the president Attorney-General for India Duties of prime minister as respects the furnishing of information to the president, etc. Constitution of Parliament Duration of Houses of Parliament Rights of ministers and Attorney General as respects Houses Joint sitting of both Houses in certain cases Definition of 'Money Bills' Annual financial statement (budget) Power of president to promulgate ordinances during recess of Parliament Establishment and Constitution of Supreme Court Power of president to consult Supreme Court Comptroller and Auditor General of India Appointment of Governor Council of ministers to aid and advise the Governor Abolition or creation of legislative councils in states Definitions Gram Sabha Constitution of Panchayats Composition of Panchayats Reservation of seats Adjudication of disputes relating to water of inter-state rivers or river valleys Provisions with respect to an inter-states council Contingency Fund Finance Commission All-India Services Public Service Commissions for the Union and for the states Appointment and term of office of members Removal and suspension of a member of a Public Service Commission Superintendence, direction and control of elections to be vested in an Election Commission 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 Representation of the anglo-Indian community in the House of the people. Proclamation of Emergency (National Emergency) Provisions in case of failure of constitutional machinery in states (President's Rule) Provisions as to financial emergency. Power of Parliament to amend the Constitution and procedure therefor Temporary provisions with respect to the state of Jammu & Kashmir

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Schedules

of

the

Constitution

at

a

Glance

Sr. No.

Schedules

Deals with

1.

First

Names and territorial extent of 28 States and 7 Union Territories of the Indian Union

2.

Second

Emoluments, allowances privileges and so on of the President of India, the State Governors, the Speaker and the Deputy Speaker of the Lok Sabha and the state legislative assemblies, the Chairman and the Deputy Chairman of the Rajya Sabha and the State Legislative Councils, the Judges of the Supreme Court and the state high courts, and Comptroller and Auditor-General of India

3.

Third

Forms of oaths or affirmations to be made by the Union and state ministers, the Members of the Parliament and the state legislatures, the Judges of the Supreme Court and the state high courts, the Comptroller and Auditor-General of India, the candidates for election to the Parliament and the state legislatures.

4.

Fourth

Number of seats allotted to various states and union territories in the Rajya Sabha

5.

Fifth

Administration and control of scheduled areas and scheduled tribes

6.

Sixth

Administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.

7.

Seventh

Division of powers between the Union and the states in terms of Union List (originally 97 but presently 99 subjects), State List (originally 66 but presently 61 subjects) and Concurrent List (originally 47 but presently 52 subjects).

8.

Eights

Languages (originally 14 then 18) recognized by the Constitution. They are Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu and Urdu. Sidhi was added by the 21st Amendment (1967) while Konkani, Manipuri and Nepali were added by the 71st Amendment (1992). 100th Amendment (2004) Dogri, Bodo, Santhali, Maithali, Now 22 National languages.

9.

Ninth

Acts and Regulations (originally 13 but presently 282) of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters. These are immune from judicial review even on the ground of violation of a fundamental right. However, they can be challenged on the ground of being violative of the basic structure of the Constitution. This schedule was added by the 1st Amendment (1951).

10.

Tenth

Disqualification of the members of Parliament and state legislatures on the ground of defection. This schedule was added by the 52nd Amendment Act, also known as Anti-defection Act (1985).

11.

Eleventh

Powers, authority and responsibilities of Panchayats. It has 29 subjects. This schedule was added by the 73rd Amendment (1992).

12.

Twelfth

Powers, authority and responsibilities of municipalities. It has 18 subjects. This schedule was added by the 74th Amendment (1992).

INTER-STATE COUNCIL The President is empowered to establish an Inter-State Council if at any time it appears to him that public interest would be served by it (Article 263). CAREER CONSULTANCY, H.O. 235-SEWAK COLONY, PATIALA, P h : 0175- 2216204, 5051204 Ph

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of

the

Constitution

The 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.'

Ca re e r Co n s u l t a n c y

Preamble

15

1.

Ca re e r Co n s u l t a n c y

and support from the state.

Sovereign :- The word 'Sovereign' implies that

Ca re e r Co n s u l t a n c y

nationalization of all means of production and distri-

indicates that India has an elected head called the

Justice :- The term 'justice' in the Preamble em-

Liberty :- The term 'liberty' means the absence

the same time, providing opportunities for the devel-

hitherto implicit in the Constitution what was hith-

(also known as 'state socialism') which involves the

Therefore, the term 'republic' in our Preamble

of restraints on the activities of individuals, and at

Principles of State Policy. In other words, what was

cratic socialism' and not a 'communistic socialism'

elected directly or indirectly for a fixed period, eg, USA.

6.

a socialist content in the form of certain Directive

Notably, the Indian brand of socialism is a 'demo-

on the other hand, the head of the state is always

mental Rights and Directive Principles.

the 42nd Amendment in 1976, the Constitution had

measures accordingly.

office through succession, eg, Britain. In a republic,

litical, secured through various provisions of Funda-

Socialist :- Even before the term was added by

ety' in its Avadi session as early as in 1955 and took

enjoys a hereditary position, that is, he comes into

braces three distinct forms-social, economic and po-

affairs (both internal and external).

a resolution to establish a 'socialistic pattern of soci-

archy, the head of the state (usually king or queen)

5.

authority above it, and it is free to conduct its own

explicit. Moreover, the Congress party itself adopted

Republic :- A democratic polity can be classified

of five years.

other nation, but an independent state. There is no

erto implicit in the Constitution has now been made

4.

into two categories-monarchy and republic. In a mon-

President. He is elected indirectly for a fixed period

India is neither a dependency nor a dominion of any

2.

the 42nd Constitutional Amendment Act of 1976. How-

(irrespective of their strength) have the same status

mote among them all

plained as follows :

Secular :- The term 'secular' too was added by

concept of secularism ie, all religions in our country

Equality of status and of opportunity; and to pro-

Justice, Liberty, Equality and Fraternity-are ex-

3.

The Indian Constitution embodies the positive

worship;

Sovereign, Socialist, Secular, Democratic, Republic,

the socialist credentials of the Indian State.

religion) have been included in the constitution).

Liberty of thought, expression, belief, faith and

Key Words in the Preamble :- Certain key words-

privatization and globalisation has, however diluted

(guaranteeing the fundamental right to freedom of

Justice, Social economic and political;

Give to ourselves this Constitution

The new economic policy (1991) of liberalization,

lish such a state and accordingly Articles 25 to 28

secure to all its citizens;

day of November, 1949, do hereby adopt, Enact and

tors co-exist side by side.

tioned in the Constitution-makers wanted to estab-

eign socialist secular democratic republic and to

In our Constitutent Assembly this twenty-sixth

'mixed economy' where both public and private sec-

the words 'secular state' were not expressedly men-

solemnly resolved to constitute India into a sover-

and the unity and integrity of the Nation;

cratic socialism, on the other hand, holds faith in a

ever, as the Supreme Court said in 1974, although

The Preamble :- We, the people of India, having

Fraternity assuring the dignity of the individual

bution and the abolition of private property. Demo-

opment 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

7.

Equality :- The term 'equality' means the ab-

sence of special privileges to any section of the society, and the provision of adequate opportunities for all in individuals without any discrimination.

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Indian Polity 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).

8.

Fraternity :- Fraternity means a sense of broth-

Ca re e r Co n s u l t a n c y

16

erhood. The Constitution promotes this feeling of fra-

 







ternity 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, linguis-



tic, regional or sectional diversities. The Preamble declares that fraternity has to asunity and integrity of the nation. The word 'integrity' has been added to the preamble by the 42nd Constitutional Amendment (1976).

9.

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

Ca re e r Co n s u l t a n c y

sure two things-the dignity of the individual and the

Constitution.

10. Preamble as Part of the Constitution :- In the Kesavananda Bharati case (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 PreHence, 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.

Nature 

of

Indian

Constitution

A system of Single Constitution for both the centre and the state (except J & K, which has its own Constitution and thus enjoys a special status by virtue of Article 370 of the Constitution).

Ca re e r Co n s u l t a n c y

amble.









Strong Centre with over whelming powers. The constitution is more flexible than rigid as major portions can be amended by the parliament alone. The parliament under Article 3 can increase or decrease the area of any state or alter the boundaries or change the name of any State with a simple majority. Interference of the Parliament in the state list, if the Rajya Sabha passes a resolution to that effect in national interest (Art.249) Provision of Single citizenship i.e citizenship of India common to all the people of the states and the union territories. Single integrated judicial system headed by the Supreme Court to enforce the laws of both the central and State Govt. The constitution grants extra ordinary powers to the centre during all the three types of emergencies i.e. National Emergency (Art 352), State Emergency (Art 356) and Financial Emergency (Art 360) The centralized election machinery to conduct elections to both the parliament and the state legislature (Art 324). The accounts of the states are audited by the Comptroller and Auditor General of India, who is appointed and removed by the president. The constitution of India is a flexible form of Federation - a federation of its own kind - federation sui generis. Prof. K.C Wheare described the constitution of India as 'Quasi-Federal' and remarked that' India Union is a unitary state with subsidiary federal features rather than a federal state with subsidiary unitary features.

Preamble how for useful in interpreting the Constitution :- The Preamble is the key to open the mind of the makers. But it does not mean that the preamble can override the express provisions of the Act. In Berubari's case the Supreme Court held that the Preamble was not a part of the Constitution and therefore it could never be regarded as a source of any substantive powers. Such powers are expressly granted in the body of Constitution. What is true about the powers is equally true about the prohibitions. It has limited application and can be restored to where there is any ambiguity in the statute. If the terms used in the Constitution are ambiguous or capable of two meanings in interpreting them some assistance may be taken from the objectives enshrined in the Constitutions and the construction,

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17

sembly 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') Reorganization of States Secondly, the country is described as 'Union' al1953 : 1st linguistic State, Andhra Pradesh, created. though its Constitution is 1956 : States Reorganization Act passed. Thus 4-fold distribution of State replaced by 14 States and 6 Union Territories. Kerala and Karnatka federal in phrase 'Union of States' has been preferred Created. to 'Federation of States' for 1960 : Bifurcation of the Bombay State into Maharashtra and Gujarat (15th two reasons: one, the InState) dian Federation is not the 1962 : State of Nagland formed result of an agreement 1966 : State of Punjab was spilt into State of Punjab, State of Haryana and among the states like the Union Territory of Chandigarh. American Federation; and 1969 : Meghalaya was made a Sub- State within Assam. two, the states have no right 1970 : H.P.was upgraded from Union Territory to a State. to secede from the federa1971 : Manipur, Tripura and Meghalaya were made into States and Mizoram tion. The federation is an and Arunachal Pradesh as Union Territories. Union because it is inde1975 : Sikkim was admitted as 22 nd State. structible. The country is an integral whole and di1986 : Mizoram and Arunachal Pradesh were made into States. vided into different states 1987 : Goa became 25th (smallest) State. 2000 : Chhatisgarh, Uttranchal and Jharkhand formed by the Constitutional only for the convenience of amendment act 2000 by dividing Madhya Pradesh, UP and Bihar re- administration. According to Article 1, spectively in November 2000. the territory of India can be ordinary statute not much importance is attached to classified into three categories: the preamble, all importance has to be attached to the preamble in a Constitutional Statute. Sikri, C.J. 1. Territories of the states observed, "no authority has been referred before us 2. Union territories to establish the propositions that what is true about 3. Territories that may be acquired by the Government of India at any time. the powers is equally true about the prohibitions and The names of states and union territories and their limitations. Even from the Preamble limitations have territorial extent are mentioned in the first schedule been derived in some cases ...It seems to me that the Preamble of our Constitution is of extreme im- of the Constitution. At present, there 28 states and 7 portance and the Constitution should be read and in- union territories. Being a sovereign state, India can acquire forterpreted in the light of the grand and noble vision eign territories according to the modes recognized expressed in the Preamble". In fact, the Preamble was relied on in imposing implied limitations on the by international law, i.e., cession (following treaty, amending power of Parliament under Article 368 of purchase, gift, lease or plebiscite), occupation the Constitution. In that case, it was held that the (hitherto unoccupied by a recognized ruler), con"basic elements” in the Preamble couldn't be quest or subjugation. For example, India acquired several foreign territories such as Dadra and amended under Article 368. Nagar Haveli; Goa, Daman and Diu; Pondicherry; Reorganization of States and Sikkim since the commencement of the Constitution. The acquisition of these territories are Union of States :- Article 1 describes India, that is, Bharat as a 'Union of States' rather than a 'Federation discussed later in this chapter. Article 2 empowers the Parliament to 'admit into of States'. This provision deals with two, type of polity. There was no unanimity in the Constituent As- the Union of India new states; and (b) the power to

Ca re e r Co ns ult an c y

Care e r Co ns ul t a nc y

which fits the preamble, may be preferred. But in Kesavananda Bharti's case, the Supreme Court rejected the above view and held that the preamble is the part of the Constitution. Though in any

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Indian Polity establish new states. Parliament's Power to Reorganise the States :Article 3 authorises the Parliament to : (a) form a new sate 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 to same to the state legislature concerned for expressing its views within a specified period.

of States and Te r r i t o r i e s

Union

Integration of Princely States :- 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.

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 Fazi Ali to reexamine 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 reorganization of states. But, it rejected the theory of 'one language-one state'.

Gujarat :- Gujarat was established as the 15th state of the Indian Union in the year 1960. 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. Consequently, Daman and Diu was made a separate union territory.

Dhar Commission and JVP Committee :- The in-

Pondicherry :- The territory of Pondicherry com-

Ca re e r Co n s u l t a n c y

tegration or princely states with the rest of India has purely and ad hoc arrangement. There has been a demand from different regions, particularly South India, for reorganization 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 reorganization 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 Committee. It submitted its report in Arpil 1949 and formally rejected language as the basis for reorganization of states. 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 casue.

Fazi Ali Commission :- The creation of Andhra

Ca re e r Co n s u l t a n c y

Evolution

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18

prises the former French establishments in India known as Pondicherry, Karaikal, Mahe and Yanam. The French handed over this territory to Inida 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 formed by taking the Naga Hills and Tuensand 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

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Indian Union, it was placed under the control of governor of Assam in 1961.

Uttaranchal and Jharkhand 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. Thus, the number of states and union territories increased from 14 and 6 in 1956 to 28 and 7 in 2000 respectively.

Manipur, Tripura and Meghalaya :- In 1972, the

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. Mizoram, Arunahcal Pradesh and Goa :- In 1987, three new States of Mizoram, Arunachal Pradesh and Goa 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.

Chattisgarh (01-11-2000), F act about India Uttaranchal (09India shares land border with 11-2000) and Pakistan, Afghanistan, China, Jharkhand (15Nepal, Bhutan, Burma 11-2000) :- In 2000, (Myanmar) and Bangladesh and three more new Maritime border with Srilanka States of Chattisgarh, & Maldives.

Fundamental

Rights

(Ar tic le 12 to 35, P ar t III of Constitution) ticle Par

Warning : Any copying or Photostating, In full or in Part is Liable for Legal Action

political map of Northeast India underwent a major change. 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, Teipura 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.

The 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. It constains 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 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 allround development (material, intellectual, moral and spiritual) of the individuals. The Fundamental rights are different from other justiciable rights contained in the Constitution (in parts other than Part III), as for example, the right not to be subjected to taxation without authority of law (Part XII) or freedom of trade, commerce and intercourse throughout the country (Part XIII). 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 under Part III. But, in case of violation of other justiciable 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).

FOURTH ESTATE The term fourth estate refers to the press and media and it was used for the first time by Edmond Burke. In England, the three classes sharing power in Government were called three estates - Lord spiritual, Lord temporal and commons. Eventually with growing influence of press in public affairs, it was recognised as Fourth Estate. In the french political society before the revolution of 1889, the Pope the King and the rising bourgeosie were termed as three estates.

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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)

Fundamental

4. 5. 6. 7.

Right

Right to Cultural Right to Right to

at

a

freedom of religion (Articles 25-28) and educational rights (Articles 29-30) property (Article 31) constitutional remedies (Article 32)

Glance

Sr. No.

Category

Consists of

1.

Right to equality

(a) Equality before law and equal protection of laws (Article 14).

(Articles 14-18)

(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 19-22)

(a) Protection of of six rights in respect 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 (Article 23-24)

(a) Prohibition of traffic in human beings and forced labour (Article 23). (b) Prohibition of employment of children in factories, etc. (Article 24).

4.

Right to freedom of religion (Article 25-28)

(a) Freedom of conscience and 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 educationnal rights (Article 29-30)

(a) Protection of language, script and culture of minorities (Article 29). (b) Right of minorities to establish and administer educational institutions (Art 30).

6.

Right to constitutional

Right to move the Supreme Court for the enforcement of

remedies (Article 32)

fundamental rights including the writs of (i) habeas corpus, (ii) mandamus, (iii) prohibition, (iv), certiorari, and (v) quo warrento (Article 32).

Article 33-35

(a) Article 33 deals with Armed forces and Fundamental Rights. (b) Article 34 deals with Martial Law and Fundamental rights. (c) Article 35 deals Effecting Certain Fundamental Rights.

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Indian Polity 1. Right of 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

Ca re e r Co n s u l t a n c y

21

'Education for All'. The government described this step as 'the dawn of the second revolution in the chapter of citizens' rights'.

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 per-

by the Indian Parliament, which constituted the law of preventive detention in India. It was a temporary Act, originally passed for one year only. Several times

(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

contempt of a legislature or a court, (c) detention is by a competent court, and (d) detention is outside the jurisdiction of the court.

4. Mandamus :- It literally means 'we command'.

The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statu-

Ca re e r Co n s u l t a n c y

2. Writs Types and Scope :- The Supreme Court

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

issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.

(MISA) in 1971, having provisions broadly similar to those of the Preventive Detention Act of 1950. In 1974, Parliament passed the Conservation of Foreign Ex-

still remains.

son free, if the detention is found to be illegal. Thus, this writ is a bulkwark of individual liberty against arbitrary detention

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

since then the term of the Act was extended until it expired at the end of 1969. Parliament enacted a new Act, named the Maintenance of Internal Security Act

change and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), as an economic adjunct of the MISA. MISA was repealed in 1978, but COFEPOSA

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

erally means 'to have the body of'. It is an order issued by the court to a person who has detained

Ca re e r Co n s u l t a n c y

for education to his child or ward between the age of six and fourteen years'. The Preventive Detention Act. 1950 was passed

to issue the writs. Article 226 now empowers all the high courts to issue the writs. These writs are borrowed from English law where

3. Habeas Corpus :- It is a Latin term which lit-

ever, being a directive principle, it was not enforceable by the courts. Now, there is scope for judicial intervention in this regard.

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

preme 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

still, described as the 'fountain of justice'.

Even before this amendment, the Constitution contained a provision for free and compulsory education for children under Article 45 in Part IV. How-

This amendment changed the subject matter of Article 45 in directive principles. It now reads – 'The state shall endeavour to provide early childhood care

empower any other court to issue these writs. Since no such provision has been made so far, only the Su-

tory 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.

5. 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.

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Indian Polity 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.

6. 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

Ca re e r Co n s u l t a n c y

22

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

'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 Constitu-

through defended by some eminent jurists of the time was in no way, consistent with the intentions of the founding fathers. And for the government, commit-

Constitution, including the Fundamental Rights. Hardly two years later came the Supreme Court's decision in the Kesavananda Bharatu Case which

Ca re e r Co n s u l t a n c y

7. Quo-Warranto :- In the literal sense, it means

plication was that our Parliament must respect Fundamental Rights and an amendment which took away or abridged them was void. The Golak Nath decision

Amendment. It clarified that a constitutional amendment was not a law within the meaning of Art, 13 and hence Parliament could amend any part of the

sued only against judicial and quasi-judicial authorities and not against administrative authories. However, in 1991, the Supreme court ruled that the cer-

islative bodies and private individuals or bodies.

history of India. In it, the Supreme Court held by a majority of six to five that the word 'law' in Article 13 meant both statutory and constituent law. The im-

ted to socio-economic programmes on large scale, it was nothing but a big hurdle. Mrs. Gandhi's Government, therefore, carried through in 1971 the 24th

preventive, certiorari is both preventive as well as curative. Till recently, the writ of certiorari could be is-

tiorari can be issued even against administrative authorities affecting rights of individuals. Like prohibition, certiorari is also not available against leg-

Are Fundamental Rights Unamendable ? The Golak Nath case is a landmark in the constitutional

changed the entire position. The Supreme Court ruled that Parliament could amend any and every part of the Constitution, but it could not destroy the basic structure. The Fundamental Rights were thus declared to be amendable subject to the retention of the basic structure or framework of the Constitution.

Note :- The right to property was also one of the fundamental rights according to the original constitution. This right has been taken away under the 44th amendment Act passed in December, 1978.

tion. 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 nec-

It is now only a legal right.

Human

essarily by the aggrieved person.



Rights

Throughout the History, there has been a con-

8. Armed Forces and Fundamental Rights :- Arti-

flict between ruling elite and the ruled e.g. Magna

cle 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed

Carta - England 1215

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.



'Magna Carta' is the Charter of Rights issued by King John of England in 1215 under pressure from

Ca re e r Co n s u l t a n c y

forces, para-military forces, police forces, intelligence agencies and analogous forces. The objective of this provision is to ensure the proper discharge of their

the barons. This is the first written document relating to the Fundamental Rights of citizens. 

French Declaration of the rights of Man and of the Citizen -1789.



Art 1: All human beings are born free and equal in dignity and rights.



Art 2: Everyone is entitled to all the rights and freedoms sets forth in this declaration without distinction of any kind such as race, color, sex,

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Indian Polity language, religion, nation, property, birth or other status. 

Art 3 : Every one has the right to life, liberty and security of person.



Art 4 : Slavery and slave trade is prohibited.



Art 5 : No one shall be subject to torture.



In keeping with the spirit of human right movement all over the world, the national human rights Commission (NHRC) came into ex-

Ca re e r Co n s u l t a n c y

23

istence in India in 1993 through an ordinance

and the Dy. Chairperson of the RS as members.

Present Position of Right to Property :- The 44th

cles 36 to 51. The framers of the Constitution bor-

This feature mainly borrowed from the IRISH con-

Ca re e r Co n s u l t a n c y

the leader of the Opposition in the LS and the RS

The Directive Principles of State Policy are enumerated in Part IV of the Constitutional from Arti-

tal Rights as the 'Conscience of the Constitution.

the method of appointment of its members, their

speaker of the Lok Sabha, the Home Minister,

(Ar tic le 36 to 51, P ar t IV of Constitution) ticle Par

scribed the Directive Principles and the Fundamen-

The autonomy of the omission is derived from

ing the Prime Minister as the Chair person, the

P olic Polic olicyy

soul of the Constitution. Granville Austin has de-

well as one commission each at the state level.

basis of recommendation of a committee compris-

State

tain the philosophy of the Constitution and is the

provides for setting up the NHR at the centre as

mission are appointed by the President on the

of

Principles along with the Fundamental Rights con-

act 1993 which came into fore in 1994. This act

The Chairperson and the members of the Com-

Principle

features' of the Indian Constitution. The Directive

statue called the protection of the human rights



Dir ecti Directi ectivv e

Dr. B R Ambedkar described these principles as 'novel

However, soon the ordinance as replaced by a

fixity of tenure, and statutory guarantees.

ing to the Fundamental Rights of citizens.

which had copied it from the Spanish Constitution.

president of India.



the barons. This is the first written document relat-

rowed this idea from the Irish Constitution of 1937,

promulgated on 28th September 1993 by the 

King John of England in 1215 under pressure from

stitution seeks to inspire and direct the state to work for the common good of the people and establish social and economic democracy in the country. Some important Directive Principles of State Policy are: (a) the right to adequate means of livelihood; (b) the ownership and control of the resources of the community are distributed in such a manner to serve the common good; (c) fair distribution of wealth;

Amendment Act of 1978 abolished the right to prop-

(d) equal pay for equal work;

erty as a Fundamental right by repealing Article 19

(e) just and human conditions of work and maternity relief;

(1)(f) and Article 31 from Part III. Instead, the Act inserted a new Article 300A in Part XII under the head-

(f) the right to work;

ing 'Right to Property'. It provides that no person shall

(g) the living wage for workers;

be deprived of his property except by authority of law.

(h) free and compulsory education for children up to the age of 14;

Thus, the right to property still means a legal right

(i) the protection of the interests of Scheduled

or a constitutional right, though no longer a funda-

Castes and Tribes and other weaker sections;

mental right.

(j) Panchayati Raj;

sion 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 'Magna Carta' is the Charter of Rights issued by

Ca re e r Co n s u l t a n c y

Suspension During Emergency :- The suspen-

(k) Economic policies.

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

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Indian Polity 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

Ca re e r Co n s u l t a n c y

24

instrument of instructions, which were issued

1. (Article 38) :- To promote the welfare of the people by securing a social order permeated by justice-social, economic and political-and to minimize inequalities in income, status, facilities and opportunities . 2. (Article 39) :- 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 produc-

to the Governor-General and to the Governors of

tion; (d) equal pay for equal work for men and

the colonies of India by the British Government

women; (e) preservation of the health and

under the Government of India Act of 1935. what

strength of workers and children against forcible

is called Directive Principles is merely another

abuse; and (f) opportunities for healthy develop-

name for the instrument of instructions. The only

ment of children .

difference is that they are instructions to the leg-

3. (Article 39 A) :- To promote equal justice and to

islature and the executive'.

provide free legal aid to the poor.

3. They embody the concept of a 'welfare state' and

4. (Article 41) :- To secure the right to work, to edu-

the colonial era. In brief, they seek to establish

cation and to public assistance in cases of un-

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

Ca re e r Co n s u l t a n c y

not that of a 'police state', which existed during

to apply these principles in making laws.

employment, old age, sickness and disablement. 5. (Article 42) :- To make provision for just and humane conditions for work and maternity relief. 6. (Article 43) :- To secure a living wage, a decent standard of life and social and cultural opportunities for all orkers . 7. (Article 43 A) :- To take steps to secure the participation of workers in the management of industries. 8. (Article 47) :- To raise the level of nutrition and

5. The Directive Principles, though non-justiciable

the standard of living of people and to improve

in nature, help the courts in examining and de-

public health.

termining the constitutional validity of a law.

Classification

Gandian Principles

of the Directive Principles

These principles are based on Gandian ideology. They represent the programme of reconstruction enunciated by Gandhi during the national movement. In

The Constitution does not contain any classifi-

order to fulfil the dreams of Gandhi, some of his ideas

cation of Directive Principles. However, on the basis 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 :

were included as Directive Principles. They require

Ca re e r Co n s u l t a n c y

of their content and direction, they can be classified

the State. 1. (Article 40) :- To organize village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government.

Liberal-Intellectual Principles The principles included in this category represent the ideology of liberalism. The direct the state :

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Indian Polity

25

1. (Article 44) :- To secure for all citizens a uniform

3. (Article 43 A) :- To take steps to secure the partici-

civil code throughout the country.

pation of workers in the management of industries.

education for all children until they complete the age of six years.

New Directive Principles The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State: 1. (Article 39) :- To secure opportunities for healthy development of children.

Care e r Co n s ul t an c y

2. (Article 45) :- To provide early childhood care and

Fundamental

the

(Article 38) :- The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimize inequalities in income, status, facilities and opportunities. Again, the 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 vide early childhood care and education for all chil-

provide free legal aid to the poor.

betw een between

ronment and to safeguard forests and wild life.

A. The amended directive requires the State to pro-

2. (Article 39 A) :- To promote equal justice and to

Comparison

4. (Article 48 A) :- To protect and improve the envi-

dren until they complete the age of 14 years.

Fundamental

Rights

Rights

and

Dir ecti Directi ectivv e

Directive

1. These are negative as they prohibit the State

Principles

Rights

1. These are positive as they require the State to

from doing certain things.

do certain things. 2. These are non-justiciable, that is, they are not le-

forceable by the courts in case of their violation.

gally enforceable by the courts for their violation.

3. They aim at establishing political democracy 4. These have legal sanctions. 5. They promote the welfare of the individual. 6. They do not require any legislation for their implementation. They are automatically enforced. 7. The court are bound to declare a law violative of

Care e r Co ns ul t anc y

2. These are justifiable, that is, they are legally en-

3. They aim at establishing social and economic democracy in the country. 4. These have moral and political sanctions. 5. They promote the welfare of the community. Hence, they are societarian and

socialistic.

6. They require legislation for their implementation. They are not automatically enforced. 7. The courts cannot declare a law violative of any

any of the Fundamental Rights as unconstitu-

of the Directive Principles as unconstitutional

tional and invalid.

and invalid. However, they can uphold the validity of law on the ground that it was enacted to give effect to a directive.

Conf lict Conflict

Betw een Between

Fundamental

The justiciability of Fundamental Rights and nonjusticiability of Directive Principles on the one hand

Rights

and

Dir ecti Directi ectivv e

Principles

that the Directive Principles have to conform to and run as subsidiary to the Fundamental Rights.

and the moral obligation of State to implement Direc-

The above situation underwent a major change

tive Principles (Article 37) on the other hand have led

in 1967 following the Supreme Court's judgement in

to a conflict between the other hand have led to a con-

the Golaknath case (1967). In that case, the Supreme

flict between the two since the commencement of the

Court ruled that the Parliament cannot take away or

Constitution. In the Champakam Dorairajan case

abridge any of the Fundamental Rights, which are

91951), the Supreme Court ruled that in case of any

'sacrosanct' in nature. In other words, the Court held

conflict between the Fundamental Rights and the Di-

that the Fundamental Rights cannot be amended for

rective Principles, the former would prevail. It declared

the implementation of the Directive Principles.

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Indian Polity The Parliament reacted to the Supreme Court's judgement in the GTolaknath 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 bridge or take away any of the Fundamental Rights by enacting Constitutional Amendment Acts. In the Kesavananda Bharati case (1973), the Supreme Court declared that judicial review is a basic

Ca re e r Co n s u l t a n c y

26 (c) imposition of ceilings on land holdings; (d) distribution of surplus land among the landless labourers; and (e) cooperative farming. Further, the land reform laws are given constitutional protection, that is, they are incorporated into the 9th Schedule so that they could not be challenged in the courts. 3. The Minimum Wages Act (1948), the Payment of Wages Act (1936), the Payment of Bonus Act

feature of the Constitution and hence, cannot be

(1965), the Contract Labour Regulation and Abo-

taken away.

lition Act (1970), the Child Labour Prohibition

In the Minerva Mills case (1980), the Supreme

and Regulatio Act (1986), the Bonded Labour Sys-

Court also held that 'the Indian Constitution in

tem Abolition Act (1976), the Trade Unions Act

founded on the bedrock of the balance between in

(1926), the Factories Act (1948), the Mines Act

Fundamental Rights and the Directive Principles.

(1952), the Industrial Disputes Act (1947), the

They together constitute the core of commitment to

Workmen's Compensation Act (1923) and so on

social revolution. They are like two wheels of a

have been enacted to protect the interests of the labour sections.

chariot, one no less than the other. To give absolute mony of the Constitution. This harmony

and bal-

ance 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'.

Implementation of Directive Principles

Ca re e r Co n s u l t a n c y

primacy to one over the other is to disturb the har-

4. The Maternity Benefit Act (1961) and the Equal

Hill Area Development Programme (1960),

Ca re e r Co ns u l t a n c y

and reducing inequalities of income, status and

rents, etc;

Purses (1971) and so on.

7. The Community Development Programme (1952),

Plans aimed at securing socio-economic justice

(b) tenancy reforms like security of tenure, fair

general insurance (1971), abolition of Privy

rural areas.

in a planned manner. The successive Five Year

jagirdars, inamdars, etc;

ing commercial banks (1969), nationalization of

up for the development of cottage industries in

1950 to take up the development of the country

(a) abolition of intermediaries like zamindars,

ance (1956), the nationalization of fourteen lead-

Coir Board, Silk Board and so on have been set

1. The Planning Commission was established in

measures include

good. These include nationalization of life insur-

poration, Handloom Board, Handicrafts Board,

Directive Principles. These are mentioned below.

improve the conditions of the rural masses. The

financial resources for promoting the common

dustries Board, National Small Industries Cor-

formulated various programmes for implementing the

to bring changes in the agrarian society and to

5. Various measures have been taken to utilize the

Village Industries Commission, Small-Scale In-

Centre and in the states have made several laws and

2. Almost all the states have passed land reform laws

tect the interests of women workers.

6. Khadi and Village Industries Board, Khadi and

Since 1950, the successive governments at the

opportunities.

Remuneration Act (1976) have been made to pro-

Drought-Prone

Are

Programme

(1973),

Swarnajayanti Gram Swarozgar Yojana (1999). 8. The Wildlife (Protection) Act, 1972 and the Forect (Conservation) Act, 1980, have been enacted to safeguard the wildlife and the forests respectively. 9. Agriculture has been modernized by providing improved agricultural inputs, seeds, fertilizers and irrigation facilities. 10. Three-tier panchyati raj system (at village,

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Indian Polity 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 instructions. 11. The Criminal Procedure Code (1973) separated the judiciary from the executive in the public services of the state.

Ca re e r Co n s u l t a n c y

27

12. The Ancient and Historical Monument and Ar-

or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.

Swaran Singh Committee Recommendations In 1976, the Congress Party set up the Sardar Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emer-

chaeological Sites and Remains Act (1951) has

gency (1975-1977). The committee recommended the

been enacted to protect the monuments, places

inclusion of a separate chapter on fundamental du-

and objects of national importance.

ties in the Constitution. It stressed that the citizens

Fundamental

Duties

should become conscious that in addition to the enjoyment of rights. They also have certain duties to

(Ar tic le 51A, P ar t IV of Constitution) ticle Par

perform as well. The Congress Government at Cen-

A new chapter dealing with the fundamental du-

tre accepted these recommendations and enacted the

ties (10 in number) or Indian citizen was added by

42 nd Constitutional Amendment Act in 1976. This

the 42nd amendment. It shall be the duty of every 1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; 2. To cherish and follow the noble ideals which inspired our nation struggle for freedom; 3. To uphold and protect the sovereignty, unity and integrity of India; 4. To defend the country and render national service when called upon to do so;

amendment added a new part, namely, Part IVA to

Ca re e r Co n s u l t a n c y

citizen of India in 1976.

tional diversities, to renounce practices derogatory to the dignity of women;

11. to provide opportunities for education to his child

Though the Swaran Singh Committee suggested

1. The Parliament may provide for the imposition of such penalty or punishment as may be consid-

Ca re e r Co n s u l t a n c y

achievement.

done now.

These include :

including forests, lakes, rivers and wild life and

constantly rises to higher level of endeavor and

framers of the Constitution failed to do was being

and hence, not incorporated in the Constitution.

7. To protect and improve the natural environment

dividual and collective activity so that the nation

as a historical mistake and claimed that what the

Committee were not accepted by the Congress Party

composite culture;

10. To strive towards excellence in all spheres of in-

inclusion of fundamental duties in the Constitution

Interestingly, certain recommendations of the

6. To value and preserve the rich heritage of our

9. To safeguard public property and to adjure violence

zens. The ruling Congress party declared the non-

Act (1976) included ten Fundamental Duties.

scending religious, linguistic and regional or sec-

the spirit of inquire and reform;

specified a code of ten fundamental duties of the citi-

the Constitution, the 42nd Constitutional Amendment

brotherhood amongst all the people of India tran-

8. To develop the scientific temper, humanism and

Article, that is, Article 51A which for the first time

in the incorporation of eight Fundamental Duties in

5. To promote harmony and the spirit of common

to have compassion for living creatures;

the Constitution. this new part consists of only one

ered 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.

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Indian Polity

The Union India, that is Bharat, shall be a Union of States (Article 1). The States and Territories thereof shall be as specified in the first schedule (Article 2).

Distribution of Powers : The Union has exclusive power to make laws on all matters in List I of the Seventh Schedule (Union List). The states have exclusive power to make laws on all matters in List

Ca re e r Co n s u l t a n c y

28 vote; voting is by secret ballot.

Qualification for election as President (1) He must be a citizen of India, (2) He must not be less than 35 years of age, (3) He must be qualified for election as member of Lok Sabha but shall not be a member, and (4) He must not be holding any office of profit under the Government of India or any other Government. A Governor of State or a Minister of the

II (State List). The legislate on any matter enumer-

Union or State or Vice President of the Union will

ated in List III (Concurrent List) (Art. 246).

not, however, be considered as a person holding

Residuary Powers :-

an office of profit.

The Union has exclusive

Procedure of Election :- The procedure of Presi-

power to make laws on any matter not enumerated

dential election is contained in Articles 54 and 55.

in the Concurrent List or State List (Art. 248).

While Art. 54 provides for the creation of an electoral

Over-riding Powers :- In case of any conflict be-

college consisting of all the elected M.L.A's and M.P's,

tween Union laws, the Union laws shall prevail. States

Art. 55 provides for the formula of uniformity in the

(Rajya Sabha) and House of the People (Lok Sabha).

Union

Executive

THE PRESIDENT [Art. 52] 

The Article 52 says 'There shall be a president of India'



Article 53 says that the executive power of the union shall be vested in the president.



The president is the head of the Indian State.



He is the only nominal executive head.



The provision dealing with the election of the President are provided in Articles 54 and 55 and

practicable, by incorporating the method of propor-

Ca re e r Co n s u l t a n c y

The

scale of representation of different States, as far as tional representation with single transferable vote system.

Number of votes of an elected member of the Legislative Assembly of a State :- According to Article 55, 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 Assembly. If the remainder is not less than five hundred the votes

the President and the vice president act of 1952,

of such elected member shall be increased by one.

which was amended in 1974.

In brief the formula is –

The executive powers of the Union are exercised

Value of votes of an MLA

by the President of India either directly or through officer subordinate to him. The 42nd Amendment

=

made it explicit that he would always act on the ad-

Population of the concerned State ÷ 1000 Number of elected members of the Legislativ e Assembly of the state

vice of the Council of Ministers. However, under the

Example :- If the population of a State is 10000000

44th Amendment the President has been given the

and the number of elected members of the Legisla-

But he must act in accordance with the reconsid-

tive Assembly of that state is 100, the value of votes

ered advice. Election of the President :- He is indirectly elected by an electoral college comprising (a) The elected members of the House of parliament and (b) The elected members of the Legislative Assemblies of the states by a system of proportional representation by means

of a single transferable

Ca re e r Co n s u l t a n c y

option of asking the Cabinet to reconsider its advice.

of a member of the Assembly shall be – =

10000000 100000 = 100000 ÷ 1000 = = 100 100 1000

ADULT FRANCHISE In democratic countries, all adult citizens of certain age without any distinctions of cast, creed, colour, religion or sex are given right to vote. This is called adult franchise.

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Indian Polity It has been stated in the Constitution by 42nd Amendment that the population of each State shall be that of 1971 census for this purpose till the new census after the year 2000 has been conducted.

The Value of Votes of an Elected Member of Parliament :- Each elected member of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the

Ca re e r Co n s u l t a n c y

29

members of the Legislative Assemblies of the States

the constitution that the charge of violation of the Constitution may be preferred by either of the two chambers of the Union Parliament before the other House, which would then take up the responsibility of getting the charge investigated. However, in order that a charge is preferred by a House it is necessary that: (a) a resolution containing the proposal preferring the charge of violation is moved after a 14-day notice in writing signed by not less than onefourth of the total membership of the House levy-

by the total number of the elected members of both

ing the charge, and

Houses of Parliament. The formula for determining

(b) the resolution is passed by a majority of not less

the value of votes of an elected members of Parlia-

than two-thirds of the total membership of the

ment is –

same House. The other House then investigates into the matter and, if a resolution is passed in

Total number of votes assigned to the elected members of Legislative Assemblies of States Total number of elected members of Parliament.

that House by not less than two-thirds of its total membership substantiating the charge, the President is removed from his office.

elected members of the Legislative Assemblies of all States is 300000 and there are 500 elected members of Parliament, the value of votes of an elected member of Parliament shall be – =

300000 = 600 500

If the remainder is not less than one half, the value of votes shall be increased by one.

Quota :- A candidate to be successfully elected to

Ca re e r Co n s u l t a n c y

Example :- If the number of votes assigned to the

Vacancy in the office of President :- A vacancy in the office of the President may be caused in any of the following ways: (i) on the expiry of his term of five years; (ii) by his death; (iii)by his resignation; (iv) on his removal by impeachment; (v) otherwise, e.g. on the setting aside of his election as President.

the office of the President shall obtain a fixed quota

When the vacancy is going to be caused by the

of votes. The quota is derived by adding one to the

expiration of the term of the sitting President, an

half of the total valid votes in such election. The for-

election to fill the vacancy must be completed before

mula is –

the expiration of the term. But in order to prevent an

Quota =

'interregnum', owing to any possible delay in such

Total number of valid votes + 1 2

completion, it is provided that the outgoing President

For example, there are 500000 valid votes cast

must continue to hold office, notwithstanding that

in an election of the President, the quota would be–

his term has expired, until his successor enters upon his office. In case of vacancy arising by reason of any

500000 = + 1 = 250001 2

five years. Unless he resigns earlier or he is removed from office by impeachment. He is eligible for re-election. Salary and Allowances :- He is entitled to an official rent-free residence and he draws a salary of Rs. 50,000 per month. On retirement a pension of Rs. 20,000/- p.m. Procedure for Impeachment :- It is laid down in

cause other than the expiry of the term of the in-

Ca re e r Co n s u l t a n c y

Term of Office :- The President holds office for

cumbent in office an election to fill the vacancy must be held as soon as possible after, and in no case later than, six months from the date of occurrence of the vacancy. Immediately after such vacancy arises, it is the Vice-President who shall act as President. Apart from a permanent vacancy, the President may be temporarily unable to discharge his functions, in which case the Vice-President shall discharge his

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Indian Polity

30

functions until the date on which the President

chairman and the Members of the Union Public Service Commission, the Governor of the States, the Chairman and Members of the Finance Commission, and so on.  He can seek any information relating to administration of affairs of the Union, and proposals for legislation from the Prime Ministers (Article 78) Legislative Powers :-

resumes his duties.

Impeachment (Article 61) :- The President may be impeached on a charge of violation of the Constitution. Such impeachment can be moved in either House of the Parliament by duly signed by at least one-fourth of the total number of member of the house and moved after giving at least 14 days'

bership of the House.

The charge is than investi-

gated at such investigation. The President has right to appear and to be represented at such investigation. If the other House after investigation passes a resolution by 2/3rd majority declaring that the charge is proved, such resolution shall have the effect of removing the President from his office from the date on which the resolution is so passed. Under Article 11, section 4 of the American Constitution, the President and all Civil Officers of the United States can be removed from office on impeachment for, and conviction of, "Treason, Bribery, other high crimes and misdemeanours". In America the power to initiate the impeachment proceedings lies with the Lower House, which appoints a Committee to investigate the charges. The findings of the House are then sent to the Senate for action. The Senate, which hears the impeachment, is presided over by the

Chief Justice of the Supreme Court of America.

If the Senate by 2/3rd majority of the members present at the trial agrees to the charges, the President is convicted and removed.

Pow ers

of

the

Pr esident President

Executive Powers : 





All of the executive actions of the Govt. of India are formally taken in his name. He appoints the Prime Minister, and the other Ministers on the advice of the Prime Minister. The Ministers hold the office during the pleasure of the President. He appoints the Attorney General of India and determines his remuneration. The Attorney General holds office during the pleasure of the President. He appoints the Comptroller and Auditor General of India, the Chief Election Commissioner, the

Warning : Any copying or Photostating, In full or in Part is Liable for Legal Action

by a majority of not less than 2/3rd of the total mem-

He can summon or prorogue both the houses of the Parliament and Dissolve the Look Sabha.  He can summon a joint sitting of both the houses of the Parliament, which is presided over by the speaker of the Lok Sabha.  He can Address both the houses of the Parliament at the Commencement of the first session after each general election and the first session of the year.  He can send message to both the houses of the Parliament, whether with respect to a bill pending in the Parliament or otherwise.  He can 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 simultaneously. Financial Powers :

advance notice. Such a resolution must be passed

Money bill can be introduced in the Parliament only with his prior recommendation.  He causes to be laid before the Parliament the Annual Financial Statement. Judicial Powers :

 

He appoints the Chief Justice and the judges of the Supreme Court and Zone high Courts. He can seek advice from the Supreme Court on any question of law or fact. (Art 143) 1. Pardon :- Completely absolves the offender 2. Reprieve :- temporary suspension of the sentence. 3. Respite :- awarding a lesser sentence on special grounds. 4. Remission :- reducing the amount of sentence without changing its character. 5. Commutation :- substitution of one form of punishment for another form, which is of lighter character.

FIFTH COLUMN It refers to a group or persons within a country, which conspires with foreign countries against the national interests of their own country.

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Indian Polity

31

Emergency Powers : National Emergency 



report of the State Governor or Otherwise, that the Governance of the State cannot be carThe National Emergency (Art 352) :- On the ried on in accordance with the Provision of grounds of security threat to India by war, external the Constitution. aggression or Veto Power :armed rebellion. The Presidents of India Veto is of the following four The term 1. Dr. Rajendra Prasad Jan 26, 1950 to May 13, 1962 types :'armed rebel-

lion' was inserted by the 44th Constitutional Amendment act (1978), replacing the original term ' internal disturbance'.  The President can proclaim this emergency only after receiving a written recommendation from the Cabinet. State Emergency :-

2.

Dr. S. Radhakrishnan May 13, 1962 to May 13, 1967

(Vice President also) 3. 4. 5. 6.

Dr. Zakir Hussain

May 13, 1967 to May 3, 1969

(Vice President also)

(Died)

V.V.Giri,

May 3, 1969 to July 20, 1969

(Vice President also)

(acting)

Justice M. Hidyatullah July 20, 1969 to Aug 24, 1969 (Vice President also)

(Acting)

V.V.Giri,

Aug 24, 1969 to Aug 24, 1974

(Vice President also) 7.

Fakhruudin Ali Ahmed Aug 24, 1974 to Feb 11, 1977 (Died)

8. 9.

B.D.Jatti,

Feb 11, 1977 to July 25, 1977

(Vice President also)

(acting)

Neelam Sanjeeva

July 25, 1977 to July 25, 1982

Reddy 10. Giani Zail Singh

July 25, 1982 to July 25, 1987

11. M. Hidyatullah

Oct 6, 1982 to Oct 31, 1982

 Absolute Veto, that is withholding the assent to the bill.  Qualified Veto, which can be overridden by the Legislature with a higher majority.  Suspensive Veto, which can be overridden by the Legislature with an ordinary majority.  Pocket Veto, that is, delay in giving assent to the bill. The veto power enjoyed by the President of India is a Combination of the Absolute, Suspensive and Pocket vetos. When a bill passed by the State Legislature is reserved by the Governor for Consideration of the President, the President can 1. Give his assent to the bill, or 2. Withhold its assent to bill, or 3. Direct the Governor to return the bill for reconsideration of the state Legislature.

(Vice President also) (discharged the functions of The Presidents the President) rule is also known as the 12. R. Venkatraman July 25, 1987 to July 25, 1992 Constitutional (Vice President also) Emergency or 13. Dr. S.D.Sharma July 25, 1992 to July 25, 1997 the State Emer(Vice President also) gency. 14. K.R.Narayanan July 25, 1997 to July 25, 2002 Discretionary Powers :- The  It can be pro(Vice President also) President of India almost alclaimed by the 15. A.P.J.Abdul Kalam July 25, 2002 till date ways at on the aid and advise President on the failure of the Constitutional machinery in of the council of Ministers except under the followthe State (Art 356), or failure to comply with or to ing circumstances where he acts on his discretion: give effect to the directions given by the Union  In appointing a Prime Minister from among the contenders when no single party attains the ma(Art 365) jority after elections to the Lok Sabha.  The President's rule can be imposed when the President is satisfied, on the basis of either a  A council of Ministers is voted out and after resigning advises the President to dissolve the FILIBUSTERING Lok Sabha and Hold fresh elections (or resigns and advises so without being voted out). The practice of filibustering is frequently used by mem While exercising the Pocket Veto. bers in the legislative process of American Senate. It means  Disqualifying members of the legislature when a practice of prolonging debate on a bill or a matter by speaking unduly long time by members so that the voting on the bill the Council's advise is not taken. would not be held and the bill shall be dropped, as its allocated  Can return the advise of the Council of Ministime has lapsed in the discussion, without passing the same. ters once for its reconsideration.



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Indian Polity Constitutional position :- The President has made only a nominal executive: the real executive is the council of Ministers headed by the Prime Minister. Bills that require Prior recommendation of the President :

A bill to alter the boundaries of the State or to change the names of the state (Art 3).



A money bill as detailed in Art 110.



A financial bill (category one) involving Art. 110

Ca re e r Co ns ul t anc y

32

but containing an-



the duties of the office of the Chairman of the council of states and shall not be entitled to receive the salary and the emoluments payable to the chairman of the council of states under Art 97, during this period he is entitled for the salaries, emoluments, allowance and privileges of the office of the President of India. 

Vice

Presidents

1952-1962

2.

Dr. Zakir Hussain

1962-1967

3.

Varahagiri Venkata Giri

1967-1969

Gopal Swarup Pathak

1969-1974

B D Jatti

1974-1979

Consolidated fund of 6. India can be taken up 7.

Mohammed Hidyatullah

1979-1984

R Venkataraman

1984-1987

for consideration, that 8.

Dr. Shanker Dayal Sharma

1987-1992

is reading two in the 9.

K R Narayanan

1992-1997

process of passage of 10. Krishan Kant

Art. 31A Any legislation involving items of the taxation in which the states are interested or one that seeks to redefine agriculture income etc. A state bill that seeks to restrict freedom of trade, commerce and intercourse [Art 19 (1)(g)] bill that require the previous sanction of the President cannot be questioned in the courts for its consti-

Ca re e r Co n s u l t a n c y

Legislation involving



after it is legislated upon, and the assent of the

Sabha, and hence he has no right to vote. 

Being the Vice President of India, he is not entitled for any salary and allowance payable to the chairman of the council of states.



When he acts as the President or Discharge the

- is a citizen of India, has completed the age of 35 years, is qualified for elec-

Aug 19, 2002 till date

tions as a member of the Council of States.

The Vice President may, by writing under his hand The Vice President can be removed from his of-

impeachment is required.

Council



Ca re e r Co n s u l t a n c y

The vice President is not a member of the Rajya

vice President unless he

by the House of People (the Lok Sabha). No formal



According to the Article 63-there shall be a vice

states (the Rajya Sabha)

gible to be elected as the

members of the Council of states and agreed to

President of India.



 No person shall be eli-

Rajya Sabha) passed by a majority of all the then

The Vice Presidents of India He is the Ex-Officio Chairman of the council of

Qualifications to be the Vice President

fice by a resolution of the Council of states (the

President is obtained.



his term.

addressed to the President, resign his office. 

tutionality, if such as sanction is not obtained



pleted before the expiry of

1997-2002

11. Bhairon Singh Shekhawat

the bill.



India

Dr. S.Radhakrishnan

Ordinary bill but seek- 4. ing to draw from the 5.



of

1.

A financial bill (Category two) which is an



The election of the vacancy of the office of the Vice President is com-

other provisions as well.

function of the President, he shall not perform





of

Ministers

Article 74(i) provides that 'there shall be a council of Ministers as its head to aid and advice the President who shall, in exercise of his functions act in accordance with such advice.' Art 75(i), “the Prime Minister shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Prime Minister. As per Art 75(3), the council of Ministers is collectively responsible to the Lok Sabha i.e., if a resolution is defeated in the Parliament, the entire Ministry collapses. The Council of Ministers consists of three categories of Ministers - Ministers of cabinet rank, State Ministers and Deputy Ministers.

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Indian Polity

33

the

President

President 1. Elected by an Electoral College consisting of elected members of both the Houses of Parliament – Lok Sabha and Rajya Sabha and of the Legislative Assemblies of the States. 2. The election is held in accordance with the system of proportional representation by means of the single transferable vote. 3. No person shall be eligible for election as President unless he is a citizen of India and has completed the age of thirty-five years. 4. To become the President, a person shall also be qualified to become a member of the House of the People. 5. A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State. However, the office of the President, the VicePresident or the Governor or the Minister for the union or for any State shall not be considered as office of profit 6. The term of office is for five years from the date of entering upon the office of the President. 7. The President may resign his office by writing his resignation to the Vice-President. 8. The President may be removed from his office by a resolution of impeachment passed by a majority of not less than two-thirds of the total members in both the Houses of Parliament. 9. The President exercises the executive powers of the Union on the advice of the Council of Ministers.

Ca re e r Co n s u l t a nc y

between

Care e r Co n s ul t a n c y

Comparison

10. The President is entitled to get a monthly salary of Rs. 50,000.







Cabinet Ministers are the senior most Ministers to head a department with portfolio. They constitute the cabinet and have the right to attend all the cabinet meetings convened by the Prime Minister. The word 'Cabinet Ministers' has been incorporated into the constitution through the 42nd amendment act in Art 352. The cabinet is the smaller body of the council of

the

Vice

-

President

Vice-President 1. Elected by an Electoral College consisting of the members of both Houses of Parliament i.e., Lok Sabha and Rajya Sabha . 2. The election is held in accordance with the system of proportional representation by means of the single transferable vote. 3. No person shall be eligible for election as the Vice-President unless he is a citizen of India and has completed the age of thirty-five years. 4. To become the Vice-President, a person shall be qualified to become a member of the Council of States. 5. A person shall not be eligible for election as VicePresident if he holds any office of profit under the Government of India or the Government of any State. However, the office of the President, Vice-President or the Governor or the Minister for the union or for any State shall not be considered as office of profit 6. The term of office is for five years from the date on which the Vice-President enters upon his office. 7. The Vice-President may resign his office by writing his resignation to the President. 8. The Vice-President may be removed from his office by a resolution passed by the Council of States by a simple majority and agreed to by the House of the people. 9. The Vice-President is the ex-officio Chairman of the Council of States and acts as President in his absence. 10. The Vice-president as the chairman of the Council of the States, gets Rs. 40,000 per month and when he acts as the President he gets a monthly salary of Rs. 50,000 per month.

Ca re e r Co n s ul t a n c y



and

  

Ministers. Ministers of the states are lower in rank to the cabinet Ministers and normally assist the latter. They never attend the Cabinet meeting. All cabinet Ministers are not the members of the Cabinet.

The Size of the Council of Ministers Gets Limited :- The 91st Constitutional amendment Act, 2003 (which was previously 97th Amendment

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Indian Polity Bill) limits the size of the council of Ministers to 15 percent of the total strength of the lower House, the Lok Sabha in the centre and the Vidhan Sabhas in the States. In the smaller states like Sikkim and Mizoram where the total strength of the Vidhan Sabhas is 32 and 40 respectively, this maximum number has been fixed at 12 ministers.

Council

of

Ministers

vs.

Cabinet

Council of Ministers 

It is wider body consisting of 60 to 70 members.



It includes all the three categories of Ministers.



It is a smaller body consisting of 15 to 20 Minis-

Care e r Co ns ul t a nc y

34 

majority and if a coalition Govt is to be formed, the President can exercise his discretion in choosing the prime Minister.  

1. The President should invite the leader of the opposition, if the Govt. is defeated in the house on the no confidence motion. 2. He should call the leader of a coalition formed before the election. 3. He should call the leader of the single largest



4. He should invite the leader of a coalition

Minister

formed after the election.

The Prime Minister is appointed by the President

Qualifications :-

[Art. 75 (1) ].

1. The Prime Minister has to form the Central Cabi-

The min. age required is 25 years, as he can be the member of either house if not, must be within 6 months [Art. 75(5)].



In normal circumstances, the President can hardly exercise his discretion; the President's choice to appoint the Prime Minister is restricted to the leader of the Party with majority of Lok Sabha.

Prime Name 1.

Pt. Jawahar Lal Nehru

2.

Gulzari Lal Nanda

3.

Lal Bahadur Shastri

4.

Gulzari Lal Nanda

1 2

Ca re e r Co ns ult an c y



party

It includes the cabinet Ministers only.

Prime

In inviting a leader, the President can follow the following conventions one after the other:

ters.

The

The President can choose the leader of any party, who in his opinion can form a stable Govt.

Cabinet



If no party is in a position to gain the required

net and is answerable to the President for any act of commission or commission done by any individual ministers. 2. He is the Chief Confidential Advisor to the President and as such his powers increase largely during emergency period. 3. He selects other Ministers and exercises good

Ministers

of

India

Party Name

Time Period

Indian National Congress

15 Aug 1947 - 27 May 1964

INC

27 May 1964 - 9 Jun 1964 (acting)

INC

9 Jun 1964 - 11 Jan 1966

INC

11 Jan 1966 - 24 Jan 1966 (acting)

5.

Indira Gandhi

3

Congress (I)

24 Jan 1966 - 24 Mar 1977

6.

Morarji Desai

4

Janata Party

24 Mar 1977 - 28 Jul 1979

7.

Ch. Charan Singh

5

Janta Party(s)

28 Jul 1979 - 14 Jan 1980

8.

Indira Gandhi

6

Congress (I)

14 Jan 1980 - 31 Oct 1984

9.

Rajiv Gandhi

7

Congress (I)

31 Oct 1984 - 1 Dec 1989

8

Janta Dal

2 Dec 1989 - 10 Nov 1990

11. Chander Shekhar

9

Samajwadi Janta Party

11 Nov 1990 - 21 Jan 1991

12. P V Narsimha Rao

10

Congress (I)

21 Jun 1991 - 16 May 1996

10. V P Singh

13. Atal Bihari Vajpayee

11

BJP

16 May 1996 - 31 May 1996

14. H D Devegowda

12

Janata Dal

1 Jun 1996 - 20 Apr 1997

15. I K Gujral

13

Janata Dal

21 Apr 1997 - 18 Mar 1998

BJP

19 Mar 1998 - 13 Oct 1999

16. Atal Bihari Vajpayee 17. Atal Bihari Vajpayee 18. Manmohan Singh

14

BJP

13 Oct 1999 - May 2004

Congress

From 22 May 2004

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Indian Polity deal of freedom of choice in their selection. He can also call upon any Minister to resign if he so desires. 4.

He presides over the Cabinet Meeting.

5. He is the chief spokesman of the Government in the House.

The 

Central

Vigilance

Commission

The Central Vigilance Commission was set up by the Govt. in Feb 1964 on the recommendations

Ca re e r Co n s u l t a n c y

35

Uniformity of

tion of each constituency and the number of seats

(a) a Central Vigilance Commissioner - Chair-

allotted to it is, so far as practicable, the same

Ca re e r Co n s u l t a n c y

person

The President, even though he does not sit in

ness of mind, crime or corrupt or illegal practice, shall

in such manner that the ratio between the popula-

consist of-

Rajya Sabha) and the house of People (the Lok Sabha)

disqualified e.g. by reason of non-resident, unsound-

State shall be divided into territorial constituencies

effect from 25th Aug 1998. The commission shall

be known respectively as the council of states (the

is not less than 18 years of age and is not otherwise

as practicable, the same for all States; and (b) each

member Commission with 'Statutory status' with

shall consist of the President and the two houses to

State on the basis of adult suffrage. Every citizen who

that number and the population of the State is, so far

by the President, the CVC has been made a multi

There shall be a Parliament for the Union, which

the States are directly elected by the people of the

the People in such manner that the ratio between

Consequent upon promulgation of an Ordinance

UNION LEGISLATURE - PARLIAMENT

Election :- For Lok Sabha, the representatives of

ted to each State a number of seats in the House of

Central Govt agencies in the field of Vigilance.

ers - Members.

persons a place in the Upper Chamber.

representation is provided for (a) there shall be allot-

headed by Mr K Santhanam, to advice and guide

(b) not more than four Vigilance Commission-

the principle of nomination for giving distinguished

be entitled to vote at such election.

of the committee on prevention of Corruption,



art, and social service'. The Constitution thus adopts

throughout the State. Qualifications for Membership :- In order to be chosen a member of parliament, a person (a) must be a citizen of India; (b) 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. Additional qualifications may be prescribed by Parliament by law. Disqualification for Membership

Parliament and appears there only for the purpose of delivering his opening address, is, under the consti-

A person shall be disqualified for being chosen

tution, a part of the legislature, and no bill passed by

as, and for being, a member of either House of Par-

Parliament can become law without his assent.

liament

Composition :- The Lok Sabha, in which the real

(a) if he holds any office of profit under the Govern-

power lies, consists of not more than 550 representa-

ment of India or the Government of any State (other

tives of the people inclusive of 20 representatives of

than an office exempted by Parliament by law) but

the Union Territories. Two members of the Anglo-

not a Minister for the Union or for a State; or

Indian community may be nominated by the Presi-

(b) if he is of unsound mind and stands so declared by a competent Court;

in the Lok Sabha through regular elections. The Rajya Sabha is composed of not more than 250 members, of whom (a) 12 shall be nominated by the President; and (b) the remainder (i.e. 238) shall be representatives of the States and the Union Territories elected by the method of indirect election. The 12 nominated members shall be chosen by the President from amongst persons having 'special knowledge or practical experience in literature, science,

Ca re e r Co n s u l t a n c y

dent if the community is not adequately represented

(c) if he is an undischarge insolvent. (d) if he has ceased to be citizen of India or has voluntarily acquired citizenship of a foreign State or is under acknowledgement of allegiance or adherence to a foreign power; (e) if he is so disqualified by or under any law made by Parliament. If any question arises as to whether a member of either House of Parliament has become subject to any of the above disquali-

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Indian Polity fications, the President's decision, in accordance with the opinion of the Election Commission, shall be final.

The 

Lok

Sabha

The Lok Sabha or the Council of People consists of not more than 550 members, out of which 530 are to be elected from states on the basis of adult franchise while not more than 20 are to be elected from the union territories.



Ca re e r Co n s u l t a n c y

36

T he Salar w ances of Salaryy and Allo Allow of P ar Par arliament liament Monthly Salary (in rupees) Y for Years, S for Salary Y : 1983 S : 750

Y : 1964 S : 500

Y : 1954 S : 400

Y : 1998 S : 4000

Y : 2001 S : 12000

years by 44th Amendment.

Y : 1985 S : 1000 Y : 1988 S : 1500

The term of Lok Sabha is 5 years. It was increased to 6 years by 42nd Amendment but again reduced to 5

Members

Qualification for M.Ps :- In order to be a member of

Monthly Salary (in rupees)

Parliament a person must be (a) citizen of India (b) must not be less than 25 years in the case of Lok

Daily Allow ance (in Rupees)

Sabha and not less than 30 years in the case of Rajya

500

as far as practicable, the same of the states. The allocation will continue too the same until the figure of the first census taken after 2000 A.D. are available.

31

51

Qualifications for a voter :- A voter must be (a) a citizen of India

Monthly Parliamentary Constituency Allowance (in rupees) 10000

(b) not less than 18 years of age, (c) not declare mentally unfit or insolvent or otherwise disqualified. FUNCTIONS AND POWERS OF THE PARLIAMENT (i)

8000

The Parliament makes laws

6000

(ii) can amend the Constitution

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2001

1998

1997

1000 1250

1988

This is a method of collecting people's opinion on a controversial issue. This is conducted to feel popular reaction on an issue of public importance. The difference between Plebiscite and Referendum is that the former is organised to know people's view in order to decide very important political and constitutional questions.

500

1986

REFRENDUM

3000

1981

officers such as the Chief Election Commissioner.

1975

and the judges of Supreme Court. High Court and other

Ca re e r Co n s u l t a n c y

(iii) has the power to impeach and remove the President

2001

tween the number and the population of the state is

21

1998

seats for each state is so allocated that the ratio be-

150 75

1993

opinion of the Election Commission. The number of

200

1988

to the President of India who acts according to the

1983

pute regarding disqualification of a person are referred

1969

(e) not disqualified by the Parliament under law. Dis-

400

1957

(d) not an undischarged insolvent

1954

(c) not of unsound mind

Ca re e r Co n s u l t a n c y

Sabha

Indian Polity

Powers of the Speaker :- At other meetings of the House the Speaker shall preside. The Speaker will not vote in the first instance, but shall have and exercise a casting vote in the case of equality of votes. The Speaker will have the final power to maintain order within the House of the people and to interpret its Rules of Procedure. The Speaker's conduct in regulating the procedure or maintaining order in the House will not be subject to the jurisdiction of any Court. The Speaker possesses certain powers not belonging to the Chairman of the Council of States. (a) The Speaker shall preside over a joint sitting of the two Houses of Parliament. (b) When a Money Bill is transmitted from the Lower House to the Upper House, the Speaker shall endorse on the Bill his certificate that it is a Money Bill. While the office of Speaker is vacant or the Speaker is absent from a sitting of the House, the Deputy Speaker presides, except when a resolution for his own removal is under consideration. The Chairman of the Council of States :- (who presides over that House) performs that function exofficio. It is the Vice-President of India who shall exofficio be the Chairman of the Council of States and shall preside over that House. When the Chairman acts as the President of India, the Office of the Chair-

Ca re e r Co n s u l t a n c y

Speaker of Lok Sabha and Chairman of Rajya Sabha :- Each house has it own presiding officer and secretarial staff. The Lok Sabha is presided over by a Speaker. There is also provision for a Deputy Speaker. Both the Speaker and the Deputy Speaker are elected by the Lok Sabha from among its members. The Speaker or the Deputy Speaker will normally hold office during the life of the House, but his office may terminate earlier in any of the following (i) by his ceasing to be a member of the house; (ii) by resignation in writing, addressed to the Deputy Speaker, and vice versa; (iii) by removal from office by a resolution, passed by a majority of all the then members of the House. Such a resolution shall not be moved unless at least 14 days notice has been given of the intention to move the resolution. While a resolution for his removal is under consideration, the Speaker shall not preside but he shall have the right to speak in, and to take the part in the proceedings of, the House, and shall also have a right of vote except in the case of equality of votes.

Ca re e r Co ns u l t a n c y

OFFICERS OF PARLIAMENT

Ca re e r Co n s u l t a n c y

37 man of the Council of States falls vacant and the duties of the office of the Chairman shall be performed by the Deputy Chairman. The Chairman may be removed from his office only if he is removed from the office of the Vice-President. The functions of the Chairman in the Council of States are similar to those of the Speaker in the House of the People except that the Speaker has certain special powers according to the Constitution. The Rajya Sabha elects one of its members as its Deputy Chairman, who performs the functions of the Chairman. Privileges and Immunities of Members :- Both the Houses of Parliament as well as of a State Legislature have similar privilege under our Constitution. Privileges are of two kinds; (a) those which are enjoyed by the members individually, and (b) those which belong to each House of Parliament as a collective body. The major privileges enjoyed by the members individually are as follows. (i) Exemption from attendance as juniors and witnesses. (ii) Immunity is, however, confined to arrest in civil cases and does not extend to arrest in civil cases and does not extent to arrest in criminal case or under the law of Preventive Detention. (iii) Freedom of Speech: This does not mean unrestricted license to say anything that a member may like, regardless of the dignity of the House. The freedom is 'subject to the rules' framed by the House under its powers to regulate its internal procedure. The Constitution itself imposes another limitation upon the freedom of speech in Parliament, namely 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. Money Bills :- A Bill is deemed to be a 'Money Bill' if it contains only provisions dealing with all or any of the following matters; (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money by the Government; (c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund; (d) the appropriation of money out of the Consolidated Fund of India; (e) the declaring of any expenditure to be expenditure

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Indian Polity

Financial Legislation :- An annual budget [Art. 112] containing the proposed expenditure and estimated income and taxation proposals is introduced by the Finance Minister, about a month before the commencement of a new Financial Year, in the Lok Sabha. Demands for grants of various Ministers are discussed by the Lok Sabha and approved one by one. All the expenditures approved through various demands for grants are then presented in the form of an Appropriation Bill by the Finance Minister in the Lok Sabha. Taxation proposals are presented by him in the form of the Finance Bill. Both these bills are called Money Bills and are passed according to the procedure explained above. The Railway Budget is separately moved by the Railway Minister in the Lok Sabha. Expenditure Charged on the Consolidated Fund of India :- So much of the estimates as related to expenditure charged upon the Consolidated Fund of In-

Ca re e r Co n s u l t a n c y

dia shall not be submitted to the vote of Parliament but each House is competent to discuss any of these estimates. No money can be withdrawn from the Consolidated Fund except under an Appropriation Act. The following expenditure shall be expenditure charged on the Consolidated Fund of India: (a) the emoluments and allowances of the President and other expenditure relating to his office; (b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People; (c) debt charges for which the Government of India is liable; (d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court; (ii) the pensions payable to or in respect of the Judges of any High Court; (e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor-General of India; (f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; (g) any other expenditure declared by the Constitution or by Parliament by law to be so charged.

Questions

in

Parliament

Question Hour :- The Question Hour is of 60 minute duration. It is fixed every day from 11.00 AM to 12.00 AM to allow the Members of Parliament to ask question may be directed to the private members with respect to the Bills or motions for which the concerned member is responsible. Every day, the sitting of Parliament begins with the question Hour. The questions are of three kinds : (i)

Starred Questions

(ii) Unstarred Questions (iii) Short-notice Questions Starred Questions :- If a member of either House desires an oral answer to his question, such questions are termed as starred questions. The starred questions are distinguished by putting on a star mark along with the question. The starred questions allow a member to ask supplementary questions, if the answer is not found satisfactory.

Ca re e r Co ns u l t a n c y

charged on the Consolidated Fund of India or the increasing of the mount of any such expenditure; (f) 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 (g) any matter incidental to any of the matters specified in sub clauses (a) to (f). If any question arises whether a Bill is a Money Bill or not, the decision or the Speaker of the Lok Sabha on it shall be final. The following is the procedure for the passing of Money Bills in Parliament. A Money Bill shall not be introduced in the Council of States. Secondly, a Money Bill is introduced only by the Ministers. Private members cannot introduce such bills. Money Bills, like ordinary Bills, go through three readings. After being passed by the Lok Sabha it is sent to the Rajya Sabha for its consideration. A Bill certified by the Speaker as a Money Bill has to be disposed of by the Rajya Sabha within fourteen days. If it is passed by the Rajya Sabha without any change it is returned to the Lok Sabha and sent to the President for his formal assent. If the Rajya Sabha makes one or more changes in it, it is reconsidered by the Lok Sabha. The Lok Sabha is free to accept or reject the changes suggested by the Upper House. When the Bill is again passed by the Lok Sabha it is sent to the President for his assent. If no action is taken by the Rajya Sabha on a Money Bill within fourteen days, it is deemed to have been approved by the Upper House. The Bill is straight away sent for President's assent.

Ca re e r Co n s u l t a n c y

38

Unstarred Questions :- These are questions whose answers are given in writing. These questions do not have star mark and hence called unstarred questions. Their answer is supplied in the written form, which is laid on the floor of the House on the prescribed day. The supplementary questions are not allowed in unstarred questions. Short-notice Questions :- For asking a question in Parliament, a notice has to be given before not less than 10 days. If there is an urgency that a member cannot wait for 10 days, he many resort to short notice question.

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Indian Polity

39

Rajy Rajyaa

Sabha

1. The Council of States or Rajya Sabha is a permanent House and it is not subject to dissolution. After every two years, one-third of its members retire and its same numbers of seats are filled up by new members.

2. The total membership of the Rajya Sabha is 250.

Care e r Co n s ul t anc y

Comparison betw een the P osition between Poow ers and P Position T he Rajy Rajyaa Sabha and T he Lok Sabha Lok

of Sabha

1. The Lok Sabha is not a permanent House. It is dissolved after the expiry of its term of five years. But it can be dissolved before the period of five years by the President on the advice of the Council of Ministers. New Lok Sabha is elected and constituted within a period of 6 months from the date of its dissolution. 2. The maximum strength of the lok Sabha can

It is a representative House of States but the

be 552 members. Out of this, 530 members

States are not represented equally in the Rajya

are elected from the States and 20 members

Sabha. Seats in the Rajya Sabha are allocated to

are elected from the Union Territories. The

different States on the basis of population. Out of

remaining two members are nominated by

the total members of the House, twelve mem-

the President from among the Anglo-Indian

bers are nominated by the President from

community.

amongst the persons having special knowledge science, art and social service. 3. The members of the Rajya Sabha are elected by the legislative Assemblies of the respective States on the basis of proportional representation.

4. The Chairman of the Rajya Sabha is not a member of this House. The Vice-President of India is

Care e r Co ns ul t anc y

or practical experience in the fields of literature,

3. The members of the Lok Sabha are elected by the people directly on the basis of secret vote and universal franchise. For the purpose of election, the population is divided into various constituencies. 4. The Speaker and the Deputy Speaker of the Lok Sabha are the members of the House and are

the ex-officio Chairman of the Rajya Sabha. But

elected by the members of the Lok Sabha them-

the Deputy-Chairman of the Rajya Sabha is

selves.

elected by the members of the Rajya Sabha from amongst its members. 5. The money Bills cannot be introduced in the

5. The Money Bills can be introduced only in the

Rajya Sabha.

Lok Sabha. 6. The Lok Sabha is not bound to accept the rec-

make only recommendations which may or may

ommendations of the Rajya Sabha with respect

not be accepted by the Lok Sabha. The Rajya Sabha

to Money Bills. The Lok Sabha has the real and

is given 14 days time to consider the Money Bills and if it fails to do anything within that period, the Bill is deemed to have been passed in the manner it was passed by the Lok Sabha. 7. The Council of Ministers is not responsible to the Rajya Sabha. Therefore, no-confidence motion cannot be introduced in the Rajya Sabha.

Care e r Co ns ul t anc y

6. With respect to Money Bills, the Rajya Sabha can

final authority in respect of Money Bills.

7. The Council of Ministers is, infact, responsible to the Lok Sabha. It can remove a government from office by passing a resolution of no-confidence.

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Indian Polity

Sabha

8. But the Rajya Sabha exercises certain powers which are not available to the Lok Sabha. It can declares subject included in the State List as a subject of national importance by passing a resolution supported by not less than two-third members present and voting. If a subject of State List is declared of national importance, Parliament gets power to legislate upon such a subject. 9. The Rajya Sabha has the power to create new All India Services by passing a resolution supported by not less than two-third members present and voting. 10. If and when the Lok Sabha is dissolved and the declaration of Emergency is in force, the Rajya Sabha approves such declaration of Emergency. 11. The proposal to remove the Vice-President is initiated only in the Rajya Sabha not in the Lok Sabha.

THE GOVERNOR 

The Governor is appointed by the President.



His term of office is 5 years but he can be removed earlier if the President so desires.

Lok

8. The Lok Sabha does not have any such power to declare a subject of the State List of national importance.

10. The Lok Sabha does not get this opportunity as the Rajya Sabha is not subject do dissolution. 11. Lok Sabha either approves or rejects such proposal to remove the Vice-President but it cannot initiate such proposal. Qualifications :- Only an Indian citizen above 30 years of age is eligible for appointment as Governor of a State Powers and Functions :- The Governor acts as the head of the State Executive and is vested with the following powers:

Allocation of Seats in the Council of States (Fourth

Sabha

9. The Lok Sabha does not enjoy any such power to create new All India Services.

Care e r Co ns ult ancy

Rajy Rajyaa

Care e r Cons ul t ancy

40

1.

He appoints the Chief Minister of

his State and other Ministers on the

Schedule)

To each State or Union Territory specified in the first column of the

advice of the Chief Minister. He also

following table, there shall be allotted the number of seats specified in appoints the Advocate General and the second column thereof opposite to that state or that Union Territory, as the case may be. 1.

Andhra Pradesh

18

16.

West Bengal

16

2.

Assam

7

17.

Jammu & Kashmir

4

3.

Bihar

16

18.

Nagaland

1

4.

Goa

1

19.

Himachal Pradesh

3

5.

Gujarat

11

20.

Manipur

1

6.

Haryana

5

21.

Tripura

1

7.

Kerala

9

22.

Meghalaya

1

8.

Madhya Pradesh

13

23.

Sikkim

1

9.

Tamil Nadu

18

24.

Mizoram

1

10. Maharashtra

19

25

Arunachal Pradesh

1

11. Karnataka

12

26.

Delhi

3

12. Orissa

10

27.

Pondicherry

1

13. Punjab

7

28.

Chhattisgarh

3

14. Rajasthan

10

29.

Jharkhand

6

15. Uttar Pradesh

31

30.

Uttaranchal

3

The Number of Women Elected in Different Lok Sabhas Lok Sabha 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th

Number of elected women MPs 22 27 34 31 22 19 28 44 27 39 39 43 49 44

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Indian Polity Chairman and members of the Public Service Commission of the State. 2. He has the power to grant pardon, suspend, remit or commute sentences over which the power of the State extends. 3. No bill can become a law in his State without his assent 4. The budget of the State is also submitted on his behalf 5. He summons and prorogues the Houses of the State Legislature. He can dissolve the Legislative Assembly. 6. He can issue ordinances, when Parliament is not is session (valid for six week). Council of Ministers :-

The Council of

Ministers in a state is formed by the Chief Ministers in a state is formed by the Chief Minister, who is appointed by the Governor and is, normally, the elected leader of the majority party and

Chief

Care e r Co ns ul t anc y

41 of the members actually present and voting), followed by an Act of Parliament. Composition :-

Legislative Council. The size of

the Legislative Council shall vary with that of the Legislative Assembly, the membership of the Council being not more than one-third of the membership of the Council being not more than one-third of the membership of the Legislative Assembly but not less than 40. Until Parliament legislates on the matter,

Minister

Qualifications :- Normally it is expected that the appointed Chief Minister is a member of the legislature. If not so them he has to get himself elected or nominated to the legislature within six months of his appointment as Chief Minister. Term :- Normally as long as his party enjoys majority and he enjoys the support of his party,

the Composition shall be as given in the Constitution, which is as follows: It will be a partly nominated and partly elected body, the election being an indirect one and in accordance with the principle of proportional representation

which can extend upto a maximum of five years. Powers and Functions :1. The Chief Minister appoints other ministers

by the single transferable

in his Council of Ministers. 2. He is answerable to the Governor for any act of commission or commission done by any individual minister.

of the total number of mem-

3. He can call upon any minister to resign if he so wishes. 4. He presides over the Cabinet Meetings.

nor. Thus,

who heads the Council

vote. Broadly speaking, 5/6 bers of the Council shall be indirectly elected and 1/6 will be nominated by the Gover(a)

1/3 of the total number

of members of the Council shall be elected by electorates

of Ministers.

consisting of members of local bodies, such as

THE STATE LEGISLATURE

municipalities, district boards; (b) 1/12 shall be elected by electorates consisting of

The Constitution provides for the establishment States are bicameral, i.e. they have two Houses of Legislature. Others are unicameral, with only a single House. The Lower House is always known as the Legislative Assembly (Vidhan Sabha) and the Upper House, wherever it exits, as the Legislative Council (Vidhan Parishad). The Constitution provides for the abolition of the Legislative Council in a State where it exists as well as for the creation of such a Chamber in a State where there is none at present, by a simple procedure, namely, a resolution of the Legislative Assembly of the State concerned passed by a special majority (that is, a majority of the total membership of the Assembly not being less than two-thirds

graduates of three years standing residing in the

Ca re e r Co n s u l t a n c y

of a legislature in every State in the Union. Some

State; (c) 1/12 shall be elected by electorates consisting of persons engaged for at least three years in teaching in educational institutions within the State, not lower in standard than secondary schools. (d) 1/3 shall be elected by members of the Legislative Assembly from amongst persons who are not members of the Assembly. (e) The remainder shall be nominated by the Governor from persons having knowledge or practical experience in respect of such matters as literature, science, art, co-operative movement and social service (The courts cannot question the

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42

tion in any case). Legislative Assembly :- The members of the Legislative Assembly are chosen by direct election. No State Assembly can have more than 500 members or less than 60, with the exception of some states such as Sikkim which has only 30. For purpose of election the State is divided into as many territorial constituencies as there are seats in the Assembly. Normally, the number of voters in each

constituency

is

around

1,00,000. The Governor has the power to nominate a member of the Anglo-Indian community if he is of

tion, being the fifteenth State included in the First

Ca re e r Co n s u l t a n c y

bonafides or propriety of the Governor's nomina-

Composition Councils

Schedule of the Constitution, as it stands amended. Nevertheless, the special constitutional position which Jammu & Kashmir enjoyed under the original Constitution has been maintained, so that all the provisions of the Constitution has been maintained, so that all the provisions of the Constitution of India relating to the States in the First Schedule are not applicable to Jammu & Kashmir. Historical Aspect :-

of in

State

Legislative States Total Membership

When the British left India, the State was ruled by a hereditary Maharaja. On the 26th of October, 1947, when the State was attacked by Azad

opinion that they are not ad- 1. equately represented in the Assem- 2.

Bihar

75

Jammu and Kashmir

36

Kashmir Forces with the sup-

bly. Such reservation will cease on 3. the expiration or forty years from 4.

Karnataka

75

port of Pakistan, the Maharaja

Uttar Pradesh

100

(Sir Hari Singh) was obliged to

78

seek the help of India, after

the commencement of the Consti- 5.

Maharashtra

executing an Instrument of

Duration of Legislature :-

The normal life of

the Assembly is five years. But it may be dissolved earlier by the Governor. In case of an emergency, its life may be extended by a law of Parliament for one year at a time but in any case not beyond six months after the proclamation of emergency has ceased to operate. The Legislative Council is a permanent body and renews one-third of its membership after every

Care e r Co ns ul t a nc y

tution.

two years.

to Jammu & Kashmir. This peculiar position was due to the fact that having regard to the circumstances

the Constitution regarding this State was, accord-

less than thirty years of age; and (c) possesses such.

ingly, to be in the nature of an interim arrangement.

Ca re e r Co ns ul t an c y

Other qualifications as may be prescribed in that

'territory of India' as defined in Art.1 of the Constitu-

stitution applicable to Part B States were not extended

Union of India. The applicability of the provisions of

in the case of a seat in the Legislative Council, not

State of Jammu & Kashmir which forms a part of the

cluded as a Part B State all the provisions of the Con-

Constitution of the State and the jurisdiction of the

sembly, not less than twenty-five years of age and,

and special provisions'. Article 370 deals with the

and Communications. But though the State was in-

stituent Assembly, who were to finally determine the

(b) is, in the case of the seat in the Legislative As-

In Part XXI are given 'Temporary, Transitional

respect to the subjects of Defence, External Affairs

State of Jammu & Kashmir, acting through their con-

islature of a State unless he (a) is a citizen of India:

SPECIAL PROVISIONS (PART XXI)

tion of India acquired jurisdiction over the State with

of India had declared that it was the people of the

not be qualified to be chosen to fill a seat in the Leg-

JAMMU & KASHMIR

other Indian States. By the Accession the Domina-

in which the State acceded to India, the Government

Qualification for membership :- A person shall

behalf by or under any law made by Parliament.

Accession similar to that executed by the Rulers of

Special features :- The salient features of the constitutional position of J & K in relation to the Union as modified from time to time as given below. Jurisdiction of Parliament :- Parliamentary jurisdiction is confined to the matters enumerated in the Union List, and the Concurrent List, subject to certain modifications, while it shall have no jurisdiction as regards most of the matters enumerated in

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43

the Concurrent List. In the case of J & K, the residu-

Fundamental Rights and the Directive Prin-

ary power shall belong to the Legislature of that State,

ciples :- The provisions of Part IV of the Constitu-

excepting certain matters, specified in 1969, for which

tion of India relating to the Directive Principles of

Parliament shall have exclusive power e.g., preven-

State Policy do not apply to the State of Jammu &

tion of activities relating to cession of secession, or

Kashmir. The provisions of Part 19 are subject to

disrupting the sovereignty or integrity of India. The

special restrictions Articles 19 (1) (f) and 31 (2)

power to legislate with respect to preventive deten-

have not been omitted, so that the fundamental

tion in J & K belongs to the Legislature of the State

right to property is still guaranteed in this State.

tention made by Parliament will extend to that State. By the Constitution (Application to J & K) Order, 1986, however, Art. 249 has been extended to the State of J & K, so that it would now be competent to extend the jurisdiction of Parliament to that State in the national interest (e.g., for the protection of the borders of the State from aggression from Pakistan or China), by passing a resolution in the Council of States. Autonomy of the State in certain matters :- The plenary power of the Indian Parliament is also curbed in certain other matters, with respect to J & K, e.g., (i) alteration of the name or territories of the State (Art. 3); (ii) international treaty or agreement affecting the disposition of any part of the territory of the State (Art. 253). In these matters, the consent of the State Legislature is required. Similar fetters have been imposed upon the executive power of the Union. Thus no decision affecting the disposition of the State can be made by the Government of India, without the consent of the Government of the State. The Union shall have no power to suspend the Constitution of the State on the ground of failure to comply with the directions given by the Union under Art. 365. In the event of a breakdown of the constitutional machinery as provided by the State Constitution, it is the Governor who shall have the power, with the concurrence of the President, to assume to himself all or any of the functions of the Government of the State, except those of the High Court. The Union shall have no power to make a Proclamation of Financial

Warning : Any copying or Photostating, In full or in Part is Liable for Legal Action

instead of Parliament, so that no law of preventive de-

Separate Constitution for the State :- The State of J & K has its own Constitution (made by a separate Constituent Assembly and promulgated in 1957). Procedure for Amendment of State Constitution :-

While an act of Parliament is required for

the amendment of any of the provisions of the Constitution of India, the provisions of the State Constitution of J & K (excepting those relating to the relationship of the State with the Union of India) may be amended by an Act of the Legislative Assembly of the State, passed by majority of not less than two-thirds of its membership; but if such amendment seeks to affect the Governor or the Election Commission, it shall have no effect unless the law is reserved for the consideration of the President and receives his assent. Furthermore, no amendment of the Constitution of India shall extend to J & K unless it is so extended by an Order of the President under Art. 370 (1). Alteration of the Area/Boundary :- No alteration of the area or boundaries of J & K can be made by Parliament without the consent of the Legislature of the State of Jammu & Kashmir. Qualifications to become a Member of Legislature :- A person can become a member of Legislature if (i) He is not less than 25 years of age (ii) He is an Indian Citizen (iii)He is not declared mentally unsound or insolvent or disqualified in any other way

Emergency with respect to the State of J &K under Art. 360. Furthermore, Emergency (Art. 352) can be

RED TAPISM

applicable to J & K only in the event of war or exter-

Traditionally the paper files used in official work of

nal aggression. The concurrence of the State Legis-

government were tied a red tape. Thus, red tapism refers to

lature is required for emergency on 'armed revolt'.

undue delay in the movement of files or official business due to bureaucratic hurdles at various levels.

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44

Supreme

Court

1. The Supreme Court is a federal court. Its only seat is located at Delhi, Its bench can be established at other places also but so far it has not been established. 2. The judges of the Supreme Court are appointed by the President. 3. A person shall have the following qualification

Ca re e r Co n s u l t a n c y

Comparison betw een the P osition between Poow ers and P Position The Supreme Court and The High Courts High

of Court

1. There is provision for a High Court in each State and each Union Territory but two or more States or two or more Union Territories or States and Union Territories, together, may establish a common High Court. 2. The judges of High Courts are also appointed by the President. 3. A person shall not be eligible to become a judge

to become eligible for appointment as a judge of

of a High Court unless such a person.

Supreme Court – (i) He has been a judge of a High Court for not less

(i) has been a judicial officer for not less than 10

than five years in succession ; Or

years within the territory of India; Or

(ii) He has been an advocate of a High Court for not

(ii) has been an advocate for not less than 10 years

less than 10 years in succession; Or

in a High Court in India.

(iii)He is distinguished jurist in the opinion of the 4. The judges of the Supreme Court retire from their office after attaining the age of 65 years. 5. The President can remove the Chief Justice and other judges on the basis of impeachment motion passed in the Parliament. 6. The salary of the Chief Justice is Rs. 33,000 and that of other judges is Rs. 30,000 per month. 7. The judges of the Supreme Court after their retirement and during their term of office, are not

Ca re e r Co n s u l t a n c y

President. 4. The judges of High Courts retire from their office after attaining the age of 62 years. 5. The judges and the Chief Justices of High Courts are removed from the office by the President in the same manner as adopted in the case of the Supreme Court. 6. The salary of the Chief Justice is Rs. 30,000 and that of other judges is Rs. 26,000 per month. 7. The judges of High Courts cannot plead before any court during the term of their office. After

eligible to plead before any court/authority within

retirement they cannot plead before any court

the territory of India.

below the High Court. That means they can plead only before other High Courts and the Supreme Court.

8. The judges of the Supreme Court cannot be trans-

8. The judges of High Courts can be transferred

ferred nor can they be demoted in office.

from the one High Court to the other High Court and may be promoted as the judges of

decisions of High Courts. 10. The Salary and allowances of the judges of Supreme Court are charged upon the Consolidated Fund of India 11. The cases involving the interpretation of the Constitution are decided only by the Supreme Court.

Ca re e r Co n s u l t a n c y

the Supreme Court. 9. The Supreme Court is not bound to abide by the

9. The High Courts are bound to abide by the decisions of the Supreme Court. 10. The salary and other allowances of the judges of High Courts are charged upon the Consolidated Fund of the States. 11. The cases involving the interpretation of the Constitution are not decided by the High Court.

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1. Original Jurisdiction :- The original jurisdiction of the Supreme Court extends to all those cases, which can originate only in the Supreme Court. These include disputes. (a) between the Government of India and one or more States, or between two or more states; (b) between the Government of India and any State or States on the one side and one or more other States on the other; 2. Appellate Jurisdiction :- The appellate jurisdiction of the Supreme Court extends to those cases which are brought before it in the shape of appeal the judgment of lower courts viz., The High Courts of States. 3. Advisory Jurisdiction :- The Supreme Court may, is sought by the President, extend legal advice to him, which will not be binding upon the President. Judicial Review :- The Supreme Court in India has been vested with the power of judicial review. Judicial review can be defined as the competence of a court of law to declare the constitutionality or otherwise of a legislative enactment. Being the guardian of the Fundamental Rights and arbiter of the constitutional conflicts between the Union and the States with respect to the division of power between them, the Supreme Court enjoys the competence to exercise the power of reviewing legislative enactments both of Parliament and the State's legislatures. The power of the Court to declare legislative enactment invalid is expressly provided by the Constitution under Article 13, which declares that every law in force, or every future law inconsistent with or in derogation of the Fundamental Rights, shall be void. Other Articles of the Constitution (131-136) have also expressly vested in the Supreme Court the power of reviewing legislative enactments of the Union and the States. It has to be recognized at the same time that the Supremacy of the Supreme Court is limited to the field where the legislative power of Parliament is circumscribed by limitations put upon it by the Constitution itself.

THE FEDERAL SYSTEM Nature of the Indian Federal System :- The Constitution says: " India shall be a Union of States: (Art.1). The term 'Union' was used to indicate (a) that

Ca re e r Co n s u l t a n c y

PREME COURT

Ca re e r Co n s u l t a n c y

POWERS AND JURISDICTION OF SU-

Ca re e r Co n s u l t a n c y

45 the Indian federation is not the result of an agreement by the units, and (b) that the component units have no freedom to secede from it. However, the term 'union' does not in itself indicate any particular type of federation. Actually, there is no agreed definition of a federal State. India's constitutional system is basically federal, but with striking unitary features. The Indian Constitution satisfies the following characteristics of a basically federal constitution: (1) Unlike a unitary state, which has only one government, namely, the national government, India has two kinds of governments functioning at two different levels - Union government and the government of each Component State. (2) The constitution of the States has been given by a duly constituted body consisting of the representatives of the Indian people, which have made a clear-cut distribution of powers between the federal government and the state government. (3) The supremacy lies with the Constitution from which both the Union and the State governments derive their authority. (4) The Supreme Court has been entrusted with the responsibility of guarding the distribution of powers between the Centre and the States, and to invalidate any action which violates the limitations imposed by the Constitution.

Peculiar

Features

of

Indian

Federalism

(i) Unitary Aspect :- The government of a country, till the Indian Act of 1935 was passed, was a centralized government and the process that was adopted under the Indian Act of 1935 was that of 'creating autonomous units and combining them into a federation by one and the same Act'. The process for the establishment of a federation in India has to be described as one of movement from the union to the units, rather than from the units to the union. A partition of the country, with the seceding part nurturing a grouse against it, and the uncertainties of the international situation - the emergence of two Super Powers struggling for supremacy over each othermade it necessary for the Indian Constitution to make provisions for the centralization of power. Thus we have the following features. (1) The residuary powers under the Indian Constitution are assigned to the Union and not to the States. (2) The Indian Constitution lays down in considerable detail the Constitution for the States also.

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46

THE HIGH COURTS: SEATS AND JURISDICTION

1.

Bombay

1862

2.

Kolkata

1862

3.

Gauhati

1948

4. 5. 6.

Kerala Chennai Punjab & Haryana Jharkhand Chhattisgarh Uttaranchal

1958 1862 1975

7. 8. 9.

Year of Establishment

2000 2000 2000

Territorial Jurisdiction Maharashtra, Dadar & Nagar Haveli, Goa, Daman & Diu West Bengal, Andman & Nicobar Islands Assam, Manipur, Meghalaya Nagaland, Tripura, Mizoram and Arunachal Pradesh. Kerala & Lakshadweep Tamilnadu & Pandicherry Punjab, Haryana & Chandigarh Jharkhand Chhattisgarh Uttaranchal

Total no. of High Courts in India are 21 (3) Except in a few specified matters affecting the federal structure, the States need not even be consulted in the matter of amendment of the Constitution. (4) The Indian Constitution provides the Union with powers to exercise control over the legislation as well as the administration of the States. There is, of course, a federal element in this provision in as much as such expansion of the power of the Union into the State sphere is possible only with the consent of the Council of States. The Union Government can issue directions upon the State Governments to ensure due compliance with the legislative and administrative action of the Union. The President can withdraw to the Union the executive and legislative powers of a State under the Constitution if he is, at any time, satisfied that the administration of the State cannot be carried on in the normal manner in accordance with the provisions of the Constitution, owing to political or other reasons. Legislation by a State can be reserved by the Governor for his consideration and disallowed by the President, if he so decides. (5) In the case of the Indian Constitution, while the Union is indestructible the States are not. It is possible for the Union Parliament to reorganize the States or to alter their boundaries by a simple majority in the ordinary process of legislation. (6) There is only one citizenship namely, the citizenship of India.

Ca re e r Co n s u l t a n c y

Name

Seat Bombay (Benches at Nagpur, Panji, Aurangabad) Kolkata ( Benches at Port Blair) Gauhati (Bench at Kohima Imphal, Agartala & Shilong Ernakulam Chennai Chandigarh Ranchi Raipur Nainital

(7) The Constitution itself provides for the creation of certain all India services, which are common between the Union and the States. (8) India has a unified judiciary, which Administers both the Union and State laws as might be applicable to the cases coming up for adjudication. Also in matters of election, as well as in accounts and audit, there is a similar integrated machinery. Relations between the Union and the States :Centre-State relations constitute the core of federalism and they are regulated by the provisions of the Constitution. Parts XI and XII deal with the various aspects of Centre-State relations. The division of powers between the Union and the States, as given in the Indian Constitution has a strong bias in favour of the Centre, and various kinds of restrictions imposed upon the States render even the limited sphere of powers awarded to them under the Constitution as practically null and void.

Ca re e r Co n s u l t a n c y

S.

Legislative Relations :- From the point of view of the territory over which the legislation can have effect, the jurisdiction of a State Legislature is limited to the territory of that State. But in the case of Parliament, it has power to legislate for the whole or any part of the territory of India --- i.e. States, Union Territories or any other areas included for the time being in the territory of India. Parliament has the power of 'extra-territorial legislation' which means that laws made by the Union Parliament will govern not only persons and property within the territory of

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Ca re e r Co n s u l t a n c y Ca re e r Co n s u l t a n c y

India but also Indian subjects resident and their property situated anywhere in the world. Only some provisions for scheduled areas, to some extend, limit the territorial jurisdiction of Parliament. As regards the subjects for legislation, there is three-fold division of power in the Indian Constitution. The three lists of subjects are known as Union List, State List and Concurrent List. The Parliament is solely empowered to enact laws on subjects included in the Union List. The State Legislature can make laws on subjects in the State List. Both the Parliament and the State Legislature can make laws on subjects included in the Concurrent List. But in case of a conflict between the Central and State laws, Central law prevails. Residuary powers lie with Parliament, which has, exclusive power to legislate on any matter not enumerated in any of the lists. Under certain circumstances the Central Government can legislate on subjects mentioned in the State List viz., (a) if there is a proclamation of National Emergency; (b) If the Rajya Sabha passes a resolution by twothird majority to the effect that the particular subject is of national importance; (c) when a State is under President's rule; (d) when two or more States make a joint request to Parliament to legislate on a State subject; or (e) in order to implement any international treaty or agreement. Important Subject in the Three Lists :(1) The Union list consists of 97 subjects. The important among these are Defence, Atomic Energy, Foreign Affairs, Diplomatic, Consular and Trade Representations, War and Peace, Citizenship, Railways, Shipping and Navigation, Airways, Aircraft and Air Navigation, Posts and Telegraphs, Currency and Coinage, Inter-State Trade and Commerce, Banking, Insurance, Census, Audit and Accounts of the Union and of the States, and residuary subjects. (2) The important subjects in the State List are Law and Order, Police, Health and Sanitation, Agriculture, Fisheries, Trade and Commerce within the State, Land Revenue and State Public Services, Regulation of Mines and Mineral Development, Industries, Relief of the Disabled and Unemployable, Protection, and Improvement of Stock, Water, Land and Forests.

Ca re e r Co n s u l t a n c y

47 (3) The important subjects in the Concurrent List are Criminal Law and Procedure, Preventive Detention, Marriage and Divorce, Economic and Social Planning. Trade Unions, Industrial and Labour Disputes, Factories, Electricity, Newspapers, Mental Deficiency, Adulteration of Foodstuffs, Drugs, Vocational Training, Legal, Medical and other Professions, Price Control, Education, Administration of Justice, Family Planning. In case there is an overlapping of a matter between the three lists predominance has been given to the Union Legislature. In case of State Law relating to some subject included in the Concurrent List is not in conformity with the Union law, the latter shall prevail, unless the State law had been reserved for the assent of the President and received such assent, in which case the State law would prevail in spite of its being inconsistent with the Union law. (ii) Administrative Relations :- The Indian Constitution is based on the principle that the executive power is co-existence with legislative power, which means that the Union Executive/the State Executive can deal with all matters on which Parliament/ State Legislature can legislate. The executive power over subjects in the Concurrent List is also exercised by the States unless the Union Government decides to do so. The Centre can issue directives to the States to ensure compliance with the laws of Parliament for construction and maintenance of the means of communications declared to be of national or military importance, on the measures to be adopted for protection of the railways, for the welfare of the Scheduled Tribes and for providing facilities for instruction in mother tongue at primary stage to linguistic minorities. The Centre acquires control over States through All India Services, Grants-in-aid and the fact that the Parliament can alone adjudicate in InterState river disputes. In addition there is a provision for the appointment of Inter-State Council to advise the President on Inter-State disputes, though no such Council has been set up so far. During a proclamation of emergency, the Union Government can go to the extent of determining the manner, in which the executive power of the State is to be exercised in any matter whatsoever, which, practically, would amount to bringing the State Government under the complete control of the Union Government without suspending it. Upon a procla-

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(iii)Financial Relations :- Both the Union government and the States have been provided with independent sources of revenue by the Constitution. Parliament can levy taxes on the subjects included in the Union List. The States can levy taxes on the subjects in the State List. Ordinarily, there are no taxes on the subjects in the Concurrent List. In the financial sphere too the Centre is better equipped. The States are greatly dependent on the Centre for finances. The Centre can exercises control over State finances through the Comptroller and Auditor- General of India and grants (general and special). But during financial emergency the President has the power to suspend the provision regarding division of taxes between the Centre and the States. He can also improve various other restraints on the expenses of the States. The Centre is much more powerful than the States and emergency provisions make it too powerful to be subordinated by the State. Finance Commission :- One of the instruments which the Constitution has evolved for the purpose of distributing financial resources between Centre and States is the Finance Commission (Articles 270,273,275 and 280). The Finance Commission, according to Article 280 of the Constitution is consti-

Ca re e r Co n s u l t a n c y

mation of the failure of the constitutional machinery in a State, the President become entitled to assume to himself any or all of the executive power of the State. The powers of the Union Government during a proclamation of financial emergency (never declared so far) are equally comprehensive.

Ca re e r Co n s u l t a n c y

48

Finance Finance Commission

Years of establishment

tuted by the president once every five years and is a high-power body. The duty of the Commission is to make recommendations to the President as to: (a) the distribution between the Union and the States of the net proceeds of taxes the States themselves of the respective shares of such proceeds; (b) the principles which should govern the grantsin-aid of the revenues of the States out of the Consolidated Fund of India; (c) any other matter referred to the Commission by the President in the interests of sound finances. The Chairman of the Commission must be a person having 'experience in public affairs'; the other four members must be from among the following:  A High Court Judge or one qualified to be;  a person having special knowledge of the finances and accounts of the government;  a person having wide experience in financial matters and administration;  a person with special knowledge of economics. Some Details of Distribution :(i) Taxes which are exclusively central, and the revenues from which are wholly appropriated for the use of the Central Government form one group. These include export duties, corporation tax, taxes on the capital value of the assets, exclusive of agricultural land of individuals and companies. (ii) Income tax constituting a separate category, in as much as while it is the Centre, which levies, fixes rates and collects the tax, it has to share to proceeds

Commissions

Name of the Chairman

Period of implementation of Report

Year of Submitting Report

First

1951

K. C. Niyogi

1952–57

1952

Second

1956

K. Santhanam

1957–62

1956 & 1957

Third

1960

A. K. Chanda

1962–66

1961

Fourth

1964

P. V. Rajamannar

1966–69

1965

Fifth

1968

Mahavir Tyagi

1969–74

1968 & 1969

Sixth

1972

Brahamanand Reddy

1974–79

1973

Seventh

1977

J. M. Shelot

1979–84

1978

Eighth

1983

Y. B. Chavan

1984–89

1983 & 1984

Ninth

1987

N. K. P. Salve

1989–95

1988 & 1989

Tenth

1992

K. C. Pant

1995–2000

1994

Eleventh

1998

A. M. Khusro

2000–2005

2000

Twelfth

2002

C. Rangarajan

2005–2010

2004

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Indian Polity

(iii)Union duties of excise other than duties which have been given to States, which may be shared if Parliament has so decided. The Constitution has left it to the discretion of Parliament to decide by law whether any of the union duties of excise should be shared with the States, how these are to be shared, and how the shares are to be distributed to the States. (iv) Taxes which are to be levied and collected by the Centre, but to be distributed entirely (except for those proceeds which are attributable to the Union territories) to the States in accordance with such principles of distribution as may be laid down by Parliament by law. These taxes consist of succession and estate duties; terminal taxes on passengers and goods carried by rail, sea or air; taxes on railway fares and freights; taxes on the sale or purchase of newspapers; sale or purchase taxes on inter-state trade. (v) Taxes levied by the Centre but collected by the States and appropriated by them for their own use. They are stamp duties and excise duties on medicinal and toilet preparations containing alcohol; in connection with these two taxes, the centre only levies the tax, and fixes the rate of duty to be paid on the alcohol contained in the medical and toilet preparations but each State collects the tax and appropriates it for its own purpose.

eral of India are appointed by the President. Term :- His term is fixed for six years. Independence :- The constitution has made the following provisions to safe guard and ensure the independence of CAG.  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 the office till the pleasure of the President, though he appoints him.  He is not eligible for further office, either under the Govt. of India or of any state, after he cease to hold his office.  The President shall determine his salary and other service condition.

Grants and Loans :- Besides the devolution of revenues the Union meets the financial needs of the State in two other ways : (i) by making grants-in-aid of State revenues and other grants, and (ii)by giving loans.

 Neither his salary nor his rights in respect of leave of absence, pension or age of retirement shall be altered to his disadvantage after his appointment.  The condition of service of persons serving in the Indian Audit and Accounts Deptt. and the administrative powers of the CAG shall be prescribed by the President after consultation with the CAG.  The administrative expenses of the office of the

Ca re e r Co n s u l t a n c y

Autonomous Offices Under the Constitution :The prominent offices and commissions created under the Indian Constitution are : 1. The Comptroller and Auditor General of India, Art 148 2. The Attorney General of India, Art 76 3. The Finance Commission, Article 280 4. The Election Commission. Art. 324 5. Union Public Service Commission, Art 312 1. The Comptroller and Auditor General of India :The office of the Comptroller and Auditor General of India (Art 148) is one of the important offices created under the Constitution. He is the head of the Indian

Audit and Accounts Department and acts as the guardian of the public finances. He audits all the expenditure from the revenues of the Union or the States incurred in India or outside, and examines all the loss accounts and balance sheets kept under the orders of the President of India or the Governor of the State. He has to ensure that no money is spent without proper sanction of the Parliament or the State Legislature. This is the reason why Dr. B R Ambedkar said that the CAG shall be the most important officer under the Constitution of India. He is one of the bulwarks of the democratic system of Govt. in India; the other being the Supreme Court, the Election Commission and the UPSC. Appointment :- The Comptroller and Auditor-Gen-

Ca re e r Co n s u l t a n c y

with the States as prescribed by the President on the basis of the recommendations made by the Finance Commission.

Ca re e r Co n s u l t a n c y

49

CAG, including all salaries, allowances and pensions of persons serving in that office, shall be charged upon the consolidated Fund of India. Thus, they are not subject to the vote of Parliament. 2. The Attorney General of India (Art 76) :- The Attorney General of India is the Chief legal adviser to the Government of India, who renders necessary legal assistance to the Government. He is appointed by the President of India on the advice of the Prime Min-

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Indian Polity

50

ister. The Constitution clearly provides that only such

Court (Art. 324). In India elections are conducted by

person can be appointed as the Attorney General of

an independent constitutional agency known as the

India who possesses the following qualifications:

Election Commission. Art.324 of the Indian Consti-

(a) He must be a citizen of India;

tution says 1. The Superintendence, direction and control, the

(b) He must have been a judge of a High Court for at

preparation of the electoral rolls for, and the con-

least 10 years; or

duct of all elections to the parliament, state legis-

(c) He must have been an advocate of High Court for

lature and the elections to the office of the Presi-

at least 10 years.

dent and the Vice President held under the Indian

termined by the President.  Although he is not a member of the either house of the Parliament, he enjoys the right to attend and speak in the parliamentary deliberations and meetings of both the houses, without a right to vote.  The retainer of the Attorney General is equal to the salary of a judge of a Supreme Court.  He is assisted by two solicitors - general and four assistant solicitor - general.  The Attorney General holds the office during the pleasure of the

President, and receives remu-

neration as the President may determine. 3. Finance Commission :It is a body of five experts including a chairperson constituted under Article 280 of the Constituted of India. The primary mandate of the Commission is to recommend a formula for sharing net proceeds of tax revenues of the Centre with the states, principles which should govern the transfer of grants-inaid of the revenues of the states out of the Consolidated Fund of India and measures required to augment the Consolidated Fund of Individual states during a five-year period. The 1st Finance Commission was constituted on November 1951. The Constitution requires the president to constitute a fresh panel every fifth year or earlier. 4. Election Commission :- Election Commission is to supervise and control all matters relating to elections to the Parliament and State Assemblies and to the office of the President and Vice-President (Art. 324). The Election Commission may consist of the Chief Election Commissioner and such other Election Commissioners as the President may appoint from time to time, when any other Election Commissioner is appointed, the Chief Election Commissioner shall function as the Chairman of the Election Commission. The Chief Election Commissioner cannot be removed from office except in the same manner and on the same grounds as a judge of the Supreme

Warning : Any copying or Photostating, In full or in Part is Liable for Legal Action

 He is not paid a salary but a retainer that is de-

Constitution shall be vested in the Commission. 2. The election Commission shall consist of the Chief Election Commissioners, and such number of other election Commissioner if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner (CEC) and the other Election Commissioners shall subject to the provisions of any law made in the behalf by Parliament be made by the President. Until 1989, the Election Commission was a onemember commission. In 1989, the President appointed two Election Commissioners, but after two and half months the Presidents notification was withdrawn and the newly appointed Election Commissioner were removed from office. The

then

Chief

Election

Commissioner,

T.N.Sheshan challenged the Govt. decision to appoint two election Commissioners in Supreme Court. The Supreme court, however declare that," the question whether it is necessary to appoint other Election Commissioner besides the CEC is for the Govt. to decide and it is not a justiciable matter. Representation of People's (2nd Amendment Bill) 1996 provides for : Reduce campaign period from 24 days to 14.  Disallow candidates to contest from more than 2 constituencies.  Adjourn, not Countermand, election in the event of death of a candidate.  Those burning national flag cannot contest election.  Security deposits increased for Lok Sabha from 500 to 10000 and for Assembly form 250 to 5000 Rupees.  Independent Candidates has to be supported by at least 10 elections.  EC must hold polls within 6 months of vacancy of seat except when life of house is less than one year of if EC certifies that it would be difficult to hold by -election within the period.

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Indian Polity

51

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

Election

Sukumar Sen K. V. K. Sundaram S. P. Sen Verma Dr. Nagendra Singh T. Swaminathan S. L. Shakdhar R. K. Trivedi R. V. S. Perishastri Smt. V. S. Rama Devi T. N. Sheshan M. S. Gill J. M. Lyngdoh T. S. Krishna Murti B.B. Tandon

: : : : : : : : : : : : : :

Commissioners March 21 1950 December 19, 1958 September 30, 1967 September 30, 1972 February 6, 1973 June 18, 1977 June 18, 1982 January 1, 1986 (Acting) Nov. 15, 1990 December 12, 1990 December 12, 1997 June 14, 2001 Febuary 8, 2004 April 25, 2005

–– –– –– –– –– –– –– –– –– –– –– –– –– ––

seats in Vidhan Sabha OR It must get atleast 3% of total seats of atleast three seats (Whichever is more) in the Vidhan Sabha. Political parties are allotted symbols after having been recognised as National or State parties. At present, there are five political parties recognised as National parties. These parties are : 1. Congress (I) 2. Communist Party of India 3. Communist Party of India (Marxist 4. Bhartiya Janata Party 5. Bahujan Samaj Party. Also there are 50 parties recognised as State parties at present. The number of recognised parties keeps on changing on the basis of their performance in the elections. 5. Union Public Service Commission :- Art 312 The chairman and other members of the Union Public Service Commission are appointed by the President and they hold office for a term of 6 years from the date of appointment of until they attain the age of 65 years,

Ca re e r Co n s u l t a n c y

Chief

whichever is earlier. They are independent of the executive and the legislature in the same way as the judge of the Supreme Court. The main function of the commission is to conduct examination and hold interviews for making appointments to the various services of the Union. Chairman - Sayyid Raza Hashim Provisions regarding the Public Service Commission are contained from Article 315 to Art 323 Functions :- The UPSC performs the following functions:  It conducts examinations for the All India Services, Central Services and Public services of the centrally administrated territories.  It assists the state (if requested by two or more states to of India do) in framing and operating December 19, 1958 schemes of joint recruitment for September 30, 1967 any services for which candidates September 30, 1972 possessing special qualifications February 6, 1973 are required. June 18, 1977  It serves all or any of the June 18, 1982 needs of a state on the request December 31, 1985 of the State Governor and with November 15, 1990 the approval of the President of December 12, 1990 India. December 11, 1997  It advices the President of June 13, 2001 India on all disciplinary matters February 7, 2004 affecting a person serving under April 24, 2005 the Govt. Of India. This include till date Censure, Withholding of increments or promotions, Recovery of pecuniary loss, Reduction to lower Service or rank, Compulsory Retirement, Removal from Service, Dismissal from Service. Independence :- The constitution has made the following provisions to safe guard and ensure the independent and impartial functioning of the UPSC.  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 the security of tenure.  The conditions of the Service of the chairman or a member, though determined by the President, cannot be varied to his disadvantage after his appointment.  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

Care e r Co ns ult ancy

 The Union Cabinet decided to carrying out the delimitation exercise on the basis of the 2001 census and Delimitation Act 2002 to be amended to raise the ceiling on election expenditure for the Lok Sabha to Rs. 25 lakhs against the present Rs. 15 lakhs per constituency. In the case of assembly constituencies, the limit is Rs. 10 lakhs per constituency with adjustments in the case of smaller States. Recognition as a State Party :- To get recognition as a State Level Party, a political party must get atleast 6% of total valid votes polled in the Lok Sabha or the Vidhan Sabha election and also must win two

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Indian Polity Public Service Commission (315–323) :- Chairman and members are appointed by the Governor. Term -6 years or till they attain the age of 62 years. Can resign by addressing a letter to the President. Only President can make a reference to the Supreme Court and make an order for their removal. Governor has only the power to pass an interim order of suspension. Thus members of State Public Service Commission are appointed by governor but removed by President.

Ca re e r Co n s u l t a n c y

52

ing Panchayati Raj System in the country. Its main recommendations are:

Ca re e r Co n s u l t a n c y

the local people in the implementation of the plants.

be constituted at these levels viz. Gram Panchayat,

 There should be regular social audit by a district

The other notable recommendations of the com-

level agency and by a committee of legislators to

mittee include (i) genuine transfer of power and re-

check whether the funds allotted for the vulner-

Mehta Committee were accepted by the Union Gov-

Ca re e r Co n s u l t a n c y

sponsibility to these institutions and all social and

Balwant Rai Mehta Committee :- Balwant Rai

the state level.  The Zila Parishad should be the executive body

financial sources.

the light of those fundamentals.

dations of the

tralization under the popular supervision below

pulsory powers for taxation to mobilize their own

try and were to be free to evolve their own pattern in

sibilities should be made in future. The recommen-

lages comprising a population of 15,000 to 20,000  A district should be the first point for the decen-

 The Panchayati Raj institutions should have com-

troduction of uniform system throughout the coun-

ther devaluation and dispersal of power and respon-

Mandal Panchayat consisting of a group of Vil-

litical parties at all the levels of Panchayat elections.

sources of its own. The Committee did not favour in-

discharge their responsibilities effectively; (iii) fur-

Parishad at the District level, and below it, the

 There should be an official participation of the po-

velopment programmes and adequate financial re-

should be provided to these bodies so that they may

be replaced by two tier system, that is, the Zila

trict level.

grant of definite powers to plan and implement de-

channelised through them; (ii) adequate resources

 The three tier system of the Panchayati Raj should

and be made responsible for planning at the dis-

the Panchayat Samiti and the Zila Parishad. It favored

economic development programmes should be

Maharashtra, Punjab, Tamil Nadu, U.P and West Ben-

ommendations to revive and strengthen the declin-

Five Year Plan sought to secure the co-operation of

village the block and the district, there bodies should

by Andhra, Bihar, Gujarat, Himachal Pradesh,

submitted its report in Aug 1978 and made 132 rec-

nity Development Programme in 1952. The Second

three main administrative levels in the country side-

tem of Panchayati Raj on 2nd October 1959, followed

tutions under the chairmanship of Ashok Mehta. It

the Five Year Plan and the launching of the Commu-

rural work. It suggested that corresponding to the

Rajasthan was the first to adopt three-tier sys-

Ashok Mehta Committee :- In Dec 1977, the Janta

tached to the Panchayat System after the adoption of

1957, in which it favored popular association in the

Panchayati raj institutions.

Govt appointed a Committee on Panchayati Raj insti-

ise village panchayats. Great importance was at-

Rai Mehta. The Committee submitted its report in

which paved the way for the launching of the

tails in different states.

tion several state governments took steps to organ-

tension Service under the Chairmanship of Balwant

National Development Council in January 1958,

system even though, if considerably differed in de-

In pursuance of the directives of the Constitu-

team to study Community Projects and National Ex-

ments. These recommendations were approved by the

gal. Gradually, the other states also introduced the

A NOTE ON PANCHAYATI RAJ

In January 1957, the Government of India set up a

ernment as well as majority of the State govern-

able social and economic groups are actually spent on them.  The state govt. should not supersede the Panchayati Raj Institutions. In case of imperative super session, election should be held within the six months from the time of super session.  The Nyaya Panchayats should be kept as separate bodies from that of development Panchayats. They should be presided over by a qualified judge.

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Indian Polity G V K Rao Committee :- The committee on Administrative arrangement for the rural development and the poverty Alleviation Programmes under the chairmanship of G V K Rao was appointed by the planning Commission in 1985. The committee came to the conclusion that the developmental proc-

Salary

and

Perks

Ca re e r Co n s u l t a n c y

53 constitutional provisions to ensure regular, free and fair elections to the Panchyati raj bodies.  Nyaya Panchayats should be established for clusters of Villages.  The village should be organized to make the gram Panchayats more viable. It also emphasized the importance of the Gram Sabha and called it as the embodiment of direct democracy.

 President

: Rs. 50,000/-

 Vice President

: Rs. 40,000/-

ernment under the prime ministership of P.V.

 Governor

: Rs. 36,000/-

Narasimha Rao once again considered the matter of

 Chief Justice (S.C.)

: Rs. 33,000/-

the constitutionalisation of panchayati raj bodies. It

 Judges (S.C.)

: Rs. 30,000/-

drastically modified the proposals in this regard to

 Chief Justice (H.C)

: Rs. 30,000/-

delete the controversial aspects and introduced a con-

 Judges (H.C.)

: Rs. 26,000/-

 Lok Sabha Speaker

: Rs 40,000/-

stitutional amendment bill in the Lok Sabha in Sep-

 Prime Minister & Ministers

: Rs. 12000/-

 Minister of State

: Rs. 12000/-

 Deputy Minister

: Rs. 12000/-

from the Panchayati Raj. The committee made the following recommendation:  The district level body, that is, the Zila Parishad should be of pivotal importance in the scheme for democratic decentralization.  Some of the planning functions at state level should be transferred to the district level planning units for effective decentralized district planning.  A post of the District development Commissioner

tember, 1991. This bill finally emerged as the 73rd Constitutional Amendment Act, 1992 and came into force on 24, April 1993. Rajasthan was the first state to establish

Ca re e r Co n s u l t a n c y

ess was being gradually bureaucratized and divorced

(1986) differed from the Dantwala Committee Hanumantha Rao Committee Report on the Dis-

this purpose, a new chapter should be added in the Constitution of India. It also suggested some

Ca re e r Co n s u l t a n c y

trict Planning (1984)

tutionally recognized, protected and preserved. For

Golaknath Case :- On Feb. 27, 1967, the Supreme Court in I.C. Golaknath and other v. state, delivered a historic 6 to 5 majority judgment holding: ' Parliament will have no power form the date of this deci-

Background :- In 1972, a batch of six writ petitions were filed in the Supreme Court of India by

Report on the Block level planning (1978) and the

 The Panchayati raj institutions should be Consti-

states adopted the system.

Kesavanand Bharati Case

 In this respect the G V K Rao Committee report

M Singhvi. Its major recommendations are:

adopted the system in 1959. Thereafter, most of the

Supreme Court's Judgment in

the district level.

racy and development' under the Chairmanship of L

Rajasthan was followed by Andhra Pradesh, which also

rights enshrined therein '.

incharge of all the developmental departments as

zation of the Panchayati Raj institutions for democ-

Prime Minister on 2 October, 1959, in Nagaur district.

tution so as to take away or abridge fundamental

tive officer of the Zila Parishad should be the

Government appointed a committee on the 'revitali-

Panchayati Raj. The scheme was inaugurated by the

sion to amend the provisions of Part III of the Consti-

should be created. He should act, as chief execu-

L M Singhvi Committee :- In 1986, Rajiv Gandhi

Narasimha Rao Government :- The Congress Gov-

Swami Kesavanand Bharati, head of a religious match in Kerala, two former Indian princes, and two coal-mining companies and others. Main Issues :- In the writ petitions filed in the Supreme Court of India by Kesavanand Bharati and others, the main issues at stake were: (a) The right of parliament to amend the Constitution, (b) If Parliament has that right, whether the exercise by it of that right is subject to any inherent or implied restrictions, (c) whether the Parliament can delegate the power to amend the Constitution to any State Legislature, (d)

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Indian Polity Where precisely do legal and political sovereignty reside? Majority Verdict: On behalf of the 13-member Bench which, heard the writ petitions, nine judges signed a document setting forth what was described as the majority view which, was summed up as follows: (1) Golaknath's case is overruled. (2) Article 368 does not enable Parliament to alter the basic structure or framework of the constitution.

Relations

Between

the

Union

and

Ca re e r Co n s u l t a n c y

54

the States (P ar t XI and XII (Par

can legislate on subjects mentioned in the State List viz. (a) if there is a proclamation of national emergency; (b) if the Rajya Sabha passes a resolution by two-third majority to the effect that the particular subject is of national importance;

Adjournment Motions :- At the end of the ques-

(c) when a state is under President's rule; (d) when two or more states make a joint request to Parliament to legislate on a state subject; or

Land Revenue and State Public Services, Regu-

make a brief statement or ask for time to make a statement at later hour or date. A motion of this nature is known as a call-attention motion.  Censure Motion :- It means a motion of no confidence in a government.  Cut Motion :- It is a device, which members can

the Demand be reduced by a specific sum.  No-Confidence Motion or No-Trust Motion :- is a motion, if allowed is debated upon. At the conclu-

Ca re e r Co n s u l t a n c y

(ii) State List :- The important ones are Law and Order, Police, Health and Sanitation, Agriculture, Fisheries, Trade and Commerce within the State

may, with prior permission of the Speaker, call the attention of a minister to any matter of 'Urgent public importance' and the minister may

the cut motion is that 'the amount of the Demand be reduced to Re1'. The other type of cut motion is termed as 'Economy cut' and according to it

subjects. The important among these are Defence, Atomic Energy, Foreign Affairs, Diplomatic, Consular and Trade Representations, War and

State Trade and Commerce, Banking, Insurance, Census, Audit and Accounts of the Union and of the States, and residuary subjects.

urgent public importance'. Such a move is called an Adjournment Motion.  Call-attention Motion :- A Member of Parliament

employ to reduce the amount of a Demand. It may be done either by refusing the Demand, which is called a disapproval of policy cut. In such cases,

(e) in order to implement any international treaty or agreement. Important Subjects in the Trade Lists: (i) Union List: The Union list consists of 97

Peace, Citizenship, Railways, Shipping and Navigation, Airways, Aircraft and Air Navigation, Posts and Telegraphs, Currency and Coinage, Inter-

Disputes, Factories, Electricity, Newspapers, Mental Deficiency, Adulteration of foodstuffs, Drugs, Vocational Training, Legal, Medical and

tion hour in Parliament any number they're of many tables a motion seeking adjournment of the House 'for the purpose of discussing a definite matter of

Ca re e r Co n s u l t a n c y

Parliament i.e. has exclusive power to legislate on any matter not enumerated in any of the lists. Under certain circumstances the Central Govt.

are Criminal Law and Procedure, Preventive Detention, Marriage and Divorce, Economic Social Planning, Trade Unions, Industrial and Labour

'MOTIONS' IN PARLIAMENT

Legislative Relations :- There is a three-fold division of powers in the Indian Constitution. There are three lists of subjects known as Union List, State List and Concurrent List. But in case of a conflict between the central and state laws, central law prevails. Residuary powers lie with

Protection and Improvement of stock. Water, Land and Forests etc. (iii) Concurrent List :- The important among them

other Professions, Price Control, Education, Administration of Justice, Family Planning etc.

Introduction :- Centre-State relations constitute the core of federalism, and they are regulated by the provisions of the Constitution. (i)

lation of Mines and Mineral Development, Industries, Relief of the Disabled and Unemployable,

sion of such a debate a vote of confidence is sought by the Government and if it fails to get the required majority of vote it has to submit its resignation forthwith.  Privilege Motion :- is a motion moved by a member if he feels that Minister has committed a breach of the House or of any one or more of its members by withholding the facts of a case or by giving a distorted version of facts etc.

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Indian Polity  Adjournment :- When a sitting of an assembly is discontinued to be resumed after some time, it is a temporary adjournment. When time of resumed sitting is not specified, it is called adjournment sine die. A sitting can be adjourned by the Presiding Officer of the Assembly according to the rules framed by the Assembly in this behalf or on a resolution being passed by it.

Ca re e r Co ns ul t anc y

55 ule as a result of the dissolution of a State Legislature before it has been in existence for its normal span of life. Question Hour :- When Parliament is in session, the proceedings usually start each day with Question Hour. Members can ask for oral or written replies to their questions on every aspect of adminis-

tration and government policy in both national and  Bicameral States :- are those States which like international spheres. Each member is allowed a Union Government quota of five ad14th Lok Sabha, Party Position Soon After the Election have to Houses of mitted quesLegislature as  Indian National Congress (INC) against unicameral  Bharatiya Janata Party (BJP) States which have  Communist Party of India (Marxonly one House of ist) [CPI(M)] Legislature.  Samajwadi Party (SP)  By-Election :- elec-  Rashtriya Janata Dal (RJD) tion to a seat ren-  Bahujan Samaj Party (BSP) dered vacant during  Dravida Munnetra Kazhagam the running term of an elected person. This might occur on resignation, death



Shiv Sena (SS)

tions per day. The final admis-



Biju Janata Dal (BJD)

sibility of a ques-



Communist Party of India tion is decided (CPI) by the Speaker.



Nationalist Congress Party

(DMK)

(NCP) 

Shiromani Akali Dal (SAD)

Sabha

edly recorded without the voters having been

BJD, CP I,

Lame-duck Session :- It refers to the last

INC, 145

BJP ,

14th

138

Lok

briefed in advanced by party whips.

or any other subsequent disqualification of the member originally elected.  Crossing the Floor :- When a member of a Parliament or a legislature leaves the opposition to

CP I(M), 43

SP, 36

RJD, BSP , DMK, SS, 24 16 19 12

Gallup Poll :- A system. Introduced by Dr. Gallup of the U.S.A. for testing public opinion on topical subjects by subjects by taking a test poll on questions framed to elicit opinions. Gerrymandering :- Connotes a wavy or irregular redistribution of electoral constituencies so as to give undue advantage to a particular political party. Mid-term poll :- is an election held out of sched-

Ca re e r Co n s u l t a n c y

cast their votes on either side without regard to party affiliations.

11

10

NCP , SAD, 9 8

session of the existing Lok Sabha, after a

new Lok Sabha has been elected. Those members of the existing Lok Sabha

join the party in power or vice versa, he or she is said to have defected or crossed the floor.  Cross-voting :- Cross-voting is said to have occurred when member of the party in power and the party in opposition break these barriers and

Snap Vote :- A snap vote is voting unexpect-

who could not get re-elected to the new Lok Sabha are called lame-ducks. 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.

IMPORTANT AMENDMENTS TO THE INDIAN CONSTITUTION Ist Amendment (1951) :- Nothing shall prevent the State from imposing reasonable restrictions on speech in the interest of the security of the State,

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Indian Polity friendly relations with the foreign States, public order, decency or morality or in relation to the contempt of court or defamation or incitement to violence. It also empowered the State to make any special provisions for the socially and educationally backward classes of citizens, i.e. the Scheduled Castes, and the Scheduled Tribes. The right to property was so restricted as not to invalidate any law providing for the acquisition by the State of any landed estate on the ground that such law is consist with any of

Ca re e r Co n s u l t a n c y

56 of the High Court to invalidate them on the ground of unconstitutionality. It provided that (a) the Supreme Court could not declare any State law unconstitutional unless in such proceedings the constitutionality of the central law was also involved; and (b) the High Court could not strike down a Central law as unconstitutional.  A law made to implement any of the Directive Principles of State Policy could not struck down by the Supreme Court or the High Court on the

the fundamental rights. The validity of such acqui-

ground that it violated any of the Fundamental

sition laws as had already been passed was secured

Rights.  A Central or State law could not be declared

by listing them in a new Schedule (9th Schedule)

invalid unless not less than two-thirds of the

added to the Constitution.

judges hearing the case held the same to be con-

18th Amendment (1966) :- It enabled the bifur-

stitutionally invalid.

cation of Punjab, i.e. the creation of Punjab and

 It provided that no amendment of the Constitu-

Haryana. Besides, some areas from the erstwhile

tion could be challenged in any Court.

Punjab were merged into Himachal Pradesh.

 Directive Principles of State Policy were given

21st Amendment (1967) :- Sindi was included in 36th Amendment (1975) :- By this Amendment Sikkim became the 22nd State of the Indian Union 41st Amendment (1976) :- It raised the retiring age of the State Public Commission members from 60 to 62 42nd Amendment (1976) :- This Amendment brought about drastic changes in the Indian Constitution. The Amendment Bill was passed at a time

precedence over the Fundamental Rights.

Ca re e r Co n s u l t a n c y

the VIII Schedule as the 15th Indian language

ule, which contains the Lists of Subjects. Cer-

Parliament and State legislatures were equally

gards the competence of the Supreme Court and

tain subjects, including Education, were trans-

Ca re e r Co n s u l t a n c y

tion between Central laws and State laws as re-

 It made it explicit that the President would be

 Some changes were made in the Seventh Sched-

tral laws and State laws as regards judicial review;

Amendment, for the first time, made a distinc-

and indulgence in anti-national activities.

Amendment Act.

stitution, no distinction was made between Cen-

law irrespective of the source of such law. The 42nd

hibit the formation of anti-national associations

ties for citizens formed an important part of the

of judicial review of laws. Under the original Con-

larly, a High Court has the power to invalidate any

State legislatures to make laws to prevent or pro-

 The incorporation of a set of Fundamental Du-

 The 42nd Amendment Act narrowed down the scope

tune with any provision of the Constitution. Simi-

 It empowered Parliament, to the exclusion of

years.

constitution'. Its main provisions.

ment or of the State legislature if it was not in

Government.

islatures was extended from five years to six

the 42nd Amendment Act came to be called a 'mini-

Court was competent to invalidate a law of Parlia-

any State, irrespective of the wishes of the State

 The term of the Lok Sabha and of the State Leg-

bars. Because of its wide sweep and drastic nature,

tution on their law-making power. The Supreme

to meet any 'grave situation of law and order' in

bound by the advice of the Council of Ministers.

when most of the opposition leaders were behind the

subject to the limitations imposed by the Consti-

 It empowered the Centre to send its armed forces

ferred to the Concurrent List.  A change was made in the Preamble to the Constitution. Instead of the words, 'Sovereign Democratic Republic' the words

'Sovereign Socialist

Secular Democratic Republic' was substituted. 44th Amendment (1978) :(1) A Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or armed rebellion.

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Indian Polity (2) Fundamental rights to life and liberty cannot be suspended even during the Emergency. (3) The right to property, a Fundamental Right, was taken away and now it is only a legal right. (4) The President's position, declared by the 42nd Amendment that he was bound by the advice of the Council of Ministers (Article 74), was not changed, but the President was given the option of asking his Ministers to reconsider their advice.

Ca re e r Co n s u l t a n c y

57 states should be 12 instead of seven as provided in the bill. 100th Amendment (2003) :- The Parliament has passed the 100th Amendment bill to include Bodo, Dogri, Maithli and Santhali languages. Now the total number of scheduled languages in the country is 22 from 18.

RESERVATION FOR WOMEN A Constitution Amendment Bill- known as the

52nd Amendment (1985) :- It put a ban on defec-

Constitution (81st Amendment) Bill, 1996-- seeking

tions and gave for the first time legal recognition to

to ensure 33% reservation for women in Parliament

political parties.

and State Legislatures was introduced in the Lok

54th Amendment (1986) :- It increased the sala-

Sabha on Sept. 12, 1996. In amending the Constitu-

ries of Supreme Court and High Court judges the

tion, the Bill introduced a new provision, Article 330

salary of the Chief Justice of India was increased

A, according to which 'not less than one-third of the

from Rs. 5,000 to Rs. 10,000. The salaries of High

total number of seats reserved for Scheduled Castes

Court Chief Justices and Supreme Court Judges were

and Scheduled Tribes, be reserved for SC/ST women.

of High Court Judges have been raised from Rs. 3,500 to Rs. 8,000. 61st Amendment (1989) :- It reduced voting age from 21 years to 18 years for the Lok Sabha and Assembly elections. 68th Amendment (1991) :- amendment pertained to the extension of President's rule in Punjab. 71st Amendment (1992) :- The act amends the 8th Schedule to the Constitution to include Konkani,

Ca re e r Co n s u l t a n c y

increased from Rs. 4,000 to Rs. 9,000. The salaries

LAW COMMISSION REPORT There should be a 'separate cadre of investigation agency in every district subject to supervision by the higher authorities', the Law Commission, headed by Mr. Justice M. Jagannadha Rao, a former judge of the Apex Court has recommended in its report, with a view to ensuring 'speedy trails' of criminal cases envisaged within the meaning of Article 21 of the Constitution. Article 21 deals with recently fundamental rights to life and personal liberty. In this

Manipuri and Nepali Languages in the 8th Schedule

regard, an officer of 'such (investigation) agency'

of the Constitution.

should be 'incharge of the case' throughout till the

73rd Amendment (1992) :- To ensure direct elec-

conclusion of trial.

tion to all seats in Panchayats; to reserve seats for

Law Minister of India :- H.R. Bhardwaj

SCs and STs in proportion to their population; and

Chief Justice of India :- R.C. Lahoti

for reservation of not less than one third of the seats

Election Commissioner :- N. Gopalaswami

in Panchyats for women.

(earlier he was home secretary) Election Commissioner :- Navin B. Chawla

74th Amendment (1992) :- To ensure direct elec-

Chief Election Commissioner :- B. B. Tandon

86th Amendment (1995) :- To facilitate reservation of seats for promotions of the Scheduled Castes and Tribes employees in the government. 97th Amendment (2003) :- 97th Amendment through Anti Defection Law. The Committee was of the view that the size of a council of Ministers including the Chief Minister in a state should be 15% of the total members of the legislative assembly and the minimum number of Ministers in the smaller

Ca re e r Co n s u l t a n c y

tion to all seats in Nagarpalikas and Municipalities.

Capital :- Capital is New Delhi, National Capital Region comprise of territory from Delhi, U.P., Haryana and Rajasthan. State Emblem :- Lion Capital of Ashoka found at Sarnath. National

Song

:-

Vande

Mataram

by

Bankimchandra Chatterjee. National Flag :- Horizontal Tricolor of deep saffron at the top, white in middle & dark green

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Indian Polity at the bottom in equal proportion. (Length: Width =3.2).

Wheel (with 24 spokes) is at the

enter of the flag. National Calendar :- Saka Era. National Animal :- Tiger. National Flower :- Lotus. National Bird :- Peacock. National Game :- Hockey. Tenure and Removal of Governors :- Article 156

Ca re e r Co n s u l t a n c y

58

of the Constitution says that the Governor shall hold office during the pleasure of the President. Subject to this rule, the tenure of the office of the governor is fixed for five years from the date on which he enters upon his office.

He may be removed from his

office at any time by the President.

The President

acts on the advice of the Cabinet.

The Governor

may, however, resign his office by writing to the President. The five years term provided for the Govpleasure by President under clause. (1) Of Art. 156. Thus it lies within the power of the President to terminate in his discretion the term of the office of the Governor at his pleasure.

The Presidential

pleasure is unjusticiable. It is not regulated or controlled by the procedure laid down in Art. 311. The

Table of Precedence (Govt. of India)

Governor has no security of tenure and no fixed term



President

of office.



Vice President

be removed by an



Prime Minister Governors of States within

expression

 

Former Presidents



Deputy Prime Minister



Chief

their respective states

Justice

of

Speaker of Lok Sabha

India;

Ca re e r Co n s u l t a n c y

ernors under clause (3) is subject to exercise of

He may of

Presidential displeasure. Mr. L.K. Advani on 12th July, 2004 have requested Home

the

Minister

nors and follow the Sarkaria Commission recommendation for the completion of tenure or recommendation of Ventachalliya, the removal of Governor should be the same as that of appointment. Four Governors dismissed under Article 156(1) of the Constitution. The Governors were Kidar Nath Sahani of Goa, Kailashpati Mishra of Gujarat, Babu Parmanand of Haryana and Vishnu Kant Shastri of Uttar Pradesh.

Ca re e r Co ns u l t a n c y

Shiv Raj patil to reconsider the removal of Gover-

ANTI DEFECTION LAW  The politics of defection has been one of the conspicuous feature of the Indian politics since 1967 (4th General Elections)  The Parliament in 1985, by the 52nd Constitutional Amendment, sought to check his tendency.  The act is negatively worded and provide for the disqualification of a legislator.  According to the act, following are the grounds for the disqualification of a legislator. 1. If a legislator voluntarily resigns from the political party on whose ticket he/she was elected. 2. If a legislator votes against the whip issued by the President of the political party to which he/ she belongs, or abstains from voting contrary to any direction issued by his/her parent party, without obtaining prior permission of the political party, and if such voting or abstention is not condoned by the party within 15 days of the occurrence of the voting. The Supreme Court in a judgment in 1992 restricted the scope of whip only in the cases of the confidence and the No Confidence motions, money bills and vote of thanks to the President's address. This means that a legislator has the right to the vote against the whip in other cases because according to the Supreme Court, a legislator has right to political dissent. 3. If an independent member joins any political party. 4. If a nominated Member of the legislature joins a political party after 6 months of his nomination. This means, if he/she does the same before this specified period, he shall not be disqualified. 5. If, in this case of split in the party, the splinter group has members less than one third of the parent party. 6. If, in the case of merger, the same is not endorsed by the two third members of the party, which wants to merge itself.  However, the officers of the Union and the State Legislature - the speaker or the Dy. Speaker of the Lok Sabha, the Dy. Chairman of the Rajya Sabha, the speaker and the Dy. Speaker of the Vidhan Sabha and the Chairman of the Vidhan Parishad - shall not be disqualified under the Act, if they rejoin their political party (parties) after they cease to hold such offices.  Also according to the act, any decision regarding the defection issue shall be made by the Chairman or the Speaker as the case may be; such decisions shall be the final.

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Indian Polity

PLANNING COMMISSION  It was established on March 15, 1950 by an executive resolution of the Govt. of India.  It was established on the recommendation of the

     

Advisory planning board constituted in 1946, under the chairmanship of K C Neogi. It is an extra constitutional and non-statutory body. The Prime Minister of India is the ex-officio chairman of the planning commission. The Deputy Chairman is the defacto executive head (i.e. full time functional head) of the Commission. He is appointed by the central Cabinet for a fixed tenure and enjoy the rank of a cabinet ministers. The planning Commission has a member secretary. He is usually a senior member of IAS. At present Montek Singh Alluwalia is the Deputy Chairman of the Eleventh Planning Commission.

National Development Council :-

Ca re e r Co n s u l t a n c y

Causes of the Failure : There is no justification for a nominated member joining a political party within six months.  The law does not clearly say in what manner the principle of 1/3rd for split or of 2/3rd in case of merger shall operate. The loops and holes remain in the act and hence what cannot be done by a large group can be done after the split.  The law does not define whether the defection is a one-time affair or a continuous one.  The law does not cover an event when a political party deliberately dismisses some of its members of the legislature to deny them the split of the political party under this act.  The speaker has the sole right to decide on this and hence political coloring of the issue is possible. 97th Amendment Bill 2003 : A Parliamentary committee has pointed out the loopholes in the constitution (97th Amendment) bill 2003. The standing committee is of the opinion that stripping defectors of their membership of he house and preventing them from being appointed as a minister, or to any other remunerative political post is not sufficient. These provisions were not enough because they do not make winning an election mandatory for a defector to be appointed as a minister or to a political cost.  The committee was of the view that the size of a council of Ministers including the Chief Minister in a state should be 15% of the total members of the legislative assembly and the minimum number of Ministers in the smaller states should be 12 instead of seven as provided in the bill.  The growing defecting is a massive violation of he people's mandate. The 52nd Amendment, 1985 introduced the 10th schedule in the constitution. The main purpose is to prevent betrayal of people.

 The NDC was established in Aug 1952 by an executive resolution of the Govt. of India on the recommendation of the first five year plan.  It is composed of the Prime Minister (as its head), all union Cabinet Ministers, the chief Ministers of all states, Chief Minister/Administrators of all UT's, the members of the planning Commission.  The secretary of the planning commission acts as the secretary to the NDC.  It should meet at least twice every year.

The 1.

Vice-Presidents

Dr. S. Radhakrishnan

who

became

Presidents

May 13, 1962 to May 13, 1967

(Vice President also) 2. 3. 4.

Dr. Zakir Hussain

May 13, 1967 to May 3, 1969

(Vice President also)

(Died)

V.V.Giri,

May 3, 1969 to July 20, 1969

(Vice President also)

(acting)

Justice M. Hidyatullah

July 20, 1969 to Aug 24, 1969

(Vice President also)

(Acting)

Justice M. Hidyatullah

Oct 6, 1982 to Oct 31, 1982

(Vice President also)

(discharged the functions of the President)

5.

V.V.Giri,

Aug 24, 1969 to Aug 24, 1974

(Vice President also)

Ca re e r Co n s u l t a n c y

 The court shall have no right to inquire into this, the supreme court in a decision by the constitutional bench in Nov 1991, upheld that such a clause takes away its exclusive right of Judicial Review which is a basic structure of the constitution. Thus the decision of the chairman or the speaker as the case may be, is final, subject to judicial review of the court.

Ca re e r Co n s u l t a n c y

59

6. 7.

B.D.Jatti,

Feb 11, 1977 to July 25, 1977

(Vice President also)

(acting)

R. Venkatraman

July 25, 1987 to July 25, 1992

(Vice President also) 8.

Dr. S.D.Sharma

July 25, 1992 to July 25, 1997

(Vice President also) 9.

K.R.Narayanan

July 25, 1997 to July 25, 2002

(Vice President also)

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Indian Polity

60

SPEAKERS OF LOK SABHA     

Speaker

Appointment

Ganesh Vasudev Malvankar M Ananthasayanam Ayyangar G M C Balyogi Manohar Joshi Somnath Chatterji

May 15, 1952 May 8, 1956 Oct 22, 1999 May 10, 2002 June 7, 2004

Report to to to to to

Feb 27, 1956 May 10, 1957 March 3, 2002 June 6, 2004 Till Date

PAY COMMISSIONS

Strength

of

Vidhan

UP Andhra Pradesh West Bengal Punjab Goa Mizoram Sikkim

Chairman S. Varadachariar Jagannath Das Raghubir Dayal P N Singhal Ratnavel Pandian

Sabha

in

the

States

404 294 294 117 40 40 32

Ca re e r Co n s u l t a n c y

Pay Commission First pay commission Second pay commission Third Pay Commission Fourth Pay Commission Fifth pay commission

LOKPAL AND LOKAYUKTA

Appointment 1946 1957 1970 1983 1994

Report 1947 1959 1973 1986 1997

 Lokpal should be assisted by two members.  The committee to appoint the Lokpal and the two members should consist of the Vice President as the Chairman and the Prime Minister, the Lok Sabha Speaker and the Leaders of the Opposition in the Lok Sabha and the Rajya Sabha as members : Since the status of the Lokpal is equal to that of CJI, the removal procedure should be equally stringent.

 Lokpal is the counterpart of the north European

 An inquiry for the removal of the Lokpal and the

institution of Ombudsman, which originated in

members should be made by the members should

the early part of the last century. Lokpal is meant

be made by the Chief Justice and two seniors

to bring to look the highest political functionar-

most Judges of the Supreme Court.  Proceeding must be open, except in extraordinary

ies of the Government-the members of the po-

cases.

litical executive in the Union Government and

 Complaints relating to the cases in the last 10

the members of the Parliament who are charged

years can be inquired into.

with corruption. The ARC recommended for its

 The Lokayuktas currently exist in 11 States (now

setting up in 1966.

in 15 States)

 The Bill to set up Lokpal was introduced in the

 In Andhra Pradesh, Assam, Bihar, Gujarat etc.

and 1998. The Bill did not become an Act, as ei-

they have not been effective because they are

ther the Lok Sabha or the Council did not survive. Lokpal Bill 1998 :- The Lokpal Bill, proposed by the Government in 1998, makes some changes to the 1996 Bill that lapsed with the dissolution of the 11th Lok Sabha. The changes are made on the basis of the Som Pal Committee recommendations. The Committee recommendations. The Committee recommended that:

Ca re e r Co n s u l t a n c y

Indian Parliament in 1968, 1971, 1977, 1985, 1996

understaffed; under housed; most of the time, the post is not filled up they lack the power to issue interim orders and so on. The mode of functioning of Lokayuktas is not uniform-in some States, they are authorized to direct prosecution and in some others, they can only recommend the same to the State Government.

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Indian Polity

61



 

  

Inter est Interest

Litig ation Litigation

Public Interest litigation (PIL) is one of the most potent weapons, the judiciary in India has acquired in recent times, in order to enforce the legal obligation to the executive and the legislature. The right to issue PIL is available to the Supreme Court and the High courts only. The concept of the PIL, having its origin in Australia, has emanated from the power of the judicial review of the constitution. A PIL can be file by any publicly spirited individual or organisation. Even a post card can be treated as writ petition. Through the PIL, the Supreme Court has vastly expanded the scope of the fundamental rights by liberally interpreting Art 32 and 226.

Right

to

Information

After a long wait, Indian Parliament finally passes the landmark Right to Information Bill that, hopefully, will usher in an era of better, more transparent, accountable and responsive governance.

HIndu

Succession

Act

Property Rights To Women

ò

The Government has introduced the Hindu Succession (Amendment) Bill, 2004 and the prevention of Child Marriage Bill, 2004 in the Rajya Sabha.

ò

The proposals in the Hindu succession (Amendment) Bill, 2004, are based on the recommendations of the Law Commission in its 17th report on "Property Right of Women: Proposed Reform under the Hindu Law."

Aims of Act ò

The amendment seeks to remove the gender discrimination in section 6 of the Hindu Succession Act, 1956, by giving equal rights to daughters in the "Hindu Mitakshara Coparcenary Property", such as male heirs.

It has taken India 77 years to transition from an opaque system of governance, legitimised by the Colonial Official Secrets Act, to one where citizens can demand the right to information. The recent enactment of the Freedom of Information Act, 2005 marks a significant shift for Indian democracy, for the greater access of citizens to information, the greater

IMDT Act Struck Down After Going through the details of IMDT Act, the Supreme Court on July 12 struck down as unconstitutional the Illegal Migrants (Determination by Tribunals) Act, which provided for identification and deportation of illegal Bangladeshi migrants. The Judgement



A three-judge Bench, comprising Chief Justice R.C. Lahoti, Justice G.P. Mathur and

Warning : Any copying or Photostating, In full or in Part is Liable for Legal Action

Pub lic Public

Justice P.K. Balasubramanyan, declared as ultra vires the Constitution the controversial 1983 Act and the Rules framed there under in 1984. responsiveness of government to community needs Need for the Right to Information (RTI) :- In recent years, there has been an almost unstoppable global trend towards recognition to the right to information by countries, inter-governments organisations, civil society and the people. The right to information has been recognised as a fundamental human right, which upholds the inherent dignity of human beings. The right to information forms the crucial underpinning of participatory democracy - it is essential to ensure accountability and good governance. The greater the access of the citizen to information, the greater the responsiveness of government to community needs. Alternatively, the greater the restrictions that are placed on access, the greater the feelings of 'powerlessness' and 'alienation'. Without information, people cannot adequately exercise their rights as citizens or make informed choices. However, the free flow of informations remains severely restricted by three factors. (a) The legislative framework includes several pieces of restrictive legislation, such as the Official Secrets Act, 1923; (b) The pervasive culture of secrecy and arrogance within the bureaucracy; and (c) The low levels of literacy and rights awareness amongst Indians. 



Salient Features :The president will appoint a chief information commissioner and governors of state - state information - commissioners to implement the Act. They will be autonomous functionaries with fiveyear terms. The chief information commissioner and state

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Indian Polity



 

information commis- Commissions/Committees sioner will publish an Chairman annual report on the 1. N. Gopal Swami Iyenger implementation of 2. A.D. Gorwala the Act. The annual reports will be tabled 3. A.D. Gorwala before Parliament/ 4. Paul H. Appleby state legislatures. 5. Paul H. Appleby Under the RTI Bill 2005, the informa- 6. J.B. Kriplani tion commission 7. A. Rama Swamy shall at the time of Muddaliar disposing an appeal, 8. Morarjee Dasai and fine an official Rs. K. Hanumantiah 250 per day (subject to a maximum of Rs. 9. K. Santhanam 25000) if information is delayed without 10. D.S. Kothari reasonable cause beyond the stipulated 30 days. 11. Dharamvir A stringent new sec12. Satish Chandra tion on penalties provides for varying penalties or fines for malafide refusal to 13. N.N. Vohra g i v e i n f o r m a t i o n , 14. P.C. Jain destroying informa- 15. Y.K. Alagh tion or knowingly giving out wrong in- 16. P.C. Hota formation to an RTI applicant. Government bodies have to publish details of staff payments and budgets. Like the earlier law, while information on 10 intelligence and security organisations (such as the intelligence Burean, RAW, BSF, CISF, NSG) will not come under the Act's purview, information pertaining to violation of human rights and allegations of corruption by these organisation will not be excluded.

Administrative

Reforms

Hota Committee Report :- under the chairmanship of P.C. Hota (former UPSC chairman) recommends:  Restorations of original age limit 21-24 years for competing for civil services.  Comprehensive performance appraisal of officials after completing 15 years of service.

Constituted

For

Administrative

Reforms

Year Report 1949 Reorganisation plan for Head Offices. 1950-51 Examination of public administration for the implementation of development programmes 1950-51 Review of administration of public undertakings 1952 Survey of Indian Administration 1956 Review of functional autonomy and policy making in industrial and commercial undertakings. 1955-57 Review of corruption in Railways. 1956 Merit and recruitment of public services. 1966-67 Administrative Reforms Commission. It reported 1967-70 comprehensively on all aspects of Administration. 1964 Indian and State Public Services and problems of District Administration 1976 Method and procedure of recruitment with respect to higher civil services in India. This Commission recommended the Preliminary Exams in civil services. 1979 National Police Commission. 1989 Review of examination pattern of civil services. Recommended Essay paper in the main examination and inclusion of some more subjects in the optional category. 1997 Nexus between politicians and criminals. 1998 Review of administrative laws. 2000 Evaluation of Civil Services Exam system and suggestion for reforms. 2003 as under

  

Ca re e r Co n s u l t a nc y



62





Punishment to those found guilty, corrupt and inefficient. Obligation to put name badges, while on duty. Annual declaration of property, holdings on a website, by the civil servants. Forfeiture of Benami Property of officials under Section 8 of Benami Transactions (Prohibition) Act 1988. No permission to be granted to civil servants to join any political party, at least till 2 years post retirement.

PM's Proposals :- Well known as a man of ethics, intelligence and discipline; Prime Minister Manmohan Singh has stressed the need for a quick change in the All India Civil Services. His proposals are as follows :  The process of recruitment to the civil services, to begin at XIIth level. Those qualifying the All India Entrance exam would be inducted into a 5

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Indian Polity  



63

years programme at the national academy. At the end of the third year, they would be presented with a graduation degree. Toppers would be sent for two years service specific course, at the end of which they will be given MBA or equivalent degree. All those proposals indicate the changes for more specialisation and expertise in the services.

12 th

Finance

Commission

President's

nod

to

Domestic

Violence

Act

President A.P.J. Abdul Kalam has given assent to the Domestic Violence Act, 2005, which aims at protecting women from verbal, emotional, economic and sexual abuses and offers free legal services to such victims. Under the Act, applicable to all states and Union Territories except Jammu and Kashmir, any act of omission or commission or conduct of adult male person shall constitute domestic violence an official press note said here today.

Impeachment proceedings were started in the Lok Sabha in 1990 against the Chief Justice of Punjab and Haryana Court, Justice B. Ramaswami for misconduct (financial). In voting on May 10.11.1993, the impeachment resolution could not be passed

While T. R. Prasad and D. K. Srivastava were appointed as fulltime members, Som Pal was named as part-time member. However, Pal resigned on May 14,

Ca re e r Co ns ul t an c y

Care e r Co ns ul t a nc y

As per the Act, a police officer, protection officer, service proThe Commission's recommendations are to vider or magistrate who receives a message of domestic violence be effective for the five-year period from April shall inform the aggrieved person of her right to make an applica1, 2005 to March 31, 2010. tion for obtaining relief by way of a protection order. The commission's mandate was to make The Act provides the rights for free legal Services Authorities recommendations on the following core issues:  The distribution between the Union and the Act, 1987, and right to file a complaint under Section 498-A of the state of the proceeds of taxes and the allo- Indian Panel Code, wherever relevant. cation between the states of the respective shares of such proceeds. 2004 and, in his place,, Shankar Acharya was ap The principles which should govern the grantspointed as part-time member. G.C. Srivastava was in-aid of the revenues of the sates out of the Conthe member secretary of the Commission solidated Fund of India and the sums to be paid to Cabinet Approval :- On 2nd February, the Cabithe states which are in need of assistance by way net approved in toto the 12th Finance Commission of grants-in-aid of their revenues and,  The measures needed to augment the consoli- which provides for an increase in share of taxes to dated fund of a state to supplement the resources states from 29.5 to 30.5 per cent. Emerging from the cabinet meeting the Finance of panchayats and municipalities on the basis of Minister P. Chidambaram said, "We hope that the the recommendations made by the Finance Com12th Finance Commission has taken into account mission of the sate. the requirement of the states and made a generous Composition of the 12th Commission :- In purand certainly deserving award". The total transfer of suance with the provisions of article 280 of the Contaxes and grants to states, as recommended by the stitution of India, and the Finance Commission (misCommission, will amount to Rs. 7,55,751 crore becellaneous provisions) Act, 1951 (33 of 1951), the tween 2005 and 2010. President of India constituted the 12th Finance ComThe Commission, headed by noted economist C. mission consisting of Dr. C Rangarajan, former RBI Rangarajan, had, in its report submitted in DecemGovernor and Governor of Andhra Pradesh, as the ber to President A.P.J. Abdul Kalam, addressed a range Chairman and three other members. of issues, including grants, debt relief, and flow of funds of urban and local bodies, calamity relief and First Impeachment Against a Judge requirement of the education and health sectors. Major Recommendations  States are set to get Rs. 23,000 crore per year as additional transfers from the Centre. About Rs. 3,000 crore of the additional transfer will be on account of a 1% increase in states share in the Centre's divisible pool of taxes and duties from the existing 29.5%.

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Indian Polity

64

dia's domestic pharmaceutical industry. This iniuitous situaHeads Office tion was ended, by passing, by Mr. Tarlochan Singh : Chairman, National Commission for Minorithe Parliament, the Indian Patties. ent Act of 1970. Mr. Suraj Bhan : Chairman, National Commission for SCs Beginning of a New Era Dr. Sayyid Raza Hashim : Chairman, UPSC This marked the beginDr. M.S. Swaminathan : Chairman, National Commission for Farmers. ning of a new era in India's Mr. M.K. Narayanan : National Security Adviser and Special Adviser drugs and pharmacutical into PM (Internal Security) dustry. The industry has shown Mr. G. Madhavan Nair : Chairman, Space Commission and ISRO a remarkable grwoth in the Mr. M.S. Verma : Chairman, Telecom Regulatory Authority of last 35 years. This has placed India. the industry in a happy position to face the challenges posed by Mr. Justice (Retd.) : Chairman, National Human Rights the Patent Act 2005. A.S. Anand Commission The new patent law marks compliance, by this Mr. Justice M. Jagannadha : Chairman, Law Commission. country, of Trade Related IntelRao Mr. C.S. Rao : Chairman, Insurance Regulatory Authority . lectual Property Rights (TRIPS) agreement which a member of Mr. M. Damodaran : Chairman, Securities & Exchange Board the World Trade Organisation of India. (WTO), it was obliged to do by Dr. C. Rangarajan : Chairman, 12th Finance Commission Ms. Girija Vyas : Chairperson, National Commission for Jan. 1, 2005. Even so, probWomen. lems and concerns over Indian Mr. K.M. Chandrasekhar : India's Ambassador and Permanent Reprepharmaceutical industry, consentative to WTO. tinuing to have its joyful ride Mr. Nirupam Sen : India's Permanent Representative to UN. in growth that it had in the last thirty-five years of 1970 patent act regime and re About 74% step-up in transfer of resources-states taining its ability to supply useful drugs at low cost, share in the divisible pool of Centre's taxes and still remains. duties and grants in aid-to Rs. 7,55,751 crore beThe Government has asserted that around 95 per tween 2005 and 2010 from Rs. 4,34,905 crore rec- cent of drugs in use at present do not come in the ommended by the earlier Commission. purview of the patent law and, therefore, remain in circulation at old prices. Further, patent rights in New Patent law force at present in respect of other drugs will remain Till 1970, the classical system of patent law was valid for five years during which a drug is to be sold operative in India. Under that system, exclusive to the common man. This, it is claimed, will take rights of production and distribution of a product are care of the problem of the patent holder hiking price granted to the patent holder. This law was inimical of product beyond reasonable limits. The licensing to the interests of consumer in this country who was system to be introduced as stipulated under the new forced to pay monopoly prices on drugs and medicines patent act, is expected to curb that tendency. purchased by him. It also inhibited the growth of In-

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