Indian Polity

UPSC IAS :: Review Notes :: General Studies :: Indian Polity #1 Constitutional evolution under British rule 1.

Regulating Act 1773 o

beginning of British parliamentary control over the East India Company

o

subordination of the presidencies of Bombay and Madras to Bengal

o

Governor of Bengal made Governal-General

o

council of Governor-General established

o

Supreme Court established in Calcutta

2.

Pitt’s India Act 1784 o

commercial and political activities of the Company separated

o

established a board of control over the Company

3.

Charter Act 1813 o

trade monopoly of the Company abolished

o

missionaries allowed to preach in India

4.

Charter Act 1833 o

Governor-General of Bengal becomes Governor-General of India

o

first Governor-General Lord William Bentick

o

ends commercial activities of the Company

5.

Charter Act 1853 o

legislative and executive functions of the Governor-General’s council separated

o

open competition for Indian Civil Services established

6.

Indian Council Act 1861 o

establishes legislative councils at the centre, presidencies and provinces

o

Governor-General’s executive council to have Indians as non-official members

o

restores legislative power to Bombay and Madras presidencies

o

recognises portfolio system of governance

7.

Indian Council Act 1892 o

introduces indirect elections

o

enlarges the function of legislative councils giving the power to discuss the budget and address questions to the executive

o 8.

enlarges the size of the legislative councils Government of India Act 1898

o

administration taken over directly by the British crown

o

office of the Governor-General replaced by the Viceroy

o

first Viceroy is Lord Canning

9.

Indian Council Act 1909 (Minto-Morley Reforms) o

first attempt to introduce representative and popular element to government

o

changed name of Central Legislative Council to Imperial Legislative Council

o

increased the non-official members in the Imperial and Provincial legislative councils

o

non-official members hold majority in the provincial legislative councils, but official members hold majority in the central

o

appointed Indians to the Viceroy’s Executive Council and provincial executive councils

o

established separate electorate for Muslims

10. Government of India Act 1909 (Montagu-Chelmsford Reforms) o

classified government subjects into central and provincial

o

established dyarchy in the provinces

o

provincial subjects divided into Reserved and Transferred. Reserved subjects administered by the Governor, Transferred subjects by Indian ministers

o

central legislature covered all central subjects and some provincial subjects

o

all bills of the legislatures required Governor-General’s assent, while the Governor-General could enact bills without assent from legislatures

o

established the Public Service Commission

11. Government of India Act 1935 o

provided for the establishment of a Federation of India consisting of the Provinces and Princely States

o

dyarchy withdrawn from the provinces and established at the Centre. Introduced ‘provincial autonomy’

o

introduced direct elections

o

proposed the Federal Legislature to be bicameral

o

administrative subjects divided into Federal, Provincial and Concurrent

o

reserved subjects at the Centre to be administered by the Governor-General

o

Governor-General to be assisted by a Council of Ministers

o

provided for the establishment of a Federal Court with original, appellate and advisory jurisdiction. Appeals from the Federal Court went to the Privy Council in London

o

Burma and Aden separated from India

12. Indian Independence Act 1947 o

sovereignty and responsibility of the British Parliament for India abolished

o

Governor-General and provincial Governors become constitutional heads

o

the British crown ceases to be the source of authority The Constituent Assembly (1946 – 1950)

o

first met on 09 Dec 1946

o

consisted of 389 members. 292 were elected from the Provinces, 93 were nominated by the Princely States, and 4 were nominated from the Chief Commissioners Provinces

o

Dr. Sachidananda Sinha was the first President of the Constituent Assembly

o

The Preamble of the Constitution was a modification of the ‘Objective Resolution’ introduced Jawarharlal Nehru

o

The Assembly appointed 22 committees

o

The most important of these committees was the Drafting Committee, set up in Aug 1947

o

The Drafting Committee had 7 members. B.R. Ambedkar was its Chairman

o

The Drafting Committee published the Draft Constitution in Feb 1948, which was adopted on 26 Nov 1949

o

The Constitution came into effect on 26 Jan 1950. However, certain provisions regarding citizenship, elections, provisional parliament and presidential election procedures came into effect earlier, on 26 Nov 1949.

o

26 Jan was chosen in significance of the informal ‘Independence Day’ observed in 1930

o

The term of the Constituent Assembly ended on 24 Jan 1950. However, it re-emerged as the Provisional Parliament on 26 Jan 1950, and remained so until the first Lok Sabha elections

o

The President of the Constituent Assembly, Rajendra Prasad, became the first President of India

o

Gandhi and Jinnah were not members of the Constituent Assembly

Indian Polity #2 | Study Material :: General Studies | IAS Help STRUCTURE OF THE CONSTITUTION Preamble to the Constitution o

Defines the basic structure and spirit of the Constitution

o

Serves as a guiding tool for the interpretation of the Constitution

o

Does not bestow any rights

o

The words Socialist and Secular were added to the Preamble by the 42 Amendment 1976 (during the

nd

Emergency) Parts of the Constitution Parts are individual chapters in the Constitution, each focused on a particular field of law. Each Part contains articles that address the issues in question. There are 24 Parts to the Constitution. Part

I

II

Focus

The Union and its Territory

Citizenship

Articl e

Deals with

1

Name and territory of Union

2

Admission of new states

3

Creation of new states, alteration of existing

5

Citizenship at the commencement of the Constitution

6

Citizenship of migrants from Pakistan

9

Persons acquiring foreign citizenship not to be citizens

12

III

Fundamental Rights

14

Equality before law

15

Prohibition of discrimination

17

Abolition of untouchability

23

Prohibition of human trafficking and forced labour

24

Prohibition of child labour

26

Freedom to manage religious affairs

29

Protection of minority interests

40 41 42 IV

Directive Principles and Fundamental Duties

Definition

44 45 46 49 50

Organisation of village panchayats Right to work, education and public assistance Humane work conditions and maternity relief Uniform civil code Free and compulsory education for children Promote interests of SC/ST, other weaker sections Protection of monuments/places of national importance Separation of judiciary from executive

President of India

V

The Union

52-62

Vice-President of India

63-69

Council of Ministers

74

Attorney-General for India

76

Composition of the Council of States

80

Composition of the House of the People

81

Qualification for membership to Parliament

84

Chairman & Deputy Chairman of the Council of States

89 93 107 108 124

Speaker & Deputy Speaker of the House of the People Provisions for the introduction and passing of bills Joint sitting of both houses

125

Establishment and constitution of the Supreme Court

127

Appointment of the Chief Justice Appointment of additional judges

VI

The States

153160

Governor of the state

163

Composition of the Legislative Assemblies

Council of Ministers

170

Composition of the Legislative Councils

171

Qualification for membership to state legislature

173

High Courts

214

Appointment of the Chief Justice

223

Appointment of additional judges

224

Jurisdiction of the High Courts

225

Control over subordinate courts

235

239 239A VIII

Union Territories

239A A 241

IX

XI

Panchayat and Municipalities

Relation b/w the Union and States

Administration of Union Territories Legislatures for certain UTs (esp. Pondicherry) Special Provisions for NCT Delhi High Courts for UTs

243A

Gram Sabha

243B

Composition of Panchayats

243G

Authority and responsibility of Panchayats

244255

Distribution of legislative powers

256261

Administrative relations Disputes relating to water

262

Co-ordination between states

263

XII

Finance

268281 300A

XV

Elections

Languages

Right to property

324329

343344 XVII

Distribution of revenue b/w Union and states

345347 348349

Official languages of the Union Language of the states Language of the Supreme Court and High Courts

Schedules of the Constitution Schedules are lists in the Constitution that categorized by bureaucratic activity of government. They refer to Articles and hence overlap with Parts of the Constitution. Focus

Sched ule

Focus

States and Union Territories

Sevent h

Union, State and Concurrent list

Emoluments of higher level officials

Eighth

Official languages

Forms of Oaths

Ninth

Land reform, accession of Sikkim

Allocation of seats in the Rajya Sabha

Tenth

Anti-defection provisions for MPs and MLAs

Fifth

Administration of Scheduled Areas and STs

Eleven th

Rural development

Sixth

Administration of tribal areas in Assam

Twelft h

Urban planning

Schedule First Second Third Fourth

MODIFYING THE CONSTITUTION Amendments to the Constitution o

Allowed by Article 368 of the Constitution

o

Amendments can happen in three ways o

Simple majority of Parliament

o

Special majority of Parliament

o

Special majority of Parliament and ratification by at least half of the state legislatures by a special majority

o

Indian Constitution is the most frequently amended governing document in the world

o

Supreme Court struck down two amendments for violation of basic structure of Constitution th

o

39 Amendment: election of Executive beyond scrutiny of courts, 1975 (during Emergency)

o

Parts of 42 Amendment: reduced power of Supreme Court and High Courts to judge constitutionality of laws,

nd

1976 (during Emergency) o

There have been a total of 94 amendments, as of 2009 Important of Amendments to the Constitution For a full list of Amendments, see here. Amendment no. 1

Enacte d June

Objectives o o

Secure validity for zamindari abolition laws Place restrictions on freedom of speech

o

1951

Protect laws contrary to fundamental rights

o Nov 1956

7

o

Reorganize states on linguistic lines o Introduce Union Territories

o Dec 1961

12

o

Incorporate Goa, Daman and Diu as UTs following acquisition from Portugal

o Dec 1963

13

o

Formation of Nagaland

o Dec 1962

14

o

o Incorporate Pondicherry into India Create Legislative Assemblies for HP, Tripura, Manipur, Goa

o Sep 1969

22

o

Form autonomous states within the State of Assam

o Jan 1970

23

o

Extend reservation for SC/STs and nomination of Anglo Indians for another 10 years (up to 1980)

o Dec 1971

26

o

Abolition of privy purse paid to former rulers of princely states

o Aug 1972

28

o

Rationalize Civil Service rules

o Oct 1973

31

o o

Increase size of Parliament from 525 to 545 Increased seats go to newly formed states in NE

o

Incorporation of Sikkim within the Indian Union

o Apr 1975

36 o

Jan 1980

45

o

Extend reservation for SC/STs for another 10 years (i.e. up to 1990)

o 52

Mar

o

Anti-defection law

1985 o Mar 1989

61

o

Lower voting age from 21 to 18

o Feb 1992

69

o

Provide for legislative assembly for NCT Delhi o Delhi continues to be a UT

o Dec 1991

70

o

Include NCT Delhi and Pondicherry in the electoral college for Presidential election

o Aug 1992

71

o

Include Konkani, Manipuri, Nepali as National Languages

o Jan 2000

79

o

Extend reservation for SC/STs for another 10 years (i.e. up to 2010)

o Dec 2002

86

o Provide right to education until the age of 14 o Provide early childhood care until the age of 6

o Sep 2003

90

o

Reservation in Assam Assembly relating to Bodoland Territory Area

o Jan 2004

91

o

Restrict cabinet size to 15% of legislative members o Strengthen anti-defection laws

o 93

Jan 2006

o

Reservation for OBCs in government and private educational institutions

Indian Polity #3 | Study Material :: General Studies | IAS Help

THE PRESIDENT OF INDIA ELECTION OF THE PRESIDENT Qualifications of the President o

Must be a citizen of India

o

Must be 35 years or older

o

Must be qualified to be a member of the Lok Sabha, but should not be a member

o

Must not hold an office of profit under the Central or State or local governments

o

The name of the candidate must be proposed and seconded by at least 50 electors material, general studies, Indian polity Conditions of service

o

Holds office for 5 years

o

Is elected indirectly by an electoral college consisting of o

Elected members of both Houses of Parliament

o

Elected members of State Assemblies in accordance with proportional representation

o

The value of the vote of an MLA differs from state to state in order to give equality of representation

o

Eligible for immediate re-election

o

Resignation must be addressed to the Speaker of the Lok Sabha

o

Oath of affirmation is administered by the Chief Justice of India. In the CJI’s absence, the senior most available judge of the SC administers the oath.

o

The President can be impeached for violation of the constitution. Impeachment can be initiated by either rd

House of Parliament. Requires a 2/3 majority to pass. o

If the office of the President falls vacant, the Vice President takes over. If the VP is not available, the CJI acts as President. If he is also not available, the senior most available judge of the SC acts as President. The acting President enjoys all powers of a regular President

o

Fresh elections to the office of President must be held within 6 months of vacancy

o

All election disputes are decided by the Supreme Court study material, general studies, Indian polity POWERS OF THE PRESIDENT

1.

Administrative powers 1.

All executive actions of the Union Government are carried out under the name of the President

2.

Appoints senior officials like the Prime Minister, CJI, CAG, AG etc

3.

Directly controls the administration of the Union Territories

2.

Legislative Powers 1.

Nominates 12 distinguished public figures to the Rajya Sabha and 2 Anglo-Indians to the Lok Sabha

2.

Can summon and prorogue sessions of both Houses

3.

Can dissolve the Lok Sabha (but not the Rajya Sabha)

4.

All bills must receive the President’s assent before they become law

5.

Enjoys suspensive veto power that can be applied to non-money bills. No veto power on Constitutional Amendment Bills

6.

Can enact ordinances on Union and Concurrent List subjects. Can issue ordinances on State subjects, only if the state is under President’s Rule

3.

Financial Powers 1.

All money bills can originate in the Lok Sabha only on the recommendation of the President

2.

Controls the Contingency Fund of India

3.

Appoints a Finance Commission every 5 years to recommend tax distribution between the Union and states

4.

Judicial Powers 1.

Can pardon or reprieve the sentence of anyone punished under Union law

2.

Appoints the Chief Justice and other judges of the Supreme Court and High Courts

5.

Emergency Powers 1.

6.

Can proclaim emergency after getting the recommendation of the Cabinet in writing Military Powers

1.

Appoints the Chiefs of the Army, Navy and Air Force

2.

Enjoys the power to declare war and peace

7.

Diplomatic Powers 1.

Appoints Ambassadors to foreign countries and receives their diplomats

2.

All international treaties are concluded on behalf of the President. However, these are subject to ratification by Parliament

8.

President’s Rule 1.

Can declare President’s Rule either on the advice of the Governor or on self discretion

2.

Such a proclamation must be laid down before Parliament within two months

3.

Cannot remain in force for more than one year

4.

The concerned State Assembly can be dissolved or suspended

9.

Discretionary Powers: The President almost always acts on the advice of the Council of Ministers except under the following circumstances 1.

Appointment of a Prime Minister from among contenders when no single party has a majority in the Lok Sabha

2.

A Council of Ministers is voted out/resigns and recommends dissolution of the Lok Sabha

3.

While exercising a pocket veto

4.

Disqualifying members of the Legislature

5.

Return the advice of the Council of Ministers once for reconsideration

6.

Return a Bill passed by the Parliament once for reconsideration studies, Indian polity PRESIDENT’S RULE IN INDIA

o

First imposed on Kerala, June 1951. In effect till April 1952

o

Longest duration of President’s Rule was in Punjab May 1987 – Feb 1992

o

Imposed maximum number of times on Kerala and Punjab (9 times each)

o

Minimum number of times on Maharashtra, Meghalaya and Arunachal Pradesh

o

Shortest duration of imposition was on Karnataka. Imposed for 7 days in Oct 1990 material, general studies, Indian polity THE PRESIDENT’S OF INDIA President Dr. Rajendra Prasad

Tenure

Notes

Jun 1950 – May 1952

First President

Dr. S. Radhakrishnan

May 1962 – May 1967

Dr. Zakir Hussian

May 1967 – May 1969

Longest tenure

Shortest tenure Died in office

V.V. Giri (Acting)

May 1969 – July 1969

First Acting President

Justice M Hidayatullah

July 1969 – Aug 1969

Second Acting President

V.V. Giri

Aug 1969 – Aug 1974

Fakhruddin Ali Ahmed

Aug 1974 – Feb 1977

B. D. Jatti (acting)

Feb 1977 – July 1977

Neelam Sanjiva Reddy

July 1982 – July 1987

Giani Zail Singh

July 1982 – July 1987

R. Venkataraman

July 1987 – July 1992

Dr. S.D. Sharma

July 1992 – July 1997

K.R. Narayanan

July 1997 – July 2002

Dr. APJ Abdul Kalam

July 2002 – July 2007

Pratibha Patil

July 2007 – present

Died in office

Youngest President (64 years) Elected unopposed

Oldest President (76 years)

First female President

THE VICE-PRESIDENT OF INDIA Election of the Vice-President o

Is elected by all members of both Houses of Parliament in accordance with proportional representation

o

The name of the candidate must be proposed and seconded by at least 25 members

o

All election disputes are decided by the Supreme Court

o

Holds office for 5 years. Is eligible for re-election

o

Oath of office administered by the President material, general studies, Indian polity Powers and functions of the Vice-President

o

Is the ex-officio Chairman of the Rajya Sabha, but is not a member of the same

o

Has no right to vote except in a tie

o

All bills, resolutions, motions and questions in the Rajya Sabha can be taken up only with the consent of the VP

o

Acts as the chief spokesperson of the Rajya Sabha

o

Functions as Acting President if required. Can do so for a maximum of 6 months, and then a new President must be elected

o

Does not automatically become President in the absence of the President (unlike the USA)

Indian Polity #4 | Study Material :: General Studies | IAS Help

COUNCIL OF MINISTERS Conditions of service o

It is composed of all Union Ministers – the Prime Minister, Cabinet Ministers, Ministers of State and Deputy Ministers

o

The council is appointed by the President on the advice of the Prime Minister

o

A Minister must be a member of either House of Parliament, or be elected within 6 months of assuming office Collective Responsibility

o

The Council of Ministers is collectively responsible to the Lok Sabha

o

A vote of no confidence even against a single Minister means the entire Council must resign

o

Each Minister is also responsible for his department and can be removed from office by the President on the advice of the Prime Minister Functions of the Council of Ministers

o

Formulates policies of the country on the basis of which administration is carried out

o

Introduces all important Bills in Parliament and oversees their passage

o

Presents the Budget to the Parliament

o

Determines foreign policy

o

Approves international agreements and treaties

o

Render advice to the President regarding proclamation of war or emergency

CATEGORIES OF MINISTERS o

Cabinet Minister o

Senior minister in charge of a particular Ministry

o

May hold additional charges of other Ministries (if no other Cabinet Minister is appointed)

o

Cabinet Ministers must belong to either House of Parliament

o

Currently there are 33 Cabinet Ministers

o

Minister of State (Independent Charge) o

In charge of a particular portfolio

o

Is not under the oversight of a Cabinet Minister

o

Currently there are 7 MoS with independent charge

o

Minister of State o

A minister with a specific responsibility in a particular Ministry

o

Reports to the concerned Cabinet Minister

o

Currently there are 38 MoS THE PRIME MINISTER OF INDIA Overview

o

The Prime Minister is the head of government and the head of the Council of Ministers

o

The PM is responsible for the discharge of functions and powers of the President

o

The PM must be a member of either House of Parliament, or be elected within 6 months of taking office ELECTION TO OFFICE Appointment

o

The Prime Minister is appointed by the President on the basis of his being the leader of the majority party in the Lok Sabha

o

If no party gets an absolute majority in the Lok Sabha or a PM resigns or dies, the President can use his own discretion in the choice of a Prime Minister

o

If the person the President so appoints is not a member of the Lok Sabha, he must get himself elected within a period of 6 months Conditions of service

o

The Prime Minister serves in office for 5 years

o

He can be re-appointed

o

When the Lok Sabha is dissolved, he can continue in office upon the request of the President

o

If the government is defeated in the Lok Sabha, the Prime Minister and entire cabinet must resign

o

However, if defeated in the Rajya Sabha, resignation is not obligatory FUNCTIONS OF THE PRIME MINISTER

1.

Legislative functions 1.

He is the leader of the majority in the Lok Sabha

2.

The President convenes and prorogues sessions of Parliament in consultation with the PM

3.

Can recommend dissolution of the Lok Sabha to the President

4.

All members of the Cabinet are appointed by the President on the recommendation of the PM

2.

Administrative functions 1.

Acts as the chief channel of communication between the President and the Council of Ministers

2.

Allocates portfolios among various ministers and shuffles them

3.

Presides over meetings of the Council of Ministers

4.

Supervises the working of other Ministers

3.

Executive functions 1.

Represents the country internationally

2.

Acts as the ex-officio Chairman of the Planning Commission

3.

Has exclusive jurisdiction over the disposal of the PM’s National Relief Fund and the PM’s National Defence Fund

4.

Advisory functions 1.

Assists the President in the appointment of all high officials

2.

Recommends to the President proclamation of emergency

3.

Advices the President on the imposition of President’s Rule LIST OF PRIME MINISTERS OF INDIA

No.

Prime Minister

Date

Notes First Prime Minister

Jawaharlal Nehru

1947 – 1964

2

Guzari Lal Nanda

May 1964 – Jun 1964

First and only “acting” PM

3

Lal Bahadur Shastri

Jun 1964 – Jan 1966

First PM to die abroad during official tour

4

Guzari Lal Nanda

Jan 1966 – Jan 1966

5

Indira Gandhi

Jan 1966 – Mar 1967

Moraji Desai

Mar 1977 – Jul 1979

Oldest to become PM (81 years)

7

Charan Singh

Jul 1979 – Jan 1980

Only PM that did not face Parliament

8

Indira Gandhi

Jan 1980 – Oct 1984

First PM to be assassinated

1

6

First to die in office Longest tenure

First woman PM First PM to lose an election

First to resign from office

9

Rajiv Gandhi

Oct 1984 – Dec 1989

Youngest to become PM (40 years)

10

VP Singh

Dec 1989 – Nov 1990

First PM to resign after vote of no confidence

11

Chandra Shekar

Nov 1990 – Jun 1991

12

Narasimha Rao

Jun 1991 – May 1996

13

AB Vajpayee

May 1996 – Jun 1996

14

Deve Gowda

Jun 1996 – Apr 1997

15

IK Gujral

Apr 1997 – Mar 1998

16

AB Vajpayee

Mar 1998 – May 2004

17

Manmohan Singh

May 2004 – Present

Shortest tenure (13 days)

THE DEPUTY PRIME MINISTER o

It is not a constitutional post

o

Does not carry any specific powers

o

Can chair meetings of the Cabinet in the absence of the PM, and take on the responsibility of the PM in case of the latter’s death

o

India has had 7 Deputy Prime Ministers

o

Sardar Vallabhai Patel was the first Deputy PM. He was also the Home Minister concurrently

o

The current government does not have a Deputy PM Indian Polity #5 | Study Material :: General Studies | IAS Help THE PARLIAMENT OF INDIA Overview

o

The Parliament consists of the Rajya Sabha (Council of States), the Lok Sabha (House of the People) and the office of the President

o

Any Bill can become an Act only after being passed by both Houses of Parliament

o

The Parliament House was designed by British architects Sir Edwin Lutyens and Sir Herbert Baker in 19121913. It was opened in 1927 to house the Council of States, the Central Legislative Assembly and the Chamber of Princes

o

The minimum age for membership to the Rajya Sabha is 30 years, while for the Lok Sabha it is 25 years

o

It shares legislative powers with the Lok Sabha, except in the case of supply Bills (like Money Bills) where the Lok Sabha has overriding powers

o

In the case of conflicting legislation, a joint sitting of the two Houses is held. However, since the Lok Sabha has more than twice as many members as the Rajya Sabha, it holds de facto veto power in such legislations

o

The Parliament has its own TV broadcasting stations launched in 2004: Doordarshan Rajya Sabha and Doordarshan Lok Sabha (now known as Lok Sabha TV)

o

When the Constitution of India came into effect on 26 Jan 1950, the Constituent Assembly became the Provisional Parliament of India. It remained so until the first elections in 1951

o

The business of Parliament is transacted in either Hindi or English. However, the Presiding Officers of the two Houses may permit any member to address the House in his mother tongue THE RAJYA SABHA (COUNCIL OF STATES) About the Rajya Sabha

o

The Rajya Sabha is the Upper House of Parliament

o

The Vice-President is the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman of the Rajya Sabha is elected from among members. He officiates in the absence of the Chairman

o

The first sitting of the Rajya Sabha was held in May 1952

Membership to the Rajya Sabha o

The maximum permissible strength of the Rajya Sabha is 250. Of these 238 members are elected indirectly from the states and Union Territories, and 12 are nominated by the President for their expertise in art, literature, science and social services

o

Currently, the strength of the Rajya Sabha is 245. Of these 233 are members elected from states and UTs and 12 are nominated members

o

Members from state assemblies are elected using the Single Transferable Vote system

o

The provision for nominated members is found in Article 80 of the Constitution

Tenure of the Rajya Sabha o

The Rajya Sabha is a continuous body and is not subject to dissolution

o

Members enjoy a tenure of six years

o

One-third of the members retire every two years

Functions of the Rajya Sabha o

Acts as a non-partisan forum for full and free debates

o

Can originate any Bill, including constitutional amendment Bills, except Money Bills

o

Re-evaluates Bills originating in the Lok Sabha in a non-political manner

o

Relieves the work of the Lok Sabha in considering Private Bills (Bills that apply to specific individuals or organizations)

o

Along with the Lok Sabha, votes on the election of President and Vice-President

o

Along with the Lok Sabha, votes on the removal of judges of the Supreme Court and High Courts

o

Along with the Lok Sabha, votes for the continued proclamation of Emergency beyond a period of two months

o

Acts as the sole de facto and de jure Parliament if the Lok Sabha is dissolved during an Emergency

THE LOK SABHA (HOUSE OF THE PEOPLE) About the Lok Sabha o

The Lok Sabha is the lower House of Parliament

th

o

The current Lok Sabha is the 15 Lok Sabha to be constituted

o

The first hour of every sitting of the Lok Sabha is called Question Hour, during which questions posed by members may be assigned to specific ministries

o

Three sessions of the Lok Sabha are held every year: o

Budget session: February to May

o

Monsoon session: July to September

o

Winter session: November to December

Membership to the Lok Sabha

o

The maximum permissible strength of the Lok Sabha is 552. Of these, 530 are to be chosen by direct election, 20 are to be representatives of Union Territories, and 2 to be nominated Anglo-Indians

o

Currently, the strength of the Lok Sabha is 545. Of these, 530 are chosen by direct election, 13 are from Union Territories, and 2 are nominated Anglo-Indians

Tenure of the Lok Sabha o

The Lok Sabha has a tenure of five years, unless dissolved earlier

o

The tenure may be extended by a proclamation of Emergency. The Emergency may extend the term of the Lok Sabha in one year increments

Functions of the Lok Sabha o

The Lok Sabha controls the functioning of the Executive, by making the Council of Ministers answerable to it

o

The sanctioning of expenditure is the exclusive priviledge of the Lok Sabha

o

Can originate any Bill, including Money Bills

o

Along with the Rajya Sabha, votes on the election of President and Vice-President

o

Along with the Rajya Sabha, votes on the removal of judges of the Supreme Court and High Courts

o

Along with the Rajya Sabha, votes for the continued proclamation of Emergency beyond a period of two months

SPEAKER OF THE LOK SABHA Terms of service o

As soon as a new Lok Sabha is constituted, the President appoints a Speaker Pro-Term, who is generally the senior-most member of the House. This office is dissolved when the Speaker is elected

o

The Speaker is elected on the first meeting of the Lok Sabha after a General Election

o

He is elected for a term of 5 years

o

The Speaker does not vacate office on the dissolution of the Lok Sabha. Instead, he continues in office until the next House meets

o

The Speaker vacates his office and ceases to be a member of the House when he resigns or is removed

o

He may be removed by a majority resolution in the Lok Sabha

o

The Constitution also provides for a Deputy Speaker, to be elected from among the Lok Sabha. He officiates in the absence of the Speaker

Functions of the Speaker o

The Speaker is the presiding officer of the Lok Sabha. He is expected to be impartial

o

He maintains decorum and conducts the business of the House

o

He decides whether a Bill is a Money Bill or not

o

He permits the moving of various motions and resolutions such as motion of no confidence, motion of adjournment etc

o

He decides the agenda for discussion during the meeting of the House

o

The Speaker can cast a vote only in the case of a tie

Important Speakers of the Lok Sabha o

GV Mavlankar was the first Speaker of the Lok Sabha (1952 – 1956)

o

MA Ayyangar was the first Deputy Speaker (1952 – 1956)

o

Dr. Balram Jhakar was the longest serving Speaker (1980 – 1989)

FUNCTIONS OF PARLIAMENT o

The Parliament legislates on subjects in the Union and Concurrent Lists. It can also legislate on subjects in the State List if o

The Rajya Sabha passes a resolution saying it is in the national interest to do so and/or

o

The legislatures of two or more states recommend to Parliament to so legislate

o

The power to legislate on residuary subjects also vests with the Parliament

o

The Parliament (via the Lok Sabha) exercises control over Union finances

o

The Parliament (via the Lok Sabha) exercises control over the functioning of the Executive

o

The Parliament is responsible for legislating on amendments to the Constitution

o

The Parliament elects the Vice-President and can initiate impeachment proceedings against the President

o

It recommends the creation of All India Services, the removal of judges of the Supreme Court and High Courts

o

Parliamentary approval is essential for the continuance of a proclamation of Emergency made by the President

LEGISLATIVE PROCEDURES IN PARLIAMENT 1.

Ordinary Bills: Ordinary Bills can originate in either House of Parliament and have to pass through the following stages before being sent for assent by the President 1.

First Reading: a brief description of the Bill is read, and its aims and objectives announced. Opponents can also make a brief speech. After a vote, the Bill is published in the Gazette

2.

Second Reading: the general principles of the Bill are discussed, and the Bill is sent to the appropriate committee for its reference.No amendments are possible at this stage

3.

Committee Stage: the appropriate committee reviews the Bill and suggests amendments

4.

Report Stage: the committee submits its report to the House, where it is thoroughly discussed. Amendments may be proposed. Voting is held on a clause-by-clause basis

5.

Third Reading: general discussion of the Bill followed by formal voting for its acceptance or rejection. No amendments possible at this stage. After the Bill has been accepted, it is sent to the other House for a repeat procedure, and thereupon to the President for assent.

2.

Money Bills: Money Bills can originate only in the Lok Sabha on the recommendation of the President. Since they deal with public finances, their passage is crucial to the functioning of government 1.

After a Money Bill has been passed by the Lok Sabha, it is sent to the Rajya Sabha for deliberations

2.

The Rajya Sabha is given 14 days to make recommendations

3.

If the Rajya Sabha fails to make recommendations within this period, the Bill is considered to have passed both Houses and is sent to the President for assent

4.

If the Rajya Sabha does make its recommendations, the Lok Sabha may or may not decide to accept those recommendations

5.

Regardless, the Bill is considered to have passed both Houses and is sent to the President

TYPES OF MONEY BILLS 1.

Annual Financial Statement: At the beginning of every financial year, the President causes to be laid before both Houses, a statement of estimated receipt and expenditure for the ensuing year. Expenditure is of two types: 1.

Expenditure charged on the Consolidated Fund of India, which is not subject to vote of Parliament, although it can be discussed by both Houses

2.

Expenditure charged outside the Consolidated Fund, which are submitted to the Lok Sabha in the form of grants, which may or may not approve them

2.

Appropriation Bill: after the grants are approved by the Lok Sabha, an Appropriation Bill is introduced. 1.

Appropriations out of the Consolidated Fund of India can be made only after passage of the Appropriation Bill.

2.

This Bill is never opposed in the Lok Sabha.

3.

Since the grants have already been approved, the discussion is limited to administrative policy etc

4.

No amendments are possible at this stage

IMPORTANT PARLIAMENTARY PROCEEDINGS o

Point of Order o

A member may raise a Point of Order if proceedings do not follow normal rules

o

The Presiding Officer decides whether the Order may be allowed or not

o

Vote on Account o

This procedure covers government expenditure between the presentation and the passage of the Budget

o

The Vote on Account allows the Lok Sabha to make a grant in advance for a part of the financial year

o

It is usually passed by the Lok Sabha without discussion

o

It is passed after the general discussion on the Budget is over and before the demand for grants in taken up

o

Guillotine o

Certain demands for grants of various Ministries are taken up by the Lok Sabha without discussion. This is called guillotine

o

Usually done due to lack of time

o

To avoid this, Parliament in 1993 established 17 Parliamentary Committees to study these demand for grants

o

The Committees scrutinize the demand for grants and report to the House

o

The reports are not binding on the House

o

Quorum o

It is the minimum number of members required to transact the business of the House

o

Article 100 of the Constitution specifies that the Quorum of either House shall be 10% of the strength of the House

o

Question Hour o

The first hour of every sitting of Parliament is called Question Hour

o

Questions usually need a 10 day notice before being answered by the concerned Minister

o

Questions addressed to the Ministers are of three types:

o

o

Starred questions: to be answered orally on the floor of the House

o

Unstarred questions: are answered in writing. No supplementary questions may be asked

o

Short notice questions: questions on urgent public importance, do not need 10 day notice

Zero Hour o

Does not formally exist in the Parliamentary procedure

o

The hour after Question Hour is popularly known as Zero Hour

o

Members raise matters which they feel is urgent

o

However, since the questions are raised without prior notice, it results in loss of time TYPES OF MOTIONS

1.

Adjournment Motion: 1.

Motion to adjourn the proceedings of the House, so as to take up a matter of urgent public importance

2.

Can be moved by any member

3.

Requires support from at least 50 members

4.

Notice for the motion must be given before the commencement of the sitting for the day

2.

Calling Attention Motion 1.

A member may call the attention of a Minister to an urgent matter and the Minister may make a statement regarding it

3.

Priviledge Motion 1.

Motion moved by a member if he feels a Minister has committed a breach of priviledge

2.

Also moved against members for withholding or distorting facts

4.

Censure Motion 1.

A motion that censures the government for a specific charge

2.

Can be moved against a Minister or against the Council of Ministers

3.

Censure Motion is different from No Confidence Motion in that the former requires to cite a specific charge against the government whereas the latter does not

4. 5.

If the Motion is passed in the Lok Sabha, the government is expected to resign No Confidence Motion

1.

A No Confidence Motion indicates lack of confidence of the Lok Sabha in the Council of Ministers

2.

Can be introduced in the Lok Sabha only

3.

If the Motion is passed, the government must resign

6.

Cut Motion 1.

A device through which members draw the attention of Government to a specific grievance

2.

It is used to seek reduction in the amount of a demand for grants presented by Government

3.

Approved by the Speaker at his discretion

4.

There are three types of Cut Motions 1.

Policy Cut: implies the mover disapproves of the policy underlying the demand. Asks for a reduction of Re. 1

2.

Economy Cut: seeks a specific amount of reduction

3.

Token Cut: used to ventilate a particular grievance against the government. The reduction amount is Rs 100

TERMINATION OF A SESSION OF PARLIAMENT The sessions of Parliament are convened at the discretion of the President. However, there should not be a gap of more than 6 months between sessions. 1.

Prorogation 1.

Done by President on the advice of the Council of Ministers

2.

Brings the session of the House to an end

3.

Unlike England, Pending Bills and other business do not lapse, they are taken up when the House meets in the next session

2.

Adjournment 1.

Short recess within a session of Parliament

2.

Called by the Presiding Officer of the House

3.

Duration may be from a few minutes to a few days

3.

Adjournment Sine Die 1.

4.

House is adjourned by the Presiding Officer without fixing a date for the next meeting Dissolution

1.

Dissolution ends the life of a House and a new House needs to be reconstituted

2.

Only the Lok Sabha can be dissolved, the Rajya Sabha is permanent

3.

Dissolution enacted by the President on the advice of the Prime Minister

4.

Any Bill pending in the Lok Sabha lapses

5.

Any Bill pending passed by the Lok Sabha and pending the Rajya Sabha also lapses, unless the President calls a Joint Sitting of the two Houses. However, Bills pending in the Rajya Sabha but not passed by the Lok Sabha do not lapse

Indian Polity #6 | Study Material :: General Studies | IAS Help

SUPREME COURT OF INDIA Overview o

The Supreme Court of India is decreed by Part V, Chapter IV of the Constitution

o

It was established on 28 Jan 1950

o

According to the Constitution, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal

o

The Supreme Court has original, appellate and advisory jurisdiction About the Supreme Court building

o

The first home of the Supreme Court was the Chamber of Princes of the Parliament building, which had been the seat of the Federal Court of India

o

The Court moved to the present premises in 1958

o

The present premises was designed by Ganesh Bhikaji Deolalikar COMPOSITION OF THE SUPREME COURT Judges of the Supreme Court

o

The Supreme Court consists of 31 judges – one Chief Justice and 30 other Justices

o

The Constitution originally provided for 7 judges in the Court. However, due to increased workloads, this number has been gradually increased, reaching 31 in 2008

o

Judges in the Supreme Court sit together in Benches to hear cases

o

A small Bench, with two to three Justices, is called a Division Bench

o

A large Bench, with five or more Justices, is called a Constitutional Bench

o

A Division Bench may refer a case up to a Constitutional Bench if desired

o

The first woman judge of the Supreme Court was Justice Fatima Beevi in 1987. However, there has been no female Chief Justice Terms of service

o

Judges of the Supreme Court are appointed by the President

o

Judges of the Supreme Court retire at the age of 65

o

Must be a citizen of India

o

Must have been one of the following o

A judge of a High Court for at least 5 years

o

An advocate of a High Court for at least 10 years

o

A distinguished jurist, in the opinion of the President Ad hoc Judges

o

Ad hoc Judges are non-Supreme Court judges who sit in the Supreme Court when there is insufficient quorum to perform the judicial duties

o

Ad hoc Judges are appointed by the Chief Justice after obtaining consent from the President

o

Serving and retired judges of the Supreme Court (and High Courts) can sit and act as ad hoc Judges of the Supreme Court

o

Only such persons can be appointed as ad hoc Judges who are qualified to be appointed as a regular Judge of the Supreme Court The office of the Chief Justice

o

The senior most judge of the Supreme Court is appointed as the Chief Justice

o

The Chief Justice remains in office for 5 years or until retirement, whichever is earlier

o

The Chief Justice is responsible for allocation of work to other judges

o

Other judges may refer cases to him if a bench of higher strength is required

o

The Chief Justice administers the oath of office to the President

o

In the absence of the President and the Vice-President, the Chief Justice sits as the Acting President of India

o

The Chief Justice is the ex-officio Chancellor to most autonomous law schools in India Noteworthy Chief Justices th

o

The current Chief Justice (K G Balakrishnan) is the 37 Chief Justice of India. He is from Kerala

o

The first Chief Justice of India was H J Kania (1950 – 1951). Before appointment to the Supreme Court, he served as the Chief Justice of the Federal Court of India (1947 – 1950). He was from Bombay

o

The shortest tenure was for K N Singh (Nov 1991 – Dec 1991, UP)

o

The longest tenure was for Y V Chandrachud (1978 – 1985, Bombay) INDEPENDENCE OF JUDGES

o

The salaries and allowances of Judges are charged to the Consolidated Fund of India and are not subject to a vote of Parliament

o

The salaries and other service conditions of Judges cannot be changed to their disadvantage during their tenure

o

Judges can be removed only by a resolution of both Houses of Parliament passed with a two-third majority

o

Judges can be removed only on grounds of proven misbehaviour or incapacity

o

Judges are barred from practicing in any court after retirement

o

The decisions and actions of Judges cannot be criticized. Disrespect to Court authority can invite Contempt of Court proceedings

o

The conduct of Judges cannot be discussed in Parliament or state legislatures

o

The appointment of Judges does not depend on the discretion of the President. Judges are appointed by the President in consultation with other Judges of the Supreme Court, while the Chief Justice is appointed based on seniority

o

The Court enjoys complete freedom with respect to appointment of officers of the Court JURISDICTION OF THE SUPREME COURT

1.

Original Jurisdiction 1.

Original Jurisdiction means that certain types of cases can originate with the Supreme Court only

2.

The Supreme Court has original jurisdiction in

2.

1.

Disputes between the Centre and one or more states

2.

Disputes between the Centre and any state(s) on one side and one or more states on the other side

3.

Disputes between two or more states

4.

Disputes regarding the enforcement of Fundamental Rights

Appellate Jurisdiction 1.

Appellate Jurisdiction means that appeals against judgements of lower courts can be referred to it

2.

The Supreme Court is the highest court of appeal in the country

3.

Three types of cases fall with appellate jurisdiction: 1.

Constitutional cases: an appeal against a High Court judgement can be made to the Supreme Court if the High Court determines that the case involves questions on the interpretation of the Constitution

2.

Civil cases: an appeal can be made in civil cases if the High Court certifies 1.

that the case involves a substantial question of law of general importance, and

2.

that the said question needs to be decided by the Supreme Court

3.

Criminal cases: an appeal can be made in criminal cases if the High Court 1.

has reversed an acquittal and sentenced a person to death, or

2.

has taken up a case from a subordinate court and sentenced an accused to death

3.

interestingly, if the High Court reverses a conviction and orders acquittal, no appeal to the Supreme Court can be made

3.

Advisory Jurisdiction 1.

Advisory Jurisdiction refers to the process where the President seeks the Court’s advice on legal matters

2.

If the President asks for advice from the Supreme Court, the Court is duty-bound to give it. However, it not binding on the President to accept the advice POWERS AND FUNCTIONS OF THE SUPREME COURT

1.

Court of Record 1.

The Supreme Court is a court of record

2.

What this means is that its records are admitted to be of evidentiary value and cannot be questioned in any court

3. 2.

As a court of record, it also enjoys the power to punish for contempt of court Judicial Review

1.

Judicial Review means that the Court can ensure that laws passed by the legislature and orders issued by the executive do not contravene the Constitution

2.

If these laws or orders go against the Constitution, the Court can declare them unconstitutional and hence invalid

3. 3.

The Court also protects the Fundamental Rights of citizens through various types of writs Other powers

1.

The Supreme Court appoints its officers and servants in consultation with the UPSC and determines their conditions of service, in consultation with the President

2.

It can make rules regarding the practice and procedure of the court with the approval of the President

3.

It can appoint arbitrators to decide cases relating to costs incurred by state governments in carrying out directions of the Union government

4.

It adjudicates disputes relating to the election of the President and Vice-President

5.

It can recommend the removal of the Chairman and members of the UPSC to the President HIGH COURTS IN INDIA Overview

o

There are 21 High Courts in India

o

The Calcutta High Court, established in 1862, is the oldest High Court in India. The Bombay and Madras High Courts were also established in the same year

o

The newest High Courts are the Chattisgarh (Bilaspur), Uttaranchal (Nainital) and Jharkhand (Ranchi) High Courts, all established in the year 2000

o

The Bombay, Madras and Calcutta High Courts are the three Chartered High Courts in India

o

The Madras Law Journal, published from the Madras High Court, was the first journal in India dedicated to reporting judgements of a Court (1891) Jurisdiction of High Courts

o

Each High Court has jurisdiction over a particular state(s) and/or Union Territory(ies)

o

High Courts have original and appellate jurisdiction. High Courts also have jurisdiction over writs

o

States are divided into judicial districts, presided over by a District Judge or a Sessions Judge, who is the highest judicial authority below the High Court

o

The presiding judge is called District Judge when he presides over a civil case, and called a Sessions Judge when presiding over a criminal case

o

The High Court is a court of record

o

Cases relating to admiralty, marriage and contempt of court are referred directly to the High Court Judges and Benches

o

The Judges of a High Court are appointed by the President in consultation with the Chief Justice of India and the Governor of the state

o

The number of Judges in a High Court is decided based on the number of cases instituted and disposed

o

High Courts that handle a large number of cases from a particular region, may establish a permanent Bench there. Benches are present in states that come under the jurisdiction of Courts outside its territory

o

Circuit Benches are temporary courts that hold proceedings for a few months every year Important High Courts and their Jurisdictions High Court

Location

Bench

Jurisdiction

Allahabad High Court

Allahabad

Lucknow

Uttar Pradesh

Bombay High Court

Bombay

Nagpur, Panaji, Aurangabad

Maharashtra, Goa, Daman & Diu, Dadra & Nagar Haveli

Calcutta High Court

Calcutta

Port Blair (Circuit Bench)

West Bengal, Andaman & Nicobar

Delhi High Court

New Delhi

Guwahati High Court

Guwahati

Jammu & Kashmir High Court

Srinagar (summer) Jammu (winter)

Karnataka High Court

Bangalore

Kerala High Court

Cochin

Madhya Pradesh High Court

Jabalpur

Gwalior, Indore

Madhya Pradesh

Madras High Court

Madras

Madurai

Tamil Nadu, Pondicherry

Punjab and Haryana High Court

Chandigarh

Rajasthan High Court

Jodhpur

Sikkim High Court

Gangtok

NCT Delhi Kohina, Aizwal, Imphal Circuit Benches at Agartala and Shillong

Assam, Arunachal Pradesh, Manipur, Meghalaya, Nagaland, Tripura, Mizoram

Jammu & Kashmir

Circuit Benches at HubliDharwad and Gulbarga Kerala, Lakshadweep

Punjab, Haryana, Chandigarh Jaipur

Rajasthan Sikkim

Indian Polity #7 | Study Material :: General Studies | IAS Help

THE STATE EXECUTIVE THE GOVERNOR OF A STATE Overview o

Governors and Lieutenant-Governors of states and Union Territories have powers at the state level similar to that of the President at the Union level

o

Governors preside over states while Lieutenant-Governors preside over Union Territories and NCT Delhi

o

The office of the Lieutenant-Governor exists only in the Union Territories of Andaman & Nicobar Islands, Pondicherry and NCT Delhi. Other Union Territories have an Administrator, who is usually an IAS officer.

Conditions of service o

Governors and Lieutenant-Governors are appointed by the President for a period of 5 years

o

The Governor or Lieutenant-Governor can be dismissed by the President on the recommendation of the Prime Minister

o

Unlike the President, Governors and Lieutenant-Governors can not be impeached

POWERS OF THE GOVERNOR o

Executive powers o All executive powers of the state government are vested in the Governor o The Governor appoints the Chief Minister and the Council of Ministers o He allocates portfolios to the Ministers based on the advice of the Chief Minister o The Governor appoints the judges of the District Courts o The President consults the Governor in the appointment of the judges of the High Court o The Governor appoints the Advocate General and members of the state Public Service Commission

o

Legislative powers o The Governor summons sessions of both Houses of the state legislature and prorogues them o The Governor can dissolve the state Legislative Assembly (Vidhan Sabha) on the advice of the Chief Minister o Bills passed by the legislature can become law only on the assent of the Governor o The Governor can return non-Money Bills to the legislature for reconsideration. However, if the legislature sends it back without modification, the Governor must give his assent o The Governor can reserve certain Bills for consideration by the President

o The Governor can promulgate Ordinances. These ordinances must be approved by the legislature at its next session. Ordinances remain valid for no more than 6 weeks from the date of convening of the legislature o

Financial powers o The Governor causes to be laid before the legislature the annual state Budget o Money Bills can be introduced in the legislature only on the prior recommendation of the Governor o The Governor can make advanced from the Contingency Fund of the State to meet unforeseen expenditure o The Governor constitutes the state Finance Commission

o

Discretionary powers o When no political party gets a majority in the Legislative Assembly, the Governor can appoint the leader of the largest party or the largest coalition as the Chief Minister o The Governor can recommend to the President imposition of President’s rule in the state

THE STATE LEGISLATURE Overview o

State legislatures in India can be unicameral or bicameral

o

The lower House is called the Legislative Assembly, and the upper House (if it exists) is called the Legislative Council

o

Currently, only six states in India have Legislative Councils: Bihar, Jammu & Kashmir, Uttar Pradesh, Maharashtra, Karnataka and Andhra Pradesh

o

The provision for instituting and removing Legislative Councils is enshrined in Article 169 of the Constitution

The Legislative Assembly o

Legislative Assemblies consist of 60 to 500 members

o

Members of the Legislative Assembly are directly elected

o

The Governor can appoint a certain number of Anglo-Indians to the Assembly as he deems fit

The Legislative Council rd

o

The Legislative Council consists of not more than 1/3 the strength of the Legislative Assembly and not less than 40

o

Members of the Council are indirectly elected as well as nominated (by the Governor)

o

The composition of the Council is as follows o

Members elected by electorates consisting of members of local bodies

o

Members elected by MLAs from among people who are not MLAs

o

Members elected by electorates consisting of persons who are graduates of 3 years standing and who are residents of the state

o

Members elected by electorates consisting of persons engaged for 3 years in teaching (not lower than secondary school)

o

Members nominated by the Governor from among persons having expertise in science, arts, social service etc Conditions of service

o

The minimum age for membership to the state legislature is 25 for the Legislative Assembly and 30 for the Legislative Council

o

To become a member from a particular constituency, a person must be a voter from that constituency

o

The term of the Legislative Assembly is five years.

o

It may be extended by the Governor during an Emergency, but not for more than six months at a time

o

The Legislative Council, like the Rajya Sabha, is a permanent House and cannot be dissolved

o

The term of members of the Council is 6 years, with 1/3 retiring every two years

rd

Presiding officers o

The Legislative Assembly has a Speaker and a deputy Speaker

o

They are elected from among the membership of the Assembly

o

The Legislative Council has a Chairman and a deputy Chairman (who are also elected from among members)

o

Presiding Officers of both Houses have the right to cast their vote in case of a tie

Functions of the state Legislature o

The Legislature has the power to legislate on all subjects in the State List and the Concurrent List

o

Money Bills can originate in the Legislative Assembly only

o

The Council has 14 days to recommend changes to the Money Bill

o

Elected members of the Legislative Assembly are involved in the process of election of the President of India

o

Each state legislature has one electoral power in electing the President

o

Amendments to the Constitution of India can be executed with approval of half the state legislatures in the country

Indian Polity #9 | Study Material::General Studies | IAS Help

ELECTIONS IN INDIA Overview o

India is the largest democracy in the world (in terms of electorate)

o

The 2009 General Elections had an electorate of 714 million. This is larger than the electorates of the EU and the US combined

o

The first General Elections were held in 1951

o

The control and conduct of all elections to the Parliament, to the state legislatures and to the offices of the President and Vice-President fall under the purview of the Election Commission of India

o

Panchayat elections are conducted by respective State Election Commissions

Constitutional provisions for elections o

Article 324 stipulates that the superintendence, direction and control of elections shall be vested in the Election Commission

o

Article 325 provides a single electoral roll for every constituency. Also stipulates that no person shall be eligible or ineligible for inclusion in electoral rolls on the basis of race, religion, caste or sex

o

Article 326 stipulates that elections shall be held on the basis of adult suffrage. Every person who is a citizen of India and is not less than 18 years of age shall be eligible for inclusion

Election process o

The Election Commission announces the schedule of elections, but the election process only starts with the notification by the President (or Governors)

o

Model Code of Conduct comes into force the day election dates are announced.

o

No party is allowed to use government resources for campaigning. Campaigning to be stopped 48 hours prior to polling day

o

The Collector of each district is in charge of polling

o

The indelible ink used to mark fingers is produced by the Mysore Paints and Varnish Ltd.

o

Currently, India does not have an absentee ballot system. To enrol as a voter, a person needs to be an ‘ordinary resident’ i.e. reside in a particular constituency for at least 6 months

o

A period of eight days is allowed for filing nominations. Two days are allowed for withdrawal of candidature

o

Candidates to a particular constituency can be from anywhere in the country. However, voters in the constituency must be residents of that constituency

o

A candidate may contest from two constituencies at most

Political parties o

Registration of the People Act 1951 provides for registration of political parties with the Election Commission

o

To be recognised as a National Party, a party must satisfy all the following criteria

o

o

secure 6% of votes polled in four or more states (in General Elections of Assembly Elections)

o

win at least 4 seats to the Lok Sabha

o

win at least 2% of Lok Sabha seats from at least three different states (i.e. min of 11 MPs in the Lok Sabha) There are currently six national parties: INC, BJP, BSP, CPI (M), NCP, CPI

o

To be recognised as a State Party, a party must satisfy all the following o

Secure at least 6% of votes polled in that particular state

o

Wins at least 3 seats to the Legislative Assembly or at least 3% of Assembly seats, whichever is higher

Judicial Review of election disputes o

Technically, the decisions of the Election Commission can be challenged in High Courts of the Supreme Courts

o

However, by tradition, the Judiciary does not intervene in the conduct of elections once the process of elections has begun

o

After declaration of election results, the Election Commission cannot reverse the results on its own

o

The results of the elections to Parliament and state legislatures can only be reviewed by filing election petitions at the High Courts

o

For elections of President and Vice-President, election petitions can only be filed with the Supreme Court

ELECTION COMMISSION OF INDIA About the Election Commission o

The Election Commission is autonomous, quasi-judiciary constitutional body

o

Its mission is to conduct free and fair elections in India

o

The Election Commission was established on 25 Jan 1950 under Article 324 of the Constitution

Powers of the Election Commission o

The EC enjoys complete autonomy and is insulated from any interference from the Executive

o

It also functions as a quasi-judiciary body regarding matters related to elections and electoral disputes

o

Its recommendations are binding on the President of India

o

However, its decisions are subject to judicial review by High Courts and the Supreme Court acting on electoral petitions

o

During the election process, the entire Central and state government machinery (including paramilitary and police forces) is deemed to be on deputation to the Commission

o

The Commission takes effective control of government personnel, movable and immovable property for successful conduct of elections

Functions of the Election Commission o

Demarcation of constituencies

o

Preparation of electoral rolls

o

Supervision, direction and control of elections to Parliament, Legislatures, President/Vice-President

o

Scrutiny of nomination papers

o

Scrutiny of election expenses of candidates

o

Establish rules for elections

o

Issue notification of election dates and schedules

o

Determine code of conduct

o

Allot symbols and accord recognition to political parties

o

Render advice to the President and Governors regarding disqualification of MPs and MLAs

o

Postpone or countermand elections for specific reasons

o

Resolve election disputes

o

Allot schedules for broadcast and telecast of party campaigns

o

Grant exemptions to persons from disqualifications imposed by judicial decisions

Composition of the Election Commission o

The Election Commission is a multimember Commission, the Chief Election Commissioner acts as the Chairperson

o

All members of the Election Commission enjoy equal vote, while the CEC additionally also enjoys casting vote. Decisions of the EC are to be based on unanimity or majority

o

The CEC is appointed by the President

o

Other members of the Commission are appointed by the President in consultation with the CEC

o

The CEC can be removed from office only in the manner of a Judge of the Supreme Court. Other members can be removed by the President in consultation with the CEC

o

The President may appoint Regional Election Commissioners in consultation with the CEC before elections to the Parliament or Assemblies. Upon conclusion of elections, the REC steps down

Terms of service o

The tenure of Election Commissioners is six years or up to age of 65 years, whichever is earlier

o

The CEC cannot hold any office of profit after retirement. Other ECs cannot hold any office of profit after retirement, except as CEC

o

The CEC cannot be reappointed to the post

o

The allowances and salaries of the CEC are drawn from the Consolidated Fund of India

Chief Election Commissioners of India S. No.

CEC

Tenure

1

Sukumar Sen

1950-1958

Notes First CEC Served as CEC for Nepal and Sudan

2

K V K Sundaram

1958-1967

3

S P Sen Verma

1967-1972 Born into Royal family of Dungarpur, Rajasthan

4

Nagendra Singh

1972-1973

Padma Vibhushan 1973 President of the International Court of Justice (1985-1988)

5

T Swaminathan

1973-1977

6

S L Shakdhar

1977-1982

7

R K Trivedi

1982-1985

8

R V S Peri Shastri

1986-1990

9

V S Ramadevi

Nov 1990 – Dec 1990

Only female CEC Introduced innovative electoral reforms

10

T N Seshan

1990-1996

Envisioned voter ID card Ramon Magsaysay Award 1996 After retirement, founded Deshbkat Trust for social reforms

11

M S Gill

1996-2001

Padma Vibhushan 2000 Currently, Minister of Youth Affairs and Sports

12

J M Lyngdoh

2001-2004

Ramon Magsaysay Award 2003 Served as IMF advisor in Ethiopia and Georgia

13

T S Krishnamurthy

2004-2005

14

B B Tandon

2005-2006

15

N Gopalaswami

2006-2009

16

Navin Chawla

2009-present

As CEC, served as observer to elections in Zimbabwe and USA

Observer to US elections

DELIMITATION COMMISSION o

Established under the Delimitation Commission Act to redraw the boundaries of assembly and Lok Sabha constituencies based on recent census

o

The representation of each state to the Lok Sabha is not changed. However, the number of SC and ST states may change

o

The orders of the Commission are laid down before the Lok Sabha and respective state Legislatures

o

The Commission is a powerful body – its orders cannot be changed by Parliament or Legislature, nor can they be challenged in a court of law

o

The Delimitation Commission is expected to be constituted every ten years (following every census), however in practise it has only been constituted four times since Independence: 1952, 1963, 1973, 2002

o

The Delimitation Commission 2002 was headed by Justice Kuldip Singh as chairperson. The Karnataka Assembly elections 2008 were the first elections to be conducted under newly delimited constituencies. The General Elections 2009 also used these new constituencies.

o

Breakdown of constituencies o

Largest (population): Outer Delhi (3 million)

o

Smallest (population): Lakshadweep (37,000)

o

Largest (area): Ladakh (173,000 sq km)

o

Smallest (area): Chandni Chowk, Delhi (10 sq km)

Indian Polity #11 | Study Material::General Studies | IAS Help

PARLIAMENTARY COMMITTEES IN INDIA Overview o

Since Parliament needs to perform substantial functions in limited time, it cannot go into the details of every legislative and other matter that comes before it

o

For this reason, Parliamentary Committees are constituted to study in detail the legislative and other matters that come before Parliament

o

Committees can be appointed in both Houses of Parliament, and their roles and functions are more or less similar Functions of the Committees

o

To consider the Demand for Grants of various Departments/Ministries and make reports to the Houses

o

To examine Bills that are referred to the Committee by the Lok Sabha or the Rajya Sabha

o

To study annual reports of various Ministries and Departments

o

To consider policy documents presented to the Houses if/when referred to the Committee by the Lok Sabha or Rajya Sabha TYPES OF COMMITTEES Ad hoc Committees

o

They are appointed for a specific purpose and cease to exist when the task is finished

o

They can either belong to one particular Parliament House or be a joint committee

o

There are two types of Ad hoc committees o

Committees appointed either by a motion in Parliament or by the Speaker/Chairman to enquire into a specific subject

o o

Select or Joint Committees on Bills. These Committees are constituted to study and report on specific Bills Examples of Ad hoc Committees: Committees on Draft Five Year Plans, Railway Convention Committee, Fertilizer Pricing Committee etc Standing Committees

o

Standing Committees are Committees appointed every year or periodically, and their work goes on in a continuous basis

o

The three most important Standing Committees (which deal with finance) are worth special mention o

Committee on Estimates

o

Committee on Public Accounts

o

Committee on Public Undertakings

o

Additionally, there are 24 Departmentally Related Standing Committees that deal with affairs of a specific Department/Ministry IMPORTANT COMMITTEES Departmentally Related Standing Committees

o

There are a total of 24 Departmentally Related Standing Committees (DRSC)

o

The DRSCs were first introduced in 1993 in a batch of 17, and a further 7 were added in 2004

o

Each of these Committees consists of no more than 45 members. 30 are to be nominated from the Lok Sabha and 15 from the Rajya Sabha

o

Ministers are not eligible to be nominated to these Committees

o

The term of the Committee is one year Committee on Estimates

o

Consists of 30 members elected from the Lok Sabha

o

Ministers are not eligible for election to this Committee

o

The term of the Committee is one year

o

Primary functions include o

report what improvements in organisation, efficiency or administration can be made

o

suggest policies to bring about improvements in efficiency and economy

o

the Committee can select and study estimates pertaining to any Ministry or government body as it may see fit

o

Committee can also examine matters of special interest that come up or are referred to it by the Speaker Committee on Public Accounts

o

Consists of 22 members: 15 elected from the Lok Sabha and 7 from the Rajya Sabha

o

Ministers are not eligible for election to this Committee

o

Term of office is one year

o

Primary function is to determine if money granted by the Parliament has been spent by the Government within the scope of the Demand

o

The Committee bases its examinations on the Appropriation Accounts of the Government and the Audit Reports presented by the Comptroller and Auditor General

o

The Committee is not concerned with policy, but only with execution of the policy and its results Committee on Public Undertakings

o

Consists of 22 members: 15 elected from the Lok Sabha and 7 from the Rajya Sabha

o

Ministers are not eligible for election to this Committee

o

Term of office is one year

o

Functions of the Committee include o

Examine reports and accounts of Public Undertakings

o

Examine reports of the CAG on Public Undertakings

o

Examine whether Public Undertakings are being managed with sound business principles and prudent commercial practices

o

The Committee does not examine government policy or day-to-day administration of the Undertakings Other important committees S. No.

Committee

House of Parliament/

Function(s)

Notes

Composition The Speaker is the ex-officio Chairman 1

Business Advisory Committee

Lok Sabha 15 (including Speaker)

Recommends the amount of time to be allotted for business in Parliament

Members are nominated by the Speaker Committee generally meets at the beginning of each Session

Allot time to Private Members’ Bills and Resolutions Examine Private Members’ Bills seeking to amend

2

Committee on Private Members’ Bills and Resolutions

Lok Sabha

the Constitution before introducing them in Lok Sabha

15 (including Dy Speaker)

Examine all Private Members’ Bills after they are introduced but before they are taken up for consideration Classify the Bills based on their matter, urgency into Category A or Category B

The Deputy Speaker is the ex-officio Chairman Members are nominated by the Speaker

Lok Sabha 3

Rules Committee

(15 including Speaker)

Considers matters of procedure and conduct of business in the House Recommends amendments to the Rules of Procedure and Conduct

The Speaker is the ex-officio Chairman Members are nominated by the Speaker

of Business in Lok Sabha Examines every question regarding breach of privilege of the House 4

Committee of Privileges

Lok Sabha 15

or of members of any Committee

Members are nominated by the Speaker

Determines whether breach of privilege was involved and makes Recommendations Examine all papers laid on the table of the House by Ministers

5

Committee on Papers Laid on the Table

Lok Sabha 15

Report to the House whether there has been compliance of the Constitution Report whether there has been unreasonable delay in laying the paper

Members are nominated by the Speaker

Report whether both Hindi and English version have been laid

6

7

8

Committee on Petitions

Committee on Subordinate Legislations

Committee on Govt. Assurances

Lok Sabha 15

Lok Sabha 15

Lok Sabha 15

Consider and report on petitions presented to the House Considers representation from individuals and associations Scrutinizes and reports whether powers to make rules, regulations etc are being properly exercised by the Executive Scrutinize the assurances promises etc given by Ministers

Members are nominated by the Speaker Ministers not eligible

Members are nominated by the Speaker Ministers not eligible

Members are nominated by the Speaker

and

Ministers not eligible

report on their implementation

9

Committee on Absence of Ministers from Sittings of the House

Considers requests from Members for leave of absence from Lok Sabha 15

sittings of the House Examines every case where the member has been absent for 60 days or more without permission

Members are nominated by the Speaker Makes recommendations whether leave should be granted, absence granted or seat declared vacant

Examine the composition and character of Committees

10

Joint Committee on Offices of Profit

Both Houses 15 – 10 from LS, 5 from RS

appointed by Government (Central and State) Recommend what offices should/should not disqualify a person

Committee is constituted for the duration of the Lok Sabha

as a member of either House of Parliament Considers all matters regarding the welfare of SC/STs falling within purview of Union Government and 11

Committee on Welfare of SC/ST

Both Houses 30 – 20 from LS, 10 from RS

Union Territories Consider reports submitted by National Commission for SC/ST

Ministers not eligible Term of the Committee is one year

Examine measures taken by Union govt. to secure due representation of SC/ST in govt. services and posts This was the first Committee to be constituted after

12

Railway Convention Committee

Both Houses 18 – 12 from LS, 6 from RS

Review dividend payable by Railways to General Revenues Review other matters relating to Railways finance

Independence (1949) Minister of Finance and Minister of Railways are members Ministers of State for Finance and Railways are also

Members This is an ad hocCommittee Reviews and monitors measures taken by Union Govt. to secure equality, status, dignity for women in all matters 13

Committee on Empowerment of Women

Both Houses 30 – 20 from LS, 10 from RS

Suggest measures for improving status of women Review measures taken for education and representation of women in legislative bodies and other fields Considers reports of National Commission for Women

Indian Polity #10 | Study Material::General Studies | IAS Help ATTORNEY GENERAL OF INDIA Overview o

The Attorney General is the Union Government’s chief legal advisor and is its primary lawyer in the Supreme Court

o

The Attorney General is the highest law officer in the country

o

The first Attorney General of independent India was M C Setalvad 1950-1963

o

The current Attorney General is G E Vahanvati (2009 – present)

Terms of service o

The Attorney General is appointed by the President under Article 76 of the Constitution

o

To be appointed Attorney General, a candidate must be qualified to be appointed as a Judge of the Supreme Court

Powers and functions of the Attorney General o

The Attorney General gives legal advice to the Government of India

o

He has the right of audience in all courts in India

o

The Attorney General can participate in proceedings of the Parliament without the right to vote

o

The Attorney General appears on behalf of the Government of India in all cases in the Supreme Court

o

The Attorney General is to be consulted only in legal matters of greatest importance and only after the Ministry of Law has been consulted

o

All references to the AG are made by the Ministry of Law

o

The Attorney General cannot appear against the Government of India

o

The AG cannot defend an accused in criminal proceedings

o

The AG cannot accept directorship of a company without permission of the government

o

The AG does not have any executive authority

o

The Attorney General is assisted by the Solicitor General and four Additional Solicitor Generals

Solicitor General for India o

The Solicitor General assists the Attorney General

o

He is the second highest law officer of the country

o

The Solicitor General is assisted by four Additional Solicitors General for India

o

Unlike the Attorney General, the Solicitor General does not give legal advice to the government

o

The primary responsibility of the Solicitor General is to appear in courts on behalf of the Government of India

o

The first Solicitor General of independent India was C K Daphtary (1950-1963)

o

The current Solicitor General is Gopal Subramaniam (2009 – present)

The Advocate General o

Each state has an Advocate General, whose position is similar to that of the Attorney General of the Centre

o

The Advocate General is appointed by the Governor

o

A person must be qualified to be a Judge of the High Court to be appointed as Advocate General

o

The Advocate General can participate in proceedings of the state legislature without the right to vote

COMPTROLLER AND AUDITOR GENERAL OF INDIA Overview o

The Comptroller and Auditor General of India audits all receipts and expenditures of the Union and state governments

o

The CAG is empowered to audit all revenues and expenditures of the Union and state governments, whether incurred within India or outside

o

The CAG also acts as the external auditor for government owned companies

o

The CAG submits his reports to the President (in case of accounts relating to the Union Government) or to the state Governors (for state government accounts)

o

The reports of the CAG are taken into account by the Public Accounts Committee of Parliament and state legislatures

o

The CAG is also the head of the Indian Audits and Accounts Service (IA&AS)

o

The office of the CAG was established in 1860

o

The first CAG of India was V Narahari Rao (1948-1954)

o

The current CAG is Vinod Rai (2008 – present)

Terms of service o

The Comptroller and Auditor General of India is appointed by the President

o

The CAG can only be removed from office in manner similar to a Judge of the Supreme Court

o

The salary and benefits of the CAG cannot be changed to his disadvantage during his tenure

o

The CAG is not eligible for further office under the Union of state governments

o

The expenses of the office of the CAG (including all salaries, allowances, pensions etc) is charged to the Consolidated Fund of India

The Indian Audits and Accounts Service (IA&AS) o

The IA&AS is a central government service that functions under the Comptroller and Auditor General of India

o

The IA&AS is responsible for auditing the accounts of the Union and state governments and public sector undertakings

o

The IA&AS also maintains accounts of state governments

o

Under the IA&AS, each state has a Principal Accountant General in charge of audit functions

o

Each state also has several Accountants General in charge of accounts and entitlement functions

o

Recruitment to the IA&AS is through the Civil Services Exam

o

Once recruited, IA&AS officers are trained at the National Academy of Audit and Accounts, Simla

CIVIL SERVICES IN INDIA Overview o o o o o o o o

o

Running the administration of a vast and diverse country requires efficient management of natural, economic and human resources. This is the primary responsibility of the civil services Civil Services in India originated in the eighteenth century under the rule of the East India Company Civil services in India comprise three types of services All India Services Central Civil Services – Group A Central Civil Services – Group B State Civil Services rd According to the Constitution, more Civil Services can be set up by the Rajya Sabha with a 2/3 majority vote. This applies to All India and Central Services, while the State Services can be constituted by similar act of state legislatures. The Indian Forest Service and the Indian Foreign Service were set up in this fashion Civil Services under British rule The civil services were first constituted under the East India Company as the Honourable East India Company Civil Servants (HEICS)

o

o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o

At this stage there were two groups of civil servants: covenanted (who entered into covenants with the Company) and theuncovenanted. The covenanted civil servants occupied higher positions in the hierarchy while the uncovenanted occupied lower levels This service evolved to become the Indian Civil Service (ICS), which later became the Indian Administrative Service (IAS) after Independence The Public Service Commission 1886-1887 (Aitchison Commission), was constituted to guide the evolution of the civil service. The recommendations of the Aitchison Commission included Two-tier classification of covenanted/uncovenanted to be replaced by three tier classification – Imperial Civil Service, Provincial Civil Service and Subordinate Civil Service Maximum age of entry to be 23 years Statutory system of recruitment to be abolished Competitive exam should not be held simultaneously in England and India Certain percentage of posts in the Imperial Civil Service to be filled by promotion from Provincial Civil Services The basic pattern of the cadre system in the civil service was established by the Aitchison Commission In 1912, the Islington Commission was appointed, however its recommendations were not considered By 1934, the system had evolved to consist of seven All India Services The first Indian to rank first in the ICS examination was Gurusaday Dutt in 1905 All India Services The All India Services are those civil services that serve all of India, under both the Union Government and the state governments There are three All India Services: Indian Administrative Service (IAS) Indian Police Service (IPS) Indian Forest Service (IFS) The officers of the All India Services are recruited and trained by the Union Government, but work under the Centre as well as the states Officers of the All India Services are organised into cadres. 24 states have their own cadres. There are also three joint cadres: Assam-Meghalaya cadre Manipur-Tripura cadre Arunchal Pradesh-Goa-Mizoram-Union Territories (AGMUT) cadre Central Civil Services Central Civil Services function under the Central government The Central services are categorised into two groups: Group A and Group B There are more than 30 Central Services Group A. Prominent services in the Central Civil Services – Group A include Indian Foreign Service (IFS) Indian Revenue Service (IRS) Indian Postal Service Indian Economic Service Indian Audits and Accounts Service (IA&AS) Military Engineering Service Survey of India Service Central Secretariat Service The Central Civil Service – Group B consists of three services Defence Secretariat Service Union Territories Administrative Service Union Territories Police Service State Civil Services

o o o o o o

Each state has its own civil service State level civil services include State Civil/Administrative Service State Police Service State Forest Service Public Works Department UNION PUBLIC SERVICE COMMISSION (UPSC)

o o o o

The UPSC is a constitutional body authorised to conduct exams for appointment to the civil services. It was established under Part XIV of the Constitution The Constitution provides for a Public Service Commission for the Union and a Public Service Commission for every state The first Public Service Commission was set up in 1926, with the aim of indigenising the civil services The Government of India Act 1935 provided for the establishment of a Federal Public Service Commission and Provincial Public Service Commissions Membership to the Commission

o o o o

The Chairman and other members of the UPSC are appointed by the President of India At least half the members are civil servants with at least 10 years experience in Central or state services The tenure of each member is six years or age 65, whichever is earlier Members of the UPSC can be removed by the President on charges of misbehaviour, if these charges are upheld by the Supreme Court Functions of the UPSC

o o

Recruitment to services and posts under the Union Government through conduct of competitive exams Recruitment to services and posts under the Union Government by direct selection. This type of recruitment is done to fill immediate/irregular job vacancies. Advice on the suitability of officers for appointment, promotion and transfer Advice the government on all matters relating to recruitment to various posts and services Handle disciplinary cases related to different civil services

o o o