Indian Polity point wise

  INDIAN POLITY

HISTORICAL BACKGROUD

• As suggested by M N Roy in 1934, a Constituent Assembly was formed in 1946.

THE COMPANY RULE (1773–1858)

1. Regulating Act of 1773

1. (a) it was the first step taken by the British Government to control and regulate the affairs of the East India Company in India;

Features of the Act

1. It designated the Governor of Bengal as the ‘Governor-General of Bengal’ and created an Executive Council of four members to assist him. The first such Governor-General was Lord Warren Hastings.

2. It made the governors of Bombay and Madras presidencies subordinate to the governor general of Bengal.

3. It provided for the establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three other judges.

4. It prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the ‘natives’.

5. It strengthened the control of the British Government over the Company by requiring the Court of Directors (governing body of the Company) to report on its revenue, civil, and military affairs in India.

 In a bid to rectify the defects of the Regulating Act of 1773, the British Parliament passed the Amending Act of 1781, also known as the Act of Settlement.

2. Pitt’s India Act of 1784

1. It allowed the Court of Directors to manage the commercial affairs but created a new body called Board of Control to manage the political affairs. Thus, it established a system of double government.

Thus, the act was significant for two reasons: first, the Company’s territories in India were for the first time called the ‘British possessions in India’; and second, the British Government was given the supreme control over Company’s affairs and its administration in India.

Charter Act of 1833

This Act was the final step towards centralization in British India.

1. It made the Governor-General of Bengal as the Governor-General of India. Lord William Bentick was the first governor-general of India.

2. It ended the activities of the East India Company as a commercial body, which became a purely administrative body. It provided that the company’s territories in India were held by it ‘in trust for His Majesty, His heirs and successors’

3. The Charter Act of 1833 attempted to introduce a system of open competition for selection of civil servants. However, this provision was negated after opposition from the Court of Directors.

Charter Act of 1853

This was the last of the series of Charter Acts passed by the British Parliament between 1793 and 1853.

1. It separated, for the first time, the legislative and executive functions of the Governor-General’s council. It provided for addition of six new members called legislative councilors to the council. In other words, it established a separate Governor-General’s legislative council which came to be known as the Indian (Central) Legislative Council. This legislative wing of the council functioned as a mini-Parliament, adopting the same procedures as the British Parliament. Thus, legislation, for the first time, was treated as a special function of the government, requiring special machinery and special process.

2. It introduced an open competition system of selection and recruitment of civil servants. The Macaulay Committee (the Committee on the Indian Civil Service) was appointed in 1854.

3. It introduced, for the first time, local representation in the Indian (Central) Legislative Council. Of the six new legislative members of the governor-general’s council, four members were appointed by the local (provincial) governments of Madras, Bombay, Bengal and Agra.

THE CROWN RULE (1858–1947)

Government of India Act of 1858

This significant Act was enacted in the wake of the Revolt of 1857 abolished the East India Company, and transferred the powers to the British Crown.

1. It provided that India henceforth was to be governed by, and in the name of, Her Majesty. It changed the designation of the Governor-General of India to that of Viceroy of India. He (viceroy) was the direct representative of the British Crown in India. Lord Canning thus became the first Viceroy of India.

2. It ended the system of double government by abolishing the Board of Control and Court of Directors.

3. It created a new office, Secretary of State for India, vested with complete authority and control over Indian administration. The secretary of state was a member of the British cabinet and was responsible ultimately to the British Parliament.

Indian Councils Act of 1861

1. Lord Canning, the then viceroy, nominated three Indians to his legislative council—the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.

2. It initiated the process of decentralisation by restoring the legislative powers to the Bombay and Madras Presidencies. It thus reversed the centralising tendency that Started from the Regulating Act of 1773 and reached its climax under the Charter Act of 1833.

3. It empowered the Viceroy to issue ordinances, without the concurrence of the legislative council, during an emergency. The life of such an ordinance was six months.

Act of 1892

1. The act made a limited and indirect provision for the use of election in filling up some of the nonofficial seats both in the Central and provincial legislative councils.

The Act of 1909 Morley-Minto Reforms

1. It provided (for the first time) for the association of Indians with the executive Councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive       Council. He was appointed as the law member.

2. It introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’. Under this, the Muslim members were to be elected only by Muslim voters. Thus, the Act ‘legalised communalism’ and Lord Minto came to be known as the Father of Communal Electorate.

Government of India Act of 1919

(Montagu-Chelmsford Reforms)

1. It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects.

2. It further divided the provincial subjects into two parts—transferred and reserved. The Transferred subjects were to be administered by the governor with the aid of ministers Responsible to the legislative Council. The reserved subjects, on the other hand, were to be administered by the governor and his executive council without being responsible to the legislative Council. This dual scheme of governance was known as ‘dyarchy’—

3. It introduced, for the first time, bicameralism and direct elections in the country. Thus, the Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). The majority of Members of both the Houses were chosen by direct election.

4. It created a new office of the High Commissioner for India in London.

5. It provided for the establishment of a public service commission.

6. It separated, for the first time, provincial budgets from the Central budget

Simon Commission :

1. To report on the condition of India under its new Constitution. All the members of the commission were British and hence, all the parties boycotted the commission. The commission submitted its report in 1930 and recommended the abolition of dyarchy, extension of responsible government in the provinces, establishment of a federation of British India and princely states, continuation of communal electorate and so on.

2. Convened three round table conferences of the representatives of the British Government, British India and Indian princely states. On the basis of these discussions, a ‘White Paper on Constitutional Reforms’ was prepared and submitted.

Communal Award

In August 1932, Ramsay MacDonald, the British Prime Minister, announced a scheme of representation of the minorities, which came to be known as the Communal Award. The award not only continued separate electorates for the Muslims, Sikhs, Indian Christians, Anglo- Indians and Europeans but also extended it to the depressed classes (scheduled castes). Gandhiji was distressed over this extension of the principle of communal representation to the depressed classes and undertook fast unto death in Yeravada Jail (Poona) to get the award modified. At last, there was an agreement between the leaders of the Congress and the depressed classes. The agreement, known as Poona Pact, retained the Hindu joint electorate and gave reserved seats to the depressed classes

Government of India Act of 1935

1. It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three lists—Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items).

2. Act introduced responsible governments in provinces,

3. It further extended the principle of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labour (workers).

4. It abolished the Council of India, established by the Government of India Act of 1858.

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

6. It provided for the establishment of a Federal Court, which was set up in 1937

Indian Independence Act of 1947

1. It ended the British rule in India and declared India as an independent and sovereign state from August 15,1947.

2. It provided for the partition of India and creation of two independent dominions of India and Pakistan with the right to secede from the British Commonwealth.

MAKING OF INDIAN CONSTITUTION

1. In 1938, Jawaharlal Nehru, on behalf the INC declared that ‘the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise’.

2. The demand was finally accepted in principle by the British Government in what is known as the ‘August Offer’ of 1940.

COMPOSITION OF THE CONSTITUENT ASSEMBLY

The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan. The Cabinet Mission consisting of three members (Lord Pethick Lawrence, Sir Stafford Cripps and A V Alexander) arrived in India on March 24, 1946. The Cabinet Mission published its plan on May 16, 1946

1. The total strength of the Constituent Assembly was to be 389. 296 seats to British India, 93 seats to the Princely States proportion to their respective population.

2. The representatives of each community were to be elected by members of that community in the provincial legislative assembly and voting was to be by the method of proportional representation by means of single transferable vote.

3. The representatives of princely states were to be nominated by the heads of the princely states.

4. It is thus clear that the Constituent Assembly was to be a partly elected and partly nominated body.

5. In all, the Constituent Assembly had 11 sessions over 2 years, 11 months and 18 days. The Constitution-makers had gone through the constitutions of about 60 countries, and the Draft Constitution was considered for 114 days. The total expenditure incurred on making the Constitution amounted to ` 64 lakh.

6. The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules.

SALIENT FEATURES OF THE CONSTITUTION

 42nd Amendment Act (1976) is known as ‘Mini-Constitution’

 In the Kesavananda Bharati case (1973), the Supreme Court ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.

1.Lengthiest Written Constitution :  Constitutions are classified into written, like the American Constitution, or unwritten, like the British Constitution. Presently (2013), it consists of a Preamble, about 465 Articles (divided into 25 Parts) and 12 Schedules.

2. Drawn From Various Sources :

i. The  large extent, derived from the Government of India Act of 1935.

ii. The Fundamental Rights-American Constitution, Directive Principles of State Policy- Irish Constitution.

iii. The principle of Cabinet Government and the relations between the executive and the legislature- British Constitution.

3. Blend of Rigidity and Flexibility : 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

4.Federal System with Unitary Bias : 

I. 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, super-macy of Constitution, rigidity of Constitution, independent judiciary and bicameralism.

II. However, the Indian Constitution also contains a large number of unitary or non-federal features, viz., a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre, all-India services, emergency provisions, and so on

5.Parliamentary Form of Government:  The Constitution of India has opted for the British parliamentary System of Government.

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy : The doctrine of sovereignty of Parliament is associated with the British Parliament while the principle of judicial supremacy with that of the American Supreme Court.

7. Integrated and Independent Judiciary:

8. 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), and

(f) Right to Constitutional Remedies (Article 32)

9. Directive Principles of State Policy :  According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution. They are enumerated in Part IV of the Constitution.

10. Fundamental Duties : The original constitution did not provide for the fundamental duties of the citizens. These were added during the operation of internal emergency (1975–77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee.

11. A Secular State : 

(a) The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.

(c) The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).

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

(e) Equality of opportunity for all citizens in matters of public employment (Article 16).

(f) All persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate any religion (Article 25).

(g) Every religious denomination or any of its section shall have the right to manage its religious affairs (Article 26).

(h) No person shall be compelled to pay any taxes for the promotion of a particular religion (Article 27).

(i) No religious instruction shall be provided in any educational institution maintained by the State (Article 28).

(j) Any section of the citizens shall have the right to conserve its distinct language, script or culture (Article 29).

(k) All minorities shall have the right to establish and administer educational institutions of their choice (Article 30).

(l) The State shall endeavour to secure for all the citizens a Uniform Civil Code (Article 44).

12. Universal Adult Franchise :  Every citizen who is not less than 18 years of age has a right to vote.  The voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act of 1988.

13. Single Citizenship :

14. Independent Bodies :  (a) Election Commission, (b) Comptroller and Auditor-General of India, (c) Union Public Service Commission, (d) State Public Service Commission.

15. Emergency Provisions : It converts the federal structure into a unitary one without a formal amendment of the Constitution.

(a) National emergency on the ground of war or external aggression or armed rebellion16 (Article 352);

(b) State emergency (President’s Rule) on the ground of failure of Constitutional machinery in the

       States (Article 356) or failure to comply with the directions of the Centre (Article 365); and

(c) Financial emergency on the ground of threat to the financial stability or credit of India (Article 360).

16. Three-tier Government : The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats (rural local governments) by adding a new Part IX17 and a new Schedule 11 to the Constitution. Similarly, the 74th Amendment Act of 1992 gave constitutional recognition to the municipalities (urban local governments) by adding a new Part IX-A18 and a new Schedule 12 to the Constitution.

UNION AND ITS TERRITORY

 Articles 1 to 4 under Part-I of the Constitution deal with the Union and its territory.

 Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.

 Article 2 grants two powers to the Parliament: (a) the power to admit into the Union of India new states; and (b) the power to establish new states.

 Article 3 relates to the formation of or changes in the existing states of the Union of India.

Article 3 authorizes the Parliament to:

(a) Form a new state by separation of territory from any state or by uniting two or more states or        parts of states or by uniting any territory to a part of any state,

(b) increase the area of any state,

(c) diminish the area of any state,

(d) alter the boundaries of any state, and

        (e) alter the name of any state.

 The Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.

 Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368. Consequently, the 9th Constitutional Amendment Act (1960) was enacted to transfer the Berubari Union (West Bengal) territory to Pakistan.

 On the other hand, the Supreme Court in 1969 ruled that, settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian territory to a foreign country.

EVOLUTION OF STATES AND UNION TERRITORIES

 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.

Dhar Commission and JVP Committee :

 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 reorganisation of states on the basis of administrative convenience rather than linguistic factor.

 This created much resentment and led to the appointment of another Linguistic Provinces Committee by the Congress in December 1948 itself to examine the whole question afresh. It consisted of Jawaharlal Nehru, Vallahbhai Patel and Pattabhi Sitaramayya and hence, was popularly known as JVP Committee. It submitted its report in April 1949 and formally rejected language as the basis for reorganisation 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 cause.

Fazl Ali Commission :

 The creation of Andhra state intensified the demand from other regions for creation of states on linguistic basis.

 This forced the Government of India to appoint (in December 1953) a three-member States Reorganisation Commission under the chairmanship of Fazl Ali to re-examine the whole question.

 Its other two members were K M Panikkar and H N Kunzru.

 It submitted its report in September 1955 and broadly accepted language as the basis of reorganisation of states. But, it rejected the theory of ‘one language–one state’

New States and Union Territories Created After 1956

 Maharashtra and Gujarat In 1960, the bilingual state of Bombay was divided into two separate states—Maharashtra and Gujarat. Gujarat was established as the 15th state of the Indian Union.

 Dadra and Nagar Haveli It was converted into a union territory of India by the 10th Constitutional Amendment Act, 1961.

 Goa, Daman and Diu in 1987, Goa was conferred a statehood. Consequently, Daman and Diu was made a separate union territory.

Citizenship

 The Constitution deals with the citizenship from Articles 5 to 11 under Part II.

Fundamental Rights

 The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35.

 Part III of the Constitution is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of ‘justiciable’ Fundamental Rights.

 The right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution.

Fundamental Rights at a Glance

1. Right to equality (Articles 14–18)

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

(b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).

(c) Equality of opportunity in matters of public employment (Article 16).

(d) Abolition of untouchability and prohibition of its practice (Article 17).

(e) Abolition of titles except military and academic (Article 18).

2. Right to freedom (Articles 19–22)

(a) Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association,

      (iv) Movement, (v) residence, and (vi) profession (Article 19).

(b) Protection in respect of conviction for offences (Article 20).

(c) Protection of life and personal liberty (Article 21).

(d) Right to elementary education (Article 21A).

(e) Protection against arrest and detention in certain cases (Article 22).

3. Right against exploitation (Articles 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 educational rights (Articles 29–30)

(a) Protection of language, script and culture of minorities (Article 29).

(b) Right of minorities to establish and administer educational institutions (Article 30).

6. Right to constitutional remedies (Article 32)

Right to move the Supreme Court for the enforcement of fundamental rights including the writs of

 (i) habeas corpus, (ii) mandamus, (iii) prohibition, (iv) certiorari, and (v) quo war-rento (Article 32).

Habeas Corpus

 It is a Latin term which literally means ‘to have the body of’.

 It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it.

 The writ, on the other hand, is not issued where the (a) detention is lawful, (b) the proceeding is for contempt of a legislature or a court, (c) detention is by a competent court, and (d) detention is outside the jurisdiction of the court.

Mandamus

 It literally means ‘we command’.

 It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.

 It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.

 The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory; (d) to enforce a contractual obligation; (e) against the president of India or the state governors; and (f) against the chief justice of a high court acting in judicial capacity.

Prohibition

 Literally, it means ‘to forbid’.

 It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.

 The writ of prohibition can be issued only against judicial and quasi-judicial authorities. It is not

available against administrative authorities, legislative bodies, and private individuals or bodies

Certiorari

 In the literal sense, it means ‘to be certified’ or ‘to be informed’.

 It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.

 It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.

 In 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals.

Quo-Warranto

 In the literal sense, it means ‘by what authority or warrant’.

 It is issued by the court to enquire into the legality of claim of a person to a public office.

 Hence, it prevents illegal usurpation of public office by a person.

 The Constitution (86th  amendment) Act, 2002 and the Right of Children to Free and Compulsory Education Act, 2009 have come into force w.e.f. 1 April 2010.

The Directive Principles of State Policy

 These are enumerated in Part IV of the Constitution from Articles 36 to 51.

 The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution.

 Dr B R Ambedkar described these principles as ‘novel features’ of the Indian Constitution.

Fundamental Duties

 In 1976, the fundamental duties of citizens were added in the Constitution.

 The Fundamental Duties in the Indian Constitution are inspired by the Constitution of USSR

 In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency (1975–1977)

 42nd Constitutional Amendment Act in 1976. This amendment added a new part, namely, Part IVA to the Constitution.

Amendment of the Constitution

 Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.

 The Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution.

PROCEDURE FOR AMENDMENT

1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.

2. The bill can be introduced either by a minister or by a private member and does not require prior          permission of the president.

3. The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.

4. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.

5. After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.

6. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the          bill for reconsideration of the Parliament.

7. After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act.

TYPES OF AMENDMENTS

By Simple Majority of Parliament :  a majority of the members of each House present and voting (similar to the ordinary legislative process)

1. Admission or establishment of new states.

2. Formation of new states and alteration of areas, boundaries or names of existing states.

3. Abolition or creation of legislative councils in states.

4. Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.

5. Quorum in Parliament.

6. Salaries and allowances of the members of Parliament.

7. Rules of procedure in Parliament.

8. Privileges of the Parliament, its members and its committees.

9. Use of English language in Parliament.

10. Number of puisne judges in the Supreme Court.

11. Conferment of more jurisdiction on the Supreme Court.

12. Use of official language.

13. Citizenship—acquisition and termination.

14. Elections to Parliament and state legislatures.

15. Delimitation of constituencies.

16. Union territories.

17. Fifth Schedule—administration of scheduled areas and scheduled tribes.

18. Sixth Schedule—administration of tribal areas.

By Special Majority of Parliament : a majority (that is, more than 50 per cent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression ‘total membership’ means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees.

The provisions which can be amended by this way includes:

(i) Fundamental Rights;

(ii) Directive Principles of State Policy; and

(iii) All other provisions which are not covered by the first and third categories.

By Special Majority of Parliament and Consent of States : 

 Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.

 The following provisions can be amended in this way:

1. Election of the President and its manner.

2. Extent of the executive power of the Union and the states.

3. Supreme Court and high courts.

4. Distribution of legislative powers between the Union and the states.

5. Any of the lists in the Seventh Schedule.

6. Representation of states in Parliament.

7. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

Parliamentary System

1. Articles 74 and 75 deal with the parliamentary system at the Centre and Articles 163 and 164 in the states.

2. The parliamentary system of government is the one in which the executive is responsible to the legislature for its policies and acts.  Eg Britain, Japan, Canada, India

3. The presidential system of government is one in which the executive is not responsible to the legislature for its policies and acts, and is constitutionally independent of the legislature in respect of its term of office. Eg USA, Brazil, Russia, Sri Lanka.

4. The President is head of the State, while the Prime Minister is head of the government.

5. The prime minister can advise the President to dissolve the Lok Sabha before the expiry of its term and hold fresh elections.

Comparing Parliamentary and Presidential Systems

Parliamentary System Presidential System

Federal and Unitary Governments

1. The Constitution of India provides for a federal system of government in the country. The framers adopted the federal system due to two main reasons—the large size of the country and its sociocultural diversity.

2. However, the term ‘federation’ has no where been used in the Constitution. Instead, Article 1 of the Constitution describes India as a ‘Union of States’.

3. The Indian federal system is based on the ‘Canadian model’ and not on the ‘American model.

CENTRE – STATE RELATIONS

1. The Constitution of India, being federal in structure, divides all powers (legislative, executive and financial) between the Centre and the states. However, there is no division of judicial power as the Constitution has established an integrated judicial system to enforce both the Central laws as well as state laws

2. Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the states

3. The Chairman and members of a state public service commission, though appointed by the governor of the state, can be removed only by the President.

4. The state election commissioner, though appointed by the governor of the state, can be removed only by the President

5. The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List, that is, (a) education, (b) forests, (c) weights and measures, (d) protection of wild animals and birds, and (e) administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts.

6. The power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) is vested in the Parliament. This residuary power of legislation includes the power to levy residuary taxes.

7. The matters of national importance and the matters which requires uniformity of legislation nationwide are included in the Union List.

8. The matters of regional and local importance and the matters which permits diversity of interest are specified in the State List.

9. The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list.

10. In US, only the powers of the Federal Government are enumerated in the Constitution and the residuary powers are left to the states

11. The Constitution empowers the Parliament to make laws on any matter enumerated in the State List under the following five extraordinary circumstances:

i. When Rajya Sabha Passes a Resolution- Such a resolution must be supported by two-thirds of the members present and voting. The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time. The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.

ii. During a National Emergency- The laws become inoperative on the expiration of six months after the emergency has ceased to operate.

iii. When States Make a Request When the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List, then the Parliament can make laws for regulating that matter. A law so enacted applies only to those states which have passed the resolutions. However, any other state may adopt it afterwards by passing a resolution to that effect in Its legislature. Such a law can be amended or repealed only by the Parliament and not by the legislatures of the concerned states.

iv. To Implement International Agreements

v. During President’s Rule When the President’s rule is imposed in a state, the Parliament becomes empowered to make laws with respect to any matter in the State List in relation to that state. A law Made so by the Parliament continues to be operative even after the president’s rule.

ADMINISTRATIVE RELATIONS

1. Articles 256 to 263 in Part XI of the Constitution deal with the administrative relations between the Centre and the states.

2. The Union Public Service Commission (UPSC) can serve the needs of a state on the request of the state governor and with the approval of the President

Finance Commission

Article 280 provides for a Finance Commission as a quasi-judicial body. It is constituted by the President every fifth year or even earlier. It is required to make recommendations to the President.

INTER-STATE RELATIONS

INTER-STATE WATER DISPUTES

1. Article 262 of the Constitution provides for the adjudication of inter-state water disputes

2. The Parliament has enacted two laws the River Boards Act (1956) and the Inter-State Water Disputes Act (1956)

Inter-State Water Dispute Tribunals Set-up So Far

1. Krishna Water Disputes Tribunal 1969 Maharashtra, Karnataka and Andhra Pradesh

2. Godavari Water Disputes Tribunal 1969 Maharashtra,Karnataka,A.P,M.P and Orissa

3. Narmada Water Disputes Tribunal 1969 Rajasthan, Gujarat, M.P and Maharashtra

4. Ravi and Beas Water Disputes Tribunal 1986 Punjab and Haryana

5. Cauvery Water Disputes Tribunal 1990 Karnataka, Kerala, T.N and Pondicherry

6. Second Krishna Water Disputes Tribunal 2004 Maharashtra, Karnataka and A.P

7. Vansadhara Water Disputes Tribunal 2010 Odisha and Andhra Pradesh

8. Mahadayi Water Disputes Tribunal 2010 Goa, Karnataka and Maharashtra

Emergency Provisions

1. The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360.

2. It converts the federal structure into a unitary one without a formal amendment of the Constitution.

3. The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act of 1978.

NATIONAL EMERGENCY

1. A proclamation of national emergency may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.

2. The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only on the Concurrence of the cabinet and not merely on the advice of the prime minister.

3. The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.

4. The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act of 1978.

5. However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.

6. Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority that is, (a) a majority of the total membership of that house, and (b) a majority of not less than two-thirds of the members of that house present and voting. This special majority provision was introduced by the 44th Amendment Act of 1978. Previously, such resolution could be passed by a simple majority of the Parliament.

7. A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval. Further, the President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation. Again, this safeguard was introduced by the 44th Amendment Act of 1978. Before the amendment, a proclamation could be revoked by the president on his own and the Lok Sabha had no control in this regard.

8. The 44th Amendment Act of 1978 also provided that, where one-tenth of the total number of members of the Lok Sabha give a written notice to the Speaker (or to the president if the House is not in session), a special sitting of the House should be held within 14 days for the purpose of considering a resolution disapproving the continuation of the proclamation.

9. A resolution of disapproval is different from a resolution approving the continuation of a proclamation in the following two respects:

1. The first one is required to be passed by the Lok Sabha only, while the second one needs to be passed by the both Houses of Parliament.

2. The first one is to be adopted by a simple majority only, while the

10. The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.

11. The right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during emergency.

PRESIDENT’S RULE

1. Article 355 imposes a duty on the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution. It is this duty in the performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state. This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.

2. The President’s Rule can be proclaimed under Article 356 on two grounds—one mentioned in Article 356 itself and another in Article 365:

1. Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. Notably, the president can act either on a report of the governor of the state or otherwise too (ie, even without the governor’s report).

2. Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

• For the first time, the President’s Rule was imposed in Punjab in 1951.

FINANCIAL EMERGENCY

1. Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.

2. There is no maximum period prescribed for its operation; and repeated parliamentary approval is not required for its continuation.

3. Either House of Parliament only by a simple majority

CENTRAL GOVERNMENT

PRESIDENT :

1. Articles 52 to 78 in Part V of the Constitution deal with the Union executive.

2. The Union executive consists of the President, the Vice-President, the Prime Minister, the council of ministers and the attorney general of India.

3. The nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Pondicherry do not participate in the election of the President.

4. The nominated members of either House of Parliament can participate in the impeachment of the  President though they do not participate in his election;

5. The elected members of the legislative assemblies of states and the Union Territories of Delhi and Pondicherry do not participate in the impeachment of the President though they participate in his election.

6. He nominates 12 members of the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service.

7. He can nominate two members to the Lok Sabha from the Anglo-Indian Community

8. Money bills can be introduced in the Parliament only with his prior recommendation.

Vice-President

Election of the President in the following two respects:

1.  It consists of both elected and nominated members of the Parliament (in the case of president, only elected members).

2. It does not include the members of the state legislative assemblies

PRIME MINISTER

1. President is the head of the State while Prime Minister is the head of the government.

Council of Ministers

1. Article 74 deals with the status of the council of ministers while Article 75 deals with the appointment, tenure, responsibility, qualification, oath and salaries and allowances of the ministers.

2. The total number of ministers, including the Prime Minister, in the Council of Ministers not exceeds 15% of the total strength of the Lok Sabha. The provision was added by the 91st Amendment Act of 2003

3. The ministers shall hold office during the pleasure of the President.

4. The council of ministers shall be collectively responsible to the Lok Sabha

PARLIAMENT

Question Hour

The first hour of every parliamentary sitting is slotted for this. During this time, the members ask questions and the ministers usually give answers. The questions are of three kinds, namely, starred, unstarred and short notice.

A starred question (distinguished by an asterisk) requires an oral answer and hence supplementary questions can follow.

An unstarred question, on the other hand, requires a written answer and hence, supplementary questions cannot follow.

A short notice question is one that is asked by giving a notice of less than ten days. It is answered orally.

Zero Hour

Unlike the question hour, the zero hour is not mentioned in the Rules of Procedure. Thus it is an

Informal device available to the members of the Parliament to raise matters without any prior notice.

Motions

No discussion on a matter of general public importance can take place except on a motion made with

The consent of the presiding officer.

1. Substantive Motion: It is a self-contained independent proposal dealing with a very important matter like impeachment of the President or removal of Chief Election Commissioner.

2. Closure Motion It is a motion moved by a member to cut short the debate on a matter before the House.

3. Privilege Motion It is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts.

4. Calling Attention Motion It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter.

5. Adjournment Motion It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted. As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device. The discussion on an adjournment motion should last for not less than two hours and thirty minutes.

6. No-Confidence Motion the Lok Sabha can remove the ministry from office by passing a no-confidence motion. The motion needs the support of 50 members to be admitted.

7. Motion of Thanks The first session after each general election and the first session of every fiscal year is addressed by the president.

8. No-Day-Yet-Named Motion It is a motion that has been admitted by the Speaker but no date has been fixed for its discussion.

9. Point of Order A member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure.

10. Resolutions The members can move resolutions to draw the attention of the House or the government to matters of general public interest.

LEGISLATIVE PROCEDURE IN PARLIAMENT

1. If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final

2. A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the president.

       Ordinary Bill Vs Money Bill

Slno Ordinary bill Sl Money bill

1 It can be introduced either in the Lok Sabha or the Rajya Sabha 1 It can be introduced only in the Lok Sabha and not in the Rajya Sabha

2 It can be introduced either by a minister or by a private member. 2 It can be introduced only by a minister

3 It is introduced without the recommendation of the president. 3 It can be introduced only on the recommendation of the President

4 It can be amended or rejected by the Rajya Sabha 4 It cannot be amended or rejected by the Rajya Sabha. The Rajya Sabha should return the bill with or without

5 It can be detained by the Rajya Sabha for a maximum period of six months. 5 It can be detained by the Rajya Sabha for a maximum period of 14 days only.

6 It does not require the certification of the Speaker when transmitted to the Rajya Sabha (if it has originated in the Lok Sabha). 6 It requires the certification of the Speaker when transmitted to the Rajya Sabha.

7 It is sent for the President’s assent only after being approved by both the Houses. In case of a deadlock due to disagreement between the two Houses, a joint sitting of both the houses can be summoned by the president to resolve the deadlock 7 It is sent for the President’s assent even if it is approved by only Lok Sabha. There is no chance of any disagreement between the two Houses and hence, there is no provision of joint sitting of both the Houses in this regard.

8 Its defeat in the Lok Sabha may lead to the resignation of the government (if it is introduced by a minister). 8 Its defeat in the Lok Sabha leads to the resignation of the government

9 It can be rejected, approved, or returned for reconsideration by the President 9 It can be rejected or approved but cannot be returned for reconsideration by the President

• The CAG submits three audit reports to the president, namely, audit report on appropriation accounts, audit report on finance accounts and audit report on public undertakings.

Supreme Court

1. The Supreme Court of India was inaugurated on January 28, 1950. It succeeded the Federal Court of India, established under the Government of India Act of 1935.

2. The Supreme Court has replaced the British Privy Council as the highest court of appeal.

3. Tenure of Judges The Constitution has not fixed the tenure of a judge of the Supreme Court. However, it makes the following three provisions in this regard: He holds office until he attains the age of 65 years. Any question regarding his age is to be determined by such authority and in such manner as provided by Parliament. He can resign his office by writing to the president. He can be removed from his office by the President on the recommendation of the Parliament.

4. The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment:

i. A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.

ii. The Speaker/Chairman may admit the motion or refuse to admit it.

iii. If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges.

iv. The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice of a high court, and (c) a distinguished jurist.

v. If the committee finds the judge to be guilty of misbehavior or suffering from an incapacity, the House can take up the consideration of the motion.

vi. After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge.

vii. Finally, the president passes an order removing the judge

GOVERNOR

1. As held by the Supreme Court in 1979, the office of governor of a state is not an employment under the Central government.

2. A governor holds office for a term of five years from the date on which he enters upon his office.

3. He nominates one-sixth of the members of the state legislative council from amongst persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.

4. He can nominate one member to the state legislature assembly from the Anglo-Indian Community.

5. He cannot pardon a death sentence

CHIEF MINISTER

1. He is a member of the Inter-State Council and the National Development Council, both headed by the prime minister.

 Articles 371 to 371-J in Part XXI of the constitution contain special provisions for eleven states viz.,  Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka.

PROVISIONS FOR MAHARASHTRA AND GUJARAT

Under Article 371, the President is authorised to provide that the Governor of Maharashtra and that of Gujarat would have special responsibility for:

1. The establishment of separate development boards for (i) Vidarbha, Marathwada and the rest of    Maharashtra, (ii) Saurashtra, Kutch and the rest of Gujarat;

2. Making a provision that a report on the working of these boards would be placed every year before the State Legislative Assembly;

PROVISIONS FOR NAGALAND

Article 371-A makes the following special provisions for Nagaland:

1. The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides:

(i) Religious or social practices of the Nagas;

(ii) Naga customary law and procedure;

(iii) Administration of civil and criminal justice involving decisions according to Naga customary law; and

(iv) Ownership and transfer of land and its resources.

(v) Members in the Nagaland Legislative Assembly from the Tuensang district are not elected directly by the people but by the regional council

Assam

Under Article 371-B, the President is empowered to provide for the creation of a committee of the Assam Legislative Assembly consisting of the members elected from the Tribal Areas of the state and such other members as he may specify

Manipur

Article 371-C makes the following special provisions for Manipur:

1. The President is authorized to provide for the creation of a committee of the Manipur Legislative Assembly consisting of the members elected from the Hill Areas of the state

ANDHRA PRADESH

Articles 371-D and 371-E contain the special provisions for Andhra Pradesh. Under Article 371-D, the following are mentioned:

1. The President is empowered to provide for equitable opportunities and facilities for the people belonging to different parts of the state in the matter of public employment and education and different provisions can be made for various parts of the state.

2. Article 371-E empowers the Parliament to provide for the establishment of a Central University in the state.

SIKKIM

The 36th Constitutional Amendment Act of 1975 made Sikkim a full-fledged state of the Indian Union. It included a new Article 371-F containing special provisions with respect to Sikkim. These are as follows:

      1.  The Sikkim Legislative Assembly is to consist of not less than 30 members.

      2.  One seat is allotted to Sikkim in the Lok Sabha and Sikkim forms one Parliamentary constituency

MIZORAM

Article 371-G specifies the following special provisions for Mizoram:

1. The Acts of Parliament relating to the following matters would not apply to Mizoram unless the State               Legislative Assembly so decides:

(I) Religious or social practices of the Mizos;

(ii) Mizo customary law and procedure;

(iii) Administration of civil and criminal justice involving decisions according to Mizo customary law;

(iv) Ownership and transfer of land.

2. The Mizoram Legislative Assembly is to consist of not less than 40 members.

Arunachal Pradesh

Under Article 371-H, the following special provisions are made for Arunachal Pradesh:

1. The Governor of Arunachal Pradesh shall have special responsibility for law and order in the state. In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgment and his decision is final. This special responsibility of the Governor shall cease when the President so directs.

2. The Arunachal Pradesh Legislative Assembly is to consist of not less than 30 members.

Goa

Article 371-I provides that the Goa Legislative Assembly is to consist of not less than 30 members.

KARNATAKA

Under Article 371-J, the President is empowered to provide that the Governor of Karnataka would have special responsibility for

1. The establishment of a separate development board for Hyderabad-Karnataka region.

2. The reservation of seats in educational and vocational training institutions in the region for students who belong to the region

3. The reservation in state government posts in the region for persons who belong to the region

PANCHAYATI RAJ

 It was constitutionalised through the 73rd Constitutional Amendment Act of 1992.

Balwant Rai Mehta Committee:

1. Establishment of a three-tier Panchayati raj system—gram panchayat at the village level, panchayat samiti at the block level and zila parishad at the district level. These tiers should be organically linked through a device of indirect elections.

2. The village panchayat should be constituted with directly elected representatives, whereas the panchayat samiti and zila parishad should be constituted with indirectly elected members

 Rajasthan was the first state to establish Panchayati Raj

 Ashok Mehta Committee: In December 1977, the Janata Government appointed. recommendations were:

1. The three-tier system of Panchayati raj should be replaced by the two-tier system, that is, zila parishad at the district level, and below it, the mandal panchayat consisting of a group of villages with a total population of 15,000 to 20,000.

2. The state government should not supersede the panchayati raj institutions. In case of an imperative supersession, elections should be held within six months from the date of supersession.

 G V K Rao Committee : A post of District Development Commissioner should be created. He should act as the chief executive officer of the Zila Parishad and should be in charge of all the development departments at the district level.  The committee, in its scheme of decentralized system of field administration, assigned a leading role to the Panchayati Raj in local planning and development.

 L M Singhvi Committee: In 1986, Rajiv Gandhi government appointed.

(i)The Panchayati Raj institutions should be constitutionally recognised, protected and preserved. For this purpose, a new chapter should be added in the Constitution of India. This will make their identity and integrity reasonably and substantially inviolate. It also suggested constitutional provisions to ensure regular, free and fair elections to the Panchayati Raj bodies.

(ii) Nyaya Panchayats should be established for a cluster of villages.

(iii) The villages should be reorganised to make Gram Panchayats more viable. It also emphasized the   importance of the Gram Sabha and called it as the embodiment of direct democracy.

(iv) The Village Panchayats should have more financial resources.

73RD AMENDMENT ACT OF 1992

Significance of the Act

• This act has added a new Part-IX to the Constitution of India. It is entitled as ‘The Panchayats’ and consists of provisions from Articles 243 to 243 O.

• The act does not apply to the states of Jammu and Kashmir, Nagaland, Meghalaya and Mizoram and certain other areas.

Municipalities

1. There are eight types of urban local governments in India—municipal corporation, municipality, notified area committee, town area committee, cantonment board, township, port trust and special purpose agency.

2. The system of urban government was constitutionalised through the 74th Constitutional Amendment Act of 1992. At the Central level, the subject of ‘urban local government’ is dealt with by the following three ministries:

(i) Ministry of Urban Development, created as a separate ministry in 1985

(ii) Ministry of Defence in the case of cantonment boards

(iii) Ministry of Home Affairs in the case of Union Territories.

3. In 1687-88, the first municipal corporation in India was set up at Madras.

4. Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna Carta’ of local self government. He is called as the father of local-self government in India.

5. P V Narasimha Rao’s Government also introduced the modified Municipalities Bill in the Lok Sabha in September 1991. It finally emerged as the 74th Constitutional Amendment Act of 1992 and came into force on 1 June 1993

74TH AMENDMENT ACT OF 1992 :

1. This Act has added a new Part IX-A to the Constitution of India. It is entitled ‘The Municipalities’ and consists of provisions from Articles 243-P to 243-ZG.

2. In addition, the act has also added a new Twelfth Schedule to the Constitution. This schedule contains eighteen functional items of municipalities. It deals with Article 243-W.

3. The act gave constitutional status to the municipalities.

4. Three Types of Municipalities: 1. A nagar panchayat, 2. A municipal council, 3. A municipal corporation.

5. Exempted Areas: The scheduled areas and tribal areas in the states. It  shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council of the West Bengal

Union territories

1. Under Article 1 of the Constitution, the territory of India comprises three categories of territories:

 (a) territories of the states; (b) union territories; and (c) territories that may be acquired by the Government of India at any time

2. During the British Rule, certain areas were constituted as ‘scheduled districts’ in 1874. Later, they came to be known as ‘chief commissioners provinces’. After independence, they were placed in the category of Part ‘C’ and Part ‘D’ states. In 1956, they were constituted as the ‘union territories’ by the 7th Constitutional Amendment Act (1956) and the States Reorganisation Act (1956).

3. The Delhi chief minister is appointed by the President (not by the lt. governor). The other ministers are appointed by the president on the advice of the chief minister.

4. Under the Government of India (Allocation of Business) Rules 1961, Ministry of Home Affairs is  the nodal ministry for all matters of Union Territories relating to legislation, finance and budget, services and appointment of Lt. Governors and Administrators.

5. All the five UTs without a legislature (Andaman and Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, and Lakshadweep) have the forum of Home Minister’s Advisory Committee (HMAC), on which, besides the Administrator and Member of Parliament from the respective Union Territory, members from the local elected bodies, e.g., District Panchayats and Municipal Council /Committees are nominated as members. Meetings of the HMAC are chaired by the Union Home Minister, or, in his absence, by the Minister of State in the Ministry of Home Affairs. The Committee discusses the general issues relating to social and economic development of the Union territories.

Scheduled and Tribal areas

1. The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions

2. The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.

3. The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions. He may dissolve a district or regional council on the recommendation of the commission.

Tribal Areas at a Glance (2013)

States Tribal Areas

1. Assam 1. The North Cachar Hills District.

    2. The Karbi Anglong District

                    3. The Bodoland Territorial Areas District.

2. Meghalaya 1. Khasi Hills District.

 2. Jaintia Hills District.

3. The Garo Hills Distric

3. Tripura Tripura Tribal Areas District

4. Mizoram 1. The Chakma District.

2. The Mara District.

3.The Lai District

Election Commission

1. The Election Commission is an all-India body in the sense that it is common to both the Central government and the state governments

2. It must be noted here that the election commission is not concerned with the elections to panchayats  and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission

3. On 16 October 1989, the president appointed two more election commissioners to cope with the increased work of the election commission on account of lowering of the voting age from 21 to 18 years.

4. They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

Union Public Service Commission

1. The Union Public Service Commission (UPSC) is the central recruiting agency in India. It is an independent constitutional body in the sense that it has been directly created by the Constitution.

2. The chairman and members of the Commission hold office for a term of six years or until they attain the age of 65 years, whichever is earlier

State Public Service Commission

1. The chairman and members of the Commission hold office for a term of six years or until they attain the age of 62 years, whichever is earlier (in the case of UPSC, the age limit is 65 years).

2. Although the chairman and members of a SPSC are appointed by the governor, they can be removed only by the president (and not by the governor)

                                                            JOINT STATE PUBLIC SERVICE COMMISSION                     

1. The Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states. While the UPSC and the SPSC are created directly by the Constitution, a JSPSC can be created by an act of Parliament on the request of the state legislatures concerned. Thus, a JSPSC is a statutory and not a constitutional body. The two states of Punjab and Haryana had a JSPSC for a short period, after the creation of Haryana out of Punjab in 1966.

2. The chairman and members of a JSPSC are appointed by the president. They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.

Finance Commission

1. Article 280 of the Constitution of India provides for a Finance Commission as a quasi judicial body. It is constituted by the president of India every fifth year or at such earlier time as he considers necessary.

2. The Finance Commission consists of a chairman and four other members to be appointed by the president. They are eligible for reappointment.

3. It must be clarified here that the recommendations made by the Finance Commission are only of advisory nature and hence, not binding on the government

        National Commission for SCs

1. The National Commission for Scheduled Castes (SCs) is a constitutional body in the sense that it is directly established by Article 338 of the Constitution.

2. On the other hand, the other national commissions like the National Commission for Women (1992), the National Commission for Minorities (1993), the National Commission for Backward Classes (1993), the National Human Rights Commission (1993) and the National Commission for Protection of Child Rights (2007) are statutory bodies in the sense that they are established by acts of the Parliament

3. Article 338 is contained in Part XVI entitled as ‘Special Provisions Relating to Certain Classes’.

National Commission for  STs

1. The National Commission for SCs and STs came into being consequent upon passing of the 65th Constitutional Amendment Act of 1990.

    Special Officer for Linguistic Minorities

2. Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic Minorities. Later, the States Reorganisation Commission (1953-55) made a recommendation in this regard. Accordingly, the Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part XVII of the Constitution.

3. The Commissioner has his headquarters at Allahabad (Uttar Pradesh). He has three regional offices at Belgaum (Karnataka), Chennai (Tamil Nadu) and Kolkata (West Bengal).

Comptroller and Auditor General of India (CAG)

1. The Constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor General of India (CAG)

2. He is the guardian of the public purse and controls the entire financial system of the country at both the levels—the Centre and the state.

3. He holds office for a period of six years or upto the age of 65 years, whichever is earlier.

4. He is not eligible for further office, either under the Government of India or of any state, after he ceases to hold his office.

5. No minister can represent the CAG in Parliament (both Houses) and no minister can be called upon to take any responsibility for any actions done by him.

6. The CAG submits three audit reports to the President—audit report on appropriation accounts, audit report on finance accounts, and audit report on public undertakings. The President lays these reports before both the Houses of Parliament. After this, the Public Accounts Committee examines them and reports its findings to the Parliament.

Attorney General for India

1. The Constitution (Article 76) has provided for the office of the Attorney General for India. He is the highest law officer in the country.

2. He must be a citizen of India and he must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the president.

3. In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India. Further, he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a member of Parliament.

SOLICITOR GENERAL OF INDIA

1. They assist the AG in the fulfillment of his official responsibilities.

2. It should be noted here that only the office of the AG is created by the Constitution. In other words, Article 76 does not mention about the solicitor general and additional solicitor general.

3. The AG is not a member of the Central cabinet. There is a separate law minister in the Central cabinet to look after legal matters at the government level

Advocate General of State

1. The Constitution (Article 165) has provided for the office of the advocate general for the states. He is the highest law officer in the state. Thus he corresponds to the Attorney General of India.

2. He must be a citizen of India and must have held a judicial office for ten years or been an advocate of a high court for ten years.

3. He holds office during the pleasure of the Governor.

Planning Commission

1. The Planning Commission was established in March 1950 by an executive resolution of the Government of India, (i.e., union cabinet) on the recommendation of the Advisory Planning Board constituted in 1946, under the chairmanship of K C Neogi. Thus,The Planning Commission is neither a constitutional body nor a statutory body.

2. It should be noted that the Planning Commission is only a staff agency—an advisory body and has no executive responsibility.

National Development Council

1. The National Development Council (NDC) was established in August 1952 by an executive resolution of the Government of India on the recommendation of the first five year plan (draft outline). Like the Planning Commission, it is neither a constitutional body nor a statutory body.                 

2. The first and foremost function of NDC is to act as a bridge and link between the Central government, the state governments and the Planning Commission, especially in the field of planning, to bring about coordination of policies and programmes of plans            .

National Human Rights Commission

1. The National Human Rights Commission is a statutory (and not a constitutional) body. It was established in 1993 under a legislation enacted by the Parliament, namely, the Protection of Human Rights Act, 1993. This Act was amended in 2006.

2. The commission is a multi-member body consisting of a chairman and four members.

3. The chairman should be a retired chief justice of India, and members should be serving or retired judges of the Supreme Court, a serving or retired chief justice of a high court and two persons having knowledge or practical experience with respect to human rights.

4. In addition to these full-time members, the commission also has four ex-officio members—the chairmen of the National Commission for Minorities, the National Commission for SCs, the National Commission for STs and the National Commission for Women.

5. The chairman and members are appointed by the president on the recommendations of a six-member committee consisting of the prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Central home minister. Further, a sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India.

6. The chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier.

7. After their tenure, the chairman and members are not eligible for further employment under the Central or a state government.

8. The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.

9. The functions of the commission are mainly recommendatory in nature. It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim.

HUMAN RIGHTS (AMENDMENT) ACT, 2006

1. Reducing the number of members of State Human Rights Commissions (SHRCs) from five to three.

2. Empowering the NHRC to undertake visits to jails even without intimation to the state governments.

State Human Rights Commission

1. The State Human Rights Commission is a multi-member body consisting of a chairperson and two members

2. The chairperson should be a retired Chief Justice of a High Court and members should be a serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District Judge and a person having knowledge or practical experience with respect to human rights.

3. The chairperson and members are appointed by the Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly. In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee.

4. The chairperson and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier.

5. Although the chairperson and members of a State Human Rights Commission are appointed by the governor, they can be removed only by the President (and not by the governor).

Central Information Commission

1. The Central Information Commission was established by the Central Government in 2005. It was constituted through an Official Gazette Notification under the provisions of the Right to Information Act (2005). Hence, it is not a constitutional body.

2. The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners. They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

3. The Chief Information Commissioner and an Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.

4. The salary, allowances and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner But; they cannot be varied to his disadvantage during service.

Central Vigilance Commission

1. The Central Vigilance Commission (CVC) is the main agency for preventing corruption in the Central government. It was established in 1964 by an executive resolution of the Central government. Its establishment was recommended by the Santhanam Committee on Prevention of Corruption (1962–64).

2. Originally the CVC was neither a constitutional body nor a statutory body. Recently, in September 2003, the Parliament enacted a law conferring statutory status on the CVC.

3. In 2004, the Government of India authorized the CVC as the “Designated Agency” to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action

4. The CVC is a multi-member body consisting of a Central Vigilance Commissioner (chairperson) and not more than two vigilance commissioners. They are appointed by the president by warrant under his hand and seal on the recommendation of a three-member committee consisting of the prime minister as its head, the Union minister of home affairs and the Leader of the Opposition in the Lok Sabha. They hold office for a term of four years or until they attain the age of sixty five years, whichever is earlier. After their tenure, they are not eligible for further employment under the Central or a state government.

5. The salary, allowances and other conditions of service of the Central Vigilance Commissioner are similar to those of the Chairman of UPSC But they cannot be varied to his disadvantage after his appointment.

Central Bureau of Investigation

1. Set up in 1963 by a resolution of the Ministry of Home Affairs. Later, it was transferred to the Ministry of Personnel and now it enjoys the status of an attached office. The Special Police Establishment (which looked into vigilance cases) setup in 1941 was also merged with the CBI.

2. The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962 -1964). The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946.

3. Motto: Industry, Impartiality and Integrity.

4. The CBI Academy is located at Ghaziabad, Uttar Pradesh and started functioning in 1996.

‘Lokpal’ and ‘lokayukta’

1. The lokayukta and upalokayukta are appointed by the governor of the state. While appointing, the governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly.

2. In most of the states, the term of office fixed for lokayukta is of 5 years duration or 65 years of age, whichever is earlier. He is not eligible for reappointment for a second term.

3. The recommendations made by the lokayukta are only advisory and not binding on the state government.

Co-operative Societies

1. The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to co-operative societies. In this context, it made the following three changes in the constitution:

I) It made the right to form co-operative societies a fundamental right (Article 191).

II) It included a new Directive Principle of State Policy on promotion of co-operative societies (Article 43-B2).

III) It added a new Part IX-B in the Constitution which is entitled “The Co-operative Societies” (Articles 243-ZH to 243-ZT).

2. The maximum number of directors of a co-operative society shall not exceed twenty-one.

Official Language

1. In 1955, the president appointed an Official Language Commission under the chairmanship of BG Kher.

2. The judgements, decrees and orders of the high court must continue to be in English only.

Public Services

1. Any disciplinary action (imposition of penalties) against IAS officers can only be taken by the Central government.

2. Sardar Vallabhbhai Patel was the chief protagonist of all-India services in the Constituent Assembly. Hence, he came to be regarded as the ‘Father of all-India Services.

TRIBUNALS

1. The original Constitution did not contain provisions with respect to tribunals. The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution. This part is entitled as ‘Tribunals’ and consists of only two Articles—Article 323 A dealing with administrative tribunals and Article 323 B dealing with tribunals for other matters.

2. The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is guided by the principles of natural justice. These principles keep the CAT flexible in approach. Only a nominal fee of `50 is to be paid by the applicant. The applicant may appear either in person or through a lawyer.

Rights and Liabilities of the Government

1. All rights, liabilities and obligations of the government of the dominion of India or a province or an Indian state would now be the rights, liabilities and obligations of the Government of India or the corresponding state.

2. All lands, minerals and other things of value under the waters of the ocean within the territorial waters of India, the continental shelf of India and the exclusive economic zone of India vests in the Union. Hence, a state near the ocean cannot claim jurisdiction over these things.

3. The Judicial Officers Protection Act (1850) lays down that, ‘no judge, magistrate, justice of peace, collector or other person acting judicially shall be liable to be sued in any civil court for any act done by him in the discharge of his official duty.

Political Parties

1. The two parties in the US are Democratic and Republican, and in Britain are Conservative and Labour.

Election

1. The 61st Constitutional Amendment Act of 1988 reduced the voting age from 21 years to 18 years.

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