Government of Tamilnadu

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Course : TNPSC Group II Exam Subject : Indian Polity Topic : Constitution of India

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CONSTITUTION OF INDIA

The British came to India in 1600 as Pitt's India Act of 1784: traders, in the form of East India  In a bid to rectify the defects of the Company, which had the exclusive Regulating Act of 1773, the British right of trading in India under a charter Parliament passed the Amending granted by Queen Elizabeth I. In 1858, Act of 1781, also known as the Act in the wake of the 'sepoy mutiny', the of Settlement. The next important British Crown assumed direct act was the Pitt's India Act of 1784. responsibility for the governance of India. In 1765, the company got rights Features of the Act : over revenue and Civil Justice of ie.  It distinguished between the Diwani Rights, over Bengal, Bihar and commercial and political functions Orissa. In 1934 Constituent Assembly of the company. was formed by the suggestion of Mr.  It allowed the Court of Directors to M.N. Roy. manage the commercial affairs but created a new body called Board of COMPANY RULE (1773 - 1858) : Control to manage the political REGULATING ACT OF 1773 : affairs. Thus, it established a Features of the Act : system of double government ie.  It designated the Governor of Dyarchy. Bengal as the 'Governor-General of  The British government got the Bengal'. The first such Governor- Supreme control over the General was Lord Warren Hastings. companys affairs.  It provided for the establishment of a Supreme Court at Calcutta (1774) Charter Act of 1833 : comprising one chief justice and  This Act was the final step towards three other judges. centralisation in British India.

 It prohibits the servants of company for accepting presents. Page 1

Constitution of India

Features of the Act :  It introduced an open competition  It made the Governor-General of system of selection and recruitment Bengal as the Governor-General of Civil servants. The covenanted civil India and vested in him all civil and service was thus thrown open to the military powers. Lord William Indians also. Accordingly, the Bentinck was the first governor Macaulay Committee (the general of India. Committee on the Indian Civil  The charter Act of 1833 attempted Service) was appointed in 1854. to introduce a system of open competition for selection of civil THE CROWN RULE (1858-1947) : servants. Government of India Act of 1858:  East India Company became as a This Significant Act was enacted purely administrative body. in the wake of the Revolt of 1857- also known as the First War of Charter Act of 1853 : Independence or the 'sepoy mutiny'. This was the last of the series of The act known as the Act for the Good Charter Acts passed by the British Government of India, abolished the Parliament between 1793 and 1853. East India Company rule, and transferred the powers of government, Features of the Act : territories and revenues to the British  It separated, for the first time, the Crown. legislative and executive functions of the Governor General's council. It Features of the Act of 1858 : provided for addition of six  It changed the designation of the members called legislative Governor-General of India to that of councillors to the council. Viceroy of India. He (viceroy) was  Out of the six members four the direct representative of the members were selected from local British Crown in India. Lord Canning government of Madras, Bombay thus became the first Viceroy of Bengal & Agra. India.

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 It ended the system of double in the council. It also gave a government by abolishing the Board recognition to the 'portfolio' system, of Control and Court of Directors. introduced by Canning in 1859.  It created a new office, Secretary of  It empowered the Viceroy to issue State India, vested with complete ordinances, without the authority and control over Indian concurrence of the legislative administration. council, during an emergency. The  It established a I5-member to assist life of such an ordinance was six the secretary of state for India. The months. council was an advisory body. INDIAN COUNCILS ACT OF 1861, Featuresof the Act of 1892 : 1892 AND 1909 :  It increased the number of Features of the Act of 1861 : additional (non-official) members in  It made a beginning of the Central and provincial legislative representative institutions by councils, but maintained the official associating Indians with the law- majority in them. making process. In 1862 Lord  It increased the functions of Canning nominated 3 Indians to his legislative councils and gave them council, the Raja of Benaras, the power of discussing the budget Maharaja of Patiula and Sir Dinakar and addressing questions to the Rao. executive.  It also provided for the  Indirect provision for election was establishment of new legislative used. councils for Bengal, North-Western Frontier Province (NWFP) and Features of the Act of 1909: Punjab, which were established in  This Act is also known as Morley- 1862, 1866 and 1897 respectively. Minto Reforms (Lord Morley was  Decentralisation process started. the then Secretary of State for  It empowered the Viceroy to make India and Lord Minto was the then rules and orders for more Viceroy of India). convenient transaction of business

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Constitution of India

 It considerably increased the size of of 'separate electorate'. Under this, the legislative councils, both Central the Muslim members were to be and provincial. The number of elected only by Muslim voters. members in the Central Legislative Thus, the Act 'legalised Council was raised from 16 to 60. communalism' and Lord Minto The number of members in the came to be known as the Father of provincial legislative councils was Communal Electorate. not uniform.  Provided separate representation  It retained official majority in the for Presidency, Corporations, Central Legislative Council but Chambers of Commerce, allowed the provincial legislative University, Zamindars. councils to have non- official GOVERNMENT OF INDIA ACT OF majority. 1919 :  It enlarged the deliberative  On August 20, 1917, the British functions of the legislative councils Government declared, for the first at both the levels. For example, time, that its objective was the members were allowed to ask gradual introduction of responsible supplementary questions, move government in India. resolutions on the budget, and so  The Government of India Act of on. 1919 was thus enacted, which  It provided (for the first time) for the came into force in 1921. This Act is association of Indians with the also known as Montagu-Chelmsford executive Councils of the Viceroy Reforms (Montagu was the and governors Satyendra Prasad Secretary of State for India and Sinha became the first Indian to Lord Chelmsford was the Viceroy of join the Viceroy's Executive council. India).

He was appointed as the law member. Features of the Act :  It introduced a system of  The central and provincial communal representation for legislatures were authorised to Muslims by accepting the concept make laws on their respective list of

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Constitution of India

subjects. However, the structure of statutory commission under the government continued to be chairmanship of Sir John Simon to centralised and unitary. report, on the condition of India  It further divided the provincial under its new Constitution. subjects into two parts-transferred  All the members of this commission and reserved. The transferred were British hence all parties subjects were to be administered by boycott the commission. the governor with the aid of  In Tamilnadu the boycott was ministers responsible to the headed by Thiru. Sathyamoorthy. legislative Council. The reserved subjects, on the other hand, were to Communal Award In August 1932 : be administered by the-governor Ramsay MacDonald, the British and his executive council without Prime Minister, announced a scheme being responsible to the legislative of representation of the minorities, Council. This dual scheme of which came to be known as the governance was known as 'dyarchy' Communal Award. The award not only  It introduced, for the first time, continued separate electorates for the bicameralism and direct elections in Muslims, Sikhs, Indian Christians, the country. Anglo-Indians and Europeans but also  It created a new office of the High extended it to the depressed classes Commissioner for India in London (scheduled castes).  It provided for the appointment of a Gandhiji was distressed over this statutory commission to inquire into extension of the principle' of communal and report on its working after ten representation to the depressed years of its coming into force. classes and undertook fast unto death in Yeravada Jail (Poona) to get the Simon Commission: award modified. At last, there was an  In November 1927 itself (i.e., 2 agreement between the leaders of the years before the schedule), the Congress and the depressed classes. British Government announced the The agreement, known as Poona Pact, appointment a seven-member retained the Hindu joint electorate and

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Constitution of India

have reserved seats to the depressed  It provided for the adoption of classes. diarchy at the Centre.  It introduced bicameralism in six out GOVERNMENT OF INDIA ACT OF of eleven provinces. 1935 :  It further extended the principle of The Act marked a second communal representation by milestone towards a completely providing separate electorates for responsible government in India. It was depressed classes (scheduled a lengthy and detailed document castes), women and labour having 321 Sections and 10 (workers). Schedules.  It abolished the Council of India, established by the Government of Features of the Act : India Act of 1858.  It provided for the establishment of  It provided for the establishment of an All-India Federation consisting of a Reserve Bank of India to control provinces and princely states as the currency and credit of the units. The Act divided the powers country. between the Centre and units in  It provided for the establishment of terms of three lists-Federal List for not only a Federal Public Service Centre, with 59 item), Provincial List Commission but also a Provincial for provinces, with 54 items) and Public Service Commission and the Concurrent List for both, with 36 Joint Public Service Commission for items). two or more provinces.  Residuary powers were given to the  It provided for the establishment of Viceroy. However, the federation a Federal Court, which was set up never came into being as the in 1937. princely states did not join it.  It abolished dyarchy in the INDIAN INDEPENDENCE ACT OF provinces and introduced ‘provincial 1947 : autonomy’ in its place.  On February 20, 1947, the British Prime Minister Clement Atlee

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declared that the British rule in  It empowered the Constituent India would end by June 30,1948; Assemblies with the dominions after which the power would be to legislate for their respective transferred to responsible Indian territories till the new hands ended the British rule in constitutions were drafted and India and declared India as an enforced. No Act of the British independent and sovereign state Parliament passed after August from August 15,1947. 15, 1947 was to extend to either  It provided for the partition of of the new dominions unless it India and creation of two was extended thereto by a law of independent dominions of India the legislature of the dominion. and Pakistan with the right to  It abolished the office of the secede from the British Common secretary of the state for India and wealth. transferred his functions to the  It abolished the office of viceroy secretary of state for and provided, for each dominion, Commonwealth Affairs. a governor general, who was to  It dropped title of Emperor of be appointed by the British King India from royal titles of the king on the advice of the dominion of England. cabinet.  Lord Mountbatten became the first  It empowered the Constituent governor-general of the new Assemblies the two dominions to Dominion India. He swore in frame and adopt constitution for Jawaharlal Nehru as the first prime their respective nations and to minister of independent India. The repeal any act of the British Constituent Assembly of India Parliament, including the formed in 1946 became the Independence itself. Parliament of the Indian Dominion.  It granted permission to princely states to join India or Pakistan or remain Independent.

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INTERIM GOVERNMENT (1946)

Sl.No. Members Portfolios Held 1. Jawaharlal Nehru (Head) External Affairs & Commonwealth Relations 2. Sardar Vallabhbhai Patel Home, Information & Broad casting 3. Dr. Rajendra Prasad Food & Agriculture 4. Dr. John Mathai Industries & Supplies 5. Jagjivan Ram Labour 6. Sardar Baldev Singh Defence 7. C.H. Bhabha Works, Mines & Power 8. Liaquat Ali Khan Finance 9. Abdur Rab Nishtar Posts & Air 10. Asaf Ali Railways & Transport 11. C. Rajagopalachari Education & Arts 12. I.I. Chundrigar Commerce 13. Ghaznafar Ali Khan Health 14. Joginder Nath Mandal Law

Note: The members of the interim government were members of the Viceroy’s Executive Council. The Viceroy continued to be the head of the Council. But, Jawaharlal Nehru was designated as the Vice-President of the Council.

FIRST CABINET OF FREE INDIA – 1947

Sl.No. Members Portfolios Held 1. Jawaharlal Nehru External Affairs, Common Wealth relations, Scientific Research 2. Sardar Patel Home, Information and Broad casting, states 3. Rajendra Prasad Food, Agriculture 4. Johnmathai Railways and Transport 5. Jagjivan Ram Labour

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Constitution of India

6. Sardar Baldev Singh Defence 7. CH Bhaba Commerce 8. RK. Shunmugachetty Finance 9. B.R. Ambedkhar Law 10. Raj kumari Amritkaur Health 11. Dr.Shyam Prasad Industries and supply Mukherji 12. V.N. Gadgil Work Mines and Power 13. Rafi Ahmed Kidwar Communication 14. Maulana Abul Kalam Education Azad  1938, Jawaharlal Nehru, declared MAKING OF THE CONSTITUTION that the constitution of free India must be framed without outside Constitution is a legally sanctified interference. document of people’s faith and  In 1934, Indian National Congress aspirations. It was the fundamental law (INC) officially demanded for of the of a country and all other laws and constitution constituent Assembly customs of the country in order to be for making of the constitution. valid must conform to it.  British accepted the demand in

1940, known as ‘AUGUST OFFER’  The constitution of India was 24 March 1946. framed and adopted by the  1942, Sir Stafford Cripps came to constituent assembly of India. India, with a proposal of, framing  The task of framing a constitution of the constitution after world war. a sovereign democratic nation is  Cabinet mission was sent to India. performed by a representative body  6th May 1946 - Cabinet Mission of its people. Such a body elected made a declaration. by the people for the purpose of

considering and adopting a

constitution may be known as CABINET MISSION: constituent assembly.

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Constitution of India

It consist of three members:  Elections held in August 1946. The 1. Lord Pethick Lawrence INC won 209 seats, Muslim League 2. Sir Stafford Cripps 73 seats, Independents 15 seats. 3. A.V.Alexander arrived India on  Princely states stay away from the March 24, 1946. constituent Assembly.  Mahatma Gandhi didn’t participate COMPOSITION OF THE in the assembly. CONSTITUENT ASSEMBLY:  The total strength of constituent WORKING OF THE CONSTITUENT assembly was to be 389. ASSEMBLY: Total Strength – 389  On December 9, 1946, constituent British India – 296 Assembly held its first meeting with Princely States – 93 Dr. Sachchidanand Sinha as 11 Governors province – 292 temporary president. Meeting Chief commissioners – 4 attended by 211 members. provinces  Muslim League boycotted the meeting insisting on a separate  Seats are allocated in proportion to state of Pakistan, only 211 their respective population members attended.  296 British Indian Representative of  On December 11, 1946, each community were elected and Dr.Rajendra Prasad and that of princely states were H.C.Mukherjee were elected as nominated.  Seats were allocated to three President and Vice-President of communities - Muslims, Sikhs and Assembly. general - in proportion to their  Sir B.N.Rau as constitutional population. (10 Lakh member per Advisor. population).  On 13 December1946, Jawaharlal  Method of proportional Nehru moved the historic representation by means of single “Objectives Resolution’ in the transferable vote. Assembly. It envisage the constitutional structure.

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Constitution of India

 After partition of 1947, (due to Parliament of India on November withdrawal of Muslim League) 26, 1949. members reduced to 299. (90  The Objective Resolution was Muslim members). adopted by the constituent  Constituent Assembly has two assembly on January 22, 1947. functions, 1. Formulation of constitution - OTHER FUNCTIONS PERFORMED Chaired by Dr.Rajendra Prasad.  It ratified the India’s membership of 2. Law making Body - Chaired by the Commonwealth in May 1949. G.V.Mavlankar.  It adopted the national flag on July 22 1947  Total sessions: - Eleven (11)  It adopted the national anthem on 1. December 9 to 23, 1946 - First January 24, 1950 Session.  It elected Dr Rajendra Prasad as 2. November 14 to 26, 1949 - Final the first President of India on Session (11th). January 24, 1950.  It took 2 years, 11 months, and 18 days to frame constitution.  The draft constitution was considered for 114 days.  The Constituent Assembly of India was converted into the Provisional

COMMITTEES OF THE CONSTITUENT ASSEMBLY:  Totally 22 committees, out of these 8 were major committees.

S.No. Committee Chairman 1. Union Power Committee Jawaharlal Nehru 2. Union Constitution Committee Jawaharlal Nehru 3. States Committee Jawaharlal Nehru 4. Rules of Procedure Committee Dr. Rajendra Prasad 5. Steering Committee Dr. Rajendra Prasad

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6. Provincial Constitution Committee Sardar Patel 7. Advisory Committee on Fundamental Rights Sardar Patel and Minorities 8. Drafting Committee Dr.B.R.Ambedkar 9. Negotiating Committee Jawaharlal Nehru 10. Business Committee K.M.Munshi

MINOR COMMITTEES

S.No. Committee Chairman 1. Order of Business KM. Munshi 2. House Committee B. Pattabhi Sitaramayya 3. Ad-hoc Committee on National Flag Rajendra Prasad 4. Special Committee to examine Draft Alladi Krishnaswamy Ayyar Constitution 5. Credentials Committee Alladi Krishnaswamy Ayyar 6. Finance and staff Committee A.N.Sinha 7. Hindi Translation Committee 8. Urdu Translation Committee 9. Press Gallery Committee 10. Adhoc Committee on Scheduled Castes 6. N.Madhava Rau (Replaced DRAFTING COMMITTEE: B.L.Mitter - due to iII health) (Dr.B.R.Ambedkar - Head) 7. T.T.Krishnamachari  Set up on August 29, 1947. (Replaced D P Khaitan, died  Task of preparing draft of the in 1948). New Constitution  Constitution was adopted on  Members: November 26, 1949, and received 1. Dr.B.R.Ambedkar (Chairman) signatures from 284 out of 299 2. N.Gopalaswamy Ayyangar members. 3. Alladi Krishswamy Ayyar 4. Dr.K.M.Munshi 5. Syed Mohammed Saadullah

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Constitution of India

ENACTMENT OF THE SALIENT FEATURES OF INDIAN CONSTITUTION : CONSTITUTION:  The constitution as adopted 1. Preamble contained a Preamble, 395 articles, 2. Lengthiest written constitution 8 schedule. 3. Drawn from various sources  Dr.B.R.Ambedkar, Law Minister is 4. Blend of Rigidity and flexibility recognised as “Father of the 5. Federal system with unitary bias Constitution of India” and ‘Çhief 6. A Secular state Architect of the Constitution of 7. Parliamentary form of India’. government ENFORCEMENT: 8. Fundamental rights  Some parts effect from November 9. Directive Principles of state 26, 1949 like citizenship, elections, policy provisional parliament, temporary 10. Fundamental duties and Transitional provision - 11. Synthesis of Parliamentary immediate effect. Sovereignty and Judicial  Major part of constitutional came Supremacy into force on January 26, 1950. 12. Integrated and Independent  26th January 1950, Date of Judiciary Commencement of the Constitution. 13. Universal Adult Franchise  Mahatma Gandhi and Mohammad 14. Single Citizenship Ali Jinnah were not members of the 15. Independent Bodies Constituent Assembly. 16. Emergency provisions 17. Three-Tier Government

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Constitution of India

Provisions of the constitution and their source Major part of the our constitution has taken from Government of India act , 1935

SL.No. Sources Features Borrowed 1.  Government of India Act – 1935 Federal Scheme office of Governor Judiciary, Public service Commission Emergency provisions administrative Details 2.  Independence of Judiciary  Judicial Review  President as the Executive Head  President as Supreme Commander of the Armed Forces USA Constitution  The Vice-President as the ex-officio Chairman of the Council of States  Fundamental Rights  Preamble  Removal of Supreme Court and High Court Judges 3.  Law making procedures  Rule of Law  System of single citizenship UK Constitution  Parliamentary system with ministerial responsibility 4.  Federation with ministerial responsibility  Distribution of powers between the Union and the States and placing residuary Canadian Constitution powers with the Centre  Appointment of state governors by the

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Constitution of India

centre 5. Directive Principles of state policy, Method of Election of the President Nomination of members to the Rajya Sabha Irish Constitution by the President 6. Emergency and its effect on Fundamental Weimar Constitution of Rights Germany 7. Concurrent List, Provision regarding trade, Australian Constitution commerce and intercourse and joint sitting of the two houses of parliament 8. Constitutional Amendments South African Constitution 9. Fundamental Duties and the ideal of Justice (social, Economic and political) in the Russian Constitution Preamble 10. Republic, Liberty, Equality, Fraternity French Constitution 11. Procedure established by Law Japanese Constitution

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Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Preamble of the Constitution

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PREAMBLE OF THE CONSTITUTION

 The American constitution was the EQUALITY of status and of first to begin with a preamble. opportunity; and to promote among  It refers to the introduction to them all; constitution. FRATERNITY assuring the dignity of  The Preamble of the Indian the individual and the unity and Constitution is based on the integrity of the Nation; Óbjective Resolution’ drafted and moved by Pandit Jawaharlal Nehru IN OUR CONSTITUENT and adopted by the constituent ASSEMBLY Assembly. this twenty-sixth day of November,1949, TEXT OF THE PREAMBLE : do HEREBY ADOPT, ENACT AND The preamble in its present form GIVE TO OURSELVES THIS reads: CONSTITUTION” “We, THE PEOPLE OF INDIA,  Adopted on 26 November 1949 having and amended only once in 1976. solemnly resolved to constitute India  People is the source of preamble. into a SOVEREIGN SOCIALIST KEY WORDS OF PREAMBLE: SECULAR  Sovereign, Socialist, Secular, DEMOCRATIC REPUBLIC and to Democratic, Republic, Justice, secure to all its citizens: Liberty, Equality, Fraternity. JUSTICE, Social, Economic and Political; PREAMBLE RELATED CASES: LIBERTY of thought, expression, a) BERUBARI UNION: (1960) belief, faith and worship; Supreme Court said “Preamble is not a part of constitution”.

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Preamble of the Constitution

b) KESAVANANDA BHARATI CASE : (1973) “Preamble is a part of the constitution” (without altering the Basic structure) c) LIC OF INDIA CASE : (1995) “Preamble is the Integral Part of Constitution” (without altering the Basic structure of the constitution).

AMENDABILITY OF THE PREAMBLE  The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which has added three new words – Socialist, Secular and Integrity – to the Preamble. This amendment was held to be valid.

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Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Salient Features of Constitution

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SALIENT FEATURES OF

CONSTITUTION

SALIENT FEATURES OF INDIAN CONSTITUTION: 1. Preamble 2. Lengthiest written constitution 3. Drawn from various sources 4. Blend of Rigidity and flexibility 5. Federal system with unitary bias 6. A Secular state 7. Parliamentary form of government 8. Fundamental rights 9. Directive Principles of state policy 10. Fundamental duties 11. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 12. Integrated and Independent Judiciary 13. Universal Adult Franchise 14. Single Citizenship 15. Independent Bodies 16. Emergency provisions 17. Three-Tier Government]

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Salient Features of Constitution

Provisions of the constitution and their source Major part of the our constitution has taken from Government of India act , 1935

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Salient Features of Constitution

 Appointment of state governors by the centre 5. Directive Principles of state policy, Method of Election of the President Nomination of members to the Rajya Sabha Irish Constitution by the President 6. Emergency and its effect on Fundamental Weimar Constitution of Rights Germany 7. Concurrent List, Provision regarding trade, Australian Constitution commerce and intercourse and joint sitting of the two houses of parliament 8. Constitutional Amendments South African Constitution 9. Fundamental Duties and the ideal of Justice (social, Economic and political) in the Russian Constitution Preamble 10. Republic, Liberty, Equality, Fraternity French Constitution 11. Procedure established by Law Japanese Constitution

1. PARTS Parts Subject Matter Articles Covered I The Union and its territory 1 to 4 II Citizenship 5 to 11 III Fundamental Rights 12 to 35 IV Directive Principles of State Policy 36 to 51 IV-A Fundamental Duties 51-A V The Union Government 52 to 151 Chapter I - The Executive 52 to 78 Chapter II - Parliament 79 to 122

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Salient Features of Constitution

Chapter III - Legislative Powers of President 123 Chapter IV - The Union Judiciary 124 to 147 Chapter V - Comptroller and Auditor General of India 148 to 151 VI The State Governments 152 to 237 Chapter I - General 152 Chapter II - The Executive 153 to 167 Chapter III - The State Legislature 168 to 212 Chapter IV - Legislative Powers of Governor 213 Chapter V - The High Courts 214 to 232 Chapter VI - Sub-ordinate Courts 233 to 237 VIII The Union Territories 239 to 242 IX The Panchayats 243 to 243-0 IX-A The Municipalities 243 P to 243-ZG IX-B Cooperative Society 243-ZH to 243- ZT X The Scheduled and Tribal Areas 244 to 244 - A XI Relations between the Union and the States 245 to 263 Chapter I - Legislative Relations 245 to 255 Chapter II - Administrative Relations 256 to 263 XII Finance, Property, Contracts and Suits 264 to 300-A Chapter I - Finance 264 to 291 Chapter II - Borrowing 292 to 293 Chapter III - Property, Contracts, Rights, Liabilities, 294 to 300 Obligations and Suits Chapter IV - Right to Property 300-A XIII Trade, Commerce and Intercourse within the Territory 301 to 307 of India XIV Services under the Union and the States 308 to 323

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Salient Features of Constitution

Chapter I - Services 308 to 314 Chapter II - Public Service Commissions 308 to 323 XIV-A Tribunals 323-A to 323-B XV Elections 324 to 329-A XVI Special Provisions relating to SCs, OBCs and Anglo - 330 to 342 Indians XVII Official Language 343 to 351 Chapter I - Language of the Union 343 to 344 Chapter II - Regional Languages 345 to 347 Chapter III - Language of the Supreme Court, 348 to 349 High Courts, and so on Chapter IV - Special Directives 350 to 351 XVIII Emergency Provisions 352 to 360 XIX Miscellaneous 361 to 367 XX Amendment of the Constitution 368 XXI Temporary, Transitional and Special Provisions 369 to 392 XXII Short title, Commencement, Authoritative Text in Hindi 393 to 395 and Repeals

NOTES: Part VII (dealing with Part – B states) was deleted by the 7th Amendment Act (1956). On the other hand, both Part IV-A and Part XIV-A were added by the 42nd Amendment Act (1976), while Part IX-A was added by the 74th Amendment Act (1992), and part IX-B was added by the 97th Amendment Act (2011).

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Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Union & Its Territory

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UNION & ITS TERRITORY

 Article 1 to 4 under Part-I of the ARTICLE 2: constitution deals with union and its Empowers the parliament to territories. admit into the Union of India, or establish, new States on such terms ARTICLE 1: and conditions as it thinks fit’. Describe India, that is, Bharat as  Not applicable for union territories, a ‘UNION OF STATES’, rather than a as per this article. ‘Federation of States’.  Union territory can admitted only through Constitutional Amendment  The states have no right to secede Act - (Article 368) Eg.: Goa, Diu, from the federation. The federation Daman. is an Union because it is  Empowers the parliament to admit indestructible. India is a into the Union of India or for indestructible union of destructible establishment of New States. states. ARTICLE 3:  Article 1, the territory of India can  Formation of new States and be classified into 3 categories, alteration of areas, boundaries (or) a) Territories of States names of existing states. b) Union territory  It authorises the parliament to, c) Acquired territory Form a new state by separation of  At present there are 29 states, 7 territory from any state or by uniting union territories. 2 or more states or parts of states  Special provisions under part XXI, or by uniting any territory to a part applicable to the states of of any state. Maharashtra, Gujarat, Nagaland, Assam, Manipur, AP, Sikkim, Mizoram, Arunachal Pradesh, Goa.

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Union & its Territory

UNION TERRITORIES Article 239 to 241 in Part VIII of the Constitution deal with the union territories:  Every union territory is administered by the President through an Administrator appointed by him.  In Delhi, Daman-Diu, Dadra and Nagar Haveli and Pondicherry – administered by Lt. Governor  Andaman & Nicobar and Chandigarh Chief Commissioner  Lakshadweep - Administrator  There are Legislative assemblies and council of ministers in Pondicherry & Delhi  The president can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, and Daman and Diu. Special Provisions for Delhi:  The 69th constitutional Amendment Act of 1991 provided a special status to the Union Territory of Delhi, and redesignated the National Capital Territory of Delhi and designated the administrator of Delhi as the lieutenant (lt).  According to the 69th Amendment Act, 1991, Union Territory of Delhi shall be called the National Capital Territory and it shall have a Legislative Assembly to which members shall be directly chosen by the people.  The Assembly shall make laws on the matters enumerated in State List (except on matters relating to Public order, Police, Land).  Strength of Assembly - 70

Increase the area of any state BILL : Can be introduced in the 1. Diminish the area of any state parliament only with the Prior 2. Alter the boundaries of any state recommendation of president. 3. Alter the Name of any state 1. Before it, the president has to refer the same to the state legislative

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Union & its Territory

concerned for expressing its views within a specified period. ARTICLE 4 : 2. President or Parliament is not 1. Article 2 and 3 are not to be bound by the views of the state considered, as amendment of legislature. constitution under article - 368. IN CASE OF UNION TERRITORY: 2. Such laws can be passed by a 3. No reference need be made to the SIMPLE MAJORITY and by concerned legislature and the ORDINARY legislative process. parliament can itself take any action as it deems fit. NEW STATES CREATED AFTER 1950: Andhrapradesh - 1953 Kerala - 1956 Karnataka - 1956 State (Reorganisation) Act, 1956. Gujarat - 1960 Maharastra - 1960 Bombay (Reorganisation) Act, 1960. Nagaland - 1962 - State of Nagaland Act, 1962 Haryana - 1966 - Punjab (Reorganisation) Act, 1962. Himachal Pradesh - 1970 - State of Himachal Pradesh Act, 1970. Meghalaya - 1971 Manipur - 1971 - North Eastern Areas (Reorganisation) Act, 1971. Tripura - 1971 Sikkim - 1975 - 36th Amendment Act, 1975. Mizoram - 1986 - State of Mizoram Act, 1986. Arunachal Pradesh- 1986 - State of Arunachal Pradesh Act, 1986. Goa - 1987 - Goa, Diu, Daman Reorganisation Act, 1987. Chattisgarh - 2000 Uttarkhand - 2000 - Constitutional Amendment Act, 2000. Jharkhand - 2000 Telanghana - 2014 - Andhra Pradesh Reorganisation Act – 2014

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Union & its Territory

Change of Names called the JVP Committee.  The names of some states and (Jawaharlal Nehru, Vallahbai Patel union territories have also been and Pattabhi Sitaramayya) changed. The United Provinces was  JVP Committee submitted its report the first state to have a new name. in April 1949, they rejected It was renamed ‘Uttar Pradesh’ in language as the basis for 1950. In 1969, Madras was reorganisation of states. renamed ‘Tamil Nadu’. Similarly, in  However, in October 1953, the GOI st 1973, Mysore was renamed was forced to create the 1 ‘Karnataka’. In the same year, linguistic state, known as Andhra Laccadive, Minicoy and Amindivi state. This followed a Prolonged Islands were renamed Popular agitation and the death of ‘Lakshadweep’ In 1992, the Union potti sriramulu, after a 56 day Territory of Delhi was redesignated hunger strike for Andhra state. as the National Capital Territory of  State Reorganisation Commission Delhi (without being conferred the (1953) created under Fazal Ali as status of a full-fledged state) by the Chairman, its other members are K. 69th Constitutional Amendment Act, M. Panikkar and H.N. Kunzru. 1991. In 2006, Uttaranchal was  It accepted language as basis of renamed as ‘Uttarakhand’. reorganisation of states.  In the same year, Pondicherry was  Recommended 16 States and 3 renamed as ‘Puducherry’ In 2011, centrally administered territories. Orissa was renamed as ‘Odhisha’.  As a result, 14 states and 6 union territories were created on November 1, 1956. REORGANISATION OF STATES:  Constituent Assembly appointed S.K.Dhar Commission in November 1948. Purpose - To study the issue of reorganisation of States on linguistic Basis.  Submitted their Report in December 1948 and recommended reorganisation of states on the basis of administrative convenience rather than linguistic factor  This led to appointment of another Linguistic Provinces Committee by the Congress in December 1948,

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Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Fundamental Duties

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Commissioner, Department of Employment and Training.

FUNDAMENTAL DUTIES

In 1976, the Fundamental Duties of  Article 51-A in Part IV A of our citizen were added in the constitution Constitution. by the recommendations of Sardar  One more duty was added by Swaransingh Committee 86th Amendment Act, 2002. nd  Included by 42 Amendment  They are enforceable by law. Act, 1976, Source – USSR  Totally at present 11 duties.

Eleven Fundamental Duties for Citizens 1. To abide by and respect the Constitution, the National Flag and the National Anthem. 2. To cherish and follow the noble ideals of the freedom struggle. 3. To uphold and protect the sovereignty, unity and integrity of India. 4. To defend the country and render national service when required. 5. To promote common brotherhood and establish dignity of women. 6. To value and preserve the rich heritage of the nation’s composite culture. 7. To protect and improve natural environment. 8. To develop scientific temper, humanism and spirit of inquiry. 9. To safeguard public property and abjure violence. 10. To strive for excellence in all spheres of individual and collective activity. 11. It shall be duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward, between the age of 6 and 14 years (Added by 86th Amendment 2002).

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Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Fundamental Duties

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FUNDAMENTAL DUTIES

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Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Human Rights Charter

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HUMAN RIGHTS CHARTER

Definition: four members. The chairman Human Rights are moral claims that should be a retired chief justice of are inalienable and inherent to all India, and other members should be individuals by virtue of being human. a serving or retired judge of the HR Covers: Supreme Court, a serving or retired 1. Dowry system, Purdah system chief justice of a high court and two 2. Sexual harassment & Domestic persons having knowledge or violence practical experience with respect to 3. Custodial death human rights. 4. Untounchability  In addition to these full-time 5. Social discrimination members, the commission also has 6. Bonded & child labour four ex-officio members – the 7. Religious violence & caste chairman of the National violence Commission for SCs, the National Commission for STs and the NATIONAL HUMAN RIGHTS National Commission for Women. COMMISSION  The National Human Rights Appointment: Commission is a statutory body. It  By the president, on the was established in 1993 under a recommendations of a six-member legislation enacted by the committee consisting of the 1. prime minister as its head, Parliament, namely, the Protecting 2. the speaker of the Lok Sabha of Human Rights Act, 1993. This 3. the Deputy Chairman of the Act was amended in 2006. Rajya Sabha

4. Leaders of the Opposition in both Composition: the Houses of Parliament  The commission is a multi-member body consisting of a chairman and Page 1

Human Rights Charter

5. Parliament and the Central home inmates and make recommendation Ministers. thereon.

Term and Tenure: Working of the Commission:  The chairman and members hold  The commission’s headquarters is office for a term of five years or until at Delhi and it can also establish they attain the age of 70 years, offices at other places in India. whichever is earlier.  It has all the powers of a civil court

Functions: and its proceedings have a judicial  To inquire into any violation of character. human rights or negligence in the  The commission is not empowered prevention of such violation by a to inquire into any matter after the public servant, either suo motu or expiry of one year from the date on on a petition presented to it or on an which the act constituting violation order of a court. of human rights is alleged to have  To intervene in any proceeding been committed. involving allegation of violation of  The functions of the commission human rights pending before a are mainly recommendatory in court. nature.  To visit jails and detention places to  Its recommendations are not study the living conditions of binding on the concerned

 The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006.  It was a subsidiary body of the UN Economic and Social Council (ECOSOC), and was also assisted in its work by the Office of the United Nations High Commissioner for Human Rights (UNHCHR).  It met for the first time in January 1947 and established a drafting committee for the Universal Declaration of Human Rights, which was adopted by the United Nations on December 10, 1948.  Human Rights Day – December 10.

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Human Rights Charter

government or authority. But, it The chairperson should be a retired should be informed about the action Chief Justice of a High Court and taken on its recommendations members should be a serving or within one month. retired judge of a High Court or a District Judge in the state with a STATE HUMAN RIGHTS minimum of seven years experience COMMISSION (SHRC) as District Judge and a person  A State Human Rights Commission having knowledge or practical can inquire into violation of human experience with respect to human rights only in respect of subjects rights. mentioned in the State List (List – II) and the Concurrent List (List – III) of Appointment: the Seventh Schedule of the  By the Governor on the Constitution. recommendations of a committee Composition: consisting of  It is a multi-member body consisting of a chairperson and two members. FORMER CHAIRPERSONS Sl Name Tenure No 1. Justice Ranganath Misra 12 October 1993 - 24 November 1996 2. Justice M N Venkatachaliah 26 November 1996 - 24 October 1999 3. Justice J S Verma 4 November 1999 - 17 January 2003 4. Justice A S Anand 17 February 2003 - 31 October 2006 5. Justice Shivaraj Patil (Acting Person) From 1st November 2006 - 1st April 2007 6. Justice S. Rajendra Babu 2 April 2007 - 31 May 2009 7. Jusice G P Mathur (Acting Person) From 1st 2009 – 6th June 2010 8. Justice K G Balakrishnan 7 June 2010 - 11 May 2015 9. Justice H.L. Dattu 29 February 2016

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Human Rights Charter

1. Chief Minister as its head  To intervene in any proceeding involving allegation of violation of 2. The Speaker of the Legislative human rights pending before a Assembly court. 3. The State Home Minister

4. The Leader of opposition in the  To visit jails and detention places to Legislative Assembly study the living conditions of 5. The chairman of the Council inmates and make recommendation and the Leader of the thereon. opposition in the Council

(Incase the state have Working: legislative Council)  It has all the powers of a civil

court and its proceedings have a Term and Tenure: judicial character.  The chairperson and members hold  The Commission is not empowered office for a term of five years or until to inquire into any matter after the they attain the age of 70 years, expiry of one year from the date on whichever is earlier. which the act constituting violation

of human rights is alleged to have Removal: been committed.  By the president

Functions: TAMILNADU HUMAN RIGHTS  To inquire into any violation of COMMISSION human rights or negligence in the Chair person – Mrs. Justice prevention of such violation by a T. Meenakumari public servant, either suo motu or on a petition presented to it or on an order of a court.

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Government of Tamilnadu

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Course : TNPSC Group II Exam Subject : Indian Polity Topic : Union Executive

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Commissioner, Department of Employment and Training.

UNION EXECUTIVE

PRESIDENT VICE-PRESIDENT PM with COMPTROLLER COMs AND AUDITOR GENERAL OF INDIA

Organisational Structure of Union Government

President (Nominal Executive)

Vice President

Prime Minister (Real Executive)

Cabinet

Parliament

Lok Sabha Rajya Sabha

Committees of Lok Sabha Committees of Rajya Sabha

Joint Committees of both the Houses

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Union Executive

PRESIDENT 4. He should not hold any office of 1. Article 52-78 in Part V of the profit under the Government. constitution, deals with Union 5. He must be supported by Executive. atleast 50 elector as proposer 2. The President is the head of the and 50 electors as seconders. Indian State. 6. Security deposit - Rs.25,000, 3. He is the first Citizen of India. Lost deposit if the person got th less than 1/6 of vote. PART V: The Union CHAPTER I - The Executive Election: (Article 54 and 55)

Article 52 The President of India. 1. Indirect Election. Article 54 Election of President. 2. Not directly elected by the Article 55 Manner of Election of President. people, but by the members of Article 61 Procedure for electoral college. The Electoral impeachment of the President. college consists of Article 72 Power of President to  Elected members of both the grant pardons, to suspend, remit or Houses of parliament. commute sentences in  Elected members of legislative certain cases. Qualifications: (Article 58) assemblies of the state. 1. He should be a Citizen of India.  Elected members of the legislative 2. He must have completed the assemblies of Union territories of age of 35 years. Delhi and Puducherry. 3. He should be qualified to  Nominated members should not in become the member of the Lok the came under electoral college. Sabha.

3. Value of vote of an MLA.

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Union Executive

4. Value of vote of an MP  In his absence senior most

Judge of the Supreme Court

available.

Salary : 5. Electoral Quota  Salary and privileges are

determined by Parliament.

6. Secret ballot, system of Resignation : proportional representation by  Address his Resignation letter to means of single transferable Vice-President of India . vote.  Vice-President communicate it to 7. All doubts and disputes in the Speaker of Lok Sabha about connection with election of his resignation. President are inquired into and decided by Supreme Court, Removal: whose decision is final.  Impeachment for violation of constitution. Term of Office: (Article 56) 1. The president hold office for a Vacancy: term of 5 years. 1. In case the office falls vacant 2. He can hold office beyond his due to death, resignation or term until his successor removal, the Vice-President act assumes charge. as President. (If he is not 3. He is eligible for re-election to available then Chief Justice, if that office. not then senior - most judge of 4. He may be elected for any Supreme Court). number of times. 2. The election is to be held within six months of vacancy. Oath of Office: (Article 60)

 Oath is administered by Chief Justice of India.

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Union Executive

Impeachment of the President (Art. 61)

 Under Art.61 of the Constitution, The President of India can be impeached for the violation of the Constitution, which is solely to be decided by the Parliament.  The impeachment procedure is quasi-judicial in nature. Impeach menu can be initiated in either house. Originating House passes Resolution to this effect by a 2/3rd majority of the strength of the House (resolution supported by not less than 25%) of the members of the House.  It will be moved only after a prior notice of 14 days to the President).  The other House sets up a Committee to investigate the charges against the President.  The President can defend himself by taking service of the Attorney General of India or any other lawyer of his choice.  If the second house also passes the resolution with the same 2/3rd majority of the strength of the house, the President stands impeached.  So Far no President Impeached.  Nominated members of either House of Parliament can participate in the impeachment of the president though they do not participate in his election.  The elected members of the legislative assemblies of states and Union Territories of Delhi & Puducherry do not participate in impeachment though they participate in election.

List of Presidents:

Sl. No. Period Victorious Candidate Special Features 1. 1952 - 1962 Dr.Rajendra Prasad Only President to secure two terms in office 2. 1962 – 1967 Dr.S.Radhakrishnan He received Bharat Ratna Award in 1954 before becoming the President

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3. 1967 – 1969 Dr.Zakir Hussain 1st Indian President died in office. 4. 3rd May 1969 – 20th V.V.Giri Only Person served both July 1969 an acting President and President of India 5. 20th July 1969 – Mohammed Hidayatullah Chief Justice of India, 24th August 1969 who acted as President of India 6. 24th August 1969 – V.V.Giri 24th August 1974 1974 – 1977 Fakhruddin Ali Ahmed Second Indian President to die in office 1977 – 1982 N. Sanjeeva Reddy 1st Chief Minister of Andhra Pradesh 7. 1982 - 1987 Giani Zail Singh 8. 1987 – 1992 R.Venkataraman 9. 1992 – 1997 Dr.Shankar Dayal Sharma 10. 1997 - 2002 K.R.Narayanan 11. 2002 – 2007 Dr.A.P.J.Abdul Kalam Affectionately known as people’s President 12. 2007 - 2012 Ms.Pratibha Patil 1st Woman to become the President of India. She was also the first female governor of Rajasthan 13. 2012 to till date Pranab Mukherjee

POWERS: 2. He can make rules for more Executive Powers: convenient transaction of business 1. All executive actions of the of the Union government, and for Government of India are formally allocation of the said business taken in his name. among the ministers.

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3. He can declare any area as bill pending in the parliament or scheduled area and has powers otherwise. with respect to the administration of 5. Appoint any member of the Lok scheduled areas and tribal areas. Sabha as the Speaker or Deputy 4. He appoints : PM, Ministers, Chief Speaker when the year office fall Justice and Judges of Supreme vacant (same way in Rajya Court and High Court, Chairman Sabha). and members of UPSC, Comptroller 6. In persons having special and Auditor General, Attorney knowledge in literature, science, General, Chief Election Art and social Service. Commissioner and Other members Nominates: 12 members - Rajya of Election Commission, Governors, Sabha. 2 Members to Lok Sabha Members of Finance Commission, (Anglo-Indian Community). Ambassadors. 7. Prior Recommendation is needed 5. He directly administers the Union to introduce certain type of bills in Territories through the Lt.Governor, Parliament. (Ex. Bill having Commissioner, Administrator. expenditure from (i). Consolidated fund of India Legislative Powers: (ii) alteration of boundaries 1. Can summon and prorogue the (iii) creation of new states session of the two houses and a) Assent to the bill can dissolve Lok Sabha. b) With hold his assent 2. Can address both the houses c) Return (if it is not a money jointly or separately. bill or a constitutional 3. Addresses the first session after amendment bill). general election and at the 8. He enjoys 3 type of veto - powers commencement of the first 1) Absolute Veto session of a each year. 2) Suspense Veto 4. Can send messages to both the 3) Pocket Veto houses, whether with respect to a 9. Enact laws through ordinance Article 123 when the parliament

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is not in session (Ordinance must completely absolves the offender be approved by Parliament within from all punishments and 6 weeks of reassembly). Also disqualifications. withdraw ordinance at any time. 2) Reprieve: It means a stay of the 10. Lays the report of Comptroller execution of a sentence for a and Auditor General, UPSC, the temporary period. Finance Commission and others 3) Remission: The power of before the parliament. remission reduces the period of sentence without changing its Financial Powers: character. E.g., a sentence of  All money bills can originate in imprisonment for one year may Parliament (prior recommendation be remitted for six months. of President). 4) Respite : The power to grant  No Demand for grant can be made respite means awarding a lesser except on his recommendation. sentence instead of the  Make advances out of the prescribed penalty in view of Contingency Fund of India to meet some special facts E.g. any unforeseen expenditure. pregnancy of the woman  Appoints finance commission. offender. (Every 5 years). 5) Commutation: It merely  He can laid before the Annual substitutes one form of the financial statement before punishment for a lighter character parliament. - death by transportation, transportation by rigorous Judicial Powers: Art. 72 imprisonment, rigorous Appoints Chief Justice of Judges of imprisonment by simple SC & HC. The President’s pardoning imprisonment, and simple power comprises a group of imprisonment by fine and so on. analogous powers. 1) Pardon : It removes both the Military Powers: sentences and the conviction and

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 President, the Supreme vested in him to deal with Commander of the Defence unforeseen or urgent matters. But, Forces of India. the exercises of this power is  Appoints Chiefs of Army, Navy subject to the following four & Air Force. limitations:  Declares war or conclude  He can promulgate an ordinance peace, subject to the approval only when both the Houses of of the Parliament. Parliament are not in session or when either of the two Houses of Diplomatic Powers: Parliament is not in session.  Represents country in international  He can make an ordinance only forums. when he is satisfied that the  Sends ambassadors & receives circumstances exist that render it diplomats. necessary for him to take th  International treaties & immediate action.The 38 agreements are concluded on his Constitutional Amendment Act of behalf. 1975 made the President’s satisfaction final and conclusive Ordinance-Making Power of the and beyond judicial review. But, President this provision was deleted by the th 1. Article 123 of the Constitution 44 Constitutional Amendment empowers the President to Act of 1978. promulgate ordinances during the  His ordinance-making power is recess of Parliament. These coextensive as regards all ordinances have the same force matters except duration, with the and effect as an act of Parliament, law-making powers of the but are in the nature of temporary Parliament. This has two laws. implications: 2. The ordinance-making power is a) An ordinance can be issued the most important legislative only on those subjects on power of the President. It has been

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which the Parliament can  Financial Emergency - Art. make laws. 360 b) An ordinance is subject to the same constitutional limitation VICE PRESIDENT as an act of Parliament.  The Vice-President occupies the Hence, an ordinance cannot second highest office in the abridge or take away any of country. the fundamental rights.  This office is modelled on the lines of the American Vice-  Every ordinance issued by the President. President during the recess of  Article 63 : Vice President of Parliament must be laid before India both the Houses of Parliament  Article 66 : Election of Vice when it reassembles. If the President ordinance is approved by both  Elected by both the houses the Houses, it becomes an act. If (Electoral College) of parliament Parliament takes no action at all,  The Supreme Court has the final the ordinance ceases to operate and exclusive jurisdiction for on the expiry of six weeks from resolving disputes and doubts the reassembly of Parliament. relating to the election of the The ordinance may also cease to Vice-President. operate even earlier than the prescribed six weeks, if both the Qualification: Houses of Parliament pass  Citizen of India. resolutions disapproving it.  More than 35 years of age.  Possess the qualification for  Emergency Powers: President membership of Rajya Sabha. can Declare  Not hold any office of profit.  National Emergency - Art. 352  State Emergency - Art. 356 Term of Office: (Article 67)  Holds office for 5 years. Page 9

Union Executive

 Can be re-elected. Oath: (Article 69) - is administered by  He is the chairman of Rajya the President or some person appointed in that behalf by him. Sabha.  He is not a member he has no right to vote but in case of

equality of votes he can use casting vote. LIST OF VICEPRESIDENT:

Sl. No. Period Victorious Candidate 1. 1952 - 1962 Dr. Sarvepalli Radhakrishnan 2. 1962 – 1967 Dr. Zakir Hussain 3. 1967 – 1969 V.V.Giri 4. 1969 – 1974 Gopal Swarup Pathak 5. 1974 – 1979 B.D. Jatti 6. 1979 – 1984 Justice Muhammad Hidayatullah 7. 1984 – 1987 R. Venkataraman 8. 1987 – 1992 Dr. Shankar Dayal Sharma 9. 1992 – 1997 K.R. Narayanan 10. 1997 – 2002 Krishan Kant 11. 2002 – 2007 Bhairon Singh Shekhawat 12. 2007 to 2017 Mohd.Hamid Ansari 13. 2017 onwards Venkaiah Naidu

 Being the Vice President of  All bills, resolution, motion can India, he is not entitled for any be taken in Rajya Sabha after salary; but draws the salary and his consent. allowances payable to the  Can discharge the function of Chairman of the Rajya Sabha. President if the post falls vacant. (For 6 months).

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The Vice President takes over the Appointment of the Prime Minister: office of the President when the  Article 75 says only that the Prime situation arises due to Minister shall be appointed by the 1. death of the President; President and other minister are 2. resignation of the President; appointed on PM’s advice. 3. removal of the President;  The President has to appoint the 4. absence, illness or any other leader of the majority party in the cause, When he discharges the Lok Sabha as the Prime Minister. functions of the President, the But, when no party has a clear Vice President does not perform majority in the Lok Sabha, then the the duties of the office of the president may exercise his Chairman of Rajya Sabha and personal discretion in the selection shall not be receive the salary of and appointment. the Chairman of Rajya Sabha. During this period, he is entitled for the privileges of the Oath, Term and Salary: President of India.  President administers the oaths 5. Present salary is Rs. 1,25,000/- of office and secrecy. per month. Pension is 50% of  The term of the Prime Minister is the salary not fixed and he holds office during the pleasure of the PRIME MINISTERS President. In the scheme of parliamentary  He gets the salary and system of government, the President is allowances that are payable to a the nominal executive authority (de member of parliament. jure executive) and Prime Minister is the real executive authority (de facto Powers and Functions: executive). In Relation to Council of Ministers  He recommends persons who can be appointed as ministers by the president. Page 11

Union Executive

 He allocates and reshuffles  He can recommend dissolution various portfolios among the of the Lok Sabha to President at ministers. any time.  He can ask a minister to resign  He announces government or advise the President to policies on the floor of the house. dismiss him in case of difference of opinion. Other Powers & Functions  He presides over the meeting of  He is the chairman of the council of ministers Planning Commission, National Development Council, National In Relation to the President Integration Council, Inter-State  He is the principal channel of Council and National Water communication between the Resources Council. President and the council of  He plays a significant role in ministers. shaping the foreign policy of the  He advises the president with country. regard to the appointment of  He is the chief spokesman of the important officials like attorney Union government. general of India, Comptroller and  He is the crisis manager-in-chief Auditor General of India, at the political level during chairman and members of the emergencies. UPSC, election commissioners, chairman and members of the COUNCIL OF MINISTERS finance commission and so on.  The council of ministers headed by the prime minister is the real In Relation to Parliament executive authority in our  He advises the president with politico administrative system. regard to summoning and  Article 74 deals with the status of proroguing of the sessions of the the council of ministers while, Parliament. Article 75 deals with the appointment, tenure, responsibility, Page 12

Union Executive

qualification, oath and salaries and  The council of ministers shall be allowances of the ministers. collectively responsible to the Lok Sabha. Article 74 – Council of Ministers to aid and advise President: Nature of Advice by Ministers: 1. There shall be a Council of  Article 74 provides for a council Ministers with the Prime Minister of ministers with the Prime at the head to aid and advise the Minister at the head to aid and President who shall, in the advise the President in the exercise of his functions, act in exercise of his functions. The accordance with such advice. nd th  The advice tendered by Ministers 42 and 44 Constitutional to the President shall not be Amendment Acts have made the inquired into any court. advice binding on the President.  The council of ministers consists Article 75 – Other Provisions as to of 3 Categories of Ministers Ministers: namely,  The total number of ministers, 1) Minister of Cabinet Rank including, the Prime Minister, in 2) Minister of State the Council of Ministers shall not 3) Deputy Minister. exceed 15% of the total strength  It is a team & its members sink or of the Lok Sabha. The provision swim together. (Article 75). was added by the 91st  The cabinet ministers head the Amendment Act of 2003. important ministries of the Central  A member of either house of government like home, defence, Parliament belonging to any finance, external affairs and so political party who is disqualified forth. They are members of the on the ground of defection shall cabinet, attend its meetings and also be disqualified to be play an important role in deciding appointed as a minister. This policies. provision was also added by the 2. The ministers of state can either be given independent charge of 91st Amendment Act of 2003. Page 13

Union Executive

ministries/departments or can be Cabinet Committees: attached to cabinet  They are of two types – standing ministers.However, they are not and adhoc. The former are of a members of the cabinet and do permanent nature while the latter not attend the cabinet meetings are of a temporary nature. The ad unless specially invited when something related to their hoc committees are constituted ministries/departments are from time to time to deal with considered by the cabinet. special problems. They are  Next in rank are the deputy disbanded after their task is ministers. They are not given completed. independent charge of ministries / departments. They are attached

to the cabinet ministers or ministers of state and assist them in their administrative, political, and parliamentary duties. They are not members of the cabinet and do not attend cabinet meetings.

Kitchen Cabinet:  The cabinet, a small body consisting of the prime minister as its head and some 15 to 20 most important ministers, is the highest decision-making body in the formal sense. However, a still smaller body called the ‘inner Cabinet’ or ‘Kitchen Cabinet’ has become the real centre of power.

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Government of Tamilnadu

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PARLIAMENT

PARLIAMENT  The Ninety First Amendment,  According to Article 79, the 2001, extended freeze on Lok Parliament consists of the Sabha and State Assembly President, the Council of States seats till 2026. (Rajya Sabha) and the House of the People (Lok Sabha). Tenure:  Lok Sabha - 5 years. (Extended Session of the Parliament: for 1 year each time at the time  At the discretion of the President of National emergency).  Gap should not be more than six months. Qualification :  Budget Session (Longer session)  Citizen of India. (February - May)  At least 25 yrs of age.  Monsoon Session (July -  Not hold any office of profit. September)  No unsound mind / insolvent.  Winter Session (November -  Has registered as voter in any December Parliamentary constituency.

Lok Sabha  Maximum strength - 550 + 2 Disqualification: [530 - States/ 20 - Union  If he voluntarily gives up the Territories]. membership of party.  Present strength of Lok Sabha -  If he over - rules the 'whip'. 545. [530 – States, 13- Union  Absent for 60 days without Territories, 2 – Anglo-Indian intimation. members are nominated by the Oath: President]  By Pro-Tem Speaker.

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Parliament

Presiding Officer:  President nominates 12 persons  Speaker (In his absence Deputy having special knowledge or Speaker) experience in the fields of  Member among themselves literature, science, art and social elect him. service.  The Speaker continues in office  Present strength of Rajya Sabha even after the dissolution of the – 245. Lok Sabha till a newly elected  233 seats for the state and the Lok Sabha meets. union territories.  All the States and the Union Salary: Territories of Delhi and  From Consolidated Fund of Pondicherry are represented. India.  Proportional representation through a single transferable Resignation: vote.  He resigns by writing to the  No seats reserved for Scheduled Deputy Speaker. Castes and Scheduled Tribes in Rajya Sabha. Removal:  Majority of the total membership Qualification: can remove Speaker after giving  Citizen of India a 14 days notice (he doesn't  Age - 30 years preside over the meetings).  After his removal, continues till Special Powers of Rajya Sabha: his successor takes charge.  Vice President is the ex-officio chairman of Rajya Sabha. Rajya Sabha:  Removal of the Vice-President  Maximum Strength - 250 (238 – can originate only in the Rajya States and Union Territories 12 – Sabha. nominated by the President).  Any resolution- creation of one or more All India Services (All

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India Judicial Services - Article There are four alternate courses: 312) 1. The Bill may be taken into  Any resolution seeking consideration immediately or on legislation on any subject of the some other fixed date state list can originate in Rajya 1. The Bill may be referred Select Sabha Committee of the House. (Article 249) 2. The Bill may be referred to a  He presides over Rajya Sabha Joint Committee of the House. as long as he does not act as the 3. The Bill may be circulated for President of India, a vacancy in the elicit public opinion. the office of the President of  If the Bill is referred to the India. Select Committee or Joint Committee, it is to give its report Different Stages In The Passage Of within a specified date. Bills (Other Than The Money Bills):  The Committee submits its Introduction of the Bill: report to the House, which were  It involves introduction of Bill printed and made available for accompanied by the Statement the members of the House. This of Objects and reasons. is called the report stage of the  If a private member wishes to Bill (discussion clause by introduce a Bill, he must give clause). one month notice of his intention to introduce the Bill. Third Reading of the Bill:  The introduction of the Bill and  The third reading is the final its publication in the Gazette reading. constitutes the First Reading of the Bill. Bill in the Second House: Four Alternatives of Second House: Second Reading of the Bill: i. It may pass the Bill with no  Discussion of clauses, amendments - have been passed schedules and amendments. by both the Houses

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ii. It may pass the Bill with  In case, a bill remains pending amendments. The Bill will be un passed for more than 6 returned to the originating House, months, Joint session is accepts then the bill is considered presided over by the Speaker of to be passed. Lok Sabha (or in his absence iii. If the originating House does not Deputy Speaker or by the agree to the amendments made Deputy Chairman of the Rajya by the other House and if there is Sabha) final disagreement amendments  The Lok Sabha is dissolved, between the two Houses, the before the President notifies a President summons the Joint Joint sitting, the bill lapses (no session; joint sitting is possible). iv. It may reject the Bill altogether.  The deadlock over a Bill is Again the President can summon resolved by a majority of the Joint Session; total number of the members of v. It may take no action on the Bill both the Houses present and by keeping it lying on the table, voting. (six months passes from the date  No fresh amendments can be of reception of the President done in Joint session. summons for the Joint Session). Prorogation Of House: Joint Sitting:  Means ending the session Can be ordered by President to  Pending bills or business does consider a particular bill in case: not lapse, they are taken in the  A bill passed by one house is next session. rejected by other.  The amendments made by the Budget: other house are not acceptable  The annual financial statement to the house, where the bill of the Government. originated.

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 It is presented to the Lok Sabha Conduct Of Business In Parliament: upon the recommendation of the Ordinary Bills: President. All bills, except money bills, are  It is presented by the Finance introduced in either house. [Speaker of Minister. Lok Sabha decides whether the bill is a  It is the statement of the money bill or not]. estimated receipts and expenditures of the Government Money Bills: of India following Financial Year.  It deals with the imposition or  All the expenditures approved abolition of taxes, matters through various demands for pertaining to borrowing of money grants and expenses charged on by the government custody & the Consolidated Fund of India, maintenance of consolidated funds are then presented in the form of etc. a single Bill called the  It can originate only in Lok Sabha Appropriation Bill. on the recommendation of the  The proposals for taxation to President. The Rajya Sabha can raise revenue are presented in only delay it by 14 days. Its final form of 'Finance Bill'. authority lies with Lok Sabha only.

Dissolution Of The House: Consolidated Fund of India: (Article Only of Lok Sabha. 266)  By President on advices of PM  It is fund to which all the revenue,  Bill pending in Rajya Sabha, loans raised and income of the passed by Lok Sabha also Government of India are lapses unless President call a deposited. Joint sitting of the two houses.  Similarly no money can be spent  Bills pending in Rajya Sabha, not out of this Fund except through the passed by Lok Sabha don't grants made by the Parliament lapse. and expenditures charged on the Consolidated Fund of India.

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Contingency Fund Of India (Article can be asked by members with 267): notice shorter than the ten days  Through an act of parliament in prescribed for an ordinary 1950, Contingency fund of India question. exits for disasters and related Zero Hour: unforeseen expenditures.  12-1 PM daily. Time allotted  In 2005 it was raised from Rs. everyday for miscellaneous 50 crore to Rs. 500 crores. business is call-attention notices,  It is at the disposal of the questions on official statements President. He can make & adjournment motions. advances out of this fund to Motion: meet unforeseen expenses (no  It is a proposal brought before need of Parliament's approval) the house for its  The states have their own opinion/decision. Consolidated and Contingency

Funds. Types:

Question Hour: a. Privilege Motion  The First hour of every sitting in  A resolution introduced by the both houses (11 am - 12 noon). opposition that a minister has  In this questions are asked by mislead the house by giving members & answered by wrong information. ministers. 1. Starred Questions (I member b. Censure Motion can ask only one/day) for which  Moved only in Lok Sabha only by oral answers is required. the opposition. 2. Unstarred Questions for which  It can be brought again the ruling written answer (10 days notice) government or against any is required. minister (failure to act or seek 3. Short Notice Questions are the disapproval of their policy). ones which relates to matters of  A censure motion must specify urgent public importance and the charges against the Page 6

Parliament

government for which it is moved e. Adjournment Motion: (no leave of the House is  Leads to setting aside the required). normal business of the House for  If a censure motion is passed discussing a definite matter of in the Lok Sabha, the Council urgent public importance. of Minister is bound to seek the  Its available only for Lok Sabha. confidence of the Lok Sabha as early as possible. f. Cut Motions:  They are moved in the Lok c. No Confidence Motion: Sabha only. They are part of the  Can be moved only in Lok Budgetary Process which seeks Sabha and only by the to reduce the amounts for opposition. It can be brought grants. only against the Council of ministers and not against any Cut Motions can be divided into individual minister. three categories:  If the motion is adopted by the a. Policy Cut: A cut motion which house, the council of Ministers is says "The amount of the demand bound to resign. be reduced to Re. 1.  It needs 50 members support in b. Economy Cut: The object of the Lok Sabha. motion is to reduce the amount of the expenditure and the form of the d. Call- Attention Motion: motion is "The amount of the  A member (after permission from demand reduced by Rs .... (a Speaker) calls the attention of specified amount)". the Minister to any matter of c. Token Cut: Where the object of the 'urgent public importance'. motion is to ventilate a specific  There is no Call-Attention motion grievance within the sphere of in the Rajya Sabha. Instead responsibility of the Government of there exist a motion called India form is "The amount of the 'Motion for Papers'. demand be reduced by Rs.I00".

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1. Whip: Functions: A directive issued by any political  Include administrating the oath party to ensure the support of its to the newly elected Lok Sabha members voting in favour or against members and presiding over the a particular issue on the floor of the election of the new Speaker. House. A person may lose the  His term ceases as soon as the membership of the party and the Speaker is elected. legislature if he votes against the whip or abstains from voting. 5. Guillotine:  When due to lack of time, 2. Lame duck session: demand for grants are put to This refers to the last session of the vote whether they are discussed old parliament which is held after a or not in the House on the last new Lok Sabha has been elected day of the allotted time, it is after the general election (not called Guillotine and it eligible for re-election). concludes the discussion on demands for grants. 3. Snap vote: Refers to a vote taken unexpectedly 6. Quorum: without voters being briefed or  A Quorum is the Minimum informed about it in advance. number of members of a deliberative assembly 4. Speaker Pro-tem: necessary to conduct the As soon as the new Lok Sabha is business of that group. Quorum constituted a President appoints a for either house (Article 100(c) Speaker Pro-tem who is usually the is the of the total numbers of

senior most member of the House. members)

(Two members are equally

qualified, weightage given to

members age)

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Parliament

COMMITTEES IN PARLIAMENT: Public Accounts Committee  Appointed to save time  This committee was setup first in  Most of them functions under 1921 under the provisions of the the direction of Speaker Government of India Act of 1919 and has since been in existence. Classified under two heads:  At present, it consists of 22 a. Standing Committees members (15 from the Lok Sabha b. Ad hoc Committees and 7 from the Rajya Sabha).  Members of the Rajya Sabha The term of office of the are associated with all members is one year. committees (Except estimate  The function of the committee is committees). to examine the annual audit  Strength 1/3 of members on reports of the comptroller and each committee auditor general of India (CAG),  Either elected by Rajya Sabha which are laid before the or nominated by the Chairman Parliament by the president. of Rajya Sabha.  The members of the Committee Estimates Committee are generally elected for not  The origin of this committee can more than one year be traced to the standing  Chairman of all the Committees financial committee set up in (except the Joint Committee on 1921. Salaries and Allowances of MPs) are appointed by the The functions of the committee are : Speaker from amongst the 1. To report what economies, members of the Committee. improvements in organisation,  Joint Committee on Salaries efficiency and administrative and Allowances appoints its reform consistent with the policy own Chairman. underlying the estimates, can be affected.

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2. To suggest alternative policies in  To exercise such other functions order to bring about efficiency and vested in the public accounts economy in administration. committee and the estimates 3. To examine whether the money is committee in relation to public well laid out within the limits of the undertakings which are allotted to it policy implied in the estimates. by the Speaker from time to time. 4. To suggest the form in which the estimates are to be presented to Departmental Standing Committees Parliament.  On the recommendation of the Rules Committee of the Lok Sabha, Committee on Public Undertakings 17 departmentally related standing This committee was created in 1964 committees were set-up in 1993. In on the recommendation of the Krishna 2004, seven more such committees Menon Committee. Originally, it had 15 were set up, thus increasing their members ( 10 from the Lok Sabha and number from 17 to 24. 5 from the Rajya Sabha). However, in The functions of each of the 1974, its membership was raised to 22 standing committees are: (15 from the Lok Sabha and 7 from the 1. To consider the demands for grants Rajya Sabha). of the concerned ministries / The functions of the committee are : departments before they are  To examine the reports and discussed and voted in the Lok accounts of public undertakings. Sabha. Its report should not  To examine the reports of the suggest anything of the nature of comptroller and auditor general on cut motions. public undertakings. 2. To examine bills pertaining to the  To examine whether the affairs of concerned ministries departments. the public undertakings are being 3. To consider annual reports of managed in accordance with sound ministries/departments. business principles and prudent 4. To consider national basic long- commercial practices. term policy documents presented to the Houses.

Page 10

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : State Executive Legislation Assembly

 Copyright

It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

STATE EXECUTIVE &

LEGISLATION ASSEMBLY

GOVERNOR  Must possess the qualification  Nominal Executive Head. or membership of State  Articles 153 to 167 in Part VI of Legislature. the Constitution deal with the  Must’nt hold any office of profit. state executive.  The state executive consists of Other Points the governor, the chief minister,  Term - 5 yrs subject to (Pleasure the council of ministers and the of President). Can hold office advocate general of state. beyond his term until his  Each state has its own governor successor assumes charge.  Under the Seventh Amendment  Resignation & Removal: By Act, 1956 the same person can President be appointed as Governor of one  Legislature of a State or a High or more states or Lt. Governor of Court has no role in the removal the Union Territory. of a Governor.  Appointed by the President on the recommendations of Union Salary: Council of Ministers.  Consolidated Fund of the State (Rs.1,10,000 per month) Qualification  Has no right to vote of the State  Citizen of India. Legislature.  Completed 35 yrs of age.  When the same person is  He Should not be a member of appointed as the Governor of either house of parliament or the two or more States, the state legislature. emoluments and allowances payable to him shall be allocated

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State Executive & Legislation Assembly

among the States in such b. Legislative Powers: proportion as determined by the  Summons, Prorogues & President of India. dissolves the State Legislative Assembly. Oath:  Addresses the first session of  By Chief Justice of the State Legislature after election concerned State High Court (in and at the beginning of each his absence, the senior-most new session. judge of that Court)  Sends messages to State Legislature on bills pending Powers before it. a. Executive Powers:  Appoints 1/6th members of  All executive actions of the Legislative Council having government of a state are special knowledge in literature, formally taken in his name. Science Art cooperative Social  He can make rules specifying Service. the manner in which the Orders  Nominates one member from and other instruments made and the Anglo-Indian community (if executed in his name shall be not proper representation). authenticated.  Makes laws through ordinances.  Acts as chancellor of  Gives assent to the Bills so that universities. they become laws.  Appoints Chief Minister, Council of Ministers, Chairman & The Governor has three members of State Public Service alternatives: Commission, Advocate General  assent to the Bill; of the State and Election  Return (if it is not a Money Bill), Commissioner of the State. for reconsideration suggesting  Recommend the imposition of alternations. But such Bills when constitutional emergency in a passed again have to be given state. assent;

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State Executive & Legislation Assembly

 Reserve the Bill for the assent of recommends the President's the President. Rule (Article 356).  When the President's Rule is in c. Financial Powers: progress, he becomes the  Ensures that the budget is laid, Agent of the Union Government all money bills can be introduced in the State. on his recommendation only.  He takes over the reigns of  Make advances out of administration directly into his contingency fund of the state to own hands and runs the State meet any unforeseen with the aid of the Civil expenditure. Servants.  Constitute Finance Commission every 5 years. Other Powers:  Receives & tables the report of d. Judicial Powers: State Auditor General.  President consults Governor  Tables the report of State Public while appointing Chief Justice Service Commission. and other judges of High Court.  Acts as Chancellor of State  Appoints judges of courts below Universities & appoints Vice- the High Court, and grant chancellor. pardon, reprieve or remission of  Can appoint any members as punishment for offence against Chief Minister if no party has, State laws, (Cannot grant clear-cut majority. pardon in cases of death  Can refuse to sign an ordinary sentences). bill passed by State Legislature.

e. Emergency Powers: CHIEF MINISTER  Reports to the President if the  Real executive head of the State Government is not running Government at the State level. constitutionally and

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State Executive & Legislation Assembly

 The position is analogous to the 3. Karnataka4. Maharashtra position of the Prime Minister at 4. Uttar Pradesh the Centre. 5. Andhra Pradesh 6. Telangana Appointment:  Legislative Council can be  Appointed by Governor Art 164. created or abolished on the  Other Ministers are appointed by recommendations of Legislative the Governor on the advice of Assembly. the Chief Minister.  The Parliamentary Standing  The Chief Minister is the chief Committee on Law and Justice, link between the Governor and headed by E.M. Sudarsana the Council of Ministers. Natchippan, has recommended  It is he who keeps the Governor revival of the Legislative Council informed of all decisions of the in Andhra Pradesh, 20 years Council of Ministers. after it was abolished in 1985.  If CM resigns, entire ministry  Tamilnadu Legislative council resigns. was abolished in 1986.  A person who is not a member of Legislative Council [Vidhan State Legislature can be Parishad] appointed, but he has to get  Upper House, himself elected within 6 months,  Like Rajya Sabha (Permanent otherwise he is removed. house (sort of) and cannot be dissolved). STATE LEGISLATURE Strength:  Can be  The total strength cannot exceed UNICAMERAL - One House 1/3rd of the strength of Legislative BICAMERAL - Two House Assembly

Bicameral States (7):  Minimum of 40 members. 1. Bihar  The strength varies as per the 2. Jammu & Kashmir population of state.

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State Executive & Legislation Assembly

Creation and Abolition: literature, science or social  As per Article 169, if the service Legislative Assembly passes a Chairman: resolution for abolishing creating  The Council elects a Chairman & of the Legislative Council by a a Vice-chairman from amongst majority of the total membership its members.

of assembly and by a majority of Legislative Assembly [VIDHAN not less than two-third of the SABHA] members present and voting, the  Lower House (just like the Lok Parliament may approve the Sabha). resolution by a simple majority.  Consists of directly elected

representatives. Tenure:  Term - 5 years, dissolved by the  6 years term with 1/3rd members Governor earlier. (Term can be retiring every two years. extended by one year during

national emergency). Qualification:  The Council of ministers is  Same as that of Lok Sabha collectively responsible to the  Age - 30 years.

Assembly. Election :  The Chief Minister is the leader  1/3rd of the members are elected of the house. rd by local bodies, 1/3 by Strength: legislative assembly. th  Consists of not more than 500  1/12 by university graduates of members & not less than 60 atleast 3 years standing, similar members. proportion by teachers (not less  The strength varies according to than secondary school) of atleast the population of the State. 3 years standing & 1/6th  The Legislative assembly of nominated by the Governor from Sikkim, Goa, Mizoram, persons who distinguish in Arunachal Pradesh and

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State Executive & Legislation Assembly

Pondicherry have less than 60 passing the no - confidence members. motion).

Qualification :  Participates in the Election of  Same as that of the Lok Sabha President or Legislative Council, (Except

age 25 years).

 Has a share in the amendment Speaker / Deputy Speaker: of constitution as some  Every legislative assembly provisions can be amended after chooses its 2 members to be the ratification by the Legislatures of Speaker and Deputy Speaker. half of the State.  Their functioning, resignation, removal procedures are exactly the same as the speaker / Deputy Speaker of the Lok Sabha.

Legislative Procedure :  For money bill the position is the same at union and state level.

 In case of ordinary bill, with hold for 3 months.

Powers of State Legislature:  Can legislate on subjects contain in the State list, Concurrent list.

 Exercise Control over State Expenses, State Council of Ministers (can remove it by

Page 6

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Status of Jammu & Kashmir

 Copyright

It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

STATUS OF JAMMU KASHMIR

STATUS OF JAMMU & KASHMIR 4. It follows dual citizenship. Only the citizens of J & K can take part in the  The special status guaranteed in elections to the State Assembly and Article 370. acquire, own and dispose  This status has been provided on immovable property in the basis of an agreement J & K. concluded at the time of Jammu and Kashmir accession to the 5. Only National Emergency lndian Union. proclaimed on grounds of war and The following are some of the special external aggression shall have features of the special relationship automatic extension to J & K. between the Union of India and Jammu National Emergency proclaimed on and Kashmir : the basis of armed rebellion shall 1. J&K has its own constitution, apart not be automatically extended to J from the Indian Constitution. Its & K. constitution was framed by a Constituent Assembly of its own 6. Apart from the President's Rule, the and came into being on the 26th Governor's Rule can also be January, 1957. imposed for a maximum period of six months, in case of constitutional 2. The Parliament cannot make law breakdown in the State. with regard to J & K on subjects in the State List. 7. The Parliament cannot change the name, boundary or territory of 3. The residuary powers lie with the J & K, without the concurrence of legislatures of J & K and not with State Legislature. the Parliament.

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Status of J & K

8. The State Government shall be consulted by the Centre before appointing a person as the Governor of J & K.

9. No preventive detention law made by the Parliament can have automatic extension to J & K.

10. The Union has no power to proclaim a Financial Emergency to J & K.

11. J & K autonomy Resolution – June 26, 2000 but rejected on July 14, 2000 by Central Government.

Page 2

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Local Govt Panchayat Raj TN

 Copyright

It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

LOCAL GOVERNMENT

PANCHAYATI RAJ of the scheme of ‘democratic decentralisation, which ultimately  The term Panchayati Raj in India came to be known as Panchayati signifies the system of rural local Raj. self-government.  It recommended:  It was constitutionalised through a) A 3-tier structure consisting of the 73rd Constitutional Zila Parishad at the District Level, Amendment Act of 1992. Panchayat Samiti at the Block  It is in State List, Eleventh Level and Gram Panchayat at the Schedule. Village Level.  Ensures the direct participation b) Genuine transfer of power & of people at the grass root level. responsibility to these institutions. c) To provide Adequate resources Evolution of Panchayatiraj: to them. Balwant Rai Mehta Committee d) All social & economic  In January 1957, the development programmes Government of India appointed a channelized through these committee to examine the bodies. working of the community e) The 3-tier system of Panchayat development programme (1952) Raj was 1st adopted by Rajasthan and the National Extension (Nagaur District) on Oct 2, 1959. Service (1953). This was followed by Andhra  The chairman of this committee Pradesh, Bihar, Gujarat, was Balwant Rai G Mehta Himachal Pradesh, Maharashtra,  The Committee submitted its Punjab, Tamil Nadu, UP & West report in November 1957 and Bengal. recommended the establishment

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Local Government

Three Tier System  The chairman of Panchayat Samiti  It envisages Panchayat at the is called ‘Pradhan’. village level, Panchayat Samitis at Zila Parishad: the block level and Zillah Parishad  It is the top level of the 3-tier at the district level. structure.

 Elect its chairman from amongst Village Panchayat: its members who is known as the  Consists of elected District Collector. representatives of the people.  Nyaya Panchayat – It is a Judicial  Membership varies from 5-31. Panchayats to try petty civil and  Seats reserved for SC, ST, criminal cases. women, etc.

 Chairman is elected from among Ashok Mehta Committee: its members, known as ‘Sarpanch’.  Appointed in Dec, 1977 by the  The Panchayat is accountable for Janata Government. all its actions to the Gram Sabha,  Submitted its report in 1978, the general body of villagers. which said :-  Gram Sabha consists of all the a. Replacement of 3-tier system adults residing within the by 2-tier system consisting of jurisdiction of the Panchayat. Mandal Panchayats at the  It exercises general supervision base (consisting of a group of over the working of the Panchayat villages comprising a & lays down necessary guidelines population of 15,000 to 20,000) for its working. & the Zilla Parishad at the top. b. To reduce the dependence of Block & Panchayat Samiti: Panchayati Raj Institutions on  The block, consisting of 20-60 State Government by giving villagers is administered through a them powers to collect certain Panchayat Samiti consisting of taxes like profession tax, indirectly elected members of entertainment tax, etc in their village panchayat. areas.

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Local Government

c. Suggested the setting up of Narasimha Rao once again Social Justice Committee in considered the matter of the each Zila Parishad to protect constitutionalisation of panchayati the interests of vulnerable raj bodies. sections of society.  This bill finally emerged as the 73rd d. Favoured the open Constitutional Amendment Act, participation of political parties 1992 and came into force on 24 in the working of Panchayati April, 1993. Raj Institutions. 73rd Amendment Act of 1992:

 This act has added a new Part – G.V.K. Rao Committee: IX to the Constitution of India.  The committee on Administrative  Article 243 to 243 O – Arrangement for Rural Panchayats and its provisions Development and Poverty  It also added a new Eleventh Alleviation Programmes under the Schedule to the Constitution. It chairmanship of G.V.K. Rao was contains 29 functional items of appointed by the Planning the Panchayats.

Commission in 1985. Salient Features L.M. Singhvi Committee: Gram Sabha (Article 243 A):  In 1986, Rajiv Gandhi government  The act provides for a Gram appointed a committee on Sabha as the foundation of the ‘Revitalisation of Panchayati Raj panchayati raj system. Institutions for Democracy and Development under the Three-Tier System: chairmanship of L M Singhvi.  The act provides for a three-tier system of panchayati raj in every CONSTITUIONALISATION state, that is, panchayats at the Narasimha Rao Government: village, intermediate, and district  The Congress Government under levels. the prime ministership of P.V.

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Local Government

Election of Members and ii. under any law made by the Chairpersons: state legislature.  All the members of panchayats at the village, intermediate and State Election Commission (Article district levels shall be elected 243 K): directly by the people.  The superintendence, direction  However, the chairperson of a and control of the preparation of Panchayat at the village level electoral rolls and the conduct of shall be elected in such manner all elections to the panchayats as the state legislature shall be vested in the state determines. election commission.  Powers and Functions: Reservation of seats (Article 243 D): a) the preparation of plans for  The act provides for the economic development and reservation of not less than one- social justice. third of the total number of seats b) the implementation of schemes for women (including the number for economic development and of seats reserved for women social justice as may be belonging the SCs and STs)

entrusted to them, including Duration of Panchayats those in relation to the 29 (Article 243E): matters listed in the Eleventh  The act provides for a Five – year Schedule. term of office to the Panchayat at every level. Finances (Article 243 H):  The state legislature may Disqualifications (Article 243 F): a) authorise a Panchayat to levy,  A person shall be disqualified collect and appropriate taxes, i. under any law for the time duties, tolls and fees. being in force for the purpose b) provide for making grants-in-aid of elections to the legislature to the panchayats from the of the state concerned, or consolidated fund of the state.

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Local Government

c) provide for constitution of funds Nagaland, Meghalaya and for crediting all moneys of the Mizoram and certain other areas. panchayats. Continuance of Existing Laws and Finance Commission (Article 243 I): Panchayats (Article 243 N):  The governor of a state shall, after  All the state laws relating to every five years, constitute a Panchayats shall continue to be in finance commission to review the force until the expiry of one year financial position of the from the commencement of this panchayats. act.

Audit of Accounts (Article 243 J): Bar on Interference by Courts  The state legislature may make (Article 243 O): provisions with respect to the  The act bars the interference by maintenance of accounts by the courts in the electoral matters of panchayats and the auditing of panchayats. such accounts. TAMILNADU PANCHAYAT ACT: Application to Union Territories The Government of Madras enacted (Article 243 L): Madras Panchayats Act, 1958 and  The president of India may direct Madras District Development Council that the provisions of this act shall Act, with the following major features: apply to any union territory subject i) Creation of Panchayat Unions to such exceptions and Coterminous with Development modifications as he may specify. Blocks ii) Abolition of District Boards Exempted States and Areas (Article ii) Creation of District Development 243 M): Council to play an advisory role  The act does not apply to the iii) Entrustment of development and states of Jammu and Kashmir, social welfare functions to Village Panchayats and

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Local Government

Panchayat Unions. However, the 1/3rd of the total number of seats enactments deleted certain and offices is reserved for women. powers of Village Panchayats  The rotation of offices in all three like judicial powers. tiers will be once in 10 years.  Election shall be conducted within The Government of Tamil Nadu 6 months from the date of enacted Tamil Nadu Panchayats Act, occurrence of any vacancy and the 1994 (Tamil Nadu Act 21 of 1994) tenure is fixed as 5 years for all the which came into force on 22.4.1994. members and Chairpersons. The 1994 Act brought in a number of  Tamil Nadu State Election changes in the Tamil Nadu Panchayat Commission was constituted. Raj structure:  State Finance Commission is  Three Tier System came into being constituted quinquennially. existence  District Planning Committee has  Members of the three tiers of Rural been constituted to consolidate the Local Bodies and Village Development Plans of Panchayats Panchayat Presidents were and Urban Local Bodies in the directly elected whereas the Districts. Chairpersons of Panchayat Union Councils and District Panchayats Grama Sabha: were elected from among the i) All the registered voters of a elected ward members. Village Panchayat constitute  All the three tiers of Panchayats Grama Sabha, which is are independent of each other and provided with specific powers the Village Panchayat Presidents and functions. are not members in the Panchayat i) Grama Sabha shall statutorily be Union Council. conducted in such a way that the  Reservation of seats and offices intervening period between two for SCs/STs in proportion to their Grama Sabhas shall not 19 population has been made and exceed a period of 6 months.

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Local Government

ii) However, the Government of the people through their elected Tamil Nadu has made it representatives. mandatory to convene Grama  There are eight types of urban Sabha a minimum number of 4 local governments in India – times i.e. on 26th January, 1st municipal corporation, May, 15th August and 2nd October municipality, notified area of every calendar year. committee, town area committee, iii) Besides, the Grama Sabha can cantonment board, township, port be convened as and when the trust and special purpose agency necessity arises.  Lord Ripon is called the father of local self-government in India. The Grama Sabha performs the following functions: 74th Amendment Act of 1992:  Approves the Village  The act has added a new Part Development Plan. IX-A to the Constitution of India.  Approves the Village Panchayat  Articles 243-P to 243-ZG – Budget. Municipalities  Approves the Audit Report.  It contains 18 Functional Items.  Reviews the progress of scheme Three Types of Municipalities implementation. (Article 243 Q):  Approves the list of beneficiaries,  A Nagar Panchayat – transitional intended to be benefitted under area various schemes.  A municipal council – smaller  Promotes communal and social urban area harmony among various groups  A municipal corporation – larger of people. urban area

URBAN LOCAL GOVERNMENTS Composition (Article 243 R):  The term ‘Urban Local  All the members of a municipality Government’ in India signifies the shall be elected directly by the governance of an urban area by people of the municipal area.

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Local Government

Wards Committee (Article 243 S): legislature of the state  There shall be constituted a concerned wards committee, consisting of ii. under any law made by the one or more wards, within the state legislature. territorial area of a municipality State Elections Commission: having population of three lakh or  The state legislature may make more.

provision with respect to all Reservation of Seats (Article 243 T): matters relating to elections to  The act provides for the the municipalities. reservation of seats for the scheduled castes and the District Planning Committee:- scheduled tribes in every Article 243- ZD municipality in proportion of their  Every state shall constitute at the population to the total population district level, a district planning in the municipal area. committee to consolidate the plans prepared by panchayats

and municipalities in the district, Duration of Municipalities (Article and to prepare a draft 243 U): development plan for the district  The act provides for a five-year a s a whole. term of office for every  The act lays down that four-fifths municipality. of the members of a district

Disqualifications (Article 243 V): planning committee should be  A person shall be disqualified for elected by the elected members being chosen as or for being a of the district Panchayat and member of a municipality if he is municipalities in the district from so disqualified amongst themselves. i. under any law for the time being in force for the purposes of elections to the

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Local Government

Metropolitan Planning Committee:-  The five types of the district in Article – 243-ZE India are the rural district, urban  Every metropolitan area shall district, industrial district, have a metropolitan planning backward district and the hills committee to prepare a draft district. development plan.  The act lays down that two-thirds Features of District Administration: of the members of a metropolitan Generally, the district planning committee should be administration has the following elected by the elected members features. of the municipalities and  It is at district level that the State chairpersons of the Panchayats Government comes into contact in the metropolitan area from with the people. amongst themselves.  District administration is a field work as opposed to staff or Types of Urban Governments: secretariat functions. 1. Municipal Corporation  The problems at the district level 2. Municipality are local relating to the district. 3. Notified Area Committee  At district level, policy 4. Town Area Committee formulation ends and the 5. Cantonment Board implementation begins. 6. Township  The District Officer is the last 7. Port Trust agent of the state government 8. Special Purpose Agency and the ‘man of the spot’ for any activity or incidence in the district; and DISTRICT ADMINISTRATIVE  At the district, there is functional STRUCTURE aggregation of units. A large  District is the basic unit of number of departments have administration in India. their field agencies located in the district.

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Local Government

District Level Functionaries: 6. As the District Census Officer,  The District Collector is the head of he conducts the census district administration. The office of operations once in ten years. the collector at first was created by 7. As the Chief Protocol Officer, he Warren Hastings in 1772 for the has to protect the VIPs in their dual purpose of collecting revenue tour and stay in the district. and dispensing justice. 8. As the co-ordinator, he  The general roles and the functions supervises the district level other of the district collector are functionaries and departments. following: 9. He presides over the District 1. As Collector, he has to collect Plan Implementation Committee. land revenue. 10. He acts as the official 2. As District Magistrate, he has to representative of the state maintain law and order in the government during the district. ceremonial functions in the 3. As District Officer, he has to deal district. with the personnel matters like 11. He acts as the Public Relations salary, transfer, etc within the Officer of the State Government. district. 12. He acts as the Crisis 4. As Development Officer, he is Administrator in chief during the responsible for the natural calamities and other implementation of rural emergencies. development programmes. 13. He supervises and controls, the 5. As the Returning Officer, he is local government institutions. the chief for the elections to the 14. He handles the work pertaining Parliament, the State Legislative to civil defence; and Assembly, and the local 15. He is responsible for civil Government in the district. supplies, food and other Hence, he co-ordinates the essential commodities. election works at the district level.

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Local Government

 The District Collector is the multi- This is for the Revenue functionary in the district level. Administration.  The District Collector is the hero of the district administration. The other Firka Level: important district level functionaries  Revenue Inspector is the head of are following: Firka level revenue administration. 1. Superintendent of Police Every taluk is divided to the many 2. District Medical Officer firkas in Tamil Nadu. But, the 3. District Health Officer nomenclature of this level differs 4. District Forest Officer from state to state. 5. Assistant Registrar of Co- operative Societies Village Level: 6. District Agricultural Officer  Village Administrative Officer is 7. District Industries Officer the head of village level 8. District Judges administration. 9. Backward Class Welfare Officer

10. Superintendent of Jails District Rural Development Agency 11. District Labour Officer (DRDA) to oversee the implementation of anti-poverty Division Level: programmes of the ministry of rural development. This agency was  In Tamil Nadu, Revenue Divisional created to implement the IRDP. Officer is the head of divisional From 1 April 1999 a separate administration especially for DRDA administration has been introduced. revenue administration and for the IN TN, DRDA is chaired by the maintenance of law and order. District Collection

Taluk Level :  Tahsildar is the head of taluk level administration in Tamil Nadu. For assisting him, the Deputy Tahsildars are there in the Tahsil.

Page 11

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Judiciary

 Copyright

It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

JUDICIARY

SUPREME COURT OF INDIA b. Can be removed by the  Stands at the apex of the Parliament judicial system of India c. After retirement, a Judge of  Consists of Chief Justice and 30 Supreme Court cannot lead or other judges act before any authority. Salary: Appointment:  Chief Justice - 1 Lakh Senior most judge of the Supreme  Judges - 90,000 Court is appointed as the Chief Justice of India. Removal Of Judges:

 A motion can be preferred Qualification: before either house of the  Must be a Citizen of India Parliament.  Has been a judge of High Court  If it is introduced in Lok Sabha, for five years or an advocate of it should be signed by not less High Court for ten years than 100 members. minimum.  If it is introduced in Rajya or in Presidents view a Sabha, then it should be signed distinguished jurist of the by not less than 50 members. country.

 Resolution - supported by a Terms and Salary: majority of total membership of  The chief Justice and other the houses & by 2/3 majority of Judges hold office till 65 years the members present & voting. of age.

Other Points: Resignation & Removal:  Chief Justice can appoint adhoc a. Can give resignation in writing judges in the Supreme Court with to the President. the (Consent of President) Page 1

Judiciary

INDEPENDENCE OF JUDGES c) Appellate Jurisdiction:  The Constitution has ensured this  It has appellate jurisdiction in by: both civil and criminal matters a) Salaries from Consolidated Fund.  The appellate jurisdiction of a b) Salaries cannot be changed to their high court is wider than its disadvantage. original jurisdiction. c) Removal difficult. d) Cannot practice after retirement. d) Advisory Jurisdiction: President e) Decision & actions of judges cannot seeks the advice of Supreme Court, be criticized & the person doing so on any question of law or fact it is can be punished duty bound to give its opinion. (Its f) Conduct of judges cannot be opinion isn't a binding on President) discussed in parliament. Art 143. g) President cannot appoint judges of e) Revisory Jurisdiction: The the Supreme Court himself, he has Supreme Court under Article 137 is to consult the judges also. empowered to review any h) Separation From Executive – Article judgement or order made by it with 32. a view to removing any mistake or Jurisdiction Of The Supreme Court: error that might have crept in the a) Original Jurisdiction: The judgement or order. Supreme Court settles all disputes f) It is a court of record as its between Centre - State, etc. decisions are of evidentiary value b) Writ Jurisdiction: Every individual and cannot be questioned in any has the right to move the Supreme court. Court, (directly enforcement of his g) Supreme Court enjoys the power of Fundamental Rights). The Supreme judicial review. Court is empowered to issue writs h) Supreme Court decides disputes including habeas corpus, etc. this is regarding the election of the a Original Jurisdiction. President and the Vice President.

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Judiciary i) Supreme Court recommends the  Constitution does not fix any removal of Members of UPSC to the maximum Number of Judges for Parliament. a High Court.  A judge of High Court can be Public Interest Litigation (PIL): transferred to another High  Any member of the public can Court, (Without President now initiate a proceeding on consent). behalf of the aggrieved person  Delhi is the only UT that has (especially if the person is too High Court of its own. poor or unable to move the court

on his or her own) in either the Appointment of Judges: High Court or the Supreme Court Chief Justice is made after consultation for the enforcement of with the Chief Justice of Supreme Constitutional Rights. Court and the Governor of the State by  This derives from the right to be the President. heard, as implied by Article 32.

 Justice PN Bhagwati and Justice Qualification: V.R. Krishna Iyer were among  Must be a citizen of India. the first judges to admit PIL in  Should have been an advocate the court. of a High Court or of 2 such

HIGH COURT courts in succession for atleast  Each state has a High Court. 10 years  Highest Judicial organ of the  Or should have held Judicial State. Office in India for a period of atleast 10 years. Presently there are 24 High Courts in India. Term and Salary: Composition:  Continues his office till 62 years  Consist of the Chief Justice and of age. others such judges as appointed by President.

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Judiciary

Salary  Supervises the working of all - Rs.90,000/- per month - Chief subordinate courts & frames Justice. rules & regulations for the - Rs.80,000/- per month - Other transaction of business. Judges.  It can examine the records of subordinate courts. Removal:  The President can remove a SUBORDINATE COURTS judge of High Court only if the  Judiciary in States consists of a Parliament passes the High Court and subordinate courts. resolution.  The organisation of the  Majority of 2/3 members present Subordinate Courts is uniform. and voting in each house.  Two types of law courts in every  The conduct of the judges district - Civil and Criminal Court. cannot be discussed in  They function under the Parliament, except on a motion superintendence and control of the for the removal of the Judge. High Court of that particular state. Restriction on Legal Practice:  The highest civil court in a district  He is not allowed to practice law is the court of the District Judge. before the authority of the same The court decide civil and criminal court except the Supreme Court cases.

and any other High Court. Appointment Jurisdiction of High Court :  By the Governor (consultation  Court of record and has power to with the Chief Justice of the High punish for its contempt. Court).  Under Article 226, the High  He hears the appeals against the Courts are given powers of decision of the sub-judges. issuing writs for the enforcement  Besides the District Court, there of Fundamental Rights and for are courts of sub-judges, munsiff other purposes. courts and small causes.

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Judiciary

 Below the Session Courts are the  There are courts of 2nd Class and courts of First Class Magistrates. 3rd Class Magistrates also.  In Metropolitan cities like Kolkata, Chennai, Mumbai and Delhi Magistrates are known as Metropolitan Magistrates.

THE HIGH COURTS - SEATS AND JURISDICTION

Name Year of Territorial Jurisdiction Seat Establishment

Allahabad 1866 Uttar Pradesh Allahabad (Bench at Lucknow)

Andhra 1954 Andhra Pradesh Hyderabad Pradesh

Mumbai 1862 Maharashtra, Dadra & Mumbai (Benches Nagar - Haveli, Goa, at Nagpur, Panaji, Daman & Diu Aurangabad)

Kolkata . 1862 West Bengal, Andaman & Kolkata (Bench at Nicobar Islands Port Blair)

Delhi 1966 Delhi Delhi

Guwahati 1948 Assam, Manipur, Guwahatl (Benches Meghalaya, at Kohima, Imphal, Nagaland,Tripura,Mizoram and Arunachal Pradesh and Agartala & Shillong)

Gujarat 1960 Gujarat Ahmedabad

Himachal 1966 Himachal Pradesh Shimla Pradesh

Jammu & 1928 Jammu & Kashmir Srinagar & Jammu Kashmir

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Judiciary

Karnataka 1884 Karnataka Bangaluru

Kerala 1958 Kerala & Lakshadweep Ernakulam

Madhya 1956 Madhya Pradesh Jabalpur (Bench at Pradesh Indore, Gwalior)

Madras 1862 Tamil Nadu & Puducherry Madras

0rissa 1948 Orissa Cuttack

Patna 1916 Bihar Patna

Punjab & 1975 Punjab, Haryana, Chandigarh Haryana Chandigarh

Rajasthan 1949 Rajasthan Jodhpur (Bench- Jaipur)

Sikkim 1975 Sikkim Gangtok

Chhattisgarh 2000 Chhattisgarh Bilaspur

Uttaranchal 2000 Uttaranchal Nainital

Jharkhand 2000 Jharkhand Ranchi

Tripura 2013 Tripura Agartala

Manipur 2013 Manipur Imphal

Meghalaya 2013 Meghalaya Shillong

Page 6

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Indian Federalism Centre State Relations

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It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

INDIAN FEDERALISM

CENTRE & STATE RELATIONS

CENTER STATE RELATIONS Distribution of legislative subjects  The Centre-State relations can (Article 246) be studies under three heads:  The Constitution divides the 1. Legislative relations subject into the- 2. Administrative relations 1. Union List (100 subjects) 3. Financial relations 2. State List (61 subjects) 3. Concurrent List (52 subjects) LEGISLATIVE RELATIONS:  Articles 245 to 255 in part XI of  Parliament has exclusive power the Constitution deal with the on Union list (contains subjects legislative relations between the like defence, foreign affairs, Centre and the states. Currency, communication, citizenship, inter-state trade & There are four aspects in the commerce, banking, atomic Centre-States Legislative relations. energy, posts and telegraphs, Viz., etc). 1. Territorial extent of Central and  The State List contains subjects state legislation (Article 245) on which ordinarily the States 2. Distribution of legislative subjects alone can make laws, The (Article 246) include public order, police, 3. Parliamentary legislation in the administration of justice, prisons, state field (Article 249) local government agriculture, 4. Centre’s control over state public health and sanitation, legislation irrigation, etc. but under certain conditions the Constitution authorizes the Central

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Indian Federalism Centre & State Relations

Government to extend its ADMINISTRATIVE RELATIONS: jurisdiction over matters formally Articles 256-263 in Part XI of the included in the State list. In fact, Constitution deal with the when a proclamation of administrative relations between the emergency is in operation, Centre and the states. Parliament can legislate on  The Indian Constitution has a matters enumerated in all the strong bias towards the Centre to three lists. make it strong. The Central  Both Parliament & State administration prevails over the Legislature can legislate on State administration. subjects contained in the  The executive powers of the concurrent list. (contains subjects State should be so exercised as like criminal and civil law, forest, to ensure compliance with the education, marriage & divorce, laws of the Union Parliament and drugs, trade unions, labour not impede or prejudice the welfare, newspapers, books & executive power of the Union. printing press, population control  If the State does not comply with and family planning, etc). the directives of the Centre, the  Residual powers (i .e. subjects latter may invoke Art. 356 and not included in any of the lists) take-over the administration of rest with union government. the State to itself.  Article 200 directs the Governor

to reserve a Bill passed by the FINANCIAL RELATIONS: State Legislature for the Articles 268-293 in Part XI of the consideration of the President, if Constitution deal with Centre-State in his opinion, if ‘passed into law, Financial relations.

would derogate the powers of the High Court. DISTRIBUTION OF TAX

REVENUES:

th  The 80 Amendment of 2000 and

th the 88 Amendment of 2003 have

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Indian Federalism Centre & State Relations

introduced major changes in the B. Service Tax Levied by the Centre scheme of the distribution of tax but Collected and Appropriated revenues between the centre and by the Centre and the States the states. (Article 268-A):  The 88the Amendment has added a i) Taxes on services are levied by new Article 268-A dealing with the Centre. But, their proceeds service tax. It also added a new are collected as well as subject in the Union List – entry 92- appropriated by both the Centre C (taxes on services). Service tax is and the states. The principles of levied by the centre but collected their collection and and appropriated by both the centre appropriation are formulated by and the states. the Parliament.

A. Taxes Levied by the Centre but C. Taxes levied and Collected by the Collected and Appropriated by Centre but Assigned to the States the States (Article 268): This (Article 269): The following taxes category includes the following fall under this category: taxes and duties: i) Taxes on the sale or purchase i) Stamp duties on bills of of goods (other than exchange, cheques, promissory newspapers) in the course of notes, policies of insurance, inter-state trade or commerce. transfer of shares and others. ii) Taxes on the consignment of ii) Excise duties on medicinal and goods in the course of inter- toilet preparations containing state trade or commerce. alcohol and narcotics. iii) The net proceeds of these taxes do The proceeds of these duties levied not form a part of the Consolidated within any state do not form a part of Fund of India. They are assigned to the the Consolidated Fund of India, but are concerned states in accordance with assigned to that state. the principles laid down by the Parliament.

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Indian Federalism Centre & State Relations

CONCURRENT LIST (LIST – III)  Criminal Law and procedure, Civil procedure  Marriage and divorce  Population control and family planning  Electricity  Newspapers, books and printing presses, etc... The 42nd Amendment Act of 1976 transferred five subjects to Concurrent Lilst from State List, that is,  Education  Forests  Weights and measures  Protection of wild animals and birds  Administration of all courts except the Supreme Court and the high courts.

D. Taxes Levied and collected by A. Surcharge on Certain Taxes and the Centre but distributed between Duties for Purposes of the Centre the Centre and the States (Article (Article 271): The parliament can at 270): This category includes all taxes any time levy the surcharges on and duties referred to in the Union List taxes and duties referred to in except the following: Articles 269 and 270 (mentioned i) Duties and taxes referred to in above). The proceeds of such Article 268, 268-A and 269 surcharges go to the Centre (mentioned above): exclusively. In other words, the ii) Surcharge on taxes and duties states have no share in these referred to in Article 271 surcharges. (mentioned below); and iii) Any cess levied for specific B. Taxes Levied and Collected and purposes. Retained by the States: These are The manner of distribution of the the taxes belonging to the states net proceeds of these taxes and duties exclusively. They are enumerated in is prescribed by the President on the the state list and are 20 in number. recommendation of the Finance Commission.

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Indian Federalism Centre & State Relations

Administrative Reforms  All-India services (IAS, IPS and IFS) Commission: should be abolished. The Central government appointed a six-member administrative Sarkaria Commission: Reforms commission (ARC) in 1966  In 1983, the Central government under the chairmanship of Morarji appointed a three-member Desai Commission on Centre-state The important recommendations relations under the chairmanship of are: R S Sarkaria, Members –  Establishment of an Inter-State Sivaraman, S.R. Sen a retired judge Council under Article 263 of the of the Supreme Court. Constitution.  The final report was submitted in  Appointment of persons having long October 1987, the Important experience in public life and recommendations are mentioned administration and non-partisan below: attitude as governors. a) A permanent Inter-State Council called the Inter-Governmental Rajmannar Committee: Council should be set up under In 1969, the Tamil Nadu Article 263. Government (DMK) appointed a three- b) The institution of All-India Services member committee under the should be further strengthened and chairmanship of Dr P V Rajamannar to some more such services should be examine the entire question of Centre- created. state relations. Punchhi Commission The Important recommendations of A new commission on Centre-State  An Inter-State Council should be set Relations was set-up by the up immediately Government of India in April 2007  Articles 356, 357 and 365 (dealing under the Chairmanship of Madan with President’s Rule) should be Mohan Punchhi, former Chief Justice totally omitted of India.

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Indian Federalism Centre & State Relations

GST Tax Replaced by GST Introduction GST would replace almost all vital Goods and Services Tax is a indirect taxes and cesses on Goods & comprehensive indirect tax which is to services in the country. Among the be levied on the manufacture, sale and taxes levied by centre, GST will consumption of goods and services in subsume the following: India. This is so far the biggest tax  Central Excise duty & Service Tax reform in the country. GST eliminates  Duties of Excise (Medicinal and the cascading effect of taxes because Toilet Preparations) it is taxed at every point of business  Additional Duties of Excise (Goods and the input credit is available in the of Special Importance) value chain.  Additional Duties of Excise Historical Background (Textiles and Textile Products) France was the first country to  Additional Duties of Customs introduce GST system in 1954. More (commonly known as CVD) than 140 countries have implemented  Special Additional Duty of Customs the GST. Genesis of GST occurred (SAD) during the previous NDA Government  Central Surcharges and Cesses so under Atal Bihari Vajpayee far as they relate to supply of Government when it set up the Asim goods and services Dasgupta committee to design a model Among the state taxes that would for GST. The UPA Government took be replaced by GST include: the matter further and announced in  State VAT 2006 that this tax would be introduced  Central Sales Tax c. Luxury Tax from April 1, 2010. However, so far it  Entry Tax (all forms) was not introduced. All the GST bills  Entertainment and Amusement Tax including Constitution (101st (except when levied by the local Amendment) Act have been passed bodies) now and GST is set to come into force  Taxes on advertisements from July 1, 2017.  Purchase Tax

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Indian Federalism Centre & State Relations

 Taxes on lotteries, betting and commerce) and Article 279A (GST gambling. State Surcharges and Council). Cesses so far as they relate to  Two schedules have been changed supply of goods and services. viz. 6th schedule and 7th

 As per article 246-A: Commodities Not Under GST  Both Union and States in India now  Potable alcohol have “concurrent powers” to make  Five petroleum products viz. law with respect to goods & petroleum crude, motor spirit services (petrol), high speed diesel, natural  The intra-state trade now comes gas and aviation turbine fuel under the jurisdiction of both centre  Electricity and state; while inter-state trade and commerce is “exclusively” Constitution 101st Amendment Act, under central government 2016 jurisdiction.  This is the enabler act for GST and it amends several important articles As per Article 269-A: and schedules of the constitution of  In case of the inter-state trade, the India so that necessary tax will be levied and collected by constitutional. You can read in the Government of India and shared detail about this here. Here are between the Union and States as important notes for your per recommendation of the GST examinations. Council.  The new articles added by this  The article also makes it clear that amendment to Indian Constitution the proceeds such collected will not are Article 246-A (Special provision be credited to the consolidated fund with respect to goods and services of India or state but respective tax); Article 269-A ((Levy and share shall be assigned to that state collection of goods and services tax or centre. The reason for the same in course of inter-State trade or is that under GST, where centre collects the tax, it assigns state’s

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Indian Federalism Centre & State Relations

share to state, while where state passed by Rajya Sabha, the collects tax, it assigns centre’s Parliament will have powers to share to centre. If that proceed is make necessary laws with respect deposited in Consolidated Fund of to GST in national interest. India or state, then, every time there  Article 250 has been amended so will be a need to pass an that parliament will have powers to appropriation tax. Thus, under GST, make laws related to GST during the apportionment of the tax emergency period. revenue will take place outside the  Article 268 has been amended so Consolidated Funds. that excise duty on medicinal and toilet preparation will be omitted Article 279-A: from the state list and will be  There will be a GST council subsumed in GST. constituted by President, headed by  Article 268A has been repealed so finance minister as its chairman and now service tax is subsumed in one nominated member from each GST. state who is in charge of finance or  Article 269 would empower the taxation. GST Council has been parliament to make GST related discussed in detail here. laws for inter-state trade /  All decisions taken at the GST commerce. council will be taken based on voting. Process of voting is clearly Important Facts and Notes about articulated in detail in the GST constitutional amendment bill.  GST is a Destination Based Tax  In GST, CGST and SGST will be Other Changes simultaneously levied  The residuary power of legislation  Both States and Centre have a say of Parliament under article 248 is in GST rates now subject to article 246A.  GSTN is the Special Purpose  Article 249 has been changed so Vehicle for GST administration that if 2/3rd majority resolution is

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Indian Federalism Centre & State Relations

 GST provides for a Compliance tax and comply with other general rating mechanism for tax payers provisions of return filing etc.  GST Provides for an Anti-  Similarly the GST has to be Profiteering measure typically paid by the supplier of  For GST to be levied – there must goods and services. be business and quid-pro-quid  But in some cases, the liability to  GST differentiates between pay the tax falls on the buyer. composite supply and mixed supply  This reverse charge is applicable only under certain circumstances. Reverse Charge Mechanism Some are-  In Normal Charge Mechanism,  The most common instance is generally service tax is payable by when a business buys goods or the provider of Service. services from a supplier who is not  For eg:- When a service is provided registered to pay GST. by an Accountant to his client then  e.g Let’s assume that business A in this case the service provider i.e that buys goods worth Rs.100 from the Accountant is liable to pay business B that is not registered to Service tax pay GST.  The accountant collects the tax  If the GST on the goods supplied is from the client and compensates. Rs.5, then business A, instead of But nevertheless only the business B, will have to pay Rs.5 to accountant is liable to pay Service the Government.

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Indian Federalism Centre & State Relations

 Business A can, however, claim to promote interstate cooperation input tax credit of the GST payment and coordination.

of Rs.5, when it sells the goods to its client. Inter-State Water Disputes:  An importer is also liable to pay the Article 262 of the Constitution provides GST under the reverse charge for the adjudication of inter-state water mechanism. disputes.  Also government departments making payments to vendors above Inter-State Councils: a specified limit (Rs.2.5 lakh under Article 263 contemplates the one contract) are required to establishment of an Inter-State Council deduct tax (TDS) and e-commerce to effect coordination between the operators are required to collect tax states and between Centre and states. (TCS) on the net value goods or services supplied through them. Establishment of Inter-State Council: INTER – STATE RELATIONS  The Janata Dal Government The Constitution makes the headed by V.P. Singh established following provisions with regard to the Inter-State council in 1990. It interstate community: consists of  Adjudication of inter-state water a) Prime Minister as the chairman disputes. b) Chief Ministers of all the states  Coordination through inter-state c) Chief Ministers of union territories councils. having legislative assemblies  Mutual recognition of public acts, d) Administrators of union territories records and judicial proceedings not having legislative assemblies.  Freedom of inter-state trade, e) Six Central cabinet ministers, commerce and intercourse including the home minister to be  In addition, the zonal councils have nominated by the Prime Minister. been established by the Parliament

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Indian Federalism Centre & State Relations

Sl. Name Members Headquarters No

1 Northern Zonal Punjab, Rajasthan, Haryana, J&K, New Delhi Council Uttarakhand, Himachal Pradesh, Chandigarh & National Capital Territory of Delhi

2 Central Zonal Uttar Pradesh, Uttarakhand, Allahabad Council Chhattisgarh and MP.

3 Eastern Zonal Bihar, Jharkhand, West Bengal, Orissa Kolkata Council

4 Western Zonal Goa, Gujarat and UTs of Dadar and Mumbai Council Nagar Haveli and Daman Diu

5 Southern Andhra Pradesh, Tami! Nadu, Chennai Zonal Council Karnataka, Kerala and UT of Pondicherry

 The Council is a recommendatory Zonal Councils: body on issues relating to inter-  The zonal councils are the state, Centre-state and Centre- statutory (and not the union territories relations.The constitutional) bodies. They are council may meet at least thrice in established by an Act of the a year Parliament, that is, States Reorganisation Act of 1956. The Inter – State Trade and Commerce: act divided the country into five Articles 301 to 307 in Part XIII of the zones (Northern, Central Eastern, Constitution deal with the trade, Western and Southern) and commerce and intercourse within the provided a zonal council for each territory of India. zone.

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Indian Federalism Centre & State Relations

 The home minister of Central and Kashmir accession to the government is the common lndian Union. chairman of the five zonal  The following are some of the councils. Each chief minister acts special features of the special as a vice-chairman of the council relationship between the Union of by rotation, holding office for a India and Jammu and Kashmir : period of one year at a time. 1. J&K has its own constitution, apart  The zonal councils aim at from the Indian Constitution. Its promoting cooperation and constitution was framed by a coordination between states, union Constituent Assembly of its own territories and the Centre. and came into being on the 26th January, 1957. North Eastern Council: 2. The Parliament cannot make law  In addition to the above Zonal with regard to J & K on subjects in Councils, a North-Eastern Council the State List. was created by a separate Act of 3. The residuary powers lie with the Parliament the North-Eastern legislatures of J & K and not with Council Act of 1971. Its members the Parliament. include Assam, Manipur, Mizoram, 4. It follows dual citizenship. Only the Arunachal Pradesh, Nagaland, citizens of J & K can take part in the Meghalaya, Tripura and Sikkim. elections to the State Assembly and acquire, own and dispose SPECIAL STATUS OF JAMMU & immovable property in KASHMIR J & K.  The special status guaranteed in 5. Only National Emergency Article 370. proclaimed on grounds of war and  This status has been provided on external aggression shall have the basis of an agreement automatic extension to J & K. concluded at the time of Jammu National Emergency proclaimed on the basis of armed rebellion shall

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Indian Federalism Centre & State Relations

not be automatically extended to J & K. 6. Apart from the President's Rule, the Governor's Rule can also be imposed for a maximum period of six months, in case of constitutional breakdown in the State. 7. The Parliament cannot change the name, boundary or territory of J & K, without the concurrence of State Legislature. 8. The State Government shall be consulted by the Centre before appointing a person as the Governor of J & K. 9. No preventive detention law made by the Parliament can have automatic extension to J & K. 10. The Union has no power to proclaim a Financial Emergency to J & K. 11. J & K autonomy Resolution – June 26, 2000 but rejected on July 14, 2000 by Central Government.

Page 13

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Emergency Provisions

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It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

EMERGENCY PROVISIONS

 The Emergency provisions are National Emergency: contained in Part XVIII of the  First emergency was declared in Constitution, from Article 352 to 1962 due to Chinese aggression 360.  Second emergency was  This kind of transformation of the declared in 1971 due to Indo- political system from federal during Pakistan war normal times to unitary during  Third emergency was declared Emergency is a unique feature of in 1975, on the grounds of the Indian Constitution. Internal disturbance

The Constitution stipulates three Financial Emergency: types of emergencies:  So far, no emergency declared  An emergency due to war, external aggression or armed Grounds of Declaration: rebellion (Art 352). This is  Under Article 352, the President popularly known as ‘National can declare a national Emergency.’ emergency when the security of  An Emergency due to the failure India or a part of it is threatened of the constitutional machinery in by war or external aggression or the states (Art 356). This is armed rebellion. popularly known as ‘President’s  The President can also issue Rule’. It is also known by two different proclamations on other names, State Emergency grounds of war, external or constitutional Emergency. aggression, and armed rebellion.  Financial Emergency due to a  When a national emergency is threat to the financial stability or declared on the ground of ‘war’ credit of India (Art 360). or ‘external aggression’, it is known as ‘External Emergency’, Page 1

Emergency Provisions

it is declared on the ground of special majority, introduced by armed rebellion’, it is known as the 44th Amendment Act of 1978. ‘Internal Emergency.’  The 44th Amendment Act of 1978 Revocation of Proclamation: substituted the words ‘armed  A Proclamation of emergency rebellion’ for ‘internal may be revoked by the president disturbance.’ at any time by a subsequent  The President, however, can proclamation. Such a proclaim a national emergency proclamation does not require only after receiving a written the parliamentary approval. recommendation from the  Further, the President must cabinet by 44th Amendment Act revoke a proclamation if the Lok of 1978. Sabha passes a resolution disapproving its continuation, Parliamentary Approval and this safeguard was introduced by Duration: the 44th Amendment Act of 1978  Approved by the both the Houses of Parliament within one month Effects of National Emergency: from the date of its issue. 1. Effects on the Centre-state Originally, it was two months, but relations. was reduced by the 44th 2. Effect on the life of the Lok Amendment Act of 1978. Sabha and State assembly, and  The emergency continues for six 3. Effect on the Fundamental months, with an approval of the Rights. Parliament for every six months, added by 44th Amendment Act of 1. Effects on the Centre-State 1978. Relations  Every resolution approving the (a) Executive proclamation of emergency or its The Centre becomes entitled to continuance must be passed by give executive directions to a state on either House of Parliament by a ‘any’ matter. Thus the state

Page 2

Emergency Provisions governments are brought under the suspended. No separate order for complete control of the Centre, though their suspension is required. they are not suspended. When the national emergency ceases to operate, it (b) Legislative automatically came into force. The normal distribution of the  Article 359 - Suspension of the legislative powers between the Centre other Fundamental Rights and state is suspended, though the guaranteed except Article 20 and state Legislatures are not suspended. 21  Under this fundamental rights as (c) Financial such are not suspended, but only The president can either reduce their enforcement. The or cancel the transfer of finances from suspension of enforcement Centre to the states. relates to only those specified in the Presidential order. 2. Effect on the life of the Lok Sabha  Declarations made so far and State assembly  This type of emergency has been The life of the Lok Sabha may be proclaimed three times so far-in extended beyond its normal term (Five 1962, 1971, 1975 years) by a law of parliament for one PRESIDENT RULE: year at time. This extension cannot Grounds of imposition continue beyond a period of six months The President rule can be after the emergency has ceased to proclaimed under Article 356 on two operate. grounds

3. Effect on the Fundamental Rights 1. Article 365 empowers the  Article 358 – Suspension of the President to issue a Fundamental Rights guaranteed proclamation, if he is satisfied by Article 19. that a situation has arisen in  The six fundamental rights under which the government of a state article 19 are automatically

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Emergency Provisions

cannot be carried on in ministers headed by the chief accordance with the provisions of minister. the constitution.  The state governor, on behalf of 2. Article 365 says that whenever a the President, carries on the state fails to comply with or to state administration with the help give effect to any direction from of the chief secretary of the state the centre or the advisors appointed by the President. Parliamentary approval and  356 is popularly known as the duration: imposition of ‘president’s rule’ in  Approved by the both the Houses a state of Parliament within two months  Further, the President either from the date of its issue. suspends or dissolves the state  If approved by both the houses of legislative assembly. parliament, the President’s rule

continues for six months. It can be extended for a maximum Scope of Judicial Review: period of three years with the  The 38th Amendment Act of 1975 approval of the parliament, every made the satisfaction of the six months. President in invoking Article 356  Every resolution approving the final and conclusive which could proclamation of President’s rule not be challenged in any court or its continuation can be passed on any ground. by either house of parliament  But, this provision was only by simple majority. subsequently deleted by the 44th Amendment Act of 1978 implying Consequences of President’s Rule: that the satisfaction of the  When the President’s Rule is President is not beyond judicial imposed in a state, the President review. dismisses the state council of

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Emergency Provisions

Financial Emergency:  A resolution approving the Grounds of Declaration: proclamation of financial  Article 360 empowers the emergency can be passed by president to proclaim a Financial either House of Parliament only Emergency if he is satisfied that by a simple majority. a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.

Parliamentary Approval and Duration:  Financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue.

 Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked. This implies two things.

a) there is no maximum period prescribed for its operation; and b) repeated parliamentary approval is not required for its continuation

Page 5

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Elections, Election Commission

 Copyright

It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

ELECTION COMMISSION

ELECTION Articles Related to Elections

Article Subject - Matter No. 324 Superintendence, direction and control of elections to be vested in an Election Commission 325 No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex 326 Elections to the House of the People and to the Legislative Assemblies of states to be on the basis of adult suffrage 327 Power of Parliament to make provision with respect to elections to Legislatures 328 Power of Legislature of a state to make provision with respect to elections to such Legislature 329 Bar to interference by courts in electoral matters 329A Special provision as to elections to Parliament in the case of Prime Minister and Speaker (Repealed) elections to the Lok Sabha and ELECTION MACHINERY State Legislative Assemblies. Election Commission of India (ECI)  The Chief Electoral Officer of a  Under Article 324 of the state / Union Territory is Constitution of India, the Election authorised to supervise the Commission of India is vested election work in the state / Union with the power of Territory subject to the overall superintendence, direction and superintendence, direction and control of conducting the

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ELECTION COMMISSION

control of the Election officer of the state Government Commission. as the Direct Election Officer in consultation with the state Composition: government 1. Chief election commissioner & 2 Election Commissioners.  The Returning Officer of a 2. Appointed by President. Parliamentary or assembly 3. Tenure decided by President. constituency is responsible for 4. From 1950 to 15 October 1989 - the conduct of elections in the functions as a single member body. Parliamentary or assembly 5. 16 October 1989 two more election constituency concerned. commissioners appointed. 6. All the three members have same  The Election Commission of India emoluments and allowances as nominates or designates an those of a Judge of the Supreme officer of the Government or a Court. local authority as the Returning 7. They can hold office for a term of 6 Officer for each of the assembly years or until they attain the age of and parliamentary constituencies 65 years whichever is earlier. in consultation with the State 8. No prescribed qualification of the Government / union Territory members in the constitution. Administration.

 The Electoral Registration Officer District Election Officer (DEO) is responsible for the preparation  Subject to the superintendence, of electoral rolls for a direction and control of the Chief Parliamentary / assembly Electoral Officer, the District constituency. Election Officer supervises the

election work of a district.  The Election Commission of India, in consultation with the  The Election Commission of India state / UT government, appoints nominates or designates an an officer of the government or

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ELECTION COMMISSION

the local authorities as the Electoral Registration Officer.

 The Presiding Officer with the assistance of polling officers conducts the poll at a polling

station.

 The District Election Officer appoints the Presiding Officers

and the Polling Officers.

 The Election Commission of India

nominates officers of

Government as Observers

(General Observers and Election Expenditure Observes) for Parliamentary and assembly constituencies.

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ELECTION COMMISSION

1. Largest Constituencies : Ladakh - Jammu & Kashmir

2. Smallest Constituencies : Chandni Chowk - NCT of Delhi

Electronic Voting Machines: (EVM)

EVM are being used in Indian General and state elections.

Electronic voting is partly implemented from 1999 elections and

in total since 2004 elections.

 The EVMs were first used in 1998 in the by – election at North Paravur Assembly Constituency in Kerala for a limited number of polling stations.  The EVMs were used for the first time in the general elections (entire state) to the Assembly of Goa in 1999.  Election Commission decided to introduce EVMs with Voter – verified paper audit trail (VVPAT) system. The VVPAT system was introduced in 8 of 543 parliamentary constituencies as a pilot project in Indian General Election, 2014.

NOTA – None Of The Above

 NOTA was designed to allow the voter to indicate disapproval of all of the candidates in a assembly constituency.  On September 27, 2013 –Supreme court directed Election commission to introduce a NOTA button.  NOTA symbol – ballot paper with a black cross across it. Introduced – September 18, 2015.  Before NOTA – Rule 49-0 of “The Conduct of Elections Rules, 1961” was used by election commission.

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ELECTION COMMISSION

ELECTORAL REFORMS Composition: Electoral Reforms Before 1996  Consists of Chief Election  Lowering of Voting Age – The Commissioner + 2 Election 61st Constitutional Amendment Commissioners. They all enjoy Act of 1988 reduced the voting equal powers. age from 21 years to 18 years for the Lok Sabha as well as the Appointment : assembly elections.  The Chief Election Commissioner is  Deputation to Election appointed by the President and the Commission – In 1988, a other Election Commissioners are provision was made that the appointed by the President (after officers and the staff engaged in consultation with the Chief Election preparation, revision and Commissioner). correction of electoral rolls for  President also appoints Regional elections are deemed to be on Commissioners at the time of deputation to the Election General Elections after consultation Commission for the period of with the Election Commission. such employment. Term and Tenure: ELECTION COMMISSION OF UNION  Election Commissioners are AND STATE appointed for a term of 6 years or until they attain the age of 65 years,  Article 324 of the constitution whichever is earlier. provides that the power of  They are not eligible for re- superintendence, direction and appointment. Also, they cannot hold control of elections to parliament, any office of profit after their state legislatures, the offices of retirement. Salary – equal to judge President of India and the office of of Supreme Court Vice-President of India shall be vested in the election commission.

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ELECTION COMMISSION

1. Election Commission of India  Formed - January 25, 1950  Head quarters – New Delhi.  Chief Election Commissioner – Syed Nazim Ahmad Zaidi (from April 19,2015) 2. Tamil Nadu Election Commission It is an autonomous, independent Constitutional and Statutory authority of Tamil Nadu.  Formed - July 15, 1994  Head quarters – Chennai.  Function - The conduct of elections to Rural and Urban bodies of Tamil Nadu.  TN Election Commissioner - P. Seetharaman, I.A.S (from March 2015)

Removal:  The electoral roll is normally  The Chief Election Commissioner revised every year to add the can be removed from office before names of those who have turned expiry of his term by the President 18 on the 1st. January of that on the basis of a resolution passed year or have moved into a by the Parliament by a special constituency and to remove the majority on the ground of proven names of those who have died mis-behaviour or incapacity (same or moved out of a constituency. as that of Judge of Supreme  Preparation of code of conduct Court). The other Election for all political parties. Commissioners may be removed  Recognition of various political by the President on the parties &. allotment of election recommendation of the Chief symbols. Election Commissioner.  Appointment of election officers to look into disputes concerning Functions: election arrangements.  Preparation of electoral rolls &  To examine the returns of keep voters list updated. election expenses filed by the candidate

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ELECTION COMMISSION

Chief Election Commissioners  Election Commissioners – Sh.

The following have held the post of the A.K. Joti, Sh.Om Prakash Rawat Chief Election Commissioner of India.

 Chief Election Commissioner – Dr. Nasim Zaidi

List of Chief Election Commissioners

SL.No. Name Portrait Took Office Left Office

19 December 1 Sukumar Sen 21 March 1958 1950

20 December 30 September 2 KVK Sundaram 1958 1967

30 September 3 S. P. Sen 1 October 1972 Verma 1967

4 Nagendra 1 October 6 February 1973 Singh 1972

17 June 1977 5 T. 7 February Swaminathan 1973

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ELECTION COMMISSION

17 June 1982 6 S. L. Shakdhar 18 June 1977

31 December 7 R. K. Trivedi 18 June 1982 1985

25 November 8 R. V. S. Peri 1 January 1990 Sastri 1986

11 December 9 V. S. 26 November 1990 Ramadevi 1990

10 T. N. Seshan 12 11 December December 1996 1990

12 December 13 June 2001 11 M. S. Gill 1996

12 J. M. Lyngdoh 14 June 2001 7 February 2004

13 T. S. 8 February 15 May 2005 Krishnamurthy 2004

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ELECTION COMMISSION

14 B. B. Tandon 16 May 2005 29 June 2006

15 N. 30 June 2006 20 April 2009 Gopalaswami

Navin Chawla 16 21 April 2009 29 July 2010

17 S. Y. Quraishi 30 July 2010 10 June 2012

15 January 2015 18 V. S. Sampath 10 June 2012

15 January 19 H. S. Brahma 2015 Incumbent

20. Nasim Zaidi 15 April 2015 Incumbent

21. Achal Kumar 6th July 2017 22 Jan 2018 Jyoti

22. Om Prakash 23 Jan 2018 Present Rawat

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ELECTION COMMISSION

FINANCE COMMISSION Functions:  Article 280 of the Constitution of  To recommend to the President India provides for a Finance distribution of net proceeds of the Commission as a quasi judicial taxes which are divisible between body. It is constituted by the Union and States. president of India every fifth year or To recommend the principles which at such earlier time as he considers should govern the Grants of the necessary. revenues of the State out of the Consolidated Fund of India. th  Presently 15 Finance  The recommendations made by it Commission are only of advisory nature and  Chairman N.K.Singh hence not binding on the Government. Composition:  To tender advice to the President  It consists of a Chairman & 4 other on any other matter referred to the members. They are eligible for re- Commission in the interest of sound appointment. finance.  The Chairman is selected from persons who have had experience ANTI- DEFECTION LAW in public affairs while the members  To curb political defection, added by are selected from the persons who. 52nd amendment in 1985 in Tenth Qualified to be appointed judges of Schedule. High Court.  Any member of Parliament  Have special knowledge of the belonging to any political party can finance & accounts of govt. be disqualified.  Wide experience in financial  If he voluntarily gives up the matter & in administration. Have membership of that political party. If special knowledge of he votes or abstains from voting Economics. according to the party 'whip'.

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ELECTION COMMISSION

 Any independent member can be disqualified if he joins any political party after election.  Any nominated member can be disqualified if he joins any political party after the expiry of 6 month from the date of his joining.

This law shall not apply:  To a situation of 'merger' in which atleast2/3 members of any party are involved.  To person who resigns membership of his party after becoming the Presiding officer of the house & he rejoins the party after laying down that office.  91st amendment act – 2003 omitted exception provision i.e. disqualification on ground of defection not to apply in case of split.

Page 11

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Amendments to Constitution

 Copyright

It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

AMENDMENTS TO

CONSTITUTION

 Article 368 in Part XX of the the members of the house Constitution deals with the powers present and voting). of Parliament to amend the  Each house must pass the bill Constitution and its procedure. separately. In case of a  The Parliament cannot amend disagreement between the two those provisions which form the Houses, there is no provision for ‘basic structure’ of the Constitution. holding a joint sitting of the two This was ruled by the Supreme Houses for the purpose of Court in the Kesavananda Bharati deliberation and passage of the case (1973). bill.  If the bill seeks to amend the Procedure for Amendment: federal provisions of the  An amendment of the Constitution, it must also be Constitution can be initiated only ratified by the legislatures of half by the introduction of a bill for of the states by a simple the purpose in either House of majority, that is, a majority of the parliament and not in the state members of the House present legislatures. and voting.  The bill can be introduced either  After duly passed by both the by a minister or by a private Houses of Parliament and member and does not require ratified by the state legislatures, prior permission of the president. where necessary, the bill is  The bill must be passed in each presented to the president for house by a special majority, assent. (more than 50 percent of the

total membership of the house

and a majority of two-thirds of

Page 1

Amendments to Constitution

 The president must give his 4. Second Schedule – assent to the bill. He can neither emoluments, allowances, withhold his assent to the bill nor privileges and so on of the return the bill for reconsideration president, the governors, the of the Parliament. Speakers, judges, etc.  After the president’s assent, the 5. Fifth Schedule – administration bill becomes an Act (i.e., a of scheduled areas and constitutional amen-dment act) scheduled tribes. and the Constitution stands 6. Sixth Schedule – administration amended in accordance with the of tribal areas. terms of the Act. 7. Quorum in Parliament. 8. Salaries and allowances of the Type of amendments: members of Parliament.

9. Rules of procedure in  Amendment by simple majority Parliament. of the Parliament 10. Privileges of the Parliament, its  Amendment by special majority members and its committees. of the Parliament, and 11. Use of English language in  Amendment by special majority Parliament. of the Parliament, and the 12. Conferment of more jurisdiction ratification of half of the state on the Supreme Court. legislatures. 13. Use of official language.

By Simple Majority of Parliament 14. Citizenship acquisition and 1. Admission or establishment of termination. new states 15. Elections to Parliament and 2. Formation of new states and state legislatures. alteration of areas, boundaries 16. Delimitation of constituencies. or names of existing states. 17. Union territories. 3. Abolition or creation of 18. Number of puisne judges in the legislative councils in states. Supreme court.

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Amendments to Constitution

By special Majority of Parliament 2. Extent of the executive power of 1. Fundamental Rights the Union and the states 2. Directive Principles of State 3. Supreme Court and High Courts Policy 4. Distribution of legislative powers 3. All other provisions which are not between the Union and the states covered by the first and third 5. Any of the lists in the Seventh categories. Schedule. 6. Representation of states in By simple Majority of Parliament Parliament. and Consent of States: 7. Power of Parliament to amend 1. Election of the President and its the Constitution and its procedure manner (Article 368 itself).

LIST OF CONSTITUTIONAL AMENDMENTS AND THEIR PROVISIONS

SL. Amendment Important Provisions No  Added Ninth Schedule to protect the land reform and other laws included in it from the judicial review.  Added three more grounds of restrictions on freedom of speech and expression, viz., public order, friendly relations with foreign states and 1 1st Amendment Act: 1951 incitement to an offence. Also, made the restrictions ‘reasonable’ and thus, justiciable in nature.  Empowered the state to make special provisions for the advancement of socially and economically backward classes Readjusted the scale of representation in the Lok Sabha by providing that one 2 2nd Amendment act: 1952 member could represent even more than 7,50,000 persons.

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Amendments to Constitution

Empowered the Parliament to control the production, supply and distribution of the 3 3rd Amendment act: 1954 foodstuffs, cattle fodder, raw cotton, cotton seed and raw jute in the public interest Made the scale of compensation given in 4 4th Amendment act: 1955 lieu of compulsory acquisition of private property beyond the scrutiny of courts. Empowered the president to fix the time- limit for the state legislatures to express 5 5th Amendment Act: 1955 their views on the proposed Central legislation affecting the areas, boundaries and names of the states Included a new subject in the Union list i.e., taxes on the sale and purchase of goods in 6 6th Amendment Act: 1956 the course of inter-state trade and commerce and restricted the state’s power in this regard  This constitutional amendment act was brought to give effect to recommendations of state reorganisation commission.  Provided for the establishment of a common high court for two or more states.  Abolished the existing classification of 7 7th Amendment Act:1956 states into four categories i.e., Part A, Part B, Part C and Part D states, and reorganised them into 14 states and 6 union territories.  Extended the jurisdiction of high courts to union territories.  Provided for the appointment of additional and acting judges of the high court. Extended the reservation of seats for the SCs and STs, and special representation 8 8th Amendment Act: 1960 for the Anglo-Indians in the Lok Sabha and the state legislative assemblies for a period of ten years (i.e., up to 1970).

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Amendments to Constitution

Facilitated the cession of Indian territory of Berubari Union (located in West Bengal) to 9 9th Amendment Act: 1960 Pakistan as provided in the Indo-Pakistan Agreement (1958). Incorporated Dadra and Nagar Haveli in 10 10th Amendment Act: 1961 the Indian Union  Changed the procedure of election of the vice-president by providing for an electoral college instead of a joint meeting of the two Houses of Parliament. 11 11th Amendment Act: 1961  Provided that the election of the president or vice-president cannot be challenged on the ground of any vacancy in the appropriate electoral college. Incorporated Goa, Daman and Diu in the 12 12th Amendment Act: 1962 Indian Union. Gave the status of a state to Nagaland and 13 13th Amendment Act: 1962 made special provisions for it. Incorporated Puducherry in the Indian 14 14th Amendment Act: 1962 Union Increased the retirement age of high court 15 15th Amendment Act: 1963 judges from 60 to 62 years Included sovereignty and integrity in the forms of oaths or affirmations to be 16 16th Amendment Act: 1963 subscribed by contestants to the legislatures, members of the legislatures, ministers, judges and CAG of India. Prohibited the acquisition of land under 17 17th Amendment Act: 1964 personal cultivation unless the market value of the land is paid as compensation. Made it clear that the power of Parliament to form a new state also includes a power 18 18th Amendment Act: 1966 to form a new state or union territory by uniting a part of a state or a union territory to another state or UT. Abolished the system of Election Tribunals 19 19th Amendment Act: 1966 and vested the power to hear election

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Amendments to Constitution

Validated certain appointments of district 20 20th Amendment Act: 1966 judges in the UP which were declared void by the Supreme Court. Included sindhi as the 15th language in the 21 21st Amendment Act: 1967 Eight Schedule. Facilitated the creation of a new 22 22nd Amendment Act: 1969 autonomous State of Meghalaya within the State of Assam. Extended the reservation of seats for the SCs and STs, and special representation for the Anglo-Indians in the Lok Sabha and 23 23rd Amendment Act: 1969 the state legislative assemblies for a further period of ten years (i.e., up to 1980).  Affirmed the power of Parliament to amend any part of the constitution including fundamental rights. 24 24th Amendment Act: 1971  Made it compulsory for the president to give his assent to a Constitutional Amendment Bill.  Curtailed the fundamental right to property.  Provided that any law made to give effect to the Directive Principles 25 25th Amendment Act: 1971 contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31. Abolished the privy purses and privileges 26 26th Amendment Act: 1971 of the former rulers of princely states. Empowered the administrators of certain 27 27th Amendment Act: 1971 union territories to promulgate ordinances.  Abolished the special privileges of ICS officers and empowered the Parliament to determine their service conditions. 28 28th Amendment Act: 1972  Twenty-Ninth Amendment Act, 1972  Included two Kerala Acts on land reforms in the Ninth Schedule. 29 30th Amendment Act: 1972 Did away with the provision which allowed

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Amendments to Constitution

appeal to the Supreme Court in civil cases involving an amount of `20,000, and provided instead that an appeal can be filed in the Supreme Court only if the case involves a substantial question of law. Increased the number of Lok Sabha seats 30 31st Amendment Act: 1972 from 525 to 545. Made special provisions to satisfy the 31 32nd Amendment Act: 1973 aspirations of the people of the Telangana region in Andhra Pradesh. Provided that the resignation of the members of Parliament and the state 32 33rd Amendment Act: 1974 legislatures may be accepted by the Speaker/Chairman only if he is satisfied that the resignation is voluntary or genuine. Included twenty more land tenure and land 33 34th Amendment Act: 1974 reforms acts of various states in the Ninth Schedule. Terminated the protectorate status of Sikkim and conferred on it the status of an associate state of the Indian Union. The 34 35th Amendment Act: 1974 Tenth Schedule was added laying down the terms and conditions of association of Sikkim with the Indian Union. Made Sikkim a full-fledged State of the 35 36th Amendment Act: 1975 Indian Union and omitted the Tenth Schedule. Provided legislative assembly and council 36 37th Amendment Act: 1975 of ministers for the Union Territory of Arunachal Pradesh. Empowered the president to declare different proclamations of national 37 38th Amendment Act: 1975 emergency on different grounds simultaneously. Placed the disputes relating to the president, vice-president, prime minister 38 39th Amendment Act: 1975 and Speaker beyond the scope of the judiciary. They are to be decided by such authority as may be determined by the

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Amendments to Constitution

Parliament.

Empowered the Parliament to specify from time to time the limits of the territorial 39 40th Amendment Act: 1976 waters, the continental shelf, the exclusive economic zone (EEZ) and the maritime zones of India. Raised the retirement age of members of 40 41st Amendment Act: 1976 State Public Service Commission and Joint Public Service Commission from 60 to 62.  It is also known as Mini-Constitution. It was enacted to give effect to the recommendations of Swaran Singh Committee.)  Added three new words (i.e., socialist, secular and integrity) in the Preamble.  Added Fundamental Duties by the citizens (new Part IV A).  Made the president bound by the advice of the cabinet.  Added three new Directive Principles viz., equal justice and free legal aid, 41 42nd Amendment Act: 1976 participation of workers in the management of industries.  Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts.  Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order. Restored the jurisdiction of the Supreme 42 43rd Amendment Act: 1977 Court and the high courts in respect of judicial review and issue of writs  Empowered the president to send back 43 44th Amendment Act: 1978 once the advice of cabinet for

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Amendments to Constitution

reconsideration. But, the reconsidered advice is to be binding on the president  Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.  Made the President to declare a national emergency only on the written recommendation of the cabinet.  Deleted the right to property from the list of Fundamental Rights and made it only a legal right. Extended the reservation of seats for the SCs and STs and special representation for the Anglo-Indians in the Lok Sabha and 44 45th Amendment Act: 1980 the state legislative assemblies for a further period of ten years (i.e., up to 1990). Enabled the states to plug loopholes in the 45 46th Amendment Act: 1982 laws and realise sales tax dues. Included 14 land reforms Acts of various 46 47th Amendment Act: 1984 states in the Ninth Schedule. Facilitated the extension of President’s rule in Punjab beyond one year without meeting 47 48th Amendment Act: 1984 the two special conditions for such extension. Gave a constitutional sanctity to the 48 49th Amendment Act: 1984 Autonomous District Council in Tripura. Empowered the Parliament to restrict the Fundamental Rights of persons employed 49 50th Amendment Act: 1984 in intelligence organisations and telecommunication systems set up for the armed forces or intelligence organisations. Provided for reservation of seats in the Lok Sabha for STs in Meghalaya, Arunachal 50 51st Amendment Act: 1984 Pradesh, Nagaland and Mizoram as well as in the Legislative Assemblies of Meghalaya and Nagaland  This amendment popularly known as 51 52nd Amendment Act: 1985 Anti-Defection Law

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Amendments to Constitution

 Provided for disqualification of members of Parliament and state legislatures on the ground of defection and added a new Tenth Schedule containing the details in this regard. Made special provisions in respect of 52 53rd Amendment Act: 1986 Mizoram and fixed the strength of its Assembly at a minimum of 40 members Increased the salaries of the Supreme Court and high court judges and enabled 53 54th Amendment Act: 1986 the Parliament to change them in future by an ordinary law. Made special provisions in respect of Arunachal Pradesh and fixed the strength 54 55th Amendment Act: 1986 of its Assembly at a minimum of 30 members. Fixed the strength of the Goa Legislative 55 56th Amendment Act: 1987 Assembly at a minimum of 30 members. Reserved seats for the STs in the legislative assemblies of the states of 56 57th Amendment Act: 1987 Arunachal Pradesh, Meghalaya, Mizoram and Nagaland. Provided for an authoritative text of the Constitution in Hindi language and gave 57 58th Amendment Act: 1987 the same legal sanctity to the Hindi version of the Constitution. Provided for the declaration of national 58 59th Amendment Act: 1988 emergency in Punjab on the ground of internal disturbance. Increased the ceiling of taxes on professions, trades, callings and 59 60th Amendment Act: 1988 employments from Rs 250 per annum to Rs 2,500 per annum Reduced the voting age from 21 years to 60 61st Amendment Act: 1989 18 years for the Lok Sabha and state legislative assembly elections. Extended the reservation of seats for the 61 62nd Amendment Act: 1989 SCs and STs and special representation for the Anglo-Indians in the Lok Sabha and

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Amendments to Constitution

the state legislative assemblies for the further period of ten years (i.e., up to 2000). Repealed the changes introduced by the 59th Amendment Act of 1988 in relation to 62 63rd Amendment Act: 1989 Punjab. In other words, Punjab was brought at par with the other states in respect of emergency provisions. Facilitated the extension of the President’s 63 64th Amendment Act: 1990 rule in Punjab upto a total period of three years and six months Provided for the establishment of a multi- member National Commission for SCs and 64 65th Amendment Act: 1990 STs in the place of a Special Officer for SCs and STs. Included 55 more land reforms Acts of 65 66th Amendment Act: 1990 various states in the Ninth Schedule. Facilitated the extension of the President’s 66 67th Amendment Act: 1990 rule in Punjab up to a total period of four years. Facilitated the extension of the President’s 67 68th Amendment Act: 1991 rule in Punjab up to a total period of five years Accorded a special status to the Union 68 69th Amendment Act: 1991 Territory of Delhi by designing it as the National Capital Territory of Delhi. Provided for the inclusion of the members of the Legislative Assemblies of National 69 70th Amendment Act: 1992 Capital Territory of Delhi and the Union Territory of Puducherry in the Electoral College for the election of the president. Included Konkani, Manipuri and Nepali languages in the Eight Schedule. With this, 70 71st Amendment Act: 1992 the total number of scheduled languages increased to 18. Provided for reservation of seats for the 71 72nd Amendment Act: 1992 STs in the Legislative Assembly of Tripura 1.Granted constitutional status and 72 73rd Amendment Act: 1992 protection to the panchayati raj institutions.

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Amendments to Constitution

2.For this purpose, the Amendment has added a new Part-IX entitled as ‘the panchayats’ and a new Eleventh Schedule containing 29 functional items of the panchayats.  Granted constitutional status and protection to the urban local bodies.  For this purpose, the Amendment has 73 74th Amendment Act: 1992 added a new Part IX-A entitled as ‘the municipalities’ and a new Twelfth Schedule containing 18 functional items of the municipalities. Provided for the establishment of rent tribunals for the adjudication of disputes with respect to rent, its regulation and 74 75th Amendment Act: 1994 control and tenancy issues including the rights, title and interest of landlords and tenants Included the Tamil Nadu Reservation Act of 1994 (which provides for 69 per cent reservation of seats in educational institutions and posts in state services) in 75 76th Amendment Act: 1994 the Ninth Schedule to protect it from judicial review. In 1992, the Supreme Court ruled that the total reservation should not exceed 50 percent. Provided for reservation in promotions in government jobs for SCs and STs. This 76 77th Amendment Act: 1995 amendment nullified the Supreme Court ruling with regard to reservation in promotions. Included 27 more land reforms Acts of various states in the Ninth Schedule. With 77 78th Amendment Act: 1995 this, the total number of Acts in the Schedule increased to 282. But, the last entry is numbered 284. Extended the reservation of seats for the 78 79th Amendment Act: 1999 SCs and STs and special representation for the Anglo-Indians in the Lok Sabha and

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Amendments to Constitution

the state legislative assemblies for a further period of ten years (i.e., up to 2010). Provided for an ‘alternative scheme of devolution’ of revenue between the Centre and states. This was enacted on the basis of the recommendations of the Tenth 79 80th Amendment Act: 2000 Finance Commission which has recommended that out of the total income obtained from Central taxes and duties, twenty-nine per cent should be distributed among the states. Empowered the state to consider the unfilled reserved vacancies of a year as a separate class of vacancies to be filled up in any succeeding year or years. Such class of vacancies are not to be combined with the vacancies of the year in which 80 81st Amendment Act: 2000 they are being filled up to determine the ceiling of 50 per cent reservation on total number of vacancies of that year. In brief, this amendment ended the 50 per cent ceiling on reservation in backlog vacancies. Provided for making of any provision in favour of the SCs and STs for relaxation in qualifying marks in any examination or 81 82nd Amendment Act: 2000 lowering the standards of evaluation, for reservation in matters of promotion to the public services of the Centre and the states. Provided that no reservation in panchayats need be made for SCs in Arunachal 82 83rd Amendment Act: 2000 Pradesh. The total population of the state is tribal and there are no SCs.  Extended the ban on readjustment of seats in the Lok Sabha and the state 83 84th Amendment Act: 2001 legislative assemblies for another 25 years (i.e., up to 2026) with the same

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Amendments to Constitution

objective of encouraging population limiting measures.  In other words, the number of seats in the Lok Sabha and the assemblies are to remain same till 2026.  It also provided for the readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 1991 census. Provided for ‘consequential seniority’ in the case of promotion by virtue of rule of 84 85th Amendment Act: 2001 reservation for the government servants belonging to the SCs and STs with retrospective effect from June 1995.  Made elementary education a fundamental right. The newly-added Article 21-A declares that “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may determine”.  Changed the subject matter of Article 45 in Directive Principles. It now reads—“The State shall endeavour to 85 86th Amendment Act: 2002 provide early childhood care and education for all children until they complete the age of six years”.  Added a new fundamental duty under Article 51-A which reads—“It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years”.

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Amendments to Constitution

Provided for the readjustment and rationalisation of territorial constituencies in the states on the basis of the population 86 87th Amendment Act: 2003 figures of 2001 census and not 1991 census as provided earlier by the 84th Amendment Act of 2001. Made a provision for service tax (Article 268-A). Taxes on services are levied by the Centre. But, their proceeds are 87 88th Amendment Act: 2003 collected as well as appropriated by both the Centre and the states in accordance with the principles formulated by parliament Bifurcated the erstwhile combined National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies, namely, National Commission for Scheduled Castes (Article 338) and 88 89th Amendment Act: 2003 National Commission for Scheduled Tribes (Article 338-A). Both the Commissions consist of a Chairperson, a Vice- Chairperson and three other members. They are appointed by the President. Provided for maintaining the erstwhile representation of the Scheduled Tribes and 89 90th Amendment Act: 2003 non- Scheduled Tribes in the Assam legislative assembly from the Bodoland Territorial Areas District (Article 332 (6)).  The total number of ministers, including the Prime Minister, in the Central Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha (Article 75(1A).  The total number of ministers, including 90 91st Amendment Act: 2003 the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total strength of the legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be

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Amendments to Constitution

less than 12 (Article 164(1A).  The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of legislature party has been deleted. It means that the defectors have no more protection on grounds of splits. Included four more languages in the Eighth Schedule. They are Bodo, Dogri (Dongri), 91 92nd Amendment Act: 2003 Maithili (Maithili) and Santhali. With this, the total number of constitutionally recognised languages increased to 22 Empowered the state to make special provisions for the socially and educationally backward classes or the Scheduled Castes or the Scheduled Tribes in educational institutions including private educational institutions (whether aided or unaided by the state), except the minority educational institutions (clause (5) in Article 15). This Amendment was enacted 92 93rd Amendment Act: 2005 to nullify the Supreme Court judgement in the Inamdar case (2005) where the apex court ruled that the state cannot impose its reservation policy on minority and non- minority unaided private colleges, including professional colleges. The court declared that reservation in private, unaided educational institutions was unconstitutional. Freed Bihar from the obligation of having a tribal welfare minister and extended the same provision to Jharkhand and 93 94th Amendment Act: 2006 Chhattisgarh. This provision will now be applicable to the two newly formed states and Madhya Pradesh and Orissa, where it has already been in force (Article 164(1)).

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Amendments to Constitution

Extended the reservation of seats for the SCs and STs and special representation for the Anglo-Indians in the Lok Sabha and 94 95th Amendment Act: 2009 the state legislative assemblies for a further period of ten years i.e., upto 2020 (Article 334). Substituted “Odia” for “Oriya”. Consequently, the “Oriya” language in the 95 96th Amendment Act: 2011 Eighth Schedule shall be pronounced as “Odia”  Gave a constitutional status and protection to co-operative societies. In this context, it made the following three changes in the constitution:  It made the right to form co-operative societies a fundamental right (Article 19) 96 97th Amendment Act: 2011  It included a new Directive Principle of State Policy on the promotion of cooperative societies (Article 43-B).  It added a new Part IX-B in the constitution which is entitled as “The Co-operative societies” (Articles 243-ZH to 243-ZT). To empower the Governor of Karnataka to 97 98th Amendment Act: 2013 take steps to develop the Hyderabad- Karnataka Region It provided for establishment of National 98 99th Amendment Act: 2014 judicial commission This amendment is Land Boundary 99 100th Amendment Act: 2015 Agreement (LBA) between India and Bangladesh Goods and Services Tax (GST) has commenced with the enactment of the 100 101st Amendment Act: 2016 101st Constitution Amendment Act, 2016 on 8th September, 2016 and the subsequent notifications

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SCHEDULE

PARTS

Parts Subject Matter Articles Covered

I The Union and its territory 1 to 4

II Citizenship 5 to 11

III Fundamental Rights 12 to 35

IV Directive Principles of State Policy 36 to 51

IV-A Fundamental Duties 51-A

V The Union Government 52 to 151

Chapter I - The Executive 52 to 78

Chapter II - Parliament 79 to 122

Chapter III - Legislative Powers of President 123

Chapter IV - The Union Judiciary 124 to 147

Chapter V - Comptroller and Auditor General of India 148 to 151

VI The State Governments 152 to 237

Chapter I - General 152

Chapter II - The Executive 153 to 167

Chapter III - The State Legislature 168 to 212

Chapter IV - Legislative Powers of Governor 213

Chapter V - The High Courts 214 to 232

Chapter VI - Sub-ordinate Courts 233 to 237

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Schedule

VIII The Union Territories 239 to 242

IX The Panchayats 243 to 243-0

IX-A The Municipalities 243 P to 243-ZG

IX-B Cooperative Society 243-ZH to 243- ZT

X The Scheduled and Tribal Areas 244 to 244 - A

XI Relations between the Union and the States 245 to 263

Chapter I - Legislative Relations 245 to 255

Chapter II - Administrative Relations 256 to 263

XII Finance, Property, Contracts and Suits 264 to 300-A

Chapter I - Finance 264 to 291

Chapter II - Borrowing 292 to 293

Chapter III - Property, Contracts, Rights, Liabilities, 294 to 300 Obligations and Suits

Chapter IV - Right to Property 300-A

XIII Trade, Commerce and Intercourse within the Territory 301 to 307 of India

XIV Services under the Union and the States 308 to 323

Chapter I - Services 308 to 314

Chapter II - Public Service Commissions 308 to 323

XIV-A Tribunals 323-A to 323-B

XV Elections 324 to 329-A

XVI Special Provisions relating to SCs, OBCs and Anglo - 330 to 342 Indians

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Schedules

XVII Official Language 343 to 351

Chapter I - Language of the Union 343 to 344

Chapter II - Regional Languages 345 to 347

Chapter III - Language of the Supreme Court, 348 to 349 High Courts, and so on

Chapter IV - Special Directives 350 to 351

XVIII Emergency Provisions 352 to 360

XIX Miscellaneous 361 to 367

XX Amendment of the Constitution 368

XXI Temporary, Transitional and Special Provisions 369 to 392

XXII Short title, Commencement, Authoritative Text in Hindi 393 to 395 and Repeals

SCHEDULES OF THE CONSTITUTION

Articles Numbers Subject Matter Covered

First 1. Names of the States and their territorial Schedule jurisdictions. 1 to 4 2. Name of the Union Territories and their extent.

Second Provisions relating to the emoluments, allowances, 59, 65, 75, Schedule privileges and so on of: 97, 125, 1. The President and the Governors of the States 148, 158, 2. The Speaker and the Deputy Speaker of the Lok 164, 186 & Sabha 221

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Schedule

3. The Chairman and the Deputy Chairman of the Rajya Sabha 4. The Speaker and the Deputy Speaker of the Legislative Assemblies in the States 5. The Chairman and the Deputy Chairman of the Legislative Councils in the States 6. The Judges of the Supreme Court and of the High Courts 7. The Comptroller and Auditor-General of India

Third Forms of the Oaths or Affirmations for: 75, 84, 99, Schedule 1. The Union Ministers 124, 146, 2. The candidates for election to the Parliament 173, 188 3. The Members of the Parliament and 219 4. The Judges of the Supreme Court 5. The Comptroller and Auditor General of India 6. The State Ministers 7. The candidates for election to the State Legislature 8. The members of the State Legislature 9. The Judges of the High Courts

Fourth Allocation of the seats in the Rajya Sabha to the States 4 and 80 Schedule and the Union Territories.

Fifth Provisions relating to the administration and the control Schedule of the Scheduled Areas and the Scheduled Tribes. 244

Sixth Provisions relating to the administration of the Tribal Schedule Areas in the States of Assam, Meghalaya, Tripura and 244 and Mizoram. 275

Seventh Division of the powers between the Union and the Schedule States in terms of List I (Union List), List II (States List), 246 List III (Concurrent List). Presently, the Union List contains 100 subjects (originally 97), the state list contains 61 subjects (originally 66) and the concurrent list contains 52 subjects (originally 47)

Eighth Includes the languages recognised by the Constitution. Schedule Originally, it had 14 but presently there are 22 344 and

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Schedules

languages, 351 They are: Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu and Urdu. Sindhi was added by the 21st Amendment Act of 1967. while Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992. The 92nd Amendment Act, 2003 added Bodo, Dogri, Maithili and Santhali

Nineth Validation of certain Acts and regulations, mostly Schedule relating to the land reforms. There are 284 such Acts. 31 – B This Schedule was added to the Constitution by the First Amendment Act of 1951 which provided that by incorporating any law into it. The State would make it immune from judicial scrutiny.

Tenth Provisions relating to the disqualification of the 102 and Schedule legislators on grounds of defection. This Schedule was 191 added by the 52nd Amendment Act of 1985. It is also known as the Anti-defection Law.

Eleventh Specifies the powers authority and the responsibilities Schedule of the Panchayats. It has 29 matters. This schedule 243 – G was added by the 73rd Amendment Act of 1992.

Twelfth Specifies the power. authority and the responsibilities of Schedule the Municipalities. It has 18 matters. This Schedule was 243 – W added by the 74th Amendment Act of 1992.

Page 5

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Administrative Reforms & Tribunal

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It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

ADMINISTRATIVE

REFORMS & TRIBUNALS

 42nd Constitutional Amendment reform Indian administration. Actually, Act in 1976 added a new Part XIV- the administrative reforms are the A to the Constitution. This part is developments of administration in entitled as ‘Tribunals’ and consists India. Here, let us discuss some of only two Article 323 A dealing committees which recommended for with administrative tribunals and the reforms and development of Indian Article 323 B dealing with tribunals administration. for other matters.  Many States are also provided 1. Ayyangar Committee, 1949: with the State Administrative The first committee setup to Tribunals. undertake a comprehensive review of  The Chairman and the Vice- the machinery of central government Chairman of the tribunal enjoys the towards the end of 1949 was status of a High Court Judge and Gopalaswami Ayyangar Committee, his/her retirement age is 65 years) which dealt with organisational  The Chairman must be a Judge of changes, improvement in calibre of the High Court or one who served personnel and improvement in for at least two years as the High methods of transaction of Court Judge or the Vice-Chairman governmental business. The of Tribunal. committee recommended a distinction between a Ministry and a Department. Administrative Reforms: It recommended that the central Generally, many areas of Indian secretariat should be divided into 37 administration are based on British primary units of organisation consisting legacy. At the time of independence, of 28 departments, 8 central India inherited a colonial administration administrative offices and a cabinet which was primarily designed for the secretariat. It also recommended for performance of limited functions of an setting up of an organisation and imperial government, and naturally methods division in each department. unsuited to serve the needs of a secular, independent, democratic and Gorwala Committee, 1951: socialistic republic of India. Hence, the The government of India set up the founding fathers of India planning commission in 1950. The independence, took several steps to

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Administrative Reforms & Tribunals

commission felt that there were many secretarial and the India Institute of problems in public administration. public Administration was also Hence, the commission requested Mr. established in New Delhi in 1954. Gorwala, a retired IAS officer to make a study and suggest measures for 3. Administrative Reforms bringing about reforms in public Commission (1966-70) administration, especially in relation to The appointment of the implementation of the development Administrative Reforms Commission programmes of the central and the (ARC) was an important landmark in state governments. He mainly the history of administrative reforms in recommended that parliamentary India. The commission was setup on government with a cabinet system on January 5, 1966, under the the British model cannot be effective chairmanship of Morarji Desai, with five unless there is the standard of morality members. The Commission submitted of the functionaries. its 20 reports containing 578 recommendations to the central 2. Appleby Report, 1953 and 1956: Government. At the end of 1952, C.D. Deshmukh, then Finance Minister, Central Administrative Tribunal invited Paul H. Appleby, a noted (CAT): authority on public administration in  It was established in 1985 under the USA, to make a survey of public Administrative Tribunals Act (1985) administration in India. Appleby felt the of the Parliament. (Statutory body). government of India was making the  The CAT exercises original best effort in the world to bring jurisidication in relation to development through democracy. He recruitment and all service matters analysed the factors making for unity of public servants covered by it. and disunity. He suggested a strong  Its jurisdiction extends to the all- central government for the India services, the Central civil administration of programmes. services, civil posts under the He commented on the lack of Centre and civilian employees of action-mindedness in India defence services. administration and lack of capacity to  However, the members of the take action in situations. He mainly defence forces, officers and recommended that there should be an servants of the Supreme Court and all-India institute for training the the secretarial staff of the personnel. He also recommended that Parliament are not covered by it. the number of levels in hierarchy  Its objective is to provide speedy should be increased. As a result, an O and inexpensive justice to the & M Division was set up in the central aggrieved Civil Servants.

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Administrative Reforms & Tributes

 It is a multi-member body consisting recruitment and all service, matters of a Chairman, 16 Vice-Chairmen of state government employees. and 49 Members.  The chairman, vice-chairman and  They are not eligible for re- members of the SATs are appointment appointed by the president after  The term of the Chairman and the consultation with the governor of Vice Chairman is 5 years or until the state concerned. they attain the age of 65 years,  The act also makes a provision for whichever is earlier. setting up of joint administrative  The term of the members is 5 years tribunal (JAT), for two or more or until they attain the age of 62 states. The chairman, vice- years,( whichever is earlier). chairman and members of a JAT  They are appointed by the are appointed by the president after President. consultation with the governors of  They are drawn from both the the concerned states. Judicial and the Administrative streams. Tribunals For Other Matters:  It is not bound by the procedure laid Under Article 323 B, the parliament down in the Civil Procedure Code and the state legislatures are (1908). authorised to provide for the  Its jurisdiction extends to the establishment of tribunals for the members of the All-India Services, adjudication of disputes relating to the Central Services and Posts. following:  It works under the administrative a) Taxation, control of Department of Personnel b) Foreign exchange, import and and Training - one of the three export departments of Ministry of c) Industrial and labour Personnel, Public Grievances, and d) Land reforms Pensions. e) Ceiling on urban property f) Elections to parliament and state State Administrative Tribunal (SAT): ligatures  The Administrative Tribunals Act of g) Food stuffs 1985 empowers the Central h) Rent and tenancy rights government to establish the State Administrative Tribunals (SATs) on specific request of the concerned state governments.  Like the CAT, the SATs exercise original jurisdiction in relation to

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Administrative Reforms & Tribunals

Name And Jurisdiction Of Benches Of CAT

Sl.No. Bench Territorial Jurisdiction of the Bench 1 Principal Bench, Delhi Delhi 2 Allahabad Bench Uttar Pradesh (except the districts covered by Lucknow Bench) 3 Lucknow Bench Uttar Pradesh (except the districts covered by the Allahabad Bench) 4 Chuttak bench Orissa 5 Hyderabad Bench Andhra Pradesh 6 Bangalore Bench Karnataka 7 Madras Bench Tamil Nadu and Puducherry 8 Ernakulam Bench Kerala and Lakshadweep 9 Bombay Bench Maharashtra, Goa, Dadra and Nagar Haveli, and Daman and Diu 10 Ahmedabad Bench Gujarat 11 Jodhpur Bench Rajasthan (except the districts covered by the Jaipur Bench) 12 Jaipur Bench Rajasthan (except the districts covered by the Jodhpur Bench) 13 Chandigarh Bench J & K, Haryana, Himachal Pradesh, Punjab and Chandigarh 14 Jabalpur Bench Madhya Pradesh 15 Patna Bench Bihar 16 Calcutta Bench West Bengal, Sikkim and Andaman and Nicobar Islands 17 Guwahati bench Assam, Meghalaya, Manipur, Tripura, Nagaland, Mizoram and Arunachal Pradesh

Page 4

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Corruption & Central Vigilance Commission Lok Adalat’s – Controller and Auditor General of India

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Commissioner, Department of Employment and Training.

CORRUPTION & CENTRAL VIGILANCE COMMISSION LOK ADALAT’S - CONTROLLER AND AUDITOR GENERAL OF INDIA

CORRUPTION 4. black money in country. CORRUPTION - Latinword "to 5. Destabilized government break" 6. Widen imbalance between rich & Definition: poor

It is the use of public power for International Anti-Corruption private profit in a way that constitutes a Day has been observed annually, breach of law or a deviation from the on 9 December, since the passage norms of society. of the United Nations Convention

Against Corruption on 31 October

Forms of Corruption: 2003 1. Bribery : Accepting gift /cash using power. THE CENTRAL BUREAU OF 2. Misappropriation : Using public INVESTIGATION money for private gain. 3. Patronage : Wrong support / CBI – Director – Alok Kumar Verma encouragement 4. Favouritism : undue favour to Origin: preferred person  The Central Bureau of Investigation 5. Nepotism : Favour Relatives traces its origin to the Special Police Establishment (SPE) which

was set up in 1941 by the Impact of Corruption: Government of India. 1. Retarded economic development  The functions of the SPE then of country. were to investigate cases of 2. Violence and lawlessness. bribery and corruption in 3. Gives rise to casteism, linguism, transactions with the War & communalism

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CCVCLA

Supply Department of India a) Chief Vigilance Commissioner – during World War II. chairperson b) Vigilance Commissioners –  The DSPE (Delhi special police members establishment) acquired its c) Secretary, Home Ministry – popular current name, Central member Bureau of Investigation (CBI), d) Secretary (Coordination and through a Home Ministry Public Grievances) in resolution dated 1.4.1963. the Cabinet Secretariat –

member

Organisational structure: When making recommendations, the committee considers the views of The CBI is headed by a director, the outgoing director Final selection is an IPS officer with a rank of Director made by the Appointments Committee General of Police or Commissioner of of the Cabinet from the panel Police (State). The director is selected recommended by the selection based on the CVC Act 2003, and has a committee. two-year term. Other ranks in the CBI which may be staffed by the IPS or Jurisdiction, powers and the IRS are Special director, Additional restrictions: director, Joint director, Deputy inspector general of police, Senior  The legal powers of investigation superintendent of police and of the CBI are derived from the Superintendent of police. DSPE Act 1946, which confers powers, duties, privileges and

liabilities on the Delhi Special Selection Committee: Police Establishment (CBI) and According to the CVC Act 2003, the officers of the Union Territories. committee recommends a panel of  The central government may officers for director of the CBI. It extend to any area (except Union consists of: Territories) the powers and

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CCVCLA

jurisdiction of the CBI for  Breaches of central laws investigation, subject to the enforceable by the Government consent of the government of the of India concerned state. Members of the  Major fraud or embezzlement; CBI at or above the rank of sub- multi-state organised crime inspector may be considered  Multi - agency or international officers in charge of police cases stations. Under the act, the CBI can investigate only with COMPTROLLER & AUDITOR notification by the central GENERAL (CAG) government.  The constitution of India (Article 148) provides for an independent Relationship to state police office of the Comptroller and

Maintaining law and order is a state Auditor General of India (CAG). He responsibility as "police" is a State is the head of the Indian Audit and subject, and the jurisdiction to Accounts Department. He is the investigate crime lies with the state guardian of the public purse. police exclusively. The CBI being a Appointed by the President. Union subject may investigate:  Holds office for 6 years or till 65 years of age.  Offenses against central-  The President can remove him government employees, or only on the recommendation of the concerning affairs of the central two houses of Parliament (as in government and employees of case of judge of Supreme Court). central public-sector  He is not eligible for further office, undertakings and public-sector either under the Government of banks India or of any state, after he  Cases involving the financial ceases to hold his office. interests of the central  His salary is equal to that of a government judge of the Supreme Court.

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CCVCLA

 The CAG submits three audit th 13 – CAG of India reports to the President – audit (Rajiv Mehrishi) report on appropriation accounts, Present – Shashikant Sharma audit report on finance accounts, Duties and Powers: and audit report on public  His duties are to audit the undertakings. The president lays accounts of the Union and the these reports before both the States and to ensure that nothing Houses of Parliament. is spent out of the Consolidated  He is responsible only to the Fund of India or of the States Parliament. In short the CAG acts without the sanction of the as the custodian & trustee of Parliament or the respective State public money. Legislatures.  The Constitution (Article 149) ATTORNEY-GENERAL authorises the Parliament to  The Constitution (Article 76) has prescribe the duties and powers of provided for the office of the the CAG in relation to the accounts Attroney General for India. He is of the Union and of the states and the highest law officer in the of any other authority or body. country. Appointed by the  He advises the President with President. regard to prescription of the form  The person should be qualified to in which the accounts of the centre be appointed a judge on these. and the states shall be kept (Article 150). Present – K.K. Venugopal  He submits an audit report of the Union to the President who shall lay it before the Parliament and the audit reports of the States to  the respective Governors who shall lay it before the respective State Legislatures (Article 151).

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CCVCLA

No. Comptroller and Auditor Year tenure began Year tenure ended General of India

1 V. Narahari Rao 1948 1954

2 A. K. Chanda 1954 1960

3 A. K. Roy 1960 1966

4 S. Ranganathan 1966 1972

5 A. Bakshi 1972 1978

6 Gian Prakash 1978 1984

7 T. N. Chaturvedi 1984 1990

8 C. G. Somiah 1990 1996

9 V. K. Shunglu 1996 2002

10 VN Kaul 2002 2008

11 Vinod Rai 2008 2013

12 Shashi Kant Sharma 2013 Incumbent (6 years tenure or 65 years of age, whichever is earlier]

Rights and Limitations: this, he is not paid salary but a  He is entitled to audience in all retainer to be determined by the courts of the country & can take President. part in the proceedings of the  The Attorney General is assisted Parliament and its committees. by two Solicitors-General and four However, he is not given the right Additional Solicitors-General. to vote.  The Attorney General gets a  He is also allowed to take up retainer equivalent to the salary of private practice provided the other a judge of the Supreme Court. party is not the State. Because of

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CCVCLA

Functions: first State to introduce the institution  Gives advice on all such legal of Lokayukta in 1971. There are no matters which may be referred or Lokayuktas in Arunachal assigned to him by the President. Pradesh, Jammu Kashmir, Manipur,  Appears before the Supreme Court Meghalaya, and various High Courts in cases Mizoram, Nagaland, Sikkim, TamilN involving the Govt. Of India. [Every adu, Tripura and West Bengal. The state shall have an Advocate- process to set up Lokayukta General to advice the govt. On in Goa is in progress. legal matters – Article 165].  Karnataka’s Lokayukta is considered one of the strongest.. LOKAYUKTA Appointment  The Lokayukta is an anti-corruption  The Lokayukta is usually a former authority High Court Chief Justice or former ombudsman (An ombudsman is an Supreme Court judge and has a official, appointed by fixed tenure.

the government or by parliament to represent the interests of Roles the public). He works along with the  Any citizen can make his/her Income Tax Department and the complaints of corruption directly to Anti Corruption Bureau. The the Lokayukta against any Lokayukta (sometimes referred to government official or elected the institution itself) investigates representative. Lokayukta’s power allegations of corruption and mal- varies from State to State. In some administration against public States, the Lokayukta inquires into servants and is tasked with speedy allegations against public redressal of public grievances. functionaries including Chief Minister, Ministers and MLAs. While States that have this authority: some has the power to investigate  Only 19 Indian States have into civil servants/bureaucrats, Lokayukta. Maharashtra was the judiciary and police.

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CCVCLA

CENTRAL VIGILANCE COMMISSION 2. The Union Minister of Home  The Central Vigilance Commission affairs (CVC) is the main agency for 3. The Leader of the Opposition in preventing corruption in the the Lok Sabha Central governments. It was Present, CVC established in 1964 by an  Shri KV Chowdary executive resolution of the Central Other Vigilance Commissioners government and it was recommended by the Santhanam  Shri Rajiv Committee on Prevention of  Tejendra Mohan Bhasin Corruption (1962-64). Term and Tenure:  Thus, originally the CVC was  They hold office for a term of four neither a constitutional body nor a years or until they attain the age of statutory body. Recently, in sixty five years whichever is earlier. September 2003, the Parliament  After their tenure, they are not enacted a law conferring statutory eligible for further employment status on the CVC. under the Central or a state

government. Composition:

The Commission shall consist of Salary:  A Central Vigilance Commissioner Similar to those of the Chairman of - Chairperson; UPSC and that of the vigilance  Not more than two Vigilance commissioner are similar to those of a Commissioners - Members; member of UPSC.

Appointment: Functions: By the President on the  To inquire or cause an inquiry or recommendation of a three-member investigation to be conducted on a committee consisting of reference made by the Central 1. The prime Minister as its head government wherein it is alleged

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CCVCLA

that a public servant being an president a report on its employee of the Central performance. The president places government or its authorities, has this report before each House of committed an offence under the Parliament. Prevention of Corruption Act, 1988.  To exercise superintendence over the functioning of Delhi special police establishment.  To give directions to the Delhi Special Police Establishment for the purpose of discharging the responsibility entrusted to it under the Delhi Special Police Establishment Act, 1946.  To tender advise to the Central government and its authorities on such matters as are referred to it by them.  To exercise superintendence over the vigilance administration in the ministries of the Central Government or its authorities.

Working:  The CVC conducts its proceedings at its headquarters (New Delhi).  It has all the powers of a civil court and its proceedings have a judicial character.  The CVC, on receipt of the report of the inquiry undertaken to the

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Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Right to Information

 Copyright

It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

RIGHT TO INFORMATION

The Right to Information Act, 2005:  Every public authority shall,  The Right to Information Act designate as many officers as the received the assent of the President Central Public Information Officers on the 15th June, 2005. or State Public Information Officers,  It extends to the whole of India as the case may be in all except the State of Jammu and administrative units or offices under Kashmir. it as may be necessary to provide  Subject to the provisions of this Act, information to persons requesting all citizens shall have the right to for the information under this Act. information.  Every public authority shall – Exemption from disclosure of Maintain all its records duly information: catalogued and indexed so that 1. Information disclosure of which access to such records is would prejudicially affect the facilitated; sovereignty and integrity of India, or lead to incitement of an offence; a) Publish 2. Information which has been i. The particulars of its expressly forbidden to be organisation, functions and published by any court of law or duties; tribunal or the disclosure of which ii. The powers and duties of its may constitute contempt of court; officers and employees; 3. Information, the disclosure of iii. The procedure followed in the which would cause a breach of decision making process, privilege of Parliament or the State including channels of Legislature. supervision and accountability. Right to Information Day – September 28

Page 1

Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Centre of State Commission

 Copyright

It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

CENTRE & STATE COMMISSION

CENTRAL INFORMATION Removal: COMMISSION (CIC)  The Chief Information  CIC is constituted by the Central Commissioner or any information Government through a gazette Commissioner shall be removed notification. from his office only by order of

the President, however in the Composition: case of proved misbehaviour or  One Chief Information incapacity President has to refer Commissioner and not more than the matter to the Supreme Court 10 Information Commissioners. for an enquiry. If the Supreme

Court after the inquiry, upholds Appointment: the cause of removal and advises  By President on the so, then the President remove recommendation of a committee him consisting of Salary: 1. The Prime Minister as  For Chief Information chairperson Commissioner it is similar to 2. The Leader of Opposition in the those of the Chief Election Lok Sabha Commissioner and for the 3. Union Cabinet Minister information Commissioner it is nominated by the Prime Minister. similar to those of an Election Term and Tenure: Commissioner.  Five years or until they attain the  Head Quarters – Delhi age of 65 years whichever is

earlier. They are not eligible for

reappointment. Present – CIC – Radha Krishna

Mathur

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Centre & State Commission

Powers and functions of the Composition: Information Commissions:  It is consists of a State Chief  It shall be the duty of the Central Information Commissioner and Information Commission or State not more than ten State Information Commission, as the Information Commissioners. case may be, to receive and inquire into a complaint from any Appointment: person.  By the Governor on the a) Who has been unable to submit Recommendation of Committee a request to a Public Information consisting of Officer by reason that no such 1. The Chief Minister as officer has been appointed Chairperson under this Act, or 2. The Leader of Opposition in the b) Who has been refused access Legislative Assembly to any information requested 3. State Cabinet Minister under this Act; nominated by the Chief Minister c) Who has not been given a response to a request for Term and Tenure: information or access to  Five years or until they attain the information within the time limit age of 65 years, whichever is specified under this Act. earlier. They are not eligible for reappointment. STATE INFORMATION COMMISSION (SIC) Removal:  The State Chief Information  Every State Government shall Commissioner or any State constitute a body to be known as information Commissioner shall the State Information Commission. be removed from his office only by Governor, however in the case of proved misbehaviour or incapacity Governor has to refer

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Centre of State Commission

the matter to the Supreme Court for an inquiry. If the Supreme Court after the inquiry, upholds the cause of removal and advises so, then the governor remove him

Salary:  State Chief Information Commissioner-similar to those of Election Commissioner  State Information commissioner- similar to those of Chief Secretary of the state government

 Tamilnadu Information Commission - It consisting of State Chief

Information Commissioner and two State information Commissioners.  Current Chief Information Commissioner – Thiru. S. Ramakrishnan

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Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam Subject : Indian Polity Topic : Empowerment of Women

 Copyright

It is a cost-free service provided to the job seekers who are preparing for the Competitive Exams.

Commissioner, Department of Employment and Training.

EMPOWERMENT OF WOMEN

Definition:  The Mission goes beyond ‘3 R’s Empowerment is the degree of (i.e. Reading, Writing & equality and freedom in all spheres of Arithmetic) for it also seeks to life at par with men. create awareness of social disparities and a person’s  International Women's Year (IWY)- deprivation on the means for its 1975 by the United Nations amelioration and general well  March 8-International Women's being. Day

 United Nations Decade for Women, The Mahila Samakhya Programme from 1976–1985 (1987-89)

 To translate the goals of NPE Central Government schemes: and POA into a concrete Education programme for the education and Saakshar Bharat (8 September 2009) empowerment of women in rural  It was launched by Prime areas, particularly of women from Minister, Dr. Manmohan Singh to socially and economically create a literate society through a marginalised groups. variety of teaching learning  Mahila Samakhya (Education for programmes for non-literate and Women’s Equality) was launched neo-literate of 15 years and as a pilot project in 10 districts of above. Karnataka, Gujarat and Uttar  It aims to recast India's National Pradesh in 1989 with Dutch Literacy Mission to focus on assistance. literacy of women, which is

expected to increase the literate

population by 70 million adults,

including 60 million women.

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Empowerment of Women

The Kasturba Gandhi Balika the poverty line in Educationally Vidyalaya scheme (2004). Backward Blocks.  It is now integrated in the Sarva  The objective of KGBV is to Shiksha Abhiyan program, to ensure access and quality provide educational facilities for education to the girls of girls belonging to Scheduled disadvantaged groups of society Castes, Scheduled Tribes, Other by setting up residential schools Backward Classes, minority with boarding facilities at communities and families below elementary level.

WOMEN EMPOWERMENT PROGRAMMES SL. Women Year of Function No. Empowerment Establishment Programmes 1 Support to 2003-04 To increase the self-reliance and Training and autonomy of women by enhancing their employment productivity and enabling them to take up Programme for income generation activities. Women (STEP) 2 Rashtriya Mahila 1993 To promote or undertake activities for the Kosh (RMK) promotion of or to provide credit as an instrument of socio- economic change and development through the provision of a package of financial and social development services for the development of women. 3 Rashtriya Mahila 1993 To facilitate credit support or micro-finance Kosh to poor women to start income generating activities such as dairy, agriculture, shop- keeping, vending, handicrafts etc.

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Empowerment of Women

4 Rajiv Gandhi 2010 It aims at empowering Adolescent girls of Scheme for 11 to 18 years by improving their Empowerment of nutritional and health status, up gradation Adolescent Girls of home skills, life skills and vocational (RGSEAG)- skills. ‘Sabla’ 5 Central Social 1953 To promote social welfare activities and Welfare Board implementing welfare programmes for (CSWB) women and children through voluntary organizations. 6 1993 It extends micro-finance services through Rashtriya a client friendly and hassle-free loaning Mahila Kosh - mechanism for livelihood activities, (National Credit housing, micro-enterprises, family needs, Fund for Women) etc to bring about the socio-economic upliftment of poor women. 7 Indira Gandhi ---- To improve the health and Matritva Sahyog Y nutrition status of pregnant, lactating ojana (IGMSY) women and infants 8 Swayam Siddha 2001 At organizing women into Self-Help Groups to form a strong institutional base. 9 Short Stay Home 1969 To provide temporary shelter to women for Women and and girls who are in social and moral Girls (SSH) danger due to family problems, mental strain, violence at home, social ostracism, exploitation and other causes. 10 Swadhar 1995 To support women to become independent in spirit, in thought, in action and have full control over their lives rather than be the victim of others actions. 11 Support to 1986 To mobilise women in small viable groups

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Empowerment of Women

Training and and make facilities available through Employment training and access to credit, to plovide Programme for training for skill up gradation, etc. Women (STEP) 12 Development of 1982 To improve the socio-economic status of Women and the poor women in the rural areas Children in Rural through creation of groups of women for Areas (DWCRA) income-generating activities on a self- sustaining basis. 13 Tamil Nadu 1983 Aims at the socio-economic empowerment Corporation for of women Development of Women

Health as an effective link between the Janani Suraksha Yojana (JSY): Government and the poor  It is a safe motherhood pregnant women in l0 low intervention under the National performing states, namely the 8 Rural Health Mission (NRHM) EAG states and Assam and J&K being implemented with the and the remaining NE States objective of reducing maternal and neo-natal mortality by promoting Rajiv Gandhi Scheme for institutional delivery among the Empowerment of Adolescent poor pregnant women. Girls (RGSEAG) Sabla  The Yojana, launched on 12th  It is a centrally sponsored program April 2005, by the Hon’ble Prime of Government of India initiated on Minister, is being implemented in April 1, 2011 under Ministry of all states and UTs with special Women and Child Development. focus on low performing states.  The Yojana has identified ASHA, the accredited social health activist

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Empowerment of Women

The objectives of the program are: Indira Gandhi Matritva Sahyog Yoja . Enable the Adolescent girls for na (IGMSY) – Conditional Maternity self-development and Benefit (CMB) scheme empowerment  It is a Conditional Cash Transfer . Improve their nutrition and health scheme for pregnant and lactating status. women to contribute to better . Promote awareness about health, enabling environment by providing hygiene, nutrition, adolescent cash incentives for improved reproductive and sexual health health and nutrition to pregnant (ARSH) and family and child care. and nursing mothers. . Upgrade home-based skills, life  It is being implemented initially on skills and integrate with the pilot basis in 52 selected districts National Skill Development using the platform of ICDS Program (NSDP) for vocational skills. Political: . Mainstream out of school  33% reservation in Panchayat and adolescent girls into formal/non Municipalities under 73rd formal education. amendment Act & 74th . Provide information/guidance amendment Act 1992. about existing public services such  Women's Reservation Bill or as PHC, CHC, Post Office, Bank, the The Constitution (108th Police Station, etc. Amendment) Bill is a pending bill in India which proposes to amend Eligibility Criteria the Constitution of India to reserve  The program would cover 33 per cent of all seats in the adolescent girls 11–18 years old Lower house of Parliament of under all ICDS projects in selected India, theLok Sabha, and in all 200 districts in all states/UTs in the state legislative assemblies for country. The target group would be women. subdivided into 11-15 and 15–18  The Upper House Rajya years. Sabha passed the bill on 9 Mar

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Empowerment of Women

2010. As of March 2013, the  The Moovalur Ramamirtham Lower House Lok Sabha has not Ammaiyar Ninaivu Marriage yet voted on the bill assistance scheme was launched in the year 3rd June 1989.This Legal provisions: scheme focused in helping poor  Dowry prohibition Act - 1961 parents for getting their  Immoral traffic prevention Act daughters married. It also - 1956 promoted educational status of  Equal right to property Act- 1956 poor girls up to 10th standard.  Equal remuneration Act - 1976 The financial support was  Protection from Domestic enhanced on continuous basis Violence Bill - 2002 from Rs.5000/- to current annual  National commission for women support of 25,000/- during the 1st - 1990 April 2010, as an Educational  Domestic Violence Act - 2005 support for the poor girls.

Other Schemes:  UJJAWALA : A Comprehensive E.V.R Maniammaiyar Ninaivu Scheme for Prevention of Marriage Assistance Schemes For trafficking and Resue, Daughters of Poor Widows: Rehabilitation and Re-integration  The Maniammaiyar Ninaivu of Victims of Trafficking and marriage assistance schem for Commercial Sexual Exploitation the daughters of the poor widows  Dhanalakshmi - Conditional cash was launched in the year 1981- transfer scheme for girl child. 1982.Initially during the launch Rs.1000/- was provided and has WOMEN WELFARE SCHEMES been enhanced to Rs.20, 000 in IN TAMIL NADU the year 20th November 2008, to Moovalur Ramamirtham Ammaiyar perform the marriage of the poor Ninaivu Marriage Assistance widows daughters. Scheme:

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Empowerment of Women

Anjugam Ammiar Ninaivu Intercaste Sivagami Ammaiyar Ninaivu Girl Marriage Assistance Scheme: Child Protection Scheme:  This scheme was launched in the  This scheme was launched in the 1st July 1967, with the aim to year April 1992 in order to lift the abolish discrimination on caste status of the girl children in the grounds and also to eliminate society and to abolish the dowry harassment. Even the practice of female infanticide. In intercaste marriage assistance the fond memory of the then has been included in the scheme. Chief minister of Tamilnadu There is no income limit to avail “Thiru Kamarajar”, the scheme this assistance. Under this was renamed as Sivagami scheme the intercaste marriage Ammaiyar ninaivu girl child scheme, the married couples are protection scheme in the year financially benefited. 2006. By the year 31st March 2010, 6192 girl children in the Sathyavani Muthu Ammiyar Ninaivu State of Tamilnadu are benefited. Free Supply of Sewing Machines Dr.Dharmambal Ammaiyar Ninaivu Scheme: Widow Remarriage Assistance  Sathyavani Muthu Ammiyar was Scheme: Indian politician and influential  This scheme was launched in the dalit leader. She was a Member year 1975 with the focus to of the Legislative Assembly of rehabilitate the widows and to Tamil Nadu, Rajya Sabha encourage the widow remarriage. member and Union Minister. She The financial support was began her political career as a gradually enhanced from member of Dravida Munnetra Rs.5000/- to Rs.20.000/- from Kazhagam, began her own party, November 2009.Also no income Thazhthapattor Munnetra ceiling was fixed to avail the Kazhagam and later joined the scheme. The applications to avail Anna Dravida Munnetra the scheme will be processed Kazhagam. within 15 days.

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Empowerment of Women

 From 17.5.2011 onwards, the which are likely to receive female scheme of giving 4 gms 22 carat children which are abandoned by gold coin for Thirumangalyam is their parents due to social extened to beneficiaries under circumstances like debts, future this scheme with financial financial commitments, females assistance of Rs. 25,000/. are prone to sexual violations etc.

Annai Therasa Ninaivu Marriage Integrated Child Development Assistance Scheme For Orphan Services (ICDS): Girls:  The project was launched on 2nd  This scheme was launched in the October 1975.ICDS is a symbol year 1984-1985 to support the of uniqueness in the field of early orphan girls for getting married. childhood development, and is In the year 1999 the scheme was considered to be World’s largest named as Annai Therasa Ninaivu program. In Tamil Nadu, the marriage assistance scheme for Integrated Child Development orphan girls. The financial Services Scheme (ICDS) has 434 assistance was increased from Projects with 47,265 Children Rs.1000/- to Rs.20,000/- Centers and 3168 Mini centers, gradually under this scheme. totalling 50,433 centers  The objectives of the scheme are Cradle Baby Scheme: as follows:  The “Cradle Baby Scheme” was  To enhance the capability of the introduced in the year 1992 in the mother to look after the normal Salem district of Tamilnadu. This health and nutritional needs of scheme has been recognized all the child through proper nutrition over India and other countries. and health education. Under this scheme, cradles are a. To ensure Tamilnadu as a placed at locations like Hospitals, malnutrition free state, and to Primary Health Centers, provide the whole life cycle Orphanages and Children Homes nutrition security program, with a

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Empowerment of Women

focus on nutrition for the pregnant h. To reduce the incidence of and lactating mothers, infants, mortality, morbidity and children and adolescent girls malnutrition b. To improve the nutritional and  The beneficiaries under this health status of the children in the scheme are as follows: age group of 0 to 6 years a. Children under the age group of 0 c. To lay the foundation for to 72 months psychological, physical and social b. Adolescent girls development of the child to c. Pregnant women and lactating reduce the incidence of mortality, mothers morbidity and malnutrition d. Old age pensioners d. To enhance the capability of the mother to look after the normal  International agencies are health and nutritional needs of involved under this scheme the child through proper nutrition a. United Nations International and health education. children’ Emergency fund e. To ensure Tamilnadu as a (UNICEF) malnutrition free state, and to b. Cooperative of assistance and provide the whole life cycle relief everywhere (CARE) nutrition security program, with a  World food program (WFP) focus on nutrition for the pregnant Awards Women and Children Sree and lactating mothers, infants, Shakti Puraskars: children and adolescent girls  on International Women’s Day f. To improve the nutritional and 8th of March, the Government of health status of the children in the India presents this award age group of 0 to 6 years  to individual women in the field of g. To lay the foundation for social development psychological, physical and social  6 awards given, in the name of development of the child following eminent women from Indian history

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Empowerment of Women

Devi Ahilya Bai Queen of the Maratha ruled Malwa kingdom, India. Second Holkar half of 1700s.

Kannagi  Kannagi is the central character of the South Indian epic Silapathikaram (100-300 CE).

 King of Madurai had got her husband killed for false accusation of theft.

 She took revenge by burning the Madurai city with a curse.

 Now Worshipped as Goddess. Mata Jijabai Shivaji’s mother.

Rani Gaidenlou  Naga woman leader.

Zeliang  Ran movement against Brithshers in Manipur.

 Nehru called her Rani of Nagas.

Rani Laxmibai  Lord Dalhousie took away her kingdom under Doctrine of Lapse.

 Fought and died in the Mutiny of 1857.

Rani Rudramma  Queen of Kakatiya dynasty in the Deccan Plateau

Devi  Second half of 1200s.

Award Children Related National Child award for exceptional given to children aged between 4 to 15 years achievement for outstanding achievement in various fields including academics, arts, culture, sports etc.

 given to 3 individuals Rajiv Gandhi Manav Seva Award  for outstanding contribution to child development / welfare / protection First Women in India:

 1848: Jyotirao Phule, along with his Savitribai Phule became the first wife Savitribai Phule, opened a woman teacher in India. school for girls in Pune, India.  1879: John Elliot Drinkwater Bethune established the Bethune Page 10

Empowerment of Women

School in 1849, which developed be awarded the Kaisar-i-Hind into the Bethune College in 1879, Medal by the British Raj. thus becoming the first women's college in India.  1925: Sarojini Naidu became the first Indian born female president of the Indian National Congress.  1883: Chandramukhi Basu and

Kadambini Ganguly became the  1927: The All India Women's first female graduates of India Conference was founded. and the British Empire.

 1944: Asima Chatterjee became  1886: Kadambini Ganguly and the first Indian woman to be Anandi Gopal Joshi became the conferred the Doctorate of first women from India to be Science by an Indian university. trained in Western medicine.

 1947: On 15 August 1947,  1916: The first women's following independence, Sarojini university, SNDT Women's Naidu became the governor of University, was founded on 2 the United Provinces, and in the June 1916 by the social process became India's first reformer Dhondo Keshav woman governor. Karve with just five students.

 1951: Prem Mathur of the  1917: Annie Besant became the Deccan Airways becomes the first female president of first Indian woman commercial the Indian National Congress. pilot.

 1919: For her distinguished social  1953: Vijaya Lakshmi Pandit service, Pandita Ramabai became the first woman (and first became the first Indian woman to Indian) president of the United Nations General Assembly

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Empowerment of Women

 1959: Anna Chandy becomes the  1984: On 23 May, Bachendri first Indian woman judge of a High Pal became the first Indian woman Court (Kerala High Court) to climb Mount Everest.

 1963: Sucheta Kriplani became  1989: Justice M. Fathima the Chief Minister of Uttar Pradesh, Beevi becomes the first woman the first woman to hold that position judge of the Supreme Court of in any Indian state. India.

 1966: Captain Durga Banerjee  1997: Kalpana Chawla becomes becomes the first Indian woman the first India-born woman to go into pilot of the state airline, Indian Airlines. space.

 1966: Kamaladevi Chattopadhyay  1992: Priya Jhingan becomes the wins Ramon Magsaysay award for first lady cadet to join the Indian community leadership. Army (later commissioned on 6

March 1993)  1966: Indira Gandhi becomes the

first woman Prime Minister of India  1994: Harita Kaur Deol becomes

the first Indian woman pilot in the  1970: Kamaljit Sandhu becomes Indian Air Force (IAF), on a solo the first Indian woman to win a Gold flight. in the Asian Games

 2000: Karnam Malleswari became  1972: Kiran Bedi becomes the first the first Indian woman to win an female recruit to join the Indian Olympic medal (bronze medal in Police Service. the 2000 Summer Olympics at

Sydney).  1979: Mother Teresa wins the

Nobel Peace Prize, becoming the first Indian female citizen to do so.

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Empowerment of Women

 2002: Lakshmi Sahgal became the  This Act was introduced and first Indian woman to run for the taken up by then Indlaw post of President of India. minister Ashoke Kumar Sen,  Domestic Violence Act  2004: Punita Arora became the first (2005/2006) woman in the Indian Army to don  For the purpose of this act, the highest rank of Lieutenant Domestic Violence includes the General. demand for dowry:  For the purposes of this Act, any  2007: Pratibha Patil becomes the act, omission or commission or first woman President of India. conduct of the respondent shall constitute domestic violence in  2009: Meira Kumar became the first case it – woman Speaker of Lok Sabha, the  harms or injures or endangers lower house in Indian Parliament. the health, safety, life, limb or well-being, whether mental or Social Injustice to Women: physical, of the aggrieved person Dowry or tends to do so and includes  It is a gift / payment made by the causing physical abuse, sexual brides family to the groom at the abuse, verbal and emotional time of marriage. abuse and economic abuse; or  (b) harasses, harms, injures or Ill Effects endangers the aggrieved person  Female Infanticide with a view to coerce her or any  Low esteem of women other person related to her to  Girls married to old men meet any unlawful demand for  Affects morale & strength of any dowry or other property or women valuable security; or  (c) has the effect of threatening Measures the aggrieved person or any  Dowry prohibition Act - 1961 person related to her by any

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Empowerment of Women

conduct mentioned in clause (a) The Committee submitted its or clause (b); or(d) otherwise report on January 23, 2013. injures or causes harm, whether physical or mental, to the  Electoral reforms: The aggrieved person. Committee recommended the  This act empowered the lower amendment of the Representation courts to issue "protection orders" of People Act, 1951. Currently, on the complaint of a woman the Act provides for disqualification against her male relatives. The of candidates for crimes related to protection orders could include terrorism, untouchability, restraining orders on the husband secularism, fairness of elections, and others, monetary sati and dowry. The Committee compensation, and residence was of the opinion that filing of orders. charge sheet and cognizance by  Though it is a civil remedy, the Court was sufficient for violation of protection orders disqualification of a candidate result in criminal penalties under the Act. It further (including imprisonment). recommended that candidates  Section should be disqualified for o IPC 304B committing sexual offences. o IPC 406  Education reforms: The o IPC 498A Committee has recommended that children’s experiences should not Sexual Harassment be gendered. It has  Justice Verma Committee was recommended that sexuality constituted to recommend education should be imparted to amendments to the Criminal Law children. Adult literacy programs so as to provide for quicker trial are necessary for gender and enhanced punishment for empowerment. criminals accused of committing sexual assault against women.  Female infanticide

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