INDIAN POLITY
Section 1 → Constitution + Union Territories + Citizenship + FRs + DPSP + FDs ▪ Features of Indian Constitution ▪ Union & its Territories – Formation of States in India ▪ Citizenship in India & Indian citizenship acts ▪ Fundamental Rights in India ▪ Directive Principle of State Policy (DPSP) ▪ Fundamental Duties – India Section 2 → The Union, President, Vice President, COM, AGI, CAG ▪ President: Qualification, Election, Powers, Removal ▪ Vice President: Qualification, Election, Removal, Emoluments ▪ Council Of Ministers
▪ Attorney General of India ▪ Comptroller & Auditor General of India (CAG) Section 3 → Indian Parliament – Rajya Sabha, Lok Sabha, Bills & Working procedure ▪ The Parliament – President, Rajya Sabha & Lok Sabha ▪ Speaker of Lok Sabha, Chairman of Rajya Sabha ▪ Bills in Parliament ▪ Budget, Funds, Expenditure & Grants in India ▪ Working Procedure of Parliament ▪ Commonly Used Terms in Parliament Section 4 → State legislature, State Executives, Supreme Court & High Court ▪ The State Executive – Governor, COM & Advocate General ▪ The State Legislature ▪ Supreme Court – India ▪ Jurisdiction & Powers of Supreme Court ▪ Writs in Indian Constitution ▪ Judicial Activism & Doctrines associated with Supreme Court ▪ High Courts – India Section 5 → Special Provisions States + Union Territories + Schedule & Tribal Areas + Local Governments ▪ Special Status of J & K ▪ Special Provisions for states (Article 371)
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▪ Union territories – India ▪ Scheduled & Tribal Areas (Article 244) ▪ Local Government System in India
Section 6 → Center-State Relations + Tribunals + Language + Emergency provisions + Anti-Deflection Law + Parliamentary Committees ▪ Center State Relations ▪ Civil Services in India ▪ Administrative Tribunals ▪ Official Language India ▪ Emergency Provisions in India ▪ Anti Defection Law, 1985 (10th Schedule) ▪ Parliamentary Committees
Features of Indian Constitution Indian Constitution “Sovereign, Socialist, Secular, Democratic Republic + Supreme law of the Nation + Written & lengthiest of the world”
12 Schedules of Indian Constitution Schedule Description
1 List of States & Union Territories
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2 Salaries
3 Oaths and affirmations
4 Allocate seats for each state of India in Rajya Sabha
5 Administration and control of scheduled areas and tribes
Provisions for administration of Tribal Area in Assam, Meghalaya, 6 Tripura, Mizoram
Gives allocation of powers and functions between Union & States. ▪ Union List (For central Govt) 100 Subjects. ▪ States List (Powers of State Govt) 61 subjects 7 ▪ Concurrent List (Both Union & States) 52 subjects
8 List of 22 languages of India recognized by Constitution
Reservation – Contains acts & orders related to land tenure, land tax, railways, industries. 9 {Right of property not a fundamental right now}
10 Anti-Deflection law
11 By 73rd amendment; Contains provisions of Panchayati Raj
12 By 74th amendment; Contains provisions of Municipal Corporation.
Framed By constituent assembly under chairmanship of Dr. Rajendra Prasad ; Drafted by Chief of Drafting Committee Dr. Ambedkar in 2 years, 11 months & 18 days Formally adopted on 26 Nov. 1949 & came into force on 26th Jan 1950 (Because on 26th Jan 1930, Declaration of Poorna swaraj was made by JLN)
Provisions in Indian constitution taken from foreign states Country Provision
Canada Quasi Federal with strong center compared to statesGovernors
UK Parliamentary form of Government, Rule of Law,
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Procedure established by law
Fundamental Rights USA Judicial Review Independent Judiciary Federal structure
USSR Fundamental Duties
Ireland Directive Principles of State Policy
Germany – Weimar Emergency Provisions
France Ideals of Liberty, Equality & Fraternity
Indian Constitution: Quasi Federal (Federal But Unitary) ▪ Rajya Sabha can make laws with respect to laws enumerated in state list in national interest by passing a resolution supported by 2/3 of the members present & voting ▪ Single citizenship for all (No dual citizenship with respect to central & state government) ▪ Common & Centralized Election commission for state gov. as well as parliament ▪ Only parliament has the power to amend constitution (States have their role only in matters affecting federal interest → In this case, Bill need to be ratified by legislatures of not less than half of states by simple majority – States special majority only in formation of new legislative council) ▪ Common Comptroller & Auditor General of India for union & state government ▪ Single, unified & hierarchical judiciary with same laws throughout the nation ▪ Central Rule over states in period of Emergencies ▪ Constitution does not protect territorial integrity of states → Parliament unilaterally can increase or alter boundaries or name of states. ▪ Common constitution throughout the nation Features of Federal Constitution (America) ▪ Dual Polity + Dual Government with clear separation of powers + No overruling by state or central government + Dual citizenship + Dual constitution ▪ Powers originating from constitution with supremacy of the constitution ▪ Independent & impartial judiciary with powers w.r.t constitution of state or of central government ▪ Written form + Rigid → requires joint act of central & state government to amend the constitution
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The Preamble ▪ A philosophy on which whole constitutional structure is based which cannot be enforced in court of law ▪ Not any source of any government power >> Do not place any limitations on organs of constitution (Executive, Judiciary & Legislature) ▪ Limited applications & can be resorted only when there is an ambiguity in provisions of the constitution ▪ Proclaims India to be Sovereign, Socialist, Secular, and Democratic Republic
Democratic → Justice + Liberty + Equality + Fraternity Berubari Case (1960) → SC Verdict: Preamble is not part of constitution hence cannot be amended Keshavnanda Bharti Case (1973) → SC Verdict: Overruled earlier decision & stated preamble is part of constitution & can be amended provided “Basic structure of constitution as demarcated in preamble is not destroyed” Union & its Territories – Formation of States in India Article 1 of Indian Constitution defines names & territories of nation >> Describes India as union of states (Not federation of states) Article 2: Admission & establishment of new states >> French settlement of Pondicherry & Portuguese settlement of Goa, Daman & Sikkim Article 3: Formation of new states & alteration of areas, boundaries & names of existing states (Power vested only in parliament) ▪ A bill regarding formation of new states / alteration of name or area of existing states is introduced in parliament only on the recommendation of president who shall refer it to state but is not bound to act upon states views. ▪ If the said bill is passed by both the houses by simple majority then after presidential assents it comes into action. ▪ In case of union territories, it is not even necessary for president to obtain views of legislatures of union territories. Formation of States in India On 26th Jan 1950, Constitution divided Indian states into four parts
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But before this division, Throughout India a constant demand to reorganize the states on linguistic basis arose, Hence constituent assembly formed Linguistic Province commission (LPC) to look into the matter (Headed by S.K. Dhar) – June, 1948 LPC headed by Dhar supported reorganization on the basis of administrative convenience rather than on Linguistic basis In Dec, 1948 a second LPC was formed to again verify the report given by Dhar & look into the matter again >>> Members (J.L. Nehru, Vallabh Bhai Patel & Pattabhi sitaramayya) >>> Gave the same report as given by Dhar, hence on 26th Jan, 1950 division took place as mentioned above.
Oct, 1953 >> Formation of 1st linguistic State, ANDHRA PRADESH
Cause: Death of Potti Sriramulu due to 56 days hunger strike for separation of Telegu speaking areas from Madras (Tamil speaking people)
States Reorganization Commission (SRC): Dec, 1953 ▪ Commission Members : Fazal Ali ( Chairman), H.N Kunzru, K.M Pannakar ▪ Abolition of 4 fold classification of states ▪ Recommended creation of 16 states & 3 centrally administered territories
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States Reorganization Act: 1956 (7th Amendment): Formation of 14 states and 6 union territories took place
Formation of States till 2014 An opening was through to make more states in India as per the needs of the situation, but only after the decision of parliament. This led to formation of a number of new states in India as shown below:
▪ Bombay reorganization act, 1960 : Formation of Gujrat ▪ State of Nagaland act, 1962 : Nagaland as separated state from Assam ▪ Punjab reorganization act, 1966 : Formation of Haryana ▪ New state of Himachal Pradesh act , 1970 ▪ North eastern reorganization act, 1971 : Formation of Manipur, Tripura, Meghalaya, Mizoram & Union territories of Arunachal Pradesh & Mizoram ▪ New state of Sikkim act , 1975 ▪ State of Arunachal Pradesh Act, State of Mizoram act 1986 : Formation of States of Mizoram & Ar. Pradesh ▪ State of Goa Act, 1987 ▪ P reorganization act, 2000 : Formation of Chhattisgarh ▪ P reorganization act, 2000 : Formation of Uttarakhand ▪ Bihar reorganization act, 2000 : Formation of Jharkhand ▪ Andhra Pradesh reorganization act, 2014 : Formation of Telangana
Pending demands for new states in India Formation of Telangana created a flame among other separatist movement for creation of new states. Given below are some of the pending demands for new states:
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Citizenship in India & Indian citizenship acts Fundamental Rights provided in Indian constitution are available to citizens of India only; some of the fundamental rights which are not enjoyed by a non-citizen of India are: ▪ Right to be discriminated on the basis of religion, race, sex, cast or birth of place ▪ Equal opportunities in public employment ▪ Right of six democratic freedoms (Article 19) + Cultural & educational rights
Only citizens of India have the right: ▪ To hold civil office ▪ Right to vote ▪ Right to be judges of courts Indian citizenship act, 1955 ▪ Indian constitution provides single citizenship to all irrespective of the states a person belongs to ▪ Constitution simply describes classes of people deemed to be citizens of India as on 26th Jan 1950 & leaves entire law of citizenship to be regulated by parliamentary laws
Parliament enacted Indian citizenship act, 1955 for acquisition & loss of Indian citizenship. Since its commencement it has been amended four times: ▪ The Citizenship (Amendment) Act , 1986. ▪ The Citizenship ( Amendment) Act, 1992. ▪ The Citizenship (Amendment) Act , 2003. ▪ The Citizenship (Amendment) Act, 2005.
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According to Indian citizenship act, 1955, Indian citizenship was extended to citizens of commonwealth countries but this law was repealed by amendment in 2003
Acquisition of Indian Citizenship as per Citizenship act, 1955 Citizenship by birth: Every person born in India on or after January 26, 1950, shall be a citizen of India by birth. Citizenship by descent: A person born outside India on or after January 26, 1950, shall be a citizen of India by descent if either of his parents is a citizen of India at the time of the person’s birth. Citizenship by registration: A person can acquire Indian citizenship by registering themselves before the prescribed authority, e.g. persons of Indian origin who are ordinarily resident in India and have been so for five years immediately before making the application for registration; persons who are married to citizens of India. Citizenship by naturalization: A foreigner can acquire Indian citizenship, on application for naturalisation to the Government of India. Citizenship by Incorporation of territory: If any new territory becomes a part of India, the Government of India shall specify the persons of that territory as citizens of India. Termination of Indian Citizenship ▪ Renunciation by Voluntary Act. ▪ After acquiring the citizenship of another country. ▪ Deprivation of citizenship by an order of the Government of India. Fundamental Rights in India Fundamental Rights (FRs) are known as cornerstone of Indian constitution & mentioned in Part 3 of the constitution. They prohibits unreasonable interference of the state & prevents its executive & legislature to become authoritarian, hence put due limitations of state power. Observance of fundamental duties is essential for having one’s FRs redressed in case of their violation. Fundamental Rights V/S Legal Rights ▪ Legal rights are protected & enforced by ordinary law of land whereas FRs are protected & guaranteed by written constitution ▪ In violation of legal rights, one can file suit in subordinate court or by writ application in High court whereas in violation of FRs one can directly approach Supreme court ▪ Legal rights can be changed by ordinary process of legislation whereas FRs cannot be amended without amending the constitution itself (i.e. by special majority) ▪ FRs provides protection only against state action not against a private individual except rights pertaining to abolition of untouchability & rights against exploitation FRs are not absolute but qualified rights >>> Subject to certain restrictions imposed by the state on the question of national security, interest & general welfare of the society >> But
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restrictions are checked by SC & HC”s, whether restrictions are reasonable or not on the grounds of: ▪ Advancement of SC’s & ST’s ▪ Sovereignty & integrity of India ▪ Security of India ▪ Friendly relations with foreign states ▪ In interest of general public morality & public order
FRs are justifiable & can be enforced in court of law but state may deny some of the FRs to a class of people For ex – Armed forces, Para-Military personnel, Police forces etc. for national security & integrity
Judicial Review & FRs ▪ Judicial review is the power of SC & HC only to declare a law unconstitutional & void if it is in inconsistent with any of the provision of constitution to the extent of inconsistency ▪ Judicial Review is power against both legislature as well as executives ▪ States do not make laws which abridges the rights mentioned in part 3 of the constitution & any law made in contravention of this clause shall be void to the extent of contraventions
Amendability of FRs SC verdict in Golaknath V/S state of Punjab (1967) >> FRs has been given transcendental position by constitution hence no authority functioning under constitution including parliament has the power to amend FRs In Keshavananda Bharati V/S state of Kerala, 1973, SC held that parliament has the power to amend any provision of the constitution including part 3, however parliament’s amending power subjects to “Basic structure of the constitution“
Rule of Law ▪ Constitution is supreme law of land & all laws passed by legislature must confirm to it ▪ No person is above law & all are subjected to ordinary law without any distinction of rank or position (Exception: President, Governor, Foreign diplomats & ambassadors) ▪ No person can be punished or made to suffer except for violation of law & any such violation must be looked by ordinary legal laws in courts ▪ Natural Justice >> No person can be judge in his own case; both sides must be heard, unbiased & impartial justice
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Six Fundamental Rights in India Article 14 – 18 Right to Equality
Article 19 – 22 Right to Freedom
Article 23 – 24 Right against Exploitation
Article 25 – 28 Right to Freedom of Religion
Article 29 – 30 Cultural & Education Rights
Article 32 – 35 Right to Constitutional Remedies
Right to Equality Article 14: Equality before law & equal protection of laws ▪ Equality before law (British origin) >> No man is above law irrespective of his rank or position ▪ Equal protection of law (US origin) >> Among equals, law should be equal & equally administered ▪ Exception: President, Governor, Ambassadors, Foreign diplomats
Article 15: Right against Discrimination ▪ No discrimination on the basis of cast, race, religion, sex or place of birth only ▪ No discrimination w.r.t access of shops, hotels & public places including bathing Ghats ▪ Empowers state to make special provisions for the advancement of SC & ST (including their admission in educational institutions >>> Public & private both) ▪ Empowers state to make special provisions for women & children
Article 16: Equality of opportunity ▪ No discrimination against employment under state office on grounds only of religion, sex, caste, descent, place of birth or residence >> Equality of opportunity to all citizens for employment under state office ▪ Exception 1: Article 16 Forbids discrimination on grounds of residence but if their is a good region to retain certain posts for residents only then parliament may by law regulates the extent by which it would be possible to depart from article 16
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▪ Exception 2: Reservation of employment for SCs & STs along with seats reserved in matter of promotion with consequential seniority >> Unfilled vacancies to be carry forward & not to lapse ▪ Person holding an office in connection with affairs of religious or denominated institutions shall profess the same religion or denomination
Article 17: Abolition of untouchability ▪ Untouchability offence act, 1955 prescribes punishment for practice of untouchability >> Act was further amended & renamed as civil rights protection act in 1976 ▪ Under civil rights protection act laws were made more stringent & enlarged to include “Insulting a member of SC on grounds of untouchability, Preaching or justifying untouchability on historical, philosophical or religious grounds”. ▪ 1 or 2 years imprisonment & disqualification for election to any legislature
Article 18: Abolition of titles ▪ Prohibits the state to confer titles to anyone citizen or non-citizen >> Exception : Military & Academic distinction ▪ Prohibits a citizen of India from accepting any titles from any foreign states ▪ A foreigner holding any office of profit or trust under the state is not to accept any titles from foreign states without consent of the president ▪ No person holding any office of profit or trust under the state is to accept any gift, emolument or office from foreign state without consent of the president
Right to Freedom Article 19: Right to 6 democratic freedoms Article 19-1-A: Freedom of speech & expression with no geographical limitations ▪ Right to express convictions or ideas by words, printing, picture, banners etc. ▪ Right to publish & propagate views of others ▪ Freedom of silence ▪ Right against tapping of telephonic conversation ▪ Freedom of press ▪ Right to know about government activities
Article 19-1-B: Freedom of Assembly Guarantees all citizens of India to right to assemble peacefully & without arms but subjected to following restrictions: ▪ Assembly must be peaceful ▪ Must be unarmed ▪ Further reasonable restrictions can be imposed www.pragnyaias.com 7288081111
Article 19-1-C: Freedom to form associations / Unions / Co-operative societies ▪ Guarantees all citizens of India (Except Armed forces, Police force, Military etc.) freedom to form associations or unions or co-operative societies but subjected to certain restrictions in interest of sovereignty & integrity of public & state ▪ Does not confer the right to strike or declare a lock out >> Means does not confer the right to bargain
Article 19-1-D: Freedom of Movement ▪ Right to move freely throughout India (Subjected to certain restrictions)
Article 19-1-E: Freedom of Residence ▪ Right to reside or settle in any part of the country temporary or permanent (Subjected to certain restrictions)
Article 19-1-G: Right to Trade & Occupation ▪ Right to practice any profession, trade or business subjected to certain restrictions (Professions requiring specific professional & technical qualifications)
Article 20: Protection in respect of conviction for offences Retrospective Criminal Legislation / Ex Post Facto ▪ No person shall be convicted of any offence except for “violation of law in force at the time of commission of act charged as offence, nor to be subjected to a penalty greater than that which might have been inflicted under law in force, at time of commission of offence”
Double Jeopardy ▪ No person shall be prosecuted & punished for the same offence more than once but only in respect of punishment inflicted by court of law or judicial tribunal ▪ Does not immunize person from proceedings not before court of law >> means can be punished under departmental proceedings for the same offence & then may be prosecuted in court of law >> Can also be inflicted for contempt of court along with criminal proceedings
Prohibition against self-incrimination ▪ No person accused of any offence shall be compelled to be witness against himself
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Article 21: Protection of Life & Personal Liberty ▪ No person shall be deprived of his life/personal liberty except acc. to procedure made by law ▪ Article 21 put limitation upon powers of executive as well as legislature & conferred to both citizen & non citizen Article 21 – A: Right to education (Added by 86th amendment) – Absolute right ▪ State shall pass free & compulsory education to all children of age 6 to 14 years ▪ Only elementary education not higher education
Article 22: Protection against arrest & detention ▪ No person who is arrested shall be detained in custody without being informed on which grounds ▪ Person arrested shall be brought before magistrate within 24 hours of arrest ▪ Without authority of magistrate no person shall be detained in custody more than said 24 hours ▪ Exception: Alien enemy & person arrested under preventive detention
Preventive detention (Detention without trial) ▪ Not to detain a person for what he has done but to intercept him before he does it & prevent him from doing it ▪ No offence is proved nor a charge is formulated but such a detention is purely on the basis of suspicion or reasonable probability of impending commission ▪ Max detention can be only for 3 months; for more than 3 months it must obtain a report from advisory board ( Advisory board shall examine the statements & papers from government & accused and will formulate whether detention is justified or not ▪ Accused must have the earliest opportunity of making representation against detention order ▪ Accused must be told grounds for his arrest except the facts which are against public interest to disclose ▪ Some of the Preventive detention acts enacted by parliament are NASA, TADA, COFEPOSA, PITNDPSA
Right against Exploitation Article 23: Prohibition of human trafficking & forced labor Article 24: Prohibition of employment of children in factories, mines or any other hazardous environment under 14 years of age (Absolute right)*
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Right to freedom of Religion Article 25: Freedom of conscience & free propagation, practice & profession of religion ▪ Absolute freedom of an individual to mold his relation with god in whatever manner he like ▪ Further state is empowered by law to regulate or restrict any economic, financial, political or other secular activity which may be associated with religion practice
Article 26: Freedom to manage religious affairs Subjects to public order, morality & health, every religious denomination shall have the following rights: ▪ To establish & maintain institutions for religious & charitable purposes ▪ To manage its own affairs in matters of religion ▪ To own & acquire movable or immovable property ▪ To administer such property in accordance with the law (Limited right >> Subjected to regulatory power of the state)
Article 27: Freedom from taxes for promotion of any particular religion Article 28: Freedom from attending religious instructions ▪ No religious instructions to be imparted in institutions wholly maintained by the state ▪ No restrictions on religious instructions in institutions established under any trust or endowment ▪ Religious instructions may be imparted in institutions recognized by the state or receiving funds aid from the state but an individual is not liable to attend such forcefully ▪ SC verdict on R. Bommai v/s Union of India >> Declared secularism at par with democracy & constitutes basic structure of the constitution which is beyond amending power of the parliament.
Cultural & Educational Rights Article 29: Protection of interest of minorities ▪ Minorities & everyone have right to conserve his culture, script & language and can establish educational institutions for the same ▪ No citizen can be denied admission to any educational institution maintained by the state or receiving aid out of state fund on grounds of religion, race, cast or language only (No place)
Article 30: Right of minorities to establish & administer educational institutions ▪ All minorities whether based on religion or language shall have the right to establish & administer educational institutions of their choice
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▪ States in granting aid to educational institutions shall not discriminate against any educational institution on grounds of management under minority (based on religion or language)
Right to constitutional Remedies ▪ Heart & soul of the constitution which makes supreme court a guarantor & protector of all FRs ▪ Guarantees an individual a right to move to supreme court by appropriate proceedings for enforcement of FRs conferred under part 3 of the constitution ▪ SC is endowed with power to issue directions, orders or writs, whichever is appropriate for enforcement of any of the rights conferred by part 3 of the constitution
FRs & Armed Forces ▪ Under article 33, parliament by law can restrict FRs available to member of armed forces or forces charged with maintenance of public order to oblige them to properly discharge their duty ▪ Any law made under article 33 by parliament cannot be challenged in court of law
FRs & Martial Law ▪ Article 34 put restrictions on FRs when martial law is in force ▪ Article 19 is automatically suspend ▪ Sentenced passed by highest officer as validated by martial law is supreme
FRs & Emergency Provisions Article 352 ▪ FRs under article 19 are suspended by president in case of national emergency on grounds of war or external aggression ▪ But only after when it is conveyed to president by parliament in writing passed by 2/3rd of members present & voting
Under article 359, President may also suspend the operations of other FRs in case of national emergency
44th amendment prohibits suspension of Article 20 (Protection w.r.t conviction of offences) & 21 (Protection of life & personal liberty) even during national emergency
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▪ President may by issuing a proclamation can restore FRs (Other than of article 19) which were suspended under article 359, even when national emergency is in force
Rights outside Part 3 of constitution Article 300 A ▪ No person shall be deprived of his property except by authority of law (No writ petition for this) ▪ Right to property was removed from Fundamental right & transferred to legal rights by 44th amendment
Article 326 ▪ Elections to the house of people & to legislative assemblies of the states should be on the basis of universal adult suffrage
Exception of 44th amendment for classes who still enjoy right to property ▪ If the property acquired belongs to an educational institution established & administered by minority, state must offer full market value as compensation ▪ If states seeks to acquire land cultivated by the owner himself & such land which does not exceed statuary ceiling, then state must offer full market value as compensation Directive Principle of State Policy (DPSP) Directive Principle of State Policy provides guidelines to central & state government in India, to be kept in mind while framing laws & policies & mentioned in part 4 of the constitution. ▪ DPSP + FR >> Conscience of Indian Constitution
Basic aim of DPSPs is to set up social & economic goals before the law makers ▪ To bring socio-economic change in the country ▪ To fulfill the basic needs of the common man ▪ To reshape the structure of Indian society in direction of greater socio-economic equality.
DPSPs are fundamentals in governance of the country & shall be considered dutifully by the state while making laws, but DPSPs are not enforceable in court of law ▪ If state fails to fulfill these obligations, one cannot go to court of law ▪ DPSPs only provides a yardstick for measuring success or failure of the government
Articles 36 to 51 deal with the provisions of the Directive Principles & are broadly classified into
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▪ Socialist principles ▪ Gandhian principles ▪ Liberal intellectual principles
Socialist Principles ▪ To secure a social order for the promotion of welfare of the people. ▪ To strive to minimise inequalities of income i.e. operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; ▪ ownership and control of the material resources of the community are so distributed as best to subserve the common good; ▪ Equal justice and free legal aid. ▪ Ownership and control of material resources of the community shall be so distributed so as to subserve the common good. ▪ Equal pay for equal work. ▪ Health & strength of workers, and the tender age of children must not be abused. ▪ Right to work, to education and to public assistance in certain cases. ▪ Provision of just and humane conditions for work and maternity relief. ▪ Participation of workers in the management of the industries. ▪ Duty of the State to raise the level of nutrition and the standard of living and to improve public health. ▪ Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
The Western Liberal Principles ▪ Uniform Civil Code for the citizens. ▪ Provide free and compulsory education for children below 14 years. ▪ Separation of Judiciary from Executive. ▪ To promote international peace and amity. ▪ Protection of monuments and places and objects of national importance ▪ Protection and improvement of environment and safeguarding of forests and wild life.
The Gandhian Principles ▪ Organization of Village Panchayats & to promote cottage industry. ▪ Promotion of educational and economic interests of the SCs, the STs and the other weaker sections of the society. ▪ To bring about the prohibition of intoxicating drinks and drugs that are injurious to health.
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▪ Organization of agriculture and animal husbandry on modern and scientific lines to prohibit the slaughter of cows, calves and other milch and draught animals.
97th Amendment: Promotion of cooperative societies
Directives in other parts of the Constitution (Except part IV) Article 350 A: It enjoins every State and every local authority within the State to provide adequate facilities for the instructions in the mother tongue at the primary stage to children of linguistic minority areas. Article 351: It enjoins the Union to promote the spread of Hindi Language so that it may serve as a medium of expression of all the elements of the composite culture of India. Article 335: It says that the claims of SC/ST shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with affairs of the Union or of a State. Under the implementation of DPSP, Zamindari, Jagirdari & inamdari systems were abolished & actual tillers of the soil were made owner of the land.
DPSPs v/s FRs FRs provide the foundation of DPSPs spell out the character of social & political democracy in India economic democracy in India
Lays down negative obligation / restriction on the state i.e. FRs are DPSPs are positive / moral obligations of prohibitive in nature state towards the citizens
FRs have been laid down in clear DPSPs are laid in general terms and are sort legal language in constitution of moral obligations
FRs represent something static i.e. to preserve certain rights which already DPSPs represents a dynamic move towards exist the betterment of the citizens
FRs are justifiable in nature & can be DPSPs are non-justifiable in nature & can not enforced in court of law be enforced in court of law What if laws made by state giving effect to DPSP’s violates FR, can they be valid? This question was raised before SC in 1951 in Champakam Dorairajan case ! ▪ SC held that they are supplementary to each other & no as such inherent conflict is between them, thus, as far as possible, should be interpreted harmoniously. However, if it
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is not possible, FRs will prevail over DPSPs means DPSPs can not override FRs, hence such a law is void. ▪ On this ground, SC held Bank nationalisation act & Privy purse (abolition) act unconstitutional
▪ In 1971, 25th amendment introduced a new article 31-c, which states that “if state enacts any law giving effect to two directive principles viz. Equitable distribution of wealth (article 39-b) & Prevention of concentration of wealth in fewer hands (article 39-c), & in that process if the law violates FRs (article 14, 19 & 31), it can not be held void merely on this ground. ▪ Article 31-c further states that such a law giving effect to 39 – b & 39 – c, can not be questioned in court of law.
▪ 25th amendment was challenged in Kesavananda Bharati case (1973), in which SC held that only first part of the article 31-c (overriding article 14, 19 & 31) is valid, but second part which bars judicial review held unconstitutional. ▪ 42nd amendment, 1976 further amended article 31-c & widened its scope & gave precedence for all DPSPs over article 14, 19 & 31 & hence made them immune to judicial review. ▪ Minerva Mills case, 1980: SC struck down the changes introduced by 42nd amendment in article 31-c & held them unconstitutional on grounds that total exclusion of judicial review would offend the basic structure of the constitution. Presently, only article 39-b & 39-c can be given precedence over articles 14 & 19 Fundamental Duties – India Fundamental Duties were added to Indian constitution by 42nd amendment in 1976 on recommendations of Swarn singh committee Initially 10 Fundamental Duties were added under article 51 A in part 4 – A through 42 amendment, Later via 86th amendment 11th Fundamental Duty was added in 2002 Fundamental Duties are basically statuary duties & are enforceable by law (Means violation of these duties can be met with punishment as prescribed by legislature of India) a) To abide by the Constitution and respect the National Flag and the National Anthem; b) to cherish and follow the noble ideals which inspired our national struggle for freedom; c) to uphold and protect the sovereignty, unity and integrity of India; d ) to defend the country and render national service when called upon to do so; e ) to promote harmony and the spirit of common brotherhood amongst all people of India, transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women; f ) to value and preserve the rich heritage of our composite culture;
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g ) to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures; h ) to develop the scientific temper, humanism and the spirit of inquiry and reform; i ) to safeguard public property and to abjure violence; j ) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of Endeavour and achievement.“ k ) to provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be. An analysis of the above duties reveals that they are applicable only to citizens and not to the aliens & expected that a citizen of India while enjoying fundamental rights, should also perform these duties. Although there is no provision in the constitution for direct enforcement of any of these duties, yet, the courts are guided by these duties while interpreting various laws ▪ Addition of Fundamental Duties along with exceptions to FR’s limits the operation & free enjoyment of FR’s ▪ Some of the duties are very difficult to comprehend & also do not appear to be capable of legal enforcement but only best regarded as directory to Indian citizens Section 2 → The Union, President, Vice President, COM, AGI, CAG President: Qualification, Election, Powers, Removal President ▪ Elected for 5 year term & eligible for re-election ▪ Executive head of India & all the executive powers of the union shall be vested in him ▪ Supreme commander of the arm forces ▪ 1st citizen of India & occupies 1st position under warrant of precedence
Executive powers vested in president shall be exercise on advice of COM responsible to the parliament, however, 42nd amendment made it obligatory for the president to accept advice of COM
Election of President: Article 54 The President of India is elected indirectly by the Electoral College according to secret ballot by the system of proportional representation through single transferable vote.The President of India is elected by an electoral college consisting of: ▪ Elected members of the two Houses of Parliament and Legislative Assemblies of the States ▪ States includes national capital territory of Delhi and the Union territory of Pondicherry.
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Do Not Participate ▪ Nominated members of both the houses of the parliament & of state legislative assemblies ▪ All the members of legislative council of states There shall be uniformity in the scale of representation of the different states at the election of the President as follows: ▪ Value of vote of an MLA of a state: (Population of state / Total number of elected members of state legislative assembly) * 100 ▪ Value of vote of an MP: (Total value of votes of MLA’s of all states/ Total number of elected members parliament) * 100 ▪ Hence, value of vote of MLA of UP is highest & value of vote of MLA of Sikkim is lowest ▪ By 42nd amendment, census of 1971 was to be followed till 1st census after 2000, but in 2000, Union cabinet extended the same till 1st census after 2026 by 81st amendment 2001
For a candidate to be President, one must fulfill electoral quota Electoral Quota: (Total number of valid votes polled / 2) + 1 ▪ Candidate with last position gets eliminated & 2nd preference of all ballots, who ranked eliminated candidate 1st, is added to all accordingly. This process is followed till someone fulfill electoral quota ▪ Dispute regarding election of president (Article 71) or vice president is inquired & decided by supreme court whose decision is final ▪ Article 71 further states that no such disputes can be raised on the grounds of any vacancy in electoral college
Article 58 → Qualification for election of President ▪ Must be citizen of India ▪ Must be of 35 yrs of age ▪ Must be qualified for election for member of house of the people (LS) ▪ Must not hold any office of profit under Gov. of India or Gov. of any state or any local or other authority
Following persons shall not be deemed to hold any office of profit, hence are qualified for being a candidate for presidential election: ▪ President ▪ Vice President ▪ Governor of any state ▪ MP / MLA
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▪ Nomination of a candidate for election to the office of President must be subscribed by atleast 50 electors as proposers & 50 electors as seconders ▪ Every candidate has to make a security deposit of Rs. 15000 in RBI, liable to be forfeited in case candidate fails to secure 1/6th of the votes polled
Conditions to Presidential Office ▪ Shall not be member of any house of the parliament or state legislature & if he is, then must vacate the seat ▪ Shall not held any other office of profit ▪ Parliament law 2008 : Pay of Rs. 1,50,000 monthly & official residence without pay ▪ Pension of 9 lakhs / annum
Immunities to the President ▪ Personal immunity from legal liabilities for his official acts ▪ Immune from any criminal proceeding during his terms of office means can not be imprisoned or arrested , However, civil proceedings can be instituted in his term of office w.r.t his personal acts, giving 2 months of notice prior to the proceedings
Oath by President (Article 60) ▪ President takes oath in presence of chief justice of Supreme Court “ To preserve, protect & defend the constitution & law”
Terms of office of President (Article 56) ▪ President shall hold the office for terms of 5 years from the date he enters upon his office. Even after expiry of his terms, he shall continue in office untill his successor enters upon his office ▪ May resign his office before the expiry of his normal terms of 5 years by writing to the vice president
Article 61 (Impeachment of the President) Power of impeachment of president lies in parliament only for violation of the constitution & can be removed from his office before the period of 5 years (Quasi-judicial process) ▪ Impeachment resolution can be initiated in any house of the parliament ▪ Resolution initiated must be signed by 1/4th of the candidate of the initiating house ▪ Before the resolution is passed , a 14 days’ notice must be given to the president ▪ Such a resolution must be passed by majority of not less than 2/3rd of total membership of the initiating house
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▪ Then the other house of the parliament also called investigating house investigates the charges by itself ▪ President has the right to appear & to be represented at such investigation to defend himself ▪ If as a result of investigation, other house also passes a resolution supported by not less than 2/3rd of total membership of the house, President stands removed from his office, from the date investigating house passed the resolution ▪ Other than impeachment, no other penalty can be imposed on the president for violation of the constitution Process of impeachment of President is deficient on following accounts: ▪ Term ‘violation of constitution is very vague term & has not been defined anywhere in the constitution’ ▪ Elected members of legislative assemblies have no role to play in impeachment proceeding while they have a role in election of the president ▪ Nominated members of parliament have the right to deliberate & vote when the resolution of impeachment is under consideration while they have no vote in election of president ▪ Procedure & authority to investigate the charges against president have not been specified nor any definite time period has been specified
Vacancy in President’s Rule ▪ In case, office of president falls vacant due to death, resignation or removal of President, Then Vice president or in his absence Chief justice of India or in his absence Senior most judge of SC becomes the president until next elections are held & new president assumes the office ▪ President’s office can remain vacant for max. of 6 months ▪ If president is not able to discharge his duties due to sickness or absence or due to any other reason than the vice president discharges the functions of President (VP is entitled to the same allowances & privileges of President during this period)
Article 53: Executive powers of the union shall be vested in president & shall be exercised by him either directly or indirectly or through officers subordinate to him, But always in accordance with the constitution Executive powers → Powers of carry out administration of affairs of the state, except functions of legislature & judiciary
Administrative Powers of president Powers to appoint ▪ Prime minister of India ▪ Attorney General of India www.pragnyaias.com 7288081111
▪ Comptroller & Auditor general of India ▪ Judges of Supreme Court & High court ▪ Governor of the states ▪ Finance commissioner & its members ▪ Members of UPSC & Joint commissions for group of states ▪ Chief election commissioner & its members ▪ Chairman & members of SC & ST of commissions
▪ In fact every appointment of union government is made in the name of president or under his authority. ▪ He directly administers the Union territories through administration appointed by him ▪ President can declare any area as scheduled area & has powers w.r.t administration of schedule areas & Tribal areas.
Power to remove ▪ His ministers’ individually ▪ Attorney general of India ▪ Governor of the state ▪ Chairman of UPSC or state administration on report of SC ▪ Judges of SC or HC ▪ Chief election commissioner ▪ Comptroller & auditor general of India ▪ Finance commissioner (Removal mainly based on the address of the parliament)
Legislative Powers ▪ Summons the houses of parliament atleast twice a year, Prorogue either house & can dissolve Lok sabha ▪ Nominates 12 members of Rajya Sabha & may nominate 2 representatives of Anglo Indian community to Lok Sabha ▪ May address either house seperately or jointly or can send messages to them. At the commencement of 1st session of parliament annually, President delivers an address corresponding to queens speech from the throne in British parliament ▪ Every bill passed by parliament must receive presidential assent before it can become an act. President may give his assent or withhold or return it for reconsideration along with his own suggestions ( Except money bill and constitutional amendment bill) ▪ But if the bill is passed again with or without the amendments President is bound to give his assents to it
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President makes certain reports & statements to be laid before parliament as stated below: ▪ Annual financial statement (Budget) & supplementary statement ▪ Auditor General Report relating to accounts of government of India ▪ Recommendation made by finance commission ▪ Report of UPSC, explaining the reasons where any advice of the commission has not been accepted ▪ Report of National commission for SCs & STs ▪ Report of special officers for linguistic minorities
Certain bills (Bill for formation of new states or alteration of boundaries of states, money bill, financial) needs presidential recommendations for introduction in parliament
Veto powers of the President Absolute Veto: Power of president to withhold his assent to a bill passed in parliament. The bill then ends & does not become an act. If before passing assent to a bill, ministry resigns & a new COM is formed, then on its advice President can use his veto powers against the bill . (In 1954, Rajendra prasad withheld his assent to PEPSU appropriation bill)
Suspensive Veto: Power of president to return a bill passed in parliament for reconsideration (except money Bill)
Pocket Veto: No time frame for President to give his assent or refuse i.e. pocket a bill for infinite times (Not for constitutional amendment bill as 24th amendment 1971, made it obligatory for the president to give his assent to constitutional amendment bill
Ordinance making powers of the President Ordinances – interim or temporary legislation laws → President can issue ordinances only on subjects’ parliament can legislate or make laws with same limitations as of parliament President promulgate ordinances (authoritive order) under article 123 mainly when either or both the houses of parliament are not in session & immediate action is needed A Presidential ordinance has same force & effect as an act of parliament. However, it must be laid down before both the houses of the parliament & must be approved by both the houses within 6 weeks from re-assembly of houses. Failure to comply with this condition or parliamentary disapproval within 6 weeks period will make ordinance invalid
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Judicial Powers (Basically Pardoning Powers) ▪ Where the punishment or sentence is by court martial ▪ Where the punishment is for offence against union law ▪ In all cases where sentence is death sentence “Only authority for pardoning a death sentence”
Pardon: Can rescinds both conviction & sentence + can absolve the offender from all offences & disqualification Reprieve: Can make stay of execution of a sentence (esp. of death) for pardon or commutation Remission: To reduce amount of sentence without changing its character (ex. 6 months for 1 yr) Respite: Awarding a lesser sentence instead of a prescribed penalty in view of special facts (ex. in case of pregnant women offender) Commutation: Substitutes one form of punishment for another or lighter character
Emergency Powers National Emergency → Article 352 → On grounds of threat to security of India or any part of it , By war, external aggression or armed rebellion Presidential Rule → Article 356 → Proclamation for taking over the administration of a state, when state government can not carry out administration in state in accordance with provisions of the constitution Financial Emergency → Article 360 → When financial stability of credit of India or any part thereof is threatened “Any proclamation under the emergency powers of the president, in order to be in operation beyond a certain period, should be approved by parliament within the period so specified by parliament”
Financial Powers ▪ It is only on the permission of president that annual financial statement (Budget) is laid down before the parliament ▪ Recommends the introduction of money bill & financial bill in parliament ▪ Constitutes finance commission after every five years ▪ Controls contingency fund for unforeseen expenses like flood, drought, war etc. ▪ Places report of CAG before parliament & recommendations of Finance commission
Military Powers ▪ Supreme commander of armed forces
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▪ Has power to declare war & peace ▪ But, His military powers are subjected to the regulations of law, therefore, parliament has the real power to regulate or control the exercise of such powers
Diplomatic Powers ▪ Sends & receive ambassadors & other diplomatic representatives ▪ All treaties & international agreements are negotiated & amended in the name of president, though subjected to ratification by parliament
President’s Position ▪ Whenever constitution requires the satisfaction of the president, it is not his personal satisfaction, but is the satisfaction of COMs ▪ It is obligatory for the president to always have a C.O.M ▪ Even after dissolution of lower house (Lok Sabha) of parliament, COMis in existence to aid & advice the president in exercise of his executive powers ▪ If he ignores the advice of COMs or acts contrary to advice of COMs, he can be impeached for violation of constitution
42nd amendment, 1976 →Amended article 74 & made advice of COMs binding for the president 44th amendment 1978 → Further amended 74th article that President may require COMs to reconsider an advice, but is bound to act after reconsideration Though president is not connected with decision making power of the cabinet, yet article 78 A, casts on PM to keep President informed of all cabinet decisions, concerning administration of affairs of the union & proposal for legislation.Under some circumstances, president has to act as per his own wisdom, sense of justice & discretion: ▪ Appointment of PM, under situation when no single political party commands clear majority support of lok sabha ▪ Appointing a PM in case of vacancy due to sudden death & availability of no acknowledged leader, due to inability of legislature party to do so and absence of settled seniority among cabinet members; name of PM is proposed from outside ▪ Dissolution of Lok sabha on advice of COMs which has lost the support of majority members of lok sabha or against whom a motion of no confidence has been passed ▪ Dismissing ministries, in case COMs has lost the confidence of lower house of the parliament but still refuses to resign Vice President: Qualification, Election, Removal, Emoluments Vice President ▪ Appointed for 5 years
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▪ Ex- officio chairman of council of states (Rajya Sabha) ▪ 2nd highest dignitary of India, occupying 2nd place in warrant of precedence ▪ Presides over the proceedings of Rajya sabha.
Whenever vacancy occurs in the office of President or President is unable to discharge his duties, Vice President acts as president of India & ceases to perform duties as chairman of Rajya Sabha (During this period, he is entitled to all emoluments & incentives of President)
Qualification for Vice President ▪ Must be citizen of India ▪ Must be 35 years of age ▪ Must not held any office of profit ▪ Qualified to be elected as a member of Rajya Sabha Can not be a member of either house of the parliament or state legislature & if a member of parliament or state legislature is elected as Vice President, he ceases to be member of parliament of state legislature from the date he enters upon his office of VP ▪ Nomination of a candidate for election to the office of VP must be subscribed by atleast 20 electors as proposers & 20 electors as seconders. ▪ Every candidate has to make security deposit of Rs. 15000 to RBI, stands forfeited if failed to get 1/6th of the votes polled
VP holds office for 5 years, but if his successor is unable to enter the office, he continues to hold his office beyond the stated period of 5 years until his successor enters upon his office (But election is to be held no later than 60 days of expiry of the term of office of outgoing VP)
Election of Vice President ▪ Elected indirectly by Electoral College, consisting of all members of parliament (Both elected & nominated) → (State government do not participate in VPs election) ▪ Election is held in accordance with system of proportional representation by means of single transferrable vote & voting via secret ballot. ▪ Supreme Court has final & exclusive jurisdiction for resolving disputes & doubts relating to election of Vice President
Oath – Vice President VP takes oath in presence of President, “to bear true faith & allegiance to constitution of India & to faithfully discharge duties of his office”
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Removal of Vice President ▪ VP can be removed from his office by a resolution raised only in Rajya sabha, passed by effective majority e. Greater than 50% of (Total membership – Vacancy) & agreed upon by simple majority i.e. greater than 50 % of total voting members, of the Lok sabha. ▪ Prior to passing the resolution in Rajya sabha, a 14 days’ notice should be served to him ▪ A formal impeachment is not required for his removal as in case of President Emoluments ▪ Rent free accommodation from Government ▪ Annual salary of Rs. 1,25,000 & pension of Rs. 7.5 Lakhs / Annum ▪ When acts as President, he gets all the allowances, powers, immunities & salary of President Council Of Ministers Council of Ministers consists of “Cabinet ministers + Minister of States (Independent charge) + Deputy Minister (Minister of state)” Points to Ponder ▪ PM is appointed by President & on PM’s advice COMs (President has to accept PM’s choice) ▪ Strength of COMs is not fixed, but depends on PM but shall not increase 15% of total strength of the Lok sabha as per 91st amendment ▪ A COM must be a minister of either of the house of parliament. If a person who is not a member of either house of the parliament, is appointed as minister, he shall cease to be a minister after 6 months, unless, he manages to get elected to either of the 2 houses ▪ Ministers are required to take oath of secrecy administered by President ▪ A COM may be chosen from either house of the Parliament. A COM who is member of one house, has the right to speak in & take part in proceedings of other house without any right to vote if he is not the member of that house ▪ Constitution does not classify members of COM into different ranks, but is done informally following British practice
Cabinet ▪ An informal body of senior ministers who forms the inner circle. It is the cabinet, which meets as & when summoned by PM, for taking important decision of the government. ▪ Cabinet is the real policy making body of COM ▪ A cabinet minister always heads a ministry & is given independent charge of it, unless he is appointed as a minister without portfolio ▪ Generally assisted by minister of state (but not bound constitutionally) or a deputy minister or both
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▪ A cabinet minister attends meetings of cabinet on his own right ▪ A minister of state is given an independent charge but generally assist a cabinet minister in running the ministry ▪ A minister of state can not attend meeting of cabinet on his own right but can attend if invited. He is normally invited when given independent charge of a ministry ▪ A deputy minister is a junior member of the COM. He always functions under a cabinet minister or minister of state. He does not attend a cabinet meeting
Original constitution did not specifically mention the word cabinet anywhere. It was through 44th amendment, 1978 word cabinet was used under article 352. But it is not defined anywhere & is based on understanding & conventions of Britain All members of COM are not member of cabinet. Its composition is flexible. It is for PM to determine from time to time the composition of cabinet, though due to relative importance of certain departments, their ministers are invariably its members Cabinet is central directing instrument of government in legislation as well as administration. It is cabinet which controls parliaments & governs the country. Primary function of cabinet is to formulate policies of government for the good governance of the country, have it accepted by the legislature & carry on executive function of the state as per the constitution & laws
Principle of collective responsibility ▪ Basic principle of parliamentary or cabinet form of government is principle of collective responsibility. ▪ COMs is collectively responsible to lok sabha for the policies & decisions of the government, even though a decision taken may pertain to a single ministry ▪ Individual ministers may have differences among themselves on certain issues, but once a decision is taken by the cabinet, it becomes joint decision of COMs. If a minister does not agree with the decision of cabinet, he has no option but to resign from COMs . He can not disapprove a decision of the cabinet & at the same time remain as a member of COMs ▪ If a decision of a particular ministry on a political matter is defeated in Lok sabha, it is not the ministry who resigns, but the whole COMs resigns, But if a minister has implemented a decision without the approval of cabinet & it is defeated in Lok sabha, minister concerned only has to resign, not the whole cabinet
All ministers are individually responsible to the President. Ministers hold office during the pleasure of the President & can be removed from COMs by the President at any time but only on the advice of PM. Hence, this power is mainly exercised by the PM PM (1st among equals) is keystone in cabinet arch which means if he resigns or dies, whole COMs goes out with him or COMs does not exist without the PM
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PM acts as a connecting link b/w cabinet & President in communicating all decisions of COMs & administrative or legislative affairs to the President He is leader of majority party in Lok sabha & the main link b/w cabinet & parliament, acts as government chief spokesperson in Parliament
President enjoys the right to information of affairs of the state & holds: ▪ Right to be consulted ▪ Right to encourage ▪ Right to warn Attorney General of India “1st law officer of GOI & its chief legal advisory & primary lawyer in SC” ▪ Appointed by President ▪ Must be qualified to be appointed as a judge of SC ▪ Holds office during the pleasure of the President & can be removed by him anytime. Conventionally he resigns when COMs resign or is replaced as he is appointed on their advice ▪ Not a member of cabinet, Does not have any executive authority & is not a political appointee
Points to Ponder ▪ Can not defend an accused in criminal proceedings or accept directorship of any company without the permission of the government ▪ Assisted by 2 solicitor generals (appointed for 3 yrs) & 4 additional solicitor generals (appointed for 3 yrs), eligible for re-appointment, for a further term not exceeding three years. ▪ To be consulted only in legal matters , only after ministry of law has been consulted Duties of Attorney General ▪ To give advice to GOI on legal matters ▪ To perform other legal duties assigned to him by the president ▪ To discharge function assigned to him by constitution or other legal laws ▪ Enjoys the right of audience in all the courts of India ▪ Entitled to take part in proceedings of the parliament & can be a member of parliamentary committees but does not have a right to vote in parliament ▪ Allowed to take up private practice, provided other party is not the state. Because of this he is not paid salary but a retainer (to be determined by the President) Equivalent to salary of a Judge of SC
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Difference between Attorney General & Solicitor General: ▪ Solicitor General is subordinate to the Attorney General of India and works under him. ▪ The Solicitor General for India is the second law officer of the country, assists the Attorney General ▪ Unlike the post of Attorney General of India, which is a Constitutional post under Article 76 of the Constitution of India, the posts of the Solicitor General and the Additional Solicitors General are merely statutory. Comptroller & Auditor General of India (CAG) Appointed by President, nominated by PM of India + Office term – 6 years or upto 65 yrs of age + Salary – 90,000 / month & can be removed by the President on the same grounds & manner as a judge of SC. Duties & Function ▪ He is the chief Guardian of Public purse & head of Indian audit & account department ▪ Audits accounts of Union & states to ensure nothing is spent out of consolidated fund of India or of the state without the sanction of the parliament or respective state legislature ▪ Audits government owned companies (51% stake of Gov.) as an external auditor ▪ Reports of CAG are taken into consideration by public accounts committee (PAC)
Public accounts committee (PAC) ▪ A committee of not more than 22 members (LS → 15 & RS → 7) ▪ formed every year in parliament & state legislature ▪ No member of PAC should be from COM) ▪ Chairman of PAC is appointed by speaker of Lok sabha & is generally from opposition party
Independence of office of CAG Gets security of tenure as though appointed by President, CAG may be removed from his office only on the grounds of proved misbehavior or incapacity only in a manner as a judge of SC is removed (i.e. each house of parliament is passing a resolution supported by not less than 2/3rd of the members present & voting ) ▪ Salary & conditions of his service can not be changed except under financial emergency ▪ His salary is charged from consolidated fund of India & is not subjected to vote of parliament (paid salary equivalent to Judge of SC) & is eligible for annual pension ▪ In other matters, his conditions of service shall be determined by rules applicable to an IAS officer, holding a rank of secretary to GOI ▪ After retirement, he is disqualified for appointment under union or state government.
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Section 3 → Indian Parliament – Rajya Sabha, Lok Sabha, Bills & Working procedure The Parliament – President, Rajya Sabha & Lok Sabha
▪ President Indian ▪ Council of states (Rajya Sabha) Parliament ▪ House of the people (Lok Sabha)
▪ Though President is not the member of either house of the parliament, he is an integral part of it. ▪ Principle function of Parliament is to legislate i.e. to make laws on all subjects enumerated in Union and Concurrent list (also on residuary subjects) & in some cases on state list subjects for the benefit of the country ▪ COM as a body is responsible to parliament for general affairs of the government. ▪ As a result, a vote of no confidence against any one minister is tantamount to vote of no confidence against whole COM ▪ Lack of parliamentary confidence in the government may be expressed by house of the people by -
▪ Passing motion of no confidence in COM ▪ Passing a censure motion ▪ Passing an adjournment motion ▪ Defeating the government on financial measures
Rajya Sabha ▪ VP is ex-officio chairman of Rajya Sabha ▪ Total membership is 250. ▪ 238 members elected as representative of state & UTs ▪ 12 members nominated by president (Veterans from art, science, literature & social services)
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▪ There is no difference b/w elected & nominated members except only elected members can participate in elections of President ▪ Office term for RS is 6 years with 1/3rd of members retiring every 2 years ▪ RS members are elected by legislative assembly of states & UTs by means of single transferable vote through proportional representation (Based on population) ▪ Only 4 members are elected from UTs ▪ 3 from Delhi ▪ 1 from Pondicherry ▪ No seat is reserved for SCs & STs ▪ Retired members of RS are eligible for re-election & re-nomination ▪ RS meets in continuous sessions & is not subjected to dissolution ▪ Salary & other benefits are same as Lok sabha ▪ RS have equal footings in all the areas of legislation compared to Lok sabha except in area of supply, where Lok sabha has overriding powers
Qualifications ▪ Must be citizen of India & have attained 30 years of age ▪ Must be a registered voter in parliamentary constituency in any of the state ▪ Subscribe before election commission an oath, as prescribed by 3rd schedule
▪ 11 am – 12 ▪ Q & A hour Working Hours ▪ 1st hour of working days i.e. Monday to Friday
Special Powers ▪ A resolution seeking removal of VP can be originated only in Rajya Sabha ▪ Under article 249, it can shift an item of state list to union or concurrent list. ▪ If RS passes a resolution by majority of not less than 2/3 rd of members present & voting, then it is expedient for parliament to make laws wrt any matter enumerated in state list for whole or any part of territory of India on that matter for a period of not less than 1 year. ▪ However, RS can extend the law by passing same resolution with same majority for 1 year continuously. ▪ If RS passes a resolution by 2/3rd of majority of members present & voting, then it is expedient in national interest to create one or more all India services
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Limitations Money Bill ▪ If Rajya Sabha returns the bill to Lok Sabha opposing the bill, then it is deemed to have passed. ▪ Rajya Sabha can send recommendations to Lok Sabha, but Lok Sabha is not bound to act on it. ▪ Also Rajya Sabha does not have pocket veto & if it does not passes the bill within 14 days, it is again deemed to have been passed by the house No confidence Motion ▪ Unlike Lok Sabha, it cannot pass motion of no confidence against the government
Lok Sabha ▪ Also known as lower house of parliament or house of the people ▪ Members are directly elected by the people for 5 years ▪ Lok Sabha can be dissolved by the President ▪ Total strength is 552 ▪ 530 → Representatives of the state, ▪ 20 → Representatives of UT’s ▪ 2 from Anglo Indian community nominated by President) ▪ Parliament has frozen the representation of states & UTs at 543 till 2026 by 84th amendment in 2001 ▪ Seats are allotted to every state on the basis of population as far as possible ▪ Based on 2001 census i.e. in ratio b/w no. of seats allotted to its population ▪ Provision does not apply to states having Population < 6 million ▪ Certain seats are reserved for SCs & STs → According to 87th amendment 2003 viz. ▪ 2001 census as delimitation of constituencies of Lok Sabha ▪ State legislative assemblies within the state for SC / ST population ▪ 42nd amendment 1976, extended the normal life of Lok sabha to 6 years but 44th amendment 1978 again reversed it to a period of 5 yrs ▪ Duration of Lok sabha can be extended by a max. of 1 year at a time during proclamation of national emergency – Article 352, But if proclamation comes to end then not more than 6 months
Qualifications ▪ Must be a citizen of India & must have attained age of 25 years ▪ Must be a registered voter in parliamentary constituency of India ▪ Must subscribe by an oath administered by Election commission as mentioned in 3rd schedule
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Special Powers ▪ Motion of no confidence can only be initiated & passed in Lok sabha ▪ Money & Financial bill can only be originated in Lok sabha ▪ RS cannot amend or reject money bill ▪ Under article 352, Lok sabha in special sitting, can disapprove the proclamation of President, regarding continuance in force of national emergency. Hence, President has to revoke the emergency in this case
Rajya Sabha & Lok Sabha Disqualifications (RS & LS) ▪ Must not hold any office of profit ▪ Must not of unsound mind & undischarged solvent ▪ Must not acquire citizenship of foreign country ▪ Must not be disqualified under any law made by the President Resignation (RS & LS) ▪ May submit resignation to the speaker of Lok Sabha / Chairman of Rajya Sabha respectively ▪ Disqualified if absent for 60 days without the permission of the house ▪ Penalty of Rs. 500 / Day as a debt to Union for sitting & voting when a person is not qualified or has been disqualified or not affirmed by oath
Difference between Lok Sabha & Rajya Sabha
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Privileges & Immunities of Parliament ▪ Freedom of speech to each MP which means no action shall be taken on any words or speech spoken by him during the proceedings of the house ▪ No action for any public speech ▪ Absolute immunity from any action & for anything stated within the house ▪ Protected from any disclosure that one makes in parliament
Freedom from arrest ▪ Cannot be arrested & put in prison for any civil action within a period of “40 days before & after the commencement & termination of a session of the house” ▪ Immunity does not extend to arrest in criminal proceedings or contempt of court or preventive detention ▪ Right to refuse to give evidence & appear as a witness in a case pending in court of law when parliament is in session
Inquiries within House ▪ Each house has the power to institute enquiries & order attendance of the witnesses. In case of disobedience, may order to bring witnesses in custody to bar of the house
Disciplinary Powers ▪ For offending conduct of the house may impose disciplinary action on the member ▪ May expel a member for ill conduct inside or outside of the house
Privacy of debate & Right to exclude others ▪ Proceedings & sitting in camera ▪ Publication of proceedings on media ▪ Powers to punish a member or outsider for contempt of the house
Committee of Privileges ▪ To look after powers, privileges & immunities of the house & its members ▪ Lok Sabha → 15 members as nominated by the speaker ▪ Rajya Sabha → 10 members as nominated by the chairman
Limitations ▪ Restrictions imposed by the rules of procedure of the house
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▪ No discussion can take place in parliament wrt conduct of any judge of SC or HC in discharge of his duties except upon a motion for removal of a judge Speaker of Lok Sabha, Chairman of Rajya Sabha The Speaker of the Lok Sabha is the presiding officer of the Lok Sabha, the lower house of the Parliament of India. The speaker is elected in the very first meeting of the Lok Sabha following general elections. Serving for a term of five years, the Speaker chosen from amongst the members of the Lok Sabha, and is by convention a member of the ruling party or alliance. Speaker & Deputy Speaker of Lok Sabha ▪ Elected by members of LS among themselves & do remain in office as long as they are members of the house ▪ Speaker continues in his office even after LS is dissolved, till newly elected LS is constituted. ▪ In normal situations, Speaker does not vote in 1st instance, but exercises his casting vote in case of tie i.e. in case of equality of votes → to maintain impartiality of his office ▪ He is representative & spokesperson of the house in its collective capacity & chief custodian of its powers & privileges
Removal of Speaker ▪ Speaker & deputy speaker may resign by writing to each other ▪ Can be removed by a resolution passed by effective majority after giving a 14 days prior notice ▪ When such a notice is in consideration against the speaker, He can not preside over the proceedings of the house. He can, however, participate in proceedings of the house & can even vote in 1st instance, though not when there is an equality of votes Impartiality & Independence of office of speaker ▪ His salary & allowances are fixed by parliament by law & charged from consolidated fund of India & are not subjected to annual vote of parliament ▪ His work & conduct can not be discussed & criticized in LS except while substantive motion ▪ Can not be removed from the office except a resolution passed by effective majority
Powers of Speaker ▪ Possesses certain powers that do not belong to chairman of RS ▪ Presides over joint sitting of 2 houses of the parliament ▪ When a money bill is transferred from LS to RS, power to certify it as money bill is given to speaker & his decision whether a bill is money bill or not is final ▪ His permission is compulsory on question of bringing adjournment motion
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▪ Passed only in Lok Sabha ▪ Adjournment of business of the house for purpose of discussing a definite matter of urgent public importance) ▪ Appointment of primary committees & himself as ex – officio chairman of certain committees of the parliament ▪ Speakers conduct in regulating the procedure of maintaining order in house is not subjected to jurisdiction of court ▪ Under anti deflection act, authority of speaker if final, though open to judicial review
Chairman / Deputy chairman of Rajya Sabha ▪ VP / Chairman of RS presides over the proceedings of RS as long as he does not act as President of India ▪ In absence of chairman, Deputy Chairman presides over the proceedings of RS ▪ Deputy Chairman is elected by members of RS among themselves ▪ Deputy Chairman’s salary is equivalent to speaker of Lok sabha ▪ Presiding officer of each house has the final power to interpret the rules of procedure of the house ▪ Both chairman & deputy chairman cannot preside over a sitting of the house, when resolution of their removal is under consideration. ▪ However they can be present, can speak for themselves & take part in proceedings of the house but without right to vote Removal of Deputy Chairman ▪ If he resigns, or ▪ Ceases to be member of RS, or ▪ Can be removed by passing a resolution by majority, but such a resolution can only be moved after giving 14 days advance notice to him Bills in Parliament Government member bill Bill introduced by a minister of government, can be – ▪ Ordinary bill ▪ Money bill ▪ Financial bill ▪ Constitutional amendment bill
As it is moved by the the government itself, President does not interfere in introduction of the bill as he is obligatory to advice of COM.
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Private member bill ▪ A bill introduced by a non-government member ▪ President can use his powers of absolute veto & can reject the bill , provided bill comes for tabling in the house before presidential recommendation ▪ Every member can introduce a bill only for 4 times a year
Types of Bills Constitutional Ordinary Money Financial amendment
Introduce d in RS & LS LS LS RS & LS
Gov. + Gov. Introduce Private Gov. member Gov. + Private d as member bill member bill bill member bill
Presidenti al assent in intro Required Required Required Not Required
Provision for joint Applicabl sitting Applicable NA e NA
Simple Special Majority Simple Simple majority (X > 2/3 of Passing majority ( majority ( (X > members present Majority X > 50 %) X > 50 %) 50 %) & voting) Stages of bill Introduction of the bill (1st reading of the bill) ▪ Provisions of proposed law + statement of objects & reasons ▪ If a private member wishes to introduce a bill, he must give one month prior notice of his intentions to introduce the bill, seeking permission of the house to do so. ▪ Usually it is not opposed but if it is opposed, proposal is put to vote & if house is in favour of introduction of bill, then it proceeds to next stage ▪ After the bill is introduced in house, it is published in Gazette of India
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2nd Reading of the bill ▪ Principles of the bill are discussed thoroughly & members make speech about for or against the principles of the bill ▪ Clause, schedules & amendment regarding bill are taken into consideration ▪ Bill can be referred to selection committee (Committee of the house) or can be referred to joint committee (joint committee of both the houses) ▪ If the bill is referred to joint / selection committee, they shall give their report (unanimously or via majority) within specified date (with amendments, if required) ▪ Reports & bill (as amended) are printed & made available to members of the house (Report stage of the bill) ▪ Bill is then taken up for consideration clause by clause ▪ This is the stage where bill undergoes substantial changes & amended if found necessary
3rd Reading of the bill ▪ Final reading & more or less a formal affair ▪ Debate is confined to acceptance or rejection of the bill & submitted to vote of the house ▪ If accepted, it is passed to other house & same process follows. ▪ Other house has mainly 4 alternatives viz.
▪ May pass the bill without amendments ▪ May pass the bill with amendments → In this case, Bill is returned to originating house. If originating house accepts the amended bill, it would deem to have been passed by both the houses. However, if originating house does not agree with it, President may summon a joint meeting of both the houses to resolve the disagreement & deadlock ▪ It may reject the bill altogether. President may summon joint sitting of both the houses to resolve the deadlock ▪ May not take any action on the bill by keeping it lying on the table. After lapse of 6 months from the date of reception of the bill, President may summon joint sitting of both the houses to resolve the deadlock Budget, Funds, Expenditure & Grants in India Budget (Annual Financial Statement) It is represented before Lok Sabha upon recommendation of the President & it is the duty of President to lay it before both the houses of Parliament ▪ Presented by Finance minister on last working day of Feb month in parliament ▪ Presents an estimate of receipt & expenditure of GOI for the following financial year ▪ Gives proposal of taxation & other means to raise the receipts to meet the expenditure
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▪ Contains actual receipts & expenditure of previous year with detailed review of financial position of said period
▪ After its introduction, Lok Sabha discusses the demands for grant (i.e. proposed expenditure) of various ministries & departments, one by one. All such expenditures are charged from consolidated fund of India & presented in form of single bill called appropriation bill. ▪ Proposal for taxation to raise revenue is presented in form of financial bill
Types of funds in India Consolidated fund of India ▪ A fund to which all revenues received, loans raised & income received by GOI are deposited ▪ All legally authorized payments on the behalf of GOI are made out of this fund ▪ No money can be spent out of this fund except through grants made by parliament
Public accounts of India ▪ All other public money except the one credited to consolidated fund shall be credited to Public accounts of India ▪ Bank savings account of the departments/ministries (for day to day transactions) ▪ National Investment fund – NIF (Money earned from disinvestment) ▪ National Calamity & contingency fund (NCCF) (Under Home ministry) → Merged with NDRF ▪ National small savings fund, defense fund, provident fund, Postal insurance etc. ▪ All Cess & Specific purpose surcharges ▪ Government schemes Fund (Eg. MNREGA) ▪ No need of Parliament’s approval Contingency fund of India ▪ Created in 1950, with a limit of merely 50 cr, raised to 500 cr in 2005, at the disposal of the President to meet unforeseen expenditures – Operated by Finance secretary
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▪ Contingency fund is used by the President where parliament’s approval cannot be obtained owing to time factor ▪ However, sanction of parliament is necessary to replenish this fund from consolidated fund of India ▪ States have their own consolidated & contingency funds
Expenditures & Grants Charged Expenditures Expenditures that do not require approval of parliament to be spent out of consolidated fund of India. These expenditures are sanctioned by constitution itself: ▪ Emoluments, allowances & expenditure of President & his office ▪ Salary & allowances of chairman / Deputy chairman of RS + Speaker / Deputy speaker of Lok Sabha ▪ Debt charged for which GOI is liable ▪ Salaries, allowances & pensions of SC judges & CAG
Vote on account ▪ Power of Lok Sabha (not of Rajya sabha) to authorize various ministries to incur expenditures for a part of financial year, pending the passage of appropriation bill by the parliament
Vote of Credit ▪ Granted for meeting an unexpected demand upon the resources of India, when on account of magnitude, the demand could not be stated with details ordinarily given in the budget
Supplementary Grant ▪ Granted when the amount authorized by parliament through the appropriation act for a particular service for current financial year is found to be insufficient
Additional Grant ▪ Granted when a need has arisen during current financial year for additional expenditure for some new service, not contemplated in budget for that year
Excess Grant ▪ Granted when money has been spent on any service during a financial year in excess of amount granted for that service in the budget for that year. ▪ It is voted by Lok sabha after the financial year
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Working Procedure of Parliament Sessions of Parliament President summons each house of the parliament at such intervals that there should be not more than 6 months of gap b/w 2 sessions of the parliament, Hence the parliament must meet atleast twice a year. Powers to dissolution or prorogation are exercised by the President but power of adjournment belongs to respective presiding officer. Time between prorogation & Re- assembly is called Recess.
Budget Session Feb – May Longest
Monsoon Session July – August
Winter Session Nov – Dec Shortest
Special session Convened by President on request of COMs
▪ If LS is not in session, not less than 1/10th of the members, on prior notice of 14 days, can write to President for revoking national emergency
Private member’s business ▪ Every member who is not a minister is called a private member. ▪ Private member’s business include private member’s bill & resolutions ▪ Period of notice for introduction of bill is one month, unless presiding officer allows introduction at shorter notice ▪ Period of notice for resolution is 2 days. Question hour (11AM – 12) ▪ 1st hour of business ▪ Keep Ministers accountable for gov. & keep them on toes Starred questions ▪ Starred questions are one of whom a member desires an oral answer. ▪ Answer to such question may be followed by 5 supplementary questions by other members
Unstarred questions ▪ Unstarred questions are one of whom written answer is desired by the member. ▪ No supplementary questions can be asked thereon ▪ Requires a time period of 10 days www.pragnyaias.com 7288081111
Short notice questions ▪ Relates to matter of urgent public importance ▪ Can be asked by members with notice shorter than 10 days as prescribed for an ordinary question. ▪ It is for the speaker to decide whether matter is of real public importance or not. ▪ Member requires to state reasons for asking such questions while serving the notice Zero Hour (12 – 1 PM) ▪ Not recognized under the rules & procedures of house of the parliament. ▪ A member raise any issue of public importance on very short notice or without notice at all
Motions in Parliament ▪ Basically a proposal brought before the house for expressing the opinion to the house. ▪ Every question put in the house must, therefore, be proposed by a member as a motion. ▪ Hence, motions are basically parliamentary proceedings
Resolutions in Parliament ▪ Procedural device available to members & ministers to raise a discussion in the house on matter of general public interest. ▪ A resolution is infact a substantive motion but unlike motions, resolution forms have been provided with the rules concerning both the houses. ▪ If resolution is passed in form of statute / law, it has the binding effect. But, if it is passed as an expression of opinion, it has only persuasive effect.
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▪ Hence, resolution is a particular type of motion, required to be voted upon, unlike as in case of motion.
Types of Motions in Parliament Privilege Motion ▪ Moved by a member, if in his opinion, any minister/ any member commits a breach of privilege of the house by withholding any fact or by giving distorted version of facts Adjournment Motion (only in LS) ▪ Setting aside normal business of the house for discussing a matter of urgent public importance
Calling attention motion (Only in LS) ▪ A member with prior permission of the speaker, calls the attention of ministries on matter of urgent public importance ▪ He may make a brief statement or ask for the time to make a statement at later hour or date (Indian innvotaion) Censure Motion (Only in LS) ▪ This motion is moved by opposition parties against whole COMs or against any individual minister for failure to act / seeking disapproval of their policy ▪ Speaker has to decide its order & fix a date for discussion of this motion & if it is passed in LS, Gov. need not to resign, but COM is bound to seek confidence of LS as early as possible ▪ If a money bill or vote of thanks to President (in joint session of parliament) is defeated, it also amounts to censure of the government policy & gov. needs to seek confidence of LS as early as possible
No confidence Motion (Only in LS) ▪ COMs remain in office as long as it enjoys majority support or confidence of LS ▪ Once, it loses the confidence of the house, it is bound to resign with immediate effect ▪ Moved against only COMs, not against any individual member (unlike censure motion) ▪ Further unlike censure motion, no date is fixed or any time allotted to COMs as this motion takes precedence over all pending businesses of the house
Confidence Motion (Only in LS) ▪ Came in to existence under Indian parliamentary practice mainly due to formation of coalition governments.
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▪ Process is similar to no confidence motion except it is moved by the gov. itself to prove & ensure confidence of LS ▪ If this motion is defeated, COMs is bound to resign
Cut Motions (Only in LS) Cut motions are basically part of budgetary process which seeks to reduce the amount for grants Policy Implies that mover disapproves of the policy underlying the demand – Cut “the amount of demand to be reduced by Rs. 1
Economy When demand or policy affects economy in expenditure – “the amount Cut of demand to be reduced by Rs …”
Token Seeks the “Demand to be cut by Rs. 100” to voice a particular grievance Cut against the government
Whips in Parliament ▪ Directives issued by chief functionary of a political party in parliament to ensure support of its members, voting in favour or against a particular issue on the floor of the house. ▪ A person may loose membership of the party & the legislature if he votes against the whips or abstain from voting
Speaker Protem ▪ Usually senior most member in terms of years one has served & then age. ▪ As soon as new LS is constituted, President appoints a speaker protem to administer the oath of newly elected LS members & to preside over election of next speaker ▪ Ceases to be speaker as soon as new speaker is elected Commonly Used Terms in Parliament “Glossary to find out definitions for words and phrases commonly used in the Parliament.” Re – Takes place due to rigging, booth capturing, countermanding or Election employing any other unfair means during elections
Bye When seat is rendered vacant (Due to death, resignation or any other Election subsequent disqualification of member originally elected)
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Midterm If LS or state assembly is dissolved well before the expiry of its full election term then the elections are held to constitute new house
Leader of Leader of largest opposition party in LS having at least 1/10th of the Opposition strength of the house
Refers to last session of old parliament, held after a new LS has been Lame elected as a result of general elections. Lame ducks under it are those Duck members who were part of old house but could not get re-elected for Session the new house
Parliamentary device of long winded speeches, not necessarily relevant to delay a matter under consideration for voting (Not Filibuster practised in India)
Refers to a vote taken unexpectedly without voters being briefed or Snap Vote informed about it in advance
Gerry Reorganisation of electoral districts by political party in power in Mandering attempt to gain advantage in upcoming elections
Hung After a general election, when no political party or combination of Parliament parties is in position to form a government by majority
When due to lack of time, demand of grants are put to vote whether they are discussed or not in the house on last working day of allotted Guillotine time
Minimum required number of members present to validly transacts the business of the house (1/10th of total members of the house including Quorum presiding officer)
Point of A process, which when raised has effect of suspending the order proceedings before the house & member who is on his legs gives away
Breach of privileges & contempt of parliament ▪ When any individual or authority disregards any of the privileges & immunities, either of the member or of the house, the offence is called breach of privileges. ▪ Any act which impedes either the house or performance of official function of the house or of any of its member, is called contempt of parliament
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Delegated / Subordinate legislation ▪ MPs / MLAs make laws only in broad skeletal form, Executives fill up the minor details ▪ When legislatures outsource the law making work to the executives, then it is known as delegated / subordinate legislation ▪ Committee on subordinate legislation examine the rules & regulations made by the executives & submit its report to the house ▪ Hence parliament continues to keep its control over delegation Section 4 → State legislature, State Executives, Supreme Court & High Court The State Executive – Governor, COM & Advocate General Governor → Executive Head of States “Acts on advice of COM + All executive actions of state are taken in his name” ▪ Same person can be appointed as Governor of one or more state ▪ Acts as a link b/w center & state & it’s his duty to send reports to the President of the affairs of the state fortnightly ▪ Dual responsibility → head of the states + representatives of center in state
Appointment of Governor ▪ Appointed by President for 5 years but can be removed before his office terms, by the President on advice of PM ▪ Even can be transferred from one state to other by President on advice of PM ▪ Rajasthan high court held that CJ of HC can be appointed as an acting governor in place of vacancy in governor’s office due to death, resignation etc.
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Qualifications ▪ Must be citizen of India & of 35 years of age ▪ Must not be member of any house of Parliament or of state legislature ▪ Must not hold any office of profit
Oath ▪ Before CJ of HC or in his absence, before senior most judge available
Salary ▪ 1, 10,000 + Rent free official accommodation + other allowances ▪ From consolidated fund of state
Immunities to Governor ▪ Shall not be answerable to any court for exercise & performance of powers & duties of his office ▪ No criminal proceedings can be instituted or continued in any court during his terms of office ▪ No process for arrest or imprisonment of governor from any court during his terms of office ▪ Civil proceedings against him, in which relief is claimed, can be instituted giving 2 months prior notice
Sarkaria Commission report on office of Governor (Recommendations only) ▪ A politician belonging to ruling party at the center should not be appointed as governor of state being run by some other party ▪ Must be appointed after consultation with state concerned ▪ Must be a detached figure from state politics & must retain power to refer any bill to center for assent
Powers & functions of Governor Executive Powers of governor ▪ All executive powers of the state are vested in governor & all executive actions of state government are taken in his name ▪ Executive powers of governor extend to all matters on which state legislature can make laws ▪ In case of concurrent list executive powers of governor are subjected to executive powers of the President
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▪ Make rules for convenient transaction of business of government & for its allocation among ministers ▪ to 94th amendment, In Jharkhand, MP, Chhattisgarh & Orissa, it is special responsibility of the governor to see that a minister is placed incharge of tribal welfare ▪ In Assam, he is given certain special powers with respect to administration of tribal areas ▪ Appoints CM (Leader of majority party in legislative assembly) & on his advice COMs ▪ Appoints the Advocate General, Chairman and members of the respective State Public Commission; Although the later cannot be removed by him but the President on report of SC in case of certain disqualifications ▪ Appoint members of state election commission & state finance commission ▪ Acts as chancellor of state universities ▪ CM to communicate all decisions of COM, related to administration of state & to all the proposal for legislation, to governor ▪ Informs President, along with his recommendations, regarding break down of constitutional machinery & imposition of Presidential rule in state
Legislative Powers of governor ▪ Power to nominate 1 member to lower house (Legislative assembly) from Anglo Indian community & 1/6th of total number of members to upper house (Legislative council) ▪ Summons state legislature, prorogue either house & can dissolve legislative assembly ▪ No bill can become a law until the Governor signs it ▪ Can dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President. ▪ Causes the annual Budget to be presented in Vidhan Sabha (Legislative assembly) ▪ No money bill / ordinary bill / financial bill can be introduced in the Assembly without his prior approval. ▪ May give his assent or withhold his assent to a bill / Can withhold a bill and send it to the President for consideration / may return to legislature (one time only) except money bill Ordinance making powers of governor ▪ Can issue ordinances when one or both the houses of state legislature are not in session & when he is satisfied that certain actions are needed to be taken immediately ▪ However, he is prohibited from promulgating ordinances that contains provisions, which under the constitution requires previous sanction of the President. In such cases, he can make ordinances taking prior permission of President ▪ An ordinance issued by governor ceases to be in operation 6 weeks after the re-assembly of the legislature unless approved earlier
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Financial Powers of governor ▪ No money bill / ordinary bill / financial bill can be introduced in the Assembly without his prior approval. ▪ No demand for grant can be made in legislative assembly except on his recommendations ▪ To introduce annual budget in state legislature showing estimated revenue & expenditure of state for that year ▪ Can make advances out of contingency fund of state in case of unforeseen expenditure
Judicial Powers of governor ▪ Has the power to grant pardon, reprieve, respite or remission of punishment or to commute sentences in certain cases, subjected to the laws of state legislature ▪ Does not has the power to grant pardon in cases of death sentence – But can commute or respite it
Emergency Powers ▪ Power to make report to the President whenever he is satisfied that a situation has arisen in which government of the state can not be carried on in accordance with the provisions of the constitution, thereby, inviting President to assume to himself function of gov. of the state ▪ When the Presidential rule is applied to state, governor becomes the agent of Union government in the state & take reins of administration directly in his own hands & runs the state with the aid of civil services on instructions received by President
Other Powers ▪ On advice of election commission, he may decide a matter relating to disqualification of a member of legislature, if his election is challenged through a petition by some voters of the state ▪ Annual reports of various bodies like state PSC, CAG, State finance commission etc. are submitted to governor that he causes to be laid before legislature for consideration
Bill Reserved by Governor for Presidential Assent When a Bill is reserved by a Governor, under the Article 201, for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent there from – ▪ Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together and, when a Bill is so returned, the House or Houses shall reconsider it
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accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration. ▪ When the bill is again presented to the President for the assent, the president is not bound to give his assent to the Bill. This means that the state legislature cannot override the veto power of the President.
The Constitution has also not prescribed any time limit within which the President has to take decision with regard to a bill reserved by the governor for his consideration. Hence, the President can exercise pocket veto in respect of state legislation also.
Council Of Ministers ▪ COMs with CM at its apex aid & advice the governor in exercise of his functions ▪ Governor is bound to follow advice of COMs except in cases where he can use his discretionary powers ▪ COMs is collectively responsible to legislative assembly of the state ▪ Any person can be appointed as the minister but ceases to be one, if he is not elected as a member of the state legislature within 6 months after his appointment as a minister
Whereas the constitution does not provide much discretionary powers to President, it empowers the governor to exercise some functions in his discretion & while exercising his discretionary powers, Governor need not seek or act according to advice rendered by COMs
Discretionary Powers of the Governor ▪ Governor of Assam determines the amount payable by the state to district council as royalty, accruing from the license for minerals ▪ Governor of a state as administrator of an adjoining UT can exercise his functions as administrator independent of his COMs in said UT ▪ In some cases, Governor is enthrusted with special responsibilities, where he seeks the advice of his COMs, but is not bound to follow them :
▪ President may direct that governor of Maharashtra or Gujrat have special responsibility for taking steps for the development of certain areas in the state such as vidarbha, Saurashtra ▪ Governor of Nagaland shall have the responsibility with respect to law & order in state mainly due to internal disturbances caused by hostile Nagas
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▪ Governor of Manipur shall have special responsibility to secure proper functioning of committee of legislative assembly consisting of members elected from hill areas of state ▪ Responsibility of governor of Sikkim for peace + social and economic advancement (Equitable arrangement) of different sections of population of Sikkim ▪ Governor sends report to the President that the gov. of state can not be carried on, in accordance with the constitution. He makes such report purely on his discretion, not on advice of COMs
▪ In matters relating to reservation of bill for consideration of President, Governor may act on his own ▪ Appointment of CM, if no political party has a clear cut majority or does not have an acknowledged leader ▪ Dismissal of ministry, when it refuses to resign after losing majority support in house via no confidence motion ▪ Dissolution of legislative assembly on advice of COM who has lost majority support in house
“However, Governor shall be bound to use his discretionary powers as a direction of the President”
Advocate General of State ▪ 1st law officer of the state ▪ Appointed by the Governor ▪ A person qualified to be appointed as judge of HC can only be appointed as advocate general Duties & Functions ▪ Has right to participate in proceedings of the house or houses of state legislature without right to vote ▪ Right to audience in any state court ▪ Gives advice to state government upon legal matters ▪ Enjoys all legislative privileges available to members of legislature State Legislature – Governor, Legislative Assembly, Legislative Council Legislative Council → Only for 7 states Article 171 of the Constitution of India provides for the establishment of a Vidhan Parishad. The Vidhan Parishad or Legislative Council is the upper house in those states of India that have a bicameral legislature. As of 2017, seven states have a Legislative Council. ▪ Karnataka
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▪ Uttar Pradesh ▪ Maharashtra ▪ Bihar ▪ J & K ▪ Andhra Pradesh ▪ Telangana
Legislative Councils (Vidhan Parishad) ▪ Power of abolition or creation of Legislative council lies with parliament ▪ If legislative assembly of state passes a resolution by a majority of total membership & not less than 2/3rd of the members of the assembly present & voting, Parliament may or may not approve the resolution with simple majority ▪ A resolution passed by legislative assembly of state for creation or abolition of its council is not binding on parliament Composition of Legislative council Elected by electorates consisting of members of municipalities, District 1/3rd boards & other local authorities in state
Elected by members of legislative assembly of state from amongst persons 1/3rd who are not member of assembly
Nominated by governor ( From fields of art, science, literature, social science 1/6th & cooperative movements)
1/12th Elected from graduates of 3 years, residing in that state
Elected by persons engaged in teaching for not less than 3 years in 1/12th educational institutions within the state, not lower than secondary school
▪ Strength → Not more than 1/3rd of legislative assembly, but can not be less than 40 (Except J & K – 36) ▪ Legislative council is a permanent body (term 6 years) & not subjected to dissolution ▪ After every 2 years, 1/3rd of its members retire, However, retiring members are subjected to re-election & re-nomination. Legislative Assembly (Vidhan Sabha) ▪ Flexible membership from 60 – 500 members; however in Sikkim, Mizoram & Goa, they are limited to a minimum of 40 members only ▪ Chosen directly by the people on the basis of adult franchise
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▪ Seats are reserved for SCs & STs on the basis of their population ▪ 1 member can be nominated by Governor from Anglo Indian community ▪ Duration → 5 years but may be dissolved earlier by the governor ▪ 42nd amendment increased assembly official term to 6 years but 44th amendment restored it to 5 years ▪ During proclamation of national emergency, life of assembly may be extended by an act of parliament for a period of not more than 1 year at a time , but in no case beyond a period of 6 months, after proclamation of national emergency has ceased to operate
Membership Qualification ▪ Must be citizen of India ▪ Must be of 25 years of age for Legislative Assembly & 30 years for Legislative Council ▪ Must not hold any office of profit ▪ Must not be of unsound mind
If a situation arises for disqualification of a member, Decision of Governor shall be final (Governor must obtain opinion of election commission of India prior to action) “All powers, provisions, sessions etc. is same as in case of Lok Sabha & Rajya Sabha at center”
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Legislative Procedure in State Legislature Unicameral type of government ▪ All bills originate in single chamber i.e. legislative assembly ▪ When passed are presented to governor for his assent Bicameral type of government ▪ If legislative assembly rejects a bill, originated in Legislative council, then it is the end of the bill ▪ Procedure of money bill is same as in parliament ▪ In case of Financial or ordinary bill, if it is passed by legislative assembly, It is sent to legislative council, where if it. ▪ Reject the bill ▪ Suggest amendment to the bill not acceptable to legislative assembly ▪ Does not act upon the bill for 3 months. ▪ Then it is referred back to legislative assembly, If legislative assembly passes the bill for the 2nd time, it is retransmitted legislative council, where. ▪ At the expiry of 1 month period ▪ Bill rejected outright ▪ Bill passed with amendments not acceptable to legislative assembly. ▪ Then, bill is deemed to have been passed by both the houses & sent to governor for his assent. There is no provision of joint sitting of state legislature to remove a deadlock, as upper house does not enjoy equal powers with lower house & can not amend a bill on its own “Privileges, Immunities, Committees etc. are same as Parliament” Supreme Court – India “Independent Judiciary → Sine – Qua – Non of Democracy (Absolutely needed)” ▪ Exist to see that laws made by legislature are intra vires (with the constitution) ▪ At the apex lie SC → Custodian & interpreter of constitution ▪ Originally 1 CJ & 7 judges, but At present 1 CJ & 30 Judges
Appointment & Transfer of Judges – By National Judicial Appointments Commission Composition of the NJAC – 6 members ▪ Chief Justice of India (Chairperson, ex officio) ▪ Two other senior judges of the Supreme Court next to the Chief Justice of India – ex officio ▪ The Union Minister of Law and Justice, ex-officio
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▪ Two eminent persons (one of which would be from the SC or ST or OBC or Minority communities or a woman ), for 3 yrs, not eligible for re-nomination, to be nominated by a committee consisting of : ▪ Chief Justice of India ▪ Prime Minister of India ▪ Leader of opposition in the Lok Sabha ( where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha) Functions of the Commission ▪ Recommending persons to president for appointment as ▪ Chief Justice of India, ▪ Judges of the Supreme Court, ▪ Chief Justices of High Courts and other Judges of High Courts. ▪ Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court ▪ Ensuring that the persons recommended are of ability and integrity
Eligibility Criteria of Supreme Court Judges ▪ Citizen of India ▪ Judge of HC for atleast 5 years in succession / advocate of HC for atleast 10 years in succession ▪ A distinguish jurist in opinion of President (a highly qualified academia / law professor). Tenure of Supreme Court Judges ▪ 65 years for Supreme Court Judge ▪ 3 years more than that of High court Judge
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Salary of Supreme Court Judges ▪ Chief Justice →1 lakh ▪ Other Judges → 90,000 ▪ From consolidated fund of India
Removal of Supreme Court Judges By order of President, after an address in each house of parliament, supported by a majority of total membership of the house & passed by a resolution supported by not less than 2/3rd of the members present & voting. Lok Sabha A motion can be preferred before the house if signed by 100 members
Rajya Sabha A motion can be preferred before the house if signed by 50 members
▪ Only on grounds of proven misbehavior or incapacity ▪ Only after giving 14 days prior notice to said Judge against whom the motion is passed ▪ A 3 persons judicial committee is formed headed by serving judge of SC + 2 others from (SC or HC or eminent jurists) ▪ Report of same must be passed by both the houses & President Acting CJ & Ad Hoc Judges Appointment of Acting CJ → By President if CJ is ill or incapable to serve Appointment of Ad-hoc Judges ▪ IF there is lack of quorum of Judges of SC to hold or continue any session in court, CJ of India with previous consent of President & after consultation with CJ of HC concerned, request in writing the attendance of judges to sit in SC as ad-hoc judges for certain period (Judges shall be qualified to be judges of SC) ▪ Retired judges of SC can sit in SC as adhoc Judges on request of CJ after consent of President, provided they fulfill the criteria of SC
Note ▪ Criminal proceedings initiation against a judge of SC or HC requires CJs consent ▪ After retirement, a Judge of SC is prohibited from practising or acting as a judge in any court Jurisdiction & Powers of Supreme Court Original Jurisdiction “Original jurisdiction of SC is power to hear a case for the 1st time unlike Appellate jurisdiction”
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▪ Purely federal in character i.e. have exclusive authority to decide any dispute involving a question of law between: ▪ GOI (Union) v/s state or states ▪ GOI & any state / states on one side & state / states on the other ▪ Two or more states ▪ However, according to 7th amendment, 1956, original jurisdiction of SC does not extends to disputes, arising out of provisions of a treaty, agreement etc. which was executed before 26th Jan 1950 & is in operation ever since ▪ As per article 71, all disputes regarding election of President & vice President are handled by SC
Exclusion to original jurisdiction of states ▪ In disputes b/w center & state due to disputes arising out of provisions of a treaty, agreement etc. which was executed before 26th Jan 1950 & is in operation ever since ▪ Parliament may by law exclude SC’s jurisdiction in disputes w.r.t use, distribution & control of water in any interstate river
Writ Jurisdiction ▪ A type of original jurisdiction of Supreme court ▪ Jurisdiction of SC to enforce FRs → Every individual has a right to move to SC directly by appropriate proceedings for the enforcement of his FR, without coming via HC, by means of writs Appellate Jurisdiction Constitutional Matters ▪ Appeal lies to SC if HC certifies that the case involves a substantial question of law as to interpret the constitution ▪ If HC refuses to give certificate, SC may grant a special leave for appeal if it is satisfied that case does involve such question Civil Matters ▪ An appeal lies to SC from any any judgement in civil proceeding of HC if it certifies : ▪ that the case involves a substantial question of law of general importance ▪ that in opinion of HC, the said question needs to be decided by SC ▪ Thus, No appeal in case of civil matters lies to SC as a matter of right as it lies only when HC issues a certificate on above 2 conditions Criminal Matters ▪ Constitution provides the following provisions as to appeal in criminal matters: ▪ If HC has sentenced someone to death ▪ If HC has withdrawn for trial before itself a case from the lower court & in such trial, lower court has sentenced the accused to death www.pragnyaias.com 7288081111
▪ If HC certifies that the case is fit for appeal to SC, even if HC on appeal has reversed an order of acquittal of accused & sentenced him to death or life imprisonment or for period not less than 10 years. Note → Appellate Jurisdiction is not Applicable in cases of Court Martial Advisory Jurisdiction (Only consultative Role) ▪ President can refer to court either on a question of law or on a question of fact provided it is of public importance. However, it is not compulsory for court to give its advice. ▪ Further, President is empowered to refer to SC for its opinion regarding disputes, arising out of provisions of a treaty, agreement etc. which was executed before 26th Jan 1950 & is in operation ever since. In such case, it is obligatory for the court to give its opinion to President “In both of above cases, opinion expresses by SC is only advisory in nature & not binding on President”
Revisory Jurisdiction ▪ Empowered to review any judgment or order made by it with a view to remove any mistake or error that might have crept in judgment ▪ Even though, judgment have been passed by SC has a binding effect on all the courts of India, but not on SC itself.
Supreme Court as Court of Record ▪ Records & judicial proceedings are of evidentiary value before any court ▪ Has power to determine its own jurisdiction
Contempt of court ▪ “Supreme Court has power to punish its own contempt” ▪ Civil → Willful disobedience to any judge or other processes of the court ▪ Criminal → Publication of any matter or doing any act whatsoever which scandalizes or tend to scandalize authority of the court or tend to interfere course of any judicial proceedings
Curative Petition ▪ A review petition may be filed in SC after delivery of its judgment; Court may review the case under its inherent power but on very restricted grounds ▪ The petition 1st has to circulated to a bench of 3 senior most judges & judges who passed the judgment complained of
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Others Powers of SC ▪ Make rules regarding procedure & practice of court ▪ Can recommend removal of members of UPSC to the President ▪ Power to review the laws passed by the legislature & orders issued by executives & to declare them ultra vires if they contravene any of the provisions of the constitution ▪ It must be noted that SC can not pronounce upon the constitutionality of any law or executive’s action on its own. It can only pronounce judgment, when said law or executive action is actually challenged by someone ▪ The ultimate authority to interpret the constitution also rest with SC , which has been described as mouth piece of Indian constitution Writs in Indian Constitution The Indian Constitution empowers the Supreme Court and High Courts to issue writs for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution The writ issued by Supreme Court and High Court differs mainly in three aspects: ▪ The Supreme Court can issue writs only for the enforcement of fundamental rights whereas a High Court can issue writs for enforcement of fundamental rights along with “ for any other purpose” (refers to the enforcement of any legal right). ▪ SC can issue writ against a person or government throughout the territory whereas High Court can issue writs against a person residing or against a government located within its territorial jurisdiction or outside its jurisdiction only if the cause of action arises within the territorial jurisdiction. ▪ SC writs are under Article 32 which in itself is a fundamental right thus SC cannot refuse to exercise its writ jurisdiction. Whereas article 226 is discretionary thus HC can refuse to exercise its writ jurisdiction.
Habeus Corpus ▪ Habeas corpus is a Latin term which literally means “You may have the body” ▪ This writ can be issued against any person, Private or official ▪ An order calling upon the person who has unlawfully detained another person to produce the later before the court to ascertain, whether the detention is legal or not ▪ It is not essential to produce the detained person physically but what is important for the court is to obtain the knowledge or reason for detention ▪ If the detention is found to be unlawful, court can set free the detained person Mandamus ▪ The Latin word ‘mandamus’ means ‘we command’. ▪ The writ of ‘mandamus’ is an order of the High Court or the Supreme Court commanding a person or a body to do its duty.
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▪ Mandamus writ is used to command authority against both judicial & administrative, but entrusted only with public duty ▪ A writ of mandamus can be granted only in cases where a statuary duty imposed on an officer concerned results in failure on the part of officer or public authority to discharge the statuary obligation ▪ It is basically an order of superior court commanding a public officer or authority to do or not do something concerned with public duty ▪ Aggrieved party have legal right to enforce its performance by issuing a writ of mandamus ▪ Private rights or duty can not be enforced by it i.e. duty assigned by the law not by private individual or private organization
Prohibition ▪ The Writ of prohibition means to forbid or to stop and it is popularly known as ‘Stay Order’. ▪ Writ of Prohibition is used against judicial & Quasi-Judicial authorities to command inactivity to certain judgment ▪ Sole purpose of this writ is to prevent inferior courts from usurping a jurisdiction with which they are not legally vested >> Can be issued in excess or absence of jurisdiction ▪ Issued by superior court to inferior court or tribunal to prevent it from exceeding its jurisdiction & compel it to be within its limits of jurisdiction Certiorari ▪ Literally, Certiorari means to be certified. ▪ It is issued by the higher court to the lower court either to transfer the case pending with the latter to itself or to squash the order already passed by an inferior court, tribunal or quasi judicial authority.
Difference between Writ of Prohibition & Certiorari ▪ A writ of prohibition is used to prevent an inferior court or tribunal to proceed the trial in excess of its jurisdiction whereas a writ certiorari is issued to quash the order of an inferior court or tribunal in excess of jurisdiction ▪ A writ of prohibition is used before the order is passed by the court whereas a writ of certiorari is used to nullify an order already passed by the court ▪ Prohibition can be issued only against judicial and quasi-judicial authorities whereas Certiorari can be issued even against administrative authorities affecting rights of individuals. Quo Warranto ▪ The word Quo-Warranto literally means “by what warrants?” or “what is your authority”? ▪ It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. www.pragnyaias.com 7288081111
▪ The writ requires the concerned person to explain to the Court by what authority he holds the office. ▪ If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. ▪ Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age. Judicial Activism & Doctrines associated with Supreme Court Judicial Activism Judiciary plays an assertive role to force the other organs of the state to discharge their constitutional duties towards public. Judicial activism basically has been forced upon the judiciary by insensitive & unresponsive administration that disregards the interest of the people, to ensure that administration of country does not suffer because of the negligence on the part of executive & the legislature. ▪ Concept of Judicial activism emerged when SC started playing assertive role by giving some landmark judgments & issued some stern directives to legislature & executives concerned ▪ Phenomenon of judicial activism is welcome step only in short run & if it is carried out for long, it may destroy the very essence of separation of powers , with the judiciary assuming greater powers compared to legislature & executive in the absence of proper checks & balance mechanism
Judicial Review ▪ Both Supreme Court & High Court enjoys the power of judicial review in India ▪ Based on the concept of supremacy of the constitution ▪ For any law or executive order to be valid, it must confirm to the provisions of the constitution Procedure established by law (India) v/s Due process of Law (US) Procedure established by law ▪ The court examines a law only from the point of view of legislature’s competence ▪ Court sees that the prescribed procedure has been followed by the executive ▪ Court examines only procedural aspect not the motive behind the law or reason behind it, hence can not pronounce it unconstitutional unless the law is passed without the authorities competence
Due process of Law ▪ Court can examine the law, not only from the point of view of legislature’s competence, but also from the aspect of motive behind the law
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▪ Though constitution of India follows procedure established by the law, but in case of Maneka gandhi case, SC interpreted article 21 to include the expression of due process of law in it
Hence, article 21 protects an individual both against the legislature & executives action. However, it does not mean that due process of law has come in form under judicial review of India Prominent Doctrines associated with Supreme Court Doctrine of Severability ▪ While interpreting an impugned law, court has to see whether the law as a whole or some part of it is unconstitutional. ▪ Court can declare impugned law as a whole or some part of it unconstitutional as the case may be
Doctrine of Progressive Interpretation ▪ Court interpret the provisions of the constitution in the light of social, economic & legal conditions prevailing at that point of time
Doctrine of Prospective Overruling ▪ Judicial invalidation or new view of interpretation of law will not affect the past transactions or vested rights, but will be effective with regards to future transactions only
Doctrine of Empirical Adjudication ▪ While exercising the power of judicial review, courts are not supposed to deal with hypothetical cases; therefore it is essential that the matter bought before the court must be of concrete nature. ▪ Court seeks to confine its decisions, as far as possible; within the narrow limits of controversy b/w the parties concerned in particular case
Presumption in favor of Constitutionality ▪ Whenever the constitutional validity of a law is challenged, court will not hold it ultra vires until the invalidity is clear from all doubts which means there is always presumption by the court, in favour of law’s validity ▪ However, despite the extensive power of judicial review enjoyed by SC & HC, scope of judicial review in India is limited, as while interpreting a law, SC will not self-legislate ▪ SC is not supposed to question the reasonableness of any law except where the constitution has expressly authorised the court to exercise its power.
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High Courts – India Indian High court act, 1861 High courts established at Calcutta, Bombay & Madras. Constitution states that there shall be HC in every state, but, parliament has the power to establish a common HC for 2 or more states (At present 24 HC for 29 states & 7 UTs). ▪ Strength of HC is flexible (Unlike SC – which can be increased by parliament) ▪ President may from time to time appoint judges of HC, keeping in view amount of work before HC
Appointment of High Court Judges ▪ Initiation of proposal for appointment of judges of HC must invariably be made by CJ of that HC ▪ Appointment is made with respect to recommendations of NJAC Composition of the NJAC – 6 members ▪ Chief Justice of India (Chairperson, ex officio) ▪ Two other senior judges of the Supreme Court next to the Chief Justice of India – ex officio ▪ The Union Minister of Law and Justice, ex-officio ▪ Two eminent persons (one of which would be from the SC or ST or OBC or Minority communities or a woman ), for 3 yrs, not eligible for re-nomination, to be nominated by a committee consisting of : ▪ Chief Justice of India ▪ Prime Minister of India ▪ Leader of opposition in the Lok Sabha ( where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha) Functions of the Commission ▪ Recommending persons to president for appointment as ▪ Chief Justice of India, ▪ Judges of the Supreme Court, ▪ Chief Justices of High Courts and other Judges of High Courts. ▪ Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court ▪ Ensuring that the persons recommended are of ability and integrity.
Appointment of Acting CJ, Additional Judges & Ad Hoc Judges – High Court
Appointment of acting CJ By President if CJ is ill or incapable to serve
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Duly qualified persons as additional judges , for a period of not extending Appointment of 2 years (when President thinks that there is temporary increase in business additional judges of HC)
CJ of HC with prior permission to President may request retired HC Ad hoc judges judges to sit & act as a judge of HC for a temporary period
Tenure of High Court Judges ▪ 62 Years ▪ Any dispute regarding the age of judge of HC is decided by President in consultation with CJ of India
Removal of High Court Judges ▪ HC judge can resign by writing to President; or ▪ By same removal process as in case of SC judges
Salary of High Court Judges ▪ CJ → 90,000 ▪ Others → 80,000 ▪ From consolidated fund of State
Oath → before Governor (Unlike before President as in case of Supreme Court)
Qualification for High Court Judges ▪ Must be citizen of India ▪ Must have held a judicial office in territory of India for atleast 10 years or ▪ Must have been an advocate of HC in succession for 10 years
After retirement a judge of HC can not plead in a court or before any authority in India except in SC or HC other than in which he held office
Jurisdiction of High Court Original Jurisdiction ▪ In civil cases with amount > 2000 ▪ In criminal cases, authorised to them by President Magistrates
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Appellate Jurisdiction ▪ All HCs entertain appeals in civil & criminal cases from their subordinate courts. ▪ They have, however, no jurisdiction over tribunals established by the law relating to armed forces of the country
Writ Jurisdiction ▪ Jurisdiction to issue writs under HC is larger than the SC. ▪ SC can issue them only where a FR has been infringed whereas a HC can issue them, not only in such cases but also where an ordinary legal right has been infringed
Administrative & supervisory Functions of HC ▪ HC supervise & controls the working of courts subordinate to them ▪ Frame rules & regulations for transactions of their business ▪ For ex. Transfers, Postings, Promotions etc. ▪ Not applicable in case of tribunals dealing with armed forces ▪ “HC acts as court of records & has power to punish its own contempt”
Public interest litigation (PIL) – Appellate Jurisdiction ▪ Right to entertain PIL cases lies with Supreme Court and High Court only. ▪ A tool of judiciary to enforce legal & constitutional obligations towards executives & legislatures in interest of public at large ▪ Basic aim of PIL is to render justice & help in promotion of well-being of public interest (not of individual’s interest → In individual’s case , writ petition for FR) ▪ Usually, relief provided by court is in form of directions or order of state including compensation to affected parties
A PIL may also be introduced in a court of law by the court itself (suo motu), rather than the aggrieved party or another third party. It is a result of judicial activism, not mentioned in constitution or any law enacted by Parliament.
State Judiciary ▪ High Court ▪ System of subordinate courts, with HC at apex
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Subordinate Courts → District Courts
Civil cases → District Judges Criminal cases → Session Judges
Appointed by Governor in consultation with CJ of HC Lok Adalat (People’s court) ▪ Legal services authority act, 1987 gave Statuary status to Lok Adalats ▪ Alternative dispute resolution system developed in India – Works under NALSA ▪ To provide speedy & economic justice to weaker sections of the society ▪ Focus in Lok adalat is on compromise, When no comprise is reached, matter goes back to the court ▪ No advocate, No witnesses examined, No court fee is levied. ▪ Resolves cases which have not yet gone to courts or are pending in courts ▪ Established at Central, state & district level → have their own funds
Revenue courts ▪ Land Revenue → Important source of income for government ▪ Since India is an agrarian country, therefore disputes relating to land revenue are quite common. ▪ Each district has separate courts for its land revenue system ▪ Every dispute relating to land revenue 1st comes before Tehsildar ▪ An appeal against decision of Tehsildar court lies in court of Deputy commissioner /Collector (DM) ▪ An appeal against the decision of DM can be made in court of commissioner / Magistrate ▪ Further appeal can be made in Board of revenue, which forms highest court of land in revenue matters
Full faith & Credit ▪ Final judgment or orders delivered by civil courts in any part of the territory of India shall be capable of execution anywhere in India ▪ Clause only applicable to civil courts not on criminal courts
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Section 5 → Special Provisions States + Union Territories + Schedule & Tribal Areas + Local Governments Special Status of J & K J & K has truly federal relation with the union. J & K got independence on 15th Aug, 1947 along with India, but daunted with the problems of forced annexation with Pakistan, it signed the Instrument of Accession with India & became a part of it ▪ Instrument of Accession → Signed b/w Nehru & Maharaja Hari singh on 26th Oct, 1947 ▪ Under this, India acquired jurisdiction over the state wrt subject of Defence, External affairs & communication ▪ People of J & K elected a sovereign constituent assembly which met for the 1st time on Oct 31, 1951
Article 1 states J & K is a constituent state of Indian union, however Article 370 grants a special status to J & K on the basis of agreement concluded at time of J & K accession to Indian union: ▪ J & K has its own constitution apart from Indian constitution (Framed on 17th Nov 1956 & came in force on 26 Jan 1957) ▪ Parliament can not make laws with regards to J & K on subjects stated in state list ▪ Residuary powers lies with legislature of J & K ▪ Follows dual citizenship, only citizens of J & K can take part in elections to state assembly ▪ Only citizens of J & K can acquire, own & dispose of immovable property in J & K ▪ Only national emergency proclaimed on the grounds of war & external aggression shall have automatic extension to J & K. ▪ National emergency proclaimed on the grounds of internal armed rebellion shall not be automatically extended to J & K ▪ Parliament can not change name, boundary or territory of J & K without the concurrence of state legislature ▪ No preventive detention law made by government can have automatic extension to J & K (Note → PMLA is also applicable for J & K) ▪ Union has no power to proclaim a financial emergency to J & K ▪ State government shall be consulted by centre before appointing a person as governor of J&K ▪ Apart from Presidential rule, governor rule can also be imposed for a max. of 6 months ▪ DPSP & Fundamental duties enlisted in Indian constitution are not applicable to J & K ▪ Urdu → Official language of the state ▪ J & K High Court - ▪ Can issue writs only in case of violation of FRs ▪ Cannot declare a law unconstitutional – Lack of Judicial activism
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Special Status Of Jammu And Kashmir Jammu and Kashmir Jammu & Kashmir is an Indian state located at the northern tip. It was ruled by a Maharaja. The state shares border with Afghanistan, Pakistan, and China. In the process, both countries have forcibly grabbed many parts of the state forcibly. But still, the largest portion of the original state of Jammu & Kashmir remains as a state within India. The residents of Jammu and Kashmir live under a separate set of laws and regulation, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
Background In 1947, at the time of independence, the State of Jammu and Kashmir decided not to join either Pakistan or India. India welcomed this decision, but Pakistan attempted to annex the State militarily. The Maharaja sought Indian help to save his territory and people who were being killed and looted by the Pakistani militants. The then Prime Minister Jawaharlal Nehru accepted Jammu & Kashmir’s accession to India. The Maharaja signed the “instrument of Accession” with certain concessions for the autonomy of the State. This special status of the State is enshrined in Article 370 of the Indian Constitution. This Article cannot be amended.
Read more| Importance of Article 370 Important feature of Special Status: 1. The State of Jammu and Kashmir has its own Constitution apart from Indian constitution. 2. This state follows ‘dual citizenship’- Citizenship of Jammu and Kashmir and India. 3. The residuary power of the state lies with the Legislature of the Jammu and Kashmir and not the Parliament of India. 4. Except for defense, foreign affairs, finance and communications, the Parliament needs the state government’s concurrence for applying all other laws. www.pragnyaias.com 7288081111
5. The national emergency declared in the ground of war or external aggression shall have an automatic extension to the State. 6. The national emergency proclaimed on the grounds of armed rebellion, shall not have an automatic extension to Jammu and Kashmir. 7. The Governor of the State is to be appointed only after consultation with the Chief Minister of that State. 8. Financial Emergency under Article 360 of Indian constitution cannot be imposed on the State. 9. Directive Principle of Policy and Fundamental duties enshrined in the Indian constitution are not applicable to Jammu and Kashmir. 10. Apart from the President‘s rule, the Governor’s rule can also be imposed on the State for a maximum period of six months. 11. The preventive detention laws as mentioned in Article 22 of Indian constitution do not have an automatic extension to the State. 12. The name, boundary or territory of the State of Jammu and Kashmir cannot be changed by the Parliament without the concurrence of the State Legislature. 13. Article 19(i) (f) and 31 (2) of Indian constitution have not been abolished for this State and ‘Right to property’ still, stands guaranteed to the people of Jammu and Kashmir. This is what has changed in Jammu and Kashmir
Context: The Centre government revoked Article 370 of the Constitution which gives special status to Jammu and Kashmir and brought in the J&K Reorganisation Bill 2019 which splits the state into two Union Territories: Jammu and Kashmir with an Assembly and Ladakh without one. After the Union Cabinet’s decision, Union Home Minister proposed to scrap Article 370 and moved two resolutions and two Bills in the Rajya Sabha.
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The Jammu and Kashmir Reorganisation Bill, 2019: The Bill provides for reorganisation of the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. The Bill reorganises the state of Jammu and Kashmir into: • The Union Territory of Jammu and Kashmir with a legislature, and • The Union Territory of Ladakh without a legislature. 1. The Union Territory of Ladakh will comprise Kargil and Leh districts, and the Union Territory of Jammu and Kashmir will comprise the remaining territories of the existing state of Jammu and Kashmir.
• The Union Territory of Jammu and Kashmir will be administered by the President, through an administrator appointed as the Lieutenant Governor. The Union Territory of Ladakh will be administered by the President, through a Lieutenant Governor appointed by him.
• The Union Territory of Jammu and Kashmir will have a Council of Ministers of not more than ten percent of the total number of members in the Assembly.
• The Council will aide and advise the Lieutenant Governor on matters that the Assembly has powers to make laws. The Chief Minister will communicate all decisions of the Council to the Lieutenant Governor.
• The High Court of Jammu and Kashmir will be the common High Court for the Union Territories of Ladakh, and Jammu and Kashmir.
• Further, the Union Territory of Jammu and Kashmir will have an Advocate General to provide legal advice to the government of the Union Territory.
• The central government will appoint Advisory Committees, for various purposes, including:
1. Distribution of assets and liabilities of corporations of the state of Jammu and Kashmir between the two Union Territories, 2. Issues related to the generation and supply of electricity and water, and 3. Issues related to the Jammu and Kashmir State Financial Corporation. 4. These Committees must submit their reports within six months to the Lieutenant Governor of Jammu and Kashmir, who must act on these recommendations within 30 days.
Has Article 370 been scrapped? The Constitution (Application to Jammu and Kashmir) Order, 2019, issued by President Ram Nath Kovind “in exercise of the powers conferred by Clause (1) of Article 370 of the Constitution”, has not abrogated Article 370. www.pragnyaias.com 7288081111
• While this provision remains in the statute book, it has been used to withdraw the special status of Jammu and Kashmir. • The Presidential Order has extended all provisions of the Indian Constitution to Jammu and Kashmir. • The Governments of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers. • This is the first time that Article 370 has been used to amend Article 367 (which deals with Interpretation) in respect of Jammu and Kashmir, and this amendment has then been used to amend Article 370 itself. • Article 35A stems from Article 370, and was introduced through a Presidential Order in 1954. • Article 35A does not appear in the main body of the Constitution. Article 35 is followed by Article 36 but appears in Appendix I. • Article 35A empowers the Jammu and Kashmir legislature to define the permanent residents of the state, and their special rights and privileges. • Now, the Presidential Order has extended all provisions of the Constitution to Jammu and Kashmir, including the chapter on Fundamental Rights. • Therefore, the discriminatory provisions under Article 35A are now The President may also withdraw Article 35A. • This provision is currently under challenge in the Supreme Court on the ground that it could have been introduced in the Indian Constitution only through a constitutional amendment under Article 368, and not through a Presidential Order under Article 370. • However, Now, the Presidential Order, too has amended Article 367 without following the amending process.
Central Government Argument: How Articles 370, 35A killed Jammu & Kashmir’s economy: Prime Minister Narendra Modi stated that Article 35A and 370 held back development in Jammu & Kashmir. There must be investment and job opportunities in Jammu and Kashmir. Article 35A, 370 have been standing in the way of development. No one goes there to invest. We can build IIMs, but professors are not ready to go there as their children don’t get admission in schools. They can’t find homes. This ends up harming the interests of J&K. Therefore, the past policies needs to be reviewed. According to Centre for Monitoring Indian Economy’s (CMIE) monthly time-series data on unemployment, Jammu & Kashmir had the highest monthly average unemployment rate of 15 per cent between January 2016 and July 2019 among all the states. It is more than double the national monthly average unemployment rate of 6.4 per cent during the period. Most of the manufacturing activity in the state has remained restricted to the state’s inherent capacities in agriculture and handicrafts. With the passage of time, the policy makers and the industry continued cobbling many other relaxations that led to a variegated basket of industry incentives. www.pragnyaias.com 7288081111
Integration already done, now happened is removal of Autonomy: Article 3 of the Jammu and Kashmir constitution itself declares the state to be an integral part of India. In the preamble of the Jammu and Kashmir constitution, not only is there no claim to sovereignty like in the Constitution of India, there is, rather, a categorical acknowledgment that the object of the Jammu and Kashmir constitution is “to further define the existing relationship of the state with the Union of India as its integral part thereof”. Integration thus, was already complete. Article 370 merely gave some autonomy to Jammu and Kashmir, which has now been withdrawn. It will most likely be challenged in Supreme Court. However, the Supreme Court will consider that Article 370 does, indeed, give sweeping powers to the President. It might also take two to three years for a Constitution Bench of the court to decide such a challenge.
Conclusion: India has used Article 370 at least 45 times to extend provisions of the Indian Constitution to J&K. This is the only way through which, by mere Presidential Orders, India has almost nullified the effect of J&K’s special status The special status of J&K was meant to end, but only with the concurrence of its people. The Centre’s abrupt move disenfranchised them on a matter that directly affected their life and sentiments. Moreover, that this was done after a massive military build-up and the house arrest of senior political leaders, and the communications shutdown reveals a cynical disregard of democratic norms. The significant move, in theory, opens up potential opportunities for development-led economic growth in the Union Territories of J&K and Ladakh. Thus, the move is bound to have a significant impact on the demography, culture, and politics of J&K. Whatever its intent in enabling the full integration of Jammu and Kashmir with India, this decision to alter the State’s status could have unintended and dangerous consequences. Article 370 and 35(A) Revoked On 5th of August 2019, the President of India promulgated the Constitution (Application to Jammu and Kashmir) Order, 2019. ▪ The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of Article 370 - whereby provisions of the Constitution which were applicable to other states were not applicable to Jammu and Kashmir (J&K). ▪ According to the Order, provisions of the Indian Constitution are now applicable in the State. ▪ This Order comes into force “at once”, and shall “supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.”
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▪ A separate Bill - the Jammu and Kashmir Reorganisation Bill 2019 - was introduced to bifurcate the State into two separate union territories of Jammu and Kashmir (with legislature), and Ladakh (without legislature). ▪ Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 was also introduced to extend the reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs in Jammu and Kashmir.
History ▪ J&K acceded to the Dominion of India after the Instrument of Accession was signed by Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, on 26 October 1947. ▪ Article 370 of the Indian Constitution provided that only Articles 1 and 370 itself would apply to J&K. The application of other Articles was to be determined by the President in consultation with the government of the state. ▪ The Constitution Order of 1950 specified the matters on which the Union Parliament would be competent to make laws for J&K, in concurrence with the Instrument of Accession - 38 Subjects from the Union List were added. ▪ The Constitution (Application to Jammu and Kashmir) Order, 1954 settled the constitutional relationship of J&K and the Union of India. It made the following provisions - ▪ Indian citizenship and all related benefits (fundamental rights) were extended to the 'permanent residents' of Jammu and Kashmir. ▪ Article 35A was added to the Constitution (empowering the state legislature to legislate on the privileges of permanent residents with regard to immovable property, settlement in the state and employment) ▪ The jurisdiction of the Supreme Court of India was extended to the State. ▪ Central Government was given the power to declare a national emergency in the event of external aggression. The power in case of internal disturbances could be exercised only with the concurrence of the State Government. ▪ Normalized the financial relations between the Centre and J&K Article 370 - Features and Provisions ▪ Present in part XXI of the Indian Constitution which comprises of Temporary, Transitional and Special Provisions with rest to various states of India. www.pragnyaias.com 7288081111
▪ Forms the basis of the “Special Status” of J&K. ▪ Provides for a separate Constitution of J&K. ▪ Limits the Union Parliament’s power to make laws for J&K to those subjects mentioned in the Instrument of Accession (defense, foreign affairs, and communications) and others as and when declared by the Presidential Orders with the concurrence of the Government of the State. ▪ Specified the mechanism by which the Article shall cease to be operative. That is, on the recommendation of the Constituent Assembly of the State before the President issues such a notification. However, this provision has been amended by the Constitution (Application to Jammu and Kashmir) Order, 2019. Was it Temporary ▪ The Article was introduced to accommodate the apprehensions of Maharaja Hari Singh who would not have acceded to India without certain concessions. ▪ Territorial integrity was of paramount importance to India post-independence, thus, such a special provision was inducted in the constitution. ▪ The provision, however, is part of the “Temporary, Transitional and Special Provisions” of our constitution. ▪ Moreover, Article 370 could be interpreted as temporary in the sense that the J&K Constituent Assembly had a right to modify/delete/retain it; it decided to retain it. ▪ Another interpretation was that accession was temporary until a plebiscite. Issues in Revoking ▪ Article 370 is the bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India. ▪ It has been described as a tunnel through which the Constitution is applied to J&K. ▪ India has used Article 370 at least 45 times to extend provisions of the Indian Constitution to J&K. This is the only way through which, by mere Presidential Orders, India has almost nullified the effect of J&K’s special status. ▪ By the 1954 order, almost the entire Constitution was extended to J&K including most Constitutional amendments. ▪ However, abrogating the article altogether may threaten the peace in the state which is already a hotspot of conflicts and militancy. ▪ It will completely change the relationship between the state and the rest of India. ▪ It will also clear the path for abrogating Article 35A which would allow Indian citizens to purchase land and settle permanently in J&K. ▪ Thus, the move is bound to have a significant impact on the demography, culture, and politics of J&K. Special Provisions for states (Article 371) Article 371 → Special Provisions for Maharashtra & Gujrat President is authorised to provide that Governor of Maharashtra & Gujrat would have special responsibilities for: ▪ Establishment of separate development boards for Vidarbha, Marathwada & rest of Maharashtra + Kutchh & rest of Gujrat
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▪ A report on working of these boards will be placed each year before state legislative assembly ▪ Equitable allocation of funds for developmental expenditure over the mentioned areas ▪ Equitable arrangements providing adequate facilities for technical education, vocational training & adequate opportunities for employment in state services Article 371 – A → Special Provisions for Nagaland ▪ Act of parliament relating to following matters would not apply to Nagaland unless state assembly so decides:
▪ Religious & social practices of Nagas ▪ Nagas customary law & procedure ▪ Administration of civil or criminal justice involving decisions according to Naga customary law ▪ Ownership & transfer of land & its resources
▪ Special responsibility of governor wrt law & order in the state (after consulting COMs, but his decision will be final) regarding internal disturbances occurring in Naga hills mainly in Tuesang area (Special responsibility ceases if President directs so) ▪ Governor has to ensure that money provided by the GOI out of consolidated fund of India for any specific purpose, is included in the demand for grant relating to that specific purpose only, not any other ▪ A regional council for Tuensang district, consisting of 35 members should be formed & governor in his discretion shall make all the rules & terms regarding this council ▪ For a period of 10 years, from formation of state of Nagaland or for further period as specified by Governor, on recommendations of regional council, following provisions would be operative for Tuensang district:
▪ Administration of Tuensang district shall be carried on by the governor ▪ Governor in his discretion shall arrange for equitable distribution of money, b/w Tuensang district & Rest of Nagaland, provided by center ▪ There shall be a minister for Tuensang affairs in state COMs ▪ Final decision on all matters relating to Tuensang district shall be made by governor in his discretion ▪ Members in Nagaland assembly from the Tuensang district are not elected directly by the people but by regional council.
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Article 371 – B → Special Provisions for Assam ▪ President may provide for the constitution & functions, a committee of Legislative assembly of the state, consisting of members of that assembly elected from the tribal area of Assam ▪ President can also direct that the governor shall have special responsibility to secure proper functioning of that committee
Article 371 – C → Special Provisions for Manipur ▪ President may provide for the constitution & functions, a committee of Legislative assembly of the state, consisting of members of that assembly elected from the hill areas of Manipur. ▪ President can also direct that the governor shall have special responsibility to secure proper functioning of that committee ▪ Governor should submit an annual report to the President regarding the administration of Hill areas Article 371– D → Special Provisions for Andhra Pradesh ▪ President is empowered to provide equitable opportunities & facilities for people belonging to different parts of the state in matter of public employment & education ▪ For above purpose, President may require the state government to organize civil posts in local cadre for different parts of the state & also provide for direct recruitment to posts in local cadre (or in any such educational institution) ▪ President may provide for establishment of an administrative tribunal in state to deal with certain disputes, relating to appointment, allotment or promotion to civil posts in state. ▪ Only SC is to exercise jurisdiction over such tribunal which means they are outside the purview of HC (President may abolish the tribunals if he thinks it is not necessary)
Article 371 – E → Special Provisions for Sikkim ▪ Legislative assembly shall not less than 30 members + 1 seat from the state in Lok Sabha & 1 in parliamentary constituency ▪ For the purpose of protecting the rights & interest of different sections of Sikkim population, Parliament is empowered to provide number of seats in Sikkim administrative assembly for the people belonging to such sections ▪ Governor in his discretion (On direction of President) have special responsibility for peace & equitable arrangement for socio- economic development of different sections of Sikkim Article 371 G → Special Provisions for Mizoram ▪ Legislative assembly shall not be less than 40 members ▪ Act of parliament relating to following matters would not apply to Mizoram unless state assembly so decides : www.pragnyaias.com 7288081111
▪ Religious & social practices of Mizo ▪ Mizo customary law & procedure ▪ Administration of civil or criminal justice involving decisions according to Mizo customary law ▪ Ownership & transfer of land & its resources Article 371 H → Special provisions for Arunachal Pradesh ▪ Legislative assembly shall not be less than 30 members ▪ Governor of Arunachal Pradesh , on directions of President, shall have special responsibility for law & order in state ( May consult with COMs but his decision will be final) Article 371 – I → Special provisions for Goa ▪ Legislative assembly shall not be less than 30 members Union territories – India Union territories do not take part in federal structure of the country + No uniform system of administration as parliament has the power to prescribe the structure of administration. Under direct control of Union based on
Cultural Distinctiveness Pondicherry, Daman & Diu, Dadar & Nagar Haveli
Strategic Importance A & N islands, Lakshadweep
Political & administrative consideration Delhi & Chandigarh President may appoint Governor of a state as administrator of adjoining UT, who shall exercise his functions independent of his COMs
Lieutenant Governor Delhi, Pondicherry & A & N islands
Administrator (IAS Officer) Chandigarh, Dadar & Nagar Haveli, Daman & Diu & Lakshdweep
Points of Prominence ▪ UT of Pondicherry & Delhi → Legislative assembly with Council of Ministers & Chief Minister ▪ Size of COMs is to be 10 % max. of legislative assembly
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▪ Parliament can make laws on any subject given in 3 lists ( Power also extends to Delhi & Pondicherry even though they have their own legislature) ▪ Pondicherry & Delhi can also make laws on any subject of state list & concurrent list except laws related to Public order, Police & land ▪ President may frame regulations for peace, progress & good governance for all UTs except Delhi & Pondicherry ▪ Parliament is empowered to constitute a high court for any of the UT or even can declare an existing court there as high court
Delhi HC of Delhi Lakshadweep Kerala HC
HC of Punjab & Chandigarh Haryana A & N Island Calcutta HC
Dadar & Nagar Haveli, Pondicherry HC of Chennai Daman & Diu Bombay HC
Advisory Committee Link b/w Parliament & UT, consulted by Government in regards to: ▪ General questions of policy relating to administration of subjects in state list ▪ All legislative proposals in state list pertaining to the territories ▪ Matters relating to annual financial statement of territories 69th Amendment 1991 ▪ UT of Delhi shall be called National capital territory & shall have a legislative assembly with members, chosen directly by people from territorial constituencies ▪ Assembly shall make laws on matter enumerated in state list (Except matters of Public order, Police & land) ▪ If any provision of law, made by legislative assembly wrt any matter which is repugnant to any provision of law made by parliament wrt that matter, then law made by parliament shall prevail & law made by LA shall to the extent of repugnancy, be void ▪ If law made by LA is preserved for consideration of President & has received his assent, then such law shall prevail in NCT, however, parliament can make laws adding to, varying or repealing laws made by LA ▪ There shall be COMs, not more than 1/10th of total members of LA, with CM at its apex to aid & advice Lt. governor in exercise of his functions ▪ In case of difference b/w opinions of COMs & Lt. governor, Lt. governor shall refer it to the President for his decision & shall act according to directions given by President
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Scheduled & Tribal Areas (Article 244) Article 244 (1) → Provisions of 5th schedule shall apply to administration & control of schedule areas in every state other than Meghalaya, Tripura, Assam & Mizoram Article 244 (2) → Provisions of 6th schedule shall apply to administration & control of tribal areas of Meghalaya, Tripura, Assam, & Mizoram
5th Schedule → Administration of Scheduled Areas ▪ Governor of each state having scheduled areas have to submit a report to the President annually or whenever so required by the President ▪ Executive powers of union extends to giving directions to the state regarding administration of these areas ▪ A tribal advisory council consisting of not more than 20 members should be established in each state having scheduled areas therein, for their advancement & welfare ▪ Governor is empowered to direct that any particular act of parliament or state government does not apply to scheduled areas or if applied, then with specific modifications & exceptions ▪ Constitution provides for appointment of a commission to report on administration of scheduled areas & welfare of scheduled tribes in the state. President can appoint such commission at anytime but compulsorily after 10 years from commencement of constitution
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6th Schedule → Administration of Tribal areas ▪ Tribal areas in state of Assam, Meghalaya, Tripura & Mizoram have been constituted as autonomous districts (i.e. falls under the executive authority of state concerned) ▪ President at any time by order direct that whole or any specified part of schedule area ceases to be a scheduled area or may increase the scheduled area in state after the consultation with the governor of the state ▪ If there are different tribes in an autonomous districts, governor can divide the district into several autonomous regions ▪ Each autonomous district has a district council of 30 members + each autonomous region also has a separate regional council ▪ District & Regional councils are empowered to assess & collect land revenue & impose certain specified taxes ▪ Governor can appoint a commission to examine & report of any matter relating to administration of autonomous district of regions. www.pragnyaias.com 7288081111
▪ He may also dissolve a district or regional council on the recommendation of appointed commission. Autonomous Councils Under Sixth Schedule
Famous Tribes of India Jarawa, Onge, Sentinelese Andman
Shorn Pens, Holchu Nicobar
Palaeo Mongoloids Assam, Meghalaya, Mizoram, Nagaland, Manipur.
Tibeto -Mongoloids Sikkim and Arunachal Pradesh
Mundas, Santhals, Oraons Chhotanagpur Plateau
Gonds, Kondhs Central Vindhyachal + Deccan Plateau
Gaddi, Kinner, Phangwal, Lahuli Himachal Pradesh
Jaunsari, Bhotia, Raji, Buxa, Tharu Uttar Pradesh , Uttarakhand
Anal, Chiru and Konkanas + Kollam Maharashtra
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Mala and Savara tribes West Bengal
Bhuiya tribe Madhya Pradesh
Banjaras, Moghias and Sathiyas Rajasthan
Bhil + Maldhari (Gir lions) Gujrat
Oraon, Munda, Chero, Parchaiya, Santhal, Asuras Bihar
Bhuiya, Baiga, Dharua, Gaaro, Ho, Koli, Lodha Orissa
Bakarwal J & K
Oorali, Sholagar, Irular and Badaga TN
Hakki-Pikki, Korgas, Kurubas, Soliga Karnataka
Kadars, Irulars , Paniyans, Korgas, ooralis Kerala
Local Government System in India Local Governance in India, has been formalized under the Panchayati Raj System since 1992. The Panchayati Raj system is a three-tier system with elected bodies at the village, taluk and district levels. The modern system is based in part on traditional panchayat governance, in part on the vision of Mahatma Gandhi and in part by the work of various committees to harmonize the highly centralized Indian governmental administration with a degree of local autonomy. 73rd constitutional amendment act, 1992 – 11th Schedule Compulsory Provisions ▪ Organisation of Gram sabha ▪ Creation of 3 tier panchayati raj at District, Block & Village level ▪ All the seats in panchayati raj shall be filled by people chosen by direct elections from territorial constituencies in panchayat areas ▪ Minimum age for contesting for elections to panchayats is 21 years, for fixed 5 years tenure ▪ Reservation of seats for SC/ ST in panchayats shall be in proportion of their population www.pragnyaias.com 7288081111
▪ Reservation of women in Panchayats is upto 33 % ▪ Each state is to constitute a state election commission to conduct elections & state finance commission every 5 years to review financial positions of the panchayats Voluntary Provisions ▪ Providing reservation for backward classes ▪ Giving voting rights to members of union & state legislatures in these bodies ▪ Giving panchayats financial autonomy & powers to levy taxes, fees etc.
Salient Features of the act Gram Sabha ▪ Adult people (above 18 years) register in electoral rolls relating to a village comprised within the area of Panchayat. ▪ Meet twice a year (April 13 & Oct 3) & exercise functions as state legislature determines ▪ In other words, Gram sabha is village assembly of registered voters within panchayat area to discuss issues related to their areas
3 Tier System ▪ Act provides for a 3 tier system of panchayati raj in every state i.e. Panchayats at village, intermediate & district level ▪ However, a state having population less than 20 lakhs may not have intermediate level ▪ Members of Rajya sabha, Lok sabha & state assembly in district may be included in intermediate level panchayat, in which they are registered as an elector Election of Members & Chairperson ▪ All the members of the panchayat at village, intermediate & district levels shall be elected directly by the people ▪ Chairperson of panchayat (at intermediate & district levels) shall be elected indirectly by & among the elected members thereof ▪ Chairperson of panchayat at village level shall be elected in such a manner as the state legislature determines
Reservation of seats ▪ Reservation of seats of SC & ST (at all 3 levels) shall be in proportion of, their population to total population in panchayat area ▪ Further, state legislature shall provide for reservation of offices of chairperson in panchayat at all levels for SCs & STs ▪ Reservation of not less than 1/3rd of total no. of seats for women, including number of seats reserved for women belonging to SCs & STs ▪ Further, not less than 1/3rd of total no. of offices of chairperson in the panchayats at each level shall be reserved for women www.pragnyaias.com 7288081111
Duration of panchayats ▪ Every panchayat shall continue for 5 yrs from the date of its 1st meeting ▪ It can be dissolved earlier in accordance with the procedure prescribed by the state legislature ▪ In case, it is dissolved earlier, elections must take place within 6 month of its dissolution
Qualification ▪ Same as state legislature but must have attained a minimum age of 21 ▪ Shall be qualified as a member of panchayat by any law made by state legislature
Powers & Functions ▪ It is for the state legislature to determine as to what powers are to be assigned to the panchayats to enable them to function as an institution of self-government ▪ Powers shall be assigned mainly for social justice & economic development with regards to 29 matters, included in 11th schedule Financial matters State legislature may: ▪ Authorise a panchayat to levy, collect & appropriate taxes, duties tolls & fees ▪ Assign to panchayat to appropriate taxes, duties, tolls & fees levied & collected by state government ▪ Provide for making grants in aid to panchayats from consolidated fund of India ▪ Provide for constitution of funds for crediting money to panchayats
State Finance commission Within 1 year of coming into force of this act & henceforth every 5 years, state gov. (Governor) shall appoint a state finance commission, to review the financial positions of the panchayats & to suggest different means to enhance the same
State Election commission State election commissioner shall be appointed by governor to suprident, direct & control elections of panchayats including preparation of electoral rolls. He can be removed on the same grounds as a judge of HC & his tenure shall be determined by the Governor
Bar on interference by the courts ▪ The act bars the interference by courts in electoral matters of the panchayats ▪ It declares that validity of any law relating to delimitation of constituencies or allotment of seats to such constituencies can not be questioned in any court
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▪ Further, no election to any panchayat is to be questioned except by an election petition, presented to such authority & in a manner provided by state legislature
Exempted states & Areas ▪ Act does not apply to J & K, Nagaland, Meghalaya, Mizoram, Hill areas of Manipur, Darjeeling & certain other areas ▪ However, parliament may extend its provisions to these areas under PESA, 1996 (Provision to panchayat extension to scheduled areas)
74th amendment act, 1992 → 12th schedule Municipal councils (Nagar Palika) For smaller urban areas
Nagar Panchayats For semi urban areas
Municipal corporations For larger urban areas
▪ All the members of municipality shall be elected directly by people of municipal area. ▪ For this purpose, each municipal area shall be divided into territorial constituencies known as wards ▪ State legislature may provide a manner of election of chairperson of municipality
Ward committees → consisting of 1 or more wards within the territorial area of municipality having population of 3 lakh or more
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Reservation of seats ▪ For SC, ST in every municipality, in proportion of their population, to total population in municipal area ▪ Further reservation of not less than 1/3rd of total number of seats for women, including number of seats reserved for women belonging to SCs & STs ▪ State legislature may provide for manner of reservation of offices of chairpersons in municipalities for SCs, STs & women
Duration → 5 years ▪ Elections to constitute a municipality shall be completed well before the expiry of duration of 5 years (same as panchayats) & in case of dissolution, within 6 months from date of dissolution ▪ A municipality constituted upon the dissolution of municipality before the expiration of its duration, it shall continue only for the remainder period, for which the dissolved municipality would have constituted, had it not been dissolved ▪ 74th amendment also envisage setting up of committees for district planning, to consolidate the plans prepared by panchayats & municipalities in district & to prepare a draft development plan for the district as a whole “Finance commission, Election commission, duties same as Panchayats” Section 6 → Center-State Relations + Tribunals + Language + Emergency provisions + Anti-Deflection Law + Parliamentary Committees Center State Relations Union List 100 items (Exclusive authority of Union)
Concurrent list 52 items (Authority of both center & state)
61 Items ( 5 items transferred to concurrent list by 42 amendment; viz. Education, forests, Justice, Weight & measures and Protection of State List wildlife, animals & birds) Under certain conditions, constitution authorizes union government to extend its jurisdiction over matters included in state list viz.
When a proclamation of emergency is in force, parliament can legislate on matters included in all 3 lists
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Article On breakdown of constitutional machinery in state, parliament can take 356 over legislative authority of the state
Article Empowers Rajya Sabha to transfer any matter in state list to legislative 249 jurisdiction of parliament by a resolution passed by 2/3rd of the majority
If legislature of 2 or more states passes a resolution that a desirable law shall be passed by parliament on any matter enumerated in state list, then parliament can make laws regulating that matter. Any other state can also Article adopt such law by passing a resolution but these laws can be amended / 252 repealed by parliament only
Empowers parliament to make laws for whole or any part of Indian Article territory for implementing international agreements & conventions, even if 253 the subjects covered by such treaties & agreements falls within state list
Residuary powers have been paced under legislative jurisdiction of the parliament
Central control over state legislation Apart from above, constitution also provides for centre’s consent, before a bill passed by state legislature becomes a law: A state law providing for compulsory acquisition of private property shall have no effect without Presidential assent
Grants immunity to laws providing for agrarian reforms from article 14 & Article 19 but immunity of article 31 A shall not be available to state laws unless 31A it receives Presidential assent
Directs governor of state to reserve a bill passed by state legislature for Article the consideration of President, if in his opinion, law if passed, would 200 derogate the powers of HC
Authorize a state to levy tax wrt water & electricity, being distributed, used or sold by any authority, established by law made by parliament. But Article no such law shall be valid unless it has been resent for consideration of 288 (2) the President & have received his assent
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Authorize a state legislature to impose reasonable restrictions on freedom of trade, commerce & intercourse within the state in public interest, but Article such law can not be introduced in state legislature without prior sanction 304 (b) of President
Administrative Relations between Center & States ▪ Union-state administrative relations in India are organized so as to enable the union government to exercise considerable direction & control over administrative machinery of the state ▪ Union government has been armed with the powers of giving directions to state & has been given certain other powers to promote interstate coordination + settle interstate river water disputes ▪ For above purpose, President may appoint interstate councils (Advisory in nature) to effect coordination b/w the states
Financial Relations between Center & States Financially strong centre, so much that states are almost completely dependent upon the union for financial assistance. While proceeds of all the taxes within the state list are entirely retained by the state, proceeds of some of the taxes in union list are allotted wholly or partially to the states. ▪ Stamp duties + Duties of excise on medicinal & toilet preparations are mentioned in union list & are levied by central government but collected by state government ▪ Taxes levied & collected by union but assigned to states: ▪ Duties wrt succession of property other than of agricultural land ▪ Estate duty wrt succession of property other than of agricultural land ▪ Terminal taxes on goods or passengers carried by railways, sea or air ▪ Taxes on railway’s freight & fare ▪ Taxes levied & collected by the union but distributed b/w union & states → Income tax (Not including corporate tax).
Grant in aids & Loans ▪ Prime objective is promoting welfare of STs & raise administration of scheduled areas ▪ Parliament make grants to give financial assistance to states to help overcome budgetary deficits ▪ Specific budget grants to states, as in case of jute producing states like WB, Assam, Bihar & Orissa, in lieu of share of Jute export duty, levied by government ▪ Union can make grants for any public purpose for various national development schemes
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▪ Union provides many other grants to states from time to time which mean states depend greatly on Union to get loans. A state government can only borrow within India & can not raise a new loan without the consent of Union government, if there is an outstanding on previous loans ▪ Constitution provides for appointment of finance commission by President every 5 years to advise him regarding distribution of resources b/w union & states & other revenue matters ▪ Niti Ayog also plays a vital role in financial relations b/w centre & states. It decides outlays of the plans for the country which in turn decides amount of money to be given to various states
Cooperative Federalism ▪ In exigencies of war, national interest takes precedence over fine points of centre – state divisions of powers ▪ Substitution of primary police state by welfare state, where varied social services or technological advancement requires huge outlays & state government could not meet them on their own resources
Supreme Court Doctrines in context of legislative relations b/w Centre & States Doctrine of Pith & Substance ▪ Within their respected areas of authority, Union & state legislatures are supreme & are not supposed to encroach upon others sphere ▪ If a new law passed by one encroaches upon the subject, held & assigned by the other, court will apply Doctrine of Pith & Substance ▪ If it is found that law in substance is within the subjects assigned to that legislature & intention of law is genuine, the law shall be valid, even though there is some overlapping. ▪ Hence, there can not be watertight division of powers b/w centre & the state, because if it is, it would made several laws invalid on simple grounds of overlapping
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Doctrine of Colorable legislation ▪ In federal government, transgression of its limit of powers by a legislature may be overt or covert. When the legislation is indirect & covert, it is known as colorable legislation ▪ In this, although the subject on which legislature make laws falls within its legislative competence in exterior appearance but its real motive is to transgress the powers of other legislature covertly ▪ In this, case applying the Doctrine of colorable legislation, court can invalidate the entire law which means, what legislature can not do directly, it can not do the same indirectly also
Interstate councils ▪ President is empowered to constitute an interstate council, if at any time it appears to him that public interest would be served thereby ▪ Establishment → May 1990, on recommendations of Sarkaria commission ▪ Meet 3 time a year with proceedings under camera
Members ▪ PM (Ex-officio chairperson) ▪ 6 union ministers (as appointed by PM) ▪ CM of all the states & UTs ▪ Administrators of UTs
Largely based on GOI act of 1935; ISC has 3 specific duties viz. ▪ To enquire into & advice upon disputes arose b/w states ▪ To investigate & discuss subjects on which states or union + states have common interest ▪ To make recommendations on these subjects for better coordination of policy & action Civil Services in India The Civil Services of India runs the entire administration of the country. The elected ministers of India lay down the policies required to properly run the administrative machinery, which is then carried out by the civil servants in various central government agencies. ▪ Central services by central government → UPSC ▪ State services by state Government → State PSC ▪ Common services to Union & States → All India Services.
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All India Services ▪ Serve centre as well as states; recruited by ministry of personnel in consultation with UPSC ▪ Are under direct control of ministry for ex. IAS, IPS, IFS ▪ If Rajya sabha passes a resolution supported by not less than 2/3rd of members present & voting, then Parliament may by law provide for creation of one or more all India services (Including All India Judicial services → 42nd amendment) All 3 Services ▪ Member of AISs or Central services hold office during the pleasure of President & in case of state services, of governor ▪ President / Governor may provide for compensation if → ▪ Post is abolished before expiration of contractual period ▪ He is required to vacate the post for reasons not connected with misconduct on his part
Safeguard of Civil Servants ▪ No person holding a civil post under Union or states shall be dismissed or removed by an authority subordinate to appointing authority ▪ No such person is reduced, dismissed or removed in rank except after an enquiry in which he has been informed of the charges against him & given a reasonable opportunity of being heard wrt those charges Union Public service commission ▪ Chairman (appointed by President) ▪ Members (Decided by President → Not Fixed) ▪ 1/2 of the members of commission should be such persons, who have held the office for atleast 10 years, either under GOI or state government
Duration → 6 years / 65 years Removal → By President on following terms
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▪ Guilty of misbehaviour or holds office of profit ▪ Adjudged insolvent ▪ Engages in paid employment outside duties of his office
State or Joint Public service commission State PSC → Chairman + Members → appointed by Governor Joint PSC → Chairman + Members → appointed by President Joint PSC → 2 or more states agree to have joint PSC, Provided a resolution to the effect, passed by legislature of these states in parliament Duration → 6 years or 62 years of age
Points of Prominence ▪ UPSC, if requested by governor, may with approval of President agree to act for a state ▪ Half of the members of every PSC are the officials, who have held the government office (union or state) for atleast 10 yrs ▪ All PSCs are only advisory in nature ▪ Chairman & members of Joint & state PSC can be removed from the office by only the orders of the President ▪ Governor only has power to pass an interim order of suspension, pending the final order of President on report of SC Administrative Tribunals “Tribunals are meant to relieve the courts of overload & expedite the process of justice in interest of affected officials” Administrative Tribunals (Article 323A) ▪ It authorises parliament to setup administrative tribunals for the purpose of setting disputes & complains involving civil services ▪ It also authorize parliament to establish an administrative tribunal for the union & a separate administrative tribunal for state or for two or more states
Central Administrative Tribunal (CAT) → For Union services including AIS The CAT exercises jurisdiction over all service matters concerning the following: ▪ a member of any All-India Service ▪ a person appointed to any civil service of the Union or any civil post under the union ▪ a civilian appointed to any defence services or a post connected with defence However, the members of the defence forces, officers, staff of the Supreme Court and the secretarial staff of the Parliament are not covered under the jurisdiction of CAT. State Administrative Tribunal (SAT) → For states services including state PSC
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Following categories of employees are exempted from purview of Administrative tribunal: ▪ Employees of SC & HC ▪ Armed force professionals ▪ Rajya Sabha & Lok Sabha members
Points of Prominence ▪ SC may grant a writ of certiorari if a tribunal’s decision infringes an FR ▪ Chairman & members of CAT & SAT are appointed by President after consultation with CJ ▪ Chairman & Vice Chairman retire at the age of 65 + Other members retire at the age of 62 ▪ Chairman → Must be a HC judge (Serving/Retired) or VC of tribunal for atleast 2 years ▪ Members of administrative tribunals can be Judges of HC & or from civil services Tribunal for other Services (323B) For jurisdiction of disputes relating to following matters ▪ Taxation ▪ Foreign exchange (export & import) ▪ Land reforms ▪ Industrial & labour disputes ▪ Ceiling on urban property ▪ Election to parliament or state legislature ▪ Rent & Tenancy Issues ▪ Production, procurement & distribution of food stuff Official Language India – 8th Schedule Languages spoken in India belong to several language families, the major ones being the Indo-Aryan languages spoken by 75% of Indians and the Dravidian languages spoken by 20% of Indians. ▪ Official language of Union should be Hindi or Devnagri script ▪ However, for a period of 5 years from the commencement of constitution, English language would continue to be used for all the official purposes of union, for which it was being used before the commencement of constitution ▪ President should, at the expiration of 5 years & thereafter at the expiration of 10 years from such commencement, by order constitute a commission to make recommendations regarding progressive use of Hindi language, restrictions on use of English language & other related issues ▪ Parliament may by law provide for continued use of English language for specified purposes, even after 15 years from the commencement of constitution ▪ A committee of 30 members (20 LS & 10 LS) should be constituted to examine recommendations of commission & to report its views to President
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Regional Languages ▪ Legislature of state may adopt any one or more of languages in use in state or Hindi as official language of the state. Until that is done, English is to continue as official language of the state ▪ For the time being, English would remain the official language for communication b/w state & union or b/w various states. But 2 or more states are free to agree to use Hindi for communication b/w themselves Language of Judiciary ▪ All the proceedings in SC & in every HC as well authoritive text of all bills, acts, ordinances etc. should be in English unless parliament provides otherwise ▪ Governor of the state, with previous consent of the President can authorize the use of Hindi or any other official language of the state in the proceeding of the HC of state, but not wrt the judgment, Decrees & order passed by it Emergency Provisions in India Article 352 → Proclamation of Emergency National Emergency
External → War or external aggression Internal→ By armed rebellions
▪ President can issue a proclamation of emergency only when decision of cabinet is conveyed to him in writing ▪ Proclamation is subjected to judicial review & its constitutionality can be questioned in court of law on grounds of malafidism ▪ Has been issued only 3 times till now → (1962 & 1971 → External; 1975 → Internal) ▪ Every proclamation made under article 352 ( except a proclamation revoking previous proclamation ) should be laid before each house of the parliament & must be approved by them within one month after proclamation is made, by majority of total membership of the house & by a majority of not less than 2/3rd of members of the house present & voting ▪ If parliament fails to approve such proclamation, then it ceases to be in operation on expiry of 1 month after proclamation is made ▪ If parliament approves such proclamation, then it will be in force for 6 months from the date on which it was approved by parliament, unless revoke earlier ▪ It can be approved by parliament any no. of times but not beyond 6 months at a time ▪ If LS stands dissolved before giving approval to proclamation, then RS needs to approve it within 1 month & thereafter should be ratified by LS within 1 month after reconstitution ▪ If LS disapproves a proclamation to its continuance, President shall revoke the emergency ▪ If not less than 1/10th of the members of LS issue a notice with intension of disapproving an emergency to the President, when LS is not in session or to Speaker, if it is in session, www.pragnyaias.com 7288081111
then a special sitting of LS shall be held within 14 days for the purpose of considering such a resolution ▪ FRs under article 19 will be suspended automatically only in case of external emergency ▪ Parliament is empowered to extend by law, life of LS beyond 5 years for a period of not extending 1 year at a time, but in any case not exceeding 6 months after the proclamation of emergency has ceased to be in operation (Same case with state legislative assemblies)
Article 356 → Failure of constitutional machinery in state (Presidential rule) ▪ Must be passed by each house of the parliament by simple majority or cease to operate at expiry of 2 months (Subjected to judicial Review) ▪ Approved for 6 months from the date of approval & can be further extended for a period of 6 months. ▪ However, it can be extended beyond 1 year period but in any case not beyond 3 years from the date of issue of proclamation, if : ▪ A proclamation of national emergency is in operation in that state or in whole India ▪ EC certifies that it is necessary on account of difficulties to hold general elections to state legislature Article 360 → Financial Emergency ▪ A proclamation of financial emergency will remain in force for 2 months, unless before expiry of that period, it is approved by both the houses of parliament by simple majority ▪ Once approved, it will be in force till it is revoked by the President (None Issued so far) Anti Defection Law, 1985 (10th Schedule) Rajiv Gandhi government imposed a ban on defection through 52nd amendment act. The act aims to prohibit undemocratic, unethical & unprincipled political defection by members of legislature, by innovation of an instrument of disqualification. ▪ A member of parliament or state legislature belonging to any political party, shall be disqualified for being a member of that house if: ▪ He voluntarily give up the membership of such political party ▪ An independent member joins a political party after being elected ▪ A nominated member joins a political party after 6 months ▪ A member does not act according to the whips issued by his political party Exceptions ▪ If 1/3rd members of a political party resign from their parent party & form a splinter group ▪ If 2/3rd of members of a political party resign from their parent party & merge with another political party
Exemption ▪ Speaker & Deputy Speaker of LS, Deputy Chairman of RS
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▪ Speaker & Deputy Speaker of LC, Chairman & Deputy Chairman of LA
On subjects of disqualification, decision of chairman / Speaker of the house shall be final. No court shall have jurisdiction under this act wrt members of the house
1991 → SC verdict on Anti Defection Law ▪ Decision of presiding officer of the house on question of disqualification shall be final ▪ Decision of presiding officer of the legislature are open to judicial review ▪ In 1992, court further held that the whip issued by political party is binding on its members, only in case of “Confidence motion, No confidence motion, Money bills & Vote of thanks to President or Governor’s address”. 91st constitutional Amendment act, 2003 ▪ Act debars a defector from holding any public office for the duration of remaining term of the existing legislature or until fresh elections ▪ Size of COMs is to be 15 % max. of lower house at the centre as well as at states. (However, smaller states such as Mizoram, Sikkim etc. would have the liberty of having a minimum of 12 ministers) ▪ Seeks to debar a defector from holding any remunerative political post for the remaining tenure of the legislature or unless re-elected ▪ Omitted exemption of splinter group law from exemption to Anti defection law Parliamentary Committees Parliamentary Committees The work done by the Parliament in modern times is considerable in volume and varied in nature. The time at its disposal is limited (3 sessions only) Hence, It cannot give close consideration to the details of all the legislative and other matters that come up before it. Hence Parliamentary Committees are necessary for detailed study on specific matters & serve following purpose:
Types of Parliamentary Committees Based on purpose and duration ▪ Adhoc Committee → appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report ▪ Committees on Bills (Select and Joint). ▪ Railway Convention Committee. ▪ Committees on the Draft Five Year Plans. ▪ Hindi Equivalents Committee. ▪ Standing Committee (Advisory and Inquiry in Nature) → Standing Committees are permanent committees. Each House of Parliament has Standing Committees
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▪ Business Advisory Committee. ▪ Committee on Petitions. ▪ Committee of Privileges. ▪ Rules Committee.
Based on composition ▪ Select – Single House, ie either LS or RS. ▪ Joint – Both Houses.
Committee on Estimates (Lok Sabha) ▪ Consists of 30 memberswho are elected by the Lok Sabha every year from among its members ▪ Ministers are not allowed to be part of this committee. ▪ The main function is to report what improvements in organisation, efficiency, or administrative reform, consistent with the policy underlying the estimates may be affected.
Committee on Public Undertakings (PUC) ▪ Consists of 15 members elected by the Lok Sabha and 7 members of Rajya Sabha ▪ A Minister is not eligible for election to this Committee. ▪ The term of the Committee is one year. ▪ The functions of the Committee on Public Undertakings are: ▪ to examine the reports and accounts of Public Undertakings. ▪ to examine the reports of the CAG on the Public Undertakings. ▪ to examine in the context of the autonomy and efficiency of the Public Undertakings whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices. ▪ such other functions vested in the Committee on Public Accounts and the Committee on Estimates in relation to the Public Undertakings as are not covered by clauses (a), (b) and (c) above and as may be allotted to the Committee by the Speaker from time to time. Committee on Public Accounts (PAC) ▪ Consists of 15 members elected by the Lok Sabha and 7 members of the Rajya Sabha ▪ A Minister is not eligible for election to this Committee. ▪ The term of the Committee is one year ▪ The main duty of the Committee is to ascertain whether the money granted by Parliament has been spent by Government “within the scope of the Demand”.
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▪ The Appropriation Accounts of the Government of India and the Audit Reports presented by the Comptroller and Auditor General mainly form the basis for the examination of the Committee.
Business Advisory Committee (Lok Sabha) The Business Advisory Committee of Lok Sabha consists of 15 members including the Speaker who is the ex-officio Chairman. ▪ The members are nominated by the Speaker. Almost all sections of the House are represented on the Committee as per the respective strength of parties in the House. ▪ The function of the Committee is to recommend the time that should be allotted for the discussion of such Government legislative and other business as the Speaker, in consultation with the Leader of the House, may direct to be referred to the Committee.
The Committee, on its own initiative, may recommend to the Government to bring forward particular subjects for discussion in the House and recommend allocation of time for such discussions.
Committee of Privileges (Lok Sabha) ▪ This Committee consists of 15 members nominated by the Speaker. ▪ The function is to examine every question involving breach of privilege of the House or of the members of any Committee thereof referred to it by the House or by the Speaker. ▪ It determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report.
Committee on Petitions (Lok Sabha) ▪ The Committee consists of 15 members nominated by the Speaker. ▪ A Minister is not nominated to this Committee. ▪ The function of the Committee is to consider and report on petitions presented to the House. ▪ Besides, it also considers representations from individuals and associations, etc. on subjects which are not covered by the rules relating to petitions and gives directions for their disposal.
Committee on Subordinate Legislation (Lok Sabha) ▪ The Committee consists of 15 members nominated by the Speaker. ▪ A Minister is not nominated to this Committee. ▪ The Committee scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the Constitution or delegated by
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Parliament are being properly exercised by the executive within the scope of such delegation.
Rules Committee (Lok Sabha) ▪ The Rules Committee consists of 15 members including the Speaker who is the ex-officio Chairman of the Committee. ▪ The members are nominated by the Speaker. ▪ The Committee considers matters of procedure and conduct of business in the House and recommends any amendments or additions to the Rules of Procedure and Conduct of Business in Lok Sabha that are considered necessary. Constitutional, Statutory and Quasi-Judicial Bodies What is the difference between statutory and constitutional bodies? Statutory bodies are established by an act of parliament whereas constitutional bodies are mentioned in the constitution and derive their powers from it. Is CBI a statutory body? The CBI is not a statutory body although it derives its powers from the Delhi Special Police Establishment (DSPE) Act, 1946, which was passed in British India. Is NITI Aayog statutory body? NITI Aayog is a non-constitutional and non-statutory body. It is an executive body. Constitutional Bodies Constitutional bodies are important bodies in India that derive their powers and authorities from the Indian Constitution. • They are specifically mentioned in the Constitution, meaning they have dedicated articles. • Any change in the mechanism of these bodies would require a constitutional amendment. • Important bodies such as the Finance Commission, the UPSC, the Election Commission, the CAG, National Commissions for SCs and STc, etc. are constitutional bodies. For more on constitutional bodies and examples of such bodies, click here. Statutory Bodies These are non-constitutional bodies as they do not find any mention in the Constitution. • They are also important bodies due to their function. • They are created by an Act of Parliament. • They are called ‘statutory’ since statutes are laws made by the Parliament or the legislature. • Since these bodies derive their power from statutes or laws made by the Parliament, they are known as statutory bodies. • For example, the Securities and Exchange Board of India (SEBI) is a statutory body. It was set up in 1988 and was given statutory powers in 1992 through the passing of the SEBI Act, 1992. • Other examples: National Law Commission, NHRC, Unique Identification Authority of India (UIDAI), Central Vigilance Commission (CVC), Central Information Commission, etc.
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Regulatory Bodies Regulatory bodies are public or government agencies responsible for exercising autonomous authority over some area of human activity in a regulatory or supervisory capacity. • Some regulatory bodies are independent, which means they are independent from any branch of the government. • They are set up to enforce safety and standards. • They have the charge of establishing norms of a particular area of human activity, and also supervising the bodies employed in that activity. • They are established by legislative acts. • Examples of regulatory body are given in the table below: Important Regulatory Bodies in India Regulatory Body Sector
SEBI Securities and capital market
RBI Banking, monetary policy and finance
NABARD Financing rural development
Insurance Regulatory and Development Authority Insurance of India (IRDAI)
Pension Fund Regulatory & Development Pension Authority (PFRDA)
National Housing Bank (NHB) Housing finance
SIDBI Financing MSME
Telecom Regulatory Authority of India (TRAI) Telecom and tariffs
Central Board of Film Certification Film certification and censorship
Food Safety and Standards Authority of India Food safety (FSSAI)
Bureau of Indian Standards (BIS) Standards and certification
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Board of Control for Cricket in India (BCCI) Cricket Executive Bodies These bodies are non-constitutional and non-statutory. • They are not mentioned in the Constitution. • They are also not established by an act of Parliament. • They are formed by executive resolution or action, which means that they are formed by the government’s action only. • They can be converted into a statutory body by enacting a law. For example, the UIDAI was made into a statutory body after it was established by enacting a new law. • Examples of executive bodies: the now defunct Planning Commission, the NITI Aayog, etc. Judicial Bodies Judicial bodies are courts in India. Their chief objective is to provide justice by following the laws of the land. Quasi-judicial Bodies A quasi-judicial body can be an individual or body with powers resembling a court of law. • They can adjudicate and decide penalties on the guilty. • They are different from judicial bodies in that their field is limited compared to a court. • They can be formed on a matter pending in court, by a court order if the court considers it necessary; the court reserves the right to appoint members of such a body. • They can be tribunals for a specific domain, or like an arbitrator. • Quasi-judicial bodies have adjudicating powers in such matters as: o Breach of discipline o Trust in money matters or otherwise o Conduct rules • Their authority is limited to specific areas like: o Financial markets o Land use and zoning o Public standards o Employment law o Specific set of regulations of an agency • Decisions of a quasi-judicial body are often legally enforceable under the laws of a jurisdiction. • Examples of quasi-judicial bodies: National Human Rights Commission, National Consumer Disputes Redressal Commission, Competition Commission of India, Income Tax Appellate Tribunal, Appellate Tribunal for Electricity, Railway Claims Tribunal, Intellectual Property Appellate Tribunal, Banking Ombudsman, etc. Difference between Judicial and Quasi-judicial Bodies • Judicial decisions are bound by precedent in common law, whereas quasi-judicial decisions are generally not. • Judicial decisions may create new laws, but quasi-judicial decisions are based on existing law. • Quasi-judicial needn’t adhere to strict judicial rules (of procedure and evidence). www.pragnyaias.com 7288081111
• Quasi-judicial bodies can hold formal hearings only if they are mandated to do so as per their governing laws.
Joint sitting of the Parliament ▪ Presided over by Speaker of Lok sabha, then in his absence, Deputy Speaker of LS, then in his absence, Deputy Chairman of RS & even in his absence any member as agreed by both the houses ▪ Deadlock is resolved by total number of members of both the houses present & voting. Generally, will of LS prevails due to its larger size ▪ After the passage of the bill, it is presented to the President for his assent No provision of Joint sitting for Money bill & constitutional amendment bill
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Presidential Assent ▪ If it is money bill or constitutional amendment bill he has to give his assent, but in case of any other bill, he may return it to the parliament for reconsideration with his recommendations ▪ If bill is passed again, with or without amendments & sent to the President for the 2nd time, he has to give his assents. ▪ After the assent of the President, Bill becomes an act
Money & Financial Bills Bill of Appropriation ▪ A bill which empowers government to draw some amount from consolidated fund of India Money Bill ▪ Decision of speaker is final weather a bill is money bill or not. His decision can not be challenged in any court of law or any of the houses or by the President. ▪ Money bill can only be introduced in Lok sabha with recommendations of President
Provisions For money bill ▪ Imposition, abolition, remission, alteration or regulation of any tax ▪ Regulating & borrowing money from the government ▪ Money into or out of consolidated fund of India ▪ Any expenditure charged on consolidated fund of India or to increase amount of such expenditure ▪ Receipt or withdrawal of custody of public accounts of India or audit of account of union or state Rajya Sabha on Money Bill ▪ Rajya Sabha can not amend or reject a money bill but only plays a recommendatory role in passing of money bill. ▪ RS must return the money bill within 14 days to LS with or without any recommendations ▪ Weather LS accepts or does not except recommendations of RS, bill is deemed to have been passed by both the houses ▪ Now bill is forwarded to President for his assent & he is bound to give his assent to the bill
Financial Bill ▪ Apart from the provisions of money bill, it includes other provisions as well & can be introduced in LS only on the recommendations of President ▪ Since it include other matters also RS has equal say to amend or reject it by virtue of its powers
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▪ President can also send the bill for reconsideration for once Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies Under the Constitution, the President has power to make numerous constitutional appointments. But in reality he exercises this power on the proposal of the Cabinet. Cabinet decides who is to be appointed and at what place. The President appoints Governor of States, ambassadors and members of a number of Commissions. The unseen finger behind all these appointments is, however, of the Cabinet Generally speaking, the Prime Minister discusses with his other colleagues before the making of such appointments. Actually, Cabinet accepts the appointments made by the Prime Minister. The Constitutional Bodies in India are created by the Constitution which assists the Government to operate properly. Each of these permanent or semi-permanent organizations is accountable for the administration of specific functions. Some additional bodies help them by providing advisory functions. Constitutional Bodies in India are the permanent or semi-permanent organization within the machinery of government. These bodies are responsible for the administration of specific functions. The functions of these bodies are usually executive type. Furthermore, different types of organization or commissions are used for advisory functions. The bodies are of national importance and help in the effective function of the government. India is a Socialist, Secular, Democratic Republic country. These constitutional or independent bodies have extensive administrative functions. The head of these bodies are either appointed by the president of India or the Prime Minister serves as the chairman. Appointments to various constitutional posts: The Constitution of India specifies the setting up of following major constitutional bodies and has given appointment to various constitutional posts. The major constitutional bodies in India are as under: - Union Public Service Commission (UPSC) - State Public Service Commission - Joint State Public Service Commission - The Comptroller and Auditor General of India - Election Commission of India - Finance Commission of India - National Commission for Scheduled Castes (NCSC) - National Commission For Scheduled Tribe - Staff Selection Commission (SSC) - Central Vigilance Commission (CVC) A Constitutional body is formed under detailed instructions given in the Constitution. It is compulsory for the government to set up such a body and it cannot dispense off with it easily when it becomes uncomfortable. Such bodies or institutions are written into the Constitution of a nation and cannot be eliminated without amending that part of the Constitution which sometimes also requires consent of the states.
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Constitutional Bodies (powers, functions and responsibilities): Election Commission of India: The Election Commission of India, abbreviated as ECI is a constitutional body responsible for administering elections in India according to the rules and regulations mentioned in the Constitution of India. It was established on January 25, 1950. Major aim of election commission of India is to define and control the process for elections conducted at various levels, Parliament, State Legislatures, and the offices of the President and Vice President of India. It can be said that the Election Commission of India ensures smooth and successful operation of the democracy. The Constitution of India has vested in the Election Commission of India according to the article 324 of Indian constitution the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature (state legislative assembly & state legislative council) of every State and to the offices of President and Vice- President of India. Initially, the commission had only a Chief Election Commissioner. Presently, it consists of a Chief Election Commissioner and two Election Commissioners. For the first time, two additional Commissioners were appointed on 16th October 1989 but they had a very short term till 1st January 1990. Afterwards, on 1st October 1993 two additional Election Commissioners were appointed. The concept of multi-member Commission has been in operation since then, with decision making power by majority vote. Appointment & Tenure of Commissioners: 1. The President has power to select Chief Election Commissioner and Election Commissioners. 2. They have tenure of six years, or up to the age of 65 years, whichever is earlier. 3. They have the same status and receive pay and perks as available to Judges of the Supreme Court of India. 4. The Chief Election Commissioner can be removed from office only through accusation by Parliament. Advisory Jurisdiction & Quasi-Judicial Functions: 1. Under the Constitution, the Commission also has advisory jurisdiction in the matter of post-election ineligibility of sitting members of Parliament and State Legislatures. Additionally, the cases of persons found guilty of dishonest practices at elections which come before the Supreme Court and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period. The judgment of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered. 2. The Commission has the power to prohibit a candidate who has failed to lodge an account of his election expenses within the time and in the manner set by law. 3. The Commission has also the power to remove or reducing the period of such disqualification as also other disqualification under the law. Administrative Powers: 1. To decide the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament. 2. To organize and periodically amend electoral rolls and to register all qualified voters. www.pragnyaias.com 7288081111
3. To inform the dates & schedules of election and to scrutinize the nominations papers. 4. To grant recognition to political parties & allot election symbols to them. 5. To act as court for settling disputes related to granting of recognition to political parties and allotment of election symbol to them. Role of Election Commission of India: Election commission plays vital role in organizing elections. The most critical challenge before the Election Commission of India is to implement norms and the Model Code of Conduct to ensure free and fair elections in the country. Its existence and independence are necessitated by history, which has revealed that self-governing elections are not free from disruption. Towards this end, it has been empowered to supervise political parties and candidates and take appropriate action in case of violations. Functions and Powers: Key functions of the Election Commission of India are as under: - The Election Commission of India is considered the guardian of free and reasonable elections. - It issues the Model Code of Conduct in every election for political parties and candidates so that the decorum of democracy is maintained. - It regulates political parties and registers them for being eligible to contest elections. - It publishes the allowed limits of campaign expenditure per candidate to all the political parties, and also monitors the same. - The political parties must submit their annual reports to the ECI for getting tax benefit on contributions. - It guarantees that all the political parties regularly submit their audited financial reports. Other powers handled by the Election Commission of India are as follows: - The Commission can repress the results of opinion polls if it deems such an action fit for the cause of democracy. - The Commission can recommend for disqualification of members after the elections if it thinks they have violated certain guidelines. - In case, a candidate is found guilty of dishonest practices during the elections, the Supreme Court and High Courts consult the Commission. - The Commission can postpone candidates who fail to submit their election expense accounts timely. The main duties of the Election Commission are: 1. To supervise, direct, control and conduct all elections to Parliament and State Legislatures as also to the office of the President and Vice- President of India. 2. To set down general rules for election. 3. To determine constituencies and to prepare electoral rolls. 4. To give credit to political parties. 5. To allot election symbols to different political parties and individual contestants. 6. To appoint tribunals for the decision of doubts and disputes arising out of or in connection with election to parliament and State Legislatures. Union Public Service Commission (UPSC): The UPSC is a central agency that has great responsibility for conducting examinations pertaining to Civil Services, Engineering Services, Defence Services, and Medical www.pragnyaias.com 7288081111
Services. It also conducts Economic Service, Statistical Service, and Police Forces examination. The Union Public Service Commission of India was formed by the British Government during the British rule. In 1924, Lee Commission had suggested in its report for the establishment of an independent and impartial Public Service Commission for India and on the basis of such recommendation, the Union Public Service Commission was established in 1926. Consequently by the government of India Act 1935, Public Service Commission was established separately for both the central and the state government services. After independence, arrangements were made to establish an independent and neutral Union Public Service Commission for the said purpose following the pattern adopted in the Government of India Act 1935. Article 315 to 323 of Indian Constitution has a provision for such an agency. According to Act 315 of the constitution of India, there shall be a permanent Union Public Service Commission for appointment to the various posts of the central government services. Similarly, as Act 318 of the constitution of India also stated that the Union Public Service Commission will be constituted with a chairman and a fixed number of members; the number of such members and the terms and conditions of their service are to be determined by the President of India. The President, as such, appoints the Chairman and other members of the commission for a period of six years. The Commission consists of a Chairman and ten other members. They are appreciative to follow the rules mentioned in Union Public Service Commission (Members) Regulations, 1969. All the members of the commission are appointed by the President of India with at least half of the members being the Civil Servants (working or retired) with no less than ten years of experience in Central or State service. The constitution of India has also espoused certain measures to guarantee the neutrality and fairness of the U.P.S.C. The Chairman of the Union Public Service Commission has not been authorized to take any office of profit under the central or any of the state governments after his retirement from service as chairman. Furthermore, before the expiry of their term of service, the executive cannot remove the Chairman or any of the members of the commission from their service. They can be removed only through the means stipulated in the constitution. Apart from this, once these members are appointed the terms and conditions of their services cannot be changed. Art. 322 announces that the remuneration and allowances of these members including the chairman will be considered as expenditure charged upon the consolidated fund of India, which means that their salaries and allowances are not subjected to the approval of the Parliament. The Secretariat of UPSC is led by a Secretary, two additional secretaries, joint secretaries, and deputy secretaries. Every member can hold office for six years or till the time he attains the age of 65 years, whichever is earlier. A member can submit his resignation at any time to the President of India. On the other side, the President can eliminate him on the basis of misbehaviour. The UPSC submits a report of its work to the President annually. The report is then tabled in both houses of Parliament for discussion. The President places a memorandum in relation to the cases where the commission’s recommendations were not accepted. The memorandum elucidates the reasons for non- acceptance. Functions of Union Public Service Commission: www.pragnyaias.com 7288081111
The duty of the Union Public Service Commission will be to conduct examinations for appointment to the services of the Union. Art. 320 of the constitution of India have categorically itemised the functions of the Union Public Service Commission (Tummala, 1994). - Foremost function of Union Public Service Commission is to advocate for appointment in administrative services the meritorious and potential young men and women after selecting them through All India competitive examinations. - Another function of U.P.S.C. is to assists them in framing and operating schemes of joint recruitment for any service for which candidates possessing special qualification. - Union Public Service Commission advises the President on “all matters relating to methods of recruitment to civil services and for civil posts. - Principles to be followed in making appointments to civil services and posts and in making promotions and transfers from the service to another and on the suitability of candidates for such appointments promotions or transfer. - Next function is to look at all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matter. Other function of union public service commissions are as under: - To conduct examinations for appointment to the services of the Union and conduct interviews for direct recruitment. - To advise on any matter referred to them and on any matter which the president may refer to the appropriate commission; - To exercise such additional functions as may be provided for by an Act of Parliament regarding the services of the Union and also with respect to the services of any local authority constituted by law. - It shall be the duty of the Union Public Service Commission if requested by any two or more states, to assist those States in framing and operating schemes of joint recruitment for any service. It is generally compulsory for the Government of India to consult the Union public Service Commission in respect of all the above matters. Nevertheless, the President has the power to make rules, specifying the matters in which, either generally or in particular circumstances the commission may not be consulted. Under the Union Public Service Commission (exemption from consultation) regulations framed by the President in 1958, it is not obligatory for the President to consult the U.P.S.C. in the following cases. Posts in respect of which the authority of appointment, has specifically been conferred by the constitution in the President, Chairman of members of any Board, Tribunal Commission, Committee or any other similar authority, created under a statute or under the authority of a resolution of either Houses of the Parliament or by a resolution of the government of India for conducting an enquiry into any matter or advising the government of specified matters. Posts concerned with the administration of North-East Frontier Agency and any service or post in respect of which the commission has agreed that it is not necessary for it to be consulted. The temporary and officiating appointments can also be made without consulting the U.P.S.C. provided the incumbent is not likely to hold the post for more than www.pragnyaias.com 7288081111
a year. But intimation has to be sent to the commission regarding such appointment as soon as the posts are filled. Similarly there is no need to make any reference to the commission regarding the reservation of posts in favour of backward classes, Scheduled Castes, Schedule Tribes. Powers of Union Public Service Commission (U.P.S.C): Main power of Union Public Service Commission is its advisory power. It can give advises to the President and the governors of any State of the following affairs. 1. On all matters related with the appointment of the civil services of the governments. 2. The evaluation of the standard and efficiencies of the candidates for appointment, promotion or transfer in all civil posts. 3. On all matters regarding the discipline and punctuality of the employees of all India Services. 4. Affairs associated with the demands and benefits of employees working under the All India Civil Services and injured while on duty. 5. Whether the payment or expenditure for any work of an employee of All India Civil Services will be borne by the consolidated fund of India. 6. Regarding discipline and promptness in government functions of paying compensation to a government employee if he suffers any problem or financial loss due to the negligence on the part of the government, matters related with the punishment measures of those employees who have violated discipline or of all matters related with the interest of the government employees working under the central government. The constitution of India has made the Public Service Commission a simple advisory institution which is required to give advises to the subject sent to it by the President of India or by the Governors of the States. But to accept or refuse advises is the absolute discretion of the respective governments. This is because India has adopted a responsible self-governing government where in the council of ministers cannot delegate its responsibilities to their employees to any other organization. Though at the same time, it should not neglect advises made by a commission consisting of experienced and expert persons. In brief, The UPSC is the central recruitment agency in India. It is a sovereign constitutional body being directly created by the Constitution of India. Staff Selection Commission (SSC): The Staff Selection Commission is also significant constitutional body, which is responsible for recruiting staff for different ministries and departments of the government. Staff Selection Commission is considered as an attached office of the Department of Personnel and Training (DoPT) which comprises of Chairman, two Members along with a Secretary-cum-Controller of Examinations. In the period of 1967-68, a Service Selection Commission was made by the Estimates Committee of the Parliament. The rationale for establishing this commission was to have a central agency for conducting examinations for recruiting staff to lower categories of posts. In 1975, Subordinate Services Commission was established for this purpose. Two years later in 1977, the agency was renamed as Staff Selection Commission. Its functions were redefined in 1999. The main purpose of SSC is to conduct examinations and/or interviews for recruiting staff in Group B, C, and D posts for various ministries and departments of the government and www.pragnyaias.com 7288081111
their subordinate offices. Headquarter of the Staff Selection Commission is in New Delhi. It has seven regional offices at Allahabad, Bangalore, Chennai, Delhi, Guwahati, Kolkata, and Mumbai. Its two Sub-Regional Offices are located at Chandigarh and Raipur. Functions of Staff Selection Commission: Staff Selection Commission is responsible for recruitment of manpower in the Group B and non-technical Group C posts at various ministries and departments of the Government of India. It conducts recruitment in these groups for the subordinate offices as well. The staffing of candidates is done through written examinations and personal interview rounds conducted by the Staff Selection Commission. It conducts the written examination at the various examination centres online or offline across the country. It also looks after the posting of the candidates so that they can be given their job to begin from their home state or region. It also takes into account the complaints and grievances registered by the candidates during the recruitment process and works on to better them in future. It conducts written examination on a national scale for various posts such as Lower Division Clerks, Stenographers, Assistants, Inspectors of Central Excise, Income Tax officer, Sub Inspector in CBI, Divisional Accountants, Auditors, Accountants, Junior Engineer in CPWD, Statistical Investigators, Tax Assistants, Section Officer etc. for various ministries and departments of the Government of India. It also conducts examination for different education levels. The purpose to conduct such exam is to make it possible for people of every educational background candidates to take part in such aspiring government jobs. The candidates having passed their secondary, senior secondary and Graduation Degrees can apply for the different examinations and posts in which the SSC recruits its manpower. The Staff Selection Commission also conducts departmental examination for the promotion of the candidates placed in various departments at entry level posts. The commission is accountable for the overall promotion in the departments in which it recruits for the Government of India. Staff Selection Commission is also responsible for offering ample information and suggestions to the different government offices concerned, regarding need of manpower in the concerned departments. It also advices the various departments regarding the probable number of requirement of candidates and their required educational qualification for the posts concerned. Staff Selection commission also chooses and prepares the questions of the various written examinations it conducts throughout the nation and evaluates the papers given by the aspiring candidates making the list of selected candidates for the concerned posts. Staff Selection commission is responsible to perform tasks and functions other than these from time to time, as pointed out by the Central Government. In brief, Staff Selection Commission has long been the power to recruit various offices and department of Government of India and its subordinated offices. These recruitments are done in a smooth manner on a national basis involving huge number of candidates every year, who are willing to join the government services. These aspiring candidates are selected through written examination, skill test/practical test and personal interview rounds conducted by SSC at various levels throughout the year periodically for various posts. www.pragnyaias.com 7288081111
National Human Rights Commission of India: National Human Rights Commission (NHRC) is a public body constituted for benefiting the citizens of the country. It plays vital roles since its establishment on October 12, 1993. Human Rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the International covenants and enforceable by courts in India. This Commission was established after the thorough assessment of needs for such bodies to address the human rights related issues and by keeping in consideration the ways and measures to apply for their protection. The Central Government of India setup the National Human Rights Commission of India in the year 1993 under the Protection of Human Rights Ordinance which was made effective the same year itself. Protection of Human Rights Act, 1993 (TPHRA) gave this Commission a status of a complete statutory basis to act as a Commission for the fruitful outcome. National Human Rights Commission has already become an outstanding human rights institution with its national reputation and by performing the main roles to guard rights. It is one of the important responsible groups through creating total awareness and to promote the rights which have been given the key importance in the Act. Composition of National Human Rights Commission of India: National Human Rights Commission is an independent body works broadly and consists of highly knowledgeable team to work in the areas of human rights. The composition of this Commission is the head or chairperson being selected from the judiciary so any Supreme Court Chief Justice to lead the team members. Two members are selected from the judiciary out of whom one should be a sitting or former Supreme Court Judge and the other any High Court’s Chief Justice respectively. They are the key members besides rest two members whose appointments base on their knowledge level on both practical and theoretical grounds who could give new direction to human rights issues. Ex office members of NHRC are the chairpersons of four National Commissions to complete this Commission as a national body. President appoints chairperson and the members of National Human Rights Commission for which a committee nominates the names. This committee consists of chairperson, the Prime Minister and the members including Home Minister, Leader of the Opposition in Lok Sabha, Leader of the Opposition in Rajya Sabha, Speaker and the Rajya Sabha Deputy Chairman. Major issues tackled by NHRC are as follows: - Custodial Torture - Right to Work and Labour Rights - Extrajudicial Killings - Arbitrary Arrest and Detention - Excessive Powers of the Armed Forces and the Police - Sexual Violence - Conflict Induced Internal Displacement - Child Labour - Manual Scavenging - Violence and discrimination against Women, Children www.pragnyaias.com 7288081111
- Lesbian, Gay, Bisexual, Transgender Rights - Problems faced by Scheduled Castes and Scheduled Tribes, Religious Minorities, Persons with Disabilities Role of NHRC in safeguarding human rights: Since its development, the NHRC has extensively dealt with issues relating to application of human rights. NHRC has established its reputation for independence and honesty. There is increasing number of complaints addressed to the Commission seeking redressal of grievances. The NHRC has pursued its mandate and priorities with determination and considerable success. Some of the famous interventions of NHRC include campaigns against discrimination of HIV patients. It also has asked all State Governments to report the cases of custodial deaths or rapes within 24 hours of occurrence failing which it would be assumed that there was an attempt to suppress the incident. An important intervention of the Commission was related to Nithari Village in Noida, UP, where children were sexually abused and murdered. Recently, NHRC helped to bring out in open a multi crore pension scam in Haryana. It also is looking up the sterilization tragedy of Chattisgarh. Major Functions of NHRC are as follows: - Proactively or reactively inquire into infringements of human rights or negligence in the prevention of such violation by a public servant. - By leave of the court, to intervene in court proceeding relating to human rights. - To visit any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates and make recommendations. - Review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation. - Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures. - To study treaties and other international instruments on human rights and make recommendations for their effective implementation. - Undertake and promote research in the field of human rights. - Engage in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means. - Support the efforts of NGOs and institutions working in the field of human rights. It is revealed in reports that the international community has acknowledged the increasing importance of strengthening national human rights institutions. In this context, in the year 1991 an UN-sponsored meeting of representatives of national institutions held in Paris, a detailed set of principles on the status of national institutions was developed, these are commonly known as the Paris Principles. These principles became the foundation for the establishment and operation of national human rights institutions.
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Planning Commission India: Planning Commission of India is considered as an important institution in India’s governance system. It has major role in country’s economic planning for the overall growth. Central Government had formed Planning Commission in India as central body to work comprehensively with the consecutive term of five years as country’s Five-Year Plans for economic and social sustenance cum governance. A historic jump was by the freedom fighter, Netaji Subhas Chanrda Bose in 1938 while he brought an idea of such economic planning which was aimed at country’s independent authority. The first idea came when he was Congress president and insisted for its development. A Planning Commission had already been established by the British government before India’s independence that was for a short tenure from 1944 to 1946. After independence, its democratic setup involved industrialists as well as economists to work independently and form development plans. It enhanced country’s economic planning. First and Subsequent Planning Commissions (India): India espoused formal model of planning by constituting its 1st Planning Commission after independence on March 15, 1950. This Commission team was authorized to report to Prime Minister directly as first Prime Minister, Pundit Jawaharlal Nehru was its chairman and rest members were supposed to work in synchronization with Deputy Chairman of this Commission. Main purpose to constitute 1st Five-year Plan and its launch in 1951 was to assure country’s agricultural sector getting more support for timely growth and the complete development. Two more plans were made as succeeding Planning Commissions until 1965 but a break came thereafter due to neighbourhood conflicts between India and Pakistan during that period. Other issues hindered development of Planning Commission for two more years when country faced drought condition and currency devaluation issues correspondingly. These two issues caused rise in general prices. The 3rd Planning Commission was established from 1966 to 1969 and then things normalized with the setup of 4th Five-year plan starting from 1969. Since then Five-yearly Planning Commission continued until disruption in the setting up of 8th Plan in 1990 which did not devise due to country’s political volatility. Two years from 1990-91 to 1991-92 were considered for annual plans until setting up of 8th Plan in 1992. Functions of the Indian Planning Commission: - To make an evaluation of the material, capital and human resources of the country, including technical employees, and investigate the possibilities of augmenting those are related resources which are found to be deficient in relation to the nation's requirement. - To devise a plan for the most effective and balanced utilisation of country's resources. - To define the stages, on the basis of priority, in which the plan should be implemented and propose the allocation of resources for the due completion of each stage. - To specify the factors that tends to retard economic development. - To determine the conditions which need to be established for the triumphant execution of the plan within the incumbent socio-political situation of the country. www.pragnyaias.com 7288081111
- To determine the nature of the mechanism required for securing the successful implementation of each stage of the plan in all its aspects. - To evaluate from time to time the improvement achieved in the implementation of each stage of the plan and also recommend the adjustments of policy and measures which are deemed important for successful implementation of the plan. - To make required recommendations from time to time regarding those things which are deemed necessary for facilitating the execution of these functions. Such recommendations can be related to the current economic conditions, current policies, measures or development programmes. In 2014, Prime Minister Narendra Modi announced his objective to dissolve the Planning Commission. It has since been replaced by a new institution named NITI Aayog. NITI Aayog is a Government of India policy think-tank. The assured aim for NITI Aayog's formation is to promote involvement and participation in the economic policy-making process by the State Governments of India. It has adopted a "bottom-up" approach in planning which is a noteworthy contrast to the Planning Commission's tradition of "top-down" decision-making. One of the important directives of NITI Aayog is to bring cooperative competitive federalism and to improve centre state relation. Composition of Niti Aayog: The NITI Aayog comprises the following: Prime Minister of India as the Chairperson, Governing Council comprising the Chief Ministers of all the States and Lt. Governors of Union Territories. Regional Councils formed to address specific issues and contingencies impacting more than one state or a region. These will be formed for a specified tenure. The Regional Councils will be convened by the Prime Minister and will comprise of the Chief Ministers of States and Lt. Governors of Union Territories in the region. These will be chaired by the Chairperson of the NITI Aayog or his nominee. Experts, specialists and practitioners with relevant domain knowledge as special invitees nominated by the Prime Minister. The full-time organizational framework will comprise of, in addition to the Prime Minister as the Chairperson. Major objectives of The NITI Aayog: - To evolve a shared vision of national development priorities, sectors and strategies with the active involvement of States in the light of national objectives. The vision of the NITI Aayog will then provide a framework ‘national agenda’ for the Prime Minister and the Chief Ministers to provide impetus to. - To promote cooperative federalism through structured support initiatives and mechanisms with the States on a continuous basis, recognizing that strong States make a strong nation. - To develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government. - To ensure, on areas that are specifically referred to it, that the interests of national security are incorporated in economic strategy and policy.
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- To pay special attention to the sections of our society that may be at risk of not benefitting adequately from economic progress. - To design strategic and long term policy and programme frameworks and initiatives, and monitor their progress and their efficacy. The lessons learnt through monitoring and feedback will be used for making innovative improvements, including necessary mid- course corrections. - To provide advice and support partnerships between key stakeholders and national and international like-minded Think Tanks, as well as educational and policy research institutions. - To create a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts, practitioners and other partners. - To offer a platform for resolution of inter-sectorial and inter-departmental issues in order to accelerate the implementation of the development agenda. - To maintain a state-of-the-art Resource Centre, be a repository of research on good governance and best practices in sustainable and equitable development as well as help their dissemination to stake-holders. - To actively monitor and evaluate the implementation of programmes and initiatives, including the identification of the needed resources so as to strengthen the probability of success and scope of delivery. - To focus on technology up-gradation and capacity building for implementation of programmes and initiatives. - To undertake other activities as may be necessary in order to further the execution of the national development agenda, and the objectives mentioned above. Planning Commission was an advisory body, and so is Niti Ayog. Main difference between Planning commission and Niti aayog is that while the former had powers to allocate funds to ministries and states, this function will be now of finance ministry. The role of states in the planning commission era was restricted. The states yearly needed to interact with the planning commission to get their annual plan approved. They had some limited function in the National Development Council. Since Niti Ayog has all chief ministers of states and administrators of UT in its Governing Council, it is obvious that states are expected to have greater role and say in planning/ implementation of policies. National Commission for Women: National Commission for Women is also one of the significant statutory bodies established by the Government of India. It was established in 1992 under the provisions of the National Commission for Women Act, 1990. The Central Government took the initiative to establish this Commission by keeping in view the provisions of India’s constitution to strengthen the women in country through addressing plights, suppressions and other types of violence they use to face. National Commission for Women also takes the initiatives for overall development of women community in whole country. Main aim of National Commission for Women is to raise the concern for the women and to represent itself for their rights. This Commission takes into account the issues and concerns of women community and advises for the authentic solution of all the problems they face. This Commission takes into consideration many common issues associated with www.pragnyaias.com 7288081111
women and their repression from dowry to religious or political factors and most importantly their equal representation in job market and other exploitations. Working of National Commission for Women: National Commission for Women became statutory body and kept taking many steps for the protection of women. It also makes a point to work under the National Commission for Women Act, 1990 which is the key guideline for this Commission to suggest and explore initiatives meant for women and their overall growth. Composition of National Commission for Women: It was constituted under Mrs. Jayanti Patnaik’s chairpersonship. Dr. (Mrs.) Mohini Giri was appointed chairperson of the Second NCW on July 1995. While constituting the Third NCW, the government appointed Mrs. Vibha Parthasarathy as its new chairperson on January 1999. The successive NCW’s are as follows; 4th NCW constituted on January 2002 with Chairperson Dr. Poornima Advani. 5th NCW constituted on February 2005 with chairperson Dr. Girija Vyas. Functions of National Commission for Women: - Work as the coordinating agency to receive and process all the complaints related to Indian Women deserted by their Overseas Indian husbands. - Shall render all possible assistance to the complaints including conciliation, mediation between the parties and advising the complainant on related issues. - Associating, networking with NGOs, community organizations in India and overseas and State women Commissions for wider area coverage, so as to assist easy access and provide support services. - Shall endeavour towards a coordinated response amongst various Government agencies/organizations such as State Governments, The National Human Rights Commission, Indian Embassies and Mission, concerned Ministries etc. - Provide assistance to the distressed woman in litigation and other issues pertaining to the complainant/case. - Shall maintain a data bank record of cases registered. - Seek reports from the State Government and other authorities on the complaints filed and action taken thereon. - Shall advice and recommend the government on any policy or issue relating to the NRI marriages. - Investigate various legal treaties on the issue and advice the Government on the subject, wherever required. - Shall constitute an advisory committee panel of reputed advocates/NGOs, both in India as well as abroad, which shall intermittently review the functioning of the cell, cases filed and policy issues. - Shall constitute a panel of experts (All India) to support the aggrieved wife and rendering legal services and other assistance, including mediation and conciliation - Planning of training modules and conducting training on sensitisation on the subject to the various agencies entrusted with the task of providing justice, vig. Judiciary, police, administration, etc. - Shall organize awareness campaigns for the masses on the issue.
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- This commission has responsibility to encourage /support research and study in the related field like issues of grievances associated with dual citizenship, enactment of new legislation or signing of international treaties, marriage laws of other countries, etc. - NCW must look into complaints and take suo-moto notice on any issue brought to the notice of the NRI Cell in accordance with Section 10 (1)(f) of the National Commission for Women Act , 1990 read with sub-section 4 of Section 10 and Section 8 of the Act. - The cell shall control its own procedures in accordance with the National Commission for Women Act 1990. - NCW must perform any other function as assigned to it by the Commission/Central Government. Central Vigilance Commission (CVC): Central Vigilance Commission, abbreviated as CVC is a top government body, established in 1964 with the aim of addressing corrupt practices within the government. The Central Vigilance Commission (CVC) works in coordination with the government authorities for the betterment of the system. The main purpose for which this important body had been established was to ensure all sorts of corruptions in government sector could be well prevented and addressed minutely. It is an autonomous body, responsible for monitoring all vigilance activities under the union government. Its major role is to recommend government agencies in “planning, executing, reviewing and reforming” their vigilance capability. Central Government of India formed CVC in the year 1964 as an important body that could take into account the measures and steps to prevent all the corruptions especially the governmental ones for a better system and governance. It has been working as a statutory body and plays crucial role in this regard. It has already addressed lots of such issues through the steps taken ever since its formation. CVC has been given several power including its status to work independently as a major sovereign body which remains free from any type of control from the authorities. CVC came into existence after the reports submitted by Committee on Prevention of Corruption whose chairperson Mr. K. Santhanam had suggested for the formation of this Commission. Mr. Nittoor Srinivasa Rau was appointed as first Chief Vigilance Commissioner of India. It must be informed that Central Vigilance Commission is not an investigating agency. It operates in coalition with the CBI or the Departmental Chief Vigilance Officers. The only search that Central Vigilance Commission conducts is that of investigating Civil Works of the government, which is done through the Chief Technical Officer. Before Central Vigilance Commission can take up investigations into corruption cases against government officials, it has to be approved by the government. The Central Vigilance Commission also publishes list of corrupt officials and recommends punitive action against them. The President of India appoints the Central Vigilance Commissioner and the Vigilance Commissioners on the recommendation of the Prime Minister, Home Minister and the leader of the opposition in the Lok Sabha. It clearly indicates that the appointments to CVC are indirectly under the government’s control. CVC is often considered a powerless agency as it is treated as an advisory body only with no power to register criminal case www.pragnyaias.com 7288081111
against government officials or direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above. Although CVC is “relatively independent” in its functioning, it neither has the resources nor the power to take action on complaints of corruption. Recently, news is flashed that Central Vigilance Commission will be given the power to report discrepancies or frauds in public sector banks. Moreover, the central vigilance officers (CVOs) are likely to get the authority to monitor and bring frauds to the notice of bank boards. Besides leveraging technology to prevent corruption, the CVC has taken new initiatives to improve the standard of vigilance work in the last few years. Functions and powers of Central Vigilance Commission: Its main functions include technical audit of construction works of governmental organizations from a vigilance angle, investigation of specific cases of complaints relating to construction works and assisting CBI in its investigations involving technical matters. Other functions of Central Vigilance Commission are: - To exercise superintendence over the functioning of the Delhi Special Police Establishment (DSPE) with respect to investigation under the Prevention of Corruption Act, 1988; or offence under CRPC for certain categories of public servants and to give directions to the DSPE for purpose of discharging this responsibility. - To review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the PC Act. - To undertake an inquiry or cause an inquiry or investigation to be made into any transaction in which a public servant working in any organisation, to which the executive control of the Government of India extends, is suspected or alleged to have acted for an improper purpose or in a corrupt manner. - To tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e. investigation, inquiry, appeal, review etc. - To exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Govt. of India and other organisations to which the executive power of the Union extends. - To chair the Committee for selection of Director (CBI), Director (Enforcement Directorate) and officers of the level of SP and above in DSPE. - To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informer and recommend appropriate action. It can be said that Central Vigilance Commission is an apex Indian governmental body to address governmental corruption. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India. Central Vigilance Commission Act, 2003 also empowers the Commission to exercise superintendence over the functioning of the Delhi Special Police Establishment (DSPE) now called Central Bureau of Investigation (CBI). The Commission is also empowered to review the progress of investigations conducted by the CBI and the progress of applications pending with the competent authorities for grant of sanction for prosecution for offences alleged to have been committed under the Prevention
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of Corruption Act,1988. The Commission also exercises superintendence over the vigilance administration of the various organizations under the Central Government. National Consumer Disputes Redressal Commission: National Consumer Disputes Redressal Commission contributes a lot in the country’s administrative reforms. This Commission has provided numerous guidelines and advises to government of India on the regular intervals for systematizing its functionalities that has made it one of the important bodies for the better and effectual governance in self- governing system. In 1988, the Government of India established the quasi-judicial National Consumer Disputes Redressal Commission to modernize and improve the system of governance in the whole country. This Commission came into force under the Consumer Protection Act of 1986 whose mandates and rule for implementation needed a thorough assessment and strategy for implementation under a law. Head office of National Consumer Disputes Redressal Commission is in Delhi and it has been mandated to assess all the issues which are of prime importance as far as redressal aspects are concerned. This Commission has been empowered with the autonomous power to tackle the issues through keeping in consideration the legal framework from observation to implementation of ideas to taking decisions that can prove highly result oriented for all types of consumer disputes. National Consumer Disputes Redressal Commission submits its reports to the Central Government on regular intervals. As it is a complete research and analysis body, this Commission has already taken several initiatives which are of the paramount value for redressal purpose. A sitting or retired judge of the Supreme Court of India heads this Commission to offer the practical oriented reports to the government for implementation. University Grants Commission India: University Grants Commission (UGC) was established to augment educational system in India and especially to boost university system in the country for overall growth of higher education. This body has suggested several improvements in the university system and works extensively to bring the institutions of higher repute into order through constant reforms and by development initiatives. Central Government established the autonomous statutory body, UGC in 1956 to restructure the university system in the country. This body has been given special powers to take important decisions from thorough coordination to taking steps for reforms in the education system. UGC takes the steps to determine and maintain university education standards for that its team involves in various stages of inspections in the universities besides providing total support to them. Important role of UGC is to provide the timely recognition of Indian universities. This Body involves in the university system through funding them and the colleges which are recognized by the government. It operates from the headquarters in New Delhi besides Pune, Bhopal, Kolkata, Hyderabad, Guwahati and Bangalore based regional centres. Formal inauguration of UGC was held by the then Education, Natural Resources & Scientific Research Minister, Maulana Abul Kalam Azad on December 28, 1953 but formal establishment of UGC was held in November 1956. It was constituted under an Act
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of the Parliament in the year 1956. It has been setup as a crucial body to work as statutory Government body for the reforms. With its development, UGC had been mandated to work on various grounds to promote education system in the country for those recommendations were suggested before country’s independence in 1945. The Commission has been given major roles to supervise the functioning of central and state level universities besides all the colleges working under the government. It works with a Committee system and is entirely entrusted to look into the many affairs of the university education system of the country. It also suggests guidelines for the existing universities and plans for the formation of new ones after systematic research about the need and need fulfilment options. Unique features of UGC functioning is its distinct approach for giving grant to the universities. Main responsibilities of UGC are as follows: - Provide funds to the universities for their overall growth and development. - Helping out the universities for better coordination & maintenance for the fullest of educational standardization as institutions of higher repute. - Methodical promotion and best possible coordination for university education system in the country. - Ensuring that the teaching, examination and research initiatives are well maintained as per the standards set. - UGC must frames proper guideline to maintain education standard through keeping in view minimum standard level. - Proper supervision of all sorts of developments in higher education in the universities and colleges and for that it offers them grants for support. - This independent body works as an important link which coordinates between the Central and State governments as far as maintaining higher level learning institutes are concerned. - Guidance and advisory role for the Central and State governments to take the initiative to improve the education system in the country. National Commission on Farmers: The National Commission on Farmers (NCF) has great significance since its inception. Its major aim is to benefit the farmer’s community in this country. This Commission has played several active roles to guide Indian farmers to organize them for an additional productivity and output through applying the innovating farming options. Creation of National Commission on Farmers was a big leap on November 18, 2004 through which the Indian Government offered a right platform to all agriculturalists for the better accessibility in the farming sector. Many scholar such as Professor M.S Swaminathan was assigned to lead this Commission as its chairman. Commission was mandated to work as an observatory body which could suggest proper advices through keeping in consideration multiple priorities from the government’s Common Minimum Program and for the opportunities for a concrete outcome of steps taken. Composition of the National Commission on Farmers:
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Once the National Commission on Farmers was formally recognized, Commission’s body was composed for its functioning. It was designed with the following hierarchical arrangement. 1. Commission Chairman 2. Full-time Members of the Commission 3. Part-time Members of the Commission 4. Member Secretary of the Commission The government mandated the National Commission on Farmers to perform its role as an autonomous body and to do the broad research on the issues which are related to the farmers and offer good solution of problems they were facing in entire country. Some of the important mandates are mentioned below. - Plan an all-inclusive medium-term strategy to ensure that there is best food and nutrition security options for the farmers. - Workout suggestions and advises for effective techniques that could ease the productivity enhancement through maximum profitability options and to make things stable. - Steps to take for sustaining the major farming systems in the whole country. - Taking steps which collaborate between technology and public policy for the better farming outcomes. - The Commission to suggest perfect measures which attract and retain the well qualified youths in the farming sector. Commission of Railway Safety: Major aim to establish the Commission of Railway Safety was to ensure the aspects related to rail travel safety and its operation. This Commission works under the control of the Ministry of Civil Aviation, the Government of India which administrates its functioning and crosschecking developments. The Commission also looks at the specific constitutional functions that had been implemented through the Railways Act (1989). Nature of this Commission’s functioning is carefully inspectorial, investigatory and advisory. Major factors on which this Commission concentrates include legislative investigation in case of rail accidents and the rules associated to them under the framing of Railways Act. Other factors like issuing executive instructions on regular intervals for which this Commission was set are also important. Major duties of this Commission include that this Commission assures for confirming whether any new railway line opened and planned for operation maintains the safety standards as specified by the Ministry of Railways. The Commission must approve for operation of new line in terms of safety standard whether that is capable to carry passenger traffic or not. Other roles of the Commission are monitoring gauge conversion and crosschecking line doubling besides thorough assessment of the lines and existing line electrification. Commission also conducts inquiry into serious train accidents that might occur any time. It would recommend safety measures to make best possible Railways safety improvement. The Government of India appointed a Commission after entrusting private companies especially by involving the Consulting Engineers to ensure effective control of the construction and operation of India’s first railways project. All those Consulting Engineers www.pragnyaias.com 7288081111
involved in this project were designated as Government Inspectors on the later stage when the Central Government undertook construction and operation of railways. Their statutorily recognition was completed in the year 1883 in further extension process. The Railway Board placed the entire Railway Inspectorate under it in 1905 upon establishment. The Railway Board was delegated with its powers and functions under the Indian Railway Board Act, 1905 post its establishment under the Notification No.801 that dated to March 24, 1905 issued by the Central Government’s Department of Commerce and Industry. It was completed under several sections of the Railway Act with the powers and authorities to create various General Rules for effective railway operation. Since then, this Railway Board acts in the capacity of Safety Controlling Authority to operate and work for both Company managed and Government’s railway operations. The functions were clearly drawn under the Section 181(3) of the Government of India Act of 1935 to plan them so that safety and security are dealt in clearly in the interest of the public travelling through the railways. Other functions were proper operation of the railways by ensuring least accidents and most importantly it was assigned to it to hold all inquiries pertaining to the accidents if any and their major and minor causes. This authority was totally independent without any other pressure hence the Federal Railway Authority was formed for such purpose. Central Legislature permitted the main process to separate Railway Inspectorate in 1940 with the recommendation of placing the Senior Government Inspectors of the Railways under an authority solely administered by the Central Government. It followed by all Railway Inspectorate being placed to be controlled and administered by the Department of “Posts and Air” for which May 1941 was the date fixed. It was approached for continuation by any of the Ministries to administer that would be under the Civil Aviation portfolio. The Commission of Railway Safety is the redesigned form of the former Railway Inspectorate whose inception on 1.11.1961 was revolutionary step. Functions of Railway Safety Commission: 1. Approval of safety 2. Auditing and monitoring safety 3. Enforcement of safety 4. Investigation Law Commission of India: Law Commission is an executive body that is intended to work for legal improvement. The members of the commission are mainly legal experts, who work as per the government’s mandate. The Commission is established for a fixed tenure and works as an advisory body to the Law Ministry. The first Law Commission was established during the British regime in 1834. Before independence, India saw three more commissions being established. The first such commission in independent India was set up for a three-year term in 1955. Since then, 19 more Commissions have been established. The Commission is supervised by a full-time Chairperson. Its membership primarily comprises legal experts, who are entrusted a mandate by the Government. The 21st Law commission would be comprised of a full-time Chairperson four full-time Members www.pragnyaias.com 7288081111
(including a Member-Secretary), Secretary, and Department of Legal Affairs as ex offcio Member, Secretary, Legislative Department as ex offcio Member. The Commission is established for a fixed tenure (usually three years) and works as an advisory body to the Ministry of Law and Justice. Before finalising its recommendations, the Commission needs to consult the law ministry. Law Commission works in synchronisation and under the general instruction of Ministry of Law and Justice. It generally acts as primary commission for law reform in the country. Internally, the Law Commission works in a research-oriented manner. The Law Commission employs research analysts and law students who work in a research-oriented manner. The commission comprises of research employees of different ranks and secretarial staff who looks after the day-to-day functioning. This executive body works towards outlining the problems and determining areas for law reform. After due diligence and extensive research, it prepares report, which is sent to the Law Ministry. Once the proposals are cleared by other relevant ministries, action is taken to implement those recommendations. Although an ad-hoc body but the Law Commission has played a major role in law reform in India. At times, it’s also critical of the government’s policies. The Supreme Court often follows the recommendations of the commission. However, since the commission’s proposals are not binding on the government, often the critical recommendations made by it are not implemented. The Law commission also works on specific issues when requested by the Supreme Court. The Commission evaluations and judicial administration ensures that it is responsive so that delays are eliminated, arrears are cleared and disposal of cases is quick and cost- effective without sacrificing the cardinal principle that they are just and fair. The Commission seeks to simplify procedure to control delays and improve standards of justice. It also promote an accountable and citizen-friendly government which is transparent and ensures the people's right to information. Finance Commission of India: The Finance Commission of India was established on 22nd November, 1951. The Finance Commission has been provided for the Indian constitution as part of the scheme of division of financial resources between the two different sets of governments. Finance Commission also serves as constitutional body for the purpose of allocation of certain resources of income between the Union and the State Governments. It was established under Article 280 of the Indian Constitution by the President of India. It was formed to describe the financial relations between the centre and the state. Key role Finance Commission in India is to act as an instrument to divide proceeds of divisible taxes between the states and the Union government or in cases of taxes that are collected by the centre but the proceeds of which are allocated between the states, to determine the principles of such allocation. The Finance commission of India also determines the principles of governing the grants in aids of the revenues of states out of the consolidated fund of India. It is an important function of the Indian Finance Commission. The commission has the responsibility of considering any matter referred to the commission by the President in the interest of sound finance. www.pragnyaias.com 7288081111
The President under Article 280 lays the recommendations of the finance commission before each House of the Parliament with an explanatory note as to the action to be taken on the recommendations. The Finance Commission distributes of proceeds of Income tax between the union and the states. But, taxes on the payments of the central government are attributable only to the union territories. Under Article 280 (C), the President may refer any matter to the Finance commission in the interest of “sound finance.” Till now the President of India has asked the commission to make recommendations on the principles governing distribution of the net proceeds of estate duty in respect of property Tax on Railway fare and excise duties on sugar and tobacco. The President also sought recommendations on the rates of interest, and terms of repayment of loans to the various states by the government of India. Finance Commissions mainly focuses on the financial relations between the State government and the Central government. These recommendations progressively increase share of the state governments in the proceeds of the income tax. They also increased gradually the amount of grants-in-aids to be given to the states. As a result the states now enjoy considerable degree of financial autonomy so necessary for the proper functioning of the federation. It can be said that the Finance Commission as an autonomous body has served a wonderful purpose. In, as complex a society as India is, it acted as an agency to bring about coordination and cooperation for smooth working of a federal system. Under the Constitution, the basis for sharing of divisible taxes by the Centre and the States and the principles governing grants-in-aid to the states have to be decided by the Commission every five years. The President can refer to the Commission any other matter in the interest of sound finance. The recommendations of the Commission together with an explanatory memorandum as to the action taken by the Government on them are laid before each house of Parliament. The Commission has to assess the increase in the Consolidated Fund of a state to affix the resources of the Panchayat in the state. It also has to evaluate the increase in the Consolidated Fund of a state to affix the resources of the Municipalities in the state. The Commission has been given passable powers to perform its function and within its area of activity. It has all the powers of the Civil Court as per the Code of Civil Procedure, 1908. It can call any witness, or can ask for the production of any public record or document from any court or office. It can ask any person to give information or document on matters as it may feel to be useful or relevant. It can function as a civil court in discharging its duties. Key functions of Finance Commission: The commission makes recommendations to the president with regard to: 1. The distribution of the proceeds of taxes between the union and the states. 2. The principles which should govern the grants-in-aid to be given to the states. 3. Any other matter referred to the Commission by the President in the interest of sound finance. The recommendations of the commission are generally accepted by the Union Government as well as by the parliament. www.pragnyaias.com 7288081111
State Public Service Commission: The State Public Service Commission is also a constitutional body. There is a State Public Service Commission in every state. The same set of Articles (i.e., 315 to 323) of the Constitution also deal with the composition, appointment and removal of members, power and functions and independence of a State Public Service Commission. The composition of the State Public Service Commission is similar to that of the Union Public Service Commission. The members of the State Public Service Commission are nominated by the Governor. The functions of both the Commissions are also similar. Only the jurisdiction of the Union Public Service Commission is far wider than that of the State Public Service Commission. The jurisdiction of the Union Public Service Commission extends across the entire length and breadth of the country because it is related to the Civil Service of the Union Government. The Jurisdiction of the State Public Service Commission is limited within the State. Powers, Functions and Responsibilities of State Public Service Commission: A State Public Service Commission performs all those functions in respect of the state services as the UPSC does in relation to the Central services: 1. It conducts examinations for appointments to the services of the state. 2. It is consulted on the following matters related to personnel management. (i) All matters relating to methods of recruitment to civil services and for civil posts. (ii) The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another. (iii) The suitability of candidates for appointments to civil services and posts for promotions and transfers from one service to another, and appointments by transfer or deputation. The concerned departments make recommendations for promotions and request the SPSC to ratify them. The Supreme Court has held that if the government fails to consult the State Public Service Commission in these matters, the aggrieved public servant has no remedy in a court. In other words, the court held that any irregularity in consultation with the State Public Service Commission or acting without consultation does not invalidate the decision of the government. Thus, the provision is directory and not mandatory. Similarly, the court held that a selection by the SPSC does not confer any right to the post upon the candidate. However, the government is to act fairly and without arbitrariness. The additional functions relating to the services of the state can be conferred on State Public Service Commission by the state legislature. It can also place the personnel system of any local authority, corporate body or public institution within the jurisdiction of the SPSC. Hence the jurisdiction of SPSC can be extended by an Act made by the state legislature. The State Public Service Commission presents, annually, to the governor a report on its performance. The governor places this report before both the Houses of the state legislature, along with a memorandum explaining the cases where the advice of the Commission was not accepted and the reasons for such non-acceptance. Joint State Public Service Commission: The Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states. While the UPSC and the SPSC are created www.pragnyaias.com 7288081111
directly by the Constitution, a JSPSC can be formed by an act of Parliament on the request of the state legislatures concerned. Therefore, a JSPSC is a statutory and not a constitutional body. The two states of Punjab and Haryana had a JSPSC for a short period, after the creation of Haryana out of Punjab in 1966. The chairman and members of a Joint State Public Service Commission are appointed by the president. They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier. They can be suspended or removed by the president. They can also resign from their offices at any time by submitting their resignation letters to the president. The number of members of a Joint State Public Service Commission and their conditions of service are determined by the president. A JSPSC presents its annual performance report to each of the concerned state governors. Each governor places the report before the state legislature. The UPSC can also serve the needs of a state on the request of the state governor and with the approval of the president. The Comptroller and Auditor General of India: Arts.148-151 of the Indian constitution forms and regulates the office of Comptroller and Auditor General of India. Dr. Ambedkar felt that the Comptroller and Auditor General of India shall be the most important officer under the constitution of India. The constitution has introduced the British system of responsible government in India. The substance of responsibility is that the executive i.e. the Prime Minister and the Cabinet remains answerable for all their activities to the popularly elected chamber of the legislature. It is imperative that there should be an independent authority to inspect and scrutinize the financial transactions of the government. With this view, the Government of India Act of 1935, made the Auditor General of India irremovable except “in like manner and on like grounds as a judge of the Federal Court.” The office of the Comptroller and Auditor General is an adaptation of the office of the Auditor General under the Act of 1935. The constitution makes the Comptroller and Auditor General the guardian of the public purse. His main duty is to see that neither the union government nor the government of any state spends any money from the consolidated fund without legislative appropriation. Since he is the impartial head of the audit and accounts system of India, it is essential that he should be independent of executive control. To protect this independence, it has been provided that (1) though appointed by the President; he does not hold office during the pleasure of the President like other officers of the union government. He may be removed from office through a process of impeachment. His salary and allowances cannot be varied to his disadvantage during his tenure of service. He is appointed for a term of six years. His salary is equal to that of a Supreme Court Judge. He holds the rank of a secretary to the government of India. The remuneration and allowances of the Comptroller and Auditor General together with those of his staff are charged on the revenue of India. The role, function and duties of the Comptroller and Auditor General are expounded by an act of the Parliament passed in 1971. An amendment of this act in 1976 has relieved him www.pragnyaias.com 7288081111
from preparing the accounts of the government. Presently, the Comptroller and Auditor General audit the account of the union and report to the President and the Governor. He reports on all expenditures from the Consolidated Fund as well as from the Contingency Fund. He also audits and reports on the trade and manufacture by government departments. Accounts of Public Corporations are also audited by him. The functions of the Comptroller and Auditor General in India is exposed to several criticisms. In India, the emphasis is almost exclusively on audit rather than on control of expenditures. In India, the Comptroller and Auditor General comes into the picture only at the audit stage i.e. after the expenditures have already been made. Some critics also question the knowledge of commenting on extravagance of the government by the Comptroller and Auditor General. National Commission for Scheduled Castes (NCSC): The Commissioner for Scheduled Castes and Scheduled Tribes was appointed under Article 338 to investigate matters relating to the protections provided for the Scheduled Castes and Scheduled Tribes in the Constitution and report to the President upon the working of these safeguards. Principally, it’s an Indian constitutional body established to provide safeguards against the exploitation of Scheduled Castes to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution. The first National Commission for Scheduled Castes was established on 2004 with Suraj Bhan as the Chairperson. The Second National Commission for Scheduled Castes in series was constituted on May 2007 with Buta Singh as the Chairperson. The Third National Commission for Scheduled Castes has been constituted on October 2010 with P.L.Punia as the Chairperson. Functions: The following are the functions of the commission: - To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards. - To investigate into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes. - To partake and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State. - To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards. - To prepare such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes.
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- To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify. National Commission for Scheduled Tribe: In India, Scheduled Tribes community suffer a lot due to social, educational and economic backwardness. Unfortunately such miseries were in practice from many centuries because these two communities were considered untouchables in society. Establishment of National Commission for Scheduled Tribes was considered mandatory for the improvement of this community. On the 89th Amendment of the Constitution enacted on 19th February 2004, the National Commission for Scheduled Tribes has been formed under Article 338A on the bifurcation of the former National Commission for Scheduled Castes and Scheduled Tribes to supervise the implementation of various safeguards provided to Scheduled Tribes under the Constitution. The Commission comprises a Chairperson, a Vice-Chairperson and three full time Members (including one lady Member). The term of all the Members of the Commission is three years from the date of assumption of charge. The aim of establishing National Commission for Scheduled Tribes was to support and safeguard this community that was suppressed since the primeval period. The Government of India took an important step to set up such Commission that could prove helpful for this community to avail all infrastructures and facilities in the country without any isolation or discrimination. Purpose of setting up this commission is to safeguard their interests to keep them socially and economically strong and enhance their living standard. This newly established Commission was established through amending Article 338 of the Indian Constitution to insert a new Article 338A through 89th Amendment Act, 2003 which smoothened progress of this deprived community. Constitutional amendment paved the way to the bifurcation of erstwhile National Commission for Scheduled Castes and Scheduled Tribes into National Commission for Scheduled Tribes and the second one National Commission for Scheduled Castes with effect from February 19, 2004 to work independently. Duties and functions of National Commission for Scheduled Tribe: Constitution of India under Article 338A has assigned some duties and functions to the Commission which are same as National Commission for Scheduled Castes. The Commission shall discharge the following other functions in relation to the protection, welfare and development and progression of the Scheduled Tribes. 1. Measures that need to be taken over conferring ownership rights in respect of minor forest produce. 2. Measures to be taken to protection rights of the tribal communities over mineral resources, water resources, etc. as per law. 3. Measures to be taken for the development of tribal and to work for more viable livelihood strategies. 4. Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.
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5. Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place. 6. Measures to be taken to elicit maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation. 7. Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996). 8. Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribal that lead to their continuous disempowerment and degradation of land and the environment. Powers of the Commission: In order to investigate the matters referred to in sub-clause (a) to inquire into any complaint referred to in sub-clause (b) of clause 5, the Commission have all the powers of a Civil Court trying a suit and in particular in respect of the following matters. 1. Summoning and enforcing the attendance of any person from any part of India and examining him on oath. 2. Requiring the discovery and production of any document. 3. Receiving evidence on affidavits. 4. Requisitioning any public record or copy thereof from any court or office. 5. Issuing summons/communications for the examination of witnesses and documents. 6. Any other matter to which the President may by rule determine. Consultation by the Union and State Governments with the Commission: According to clause 9 of Article 338A of the Constitution, Union and every State Government must consult the Commission on all major policy matters affecting Scheduled Tribes. National Commission for Protection of Child Rights: The National Commission for Protection of Child Rights, abbreviated as NCPCR was formed in March 2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December 2005). The Commission's Mandate is to guarantee that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as preserved in the Constitution of India and also the UN Convention on the Rights of the Child. The Child is defined as a person in the 0 to 18 years age group. The Commission envisages a rights-based perspective flowing into National Policies and Programmes, along with nuanced responses at the State, District and Block levels, taking care of specificities and strengths of each region. In order to touch every child, it seeks a deeper permeation to communities and households and expects that the ground experiences gathered at the field are taken into consideration by all the authorities at the higher level. Thus the Commission observes a crucial role for the State, sound institution- building processes, respect for decentralization at the local bodies and community level and larger communal concern for children and their comfort. Functions: Major functions of the National Commission for Protection of Child Rights according to the CPCR Act 2005 are as under: 1. Examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation. www.pragnyaias.com 7288081111
2. Present to the central government, annually and at such other intervals, as the commission may deem fit, reports upon working of those safeguards. 3. Inquire into violation of child rights and recommend initiation of proceedings in such cases. 4. Inspect all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures. 5. Look into the matters relating to the children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juvenile children without family, and children of prisoners and recommend appropriate remedial measures. 6. Study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation in the best interest of children. 7. Undertake and promote research in the field of child rights. 8. Generate awareness for child rights literacy among various section of society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminar and other available means. 9. Inspect or cause to be inspected any juveniles custodial home, or any other place of residence or institution meant for children, under the control of the Central Government or any State Government or any other authority, including any institution run by a social organization, where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary. 10. Inquire into complaints and take suo motu notice of matter relating to: - Deprivation and violation of child rights. - Non implementation of laws providing for protection and development of children. - Non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and provides relief to such children. - Take up the issues arising out of such matters with appropriate authorities. 11. The Commission shall not enquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force. 12. Analyse existing law, policy and practice to assess compliance with Convention on the rights of the Child, undertake inquiries and produce reports on any aspects of policy or practice affecting children and comment on proposed new legislation related to child rights. 13. Present to the Central Government annually and at such other intervals as the Commission may deem fit, reports upon the working of those safeguards. 14. Undertake formal investigation where concern has been expressed either by children themselves or by concerned person on their behalf. 15. Promote, respect and serious consideration of the views of children in its work and in that of all Government Departments and Organisations dealing with Child. www.pragnyaias.com 7288081111
16. Produce and disseminate information about child rights. 17. Compile and analyse data on children. 18. Promote the incorporation of child rights into the school curriculum, training of teachers or personnel dealing with children. Under the Commissions for Protection of Child Rights Act, 2005, the National Commission would have all the powers of the Civil Court while inquiring into matter under the CPC4. The National Commission while inquiring into matters could seek for the discovery and production of any document and receive evidence on affidavits. It could also requisition any public record or copy thereof from any court or office. Apart from having the power to forward a case to a Magistrate, the commission is also authorised to issue commissions for the examination of witness. After inquiry the National Commission can recommend initiation of proceedings for prosecution or any other action the commission may deem fit. It can approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary or recommend to the concerned authority for grant of such interim relief to the victim's family as the Commission may consider necessary. This Commission had asked to establish special cells in schools to solve problems of children. The cell will examine the mental and physical torture against children. Complaints regarding sexual harassment mental harassment, favouritism etc. should be informed to the Taluk/District Legal Services Authority within 48 hours.
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