Indian Polity and Governance
Constitution, Political System and Public Policy
MOST IMPORTANT POLITY GK SUMMARY FOR ALL STATE PCS / ONE DAY EXAMS – ALSO USEFUL FOR UPSC PRELIMS
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The Constitutional Development of India
- The Charter Act of 1813 took away the exclusive right of the company to trade in India. Although this Act renewed the Charter for a further period of 20 years, it abolished the monopoly of East India Company and Indian trade was thrown open to all British subjects.
- The Indian Council Act, 1892 introduced two improvements in the Indian and Provincial Legislative councils –
- Retaining the majority of official members, it provided for the nomination of the non-official members of the Indian Legislative Council by Bengal chambers of commerce and the provincial councils were to be nominated by certain local bodies such as universities, district boards, municipalities.
- The councils were given the power of discussing the Budget and addressing question to the executive.
- The provision for the establishment of Supreme Court at For William Calcutta was made in the Regulating Act, 1773. Sir Elijah Impey was the first Chief Justice of this Supreme Court.
- The Federal Court in India was established by the Government of India Act, 1935 on 1st October, 1937. Sir Maurice Gwyer was its first Chief Justice.
- Regulating Act, 1773 – Establishment of Supreme Court
Pitt’s India Act, 1784 – Establishment of Board of Control
Charter Act, 1813 – Permission to English
Missionaries to work in India
Charter Act, 1833 – Appointment of Law Member in Governor General Council
- Dyarchy has been derived for the Greek word di-arche which means double rule. In the context of Indian history, the principle of Dyarchy refers to the division of legislation subjects in to central and provincial categories. The provincial subjects were further divided into reserved and transferred Comparatively important subjects (reserved subjects) such as police, jail, justice, finance and irrigation were to be administered by the governor and his executive council without being responsible to the Legislative council. Subject of lesser importance (transferred subjects) such as education, agriculture, local self government etc. were to be administered by the governor with the aid of ministers responsible to the legislative council.
- The Government of India Act 1935 was originally passed in August, 1935. Salient feature of the Act were –
- Dyarchy was introduced at the Central level instead of provinces as envisaged in the Act of 1919.
- The Government of India Act 1935 proposed to set up All India Federation comprising of the British India Provinces and the Princely States.
- The supremacy of British Parliament remained intact under the Government of India Act 1935.
- Burma was separated from India with effect from April 1937.
- The Government of India Act 1935 abolished the Council of the Secretary of State for India, which was created in 1858.
- The Federal Court of India was established on 1 October, 1937, Sir Maurice Gwyer was its first Chief Justice.
- The Central Federal Bank was established under this Act which was later known as the Reserve Bank of India (RBI).
- The Indian Councils Act of 1909 introduced separate electorate for Muslim community and thus sowed the needs of separatism that eventually led to the partition of country.
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- The Government of India Act, 1919 was passed by the British Parliament. The Act embodied the reforms recommended in the report of the Secretary of State for India, Edwin Montagu, and the Viceroy Lord Chelmsford. This Act provided for the introduction of a dual form of Government at provinces known as Dyarchy. The subjects of administration were divided into two categories – Reserved and Transferred. Thus, regarding Transferred matters, the executive power was given to Provinces by the Central government.
- As for as the question of a separate electoral system for Muslims is concerned, the provision had already been made by the Act of 1909. The Government of India Act, 1919 continued this provision and also extended it for Sikhs, European, Indian-Christian, and Anglo-Indian.
- The Principle of constitutional Autocracy was introduced by the Government of India Act, 1935. This Act vested the executive authority of Provinces in the Governors and of center in the Governor-General on the behalf of the Crown.
- The Government of India Act, 1919 made Indian Legislature bi-cameral for the first time. It was to consist of an Upper House named the Council of state and a lower House named the Legislative Assembly. Council of State was composed of 60 members of whom 34 were elected and the legislative Assembly was composed of 114 members of whom 104 were elected.
- Though in British India, Governor-General was empowered to promulgate ordinance without the permission of Legislative Council under the Indian Council Act, 1861. However, the President’s power to promulgate ordinance (Art, 123) is inspired by section 42 of Government of India Act, 1935.
- Section 87 was one of the most important sections of the Charter Act, 1833. It stated that no person of India or the Crown would be debarred from any place, post or service subject to the Company on the ground of religion, place of birth, decent or colour or any of them. Subsequently section 87 of the Act, 1833 laid down the foundation for the participation of Indians in the administration during the political movement.
- The separation of power was made by the Government of India Act, 1935. It divided the legislative powers between central and provincial legislatures and replaced ‘dyarchy in provinces with dyarchy at the center’. The act also envisaged establishment of ‘Federation of India’ made up of both British Indian and some of Princely States. However this part was never implemented.
- The residuary powers were given to Governor General in the Federation established under Government of India Act, 1935.
- Residuary Subjects were neither allocated to the central nor provincial legislature. Residuary power were vested in the Governor-General of India.
- Provision for a written Constitution for the country was not in the Government of India Act, 1935. It was mentioned for the first time during Cripps Mission.
- The Government of India Act, 1935 is an important source for the Constitution of India. Many provisions of Indian Constitution like Federal Government, diarchy at the center, distribution of power between Center and States and establishment of a Federal Court have been taken from it.
- Burma was separated from India according to the provision of Government of India Act, 1935.
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- The Cabinet Mission arrived in India in 1946. The Mission proposed a plan for the formation of a Constituent Assembly to frame a Constitution for the Indian Union. The representatives of provinces were based on the population; roughly 1 representative over 10 lakh population.
- Provincial elections were held in British India in 1936-37 as mandated by the Government of India Act, 1935. The elections were held in eleven provinces – Madras, Bihar, Central Provinces, Orissa, United Provinces, Bombay Presidency, Assam, NWFP, Bengal, Punjab and Sindh. The Congress ministry was formed in 8 provinces out of 11 in the election of 1937.
- The members of the Cabinet Mission were Sir Pethick-Lawrence, Stafford Cripps, and A.B. Alexander.
- The proposal for framing of the constitution of India (after the end of Second World War) by an elected Constituent Assembly was made by the Cripps Mission (1942).
- The Constituent Assembly of India was constituted under Cabinet Mission, 1946 on the basis of representative election.
- The Ilbert Bill was introduced in 1883 for British India by Viceroy Ripon who proposed an amendment to existing laws in the country at the time to allow Indian Judges and Magistrates, the jurisdiction to try British offenders in criminal cases at the district level, something which was not allowed at the time.
- On 24 August, 1946 Interim Government was announced on a condition that Interim Government would take charge latest by 2nd September, 1946. Viceroy was the President of the Executive Council while Jawaharlal Nehru was designated as Vice-President of the Executive Council.
- According to the Cabinet Mission’s declaration, an Interim Government was constituted on 2 September, 1946, from the newly elected Constituent Assembly. C. Rajgopalachari was the Education Minister, Dr. Rajendra Prasad, Food and Agriculture Minister and Jagjivan Ram was the Minister for Labour.
- The Swaraj Party formed at Ranchi, in May 1934, sought the right of self-decision or self-rule and made a proposal for a Constituent Assembly. This was to be composed of Indian representative elected on the basis of adult suffrage. It was the first occasion when Indians for a Constituent Assembly.
- In October, 1943 Lord Wavell, who had succeeded Lord Linlithgow as Governor-General, made an attempt to resolve the deadlock in India. He went to England for consultation in March, 1945. There he thoroughly discussed with British Government about Indian administration and made some proposals. In June 1945, his proposals were made public by the name of Wavell Plan. He proposed restructuring of the Governor-General’s Executive Council, which would have balanced the representation of the main communities, including equal proportions of Muslims and Hindus. All the portfolios except Defence were to be held by Indian members including foreign department. The Wavell Plan proposed an equal representation of Hindus and Muslim in the Executive Council. A part from Viceroy and Commander in chief in the Executive Council, all members were India. Thus it is clear that the Wavell Plan was intended to remove the deadlock on Constitutional matters political issues and to promote the self-governance for Indians but never intended to unite the Hindu-Muslim to avoid partition of India.
- The Legislative Assemblies of States were used as Electoral College for the formation of Constituent Assembly. In this way, the Constituent Assembly was a result of the indirect election. Peoples of several parties were involved in it. Constituent Assembly formed a number of committees to operate its working.
- The members of Constituent Assembly were elected by the members of Legislative Assembly of Provinces on the basis of indirect election, not by the direct election based on adult suffrage.
- Members of the constituent Assembly were elected by the members of Legislative Assemblies of various provinces. Each provinces and each Indian State or group of states were allotted the total number of seats proportional to their respective population roughly in the ratio of one to a million. As a result the Provinces were to elect 29 members while the Indian States were allotted a minimum of 93 seats.
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- Sachchidanand Sinha temporarily chaired the first meeting of the Constituent Assembly which was held on 9 December, 1946. The Constituent Assembly elected Dr. Rajendra Prasad as permanent Chairman on 11 December 1946. Dr. Rajendra Prasad’s name was proposed by J.B. Kripalani.
- As per recommendations proposed by Cabinet Mission (1946), members of Constituent Assembly were elected by the members of the Provincial Legislative Assemblies.
- The proceedings of the Constituent Assembly started with Objectives Resolution presented by Jawaharlal Nehru on 13 December, 1946. The objective Resolution was unanimously passed on 22 January, 1947. Later this objective Resolution turned to be the Preamble of the Constitution.
- The first session of the Constituent Assembly began on 9 December 1946 and ended on 23 December, 1946. The session was attended by 207 members.
- Under Indian Constitution, the head of the State i.e. the President is not elected by people directly; but by people’s representatives which include elected members of both the Houses of Parliament, elected member of the State Legislative Assemblies of all the States including Union Territories.
- On 22 January, 1947 a resolution for Constitution of India was unanimously adopted by the Constituent Assembly which was presented by Jawaharlal Nehru on 13 December, 1946.
- The Constituent Assembly took 2 years, 11 months and 18 days to complete its historic task of drafting the Constitution. During this period, there were 11 session covering a total of 165 days. Apart from these eleven sessions, one more session was held on 24 January, 1950 in which the members appended their signature.
- Constituent Assembly formed Union Constitution Committee with other prominent Committees. Jawaharlal Nehru was the Chairman of Union Constitution Committee.
- The other Committees and their Chairmen were –
- Committee on the Rule of Procedure – Rajendra Prasad
- Steering Committee – Rajendra Prasad
- States Committee – Rajendra Prasad
- Drafting Committee – B.R. Ambedkar
- Advisory Committee on Fundamental Right, Minorities, Tribal and Excluded Areas – Sardar Vallabh Bhai Patel
This committee had two sub-committees –
- Fundamental Right sub –committee – J.B. Kripalani
- Minority sub-committee – C. Mukherjee
- Union Power Committee – Jawaharlal Nehru
- Union Constitution Committee – Jawaharlal Nehru
- Provincial Constitution Committee – Sardar Vallabhahai Patel
- First Vice- Chairman of Constituent Assembly – C. Mukherjee
The Only Congress member of drafting committee – K.M. Munshi
Representative of Rajasthan’s Princely state – V.T. Krishnamachari
Chairman of the Union Constitution Committee – Jawaharlal Nehru
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- B.R. Ambedkar was the chairman of the Drafting committee. It was the most important committee since it was tasked with the responsibility of wording the constitution.
- On 29 August, 1947, by a resolution, Drafting Committee was formed under the chairmanship of Dr. Ambedkar to discuss and decide the form and structure of the Constitution.
- Sardar Vallabhbhai Patel was the chairman of advisory committee on Fundamental Rights, Minorities, Tribals and Excluded Areas. This committee has two sub-committees-Fundamental Rights sub-committee under the chairmanship of J.B. Kriplani and Minority sub-committee under the Chairmanship of H.C.
- Benegal Narsing Rao (B.N. Rao) was appointed as the constitutional advisor during the formation of the Constitution.
- There were 6 other members in the drafting committee constituted under the chairmanship of Dr. B.R. Ambedkar. Members were – N. Gopal Swami Ayangar, Alladi-Krishanswami Iyer, K.M. Munshi, Mohd Sadullah, B.L. Mitra, and D.P. Khetan. In place of B.L. Mitra, N. Madhav Rao and after the death of D.P. Khetan in 1948. T.T. Krishanamchari was included in the Committee.
- The first draft of the Constitution was prepared by the constitutional advisor B.N. Rao which was put before drafting committee for opinion, discussion and changes in it. Original draft proposed by Mr. Rao included 243 Articles and 13 Schedules.
- The National Flag of India was adopted during fourth session of the constituent Assembly on 22 July, 1947.
- The third reading of the Constitution by Constituent Assembly was started on 17 November, 1949 and completed on 26 November, 1949.
- There were two flag committees mentioned in the Indian history –
- The Flag Committee constituted on 2 April, 1931 at Karachi Session under the chairmanship of Sardar Vallabhbhai Patel
- An Ad-hoc Committee on National Flag was formed on 23 June, 1947 whose chairman was Dr. Rajendra Prasad.
- The Preamble of the Constitution states, “we the People of India enact, adopt and give to ourselves this Constitution on 26 November, 1949”. This date is considered as the date of adoption, completion and passing of the Constitution. On the same day the provisions relating to citizenship, interim parliament and emergency came in force. Rest of the provisions came into effect on 26 January, 1950. Thus 26 January, 1950 is considered as enforcement date of the Constitution.
- The design of the National Flag was adopted by the Constituent Assembly on 22 July, 1947.
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- The Purna Swaraj declaration was promulgated by the Indian National Congress in Lahore Session (December, 1929) where Congress asked people of India to observe 26 January as Independence Day. After that Congress regularly observed 26 January as the Independence Day of India. The new Constitution of India, as drafted and approved by the Constituent Assembly of India, was mandated to take effect on 26 January 1950, to commemorate the 1929 declaration.
- The Constitution was adopted by Constituent Assembly at its 11th Session on 26 November, 1949.
- The Constitutional Day of India is celebrated on 26th November since the new Constitution of India was adopted by the constituent Assembly on 26th November, 1949 and signed by President Rajendra Prasad. Some of the provisions of the constitution came into force at once while the remaining provisions of the Constitution came into force on 26th January, 1950, the commencement date of the constitution.
- In the preliminary election held in 1946, Dr. Ambedkar was elected from the eastern part of undivided Bengal. Later on, this region became part of Pakistan and then Ambedkar was elected as a member of the Constituent Assembly from Pune seat of Bombay Presidency which was vacant after the resignation of M.R. Jaikar. Since Dr. Ambedkar was elected from East Bengal not West Bengal.
- The Constitution of India was enacted on 26 November, 1949. The Preamble to the Constitution says – “We the People of India having solemnly resolved to constitute India……in our Constituent Assembly this twenty-sixth day of November 1949 do, Hereby, Adopt, Enact and give to ourselves this Constitution”.
- Ambedkar, who played a prominent role in drafting the Constitution, was born on 14 April, 1891 and died on 6 December, 1956.
- The Constituent Assembly accepted “Jana Gana Mana” as the National Anthem of India on 24 January, 1950. A formal rendition of the national anthem takes fifty-two seconds.
- The State Emblem which is extracted from the Ashoka pillar at Sarnath (Varanasi) was adopted by the Government of India on 26 January, 1950.
- At the time of discussion on adult franchise, Maulana Azad in Constituent Assembly pleaded for Deferment of Adult Franchise for 15 years, but Dr. Rajendra Prasad and Jawaharlal Nehru supported for its adoption strongly.
- During Third Round Table Conference a plan was presented to finalize the Government of India Act 1935. In this Act, provision was made to form an All India Federation Comprising of states of British India and Princely states. Third Round Table Conference was organized in 1932 in London and congress did not participate in the conference.
- Mahatma Gandhi suggested that the Indian National Congress was formed only for achieving Independence and should be disbanded as a political party after the Independence of India.
- The Indian Constitution is able to provide for all the necessities of the country. It is also well-versed to future prospect as it contains a provision for amendments. On the other hand, it takes view and principles from the Constitution of various other countries. Thus, it may be called as “Adopted Constitution’.
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- “In their nationalist reaction, the Founding Fathers of Indian Constitution tended to minimize the important of minority interests and emotions.” This comment was made by Sir Ivor Jennings on the provisions for protection of Minorities in Indian Constitution.
- The total number of women members in the Constituent Assembly was 15. The were –
- Ammu Swaminathan
- Annie Mascarene
- Sarojini Naidu
- Dakshayani Velayudan
- Durgabai Deshmukh
- Hansa Mehta
- Kamla Chaudhary
- Leela Ray
- Malati Chowdhury
- Rajkumari Amrit Kaur
- Renuka Ray
- Pumima Banerjee
- Begum Aizaz Rasul
- Sucheta Kripalani
- Vijaylakshmi Pandit
- The States and the Central Government derive power from the Constitution of India, which is the source of the powers of the Central and states governments. The President, the Prime Minister and the Parliament of India, all find mention in the Constitution itself.
Foreign Impact on the Constitution
- The idea of the Preamble was borrowed from the Constitution of United States. Whereas the language of Preamble was borrowed from the constitution of Australia.
- The concept of “A union of States” in the Indian constitution has been derived from the British North American Act, 1867. According to Article 1(1) of the Indian constitution, “India that is Bharat, shall be a Union of States”. According to ‘Constituent Assembly Debates’ vol. VII, “The Drafting Committee considers that following the language of the British North America Act, 1867, it would not be inappropriate to describe India a Union although its constitution may be federal in structure.
- The constitution is supreme in Indian political system. The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, established the structure, procedures, powers and duties of Government institutions and sets out fundamental rights directive principles and the duties of the citizens.
- The Constitution of India is federal in nature. The concept of Federal System in our Constitution is inspired from the Constitution of Canada.
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- The concept of “Judicial Review” in Indian Constitution has been adopted from the Constitution of the United States. Judicial review is the power of the courts to examine the action of the legislative, executive and administrative arms of the Government and to determine whether such actions are consistent with the Constitution. Actions judged inconsistent are declared unconstitutional and therefore null and void.
- The constitution of India adopted the process of ‘Judicial Review’ from the U.S. Constitution which is not applicable in the British Parliamentary System while rest of the options are applicable to both the Parliamentary systems.
- The system of Judicial Review exists in both India and U.S.A.
- The scope of Judicial review is limited in India. As decided in the Kesavananda Bharathi case (1973), the basic structure doctrine forms, the basis of power of the Indian Judiciary to review and strike down amendments to the Constitution of India.
- The characteristic of “Federal Court for Interpretation of Constitution” is common in both Indian and American federal systems while in the United States three is one judicial system at the Union level and other at the State level. The Three list is also not present in the U.S. Constitution. The Indian Constitution provides single citizenship however, U.S. Constitution provides dual citizenship.
- The concurrent list is borrowed from the constitution of Australia. In this list, the items are included on which both Union and State have right to make law. It is in the seventh schedule of the Constitution which originally included 47 item (now increased to 52 items as Item No: 11A, 17A, 17B, 20A, 33B were added through amendments.)
- Pocket Veto is an indirect veto of a legislative Bill by an Executive through retention of the Bill unsigned until after adjournment of the legislature. The President of India and the American President both possess pocket veto. The American can President is bound to return the Bill within 10 days if he refuses his assent, whereas there is no such time limit in the Indian Constitution for the President of India. The residuary powers are vested in the Center in India and in the States in USA. All the members are directly elected to the upper House of the USA while in the upper house of the Indian Parliament 12 members are nominated by the President.
- The government system of India and American is federal. The United States of America is a federal republic consisting of 50 States however India is a Union of 29 States and 7 Union Territories. Article 1 of Indian Constitution declares it as the Union of States. A federal systems is one in which there is a separation of powers between the organs of State. Bothe, Indian Constitution and the Constitution of the United States provide for separation of power. Some of the Constitution experts called the Indian Constitution having unitary nature because at the time of emergency it provides a strong center, but the reality is that Indian Constitution is of federal nature having some unitary features.
- The inclusion of Directive Principles of State Policy in the Indian Constitution is inspired by the Directive Principles given in the Constitution of Ireland. These provisions are mentioned in Part IV (Article 36 to Article 51) of the Constitution. The Directive Principles of State Policy are not enforceable in a Court of law, but the principles laid down there are considered fundamental in the governance of the country making it the duty of the State to apply these principles in making law to establish a just society in the country.
- The concept of formation of Rajya Sabha by representation to talent, qualification, experience and service is influenced by the Irish Republic.
- Fundamental Rights – S. Bill of Rights
- Directive Principles of State Policy – Irish Constitution
- Cabinet Government – British Constitution
- Union-State Relation – Canadian Constitution
- Cabinet Government – Canadian Constitution
- Fundamental Rights – United States
- Parliament System – Great Britain (U.K.)
- Emergency Provisions – Germany (Weimar Constitution)
- Directive Principles of States Policy Ireland
- Rule of Law – England
- Procedure established by Law – Japan
- Reserving of bill by Governor for President’s consideration – Canada
- Concurrent list – Australia
- The Indian Constitution is the longest written Constitution of the World. It has 395 Articles, 12 Schedules, and 22 Parts. The chapter on Fundamental Rights has been borrowed from the Constitution of U.S.A., but this is not the only reason responsible for lengthy Constitution.
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- Fundamental Rights have been incorporated in Part III, Article-12-35 of the Indian Constitution. This Provision has been borrowed from the Constitution of United States of America. It includes- Right to Equality (Art 14-18), Right to Freedom (Art 19-22), Right against Exploitation (Art 23, 24), Right to Freedom of Religion (Art 25-26), Culture and Educational Rights (Art 29, 30), Right to Constitutional Remedies (Art 32). The concept of Vice President’s Powers and establishment of Supreme Court has also been taken from the Constitution of United States of America.
- The concept of Fundamental Duties is borrowed or inspired from Russian Constitution and was added in our Constitution by 42 Amendment of 1976. The recommendation for Fundamental Duties was made by Swaran Singh Committee.
Articles and Schedules in the Constitution of India
- Originally, there were 22 Parts, 395 Articles and 8 Schedules in the Constitution of India. The Constitution in recent from consists of 448 Articles in 25 Parts, 12 Schedules.
- There are 12 Schedules in our Constitution. Originally there were only 8 Schedules but 4 Schedules were added by Amendment Acts. 9th Schedule was added by 1st amendment in 1951, related to Land Tenure, Land Tax and Railways. 10th Schedule was added 52nd amendment in 1985 which contains provisions of disqualification on the grounds of defection. 11th Schedule was added by 73rd amendment in 1992 and it contains provisions of Panchayati Raj. 12th Schedule was added by 74th amendment in 1992 which contains provisions of Municipal Corporation.
- The Constitution of India was originally divided into 22 parts, but 4 new Parts have been added by amendments. These parts are – Part IVA for Fundamental Duties, Part IXA for Panchayats, Part IXB for Co-operative Societies, Part XIVA for Tribunals. Part VII which was related to Part B States has been repealed by 7 Amendment Act of 1956. Thus the actual number of Parts in the Constitution is 25, but the numbering of Parts of the Constitution is 22.
- Formation of New States – 3 of the Constitution of India
- Citizenship – Part-2 of the Constitution of India
- Fundamental Rights – Part -3 of the Constitution of India
- Setting of Administrative Tribunals – 323-A of Constitution of India
- Provisions relating to Citizenship are contained in Part II of the Constitution (Article 5 to 11)
- In 1992, the 73rd and 74th Constitutional Amendment were passed by the Parliament. 73rd Amendment is about Rural Local Government (known as Panchayati Raj Institution). 74th Amendment is related to Urban Local Government (Nagarpalika). 73rd Amendment introduces three tier Panchayat System in Part 9 of the Constitution. At the base is Gram Panchayat covering a village or groups of villages. The Intermediary level is the Mandal or Taluka Panchayat. The intermediary level body need to be constituted in smaller states having a population less than 20 lakhs. At the Apex is the Zila Panchayat covering the entire area of the District.
- The provision relating to Fundamental Duties is included in Part IV-A which was inserted in the Indian Constitution in 1976.
- Part XI of the Indian Constitution deals with the relation between Union and States. Chapter 1 of Part XI is about distribution of legislative power between Union and states whereas chapter 2 deals with administrative relations between them. Part XII deals with Finance, Property, Contract and suit.
- First Schedule – This lists the states and territories of India.
- Second Schedule – This lists the salaries of officials holding public office, Judges and CAG.
- Third Schedule – Forms of Oaths or Affirmations
- Fourth Schedule – This details the allocation of seats in the Rajya Sabha.
- The Third Schedule of the Indian Constitution deals with forms of oaths affirmation to be made by the following –
- A Minister for the Union
- A candidate for election to Parliament
- A member of Parliament
- The Judges of the Supreme Court and the comptroller and Auditor-General of India
- A Minister for a state
- A candidate for election to the legislative of a state
- A member of the legislature of a state
- The Judges of a High Court
- The form of oath for President of India has been given in Article 60 of the Constitution.
- Schedule Subject
4th – Allocation of Seats in Council of States
6th – Tribal Areas
7th – Distribution of Legislative Powers
8th – Language
9th – Land Reforms
10th – Disqualification of ground of defection
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- Union List – 97 entries
- State List – 66 entries
- Concurrent List- 47 entries
- The laws related to Land Reform and Zamindari Abolition have been given Constitutional protection by Schedule 9 of the Constitution which was inserted by the first Amendment in June 1951.
- Criminal Laws including all matters included in the Indian Penal Code are the subjects of Concurrent List, while Police, is the subjects of State List Foreign Affairs, Radio and Television are the subject of Union List.
- Entry No. 20 of the Concurrent List is related to Economic and social Planning. It is to be noted that the Planning Commission of India was established by the Government of India Under this entry.
- Stock Exchange and Post Office saving Bank are the subjects of the Union List while Public Health is a subject of State List. Forest is the subject of the Concurrent List (initially it was the subject of State List).
- Population Control and Family Planning is the subject of Concurrent List (Entry No. 20-A added by 42-Amendment Act 1976) and Public Health and Sanitation (Entry-6), Treasure Travel (Entry-44) and Per-Person Tax are State List subjects.
- There are 52 Subjects defined and enlisted under List-III of the 7th Schedule of the Constitution of India, which from the joint domain of both the State Governments and the Union Territories of India as well as the Central Governor of India. Initially, Education was the subject of State List (Entry no. -11), but under 42nd Amendment of the Constitution, 1976 Education became a concurrent list subject which enables the Central Government to legislate on the subject of Education.
- Article 45 of Part IV (Directive Principles) deals with the free and compulsory education for children. Article 243 (4) empowered the Panchayats and Rural Authority to make provisions for education. Fifth, Sixth and Seventh Schedule are also indirectly related to education .
- The tenth Schedule which contains Anti-defection law was added by 52nd Amendment Act (1985) in the Indian Constitution. It contains provision regarding Anti-defection Law and lays down the process by which legislators may be disqualified on the ground of defection.
- Education, Electricity, and Forest are the subjects of Concurrent List while Railway Police is the subjects of State List.
- Entry 5 of the State List in 7th Schedule provides for Local Government (Panchayati Raj).
- Criminal Procedure is the subject of Concurrent List in the 7th Schedule while Public Order, Prisons, and Police are in the State List.
- Marriage, Divorce and Adoption are the subjects of List III i.e. Concurrent List as Entry no. 5 related to VII Schedule.
- Article 246 of the Indian Constitution, distributes legislatives powers including taxation between the Parliament of Indian and the State Legislature. Schedule VII enumerates these subject matters with the use of three lists: List I, List II and List III. Thus the right to impose taxes and fees by Union and States is provided in VII Schedule of the Constitution.
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- The railway is a subject of Union List, but Railway Police is the subject of State List. Corporation Tax and Census are under Union List, but the Economic and Social Planning is the subject of Concurrent List.
- Land Reforms is the subject of State List. “Land Reform Act have been added to Schedule IX of the Constitution” by 1st Amendment Act (1951) to provide Constitutional protection to states on matters of Reform Acts.
- Special provisions are laid down by the fifth and sixth schedule in the constitution of India to protect the interests of Schedule Tribes.
- Schedule V of the Constitution provides for administration and control of Scheduled Areas and Scheduled Tribes except in the States of Assam, Tripura, Meghalaya and Mizoram. The provision of administration of tribal areas in these States is provided in the VI Schedule of the Constitution.
- 73rd Amendment 1992 added a new Part IX to the Constitution titled “The Panchayats” covering provisions from Article 243 to 243 (O); and a new 11th Schedule covering 29 subjects for the functioning of the Panchayats.
- Article 312 of the Indian Constitution provides for “All India Services.” If the Council of States had declared by the resolution supported by not less than two-third of the members present and voting that it is necessary or expedient in the National interest for the creation of one or more “All India Services,” Parliament may be law provide for one or more All India
- According to Article 117, special provision as to Financial Bills are made as, “A Bill or Amendment making provision for any of the matters regarding the imposition, abolition, remission, alteration or regulation of any tax shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States.” Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.
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- Part XV (Article 324-329) is related to “Elections” according to Article 324 (2), the Election Commission shall consist of elections the Chief Election Commissioner and a such number of other Commissioners as the President may from time to time fix. Its main function is superintendence, direction, and control of elections. The provision of a Supreme Court is in Article 124, Union Public Service Commission is in Article 315 and Advocate General is in Article 165. While 351 is related to Directive for the development of Hindi Language.
- The Separation of Judiciary from the executive is given in Article 50 while Article 48 provides for the organisation of Agriculture and Animal Husbandry.
- Special provision in regards to Financial Bills is provided in Article 117. Its three clauses give various conditions for Financial Bill. Article 119 gives Provision for Regulation of procedure in Parliament in relation to financial business by law. While Article 121 imposes a restriction on the discussion in the Parliament with respect to the conduct of any Judge of the Supreme Court or High Courts in the discharge of his duties. Article 123 is related to promulgation of an ordinance by the President.
- Article 5 contains provisions for Citizenship. Article 124 is for the establishment of Supreme Court, Article 245 is related to distribution of powers between Union and States Legislature, and Article 352 is related to Proclamation of Emergency.
- Article 2 – To admit new states by law
- Article 14 – The right to equality
- Article 22 – Protection against arrest and detention
- Article 111 – The power of the President to assent to Bills
- Article 36 – Directive Principles for State Policy
- Article 74 – Council of Ministers
- Article 368 – Procedure for Amendment of the Constitution
- Article 54 – Election of the President
- Article 75 – Appointment of Prime Minister and the establishment of Council of Ministers
- Article 155 – Appointment of Governor
- Article 164 – Appointment of Chief Minister of States and establishment of their Council of Ministers
- Article 170 – Contains Provision for the composition of State Legislative Assemblies
- Article 368 – Constitutional Amendment
- Article 280 – Finance Commission
- Article 360 – Financial Emergency
- Article 312 – All India Services
- Article 323-A – Administration Tribunals
- Article 324 – Election
- Article 330 – Reservation of seats for Scheduled Castes and Scheduled Tribes in Lok Sabha
- Article 320 – Functions of Public Service Commissions
- Article 148 – Comptroller and Auditor General of India
- Article 315 – Union Public Service Commission
- Article 352 – Proclamation of Emergency is provided in the Article
- Article 17 – Abolition of untouchability
- Article 78 – Duties of Prime Minister regarding furnishing of information to the President
- Article 192 – The decision on questions of disqualification of members of the House of the Legislature of a State.
- Article 131 – Jurisdiction of Supreme Court
- Article 215 – High Courts to be Courts of Record
- Article 222 – Transfer of Judges from one High Court to another High Court
- Article 226 – Writ Jurisdiction of High Cc—it
- Article 227 – High Court’s power of Superintendence over all Courts
- Article 14 – Equality before Law
- Article 41 – Right to Work
- Article 42 – Just and Humane conditions of work
- Article 45 – Free and Compulsory Education for Children
- Constitution Subject
Part IX – Panchayats
Part VIII – Union Territories
Part IV-A – Fundamental Duties
Part IX-A – Municipalities
Part IX-B – The Co-operative Society
Part XIV-A – Tribunals
Part V – The Union
Part XVIII – Emergency provision
Part XV – Election
Part XVI – Special provision in relation to certain classes
Part XVII – Official Language
STUDY FOR CIVIL SERVICES-GYAN
- The Indian Constitution starts with the preamble which outlines the main objectives of the Constitution. The Preamble describes the nature, objectives, and ideals of Indian political system. It also contains a date on which the Constitution was adopted, i.e. 26 November, 1949. The term “X” stands for the adoption date.
- Constitution of India came into force on 26-January, 1950. The exact Constitutional status on 26-01-1950 was ‘A SOVEREIGN DEMOCRATIC REPUBLIC.’ The word Socialist, secular and integrity were added by the 42nd Amendment of the Constitution, 1976.
- There was no unanimity in the Constituent Assembly about the name of the country. Some member suggested the traditional name “Bharat” while others advocated the modern name “India.” Hence the Constitution of India contains both. According to Article 1 – “India, that is Bharat, shall be a Union of States.”
- The Preamble to the Indian Constitution as amendment by the 42nd Amendment in 1976 is – We the People of India, having solemnly resolved to constitute India into Sovereign, Socialist, Secular, Democratic Republic….” The word ‘People’s’ is not mentioned in the Preamble of Indian Constitution. This particular word has been mentioned in the Constitution of China.
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- The Preamble of the Constitution Contain the word ‘Secular which was added in the Preamble by 42nd Amendment 1976. Thus, it declares the Indian States as Secular State.
- The Objectives Resolution moved by Jawaharlal Nehru on 13 December, 1946 was unanimously adopted by the Constituent Assembly as the Preamble of the Constitution on 22 January, 1947. In the case of Kesavanand Bharati (1973), the Supreme Court held that the Fundamental Rights, like other parts of the constitution were subjected to Amendments by the Parliament provided the Amendments do not destroy the Basic Structure of the Constitution as stated in the Preamble. It is notable that it is non-justiciable i.e. its provisions can’t be enforced in a court of Law. It cannot override the provisions of the Constitution.
- In 1976, the Preamble to the Constitution was modified by the 42nd The characterization of India as ‘Sovereign Democratic Republic’ changed to ‘Sovereign Socialist Secular Democratic Republic.’ The words ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation.’
- The Preamble embodies the basic philosophy and fundamental values on which the constitution is based. The Preamble is aimed to secure all its citizens (1) Justice-Social, Economic, Political (2) Liberty of Thought, Expression, Belief, Faith and Worship (3) Equality of Status and Opportunity (4) Fraternity assuring the Dignity of the Individual and Unity and Integrity of the Nation.
- Republic means a state in which supreme power is held by the people and the Head of the state is elected by people through election. In case of India, the Head of the State is elected by indirect election i.e. through elected representative. Hence India is a Republic.
- The Preamble to the Constitution starts with the words – “We the People of India….” These words indicate the Sovereignty of People or citizens of India. It means that peoples of India are not governed by any external power but are directed by the Constitution.
- The Preamble of the Constitution of India embodies the LEBERTY of through, expression, belief, faith and worship but does not include economic liberty.
- “All persons completely and equally are human” this principle is known as “Universalism.” According to this principle, every person is entitled to Human Rights without any discrimination among them.
- The Preamble of the Constitution of India mentions JUSTICE (social, economic and political) whereas the word Religious Justice is not present in the Preamble.
- The Indian Constitution embodies the positive concept of Secularism. Secularism in India means equal treatment of all the religions by the State.
- The words ‘Socialist’ and ‘Secular’ were not the part of Preamble of the Constitution at the time of its commencement in 1950. By the Amendment (42nd) in 1976, these words were inserted in the Preamble. This 42nd Amendment Act came into force on 03-01-1977.
- Bhimrao Ambedkar in 1947 became the Chairman of the Drafting Committee of the Constituent Assembly of India. Ambedkar was a staunch Constitutionalist. He believed that a government must be Constitutional and that Constitution must be treated as basic and sacred document.
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- In the case of S.R. Bommai Vs. Union of India, 1994, the Supreme Court held that the Preamble is an integral part of the Constitution. In the case of Kesavanand Bharti Vs State of Kerala (1973), a bench of 13 Judge of Supreme Court recognized Preamble as the Basic Structure of the Constitution.
- The Preamble of the Constitution is called the ‘Soul of the Constitution.’ K.M. Munshi, a member of the drafting committee, defined the Preamble as the “Horoscope of our sovereign democratic Republic.” Subhash Kashyap has mentioned that “If Constitution is the body then Preamble is the Soul, If the Preamble is a foundation then Constitution is a structure of building standing on it.
- The Principle of equality is largely confined to the test of eradicating special privileges. This was evident in the fact that calls for formal equality were first made in the hope of breaking down the hierarchy of ranks and orders which had survived form feudal times. Privileges granted to one class of persons on grounds of gender, colour, creed or religion are widely regarded as irrational prejudices which fall contrary to the principle of equality.
- Social Equality has been guaranteed in our Constitution under ‘Right to Equality’ in Article 14 to 18. The Preamble to the Constitution also aims to ensure social equality.
The Governance System
- The state has four essential elements: Population, Territory, Government and Sovereignty. Among all of them, Sovereignty is the most important element. India, before 1947 was not a state because though it had the other three elements, i.e., population, territory and government, the fourth and the most important one, i.e., Sovereignty was missing (because of British control over India).
- The State is everywhere: it leaves hardly a gap”. This statement explains the concept of a welfare state.
- The Presidential form of Government is not a feature of the Indian Constitution. Parliamentary Government, Independent Judiciary and Federal Government are the characteristics of the Indian Constitution.
- Parliamentary system of Government is also known as cabinet form of government or responsible Government. This type of Government is responsible to the popular House of Legislature and remains in power till it has the majority in that House. Thus, Cabinet form of Government is a mechanism to ensure collective responsibility of the Government to the people.
- Governance system is mainly of two types – Parliamentary and Presidential. India follows Parliamentary from of governance which is influenced by the Parliament system of the United Kingdom. In a Parliamentary system, executive branch derives its democratic legitimacy from the Legislature and is also accountable to the Legislature.
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- Red Tapism refers to excessive regulation which hinders or prevents action or decision-making. Thus, it is not a feature of good governance. On other hand, accountability, transparency and rule of law are features of good governance.
- In Report 12 (Citizen-Centric Administration: The heart of Governance) of the second Administrative Reforms Commission barriers of good governance in India have been identified. It also describes the pre-conditions for good governance.
- A Parliamentary system of Government is a system of democratic governance in which the executive branch derives its democratic legitimacy from and is held accountable to the Legislature (Parliament). Therefore, the Executive (Council of Ministers) is responsible to the Lok Sabha (House of the People).
- In a Parliament System of Government, the Executive is controlled by the Legislature.
- In Presidential form of Government, all the executive powers are vested in the President who serves as both head of the state and head of the Government.
- One of the main advantages of the parliamentary form of the Government is that executive remains responsible to the Legislature. This results in the formation of a responsible Government. In such a Government system the Executive derives its legitimacy from the Legislature.
- The cardinal feature of the political system in India is that it is a democratic republic, where the supreme power is vested in the People of India. India has a Parliamentary form of Government however, it does not provide for a unified authority but makes a Separation of powers between Union and States.
- The Philosophy and ideals of the Constitution are reflected in the Preamble of Constitution. India is a democratic republic committed to provide equality of opportunity and status. The Preamble describes socialist state as an ideal to be realised by India. To provide for political equality, India has adopted the principle of ‘Adut Franchise’. Communist state however is not the philosophy of the Constitution of India.
- According to the Constitution, India is a Sovereign, Socialist, Secular, Democratic, Republic. The architect of Indian Constitution provided for a welfare State by the provision of Directive Principles of state policy.
- There is Rule of Law in India. India has a democratic Government which is opposite to authoritarian Government. After every five-year, peoples of India elect their representatives who constitute a Government following the Constitution of India.
- The Welfare State is concept of Government in which the State plays a key role in the protection and promotion of the social and economic well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves the minimum provisions for a good life.
- The basic feature of the Presidential Government is a single Executive. In such Government, the power is centralized.
- The democracy of India is based on the fact that People have right to elect their representatives, who form the Government. It is a political system where people are supreme, and have freedom to choose and change government at the time o f election.
- The Indian Constitution is considered as a combination of flexibility and rigidity as it is partially rigid and partially flexible. Some of its provisions may be amended by simple majority, and some of the provision need two-third majority under Article 368 for Amendments. Even after the special (2/3) majority, some of them need ratification by at least 50% of the Legislatures.
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- Democracy requires the participation of the people who are at the helm of the Government in that they have to choose the right person to represent them. Participation develops awareness and enriches them with information required to make decisions. The onus of the success of democracy is directly related to the quality of decisions made by people. Thus the virtue of democracy lies in the fact that it builds on the wisdom and character of common people.
- In the absence of written Constitution, the British Parliament is a Sovereign body while the Indian Parliament is subject to the Constitution of India. Its powers are not absolute in the British sense of the term. The Supreme Court has the power of judicial review. It can declare any legislative action which is inconsistent with Basic Structure of the Constitution of India as null and void.
- The democratic Governments are classified into two categories – Unitary and Federal. In a unitary Constitution, all the powers are concentrated to a Central authority. The States are subordinated to such central authority. In a federal Constitution, there is a distribution of power among the Centre and the States. States are not subordinates of the Centre. In Indian Constitution, there is a provision for the distribution of powers between Union and States in the 7th Schedule, so it is called a Federal Constitution.
- The Indian Constitution is considered as a combination of flexibility and rigidity as it is partially rigid and partially flexible. Some of its provisions may be amended by simple majority, and some of the provisions need two-third majority under Article 368 for Amendments. Even after the special (2/3) majority, some of them need ratification by at least 50% of the State Legislatures.
- As per Dr. B.R. Ambedkar- “The Constitution can be both Unitary as well as Federal according to the requirements of time and circumstances. In normal times, it is so designed as to make it work as though it was a unitary system”.
- The Indian Constitution has both Federal and Unitary features. In its Federal characteristic, it has a Written Constitutions, rigid Constitution, distribution of powers between States and Centre, Independence of Judiciary and bicameral Legislature, etc. However, it is also includes features like single citizenship, the appointment of Governors by President, declaration of Emergency, Power of Parliament for agreements implementation which are unitary characteristics.
- A written Constitution, distribution of powers, supremacy of the constitution, Independence of Judiciary, unequal representation of states in the Rajya Sabha, Dual Governments are all features of India federalism. However Indian federalism is not a result of any agreement among the federating units.
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- India is not a complete Federal system because some provisions in Indian Constitution give it a unitary character. However, a number of Constitutional experts accept it as a federal state as there is a separation of powers between Union and States. K.C. Where describes Indian Constitution as ‘Quasi-Federal’.
- The President of India is elected by indirect election. Parliamentary system in India has been combined with republicanism as the Head of the State is President. As in a Republic, there is no hereditary ruler, and all the representatives and other authorities are elected by direct or indirect election by the people of India.
- The framers of the Constitution adopted the federal system due to two main reasons; the large size of the country and its socio-cultural diversity. There is no unanimous view among the constitutional experts regarding the nature of the Constitution. Granville Austin describes Indian Constitution as Cooperative Federalism while K.C. Where describes it as Quasi-Federal.
- Democracy protects the Individual rights and increase the self-respect and dignity of women, poor, Dalits and minority groups. So, they are the biggest stakeholders of democracy of India.
- Herbert A Simon rejected the ‘principle of administration as myth and proverbs’ while Dwight Waldo, Frank Marini and F.W. Riggs accepted administration as myth and proverbs.
- The Indian Constitution is the longest written Constitution of the world. It is so because it contains all the matters and related provisions for the Union and as well as for the States.
- C. Where was of the opinion that Indian Constitution is a Quasi Federal Constitution. He said that Indian Constitution establishes good balance between rigidity and flexibility because there exists variety in the amending process. Some provisions of the constitution can be amended only by simple majority and some by special majority. Therefore it can be termed as a good balance between rigidity and flexibility.
- B.R. Ambedkar accepted that the Indian Constitution had not been set in the tight mould of federalism and it contains both federal and unitary characteristics.
- Indian has a Parliamentary form of Government, not Presidential form of Government. President is only the formal head of the Government. In other words, he is a nominal executive. The real executive being the Council of Ministers headed by the Prime Minister. Indian Constitution adopted a form of secular State and federal systems.
- Constitution is the source of power of a Constitutional Government. Constitution imposes certain limitations upon the Government in the interest of People. Constitutionalism has evolved to protect public interest and liberty from the autocratic power of Government. The institutional mechanism remains present in Constitutional Governments to protect citizen’s liberties.
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The National Emblem
- Tiger (Panthera Tigris Linnaeus) is the national animal of India. To improve the decreasing population and to protect tigers, the Tiger Conservation Project was started in April 1973.
- Lotus is the national flower of India which is the emblem of Indian Culture. Its scientific name is Nelumbo Nucifera.
- The National bird of India is Peacock. Its scientific name is Pavo Cristatus. It is notable that Banyan is the National tree, Mango is the national fruit, ‘Satyamev Jayte’ is national motto taken from Mundaka Upanishad and inscribed in the script at the base of the National Emblem which has been adopted as National Emblem from Lion Capital of Ashoka erected at Sarnath, Varanasi. Ganges River Dolphin is the national aquatic animal of India.
- The wheel on a white strip of National Flag having 24 spokes is adopted from Ashok Chakra which is a depiction of Dharmachakra represented with 24 spokes. It symbolizes the wheel of Law.
- ‘Jan Gana Mana’ is the National Anthem of India and its formal rendition takes 52 seconds while a shortened version consisting first and the last takes 20 seconds to play.
States and the Union Territories
- Article 3 of the Indian Constitution empowers the Parliament to form a new State by separation of territory from any State or by uniting two or more States or parts of States. Indian Parliament under the Constitutional provisions of Article 2 has the power to admission or establishment of new States.
- Article 2 of the Indian Constitution provide that the Parliament may by law admit into the Union or establish new States. According to Article 3 of the Indian Constitution, the Parliament may from new State by separating two States or by uniting States. The Parliament can increase, diminish the area of any State or can alter the boundary and name of the State.
- According to Article 1 of the Indian Constitution, India, that is Bharat shall be a Union of States. The territory of India shall comprise (1) States (2) Union Territories (3) such other territories as may be acquired. The name and territories of the States has been specification in the First Schedule.
- The Parliament by law with a simple majority form a new State and no special procedure as in the case of an amendment to the Constitution is required. According to the Article 4 (2), such law shall not be deemed to be an Amendment to the Constitution for the purpose of Article 368.
- Under Article 3 of Indian Constitution, Parliament has the power to increase the area of any State, diminish the area of any State, alter the boundaries of any State and alter the name of any State but explanation 1 of Article 3 clearly says that in this Article in clause (a) to (e) “State” include a Union Territory but in the provision, “State” does not include Union Territory.
- Parliament may from new States or alter the boundaries etc. of existing states by a simple majority and by the ordinary legislative process. No such law shall be deemed to be an amendment of the constitution for the purpose of Article 368.
- According to Article 239(1)- Save as otherwise provided by the Parliament by law, every Union Territory shall be administered by the President acting to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
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- As per Dr. Ambedkar, the States have no right to separate from the federation. In the Chairmanship of S.K. Dhar, a Commission was formed in 1948 to find feasibility of organisation of States on linguistic basis. The Commission rejected this and recommended reorganisation of States on the basis of administrative viability rather than linguistic affinity. In December, 1948 a committee, consisting of J.L. Nehru, Sardar V. Patel, and P. Sitaramaya was formed (known as JVP committee) and the JVP committee also rejected the linguistic basis for reorganisation of state.
- According to Article 81 (As amended by 31 Amendment, 1973 and Goa, Daman and Diu Reorganisation Act, 1987) the maximum strength of the House of People envisaged is 552 out of which 530 members to represent States and 20 members to represent the Union Territories. According to Article 331, if the community of Anglo-Indian has not an adequate representation in the House then the President may nominate 2 members. Presently, the seats for UT is 13 (Delhi-7, Andaman and Nicobar-1, Dadra and Nagar Haveli-1, Daman and Diu-1, Chandigarh-1, Lakhsdweep-1, Puducherry-1) while in Rajya Sabha is 4 (Delhi-3, Puducherry-1).
- The power to admit or establish a new State in the Union of India is vested in the Parliament.
- On the recommendation of Fazal Ali Commission which was constituted for Reorganisation of the State after Independence, 14 States and 6 Union Territories were formed. Andhra Pradesh was the first State to be formed on linguistic basis on 1 October, 1953.
- First Schedule of the Constitution comprises the States and the Union Territories. Whenever a new State is to be formed, the first schedule will need to be amended.
- There are 7 Union territories and 29 States in India.
- Delhi is a Union Territory according to the 1 Schedule of the Constitution. Officially, it is also known as the National Capital Region and has been given the special status among the Union Territories by the 69th Amendment Act, 1991.
- The first Schedule of the Constitution lists the names of the Union Territories and the States of India. There are 29 States and 7 UTs.
- Dadra and Nagar Haveli were under Portuguese Rule. The Portuguese rule lasted until 1954, when Dadra and Nagar Haveli were occupied by supporters of Indian Union.
- The capital of Andhra Pradesh has not been changed till now after Independence, while the names of following capital cities have been changed –
- After formation of Telangana- Hyderabad became the capital of both the States for 10 years. After that Amaravati will be the new capital of Andhra Pradesh.
- Sikkim, the north-eastern State of India became the 22nd State by the 36th Amendment to the Constitution in 1975. In 1974, the Sikkim Assembly passed a Government of Sikkim Act, 1974, which paved the way for setting and sought Sikkim’s representation in the political institutions of India. India also passed the 35h Amendment Act 1974 which inserted a new Article 2A (Sikkim to be Associate State) and as 36th Amendment Act (1975) integrated Sikkim as the full-fledged state of India (22nd State).
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- The power to form a new State by separation of territory from any State has been given to the Parliament under Article 3 of the Constitution.
- On November 9, 2000 the State of Uttrakhand was formed as the 27th State of India.
- State Formation Year
Nagaland 1st December, 1963
Sikkim 16 May, 1975
Arunachal Pradesh 20 February, 1987
Meghalaya 21 January, 1972
Andhra Pradesh 1953
Himachal Pradesh 1971
- The State of Mysore was renamed as Karnataka by Mysore State (Alternation of Name) Act, 1973 while Goa was separated from Daman and Diu in 1987, State of Bombay was bifurcated into Gujarat and Maharashtra by Bombay, Reorganisation Act, 1960 and Himachal Pradesh which was previously in the list of Union Territory, became State in 1971.
- The United Liberation Front of Assam (ULFA) is a separatist outfit operating in Assam. It was founded on 7 April, 1979. It seeks to establish a Sovereign Assam via an armed struggle. This organization was banned by the Government in 1990.
- ‘People’s War Group’ was established by Kondapalli Seetharamaiah on 22 April, 1980 in Andhra Pradesh.
- The Kaveri water dispute is among the States of Karnataka, Tamil Nadu, Puducherry and Kerala.
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- The Commission for the reorganisation of States on the basis of language was established on 29 December, 1953. The commission submitted its report on 30 December 1955. Fazal Ali was the chairman of the Commission and K.M. Panikkar and H.N. Kunzru were its member. On the recommendation of the Commission’s report, the State Reorganisation Act, 1956 was passed. Andhra Pradesh (in 1953) was the first State established on linguistic basis.
- The citizenship is mentioned in Part II of the Constitution. The citizenship provisions are covered under Article 5 to 11 of the Constitution. The Constitution of India has established a single Citizenship for the whole of the country.
- According to Indian Citizenship Act 1955 (as amended), the citizenship may be acquired on the basis of –
- By Birth
- Incorporation of Territory.
- Deposing Money in Indian banks is a commercial action, not a basis to acquire citizenship as per the Constitution.
- The Central Government made provision for registering as overseas citizen of India card holder under Section 7(A) of Indian Citizenship Amendment Act, 2015. Eligibility to register as an overseas citizen of India cardholder is –
- Any person of full age and capacity.
- ) Who is a citizen of another country, but was a citizen of India at the time after the commencement of the Constitution; or
- ) Who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or
- ) Who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; o r
- ) Who is a child or grandchild or a great-grandchild of such a citizen; or
- A person, who is a minor child of a person mentioned in clause (a); or
- A person, who is a minor child, and whose parents are citizens of India or one of the parents is a citizen of India; or
- Spouse of foreign origin of a citizen of India or spouse of foreign origin of an overseas citizen of India cardholder registered under section 7-A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section.
- Provided that for the eligibility for registration as an overseas citizen of India cardholder, such spouse shall be subjected to prior security clearance by a competent authority in India: Provided further that no person, who or either of whose parents or grandparents or great-grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the official Gazette, specify, shall be eligible for registration as an overseas citizen of India cardholder under this sub-section. Thus Indian, who migrated to Pakistan after the partition is not eligible to register as an overseas citizen.
- Article 371-A to 371-I were inserted in the Constitution of India to meet regional demands of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa. There is provision of dual citizenship in United States of America, but Indian Constitution provides single citizenship. Also, a naturalized citizen may be deprived of his citizenship subject to the provisions of section 10 of Citizenship Act, 1955.
- The United States has accepted the principle of dual citizenship. Every citizen enjoys dual Citizenship in the U.S. firstly as a citizen of the U.S. A. and secondly as a citizen of the state where he resides.
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- Article 11 of the Constitution of India declares that the Parliament shall have the power to regulate the right of citizenship by making law. By exercising this power, Parliament enacted Citizenship Act, 1955 which gives provisions for acquisition and termination of citizenship. The Central Government by exercising its power under Section 18 of the Citizenship Act made Citizenship Rules, 2009 and Citizenship (Amendment) Rule, 2015.
- According to Article 11, only Parliament can make provisions with respect to the acquisition and termination of citizenship.
- To acquire citizenship by registration under Section 5(1)(a) of Citizenship Act, 1955 the person of Indian origin must be ordinarily residing in India for 7 years.
- The Nehru Report (1928) was in favour of inclusion of Fundamental Rights in the Constitution of India.
- Rights are essential for the complete development of human beings. The importance of rights has expanded immediately and has given birth to the concepts of ‘fundamental rights’ ‘human rights’ etc. Rights impose restrictions on the powers of the state. These are a guarantee against state action. Thus, rights are claims of the citizens against the state.
- Article 13 of the Constitution grants power of Judicial Review to the Supreme Court, and High courts in the case of violation of the Fundamental Rights. The Supreme Court (Art 32) and High Court (Art 226) in exercising their power may declare any law or enactment passed by the Legislature, void or unconstitutional, on ground of contravention to the fundamental rights.
- The fundamental rights are enforceable by the Courts, subject to certain restrictions.
- The fundamental rights are natural and non-transferable rights. Fundamental rights can only be suspended during emergency for which provision has been given under Art. 358 and 359 of the Constitution. Fundamental rights under Article 20 and 21 can never be suspended.
- The fundamental rights are guaranteed by the Constitution of India against state action. These rights have been enumerated in part III of the Constitution. Social, Political and Economic Justice has been ensured by the Directive Principles of State Policy, not by fundamental rights. These rights are like the Bill of Rights in U.S.A.
- Part III (Art 12-35) of the Constitution enumerates 6 Fundamental Rights which are provided to citizens.
- Under Article 14 of the Constitution of India, Equality before the law has been incorporated. Under Article 14, the state shall not deny any person equality before the law or the equal protection of laws within the territory of India on the grounds of religion, race, caste, sex or place of birth. Art 14 put an absolute limitation on the legislative power.
- The right to equality has been incorporated in Part III of the Indian Constitution under Article 14 to 18. Article 14 deals with Right to Equality, Article 15 deals with Prohibition of Discrimination on ground of Religion, Race, Caste, Sex or place of Birth, Article 16 deals with equality of opportunity in the matter of public employment, Article 17 deals with Abolition of Untouchability and Article 18 deals with Abolition of Title. Therefore Article 14, 15 and 16 provides Right to Equality.
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- Article 15 is related to the prohibition o f discrimination on the ground o f religion, race, caste, sex or place of birth. Clause 5 to this Article empowers the State to make such special provisions relating to reservation in admission for Scheduled Castes or Scheduled Tribes in educational institutions which include private educational institutions also, whether aided or unaided by the State 93rd Amendment enabled the provision of reservation (27%) for other backward classes in Government as well as in private educational institutions.
- Article 13 of Indian Constitution makes provision that pre-constitutional laws and post-constitutional laws if inconsistent in part III, shall be void to the extent of such inconsistency. Article 245 is related to the extent of laws made by the Parliament and by the Legislatures of the States. Article 326 is related to the election of Lok Sabha and Rajya Sabha, and Article 32 is for the Constitutional remedies.
- Article 19 belongs to different category as it comes in the category of Right to Freedom. Article 19 deals with the Protection or certain Rights such as
- Freedom of speech and expression
- To assemble peaceably and without arms
- To form association or unions
- To move freely throughout the territory of India
- To reside and settle in any part of the territory of India
- To practice any profession, or to carry any occupation, trade, and business.
- The State can treat unequal differently as equal protection of law guaranteed by Article 14 does not mean that all law must be general in character. There are reasonable classification varying to the needs of different classes of persons with the objective of creating a level playing field in social, economic and political spheres. But among the equals, the law should be equal and equally administrated.
- The word ‘Socialist’ is in the Preamble. Article 14, Article 16 and Article 39 (d) together with the Preamble enabled the court to deduce the right to Equal pay for Equal work as a fundamental right.
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- Article 24 of the Constitution is related to the Right against exploitation of the children. This Article prohibits the employment of children under the age of 14 years in any factory, mines or engagement in any other hazardous employment.
- Article 24 of ICCPR (International Conventional on Civil and Political Rights) protects child against.
- Article 17 of Indian Constitution abolished untouchability.
- Eradication of all types of social discrimination comes under second generation of Human Rights. First generation of human rights deal with liberty and participation in political lif. They are fundamentally civil and political in nature. Third generation of human rights refer to Group and collective rights.
- Under Section 12 of Civil Rights Protection Act, 1955 the court may presume that any act forming offence is done on the ground of untouchability, if such offence is committed in relation to a member of Scheduled Caste.
- Untouchability may be abolished by improving the education system, making law, and increasing public awareness but providing jobs/services to people is not a proper solution to abolish untouchability.
- The right against discrimination was amended following the Supreme Court’s verdict in the case of State of Madras Vs. Champakam Dorairajan. In Article 15 clause 4 was added by the first Constitution Amendment (1951) for making special provisions for advancement of the socially and educationally backward classes.
- Indian Constitution does not give directly right to freedom of the Press but it is included in Article 19(1)(a), which provides right to freedom of speech expression.
- Freedom of the Newspapers or Press is not directly provided by the Constitution but included in Article 19(1)(a) as freedom of speech and expression. In the case of Sakal Papers Ltd. Vs. Union of India, 1962 the Supreme Court stated that freedom of the Press is included in freedom of speech and expression.
- Article 19(1)(a) provides the freedom to assemble peaceably and without arms and under Article 19(3) the state can impose reasonable restriction in the interest of public order.
- The freedom of speech and expression may be restricted on the ground of sovereignty and integrity of India, security of State, friendly relation with the foreign States, public order, decency or morality or contempt of court, defamation or Incitement to an offence as enumerated in Article 19(2).
- Notably Supreme Court included many other rights in Article 21 through it’s various judgments. Some of Important Rights are as follows-
- Right to Fair Trial
- Right to Healthy Environment
- Right to Speedy Trial
- Right against Solitary Confinement
- Right against Prisoner Torture
- Right Legal Aid
- Right against delay in Execution
- Right against Sexual Harassment in the workplace
- Right to Shelter
- Article 21 of the Indian Constitution is related to the Protection of ‘Life and Personal Liberty’. Article 19 guarantees the freedom of Speech and Expression. Article 22 is about protection against arrest and detention in certain cases.
- Article 21 of the India Constitution provides that – “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” Hon’ble S.C. of India head widened the scope and urobit of right to life and personal liberty at various occasions.
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- In the case of Menaka Gandhi Vs. UOI, 1978 the Supreme Court held that right to travel abroad is a fundamental rights and is secured by Article 21.
- The right of privacy is not provided as s separate or expressed fundamental rights under the Indian Constitution but recognized as fundamental right by the virtue of creative interpretation of the constitution by the Supreme Court. In the case of Kharag Singh Vs. State U.P and Govind Vs. State of M.P. the Supreme Court held that conjoint reading of Article 19(1)(d) and Article 21 gives the right to privacy.
- The right against exploitation, given in Article 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and Beggar (forced labour), and abolition of employment of children below the age of 14 years in dangerous jobs like factories, mines,
- Article 25 of the Constitution provides freedom of conscience and free profession, practice and propagation of religion, and also the right of State to make any law for social reforms. Carrying and wearing of ‘Kripans’ by Sikhs is deemed as right to freedom of religion by virtue of Exploitation-I of the Article 25. The right to conversion of religion by religious bodies of institutes is not provided under this Article.
- Freedom to establish and administer educational institutions by the minorities is given under Article 30, while Article 29 is related to protection of interest of minorities.
- The right of minorities to establish and administer educational institution is provided under Article 30, while Article 31 was for compulsory acquisition of property which has been replaced by 44 Amendment.
- Article 19 – Right to freedom
- Article 26 – Freedom to manage religious affairs
- Article 29 – Protection of interest of minority community
- Article 30 – Right of minorities to establish and administer educational institution
- Article 301 is related to freedom of trade, commerce and intercourse, and not with right to property. Right to property was a fundamental right under Article 19(1)(f), but the 44th Amendment 1978, this Clause [ 19(1)(f)] has been omitted, and Article 300-A has been is inserted, which provides that no person shall be deprived of his property save by authority of law. This amendment was done at the time of Janta Party Government. After that amendment, right to property became legal right and ceased to be a fundamental right.
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- Article 32 of the Constitution provides constitutional remedies against the violation or transgression of fundamental rights, conferred by Part III. The Supreme Court shall have the power to issue directions or orders of writs, including writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part-III. That is why the Supreme Court has been called as the Guardian of Fundamental Rights.
- The Constitution of India has assigned Judiciary i.e. the Supreme Court of India and the High Courts, the responsibility of the protection of fundamental rights. The most significant of fundamental rights is the exclusive right to the constitutional remedies under Art 32 and 226 of the Constitution of India. Thus the Guardian of fundamental rights is Judiciary.
- The Supreme Court of India is the protector of fundamental rights of citizens and Guardian of the Constitution of India because through right to constitutional remedies (Art. 32) it protect the fundamental rights of citizens. Besides, it interpret as well as enforce the provisions of the Constitution.
- Ambedkar had described Article 32 as “the very soul, and the heart of the Constitution” as Article 32 provide an effective remedy against the violation of fundamental right enshrined in the Indian Constitution. The Supreme Court has the power to issue direction or order or writ for the enforcement of any of the fundamental rights.
- The words ‘Habeas Corpus’ literally means ‘to bring the body before court.’ By this writ, the court secures the body of a person who has been imprisoned or detained to be brought before the court to obtain knowledge of reason or grounds for such detention and to do justice. This writ secures the right of personal liberty.
- Article 16(2) – No person can be discriminated against in the matter of public appointment on the ground of race, religion or caste.
- Article 29(2) – No person shall be denied admission into any educational institution maintained by the State, or receiving State aid, on the grounds of religion, race, caste, language or any of them.
- Article 30(1)- All minorities whether based on religion or language shall have right to established and administer educational institution of their choice.
- Article 31(1) – No person shall be deprived of his property save by the authority of law.
- The first time the Supreme Court held that the fundamental rights are amendable was in the case of Shankri Prasad Vs. Union of India (1951) and Sajjan Singh Vs. Rajasthan State (1965). In Golaknath case (1967) the prior decision was reserved, and it was held that amendment in fundamental rights is not possible. Again in Keshvanand Bharti case, the Supreme Court held that the amendment power of the Parliament is wide enough but not unlimited. It may amend fundamental rights but not in such way so as to destroy the Basic Structure of the Constitution. This case outlined the power of the parliament to amend the fundamental rights without destroying the basic structure of the Constitution.
- As the Constitution was originally drafted, the right to Property was enshrined as a fundamental Right. But by the 44 Amendment of the Constitution, the ‘Right to Property’ was removed as a fundamental right, and new provision was added to the Constitution i.e. Article 300-A. Now it is a legal Right.
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- The doctrine of the basic structure of the Constitution owes its evolution in the ratio of the majority judgement of the Supreme Court in the landmark case, Keshvanand Bharti Vs. State of Kerala (1973) which was approved by Minerva Mills Vs. Union of India (1980).
- The Indian Constitution gives Right to Equality (Art. 14-18), Right to Freedom of Religion (Art 25-28) and Right to Liberty (Art 19-22) but does not provide Right to Equal Shelter.
- At present, the right to property is a legal right Viz. “No person shall be deprived of his property save by authority of law”, under Art. 300A, inserted by the 44th
- The Right to Information is not given to citizens as a fundamental right. It is a legal or statutory right which is provided under Right to Information Act, 2005.
- ‘Equality before the law or equal protection of the law’ is guaranteed by the Article 14 which is given to all persons under the Indian Constitution, but the ‘Right Against Discrimination’ (Art 15, 16), ‘Right to Liberty’ (Art 19) and the Cultural and Educational Rights (Art 29-30) are available only to citizens of India.
- In the case of Chameli Singh Vs. State of U.P. 1996, the Supreme Court has held that ‘Right to Livelihood’ under Article 21 Also includes ‘Right to Shelter’. It was further stated that the right to shelter, does not mean a mere right to a roof over one’s head but the right to all the infrastructure necessary to enable a person to live. The Supreme Court in the case of Satwant Singh Vs. Union of India, held that right to travel abroad is a fundamental right. The right to equal Pay for Equal Work is not a fundamental right but is the constitutional goal, which must be achieved by every Welfare State.
- Right to freedom of speech and expression under Article 19 and cultural and Educational rights of minorities under Article 29 are available to Indian citizens only.
- A British citizen staying in India cannot claim ‘Right to Freedom of Trade and Profession’ because the Right which has been provided under Article 19(1)(g) is only to the citizens of India.
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- The Supreme Court overruled the decision of High Court pronounced in the case of Bijoe Emmanuel vs. State of Kerala. The court held that the expelling the children based on their “conscientiously held religious faith” violated the Constitution of India as enshrined in Article 19(1)(a) and 25(1). The court said that “No provision of law obliges anyone to sing the National Anthem.
- The right to constitutional remedies is available to both citizens of India and non-citizens (foreigners) but rights to freedom of speech, freely travel throughout the country and to acquire property is given only the citizens of India.
- In a landmark case, Randhir Singh Vs. Union of India, the Supreme Court held that equal pay for equal work is not regarded as a fundamental right, but it is a constitutional goal as per the provisions of articles 14, 16 and 39(c). Article 14 of the Constitution of India provides for equality before the law. Under Article 16, a person is entitled to equality of opportunity in matters of public employment. In the above-mentioned case, the court held that the principle of ‘Equal Pay for Equal Work’ could be enforced by courts in the cases of unequal pay scales based on unreasonable classifications.
- Under Article 16(1) and 16(2), the equal opportunity for all citizens in matters relating to employment or appointment to any office under the State has been ensured.
- The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education to all Children in the age group of six to fourteen years as a fundamental right in such as a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, represents the legislation envisaged under Article 21-A. The RTE Act came into effect on 1 April, 2010.
- After the 44th Constitutional Amendment (1978), fundamental rights of life and liberty (Art 21) cannot be suspended even during National Emergency. If the National Emergency is declared on the ground of war or external aggression, the fundamental rights under Article 19 is automatically suspended. It cannot be suspended on the ground of armed rebellion.
- Article 20(2) says that no person shall be prosecuted and punished for the same more than once, while Article punished for the same offence more than once, while Article 20(3) describes that no person accused of any offence should be compelled to be a witness against himself.
- According to Article 25, Hindu shall be construed as including person professing the Sikh, Jain or Buddhist religion but they do not include Parsis.
- Article 22 of the Constitution mention that no arrested person shall be detained in custody without being informed as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult and to be defended by, a legal practitioner of his choice.
- Article 24(4) of the Constitution of India says that no law providing for preventive detention shall authorize the detention of a person for a longer period than three months.
- Writ of Habeas Corpus is regarded as the greatest safeguard of liberty of a person. It calls upon the person who has detained another to produce the latter before the court, to let the court on what ground he has been confined and to set him free if there is no legal justification for the imprisonment.
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- Sir Ernest Baker has said that “Rights without duties are like men without shadow.
- In the context of India, Rights and Duties are correlatives. According to Holland, every right implies the active or passive forbearance by others of the wishes of the party having the right. The forbearance on the part of others is called a duty. Rights and duties are two phases of the same thing. The Supreme Court has observed that there may be a rule which imposes an obligation on a individual or authority and yet it may not be enforceable in court of law and therefore not give rise to a corresponding enforceable right in another person. But it would still be a legal rule because it prescribes a norm of conduct to be followed by such individual or authority. Thus, rights and duties are correlative which give effect to each other.
Directive Principles of State Policy
- The purpose of Directive Principles of State Policy is to establish social and economic democracy. This will help India grow as a welfare state.
- Article 36 to 51 of the Constitution of India contain the Directive Principles of State Policy. The aim of the Constitution makers was to establish a secular and democratic state to ensure socio-economic justice.
- The Directive Principles of State Policy are directives to the Government to implement them for establishing social and economic democracy in the country. The provisions contained in these principles are not enforceable by any court. These principles have been stated as “Fundamental in the governance of the country.”
- The ‘Fundamental Duties’ were added as Article 51-A (Part IV-A) in the Indian Constitution by the 42nd Amendment 1976 on the recommendation of Swarn Singh Committee. Fundamental duties are non-justiciable in nature as there is no legal sanction behind them. These duties are not enforceable in the court.
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- The concept of a welfare State is included in the Constitution of India in part IV i.e. Directive Principles of State Policy described in Article 36 to Article 51 of the Constitution.
- The framers of the Constitution were influenced by the Irish Constitution to add the provisions of Directive Principles of State Policy in Indian Constitution.
- The idea of India as a welfare State is found in the Preamble of the Constitution as well as the Directive Principles of State Policy. The Preamble gives importance to constitute India into Sovereign, Socialist, Secular, Democratic, Republic. In the same way, the Directive Principles guide both Centre and the State for the establishment of a welfare State.
- Directive Principles are non-justiciable which means they are not enforceable in any court of law in Indi a.
- Article 37 of the Constitution says that the Directive Principles are not enforceable in any Courts of Law in India, but are fundamental in the governance of the country. It will be the duty of the State to ensure that these principles are applied in the legislation of laws.
- Panchayati Raj System in India is laid down under the Directive Principles of State Policy (Part IV) under Article 40. According to this article, ‘State shall take steps to organize village Panchayats and endow them with such powers and authority as may be necessary to enable these to function as units of self-government.
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- ‘Equal Pay for Equal Work’ has been ensured in the Indian Constitution in Article 39(d) enshrined in Part IV-Directive Principle of State Policy. It says that there should be equal pay for equal work for both men and women. It is a fundamental right but a Constitutioal right. With respect to Art 39(d) of the Indian Constitution parliament passed Equal Remuneration Act 1976.
- Article 40 – Organisation of Village Panchayats
- Article 41 – Right to Work, education and public assistance in certain cases.
- Article 44 – Uniform Civil Code for all citizens
- Article 48 – Organisation of Agriculture and Animal Husbandry
- Article 51 in Part IV of the Constitution provides that the State shall endeavour to –
- Promote International Peace and Security
- Maintain just and honourable relations between nations;
- Foster respect for international law and treaty obligations in the dealing of organized people with one another; and
- Encourage Settlement of International disputes by arbitration.
- “Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)” is an Indian labour law and social security measure that aims to guarantee the “Right to Work”. It aims to ensure livelihood security in rural areas by providing at least 100 days of employment in a financial year to every household whose adult member volunteer to do unskilled manual work. This Act aims to follow the Directive Principles of State Policy.
- Article 43 A of the Constitution of India provides for participation of worker in management of industries. As per this article the State shall take steps, by suitable legislation or in any other way to secure the participation of workers in the management of undertaking, establishment or other organization engaged in any industry.
- Article 48 A – Protection and improvement of environment and safeguarding of forests and wildlife.
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- Article 39(A): Equal justice and free legal aid.
- Article 43(A): Participation or workers in management of industries.
- The Constitution of India grants right against exploitation to children, women and tribals, but the word ‘Dalit’ is not where mentioned in the Indian Constitution.
- The Directive Principles of State Policy is different from Fundamental Right as Directive Principles are non-justiciable so cannot be enforced in any court of law, but fundamental Rights are enforceable under Article 32 and Article 226 of the Indian Constitution.
- Prohibition on consumption except for medicinal purposes of intoxicating drinks and of other drugs which are injurious to health is mentioned under Article 47 of the Directive Principles of State Policy whereas prohibition of trafficking in human beings and forced labour is mentioned under Article 23(A) of the fundamental rights.
- The fundamental right are justifiable whereas the Directive Principles of State Policy and Justifiable.
- Article 47 – To raise the level of Nutrition and standard of living and to improve public health.
- The Right to Information (RTI) emerges as a legal right under the Right to Information Act, 2005. However, Article 39(d) deals with equal pay for equal work for both men and women and Article 39(a) deals with adequate means of livelihood. Article 47 states that it will be the duty of state to raise the level of nutrition and the standard of living and to improve public health.
- Article 44 mentioned that the state shall endeavour to secure for the citizen a Uniform Civil Code throughout the territory of India.
- The Directive Principles of State Policy is a cheque which is paid on Bank’s convenience was said by K.T. Shah.
- National Social Assistance Programmes was launched on 15 August, 1995 by the Government of fulfil the provisions of Directive Principles of State Policy regarding right to work, to education, and to public assistance in certain cases. National old Age Pension Scheme (NOAPS), National family Benefit Scheme (NFBS) and National Maternity Benefit Scheme (NMBS) were included in National social assistance Programme from beginning. But on 1 April 2001, NMBS was made a part of population control scheme.
- The fundamental duty to uphold and protect the sovereignty, unity and integrity of India is mentioned at number three in Article 51-A (fundamental Duties) of the Indian Constitution. Article 51-A enumerates certain duties which are as follows. According to Article 51 A, it shall be the duty of every citizen of India –
- To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,
- to cherish and follow the noble ideals which inspired our national struggle for freedom;
- to uphold and protect the sovereignty, unity and integrity of India;
- to defend the country and render national service when called upon to do so;
- to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
- to value and preserve the rich heritage of our composite culture;
- to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures;
- to develop the scientific temper, humanism and the spirit of inquiry and reform;
- to safeguard public property and to abjure violence;
- 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;
- Who is a parent or guardian to provide opportunities for education on his child or, as the case may be, ward between the age of six and fourteen years.
- The 42nd Amendment Act inserted Article 51-A to create a new part called IV-A in the Constitution, which prescribed the fundamental duties of citizens.
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- Part iv-A and Part 51-A (fundamental duties) were added to the Constitution of India by 42nd Amendment, 1976 on the recommendation of Swaran Singh Committee. At present, the total number of Fundamental Duties is 11. Originally they were 10 in number.
- Fundamental Duties cannot enforced by writs. The fundamental duties have been defined as the moral obligations of all the citizens to help, promote a spirit of patriotism and to uphold the unity of India.
- To value and preserve the rich heritage of our composite culture is a fundamental duty mentioned under Article 51 A (f).
- To protect the weaker sections from social injustice is not the part of Fundamental Duties. Rest all the three options are mentioned in Part IV-A (Fundamental Duties).
- To strive towards the abolition of untouchability is not a fundamental duty. Article 17 of the fundamental rights in Part III of the Constitution deals with abolition of untouchability.
- It shall be the duty every citizens of India to protect and improve the natural environment” is mentioned under Article 51 A (g) in fundamental duties (Part-IV A).
- To vote in public elections is not a fundamental duty. Other options are mentioned in the Part IV A –
To develop scientific temper – Art 51 A (h)
To safeguard public property – Art 51 A (i)
To abide by the Constitution and respects it’s ideals – Art 51 A (a).
- To protect monuments and places of public importance is not mentioned under Article 51 A of the Indian Constitution.
- Fundamental Duties were added in Part IV-A by 42nd Amendment of the Indian Constitution, and Part V pertains to the Union Executive.
- There are eleven fundamental duties in Part IV-A of the Indian Constitution. Originally there were 10 fundamental duties, but 11 duty was added by 86th Amendment Act (2002). 51 A (K) was added for parents of guardian to provide an opportunity for education to their children between the Age of 6 to 14 years.
- To respect our parents and teachers is not mentioned among eleven fundamental duties of the Constitution of India.
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- According to Article 53 of the Constitution the Executive power of the Union shall be vested in the President.
- The President of India is elected by the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. This is an indirect method of election. Article 54 describes the method of election of President. It says – President shall be elected by the members of an electoral college consisting of –
- All the elected members of both the Houses of Parliament (R.S.+L.S.)
- All the elected members of the Legislative Assemblies of the States.
Here “State” involves National Capital Territory Delhi and Union Territory of Puducherry as provided by 70th Amendment Act 1992.
- Presidential election cannot be postponed on the ground that electoral college is incomplete. The Legislative Assembly which is dissolved cannot take part in the election.
- For the nomination of a person for the election of the President, minimum 50 electors need to be proposers, and further 50 electors need to be seconders of the nomination paper.
- According to Article 55 of the Constitution as far as practicable, there shall be uniformity in the scale of representation of different States in the election of President. (i) Every elected Member of Legislative Assembly of a State shall have as many votes as there are multiples of one thousands in the quotient obtained by dividing the population of the State by the total number of the elected members of the assembly.
- Article 54 provides the President shall be elected by an electoral college consisting of:
- the elected members of both House of Parliament
- the elected members of Legislative Assembly of the States.
Thus if Chief Minister of a State is a member of Upper House of the State (Legislative Council), he is not entitled to vote in the election of the President.
- Article 58 (1) of Indian Constitution describes the qualification for the election of President. According to Article 58 (1) No person shall be eligible for election as President unless he –
- Is a citizen of India
- has completed the age of 35 years
- Is qualified for election as a member of the House of the People (Lok Sabha).
- According to Article 81(3), the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published. Provided that the reference in this clause to the preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 1971 census and 2001 census as well.
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- According to Article 59(1) of the Indian Constitution, the President shall not be a member of either house of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
- Article 57 describes the eligibility for re-elected to the post of the President of India. It provides ‘A person who holds, or who has held the office of President, shall subject to the other provisions of this Constitution, be eligible for re-election to that office.
- According to Article 56(1)(a), the President addresses his resignation to the Vice-President of India and then shall forthwith be communicated by him to the Speaker of the House of the People [Art 56(2)].
- If there is any doubt or dispute regarding the election of the President, it can be referred to the Supreme Court of India (Art 71), whose decision shall be final.
- Former President V.V. Giri appeared in person before the Supreme Court as an incumbent President of India following a petition filed in the Supreme Court contesting the validity of election on the ground of having used corrupt practices to influence voters. The bench headed by Justice S.M. Sikri ultimately dismissed the petition and upheld Giri’s election as President. Notably, V.V. Giri had got the majority on counting the second preference votes.
- According to Article 56(1)(b), the President can be removed from his/her office by impeachment for the violation of the Constitution and the process of impeachment can be started by either Houses of the Parliament in accordance with Provisions of Article 61.
- According to Article 56(1), President holds office for a term of 5 years from the date on which he enters upon his office.
- According to Article 61(1), the process of impeachment can be started from either House of the Parliament, and it is required to give prior notice of at least 14 days [Art. 61 (2)] in writing which must be signed by not less than ¼ of the total number of members of the House, who have given their intention to move the resolution.
- Member of Lok Sabha and Rajya Sabha can start impeachment of the President of India as mentioned in Article 61 of the Constitution. Members of State Legislative Assemblies do not participate in the process of impeachment though they take part in election process of the President. It is known that State Legislative Councils are not the part of electoral college and do not take part in election of the President. The procedure of Impeachment of the President is Quasi-Judicial Procedure.
- Article 62(2) of the Indian Constitution describes that the vacant post the President should be filled within six months from the date of occurrence of the vacancy because of his death, resignation or removal.
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- The President (Discharge of functions) Act, 1969 of India provides that the Chief Justice of India (CJI) shall act as the President of India in the event of the office of both the President and Vice President being vacant. In the absence of CJI, the senior most Judge of Supreme Court shall perform the functions of the President.
- In the case of a vacancy for the post of the President, it should not be vacant for more than 6 months. So the Vice-President can hold the office for not more than 6 months.
- Article 65(1) describes that “In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.
- According to Article 53(1) the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers Subordinate to him in accordance with Constitution.
- According to Article 53 of the Indian Constitution, the executive power of the Union shall be vested in the President. According to Article 77 all executive action of the Government of India shall be expressed to be taken in the name of the President.
- According to Article 53(1) of the constitution, the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers Subordinate to him. The Prime Minister is appointed by the President and is the head of the Council of Ministers, and it is not necessary for a person to be a member of either House of the Parliament at the time of his appointment as the Prime Minister of India.
- Article 52 of the Indian Constitution provides that there shall be a President of India. According to Article 53(1) “the executive power of the Union shall be vested in the President and shall by exercised by him either’s directly or through officers Subordinate to him in accordance with this constitution.
- The joint sitting of the House of the People and the Council of States can be summoned by the President in certain cases prescribed in Article 108 of the Constitution.
- Article 74(1) of the Indian Constitution states that the President may require the Council of Ministers to reconsider such advice. President may send back any matter for reconsideration as provided by 44 Amendment Act (1978).
- According to Article 85(2)(b), the President may dissolve House of the people (Lok Sabha) on the advice of Council of Ministers as per Article 74(1).
- According to Article 79 of the Constitution, the President of India is a constituent part of the Parliament. He addresses the two Houses at a joint meeting every year. He can promulgate Ordinances (according to Art 123) during to recess or Parliament. He does not participate in the Parliament discussions.
- President Dr. Rajendra Prasad applied absolute Veto on the advice of Council of Ministers over the PEPSU Appropriation Bill 1954, Whereas President Gyani Zail Singh exercised a pocket veto in Indian Post Office (Amendment) Bill in 1986. Hence, pocket veto can be regarded as the veto power used by the President on his discretion.
- According to Article 111 of the Indian Constitution, when a Bill has been passed by both the houses, of Parliament, it shall be presented to the President and the President shall declare that either he assents to the Bill or that he withholds assent there from.
- To return the Bill with objections, to send a message to the Parliament under Article 86 (2) and to detain the Bill, are the discretionary powers of the President. While the power of appointment of Judges of Supreme Court and High Courts and appointment of Council of Ministers is the executive power and to summon the joint session of Parliament is the legislative power of the President.
- According to Article 123(2), an Ordinance promulgated by the President must be laid before both the Houses of Parliament and shall cease to operate after the expiration of six weeks from the reassembly of Parliament.
- According to Article 280(1), the Chairman of the Finance Commission is appointed by the President of India and according to Article 239 A (5), the Chief Minister of the Union Territories shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President. The Vice Chairman of the Planning Commission is appointed by the Prime Minister.
- Attorney General of India, Comptroller and Auditor General of India and Governor of State, all are appointed by the President in accordance with the Article 76, 148 and 155 respectively of the Indian Constitution.
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- The Vice-President is not appointed by the President. Vice-President is elected in the manner provided in Article 66.
- As per Article 160 of the Indian Constitution, the President may make such provisions as he thinks fit for the discharge of the duties of the Governor of a state in any contingency.
- According to the Article 164(1), the Chief Minister is appointed by the Governor.
- According to the Article 86(1) to send messages to the Parliament is a right of the President, not a power.
- According to Article 72 of the Constitution “the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This also includes punishment or sentences by a court Martial.
- Article 143 of the Constitution empowers the President to consult the Supreme Court on the question of law or fact, but he is not bound to accept the advice given by the Supreme Court.
- The President of India is attributed with formal and Dejrure authority. He enjoys constitutional and nominal authority.
- Under Article 111 of the Indian Constitution the President cannot return Finance Bill for reconsideration.
- Article 310 of the Constitution of India propounds the ‘Doctrine of Pleasure’. According to this Article, “Except as expressly provided by this constitution, every person who is a member of a defence service or of a civil service of the union or of an all India service or holds any post connected with defence or any civil post under the union, holds office during the pleasure of the President and every person who is a member of a civil service of a state or holds any civil post under a state office during pleasure of the Governor of the State.
- Union cabinet prepares of President’s address to the Parliament because real executive power vests in the Union Cabinet.
- It is the duty of the President of India to cause to be laid down the recommendations made by Union Finance Commission, Report of the Comptroller and Auditor General and the Report of the National Commission for Schedule Castes before the Parliament under the Article 281, 338(6) and 151(1) respectively, whereas Public Accounts Committee (PAC) is a committee of the selected Members of t he Parliament, constituted by the Parliament of India. Its chairman is appointed by the Speaker of the Lok Sabha.
- The President of India is indirectly elected whereas the British King is hereditary. U.S. President has more power than Indian President, so they are not similar.
- The First President of Independent India was Dr. Rajendra Prasad, who hailed from Bihar.
- V. Giri was the 4th President of India (1969-74), but on the basis of tenure, he ranked 6th. He became the President of India after Dr. Rajendra Prasad (3 times), Dr. S. Radhakrishnan and Zakir Hussain.
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- According to Article 79, the Parliament includes the President and both the Houses (Lok Sabha and Rajya Sabha), and under Article 111 a Bill becomes law only when it gets the President’s assent.
- Rajendra Prasad served India as President for three terms, (1950-52), (1952-57) and (1957-1962).
- Neelam Sanjiva Reddy was elected the President of India unanimously (unopposed). His tenure was 1977 to 1982.
- According to Article 53(2), the Supreme Command of the Defence Forces is vested in the President, but the exercise thereof shall be regulated by law.
- Former Chief Justice of India M. Hidayatullha served as acting President of India from 20 July, 1969 to 24 August 1969.
- Pandit Jawaharlal Nehru was the Prime Minister of India while rest others were the President.
- The Second President of India (1962-1967) Dr. Sarvepalli Radhakrishan is known as the Philosopher king or the Philosopher Ruler.
- According to Article 66, the Vice-President is elected by the members of Parliament by the Proportional Representation System and Single Transferable Vote System.
- The fourth president of India V.V. Giri (1960-1974) was associated with trade union movements. He was also the chairman of All India Trade Union Congress for two terms.
- Pratibha Devi Singh Patil (25 July 2007 to 25 July 2012) took oath as the 12th President of India on 25 July 2007. She was the first women President of India.
- The President of India being the Head of the State represents the nation, but the real executive power is vested in Prime Minister. It is the Prime Minister who leads the nation.
- Zakir Hussain had held the office of Governor (Bihar) from 6 July, 1957 to 11 May, 1962, Vice-President from 13 May, 1962 to 12 May, 1967 and the office of President from 13 May, 1967 to 3 May, 1969 (till death).
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- According to Article 66(1), the Vice-President is elected by the members of an electoral college composed of the members of both the Houses of Parliament in accordance with the system of proportional representation by means of the single transferable.
- Article 66(3) of the Constitution describes that a person is eligible for election as Vice-President if he is citizen of India, completed Age of 35 years and qualified for election as a member of the Council of States and Article 64 provides that Vice-President is ex- officio chairman of the Council of States and shall not hold any other office of profit.
- According to Article 67(b) of the Constitution, a Vice-President may be removed from his office by a resolution of the Council of States by a majority of all the then members of the Council and agreed to by the House of the People. No resolution for this purpose shall be removed unless at least 14 days notice has been given the intention to move the resolution. According to Article 66(3) to be eligible for election as Vice-President a person must be qualified for election as a member of the council of states.
- The Vice-President is elected by the members of an electoral college consisting of the members of both Houses (Lok Sabha and Rajya Sabha) of Parliament [(Art. 66( 1)).
- The Vice-President of India is the second-highest Constitution Office of India, after President. Article 63 of Indian Constitution says that there shall be a Vice-President of India. The Vice-President shall act as President during casual vacancies in the office of President by reason of death, resignation, impeachment or other situations.
- Rajya Sabha is presided over by Vice-President, but he is not the member of the Upper House.
- According to Article 67(b), Vice-President may be removed from his office by a resolution of the Council of States (Rajya Sabha) passed by a majority of all the then members of the Council and agreed to by the House of the People, but no resolution shall be moved unless at least 14 days notice has been given of the intention to move the resolution.
- S. Radhakrishnan was an Ambassador to the U.S.S.R. from 1949 to 1952, and V.V. Giri was the High Commissioner of Sri Lanka from 1947 to 1951. K.R. Narayanan also was ambassador to China from 1976 to 78.
- Mohammad Hidayatullha was the sixth Vice-President of India from 1979 to 84, and Shankar Dayal Sharma was the Vice-President of India from 1987 to 92.
- Mohammad Hamid Ansari was the 12th Vice-President of India, entered the office in 2007. In July 2012 Mohammad Hamid Ansari was re-elected. The list of Vice-Presidents of India is given below-
- Sarvepalli Radhakrishnan – 1952-1962
- Zakir Hussain – 1962-1967
- V. Giri – 1967-1969
- Gopal Swarup Pathak – 1969-1974
- D. Jatti – 1974-1979
- Hidayatullha – 1979-1984
- Venkataraman – 1984-1987
- Shankar Dayal Sharma – 1987-1992
- R. Narayana – 1992-1997
- Krishna Kant – 1997-2002
- Bhairon Singh Shekhawat – 2002-2007
- Mohammad Hamid Ansari – 2007-2017
- Venkaiah Naidu – 2017- incumbent
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The Council of Ministers
- According to Article 74(1), “There shall be a council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in exercise of his function, act in accordance with such advice”. Thus the real power is vested in the Prime Minister.
- The Prime Minister of India is appointed by the President, and other Ministers are also appointed by the President on the advice of the Prime Minister [Art. 75(2)].
- According to Article 74(2), on the question whether any and if so what advice was tendered by Ministers to the President shall not be inquired into any Court.
- Article 78 envisages the duties of the Prime Minister in respect of furnishing of information to the President.
- Relating administration of affairs of the Union
- If President requires submit for the consideration of Council of Ministers any matter on which a decision has been taken by a minister but not considered by the Council.
- The Union Council of Ministers exercises executive authority. It consists of the senior executive body called the Union Cabinet which is the supreme decision-making body in India. Only Prime Minister and ministers of the rank of Cabinet Ministers are members of the Cabinet.
- In the Parliamentary form of Government, the real executive power is exercised by the Prime Minister, and the provision regarding this is mentioned in Article 7 of the Indian Constitution.
- Article 77(1) says that all executive action of the Government of India shall be expressed to be taken in the name of the President. According to Article 77(3) the President shall make a rule for more convenient transaction of the business of Government of India and for allocation among Ministers of the said business.
- The Union Council of Ministers exercises executive authority. It consists of the senior executive body called the Union Cabinet which is the supreme decision-making body in India. Only Prime Minister and ministers of the rank of Cabinet Minister are members of the Cabinet.
- The Prime Minister or any Cabinet Minister has right to speak and vote in the House where he is a member, but the House where he is not a member he can speak but does not have the right to vote. A Prime Minister, who belongs to upper House of Parliament, cannot vote in his favour in the event of a non-confidence motion.
- Article 75(1) says that the Prime Minister shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Prime Minister. Article 75(2) says that the Ministers shall hold the office during the pleasure of the President.
- A person who is not a member of either House can also become the member of the Cabinet, but he cannot continue as minister for more than 6 months, unless, he secure a seat in either House of the Parliament i.e. Lok Sabbha or Rajya Sabha [According to Article 75(5)].
- The Council of Ministers is collectively responsible to Lok Sabha.
- The Prime Minister of India is generally a member of Lok Sabha, but this is not compulsory or restricted. He can be a member of Rajya Sabha. Indira Gandhi was the first PM from Rajya Sabha at the time of appointment but later became the member of Lok Sabha.
- The President of the Council of Scientific and Industrial Research is the Prime Minister of India.
- The National Defence Committee is headed by the Prime Minister.
- Manmohan Singh was elected as a member of Rajya Sabha from Assam in 1991. Later, he again became a member of Rajya Sabha from Assam in the year 1996, 2001, 2007 and 2013.
- The Office of Deputy Prime Minister is not mentioned anywhere in the Constitution of India. The post is created due to political necessity which is purely a non-Constitutional post.
- The minimum age requirement to become the Prime Minister of India is same as is required by a person to be a member of Lok Sabha i.e. 25
- President Rule will not be imposed on the resignation of Council of Ministers.
- After losing the majority in the Lower House, the Prime Minister has to resign. This is not explicitly mentioned in the Constitution, but conventionally he resigns as he is the head of Council of Ministers which is collectively responsible to the House of the People according to Article 75(3).
- The Council of Ministers in India can move “Confidence Motion” whether it is passed of rejected in the Parliament (Lok Sabha). A Motion of ‘No Confidence’ can be introduced only in Lok Sabha (the Lower House of the Parliament). The Government brings the ‘Motion of Confidence’ in the Lok Sabha when it has to prove confidence or support of a majority in the House of people (Lok Sabha).
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- The ‘No-Motion Confidence’ may be introduced only in Lok Sabha, and No Confidence Motion is not mentioned in our Constitution. Procedure for ‘No Confidence Motion’ is mentioned in Rules of Procedure and conduct of Business of Lok Sabha (Rule no198)
- If a member resigns from the office of Minister, he can make a statement in the House about his resignation when allowed by the Speaker. It is, however, open to the member to make a statement or not, and he cannot be compelled to do so.
- The Office of Profit is decided by the Parliament States for the Union under Article 102(1)( a) and by State Legislators for the States under Article 191(1)(a). These Articles state that a person shall be disqualified for being chosen a member, of Legislative Assembly or legislative Council of States if he holds any office of profit under Government of India or Government of any State, other than an office declared by Legislature of state not to disqualify it holder.
- Minimum 50 members are required to table a ‘No Confidence Motion’ against the Council of Minister.
- In Indian Policy, the Executive is subordinate to the Legislature. Parliament is the supreme legislative body of the country. The Council of Ministers is collectively responsible to the House of the People.
- Deve Gowda was the 12th Prime Minister of India (including the term of acting Prime Minister Gulzari Lal Nand). Narendra Modi is the 15th Prime Minister of India.
- Kailash Nath Katju was included into Nehru’s Cabinet in the year 1951 as Law Minister, and in the same year, he became the third Home Minister of the country. Later, in 1955, he held the office of Defence Minister. He also served as Chief Minister of Madhya Pradesh from 1957 to 1962.
- K. Shanmukha Chetty served as the first Finance Minister of Independent India (1947-1949) in Jawaharlal Nehru’s Cabinet.
- B.R. Ambedkar was the first Law Minister of post-independence India while Jogendra Nath Mandal was the Law Minister in the interim government formed in 1946.
- The word “Budget” is not mentioned in the Constitution of India. Under Article 112 “Annual Financial Statement” is mentioned.
- Prime Minister Tenure
I.K. Gujral 1997-98
H.D. Deve Gowda 1996-97
Chandra Shekhar 1990-91
Atal Bihari Vajpayee 1999-2004
Vishwanath Pratap Singh 1989-90
- Significantly the tenure of Atal Bihari Vajpayee as Prime Minister is as follows;
He took charge as Prime Minister of India on May 16, 1996 to June 1, 1996, March 19, 1998 to April 26, 1999 and from October 13, 1999 to May 22, 2004.
- Chaudhari Charan Singh was the Prime Minister of India from 28 July, 1979 to 14 January, 1980. During his tenure, he never attended the Lok Sabha as Indian National Congress withdrew it’s support before the seating of Lok Sabha.
- The second Prime Minister of India Lal Bahadur Shastri died, outside India, in Tashkent (Capital city of Uzbekistan) on 11 January, 1996.
- The word “Cabinet” is mentioned only once in the Constitution of India in Article 352(3) which says “The President shall not issue a Proclamation unless the Union Cabinet Communicates him in writing that such a Proclamation may be issued.
- The policy of liberalisation, privatisation, and globalisation was announced as New Economic Policy by Prime Minister Narsimha Rao on 24 July, 1991.
- Manmohan Singh has served for all the above posts except as a Chairman of Finance Commission.
- In the Constitution of India, the duty and office of Deputy Prime Minister is not mentioned, but conventionally, a Cabinet Minister can be declared as a Deputy Prime Minister. It does not confer on him any power of the Prime Minister.
- The executive power of the Union of India is not vested in the Prime Minister but in the President Art 53(1). The Constitutional head of the executive of the Union i s the President Article 74(1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as its head to aid and advice the President, who shall exercise his/her functions in accordance with the advice. The Cabinet Secretarial is under the direct charge of the Prime Minister. The administrative head of the Secretariat is the Cabinet Secretary who is also the ex-officio Chairman of the Civil Services Board.
- 91st Constitutional Amendment says that the total number of Ministers, including Prime Minister in the Council of Ministers, shall not exceed fifteen percent of the total number of members of the House. It was added in Article 75(1A) in 2003 after 91st
- The number of Ministries at the Centre on 15 August, 1947 was 18. Currently the number of Ministries at the center is
- White paper is an official document issued by the Government of India or by its Ministry which explains the Government policies on a particular subject and allows the Government to collect feedback before a bill is prepared.
- According to Article 257(1) of the Indian Constitution, the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to giving such direction to states as may appear to Government of India necessary for that
- The Reorganization of Union Cabinet is based on the Report of N. Gopalswami Ayyangar.
- The ‘Cabinet Secretariat’ has been given a place in I-Schedule of the rules made under the Government of India (Allocation of Business) Rules, 1961.
- The Subjects allotted to the Secretariat are:
- Secretariat assistance to the Cabinet and the Cabinet Committees
- The administration of the Rules of Business
The Secretariat assistance provided by the Cabinet Secretariat to the Cabinet and Cabinet Committees re:
- Convening of the meeting of the Cabinet on the orders of the Prime Minister.
- Preparation and circulation of the agenda
- Circulating papers related to cases on the agenda
- Preparing a record of discussion taken
- Circulation of the record after obtaining the approval of the Prime Minister
- Watching implementation of the decisions taken by the Cabinet.
- Promotion of Inter-Ministerial Coordination. The coordination is required for removing difficulties, removing differences, overcoming delays, coordination in administrative actions and coordination of policies.
- “Karma Bhumi (Land of Duty) is a memorial of the ninth President of India Dr. Shankar Dayal Sharma while the name of the memorial of Rajiv Gandhi is “Veer Bhumi” (Land of Brave).
- “Jai Jawan Jai Kisan” was a slogan given by the Prime Minister Lal Bahadur Shashtri in 1965 at a public gathering at Ramlila Maidan, Delhi. The slogan was for the Indian Farmers and Soldiers during Indo-Pak War.
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The Attorney General and C.A.G.
- According to Article 76 of the Indian Constitution, it shall be the duty of the Attorney General to advise to the Government of India upon legal matters, and to perform such other duties of legal character. The Attorney General is the first law officer of the Government of India. The President shall appoint a person who is qualified to be appointed as a Judge of the Supreme Court to be Attorney General of India.
- The Attorney General of India is the Chief Legal Advisor to the Government of India. In the performance of his duties, the Attorney General shall have right of audience in all courts in the territory of India.
- Article 88 of the Indian Constitution, deals with the rights of Ministers and Attorney-General in respect of Houses. Every Minister and the Attorney General of India shall have the right to speak in, and otherwise to take part in the proceedings of either House, any joint sitting of the Houses, and any Committee of Parliament of which he may be named a member, but shall not by virtue of this Article, be entitled to vote in the House. The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court, to be Attorney General of India. He cannot removed by the President.
- The Solicitor General of India is subordinate to the Attorney General of India, who is the Indian Government’s legal advisor. The Solicitor General of India is the second law officer of the country, assists the Attorney General, and is himself assisted by several Additional Solicitors General of India.
- Article 148(1) of the Constitution of India, says that there shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a judge of the Supreme Court. The Comptroller and Auditor General audits all receipts and expenditures of the Government of India and submits his report to the President. He also audits all receipts and expenditures of the State Governments and submits the report to the Governor of the State.
- It is the duty of the Advocate General to advise the Government of the State on legal matters. The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court, to be Advocate General for the State. The Advocate-General shall hold office during the pleasure of the Governor (Article 165). He is the first legal advisor of the State Government.
- According to Article 148(3) the salary and other condition of service of the comptroller and Auditor General of India shall be determined by Parliament. The comptroller and Auditor General of India hold office for the term of 6 years or until attains the age of 65 years whichever is earlier as per law of the Parliament (CAG Duties, Power, and Condition Act 1971).
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- The Comptroller and Auditor General of India (CAG) is the Head of the Indian Audit and Accounts Department (IA&AD) and drives his Constitutional standing as the Auditor of the Union and State Governments from Articles 148 to 151 of the Constitution of India. The duties, powers and conditions of service of the comptroller and Auditor General are laid down in the CAG (Duties, Powers and Conditions of Service) Act, 1971.
- The Statutory duties of the CAG include audit of –
- Receipts and expenditures of the Union and the State Governments accounted for in the respective consolidated funds.
- Transactions relating to the Contingency Funds (created for use in emergency circumstances) and the public Accounts (used mainly for loans, deposits, and remittance).
- Trading, manufacturing, profit and loss accounts and balance sheets and other subsidiary accounts kept in any Government Department.
- Accounts of stores and stock kept in Government Organizations, Government Companies and Government Corporations whose statutes provide an audit by the CAG.
- Authorities and bodies substantially financed from the Consolidated Funds of the Union and the States.
- Anybody or authority even though not substantially financed from the Consolidated Fund at the request of the President or the Governor.
- Accounts of bodies and authorities receiving loans and grants from the Government for specific purposes.
- The Parliament is the ultimate authority to take appropriate action on comptroller and auditor General’s reports. The Public Accounts Committee of Parliament debates extensively on these Reports. Article 151(1) of the Constitution is related to the Audit reports of CAG. The reports of Comptroller and Auditor-General of India relating to the Accounts of the Union shall be submitted to the President who shall cause them to be laid before each House of Parliament.
- The Comptroller and Auditor General of India attend the meetings of the Public Account Committee of the Parliament. Article 149 prescribes those duties and powers which shall be performed and exercised by him.
- The representatives of the Ministries appear before the Public Accounts Committees when examining the Accounts and Audit Reports relating to their Ministries. The CAG is the “Friend, Philosopher and Guide” of the PAC. It attends the sittings of the PAC, assists it in its deliberations.
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- The Amendment to CAG Duties, Power and Condition Act, 1971 separated Accounts from Audit and relieved the Comptroller and Auditor General of their responsibilities in the matters of preparation of Accounts. The Amendment was made in the year of 1976.
- The Comptroller and Auditor General (CAG) of India acts as the Custodian and Trustees of public money, and it is the duty of the CAG to see that even a single penny of the Consolidated Fund of India or of any State should not be spent without proper authorization of the Legislature.
- Public Finance is the study of the role of the Government in financial activities. It is the branch of Economics which assesses the Government Revenue and Government Expenditure and the Adjustment of one or the other to achieve the desirable effects and avoid undesirable ones. The Public Finance is not related to the execution of the function of commercial Banks.
- In Indian, an Advocate General is a legal advisor to a State Government. The post is created by the Constitution of India and corresponds to that of Attorney General of India at the Union Government level. The Advocate General of State in India is appointed by the Governor, not by the President. Article 177 empowers him to speak in and take part in the proceedings of the Legislature of the State, but he has not right to vote in it. As provided in Civil Procedure Code, High Courts does not have original, appellate and advisory jurisdiction at the state level. Under Article 143, the advisory jurisdiction belongs to the Supreme Court.
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- The order of precedence, are as follows –
- Prime Minister
- Governors of the State
- Former President and Vice-Presidents
(5A) Deputy Prime Minister
- The Chief Justice of India and the Speaker of Lok Sabha are equal in the table of precedence of Government of India.
- The Cabinet Secretary is the top most civilian officer in the Government of India. The Cabinet Secretary is the ex-officio head of Civil Services Board, Cabinet Secretariat, Indian Administrative Service (IAS) and head of all Civil Services under the Rules of Business of the Government of India.
The Parliament (1)
- According to Article 84(1) (b), the minimum age for a persons seeking election to the Council of States is not less than 30 years and to a seat in the House of the People (Lok Sabha) is not less than 25 years of age.
- According to section 4(d) of Representation of the People Act, 1951, for election to the Lok Sabha, a nominations paper can be filled by any citizen of India whose name appears in the electoral rolls of any parliamentary constituency.
- According to Article 326 of the Indian Constitution, elections to the House of the People and the Legislative Assemblies of the States are held on the basis of adult suffrage. Article 324 deals with the superintendence, direction and control of elections to be vested in Election Commission.
- Lok Sabha is the House of the People. Its members are elected on the basis of by direct election. According to Article 81 and Article 331 composition of Lok Sabha is –
- Five hundred and thirty (530) members to represent states,
- 20 members to represent Union Territories and
- 2 Anglo-Indian members nominated by the President. Thus it’s maximum strength can be 552.
- Any candidate who fails to secure more than one-sixth (1/6) of the valid votes polled i n the constituency, loses his security money or deposit.
- 31st Constitutional Amendment Act, 1973, increased the strength of the Lok Sabha from 525 to 545. Number of members of member to represent Union Territory was decreased from 25 to 20.
- 84th Constitutional Amendment Act, 2001 made an amendment to the Article 81(3) Proviso, that in place of year 2000 for the purpose of allotment of seats in the House of People to any state 2026 should be substituted and shall not be amended till 2026, and be construed as a reference to the 1971 census for allocation of seats in Lok Sabha.
- Till 2008, there was no reservation for Scheduled Castes and Scheduled Tribes in the State of Arunachal Pradesh, Jammu and Kashmir, Goa, Meghalaya, Nagaland, Sikkim, but now after delimitation in 2008 both seats of Lok Sabha for the State of Meghalaya have been reserved for Scheduled Tribes. Andaman and Nicobar Island, Chandigarh, Daman and Diu and Puducherry are Union Territories where no seats are reserved for SC and ST.
- The President holds the power to nominate the Anglo-Indian members in Lok Sabha. According to Article 331, if the President is of the opinion that the Anglo-Indian community is not adequately represented in the House of the People, he may nominate not more than 2 members of that community.
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- Under Article 333 of the Constitution, it is provided that the Governor of a state may if he is of the opinion that the Anglo-Indian Community needs representation in the Legislative Assembly and is not adequately represent there in, nominate one member of that community to the Assembly.
- According to Article 85(2)(b), the Lok Sabha may be dissolved before completion of its tenure/period. The President exercises this power on the recommendation of the Prime Minister or Council of Ministers.
- Through the 7th Constitutional Amendment Act, 1956, the State Reorganization Act, 1956 determined the number of member in Lok Sabha as 520. Later by the 31st Constitutional Amendment Act, 1973, the number of members was set as 530 chosen by direct election from territorial constituencies of states, 13 members to represent Union territories and 2 nominated Anglo-Indians. According to Article 81 subject to the provision of Article 331 the House of People consists of not more than 530 members from States and not more than 20 members from Union Territories.
- At the time when the question was asked, there were 530 constituencies for States and 13 for Union Territories (Delhi-7, Andaman and Nicobar-1, Puducherry-1, Chandigarh-1), In addition to these 2 Anglo-Indians are nominated by President.
- The Union Territories get representation in both Houses of Parliament. Delhi has 3 and Puducherry has 1 Member in the Rajya Sabha.
- The sitting of House of the People may be terminated by way of Adjournment, Prorogation, and Dissolution. Adjournment is done by the speaker of Lok Sabha while Prorogation and Dissolution is done by President under Article 85(2).
- Present status of representation in Lok Sabha is given below:
First (Uttar Present) – 80 Seats
Second (Maharashtra) – 48 Seats
Third (West Bengal) – 42 Seats
Fourth (Bihar) – 40 Seats
Fifth (Madhya Pradesh) – 29 Seats
- The tenure of the 5th Lok Sabha was about 6 years which functional from 19 March, 1971 to 18 March, 1977.
- State of Uttar Pradesh has the largest representation in Lok Sabha and Rajya Sabha. 80 seats in Lok Sabha and 31 seats in Rajya Sabha are allotted to Uttar Pradesh, which in the largest number allotted to any State.
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- The seats allotted to States given in the options are as follows: Punjab-13, Assam- 14, Gujarat-26, Rajasthan-25, Madhya Pradesh-29, Tamil Nadu-39, Andhra Pradesh- 42, West Bengal-42. Thus, Andhra Pradesh and West Bengal have equal seats in Lok Sabha.
- Note: At present, after the formation of Telangana in 2014 out these 42 seats of Andhra Pradesh, 17 seats have been allotted to Telangana. So now Andhra Pradesh has 25 seats.
- Chandigarh, Sikkim and Mizoram is a group of State/Union Territories which have been allocated only one seat each in the Lok Sabha. Other states or Union Territories which have only one seat are, Andaman and Nicobar Island. Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Nagaland, and Puducherry.
- State Representation in Lok Sabha
Andhra Pradesh 25
Tamil Nadu 39
- The Lok Sabha election was held in 2009 for 15-Lok Sabha after the enforcement of delimitation order, 2008. In terms of number of electors, Unnao of Uttar Pradesh, with approx 19 Lakh voters, was the biggest constituency in the General Elections of 2009.
- In February 2014, Ministry of Law and Justice by issuing a notification fixed the maximum expenditure limit in Parliamentary elections. For Lok Sabha Constituency it has been increased from Rs. 40 Lakhs to Rs. 70 Lakhs and for Vidhan Sabha, it has been increased from Rs. 16 Lakh to Rs. 28 Lakhs.
- The first General Election of Lok Sabha was held between 25 October 1951 to 21 February 1952. The Election was held for total 489 seats. The first session of the first Lok Sabha commenced on 13 May, 1952.
- 9th Lok Sabha was constituted on 2 December, 1989 and dissolved on 13 March, 1991.
- The elections for 12th Lok Sabha were held in February, 1998 and 12th Lok Sabha was constituted on 10th March, 1998 and was dissolved on 26th, 1999.
- The first largest constituencies for Lok Sabha election on the basis of area are:
- Ladakh (173266 Sq. km.)
- Barmer (55074 Sq. km.)
- Kachchh (41414 Sq. km.)
- Arunachal East (39704 Sq. km.)
- Arunachal West (39613 Sq. km.)
- T he smallest constituency on the basis of the area is Chandni Chowk (10.59 Sq. km.) Delhi.
- According to Article 93, the House of the People shall as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and so often as the office becomes vacant the House shall choose another member to be the Speaker or the Deputy Speaker as the case may be.
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- The election of Lok Sabha or state Assembly in India are conducted on the principle of ‘First past the Post’. In this method, the candidate with the highest number (but not necessarily a majority) of votes is elected. According to Article 93 of the Constitution, “the House of the people shall, as soon as may be, choose two members of the House to be respectively speaker and Deputy Speaker. Traditionally, the speaker’s post goes to the majority and the Deputy Speaker to the Opposition. However there is no such provision in the constitution.
- According to Article 101(4) of the Constitution, “if for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.
- The Speaker of the Lok Sabha may, at any time by writing under his hand addressed to Deputy Speaker, resign from his office. This provision has been made in Article 94 which deals with vacation, resignation, and removal of the Speaker and the Deputy Speaker.
- The procedure for removal of the Speaker of the Lok Sabha has been made under Article 94(c). The Speaker or the Deputy Speaker may be removed from his office by a resolution of House of the people passed by a majority of all the then members of the House, provided that to resolution shall be moved unless at least fourteen (14) days notice has been given in the Speaker of the intention to move the resolution.
- The speaker of the House of the People shall be chosen by the members of the Lok Sabha themselves. He may be removed from the office by a resolution passed by the majority of all the then members of the house. The Speaker may address his resignation to the Deputy speaker of the House.
- V. Mavalankar was the Speaker of the First Lok Sabha. The name of the Speakers of the Lok Sabha is given below:
- V. Mavalankar 1952-1956
- Ananthasayanam Iyengar 1956-1962
- Sardar Hukum Singh 1962-1967
- Neelam Sanjiv Reddy 1967-1969
- Gurudayal Singh Dhillon 1969-1975
- Bali Ram Bhagat 1976-1977
- Neelam Sanjive Reddy 1977 (March-July)
- S. Hegde 1977-1980
- Balram Jakhar 1980-1989
- Rabi Ray 1989-1991
- Shivraj Patil 1991-1996
- A. Sangma 1996-1998
- M.C. Balayogi 1998-2002
- Manohar Joshi 2002-2004
- Sommau Chatterjee 2004-2009
- Meira Kumar 2009-2014
- Sumitra Mahajan 2014 to Present.
- Acharya J.B. Kripalani with 21 Parliament members of opposition moved a Non-Confidence Motion against First Lok Sabha Speaker G.V. Mavalankar on 15 December, 1954. This motion was refused by Lok Sabha on 18 December, 1954.
- A. Sangama became the first tribal speaker of Lok Sabha in 1996.
- The first woman Speaker of Lok Sabha, was Meira Kumar. She was chosen unopposed as Speaker and served from June 2009 to June 2014.
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- The Lok Sabha in comparison to Rajya Sabha has exclusive powers in regards to the introduction of a Money bill, its rejection and Amendment as provided in (Art 109). The Accountability of the Council of Ministers is to House of People as provided in Article 75(3), whereas Rajya Sabha has exclusive powers with regards to the creation of one or more All India Services (Art. 312).
- In 15th Lok Sabha, the number of women members was more than 11% of the total number of members. There was total 63 women numbers out of which 25 were from Congress and 13 from BJP. There were three woman members elected from Rajasthan and highest 12 women member from Uttar Pradesh.
The Parliament (2)
- The Rajya Sabha or Council of States is the upper house of the Parliament of India. Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of which 12 members are nominated by the President. The present strength of Rajya Sabha is 245 including 12 nominated members. One third of the members retire every two years. The Rajya Sabha was formed on 3 April, 1952.
- The Union Territories are represented in the Council of State. There are 3 seats for Delhi and 1 seat for Puducherry in the Council of States. Election disputes are adjudicated by Judiciary in the mode of the election petition. According to Article 79, Parliament consists of President, House of the People and Council of States.
- Article 80 of the Constitution is about the composition of the Council of States. It states that there shall not be more than 238 representatives of the States and the Union Territories. The Council of the States shall consist of 12 members nominated by the President.
- According to Article 80(4) of the Constitution, the representatives of each State in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the proportional representation by means of the Single Transferable Vote.
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- According to Article 83(1), the Council of States is the Upper House or Permanent House of the Parliament. It is not subject to dissolution but, as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year. Thus the tenure of the members of the Council of States is 6 year.
- According to Article 80, the President may nominate 12 persons in Rajya Sabha belonging to the area of Literature, Science, Art and Social Services.
- Nargis Dutt was the first Indian actress nominated to Rajya Sabha in 1980. Her tenure was from 3 April, 1980 to 3 May, 1981. Vaijayanthimala Bali was nominated to Rajya Sabha from 27 August, 1993 to 26 August, 1999. Jayalalitha was Rajya Sabha member from 3 April, 1984 to 28 January, 1989. Devika Rani Chaudhari was the first Indian actress to receive Dada Saheb Phalke Award in 1969.
- The creation of new All India Services comes under the exclusive power of the Council of States. One or more All India Services can be created by the resolution of the Council of States supported by not less than two-third of the members present and voting. The creation of All India Services is provided in Article 312.
- According to Article 109 of the Indian Constitution, a Money Bill shall not be introduced in the Council of States. After Money Bill has been passed by the House of People it shall be transmitted to the Council of States for its recommendation and Council of States shall within shall within a period of 14 days from the date of its receipt of the Bill return the Bill to the House of People with its recommendation and House of People may thereupon either accept or reject all or any of the recommendation of the Council of States. So Rajya Sabha has no power either to reject or amend the Bill. According to Article 113(2) of the Indian Constitution estimates are submitted in the form of Demands for grants to the House of People and only House of People has power to assent or refuse to assent. Rajya Sabha cannot vote on the Demand for Grants.
- A resolution passed by the Rajya Sabha under Article 249 of the Constitution empowering Parliament to legislate on a state subject in national interest remains in force for a period not exceeding one year. (Article 249 (2)).
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- Whenever the Government of the Council of ministries fail in Rajya Sabha, none of the given consequence occurs because, according to Article 75(3); the Council of Ministers is collectively responsible to the Lok Sabha (House of the People).
- The Council of States has been conferred with special power under Article 249 of the Indian Constitution to declare by resolution supported by not less than 2/3rd members present and voting that it is necessary or expedient in the national interest that Parliament should make law on a subject enumerated in the State list. Like this Article 312 of the Indian Constitution provides that the Council of States can declare by resolution supported by not less than 2 /3rd of member present and voting it is necessary and expedient in the national interest to create one or more All India Services, including All-India Judicial Services.
- Article 89(1), of the Indian Constitution, states that the Vice-President of India shall be ex-officio Chairman of Council of States. The Vice-President is elected by the member of an electoral college consisting of the members of both the Houses of Parliament given number Art. 66. Article 64 also states that Vic-President shall be ex-officio Chairman of Rajya Sabha.
- The presiding officer of Rajya Sabha i.e. Vice-President is not a member of the House. He is elected by the member of an electoral college of the member of both the Houses of Parliament.
- According to the Article 109(2), after a Money Bill have been passed by the House of the People it shall be transmitted to the Council of States for its recommendation and Council of State may return within 14 days of its receipts to the House of People which may either accept or reject all or any of the recommendation of the Council of States.
- The minimum age required for a person to be candidate for the election to Council of States is 30 years.
- The minister who is the member of Rajya Sabha may participate in the deliberation of Lok Sabha, while being a member of Rajya Sabha.
- Article 80 of the Constitution deals with the composition of Council of States. According to this Article, there shall be-
- Twelve members nominated by the President;
- Not more than 238 representatives of the States and Union Territories. Total strength is thus 250. At present, there are total 245 members in the Council of States out of which 229 representatives are from State Legislative Assemblies, and 4 are from Union Territories Legislative Assemblies (3-Delhi, 1-Pondicherry) and rest 12 are nominated by the President.
- The Council of State is a Permanent House of the Parliament and tenure of its members is 6 years. The minimum age to be a member of this House is 30 years.
The Parliament (3)
- Article 368 of the Constitutions of India, deals with the power of Parliament to amend the Constitution. Thereof, it says that notwithstanding anything in this Constitution, Parliament may in the exercise of its constitutional power amend by way of addition, variation or repeal, any provision of this Constitution in accordance with the procedure laid down in this Article. The Parliament is the supreme Legislative Body elected by the People of India. Therefore Parliament has the authority to amend the Constitution.
- The Parliament of India consists of (1) President (2) Lok Sabha (3) Rajya Sabha. The House of People shall consist of –
- Not more than 530 representatives of States [Art 81(1)(a)] chosen by direct election from territorial constituencies in the state.
- Not more than 20 representatives of Union Territories [Art 81(1)(b)].
- Not more than 2 members of the Anglo-Indian Community nominated by President.
- Article 85(1) imposes a duty upon the President to summon each House of Parliament at such interval that six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the session. So the Parliament must meet at least twice in a year.
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- Article 59 of the Indian Constitution says that the President shall not be a member of either House of Parliament and Article 79 says that Parliament of Union shall consists of President and two Houses.
- According to Part V of the Constitution, under Article 79, it is situated that there shall be a Parliament for the Union which shall consist of President and two Houses to be known respectively as Council of States and House of People. These three are an integral parts of the Parliament, but the Vice-President is not a part of Parliament.
- According to the Constitution of India, the Officers of the Parliament include the Speaker of the Lok Sabha, the Deputy Speaker of L ok Sabha, Secretary General of the Lok Sabha and the Chairman of the Rajya Sabha.
- Article 101 of the Constitution is about “Vacation of seats.’ Clause 4 of the Article states that if a member of either House of the Parliament is absent from all meetings for a period of 60 days, the House may declare his seat vacant; but in calculation of these 60 days, any period for which House is prorogued or is adjourned for more than four consecutive days, shall be excluded.
- The first member who was declared disqualified for remaining absent for 60 days sixty days without the permission of the House was from Council of State from Punjab in the year 2000. The person was an Independent Member of Parliament named Barjinder Singh Hamdard.
- Article 105 of the Constitution provides the powers privileges, and immunities of the Houses of Parliament and its members and communities thereof.
- Under the Parliamentary Rules and Procedures, the Privilege Motion can be raised against a Minister if any fact of a case is withheld by him or a distorted version is given.
- In the case of a Money Bill, the Council of State shall return the Bill to the House of People within fourteen days, and the ordinary Bill has no time limit.
- According to Article 108(4), if at the joint sitting of the two Houses the Bill, with such amendments, if any as are agreed to in joint sitting is passed by a majority of total number of members of both the Houses present and voting, it shall be deemed to have been passed by both Houses. This indicates that only a simple majority of members present and voting is required.
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- The Speaker of the Lok Sabha presides over a joint sitting of the two Houses of the Parliament.
- Article 118 of the Constitution of India is related to the Rule of procedure. Joint session of two Houses is presided over by the Speaker of the Lok Sabha. During the absence of the Speaker from any joint sitting, it is presided over by the Deputy Speaker of the House or if he is also absent, the Deputy Chairman of the Council and if he is also absent such other person as may be determined by the members present at a sitting shall preside.
- The joint sitting of both the Houses of Parliament in India is mentioned under Article 108 of the Constitution of India. The first joint session took place in 1961 to resolve the issue on the ‘Dowry Prohibition Bill,’ on which both the Houses had finally agreed. The second joint session took place in 1978 on the Banking Service Commission (Repeal) Bill of 1977. The third joint session of the Parliament was held in March 2002 for Anti-Terrorism Bill (POTA).
- A Legislative Bill can be introduced in either House of the Parliament, but Money Bill can be introduced only in Lok Sabha and the Bill related to the creation of All-India Services can only be introduced in the Rajya Sabha.
- According to Article 107(3) of the Indian Constitution, a Bill pending in Parliament shall not lapse by reason of prorogation of the House. Article 107(4) of the Indian Constitution states that a Bill pending in the Council of States which has not been passed by the House of People shall not on the dissolution of the House of People.
- A private member’s Bill is a Bill presented by any member other than a Minister. The difference in two cases is that any member other than a Minister desiring to introduce a Bill has to give a notice of his intention and to ask for leave of the House to introduce the Bill. If a Bill has been published in the official gazette before it’s introduction, no motion for leave to introduce the Bill is necessary. About a dozen of private Bills have been passed since the independence.
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- According to Article 266 of the Indian Constitution all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means, advances and all money received by that Government in the repayment of loans shall form one Consolidated Fund of India. It is under the control of Parliament. No amount can be withdrawn from the Parliament. So the authority to issue money according to the budgetary provisions from the Consolidated Fun can only be obtained if the Parliament permits it according to appropriation under Article 114.
- Only discussion on expenditure charged on the consolidated Fund can happen, not voting. According to Article 112(3) of the Indian Constitution, the salary and allowances of the President, salary and allowances of the Chief Justice of India, Pensions payable to Judges of High Courts, salary and allowances of the Comptroller and Auditor General of India, salary and allowances of the Chairman and Deputy Chairman of the Council of States and Speaker and Deputy Speaker of Lok Sabha, are the expenditures charged on the consolidated Fund of India.
- The following expenditures shall be the expenditure charged on the Consolidated Fund of India –
- The emoluments and allowances of the president and other expenditures relating to his office.
- The salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People.
- Debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt.
- (i) The salaries, allowances, and pensions payable to or in respect of Judges of the Supreme Court.
(ii.) The Pensions payable to or in respect of judges of the Federal Court.
- The Pensions payable to or in respect of Judges of any High Court which exercise jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised Jurisdiction in relation to any area included in 86 (a) Governor’s Province of the Domination of India.
- The salary, allowances, and pension payable to or in respect of the Comptroller and Auditor-General of India.
- Any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal.
- Any other expenditure declared by this Constitution or by Parliament by law to be so charged.
- Only discussion on expenditure charged on the Consolidated Fund can happen, not voting. According to Article 112 (3) of the Indian Constitution, the salary and allowances of the President, salary and allowances of the Chief Justice of India, Pensions payable to Judges of High Courts, salary and allowances of the Comptroller and Auditor General of India, salary and allowances of the Chairman and Deputy Chairman of the Council of States and Speaker and Deputy Speaker of Lok Sabha, are the expenditure charged on the Consolidated Fund of India.
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- According to Article 112 of the Indian Constitution, the salary and allowances of Vice-President are not included in the expenditure charged on the Consolidated Fund of India.
- Any withdrawal of amount from the Consolidated Fund of India must be approved by the Parliament as mentioned in Article 114 of the Indian Constitution.
- All revenues received by the Union Government by way of taxes and other receipts for the conduct of Government business are credited to Consolidated Fund of India as enumerated in Article 266 of the Constitution of India.
- Article 109 – Special Procedure in respect of Money Bills.
- Article 110 – Definition of Money Bill
- Article 111 – Permission on Bills
- Under Article 110(3), it has been specified that if any question arises whether a Bill is Money Bill or not, the decision of the Lok Sabha Speaker on this issue shall be final.
- A Money Bill can be introduced in Lok Sabha only. Rajya Sabha has got very limited power in this regard. Rajya Sabha can delay this for a period not exceeding 14 days.
- It has been laid down in Article 109(1) of the Constitution of India that a Money Bill shall not be introduced in the Rajya Sabha. Article 109(2) lays down that, after a Bill has been passed by the Lok Sabha, it shall be transferred to the Rajya Sabha for its recommendations. In turn, the Rajya Sabha, within a period of 14 days of its receipt of the Bill, shall return the Bill with or without its recommendation to the Lok Sabha which may accept or reject all or any of the recommendations of the Rajya Sabha.
- The charged expenditure upon the Consolidated Fund of India (Article-112(3)) is not submitted to the vote of Parliament, although there can be a discussion on the same in either House of Parliament.
- If the annual Union Budget is not passed by the Lok Sahha, the Prime Minister submits the resignation of Council of Ministers because it would mean that the government has lost majority in the Lok Sabha.
- The Parliament exercises following types of control over the expenditure –
- No Money can be withdrawn from the consolidated fund of India under Article 114 of the Indian Constitution. Without a Bill for the appropriation.
(ii) Provisions relating to supplementary grant and vote on account is given in Article 115 and Article 116 of the Constitution.
(iii.) Article 107 stipulates provision regarding financial Bill.
- Placing Annual Financial Statement before the Parliament.
- Budget is presented by the Finance Minister and officials of the concerned Ministry. A minister takes oath of office and secrecy. Therefore, if the budget is disclosed before being introduced in the legislative Assembly, the Finance Minister will have to take responsibility individually and resign. Provision for punishment is mentioned in the official secrecy Act, 1923.
- Article 276 (2) of the Constitution specifies that the total amount payable in respect of any person to the State or to any municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, calling and employments shall not exceed two thousand and five hundred rupees (Rs. 2500) per annum after 60-Amendment, 1998 in place of Rs. 250.
- The Department of Economic Affairs is responsible for the preparation and presentation of the Union Budget in the Parliament.
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- The Economic Survey is presented in the Parliament every year before the presentation of the budget for the coming year. Economic Survey contains the progress, activities and fiscal details of various sectors of the Economy for the current year.
- Article 116 of the Indian Constitution states that in case the Appropriation Bill is not passed and the Union government requires withdrawal of money, it can though Vote on Account have the power to authorize by law the withdrawal of money from the Consolidated Fund of India.
- Vote on-Account is presented when Governmental has no time to present full Budget or elections are around the corner. When the Government does not have enough time to vote for a full budget before the commencement of the new financial year, a special provision is made to make sure that there is enough money at the disposal of the Government to allow it to run the administration of the country. This special provision is known as Vote-on-Account. Article 116(a) of the Constitution has provision of Vote-on-Account.
- According to Article 113(2), the estimates of expenditure included in the Budget are required to be voted by the Lok Sabha in the form of Demands for Grants. The Lok Sabha has the right either to pass the grant or reject the grant or permit the grant after reducing the amount.
- Prior sanction of the President of India is required before introducing Bill in the Parliament on all four matters.
- According to Article 117(1) a Bill or amendment making provision for any of the matters specified in sub clause (a) to (f) of clause (1) of Article 110 shall not be introduced except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States.
- Censure Motion: Censure means the expression of strong disapproval or harsh criticism. It is generally against the policies of the Government.
- Calling Attention: With the prior permission of the Speaker, a member may call the attention of a Minister to any matter of urgent public importance and the Minister may make a brief statement or ask for time to make a statement at a later hour or date.
- Cut Motion: Cut motion is a power given to the member of the Lok Sabha to oppose a demand in the Financial Bill discussed by the Government. If a cut motion is adopted by the House and the Government does not have the numbers, it is obliged to resign. However the Lok Sabha has the right to permit the grant after reducing the amount, and they do so by cut motion which are of three types-token cut, policy cut, and frugality cut.
- Adjournment Motion: It is a motion to draw the attention of members of the House on a subject or matter of public importance.
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- According to the 61st Amendment of the Constitution, 1989 the minimum age to be eligible to vote was reduced from 21 to 18 years by amending Article 326 of the Constitution to provide to the unrepresented youth of the country an opportunity to give vent to their feelings and help them to become a part of political process. It became possible by amending the Representation of the People Act, 1951.
- The National Development Council is comprised of the Prime Minister of India, Cabinet Members (including Finance Minister), the Chief Ministers of all the States Chief Ministers Lieutenant Governor of Union Territories and the Members and secretary of the Planning
- The work done by the Parliament in modern times is not only varied in nature but considerable in volume. The time at its disposal in limited. Hence it cannot give close consideration to all the legislative and other matters that come up before it. A good deal of its business is therefore transacted by what are called the Parliamentary Committees.
- The Committee on Public Accounts- The Committee consists of not more than 22 members comprising 15 members elected by Lok Sabha every year from amongst its members according to the principles of proportional representation by means of single transferable vote and not more than 7 members of Rajya Sabha nominated by that House are associated with the Committee. The examination of the Appropriation Accounts relating to the Railways, Defence Services, P&T Department and other Civil Ministries of the Government of India and report of the Comptroller and Auditor-General of India thereon as also the reports of the Comptroller and Auditor-General on revenue receipts mainly from the basis of the deliberation of the Committee. The tenure of this Committee is one year.
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- The Committee on Estimates – The Estimates Committee, constituted for the first time in 1950, is a Parliamentary committee which consists of 30 Members, elected every year by the Lok Sabha amongst its members. The Chairman of the committee is appointed by the Speaker amongst its members. The most important function of the committee is to suggest alternative policies to bring efficiency and economy in administration.
- The Committee on Public Undertaking – The Committee on Public Undertakings consist 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 main duty of this committee it to ascertain whether the money granted by the Parliament has been spent by Government. The Appropriation Account, audit reports of CAG from the basis of the examination of the committee.
- The Committee on Petitions – This 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.
- The Parliament is the supreme legislative body, but the laws made by the legislature do not infringe upon the Basic Structure of the Constitution. Supreme Court has the power of judicial review to check the validity of the laws made by the Parliament.
- The Golden Jubilee of the Indian Parliament was celebrated on May 13, 2002 on (May 13, 1952 the Parliament was constituted) for completing 50 years of its formal establishment.
- In 1925, Vitthalbhai Patel was elected as the first Speaker of the Central Legislative Assembly. His tenure was from 24 August, 1925 to 28 April, 1930.
- The Public Accounts Committee is formed every year with a strength of not more than 22 members of which 15 are from Lok Sabha and 7 from Rajya Sabha. Its main function is to examine the audit report of Comptroller and Auditor General (CAG) and submits its report to the Parliament.
- Public Accounts Committee – Financial Committee
- Committee on Petitions – Functional Committee
- Joint Committee on Stock Market – Ad hoc Committee
- Departmental Committees – Standing Committee
- The Estimates Committee constituted for the first time in 1950, is a Parliamentary committee consisting 30 members, elected every year by the Lok Sabha from amongst its members and no member of Rajya Sabha is included in this committee. While the Committee on the Public Accounts and the Committee on Public Undertakings consists of 22 members comprising 15 members elected by Lok Sabha every year and 7 members of Rajya Sabha.
- Public Accounts Committee, Estimates Committee, and Public Undertakings Committee are the financial committees of Indian Parliament.
- The Parliamentary Committee are of two types: (1) Standing (2) Ad-hoc. Despite these two promotion category of committees, there are several other committees of Parliament. The three main standing Committees are:
- Estimates Committee
- Public Accounts Committee
- Committee on Public Undertakings.
- In 1993, on the recommendation of the Rules Committee of the Lok Sabha, 17 departments related to Standing Committees were set up and in 2004 their number was increased from 17 to 24. Committee on Welfare of SC’s and ST’s is one of the departmental Standing Committee. Accordingly the Committee for the welfare of SC’s and ST’s also comes under the group of standing Committees.
- For examining 2G spectrum scam P.C. Chacko was made the chairman of the Joint Parliamentary Committee, who submitted his report to the then Speaker of Lok Sabha Meera Kumar.
- The Parliament exercises control over the administration through Parliamentary committees. These committees are Public Accounts Committee, Estimates Committee, Standing Committee, etc.
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The Parliament (4)
- Prevention of Food Adulteration Act was first enacted in the year 1954.
- According to Section 15 of Protection of Civil Rights Act, 1955 all the offenses punishable under the Act are cognizable and summarily Triable.
- According to Section 1(2) of the Protection of Civil Rights Act, 1955, it extended to the whole of India.
- The first class Judicial Magistrates have been empowered to hold special courts for the trial of offences under the Protection of Civil Rights Act, 1955. In Uttar Pradesh, in each district, the Courts of Chief Judicial Magistrates/Judicial Magistrates have been designated as a Special Court for the trial of offences under the Act.
- If case of any offence committed by companies under the Protection of Civil Rights Act, 1955, the person responsible for the company affairs at the time of the incident, whether Director, Manager or Secretary shall be deemed to be guilty of that offence and shall be prosecuted against and punished accordingly.
- Protection of Civil Rights Act, 1955 under section 15(1) provides that notwithstanding anything contained in Code of Civil Procedure, 1973 all offences punishable under this Act shall be cognizable; section 10(a) 1 of this Act empowers the State Government to impose fine collectively on offenders. Apart from it, this act provides for imprisonment as well as fine to offender as mode of punishment.
- The Protection of Women from Domestic Violence Act, 2005 was enacted by Parliament of India to protect women from domestic violence. It came into force on 26th October, 2006.
- The Hindu Marriage Act was enacted in 1955, Hindu Succession Act was enacted in 1956 and Sati (Prevention) Act was enacted in 1987. Reservation of seats for women in the election on local bodies in urban areas was made under 74th Constitutional Amendment, not by 73rd
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- MISA Act was enacted in 1971 and was repealed in 1977. This Act was enacted for the maintenance of internal security. Thus it is not a Social Act, while the other three mentioned Acts were enacted for prevention of social evils.
- The Benami Transaction Act, 1988 was amended through the Benami Transactions (Prohibition) Amendment Act, 2016. There is a large principle ‘Ignorantia Juris non excusat’ which means “Ignorance of law excuses no one.” This principle holds that a person who is unaware of a law may not escape liability for violating it merely because he was not aware of it’s content.
- In 1871, the British Government passed an Act, Commonly known as Criminal Tribes Act. It was enacted for the first time in India and was enforced in the Northern part of India which was later extended to the region of Bengal.
- In 1986, the Government of India passed Consumer Protection Act, 1986 for the protection of consumer rights. Under this Act, the consumers are empowered to take samples for food testing. A consumer can file his complaint in consumer Forum on any malfunction of failure of the product. He has to pay a small fee for that. In the case of death of a consumer his/her legal heir can file a complaint in the Consumer Forum on his/her behalf.
- On 11 September, 1989 the President gave his assent to Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This Act came into force on 30 January, 1990.
- According to Section 23(1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, the Central Government may, by notification in official Gazette make rules for carrying out the purpose of this Act.
- Whoever being a public servant, commits any offence under section 3, of the SCs and STs (Prevention of Atrocities) Act, 1989 shall be punishable with imprisonment for a term which shall not less than one year.
- The power of imposition and realization of collective fine and for all other matters connected in addition to that under Sec. 16 of SC’s and ST’s Act, 1989 is vested in State Government.
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- The Prevention of Money-Laundering Act, 2002 was enacted in January, 2003. This Act came into force on 1 July, 2005. Prevention of Money-Laundering (Amendment) Act, 2009 came into force on 1 May, 2009. The Act was further amended by Prevention of Money-Laundering (Amendment) Act, 2012 which came into force on 15 February, 2013.
- The Land Acquisition Act, 1894 was enacted by British rulers which was replaced by the right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It was disputed ever since the enactment of Land Acquisition Act, particularly forcible acquisition.
- The National Green Tribunal Act, 2010 was enacted in consonance with right to a healthy environment, constructed as a part of Right to Life under Article 21 of the Constitution of India. By this Act, the National Green Tribunal was set up in the country.
- Under Section 6(1) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the Gram Sabha has been given the authority to initiative the process for determining the nature and extent of these rights. After that, it is inquired at Tehsil and District level.
- Namit Sharma Vs. Union of India is related to Right to Information Act, 2005.
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The Supreme Court
- The Supreme Court in India was inaugurated on 28 January, 1950.
- The Supreme Court of India was established according to Part V, Chapter IV, Article 124 of the Constitution of India and is the highest judicial forum and the final Court of Appeal. Establishment of the Supreme Court of India, its composition and Jurisdiction has been laid down in Article 124 to 147 of the Indian Constitution. Initially, during the 1950s the Supreme Court consisted of a Chief Justice and seven Judges. In 1956, the number rose to eleven, and it kept rising to fourteen, eighteen, twenty-six and thirty-one including the Chief Justice in 1960, 1978, 1986 and 2008 respectively.
- The number of Judges was later extended to 31 (including Chief Justice) under an Act of 2008 (notified in February, 2009). According to Article 124(1) of the Indian Constitution, there shall be a Supreme Court of India.
- Article 124 of the Constitution provides for the formation of the Supreme Court. The power to increase the number of Judges in the Supreme Court of India is vested in the Parliament.
- According to Article 124(2)(a) of the Indian Constitution, a Judge may, by writing under his hand addressed to the President, resign his office. The President also appoints every Judge of the Supreme Court and High Court by warrant under his hand and seal after consultation with the Supreme Court and the High Courts in the States.
- According to Article 124(4), a Judge of the Supreme Court cannot be removed from his except by an order of the President (an impeachment by the Parliament) passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme Court is debarred form practising in any court of Law or before any other authority in India.
- According to Article 125(1) of the Constitution, there shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.
- The Supreme Court is considered as the guardian of the Constitution. The Judges of the Supreme Court can removed by order of the President, which must be supported by a special majority of each House of the Parliament and not by Chief Justice of India. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India to safeguard the autonomy of the Supreme Court (as this provision curtails the absolute discretion of the Executive as well as ensures that the judicial appointments are not based on any political or practical considerations). The salaries of the Judges are charged on the Consolidated Fund of India.
- The retirement age of the Judges of the Supreme Court is 65 years while the age of the retirement of the Judges of the High Courts is 62 years.
- According to Article 124(7) of the Constitution, no person who has held office as a Judge of the Supreme Court shall plead or act in any Court or before any authority within the territory of India. While Article 220 of the Constitution provisions that no person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any Court or before any authority in India except the Supreme Court and the other High Courts.
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- According to Article 126 of the Indian Constitution, the Acting Chief Justice of the Supreme Court is appointed by the President of India. It is done if the post of Chief Justice is vacant or he is unable to discharge his duties.
- Collegium System for appointment of Judges was adopted by Supreme Court in 1993. The collegium System has it’s genesis in three of Supreme Courts Judgements Collectively known as the Three Judges Case.
- Under Article 127(1) of the Constitution, at any time if there should not be a quorum of the Judges of the Supreme Court available to hold or continue any Session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court only duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.
- The Supreme Court’s Collegium comprises the Chief Justice of India and 4 Senior Judges for recommendation appointee to the Supreme Court.
- There are minimum 5 Judges of the Supreme Court required for hearing any case involving interpretation of the Constitution. It is designated as Constitutional Bench.
- The largest bench (13 Judges) constituted by the Supreme Court till date was in the case of Keshavananda Bharti (1973). The second largest bench (11 Judges) constituted by the Supreme Court till date was in the Case of Golaknath vs. State of Punjab (1976).
- Article 131 of the Constitution of India deals with Original jurisdiction of the Supreme Court. According to this article Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dispute –
- between the Government of India and one or more States; or
- between the Government of India and any State or States on one side and one or more other States on the other; or
- Between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent or a legal right depends.
- Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, convent , engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, Continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.
- In the Case of Keshavananda Bharti vs. State of Kerala, (1973) a thirteen-Judges bench of the Indian Supreme Court, by a majority of 7:6, stated that the Parliament could only amend the Constitution to the extent that it did not “damage or destroy the basic structure of the Constitution” (under Article 368). Constitutional amendments are subject to judicial review; the Court essentially placed a substantive non-legislative check upon the Parliament’s power of amendment.
- The Supreme Court held the above concept in the Case of Golaknath Vs. the State of Punjab.
- Bella Banerjee Case is related to the West Bengal Land Development and Planning Act, 1948. Right to travel abroad as a part of personal liberty was considered in the case of Maneka Gandhi (1978).
- All the cases regarding the interpretation of the Constitution can be brought to the Supreme Court under its appellate Jurisdiction. The Appellate Jurisdiction of the Supreme Court can be divided into following heads-
- The Appellate Jurisdiction of the Supreme Court in appeals from High Courts of any judgement, decree or order passed by High Court in the territory of India whether in Civil, criminal or another proceeding, that involves a substantial question of law or interpretation of the Constitution.
- The Appellate Jurisdiction of Supreme Court in appeals from High Courts regarding civil matters (whether or not containing Constitutional questions) (Article-133).
- The Appellate Jurisdiction of Supreme Court regarding criminal matters (whether or not containing Constitutional questions) (Article – 134).
- The Special Leave appeal by the Supreme Court (Article- 136).
- The concept of Curative Petition was evolved by the Supreme Court of India in the case of Rupa Ashok Hurra Vs. Ashok Hurra, 2002 (4) SCC 388. According to the decision of the Supreme Court, the Curative Petition can be appealed in the Supreme Court under Article 142 of the Constitution.
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- Under Article, 137 Supreme Court has the power to review its judgement subject to the provision of any law made by Parliament or any rule made under Article 145 of the Indian Constitution.
- The Judicial Review means the power of the Judiciary to interpret the Constitution and to declare any such law or order of the Legislature and Executive void, if it finds it in conflict with the Constitution of India.
- The judicial review is the doctrine under which the Legislative and the Executive actions are subject to review by the Judiciary. Article 13 of the Constitution of India provides for Judicial review which is inspired by the Constitution of United States of America, while the Parliament is the supreme body in the United Kingdom and law made by its cannot be challenged in Court.
- Under Article 122 of the Constitution, the Courts have been prohibited from inquiring into proceedings of the Parliament.
- The Supreme Court has the final authority to interpret the Constitution. The Supreme Court has been declared as the Guardian or Custodian of the Constitution.
- A Constitution (Amendment) Act may be declared unconstitutional by the Supreme Court of India if it removes the Right of Equality before the law from Part III and Places it elsewhere in the Constitution because Article 13(2) states that the State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
- An Independent Judiciary, having the power of ‘Judiciary review’ is a prominent feature of Indian Constitution. The Constitution of India explicitly establishes the doctrine of Judicial review in several Articles, such as 13, 32, 131-136, 143, 226 and 246. In India, the concept of Judicial review is founded on the ‘rule of law which is the proud heritage of ancient Indian culture and traditions.
- The Supreme Court is the custodian or the Guardian of the Constitution of India. The Constitution of India is the supreme law of India. It is a living document. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of the Government institutions and sets out Fundamental Rights, Directive Principles and the Duties of Citizens.
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- Article 143 of the Constitution of India deals with ‘Power of President to Consult Supreme Court.’
- The jurisdiction of the Supreme Court of India can be enlarged by the Parliament by making a law. According to Article 138 of the Indian Constitution, the Parliament can enlarge the additional jurisdiction and the powers of the Supreme Court by making a law.
- Under Article 143 sub-clause (1), President can obtain the opinion of Supreme Court on the questions of law or fact which is of such nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court. He may refer the question to that Court for consideration. So under 143 (1), President of India can refer to the Supreme Court regarding the process of appointment and transfer of Judges in the Supreme Court and High Courts of India.
- According to Article 143, the President can take the advice of the Supreme Court on the following topics –
- Matter of fact or law related to public importance,
- Any former Constitutional treaty, agreement or on other equivalent subjects. In the first case the Supreme Court is not bound to give advice, but in the second case, the Supreme Court has to give its opinion. The full bench (of 5 members) of the Jurisdiction. The advice given by the Court is not binding on the Government.
- According to Article 138(1) of the Constitution, the Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
- Judicial Activism in India is related to Public Interest Litigation. Judicial Activism in India started in 1980s, on the initiative of the Supreme Court.
- The Supreme Court has denounced the CBI as a “Caged Parrot” in the case of Coal Gate allocation scam.
- Under Article 143(1) of the Indian Constitution, the Supreme Court of India act as an advisory body to the President of India who can ask for advice on any matter of law or fact of public importance.
- In August 2002, the then President Dr. Abdul Kalam sought advice of the Supreme Court Under Article 143 in connection with the controversy between the Election Commission and the Government on elections in Gujarat. The issues related to the limits on the powers of the Election Commission under Article 324, the impact of Article 174 on the Jurisdiction and powers of the Commissions and whether the Commission could recommend promulgation of the President’s rule in a State.
- A Larger Bench of seven Judges in the Keshavananda Bharti Case unequivocally declared that the power of judicial review over legislative action vested in the High Courts under Article 226 and in the Supreme Court under Article 32 of the Constitution is an integral and essential feature of the Constitution, consisting part of its basic structure. Article 227 defines; every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises Jurisdiction. These three articles were declared the inviolable basic structure of the constitution of India in Keshavananda Bharati Case.
- Article 32 of the Indian Constitution is the “Right to Constitutional Remedies” for the enforcement of rights conferred by Part III, i.e. Fundamental Rights. Supreme Court has the power to issue directions, order or writ to safeguard the fundamental Right.
- Article 124 of the Indian Constitution deals with the establishment and Constitution of Supreme Court.
- Article 124(3) of the Constitution prescribes that for appointment as a Judge of the Supreme Court a person must be –
- a citizen of India, and
- has been a Judge of any High Court for at least 5 years, or
- has been an advocate in a High Court for 10 years or is in the opinion of the President, a distinguish Jurist.
- Justice L. Nageshwara Rao is a serving Judge of the Supreme Court of India. He is the 7th person directly from the Bar to Supreme Court of India and was sworn in on 13th May, 2016.
- The Third Schedule of the Constitution of India contains the forms of the oaths or affirmations for Union and State Ministers, Members of Parliament, Members of State Legislatures, Judges of the Supreme Court and the High Courts, and the Comptroller and Auditor-General of India. There are 10 forms of oaths or affirmations included in the Third Schedule. The given form of oath is prescribed for Chief Justice of India and Comptroller and Auditor General of India.
- According to Article 139(A), the Supreme Court has the right to transfer any case anywhere in India. Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before High Court or the High Courts and dispose of all the cases itself.
- The Supreme Court of India on 13 July, 2005, by its judgement held Illegal Migrants (Determination by Tribunals) Act, 1983 as unconstitutional under Article 355 of the Constitution. A bench of three judges struck down the Act and observed that ‘the presence of such a large number of illegal migrants from Bangladesh is, in fact, an aggression on the State of Assam and causing a serious internal disturbance.
- According to Article 129 and Article 215 of the Constitution of India, the Supreme Court and the High Courts respectively, both are to be ‘Courts of Record’ and shall have all the powers of such a Court including the power to punish for contempt of itself.
- The Supreme Court shall sit in Delhi or such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint (Art. 130).
- Telecom Dispute Settlement and Appellate Tribunal was established in 2000 by making amendment in Telecom Regulatory Authority of India Act, 1997. The Primary objective of establishment of TDSAT is to release TRAI from the function of adjudication and settlement of disputes. The order made by TDSAT can be challenged in the Supreme Court of India.
- The concept of Public Interest Litigation (PIL) agrees with the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt Social Justice with the help of law. Before the 1980s, only the aggrieved party could approach the Courts for justice. After the Emergency era, the Supreme Court reached out to the people, devising a means for any person of the public (or an NGO) to approach the court seeking legal remedy in cases where the public interest is at stake. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer were among the first Judges to admit PILs in court. PIL can be filled both in High Courts and Supreme Court.
- Article 348(1) (a) is related to the language to be used in Supreme Court and High Courts for Acts, Bills, etc. It says that “All proceedings in the Supreme Court and every High Court shall be in English language.
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- The term “PIL” originated in the United States. Since the nineteenth century, various Movements in that country had contributed to Public Interest Law, which was part of the legal aid movement. The first legal aid office was established in New York in 1876.
- On 23 September 2003, Justice M.B. Shah of the Supreme Court of India glorified the status of women in Indian Society by an important Judgement. The Court held that the preference given to women for being appointed as a Principal of the Government College for Girls is not violative of Articles 14, 15 and 16 of the Constitution.
- The Supreme Court shall sit in Delhi or such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint (Art. 130).
- There was much debate in the Constituent Assembly regarding the subject of appointment or election of Governor in the States. Krishnamachari, B. G. Kher, J.B. Pant were in favour of election, while B.R. Ambedkar, Jawaharlal Nehru were in favour of nominated Governor. Finally with general consensus, the provision of nominated Governor was accepted and the original proposal for the provision of elected Governor was cancelled as –
- This would have increased election expenditure
- Nomination of governor would help avoiding clash of political ambition of the Chief Minister and the Governor as the election would have been fought on major issues, they would have pursued different policies.
- The Centre would not have effective control over the State otherwise.
- Governor of a state can act according to his discretion in following situations –
- To ask the Government to prove majority in the State Legislative Assembly
- To terminate a Chief Minister who has lost confidence of the Assembly.
- To provide or with hold assent to a Bill or reserve a Bill for the consideration of the President (Art. 200)
- To return a Bill to the Legislative Assembly for reconsideration (Proviso of article 200)
- Besides, the Governor uses his discretion while imposing President’s rule in the State and dissolving the State Legislature. The Governor however has not been authorized to consult the High Court.
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- Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special Provisions,” the State of Jammu and Kashmir has been accorded special status under Article 370. Prior to 1965, head of the Executive was elected by the Legislative Assembly of Jammu and Kashmir but by an amendment to the State Constitution, his dissimilarity was removed. The Executive head is now known as Governor in place of Sadar-e-Riyasat and is appointed by the President of India.
- Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State or in his absence, the senior most Judge of that Court available, an oath or affirmation in the prescribed form as provided in Article 159 of the Indian Constitution.
- The Governor is the Executive head of a State appointed by the President. According to Article 157, any person who is a citizen of India and has completed the age of 35 years shall be eligible for appointment as a Governor of a State. Citizenship by birth is not a requirement. According to Article 158, the Governor shall not be a member of either House. Thus it is not necessary that the Governor must have the eligibility to be a Member of Lok Sabha. The Seventh Amendment Act 1956 provided that a person is eligible to be appointed as Governor for two or more States.
- According to Article 156 (1) of the Constitution, a Governor of a State is an appointee of the President, and he or she holds office “during the pleasure of the President.” If a Governor continues to enjoy the “pleasure of the President.” he or she can hold the office for a term of five years. A Governor may be removed any time before completion of five-year, by the President on the advice of Council of Ministers, but the State Legislature has no such power.
- The Governor does not have the power to appoint the Judges of a State High Court. According to Article 217(1) Chief Justice of a High Court is appointed by the President after consultation with the Chief Justice of India and the Governor of the State, and in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the concerned High Court is also consulted. According to Article 171(3)(e), the Governor has the power to nominate some members in the Legislative council. Article 161 empowers the Governor to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
- According to Article 158(3)(A) of the Indian Constitution, when the same person is appointed as Governor of two or more State, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as President may by order determine.
- According to Article 356 of the Indian Constitution, the power is sent the by the Governor to the President that situation has arisen in which the Government of State cannot be carried on in accordance with the provisions of the constitution, the President may impose President Rule in that State. The making of a report by Governor to President is a discretionary power of the Governor.
- According to Article 200- When a Bill is passed by Legislature or by both House of Legislature, it shall be presented to Governor and the Governor shall either give assent to the Bill or withhold the assent or reserve the Bill for the consideration of the President. It is also discretionary power of the Governor. Whereas the appointment of Ministers are made by Governor on the advice of Chief Minister under Article 164(1) of the Constitution. Therefore, It is not the discretionary power of Governor and Article 166(3) of Indian Constitution provides that Governor shall make rule for more convenient transaction of Business of the State Legislature but not related to any business of Constitution on which Governor acts. So it is also not the discretionary power of Governor.
- Article 213 of the Constitution prescribes the power of Governor to promulgated Ordinance. It shall have the same force and effect as an Act of the Legislature of the State assented by the Governor, but every such Ordinance shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it, is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council.
- According to Article 155 of Indian Constitution, the Governor of state shall be appointed by the President. Article 154(1) says that Governor is the head of State Executive and Governor hold office during pleasure of President (Article 156(1) and hold office for normally 5 years (Article 156(2).
- The Governor of a State is appointed by the President by warrant under his hand and seal. He holds the office during the pleasure of the President. The President, Vice-President and the Chief Justice of India can be removed before the expiry of the term through impeachment. A President, Vice-President can be removed for violation of the Constitution of India.
- Article 156 deals with the term of office of Governor –
- The Governor shall hold office during the pleasure of the President.
- The Governor may, by writing under his hand addressed to the President, resign his office
- Subject to the foregoing provisions of this Article, a governor shall hold for a term of five years from the date on which he enters upon his office.
- Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
- Padmaja Naidu was the daughter of Sarojini Naidu. After independence, she became the first female Governor of West Bengal (1956-1967). While Chakravarti Rajagopalachari was the first Governor of West Bengal. It present, Shri Keshari Nath Tripathi is the Governor of West Bengal from 24 July, 2014.
- The National Women’s Day of India is observed every year on 13 February. This is observed on the birth date of India’s first woman Governor Sarojini Naidu. She was born on 13 February 1879 and died on 2 March 1949.
- Every Judge of a High Court is appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, by the Chief Justice of the High Court. While members of the Chief Justice of the High Court. While members of the Public Service Commission and the advocate General is appointed by the Governor on the advice of the Chief Minister.
- Sarojini Naidu was the first woman to become the Governor of a State in India. After Independence, she became the Governor of Uttar Pradesh and died in office in 1949. She became the first woman Governor of Uttar Pradesh.
- The first Governor who was dismissed from his office was Prabhudas Patwari, the Governor of Tamil Nadu. He was removed from his office in October, 1980. Raghukul Tilak was the first Governor of Rajasthan who was dismissed in August, 1981 from his office.
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The State Legislature
- According to Article 164, the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor. The Chief Minister and other Ministers are not selected by the Governor.
- According to Article 168, the Legislature of a State consists of Governor, Legislative Assembly, and Legislative Council. Currently, Andhra Pradesh, Bihar, Maharashtra, Karnataka, Telangana, Jammu-Kashmir and Uttar Pradesh have bi-cameral Legislature.
- The Money Bills are presented only in Legislative Assembly in States. Under Article 198(2), the Money Bill transmitted to Legislative Council for its recommendation shall be returned within 14 days and the Legislative Assembly may either accept or reject all or any recommendations of the Legislative Council.
- According to Article 168(2), where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly. In the case of two Houses, the Legislative Council would be the Upper House and the Legislative Assembly would be the Lower House.
- According to Article 207(1), a Bill or amendment making provision for any of the matters specified in sub-clause (a) to (f) of clause (1) of Article 199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council.
- According Article 197, if after a Bill has been passed by the Legislative Assembly of a State it shall be transmitted to the Legislative Council if state has a Legislative Council. The Legislative Council can with hold the Bill for 3 months without the Bill being passed by it. And, if after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council, it can lay up to 1 month. So in total Legislative Council can detain the ordinary Bill up to 4 months.
- According to Article 169(1), the Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
- Article 170(1) of the Indian Constitution provides that subject to the provisions of Article 333, the Legislative Assembly of each shall consist of not more than 500 and not less than 60 members. Article 171(1) of the Constitution provide that total member of the Legislative Council shall not exceed 1/3rd of the total number of member in Legislative Assembly of state, but shall in no case be less than 40. Article 182 of the Constitution provides that the Chairman and Deputy Chairman of Legislative Council shall be chosen by Legislative Council of the State.
- In Uttar Pradesh Legislative Council, one-sixth of the total members are nominated by the Governor from amongst persons having special knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social service.
- The State Legislative Councils cannot be dissolved but abolished (Article 169). Rajya Sabha can neither be dissolved nor be abolished. Lok Sabha and State Legislative Assemblies cannot be abolished but can be dissolved.
- At present only 7 States have bicameral Legislature, namely
- Uttar Pradesh
- Jammu and Kashmir
- Andhra Pradesh
- The Legislative Council like the Council of States is a permanent chamber, not subject to dissolution. The members are elected for six years and like Rajya Sabha one-third of members retire every second year. The Legislative Council elects its Chairman and Deputy Chairman from amongst its members. About one-sixth of the members are nominated by the Governor from amongst persons possessing special knowledge and experience in the field of Art, Science, Literature, Social –Service and Cooperative Movement. One-third of the members of this House are elected by the Legislative Assembly from amongst persons who are not the member of Legislative Assembly”. One-third of its members “are elected by the local bodies like Municipalities or District Boards or any other local authority as specified by the law of the Parliament. One-twelfth of the members are elected by Graduates of at least three years standing to reside in that state. One –twelfth of the members are in that state. One-twelfth of the members are elected by members of secondary schools having at least three years teaching experience.
- According to Article 170(1), subject to the provisions of Article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty members chosen by direct election from territorial constituencies in the State. Article 176 is related to special address by the Governor and Article 178 provisions for the Speaker and Deputy Speaker of the Legislative Assembly.
- According to Article 324, the Election Commission of India conducts the elections of State Assemblies.
- According to Article 192 of Indian Constitution, if any question arises as to disqualification of Member mentioned in clause (1) of Art. 191, the question shall be final but before giving any decision on any such question, the Governor shall obtain the opinion of Election Commission and shall act according to such opinion.
- According to Article 173(b), not less than 25 years of age is required for the membership of Legislative Assembly, while the minimum age limit for Legislative Council is 30 years.
- According to Article 179(b), if the Speaker of Legislative Assembly of a State wants to resign, he/she will give his resignation to the Deputy Speaker of that State’s Legislative Assembly.
- According to Article 164(a), a Minister can continue for any period of six consecutive months without being elected to Legislature of the State and shall, at the expiration of that period cease to be a Minister.
- According to Article 164(5), the salaries and allowances of the Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.
- According to Article 174(2), the Governor of that State prorogues the Vidhan Sabha.
- After the Ayodhya incident in 1992, the Vidhan Sabha (State Legislature) Under the B.J.P. ruled states like U.P., M.P., Himachal Pradesh, Rajasthan were dissolved, but the state of Bihar was not dissolved, Bihar came under President rule in 1995 after 1980.
- The Government of Andhra Pradesh provided reservation to Muslims in jobs and education in 2004 which was cancelled by the Andhra Pradesh High Court. Later in 2007, the Government of Andhra Pradesh limited the reservation for Muslims to 4 percent in consonance with 50% limit, but it was again cancelled by the High Court. Never the less, Supreme Court through its interim decision accepted the reservation made by the Andhra Pradesh Government. But the final decision is still awaited as the matter is pending before Constitutional Bench of the Supreme Court.
- Goa in the only State of India to have the Common Civil Code. Goa Civil Code is based on Portuguese Civil Code (Codigo Civil Portugues) of 1867 which had Legislative Councils. At present seven states (Andhra Pradesh and Telangana also) have Legislative Councils.
- The accounts of the State along with that of the Union are controlled by the comptroller and Auditor General.
- The State’s Contingency Fund is operated by State Legislature.
- Sucheta Kripalni was the first women to become the Chief Minister of any state of the Indian Republic. She became the Chief Minister of U.P. in 1963.
- The Tenure of the Chief Minister of Jammu and Kashmir in 6 The leader of the majority party becomes the Chief Minister and bears the office till he has the majority. So, the tenure is a way is not fixed but it is deemed to be the tenure of the Legislative Assembly which in case of Jammu and Kashmir is 6 years.
- According to Article 163 of the Constitution of India, there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except in so for as he is by or under this Constitution required to exercise his functions or any them in his discretion.
- According to Article 167, duties of the Chief Minister of each State is to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation; to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and if the Governor so requires, to submit for the consideration of the Council of Ministers. The Participation of Chief Minister in NDC’s meetings is h is administrative duty, not a Constitution duty.
- According to the 6th Amendment in the Constitution of State of Jammu and Kashmir, the nomenclature of the Executive Head of the Governor of Jammu and Kashmir was changed from ‘Sadar-e-Riyasat’ to ‘Governor’ in 1965.
- The State Legislative Assembly can participate in the election of the President of India, Members of Rajya Sabha and the Members of the Legislative Council. But cannot participate in the election of the Vice President of India.
- The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled “the Contingency Fund of the State” into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor of the State to enable advances to be made by him out of such fund for meeting unforeseen expenditure pending authorization of such expenditure by the Legislature of the State by law under Article 205 or Article 206 of the Indian Constitution.
The High Court
- According to Article 217 (1), every Judge of a High Court shall be appointed by the President by warrant under his hand and seal.
- According to Article 202(3) (d), the salaries and allowances of the Judges of a High Court are charged to the Consolidated Fund of the State, but according to Article 112(3)(d), they get their pension from the Consolidated Fund of India.
- The total number of High Courts is 24 in India. Among these six have the jurisdiction over more than one State. Union Territory Delhi has its own high Court.
- The retirement age of a Judge of High Court is 62 years. It has been fixed under Article 217(1) by the 15th Constitutional Amendment 1963. Prior to that it was 60 years. 114th Amendment Bill for increasing the retirement age of a High Court Judge from 62 to 65 years in under consideration before Parliament.
- Presently there are 24 High Courts in the county. High Courts are instituted as Constitutional Courts under Part VI, Chapter V, Article 214 of the Indian Constitution. National Capital Territory of Delhi has a High Courts of its own (established in 1966). It is the only Union Territory to have a separate High Court. While Punjab, Haryana and the Union Territory of Chandigarh have a common High Court.
- The Chief Justice of a High Court acts in dual capacity, i.e. judicial and administrative. In administrative capacity, the Chief Justice of a High Court is subject to the Writ Jurisdiction of any other judge of High Court. He controls observes, superintendents and administrates the Lower Courts.
- The power to issue writs is given to Supreme Court under Article 32 and High Court under Article 226 to issue a writ of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. The power of Supreme Courts to issue writs is limited to Part III of the Constitution, but the High Court has right to issue writs for enforcement of any of the rights conferred by Part III and for any other purpose (Legal Rights).
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- Kolkata High Court has the territorial Jurisdiction over the Andaman and Nicobar Islands while Chandigarh comes under the Jurisdiction of Punjab and Haryana High Court. Delhi has its own High Court while Puducherry come under the Jurisdiction of Chennai High Court and Lakshadweep come under the Jurisdiction of Kerala High Court.
- Mumbai High Court has its Jurisdiction over more than one State or Union Territories. It has Jurisdiction over the States of Maharashtra and Goa, and Union Territory of Daman and Diu and Dadra and Nagar Haveli.
- Habeas Corpus – Let us have the body
- Mandamus – We command
- Prohibition – Writ to subordinate courts
- Certiorari – Be more fully informed
- Quo-Warranto – By which authority
- Sri Rajeev Gupta became the Chief Justice of Chhattisgarh High Court on 2 February, 2008. He was Chief Justice of Uttrakhand High Court before becoming the Chief Justice of Chhattisgarh High Court.
- Allahabad High Court decided in the case of Rahmatullah Vs State of UP 1994 that the divorce by saying Talaq for 3 times is illegal.
- In January 2013, the Indian Government established three new High Courts i.e. (Meghalaya, Manipur and Tripura) i n the North-Eastern States). These High Courts started working from March 2013.
- Excluding the Union Territories, there are four High Court having Jurisdiction over more than one State. They are –
Guahati High Court – Arunachal Pradesh, Assam, Nagaland and Mizoram
Mumbai High Court – Maharashtra and Goa
Punjab and Haryana High Court – Punjab and Haryana
Telangana and Andhra Pradesh High Court – Andhra Pradesh and Telangana
- Matters regarding the protection of Fundamental Rights come under the common Jurisdiction of the Supreme Court and High Courts. The Supreme Court (under Article 32) and High Courts (under Article 226) have the power to issue a writ for the enforcement of any of the rights conferred by Part III (Fundamental Rights) of the Constitution of India.
- A writ of Mandamus (which means “we command” in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law. It is “issued by a superior court to compel a lower court or a Government officer to perform mandatory or purely ministerial duties correctly.
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- According to Article 236(a), the expression district Judge includes Judge of a city civil Court, additional district Judge, joint district Judge, assistant district Judge, chief Judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions Judge, additional sessions Judge and assistant sessions Judge. The district Judge shall not include the Tribunal Judge.
- Former Judge of Calcutta High Court, Justice Soumitra Sen was charged for misappropriation of funds. So motion of impeachment was passed against him in Rajya Sabha in 2011. It was also presented in Lok Sabha on 5th September, 2011 but he resigned from his post on 1st September 2011.
- The Chairman of 8th Law Commission of India, Justice H.R. Khanna in 80th report of the commission recommended that at least one-third Judges of the High Court should be from other States (“The Method of Appointment of Judge’s).
- The most important factor to be considered while deciding the cases at Lok Adalat is the consent of both the parties. It cannot be forced on any party that the matter has to be decided by the Lok Adalat. However, once the parties agree that the matter has to be decided by the Lok Adalat, then any party cannot walk away from the decision of the Lok Adalat. The Lok Adalat is presided over by a sitting or retired judicial officer as the Chairman, with two other members, usually a lawyer and a social worker. Experience reveals that in Lok Adalats it is easier to settle money claims since in most of such cases the quantum alone may be in dispute. Sometimes it also considers criminal offences.
- The term District Judge is mentioned in Article 233 f the Indian Constitution which deals with the appointment of District Judges.
- According to section 11 of Gram Nyayalayas Act, 2008 the Gram Nyayalaya shall exercise both civil and criminal Jurisdiction in the manner and to the extent provided under this Act. While According to Section 27, the district Court shall in consultation with district Magistrate prepare a panel consisting of the names of social workers at the village level.
The Centre-State Relation
- According to Article 270 of the Indian Constitution, Taxes on income other than agricultural income are levied and collected by the government of India and distributed between the Union and the States.
- Part XI and Part XII of the Indian Constitution deal with the relation between the Union and States. In India, the planning process is done by the Union, so it is seen that in the case of different political party governments at Centre and State there is a conflict of interest and there is a desire to dominate which ultimately hampers the growth of the country.
- The Center-State relations in India are dependent upon all the factors i.e. Constitutional provisions, Conventions and Practice, Judicial interpretations and Mechanism for dialogue.
- The financial relations between Union Government and States is provided under Article 268 to Article 281 of the Indian Constitution. These articles consist of provisions for Duties and Taxes levied by the Union; Grant-in-aid, constitution and Function of the Finance commission etc.
- According to Article 249(2), a law made by the Parliament after a resolution passed under Article 249(1) by Council of State shall remain in force such period not exceeding one year.
- According to Article 246 of the Indian Constitution, all the provisions regarding relations between Centre and States lies in the 7th Schedule of the Indian Constitution.
- Article 245 describes the extent of laws made by Parliament and by the Legislatures of States. According to Article 246(1)- Parliament has exclusive power to make laws with respect to any of the matters enumerated in List-I (Union List) in the Seventh Schedule. As per Article 246(2), Legislature of any State also, has the power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedules and according to Article 246(3), Parliament has the power to make laws with respect to any matter for any part of the territory of India not included (in a State) notwithstanding that such matter is a matter enumerated in the State List.
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- Article 249 of the Indian Constitution is related to the legislative powers of the Parliament with respect to matters in the State List in the national interest. This Article empowers the Parliament to make laws with respect to any matter enumerated in the State List.
- The legislative relations between Centre and States are given in Part XI of the Indian Constitution under Article 245-255. Legislative subjects have been distributed among the three lists of the seventh schedule – Union List (97 subjects), State List (66 subjects) and concurrent List (47 subjects).
- According to Article 248 of the Indian Constitution, all the residuary legislative powers have been provided to the Parliament although, these are often provided to States in other federal set up in the case of the U.S.A.
- The zonal councils have been set up under the state reorganization Act, 1956 to advise on matters of common interest to each of the five zones into which the territory of India has been divided. Zonal councils are not constitutional bodies rather they are statutory bodies rather they are statutory bodies. Originally five zonal Councils were formed as per the status Reorganisation Act, 1956. Presently the number of zonal councils is six-
They are –
Northern Zonal Council
Central Zonal Council
Eastern Zonal Council
Western Zonal Council
Sourthern Zonal Council
North Eastern Zonal Council
- Chandigarh, although not a state, is included in zonal council. Similarly Delhi, Dadra & Nagar Haveli, Daman & Diu and Puducherry also have been included in the zonal councils.
- River Boards Act was enacted and came into force in 1956.
- Parliament Act-1956 formed 5 regional Councils namely – North, South, Central, East and West. Sixth Regional Council North East was formed in 1971. Home Minister is the Chairman of every Council.
- The Inter-state council was established under Article 263 of the constitution of India through a Parliament order dated 28th May, 1990. The council consists of –
Prime Minister – Chairman
Chief Minister of all states – Members
Chief Ministers of Union – Territories having a Legislative Assembly and Administrators of UTs not having a Legislative Assembly – Members
Six ministers of Cabinet rank in the Union council of Minister to be nominated by the Prime Ministers – Members.
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- Article 265 of the Constitution lays down that no tax shall be levied or collected except by the authority of law. Article 266 provisions for the Consolidated Funds and Public Accounts of India and the States, Article 300 deals with suits and proceedings and Article 368 is related to the procedure of Constitutional Amendments.
- To consider the relationship between Union and State and to give suggestion to strengthen it, a commission was formed under the Chairmanship of Justice R.S. Sarkaria on 9 June, 1983 B. Shivaraman and S.R. Sen were the two members of this Commission. This Commission submitted its report in January 1988.
- The Sarkaria Commission was established in 1983 to consider and give recommendations on Centre-State relations. In its recommendation, the Commission suggested that exercise o f President Rule must be in rare or exceptional cases. Commission has expressed its view that Article 356 has been misused several times. Often, the declaration of President’s Rule has been made without considering other provision.
- Indrajit Gupta Committee was established in 1998 to recommend on state funding of elections, while other three committees were related to Union-State relation in India. The Gupta Committee recommended that State funds should be given to only National and State Parties allotted a symbol and not to independent candidates. The commission also suggested that the fund should be given in the form of certain facilities.
- According to Article 293(1), the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits. So it is obvious under the Constitution of India of the State cannot obtain foreign loans directly. The foreign loan can be obtained (on the guarantee of Government of India) by the States through Union Government.
- In Article 274 of the Constitution, the provision is stipulated for taxation of agricultural income in which the State is interested.
- Article 270 deals with the taxes or duties which are levied and collected by the Union but proceeds thereof are divided between Union and State. In the given options tax on income other than agricultural is one such tax.
- Article 352 – If the President is satisfied that a grave emergency exists, whereby the security of India or any part of the Territory thereof is threatened, whether by war or external aggression or armed rebellion, then the President may by Proclamation make a declaration of
- Article 355 – It shall be the duty of the Union to protect States against external aggression and internal disturbance.
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- Article 356 – If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, then the President may declare the State under the President’s Rule.
- Article 360 – If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of the Territory thereof is threatened, he may by a Proclamation make a declaration of Financial Emergency.
- According to Article 359 of the Indian Constitution, the President of India can suspend the enforcement of the Rights conferred by Part III (Fundamental Rights) except Article 20 and 21. The President may by order declare the rights conferred by Part III (Except 20 &21) and right to move any court for the enforcement of the rights shall remain suspended. Whereas Under Article 358 after 44th Amendment, Article 19 shall be suspended, if any part of the territory is threatened by war or external aggression.
- A proclamation issued under Article-352 shall be laid before each House of the Parliament and shall cease to operate at the expiration of one month before the expiration of said period it has been approved by resolution of both Houses of Parliament.
- In the case of S.R. Bommai Vs. Union of India, 1994, the Supreme Court held that judicial review can be done of the Proclamation of Emergency under Article 356 and the State Legislative Assembly cannot be dissolved with Proclamation until it is approved of by both Houses of the Parliament within two months. The Court further determined that the failure of the Constitutional machinery should be in real not facilities.
- M. Nambiar while opposing provisions related to the President’s Rule in the States mentioned that the “Emergency power of the President is a fraud with the Constitution”.
- Through the 44th Amendment Act, 1978, the duration of a Proclaimation made under Article 356 was limited to a period of one year unless a Proclaimation of Emergency under Article 352 is in operation and the Election Commission certifies that it is not possible to hold elections to the Legislative Assembly of the State concerned immediately, in which case, it may be extended up to three years by successive resolutions for continuance being passed by both Houses of Parliament.
- There are three types of Emergencies envisaged under the Indian Constitution –
- National Emergency under the Article 352.
- State Emergency declared on failure of Constitutional machinery in a State under Article 356;
- Financial emergency under Article 360.
- The Financial Emergency (Under Article 360) has never been declared in India so far.
- According to proviso of Article 172(1), while a Proclaimation of Emergency is in operation, the duration of a state Legislative Assembly may be extended by the Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclaimation has ceased to operate.
The Finance Commission
- Article 280 of the Constitution provides for the formation of the Finance Commission after the expiration of every fifth year or at such earlier time as President considers necessary. Its main function is to submit recommendations to the President regarding the allocation of net proceeds of taxes between the Union and the States and the method of distribution among the States. It may be mentioned that the first Finance Commission was set up on November 22, 1951, in the Chairmanship of K .C. Niyogi. The Committee had submitted its recommendations in 1953.
- The Finance Commission recommends the principle governing the grant-in-aid of the revenues to states out of Consolidated Fund of India. The Commission submits its report to the President.
- The function of the Finance Commission is to recommend the distribution of the net proceeds of taxes between the Union and the States; Inter-State Council is established for coordination and cooperation among states, and the main function of the Planning Commission is to allocate resources between the Centre and the States. The Planning Commission has been replaced by ‘Niti Aayog’ (National Institution For Transforming India)
- Seventh Schedule of the Constitution is for distribution of powers between the Union and the States. There are 3 lists under this –
- Union List
- State List
- Concurrent List
- According to Article 280(3) of the Constitution, the main functions of the Finance Commission is –
- To recommend the distribution of the net proceeds of taxes between the Union and the States.
- To determine the principles which should govern the grants in aid of the revenues to the States out of the Consolidated Fund of India
- To suggest the necessary measures to increase the Consolidated Fund of the State for the development of Panchayats in the state on the basis of recommendation made by finance commission.
- Any other matter referred to the Commission by the President in the interest of the sound financial administration.
It is the function of the Parliament to allow to withdraw from the Consolidated Fund of India. It is the task of the finance Ministry to oversee whether the Union Government and the State Governments are collecting taxes according to the provisions of the budget or not.
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- Under Article 280(3) of the Constitution, the Finance Commission of India gives its suggestion in following cases:
- Distribution of receipts of federal taxes between the Union and the States;
- Under Article 275 aid in the revenue of the States; and
- Any further topic about which the President will recommend to the Commission.
- Apart from above matter 13th Finance Commission (2010-15) recommended Goods and Services Tax, Financial Management for relief expenditure. On 2nd January 2013 President ordered to constitute the 14th Finance Commission whose tenure will be form 1st April 2015 to 31st March 2020. The Chairman of the Commission is Y.V. Reddy. 13th Finance Commission recommended to increase the share of state from 32% to 42% in the tax of the Union.
- Income Tax is levied and distributed between the Union and the States under Article 270 and Central Excise Tax is divided under Article 272 on the recommendation of the Finance Commission. The Finance Commission also determines the grant-in-aids to the States under Article 275, but the Trade Tax is imposed and collected by the States whose distribution is not the subject of the Finance Commission’s functions.
- According to Article 243(I) of the Constitution, the Governor of a State shall, as-soon as may, be within one year from the commencement of the Constitution (Seventy-Third Amendment) Act, 1992 and thereafter at the expiration of every fifth year, Constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor. Thus, the State Finance Commission is a Constitutional body. Article 280(3) (bb) of the Constitution lays down the Finance Commission to make its recommendations with respect to the Panchayats and Municipalities “on the basis of the recommendations made by the Finance Commission of the ”
- The provisions under Article 268 to 279 relating to the distribution of taxes between the union and the States, can be, suspended by the Parliament’s order at the time of National emergency subject to specific modification as required by the order as provided in Article 354 (1) of the Constitution of India.
- Till now 14 Finance Commissions has been formed. The 14th Finance Commission was formed in January 2013 under the Chairmanship of Y.V. Reddy.
- Article 280 of the Constitution of India makes provision for the formation of the Finance Commission after the expiration of every 5 years. Till Now 14 Finance Commissions have been constituted. The recommendations made by 12th Finance Commission was for the period of 2005 to 2010. Dr. C. Rangarajan, former Governor of the Reserve Bank, was the Chairman of this Commission. Finance Commission consists of 4 members other than the chairman appointed by the President of India. 13th Finance Commission was set up in the chairmanship of Vijay Kelkar who submitted its report in 2010. Dr. Y.V. Reddy was the Chairman of the 14th Financial Commission (2015-2020). He submitted the commissions report on 15 December, 2014. The President causes every recommendation of Finance Commission to be laid before each House of the Parliament.
- Under Article 208(1) of the Constitution, the Finance Commission consists of 4 members other than the Chairman appointed by the President of India.
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The Planning Commission
- The Planning Commission was set up in March 1950 by the first Prime Minister Jawaharlal Nehru to optimize scarce resources in newly-born Nation, Prime Minister Narendra Modi announced on August 25, 2014 from the Red Fort to abolish old Planning Commission. In accordance with a key announcement made by Prime Minister Narendra Modi on Independence Day, the Union Government established NITI Aayog (National Institution for Transforming India), as a replacement for the Planning Commission on January 1, 2015. NITI Aayog will seek to provide a critical directional and strategic input into the developmental process.
- The Planning Commission was a non-Constitutional institution. It is not mentioned in the Constitution. The Commission was formed by a resolution of the Cabinet on March 15, 1950. Prime Minister used to be the Chairman of this Commission. Its main function was to prepare a 5 year plan for the Union and to give suggestions on annual plans of the States. Almost 70 percent grants to the States by Centre were given on the recommendation of the Commission NITI Aayog has replaced the Planning Commission. It is also an extra-constitutional body. It has been formed by a resolution of the Cabinet on 1 January, 2015.
- The suggestion for merging Planning Commission and Finance Commission was given by M.V. Mathur. Sri M.V. Mathur was one of the members of the 3rd Finance Commission which was formed in 1960.
- The Union Public Service Commission and the Public Service Commissions for States under Article 315 and Finance Commission under Article 280 have been provided in the Constitution of India while Planning Commission has not been mentioned in the Constitution. The Planning Commission is an extra-Constitutional body and was established in 1950 by executive order.
- The Planning Commission was established on March 15, 1950 by a resolution of the Union Cabinet to make planning effective in India. Pt. Jawaharlal Nehru was the first Chairman of the Planning Commission as the Prime Minister used to be the ex-officio Chairman of this Commission.
- The National Development Council (NDC) is the apex body for decision making and deliberation on development matters in India. It is presided over by Prime Minister. It is comprised of Prime Minister as the Chairman of the Commission, Deputy Chairman of the Planning Commission, Chief Ministers, Cabinet Ministers and the Members of the Planning Commission.
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- Chidambaram was never the Deputy Chairman of the Planning Commission, while Dr. Manmohan Singh (1985-1987), Pranab Mukherjee (1991-1996), Montek Singh Ahluwalia (2004-2014) have served as the Deputy Chairman of Planning Commission.
- The Deputy Chairman of the Planning Commission is equivalent to a Cabinet Minister of Indian Government. Gulzarilal Nanda was the first Deputy Chairman of the Planning Commission.
- The National Development Council (NDC) was set up on 6 August, 1952 by an executive order of the Government. Its main functions are:
- To prescribe guidelines for the formulation of the National Plan, including the assessment of resources for the plan;
- To consider the National Plan as formulated by the Planning Commission;
- To consider important of social and economic policy affecting National development;
- Te review the working of the Plan from time to time and to recommend such measures that are necessary for achieving the aims and targets set out in the National Plan. Planning Commission suggests ways for allocation of money to National Plan not the National Development Council.
- The National Development Council was established in August, 1952. It consists of the following members –
- Prime Minister as its Chairman
- Ministers of the Union Cabinet
- Chief Ministers of all the states
- Chief Minister/Administrators of the Union Territories
- Members of the Planning Commission
- To ensure the participation of States in the formation of five-year plans, the National Development Council (NDC) was set up on 6 August, 1952 by an executive order of the Government Prime Minister is the Chairman of the National Development Council and all the Chief Ministers of the States are its member. The Secretary of the Planning Commission is also the Ex-officio Secretary of the National Development Council. NDC finally approves five years plans. NDC acts as a coordinator between the planning commission and State Governments.
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Lokpal and Important Commission
- The establishment of Lokpal and Lokayukta in India was recommended by the first Administrative Reforms Commission. This Commission was set up on January 5, 1966 in the Chairmanship of Morarji Desai. Later in 1967, K. Hanumanthaiah was appointed as its Chairman. The term of the Commission ended in 1970.
- The first Lokpal Bill was presented in 1968 during the fourth Lok Sabha whereas it was passed in 1969, but before it could be passed by Rajya Sabha, the Lok Sabha was dissolved, and the bill
- The Second Administrative Reforms Commission has recommendation that appointment of Judges to Higher Courts should be through the participation of the Executive, Legislature, and Chief Justice of India.
- The Indian model of Ombudsman is Lokpal. Ombudsman was first established in 1809 as an independent supervisory agency in Sweden.
- The Lokpal Bill was introduced on 4 August, 2011 in Lok Sabha by the then Minister of Parliamentary Affairs, V. Narayanasami and after it was sent to Standing Committee of Parliament of Public Grievance, law and Justice. It has been termed ‘weak’ by Civil Society members.
- In 1971, the first Lokayukta was established in Maharashtra. Many States o f India have established Lokayukta –
Uttar Pradesh (1975)
Madhya Pradesh (1981)
Andhra Pradesh (1983)
- Odisha was the first State to pass the legislation related to Lakayukta, but this institution did not come into existence till 1983. Also Odisha was the first State that abolished the Lokayukta in 1993.
- Uttar Pradesh Lokayukta Act, 1975 the Lokayukta submits its report to the Governor which is presented in both the Houses of the State Legislature.
- Uttrakhand Passed the Lokayukta Bill on 1 November, 2011.
- There were five members included from the civil soceity for drafting the Lokpal Bill- Anna Hazare, Arvind Kejariwal, Shanti Bhushan, N. Santosh Hegde and Prashant Bhushan.
- The President of India promulgated the Protection of Human Rights Ordinance, 1993 under Article 123 of the Indian Constitution on 28th September, 1993 to provide for the Constitution of a National Human Rights Commission, State Human Rights Commission in State and Human Right Courts.
- Section 2(c) of National Commission for Minorities Act, 1992 notified Muslim, Sikh, Christian, Buddhists, Zoroastrians (Parsis) and Jains as Minorities communities. The National Commission for Minorities was given statutory status in 1993 which was established in 1978. Jains were notified as Minority community on 27th January 2014.
- Section 4 of the Protection of Human Rights Act, 1993 lays down that the Chairperson and the members of the Commission are appointed by the President of India, on the recommendations of a Committee consisting of: The Prime Minister, the Speaker of the House of the People, Minister-in-charge of the Ministry of Home Affairs in the Government of India, leader of the Opposition in the House of the People, leader of the Opposition in the council of States and Deputy Chairman of the Council of States. Chairman of the Council of States is not a member of National Human Rights Commission.
- Vohra Committee was formed in 1993 to study the problem of criminalisation of politics and the nexus among criminals, politician, and bureaucrats in India.
- The main objectives of the Protection of Human Rights Act, 1993 is to provide for the constitution of the National and State Human Rights Commissions and Human Rights Courts for better protection of Human Rights and matters connected in addition to that or incidental to it.
- The Rajamannar Commission had recommended ending the Indian Administrative Services and Indian Police Services.
- According to Section 3(2) of Protection of Human Rights Act, 1993 the National Human Rights Commission (NHRC) is to be headed by former Chief Justice of India and, According to Section 6(1) of Protection of Human Rights Act, the Chairman of NHRC hold the office for 5 years or till he attain age of 70 years, whichever is earlier.
- Section 2(M) of Human Rights Protection Act, 1993 defines ‘Public Servant’. It shall have the same meaning assigned to the term under Section 21 of Indian Penal Code.
- A person appointed as the Chairperson of National Human Rights Commission holds office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, which-ever is earlier. Notably, only an ex-Chief Justice of the Supreme Court can be appointed as the Chairperson.
- Roze Millan Bethew was the first woman Chairman of Union Public Service Commission who served in this post from 1992 to 1996.
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- State Human Rights Commission’s Chairman is appointed by Governor. Governor makes these appointments on the recommendation of a Committee comprising of Chief Minister (Chairman) Speaker of Legislative Assembly, State Home Minister and opposition leader of Legislative Assembly (Members).
- Human Rights Commission is a non-constitutional body which was established by human Rights Protection Act, 1993. Other three institutions are mentioned in the Constitution (Finance Commission of a State- Article 243(I), Lok Sabha Secretariat- Article 98, Finance Commission of Union-Article 280).
- State Election Commission and the State Election Commissioner under Article 243(K), State Finance Commission under 243(I) and District Panchayat under Article 243(B) are Constitutional Authorities while State Electoral Officer or Chief-Electoral Officer are not Constitutional Authorities.
- The National Commission to review the working of the Constitution was set up by the NDA government on 22 February, 2000 under the Chairmanship of Justice Venkatachaliah which was not approved by Parliament. The function of this Commission was to review the implementation of the Constitution in last 50 years and to evaluate its effectiveness at present. The last report by the Commission was submitted on March 31, 2002.
- Central Information Commissioner is appointed for a term of 5 years from the date on which he enters upon his office or till he attains the age of 65 years whichever is earlier.
- The Mandal Commission was constituted in India in 1979 by the Janta Party Government under former Prime Minister Morarji Desari backward persons.” It was headed by an Indian Parliamentarian Bindheshwari Prasad Mandal.
- In 1979, the Janta Party Government constituted Mandal Commission presided over by Bindheshwari Prasad Mandal (B.P. Mandal). The Commission submitted its respect i n 1980.
- In 1990, the National Commission on Scheduled Castes and Scheduled Tribes reported that the main causes of ‘atrocities’ were land disputes, alienation of lands, bonded labour, indebtedness and non-payment of minimum wages. But religious causes are not the cause of atrocity on Schedule Caste and Schedule Tribe.
- According to Article 316, the appointment of Chairman and other Members of the Union Public Service Commission, is done by the President and if it is a State Commission, then it will be appointed by the Governor of the State.
- According 316(1), the Chairman and other members of Public Service Commission shall be appointed in case of Union Commission or Joint Commission by the President of India and in case of State Commission by Governor of State.
- Article 315(4) lays down that the Public Service Commission for the Union, if requested so to do by the Governor of a State, may with the approval of the President, agree to serve all or any of the needs of the State.
- According to Article 317 of the Constitution, the Chairman or any other Member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misconduct after the Supreme Court, on reference being made to it by the President, has an inquiry held in accordance with the procedure prescribed in that behalf under Article 145, reported that the Chairman or such other Member, as the case may be, ought on any such ground to be removed.
- According to the Indian Constitution, the Union Public Service Commission and the Public Service Commission of State are free from each other for their work. Under Article 315, the provision has been made for Public Service Commissions in the States. Two or more than two States may agree that there shall be one Public Service Commission for that group of the States.
- Article 323 of the Constitution of India provides that it shall be the duty of the Union Public Service Commission to give the report to the President about the Commission’s work every year and the President shall cause a copy thereof together with a memorandum explaining, as respects the case if any, where the advice of the commission was not accepted, the reason for such non acceptance to be laid before each House of Parliament.
- Under the Government of India Act, 1919 the first Public Service Commission was set up on October 1st, 1926 consisting a Chairman and four Members. It was name Federal Public Service Commission, under the Government of India Act, 1935.
- According to Article 322 of the Constitution, the expenses of Union Public Service Commission and expenses of State Public Service Commission is charged on Consolidated Fund of India and Consolidated Fund of the State respectively.
- Under Article 320, the function the State Public Service Commission does not contain transfer of civil servants. Therefore, the State Public Service Commission is not consulted on the matter of transferring Civil Servants.
Temporary Special Provisions
- Article 371 to 371 (1) of the Indian Constitution deal with special provisions in relation to States o f Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa.
- There is one Constitution for all the Indian States and the Centre, but the State of Jammu and Kashmir is an exception to this, because there are certain temporary provisions with respect to the State of Jammu and Kashmir under Article 370. This State has its separate Constitution.
- According to temporary, transitional and special provisions, of Part XXI of the Indian Constitution special provisions have been made for the tribal areas in Assam under Article 371-B.
- Article 371 of the Constitution makes special provisions for the States of Maharashtra and Gujarat.
- Article 1 and Article 370 of the Indian Constitution apply on their own to the State of Jammu and Kashmir.
- The Constituent Assembly of Jammu and Kashmir abolished the hereditary rule of Maharaja and elected Karn Singh as the First Sadr-e-Riyasat of Jammu and Kashmir in 1951. Later, the name ‘Sadr-e-Riyasat’ was renamed as ‘Governor’ by Sixth Amendment Act, 1965 of the Constitution of Jammu and Kashmir.
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- The powers, salaries, allowances of Chief Election Commissioner and other Election Commissioners are equal; they are entitled to the same salary as is provided to a Judge of the Supreme The term of the Chief Election Commissioner is 6 years or to the age of 65 years (whichever is earlier) and they may be removed in the same manner as provided for the Judges of the Supreme Court.
- According to mha.nic.in/Hindi/top Table of precedence, Chief Justice of India and Speaker of Lok Sabha is at Rank 6th, Governor of a State is at Rank 4th, Speaker of Legislative Assembly of State is Rank 16th. The Status of Chief Election Commissioner of India is ranked at 9(A) with Chairperson of Union Public Service Commission and Auditor General of India.
- The Chief Election Commissioner may be removed in the same manner which is prescribed for the removal of Judges of the Supreme Court under Article 124(4). A Judge of the Supreme Court shall not be removed from this office except by an order of the President passed after the resolution by each House of the Parliament supported by a majority of the total membership of that House and by a majority of not less than 2/3 of the members of that House present and voting has been present to the President in the same session for such removal on the ground of proved misconduct or incapacity.
- The Election Commissioner or a Regional Commissioner shall not be removed except on the recommendation of the Chief Election Commissioner to the President or the Governor of the State.
- The Representation of People (Amendment) Act, 1996 was based on the recommendations of Dinesh Goswami Committee. Now a Candidate can contest election from more than two Parliament any constituencies. No election will now be countermanded on the death of a contesting candidate rather a new candidate of the respective party will have to contest on his place.
- Exit Poll is a term used to denote a post-election survey of voters regarding the candidates in whose favour they had exercised their franchise. The Opinion Poll is conducted by different survey agencies before the elections to know public views regarding the elections.
- 61st Constitutional Amendment Act, 1988, reduced the age for Right to Vote from 21 years to 18 years with came into force in March 28, 1989. The right to Vote was primarily used by the youths in November, 1989 in the General Election of Lok Sabha.
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- According to Article 324(2), the Chief Election Commissioner and other Election Commissioners of India are appointed by the President under the law made by the Parliament.
- Each candidate has to deposit security, and a defeated candidate who fails to secure more than one-sixth of the valid votes polled in the constituency will lose his security deposit. It may be possible if a large number of candidates contest the election and the votes get distributed.
- The decision to disqualify a person, declared convict by the Court to contest the election, was given by the Parliament. According to Section 8(3) of Representation of People Act, 1951 made by the Parliament a person convicted of any offence and sentenced to imprisonment for not less than 2 years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of 6 years after his release.
- The right to vote and right to elected is a legal right in India. The Supreme Court pointed out the differences between a legal right and a fundamental right in a number of cases. Some significant differences are:
- A legal right is the offshoot of the ordinary law framed by the Legislature, whereas fundamental rights are of a transcendental charter. These are protected against any violation of any authority.
- A fundamental Right cannot be waived, whereas there are instances where a legal right has been violated.
- An ordinary legal right can be taken away by the State whereas the fundamental rights are placed beyond the reach of the State except as provided by the Constitution.
- Presiding Officer of the House is elected by the members of the House. Any dispute arising out of election are settled by the Supreme Court. Elections of the municipality and municipal corporations are conducted by the State Election Commission.
- The Constitution of India provides for an Election Commission under Article 324 for the superintendence, direction and control over the election for the vacant seats of the Parliament, State Legislative Assemblies, President and Vice-President.
- According to Article 324(1), the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and the Legislature of every State and elections to the offices of President and Vice-President held under this Constitution shall be vested in an Election Commission.
- Direct and Indirect both systems of elections have been adopted in India. The elections of President, Vice-President, Rajya Sabha and Legislative Council are conduct by the system of proportional representation by a single transferable vote through the indirect system and the elections of Lok Sabha and State Legislative Assemblies are conduct on the basis of adult suffrage through the direct system.
- Issuance of notification for election is not a function of Election Commission. Notification for the election of Lok Sabha and Rajya Sabha is issued by President, and for the election of Legislative Assemblies and Legislative Councils, the notification is issued by Governor of the concerned state.
- The President or the Governor of the State concerned issues the notification for election on the recommendation of Election Commission. After that date of the election, time, etc. are issued by the Election Commission.
- According to Article 103 of the Indian Constitution, the dispute regarding disqualification of a member of Parliament shall be referred for the decision of the President and his decision shall be final. Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act accordingly to such opinion.
- The right to vote in India is a legal right. In 2009, in the case of Kuldip Nayar Vs. Union of India, the Supreme Court, held that the Right to Vote is neither Constitutional right nor fundamental right. It is more a statutory/legal right.
- The objective of proportional representation system is to provide representation to each in proper proportion. It becomes insignificant in a country where a two-party system has developed
- Article 324 to 329 under Part XV of the Indian Constitution deal with elections. Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to Parliament, state Legislature, of office of President of India and the office of Vice-President of India shall be vested in the Election Commission. The Election Commission of India is the three member body comprising of a Chief Election Commissioner and two election commissioners. Election Commission of India decides the schedule for conduct of both general elections and bye-elections. Besides the Election commission also resolves the disputes relating to splits/mergers of recognised political parties.
- Dinesh Goswami was Law Minister in V.P. Singh Government in 1989. The Representation of People (Amendment) Act, 1996 was based on the recommendations of Dinesh Goswami Committee. This Committee recommended the Government funding the Parliament elections.
- S. Gill was the Chief Election Commissioner in 2000 while T.S. Krishnapurti and J.M. Lyngdoh were the other election commissioners. Later Krishnamurti and Lyngdoh also became the Chairman of Election Commission. At present, Dr. Nasim Zaidi is the Chief Election Commissioner.
- There used to be a Chief Election Commissioner only in the Election Commission of India. Two Additional Commissioners were appointed to the Election Commission on October 16, 1989, but they served only up to January 1, 1990. Again two additional Election Commissioner were appointed on October 1, 1993 and since then, the Commission has three members.
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- Article 324 of the Constitution provides superintendence, direction and control of the Parliament and State Legislature elections to be vested in an Election Commission. Under Article 243(K) and 243(ZA), the elections of Panchayats and municipalities are conducted by State Election Commission.
- The Delimitation Commission is formed by Government of India. The main task of the Commission is to redraw the boundaries of the various assemblies and Lok Sabha constituencies based on latest census. It is powerful institution. The orders of the Delimitation Commission cannot be challenged in a Court of Law. The orders of the Delimitation Commission are laid before the Lok Sabha or the State Legislative Assembly, but they cannot effect any modifications in the orders. So far, 4 Delimitation Commission (1952, 1963, 1973 and 2002) have been established in India.
- Model code of conduct is set of guidelines for the guidance of political parties and candidates during elections mainly with respect to speeches, polling booths, processions, manifestos and general conduct. The model code of conduct has been formulates by the Election Commission of India. The Model Code of conduct comes into force immediately on announcement of the election schedule by the Election commission for ensuring free and fair election schedule by the Election commission for ensuring free and fair elections.
- To encourage young voters to take part in the political process, Government of India has decided to celebrate January 25 every year as ‘National Voters Day’. It was started from January 25, 2011 to mark commission’s foundation day.
- The State Election Commission constituted under the 73rd and 74th Constitutional (Amendments) Act, respectively in 1992 and 1993, for each State/Union Territory are vested with the powers of conducting the elections to the Corporations, Municipalities, Zilla Parishads, District Panchayats, Panchayat Samitis, Gram Pancyayats and other local bodies. The Election Commission of India has no rule in these elections.
- The system of proportional representation solves the problem of minority representation by providing due representation to all sections of society. The system of proportional representation enables due representation to all type of groups based on ethnicity, gender, interests and ideologies.
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- The Election Commission of India provides recognition to the political parties in India. The Election Symbols (Reservation and Allotment) Order, 1968, provides for the recognition of political parties.
- A political party gets recognized as a National Party by the Election Commission if it fulfils any of the three following conditions :
- If the party wins 2 percent of seats in the Lok Sabha (11 seats) from at least three different States. or
- In Lok Sabha or Legislative Assembly, the party secures 6 percent of the total valid votes in at least four States, and it wins as least four seats in the House of the People from any State or States. or
- A party has got recognition as a State party in at least four or more States.
- According to the Amendment of Election Symbols (Reservation and Allotment) Order, 1968, a party has to live up to at least one of the following qualifications to be acknowledge as a State party –
- If the party wins at least 3 seats or 3% of the seats whichever is greater, in the State Legislative Assembly. or
- If it wins minimum 1 seat i n the Lok Sabha for every 25 seats or any fraction allotted to that concerned State. or
- If the party wins Lok Sabha seat with 6 percent or valid votes in the latest Lok Sabha elections or 2 vidhan Sabha (Legislative Assembly) seats with 6 percent of valid votes in the latest state assembly election. or
- The status of a State party can still be bestowed upon an entity even if it fails to win any seats in the Lok Sabha or the Assembly, if it manages to win at least 8% of the total votes cast in the entire State.
- The word ‘National’ in Indian National Congress was influenced by reaction against British rule.
- The NCP was formed on June 10, 1999 by Sharad Pawar, P.A. Sangma, and Tariq Anwar after they were expelled from the Indian National Congress (INC), following the dispute relating to Sonia Gandhi’s foreign origin.
- All adults of 18 years of age have the Right to Vote. There is no distinction on the basis of religion, race, sex, etc. There will be only one electoral list for each region and the political parties can establish their own norms.
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- Telugu Desham Party (TDP) is a regional party of Andhra Pradesh.
- As on 2nd September 2016, there were total 7 parties in India which satisfy the condition for being a National Party. These are- Bhartiya Janata Party (BJP), Indian National Congress (INC), Bahujan Samaj Party (BSP), Communist Party of India (CPI), Communist Party of India (Marxist) (CPI (m)), Nationalist Congress Party (NCP) and All India Trinamool Congress (TMC). Out of the given political parties, no political party satisfies the condition for being a National Party.
- Independent Labour Party (ILP) was an Indian political organization formed under the leadership of Dr. B.R. Ambedkar in August 1936.
- Atal Bihari Vajpayee became the first President of Bhartiya Janta Party in 1980. Shyama Prasad Mukerjee (1901-1953) was the Founder of the Bhartiaya Jana Sangh. The BJP is the successor Party of the Bhartiya Jan Sangh.
- Ambedkar founded Samata Sainik Dal, Independent Party, and Scheduled Caste Federation. The Peasants and Workers Party of India was founded in 1947 in Maharashtra. It was a Marxist Political party. While the Workers and Peasants Party (PWP) was founded on November 1, 1925 by Kazi Nazrul Islam, Hemant Sarkar, Shamsuddin Hussain and Qutubuddin Ahmad. It was not founded by Dr. Ambedkar. It worked under Indian National Congress during 1925 to 1929.
- Political Party Year of Formation
CPI – 1920
CPM – 1964
AIADMK – 1972
Telugu Deshan – 1982
- The Communist Party of India was founded in 1920 and divided into two parties CPI and CPI (M) in 1964 when a faction of the members of the Communist Party of India (CPI) broke away from it.
- Coalition Governments may contains many parties. As a result, the Government has to take care of feelings of all the parties included in the Government.
- Article 330 to 334 of Indian Constitution provisions for the reservation of some special classes in the House of People and State Legislative Assemblies. There is no provision made for women; thus the reservation of 33% seats for women in the Parliament and State Legislature can be made only by Constitutional Amendment.
- The Election commission accords recognition to political parties as National or State Parties in accordance with the norms laid down in the Election Symbols (Reservation and Allotment) Order, 1968.
- The Representation of the People Act, 1951 provides for the registration of political parties. The registration of political parties is carried out by the Election Commission of India. The Election Commission has decided that a political party shall be eligible to be recognized as National party if –
- It secures at least six percent (6%) of the valid votes polled in any four or more states at general election to the House of People (Lok Sabha) or to the State Legislative Assembly (Rajya Vidhan Sabha) and wins at least four seats in the House of People from any State or States or it wins at least two percent (2%) seats in the House of People (i.e. 11 seats in the existing House having 543 members), and these members should be elected from at least three different states currently, there are 6 national and 64 state political parties in India.
- Rajni Kothari has described the party system prevailing in India in the early years of Independence as one party dominant system. Rajni Kothari was a political scientist and writer. This noted works include ‘Politics in India’, Caste in Indian Politic’ and ‘Rethinking Democracy’.
- Party system is the part of the political system. The formation and running of the Government in a democratic political system is performed by party system (Political Parties).
- Inner-Party democracy stands for periodical elections within the party to elect the office bearers of the party.
- Legislative Assembly of Jammu and Kashmir in 1979 passed the ‘Anti-Defection Law.’ According to its provision, if any Member of Legislative Assembly leaves his party, then he shall not remain the member of Legislative Assembly.
- The 10th Schedule to the Constitution popularly known as the Anti-Defection Law, introduced by the Constitution (52nd Amendment) Act, 1985 laid down the process by which the member of political party may be disqualified on the grounds of defection. It makes provisions for an-bloc defection in a party, smaller defection in a single spell and party members in the Parliament casting vote either to topple or support a government. Larger defections in a party in various spell are not provided under this law.
- The Anti-Defection Law was passed by the Parliament on 15 February, 1985 and came into force on 1st March, 1985. The 52nd amendment to the Constitution by amending Article 101, 102, 190 and 192 and adding the 10th Schedule laid down the process by which member of House may be disqualified on the grounds of defection.
- Democracy in India is passing through the period of transition. Casteism and regional are still the dominating elements in India. Various political parties are formed by the regional leaders to meet various interests, but this is not the only reason behind having multi party system in India. There are other social, economic reasons which are also affecting the party system in India.
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- The political parties were recognized for the first time in 1985 by the constitution when the Tenth Schedule was added to the Constitution to curb defection.
- According to the provisions of Anti-Defection Laws provided in 10th Schedule of the Indian Constitution, the Speaker of Lok Sabha before the election as a member of a Party if voluntarily leaves his membership an does not rejoin that party until he serves on that post cannot be disqualified. But if he becomes the member of any other party, then he may be disqualified.
- First-past-the-post system is a method in which a member is considered elected on the basis of highest received votes. There is no importance of percentage of the total votes under this system. In India, the system is quite popular in State Legislative Assemblies and House of the People.
- Samajwadi Party is not a national party recognized by the Election Commission of India. Samajwadi Party came into existence on October 4, 1992 in Lucknow under the leadership of Mulayam Singh Yadav.
- The number of members of the opposition party required to be recognized as party in opposition is at least 1/10th (55 members) of the total membership (total members-545) of the Lok Sabha. According to the “rules and tradition” of the Indian Parliament, Party in opposition must have at least 55 seats in the Lok Sabha to rightfully gain and claim the mantle of the opposition party.
- The ‘Bhu Poratam’ movement (struggle for land) was organised by the Bharatiya Khet Mazdoor Union (BKMU) (one of the communist parties) in Andhra Pradesh to demand agricultural lands and House sites to landless agricultural workers. The name ‘Bhu-Poratam’ was given by the Communist parties.
- ‘Kamaraj Plan’ was prepared in 1963 by K. Kamrai then the President of Indian National Congress. This plan was prepared to make Indian National Congress vibrant.
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- Directive Principles of State Policy were given preference over Fundamental Rights mentioned in Article 14, 19 and 31 through 42nd Constitutional Amendment. Although the Supreme Court in it’s verdict in Minerva Mills case termed it unconstitutional, never the less it held that fundamental right mentioned in Article 14 and 19 have been subjected to Directive Principles enshrined in Article 39(b) and (c).
- According to Article 74, the President shall act in accordance with the advice of the council of ministries. By 44th Amendment Act 1978 it was provided that the President may require the council of Ministries to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
- In India, the amendment to the Constitution can be initiated in either House of the Parliament. It has been laid down under Article 368(2) of the Constitution, but the process requires a majority of members of both the Houses. In the case of voting, it will be mandatory for the approval of the amendment to be passed by a majority of total member ship of that House and a majority of not less than 2/3rd of the members present and voting. In India, the process of Constitutional Amendment is taken from the Continuous of South Africa.
- The power and procedure of Parliament to amend the Constitution is laid down in Article 368 of the Constitution. According to Article 368, an amendment to the Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by 2/3rd majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill, and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.
- The Constitution of India is flexible and versatile. It can be amended by the procedure laid down in Article 368, of the Constitution. An Amendment to the Constitution of India can be initiated by an introduction of a Bill in either House of Parliament. The Constitution can be amended in three different ways.
- By simple majority – There are some categories of an amendment like the creation of new States, creation or abolition of the second chamber of the States, changes in the citizenship, etc., which require only a simple majority in both the House of the Parliament. In this case, the amendment of the Constitution is made a flexible manner.
- By Special majority – There are certain other provisions of the Constitution which require a majority of the total membership in each House of the Parliament and a majority of not less than two-thirds of the members present and voting. The bulk of the Constitution can be amended in this way.
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- By Special majority and approval of the States – There are certain Articles of the Constitution like those related to Presidential powers and mode of election, the extent of the Executive and Legislative Powers of the Union or the States, the provision regarding the Supreme Court and the High Court, the representation of States in Parliament, the procedure of Constitutional amendment, and any of the lists in the 7th Schedule etc., which require special majority and approval of more than half of the states.
- The first Constitution Amendment 1951 added two new Article 31(a) and 31(b); and 9th Schedule to the Constitution for protection of agrarian reforms in certain State.
- The first amendment Bill to the Indian Constitution was presentation in 1951 through which Articles 15, 19, 85, 87, 174, 176, 341, 342, 376 were amended and two new Articles 31(a) & 31(b) and 9th Schedule was added to the Constitution.
- The 93rd Constitutional Amendment Bill deals with free and compulsory education for all children between the age of 6-14 years. Through this amendment, a new Article 21-A was added to the Constitution under Fundamental Rights, and Article 45 was amended under the Directive Principles of State Policy; and a new article 51(a) (k) was added to Fundamental Duties. This amendment bill was enacted under 86th Constitutional Amendment Act, 2002.
- The ‘Right to Education’ was introduced through 86th Amendment which came into force on 1 April, 2010. Under this, a new Article 21(A) was added in Article 21 which deals with providing free and compulsory education for all children of the age of 6-14 year. This Act got the assent of the President on December 12, 2002 and was notified to the Gazette of Union Government the same day. However it was implemented on 1 April, 2010.
- By 93rd Constitutional Amendment, 2005 the OBC’s have been given 27 percent reservation in admission to educational institutions. By this amendment, a clause (5) in Article 15 of the Constitution was added. This clause empowers the State to take special provision for the advancement of any socially and educationally backward class of the society.
- The Constitution (69th Amendment) Act, 1991 – Delhi was given the status of National Capital Territory
- The Constitution (75th Amendment) Act, 1994 – Establishment of State-level Rent Tribunals
- The Constitution (80th Amendment) Act, 2000 – Accepting the recommendations of 10th finance commission
- The Constitution (83rd Amendment) Act, 2000 – Castes in Panchayats in Arunachal Pradesh because the state in inhabited fully by Scheduled tribes.
- 97th Amendment, 2011 – Right to form Co-operative societies under Article 19(1)(c)
- 81st Amendment, 2000 – Protection of ST/ST Reservation in the filling backlog of vacancies
- 99th Amendment, 2014 – Formation of National Judicial Appointments Commission
- 91st Amendment, 2003 – Limiting the size of the Council of Ministers
- Anti-Defection Law was introduced by 52nd Constitution Amendment Act, 1985, by adding 10th Schedule in the Constitution of India. It was further amended by 91st Constitutional Amendment Act, 2003.
- The Constitution (69th Amendment) Act, 1991 provided the status of National Capital Region to Delhi.
- Under 58th Amendment Act, 1987, the authoritative text of the Indian Constitution in Hindi was authorized to be published as there has been a general demand for the publication of the authoritative text of the Constitution in Hindi incorporating therein all the subsequent amendments.
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- 61st Constitutional Amendment Act, 1988 reduced the age for Right to Vote from 21 to 18 years. It came into force on March 28, 1989.
- The Supreme Court laid down the Basic structure Doctrine in the case of Keshavananda Bharti Vs State of Kerala, 1973. According to this doctrine, Parliament can amend the Constitution including the fundamental rights but some of the provisions of the Constitution of India which form the basic structure of the Constitution are not amendable by the Parliament by exercising its amending power under Article 368.
- 79th Constitutional Amendment (1999), extended the reservation period for Scheduled Castes, Scheduled Tribes and Anglo-Indians in Lok Sabha and State Legislative Assemblies for 10 years. It was further extended for 10 years by 87th Constitutional Amendment, 2003. It was again extended for 10 years by 87th Constitutional Amendment, 2003. It was again extended for 10 years by 95th Constitutional Amendment 2010.
- The basic structure theory of the Constitution of India implies that certain features of the Constitution are so essential to it that they cannot be abrogated. The Supreme Court has made it clear its judgement in the case of Keshavananda Bharti Vs State of Kerala, 1973 that there are certain basic features of the Constitution which cannot be amended in any case.
- Several provisions of the Constitution were altered, and several new provisions were added by 42nd Constitutional Amendment in 1976. So it also termed as mini Constitution. The main objective of 42nd Constitutional Amendment was to overcome the difficulties arising from the decision of the Supreme Court in Keshavananda Bharti Case 1973. The Supreme Court made it clear in its judgement that certain features of the Constitution are so essential that they cannot be abrogated from the Constitution of India.
- According to 86th Constitutional Amendment Act, 2002 a new Article 21-A was added to the constitution which made Right to Education a fundamental right for children in the age group of 6-14 This Article reads: “The State shall provided free and compulsory education to all children between the age of six to fourteen years in such manner as the State may, by law, determine.”
- 25th Amendment of the Constitution, 1971 provided that no law passed to give effect to Directive Principles of State Policy contained in Articles 36(b) and (c) shall be void on the ground that it abridges the rights conferred by Articles 14, 19 or 31 (Article 31-was repealed by 44th Amendment Act-1978).
- The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into the National commission for Scheduled Castes and the National Commission for Scheduled tribes through the 89th Constitutional Amendment, 2003. The two commissions have been constituted under Article 338 and Article 338(A).
- The fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976 on the recommendation of Swaran Singh Committee. It has been mentioned under Part-4 A, Article 51(A) of the Indian Constitution. Earlier the total number of fundamental duties were 10, at present, it is 11. Provision relating to fundamental duties has been derived from the Constitution of Soviet Union.
- The Supreme Court limited the power of Parliament to amend the Constitution for the first time in the case of Golakhnath Vs. the State of Punjab, 1967.
- 98th Constitutional Amendment Bill was presented by Arun Jaitley, the former Minister of Law and Justice in the NDA Government.
- Sikkim was included as a full-fledged state (22nd) in the first schedule to the Constitution of India by 36th Constitutional Amendment. 35th constitutional amendment sought to provide for the terms and conditions of association of Sikkim with the Union.
- The 97th Amendment of the Constitution was notified on January 12, 2012 to provide Constitutional status to Cooperative organizations. The word ‘Cooperative Societies’ in Article 19(1) of Part-III, Article 43(B) in Part-IV and Part IX-B (Article 243 ZH to 243 ZT) was added by this amendment of the Constitution which involves encouraging voluntary organizations and professional management, function and formation and operation of cooperative
- By May, 2013, 98 Constitutional Amendments had been implemented.
- A Memorandum of Settlement on Mizoram was signed by the Government of India and the Government of Mizoram on 30th June, 1986. Mizoram was granted the status of a State by 53rd Amendment Act, and formation of Mizoram took place on 20th February, 1987.
- Curtailment of the power of judicial review – 38th Amendment
- Abolition of Right to property as a fundamental right – 44th Amendment
- Lowering the voting age from 21 to 18 – 61st Amendment
- Addition of the word secular in the preamble – 42nd Amendment
- 13th Amendment – Nagaland
- 18th Amendment – Clarification of the term ‘state’
- 39th Amendment – The election of President, Vice President Speaker and Prime Minister cannot be challenged.
- 52nd Amendment – Anti-defection law
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- According to Article 350-A it shall be the endeavour of every State and every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities (7th Amendment Act, 1956).
- Eighth Schedule of the Indian Constitution recognizes 22 regional languages as the official languages of the Union. Originally, there were only fourteen languages in this Schedule, the fifteenth language, Sindhi, was added by the 21st Constitution Amendment in 1967, and three languages, Konkani, Manipuri, and Nepali, were added by the 71st Amendment in August 1992. Four more languages Bodo, Dogri, Maithili and Santhali were added by the 92nd Amendment Act, 2003. Thus there are total 22 languages included in the eighth schedule:
- Bodo is recognized language mentioned in the Eighth Schedule of the Constitution. Bodo was included by 92nd Amendment Act, 2003 while other options are not correctly related to the languages mentioned in the Constitution of India. According to Article 343, Hindi is the official language of the Union not the National Language of India.
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- According to Article 344 of the Indian Constitution, Nehru appointed the First Official Language Commission under the chairmanship of B.G. Kher on 7 June, 1955. The Commission submitted its report in 1956. It recommended a number of steps to replace English with Hindi eventually. The Parliamentary Committee on Official Language, chaired by Govind Ballabh Pant was constitution in 1957 to review the Kher Commissions report.
- Article 345 of Indian Constitution provides the procedure for adoption of official language or languages of the State. According to this Article, subject to the provisions of Article 346 and 347, the Legislature of a State may, by law adopt any one or more of the languages in use in the State or Hindi as the language or languages to be used for all or any of the official purposes of that State; Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution. Article 343 provides for the official language of the Union. Article 344 deals with commission and committee of parliament on official language. Article 346 provides for official language for communication between one State and another or between a State and the Union.
- The State of Uttrakhand on January 1, 2010 gave the Sanskrit language the status of the second official language. After some time, former Chief Minister, Ramesh Pokhariyal ‘Nishank’ declared ‘Rishikesh’ as Sanskrit city.
- Before 92nd Constitutional Amendment, 2003 there were total 18 languages in the Eight Schedule of the Constitution which increased to 22 after 92nd
- The languages spoken by maximum number of people in the world are as follows:
- English – 1500 million
- Chinese – 1100 million
- Hindi – 650 million
- Spanish – 420 million
- French – 370 million
- Arabic – 300 million
- Russian – 275 million
- Portuguese – 235 million
- Bengali – 233 million
- German – 185 million
- Japanese – 128 million
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- Brahui is the Language of Baluchistan, but from philological aspect, it is a language of Dravidians family.
Panchayati Raj and Community Development
- According to Article 243-C (1) of the Indian Constitution, the legislature of a state may, by law make provision on the composition of Panchayat.
- Gram Panchayats are the smallest unit of local self-governance, at village level. According to Chhattisgarh Panchayati Raj Act, 1993, each Gram Panchayat area is divided into not less than 10 and not more than 20 words and each ward elects one Panch. The Gram Panchayat consists of the elected Panchs plus a Sarpanch who is the head of the Gram Panchayat. Thus all members are elected not nominated.
- Panchayat is enumerated in State List as 5th entry in the 7th Schedule to the Constitution. It is the subject of State Government, and the State Government has the power to constitute it and conduct its elections.
- 73rd Amendment Act (1992) which got President’s assent on April 25, 1993 after the ratification of the required number of States, provided a Constitutional guarantee for the formation of Panchayats, inserted Part IX and the 11th Schedule Constitution. But Article 243 Q envisages 3 types of municipalities:
- Nagar Panchayats
- A Municipal Council for Smaller Urban Areas.
- A Municipal Corporation for a Large Urban Areas
- Article 243-E is related to the duration of Panchayats. Clause (1) provides that every Panchayat, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer. Clause (3) provides that the election shall be completed before the expiration of a period of six months from the date of its dissolution.
- Maintenance of Public Order is not the concern of Local self Government. Public Health, Public Utility Services, sanitation, Roads and Bridges, Development Schemes etc related to Local self Government. Article 243 (g) provides for powers, authority and responsibilities of Panchayats. Likewise Article 243 W provides for powers, authority and responsibilities of Municipalities.
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- According to Article 243(I) of the Constitution, the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (73rd Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the President.
- 73rd and 74th Amendment was made in 1992 and came into force on 24 April, 1993, during the prime ministership of P.V. Narasimha Rao.
- Article 243(d) of the Indian Constitution has provisions of reservation for Scheduled Caste and Scheduled Tribes in Panchayats.
- Reservation of seats in Panchayat elections for Scheduled Castes shall not apply to the State of Arunachal Pradesh since there is no population of Schedule castes in the sate according to census-2011.
- In areas covered under the Panchayat (Extension to Scheduled Areas) Act, 1996 Gram Sabha has the ownership of minor forest produce and has power to ban transfer of land. It’s consent is necessary for issueing licenses/mining lease for minor minerals. However, in the case of other minerals, the recommendation of Gram Sabha is not required in Scheduled areas.
- The Panchayati Raj System is a local self-governance system. Balwant Rai Mehta called it as ‘System of Democratic Decentralization’. It is a three-tier system of governance with bio-relations.
- The Gram Sabha has been envisaged as the foundation of the Panchayati Raj System. 73rd Amendment to Constitution provides for the Panchayat at the village level. Gram Sabha consists of persons registered in the electoral rolls of a Panchayat area consisted at the village level.
- According to Chhattisgarh Panhayati Raj Act 1993 as amended in 2004, a Gram Sabha must meet once every three months in a year. The presence of 1/10th of the total number of members of Gram Sabha of whom 1/3rd must be women, constitutes the quorum for a Gram Sabha meeting. The Sarpanch and Panchs shall be responsible for the quorum of the meeting of the Gram Sabha. Resolutions for the annual working plan, selection of beneficiaries, annual Budget, audit report and annual accounts and administrative report, shall be passed in the meeting which has a requisite quorum and in the case of absence of the quorum in five subsequent meetings of Gram Sabha, proceedings shall be initiated for the removal of
- According to PESA rules a person who is a member of a scheduled Tribe will be selected as chairperson for the meeting of the Gram Sabha for one year by consensus. In case of non-consensus, amongst the members present, the oldest lady from the scheduled tribes would be the Chairperson.
- The local self-government in India has been formulated under the Panchayati Raj System. 73rd Amendment of the Constitution 1992 gave it Constitution status.
- Panchayati Raj System was started on 2nd October, 1959 in Nagore district of Rajasthan. Panchayats were given Constitutional status by 73rd Amendment Act-1992. Its main objective is to increased the participation of people in the development of the country and implementing democratic decentralization.
- Article 40 of the Constitution directs the States to constitute Gram Panchayats. It is included in the Directive Principles of State Policy. Article 40 provides that the State shall take steps to organize village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-governance.
- Pachayati Raj is a system of local self-government with three tier system – Gram Panchayat at the Village level, Panchayat Samiti at the block level and Zila Parishad at the district level. The Panchayat Raj System is aimed at achieving the global of economics development and social justice.
- The principle aim of Panchayati Raj System is the democratic decentralization of power to village and to empower them to make policies according to their need and to implement these policies.
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- The Community Development Programme (CDP) was started in 1952, and National Extention Scheme (NES) was started in 1953. Balwant Rai Mehta Committee was constituted in 1957 by National Development Council for the reorganization of CD Pand NES. This Committee recommended three-tier local self government under Panchayati Raj System.
- Full cooperation of local public is required for Panchayati Raj to work properly. The goal of this system cannot be achieved without the support and participation of the local public.
- Balwant Rai Mehta is considered as ‘Architect of Panchayati Raj’ in India due to his contribution in democratic decentralization. He recommended three tier Panchayati Raj System.
- Rajasthan is the first State to establish Panchayati Raj system on 2 October, 1959 in Nagaur district while Andhra Pradesh is the second State to establish Panchayati Raj System.
- Ashok Mehta committee was constituted in 1977, which submitted its report in August 1978. The committee in its report had recommended for ‘two tier’ system in place of ‘three tier’ system. The two-tier system or model was – Zila Parishad at the district level and Mandal Panchayat at the Mandal level which was consisted of a group of villages covering a population of 15000 to 20000.
- K.R.V. Rao Committee is not related to Panchayati Raj System. Vijayendra Kasturi Ranga Varadraja Rao was a prominent Indian economist. He headed the United Nations Commission for Economic Development and served as a member of Committee for National Income.
- M. Singhvi Committee was constituted in 1986 to give suggestions in favour of Panchayati Raj. This Committee had recommended that local-self government should be constitutionally recognized, protect and preserved by the Constitution, and had also recommended for non-involvement of political parties in Panchayati elections.
- Dinesh Goswami Committee is not related to Panchayati Raj System. It was constituted in 1900 to give a recommendation on Electoral Reforms.
- Panchayati Raj System was given a Constitutional Status by 73rd Seventy-Third Amendment, 1992 came into force on 24 April, 1993.
- 73rd and 74th Amendment of Constitution are responsible for creation of the following:
- State Election Commission (Art 243-K)
- State Finance Commission (Art 243-I)
- State Election Commission for Municipalities (Art 243-ZA)
- State Financial Commission for Municipalities (Art 243-Y)
- District Planning Committee ( Art. 243-ZD)
- Section 34 of the Chhattisgarh Municipalities Act, 1961 provides that –
- A Person who is enrolled in the Municipal Electoral Roll as a voter, shall be qualified to be a candidate.
- For the election of President, if he not less than twenty five years of age; and
- for the election of Councillor, if he is not less than twenty one years of age.
- No person who is a candidate for any one ward shall be a candidate for any other ward.
- If a person is elected for the office of President and Councillor both, he shall have to resign from of the offices within seven days from the date on which he is declared to be elected.
- A person will be eligible for being elected to Municipal Council if has name appears in the electoral rolls of that Municipal Council.
- 73rd Amendment makes Panchayat elections mandatory and provides for the formation of State Election Commission for such elections. These provisions have been given under Article 243- K.
- According to Article 243-K(1) and 243-ZA (1), the superintendence, direction, and control
- Judicial Review is not the power of Panchayati Raj Institution. It is a power of Judiciary. The legislative and executive actions are subject to review by the Supreme Court of India in accordance with the Principle of Judicial review.
- The State Finance Commission established under Article 243(I) by the Governor, is responsible for the distribution of revenue between the State Government and the Local Governments.
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- The Mayor is the highest ranking official in a Municipal Government in a city. According to Article 243(U), the Municipal Corporation shall have a tenure of 5 years. Thus the tenure of Mayor is 5 years.
- The State Government has no authority over local bodies on matters relating to citizen’s complaints.
- According to Article 243 (ZJ) of the Indian Constitution, the Board of co-operative society consists of such members of Directors as provided by the Legislature of State but the maximum number of Directors shall not exceed twenty-one
- Arrangement for local governance is made under Article 40, Part IX and Part IX-A. Hence there are separate provisions for local governance in the Indian Constitution.
- Part IX-A (Article 243-P-243ZG) was inserted by 74th Amendment of the Constitution in 1992 to give a Constitution status to the units of local self governance in urban areas. A new Schedule (12th Schedule) was also added by this Amendment Act.
- The State Finance Commission established under Article 243 (I) by the Governor, is responsible for the distribution of revenue between the State Government and the Local Governments.
- District Planning Committee is constituted under Article 243 (ZD) of the Indian Constitution. The District Planning committee are intended to consolidate the plans prepared by the Panchayats and Municipalities in the district and prepare the draft development plan for the entire district.
- Elected and Ex-Officio members in District Planning Committee in Rajasthan are 20 and 5 respectively. Other nominated people are Collector, ADM and two nominations from MLA, MP or CSO. This number differs in different states for example there are 34 members in Bihar and 20 members in Chhattisgarh.
- Under the scheme of MNREGA, every Gram Panchayat, after considering the recommendation of Gram Sabha, shall prepare a development scheme and shall be responsible for implementation and execution of words under the scheme.
- The National Rural Employment Guarantee Act, 2005 was passed by the Parliament in August, 2005 and came into force on 2 February, 2006. Its name has been changed to MNREGA on 2nd October 2009. This programme was started in Anantipur district of Andhra Pradesh. The adult members of any household are eligible for employment guarantee of at least 100 days.
- According to Article 243 P(d), the territorial area of a Municipality in the state refers to Municipal area as notified by the
- The Community Development Programme was started as a pilot project in 1952 for the advancement and development of the country. The National Extension Service was its first programme which was started in 1953. In 1957, Balwant Rai Mehta Committee was constituted to inquire into the working of Community Development Programme and National Extension Service.
- At present, the chairman of Municipality in Uttar Pradesh is elected by the electors having their names in the voter list of that area which includes the electors of wards also.
- Panchayat Samiti is the local Government body at the Block level. The Panchayat Samiti is a link between the Gram Panchayats and Zila Panchayat. It works as an administrative authority. The Panchayat Samiti collects all the prospective plans prepared at Gram Panchayat level and processes them for funding and implementation by evaluating them.
- A State Election Commission is constituted under Article 243 K to conduct all elections of the Panchayats. The State Election Commissioner is appointed by Governor of the State.
Special Provision for Certain Class
- The National Commission for Backward Classes Act came into force in the year 1993, Child Labour (Prohibition and Regulation) Act was passed in the year 1986, while Person with Disabilities (Equal opportunities, Protection of rights and full Participation) Act was implemented in the year 1995. The National Commission for Minorities Act came into force in year 1992.
- The power to include or exclude any caste, race or tribe or any group as Scheduled Castes and Scheduled Tribes, in the list specifying these communities, is vested in the Parliament. The Parliament may exercise this power by making a law. Such provision for Scheduled Castes is given in Article 341 and for Scheduled Tribes in Article 342.
- The provision of reservation for castes has been made for Lok Sabha and State Legislative Assemblies under the Constitution. However, there is no reservation for any caste in the Legislative Assembly of Jammu and Kashmir, in Rajya Sabha and State Legislative Assemblies.
- According to the Constitutional (Scheduled Tribes) Order, 1950 the status of Schedule Tribes is religiously neutral. Follower of any religion can b e included in Scheduled Tribe Community, while by para-3 of Constitutional (Scheduled Caste) Order, 1950 only Hindus (which includes Buddhist and Sikh), can be included in the Scheduled Caste Community. Minorities headed by Rangnath Mishra has recommended to repeal this para.
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- The maximum population of Scheduled Tribes is in the State of Madhya Pradesh. The descending order of the States – Madhya Pradesh, Rajasthan, Andhra Pradesh, Bihar.
- The provision of National Commission for Scheduled Tribes has been made by Article 338-A. Originally, there was only Article 338 for the establishment of a commission for Scheduled Castes and Scheduled Tribes (both), but 89th Constitutional Amendment Act, 2003 bifurcated the combined commission into two separate bodies. Article 338 A was inserted for a separate commission for Scheduled Tribes. Article 338 now only provides for a commission for Scheduled Castes. The commissions constituted under Article 338 and 338 A consists of a Chairperson, Vice-Chairperson, and three other members.
- Article 243D of the Indian Constitution provides for reservation of seats for the Scheduled castes and Scheduled Tribes in the Panchayats. Article 243A is about Gram Sabha, 243B deals with the constitution of Panchayats and Article 243C is about the composition of Panchayats.
- The investigating officer submits his report within 30 days for the offices committed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Section 14 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides for the arrangement of a special court and Exclusive special court for the purpose of providing for speedy trial. Section 15 provides for special public prosecutor and exclusive public Prosecutor.
- The provisions of reservation for Scheduled Castes and Scheduled Tribes in Lok Sabha has been made under Article 330 of the Constitution. The same provision of reservation for the said communities in State Legislative Assemblies has been made under Article 332.
- Part XVI of the Constitution containing Articles 330-342 is for the special provisions relating to certain classes. Article 330 provides for reservation of seats for Scheduled Castes and Scheduled Tribes in the House of People (Lok Sabha), and Article 331 is related to the representation of Anglo-Indian community in the House of People.
- According to Article 331 – “Notwithstanding anything in Article 81, the President may, if he is of the opinion that the Anglo-Indian Community is not adequately represented in the House of the people, nominate not more than two members of that community to the House of People (Lok Sabha).
- According to Article 341 of the Constitution, the President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts or groups which shall for the purposes of this Constitution be deemed to be Scheduled Castes to that State or Union Territory, as the case may be.
- The Chhattisgarh Panchayat Raj Act, 1993 confers among others the powers listed below to Zila Panchayats.
- Planning minor water bodies
- To control over institutions in all social sectors
- To control on tribal sub plans
- To exercise other functions as conferred by State Government.
- After the Amendment made by Parliament in 2007, there are total 1206 Schedules Castes in India. The maximum number of Scheduled Caste is in the State of Karnataka (101), and the minimum is in the State of Rajasthan (4) and Union Territory Chandigarh (4). Scheduled Castes form 16.6 percent to the total population.
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- United Nations is an international organization founded in 1945. The draft of United Nations Charter was finalized in a conference held in San Francisco during April to June, 1945. On 26 June, 1945, 50 nations signed the Charter. Representative of Poland was not present at San Francisco and ratified the Charter on 16 October, 1945, as the 51st member of the United Nations. This organization came into being on 24 October, 1945 and this Date is observed as the ‘United Nations Day’.
- In Security Council, there are five permanent members (United States, France, China, Britain and Russia) who are authorized to exercise veto power to with hold any resolution going to be passed with a majority. Only the permanent members have veto power.
- United Nations Security Council (UNSC) is one of the six principal organs of United Nations and is charged with the maintenance of peace and security. The Security Council consist of fifteen (15) members, out of 15, 5 are permanent i.e. United States, France, China, United Kingdom (Britain) and Russia. There are 10 non-permanent members, elected on a regional basis by United Nations for a term of 2 years.
- The first African Un Secretary General was Boutros-Boutros Ghali. He worked as the 6th UN Secretary-General from 1 January, 1992 to 31 December, 1996. The second African Secretary General was Kofi Annan.
- Third Secretary General of United Nations U. Thant served for the longest period (1961-1971). Tenure of all Secretary Generals is given below.
- Trygve Lie (Norway)-2 February, 1946-10 November, 1952
- Dag Hammarskjold (Sweden)- 10 April, 1953-18 September, 1961
- Thant (Burma)-30 November, 1961-31 December, 1971
- Kurt Waldheim (Austria)-1 January, 1972-31 December, 1981
- Javier Perez de ceullar (Peru)- 1 January, 1982-31 December 1991
- Boutros-Boutros Ghali (Egypt) – 1 January, 1992-31 December, 1996
- Kofi Annan (Ghana)- 1 January, 1997-31 December, 2006
- Ban Ki Moon (South Korea) – 1 January, 2007-31 December, 2016
- Antonio Guteres (Portugal) – 1 January, 2017-incumbent.
- Head of the state of the United Kingdom is Queen Elizabeth II. She ascended to the throne of the United Kingdom of Great Britain and Northern Ireland in 1952. Prime Minister Theresa May is the head of the Government.
- Atal Bihari Vajpayee is the first Indian to deliver a speech in Hindi at United Nations Assembly. He delivered the speech on 8 December, 1977 as Foreign Minister. During the 69th opening ceremony of United Nations on 27th September, 2014, Prime Minister Narendra Modi delivered his speech in Hindi. By doing this, he became the second Prime Minister, and third Indian leader to do so. It is noteworthy that in the year 1988, P.V. Narasimha Rao (the then foreign Minister) addressed the United Nations session in Hindi.
- There are 30 Articles in ‘Universal Declaration of Human Rights’.
- English and French are used as a working language while the six official languages are –
- International Court of Justice was established in June, 1945. It is headquartered at Hague (The Netherland).
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- Amnesty International is a global movement of more than 7 million people in over 150 countries and territories who campaign to end abuses of Human Rights. It was founded in 1961 by British lawyer Peter Benenson. Its headquarter is in London.
- The Judges elected to the International Court of Justice from India are Benegal Narsingh Rau (1952-1953), Nagendra Singh (1973-1988), Raghunandan Pathak (1989-1991) and at present, Dalveer Bhandari (2012-2018).
- Nagendra Singh served as the President of International Court of Justice from 1985 to 1988. A.N. Roy was appointed as the Chief Justice of India on April 26, 1973. R.K. Trivedi worked as Chief Election Commissioner of India from 18 June, 1982 to 31 December, 1985. Ashoka Desai was Attorney-General of India.
- General Assembly, International Court of Justice and Trusteeship Council are the three out of six principal organs of United Nation, but Amnesty International is not related to UN. It is a non-governmental organization with over 7 million members focussed on Human Rights and defending those who are denied justice or freedom.
- Doctors without Border (Medicins Sans Frontiers) is an international humanitarian-aid non-governmental organization. It was founded in France. In 2015, over 30000 local doctor, nurses, medical practitioners, etc. provided medical aid in over 70 countries. In 1999, it won Noble Peace Prize.
- 10 December is observed as ‘Human Rights Day’ every year. It commemorates the day on which, the United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. In 1950, the Assembly passed resolution 423(v), inviting all states and interested organizations to observe each year 10th December as Human Rights Day. The World Health Day is observed on 7th April, U.N. Day on 24th October and Labour Day is observed on 1st
- In The Preamble of ‘Universal Declaration of Human Rights, the concept of Human Rights primarily emphasizes on dignity and justice for each and every human being, so the concept of dignity lies at the heart of human rights.
- 22 countries around the world including 12 Latin American countries have adopted Compulsory Voting System often starting at the Age of 18.
- The President and Vice-President of America are not elected directly by the people Instead they are chosen by “electors” through a process called the Electoral College.
- The first primary in the election of US President takes place in New Hampshire and lowa states. The elections for first primary are held about a year ahead of the presidential elections. Conventionally the process of election for the President starts from here. The electoral college is the mechanism established by the United States Constitution for the indirect election of the President of United States.
- The International Day of Non-violence is observed on 2nd October, the birthday of Mahatma Gandhi, leader of the Indian Independence Movement and pioneer of the philosophy and strategy of non-violence. By a resolution of 15 June, 2007 the United Nations General Assembly determined to celebrate 2nd October as the International Day of Non-Violence.
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- The Presidential form of Government first emerged in America. American Presidency is regarded as the oldest and purest form of Presidential Government. It this type of system, the executive power of the whole Government administration is vested in the President. He is elected directly or indirectly by the people for a fixed period.
- The Concept of ‘Right to Service’ originated in Great Britain (U.K.) Right to service refers to laws which guarantee time bound delivery of services for various public services rendered by the Government to citizen. The Right of Citizens for Time-bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 was an attempt to start such a law in India. However, it could not be passed. Notably, Madhya Pradesh is the first state of the country to implement Right to Services Act on 18 August 2010. Bihar is the second state to implement such law on 25 July, 2011.
- Pivot to Asia is the strategy of the foreign policy of United States of America (USA).
- The concept of written Constitution first came into existence in United States of America.
- I.A. (Central Intelligence Agency) is a civilian foreign intelligence service of the United States of America.
- A pressure group can be described as an organised group that does not put of candidates for election, but seeks to influence government policy or legislation. These groups can also be described as ‘interest groups’, ‘lobby groups’ etc. Trade Union, Farmers Organisation, Women Organisation, Business organisation etc are included in pressure groups.
- The Parliamentary form of Government first developed in Britain. Indian Parliamentary form of Government has been taken from the British Constitution in which the King or President is the nominal head only; actual executive power is vested in the Parliament or the Cabinet.
- Larry Pressler was a U.S. Senator who brought up Pressler Amendment in 1986, to link US assistance with nuclear non-proliferation. He criticized US assistance to Pakistan by the Clinton administration on the ground of Pakistan’s involvement in nuclear proliferation.
- For the first time outside India the ‘Festival of India’ was organized in Britain in 1982.
- Parliament of Russia is called ‘Federal Assembly’. The Lower House of the Russian Parliament is known as ‘Duma,’ while the Upper House is called Council of the Federation.’
- Chinese Parliament is known as the National People’s Congress (NPC). It has 2987 members presently and is the biggest Parliament in the world. However in practice, it is just a rubber stamp Legislature which approves the decisions of the Communist Party of China.
- The Princelings, meaning the Party’s crown Princes, are the descendants of prominent and influenced senior communist officials in the People’s Republic of China.
- ‘New China News Agency’ is the news agency of China.
- TASS was the official news agency of Soviet Union until 1991. After the disintegration of the Soviet Union in 1991, a new name given to the Russian news agency as ITAR-TASS, known as “Information Telegraph Agency of Russia-Telegraph Agency of the Soviet Union” Since 1992.
- ISI stands for Inter-Services Intelligence. It is the premier military-operated intelligence agency of Pakistan.
- Dawn is a leading English newspaper of Pakistan. It was founded by Quaid-i-Azam Mohammad Ali Jinnah in Delhi, India, on 26 October, 1941.
- Mossad is the National Intelligence Agency of Israel. Mossad is responsible for intelligence collection, convert operations, and counterterrorism.
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- India, Sri Lanka and the United States including many other countries of the world have banned the LTTE. In 2009 the Sri Lanken Army launched a massive operation against LTTE, in which its chief B. Prabhakaran was killed.
- The Berber-speaking community speaks completely different language than Arabic. They live in North African countries like Morocco and Algeria. They are also known as Amazigh, original inhabitants of the region.
- ‘Pressler Amendments’ linked American aid to the development of nuclear capacity. ‘Chakma Refugees’ are Bangladesh refugees in India. Perestroika was the economic policy of former and the last President of Soviet Union Mikhail Gorbachev. When in May, 1948, the State of Israel was proclaimed and five Arab Nations attacked in support of the Palestinian Arabs, since then a body animosity developed and decades passed in fighting. A historic peace accord was signed between Israel and PLO on September 13, 1993.
- The first Indian Prime Minister who visited Afghanistan was Pandit Jawaharlal Nehru, in September, 1959, thereafter Indira Gandhi visited the country in 1976. Recently Prime Minister Naendra Modi visited Afghanistan on June 6, 2016.
- ‘Diet’ also called ‘Imperial Diet’ is the National Legislature of Japan. Japan has a Parliamentary System of Government like Britain and Canada. Similarly Riksdag-Sweden, Cortez-Spain and Sejim is the parliament of Poland.
- Yellow Book is the government report of the French Government.
- The ‘Press’ plays an important role in nation building. Hence it is known as the ‘Fourth Estate of democracy.
- Meaning of “Panchsheel” is the five rules of behaviour or conduct as given below:
- Mutual respect for geo –regional integrity and sovereignty of each other.
- Non-interference in the internal matters of each other,
- Mutual benefits and equality, and
- Peaceful co-existence
- Non-alignment is not a principle of Panchsheel but the policy of non-alignment itself is based on the principles of Panchsheel.
- The Commonwealth has no Charter, Treaty or Constitution. However, all the territories/countries which were once under the British Empire did not become members of Commonwealth automatically. A country willing to be a part of Commonwealth has to make a declaration for this. Among the former British Empire, there are many countries like- Burma, Egypt, Kuwait and UAE etc. which never became member of Commonwealth.
- Suicide was such a crime which if done, the culprit is not available for punishment. Although it’s attempt was punishable earlier under section 309 of IPC. But Law Commission of India in its 210th report recommended deleting Section 309 of I.P.C. and which was supported by 18 states and 4 Union Territory to delete Section 309 of IPC from the statute book.
- President of India – Faith and Allegiance to the Constitution of India
- Judges of Supreme Court – Upholding the Constitution and Law
- Members of Parliament – Faithful Discharge of Duties
- Ministers for the Union – Secrecy of Information
- Those rights which do not find mention in the provisions of the constitution are called extra-constitutional rights. For example, there was no constitutional provision for planning commission rather it was formed by a resolution of the Cabinet, still it exercised power in respect of Centre and the States.
- The power of District Collector as District Magistrate includes: Maintenance of law and order in the district and to control the police department of his district and recommend the cases for passport and visa and take care of the movement of a foreigner in the district while the power to control the Land Revenue is exercise by him as a Collector.
- Freedom of inter-state trade and commerce has been regulated by the combination of all the Articles 19(1) (d), 19(1) (e), 301 and 301 to 307. Article 301 provides freedom of trade and commerce. Article 19(1)(d) is related to movement throughout the country feely. Article 19(1) (e) provides freedom to say and settle in any part of the territory of India.
- In the administration of state Secretariate though, every file have to be sent to the Cabinet though Chief Secretary. Chief Secretary is responsible for sending files to the Cabinet.
- Chechnya is located in the North Caucasus Russia, situated in the most southern part of Eastern Europe, and 100 kilometers away from the Caspian Sea. Darfur is a region situated in Western Sudan. Swat is a river valley and an administrative district in the Khyber Pakhtunkhwa Province of Pakistan. It is the upper valley of the Swat River, which rises in the Hindu Kush range.
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- Under the Universal Declaration of Human Rights, 1948, the Human Rights mentioned in Article 1 to 21 are considered as the first generation Human Rights while the rights mentioned in article 22 to 27 are considered as the second generation Human Rights. The Right to Work under article 23 and right to education under Article 26 are considered as Human Rights. Thus, right to work and right to education both are second generation human rights since 2003.
- The former Prime Minister Atal Bihari Vajpayee on 8 January, 2002 on the basis of the report of Lakshmimal Singhvi Committee declared that ‘Pravasi Bhartiya Divas’ will be celebrated on January 9, every year to commemorate the return of Mahatma Gandhi from South Africa. This convention is organized every year in India since 2003.
- In the administration of state Secretariate through, every file have to be sent to the Cabinet through Chief Secretary. Chief Secretary is responsible for sending files to the cabinet.
- The Arctic Council was established by Ottawa Declaration in 1996. The Arctic Council is the pre-eminent inter-governmental forum for addressing issues related to the Arctic Region. The members of the Arctic Council include eight countries, Canada, Denmark, Finland, Iceland, Norway, Sweden, the Russian Federation, and the United States. The Council provides a means for promoting cooperation, coordination and interaction among the Arctic States, with the involvement of the Arctic indigenous communities and other Arctic inhabitants on common Arctic issues, in particular issues of sustainable development and environmental protection in the Arctic. India and Japan are also included in 12 permanent supervisors of this Council. The chairmanship of this council changes after every two years. USA is the chairman of the council from 2015 to 2017.
- The outstanding Parliamentarian Award is given by the Indian Parliament Group to an outstanding sitting Member of the Indian Parliament for overall contribution in the Indian Parliament. It was instituted in 1994. Dr. Murli Manohar Joshi in 2009, Arun Jaitley in 2010, Karn Sing in 2011 and Sharad Yadav received the award in 2012.
- In 2003, the State of Uttarakhand gave the status of OBC (Other Backward Class) to the Gurkhas and 2 other communities Ghrit Chahang and Uthalia Vora.
- Record Nine Coalition governments were formed in Bihar between 1967 to 1971 These are
Chief Minister Tenure
- Mahamaya Prasad Sinha 5 March, 1967 to 28 January, 1968
- P. Singh 28 January, 1968 to 31 January, 1968
- P. Mandal 31 January, 1968 to 22 March, 1968
- Bhola Paswan Shastri 22 March, 1968 to 25 June, 1968
- Sardar Harihar Singh 26 February to 12 June, 1969
- Bhola Paswan Shastri 22 June to 4 July, 1969
- Daroga Prasad Rai 16 February to 22 December, 1970
- Kanpuri Thakur 22 December, 1970 to 1 June, 1971
- Bhola Paswan Shastri 2 June, 1971 to 9 January, 1972
- Scientific Socialism is attributed to Karl Marx. Karl Marx provided scientific foundation to the Idea of socialism. Karl Marx is also regarded as the father of communism.
- The retired Judge of Supreme Court, Justice Markandey Katju was appointed as the Chairman of the Press Council of India on October 5, 2011 for a period of 3 years. Currently, Justice Chandramauli Kumar Prasad is the Chairman of the Council from 25 November, 2014.
- Rajni Kothari in his book ‘Politics in India’ called the District Collector an ‘Institutional Charisma.’
- Castein has been increasing in Indian politics. Castes are emerging as pressure groups and being politicized in India.
- K. Gopalan Vs. State of Madras – Procedure for preventive detention
- Romesh Thapar Vs. State of Madras – Restrictions of free speech
- Shankari Prasad Vs. Union of India – Parliament’s power to amend the Constitution
- Champakaran Dorairajan Vs. State of Madras – Equality in admission to education institutions
- S. Radhakrishnan was the first Vice-President of India who served on this post from 1952 to 1962. Dr. Zakir Hussain was the second Vice-President of India. He served on this post from 13 May, 1962 to 12 May, 1967.
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- The Indian Regiment Mission of Asian Development Bank is situated in New Delhi.
- Untouchability would not constitute an offence if the accused and the victim belong to the same social group.
- The Internal Security Academy was established under the aegis of Ministry of Home Affairs, Government of India at Mount Abu (a hill station in the Aravali Range in Rajasthan).
- The First Law University – ‘National Law School of India’ was established in August, 1887 in Banglore.
- First Law University, known as National Law school of India, is located in Bengaluru. National Law University is in New Delhi. National University of advanced legal studies is situated in Kochi while there is no law university in Trivandrum.
- The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for the amicable settlement of disputes. The objective of National Legal Services Authority is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity. It also gives instructions to State Legal Services Authorities and provides them financial grants. The State Legal Services Authority is headed by the Chief Justice of the respective High Court, who is the Patron-in-chief of the State Services
- The Border Security Force was raised on 1 December, 1965. It is a specialized and centrally controlled security force which is armed and trained to man international Border with Pakistan. The headquarter of BSF is in Delhi.
- The different ranks of the Indian Army are as follow –
Indian Air Force
Air Chief Marshal
Air Vice Marshal
- The operational commands of Indian Army as of June 1999, were 5 parts which are 6 at present. These are as follows:
Western Command Chandi Mandir, Chandigarh
Eastern Command Kolkata
Northern Command Pune
Central Command Lucknow
South Western Command Jaipur (functional from August 15, 2005)
- Armoured Corps Centre and School is situated in Ahmadnagar, Maharashtra not in Jabalpur (M.P.)
- Baba Aamte was associated with the conservation of Wildlife and Narmada Bachao, but in the context of Silent Valley Movement, Dr. Salim Ali’s name remained in the limelight.
- Laskhar-e-Taiba is an active terrorist organization in South Asia. It was founded by Hafiz Muhammad Saeed and Zafar Iqbal in 1990 at Kumar Province of Afghanistan.
- Parliamentary System in India shifted from Centralism to Federalism during the decade of 1980’s (1971-80), when the Congress Party lost power in many Indian States.
- Operation Checkmate – Sri Lanka
- Operation Cactus – Maldives
- Operation Blue Star – Punjab
- Operation Siddhartha – Bihar
- “Bahujan Hitaya, Bahujan Sukhaya” is the motto of All India Radio.
- Maintenance of integrity of Sri Lanka was a part of India-Sri Lanka Accord, 1987. Complete freedom for Tamil-State was not mentioned in the accord.
- The Simla Agreement on 2 July, 1972 was signed between India and Pakistan. Indo-Soviet Treaty is a pact for friendship and cooperation between India and the Soviet Union on signed on August 9, 1971. The Farakka Accord between India and Bangladesh was signed in 1975 temporarily and finally on 12th December, 1996 and Tashkent Agreement with Pakistan was signed on 10th January, 1966.
- On 3 December, 1971 India intervened on behalf of Bangladeshi refugees who migrated to Indian side due to oppressive measures adopted in East Pakistan to suppress protest marches following Sheikh Mujibur Rahman’s arrest in western Pakistan. On 16 December, 1971 Pakistani Army unconditionally surrendered, and therefore Eastern Pakistan became a free Nation named as Bangladesh, and Sheikh Mujibur Rahman became its first Prime Minister.
- The Press Council of India is a Statutory, Quasi-Judicial body which was established in 1966 by the Parliament.
- The Food and Nutrition Board is now part of Ministry of Women and Child Development. In 1964, it was first established under the Ministry of Food and Agriculture. In 1993 it came under Ministry of Human Resource Development. Later, a separate ministry was formed as Ministry of Women and Child Development in 2006 and Food and Nutrition Board now works under the Ministry of Women and Child Development.
- The emergence of regionalism in India has various causes, like unbalanced development in different regions, fear of losing cultural identity and the greed to gain political prominence.
- By 36th Amendment of the Constitution, 1975, Sikkim became an integral part of India. This region is blessed with biodiversity and considered as the Paradise of Botanists because it comes under the Himalayan hotspot. Natives of this region are Lepchas, Bhutias, and the Nepalis.
- National Water Development Agency (NWDA) was set up in July, 1982 as an autonomous society under the Societies Registration Act, 1860 to carry out water balance and other studies on a scientific basic for optimum utilization of water resources. Government of India Constituted National Water Board in September, 199.
- The Indian Constitution is regarded as Federal as well as a combination of unitary and federal elements. Article 352 provides that the President of India, if satisfied, that the security of India or any part of the territory thereof is threatened due to war, external aggression or armed rebellion, can proclaim Emergency, whilst Article 356 provides for the proclamation of the President’s Rule if the Constitutional machinery fails in any State of India.
- The Department of Border Management was created by the Ministry of Home Affairs in January, 2004 to take care of the issues relating to management of International land and coastal borders, strengthening of border policing and guarding, creation of infrastructures like roads, fencing and flood lighting of borders and implementation of Borders Area Development Programme (BADP).
- The Department of Women and Child Development was established in 1985 under the Ministry of Human Resource and Development, but from 30 January, 2006 it is working as a separate Ministry. Now under the Ministry of Human Resource and Development there are two Departments (1) School Education and Literacy Department, (2) Higher Education Department. Technical Education department works under the department of Higher Education.
- The first Director General of Unique Identification Authority of India was Nandan Nilekani. UIDAI was created in June, 2009. J. Satya Narayana was appointed it’s part time chairman on 8th September 2016.
- Only the Parliament of India is empowered to change the name of any of the States. Besides, Parliament has the power to make changes in the area or alter the boundary of any State.
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- Sirimavo Bandarnaike was a Sri Lanken politician and the first woman to become the Prime Minister of any Country. She became the Prime Minister of Sri Lanka in 1960. She was sworn-in as Prime Minister of Sri Lanka three times, 1960-65, 1970-77 and 1974-2000.
- On 9 July, 2011 South Sudan was created as the newest and 193rd Country of the world. It’s current capital is Juba.
- UN observed the year 1975 as International Year for Women.
- After taking over as interim Prime Minister, Jawaharlal Nehru announced the foreign policy based on non-alignment which means ‘to stay away from international power groups and to develop an independent policy.
- Sweden is the first European Union country which officially recognized the State of Palestine in October, 2014. On 30 September, 2015 the Palestinian Flag was raised outside the UN Headquarter for the first time.
- Annie Besant was the first women Chairman of Indian National Congress. She chaired the 32nd session held in 1917 in Kolkata. While Madam Cama was famous for hoisting the National Flag of India on 2nd August, 1907 in International Socialist Conference held in Stuttgart, a city Germany.
- The International Day of Persons with Disabilities is celebrated every year on 3rd Since 1992, International Day of Persons with Disabilities has been celebrated annually on 3 December.
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