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Laxmikant Summary

Laxmikant Chapterwise Summary

Citizenship 2
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Constitutional and Non-constitutional Bodies w-17
Constitutional and Non-constitutional Bodies w-39

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Making of Constitution

Laxmikant Summary UPSCCurrent Drafting Committee

Keypoints

  • In 1935 INC for the first time officially demanded a CA to frame a constitution for india
  • In 1938 – JLN declared that constitution should be framed by CA elected on the basis of adult franchise.
  • Demand finally accepted by British in AUGUST OFFER in 1940
  • CRIPS proposal rejected by LEAGUE which wanted india to be divided with 2 CA
  • Cabinet Mission rejected the idea of 2 CA, but satisfied ML.
  • Composition of CA ::
    • It is constituted in NOV 1946 under Cabinet mission plan
    • Seats were reserved for muslims , sikhs etc.
    • The CA included all the prominent members of that time with exception of MG and MA Jinnah.

WORKING OF CA ::

  • CA first meeting on December 9, 1946. ML boycotted it. Attended only by 211 members.
  • Dr. SACHIDANAD SINHA the OLDEST member was elected as the temporary president /provisional president ( like French)
  • On DEC 11 1946 – RAJENDRA PRASAD – PRESIDENT .      HC MUKHERJEE – VP
  • BN RAO – CONSTITUTIONAL ADVISOR.
  • SN MUKHERJEE – Chief DRAFTESMAN of CA
  • After independence , the CA  also performed legislative functions::
    • It became the first PARLIAMENT ( dominion legislature) of independent INDIA
    • When met as CA chaired by RAJENDRA PRASAD
    • When met as LEGISLATURE chaired by GV MAVLANKAR- SPEAKER
    • These two continued till NOV 26 , 1949
    • Dr. RAJENDRA PRASAD became first PRESIDENT of India on JAN 24, 1950
    • The CA held its final session on 24 JAN 1950, it did not end and continued as PROVISIONAL PARLIAMENT from 26 JAN till 1951-52 elections.

UPSC Laxmikant

Important dates of Indian Constitution Important dates of Indian Constitution

COMMITTEES of the constitution ::

  • Major committees 

UPSCCurrent.com Major committees of Constitution

Minor committees ::

  • Committee on the function of CA – GV MAVLANKAR
  • Advisory committee on FR ,minorities , tribal and excluded areas – PATEL
  • Committee on chief commissioners province – B. PATTABHI SITARAMAYA.

Important Points

  • The constitution adopted on 26 NOV 1949 contained a preamble , 395 ART , 8 Schedule
  • With commencement of constitution , Indian Independence Act 1947 and GOI 1935 repealed. Abolition of Privy Council Jurisdiction was however retained ::
    • In britsih times – highest judicial authority was conferred on a body of jurist  called as “PRIVY COUNCIL”
    • It is nothing but a judicial  which heard appeals from various courts of British colonies including INDIA
    • Headquarter in london . Advisory body of king in mid 16th century.
  • FR came into force on 26 JAN 1950 not on 26 NOV 1949

Salient Features of Constitution

UPSCCURRENT.com Salient Features of Constitution

upsccurrent.com Borrowed features of Constitution

Imp points ::

Federal scheme and federation with strong centre confusion

  • Federal scheme is from GOI 1935
  • Federation with Strong Centre from Canada

Emergency Doubt

  • Emergency provision from GOI 1935
  • Suspension of FR during Emergency from WEIMAR Constitution

upsccurrent.com Schedules of Indian Constitution

Preamble

American constitution was the first to begin with a preamble.

It means “preface” or introduction to the constitution of india .

Comments by some authors ::

  1. NA PALKHIWALA, jurist, called it as identity card of the constitution.
  2. KM MUNSHI – horoscope of our sovereign democratic republic
  3. M HIDAYATULLA – it resembles the US declaration of independence, but it is more than that , it is the SOUL of the constitution.

It is based on the objective resolution moved and drafted by NEHRU.

42nd AA added ”  SOCIALIST, SECULAR AND INTEGRITY” (SIS) word.

Preamble UPSCCurrent UPSCCurrent.comPreamble UPSCCurrent Preamble UPSCCurrent.com

Preamble

Significance of preamble ::

  • It embodies the basic philosophy- political ,moral , religious
  • It reflect the dreams and aspirations of founding fathers of our constitution
  • Constitution should be read in the grand and noble vision of the preamble.
  • It is the key to the makers of the constitution :: SC in BERUBARI UNION CASE

Is preamble a part of constitution ?

  • BERUBARI UNION CASE :: 1960 ::  preamble NOT a part of constitution
  • KESAVNANADA BHARTI CASE :: 1973 :: preamble IS a part of constitution
  • LIC of India case 1995:: preamble IS a part of constitution.

It was enacted by constituent assembly after the rest of the constitution.

Preamble is neither a source of power to legislature nor a prohibition

  1. It is non-justiciable

AMENDABILITY::

  1. In kesav case SC held that it can be amended subjected to the “basic structure” – basic features can’t be altered under art 368
    1. If any of the elements are removed the structure will not survive
  2. Amendment in 1976 42nd AA – Socialist , Secular and Integrity (SIS)

Citizenship

Constitution contains neither any permanent nor any elaborate provisions wrt citizenship. It only identifies the persons who became the citizens of india at its commencement.

  • It does not deal with the problem of acquisition or loss of citizenship after 26 jan 1950!!!!
  • It empowers parliament to do all this, accordingly parliament enacted  Citizenship Act 1955 amended in 1986 ,1992 ,2003,2005.
  • Provisions in constitution

LOSS of CITIZENSHIP::

Citizenship UPSC
Laxmikant Summary- UPSCCurrent.com

Fundamental Rights

ART 12-35 part III

  • They are guaranteed to all persons without any discrimination.
  • They uphold the unity of the nation
  • They are meant to promote the ideal of political democracy.
  • They aim at establishing “government of laws and not of men”
  • They are fundamental because they are  guaranteed and protected by the constitution itself. All round development of individual.

Who is a state ?

  • ART 12 defines it.
  • GOVT PARLIAMENT EXE LEG LOCAL BODIES ,  TRUSTS , STATUTORY& NON STATUTORY AGENCIES.
  • Even a private body working as an  instrument of state falls within the meaning of state.

ART 13 :: law inconsistent with FR::

  • Provides for judicial review.
  • SC/HC under 32/226
  • Law means ::
    • Permanent laws
    • Temporary laws like ordinances
    • Delegated legislation like bye-law, notification
    • Non-leg sources of law like custom
    • CA – clause 4- nothing in this article shall apply to CA under 368, but SC in kesavnanda case said they can be challenged

FR-UPSCCurrent.com

upsccurrent.com

RIGHT TO EQUALITY 14-18

ART14

Article 14 Fundamental Rights

EXCEPTIONS to ART 14

ART 15,16

  • State shall not discriminate only on the grounds of RACE, SEX , CASTE , PLACE OF BIRTH, RELIGION
  • NO citizen shall be subjected to DISABILITY , LIABILITY , RESTRICTION or CONDITION on ground ONLY of above ::

ABOLITION OF UNTOUCHABILITY -ART 17

Fundamental Rights

UPSC Polity

UPSC Polity

Laxmikant Polity

DPSP

Part IV – ART 36-51.

  • Borrowed from IRISH constitution.
  • BR ambedkar – “NOVEL feature”
  • Granville austin – DPSP+FR= “conscience of the constitution”

Features ::

New Addition to the list

  • 42nd AA added 1976 -39, 39A, 43A 48A ,
  • 44thAA 1978- 38
  • 86th 2002- 45
  • 97th AA 2011 – CO-operative

Why not legally enforceable ?

  1. Country did not have sufficient financial resources
  2. Vast diversity of the country
  3. Newly born stste might be crushed under their obligations

CRITIQUE ::

  1. No legal force
  2. Illogically arranged
  3. Conservative
  4. Constitutional conflict

UTILITY ::

  1. IoI for govt
  2. Useful beacon light for courts
  3. Guide to state
  4. Amplify the preamble
  5. Facilitate stability & continuity in domestic and foreign policies
  6. Supplementary to part III ( they provide social and eco rights)
  7. Enable opposition to exercise influence& control
  8. Test for performance of govt
  9. Political manifesto

Cases and conflict with FR

Laxmikant Polity

Indian constitution is found on the bedrock of FR&DPSP, they are like two wheels of a chariot ,one no less than the other. To give primacy to one is to disturb the harmony of constitution – SC in menerva case

DPSPs outside part IV

  1. ART 335 – claims of SC/ST to service
  2. ART 350A – instruction in mother tongue
  3. ART 351 – development of HINDI language
  4. Equal importance- all parts of the constitution must be read together

Fundamental Duties

Important Points

  • Original constitution contained rights and not duties
  • Inspired by USSR
  • None of the major democratic countries like US, Canada , France , Germany, Australia contain a specific list of duties
  • Japan is perhaps the only democratic constitution which contains a list of duties
  • In 1976 SARDAR SWARAN SINGH COMMITTEE was set up to make recommendations about FD
    • It recommended inclusion of a separate chapter
    • Added part IVA , Art 51A -10 duties initially . 11th added by 2002 86thAA
  • Recommendations not accepted ::
    • Penalty or punishment for non-compliance of duties
    • Law imposing punishment can’t be challenged in courts
    • Duty to pay tax  should be a FD

List of duties ::

Laxmikant Polity  

VERMA COMMITTEE 1999 – identified the existence of legal provisions for implementation of some of FD

    • Prevention of insults to national honor act 1971
    • Protection of Civil Rights act 1955
    • IPC
    • UAPA
    • RPA
    • WPA
    • FCA

Amendments

ART 368 part XX deals with amending powers of the parliament

Procedure for Amendment

Laxmikant Polity

Criticism

  • No provision for special body for amending the constitution
  • Power to initiate only with parliament
  • Poor role of states
  • No time limit on state ratification , silent on whether state can withdraw their approval after according the same
  • No joint sitting
  • Too sketchy , scope for judicial intervention

Basic Structure

Laxmikant Polity

Emergency

PART XVIII -Art 352-360.

Constitution stipulates 3 types of emergencies   

 national emergency::

Laxmikant Polity

ART 356

    • It is inspired from section 93 of  GOI act 1935

FINANCIAL EMERGENCY

Laxmikant Polity

Judiciary

FEDERAL COURT OF INDIA ::

  • Estb in 1937  under GOI 1935, with original , appealate and advisory jurisdiction
  • It had  EXCLUSIVE jurisdiction over disputed between C and  provinces
  • Initially it was empowered to hear appeals from HC of the Provinces in the cases which involved the interpretation of the  GOI Act
  • Highest Court of APPEAL  Was BRITISH PRIVVY COUNCIL

Constitution has not prescribed the minimum age for appointment as a  Judge of HC

TRANSFER of HC Judge ::

  • The president can transfer after consulting CJI
  • Subject to judicial review
  • In 3 judges cases the SC held that in case of transfer the  CJI shall consult in addition to the collegium of 4 seniormost judges of SC, the CJ of the 2 concerned HCs
  • The sole opinion of CJI is not binding

UPSC Laxmikant

  • SC  has Original Jurisdiction in this respect, it is not EXCLUSIVE   like federal matters
  • The SC can issue Writs ONLY for the Enforcement of FR and not for Other Purposes
    • The Parliament can Confer on it the power to issue them for other Purposes
    • The parliament  can empower other Courts also.

EXEMPTION from Contempt ::

  • Innocent Publication and Distribution of some matter
  • Fair and Accurate report of  Judicial Proceedings
  • Fair and reasonable criticims of Judicial Acts
  • Comments on the administrative side of Judiciary
  • All these Do not amount to Contempt

Art 129 :: SC shall be a Court of Record and Shall have all the powers of such court Including the Power to punish for its Contempt

The difference with USA ::

  • In US Due process of law is followed which means courts can go into reasonableness
  • In case of India the Courts are not expected to go into that, they have to examine just that the powers is within the authority or not!!

ADVOCATES ON RECORD :: only these advocates are entotled to file any matter or document before SC

SENIOR ADVOCATE :: by SC or HC

  • By virtue of his ability , special knowledge , experience , standing at BAR
  • Not entitled to appear without an advocate on record in SC r without a junior in any court or tribunal
  • Not entitled to accept instructions to draw pleading or affidavits or any draft work.

OTHER ADVOCATES ::

  • Names on state bar council under Advocates Act 1961
  • Can appear and argue any matter on behalf of any party in SC but are not entitled to file any document or matter before the court.

  • The HC can issue writs for FR as for LEGAL rights
  • It can issue writs for any person , authority and govt NOT ONLY within its territorial Jurisdiction but also outside it if the CAUSE of action arises within its territorial jurisdiction
  • The writ power of HC is not exclusive but concurrent with the power of SC

UPSC Laxmikant

UPSC Laxmikant

HC ::

  • The institution of HC originated in India in 1862 when the HC were set up at Calcutta, Bombay, Madras
  • In 1866 a 4th HC was set up at Allahabad
  • After 1950 the HC of the provinces became HC of the corresponding states
  • The Constitution of India provides HC for EACH state, but the 7 AA 1956 Authorized the Parliament to establish a common  HC for 2 or more states and a UT
  • Delhi is the only UT to have its own HC ( since 1966)
  • The Parliament can extend the Jurisdiction of any HC to any UT or exclude it

Art 214 to 231  deals with it in Part VI

ORG and STRENGTH ::

  • Every HC has a CJ and such other Judges as the president may from time to time deem necessary to appoint.
  • The Constitution does not specify the strength of a HC and leaves it to the discreation of the PRESIDENT

REMEMBER ::

  1. In case of ACTING CJ and Retired Judges appointments , it is the judges of HCs
  2. In case of Additonal and Acting judges , it is the  DULY QUALIFIED person , for a temporary period not exceeding 2 years. They cannot hold office after attaining 62 years of age

Imp points ::

  • The HC can punish any person for  its CONTEMPT
  • The Jurisdiction of the HC in so far as they are provided In the constitution cannot be curtailed both by P & SL. BUT in Other respects the jurisdiction and Power of HC can be changed both by P and SL
  • HC is vested with the power to interpret the constitution
  • The constitution does not contain detailed provision wrt the jurisdiction and powers of the HC, it only says that  thay are to be the same as immediately b4 the commencement of the Constitution.
    • There is one addition though, the constitution gives HC Jurisdiction over REVENUE matters too
    • The constitution empowers the P& SL to change the jurisdiction and power of the HC
  • Laws and other governing powers of a HC ::
    • The LETTERS Patent ACT
    • Acts of PARLIAMENT
    • Acts of SL
    • IPC
    • CrPC
    • CPC
  • CONTEMPT of COURT powers ::
    • It has the power to punish for contempt of court, either with Simple imprisonment or with Fine or with Both
    • The EXPRESSIOn Contempt has nowhere been defined in the constitution
    • As a court of record it has also the powers to review its own decisions, even though NO specific power of review has been conferred on it by Constitution , the SC is conferred !
  • JUDICIAL review ::
    • Art 13 and 226 explicitly confer the power on HC
    • Any law or executive action can be challenged if ::
      • It infringes FR
      • It is outside the Competence of Authority which has framed it.
      • It is repugnant to the Constitutional provisions
    • 42 AA curtailed this power of HC, 43rd restored it
  • HC in India ::
    • TN and PUDu – Chennai
    • Kerala and LAKH – ERNAKULUM
    • PUNJAB , HR , CHAND – CHAND
    • ASSAM , NAGALAND, MIZO, ARUNACHAL – GUWAHATI HC
      • MANA – Mizo, Assam , NAGA, ARU
    • MEGH, TRIP, MANIPUR – their OWN HC – created in 2013

President

Some Imp Points ::

  • Where an assembly is dissolved, the members cease to be Qualified to vote in presidential election, even if the fresh elections to the dissolved  assembly are not held before the presidential election.
  • The system of PRSTV ensures that  the  candidate is returned by absolute majority
  • The SC has EXCLUSIVE AND ORIGINAL Jurisdiction in this case
  • OATH of Office of President , VP and Governor is given in Constitution itself!

Conditions of services::

  • He should be a citizen of india
  • Age 35 years
  • Qualified to be a LS member
  • No office of profit under centre, state or any Local Authority or any other PUBLIC Authority

Elections ::

  • 50 as proposers , 50 as seconders ( VP mein – 20)
  • Rs 15000 deposit in RBI , in both P and VP

Intergunnum mentioned in Constitution

Some special points ::

  • Things which can be done ONLY with President Prior Recommendation
    • Introduction of Money Bill
    • Bill for alteration of Boundaries
    • A bill which imposes or varies tax or duties in which states are interested
    • A bill which varies the meaning of “agriculture Income” as defined for the purpose of the enactment relating to  indian Income tax
    • A Bill which affects the principles on which moneys are or may be distributed to states
    • A bill which imposes Surcharge on  any specified tax or duty for the purpose of the centre
    • Bills imposing restrictions on freedom of trade and commerce
  • Should  be reserved for his assent ::
    • A bill imposing tax on any water or electricity stored, generated , consumed. Distributed or sold by any authority estb by Parliament for regulating or developing any inter-state river or river valley.
    • When the bill passed by state legislatures endangers the position of HC
  • Witholding of Assent hi Absolute Veto hoti h
    • Wrt Private members bill he has this power
    • When the govt falls and next govt says so
    • Cases ::
      • In 1954 Rajendra Prasad – PEPSU Appropriation Bill
      • 1991 – R Venkataraman held his assent to Salary, Allowance and Pensions of MPs (amendement) bill
  • Pocket Veto ::
    • Cases ::
      • 1986 – Zail Singh,  Indian Post Office Bill (restriction on freedom of press)
  • 24 AA 1971 – made it compulsary for President to give his assent for CA bills
  • His ordinance making power is co-extensive as regards to all matters except DURATION
  • Rules of LS  says that – when  a Bill seeking to replace the Ordinance is placed, a statement must also be placed
  • There is NO Provision for Salary of VP of India in that Capacity, he gets his salary as CHAIRMAN of RS

Trick ::

  • Pardon , reprive, respite , remission , Commutation
    • Relate Reprive to pardon ( time for getting pardon)
  • RESPITE – SP focus , Special  fact k basis pe less punishment
  • Relate Remmission to Commutation,
    • Commutation mein Character change isme Nopes

The power under art 72 of President is not subject to Judicial review EXCEPT when the decision is arbitary, irrational , malafide or discraminatory

When an early petetion ofr mercy has been rejected by President, stay cannot be obtained by filing another petetion.

UPSC Laxmikant

Vice-President

UPSCLaxmikant

UPSC laxmikant

UPSC Laxmikant

PM and COM

UPSC Laxmikant Polity

CM and COM

Governor

UPSC UPSC Laxmikant

UPSC Laxmikant

Parliament

In 1954 the Hindi Names RAJYA SABHA and LOK SABHA were adopted.

The Parliamentary form of govt emphasizes on the interdependence between legislative and executive Organs

RAJYA SABHA members – max 250, not more than 238 -states and Uts, 12 nominated

  • Present – 245 members, 229- states, 4 – Uts, 12 Nominated
  • Allocation of seats in RS dealt by 4th Schedule
  • State Representation ::
    • Members are elected by ELECTED members of Legislative Assembly
    • Election by PRSTV
    • Seats are alloted on the basis of population
  • UT representation ::
    • By a special College specially constituted for the purpose
    • PRSTV
    • Only Delhi and Pudu have representation in RS.
    • Art 80 – members shall be chosen as determined by Parliament by Law.
    • Section 27A of RPA 1950 provides for an electoral college for Uts, which shall be the same as that of Assemblies
  • Nominated Members ::
    • By president on the grounds of art, lit , social service, science ( MLC k case mein COOPERATIVE extra h)
    • The list is illustrative not exhaustive
    • America has no nominated members in Senate

LOK SABHA –

  • Art 81 – Composition of House of People
  • Seats ::
    • Max 552, less than 530 from states, 20 members from Uts, 2 Nominated
    • Current – 545 – 530+13+2
    • 61 CAA 1988 reduced the voting age from 21 to 18 years
  • UT representation ::
    • To be decided by Parliament by law, the Parliament enacted UT ( direct election to the house of the people) 1965.
  • Nominated members ::
    • Originally it is to last till 1960, but extended till 2020 by the 95th AA,2009

System of Elections ::

  • Each state is alloted a number of seats in LS in such a manner that the ratio between that number and its population is same for all states::
  • EXCEPTION – states with population <6 million
  • Art 82 – Re-adjustment by such authority as determined by Parliament by law
  • Delimitation commission was set up – 52,62,72,2002
  • Interstate seat variation fixed as per 1971 census, 42 AA 1976 upto 2000, extended to 2026 by 84AA 2001
  • Intra-state at 2002 census, latest,
  • 84th AA empowered it on 1991 census
  • 87AA 2003 on 2001 census
  • For J&K separate Delimitation Commission

Delimitation Commission ::

  • It is also known as Boundary Commission
  • Estb under Delimitation Commission Act
  • It is to redraw the boundaries of various LS and Assembly constituencies
  • The representation of states are not changed, However the representation of SC, ST are changed as per Census
  • It is a powerful Body whose orders cannot be challenged in the court of law
  • The orders are laid b4 LS and respective SLA, no Modifications are permitted
  • The orders come into force on the date specified by President in this behalf

Reservation of seats for SC STs::

  • Originally this reservation was upto 1960
  • Under 95th AA 2009, it was to last upto 2020
  • 87AA 2003 provided for refixing of reservation on the basis of 2001 census

95 AA 2009

    • Reservation of SC, ST extended upto 2020
    • Nominated members in LS, extended till 2020

DURATION Of 2 Houses ::

  • RS ::
    • 6 years not mentioned in the constitution, constitution has not fixed term
    • Parliament enacted RPA 1951, provides 6 year term
    • It also empowered the president to curtail the term of members chosen in first RS
    • It was decided by lottery in first batch
    • It also authorised the president to govern the order of retirement of members of RS
  • LS ::
    • 42th AA , extended life to 6 years, 44th restored it
    • Life can be extended during emergency

QUALIFICATION ::

  • LS – 25
  • RS -30
  • President -35
  • VP – 35 years

Disqualification under RPA ::

  • Election offences or corrupt practises
  • Imprisonment of > 2 years, preventive detention is no disqualification
  • Election expenses within time
  • No interest in any govt contracts, works or services
  • Not any office of profit in Corporation in which Govt has >25% stake
  • Convicted of promoting enemity between groups
  • Charged of corruption
  • Untouchability, Dowry, Sati etc
  • In thses cases of Disqualification President Decision is Final, should Consult Election Commission

VACATING of SEATS ::

  • Under RPA 1951 :: also under Art 101 in a broad way
  • If elected to BOTH the houses of Parliament – must intimate within 10 days his decision
    • Late, seat in RS becomes vacant
  • If a sitting member of one house is elected to other house
    • Seat in 1st House becomes Vacant
  • If elected to 2 seats in a House, must exercise his option for one
    • Both Seats becomes vacant
  • Cannot be a member of Both the parliament and State Legislature
    • His seat in Parliament becomes vacant if he does not resign from Sate Leg in 14 days
  • 60 days continuous absent

RESIGNATION ::

  • TO speaker or Chairman of House
  • Chairman or Speaker may refuse to accept it

OATH ::

  • Before election – by Election Commission or a person by it
  • After becoming MP – By president or a person appointed by him ( Protem Speaker)
  • Unless a member takes oath, he cannot vote and participate in the proceedings of the house and does not become eligible to Parliamentary privileges and Immunities . If he votes then liable to penanlty of 500Rs

Salaries and Allowances ::

  • Salaries, Allowances , and Pensions of MPs Act 1954
  • Salaries and Allowances of Officers of Parliament Act 1953

SPEAKER ::

  • Derives his power from , Constitution , Rules of Procedure. Conduct of Business of LS, Parliamentary Conventions.
  • Chairman of BAC, RC, GPC
  • Removal by Effective majority (majority of all the then members of the house), No need of agrreing of LS ( remember in case of Chairman it is effective majority by RS and agreed to by LS)!!
  • Voting difference when a resolution for removal is under consideartion ::
  • He can Vote in first instances like other MPs, but no deciding vote
  • Chairman cannot vote ( he is not a part of Parliament!!, he is not a member of either house of parliament)
  • He is the final INTERPRETER of Constitution, Rules of Procedure, Parliamentary Precedent, Conduct of Business of LS inside the House
  • He is the Ex-officio chairman of Indian Parliamentary Group, Inter-Parliamentary union, Conference of Presiding Officers
  • Appoints Chairman of ALL the Parliamentary Committees of LS and supervise their functioning
  • He is provided with the security of tenure. He can be removed ONLY only be LS resolution
  • The motion can be considered and discussed ONLY when it has support of 50 members
  • His work and conduct cannot be criticized in LS except when a motion for his removal is under consideration
  • His powers of regulating the procedure and conduct of Business are not subject to Jurisdiction of Court
  • Placed along with CJI in order
  • The Speaker and Dty Speaker do not take separate OATH
  • The date of Election of Speaker is decided by President and that of deputy Speaker by Speaker
  • The institution of speaker and deputy speaker originated in india in 1921 under the GOI Act 1919
    • At that time the speaker and deputy speaker were called as the President and Deputy President and the same nomenclature continued till 1947
    • In 1921 FREDERICK WHYTE and SACHIDANAND SINHA were appointed by GG as the first Speaker and D Speaker of CLA
    • In 1925 Viitthalbhai Patel became the first INDIAN and FIRST ELECTED Speaker
    • The GOI Act 1935 Changed the nomenclature to S&DS, however the old nomenclature continued as the federal part is not implemented
    • GV MAVLANKAR and A AYYAGNAR had the distinction of being the first Speaker and D S of Lok Sabha

BILLS KA LAFDA ::

  • Koi bhi BILL if it is in LS ( whether originating in it or pending in it) lapses
  • In case of RS ::
  • Agar RS ka RS mein hi h tab to no lapse
  • If passed to LS then LAPSE

Motion ::

  • No discussion on a matter of general public importance can take place except on a motion made with the consent of presiding officer
  • The House expresses its decisions or opinions on various issues through the adoption or rejection of motions moved by either ministers or private members.

These are of 3 types ::

  • SUBSTANTIVE Motion:: it is a self contained independent proposal dealing with very important matters like impeachment of prez or removal of CIC or Judge etc
  • SUBSTITUTE Motion :: Substitute to an original motion and proposes an alternative to it, if adopted then it supersedes original motion
  • SUBSIDIARY Motion :: it itself has no meaning without Original motion or proceedings of the house. It is of 3 types ::
    • Ancilliary Motion – regular way of proceeding with various kind of Business
    • Superseding Motion – moved in the course of debate to supersede an issue
    • Amendment ::  it seeks to modify or supersede ONLY a part of original Motion

CLOSURE MOTION ::

    • Motion moved by a member to cut short a debate on a matter before the house
    • If motion is adopted the debate is stopped and is put to vote
    • There are 4 kind of Closure Motion ::
      • Simple Closure – matter sufficiently discussed now put to vote
      • Closure by Compartment – grouped into Parts and then each part put to vote
      • Kangaroo Closure – ONLY imp clauses are taken
      • GUILLOTINE Closure – when non discussed clauses are also put to vote along with discussed ones

Point of Order  ::

  • A member can raise the point of order when the proceeding of the house do not follow the normal rules of procedure
  • It should relate to the interpretation or enforcement of the Rules of the House or Such articles of the constitution that regulate the business of the House
  • The question must be within the Cognizance of the Speaker
  • It is usually raised by opposition member in order to control the govt
  • It is an extraordinary device as it suspends the proceedings of the house
  • No debate is allowed on a point of order

Special Mention ::

  • A motion which is not a point of order or which cannit be raised during Question Hour, Zero Hour or otherwise can be raised under Special Mention in RAJYA SABHA

Rule 377 :

  • Equivalent to Special Mention of RS, in LS

RESOLUTIONS ::

  • Can be moved by members to draw the attention of the house to matters of general public interest
  • The discussion on the matter is strictly relevant to and within the scope of the resolution
  • A member who has moved the resolution cannot withdraw the same except by the leave of the house
    • Pvt member
    • Govt resolution
    • Statutory resolution – can be moved by pvt member or a minister
      • It is always tabled in pursuance of a provision in the constitution or an Act of Parliament
  • ALL RESOLUTIONS are Substantive Motions, ALL Resolutions are Put to Vote

Legislative Procedure in Parliament ::

  • It is identical in both the houses of Parliament
  • It has to pass through the same 3 stages
  • Both public and pvt bills are governed by same procedure

Types of Bills ::

  • ORDINARY Bills
  • 5 stages ::
    • 1 – Publication in Gazette
    • 2- Detailed Scrutiny , the Bill assumes its final shape

Stage of general Discussion – details are not discussed

      • Can take it immediately into consideration
      • Refer to joint or select committee
      • Circulate it for Public Opinion

Committee Stage

      • Committee examines the bill clause by clause, can also move amendments

Consideration stage::

      • Each clause is discussed and Voted upon separately
      • Members can also move amendments
    • 3 – either accept or reject the bill as a whole
      • No amendment
  • Same stages in second house also
  • Option for second house ::
    • Reject the bill – chapter close
    • Amendment made – not acceptable to first house – Joint Sitting
    • Amendment made acceptable – pass
    • No action for 6 months – deadlock – joint sitting

Money Bills

  • Dealing with Art 110 alone
  • A bill is not deemed to be a money bill by reasons ONLY that it provides for ::
    • The imposition of fines or other pecuniary penalties
    • Demand or payment of fees for licenses or fees for services rendered
    • Imposition, abolition , remission, alteration or regulation of any tax by any local authority or body for local purposes
  • It can be introduced ONLY in LS and that too on the recommendation of President
  • It is Govt Bill
  • President can either give his assent or withold it
  • RS has restricted powers wrt Money Bills
    • It cannot reject or AMEND a Bill it can ONLY make recommendations
  • It is a Money Bill if it deals with the following matters
    • The imposition, abolition, regulation, remission, alteration of ANY tax
    • Borrowing – regulation of Borrowing of money by Union Govt
    • CUSTODY of Consolidated Fund of India or Contingency Fund of India
    • They payment of Money into or withdrawl of money from any such fund
    • The Appropriation of Money out of Consolidated Fund of India
    • Expenditure Charged on the Consolidated Fund of India
    • The receipt of Money on account of the CFI or PAI or issue of money from such Funds
    • Audit of the Account of the Union or state

Financial Bills

  • They deal with Fiscal matters, revenue or expenditure
  • Category 1 – 117 (1)
    • Art 110+ some else
    • Similarity with Money Bills ::
      • Both of them can be introduced Only in LS and not in RS
      • Only on President recommendation
    • Joint sitting possible
  • Category II – 117 (3)
    • No matter of Art 110
    • Involves expenditure from CFI
    • Treated as an ordinary Bill and in all respect governed the same way
    • Special feature ::
      • Cannot be passed y either house unless the president has recommended to that house  for the consideration of the Bill
    • No need of prior pres permission
    • Can be introduced in either house

Joint Sitting ::

  • Not available to Money Bills or CA Bills
  • Speaker presides, guided by Rules of LS only
  • No amendment can be proposed except in 2 cases ::
  • Cause of disagreement
  • Due to time
  • Eg ::
  • Dowry Prohibition Bill , 1960
  • Banking Service Commission (repeal ) Bill 1977
  • Prevention of Terrorism Bill 2002

BUDGET ::

  • Art 112 deals with it!
  • It contains the following ::
    • Estimate of Revenue and Capital Receipts
    • Ways and Means to raise the revenue
    • Estimates of Expenditure
    • Details of ACTUAL receipt and Exp of the previous year and reasons for it
    • Economic and Financial Policy for Coming Year
  • No MONEY Bill imposing Tax shall be introduced in the Parliament except on the recommendation of president
  • NO tax Shall be levied or collected except by authority by law
  • Parliament can reduce or abolish tax but cannot increase it
  • The estimates of expenditure embodied in the budget shall show separately the Expenditure Charged on CFI and Exp made from it
  • The Budget shall distinguish between Exp from revenue account to other accounts.
  • Voting on demand for grant ::
    • It is the exclusive privelege of LS
    • It is confined to the votable part of the budget
    • Expenditure Charged is not submitted to vote
  • Cut Motions ::
    • Policy Cut – disapproval of Policy underlying the demand,
      • Members can advocate an alternative policy
      • Demand be reduced TO Re 1
    • Economy Cut – amount be reduced by a specific amount
    • Token Cut Motion – a specific grievance that is within the sphere of responsibility of GOI
      • Demand be reduced by Rs 100
  • Vote on Account – given to Govt till Budget is passed

FINANCE BILL

  • To give effect to the Finance proposal of GOI
  • Subjected to all the conditions of a money Bill
  • Unlike APPROPRIATION Bill, the amendment can be made to it
  • As per Provincial Collection of Taxes Act 1931, the Finance Bill must be passed by Parliament and  assented to by Pres in 75 days
  • It legalises the income side of the Budget and Completes the process of enactment of Budget

GRANTS ::

  • SUPPLEMENTARY GRANT – amount found to be insufficient for a particular service in the current year
  • Additional GRANT – for additional exp upon NEW Service not contemplated in the Budget
  • EXCESS Grant – Money spent in excess on any service during a financial year
    • Voted by LS AFTER the Financial year
    • Before the demands are submitted they must be approved by PAC
  • VOTE on CREDIT – to meet UNFORESEEN EXP
  • EXCEPTIONAL Grant – for special purpose and forms no part of current service of any FY
  • TOKEN Grant – Reappropriation , Re 1is submitted to vote by LS

FUNDS ::

CFI – Art 266 –  All receipts are credited and  all payments are debited

  • Revenues received by GOI
  • All loans arised by GOI by means of treasury bills, ways and means
  • Money received by GOI in repayment of Loans from CFI
  • ALL the legally authorized payment from GOI are made from it
  • NO Money from it can be appropriated Except by law

CFI – 267 ::

  • The Constitution AUTHORIZED the Parliament to establish a CFI into which amount determined by law are paid from time to time
  • Contingency Fund of India Act,1950
  • Placed at the disposal of President, he can make advance out of it to meet unforeseen exp
  • Held by Fin Secy on Prez behalf
  • Like PAI it is operated by executive action

PAI – Art 266

  • All other Public Money (other than CFI) received by or on behalf of GOI shall be credited to it
  • Provident Fund Deposits
  • Judicial deposits
  • Saving bank deposits
  • Departmenrtal deposits
  • Remittances
  • Executive manages it

PARLIAMENTARY COMMITTEES ::

  • Constitution of India makes a mention of these but without any specific provision regarding their composition, tenure etc

Features ::

  • It is appointed or elected
  • Works under the direction of speaker or Chairman
  • Presents its reports to the House or to the Speaker/Chairman
  • Has a secretariat provided by LS/RS
  • Consultative Committees are not a part of it

PAC –

  • First set up in 1921 under GOI 1919
  • 22 members ( 15 LS +7 RS)
  • Members elected every year by PRSTV
  • Chairman appointed by SPEAKER from amongst its members, from LS Only
  • CANNOT intervene in day to day administration
  • Not an executive body so cannot issue an order
  • Conducts post-mortem examination

EC ::

  • Origin can be traced back to the standing committee set up in 1921
  • First EC in Post Independent India was constituted in 1851 on the recommendation of JOHN mathai
  • Originally 25 members , now 30 MEMBERS
  • All from LS
  • Examines Budget estimates ONLY after they have been approved by parliament
  • Works in nature of Post Mortem

CPU::

  • Created in 1964 on the recommendation of Krishna Menon Committee
  • Originally 15 members , now 22 ( 15+7)
  • Members elected by PRSTV
  • Chairman by Speaker , can be from RS too
  • Works in the nature of Post Mortem

Other facts about them ::

  • Committees only in LS ::
  • Estimate Committee
  • Committee on Pvt member Bill and resolutions ( same function in RS performed by BAC)
  • Committee on absence of members ( RS no such committee)

Joint Committee

  • PAC
  • CPU
  • Committee on welfare of SC/ST
  • Committee on Empowerment of Women
  • Joint Committee on Office of Profit
  • Library Committee
  • Joint Committee on salary and allowances of members 15 members

CONSULTATIVE Committees::

  • They are attached to various ministries or dept of Govt
  • They consist of members of both the houses
  • The Minister is the Chairman
  • It provide forum for informal discussion
  • They are constituted by Ministry of Parliamentary Affairs
  • Membership is Voluntary
  • Max strength is 30 and min is 10
  • Normally constituted after new LS and dissolves with it
  • Meetings during the session and also in between

Informal Consultative Committees for railways::

    • MPs belonging to that Zone are a part of it
    • Meetings are to be arranged during SESSION ONLY!!

State Legislature

SEATS IN LA ::

  • SAG – ARUNACHAL , SIKKIM , GOA – minimum number  fixed at 30
  • MN – Mizoram, Nagaland – 40 & 46 respectively
  • Some members in Sikkim and Nagaland  are also elected  INDIRECTLY

Composition of Council ::

  • Max strength – 1/3 of LA = 1/3*500 = 166.6667  = 167 seats
  • The scheme of composition of council is tentaive and   not final, the Parliament is authorized to modify or replace the same. It has not enacted any law so far ( C-S disparity eg )
  • Members retire every 2nd year as per the provisions made by PARLIAMENT

ASSEMBLY::

  • Term can be extended for 1 year during NATIONAL EMERGENCY by a law of Parliament

Qualification ::

  • Under RPA ::
    • To get eleceted to LA, a person must be an elector for an assembly constituency within the state
    • For reserved seat – he must be a member of  SC or ST if he wants to contest seat reserved for them
  • For council ::
    • He must be an elector in a constituency of the state
    • For NOMINATION ::
      • He must be a resident in the CONCERNED STATE
      • Iska matlab baki sab mein resident zaruri koni, bas ELECTOR

SOME SPECIAL POINTS ::

  • The COUNCIL does not participate in the election of the president  and  RS
  • The COUNCIL has NO Effective say in the ratification of a Constitutional Amendment Bill. The Will of the assembly prevails
    • The Constitution os not clear on this point whether a bill of CA  referred to the states for ratification by  their leg shall include Vidhan Parishad too. In practise the Will of LA has to prevail , as it can pass it again to LC and it has to agree

Some facts ::

  • Highest seats – UP for both
  • Who is an ANGLO INDIAN ?
    • He is a person whose father or any other male progenitor in the male line is or was of EU descent
    • But who is DOMICILED within the territory of India and is or WAS born within such territory of parents habitually resident therein and not for temporary purpose only

Election Commission

Election Commission regarding ::

  • Remember their salary , allowances and perks are similar to that of JUDGE of a SC
  • Their removal procedure is also similar to that of a SC Judge
  • Conditions of services decided by president
  • Age of retirement and tenure, salary mentioned in EC and CEC Conditions of services Act 1991
  • The Expenditure is NOT Charged on CFI , unlike UPSC and CAG
  • Service Conditions cannot be varied to their Disadvantage after his appointment.
  • The Constitution has not debarred its members from further appointment
  • Powers and Functions ::
    • Territorial Area of the electoral Constituencies throughout the country on the basis of  Delimitation Commission  Act of Parliament
    • To notify the dates and schedules of the elections and to scrutinize the nomination papers
      • The president issues NOTIFICATION for election on such dates as recommended by EC
      • For states it is GOVERNOR
      • Announcement of election is by EC
    • To act as a court for settling dispute related to granting of recognition  to political parties and allotment of election symbols to them
    • The commission is assisted by deputy EC, they are drawn from Civil Services and appointed by Commission on the basis of TENURE System
    • EC appoints CEO at state level
    • Collector is the DEO or District Returning officer
      • He appoints presiding officers for every polling booth
  • Administrative machinery ::
    • EC appoints CEO – supervise and conduct elections of the state
    • DEO – under super, direction and control of CEO
      • Who appoints  – ECI
      • He appoints polling and other  presiding officers
    • Observers -Nominated by EC
      • He shall have the power to direct the returning officer for the constituency to stop vote counting at any-time or not declare the result
    • Returning officers – by EC for a Constituency ::
      • He examines the nomination papers
      • Announces result
      • He is responsible for CONDUCT of elections in a Parliamentary Constituency
    • ALL are under EC
    • ELECTORAL REGISTERATION OFFICER is responsible for preparation of Electoral Rolls in Parliamentary Constituency
      • Appointed by ECI

SEC ::

  • Art 243 K
  • Conditions of service and tenure decided by  GOVERNOR, Subject to provisions of any law made by State Legislature (same in case of ECI)
  • Removal – as a HC Judge
  • Conditions cannot be varied after appointment

Random ::

  • UAF is a feature of Indirect Democracy, as in Direct Democracy people directly take decisions
    • India has an indirect democracy. Direct democracy is one in which people exercise their supreme power directly. Four devices of direct democracy are -Referendum, Initiative, Recall and Plebiscite. In indirect kind of democracy political representatives are are elected by the people.

Electoral Reforms ::

  • Committees ::
    • Tarakunde Committee – by JP during his Total revolution Campaign in 1974
    • Dinesh Goswami Committee on ER 1990
    • Vohra Committee on Nexus between Crime and Politics 1993
    • Indrajit Gupta Committee on state Funding of Elections 1998
    • Law Commission of India report on Reform of Electoral Laws 1999
    • NCRWC 2002, M Venkatchailah
    • ECI report of proposed ER 2004
    • 2 ARC, Ethics in Governance 2007
    • Tankha Committee in 2010 , to look into whole Gamut of Election laws and Electoral reforms
  • Reforms before 1996
    • Lowering of Voting age – 61 CAA 1988, reduced from 21 to 18 for LS as well as Assembly
    • Deputation to EC
    • Increase in Number of Proposers ::
      • Number of Electors who are to act as Proposers for Elections to RS or SLC was increased to 10% of the Electors or 10 Voters whichever is less, in 1988
    • EVM
      • The EVMs were used for the First time on Experimental basis in selected Constitutencies in Assembly elections in RJ, MP, Delhi
      • For  the first time used in a State Election is in GOA in 1999
    • Booth Capturing :: provision was made for Countermanding f=of Elections in case of Booth capturing
  • OF 1996
    • Listing of Names of candidates :: Recognized, Registered-unrecognized, independent
    • In Alphabetical Order
  • For Insulting national honour ::
    • Convicted of offence under Prevention of insults to national honour Act of 1971
    • He is disqualified to Contest elections to Parliament and SL for 6 years
    • Offence for insulting national Flag, Constitution, national Anthem
  • Prohibition of Sale of Liquor::
    • Till 48 Hours ending with the Hour for Conclusion of polls,  within polling area
  • Number of proposers ::
    • Only one in case of Recognized Political Party
    • 10 in case of not recognized
    • In case of parliamentary of state Constituency
  • Death of a Candidate :: new nomination within 7 days, in case of recognized party
  • Time Limit  for By-election’
    • Within 6 months of Occurrence of vacancy in P or SL
    • Not in case of ::
      • Where the reminder of term of the member was < 1 year
      • When EC in Consultation with Centre certifies that  it is difficult to Hold Elections
  • Contestants restricted to 2 Constituencies, for general as well as By-elections
  • Prohibition of Arms ::
    • Not applicable to returning officer, Presiding officer, Police officer or any other person appointed to maintain Peace
  • The minimum gap between last date of Withdrawal of candidature and Polling date has been reduced from 20 to 14 days

AFTER 1996

  • P and VP elections ::
    • Proposers and Seconders for P increased from  10 to 50 and for VP from 5 to 20
    • Amount of Security deposit increased from 2500 to 15000 for Both
  • Voting via Postal Ballot ::
    • In 1999
    • Any class of persons can be Notified by EC in consultation with  Govt
    • The person can give Vote by Postal Ballot and not any other manner
  • Proxy ::
    • In 2003, tp Armed Forces officers and members to which ARMY Act apply
    • They have to appoint a  proxy in prescribed Format and intimate the returning Officer
  • Declaration of Criminal cases, Assets etc ::
    • In 2003 ECI issued an order for every candidate
      • Prior to 6 months weather he has been accused of any Pending cases
        • Any offence punishiable for .> 2 years
      • Assets of a Candidate and his or her Spouse and that of Dependents
      • Liabilities
      • Educational Qualifications ::
    • Furnishing any Wrong info is now an Elctoral Offence Punishiable with 6 Months imprisonment or Fine or Both
  • Changes in RS elections ::
    • Domicile requirement done away
    • Open ballot- show to Party whom you are Voting
  • Free Supply of Rolls ::
    • For candidates of RECOGNIZED political Parties
  • Contributions ::
    • Parties can accept any amount from any person or company other than Govt Company
    • Any income in excess of 20000 Disclose
    • Get Income tax Exemption
    • Now Soemthing Changed in FCRA, parties can get Foreign Funding
  • Allocation of Time on National Media ::
    • On the basis of Past performance of a  recognized Political Party

Since 2010 ::

  • Since 2009, Conducting Exit polls and Publishing Result would be Prohibited
    • During the period Notified by ECI
    • Imprisonment upto 2 years or Fine
  • Time Limit for  Submitting a case of Disqualification
    • Guilty of Corrupt practises
    • 3 month time limit, within which the Authority has to Submit the case to President for determination of Question of Disqualification
  • Increase in Security Deposit ::
    • In LS from 10000 to 25 000, for SCST  5000 to 12500
    • For SLA –  5000 ti 10000, For SCST 2500 to 5000
  • Appeal against any order of  Electoral registeration officers to DM, ADM, etc
    1. They can then forward it to CEO

ANTI DEFECTION LAW ::

  • 52 AA 1985 provided for Disqualification of MPs or MLAs
  • 91AA 2003 made a change::
    • Omitted Split Clause- So Disqualification applies now in case of Split also
  • Disqualification ::
    • Memebrs of political Parties ::
      • Voluntary gives up membership
      • Votes or abstains from Voting, against Party wishes
        • Such an Act had not been Condoned by Party Within 15 days
    • Independent members ::
      • If he joins any Political Party
    • Nominated ::
      • If he Joins after 6 Months
  • Exceptions ::
    • If a member goes out of Party as a result of merger of party, A merger takes place when 2/3 of the  memebrs agree to it
    • In case of Speaker
  • Deciding Authority ::
    • Presiding officer of the House
    • Originally it provide that decision of Presiding officer is final and cannot be challenged
      • In KIHOTO HOLOHAN case SC declared the provision as Unconstituional
      • Presiding officer acts as Tribunal, so can be Challenged
      • Subject to Judicial review
  • Rule making Power ::
    • Presiding officer
    • All Such rules must be placed within 30 days in front of the house
    • He may direct that any willfull contravention of any such  ruke may be treated as  breach of privilege of the House
    • Presiding officer can take case ONLY when he receives a complaint from a member of the house
    • Befor taking the final Decision the officer must give member a Chance to Submit his application
    • Hence Defection  has no immediate and automatic Effect
  • Advantage ::
    • Political stability
    • Reduces corruption
    • Constitutional Recognition to political Parties
    • Democratic realingment of Parties by Way of merger
  • Disadvantage ::
    • Ni differentiation between  Dissent and Defection
    • Distinction between individual and Group Defection is irrational
    • No Expulsion of legislature in  case of Activities outside the legislature
    • Discrimination between Independent and Nominated members
    • Competency of Deciding authority
  • 91 AA 2003 :::
    • COM < 15% of the total strength of LS
    • < 15% , > 12 in case of LA
    • A member so Disqualified shall also be disqualified from holding a ministerial Position
    •  disqualified to hold any remunerative political Post
      • Any office under central or State Govt where the salary is paid from Public revenue
      • Aby office under a body which is wholly or partially owned by CG or SG
    • Split case

CAG

UPSC Polity

CAG :: Imp Points ::

  •  Oath is same as a SC Judge –  FSFU
  • Removal same as SC Judge (like ECI)
  • Salary same as SC Judge ( Same as ECI)
  • COS of persons in CAG  IAAD are set up by President after Consulting CAG
  • Tenure 6/65, like ECI it is also not mentioned in Constitution ( UPSC ka yes h)
    • No for NCSC NCST FC LMO
  • Art 149 – Duties and Powers to be prescribed by PARLIAMENT
    • P enacted CAG (Powers and COS ) Act 1971, amended 1976 to separate accounts from audit
  • AUDIT ::
    • CFI, CFS , CFUT (having a Legislative Assembly ) – Exp of each state and C
    • Contingency Fund and PAI of C&S – Expenditure
    • Dept of C&S – trading, mftg, profit and loss, balance sheets etc
    • Receipt and Exp of C and Each state
      • All bodies and authorities substantially financed by Cor S
      • Govt Companies
      • Other Corporations when required by laws
    • Any authority when requested by P or Governor eg- local Bodies
    • He ascertains and certify the net proceeds of any tax or duty (art 279), his certi is final
    • Compiles and maintains account of state Govt, in 1976 he was relieved from doing this to C
  • He submits 3 reports : PAF ::
    • Public undertakings
    • Appropriation  Account- Actual Exp vs Exp sanctioned
    • Finance Account – annual rceipts and disbursement of Union Govt
    • The Prez lays them down in P after  which they are Examined by PAC
  • Role ::
    • To Uphold the Constitution and LAWS of Parliament in the field of Financial Administration
    • He is an agent of P and Conducts Audit on behalf of it
    • He is responsible ONLY to P
    • No minister can  represent him in P and no minister can be called upon to take his responsibility
    • CAG has no Control over the issue of Money from CFI
  • AUDIT :: CORPORATIONS
    • Totally by CAG – DVC, Oil and Natural Gas Commission, Air India, Indian Airlines Corporation
    • Professionals appointed by Govt in Consultation with CAG ::
      • Central Warehousing CORP
      • Industrial Finance CORP
      • CAG may conduct supplementary audit
    • Totally PVT ::
      • LIC
      • RBI
      • SBI
      • FCI
      • Submit report directly to Parliament
    • GOVT Companies ::
      • By Pvt auditors in Consultation with CAG
      • CAG can undertake Supplementary Audit
  • AUDIT Board :
    • Estb in 1968 as a part of office of CAG
    • To associate outside specialist and experts
    • On the recommendation of ARC
    • Consist of Chairman and 2 members appointed by CAG himself

Attorney General Advocate General

AG::

  • Solicitor general and ASG are statutory, governed by LAW OFFICERS (Services ) Rules 1987
  • Art 76 does not mention SG and ASG
  • Advocate general :: Art 165
    • Unlike AG he has no right to audience in all courts
  • Term, COS, Renumeration not in Constitution
  • Enjoys office as per Pleasure of P or G

UPSC SPSC JPSC

UPSC Polity

Finance Commission

Finance COmmission

NCSC NCST

NCSC NCST

Special officer for linguistic minorities

NHRC

CVC

CIC SIC

Lokpal
Accordion Content
Special States

ART 371-371J in part XXI of the constitution

Why special ?

  • The intenstion is to meet the aspirations of the people of the backward areas
  • Protect the cultural and economic interest of the tribals
  • Deal with disturbed law and order of the state
  • To protect the ineterest of the local people of the state

MAHARASHTRA STATE ::

  • Art 371 of the Constitution, the President is authorized to provide that the Governor of MH and GJ would have special responsibility for ::
    • The establishment for separate development boards for
      • Vidharba , marathawada and rest of MH
      • Saurashtra, Kutch and rest of GJ
    • Making a provision that a report on the working of these boards would be placed every year b4 the SLA
    • Equitable allocaton of funds for the development of these regions ::
    • Equitable arrangement providing adequate facilities for technical Education and Vocational training and adequate Employment opportunities in the STATE SERVICES in the Areas

NAGALAND :: ART 371 A::

  • Acts of PARLIAMENT relating to the Following would not apply to NAGALAND unless the SLA provides ::
    • Religious or Social Practises of NAGAS
    • Naga Customary laws and Procedure
    • Administration of Civil and Criminal justice involving decisions as per  NAGA Customary Laws
    • Ownership and transfer of land and its resources
  • GOVERNOR :: LAW and ORDER
    • Shall have special responsibility for LAW and ORDER of the state
    • He must consult COM but exercise his discreation , his  decision is FINAL
    • This SPECIAL responsibility ceases when the PRESIDENT so DIRECTS
  • GOVERNOR :: MONEY ::
    • The money provided by the CENTRAL GOVT shall be used for the same purpose and not diverted
  • GOVERNOR :: Regional Council ::
    • A RC consisting of 35 members should be Established for TUENSANG district
    • The GOVERNOR shall make rules for ::
      • Composition
      • Manner of Choosing its members
      • Qualification, Salary , Term
      • Procedure and Conduct of Business in Council
      • Appointment of officers and staff of the Council and their COS
      • Any other matter related to RC
    • TUENSANG ::
      • For a period of 10 years from the formation of NAGALAND or for such period as the Governor shall specify on the RECOMMENDATION of   REGIONAL COUNCIL, the following provision would operate ::
        • Administration by GOVERNOR
        • GOVERNOR Shall in his DISCREATION arrange for equitable distribution of MONEY provided by Centre between TUENSANG district and  rest of NAGALAND
        • Any act of SLA shall not apply to TUENSANG unless Governor Directs on the advice of RC
        • He can make regulation for Peace, progress and Good governance of the T, it may repeal any act of parliament or any other law of the district.
        • There SHALL be a Minister for TUENSANG affairs In the State COM, he is to be from members representing the T in SLA
        • Final DECISION is to be made by GOVERNOR in all matters , in his Discreation
        • Members of T in SLA are not elected directly but by RC

ASSAM – 371 B :: key words –  TRIBAL COMMITTEE

  • PRESIDENT is empowered for the creation of a  COMMITTEE of the Assam LA consisting of the members elected from the TRIBAL AREAS of the state and such other members as he may specify

MANIPUR – 371 C:: HILLY COMMITTEE

  • COMMITTEE by President of MLA consisting of members from Hill areas of the state
  • PRESIDENT can direct that the GOVERNOR should SUBMIT an annual report to the PRESIDENT regarding admin of HILLY AREAS
  • CENTRAL GOVT can give direction to the STATE GOVT as to the administration of HILL areas

ANDHRA – 371 D&E ::

  • 371 D::
    • The PRESIDENT is empowered to provide for the EQUITABLE opportunities and facilities for the people belonging to different parts of the state in matters of ::
      • PUBLIC EMPLOYMENT
      • EDUCATION
      • Different provisions can be made for various parts of the state
    • PRESIDENT may require the State Govt to Organize CIVIL POSTS and  LOCAL CADRES for different parts of the state and provide for DIRECT RECRUITMENT to posts in local cadre
    • He MAY specify parts of the state which shall be regarded as the local area for admission to any Educational institution
    • He MAY also specify the extent and reservation given in matter of direct recruitment to post in any SUCH CADRE or any Such EDUCATIONAL institution
    • He MAY provide for the establishment of an ADMINISTRATIVE TRIBUNAL in the state to deal with certain and grievances relating to ::
      • APPOINTMENT
      • ALLOTMENT or PROMOTION to CIVIL POSTS in the state
      • It is to function OUTSIDE the purview of STATE HC ( except SC)
      • President can abolish it when done
  • 371 E::
    • Empowers the PARLIAMENT to provide for the establishment of a CENTRAL UNIVERSITY in the state.

SIKKIM :: 371 F ::

  • 36th CAA 1975 added it
  • The SIKKIM LA is to consist of members > 30
  • One seat to Sikkim in LS and it forms one Parliamentary constituency
  • For protecting the rights and interest , the PARLIAMENT is empowered to provide ::
    • Number of SEATS in the SLA which may be filled by candidates belonging to a section
    • Delimitation of the ASSEMBLY Constituencies from which candidates belonging to such sections alone may  stand for ELECTIONS to Assembly
  • GOVERNOR ::
    • Special  responsibility for PEACE
      • Social and economic development of different sections
    • For such duties he SHALL act in his discreation subject to Direction issued by PRESIDENT
  • The PRESIDENT can extend ANY LAW to SIKKIM which is in force in a state of INDAIN UNION

MIZORAM :: 371 G ::

  • ACTS of P would not apply to MIZORAm unless SLA provides , related to ::
    • Religious or social practises of MIZOS
    • Mizo customary laws and procedure
    • Administration of Civil and Criminal justice related to their Customary laws
    • Ownership and Transfer of LAND
  • MLA is to consist of not less than 40 members

ARUNACHAL :: 371 H ::

  • GOVERNOR ::
    • He shall have special responsibility for LAW and ORDER
    • Consult Com , but act in  his discretion,
    • This responsibility ceases when PRESIDENT directs
  • ALA is to have not less than 30 members

GOA :: 371 I ::

  • GLA is to consist of not less than 30 members

KARNATAKA :: 371 J:: 98th CAA 2012

  • PRESIDENT is Empowered to provide that GOVERNOR of KR would have special responsibility for ::
    • Separate development BOARD for HYD-KR region
    • Report on the working of Board to be placed b4 SLA
    • EQUITABLE allocation of Funds for the development of the region
    • RESERVATION of SEATS in ::
      • EDUCATIONAL
      • VOCATIONAL institutions
      • For the students belonging to that region
      • RESERVATION in the STATE GOVT POSTS for that REGION

Local Bodies

PANCHAYATS ::

  1. Under the provincial autonomy scheme introduced by GOI 1935. LSG was declared a Provincial Subject
  2. Under the Dyarchial Scheme Introduced by GOI Act 1935, the Local Self Govt became a transferred subject under the Charge of a responsible Minister
  • The Act (PRI ACT) gave a constitutional status to the PRI and  had brought them under the justiciable part of the constitution.
  • Ministries dealing with them (Urban LB or Municipalities) ::
    • MoUD – states
    • MoD – Cantontment Boards
    • MHA- UTs including NCT
  • The state leg can provide representation to ::
    • Persons having special knowledge or experience in municipal administration without the right to vote in meetings of municipality
    • MLA and MPs or MLCs
    • Chairpersons of Committees other than Ward Committees
  • POWERS and FUNCTION ::
    • The state leg may endow the Panchayats with such powers and authorities as may be necessary to enable them to function as institutions of self-govt
    • It may contain provision wrt ::
      • The preparation of plans  for economic development and social justice
      • The implementation of schemes for economic development and social justice
  • FINANCES ::
    • The state leg may authorize a PANCHAYAT to
      • levy, collect and appropriate taxes, duties and tolls and fees
      • Assign to a panchayat  duties , taxes, tolls and fees collected by state
      • Provide for grant in aid from the CFS
      • Provide for constitution of FUNDS for crediting all moneys of the PANCHAYATS
  • ELEVENTH SCHEDULE list ::
    • Agriculture
    • Land improvement,  land consolidation, soil conservation
    • Minor Irrigation, water management and water-shed development
    • Animal Husbandry, dairying and Poultry
    • Fisheries
    • Social Forestry and FARM forestry
    • Minor Forest produce
    • Small scale industry
    • Fuel and Fodder
    • Non-Conventional Energy
    • Education – Primary and Secondary
    • Technical training and Vocational Education
    • Adult and Non- formal education
    • Rural Electrification
    • Family Welfare
    • Health and Sanitation
    • Women and Child development
    • PDS
  • COMPULSARY and VOLUNTARY PROVISION ::
    • COMPULSARY ::
      • Org of GS
      • Estb of Panchayat at Village. Inter and District level
      • Direct elections to all seats
      • Indirect election to Chairperson
      • Reservation to SC, ST , Women
      • Fixing tenure of 5  years at all levels, holding fresh election within 6 months
      • SEC
      • SFC
    • Voluntary ::
      • Giving representation to MP/MLA
      • Reservation for OBCs
      • Granting Power and Authority to Panchayat
      • Devolution of Powers and responsibility to prepare plans for economic development, social development
      • Granting Financial Powers to powers
  • PESA ACT ::
    • Part IX is NOT applicable to Schedule AREAS or 5th SA, there are 9 states  which have 5 schedule areas
    • Parliament may extend it via PESA
    • OBJECTIVES ::
      • To provide self rule to bulk of the population
      • To have village governance with participative democracy and to make GS a Nucleus of all activities
      • To have a framework consistence with traditon
    • Features ::
      • The state leg must ensure that GS at appropriate level must be endowed with ::
        • Power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant
        • The ownership of MFP
        • Power to prevent alienation of land
        • Power to manage village market
        • Power to exercise control over moneylending to the ST
        • Power to exercise control over institutions and functionaries in all social  sectors
        •  the power to control local plans and resources for such plans including tribal sub-plans

MUNICIPALITIES ::

  • A brief timeline ::
    • In 1687-88 first Municipal Corporation was set up in MADRAS
    • In 1726 MC were set up in Bombay and Calcutta
    • Lord MAYO’s resolution of 1870 on Financial Decentralization visualized the development of LSGs
    • Lord RIPPON’s Resolution of 1881 is known as MAGNA CARTA of LSG
    • The ROYAL COMMISSION under HOBHOUSE  was appointed in 1907
    • Under the DYARCHIAL Scheme for Provinces in GOI 1919 LSG became a transferred subject under the charge of a responsible minister.
    • In 1924 CANTONTMENT Act was passed
    • Under the Provincial autonomy of GOI 1935, LSG was declared a Provincial Subject
  • 74th AA deals with art 243 W
  • Composition ::
    • ALL the members of a MUNICIPALITY Shall be directly elected by people
    • The STATE LEG MAY provide for the manner of election of the CHAIRPERSON
    • SL MAY also provide for representation of ::
      • Persons having special knowledge or exp in Municipal administration without a right to VOTE
      • To MP MLA or MLCs
      • Chairperson of Committees except Ward Committees
  • WARD COMMITTEES ::
    • The state leg may make provision for composition of them and territorial area of them
    • For population of 3 lakh  or more, with one or more wards
  • RESERVATION OF SEATS – PANCHAYAT SE alag h THODA
    • For SCST in proportion to their population in every Municipality
    • Not less than 1/3 for women
    • SL MAY provide for reservation of seats for CHAIRPERSONS, OBCs
      • Remember CHAIRPERSON in case of PANCHAYAT – Compulsary tha
  • AUDIT of ACCOUTs– Voluntary function not Compulsary for them like Panchayats
  • EXEMPTED AREAS ::
    • Schedule and Tribal areas in a state
    • The power and function of DARJEELING GORKHA COUNCIL
  • DPC ::
    • Every state SHALL have them
    • SL MAY make provision for::
      • Composition
      • Manner of election
      • Function
      • Manner of election of chairperson
    • 4/5 of the members should be elected by elected members of  district Panchayats and Municipalities from among themselves
      • Representation in ratio of Rural to urban Population
  • MPC
    • Every Metropolitan Area SHALL have them ::
    • SL MAY make provision for ::
      • Upar wale 4 +
      • Representation in such committees of Central Govt, State Govt and other Org
    • 2/3 of the members should be elected by the  elected members of Municipalities and Chairpersons of Panchayats in the  MP area
      • Representation in ratio of proportion of population in Municipality and panchayat in MP area
  • Types of URBAN GOVT ::
    • MUNICIPAL CORPORATION ::
      • For big cities like BOMBAY, KOLKATA etc
      • Estb by the acts of concerned SL, can be a single act or different for different
        • So STATUTORY or Constitutional ?
      • It has 3 authorities ::
        • COUNCIL –  directly elected by people
          • Deliberative and leg wing
          • Headed by a MAYOR– presides over meetings
        • STANDING COMMITTEE – deal with Education , health, finance etc
        • COMMISSIONER
          • For implementation of decision taken by Council
          • CEO
          • Appointed by State Govt
    • MUNICIPALITY ::
      • For smaller cities and towns
      • By the  ACTS of SL or for Uts by Parliament
      • It has 3 authorities ::
        • COUNCIL –  directly elected by people
          • Also consist of nominated members having knowledge or exp in Municipal admin
          • Composition governed by 74th AA
          • Deliberative and leg wing
          • Headed by a MAYOR– presides over meetings
            • Unlike the MAYOR of MC, he plays a significant role and is the pivot in administration
        • STANDING COMMITTEE – deal with Education , health, finance etc
        • COMMISSIONER
          • For implementation of decision taken by Council
          • CEO
          • Appointed by State Govt
    • NOTIFIED AREA COMMITTEE::
      • For 2 types of areas ::
        • Fast developing industrial town
        • A town which does not fulfil all the conditions of a Municipality but which is considered imp by GOVT
      • Estb a Notification in GAZETTE
      • It functions within the framework of state MUNICIPAL ACT but only those features which are notified apply to it
      • It may also be entrusted to exercise power under any other act
      • UNLIKE Municiaplity it is entirely a nominated BODY
      • NEITHER ELECTED nor STATUTORY Body
    • TOWN AREA COMMITTEE ::
      • Semi municipal authority
      • Created by a separate act of SL, composition, functions are governed by the ACT
      • It may be wholly elected or Wholly nominated or both
    • CANTONTMENT BOARD ::
      • For CIVILIAN population in CANTONTMENT area
      • The CANTONTMENT ACT 2006 replaced the CA of 1924
      • Works under defence Ministry
      • It consist of partly elecetd and partly nominated members ::
        • Elected members hold office for 5 years
        • Nominated till they are in the area
        • The commanding military officer is the ex-officio president and presides over meetings
        • VP elected
        • Executive Officer appointed by PRESIDENT, he belongs to CENTRAL CADRE
    • TOWNSHIP ::
      • Extension of administration of Industry like NFL ho gaya
      • Enterprise himself appoints the administrator
      • It has no elected members
    • PORT TRUST ::
      • For 2 purposes ::
        • To manage and protect PORTS
        • To provide CIVIC AMENITIES
      • It is Created by an ACT of PARLIAMENT
      • It consist of both elected and NOMINATED members
    • Special Purpose Agency ::
      • The states have set up certain agency to take up designated work
      • They are function and  not area based
      • They are known as single or UNI purpose
      • They are estb as statutory bodies by an act of SL or as Dept by Executive Resolution
      • They function as Autonomous Bodies
      • They are not SUBORDINATE to Municipality
  • CENTRAL COUNCIL of LOCAL GOVT ::
    • Set up in 1954
    • Constituted under ART 263 by an order of PRESIDENT
    • Originally known as CENTRAL Council of LSG
    • Till 1958 dealt with both Rural and Urban Local Govt, after1958 only Urban
    • It is an advisory body
    • Members ::
      • Minister of URBAN development of Centre – Chair
      • Ministers of LSG in states
    • Functions ::
      • Recommending policy matters
      • Making proposal for leg
      • Cooperation between C-S
      • Common prog of action
      • Recommending Central Finance assistance
      • Reviewing the work done by Local Bodies with Central assistance

Federalism

  1. Unitary govt is one in which all the powers are vested in the centre and regional govt if at all exist they derive their power from centre . A federal govt on the other hand is one in which powers are divided in the constitution itself and both operate in their respective fields
  2. Countries with unity character :
    1.  unity character  Britain , japan , italy , china , france , belgium
    2. Federal : US canada australia swiz russia brazil
federal unitary
Dual government Single govt
Written constitution May be
Division of powers no
Supremacy of constitution May be
Rigid constitution May be
Independent  judiciary May be
Bicameral legislature May be
    1. The US is the first and oldest federation of the world
    2. Why india federal – a) large size of the country b) diversity
    3. The term federation is nowhere mentioned in the constitution , india is described as “union of states”
      1. Not a result of agreement
      2. It is an indestructible union of destructible units
    4. India federalism is based on the canadian model
      1. In its formation
      2. In ite use of term union
      3. In its centralising tendency
    5. Unitary features of indian constitution
      1. Strong centre – union list has more subject than state list
        1. Centre has overriding authority over the concurrent list
        2. Residuary powers are also vested in the centre
  • States not destructible
      1. Parliament by simple majority can change the area , name of the state
  • Single constitution
    1. Only exception is J&K
      1. Flexibility of  the constitution
        1. Amendement procedure is less rigid
        2. Power to initiate an amendement lies only with the centre
  • No equality of state representation
    1. Rajya sabha kin gal h
      1. Emergency provisions
  • Single citizenship
      1. Like canada
  • Integrated judiciary
      1. Unlike US
  • AIS
  • CAG and EC
      1. Power of rajya sabha u/a 248
  • Governor
    1. Like canada
    1. Veto over state bills
      1. Governor can reserve certain bills for president assent
      2. President has absolute veto over the state bills
  1. Critical evaluation
    1. K santhanam – 2 factors for centre dominance
      1. Planning commission
      2. Control over finances
    2. Morris jones – bargaining federalism
    3. Ivor jennings – indian constitution is federal with adequate safeguards for enforcing unity and growth
    4. Granville austin – cooperative federalism
      1. Though constitution has made strong centre it has not made states weak. It is a new kind of federation to meet india’s peculiar needs
    5. Ambedkar – constitution avoids tight mould of federalism and could be both unitary as well as federal depending on the requirements
  2. SR BOMMAI CASE :
    1. Federalism is a basic feature of the constitution
    2. States are not satellite or agents of the centre
    3. Emergency is an exception and not a rule
    4. Federalism in indian constitution is not a matter of administrative convenience but one of principle
  • Federalism is a system of government in which power is divided between central government and various constituent units of the country
  • Only 25 of the world’s 192 countries have federal structure but they constitute 40% of the population
  • Under the unitary system either there is a single level of government or the sub units are subordinate to the central government
  • In a federal system the central government cannot order state government to do something
  • Key features of federalism:
    • There are 2 or more levels of government
    • Different tiers cover the same citizens
    • Jurisdictions of each tier is mentioned in the constitution
    • Fundamental provisions of the constitution cannot be unilaterally changed
    • Courts have the power to interpret the constitution and the powers of different levels of the govt.
    • Sources of revenue are clearly specified
    • It has dual objective of promoting unity and protecting diversity
    • An ideal federal system has both aspects : mutual trust and an agreement to live together
  • Coming together federation – US AUZ and SWIZ
  • Holding together – INDIA, SPAIN and BELGIUM
  • Union list –  items are there because we needed  to have a uniform policy on these matters throughout the country
  • Constitutional provisions are necessary for the success of federalism but not sufficient
  • Our constitution does not give legal status of NATIONAL language to any one language , hindi is the official language
    • Hindi is the mother tongue of only 40% of the indians
    • The use of english for official purpose was to stop in 1965
    • According to census 2001 there are more than 1500 distinct languages
    • Even after groupings the number stands at 114
    • Hindi 40  , Bengali 8%    Telgu 7  marathi 6.99   tamil 5.93  urdu 5.01
  • Why decentralization ?
    • People have better knowledge of their locality
    • Efficiency is resource utilisation
    • Direct democratic participation
  • Both municipalities and municipal corporations are controlled by elected bodies  consisting of elected representatives
    • Municipal chairperson is the political head of municipality
    • In a municipal corporation he is known as mayor
  • FEDERAL and UNITARY Features ::

 Federal characters of the Indian union include:

  1. Dual Polity
  2. Written constitution
  3. Division of powers
  4. Supremacy of the constitution
  • Rigid constitution
  • Independent Judiciary
  • Bicameralism

Unitary features of the constitution:

  1. Strong centre
  2. States not indestructible
  3. Single constitution
  • Flexibility of the constitution
  • No equity of state representation
  1. Emergency provision
  2. Single citizenship
  • Integrated judiciary
  1. All India services
  2. Integrated Audit Machinery
  3. Parliament’s Authority over state list
  4. Appointment of the Governor
  5. Integrated election machinery
  • Veto over state bills

Political Parties

  1. Voluntary associations or organised group of individuals who share same political views and who try to gain political power through constitutional means and who desire to work for the promotion of national interest
  2. Classification of parties on the basis of ideologies :
    1. Radical parties  – left
    2. Liberal parties – centre
    3. Reactionary and conservative – right
  3. There are only 3 kind of party system in the world
    1. One party system – USSSR , China ,
    2. Two party system – USA Britain
    3. Multiparty system – India , france , Italy , Swiz
  4. Why multi party system in india ?
    1. Large size and high diversity
    2. Adoption of universal adult franchise
    3. Peculiar type of Political process
  5. Rajni kothari called indian party system as one party dominance system
  6. Lack of clear ideologies
  7. Based on traditional factors
  8. Large regional parties
  9. Factionalism and defection
  10. Lack of effective opposition
  11. EC –
    1. Recognises parties as national and state on the basis of poll performance
    2. Every national party is alloted a symbol throughout the country whereas every state party is alloted a symbol  exclusively reserved for its state use
    3. A registered unrecognized party can select from a list of free symbols
  12. Conditions for recognition as :
    1. National party :-
      1. 6% of valid votes polled in 4 or more states (either LS or LA) AND it win 4 seats in LS from any state or states
      2. 2% of seats in LS from 3 states
      3. Recognized as state party in 4 or more states
    2. As state party :-
      1. 6% of valid votes polled in LA + 2 seats in assembly of the state
      2. 6% of valid votes polled in LS in the state + 1 seat in LS from the state
      3. 3% of seats in LA or 3 seats whichever is more
      4. 1/25 seats in LS or any fraction alloted in LS elections
      5. 8% of the total valid votes polled in LS from state or to LA
    3. Criteria for recognizing a political party in the state if any of the 2 conditions are fulfilled
      1. If it has been engaged in political activity for continuous 5 years and has at the at the last elections (LS or LA) returned
        1. Either ,Atleast 1 member to LS for every 25 members of that house from the state
        2. Or ,Atleast 1 member to LA for every 30 member
      2. The total number of valid votes polled by the candidates of such party in the last election to lS or LA shall be > 6% of all the total valid votes polled
    4. If a political party is treated as a recognized party in  4 or more states it shall be treated as national party ,if less than 4 states then state party in the state or states so recognized
  • A political party is a group of people who come together to contest elections and hold power in the government
  • The parties reflect the fundamental division in the society
  • It has 3 components :
    • Leader
    • Active members
    • Followers
  • Parties form and run govt
  • They provide people access to govt services and schemes
  • The rise of political parties is directly linked to the emergence of representative democracies
  • We cannot consider 1 party system as a good option because it is not a democratic option , any democratic system must allow atleast 2 parties to compete
  • India has multiparty system because of its geographical extent and diversity

Pressure Groups

  1. Term originated in USA. It is a group of people organized actively for promoting and defending their common interest.
  2. They influence policy making as well as policy implementation in the govt through legal and legitimate means like , publicity , lobbying , debating etc
  3. Three techniques used by them :
    1. Electioneering – trying to place favourable person in office
    2. Lobbying – persuading public officers
    3. Propagandaing – public opinion
  4. Business groups – FICCI  ASSOCHAM
  5. Trade unions – AITUC INTUC CITU (centre of india trade unions)
  6. Agrarian groups
  7. Professional associations : IMA BCI AIFUCT
  8. Student organisations : ABVP NSUI AISF
  9. Religious organisations : RSS VHP SAD
  10. Caste group
  11. Linguistic group
  12. Ideological group
  13. Tribal org – NSCN, PLA manipur, United Mizo federal org
  14. Anomic group – spontaneous breakthrough in the political system from society such as riots , demonstrations , assassinations etc . They are alienated from the political system- NAXALITE, DAL KHALSA, Jammu and Kashmir Liberation front
  • Pressure Groups – they are organisations that tend to influence government policies , but they do not directly aim to control or share political power
  • Movements – they are also like interst groups who try to influence policies of the govt rather than seeking actual power , howerver unlike them they have a loose organisation
  • Interest groups – they seek to,promote the interest of a particular  interst group or society , their principal concern in their group not society in general
  • Promotional groups or public interst groups – they promote collective interst rather than selective
  • While movements and interset group do not wish to directly engage in political parties. Most of them take stance without being a party , they have a political  ideology and political position on major issues

National Integration ::

  • National Foundation for Communal haromony ::
    • Set up in 1992
    • Autonomous Body under MHA
    • Promotes Communal harmony, integration and  Fraternity
  • National Integration Council ::
    • Set up In 1961, folowing a decision taken at Conference” unity in Diversity”
    • PM as Chair, Home, CMs, Chairman of UGC, Educationalists, NCSC, NCST

Parliamentary and Presidential Form

  1. Article 74 and 75 deal with Parliamentary system at central level and article 163 and 164 at state level
  • The Parliamentary system is one in which  executive is responsible to legislature for its policies and acts
  • The presidential system is one in which the executive is not responsible to the legislature for its policies and acts, and is constitutionally independent of the legislature in respect of its term of office
  • Parliamentary eg – Britain , Canada , India
  • Presidential – USA, Brazil , Russia , Sri Lanka
  • Parliamentary is also known as responsible govt , Presidential is also known as non-responsible system
  1. FEATURES  of Parliamentary System ::
    • Nominal and Real executive – President , PM
    • Majority Party Rule –  political party which has  majority forms govt
    • Collective Responsibility – Art 75
      • The principle of collective responsibility implies that LS can remove the ministry by passing the No-Confidence Vote
    • Political Homogenity – usually members of the COM are of same party
    • Double membership – the ministers are members of Both Leg and Exe
    • Leadership of PM – arey bhai PM form of govt h!!
    • Dissolution of Lower House –  it can be dissolved by Prez on PM recommendation
    • Secrecy – OATH of Ministers
  2. FEATURES of PRESIDENTIAL Form::
    • President is both head of State and Govt
    • He is elected by an electoral college for a fixed period
    • He cannot be removed by congress except by impeachment
    • He governs with the help of kitchen cabinet
    • The president and his secretaries are not responsible to CONGRESS for their acts. They neither possess membership in congress nor attend its sessions.
    • The president cannot dissolve the lower house
    • The doctrine of separation of power
    • De-Merits ::
      • Conflict between leg and exe
      • Non-responsible govt
      • May lead to autocracy
      • Narrow representation
    • Merits
      • Stable Govt
      • Definitness in policies
      • Separation of powers
      • Govt by Experts
  3. Merits of PARLIAMENTARY system
    • Harmony between legislature and Executive
      • The exe is a part of leg and both are interdependent at work
      • Less scope for disputes
    • Responsible govt
    • Prevents Despotism
    • Ready Alternative Govt
    • Wide representation
  4. DEMERITS ::
    • Unstable govt
      • The ministers depends on the mercy of majority legislatures for their continuity and survival in office
      • No confidence can topple govt
        • VP Singh  – 1990
        • DEVE GOWDA -1997
        • AB BAJPAYEE – 1999
        • MORAJI Desai – 1985
        • First moved against NEHRU in 1963 by JB Kriplani
      • No continuity of policies
      • Dictatorship of Cabinet
      • Against separation of powers
        • Leg and exe together are inseparable
      • Govt of AMATEURS
  5. Why India opted for it ?
    • Familiarity with the system
    • Preference to More Responsibility over Stability
    • Need to Avoid leg-exe conflicts
    • Nature of Indian Society – Diverse , so more representation
    • SWARAN Singh Committee said in 1975 that  Parliamentary System is Doing well and must be continued.
  6. Distinction with Britain ::
    • India is a republic and Britain is Monarch
    • Britain is based on Doctrine of sovereignty of parliament , in India Parliament is not sovereign, due to written constitution , federal set up, judicial review and FR
    • In Britain PM should be a member of Lower House , in india any house
      • Indira gandhi , Deve Gowda and Moonmoon Singh from RS
    • Usually members from parliament are appointed as ministers , in India neither can become but must acquire membership in 6 months
    • No SHADOW Cabinet in India

Committees and Forums

Cabinet Committees ::

  • They are Extra-Constitutional Bodies
  • They are not mentioned in constitution , however the Rules of Business provide for their Establishment
  • They are of 2  types – Standing and Ad-Hoc (temporary)
  • They are Set up by PM from time to time
  • Their membership, nomenclature , numbers varies
  • They usually Include ONLY cabinet ministers, However Non-Cabinet ministers are Not debarred from its membership
  • MOSTLY headed by PM, sometimes by others too, but if PM is a part then he is the Head
  • The cabinet  can review their decisions
  • They are Organisational Device  to reduce the enormous Workload of the Cabinet of the Cabinet
  • They are based on the Principle of Division of Labour and effective delegation
  • List of Committees ::

Parliamentary FORUMS ::

  • The first PF on Water Conservation and management was Constituted in 2005::
  • At present there are 6 ::
    • WYCPGD ::
      • Water Conservation and management
      • Youth
      • Children
      • Population and Public Health
      • Global warming and Climate Change
      • Disaster management
  • Objectives ::
    • To provide platform to members to have interaction with the ministers, experts and key officials with a view to have focussed and meaningful discussion
    • To sensitise members about key areas of concern and also about ground level situation
    • To provide them latest knowledge, so that they can raise matter effectively on the floor
    • They will not interfere with or encroach upon the jurisdiction of the Dept related Standing Committees of the ministry/Dept Concerned.
  • Composition ::
    • The Speaker of LS is the President of All Forums EXCEPT Forum on POPULATION and PUBLIC Health wherein the Chairman of RS is President and speaker is co-president
    • VP – Deputy speaker and Dt Chairman , concerned Ministers, Chairman of Departmentally related Standing Committees , are Ex-Officio VP of the RESPECTIVE Forums::
    • EACH Forum Consist of NOT More than 31 members ( Excluding President and Ex-officio VP)
      • Not more than 21 from LS and Not more than 10 from RS
    • Members are NOMINATED by Speaker/Chairman from amongst the leaders of various of Various Political Parties or their nominees, who have special  knowledge or keen interest in the subject
    • The Duration of Members is Co-terminus with the membership of the Houses
    • Resignation to Speaker or Chairman
    • Meetings are held During Parliamentary Sessions
    • Secy general of LS is the Secy to the Forums

Rights and Liabilities

Rights and Liabilities of the Govt

Art 294-300 in Part XII of the constitution deal with property, contracts, rights, liabilities, obligations and suits of the Union and States

Constitution makes the Union or states as Juristic or legal Persons

Property of the Union  and the states ::

  • All property and assets that were vested in the Dominion of India or a province or an Indian Princely state, b4 the commencement of the constitution became vested in the Union or the corresponding state
  • Same goes for rights, liabilities and obligations

Escheat, Lapse and Bona Vacantia ::

  • Any property in India that would have accrued to King of England or ruler of Indian State by ::
    • Escheat – death of a person without any heir
    • Lapse – termination of rights through disuse or failure to follow appropriate procedures
    • BONA VACANTIA – Property found without any owner
  • Would now Vest in state if it is situated there, else in Union

SEA WEALTH ::

  • All lands, minerals and other things of value under the waters of ocean within the
    •  territorial waters of India
    • Continental shelf
    • EEZ
  • Vests in the Union, a state near the  coast cannot claim Jurisdiction over these

COMPULSARY ACQUISITION by LAW ::

  • P & SL can make laws about it, Private property
  • 44 AA 1978 has also abolished the constitutional obligation to pay compensation in this regard except in 2 cases::
    • In case of Minority Educational Institutions
    • When the govt acquires land of a person under his personal cultivation within statutory limits

ACQUISITION under EXECUTIVE POWER::

  • The Union or state can acquire, hold and dispose property under the exercise of its Executive power
  • It extends to carrying on any trade or business within and in other states also

SUITS by or AGAINST Govt ::

  • Art 300 deals with it
  • It lays down that GOI may sue or be sued by the name of the Union of India and of state by that name, State of UP etc
  • For Suits and proceedings thus Union of India and States are legal entities (Juristic personalities), not the Govt of Union or Govt of states
  • Regarding the extent of liability Art 300 declares that the union of India or states can sue or be sued in relation to their respective affairs in the like cases as the dominion of India or princely states might have been sued b4 the Constitution
  • It is  subject to any law made by P or SL, no such law so far
  • In the pre-constitutional period, the govt is suable for contracts but not Torts (wrongs committed by its Servants) in respect of sovereign functions

Liability for Contracts ::

  • The Constitution lays down 3 conditions which must be fulfilled b4 entering into any contracts, trade or buseiness etc
    • They must be expressed to be made by President or Governor
    • They must be executed on behalf of the President or Governor
    • They must be executed by such authority or person or in such a manner as the President or Governor may direct
  • These Conditions are mandatory, failure can render the contract Void
  • President or Governor is not Personally liable for Contracts made in his name, similarly the office executing is also not liable
  • This immunity is purely personal and does not immunize the Govt from Contractual liability, making the govt suable in contracts
  • So the contractual liability of Union or State Govt is same as that of an individual in the ordinary law of contract  which has been the position since the days of East india Company

Liability for Torts ::

  • The EIC was suable for its functions as a trader but not as a sovereign
  • It is  based on the English Law that ” King can do no Wrong”, King was not liable for its servants
    • The Traditional Immunity of Crown from any Legal Liability  for any action has been done away by the Crown Proceedings Act (1947), However the Position in India Still remains the same
    • Therefor the Govt in india can be sued for Torts (civil wrongs) only in respect of Non-Sovereign Functions but not In Sovereign Functions like administering justice, constructing a military road, commandering goods during war etc
    • This distinction was estb in P&O Steam Navigation Company case 1861, reaffirmed by SC in  KASTURILAL Case 1965, However in a large number of cases SC  gave restrictive interpretation and gave compensation to Victims
    • In NAGENDRA RAO case 1994, SC Criticized the Doctrine of Sovereign Immunity and adopted a liberal approach wrt Tortous liability of the state
      • When a citizen suffers due to negligence of the state, the state have to pay compensation and it cannot hide behind Sovereigm functions
      • In modern Sense the Distinction  between Sovereign and Non -Sovereign Functions do not Exist
      • For mains see page – 61.3:
    • In Common cause case SC again examined the whole doctrine and rejected the Sovereign immunity rule
    • In Prisoner Murder case 2000, Sc ruled that kasturilal case is no longer binding

Suits against Public Officials ::

  • Immunity to President and Governor ::
    • Official Acts – the P and Gov cannot be sued during their term of office or thereafter, for any acts done in official capacity
      • However the Official Conduct can be reviewed by the Courts, tribunal or any body authorized by any house to investigate impeachment
      • Further the aggrieved person can bring appropriate proceeding against Union of India or states instead of P or Gov
    • Personal Acts – No criminal proceeding against them nor can they be arrested or imprisoned
      • This immunity is limited to the term of their office only
      • Civil Proceedings can be started after giving 2 months   notice in advance
  • Ministers ::
    • The Constitution doe not grant any Immunity to them for their Official  Acts
    • They are not liable for their advice to President and courts are barred from inquiring into it
    • For personal acts they can be sued like ordinary citizens
  • Judicial officers ::
    • They enjoy Immunity from any liability in respect of their official Acts, cannot be sued
    • The Judicial officers protection Act (1850) lays down that No person acting Judicially shall be liable to be sued in any civil court for any act done by him in his official capacity
  • Civil Servants ::
    • Personal immunity from Legal liability for official  contracts, but it is the govt
    • If the contract is made without complying with the conditions specified in Constitution, then he  is!
    • Legal liability for Tortuous Acts in respect fo Sovereign Functions
    • The liabiity of Civil Servant for torts or illegal acts is same as any ordinary citizen
    • Civil proceedings  against them after giving 2 months notice in advance, for anything done in their official capacity
    • No such notice needed for acts outside official capacity

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