Monday, May 23, 2011

political science notes for IAS

Strategy of IAS Officers for Prelims (Gen.Studies)

The analysis of the way IAS Toppers prepared for the GS Prelims highlight the following points:-
"    GS Prelims preparation is not only about how much you study but also about how you study i.e. about the strategy.
"    Even though certain aspects of the strategy differ from one person to another, there are certain very important commonalities in the strategy of various toppers.
"    4 to 5 hours of regular preparation for 5 months is sufficient for preparing GS Prelims provided.
You know what the trend of the exam is
You read the right material for each topic
You know what areas to emphasis
You have your study material organized in such a form so as to facilitate the revision in the last month before the exam.
One of the major problems encountered by the students is due to the vastness of the terrain of the GS Prelims. It can be resolved by dividing the areas into - Core areas, Important areas and Optional areas.
CORE AREAS
Current Affairs (including India Year Book), Indian Polity and Modern Indian history must form the foundation of your preparation on which no compromises should be made. Not only the majority of questions in prelims are asked from these areas but they also form significant portion of Mains G.S. Paper-1. The question paper analysis of last 4 years shows that current affairs section is getting more and more important every year. This makes regular reading and compilation of newspapers indispensable .Various competition magazine are not at all sufficient; they can only supplement your daily self-made newspaper notes. While reading newspaper always keep a good Atlas (preferably Orient Longman) with you as more and more questions are getting location oriented e.g. instead of asking the venue of APEC meet they might ask you to locate the place on world map.
IMPORTANT AREAS
After the core areas, next on the list of priority are Indian Economy, Geography and Ancient & Medieval history. In case of Geography, physical geography especially Indian physical geography is very important. Map based questions and questions on locations, lakes, rivers, mountain ranges etc. are being increasingly asked. Map of India (particularly physical) should be properly studied. Same is true about world map albeit with lesser intensity. Economics along with basic concepts, study of Economic Survey and relevant chapters of INDIA Year Book would be helpful.
OPTIONAL AREAS
These are those tricky areas such as Science and Technology, GMA etc. which on ultimate cost-benefit analysis should come later on the list of priorities. Obviously the academic background of the student would play an important role in it.
For students having a non-science background, there is a note of caution. The analysis of previous papers points to the fact that the questions related to these areas are becoming more specialized and less general. Hence it is advisable to do only basic minimum on these areas. Also it should be kept in mind that you would be able to attempt questions successfully only if you had revised these areas thoroughly. For this NCERT unto 10th standard alongwith NBT's HUMAN MACHINE would be suffice.
Same is true for General Mental Ability wherein questions are becoming tougher year after year. Here student should analyze his/her own strengths and weaknesses. For those who are not comfortable with mental ability can put it last on his/her list of priorities.
The whole idea is that the Prelims marks are not added while making the final list of merit. Generally, a student scoring around 80 questions correct in GS is through with it. However, the ever toughening competition makes it mandatory to score 90+ correct questions to be on a safer side. It also offsets the variations in cut-off marks that happen year after year. Furthermore, this kind of score also helps even if you haven't done well in the optional. Our experience says that over the years, General Studies has become the deciding factor as far as Prelims is concerned.
Right Approach alongwith Right Material & Right kind of Notes holds the key to your success in Prelims.
Apart from focus on specific areas and subjects such as Polity, Constitution, Economy, History, Geography, Science etc., the need is to walk an extra mile to be successful. It is essential to be vigilant and cultivate an attitude of being receptive to the events and changes that are happening around you.
Remember "Eternal vigilance is price of success"!
HISTORY

Modern Indian History: NCERT 8th and 12th std.     Ancient and Medieval History: NCERT    Spectrum for Mains (make out the relevant portions for prelims)

ECONOMY

Tata Mcgraw Hill's Indian Economy section.        Pratiyogita Darpan special issues
Vajiram Notes        ECONOMIC SURVEY and INDIA YEARBOOK.
POLITY
Our Parliament by Kashyap (for beginners)        Our Constitution by Kashyap (for beginners)     D.D.Basu        Bare Act    Vajiram notes (relevant portions)
GEOGRAPHY
NCERT Books of 6th, 7th, 8th and 10th     NCERT on Regional Geography
Atlas (preferably Orient Longman)
SCIENCE
NCERT books up to 10th std.        Human Machine (NBT)
Biology from Unique & Tata Mcgraw Prelims Guides (relevant portions)
CURRENT AFFAIRS and MISC
THE HINDU        INDIA YEAR BOOK        MANORAMA
GK section of Tata-Mcgraw Hill        A good competition magazine
IMPORTANT NOTE:
The strategy discussed here has been designed by the IAS officers. Their personal notes well incorporate this strategy. Crackias.com would avail these notes in a very compact & comprehensive form, making them handy and easily manageable for the students at the time of their examination.
Strategy of IAS Officers for Prelims (History Optional)
FROM THE PEN OF DAREZ AHMAD (AIR-51)
Why History
History has always been one of the most favoured optional for upsc prelims. There are many factors which have contributed to its popularity
1.    It is of tremendous help in GS
2.    Being non-technical by nature, it can be opted by students of non-History academic background
3.    Standard material is easily available
4.    Maximum students in UPSC prelims appear from history and hence the number of students qualifying is also greater. Thus the sincere students having right guidance and focused preparation have better chances of qualifying.
5.    History by its very nature is all encompassing and enlightening in nature. Whatever socio-political situation is prevailing today has its roots in history. Thus it gives history students better analytical capability and perspective on important issues of the day. This can be of great help in interview and essays.
Thus in overall analysis history as an optional seems to be appealing. But there are also some problems faced by the students of the subject. The vast syllabus is one major problem. The abundance of material available, in fact, confuses the students and can be counter-productive as far as focused preparation is concerned. As the ancient Chinese scholar Sun Tzu had said "To win, strategy is far more important than weapon". Thus need is for a strategy which can serve as instrument for optimizing your efforts.
The Strategy
There are 3 important aspects of preparation for any subject. The students should know:-
. What to study     . From where to study        . How to study
First things first. We should be very clear about what UPSC asks from a student. To understand this, a thorough analysis of the prescribed syllabus in conjunction with previous years question papers is must. This will tell us which topics to focus and to what extent. This will help us to streamline the bulky syllabus to a great extent. Once we are done with prioritizing our syllabus, next step is to select appropriate books to study. This is a very crucial aspect especially for a history student due to abundance of material available. Thus sifting of essential from unnecessary is vital. Reading selective but standard books on all topics should be the basic idea. Standard books e.g. Bipin Chandra on freedom struggle should be intensively studied. The myth that prelims history is all about cramming names and dates should be laid to rest. The analysis of recent trends shows that need is to synthesize facts with analysis. Thus need is to properly study and understand. Books written by reputed historians such as Romila Thapar, Satish Chandra, Sumit Sarkar, Bipan Chandra and R.S. Sharma are essential to have proper understanding of various aspects of Indian history. The books of these historians focus on socio-economic, religious and cultural aspects which are being increasingly favoured by examiners. Besides their own books, they have also written books for NCERT. Thus it is very important that one should begin with NCERT books and they should be considered authoritative in case of any doubt or multiplicity of views. For political history some other general books and compiled guides are sufficient e.g. J.L.Mehta's books or Agnihotri's guide for medieval political history are important. Now comes the most important point which not only helps one in time management but also picking what is relevant, that is, How to Study.No doubt every student has his/her own way of studying which he has developed over the years, but studying for prelims history might need some modifications in this way. Making pointers from perspective of prelims can go a long way in minimizing effort and time during revision. While studying Indian History maps, an atlas should be used wherever possible particularly in case of ancient India. Very often students are asked to identify marked places on map of India. Apart from study of prescribed books, students of history should always be vigilant while reading newspapers and magazines. We should note that no set of books can completely cover multi-faceted history of India. So make a small separate notebook to write bits of information related to history gathered from different sources, for example, Sunday supplement of The Hindu contains articles of historian Ram Chandra Guha which can be very informative. One important aspect of preparation would be to solve model question papers regularly. It would not only give much needed practice but also can add to your knowledge. The introduction of negative marking has made the need of taking mock tests all the more important.
ANCIENT INDIA
1.    Begin with Ancient India NCERT 11th std. by R.S. Sharma. Read it thoroughly and make it the base of your knowledge.
2.    Ancient India- D.N. Jha
3.    Ashoka and the decline of the Mauryas: Romila Thapar
4.    The wonder that was India (only relevant chapters on religion and culture): A.L.Basham
5.    IGNOU booklets on Pre-historic cultures, Indus valley and Guptas
6.    Krishna Reddy's guide: Vedic Age, Buddhism, Jainism and religious movements
MEDIEVAL INDIA
1.    NCERT by Satish Chandra
2.    Satish Chandra: Medieval India vol-1 and vol-2 (Thorough understanding of all chapters is must)
3.    J.L. Mehta: Medieval India vol-1 and vol-2
4.    IGNOU booklets on Sufism and Bhakti movement
5.    Krishna Reddy and Agnihotri guides (do questions given at the end of the chapters)
MODERN INDIA
1.    8th standard NCERT: Arjun Dev
2.    12th standard NCERT (particularly starting chapters till 1885): Bipin Chandra
3.    History of Modern India by Grover and Grover: (chapters on Ranjit Singh, Tipu, Marathas and Governor Generals should be thoroughly studied)
4.    Sumit Sarkar: Special focus on socio-religious movement, tribal revolts, caste movements and peasant movements etc.
5.    India's struggle for Independence: Bipin Chandra et al. (Indispensable book, study it thoroughly and if possible make pointers for prelims)
6.    India after Independence: Bipin Chandra
7.    IGNOU booklets
Lastly, history is a subject which not only asks for hard work but also keen interest from the student. One has to love history to master it. After all it is the story of human civilization with all its triumphs and tragedies.









Political Science Study Material: Glossary
Abdication
If a King or a ruler voluntarily surrenders his throne or seat of the power to his successors, it is called an act of abdication.

Adjournment Motion
The Legislature carries on its business according to the given agenda, but a matter of urgent public importance can be brought before the Legislature and discussed through Adjournment Motion by interrupting its regular business. An Adjournment Motion should be supported by not less than 50 members of the House for being accepted. If accepted, it results in the holding the ongoing business of the House and discussing the matter raised in the Adjournment Motion. The basic idea behind this motion is to give an opportunity to the House to discuss a matter of urgent public importance. The matter should be of definite nature and should have factual basis. The discussion on the matter takes place at 1600 hours and continues for two and half hours. At the end of the discussion, voting takes place. Since voting exposes the Government's strength in the House, the ruling party tries not to allow the acceptance of the Adjournment Motion in the House.

Administrative Law
Administrative law is the legal code, or set of rules and precedents, governing relations between the individual citizen and the state. Many such interactions, for example a contractual dispute between the administration and a company supplying it service, naturally fall within ordinary civil law but even in cases like this there may be special rules that would not apply in a conflict between two private companies. The extent to which administrative law is distinct from national civil law, and the mechanisms for handling disputes vary widely. It is important to distinguish between administrative law and constitutional law because the former never deals with the legitimacy of legislation per se, but with that of administrative acts carried out under legislation.

Adult Franchise
In democratic countries, all the adult citizens of certain age without any distinctions of caste, creed, colour, religion or sex are given the right to vote. This is called an adult franchise. The prescribed minimum age for the citizens to avail the voting right may differ from country to country. For example, it is 18 years in the USA and Russia. The minimum age has been reduced in India from 21 years to 18 years by the 61st Constitutional Amendment. The assumption behind prescribing the minimum age is that after this age a person gets discretionary capacity to exercise his/her vote in a prudent manner. In a way the adult franchise is also a universal franchise as there is no distinction with respect to giving the voting rights to all the adult citizens.

Amnesty
Amnesty refers to a condition when the Government grants pardon, in general way, to criminals and imprisoned and they are absolved of criminal accusations. In most of the cases, Amnesty is granted to the political prisoners. Anarchism
There are political thinkers who advocate the view that the State, the Government, law or any organized authority stifles the individual liberty and thus are obstacles in the free development of the individual and the society. Thus, they support a view of society where there will be no State, no Government or no organized authority at all. The emerging situation is similar to anarchy. This set of ideas is referred to as Anarchism. The Anarchism is of two types. First in which the future society is established through violent means and the second in which only peaceful means are accepted to establish such society. Mahatma Gandhi is known as a 'Philosophical Anarchist'.

Anarchy
In literal terms, this refers to a situation where there is no Government worth the name or there is not the rule of law. Consequently, lawlessness, disorder or anarchy prevails. In the society, might becomes right and the weak suffers. Apartheid
Apartheid was the official doctrine of the South African government, and the ruling National Party, between 1948 and 1991. Meaning 'separateness', it was in practice nothing more than an excuse for domination by the white minority population of blacks and 'coloureds'. The word 'coloured' is used here in the South African legal sense as someone who cannot be classified as black, but is not 'purely' white. Apartheid consisted of a set of legal inequalities.

Arbitration
Arbitration is a method of conflict resolution which, with more or less formalized mechanisms, occurs in many political and legal spheres. There are two main characteristics to arbitration. The first is that it is a voluntary process under which two parties in conflict agree between themselves to be bound by the judgement of a third party which has no other authority over them; the judgement, however, is not legally binding. The second is that there is usually no clear body of law or set of rules that must apply; the arbitrator is free, subject to any prior agreement with the conflicting parties, to decide on whatever basis of justice is deemed suitable.
Armistice
Armistice refers to a situation of agreement between two or more nations who were at war. In armistice, two parties which are in the condition of hostility or war arrive at an agreement to end the hostility to engage in mutual exchange of ideas and viewpoint. The term 'ceasefire' differs from armistice in the sense that the former is temporary and includes only the end of military hostilities following war or aggression, whereas the latter is a peace agreement between the two nations.

Authority
Authority means the right to give an order, which will be obeyed with no question as to that right, or, if not an order, the right to evoke legitimate power in support of a decision. Thus someone may have the authority to instruct soldiers to fire on a crowd, the authority to sign a binding legal document, or the authority to pass a security perimeter or frontier.

Autonomy
Autonomy is a status of a unit or a province in relation to the whole or the central authority, where the unit enjoys the scope and authority to the extent that it can manage its internal affairs on its own without any outside interference.

Ballot
Ballots are votes cast in an election contested by two or more individuals or parties. By extension the ballot box is the box into which the votes are put, and to ballot denotes the process of voting. There are many different kinds of voting procedure. In modern democracies ballots must be cast in secret and an effective and impartial machinery must be established to prevent any tampering with the ballot.

Bamboo Curtain
Bamboo curtain refers to those restrictions and prohibition imposed by the Chinese Government and the Communist party over the Chinese people, which isolate them from the rest of the world. Because of the Bamboo Curtain, the outside world remains unaware of the Chinese affairs and so also the Chinese people do not come into contact with the outside world.

Bandh
This is a pressure technique to highlight some issues, in which a political party or a pressure group gives call for the closure of shops, Government offices, schools and other activities for a certain period. Bandh is organized to protest against the policies and programmes of the Government.

Bi-cameral Legislature
Bi-cameral Legislature means a Legislature which consists of two Houses, the Upper House and the Lower House. The Lower House is also called a popular house as its members are elected directly by the people. In modern times, most of the Legislatures are Bi-cameral Legislatures. The concept of Bi-cameral Legislature originated and developed in the Great Britain.

Bilateral Agreement
The agreement or the understanding arrived at between only two parties is called bilateral agreement. Similarly if such agreement is made among more than two parties, it is called multilateral agreement. Also, when some announcement or declaration is made by single party without the reference of other party or group, it is called a unilateral declaration.

Bill of Rights
Many constitutions have bills of rights, often under different names, protecting certain vital civil liberties. The most imitated bills of rights are the 1789 French Declaration of the Rights of Man and of the Citizen, which has survived into the constitution of the Fifth Republic, and the first ten amendments to the US Constitution ratified in 1791, although the English bill of rights, enacted in 1689 to establish parliament's sovereignty in relation to the monarchy, is earlier. A typical bill of rights will contain provisions guaranteeing the basic natural rights, such as the freedoms of speech, religion and assembly and the right to own property. It will usually also contain a set of more legalistic civil rights, including, for example, the right to a fair trial, perhaps by jury and with representation, prohibitions on cruel and excessive punishment and protection against double jeopardy.

Bolshevism
Bolshevism comes from a Russian word 'Bolshevik', which literally means 'majority'. The Russian Revolution of 1917 is called the Bolshevik Revolution because it was supported by the majority of the people. Bolshevism, thus stands for the ideals and principles of the communist revolution as propagated by the revolutionaries in Russia.

Boot Legging
This refers to an illegal practice of manufacturing and sale of alcohol and wine without a Government license to do so.
Bourgeoise
Bourgeoise means a rising middle class consisting of the the businessmen, industrialists, etc. which replaces the the feudal class and becomes instrumental in the development of capitalism. Karl Marx popularized the concept of bourgeoise to refer to a class which controls the means of production and distribution and exploits the working class called proletariat.

Boycott
The declaration of non-participation in the affairs or meeting of a the group or individuals is called Boycott. It signifies that the person or group making declaration of Boycott do not agree with the activities of the groups of the persons which are boycotted.

Brain Drain
Brain Drain is a situation in which the qualified and trained human resources such as technicians and scientists migrate to other countries in search of better opportunities and careers. Thus, the country which has invested heavy amount in development of these human resources suffers and its development is undermined.

Brain Washing
Brain washing means those activities which are employed by a group of Government officials to wield undue influence over the minds of the people. The result is that the people become void of their own ideas and come under the sway of influencing ideas and principles and thus, their brains are washed off.

Buffer state
Buffer State is that State which is located in between two States which are not on good terms. Buffer State tries to play a neutral role in the situation of hostilities between the two States. The location of a buffer state becomes useful in preventing armed hostilities between the two States. For example, Nepal happens to be a buffer State between India and China.

Bureaucracy
Bureaucracy, in its most general sense, describes a way of organizing the activities of any institution so that it functions efficiently and impersonally. The major theorist of bureaucracy was Max Weber, and most subsequent research and theorizing has closely followed his analysis. For Weber, and most subsequent writers, bureaucracy is characterized by a set of basic organizational principles.

By-election
By-election is a mid-term election to fill up one or few constituencies which have become vacant due to resignation, death or otherwise before the completion of the full term of the representatives.
Cabinet Government
This is another name of the parliamentary form of Government in which real executive powers lie with the cabinet which is responsible to the popular House of the Parliament. The Government is, however, run in the name of the nominal executive or Head of the state. Since, the ruling party has the majority in the popular House, the cabinet occupies a dominant position in the Government. Hence it is also called the cabinet Government.

Capitalism
At its most simple and value-free, the term capitalism is used to describe any economic system where there is a combination of private property, a relatively free and competitive market, and a general assumption that the bulk of the workforce will be engaged in employment by private (non-governmental) employers engaged in producing whatever goods they can sell at a profit. Capitalism has its own ideology and economic theory, like all politico-economic systems. The original theory of capitalist was essentially that an entirely free market of small-scale entrepreneurs, hiring individual labourers at the minimum possible cost, would produce the maximum output, at the cheapest possible price given the cost of the other inputs necessary for production. This is often called the 'perfect competition model' of economics.

Casting Vote
In case of equality of votes in a House on a matter, the decisive vote cast by the Chairman or the Speaker, as the case may be, is called, casting vote.

Censure Motion
This is a motion moved by the Opposition against the Government or a Minister criticising its policies and programmes on the floor of the House. In the censure motion, the specific cause of censuring the Government or a Minister has to be mentioned. The passing of censure motion by the House means lack of confidence in the Government and thus the ruling party opposes the passing of such motion in the House.
Chauvinism
In the social field, it means a tendency of showing excessive loyalty to other men and prejudice against the women. In political terms it stands for excessive feeling of nationalism or patriotism towards one's nation or a cause. On the other hand it also means showing hatred and bellicose tendency towards other nations and societies.

Civil Disobedience
This refers to the practice of peaceful and nonviolent opposition of laws and policies of the Government by the people and willingly inviting and suffering the punishment attached to such an opposition. This is, actually, the opposition of unjust laws and policies of the Government through moral force. During the National Movement, Mahatma Gandhi launched the Civil Disobedience Movement in 1930 to oppose certain laws of the British Government. It is said that Gandhiji was influenced by the ideas of Henry Thoreau on civil disobedience.

Civil Law
Civil law can have two distinct meanings. One meaning, in Anglo-American usage, refers to the continental European tradition of 'code law', which is often called civil, or even 'civilian', law, as distinct from the common law so important in the Anglo-American tradition. The prime distinction is between the gradual accretion of precedents, statutes, rulings and even traditional legal customs which characterizes common law, and the conception, not entirely accurate, of civil law consisting of formal rules deliberately created, codified and passed by a legislative body.

Civil Liberties
Civil liberties are freedoms or rights which are thought to be especially valuable in themselves and vital to the functioning of a liberal and democratic society. Emphases vary, but most lists of basic civil liberties will include freedom of speech, freedom of religion and of thought, freedom of movement, freedom of association, the right to a fair trial and freedom of the person. These rights and liberties are essential protections against the arbitrary acts of government and are fundamental to free political association.

Civil Rights
Civil rights are those rights which are, or which it is argued should be, protected constitutionally or legally as fundamental rights that everyone should enjoy, irrespective of his or her status.
They fall essentially into two categories: basic human rights to fair and decent treatment for the individual; and political rights which are seen as vital for a healthy and liberal society, whether or not they are actually desired by many people.

Civil Service
The civil service of a country is its public administration, the body of men and women employed by the state to implement policy and apply the laws and regulations made by the executive and legislature. It usually also includes a small elite group of senior public officers who help the official political leaders to draft laws and translate policies into practical forms. All governments rely on a civil service of some sort, but finding a clear operational definition that distinguishes the public administrators from the politicians is often extremely difficult.

Civil Society
Civil society was central to the work of some of the most important political thinkers from the 17th century onwards. Among others, Hobbes, Locke and even Hegel distinguished between the state and civil society, that is the organized society over which the state rules. Such a distinction is not entirely valid, since the state is itself part of society. However, we are aware that, as well as institutions bound up with formal authority and political control, there exists a set of interlinked and stable social institutions which have much influence on, or control over, our lives.

Coalition
Coalitions are groupings of rival political units in the face of a common enemy; they occur in situations where protection from that enemy, or the furtherance of some shared goal, overrides differences and potential conflicts between the members of the coalition. Coalitions usually occur in modern parliaments when no single political party can muster a majority of votes. Two or more parties, who have enough elected members between them to form a majority, may then be able to agree on a common programme that does not require too many drastic compromises with their individual policies, and can proceed to form a government.

Co-existence
The concept of co-existence signified the principles of mutual recognition by the nations, of each others identity and existence and the equality of nations in international relations. The idea of peaceful co-existence was one of the five principles called 'Panchsheel' which were agreed upon by China and India in 1954 to guide their foreign policies. In fact, the principle of coexistence is the cornerstone of the modern international relations, without which the simultaneous existence of a variety of small and big nations would not be possible in the civilised world.

Cold War
The cold war is a condition of hostility between the two nations or the groups of nations, where both engage in vicious propaganda against each other at various levels. Though the actual military confrontation is absent during the cold war, the relations between the two groups are so much characterised by hostility and mistrust that it may lead to an actual war at anytime. The tension between the capitalist bloc led by the USA. and the communist bloc led by Russia during 1950s and 1960s was the result of ongoing cold war between the two blocs. With the disintegration of the Soviet Union and the communist bloc in 1991, the cold war had come to an end.
Colonialism
Colonialism is a condition of subjugation and rule of a country by an external colonial country. The subject nation is the colony of the controlling power. Under the condition of the colonialism, the external colonial power holds total control over the polity, economy and culture of the subject nation and exploits the same for its own benefits. For example, India was subject to the British colonialism before 1947 for a long period. As a result of national movements in the subject countries, almost all colonies gained independence after the second world war and thus colonialism in its classical form had come to an end.

Common Law
Common law is the name usually given to the main system of laws and legal practices in England and Wales, most of North America, and other countries that were once part of the British Empire. It is the legal system that developed after the Norman conquest of England, based initially on judicial interpretation of local customs, on judicial and royal decisions in important cases, and on the rare acts of formal legislation contained in royal statutes.

Communalism
A society characterized by communalism is one in which ethnicity, language group, religion or other identification largely circumscribes the entire life of the subculture in question. In such a society people will not only marry, reside, speak and carry out their entire private life inside their subculture are likely to exist, as in the linguistically-defined Belgian party system. States may provide for separate education and broadcasting structures to mirror the subcultures, as in the Netherlands where the structures are defined by religion. This refers to a strong feeling of belonging to a community as distinct from and superior to other communities and nations. This feeling of community based on religion is made the basis of advancing the economic and political interests. In practical sense, the uses of religion for non-religious objectives is called Communalism. Communalism is the bane of Indian politics as it leads to polarization of different communities and subsequent tensions and conflict among these communities.

Communism
Communism can mean one of two things: a theoretical ideal found in the writings of Marx, or the actual governing principles of the self-described communist states in the modern world. When used, for example, in the communist parties of France, Italy, Britain, etc., it has typically referred to a combination of Marxist ideals and support for the communist governments. Clearly the collapse of the Communist Party of the Soviet Union (CPSU) in 1991, hitherto the leading party, must have severe repercussions on communist parties elsewhere. As far as Marxist theory goes, communism is a slightly shadowy state in which private property has been abolished, equality reigns, and the state has 'withered away' because all men live in harmony and co-operation, without classes or any social divisions requiring the exercise of authority. This term communism stands for the ideology, propounded by Karl Marx and later modified and practiced by Lenin in Russia and Maotse-tung in China.

Condominium
Condominium refers to an arrangement where two countries simultaneously exercise sovereignty over a country, which is not independent. For example, sometimes back, Sudan was subject to the condominium of the Britain and Egypt.

Confederacy
A confederacy, or confederation, is a political system originating in an agreement made between several independent entities that wish to retain a high degree of autonomy. The idea of confederacies is usually contrasted with that of federalism, which also involves independent entities but in which the central authority has a considerable degree of power which may be capable of expansion, for example through interpretation of the federal constitution. In a confederacy, by contrast, certain specified powers are surrendered by the component units to the central government, and all other powers remain with the original states.

Calling Attention
It is a notice by which a member, with prior permission of the Speaker, calls the attention of a Minister to any matter of urgent public importance. The Minister may make a brief statement or ask for some time- an hour or a day-for the reply.
The 'Calling Attention' procedure does not exist in the Rajya Sabha, which has, instead the 'Motion of Papers'.

Care-taker Government
A Government during the inter-regnum comes as soon as the Council of Ministers goes out of the office. Usually, the outgoing Government is allowed to continue in the office and run the Government. This Care-taker Government lasts till a new Government, after the elections, takes charge. There are certain moral restrictions on the legislative powers of this Government and it is supposed not to take any major policy decisions. However, the President may refuse to accept any such Bills, if passed by a caretaker Government. For example, in 1996 the then President Dr. S.D. Sharma refused to give assent to the Christian Quota Bill passed by the Caretaker Government of P. V. Narasimha Rao.
Coalition Government
The Government formed by two or more political parties, with some common goals to be achieved. It may or may not enjoy the confidence of the Legislature on its own. The present Manmohan Singh Government is a coalition Government.

Conventions
Conventions are those unwritten practices which are regarded legally binding on the three organs of the State (Legislature, Judiciary and Executive). For example, the President, by convention, invites the largest political party in the Lok Sabha after a fresh election to form a Government at the Centre.

Categories of the citizen who can vote by post
(1) Civil servants on duty.
(2) Defence personnel posted in the forward areas.
(3) Members of the diplomatic missions and their family members.
(4) Persons detained under the preventive detention.
(5) Any person authorized so by the Election Commission.

Central Services and All-India Services
The Central Services is an expression referring to certain services under the Union, maintained on an All-India basis. They are Indian Foreign Service, Indian Audit and Accounts Services, Indian Customs and Excise Services and the like.
On the other hand, the expression "All-India Services" is used in the Constitution to indicate only 'Indian Administrative Service (IAS),'Tndian Police Service' (IPS) and 'Indian Forest Service' (IFS). The Parliament is empowered to create other such services on the recommendation of the Rajya Sabha (Art. 312).

Countermanding and Repoll
The Countermanding means initiating the whole election afresh, while the Repoll means the reelection for certain specified booths.

Confidence
In countries where the executive is responsible to a legislature rather than elected for a fixed term (as in the USA), the support of the legislature is necessary to sustain a government in office. Such support may be tested by a formal vote of no confidence. If the vote goes against the government, it will usually be required to resign;
and then one of two consequences will follow. Either there will be an attempt to form a new government which can command the support of the legislature (a course which is particularly likely where no party has an overall majority), or the legislature will be dissolved and new elections held to ascertain the views of the electorate.

Confrontation
The situation of conflict between two groups, countries or parties is called confrontation. In the situation of confrontation, both the parties adopt contradictory stand or position on some issue or problem. This also includes military confrontation between two nations.

Consensus
Consensus means general consent arrived at by many persons or parties on some principles or issues. In modern democracies, the practice of consensus is often used to reach agreement or consent on some controversial problems.
Constitutional Government
A Constitutional Government is that government in which the exercise of authority is limited by the Constitution and it is run on the basis of provisions of the Constitution.

Constitutional Law
Constitutional law refers to the part of a legal system and legal tradition which is directly concerned with interpreting and applying the fundamental rules that define and delimit the powers, rights and duties of governments, other organs of the state, and the citizens. In some cases constitutional law is based on the interpretation of a fixed, binding and usually written formal constitution.

Consuls
A diplomatic representative of a country appointed in another country to discharge responsibilities with respect to commercial and economic interest of his country is called consuls. The consuls hold a lower rank and position to that of an ambassador.

Containment
It means prevention and check of an ideology or the influence of a nation by other country. For example, the USA deployed the strategy of containment to restrict the influence of the communist Russia and China from spreading to the third world countries.
Coup-detat
Violent or illegal change or overthrowing of the Government by a group of people is called coup d'etat. The success of coup depends on as to what extent the Government authority has been captured by the group or the people. This leads to the establishment of a new Government in place of the replaced Government. There are many countries in Asia and Africa where successful coup detats have been organised.

Criminal Law
Criminal law describes the part of a legal system which deals with illegal actions, performed by citizens against other citizens or against the state, which are so serious, or so associated with moral turpitude, as to warrant punishment by the state rather than a civil law judgement involving the resolution of a conflict or some kind of restitution.

Curfew
Curfew is an extraordinary step taken by the Government to impose restrictions on the movements of the people in order to restore law and order in a place. The curfew is imposed for a fixed time or indefinite period and the same is announced to the affected people.

Democracy
According to Abraham Lincon, Democracy is a Government of the people, by the people and for the people. Democracy is the most valued and also perhaps the vaguest of political concepts in the modem world. Political systems as diverse as the USA, various one-party states in Africa and communist states all describe themselves as democracies.
The word 'democracy' is derived from two ancient Greek words: demos ('the people') and kratos ('strength'). By itself democracy means little more than that, in some undefined sense, political power is ultimately in the hands of the whole adult population, and that no smaller group has the right to rule.

Democratic socialism
It literally means the establishment of a socialist society by the democratic methods. Under the socialism, the ownership of the means of production and distribution is socialised and are under the control of the Government. If this purpose is achieved through the revolution, it is called a revolutionary socialism and if the objective of socialism are realised gradually by the peaceful and democratic means, it is referred to as a democratic socialism. The methods of democratic socialism are nationalization of the industries, progressive taxation, planned development etc. Democratic Socialism aims at providing socio-economic justice and equal opportunities to all for the development and progress.

Detente
It refers to a situation of reduction of tensions between the two nations or groups due to downward swing of the cold war relations. In Detente, normalcy is restored in place of cold war tensions and hatred among nations. The reduction in tensions between the superpowers in late 1960s and early 1970s, after the climax of the cold war in 1962 during the Cuba Crisis is mentioned as an example of detente in the international relations.

Doctrine of Necessity
The doctrine states that even though there is a reasonable ground to suspect that a public authority may be biased, the authority may exercise his power to break a stalemate. This doctrine was evolved by the Supreme Court in the Jayalalitha case.

Distributive Justice
It means that the profits of the economic development shall be shared by all and not appropriated by a few. Also, there shall be no concentration of wealth. This intention is embodied in Art. 39 (a) and (b) of the Constitution.

Dialectical Materialism
The concept of dialectical materialism was given by Karl Marx to understand the process of development. In terms of Dialectical materialism, the matter, which is self propelled, is the basis of social development, which moves ahead through a dialectical process consisting of three stages-thesis, antithesis and synthesis. Antithesis is opposed to thesis and synthesis tries to reconcile the contradictions inherent in both. Marx used this technique to emphasis that the economic structure forms the base of the social development and which would move ahead through the dialectical manner till the final stage of communism is reached.

Diarchy
A form of Government in which the functions and powers of the executive are divided into two parts. One part of the executive is responsible to the Legislature while the other part is not responsible to the Legislature. The diarchy was introduced in the Indian States by the British Government in India under the provisions of the Government of Indian Act, 1919. Under this system, the powers and responsibilities of the State Governments were divided into two sections. Some powers were to be exercised by the popular Ministers responsible to the State Legislatures, while the rest of the powers were exercised by the Governors of the States, who were not responsible to the Provincial Legislatures.

Dictatorship
Dictatorship is a form of government in which one person has sole and complete political power. In antiquity, a temporary dictator was often appointed as an emergency measure by states which were normally organized in some other fashion. The Roman Republic appointed dictators during military crises (the term actually originates from this practice), and the ancient Greek city states sometimes gave supreme law-making power to individuals.

Dinner Diplomacy
If some leaders or individuals, invited to a dinner party discuss and try to find a solution to some problems, it is referred to as a dinner diplomacy.

Diplomacy
The idea of 'diplomacy' is used in a variety of rather vague ways in political language, all deriving from the techniques and styles developed by European foreign affairs representatives during the 18th century, though, of course, diplomacy as behaviour and political strategy is as old as politics. Technically the diplomatic corps consists of all the men and women professionally engaged in representing the interests of their countries abroad. This activity varies from the gathering of information and evaluation of the politics of the host country, via the direct protection of the legal interests of any fellow nationals who are in trouble in that country (the consular function) to international negotiations and the delivery of special messages to the host government.
Disarmament
Disarmament stands for the process of elimination of the weapons of war by the nations in order to ensure peace. Disarmament is technically distinct from Arms control as in the latter, only the future growth of arms is prohibited whereas in the disarmament, the existing arms and weapons are to be eliminated.

Discrimination
Discrimination in politics refers to the singling out-usually for unfavourable treatment-of certain groups which are defined by such characteristics as race, language, gender or religion. As a practice it is endemic in most societies; but during the 20th century, especially in the aftermath of the Nazi Holocaust, most democracies have made serious efforts to combat it through legislation and judicial decisions.

Electoral College
An electoral college is a group of people who have been specially appointed, nominated or elected in order that they should hold an election for a political office. It thus constitutes a way of making election to some significant position of power indirect rather than direct. The most important example of a modern electoral college is perhaps that which elects the American president. Lists of electors ties to particular presidential and vice-presidential candidatures appear on the ballot paper, and once the votes have been counted the list with the most votes on a simple plurality basis takes all that state's electoral college votes. The candidates with a majority in the electoral college become president and vice-president respectively.

Embargo
It refers to imposing the restrictions on the movements of the ships of other countries by a country in her territorial seas and harbours. The Embargo is imposed during the war against the ships of the enemy country. There are specific rules of the International Law which regulate the imposition of Embargo.

Electoral Offences
Offences by the private individual or an authority against the electoral laws made by the Acts of the Parliament.

Electoral Malpractices
This is the violation of a code of conduct, fixed by the Election Commission, by an authority, social miscreants or a political party.

Emergency Powers
Emergency powers are special powers granted to a government or executive agency which allow normal legislative procedure and/or judicial remedies to be by-passed or suspended. In democracies such emergency powers are usually strictly controlled by the legislature and are permitted only for the duration of the emergency. Although the primary association of emergency powers legislation is with wartime, or a national security crisis of similar dimensions, governments in fact retain some such powers for domestic crises.
Envoy
The diplomatic representative of a country in another country nominated for specific purpose for the time being is called Envoy.

Equal Protection
Equal protection is a term which describes the idea that the legal system should protect all citizens from arbitrary discrimination and guarantee them equal rights. Initially it seemed that this idea was very similar to the guarantees of procedural fairness and due process offered in many societies.

Ethnicity
Ethnicity refers to a sometimes rather complex combination of racial, cultural and historical characteristics by which societies are occasionally divided into separate, and probably hostile, political families. At its simplest the idea is exemplified by racial groupings where skin colour alone is the separating characteristic.

Euthanasia
It is a deliberate infliction of death to a patient, by a medical expert, who is terminally ill and cannot be revived. Euthanasia is done in order to relieve unbearable pain suffered by the patient before his/her death. Netherlands is the first country in the world where euthanasia has been legalised.

Executive
The 18th-century French political theorist Montesquieu divided the political system into three distinct elements: the legislature, the judiciary and the executive. The executive is defined as the part of a governmental system which takes decisions as opposed to making laws, although modern political systems in fact allow their executives to legislate both in the sense of determining which laws ought to be passed and, as in France, allowing them some autonomous law-making capacity.

Extradition
Extradition is a legal arrangement between the two countries under which an accused is sent to another country for the purpose of prosecution, where such person is accused of committing some crime. Extradition is possible only if the countries have entered into an agreement to that effect under the rules of the International Law. The purpose of extradition is to facilitate the prosecution of a person in a country where he is accused of committing some crime.

Fascism
The term fascism is derived from the fasces of ancient Rome, a bundle of rods with a projecting axe symbolizing unity and authority, which was adopted by Benito Mussolini for his new Italian political movement in the 1920s. The other important fascist parties created in the years between the First and Second World Wars were those led by Hitler in Germany and Franco in Spain. Fascist governments were also installed in much of central Europe before and during the Second World War.
Federal State
Federalism is a constitutional arrangement in which the powers and responsibilities of the Government are divided between the Union or the Federal Government and the Provincial or the State Governments through the written Constitution. Both the Governments are autonomous in their respective jurisdictions. The United State of America is the first Federal State in the world, which came into being in 1789. The other characteristics of a Federal State are: rigid Constitution, independent federal Judiciary, double citizenship, etc. Indian Constitution also provides for a Federal System of Government, but the distribution of powers is tilted in favour of a strong Central Government. Thus, it is remarked that the Indian Constitution is federal in form but it is unitary in spirit.

Fifth Column
It refers to a group or persons within a country, which conspire with foreign countries against the national interests of their own country. The fifth column is found involved in such clandestine activities as inciting violence and disaffection among the people, organising rebellion against the Government or sending vital strategic information to the foreign enemy country.

Filibustering
The practice of filibustering is frequently used by the members in the Legislative process of the American Senate. It means a practice of prolonging a debate on a bill or a matter by speaking unduly long time by members so that the voting on the bill would not be held and the Bill shall be dropped, as its allocated time has lapsed in the discussion, without passing the same. This practice is possible because there is no time limit for the members to speak in the House.

Floor Crossing
The practice of floor crossing refers to the defection of a Member of Parliament from the party he was elected to another political party. The practice of defection indicates the lack of ideological hold of the party over its members and it leads to instability in the Government or disregard to the people's mandate.

Fourth Estate
The term Fourth Estate refers to the press and media and it was used for the first time by Edmund Burke. In England, the three classes sharing power in Government were called the Three Estates - Lord Spiritual, Lord Temporal and Commons. Eventually with the growing influence of the press in public affairs, it was recognised as the Fourth Estate. In the French political society before the revolution of 1789, the Pope, the King and the rising bourgeoisie were termed as the Three Estates.

Fourth World
The term Fourth World is used for those poor countries of the Third World, which are at the bottom of the development scale. These countries are either less developed or the development process is yet to start. Some of the characteristics of the countries included in the fourth world are, a very poor economic base, lack of industrial development and high share of agricultural production in GNP, excessive dependence on foreign financial resources and resulting acute problem of debt trap.

Free Trade
It means reduction in and gradual elimination of the tariff and quota restrictions imposed on the foreign trade (imports) by different countries. With the elimination of such restrictions, the flow of the foreign trade in both the directions becomes smooth and easy. The present phase of globalisation supports the practice of free trade among all the countries. Gallup poll
This is a method of surveying and collecting people's opinion on various issues. It was developed by American public opinion expert George Gallup.

Genocide
The organised mass killing of the people belonging to a particular community or ethnic origin by a group or the Government itself is called genocide. In 1970, the Pakistani Army was accused of genocide of the people of Bangladesh as they were demanding liberation from the then Pakistan. The United Nations has declared it as a 'crime against humanity' by enacting a convention of the nations to that effect.

Gerrymandering
This refers to the practice prevalent in the American politics in which the ruling party demarcates the electoral constituencies in a manner which ensures the election of more candidates of the ruling party. This may be termed an unethical political practice, as it involves manipulation of the constituencies in favour of the ruling party, which is detrimental to the election prospects of other parties.

Glasnost
It is a term of Russian origin which literally means 'openness'. The term was used by the President of the Soviet Union, Gorbachev to describe his policy of openness in public and the Government affairs. The policies of Glasnost and Perestroika (meaning reconstruction) were advocated by him to reform economy, polity and society of the Soviet Union but these policies eventually led to the disintegration of the country.

Guerrilla Warfare
It means fighting by small independent groups, characterised by surprise and secret attack on the enemy. The technique of Guerrilla warfare is adopted by a weak and small army in comparison to big army of enemy. The activities of Guerrillas are secret and hidden. Marathas used the technique of Guerrilla warfare against Mughal army. Similarly, the communist revolutionaries led by Mao in China scored success against Chinese defence forces through Guerrilla warfare.
Guillotine
In France, before the revolution, Guillotine was a sharp iron weapon used by the State for beheading the criminals who were awarded death sentence. It was named after its inventor who was incidentally its first victim. Thus, it denotes a sudden and short killing of a person. From this analogy, the term in politics refers to a sudden end of a controversy or debate on an issue. In modern Parliamentary practices, it specifically means the sudden closure of a debate on an issue and the matter is put to the vote of the House.

Gun Boat Diplomacy
It refers to use of military threat by a country against another country to achieve some diplomatic objectives. In fact, it is not the actual use of force but involves arms-twisting by displaying military threat. For example, America used Gun Boat diplomacy against India during 1971 Pakistan war when it sent its 7th fleet of ships in the Indian Ocean to pressurise India to declare ceasefire.

Hegemony
It denotes a position of dominance excercised by one group or a nation over other similar groups or nations. In international relations, it signifies the influencial position of a nation which is capable of influencing the foreign policies of other
nations.

Hijacking
It means illegal control or capture or forced movement of a plane by a group of terrorists or criminals in order to pressurise the Government to accept their demands by threatening to kill the passengers or to destroy the plane. There are a number of instances of hijacking. In 1999, the Indian plane was hijacked to Afghanistan by Kashmiri militants in order to secure the release of some other militants imprisoned in Indian jails.

Hung Parliament
When in a general election no political party or coalition of the political parties is in a position to form a majority Government, such a Parliament is called a Hung Parliament.

Impeachment
It refers to the provision of removing important public officials from their office by passing a resolution to that effect by the Parliament. In India, the President is removed through impeachment motion passed by a two third majority of total membership in each House of the Parliament.

Imperialism
Imperialism is the policy or goal of extending the power and rule of a government beyond the boundaries of its original state, and taking into one political unit other nations or lands. There are variations in the extent to which the imperial power assumes administrative and political control for the states that make up the empire; some retain degrees of independence and identity, while others are subsumed entirely into the institutions of the imperial state. Neither is it necessary that an empire has any specific form of central government, though there must be one central and ultimately overwhelming force, otherwise it is more likely to be an alliance, league or loose federation. In the modern world many dictators have come to power as leaders of mass movements.

Insurgency
It means organisation of secret clandestine activities to destabilise or overthrow the Government by a group of persons. Such persons are called insurgents and more often, they get support from some foreign countries which are not in good term with the concerned nation. In lighter form, insurgents may act as an illegal pressure group which employ tactics of violence and arm struggle to seed their goals.
Interim Government
This Government is formed during the transitional phase of the history of the the country. It is a full-fledged Government and can take any policy decisions. In India, the interim Government came to power with the Independence of India Act on 15th August and lasted till March, 1952.

Iron Curtain
This term is used with respect to the communist countries like the former Soviet Union or China to signify their policy of restriction and control over the freedoms of their respective citizens to ward off any external influence on their thoughts and behaviour. The net result of the Iron Curtain is that the external world is totally unaware of the political happenings in these countries and the rule of the Communist Party is firmly entrenched.

Isolationism
Isolationism is a foreign policy strategy in which a nation announces that it has absolutely no interest in international affairs, nor in the affairs of other nations, as long as they do not affect any vital interest of its own; this implies a neutrality in most possible conflicts. The most famous example is the foreign policy of the USA during much of the 19th century and in the inter-war period of the 20th century, where isolationism as regards any part of the globe other than the western hemisphere was a corollary of the Monroe Doctrine enunciated in 1823.

Jacobins
The Jacobins were a revolutionary group during the French Revolution of 1789 onwards, and their principal fight was for the creation of a single national parliament, democratically expressing the will of the people and solely symbolizing the sovereignty of the state. Revolutionary leaders, such as Lenin, who have ruled through centrally-imposed decision, as they maintain for the good of the populace, have also been described as Jacobin.

Judicial Review
Judicial review is a method whereby a superior judicial body may decide whether an executive or legislative action is constitutional. It is most frequently used when a court decides that an act of the legislature is unconstitutional and hence void, as in the USA where the Supreme Court has, over the past 200 years, declared invalid some significant acts of Congress as well as pronounced unconstitutional certain congressional procedures, such as the legislative veto.
Judicial Benches
Supreme Court
(a) Constitutional/Full Bench - constitutes of five or more Judges of the Supreme Court.
(b) Divisional Bench - constitutes of two or more Judges of the Supreme Court but in case of participation of the Chief Justice, three or more Judges of the Supreme Court.
High Court
(a) Full Bench - 3 or more Judges.
(b) Divisional Bench - 2 or more Judges.
(c) Single Bench - only one Judge.

Laissez-faire
Laissez-faire is the doctrine that the government of a state should have no control at all over economic matters. It is especially associated with 19th-century Liberalism, but is by no means absent from the modern world. In origin it was a liberal opposition to traditional, semi-feudal, monopolistic patterns in which the state involved itself in direct control of aspects of the economy for general purposes of policy. It later came to signify opposition to any governmental infringement on the absolute freedom of contract, because it was believed that maximal economic performance was possible only where the market forces of supply and demand were allowed to find their own balance, under which conditions everyone, whether entrepreneur or unskilled worker, would be better off.

Lame-Duck session
It refers to the last session of an existing Parliament when the elections to the new Parliament are announced and are shortly due. In fact, those members of the existing Parliament are called Lame-Duck, who could not find place in the new Parliament.

Mandate
Mandates are typically claimed by successful parties in national elections even when they have actually gained only a smallish plurality of votes. If a party, or a candidate, has stood for election on a particular set of policies, then, having won election, a 'mandate' from the people has been gained to implement those policies. Thus governments often claim that they are 'mandated' to carry out some action even if there is no good reason to believe that the policy in question had very much to do with their electoral victory. The original meaning is where some body, perhaps a constituency division of a political party or a trade union branch, on being required to send a representative to a national conference, gives the chosen representative binding instructions to argue or vote in a fixed way on some particular issue.

Manifesto
If refers to a document of the political parties, listing their policies and programs and their achievements and it is released to the general public before every general elections.

Marital Law
Marital law is a state of affairs declared by a civilian government in which the military forces are empowered to rule, govern and control an area, which can be a small locality or the entire nation, in a way involving .direct force, and without the usual constraints of democratic decision-making or the acceptance of civil rights. It is always seen as a temporary state of affairs and, unlike a military regime, has legitimacy, because it has been decided upon and granted by the civilian government. Martial law is, without doubt, both draconian and unpopular; there have been no instances of marital law being declared in a major Western democracy since the Second World War, though Poland was subjected to marital law in 1981-83.

Minority Government
A form of Government which does not enjoy the confidence of the Lok Sabha on its own and survives on support of other political parties from outside the Government. For example, the Chandrashekhar Government in 1990-1991, the Deve Gowda and the I.K. Gujral Governments during 1996-1997 survived on the Congress support from outside.

Marxism
The ideology of scientific socialism adopted by Karl Marx (1818-1883) is called Marxism. Marxism holds that economic relations of productions are fundamental to the society and social development; the class struggle is found between those who own the means of production and distribution and those who are deprived of this control; the capitalism contains the seed of destruction and the revolution would lead to the establishment of the final stage of the communism characterized by a class-less, exploitation-less and the State-less society.

Mid-term poll
If the popular House of the Parliament is not able to complete its full term, it is dissolved and midterm elections are held to constitute a new House. Such elections are called mid-term poll.

Monarchy
A monarchy is a state ruled by an individual who has a position at the apex of an aristocratic pyramid of honor and authority which is generally inherited through a family connection. Monarchy is a very ancient system of government (it was, indeed, one a of Aristotle's three basic forms of good government, along with aristocracy and democracy) which developed independently in various continents; many monarchial systems seem to have started with some form of election, with the succession later becoming hereditary by primogeniture and, until recent decades, usually male primogeniture. The most common form of monarchy today is constitutional monarchy, where the monarch has strictly limited powers and must accept the role and power of other bodies, such as parliaments and cabinets.

Monarch
It is a form of Government when the ruler/the King of a country comes from a hereditary line. This is opposed to the democratic form of Government as there is no provision of elections to seek people's consent in formation and running of the Government. However, if the King becomes a titular head of the State and the real powers of the Government are vested in the people's representatives, it is called the Constitutional Monarchy.
Multilateralism
The political label of multilateralism was introduced into political terminology in the context of nuclear disarmament. Its meaning is taken by opposition to unilateralism, the doctrine that a country should abandon the ownership of nuclear weapons, regardless of the actions or intentions of any other power. As such multilateralism can either mean simply opposition to this doctrine, or. as is more often presented, a different policy of reduction in nuclear weaponry. If given this latter meaning, multilateralism is a preparedness to reduce or abolish nuclear arsenals step by step in combination with similar movements by the perceived enemy, which was traditionally the USSR.

National Government
This is a form of coalition Government with participation of almost all the political parties represented in the Legislature. Essentially there exists no Opposition party in the Legislature. Usually this form of Government comes during the time of national crisis. It is, in fact, a 'Government by consensus' on certain basic issues affecting the country. Such a Government was formed in Britain by Winston Churchill in May, 1940 during the World War II with a common goal of defeating the fascist forces of Germany.

Nationalization
It is a process of acquiring ownership and control of the private properties such as bank, industries etc., by the Government in public interest. The purpose of Nationalization of the private industries is to ensure maximum fulfillment of the public interest in running those industries. For example, the Government of India nationalized 14 private sector bank in 1969 in the public interest.

Natural Justice
By natural justice is meant the ideas that there are some qualities and values inherent in the very concept of law, as opposed to arbitrary decision making, and that individuals should be able to claim certain basic protections in the legal system regardless of whether they are specifically given those protections by statute. The two most common tenets of natural justice in the British legal system are audi alteram partem (that each party has a right to be heard in any dispute) and nemo judex in parte sua (that the judge of a case should have no personal interest in its outcome).

Natural Rights
Natural rights are those human rights or entitlements which are held to stem from natural law, whatever definition may be given to the latter concept. One can probably divide natural rights into two broad categories, as they are encountered in legal and political theory.

Naturalization
This is a method of acquiring the citizenship by a foreign national in a country on the basis of continuous residence in that country for a prescribed period. The concerned foreign national is granted citizenship on the request as a naturalized citizen.

Naxalites
It refers to the members of those revolutionary groups of Marxist genre, who could not adjust with the Parliamentary form of Government and continued to organize subversive and violent activities against the Government. Their final aim is to change the structures of the society through the revolutionary means. Since these revolutionary groups initiated their movement in 1967 at Naxalbari town of West Bengal, such movements are called Naxalbari movements and its supporters are called Naxalites. At present, Naxalites hold positions in some areas of Bihar and Andhra Pradesh.

Nazism
The ideology of the Nazi party led by the German dictator Hitler before the Second World War, has come to be known as Nazism. It is characterized by extreme nationalism, extreme hatred towards the other races specially Jews, centralization of the powers in a single hands, faith in imperialism, war and violence etc. This is a Fascist version of Germany coupled with the racial superiority of the German race (the Aryans).

Neo-colonialism
The classical colonialism, based on the direct control of the colonies by the colonial powers has gone but it has been replaced by more subtle and indirect forms of control, which is named as the Neo-colonialism. It means those tactics and methods adopted by the developed countries, which exercise various forms of control over the economy and polity of the Third World Countries. Such methods and tools consist of the investment by the MNCs, trade relations, technological assistance etc. These tools are designed and operated in such a manner that the poor countries come under the influence of the capitalist countries. Neo-colonialism as a phenomena has been in existence in the international politics after the Second World War.

Neutrality
It is a position of indifference adopted by a country towards a war between two or more countries in particular and towards controversial international issues in general. The status of neutrality of a country is recognized in the international law. The neutrality assumes significance during a war when the neutral country is totally aloof from both the parties engaged in war. Switzerland is an ideal example of a neutral State.

Non-Agression Pact
It is an agreement between two or more countries, which binds its parties to declare that they would not organize military aggression against each other. The Non-Agression pact reduces the tensions between the countries and facilitates peace and mutual trust in their relations.
Nuclear Umbrella
The system of security maintained by a country for protection during a nuclear war is referred to as the Nuclear Umbrella.

Oligarchy
It is a rule of a few persons belonging to the aristocratic background, in their own interests.

Ombudsman
In Sweden, the ombudsman is a high ranking public official responsible for hearing the people's grievances against various Government authorities and the matters of corruption in the Government. Similar public officials have been appointed in other countries to probe the charges of corruption against high-level authorities of the Government.
Officers of the Cabinet Rank by the Statute
1) Deputy Chairman of the Planning Commission.
2) Speaker of the Lok Sabha.
3) Leader of the Opposition in the Lok Sabha.

Open door policy
This is a trade policy adopted by a nation, which is characterized by the trade relations with all countries on equal and easy terms. There is no discriminative trade with any country.

Opinion Poll
Opinion polls are measures of public attitude, on any sort of issue, carried out by professional polling organizations whose main business is usually in market research. In the mass media a typical opinion poll is a measure of the voting intention of the electorate, of how the voters rank politicians and parties, and of what preferences the electorate has among various policy alternatives; these polls are taken with increasing frequency and assume greater importance as an election approaches.

Ordinance
An ordinance is a law promulgated by the head of the State in a situation of urgency when the Legislature cannot frame the law because either it is not in session or it is dissolved. An ordinance has the same effect as a law made by the Legislature. However, it is a temporary measure and has to be approved by the Legislature within a prescribed period, otherwise it ceases to be in operation.

Ostpolitik
This refers to the foreign policy of the West Germany through which it tried to reduce the cold war tensions with the communist countries and took the measures to establish the normal relations with these countries.

Panchayati-Raj
These are the institutions of local self-Government at village level. In India a three tier structure of the Panchayati Raj - Gram Panchayat Samiti and Gram Sabha at village level, Panchayat at the Block level and Zila Panchayat at District level-has been adopted. The purpose behind establishment of these institutions is to ensure participation of the people at the lower levels in the development process. The suggestions for the establishment of these institutions was made for the first time, in 1957 by the Balwant Rai Mehta Committee. A new system of Panchayati Raj has been enacted and implemented through the 73rd Constitutional Amendment Act, 1992. The new provisions of the Constitution give the Constitutional recognition to these institutions and endow them with more powers and autonomy.

Paramilitary Forces
Paramilitary forces are those uniformed, armed and disciplined bodies that exist in most countries to carry out internal security and policing functions which are beyond the capacity of ordinary police forces. Frequently the boundaries between what would be considered an ordinary police force and a paramilitary force are very blurred. Nevertheless, most countries have found it necessary to retain a force to cope with, for example, serious rioting and disorderly demonstrations, equipped for and allowed to use greater force than even police forces that are normally armed.

Parliamentary System
This is a form of Government in which the executive is responsible for its policies to the Legislature and the former can be removed from the office by passing a vote of no confidence by the popular House of the Legislature. The other features of the Parliamentary form of Government are, provision for two executives-one nominal (President or King) and another real (the Cabinet), collective responsibility of the Council of Ministers to the Parliament, indefinite term of office of the executive, close relations between the executive and the Parliament etc.

Partyless Democracy
It is assumed that the political parties are essential for the functioning of the democracy, but it is also true that the parties are responsible for the evils of the democracy. In a partyless democracy, elections are not contested on the party lines but on the individuals basis. Tai Prakash Narain has propagated the idea of a partyless democracy in order to free the democracy from the evils of the political parties.

Pentagon
This is the name of the building (given as per its design) where the Defence Ministry of the USA is housed. The name Pentagon has become synonymous with the defence department of the USA.

Personal Laws
It refers to those laws which are community specific and are based on the cultural and religious evolution of the people. This law regulates the personal laws of the people e.g. marriage, divorce, adoption, succession and inheritance of property.
Perestroika
This is a term of Russian language meaning 'Reconstruction'. The term was popularised by Mikhail Gorbachev, the President of the former Soviet Union, to signify the policy of reconstruction in economic and political system of the country. Perestroika along with 'Glasnost' (openness) were the twin principles of the proposed reforms of the Soviet Union. However, the new policy of reform led to the disintegration of the Soviet Union.

Personality Cult
It refers to an unqualified loyalty and faithfulness displayed by the people towards an individual or a leader due to his personal qualities. Gandhi, Nehru, Subhash Chandra Bose, Indira Gandhi, etc. enjoyed the status of a personality cult among the Indian people. However, personality cult is not considered good for a healthy democracy as it gives an undue attention to the personality of the leaders and diverts attention from the real issues and critical appraisals.

Picketing
It is a form of Gherao in which a group of persons sits on Dharna in front of an office or establishment to prevent normal activities of the establishment in order to press for the acceptance of its demands. During the Civil Disobedience Movement in 1930s, Congress workers held picketing before the shops selling foreign goods and demanded their closure.

Ping Pong Diplomacy
It refers to that practice of the Chinese foreign policy in which it invites the Table Tennis' teams
of the foreign countries in order to start the cordial dialogues and develop friendly relations with those countries. In other words, it means using the sports as a tool to achieve the objectives of the foreign policy.

Plebiscite
It means the opinion of the people on an issue, taken by the Government in order to take a decision about an important matter. For example, Pakistan is demanding a plebiscite in Jammu and Kashmir to decide whether the residents of that State would like to stay with India or with Pakistan.

Plenary Power
This means the absolute, unquestioned and uncontrolled power. Through the 24th Constitutional Amendment, the Parliament tried to assume plenary power but the Supreme Court, under the concept of the 'Basic Structure' of the Constitution, has negated the attempt of the Parliament. According to the Supreme Court, all the Legislations of the Parliament are subject to the Judicial review by the Court.
Plebiscitary Democracy
Plebiscites are referendums, a system for allowing the whole of an electorate directly to give their opinion on some political question. The most successful and long-term experience is that of Switzerland, where a host of ordinary policy questions are routinely put to the electorate, following a tradition dating to the 16th centuiy politics. One quite common use has been to hold a plebiscite for the population of a territory over which two countries have rival claims to sovereignty.

Pluralism
Pluralism is both a technical term in political science, and an evaluative word for a form of government, often used as a defence of what might otherwise be called liberal democracy or representative democracy. Technically a pluralist political system is one that has several centres of power and authority, rather than one in which the state is the sole controller of people's actions. Thus medieval society in Europe, where the monarchy and the church were co-equal rulers in their different spheres, and where craft corporations and feudal landlords also had a claim

Point of Order
It is an extra-ordinary process which when raised, has the effect of suspending the business before the House and the member who is on his legs gives way. This is meant to assist the Presiding Officer in enforcing the Rules, Directions and Provisions of the Constitution for regulating the business of the House.

Polarization
The excessive feeling of groupism and unity by some people with respect to some ideology, issue or matter is called the polarization. In politics, political parties, more often, get polarised around some issue or against a political party or ruling party. For example, during the National Emergency, all the opposition parties were polarised against the Congress party and formed a new party known as the Janata party.

Politburo
Technically the Politburo, the Political Bureau of the Communist Party of the Soviet Union (CPSU) (or other communist party organized along Soviet lines), was just a committee no more than, for example, the National Executive Committee of the British Labour Party. In practice the Politburo was as near as the USSR came to having a cabinet, a body continuously directing policy and making all urgent, and many day-to-day, decisions. Its exact role and power, as well as its membership, varied enormously over the period from 1917 to 1991.

Political Sabotage
When a political group or the Government tries to harm or finish its opponents through the conspiracies and clandestine activities, it is called a political sabotage.

Power politics
It means the participation in political activities with the sole objective of capturing the political power and showing disregard to public interest or the people's welfare. Mahatma Gandhi was highly critical of the power politics and advocated a politics based on morality. But in terms of the modern political analysis, all politics is essentially a power politics.
Privy Purse
After the independence, many Princely States were merged with the Indian Union on the condition that the Government of India will pay some fixed amount of money on annual basis to the rulers of such Princely States. The payment of this money is called the privy purse. The provision of the privy purse was made in order to compensate the rulers of the Princely States for the loss of revenue suffered by them due to the merger with India. The payment of the privy purse was stopped from 1971 by the Government.

Presidential Government This form of government is just the opposite of the Parliamentary form of government. In this form of government, the executive is not responsible to the Legislature for its policies and programmes. The term of office of the executive is fixed. There is no distinction between the real and the nominal executives and the executive does not enjoy a close relation with the Legislature. The United States of America provides an ideal example of the Presidential form of Government.

Proletariat Class
In Marxist ideology, the Proletariat class means a class of the poor persons (workers, labourers) which is deprived of the ownership of the means of production and distribution. The Proletariat class earns its livelihoods by working as labourers in the factories and industries owned by the Bourgeoise class (capitalists). They are subject to perpetual exploitation by the capitalists. Because of conflict of interest, there is continuous class struggle between the Proletariat class and the Bourgeoisie class.
Proportional Representation
This is a system of electoral representation in which every party wins seats in election in proportion to the votes polled to the party in election. For example, if a party gets 11% of the votes in an election of a Legislature, it would get 11 % of the seats in the Legislature. This system is adopted to eliminate the evils of 'first past the post' system (which is prevalent in India) in which the candidate who gets highest number of votes is declared elected and the votes polled to other candidates/parties are wasted. Thus the total seats won by a party in a House are disproportionate to the number of votes polled to it.
Protocol
The code of political conduct adopted by the nations in relations to each other is called the protocol. However, in general terms, protocol refers to any code of conduct adopted with respect to the treatment of the public functionaries.

Question Hour
The first one hour period (usually 11:00 a.m. to 12:00 a.m.) each day during the meetings of the Parliament is allotted for asking the questions by the members to be replied by the Ministers, is called the Question Hour. A ten days prior notice is required for asking questions in the Parliament by its members.

Quorum
It refers to the required presence of the minimum member of members of a body to hold its meetings and conduct its business. For example, the presence of 1/10 members (quorum of 1/10) is required to hold the meetings of the Parliament. In the absence of the quorum, the meeting is adjourned and no business is conducted.

Ratification
The process of ratification is the formal approval required by many constitutions which set up elaborate systems of checks and balances and which seeks to make certain kinds of constitutional change difficult to achieve without a substantial measure of political unanimity.

Recall System
This is an arrangement for recalling the representatives of the people before the expiry of their prescribed term by the majority votes by the electorates, if the representative fails to discharge his responsibility in the public interest. Thus it is the right of voters to recall their representative any time and elect a new representative. The Recall System is still prevalent in some Cantons (provinces) of Switzerland.

Red Giants
It refers to those Communist countries which are bigger in size and population. The red colour is identified with the communism. Generally, the Soviet Russia and China are referred to as the Red Giants.

Red Guards
Those young Chinese people were called the Red Guards, who used to tie red bands in their hands and propagated the principles and ideals propounded by their leader Mao-tse-tung. Red Guards were instrumental in the success of the Cultural Revolution in China.

Red Tapism
Traditionally the paper files used in the official works of the Government were tied with a red tape. Thus, the red tapism refers to undue delay in the movement of files or official business due to the bureaucratic hurdles at various levels. The undue delay in the official transactions and procedures defeats the very purpose of the Government policies and programs.

Referendum
The referendum is a method of referring a question or set of questions to the electorate directly rather than allowing them to be settled by the people's representatives in the legislature. It was used frequently in the USA from the revolutionary period at the state level and was used even earlier, and frequently since, in Switzerland. The policy question may originate from a group of electors directly via an initiative or from an official body such as a state government, legislature or constitutional council.

Repatriation
It means returning back of the people (refugees) or sending back of the war prisoners to their own country from/ by another country. For example, India is gradually repatriating Chakma refugees to Bangladesh.
Republic
Republic is unusual among political terms in being one that is actually very easy to give an ostensive definition to, but of which it is rather hard to explain the history. A republic is, very simply, a system of government that does not entail monarchy, nor, at least officially, aristocratic or oligarchical rule.

Responsible Government
In general terms, it means a Government which is elected by the people and is responsible to them for its policies and programmes. More specifically, it refers to the Parliamentary form of Government in which the executive (the Council of Ministers) is responsible to the Legislature (the popular House of the Parliament) for its activities and programmes. It is also called the Cabinet Government.

Rightists
Rightists are those persons and groups that subscribe to the conservative views about change and restructuring of the society. They are opposed to the Leftists in ideological spectrum. Rightists have faith in the tradition and advocate gradual change, not revolutionary change. The term 'Rightists' also originated in France after the revolution to refer to those parties and groups who sat on the right of the Chair and opposed the radical socio-economic changes in the French society. Those groups and persons who adopt the middle ideological position between the Rightists and the Leftists are called the Centrists.

Rule of Law
The concept of Rule of Law was given by the British political thinker Dicey. It means that every citizen is equal before the law and will get equal protection of the law. No person shall be discriminated on the grounds of caste, creed, religion, etc. Also, no one should be given special privileges in terms of the legal provisions. Rule of law is the corner stone of the modern democracies and the basis of the Constitutional Government.

Rule of Presumption
It means that the enactments of the Legislature are normally presumed to be constitutionally valid, unless the person who challenges the enactment proves that the law is discriminatory. However, the rule is not absolute in its application and would depend on the facts and circumstances of a particular case.

Sanctions
It means imposing restrictions by a country or a group of countries against another country whose policies or practices are not approved by them. Sanctions consist of the restriction on trade flow, supply of technology or armaments, snapping diplomatic contacts, cultural exchanges, etc. For example, many countries imposed sanctions against the white regime of South Africa due to its policy of apartheid against the native black population.

Sarvodaya
It literally means the welfare of all. The philosophy of Sarvodaya was propounded by Gandhiji and Vinoba Bhave. The ideology of Sarvodaya stands for the peaceful and gradual socio-economic changes ensuring the continuous welfare of all the people.

Secularism
The concept of secularism refers to the separation of religion from politics. In a secular State, there is no State religion and every person has freedom to adopt and pursue the religious faith of his/her choice. India is also a secular country. However, the Indian concept of secularism is more positive, which means equal treatment of all the religions ('Sarva Dharma Sambhava') and simultaneously protection of valid interests of the religious minorities.

Sit down Strike
This is a form of strike when the workers/ employees go for work in their respective places of duty but do not perform any work. Thus, they keep on sitting in their place of work without doing any work. This is also known as the pen down strike.

Snap poll
This refers to the mid-term elections which are held within a short notice as a result of a sudden and surprising dissolution of the Legislature. The elections of 1971 after the dissolution of the Lok Sabha is an example of the snap poll.

Social Justice
The idea of social justice denotes a social condition where there is a social equality, and exploitation of the weaker section is absent. In broad terms, it ensures an equal opportunity to all for development and growth. It is one of the principles included in the Preamble of the Indian Constitution. In practical politics, it means the amelioration of the weaker sections and the backward classes by providing them a special treatment and facilities.

Socialism
The ideology of socialism is just opposed to individualism and capitalism. It strives to socialise the ownership of the means of production and distribution through gradual control by the democratic means. It wants to evolve a society which is characterised by equality, welfare of all and the equal opportunity of development to all. Socialism realizes its objective through the agency of the State. The State is considered the representative of the public interest. Though the right to private property is recognised under the socialism, it is regulated by law in public interest.

Socialistic pattern of Society
The idea and programme of a socialistic pattern of society was enunciated by the Congress party in its Avadi session in 1955. This refers to a society characterised by an equal opportunity and equality of status to all, removal of exploitation, amelioration of conditions of the weaker sections. This is another name of the socialism in India.
Sovereignty
Sovereignty means the right to own and control some area of the world It has, nowadays, nothing to do with monarchy, which might seem to be implied by the connotation of sovereign, but entirely refers to the idea of independent rule by a country or institution over a certain territory or set of political concerns. Thus a country might dispute the sovereignty of an island over which another country had established control, claiming that they had the right to rule.

Starred and unstarred questions
When a member wants oral answer to his questions from a Minister in the House, such questions are called the starred questions. Supplementary questions can be asked after the answer to such a question.
When the answer is demanded by the members of the House in written, such a question is called the unstarred question. There is no provision of supplementary questions after the written reply.

Shadow Cabinet
It is a notional Cabinet formed by the main Opposition party in the Parliament wherein the members are assigned certain special functions to perform. Such members lead the Opposition during the discussions in the Parliament. It is also known as the 'Cabinet-in-waiting'.
This system not only provides a Government but also an effective Opposition. Further, it helps in training the members in the art of Governance even while in Opposition. The system can function only in the Parliamentary form of Government having only two political parties. It functions well in the United Kingdom.

Subordinate legislation
The rules and regulations made by the Government within the purview of the authority delegated by the Legislature are called subordinate legislation.

Split
It means division in a party as some members of the party leave it and they either join an other party or form a new party. The split in a party becomes inevitable when its leaders hold an irreversible position of confrontation. Split is the common feature of the Indian political parties on petty issues.

Stars and Stripes
This is the name of the National Flag of the U.S.A., which depicts many thick lines and as many Stars as there are States in the U.S.A.

Syndicalism
This is a form of socialism, which originated in France in later 19th century. Syndicalism aims at giving ownership and controls of the industries in the hands of the workers by adopting a violent means such as general strike and sabotage etc. French thinker Sorel was the chief profounder of the Syndicalism.

Territorial waters
The term refers to the extent of the territorial jurisdiction of a country in adjacent sea waters. In terms of the present principles of the International Law, the territorial waters of a country extends up to 12 Nautical Miles from its land boundary. Thus, a country can exercise all the sovereign rights in the territorial waters up to 12 Nautical miles.

Theocratic state
A theocratic State is opposed to a secular State. In theocratic state, a particular religion is recognized as the State religion and the transaction of the Government affairs is generally carried out in accordance with the canons and rules of the State religion. Saudi Arabia, Pakistan, Nepal etc. are some of the theocratic States, whereas India is a secular State.

Three Language Formula It is a compromise formula of the language problem evolved by the Union in consultation with the Governments of the States. Under this formula, if Hindi happens to be the mother tongue of the people of that State, then apart from English, a third language preferably a South Indian language should be taught to the students at Standards VI, VII and VIII. The formula has not been successful in India. The only State following this formula is Haryana which has introduced Telugu as the third language.

Two-Party System
When there exist only two parties in a country, sufficiently strong to win major part of the electoral vote and exercise political control, such a country is called working on a two-party political system. This does not mean that the other parties do not exist, but they are without much electoral influence so as to play effective role in the national politics. This system is working well in Bangladesh and in Sri Lanka.

Total Revolution
The concept of 'Total Revolution' was propounded by Jai Prakash Narayan. It refers to a new consciousness and awareness for a change among the people so that the fast and desirable changes and reforms can be brought about in the social, economic and political system.

Totalitarianism
Totalitarianism is a political concept often either combined with, or even confused with, others such as authoritarianism or dictatorship. The confusion arises because there trends to be an empirical connection so that authoritarian or dictatorial societies are often also totalitarian. There is, however, no necessary connection. To call a society totalitarian means that the political rulers control eveiy aspect of private and social life in the society, as well as having so extensive a political power that virtually no liberty or autonomy in decision-making is left to individuals or groups outside the political power system.

Treaty
This is a formal and written agreement between two or more Nations, which prescribes certain rules and conditions with respect to some matter. In the modern International Law, the conditions of a Treaty are binding on all the parties to the treaty. A treaty provides some rights and obligations to the member parties.

Ultimatum
It is making a binding declaration of the conditions by a party against its opponent to fulfill those conditions within the time limit mentioned in such a declaration. The ultimatum also mentions the consequences to follow, if the conditions are not met within the time. For example, the UN gave ultimatum to Iraq to remove its army from Kuwait and vacate her territory within a specified time.

Unattached members of the legislature
They are those members whose status vis-a-vis a political party, subsequent to defection or dismissal, is yet to be decided by the Presiding Officer of the Legislature.

War Crimes
The International Law prescribes certain rules for the regulation of the conduct of the States during a war. If a party to war violates these rules and indulges in killing, torturing or inflicting pain the innocent people, it is termed as war crimes. During Second World War, Germany and Japan were convicted of the war crimes by the Nuremberg Tribunal and the Tokyo Tribunal respectively.

Welfare States
The notion of a Welfare State was developed in 20th century. A Welfare State, as distinct from a Police State, performs multifarious activities and functions to ensure the welfare of the people with respect to health, education, social development, creating employment, removal of poverty and hunger, amelioration of the weaker sections of the society.

Whip
This is an official appointed by a political party to regulate and monitor the behaviour of its members in the Legislature. The violation of whip invites the disciplinary action against the erring party members. White Flag
The White Flag is the symbol of peace. It is displayed by a defeated and surrendering army in a war to signify its intention to surrender and request for peace.

Yellow peril
The communist China more often adopts hegemonistic policy towards its small neighbours. This danger emanating from the communist China is termed as the 'Yellow peril'.

Young Turks
Young Turks are those forward looking young

Zionism
It refers to the consciousness of unity and nationhood among the Jews. The movement of Zionism started in late 19th century and influenced all the Jews scattered throughout the world. The idea of Zionism aims at uniting all the Jews and establishing their own Nation-State in the territories occupied by the Palestinians. With support of the world powers, the Nation-State of the Jews, called Israel came into being in 1948.

Zero Hour
It is a period which follows after the Question Hour when the members raise any issue of public importance on very short or even without any notice. The procedure is not recognized under the Rules and Procedures of the Parliament, but has become conventional since 1970's.
Presidential Form of Government
Main features of a Presidential form of Government are:
1. No distinction between the Notional and the Real Executive. The executive powers of the Government are not only vested in the President, they are exercised by him in actual practice also. The President is, thus, both the head of the State and the head of the Government.
2. President is elected by the people for a fixed term. The President is elected, not by the Legislature, but directly by the entire electorate. Thus, both in regard to his election and tenure the President is not dependent on the Legislature.
3. The President is the sole Executive. All executive powers of the Government are vested in the President and are exercised by him. His Cabinet has merely the status of an advisory body. Constitutionally, he is not bound by its advice. He may take the advice or may not take it at all. After getting the opinion of the Cabinet, he may refuse to accept it and may choose to act according to his own judgement.
4. Both the President and the Legislature are independent of each other in respect of their terms. The President and the members of his Cabinet are not members of the Legislature. The Legislature has no power to terminate the tenure of the President before its full constitutional course, other than by impeachment. Similarly, the President has no power to dissolve the Legislature before the expiry of its term. Thus, the President and the Legislature are elected for fixed terms.

Merits

The following are the merits of the Presidential form of Government:
1. Greater Stability: In the Presidential systems, the head of State has a fixed term. This ensures stability of the system. He is also free from day-to-day Legislative duties and control, which enable him to devote his entire time to administration.
2. Valuable in time of War or National Crisis. The Presidential executive is a single executive. In taking decisions, the President is not bogged down by endless discussions in his Cabinet. He can take quick decisions and implement them with full energy. Such a government, therefore, is very useful in the times of war or national crisis.
3. Experts may be obtained to head the Departments. The President can select the persons with proper expertise to head various departments of the Government. These heads of departments constitute his Cabinet. The Ministers under the Presidential system, therefore, prove to be better administrators, whereas Ministers in a Parliamentary system are appointed as Ministers not because of administrative acumen, but simply because of their political affiliation.
4. Less dominated by the Party Spirit. Once election to the office of the President is over, the whole nation accepts the new President as the leader of the nation. Political rivalries of the election days are forgotten. Both inside the Legislature and outside it,, people look at problems from a national rather than a party angle. This gives the system greater cohesion and unity.
5. No concentration of Legislative and Executive powers. Presidential system is organised on the principle of separation of functions and checks and balances. This provides much better protection to personal liberties than in the Parliamentary system.

Demirits

Presidential system has been criticized on the following grounds:
1. Autocratic and Irresponsible. The Presidential system places immense powers in the hands of the President.
It is autocratic because the President is independent of the control of the Legislature. He may govern largely as he pleases. He cannot be made answerable regularly for the misdeeds of his administration. The Legislature (Congress) in the United States can turn down the appointments and treaties made by the President, but it can in no way remove him from the office, except through the impeachment. A power hungry President may misuse his powers to amass wealth, and to finish off political opponents.
2. Presidential Election is an Untidy Affair. The President in this system is elected directly. The election to this office generates great heat and tension. The whole national life gets disturbed. In countries where constitutional traditions are not as deep rooted as in the United States, tensions and instability of the election time can even result in revolutions.
3. Friction and Discord between the President and the Legislature. The separation of the Executive and the Legislature may led to conflicts and deadlocks between the President and the Legislature. The Legislature may refuse to accept executive policies, or enact the laws suggested by the executive. The President, on the other hand, may show lack of interest in implementing the laws passed against his will. He may even veto the bills passed by the Legislature. Such deadlocks are more frequent when the party to which the President belongs does not have a majority in the Legislature.
4. Responsibility is hard to find. In the Presidential system, it becomes difficult to fix responsibility for the Governmental failures. The President may blame the Legislature, the Legislature may put the blame on President. In the US, most of the bills are referred to the committees of the Legislature, on the report of which the bills are passed. The powers of these committees are immense. The committees have not only seized the power of law-making, they have also made fixing of responsibility in this regard very difficult.
Judicial Activism
Judicial Activism: It connotes the assertive role played by the Judiciary to force the other organs of the State to discharge their duties, assigned to them by the Constitution, towards the public. Judicial Activism, in essence, has been forced upon the Judiciary by an insensitive and unresponsive administration that disregards the interests of the people. It is a phenomenon that has been made popular by the Supreme Court in recent times, to ensure that the administration of the country does not suffer because of the negligence on the part of the Executive and the Legislature. The power of Judicial Activism has emanated from the power of the judicial review of the Constitution.
However, Judicial Activism is a welcome phenomenon only in the short-run. If it is carried out for long, it may destroy the concept of the separation of the powers between the Judiciary assuming greater powers from the executive and the legislature without proper checks and balances. The Judiciary should, therefore, employ self-restraint and should evolve a code of ethics for the Judges while indulging in Judicial Activism and should use it only as a last resort.

Need for restraint on Judicial Activism
1. The critics argue that the Supreme Court is blurring the constitutional demarcation of Art. 32 and Art. 226 by hearing the cases and the passing the verdicts on the cases other than those involving breach of Fundamental Rights.
2. The then Chief Justice of the Supreme Court, J.S. Verma, himself expressed concern over the 'monitoring' exercise being performed by the Patna High Court Bench in the fodder scam case. Important to note is the order of August 29, 1997 by the bench when it even appeared questioning the Union Government's right to institute an inquiry into the circumstances under which the Army's help was sought to arrest Mr. Laloo Prasad Yadav, the then Chief Minister of Bihar.
3. The Supreme Court indirectly and gently reminded the Delhi High Court of the inappropriateness of its decision to entertain the petition challenging Mr. R.C. Sharma's appointment as the CBI's director by the Centre, after Mr. Joginder Singh. Members of a political party, who espouse radical ideas and criticize reactionary policies of the party.
Fee and tax: Fee is regarded as a sort of return on consideration for the services rendered. Therefore, the levy of fee must be proved to be quid pro quo for the services offered. On the other hand, tax is a compulsory extraction of money by the public authority for public purposes and it is not the payment for services rendered. A tax can be levied only after the approval of the Legislature.

Difference Between: Curfew and Prohibitory Order: Curfew is an act resorted to after there has been a public disorder. When imposed, it may severely restrict freedom of movement in the affected area. On the other hand, Prohibitory order is a preventive measure to safeguard law and order in the society. When imposed, it prohibits the assembly of five or more persons at the same place. Criminal procedure is initiated in the case of violation by any private individual in either case to the obedience of citizens, was truly pluralist.
Returning Officer and Presiding Officer: The Returning officer is an official in-charge of the entire constituency, right from the nomination to the declaration of the election results. Generally, the District Magistrate is appointed as the Returning Officer. On the other hand, the Presiding Officer is the head of a polling booth and functions under the control of the Returning Officer.
The State Executive & the State Legislature: India
o In India, except Jammu & Kashmir, all the States have the same pattern of Government as the Centre.
o Powers and authority of the State executive extend only to the territory comprising the State, while that of the Union Executive extend to the whole of India.

The Governor
o The Constitution provides for an office of the Governor in the States (Article 153).
o Usually, there is a Governor for each State, but the Constitution (seventh amendment) Act of 1956, facilitated the appointment of the same person as a Governor for two or more States or Lt. Governor of the Union Territory.
o A Governor is the chief executive head of a State, but like the President of India, he is a nominal executive head (or de jure or titular or Constitutional head).
o When a Governor discharges the responsibilities of more than one State, he acts on the advice of the Council of Ministers of the respective States.
o The Governor also acts as an agent of the Central Government and therefore, the office of the Governor has a dual role.

Appointment and Conditions
o A Governor is appointed by the President of India by a warrant under his hand and seal, on the recommendations of the Union Council of Ministers.
o He is an agent of the Centre to which he reports fortnightly, on the affairs of the State.
o His usual term of office is five years but he holds office during the pleasure of the President.
o He can also be transferred from one State to another by the President.
o He can also resign any time by addressing his resignation to the President.
o The Legislature of a State or a High Court has no role in the removal of a Governor.
o A person may be appointed as a Governor for any number of terms.

Conditions for Governor to be appointed:
i) Citizen of India
ii) He should have completed the age of 35 years.

o The constitution lays down the following conditions for the Governor's office:
i) He should not be a member of either House of the Parliament or of the House of the State Legislature.
ii) He should not hold any other office of profit.
iii) His emoluments, allowances and privileges shall be determined by the Parliament of India.
iv)When the same person is appointed as the Governor of two or more States, the emoluments and allowances payable to him shall be allocated among the States in such proportion as determined by the President of India.
v) His emoluments and allowances should not be diminished during his term of office.
o The Oath of the office to the Governor is administered by the Chief Justice of the concerned State High Court and in his absence, the senior-most Judge of that Court available.

Salary, Allowances & Immunities to the Governor
o The salary and allowances of the Governor are drawn from the Consolidated Fund of State.
o The Governor is entitled to a salary of Rs 36,000 per month, rent-free accommodation and other allowances under the provision of the Governor (salary and other allowances) Act, 1982.
o Since 1987, it has been provided that the salary and other allowances of the Governor cannot be diminished to his disadvantage during the term of his office.
o Under Article 361, a Governor is not answerable to any court for the performance of the power and duties of his office.
o No criminal proceedings can be instituted or continued in any form as long as a person holds the office of the Governor. However, no such immunity is available in case of civil cases, the only respite being that the Governor should be given a two months' prior notice containing full details of such proceedings.
o A Court cannot issue an arrest warrant or other punishments during his term of the office.

Powers and Functions
o A Governor possesses Executive, Legislative, Financial and Judicial powers analogous to the President of India.
o He has no diplomatic, military or emergency powers like the President.
o The Governor has also been given certain discretionary powers which are not available to the President.
About Governors: India
Financial Powers
o Money Bill can be introduced in the State Legislature only with the prior recommendation of the Governor.
o No demands for a grant can be made except on his recommendation.
o He can make advances out of the Contingency Fund of the State to meet any unforeseen expenditure.
o He constitutes a Finance Commission after every five years to review the financial position of the Panchayats and the Municipalities.
o The Constitution confers on the Governor, the duty to get prepared and introduced to the State Legislature, the annual budget and also the supplementary budgets, if necessary.

Judicial Powers
o He can grant pardons, reprieves, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
o The pardoning power of the Governor differs from that of the President in following respects:
i) The President can pardon death sentence while the Governor cannot.
ii) The President can pardon sentences inflicted by the Court martial while the Governor cannot.
o He is consulted by the President while appointing the Judges of the concerned State High Court.
o He makes appointment, postings and promotions of the District Judges in consultation with the State High Court (Art 233)
o He also appoints persons to the Judicial Services of the State (other than District Judges) in consultation with the State High Court and the State Public Service Commission.

Emergency Powers
o If the Governor is satisfied that the Government of the State cannot be carried on in accordance with the provisions of the Constitution, he may, under Art, 356 recommend to the President to impose the President's rule (Constitutional Emergency) in that State.
o As soon as the President rule is imposed, the administration of the State is carried on by the Governor acting as the representative of the President.

Appointment and Removal of Governors:
o The wholesale removal of some of the NDA appointed governors by the UPA government has created a major controversy regarding the guidelines as to their removal and appointment of the Governors.
o It is for the 3rd time that such wholesale removal has taken place. Once in 1990 under National Front government, 2nd in 1998 under NDA and the 3rd in 2004.
o This time the removal has been on the basis of the allegiance of these governors to a particular socio-political ideology
o But the existing interpretation of the constitution clearly says that the President at his sweet will can remove Governors, without assigning any reason whatsoever.

Sarkaria Commission Recommendations On the qualification of a governor, the Commission recommended:
a) He should be eminent in some walk of life
b) He should be a person from outside the state
c) He should be a detached figure without intense political links, or should not have taken part in politics in recent past
d) He should not be a member of the ruling party

On the process of appointment, the Commission recommended that
1. The governor should be appointed from a panel to be prepared by state legislature or
from a panel to be prepared by the state chief ministers
2. Effective consultation should be made with the state chief minister in selection of a person for the post of governor.
3. Vice-President of India and Speaker of Lok Sabha should be consulted by the Prime Minister before selection of the Governor.

On the removal, the Commission suggested that
a) As far as possible the term of 5 years should be maintained
b) The governor should be removed before their tenure only on the grounds as mentioned in the Constitution or if aspersions are caste on his morality, dignity, constitutional propriety etc.
c) In the process of removal, state government may be informed and consulted.

o The recently appointed National Commission for the Review of Working of Constitution under the chairmanship of Justice Venkatachalliah has adopted the recommendation of Sarkaria Commission as aforesaid. Dr Ambedkar in the constituent Assembly debate also referred that each state is sovereign in its own sphere and this unnecessary encroachments are unjustified.

Discretionary powers of the Governors:

o Reservation of a bill for the consideration of the President.
o Recommendation for the imposition of the President's rule in the State.
o While exercising his functions as the administrator of an adjoining Union Territory (in case of additional charge).
o Appointment of the Chief Minister when no party has clear cut majority in the State Legislature.
o Seeking information from the Chief Minister with regard to the administrative and legislative matters of the State.
o Dismissal of the Council of Ministers when it cannot prove the confidence of the State Legislative Assembly.
o Dissolution of the State Legislative Assembly if the Council of Ministers has lost its majority.
o Determining the amount payable by the State of Assam to the autonomous Tribal District Council as royalty accruing from licenses for mine exploration.
o The Governor has certain special responsibilities to discharge according to the directions issued by the President. In this regard, the Governor though has to consult the Council of Ministers, acts finally in his individual judgment and discretion.

They are:
i) Maharashtra: Establishment of a separate Development Boards for Vidarbha and Marathwada.
ii) Arunachal Pradesh: With respect to the law and order in the State.
iii) Assam: With respect to the administration of the Tribal areas.
iv) Nagaland: With respect to the law and order in the State.
v) Manipur: With respect to the administration of the hill areas in the State.
iv) Sikkim: For peace and for ensuring social and economic advancement of the different sections of the population.
vii) Gujarat: Establishment of a separate Development Boards for Saurashtra and Kutch.
State Executive and Legislature:
The Chief Minister
o The Chief Minister is the real executive and is the head of the Government of a State.
o The position of the Chief Minister at the State level is analogous to the position of the Prime Minister at the Centre.

o The Chief Minister shall be appointed by the Governor.
o Other Ministers shall be appointed by the Governor on the advice of the Chief Minister.
o Normally the leader of the majority party in the Vidhan Sabha is appointed as the Chief Minister by the Governor.
o The Governor shall administer the oath of office and secrecy to the Ministers.
o The salaries and allowances of the Ministers shall be determined by the State Legislature.

Powers and Functions

In relation to the Council of Ministers
o Recommends persons to be appointed as the Ministers by the Governor.
o Allocates and reshuffles the portfolios among the Ministers.
o Can ask a Minister to resign or advise the Governor to dismiss the Minister in case of difference of opinion.
o Presides over the meetings of the Council of Ministers and influences its decisions.
o Guides, directs, controls and coordinates the activities of all the Ministers.
o Can bring about the collapse of the Council of Ministers by resigning from the office.

In relation to the Governor
o He is the principal channel of communication between the Governor and the Council of Ministers.
o He communicates to the Governor of all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation.
o He furnishes such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for.
o If the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
o He advises the Governor with regard to the appointment of important officials like Advocate General, the Chairman and the Members of the State Public Service Commission, the State Election Commissioner etc.

In relation to the State Legislature
o He advises the Governor with regard to the summoning and proroguing of the sessions of the State Legislature.
o He can recommend the dissolution of the Legislative Assembly to the Governor any time.
o He announces the Government policies on the floor of the House.
o Chief Minister is the leader of the party in power, leader of the State and the political head of the services, under the State.

The Advocate General
o The Advocate General is the first law officer of a State.
o His office and functions are comparable to that of the Attorney General of India.
o Appointed by the Governor and holds the office during his pleasure.
o His remunerations are also determined by the Governor.
o To be appointed to the office of the Advocate-General, he/she must be qualified to be a Judge of the High Court.
o He has the right to attend and speak in the proceedings of either Houses of the State Legislature without any right to vote.
o He has the right of audience in any Court in the State.
The State Legislature
o The Legislature of every State consists of the Governor and one or two Houses.
o The Legislatures of Jammu and Kashmir, Bihar, Maharashtra, Karnataka and Uttar Pradesh are bicameral i.e. having both the Legislative Assembly and the Legislative Council. Other States have unicameral legislatures i.e. there exists only the State Legislative Assembly.

The Legislative Council (Vidhan Parishad)
o As per the Constitution, the number of members of the Legislative Council is not to exceed one-third of the total strength of the State Assembly. However, its strength should not be less than 40 either.
o The members of the Legislative Council are derived from various sections and streams of the society:
a. Not less than one-third to be elected by the Panchayats, Municipalities, District Boards, etc.
b. Not less than one-third to be elected by the Legislative Assembly.
c. Not less than one-twelfth to be elected by the graduates of three years standing residing in the State.
d. Not less than one-twelfth to be elected by the persons having teaching experience of three years in educational institutions.
e. The remainder one-sixth to be nominated by the Governor from among the distinguished persons of the society in the field of literature, science, arts, cooperative movement and social service.
o Just like the Upper House at the Centre, the Legislative Council of a State is never dissolved. The members are elected for a term of 6 years and l/3rd of its members retire every two years.

Creation and Abolition of Legislative Council
o The Parliament, under Art. 169, is empowered to create or abolish the Legislative Council in a State.
o Where the Legislative Council is to be created or abolished, the concerned State Legislative Assembly should pass a resolution to this effect by a majority of two-third of the members present and voting.
o After this, the Bill goes to the Parliament for approval, which may or may not pass it.
o . In Parliament, such a resolution is passed by a simple majority.

The Legislative Assembly (Vidhan Sabha)
o The Legislative Assembly is the popular House of the State Legislature where members are directly elected by the people for a term of five years, unless the House is dissolved by the Governor earlier.
o The strength of this popular House should not be less than 60 or more than 500.
this number and, in fact, the strengths of Goa and Sikkim Legislatures are less than 60.
o The Governor may nominate one member from the Anglo-Indian community to this House, if he thinks that the community is not adequately represented.
o The sessions of the State Legislature, and its officers as well as their functions are almost similar to those at the Union level.


Legislative Procedure
o In an Unicameral Legislature, the procedure is very simple. Every Bill originates in the Vidhan Sabha, duly passed by it and then sent to the Governor for his assent.
o However, in a Bicameral Legislature, the process is different. The Money Bill follows the similar procedure as in the Parliament.

Financial and Ordinary Bills
o The Bill should be passed by both the Houses. The Vidian Parishad does not enjoy an equal status to that of the Vidhan Sabha, whereas in the Parliament, both the Lok Sabha and the Rajya Sabha enjoy equal status.
o After a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council, there are three possibilities namely:
a. The Bill is rejected by the Council;
b. More than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or
c. The Bills passed by the Council with amendments, then the Bill returns to the Legislative Assembly. The Legislative Assembly may or may not accept the recommendations.


o If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council:
a) the Bill is rejected by the Council; or
b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or
c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;

o The Bill shall be deemed to have been passed by both the Houses in the form in which it was passed by the Legislative Assembly for the second time.
o The Legislative Council has the power to introduce the bill, but if the Vidhan Sabha rejects it, that is the end of the Bill.
o Unlike at the Union level, there is no provision of joint-sitting in the State Legislature for resolving deadlock over the passage of a Bill.
o The two Houses meet jointly on only one occasion- the Governor's address immediately after the general election to the Vidhan Sabha or at the commencement of the first session of each year.
Powers of Governor
Executive Powers:
o All Executive actions of the Government of a State are formally taken in his name.
o Fie can make rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.
o He can make rules for more convenient transaction of the business of a State Government and for the allocation among the Ministers of the said business.
o He appoints the Chief Minister and other Ministers on the advice of the Chief Minister. They hold office during the pleasure of the Governor.
o There should be a Tribal Welfare Minister in the States of Bihar, Madhya Pradesh and Orissa appointed by the Governor.
o He appoints the Advocate - General of a State and determines his remuneration. The Advocate-General holds office during the pleasure of the Governor.
o He appoints the Election Commissioner for the State and determines the conditions of service and tenure of the office.
o He appoints the Chairman and the Members of the State Public Service Commission. However, they can be removed only by the President of India and not by the Governor.
o He can seek any information relating to the administration of the affairs of the State and proposals for legislation from the Chief Minister.
o He can ask the Chief Minister to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council of Ministers.
He can recommend for the imposition of the Constitutional emergency in a State to the President. During the period of the President's rule in a State, the Governor enjoys the extensive executive powers as an agent of the President.
o The Governor has the power to suspend the Members of the State Public Service Commission.
o Though the Governor does not have the power to appoint the Judges of the High Court but his consultation is required by the President for the appointment of the Judges of the High Court.
o If the Governor is satisfied that the members of the Anglo-Indian community are not adequately represented in the Vidhan Sabha, he may nominate one member.
o If Vidhan Parishad is also in existence in a State, the Governor has the power to nominate 1/6 of the total members of the Vidhan Parishad from among the persons who have excelled or have practical experience in the fields of Literature, Science, Arts, Co-operative Movement and Social Services.

Legislative Powers
o A Governor is an integral part of the State Legislature (Article 168).
o He has the right of summoning or proroguing the State Legislature and dissolving the State Legislative Assembly.
o He can address the State Legislature at the commencement of the first session after each general election and the first session of each year.
o He can send message to the House or the Houses of the State Legislature, with respect to a Bill pending in the Legislature or otherwise.
o He can appoint any member of the State Legislative Assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant simultaneously.
o He decides on the question of disqualification of the members of the State Legislature in consultation with the Election Commission.
o When a bill is sent to the Governor after it is passed by the State Legislature, he has the following options:
i) Give his assent to the Bill, or
ii) Withhold his assent to the Bill, or
iii) Return the Bill (If it is not a Money Bill) for reconsideration of the State Legislature. If the State Legislature again passes the Bill with or without amendments, a Governor has to give his assent to the Bill.
o He must reserve for the consideration of the President, any Bill passed by the State Legislature which endangers the position of the State High Court. In addition, as identified by Soli Sorabji, the Governor can also reserve the Bill if it is of the following nature:
i) ultra vires, that is, against the provisions of National Importance
ii) Opposed to the Directive Principles of State Policy
iii) Dealing with compulsory acquisition of property under Article 31 -A of the Constitution.
o He can promulgate Ordinances when the State Legislature is not in session (Article 213). These Ordinances must be approved by the State Legislature within six weeks from its reassembly. He can also withdraw the Ordinance any time.
He lays the reports of the State Public Service Commission, State Finance Commission and the Comptroller and Auditor General relating to the accounts of the State, before the State Legislature (Article 202).
o He ensures the laying of the State budget before the Legislature.
Center-State Relations
Administrative Relations : Articles:
256 Obligation of States and the Union.
257 Control of the Union over States in certain cases.
257A [Repealed.]
258 Power of the Union to confer powers, etc., on States in certain cases.
258A Power of the States to entrust functions to the Union.
259 [Repealed.]
260 Jurisdiction of the Union in relation to territories outside India.
261 Public acts, records and judicial proceedings.

Disputes relating to Waters
262 Adjudication of disputes relating to waters of inter-State rivers or river valleys.

Co-ordination between States
263 Provisions with respect to an inter-State Council.

Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State. Legislation for giving effect to international agreements. Inconsistency between laws made by Parliament and laws made by the Legislatures of States. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

Parliament's power to legislate for giving effect to the treaties and international agreements:
o Article 253 empowers the Parliament to make any law for the whole or any part of the territory of India tor implementing the treaties and international agreements and convention even if the subjects covered by such treaties and agreements fall within the State List.
In other words, the normal distribution of the powers will not stand in the way of the Parliament to pass a law for giving effect to an international obligation even though such law relates to any of the subject in the State List.
In case of failure of the Constitutional machinery in a State: Under Article 356, The Parliament is empowered to make laws with respect to all the matters in the State List when the Parliament declares that the State Government cannot be carried on in accordance with the provisions of the Constitution and the Parliament assumes all the Legislative functions of the States. Thus from the scheme of distribution of legislative powers between the Union and the States, it is quite evident that the framers have given more powers to the Union Parliament as against the State Legislatures.

Centre's control over the State Legislation
In addition to the Parliament's power to legislate directly on the State subjects, the Constitution also provides for the Centre's consent before a Bill passed by a State Legislature can become a law.
a) Although the State enjoys authority to legislate on the subjects of the State List, the Centre has power to direct the State Legislature to have conformity with the Union Laws.
b) Any legislation passed by the State Legislature for acquisition of private property for public purposes will not become a law unless it has the assent of the President (Art. 31 A).
c) Under Art. 200, the Governor is empowered to reserve a Bill for the President's consideration. Further, under the same Article, the Governor has been directed to reserve any Bill affecting the dignity and functioning of the High Court for the President's consideration.
d) Under Art. 288(2) a State is authorized to impose taxes on water, electricity - stored, generated, consumed or distributed by the Central authority e.g. National Thermal Power Corporation (NTPC), National Hydel Power operation, etc. But any such law is effective only after the President's assent.
e) Under Art. 304(b), the State Legislature is authorized to pass Bills regarding the imposition of reasonable restrictions on the freedom of trade, commerce, and intercourse within the State in public interest. But any such Bill needs the President's prior approval for its introduction in the House.
Constitution (Introduction)
What is Constitution?
o Constitution means a document having a special legal sanctity, which sets out the framework and principal functions of the Government.
o There are various forms of Government prevalent across the world. Constitution of a country gives idea about the basic structure of the political system under which its people are to be governed.
o The idea of Constitutionalism suggests ways and means to work out a governmental form, which exercises power and ensures, at the same time, individual freedom and liberty.
o Constitutionalism suggests a way for reconciling the power of the State with individual liberty, by prescribing the principles of organizing the State.
o It defines the powers of the main organ of the State, demarcates their responsibilities and regulates their relationships with each other and with the people.
o It can also be termed as the "Fundamental Law" of a country which reflects people's faith and aspirations.

Significance of the Constitution
o The philosophy embodied in a nation's constitution determines the kind of Government present there.
o A constitution outlines the vision of the state and is its most important document.
o A constitution ensures certain rights to its citizens as well as define their duties.
o A constitution is an expression of faith and hopes, that people have from the state, and the promises that they wish to make for the future.

Is Constitution static?
o A Constitution is an extension of the philosophical and organizational frameworks into the future.
o But as State has to face the challenges of changing social, economic and political conditions in the society.
All living Constitutions provide for procedures for introducing changes in them by means of amendments.

Written and unwritten Constitutions: Constitutions of most countries came into existence as a result of a conscious decision to have such a document. These are the 'written' Constitutions, which provide institutional arrangements and procedures, e But, the laws and institutions of British Constitution have gradually evolved over the centuries. The British Constitution is an 'unwritten' Constitution. It comprises the constitutional conventions that act as precedents for the working of institutions and other documents such as the statutes and Acts of Parliament. Here the Parliament is supreme, unlike the 'written' Constitution where, the Constitution is supreme.
In Britain, any change in the Constitution is possible by means of laws passed by the Parliament. There is no distinction between an ordinary law and a constitutional law. This is an example of the most flexible form of Constitution.

Constitutional Developments
The Indian Administrative structure is largely a legacy of the British rule. The various functional aspects such as public services, education system, political set up, recruitment, training, office procedures, district administration, local administration, police system, revenue administration, budgeting, auditing, and so on, have their roots in the British rule.
The British rule in India can be divided into two phases- the Company rule till 1858 and the Crown's rale from 1858 to 1947.
Landmarks
The landmarks in the development of the Constitution are:

Regulating Act of 1773
This was the first step taken by the British Government to control and regulate the affairs of the East India Company in India.
o It designated the Governor of Bengal as the Governor-General of India.
o The first Governor-General was Lord Warren Hastings.
o It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal. The Supreme Court was established at Fort Williams as the Apex Court in 1774.

Pitt's India Act of 1784
It was introduced to remove the drawbacks of the Regulating Act.
Was named after the then British Prime Minister.
Placed the Indian affairs under the direct control of the British Government.
Established a Board of Control over the of Directors.

Charter Act of 1833
It made the Governor-General of Bengal as the Governor-General of India.
First Governor-General of India was Lord William Bentick.
Governor-General's Council were separated.
It introduced a system of open competition as the basis for the recruitment of civil servants of the Company.

Government of India Act of 1858
This Act transferred the Government, territories and revenues of India from the East India Company to the British Crown.
In other words, the rule of Company was replaced by the rule of the Crown in India.
The powers of the British Crown were to be exercised by the Secretary of State for India.
o The Secretary of State was a member of the British Cabinet.
o He was assisted by the Council of India, having 15 members.
o He was vesterlwith complete authority and control over the Indian administration through the Governor-General as his agent.
o He was responsible ultimately to the British Parliament.
o The Governor-General was made the Viceroy of India.
Lord Canning was the first Viceroy of India.

Indian Councils Act of 1861 It introduced for the first time the representative institutions in India.
o It provided that the Governor-General's Executive Council should have some Indians as the non-official members while transacting the legislative businesses.

Government of India Act of 1935
o The Act provided for the establishment of an All-India Federation consisting of the Provinces and the Princely States as the units.
o The Act divided the powers between the Centre and the units in terms of three lists, namely the Federal List, the Provincial List and the Concurrent List.
o The Federal List for the Centre consisted of 59 items, the Provincial List for the Provinces consisted of 54 items and the Concurrent List for both consisted of 36 items.
o The residuary powers were vested with the Governor-General.
o The Act abolished the Dyarchy in the Provinces and introduced 'Provincial Autonomy'.
o It provided for the adoption of Dyarchy at the Centre.
o Introduced bicameralism in 6 out of 11 Provinces.
o These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United Province.
Indian Independence Act of 1947
o Till 1947, the Government of India functioned under the provisions of the 1919 Act only, the provisions of 1935 Act relating to Federation and Dyarchy were never implemented.
o The Executive Council provided by the 1919 Act continued to advice the Governor-General till 1947.
o It declared India as an Independent and Sovereign State.
o Established responsible Governments at both the Centre and the Provinces.
o Designated the Governor-General of India and the Provincial Governors as the Constitutional Heads (nominal heads).
o It assigned dual functions (Constituent and Legislative) to the Constituent Assembly and declared this dominion legislature as a sovereign body.

Framing of The Constitution of India

o The Constitution of India was framed and adopted by the Constituent Assembly of India.
o The Constituent Assembly was set up in November 1946 as per the Cabinet Mission Plan of 1946.
o The members were elected indirectly by the Provincial Assemblies in the ratio of one member per one million population.
o There were a total of 389 members in the Constituent Assembly of which 296 were elected by the members of the Provincial Assemblies and the rest were nominated by thejMncely States.
o Its first meeting was held on 9th December 1946, with Sachidanand Sinha as the interim President.
o On 11th December 1946, Dr. Rajendra Prasad was elected as the President of the Constituent Assembly.
o The historic 'Objective Resolution' was moved in the Constituent Assembly by Pt. Jawahar Lai Nehru on 13th December 1946.
o The Constituent Assembly formed 13 important committees for framing the Constitution.
o The Drafting Committee was appointed on 29 August 1947, with Dr. B.R. Ambedkar as the Chairman.
o The first draft of the Constitution was prepared in October 1947.
o The Draft Constitution of India prepared by the Drafting Committee was submitted to the

Phases of Indian Constitution
i) 1 st Phase: As Constituent Assembly under the limitations of Cabinet Mission Plan from 6th September 1946 to 14th August 1947.
ii) 2nd Phase: As Constituent Assembly, a sovereign body. Provisional Parliament from 15th August 1947 to 26th November 1949,
iii) 3rd Phase: As a Provisional Parliament from 27th November 1949 to March 1952. President of the Assembly on 21 February l948.
o The clause-by-clause consideration of the Draft Constitution was taken up between 15 NovemberT948 and 17 October 1949.
o On 26 November 1949, the people of India through the Constituent Assembly adopted, enacted and gave to themselves the Constitution of India.
o The Constitution was finally signed in by the members of the Constituent Assembly on 24 January 1950, which was the last day of the Assembly.
o The Constitution came into full operation with effect from 26 January 1950.
o During this period the Constituent Assembly acted as a 'temporary Parliament' [15 August 1947- 26 November 1949].
o The Constitution was approved by the members and was signed in by 284 members of the Constituent Assembly.
o It is considered to be the second lengthiest Constitution in the world after the Constitution of Yugoslavia.
o Originally, it had 22 parts, 395 articles and 8 schedules.
o The Constituent Assembly toijk 2 years, 11 months and 18 days to frame the Constitution.
The demand for the Constituent Assembly to draft the Constitution of India was, for the first time, raised by the Congress in 1935. The British Government accepted this demand, for the first time, in the 'August Offer' of 1940.
The seats were allocated to three communities-Muslims, Sikhs and General-in proportion to their population. The Mountbatten Plan of June 3, 1947 announced the partition of the country and a separate Constituent Assembly for the proposed State of Pakistan. Consequently the members of the Constituent Assembly representing those areas which were to be included in Pakistan, East Bengal, North-West Frontier Province (NWFP), West Punjab, Sindh, Baluchistan, and Sylhet district of Assam, were no more members of the Constituent Assembly of India. North-West Frontier Province and Sylhet decided through a referendum to remain with Pakistan.
Therefore, the membership of the Constituent Assembly for India was reduced to 299 after partition.
The first meeting of the Constituent Assembly was boycotted by the Muslim League. Shri. B.N. Rau was appointed as the Legal Advisor of the Constituent Assembly.
Drafting Committee of Constitution
Chairman: Dr BR Ambedkar Members
1. N Gopalswami Ayyangar
2. Alladi Krishnaswami Ayyar
3. KM Munshi
4. Mohammed Sadullah
5. BL Mittar (replaced by N Madhav Rao)
6. DP Khaitan (who died in 1948 and was replaced by TT Krishnamochari)

Dr. B.R. Ambedkar is rightly regarded as the 'Father of the Constitution of India'. According to Article 394, provisions relating to the citizenship elections, provisional Parliament and temporary and transitional provisions contained in Articles 5, 6, 7, 8,9, 60,324,366,367,379,380,388,391, 392 and 393 came into force on the day of adoption (i.e. 26 November 1949) of the Constitution and the remaining provisions of the Constitution came into being on the day of the commencement (i.e. 26 January 1950) of the Constitution.
According to Article 395, the Government of India Act of 1935 and the Indian Independence Act of 1947 got replaced with the commencement of the Constitution of India.

Committees of the Constituent Assembly
The Constituent Assembly appointed 22 committees to deal with different tasks of Constitution-making. Out of these, 10 were on procedural affairs and 12 on substantive affairs. These were as follows: Committees on Procedural Affairs
1. Steering Committee (Chairman: Dr K M Munshi)
2. Rules of Procedure Committee (Chairman: Dr Rajendra Prasad)
3. House Committee
4. Hindi Translation Committee
5. Urdu Translation Committee
6. Finance and Staff Committee
7. Press Gallery Committee
8. Committee on the effect of Indian Independence Act of 1947
9. Orders of Business Committee
10. Credentials Committee

Committees on Substantive Affairs
1. Drafting Committee (Chairman: Dr B R Ambedkar)
2. Committee for Negotiating with States (Chairman: Dr Rajendra Prasad)
3. Committee on Chief Commissioners' Provinces
4. Union Constitution Committee (.Chairman: Jawaharlal Nehru)
5. Provincial Constitution Committee (Chairman: Sardar Patel)
6. Special Committee to Examine the Draft Constitution (Chairman: Sir Alladi Krishnaswamy Iyer)
7. Commission on Linguistic Provinces
8. Expert Committee on Financial Provisions
9. Ad-hoc Committee on National Flag
10. Union Powers Committee (Chairman: Jawaharlal Nehru)
11. Ad-hoc Committee on the Supreme Court
12. Committee on Fundamental Rights and Minorities (Chairman: Sardar Patel)

Different Sources of Our Constitution

January 26 was selected as the date of commencement of the Constitution of India because on this date in 1930, Indian people observed 'Independence day', following the resolution of 'Purna Swaraj' of the Congress session held in the midnight of December 31, 1929 at Lahore.
o The founding fathers of our Constitution had before them the accumulated experience from the working of all the known constitutions of the world, and were aware of the difficulties faced in the working of those constitutions.
o Hence, besides incorporating some provisions from the other constitutions, a number of provisions were included to avoid some of the difficulties experienced in the working of these constitutions.
o This is an important reason for making our Constitution the lengthiest and the most comprehensive of all the written constitutions of the world.
o The most profound influence was exercised by the Government of India Act of 1935, the federal scheme, office of governor, power of federal judiciary, emergency powers etc were drawn from this Act. The British practice influenced the lawmaking procedures, rule of law, system of single citizenship, besides, of course, the model of a parliamentary government. The US Constitution inspired details on the independence of judiciary, judicial review, fundamental rights, and the removal of Supreme Court and High Court judges. The Irish Constitution was the source of the Directive Principles, method of Presidential elections, and the nomination of members of Rajya Sabha by the President. From the Canadian Constitution was taken the idea of a federation with a strong Centre, and placing residuary powers with the Centre. The Weimar Constitution of Germany was the source of provisions concerning the suspension of fundamental rights during emergency. The idea of a Concurrent List was taken from the Australian Constitution.
Constitutional Provisions
Provisions of Constitution and their source:
1. Independence of Judiciary- USA Constitution
2. Judicial Review - USA Constitution
3. President as the Executive head - USA Constitution
4. President as the Supreme Commander of the Armed Forces- USA Constitution
5. The Vice-President as the ex-officio Chairman of the council of states... USA Constitution
6. Fundamental Rights- USA Constitution
7. Preamble - USA Constitution
8. Removal of Supreme Court and High Court Judges- USA Constitution
9. Law making procedures- UK Constitution
10. Rule of Law - UK Constitution
11. System of single citizenship - UK Constitution
12. Parliamentary system with ministerial responsibility - UK Constitution
13. Federation with a strong Centre- Canadian Constitution
14. Distribution of powers between the Union and the States and placing residuary powers with the Centre- Canadian Constitution
15. Directive Principles - Irish Constitution
16. Method of Election of the President- Irish Constitution
17. Nomination of members of the Rajya Sabha by the President - Irish Constitution
18. Emergency and its effect on Fundamental Rights Weimar Constitution of Germany
19. The Concurrent List - Australian Constitution
20. Provision regarding trade, commerce and intercourse ... Australian Constitution
21. Constitutional Amendments- South African Constitution
22. Fundamental Duties- Japanese Constitution
23. Republic - French Constitution

Nature of the Indian Constitution
o Though the members of the Drafting Committee of the Constituent Assembly called the Indian Constitution federal although nowhere mentioned in the Constitution itself), some jurists dispute this title.
o The Western scholars generally take the US Constitution as a role model of federal Constitution and exclude those Constitutions, which do not conform to it from the nomenclature of 'federation'.
o But now, it is increasingly realised that any assumption of such a typology is fallacious, and it is generally agreed that the question whether a state is unitary or federal is one of degrees, and whether it is a federation or not depends upon the number of federal features it possesses.

What is a Federation?
o It is a group of regions or States united with a Central Government or a Federal Government.
o A federation has a well-established dual polity or dual form of Government i.e. the field of Government is divided between the Federal and the State Governments which are not subordinate to one another, but co-ordinate and are independent within their allotted spheres.
o Therefore, the existence of co-ordinate authorities independent of each other is the gist of thejfederal principle.

Indian situation
o A perusal of the provisions of the Indian Constitution reveals that the political system introduced by it, possesses all the aforesaid essentials of a federal polity.
o The Indian Constitution establishes a dual polity with the Union at the Centre and the Statesjitjhe periphery, each enjoying powers clearly demarcated by the Constitution.
o The Constitution is written and supreme, with enough power to declare enactments in excess of the powers of the Union or State Legislatures as ultra vires (this has been firmly established after Keshavananda case in 1913)
Moreover, no amendment making any change in the status or powers of the Centre and the States is possible without the participation of the States (Art. 368).
o Finally, the Supreme Court is the apex authority to interpret the Constitution of India as well as decide on disputes arising out of Centre-State relations.
o Even though all the five essential characteristics are present in the Indian Constitution, in certain circumstances, the Constitution empowers the Centre to interfere in the matters of the States, which places the States in a subordinate position.
This violates the federal principle.
Provisions in the Indian Constitution which are not strictly federal in character
o The question of the extent of federality is a different matter and in this regard the Constitution of India has certain distinctive features having a bias towards the Centre.
o The political system of a country is, by and large, the outcome of the circumstances, which certainly differ from one country to another.
o The following are the provisions in the Indian Constitution which are not strictly federal in character:

1. In the USA and Australia, the states have their own Constitutions which are equally powerful as the federal Constitution, but in India, there are no separate Constitutions for the member States.
2. India follows the principle of uniform and single citizenship, but in the USA and Australia, double citizenship is followed.
3. In the USA, it is not possible for the Federal Government to unilaterally change the territorial extent of a State but in India, the Parliament can do so even without the consent to the State concerned (Art 3). Thus, the States in India do not enjoy the right to territorial integrity.
4. If the President declares national emergency
for the whole or part of India under Art. 352, the Parliament can make laws on subjects, which are otherwise, exclusively under the State List. The Parliament can give directions to the States on the manner in which to exercise their executive authority in matters within their charge. The financial provisions can also be suspended.
5. Under Art. 155, the Governor of a State is appointed by the President and the former is not responsible to the State Legislature. Thus indirectly, the Centre enjoys control over the State through the appointment of the Governor.
6. If financial emergency is declared by the President under Art. 360. on the ground that the financial stability or credibility of India or any of its units is threatened, all the Money Bills passed by the State Legislatures during the period of financial emergency are also subject to the control of the Centre.
7. Under Art. 256, the Centre can give administrative directions to the States, which are binding on the latter. Along with the directions, the Constitution also provides measures to be adopted by the Centre to ensure such compliance.
8. Under Art. 312. All India Services officials- IAS, IPS and IFS (forest) - are appointed by the Centre, but are paid and controlled by the State. However, in case of any irregularities by the officer, States cannot initiate any disciplinary action except suspending him/her. 9. Judges of the High Courts are appointed by the President in consultation with the Governors under Art. 217 and the States do not play any role in this. Thus, apart from certain provisions which are biased towards the Union, the Constitution of India, in normal times, is framed to work as a federal system.
But in times of war and other emergencies, it is designed to work as though it were unitary. The federal Constitutions of the USA and Australia, which are placed in a tight mould of federalism, cannot change their form. They can never be unitary as per the provisions of the Constitution. But, the Indian Constitution is a flexible form of federation-a federation of its own kind. That is why Indian federation is called federation sui generis. Prof K C Wheare described the Constitution of India as 'Quasi Federal' and remarked that Indian Union is 'a unitary State with subsidiary Federal features rather than a Federal State with subsidiary unitary features'. Granville Austin described Indian Federalism as 'Co-operative federalism'. Dr B R Ambedkar said that Indian Political system is both "Unitary as well as federal according to the requirements of time and circumstances".
The Preamble
o The Preamble to the Constitution sets out the main objectives which the Constituent Assembly intended to achieve.
o The 'Objective Resolution', proposed by Pandit Nehru and passed by the Constituent Assembly, ultimately became the Preamble to the Constitution of India.
o As the Supreme Court has observed, the Preamble is a key to unravel the minds of the makers of the Constitution.
o It also embodies the ideals and aspirations of the people of India.
o The Constitution (42nd Amendment) Act, 1976 amended the Preamble and added the words Socialist, Secular and Integrity to the Preamble.
o The Preamble is non-justiciable in nature, like theDirective Principles of State Policy, and cannot be enforced in a court of law.
o It can neither provide substantive power (definite and real power) to the three organs of the State, nor limit their powers under the provisions of the Constitution.
o The Preamble cannot override the specific provisions of the Constitution.
o In case of any conflict between the two, the latter shall prevail.
o So, it has a very limited role to play.
o As observed by the Supreme Court, the Preamble plays a vital role in removing the ambiguity surrounding the provisions of the Constitution.

Purpose of The Preamble

o The Preamble declares that it is the people of India who had enacted, adopted and given the Constitution to themselves.
o Thus, sovereignty lies ultimately with the people.
o It also declares the ideals and aspirations of the people that need to be achieved.
o Ideals are different from aspirations. While the former have been achieved with the Constitution proclaiming India as Sovereign,
Socialist, Secular, Democratic Republic, the latter include justice, liberty, equality and fraternity, which are yet to be achieved.
The ideals are the means to achieve aspirations.

The Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Sovereign
The word 'Sovereign' emphasizes that there is no authority outside India on which the country is in any way dependent.

Socialist
By the word 'Socialist', the Constitution means the achievement of socialistic pattern of society through democratic means.

Secular
o That India is a 'Secular state' does not mean that India is non-religious or irreligious, or anti-religious, but simply that the State in itself is not religious and follows the ancient Indian principle of "Sarva Dharma Samabhava".
o It also means that the State shall not discriminate against the citizens in any way on the basis of religion.
o The State regards religion to be the private affair of a person including the right to believe or not to believe in a religion.
o However, India is not secular in the sense the Western countries are, due to its distinctive socio-cultural environment.

Is it a part of Constitution?
o The Supreme Court in the Kesavananda Bharati vs. State of Kerala (1971) case overruled its earlier decision (Berubari case) of 1960 and made it clear that it is a part of the Constitution and is subject to the amending power of the Parliament as any other provisions of the Constitution, provided the basic structure of the Constitution as found in the Preamble is not destroyed. However, it is not an essential part of the Constitution.
o In the latest S.R. Bommai case, 1993 regarding the dismissal of three BJP Governments in MP, Rajasthan and Himachal Pradesh, Justice Ramaswamy said, "the Preamble of the Constitution is an integral part of the Constitution. Democratic form of government, federal structure, unity and integrity of the nation, secularism, socialism, social justice and judicial review are basic features of the Constitution".
o The question arises as to why Preamble was amended when it is a basic feature. By the 42nd amendment, the Preamble was amended to include 'socialist',' secular' and 'integrity' as it was assumed that these amendments are clarifying and qualifying in nature. They are already implicit in the Preamble

Democratic
o The term 'Democratic' means that the rulers elected by the people only, have the authority to run the government.
o India follows a system of 'Representative Democracy', where the MPs and MLAs are elected directly by the people.
o Efforts are being made to take democracy to the grassroots through Panchayats and Municipalities (73rd and 74th Constitutional Amendment Acts, 1992).
o However, the Preamble envisages not only political democracy but also social and economic democracies.

Republic
The word 'Republic' means that there exists no hereditary ruler in India and all the Authorities of the State are directly or indirectly elected by the people.

The Preamble states that the objectives to be secured to every citizen are-
1. Justice: social, economic and political
o Regarding justice, one thing is clear that the Indian Constitution expects political justice to be the means to achieve social and economic justice, by making the State more and more welfare oriented in nature.
o Political justice in India is guaranteed by universal adult suffrage without any sort of qualification.
o While social justice is ensured by abolishingjmy Jitle of honour (Art. 18)
and untouchability (Art. 17), economic justice is guaranteed primarily through the Directive Principles.

2. Liberty: of thought, expression, belief, faith and worship
o Liberty is an essential attribute of a free society that helps in the fullest development of intellectual, mental, and spiritual faculties of an individual.
o The Indian Constitution guarantees six democratic freedoms to individuals under Art. 19 and Right to freedom of religion under Arts. 25-28.

3. Equality: of status, opportunity
o The fruits of liberty cannot be fully realized until there is an equality of status and opportunity.
o Our Constitution makes it illegal, any discrimination by the State only on the basis of religion, caste, sex, or place of birth (Art. 15) by throwing open public places to all, by abolishing untouchability (Art. 17) and by abolishing titles of honour (ArtJ8).
o However, to bring the hitherto neglected sections of the society into the national mainstream, the Parliament has passed certain laws for the SCs, STs, OBCs (Protective Discrimination).

4. Fraternity
Fraternity as enshrined in the Constitution means a sense of brotherhood prevailing amongst all the sections of the people. This is sought to be achieved by making the State secular, guaranteeing fundamental and other rights equally to people of all sections, and protecting their interests. However, fraternity is an evolving process and by the 42nd amendment, the word 'integrity' was added, thus giving it a broader meaning.
KM Munshi termed it as 'the Political Horoscope'. Earnest Barker calls it the 'key to the Constitution'. Thakurdas Bhargava recognized it as the 'Soul of the Constitution'. The term 'Socialistic pattern of society' was adopted as a goal of the Indian State by the Congress in 1955 in Avadi Session.
Reorganization of States, Union and Territories
Reorganization of States:
"    Andhra Pradesh: Created by the State of Andhra Pradesh Act, 1953 by carving out some areas from the State of Madras.
"    Kerala: Created by the State Reorganisation Act, 1956. It comprised Travancor and Cochin
"    Karnataka: Created from the Princely State of Mysore by the State Reorganisation Act, 1956. It has been renamed Karnataka in 1973.
"    Gujarat and Maharashtra State of Bombay was divided into two States i.e., Maharashtra and Gujarat by the Bombay (Reorganisation) act.
"    Nagaland: It was carved out from the State of Assam by the State of Nagaland Act 1962.
"    Haryana: It was carved out from the State of Punjab by the Punjab (Reorganisation) Act, 1966
"    Himachal Pradesh: The Union Territory of Himachal Pradesh was elevated to the status of State by the State of Himachal Pradesh Act, 1970.
"    Meghalaya: First carved out as a sub-State withjn the State of Assam bv 23rd Constitutional Amendment. 1969. Later, in 1971, it received the status of a full-fledged State by the North-Eastern Areas (Reorganisation) Act, 1971.
"    Manipur and Tripura: Both these States were elevated from the status of Union Territories by the North-Eastern Areas (Reorganisation) Act, 1971.
"    Sikkim was given first the Status of Associate State by the 35th Constitutional amendment Act, 1974. It got the status of a full State in 1975 by the 36th Amendment Act, 1975.
"    Mizoram: was elevated to the status of a full State by the State of Mizoram Act, 1986.
"    Arunachal Pradesh: It received the status of a full State by the State of Arunachal Pradesh Act, 1986.
"    Goa: Goa was separated from the Union Territory of Goa, Daman and Diu and was made a full-fledged State by the Goa, Daman and Diu Reorganisation Act, 1987. But Daman and Diu remained as Union Territory.
"    Chhattisgarh: Formed by the Constitutional Amendment Act 2000 by dividing Madhya Pradesh on November 1, 2000.
"    Uttaranchal:Formed by the Constitutional Amendment Act 2000 by dividing Uttar Pradesh on November 9, 2000.
"    Jharkhand: Formed by the Constitutional Amendment Act 2000 by dividing Bihar on November 15, 2000.
The argument put forward for the creation of three new states are as follows:
o In the case of Uttaranchal comprising 11 hill districts of UP, the need arises due to the underdevelopment of the region; its geographical distinctness; administrative remoteness from the State capital and the consequent problems.
o The border districts believe that being strategically important, their being made into a new state will confer on them additional importance.
o Regarding the question of viability, Uttaranchal is viable as it has great potential in tourism, horticulture etc. which can help in generating revenue.
o The region is self-sufficient in irrigation and can generate enough electricity.
o UP, being the most populous State, is administratively unmanageable, unless it is carved into two or more States.
o In the case of Jharkhand (18 districts at the time of formation), the cultural neglect of the region by outsiders and economic backwardness were the main causes of resentment among the locals.
o The region is very rich in mineral resources and generated substantial revenues not only for the State of Bihar but also for the country.
o Unfortunately, very little is spent on the region.

The Union and its Territory
o Article 1 says, "India, that is Bharat, shall be a Union of Slates".
o India has opted for the Federal form of Government due to its large size and socio-cultural diversities, but the word 'Federation' does not find mention in the Constitution.
o The term 'Union' was suggested by Dr BR. Ambedkar, which indicates two things, first, Indian Union is not a result of agreement of independent and sovereign states, and second, the Units/States do not have right to secede from the Union.
o Union of India includes only the States which share federal powers with the Centre.
o India is an indestructible Union of destructible States.
o The Drafting Committee thought that it was better to make it clear at the outset, rather than leave it to speculation.
o The expression 'Union of India' needs to be distinguished from the expression 'Territory of India'.
o While the Union of India includes only the States which share federal powers with the Centre, Territory of India includes the entire territory over which the sovereignty of the country is exercised.
o Apart from the States, the territory of the country includes the Union Territories and other territories acquired by India.
Formation of new States
o Article 3 deals with the formation of a new State out of the territories of the existing States.
o Parliament, under Article 3, can increase or diminish the area of any State or alter the boundaries or change the name of any State.
o The Indian Constitution empowers the Parliament to alter the territory or names, etc, of the States without their consent or concurrence.
o Thus, it is clear that the very existence of a State depends upon the sweet will of the

Part I: union and territory:
Article:
1 Name and territory of the Union.
2 Admission or establishment of new States.
2 A [Repealed.]
3 Formation of new States and alteration of areas, boundaries or names of existing States.
4 Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

o The Articles 2, 3 and 4 thus demonstrate the flexibility of the Indian Constitution.
o By a simple majority and by ordinary legislative process, Parliament may form a new State or alter the boundaries etc of the existing States and thereby, can change the political map oflndia.

Creating new states
o Of late, there are many demands for new States. For e.g. Telangana (Andhra Pradesh), Vidharbha (Maharashtra), Bodoland (Assam), Gorkhaland (West Bengal), Kodagu (Karnataka), PojndicherryHarit Pradesh (UP), Delhi etc.
o Needless to say, all the demands cannot be met as it would lead to proliferation of States to a point of federal burdens; they are economically unviable; national unity would be threatened; small States are not necessarily better-governed as seen in the north-east; administrative problems about creation of institutions like High Court, Secretariat etc; the costs of setting up a capital etc, to name some problems of creating new states.
o However, Union Parliament has passed three Acts in 2000 for the creation of three new states-Uttaranchal, Jharkhand and mittee accepted its recommendations in 1949, but the demand for the linguistic reorganisation of the States persisted in the southern States particularly in the Telugu speaking areas. As the agitation took a violent turn in the Telugu speaking areas, the Congress conceded the reorganization of the Telugu speaking area in the State of Andhra Pradesh in 1953.
To make an exhaustive study of the problem, the Government of India set up the State Reorganization Commission in 1953 which was headed by Fazal.


Creation of more States:
o The Constitution (One hundred and second Amendment) Bill, 2003 and the State of Delhi Bill, 2003 seeking to grant Statehood to Delhi, which were introduced in the Lok Sabha on 18.8.2003 and referred to the Department-related Parliamentary Standing Committee on Home Affairs, lapsed with the dissolution of the thirteenth Lok Sabha.
o An Inter-Ministerial Committee headed by an Additional Secretary in the Ministry has been entrusted to examine the earlier Bills in the light of observations made by the Department-related Parliamentary Standing Committee and suggestions made by the Chief Minister, Delhi with a view to exploring the possibility of introducing fresh Bills.
o Under the Common Minimum Programme, the Government declared that it is committed to consider the demand for the formation of a Telangana State at an appropriate time after due consultations and consensus.

Demand for Smaller States:
o It was in the year 2000 that 3 new small states Uttaranchal, Chhatisgarh and Jharkhand were carved out from UP, MP and Bihar respectively.
o Demands for several other states like Vidarbha, Telangana, Harit Pradesh, Mithilanchal, Bodoland etc have been constantly made.
o It was the victory of TRS in 2004 elections in Andhra Pradesh, which has again fuelled the demand for new states.

Why such demands arise?
1. The relative under development of a particular region as compared to the other regions of the same state.
2. Lack of participation in mainstream politics and decision making from a particular region.
3. Distinct cultural identity based on language, tribe etc existing in a particular pocket of the state.
4. Distance from the power centre in the state leading to problem of administrative inefficiency and sense of alienation among the people.
5. Politics of vote bank.

Advantages of small states
o It will increase administrative efficiency leading to proper utilization of resources.
o Development will take place and regional disparities will become narrow.
o Small states are more effective for fiscal management.
o The popular demands, needs and problems of thf; region may be addressed to efficiently.
o There shall be greater competition among states for more development.

o Smaller states~wflThave more homogenous preferences. Disadvantages
o It will open the Pandora's box creating demand for more states.

o It will add to the burden of administrative expense, which could have been utilized for development work.
o Smaller states do not necessarily show better economic performance, e.g. North eastern states.
o It may increase inter-state conflicts e.g. water.
o The disputes may lead to more and moro demand for special packages fojdjeyelojjment by the parent state


State Reorganization Act:
Chairman: Fazal Ali Members
1. Hriday Nath Kunzru
2. KN Panikkar

o The Commission in its report, submitted in 1955, accepted the language as the basis of the reorganisation of the States.
o It suggested the reorganisation of 27 States of various categories into 16 States and three Union Territories.
o The State Reorganisation Act, 1956 was passed by the Parliament to give effect to the recommendations of the Commission.
Chhattisgarh (16 districts) is the rice bowl of the then Madhya Pradesh, but is economically backward. It has mineral resources that can make it economically viable. Madhya Pradesh, being the biggest state of the country, needed to be divided so that administrative problems and a feeling of neglect among the locals do not arise.
o While it is true that the grievances are genuine and the demands need to be met, the concerns of the Federal government about other regions and ethnicities of the country raising similar demands must be understood.
o Given the fact that ours is a federal system which is going through a process of democratic consolidation in times of transition, characterised by coalition governance, the option of creating new states needs to be considered with utmost caution, howsoever convincing the reasons for such creation may be.
o The State of Jammu & Kashmir has been given special slalu,sund£rArticle.37Q, which became operative on November 17,1952. The separate Constitution of the State was drafted by the Constituent Assembly of Jammu & Kashmir and became effective on January 26,1957.
o There are special provisions for the States of Andhra Pradesh, Gujarat and Maharashtra under Article 371, for the State of Nagaland under Article 371 A, for Assam
o Parliament can form new States, alter the area, boundaries or names of the existing States by a law passed by a simple majority.
o No Bills for the formation of new States or alteration of the boundaries or names of the existing States shall be introduced in either House of the Parliament, except orMhe recommendation of the President.
o The President, before introducing the Bill in the Parliament, shall refer it to the concerned State Legislature for its opinion within a specified time limit.
o If the State Legislature does not give its opinion within the specified time limit, the time limit may be extended.
o The Bill may be introduced even if the opinion has not come.
o The Parliament is not bound to accept or act upor the views of the State legjsjajujre.
o It is not necessary to make fresh reference to the State Legislature every time on an amendment to the bill, proposed and accepted under Article 37IB and for Sikkim under Article 37 IF.

Reorganisation of States: Background
o After independence, the demand for the reorganization of the States on the linguistic basis was raised from different regions.
o The Constituent Assembly appointed the S.K. Dhar Commission in November 1947 to study the issue of the reorganisation of the States on linguistic basis.
o The Congress, in its Jaipur session in 1948, appointed a three member committee to consider the recommendations of the Dhar Commission.
o The Committee is popularly known as the JVP Committee after the names of its three members- Jawaharlal Nehru, Vallabh Bhai Patel and Pattabhi Sitarammaiah.
o The Committee rejected language as the basis for the reorganisation of the States.
National Symbols
National Flag: Adopted by the Constituent Assembly on 24th of July 1947, the ratio between the length and breadth is 3:2, consists of strips of 3 colors-saffron, white and green, from top to bottom, and a wheel of blue color in the middle having 24 spokes.

National Emblem: Taken from the Ashokan Pillar in Sarnath. There are four lions standing back to back, mounted on an abacus with a frieze carrying sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening wheels. The words "Satyamewa Jayate" from the "Mundaka Upanishad", meaning "Truth Alone Triumphs" inscribed below, in Devanagari Script.

National Anthem: The song composed originally in Bengali by Ravindra Nath Tagore, was adopted in Hindi version by the Constituent Assembly as the National Anthem of India on 24th January 1950. It was first sung on 27th December 1911 at the Calcutta session of the Indian National Congress.

National Song: The song Vande Mataram, composed in Sanskrit by Bankimchandra Chatterji, was a source of inspiration to the people in their struggle for freedom. It has an equal status with 'Jana-gana-mana'. The first political occasion when it was sung was the 1896 session of the Indian National Congress.

National Calendar: The national calendar based on the Saka Era, with Chaitra as its first month and a normal year of 365 days was adopted from 22 March 1957 along with the Gregorian calendar for the official purposes. Dates of the national calendar, 1 Chaitra falling on 22 March normally and on 21 March in leap year.

National Animal: The magnificent tiger, Panthera tigiris is the national animal. The combination of grace, strength, agility and enormous power has earned the tiger its pride of place as the national animal of India. To check the dwindling population of tigers in India, 'Project Tiger' was launched in April 1973. So far, 27 tiger reserves have been established in the country under this project.

National Bird: The Indian peacock, Pavo cristatus, is the national bird of India. It is a colorful, swan-sized bird, with a fan-shaped crest of feathers, a white patch under the eye and a long, slender neck.
The peacock is widely found in the Indian sub-continent from the south and the east of the Indus river, Jammu and Kashmir, east Assam, south Mizoram and the
whole of the Indian peninsula. The peacock is fully protected under the Indian Wildlife (Protection) Act, 1972.

National Flower:, Lotus {Nelumbo) is the national flower of India. It is a sacred flower and occupies a unique position in the art and mythology of ancient India and has been an auspicious symbol of Indian culture since time immemorial.
Essential Characteristics of the Federation
1. Distribution of powers: An essential feature of a federal Constitution is the distribution of powers between the Central Government and the Governments of the several units forming the federation.
2. Supremacy of the Constitution: The Constitution is binding on the Federal and the State Governments. The Central Government as well as the State Governments derives their powers from the Constitution. Also, neither of the two Governments should be in a position to override the provisions of the Constitution related to the powers and status enjoyed by the other.
3. Written Constitution: The Constitution must be necessarily a written one. This is basically to avoid any doubt about the supremacy of the Constitution as well as to clearly demarcate the powers between the Centre and the State governments.
4. Rigidity of the Constitution: This feature is a corollary to the supremacy of the Constitution. Rigidity does not mean unamendability of the Constitution, but simply means, the power of amending the Constitution, especially the regulating status and powers of the Federal and the State Governments, should not be confined exclusively either to the Federal or to the State Governments.
5. Authority of the Courts: There must be an authority that can prevent the Federal and State Governments from encroaching upon each other's powers. Secondly, there should be a final Supreme Court which should not be dependent upon the Federal or State Governments and should have the last word in matters involving Constitutional affairs.

Difference Between a Federation and Confederation
Federation is a close association (legal) between two or more units, while Confederation is a loose association of two or more States.
In a Federation, units normally do not have the right to secede (as in India and Pakistan), but in the case of a Confederation, the States always enjoy the right to secede (e.g. CIS, erstwhile USSR). A Federation is a sovereign body, while in a Confederation the units or the States are sovereign.
In a Federation, there exists a legal relation between the Federation and its people, but in Confederation, the people are the citizens of the respective of the Confederation.
Consitution Articles and Doctrines
Sarkaria Commission Report on the Office of Governor
To provide greater neutrality to the person holding the office of the Governor, the Sarkaria Commission has suggested certain standards to be followed by the Central Government while appointing a person to the office. These are:
o The State must be consulted before the appointment of a person to the office of the Governor.
o The Governor should not belong to the same State.
o He should be an eminent figure in any walk of life.
o He should have detached himself from the local politics of that State.
o He should not have been actively involved in politics in recent past.
o He should not be a politician of the ruling party at the Centre, if the State to which he is being appointed is ruled by some other party (parties).
o Persons of the minority groups should continue to be given a chance.
o System of sending fortnightly report to the President by the Governor must continue.
o The power of the Governor to refer any Bill to the Centre for the President's assent must continue.

Powers of the President and Governor: A Comparison
o The office of the President is more ceremonial than functional. But the Governor's office is ceremonial as well as functional.
o The Constitution has explicitly conferred certain discretionary powers on the Governor, but for the President, there are no explicit discretionary function it is inferred from the constitution.
Other than all the discretionary powers of the President, a Governor enjoys the following powers, which are not enjoyed by the President:
o According to Art. 163(1), there shall be a Council of Ministers to aid and advise the Governor in the exercise of his functions, except in so far as he is required to exercise his discretion. Thus, the discretionary powers of the Governor are explicitly mentioned in Art. 163.
o According to Article 163(2), if any question arises whether any matter is discretionary or not, the decision of the Governor in his discretion shall be the final.
o Exercising powers under Art. 200, the Governor can reserve the Bill passed by the State Legislature for the President's consideration. Such power is not available to the President.
o Under Article 356, the Governor can invite the President to take over the administration of a State, if he feels that the State Government cannot function in accordance with the provisions of the Constitution. Thus the administration of the State will be directly under the control of the Governor. But there is no such provision of taking over the administration for the President.
o A Governor can exist without the aid and advice of the Council of Ministers (during the President's Rule). But the President cannot function without the aid and advise of the Council of Ministers. That is, there is no provision of "the President's Rule" for the Union.
o The Governors of certain States have been granted 'Special Responsibilities' under the Constitution (Art. 371). In fact, this power has been invested to the office of the President who directs the State Governors to perform specific works/duties.
o The 'Special Responsibility' is totally at the discretion of the Governor and his individual judgment cannot be questioned in any court of law. Under the cover of Special Responsibility, the Governors of different States have different functions:
a. For the Governors of Maharashtra and Gujarat, it is regarding special care, for the development
of Vidarbha and Saurashtra regions respectively.
b. For the Governor of Nagaland, it is the maintenance of law and order so long as disturbance
by the Nagas continues.
c. For the Governor of Manipur, it is regarding securing proper functioning of the Committee of
Hill Areas.
d. For the Governor of Sikkim, it is basically for peace in the State and equitable arrangement
for ensuring social and economic advancement of different sections.
e. In the States of Bihar, Madhya Pradesh and Orissa, the Governors have to see that a Special
or Separate Ministry for the development of tribals is constituted.
Thus the office of the Governor is that of both dignity and authority, while that of the President is more of dignity and prestige.

Doctrine of Colorable Legislation
o This doctrine is explicitly applicable in a Federal Constitution.
o In a federal Constitution, the transgression of its limits of power by a Legislature may be either overt and direct or disguised, indirect and covert.
o If the legislation is disguised, indirect and covert, it is called 'colourable' legislation.
o In this case, although the subject on which the Legislature makes laws falls within its competence in outward appearance, its real intention is to transgress the power of other Legislature covertly or in a disguised way.
o Applying the doctrine of colourable legislation, the Court can invalidate the entire law.
o The motive and spirit of the doctrine is that what the Legislature cannot do directly, it cannot do the same indirectly also.
o This doctrine was upheld by the Supreme Court in the case of Moopil Nair Vs State of Kerala.

Doctrine of Pith and Substance
o Within their respective spheres, the Union and the State legislatures are made supreme and they should not encroach on the sphere reserved for the other.
o If a law passed by one encroaches upon the field assigned to the other, the Court will apply the doctrine of pith and substance.
o If it is found that the law in substance is within the subjects assigned to that Legislature and the intention of the law is genuine, the law shall be held valid in its entity, even though there is some overlapping.
o The justification of this is that since there cannot be clear-cut division of powers between the Centre and the States, a strict verbal interpretation of any provision would result in invalidation of many laws on the ground of overlapping.
o The Supreme Court propounded this doctrine in the case of State of Rajasthan Vs G. Chawla in 1959.
o In the opinion of the Court, such encroachment is only incidental and hence the extent of invasion is immaterial.
PART VI THE STATES
Articles:
152 -Definition. THE EXECUTIVE The Governor
153 -Governors of States.
154 -Executive power of State.
155 -Appointment of Governor.
156 -Term of office of Governor.
157 -Qualifications for appointment as Governor.
158 -Conditions of Governor's office
159 -Oath or affirmation by the Governor.
160 -Discharge of the functions of the Governor in certain contingencies.
161 -Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
162 -Extent of executive power of State. Council of Ministers
163 -Council of Ministers to aid and advise Governor.
164 -Other provisions as to Ministers. The Advocate-General for the State
165 -Advocate-General for the State. Conduct of Government Business
166 -Conduct of business of the Government of a State.
167 -Duties of Chief Minister as respects the furnishing of information to Governor, etc.
Center-State Relations
B. Administrative Relations: Centre-State relations
o The success and strength of a federal polity depends upon the maxim of co-operation and co-ordination between the Governments.
o In fact, the adjustment of the administrative relations between the Union and the States is one of the complicated problems in a federal system of Government.
o The framers of the Indian Constitution, therefore, decided to include detailed provisions to avoid clashes between the Centre and the States in the administrative domain.
o The Indian Constitution has a strong mark towards the Centre to make it strong. The Central administration prevails over the State administration.
o The executive powers of the State should be so exercised as to ensure compliance with the laws of the Parliament (Art. 256) and not impede or prejudice the executive power of the Union (Art. 257).
o If the State does not comply with the directives of the Centre, the latter may invoke Art. 356 and take-over the administration of the State to itself (President's rule).
o Under Art.258(2), the Parliament is given power to use the State machinery to enforce the Union laws.
o In case of any untoward happenings, officials of the All-India Services [e.g. IAS, IPS and IFS (Forest)] can only be suspended by the President. The State cannot take disciplinary action.
o The Centre can deploy military and paramilitary forces in a State, even against the wishes of the State Government.
o In case of disputes related to the waters of the inter-State rivers or river valleys, the Parliament has power to adjudicate. Under this power, the Parliament has constituted a 3-member River Water Tribunal whose
award, if published by the Union Government in the Gazette, is binding on the concerned States (Art. 262).
o For co-ordination between the States, the President is empowered under Art. 263 to constitute a Council to resolve the disputes and or to discuss subjects of common interest between the States inter se and between the States and the Union. Exercising this power, the President has so far constituted three such Councils- (I) Central Council of Health; (ii) Central Council of Local Self-government; and (iii) Transport and Development Council.

C. Financial Relations
o The provisions for the financial relations between the Union and the States are heavily derived from the Government of India Act, 1935.
o The Constitution makes a distinction between the legislative powers to levy a tax the financial power to appropriate the proceeds of the tax. But this division is not water-tight.
o The residuary power regarding the taxes belongs to the Parliament.
o Practically, the States have little power in taxation and are heavily dependent on the Centre for financial resources. For this reason, they are often called 'Glorified Municipalities'.
o The chief source of the finance for the States is the Grants-in-aid from the Centre. Thus the Centre has an overwhelming control over the finances of the States.
o The Constitution classifies the Union taxes into categories on the basis of their collection and appropriation between the Union and the States. These are:
a) Taxes levied and collected by the Union and distributed between the Union and the States (Art. 270). This includes taxes on income other than the agricultural income. The ratio of the division, decided by the Finance Commission appointed by the President every five year, is 78: 22.
b) Taxes levied and collected by the Union but may be shared with the States. This includes the customs and excise duties (other than those on medicinal and toilet preparations), if the Parliament by law so provides.

o Apart from these, the Centre also has powers to grant loans and provide &ants-in-aid (Art. 275) to the States especially for the purposes of promoting the welfare of the Scheduled Tribes and raising the level of administration of the Scheduled Areas. This is, in fact, the most important source of income for the States.
o The Union Government can borrow money on the security of the Consolidated Fund of India, but to raise loans, the States are required to take prior permission of the Parliament.

Inter-State Council
o In a dual polity within the federal framework, co-ordination of the National and the State policies and their implementation becomes crucial, especially in view of the large areas of common interest and shared action. A federal forum that assists in the co-operation and co-ordination is provided in Art. 263 to bring together the federal units.
Article 263 says-If at any time it appears to the President that the public interest would be served by the establishment of a Council charged with the duty of :
o inquiring into and advising upon the disputes which may have arisen between the States;
o investigating and discussing the subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
o making recommendations on any such subject and, in particular, recommendations for the better co-ordination of the policy and action with respect to that subject, he may establish such a Council.
The duty of any such Council is to inquire into and advise upon the relevant matters and not one of adjudicating. The President set up the Inter State Council in 1990 with the following composition:
1. The Prime Minister as the Chairman
2. Chief Ministers of the States and those of the UTs with a Legislative Assembly and
3. Six Union Cabinet Ministers as the members.
o The Ministers of State in the Union Council may be invited to the meetings if the agenda has any relevance for them.
o The proceedings of the Council are to be held in camera and decisions are to be taken by consensus.
o Previously, the President set up Central Council of Local Self Government, Transport Development Council etc.
o The Sarkaria Commission recommended that in order to differentiate the Inter-State Council from other bodies set up under the Article, it must be called the Inter Governmental Council.
o In July 1997, the Inter-State Council meeting resolved to implement the Alternative Devolution Scheme of the Tenth Finance Commission and also recommended significant steps for making the use of Art. 356 difficult.
Zonal Council and North-East Council
Zonal Councils
o The idea of creation of Zonal Councils was mooted by the first Prime Minister of India, Pandit Jawahar Lal Nehru in 1956 when during the course of debate on the report of the States Reorganization, suggested that the States proposed to be reorganized may be grouped into four or five zones having an Advisory Council "to develop the habit of cooperative working" among these States.
o This suggestion was made by Pandit Nehru at a time when linguistic hostilities and bitterness as a result of re-organization of the States on linguistic pattern were threatening the very fabric of our nation.
o As an antidote to this situation, it was suggested that a high level^ advisory forum should be set up to minimize the impact of these hostilities and to create the Center-State and Centre-State environment with a view to serving inter-State problems and fostering balanced socio economic development of the respective zones.
o In India the distribution of functions between the Union and the State enshrined in the Constitution is such that the States enjoy autonomy within the spheres allotted to them.
o However, the economic development does not respect boundaries of the States since it is the region and the nation as a whole which constitute appropriate units of development.
o A federation, despite a clear-cut division of functions between it and its units, is therefore obliged to evolve institutions to smooth over the rigidities inherent in federalism.
o Zonal Council is one such institution, which plays a very significant role in improving the Centre-States relations.
o There are five Zonal Councils which cover between them all the States and the Union Territories except Goa, Daman and Diu, the Andaman and Nicobar Islands, and the Lakshdweep Islands. They are as follows:
1. Northern Zonal Council. Includes the States of Haryana, Himachal Pradesh, Punjab, Rajasthan, National Capital Territory of Delhi and the UT of Chandigarh. Its headquarters is in New Delhi,
2. Central Zonal Council. Includes the states of Uttar Pradesh and Madhya Pradesh. Its headquarters is in Allahabad.
3. Eastern Zonal Council. Includes the States of Bihar, West Bengal, Orissa and Sikkim. Its headquarters is in Kolkata.
4. Western Zonal Council. Includes the States of Maharashtra, Gujarat, Goa and the UTs of Dadar and Nagar Haveli and Daman and Diu. Its headquarters is in Mumbai.
5. Southern Zonal Council. Includes the States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the UT of Pondicherry. Its headquarters is in Chennai.
o The seven North Eastern States i.e. (i) Assam (ii) Arunachal Pradesh (iii) Manipur (iv) Tripura (v) Mizoram (vi) Meghalaya and (vii) Nagaland are not included in the Zonal Councils and their special problems are looked after by the North Eastern Council, set up under the North Eastern Council Act, 1972.

Composition
o A Zonal Council consists of the Union Home Minister who is the Chairman of all the Councils, and the Chief Ministers of different States covered by a particular Council.
o The Chief Ministers act as the Vice-Chairman of the Council by rotation, each holding office for a period of one year at a time.
o The Councils may also associate the following as "advisors' for the the assistance in the performance of its duties:
i) One person nominated by the Planning Commission,
ii) The Chief Secretary of each of the States in the Zone and
iii) The Development Commissioner of each of the States.


Objectives and Functions
o The Zonal Councils have been created with the objective of the development of 'co-operate working' to counter growth of the acute State consciousness, regionalism and particularistic trends.
o The Zonal Councils act as sub-federal links between the Centre and the States.
o With the following five functions they aim at promoting inter-state co-operation and coordination in as wide a field as possible:
i) to co-operate with each other in the success to it and speedy execution of major development projects,
ii) to enable the Centre and the States which are dealing increasingly with economic and social matters to co-operate and exchange ideas and experience in order that uniform policies for the common good of the community are evolved;
iii) to secure some kind of political equilibrium between different regions of the country;
iv) to help in arresting the growth of acute State consciousness, regionalism and particularistic trends; and
v) to solve problems concerning the border disputes, linguistic minorities or the inter-state transport.
Moreover, the Council has a purely advisory status and it helps in the integrated development of the country by linking regional problems with national policies and objectives,

North-Eastern Council
o Both geography and history have combined to set the North-Eastern region comprising the seven States of Assam, Manipur, Meghalaya, Nagaland, Tripura. Arunachal Pradesh and Mizoram. In 1994, Sikkim was added as the eighth member of the Council.
o Politically also, the region is characterized by the features not to be found elsewhere in the country. Except Assam, the political units in this part are very small in size. It renders them unviable in many respects and points to the need for combined action in many spheres of administrative operation.
o Further, being a latecomer in the national mainstream, it has its own legacy of emotional and psychological ambivalence in its relationship with the rest of India.
o Each community in the region is characterized by the sense of social autonomy and sovereignty.
o Except for the people in the valley, the rest of the North-Eastern region is inhabited by numerous tribes.
o Each tribe is an atomized group and is characterized by a nearly total absence of social intercourse with any other group. Therefore, the only common bond between various tribes of the region is the administrative one. Given this background, the region has largely remained underdeveloped, although it is abound with natural resources.
o From another perspective also, the region assumes significance and, therefore, attracts special attention and treatment. The region has common frontiers with as many as three foreign countries including China, with whom India's relations have not been too good. Therefore, the security of the region has rightly been a critical national problem.
o The Union Government can only ill-afford not to pay particular attention to the paramount national compulsion to keep a close watch on law and order in the region. Therefore, its interest in the area is justifiably intense and deep.
o Given this uniqueness of the region, a need was felt to bring all these separate States of the region into a kind of relationship of joint action in matters of common interest. The North-Eastern Council is an articulation of this urge towards an integrated development of the region.

Inception
o The idea of the North-Eastern Council was first crystallized in 1968, with the Internal
Affairs Committee of the Union Cabinet putting its stamp of approval in its formation.
o According to the Central Government one of the basic objectives of the formation of the body has been to provide for a unified and coordinated approach to the security and development of the region as a whole.
o However, the Government had to face stiff resistance from the political units of the region as they perceived it (the proposed Council) as a threat to their autonomy and also as an insult to their self-respect.
o They perceived it as an imposition from the Central Government, which could be used to control and supervise the "assimilation process" with the rest of India.
o Although the North-Eastern Council Act 1970 was passed by the Parliament, it could not be actualized in the face of stiff opposition. Consequently, a year later the Central Government enacted a new legislation, called the North-Eastern Council Act, 1971.
o In August 1972, North-Eastern Council was constituted.
Composition
o North-Eastern Council comprises of the seven States of the region- Assam, Manipur, Meghalaya, Nagaland, Tripura, Arunachal Pradesh and Mizoram.
o The Governor of Assam is the Chairman of the Council.

Objectives and Functions
o The Council has twin broad objectives:
I. Ensuring integrated economic development, and
II. Maintaining public order and security in the region.
o The two objectives are necessarily interdependent. However, an exclusive emphasis is on the later aspect because of the region's close contact with some neighboring countries, which pose threat to the rest of the country. However, without economic development security of the region cannot be ensured. The main functions of the Council are as follows:
I. Work for the integrated development of the entire region. The Council may discuss any matter in which some or all of the States represented in it or the Central Government and one or more States represented in it. have common interest. It may advise the Central Government and the Government of each State concerned as to the action to be taken on any such matter.
II. It may make recommendations with regard to any matter:
a) of common interest in the field of economic and social planning.
b) Concerning the inter-State transport.
c) Relating to power or flood control projects.
III. It reviews from time to time the implementation of the programs included in the regional plan and recommends measures for effecting the necessary coordination among the Governments of the States in the plan implementation. IV The Council, according to the Act, 1971, "shall review from time to time the measures taken by the states represented in the Council for the maintenance of security and public order therein and recommend to the Government concerned further measures necessary in this regard". Finally, it must be remembered that the Council is an advisory body and not a supervisory one. The then PM Indira Gandhi assured that the Central Government would not use the Council to interfere in the affairs of the participating Governments.

Working of the Council
o The Council has apparently given utmost importance to the development of communications and power in the region.
o The Council inks endeavor for the overall economic development of the region has appointed a number of expert committees like Road Committee, Electricity Committee, Terminal Power Committee, Barak River Project Committee etc.

Rationale for establishing a separate body when a Zonal Council is already in operation since 1965
o This question arises naturally as many of the functions entrusted to the N-E Council are also those of the Eastern Zonal Council.
o Since the functions relating to law and order and the regional plan do not come within the purview of the Zonal Council, a separate body was required for the purpose.
o Secondly, the Eastern Zonal Council, which covers this region, has a larger membership.
o In addition to the seven States of the region, it includes West Bengal, Bihar and Orissa too.
o Moreover, the image of the Zonal Council has not been too inspiring.
Local-Self Government
Panchayati Raj: The term 'Panchayati Raj' in India signifies the system of rural local self-Government. It is created in all the States in India by the Acts of concerned State Legislature to establish democracy at the grass root level. It is entrusted with the duties and the responsibilities in the field of rural development.
It was constitutionalized through the 73rd Constitutional Amendment Act of 1992. At the Central level, the Ministry of Rural Development looks after the matters relating to the Panchayati Raj bodies.
o 'Local Government' is a subject of the State List.
o The fifth entry of the State List in the Seventh Schedule of the Constitution of India deals with the 'Local Government'.
Balwant Rai Mehta Committee
o In January 1957, the Government of India appointed a committee to examine the functioning of the Community Development Program (1952) and the National Extension Service (1953) and to suggest measures for their better performance.
o The committee submitted its report in November 1957 and recommended the establishment of the scheme for 'democratic decentralization which ultimately came to be known as the 'Panchayati Raj'.

The specific recommendations made by it are:
o Establishment of a three-tier Panchayati Raj System which includes Zila Parishad at the District Level, Panchayat Samiti at the Block Level and Gram Panchayat at the Village Level.
o These tiers should be organically linked together through a device of indirect elections.
o The village panchayat should be constituted with directly elected representatives, whereas the Panchayat Samiti and the Zila Parishad should be constituted with indirectly elected members.
o All the planning and developmental activities should be entrusted to these bodies.
o The Panchayat Samiti should be the executive body while the Zila Parishad should be the advisory, coordinating and supervisory body.
o The District Collector should be the Chairman of the Zila Parishad.
o There should be a genuine transfer of power and responsibility to these democratic bodies.
o Adequate resources should be transferred to these bodies to enable them to discharge their functions and fulfill their responsibilities.
o A system should be evolved to effect further devolution of authority in future.
o These recommendations were accepted by the National Development Council in January 1958.
o The Council did not insist on a single rigid pattern and left it to the States to evolve their own patterns suitable to the local conditions. But the basic principles and the broad fundamentals should be identical throughout the Country.
o Rajasthan was the first State to establish the institution of Panchayati Raj.
o The scheme was inaugurated by the then Prime Minister Pt Jawahar Lai Nehru on October 2,1959, in Nagaur District.
o Rajasthan was followed by Andhra Pradesh which also adopted the system in 1959.
o Rajasthan adopted a three-tier system.
Exceptions
o Tamil Nadu adopted a two-tier system.
o West Bengal adopted a four-tier system.

Ashok Mehta Committee:
o In December 1977, the Janata Government appointed a committee on Panchayati Raj institutions under the chairmanship of Ashok Mehta.
o It submitted its report in August 1978 and made 132 recommendations to revive and strengthen the declining Panchayati Raj System in the country.

Its main recommendations are:
The three-tier system of the Panchayati Raj should be replaced by two-tier system, that is, the Zila Parishad at the district level, and below it, the Mandal Panchayat consisting of a group of villages comprising a population of 15,(XX) to 20,000,
o A district should be the first point for the decentralisation under the popular supervision below the State level.
o The Zila Parishad should be the executive body and be made responsible for planning at [he district level.
o There should be an official participation of the political parties at all the levels of panchayat elections.
o The Panchayati Raj institutions should have compulsory powers for taxation to mobilise their own financial resources.
o There should be a regular social audit by a district level agency and by a committee of legislators to check whether the funds allotted for the vulnerable social and economic groups are actually spent on them.
o The State Government should not supersede the Panchayati Raj institutions. In case of imperative super session, election should be held within six months from the time of super session.
o The Nyaya Panchayats should be kept as separate bodies from that of development panchayats. They should be presided over by a qualified Judge.

The Panchayati Raj Elections
o Development functions should be transferred to the Zila Parishad and all the development staff should work under its control and supervision.
o The voluntary agencies should play an important role in mobilizing the support of the people for the Panchayati Raj.
o A minister for the Panchayati Raj should be appointed in the State Council of Ministers to look after the affairs of the Panchayati Raj Institutions.
o Seats for the SCs and the STs should be reserved on the basis of their population.
o Due to the collapse of the Janata Government before the completion of its term, no action could be taken on the recommendations of the Ashok Mehta committee at the Central level.
o The three states of Karnataka, West Bengal and Andhra Pradesh took steps to revitalize the Panchayati Raj, keeping in view some of the recommendations of the Ashok Mehta Committee.

GVK Rao Committee
o In this respect, the G.V.K. Rao Committee Report (1986) differed from the Dantwala Committee Report on the Block-Leve 1 Planning (1978) and the Hanumantha Rao Committee Report on the District Planning (1984).
o The Hanumantha Rao Committee differed in respect from the Balwant Ray Mehta Committee, Administrative Reforms Commission of India, the Ashok Mehta Committee and finally the G.V.K. Rao Committee which recommended reduction in the developmental role of the District Collector and assigned a major role to the Panchayati Raj in development administration.

LM Singhvi Committee
o In 1986, Rajiv Gandhi Government appointed a committee on the 'Revitalisation of the Panchayati Raj Institutions for Democracy and Development' under the chairmanship of L.M. Singhvf.

Its major recommendations are:
o The Panchayati Raj Institutions should be Constitutionally recognized, protected and preserved. For this purpose, a new chapter should be added in the Constitution of India. It also suggested some Constitutional provisions to ensure regular, free and fair elections to the Panchayati Raj bodies.
o Nyaya Panchayats should be established for a cluster of villages.
o The villages should be organized to make the Gram Panchayats more viable. It also emphasized the importance of the Gram Sabha and called it as the embodiment of direct democracy.
o The Village Panchayats should have more financial resources.
o The Judicial tribunals should be established in each State to eradicate controversies about election to the Panchayati Raj Institutions, their dissolution and other matters related to their functioning.
Constitutionalization:
o The Narsimha Rao Government introduced the Constitutional Amendment Bill in the Lok Sabha in September 1991.
o It was passed by the Lok Sabha on December 22, 1992 and by the Rajya Sabha on December 23.
o Later, it was approved by the 17 State Assemblies and received the assent of the President of India on April 20,1993.
73rd Amendment Act of 1992
o This Act correspondences to Part IX of constitution of India.
o It is entitled as 'The Panchayats' and consists provisions of ArticTes~243 to 243-Q.
o The Act has also added the Eleventh Schedule to the Constitution of India.
o It contains 29 functional items of the Panchayats and deals with Article 243-G.
o The Act has given a practical shape to Article 4Q of the Constitution.
o The Act gives a Constitutional status to the Panchayati Raj institutions.
o The State Governments are under the Constitutional obligation to adopt the new Panchayati Raj System in accordance with the provisions of the Act.
o Neither the formation of the Panchayats nor the holding of elections at regular intervals depends on the will of the State Government.
o The provisions of the Act can be grouped into two categories-compulsory and voluntary.
o The compulsory provisions of the Act are to be included in the State Laws creating the
The voluntary provisions, on the other hand, may be included at the discretion of the States.
o It transfers the representative democracy into the participatory democracy.

The Salient Features of the Act
Three-tier system: The Act provides for a three-tier system of the Panchayati Raj in the States, that is, Panchayats at the village, the intermediate and the district level. The Act defines all the terms in the following manner:
i) Panchayat means an institution (by
whatever name called) of local self-
Government for rural areas.
ii) Village means, a village specified by the

Governor through a public notification to be a village for this purpose, and includes a group of villages so specified, iii) Intermediate level between the village and the district specified by the Governor through a public notification for this purpose.
o The Act brings about uniformity in the structure of the Panchayati Raj throughout the country.
o A State having population not exceeding 20 lakh may not constitute Panchayats at the intermediate level.

Gram Sabha
o The Act provides for a Gram Sabha as the foundation of the Panchayati Rai System.
o It is a body consisting of persons registered in the electoral rolls of the village comprised within the area of the Panchayat at the village level.
o It is a Village Assembly consisting of all the registered voters in the area of a Panchayat.
o It shall exercise such powers and perform such functions at the village level as the State Legislature determines.

Duration of Panchayats
o The Act provided for a five-year term of office to the Panchayat at every level.
o However, it can be dissolved before the completion of its term.
o Fresh election to constitute a Panchayat shall be completed:
i) before the expiry of its term; or
ii) in case of dissolution, before the expiry of
a period of six months from the date of its
dissolution.

Disqualifications
o A person shall be disqualified for being chosen as or for being a member of the Panchayat if he is so disqualified:
i) under any law for the time being in force
for the purposes of elections to the
Legislature of the State concerned, or
ii) under any law made by the State
Legislature.
o No person shall be disqualified on the grounds that he is less than 25 years of age if he had attained the age of 21 years.
o All questions of disqualifications shall be referred to State Legislature determined.

Reservation of Seats
o The Act provided for the reservation of seats for the Scheduled Castes and the Schedules Tribes in every Panchayat (at all the levels) in proportion of their population in the Panchayat area.
o The State Legislature shall provide for the reservation of offices of the chairpersons in the Panchayat at the village or any other level for the SCs and the S Is.
o The Act provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging to the SCs and the STs).
o Not less than one-third of the total number of offices of the Chairpersons in the Panchayats at each level shall be reserved for women.
o The Act authorizes the Legislature of a State to make any provision for reservation of seats in any Panchayat or offices of the chairperson in the Panchayat at any level in favor of the Backward Classes.

Election of the Members and the Chairpersons
o All members of the Panchayats at the Village, the Intermediate and the District levels shall be elected directly by the people.
o The chairperson of the Panchayats at the Intermediate and District levels shall be elected indirectly by and from amongst the elected members thereof.
o The chairperson of a Panchayat at the Village level shall be elected in such a manner as the State Legislature determines.

Powers and Functions-
o The State Legislature may endow the Panchayats, with such powers and authority as may be necessary to enable them to function as institutions of self-government.
o Such a scheme may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level witn respect to
i) preparation of plans for economic development and social justice;
ii) the implementation of schemes for the economic development and social justice as may be entrusted to them, including those in relation to the 29 matters listed in the Eleventh Schedule.
State Election Commission
o The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the Panchayats shall be vested in the State Election Commission.
o It consists of a State Election Commissioner who is to be appointed by the Governor.
o His conditions of service and tenure of office shall be determined by the Governor.
o He shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a Judge of the State High Court.
o His conditions of service shall not be varied to his disadvantage after his appointment.
Local Self Administration (Finances)
The State Legislature may:
o Authorize a Panchayat to levy, collect and appropriate taxes, duties, tolls and fees;
o Assign to a Panchayat taxes, duties, tolls and fees levied and collected by the State Government;
o Provide for making grants-in-aid to the Panchayats from the Consolidated Fund of the State; and
o Provide for constitution of Funds for crediting all the financial requirements of the Panchayats.

State Finance Commission
o The Governor of a State shall, after every five years, constitute a Finance Commission to review the financial position of the Panchayats.
o It shall make the following recommendations to the Governor.
o The Principles which should govern the distribution between the States and the
Panchayats of the net proceeds of taxes, duties, tolls and fees levied by the State.
o The Principles which should govern the determination of taxes, duties, tolls and fees which may be assigned to the Panchayats.
o The Principles which should govern the grants-in-aid to the Panchayats from the Consolidated Fund of State.
o The measures needed to improve the financial position of the Panchayats.
o Any other matter returned to the Finance Commission by the Governor in the interest of sound finance of the Panchayats.
o The State Legislature may provide for the composition of the commission, the required qualifications of its members and the manner of their selection.
o The Governor shall place the recommendations of the commission along with the action taken report before the State Legislature.
o The Central Finance Commissioner shall also suggest the measures needed to augment the Consolidated. Fund of State to supplement the resources of the Panchayats in the States (on the basis of the recommendations made by the Finance Commission of the State).
o The President of India may direct that the provisions of this Act shall apply to any (Union Territory subject to such exceptions and modification as he may specify.
o The Act does not apply to the States of Jammu and Kashmir, Nagaland, Meghalaya and Mizoram and certain other areas.
o These areas include the Scheduled Areas and the Tribal Areas referred to in Article 244 of the Constitution, the hilly areas of Manipur for which a District council exists and Darjeeling District of West Bengal for which Darjeeling Gorkha Hill Council exists.
o The State Legislature may make provisions with respect to the maintenance of the accounts by the Panchayats and the auditing of such accounts.
o The date of commencement of this Act was 24th April 1993.

Problems in the working of Panchayats

Panchayati Raj in India faces problems at political, economic and social levels. These problems have stood in the way of efficient functioning of the panchayati raj institutions:
At political level and administration level
o Though the Constitution provides elections after every five years, some of the states have tasted elections after decades and in some elections are yet to take place.
o Groupism, caste, class etc play a dominant role in the election and working of the representatives.
o Political interference from the state governments and the administrative agencies has become a common phenomenon.
o There is absence of clear functional jurisdiction for panchayats.
o There is absence of administrative autonomy to the panchayats.
o There is absence of in-built structural and organizational strength to force the administrators to follow the decision.
o Use of manpower, money power and muscle power in elections to Panchayati Raj System.
At social level
o Caste, class, religion and other sectarian interests are playing a dominant role in the working of Panchayati Raj institutions.
o The policy of reservation for weaker section has not been of much use due to ignorance and illiteracy of people and the representatives.
o Anti-social and economically powerful people run the institution from backdoor.
At economic level
o Paucity of funds and resources to the Panchayati Raj institution.
o There is absence of coherence between the responsibilities and resources.
o Dependence upon the doles of the state government.
o Lack of financial autonomy and power to impose taxes and charges.
o Diversion of funds by the state governments which were earmarked for development of Panchayati Raj institutions.
State government's apathy towards local needs and demands for development.

Constitutionalization of Municipalities

o It emerged as the 74th Constitutional Amendment Act of 1992 and came into force on 1 st June 1993T~
o This Act contains Part-IX A of the Constitution of India.
o It is entitled as 'The Municipalities' and consists provisions of Article 243-P to 243-ZG.
o The Act also added the Twelfth Schedule to the Constitution.
o It contains 18 functional items of the Municipalities and deals with Art 243.
o The Act gave Constitutional status to the Municipalities.
o It brought them under the purview of justifiable part of the Constitution.
o The Act provided for the constitution of the following three types of Municipalities in every State;
i) A Nagar Panchayat for a transitional area.
ii) A Municipal Council for a-smaller urban area.
iii) A Municipal Corporation for a larger urban area.
o The following eight types of urban local bodies are created in India for the administration of urban areas:
Municipal Corporation, Municipality, Notified Area Committee, Town Area Committee, Cantonment Board, Township ,Port Trust, Special Purpose Agency.
State Administration
o Every State has a Secretariat of its own.
o It is the nerve system of the State Administration.
o It consists of several departments of the State Government.
o The departments are headed politically by the Ministers and administratively by the Secretaries.
o The Chief Secretary is the head of the entire State Secretariat.
o A Secretary is the head of one or two departments.
o The Secretary is usually a senior IAS officer except Public Works Department (PWD) which is headed by the Chief Engineer.
Note: Secretary is the Secretary to the State Government as a whole and not to the individual Minister concerned.

Organisation
The number of Secretariat departments vary from State to State. The departments which are common to all the States are:
o General Administration
o Home
o Finance
o Health
o Revenue
o Forest
o Education
o Planning
o Jail
o Agriculture
o Panchayati Raj
o Labour and Employment
o Public Works
o Corporation
o Industries
o Excise and Taxation
o Irrigation and Power
o Law
o Transport
o Publicity and Information
o Local Government
o Civil Supplies
o Housing
o Social Welfare

Personnel
o A Secretariat department consists of the officers who are appointed for a fixed tenure.
The Hierarchy of the Secretariat Officers is:
o Secretary
o Special Secretary/Additional Secretary
o Joint Secretary
o Deputy Secretary
o Under Secretary
o Assistant Secretary
The office component of the Secretariat consists of the following personnel:
o Section officer or Superintendent
o Assistant officer or Deputy Superintendent
o Upper Divisional Clerks (UDC)
o Lower Divisional Clerks (LDC)
o Steno-typists and typists
o Manual workers

Functions
o A Secretariat is a Staff Agency.
o Its main function is to assist the Minister in the fulfillment of his role.
It performs some important functions such as:
o Formulate the policies and programs of the State Government.
o Co-ordinate the Government policies and programs.
o Frame legislations, rules and regulations.
o Maintain contacts and co-ordination with Central and other State Governments.
o Prepare the budget and impose control on the public expenditure.
o Supervises the implementation of the programs and policies by the field agencies.
o Reviews the results of the execution of programs and policies.
o Initiates measures to develop greater organizational competence.
o Assists Ministers in discharging their responsibilities to the State Legislature, like answering questions etc.
o Serves as a think-tank of the State Government.
o Appoints Heads of Departments and to look into the consequent establishment work like salary administration.
o Explore the possibilities of improving the financial position of the State.
o To receive the complaints, representations and appeals from the people and to solve them.
o Approves service rules and their amendments.
Chief Secretary
o The office of a Chief Secretary had its origin in the Central Government during the British Rule.
o It was created in 1799 by Lord Wellesley, the then Governor General of India.
o G.H. Barlow was the first occupant of this office.
o This office disappeared from the Central Government and was adopted by the State Governments before Independence.
o The Chief Secretary is the executive head of the State Secretariat.
o He is the administrative head of the State administration and stands at the apex of the State administrative hierarchy.
o His position in comparison to the other Secretaries is more than Primus inter pares (first among equals).
o He is, infact, the Chief of the Secretaries and his control extends to all the Secretariat departments.
o He leads, guides and controls the entire State administration.
o Since 1973, a Chief Secretary is the senior-most civil servant in all the States.
o The office of the Chief Secretary has been excluded from the operation of the tenure system. In other words, there is no fixed tenure for this post.
o The Administrative Reforms Commission of India recommended that the tenure of the Chief Secretary should be of three to four years.
Chief Scretary and District Collector
Powers and functions of Chief Secretary:
The powers and functions of the Chief Secretary are mentioned in the 'Rule of Business' framed by a State Government.
o The Chief Secretary acts as the principal advisor to the Chief Minister on all the matters of the State administration.
o The Chief Secretary acts as a Secretary to the State Cabinet.
o He is the administrative head of the Cabinet Secretariat and attends the meeting of the Cabinet and its sub-Committees, if necessary.
o Prepares the agenda for the Cabinet meetings and keeps records of its proceedings.
o Acts as the head of the State Civil Services.
o Deals with all the cases related to appointment, transfers, promotion of senior State Civil Servants.
o Conscience-keeper to all the State Civil Servants.
o The chief coordinator of the State administration.
o Ensures inter-departmental co-ordination.
o The Chairman of co-ordination committees set up for inter-departmental disputes.
o Presides over the meetings of the departments' Secretaries.
o Presides over the conferences attended by the Divisional Commissioners, the District Collectors and the heads of the departments of district administrations to effect coordination.
o Acts as the administrative head of some secretariat departments.
o In most cases, the General Administration Department, Personnel Department, Planning Department and Administrative Reforms Department are directly under the charge of the Chief Secretary.
o The General Administration Department is the most important department in the State Secretariat and its political head is the Chief Minister.
o The Administrative Reforms Commission of India recommended that the Personnel Department in all the States should be directly headed by the Chief Secretary.
o He is generally a Chairman or an important member of the committees set up to take high level policy decisions during a crisis situation.
o He acts as the crisis administrator-in-chief and virtually represents the State Government for all the officers concerned with relief operations.
o He acts as the Residual Legatee and looks after all those matters which do not fall into the purview of other Secretaries.
o He acts as the Secretary, by rotation, of the Zonal Council of which the State concerned is a member.
o He acts as the chief public relations officer (PRO) of the State Government.
o He attends the meetings of the National Development Council.
o He acts as a spokesman of the State Government.
o He plays a significant role in the administration of law and order and planning.
o He exercises general supervision and control over the entire State Secretariat.
o He has administrative control over the Secretariat building, the staff attached to the Ministers, the central record branch, the Secretariat Library, the conservancy and watch and ward staff of the Secretariat departments.
o He is the principal channel of communication between the concerned State Government and the Central Government and other State Governments.
o He attends the annually held Chief Secretaries conference presided over by the Cabinet Secretary.
o He acts as the chief advisor to the Governor, if the Central advisors are not appointed and the President's rule is imposed in the State.
o There is no office in the Union Government which can be equated to that of the Chief Secretary in the State.
o To some extent, the Cabinet Secretary, at the central level can be called as the counter part of the Chief Secretary.
o The functions performed and the roles assumed by the Chief Secretary in the State administration are so vast, varied and wide that they are shared by the Cabinet Secretary, Home Secretary, Finance Secretary and Personnel Secretary at the Central level.

District Collector
o A District Collector is the head of the district administration and the official agent of the State Government in the district.
o The office of the District Collector is unique as it has no parallel in the administrative system of other countries except the office of the Prefect in France.
o A District Collector is also called as District Magistrate in Uttar Pradesh, Bihar and West Bengal, and Deputy Commissioner in Assam, Jammu and Kashmir, Punjab, Haryana and Karnataka.
o The General Administration Departments are directly under the charge of the District Collector.
o He is a multi-purpose functionary around who revolves the entire administration of the District.
o The District Collector belongs to the General Administration Department of the State Government which is headed politically by the Chief Minister and administratively by the Chief Secretary.
o The District Collectors are controlled and supervised by the Divisional Commissioners.

Role and Functions Revenue Administration
o Historically, collection of revenue has been the first and the foremost function of the District Collector as the very title Collector signifies.
o He is still the head of the revenue administration in the district.
o He is responsible for the collection of revenue for the State Government through the Board of Revenue or Revenue Tribunal in Maharashtra and Gujarat or Financial Commissioner in Punjab, Haryana and Jammu and Kashmir.
o As the Head of the revenue administration in the district, the Collector is responsible for the following functions:
o To collect land revenue
o To collect other Government dues
o To distribute and recover loans
o To maintain land records
o To collect rural statistics
o Acquiring land for the purpose of industry, capital construction, colonization, slum clearance and so on.
o To implement land reforms.
o To look after the welfare of the farmers.
o To make an assessment of losses of crops and recommend relief during natural calamities like fire drought and flood.
o To supervise Treasury and sub-Treasury.
o To enforce Stamp Act.
o To pay rehabilitation grants.
o To manage government estates.
o To hear revenue appeals against the orders of lower authorities.
o To pay zamindari abolition compensation.

Law and Order
o The maintenance of Law and Order in the district is the principal duty of the District Collector.
o For this purpose, the District Police headed by the District Superintendent of Police is kept under the control, supervision and direction of the District Magistrate.
o Before Independence, the District Collector acted as both, the Executive Magistrate and the Judicial Magistrate.
o As an Executive Magistrate, he was responsible for the maintenance of Law and Order.
o As a Judicial Magistrate, he was responsible for the trial of criminal and civil cases by interpreting the law.
o After Indenendence. the Judiciarv and the
Executive were separated according to Article 50 enshrined in the Directive Principles of State Policy.
As a consequence, the role of the District Collector as a Judicial Magistrate came to an end.
The District Collector in his capacity as the District Magistrate performs the following functions:
o To control and supervise the Subordinate Magistracy.
o To issue orders when there is a threat to public peace and order under section 144 of the Criminal Procedure Code (CrPC).
o To dispose all the petitions received from the Government and others.
o To release prisoners on parole.
o To inspect the jails.
o To submit an annual criminal report to the Government.
o To grant, suspend or cancel many kinds of licenses like arms, hotel, explosive, petroleum and others.
o To grant superior classes to prisoners.
o To supervise and control local bodies.
o To enforce the Entertainment Tax Act and the Press Act.
o To call the Armed forces to aid and assist the Civil administration to deal with any abnormal situation.
o To prosecute offenders under the Factories Act and the Trademark Act.
o To order the disposal of unclaimed property.
o To recommend schemes for the development of forests.
Local Governance
Development Administration
o After Independence, with the initiation of development planning, he has become a pivotal figure in the implementation of development programs.
o In many States, the Collector is designated as the District Development Officer.
o He is the ex-officio Chairman of the District Rural Development Agency (DRDA), which was established in each district in 1980 under the Indian Societies Registration Act.
o The chief role of the Collector in the field of development administration is that of coordination.
o The 73rd Constitutional Amendment Act of 1992 and the consequent Panchayati Raj Acts of 1993 and 1994 of various States have reduced the role of the Collector in development administration.

Other Powers and Functions
Presides over the District Plan Implementation Committee.
Acts as the chief protocol officer in the district. Acts as a kind of a buffer between administration and citizens in the district. Supervises the Municipal administration in the district.
Acts as the Public Relations Officer of the Government.
Acts as the official representative of the State Government during the ceremonial functions in the district.
Acts as the crisis administrator-in-chief during natural calamities and other emergencies. Deals with the personnel matters of the district staff.
Is responsible for the civil supplies. Handles work pertaining to the civil defence. Maintains liasion with military authorities and looks after the welfare of both serving and retired members of the Armed forces. Acts as the Returning officer for the elections to the Parliament and the State Assembly. Coordinates the election work at the district level.
Acts as the District Census Officer.

Sub-Division
Under the provisions of the Land Revenue Act juid the Criminal Procedure Code", a district is territorially divided into a number of units for the purpose of revenue and criminal administration. The Sub-Divisional Officer (JSDO) is either a member of IAS or State Civil Services and is appointed and controlled by the State Government.
Like the District Collector, he is a territorial officer, generalist administrator and a multipurpose functionary.
He is vested with the Revenue, Magisterial and the Executive powers.
As the Chief Executive Officer and the official representative of the State Government, he has to keep in touch with the activities of all the departments of the Government in the sub-division.
He acts, on the one hand, as a link between the District Collector and the tehsildar in revenuejnatters and, on the other hand, between the District Magistrate and the station police officers in the matters pertaining to law and order.
He is the principal assistant and valuable field aid to the District Collector and is responsible to him for all the aspects of the administration in the sub-division.

Tehsil
Each sub-division is further territorially divided into a number of administrative units. A Tehsil is the basic unit for various aspects of administration like land revenue, land records, treasury, magistracy and so on. It is described as a 'Miniature District' as the offices of various fieId departments are located within it.
The Tehsildar belongs to the State Civil Services and is an officer of Gazetted rank.
He is responsible for the collection of revenue and" maintenance of law and order in the Tehsil.

Circle
Each Tehsil is territorially divided into a number of units for the purpose of revenue administration.
The Kanungo or the Circle Inspector is regarded as the first-line supervisor in the chain of revenue administration.
He supervises revenue administration and land records of all the villages under his charge.
He is generally appointed by the District Collector.

Village
A Village is the lowest and the ultimate unit for all the administrative and fiscal purposes in all the States.
In Tamil Nadu, the most important functionary in a village is called the Village Headman. The functionary equal to him in Maharashtra is called Patel.
There is no corresponding functionary in Uttar Pradesh.
The 'Patwari' in Punjab, Himachal Pradesh, Haryana and Madhya Pradesh maintains the village revenue accounts and the land records. He is called by various other names in other States, for instance, iekhpal' in Uttar Pradesh. 'Karnam' (or kanak pillai) in Tamil Nadu and 'Talati' in Maharashtra. He is called as "The kingpin of revenue administration in the district".

Judiciary in India
o Unlike the distribution of legislative and executive powers between the States and the Union, the Indian Constitution does not adopt a similar division of judicial powers; the judicial system in India is unified and integrated.
o Of The three organs of the State, the judiciary enjoys supreme position in the Constitution.
o In order to maintain the supremacy of the Constitution, there must be an independent and impartial authority to adjudicate on the disputes between the Centre and the State/ States or between the States.
The Supreme Court:
o The Constitution consists provisions related to the Union Judiciary in Art. 124-147.
o Initially, there was a Chief Justice and seven other Judges in the Supreme Court.
o The number of the Judges excluding the Chief Justice was increased to 25 in 1985.
o At present, there is one Chief Justice and 25 other Judges in the Supreme Court.
o The power to increase or decrease the number of Judges in the Supreme Court rests with the Parliament.
o The President, if deems fit, may appoint ad hoc Judges in the Supreme Court.
o The senior most Judge of the Supreme Court is appointed as the Chief Justice of India.
o The Judges of the Supreme Court are appointed by the President after consultation with such Judges of the Supreme Court and of the High Courts as the President may deem necessary.
o In the appointment of a Judge, other than Chief Justice, the Chief Justice of India shall always be consulted.
o Article 129 of the Constitution declares that the Supreme Court shall be a Court of record and shall have all the powers of such a Court including the power to punish for contempt of itself.
Qualifications for the Appointment as a Judge of the Supreme Court:
A person shall not be qualified for appointment as a Judge of the Supreme Court unless he:
a) is a citizen of India, and
b) has been for atleast five years a judge of a High Court or a two such Courts in succession; or
c) has been for atleast ten years an advocate of a High Court or of two or more such Courts in succession; or
d) is, in the opinion of the President, a distinguished jurist.

o Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President an oath of affirmation according to the form set out in the Third Schedule of the Constitution.
o The Constitution does not prescribe time limit for a Judge to occupy his office.
o A Judge of the Supreme Court continues to hold the office Jill he attains the age of 65 years.
o A Judge of the Supreme Court may tender his resignation to the President even before he is reaches age of 65 years.
Salary and Allowances:
o The Chief Justice of India is entitled to receive a salary of Rs. 33,000 per month and the other Judges of the Supreme Court receive a salary of Rs 30,000 per month.
o Besides the salary, they are entitled to a rent free accommodation and other allpwaiices.
o The Parliament has the power to regulate the salary and allowances of the Judges and other allowances of a Judge during his term of office.
o The only exception is that during financial emergency, the salary and other allowances of the Judges can be reduced.
o The salary and other allowances of the Judges are charged upon the Consolidated Fund of India.
o A Judge of the Supreme Court, after retirement, shall not do legal practice in any Court in the territory of India and shall not plead before any authority under the Government.

Rules of Procedure
The Constitution mentions the following rules of procedure to be followed in the functioning of the Supreme Court:
o The Judgements of the Supreme Court shall be delivered in an open Court only.
o The report on the advisory opinion of the Court shall be made in an open Court.
o The Judgement of the Supreme Court shall be delivered with the concurrence of the majority of the Judges presenting the hearing of the case.
o The Judge who does not concur with the majority judgment, has the right to give a dissenting opinion.
o In the following cases, the matter shall be decided by a bench of not less than five judges: if

a) the case involves the interpretation of the Constitution.
b) it involves a substantial question of law.
c) the matter has been entrusted by the President to the Supreme Court for its consideration.
Jurisdiction of the Supreme Court The Jurisdiction of the Supreme Court are fivefold viz. Original, Writ, Appellate, Advisory and Revisory jurisdictions.

1. Original Jurisdiction
o The Original Jurisdiction of the Supreme Court as a federal character.
o It has the exclusive authority to decide any dispute involving a question of law or fact between the Government of India and one or more states or between two or more States inter se.
o According to the Constitution (Seventh Amendment) Act, 1956, the Original Jurisdiction of the Supreme Court does not extend to dispute that arises out of any provision of a treaty, agreement, covenant, management etc. which has been entered into or executed before 26th January, 1-950, and has been continued in operation after that, or which provides that the said jurisdiction shall not extend to such a dispute.
There are certain provisions in the Constitution which exclude from the Original Jurisdiction of the Supreme Court, certain disputes, the determination of which is vested in other tribunals:
a) Disputes specified in the provision to Article 363(1).
ii) Complaints as to interference with inter-State water supplies, referred to the statutory tribunal mentioned in Article 262 (since the Parliament has enacted the Inter-State Water Disputes Act 1956).
ii) Matters referred to the Finance Commission (Article 280).
iii) Adjustment of certain expenses between
the Union and the State (Article 290).

2. Writ Jurisdiction
o Article 32 imposes duty on the Supreme Court to enforce the Fundamental Rights.
o Under this Article, every individual has a right to move the Supreme Court dried there has been any infringement on his Fundamental Rights.
o The Writ Jurisdiction sometimes is referred to as the Original Jurisdiction of the Supreme Court, but in the strict sense, Original Jurisdiction relates to the federal character of the Constitution.
3. Appellate Jurisdiction
The Appellate Jurisdiction of the Supreme Court is three fold:
a) Constitutional: In the Constitutional matters, an appeal lies to the Supreme Court if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
o If the High Court refuses to give the certificate, the Supreme Court may grant special leave for appeal if it is satisfied that the case does involve such a question.
b) Civil: In civil cases, an appeal lies to the Supreme Court if a High Court certifies that the value of the subject matter of the dispute is not less than Rs 20,000 or that the case is fit for appeal to the Supreme Court.
o The appellate jurisdiction of the Court in civil cases can be enlarged if the Parliament passes a law to that effect.
c) Criminal: In the criminal cases, an appeal lies to the Supreme Court if the High Court
i) has on appeal, reversed the order of acquittal of an accused and sentenced him to death; or
ii) has withdrawn for trial before itself any case from any subordinate and has in such trial convicted the accused and sentenced him to death; or
iii) certifies that the case is fit for appeal to the Supreme Court.
o The Appellate Jurisdiction of the Supreme Court in criminal matters can be extended by the Parliament, subject to such conditions and limitations as may be specified therein.
o The Supreme Court under Article 136 enjoys the power of granting special leave to appeal from any judgment, decree, order or sentence in any case or matter passed by any Court or tribunal except court martial's.

4. Advisory Jurisdiction
o One of the salient features of the Supreme Court of India is its consultative role (Art 143).
o The President can refer to the Court either a question of law or a question of fact, provided that it is of public importance.
o However, it is not compulsory for the Court to give its advice.
o The President is empowered to refer to the Supreme Court for its opinion (under An 138), disputes arising out of any treaty, agreement etc., which had been entered into or executed before the commencement of the Constitution.
o In such cases, it is obligatory for the Courts, under the Indian Constitution, to give its opinion to the President.

5. Revisory Jurisdiction
o The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to remove any mistake or error that might have crept in the judgement or order.
o This means that even though all the judgements and orders passed by the
Supreme Court are binding on all the Courts of India, they are not binding on the Supreme Court.

Removal of the Judges of the Supreme Court
o The Constitution under Article 124(4) provides that a Judge of the Supreme Court can be removed by the President after an address by each of the House of the Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of that House present and voting, on the ground of proved misbehavior or incapacity.
o The Parliament under Article 124 (5) may, by law, regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge. Accordingly, the Parliament in 1968 passed the Judges (inquiry) Act.
o Under this Act, a motion seeking the removal of a Judge can be preferred before either House of the Parliament.
o If it is to be introduced in the Lok Sabha, it should be signed in by not less than 100 members of the Lok Sabha.
o If it is to be introduced in the Rajya Sabha, the motion should be signed in by not less than 50 members.
o The motion can be moved only after a prior notice of 14 days to that Judge.
o After being properly introduced, the presiding officer of that House appoints a three-member Judicial Committee to inquire into the misbehaviour or incapacity of the accused Judge.
o The headof the Judicial Committee shall be a serving Judge of the Supreme Court.
o Of the other two members, one should be a serving member of the Supreme Court or a High Court and another one may be an eminent jurist.
o The Judge in question has the right to defend himself or through his counsel before the Judicial Committee.
o The Committee submits its report to the presiding officer of the House in which the motion has been introduced.
o The Parliament may or may not act upon the report of the Judicial Committee.
o If the Judicial Committee fail to establish proof of misbehavior or incapacity, the Parliament cannot take up the motion.
o If the motion is passed by the originating House with the required majority, it moves to the other House which should also pass the motion with the same majority.
o After that it goes for the assent of the President in the same session of the Parliament. If the address has been passed, then the President removes the Judge in question from the House.
The High Courts

o The High Courts stands at the head of the judiciary in a State.
o There shall be a High Court for each State (Article 214).
o The Judiciary in the States consists of a High Court and the Subordinate Courts.
o The Parliament can, however, establish by law, a common High Court for one or more State(s) and one or more Union Territory (Article 231).
o Every High Court shall be a Court of record (Article 215),

Appointment of the Judges:
Every High Court consists of a Chief Justice and such other Judges as appointed by the President from time to time (Article 216). The Constitution, unlike in the case of the Supreme Court, does not fix any maximum number of Judges for a High Court. Apart from appointing the Judges of the High Courts, the President has the power to appoint:
1. Additional Judges for a temporary period, not exceeding two years, for the clearance of arrears of work in a High Court.
2. An acting Judge, when a permanent Judge of a High Court (other than a Chief Justice) is temporarily absent or unable to perform his duties or is appointed to act temporarily as the Chief Justice.
An acting Judge holds office until the permanent Judge resumes his office. Neither an additional nor an acting Judge can hold office beyond the age of 62 years (now 64 years).
o While appointing a Judge of a High Court, the President is to consult the Chief Justice of India, the Governor of the State and the Chief Justice of that High Court in the matter of appointment of a Judge other than the Chief Justice.

Qualifications for Appointment as a Judge of a High Court
The qualifications required under the Constitution for a person to be appointed as a Judge of a High Court:
a) must be a citizen of India; and
b) must have held a judicial office in the territory of India for at least ten years; or
c) must have been an advocate of a High Court or two or more such Courts in succession for atleast ten years.

Provision for Independence of the Judges of the High Court
The Constitution seeks to secure the independence of Judges of the High Courts in the following ways:
o A Judge of a High Court can only be removed by the President on an address of each House of the Parliament, passed by not less than two-third of the members present and voting and by a majority of that House only on the ground of proved misbehaviour or incapacity.
o After retirement, a Judge of a High Court cannot serve in any Court or before any authority in India except in the Supreme Court and a High Court other than the High Court in which he had held the office.
o Their salaries and allowances cannot be changed to their disadvantage after their appointment except during a Financial Emergency.
o Their salaries and allowances are charged on the Consolidated Fund of State and are not subject to vote in the State Legislature.
o The conduct of the Judges of the High Courts cannot be discussed in the Parliament, except on a resolution for the removal of the Judges.

Transfer of a Judge from one High Court to another
o A Judge of a High Court can be transferred without his consent by the President (Article 222).
o Consultation with the Chief Justice of India must be full and effective.
o All relevant facts relating to the transfer of a Judge of a High Court must be provided to the Chief Justice of India.
o The opinion provided by the Chief Justice shall have primacy and is binding on the President.

Jurisdiction of the High Court
1. Original Jurisdiction
o In their judicial capacity, the High Courts of \ Presidency towns (Bombay, Calcutta and
Madras) have both original and appellate jurisdictions, while other High Courts have mostly appellate jurisdiction.
o Only in matters of admiralty, probate matrimonial and contempt of Court, they have original jurisdiction.
o The Presidency High Courts have original jurisdiction in which the amount involved is more than Rs 2,000 and in criminal cases which are committed to them by the Presidency Magistrates.

2. Appellate Jurisdiction
o As Courts of appeal, all High Courts entertain appeals in civil and criminal cases from their subordinate Courts as well as on their own.
o They have, however, no jurisdiction over tribunals established under the laws relating to the Armed Forces of the Country.

3. Writ Jurisdiction
o Under Article 226 of the Constitution, the High Courts are given powers of issuing writs not only for the enforcement of the Fundamental Rights, but also for other purposes.
o In exercise of this power, a Court may issue the same type of writs, orders or directions which the Supreme Court is empowered to issue under Article 32.
o The jurisdiction to issue writs under this Article is larger in the case of High Courts, for which the Supreme Court can issue them only where a Fundamental Right has been infringed, a High Court can issue them not only in such cases, but also where an ordinary legal right has been infringed.

Administrative functions of the High Courts:
o The High Courts control and supervise the working of the Courts subordinate to them and frame rules and regulations for the transaction of their business.
o Under Article 227, every High Court has the power of superintendence over all the Courts and tribunals except those dealing with the Armed Forces functioning within its territorial jurisdiction.
o In exercise of this power, the High Court may:
i) call for returns from such Courts;
ii) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts;
iii)prescribe forms in which books and accounts shall be kept by the offices of any such Courts, and
iv) transfer cases from one Court to another.
o Under Article 235, the High Courts exercise control over the District Courts and the subordinate Courts in matters of posting, promotion etc.
o According to Article 229 of the Constitution, every High Court has been ensured a complete control over the members of its staff.
o The Chief Justice of the High Court is empowered to appoint officers and servants of the Court.
Lokpal and Lokayukta
o The Indian Lokpal is synonymous to the institution of Ombudsman existing in the Scandinavian countries. The office of the ombudsman originated in Sweden in 1809 AD, and adopted eventually by many nations as a bulwark of democratic government against the tyranny of officialdom'.
o Ombudsman is a Swedish word that stands for "an officer appointed by the legislature to handle complaints against administrative and judicial action."
o Traditionally the ombudsman is appointed based on unanimity among all political parties supporting the proposal.
o The incumbent, though appointed by the legislature, is an independent functionary -independent of all the three organs of the state, but reports to the legislature.
o The Ombudsman can act both on the basis of complaints made by citizens, or suo moto. It can look into allegations of corruption as well as mal-administration.

The Need
o The existing devices for checks on elected and administrative officials have not been effective, as the growing instances of corruption cases suggest.
o The Central Vigilance Commission (C VC) is
o designed to inquire into allegations of corruption by administrative officials only.
o The CBI, the premier investigating agency of the country, functions under the supervision of the Ministry of Personnel, o Public Grievances and Pensions (under the Prime Minister) and is therefore not immune from political pressures during investigation.
o Indeed, the lack of independence and professionalism of CBI has been castigated by the_Supreme Court often in recent times. All these have necessitated the creation of
o Lokpal with its own investigating team in earliest possible occasion.
o Therefore, there is a need for a mechanism that would adopt very simple, independent, speedy and cheaper means of delivering justice by redressing the grievances of the people.
Examples from various countries suggest that the institution of ombudsman has very successfully fought against corruption and unscrupulous administrative decisions by public servants, and acted as a real guardian of democracy and civil rights.

The Lokpal
In early 1960s, mounting corruption in public administration set the winds blowing in favour of an Ombudsman in India too. The Administrative Reforms Commission ARC) set up in 1966 recommended the constitution of a two-tier machinery- of a Lokpal at the Centre, and Lokayukts in the states. The ARC while recommending the constitution of Lokpal was convinced that such an institution was justified not only for removing the sense of injustice from the minds of adversely affected citizens but also necessary to instill public confidence in the efficiency of administrative machinery. Following this, the Lokpal BiH was for the 1 first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969. ' However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, resulting the first death of the bill. The bill was revived in 1971,1977,1985,1989,1996, 1998,2001 and most recently in 2004. Each time, after the bill was introduced to the house, it was referred to some committee for improvements- a joint committee of parliament, or a departmental standing committee of the Home Ministry- and before the government could take a final stand on the issue the house was dissolved. The Lokpal was visualized as the watchdog institution on ministerial probity. Broadly the provisions of different bills empowered the Lokpal to investigate corruption cases
against political persons at the Central level.
Some important features of the Lokpal Bill are the following:
Objective
Is to provide speedy, cheaper form of justice to people.
Members
Lokpal is to be a three member body with a chairperson who is or has been a chief justice or judge of the Supreme Court; and its two other members who are or have been judges or chief justices of high courts around the country.
Appointment
The chairperson and members shall be appointed by the President by warrant under his hand and seal on the recommendation of a committee consisting of the following persons. It's not clear whether the committee has to make a unanimous decision or a majority decision will do. (a) The Vice-President (b) The PM, The Speaker of LS (d) Home Minister (e) Leader of the House, other than the house in which PM is a member, (f) Leaders of Opposition of both the houses.
Independence of the Office:
In order to ensure the independence of functioning of the august office, the following provisions have been incorporated:
o Appointment is to be made on the recommendation of a committee.
o The Lokpal is ineligible to hold any office of profit under Government of India or of any state, or similar such posts after retirement.
o Fixed tenure of three years and can be removed only on the ground of proven misbehavior or incapacity after an inquiry made by CJI and two senior most judges of SC
o Lokpal will have its own administrative machinery for conducting investigations.
o Salary of Lokpal is to be charged on the Consolidated Fund of India.
the PM relation to latter's functions of national security and public order. 3. Complaints of offence committed within 10 years from the date of complaint can be taken up for investigation, not beyond this period.
o Any person other than a public servant can make a complaint. The Lokpal is supposed to complete the inquiry within a period of six months. The Lokpal has the power of a civil court to summon any person or authority. After investigation, the ombudsman can only recommend actions to be taken by the competent authority.
o He can order search and seizure operations.
o He shall present jmnually J" Jhe^ President the reports of investigation and the latter with the action take report has to put it before the both houses of parliament.
o It may be noted that the Lokpal is supposed to investigate cases of corruption only, and not address himself to redressing grievances in respect of injustices and hardship caused by maladministration.
The current situation:
o The present UPA government has planned to bring the Judiciary within the purview of Lokpal; this is one reason why the Bill has been referred to the Group of Ministers.
o The political fraternity is understandably opposed to a Lokpal, since the purported target of the Lokpal is mainly the politicians themselves.
o The publicly stated reason for the current delay is that some important issues are as yet unresolved.
Primarily, these are:
1. Whether the office of the Prime Minister be brought under the purview of Lokpal: It appears likely that the revised bill will include the Prime Minister within the Lokpal's purview, with proper safeguards that would exclude any possibility of conspiracy to scandalise the PM.
2. Whether the Lokpal should have its own investigation machinery, or if it should depend on the existing ones: Making the Lokpal solely dependent on the existing investigating bodies would amount to empowering the office of Lokpal in theory, but making it pointless in practice.
Lokayuktas in the states
o There are as many as 17 states where the institution of Lokayukta has been constituted, beginning with Orissa in 1971.
o However the power, function and jurisdiction of Lokayuktas are not uniform in the country.
o In some states it has been applicable to all the elected representatives including the
CM.
o In some other states legislators have been deliberately kept out of his purview.
o Lokayuktas have not been provided with their independent investigative machinery making them dependent on the government agencies, which leaves enough scope for the politicians and the bureaucrats to tinker with the processes of investigation.
Emergency Provisions
o One of the chief characteristics of the Indian Constitution relates to the enormous emergency powers vested in the Union Executive.
o Since a Federal Government involves division of powers, it is generally considered a weak government.
o In order to overcome pitfalls of the contingency situations, the Constitution concentrates the emergency powers on the Centre.
o The President is empowered to promulgate three kinds of emergencies:

1. On the ground of threat to the security of India by war or an External aggression or an Armed rebellion (Art. 352).
2. On the ground of the failure of the Constitutional machinery in a State (Art. 356); and
3. Financial Emergency (Art. 360).

o The expression, "Proclamation of Emergency" as used in the Constitution refers to the emergency of the first kind or National emergency under Art. 352.
o The second kind of emergency under Art. 356 is popularly known as the "President's rule".
o The third kind of emergency Proclaimed under Art. 360 is called the "Financial Emergency".
National Emergency (Art 352):
o If the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened, whether by a war or an external aggression or an armed rebellion, he may proclaim a state of emergency for the whole of India or a part thereof.
o A Proclamation of Emergency can be made by the President even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
o Such a Proclamation of Emergency can be verified or revoked by the President subsequently.
o The President can issue a proclamation of Emergency or vary it, only when the decision of the Union Cabinet is conveyed to him in writing.
o The Proclamation of Emergency made by the President under Article 352 is subject to the judicial review and its Constitutionality can be questioned in a Court of law on grounds of malafide.
o Every Proclamation made under Article 352 excepting a proclamation revoking the previous Proclamation should be laid before both the Houses of the Parliament and must be approved by them within one month after the Proclamation is made, by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
o If the Parliament fails to approve such a Proclamation it ceases to be in operation on the expiry of one month after the Proclamation is made.
o If the Parliament approves such a Proclamation, then it will be in force, unless revoked earlier, for six months from the date on which it was approved by the Parliament.
o It can be approved by the Parliament any number of times, but not beyond six months at a time.
o If the Lok Sabha disapproves a Proclamation of Emergency or its continuance, the President shall revoke the Proclamation of Emergency.
o If not less than one-tenth of the members of the Lok Sabha issue a notice with the intention of disapproving a Proclamation of Emergency to the President if the Lok Sabha is not in session, or to the Speaker if the Lok Sabha is in a session, a special sitting of the Lok Sabha shall be held within days for the purpose of considering such resolution.
The Constitutional (44th Amendment) Act 1978 has introduced a number of safeguards in Article 352. These are:
o Prior to the 44th Constitutional Amendment Act 1978, a Proclamation of Emergency could be issued on the grounds of war or external aggression or internal disturbances. The expression "internal disturbances" is a vague term, and could be misused by the Executive. The Act, therefore, has introduced the expression "armed rebellion" replacing "internal disturbances."
o Earlier, the President could proclaim an emergency on the oral advice tendered by the Prime Minister, as it happened in 1975. Now the approval of the whole Cabinet is essential and it must be communicated to the President in writing.
o Before the Act became effective in 1978, a proclamation issued by the President was to be approved by the Parliament within two months after the Proclamation is made. Now it must be approved within one month. Once approved, earlier, it could remain in force for an indefinite period. But by the Act, its period is fixed for six months only. The approval, earlier, was to be on the basis of a simple majority, but at present it needs a special majority.
o There was no Parliamentary control, once a proclamation of Emergency was approved by it. But now a special sitting of the Lok Sabha can be held for the purpose of considering its disapproval.
o Under Art. 358, before the 44th Amendment Act came into force, the Fundamental Rights enumerated under Art. 19
o Were automatically suspended, whether the National Emergency Proclaimed was on the basis of a war or an external aggression or internal disturbances. But now, under Article 358, Article 19 is automatically suspended only when an emergency is declared on the basis of a war or as external aggression and not on the basis of an armed rebellion, i.e., Article 19 cannot be suspended during an emergency Proclaimed on the basis of an armed rebellion.
o After the 44th Amendment Act, during an emergency, Articles 20 and 21 cannot be suspended. Prior to the Act, any or all of the Fundamental Rights could be suspended when an emergency was in force.

Effects of the Proclamation of Emergency
The effect of a Proclamation of Emergency is the emergence of a full-fledged unitary Government. Its effects can be studied under the following heads:
1. Executive: While a Proclamation of Emergency is in operation, the President is empowered to issue directions to the States as to the manner in which their executive power is to be exercised.
o In normal times, the President has the power to give directions to the States only on certain matters like maintenance of communication, protection of railways etc.
o But, during the operation of emergency, he can issue directions to the States on all the matters. The administration, therefore, will be converted into a unitary system.

2. Legislative: While a Proclamation of Emergency is in operation, the Parliament can enact laws even on the subjects enumerated under the State List.
o The Legislatures of the State are not suspended, but the distribulionjrf Legislative powers between the Union and the States is suspended for the duration of the Emergency.
o The Parliament is also empowered to extend, by law, the life of the Lok Sabha beyond the five year term, for a period not exceeding one year at a time, but in any case not exceeding six months after the proclamation of Emergency has ceased to be in operation.
o The life of the State Legislative Assemblies can also be extended, by law, by the Parliament in a similar manner.

3. Financial: The President may, when a Proclamation of Emergency is in operation, modify the provisions of the Constitution relating to the distribution of the financial resources between the Centre and the States.
o Such an order of the President shall not have effect beyond the financial year in which the Proclamation of Emergency ceases to be in operation.
o The order of the President is subject to the approval of the Parliament.

Effects of the Proclamation of Emergency on the Fundamental Rights
o Article 358 states that as soon as a Proclamation of Emergency is issued on the grounds of a war or an external aggression (but not on the ground of an armed rebellion), the six Fundamental Rights enumerated under Article 19 are automatically suspended.
o The State is freed from the limitations imposed by Article 19.
o The citizens cannot move the Courts for the enforcement of the Fundamental Rights enumerated under Article 19.
The President, under Article 359, may by order suspend the operation of any of the other Fundamental Rights when an emergency declared on the grounds of a war or an external aggression or in armed rebellion is in force.
o 1-The Fundamental Rights guaranteed under Article 20 and 21 cannot be suspended even
when a national emergency is in force. Note: Under Article 359, only the operation of the Fundamental Rights is suspended and not the Fundamental Rights as such. But under Article 358, Article 19 is suspended.
State Emergency (Art 356):
o Article 356 says that if the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, he may issue a Proclamation. By that Proclamation, the President:
1. may assume to himself all or any of the powers vested in the Governor.
2. may declare that the powers of the Legislature of the State shall be exercisable to Parliament.
o The President cannot, however, assume to himself, any of the powers vested in a High Court or suspend the operation of any provisions of the Constitution relating to the High Court.
o The Parliament can confer on the President, the power to make laws for the State. The Parliament may also authorize the President to delegate such power to any other authority as specified by himself.
o If the Lok Sabha is not in session, the President may authorize expenditure from the Consolidated Fund of the State, pending sanction of such expenditure by the Parliament.
Note: Under Art 356, the President acts on a report of the Governor or otherwise. That is, the President can act even without the Governor's report.
o A proclamation issued under Article 356 must be laid before each House of the Parliament.
o It will cease to operate at the expiry of two months, unless before that period it has been approved by both the Houses of the Parliament.
o A proclamation so approved shall, unless revoked, be in operation for six months from the date of the issue of the Proclamation.
o It can be approved by the Parliament for a further period of six months.
o A proclamation issued under Article 356, can, therefore, be in force normally for a maximum period of one yea^nlyjtf a stretch. However, it can be extended by the Parliament not beyond three years from the date of issue of the Proclamation, if:
i) A proclamation of emergency under Article 352 is in operation in the whole of India or in the whole or any part of the State at the time of passing of such resolution; and
ii) The Election Commission certifies that the continuance in force of the Proclamation beyond the one year period is necessary on account of the difficulties in holding the general elections to the Legislative Assembly of the concerned State.
Financial Emergency (Art 360):
o Article 360 states that if the President is satisfied that a situation has arisen whereby the financial stability or the credit of India or of any part thereof is threatened, he may declare a state of Financial Emergency.
o During the period when such Proclamation is in operation, the executive authority of the Union extends to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions. Any such directions may also include:
i) a provision requiring the reduction of salaries and allowances of all or any class of person serving a State or the Union.
ii) a provision requiring all Money Bills or other Financial Bills to be reserved for the consideration of the President after they are passed by the Legislature of the State.
o A proclamation issued under Article 360 will remain in force for two months, unless before the expiry of the period it is approved by both the Houses of the Parliament.
o Once approved it remains in force till revoked by the President.
o No Emergency under Article 360 has been issued so far.
Elections & Election Commission
Electoral System
o The Electoral System in India is borrowed from the one operating in Great Britain.
o However, in India it has not been entirely left to the Legislature, and the Constitution itself makes detailed provisions in this regard.
o The Constitution also empowers Parliament to legislate in respect of all matters relating to elections.
o In pursuance of this provision, Parliament passed the following Acts:
o Representation of the Peoples Act, 1950, as amended in 1988 and 1996, which deals, in detail, with subjects like administrative machinery for conducting elections, the poll, by-elections, etc.
o Representation of the Peoples Act, 1951 which provides for qualifications of voters, preparation of electoral rolls and other concerned matters;
o Delimitation Act, 1950 which provides for delimitation and reservation of constituencies; and
o Presidential and Vice-Presidential Election ActJ9J2.
o It is within this framework of Acts that the electoral system can be described as follows:
o The electoral system is based on adult suffrage, whereby every citizen of India who is not less than 18 years of age and is not otherwise disqualified under the Constitution or any law made by the appropriate Legislature on certain grounds, has the right to be registered as voter.
o As per Art. 326, the grounds for denial of right to vote are non-residence, unsoundness of mind, record of crime or of corruption.
o It is based on geographical representation.
o Article 325 declares abandonment of separate electorates on the basis of religion, race, caste or sex and provides for one general electoral roll for every territorial constituency.
o This has brought to an end the practice of separate or communal electorates during the British rule.
o There are only single-member territorial constituencies and no functional or plural constituencies.
o There used to be some double-member constituencies upto 1961, but an Act passed in the same year abolished this practice.
o Each territorial constituency elects a single representative by a simple majority vote.
o The candidate who secures the largest number of votes is declared elected..
o It is not necessary for a candidate to secure an absolute majority.

Single Member Constituency System o Under this system, election results are determined on the basis of the relative majority of the votes polled, and the candidate who is ahead of all other candidates even by a single vote is elected, even if a majority of voters do not vote in his favour.
o This system is also described as the "first past the post" system.
o In India, this system is followed.

Advantages
o This is the simplest form of election in a democratic system.
o This system provides greater opportunity in helping form a majority government.
o This system helps in curbing parochial tendencies of the political parties based on exploitation of religion, race, caste, etc.

Defects
a) The chief defect of this system is that only the relative majority is taken into consideration. Since most of the contests are multi-cornered, sometimes a candidate securing 30 to 40% of votes polled in a constituency is declared elected. As a result, bulk of the electorate is not represented at all.
b) Another serious criticism of this system is that the party that polls a minority of votes may secure a majority of seats. In this process, the minority parties get eliminated, because their political strength is dispersed. It tends to under-represent minority parties and over-represent the majority.
c) Yet another criticism against this system is that the minority votes go unrepresented.
o But the Constitution adopted this system because it is best suited to the Indian context.

System of Proportional Representation
o A candidate seeking election under the Proportional Representation system should get more than 50 per cent of the total votes cast.
o Under this system, the number of seats in the legislative body will be, as nearly as possible,
in proportion to the votes cast for that party.
o Proportional Representation system is strongly supported by minority parties which suffer from the electoral distortions of the single-member constituency system.
o However, even this system is not free from weakness.
o Proportional Representation system tends to lead to multiplication of political parties and creation of coalition governments.
o However, it may be pointed out that Proportional Representation system is very complicated and cumbersome.
o Moreover, it would promote, sharpen and consolidate parochial loyalties based on caste, community, religion and so on.
o It would also encourage further fragmentation of political parties.
o It is particularly unsuited to large countries.
o The countries following the Proportional Representation system include France, Greece, Israel, Spain, Switzerland and Austria.
o There are various types of Proportional Representation system. These are:

A. Single Transferable Vote or Order of Choice
o The Single Transferable Vote (STV) is followed in India for elections to the Rajya Sabha, State Legislative Councils and the Offices of the President and Vice President.
o It is followed in Australia, at the federal level, for elections to the House of Representatives.
o Under this system, each elector is allowed to mark as many preferences as there are candidates, according to his choice, on a single ballot paper.
o This process involves distribution of excess votes of candidates who secure the lowest number of first preference votes, and transfer of their second or subsequent preference votes in order and crediting the candidates remaining in the field with these votes.
o The process is continued till the required number of candidates gets elected.

B. List System
o The German model known as list system, followed for elections to the Lower House-Bunderstag, is a mixture of direct elections to 50 per cent of the total seats from single member constituencies and Proportional Representation system on the basis of lists for the other half.
o Under this system, each voter has two votes, one to choose his constituency representative and the other to choose between party lists.
o In the direct election from single member constituencies, the candidates who poll votes (majority) are the winners.
o The seats are distributed among the parties in proportion to the total number of second votes polled by them in the entire electoral area.
o This, however, is subject to a condition that for entitlement, a party needs to obtain at least five per cent of the party list votes or should have won at least three seats at the Constitution's level.
Disadvantages
o People do not have contacts with the Members of Parliaments (MPs) to be elected.
o The MPs are attached to the political parties.
o People's interests are not properly tackled because the political parties discuss macro-policy only.

C. Two-ballot system
o The two-ballot system followed in France and Russia for Presidency stipulates that only a candidate winning more than 50 per cent of the votes could get ejected.
o A second round of voting is held if no candidate wins more than 50 per cent in the firstround.
o In the second round, if necessary, only the top two candidates are allowed to contest.
o This system helps to curb parochial tendencies in the political parties.
Election Commission
o The Election Commission is a permanent and an independent body established by the Constitution of India.
o Article 324 of the Constitution provides that the power of superintendence, direction and control of the elections, to the Parliament, State Legislatures, the office of the President of India and the office of the Vice-President of India, shall be released in the Election Commission.
o The Representation of the People Act, 1950, deals with the qualifications the Voters, preparation of the electoral rolls, delimitation of the Constituencies, allocation of seats in the Parliament and the State Legislatures and so on.
The Representation of the People Rules, 1950 deals with the preparation of the electoral rolls which was amended in 1988 and 1996.
Representation of the People Act, 1951, deals with the administrative machinery for conducting the election polls, election disputes, by-elections, registration of the political parties and so forth.
The Electoral System in India is borrowed from the one operating in Great Britain.
The Election Commission is not concerned with the elections to Panchayats and Municipalities in the States.
The elections to the Panchayats and the Municipalities in the states are conducted by State Election Commissions.
The Election Commission consists of one Chief Election Commissioner (CEC) and two Election Commissioners.
By an ordinance of 1993, the powers of Election Commissioners have been made equal to those of the Chief Election Commissioner.
The Commission works under the overall supervision of the Chief Election Commissioner.
It conducts and supervises elections and by-elections.
It delimits the constituencies for elections and allots the number of seats to each of them. It fixes the erection program-dates, the number of polling booths, and the declaration of the results.
It advises the President or the Governor on all electoral matters, including questions relating to the disqualifications of the members.
It prepares guidelines for a code of conduct for candidates, political parties and voters. It fixes the limit of elction expenses and examines the accounts of the electoral expenditures.
It determines the criteria for recognizing political parties and decides their election symbols.
It settles the election disputes and petitions referred to it by the President or the Governor. The term of the Chief Election Commissioner is for 6 years or till he/she attains the age of 65 years, whichever is earlier. He/she can be removed from the office in the same manner as the Judges of the Supreme Court.
He/she is not eligible for re-appointment. He/she cannot hold any office of profit after his/her retirement.
His/her salaries and allowances are met from the Consolidated Fund of India. The electoral system is based on adult-suffrage, the citizen not less than 18 years of age and not otherwise disqualified has the right to vote.
It is based on the geographical representation.
o This 8-member committee submitted its report in January 1999.
o The Committee upholds the cause for introduction of State funding which is Constitutionally and legally justified and is in the public interest.
o Till now, there have been 12 Chief Election Commissioners in India.

The Electoral Roll
o The electoral roll is a list of all the people in the constituency who are registered to vote in Indian elections.
o Only those people with their names on the electoral roll are allowed to vote.
o If one is eligible to vote and is not on the electoral roll, he/she can apply to the Electoral Registration Officer of the constituency, who will update the register. The updating of the Electoral Roll only stops during an election campaign, after the nominations of candidates have closed.
o In 1994, the Chief Election Commissioner issued orders to the political parties to complete their respective organizational elections. In 1997, the orders were reissued and parties like the Indian National Congress (I), the Janata Dal and others complied.
The authority of the EC to enforce internal democracy in political parties is based on the following:
o When a political party is registered with the EC under Section 29(A) of the Representation of Peoples' Act, 1951, it becomes a legal entity governed by its own constitution.
o It is not only registered, but recognised under the Symbol Order, 1968.
o Every communication of the party with the EC must be issued by the office bearers of the party, who are to be elected according to the party constitution.
o Where the party has no organisational elections, like the Shiv Sena of Maharashtra, the EC needs to examine the issue.
o For irregularities of elections within the party, either the party has to settle them or the Courts of Law are to deal with the disputes.

Who can stand for election?
o Any Indian citizen who is registered as a voter and is over 25 years of age is allowed to contest elections to the Lok Sabha or the State Legislative Assemblies.
o For the Rajya Sabha the age limit is 30 years.
o The candidates for the Rajya Sabha and the Vidhan Sabha should be a resident of the same State as the constituency from which they wish to contest.
o Every candidate has to make a deposit of Rs110,000 for the Lok Sabha election and 5,000 for the Rajya Sabha or the Vidhan Sabha elections, except for candidates from the Scheduled Castes and Scheduled Tribes who pay half of these amounts.
o The deposit is returned if the candidate receives more than one-sixth of the total number of valid votes polled in the constituency.
o Nominations must be supported at least by one registered elector of the constituency, in the case of a candidate sponsored by a registered Party and by ten registered electors from the constituency in the case of other candidates.
o Returning Officers, appointed by the Election

When do elections take place?
o Elections for the Lok Sabha and each State Legislative Assembly have to take place every five years, unless called earlier.
o The President can dissolve Lok Sabha and call for a general election before five years are up, if the Government can no longer command the confidence of the Lok Sabha, and if there is no alternative government available to take over.
Scheduling the elections
o When the five-year limit is up. or the legislature has been dissolved and new elections have been called for, the Election Commission puts into effect the machinery for holding an election.
o The Constitution states that there can be no longer gap than of 6 months between the last session of the dissolved Lok Sabha and the recalling of the new House, so elections have to be concluded before the specific time.
Judiciary
Judicial Review of election disputes:
o The decisions of the Commission can be challenged in the High Court and the Supreme Court of India by appropriate petitions.
o By long standing convention and several judicial pronouncements, once the actual process of elections has started, the judiciary does not intervene in the actual conduct of the polls.
o Once the polls are completed and result declared, the Commission cannot review any result on its own.
o This can only be reviewed through the process of an election petition, which can be filed before the High Court, in respect of elections to the Parliament and the State Legislatures.
o In respect to the elections for the offices of the President and the Vice President, such petitions can only be filed before the Supreme Court.

Model code of conduct
o During the election campaign the political parties and contesting candidates are expected to abide by a Model Code of Conduct evolved by the Election Commission on the basis of a consensus among political parties.
o The Model Code lay down broad guidelines as to how the political parties and candidates should conduct themselves during the election campaign.
o It is intended to maintain the election campaign on healthy lines, avoid clashes and conflicts between political parties or their supporters and to ensure peace and order during the campaign period and thereafter, until the results are declared.
o The Model Code also prescribes guidelines for the ruling party either at the Centre or in the States to ensure that a level field is maintained and that no cause is given for any complaint that the ruling party has used its official position for the purposes of its election campaign.

Political parties and elections
o Political parties are the established part of modern mass democracy, and the conduct of elections in India is largely dependent on the behaviour of the political parties.
o Although many candidates for Indian elections are independent, the winning candidates for the Lok Sabha and the Vidhan Sabha elections usually stand as members of political parties, and opinion polls suggest that people tend to vote for a party rather than participating candidate.
o Parties offer candidates organisational support, and by offering a broader election campaign, looking at the record of Government and putting forward alternative proposals for the Government, help voters make a choice about how the Government is run.
Registration with Election Commission
o As per the provisions of the Peoples Representation Act, 1951 political parties have to get registered with the Election Commission of India.
o The Commission determines whether the party is structured and committed to the principles of Democracy, Secularism and Socialism in accordance with the Indian Constitution and would uphold the Sovereignty, Unity and Integrity of India.
o Parties are expected to hold organisational elections and have a written Constitution of their own.
o The Anti-defection law, passed in 1985, prevents the MPs or the MLAs elected as candidates from one party forming or joining a new party, unless they comprise more than one-third of the original party, in. the legislature.

Recognition and reservation of symbols
o A party registered with the Election Commission may be granted recognition as a National or a State party on the basis of its performance in polls.
o Further, other parties are simply declared registered-unrecognised parties.
o How a party is classified determines a party's right to certain privileges, such as access to electoral rolls and provision of time for political broadcasts on the state-owned television and radio stations - All India Radio and Doordarshan - and also the important question of the allocation of the party symbols.
o Party symbols enable illiterate voters to identify the candidate of the party they wish to vote for.
o National parties are given a symbol that is for I their use only, throughout the country.
o State parties have the symbol in the State or States in which they are recognized.
o Registered-unrecognised parties can choose a symbol from a selection of 'free' symbols.

Media coverage
o In order to bring as much transparency as possible to the electoral process, the media is encouraged and provided with facilities to cover the elections, although subject to maintaining the secrecy of the vote.
o Media is also free to conduct Opinion Polls and Exit Polls.
o By a recent set of guideline issued, the Election Commission has stipulated that the results of Opinion Polls cannot be published between two days before the start of polling and after the close of the poll in any of the constituencies.
o Results of Exit Polls can only be published or made otherwise known only after half an hour of the end of polling hours on the last day of poll.

State funding of elections
There has been a demand that State funding of elections be introduced so that money power in elections can be reduced, genuine candidates, on the basis of leadership qualities, can have a chance, as contesting the elections will be open to the poor candidates as well.
corruption in the form of politician-criminal-businessman nexus can be drastically reduced.
Thus, free and fair elections demand that the

The Voters Identity Card
o Introduced in 1993 during the tenure of the former Chief Election Commissioner TN Seshan.
o The card distribution to eligible voters has made slow progress in some States.
o T.N. Seshan had even incurred the wrath of the judiciary for taking an unrelenting attitude with regard to the issue of cards.
o His successor MS Gill acknowledged that-it is not feasible to make the production of the card mandatory for voting. He made it compulsory for every voter to prove his or her identity by producing either the card or any of several other specified documents.
o The E.C. continued the practice as there were no serious complaints of voter having been denied the opportunity to exercise their franchise owing to this requirement. Division Bench of the Allahabad HC held that a person who figures in the electoral roll cannot be denied the statutory right to vote merely on the ground that he or she does not possess any of the 18 documents specified by the Election Commission (EC), in lieu of the Elector's Photo Identity Card (EPIC) that the EC has issued to some voters for establishing identity.
o The Court observed that the card was intended Jo facilitate the process of election in case of a challenge to the identity of an elector.
o The court said that the voters in Voters' List could produce before the Presiding officer at the polling booths any valid document, even other than the 18 documents specified by the E.C, instead of the card, in order to establish their identity.
o The Allahabad HC's judgement is an indicator that EC's requirement might be flawed.
The argument runs as such:
o The right to vote is a statutory right; the EC's insistence that voters establish their identity with the aid of a prescribed document if not an elector's Photo Identity Card, amounts to intervention by the Commission in the exercise of a statutory right.
o The EC seems to have compromised the electoral process by insisting that the requirement is to be met with.
o The Allahabad High Court pointed out that section 28_pf the Registration of Elector Rules 1961, clearly specifies the mode of identification of voter.
o If the statute specifies that a particular procedure be followed, it is to be followed that way and in no other way, the court said.
o The EC's requirement was justified by the virtue of Article 324 of the Constitution, and questioned the Allahabad High Court's powers to hear the matter once the notification for elections has been issued, in view of Article 324 (b).
o Article 324 (1): According to the SC, it has wide cannotations so as to include therein such powers as are necessary for the effective holding of the elections.
o The Article is intended to empower the EC to act in contingencies that are not provided for by law, and to pass necessary orders for the conduct of the election.
o In its judgement, the Allahabad HC, citing a SC order, made it clear that Article 324 (1) was subject to the norms of fairness.
o Under Article 329 (b), no election to Parliament or the State Legislatures shall be questioned except by means of an election petition presented Jo_a HC under the RPA (the Representation of the People's Act).
o The term 'election' has been interpreted to include all steps and proceedings commencing from the date of notification till the date of declaration of the result.
o Under this Article, if an election is called in to question, and this interrupts, obstructs, or protracts the election process, the involvement of the judicial remedy has to be postponed until after the elections in order to facilitate the functioning of the democracy.
o The SC has held in the election appeal case that judicial intervention is allowable if the assistance of the court is sought to correct or smoothen election proceedings, to remove obstacles therein, or to preserve a vital piece of evidence if the same would be lost or destroyed or rendered irretrievable by the time the results are declared and the jurisdiction of the Court is valid

Delimitation
Delimitation is the redrawing of the boundaries of a parliamentary or an assembly constituency to make sure that there are, as near as practicable, the same number of people in each constituency.
Purpose of delimitation
The delimitation exercise is meant to remove the disparities in the size of various electoral constituencies throughout the country.
Who undertakes it?
In India, boundaries are meant to be examined after the ten-yearly census to reflect the changes in the population, for which the Parliament by law establishes an independent Delimitation Commission, made up of the Chief Election Commissioner and two judges or ex-judges from the Supreme Court or the High Court.

Electoral Reforms
The Government has taken various steps to bring about electoral reforms. The steps taken are:
o Freeze in the increase of the total-number of j the Parliamentary (Lok Sabha) and State
Legislative Assembly Constituencies upto the year 2026. This was achieved by the Constitution (Eighty-fourth Amendment) Act, 2001,
o The freeze in the increase of the total number of the Parliamentary and State Legislative Assembly constituencies has been taken as a motivational measure to States to pursue fearlessly the agenda for population stabilization.
o The Cabinet decided to raise the ceiling on election expenditure for the Lok Sabha to Rs 25 lakhs against the present Rs 15 lakhs per constituency. In the case of Assembly constituencies, the limit is Rs 10 lakhs per constituency with adjustments in the case of smaller States.

The Representation of the People (Second Amendment) Act, 2003
o Section 13 AA of the Representation of the People Act, 1950 provided for the designation or nomination of an officer as the district election officer for each district in a State, other than a Union Territory, to coordinate and supervise the work relating to preparation and revision of electoral rolls and conduct of elections for all the Parliamentary, Assembly and Council constituencies within the district concerned.
o The Election Commission recommended that since the Union Territories are now divided into districts for administrative efficiency, amendment of section 13AA is necessary to provide for designation or nomination of district election officers in the Union Territories including the National Capital Territory of Delhi, which will facilitate better management of elections in the Union territories.

The Election and Other Related Laws (Amendment) Act, 2003
o The Election and Other Related Laws (Amendment) Act, 2003 was enacted on September 11,2003.
o The said Act provides that political parties may accept contributions voluntarily offered to it by any person or company other than a Government company.
o It also provides that donations received by the political parties should be declared in the prescribed form to the Election Commission.
o The Act also provides for State funding in the form of free supply of copies of electoral rolls and other materials prescribed by rules to the candidates of recognised political parties.

Commissions
Public Service Commissions:
o Provisions regarding the Public Service Commissions are contained from Article 315 to Article 323.
o There shall be a Public Service Commission for the Union and Public Service Commissions for the States.
o The SPSCs created, like UPSC, directly by the Constitution. A Joint State Public Service Commission (JSPSC) can be created by an act of the Parliament on the request of the Legislature of the State concerned.
o The UPSC can also serve the needs of a State on the request of the State Governor and with the approval of the President of India.
o The UPSC is the central recruiting agency in India.
o It is an independent Constitutional body in the sense that it is directly created by the Constitution of India.
o The members of the UPSC and the SPSCs are to be appointed by the President and the Governor respectively.
o The composition of the Commission is determined by the President or the Governors in case of the UPSC and the SPSCs respectively.
o The Constitution provides that one half of the members of the Commission should be such persons who have held any office for atleast ten years under the Government.
o The President or the Governor determines the conditions of service of the members of the commission
o The Chairman and the members of the UPSC shall hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.
o The Chairman and the members of the SPSC and the JSPSC shall hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.
o The Chairman and other members of a JSPSC shall be appointed by the President.
o By any reason, if the office of the Chairman of the Commission becomes vacant, and until the new Chairman has resumed, his duties be performed by such one of the other members of the Commission as the President, in the case of the UPSC and the JSPSC, and the Governor of the State in the case of the SPSC, may appoint for the purpose.
o The Chairman and the members of UPSC and JSPSC can relinquish their offices at any time by addressing their resignation to the President, and the Chairman and members of SPSC by addressing it to the Governor of the State.
o The Chairman and the members of the Public Service Commissions shall, on the expiration of their terms of office, be ineligible for reappointment to that office.
o The Chairman or any other member of a Public Service Commission shall only be removed from his office by an order of the President on the ground of misbehavior, after the Supreme Court, on reference being made to it by the President, has on inquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.
o The President may by an order remove from the office, the Chairman or any other member of the Public Service Commission if the Chairman or such other member, as the case may be-
o is adjudged an insolvent; or
o engaged during his term of office in any paid employment outside the duties of his office; or
o is, in the opinion of the President, unfit to continue office by reason of infirmity of mind or body.
o The Constitution has also defined the term 'misbehavior' in this regard.
o The Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government-of any State.
o The Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or any State.
o A member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of the State Public Service Commission, but not for any other employment either under the Government of India or under the Government of any State.
o A member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or the member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of any State.
o No reference is needed to be made to a Public Service Commission on the issue of the reservation of posts for the Backward classes, the Scheduled castes and the Scheduled tribes.
o Additional functions may be assigned to the Union Public Service Commission by an Act of the Parliament, or in the case of a State Commission by an Act of the State Legislature.
o The expenses of the Union or a State Public Service Commission, including salaries, allowances and pensions payable to or in respect to the members or the staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.
o The Union Public Service Commission will present annually, to the President, a report of the work done by the Commission. It shall be the duty of the. President to lay the report before each House of the Parliament. The State Public Service Commission will present annually to the Governor, a report of the work done by the Commission. It shall be the duty of the Governor to lay the report before the State Legislature. The Joint State Public Service Commission will present annually, to the Governors of each of the Slates, (he needs of which served by the Joint Commission, a report of the work done by the Commission in relation to that State. It shall be the duty of the Governor of each concerned State to lay the report before the State Legislature concerned. The Constitution visualizes the Union Public Service Commission to be the 'Watchdog of merit system' in India.
The function of the UPSC is to advise, not to decide.

Planning Commission
It was established on March 15, 1950 by an executive resolution of the Government of India.
It was established on the recommendation of the Advisory Planning Board constituted in 1946., under the chairmanship of KC Neogi.
It is an extra-constitutional and a non-statutory body.
It is the supreme organ of planning for social and economic development in India. The Prime Minister of India is the ex-officio chairman of the Planning Commission. The Deputy Chairman is the de-facto executive head (i.e. full time functional head) of the Commission.
The Deputy Chairman of the Commission is responsible for the formulation and submission of the draft of the Five-Year Plans to the Central Cabinet.
He is appointed by the Central Cabinet for a fixed tenure and enjoys the rank of a Cabinet Minister.
Though he is not a member of the Cabinet, he is invited to attend all its meetings (without a right to vote). Some Central Ministers are appointed as a part-time members of the Commission. Finance Minister and Planning Minister are the ex-officio members of the Commission. The Commission has four to seven full-time expert members.
The full-time members enjoy the rank of a Minister of State.
The Planning Commission has a member-secretary. He is usually a senior member of IASL
The Planning Commission is wholly a Centre-constituted body, the State
Governments are not represented.
The Planning Evaluation Organisation (PEO) was established in 1952 as an independent unit of the Planning Commission.
Planning Commission works as a staff agency with advisory role.
It is also known as 'Super Cabinet', an 'Economic Cabinet' a 'Parallel Cabinet', the 'Fifth wheel of the coach' etc.
At present, Montak Singh Ahluwalia the Deputy Chairman of the Tenth Planning Commission.

Finance Commission
Article 280 of the Constitution provides for a Finance Commission. It is a quasi-judicial body. It is constituted by the President of India every fifth year or at such an earlier time as he considers necessary.
The Finance Commission consists of a Chairman and four other members, to be appointed by the President. They are eligible for reappointment. The Parliament enacted the Finance Commission Act in 1951, specifying the qualifications of the Chairman and the members of the Commission. The Chairman should be a person having experience in public affairs. The members should be selected from amongst the following-
1. A judge of the High Court or one qualified to be appointed as one.
2. A person who has specialized knowledge of finance and accounts of the Government.
3. A person who has wide experience in financial matters and in administration.
4. A person who has special knowledge of Economics.

Functions
o The Finance Commission is required to make recommendations to the President of India on the following matters (Article 280): o The distriburion of the net proceeds of taxes to be shared between the Centre and the
States.
o The principles which should govern the Grants-in-Aid to the States by the Centre (i.e. out of the Consolidated Fund of India).
o The measures needed to augment the Consolidated Fund of a State to supplement the resource of the Panchayats and the Municipalities in the State on the basis of the recommendations made by the State Finance Commission.
The above function is added by the 73rd and 74th Constitutional Amendment Act of 1992. Any other matter referred to it by the President in the interest of sound finance. The Commission submits its report to the President. The President lays the report before both the Houses of the Parliament along with an explanatory memorandum as to the actions taken on its recommendations. The recommendations made by the Finance Commission are only of advisory nature and hence, not binding on the Government. The Constitution of India envisages the Finance Commission as the balancing wheel of Fiscal Federalism in India. Till now, the Presidents have constituted Twelve Finance Commissions.
Consolidated Fund of India and the sums to be paid to the States which are in need of assistance by way of grants-in-aid of their revenues under Article 275 of the Constitution for purposes other than those specified in the provisions to clause (1) of the Article; and The measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats and Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State. The Commission shall review the state of the finances of the Union and the States and suggest a plan by which the governments, collectively and severally, may bring about a restructuring of the public finances restoring budgetary balance, achieving macro-economic stability and debt reduction along with equitable growth.
The Commission shall review the Fiscal Reform Facility introduced by the Central Government on the basis of the recommendations of the Eleventh Finance Commission, and suggest measures for effective achievement of its objectives. The Commission may, after making an assessment of the debt position of the States, as on the 31 st march 2004, suggest such corrective measures, as are deemed necessary, consistent with macro- conomic stability and debt sustainability. Such measures recommended will give weightage to the performance of the States in the fields of human development and investment climate. The Commission may review the present arrangements as regards financing of Disaster Management with reference to the National Calamity Contingency Fund and the Calamity Relief Fund and make appropriate recommendations thereon. The Commission shall indicate the basis on which it has arrived at its findings and make available the State-wise estimates of receipts and expenditure.
National Commission for Women
o The National Commission for Women was set up as a statutory body in January 1992 under the National Commission for Women Act, 1990 to review the Constitutional and Legal safeguards for the women
o Recommend remedial Legislative measures, facilitate redressal of the grievances and advise the Government on all policy matters affecting the women.
o The first Commission was constituted on 31 st January 1992 with Mrs Jayanti Patnaik as the Chairperson.

Composition
The Commission shall consist of:
a) A Chairperson to be nominated by the Central Government.
b) Five members - to be nominated by the Central Government from amongst the persons of ability, integrity and standing - and have the experience in various fields, like law or legislation, trade unionism, management of industry potential of women, women's voluntary organization, administration, economic development, health, education or social welfare.
c) A Member Secretary - to be nominated by the Central Government.
The member Secretary should be either
(1) an expert in the field of management, organisation structure or social movement or
(2) an officer who is a member of a Civil Services of the Union or of an All India Service with appropriate experience.
The Act has bestowed the Commission with wide ranging powers and functions. It also vests the Commission with the power of a Civil Court.

Functions
The Commission shall perform all or any of the following functions, namely:
a) Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws;
b) Present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
c) Make in such reports/recommendations for the effective implementation of those safeguards for improving the conditions of the women by the Union or any State;
d) Review, from time to time, the existing provisions of the Constitution and other laws affecting the women and recommend amendments thereof so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;
e) Take up cases of violation of the provisions of the Constitution and of other laws relating to the women with the appropriate authorities;
f) Look into complaints and take suo moto notice of the matters relating to:
i. deprivation of the women's rights;
ii. non-implementation of the laws enacted to provide protection to the women and also to achieve the objective of equality and development;
iii. non compliance of the policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to the women, and take up the issues arising out of such matters with appropriate authorities;
g) Call for special studies or investigations into specific problems or situations arising out of the discrimination and atrocities against the women and identify the constraints so as to recommend strategies for their removal;
h) Undertake the promotional and educational research so as to suggest ways of ensuring due representation of the women in all spheres and identify factors responsible for impeding the support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;
i) Evaluate the progress of the development of women under the Union and any State;
j) Inspect or cause to inspect a jail, remand home, women's institution or other places of custody where the women are kept as prisoners or otherwise and take up with the concerned authorities for remedial action, if found necessary;
k) Fund litigations involving the issues affecting a large body of the women;
l) Make periodical reports to the Government on any matter pertaining to the women and in particular various difficulties under which women toil;
m) Any other matter which may be referred to it by the Central Government.

National Commission for Scheduled Tribes

o By the 89th Amendment of the Constitution on 19th February 2004, the National Commission for Scheduled Tribes has been set up under Article 338A on the bifurcation of the erstwhile National Commission for Scheduled Castes and Scheduled Tribes to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution.
o The Commission comprises a Chairperson, a Vice-Chairperson and three full time Members (including one lady Member).
o The term of all the Members of the Commission is three years from the date of assumption of charge:

Duties and functions
Constitution of India under Article 338A has assigned the following duties and functions to the Commission:
(a) To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
(b) To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
(c) To participate and advise in the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
(d) To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(e) To make in such reports, recommendations as to the measures that should be taken by the Union or any .State for effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes, and
(f) To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

Powers of the Commission
(a) The Commission have all the powers of a Civil Court trying a suit. Consultation by the Union and State Governments with the Commission: In accordance with clause 9 of Article 338A of the Constitution, Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
b) Monitoring
The Commission while investigating matters relating to the safeguards provided under the Constitution monitors the implementation and working of safeguards which include:
Acting upon Article 23 of the Constitution which prohibits traffic in human beings and forced labour, etc.; in respect of STs Prohibition of child labor under Article 24; in respect of STs
c) Educational safeguards under Article 15(4) for reservation of seats in educational institutions
d) Economic safeguards under Article 244 and working of Fifth and Sixth Schedules and release of grants for raising the level of administration in tribal areas To safeguard the distinct language, script or culture under Article 29(i)
f) Working of service safeguards provided under Articles 16(4), 16(4A), 16(4B) and 335 providing for adequate representation of Scheduled Tribes in appointments or posts
g) Enforcement of various laws such as:
(i) The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(ii) Bonded Labor System (Abolition) Act, 1976(respect of Scheduled Tribes)
(iii) The Child Labor (Prohibition and Regulation) Act, 1986 (in respect of Scheduled Tribes)
(iv) State Acts and Regulations concerning alienation and restoration of land belonging to Scheduled Tribes
(v) Forest Conservation Act, 1980 (in respect of Scheduled Tribes)
(vi) The Panchayat (Extension to the Scheduled Areas) Act, 1996
(vii) Minimum Wages Act, 1948 (in respect of Scheduled Tribes)

National Commission for SCs
The need for providing adequate safeguards for the Scheduled Castes and Scheduled Tribes was recognised by the framers of the Indian Constitution. For this purpose, special provisions were made in the Constitution of India to promote social, educational, economic and service interests of these two weaker sections of the society. The Constitution of India also provided for appointment of a Special Officer under Article 338 for investigation of allmatters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes and to submit reports to the President, annually and at such other times, as the Commission may deem fit, about working of these safeguards.
In order to oversee the implementation of various safeguards provided for SCs & STs, a Multi-Member Commission, known as the Commission for SCs & STs, came into being in 1978. This Commission was renamed as tin; National Commission for SCs & STs in 1987 to act as a National level Advisory Body m SC and ST matters. The erstwhile field offices of Commissioner for SCs & STs were brought under the control of the Multi-Member Commission. In 1990, the provisions of Article 338 were amended, vide the Constitution (Sixty fifth) Amendment Act, 1990 and the Office of the Commissioner for SCs & STs was replaced by the National Commission for SCs & STs in 1992 with its headquarters at New Delhi. It is headed by a Chairman who is aided by a Vice-Chairman and five other Members. In 2003, the commission was bifurcated into separate SC and ST commissions

Functions and Duties of the Commission
Following are the functions, duties and powers of the commission:
a) to investigate and monitor all matters relating to the safeguards provided for the SCs under the Constitution of India or under any other land and to evaluate the working of such safeguards.
b) to enquire into specific complaints with respect to the deprivation of rights and safeguards of the SCs.
c) to participate and advise on the planning process of socio-economic development of the Scheduled Caste and to evaluate the progress of their development under the Union and any State.
d) to present to the President, annually and at such other times as the Commission may deem fit reports upon the working of those safeguards;
e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Schedule Castes as the President may by rule specify.
National Commission for Backward Classes

Pursuant to the direction of the Supreme Court in the Mandal case judgement, the Government of India enacted the National Commission for Backward Classes Act, 1993 for setting up a National Commission for Backward Classes at the Centre as a permanent body. Article 340 of the Constitution provides for the appointment of a Commission to investigate the conditions of and the difficulties faced by the socially and educationally backward classes and to make appropriate recommendations.
The Act came into effect on the 2nd April, 1993. The Act provides that the Commission shall consist of five Members, comprising of a Chairperson who is or has been a judge of the Supreme Court or of a High Court; a social scientist; two persons, who have special knowledge in matters relating to backward classes; and a Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.

Functions of the Commission Under the Act
The Commission shall examine requests for inclusion of any class of citizens as a backward class in the Central List of Backward Classes and hear complaints of over-inclusion or under-inclusion of any backward class in the lists and tender such advice to the Central Government as it deems appropriate. Under Section 9(2) of the Act, "The advice of the Commission shall ordinarily be binding upon the Central Government".
Under Section 11 (1) of the Act, the Central Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.

Guidelines for consideration of requests for inclusion and complaints of under inclusion in the Central list of OBCs
The Commission, after studying the criteria/ indicators framed by the Mandal Commission and the commissions set up in the past by different state Governments and other relevant materials, formulated the following guidelines for considering requests for inclusion in the list of Other Backward Classes:
A. Social
1. Castes and communities, generally considered as socially backward.
2. (a) Castes and communities, which mainly depend on agricultural and/or other manual labour for their livelihood and are lacking any significant resource base.
b) Castes and communities, which, for their livelihood, mainly depend on agricultural and/or other manual labour for wage and are lacking any significant base.
c) Castes and communities, the women of which, as a general practice, are for their family's livelihood, engaged in agricultural and/or other manual labour, for wage.
d) Castes and communities, the children of which, as a general practice, are, for family's livelihood or for supplementing family's low income, mainly engaged in agricultural and/ or manual labour.
e) Castes and communities, which in terms of caste system, are identified with traditional crafts or traditional or hereditary occupations considered to be lowly or undignified.
f) Castes and communities, which in terms of the caste system, are identified with tradtional or hereditary occupations considered to be 'unclean' or stigmatized.
g) Nomadic and semi-nomadic castes and communities.
h) Denotified or Vimukta Jati castes and communities
3. Castes and communities, having no representation or poor representation in the State Legislative Assembly and/or district-level Panchayati Raj institutions during the ten years preceding the date of the application
B. Educational
1. Castes and communities whose literacy rate is at least 8% less than the State or district average.
2. Castes and communities of which the proportion of matriculates is at least 20 per cent less than the State or district average.
3. Castes and communities, of which the proportion of graduates is at least 20 percent less than the State or district average.
C. Economic
1. Castes and communities, a significant proportion of whose members reside only in Kachha houses.
2. Castes and communities, the share of whose members in number of cases and in extent of agricultural lands surrendered under the Agricultural Land Ceiling Act of the State, is nil or significantly low.

Minorities Commission
The setting up of Minorities Commission was envisaged in the Ministry of Home Affairs Resolution in 1978, which specifically mentioned that, "despite the safeguards provided in the Constitution and the laws in force, there persists among the Minorities a feeling of inequality and discrimination. In order to preserve secular traditions and to promote National Integration, the Government of India attaches the highest importance to the enforcement of the safeguards provided for the Minorities and is of the firm view that effective institutional arrangements are urgently required for the enforcement and implementation of all the safeguards provided for the Minorities in the Constitution, in the Central and State Laws and in the government policies and administrative schemes enunciated from time to time." The Minorities Commission was accordingly set up to safeguard the interests of minorities whether based on religion or language. The Commission was renamed as National Commission for Minorities and the first Statutory Commission was constituted in 1993.

Constitution of the National Commission for Minorities
1) The Central Government shall constitute a body to be known as the National Commission for Minorities to exercise the powers conferred on, and to perform the functions assigned to it under this Act.
2) The Commission shall consist of a Chairperson, a Vice Chairperson and five Members to be nominated by the Central Government from amongst persons of eminence, ability and integrity; Provided that five Members including the Chairperson shall be from amongst the Minority communities.

Functions of the Commission
The Commission shall perform all or any of the following functions, namely:
a) evaluate the progress of the development of Minorities under the Union and States;
b) monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures;
c) make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the Central Government or the State Governments;
d) look into specific complaints regarding deprivation of rights and safeguards of the Minorities and take up such matters with the appropriate authorities;
e) cause studies to be undertaken into problems arising out of any discrimination against Minorities and recommend measures for their removal;
f) conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities;
g) suggest appropriate measures in respect of any Minority to be undertaken by the Central Government or the State Governments;
h) make periodical or special reports to the Central Government on any matter pertaining to Minorities and in particular the difficulties confronted by them; and
i) any other matter which may be referred to it by the Central Government.

University Grant Commission
Soon after Independence, the University Education Commission was set up in 1948 under the Chairmanship of Dr. S Radhakrishnan to report on Indian university education and suggest improvements and extensions that might be desirable to suit the present and future needs and aspirations of the country". It recommended that the University Grants Committee be reconstituted on the general model of the University Grants Commission of the United Kingdom with a full-time Chairman and other members to be appointed from amongst educationists of repute.
hi 1952, the Union Government decided that all cases pertaining to the allocation of grants-in-aid from public funds to the Central Universities and other Universities and Institutions of higher learning might be referred to the University Grants Commission. Consequently, the University Grants Commission (UGC) was formally inaugurated by late Shri Maulana Abul Kalam Azad, the then Minister of Education. Natural Resources and Scientific Research on 28 December 1953.
The UGC, however, was formally established only in November 1956 as a statutory body of the Government of India through an Act of Parliament for the coordination, determination and maintenance of standards of university education in India. In order to ensure effective region-wise coverage throughout the country, the UGC has decentralised its operations by setting up six regional centres at Pune, Hyderabad, Kolkata, Bhopal, Guwahati and Bangalore. The head office of the UGC is located at Bahadur Shah Zafar Marg in New Delhi, with two additional bureaus operating from 35, Feroz Shah Road and the South Campus of University of Delhi as well.

The Mandate
The UGC has the unique distinction of being the only grant-giving agency in the country which has been vested with two responsibilities: that of providing funds and that of coordination, determination and maintenance of standards in institutions of higher education. The UGC's mandate includes:
o Promoting and coordinating university education.
o Determining and maintaining standards of teaching, examination and research in universities.
o Framing regulations on minimum standards of education.
o Monitoring developments in the field of collegiate and university education; disbursing grants to the universities and colleges.
o Serving as a vital link between the Union and state governments and institutions of higher learning.
o Advising the Central and state governments on the measures necessary for improvement of university education.

Composition
The UGC comprises a Chairperson, Vice-Chairperson and ten other members appointed by the Central Government. The Chairperson is selected from among persons who are not officers of the Central or state governments. Of the ten members, two represent the Central government (specifically, the ministries of Human Resource Development and Finance) while at least four must be university teachers at the time of their selection. Other members are selected from amongst eminent educationists and experts in various other fields.

Funding
In order to execute its responsibilities, the UGC receives both Plan and non-Plan grants from the Central government. It allocates and disburses full maintenance and development grants to all Central Universities, colleges affiliated to the Delhi
University and Banaras Hindu University and some institutions that have been accorded the status of 'Deemed to be University'. State universities, colleges and other institutions of higher education receive support only from the
Plan grant for development schemes. In addition, the UGC also provides financial assistance to universities and colleges under various schemes/ programmes for promoting quality, excellence, teaching and research. Constitution at a Glance
350 and 351
Parts    Subject Matter    Articles Covered
I    The Union and its territory    1 to 4
II    Citizenship    5 to 11
III    Fundamental Rights    12 to 35
IV    Directive Principles of State Policy    36 to 51 IV A Fundamental Duties 51 A
V    Union    52 to 151
Chapter I    The Executive    52 to 78
Chapter II    Parliament    79 to 122
Chapter III    Legislative Powers of the President    1 23
Chapter IV    The Union Judiciary    124 to 147
Chapter V    Comptroller and Auditor General of India    148 to 151
VI The States    The States    152 to 237
Chapter I    General    1 52
Chapter II    The Executive    153 to 167
Chapter III    The State Legislature    168 to 212
Chapter IV    Legislative Powers of the Governors    21 3
Chapter V    The High Courts    214 to 232
Chapter VI    Subordinate Courts    233 to 237
VII    The States in Part B of the First Schedule (Repealed)    238
VIII    The Union Territories    239 to 242
IX    The Panchayats    243 to 243
IX A    A The Municipalities    243 P to 243 ZG
X    The Scheduled and the Tribal Areas    244 to 244
XI    Relations between the Union and the States    245 to 263
Chapter I    Legislative Relations    245 to 255
Chapter II    Administrative Relations    256 to 263
XII    Finance, Property, Contracts and Suits    264 to 300
Chapter I    Finance    264 to 291
Chapter II    Borrowing    292 to 293
Chapter III    Property, Contracts, Rights, Liabilities, Obligations and Suits    294 to 300
Chapter IV.    Right to Property    300 A
XIII    Trade, Commerce and Intercourse within the Territory of India    301 to 307
XIV    Services under the Union and the States    308 to 323
Chapter I    Services    308 to 314
Chapter II    Public Service Commission's    315 to 323
XIV    A Tribunals    323 A to 233 B
XV    Elections    324 to 329 A
XVI    Indians    330 to 342
XVII    Official Language    343 to 351
Chapter I    Language of the Union    343 and 344
Chapter II    Regional Languages    345 to 347
Chapter III    Language of the Supreme Court, the High Courts, and so on    348 and 349
Chapter IV    Special Directives   
XVIII    Emergency Provisions    352 to 360
XIX    Miscellaneous    361 to 367
XX    Amendments of the Constitution    368
XXI    Temporary, Transitional and Special Provisions    369 to 392
XXII    Short Title, Commencement, Authoritative Text in Hindi and Repeals    393 to 395
Citizenship
o A citizen is a person who enjoys full membership of the community or State in which he lives or ordinarily lives.
o Citizens are different from aliens, who do not enjoy all the rights which are essential for full membership of a state.
Part II of the Constitution simply describes classes if a person living in India at the commencement of the Constitution, i.e. 26th January 1950, and leaves the entire law of the citizenship to be regulated by legislations made by the Parliament.
o In exercise of its power, the Parliament enacted the Indian Citizenship Act, 1955, which was subsequently amended in 1986.
o The Act provides for the acquisition of Indian citizenship after the commencement of the Constitution in five ways, i.e. birth, descent, registration, naturalization and incorporation of territory.
1. By birth: Every person born in India on or after 26 January L950, shall be a citizen of India by law of soil (Jus Soli), provided either or both of his/her parents are citizens of India at"the time of his/her birth.
o But this law does not apply where his/her father is a diplomat of any other country or is an enemy alien at the time of his/her birth.
2. By descent: Broadly, a person born outside India on or after January 26, 1950, isacitizen of India by descent if his/her either of the parents is a citizen of India at the time of that person's birth i.e. law of blood (Jus Sanguine).
3. By registration: The prescribed authority may, on application, register as a citizen of India, any person who is not a citizen by virtue of Constitution or the provisions of the Citizenship Act.
This mode of acquiring citizenship is available to any of the following categories:
a) persons of Indian origin who are ordinarily resident in India for 7 years immediately before making an application for registration
b) persons of Indian origin who are ordinarily resident in any country or place outside India
c) women who are, or have been married to citizens of India
d) minor children of persons who are citizens of India
e) persons of full age and capacity who are citizens of a country mentioned in the First Schedule.
Rights not Available to Aliens
1. Right not to be discriminated against on grounds of race, caste, religion, sex or place of birth (Art 15)
2. Right to equality of opportunity in public employment (Art 16)
3. Right to six fundamental freedoms under Art 1 9.
4. Right of suffrage
5. Cultural and educational rights conferred by Arts 29 & 30.
6. Rights to hold certain offices-President, Vice-President, Governor of States, Judges of Supreme Court or High Courts, Attorney General of India, Comptroller and Auditor General, etc.
7. Right to contest election and get elected to either House at the Centre or State level.
ARTICLEs related to citizenship:
5 Citizenship at the commencement of the Constitution.
6 Rights of citizenship of certain persons who have migrated to India from Pakistan.
7 Rights of citizenship of certain migrants to Pakistan.
8 Rights of citizenship of certain persons of Indian origin residing outside India.
9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
10 Continuance of the rights of citizenship.
11 Parliament to regulate the right of citizenship by law.
Loss of Citizenship
Renunciation: It is a voluntary act by which a person, after Requiring the citizenship of another country, gives up his Indian citizenship. This provision is subject to certain conditions.
Termination:
o Takes place by operation of law when an Indian citizen voluntarily acquires the citizenship of another country.
o He automatically ceases to be an Indian citizen.
Deprivation:
oIt is a compulsory termination of the citizenship of India obtained by registration or Naturalisation, by the Government of India, on charges of using
fraudulent means to acquire citizenship.
By naturalization: Citizenship by naturalisation can be acquired by making an application in the prescribed manner.
The qualifications for naturalisation are the following:
a) He must be a person of full age and capacity
b) He must not be a citizen of a country where Indian citizens are prevented from becoming citizen by naturalisation
c) He has renounced the citizenship of the other country
d) He has either resided in India or has been in Government service for 12 months before the date of making the application for naturalisation, or during 7 years prior to these 12 months, he has resided or has been in the Government service for not less than four years
e) He must take an oath of allegiance
f) He is of a good character
g) He has an adequate knowledge of a language recognised by the Constitution
By incorporation of territories: If any new territory becomes a part of India, after a popular verdict, the Government of India shall specify the person of that territory to be the citizen of India.
In India, there is single citizenship i.e. citizenship of India. A citizen is an individual who enjoys all the rights given by the law, available in the country. Art. 11 says that the Parliament will regulate the right of citizenship by the Law.
Termination of citizenship: The Citizenship Act, 1955 also lays down three modes by which an Indian citizen may lose his/ her citizenship. These are renunciation, termination and deprivation.
Indian Citizenship
Overseas Citizenship of India (OCI):
The Prime Minister of India in the Pravasi Bhartiya Divas, 2005 made a statement to extend the facility of Overseas Citizenship of India (OCI) to Persons of Indian origin (PIOs). In order to implement the PM's statement, Citizenship (Amendment) Ordinance, 2005 was promulgated on 28"' June 2005, which later became an Amendment Act. This Citizenship (Amendment) Act 2005 amends the Citizenship Act, 1955 by deleting Fourth Schedule of the Citizenship Act. 1955.
The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously. Based on the recommendation of the High Level Committee on Indian Diaspora, the Government of India decided to grant Overseas Citizenship of India (OCI) commonly known as eDual Citizenship'. A foreign national, who was eligible to become citizen of India on 26.01.1950 or was a citizen of India on or at anytime after 26.01.1950 or belonged to a territory that became part of India after 15.08.1947 and his/ her children and grand children, provided his/ her country of citizenship allows dual citizenship in some form or other under the local laws, is eligible for registration as Overseas Citizen of India (OCI). Minor children of such person are also eligible for OCI.

PIO Card: 
o The Government of India has revised the Persons of Indian Origin (PIO) Card Scheme in August 2002, which was launched in 1999, aimed at making the journey back to the roots, simpler, easier, flexible and absolutely hassle free.
Fundamental Rights
Part III of the Constitution contains a long list of the Fundamental Rights.
o The most striking difference between the Government of India Act, 1935 and the present Constitution is the presence of the Fundamental Rights in the later.
o This chapter of the Constitution has been described as the 'Magna Carta' of India.
o Part III of the Constitution is called the 'Cornerstone' of the Constitution, and together with Part IV (Directive Principles), constitutes the 'conscience' of the Constitution.
o The Fundamental Rights were deemed essential to protect the rights and liberties of the people against the encroachment of the power delegated by them to their Government. They are the limitations upon all the powers of the Government, legislative as well as executive.
These rights are regarded as fundamental because they are most essential for the attainment by the individual his/her full intellectual, moral and spiritual status. The declaration of the Fundamental Rights in the Constitution serves as the reminder to the Government in power that certain liberties, assured to the people by the Constitution, as respected by law.
o The object behind the inclusion of the chapter on the Fundamental Rights in the Indian Constitution is to establish 'a Government of law and not of man'.
o Fundamental Rights are the restricted rights, they do not give absolute powers to the individual.
o Article 17 and Article 24 are the only absolute rights.
o Right against discrimination [Art 15 (2)], Right against untouchability (Art 17) and Right against exploitation [Art (23) & (24)] can be enforced against the private individuals also.
o Article 13 provides for the Judicial Review of all the legislations in India.

Judicial Review is the power conferred on the High Courts and the Supreme Court of India to declare a law unconstitutional, if it is inconsistent with any of the provisions of Part III of the Constitution, to the extent of the contravention.
o The concept of the Judicial Review is taken from the Constitution of the US.
o The Supreme Court in the number of cases, from Shankari Prasad vs. Union of India (1952)
o The Court in this case held that the Parliament can amend any of the provisions of the Constitution including Fundamental Rights by its amending power under Art 368, provided such amendments do not infringe the basic structure of the Constitution.
o The Constitution of India contains provisions for automatic suspension of the Fundamental Rights under certain circumstances, as fore.g. during the National Emergency under Article 352 (i.e. war or external aggression).
o The Constitution empowers the President, under Article 359, to suspend any or all the Fundamental Rights by issuing a separate Proclamation during a National Emergency.
o The 44th Amendment Act, 1978 prohibits the suspension of Art. 20 and 21 (protection in respect of conviction for offences and protection of Life and Personal Liberty respectively) even during a National Emergency.

Right to Equality (Art 14-18)
Article 14: The State shall not deny to any person equality before the law or equal protection of the laws within the territory of India.
This concept is borrowed from the British Constitution.
Equaljty before law is a negative concept. It means 'no man is above law' and every person, whatever be his/her social status, is subject to the Jurisdiction of the Courts. The rule of equality before law is, however, not an absolute rule and there are a number of exceptions to it.
Equal protection of law is a positive concept.
o This concept is borrowed from the US Constitution.
o It only means that all persons in similar conditions/circumstances shall be treated alike.
o There can be a discrimination between the groups but not within the groups.
o Since the State stands for the welfare of all sections of the society, it can make certain discriminations in favour of those who are less privileged.
o The 'rule of law' embodied in Art. 14 is a "basic feature" of the Indian Constitution and hence it cannot be destroyed even by an amendment of the Constitution under Article 368 of the Constitution.
o The word 'any person' in Article 14 of the Constitution denotes that the guarantee of the equal protection of laws is available to any person which includes any association, company or body of individuals.

Article 15
o Article 15 of the Constitution provides for the prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth.
o Article 15 directs the State not to discriminate 7 against a citizen on the grounds only of race, T caste, religion, sex or place of birth etc.
o The word 'only' indicates that the discrimination cannot be made merely on the ground that one belongs to a particular caste, religion, race etc.
o If other qualifications are equal, religion, race, caste etc. should not be a disability.
The guarantee under Article 15 is available to the citizens only and not to every person whether 'citizen oman-citizen' as under Article 14.
The third clause, empowers the State to make special provisions for the protection of women and children.
The fourth clause which was added by the 1st Constitutional Amendment Act 1951, ^ "
enables the State to make special provisions for protection of the interests of the Backward Classes and is, therefore, an exception to Article 15 and 29(2) of the Constitution.
o Art 29(2) states that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them

Article 16
o Equality of opportunity in matters of public employment.
o No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth or residence be ineligible for, or discriminated against in respect of, any employment or office under the State.
o The State is free to specify the qualifications. There cannot be any other ground for non-eligibility.
o The Constitution (81st Amendment) Act, 2000 has added a new clause (4-B) in Article 16 of the Constitution which seeks to end the 50% limit for the (SC/STs and OBCs in backlog vacancies which could not be filled up due to the non availability of eligible candidates of these categories in the previous years.
Note: Under Article 16, the guarantee against discrimination is limited to 'employment' and 'appointment' under the State.
o Equal pay for equal work, although not expressly declared to be a Fundamental Right, is clearly a Constitutional goal under Articles 14, 16 and 39 (c) of the Constitution and can be enforced by the Courts in the cases of unequal scales of pay based on irrational classification.
Exceptions:
o Residence can be made as a restriction for
employment on the basis of historical aspects.
o Special favors can be given to the Backward Classes which are not adequately represented.
o Religion can be a ground for discrimination in special cases. There are religious institutions taken over by the State, so, the religious posts are reserved for the people of the same religious denomination.

Article 17 : Abolition of untouchability
o 'Untouchabjlity'Jsjabolishedand its practice in any form is forbidden.
o The enforcement of any disability arising out of 'untouchability' shall be an offence, punishable in accordancewith the law.
o The Constitution itself does not prescribe any punishment under this Article.
o The Parliament enacted the 'Untouchability (offences) Act, 1955' which prescribes the punishment for the practice of untouchability.
o This Act was amended by the 'Untouchability (offences) Amendment Act, 1976', in order to make the untouchability laws more stringent.
o The name of the original Act was changed to 'Civil Rights (Protection) Ad, 1976'.
o Later, when there was violence against members of Scheduled Castes and Scheduled Tribes, leading to brutalities such as mass murder, rape, arson, grievous injuries, etc. enactment of a special law for their protection was resorted to known as Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to provide for strong punitive measures which could serve as a deterrence.
o The Act does not define 'untouchability'.
o According to the Supreme Court, 'untouchability' should not be understood in its literal or grammatical sense. It is to be understood as the 'practice as it had developed historically'.
o Article 17 also imposes a duty on the Public Servants to investigate such offences.

Article 18: Abolition of Titles
o No title, not being a Military or Academic
o Andhra Pradesh government has decided providing for five per cent reservations for Muslims in jobs and educational institutions and issued an ordinance for the same.
o The Andhra High Court declared the ordinance granting reservations to Muslims as void on the ground that the recognition of Muslims as backward class was not done by the Backward Caste Commission but by the Minorities Welfare Board.
o So the government has established a Backward Caste Commission, which recommended the whole of Muslim Community as backward. Based on the recommendation, the government has granted and made a law for that purpose.
o The government in Andhra Pradesh received a setback once again with the High Court quashing the quota on November 7, 2005.
o Disapproving religion-based reservation, a five-member Bench found fault with the procedure adopted by the State Backward Classes Commission whose report formed the basis for the quota order.
o "The entire process is vitiated by arbitrariness and failure to adopt reasonable criteria. Thus the reservation act is ultra vires of the Constitution," the Court said.

Arguments for reservation
o Muslim Community as a whole in the state is backward that it can be considered as separate class for reservations. The per capita income, standard of living, representation in public services, literacy rate etc among the Muslims is significantly low. This brings them within the ambit of socially and educationally backward class within Art 15(4) and 16(4) of the Constitution.

Flaws in the decision
o Reservation under Art 15(4) and 16(4) is granted to socially and educationally backward class and not to either socially or educationally backward. Muslims may be educationally backward but they have never been socially backward as they have always been close to power and never have they been subjected to degrading treatment.
o A particular section among Muslims may be backward but not the whole community. The High Court in its earlier order had asked the Backward Caste Commission to pick the backward section among the Muslims and not the whole community.
o The reservation in this case would increase above 50%, a violation of Mandal judgment.
o Constitution does not provide reservation in the name of religion.
o It is a politically motivated decision, which is against the larger public interest.
o It may open the Pandora's box whereby demands from more states would start coming.
o Mandal Commission had already included a few sections of Muslim Community among backward class. Thus whole community is not backward.
o This decision may increase the competition for backwardness among Muslims.
o Such political games to sub serve the vested interests must be avoided. It is not a welcome sign for Indian democracy. It may be detrimental to the nation's health in the long run.
o No citizen of India shall accept any title from any foreign State.
o It also prohibits a foreign national under the employment of the State to receive any title from any foreign State without the consent of the President.
o Article 18 does not prescribe any punishment for the offence.
o Parliament is free to make a law for the punishment.
o These National Awards were formally instituted in January, 1954 by two Presidential Notifications.
Right to Freedom (Art 19-22)
o Personal liberty is the most important of all the Fundamental Rights.
o Taken together these four Articles from 19 to 22 form a chapter on personal liberties which provides the backbone of the chapter on the Fundamental Rights.

Article 19
Article 19 of the Constitution guarantees to the citizens of India the following six fundamental rights/freedoms:
a) freedom of speech and expression,
b) to assemble peacefully and without arms,
c) to form associations or unions
d) to move freely throughout the territory of India,
e) to reside and settle in any part of the territory of India.
f) Right to Property (It was removed by the 44th Constitutional Amendment, 1978 and transferred to Art. 300 A).
g) to practice any profession, or to carry on any occupation, trade or business.

o The six basic freedoms prescribed in Article 19 are not absolute. The State can impose reasonable restrictions on the grounds of security of the State, friendly relations with the foreign States, public order, decency, morality, contempt of court, defamation etc.
o The right to form associations, unions etc. does not give right to strike.
o The Indian Constitution does not provide for the freedom of Press separately. It is implicit in Article 19, which grants freedom of speech and expression.

Right to Information
o A proper freedom of information regime is a vital aspect of open government and a fundamental underpinning of democracy.
o It is only where there is a free flow of information that accountability can be ensured, corruption avoided and the public's right to know is satisfied.
o Freedom of information is also a crucial prerequisite for sustainable development.
o Resource management, social initiatives and economic strategies can only be effective if the public is informed and has confidence in the government.

Article 20
Protection in respect of conviction for offences This protection is available against the following three types of convictions:
a) Ex-post facto legislation
o This means enacting a law and giving it a retrospective (i.e. from a previous date / year) effect.
o This power has been conferred to the Parliament bv the Constitution.
o This is applicable only for civil legislations while criminal legislationsatnnot be given retrospective effect.
b) Double Jeopardy
o This means that an individual can be punished for a crime only once and also not beyond the period prescribed by the authority:
o If a civil servant is dismissed on criminal charges, his dismissal does not come under Double Jeopardy and he could be well prosecuted further in the Court.
c) Prohibition against self incrimination
o It is the duty of the prosecution to prove the offence.

Article 21
Protection of Life and Personal Liberty
o No person shall be deprived of his/her life and personal liberty except according to the procedure established by law.
o Over the period, this Article has undergone a sea change and has become the most important Fundamental Right.
o The Supreme Court, through a liberal interpretation of the Article, has derived a number of inferred rights.
o The Article stands not merely for the right to life and personal liberty, but also for the right to dignity and all other attributes of human personality that are essential for the full development of a person.
o Article 21 has become the 'Foundation stone of Part IIP of the Constitution.
o In some judgements, the Supreme Court held that the right to clean and hygienic conditions of life is a part of Right to Life.
o Article 21 protects an individual both against legislative and executive actions.
o Domiciliary visit by Police during night is an invasion of personal liberty and hence Art 21.
o Right to travel abroad: Part of personal liberty - Hence part of Art 21
o Right to have primary education is a fundamental right under Art_21.
o Art 21_jncludes the principles of Natural Justice,
o Right to health and medical assistance: It is the professional obligation of all doctors, whether government or private, to extend medical aid to the injured immediately to preserve life without waiting for legal formalities.
o Right to get pollution free water & air: Protection of ecology and environment come under Art 21.
o A minor girl's right to bear child: Bearing child is a natural right of a woman.
o Right to free legal aid and speedy trial are guaranteed under Art 21. According to Supreme Court- "This is the State's duty and not Government Charity".
o Rights against hand-cuffing: There must be clear and present danger of escape-breaking out of police control-and for this there must be clear material evidence.
o In Chakma migrants case, Supreme Court declared that even non-citizens are entitled for right to life.
o Right against inhuman treatment. According to Art 21 use of "third degree" method by police is violative of Art 21.
o Telephone tapping is an invasion on right to privacy, hence violates Art 21
o Prevention of sexual harassment of working women comes under Art 21. It is the duty of the employer or any other responsible person in workplace to prevent sexual harassment of working women.

Article 22
Protection against arrest and detention in certain cases
o The Authority cannot arrest or detain a person without properly informing him/her of the grounds for such arrests/detention.
o The detained/arrested person must be produced before the nearest Magistrate within 24 hours of arrest (excluding the holidays and time taken during the journey).
o The period of the detention cannot be extended beyond what is authorized by the Magistrate.

Right against Exploitation (Art 23 & 24) Article 23
Prohibition of traffic in human beings and forced labour
o Traffic in human beings and beggar and other similar forms of forced labour are prohibited.
o Any contravention of this provision shall be an offence punishable in accordance with law.
o Traffic in human beings means selling and buying men and women like goods and includes immoral traffic in women and children for immoral and other purposes.
o One shall not be forced to provide labour or services against his will even if remuneration is paid.
o If remuneration is less than minimum wages, it amounts to forced labour under Article 23.

Article 24
Prohibition of employment of children in factories, etc
o The essence of Article 24 is the prohibition of employment of children below 14 years of age in hazardous jobs.
o This provision is in the interest of public health and safety of the lives of children.
o In NIC. Mehta vs State of Tamil Nadu case, the Supreme Court held that the State authorities should protect economic, social and humanitarian rights of children, working illegally in the Public and Private sectors.
Right to Freedom (Art.25-28)
o India is a secular State, not an irreligious or an atheist State.
o The State protects all the religions; but interferes with none. It believes in the ancient Indian doctrine of 'Sarva Dharma Sambhava'.
o The State is concerned with the relations between man and man and not with those of man and supernatural power.
o India is a home of many religions, thus, Freedom of religion is the essence or an important element of Freedom in India.

Article 25
Freedom of conscience, profession, practice and propagation of religion
o Subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to the freedom of conscience and the right to profess, practice and propagate religion.
o The right to propagate does not mean alluring a person to join any religion.
o A Constitution Bench of the Supreme Court, in a group of related cases in 1977 called the Rev. Stainislau vs State of Madhya Pradesh. Others case, ruled that Article 25(1) does not give the right to convert but only the right to spread the tenets of one's own religion.
o The Supreme Court was delivering the verdict about the legislation made in Madhya Pradesh and Orissa to outlaw conversions based on force, fraud and allurement in 1968.

Article 26
Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right:
o To establish and maintain institutions for religious and charitable purposes.
o To manage its own affairs in the matters of religion
o To own and acquire movable and immovable property and
o To administer such property in accordance with law.

Article 27
Freedom as to payment of taxes for promotion of any particular religion.
o No person shall be compelled to pay any tax for religious purposes.
o If the Government has done any service for a particular religious denomination, the Government is free to charge fees from the devotees.

Article 28
Freedom as to the attendance at religious instruction or religious worship in certain educational institutions.
o Articles 28 divides educational institutions into four categories:
1. Wholly maintained by the State
2. Recognised by the State
3. Receiving aids out of the State funds
4. Administered by State but established under a religious endowment In the first case, there can be no religious instructions whatsoever. In the second and third case, religious instructions can be imparted, but the pupils cannot be compelled to attend such instructions.
In the fourth case, there is no restriction whatsoever, as far as religious instructions are concerned.

Cultural and Educational Rights (Art 29-30)
Article 29
Protection of interests of minorities
o Any section of the citizens, residing in the territory of India or any part thereof, having a distinct language, script or culture of its own, shall have the right to conserve the same.

Article 30
Right of minorities to establish and administer educational institutions.
o All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
o It provides to religious, educational and cultural institutions, the right to own, possess and dispose immovable property.
o The State shall give due compensation in case of acquisition of such property.
o The right to preserve language, culture or script can be implemented through educational institutions.
o Administer means the management of affairs of the institution.
o The State can regulate the working of such institutions.
o The Supreme Court observed that the Right to Administration is not the Right to Maladministration.
o The university can put basic qualifications for the selection of teachers.

o Conscience: absolute inner freedom of the citizen to mould his/her own relation with God in whatever manner he/she likes.
o Profess: to declare freely and openly one's faith and belief.
o Practise: to perform the prescribed religious duties, rites and rituals and to exhibit his religious beliefs.
o Propagate: spread and publicise his/ her religious views for the edification of others. It only indicates persuasion and exposition without any element of coercion.

Right to Constitutional Remedies (Art 32) 
Article 32
o Article 32 provides institutional framework for the enforcement of the Fundamental Rights by the Supreme Court.
o Dr. B.R. Ambedkar called this Article as "The fundamental of the Fundamental Right" and "the heart and soul of the Constitution."
o To enforce the Fundamental Rights, the Supreme Court is empowered, under Art. 32, to issue writs of various forms.
o The concept of issuing writs is taken from the UK.
The five forms of writs are as follows:
1. Habeas corpus - It literally means to have a body' i.e., to be produced before the Court.
o This kind of writ is issued to protect personal liberty of an individual against the arbitrary action of both the State and private individuals.
o The aggrieved person can even claim for compensation against such action.

2. Mandamus - It literally means 'Command'.
o This kind of writ is issued against a public authority or an officer and inferior Courts for purpose of enforcing legal rights only.
o This writ cannot be issued against the President and the Governors.
Private rights cannot be enforced by the writ of the Mandamus.

3. Prohibition - "to restrain ".
This kind of writ is issued by the higher Courts to the lower Courts or the quasi-judicial bodies when the latter exceed their judicial authority.
The objective is to keep the inferior Courts or the quasi-judicial bodies within the limits of their respective jurisdiction.
o The difference between 'Mandamus' and 'Prohibition' is that while the former can be issued against judicial as well as administrative authorities, the latter is issued only against the judicial or quasi-judicial authorities.

4. Certiorari - It is similar to Prohibition.
o This writ is issued to quash the order of a lower Court or the decision of a tribunal in excess of its jurisdiction.
o The purpose of this writ is to secure that the jurisdiction of an inferior Court or tribunal is properly exercised and that it does not usurp the jurisdiction it does not possess.
5. Quo Warranto
o It literally means "what is your authority".
o This kind of writ is issued to ensure that the person holding a public office is qualified to hold the office.

However, there has been a progressive strengthening of the Fundamental Rights as well. Firstly, there have been attempts to make Right to Work a Fundamental Right. Secondly, the Supreme Court has been interpreting the Right to Life as including all basic material facilities and legal access to them like clean environment. Thirdly, the Supreme Court, in the case of capitation fees in April 1993 held that right to primary education is Fundamental Right.
Finally, the Supreme Court has always come to the rescue of the journalists, whose reports have been found to be violative of the privileges of the legislators, and these arrests have been ordered by the legislatures without giving journalists a chance to free and fair trial, as promised by Art. 21.
Child Labour
o The definition of child labour varies, but is usually means work done by children under the age of 15 which limits or damages their physical, mental social or psychological development. Some work does not harm children, and may in fact be beneficial for them. However, when we talk about child labour, we are referring to something intolerable - young people simply denied the right to be children.
o According to the census of India definition, a child worker is one who works for the major part of the day and is below the age of 14 years.
o There is no agreement about the definition of the 'child'. The 1989 UN convention on the 'Rights of the Child' sets the upper age at 18. The International Labour Organisation refers to children as those who are under 15 years.
In India, children above the age of 14 years are old enough to be employed.

How many children work?
o While it is difficult to get an accurate count because much child labour is hidden or denied by those who profit from it, a conservative estimate would indicate 250 million worldwide fall into our definition. Of them, 120 million work full time, at the expense of their education, health and development. The rest are said to be combining their employment with other commitments.

If the kids don't work, won't their families starve?
o First, it is important to remember that children working in pitiable conditions rarely earn a living wage. Indeed, they are often hired because they earn so little. Sometimes they earn nothing at all, because they come as part of the package with their parents.

Child Labour in India
o The 1981 census estimated 13.56m children in the workforce, constituting 7.58 per cent of the total child population below the age of 14 years and about 6 per cent of the total labour force in the country.
o According to an ILO survey in 1995, in India nearly 15 percent of the children are child labourers.
o Child labour makes a very significant contribution in arid and semi arid areas where families have to use maximum resources in traditional rain fed farming system for about 3-4 months during the rainy season. A lot of child labour is used in collection of goods viz., fuel, fodder, minor forest produce etc.
o In the 6-14 age group, the number of children out of school was 75m in 1981, of these 65m were rural girls.
o According to the provisional figures of Census 2001, out of the total child population of 252 million, 12.5 million children in the age group of 5-14 are working. This is slightly higher than the 11.8 million figure mentioned in the 1991 Census.
o Compared to many developing countries, the proportion of working children to the total labor force in India is low. It is 5.2 per cent of the total labor force as compared to 27.3 per cent in Turkey, 20.7 per cent in Thailand, 19.5 per cent in Bangladesh, 18.8 per cent in Brazil, 16.6 per cent in Pakistan, 12.4 per cent in Indonesia, 11.5 per cent in Mexico, 8.2 per cent in Egypt and 6.6 per cent in Argentina.

Classification of Child Labour  
o Professor D.P Choudhury of the University of Wollongong (Economics Department), Australia has classified working children in India into three categories. According to him,
1. The first category comprises of about 6 per cent of child laborers who work for wages full time in activities prohibited under anti-child labor laws.
2. The second category of working children constitutes around 14 per cent of child labourers who also work for wages but in activities not prohibited by law.
3. The majority of 80 per cent working children constitute the third category. They are partly or fully employed in family economic enterprises like farms, household industry and petty trades in which they and their parents work jointly.

Nature of Child Labour
Bonded child labour. Bonded labour is one of the worst forms of labour not only for children but also for adults. In India, bonded labour has been illegal since 1976 when Parliament enacted the Bonded Labour System (Abolition) Act. However, the practice is still widespread. Most of the work carried out by bonded labourers is hard manual labour in the fields or brick kilns. They are, also, mostly the children of parents who belong to scheduled castes and tribes.
o The agricultural sector. In India, about 80 percent of child labourers are employed in agriculture and allied occupations. Child labour often assumes serious proportions in commercial agriculture that is associated with global markets for cocoa, coffee, cotton, rubber, sisal, tea etc.
o Manufacturing. Most hazardous form of child labour in the manufacturing sector of India includes glass industry, match factories, carpet industry and lock industry.
o City street work. There are thousands of children who live and work in the city street of India. The majority of the street children are doing rag picking for their living. Thus, in India children do all kinds of
activities. There is no product that has not been scented by the sweat of a child's labour.

Causes of Child Labour
There are many socio-economic factors, responsible for the increase of child labour in India:
1. Poverty is undoubtedly a dominant factor. Families below the poverty line force their children into work to supplement their household's meager income. Though, children are not well paid, they still serve as major contributors to family income in developing countries. The combination of poverty and the lack of a social security network form the basis of the even harsher type of child labour - bonded child labour. For the poor, there are few sources of bank loans, credit sources etc. Here enters the local moneylender, for an average of two thousand rupees, parents exchange their child's labour to local moneylenders.
2. Schooling problems also contribute to child labour. Many a times children seek employment, simply because there is no access to schools. When there is access, the low quality of the education often makes attendance a waste of time for the students. Schools in many developing areas suffer from problems such as overcrowding, inadequate sanitation and apathetic teachers. A major reason that India has the largest child workforce is that 82 million children are not in school.
3. Big families: In most of the rural areas of India there are large families with limited options of income. These big families promote child labour for their livelihood.
4. Cheap and safe child labour: Due to industrialisation and modern scientific technology, the tendency among the employers is to have quicker and greater profits at low costs. Children are paid very low wages and subject to excessive hours of work. Child labour is not only cheap but safe also.
5. The other factors responsible for increasing the demand of child labour are:
a) Low profitability and productivity of small scale family enterprises that cannot afford adult paid labour and lack of law enforcement
b) Economic and political instability
c) Discrimination and migration
d) Traditional cultural practices
e) Increasing landlessness that has led to dependence on wage and contractual employment
f) Inadequate social protection
g) Children are more pliant and can be moulded easily
h) Children are trouble free and cannot organise agitation, Child labour is, thus, an outcome of economic and social related factors.

Consequences of Child Labour
o Child labour does more than depriving children of their education, mental and physical development. Immature and inexperienced child labourers may be completely unaware of the short and long term risks involved in their work.
o Working for long hours, child labourers are often denied a basic school education, normal social interaction, personal development and emotional support from their family. Besides these problems, children face many physical dangers and death from forced labour.

Government of India and Child Labour
o According to Supreme Court 'Child is the Father of the Man'.
o The government of India set up a committee headed by Shri M. S. Gurapadaswamy in 1979 to inquire into the causes leading to and problems arising out of employment of children and to suggest suitable measures for their protection and welfare. The committee recognised that a distinction had to be drawn between child labour and its exploitation.
o The government formulated the National Policy on child labour and announced the policy in Parliament in August 1987.
o Nine projects were started in areas of high concentration of child labour in hazardous work.
1. Match, fireworks and explosives industry in Sivakasi in Virudhnagar district in Tamil Nadu.
2. Precious stone polishing industry in Jaipur in Rajasthan.
3. Glass and bangles industry in Ferozabad in UP.
4. Brassware industry in Moradabad in UP.
5. Handmade carpet industry in Mirzapur, Varanasi and Bhadoi in UP.
6. Lock-making industry in Aligarh in UP.
7. Tile industry in Jaggampet in AP.
8. Slate industry in Markapur in AP.
9. Slate industry in Mandsaur in MP.
o Subsequently in 1994, National Child Labour Projects (NCLP) were launched in Sambalpur, Thane and Gharwa. A National Authority on Elimination of Child Labour was set up on 26 September 1994 under the chairmanship of the Union Minister of Labour and with representatives of the ten government departments relevant to the area of child labour, namely, Labour, Education, Welfare, Textile, Health, Family Welfare information and Broadcasting, women and child development, Rural Development, Expenditure etc.
o By 1995-96, seventy six NCLPs had been sanctioned including the 12 projects that had been sanctioned earlier. These have opened 1800 special schools under them with about 2500 teachers in which about 1.05 lakh children who had been released from hazardous industries/occupations/ processes have been enrolled. Each school is to run a 3 years cycle. In the 1st two years, functional literacy is to be imparted to bring the children to a level of equivalence with the appropriate level/grade in the formal system of education while the 3ra" year is to be devoted to imparting vocational skill training to the children.

Child Labour Elimination
o There are problems with the obvious solution of abolishing child labour. There is no international agreement defining child labour. Countries not only have different minimum age work restrictions, but also have varying regulations based on the type of labour. 1 his makes the limits of child labour very ambiguous. Until there is a global agreement which can isolate cases of child labour, it will be very hard to abolish.
o Child labour cannot be eliminated by focusing on one determinant, for example education, or by brute enforcement of child labour laws.
Some measures for child labour eradication are:
1. School represents the most important means of drawing children away from the labour market. School provides children with guidance and the opportunity to understand their role in society. Schools must make it worthwhile for children to attend in order to make up for lost earnings. One necessary provision is that these schools be free. Another possibility is that these schools serve food supplements. The quality of education can also be improved so that schooling is considered an important factor in the future success of a child.
4. Provide subsidies to poor families prone to having working children, so that they can afford their children's schooling.
5. Establish partnership of international organisations dedicated to improving children's lives.
6. Social advocacy has a crucial long-term role to play in raising awareness about child labour. Trade unions, media and nongovernmental organisations have an important function to identify and bring to public attention problems of child exploitation.
7. Where intolerable categories of child labour have been identified, plans of action for elimination are needed, through an integrated strategy of prevention, regulation and rehabilitation.
8. Raising awareness in society as a whole about the impact of premature child work and by educating consumers to pay attention to basic labour rights when buying products.
o Since child labour is a complex problem, a broad range of social sectors and issues other than education would also have to be covered under an effective joint strategy. These include health and poverty alleviation. The purpose of devising these additional social intervention strategies is to facilitate a convergence of services not only for the child workers but also for the family, community and for the overall socioeconomic and cultural environment.
o It is an accepted fact that prevention is always better than cure. Therefore, emphasis should be on ensuring basic needs of the child as well as the family and the programs should aim at enhancing the skill and potential capacity of the family.
Human Rights
What are Human Rights?
? Human Rights are the moral claims which are inalienable and inherent to all individuals by virtue of their being humans alone.
History
? Throughout the history, there has been a conflict between the ruling elite and the ruled.
e.g. Magna Carta-England 1215.
? French Declaration of the Rights of Man and of the Citizen-1789.
? American Bill of Rights.
? Since the First World War, League of Nations took some initiative.
? ILO was created in 1919.
? International Slavery Convention was signed inj.926^
? But during 1920s and 30s massive abuse of human life and dignity based on race, religion and nationality were there.
? UNO was established after the World War II.
? Art I of the UN Charter: 'To achieve international co-operation in promoting and encouraging respect for human rights and for fundamental freedom for all without distinction as to race, sex, language or religion.'

Universal Declaration of Human Rights

The General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights on December 10, 1948.
? Art 1: All human beings are born free and equal in dignity and rights.
? Art 2: Everyone is entitled to all the rights and freedoms set forth in this declaration without distinction of any kind such as race, colour, sex, language, religion, nation, property, birth or other status.
? Art 3: Everyone has the right to life, liberty and security of person.
? Art 4: Slavery and slave trade is prohibited.
? Art 5: No one shall be subject to torture.
? Art 7: All are equal before law and are entitled to equal protection of law.
? Art 9: No one shall be subject to arbitrary arrest, detention or exile.
? Art 15: Everyone has the right to a nationality.
? Art 18: Freedom of thought, conscience & religion.
? Art 23: Right to work.
? Art 26: Right to education.

Indian Constitution and Human Rights

? Art 13: Boldly declares that all laws in so far they are inconsistent with the Fundamental Rights, be void, to the extent of inconsistency, and further the State shall not make any law which takes away or abridges these rights and any law made in contravention, shall be void.
? Art 14: Secures equality before the law to all persons.
? Art 15: Prohibits discrimination among the citizens on the ground of religion, race, caste, sex or place of birth.
? Art 16: Ensures equal opportunity to them in the matters of public employment.
? Art 19: Assures freedom of speech and expression, right to assemble peacefully and without arms; to form association and unions; to move freely throughout the territory of India; to reside and settle in any part of the country, trade and business etc.
? Art 21: Guarantees equal protection of the law and prohibits deprivation of life and personal liberty.
? Art 23: Prohibits traffic in human beings and forced labour.
? Art 24: Prohibits child labour.
? Art 25-30: Assures freedom of conscience and right to manage religious institutions; as well as makes provisions for the protection of the minorities and their places of worship and educational institutions.
? Directive Principles of State Policy (DPSP) provides for a lot of social and economic benefits for the citizens to be attained in future.
? In addition to these, there are several laws of a reformative character like the Employees State Insurance Acts, the Dowry (Prohibition) Act, the Bonded Labour (Abolition) Act, the Minimum Wages Act, Workmen Compensation Act, the Protection of Civil Rights Act, the Environmental Protection Act, etc. which try to ensure safety and security against various evils.

National Human Rights Commission

? In keeping with the spirit of human rights movement all over the world, the National Human Rights Commission (NHRC) came into existence in India through an Ordinance promulgated on 28th September 1993 by the President of India.
? However, soon the Ordinance was replaced by a statute called the Protection of Human Rights Act, 1993 which came into force in 1994. This Act provides for setting up the NHRC at the Centre as well as one Commission each at the State level.
? The National Human Rights Commission is designed to protect human rights, defined as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International covenant and which are enforceable by the Courts in India" (Protection of Human Rights Act, 1993).

Composition 
o The NHRC consists of a Chairperson and four members, all of them being full-time members.
o Apart from these full-time members, the Commission also has its deemed members as the Chairpersons of the National Commission for Minorities, the National Commission for the SCs & STs and the National Commission for Women.
o The multi-membership is intended to reinforce the independence and impartiality of the Commission. Of the five members including the Chairperson, three are to possess high level judicial background and the remaining must have knowledge of or practical experience in matters relating to Human Rights.
o The Chairperson must be no less than a former Chief Justice of India.

Functions
o It can intervene in any legal proceedings involving an allegation of violation of Human Rights.
o It can also, visit, with the prior approval of the State Government, any jail to study the living conditions of the inmates and make recommendations.
o It can review the safeguards provided by or under the Constitution or any law for the protection of Human Rights and recommend measures for their effective implementation.
o The Commission also reviews the factors, including acts of terrorism, that inhibit the enjoyment of Human Rights and recommends remedial measures.
o It also undertakes and promotes research in the field of Human Rights.
o Finally, it encourages the NGOs working in the field of Human Rights.

Autonomy of the Commission
o The autonomy of the Commission is derived from the method of appointment of its members, their fixity of tenure, and statutory guarantees.
o The Chairperson and the members of the Commission are appointed by the President on the basis of recommendations of a committee comprising the Prime Minister as the chairperson, the Speaker of the Lok Sabha, the Home Minister, the leaders of the Opposition in the LS and the RS and the Dy. Chairperson of the RS as members.

Working of the Commission
o The Commission has all the powers of a Civil Court.
o It has its own investigating staff for investigation into complaints of Human Rights violations.
o It is open to the Commission to utilise the services of any officer or investigation agency of the Central Government or any State Government.
o The Commission while inquiring into the complaints of violations of human rights may call for the information or report from the Central Government or any State-Government, or any other authority or organisation subordinate thereto within such time as may be specified by it.
The Commission may take any of the following steps upon the completion of an enquiry:
1. Where the enquiry discloses the Commission of violation of Human Rights or negligence in the prevention of violation of Human Rights by a public servant, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other function.
2. Approach the SC or the HC concerned for such directions, orders, or writs as that court may deem necessary.
3. Recommend to the concerned Government or authority for the grant of such immediate interim relief to the victim or the members of his family.
The authority or the State Government or the Some of the Programmes and Human Rights issues taken up by the Commission include:
o Review of the Child Marriage Restraint Act, 1929
o Protocols to the Convention on the Rights of the Child
o Preventing Employment of Children by Government Servants: Amendment of Service Rules
o Abolition of Child Labour
o Guidebook for the Media on Sexual Violence against Children
o Trafficking in Women and Children : Manual for the Judiciary for Gender Sensitization
o Sensitization Program on Prevention of Sex Tourism and Trafficking
o Maternal Anaemia and Human Rights
o Rehabilitation of Destitute Women in Vrindavan
o Combating Sexual Harassment of Women at the Work Place
o Harassment of Women Passengers in Trains
o Abolition of Manual Scavenging
o Dalits issues including atrocities perpetrated on them
o Problems faced by Denotified and Nomadic Tribes
o Rights of the Disabled
o Right to Health . HIV/AIDS
Central Government to whom the Commission recommends for action has to indicate its comments/ action taken on the report/recommendations of the Commission within a period of one month in respect of general complaints and within a period of three months in respect of complaints relating to the Armed Forces.
Directive Principles of State Policy
o Articles 36 to 51 deal with the provisions of the Directive Principles which are contained in Part IV of the Constitution.
o This novel feature of the Constitution has been adopted from the Constitution of the Ireland.
o This concept is the latest development in the Constitutional Governments throughout the world, with the growing acceptance of a 'Welfare State'.
o The Directive Principles of the Constitution of India are a unique blend of Socialism, Gandhism, Western liberalism, and the ideals of the Indian freedom movement.
o They are in the nature of directions or instructions to the State.
o Article 36 clearly directs the State to secure and protect a social order which stands for the welfare of the people.
o Article 37 says that Directive Principles are not justiciable but are fundamental to the Governance of the Country, and the State has the duty in applying the Directive Principles of State Policies (DPSPs).
o If they are not acted upon by the State, no one can move the Courts.
o The reason for making the DPSPs explicitly unjusticiable are that they require resources which the State may not have at present.
o These principles can be classified under the following categories:

The Socialist Principles
o Article 38: To secure a social order for the promotion of welfare of the people. ;
o Article 39: To strive to minimise inequalities of income.
o Article 39 (b): Ownership and control of material resources of the community shall be so distributed so as to subserve the common good.
o Article 39 (d): Equal pay for equal work.
o Article 39(e): Health and strength of workers, and the tender age of children must not be abused.
o Article 39A: Equal justice and free legal aid.
o Article 42: Provision of just and humane conditions for work and maternity relief.
o Article 43 A: Participation of workers in the management of the industries.
The Gandhian Principles
o Article 40: Organization of Village Panchayats.
o Article 46: Promotion of educational and economic interests of the SCs, the STs and the other weaker sections of the society.
o Article 48: Organization of agriculture and animal husbandry on modern and scientific lines to prohibit the slaughter of cows, calves and other milch and draught animals.
o Article 43: To promote cottage industry.
o Article 47: To bring about the prohibition of intoxicating drinks and drugs that are injurious to health.
The Western Liberal Principles
o Article 44: Uniform Civil Code for the citizens.
o Article 45: Provide free and compulsory education for children below 14 years.
o Article 50: Separation of Judiciary from Executive.
o Article 51: To promote international peace and amity.
Implementation of DPSPs
o Since the commencement of the Constitution, there have been a number of legislations to implement the DPSPs.
o In fact, the very first Amendment Act was for implementing land reforms.
o It was followed by the 4th, 17th, 25th, 42nd and 44th Amendment Acts, The 73rd Constitution Amendment Act (1992) is in pursuit of implementing Art. 40.
o There have been several factory legislations to make the conditions of work humane for the workers.
o Promotion of cottage industries has been one of the main aspects of the economic policy of the government and there exists the Khadi and Village Industries Commission for the purpose.
o The government's position as regards the uniform civil code (UCC) is that the matter

Directives in other parts of the Constitution(Except part IV)
Article 350 A: It enjoins every State and every local authority within the State to provide adequate facilities for the instructions in the mother tongue at the primary stage to children of linguistic minority areas.
Article 351: It enjoins the Union to promote the spread of Hindi Language so that it may serve as a medium of expression of all the elements of the composite culture of India.
Article 335: It says that the claims of SC/ST shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with affairs of the Union or of a State.

Relation Between Fundamental Rights and Directive Pinciples:
o The Supreme Court in various cases has evolved a 'Doctrine or Theory of Harmonization'.
o It has further stated that both the Fundamental Rights and the Directive Principles are in fact supplementary to each other and together constitute an integrated scheme.
o It has also held that where this is not possible, the Fundamental Rights shall prevail over the Directive Principles.
o The present position is that only Article 39(b) and Article 39(c) can be given precedence over Article 14, 19 and not all the Directive Principles.
peacekeeping operations of the UN (Somalia in 1992-93; Sierra Leone in 2000); pioneering and leading the Non-Aligned Movement and so on.

Difference between FR & DPSP
o The Fundamental Rights provide the foundation of political democracy in India whereas the Directives spell out the character of social and economic democracy in India.
o Fundamental Rights are in the form of negative obligations of the State i.e. injunctions against the actions of the State. The Directive Principles are, on the contrary, positive obligations of the State towards the citizen.
o Whereas the Fundamental Rights are justiciable, the Directive Principles are nonjusticiable.

Importance of the DPSP
o Article 37 declares Directive Principles as fundamental in the Governance of the Country.
o Since the Government is answerable to the people, the Directive Principles act as a sign post to all succeeding Governments.
o The Directive Principles provide the yardstick for assessing the successes or failures of these Governments.


Uniform Civil Code:
o By uniform civil code, it is meant that all sections of society irrespective of their religion shall be treated equally according to a national civil code, which shall be uniformly applicable to all.
o Civil code covers areas like marriage, divorce, maintenance, inheritance, succession of property and adoption.
o Uniform civil code (UCC) has been provided under Art 44 of the Constitution as a directive principle.
o It will enhance the status of women and therefore, it is vitally desired to achieve the empowerment of women.
o Articles 25 and 26 guarantee right to freedom of religion and UCC is not opposed to secularism or will not violate these articles.
o Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilised society.
o Marriage, succession and like matters are of secular nature and, therefore, law can regulate them.
o The UCC will not and shall not result in interference of one's religious beliefs relating, mainly to maintenance, succession and inheritance. But in matters of inheritance, right to property, maintenance and succession, there will be a common law.
o Article 25 confers right to practice and profess religion, while Article 44 divests religion from social relations and personal law.
o According to Justice R.M. Sahai " Freedom of religion is the core of our culture. But religious practices, violative of human rights and dignity and sacerdotal suffocation of essentially civil and material freedoms are not autonomy but oppression. "

Earlier Supreme Court verdicts Shah Bano case
o In Mohammad Ahmed Khan v. Shah Bano Begum, popularly known as the Shah Bano case, a penurious Muslim woman claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq from him.
o The Supreme Court held that the Muslim woman have a right to get maintenance from her husband under Section 125.
o After this decision, nationwide discussions, meetings, and agitation were held.
o The then Rajiv Gandhi led Government overturned the Shah Bano case decision by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which curtailed the right of a Muslim woman for maintenance under Section 125 of the Code of Criminal Procedure.

Sarla Mudgal case
o The second instance in which the Supreme Court again directed the government of Article 44 was in the case of Sarla Mudgal v. Union of India.
o In this case, the question was whether a Hindu husband, married under the Hindu law, by embracing Islam, can solemnise second marriage.
o The Court held that a Hindu marriage solemnised under the Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act, 1955.
o Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. And, thus, a second marriage solemnised after converting to Islam would be an offence under Section 494 of the Indian Penal Code.

John Vallamatton case
o The priest from Kerala, John Vallamatton filed a writ petition in the year 1997 stating that Section 118 of the Indian Succession Act was discriminatory against the Christians as it impose unreasonable restrictions on their donation of property for religious or charitable purpose by will.
o The Supreme Court struck down this Section in 2003 declaring it to be unconstitutional.
Thus, the apex court has on all these instances directed the government to realise the directive principle enshrined in our Constitution and asked to implement UCC as early as possible.

Previous Years Questions (Mains):
8. a) Discuss the constitutional provisions relating to the non-justiciable directives binding upon
the states. (2002)
7. a) What is the constitutional position of Directive Principles of State Policy? How has it been
interpreted by the judiciary after the emergency in 1975-77? (2001)
4. a) What is the importance of Directive Principles of State Policy? Mention which Directive
Principles of State Policy have got primacy over the Fundamental Rights. (1999)
4. a) Besides the Directives contained in Part IV, there are certain other Directives addressed to the
state in other parts of the Constitution. What are they? (1992)
1. a) Briefly mention why and how the Chapter on Directive Principles gained precedence over the
Chapter on Fundamental Rights in the Indian Constitution. (1987)
Fundamental Duties
o These are included in the Indian Constitution by the 42nd Amendment Act, 1976.
o It is based on the Japanese model.
o 10 duties of the citizens towards the State have been enumerated by inserting Article 51 - A in Part IVA of our Constitution.
o Rights and duties are correlative. These serve as constant reminder to every citizen that, while the Constitution specifically confers on them certain Fundamental Rights, it also requires them to observe certain basic norms of democratic conduct and behaviour.

Fundamental Duties in other countries
o None of the major democracies in the world has Fundamental Duties.
o Only Japan has made some mention of them.
o France has a passing reference only.
o It does not mean that people of these countries behave in an irresponsible manner.
o In all these countries, citizens have a high sense of patriotism as a result of education
o But in socialist countries, there are specific Fundamental Duties.

Enforcement of duties
o The duties incorporated in the Constitution by the 42nd Amendment are statutory duties and shall be enforceable by law.
o Parliament, by law, will provide penalties to be imposed for failure to fulfil those duties and obligations.
o The success of this provision would, however, depend much upon the manner in which and the person against whom these duties would be enforced.

Flag Controversy and the New Flag Code
o The earlier Flag Code, which contained a long string of archaic provisions, made the right of flying the Flag that of a privileged few.
o It was seven years ago that Navin Jindal, the vice-Chairman of Jindal Group, who filed a PIL in the Delhi High Court challenging the restraint on his right to fly the Flag.
o With the Delhi High Court ruling that flying the Tricolour is a Fundamental Right and the Supreme Court subsequently recommending the setting up of a committee to examine the question of liberalising the Flag Code.
o Subsequently, the Government set up a committee, and based on the committee's recommendations, the Union Cabinet has decided to relax the unduly stringent rules about flying the Tricolour.
President of India
Article 52 says that 'There shall be a President of India.
Article 53 says that the executive powers of the Union shall be vested in the President. He is only a nominal executive head.
The constitution lays down the following conditions of the President's office:
a) He should not be a member of either the Parliament or the State legislature,
b) He should not hold any other office of profit,
c) His emoluments, allowances and privileges shall be determined by the Parliament,
d) His emoluments and allowances shall not be diminished during his term of office.
In case, a member of either House of the Parliament or a State Legislature of any State is elected as President, shall be deemed to have vacated his seat in that House on the day he enters his office as the President. The President is entitled, without payment of rent, to use his official residence. The oath of the office of the President is administered by the Chief Justice of India and in his absence, the senior most judge of the Supreme Court available.
The President holds office for a term of five Years. Any resignation addressed to the Vice-President shall forthwith be communicated by him to the Speaker of the Lok Sabha. He can also be removed from the office before completion of his term by i m p each me n t for violation of the Constitution. The impeachment charges can be initiated in either House of the Parliament. The impeachment motion can be introduced only when not less than one-fourth of the total number of members of the originating House have signed the proposal and a 14 days prior notice should be given to the President. After the impeachment motion is passed by a majority not less than two-thirds of the total membership of that House, it moves to the other House which shall investigate the charges.
o The President shall have the right to appear and to be represented at such investigations.
o If the other House also sustains the charges and passes the impeachment motion by a majority of two-thirds of the total membership of that House, then the President stands impeached from his office from the date on which the motion is so passed.
o The impeachment process is quasi-judicial in nature.
o When a vacancy occurs in the office of the President due to his death, resignation or impeachment or otherwise, the Vice-President acts as the President until a new President assumes the office.
o When the Vice-President is acting as the President or discharging the functions of the President, he shall have all the powers and immunities of the President and shall be entitled to such emoluments, allowances and privileges as determined by the Parliament.
o In the normal circumstances election to fill the vacancy caused by expiration of the term of the office of the President shall be completed before the expiration of that term.
o An election to fill the vacancy in the office of the President occurring due to his death, resignation or impeachment or otherwise, shall be held within six months from the date of the occurrence of such a vacancy.

Executive powers of the President
o All the executive actions of the Government of India are formally taken in his name.
o He can make rules specifying the manner in which the orders and the other instruments made and executed in his name shall be authenticated.
o He can make rules for more convenient transaction of business of the Union Government, and for allocation among the Ministers, of the said business.
o He appoints the Prime Minister, and the other Ministers on the advice of the Prime Minister. The Ministers hold the office during, the pleasure of the President.
o He appoints the Attorney-General of India and determines his remuneration. The Attorney-General holds office during the pleasure of the President.
o He appoints the Comptroller and Auditor-General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the Union Public Service Commission, the Governors of the States, the Chairman and the Members of the Finance Commissions, and so on.
o He can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the Prime Minister (Article 78).
o He can require the Prime Minister to submit, for consideration of the Council of Ministers, any matter on which the decision has been taken by a Minister but which has not been considered by the Council.
o He can appoint a Commission to investigate into the conditions of the SCs, the STs, and the OBCs.
o He can appoint the Inter-State Council to promote the Centre-State and the Inter-State coalition.
o He directly administers the Union Territories through either the Lt. Governor or the Commissioner or the Administrator.

Legislative Powers
The President is an integral part of the Parliament of India (Article 79). In this capacity, he enjoys the following legislative powers.
o He can summon or prorogue both the Houses of the Parliament and dissolve the Lok Sabha.
o He can summon a joint sitting of both the Houses of the Parliament, which is presided over by the Speaker of the Lok Sabha.
o He can address both the Houses of the Parliament at the commencement of the first session after each general election and the first session of each year.
o He can send messages to both the Houses of the Parliament, whether with respect to a bill pending in the Parliament or otherwise.
o He can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both, the Speaker and the Deputy Speaker fall vacant simultaneously.
o He can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both, the Chairman and the Deputy Chairman fall vacant simultaneously.
o He nominates 12 members to the Rajya Sabha from amongst the persons having special knowledge or practical experience in respect of Literature, Science, Arts and Social Services.
o He can nominate 2 members to the Lok Sabha from the Anglo-Indian Community.
o He decides on questions as to the qualifications of the members of the Parliament, in consultation with the Election Commission.
o His prior recommendation or permission is needed to introduce certain types of bills in the Parliament. For example, (i) a bill involving expenditure from the Consolidated Fund of India, and (ii) a bill for the alteration of boundaries of the States or creation of a new State.
o When a bill is sent to the President after it has been passed by the Parliament, he can:
a) Give his assent to the bill, or
b) Withhold his assent to the bill, or
c) Return the bill (if it is not Attorney Bill or a Constitutional Amendment Bill 1) for reconsideration of the Parliament.

o However, if the bill is again passed by the Parliament, with or without amendments, the President has to give his assent to the bill.
o The President has the option of veto with respect to the bills passed by the Parliament.
o The veto power enjoyed by the President of India is a combination of absolute, suspensive and pocket vetos.
o When a bill passed by a State legislature is reserved by the Governor for consideration of the President, the President can
a) Give his assent to the Bill, or
b) Withhold his assent to the Bill, or
c) Direct the Governor to return the Bill (if it is not a Money Bill) for reconsideration of the State Legislature.
Note: It is not obligatory for the President to give his assent even if the Bill is again passed by the State legislature and sent again to him for his consideration. Thus, the President enjoys absolute veto over State Bills.
o He can promulgate ordinances when both the Houses of the Parliament are not in session (Article 123). These ordinances must be approved by the Parliament within the six weeks of its reassembly. He can also withdraw an ordinance any time.
o The ordinance can be effective, for a maximum period of 6 months and 6 weeks (not 7V2jnonths) in case of non-approval by the Parliament. (This is a hypothetical possibility where we assume Parliament did not meet for 6 months.)
o He lays the reports of the Comptroller and Auditor-General, the Union Public Service Commission, the Finance Commission, and others, before the Parliament.
Emergency Powers
National Emergency
o On the grounds of security threat to India by war, external aggression or armed rebellion.

Emergency
a) He can give directions to any State with regard to the manner in which the States' Executive Powers are to be exercised.
b) He can modify the pattern of the distribution of financial resources between the Union and the States.
c) He can extend the normal tenure of the Lok Sabha by one year at a time.
d) He can suspend the Fundamental Rights of citizens except (i) the Right to protection in respect of conviction for offences (Art 20) and (ii) the Right to life and personal liberty (Art 21).
Article 19 can only be suspended in case of external emergency and not in the case of internal emergency (armed rebellion).
o The Parliament can make laws on items mentioned jn the State list during the period of National Emergency.
o Such laws are valid upto a maximum period of six months after the expiry of the Emergency.
State Emergency
o The President's rule is also known as the Constitutional Emergency or the State Emergency.
o It can be proclaimed by the President on the failure of the Constitutional machinery in the State (Article 356), or failure to comply with or to give effect to the directions given by the Union (Article 365).
o The President's rule can be imposed when the President is satisfied, on the basis of either a report of the State Governor or otherwise, that the Governance of the State cannot be carried on in accordance with the provisions of the Constitution.
o The proclamation of the President's rule should be approved by the Parliament within two months. If approved, it remains in force for six months from the date of proclamation of the State Emergency.
o It can be extended for a maximum period of three years with the approval of the Parliament every six months.
o However, beyond the first year, it can be extended by six months at a time only when the following two conditions are fulfilled:
i) A proclamation of National Emergency should be in operation in the entire country, or in the whole or any part of the concerned State; and
ii) The Election Commission must certify that the general elections to the concerned State Legislative Assembly cannot be held on account of difficulties.
o When the President's rule is imposed in a State, the President can assign to himself all or any of the functions of the State Government and all or any of the powers vested in the Governor or any body or authority in the State.
o He can declare that the powers of the State Legislature shall be exercisable by or under the authority of the Parliament.
o He can authorize, when the Lok Sabha is not in session, expenditure from the Consolidated Fund of the State, pending the sanction of such expenditure by the Parliament.
o He can promulgate ordinances for the administration of the State when the Houses of the Parliament are not in session.
o The State Governor, on behalf of the President, carries on the State administration with the help of the advisors appointed by the President or the Chief Secretary of the State.
o The President cannot interfere with the jurisdiction of the concerned State High Court.
o The Constitutional status, position, powers and functions of the concerned State High Court are not affected by such a proclamation.
o The President's rule has been imposed more than 100 times.
o The President's rule has been imposed around 50 times during the period of Mrs. Indira Gandhi.

Financial Emergency
o The President can proclaim Financial Emergency if he is satisfied that the financial stability or credit of India or any part thereof is threatened.
o Such a proclamation must be approved by the Parliament within two months.
o When a Financial Emergency is proclaimed, the President can give directions to the States to_observe the canons of financial propriety.
o He can issue directions for the reduction of salaries and allowances of all or any class of persons serving under the State.
o He ensures that all Money Bills and other Financial Bills passed by the State Legislatures be reserved for his consideration.
o He can issue directions for the reduction of salaries and allowances of all or any class of the persons serving in connection with the affairs of the Union, including the judges of the Supreme Court and the High Courts.
o Financial Emergency has not been declared so far.

Financial Powers
o Money bill can be introduced in the Parliament only with his prior recommendation.
o He causes to be laid before the Parliament the Annual Financial Statement (i.e. Union Budget) under Article 112.
o No Demand for a grant can be made except on his recommendation.
o He can make advances out of the Contingency Fund of India to meet any unforeseen expenditure.
o He constitutes a Finance Commission after every five years to recommend the distribution of the taxes between the Centre and the States.

Diplomatic Powers
o The international treaties and agreements are negotiated and concluded on behalf of the President.
o They are subject to the approval of the Parliament.
o He sends and receives Diplomats like Ambassadors, High Commissioners, and so on.

Military Powers
o He is the Supreme Commander of the Defence Forces of India.
o He appoints the Chiefs of the Army, the Navy and the Air Force.
o He can declare war or conclude peace subject to the approval of the Parliament.

Judicial Powers
o He appoints the Chief Justice and the judges of the Supreme Court and Zonal High Courts.
o He can seek advice from the Supreme Court on any question of law or fact (Article 143).
o The advice rendered by the Supreme Court is not binding on the President.
o He can grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute the sentence of any person convicted of any offence:

a) In all the cases where the punishment or sentence is by a court martial;
b) In all the cases where the punishment or the sentence is for an offence against any law relating to matter to which the executive power of the Union extends; and
c) In all the cases where the sentence is a sentence of death.

Constitutional position of the President
o The President has been made only a nominal executive; the real executive is the Council of Ministers headed by the Prime Minister.
o The President has to exercise his powers and functions with the aid and advice of the Council of Ministers headed by the Prime Minister (Article 74).
o The 42nd Constitutional Amendment Act of 1976 has made the President bound by the advice of the Council of Ministers headed by the Prime Minister (Article 78).
Council of Ministers
o Article 74(1) provides that "There shall be a Council of Ministers with the Prime Minister as its head to aid and advice the President who shall, in exercise of his functions act in accordance with such advice."
o Article 75(1), "the Prime Minister shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Prime Minister."
o The Council of Ministers is formed as soon as the Prime Minister is sworn in.
o The number of the Ministers in the Council has been fixed in the Constitution, where the number has been provisioned not to exceed 15% of the number of the MPs in the Lower House.
o The Prime Minister has the right to refer to the President, the removal of dissident minister(s) because technically the ministers are responsible individually to the President.
o The Council of Ministers consists of three categories of ministers - Ministers of Cabinet rank, State Ministers and Deputy Ministers. Cabinet Ministers are the senior most Ministers to head a department with portfolio.
o They constitute the Cabinet and have the right to attend all the Cabinet meetings convened by the Prime Minister.
o The word 'Cabinet Ministers' has been incorporated into the Constitution through the 44th Amendment Act in Article 352.
o The Cabinet is the smaller body of the Council of Ministers.
o Ministers of State are lower in rank to Cabinet Ministers and normally assist the latter.
o Ministers of State are paid the same salary as the Cabinet Ministers, usually they are not given independent charge of a ministry but the Prime Minister has the prerogative to allot an independent charge if he desires so.
o They cannot attend the Cabinet meetings normally but can be invited to attend them.
o The Deputy Minister cannot hold independent charge and always assist the Cabinet or State Minister or both.
o They never attend the Cabinet meetings.
o They are paid lesser salary than the Cabinet rank ministers.
o The Cabinet is the supreme policy making body.
o The Cabinet is an extra Constitutional growth based upon convention.
Note: All Council of Ministers are not the members of the Cabinet.
o A Minister can be a member of either House of the Parliament, but he is liable to vote in the House to which he belongs.
o A person not belonging to any House can be appointed as a Minister but he has to get elected to either House within a period of six months, [Art75 (5)].
o Non-member cannot be re-appointed without being elected.
o According to article 75 (2), Ministers hold office during the pleasure of the President.

Prime Minister
o In the Scheme of the Parliamentary system of Government provided by the Constitution, the President is the nominal executive (de-jure) authority and the Prime Minister is the real executive authority (de-facto).
o The President is the Head of the State while the Prime Minister is the Head of the Government.
o Dr. B.R. Ambedkar stated: "If any functionary under our Constitution is to be compared with the U.S. President, he is the Prime Minister and not the President of India."
o He is the leader of the party in power.
o He is Political Head of the Services.
o He is the crisis manager-in-chief at the political level during emergency.
o He is the Chief Spokesman of the Union Government.
o He plays a significant role in shaping the foreign policy of the Country.
o As a leader of the Nation, he meets various sections of people in different States and receives memoranda from them regarding their problems.
o He is the ex-officio Chairman of the Planning Commission, National Development Council, ' National Integration Council and Inter-state Council.
o The Prime Minister plays a very significant and highly crucial role in the politico-administrative system of the Country.

Powers and functions
In relation to the Council of Ministers:
o He recommends the persons who can be appointed as the Ministers by the President i.e., the President can appoint only those persons as the Ministers who are recommended by the Prime Minister.
o He allocates and reshuffles various portfolios among the Ministers.
o He can ask a Minister to resign or advice the President to dismiss him in case of difference of opinion.
o He presides over the meetings of the Council of Ministers and influences its decisions.
o He guides, directs, controls, and coordinates the activities of all the Ministers.
o He can bring about the collapse of the Council of Ministers by resigning from the office any time.
o He can call the meeting of the Cabinet any time.
o He is the Keystone of the Cabinet arch.
o The position of the Prime Minister in the Council of Ministers is described as Primus Inter Pares i.e. first among equals.
o The so called life and death of the ruling party is the Prime Minister.
o He summons and decides the agenda of the Cabinet meetings. Even the venue of such meetings is decided by the Prime Minister.
o He has right to call for any file from any ministry. This right is basically in pursuance of his role as a coordinator of various ministries.

In relation to the President
o He advises the President with regard to the appointment of important officials like-the Attorney-General of India, the Comptroller and Auditor General of India, the Chairman and the members of the UPSC, the Election Commissioner^ the Chairman and the Members of the Finance Commission, and so on.

o An advisory body to the President and its advice is binding on him.
o The chief crisis manager and deals with all emergency situations.
o Deals with all major legislative and financial matters.
o Deals with all foreign policies and foreign affairs.
o Exercises control over higher appointments like the Constitutional authorities and senior Secretariat administrators.

Cabinet Committees
The Cabinet works through various committees.
o They are extra-constitutional in emergence. The Rules of Business provide for their establishment.
o They are of two types, standing and ad hoc. The former are of a permanent nature while the latter are of a temporary nature.
o The ad hoc committees are constituted from time to time to deal with special problems. They are disbanded after their task is completed.
o They are set up by the Prime Minister according^ to the exigencies of the time and the requirements of the situation.
o Their number, nomenclature and composition varies from time to time.
o Their membership varies from three to eight.
o They are mostly headed by the Prime Minister. Sometimes, other Cabinet Ministers particularly the Home Minister or the Finance Minister also act as their Chairman. But, in case the Prime Minister is the member of the committee, he invariably presides over it.
o They are an organizational device to reduce the enormous workload of the Cabinet. They also facilitate in-depth examination of policy issues and effective coordination. They are based on the principle of division of labour and effective delegation. There are four more important Committees -Political Affairs Committee, Economic Affairs Committee, Appointments Committee and Parliamentary Affairs Committee. First three are chaired by Prime Minister and last one by the Home Minister. Of all the Cabinet committees, the most powerful is the Political Affairs Committee, often described as a "Super-Cabinet".

Attorney-General of India
Article 76 states that the President shall appoint a person who is qualified to be appointed as a Judge of the Supreme Court to be the Attorney-General of India. He is the first legal officer of the Government of India.
It is convention that, after the change of the Government, the Attorney-General resigns and the new Government appoints one of its own choice.
He advises the Government of lndia on any legal matter. He performs any legal duties assigned by the President of India. He discharges any functions conferred on him by the Constitution or the President. In the performance of his duties, the Attorney-General shall have right of audience in all Courts in the territory of lndia. He shall neither advise nor hold a brief against the Government of India in cases in which he is called upon to advise the Government of India. Nor should he defend accused persons for criminal prosecutions without the permission of the Government of India.
He is prohibited to take appointment as a Director in any company. The Attorney-General represents the Union and the States before the Courts but is also allowed to take up private practice provided, the other party is not the State. He is not paid a salary, but a retainer that is determined by the President.
Although he is not a member of the either House of the Parliament, he enjoys the right to attend and speak in the parliamentary deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to vote. He is entitled to all the privileges and immunities as a Member of the Parliament. The retainer of the Attorney-General is equal to the salary, of a Judge of the Supreme Court. He is assisted by two Solicitors-General and four assistant Solicitors-General. The Attorney-General holds office during the pleasure of the President, and receives remuneration as the President may determine.
Comptroller and Auditor General
o Provisions regarding the Comptroller and Auditor General (CAG are given under Articles 148-151.
o He is appointed by the President for a full term of 6 years or 65 years of age whichever is earlier.

Duties of CAG
o To audit the accounts of the Union and the States and submit the report to the President or the Governor, as the case may be.
o To ensure that all the expenditures from the Consolidated Fund of India or States are in accordance with the Law.
o To oversee that the money sanctioned by the Parliament or the State Legislature is being spent for the particular purpose for which it has been issued.
o Also, to audit and report on the receipts and expenditure of the:-
i) Government companies
ii) All bodies and authorities 'substantiallyfinanced from the Union or the State revenues; and-
iii) Other corporations or bodies when so required by the Laws relating to such corporations or bodies.
Since the enactment of the Comptroller and) Auditor General (Duties and Power) Act, 1976, he ceases to prepare the accounts of the Union and the States, but he continues to audit the accounts of the Union, the States and the Public Sector undertakings under these Governments. The report of the CAG relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause it to be laid before the Legislature of the State. This report is immediately referred to the Public Accounts Committee of the Parliament which, after a detailed study prepares another report which is placed before the Parliament. The discussion in the Parliament takes place on the secondary report of the Public Accounts Committee.
The CAG is an officer of the Parliament and he is called Ears and Eyes of the Public Accounts Committee.
The CAG has no control over the issue of money from the Consolidated Fund of India or of any State.
The CAG is concerned only at the stage of audit after the expenditure has already taken place.
 The Parliament
Article 79: Constitution of the Parliament
o There shall be a Parliament for the Union which shall consist of the President and the
two Houses to be known respectively as the Council of States (the Rajya Sabha) and the House of the People (the Lok Sabha),
o Though the President is not a member of either House of the Parliament, yet like the British crown, he is an integral part of the Parliament and performs certain functions relating to its proceedings.

Functions of the Parliament
o The most important function of the Parliament is to legislate i.e. make legislations for the development which benefits the society.
o The second most important function is to exercise control over the Executive.
o The Parliament provides the Council of Ministers as the Ministers are the Members of the Parliament.
o It has financial control over the Executive. The Parliament is the sole authority to raise taxes.
o It provides an opportunity to deliberate on various policies and measures before their implementation. Thus, the Parliament is also an authoritative source of information, collected and disseminated through the debates and through the specific medium of 'Questions' to the Ministers.
The Rajya Sabha or the Council of States
o The Rajya Sabha consists of two categories of members-elected and nominated-who
are members for a period of six years. They are indirectly elected by the members of the State legislatures.
The election is scheduled in such a way that one-third of its members retire every two years.
The Rajya Sabha represents the federal character of the Constitution in the Parliament.

Article 80: The Council of States shall consist of-
a) twelve members to be nominated by the President in accordance with the provisions and
b) Not more than two hundred and thirty-eight representatives of the States and of the Union Territories.
(only Union Territories of Delhi and Pondicherry have representation in the Rajya Sabha).
At present, the strength of the Rajya Sabha is 245, of which 233 are elected and 12 are nominated.

Criteria for nomination
The members to be nominated by the President are persons having special knowledge or practical experience in respect of such matters as the following: Literature, Science, Arts and Social Service.

Federal Features of the Rajya Sabha
o Under Art. 249. the Council of States or the Rajya Sabha is empowered to declare by a
o The members of the Rajya Sabha participate in the election of the President. For the impeachment of the President, a resolution to this effect must have the approval of not less than two-third members of the Rajya Sabha separately.
o In cases of declaration of emergencies under Article 352 and Article 356 by the President (who, in fact, proclaims them on the advice of the Council of Ministers), such declarations must be approved by the Rajya Sabha within a period of one month and two months respectively after such declarations.
Qualifications for the Membership of Rajya Sabha
Following are the qualifications needed to be elected to the Rajya Sabha:
o the person must be a citizen of India;
o the person must not be below the age of 30 years;
o he must be an ordinary citizen registered voter in the State or Union Territory from where he is intended to be chosen.
o he should not hold any office of profit.

Utility of the Rajya Sabha
It is said that in a Federal Constitution the second chamber is a necessity. It plays an important role in the matters of legislation and therefore it should be retained. The Rajya Sabha is desirable because it fulfils the following purposes: 1. It is considered useful because the senior politicians and the easy access to it without undergoing the ordeal of contesting general elections. So, the experience and the talent are not lost to the country and their services are utilised.
2. The Rajya Sabha acts as a revising House over the Lok Sabha which, being a popular House may be tempted to act rather hastily keeping in view the public opinion.
3. The Rajya Sabha is a House where the States are represented, keeping with the federal principles.

Officers of the Rajya Sabha
o Chairman: The Vice-President of India is the ex-officio chairman of the Rajya Sabha. He presides oyer the proceedings of Jhe Rajya Sabha as long as he does not act as the President of India during a vacancy in the office of the President.
o Deputy Chairman: The Deputy Chairman is elected by the Rajya Sabha from amongst its members. In the absence of the Chairman, Deputy Chairman presides over the functions and proceedings of the House.

The Lok Sabha or the Lower House
The Lok Sabha is the popular House of the Parliament because its members are directly elected by the citizens of India. All the members of the Parliament are popularly elected, except not more than two members of the Anglo-Indian community, who are nominated by the President. This is basically due to the fact that they are not concentrated in a particular constituency and hence the Anglo-Indian community, in the opinion of the President, is not adequately represented in the Lok Sabha. In the Constitution, the strength of the Lok Sabha was provisioned to be not more than 552-530 from the States, 20 from the Union Territories and 2 nominated from the Anglo-Indian community. But the Constitution empowers the Lok Sabha to readjust the strength.

Tenure of the Lok Sabha
o The normal tenure of the Lok Sabha is five years. But the House can be dissolved by the President before the end of the normal tenure.
o The life of the Lok Sabha can be extended by the Parliament beyond the five-year term during the period of time of emergency, proclaimed under Art. 352. But this extension is for a period of not more than one year at a time (no limit on the number of times in the Constitution).
o However, such extension shall remain in force for not more than six months after the emergency has been revoked.
o The original Constitution, under Art.83 envisaged the normal tenure of the Lok Sabha to be 5
years. However, Parliament by 42nd Amendment extended it to six years, but the 44th Amendment Act again fixed the original normal tenure of five years.

Qualifications for the membership of the Lok Sabha
To become a member of the Lok Sabha, the person must
o be a citizen of India.
o be not less than 25 years of age.
o be a registered voter in any of the Parliamentary constituencies in India.
o should not hold any office of profit

Vacation of Seats
Provisions for vacation of the seats in the Parliament are enumerated in Art, 101, These are:
o No person shall be a member of both the Houses of the Parliament. If a person is chosen for both the Houses, he/she shall have to vacate membership of either House.
o If a member of the house is disqualified under Art. 102(1) and (2).
o If a member resigns in writing addressed to the Chairman (the Council of States) or the Speaker (the House of People) as the case may be, and if his resignation is accepted by the Chairman or the Speaker, as the case may be.
o If a member of either House absents himself from the House without its permission for a period of more than sixty days, the House may declare his seat vacant.

The Speaker and the Deputy Speaker of the Lok Sabha
o The Speaker is the Chief Presiding Officer of the Lok Sabha.
o The two officers are elected from amongst the Members of the Lok Sabha after a new Lok Sabha is constituted.
o The Speaker presides over the meetings of the House and his rulings on the proceedings °f the House are final.
o He has the responsibility to uphold the dignity and the privileges of the House.
o In the absence of the Speaker, the Deputy Speaker performs the Speaker's duties.
o The Speaker continues to hold office even after the Lok Sabha is dissolved till the newly I elected Lok Sabha is constituted.
o The Speaker and the Deputy Speaker may be removed from their offices by a resolution passed by the House with an effective majority of the House after a prior notice of 14 days to them.
o The Speaker, to maintain impartiality of his office, votes only in the case of a tie i.e to remove a deadlock arising from equality of votes.

Penalty for sitting and voting when not qualified
o If a person sits or votes as a member of either House of the Parliament before he has complied with the requirements of Art. 99 (Oath), or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.

Prerogatives of the Parliament
The Members of Parliament enjoy certain prerogatives and privileges, not enjoyed by other citizens. The intention behind this is to enable them to discharge their functions efficiently and fearlessly. These are enjoyed in two forms"
1. Individually. These are the prerogatives enjoyed by the Parliamentarians in an individual capacity.
2. Collectively. There are certain privileges, which the members of the Parliament enjoy as a collective body.
o right to publish or not to publish the Parliamentary proceedings including the right to punish individuals for publishing such reports.
o right to exclude civilians from the House.
o right to regulate the internal affairs of the House.
o right to decide about its business.
o right to punish for the contempt of the House.
o right to punish Members and the outsiders for breach of its privileges.

Categories and Passage of the Bills
The most important function of the Parliament is making laws. The legislative procedure is initiated in the form of a Bill.
o A Bill is a proposed legislation. It becomes a law when it is assented to by the President.
o These Bills are classified as- Ordinary, Financial, Money and the Constitutional Amendment Bills. The Bills are of two types-the Government Bills and the Private Member's Bills. Money, Financial and an Ordinary Bill under Art. 3 are essentially the Government Bills because these can only be introduced on the recommendation of the President. Other Bills can be introduced by private Members also (any Member other than a Minister is a private Member). The procedure for the passage of both types of Bills is the same.
Bills & Committees  
Ordinary Bills
o All the Bills other than Financial Bills. Money Bills and the Constitutional Amendment Bills are Ordinary Bills.
o Such Bills can be introduced in either House of the Parliament (in Lok Sabha or the Rajya Sabha) without the recommendation of the President, except those Bills under Article 3 (i.e. Bills related to reorganisation of the territory of a State).
These Bills are~p7assed by a simple majority by both the Houses. Both the Houses enjoy equal jurisdiction over such Bills and in case of a deadlock due to any reason, the tie is re solved by a joint sitting. The President has the right to return such Bills for reconsideration to the Parliament once.
Each House has laid down a procedure for the passage of a Bill. According to the procedure of the House, a Bill has to pass through three stages commonly known as Readings.
First Reading: The Bill is introduced in the House. At this stage, no discussion takes place.
Second Reading: This is the consideration stage when the Bill is discussed clause by clause.
Third Reading: During this stage, a brief general discussion of the Bill takes place and the Bill is finally passed. When the Bill is passed by one House, it is sent to the other House for its consideration.

Money Bills
Money Bill is defined in Art. 110 of the Constitution. As per the Article, any Bill dealing with all or any of the matters enumerated from (a) to (g) of the same Article shall be a Money Bill. These are:
a. imposition, abolition, remission, alteration or regulation of any tax.
b. regulation of the borrowings of money or giving of guarantee by the Government of India.
c. Custody of the Consolidated or Contingency Fund of India, payment into or withdrawal of money from any such fund.
d. Appropriation of money out of the Consolidated Fund of India (CFI).
e. Declaring any expenditure as 'Charged' on the CFI.
f. Receipt or issue of money from the CFI and audit of the accounts of the Union or the States.
g. Any matter incidental to any of the matter specified in the sub-clauses (a) to (f).
o If there arises any question over the validity of the Money Bill, the decision of the Speaker of the Lok Sabha is final. The Speaker duly certifies the Bill as Money Bill because this Bill passes through special procedures (Art. 109)7"
o A Money Bill can only originate in the Lok Sabha after the recommendation of the President.
o After being passed by the Lok Sabha, the Money Bill passes on to the Rajya Sabha which has four options:
a) Pass the Bill in the original form;
b) Reject the Bill;
c) Take no action for 14 days;
d) Send the Bill with suggestive amendments to the Lok Sabha.

If the case is either (b) or (c), the Bill shall be automatically deemed to have been passed by the Rajya Sabha. In case of (d), the Lok Sabha has sole authority to accept or reject one or all of the recommendation(s) and in this case also the Bill shall be deemed as passed with or without recommendations.
o There is no provision for a joint-sitting of the Parliament to pass a Money Bills
o After the Money Bill is passed by the Lok Sabha and the Rajya Sabha, it is presented to the President who unlike in the case of other Bills, has no right to withhold it (Art. 111).
o The 'Appropriation Bill' and the 'Annual Financial Bill' are Money Bills.

Financial Bills
Any Bill dealing with revenue or expenditure, but not certifies as MoneyBill by the Speakers as Financial Bill. These Financial Bills are of two classes-
a) A Bill containing any of the matters specified in Art. 110, but not exclusively dealing with those matters. For example, a Bill containing taxation clause, but not solely dealing with taxation. This is called the Financial Bill of First Class.
b) An Ordinary Bill contains provisions involving expenditure from the Consolidated Fund of India. This is called the Financial Bill of Second Class.
As regards the procedure for its passage, a Financial Bill is as good as an Ordinary Bill except that a Financial Bill cannot be
Introduced without the President's
recommendation, and it can only be introduced in the Lok Sabha. Thus a Financial Bill is passed according to the ordinary procedure provided for passing of an Ordinary Bill.

Constitutional Amendment Bills
o Art. 368 deals with the power of the Parliament to amend the Constitution, and the procedure thereof.
o A Bill for this can be introduced in either House (the Lok Sabha or the Rajya Sabha) of the Parliament and there is no need of the
The Budget
o According to Article 112, the President shall in respect of every financial year, cause to be laid before both the Houses of the Parliament, an annual financial statement commonly known as the Budget.
o This statement gives out the estimated income and expenditure for that year.
The estimated expenditure is shown separately under two heads-
a) the sums charged upon the Consolidated Fund of India and
b) the sums required to meet other expenditure out of the Consolidated Fund of India.

o The Budget provides an opportunity to review and explain financial and economic policies and programs of the Government.
o After introduction of the Budget, the Lok Sabha discusses the proposed expenditures (Demands for Grants) of various Ministries and Departments, and approve it one by one.
o All the expenditures approved through various Demands for Grants and expenses charged on the Consolidated Fund of India are then presented in the form of a single Bill called the 'Appropriation Bill'.
o The proposal for taxation to raise revenue are separately presented in the form of a 'Financial Bill'. Both these Bills are Money Bills and are passed accordingly.

Parliamentary Control over Financial System
o In financial matters, the Parliament has effective control over the Executive.
o The Annual Budget is presented to the Parliament and is passed by it.
o The Appropriation and the Financial Bills are also passed by the Parliament.
o Unless the Appropriation Bill is passed, no money can be withdrawn by the Government from the Consolidated Fund of India.
o It also exercises control over financial matters through the Public Accounts Committee and the Estimates Committee.
o The Public Accounts Committee considers the Appropriation accounts.
o It also considers the report of the Comptroller and Auditor General. The report is submitted to the House.
o The Estimates Committee examines such estimates (presented to the Lok Sabha) Of the Budget as may seem fit to the Committee,, suggests economy in the expenditure and other steps for increasing efficiency, finds out whether the money is well laid out and also suggests the form in which the estimates should be presented to the Parliament.

Parliamentary Committees
o The Legislature has to perform complex and enormous quantity of work.
o Due to the paucity of time in the Legislature, the initial work is mostly done by the Committees, appointed or elected for specific purposes.
o These Committees essentially belong to the Lok Sabha and function under the Speaker to whom they submit their reports.
o These Parliamentary Committees are classified as- the Standing Committees and the Ad-hoc Committees. While the former are permanent in nature, the latter are constituted for specific purposes and they cease to exist after completion of the specific work.
o Most important Committees, with their strength in brackets, are as follows: Business and Advisory Committee (15), Estimates Committee (30), Committee on Public Accounts (22), Committee on Petitions (15), Committee on the Welfare of the Schedule Castes and Scheduled Tribes (30).
o Members of the Rajya Sabha are also given representation, usually about one-third, except in the Estimates Committee.
o Members of the Committees are generally elected or nominated for a term of not more than one year. As far as possible, all the parties in the Parliament are represented in these Committees in proportion to then strength in the Parliament so that they become a microcosm of the whole House of the Parliament.
o The Chairperson of all the Committees of Parliament are appointed by the Speaker, except that of the Joint Committee on Salaries and Allowances of the Members of the Parliament, who is elected by the Committee itself.
o Wherever the Speaker is a member of a Committee he is the ex-officio Chairman of that (those) Committee(s).
o The Chairman of the Committee on Public Accounts is appointed by the Speaker from amongst the Members of the Lok Sabha. and is generally an Opposition member.
Details of Some of The Important Committees
1. Committee on Estimates. This Committee consists of 30 members wholly derived from the Lok Sabha. All the parties in the Parliament are given proportionate representation in this Committee. The Chairman is appointed by the Speaker from amongst its members. A Minister is not liable to be elected to the Committee and if its member is appointed a Minister, he ceases to be a member of the Committee. The term of the office is for not more than one year.
The functions of the Committee are:
o to report on the efficiency of the policy underlying the estimates;
o to examine whether the money is well laid out whosoever the policy implied in the estimates;
o to suggest the form in which the estimates are to be presented in the Parliament.
The Committee works well within the limits of the policy approved by the Parliament, but it may suggest a change if it thinks so.
2. Committee on Public Accounts. The twenty- two member Committee is elected through a single transferable vote, 15 from the Lok Sabha and 7 from the Rajya Sabha. Externally, the Committee belongs to the Lok Sabha and its Chairman appointed by the Speaker and is from the Lok Sabha. A Minister is not eligible for election to the Committee and when its member is given the portfolio of a Ministry, he ceases to be a member of that Committee. The term of the office, is one year. The functions of the Committee include:
a. to examine the accounts showing the appropriation granted by the Parliament to meet the expenditure of the Government of India.
b. to examine the Annual Finance Accounts of the government of India and other accounts laid before the House.
c. to examine the reports of the Comptroller and Auditor General (CAG) of India on revenue receipts.
3. Committee on Public Undertakings. This Committee consists of 15 members of the Lok Sabha and 7 associated members of the Rajya Sabha, elected by means of a single transferable vote in both the Houses. The Chairman of the Committee is appointed from amongst the members of the Lok Sabha by the Speaker. A Minister is not eligible to be elected as a member of the Committee. The functions of the Committee are-
a. to examine the reports and the Accounts of the undertakings specified in the Fourth Schedule of the Rules of Procedure and Conduct of Business of the Lok Sabha and also the report of the CAG, if any.
b. to examine the efficiency and autonomy of the Public Undertakings.
c. to examine other specific subjects or matters referred to it by the House or the Speaker.
Committee on Welfare of the Scheduled Castes and Scheduled Tribes.
This Committee consists of 20 members from the Lok Sabha and 10 members from the Rajya Sabha. The members are elected by means of a single transferable vote through the principle of proportional representation. The Chairman is' one of the members of the Committee and is appointed by the Speaker. A Minister is not eligible to become member of the Committee.
The functions include:
a. To consider the reports submitted by the Commissioner for the Schedule Castes and the Scheduled Tribes.
b. To examine the representation of the Scheduled Castes and the Scheduled Tribes in services of the Central Government Departments, Central Public Undertakings, Nationalised Banks, and so on.
c. To review, the working of the welfare programs of the Central Government for the Scheduled Castes and the Scheduled Tribes and to examine such other matters referred to it by the House or the Speaker. May examine implementation of the welfare programme for the SCs and  the STs, provided the funds for this, made available partly or wholly by the Central Government.
Executive Functions
Types of Motions :
a) Censure Motion. This motion, seeking disapproval of the policy of the ruling Government, can be introduced in the Lok Sabha only by the Opposition parties under the Rule 184 of the Rules and Procedures of the Lok Sabha. If a Censure motion is passed in the House, the Council of Ministers is bound to seek the confidence of the Lok Sabha as early as possible. Further, if a Money Bill or the Vote of Thanks to the President is defeated, this also amounts to the censure of the Government policy and the Government needs to seek the confidence of the Lok Sabha.

b) No-confidence Motion. This is introduced only in the Lok Sabha by the Opposition party. When such a motion is admitted in the House, the Members of Parliament have the right to discuss any acts of commission or omission on the part of the Government on any policy
matter for which substantial time is allotted. When admitted in the House, it takes precedence over all other pending business of the House. After the adoption of a no- confidence motion in the Lok Sabha, the Council of Ministers is obliged to resign.

c) Confidence Motion. The provision of Confidence Motion is not found under the Rules and Procedures of the Parliament but has come in vogue, under the Indian Parliamentary practice, with the emergence of the coalition Governments. The first incident of this was in February, 1979, when the then Charan Singh Government was asked by the President to seek the confidence of the Lok Sabha. It is similar to the 'No-Confidence Motion' in all respects, except that it is introduced by the Government itself to prove that it commands the approval of the House. Thus, if a Confidence motion is defeated, the Council of Ministers is obliged to resign. Examples of this are the fall of the V.P Singh Government in 1990 and of the Deve Gowda Government in 1997.
d) Cut Motions. These are a part of the budgetary process which seek to reduce the amount of grants. These are moved in the Lok Sabha only. They are classified into 3 categories:
i. Policy Cut. A policy cut motion implies that, the mover disapproves of the policy
underlying the demand. Its form of expression is "that the amount of the demand be reduced by Re 1".
ii. Economy Cut. This means reduction in the amount of the expenditure. It clearly states the amount to be reduced and its form of expression is "that the amount of the demand be reduced by Rs... (a specified amount)."
iii. Token Cut. It is introduced where the object of the motion is to ventilate a specific grievance within the sphere of the responsibility of the Government of India.
Its form of expression is "that the amount of the demand be reduced by Rupees 100".
Questions in Parliament Questions Hour: The Question Hour is of 60 minute duration. It is fixed every day from 11:00 -12:00hrs to allow the Members of Parliament to ask questions from the Government. Sometimes questions may be directed to the private members with respect to the Bills or motions for which the concerned member is responsible.
Every day, the sitting of Parliament begins with the Question Hour. The questions are of there kinds:
i) Starred questions
ii) Unstarred questions
iii) Short-notice questions
Starred Questions: If a member of either House desires an oral answer to his question, such questions are termed as starred questions. The starred questions are distinguished by putting on a star mark along with the question. The starred questions allow a member to ask supplementary questions, if the answer is not found satisfactory.
Unstarred Questions: These are questions whose answers are given in writing. These questions do not have star mark and hence called unstarred questions. Their answer is supplied in the written form, which is laid on the floor of the House on the prescribed day. The supplementary questions are, not allowed in unstarred questions. 
Short notice Questions:
a. For asking a question in Parliament, a notice has to be' given before not less than 10 days. If there is an urgency that a member cannot wait for 10 days, he may resort to short notice question. Thus, a short notice question is one which relates to a matter of urgent public importance and can be asked with a notice shorter than 10 days required in the case of an ordinary question. If the Chair of the House is satisfied that the said question requires an immediate answer, the concerned minister shall be asked whether he is in a position to answer the question or not. If the minister agrees to answer the question he informs the date on which he is ready with the answer.
b. The short-notice questions are taken up immediately after the starred questions are answered. It should be noted that the answer to a short-notice question is given on a date suggested by the concerned minister.
c. If a minister express his inability to answer a question in short-notice, but the chair considers the question to be of urgent public importance, he may order that such question may be included as the first question in the list of questions to be answered on a particular day. However, only one question on a day can be included in the list of questions by special order.
d. If two or more members ask short-notice questions on the same subject, the question shall be marked in the name of the member who has given the first notice to ask such a question.
e. Various questions related to a particular subject matter may be grouped together as a single question which can be answerd by the minister as such.
f. The procedure to be followed with respect to other aspects of a short-notice question shall be the same as prescribed for the starred questions.
Parliamentary Control over The Executive
The channels of the Parliamentary control over the Executive are the following:
o The Executive, that is the Council of Ministers, holds office only as long as it enjoys the confidence of the Parliament and especially of the Lok Sabha. If the Lok Sabha passes a no-confidence, motion successfully, the Council of Ministers is bound to resign.
o In the case of the formal Head of the Executive, the President, the Parliament is given the power to impeach .the President if he violates the Constitution.
o If a B ill moved by a member of the Council of Ministers is defeated in the Parliament it is tantamount to loss of majority in the Parliament and the Council of Ministers is bound to resign.
o If a cut motion is moved for the budgetary proposals successfully in the Parliament, the Council of Ministers should resign.
o The control of the Parliament is also exercised through motions like the adjournment motions; short notice questions; call attention motions; censure motions; questions (starred and unstarred questions, the former to be answered by the Minister concerned, orally), and so on.

Anti-Defection Law
o The Parliament in 1985, by the 52nd Constitutional Amendment, sought to check this tendency.
o The Act is negatively worded and provides for the disqualification of a Legislator.
o According to the Act, following are the grounds for the disqualification of a Legislator:

1. If a legislator voluntarily resigns from the political party on whose ticket he/she was elected.
2. If a Legislator votes against the whip issued by the President of the political party to which he/she belongs, or abstains from voting contrary to any direction issued by his/her parent party, without obtaining prior permission of the political party, and if such voting or abstention is not condoned by the party within 15 days of the occurrence of the voting. The Supreme Court in a judgement in 1992 restricted the scope of whip only in the cases of the Confidence and. the No-Confidence Motions, Money Bills and Vote of Thanks to the President's Address. This means that a Legislator has the right to vote against the whip in other cases because according to the Supreme Court, a Legislator has a right to political dissent.
3. If an independent member joins any political party.
4. If a nominated Member of the legislature joins a political party after 6 months of his nomination. This means, if he/she does the same before this specified period, he shall not be disqualified.
5. If, in this case of a split in the party, the splinter group has members less than the one-third of the parent party.
6. If, in the case of a merger, the same is not endorsed by the two-third members of the party, which wants to merge itself.

o However, the officers of the Union and the State Legislatures- the Speaker or the Deputy Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the Speaker and the Deputy Speaker of the Vidhan Sabha and the Chairman of the Vidhan Parishad-shall not be disqualified under the Act, if they rejoin their political party (parties) after they cease to hold such offices.
o Also according to the Act, any decision regarding the defection issue shall be made by the Chairman or the Speaker as the case may be, such decision shall be the final.
o The Court shall have no right to inquire into this, the Supreme Court in a decision by the Constitutional Bench in November, 1991, upheld that such a clause takes away its exclusive right of 'Judicial Review' which is.a 'Basic structure' of the Constitution. Thus, the decision of the Chairman oTthe Speaker as the case may be, is final, subject to Judicial Review of the Court.
Causes of failure:
o There is no justification for a nominated member joining a political party within six months.
o The law does not clearly say in what manner the principle of l/3rd for split or of 2/3rd in case of merger shall operate. The loops and holes remain in the Act and hence what cannot be done by a large group can be done after the split.
o The law does not define whether the defection is a one time affair or a continuous one.
o The law does not cover an event when a political party deliberately dismisses some of its members of the Legislature to deny them the split of the political party under this Act.
o The Speaker has the sole right to decide on this and hence political coloring of the issue is possible.