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IAS OUR DREAM
NATURE OF THE CONSTITUTION Different Sources Of The Indian Constitution Preamble The Union and Its Territory Constitutional Amendments Official Language and Schedules of the Constitution Citizenship and Fundamental Rights Directive Principles of State Policy Fundamental Duties THE UNION EXECUTIVE
The President Vice President Prime Minister And Council Of Ministers Attorney General Of India The Comptroller And Auditor General Of India
Rajya Sabha Lok Sabha The Budget
THE STATE EXECUTIVE
The Governor Chief Minister Council Of Minister Advocate – General
Legislative Assembly Legislative Council Legislative Procedure
INDIAN FEDERALISM AND CENTER STATE RELATIONS
Federal Features Non – Federal Feature Centre – State Relations Finance Commission Co- Operative Federalism Inter -State Council Zonal Councils
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UNION TERRITORIES AND JAMMU AND KASHMIR
Administration Special Status of Jammu and Kashmir.
THE SUPREME COURT
Appointment Qualifications Of Judges Tenure And Salary SeatIndependence Of Supreme Court Judges Jurisdiction Of The Supreme Court Supreme Court And Judicial Review
THE HIGH COURT
Appointment of Judges. Qualifications Term Independence Of The Judges Transfer Of A Judge From One High Court To AnotherJurisdiction Of The High Court’s
ELECTORAL SYSTEM LOCAL GOVERNMENT – PANCHAYATS
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NATURE OF THE CONSTITUTION
The evolution of constitutional development in India as an independent and sovereign republic has its immediate historical roots during the British rule. The constitutional development is inevitably linked with our national freedom movement. From 1858 onwards various Acts were made by the British Government for the governance of India. The most important of these Acts being Act of 1909, 1919, and 1935. None of them satisfied Indian aspirations. The demand for a constitution for the country being “framed by its own people without outside interference” was first made by the Indian National Congress in 1935 and repeated several times between 1935 and 1939. The demand was, however, resisted by the British Government until the outbreak of the World War II when external circumstances forced them to realize the urgency of solving the Indian constitutional problem. The demand for the Constituent Assembly was accepted by the British Government for the first time in March 1942, when Sir Stafford Cripps brought to India His Majesty’s Government’s proposals for reforms. The Cripps proposals were rejected but they had one redeeming feature, namely that the right of Indians to frame their own constitution through a Constituent Assembly was accepted. It was under the Cabinet Mission Plan of 1946 that the Constituent Assembly was constituted to frame a Constitution for India. The Constituent Assembly which had been elected for undivided India held its first sitting on 9th December, 1946 and reassembled on 14th August 1947 as the sovereign Constituent Assembly for the Dominion of India. As a result of the Partition under the Mountbatten Plan of 3 June 1947 a separate Constituent Assembly was set up for Pakistan. The Constituent Assembly of India elected Dr. Rajendra Prasad as its Chairman. On 29 August 1947 the Constituent Assembly appointed a Drafting Committee under the Chairmanship of Dr. Ambedkar. The Constitution was finally adopted on November 26 1949 and came into force on January 26, 1950. The Constitution of India is the lengthiest and the most comprehensive of all the written constitutions in the world. After about 92 Amendments it now consists of 444 Articles divided into 24 parts and 12 Schedules.
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DIFFERENT SOURCES OF THE INDIAN CONSTITUTION
The architects of the Indian constitution went through all the then existing major constitution of the world before drafting their own and, as Dr Ambedkar observed , they tried to accommodate the best possible and time-tested features of each of them to the requirement of the country . Therefore the constitution of India is often described as ‘a bag of borrowings’ as it freely drew from the constitutions of various other countries and the Gov of India Act, 1935. But probably the largest influence was exercised on them by the Gov of India Act, 1935.
Gov of India Act , 1935 Britain Constitution of USA Constitution of Canada Constitution of Ireland Weimer Constitution of Germany Constitution of Australia Constitution of South Africa
The Federal; scheme, office of governor, power of federal judiciary, emergency powers, Public service commissions Law making procedures, rule of law, provision for single citizenship, Parliamentary system of government, office of CAG, parliamentary privileges Independence of judiciary, Judicial review, fundamental rights, removal of Supreme court and High court judges , Preamble and functions of vice president Federation with strong centre, to provide residuary powers with the centre advisory jurisdiction of supreme Court Directive Principles of State Policy, method of Presidential elections and the nomination of members to Rajya Sabha by the President Provision concerning the suspension of Fundamental Rights during emergency
Idea of Concurrent list Amendment with 2/3rd majority in Parliament and election of the members of Rajya Sabha on the basis of proportional representation
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in fact amended the Preamble and added three new words viz. Can the Preamble be amended? For sometime an opinion prevailed that the Preamble to the Constitution was not a part of the Constitution. Secular and Integrity.. The Preamble indicates that the Constitution derives its power from the people and the source of all authority under the Constitution emanates from the people of India. However. The Preamble serves as an introduction to the Constitution and shows the general purpose for which the Constituent Assembly made the several provisions in the Constitution.PREAMBLE Every Constitution has a philosophy of its own. CONTENTS | IAS OUR DREAM 5 . Our Constitution also has a philosophy which is enshrined in the Preamble to the Constitution. to the Preamble. the Supreme Court in the Kesavananda Bharti case in 1973 overruled its earlier decision and held that the Preamble is a part of the Constitution and is subject to the amending powers of the Parliament as any other provisions of the Constitution. provided the basic structure of the Constitution is not destroyed. On this basis it was argued that since it is not a part of the Constitution. Socialist. the Parliament cannot amend the Preamble by virtue of its amending powers. The Constitution (42 Amendment) Act 1976.
Viz. While the ‘Union’ includes only the states which enjoy the status of being members of the federal system and share a distribution of power with the Union . 6 CONTENTS | IAS OUR DREAM . the term ‘territory of India’ includes the entire territory over which the sovereignty of India. The expression ‘Union of India’ should be distinguished from the expression ‘Territory of India’. A Bill giving effect to any or all the changes stated above can be introduced in either House of the Parliament. boundaries or names of existing States. shall refer the Bill to the State Legislature concerned for its opinion. The Bill is passed with a simple majority. the Parliament has to follow certain procedures in this regard. only on the recommendation of the President. (1) Union Territories and (2) such other territories as may be acquired by India. for the time being extends. Under Article 3. the Constitution empowers the Parliament to form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State. The Constitution further states that Parliament has the power to increase or diminish the area of any State or to alter the boundaries or names of any State. then the President. Formation of new States and alteration of areas. Article 2 provides that Parliament may by law admit new States into the Union of India or establish new states on such terms and conditions as it deems fit. The names of the States and Union Territories are specified in the First Schedule to the Constitution. If such a Bill affects the boundary or name of a State. However.THE UNION AND ITS TERRITORY Article 1 of the Constitution describes India as a Union of States. fixing a time limit within which an opinion must be expressed by the State Legislature. before introducing it in the Parliament.
1966. The Andhra State Act. The Acquired Territories (Merger) Act. 3. Punjab and West Bengal. 1956. The Assam (Alternation of Boundaries) Act. New State of Himachal Pradesh comprising exiting Union Territory of Himachal Pradesh was established by State of Himachal Pradesh Act. c. It established the new State of Kerala and merged the former States of Madhya Bharat. all the States have been put under one class. Tripura. Saurashtra. Uttaranchal came into existence by Uttar Pradesh Re-organisation Act. f. The State of Jharkhand was established by Bihar Re-organisation Act. Article 371 F for Sikkim. Kutch and Vindhya Pradesh in other adjoining States. comprising the Northern districts of Kumoan and Gharhwal hills of Uttar Pradesh. created Nagaland as a separate State. k. Article 371 A for Nagaland . which formed the new State of Andhra by separating some territory from the State of Madras. The State Re-organisation Act. 1970. Article 371 D for Andhra Pradesh. i. 1971. 1951. 2000 on 15 Nov. Parliament has enacted over 20 Acts. 1986. 1962. There is no distinction between the Statuses inters se. An area designed as Scheduled and Tribal Areas under the provisions of V and VI is excluded from the operation of the general provisions of Part VI as applicable to all States except Jammu & Kashmir. The State of Nagaland Act. Article 371 C for Manipur. g. But the Seventh constitution Amendment act. B. Later Mizoram and Arunachal Pradesh achieved statehood by State of Mizoram Act. merged certain Territories acquired from Pakistan into the States of Assam. Article 371 G for Mizoram. By exercising its power under Article 3. h. l. New States of Manipur. b. 1987 which incorporated Goa as a separate State of the Union. 2000. e. Cochin. which divided Punjab into Punjab and Haryana. Chhattisgarh was formed as a result of Madhya Pradesh Re-organisation Act. 1986 and State of Arunachal Pradesh Act. d. 1960. divided the State of Bombay to establish the two States of Gujarat and Maharashtra. j. 2000 on 8 Nov. Meghalaya and Union Territories of Mizoram and Arunachal Pradesh were established by North Eastern Areas (Re. 2. Coorg. 1. reorganized the boundaries of different States. Article 371 has some special provisions for the States of Maharashtra and Gujarat.The original constitution in an ad hoc arrangement had divided the component units of India into A. Ajmer. 2000. Article 371 B for Assam . which altered the boundaries of the State of Assam consequent on cession of a strip of territory comprised in that State to the Government of Bhutan. These provisions override the general provisions applicable to the states as a whole. Article 371 H for Arunachal Pradesh and Article 371 I for Goa. By the virtue of Art. 1960. 1956. 2000 by comprising eighteen southern districts of Chotta Nagpur and Santhal Paragana areas of Bihar. Bhopal. New State of Sikkim was established by the Constitution (36th Amendment ) Act. CONTENTS | IAS OUR DREAM 7 . Some of them are: a. 1975. 370 the state of Jammu and Kashmir has a special status in that it has its own constitution and as such the provision of the constitution pertaining the States ( Part VI) does not apply to it . Travancore. The state of Goa Act. but there are certain special provisions. The Punjab Re-organisation Act. The Bombay Re-organisation Act. Pepsu.organisation) Act. 2000which came into being on November 1. C and D categories. m. th n. 1953.
High courts. creation or abolition of upper chambers in the state legislatures etc. and (c) thereafter ratified by the legislature of not less than one half of the states by resolutions to that effect passed by those legislatures before the bill was presented to the President for assent.Reorganization of states (3) Twenty-fourth . 1976 . A Bill for the purpose of amendment of the Constitution could be initiated in either house of Parliament and not in any state legislature. The Constitution lays down three different procedures for the amendment of various provisions of the Constitution.It restored to the Supreme Court and High Courts the jurisdiction and powers they enjoyed before the 42nd amendment was passed. 1956 . It deleted the right to property from CONTENTS | IAS OUR DREAM 8 . (1) Certain provisions of the Constitution can be amended by the Parliament by simple majority.e. i. 1974 .(a) the words ‘secular’ and ‘socialist’ were added to the preamble and a new chapter on ‘fundamental duties’ was added in the Constitution (b) Parliament’s power to amend all provisions of the Constitution was placed beyond judicial review (c) The primacy of Directive Principles of state policy over Fundamental Rights was ensured (d) it made it obligatory for the President to act on the advice of the Council of Ministers. 1971 .thirds of the members of that house present and voting.CONSTITUTIONAL AMENDMENTS Article 368 deals with amendment procedure of the Constitution. amendment procedure etc. (2) Seventh. (a) a majority of total membership of each house and (b) by a majority of not less than two. this way.thirds of the members of that House present and voting . powers of the Union and state executive.Abolition of privy purses and privileges (5) Thirty–Fifth. These include provisions relating to the creation of new states.Parliament got the right to amend the Fundamental Rights (4) Twenty-Sixth. Important Amendments (1) Fourth Amendment 1955 .Integration of Sikkim as a fully fledged state of the Indian union (6) Forty –Second. (2) The provisions that effect federal structure could be amended only if they are passed in each House (a) by a majority of the total membership of that House and (b) by a majority of not less than two.(e) it curtailed the powers of the High Courts and the Supreme Court with regard to the issue of writs and judicial review (7) Forty Fourth. (3) But a major portion of the Constitution can be amended by the special majority. reconstitution of existing states.Regarding compensation in right to property the word adequate was deleted. 1978 . include election of the President. Provisions that can be amended. Union judiciary. 1971 .
1985 . (10) Seventy-fourth.provided a constitutional guarantee to the formation of Panchayats at village and other levels. 1992 . CONTENTS | IAS OUR DREAM 9 . 1992 .Added a new part to the constitution relating to urban local bodies.the list of Fundamental Rights. (8) Fifty Second.Political defection was sought to be curbed (9) Seventy Third.
Marathi. 10 CONTENTS | IAS OUR DREAM . Kashmiri. Sanskrit. Punjabi. But. Hindi. Telugu and Urdu. Manipuri.OFFICIAL LANGUAGE AND SCHEDULES OF THE CONSTITUTION Under Article 343. Konkani. Parliament has enacted the Official Languages Act. for a period of fifteen years from the commencement of the Constitution.Assamese. Bengali. 1963 for this purpose. Malayalam. Nepali. Sindhi. Hindi in Devanagari script was accepted as the official language of the Union. Besides Hindi. the English language was allowed to be used for all the official purposes of the Union. Gujarat. Oriya. our Constitution also recognizes other languages and the need for their development. Kannada. Tamil. The 18 languages of India are listed in the Eighth Schedule and are the following . Even thereafter Parliament could by law provide for the use of English for any specified purposes.
11 . – Important provisions regarding disqualifications on grounds of defection – this lists 29 subjects on which the Panchayats have been given administrative control – this contains 18 subjects on which the Municipalities have been given administrative control • CONTENTS | IAS OUR DREAM • • . Rajya Sabha – State Legislative Assemblies or Councils – Emoluments of the judges of the Supreme Court and High Court consist of five parts –– Provision of CAG of India • • • • • • Schedule Three Schedule Four Schedule Five and Six Schedule Seven Schedule Eight Schedule Nine Schedule Ten Schedule Eleven Schedule Twelve – Forms of oaths of affirmations – Allotment of seats in the Rajya Sabha to States and Union Territories – Provisions relating to administration of Scheduled areas and Tribal areas – Union List.SCHEDULES OF THE CONSTITUTION The Constitution contains 12 Schedules which provide details about the various aspects of the Constitution. • • Schedule One Schedule Two Part A Part B Part C Part D Part E – Territories of the 25 States and 7 Union Territories of India – It Emoluments to the President of India and the Governors of the States – omitted by Constitution (Seventh Amendment Act 1956) – Contains provisions about the Speaker /Deputy Speaker or Chairman/ Vice Chairman of the Lok Sabha. State List and Concurrent List – 18 languages – Contains certain acts and regulations dealing with land reforms and abolition of zamindari system which are protected from judicial scrutiny.
It provided that persons born in India (a) on or after 26 January 1950 but prior to 26 November 1986. A person can acquire citizenship of India in five ways: (1) Citizenship by (2) Citizenship by (3) Citizenship by (4) Citizenship by (5) Citizenship by birth descent registration naturalization incorporation of territory Loss of Indian Citizenship (1) Renunciation (2) Termination (3) Deprivation Amendment of Citizenship Act In 1986 the Citizenship Act was amended and acquisition of citizenship by persons coming to India as refugees from Bangladesh. shall be citizens of India by birth only if either of their parents is a citizen of India at the time of his birth. According to the Constitution the following three categories of persons are entitled to citizenship: (1) persons domiciled in India (2) refugees who migrated to India from Pakistan (3) Indians living in other countries. These are contained in Part III of the Constitution. These rights are justifiable and can be enforced through 12 CONTENTS | IAS OUR DREAM . There is no separate citizenship of states. Acquisition and Termination of Citizenship Rules regarding acquisition and termination of Indian citizenship have been laid down in the Citizenship Act of 1955. Sri Lanka and other countries was made difficult. 1986. (b) on or after the commencement of the Amending Act. FUNDAMENTAL RIGHTS The Constitution guarantees elaborate Fundamental Rights to Indian citizens. These rights are vital for the development of a citizen and promote his dignity and welfare. It increased the period for acquisition of citizenship through registration from 6 months to 5 years.CITIZENSHIP AND FUNDAMENTAL RIGHTS CITIZENSHIP The Constitution provides for single citizenship.
Classification of Fundamental Rights Originally the Constitution classified the Fundamental Rights into seven categories but with the elimination of right to property from the list of Fundamental Rights by the 44th Amendment in 1979.(including the Government) to do or not to do something. whereas a writ of prohibition is issued to prevent an inferior court or tribunal to go ahead with the trial of a case in which it has assumed excess of jurisdiction. CONTENTS | IAS OUR DREAM . 13 . (1) habeas corpus (2) mandamus (3) prohibition (4) certiorari and (5) quo warranto. The only difference between the two is.A writ of certiorari has much in common with a writ of prohibition. (3) Prohibition. (1) Right to Equality-Articles 14 to 18 (2) Right to particular freedoms-Articles 19 to22 (3) Right against exploitation –Articles 23-24 (4) Right to freedom of religion-Articles 25 –28 (5) Cultural and Educational Rights-Articles 29-30 (6) Right to Constitutional Remedies-Articles 32-35 The Writs There are five kinds of writs.A writ of prohibition is issued by a superior court to an inferior court or tribunal to prevent it from exceeding its jurisdiction and to compel it to keep within the limits of its jurisdiction. (2) Mandamus literally means command. (1) Habeas corpus means “to have the body. The Constitution allows the Parliament to impose limitations on the Fundamental Rights. a writ of certiorari is issued to quash the order passed by an inferior court or tribunal in excess of jurisdiction. in the nature of public duty.courts. there are now six categories of rights. (5) Quo Warranto . “ It is in the nature of an order calling upon a person who has unlawfully detained another person to produce the latter before the court.The words quo warranto means “what is your authority”? A writ of quo warranto is issued against the holder of a public office to show to the court under what authority he holds the office. It is thus an order of a superior court commanding a person holding a public office or a public authority. (4) Certiorari .
the 42nd constitutional amendment was passed which declared in unambiguous terms that the Parliament had unlimited power of amending the Constitution. Can Fundamental Rights be amended The Golak Nath case is a landmark in the constitutional history of India. The President can suspend other Fundamental Rights through specific orders. But by the 24th Amendment Act 1971. 14 CONTENTS | IAS OUR DREAM . In this decision the Supreme Court took away the power of Parliament to amend the Fundamental Rights.Suspension of Fundamental Rights When the President makes a proclamation of emergency under Article 352 the freedoms guaranteed under Article 19 are automatically suspended. So far as the contravention of the Fundamental Rights is concerned this power is specially enjoined upon the courts by the Constitution. However. in Article 13. 13 and 368 to make it clear that the Parliament has the power to amend any part of the Constitution including Fundamental Rights and the word ‘law’ as used in Article 13 does not include a Constitutional Amendment Act. This Amendment prohibits the suspension of Articles 20 and21 even during a national emergency. In the Kesavananda Bharti Case the Supreme Court ruled that Parliament could amend any and every part of the Constitution including Fundamental Rights but it could not destroy the basic structure of the Constitution. but these orders must be approved by the Parliament. an important change has been introduced by the 44th Amendment Act 1978. Judicial Review and the Fundamental Rights Judicial Review is the power of courts (Supreme Court and the High Court’s) to declare a law unconstitutional and void if it is inconsistent with any of the provisions of the Constitution to the extent of its inconsistency. the Parliament amended Art. To make the Fundamental Rights easily amendable.
DIRECTIVE PRINCIPLES OF STATE POLICY The Directive Principles of State Policy which embody the ambitions and aspirations of the makers of the Constitution are contained in Part 4 of the Constitution. These principles are not enforceable through courts and are merely directives which the government has to keep in mind while framing a policy. there are three types of Directive Principles (1) Economic or Socialist. (2) Gandhian Principles.These are the embodiment of the Gandhian programme for reconstruction.these principles are based on liberal thinking of freedom in every walk of life. Difference Between Fundamental Rights and Directive Principles (1) The Fundamental Rights constitute limitations upon State action. They aim at providing the social and economic basis for a genuine democracy. Broadly speaking. (3) Liberal Principles. the latter must get precedence. 15 CONTENTS | IAS OUR DREAM .these principles aim at providing social and economic justice and ushering in a welfare state. This novel feature of the Constitution has been borrowed from the Constitution of Ireland. the Directive Principles are in the nature of instruments of instruction to the government to do certain things to achieve certain goals (2) The Directive Principles are not enforceable in the courts and do not create any justifiable rights in favour of the individual whereas Fundamental Rights are justifiable (3) Directive Principles are inferior to Fundamental Rights because in case of conflict between the two.
To abide by constitution and respect its ideals and institutions. The National Flag and the National Anthem. 11. The Indian Constitution has borrowed the concept of Fundamental Duties from the Constitution of socialist countries (knowledgably from erstwhile USSR) The eleven duties as are under: 1. This Article was inserted into the Constitution by the 42nd Amendment Act 1976. or as the case may be . 3. 2. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious . To protect and improve the natural environment including forests. These duties are statutory duties and are enforceable by law. lakes. humanism . To strive towards excellence in all spheres of on individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement. To value and preserve the rich heritage of our composite culture. To uphold and protect the sovereignty. Violation of the duties can be met with punishment. 51A Part 4-A of the Constitution. 10. CONTENTS | IAS OUR DREAM 16 . to reconcile practices derogatory to the dignity if women. 6. 7.linguistic and regional or sectional diversities . To safeguard public property and to reject violence. and the spirit of inquiry and reform. 5.FUNDAMENTAL DUTIES The Fundamental Duties are eleven in number and are contained in Art. rivers and wild life and to have compassion for living creatures. To cherish and follow the noble ideals which inspired our national struggle for freedom. Who is parent or guardian to provide opportunities for education to his child. To defend the country and render national service when called upon to do so. unity and integrity of India. 8. 4. To develop scientific temper. between the age of six and fourteen years. 9. Japan is only democratic country in the world which provides for the set of Fundamental Duties in its constitution.
10. The Constitution under Art. On retirement the President is entitled to a pension of Rs. The election is held through the system of proportional representation by means of a single transferable vote. In addition to this.President and Council of Ministers to aid and advice the President and the Attorney General. The President receives a salary of Rs. state government or local authority (4) must possess qualifications required for membership of the Lok Sabha ELECTION The President is indirectly elected through an electoral college consisting of the elected members of both the houses of the Parliament and elected members of all the State Legislative Assemblies. The Union Executive The Union Executive consists of the President. THE PRESIDENT The President is the executive head of the State. 20. 17 .000 per month. He is the first citizen of India and occupies the first position under the warrant of precedence. 53 vests the executive power of the Union in the President who shall exercise the powers either directly or through officers subordinate to him.THE UNION EXECUTIVE There are two levels of executives in India – at the Union level and the State levels A.000 per month. CONTENTS | IAS OUR DREAM TERMS AND EMOLUMENTS The President holds office for a term of five years from the date on which he enters the office. QUALIFICATIONS A candidate for the office of the President (1) must be a citizen of India (2) should have completed 35 years of age (3) must not hold any office of profit under Government of India. Vice. He is eligible for re-election but generally the President does not hold office for more than two terms. he is entitled to other allowances and privileges including free official residence.
He has the power to declare war and peace. Delivering inaugural address and sending message to the Parliament.General (4) The Comptroller and Auditor–General (5) the Judges of the Supreme Court and High Courts (6) the Governor of a state (7) the Finance Commission (8) the Chief Election Commissioner and other members of the Election Commission (9) A special officer for the Scheduled Castes and Tribes. 4. the President is removed from his office. Giving prior permission of introducing certain kinds of bills in Parliament. POWERS OF THE PRESIDENT The powers of the President can be discussed under the following heads: Administrative Powers Military Powers Legislative Powers -The president is the Supreme Commander of the Armed Forces. VACANCY In case the office falls vacant due to the death. the Chief Justice of India acts as President. if a resolution is passed in that House by not less than two-thirds of its total membership substantiating the charge.The President is an integral part of the Parliament. 3. He can be impeached only for the violation of the Constitution and this power is vested in the Parliament. and (b) the resolution is passed by a majority of not less than two-thirds of the total membership of the same house.absolute as well as suspensive.IMPEACHMENT The President can be removed from office before expiry of his term through impeachment. resignation or removal of the incumbent. 1.All the executive functions of the Union are carried on in the name of the President. . Making nominations of 12 members to the Rajya Sabha and of 2 to the Lok Sabha. The other House then investigates into the matter and. Summoning and proroguing Parliament and dissolving Lok Sabha.money bills --. Impeachment proceedings can be initiated by either house of the Parliament. in order that a charge is preferred by a house it is necessary that: (a) a resolution containing the proposal of the charge of violation is moved after a 14-day notice in writing signed by not less than one fourth of the total membership of the House levying the charge.President acts as President. 18 CONTENTS | IAS OUR DREAM . 5. the Vice. Exercising veto powers over non. In case the Vice –President is also not available to discharge the duties of the office of the President . But his military powers are subject to the regulation of law . The President has the power to appoint (1) the Prime Minister (2) other ministers of the Union (3) the Attorney. However. 2.
He can grant pardon.6.(a) emergency due to external aggression or internal revolt (Art. All international treaties and agreements are concluded on behalf of the President. Parliamentary form of government therefore is that in it the head of the State is the constitutional or formal head and the real executive powers are vested in the Council of Ministers headed by the Prime minister responsible to the lower house (Lok Sabha). . 7. Causing presentations to the Parliament reports and recommendations of various Commissions 8. (2) Keeping control over Contingency Fund of India.President represents the country in international -fora. However. The Head of the government is the Prime Minister. Though the executive powers are vested in the President. 356) and (c) Emergency arising from threat to the financial stability or credit of the country (Art 360). . the advice if the Council of Ministers is constitutionally binding on the resident. Promulgating an ordinance. Earlier there was no provision in the Constitution which made the advice of the council of ministers obligatory on the President. after the 42nd Amendment Act 1976. 19 . CONTENTS | IAS OUR DREAM VICE PRESIDENT The Vice President is elected by the members of the two houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote. (3).The President appoints the Chief Justice and Judges of the Supreme Court and State High courts. He sends ambassadors to foreign countries and receives their diplomats.The Constitution vests extraordinary powers in the President to deal with three types of emergencies --. reprieve. Under such a system the President is the head of the State but not the head of the government. Judicial Powers Emergency Powers Diplomatic Powers POSITION OF THE PRESIDENT The Indian Constitution envisages a parliamentary form of government. Financial Powers -(1) All money bills can originate in the Parliament only on the recommendation of the President. respite or remission of punishment or commute the sentence of any person punished under the union law.352) (b) emergency arising out of failure of constitutional machinery in the state (Art. The President enjoys legal immunity and is not answerable to any court of law for anything done in the exercise of his official duties. Causing presentation of Budget in the Parliament. Making appointment of Finance Commission. (4). . Exercising absolute veto power over State legislation. he is constitutionally obliged to exercise his executive powers with the aid and assistance of the council of ministers.
EMOLUMENTS When the Vice President acts as or discharges the functions of the President he gets the emoluments of the President. 20 . the real executive authority of the Union is exercised by the Prime Minister and his Council of Ministers. The office of the Prime Minister has been created by the Constitution.President is the ex-officio chairman of the Rajya Sabha and presides over its meetings. He discharges the functions of the office of the President in case the office falls vacant on account of the death. TERM . His office may terminate earlier than the fixed term either by resignation or by removal. He may be removed by a resolution of the Rajya Sabha passed by a majority of its members and agreed to by the Lok Sabha. India has adopted a cabinet system of government.The Prime Minister theoretically holds office during the pleasure of the President.QUALIFICATIONS A candidate for the office of the post of Vice President must (1) be a citizen of India (2) be more than 35 years of age (3) possess the qualifications prescribed for the membership of the Rajya Sabha (4) not be a member of either House of the Parliament or State Legislature (5) Does not hold any office of profit under the Union or State government or local authority TERM OF OFFICE The Vice President holds office for a term of five years. The Prime Minister is appointed by the President. All bills. POWERS OF THE VICE PRESIDENT The Vice . otherwise he gets the salary of the Chairman of the Council of States. resignation or removal of the President. Article 74 of the Constitution lays down that there shall be a Council of Ministers with the Prime Minister at the head to aid and advice the President who shall in the exercise of his functions act in accordance with such advice. motions and questions can be taken up by the Rajya Sabha only with his consent. PRIME MINISTER AND COUNCIL OF MINISTERS CONTENTS | IAS OUR DREAM The President of India is a constitutional executive head. He is eligible for re-election. All doubts and disputes arising out of or in connection with the election of a President or Vice President is inquired into and decided by the Supreme Court whose decision is final. Generally the President has no choice in the appointment of the Prime Minister and invites the leader of the majority party in the Lok Sabha for this office. resolutions.
he shall cease to be a minister after six months. The Council of Ministers. Ministers of State and Deputy Ministers. 21 CONTENTS | IAS OUR DREAM . It is like a wheel within a wheel. has right to speak in and to take part in the proceedings of the other House though he has no right to vote in the House of which he is not member. seldom meets as a body. The classification is done informally following the British practice. POWERS -The Prime Minister enjoys extensive powers (1) He is the Leader of the majority party in the Lok Sabha (2) He can recommend the dissolution of Lok Sabha to the President before expiry of its normal term (3) All the members of the Council of Ministers are appointed by the President on the recommendation of the Prime Minister. The Council of Ministers is not a single body but a composite body. The Ministers are divided into three categories.Actually the Prime Minister stays in office as long as he enjoys the confidence of the Parliament. consisting of ministers of different ranks. unless in the meanwhile he manages to get elected to either of the two Houses. Cabinet Ministers.. Ministers may be chosen from members of either House or a Minister who is a member of one House. (5) He presides over the meetings of the Council of Ministers and exercises a strong influence on its decisions. The normal term is five years but it is automatically reduced if the house is dissolved earlier. COUNCIL OF MINISTERS A minister must be a member of either House of Parliament. (4) He allocates portfolios among the various ministers and reshuffles them according to his wishes. It is the Cabinet which meets as and when summoned by the Prime Minister. He can ask a minister to resign and even get him dismissed by the President. If a person who is not a member of either House of Parliament is appointed a minister. (6) The Prime Minister is the chief channel of communication between the President and the Council of Ministers and keeps the former informed about all the decisions of the council. The Cabinet is an informal body of senior Ministers who form the inner circle. viz.
Article 75(3) of the Constitution states that the Council of Ministers is collectively responsible to the Lok Sabha. Thus it swims or sinks together. 22 CONTENTS | IAS OUR DREAM . It is he who summons and presides over meeting of the Cabinet. Article 75(2) declares that the ministers hold office during the pleasure of the President.PRINCIPLES ON WHICH THE CABINET SYSTEM OF GOVERNMENT FUNCTIONS(1) The parliamentary form of government is based on the principle of collective responsibility. Moreover he can remove a minister at any time by demanding a minister’s resignation or having him dismissed by the President. The Council of Ministers works as a team. He is central to the formation of the Council of Ministers. but to resign. The Prime Minister acts as the connecting link between the President and the Cabinet. all ministers are individually responsible to the President. Article 78 of the Constitution lays down that it is duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers and to furnish such information relating to the administration of the affairs of the Union. (3) Role of the Prime Minister: The Prime minister is the keystone of the cabinet arch. The Prime Minister is the “primus inter pares” (first among equals). If the Prime Minister resigns or dies the whole Council of Ministers goes out along with him. (2) Individual Responsibility of Ministers: Apart from collectively responsible to the Lok Sabha. The Prime Minister is also the main link between the Cabinet and Parliament. central to its life and death. even though a decision taken may pertain to a single ministry. The individual ministers may have differences among themselves on certain issues but once a decision is taken by the cabinet it becomes a joint decision of all the Ministers. It means that all the Ministers are collectively answerable to the Lok Sabha for the policies and decisions of the government. If a minister does not agree with the decision of the cabinet he has no choice.
ATTORNEY GENERAL OF INDIA The Attorney General is the first law officer of the government of India. His salary is charged on the Consolidated Fund of India and is not subject to the vote of the Parliament. His duties are to advise the government on legal matters to perform other legal duties which are referred or assigned to him by the President and to discharge the functions conferred on by him by the Constitution. whichever is earlier. In order to be appointed as the Attorney General a person must be qualified to be appointed as a judge of the Supreme Court. THE COMPTROLLER AND AUDITOR GENERAL OF INDIA The Comptroller and Auditor General of India is appointed by the President. His duties are to keep the accounts of the Union and the States and to ensure that nothing is spent out of the Consolidated fund of India or of the States without the sanction of the Parliament or of the State Legislatures. 23 CONTENTS | IAS OUR DREAM . His salary and conditions of service cannot be changed to his disadvantage during his term of office except under a financial emergency. Because of this he is not paid salary but a retainer to be determined by the President. The Attorney General is appointed by the President and he holds office during the pleasure of the President. In the performance of his official duties the Attorney General shall have a right of audience in all the courts in the territory of India. He is paid a salary equivalent to that of a Judge of the Supreme Court.General. Because of the importance of the office of the Comptroller and Auditor.e.. Though he is not a member of the Cabinet he has the right to speak in both the Houses of Parliament or any committee thereof. The Attorney General gets a retainer equivalent to the salary of a judge of a Supreme Court. He holds office until he attains the age of sixty five years or at the expiry of six. but he has no right to vote. He is the guardian of the public purse. each House of the Parliament passing a resolution supported by two-thirds of the members present and voting and by a majority of the house. the Constitution contains provisions to ensure the impartiality of office and to make it independent of the Executive. He can be removed from his office only on ground of proved misbehavior or incapacity in a manner a judge of the Supreme Court is removed i.year term. The Attorney General represents the government but is allowed to take up private practice provided the other party is not the state.
year. The Rajya Sabha represents the federal character of the Constitution in the Parliament.UNION LEGISLATURE The Parliament of India consists of the President and the two houses –the Lower House or Lok Sabha and the Upper House or Rajya Sabha. It consists of representatives of the states. SPECIAL POWERS OF THE RAJYA SABHA The special powers of the Rajya Sabha are in the form of initiating certain resolutions. He presides over the proceedings of the Rajya Sabha. TERM: The Rajya Sabha is a permanent body. One third of its members retire every 2. (2) not be less than 30 years of age. The members are elected by the elected members of the State Legislative Assemblies for a six year term.. RAJYA SABHA It is the Upper House of the Parliament. QUALIFICATIONS FOR MEMBERSHIP In order to be qualified to become a member of the Rajya Sabha. Representatives of the states are elected by members of State Legislative Assemblies on the basis of proportional representation through a single transferable vote. a person must be: (1) be a citizen of India. and (3) have registered as a voter in any parliamentary constituency. art. There are no seats reserved for Scheduled Castes & Tribes in the Rajya Sabha. These are: (1) A resolution seeking the removal of the Vice-President can originate only in the Rajya Sabha 24 CONTENTS | IAS OUR DREAM . The membership of a State is based on the population of that state. In his absence the Deputy Chairman of the Rajya Sabha presides over. and not subject to dissolution. Of these 238 represent the States and Union territories and the rest 12 are nominated by the President from amongst persons who have distinguished themselves in the field of literature. etc. science. The maximum strength of the Rajya Sabha is 250. The Deputy Chairman is elected by the members of the Rajya Sabha amongst themselves. social service. CHAIRMAN AND DEPUTY CHAIRMAN OF RAJYA SABHA The Vice –President of India is ex-officio chairman of the Rajya Sabha.
a person must: (1) be a citizen of India (2) not be less than 25 years of age and (3) has registered as a voter in any Parliamentary constituency.where the resolution must be passed by a majority of all the then members of the Rajya Sabha. (2) If the Rajya Sabha passes a resolution by a majority of not less than two. It consists of representatives elected by the people on the basis of universal adult franchise through secret ballot. if in the opinion of the President that the Anglo. LOK SABHA The Lok Sabha is the popular house of the Indian Parliament.India services. not more than 20 representatives of the Union Territories and not more than 2 members of the Anglo. but it may be dissolved earlier by the nd President. TERM -The normal term of the Lok Sabha is five years. The life of the Lok Sabha can be extended by the Parliament beyond the five year term when a proclamation of emergency under Article 352 is in force. But the CONTENTS | IAS OUR DREAM Parliament cannot extend the normal life of the Lok Sabha for more than one year at a time. Parliament by law may provide for such services. The Constitution empowers the Parliament to readjust the seats in the Lok Sabha on the basis of population after every census. but in any case such extension cannot continue beyond a period of six months after the proclamation comes to an end. but the 44th amendment Act 1978 has set it at five years as the original Constitution envisaged. The 42 Amendment Act 1976 extended the normal life of the Lok Sabha to six years. The constitution prescribes a membership of not more than 530 representatives of the states.third of the members present and voting that it is necessary or expedient in the national interest.Indian community is not adequately represented in the Lok Sabha. and agreed to by the Lok Sabha.thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List. QUALIFICATIONS FOR MEMBERSHIP OF LOK SABHA In order to be a member of the Lok Sabha. to create one or more all. 25 . (3) If the Rajya Sabha passes a resolution by a majority of not less than two. it shall be lawful for Parliament to make law for the whole or any part of the territory of India on that matter for a period of not exceeding more than one year.Indian Community nominated by the President.
They are as follows: (1) It is the Speaker who presides over a joint sitting of the Houses of the Parliament. (b) is of unsound mind.The Lok Sabha enjoys the following powers which are not available to the Rajya Sabha (1) A confidence or no confidence motion can be initiated and passed only in the Lok Sabha. The Speaker and the Deputy Speaker of the Lok Sabha are elected by the members of the Lok Sabha amongst themselves. (3) The decision of the Speaker as to whether a bill is money bill is final SPECIAL POWERS OF THE LOK SABHA. The Rajya Sabha cannot reject or amend a Money bill by virtue of its legislative powers. The Speaker and the Deputy Speaker remain in office so long as they are members of the house. but exercises his casting vote in the case of a tie i. When the office of the Speaker falls vacant or when the Speaker is absent from any sitting of the house. A person shall be disqualified for being a chosen as. (c) voluntarily acquires the citizenship of a foreign country.e. the House may declare his seat vacant. The Speaker possesses certain powers that do not belong to the Chairman of the Rajya Sabha. The Speaker and the Deputy Speaker may be removed from their office by a resolution of the House after serving a 14 day notice on them. If a member of either House remains absent for 60 days without seeking the permission of the House. The Speaker continues in his office. A member can resign at any time. (2) Money and financial bills can be introduced only in the Lok Sabha. and for continuing as. which is binding on him. The Speaker does not vote in the first instance. SPEAKER AND DEPUTY SPEAKER OF THE LOK SABHA The Speaker is the Chief Presiding Officer of the Lok Sabha. (2) When a Money Bill is transmitted from the Lok Sabha to the Rajya Sabha the power to certify it as a money bill is given to the Speaker. the Deputy Speaker performs the duties of the Speaker. (d) is an undercharged insolvent. Matters of disqualifications of a member are decided by the President in consultation with the Election Commission. a member of either House of the Parliament if he: (a) holds any office of profit. His resignation has to be accepted by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha as the case may be. It possesses only a recommendatory role in the passage of a money bill and can delay it for a maximum period of 14 26 CONTENTS | IAS OUR DREAM . or (e) is disqualified under any law made by the Parliament A member who incurs any of the disqualification after election is deemed to have vacated his seat.DISQUALIFICATIONS FOR MEMBERSHIP. in the case of equality of votes. even after the Lok Sabha is dissolved till the newly elected Lok Sabha is constituted.
does not take any action on a bill remitted to it for six months. JOINT SESSIONS OF PARLIAMENT The President can call joint sessions of the two Houses if a bill passed by one House is rejected by the other House or if the amendments proposed to a bill by one House are not acceptable to the other House. Under Art.President and judges of the Supreme Court and High Courts. But no joint sitting can be summoned to resolve a deadlock in case of a Money bill or a Constitutional Amendment bill. But prorogation brings an end to a session of the house. After the passage of the bill in a joint sitting it is presented to the President for his assent. The power of adjournment belongs to the respective presiding officers. there should not be a gap of more than six months between two sessions. The parliament ordinarily meets in three sessions in a year. Monsoon session (July-August) and winter session (Nov-December). The President has the power to summon or prorogue either or both Houses of Parliament. In such a case the President shall revoke the national emergency. These are the Budget Session (February-May). FUNCTIONS AND POWERS OF THE PARLIAMENT (1) Providing the cabinet (2) Control of the cabinet (3) Criticism of the cabinet and of the individual ministers (4) An organ of information (5) Legislation (6) Financial control (7) According to Art368 Parliament can amend the Constitution of India. Since the Lok Sabha has a larger membership in a joint sitting generally the will of the Lok Sabha prevails. The Lok Sabha enjoys full legislative power in this regard. 27 CONTENTS | IAS OUR DREAM . It merely postpones the proceedings of the house to a future date. (8) Electoral-Parliament participates in the election of the President and Vice President of India (9) Power of removing functionaries like the President and Vice. Adjournment of a house does not terminate the session of the house. The deadlock over a bill in a joint sitting is resolved by present and voting. SESSIONS OF PARLIAMENT The sessions of Parliament are convened at the discretion of the President.352 the Lok Sabha in a special sitting can disapprove the continuance in force of a national emergency proclaimed by the President.days only. Decision is taken by a majority of the total members present. However.
then it is deemed that there this a deadlock between the two Houses and the President may summon a joint sitting of the Parliament. These are: (1) It may pass the bill with no amendment. This is the final reading which is more or less a formal affair. it will be deemed to have been passed by both Houses. The first stage of legislation is the introduction of a Bill. However if the originating house does not agree to the amendments made by the other House and if there is final disagreement as to the amendments between the two Houses the President may summon a joint sitting of the two Houses to resolve the deadlock (3) It may reject the bill altogether. It means they cannot be introduced as Private Members bills. The introduction of the bill and its publication in the Gazette constitutes the First reading of the Bill.. The other House has four alternatives before it. Government and private members’ bills. Money. Bills are of two types viz. In such a case if more than six months elapse from the date of reception of the bill. Financial and Constitutional Amendment bills. (1) the bill may be taken into consideration at once. 28 CONTENTS | IAS OUR DREAM .At this stage the bill is discussed in thoroughness. Then the President may under Art 108 summon a joint sitting to resolve the deadlock.LEGISLATIVE PROCEDURE The primary function of Parliament is law making. Money. The legislative procedure adopted for passing Government and Private members’ bills is the same. (2) the Bill may be referred to a Select committee or a Joint committee of the House (3) the bill may be circulated for the purpose of eliciting public opinion on it. There are different courses of action open at the second stage. In this case. Money and financial bills cannot be introduced in the Rajya Sabha. the bill will be returned to the originating House. It is then transmitted to the other House where it has to pass through the same process. (c) Third reading of the Bill. (2) It may pass the bill with amendments. After the bill has been accepted by the House it is deemed to have been passed by the House. If the House which originated the bill accepts the bill as amended by the other House. (4) It may take no action on the Bill by keeping it lying on its table. The different stages in the legislative procedure in the Parliament(a) Introduction of the Bill. financial and an ordinary bill under Article 3 can be introduced only on the recommendation of the President. Bills may be classified under four heads viz. The other bills can be introduced in either house of the Parliament. (b) Second reading of the Bill.. In that case the bill will be deemed to have been passed by both houses. Art 107 to 122 of the Constitution deal with the legislative procedure with reference to the passing of the bills in the Parliament. After the Bill has been introduced in the house it is published in the Gazette of India. Ordinary.
But in case of a bill other than these two. After it is passed by the Lok Sabha it is transmitted to the Rajya Sabha. At this stage the President cannot withhold his assent. If it is a Money Bill or a Constitutional Amendment bill. revenue and expenditure. it is sent to the President for the second time. After the Money Bill is passed by the Parliament it is presented to the President for his assent. The Parliament thus controls the revenue expenditure and appropriation of government funds. However the Rajya Sabha has equal powers to reject or amend it. If the Bill is passed by both the Houses again. The bill after receiving the assent of the President becomes an Act. the decision of the Speaker of the Lok Sabha is final. The President cannot send back a money bill to the reconsideration of the Parliament. After receiving a money bill from the Lok Sabha. The President may also send a financial bill for the reconsideration of the Parliament once. 29 . the Rajya Sabha within a period of 14 days must return the bill to the Lok Sabha with or without the recommendations. viz. Article 265 states that no tax can be levied or collected without the sanction of the Parliament. It cannot be introduced without the recommendation of the President.PRESIDENT’S ASSENT After the bill has passed through both the Houses or through a joint sitting of the Parliament or it is ratified by not less than half of the state legislatures as the case may be. The Rajya Sabha cannot reject or amend a money bill by virtue of its powers. It has only a recommendatory role to play in the passing of a Money bill. SPECIAL PROCEDURE WITH RESPECT TO MONEY BILL If any question arises whether a bill is a money bill or not.. he shall give his assent. the President may return the bill for the reconsideration of the Parliament with his recommendation. All the revenue and loans raised by the authority of law are paid into the Consolidated Fund of India. SPECIAL PROCEDURE WITH RESPECT TO FINANCIAL BILL A financial bill can be introduced only in the Lok Sabha. Under Article 266 no money can be withdrawn or spent or appropriated from the Consolidated Fund of India without the sanction of the Parliament. CONTENTS | IAS OUR DREAM PARLIAMENT’S CONTROL OVER THE FINANCIAL SYSTEM The financial system consists of two branches. that too on the recommendations of the President. he has to give his assent to the bill. it is presented to the President for his assent. A money bill cannot be introduced in the Rajya Sabha. His decision in this respect cannot be questioned in a court of law. with or without amendment as recommended by the President.
THE BUDGET The budget is the annual financial statement of the government. if allowed is debated upon.A motion moved by a member to express lack of confidence in the Government for any reason. At the conclusion of such a debate. 30 CONTENTS | IAS OUR DREAM . Charged expenditures are expenditures that do not require the approval of the Parliament to be spent out of the Consolidated Fund of India.ATTENTION MOTION. QUESTION HOUR. it has to resign. It has a limit of 50 cores. It is presented to the Lok Sabha upon the recommendation of the President The budget is a statement of the estimated receipts and expenditures of the government of India for the following financial year.A Member of Parliament may with prior permission of the Speaker.ordinary procedure which if admitted leads to setting aside the normal business of the house for discussing a definite matter of urgent public importance. call the attention of a minister to any matter of urgent public importance and the minister may make a brief statement or ask for time to make a statement at a later hour or date. NO . CONTINGENCY FUND OF INDIA.CONFIDENCE MOTION. are then presented in the form of a single bill called the Appropriation Bill. Normally the first hour of the business of a house every day is devoted to questions and is called question hour.This fund was created in 1950 by an act of Parliament on the basis of powers provided under Art 267. It is placed at the disposal of the President to meet unforeseen expenditures where the Parliament’s approval cannot be obtained owing to time factor. ADJOURNMENT MOTIONS An adjournment motion is an extra. All the expenditures approved through various demands for grants and expenses charged on the Consolidated Fund of India. loans raised and income of the Government of India are deposited.It is a fund to which all the revenue. The proposals for taxation to raise revenue are presented in the form of ‘Financial Bill’ CONSOLIDATED FUND OF INDIA. CALL. It is a government bill and is classified as a Money Bill. The motion. a vote of confidence is sought by the government and it fails to get the required majority of votes.
Normally there is a governor for each state but it is possible to appoint the same person as Governor for two or more states. (1) EXECUTIVE POWERS CONTENTS | IAS OUR DREAM The governor is the executive head of the state and all executive actions of the State are taken in his name. The Governor is appointed for a term of five years. The President can also remove him from office before the expiry of his term. He has the power to (a) summon or prorogue either house of the state legislature and dissolve the state legislative assembly (b) address the first session of the state legislature after the general elections (c) send messages to the state legislature on bills pending before it (d) appoint one. chairman and members of the state public service commission.THE STATE EXECUTIVE The executive at the state level has been modeled on the central pattern. the Council of Ministers and the Chief Minister. he can relinquish his office earlier by tendering his resignation to the President. THE GOVERNOR The executive power of the state is vested in the Governor and all the executive action of the state has to be taken in the name of the Governor. APPOINTMENT. Powers and Functionsthe Constitution vests quite extensive powers in the Governor and he is expected to exercise on the advice of the Council of Ministers. TO BE ELIGIBLE FOR APPOINTMENT AS GOVERNOR A PERSON (1) must be a citizen of India (2) must have completed 35 years of age (3) should not be a member of either house of Parliament or the State legislature (4) must possess the qualifications prescribed for membership of the state legislatures (5) must not hold any office of profit. He also appoints all important officials of the state including the Chief Minister ministers advocate general.sixth of the members of the legislative council 31 . TERM OF OFFICE AND QUALIFICATIONS The Governor is appointed by the President and holds office during the pleasure of the President. (2) LEGISLATIVE POWERS The Governor is a part of the State Legislature. It consists of the Governor. However.
respites or remissions of punishment to persons convicted of an offence against state laws. The Council of Ministers is collectively responsible to the Vidhan Sabha 32 .Indian community to the state legislative assembly if in his opinion this community is not adequately represented in that house. All money bills can be introduced in the state legislature only on the recommendation of the Governor. the Governor has the power to grant pardons. CHIEF MINISTER The Governor is assisted in the discharge of his functions by a Council of Ministers headed by the Chief Minister. He appoints judges of courts below the high court. (4) JUDICIAL POWERS The Governor is consulted by the President while appointing the Chief Justice and judges of the state High Court. He enjoys a term that runs parallel to that of the state legislature. Like the President. the other members are appointed by the governor on the advice of the Chief Minister. reprieves. Any person can be appointed as a minister but he ceases to be a minister if he is not elected as a member of the State legislature within six months after his appointment as a Minister. The Chief Minister is the chief link between the Governor and the Council of Ministers and keeps the former informed of all decisions of the council.(e) he can appoint one member from the Anglo. (5) EMERGENCY POWERS The Governor has the power to make a report to the President whenever he is satisfied that a situation has arisen in which government of the state cannot be carried on in accordance with the provisions of the Constitution (Art 356) thereby inviting the President to assume to himself the functions of the government of the state or any of them. (f) give assent to the bills passed by the state legislature (g) reserve certain bills passed by the legislature for the assent of the President (h) make laws through ordinances during the recess of the state legislatures (3) FINANCIAL POWERS He ensures that the budget of the state is laid before the state legislature every year. The Chief Minister is appointed by the Governor. The Chief Minister recommends to the Governor the names of persons to be appointed as members of the Council of Ministers and allocates portfolios among them. The Governor administers the Contingency Fund of the State and can advance money out of it to meet unforeseen expenditure pending its authorization by the legislature. CONTENTS | IAS OUR DREAM COUNCIL OF MINISTER The Council of Ministers which has been provided by the constitution to aid and assist the Governor consists of the Chief Minister and other ministers. Generally the leader of the majority party in the state assembly is appointed Chief Minister. When the state is placed under President’s rule the Governor acts as the representative of the President in the state and assumes extensive powers. who holds position identical to that of the Prime Minister at the center. While the minister is appointed by the Governor.
ADVOCATE – GENERAL The Advocate General is the first law officer of a state. A person who is qualified to be appointed as a judge of a high court can only be appointed as Advocate General. 33 CONTENTS | IAS OUR DREAM . He is appointed by the Governor and holds office during the pleasure of the Governor. The office corresponds to the office of the Attorney General of India and enjoys similar function within the state. He has the right to participate in the proceedings of the houses of state legislatures without the right to vote and has the right of audience in any court in the State.
However the legislative assembly of Sikkim has only 32 members.STATE LEGISLATURE The Constitution provides for a Legislature for every state. Karnataka. Jammu & Kashmir. In the Legislative Assembly of every state. The legislature of every state consists of the Governor and one or two Houses. The lower House is always known as the Legislative Assembly (Vidhan Sabha) and the Upper House wherever it exists as the Legislative Council (Vidhan Parishad). Maharashtra and Uttar Pradesh.years but it may be dissolved earlier by the Governor. seats are reserved for the Scheduled Tribes and Scheduled Castes on the basis of population. COMPOSITION OF THE HOUSES LEGISLATIVE ASSEMBLY This is the popular House of the State Legislature and consists of directly representatives of the people.Indian community is not adequately represented in the Legislative Assembly he may nominate one member of that community to the Assembly as he considers appropriate. the Parliament may approve the resolution by a simple majority. If the Legislative Assembly of the state passes a resolution by a majority of the total membership of the Assembly and by a majority of not less than two-third of the members present and voting. 169. QUALIFICATIONS A person can become a member of the Legislative Assembly only if he (1) is a citizen of India (2) is more than 25 years of age (3) does not hold any office of profit under the state or central government (4) possesses such other qualifications as may be prescribed by law. TENURETENURE-The normal tenure of the Legislative Assembly of every state is of five. If any question arises as to whether a member of a House of the Legislature of a state has become a subject to CONTENTS | IAS OUR DREAM 34 . All other states have only one house. Likewise its term can be extended by one year at a time by the Parliament during national emergency. The members of the assembly are chosen directly by the people on the basis of adult franchise from territorial constituencies in the state. by a simple procedure. At present only five states have a bicameral legislature. The strength of the legislative assembly varies from 60 to 500 in different states according to the population. If a Governor of a State is of the opinion that the Anglo. It is popularly known as Vidhan Sabha.Bihar. The legislatures in the state are either bicameral (consisting of two Houses) or unicameral (consisting of one House). The Legislative Councils can be created or abolished in a state by the Parliament under Art.
(e) 1/6 are to be nominated by the governor from persons having special knowledge or practical experience in Literature. Co-operative movement and social service. Thus (a) 1/3 of the total number of members of the council shall be elected by electorates consisting of members of local bodies.President the Governor is not the ex-officio Chairman of the Legislative Council. Like the Vice. (c) 1/12 shall be elected by electorates consisting of persons engaged for at least three years in teaching in educational institutions within the State not lower in standard than secondary schools (d) 1/3 shall be elected by the members of the legislative assembly from amongst persons who are not members who are not members of the Assembly. LEGISLATIVE COUNCIL It is the Upper House of the State Legislature and contains various categories of members. It is popularly known as Vidhan Parishad.disqualification the question shall be referred for the decision of the Governor and his decision shall be final. OFFICERS A Legislative Assembly shall have its Speaker and Deputy Speaker elected from among its members. district boards.The Legislative Council is not subject to dissolution but after every two years. Broadly speaking 5/6 of the total number of members of the council shall be indirectly elected and 1/6 will be nominated by the Governor. SESSIONS OF THE LEGISLATURE. one-third of its members retire. such as municipalities. Art. Science.the State Legislature must meet at least twice a year and the interval 35 .A person to be a member of the Legislative Council CONTENTS | IAS OUR DREAM (1) must be a citizen of India (2) must be more than 30 years of age (3) must not hold any office of profit under the State or Union Government (4) must possess such other qualifications as may be prescribed by Parliament OFFICERS –The Legislative Council of each state elects its Chairman and Deputy Chairman from among its members. The membership of the Council shall not be more than one third of the membership of the legislature but not less than 40. QUALIFICATIONS. TENURE. (b) 1/12 shall be elected by electorates consisting of graduates of three years standing residing in that state.
then that is the end of the bill. It can only delay the passage of a bill for a maximum period of four months. i. 36 CONTENTS | IAS OUR DREAM .. In case of Money bills. then the bill is deemed to have been passed by both Houses and is presented to the Governor for his assent. It is the will of the Vidhan Sabha which prevails. the procedure followed is exactly similar to that of the Parliament. the legislative assembly and when duly passed are presented to the Governor for his assent. when the bills passed by the Vidhan Sabha. then it is retransmitted to Vidhan Parishad and (1) at the expiry of one month period. But in case of a financial or ordinary bill. the procedure is slightly different from that of the Parliament. The Upper House does not enjoy equal powers with the lower house and on its own cannot amend a bill. then the bill is referred back to the lower house. or (c) does not act upon the bill for three months. If the Vidhan Sabha rejects a bill which originated in the Vidhan Parishad. If the Upper House:(a) rejects the bill outright. it is transmitted to the Vidhan Parishad. ultimately. If the Vidhan Sabha passes the bill for the second time. or (2) the bill is rejected by the Parishad or (3) the bill is passed by the Parishad with amendments to which the Vidhan Sabha does not agree.between any two sessions should not be more than six months. All bills originate in the single chamber.e. There is no provision for a joint sitting of the State Legislature to resolve a deadlock over the passage of a bill. But in case of a bicameral legislature. or (b) suggests amendments which are not acceptable to the Vidhan Sabha. LEGISLATIVE PROCEDURE The legislative procedure in a state having a unicameral legislature is simple.
The Indian Constitution contains federal and non. and secondly. (13) On account of the presence of a large number of non.Union list. (12) The exclusive right of Parliament to propose amendments to the Constitution. State list and Concurrent list (5) The creation of an Upper House (Rajya Sabha) which gives representation to the states. the Indian federation is not the result of an agreement between independent units.India Services which hold key positions in the Centre as well as the States appointment of the Governor by the President (8) The granting of extensive powers to the President to deal with various kinds of emergencies (9) The right of Parliament to legislate on state subjects on the recommendation of the Rajya Sabha (10) The presence of a single judiciary with the Supreme Court of India at the apex (11) The residuary powers under the Indian Constitution are assigned to the Union and not to the States. FEDERAL FEATURES The federal features of the Constitution include: (1) A written constitution which defines the structure. the units of Indian federation cannot leave the federation. (4) A clear division of powers between the Center and the States through three lists. NON – FEDERAL FEATURES The Constitution also contains a number of unitary features: (1) The creation of a very strong centre (2) The absence of separate constitutions for the states (3) The right of Parliament to amend major portions of the constitution by itself (4) A single citizenship for all (5) Unequal representation to the states in the Rajya Sabha (6) The right of Parliament to change the name. The term implies that firstly.INDIAN FEDERALISM AND CENTER STATE RELATIONS The Constitution provides a federal system of government in the country even though it describes India as ‘a Union of States’. territory or boundary of states without their consent (7) The presence of All.federal features in the Indian Constitution India is often described as a ‘quasi-federal ‘country. organization and powers of the central as well as state governments (2) A rigid constitution which can be amended only with the consent of the states (3) An independent judiciary which acts as the guardian of the constitution.federal features. etc. 37 CONTENTS | IAS OUR DREAM .
on the measures to be adopted for protection of the railways.the Constitution divides legislative authority between the Union and the States in three lists. Under Article 356 relating to the failure of constitutional machinery in the state.the Union List. for the implementation of international treaties or agreements. local governments. In case of conflict between the law of the State and Union law on a subject in the Concurrent list. The Union Parliament has exclusive authority to frame laws on subjects enumerated in the list.state river disputes. Parliament can make laws on subjects in the State list if two or more states make a joint request to it to do so. Thus. marriage and divorce. but the Centre has a prior and supreme claim to legislate on current subjects.in. books. Parliament can take over the legislative authority of the state. police. economic and special planning trade unions. The Centre acquires control over states through All India Services. the State List and the Concurrent List.CENTRE – STATE RELATIONS Relations between the Union and States can be studied under the following heads (a) Legislative Relations. Residuary powers rest with the Union government. communications. • The Concurrent list comprises of 52 items including criminal and civil procedure. These include public order. newspapers. the law of the Parliament prevails. (b) Administrative relations. which means that the Union executive/the state executive can deal with all matters on which Parliament/state legislature can legislate. the Centre enjoys more extensive powers than the states. Likewise. defence. The executive power over subjects in the Concurrent list is also exercised by the states unless the Union government decides to do so. During times of emergency. • The Union list consists of 99 items. armed forces. for the welfare of the scheduled tribes and for providing facilities for instruction in mother tongue at primary stage to linguistic minorities. These include foreign affairs. Both the Parliament and the State legislatures can make laws on subjects given in the Concurrent list. electricity.aid and the fact that the Parliament can alone adjudicate in inter. Parliament can make laws on subjects in the State List. foreign trade etc. population control and family planning etc. Parliament can legislate on state subjects. grants. prison. agriculture etc. 38 CONTENTS | IAS OUR DREAM . administration of justice. The Centre can issue directives to the state to ensure compliance with the laws made by Parliament for construction and maintenance of the means of communications declared to be of national or military importance. Finally. Parliament can also legislate on subjects in the State list if the Rajya Sabha passes a resolution by two-third majority that it is necessary to do so in the national interest. During a proclamation of national emergency as well as emergency due to the failure of constitutional machinery in a state the Union government assumes all the executive powers of the state. education. posts and telegraph.The Indian Constitution is based on the principle that the executive power is co-extensive with legislative power. • The State list consists of 61 subjects on which ordinarily the States alone can make laws.
power body. The states can levy taxes on the subjects in the state list. The Finance Commission according to Article 280 of the Constitution is constituted by the President once every five year and is a high.(c) Financial Relations – Both the Union government and the states have been provided with independent sources of revenue by the Constitution. It is headed by the Prime Minister and includes six Cabinet ministers of the Union and Chief Ministers of all the states and union territories. COCO. Parliament can levy taxes on the subjects included in the Union list. (b) The principles which should govern the grants-in-aid of the revenues amongst the states out of the Consolidated Fund of India. 39 CONTENTS | IAS OUR DREAM . The Centre can exercise control over state finances through the Comptroller and Auditor General of India and grants. Each council consists of the Chief Minister and two other ministers of each of the states in the zone and the administrator in the case of the union territory. Article 263 empowers the President to establish Inter-State Council to promote better co-ordination between the Centre and States.OPERATIVE FEDERALISM The Indian Constitution provides for a number of mechanisms to promote co-operative federalism. to ensure greater cooperation amongst states in the field of planning and other matters of national importance. In the financial sphere also the States are greatly dependent on the Centre for finances. The Union Home Minister has been nominated to be the common chairman of all the zonal councils. The act divided the country into six zones and provided a Zonal Council in each zone. FINANCE COMMISSION –One of the instruments which the Constitution has evolved for the purpose of distributing financial resources between the Centre and the states is the Finance Commission. 1956. The duty of the Commission is to make recommendations to the President as to: (a) The distribution between the union and the states of the net proceeds of the taxes which are to be divided between them and the allocation between the states themselves of the respective share of such proceeds. there are no taxes on the subjects in the Concurrent List. But during financial emergency the President has the power to suspend the provision regarding division of taxes between the centre and the states. ZONAL COUNCILS were set up under the State Re-organization Act. Ordinarily. INTER -STATE COUNCIL was formally constituted in 1990.
Laksha dweep. Pondicherry and Delhi. The administrators of Union Territories are variously known as Lieutenant Governors. 1957 (2) The Parliament cannot make law with regard to Jammu &Kashmir on subjects in the State List (3) The residuary power lies with the Legislature of Jammu &Kashmir and not with the Parliament. The Constitution specifically stipulates that the provisions with respect to the state of Jammu & Kashmir are of purely temporary nature. Andaman and Nicobar Islands. Daman and Diu. SPECIAL STATUS OF JAMMU AND KASHMIR Article 370 of the Indian Constitution accords special status to the state of Jammu & Kashmir. CONTENTS | IAS OUR DREAM The following are some of the features of the special relationship between the Union of India and Jammu & Kashmir: (1) Jammu & Kashmir has its own Constitution which was framed by a special Constituent Assembly set up by the state and came into being on the 26th January. Parliament has been vested with the power to prescribe the structure of administration in the various Union Territories. Chandigarh. Administration There is no uniform system of administration in the Union Territories. Dadra and Nagar Haveli. These areas have been placed under the control of the central government for different reasons such as cultural distinctiveness. In Union Territories with legislative assemblies. The article was incorporated in the Constitution in pursuance of the commitment made by Nehru to Maharaja Hari Singh in October 1947 at the time of signing the Instrument of Accession of Jammu & Kashmir to India. the right to legislate on subjects enumerated in the State list and Concurrent list vests with the Assembly. 40 . In respect of other Union Territories the laws are enacted by the Parliament. Similarly some Union Territories have Legislative Assemblies and Councils of Ministers such as Daman & Diu. strategic importance or due to political and administrative considerations. Delhi. and Pondicherry. Chief Commissioners or Administrators.UNION TERRITORIES AND JAMMU AND KASHMIR At present there are seven Union Territories namely.
boundary or territory of Jammu & Kashmir. It cannot declare any law unconstitutional or issue writs. (6) Only national emergency proclaimed on grounds of war or external aggression shall have automatic extension to Jammu & Kashmir.(4) It follows dual citizenship. National emergency proclaimed on the basis of armed rebellion shall not be automatically extended to Jammu & Kashmir. (8) The Union has no power to proclaim a financial emergency to Jammu & Kashmir. own and dispose of immovable property in Jammu & Kashmir. in case of constitutional breakdown in the state. (9) Part IV and IVA of the Constitution relating to the Directive Principles of State Policy and the Fundamental Duties are not applicable to of Jammu & Kashmir. The High Court of Jammu & Kashmir enjoys very limited powers. Governor’s rule can also be imposed for a maximum period of six months. 41 CONTENTS | IAS OUR DREAM . Only the citizens of Jammu & Kashmir can take part in the elections to the State Assembly and acquire. without the concurrence of the State Legislature. (7) Apart from the President‘s rule. except for the enforcement of the Fundamental Rights. (5) The Parliament cannot change the name.
(3) The conduct of a judge of the Supreme Court cannot be discussed in the Parliament. 33.thirds of the members present and voting on the ground of proved misbehavior or incapacity.000 and other Judges Rs. TENURE AND SALARY A judge of the Supreme Court vacates his office on attaining the age of sixty-five years or by resignation addressed to the President or by removal by the President upon a resolution passed by both Houses of Parliament supported by a majority of the total membership of that House and by a majority of not less than two.SUPREME COURT Though India is a federal system. The Supreme Court stands at the apex of the judicial system of India. 30. The Chief Justice of India gets a salary of Rs. QUALIFICATIONS OF JUDGES A person to be qualified for appointment as a judge of the Supreme Court must be: (a) Be a citizen of India.the Supreme Court normally sits at New Delhi. It consists of a Chief Justice and 25 other judges. APPOINTMENT – The Chief Justice of the Supreme Court is appointed by the President with the consultation of such judges of the Supreme Court and High Courts as he may deem necessary for the purpose. and (b) Have been a judge of a High Court or two or more such courts in succession for at least five years or (c) Have been an advocate of a high court or two or more such courts in succession for at least ten years or (d) A distinguished jurist in the opinion of the President. SEAT.000 per month. INDEPENDENCE OF SUPREME COURT JUDGES The Constitution has made provisions to ensure the independence of judges (1) The salaries and allowances of judges have been charged on the Consolidated Fund of India and are not subject to a vote of Parliament (2) The salaries and other service conditions of judges cannot be changed to their disadvantage during their tenure. The other judges of the Supreme Court are appointed by the President with the consultation of Chief Justice. India has opted for a unified and single judiciary and a single integrated system of courts for the Union as well as the States. CONTENTS | IAS OUR DREAM 42 .
four types of cases fall within the appellate jurisdiction of the Supreme Court-constitutional. a judge of the Supreme Court is prohibited from practicing or acting as a judge in any court or before any authority in India. writ. civil.The jurisdiction of the Supreme Court are five-fold. a Judge of the Supreme Court can only be removed from office by the President on the basis of a resolution passed by both the Houses of the Parliament with a majority of the total membership and a majority of not less than two-thirds of the members present and voting in each house. (4) The President shall have to consult the Chief Justice of India before appointing a person as a judge of Supreme Court. (6) After retirement. Generally. 43 CONTENTS | IAS OUR DREAM . on grounds of proved misbehavior or incapacity of the judge in question. original. JURISDICTION OF THE SUPREME COURT.Art 32 confers jurisdiction on the Supreme Court to enforce the Fundamental Rights. criminal and such other cases where it may grant special leave to appeal. (d) ADVISORY JURISDICTION.The Supreme Court is the highest court of appeal and its writs and decrees run throughout the country. (e) REVISORY JURISDICTION JURISDICTION-The Supreme Court under art 137 is empowered to review any judgment or order made by it with a view to removing any mistake or error that might have crept in the judgment or order. appeals can be taken to the Supreme Court if the case involves a substantial question of law regarding interpretation of Constitution or if it involves a substantial question of law of general importance. (c) APPELLATE JURISDICTION JURISDICTION. The power to issue writs for the enforcement of the Fundamental Rights is given by the Constitution to the Supreme court and High courts. (5) Once appointed. advisory and revisory jurisdiction.. Broadly speaking. the advice is not binding on the President. and it has exclusive authority to decide any dispute: (1) disputes between the Centre and one or more states (2) disputes between the Centre and any state or states on the one hand and one or more states on the other (3) disputes between two or more states (b) WRIT JURISDICTION. (a) ORIGINAL JURISDICTION.under art 143 of the Constitution the Supreme Court renders advice to the President on any matter of law or fact whenever he seeks such advice. However. Under this Article every individual has a right to move the Supreme Court directly by appropriate proceedings for the enforcement of his Fundamental Rights.The original jurisdiction of the Supreme Court is purely federal in character.except on the resolution for the removal of a judge. appellate.
As a court of record it also enjoys the power to punish for its contempt. Supreme Court and Judicial Review The Supreme Court in India has been vested with the power of judicial review. It can ensure that the laws passed by the legislature and the orders passed issued by the executive do not contravene any provision of the Constitution. If they go against any provision of Constitution. it can declare them unconstitutional or null and void. HIGH COURT 44 CONTENTS | IAS OUR DREAM .(f) COURT OF RECORD. Judicial review can be defined as the competence of a court of a law to declare the constitutionality or otherwise of a legislative enactment.The Supreme Court is a court of record and its records are admitted to be to be of evidentiary value and cannot be questioned in any court.
The President can remove a Judge of the High Court from his office only if the Parliament passes a resolution by a two-third majority of its members and voting in each house. a person: (1) must be a citizen of India (2) should have been an advocate of a High court or two or more such courts in succession for at least 10 years . The judges of High Court are appointed by the President in consultation with the Governor of the state. for the clearance of arrears of work in a High Court. not exceeding two years. APPOINTMENT OF JUDGES. or for one or more states and one or more union territories. the Chief Justice of India and the Chief Justice of the High Court. requesting him to remove the judge. (2) An acting judge when a permanent judge of a high court is temporarily absent or unable to perform his duties. except in the manner provided for the removal of a Judge of the supreme court. or should have held judicial office for at least in Indian territory for a period of at least 10 years TERM The Judges of the High Court hold office till they attain the age of 62 years Their term can be cut short due to resignation or removal by the President on grounds of proved misbehavior or incapacity. The Chief Justice of a high court is appointed by the President in consultation with the Chief Justice of India and the Governor of the concerned state. The President has the power to appoint: (1) Additional judges for a temporary period . the Constitution seeks to maintain the independence of the Judges of the High Court’s by a number of provisions: (a) by laying down that a Judge of the High Court shall not be removed.The judiciary in states consists of a High Court and subordinate courts. however. An acting judge holds office until the permanent judge resume his office. establish by law a common High court for two or more such states. The Constitution. Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time appoints. unlike in the case of the Supreme Court does not fix any maximum number of Judges of a High Court but leaves it to the President . CONTENTS | IAS OUR DREAM INDEPENDENCE OF THE JUDGES JUDGES As in the case of the Judges of the Supreme court. 45 . The Parliament can. JUDGES. QUALIFICATIONS QUALIFICATIONS – To qualify for appointment as a Judge of the High Court. but neither an acting judge nor an additional judge can hold office until the age of 62 years.
(c) the salaries and allowances payable to Judges of High Courts cannot be changed to their disadvantage after appointment except during a financial emergency. TRANSFER OF A JUDGE FROM ONE HIGH COURT TO ANOTHERThe Constitution. company laws and contempt of court (2) settlement of disputes relating to the election of members to Union and state legislatures (b) APPELLATE JURISDICTION – As courts of appeal all High Courts entertain appeals in civil and criminal cases from their subordinate courts as well as from their original side. 2.000. after consultation with the Chief Justice of India to transfer a Judge from one High Court to another. however no jurisdiction over tribunals established under the law relating to the armed forces of the country. (2) Calling from subordinate courts returns and issuing general rules to regulate their CONTENTS | IAS OUR DREAM 46 . will .civil cases of value exceeding Rs. They have. criminal cases referred by the Presidency Magistrates and cases relating to admiralty.(b) by providing that the expenditure in respect of the salaries and allowances of the Judges shall be charged on the Consolidated fund of State. marriage . divorce. Bombay and Madras. (d) the conduct of Judges of the High Court cannot be discussed in Parliament except on a motion of resolution for the removal of a Judge (e) after retirement a permanent Judge of High Court shall not plead in a court or before any authority of India except in the Supreme court and a High Court other than the High Court in which he held office. JURISDICTION OF THE HIGH COURT’S (a) ORIGINAL JURISDICTION(1) For the High Courts of Calcutta. under Article 222 empowers the President. (c) WRIT JURISDICTION – Under Article 226 of the Constitution the High Courts are given powers of issuing writs for the enforcement of Fundamental Rights and for other purposes. (d) ADMINISTRATIVE – (1) Superintendence and control over subordinate courts.
proceedings etc. except those dealing with the Armed Forces CONTENTS | IAS OUR DREAM ELECTORAL SYSTEM 47 . (3) withdrawing a case from a subordinate court and sending it back after deciding a substantial question of law (4) Appointment of Staff and making of rules and regulations for their service conditions. Article 227 empowers High Courts to exercise superintendence over all courts and tribunals.
The Election Commission consists of a Chief Election Commissioner and such other commissioners as the President may decide from time to time. The main features of the electoral system are. (1) It is based on universal adult franchise. Parliament has passed a number of laws to regulate the electoral system. Some prominent laws enacted by the Parliament include Representation of People’s Act. The term can be cut short on account of resignation or removal by the President on grounds of proved misbehavior or incapacity on the recommendations of the Parliament. Representation of People’s Act 1951 etc. which means that all citizens above the age of 18 years are entitled to take part in elections provided they have registered themselves as voters and fulfill certain conditions . allot symbols to recognized political parties (5) to settle any disputes arising in connection with the elections (6) conduct counting and declare results (7) postpone or countermand elections for specific reasons. direct and control elections to the Parliament and the state legislature (2) to conduct elections of the post of the President and Vice President (3) to lay down general rules for elections (4) to determine constituencies and to control the preparations of electoral rolls. ELECTION COMMISSION The Constitution provides for an independent Election Commission to ensure free and fair elections. (2) There is a single electoral body and the system of communal representation has been done away with.The electoral system of India is largely based on the British pattern. 1950. After independence the framers of the 48 CONTENTS | IAS OUR DREAM (1) To superintend. FUNCTIONS OF THE ELECTION COMMISSION LOCAL GOVERNMENT – PANCHAYATS Panchayats Raj is an important feature of the Indian political system which ensures the direct participation of people at the grass roots level. (3) Representation is based on the territorial principle. . At present there is a Chief Election Commissioner and two other Election Commissioners who are appointed by the President for a five year term. In October 1993 the Government promulgated an Act which provided for the appointment of Election Commissioners. Elections are held on the basis of single member constituencies.
e. minor irrigation. They may be entrusted with the responsibility of: (a) Preparing plans for economic development and social justice. QUALIFICATIONS FOR MEMBERSHIP: All persons who are qualified to be chosen to the State Legislature shall be qualified to be chosen as a member of Panchayat.. The Constitution envisages a three-tier system of Panchayats namely: (a) The village level. DURATION OF A PANCHAYAT: Each Panchayat shall continue for five years from the date of its first meeting. land improvement. POWERS AND FUNCTIONS OF PANCHAYATS State Legislatures have the legislative power.g. A number of committees were appointed like the Balwantrai Mehta committee and Ashok Mehta committee to suggest measures for the improvement of the working of Panchayat Raj institutions. Seats shall be reserved for Scheduled Castes and Scheduled Tribes and woman. But it can be dissolved earlier in accordance with the procedure prescribed by State Law. fisheries. The Chairperson is elected according to the law passed by the State.Constitution decided to give them importance and under Article 40 of the Directive Principles directed the states to “organize village Panchayats as units of self government”. The electorate has been named Gram Sabha consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Panchayat. (b) Implementation of schemes for economic development and social justice (c) In regard to matters listed in the Eleventh Schedule. A State may by law authorize a Panchayat to levy. collect and appropriate taxes. All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area. The Constitution passed the 73rd and 74th Amendment Acts. education. woman and child development. This Schedule contains 29 items. A State may by law make provision for similar reservation of the offices of Chairpersons in the Panchayats at the village and other levels. A State Election Commission consisting of a State Election Commissioner is to be 49 CONTENTS | IAS OUR DREAM . tolls etc. The only difference is that a person who has attained the age of 21 years will be eligible to be a member of a Panchayat. (c) The Intermediate Panchayat which stands between the village and district Panchayats in the States where the population is above 20 lakhs. 1992 which was related to working of Panchayats and Municipalities. duties. (b) The District Panchayat at the district level. to confer on the Panchayats such powers and authority as may be necessary to enable them to function as institutions of selfgovernment. animal husbandry.
for a transitional area.appointed by the Governor to conduct elections to the Panchayats.g. They are of three types: (a) Nagar Panchayat. For one or more wards comprised within the territorial area of a municipality having a population of three lacs or more it would be obligatory to constitute Ward Committees. Rajya Sabha and Legislative Council. It has been specially been mentioned that they may be given the responsibility of: (a) preparation of plans for economic development and social justice. Seats are too reserved for the Scheduled Castes and Scheduled Tribes as well as for woman. This schedule contains 18 items. (b) implementation of schemes as may be entrusted to them.e. Persons who have attained the age of 21 years will be eligible to be a member while for election to the state legislature a person must have attained the age of 25 years. Courts will have no jurisdiction in this matter.government in urban areas are called by a general term Municipalities. e.. DURATION OF MUNICIPALITIES – Every municipality shall continue for five years from the date of its first meeting. The Legislature of a State may by law provide for representation in a municipality of: (1) persons having special knowledge or experience in municipal administration (2) members of Lok Sabha . and (3) the Chairpersons of Committees . Any question with respect to elections shall be referred to such authority as the State Legislature may provide by law.State Assembly. There is an important difference. POWERS AND RESPONSIBILITIES OF MUNICIPALITIES – Legislatures of States have been conferred the power to confer on the Municipalities all such powers and authority as may be necessary to enable them to function as institutions of self-government. MUNICIPALITIES Institutions of self. i. 50 CONTENTS | IAS OUR DREAM .. But it may be dissolved earlier according to law. an area which is being transformed from a rural areas to an urban area (b) Municipal Council for a smaller urban area (c) Municipal Corporation for a larger urban area COMPOSITION OF MUNICIPALITIES – The members of a municipality would generally be elected by direct election. and (c) in regard to matters listed in the 12th Schedule. QUALIFICATIONS FOR MEMBERSHIP – All persons who are qualified to be chosen to the State Legislature shall be qualified for being a member of the municipality.
duties. Any doubts with respect to elections will be examined by any authority as prescribed by the state legislature. (1) At the district level a District Planning Committee (2) In every metropolitan area a Metropolitan Planning Committee 51 CONTENTS | IAS OUR DREAM . The courts will have no jurisdiction in this matter.urban planning. A State Legislature may by law authorize a Municipality to levy. The State election commission shall have the power to conduct elections to Municipalities. roads and bridges. Apart from giving constitutional reorganization to Municipalities the 74th Amendment lays down that in every state two committees shall be constituted. public health etc. tolls etc. collect and appropriate taxes. regulation of land use.
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