Polity Term 2

TNPSC GROUP 2&2A SYLLABUS Prepared By www.winmeen.
com
WHERE TO STUDY?
SYLLABUS : UNIT-V: INDIAN POLITY
Citizenship, Fundamental rights, Fundamental duties, Directive
Principles of State Policy. Union Executive, Union legislature – State Executive, State
Legislature – Local governments, Panchayat Raj. Election - Judiciary in India – Rule of
law.
OLD BOOK
STD 6 – LOCAL SELF GOVERNMENT (Term-3)

STD 7 – POLITICAL PARTIES (Term-2)
STD 9 – THE UNION GOVERNMENT (Term-1)
STD 9 – THE STATE GOVERNMENT (Term-2)
STD 9 – RIGHTS AND DUTIES OF CITIZENS (Term-2)
STD 11 – FUNDAMENTAL RIGHTS, FUNDAMENTAL DUTIES
STD 11 - PANJAYAT
STD 12 – ORGANISATION OF STATE GOVERNMENT – TAMIL NADU
STD 12 – LOCAL SELF GOVERNMENT IN TAMIL NADU
STD 11 – ELECTION COMMISSION
NEW BOOK
STD 6 – ACHIEVING EQUALITY (Term-1)

STD 6 – LOCAL BODY (Term-3)
STD 9 – FORMS OF GOVERNMENT (Term-3)
STD 9 – LOCAL SELF GOVERNMENT (Term-3)
STD 9– HUMAN RIGHTS (Term-2)
STD 8– HOW THE STATE GOVERNMENT WORKS (Term-1)
STD 8– CITIZEN AND CITIZENSHIP (Term-1)
STD 7 – EQUALITY (Term-1)
STD 7 – POLITICAL PARTIES (Term-1)
STD 10 – CENTRAL GOVERNMENT
STD 10 – STATE GOVERNMENT
STD 9– ELECTIONS, POLITICAL PARTIES AND PRESSURE GROUPS (Term-1)
STD 11 – LOCAL GOVERNMENT (VOL 2)
STD 12 - EXECUTIVE
STD 12 – LEGISLATURE
STD 12 - INDIAN JUDICIARY
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CIVICS
5. LOCAL SELF - GOVERNMENT
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Local Self - Government
SOCIAL SCIENCE 159

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Chapter - 5
160 CIVICS
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SOCIAL SCIENCE 161

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Chapter - 5
years.
List out the important functions of the village Panchayat.
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1. Frame questions to interview the Panchayat union chairman.

2. Write a drama highlighting the activities that take place during an election.
3. Prepare a model application to be presented when you meet the Panchayat
union chairman for redressal of the local grievances.
4. What are the committees needed to be formed to have effective administration of
a school?
5. Prepare a mind map of your Panchayat union.
Village Panchayat Town Panchayat Municipal Panchayat
Panchayat union
SOCIAL SCIENCE 163

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Social Science
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?
What are ordinances?
It is an official announcement of
Governor, when the legislature is not in
session. But, the ordinances must be
ratified by the State Legislature, within
6 weeks of reassembling State
Legislature.
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Social Science
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Social Science
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Social Science
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Social Science
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script and culture. Article 30 of the

Constitution grants the right of
minorities to set up their educational
institutions.
1.
2. Mandamus
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Social Science
iii
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2. The fundamental rights are classified under _____ heads.
a) Seven b) nine c) six d) five
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Social Science
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1. Initiative :
Initiative is a method, which enables the voters to bring to the notice of

the government of the need to bring in legislation in any subjects on which the
government has not enacted a law.
There are certain procedures prescribed and minimum requirement to be fulfilled

for initiative. One of the important conditions is that a minimum of 50,000 votes should
submit a bill asking the government to enact a law of the choice of the voters.
Government may or may not accept, because this proposal of the people should
have the support of the majority of the voters of the nation.
2. Referendum :
Referendum is a procedure according to which laws enacted by the national

parliament are referred to acceptance of the electors.
Electors may accept or reject the enactment. If the electors accepted the
enactment it will become a law. Referendum is of two kinds. One is compulsory
referendum and the second is optional referendum. For this also there are certain
procedures to be followed.
3. Recall :
In democracies voters elect their representatives in the elections to various

bodies such as legislatures, local self – government, councils and a few governing
agencies.
Once elected these representative hold offices for the entire duration of the life
of the body concerned. Representatives sometimes do not perform their duties and
discharge their responsibilities.
If the electors are not happy, with their representative they cannot compel them
to do the same. They have to wait till the next elections to remove such members from
office. Therefore a demand has arisen for removing such representatives and electing
new faces in their place.
This method of removing the representatives before the completion of their

terms and electing new persons is called the method of “Recall”. This is practiced in
some countries the Switzerland and the United States of America.
7.10 FUNDAMENTAL RIGHTS IN INDIA :
There are certain basic rights, which are fundamental and essential for the living
of man. These rights promote the freedom of the individual and his well – being.
These are incorporated in the fundamental law of the country. In all modern
democracies like India, United States etc,. these basic rights are guaranteed to the
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citizens. These fundamental rights are included in part III of the constitution of India. But
they are not absolute and some reasonable restrictions are imposed on the enjoyment
of the rights by the constitution itself. The fundamental rights in India are justici able in
a court of law. They are contained from article 19 to 32.
The Supreme Court and High Courts are given the power to issue writs for
enforcement of the rights. The right to move the supreme court for the enforcement of
the rights, is itself guaranteed as a right. However, the right to property as enshrined
in the constitution removed by the 44th amendment of 1978. The following are the
important fundamental rights guaranteed in the constitution.
Right to equality :
The constitution prohibits discrimination against any citizen on grounds of

religion, race, caste or place of birth. It ensures public employment, and equality of
opportunities for all citizens. To this, there are certain exceptions.
The state can reserve certain percentage of the jobs for the scheduled castes
and tribes and backward classes in recruitment to public services and also in making
promotions.
Also, the state can prescribe in certain cases residential qualifications.
Right to freedom :
Article 19 of the constitution guarantees seven freedoms :

a. Freedom of speech and expression
b. Freedom to assemble peacefully without arms.

c. Freedom to form associations or unions.
d. Freedom to move freely throughout the territory of India.
e. Freedom to reside and settle in any part of the territory on India.
f. Freedom to acquire, hold and dispose of property.
g. Freedom to practice any profession or to carry on any occupation, trade or

business.
Article 19 itself imposes certain reasonable restrictions on the exercise and
enjoyment of the seven freedoms.
Protection of Life and Personal Liberty :
Personal liberty and the rule of law find a place in the India constitution. Article
21 guarantees that no person shall be deprived of his life or personal liberty except
according to procedure established by law.
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 No person can be convicted of any offence except for the violation of a law.
 No person can be given a penalty greater than what might have been inflicted
under the law.
 No person will be prosecuted and punished twice for the same offence.
 No person accused of any offence will be compelled to be a witness against

himself.
Right against Exploitation :
Article 23 prohibits traffic in human beings, enforced labour, and employment of

children below fourteen years, in factories, mines and other dangerous employment.
Right to Freedom of Religion :
India’s constitution guarantees religious freedom to all. Subject to certain

reasonable restrictions like public order, morality, health etc, all persons are entitled to
freedom of conscience and the right to profess, practice and propagate religion. The
constitution dabars religious instruction in all educational institutions wholly maintained
by the state.
Cultural and educational Rights :
The constitution safeguards the freedom of every minority community to practice

its own religion and conserve its own culture, language and script.
All minorities, religious or linguistic have been given the right to establish and
administer educational institutions and no discrimination can be shown in granting aid
to them.
Right To Constitutional Remedies :
According to Article 32, every citizen citizen has the right to move the Supreme
Court for the enforcement of fundamental rights. The Supreme Court has the power
to issue writs in the nature of habeas corpus, mandamus, prohibition, quowaranto and
certiorari for the enforcement of the rights. Rights have no meaning unless they are
safeguarded and enforced by the courts. According to Dr. Ambedkar, Article 32 is “the
heart and soul of the whole constitution.”
Rights and Parliament :
According to 24th Amendment the Parliament is competent to alter, abridge or

take away any of the fundamental rights by passing an amendment according to the
procedure laid down in Article 368.
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Fundamental Rights and Directive Principles :
25th Amendment inserted a new Article 31 (c) in the constitution. According to

this Article the Parliament can pass laws to implement the directive principles. Such
laws are placed outside the scope of judiciary and would not be affected by Article 14,
19 and 31.
42nd Amendment has made fundamental rights subordinate to the directive

principles. Thus directive principles are given precedence over the fundamental rights.
7.11 FUNDAMENTAL DUTIES :
A list of fundamental duties is included in the constitution of nearly 50 countries in

the world. Constitutions of more than 30 countries have a single chapter on fundamental
rights and duties; whereas others have rights and duties under separate chapters. The
part IV A imposes ten fundamental duties on the citizens of India. These duties were
incorporated in the Indian constitution by 42nd Amendment of 1976 in Article 51 A.
1. To abide by the constitution and respect its ideals and institutions, the national
flag and national anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for
freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all the
people of India transcending. religious, linguistic and regional or sectional
diversities and renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To develop the scientific temper, humanism and the spirit of inquiry and reform.
8. To protect and improve the natural environment including forests, lakes, rivers
and wild life, and to have compassion for living creatures.
9. To safeguard public property and to abjure violence.
10. To strive toward excellence in all spheres of individual and collective activity, so
that the nation constantly rises to higher levels of endeavour and achievement.
The main objective of the fundamental duties in our constitution is to change the
attitude and thinking of the people and to bring about a peaceful social transformation
in the country.
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could be motivated to achieve the purpose for which democracy existed. Aristotle
believed that the state existed for realizing the good life of the people. So is the object
of democracy in the modern times. This could be achieved only under a scheme
of decentralization of functions powers and responsibilities. This is what is called
decentralization.
Thus democratic decentralization means performing functions according to the

principles of democracy through and with the participation of the people in achieving
the objectives of the people through the implementation of people oriented welfare
programmes and projects. The essential element in decentralization is the delegation
of decision making functions. Democratic decentralization is the process of devolving
the functions and resources of the state from the centre to the elected representatives
at the lower levels so as to facilitate greater direct participation of the citizens in
governance. Another significant aspect of democratic decentralization is to bring the
bureaucratic state machinery at the lower levels under the authority of elected local
self governments. This kind of democratic decentralization requires the creation of
local level are institutions to enable ordinary citizens at lower levels to participate in
the decision making, implementation, monitoring and sharing of the benefits of the
government activities.
Decentralization and Delegation :
Decentralization should be distinguished from delegation. Decentralization

signifies the central authority divesting itself of certain powers which are given away to
the local authorities. But delegation means the transfer of certain specified functions by
the central to the local authority which acts as the agent of the former. In this arrangement
the central authority retains the rights to issue direction or revise decisions. It does not
transfer its authority and responsibility. What it does here is to ask the local authorities
to perform certain functions on it behalf or as its representative.
This kind of democratic decentralization was called by the late Primer Minister
Nehru as the “Panchayat Raj”. Hence the term “Democratic Decentralization” “is always
used to denote the Panchayat Raj Institutions.
9.3 MEANING OF LOCAL SELF – GOVERNMENT
Local self – Government, in its organization, functions and objectives, differ

from the government. It refers to an agency or organization whose concern is the
administration of the affairs, the introduction and implementation of schemes intended
to promote the welfare of the people living both in the urban and rural areas. This kind
of set – up is complementary to what a national or a state government does for the
benefit of the people.
In this connection it may be understood that government is an organization with

such bodies as the executive, legislature, and judiciary. Its jurisdiction is concerned
with its boundaries which includes the national resources and the whole population.
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Its activities are numerous and varied. They are in nature social, economic, cultural
and political. Strictly speaking almost every aspect of the governance, the exploitation
of wealth, and carrying out of programmes for the welfare of the people come under
its responsibility. From this it will be clear that the term government refers to a body
whose jurisdiction and responsibility extend to the entire area of a state and includes
the whole population. But local self – government is an agency which is concerned with
the well being of a population living in any part of the state. It deals with aspects and
problems pertaining to the area which comes directly under its jurisdiction.
Local self –government also implies that the administration of an area is

the responsibility of the people living in any one particular area or place. The local
administration, in theory, is said to be voluntary. The local self government is created in
accordance with the laws enacted by the government and functions with reference to
the terms and conditions which have been stipulated in those laws of the state. Thus it
should be clear that government and local self – government are not one and the same
in their composition and functions and in their characteristic features. Government has
a superior status while the local self – government is a subordinate agency.
9.4 NEED FOR LOCAL SELF – GOVERNMENT :
The need for local self – government arises out of the growth in size of a modern
state and the multiplication of its functions. When the area of a state is too large and
the population is too great, it becomes difficult for the government of a state to ably
administer the affairs of the state and at the same time look after and attend to the
particular needs of a particular area or the people. Problems of a local nature in the
vast area must necessarily differ and these cannot be solved by a uniform treatment.
It becomes essential, therefore to decentralize power and hand it over to people in
these local areas who can look after those affairs with greater interest, enthusiasm and
active participation or involvement. They can handle problems like sanitation, water
supply, provision of market facilities and primary education and wherever necessary
and possible, to provide facilities for education and running of transport in their areas
more efficiently than if these were to be administered by a central government in a
unitary state or by provincial or state government in a federation.
The reason for the existence and the benefits of local self – government are
many. According to Gilchrist, in the first place a local self – government is necessary
for efficiency. In an area where the people are most interested in certain acts of
government, it is in the interests of the people to have these acts performed efficiently.
For such efficient performance the people should be able to control those responsible
for the work by being able to ensure or dismiss them.
Secondly, economy is secured by local self–government. If certain acts of

government benefit only a definite area, obviously the expense of these acts should
be borne by that locality. Sometimes it may be necessary for the governments to give
grants on certain conditions; or the government many grant power grants on certain
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conditions; or the government many grant power to a local body to raise a loan for
certain specific purposes; or it may have to set a limit to which the local body can tax
the residents in its area. Taxation or rating, is the chief method of raising money in
local areas. The people who pay rates elect local boards or councils and thus largely
controls expenditure as well as managements.
Thirdly, local self – governments acts also as an agency to educate the people
in modern representative system of government. In normal modern states the citizen is
called upon only occasionally to take a personal part in the direction of national affairs,
usually to record a vote at intervals of three to five years. This may lead either to apathy
or discontent; but local government provides an actual representative system close at
hand on the proper conduct of which the ordinary things of everyday life depend. The
citizen thus becomes acquainted with public affairs. Local bodies provide an excellent
school of training for the wider affairs of central government.
Fourthly, local self – government shares the burden of the work of the government,
where there is no local self – government the governments would have to do everything
through its officials. The local self – government also assists the government in the
administration and collection of the taxes and revenues for the government in its area.
Lastly, the local bodies provide the necessary information and advice on
proposed legislation. The advice of the local bodies thus become an important aspect
in the formulation of policies of the government and enactment of laws by the
legislatures.
The information furnished above the discussion on the meaning and importance
of local self – governments make it clear, how essential the local bodies are in modern
democracies.
9.5 FUNCTIONS OF LOCAL SELF – GOVERNMENT – GENERAL :
The functions of local self – government may be divided into two broad groups.
They obligatory and discretionary. The obligatory functions are the lighting of streets
and public places, water supply, fire – control, registration of births and deaths, primary
education, hospitals and dispensaries. In short the obligatory functions include such
amenities as parks and public gardens, libraries an amusements, swimming pools,
transport, the control of food – stuffs and such other measures which promote public
safety, health and convenience.
9.6 FUNCTIONS OF LOCAL SELF – GOVERNMENT IN THE CHANGED CONTEXT:
The objects of the local self – government in the context of changing conditions
may be given as given below :
a. To work as local units of self government
b. To provide local services and public conveniences for making an individual

good citizen.
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c. To ensure planned and regulated development of the urban and rural areas.
d. To mobilize local resources and utilize for public welfare.
e. To promote social, economic and cultural development in an integrated way.
In short, it may be observed that the local bodies particularly in India are not only
field agencies for the development and maintenance of civil services and for execution
in their respective areas of national programmes but they are also the primary units of
democratic government. They are the most appropriate organizations for undertaking
local tasks of development and social welfare. Apart from providing civic amenities
for the safety and convenience of its citizens, it is their duty to mobilize local support
and public co –operation for implementation of programmes of health, maternity, child
welfare and family planning education, housing, slum clearance and improvement and
other schemes of social welfare.
9.7 CONDITIONS FOR THE SUCCESS OF LOCAL SELF – GOVERNMENT :
The success of local self – government depends upon the encouragement

and guidance that it receives from the central government and the supervision that it
exercises over local bodies. Such supervision should not mean undue interference in
the administration of local self governing institutions.
Such supervision should be wise and helpful. It should leave enough scope
for the local population to show its intelligence and initiative. No local institution will
function successfully unless the people are willing to participate in the work and are
anxious to put through new ideas and try new experiments.
This is only possible when the local population is educated and has a high civic
sense. They must be willing to perform their civic duties regularly.
Further, with the increasing number of functions, which the local authorities
have now to undertake, they must have adequate sources of revenue to manage them
property. In the absence of adequate income, local problems will remain neglected and
people will lose interest in local administration.
9.8 DEFECT OF LOCAL SELF – GOVERNMENT :
It must be noted that local self – government may tend to encourage a narrow
outlook amongst the people. Persons may view every problem from a local angle and
place their local interests above national necessity. The evils of the party system may
also creep into local administration for the promotion of their selfish interest. Efficient
government can only then become almost impossible.
There evils can only be overcome by an awareness on the part of every citizen
of his own responsibilities. No group of inefficient persons can remain in power for long
if every citizen in the locality realizes that their immediate welfare is in danger because
of the administration of the local body by such persons.
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Citizens must have civic sense or civic consciousness and must put in joint
effort to remove such incompetent persons from office at the next election. It is only
civic apathy on the part of citizens that can explain the bad administration by local
authorities. Civic consciousness also implies that the citizen must pay their taxes to the
authorities regularly and help to maintain healthy and clear conditions of living.
Every citizen must understand that he is a part of society and that is only active
co – operation on his part that can improve the life in his city or town or village. In short,
he must be activated with the spirit of social service. It is this spirit of give and take,
of doing the best that one is capable of in his relation to society, that will
improve civic life and strengthen the citizen’s faith in local self – government.
9.9 THE ORIGIN OF LOCAL SELF – GOVERNMENT :
The local self government under the British government in India began in a
modest way and the scope of it was limited. The purpose at that time were to foster
trade and to remove certain problems and difficulties. The first municipal law enacted
in 1842 was known as “The Bengal People Act, 1842”. It was applicable to the province
of Bengal as a trial measure. The performance of the local bodies under this act was
not considered successful. It was replaced by the XXVI Act of 1850 as an all India
measure. Since then several other acts were passed which led to the establishment of
local bodies like the corporation of Calcutta, Bombay etc.
In order to make the local self – government broad based and improve its working
Lord Mayo, Viceroy of India, issued an order in the form of a resolution of financial
decentralization in 1870. The object of this resolution was to promote the working in
education, public health, sanitation, medical relief and local works operations besides
to afford opportunities for the development of self – government for strengthening
municipal institutions. The second phase of the development of local self – government
was reached in 1882, when Lord Ripon paid his personal attention to providing better
opportunities of participation in the management of the public affairs.
The next stage in the growth of the local bodies was based on the recommendations
of the Royal Commission on Decentralization in 1906. The Commission was of the
opinion that the working of local bodies was a failure. It recommended among others
the grant of more powers, genuine elections with majority of not only non – official
elements but also the major strength of the elected representatives. Taking into
consideration the unsatisfactory financial condition it recommended that within the
sanctioned limits, local bodies should be allowed to determine their own taxes within
the legal frame work of the constitution. In 1918 the Government of India accepted most
of the proposals of the commission including electing majority in the local bodies with
wider suffrage. From this time onwards and particularly from the Montague Chelmsford
Report and the Government of India’s Resolution of 1918. As soon as the country
achieved independence in 1947 a new life was given and amending legislation was
undertaken in all states of India in order to democratize the organization, functions and
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working of the local bodies. During the post independence period emphasize was on
developments in the field of rural government.
This was in accordance with the views of Gandhiji whose interest was mainly
on the improvement of villages. It is significant to note that Gandhiji attributed all the
evils of modern civilization to the twin processes of industrialization and urbanization.
He thought that the only effective antidote to them was the revival of self – sufficient
villages which flourished in ancient times. Most of the leaders of free India who came to
power at the centre and in the states were his ardent disciples and they though it was
their duty to give effect to the ideas with which he inspired them. Much of the legislation
on village Panchayati Raj from 1958 was the outcome of the enormous influence that
Gandhiji’s philosophy exercised on those who were at the helm of affairs in the years
following 1947. It is not possible to give a detailed account of the evolution of the local
bodies here and the readers are advised to consult books given in the bibliography.
9.10 KINDS AND ORGANIZATION OF LOCAL BODIES IN INDIA :

Broadly the local bodies in India can be divided into two groups namely, Urban
Self – Governing Bodies and Rural Self Governing Bodies.
Urban Self – Governing Bodies :
Urban this category there are Corporations, Municipalities and Cantonment

Boards besides the Township Committees. The greater a local – governing body is,
the more are its functions and powers. The municipalities of large cities are known as
corporation. The status, structure and functions of these bodies are decided by the
government. For this purpose suitable legislation is enacted from time to time.
Rural Self – Governing Bodies
In this category comes the Panchayati Raj institutions. These bodies facilitate
the rural people to participate in and look after their own affairs themselves. This would,
ultimately, in the opinion of great leaders like Mahatma Gandhi, lead to the revival of
the ancient institution of the panchayat and contribute to the economic prosperity of the
people living in village.
The status, structure and functions of the rural local bodies were introduced in
the India according to the laws. These have undergone a sea change especially since
independence based on the recommendations of several high level commissions and
committees. A detailed account of these is given in the next few pages.
SELF – GOVERNMENT IN RURAL AREAS :
Panchayati Raj Bodies :
The meaning, importance and need for local government have been discussed
earlier in this chapter. But urban local bodies alone will not be in a position to achieve
the desired result because about seventy percent of the people in more than five lakhs
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of villages live in India. Thus the system of local government which does not provide
of the participation of the rural people in the administration would be incomplete. An
important element of the participation of the rural people in rural self – government is
that it will provide adequate encouragement for innovations and confidence in their
capacity for doing good work. With this objective in view, the government at the centre
and in the states, after independence, thought it fit to introduce the Panchayati Raj
system of administration in the rural areas in the whole of India. The Panchayati Raj
system or local self – government, has got its nucleus in the village.
Before the Panchayati Raj system was introduced, the leaders and the
Government addressed themselves to the problems that are common and the
difficulties of introducing the pachayati Raj system and hence constituted several
commissions and committees such as the one headed by Balwantrai Mehta (1957)
the Santhanam Study Team on Panchayati Raj Finances (1963), the Santhanam
Committee on supervision and control over Panchayati Raj Institutions, or the Ashok
Mehta Committee (1978) on the re – organization of Panchayati Raj Institutions.
Based on the reports and recommendations of these committees and the

exercises of the Planning Commission and other bodies relating to the Community
Development and Rural Extension Schemes, a broad based Panchayati Raj system
was established. A define step in this direction became a reality with enactment of Acts
by several governments in the State in 1958 and afterwards. Still, it is the opinion of
many that the Panchayati Raj Institutions have not been what they ought to be and they
have not been able to lay the firm foundations of grassroots democracy in their country.
However there cannot be two opinions in regard to the desirability of the continuance
of Panchayati Raj bodies and their role in the re – construction of the economy of the
villages and the social well – being of the villages.
The main object of Panchayati Raj with its three – tier system is to have a
smooth two – way channel of information, ideas and feelings from the village household
right upto the national parliament and vice versa, as Members of Parliament and
the Legislature have representation in the Panchayati Raj system. In recent times
emphasis is on social moblisation and generation of implementation of the nation –
building programmes.
9.11 PANCHAYATI RAJ SYSTEM IN TAMIL NADU BEFORE 1994 :
The Panchayati Raj system was introduced in Tamilnadu in accordance with the
provisions of the Taminadu panchayat Act 1958. At the bottom of this system there is
the village Panchayat. Above it are the Panchayat Unions and the District Development
Council. With the introduction of the new system, the District Boards were abolished
and the Panchayat Unions become their successor bodies. The area of Panchayat
Union is made co – terminus with that of the Development Programme the organization
of the Panchyati Raj Institutions in Taminadu as per the 1958 Act, can be described as
follows.
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1. Panchayats :
a) Village Panchayats
b) Town Panchayats.
2. Panchayat Union
3. District Development Council
4. Panchayat Development Consultative Committees at State level.
9.12 THE TAMILNADU PANCHAYAT ACT 1994:
The Tamilnadu Panchayat Act of 1994 is an important milestone in the growth

of Panchayati Raj institutions in Tamilnadu. In this context students of local self-
government have to remember that the experiment in local governing institutions has
not been successful as expected. Therefore there was a move at the national and
regional level that something concrete should be done to make the local governing
bodies more effective than they were. All major political parties and those who are
familiar with the functioning of the local bodies subcribe to this view. Therefore as early
as 1985 Thiru. Rajiv Gandhi who became a fullpledged Prime Minister of India, took
the initiative for strengthening these bodies. However his efforts in this direction did not
succeed as anticipated by him.
His successor Thiru. V.P.Singh of the National Front government also did not
succeed in enacting a law in this respect. Thiru. P.V. Narasimha Rao, Prime Minister
belonging to the Congress Barty government in consultation with the major Political
parties got the Constitution 73rd Amendment Act passed by parliament in December
1992 which became operative from May 1993 on its ratification by fifty percent of the
states of India.
This led to the fulfillment of the dream of Thiru. Rajiv Gandhi. This act severd
as a turning point for Panchayat Raj Institutions to perform very effectively their duties
and responsibilities. Many far- reaching changes were introduced by this act.
Every state in the Indian federation has to compulsorily implement this Act. The
elections to elect the representatives to the various organs of Panchayat Raj bodies
were mandatory. If any one state failed to comply with the requirement it was not
eligible for getting central grants.
The Panchayati Raj bodies are empowered to take decisions on 29 clearly

defined subjects, all concerning the day-today living. Their role in implementing the
decisions is much more pronounced. They are the implementing agency of the state
governments. The functions and powers given to the Panchayati Raj institutions are
enumerated in the Act mentioned above: For details please refer to the Act.
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www.tntextbooks.in
Panchayat Raj System in Tamilnadu:
In pursuance to the 73rd Amendment Act to the Constitution the Government of

Tamilnadu enacted the Tamilnadu Panchayat Act 1994. On the basis of this Act there
are in Tamilnadu now 1. 12619 Village Panchayats 2. 385 Panchayat Unions and
3.29 District Panchayats.
These bodies now function in full swing. Peoples representatives take an active
participation in every affair relating to their area and the society. Other details of the Act
and consequential developments are dealt with in the text book for the second year of
the plus two course.
Questions
Part – A
I. Choose and write the correct answer :
Which one of the following is NOT an unit of local self- government ?
a) Gram sabha b) Samithi
c) Taluk office d) Zila Parishad
II. Match the following :
a) Ashok Metha - Three tier system
b) Balwantra Metha - Village Panchayat
c)
President - District panchayat
d) Chairman - Two tier system
III. Fill in the blanks:
1. Local self government gets monetary grants from ___________ .
2. The latest Panchayat Raj act was enacted in the year _________ .
IV. True/False:
1. Rajiv Gandhi took the initiative for the present Panchayat Raj system.
2. Elections to the local bodies are conducted by state Election Commission.
Part – B
1. What is meant by local self- government?
2. Explain Gram Panchayat.
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Chapter 8
ORGANISATION OF STATE GOVERNMENT IN TAMILNADU
Introduction
The Constitution of India provides for a federal government, having separate
systems of administration for the union and the units, namely, the states. There are
29 states, 6 Union territories and one national capital territory known as New Delhi
in India. The constitution contains provisions for the governance of both the union
and the states. It lays down a uniform structure for the State Government, in part
VI of the constitution from Article 152 to 237, which is applicable to all the states,
save only the state of Jammu and Kashmir which has a separate constitution for its
government under Article 370. Broadly speaking, the pattern of government in the
states is the same as that for the union, namely, a parliamentary system. Here, let
us know the Government of Tamil Nadu in terms of the office of the Governor, the
Chief Minister, the Council of Ministers, state legislature and the judiciary, secretariat,
district administration and the below.
8.1 THE GOVERNOR
The executive power of the state is vested in the Governor and all executive
actions of the state have to be taken in the name of the Governor. But, he has to act
as the nominal head of the state due to parliamentary system. Normally, there shall be
a Governor for each state according to Article 153, but an amendment of 1956 makes
it possible to appoint the same person as the Governor for two or more states. The
Governor is not elected but is appointed by the President and holds office at pleasure
of the President. Any citizen of India over 35 years of age is eligible for the office,
but he must not hold any other office of profit, not be a member of the legislature of
the union or of any state according to Article 158. But, the Sarkaria Commission has
suggested that a person to be appointed as the Governor should satisfy the following
criteria.
1. He should be eminent in some walk of life.
2. He should be a person from outside the state.
3. He should be a detached figure and not intimately connected with local

polities of the state.
4. He should be a person who has not taken too great a part in polities generally
and particularly in the recent past and
5. In selecting a Governor in accordance with the above criteria, persons

belonging to the minority groups should continue to be given a chance as
hitherto.
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According to the Constitution, the Governor is appointed by the President by
a warrant under his hand and seal. But, in actual practice, the Governor is appointed
by the President on the recommendation of the Prime Minister. The normal term of
a Governor’s office shall be five years and he can be given another term also. Even
after the completion of his term, he continues in office till his successor joins the
office. Even though the term of office of Governor is five years, he may lose his office
by his resignation or the dismissal by the President. He receives his salary from the
Consolidated Fund of the state which is non-votable in the State Legislature.
Map 1 - Indian Union
Powers and Functions of the Governor
The Governor is the head of the state executive and he has enormous powers.
In the exercise of functions and powers, the Governor, except in certain cases, is
to be guided by the aid and advise of the Council of Ministers headed by the Chief
Minister under Article 163. As the executive head in the state level, the Governor has
following functions and powers.
A. Executive powers
B. Legislative powers
C. Financial powers
D. Judicial powers
E. Discretionary powers, and
F. Miscellaneous powers.
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A. Executive Powers
1. All executive actions of the state government are formally taken in the name
of Governor.
2. He appoints the Chief Minister and other ministers. They also hold office
during his pleasure.
3. He appoints the Advocate - General of the state and determines his

remuneration. The Advocate General holds his office during the pleasure of
the Governor.
4. He appoints the State Election Commissioner and determines his condition

of service and tenure of office.
5. He appoints the Chairman and Members of the State Public Service

Commission. Yet, they can be removed from office only by the President of
India and not by the Governor.
6. He can seek any information relating to the affairs of the state and the
proposals for legislation from the Chief Minister.
7. He can require the Chief Minister to submit for the consideration of the council
of ministers on any matter.
8. He can make rules specifying the manner in which the orders and other
instruments made and executed in his name, shall be authenticated.
9. He can make rules for more convenient transaction of the business of the
government and for the allocation among the ministers of the said business;
and
10. He can recommend for the imposition of President’s rule in the state to the
President under Article 356. During such rule, the Governor enjoys extensive
executive powers as an agent of the President.
B. Legislative Powers
The Governor is an integral part of the state legislature. But, he is not a member
in the either house of the legislature. In this capacity, he enjoys the following legislative
powers.
1. He has the right to summon or prorogue the state legislature and dissolve the
State Legislative Assembly.
2. He can address the state legislature at the commencement of the first session
after each general election and the first session of each year.
3. He can send messages to the houses of the state legislature relating to a bill
pending in the legislature.
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4. He can appoint any member of the Legislative Assembly to preside over its
proceedings when the offices of both the Speaker and the Deputy Speaker
fall vacant.
5. He nominates one - sixth of the members of the State Legislative Council

from amongst the persons having special knowledge or practical experience
in literature, science, art, cooperative movement and social service. But,
the Governor of Tamil Nadu need not do this function because, the State
Legislative Council, the upper house has been abolished since 1996.
6. He can nominate one member to the State Legislative Assembly from the
Anglo-Indian Community.
7. He decides on the question of disqualification of members of the state

legislature in consultation with the Election Commission.
8. Every bill passed by the state legislature will become law only after his
signature. But, when a bill is sent to the Governor after it is passed by the
legislature, he has the options to give his assent to the bill or withhold his
assent to the bill or return the bill for the reconsideration of the legislature.
9. He has to reserve any bill passed by the state legislature which endangers
the position of the state High Court, for the consideration of the President.
10. He can promulgate ordinances when the state legislature is not in session
under Article 213. But, these ordinances must be approved by the legislature
within six months. He can also withdraw an ordinance at anytime; and.
11. He has to lay the annual reports of the state Finance Commission, the State
Public Service Commission and the Comptroller and Auditor General relating
to the accounts of the state, before the state legislature.
C. Financial Powers
1. The Governor has to see that the state budget known as the Annual Financial
Statement is laid before the legislature.
2. Money Bills can be introduced in the state legislature only with his prior
recommendation.
3. No demand for any grant can be made exception on his recommendation.
4. He can make advances out of the state Contingency Fund to meet any
unforeseen expenditure; and
5. He constitutes a Finance Commission after every five years to review the

financial position of the panchayats and the municipalities.
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D. Judicial Powers
1. The Governor can grant pardons, reprieve and remissions of punishment or
suspend, remit and commute the sentence of any person convicted of any
offence. But, the pardoning power of the Governor differs from the president
in following ways.
a. The President can pardon the death sentence while the Governor
cannot.
b. The President can pardon the sentences inflicted by court martial
whereas the Governor can not.
2. He is consulted by the President while appointing the judges of the concerned
state High Court.
3. He makes appointments, postings and promotions of the district judges in
consultation with the High Court; and
4. He appoints the persons to the judicial service of the state in consultation
with High Court and the Public Service Commission.
E. Discretionary Powers
1. The Governor reserves a bill for the consideration of the president.
2. He recommends for the imposition of the President’s rule in the state.
3. He seeks information form the Chief Minister relating to the administrative
and legislative matters of the state.
4. He can call the leader of any party to form ministry in the state when there
is no clear-cut majority to any party in the Legislative Assembly after the
general elections
5. He can dismiss the Council of Ministers when it is unable to prove the
confidence of the Legislative Assembly; and
6. He can dissolve the Legislative Assembly if the Council of Ministers has lost
its majority.
F. Miscellaneous Powers
In addition to the functions and powers mentioned above, the Governor
exercises the following miscellaneous function also.
1. The Governor receives the annual report of the State Public Service
Commission and submits the same to the Council of Ministers and the state
legislature for discussion; and
2. He receives the report of the Auditor - General regarding income and
expenditure made by different departments under the State Government.
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Constitutional Position
The Constitution of India provides for a Parliamentary form of Government

in the centre and in the states. Consequently, the Governor has been made only a
nominal executive and the real executive constitutes the council of ministers headed
by the Chief Minister. As a result, the Governor has to exercise his powers and
functions with the aid and advise of the council of ministers headed by the Chief
Minister. As a matter of fact, the constitution has assigned a dual role to the office of
Governor in the Indian federal system, namely, the constitutional head of the state
and the representative of the centre, ie the President. The following list shows the
Governors of Tamil Nadu since 1952.
S.No. Name of Governors Period

1. Thiru Shriprakasha 1952 - 56
2. Thiru A.J. John 1956 - 57
3. Thiru Vishnuram Methi 1958 - 64
4. Thiru J.V. Bhahadur 1964 - 66
5. Thiru Sardar Ujjal Singh 1966 - 71
6. Thiru K.K. Shaw 1971 - 76
7. Thiru Mohanlal Sugadia 1976 - 77
8. Thiru Prabudas Patwari 1977 - 80
9. Thiru Sadiq Ali 1980 - 82
10. Thiru Sundarlal Khurana 1982 - 88
11. Thiru P.C. Alexandar 1988 - 90
12. Thiru Surjeeth Singh Barnala 1990 - 91.
13. Thiru Bisma Narain Singh 1991 - 93
14. Thiru M. Chenna Reddy 1993 - 96
15. Thiru Krishnakanth 1996 - 97
16. Miss Fathima Bevi 1997 - 01
17. Thiru C. Rangarajan 2001 - 02
18. Thiru Ram Mohan Rao 2002 - 04
19. Thiru Surjeeth Singh Barnala 2004 - 11
20. Thiru K. Rosiah 2011 - 16
21. Thiru CH. Vidyasagar Rao (Acting) 2016 - Till date

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8.2 THE CHIEF MINISTER
According to the Constitution of India, the Governor is the nominal head and
the Chief Minister is the real head in the state executive. Since the parliamentary
form of government exists, we find two types of heads. Thus, the position of the
Chief Minister at the state level is anoalogus to the position of Prime Minister at the
Centre. Every state shall have a Council of Ministers headed by the Chief Minister to
aid and advise the Governor in the exercise of this powers and functions, except the
discretionary ones under Article 163. The Chief Minister is appointed by the Governor.
Actually, after the general elections to the state Legislative Assembly are over, the
Governor calls the leader of the majority party to form ministry in the state. The Chief
Minister shall hold office during the pleasure of the Governor. However, the normal
term of office of the Chief Minister is five years. But, he may lose the office due to his
resignation and the imposition of state emergency under Article 356.
Powers of Chief Minister
The Chief Minister is the chief of state administration. He has enormous

functions and powers. The following are the functions and powers of the Chief Minister.
A. Relating to the council of ministers
B. Relating to the Governor
C. Relating to the State Legislature
D. Other functions and powers.
A. Relating to the Council of Ministers

As the head of the Council of Ministers, the Chief Minister enjoys the following
functions and powers.
1. The Chief Minister recommends the persons who can be appointed as
ministers by Governor.
2. He allocates the portfolios among the ministers.
3. He shuffles and reshuffles his ministry.
4. He can ask a minister to resign or to advise the Governor to dismiss him in

case of difference of opinion.
5. He presides over the meetings of the Council of Ministers and influences its
decisions.
6. He can bring about the collapse of the council of ministers by resigning from
office; and
7. He guides, directs, controls and coordinates the activities of all the ministers.
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B. Relating to the Governor
1. The Chief Minister is the principal channel of communication between the

Governor and the Council of Ministers under Article 167, and
2. He advises the Governor in relation to the appointment of the following

officials.
(a) Advocate General
(b) State Election Commissioner
(c) Chairman and Members of the State Public Service Commission.
(d) Chairman and Members of the State Planning Commission
(e) Chairman and Members of the State Finance Commission.
C. Relating to State Legislature
1. The Chief Minister advises the Governor with regard to the summoning and
proroguing the sessions of the state legislature.
2. He announces the government policies on the floor of the house.
3. He can introduce the bills in the Legislative Assembly; and
4. He can recommend for the dissolution of the Legislative Assembly to the

Governor anytime.
D. Other function and powers
1. As the leader of the ruling party, the Chief Minister has to control the party
and develop the disciplines
2. As the leader of the state, he has to keenly consider the demands of the
different sections of the people.
3. As the political head of the various services, he has to supervise, control and
co-ordinate the secretaries of various departments in the state level.
4. For smooth functioning of the state and for good centre-state relations, he
has to develop a rapport with the union government; and
5. The size of the ministry is decided by the Chief Minister. However, only 15
percent of the members of the Legislative Assembly can be made as ministers
due to the recent constitutional amendment.
Thus, the Chief Minister plays a very significant and highly crucial role in the
state administration. However, the discretionary powers of the Governor have slightly
reduced the role and importance of the Chief Minister only in a few states where the
Governors have special provision. But, it is not so in the states like Tamil Nadu.
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Chief Ministers of Tamil Nadu Since 1952
A list of Chief Ministers of Tamil Nadu from 1952 onwards is given below:
In Tamil Nadu, every Chief Minister has had their own place among the
people. They have introduced the social welfare programmes and the development
programmes according to their thoughts and principles to achieve the socialistic
pattern of society in the state. Especially, for the welfare and development of the
downtrodden, scheduled castes and the scheduled tribes, they have taken various
efforts through various programmes of all departments, transport stands first not only
in the state but also in the national level. This has been achieved mainly by the serious
efforts of the Chief Ministers of different periods in Tamil Nadu.
S.No. Name of the Chief Ministers Party Year

1. Thiru . C. Rajagopalachariar Congress 1952 - 54
2. Thiru. K. Kamaraj Congress 1954 - 63
3. Thiru. M. Bhakthavath chalam Congress 1963 - 67
4. Thiru. C.N. Annadurai DMK 1967 - 69
5. Thiru. N. Karunanidhi DMK 1969 - 76
6. Thiru. M.G. Ramachandran AIADMK 1977 - 87
7. Tmt. Janaki Ramachandran AIADMK Jan 1988
8. Thiru. M. Karunanidhi DMK 1989 - 91
9. Selvi. J. Jayalalithaa AIADMK 1991 - 96
11. Thiru . O. Panneerselvam AIADMK 2001 - 02
15. Thiru. O. Panneerselvam AIADMK 2014 - 15
17. Thiru. O. Panneerselvam AIADMK 2016 - Till date
8.3 COUNCIL OF MINISTERS
The constitution of India under Article 163 provides that there shall be a Council
of Ministers with the Chief Minister as its head to aid and advise the Governor in
every state. Accordingly, the Governor is a nominal head and real powers of the state
government vests in the Council of Ministers in Tamil Nadu. Though the Governor
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has discretionary powers, he rarely exercises them. As already stated, the Governor
appoints the Chief Minister and on his recommendation other ministers are appointed.
There is no fixed term of office prescribed for the ministers and they hold office during
the pleasure of the Governor. However, the normal term of office of the minsters is
five years. The salaries and allowances of the ministers are determined by the state
legislature from time to time.
Since parliamentary form of government is followed in the states as in the

Union Government, the ministers are individually and collectively responsible to the
state Legislative Assembly in which they are members. As a result, the ministers
work as a team. “All for one and one for all” policy works in the functioning of the
Council of Ministers. A minister can not separate himself from the collective decision
of the ministry. The Council of Ministers remains in power so long as it commands
the confidence of the Legislative Assembly. If a no - confidence motion is passed in
Legislative Assembly, the Council of Ministers headed by the Chief Minister has to
tender resignation. This is known as collective responsibility.
As far as the size of the Council of Ministers is concerned, it is not uniform in all
the states in India. The Administrative Reforms Commission (ARC) suggested, “Taking
a broad view of the needs of the administration in different states, we consider that big
states like Uttar Pradesh, Bihar, Madhya Pradesh and Maharashtra may have about
20 persons in the Council of Ministers. The middle sized states like Madras (now Tamil
Nadu), Karnataka and Andhra Pradesh may have 14 to 18 ministers and the small
states like Kerala, Haryana and Punjab may have 8 to 12 ministers”. However, the
size of the Council of Ministers depend on the Chief Minister of the state concerned.
But, the number of ministers should not exceed 15 percent of the total members
of the state legislative Assembly due to the recent Constitutional Amendment Act.
Each minister has to be a member in the state Legislative Assembly. If not, he has to
procure this membership within six months. In Tamil Nadu, according to the strength
of Legislative Assembly (234 members), the number ministers may be upto 34, ie 15
percent of 234. The functions and powers of the Council of Ministers in Tamil Nadu
are following.
1. The Council of Ministers maintains law and order and security of life and
property of the people in the state.
2. It formulates and decides the policies of the state and implements them
effectively.
3. It decides the legislative programmes of the Legislative Assembly and

sponsor all important bills.
4. It controls the financial policy and decides the tax structure for the public
welfare of the state.
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5. It chalks out programmes and schemes for the socioeconomic changes so
that the state makes headway in various inter-related fields.
6. It makes the important appointments of the Heads of Departments.
7. It discusses and takes efforts on the dispute with other states
8. It advises the Governor on the appointment of Judges of the subordinte

courts.
9. It considers state’s share of work in the Five Year Plans and determines its
obligations.
10. It frames the proposal for incurring expenditure out of state reserves.
11. It decides all the bills whether ordinary bills or money bills to be introduced in
the Legislative Assembly.
12. Each minister of the Council of Ministers supervises, controls and coordinates
the department concerned; and
13. Annual Financial Statement called as the Budget is finalised by the Council
of Ministers.
With regard to an appraisal, the Council of Ministers is the guide and master of
the legislature especially the legislative Assembly in the state. Besides, the ministers
are the formulators and executors of public policies of the state. However, the state
legislative Assembly enjoys the right of passing a no-confidence motion against
a ministry. Hence, the ministers are also subjected to severe criticism during the
question hour in the state legislature. In Tamil Nadu, the no-confidence has not been
passed against a ministry so far. But, K. Kamaraj resigned from chief ministership in
1963 due to Kamaraj plan. The ministry of M.G. Ramachandran was dissolved 1980
due to the state emergency under article 356. As such, the ministry of M. Karunanithi
was dissolved 1991 due to the state emergency. In short, the council of ministers
headed by the Chief Minister decides any or every thing for the welfare of the people
in the state.
8.4 LEGISLATURE IN TAMIL NADU
The Legislature of a state consists of the governor and one or two houses. A
State Legislature may be unicameral or bicameral. At present only 5 states have the
bicameral legislatures, namely, Bihar, Karnataka, Maharashtra, Uttar Pradesh, and
Jammu and Kashmir.
Legislative Assembly is the Lower House or First Chamber or the Popular

Chamber in a state and the Legislative Council is the Upper House or Second
Chamber. Hence, the state legislature includes the Legislative Assembly and the
Legislature Council. The legislature of Tamil Nadu had bicameralism upto 1986 in
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which the Legislative Council, the second chamber was abolished during the AIADMK
government headed by M.G. Ramachandran as the Chief Minister. Hence, the
legislature follows unicameralism as the Legislative Assembly is the only one house.
However, we have to study the both the houses of Tamil Nadu legislature.
1. Legislative Council
The Legislative council is a mere ornamental chamber and its very existence
is depending on the will of the Legislative Assembly. Under the constitution, the
Legislative Council can be created or abolished by a simple Act of Parliament on the
recommendation of the state concerned under Article 169. But, the recommendation
of state Legislative Assembly to create or abolish the Legislative Council should be
supported by a special majority i.e., two-third majority.
Composition
The members of the Legislative Council shall not be more than one-third of the
total members of the Legislative Assembly, but not less than forty. The Legislative
Council of Tamil Nadu had 63 members. Normally, it is constituted by a mixture of
direct election, indirect election and nomination. Elections to the Legislative Council
are to be held by the system of proportional representation by single transferable vote
system in the following manner (Article: 170-171).
(a) 1/3 members shall be elected by the Legislative Assembly
(b) 1/3 members shall be elected by the municipalities, district boards and other
local authorities as specified by parliament by law.
(c) 1/12 members shall be elected by the graduates constituencies.

(d) 1/12 members shall be elected by the teacher’s constituencies; and
(e) 1/6 members are nominated by the Governor From amongst persons who
have distinguished themselves in the fields of literature, art, science, social
service and cooperative movement.
Qualifications and term
According to the Constitution, a person should have the following qualifications

for the election to the Legislative Council.
(i) He must be a citizen of India.

(ii) He must have attained 30 years of age. and
(iii) He must possess such other qualifications as may be laid down by parliament.
Relating to the term of the Legislative Council, it is a continuing body, not

subject to dissolution. Like the Rajya sabha of Parliament, its one-third members
retire after every two years. A member of the Council has a six year term and he may
be re-elected to the council.
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Functions and powers
1. Ordinary bills may be introduced in this Legislative Council.
2. It ratifies the money bills passed by the legislative Assembly.
3. It can delay 14 days on money bills and 30 days on ordinary bills passed by
the Legislative Assembly.
4. It elects its Chairman and the Deputy Chairman amongst the members.
5. It constitutes various committees for various business and

6. It ratifies the ordinances promulgated by the Governor.
Generally, the Legislative Council is a mere ornamental body and hence it is
considered as weak house. It does not take part in the election of the president or in
the ratification of the Constitutional Amendment Bills. In short, the Legislative Council
is powerless in relation to the Legislative Assembly. To call it a Second Chamber
or Upper House of a state legislature is a misnomer. As already stated, Legislative
Council is not in the Legislature of Tamil Nadu. Hence, Tamil Nadu has the unicameral
legislature
2. Legislative assembly
In every state, the legislature means the legislative Assembly, even in the
State where the legislative council exists. Actually, the Legislative Assembly is the
first chamber or Lower House of the state legislature. Tamil Nadu legislature has only
one house known as Legislative Assembly.
Composition
According to Article 170 of the Constitution, the Legislative Assembly of a

state shall consist of not more than 500 and not less than 50 members. However,
the parliament has the power to fix the minimum strength of a Legislative Assembly
through the amendment of the constitution. The Legislative Assembly of Tamil Nadu
consists of 235 members out of which 234 members are directly elected by the people
from the constituencies on the basis of adult franchise and one member is nominated
by the Governor from the Anglo-Indian community. However, seats shall be reserved
in the house for the scheduled castes and scheduled tribes.
Qualifications
A Person seeking election to the Legislative Assembly should have the following
qualifications.
(i) He must be a citizen of India.

(ii) He must have attained 25 years of age and,
(iii) He must possess such other qualifications as may be prescribed by the
parliament by law.
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Tenure
Normally, the term of the Legislative Assembly is five years except the state of
Jammu and Kashmir where it has six years duration. However, it may be dissolved by
the Governor at any time as result of the presidential order promulgated under Article
356 which is called as the state emergency. But, in case of National Emergency under
Article 352, the tenure of the Legislative Assembly can be extended by parliament but
not beyond one year at a time. Yet, fresh elections must take place within six months
after the proclamation is withdrawn. Besides, the Chief Minister may voluntarily come
forward to recommend for the dissolution of the Assembly to the Governor even before
the expiry of the tenure.
Powers and Functions
In Tamil Nadu, the Legislative Assembly is a multi-functional political institution.

It exercises the following powers and functions.
1. Making a law on any subject included in the State List as well as in the
concurrent List, subject to the restraints imposed by the constitution.
2. Making and un-making the government.
3. Controlling the finances of the state.
4. Introducing the Money Bills and passing them.
5. Giving approval or disapproval to a Constitutional (Amendment) Bills passed
by the parliament and referred to the states by the president for ratification.
6. Considering the reports submitted by the Tamil Nadu Public Service
Commission, Auditor General and others.
7. Constituting various committees for various business.
8. Electing its Speaker and the Deputy speaker.
9. Initiating for no-confidence motion against the ruling government, and
10. Participating in the election of the president of India.
The above stated powers belong to the Legislative Assembly alone. Thus,
in theory and practice, the Legislative Assembly has enormous powers. Hence, the
Members of Legislative Assembly (MLAs) have more powers and functions rather
than the Members of Legislative Council (MLCs). But, in Tamil Nadu we have MLAs
and not MLCs.
As far as other important offices of the legislature are concerned, the Legislative
Assembly elects its Speaker and the Deputy speaker. As such, the Legislative Council
elects its Chairman and the Deputy chairman. Above all, the Advocate General is the
only non-member of the state legislature who has the right and power to take part in
the proceedings of the legislature, as the Attorney General of the Union Government.
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Constitution of Legislative Assemblies in Tamil Nadu
Since 1951-52, general elections were held for electing the representatives
to the Tamil Nadu Legislative Assembly. Details of political parties winning in the
elections are given below:
S.No Year Ruling party

1. 1952 Congress
2. 1957 Congress
3. 1962 Congress
4. 1967 DMK
5. 1971 DMK
6. 1977 AIADMK
7. 1980 AIADMK
8. 1985 AIADMK
9. 1989 DMK
10. 1991 AIADMK
11. 1996 DMK
12. 2001 AIADMK
13. 2006 DMK
14. 2011 AIADMK
15. 2016 AIADMK
8.5 HIGH COURT AND THE SUBORDINATE JUDICIARY
Apart from the Legislature and the Executive, the third branch of the
Government of Tamil Nadu is judiciary. The judicial system of Tamil Nadu consists of
two categories of courts, namely, High Court and the subordinate courts. The seat of
High Court is in Chennai in Tamil Nadu and the seats of subordinate courts are in the
district headquarters and below. Here, let us study the judicial system in Tamil Nadu
in general.
High Court
The High Court stands at the head of the Judiciary in Tamil Nadu. It consists
of a Chief Justice and several other judges. The Chief Justice is appointed by the
President of India. Other judges are appointed by the President after consultation with
the Chief Justice of Supreme court, the Governor of the state and the Chief Justice of
the High court. Besides, the President has the power to appoint additional judges for a
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temporary period not exceeding two years, for the clearance of arrears of work in High
Court and an acting judge, when a permanent judge of the High Court is temporarily
absent or unable to perform his duties or is appointed to act temporarily as Chief
Justice. A Judge of High Court shall hold office until the age of 62 years. Every judge
permanent, additional or acting, may vacate his office earlier in any of the following
ways.
1. By resignation in writing and adressed to the President.
2. By being appointed a Judge of the Supreme Court or being transferred to any

other High Court, by the president; and
3. By removal of the President on an address of both Houses of Parliament on

the ground of proved misbehaviour or incapacity.
Qualifications
The qualifications laid down in the constitution for the appointment as a High
court Judge are following:
1. He must be a citizen of India
2. He must not be over 62 years of age.
3. He must have held a judicial office in the territory of India. or,
4. He must have been an advocate of a High Court for at least 10 years.
Independence of the Judges
As in the case of the Judges of the Supreme Court, the constitution seeks
to maintain the independence of the Judges of the High Courts by the following
provisions.
1. The Judges of the High Court are important constitutional authorities.
2. The salaries and allowances of the Judges are charged from the Consolidated
Fund of the state.
3. Salaries and allowances payable to a Judge and rights in respect of leave

and pension can not be varied by the parliament to his disadvantage after his
retirement, except under the Financial Emergency under Article 360.
4. The removal of a Judge is followed by a strict procedure like that of the

removal of a Judge of the Supreme Court; and
5. A Judge should not hold any office of profit after his retirement.
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Jurisdiction and powers
The High Court of Chennai has the following jurisdiction and powers as per the
constitution.
1. Original Jurisdiction
The High Courts at the three presidency towns of Bombay, Calcutta and
Madras had an original jurisdiction, both civil and criminal, over cases arising within
the respective presidency towns. The original criminal jurisdiction of the High Court
has, however, been completely taken away by the criminal procedure code, 1973.
Though city civil courts have also been set up to try civil cases within the same area,
the original civil jurisdiction of these High Courts has not altogether been abolished
but retained in respect of actions of higher value.
2. Appellate Jurisdiction
The High Court is the highest court in the state of Tamil Nadu. It has appellate
jurisdiction in both civil and criminal cases. On the civil side, an appeal from the
decision of District Judge and from that of a subordinate Judge in cases of higher
value, lie direct to the High Court.
3. Writ Jurisdiction
According to B.R. Ambedkar, the Chairman of the Drafting Committee of the

Constitution of India, Article 32 is the soul and heart of the constitution, because, it
safeguards the rights, liberty and privileges of every citizen of India in terms of writs.
As such, the High Court has the writ jurisdiction under Article 226. There are five writs,
namely, Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-warranto.
4. Power of Superintendence
The High Court has the power of superintendence over all courts and tribunals
throughout its territorial Jurisdiction, except military tribunals. Indeed, it has a wide
power.
5. Head of State Judiciary
As the head of the state judiciary, the High Court has got an administrative
control over the subordinate judiciary in respect of certain matters, besides its
appellate and supervisory jurisdiction over them. Thus, the High Court is powerful.
Also, it acts as the court of records. Above all, it has the bench jurisdiction in which
the most important and burning cases of the state are settled.
Subordinate Courts
The subordinate courts are divided into two categories, namely, the civil courts
subject to the civil procedure code and the criminal courts subject to the criminal
procedure code. According to the All India Judges Association case (1989), the
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Supreme Court directed to bring a uniform designation in the subordinate judiciary’s
judicial officers all over the country - District or Additional District Judges, Civil Judge
(Senior Division) and the Civil Judge (Junior Division) on the civil side and Sessions
Judge, Additional Sessions Judge, Chief Judicial Magistrate, and Judicial Magistrate
on the criminal side as laid down in the criminal procedure code. The chart below
shows the hierarchy of courts in the subordinate courts.
In addition, there are courts known as small causes courts. These courts are
set up either under the Provisional Small Causes Act at the district level or under the
Presidency Small Causes Court Act in presidency or metropolitan down.
The constitution provides that a District Judge shall be appointed by the Governor
in consultation with the High Court of the state concerned and the posting including
transfer and promotion are made in like manner. Relating to the appointment in any
other post of the state judicial service, the constitution says that such appointment
may be made by the Governor of the state in accordance with the rules framed by
him in consultation with the State Public Service Commission and the High Court. The
administrative control over the members of subordinate judicial service vests with the
High Court under Article 235 of the constitution.
Family Courts
In addition to the hierarchy of regular courts, family courts also are constituted
in various states in India. According to Family Courts Act of 1984, these courts have
powers and jurisdiction to enquire into the cases relating to marriages and family
affairs with a view to settle cases without much expenditure and going to regular
courts which are expensive. Matters such as dispute within the family, divorce, dowry
harrassment, etc. are looked into by these courts. These courts follow the Civil
Procedure Code.
The chart showing hierarchy of subordinate courts
Civil side Criminal side
1. District Judge Sessions Judge
 
2. Additional District Judge Additional Sessions Judge
 
3. Civil Judge (Senior Division) Chief Judicial Magistrate.
 
4. Civil Judge (Junior Division) Judicial Magistrate
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8.6 SECRETARIAT
In India, every state has its own secretariat. It is the nerve centre of the state
administration. It comprises of several departments of the government. The political
head of a department is the minister and the administrative head of the department
is the secretary. The Chief Secretary is the head of the entire secretariat while a
Secretary is the head of one or two departments. The Secretary is usually a senior
IAS officer, a generalist. An exception to this rule is the public works department
which is headed by the Chief Engineer, a specialist. In Tamil Nadu, the secretariat is
called as the chief secretariat which is situated at St.George Fort, Chennai.
Departments
Generally, the number of departments in secretariat differs from state to state.

It ranges from 15 to 35 departments. The departments which are included in the Chief
Secretariat in Tamil Nadu, are following.
1. General Administration
2. Home
3. Finance
4. Personnel and Administrative Reforms
5. Revenue
6. Jail
7. Forest
8. Agriculture
9. Labour and Employment

10. Panchayat Raj
11. Public works
12. Education
13. Planning
14. Irrigation and Power
15. Law
16. Social Welfare
17. Housing
18. Civil supplies
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19. Transport
20. Local Government
21. Excise and Taxation
22. Industries
23. Publicity and information
24. Cooperation
25. Health
Hierarchy of Personnel
The Chief Secretariat of Tamil Nadu consists of officers who are appointed for
a fixed tenure. The retirement age of government servants in Tamil Nadu is 58. The
secretariat consists of officers belonging to All India Service and the officers recruited
by the Tamil Nadu Public Service Commission. The hierarchy of the secretariat
officers in a department is following.
Secretary

Additional Secretary

Joint Secretary

Deputy Secretary

Assistant Secretary

Under Secretary

Section Officer

Assistant Section Officer

Assistants

Steno-Typists and Typists

Office Assistants
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Functions of Secretariat
The secretariat is a staff agency by which it has to advise the executive

departments in the implementation of the public policies. Its basic function is to assist
the minister in the fulfillment of his role. It performs the following functions.
1. The secretariat formulates the policies and programmes of the state

government.
2. It coordinates the policies and programmes of the state government.
3. It prepares the state budget and imposes control on public expenditure.
4. It frames legislation, rules and regulations.
5. It supervises the implementation of policies and programmes by the field

agencies.
6. It reviews the results of the execution of public policies.
7. It maintains contacts with the control and other state governments.
8. It takes initiative measures to develop greater organisational competence

through O&M.
9. It assists the ministers in discharging their responsibilities to the legislature,

like answering the questions asked by the members of the legislative
Assembly.
10. It appoints the heads of departments and looks into the consequent
establishment work like salary.
11. It approves the service rules and their amendments.

12. It explores the possibilities of improving the financial position of the state.
13. It serves as a think-tank of the state government.
14. It assists the chief secretary in the proper functioning of the secretariat; and
15. It receives the complaints, representations and appeals from the people and
solve them.
Chief Secretary
The Chief Secretary is the executive head of the state secretariat. He is the
administrative head of the state administration and stands at the apex of the hierarchy
of state administration. In fact, he is the chief of the secretaries and controls all the
secretariat departments. He is the senior-most civil servant in the state. He has
the powers and functions mentioned in the ‘Rules of Business’ framed by the state
government. He also receives some of his powers from conventions. He performs the
following primary and other functions.
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Primary Functions
1. As an advisor to the Chief Minister, the Chief Secretary explains the

administrative implications of the proposals forwarded by the state ministers.
2. As secretary to the cabinet, he prepares the agenda for cabinet meetings

and keeps the records of its proceedings.
3. As the head of civil service, he deals with all cases related to appointment,
transfers and promotion of senior state civil servants.
4. As chief coordinator, he works towards ensuring inter departmental

coordination. He is the chairman of coordination committees set up for
resolving the interdepartmental disputes.
5. As the head of certain departments, he supervises and controls them; and
6. As crisis administrator, he plays a very significant role in the time of crisis like
flood, drought, communal disputes, etc in the state.
Other Functions
1. The Chief Secretary acts as the residual legatee, ie, he looks after all the
matters not included within the purview of other secretaries.
2. He exercises general supervision and control over the entire secretariat.
3. He acts as the secretary, by rotation, of the Zonal Council in which the state
concerned is a member.
4. He has administrative control over the secretariat building, staff attached to

the ministers, the secretariat library, the conservancy and ward staff of the
secretariat departments.
5. He is the principal channel of communication among the state government,

the central government and the other state governments.
6. He plays an important role in the administration of law and order and planning.
7. He acts as a spokesman of the state government.
8. He attends the meetings of the National Development Council.
9. He acts as the chief public relations officer of the state government; and
10. He acts as the chief advisor to the governor when president’s rule is imposed
in the state under Article 356 of the constitution, when the central advisors
are not appointed.
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Thus, the Chief Secretariat of Tamil Nadu is the nerve centre of state
administration in general. As such, the Chief Secretary who is the chief all secretaries,
is the nerve system of secretariat administration in particular in the state of Tamil
Nadu.
8.7 DISTRICT ADMINISTRATIVE STRUCTURE
District is the basic unit of administration in India. The Oxford Dictionary defines
it as a “territory marked off for special administrative purpose”. A district is generally
named after the largest town or city of the territorial area of the concerned district.
Therefore, a district is an administrative unit in the hierarchy of administration which
consists of a number of territorial areas, namely, villages, towns and cities. Hence,
the word ‘DistrictAdministration’ means the management of the tasks of government
as it lies within an area legally recognised as a district. The five types of the district
in India are the rural district, urban district, industrial district, backward district and the
hill district.
Features of District Administration
Generally, the district administration has the following features.
1. It is at district level that the state government comes into contact with the
people.
2. District administration is a field work as opposed to staff or secretariat

functions.
3. The problems at the district level are local relating to the district.
4. At district level, policy formulation ends and the implementation begins.
5. The District Officer is the last agent of the state government and the ‘man of
the spot’ for any activity or incidence in the district; and
6. At the district, there is functional aggregation of units. A large number of

departments have their field agencies located in the district.
District Level Functionaries
The District Collector is the head of district administration. The office of the
collector at first was created by Warren Hastings in 1772 for the dual purpose of
collecting revenue and dispensing justice. Strictly speaking, the collector is for the
collection of land revenue in the beginning. But, at present, there are enormous
functions to the district collector. The general roles and the functions of the district
collector are following:
1. As Collector, he has to collect land revenue.
2. As District Magistrate, he has to maintain law and order in the district.
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3. As District Officer, he has to deal with the personnel matters like salary,
transfer, etc within the district.
4. As Development Officer, he is responsible for the implementation of rual

development programmes.
5. As the Returning Officer, he is the chief for the elections to the Parliament, the
State Legislative Assembly, and the local government in the district. Hence,
he coordinates the election works at the district level.
6. As the District Census Officer, he conducts the census operations once in

ten years.
7. As the Chief Protocol Officer, he has to protect the VIPs in their tour and stay
in the district.
8. As the coordinator, he supervises the district level other functionaries and

departments.
9. He presides over the District Plan Implementation Committee.
10. He acts as the official representative of the state government during the
ceremonial functions in the district.
11. He acts as the Public Relations Officer of the state government.
12. He acts as the Crisis Administrator in chief during the natural calamities and
other emergencies.
13. He supervises and controls the local government institutions.
14. He handles the work pertaining to civil defence; and
15. He is responsible for civil supplies, food and other essential commodities.
Hence, the District Collector is the multi-functionary in the district level. In fact,
the work-load functions are more to a collector due to the welfare state policy in which
the government has to implement a large number of programmes for the people.
Actually, the office of the District Collector is very much prestigeous. The District
Collector is the hero of the district administration. The other important district level
functionaries are following.
1. Superintendent of Police
2. District Medical Officer
3. District Health Officer
4. District Forest Officer
5. Assistant Registrar of Cooperative Societies
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6. District Agricultural Officer.
7. District Industries Officer
8. District Judges
9. Backward Class Welfare Officer
10. Superintendent of Jails
11. District Labour Officer
Division Level
In Tamil Nadu, Revenue Divisional Officer is the head of divisional administration

especially for revenue administration and for the maintenance of law and order.
But, the development administration is headed by Assistant Director (Development)
(Formerly by the Divisional Development Officer - DDO) in the division level. Under
AD (Development), there are functionaries namely, extension officers for agriculture,
cooperation, industry, eduction, animal husbandry, etc.
Taluk Level
Tahsildar is the head of taluk level administration in Tamil Nadu. For assisting
him, the Deputy Tahsildars are there in the Tehsil. This is for the revenue administration.
For the development administration, panchayat unions are there in the state. The
Panchayat Union Commissioner or Block Development Officer (BDO) is the head and
there are extension officers for agriculture, health, cooperation, animal husbandry,
education, and industry.
Firka Level
Revenue Inspector is the head of Firka level revenue administration. Every

taluk is divided into many firkas in Tamil Nadu. But, the nomenclature of this level
differs from state to state.
Village Level
Village Administrative Officer is the head of village level administration. He is

the most important functionary in the field especially in the village. Under him, there
are village level workers. He performs revenue, police and general administrative
duties and acts as the representative of the government in the village.
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Exercise
Part A
I. Fill in the blanks
1. State Government is dealt with in ______ part of the constitution of India.
2. The Governor is the ______ head of the state executive.
3. The Council of Ministers in the state is responsible to ______
4. K.Kamaraj tendered his resignation of chief ministership in 1963 due to

______
5. The Upper House of State Legislature is ______
6. The Judges of the High Court are appointed by ______
7. The tenure of Members of Legislative Council is ______
8. The administrative head of a department in the secretariat is ______
9. Five kinds of writs are Habeas Corpus, Mandamus, Certiorari, Prohibition

and ______
10. District Administration is ______ administration.
II. Match the following
11. Article 370 – Governor
12. Article 153 – Chief Minister
13. Article 163 – Legislative Council
14. Article 169 – Jammu & Kashmir
15. Article 170 – Legislative Assembly
16. Article 352 – National Emergency
Part B
17. Write the constitutional position of the Governor.
18. Describe the functions of the Council of Ministers.
19. Explain the qualifications prescribed for a person seeking election to the
Legislative Assembly?
20. Who is an Administrative Officer?
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Part C
21. Write a note on the Legislature of Tamil Nadu.
22. What are the jurisdictions of the High Court?
23. Write a short note on Chief Secretary.
Part D
24. Discuss the powers and functions of the Governor.
25. Describe the roles and functions of the Chief Minister.
26. Describe the role and functions of the District Collector.
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Chapter 9
LOCAL SELF GOVERNMENT IN TAMILNADU
9.1 STURCUTRE OF LOCAL SELF GOVERNMENT

Lord Rippon is known as the Father of Indian Local Self Government. The very
existence of Local Self Government is for the decentralisation of powers in terms of
democratic perspective.
Democratic decentralisation is considered to be an important mechanism for

distribution of powers from federal government to local-self government. According to
democratic governance, participation as all levels is an important aspect of political
development. India with vast geographical area, a sense of political participation can
be achieved through the establishment of local self government. Mahatma Gandhi
referred devolution of political powers shall enhance democratic functioning at the
local level. He called the Indian village as ‘Little Republic’. In this chapter both urban
and rural local self governments are dealt with.
Some characteristics of rural and urban local governments are:
- Local government possesses a well defined jurisdiction. It has a definite

territory like village or district. Its aim is to solve the peculiar problems present
in that area.
- Local government is governed by the locally elected representatives.

They are accountable to the local electorate. The elected representatives
administer the local affair without undue interference from the central or
state governments. At the village level, there is direct participation of all adult
population in the Gram sabha.
- The primary concern of the local government is to promote the interests of
the local people.
- Local government has its own budget and financial resources.
- Local government enjoys complete autonomy. It is free to manage its affairs

according to the rules laid down by the central and state governments. It has
a definite sphere of activity.
- Local government enjoys the constitutional status and protection with

compulsory existence and functioning.
The constitution of India came into force on 26 January, 1950. In order to

revive the ancient system of self-governance Article 40, of our constitution lays down
that the state shall take steps to organise village panchayats and endow them with
such powers and authority as may be necessary to enable them to function as units
of self government.
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Accordingly the Balwantrai Mehta Committee was appointed in 1956. The
committee submitted its report in 1957. The Balwantrai Mehta’s Report is hailed
as the Magna Carta of the Panchayat Raj system. In order to secure and ensure
decentralised democracy Balwantrai Mehta recommended a three-tier system of rural
local government consisting of the village panchayat at the village level, the panchayat
union at the block level and zila parishad (District panchayat) at the District level.
The Panchayat Raj was inaugurated on October 2nd, 1959 by Pandit Jawaharlal
Nehru. The states of Andhra Pradesh and Rajasthan were the first to introduce the
panchayat raj institutions. Thus, the Panchayat Raj made its modest beginning in the
country.
A committee on Panchayat Raj institution under the. chairmanship of Ashoka

Mehta was appointed by the government in 1977. It was setup of inquire into the
working of the Panchayat Raj institutions and to suggest measures to strengthen
them. This committee submitted its report in 1978.
If main recommendation was two-tier system of panchayat raj - the district
level and the village level. The reports of these committees gave importance to rural
development through Panchayat Raj institutions. They insisted on the implementation
of development plans. They did not seek to make the panchayats as institutions of
self government. Further the Balwantrai and Asoka Mehta committees were not
concerned about the future interests of the urban local governments. Keeping these
things in view and in order to establish the real “Lok Sakthi” at the rural and urban local
levels, the constitution 64th and 65th. Amendment Bills were introduced and passed
in the Lok sabha in 1989. These bills were comprehensive. They sought to reorganise
the grass-root institutions with uniform setups and necessary powers. Though passed
by the Lok sabha, these bills were defeated for want of majority in the Rajya Sabha.
The further attempts taken in this regard also failed. Under these circumstances, the
rural and urban local governments, which were under the tight control of the state
governments, could not function successfully. They had financial sufferings. Even
elections to them were not held for years together. In order to rectify these defects
the Constitutional (73rd and 74th Amendment) Acts were passed by the Parliament in
1992.
The Constitution (73rd and 74th Amendment) Acts 1992
The 73rd and 74th amendments of the constitution were, enacted in December
1992. These amendments came into force with effect from 24th April 1993. They have
constitutionalised the panchayats and municipal bodies.
The 73rd and 74th Amendments have given the states legislative power to
confer on the local bodies necessary powers and authority so that they can function
as institutions of self government. They are entrusted with task of (a) preparing plans
for economic development and social justice, (b) implementation of the schemes for
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economic development and social justice, (c) in regard to the matters included in
the 11th and 12th schedules. These schedules distribute powers between the state
legislatures on the one hand and the panchayats and municipal bodies on the
other. The 11th schedule under the 73rd Amendment contains twenty nine items. The
panchayats have exclusive power on them. The 12th schedule has eighteen items for
the urban local bodies. These imply their respective functions also.
The 73rd constitution amendment provides a ‘Gramsabha’ in each village of

panchayats at village, intermediate and district levels. The 74th Amendment also
known as the “NagarPalika Act”, provides for setting up of three types of municipal
bodies. These are Nagar panchayats, Municipal council and Municipal corporations.
A nagar panchayat is constituted for an area in transition from a rural area to an urban
area. The municipal councils are set up for smaller urban areas and the municipal
corporations for larger urban areas.
The important and common features of the new system created by the 73rd
and 74thAmendments are as follows:
1. Direct election to all the rural and urban local bodies, with a uniform tenure of
five years.
2. Reservation of seats for the scheduled castes and
3. Not less than one third reservation of seats for women.
4. Similar reservation of the offices of chairpersons as said above.
5. An Election Commission to conduct elections for the local bodies.
6. A Finance Commission to ensure financial viability of these institutions. This

commission is to be constituted once in five years to review the financial
position of the local bodies.
7. Provision for auditing the accounts of the local bodies;
8. Provision for holding election compulsorily within a period of six months in

the event of suppression of any local body, and
9. The candidates can take part in the local bodies election as party candidates
or as independents.
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70km
Map 2- Tamilnadu Disticts

9.2 URBAN LOCAL GOVERNMENTS
The urban population is rapidly growing in our country. Consequently the
needs of the people are increasing. Their problems are also complex. In order to fulfil
and solve them, the urban local bodies have been Constituted. These bodies are also
known as Municipal bodies. The constitution of India has ascertained their creation,
composition, powers and other things. Their functions are stated in the 12th Schedule.
The constitution has recognized the municipal corporations, municipalities and town
panchayats as urban local bodies. However there are some other urban local bodies
like the Townships, Cantonment Boards and Notified Area Committees.
9.2.1 Municipal Corporation
The uppermost form of the municipal organization is the -corporation. The
municipal corporation has more powers. It enjoys greater financial autonomy and
wider functions as compared to other local organisations. The municipal corporations
are established in big cities under the Special Municipal Acts passed by the state
legislatures. The corporations of Union Territories are set up by the statute of the
Union parliament.
137
Usually large cities with a population of 10 lakhs and above are constituted as
corporations. Their annual income is normally one crore rupees. They have a larger
population and better income. However, corporations have been set up even in towns
having a population of less than two lakhs. Their annual income does not exceed
Rs.50,000 Chennai, Madurai, Coimbatore, Thiruchirappalli, Thirunelveli, Tiruppur,
Dindigul, Erode, Tanjore, Vellore, Thoothukkudi and Salem are twelve corporations in
Tamil Nadu.
All municipal corporations have some common characteristics.
1. A Municipal Corporation is establised only be the statue passed by the state

legislature.
2. A Municipal Corporation is based on the separation of the deliberative and

executive functions.
3. The state government has powers to control, supervise and dismiss the
council.
4. Usually a municipal corporation is set up for thickly populated urban areas.
5. A municipal corporation functions within the specified peripheral jurisdiction.
Function of the Corporation
Like the rural local bodies the municipal bodies have to function as institutions
of self government. The functions of municipal bodies are as follows:
1. Urban planning, including town planning.
2. Regulation of land, use and construction of buildings.
3. Planning for economic and social development.
4. Construction and maintanance of roads and bridges.
5. Water supply.
6. Public health and sanitation;
7. Fire services.
8. Urban forestry and protection of the environment..
9. Safeguarding the interests for weaker section of society, including the

handicapped and mentally retarded.
10. Slum improvement.
11. Urban poverty alleviation.
12. Provision of urban facilities such as parks, gardens, play grounds.
138
13. Promotion of educational and cultural aspects.
14. Maintenance of burial/cremation grounds.
15. Cattle ponds, prevention of cruelty to animals.
16. Vital statistics, including registration of births and deaths.
17. Public amenities, including street-lighting, public convenience and bus-

stops.
18. Regulation of slaughter houses and tanneries.
All municipal bodies, including the corporation, perform many functions related
to the above matters. In addition they also carry out some discretionary functions like
plantations and care of trees on road sides; destruction or detention of street dogs,
pigs and other animals causing public nuisance, organisation and management of
fairs and exhibitions, supply of electricity and so on.
Sources of Income of Municipal Corporation
There are two types of sources (i) tax revenue (ii) non-tax revenue. The non
tax revenue is derived from fees, fines and grants-in-aid as well as loans from the
state government. The main source of income is from taxes. Generally a corporation
is empowered by the act to levy and collect taxes listed below:
1. Property tax on lands and buildings.
2. Taxes on vehicles and animals.
3. Theatre tax.
4. Tax on advertisements exhibited to people within the city.
5. Tax on preference, trades and callings.
6. Entertainment tax.
7. Tax on consumption and sale of electricity.
8. Betterment tax on the increase of land values.
9. Tolls.
The receipt of the corporation are credited into the city corporation (general)
fund. The money required for its expenditure is released from this fund.
Corporation Council
The Coporation Council is the major part of the corporation. A corporation
is divided into a number of wards depending on the population and the extent of
the area. For each ward a representative will be elected on the basis of universal
adult franchise. These representatives or members are known as counsillors. The
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counsillors so elected constitute the council of the corporation concerned. As in
the case of the rural local bodies and in the same manner seats are reserved in
a corporation for scheduled castes and tribes, women and chairpersons. The state
legislature is empowered to reserve seats for other backward classes also. The age,
qualifications and other related matters of the rural local bodies apply to corporation
councillors also. Besides the directly elected members, the Members of Parliament
and member of the State members, the Members of Parliament and member of the
State Legislature belonging to the corporation area are represented in the corporation
council. All these members have voting right in the council. The state government
can also nominate persons having experience in municipal administration. But the
nominated persons do not have right to vote in the council.
The size of the council various from state to state. The Corporation of Chennai
had 200 members. The term of the corporation council is five years. If dissolved
earlier for proper reason, elections must be held with in six months. The duration
of the reconstituted council shall last only for the remaining period of five years.
The Corporation Council is essentially a deliberative body. If functions like the local
legislative assembly. It transforms the popular wish into the laws of the city.
Mayor and Deputy Mayor
The Mayor is the political head of corporation. He is called the First Citizen
and Father of the city. The mayor is directly elected by the people. His tenure is five
years. The councillors elect a Deputy Mayor from among themselves. If Mayor act
against the laws, complaint is to be given in written form to corporation commissioner
by three-fifth of members and the resolution is to be passed by four-fifth of members,
it is to be submitted to government, it request Mayor to give detailed explanation, if
government is not satisfied, its decision is final and he may be removed.
The Mayor is ceremonial head. He represents the city on ceremonial occasions.

He presides over the meeting of the council and maintains discipline and order. He
can expel the members for misconduct. He may exclude any objectionable portion
from the proceedings of the council. The Mayor has the power to convene the special
meetings of the council. He can obtain information from the commissioner of the
corporation on any subject about the administration of the city. He also sees whether
the decisions of the council are being properly implemented. The Mayor can delegate
some of his powers, in writing to the Deputy Mayor. Otherwise the Deputy Mayor
discharges the Mayors functions in his absence. All correspondence between the
corporation and the stale government must pass through the Mayor. The Mayor,
however, cannot with hold it.
Committees
The Committees of a Municipal Corporation play important role in looking into

various activities of the council. They help for the efficient performance of the functions of
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the corporation. These committees include: Standing Committee, Schools Committee,
Hospitals Committee, Electricity supply and Transport Committee, City Improvement
Committee, Health Committee, Taxation and Finance Committee, Water Works
Committee and so on. The members of these committees are elected from among
the members of the council. The members of each committee elected their chairman.
Among all the committees, the chief one is Standing Committee. This committee
possesses adequate executive, supervisory, financial and personnel powers. The
office of the chairman of the Standing Committee is of political importance, ranking
next to the Mayor. The Standing Committee performs all such functions as detailed in
the statute of the corporation. The commissioner reports to the Standing Committee
on a variety of functions.
The Municipal (Corporation) Commissioner

The commissioner is the Chief Administrator of the corporation. His primary
responsibility is to implement the policies made by the corporation council. The
commissioner is mostly a member of the State Administrative Service. He is appointed
by the state government. Normally, he holds the rank of an Indian Administrative
Service (I.A.S.) officer. His powers are those which have been stated in the corporation
act and those delegated by the council, standing committee etc. He had to comply
with the rules while exercising his statutory powers. The functions of the commissioner
relate to the administrative and financial matters of the corporation. He exercises
control and supervision over the employees of the corporation. The preparation of the
budget of the corporation is the responsibility of the commissioner. He does not have
electoral functions as he enjoyed before the 14th Amendment.
The commissioner is the kingpin in the administration of the corporation.

He has the right to attend, and speak at the meetings of the council and various
committees. He provides the necessary information and details to the councillors. The
commissioner also guides them in the discussions and act as their spokesman in the
council. Thus the commissioner plays a vital role in the corporation.
9.2.2 Municipalities and Municipal Councils
In the urban local governments, municipalities come next. The term municipality
refers to a self governing town or city. There are more than 1500 municipalities in our
country. The number of municipalities varies from state to state. The municipalities are
governed by the Municipal Acts of the states. The state has the discretion to declare
any smaller urban or town area to be a municipality. The minimum population to
constitute a municipality is between 5000-50000. The different occupations pursued
by the people are mostly non-agriculture. Depending on the strength of population
and annual income, the municipalities have been classified into three to four grades
in different states.
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Functions
The functions of the municipalities are more or less similar to those of the
corporations. They fall within the frame work of the 12th schedule of the constitution.
However, the functions of the municipalities can also be classified into compulsory
and discretionary functions.
In general the municipalities have the following obligatory functions:
1. Supply of pure water.
2. Construction and maintenance of public streets.
3. Lightening and watering facilities in the streets.
4. Cleaning the public streets.
5. Regulation of dangerous trades and practices.
6. Maintenance of hospitals and schools.
7. Registration of births and deaths.
8. Removing obstructions and projections in public streets, bridges and other

public places.
9. Naming streets and numbering the houses.
10. All matters relating to public health, sanitation prevention of dangerous

diseases and regulation of places for disposing of the dead ones of various
kinds.
11. Provision for fire-fighting services.
The discretionary functions of the municipalities are as follows:
1. Laying out of the town areas
2. Construction and maintenance of public parks, gardens, libraries, rest

houses, leper homes, orpanages, reserve homes for woman, etc.
3. Planting trees on roadsides
4. Survey conducting.
5. Housing for weaker sections
6. Promoting the welfare of the municipal area and
7. Providing transport facilities within the municipal area and organising cultural
and other activities for the people.
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Sources of Income
The principal sources of income of the municipality are:
1. Property tax.
2. Profession tax.
3. Octroi duties - taxes on goods.
4. Animal and vehicle tax.
5. Entertainment tax.
6. Water and lighting tax.
7. Grants and loans from the government.
The items of expenditure are the general administration, medical and public
health, education, public works, water supply, lighting and other amenities. The
municipalities have municipal funds to credit their income and draw money for their
expenditure.
Municipal Council
Every municipality has a governing body. It is the law making body of the
municipality. The Municipal council consists of councillors elected directly from
various wards. As in the case of the other local bodies, there are reservations for
the scheduled castes and scheduled tribes, backward classes and women. There
is provision in a municipality for the representation of the members of parliaments,
member of the state legislature and the chairpersons of the wards committees with
a right to vote. The size of the municipal council is primarily related to the density of
the population of the city. Every councillor and the nominated person, before taking
his seat, must take can oath to bear allegiance to the constitution of India, to uphold
the sovereignty and integrity of India and to faithfully discharge his duty. The term of
the municipal council is five years. If it is suspended earlier, elections must be held
within six months. Likewise if any seat falls vacant due to the resignation, removal or
disqualification of a member, it must be filled within six months. However the member
elected to a vacant seat can be in office only for the remaining period of the original
council. The Municipal council is also assisted by standing and other committees in
the performance of its tasks.
Chairman of the Municipality
Each Municipal council has a chairman. There is provision for a vice-chairman

also. They are elected by the councillors from among themselves. Unlike the Mayor
and Deputy mayor of a corporation, the Municipal chairman and vice-chairman hold
office for five years. As in the case of the Mayor and deputy Mayor, the Municipal
chairman and vice chairman can also be removed from office. The chairman convenes
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and presides over the meetings of the council. He regulates the conduct of business.
He supervises the finance and executes the administration of the municipality. He has
access to all the municipal administration. In brief, he has to perform such functions
and exercise such powers as are conferred on him by the Municipal Act.
Executive Officer - Commissioner
There is an Executive Officer for each municipality. He is called the commissioner.

He belongs to the state service. He is appointed by the state government. The
powers and functions of the municipal commissioner are almost similar in different
municipalities. His powers and functions have been stated in the Municipal Acts.
In brief the municipal commissioner executes the resolutions and decisions of the
council. He sends copies of the resolutions to the concerned authorities. He enters
into contracts, he issues notices, licences, permits etc. The commissioner assists the
chairman in agenda preparation. He prepares and executes the municipal budget. He
sends administrative reports to the higher authorities. He exercises supervision and
control over the municipal staff. It is his responsibility to maintain municipal records.
He brings to the chairman all cases of misappropriation and financial losses incurred
by the municipality. He can also attend the council meeting. The successful working
of the municipality largely depends upon the harmonious and adjusting relations
between the chairman of the council and the, commissioner.
9.2.3 Townships
Most of the public sector undertakings have established townships for their
employees. Outlay on the townships forms near eleven percent of the total investment
on public sector undertaking. These townships have been established either in rural
area or in area adjacent to existing towns.
The Characteristics of Townships

1. These are entirely planned.
2. They maintain civic services and other facilities which are of higher quality
than generally provided by the municipal bodies.
3. These services and facilities have been financed by the industry.
4. A township has a variety of employment and other opportunities to offer to

the people. Hence a large number of people go to it.
The township form of local government is treated as a normal administration.

In certain townships like Neyveli and others town administrators are appointed by the
corporations. These administrative officers all assisted by the departmental heads,
engineers and others. The township form is bureaucratic unlike the municipality. For
fear of political interference in the civic administration, the township does not have
any democratic set up further the residents of the townships are satisfied with the
existing arrangements and facilities.
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9.2.4 Cantonment Boards
The cantonments are centrally administered areas. They are placed under the
direct administrative control of the Ministry of Defence. The cantonment boards are
constituted under the Cantonments Act, 1924. These are corporate bodies like the
other local bodies. Cantonment is the place in a city where troops are stationed.
Cantonment board is constituted for dealing with the local problems of the cantonment
area.
The President of the cantonment board is the commanding officer. He has

been given a casting vote. He is an ex-officio member continues so long as he holds
the official position. The elected members hold office for five years and they select
among themselves one vice president.
The cantonment board is entrusted with the municipal functions. These

functions as found in a municipal council, have been classified into obligatory and
optional. The sources of income of the board are darted into tax revenue and non-
tax revenue. The taxation power of the board is analogous to that of a municipality.
The board can impose any tax with the previous sanction of the central government.
The officer commanding the station sanctions the budget estimates prepared by the
board. The existence of cantonments as separate entities is anomalous. Hence they
may in the long run, become parts of the neighbouring municipal bodies.
9.2.5 Town Area Committe
The town area committees have been created in Assam, Kerala, Madya
Pradesh, Uttar Pradesh, West Bengal, Jammu and Kashmir and Himachal Pradesh.
Town Area committees are governed by separate acts passed by the state government.
The District Collector has greater control and powers over a town area committee.
Members of the town area committee are elected or nominated by the government,
or partly elected and partly nominated. This committee is assigned a limited number
of functions such as, street lighting, drainage and conservancy. However these
committees may be absorbed in the town panchayats.
9.2.6 Notified Area Committee
A Notified Area Committee is created for an area which does not fulfill all the
conditions said above as necessary for the constitution of a municipality. Still it is
considered important. It is also constituted for a newly developing town. The formation
of this committee is notified by the government in the official gazettee. Hence it is
called the notified area committee. The committee functions within the framework of
the municipal act of the state. But only such provisions of the municipal act apply to
it as are notified in the official gazattee. The notified area committee enjoys all the
powers of the municipal council. But unlike the council, it is a nominated body. The
chairman and the members of this committee are appointed by the State Government.
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9.3 RURAL
9.3.1 Three Tier Panchayat Raj
Political Administration
District Panchayat District Rural
(District Council) Development Authority
Panchayat Panchayat Union Block Development

System Office
Village Panchayat Village Administrative

Officer
9.3.1.1 District Panchayat
District Panchayat is the top-tier of the Panchayat Raj structure in Tamil Nadu.
It is the body at the District level. It has jurisdiction over the entire district excluding
such portions of the district as are included in a municipality or town panchayat or
industrial township or under the authority of a municipal corporation or a cantonment.
(a) The District panchayat consists of the following: The directly elected members
from the wards in the district panchayat. Each ward is constituted for about
50000 people of the district panchayat area. Only one member is directly
elected from each ward. But one cannot be elected as member of more than
one district.
(b) The members of the House of people and the members of the state legislature
of the District panchayat area.
(c) The Member of the Council of States who is registered as elector within the
district.
The members under categories a, b and c can also take part in the proceedings
and vote at the meeting of the District Panchayat.
Seats are reserved for persons belonging to the scheduled castes and
scheduled tribes in proportion to their strength with the total population of the district
panchayat area. 1/3 seats are reserved for them are allotted by rotation to different
wards in the district panchayat area. The age qualification for a voter is 18. It is 21 for
a member to be directly elected to the district panchayat. But, the names must be in
the concerned electoral rolls. Those who are under the employment of the central and
state governments and the local bodies are not eligible for election as members or to
hold any office in the district panchayat. The tenure of the district panchayat is five
years. If it is dissolved earlier elections must be held with in six months. Any person
who is disqualified under law cannot be a voter or a member of the district panchayat.
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Chairman and Vice-Chairman
Every District Panchayat has a Chairman and a Vice Chairman. They are
elected by the elected members from among themselves unless disqualified or
removed from office, they remain in power for five years. An outgoing chairman or
vice chairman is eligible for re-election of panchayat union.
Functions of the Chairman
The political executive of the District Panchayat is its chairman. As such he

convenes and presides over the meetings of the district panchayat and conducts its
proceedings. He inspects the working of the panchayat unions and panchayats and
submits his report to the district panchayat. He writes his opinion on the working of
the secretary to the district panchayat. This is appended with the confidential report
written by district collector. He can delegate any of his functions to the vice-chairman.
In case of emergency he can direct the execution of any work pertaining to the district
panchayat. He has full access to all the records of the district panchayat. Thus the
chairman of the district panchayat combines the role of a leader of a supervisor. He is
the channel of communication between the district panchayat and the government.
Powers and Functions of District Panchayat
The powers and functions of the district panchayat have been laid down in the
Acts passed by the state legislature, the district panchayat has a coordination and
supervisory role to play. It performs the following functions:
1. It examines and approves the budgets of the panchayat union.
2. It issues directions to panchayat unions for efficient performance of their

functions.
3. It coordinates development plans prepared by the panchayat unions.

4. It advises the state government on all matters relating to the development
activities in the district.
5. It distributes funds, allocated by the state government, to the panchayat

unions in the District.
6. It collects statistics relating to the activities of the local authorities in the

district.
7. It advises the state government on allocation of work to be made among the

panchayat.
8. It regulates better relationship between the lower tiers.
9. It exercises such other powers as may be conferred by the state government.
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Standing Committees
The District panchayat functions through standing committees. These standing

committees have been constituted for the following subjects.
1. Community development.
2. Agriculture, Cooperation, irrigation and animal husbandry.
3. Cottage, village and small scale industries.
4. Education and social welfare.
5. Finance and taxation.
6. Public health.
The Chairman and members of these committees are elected among

themselves. Where the chairman of the District panchayat is a member of a committee
he shall be its chairman.
Sources of Income
Generally speaking District Panchayat has the following sources of income to

meet its executive functions.
1. Tax on profession and trade.
2. Tax on water and public entertainments.
3. Pilgrim tax.
4. Grants and loans from the state government.
5. Land revenue, establishment and deficit adjustment grants.
6. Plan and block grants.
7. License fee from butchers.
8. Fees on sale of goods or animals in the market.
9. Income from its property.
For each District Panchayat (general) fund is constituted. The following items
are paid into District Panchayat (General)
1. The amount transferred to the District Panchayat fund by appropriation from

out of the consolidated fund of the state.
2. All grants, assignments, loans and contributions made by the government.
3. All rents from lands on other property of the district panchayat.
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4. All interests, profits and other moneys accruing by gifts, grants or transfer
from private individuals or institutions.
5. All proceeds of land and other properties sold by the District panchayat.
6. All fees and penalties levied by or paid to the district panchayat.
The government shall provide a grant to every district panchayat fund to cover
the expenses of establishment at such scale as determined it.
The Chief Executive Officers
For each district panchayat a project officer is appointed by the government.

The designation of this officer varies in different states. In Tamil Nadu this officer
holds the rank of Joint Director of Rural Development. The method of recruitment, pay
of allowances, disciplined conduct and conditions of service of the Chief Executive
Officer are.
1. The Chief Executive Officer exercises all the powers specially imposed upon
him by the act of the state legislature.
2. He must supervise and control the execution of all works of the district
panchayat.
3. He has the right to attend the meetings of the district panchayat and its
committees and move any resolution in them. But he has no right to vote.
4. He has to carry out the resolutions of the district panchayat.
5. He must furnish the periodical reports about the execution of the resolutions
of the district panchayat and about the collection of taxes.
6. He controls the officers and servants of the district panchayat.
7. He is obliged to carry out the Orders and directions of the district panchayats.
8. He can delegate any of his functions, by an order in writing to any officer or

servant of the District panchayat.
9.3.1.2 Panchayat Union
The panchayat union forms the middle tier in the Panchayati Raj System. It is
also called as intermediate tier and panchayat union council (Tamil Nadu).
Size and Composition
The area of panchayat union is generally constituted with the panchayat development
block for purpose of National Extension Service Programme. A panchayat union
council is constituted for each panchayat union. It consists of 112 villages. The
administration of the panchayat union shall rest in the panchayat union council.
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The Panchayat Union Council
1. The directly elected members from the words in the panchayat union, at the
rate of one member for every 5000 population of the panchayat union area,
only one member is elected from each ward.
2. The members of the House of people (Lok Sabha) and the members of the
state legislature, belonging to the panchayat union area.
3. The numbers of the council of states who are registered as electors within the
panchayat union.
4. Such number of presidents of village panchayats not exceeding l/5th of the

total number of from among the presidents of the village panchayats in the
panchayat union area. All the members mentioned above are entitled to take
part in the proceedings of and vote at the meetings of, the panchayat union
council. However no person can be elected as a member of more than one
panchayat union council.
Seats are reserved for persons belonging to the scheduled castes and
the scheduled tribes in proportion to their strength with the total population of the
panchayat union. 1/3 rd seats are reserved for women belonging to the scheduled
castes/scheduled tribes from among the total number of seats reserved for the persons
belonging to the schedule castes and scheduled tribes. Seats are also reserved for
women in the panchayat union council. The number of seats reserved for them are
alloted by rotation.
Chairman and Vice-Chairman
The head of the panchayat union is named as Chairman in Tamil Nadu. He

is directly elected by the people. There is also a Vice-chairman, they are elected
from among the members of the Panchayat Union Council. Unless disqualified or
removed from office, they hold office for five years. They are eligible, for re-election.
The chairman may by an order in writing delegate any of his functions, which are not
prohibited by the Panchayat Union Council to the Vice-Chairman. The Vice-Chairman
can exercise the functions of the chairman when the office of the Chairman is vacant.
If the offices of both Chairman and Vice-Chairman are vacant, the Revenue Divisional
Officer shall be ex-officio member and chairman of the Panchayat Union Council.
Power and Functions of the Chairman
The Political executive of the Panchayat Union Council is Chairman. His

Powers and functions are as follows.
1. He presides over the meetings of the Panchayat Union and conducts its
proceedings.
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2. He exercises control over the Block Development Officer and his staff regarding
the implementation of the decisions and resolutions of the Panchayat Union
and its Standing Committees.
3. He encourages the panchayats and guides them in making plans and carrying
out production programmes.
4. He has full access to all the records of the Panchayat Union Council.
5. All official correspondence between the Union Council and Government must
be conducted only through the Chairman.
6. He can issue orders for the immediate execution of any important work stating
reasons for doing so.
7. He is the ex-officio chairman of the Standing Committee if he happens to be

its member.
Functions of the Panchayat Union
The Panchayat Union plays a pivotal role in the Panchayati Raj System. It is the
principal executive body to implement the community development programmes. It
acts as an agent of the State Government in the performance of responsibilities which
may be specifically assigned to it. Also the Panchayat Union exercises supervision and
control over village panchayats within its jurisdiction. It also provides the necessary
technical and financial assistance to them. Finally, it is generally empowered to
scrutinise and sanction the budgets of the panchayats in its area.
The functions of the Panchayat Union are two-fold. They relate to the provision
of civic amenities and fulfillment of development programmes. With regard to the
provision of civic amenities, the Panchayat Union has the following responsibilities.
1. Construction and maintenance of roads within the jurisdiction of the union but
other than purely gram panchayat roads.
2. Supply of drinking water.

3. Maintenance of drainage pipes.
4. Establishment of primary health centers and maternity homes.
5. Provision of medical and health services
6. Provision of primary and basic schools and establishment of adult education

centers.
7. Assistance to village roads which serve as feeders.
8. Establishment of libraries.
9. Establishment of youth organisations.
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10. Encouragement to cultural activities.
The Panchayat Union implements community development programmes in its

area. Its functions are:-
1. Execution of all programmes under community development.
2. Multiplication and distribution of improved seeds.
3. Procurement, distribution and popularisation of improved fertilizers.
4. Reclamation of land and conservation of soil.
5. Providing credit for agricultural purposes.
6. Providing irrigation facilities and repairing tanks.
7. Planting of trees and growing of village trees.
8. Introducing improved breed of cattle, sheep and poultry.
9. Introducing improved fodder.
10. Prevention and curve of disease among cattle.
11. Dairying and milk supply.
12. Introducing and development of cooperative societies.
13. Maintenance of fisheries.
14. Development of cottage, village and small - scale industries.
15. Establishment and maintenance of production-cum-training centers.
Standing Committees
The Panchayat Union performs its functions by constituting Standing

Committees. These committees are statutory bodies. There are five Standing
Committees to deal with the following Functions.
(i) Finance and taxation
(ii) Agricultural production, animal husbandry and minor irrigation.
(iii) Education and social welfare, including women’s welfare,
(iv) Public health and sanitation
(v) Communications and co-operation.
The members of the Standing Committees are elected by the members of the
Panchayat Union from among themselves. The President of the Panchayat Union is
the Chairman of the Finance and Taxation Committee. These committees exercise
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those powers which are delegated to them by the Panchayat Union. The Block
Development Officer functions as the Secretary of the Standing Committees.
Sources of Income:
Normally Panchayat Union has the following sources of income.
1. Proceeds of taxes and fees which a Panchayat Union may levy.
2. Share of local cess and land revenue received from the District Panchayat.
3. Grants from the State Government
4. Loans from the State Government
5. Income from leases granted by the Panchayat Union to public ferries, fairs,
etc.
6. Ad hoc grants from or through the District Panchayat

7. Donations and contributions
8. Funds from schemes transferred by the Government to the Panchayat Union

as an agency for execution.
In addition to these, a Panchayat Union has many other sources of income.

According to the Tamil Nadu Panchayats Act 1994 there shall be constituted for
each Panchayat Union, a Panchayat Union (General) Fund and a Panchayat Union
(Education) fund. The General Fund contains receipts from 27 items and the Education
Fund from seven items as mentioned in the Act. Panchayat Unions in other states
also have Panchayat Union Funds.
Administrative Machinery
In order to perform its functions the Panchayat, Union has an administrative

machinery. It is headed by the Block Development Officer. There is one Extension
Officer to assist the Block Development Officer. These development officers are the
paid servants of the state Government. They are specialists in the respective fields
like agriculture, animal husbandry, public health, etc, below them are the other staff.
The Block Development Officer is an area or Circle administrator. He is designated as
Commissioner in Panchayat Union Council.
The Block Development Officer functions as (a) head of the office (b) captain
of the team of extension officers, and (c) secretary of the Panchayat Union. As head
of the office, the Block Development Officer looks after office work and day-to-day
administration. He coordinates various technical functions in the block and implements
several development programmes. He also conducts a number of enquiries.
The Block Development Officer the secretary at the chief Executive Office of
the panchayat union. He performs the following functions:
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1. He implements various resolutions of the panchayat union and its standing
committees
2. He supervises the panchayat in the block. He issues notices for the meetings
of the panchayat union and its standing committees. He records and maintains
the proceedings of those meetings.
3. He participated in the deliberations of the union without any voting right.
4. He draws and disburses money out of union funds.
5. In case of fraud, embezzlement and theft of money, he reports to the president

of the union and the District Collector.
6. He executes all plans and programmes approved by the appropriate

authorities
7. He expects the financial position of the panchayats within his block
8. He supervises end controls the other officers and staff of the panchayat
union.
9. He executes contracts for and on behalf of the union subject to its prior
approval.
9.3.1.3 Gram Sabha
Gram sabha is the foundation of the Panchayat Raj. It is a general body. It

has been recognised as a statutory and corporate body. It is composed of all the
eligible voters of the village panchayat. The jurisdiction of a village panchayat may be
confined to one or more villages with an average population of 500. Being a grass root
organisation at the very lowest level it serves as the basic unit of direct democracy.
Hence it is considered as a vital device of democratic control. The Gram sabha should
hold at least three meetings in a financial year. The president of the village panchayat
has the responsibility to convene the meetings of the Gram sabha.
The functions of the gram sabha are as follows
1. Grama Sabha reviews the progress of the works done by the panchayat.
2. It draws plan for the development of the sabha area.
3. It considers the annual statement of accounts and audit report of the

panchayat.
4. It considers the administrative report of the last year and the programme of
work for the ensuing year.
5. It approves the annual budget and development schemes of the village

panchayat.
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The gram sabha is a sovereign body. Hence it can authorise the village
panchayat to do certain things by itself.
Gram Sabha Meeting
The village panchayat is the primary unit and the first of the Panchayat Raj
system. It is constituted for each panchayat village which has a minimum population of
500. The minimum strength of the village panchayat will be five and maximum fifteen
depending upon the population. The village panchayat is the executive committee of
the gram sabha. Its members are directly elected by the gram sabha by secret ballot.
The entire village is divided into wards and each ward elects one to three members.
There is provision for one-third reservation of seats for scheduled castes, scheduled
Tribes of women.
The village panchayat is headed by a President. The President of the village

panchayat is directly elected by the members of the Gram sabha. He can be removed
from office on a resolution of no-confidence passed against him by a two-thirds
Majority of the Gram sabha. There is also a Vice-President for each panchayat. All
adult citizens of above 18 years old are entitled to vote. Those who have completed
21 years of age alone can be elected as members and President and Vice President
of the panchayat. The duration of the village panchayat of the tenure of its members
is 5 years. If the panchayat is dissolved earlier, elections must be held within six
months.
Powers and functions of the President
The President is the political executive of the village panchayat. He has the
following powers and functions.
1. He convenes the meetings of the gram sabha and the village panchayat
2. He presides over the meetings of the panchayat

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3. He maintains the records of the panchayat.
4. He exercises administrative control over the panchayat staff.
5. He supervises the implementation of the resolutions passed by the panchayat.
6. He is responsible for the proper execution of the decisions taken in the village
panchayat.
7. He is authorised to manage the panchayat funds
8. He attends the meeting of the panchayat union and represents his panchayat
9. He exercises all powers as are conferred on him by the Act or the rules made
under the Act by the state government.
The Vice-President discharges these functions in the absence of the President.
Functions of the Village Panchayat
The village panchayat is entrusted with several welfare functions and

developmental activities. Its fundamental responsibility is the preparation of plans
and implementation of schemes for economic development and social Justice at the
village level. The village panchayat must perform all such functions as are prescribed
by the law of the State Government. These are classified into compulsory and optional
functions.
Compulsory Functions
1. Development of agriculture.
2. Promotion of cottage industries.
3. Maintenance of public wells and tanks.
4. Supply of drinking water.
5. Provision for sanitation and drainage.
6. Lighting of village streets and other public places.
7. Maintenance of burial and cremation grounds.
8. Registration of births, deaths and marriages.
9. Maintenance of cattle ponds and the general care of the live stock.
10. Protection of the property of the village panchayat.
11. Construction and maintenance of minor irrigation works.
12. Regulation of public market and fairs.
13. Ear marking places for dumping the refuses.

156
14. Promotion of social education and supervision of schools.
15. Collection and maintenance of statistical data.
16. Arrangement for the distribution of imposed seeds and measures.
17. Maintenance of maturity homes and slaughterhouses.
18. Assistance in the implementation of the land reforms schemes.
19. Vaccination, innoculation and anti-epidemic measures.
Optional Functions
1. Planting and nursing of trees on road sides
2. Construction and maintenance of play grounds, libraries, reading rooms,

parks etc.
3. Reclamation of unhealthy localities.
4. Managing the community centers.
5. Relief to the poor and looking after public health.
6. Establishment of crop godowns.
7. Promotion of cooperative farming, family planning and animal husbandry.
8. Regulation of pig rearing.
9. Removal of untouchability.
10. Construction and maintenance of houses for the conservancy staff of the
village panchayat.
Sources of Income
1. Animal Tax.
2. Building Tax.
3. Fines on account of violation of panchayat laws.
4. Fees paid for presenting legal case before the panchayat.
5. Registration of animal fees for selling the animals in its area.
6. Rent from village properties.

7. Local trade tax.
8. Tax on vehicles such as bullock carts.
9. Grants-in-aid sanctioned by the state government.
10. Matching grants given by the state government.
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The receipts of the village panchayat are credited into the village panchayat
fund. The money required for expenditure to carry out its various functions and to
meet other obligations is released from this fund.
There is an executive authority in each village panchayat. He is appointed

by the state government. He carries out the resolutions of the village panchayat.
He controls all the officers and servants of the village panchayat. By discharging
his duties, he also looks after the day-to-day administration of the village panchayat
under his Jurisdiction.
9.4 EVALUATION
Local government both rural and urban has not been a great success. A
part of the fault lies in the system, a part in the immediate social environment but
a large part is to be attributed to the controlling state government itself. Secondly
even when elected, these bodies suffered supersession by the state government on
flimsy grounds. Thirdly inadequacy of funds available to local bodies has been a
chronic problem before all local bodies with weak financial base they are hardly in a
position to initiate measures for the advancement of the local community. Fourthly the
local government bodies are dominated by powerful local groups based on castes.
This makes the local level decision making partisan and sectarian. What is work a
certain politicalisation of the criminal is well in evidence in several states, which is a
dangerous sign work culture is low. But these and many others are national problems
and thus not peculiar to local government.
Local government is the backbone and nursery of democracy. Problems

about civic amenities arise from community living. Hence the rural and urban local
governments aim at solving these problems. The knowledge and understanding
of the local needs and conditions are necessary to tackle the local problems such
attentions can be provided only by the local governments, which are very close to the
public. Hence, the local governments have a direct and immediate impact on the life
of the citizens. Their impact is greater than that of the central and state governments.
Further, the efficient and successful working of the decentralised democracy depends
upon the participation and involvement of the local people in the administration. The
central and state governments are increasing expansively and widely in order to
decentralise these things the local governments have gained significance.
The Constitution (73rd and 74th Amendment) Acts, 1992, have removed
most of the traditional defects. The constitution has made it compulsory that the
state governments should reorganise the rural and urban local bodies in our country.
The constitution has ensured their pattern, elections, tenure, powers and functions.
The creation of independent Finance Commissions, Election Commissions and the
planning bodies at various levels in the states has also been constitutionally ensured.
There is also a provision to audit the accounts of the local bodies by the Controller and
Auditor General of India. All these arrangements are bound to have a good impact
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on the future of the rural and urban local bodies in India. Consequently the state
governments have suitable amended their panchayat and municipalities. Elections
are regularly and periodically conducted.
Total of Rural Local Bodies in Tamilnadu

No. Name of the Number of Number of
District Panchayats Panchayat Village Panchayats
Unions
1 Kancheepuram 13 648
2 Tiruvallur 14 539
3 Cuddalore 13 681
4 Villupuram 22 1104
5 Vellore 20 753
6 Tiruvannamalai 18 860
7 Salem 20 385
8 Namakkal 15 331
9 Dharmapuri 8 251
10 Krishnagiri 10 337
11 Erode 20 343
12 Coimbatore 19 389
13 Nilgiris 4 35
14 Thanjavur 14 589
15 Nagapattinam 11 434
16 Tiruvarur 10 430
17 Tiruchirapalli 14 408
18 Karur 8 158
19 Perambalur 10 22
20 Pudukottai 13 498
21 Madurai 13 431
22 Theni 8 130
23 Dindugul 14 306
24 Ramanathapuram 11 429
25 Virudhunagar 11 450
26 Sivagangai 12 445
27 Tirunelveli 19 425
28 Toothukudi 12 408
29 Kanniyakumari 9 99
Total 385 12618
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Exercise
Part A
Fill in the blanks
1. 74thAmendment Act was enacted in the year_______.
2. Father of local self government is______.
3. Article _____of the Indian Constitution talks about organisation of Panchayat

Act.
Part B
4. Define Townships.
5. Explain Town Area Committee.
6. Define Notified Area Committee.
Part C
7. Write short notes on Municipality.
8. Explain Contonment Board.
9. Explain the importance of Local Government.
10. What are the functions of Local Government?
Part D
11. Write an essay on the obligatory and discretionary functions of Village

Panchayat.
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Political parties concentrate on cities and leave most of rural areas untouched.
Only during election they go to the villages and thrust their opinion among villagers who
blindly follow. In India issues are judged not on their merits but on religious, caste and
other considerations. This tendency has to be rectified. Significance of public opinion
lies in its ability to influence the government.
8.10 ROLE OF MASS MEDIA:
Cinema has been a traditional area of entertainment and learning. In a subtle

way it influences public opinion. It is the most effective mass media.
The electronic revolution has penetrated every part of the country, every locality
and household. Radio, TV and VCR have established a wider communication channel
for dissemination of news, information, views, advertisements and entertainments.
The audio-visual methods, which they employ, can influence even the illiterates.
In home, in office, in market and street corners the media’s presence have altered the
entire pattern of communication and of social life.
Electronic media plays direct and indirect part in projecting and building public
opinion, by increasing the level of information, expanding awareness and making
available many points of views and approaches.
The Press – news papers, magazines, journals etc are called print media,
which today stand most powerful single agency moulding, influencing and disseminating
public opinion. A printed word acquires greater sanctity, appeal and legitimacy in human
consciousness than a spoken word.
Newspapers with their daily dissemination of news, facts and information

together with editorial comments, views of analyst and experts, and leaders provide
the daily diet for the formation of public opinion.
8.11 MACHINERY FOR CONDUCTING ELECTION:

The founding – fathers of Indian constitution were unanimous in underlying the
importance and significance of an autonomous electoral machinery to ensure free and
fair election as a bed rock of a genuine democratic system.
Accordingly an election commission has been set up to perform three functions

of ‘superintendence, direction and control’ of election. It is responsible for preparation,
revision and updating of the electoral rolls from time to time. It conducts election to
parliament and state legislature as well as to the office of the President and the Vice
President of India (Article 324).
Election Commission:
It consists of the Chief Election Commissioner and a few other election

commissioners whose membership is determined and fixed from time to time by the
President of India.
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They are appointed by the President for a fixed term of five years. Their tenure
and service conditions are laid down by the parliament and cannot be changed during
the term of office.
The Chief Election Commissioner cannot be removed from office, except on the
ground and in the manner on which the Supreme Court judge can be removed. This is
to protect him from undue interference of executive and legislature.
A branch of Election Commission exists in each state headed by a Chief

Electoral Officer appointed by the Chief Election Commissioner in – consultation with
the state government. They constitute a permanent setup of machinery for conducting
elections in the state.
The number of members of Election Commission is limited but at the time

of elections necessary officers and staff are drawn from other departments of the
government. Eg: government departments and educational institutions.
Powers and functions of Election Commission:
The Election Commission of India has been given wide powers and functions.
They are,
1. To prepare, revise and update the list of voters for elections.
2. To conduct and supervise the elections and bi-elections.
3. To delimit constituencies for election to the parliament and state legislature

and to allot seats to each of them.
4. To fix the election programme including dates for the nomination and scrutiny
of candidates and date of election, making arrangement and declaration of
result etc.
5. To advice the President or the Governor of the concerned state as the
case may be regarding all electoral matters including queries relating to
disqualification of members.
6. To prepare guidelines for a code of conduct for political parties, candidates

and voters during the period of elections.
7. To fix limit of election expenses and to examine the accounts of electoral
expenditure submitted by the candidates.
8. To determine criteria for recognizing political parties and then recognize them
and decide their election symbols and allocate time to them for the use of
radio and TV in order to help them to reach the people on the election issue.
9. To prepare a list of ‘free symbols’for allotment to independent candidates, and
10. To settle election disputes and petition, referred to it by the President or the
Governor of a state.
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Unit 2
Achieving
Equality
Learning Objectives
• Know the meanings of prejudice and stereotypes
• Understand discrimination and inequality
• Become aware of the negative consequences of discrimination
The society that we live in comprises people knowing much about them. It happens
from various social groups who are different when people have false belief and ideas.
in many ways. Since we believe in ‘Unity
in Diversity’, we should have been living Prejudice Pre 1 Judge
peacefully with one another irrespective
The word ‘prejudice’ refers to
of those differences. Often, we see that
prejudgement. Prejudices can be based on
diversity is not accepted, and people
many things like people’s religious beliefs,
harbour attitudes of hostility towards those
the region they come from, the colour of
who are ‘different’ from them. They form
their skin, their accent or the clothes they
opinions about the other groups and this
wear. The types of prejudice are gender
often leads to tension in the society. Such
prejudice, racial prejudice, class prejudice,
‘opinions’ are often ‘prejudiced’.
disability prejudice and so on.
1. Prejudice For example, urban people are more
Prejudice means to judge other people civilised than rural people in attitudes
in a negative or inferior manner, without and behaviour, is one such prejudice.
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1.1 Causes for Prejudice dishwashers and others show a woman
Some common social factors that as the main lead or user of that product.
contributes to the rise of prejudice are On the other hand, all the stunts shown
1. Socialization in a bike advertisement is performed by
2. Conforming behaviours ferocious looking men.
3. Economic benefits
3. Inequality and Discrimination
4. Authoritarian personality
Inequality means difference in treatment.
5. Ethno–centrism
The different forms of inequalities such
6. Group closure
as caste inequality, religious inequality,
7. Conflicts
race inequality or gender inequality give
2. Stereotypes rise to discrimination.
When prejudice gets Discrimination can be defined as
stronger, it develops into negative actions towards people.
a stereotype. Stereotype is a false view Discrimination can happen on the basis
or idea about something. For example, of colour, class, religion, gender etc.
girls are not good at sports. Stereotype is Treating dark-skinned people differently
learned at a very early age, and children from fair-skinned people, giving more
grow to have very strong ideas or opinions importance to people of higher than to
about things, groups or ideologies. As those of lower caste and thinking boys
children grow up, the lines of like and are smarter than girls are all thoughts of
hate for other things, people, cultures, discrimination.
beliefs, languages become sharper.
Article 15(1) of the Constitution states
Example that the State shall not to discriminate
Ragu was hit in his eye against any citizen on grounds only of
with a soft ball and to religion, race, caste, sex, place of birth or
everyone’s surprise, he any of them.
started to cry. The others
started to laugh at him; Mani felt sad for End of Apartheid
him but started laughing along with others.
After 27 years in prison,
Now we understand that when we former South African
fix people in our image, we create a President, Nelson Mandela, was freed
stereotype. In the above example, we
in 1990 and succesfully achieved the
have a general opinion that girls cry and
end of apartheid in South
boys don’t cry. When Ragu cried out of
Africa, bringing peace to
pain, others laughed at him.
a racially divided country
Gender-based stereotypes are often
and leading the fight for
portrayed in films, advertisements and
human rights around the
TV serials. Almost all the advertisements
world.
related to detergents, washing machines,
218

Dr. Bhimrao Ramji Ambedkar
• He is popularly known as Baba Saheb.
• He was an Indian jurist, economist, politician and
social reformer.
• He earned his M.A. in 1915 and then obtained a D.Sc at the
London School of Economics before being awarded Ph.D by
Columbia University in 1927.
• He served as the chairman of drafting committee of the
constituent assembly and hence regarded as the father of Indian
Constitution.
• He was independent India’s first Law Minister.
• He was posthumously awarded the Bharat Ratna in 1990.
3.1 Caste Discrimination dresses while boys in such families often

Caste system is the most dominant wear modern dresses.
reason for inequality and discrimination 3.3 Religious Discrimination
in India. In the beginning, the society
Religious discrimination is unequal
was divided into different groups on the
treatment of an individual or group based
basis of occupation, known as Varnas.
on their beliefs. Religious discrimination
Many people in India have fought against has been around for a long time. There
caste oppression. The most prominent have been problems between people of
among them was Dr. B.R. Ambedkar. He different religions for thousands of years.
belonged to a such depressed family and Some people are not allowed to enter
suffered discrimination throughout his in public places; especially the places of
childhood. He fought actively for equality worship because they belong to another
among the citizens of India. religion. Some religious people often end
3.2 Gender Discrimination up in conflict with each other because of
their rituals and way of life.
Gender discrimination refers to health,
education, economic and political 3.4 Socio-Economic Inequality
inequalities between men and women in In the socio-economic field, the benefits
India. For example, A girl is not allowed to of growth have not been spread evenly.
go to college after finishing her schooling. However, the income inequality is much
Similarly, most of the girls are not allowed higher than the inequality in human
to select a career of their choice rather they development. The low-income districts
are forced into marriage. In some families, are associated with low industrial
girls are not allowed to wear modern development, low agricultural productivity
219

Literacy rate – 2011 Census
High Low
S.No. District Name Percentage S.No. District Name Percentage
1 Kanyakumari 91.75% 1 Dharmapuri 68.54%
2 Chennai 90.18% 2 Ariyalur 71.34%
3 Thoothukkudi 86.16% 3 Krishnagiri 71.46%
4 The Nilgiris 85.20% 4 Villupuram 71.88%
Source: Censusindia.gov.in
Sex Ratio – 2011 Census

Number of females per 1,000 males
High Low
S.No. District Name Sex Ratio S.No. District Name Sex Ratio
1 The Nilgiris 1041 1 Dharmapuri 946
2 Thanjavur 1031 2 Salem 954
3 Nagapattinam 1025 3 Krishnagiri 956
4 Thoothukkudi 1024 4 Ramanathapuram 977
Source: Censusindia.gov.in
and low human development. Similarly, 4.

Be open to learning about other

the Districts with literacy rate are found religions.
to be with lower sex ratio.. 5. P
romoting community dining in the
classroom may help the students to
3.5 R
emedial Measures for
sit together without any bias of caste,
Abolishing Inequality and
religion or gender.
Discrimination
6. S
ocialise with people of all types
The remedial measures for abolishing
outside home.
inequality and discrimination in Indian
society are as follows. 7. Effective implementation of laws.
1. W
ider access to quality basic services 3.6 C
onstitution of India and
like healthcare and education for all. Equality
2. Be aware of current gender bias. A Constitution is a set of rules and
3. M
ake women more visible in public regulations guiding the administration of
life and institution to eradicate gender a country. Article 14 of the constitution
disparity. of India provides equality before the law
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ACHIEVERS
Dr. APJ ABDUL KALAM Mr.VISWANATHAN ANAND
(1931-2015)
Avul Pakir Jainulabdeen Abdul Kalam was Viswanathan Anand was born in Chennai in a middle class
born in a Tamil Muslim family in Rameswaram. family. His mother was a big fan of chess and taught him to
He was the 11th President of India and who is fondly play the game when he was just five years old. She encouraged
remembered as People’s President. and motivated him a lot and this laid the foundation for
his future career as a chess player.
He completed his schooling at Ramnad, graduation
from St. Joseph’s College, Trichy, and went on to Anand has won the world chess
study aerospace engineering at the Madras Institute championships five times
of Technology (MIT) after he joined the Defence (2000, 2007, 2008, 2010 and 2012).
Research Development Organisation (DRDO).
Kalam’s family had

Kalam has written many books. He won the World
become poor at his early
Among them, very famous books Junior Chess Championship
age; he sold newspapers to He was the first recipient of the
are India 2020, Wings of Fire, at the age of 14.
supplement his family Rajiv Gandhi Khel Ratna Award
income. Ignited Minds, The Luminous in 1991-92, India’s highest
Sparks and Mission India.. sporting honour.
He became India’s first
He was a recipient of several
grandmaster in 1988. He received the nation’s second
prestigious awards, including
the Bharat Ratna, India’s His outstanding work highest civilian award
highest civilian honour in earned him the title of the Padma Vibushan in 2007.
1997. ‘Missile Man of India’.
Ms. S. ILAVAZHAGI Mr. MARIYAPPAN THANGAVELU
S. Ilavazhagi came from a poor family at Mariyappan was born at Salem in Tamil Nadu. His
Vyasarpadi, Chennai. His father is a daily mother raised her children as a single mother, carrying
wage-earning auto-rickshaw driver. bricks as a labourer until becoming a vegetable seller,
earning about Rs.100 per day.
She participated in the 2008 He suffered permanent disability in his right leg.
World Carrom Championship When he was young despite this setback,
at Palais Des Festivals, Cannes, he completed secondary
She participated and won
France, and bagged her schooling. He says, “I didn't see
the Indian National Carrom In 2016, At the Rio
maiden women’s title. myself as different from
Championship in the same Paralympics, he won the
able-bodied kids.”
year after beating the former gold medal in the men’s
World Champion high jump T-42 event,
Reshmi Kumari. with a leap of 1.89 m.
From the above examples, you will clearly understand that people from diverse backgrounds facing
adverse conditions were still able to achieve greater success in their lives.
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• Prejudice means to judge other people
in a negative or inferior manner,
without knowing much about them.
• Stereotype is a false view or idea
about something.
• Discrimination can be defined as
negative actions towards people.
Discrimination can happen the basis
of colour, class, religion and gender.
• Caste system is the most dominant
reason for inequality and discrimination.
or equal protection within the territory • Gender discrimination refers to health,
of India and prohibits the unreasonable education, economic and political
discrimination between persons.
inequalities between men and women.
Our Constitution says ours is a land
• Religious discrimination is unequal
of diversity; therefore, equality has
treatment of an individual or group
to be ensured for all. Two significant
based on their beliefs.
parameters to ensure equality in society
are respecting diversity and ensuring
freedom. The different kinds of freedom
are freedom to follow their religion, speak
their language, celebrate their festivals • Prejudice: Negatively judging other
and express their views freely. people or seeing other people as inferior
The Constitution is a legal framework • Stereotype: Creating a standard image
of rules and regulations by which a
• Discrimination: When people are not
nation would function. Equality is where
treated equally on the basis of caste,
untouchability is seen as a crime. In
colour, religion, sex etc.,
India, as per the Article 17 of the Indian
Constitution, untouchability is totally • Inequality: Lacking equality, either
abolished and it's any form is forbidden. economic or social or both
Even today, different types of • Constitution: A constitution is a set of

discrimination are reported across the fundamental principles or established
country. Women, peasants, tribes and precedents according to which a state or
people from lower social classes are still other organisation is governed.
striving for equality in India.
222

EXERCISES (a) 14(1) (b) 15(1)
(c) 16(1) (d) 17(1)
I. Choose the correct answer:
9. B.R. Ambedkar was
1. Which one of the following is not the
conferred Bharat
reason for Prejudice?
Ratna in the year
(a) Socialization
(a) 1990 (b) 1989 (c) 1988 (d) 1987
(b) Economic Benefits
10. As per the 2011 Census the highest
(c) Authoritarian personality
literate district in Tamil Nadu
(d) Geography
(a) Namakkal (b) Salem
2. Discrimination done on the basis of
(c) Kanyakumari (d) Sivagangai
gender is referred to as
(a) gender discrimination II. Fill in the blanks:
(b) caste discrimination 1.People have false belief and ideas on
(c) religious discrimination others is called ____________.
(d) inequality 2. A.P.J. Abdul Kalam was born in_______
3. Gender-based stereotypes are often 3. ______ was the first recipient of Rajiv
portrayed in Gandhi Khel Ratna award, India’s
(a) films (b) advertisements highest Sport honour
(c) TV serials (d) All of these 4. __________ was the independent
4. Name the book/s written by A.P.J. India’s first Law Minister
Abdul Kalam 5. As per the 2011 Census the lowest Sex
(a) India 2020 (b) Wings of Fire ratio was in _____________
(c) Ignited Minds (d) All of these
III. Match the following:
5. A.P.J. Abdul Kalam was conferred
1. Prejudice - abolition of untouchability
Bharat Ratna in the year
2. Stereotype - t reating someone less
(a) 1997 (b) 1996 (c) 1995 (d) 1994
fairly than others
6. Viswanathan Anand became India’s
3. Discrimination - equality before law
first grandmaster in the year.
4. Article 14 -
false view or idea about
(a) 1985 (b) 1986 (c) 1987 (d) 1988
something
7. In which sport Ilavazhagi excels
5. Article 17 - judge other people
(a) Chess (b) Wrestling
negatively
(c) Carrom (d) Tennis
8. Which article of the Constitution says IV. Answer the following questions:
discrimination against any citizen on 1. What is Prejudice?
grounds only of religion, race, caste, 2. What is stereotype?
sex, place of birth or any of them is 3. What is discrimination?
not permitted?
223

4. What are the articles that are discussing
the equality in the Indian Constitution?
V. Answer the following in detail:

1. What are the causes of Prejudice?
2. Write any two types of discrimination?
3. Explain the solution to the removal of
inequality and discrimination in Indian
society?
VI. Projects and Activities:

1. Split the class into small groups, discuss
with your peer group on discrimination
and write a report on it.
2. Collect information about any two
famous personalities who faced
prejudice and discrimination.
VII. HOTS:
1. Various discrimination in India. Discuss.
VIII. Life Skill:

1. How can you fight against prejudice
and discrimination in your village?
IX. Internet Resources:

1. http://www.ncsc.nic.in/
(The National Commission for
Scheduled Castes)
2. http://ncst.nic.in/
Scheduled Tribes)
3. http://www.ncw.nic.in/
Women)
4. Censusindia.gov.in
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Unit 2
LOCAL BODIES –
RURAL AND URBAN
Learning Objectives
• To know about the structure and functions of rural and urban local
bodies.
• To know about the Grama Sabha and the purpose of Grama Sabha
meeting.
• To understand the special features of Panchayatraj.
• To know about the participation of women in local bodies.
• To know about the election of local body and will observe the forthcoming election.
Nandhini is in standard VI. It was her She was about to read the next heading,
custom to read the headlines in the but she had a doubt and asked her father.
newspaper loudly to her parents “Father, what is a corporation?”
Mr. Namburajan and Mrs. Manimegalai.
“The Government of Tamil Nadu will
They would clear her doubts. Sometimes,
declare certain municipalities based on
children from their neighbourhood would
population and high revenue. That’s how
also join her and each one will read an article
Nagercoil has to be declared as a corporation
loudly. As it was a Saturday, Johnson, Maran
too”, said her father Namburajan.
and Anwar were also in Nandhini’s house.
Nandhini started to read an article from the “Oh, if that is so, are there other
newspaper. corporations that exist already?”
“Nagercoil Municipality to become “Yes, there are twelve corporations in

corporation soon” Tamil Nadu”, said Namburajan.
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The List of corporations in Tamil Nadu “There are villages as well as cities in
1. Chennai 2. Madurai 3. Coimbatore Tamil Nadu, aren’t there?”
4. Tiruchirapalli 5. Salem 6. Tirunelveli “Yes, father”.
7. Erode 8. Thoothukudi 9. Tiruppur “Won’t the needs of villages and cities
10. Vellore 11. Dindigul 12. Thanjavur differ? Our constitution has provided certain
structures to fulfill the needs of the people.
CHENNAI
VELLORE Accordingly, the urban local bodies are
categorized into City Minicipal Corporations,
Municipalities and Town Panchayats, while
SALEM
ERODE the rural local bodies are categorised into

COIMBATORE TIRUPPUR TIRUCHIRAPALLI Village Panchayats, Panchayat Unions and
THANJAVUR
District Panchyats. These are together known
as local bodies.”
DINDIGUL
MADURAI
Bay of Bengal
“Oh, are there so many divisions?”
TIRUNELVELI “Yes, I’ll tell you about them. Didn’t I tell

I
UD
H UK you about the City Municipal Corporations?”
OT
T HO
NOT TO SCALE
“Yes, father”.
The Chennai “Those areas which have a population

of more than one lakh and a high amount of
Corporation which was
revenue and is found in the level below the
founded in 1688 is the
City Municipal Corporation is called a
oldest local body in India. Municipality.
• Walajahpet
Municipality (Vellore
District) is the first
Municipality in Tamil Nadu.
• Kanchipuram District has the

most number of municipalities.
“You mentioned something about

“Father, what about the place we live in” towns”.
enquired Maran. “A Town Panchayat has about 10,000
“We live in a Panchayat, Maran”. population. A Town Panchayat is between
a village and a city.
“What is a Panchayat?”
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There is something special about the also elected. A Block Development Officer
Town Panchayat. Can anyone tell me what is (BDO) is the administrative head, of a
it?”, asked Namburajan. Everyone was gazing Panchayat Union.
at him. But none answered.
The services are provided on the
“Well, I’ll tell the answer myself. Panchayat Union level.
Tamil Nadu was the first state to
Villupuram District
introduce a town Panchayat in the whole of
India”. has the highest number of
Panchayat Unions (22),
All were amazed on hearing it.
while The Nilgiris and Perambalur
A City Municipal Corporation has a
Commissioner, who is an Indian Districts have the lowest number (4).
Administrative Service (IAS) officer.

Government officials are deputed as District Panchayat
Commissioners for the municipalities. A District Panchayat is formed in every
The administrative officer of a Municipality
district. A district is divided into wards on the
is an Executive Officer (EO).
basis of 50,000 population. The ward
“You mentioned about Panchayats and members are elected by the Village
Panchayat Unions”. Panchayats. The members of the District
The Village Panchayats are the local Panchayat elect the District Panchayat
bodies of villages. They act as a link between Committee Chairperson. They provide
the people and the government. Villages are essential services and facilities to the rural
divided into wards based on their population. population and the planning and execution of
The representatives are elected by the people. development programmes for the district.
The Elected Representatives The local bodies are governed by the

1. Panchayat President representatives elected by the people. The
constituencies are called wards. People
2. Ward members
elect their ward members.
3. Councillor
The Mayor of the City Municipal
4. District Panchayat Corporation and the Municipal Chairperson
Ward Councillor are the elected representatives of the people.
Panchayat Union. The people elect them. The Corporation
Many village Panchayats join to form a Deputy Mayor and the Municipal Vice
Panchayat Union. A Councillor is elected Chairperson are elected by the ward
from each Panchayat, isn’t it? Those councillors councillors” finished Namburajan.
will elect a Panchayat Union Chairperson “What are the benefits of local bodies,
among themselves. A Vice Chairperson is uncle?”
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“There are many benefits. The services assign these works to their subordinate
provided can be divided as obligatory officers or other servants. Thus, they all work
functions and discretionary functions. These in various levels to get these public works
are provided by the local bodies. done”.
Functions of the village Panchayat “Will the Government provide funds for
Obligatory Functions these services, father?”
• Water supply “The Government directly allots funds
• Street lighting for these works. The local bodies also collect
• Cleaning roads revenue”.
• Drainage & sewage pipes system
Revenue of the Village Panchayat
• Laying down roads
• Activation of Central and State • House tax
Government schemes • Professional tax
Discretionary Functions • Tax on shops
• parks • Water charges
• Libraries • Specific fees for property tax
• Playgrounds, etc. • Specific fees for transfer of
immovable property
Functions of the City Municipal
• Funds from Central and State
Corporation
Governments, etc.
• Drinking water supply
Revenue of the City Municipal
• Street Lighting
Corporation
• Maintenance of Clean Environment
• Primary Health Facilities • House Tax
• Laying of Roads • Water Tax
• Building flyovers • Tax on shopping complexes
• Space for markets • Professional Tax
• Drainage System • Entertainment Tax
• Solid waste management • Vehicle Charges
• Corporation schools • Funds by Central and State
• Parks Government, etc.
• Play grounds
Activity
• Birth and Death registration, etc.
“So, who does all these works?” • Distinguish between rural and
urban revenue and functions.
“As per the decisions taken in the city
• Find out from your home: The taxes
Hall meetings, the commissioner or officers paid by your family.
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“How are the Grama Sabha meetings These are called Special Grama Sabha
held, uncle?” asked Maran. meetings.
“Grama Sabha meetings? In movies, I Activity

have seen elders sitting under trees and
The teacher guides the student to visit
discussing important matters and take the Grama Sabha meeting.
decisions,” said Johnson.
“Mahatma Gandhi advocated Panchayat
“No, no, both are different. A Grama Raj as the foundation of India’s political
Sabha is formed in every Village Panchayat. system, as a form of government, where
It is the only permanent unit in the Panchayat each village would be responsible for its own
Raj System. Grama Sabha meetings are held affairs. The Panchayat Raj Act was enacted
even in smaller villages. The Grama Sabha is on April 24, 1992”.
the grass root level democratic institution in a
Village Panchayat”. April 24 is National
Panchayat Raj Day.
Special features of Panchayat Raj

• Grama Sabha
• Three tier local body governance
• Reservations
• Panchayat Elections
• Tenure
• Finance Commission
Those who have attained the age of 18 • Account and Audit, etc
“Thank you very much, uncle. We really
years and whose names are found in the
learnt a lot about local bodies”, said the
electoral roll of the same Panchayat can take
children gratefully.
part in a Grama Sabha meeting. The Grama
Sabha meetings are conducted four times a “I’m very happy that I could share so
year. Officers like the District Collector, the much with you today. That’s enough of
Block Development Officer, teachers etc., also reading newspapers. Go out and play now”,
participate in this meeting. The people can said Namburajan.
freely express their needs and grievances”. The children ran out to play joyously.
When are these meetings convened?
Activity
January 26, May 1, August 15 and
The Central Government gives awards
October 2.
to the best performing Village
Apart from these days, the meetings can Panchayats. Find out if your village has
be convened as per need or during emergency. received such awards.
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Role of women in the Local Self

Think it over
Government
• Do you think the above numbers
All local bodies have a reservation of 33%
are stable? Find out about the recent
for women. In the 2011 Local Bodies election,
changes.
38% seats were won by women. As per the
• What is the number of votes cast by
Tamil Nadu Panchayats (Amendment) Act,
rural and urban voters in a local body
2016, 50% reservation for women is being
election?
fixed in Panchayat Raj institutions.
Activity HOTS
Why are there only 31 district panchayats, but
Find out about the ward members of
32 districts?
your area. Talk to the women members
and discuss about their participation
and experiences. Works carried out by local bodies
durings natural disasters and out
Local Body Election break of diseases.
The tenure for the representatives of local

self Government is 5 years. The election to the
Local Bodies is held once in five years by the
State Election Commission. Every state has a
State Election Commission. The Tamil Nadu
State Election Commission is situated in
Koyambedu, Chennai.
Tamil Nadu
Village Panchayats - 12,524
Panchayat Unions - 385
District Panchayats - 31
Town Panchayats - 561
Municipalities - 125
City Municipal Corporations - 12
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2. _________ is National Panchayat Raj Day.

a) January 24
b) July 24
Corporation - மாநகராட்சி
c) November 24
Municipality - நகராட்சி d) April 24
Town Panchayat - பேரூராட்சி 3.
The oldest urban local body in India is
Village Panchayat - கிராம ஊராட்சி __________.
Panchayat Union - ஊராட்சி ஒன்றியம் a) Delhi

b) Chennai
c) Kolkata
d) Mumbai
•
Local bodies are structures to fulfill the 4.
__________ District has the highest
needs of people. number of Panchayat Unions.
• Panchayat, Panchayat Union and District a) Vellore

Panchayat are rural local bodies. b) Thiruvallore
c) Villupuram
•
Town Panchayat, Municipality and
d) Kanchipuram
Corporation are urban local bodies.
• Grama Sabha is the only permanent unit 5.
The head of a corporation is called a
in a village Panchayat. __________.
• Panchayat Raj System strengthened the a) Mayor

local bodies. b) Commissioner
c) Chair Person
• The election of local bodies take place in
d) President
every five years.
II. Fill in the blanks.
1. __________ is the first state in India to

Exercises
introduce town Panchayat.
I. Choose the correct
answer. 2. The Panchayat Raj Act was enacted in the
1.
________ is set up with several village year __________.
panchayats
3. The tenure of the local body representative
a) Panchayat Union is __________ years.
b) District Panchayat
c) Taluk 4.
__________ is the first municipality in
d) Revenue village Tamil Nadu.
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III. Match 7. List out a few means of revenue of village

Panchayats.
1. Grama Sabha - Executive Officer
8.
When are Grama Sabha meetings
2. Panchayat Union - State Election
convened? What are the special on those
Commission
days?
3. Town Panchayat - Block Development
9. What are the special features of Panchayat
Officer
Raj system?
4. Local body election - Permanent Unit
10. What is the importance of Grama Sabha?
IV. Answer the following.
V. HOTs
1. Is there any corporation in your district?
1. Local bodies play an important role in the
Name it.
development of villages and cities. How?
2. What is the need for local bodies?
VI. Activities
3.
What are the divisions of a rural local
1.
Prepare a questionaire to interview a
body?
local body representative.
4. What are the divisions of a Urban local
2. Discuss; If there is a contribution to the
body?
improvement of your school by local body
5. Who are the representatives elected in a representatives
Village Panchayat?
3.
If I were a local body representative,
6. List out a few functions of corporations. I would.....
4. Find out the number of local bodies in
your district and list them.
Name
Village Panchayat District Town
of the Municipality Corporation
Panchayat Union Panchayat Panchayat
District
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UNIT
FORMS OF GOVERNMENT
1
Learning Objectives
To know about the type of constitutions
To understand the forms of government
To learn the merits and demerits of the different forms of government
To understand the differences between the Unitary and Federal,

Presidential and Parliamentary forms of governments
Government is the main agency of executive and judicial powers based on

the state. It comprises of several members the constitution and the laws. There are
belonging to political and administrative three organs in government, namely –
wings. It serves as the instrument for Legislature, Executive and Judiciary. These
delegation and execution of the state organs carry out the activities of the state.
policies for the welfare of the people. It Governments are classified into unitary,
formulates, expresses and realises the will federal, parliamentary and presidential
of the state. It exercises certain legislative, forms.
109 Forms of Government .1
9th 3nd Term_Civics_English_Unit-1.indd 109 08-12-2018 15:15:09

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The term Government is derived from

Legislature Old French 'governer', derived from Latin
'gubernare' to direct, rule, guide, govern".
Organs of
Government Executive
Which is the oldest form of
government?
Judiciary Monarchy is the oldest form of

government in the United Kingdom. In
a monarchy, a king or queen is Head of
Meaning State. The British monarchy is known as
a constitutional monarchy. This means,
'Government' refers to the executive
while The Sovereign is Head of State,
functions of the state. It denotes a body having
the ability to make and pass legislation
authority to make and enforce laws applicable
resides with an elected Parliament.
to the civil, corporate, religious, academic or
other groups.
TYPES OF CONSTITUTION
Written Constitution /
Un Written Constitution
Types Of Federal / Unitary

Constitution
Flexible / Rigid
single centre, whereas in a federal form of

Unitary Form of
government authority and power is distributed
Government
between centre and the constituent units.
A unitary system of government or Even in a Unitary form of Government, there
unitary state, is a sovereign state governed might be a lot of decentralisation of authority,
as a single entity. The central government but we cannot claim it as a federal system.
is supreme and the administrative divisions
Merits of unitary form of government
exercise only powers that the central
government has delegated to them. • Suitable for small countries.
England, France, Japan and SriLanka • There is no conflict of authority and
are examples of Unitary Form of governments. responsibility.
In a Unitary form of government, • A
unitary government will make prompt
all the authority and power is vested in a decisions and take speedy action.
1. Forms of Government 110

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• A unitary government is less expensive. respective jurisdictions independently. U.S.A,

• Amendments to the constitution are easy. Switzerland, Australia, Canada, Russia, Brazil,
Argentina have federal form of governments.
• T
here is unity, uniformity of law, policy
In a federal model, the national government is
and administration.
known as the Federal government or the Central
De-merits of unitary form of government government or the Union government and
• It is not suitable for big countries. the regional government is known as the state
government or the provincial government.
• The central government will have to tackle
so many complex problems that lead to Merits of federal form of government
administrative delay • Reconciliation of local autonomy with
• The central government will not national unity
concentrate on local problems, local • Division of power between centre and
interest and initiative. states leads to administrative efficiency
• The concentration of powers may pave • It gives rise to big states
way for the despotism of the central • Distribution of powers check the
government. despotism of central government
Unitary features of the indian constitution • More suitable for bigger countries
• Strong Centre • It is good for economic and cultural
• Central Government’s control over state progress
territory De-merits of federal form of government
• Single Constitution
• Federal government is weaker when
• Flexibility of the Constitution compared to the unitary government.
• Unequal representation of states • Federal government is more expensive
• Emergency Provisions • Provincial tendencies are very common
• Single Citizenship • Lack of uniformity in Administration
• Single Integrated Judiciary • Threat to national unity
• All India Services • Distribution of powers between centre
• Appointment of Governor by the central and states lead to conflicts
government • Double Citizenship
• Rigid constitution cannot be mended
Federal form of easily for changing needs
government • The state governments sometimes place
hindrances in the foreign policy
The classification of governments into
unitary and federal is based on the nature of Country Name of Parliament
relations between the national and the regional Israel Knesset
governments.
Germany Bundestag
A federal government is one in which Denmark Folketing
powers are divided between the national
government and the regional governments by
Norway Storting
the Constitution itself and both operate in their U.S.A Congress

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Federal features of the Indian constitution The Constitution is the supreme law of
• Dual Government the land. The laws enacted by the Centre and
the states must confirm to its provisions.
• Written Constitution
• Division of Powers • Rigid Constitution
• Supremacy of the Constitution • Independent Judiciary
• Bicameralism
Difference between Unitary form and Federal form of Government
Unitary Form of Government Federal Form of Government

Only one Level of Government or Sub units Two Levels of Government
Mostly Single Citizenship Dual Citizenship
Sub Units cannot operate independently Federal Units are answerable to Central Government
No Division of Power Division of Power
Centralisation of Power Decentralisation of Power
Parliamentary form of Merits of the parliamentary form of

government
government
• Harmony between Legislature and
Modern democratic governments are Executive
classified into parliamentary and presidential
• Responsible Government
on the basis of the nature of relations between
• Prevents Dictatorship
the executive and the legislative organs of the
government. • Wide Representation
The parliamentary system of government Demerits of the parliamentary form of

is the one in which the executive is responsible government
to the legislature for its policies and acts.
• Unstable Government
The parliamentary government is also • No Continuity of Policies
known as cabinet government or responsible • Dictatorship of the Cabinet
government or Westminster model of • Against Separation of Powers
government and is prevalent in Britain, Japan,
Canada and India among others.
The presidential form
Features of parliamentary form of of government
government
The Presidential Form Of Government
• Nominal and Real Executives
is also known as non-responsible or non-
• Majority Party Rule parliamentary or fixed executive system of
• Collective Responsibility government, basically built on the principle of
separation of power and is prevalent in the USA,
• Dual Membership
Brazil, Russia and Sri Lanka among others.
• Leadership of the Prime Minister

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Features of presidential form of government The President cannot dissolve the House of
The American President is both the head Representatives—the lower house of the Congress.
of the State and the head of government. As The doctrine of separation of powers is the
the head of State, he occupies a ceremonial basis of the American presidential system. The
position. As the head of government, he leads legislative, executive and judicial powers of the
the executive organ of the government. government are separated and vested in three
The President is elected by an electoral independent organs of the government.
college for a fixed tenure of four years. He Merits of the presidential system of
cannot be removed by the Congress, except by government
impeachment for a grave unconstitutional act.
• emocratic
D
The President governs with the help of
a cabinet or a smaller body called ‘Kitchen • Effective Control by the President
Cabinet’. It is only an advisory body and consists • Facilitate decision-making
of non-elected departmental secretaries. They are • State government
selected and appointed by him, are responsible Demerits of the presidential system of
only to him and can be removed by him any time. government
The President and his secretaries are not
• Can degenerate into Dictatorship
responsible to the Congress for their acts. They
neither possess membership in the Congress, • Strain relationship between executive and
nor attend its sessions. legislature
• L
ack of Harmony between the Legislature
Historic Transition in Bhutan and Executive
Third King - Abolishment of slavery
April Revolution and democracy in Nepal
Fourth King - Abdication of regal title
Fifth King - Democratic elections and On April, 2006 the leaders of
Nepal vibrant pro-democracy civil society
establishment of local self-government
movement “Seven Party Alliance” (SPA)
Transition from the hereditary
called for a million strong demonstration to
monarchy to the Parliamentary Democracy. be staged at 7 different points along the Ring
In 2006, the king abdicated the throne 34 road encircling the capital Kathmandu. The
years after ascending it. His son Crown millions of citizens who made up the people's
Prince Jigme Khesar Namgyel Wangchuck movement demanded an end to autocratic
became the fifth monarch and head of the rule of monarchy and Restoration of total
state of the Himalayan kingdom. Now democracy in the Himalayan kingdom. An
unprecedented development forced King
Bhutan is a Parliamentary Democracy and
Gyanendra to step down and paved the way
King Jigme a constitutional monarch.
for democracy.
HISTORIC TRANSITION IN
BHUTAN
Courtesy: The Hindu - 3.11.2008

Cartoon by Keshav

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Difference between the Parliamentary Form of Government

and Presidential Form of Government
Presidential Form of Government Parliamentary Form of Government

President is directly elected by the People Prime Minister is from the majority party
President is Supreme Central Legislature is supreme
Separation of Powers Absence of Separation Powers Centralisation
Independent branches Independent branches with Overlapping functions
President - Head of the State President - Head of the State
President - Head of the Government Prime Minister - Head of the Government
Individual Leadership Collective leadership
President is not accountable to Congress Collective and Individual Responsibility
The relationship between the Centre and the State in India

India is a union of States where the power is shared between the centre and the
states, as per the procedures mentioned in the Constitution of India. Though the powers
are shared between the Central and State Governments, the final decision is by the
Central government in all matters. The relationship between the centre and the states are
1. Legislative relations (Articles 245-255)

2. Administrative relations (Articles 256-263)
3. Financial relations(Articles 268-293)
Both the Central and State governments have the power to make laws, but the matters
differ. The centre can make laws applicable to the whole nation on certain matters called as
the union list. The States have the powers to make laws in some matters only, applicable to
their own state, called as the State list. The concurrent list includes the subjects on which both
Central and State government have the power to make laws.
Union List: Union list has 100 subjects. These include Foreign affairs, Defence, Armed forces,
Posts and Telegraphs, inter-state trade and commerce and so on.
State List: The state list consists of 61 subjects, which include Public order in the state,
police, prisons, Local Governments, agriculture and so on.
Concurrent List: The Concurrent list has 52 subjects which include Criminal and Civil
procedures, marriage and divorce, economic and special planning, newspapers, books and
printing presses, population control and so on.

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THE CONCEPT OF socio-economic development; environmental

GOVERNANCE conservation; preservation and promotion of
culture; and good governance”.
From Government to Governance
GNH is distinguishable by valuing
Good governance is an indeterminate
collective happiness as the goal of governance
term used in the international development
and by emphasising harmony with nature
literature to describe how public institutions
and traditional values.
conduct public affairs and manage public
resources. Governance is 'the process of
decision-making and the process by which GLOSSARY
decisions are implemented'.
General agreement on
Consensus
'Government' and 'governance' are
an isssue
synonyms, both denoting the exercise of
authority in an organization, institution or state. Ecercise
Despotism of absolute
power
Characteristics of good governance
Having
Executive to do with
• Participation carrying out laws
• Rule Of Law The judges of a court
Judiciary
considered as a group
• Transparency
Legislature Law making body
• Responsiveness A form of government
Monarchy
• Consensus Orientation in which a single
person is the hereditary
• Equity head of the state
• Effectiveness And Efficiency Rigid Hard to change
• Accountability
Recap
Gross National Happiness Government refers to the executive

(GNH): function of the state.
Gross National Happiness is a Legislature, Executive, Judiciary are

developing philosophy as well as an 'index' the three organs of government.
which is used to measure the collective The four important forms of
happiness in any specific nation.The concept Governments are Unitary, Federal,
was first mentioned in the constitution of Parliamentary and Presidential forms.
Bhutan, which was enacted on 18 July 2008. India practises a Parliamentary form
The term 'Gross National Happiness' of Government.
was coined by the fourth king of Bhutan, Jigme Governance is the process of decision
Singye Wangchuck, in the 1970s. The GNH’s making and the process by which they
central tenets are: “Sustainable and equitable are implemented.

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Exercise VI. Answer in detail
I. Fill in the blanks 1. Write about the merits of unitary form of
government.
1.
_______, _______ are a
2.
Write about the presidential form of
few examples for unitary
government and what is the difference

form of government.
between presidential and parliamentary

2.
The Parliamentary government is also forms of government.
known as ______________.
3. In the parliamentary form of government REFERENCE BOOKS
______________ is the leader of the major-
1. Vijayaragavan, Political Thought, New
ity party.
Delhi,STERLING PUBLICATIONS
II. Fill in the blanks 2. D.D.Basu, Introduction to the Constitution
of Indian, New Delhi, LEXISNEXIS
Country Name of the Parliament
3. R.C.Agarwal, Political Theory, New Delhi,
1. USA ____________________
S.CHAND
2. Norway ____________________
4. The Oxford Hand Book of The Indian
3. ___________ Folketing Constitution
III. Distinguish Between 5. Anup Chand Kapur, Principles of Political

Science, New Delhi, S.CHAND
1. Unitary and federal forms of government.
2.
Parliamentary and presidential forms of
government. INTERNET RESOURCES
IV. Give short note on
1. http://www.worldbank.org/
1. Democracy in Nepal
2. https://openknowledge.worldbank.org/
2. Unitary form of government handle/10986/5980
V. Answer the following 3. http://www.grossnationalhappiness.com/
articles/
1. List out the types of constitution.
2.
What are the merits of a federal
government?
3. Write down the differences between unitary
form of government and federal form of
government.

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UNIT
LOCAL SELF GOVERNMENT
2
Learning Objectives
To study and understand the development of local self government
before and after Indian independence
To learn about the rural and urban local governments
To learn about the nature and working of Panchayat Raj system in India
To understand the 73rd and 74th Constitutional Amendment Acts, 1992
To know about the historical origin and development in local self governments
in Tamil Nadu
Meaning of Local Self society. It works at the grassroot level, close to

the people, touching their everyday life. Local
Government
Self-Government is the management of local
Local Self-Governments are affairs by such local bodies which have been
institutions that look after the administration elected by the local people. These local bodies
of an area or a small community such provide services to the local community as
as a village, a town or a city. Local Self- well as act as an instrument of democratic
Government operates at the lowest level of self-government.
117 Local Self Government .2

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Historical Background Lord Ripon

The idea of local self government
Lord Ripon was the one who gave
is a very old concept in India. It was at its
Indians the first taste of freedom by
peak under the later Cholas or the Imperial
introducing the Local Self Government in
Cholas of Tanjore. There are historical
1882.
records of references to local self government
under Mauryan administration. Local self Ripon took
government existed throughout the country some steps towards
with its own diverse characteristics of ancient liberalizing the
India. During the medieval period, local self administration
governments had somewhat declined due in India. He
to the onslaught of feudalism. It was revived formulated
during the British period in the last quarter the local self
of the 19th century, with Western orientation government and Lord Ripon
of training in democracy with Lord Ripon’s made it clear that he was advocating for the
Resolution in 1882. Lord Ripon was known
decentralization of administration.
as the ‘Father of Local Government for laying
the foundations of local self governments in He tried to remove obstacles in
modern times. the sphere of Local Self government by
his resolution of 1882. He led a series of
Under the Government of India Act,
enactments in which larger powers of the
1935 provincial autonomy was introduced.
local self-government were given to the rural
This Act came into force in 1937. In the
and urban bodies and the elected people
provinces where the Congress formed its
Government, rural development received received wider rights.
special attention. It was an essential part of
Gandhi’s programme that Panchayat Raj
institutions would be built from villages to Local Self Governments
the highest level. since Independence
After Independence, the Gandhian The conceptualisation of the system
ideal of Grama Swaraj (Village Republic) of local self-government in India took place
greatly influenced the constitution makers. through the formation and effort of four
India being the land of villages, the creation important committees from the year 1957
of village panchayats became a social to 1986. The Community Development
movement. Restoration of panchayats Programme (1952) and National Extension
has become an article of faith during our Service (1953) became a basis for 'The Great
freedom struggle. Hence with the dawn of Charter on Panchayat Raj' in 1957.
independence and framing of the constitution
of India, Article 40 was incorporated in the Salient Features of the 73rd and 74th
constitution which reads as: “the State should Constitution Amendment Acts (1992)
take steps to organise village panchayats and
¾¾ Panchayats and Minicipalities will be
endow them with such powers and authority as
'institutions of self-government'.
may be necessary to enable them to function as
the units of self Governments.”
2. Local Self Government 118

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Balwant Rai Mehta Commitee (1957) Salient Features of the Tamil Nadu Panchayati
Three-tier Panchayati Raj system – gram Raj Act, 1994
panchayat at village level (direct election),
panchayat Samiti at the block level and Zila The New Panchayati Raj System came
Parishad at the district level (indirect election).
into being in Tamil Nadu after the enactment
Ashok Mehta Commitee (1977-1978)
of a new law for local body institutions in
Two-tier system and political parties should the year 1994. The salient features of the new
participate at all levels in the elections.
Act are as follows: (a) A three-tier system
(b) Gram Sabha (c) Establishment of Election
G V K Rao Commitee (1985)
Commission (d) Constitution of Finance
Appointed by the Planning Commission, the
commitee concluded that the developmental Commission (e) Reservation of seats for
procedures were gradually being taken away from
the local self-government institutions, resulting in SC/ST’s proportionate to their population
a system comparable to ‘grass without roots’.
One third reservation of seats for women
and (g) Constitution of District Planning
L M Singhvi Commitee (1986)
Committees.
73rd and 74th Constitutional Amendment
Acts, 1992.
Village Panchayat
Committees and Recommendations Local governments which are function
in villages are called Village Panchayats. The
¾¾ Basic Units of Democratic System – Grama President and ward members are directly
Sabhas (Villages) and Ward Committees elected by the people. (Those who have
(Municipalities) comprising all the adult attained the age above 18) and their term
members registered as voters. of office is five years. District Collector
¾¾ Three-tier system of panchayats at village, act as the Inspector of Village Panchayat.
intermediate block/taluk/mandal and Village Panchayats are constituted in each
district levels. Two-tier for smaller states and every village wherever the population
with population below 2 million. is above 500.
¾¾ Seats at all levels filled by direct elections. Functions of the Village Panchayat
¾¾ Seats reserved for Scheduled Castes (SCs) • Supply of drinking water
and chairpersons of the Panchayats at all • Maintenance of street lights
levels also shall be reserved for SCs and
STs in proportion to their population. • Maintenance of roads
¾¾ One-third of the total number of seats • Maintenance of village libraries

reserved for women. One-third of the seats • Maintenance of small bridges
reserved for SCs and STs also reserved for • Granting permission to the housing plots
women. One-third offices of chairpersons
at all levels reserved for women. • Maintenance of drainage
¾¾ Uniform five year term and elections to • Construction of group houses

constitute new bodies to be completed • Cleaning of streets
before the expiry of the term. In the event
• Maintenance of burial grounds
of dissolution, elections must be held
compulsorily within six months. • Maintenance of common lavatory facilities

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Historical Origin and Development of Local Self Government in Tamil Nadu

Tamil Nadu has a long history of local self-governance as is evident
from the Uthiramerur stone inscriptions in Kanchipuram District.
Tamil Nadu, in those days was a land of village republics, with
community groups undertaking many activities for their area
development. This tradition reached its peak during the 10th
and 11th centuries under the reign of Cholas when Village
Councils used to levy taxes, improve community life and
administer justice in their limited area. These Village Councils
had effective links with the Chola rulers. “Kuda Olai Murai” was
the name of the secret ballot method exercised to elect members
to the Village Councils. With the downfall of
Cholas, the state experienced a decline of the village autonomy and
rise of the centralized feudal administrative system. This continued
till British rules introduced local self-governance
primarily as an administrative convenience for the
colonial British Government.
In the post independence era, the first
enactment in democratic decentralization
in the state was the Madras Village
Panchayats Act, 1950. Pursuant to the White Paper on the 'Reform
of Local Administration' in 1957, the Madras Panchayats Act, 1958
and Madras District Development Council Act were enacted with
the following salient features.
Voluntary Functions. Revenue

According to the Tamil Nadu Local Village Panchayat was the only local
Government Act passed in 1994, the following government which was empowered to levy
functions to be performed as voluntary taxes in the three-tier system of Village
Panchayat.
functions by the local governments.
Taxes
• Maintenance of street lights in the villages
• Property Tax
• Maintenance of markets and fairs • Professional Tax
• Implantation of trees • House Tax
• Taxes for connection of drinking water
• Maintenance of play grounds
• Land Tax
• Maintenance of parking vehicles, slaughter • Taxes levied on shops
houses and cattle sheds
• Control over places of exhibition Go to the local government office in

your village and know about the levying
of taxes.

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Meeting of Gram Sabha Functions of the Panchayat Union

In each and every village, the people • Supply of drinking water
living within its jurisdiction will be the
• Maintenance of Village Health Centres
members of Panchayat. The President of the
Panchayat will preside over its meetings. In the • Maintenance of roads
meeting of the Grama Sabha, the income and • Establishment of Maternity Homes
expenditure and the beneficiary of the schemes
• Establishment of Public fairs
in the village are discussed.
• Establishment of Veterinary hospitals
• Maintenance of Social forests
• Repairing of Primary School buildings
Where will you report if street lights are

not functioning and drinking water is not
available in the tap in your village?
Grama Sabha
Meetings of the Grama Sabha are conducted The district collector, Planning officer,
four times a year concerned Block Development Officer are
empowered to supervise the developmental
1. January 26 - Republic Day
functions of the Panchayat Union.
2. May 1 - Labourer Day
3. August 15 - Independent Day District Panchayat
4. October 2 - Gandhi Jayanthi A District Panchayat is constituted in each
Panchayat Union district. One district Panchayat is constituted for
Panchayat Union is formed by grouping every 50,000 people and the ward members are
of villages. Members of the Panchayat Union are directly elected by the people. The Chairman is
directly elected by the people. The Chairman of elected from one among its members and their
the Panchayat Union is chosen from among the term is 5 years.
members.
Functions of District Panchayat
• Advising the government about the
developmental schemes of the Village
Panchayat and Panchayat Union.
District
• Supervising the functions of District
Panchayat
Planning Commission.
Panchayat Urban Local Government

Union • Town Panchayat
• Municipality
Village • Corporation
Panchayat

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the Chairman of the corporation. The term

Gandhi’s Concept of Gram Swaraj
of office of the Mayor and other members is
Gandhi really five years.
wanted ‘Swaraj’, the self
rule by the people of In Tamil Nadu, there are 12 Corporations.
India who represent the They are in Chennai, Kovai, Madurai,
rural mass. He observed Trichy, Tirunelveli, Salem, Erode, Vellore,
'India’s soul lives in the Tuticorin, Tirupur, Tanjore, Dindigul.
village'. He dreamt of village republics in terms
of Panchayat in free India. The Municipal Commissioner will
Mahatma Gandhi advocated Panchayat be a person from the Indian Administrative
Raj, a decentralized form of government, Service (IAS). All the decisions of the
where each village is responsible for its own Corporation Council will be implemented by
affairs, as the foundation of India’s political him. He will be assisted by the office of the
system. corporation.
In simpler words, Gandhi’s ideal village
should be basically self-reliant, making Name the British Viceroy after whom the
provision for all necessities of life-food building of Chennai Corporation is name.
clothing, clean water, sanitation, housing,
education, and other requirements, including
government and self-defense.
Town Panchayat
The area where more than 10,000 people
live is called a Town Panchayat. Members and
President of the town Panchayat are directly Corporation of Chennai
elected by the people. There is an Executive
Officer to look after the administration of the Important functions of the Mayor
Town Panchayat and their term of office is • He acts as a bridge between the members
5 years. of the corporation and the government
Municipality • He presides over the meetings of the
Corporation Council
The area where more than 1,00,000
• He receives the dignitaries from foreign
people live is called a Municipality.
countries
The Members and the Chairman of the
Municipalities are directly elected by the Types of other Urban Panchayats
people and their term of office is five years.
• Notified Area Committee
A Municipal Commissioner is appointed by the
government to administer the Municipality. • Town Area Committee
Corporation • Cantonment Board
Municipal corporations are established • Township

in big cities where the city has many lakhs of • Port Trust
population. The Municipal Commissioner
• Special Purpose Agency
is the Administrative Officer. The Mayor is

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Elections to the local government in Tamil • Role of caste, class and religion in decision-
Nadu making at the local self governments
The State Election Commission • Poor accountability of elected members
conducts the elections to the local and officials at the grassroot levels of
government like general elections. The democracy
electoral roll is prepared ward wise. Seats
are reserved for the SC & ST and also for the
Piped water supply scheme in Erode
women in proportion to the population by
Municipality:-
rotation basis.
Periyar E.V.Ramasamy bacame
Problems and Challenges facing the Local
the Chairman
Self Governments
of E ro d e
Local self governments are the crucial Municipality in
basis for our democracy. The Constitutional
1917. During his
status of local self governments adds more
tenure in Erode
significance to their functioning. There are,
however, a few critical concerns in the working M u n i c i p a l i t y,
of local self governments in India. Major Periyar worked
problems and challenges may be mentioned as effectively for
below: Providing piped
• Lack of clear demarcation of powers and drinking water supply and health facilities
functions of local bodies to the people. Piped water supply scheme
• Allocation of funds and needs assessment was implemented in 1919 by Periyar. This
are not matched scheme was said to be first of kind in the
history of Indian Municipal administration.
Odanthurai Panchayat
With permanent concrete houses built over a period,
the village now has been declared as hut less village which
provides continuous water supply, quality road networks to
the residents.
The most notable among Odanthurai's Self-help
ventures is its experiments with renewable energy sources. By
awaiting loan from the banks and subsidy by The Government, the village panchayat had
installed a small wind tarn at the cost of Rs.2.3 Cr which generates around 7.5 lakh units of
electricity in a year. While the Panchayat’s need is only 2.5 lakh units, the remaining power
is sold to TANGEDCO, fetching an annual income of around R.s 20 lakh. Moreover the
panchayat had installed a 9kw biomass gasifier Power generation system to substitute the grid
electricity for pumping drinking water.
Solar based streetlight and biogas system connected to houses for cooking purpose
are some of the highlights of the self-reliant in energy aspect by this model village panchayat,
Odanthurai

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GLOSSARY
Recap
Allocation - an amount of a resource
assigned to a particular recipient Local Self Government operates at the
Amendment - changes made to an lowest level of society.
existing law Lord Ripon is known as the ‘Father of
Local Self Government’.
Autonomy - self government
‘Kuda Olai Murai’ during the Chola rule
Cantonment - a military garrison or
was a ballot method to elect members
camp
to the village councils.
Clusters - a group of similar things or
The New Panchayat Raj system came
people into being in Tamil Nadu in the year
Conceptualisation - the action of 1994.
forming a concept Village Panchayats are local
Decentralisation the transfer
- governments of villages.
of authority from central to local Meetings of the Grama Sabha are
government conducted four times a year.
Dignitaries - persons considered to Panchayat Union is formed by grouping
be of high rank or office of villages.
Dissolution - formally ending or District Panchayat is constituted in each

dismissing an assembly district.
Grass root level - the most basic Corporations, Municipalities and Town
Panchayats are urban local bodies.
level
Mayor is the Chairman of the
Judicial - relating to the administration
corporation.
of justice
The state Election Commission
Onslaught - a fierce attack
conducts the elections to the local
Pursuant - following government.
Rejuvenated - restore
Revitalisation - to give new life Exercise

Revived - re-establish
I Choose the correct
Self Government - a system in which answer.
the citizens rule themselves
1.
Which committee was
Slaughter - killing of animals for food appointed by the planning
commission in 1985.
Tier - a series of levels of a structure
placed one above the other a) Balwant Rai Mehta b) Ashok Mehta
Voluntary - done of one’s own free c) G V K Rao d) L M Singhvi

will

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2.
The Uthiramerur stone inscription show III. Match the following:
evidences of prevelant local self government
1. Zilla Parishad - Villages
during the ____________ period in Tamil
Nadu. 2. Gram Sabhas - Mayor
3. Ward Committees - Chairman
a) Chola
4. Panchayat Union - District Collector
b) Chera
5. Corporation - Municipalities
c) Pandiya
IV. Find out the correct statement
d) Pallava
Panchayat Union is formed by grouping of
i.
3.
The 73rd and 74th constitutional
Districts.
Amendment Acts, was enacted during the
year in __________. ii.
District Panchayat is constituted in each
village.
a) 1992
iii.
The Municipal Commissioner will be a
b) 1995 person from the Indian Administration
c) 1997 Service (IAS).
d) 1990 iv. In Village Panchayat, the President and ward
members are elected by the people.
4.
_____________ act as the inspector of
Village Panchayat. V. Answer in brief.
a) Commissioner 1.
Name the taxes levied by the Village
Panchayat.
b) District Collector
2. List out the salient features of Tamil Nadu
c) Councillors Panchayat Raj Act 1994.
d) Mayor 3.
Mention the important functions of the
Village Panchayat.
II Fill in the blanks. 4. Which are the voluntary functions of the
1. _____________ is known as the 'Father of local governments?
Local Governments'. 5. Who is the head of the District Panchayat?
2. Restoration of ______________ has become 6. Name the Urban local governments.
an article of faith during our freedom VI. Answer in paragraph.
struggle.
1. Write in details about the salient features of
3.
_______________ was the name of the the 73rd & 74th Constitutional Amendment
secret ballot method exercised to elect Act (1992).
members to the village councils during the
2. Describe the major problems & challenges
Chola period
faced by the local self governments.
4.
Local Government which function in
villages are called _____________. VII. Activity
5.
_____________ will look after the 1.
Meet your Panchayat President /
administration of the Town Panchayat. Municipal Chairman and discuss with
him how the local self goverment is being
administered.

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UNIT
HUMAN RIGHTS
1
Learning Objectives
To know about the international efforts for protecting human rights.
To understand the basic human rights ensured in the Indian
Constitution.
To understand about the functions of institutions and issues involved
in human rights.
To have a glimpse on the types of human rights
The lesson travels through the history and the person was ordered to move to a van
of organisations for human rights. The compartment at the end of the train. The
rights ensured by the Universal Declaration man who had the first-class ticket refused
of Human Rights being highlighted. to leave and was thrown off the train at
Fundamental rights are enshrined in the Pietermaritzburg. Shivering in the winter
Indian Constitution and fundamental night in the waiting room of the station
duties incorporated in the Constitution changed the course of his life. He took up
along with the introduction to National and the fight against racial oppression. The spirit
State Human Rights Commissions and their for active non-violence started from that
functions are explained. Extended rights moment.
like child rights, SC and ST rights, women Can you guess the person? He is none other
rights, labour rights, etc., are also discussed. than Mahatma Gandhi. Gandhi made the
In June 1893, while a person was on momentous decision to stay on in South
his way to Pretoria, a white man objected Africa and fight racial discrimination
the person’s presence in a first class carriage against the Indians there. Out of that
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struggle emerged his unique way of protest The history of human rights has
nonviolent Satyagraha. roots in all the great events of the world and
What do you think about this incident? it has sustained the struggle for freedom and
equality everywhere. The United Nations
Organisation (U.N.O) was formed after the
Second World War. It proposed to deal with
the consequences of war and to prevent
such happenings in the future. UNO was
established in 1945
The Universal Declaration of Human
Rights(UDHR) has played a crucial role in
promoting human rights
Gandhi in SouthAfrica End of Apartheid
Mandela raises his fist soon after his

release from jail after 27 years
Inscription at the railway station
Apartheid was the highest form
Do you think Gandhi had the right to travel of discrimination that existed in
in first class? South Africa. Places of residence were
As a human being, Gandhi had all the rights determined by racial classification.
to travel in the first class compartment. But It was the governing policy in the
he was discriminated because of his skin country by the minority whites over
colour. Discrimination is not only done the majority non-whites. The people
based on colour, it is done on the basis of of South Africa protested against racial
race, gender, place of birth, caste, religion discrimination.
Nelson Mandela raised his voice
and so on.
against apartheid. When he organised
Due to these discriminations, people are defiant campaigns against the
prohibited from enjoying their basic human government, he was imprisoned. Amid
rights. growing domestic and international
pressure and with the fear of a racial civil
1 What are Human Rights?
war, President F. W. de Klerk released
The U.N.O defines Human rights as him in 1990.
“The right inherent to all human beings, The efforts taken by Mandela and de
regardless of race, gender, nationality, Klerk put an end to apartheid. In 1994, a
ethnicity, language, religion or any other multiracial general election was held, in
status. Every one is entitled to these rights which Mandela led the African National
without discrimination.” Congress to victory and became President.
1. Human Rights 104

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2 Universal Declaration its components in conditions of equality,

human dignity and non-discrimination.
of Human Rights (UDHR)
Civil and Political Rights:-
The Universal Declaration of Human Civil and political rights protect an
Rights is a milestone document in the individual’s freedom from infringement by
history of human rights. It was drafted by the government, social organizations and
the representatives with different legal and private individuals. These rights ensure one’s
cultural back grounds from all regions of ability to participate in the civil and political
the world. The Declaration was proclaimed life of the society and state.
by the United Nations General Assembly
in Paris on 10th December 1948 (General The term ‘Civil rights’ refers to the basic
Assembly resolution 217A) as a common rights afforded by laws of the government, to
standard of achievement of all people and every person regardless of race, nationality,
all nations. The first time it sets out the colour , gender, age, religion etc.,
fundamental human rights to be universally Political rights exercised in the formation
protected and the UDHR has been translated and administration of a government. They
into many languages. are given to the citizens by law. These rights
There are 30 articles in the Universal give power to the citizens to participate either
Declaration of Human Rights and it directly or indirectly in the administration.
guarantees freedom of expression as well
as civil, political, social, economic and 3 Fundamental Rights in
cultural rights. These rights apply to all India
people, irrespective of their race, gender and
nationality, as all people are born free and Fundamental rights are required for
equal. the all round development of a human being.
This general explanation of Human They make the life of people meaningful by
Rights by UDHR is not a legally binding giving them rights like speech and to live in
document; however it has a political and an area of their choice.
moral importance and many of its guarantees
The fundamental rights are :
have become standard norms today.
Social, Economic and Cultural Rights:- • Right to Equality
Social ,economic and cultural rights are • Right to Freedom
integral part of the human rights law that • Right against Exploitation
developed due to the aftermath of World • Right to Freedom of Conscience and
War II. Religion
Social rights are necessary for full • Cultural and Educational Rights for
participation in the society. Economic rights minorities
guarantee every person to have conditions
• Right to Constitutional Remedies
under which they are able to meet their
needs. They are a part of a range of legal Right to Equality
principles through which economic equality
It refers to equality before law and equal
and freedom are preserved in a State.
protection of law. Prohibition or
Cultural rights are human rights that discrimination on the grounds of religion,
aim at assuring the enjoyment of culture and caste, races, gender or place of birth is
1. Human Rights 105

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offensive and one can seek justice from court.
Right to Freedom of Conscience and

Religion
Share your views about this picture This right gives the citizens freedom to
follow and practice a religion of their choice.
Right to Freedom
Six different types of freedom are
mentioned in the Constitution. They are:
a. Freedom of speech and expression.
b. Freedom to assemble peacefully without
arms.
c. Freedom to form associations and unions.
d. Freedom to reside and settle in any part
of India.
e. Freedom to move freely throughout the
territory of India.
f. Freedom to practice any profession All citizens have the freedom of conscience
and carry on any occupation, trade or or ideas. The citizens also have the freedom
business. to follow their own ways for practicing any
religion.
Cultural and Educational Rights
The Constitution gives us the right to
preserve, protect and promote culture. We
have the right to open schools, associations
and societies to preserve and promote our
tradition and culture. Similarly a group of
people may open a school for imparting
religious education to children. The
government also promotes such activities
Right against Exploitation
by giving grants. However, such institutions
It is against the law to employ children cannot deny admission to anyone based on
below 14 years of age in mines, factories or their caste, colour, creed or even religion.
other occupations. Neither contractor nor
an employer can force a worker to do a job
against the their will.
1. Human Rights 106

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Differences Between Human Rights and Fundamental Rights

Human Rights Fundamental Rights
• The elemental rights of the citizens of a
• The rights that a human being deserves country, which are listed in the constitution
to survive with respect and freedoms. and enforceable under the law is known as
fundamental rights.
• Human rights include those rights
• Fundamental rights includes only those
which are basic to a real life and are
rights which are basic to a normal life.
absolute, i.e. it cannot be taken away.
• Human rights are recognised at • Fundamental rights are guaranteed under
international level. the constitution of the country.
Human rights as declared by the UN, suggest minimum standards of rights to be adopted
by Government and these serve more or less like Directive Principles.
WRIT is a written order from the court or 4 Fundamental Duties
other legal authority ordering to do an act
These are in the form of duties and
or not to do it.
responsibilities of citizens. ‘The original
Right to Constitutional Remedies Constitution which came into force with
effect from 26th January, 1950 did not
Fundamental Rights are guaranteed by contain Fundamental Duties.
the Constitution. By this right, a person can
adopt Constitutional means and approach a These were incorporated in the
court if he is denied the Fundamental Rights. Constitution by the 42nd Amendment Act
The court then issues orders which are in 1976. The Constitution states eleven
called ‘Writs’ to the government to restore Fundamental Duties as given below:
the rights to the citizen. The Constitutional 1. Respect for the Constitution and its
Remedies put to right anything which may ideals and institutions, the National Flag
be wrong in terms of the Constitution. This and the National Anthem.
right therefore protects and safeguards all
2. To follow and cherish the noble ideals
other rights.
which inspired our National Struggle for
freedom.
PreethikaYashini won her right of
employment by approaching the court 3. To uphold and protect the sovereignty,
according to the Right to Constitutional unity and integrity of India.
remedies. 4. To defend the country and render
national service when called upon to do
so.
5. To promote harmony and spirit of
common brotherhood amongst all
the people of India, transcending
religious, linguistic, regional or sectional
diversities, to renounce practices
derogatory to the dignity of women.
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6. To value and preserve the rich heritage The National Human Rights
of our composite culture. Commission is an autonomous body
7. To protect and improve the natural constituted on 12th October 1993 under
environment including forests, lakes, the protection of Human rights Act,1993.
rivers and wildlife and have compassion It consists of a chairman and few other
on living creatures. members. NHRC is responsible for the
8. To develop the scientific temper, protection and promotion of human rights
humanism and the spirit of inquiry and in India defined by the Act as rights relating
reform. to life, liberty, equality and dignity of the
individual guaranteed by the Constitution
9. To safeguard public property and to
or embodied in the international covenants.
abjure from violence.
10. To strive towards excellence in all spheres Functions of NHRC
of individual and collective activity, so • To inquire into the violation of human
that the nation constantly rises to higher rights or negligence in the prevention of
levels of endeavour and achievements. such violation by a public servant
11. To provide opportunities for education
by the parent and guardian to their child • To intervene in court proceedings
or ward upto the age of 14 years. relating to human rights
• To undertake and promote research in
the field of human rights
• To engage in human rights education
Maintenance and among various sections of society
welfare of parents and
• To encourage the effects of NGOs and
Senior Citizens Act,
institutions working in the field of
2007 is a legislation
human rights.
passed in 2007 by the
Government of India. 6 State Human Rights
This Act is a legal obligation for children Commission(SHRC)
and heirs to provide maintenance to
senior citizens and parents.
5 National Human Rights

Commission
Every state in India has a State

Human Rights Commission established in
accordance with the power conferred on
the state under section 21of the Protection
of Human Rights Act, 1993. The protection
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and promotion of human rights constitute • Right against other forms of exploitation
the principal concern of the Commission. like Child labour.
Moreover, the procedures adopted by the • Right to life
Commission to conduct its proceedings,
the suo motu actions taken on complaints A child has the right to survive even before its
regardless of the sources received and the birth. The right to survival also includes the
transparency of the proceedings of the right to be born, the right to basic needs of food,
SHRC add strength to its functioning in a shelter and clothing and a dignified living.
state. • Right to Family Environment
Functions of SHRC A child has the right to live a normal
childhood in a family environment. Children
• The SHRC shall enquire into violation who have been left destitute, abandoned or
of human rights in respect of matters orphaned also have the right to live. These
specified in the state and concurrent lists. children can be given for adoption to caring
families.
• Its objectives and duties are the same as
NHRC, but confined only to the state. It • Right to benefit from Social security
has a chairman and two members. Children should get financial support
from the country when their parents or
• It has the power of a civil court and can
guardians are unable to provide them with
take cognizance of cases if received or in
a good standard of living by themselves, due
suo motu.
to any illness, disability or old age.
• It can also recommend compensation
HOTS
to victims.
Democracy, Development and Fundamental
Child Rights
Rights - Can you establish a positive link
Apart from the fundamental rights among these three factors?
described by the Constitution, we have to
ensure certain other rights. • Right to Education
Right to Education Act is an Act of the
A child is a person who has not
Parliament of India enacted in 2009 for
completed the age of 18 years i.e. a minor
free and compulsory education for children
as per UNO. This principle is exhibited in from 6 to 14 years of age as under Article
Articles 25 of the Universal Declaration of 21A of the Constitution.
Human Rights. Based on these principles,
the declaration of the Rights of the child was The Right of children To free and
accepted and adopted in the UN General compulsory Education (RTE) Act, 2009,
Assembly on 20th November, 1989. means that every child has a right to
• Right to life formal Elementary Education. This right
• Right to family environment of children provides free and compulsory
• Right to Education education till the completion of elementary
education in a neighbourhood school.
• Right to benefit from Social security
The child need not pay any kind of fee for
• Right against sexual exploitation completing elementary education.
• Right against sale or trafficking
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• Right against sale or trafficking

Malala - Nobel Peace prize laureate says
Children should be treated as
"I loved school. But everything changed
when the fundamentalist took control of individuals with fundamental human
our town in Swat Valley. rights. Children are vulnerable. There
are root causes such as poverty, gender
discrimination, broken families etc., behind
the sale or trafficking of children.
They said girls could no longer go to

school. I spoke out publicly on behalf of
girls and our right to learn. And this made
me a target.
In October 2012, on my way home from
school, a masked gunman boarded my
school bus and asked, “Who is Malala?”
He shot me on the left side of my head.
I woke up 10 days later in a hospital in
Birmingham, England. After months
of surgeries and rehabilitation, I joined
my family in our new home in the U.K. The Kavalan SOS App is
I determined to continue my fight until launched by the Government
every girl could go to school. of Tamil Nadu for public use during
Every day I fight to ensure all girls receive emergencies. Anyone in a critical
12 years of free, safe, quality education. situation, not only women, can easily and
With more than 130 million girls out of directly access the State Police Control
school today, there is more work to be Room using this App.
done. I hope you will join my fight for
education and equality. Together, we can
create a world where all girls can learn Children are subjected to sale or trafficking
and lead. for various reasons – economic exploitation,
sexual exploitation, sexual abuse, drug
If you were Malala, what would you have
trafficking and child labour.
done?
Is Malala's fight necessary?
Have you heard about child trafficking?
Are girl children treated and given Conduct a debate on this topic in your class
education equally?
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• Right against sexual exploitation • Right against other forms of

The state should protect children exploitation like Child labour
from sexual exploitation and abuse, when Children are often employed in several
they are forced or persuaded to take part in industries. These children are deprived of their
sexual activities physically or mentally. childhood, health and education. This will lead
to a life of poverty and want. These children are
POCSO Act - Protection of Children from made to work in glass, match-box, lock-making
Sexual Offences Act factories, rag-picking, carpet – making industry,
beedi - rolling, mining, stone quarrying, brick
kilns and tea gardens etc.
Work is mostly gender – specific, with
girls performing more home – based work, while
boys are employed as waged labour. Since these
children work in agricultural fields, restaurants,
motor repair workshops and home – based
The Protection of Children from Sexual
industries, elimination of child labour remains a
Offences Act, 2012 regards the best interest of
challenge.
the child as being of paramount importance
at every stage.
Salient features of POCSO Act Kailash Satyarthi is a Nobel
• The Act defines a child as any person below Peace Prize recipient and the
eighteen years of age, to ensure the healthy, founder of Bachpan Bachao
physical, emotional, intellectual and social
Andolan, and many other child
development of the child.
rights organisations. More than 86,000 children
• When the abuse is committed by a person
in India have been liberated by him and his
in a position of trust or authority vis-à-vis
the child, like a family member, neighbours team members from child labour, slavery and
or any other acquaintances. trafficking. An 80,000 km long Global March
• The statement of the child is to be recorded against Child Labour was led by Kailash in 1998
exactly as the child narrates. which turned the world’s attention towards the
• A child not to be called repeatedly to testify. issue of Child labour.
An ordinance providing the death
penalty for rapists of girls below 12 years of
age and other stringent penal provisions for
rape has been promulgated in April 2018. The
Criminal Law Amendment Ordinance, 2018,
amended the Indian Penal Code . Another
salient feature of this amendment is that the
fine imposed shall be just and reasonable to
The findings of an international survey
meet the medical expenses and rehabilitation
reveals that children with disabilities are 3.4%
of the victim.
more sexually abused than normal children.
1098 Child Rights in the Indian Constitution
Childline is India's first 24 hours free
emergency phone service for children in Article 24 – No child below the age of 14
need of assistance. Special care is given for must be employed in hazardous employment.
vulnerable children like those affected by child Article 45 – Free and compulsory education
labour, child marriage and children affected by for all children until they attain the age of 14
any abuse. years.
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Rosa Parks- a Symbol of Dignity

By refusing to give up her seat to a white
man on a Montgomery, Alabama, city bus
in 1955, one Rosa Parks (1913—2005)
helped to initiate the
civil rights
movement in the
United States. The
leaders of the local
Afro -American
Children are the foundation of any
nation. When girls get married early, they lose c o m m u n i t y
many privileges like childhood happiness, organized a bus
availing education and a healthy life. The society boycott that began
in turn gets affected by child marriage. Thus child the day (same
marriage should be avoided at any cost. Monday, every week) Parks was convicted
of violating the segregation laws. Led by a
Women Rights young Rev. Dr.
The National Commission for Women Martin Luther
(NCW) is constituted in India to review the
Constitutional and legal safeguards for women,
King Jr., the
recommends remedial measures and advises the boycott lasted
government on all matters of policy affecting the more than a
welfare and development of women in the country. year—during
In modern India, women have held high which Parks not
offices including that of the President, Prime
coincidentally
Minister, Speaker of the Lok Sabha, Leader
of the Opposition, Union Ministers, Chief lost her job—and ended only when the
Ministers and Governors. U.S. Supreme Court ruled that bus
segregation was unconstitutional. Over
In Tamil Nadu, ancestral property the next half-century, Parks became a
rights were given to women through Hindu nationally recognized symbol of dignity
Succession (Tamil Nadu Amendment) Act and strength in the struggle to end
1989.
The Central Government amended
entrenched racial segregation.
the Hindu Succession Act in 2005. By this
amendment, women are now given equal
shares in inheritance of the undivided Women Labourers' Welfare and
property. Ambedkar
Dr B.R. Ambedkar framed many laws
Women's rights under the for women workers in India such as the
Constitution of India mainly include equality, 'Mines Maternity Benefit Act', 'Women
dignity, and freedom from discrimination; Labour Welfare Fund', 'Women and Child
additionally, India has various statutes Labour Protection Act', 'Maternity Benefit
governing the rights of women. for Women Labour', and 'Restoration
of Ban on Employment of Women on
Underground Work in Coal Mines'.
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SC and ST Rights
Inorder to ensure the dignity and security of Adi Dravidars (mostly referred as
Scheduled Castes in other States) and remove all forms of exclusion, marginalization,
untouchability and discrimination the Government formulate policies, plans, budgets,
schemes and programmes for ensuring the right to social equity, access to entitlements and
right to dignity. These rights facilitate the betterment of their socio-economic conditions
as well as conferring democratic and political rights.
Furthermore, the Scheduled Tribes constitute a total of 8.6 percent of India’s
population. They continue to practice their native norms and customs and on most
occasions remain inaccessible to the rest of the world. This has become an important
ground for the preservation of their rights.
Rise of Democracy Fall of an inhuman wall
Reservations Communities Reservation in (%)

The state of Tamil Nadu provides Backward Classes 26.5
69% of reservation to the Scheduled Classes, Backward Class
3.5
Scheduled Tribes, Backward Classes, Most Muslims
Backward Classes, Most Backward Classes, Most Backward
Classes/Denotified 20
Denotified communities and Minorities. in Communities
employment and educational institutions. Scheduled Castes 18
Government of Tamil Nadu provides inner Scheduled Tribes 3
reservations for Muslims in BC and for Total 69
Arunthathiyar in SC category.
Under each reserved category and
The follwing table gives us a very clear in General category 33% is reserved for
picture of the percentage of reservations for women and 4% is reserved for differently
various communities by the Government of abled persons. Special reservation offered
Tamil Nadu. to Arunthathiyars with in the seats reserved
for Scheduled castes. For persons studied in
Tamil medium 20% seats are offered under
1. Human Rights 113

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each category on priority basis. • If a reply is not received within 30 days,

an appeal can be filed with the Appellate
Right to Information Act (RTI)
Authority.
The Right to Information Act is a
revolutionary act that aims to promote Labour Rights
transparency in the government institutions The Constitution ensures right to
in India. This act was enacted in October equality, equality of opportunity in public
2005. employment, right to form associations
A common man can demand and unions, right to livelihood, prohibits
any government organization to provide trafficking, forced labour and child labour.
information. The information must be Article 39(d) ensures equal wages to male and
provided within thirty days. If not, a fee will female workers for equal work.
be collected as penalty from the concerned
official. Activity
It is one of the most powerful laws
of the country. This act is people friendly; List out various jobs in the format given
even an illiterate person can ask any Public below and fill in the amount of wages for
Information Officer to write it down for him. male and female employees.
All government agencies like Municipal
Corporations, Government departments, S. No Job / Wages Wages of
Government Schools, Road Authorities, Occupation of male female
etc., come under this Act. employee employee
RTI Activists
1.
2.
3.
4.
Aruna Roy Nikil Dey 5.
Through RTI one can get even copies

of government documents such as records,
It is a great victory for
reports, papers, etc., Personal information
female workers who stand all
of individuals and organisations related
the time more or less 12-14
to the country’s defence and intelligence,
hours per day while they are
such as BSF, CRPF, Intelligence Bureau are
working in shops and commercial malls
exempted from the RTI.
in Kerala for decades as Government of
• Sign the Application form with your full Kerala amended the shops and commercial
name and address along with the date establishment Act in July 2018.
and send it through a registered post to
Female workers who are working
the office of the concerned authority.
in shops and commercial malls are not
1. Human Rights 114

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allowed to sit or even lean on the Recap

wall. They were allowed only 5 minutes of
break two times a day to take rest. Discrimination is the partial
treatment of people.
There was a strong voice against UNO's definition of human rights.
this inhuman practice among women History of human rights has its roots
workers for a long time. Considering this, from the aftermath of second world
the Government of Kerala has decided war.
to redress by amending the Shops and Universal Declaration of Human
Commercial Establishment Act in July Rights.
2018. Indian Constitution ensures six
fundamental rights and eleven duties
of a citizen.
Contribution of Dr.B.R. Ambedkar Formation and functions of
National and State Human Rights
Commissions.
Extended rights such as child rights,
SC and ST rights, women rights,
Right to Information Act (RTI) and
labor laws.
GLOSSARY
Fundamental - basic
Dr.B.R. Ambedkar's contribution to Racial - related to a race of people

labourers. Ethnicity - belonging to a particular social
• Reduction in Factory Working Hours group
(8 hours a day) Remedy - Solution to an issue /problem
• Compulsory Recognition of Trade Unions Intervene - get involved
• Employment Exchange in India Compensation - amount awarded to
• Employees State Insurance (ESI) someone for injury or loss
• Minimum Wages Victim - a person who gets harmed

• Coal and Mica Mines Provident Fund Abandoned - left
Trafficking - carry forcefully from a place
to another.
“The rights of every man are diminished
when the rights of one man are threatened”
said John F. Kennedy. Civilized nations of
the world insist on equality. Nations pay
more attention on human rights to ensure
equality. This helps in maintaining peace,
harmony and development of the country.
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Exercises: i) The state Human Rights commission

was established in 1993.
I Choose the ii) It has the power of a civil count.
correct answer iii) It’s power extend beyond the state.
iv) It can also recommend compensation
1. Apartheid’ was followed
to victims.
by ______________
a) i and ii are true
a) South Sudan b) South Africa
b) i and iii are true
c) Nigeria d) Egypt
c) i, ii and iii are true
2. ________________ right exercises in the
d) i, ii and iv are true
formation and administration of a govern-
8. Consider the following statements.
ment.
Assertions (A): Rights and duties are the
a) Social b) Economic
two sides of the same coin.
c) Political d) Cultural
Reason (R): We have a right to freedom of
3. A 10 year old boy is working in a shop. religions. We have to promote harmony
Which right can you use to recover him? and the spirit of the people of other
a) Right to equality religions.
b) Right to freedom a) both A and R are correct and R explains A
c) Right against exploitation b) both A and R are correct but R does not
d) Right to freedom of Religion explain A
c) A is correct but R is false
4. Which one of the following rights has
d) A is false but R is correct
increased the influence of the people over
bureaucracy? 9. According to the UNO a child is a
person who has not completed the age of
a) Right to equality
____________ years.
b) Right to information
a) 12 b) 14 c) 16 d) 18
c) Right to education
10. Kailash Satyarthi and Malala have been
d) Right to freedom awarded Nobel Prize for _____________.
5. What is the time limit to get the information a) Literature b) Peace
from RTI Act 2005? c) Physics d) Economics
a) 20 days b) 25 days II Fill in the blanks
c) 30 days d) 35 days
1. The Universal Declaration of Human Rights
6. ______________ right was removed (UDHR) was adopted on ______________.
from the fundamental Rights by the 44th
2. The Universal Declaration of Human Rights
Amendment.
Contains ______________ articles.
a) Right to own (or) sell property
3. The fundamental Duties were incorporated
b) Right to freedom of religion
in the Constitution by ______________
c) Child labour and right against
Amendment Act.
exploitaion
d) None of the above 4. The National Human Rights commission
7. Which of the following statements are true? was established on ______________.
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5. ______________ Act came into effect on 1st 4. Write a short note on the Right to
April 2010. Constitutional Remedies.
6. Indian state to implement women ancestral 5. Define: POCSO
property Act in 1989 was ______________. 6. Why do children need special attention?
7. The Civil Rights movement in the United
7. What are the contributions to labourers by
State was initiated by ______________.
B.R. Ambetkar?
III Match the following
8. ‘All are equal before law’. But we have
1 Right to Vote Cultural Rights enacted a separate law for women – Justify
Right against 9. Write any two points on the contribution of
2 Right to form union
exploitation Dr. B.R. Ambedkar to labourers.
Right to preserve 10. Differentiate: Fundamental Rights and
3 Political Rights
tradition Human Rights.
The Hindu V Answer in detail
4 Right to freedom
Succession Act
1. Write a paragraph about UDHR.
5 Child labour 2005
2. What are fundamental duties? How would
IV Give short answers you follow these in your school premises?
3. How does the National Human Rights
1. What is Human Right? Commission protect our rights?
2. What are the fundamental rights? 4. What are the benefits for workers provided
3. What are the Child Rights define by the by labour law?
UNO? 5. How do you enjoy the fundamental rights in
your life?
VII Life Skill
Sl. The right

Pictures / Statement Remedial Action
No. Violated
1
Seeing a kid serving in a
restaurant
2
An abandoned old man
3
School denying
admission
4
Difference in wages
1. Human Rights 117

Unit - 1
How The State

Government Works
Learning Objectives
Students acquire knowledge in
▶ The State executive.
▶ Powers and functions of the Governor.
▶ Powers and functions of the Chief Minister.
▶ Legislative Assembly and Council.
▶ State Judiciary.
Introduction expiry of his full term, the President can dismiss

him from office. The Governor may also resign
There are two sets of government in our on his own interest. His term of office may be
country – the central government and the state extended and he may be transferred to another
government. There are 29 state governments in State. However, the State Government cannot
our country; every State has a government to remove the Governor from his post. To be the
run its own administration. The States have their Governor, a person must be a citizen of India
own executive and legislature and Judiciary. The and should have completed 35 years of age. And
state executive consists of the Governor and he cannot be a member of the Parliament or the
the Council of Ministers headed by the Chief State legislature. He should not hold any office
Minister. The Governor is an integral part of the of profit.
State legislature.
While appointing the Governor,
The State Executive the President acts as per the
advice of the Union Cabinet.
The Governor
The State Government is also
The Constitution consulted when the appoint-
provides for the post of the ment is to be made. Generally, a person is not
Governor as the Head of a appointed Governor in his own State.
State in India. He is appointed
by the President of India. He
Powers and functions
is the constitutional Head
of a State. The Governor is ■ The Governor is the Chief Executive in a
appointed for a term of five years. But before the State. All the executive powers of the State are
201
Unit-1_updated.indd 201 25-03-2019 11:32:16

vested upon him and decisions are taken in in a State. Therefore, he is responsible for
his name. He appoints the Chief Minister and maintaining relation between the Central
Council of Ministers. Government and the State Government. The
■H
e makes some important appointments Governor may advise the Council of Ministers
of the State Government, such as, the when faces difficult situations. The President
Advocate general, Chairman and members declares emergency in a State on the basis of
of the State Public Service Commission and the report of the Governor regarding the law
others. and order situation in the State. The Governor
■ Th
e President imposes emergency in a State takes independent decisions while exercising
under Article 356 on the basis of the report of discretionary powers. He may seek information
the Governor. The Governor also acts as the from the Council of Ministers regarding various
Chancellor of State Universities. activities of the Government.
■H
e summons and prorogues the sessions of The Chief Minister
the State legislature and he can dissolve the
The Governor appoints
Legislative Assembly.
the leader of the majority
■M
oney bills can be introduced in the State party in the State Legislative
Legislative Assembly only with the approval of
Assembly as the Chief
the Governor. The Governor may promulgate
Minister. He is the head of the
ordinances when the Legislative Assembly
State Council of Ministers. The
or both the Houses of the legislature (when
Chief Minister has no fixed term of office. He
there are two Houses) are not in session.
remains in office so long as he gets support of the
■ Th
e Governor may nominate one member
majority members of the Legislative Assembly.
from the Anglo- India Community to the
When he loses support in the legislature, he has
Legislative Assembly if there are Anglo-
to resign. The resignation of the Chief Minister
Indian people in a State and when they are
means the resignation of the whole Council of
not duly represented in the State legislature.
He may also nominate 1/6 members of the Ministers in the State.
Legislature Council from among persons The Chief Minister must be a member of
who are experts in the fields of science, the State Legislature. If he is not a member of
literature, arts, social service and cooperative the State legislature at the time of his taking
movement. over charge, he must be so within a period of
■ Th
e annual budget of the State Government six months.
is laid before the legislature with the Powers and Functions
approval of the Governor. The Governor
must give his assent to all the bills passed ■ Th
e Chief Minister is the chief administrator
in the legislature including money bills. The of the State. All major decisions of the State
Contingency fund of the State is also placed Government are taken under his leadership.
at the disposal of the Governor. ■ Th
e Chief Minister plays an important role in
Position of the Governor the formation of the Council of Ministers. On
the advice of the Chief Minister, the Governor
The position of the Governor of a State
appoints the other Ministers.
is compared to the President of India as a
nominal executive. But the Governor is not ■ Th
e Chief Minister supervises the activities
always a nominal executive. He can exercise of different ministries and advises them
his powers in the real sense on some occasions. accordingly. He also coordinates the activities
He acts as an agent of the Central Government of different ministries.
202

■ Th
e Chief Minister plays an important role At present, only seven states in
in making policies of the State Government. India have Legislative Council in
He has to ensure that the policies of the their legislature. They are Bihar,
government do not go against public interest. Uttar Pradesh, Maharashtra,
His voice is final in policy decisions of the Karnataka, Jammu & Kashmir,
State Government. Andhra Pradesh and Telengana
■H
e plays an important role in making higher
appointments of the State Government. The of the members of the Legislative Council are
Governor appoints different higher officials nominated by the Governor of the State.
of the State Government on the advice of the The Legislative Council is a permanent
Chief Minister and his Council of Ministers. house. One-third of its members retire every
two years and elections are held to fill the vacant
The Legislature seats. The members are elected for a term of six
years. To be a member of the Legislative Council,
In India, the State Legislature consists
one must be a citizen of India and should have
of the Governor and one or two houses. The
completed 30 years of age. He cannot be a
upper house is called the Legislative Council
member of the Legislative Assembly or either of
while the lower house is called the Legislative
the houses of the Parliament. The Chairman is
Assembly.
the presiding officer of the Legislative Council.
In his absence, the Deputy Chairman presides
over its meetings. They are elected from among
the members of that house.
Legislative Assembly
The people who make the laws of a
state government are called ‘Members of
the Legislative Assembly’ (MLA). MLAs are
chosen from different constituencies. For the
election of MLAs the entire state is divided into
different constituencies. These constituencies
are called the legislative constituencies. One
legislative constituency may have one lakh or
Legislative Council even more people. One MLA is chosen from
The Constitution provides that the total each legislative constituency to represent that
strength of the Legislative Council must not be legislative assembly.
less than 40 and not more than 1/3 of the total Election to the Assembly
strength of the Legislative Assembly of the State.
Different political parties compete in the
The members of the Legislative Council are
elections to the legislative assembly. These
elected indirectly. One third of its members are
parties nominate their candidates from each
elected by the local government bodies like the
constituency. The candidate is that person
District Panchayat and Municipalities. Another
who contests for the election and asks people
one third is elected by the members of the
to vote for him. A person has to be at least 25
Legislative Assembly. One twelfth is elected by
years old to contest for election to the legislative
the graduates of the constituency and another
assembly. One person can stand for election in
one twelfth by the teachers of secondary
more than one constituency at the same time.
schools, colleges and universities. One sixth
Even if a person does not belong to any political
203

party, he can contest election; such candidate is list. However, during state emergency, it cannot
called an independent candidate. Every party exercise its legislative power.
has its own symbol. Independent candidates The assembly has control over the State
are also given election symbol. The members of council of Ministers. The State council of
legislative assembly (MLA) are elected directly ministers are responsible or answerable to
by the people. All people residing in the area of the Assembly for its activities. The Assembly
a legislative constituency who are 18 years of may pass a no confidence motion against the
age can cast a vote in the legislative assembly council of Ministers and bring its downfall if
elections. it is not satisfied with the performance of the
According to the Constitution, a Legislative council of Ministers. The legislative Assembly
Assembly cannot have more than 500 members has control over the finances of the state. A
and not less than 60 members. Some seats money bill can be introduced only in the
in the Legislative Assembly are reserved for Assembly. The government cannot impose,
Scheduled Castes and Scheduled Tribes. The increase, lower or withdraw any tax without
Governor can nominate one member from the the approval of the Assembly. The elected
Anglo-Indian community.The members of the members of the Legislative Assembly can take
Legislative Assembly are elected for a term of part in the election of the president of India
five years. But the Governor can dissolve the and all members can take part in the election
house before the expiry of its term and can of the members of the Rajya Sabha from the
call for fresh elections. The meetings of the state. The Assembly also takes part in the
Assembly are presided over by the Speaker amendment of the Constitution on certain
who is elected from among the members of the matters. So the government has three basic
Assembly. In his absence, the Deputy Speaker functions: making laws, executing laws and
conducts its meetings. ensuring justice.
The States Council of Ministers
How laws are made in State
The leader of the majority party in the Government?
election is chosen as Chief Minister. In Tamil
Several kinds of rules and laws have been
Nadu there are 234 legislative constituencies.
made for all people of our country. For instance,
The party with more than 118 elected candidates
there is a law that you cannot keep a gun
(MLA) are invited by the governor to form the
without having a licence for it. Or that woman
Government. The Chief Minister (who also
cannot marry before the age of 18 years old and
should be an MLA) chooses his ministers from
the MLAs of his party. Ministers for various men cannot marry before the age of 21 years.
departments headed by the Chief Minister is These rules and laws have not been made just
called the State Government. So it is said that like that. People elected their government who
the party which got majority seats in the election thought carefully before making such laws. A
forms the government. lot of such laws are made by the state and central
government.
The working of the State Government In the legislative assembly meetings, MLAs
After being elected to the legislative discuss a number of topics like public works,
assembly the MLAs are expected to regularly education, law and order and various problems
participate in its sittings. The legislative faced by the state. The MLA s can ask questions
assembly meets 2 or 3 times in a year. The main to know the activities of ministries, which the
duty of the Legislative Assembly is to make laws concern ministers have to answer. The legislative
for the state. It can make law on the subjects assembly makes laws on certain issues. The
mentioned in the state list and the concurrent process of law making as follows:
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made by the legislative assembly- Collectors,
The State legislature follows the
Tahsildars, Block Development Officers,
same procedure for passing an
Revenue officers, Village Administrative
ordinary or a money bill like
Officers, Policemen, Teachers and Doctors,
that of the Parliament. In State
etc. All of them are paid salaries by the state
legislatures also, the Legislative
government. They have to follow the orders of
Assembly which is the lower house is more
the state government.
powerful than the Legislative Council which
is the upper house. Judiciary of State
High Courts
Executing Laws
It is the job of the state’s council of ministers The High court stands at the apex of the
to execute the law. The legislative assembly of State Judiciary. As per the constitution there
Tamilnadu is located at Chennai. The place shall be a High Court in each state. But there
where a state’s legislative assembly is located may be a common High Court for two or more
and where its council of ministers function is states and Union Territories. The State High
called the capital of that state. Court consists of a Chief Justice and such other
The state government has several lakhs Judges as the President may appoint from time
of government employees to execute the laws to time it necessary. The number of judges in
205

the High Courts is not uniform and fixed. The constitutional law, it can take up the case and
President appoints the Chief Justice of High decide it itself.
Court in consultation with the Chief Justice of ■ Th
e High Court controls all the subordinate
India and the Governor of the state. courts in the State.
A Judge of High Court must have the
following qualification:
■ Like the Supreme Court, the High Court also
acts as a Court of Record.
■ He must be a citizen of India
■ He must have at least ten years’ experience as For the purpose of judicial administration,
head of the judicial office in the territory of each state is divided into a number of districts,
India. each under the jurisdiction of a district judge.
■H e must have at least ten years’ experience as The district court Judges were appointed by
an advocate in one or more High Courts. the Governor. In the exercise of the above
mentioned powers, the High Court enjoys
A Judge of High Court holds the office
full powers and freedom to act within its
until he completes the age of 62 years. A Judge
jurisdiction. The constitutional safeguards have
of the High Court can be removed from office
ensured its independent working.
only for proven misbehaviour or incapacity and
only in the same manner in which a Judge of the Recap
Supreme Court is removed.
■ Th
ere are 29 state governments in our country.
Power and Functions of the High
Every State has a government to run its own
Court
administration.
■ Th
e High Court has been empowered to ■ Th
e Constitution provides for the post of the
issue writs of Habeas corpus, Mandamus, Governor as the Head of a State in India.
Prohibition, Certiorari and Quo Warranto
for the enforcement of the fundamental rights ■ Th
e Chief Minister plays an important role
and for other purposes. in making higher appointments of the State
Government.
■ E very High Court has a general power of
superintendence over all the lower courts ■ The people who make the laws of a state
and tribunals within its jurisdiction except government are called ‘members of the
military courts and tribunals. Legislative Assembly’ (MLA).
■ If a case is pending before a sub – ordinate ■ Th

e High court stands at the apex of the State
court and the High Court is satisfied that Judiciary. As per the constitution there shall
it involves a substantial question of the be a High Court in each state.
GLOSSARY
the body of voters who elect a
Constituency த�ொகுதி
representative for their area
power or authority to interpret and apply
Jurisdiction அதிகார வரம்பு
the law
an organized body having the authority to
Legislature சட்டமன்றம்
make laws for a political unit
Promulgate announce widely known பிரகடனம்
Prorogues to suspend or end a legislative session தள்ளிவை
206

III. Match the following.
Evaluation
1. Governor Lower House
2. Chief Minister Nominal Head
3. Legislative Assembly Upper House
I. Choose the correct 4. Legislative Council Real Head
answer.
1. The Governor of a state is IV. State true or false.
appointed by
1. Chief Minister is the chief administrator of
a) President b) Vice President
the State.
c) Prime Minister d) Chief Minister 2. The Governor nominates two members of
2. The State Council Minsters is headed by the Anglo- Indian Community to Legislative
a) The Governor b) Chief Minister Assembly.
c) Speaker d) Home Minister 3. The number of judges in the High Courts is
not uniform and fixed.
3. Who can summon and prorogue the sessions
of the State legislature? V. Choose the correct statement.
a) Home Minister b) President 1. The State Legislative Assembly participates in
c) Speaker d) The Governor the election of
4. Who does not participate in the appointment i) President
of the High Court Judge? ii) Vice – President
a) Governor iii) Rajya Sabha members
b) Chief Minister iv) Members of the Legislative Council of
c) Chief Justice of the High Court the State
d) President of India
a) i, ii & iii are Correct
5. The age of retirement of the Judges of the b) i & iii are Correct
High Court is c) i, iii & iv are correct
a) 62 b) 64 c) 65 d) 58 d) i, ii , iii & iv are correct
II. Fill in the blanks.
VI. Answer the following in one or two
1. ________ States are there in India at present.
sentences.
2. The tenure of the Governor is normally
________ years. 1. Name the two houses of the State legislature?
3. The District Judges are appointed by ________ 2. Write the qualifications of the members of the
4. The Governor is the ________ Head of the Legislative Assembly?
State. 3. How is the Chief Minister appointed?
5. Minimum age for elections as MLA ________ 4. How is the Council of Ministers formed?
years.
VII. Answer the following in detail.
1. Discuss the powers and functions of the Chief
Minister.
2. Discuss the powers and functions of the
Legislative Assembly.?
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3. Write about the powers and functions of the ■ Om Prakash Aggarawala, S.K. Aiyar The
High Court? Constitution of India, Metropolitan Book
Company Ltd., Delhi 1950
VIII. Project and Activity.
List out the name of the Tamil Nadu Governor
and Chief Minister, Ministers and Governors INTERNET RESOURCES
and Chief Ministers of the neighbouring
states. ■ www.tnrajbhavan.gov.in/
■ www.tn.gov.in/
REFERENCE BOOKS ■ indiancourts.nic.in/
■ The Constitution of India, Government of

India, Ministry of Law and Justice, 2011
ICT CORNER
HOW THE STATE GOVERNMENT WORKS
Through this activity students

will explore the Indian Parliament
Virtually
Steps
• Enter the following URL or scan the QR code to land in Lok Sabha official website.Select
“Members” tab to explore the sitting members of the parliament.
• Scroll the middle section of the page to know the cabinet members of different departments
that governs India.
• Hover the mouse over the “pie chart” to know the strength of the different parties that
constitutes the central government.
• Click “Virtual tour” from the lower section of the page and view the structure of the
parliament.
Website URL:
https://indiancitizenshiponline.nic.in/Home.aspx
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Unit - 2
Citizens and Citizenship
Learning Objectives
Students acquire knowledge in
▶ Meaning, definition of citizens and citizenship
▶ The Constitutional Provisions of India
▶ Acquisition and termination of Indian citizenship
▶ Nature of overseas citizenship of India
▶ Rights and responsibility of a citizen
Introduction Indian Citizenship Act, 1955

Civics is the study of government. The
This act is to provide for the
word ‘Citizen’ is derived from the Latin word
acquisition and termination of
‘Civis’ which means resident of a City State of
Indian citizenship.
Ancient Rome. After the disappearance of City-
State system, it has been used to mean a member
of the State. The citizens of a state enjoy full civil Acquisition of citizenship
and political rights.
The citizenship Act of 1955 prescribes
Citizen and Citizenship five ways of acquiring citizenship. They are by
birth, descent, registration, naturalisation and
Citizen is a person of a country who is
incorporation of territory.
entitled to enjoy all the legal rights and privileges
granted by a state and is obligated to obey its 1) By Birth
laws and to fulfill his duties.
Citizenship is the status given to the citizens a. A person born in India
which provide them the right to legally live in a on or after 26th January
country as long as they want. 1950 but before 1st July
1987 is a citizen of India
Types of Citizen by birth irrespective of
There are two types of citizens, Natural and the nationality of his Parents.
Naturalised citizens. b. A person born in India on or after1st July
1. Natural citizens: are the citizens by birth. 1987 is considered as a citizen of India only
2.
Naturalised citizens: are the one who if either of his Parents is a citizen of India at
acquires citizenship. the time of his birth.
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UNIT_2_updated.indd 209 25-03-2019 11:32:42

c. Those born in India on or after 3rd d. he is a good character and has an adequate
December 2004 are considered citizens of knowledge of a language specified in
India or one of whose parents is a citizen of the Eighth Schedule to the Constitution.
India and the other is not an illegal migrant (presently 22 languages)
at the time of their birth.
5) By incorporation of Territory
2) By Descent a. If any foreign territory becomes a part of
a. A Person born outside India on or after 26th India, the Government of India specifies
January 1950 but before 10th December the persons who among the people of the
1992 is a citizen of India by descent, if his territory shall be the citizens of India.
father was a citizen of India at the time of Such persons become the citizens of India
his birth. from the notified date. For example, when
b. A person born outside India on or after 10th Pondicherry became a part of India, the
December 1992 is considered as a citizen of Government of India issued the citizenship
India if either of his parents is a citizen of (Pondicherry) order, 1962.
India at the time of his birth.
c. From 3rd December 2004 onwards, a
person born outside India shall not be a Loss of Indian Citizenship
citizen of India by descent, unless his birth Part II of the Constitution of India (Article
is registered at an Indian consulate within 5-11) prescribes three ways of losing citizenship.
one year of the date of birth.
Renunciation: (is a voluntary act) when a
3) By Registration person after acquiring the citizenship of another
country gives up his/her Indian citizenship.
a. A Person of Indian origin who is ordinarily
resident in any country or place outside Termination: (takes place by operation of
undivided India. law) When an Indian citizen voluntarily
b. A Person of Indian origin who is ordinarily acquires the citizenship of another country;
resident in India for seven years before he/she automatically ceases to be an Indian
making an application for registration. citizen.
c. A Person who is married to a citizen of Deprivation: (is a compulsory termination)
India and is ordinarily resident in India for The citizenship is deprived on the basis of
seven years before making an application an order of the Government of India in cases
for registration involving acquisition of Indian citizenship by
fraud, false representation or being disloyal to
4) By Naturalisation the Constitution.
The Central Government may, on an
application, grant a certificate of naturalization
Nationality and citizenship
to any person
Nationality is the status of
a. if he is not a citizen of any country where
belonging to a particular nation
citizens of India are Prevented from
by origin, birth basically, it’s
becoming subjects or citizens of that
an ethnic and racial concept.
country
Nationality of a person cannot be changed.
b. a citizen of any country, renounce the
Citizenship is granted to an individual
citizenship of that country
by the government of the country when
c. he has either resided in India or been in
he/she complies with the legal formalities.
the service of a Government in India or
Citizenship can be changed.
throughout the period of twelve months
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Single citizenship beliefs and opinions of others, defending the
country, respect and obey state and local laws
Our Indian Constitution provides for only and so on)
Single citizenship, that is, the Indian citizenship.
But federal states like USA and Switzerland Alien and immigrant are two terms that
has dual citizenship. (National citizenship are used to refer to non-nationals of a country.
and the State citizenship). In India, all citizens Alien refers to all non-citizens or non-
irrespective of the state in which they are born nationals residing in a country.eg. tourists,
or reside enjoy the same political and civil rights foreign students
of citizenship all over the country. Immigrant refers to alien who has
been granted the right to reside and work
permanently without restriction in a
As per the order precedence particular country.
President is the first citizen of
our country. Qualities of a good citizen
■ Loyalty to the Constitution.
Overseas Citizenship of ■ Obeys laws.
India ■ Contributes to society and community and
performs civic duty.
Non - Resident Indian
An Indian citizen who is residing outside ■ Quality of goodness and justice.
India and holds an Indian passport.
■ Respecting diversity.
Person on Indian Origin
A person whose any ancestors was an Indian nationals Global Citizenship
and who is presently holding another country's
citizenship.(other than Pakistan, Bangaladesh, Sri
Lanka, Bhutan,Afghanistan. China and Nepal). The Global citizenship is an idea that everyone,
PIO scheme was rescinded w.e.f. 09-01-2015
no matter where they live is part of a worldwide
Overseas Citizen of India Card Holder community rather than as the citizen of
It is an immigration status permitting a foreign
citizen of Indian origin to live and work in particular nation or place. All people have rights
the Republic of India indefinitely. (Except the
citizen of Pakistan and Bangladesh). There are and civic responsibilities. It is fundamental in
no voting rights for an OCI card holder. enabling young people to access and participate
in shaping modern society.
Rights and Duties of Citizen

Our Constitution confers the following
rights for the citizen of India.
■ Fundamental Rights
■ Right to vote in the election to the Lok
Sabha and the State Legislature
■ Right to hold certain public offices
■ Right to become the Member of Parliament
and State Legislature.
According to 42 Amendment of our
Constitution, a set of Fundamental Duties are
prescribed for all citizens of India. (For e.g.
paying taxes honestly, respecting the rights,
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for the people of India to promote the feeling
Overseas Indians’ Day
of fraternity and unity among them to build an
Pravasi Bharatiya Divas integrated Indian nation.
(PBD) Sponsored by Ministry of
Recap
External Affairs of Government
of India is celebrated once in ■ Citizen is a person of a country who is
every two years, to “mark the contributions entitled to enjoy all the legal rights and
of Overseas Indian Community in the privileges granted by a State.
development of India”. The day commemorates ■ Part II of the constitution of India, Articles
the arrival of Mahatma Gandhi in India from 5 – 11 deals with the Citizenship of India.
South Africa.
■ Indian Citizenship Act of 1955 provides for
the acquisition and termination of Indian
Conclusion citizenship.
Our Constitution of India has introduced ■ Our Indian Constitution provides for Single
Single citizenship and provides uniform rights Citizenship.
Glossary
acquisition act of acquiring முயன்று அடைதல்
amendment a minor change திருத்தம்
Constitution Law determining the fundamental அரசியலமைப்பு
political principles of a government
fraternity brotherhood சக�ோதரத்துவம்
Resident inhabitant குடியிருப்பவர்
a. The Prime Minister

Evaluation b. The President
c. The Chief Minister
d. The Chief Justice of India
I. Choose the correct II. Fill in the blanks.

answer. 1. ____________ of a state enjoy full civil and
1. Which of the following is not political rights.
a condition for becoming 2. Our Indian Constitution provides for only
the citizen of India? ______________citizenship.
3. An Indian citizen who is residing outside
a. Birth b. acquiring property
India and holds an Indian passport are
c. descent d. naturalization called__________________.
4. All have right and __________responsibility
2. ______________of the Constitution of India
citizens.
deals with the Citizenship.
5. ___________ is an idea enabling young
a. Part II b. Part II Article 5-11 peopel to access and participate in shaping
c. Part II Article 5-6 d. Part I Article 5-11 modern society.
3. Who is called the first citizen of India?
III. State true or false.
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1. USA has single citizenship. d. Both A and R are wrong.
2. OCI card holder has voting rights in India.
V. Answer the following in one or two
3. Citizen of India can enjoy Fundamental
Rights guaranteed by our constitution. sentences.
4. Nationality can be change and citizenship can 1. Name the types of citizens?
not be changed. 2. What are the Rights that a citizen can enjoy
in our country?
IV. Consider the following statements. 3. Mention any three qualities of a good citizen.
Tic ( ✓ ) the appropriate answer. 4. Name the five ways of acquiring citizenship?
1. Indian Citizen of a person can be terminated if 5. What do you know about the citizenship Act
a. a person voluntarily acquires the citizen- of 1955?
ship of some other country.
VI. Answer the following:
b. a person who has become a citizen
1. On what grounds that the citizenship of a
through registration.
person is cancelled?
c. the Government of India is satisfied that
citizenship was obtained by fraud. VII. Student Activity.
d. a citizen who is by birth indulges in trade a. Tabulate: How will you be a good citizen inside
with an enemy country during war. the classroom and outside the classroom.
a. I and II are correct. b. My responsibility as a Good Citizen (write
b. I and III are correct any three points)
c. I, III, IV are correct.
d. I, II, III are correct. At Home At School
2. A ssertion: When Pondicherry becomes the
part of India in 1962, the people lived there
became Indian citizens.
Reason. It was done by one of the provisions To myself To the Environment
of the Act of 1955 - by incorporation of
Territory.
a. R is the correct explanation of A
b. R is not the correct explanation of A
c. A is wrong but R is correct.
ICT CORNER
CITIZENS AND CITIZENSHIP
Steps
• Enter the following URL or scan the QR code to land in Ministry of Home Affairs official website.
• Select “Act/Rules/Regulations” tab to explore constitutional procedures to become an Indian
citizen.
• Select “Required Documents” tab from bottom section to know about important documents.
• Click “Sample Forms” and explore the format to apply for citizenship.
Website URL:
https://indiancitizenshiponline.nic.in/Home.aspx
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Unit -I
Equality
Learning Objectives
To understand the meaning of Equality

To know the importance of Equality
To learn the different types of Equality
To know the various Articles of our constitution that have guranteed Equality
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Introduction: Kinds of Equality

Nature has made man inequal in colour, Social equality
height, talent, physical strength etc., and the
natural inequalities can never be rectified.
Even the twins looking like the similar are not
equal in their abilities. Man made inequalities
on the basis of caste, money religion etc can
be rectified. It is universally accepted that
people are differed in their capacity, ability,
attitude etc but at the same time, it is also
Social equality means that all citizen are entitled
accepted that they should be given equal
to enjoy equal status in society. There should
opportunities for the development of their
not be any discrimination of caste, creed, colour
skills and talents.
and race. All should have equal opportunity to
What is Equality? develop their personality and to complete goals.
Equality is ensuring individuals or groups Civil Equality
that are not treated differently or less
Civil equality is enjoyment of civil rights by all
favourably on the basic of specific protected
citizen. There should not be any discrimination
characteristic, including areas of race, gender,
of superior or inferior, the rich or the poor,
disability, religion or belief, sexual orientation
caste or creed. Equal rights should be available
and age.
to all the persons and nobody should be denied
According to Prof Laski “Equality does not enjoyment of any rights. Rule of law is in force
mean identity of treatment, the sameness in England and in the eyes of law all are equal
of reward. It means first of all absence of and equal treatment is given to all by the rule of
social privilege, on the second it means that law. In India the same rule of law is followed.
adequate opportunities are laid upon to all”.
Importance of Equality Rule of law was advocated by

A.V.Dicey, the British legal luminary.
Equality is a powerful moral and political
ideal that has inspired and guided human
society for many centuries. The concept of Political Equality
equality invokes the idea that all human
All the democratic countries including India
beings have equal worth regardless of their
have guaranteed the political rights to all
caste, colour, gender, race or nationality. The
citizens. It includes
democratic ideals such as liberty, equality etc
are meaningful and effective only when they Right to vote
are implemented with justice.
Right to hold public Office
Right to criticise the government
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not mean that women and men have to become

the same, but that their rights, responsibilities
and opportunities will not depend on whether
they are born male or female.Gender Equality is
the equal right of both men and women to have
access to opportunities and resources. They
have right to participate in the economic sphere
and make important decisions. Women with
their talent and hard work have proved that
their ability is not less than men in any aspect.
Nowadays, women are successfully working in
many fields like Border security force, Indian
Air Force, etc. For the uplift of women 50%
Citizens should have equal opportunity reservation has been given for women in local
to actively participate in the political life. These bodies.
rights can be enjoyed through the Universal
UNICEF says Gender Equality “means
Adult Franchise. In India the voting right is
that women and men, and girls and boys, enjoy
given to all the citizens who has attained 18years
the same rights, resources, opportunities and
of age without any discriminations. India is the
prolictions. It does not require that girls and
first country to give right to vote to women from
boys, or women and men, be same, or that they
the very first general election held in the year
be treated exactly alike.”
1952. In Switzerland the right to vote is given to
women in 1971. Any person who has completed As of 2017, gender equality is the fifth of
the age of 25 years can contest in the election. seventeen sustainable development goals of the
Right to criticise the government is also very United Nations.
important right and the people can express their
resentment through demonstrations. The value Efforts were made by many social
of the vote of the Prime Minister and value of activists from the 19th century onwards.
vote of common man in general election is same The noted champions of this cause were
which denotes political equality. Raja Rammohan Roy, Ishwar chandra
Vidyasagar Dayanand Saraswati,
Gender Equality
Mahadev Govind Ranade, Tarabai
All human beings, both men and women, are Shinde, Begum Rokeya Sakhawat
free to develop their personal abilities and Hussain. They worked hard to get equal
make choices without any limitations. woman status to the women.
were not given equal rights and they were
considered as weak as compared to man and Human dignity
they were placed in a secondary position to
Dignity means self – respect. Human dignity is
men. They should be treated equally. It does
the most important human right from which all
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other fondamental rights derive. Dignity is the We can promote equality by

quality of being honourable, noble and excellent.
Treating all fairly
Every human being should be regarded as a very
valuable member of the community. Creating an inclusive culture
Ensuring equal access to opportunities
Equality of Opportunity and Education
Enabling to develop full potential
All the individuals should have similar chances
Making laws and policies
to receive education. They should have similar
opportunities to develop their personality.We Education.
need equality to get equal treatment in society. If Conclusion
we treat equality we can earn respet and dignity.
India is a the largest democratic country in the
Equality in Indian constitution world. Equality and justice are the pillars of
democracy. Justice can be achieved when people
Almost the constitution all the countries in
are treated equality. Equality is so important
the world have guaranteed equality. Likewise,
because it preserves the dignity of an individual.
the constitution of India has also guaranteed
Equality is an important principle for a society
equality to all citizens by providing Articles
to function.
form 14-18.
Summary
Article 14 – guarantees to all the people
equality before law. Liberty and Equality are the two fundamental
concepts of democracy.
Article 15 – deals with the prohibition
All people should be equal before law and
of discrimination.
everybody should be given equal chance
Article 16 – provides equality of and opportunity to participate in political
opportunity in matters relating to life.
employment. Civil equality implies equality of all before
Article 17 – abolishes the practice of law.
untouchability . Gender equality means both the men and
women should be treated equally.
Article 18 - abolishes the titles conferred
to citizen. The various laws programmes of the
government aim at gender equality.
Equality before law and equal protection of law

have been further strengthened in the Indian
constitution under Article 21.
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Glossary
1. Equality absence of any privilege to anybody சமத்துவம்
2. Rule of law rule based on law சட்டத்தின் ஆட்சி
3. Monarchy government by a single person முடியாட்சி
4. Privileges special concessions சலுகைகள்
5. Discrimination difference பாகுபாடு
4. Inequality created by man on the basis of

Evaluation
caste, money, religion etc is called as+____
a. Natural inequality
b. Manmade inequality
c. Economic inequality
I. Choose the correct answer d. Gender inequality
1. Which one of the following does not come 5. In Switzerland, the right to vote is given to
under Equality? women in the year
a. Non discrimination on the basis of a. 1981 b. 1971
birth, caste, religion, race, colour, gender. c. 1991 d. 1961
b. Right to contest in the election.
c. All are treated equal in the eyes of law. II. Fill in the blanks
d. Showing inequality between rich and 1. Civil equality implies equality of all before
poor. _________.
2. Which one of the following is comes under 2. The Indian constitution deals about the
political Equality? Right to equality from Article _______ to
a. Right to petition the government and _______.
criticize public policy. 3. Right to contest in the election is a _______
b. Removal of inequality based on race, Right.
colour, sex and caste.
c. All are equal before the law. 4. Equality means, absent of ________
d. Prevention of concentration of wealth in privileges.
the hands of law. III.Give short answer
3. In India, right to vote is given to all the 1. What is Equality?
citizens at the age of ____________
2. Why is gender Equality needed?
a. 21 b. 18 c. 25 d. 31
3. What is civil Equality?
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IV.Answer in detail
1 Write about the importance of Equality.
2. What is political Equality?
3. How does the Constitution of India protect the Right to Equality?
HOTs
How can we eliminate inequality at school level?
I.Life Skills
Write the correct answer.
Enumeration of Different types of equality Type of equality

1. There should not be any discrimination
among the citizens on the basis of status,
caste, colour, creed and rank, etc.
2. Equality of all before the law.
3. Right to vote, right to hold public
office and right to criticize the
government.
4. My ability is not less than men in any
aspect.
Reference books
1. Eddy Asirvatham, Misra, K.K, Political Theory, S.Chand & Company, New Delhi, 2004.
2. Agarwal, R.C, Political Theory, S.Chand & Company, New Delhi, 2009.
3. Kapur, A.C. Principles of Political Science, S.Chand & Company, New Delhi, 2000.
4. Johari, J.C, Contemporary Political Theory, Sterling Publishers, New Delhi, 2000.
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Unit -II
Political Parties
Learning Objectives
To define what political party is and to understand the importance of

the political party
To know the role and function of a political party
To understand the party system in India and the role of opposition
party
Student Siva : Good morning Mam. May I come in?

Teacher Ms.Aadhi: Good morning Siva. Always you will be on time. Why are you so late today?
Siva: Sorry mam. I was delayed due to a procession.
Ms. Aadhi: What is it about? Who arranged this procession?
Siva : My uncle said “That is the work of the political party”.
Ms. Aadhi: Oh. I see!
Siva : What is political party mam? Why are they doing so?
Ms. Aadhi: Wait. Today I am going to teach about political parties. Let us know all
about that.
In earlier times, emperors and kings ruled India. The king was the supreme head of the Legislative,
Executive and Judiciary branches. Governance was in the hands of one person. The welfare of the
people depended on the ruler. People had no rights to do against the ruler. Later foreign powers made
India as their colonies. The colonies became states after Independence was declared.
In 1950 India became a democratic country. A vibrant democracy needs a strong political party
system. Party System is a modern phenomenon. In a democracy people are able to voice their opinions
on any subject.
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What are Political Parties? A party is recognized if

it has been engaged in political activity for
Political parties are the voluntary associations of
five years.
individuals with broad ideological identity who
agree on some policies, formulate an agenda its candidates secure at least six percent of
and programme for the society. Political parties total votes in the last general election.
seek to implement their policies by winning Characteristics of Political Parties
people’s support through election. Parties vary
in size and in the ways they organize themselves Political parties
as well as in their policies. consist a group of persons of common goals
Any political party has three basic components and shared values.
the leader have its own ideology and programme.
the active members capture power only by constitutional means.
the followers endeavour to promote the national interest

and national welfare.
Importance of political parties
Party ‘manifesto’
Political parties are the backbone of democracy.
Parties are not part of the formal arrangement During the campaign
of a government but they are essential elements before election, the
to form the government. They formulate public candidates announce the
opinion. They serve as intermediaries between programmes and policies that their
the citizen and the policy makers. party will undertake if voted to power.
Provide
loyal opposition ,
accountability
& stability
Nominate
Select and nominate
individuals to elected
office Organize
Organize political campaign,
rallies and announcement
of Manifesto to win
Functions public office
of the
Political Parties Inspire
Put forward different
policies and programmes
for the welfare of the people
Co -ordinate
Connect the society and the
state. co-ordinate among
members elected to office
Govern
Form and run the
government and
develop public policy
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Types of Party System Party system in India

There are three major types of party system. Countries that follow a federal system have two
Single Party System: a system in which a kinds of parties. India’s party system originated
single political party has the right to form in the late 19th century. In fact India has the
the government. Single party is existed in the largest number of political parties in the world.
communist countries such as China. North In India we find the existence of political
Korea and Cuba. parties at three levels. They are National
Bi – Party System: In Bi –Party system the parties, Regional parties, and Registered but
power is usually shared between two parties. Of unrecognised parties (independent candidates).
the two parties one becomes the ruling party Every party in the country has to register with
and the other becomes opposition. eg Bi-Party Election Commission.
system can be seen in U.K. (the Labour Party
Election Commission –
and the Conservative Party) and in U.S.A (the
Statutory body
Republican Party and the Democratic Party)
T h e
Multi – Party System
Election
When the competition for power is among Commission of India
three or more parties, the system is known as is an autonomous,
multi party system. This type of party system constitutional
is in existence in India, France, Sweden and authority responsible for administering
Norway etc. elections. Its head quarter is located in
New Delhi.
TO FORM A POLITICAL PA
HOW RTY
Must have atleast Must write a

Must get registered
100 members. Each member Party Constitution
with
needs to hold a
Election Commission
voting card.
of India
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Criteria for Recognition

The Election Commission of India has some criteria for the recognition of political parties in India.
Regional / State Independent

National Parties Parties candidate
A candidate who
A party that secures A party that secures wishes to contest in
atleast 6% of the valid atleast 6%of the either of the
votes in Lok sabha valid votes in the
election or assembly state legislative Parliamentary, State
elections in four states. assembly election. Assembly but does
they must win one
not have an
They must win 4 seats
in Lok sabha from any Lok Sabha seat for affliation with the
every 25 seats or
State/States.
atleast 2 seats in
other parties, may
Legislative assembly. contest the election
It has to win 2% of needs to win a as an Independent
seats in Lok sabha
from atleast 3
minimum of 3% of candidate.
the total number of
different states in the seats in Legislative
latest general election. Assembly.

Recognized parties Majority Party
Parties that fulfill these criteria are called
The Political Party whose number of candidates
recognized parties. They are given a unique
elected is more than the others is called the
symbol by the Election Commission.
majority party. The Majority Party forms and
A registered but unrecognized political runs the government. They select and appoint
party cannot contest election on its own symbol. their ministers to run the government. They play
This party has to choose one symbol form free a decisive role in making laws for the country.
symbol 'poll panel' announced by the Election
Commission.
Free symbols ‘Poll panel’

As per the Election Symbols order 1968,
symbols are either reserved or free.
A reserved symbol is meant for a
recognized political party.
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A free symbol is reserved for Minority Party
unrecognized party.
Those with lesser number of elected candidates
are called the minority party.
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Opposition Party In a Multiparty system a single party sometimes

may not secure the majority required to form
The party which gets second largest number
the government. In such a case, some parties
of seats next to the majority party in the
join together to form the government. Such
election is called the Opposition party. An
government is called Coalition Government.
effective opposition is very essential for the
successful operation of the democracy. They Electoral Symbols and its importance
are as important as that of ruling party. They
An electoral symbol is a standardised symbol
check the autocratic tendencies of the ruling
allocated to a political party. They play an
party. They critically examine the policies and
important role in elections. They can be
bills introduced by the government. They raise
easily identified, understood, remembered
their voice on the failures and wrong policies.
and recognized by the voters. The Election
They highlight important issues which are not
commission has stopped allotting animals
acted upon the Government. The leader of the
as symbols. The only exceptions are the lion
opposition party enjoys the rank of Cabinet
and the elephant. The symbol of nationally
Minister.
recognized parties is standard throughout
Coalition Government India. That symbol will not be allotted to any
other party or individual.
State parties are allotted to certain symbols
that no other party can use the symbol in that
particular state but which different parties in
different states can use the same symbol. (e.g
Shiv Sena in Maharashtra and Jharkhand Mukti
Morsha in Jharkhand use bow and arrow as
their symbol).
National Party Regional /State Party

National parties are political parties which Regional parties are political parties
participate in different elections all over India. which participate in different elections
but only within one state.
It should be strong enough in at least four states. It should be strong enough in at least
one or two states.
It has an exclusive symbol throughout the A symbol is reserved for it in the state
country. in which it is recognized. But the same
symbol can be allotted to different
parties in different states.
It resolves State, National and International It promotes regional and state interest.
issues.
Both National and Regional parties trigger the growth of the nation and work for the welfare of the
people.
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Summary
Modern age is an age of mass society and of large population and party system is a modern
phenomenon.
A group of people with broad common interest who organize to win elections, control government
and thereby influence government policies.
There are three major types of party system (i.e.) single party system, Bi - party system, and Multi
- party system.
In India we have Multi – party system.
Individual citizen who are not members of a party may also be elected. They are known as
Independents.
Election Commission is responsible for free and fair elections in India.
Glossary
1. Democracy Government by the people ஜனநாயகம்
2. Election manifesto a public declaration of policies and தேர்தல் அறிக்கை
aims by political parties
3. Opposition party a party opposing to the other parties எதிர்க்கட்சி
4. Federal system system of government in which several கூட்டாட்சி அமைப்பு
states form a unity but remain inde-
pendent in internal affairs
5. Election commis- a body for implementation of election தேர்தல் ஆணையம்
sion procedures
6. Electoral symbols symbols allocated to a political party தேர்தல் சின்னங்கள்
7. Cabinet Minister member of a parliament or legislative அமைச்சர்
assembly cabinet
2. Which system of government does India

Evaluation
have?
a) Single–party system
b) B1-party system
c) Multi-party system
I. Choose the correct answer: d) None of these
1. What is meant by B1-party system? 3. Recognition of a political party is accorded
a. Two parties run the government. by ___________.
b. Two members run a party.
a) The Election commission
c. Two major political parties contest
b) The president
election.
d. None of these.
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c) The supreme court IV Consider the following statements:

d) A committee Tick ( ) the appropriate answer
4. Political parties are generally formed on 1. Which of the following statement is/are
the basic of ____________. correct?
a) Religious principles a) Every party in the country has to register
b) Common interest with the election commission.
c) Economic principles b) The commission treats all the parties
d) Caste equally.
c) Election commission allots a separate
5. Single-party system is found in ________.
symbol for recognized parties.
a) India
d) All the above.
b) U.S.A
2. Assertion: Majority party plays a decisive
c) France
role in making laws for the country.
d) China
Reason: The number of candidates elected
II Fill in the blanks: is more than the others in the election.
1. ________form the back bone of democracy. a. R is the correct explanation of A.
2. Every party in our country has to register b. R is not the correct explanation of A.
with __________________. c. R is wrong A is correct.
3. Political parties serve as intermediaries d. A and R are wrong.
between the -----------------and-----------
V Answer in one or two sentences:
4. A registered but ------------------ political
party cannot contest election on its own 1. What are the basic components of a
symbol. political party?
5. The leader of the opposition party enjoys 2. Name the three major types of party
the rank of _______________. system.
3. Name the countries which follow Bi – party
III Match the following:
system.
A B 4. Write a note on Coalition Government.
1. Democracy criticize the
VI Answer the following :
government policies
2.Election forms the government 1. Write any four functions of political party?
commission 2. When is a political party recognized as a
3. Majority party rule of the people National Party?
4.Opposition free and fair election
party
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VII HOTs: VII Activity:

1. Is political party necessary for a democratic 1. Write an election manifesto (if you were a
country? party leader).
2. Give any three names of National party,
Regional party, and Registered but
unrecognized party.
ICT CORNER
ELECTION COMMISSION OF INDIA
This activity enables the students to know

about the Election Commission of India
PROCEDURE :
Step 1: Open the Browser and Install the URL link given below
Step 2: Select “Election India” (Eg: Parties) to get a brief information about “National
Parties”
Step 3: Click the Menu button and select any title (E.g Leaders) to view about the leaders
profile
Step 4: Touch the menu button and select “Dash board” to know about the status Of
upcoming elections and National parties
Step 1 Step 2 Step 3
URL:
https://play.google.com/store/search?q=election (or) scan the QR Code
*Pictures are indicative only

*If browser requires, allow Flash Player or Java Script to load the page.
199
Unit - 2
Central
Government
Learning Objectives
To know the powers of the President and Vice President
To Know the about the Prime Minister and Council of Ministers
To understand the Lok Sabha and Rajya Sabha
To know about Supreme Court
Introduction Indian constitution, by giving due recognition

to the vastness and plural character of our
The Central Government is the supreme nation, have provided a federal arrangement
government in our country. The head for her governance. The Central Government
quarter of the Central Government is at New consists of three organs, namely, Union
Delhi. Articles 52 to 78 in part V of Indian Executive, Legislature and Judiciary. The
Constitution deals with the Union Executive. Union Executive consists of the President of
Our Constitution provides for a democratic India, the Vice-President, and the Council of
form of government. The makers of the Ministers headed by the Prime Minister, and
Central Government
Executive Legislature Judiciary
President of India Parliament Supreme Court of India
Vice-President Chief Justice of India

Rajya Sabha Lok Sabha
Prime Minister 238 Elected Other Judges 27

12 Nominated
by the State
Assemblies by the President
Council of
Ministers 543 Elected by the people 2 Nominated by the President
Central Government 180
Unit 2 -Central Government(06.03.2019).indd 180 10-04-2019 23:16:00

the Attorney General of India. The Legislature 2.1.1 Qualification for the
is known as the Parliament. It consists of two
election as President
houses, namely the Rajya Sabha and the Lok
Sabha. The Union Judiciary consists of the The constitution lays down qualifications
Supreme Court of India. for a Presidential candidate.
He should be a citizen of India.
2.1 The President of India He must have completed the age of thirty-
five years.
In the scheme
of parliamentary He must not hold any office of profit under
system of the Union, State or local Government.
government He should have the other qualifications
provided by the required to become a member of the Lok
constitution, Sabha.
the President His or her name should be proposed
is the nominal by at least ten electors and seconded
e x e c u t i v e by another ten electors of the Electoral
authority. The College which elects the President.
chief executive of DR. RAJENDRA PRASAD
(First President of India) The President cannot be a Member of
the Indian union
Parliament or of a State Legislature; if he is
is the President. He is designated as the First
a member of any legislature, his seat will be
citizen of India. He is the supreme commander
deemed to have been vacated on the date he /
of the armed forces. The President is also the
she assumes the office of President.
Constitutional head of the Union Executive.
He is also responsible for constituting the 2.1.2 Election of the President
judiciary. According to Article 53 of the The President is elected by an electoral
constitution, the executive power of the college in accordance with the system of
Union shall be vested in the President which proportional representation by means
shall be exercised by him directly or through of single transferable vote. The Electoral
officers subordinate to him in accordance with College consists of the elected members of
Constitution. both houses of Parliament and the elected
It is a well known fact that members of the states and elected members
the President of India resides of National Capital Territory of Delhi and
at Rashtrapati Bhavan in New Puducherry. Once elected as the President
Delhi. The residence and the has to take an oath of office before the Chief
office of the President are Justice of India. The President is elected for a
located in the same building. However he term of five years and can be re-elected.
has two other office cum residences where 2.1.3 Powers of the President
he conducts office at least once a year. They
are 'The Retreat Building' at Shimla and the The powers and functions of the President
'Rashtrapati Nilayam' at Hyderabad. These of India can be broadly classified under the
locations one in North and other one is South following categories.
symbolise the unity of the country and unity
Executive Powers
of the diverse culture of the people.
The constitution vests in the President of
India all the executive powers of the Central
Government. Article 77 requires that every
181 Central Government

general election and also at the beginning
List of Presidents of India
of the first session each year. This address
1. Thiru. Rajendra Prasad 1950 to 1962 is essentially identical in nature to a Speech
2. Thiru. Sarvepalli Radhakrishnan 1962 to 1967 from the Throne.The President summons
3. Thiru. Zakir Hussain 1967 to 1969 Parliament at least twice in a year.
4. Thiru. V.V Giri 1969 to 1974
He may send messages to either House of
5. Thiru. Fakhruddin Ali Ahmed 1974 to 1977
the Parliament with respect to a bill pending in
6. Thiru. Neelam Sanjiva Reddy 1977 to 1982
7. Thiru. Giani Zail Singh 1982 to 1987
the House. All bills passed by the Parliament
8. Thiru. R Venkataraman 1987 to 1992
become “Laws of Acts” only after getting
9. Thiru. Shankar Dayal Sharma 1992 to 1997 assent of the President. Money bills cannot
10. Thiru. K R Narayanan 1997 to 2002 be introduced in the Parliament without his
11. Thiru. APJ Abdul Kalam 2002 to 2007 approval. President terminates the sessions
12. Tmt. Pratibha Patil 2007 to 2012 of both or any of the Houses of Parliament.
13. Thiru. Pranab Mukherjee 2012 to 2017 He can even dissolve the Lok Sabha before the
14. Thiru. Ram Nath Kovind 2017 to till now expiry of the term of the House.
He nominates 12 persons who are eminent
executive action of the Union shall be taken in literature, science, sports, art and social
in the name of the President. So he has to service to the Rajya Sabha. He can also
make many appointments to key-offices to nominate two persons belonging to Anglo-
run the administration. Indian Community to the Lok Sabha, if in
He appoints the Prime Minister and the his opinion, that community is inadequately
other members of the Council of Ministers, represented in the House.
distributing portfolios to them on the advice Financial Power
of the Prime Minister. He is responsible for
making a wide variety of appointments. These Money bill can be introduced in
include the appointment of Governors of the Parliament only with his prior
States, the Chief Justice and other Judges of the recommendation. Annual Budget of the
Supreme Court and high Courts, the Attorney Central Government is presented before the
General, the Comptroller and Auditor Lok Sabha by the Union Finance Minister
General, the Chief Election Commissioner only with the permission of the President.
and other Election Commissioners the He causes to be laid before the Parliament
Chairman and other Members of the Union the annual financial statement (the Union
Public Service Commission Ambassadors Budget). The Constitution of India places the
and High Commissioners to other countries. Contingency Fund of India is at the disposal of
the President. No demand for a grant can be
He appoints a commission to investigate
made except on his recommendation. He can
into the conditions of SCs, STs and other
make advances out of the contingency fund
backward classes.He is the supreme
commander of the defense forces of India, in of India to meet any unexpected expenditure.
this capacity the President can appoint Army, He constitutes a finance commission after
Navy, and Air Chiefs. every five years or on the demand of the states
to recommend the distribution of revenues
Legislative Powers between the Centre and the States.
The President is an integral part of the Judicial Powers
Union Parliament. He inaugurates the session
of the Parliament by addressing it after the Article 72 confers on the President power
to grant pardons, reprieves, respites or

remissions of punishment, or to commute Under Article 360, the President is vested
the sentence of any person convicted of an with the power to proclaim Financial
offence. In all cases where the punishment Emergency, if he is satisfied that the financial
or sentence is by a court martial; in all cases stability or, the credit of India or any part of
where the punishment or sentence is for and India is threatened, by any reason.
offence against a Union law; and in all cases
where the sentence is a sentence of death.
The President is not answerable to any court erala and Punjab are the States
K
of law for exercise of his/she power (however where the President’s Rule was
He can be subjected to impeachment by the imposed for maximum number
Parliament). of times i.e., nine times in both
States.
Military Powers
Article 53(2) lays down that “the supreme
command of the Defence Force of the Union
2.1.4 Removal of the President
shall be vested in the President and the
exercise thereof shall be regulated by law”. The President shall hold office for a term of
The President is thus declared to be the five years from the date on which He enters
Supreme Commander of the defence Force of the office. The President may by writing under
the country. In the exercise of this power, it is his hand addressed to the Vice-President,
the President, who can declare war against a resign his office. The President may, for
country and make peace. violation of the Constitution, be removed
from office by impeachment in the manner
Diplomatic Powers provided in Article 61; The Impeachment
The President appoints Indian diplomats to action can be brought about in the form of
other countries and receives foreign diplomats resolution in either house of the Parliament.
posted to India. The ambassador designate It must be supported by not less than One-
becomes ambassador after calling on the Fourth of the total strength of the House for
President and presenting his credentials. All its introduction. The President shall, in spite
treaties and agreements with foreign States of the conclusion of his term, continue to
are entered into, in the name of the President. hold office until his successor enters upon his
office.
Emergency Powers
2.1.5 Privileges of the President
The President has been empowered by
the Constitution to proclaim Emergency. According to Article 361(1) the President,
They are follows: Article 352 confers or the Governor of a state, shall not be
power on the President to make a answerable to any court for the exercise and
proclamation of Emergency on the performance of the powers and duties of his
grounds of war, external aggression, office or for any act done or purporting to be
or armed rebellion. This is known as done by him in the exercise and performance
National Emergency. of those powers and duties.
Article 356 confers power on the
President to make a proclamation of 2.2 Vice-President
State Emergency by declaring that the The vice-President occupies the second
Government in a State cannot be run on highest office in the country. He is accorded
in accordance of the provisions of the a rank next to the President in the official
Constitution. warrant of precedence. This office is

modeled on the lines 2.2.3 Removal of the Vice
of the American Vice- President
President. Article 63
The Vice President may be removed from
of the constitution
his office by a resolution of the Council of
provides for a Vice
States passed by a majority of all the then
President of India.
members of the council and agreed to by the
This office has been
House of the People. A resolution for this
created to maintain the
purpose may be moved only after a notice of
political continuity of DR. RADHA KRISHNAN at least a minimum of 14 days has been given
the state. (First Vice President of India)
of such an intention.
2.2.1 Qualification for the 2.2.4 Functions of the Vice
election as Vice President President
The constitution lays down qualifications The Vice-President is Ex-Officio Chairman
for a Vice Presidential candidate. of the Rajya Sabha. As the Chairman of the
He should be a citizen of India. House, he carries out several functions.
He must have completed the age of thirty- He regulates the proceeding of the House.
five years. He decides the order of the House.
He must not hold any office of profit under He decides the admissibility of a
the Union, State or local Government. resolution or questions.
He should have the other qualifications He suspends or adjourns the House in
required to become a member of the case of a grave disorder.
Rajya Sabha. He issues directions to various committees
on matters relating to their functions.
2.2.2 Election and term of the
Vice-President Casting Vote
Article 66(1) the Vice- According to Article (100)

President, like the president, of the Constitution, the vice-
is elected not directly by president can\only cast his
the people but the method vote when there is a tie over
of indirect election. He is the Bill in the Rajya Sabha.It
elected by the members means that there is need for one vote only
of an electoral college to pass the Bill. So vice-president using his
consisting of the member of both Houses discretion power cast his vote in favor or
of Parliament. The term of office of the against the Bill. No members have any right
Vice President is five years. His office may to oppose his decision.
terminate earlier than the fixed term either
by resignation, death or by removal. He is When the President is unable to discharge
eligible for re-election. The Constitution his duties due to illness or absence from
does not provide a mechanism of succession the country, he attends to the functions
to the office of the Vice – President. Under of the President. When the President is
such circumstances, election to the Vice unable to do so due to sickness or when
the post of President becomes vacant
President shall be held early as possible. Till
due to resignation, death, or removal
then deputy chairman of the Rajya sabha can
by impeachment etc. the Vice-President
perform the duties of the chairman of the can act as the President for a maximum
Rajya sabha. period of six months.

by the President on the advice of the Prime
If the posts of President
Minister. If no party commands absolute
and Vice-President lie vacant,
majority in the Lok Sabha, the President can
Chief Justice of India works
summon the leader of any party who, in his
as President. This situation
opinion, can manage to form a ministry. The
happened in 1969 when Chief
President administers to the ministers the
Justice M.Hidayutalla was appointed as
oath of office and of secrecy. The salaries
President of India.
and allowances of the Prime Minister and the
ministers are determined by the Parliament. A
2.3 Prime Minister person who is not a member of the Parliament
can be appointed as a minister but he has to
Article 74 (1) says:
get himself elected to the Parliament within
There shall be a council
six months. Ministers are individually as well
of ministers with the
as collectively responsible to the Lok Sabha.
Prime Minster as the
head to aid and advice 2.3.1 Duties and functions of
the President. He may Prime Minister
direct the council
to reconsider their Article 78 mentioned the duties of the
advice, but is bound Prime Minister:
JAWAHARLAL NEHRU
by the advice given (First Prime Minister of India) The Prime Minister decides the rank
after reconsideration. of his ministers and distributes various
The post of Prime Minister of India has departments.
adopted the Westminster (England) model of The Prime Minister decides the dates and
constitutional democracy. the agenda of the meeting of the Cabinet
The leader of the majority party in Lok Sabha which he presides.
is appointed by the President as the Prime The Prime Minister is the Head of the
Minister. The other ministers are appointed Cabinet and the other ministers are his
colleagues.
List of Prime Ministers of India The Prime Minister informally consults
two or three of his senior colleagues when
1. Thiru. Jawaharlal Nehru 1947–64 he does not convene a Cabinet meeting.
2. Thiru. Lal Bahadur Shastri 1964–66
The Prime Minister supervises the work
3. Tmt. Indira Gandhi 1966–77
of various ministers.
4. Thiru. Morarji Desai 1977–79
5. Thiru. Charan Singh 1979–80 To converse to the President all decisions
6. Tmt. Indira Gandhi 1980–84 of the Council of Ministers connecting
7. Thiru. Rajiv Gandhi 1984–89 to the government of the affairs of the
8. Thiru. V.P. Singh 1989–90 Union and proposals for legislation.
9. Thiru. Chandra Shekhar 1990–91 The Prime Minister act as the link
10. Thiru. P.V. Narasimha Rao 1991–96 between the President and the Council of
11. Thiru. Atal Bihari Vajpayee May 1996 Ministers.
12. Thiru. D. Deve Gowda 1996–97 The Prime Minister is the leader of the
13. Thiru. I.K. Gujral 1997–98 nation and chief spokesperson of the
14. Thiru. Atal Bihari Vajpayee 1998–2004 country.
15. Thiru. Manmohan Singh 2004–14
As the leader of the nation, the Prime
16. Thiru. Narendra Modi 2014–till now
Minister represents our nation at all

international conferences like the but they do not participate in the meetings of
commonwealth, summit of the non the cabinet unless invited to do so.
aligned nations and SAARC nations.
Deputy Ministers
2.3.2 Council of Ministers They are the lowest ranked ministers in
After the elections, the President of India, the cabinet. They assist either the Ministers
on the advice of the Prime Minister, appoints of Cabinet or State in the performance of the
the council of ministers. Sometimes a non duties entrusted to them.
– member of the Parliament too may be
appointed. However, he must get elected to 2.4 Parliament of India
either of the Houses of the Parliament within The parliament is the legislative organ of the
a period of six months. The Constitution of Union government. Article 79 to 122 in part V
India restricts the number of the Council of of the constitution deal with the organization,
Ministers including the Prime Minister to composition, duration, officers, procedures,
fifteen per cent of the total members of the privileges, powers and so on of the Parliament.
Lok Sabha. The Parliament of India consists of three
parts they are the President, Rajya Sabha (the
Categories of the Ministers council of States) and Lok Sabha (the House
The ministers are classified under three of the People). The Rajya Sabha is the Upper
ranks House and the Lok Sabha is the Lower House
it is termed as bicameral legislature.
(i) Cabinet Ministers
(ii) Ministers of State
(iii) Deputy Ministers.
Cabinet Ministers
The Cabinet is an informal body of
senior ministers who form the nucleus of
administration. Important decisions of the Parliament
government are taken by the Cabinet, such as
2.4.1 Rajya Sabha
defense, finance, external affairs and home.
The Cabinet recommends to the President to The council of State or Rajya Sabha consists
promulgate an ordinance. It is instrumental in of 250 members out of whom 238 represent
moving Amendments to the Constitution. The the states and the Union Territories, elected
Finance bills have their origin in the Cabinet by the method of indirect election.
and then they are introduced in the Lok Sabha The 12nominated members shall be chosen
with the Presidents recommendations. The by the President from amongst persons having
Cabinet decides the foreign policy of the ‘special knowledge or practical experience in
Government approves international treaties the field of literature, science, sports, art and
and plays a significant role in the appointment social service.
of Ambassadors to various countries.
Qualification of the Members
Ministers of State
A person seeking membership of
These ministers belong to the second Rajya Sabha must possess the following
category of ministers in the council. They are qualifications.
also in charge of ministries or departments

He should be a citizen of India. Legislative Assemblies they elect the
He should not be less than 30 years of age. President and Vice President.
He should not hold any office of profit It has power in the impeachment
under any Government. procedure of president and judges of
supreme court and high court.
He should be a person with sound mind
and monetarily solvent. Rajya Sabha has the power to make a state
list subject into National Importance.
He should have such other qualification If two third majority of the members
as may be approved by the Parliament for of Rajya Sabha passes a resolution to
that reason from time to time. support it. Rajya Sabha can also create or
He should not be the member of Lok abolish an All India Service. If majority
Sabha or any other legislature. of members (2/3 of Total Members)
supports it.
Term of House
The Rajya Sabha is a permanent house and 4.4.2 Lok Sabha
it cannot be dissolved. The members of the The Lok Sabha is the popular house of
Rajya Sabha are elected for a term of six years. the Indian Parliament and contains elected
One third of the members of Rajya Sabha representatives of the people. Maximum
retire every two years, and new members number of members can be elected for Lok
are elected to fill the seats thus vacated. Sabha is 552. The Lok Sabha as of today has 543
The Vice President of India is the Ex-officio elected members. Out of these, 530 members
Chairperson of the Rajya Sabha. The Deputy are elected from different states and 13 members
Chairperson of the Rajya Sabha is elected by from the Union Territories. The President
the members of the Rajya Sabha. generally nominates two members belonging to
the Anglo-Indian community. At present, the
Election
Lok Sabha consists of 545 members.
Members of Rajya Sabha are elected by
the elected members of the ‘State Legislative Qualification of the Members
Assemblies’ in accordance with the system He should be a citizen of India.
of proportional representation by means of He should not be less than 25 years of age.
the single transferable vote. This process of
election is called “indirect election” as they He should have his name in electoral rolls
are not elected by the people directly. in some part of the country.
Functions of the Rajya Sabha

Money Bill
Any bill (except the money bills) needs Rajya Sabha does not have
to be approved by Rajya Sabha to get any power to amend or reject
passed. If the bill gets stuck for more than
the Money bill. Lok Sabha can
six months then President calls for a joint
only introduce Money bill and
session of both the houses to resolve the
deadlock. once it is approved by the Lok Sabha, it is
passed to Rajya Sabha for its approval. If
It has the same power as Lok Sabha,
Rajya Sabha fails to pass it within 14 days
for passing any bill for constitutional
then the bill gets passed without the approv-
amendment.
al of Rajya Sabha. Also, Lok Sabha does not
The members of Rajya Sabha have the need to consider the amendments proposed
electoral power for selection of President,
by the Rajya Sabha. Lok Sabha can reject
Vice President. Together with the
all the proposals and pass it.
members of Lok Sabha and all the State

He should not hold any office of profit It has the same power as Rajya Sabha
under the Union or State Government. to participate in case of impeachment
of president and the judges of Supreme
He should be mentally sound and
Court.
economically solvent.
It has equal power as Rajya Sabha
The term of the House in passing any bill for constitutional
amendment.
Generally the Lok Sabha enjoys a term of Lok Sabha members have the power to
five years from the date of its first session. It elect the president, vice president.
can be dissolved by the President before the Motion of no confidence can only be
expiry of its term on the advice of the Prime introduced in Lok Sabha. If it is passed
Minister. The emergency provisions of the then the prime minister and other council
Constitution enable the President to prorogue of ministers need to resign from their post.
or dissolve the Lok Sabha either on the advice
of the Prime Minister or on being convinced Elected members of the
that no party or no alliance of parties enjoys Parliament from Tamil Nadu.
necessary majority support in the House. Rajya Sabha – 18 members

Election Lok Sabha – 39 members

The members of the Lok Sabha are directly
elected by the people of the constituencies 2.4.3 The Speaker
created on the basis of population. The The Lok Sabha is presided over by the
Election Commission of India arranges, ‘speaker’ who is elected by its members. The
supervises and conducts elections to the Lok office of the Speaker occupies an essential
Sabha. For sake of elections to Lok Sabha position in our Parliamentary democracy.
the entire nation is divided into number of The Speaker continues to be in the office even
constituencies which are formed more or less in the houses dissolved, till a new Speaker is
on the basis of the population. elected by the new Lok Sabha. The Speaker
“Universal Adult Franchise” is followed presides over a joint sitting of the two Houses
while electing the members of the Lok Sabha. of Parliament. He has the power to decide
All Indian Citizens above 18 years of age who whether a Bill is Money Bill or an ordinary
are registered as voters will vote for their one. The decision of the Speaker on whether
representatives. a Bill is Money Bill is final. Under the anti
defection of 1985, the speaker is empowered
to decide whether a member of the Lok Sabha
is disqualified or not on the basis of the 10th
schedule of the constitution. While the office
of speaker is vacant or the speaker is absent
from the sitting of the house, the deputy
speaker presides, except when a resolution for
his own removal is under consideration.
Parliament Session
Budget Session from February
Universal Adult Franchise to May
Functions of the Lok Sabha Monsoon Session from July to
Any bill can be introduced and passed in September
the Lok sabha (Including Money Bill). Winter Session from November to December

2.4.4 Powers and Functions of such other duties of a legal character that
the Parliament are assigned to him by the President and
The Parliament of India has the functions of discharge the functions conferred on him
Legislation, overseeing of administration, by the constitution are any other law. In the
passing of Budget, ventilation of public performance of his official duties, Attorney
grievances, discussion of various subjects General of India has the right of audience in
like development plans, international all courts in the territory of India. Further he
relations and internal policies. has the right to speak and to take part in the
Parliament is also vested with powers proceedings of both Houses of the Parliament
to impeach the President and to remove or their joint sitting and any committee of
Judges of the Supreme Court and High the Parliament of which he may be named
Courts, Chief Election Commissioner a member, but without a right to vote. He
and Comptroller and Auditor-General of enjoys all the privileges and immunities that
India in accordance with the procedure are available to a member of Parliament.
laid down in the Constitution.
The Parliament exercises control over the 2.6 Judiciary
executive through asking questions and
supplementary questions, moving motions Judiciary is the third organ of the
of adjournment, discussing and passing government. It plays a vital role in protecting
resolutions, discussing and pushing censure the rights and freedom of the citizens. It
motion or vote of no-confidence. also plays an important role in analyzing and
The Parliament has the power to change interpreting the provisions of laws and the
the boundaries of the States. Constitution.
2.5 Attorney General of Supreme Court

India The “Supreme Court is the Guardian of
the Constitution”. Our constitution provides
The Constitution (Article 76) has provided
for the establishment of an independent and
for office of the Attorney General for India.
integrated judiciary with ‘supreme court’ as
He is the highest law officer in the country.
the uppermost court in the country. Our
He is appointed by the President. He must be
judiciary is autonomous of the Legislative
a person who is qualified to be appointed the
and Executive wing of the Union and State
Judge of the Supreme Court. In other words,
Government. An integrated judiciary means
he must be a citizen of India and he must have
a single judicial hierarchy for the whole
been a judge of some High Court for five years
country. The judiciary plays an important
or an advocate of some High Court for 10
role in defensive the rights and freedom of
years or eminent jurist, in the opinion of the
the citizens. It plays an important role in
President. He holds office during the pleasure
analyzing and interpreting the necessities of
of the President. This means that he may be
laws and the constitution.
removed by the President at any time. He may
also quit his office by submitting his resignation
to the President. The Supreme Court of India,
New Delhi was inaugurated
5.1 Duties and Functions of on January 28, 1950. It
Attorney General of India succeeded the Federal Court
To give advice to the Government of of India, established under the
India upon such legal matters which are Government of India Act of 1935.
referred to him by the President. To perform

in “New Delhi”. It may also sit any other
place in India which may be decided by the
Chief Justice of India with the approval of the
President of India.
2.6.4 Powers and Functions of

the Supreme Court
(a) Judicial Functions
Supreme Court
The “Supreme Court is the Guardian of
2.6.1 Composition of the the Constitution”. The followings are the
Supreme Court functions of the Supreme Court.
At the commencement of the constitution (b) Original Jurisdiction

in 1950 our supreme court consisted of 8 The cases which are brought directly in
judges including the chief justice. At present, the first instance to the Supreme Court come
the Supreme Court consists of 28 judges under original jurisdiction. These may
including the chief justice. be (i) dispute between the Government of
India and one or more States of (ii) Dispute
2.6.2 Appointment of Judges
between two or more states (iii) the cases
The Chief Justice of Supreme Court in India involving fundamental rights (dispute over
is appointed by the President of India. The the enforcement) come under the jurisdiction
other judges are appointed by the President in
of the Supreme Court. The writs issued by
consultation with the collegiums with Chief
the Supreme Court for the enforcement of the
Justice Head.
fundamental rights are, (a) Habeas Corpus
2.6.3 Qualification of Supreme (b) Mandamus (c) Prohibition (d) Certiorari
Court Judges (e)Quo Warranto.
He must be a citizen of India. (c) Appellate Jurisdiction

He should have worked as a Judge of a The Supreme Court is the final appellate
High Court for at least 5 years. court in the country. As regard the Appellate
He should have worked as an advocate of jurisdiction, the Supreme Court hears appeals
High Court for at least 10 years. against the decisions of High Court in “civil,
He is in the opinion of the President, a criminal and Constitutional” cases with a
distinguished Jurist. certificate from the High Court that it is fit to
The constitution also provides for the appeal in the Supreme Court. Such a case can
appointment of judges to the Supreme Court be brought before the Supreme Court only if
on an ad-hoc (temporary) basis. The Chief the High Court certifies that the case invites
Justice and other judges of the Supreme a substantial of law as to the interpretation of
Court hold the office up to the age of 65 the Constitution.
years. The judges of the Supreme Court
(d) Advisory Jurisdiction
can resign before their term by giving their
resignation in writing to the President. The The Constitution confers on the President
Parliament also has power to remove the the power to refer to the Supreme Court any
Judges by invoking impeachment provisions. question of law or fact which in his opinion is
The Supreme Court has its permanent seat of public importance.

(e) Miscellaneous Jurisdiction (f) Judicial Review
The Supreme Court is The power of the judiciary to declare a
The law declared by Supreme Court is law as unconstitutional is known as “Judicial
binding on all courts within the territory Review”. The Supreme Court enjoys this
of India. power. The Supreme Court of India has
Individual Review Power with regard to
The Supreme Court is authorized to
make rules for regulating, generally the 1) Dispute between the Centre and the States
practice and procedure of the court with 2) To interpret and clarify a provision of the
the approval of the President. constitution about which there are some
doubts and differences of opinion.
The Supreme Court has complete control
3) Protecting the fundamental rights,
over its own establishment.
4) Those laws passed by the legislatures which
are not in accordance with the Constitution.
Recap
The Central Government consists of three organs, namely, Union Executive,
Legislature and Judiciary.
President appoints the Prime Minister and the other members of the Council of Ministers.
The Parliament of India consists of three parts they are the President, Rajya Sabha
and Lok Sabha.
The Attorney General for the India is the highest law officer in the country. He is
appointed by the President of India.
The “Supreme Court is the Guardian of the Constitution”.
The Chief Justice of Supreme Court in India is appointed by the President of India.`
GLOSSARY
Terminate bring to an untimely end. முடிவுக்கு க�ொண்டு வருதல்

Contingency fund an amount of money that can be used to pay for எதிர்பாரா செலவு நிதி
problems that might happen.
Pardon Absolving the convict of all guilt and punishment. ப�ொதுமன்னிப்பு
Remission Quantitative reduction of punishment without தண்டனை குறைப்பு
affecting Nature of punishment.
Precedence priority of importance. முன்னுரிமை
Ex-officio because of an office. பதவியின் நிமித்தமாக
EVALUATION b) The Chief Justice

c) The Prime Minister
I. Choose the correct answer d) C ouncil of
1. The Constitutional Head of the Union is Ministers
a) The President

2. Who is the real executive in a 9. The Chief Justice and other Judges of the
parliamentary type of government? Supreme court are appointed by:
a) Army a) The President
b) The Prime Minister b) TheAttorney General
c) The President c) The Governor
d) Judiciary d) The Prime Minister
3. Who among the following decides 10. Dispute between States of India comes
whether a Bill is a Money Bill or not? to the Supreme Court under:
a) The President a) Appellate Jurisdiction
b) Attorney General b) Original Jurisdiction
c) Parliamentary Affairs Minister c) Advisory Jurisdiction
d) Speaker of Lok Sabha d) None of these
4. The Council of Ministers is collectively 11. If you are elected as the President of India,
responsible to the: which of the following decision can you
take on your own?
a) The President
a) Nominate the leaders of your choice to
b) Lok Sabha
the council of minister
c) The Prime Minister
b) Ask for reconsideration of a bill passed
d) Rajya Sabha by both the Houses
5. The Joint sittings of Indian Parliament c) Select the person you like as Prime
for transacting legislative business are Minister
presided over by?
d) Dismiss a Prime Minister who has a
a) Senior most member of Parliament majority in the Lok Sabha
b) Speaker of the Lok Sabha
II. Fill in the blanks
c) The President of India
1. _________ Bill cannot be introduced
d) The Chairman of the Rajya Sabha in the Parliament without President’s
6. What is minimum age laid down for a approval.
candidate to seek election to the Lok 2. __________ is the leader of the nation
Sabha? and chief spokesperson of the country.
a) 18 years b) 21 years 3. __________ is the Ex-officio
c) 25 years d) 30 years Chairperson of the Rajya Sabha.
7. The authority to alter the boundaries of 4. The President generally nominates two
state in India rest with? members belonging to the ________
a) The President community to the Lok Sabha.
b) The Prime Minister 5. ________ has the right to speak and
c) State Government to take part in the proceedings of both
d) Parliament Houses of the Parliament.
8. Under which Article the President 6. The Chief Justice and other judges of the
is vested with the power to proclaim Supreme Court hold the office up to the
Financial Emergency age of ________years.
a) Article 352 b) Article 360 7. ____________ is the Guardian of the
Constitution.
c) Article 356 d) Article 365

8. At present, the Supreme Court consists b) (A) is false but (R) is true
of _______ judges including the Chief
c) Both (A) and (R) are true and (R) is
Justice.
the correct reason for(A)
III. Choose the correct
d) Both (A) and (R) are true and (R) is
statement
not the correct reason for(A)
1. i) Total members of the Rajya Sabha is 250. IV. Match the following
ii) The 12 nominated members shall be
chosen by the President from amongst 1. Article 53 - State Emergency
persons experience in the field of 2. Article 63 - Internal Emergency
literature, science, art, or social service - Executive power of
3. Article 356
iii) The Members of the Rajya Sabha should President
not be less than 30 years of age. - Office of the Vice
4. Article 76
iv) The members of the Rajya Sabha are President
directly elected by the peoples. - Office of the Attorney
5. Article 352
a) ii & iv are correct General
b) iii & iv are correct V. Answer the brief questions
c) i & iv are correct 1. How is President of India elected?
d) i, ii & iii are correct 2. What are the different categories of
Ministers at the Union level?
2. i) Th
e Chief Justice and other judges of the
Supreme Court hold the office up to the 3. What is the qualification of Judges of the
age of 62 years. Supreme Court?
ii) Judiciary is the third organ of the 4. Write a short note on Speaker of the Lok
government. Sabha?
iii) The cases involving fundamental 5. What is Money Bill?
rights come under the Appellate 6. List out any two special powers of the
jurisdiction of the Supreme Court. Attorney General of India?
iv) The law declared by Supreme Court VI. Answer in detail
is binding on all courts within the
1. Describe the powers and functions of
territory of India.
the President of India.
a) ii & iv are correct
2. Explain the Jurisdiction and powers of
b) iii & iv are correct the Supreme Court of India?
c) i & iv are correct 3. What are the Duties and functions of
Prime Minister of India?
d) i & ii are correct
4. Critically examine the Powers and
3. Assertion (A): The Rajya Sabha is
Functions of the Parliament.
a permanent house and it cannot be
dissolved 5. List out the functions of the Lok Sabha
and the Rajya Sabha.
Reason (R): One third of the members
of Rajya Sabha retire every two years, VII. Project and activity
and new members are elected to fill the 1. Organise a mock parliament in your
seats thus vacated. class. Discuss the role of President,
a) (A) is false but R is true Prime Minister and Ministers.

2. Bring out the differences and similarities 3 Subhash Kashyap - Our Constitution,
between the US and Indian President’s National Book Trust, India, 2011.
REFERENCE BOOKS INTERNET RESOURCES
1. D.D. Basu - Introduction of the 1. https://www.india.org/

Constitution of India, S.C. Sarkar & 2. https://presidentofindia.nic.in/
Sons (Private) Ltd, 1982.
3. http://vicepresidentofindia.nic.in/
2. PM Bakshi - The Constitution of India,
4. http://www.pmindia.gov.in/en/
Universal Law Publishing - an imprint
of LexisNexis, 2018. 5. https://www.sci.gov.in/
ICT CORNER
Through this activity you

will know about the current
Governing bodies and also
about the Lok Sabha & the Rajya
Sabha.
Steps
• Open the Browser and type the URL given below.
• Click on the items under the who’s who menu to view the current Governing
bodies and also know about the Lok Sabha & the Rajya Sabha.
• For example, click on the president from the leftside menu to view the details of
the President.
• Likewise you can view all the details of the current Governing bodies.
Website URL:
https://www.india.gov.in/my-government/whos-who

Unit - 3
State Government
Learning Objectives
Students acquire knowledge about the structure of the State Government
To understand the powers and functions of the Governor, Chief Minister,
Ministers and Speaker
To know about the State Legislature
Student understand the functioning of the judicial system in the State
Introduction Government, in part VI of the constitution

from Article 152 to 237, which is applicable
The Constitution of India envisages for a to all the states, save only the state of Jammu
federal government, having separate systems and Kashmir which has a separate constitution
of administration for the union and the states. for its government under Article 370. The
There are 29 states, 6 union territories and one structure of the State Government, as formed
national capital territory known as Delhi in in the Centre, consists of three branches. These
India. The constitution contains provisions for are the Executive, the Legislature and the
the governance of both the union and the states. Judiciary.
It lays down a uniform structure for the State
State Government
Executive Legislature Judiciary
Governor High Court

Legislative Legislative
Council Assembly
Chief Minister (Upper House) (Lower House) District Courts
Council of Other Courts

Ministers
195 State Government
3 State Government(06.03.2019).indd 195 10-04-2019 23:18:37

the matter of appointing a person as Governor
The Constitution of Jammu and
of a State. He should not be a resident of the
Kashmir was adopted on the
State concerned and, the State Government
17 November, 1957 and came
concerned is consulted and its views are sought
into force on 26 January, 1957.
regarding the proposed choice.
The Constitution of India grants
special status to Jammu and Kashmir among According to Article 158 (3A), where the same
Indian states, and it is the only state in India person is appointed as Governor of two or more
to have a separate constitution. The Directive States, the emoluments and allowances payable
Principles of the State Policy and fundamen- to the Governor shall be allocated among the
tal duties of the constitution are not applica- States in such proportion as the President may
ble to the state of Jammu and Kashmir. Right by order determine.
to Property, which is denied as a fundamental
Sarkaria Commission on
right to rest of the India, is still guaranteed in
Centre , State relations
Jammu and Kashmir. suggested that the appointment
of the Governor should be
3.1 The Executive made:
i) From a panel to be prepared by the State
3.1.1 The Governor Legislature or
The Governor is the constitutional head of ii) From a panel to be prepared by the State
the state executive. The administration of a Government (in effect the Chief Minister) or
State is carried on in the name of the Governor. invariably with the concurrence of the State
Generally, there is a separate Governor in each Chief Minister ; or
State but if the situation warrants so, the same iii) Invariably in consultation with the State
person may be appointed as the Governor of Chief Minister.
two or more States.
Article 154 vests the executive power of the 3.1.3 Qualification
State in the Governor. Article 154(1) holds that Article 157 and Article
the executive power of the State shall be vested 158 of the Constitution
in the Governor and shall be exercised by him of India specify eligibility
either directly or through officers subordinates requirements for the post of
to him in accordance with this Constitution. governor. They are as follows:
He should be a citizen of India.
3.1.2 Appointment
He must have completed 35 years of age.
The Governor of a State shall be appointed He should not be a member of Parliament
by the President. His usual term of office is five or of any State Legislature. If he is a member
years but he holds office during the pleasure of of any of Legislature, he automatically
the President. Generally, the Governor does not vacates his seat on assuming the office.
belong to the State where he is appointed. He He should not hold any other profitable
can also be transferred from one state to another occupation.
by the President. He can also resign any time by
addressing his resignation to the President. 3.1.4 Powers and Functions of
the Governor
The Legislature of a State or a High Court has
no role in the removal of a Governor. A person The Governor is the head of the state executive
may be appointed as a Governor for any number and he has enormous powers. In the exercise
of terms. Two conventions have been set up in of functions and powers, the Governor, except
State Government 196

in certain cases, is to be guided by the aid and Legislative Powers
advice of the Council of Ministers headed by
the Chief Minister (under Article 163). As the The Governor is an integral part of the
state legislature. But, he is not a member in
executive head in the state level, the Governor
the either house of the legislature. In this
has following functions and powers.
capacity, he enjoys the following legislative
Executive Powers powers and functions:

T he Constitution vests all executive He has the right to summon, prorogue
powers of the State Government in the state legislature and dissolve the State
the Governor. He may exercise this Legislative Assembly.
power either directly or through He can address the state legislature at the
officers subordinate to him. He is the commencement of the first session after
constitutional head of the State. All the each general election and the first session
administration is carried on in his name. of each year.
The executive powers and functions of He can send messages to the houses of the
the Governor are: state legislature relating to a bill pending
He appoints the leader of the majority in the legislature.
party in the State Legislative Assembly as
He can appoint any member of the
the Chief Minister of the State. Legislative Assembly to preside over its
proceedings when the offices of both
He appoints other members of the Council
the Speaker and the Deputy Speaker fall
of Ministers on the recommendation of vacant.
the Chief Minister.
He can nominate one member to the state
He appoints the Advocate - General of the legislature assembly from the Anglo-
state and determines his remuneration. Indian Community.
The Advocate General holds office during
He nominates 1/6 of the members of the
the pleasure of the Governor. State Legislative Council from amongst
He appoints the Chairman and Members the persons having special knowledge or
of the State Public Service Commission. practical experience in literature, science,
However, they can be removed only by art, cooperative movement and social
the president and not by a governor. service.

He appoints the state election
He decides on the question of
commissioner and determines his disqualification of members of the state
conditions of service and tenure of office. legislature in consultation with the
Election Commission.
However, the state election commissioner
can be removed only in like manner and Every bill passed by the state legislature
on the like grounds as a judge of a high will become law only after his signature.
court. But, when a bill is sent to the Governor
after it is passed by the legislature, he
He acts as the chancellor of universities has the options to give his assent to the
in the state. He also appoints the Vice bill or withhold his assent to the bill or
Chancellors of universities in the state. return the bill for the reconsideration of
He directly rules a State when there is the the legislature.
imposition of the President’s rule in the He has to reserve any bill passed by the
State. state legislature which endangers the

position of the state High Court, for the
He makes appointment, postings and
consideration of the President. promotions of the District Judges in
He can promulgate ordinances when the consultation with the State High Court.
state legislature is not in session under The Chief Justice of the High Court in
Article 213. But, these ordinances must the State is appointed by the President in
be approved by the legislature within consultation with him.
six months. He can also withdraw an

He can pardon, commute or reprieve
ordinance at anytime.
punishment on receipt of appeals for
He has to lay the annual reports of the mercy.
State Finance Commission, the State
Public Service Commission and the Discretionary Powers
Comptroller and Auditor General relating The Governor can reserve a bill for the
to the accounts of the state, before the
consideration of the president.
state legislature.
He recommends for the imposition of the
Financial Powers
President’s rule in the state.
The Constitution confers on the Governor,

He seeks information from the Chief
the duty to get prepared and introduced
Minister relating to the administrative
to the State Legislature, the annual budget
and legislative matters of the state.
and also the supplementary budgets, if
necessary. He can call the leader of any party to
form ministry in the state when there is
He causes the Annual Financial Statement
(Budget) of the State to be presented in no clear-cut majority to any party in the
the Legislative Assembly. Legislative Assembly after the general
elections.

He presents through the Minister of
Finance of the State the Supplementary He can dismiss the Council of Ministers
Budget of the State to the Legislative when it is unable to prove the confidence
Assembly if there be such a need. of the Legislative Assembly; and
Money Bills can be introduced in the He can dissolve the Legislative Assembly
State Legislature only with his the prior if the Council of Ministers has lost its
recommendation. majority.
No demand for any grant can be made Emergency Powers
except on his recommendation.
If the Governor is satisfied that the

He can make advances out of the
government of the state is not carried on
state Contingency Fund to meet any
in accordance with the provisions of the
unforeseen expenditure.
Constitution, he may, under Article 356,

He constitutes a Finance Commission recommend to the President to impose
after every five years to review the
President Rule in that State. As soon as the
financial position of the panchayats and
President Rule is imposed, the administration
the municipalities.
of the State is carried on by the Governor as
Judicial Powers the representative of the President.
He appoints the Attorney-General of the
State. 3.1.5 Privileges of the Governor
He appoints Judges to the Subordinate Article 361(1) provides for the following
Courts in the State. privileges for the Governor;

(a) The Governor of a State, is not be answerable
Chief Ministers of Tamil Nadu from 1947
to any court for the exercise and performance
of the powers and duties of his office or Thiru.O. P. Ramaswamy 1947-1949
for any act done or purporting to be done Thiru.P. S. Kumaraswamy Raja 1949 – 1952
by him in the exercise and performance of Thiru.C. Rajagopalachari 1952 – 1954
those powers and duties. Thiru.K. Kamaraj 1954 - 1963
(b) No criminal proceedings whatsoever shall Thiru.M. Bakthavatsalam 1963 – 1967
be instituted or continued against the Thiru.C. N. Annadurai 1967 – 1969
Governor of a State, in any court during his Thiru.M. Karunanidhi 1969 – 1976
term of office. Thiru.M. G. Ramachandran 1977 – 1987
(c) No process for the arrest or imprisonment of Tmt. JanakiRamachandran January 1988
the Governor of a State, shall issue from any Thiru.M. Karunanidhi 1989 – 1991
court during his term of office. Selvi.J. Jayalalithaa 1991 – 1996
Thiru.M. Karunanidhi 1996 – 2001
(d)
No civil proceedings in which relief is
Selvi.J. Jayalalithaa 2001
claimed against the Governor of a State.
Thiru.O.Panneerselvam 2001 – 2002
3.2 Chief Minister Selvi.J. Jayalalithaa 2002 – 2006
In the scheme of Parliamentary system of Thiru.M. Karunanidhi 2006 – 2011
government provided by the constitution, the Selvi. J. Jayalalithaa 2011 – 2014
governor is the nominal executive authority Thiru.O.Panneerselvam 2014 – 2015
and the Chief Minister is the real executive Selvi.J. Jayalalithaa 2015 – 2016
authority. In other words, the governor is the Thiru.O.Panneerselvam 2016 – 2017
head of the State while the Chief Minister is the Thiru.Edappadi K. Palaniswami 2017 – till now
head of the government.
3.2.1 The appointment of the
3.2.2 Powers and functions of
Chief Minister
the Chief Minister
The Chief Minister is appointed by the
Governor of the State. The leader of the majority The Chief Minister is the real executive head of
party or majority group in the State Legislative the State administration. He has the following
Assembly is appointed as the Chief Minister. In powers and functions.
case no party commands absolute majority, in
Relating to the council of ministers
�
the Legislative Assembly or the majority fails
to elect its leader, the Governor can use his Relating to the Governor
�
power and invite the leader of the other largest
party to form the ministry. He has to prove the Relating to the State Legislature
�
confidence (majority support) in the Legislative Other functions and powers.
�
Assembly within the period stipulated by the
Governor. elating to the Council of
R
The term of the Chief Minister is not fixed. Ministers
He may remain as the Chief Minister as long As the head of the Council of Ministers, the
as he enjoys the support of the majority of the
Chief Minister enjoys the following functions
members of the Legislative Assembly. He has to
resign when he losses confidence of the majority and powers.
in the assembly. It is ‘understood that normally
T he Chief Minister recommends the
he completes 5 years term like other members persons who can be appointed as
in the Legislative Assembly.
ministers by Governor.

He allocates the portfolios among the Other function and powers
ministers.
As the leader of the ruling party, the
He shuffles and reshuffles his ministry. Chief Minister has to control the party
He can ask a minister to resign or to and develop the disciplines.
advise the Governor to dismiss him in As the leader of the state, he has to keenly
case of difference of opinion. consider the demands of the different

He presides over the meetings of the sections of the people.
Council of Ministers and influences its
As the political head of the various
decisions. services, he has to supervise, control and
co-ordinate the secretaries of various
He can bring about the collapse of the
departments in the state level.
council of ministers by resigning from
office.
For smooth functioning of the state
and for good centre-state relations, he

He guides, directs, controls and
has to develop a rapport with the union
coordinates the activities of all the government.
ministers.
3.2.3 Council of Ministers
Relating to the Governor
The Council of Ministers are collectively
The Chief Minister is the principal channel responsible to the State Legislature. All the
of communication between the Governor and members of the Council of Ministers must be the
the Council of Ministers, and he advises the members of the State Legislature. Those who are
Governor in relation to the appointment of the not the members at the time of their appointment,
following officials: must secure their seats in the Legislature within
a period of 6 months. All the ministers work
Advocate General of the State.
as a team under the Chief Minster. As long as
State Election Commissioner. the Chief Minister is in office, the Council of

C hairman and Members of the State Ministers will also be in power. If a no-confidence
Public Service Commission. motion is passed by the Legislative Assembly, the
State Ministry shall resign.

C hairman and Members of the State
Planning Commission. Article l63 provides for a Council of Ministers
to aid and advice the Governor. According

C hairman and Members of the State to Article 163(1) there shall be a Council of
Finance Commission. Ministers with the Chief Minister at the head
to aid and advice the Governor in the exercise
Relating to State Legislature
of his functions, except in so far as he is by or
The Chief Minister advises the Governor with
� under this Constitution required to exercise his
regard to the summoning and proroguing functions or any of them in his discretion.
the sessions of the state legislature.
ther Provisions relating to
O
He announces the government policies on
� Ministers
the floor of the house.
Article 164(1) holds that the Chief Minister
He can introduce the bills in the Legislative
� shall be appointed by the Governor and the
Assembly. other Ministers shall be appointed by the
He can recommend for the dissolution of
� Governor on the advice of the Chief Minister,
the Legislative Assembly to the Governor and the Ministers shall hold office during the
pleasure of the Governor:
anytime.

Article 164(1A) states that the total number Andhra Pradesh, Telangana and Jammu-
of Ministers, including the Chief Minister, in the Kashmir). The lower house, legislative assembly
Council of Ministers in a State shall not exceed represents the people of the state the upper
fifteen percent of the total number of members house; Legislative Council represents special
of the Legislative Assembly. interests like teachers, graduates and local
governments.
he functions and powers of the
T
Council of Ministers
It formulates and decides the policies of
the state and implements them effectively.
It decides the legislative programmes of
the Legislative Assembly and sponsors all
important bills.
It controls the financial policy and
decides the tax structure for the public
welfare of the state.
Tamil Nadu Legislative Assembly
It chalks out programmes and schemes
for the socio-economic changes so that In Tamil Nadu, according to the
the state makes headway in various inter- strength of Legislative Assem-
related fields. bly (234 members), the number
It makes the important appointments of of ministers may be up to 36,
i.e. 15 percent of 234.
the Heads of Departments.

It discusses and takes efforts on the 3.3.1 The Legislative Assembly
dispute with other states
(Lower House)

It advises the Governor on the
The Legislative Assembly is a popular house. It
appointment of Judges of the subordinate
is the real centre of power in the State. It consists
courts.
of members directly elected by the people on

It frames the proposal for incurring the basis of adult franchise. The strength of the
expenditure out of state reserves. Assembly varies from State to State depending on
It decides all the bills whether ordinary the population. However the maximum strength
bills or money bills to be introduced in of the Assembly must not exceed 500 or its
the Legislative Assembly. minimum strength not be below 60. The term of
E ach minister of the Council of Ministers office of the legislative assembly is 5 years. It can
supervises, controls and coordinates the be dissolved even before the expiry of its term.
department concerned. The size of the Legislative Council cannot

Annual Financial Statement called as be more than one-third the membership of the
the Budget is finalised by the Council of Legislative Assembly (lower house) of that state.
Ministers. But its size cannot be less than 40, except in
Jammu and Kashmir where there are 36 by an
3.3
The State Legislature act of Parliament. The members draw the salary
and allowances passed by the State legislature
The Constitution provides a legislature from time to time.
for every state. Most of the States have only
Composition
unicameral legislature i.e., Legislative assembly.
The Legislative Assembly of Tamil Nadu
Some State has bicameral legislatures (example
consists of 235 members out of which 234
Bihar, Karnataka, Maharashtra, Uttar Pradesh,

members are directly elected by the people The Vidhan Parishads (Legislative Council)
from the constituencies on the basis of adult forms a part of the state legislatures of India.
franchise and one member is nominated by the In Seven of India’s 29 states (Bihar, Karnataka,
Governor from the Anglo-Indian community. Maharashtra, Uttar Pradesh, Andhra Pradesh,
However, seats shall be reserved in the house for Telangana and Jammu - Kashmir) the
the scheduled castes and scheduled tribes. Legislative Council serves as the indirectly-
elected upper house of a bicameral legislature.
Cabinet and Cabinet Committees It is also a permanent house because it cannot
be dissolved. Every Member of Legislative
A smaller body called Cabinet is the nucleus
Council (MLC) serves for a six-year term, with
of the council of minister. It consists of only
terms staggered so that the terms of one-third
the cabinet ministers. It is the real centre of
of members expire every two years. MLCs
authority in the state government. must be citizens of India not under 30 years of
The cabinet works through various age, mentally sound and not bankrupt, and his
committees called cabinet committees. They are name should be in the voter’s list of the state
of two types - standing and ad hoc. The former from which he or she is contesting the election.
are of a permanent nature while the latter are of
a temporary nature. The Tamil Nadu Legislative
Council was abolished by
The Speaker Tamil Nadu Legislative
The Legislative Assembly elects two of its Council (Abolition) Bill, 1986.
members as the Speaker and Deputy Speaker. The Act came into force on the
1 November 1986.
st
The Speaker vacates his office, if he cannot
continue to be a member of the Assembly.
He may also resign his office at any time. The Election to Legislative Council
speaker may be removed from office by a 1/3 of the members are elected by local
resolution of the Assembly after giving a 14 bodies.
days’ notice. Such a resolution must be passed

1 /12 of the members are elected by
by a majority of the members present at the
Graduates of the universities in the State.
time of voting. The speaker does not vacate
his office, when the Assembly is dissolved. He
1 /12 of the members are elected by
continues to be the Speaker until the first sitting Graduate teachers.
of the new Assembly. While the office of the 1/3 of the members are elected by the
speaker is vacant, the Deputy Speaker performs members of the Legislative Assembly.
his functions. 1/6 is nominated by the Governor who is
eminent in the field of literary excellence,
3.3.2 The Legislative Council
art, social services or Co-operation.
(Upper House)
The legislative Council is the upper House The Chairman

of the State Legislature. It is constituted as a The Chairman (chair person he / she) is
permanent House. Article 171(1) provides that the Presiding Officer of the Upper house.
the total number of members in the Legislative The Members elect a Chairman and a deputy
Council of a State shall not exceed one-third of chairman from among themselves. In the
absence of the chairman, the deputy chairman
the total number of members in the Legislative
officiate the functions of the Legislative
Assembly of that State, but not less than 40
Council.
members in any case.

Abolition or Creation of questions asked by the members of the
Legislative Councils Legislature. They can be removed from office
if the Assembly passes a vote of “no confidence
Article 169 deals with the creation or
motion” against the Ministry.
abolition of Legislative Council in a State.
Article 169 holds that if the state Legislative 3.4.4 Wide powers
Assembly passes a resolution by a majority of In State having two Houses, the Legislative
not less than 2/3rd of the members present and Assembly enjoys more powers than the
voting and by the majority of total strength Legislative Council. The Assembly has
of the House, requesting the Parliament to complete control over the state finance. The
create or abolish the state Legislative council Council cannot vote for grants. The Council of
then the Parliament may by law provide for Ministers is responsible only to the Assembly.
the abolition and creation of the Legislative
Council.
3.5 Judiciary of State
3.4 Functions of the State 3.5.1 High Courts
Legislature The institution of high court originated in
The powers and functions of the State India in 1862 when the high courts were set up
Legislature are almost the same as that of at Calcutta, Bombay and Madras. In the course
Parliament. of time, each province in British India came to
have its own high court. After 1950, a high court
3.4.1 Legislative powers existing in a province became the high court for
The State Legislature can pass laws on all the corresponding state. The High Courts are
subjects mentioned in the State List as per the highest courts at State level, but being part
the constitution. It can also pass laws on of integrated Indian judiciary they work under
concurrent subjects. The State made law in the superintendence, direction and control of
a concurrent subject will become inoperative the Supreme Court.
when the centre also passes a law on the
same subject. The passing of Bill into law
follows the same procedure, as in the union
parliament. Every bill passes through three
readings. Then it becomes an Act with the
Governor’s assent.
3.4.2 Financial Powers
The Legislature controls the finances of the
State. The Lower House enjoys greater power High Court of Madras
than the Upper House in money matters.
The Constitution of India provides for a
Money bills can be introduced only in the
high court for each state, but the Seventh
Lower House or the Assembly. No new tax can
Amendment Act of 1956 authorised the
be levied without the sanction and permission
Parliament to establish a common high court
of the Assembly.
for two or more states or for two or more states
3.4.3 Controls over the Executive and a union territory.
The Legislature controls the Executive. For example, the States of Punjab and Haryana
The Council of Ministers is responsible to and the Union Territory of Chandigarh have a
the Assembly. The Ministers have to answer common High Court situated at Chandigarh.

Similarly, the High Court of Guwahati is criminal cases which are committed to them by
common for seven northeastern States of Assam, the Presidency Magistrates.
Nagaland, Manipur, Meghalaya, Mizoram,
Appellate Jurisdiction
Tripura and Arunachal Pradesh. Delhi, though
As Courts of appeal, all High Courts entertain
not a State, has its own separate High Court.
appeals in civil and criminal cases from their
Every High Court has a Chief Justice and a
subordinate Courts as well as on their own.
number of judges. The number of judges varies
from State to State. The number of judges of They have, however, no jurisdiction over
each High Court is determined by the President. tribunals established under the laws relating to
At present there are 25 High Courts for 29 States the Armed Forces of the Country.
(including new Andhra Pradesh High Court
Writ Jurisdiction
established in 1st January 2019 at principal seat
in Amravati) and seven Union Territories. Under Article 226 of the constitution, the
High Courts are given powers of issuing writs
The High Court of Madras not only for the enforcement of the Fundamental
is the one of the three High Rights, but also for other purposes. In exercise
Courts in India established in of this power, a Court may issue the same
the three Presidency Towns of type of writs, orders or directions which the
Bombay, Calcutta and Madras Supreme Court is empowered to issue under
by letters patent granted by Queen Victoria, Article 32.
bearing date 26 June 1862. The High Court
The jurisdiction to issue writs under this
building is the second largest judicial
Article is larger in the case of High Courts, for
complex in the world after London.
which the Supreme Court can issue them only
where a Fundamental Right has been infringed,
3.5.2 Appointment of the Judges a High Court can issue them not only in such
cases, but also where an ordinary legal right has
Every High Court consists of a Chief Justice been infringed.
and such other Judges as appointed by the
President from time to time (Article 216). Habeas Corpus The writ of habeas corpus
is issued to a detaining authority, ordering the
3.5.3 Jurisdiction and Powers of detainer to produce the detained person in
High Court the issuing court, along with the cause of his
At present, a high court enjoys the following or her detention, if the detention is found to
jurisdiction and powers: be illegal, the court issues an order to set the
person free.
Original Jurisdiction
Mandamus The writ of mandamus is issued to
In their judicial capacity, the High Courts
a subordinate court, an officer of government, or
of the Presidency towns (Bombay, Calcutta
and Madras) have both original and appellate a corporation or other institution commanding
jurisdictions, while other High Courts have the performance of certain acts or duties.
mostly appellate jurisdiction. Prohibition The writ of prohibition is issued
Only in matters of admiralty, probate, by a higher court to a lower court prohibiting it
matrimonial and contempt of Court, they have from taking up a case because it falls outside the
original jurisdiction. The Presidency High jurisdiction of the lower court. Thus, the higher
Courts have original jurisdiction in which the court transfers the case to it.
amount involved is more than `2000 and in

Quo Warranto The writ of quo Warranto is law and return the case to the subordinate
issued against a person who claims or usurps court with its judgment.
a public office. Through this writ the court (d) Its law is binding on all subordinate courts
inquires ‘by what authority’ the person supports functioning within its territorial jurisdiction
his or her claim. in the same sense as the law declared by the
Certiorari The writ of certiorari is issued to a Supreme Court is binding on all courts in
lower court directing that the record of a case be India.
sent up for review, together with all supporting Court of Record
files, evidence and documents, usually with the All the decisions and decrees issued by the High
intention of overruling the judgment of the lower Court are printed and are kept as a record for
court. It is one of the mechanisms by which the future references by the Court as well as by the
fundamental rights of the citizens are upheld. lawyers, is such a need arises. Thus, it also acts
as a Court of Record.
Supervisory Jurisdiction
Power of Judicial Review
High court has the power of superintendence
over all courts and tribunals functioning in its Judicial review is the power of a high court
territorial jurisdiction (except military courts to examine the constitutionality of legislative
or tribunals) Thus, it may enactments and executive orders of both the
Central and state governments. Though the
(a) C all for returns from them; phrase judicial review has no where been used
(b) Make an issue, general rules and prescribe in the Constitution, the provisions of Articles
forms for regulating the practice and 226 and 227 explicitly confer the power of
proceedings of them. judicial review on a high court
(c) Prescribe forms in which books, entries and
The 42nd Amendment Act of 1976 curtailed
accounts are to be kept by them; and
the judicial review power of high court. It
(d) Settle the fees payable to the sheriff, clerks,
debarred the high court’s from considering
officers and legal practitioners of them.
the constitutional validity of any central law.
ontrol over Subordinate Courts
C However, the 43rd Amendment Act of 1977
A high court has an administrative control and restored the original position.
other powers over them
(a) It is consulted by the governor in the matters
of appointment, posting and promotion of
district judges and in the appointments of
persons to the judicial service of the state
(other than district judges).
(b) It deals with the matters of posting, promotion,
grant of leave, transfers and discipline of the
members of the judicial service of the state
(other than district judges).
(c) It can withdraw a case pending in a subordinate
court if it involves a substantial question of
law that requires the interpretation of the
Constitution. It can then either dispose of
the case itself or determines the question of Statue of Sama Neethi Kanda Cholan at Madras High Court

Recap
The Governor is the constitutional head of the state executive.
�
The Chief Minister is appointed by the Governor of the State.
�
The Council of Ministers are collectively responsible to the State Legislature.
�
The Legislative Assembly is the real centre of power in the State.
�
At present there are 25 High Courts for 29 States and seven Union Territories.
�
The 42nd Amendment Act of 1976 curtailed the judicial review power of high court.
�
The 43rd Amendment Act of 1977 restored the original position.
�
GLOSSARY
Constitution It has been defined as the fundamental law of a State. அரசியலமைப்பு

Cabinet It is an inner body within the Council of Ministers which is அமைச்சரவை
responsible for formulating the policy of the Government.
Legislature the group of people in a country or part of a country who சட்டமன்றம்
have the power to make and change laws
Tribunal a special court chosen, especially by the government, to தீர்ப்பாயம்
examine particular problem
Resolution an official decision that is made after a group or organisation தீர்மானம்
has voted
Remuneration payment for work or service ஊதியம்
Interpretation an explanation or opinion of what something means விளக்கம்
3 Which among the following is not one of

EVALUATION the powers of the Governor?
(a) Legislative (b) Executive
I Choose the (c) Judicial (d) Diplomatic
Correct Answer 4 Who can nominate one representative
1
The Governor of the of the Anglo-Indian Community to the
State is appointed by the State Legislative Assembly?
(a) Prime Minister (a) The President
(b) Chief Minister (b) The Governor
(c) President (c) The Chief Minister
(d) Chief Justice (d) The Speaker of State legislature
2 The Speaker of a State is a 5 The Governor does not appoint
(a) Head of State (a) Chief Minister
(b) Head of government (b) Chairman of the State Public Service
Commission
(c) President’s agent
(c) Advocate General of the State
(d) None of these
(d) Judges of the High Court

6 The Chief Minister of a State is appointed by (c) Punjab and Haryana
(a) The State Legislature (d) Maharashtra and Gujarat
(b) The Governor
(c) The President II. Fill in the blanks
(d) The Speaker of State 1 Governor of the state government
Legislative Assembly surrenders his resignation to _______.
7 The State Council of Ministers is headed by 2 Members of the Legislative assembly
(a) The Chief Minster (MLAs) elected by the _______.
(b) The Governor 3 _______ is the first women Governor of
(c) The Speaker Tamil Nadu.
(d) The Prime Minister
4 _______ acts as the chancellor of
8 The Legislative Council universities in the state.
(a) Has a term of five years 5 The Seventh Amendment Act of _______
(b) Has a term of six years authorised the Parliament to establish
(c) Is a permanent house a common high court for two or more
(d) Has a term of four years states.
9 The minimum age for the membership 6 The Chairman and Members of the
of the Legislative Council is State Public Service Commission can be
(a) 25 years (b) 21 years removed only by the _______.
(c) 30 years (d) 35 years
III. Match the following
10 The members of Legislative Council are
(a) Elected by the Legislative Assembly 1. Governor - Head of the
Government
(b) Mostly nominated
(c) Elected by local bodies, graduates, 2. Chief Minister - Head of the State
teachers, Legislative Assembly etc. 3. Council of Ministers- Tribunals
(d) Directly elected by the people 4. MLC - Responsible for
11 Which one of the following States does the Assembly
not possess a bicameral legislature? 5. Armed forces - cannot vote for
(a) Andhra Pradesh grants
(b) Telangana
(c) Tamil Nadu IV. C hoose the correct
(d) Uttar Pradesh statement
1. i) Only some States in India have Legislative
12
The High Courts in India were first Councils.
started at ii) Some members of Legislative Councils are
(a) Calcutta, Bombay, Madras nominated.
(b) Delhi and Calcutta iii) Some members of Legislative Councils
are directly elected by the people.
(c) Delhi, Calcutta, Madras
a) ii & iv are correct
(d) Calcutta, Madras, Delhi
b) iii & iv are correct
13 Which of the following States have a c) i & iv are correct
common High Court? d) i, ii & iii are correct
(a) Tamil Nadu and Andhra Pradesh
(b) Kerala and Telangana

2. Assertion (A): There are limitations on the 3 Briefly discuss the Functions of the State
Legislative authority of the State Legislature. Legislature.
Reason (R): Certain bills on the State List 4 Critically examine the functions and
can be introduced in the State Legislature powers of the Council of Ministers
only with the President’s approval. 5 Describe the powers and functions of
a) (A) is false but R is true the High Court.
b) (A) is true but (R) is false VII. Project and Activity
c) Both (A) and (R) are true and (R) is the 1 Prepare a flow chart showing the State
correct reason for (A) Government’s Administrative setup.
d) Both (A) and (R) are true and (R) is not 2 Students to list out the names of the Tamil
the correct reason for (A) Nadu Governor, Chief Minister, Ministers
V. Answer the brief questions and the Governors and Chief Ministers of
1 How the state of Jammu and Kashmir the neighbouring States.
differ from the other states of India?
2 What is the importance of the Governor REFERENCE BOOKS
of a state?
3 What are the qualifications for the 1. D.D. Basu - Introduction of the
appointment of Governor? Constitution of India, S.C. Sarkar &
4 What is the original jurisdiction of the Sons (Private) Ltd, 1982.
High Court? 2 Subhash Kashyap - Our Constitution,
5 What do you understand by the “Appellate National Book Trust, India, 2011.
Jurisdiction” of the High Court?
INTERNET RES OURC ES
VI. Answer in detail
1 What are the powers and functions of
the Chief Minister? 1 www.tnrajbhavan.gov.in
2 Describe the various powers and 2 www.tn.gov.in
functions of the Governor. 3 www.hcmadras.tn.nic.in
ICT CORNER
Through this activity you will
know about the official details
and functions of various states
of our country.
Steps
• Open the Browser and type the URL given below.
• Click on any state of the Indian map to view the official website of the state and its function.
• For example, click on the Tamilnadu state. An additional tab will open in the browser
where you can see the official website of Tamilnadu.
• Likewise you can view the details of the other states.
Website URL:
https://www.mea.gov.in/india-at-glance.htm

www.tntextbooks.in
UNIT Election, Political Parties and

Pressure Groups
2
Learning Objectives
Know about the electoral system in India.

Know the different types of elections in India.
Understands the meaning of political party.
Know the functions of state party and national party.
Understand the pressure groups in India.
Introduction (ii) The Parliament may make provision

with respect to all matters relating to
An election is a formal decision-making elections to the Parliament including
process by which a people chooses an the preparation of electoral rolls, the
individual to hold public office by voting. delimitation of constituencies and all
other matters necessary for securing
their due constitution.
1 Electoral System in India
iii) The state legislatures can also make
(
The electoral system in India has been provisions with respect to all matters
adapted from the system followed in the relating to elections to the state
United Kingdom. India is a socialist, legislatures including the preparation
secular, democratic republic and the of electoral rolls and all other matters
largest democracy in the world. The necessary for securing their due
modern Indian nation state came into constitution.
existence on 15August1947.
Articles 324 to 329 in part XV of the
Constitution make the following provisions
with regard to the electoral system in our
country.
(i) Article 324 of the Indian Constitution Kudavolai was the
provides for an independent Election system of voting
Commission in order to ensure free followed during
and fair elections in the country. At the Chola period in
present, the commission consists of Tamil Nadu
a Chief Election Commissioner and
two Election Commissioners. Kudavolai
2. Election, Political Parties and Pressure Groups 157
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The Above). Rule 49-O in the Conduct of

Elections Rules, 1961, of India describes
We celebrate National Voters Day on this procedure.
25th January in India.
1.1 Election Process

At the national level, the head of
government, the Prime Minister, is
elected by members of the Lok Sabha, the Symbol used with NOTA option on
lower house of the Parliament in India. electronic voting machines in India
In representative democracy like ours,
elections are extremely important. Voting
in elections are the best way to make your
‘voice’ heard.
NOTA was first introduced in the

General Elections held in 2014. India
is the 14th country in the world to
introduce NOTA.
1.3 Types of Elections in India

Elections are classified into two types:
direct and indirect elections.
Voters Verified Paper Audit Trail
(VVPAT) 1.3.1 Direct Elections
People directly vote for the

candidates in the fray and
elect their representatives.
The following are examples
Voters Verified Paper Audit Trail of direct elections in which
(VVPAT) is the way forward to people over the age of 18
enhance credibility and transparency years participate in the electoral process by
of the election process. This system was casting their votes.
first introduced in the 2014 General (i) Lok Sabha elections, in which the
Election. Members of Parliament are elected.
(ii) Elections to the state Legislative
Assemblies, in which the Members
1.2 Introduction of the NOTA
of Legislative Assemblies are elected.
Option
(iii) Elections to the local governing bodies,
If the people in a democratic country are in which members of the local governing
not willing to elect any candidate, they can bodies like the municipal corporation
vote for the option called NOTA (None Of or the panchayat are elected.
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1.3.1.1 Merits 1.3.2.2 Demerits
(i) As the voters elect their representatives (i) If the number of voters is very
directly, direct elections are considered small, there exists the possibility of
to be a more democratic method of corruption, bribery, horse trading
election. and other unfair activities.
(ii) It educates people regarding the (ii) It is less democratic because people
government activities and helps in do not have a direct opportunity to
choosing the appropriate candidates. elect, but they instead do it through
Also, it encourages people to play an their representatives. So, this may
active role in politics. not reflect the true will of the people.
(iii) It empowers people and makes the
rulers accountable for their actions.
1.3.1.2 Demerits
(i) Direct elections are very expensive. How is the President of India elected?
(ii) Illiterate voters sometimes get misguided The President of India is elected by
by false propaganda and sometimes the members of an electoral college
campaigning based on caste, religious consisting of
and various other sectarian consideration 1. The elected members of both
spose serious challenges. Houses of Parliament
(iii) Since conducting direct elections is a 2. The elected members of the
massive exercise, ensuring free and Legislative Assemblies of all the
fair elections at every polling station states and Union territories in
is a major challenge to the Election India
Commission.
(iv) There are instances of some political NOTE: The members nominated to
candidates influencing the voters either House of Parliament or the
through payments in the form of Legislative Assemblies of states are
cash, goods or services. not eligible to be included in the
(v) Election campaigns sometimes electoral college.
results in violence, tension, law and
order problems and affects the day-
to-day life of people.
2. Political Parties
1.3.2 Indirect Elections Political parties are an essential part of
Voters elect their representatives, who, in democracy. Parties are the link between
turn, elect their representatives to formal government and the people.
offices like the President’s office.
2.1 Meaning of Political Party
1.3.2.1 Merits A political party is an organisation
(i) Indirect elections are less expensive. formed by a group of people with a
(ii) It is more suited to elections in large
certain ideology and agenda to contest
countries. elections and hold power in the
government. A political party has three
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components: a leader, active members symbol. Only the official candidate of

and the followers. the party can use that election symbol.
In 2017, there were seven recognised
national parties.
2.2 Types of a Party System
There are three types of party system in 2.3.2 State Parties
the world namely.
Other than the seven national parties,
i. Single-party system in which one most of the major parties of the country
ruling party exists and no opposition are classified by the Election Commission
is permitted. China, Cuba, the former as ‘state parties’. These are commonly
USSR (Union of Soviet Socialist referred to as regional parties. A party is
Republics) are the examples for the recognised as a state party by the Election
single-party system. Commission of India based on certain
ii. Two-party system in which only percentage of votes secured or a certain
two major parties exist, for example, number of seats won in the Assembly or
USA, UK. Lok Sabha elections.
iii. Multi-party system in which there
2.3.3 Recognition to the Parties
are more than two political parties,
for example, India, Sri Lanka, France For getting recognition as ‘national
and Italy. party’, a party has to fulfill any one of the
following criteria:
2.3 Types of Political Parties i. At least 6% votes in at least four states
and members to the Lok Sabha.
Political parties in India are classified
according to their area of influence into ii. In the election of Lok Sabha, at least
two main types:(1) national and (2) state 2% members from at least three
parties. states are elected to Lok Sabha.
iii. Recognition as a state party at least
four states.
Political parties
2.3.4 Functions of Political Parties
National State Parties contest elections. In most
democracies, elections are fought
Ruling Opposition Ruling Opposition mainly among the candidates put up
by political parties.
Parties put forward their policies and
2.3.1 National Parties programmes before the electorate to
consider and choose.
A party which is recognised as a state
Parties play a decisive role in making
party in at least four states is recognised
laws for a country. Formally, laws are
as a national party. Every party in the
debated and passed in the legislature.
country has to register with the Election
Commission while the Commission Parties form and run the governments.
treats all the parties equally. It offers some Those parties that lose in the elections
special facilities to state and national play the role of the Opposition to the
parties. These parties are given a unique party or a group of coalition parties
in power, by voicing different views
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and criticising the government for its that they neither contest elections nor try
failures or wrong policies. to capture political power.
Parties shape public opinion. They raise
and highlight issues of importance.
Parties function as the useful link between
people and the government machinery.
2.4 Role of Opposition Parties in

a Democracy
In a democracy, there may be a two-party
system like in the USA or a multi-party
system like in India and France. The ruling
party may have received the mandate of the 3.1 Pressure Groups in India
majority people and the Opposition party A large number of pressure groups exist in
represented the remaining people. The India. But, they are not developed to the
Leader of the Opposition party occupied same extent as in the USA or the Western
a prominent place in all democratic forms countries like Britain, France, Germany
of the government. He enjoys the rank of and so on.
a Cabinet Minister. He opposes the wrong
policies of the ruling party, which affects
the general public. As the Chairman of the
Public Accounts Committee questions the
functioning of the government departments
and examines the public money used for
the well-being of the people. Similarly,
he plays an important role to select the
Chairman and members of the Central
Vigilance Commission, Chairperson and
members of the Information Commission.
The Opposition Parties reflect genuine The pressure groups in
demands and concern of the people to play a India can be broadly
constructive role in a democracy. classified into the
following categories:
3. Pressure Groups 1. Business groups
2. Trade unions
The term ‘pressure group’ originated in
3. Agrarian groups
the USA. A pressure group is a group of
4. Professional associations
people who are organised actively for
promoting and defending their common 5. Student organisations
interest. It is so called as it attempts to 6. Religious organisations
bring a change in the public policy by 7. Tribal organisations
exerting pressure on the government. 8. Linguistic groups
The pressure groups are also called 9. Ideology-based groups
‘interest groups’ or vested groups. They 10. Environmental protection groups
are different from the political parties in
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government policy and using high-profile

academics, scientists and even celebrities
to get their views across, with an emphasis
Examples for Pressure Groups to cultivate expert authority.
1. Federation of Indian Chamber of
Commerce and Industry (FICCI) 3.1.1.3 Policy Formulation
2. All India Trade Union Congress Though the pressure groups themselves are
(AITUC) not policy-makers, yet it does not prevent
3. All India Kisan Sabha many of them from participating in the
4. Indian Medical Association (IMA) policy-making process. Many pressure
5. All India Students Federation (AISF) groups are vital sources of information
and render advice to the government and
6. All India Sikh Students Federation
therefore they are regularly consulted in
7. Young Badaga Association the process of policy formulation.
8. Tamil Sangam
9. Tamil Nadu Vivasayigal Sangam
10. Narmada Bachao Andolan
4 Mobilisation and
People’s Participation
3.1.1 F
unctions of Pressure Groups in
India
4.1 Mobilisation
Mobilising people towards socially
Pressure groups are the interest groups
productive activities that lead to the overall
that work to secure certain interest by
betterment of people’s lives is essential.
influencing the public policy. They are Sometimes earthquakes, tsunamis, floods
non-aligned with any political party and other such natural disasters on a
and work as an indirect yet powerful massive scale occur and people’s immediate
group to influence the policy decisions. mobilisation for evacuation and emergency
Pressure groups carry out a range of relief becomes most essential.
functions including representation,
political participation, education, policy 4.2 Democratic Participation
formulation and policy implementation.
Democracy can succeed only when smaller
3.1.1.1 Political Participation local groups and, in fact, every citizen
can take action that supports the tax and
Pressure groups can be called the informal face revenue collection systems, observance of
of politics. They exert influence precisely by national norms in environmental protection,
mobilising popular support through activities cleanliness, health and hygiene, sanitary
such as petitions, marches, demonstrations drives and immunisation programmes like
and other forms of political protest. Such pulse polio.
forms of political participation have been However, we must keep ion mind
particularly attractive to young people. that there is no better form of government
than Democratic government. To create a
3.1.1.2 Education better society and nation, the people of India
Many pressure groups devote significant along with the union and state governments
resources by carrying out research, should come together to fight against the
maintaining websites, commenting on miseries of human life.
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Recap Political parties in India are classified

The Prime Minister is elected by
into two types: (1) National Parties,
(2)State Parties.
members of the Lok Sabha.
In 2017, there were seven recognised
There are two types of elections: direct national parties.
and indirect elections. The term ‘pressure group’ originated
A political party has three components: a in the USA.
leader, active members and the followers. A large number of pressure groups
exist in India.
GLOSSARY
1. Legislature – the legislative body of a country or state.
2. Constituency – a group of votes in a specified area who elect a representative to a
legislative body.
3. NOTA– the people in a democratic country are not willing to elect any candidate;
they can vote for the option called NOTA (None Of The Above).
4. Pressure groups – a group of people who are organised actively for promoting and
defending their common interest.
EXERCISE
I. Choose the correct answer: (c) Article 324

1. India has adapted the electoral (d) Article 325
system followed in the 4. Which part of the constitution
(a) USA of India says about the election
(b) United Kingdom commission?
(c) Canada (a) Part III
(d) Russia (b) Part XV
(c) Part XX
2. The Election Commission of India is
a / an (d) Part XXII
(a) Independent body 5. Who accords recognition to various
(b) Statutory body political parties as national or regional
parties?
(c) Private body
(a) The President
(d) Public corporation
(b) The Election Commission
3. Which Article of the Constitution
(c) The Parliament
provides for an Election Commission?
(a) Article 280 (d)
The President in consultation
(b) Article 315 with the Election Commission
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6. Assertion (A) : Indian Constitution III. Match the following:

provides for an independent Election 1. National - a. Trade
Commission party unions
Reason (R): To ensure free and fair 2. Single-party system - b. USA
elections in the country. 3. Two-party system - c. China
(a) B oth (A) and (R) are true and (R) 4. Pressure groups - d. Seven
explains (A)
(b) B oth (A) and (R) are true and (R) IV. Give short answers:
does not explain (A)
(c) (A) is correct and (R) is false 1. Explain the electoral system in
(d) (A) is false and (R) is true India.
2. Give the meaning of a political party.
7. NOTA was introduced in the year
3. Distinguish between two-party
(a) 2012 (b) 2013
system and the multi-party system.
(c) 2014 (d) 2015
4. What is a pressure group?
8. The term pressure groups originated
in _____. V. Answer in detail:
(a) USA (b) UK 1. Discuss merits and demerits of direct
(c) USSR (d) India elections?
9. Assertion (A): A large number of 2. What are the functions of political
pressure groups exist in India. parties?
Reason (R): Pressure Groups are not 3. What are the function of Pressure
developed in India to the same extent groups in India?
as in the USA
VI. Project and Activity
(a) B oth (A) and (R) are true and (R)
explains (A) 1. Compare the policies, programmes
(b) B oth (A) and (R) are true and (R) and achievements of a national party
does not explain (A) and a state party.
(c) (A) is correct and (R) is false
(d) (A) is false and (R) is true VII. HOTS
1. “Elections are considered essential
II. Fill in the blanks: for any representative democracy”.
Why?
1. The Election Commission of India is
2. What is the principle of universal
a body of _______members. adult franchise? What is its
2. National Voters day has been importance?
celebrated on_________. 3. Discuss merits and demerits of
3. In India _______ party system is democracy.
followed. 4. Discuss the multi-party system.
4. In 2017, there were _________
recognised national parties. VIII. Life Skill
5. Narmada Bachao Andolan is a
1. Conduct a mock poll in your classroom.
___________.
INTERNET RESOURCES
eci.nic.in (The Election Commission of India)
https://en.wikipedia.org/wiki/List_of_political_parties_in_India
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UNIT
12 Local Governments
Learning Objectives
 This chapter provides insights in to the local governments in

India and as well as in Tamil Nadu state.
 It also provides the significance of local self government today
 This chapter would explain the scope of the Local Self government in the lives of
the people today.
 This chapter would throws light on historical development and the major
changes that have been made in powers and functions of local government since
independence.
 Students would learn the structure, functions,
elections, sources of revenue and issues in the rural
and urban local governments in India.
12.1 Meaning, Nature and Importance birth or death of persons in the village
of Local Government or town. The local governments are the
Local Government means, the institutions, which issues certificates
government which manages services and of proof of residence, birth, death and
amenities in our villages, towns and cities incomes etc to the residents in that area.
with focus on local problems. The local In total, the local governments are the
governments normally functions within institutions which are responsible for
a specified limited territory of a village, a all such local needs of the people. They
town, a city and also a large metropolitan are the lowest unit of administration
city. The local governments function in the administrative structure of the
as the basic link between the people in government. The local government has
a village or town with the government. council, which is normally elected by the
As and when people have problems people of the village or town concerned,
such as road repairs, water stagnation which is responsible for the representing
in the streets, non functioning of street the problems of the citizens in the council
lights and construction of small water and find solutions to the problems. The
bodies recreation parks, etc. The local council representatives are elected once in
governments have the responsibility five years, or four years, depending upon
to attend to any emergency situations, the law in operation in the country.
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11th Std Political Science Eng Medium Vol-2_Chapter 12.indd 112 12-09-2018 19:37:59
The local governments are Athilakshmi and
representative institutions, representating Bala are travelling through
people in the council. There are legally CASE STUDY Sivakasi (Virudhunagar
mandated to discuss and give solutions district) in a share auto. As they go round
to the problems of the people of that area the town, they observe the following
and also represent the problem to the problems :
higher levels of the government such as
state. Since the local governments are 1. Water scarcity
established on the basis of democratic 2. Heavily damaged interior roads
process, all the problems discussed by the 3. Poor maintenance of water bodies
council of the local governments should 4. Poor implementation of rain water
go through the process of discussion, harvesting system
debate and deliberations and unanimously 5. Lack of sanitation facilities
accepted by the council. The members of
the council are given freedom to discuss You have seen the five problems
and also to take decisions at same time illustrated above. Based on these, what
within the framework of the fundamental impression do you get about your town
law of the land called Constitution. or city or village?
The importance of the local Write a paragraph describing the

government lies in the nature of public facilities available in your area
the problems handled by the local (not more than 200 words).
governments, which are basically “local”
in nature and also the variety of problems Therefore, local governments are
attended by the local government the institutions created for the purposes
cannot be attended by the higher levels of solving the local issues and addressing
of the government like state or central the local level problems. The local
governments. Because the local problems governments normally consist of elected
are specific to the local areas and the representatives drawn from the local
solutions found for those problems should population representing the local people
also be relevant to the situation. An and they represent the local issues in the
irrelevant solution to the problems may council and try to find solutions to the
hamper the situation and also it is also problems. The local governments are the
concerned with the spending of the taxes important channel of flow of resources and
collected from the people. If solutions programmes to the people at the lowest
are irrelevant to the local problems, the levels normally called “grassroots” level.
resources used for that programme may No country today afford to ignore local
by wasted and it gives more burden on the governments because of the fact that local
people again. issues at present becomes global issues.
With development of Information and
communication Technology (ICT), the
whole world have become global village.
113
12.2 Classification of local government
institutions DEBATE
Local governments are classified as  Critically think the need for local
Rural and Urban based local governments. government both in rural and
The Rural and Urban divide is made urban areas in India.
based on the nature of the occupation
of the residents viz; agriculture based or  Critically view the responsibilities
non-agriculture based occupations. The of the citizens towards the local
agriculture based occupation means that governments in India.
almost or most of the residents of an area are
engaged in agriculture related occupation In India, the rural local governments
and the nature of the functions normally have given general name “Panchayati Raj”
would be farming, dairying, poultry, and which means the system of Panchayat
other similar types of activities. Whereas, institutions, that is, the institutions
in urban areas the citizens would engaged which does the panchayat, (deliberate,
in industrial, trade and business and other discuss, and deliberate). The Urban local
activities. governments in India are classified in to
various types depending upon the political
The urban areas are the places and economic basis of the formation of
where the people’s livelihood is based on the urban local governments such as,
occupations in industry, trade, commercial Municipal Corporations, Townships, Area
institutions and administration like Planning Committees and Cantonment
government offices and private company Boards. For example, in India the
offices. The urban areas are the link urban local governments are classified
between the outside world to the local into various types such, Municipal
villages. The local governments formed Corporations in metropolitan cities,
in rural and urban areas are called rural Municipalities in small towns, Townships
local governments and urban local in industrial towns, Cantonment Boards
governments respectively. in military establishments.
Types of Urban Local bodies

Local Government
 Municipal Corporations
 Municipalities
Urban Rural  Municipal Townships
 Town Panchayats
 Cantonment Boards
114
machinery for providing amenities and
ACTIVITY
services to the metropolitan population.
The students group themselves
The increase in the number of the
into two or three groups and discuss
population in metropolitan cities due
about some local issues such as out-
to migration of people from rural and
break of a disease in the area or breach
other small and medium towns and other
of water bodies due to heavy rains, or
metropolitan areas over the years make
education to illiterate adults in the lo-
these cities mega polis.
cal body area or ward areas.
The Municipalities are established
The Municipal Corporations are in small and medium cities and town
established in metropolitan cities with with population of less that 1 million.
population with 1 million plus cities, The Municipalities too are reclassified as
which are large and need an elaborate Class I, Class –II etc., depending upon
ACTIVITY
"Corporate cleanliness can only be ensured if there is a corporate
conscience and a corporate insistence on cleanliness in public places"
Today on 2nd October, we pay homage to the father of our National

and work towards his vision of providing basic sanitation facilities to
the poor.
Towards Total Sanitation

 Revised Guidelines of Integrated Low Cost Sanitation (ILCS) Scheme with the
goal of eradication of manual scavenging by 2010 and increased subsidy for urban
proof for conversation of dry latrines to water sealed systems.
 Basic servces (Water, Sanitation, Sewerage, Electricity, Health, Social Security,
Affordable House) in all slums under Jawaharlal nehru National Urban Renewal
Mission (Basic Services to the urban Poor and integrated Housing and Slum
Development Programme) and Propased Rajiv Awards Yojana(RAY) with
individual water sealed toilets in each home.
 Emphasis on upgrading sewage, sanitation and soild waste management under
JNNURM (Urban Infrastrcture & Governance and Urban Infrastructure
Development Scheme for Small & Medium Towns).
 Total Sanitation Policy announced by Government.
115
the number of the population and also
ACTIVITY
range of the revenue collection. The
grades of the Municipalities are reviewed Find out the various kinds of taxes
periodically by the higher levels of the (property tax, water tax, drainage tax
governments to facilitate the classification etc.,) people pay to the government by
of the municipalities. talking to a salaried person, a person
running own factory or business and a
The Townships and the Notified
shopkeeper. Share your findings in the
Area Committees are emerging urban
classroom.
areas, where the new industries are
established, the changing occupations 12.3 Local Government around the
of the residents of that area from farm world
employment to non-farm employment.
Local Governments are as old
The Cantonment Boards are as that of human civilization and in
established in military establishments, many countries around the world local
where the defense establishments such as governments are the foundation upon
Training institutes for defense personnel, which the modern state is established.
defense industry etc. Both the Rural and A preliminary reading about the Local
Urban local governments are lowest tier Governments in various countries of
in the government hierarchy. the world show us that large or small,
developed or under developed, some
ACTIVITY form of Local governments exist to deliver
amenities and services at local level.
Do you think the distribution of
pubic facilities such as water, electricity, However they differ widely in their
roads, public transport, sanitation, etc., structure, powers, functional domain,
in your district or area is adequate and fiscal resources etc. In many of the
fair? Give an example of your own to European countries there has been efforts
explain. on the part of the government to
decentralize the powers and functions,
In various countries of the world, which were otherwise centralized. The
rural and urban local governments are question of devolution of finances, the
organized differently. However, the jurisdictional issues in policing, transport
basis and principles of which local and inter-state commerce are some of the
governments are being established are pending and irritants in the case of the
almost same. Local governments are developed countries. Whereas in the
being established for the local people developing countries, there is more and
with revenue predominantly derived from more attempt on the part of the central or
local resources. The upper layer of the federal governments to centralize the
governments normally does the function powers and financial resources. In India
of supervision and monitoring the local the constant pressure is being exerted on
bodies
116
ACTIVITY
the central government for more
Design a poster
devolution of administrative and financial
Water bodies in your village powers to state as well as local governments.
or town or city often hear the brunt
of carelessness, with several lakes, 12.4 Origin and development of Local
ponds or rivers filled with plastic Governments in India
trash becoming the dump yards and
sewer drains. Our country is fast In tracing the origin and development
losing critical habitats. To reclaim lost of local governments in India, one finds
habitats and to ensure protection of the evidences of the existence of local
what is left, you organize an awareness governments even before the times of
programme aimed at cleaning major Christ (BCE). The period between 600
portion of the lakes or pond or beach BCE to C.E. 600 witnessed the rise and
to ensure a garbage free natural fall of republics. During this period, there
environment for all life forms. emerged Mahavira (founder of Jainism)
What can you do? and Buddha (founder of Buddhism).
 You design a poster with catch Villages were classified according to
phrase and invite people from size and mode of habitation in Jain and
differ\rent walks of life to Buddhists literature.
eliminate trash from water bodies.
The religious orders founded by
 Catch phrase: “Remove trash, Buddha and Mahavira observed highly
Secure the water bodies.” democratic procedures in arriving
 Remember, any effort you make is at decisions. Kautilya’s Arthshastra
helpful for the future. (Treatise)gives a comprehensive account
ACTIVITY
Take some of the public facilities in your area such as water, electricity, drainage,
sanitation, etc., Is there any scope to improve these? What in your opinion should be
done? Complete the table.
Facilities Is it available? How can it be improved?
Water
Drainage
Sanitation
Electricity
Road
Public Transport system
117
of the system of village administration In general there is little information
prevailing in his time In the days of on the functioning of any village
Maurya the village and the district were assemblies prior to the 9 century. Both
th
units of administration. “nadu” and “Nagaram” were concerned

about the control and regulation of land
In the South Indian peninsula, holdings, management of irrigation works,
the existence of the local self governing temples, collection and remission of taxes,
institutions could be traced well before floating of loans for capital works and the
the period of the Christian calender. The management of charitable institutions.
historical period can be grouped in to The “ur” and the “mahasabha” were the
early Chola period, Kalabira period, and two institutions that assisted the officers
the later Chola period, the emergence of in executing the orders of the king.
Vijayanagara empire, entry of Muslims
and Moghuls and the British. There were It has been found that Raja Raja
very little evidence available about the Chola, the First, ordered the “mahasabha”
system of local governance in the early of the Viranarayana Chaturvedi Mangalam
Chola Period(which dates back to Before to confiscate the property of traitors.
Christ) and the Kalabira Period. Many historians such as Sir Charles
Metcalfe, Sir George Bird wood and
But there were some account of Eliphinstone opined that a strong system
existence of local governments during the of local government existed in Ancient
times of Pandyas (rulers of deep south and medieval South India. But doubts
India) and the Pallavas (rulers of mid are expressed by some of the historians
south india). But Cholas (rulers who ruled about the elaborate existence of the local
mid Tamil country) period witnessed a self government in ancient and medieval
well developed local self governments. South India.
The inscriptions of Paranthaka Chola – During the Moghul period A.D
I(919.C.E. – 922.C.E) from Utthiramerur (C.E.)1500 to A.D (C.E.)1777), the
in Kanchipuram district of Tamilnadu fundamental principles of central local
state, give detailed account of local self relationships hardly changed with change
government. They inform that each of kingdoms. When the Mughal Empire
village had an assembly consisting of was at its zenith of glory, it was divided
all adult males and their involvement in into provinces (Subhas), and Provinces
general matters. These assemblies are of into sub divisions (Sarkars), and Sakars
two types, the “Ur” and the Mahasabha”. into union of villages (Paraganas). At
The third kind was the nagaram (town) each level the government is organized
confined to mercantile towns(trading and the officials were appointed by the
centers) and the fourth was the “nadu”. Emperor. In the Twilight of the Mughul
Hence two types of institutions were Empire, the self governing institutions in
mentioned one nadu (village and other rural areas had been severely damaged at
areas) and nagaram (urban centers). vital points, but they had withstood the
onslaughts with remarkable tactics.
118
After the Battle of Plassey in A.D commission to enquire into the question
(C.E.) 1757, the British East India Company of administrative and financial relations
derived land taxing rights (Diwani rights) between the Government of India,
from Bengal ruler (Nawab), which was the Provincial governments and subordinate
first step in the ascendency of the British authorities under them so as to simplify
rule in India. The rural and the other urban and improve the prevalent system through
trading centers during the British East devolution or otherwise. With the passing
India company rule, was not under any of Government of India Act, 1919, the
control or supervision, except the three local governments were entrusted with
Presidency towns of Calcutta, Bombay the elected elements of the provincial
and Madras. The District administration government under the diarchy system of
under the charge of the district collector government.
was the king pin in the British control
over vast rural areas. The number of the village bodies in
Tamilnadu increased from 1417 in 1926 to
The important mile stone during the 6250 in 1937. There are three tier system
company rule was the establishment of the of rural local bodies viz; District Boards,
Municipal Corporations , as mentioned Taluk Boards, and Village Boards. The
earlier at Calcutta (Kolkata), Bombay District and Taluk boards have undergone
(Mumbai) and Madras (Chennai). changes by 1923, the non-official
Viceroy Lord Rippon in 1882 brought chairman in all provinces replaced
out a resolution, proposing a smaller unit official chairman. In Tamilnadu, most of
for constituting rural local boards, a sub the District Boards came to be dominated
division, tehsil (taluk) and district boards by Justice Party members, which stood
to supervise. at 545 in 1927. From 1937 upto 1947,
the rural local authorities faced many
Lord Rippon’s resolution emphasized challenges including the national freedom
that the institutions he proposed should movement.
have a majority of non-officials who
should be elected wherever it was feasible. After Indian Independence in 1947,
Nearly 500 rural boards were created with an attempt was made to revive local
a two third majority of non officials who governments in India. Mahatma Gandhi
depended upon the district magistrate argued for the decentralized administrative
(district collector) for the favour of system in India entrusting responsibility
nomination. The main activities of the of governance with the village panchayats
district boards till 1909 were police, public (self sufficient Gram Swaraj). Shrima
works, education and village sanitation. Naryan with blessings of Gandhiji
published a blue print of the Gandhian
The rural local government Constitution for Free India wherein
introduced by Lord Rippon faced many panchayats are the basic institutions for
criticisms and in the A.D (C.E.) 1907, organizing social, economic and political
the British government appointed a activities of the citizens. In addition to the
119
providing technical services, supply and
credit. This programme was extended to
Diarchy
most of the blocks as National Extensions
The diarchy system entries that Service aimed at transferring scientific
the subjects of the administration had and technical knowledge to agricultural,
been divided into reserved subjects animal husbandry and rural craft sectors.
and transferred subjects. The police, In 1956, under the Second Five Year Plan,
law and order, finance are the reserved (1956-1961), it was recommended that
subjects, which will be under the village panchayats should organically link
Governor and other subjects like with popular organizations at higher levels
education and other as mentioned and in stages, the popular body should
earlier will be entrusted to the elected take over the whole administration. In
representatives. 1957, Government of India appointed a
Committee on Plan Projects under the
civic, political and administrative roles, Chairmanship of Balwant Rai Mehta. The
the Panchayat was to play the economic Mehta Committee recommended two
role of organizing production and points namely, the administration should
distributing resources in such a way that be decentralized and the administration
the village communities became self should be placed under the control of
sufficient for meeting most of their basic local bodies.
needs.
Secondly, the community
Thus Article 40 came to be development blocks should be designed
incorporated in the Constitution, as part as administrative democratic units with
of the Directive Principles of the State an elected Panchayat Union to operate
policy (Part –IV) of the Constitution of as a fulcrum of developmental activity
India adopted on Nov. 26th 1949. The Art. in the area. It also recommended for
40. States that, “ the state shall take steps the formation of District Development
to organize village panchayats and endow Councils (Zila Parishad) at the district
them with such powers and authority level consisting of all the Presidents of the
as may be necessary to enable them to Panchayat Unions (Samities), Member
function as units of self government” of legislative assemblies and Members of
Parliament with district level officers of
In compliance with the provisions the public health, agriculture, veterinary
of the Directive Principles of the and education departments as members
State Policy, an ambitious rural sector and the collector as the chairman. The
initiative, the Community Development district body is only an advisory body. The
Programme was launched in 1952 with recommendation of the Mehta Committee
main focus of securing social- economic were generally welcomed and Panchayati
transformations of village through Raj legislations were enacted and by 1960s
people’s own democratic and cooperative about 90 per cent of the population were
organizations with the government covered by the Panchayati Raj bodies.
120
In 1977, the Government of exercises on this subject, government
India formed a committee under the drafted and introduced the 73rd and
chairmanship of Ashoka Mehta to go in to 74th Constitutional Amendment bills in
the working of the Panchayati Raj bodies Parliament in 1992 which was passed by
and suggest measures to strengthen it. It the Indian Parliament in 1993. The 73rd
recommended that Panchayati Raj should and 74th Constitutional Amendments
emerge as the system of democratic local introduced new parts IX and IXA in the
government, discharging developmental, Indian Constitution containing Articles
municipal and ultimate regulatory 243to 243 ZG.
functions. Hence the first recommendation
was to set up district Panchayat (Zilla 12.5 73rd Constitutional Amendment –
Parishad) as the directly elected body. As implementation and implications.
a temporary arrangement, the committee Article 243 B of the Constitution
recommended continuation of the which was inserted into the Constitution
Panchayat union at the block level. Not under the 73rd Constitutional Amendment,
as a unit of local self government but as a envisages that states and union territories
nominated middle level support arm for except those with population not
the District Development Council. The exceeding 20 lakhs, will have to constitute
Ashoka Mehta Committee submitted it's a three tier system of Panchayat ie, village,
report in 1978, which was well received and intermediate and district levels. While
led many states to introduce appropriate the district has been defined as a normal
amendments in their Panchayat Acts such district in state, the jurisdiction of village
Karnataka, Maharastra Andhra Pradesh, and intermediate levels have not been
West Bengal and Gujarat. specifically defined in the Act.
A number of committees were The territorial area of a village
formed between 1978 and 1986, to look Panchayat can be specified by a public
into various aspects of strengthening the notification by the Governor of the
local self government institutions, such state, and may consist of more than one
as, C.H.Hanumantha Rao Committee, village. Similarly, the intermediate level
G.V.K Rao Committee and L.M.Singhvi which can be a Taluk or Block is also to
Committee. Only minor changes were be specified by the Governor through a
suggested by these committees from the public notification in this regard. This
Ashok Mehta committee, The next land provides a certain amount of flexibility
mark was the introduction of 64th and to the States in constituting Panchayats at
65th Constitutional Amendment Bills, in the lower and middle levels.
July 1989 by Rajiv Gandhi government,
which could not be passed in the Council A new schedule, Eleventh Schedule
of States (Rajya Sabha). was inserted in to the Constitution of
India, which provided for obligatory and
After many attempts, in 1992, discretionary functions of the Panchayats
incorporating important features of earlier at three levels,
121
(a) The Village Level well as members of the Union and State
legislature in the Panchayats above the
(b) The District Panchayat at the district
village level.
level
(c) The Intermediate Panchayat which Hence, the new Amendment
stands between the village and district Act provided for participation of
Panchayats in the states where the Members of Parliament and Members of
population is above 20 lakhs Legislative Assemblies in the Panchayat
Union Councils and also in the District
All the seats in a Panchayat shall be Panchayats. The Amendment Act also
filled by persons by direct election from provided reservation of seats in the three
territorial constituencies in the Panchayat tiers for Scheduled Castes and Scheduled
area. The electorate is named as “Gram Tribes and not less than one third of the
sabha” consisting of persons registered total seats for women. The tenure of the
in the electoral rolls relating to a village Panchayats shall be five years.
comprised within the area of a Panchayat.
The law provides that any person
The Chairperson of each Panchayat who is eligible to be elected to the state
shall be elected according to the law legislature shall be qualified to be chosen
passed by a State and such State law shall as a member of a Panchayat. The
also provide for the representation of responsibilities of the Panchayats are
Chairpersons of Village and Intermediate clearly laid down in the Eleventh Schedule.
Panchayats in the District Panchayat, as (Box.1). Like the National Finance
122
Box-1 : Eleventh Schedule (Article 243 G)
Agriculture, including agricultural
 Non-conventional energy sources

extension Poverty alleviation programme

L and improvement, implementation
 Education including primary and

of land reforms, land consolidation secondary schools
and soil conservation Technical training and vocational

Minor irrigation water management
 education
and watershed development Adult and non – formal education

Animal Husbandry, dairying and
 Libraries

poultry Cultural activities

Fisheries
 Market and fairs

S ocial forestry and farm forestry
 Health and sanitation including

Minor forest produce
 hospitals, primary health centres
Small scale industries, including
 and dispensaries
food processing industries Family welfare

Khadi, village and cottage industries
 Women and child development

Rural housing
 S ocial welfare including welfare

Drinking water
 of the handicapped and mentally
Fuel and fodder
 retarded
Roads, culverts, bridges, ferries,
 Welfare of the weaker sections and

waterways and other means of in particular of the scheduled castes
communication and the scheduled tribes.
Rural electrification, including
 Public distribution system

distribution of electricity Maintenance of community assets.

commission, the Constitution Amendment be treated as “Government or state”, The

Act also provided for the State Finance Panchayats that have acquired substantial
commission for recommending the legitimacy are recognized as an instrument
formula for transfer of the financial aid to of the Government and have created
local governments from the states. participatory structure of grass roots
democracy for the rural people. Creation
of constitutional bodies like the State
Election Commissions and the State
There are around 2,50,000 village
Finance Commissions have also given
panchayats in India as per 2011Census
permanency and stability to these
institutions. However, most Panchayats
continue to be treated as agencies of the
Consequent to the 73rd
state for implementation of prescribed
Constitutional Amendment as well as the
schemes, even though essential services
Supreme court’s rulings which effectively
such as provision of drinking water, rural
mandate that local authorities are also to
123
sanitation, preventive health and primary 12.6 74th Constitutional Amendment
education are accepted as their legitimate Implementation and Implications
core functions. The structure of district
administration under the control of the Under the 74th Constitutional
Collector, characteristically by a command Amendment, the urban areas comprise
structure and lack of horizontal different types of municipal bodies
coordination at the grass roots level, has constituted with reference to character,
become somewhat anachronistic in the size and importance of different towns
modern democratic framework of out and cities. Municipal Corporations,
polity. In order to make local Municipal Committees, Notified Area
administration more responsive Committees, Town Area Committees, and
transparent and accountable to citizens Cantonment Boards are the usual types
there is a need to have a representative of municipal bodies and while the first
government not only in the Union and four types were created under the state
States but also at the District and Village municipal laws, the Cantonment Boards
levels with an equitable division of owed their origin to the Central Act called
functions among them. the Cantonments Act, 1924.
In most of the states, all these types

Panchayati Raj (1959 – 2009) of urban local bodies existed except
the Town Area Committees, which had
Golden Jubilee Year – on 2nd since been abolished and converted into
October 1959, Pt. Jawaharlal Nehru class – III Municipal Committees. Town
laid the foundation of Panchayati Area Committees were semi municipal
Raj in Nagaur, Rajasthan; the most committees constituted for small towns
revolutionary step in the context by a separate act of the state legislative
of governance of rural India. The assembly.
journey which commenced with
the commitment of comprehensive After passing the Constitution
development of villages and to put (74th
Amendment) Act, 1992, the
power in the hands of people. Government of India notified the
Amendment in June 1993. The Act of 1992
provided for a period of one year from
Three tier Panchayati Raj system the date of its commencement, the states
under 73rd Constitutional were required to change amend or modify
Amendment(1993)
 D
istrict Panchayats
(Elected and nominated) The Grama Sabha meetings are
 P
anchayat Union Councils (Elected) held four times in a year ie. January,
 Village Panchayats (Elected) 26 (Republic Day), May, 01 (May Day)
 G
ram Sabha (All Voters in a village) August, 15 (Independence Day) and
(Advisory Body) October, 02 (Gandhi Jayanthi).
124
there legislations in order to incorporate comprising transitional area or any part
the Central Amendment. Various states of thereof, and two members nominated
and union territories have enacted by the state government from amongst
legislations for the governance of the persons having special knowledge or
urban local bodies in their respective experience in municipal administration.
jurisdictions. For example, the Punjab The nominated members shall not have
government enacted the Punjab Municipal the right to vote in the Town panchayat
Bill, 1998 to replace the Punjab Municipal meetings. The term of a Town Panchayat
Act, 1911. shall be 5 years.
A three tier structure of urban
The government shall divide a
local bodies were proposed in the
transitional area (town panchayat area) in
74th Constitutional Amendment act
to a number of territorial constituencies
namely, Nagar Panchayat or Town
known as wards and each ward shall
Panchayat, Municipalities and Municipal
elect only one member. Out of the total
Corporations. We shall discuss briefly
number of seats in Town Panchayat to be
the details of the above three urban
filled by direct election, seats are reserved
local bodies established under the 74th
for Scheduled Castes (SC) and Scheduled
Constitutional Amendment Act.
Tribes (ST) in the same proportion of the
Nagar Panchayat or Town Panchayat population of SCs and STs to the total
population of that town panchayat area. In
A Nagar Panchayat or Town addition, one third of the total number of
Panchayat is constituted for a transitional seats of that area are reserved for women,
area, ie. , an area in transition from a rural including the seats reserved for SCs and
area to an urban area. The population of STs. The town panchayat members shall
such an area is 5000 or more but less than be elected from amongst its members,
15,000 and the revenue generated from One President and one Vice President
tax and sources exceeds such amount per in a meeting convened by the Deputy
capita per annum as many be specified by commissioner. Every Town Panchayat
the government from time to time. Every shall perform obligatory functions such
Nagar Panchayat is a body corporate and as water supply, drainage, clearing the
has a perpetual succession and a common streets etc. Every town panchayat shall
seal with power to acquire and hold, or have an executive officer appointed by the
dispose of properties and may sue and state government
sued.
Municipal Council
A Town panchayat shall consist of
such number of elected members not A Municipal Council or municipality is
less than 9 or not more than 15, as the constituted for a small urban area with a
state government may determine by population of 15,000 or more but is less
rules. The members of the legislative than 3 lakhs and the revenue generated
assembly representing the constituencies from the tax and other sources exceeds
125
such amount per capita per annum as President and Vice-President. As that of
may be specified by state government Town Panchayats, seats are reserved for the
from time to time. SCs and STs according to the proportion
of the population of SCs and STs to the
Municipality Grade Population total population of the municipal area. In
addition, 30 per cent of total seats are
Class A 1 Lakh or more
reserved for women including the SCs and
50,000 –
Class –B STs seats.
less than one lakh
Class – C Less than 50,000 The 74th Amendment provide
A Municipal Council or Municipality the constitution of ward committees
for example in Class-A, not less than 20 consisting of one or more wards within
and not more that 50 elected members; the territorial area of a Municipality,
Class-B 15-30, and Class-C, 10-15. The having a population of 3 lakhs or more. A
members of State Legislative Assembly member of a Municipality representing a
representing the constituencies lying ward with in the territorial area of the ward
within the municipal area are “Ex-Officio” committee shall be a member of the ward
members of the Municipal Council. Not committee. The Standing Committees
more than 3 members are nominated by shall be constituted for each Municipality
the state government. The nominated consisting of the President, senior Vice-
members do not have the right to vote in President, and Vice president and 4 other
the elections of the chairpersons and vice members in the case of Class- A, 2 in the
chairpersons. The members are elected case of Class-B from among the elected
through secret ballot. members for a period of 2 and half years.
The term of office of Municipality is five
The whole municipal area is years. The elected municipality can be
divided into wards, as per the number dissolved if it is not performing as per
of councilors to be elected , say 15 or 30 the provisions of law.
or 10 . The electoral rolls of the legislative
assembly in relation to municipal area The Municipal Council meets
are generally taken as the voters list. The at least once in a month, presided over
candidates contesting in the elections by the President or in his/her absence
are allotted symbols. The symbols of the Vice- President. The Municipal Council
recognized political parties are allotted with the increasing load of work, elects
only to the candidates sponsored or subcommittees comprising councillors
adopted by the them. from amongst itself to study a problem
in depth and make recommendation for
The Deputy Commissioner has to its solution. The sub committees are of
call the meeting of the elected members two types statutory committees and, non-
within 14 days of the notification of the statutory committees. Municipal bodies
election results to administer the Oath also appoint special sub committees for
of office and to hold the election of the certain specific purposes and follow the
126
same procedure for their election as it municipal staff, and bringing to the notice of
adopts the constitution of standing sub the appropriate administrative head or to raise
committees. the matter in the council meetings. The powers
and responsibilities of municipalities are
A Municipal Council elects enshrined in the Twelfth Schedule of the
its President from amongst members Constitution. (See Box-2)
within one month of the constitution
of Municipal Council. The Municipal ACTIVITY
Council is constituted after elections
are held. The President is elected for a Examine why local governments
period of 5 years. The Municipal Council have been entrusted with the very
also elects one or two Vice- Presidents. important responsibilities provided
The Presidents of the municipalities in in the 11th and 12th Schedule of the
various states draw monthly salary in Constitution.
addition to travelling allowance . The
President convenes and presides over The 74th Constitutional Amendment
the meeting of the Municipal Council. He provided the constitution of committee
/ She is empowered to take disciplinary for district planning, to prepare a draft
action against offending councilors. The development plan for the district as a
President is the chief spokesperson of the whole. The Committee shall consolidate
Municipal Council and represents it at the plans prepared by the panchayats
official functions and also with regard to and municipalities in the district. The
correspondence with the government. composition of the District Planning
Committee as provided in the Act of 1992,
The state government in every consists of that not less than 4/5th of the
municipality appoints an Executive total members of the committee. They
Officer. The Executive Officer is the shall be elected by and from amongst the
principal executive authority and all elected members of the Panchayats at the
municipal staff is sub-ordinate to him/ district level and of the municipalities
her. He/ She is the important officer to in the district, in proportion to the ratio
execute, supervise monitor and report between the population of the rural areas
the activities of the Municipalities to and of the urban areas in the district.
the council. The Municipal Council is
the governing body of the Municipality, The Municipalities have been
responsible for Municipal Administration. provided with the power to raise revenue
It makes by laws the governing place and for discharging its duties and performing
time of council meetings, the manner of its functions such as the taxes, duties and
giving notices, the conduct of meetings. fees which could be levied and collected
by the Municipalities (For example: tax
The councilors are expected to keep on lands and buildings, scavenging tax
themselves in touch with the citizens and on octroi, a tax on advertisements, a fire
enquire about their grievances against tax, toll on roads and bridges etc) the 74th
127
Box No-2 : Twelfth Schedule of the constitution: Powers and
Responsibilities of Municipalities
Subject
Urban Planning including

 town Slum improvement and up gradation

planning
Urban poverty alleviation

Regulation of land use
 and
Provision of urban amenities and

construction of buildings
facilities such as parks, gardens and
Planning for economic and social
 play grounds
development
Promotion of cultural, educational

Roads and Bridges
 and aesthetic aspects
Water supply for domestic purposes,
 Burials and burial grounds,

cremations, cremation grounds and
Public
 Health, sanitation
electric crematoriums
conservancy, and solid waste
management Cattle ponds, prevention of cruelty

to animals
Fire services

Vital statistics including registration

Urban forestry, protection of the

of births and deaths
environment, and promotion of
ecological aspects Public amenities including street

lighting , parking, bus stops and
Safeguarding the interests of weaker

public conveniences
sections of society, including the
handicapped and mentally retarded Regulation of slaughter houses and

tanneries
Amendment Act made it obligatory for (ii) Allocation of share of such proceeds
the state governments to Constitute State between the municipalities at all
Finance Commission within one year levels in the states;
from the commencement of Act. (iii)
Determination of taxes, duties
The State Finance Commission shall make tolls and fees to be assigned or
recommendations regarding: appropriated by the municipalities;
(i)
Distribution between the state (iv) G
rants-in-aid to fund the state;
government and municipalities of (v)
Measures needed to improve
the net proceeds of taxes, duties, the financial position of the
tolls and fees to be assigned or municipalities.
appropriated by the state;
128
However in practice, the principle of management of local affairs
Municipalities in our country undertake by the representatives of the people of
only such functions which have been the city concerned, who are to be elected
specifically assigned to them by respective periodically on the basis of universal
state legislative enactments. This adult franchise with reservation of seats
restrictive approach to municipal for SCs and STs in proportion to their
functions no longer and holds good in the population and also for women. The
changed political context and needs of the Municipal Corporation is marked by
country. There has been increasing statutory separation of deliberative and
tendency on the part of the state executive wings.
government to take over more and more
local functions either directly or by The Corporation Council and
creating special purpose agencies. the Standing Committees Constituted
the deliberative wing and the executive
ACTIVITY wing. The Council, consisting of elected
representatives and a few nominated
Imagine a city’s commercial area. members, is responsible for the exercise
The footpaths on either side of the road of legislative powers. The Standing
have trees, vendors, junction boxes, Committees function as an auxiliary
electricity poles and parked vehicles of the Corporations. All the matters to
too. With the lack of space, people walk be passed by the council pass through
on the road instead of the foot path. it after it considers the proposals
Can you give suggestions to local self- and recommendation made by the
government institutions/ corporation Municipal Commissioner. The Municipal
to make public facilities accessible to all Commissioner is the chief executive and
in not more than 200 words. implementing the decisions taken by the
council.
Municipal Corporations
Municipal Corporations in India
The Municipal Corporations are generally structured on the pattern of
constitute the highest or the top most Bombay Municipal Corporation. The
form of urban local government in India. tenure of the Municipal Corporation is 5
They are created for big cities by the years. The 74th Amendment provides
enactments of the State Legislatures or wards committees, which shall be
of the Parliament in the case of Union considered for one or more wards within
Territory. The various categories of the the territorial areas of the Corporation.
cities are determined by its population, The chairperson shall be elected for one
area or revenues. Municipal Corporations year and shall be eligible for re - election.
in the early period were established in A ward committee supervises provision
three Presidency towns viz; Bombay, of water supply, pipes and sewage,
Madras and Calcutta. A Municipal drainage connections to premises
Corporation is based on the democratic removal of accumulated water on streets
129
or public places due to rain or other, from amongst the members. The Mayor
collection and removal of solid waste, shall be the chairperson of the Standing
provision of health immunization, services Committee. The Municipal Corporation
for the civic services in slum and lighting, also constitutes committees to deal with
repair of roads, maintenance parks drains subject matters such as water supply,
and etc.,. sewage etc.,. Each subject committee
shall consist of not less than three and not
A Municipal Corporation shall have more than five members.
a Standing Committee constituted by it,
consisting of Mayor, the senior deputy The term of the subject committees
Mayor and other councilors elected is one year. The Municipal Corporations
by the councilors of the Corporation have been provided with financial
resources to carry out its duties assigned
ACTIVITY
Pune Tops In Urban Governance, Bengaluru Worst, Finds Survey

Top Five Cities
Top Five Cities Ranking Bottom Five Cities Ranking

Pune 5.1 Chennai 3.3
Kolkata 4.6 Patna 3.3
Thiruvanathapuram 4.6 Dehradun 3.1
Bhubaneswar 4.6 Chandigarh 3.1
Surat 4.5 Bengaluru 3.0
Ranking of cities out of 10
Cities Face Five Systemic Challenges
A. Lack of modern contemporary framework of spatial planning of Cities and
design standards for public utilities such as roads, footpaths, bus stops and other
underground utilities.
B. Weak finances, both in terms of financial sustainability and Financial accountability
of cities.
C. Poor Human Resource Management, in terms of number of staff, Skills and
competencies of staff, organization design among others.
D. Powerless mayors and city councils and severe fragmentation of Governance across
municipalities, parastatal agencies and state departments.
E. Total absence of platforms for systematic citizen participation and lack of
transparency in finances and operations of cities.
Source : Annual Survey of India’s City Systems (ASICS)
Courtesy : The New Indian Express, 15.3.2018.
130
to it by the 74th Amendment. A list of 18 can be extended by the state government.
functions to be performed by Municipal He/she is one of the statutory municipal
Corporations has been given in the 12th authorities to carry out the provisions of
Schedule of the Constitution. Like the 73rd the Corporation Act.
Amendment Act, the 74th Amendment Act
12.7 The case of Tamilnadu
also provided for a committee planning
metropolitan area. The Tamilnadu State Election
Commission established under the 73rd
The Committee consists of not less
and 74th Constitutional Amendments,
than 2/3rd of the members who shall be
gives a brief account of the status of local
elected by and from the elected members
government in the state of Tamilnadu.
of the Municipalities and chairpersons of
the panchayats in the metropolitan area As stated by the Tamilnadu State
in proportion to the ratio between the Election Commission, under the 73rd
population of Municipalities and of the Constitutional Amendment Act (Rural
Panchayats in that area. Local Bodies) the government of
Tamilnadu as a constitutional obligation
All Municipal Corporations are
has taken into account important points
provided with the office of the Mayor
including: formation of Gram Sabha in
and Deputy Mayor. Mayor in some states
every village with powers of general
are directly elected by all the voters with
supervision over the elected village
in the metro city. In some states, Mayor
Panchayat and the power to grant approval
is elected from amongst the elected
to the annual plans of the Panchayats;
councilors. The Mayor presides over
formation of three tier Panchayats i.e.,
council meetings, guide its deliberations
District Panchayats, Panchayat Unions
to maintain decorum and exclude any
and Village Panchayats made obligatory;
objectionable portion from the record
reservation of seats for weaker sections of
of the proceedings of the council. He/
society like SCs, STs and Women; powers
She is also empowered to expel and even
to impose taxes and provision for grants ,
suspend members for gross misconduct
assignments etc., from government funds
or disorderly behaviour. In case of a tie
through constitution of a State Finance
he/she exercises his /her casting vote.
Commission.
The Municipal Commissioner
is the chief executive officer of the ACTIVITY
Corporation. Normally the commissioner
is being appointed from officers in I.A.S Students are divide into, as many
(Indian Administrative Service) cadre. groups as needed to visit nearby
The commissioner’s appointment vested local body office for understanding
in the state government, has been a the problems of the local bodies.
subject of great controversy. The term of
the commissioner is three years, which
131
Urban Local Governments
The State of Tamilnadu has 12,564
As far as urban local bodies are
village panchayats, 388 panchayat
concerned, the 74th Constitutional
unions and 31 district panchayats.
Amendment Act, paved the way for
setting up urban local bodies in various
Under the 74th Constitutional states. Elections were held to the rural and
Amendment Act, devolution of more urban local bodies in Tamilnadu in 1996,
functions and taxing powers; revenue 2001, 2006 and 2011.
sharing with state governments; regular
conduct of elections; reservation of seats 12.8 Contemporary Issues
for SCs and STs and for women; uniform
composition of the urban bodies There are many issues which are
throughout the country were provided. highlighted by the experts in the field of
local governance from time to time. The
Following 73rd constitutional main issues brought out by the experts
amendment the Tamilnadu Panchayats are provided in the following section.
Act was passed in 1994, which replaced First there is considerable expansion in
the earlier Tamilnadu Panchayats Act, responsibilities of local governments,
1958. The Tamilnadu Panchayats Act, which were previously state government
1994 was amended in 1996. The Act of responsibilities.
1996 provided as far as Panchayats are
concerned : to plan for their developmental Taking into account the capacities of
needs, constitution of District Planning the levels of government and the line of
Committee; constitution of State Election control, throughout government apparatus
Commission and constitution of State should be considered and reclassification
Finance Commission. In the first elections of list is needed. Second, maintenance of
under the 1994 Act, 1,17,000 village courts is also an important issue,
representatives were elected for the three where the policing is state wise centralized,
different tiers of local government across which can not entrusted practically to the
Tamilnadu. local governments.
ACTIVITY Third, urban local bodies are entrusted

with many functions out of which many
 Do you feel that local governments of them are connection with the state
are the channels of development in government departments.
your area? In sum, the 73rd and 74th
Constitutional Amendment Acts brought
 What is your assessment of the
reforms in local government in India. The
functioning of the local government
rural and urban local bodies prior to the
in your area? Give a report card to
reforms were the creation of the British.
your teacher.
Many new and innovative changes were
brought in the amendments. So far only
132
Glossary
Panchayati Raj (1959 – 2009)
The Tamilnadu Municipal Laws Municipal Corporation: Municipal

(Fourth Amendment) Bill, 2018 and Corporation is the legal term for a local
the Tamilnadu Panchayats (Second governing body. A Municipal Corporation
Amendment) Bill, 2018 – for extending or city corporation is a local government
the tenure of the special officers of in India that administers urban areas with
the urban and rural local bodies for a a population of more than one million.
period of six more months.
Municipality: A Municipality is usually
a single urban or administrative division
18 states in India have ratified or approved having corporate status and powers of
the amendments in their legislative self-government or jurisdiction as granted
assemblies, which is required as per the by national and state laws to which it is
law. In addition, many state government subordinate.
even after enacting the amendments and
ratified them, have not put in to operation Cantonment Board: A Cantonment
many provisions, because of the issues Board is a civic administration body in
mentioned above. Unless these issues are India under the control of the Ministry
resolved, the objectives for which the 73rd of Defence. The Board comprises elected
and 74th amendments were made, could members besides ex-officio and nominated
not realized. members as per the Cantonments Act,
2006.
ACTIVITY
Town Panchayat: A town panchayat is
Take some leading dailies and a small town of approximately 20,000 to
collect information about the local 25,000 inhabitants. It is formed under the
issues published in the paper, and panchayati raj administrative system.
among the class students, try to evolve
some solution to the issues. Panchayati Raj: Panchayati Raj generally
refers to the system of local self-
government in India introduced by a
Constitutional Amendment in 1992,
There are 12 Municipal
Corporations, 148 Municipalities and Gram Sabha: Gram Sabha is a body
561 Town Panchayats in Tamilnadu as consisting of all persons whose names
urban local bodies. are included in the electoral rolls for the
Panchayat at the village level.
Mayor: Mayor is a person who is elected

or chosen to lead the group who governs
a town or city
133
Ward: A ward is a local authority area, Councillor: A member of a council
typically used for electoral purposes.
Dyarchy: Government by two independent
Nagar Palika: In India, Nagar Palika, is an authorities (especially in India 1919–35).
urban local body that administers a city of
population 100,000 or more
Evaluation
I Choose the correct answer:
1. When was the Madras (Chennai) Municipal Corporation established ?
(a)1870 (b)1882
(c)1687 (d)1992
2. When was the Lord Rippon’s Resolution adopted ?
(a)1992 (b)1858
(c) 1882 (d) 1870
3. The dyarchy system was established for the first time under
(a) Government of India Act, 1909 (b) Government of India Act, 1919
(c) Government of India Act, 1935 (d) Government of India Act, 1958
4. The Nagarpalika Bill was passed in the year

(a) 1989 (b) 1990
(c) 1991 (d) 1992
5. W
hat is the percentage of reservation of seats in local bodies for women under 73rd
and 74th Constitutional Amendment Acts?
(a) 45 (b) 50
(c) P
roportionate to the percentage of (d) 20
population of women in the constituencies
6. State Finance Commission is the organ responsible for

(a) R
ecommend to the state government about sharing of taxes between state and
the local bodies
(b) Recommend to the state governor on the issue of elections
(c) R
ecommend to the President of India on issues connected with financial
emergencies
(d) R
ecommend to the chief Minister about the law and financial situations in the
state
134
7. District Planning Committee is provided under
(a) 93rd Constitutional Amendment Act
(b) 73rd Constitutional Amendment Act
(c) 89th Constitutional Amendment Act
(d) 94th Constitutional Amendment Act
8. Jawahar Rozgar Yojana is a programme

(a) To provide employment guarantee
(b) To get loan from Public sector banks
(c) To construct housing units
(d) To get employment abroad
9. The Delhi Development Authority (DDA) was set up on 30 December 1957 under
(a) An act of Delhi Assembly
(b) An executive order of the President of India
(c) An Act of the Parliament
(d) The order of the Leivtenant Governor of Delhi.
10. W
hich of the following election has no place for political parties?
(a) Municipal Corporation Mayor Election
(b) Municipal Council Election
(c) Panchayat President and Panchayat Ward Member Election
(d) District Councillor Election
11. who is considered as the father of Local self Government in India ?

(a) Lord Mayo (b) Robert Clive
(c) Warren Hastings (d) Lord Rippon
12. Who conducts Local body elections in states?

(a) State Election commission (b) Election commission of India
(c) Chief election commissioner (d) The State Government
13.which are the Articles in the Constitution of India that deals with Local Government?
(a) Art. 40, Art. 243 to 243 O , Art. 243 p to 243 ZG
(b) Art. 300, Art. 300A
(c) Art. 3A , Art. 43 A
(d) Art. 31 , Art. 117 (1)
135
14. Arrange the Three tier Panchayati Raj System as per the Constitutional Provisions
(a) Village Panchayat – Intermediate Panchayat – District Panchayat
(b) Panchayat Union – District Panchayat – Village Panchayat
(c) District Panchayat – village Panchayat – Intermediate Pachayat
(d) V
illage Panchayat – Town Panchayat – District Pachayat – Intermediate
Panchayat
15. A
ssertion: 73rd Amendment Act brought rural local bodies
Reason: Democracy reached grass root level through local governments
Directions: Given below are two statements labelled as Assertion (A) and Reason (R)
in the context of the two statements, which of the following is correct?
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
II Answer the following questions very shortly
16. What is the lowest unit of the Panchayati Raj system in Tamilnadu?
17. What are the days the Gram Sabha meets in a year?
18. What is the term of office of a Mayor of Municipal Corporation.
19. Describe the powers and functions of the State Finance Commission.
20. Does the local bodies in Russia have any executive powers to do anything?
21. Which committee recommended the establishment of Panchayati Raj
Institutions?
22. What are the sources of revenue of a village Panchayats?
23. Give at least two reasons for the need for the PRI institutions in India?
24. How many municipal corporations are there in the state of TamilNadu?
25. Who is levying and collecting Entertainment Tax?
III Answer the following questions shortly

26. Give at least three salient features of the PRI.
27. Define an urban area
28. Explain the concept of local self government
29. What are the main problems of big cities in India ?
30. Explain the organization of Mahasabhas.
31. What were the major changes brought by the British in local administration?
32. Explain that functions of the Metropolitan Planning committee.
136
IV Answer the following questions in detail
33. Explain the system of Panchayati Raj in India .
34. Describe the functions and powers of the Mayor of a Municipal corporation
35. Write a short note on the State Election Commission.
36. Trace the developments in Local governments in India after passing of the 73rd
and 74th Constitutional Amendments.
37. Trace the origin of the local self government in India
Reference
1. Basu, Durga Das., 2013. Introduction to the constitution of India.

2. Pardeep Sachdeva. 2011. Local Government in India. Delhi: Pearson.
3. Burton Stein. 1994. Peasant State and society in medieval south India. Oxford and
New York : Oxford University Press.
4. Nirvikar Singh . 1997. Issues in local government in India. Department of Economics,
University of California.
5. TamilNadu social development Report 2000.
6. International Scientific Researchers (ISR) 2012. Local Government system in
South Africa. International Advances in Engineering and Technology (IAET).
ISSN: 000.0000 Vol.9 September 2012
Internet Sources
 TamilNadu State Election commission. Introduction.

http://tnsec.tn.nic.in/about_us/introduction.html
 Wikipedia . Local Bodies in TamilNadu.
https://wikipedia.org/wiki/Local_bodies_in_Tamil Nadu
 Http://www.cssforum.com.pk/cssaccessed on 1/16/2018\
 Copy right material : enquiries to Jeffrey Hays ajhays@yahoo.com
 TamilNadu state election commission,
http://www.tnsec.tn.in/about_us/introduction.html
137
2
Unit
Legislature
Learning Objectives
 S
tudents can learn to know about the functioning of the important
aspect of democratic governance
 S
tudents can learn to understand the role of the legislature in
everyday changes in society and politics
 S
tudents can learn to analyze the political structure of the state and constitutional
values of the institution
 S
tudents can learn to observe the elections and its procedures to enhance the knowledge
about the public institutions
 S
tudents can learn to experience the many aspects of rule of law
 S
tudents can learn to distinguish the differences between central and state legislatures
through organizing youth parliament
Introduction known as bicameral system of Parliament,

and has inspired by the British
Legislature is one of most important
Parliamentary system and the bicameral
institution for the functioning of
system of the USA. Similarly, the States
representative democracy. The basic
have Legislative Assembly and Legislative
objective of the legislature is to hold its
Council. But in many of the States only
representatives accountable, responsible
unicameral legislatures exist without any
for the interest of the people in the country.
Legislative Councils. In India, the
Legislature is generally referred as the
Parliament shares its law making function
highest law-making body, having elected
and responsibilities of implementation
representation from all the constituents of
with twenty nine states as well as seven
the state to make or change the laws of the
union territories. The Union Territories
country. In India, legislature at the Centre
are directly governed by the Union
is called as Parliament and also referred
Government.
as National Legislature. The legislatures
in The State and the Union Territory are
called Legislative Assemblies.
The Parliament consists two houses

namely; House of the People (Lok Sabha
– Lower House) and Council of States
(Rajya Sabha - Upper House). This is
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2.1. Union Legislature: The
When the Parliament meet for
Parliament
discussing various agenda and approving
The Parliament is known as Union bills, motions with a scheduled meeting
Legislature or National Legislature, which is called Session. The Parliament holds
is a supreme body of decision making and THREE sessions in a year.
symbol of democratic governance. The
Parliament is the most powerful platform 1. Budget session (February-May)
with accountability for debating on the 2. Monsoon Session (July-August)
issues regarding welfare of the country
3. Winter Session
and its people and enacting laws and
(November-December
making changes to the constitution.
Activity - Interpretation of Cartoon

Women members in the Rajya Sabha urged the Government to ensure the passage of the
Women’s Reservation Bill in the Lok Sabha. The Bill, which proposes 33% reservation
for women in Parliament and State legislatures, was passed by the Rajya Sabha in 2010
but has been stuck in the lower house for nine years.
The Constitution (108th Amendment) Bill, commonly known as the Women’s
Reservation Bill, needs to be approved by the Lok Sabha in order to become law.
R aj y a S a
bha
ha
L o k S ab
’s
o m e n i on
W v at
er
R e s Bi l l
Cartoon Courtesy : The Hindu, 13.3.2010.

As a class, discuss what you already know or think about the following topics:
a. Women’s Reservation Bill
b. 33% quota
c. Needs to be approved by the Lok Sabha
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It has two important powers and passing of the Budget, ventilation of
functions called as legislative and financial. public grievances, and discussing national
The legislative powers are for law making policies and issues of concern. The
and the financial powers are to prepare cabinet, both individually and collectively
money bill as called as budget. Also the accountable and removable by the
parliament has electoral functions with Loksabha.
regard to elect the President and the Vice
President of India. Functioning of House of People (Lok
Sabha)
The Parliament has judicial function
The parliament has two houses and
also on the matters of the proposals for the
both houses are carrying same values and
removal of the President, Vice – President, responsibilities with a few exception such
Judges of the Supreme Court and High as passing the finance bills. The first one
Courts and the process of removal is is the Lok Sabha (Lower House or House
called ‘impeachment’. It is the duty of of People) with 543 members elected from
the President to summon the Parliament 543 Parliamentary constituencies across
and must have not less than two sessions the country directly by the people who
in a year. Every year, at commencement have attained the age of 18 and above and
of the first session of the parliament, the registered as voters. The Lok Sabha has 2
President delivers his special address nominated members from the Anglo-
which would be the future course of Indian community.
action of the parliament in view of giving Quorum of the House: One tenth of the
framework for new policies, programmes total number of members of Lok Sabha /
and initiatives of the government. The Rajya Sabha constitutes the quorum for
parliament of India has functions of a meeting of the House.
legislation, overseeing of administration,
The ruling party if it
Total no. of Seats = 545
loses the confidence of
Lok sabha
543 seats for members

elected by people Time period ***** 5 years
Ruling Party
Majority = 272 Lok Sabha
Leader is the
prime minister
2 seats for members
nominated by the Anglo PM selects the
- Indian community other members
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The grand total number of members is up to the speaker to decide whether the
in the Lok Sabha 545, but the nominated bill to be moved or not. The speaker plays
members cannot decide the government the role of guardian of the rights and
when it proves majority on the floor of privileges of the house, its various
the House. The Lok Sabha is the highest committees such as consultative, select,
forum for discussion, debate on public Advisory and of members of that. Another
issues, interest and policies to cater the important power of the speaker is to refer
socio-economic needs of the people. any question of privilege to the committee
of privileges for examining, investigating
The members of both houses are
and reporting. The questions raised by the
generally called by the public as Member
members and answers, explanations and
of Parliament, Member of Parliament
reports are addressed to the speaker.
Lok sabha is one who represents the
constituency of the state, comprising of six
Jawaharlal Nehru, one of the chief
Assembly constituencies, directly elected
architects of India and
by the people through elections. The term
a driving force behind
of the Lok Sabha is for five years.
its democratic
Roles and responsibilities of the Speaker principles of the
Constitution, placed
The leader of the House of the People the office of the Jawaharlal Nehru
is the Speaker – who is elected by the Lok Speaker in India in the
Sabha, from among its members. The proper context when he said: “The
speaker’s duties are to conduct, facilitate Speaker represents the House. He/she
the debates and discussions and answers represents the dignity of the House, the
to questions regulating the conduct of freedom of the House and because the
Members of the House and taking care of House represents the nation, in a
their privileges and rights. The Speaker of particular way, the Speaker becomes a
Lok Sabha is the administrative head of symbol of nation’s freedom and liberty.
the parliamentary secretariat. Therefore that should be an honoured
The speaker also ensures that the position, a free position and should be
members adhere to the appropriate occupied always by persons of
procedures, and to allow the members to outstanding ability and impartiality”.
raise question, allotting time to speak and
The speaker is the final authority to
withdraw the objectionable remarks from
decide on the question of point of order.
record and moving a motion of Thanks to
Under the constitution, Speaker enjoys
the President’s speech. The Speaker has
special provisions and certifies money
the power to expel the members if they
bills. The speaker of the House of the
flout or violate the norms and rules of the
People presides the joint sessions of the
house.
parliament in case a special occasions
The permission of the speaker is or in the event of disagreement between
required to move amendments to a bill. It the two houses on certain legislative
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measures. The speaker decides whether has the disciplinary power to disqualify a
a Bill is a Money Bill or not and his member of the house on the grounds of
decision on this question is final. It is defection. Even though, the speaker also
the speaker who decides on granting one of the members of the House and
recognition to the Leader of Opposition holds neutral, does not vote in the house
in the House of People. Under 52ⁿd except rare occasions when there is a tie at
Constitution Amendment, the speaker the end of the decision.
Council of the States (Rajya Sabha)
Rajya Sabha
Council of the states House of the People
Not more than 250 members Not more than 552 members
Note more than 530 Not more

Note more than 238 representatives of States than 20
12 nominated representatives of States plus not more than representatives
and Union Territories 2 nominated Anglo- of Union
Indians Territories
The Rajya Sabha or the Council of

Activity
States is called as upper house. It has a
total number of 250 members including
Read the cartoon – identify the context
238 from all the states and union
Can you explain what this cartoon is territories and 12 members nominated by
about? the President. The council of states Rajya
Sabha is called as second chamber of the
Parliament of India. The Rajya Sabha is
Rajya Sabha
Entry an institution to protect the rights and
interests of the states like the senate in
USA. It was constituted on 3rd April, 1952.
The members for Rajya Sabha are

elected by the members of the respective
State Legislative Assemblies (MLAs).
Apart from the members of the states,
Cartoon Courtesy: The Hindu,18.2004
twelve distinguished members from the
( 32 (
Book 1.indb 32 24-04-2019 20:34:09

fields of literature, science, art, and social Sabha. Except the Money/Financial Bill
service were nominated by the President of all other bills will be placed before the
India. Unlike House of People, Council of Rajya Sabha for discussion, questions,
States is not subject to dissolution but one motions and resolutions under the rules
third of the members retire every second of procedure and conduct of business.
year. The term of the individual member is The functions of Rajya Sabha may broadly
six years. The members of the Council of be categorised as: Legislative, Financial,
States are elected by their respective state Deliberative and Federal. Legislation is by
legislative assemblies in accordance with far the most important business of Rajya
the system of proportional representation Sabha, as indeed of Parliament and in this
by means of the single transferable vote. sphere, Rajya Sabha enjoys almost equal
powers with Lok Sabha. In the U.S.A,
Functioning of Rajya Sabha the representatives in the state council
The Vice-President of India is is called as Senate where every state has
the ex-officio Chairman of the Rajya equal representation irrespective of size
Sabha. The chairman presides over the and population of the states. But in India,
proceedings and regulates the Rajya the representation in the Rajya Sabha is
based on its size of population.
Who can be a Member of Rajya Sabha?
Must be a citizen of India
 1951, has done away with the requirement
of being a resident of State or Union
Must not be less than 30 years

territory from which a person seeks to
Under the Representation of the
 contest elections to Rajya Sabha.
People Act, 1951, a person had to
He/She has to be an elector in a

be an elector in a parliamentary
parliamentary constituency anywhere
constituency in the State from where
in India. It has also provided that the
he seeks election to Rajya Sabha.
election to fill a seat in Rajya Sabha shall
It may, however, be mentioned
 be by open ballot.\
that the Representation of the
C ourtesy: https://rajyasabha.nic.in/

People (Amendment) Act, 2003, rsnew/practiceprocedure/book1.asp
which amended Section 3 of the
Representation of the People Act,
For example, Uttar Pradesh with the schedule of the Constitution. Members of
highest population elects 31 members to the Rajya Sabha are elected for a term of
Rajya Sabha; on the other hand, Sikkim, six years and then they can be re-elected.
the least populated state, elects only one The Rajya Sabha is known as Permanent
member to Rajya Sabha. Tamil Nadu House of the Parliament that never gets
elects 18 members to the Rajya Sabha. The fully dissolved. Some of the important
number of members to be elected from privileges and immunities are given to the
each State has been fixed by the fourth Members of Rajya Sabha as follows.
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Powers and Privileges of Members of Parliament
1. Freedom of speech in Parliament and immunity of a member from any proceedings
in any court in respect of anything said or any vote given by him in parliament or
any committee thereof.
2. Immunity to a person from proceedings in any court in respect of the publication
by under the authority of either House of Parliament of any report, paper, votes or
proceedings.
3. Prohibition on the court to inquire into proceedings of parliament.
4. Immunity to a person from proceedings in any court in respect of the publication
in Newspaper of a substantially true report of any proceedings of either House of
Parliament unless the publication is proved to have been made with malice.
5. Freedom from arrest of members in civil cases during the continuance of the session
of the House and forty days before the commencement and forty days after its
conclusion.
6. Exemption of a member from service of legal process and arrest within the precincts
of the House.
Source: https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf
Activity
Think-Pair-Share
Topic : Which House is considered to be more powerful the Lok Sabha or the Rajya
Sabha?
Task : Student should think individually for a few minutes, and then discuss and compare
their responses with a partner before sharing with the entire class.
Preparing students to participate more fully and effectively in whole class discussions.
Powers of the Lok Sabha

2.2 Parliament: Lok Sabha, Rajya
Sabha
1. The of Lok Sabha is the most powerful

political institution which reflects
the political, social and economic
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conditions of the country holds highest 9. The Lok Sabha has power to establish
responsibility and virtually represents new committees and commissions and
the entire population. tabling their reports for debate and
discussion and further consideration
2.
The Lok Sabha is constituted with for implementation.
members elected directly by the people.
These members represent the varied 10. The Lok Sabha controls the council of
interests of the people. Thus it becomes Ministers and a Prime Minister, who
the apex democratic institution. It enjoys the majority support of it. If the
is here that the nations’ policies and Prime Minister loses the confidence of
programmes and laws emerge. the Lok Sabha the entire government
has to quit and face the election.
3. The Lok Sabha makes the Laws on the
matters of Union List and Concurrent Powers of Rajya Sabha
List It can exact new laws and repeal
existing law, or amend the same. I has Position of Rajya Sabha
an exclusive authority over money bills. The Constitutional position of the Rajya
Sabha (as compared with the Lok Sabha)
4. The special power of the Lok Sabha is
can be studied from three angles:
that once it passes the budget or any
other money related law, the Rajya
Sabha cannot reject it. But the Rajya
Sabha can delay the law for 14 days only
and if Rajya Sabha suggests any changes
regarding the law, it is upto the Lok
Sabha to accept or reject it.
5. The one of the privileges of the Lok

Sabha is preparing and presenting the
budget and financial statement which is
1.
Where Rajya Sabha is equal to Lok
an explicit expression of peoples control
Sabha.
over nation’s economy.
2. Where Rajya Sabha is unequal to Lok
6. The Lok Sabha controls the executive Sabha.
by asking questions, supplementary
questions, passing resolutions, motions 3. Where Rajya Sabha has special powers
and no confidence motion. that are not all shared with the Lok
Sabha.
7. The Lok Sabha has the power to amend
the constitution and approve the Equal Status with Lok Sabha
proclamation of emergency.
In the following matters, the powers
8. The Lok Sabha involves in electing the and status of the Rajya Sabha are equal to
President and Vice-President of India. that of the Lok Sabha:
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1. Introduction and passage of ordinary 11. Enlargment of the jurisdiction of the
bills. Supreme Court and the Union Public
Service Commission.
2.
Introduction and passage of
Constitutional amendment bills. Unequal Status with Lok Sabha
3. Introduction and passage of financial In the following matters, the powers and
bills involving expenditure from the status of the Rajya Sabha are unequal to
Consolidated Fund of India. that of the Lok Sabha:
4.
Election and impeachment of the
president. 1. A Money Bill can be introduced only
in the Lok Sabha and not in the Rajya
5.
Election and removal of the Vice- Sabha.
President. However, Rajya Sabha
alone can initiate the removal of the 2. R ajya Sabha cannot amend or reject a
vice-president. He is removed by a Money Bill. It should return the bill to
resolution passed by the Rajya Sabha by the Lok Sabha within 14 days, either
a special majority and agreed to by the with recommendations or without
Lok Sabha by a simple majority. recommendations.
6.
Making recommendation to the 3.
The Lok Sabha can either accept or
President for the removal of Chief Justice reject all or any of the recommendation
and judges of Supreme Court and high of the Rajya Sabha. In both the cases,
courts, chief election commissioner and the money bill is deemed to have been
comptroller and auditor general. passed by the two Houses.
7. Approval of ordinances issued by the 4. A financial bill, not containing solely

President. the matters of Article 110, also can
be introduced only in the Lok Sabha
8. Approval of proclamation of all three and not in the Rajya Sabha. But, with
types of emergencies by the President. regard to its passage, both the Houses
9.
S election of ministers including have equal powers.
the Prime Minister. Under the 5. The final power to decide whether a
Constitution, the ministers including particular bill is a Money Bill or not is
the Prime Minister can be members of vested in the Speaker of the Lok Sabha.
either House. However, irrespective of
their membership, they are responsible 6. The Speaker of Lok Sabha presides over
only to the Lok Sabha. the joint sitting of both the Houses.
10.
C onsideration of the reports of the 7.
The Lok Sabha with greater number
constitutional bodies like Finance wins the battle in a joint sitting except
Commission, Union Public Service when the combined strength of the
Commission, comptroller and auditor ruling party in both the Houses is less
general, etc. than that of the opposition parties.
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8. R ajya Sabha can only discuss the budget broadly equal and coordinate with that of
but cannot vote on the demands for the Lok Sabha.
grants (which is the exclusive privilege
of the Lok Sabha). Even though the Rajya Sabha has
been given less powers as compared with
9. A resolution for the discontinuance of the Lok Sabha, its utility is supported on
the national emergency can be passed the following grounds:
only by the Lok Sabha and not by the
Rajya Sabha. 1. It checks hasty, defective, careless and
10. The Rajya Sabha cannot remove the ill-considered legislation made by the
council of ministers by passing a no- Lok Sabha by making provision of
confidence motion. This is because revision and thought.
the Council of ministers is collectively 2.
It facilitates giving representation to
responsible only to the Lok Sabha. eminent professionals and experts who
But, the Rajya Sabha can discuss and cannot face the direct election. The
criticize the policies and activities of President nominates 12 such persons to
the government. the Rajya Sabha.
Special Powers of Rajya Sabha 3.
It maintains the federal equilibrium
Due to its federal character, the by protecting the interests of the states
Rajya Sabha has been given two exclusive against the undue interference of the
or special powers that are not enjoyed by Centre.
the Lok Sabha:
Article 120
1. It can authorize the Parliament to make
Hindi and English have been
a law on a subject enumerated in the
declared by the Constitution to be the
State List (Article 249).
languages for conducting business
2. It can authorize the Parliament to create in Parliament. The Presiding Officer
new All-India Service common to both may, however, allow any member not
the Centre and states (Article 312). proficient in either to address the House
in his mother tongue (Article 120).
An analysis of the above points
makes it clear that the position of the 2.3 Law making process
Rajya Sabha in our constitutional system
is not as weak as that of the House of The Law making process in
Lords in the British constitutional system Indian Parliament stands evident for its
nor as strong as that of the Senate in the democratic credentials. In the law making
American constitutional system. Except process, role of opposition parties becomes
in financial matters and control over the much more important to reflect upon the
council of ministers, the powers and status relevance of the bill and its context so as
of the Rajya Sabha in all other spheres are to streamline the democratic governance.
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The law is a guiding force to regulate 1. The first stage of the bill relates to the
the society, politics and economy for the introduction of the bill in either house
welfare of the state and people. The law is as ‘Reading of the Bill’. Most of the
primarily introduced in the Parliament in bills are introduced by the Ministers
the form of ‘bill’ as proposed legislation for concerned. The bill is drafted by the
consideration of the legislature. The bill technical experts in that particular
will be taken for thorough discussion in field and then council of ministers will
the parliament to have an understanding approve the bill. The ordinary Member
within the framework of the constitution. of Parliament can also introduce a bill
which is called as ‘Private Member Bill’.
The bill will become Law once the For the introduction of the bill it should
legislature passed it and approved by the
be informed to the Speaker of the Lok
President. The Law becomes an act only
Sabha or The Chairman of Rajy
after getting consent from the President
of India. The primary function of the
2. A Sabha one month in advance. Then
Parliament is to make fresh laws and bring
the date of introduction for the Private
changes in the existing laws in accordance
Member Bill will be fixed and allowed
with the constitutional procedures. The
Parliament of India passes two types of to move the bill in the floor of house.
bills such as: Generally there will be no discussion on
the proposed bill at this reading stage
1. Money Bill which is only a formal affair.
2.
Non-Money Bill or ordinary or
public bills 3. After the introduction of bill, it will
be published in Gazette of India. The
Speaker or the Chairman may allow
some bills to be published in the Gazette
even before the first reading, in that
case no motion for leave to introduce
bill is necessary.
4. The Second Reading of the bill usually

takes place after an interval of two days
An ordinary bill has to pass through after the first reading. At this stage, any
different stages before becoming an of the four courses are adopted.
Act. The procedures prescribed in the
Constitution for passing the bills are of two The bill may be taken for

different categories. These are as follows: consideration by the House at once.
An ordinary bill under consideration has
to go through following stages has to pass It may be sent to a select committee

through both houses with discussions, of the House.
suggestions and approval. An ordinary It may be sent to a joint select

bill may be introduced in either House of committee of the two Houses or
the Parliament.
( 38 (
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 I
t may be circulated for eliciting Report Stage
public opinion. Very rarely bills are
The report stage is the most
taken up for consideration straight
important stage where a bill is debated
away.
clause by clause. In this stage the report
When the bill is adopted for is circulated along with original bill and
circulation (i.e.,4th course), the secretariat the report of the Select committee. The
of the House concerned requests the State Report stage is for giving final shape to
Governments to publish the bill in the the bill. Then the bill will be submitted
State Gazettes inviting opinions from for the Third Reading in which the bill is
local bodies and recognized associations. to be passed with majority of votes. The
Such opinions are circulated among the Third Reading is for formal approval by
members of the House. the Parliament.
After the bill is adopted at the

Activity - Flow Chart Third Reading in either of the house, it
is transmitted to the other House where
Every bill has to pass it goes through all the stages. The other
through the following stages. house may accept the bill as it is. After
coming across all the stages, it is sent to
First Reading
the President’s assent.
Second Reading Once a bill is passed in its originating

house, it also may be rejected in the
other house. Otherwise, it may introduce
Committee stage amendments not acceptable to the original
House or, may not return the bill within
six months. Insuch a case, a constitutional
Report stage
deadlock develops between the two
Houses. The President may call a joint
Third Reading session of the two Houses to resolve the
deadlock. The Speaker or in his absence
the Deputy Speaker presides over such
Committee stage joint sessions. The deadlock is dissolved
by majority vote.
If the bill is referred to a select
committee, the mover selects the Finally, the bill is passed by both
members of the committee, the Speaker Houses and goes to the President for his
or the Chairman of the House appoints assent. If the President assents to the bill,
one member of the committee and the it becomes a law. But the President may
chairman of the committee. The committee return the bill for reconsideration. If the
will study of the bill and reports back to bill is sent back to the President with or,
the House. without amendments, the President cannot
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withhold his assent. Such a complicated legislate. The Constitution has classified
and time-consuming procedure is adopted the subjects for which the legislation made
to prevent hasty legislation. to perform the duties and responsibilities
with specific powers for division of
2.4 Structure, Powers and powers to avoid the seventh schedule of
Functions of Legislature the constitution provides for trifurcation
The legislative powers and functions of legislative powers;
of the Union and the States are clearly
1. The Union List
demarcated in seventh schedule of the
Constitution of India. The powers on 2. The State List and
which both union and the states can 3. The Concurrent List
The Union list includes the subjects enumerated in the ‘Concurrent List’ both
over which the parliament has exclusive the union and the states can legislate. In
authority to make laws and change the event of contradictions between the
the existing laws. The state legislature union and states, the union’s authority will
has exclusive authority over subjects prevail. The residuary power is vested in
mentioned in the state list. In the subjects the Centre.
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Table Representing difference between Ordinary Bill and Money Bill
S.No. Ordinary Bill Money Bill

1 It can be introduced either in the Lok It can be introduced only in the Lok
Sabha or the Rajya Sabha Sabha and not in the Rajya Sabha.
2 It can be introduced either by a It can be introduced only by a minister.

minister or by a private member.
3 It is introduced without the It can be introduced only on the

recommendation of the president. recommendation of the President.
4 It can be amended or rejected by the It cannot be amended or rejected by

Rajya Sabha the Rajya Sabha. The Rajya Sabha
should return the bill with or without
recommendations, which may be
accepted or rejected by the Lok Sabha.
5 It can be detained by the Rajya Sabha It can be detained by the Rajya Sabha
for a maximum period of six months. for a maximum period of 14 days only.
6 It does not require the certification of It is requires the certification of the

the Speaker when transmitted to the Speaker when transmitted to the Rajya
Rajya Sabha (if it has originated in the Sabha.
Lok Sabha).
7 It is sent for the President’s assent It is sent for the President’s assent even
only after being approved by both the if it is approved by only Lok Sabha.
Houses. In case of the deadlock due to There is no chance of any disagreement
disagreement between the two Houses, between the two Houses and hence,
a joint sitting of both the houses can be there is no provision of joint sitting of
summoned by the president to resolve both the Houses in this regard.
the deadlock.
8 Its defeat in the Lok Sabha may lead to Its defeat in the Lok Sabha leads to the
the resignation of the government (if it resignation of the government.
introduced by a minister).
9 It can be rejected, approved or returned It can be rejected or approved but
for reconsideration by the President. cannot be returned for reconsideration
by the President.
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Lists of Powers
Union State Concurrent

1. Defence 1. Agriculture 1. Education
Transfer of Property
2. Atomic Energy 2. Police 2. other than Agricultural
land
3. Foreign Affairs 3. Prison 3. Forests
4. War and Peace 4. Local Government 4. Trade Unions
5. Banking 5. Public Heath 5. Adulteration
Adoption and
6. Railways 6. Land 6.
Succession
7. Post and Telegraph 7. Liquor
8. Airways 8. Trade and Commerce
Livestock and Animal
9. Ports 9.
Husbandry
10. Foreign Trade 10. State Public Services
11. Currency & Coinage
Activity - Critical Debate

MPs paid well, but show less productivity: citizens’ report
 ‘In 2010-12, Lok Sabha worked for
average of less than four hours a day
during 227 sittings in 852 hours’
 India’s parliamentarians are one of
the best paid legislators across the
world but they lag when it comes to performing legislative business, says the National
Social Watch’s “Citizens’ Report on Governance and Development 2013.”
 “In terms of absolute amount, the value of Indian MPs’ pay and perks is higher than
[that of] their counterparts in Singapore, Japan and Italy. It is four and a half times
higher than that of Pakistan; and is about 68 times higher than the per capita income
of the country
 Highlighting the low productivity of parliamentarians, the report points out that the
nine sessions during 2010-12 saw the Lok Sabha working for an average of less than
four hours of work a day during its 227 sittings in 852 hours, which is less than two-
thirds of scheduled six hours per day. In the process, about 577 hours have been lost
in disruptions and forced adjournments.
( 42 (
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Courtesy : The Hindu – 23.12.2013.
Task : I n this connection list out the different parameters to assess the performance
on MP?
2.5. Amendment process and
Procedure
is no provision for holding a joint-
The constitution of India has a sitting of the two houses. If the bill
unique provision to make the Constitution seeks to amend the federal provisions of
relevant to changing conditions and needs the constitution, it must also be ratified
but without changing the basic structure. by the legislatures of half of the states by
Article 368 deals with the amendment a simple majority, that is, a majority of
of the Constitution. As per this article, the members present and voting in such
the Parliament has the supreme power legislatures.
to initiate the amendment process.
4. After duly passed by both the houses
The procedures for amendment of the
of parliament and ratified by the state
constitution are as follows:
legislatures wherever necessary, the bill
1. Parliament may amend the constitution is forwarded to the President for assent.
through by way of addition, variation or The President must give his assent to
repeal any provision of this Constitution the bill. He can neither withhold his
in accordance with the procedure laid assent to the bill nor return the bill for
down in this article. reconsideration of the Parliament. After
president’s assent, the bill becomes an
2. An amendment of this Constitution may
Act (i.e., A Constitutional Amendment
be initiated through the introduction of
Act) and the constitution stands
a Bill in either House of Parliament, and
amended in accordance with the terms
when the Bill is passed in each House
of the Act.
by a majority of the total membership
of that House and by a majority of not Types of Amendments
less than two-thirds of the members of
that House present and voting, it shall Article 368 provides for two types
be presented to the President who shall of amendments, that is, by a special
give his assent to the Bill. majority of parliament and also through
the ratification of half of the states by a
3. The bill must be passed in each house simple majority. But, some other articles
by a special majority that is, majority provide for the amendment of certain
by more than 50 per cent of the total provisions of the constitution by a simple
membership of the house and a majority majority of parliament, that is, a majority
of two-thirds of the members of the of the members of each house present and
house present and voting. Each house voting, similar to the ordinary legislative
must pass the bill separately. In case of a process. Therefore, the constitution can
disagreement between the two houses, be amended in three ways:
on issues concerning amendment there
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1. Simple majority of the parliament, Citizenship
 – acquisition and
2. Special majority of the parliament, and termination.
3.
Special majority of the parliament Elections to parliament and state

and the ratification of half of the state legislatures.
legislatures. Delimitation of constituencies.

1. Simple majority of parliament: Union territories.

According to Article 368 a number Fifth schedule – administration of

of provisions in the constitution can be schedule areas and scheduled tribes
amended by a simple majority of the two
Sixth schedule –administration of

houses of parliament. These provisions
tribal areas.
include
By special majority of parliament
Admission or establishment of new

states, formation of new States and The majority of the provisions in
alteration of areas, boundaries, or the constitution need to be amended
names of existing states. by a special majority of the parliament,
that is, a majority (i.e., more than 50 per
Abolition or creation of legislative
 cent) of the total membership of each
councils in states. house and a majority of two-thirds of
S econd schedule - emoluments,
 the members of each house present and
allowances, privileges and so on of the voting. The expression total membership
president, the governors, the speakers, of the house irrespective of fact whether
judges, etc. there are vacancies or absentees. The
special majority is required only for
Quorum in parliament.
 voting at the third reading stage of the
Salaries and allowances of the members
 bill. The constitution’s clauses which can
of parliament. be amended in this way include:
Rules of procedure in parliament.

 (i) fundamental rights (ii) directive
principles of state policy: and (iii) all
Privileges of the parliament, its

other provisions which are not covered by
members and its members and its
the first and third categories.
committees.
Use of English language in parliament.
 Amendments by special majority of
parliament and consent of states
Number of judges in the Supreme

Court. The basic structures of the
constitution which are related to the
C onformant more jurisdiction on the
 federal structure of the polity can be
Supreme Court. amended by a special majority of the
Use of official languages.
 parliament and also with the consent of
( 44 (
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half of the state legislatures by a simple Constitution except Jammu & Kashmir
majority. There is no time limit within because it has separate Constitution for its
which the states should give their consent state government. The articles from 152
to the bill. The following provisions can to 237 deals thoroughly on the subjects of
be amended in this way: the state legislature. The state legislature
which has only Legislative Assembly as
 E
lection of the president and its House of People is called as Unicameral.
manner. Most of the powers and functions are
 E
xtent of the executive power of the shared by the state legislature is almost
union and the states. like the same as the Union legislature.
In a Bicameral system of legislature, the
 Supreme Court and high courts. state legislature consists of the Legislative
 D
istribution of legislative powers Assembly and Legislative Council.
between the union and the states.
The Governor
 Any of the list in the seventh schedule.
There shall be a Governor as the
 Representation of states in parliament. Constitutional Head of the State executive,
and executive power of the state vested
 P
ower of parliament to amend
with the Governor and all executive
the constitution and its procedure
actions of the state has to be taken in the
(Article 368).
name of the Governor. The governor of the
2.6. State Legislature: Structure, State shall be appointed by the President.
Powers and Functions The Governor is appointed for a term of
five years or can hold the office during
the pleasure of the president or until his
Governor successor enters upon his office. The
eligibility of appointment of the governor
is that he/she must be the citizen of India,
Chief minister shall not hold any office of the profit and
and council of should have completed thirty five years of
minister age. The Governor can be appointed more
than once and can hold office for more
than one state two states in an exigency or
Legislative Assembly as a transitional arrangement.
Powers and Functions of the Governor

Structure of State Legislature
The Governor of a state have
The state is the second stratum of the powers like the President such as
the federal structure of the Constitution. Executive, Legislative, Judicial and
The provisions for the governance of all Emergency Powers. The executive powers
the state is dealt in the Part VI of the of the Governor are appointing the council
( 45 (
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of ministers, Advocate General and the the state legislature passes the bill again
Members of the State Public Service with or without amendments.
Commission. The Governor has the power
to nominate members of the Anglo-Indian 3. The governor may reserve a bill for the
Community to the legislative Assembly of consideration of the president, if he
the state. The Governor has the power to thinks it fit.
appoint people with special knowledge
in the field of literature, science, art, The Judicial Powers of the Governor
cooperative movement as members in the is to have the power to grant pardon,
legislative council wherever it exits. reprieves, respites or remissions of
punishment or to suspend, remit or
The governor also can nominate 1/6 commute the sentence of any person
of the total members of the council. The convicted of any offence against any law
governor also has powers ‘in his discretion’ relating to a matter to which the executive
to exercise special constitutional power of the state extends. However, the
responsibilities, he can discharge his Governor has no power to appoint judges
special responsibility, in accordance with of the State High Court but he is entitled
the direction given by the president from to be consulted by the President in this
time to time. On certain extraordinary matter. The appointment of Judges of
situations, the governor can act without High Court and Supreme Court comes
ministerial advice. The governor also under the purview of the Judiciary and
plays the role of medium between the the President of India.
state and the centre. The Governor keeps
the President Constantly informed of the The governor does not enjoy the
developments in the state. Emergency Powers like that of the
president. But the governor can make a
The Governor is part and parcel of the report to the president and advising him
State legislature. The legislative powers of to assume the office whenever there is a
the Governor include the right to address constitutional breakdown or crisis in the
and sending messages, and summoning, state that may result in the imposing of
proroguing and dissolving the state the President rule. In such a situation, the
legislature. Governor’s assent is required governor acts as an agent of the president
for any bill to become an Act. The veto as and assumes the functions of the state
powers of the governor as follows: government through invocation of Art
356.
1. May withhold his assent, in which case
it fails to become the law. Functions and Powers of the Chief
2. Other than the Money Bill, The governor Minister
may return any bill for reconsideration The Chief Minister is appointed
by the state legislature. His/her veto by the Governor as the head of the
power cannot be used again and has government, administration and council
no alternative than to assent to it when of Ministers. The council of Ministers
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are appointed by the governor on the the conduct of members and in matters
advice of the Chief Minister. In view of of procedure or maintaining order in the
the democratic principle of Constitution, house. And in such matters the speaker is
a person who is not a member of either not to be subjected to judicial intervention.
house can be appointed as the Chief The speaker appoints the Chairmen of
Minister, but within a six months from all the committees and supervises their
the date of appointment he/she should functioning.
become member of any house.
The Deputy Speaker
2.7
Officials and Committees in
The Deputy Speaker is also elected
State Legislative Assembly
by the members of the Assembly from
Speaker of the State Legislative amongst themselves. He performs the
Assembly: duties and responsibilities of the speaker
as his absence presides over the Assembly
The Speaker is elected by the
in the absence of the Speaker. The deputy
Members of Legislative Assembly itself,
speaker has also powers on par with the
and is the Presiding officer of the Assembly.
speaker within the House. Any member
The speaker has the responsibilities and
existed in a panel can preside over the
powers of conducting business of the
House in case of absence of Speaker and
assembly in orderly manner, maintaining
the deputy speaker.
decorum and regulating its procedure
in terms of allowing the members to Committees of the Parliament
question, speak on matters of importance,
budget and grants. The speaker is the Broadly, parliamentary committees
interpreter of the provisions of the are of two kinds - Standing Committee
Constitution, rules of procedure in the and Ad Hoc Committees. The former
assembly proceedings, rules of procedure are permanent (constituted every year or
and legislative precedents within the periodically) and work on a continuous
Assembly. The speaker has the power basis, while the latter are temporary and
to adjourn, suspend and resume the cease to exist on completion of the task
sessions and suspend the members from assigned to them.
participating in the session when there
is a violation of rules, procedures and Standing Committees
regulations of the assembly. On the basis of the nature of functions
performed by them, standing committees
The speaker has to generally can be classified into the following six
maintain neutrality and impartiality while categories:
conducting the business of the house. The
speaker’s vote becomes more important 1. Financial Committees
when there is a tie on any issue regarding a) Public Accounts Committee
passing of bill, motion and resolutions. b) Estimates Committee
The speaker’s decision is final in regulating c) C ommittee on Public Undertakings
( 47 (
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2.
Departmental Standing Committees c) Library Committee
(24) d) Joint Committee on Salaries and
3. Committees to Inquire Allowances of Members.
a) Committee on Petitions Ad Hoc Committee

b) Committee of Privileges Ad Hoc committees can be divided
c) Ethics Committee into two categories, that is, Inquiry
Committees and Advisory Committees.
4. C ommittees to Scrutinise and Control
Committee on Estimates: The major
a) C ommittee on Government responsibility of the committee is to
Assurances suggest the examiner, estimator and
b) C ommittee on Subordinate recommendation on matters related
Legislation to economic related policy issues and
c) C ommittee on Papers Laid on the alternative policies, administrative reform,
Table undertaking the tours and visits within
and outside the state to study various
d) C ommittee on Welfare of SC’s schemes under execution in regard to the
and ST’s estimates under examination.
e) C ommittee on Empowerment of
Women Committee on Public Accounts: The
important functions of the Committee
f) Joint Committee on Offices of are to scrutinise the Appropriation
Profit Accounts of the State and the Report of
the Comptroller and Auditor-General of
5. C ommittees Relating to the Day-to-
India (Civil). Also looks into the Revenue
Day Business of the House
receipts and the disbursement of money
a) Business Advisory Committee shown in the accounts applicable to the
b) C ommittee on Private Members’ services or purposes to which they had
Bills and Resolutions been applied and charged.
c) Rules Committee Committee on Public Undertakings:
d)
C ommittee on Absence of This Committee is to examine the
Members from Sittings of the Audit reports and accounts of Public
House Undertaking from time to time. The
Committee also examines the autonomy
6.
House-Keeping Committees or and efficiency of the Public Undertakings.
Service Committees (i.e. Committee This committee is also taking note on
concerned with the Provision of the affairs of the Public Undertakings
Facilities and Service to Members): are being managed in accordance with
sound business principles and prudent
a) General Purposes Committee
commercial practices. The Committee also
b) House Committee
( 48 (
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examines the Reports of the Comptroller Impeachment: The Parliament has

and Auditor General of India on the Public judicial function on the matters of
Undertakings. The Committee examines the proposals for the removal of the
the working of the Undertakings under its President, Vice – President, Judges of
purview, hears officials or takes evidence the Supreme Court and High Courts.
connected with such undertakings and This process of removal is called
makes recommendations to the House. ‘impeachment’.
Immunity of the member: Exemption

Glossary of a member from service of legal
process and arrest within the precincts
Unicameral: The state legislature

of the House.
which has only Legislative Assembly
as House of People is called as Joint session: When there is a special

Unicameral. occasion or event of disagreement
between the two houses on certain
Bicameral: The system of legislature

legislative measures, the speaker of the
which consists of the Legislative
House of the people presides the joint
Assembly and Legislative Council is
sessions of the parliament to resolve
called asBicameralsystem.
the disagreement.
Quorum of the House: One tenth of

S essions: When the Parliament

the total number of members of Lok
meet for discussing various agenda
Sabha / Rajya Sabha constitutes the
and approving bills, motions with a
quorum for a meeting of the House.
scheduled meeting is called Session.
Bill: The law is primarily introduced

No Confidence Motion: This is the

in the Parliament in the form of
procedure to acquire the support of
‘bill’ as proposed legislation under
majority of the members in The Lok
consideration by a legislature.
Sabha / Legislative Assembly and their
Amendment: The constitution of
 confidence to head the government by
India has a unique provision to make a Prime Minister/The Chief Minister.
the Constitution contemporarily If the Prime Minister or the Chief
relevant for changing conditions and Minister lose the confidence of the
needs but without changing the basic Lok Sabha/Legislative Assembly the
structure of the doctrine. entire government has to quit and face
the election.
( 49 (
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Evalution
I. Choose the correct answer
1. Legislature is ____________
a. The highest law-making body b. The High Court
c. Parliament d. Law Commission
2. National legislature is called ________________
a. The Supreme Court b. The High Court
c. Parliament d. Legislative Assembly
3. The Parliament in India consists of
a. The President, and the Prime Minister
b. The President and Rajya Sabha
c. The President and Lok Sabha
d. The President, Lok Sabha and Rajya Sabha
4. Members of Lok Sabha is directly elected by the_______________
a. People of the Parliamentary Constituency
b. MLAs of the State Assembly
c. Nominated by the President
d. None of the above
5. The process of removal of Judges of the Supreme Court and High Courts is called
_________
a. Impeachment b. Dismiss
c. Suspension d. Resignation
6. Who is the Head of the Lok Sabha?
a. Speaker b. The Prime Minister
c. The President d. The Vice-President
7. The Head of the Government is ____________
a. The President b. The Prime Minister
c. Speaker d. TheVice-President
8. The Head of the state is ____________
a. The President b. The Prime Minister
c. Speaker d. The Vice-President
( 50 (
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9. The Rajya Sabha is an institution to protect the rights and interests of ___________
a. The Members of the Parliament b. The President
c. The states d. The Vice-President
10. The members of the Rajya Sabha is elected by ___________________
a. People b. MLAs of the respective state
c. Nominated by the parties d. Nominated by the President
11. Who is the ex-officio Chairman of the Rajya Sabha?
a. The President of India b. The Vice-President of India
c. The Prime Minister of India d. The Speaker
12. Which house of the Parliament is known as Permanent House of the Parliament
that never gets fully dissolved?
a. The Lok Sabha b. The Rajya Sabha
c. The Ministerial Cabinet d. The Group of Ministers
13. Which house of the parliament has the power to pass the money bill?
a. The Lok Sabha b. The Rajya Sabha
c. The Ministerial Cabinet d. The Group of Ministers
14. What is the minimum age of the Member of Parliament in Lok Sabha?
a. 25 years b.30 years
c. 40 years d. 50 years
15. Indian Legislature system is called as
a. Unicameral b. Bicameral
c. Monarchy d. None of them
16. The Governor of the state is ______________
a. Constitutional Head of the state b. Head of the Government
c. Head of the Cabinet d. Head of the party
17. The Chief Minister of the state is _______________
a. Head of the state b. Head of the Government
c. Head of the Cabinet d. Head of the party
18. The Executive power of the state is vested with
a. The Chief Minister b. The Chief Secretary
c. The Governor d. The Chief Justice of High Court
( 51 (
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19. The governor of the State shall be appointed by
a. The Chief Minister b. The President
c. The Chief Justice of High Court d. The Prime Minister
20. Consider the table given below
Rajya Sabha
Council of the states House of the People
Not more than 250 members Not more than 552 members
Note more than 530
x
Note more than 238 representatives of States
12 nominated representatives of States plus not more than
and Union Territories 2 nominated Anglo-
Indians
Which of the following will fit in the place marked ‘X’?

a) Ministers who are not members of parliament but who have to get
themselves elected to either House of Parliament within six months after
assuming office
b) Not more than 20 nominated members
c) Not more than 20 representatives of Union Territories
d) The Attorney General who has the right to speak and take part in the
proceedings of either House of Parliament.
II Answer the following questions very shortly:

1. What is called bicameral system?
2. What are the types of bills passed in the Parliament?
3. Define: Quorum of the House
4. Define: Money Bill
5. Define: Private Member Bill
6. What are the condition for call for Joint Session?
( 52 (
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III Answer the following questions shortly:
7. What are the list of powers prescribed in the Constitution?
8. What do you mean amendment provision in the constitution?
9. Write down the types of Amendments
10. What is the structure of the state legislature?
11. What are the powers of the legislature
12. What are the special powers of Rajya Sabha?
13. What is the role of the Speaker in the Assembly?
IV Answer the following questions detail:

1. Describe the roles and responsibilities of the union legislature
2. What are the powers of the Lok Sabha
3. Write an essay on the stages of Law making process in the Parliament
4. Explain the process and procedure of the Amendment
5. What are the powers of the Governor of the State
6. Write an essay on the powers of the Chief Minister and Council of Ministers
7. Write about the various committees appointed to execute the administration of
government and its importance.
Reference Books
 Austin, Granville., “The Indian Constitution: Cornerstone of a Nation” Oxford
University Press, New Delhi. 2010
 Bakshi, P.M., “The Constitution of India”, Universal Publications, New Delhi,
2005.
 Subhash C. Kashyap, “Concise Encyclopedia of Indian Constitution”, Vision Books
 Subhash C. Kashyap, “Our Constitution”, National Book Trust, New Delhi, 2000
 D. D. Basu, “Introduction to the Constitution of India”, New Delhi: Lexis Nexis.2012
 S. Chaube, “The Making and Working of the Indian Constitution”, Delhi: National
Book Trust. 2009.
 Andrew Heywood (2002), Politics (Second Edition), Palgrave Foundations, New
York.
( 53 (
Book 1.indb 53 24-04-2019 20:34:13

ICT Corner
Legislature-Amendments
Through this app you will

learn more about
legislature- amendments
Procedure:
Step - 1 Open Play store and type CONSTITUTION OF INDIA WITH MCQ (or)
Scan the QR Code.
Step - 2 Click any topic you will get Article (Eg.Amendments)
Step - 3 Click any Amendments you will get the details of Articles.(101)
URL:
https://play.google.com/store/apps/details?id=com.philoid.coi
*Pictures are indicative
( 54 (
Book 1.indb 54 24-04-2019 20:34:13

3
Unit
Executive
Learning Objectives
 T
o understand the Republican form of State
 T
o gain knowledge of the Constitutional position of the President and vice - President
 T
o Comprehend the election procedures for the offices of the President and Vice –
President
 T
o analyse the powers and functions of the President and vice - President
 T
o understand the Parlimentary type of executive
 T
o know the characteristics of the State executive
 T
o comprehend the role of Governer in State administration
 T
o discuss the role of Chief Minister
3.1 Introduction as head of the state with fixed tenure of

office. The President is the supreme head
Form of the state
of all the constitutional wings of the State,
i.e the legislature. Executive, judiciary and
The Union Executive
armed forces. The President supervises
 T
he President of India their functions and ensures adherence to
constitutional provisions by theses bodies.
 T
he Vice President of India
The President represents the entire
 T
he Council of Ministers and the nation and upholds the constitution in
Cabinet, Headed By the Prime every sphere of State’s activity. But unlike
Minister the President of the USA, Where the
President of the republic wields de-facto
(real, functional) executive powers, the
The preamble of the constitution of President of Indian Republic is not vested
India, Declares India a sovereign. Socialist with direct executive responsibilities; Such
secular Democratic Republic. Unlike direct and real executive responsibilities
England where a hereditary monarch, are assigned by the Constitution, to a
either a Queen or a king is the head of Council of ministers led by the prime
the State, India has an elected President minister, and such council of ministers,
( 55 (
Book 1.indb 55 24-04-2019 20:34:14

both collectively and individually by at least 50 electors as proposers and
responsible and accountable to the union seconded by another 50 electors of the
legislature. Thus our Republican form Electoral College. Every candidate has to
of State is different from American form make a security deposit of `15,000/- in
of Republic. Where it is Presidential the Reserve Bank of India.
executive.
This amount will be forefeited if the
3.2 President candidate does not secure 1/6 of the votes
polled.
The President is the head of the
Indian State. He is the First Citizen of The President is elected not directly
India and acts as the symbol of Unity, by the people but by members of Electoral
Integrity and Solidarity of the Nation. College consisting of ;
Qualification and Election of the  T
he elected members of both the
President houses of Parliament
Article 58 says;  T
he elected members of the legislative
1. No person shall be eligible for election assemblies of the states
as President unless he is  T
he elected members of the legislative
 a citizen of India assemblies of the union territories of
 h
as completed the age of 35 years Delhi and Pondicherry.
 i
s qualified for election as a member
of the Lok Sabha Activity
2. A person shall not be eligible for election
Find out the electoral quota if the total
as President if he holds any office of
number of voters polled in the election
profit under the government of India,
for President is 10,00,000 and the
or the government of any state, or under
number of candidates to be elected is 1
any local or other authority subject to
the control of any of the said The President`s election is held
governments. in accordance with the system of
proportional representation by means of
Article 52 of our Constitution lays down
single transferable vote and the voting is
that ther shall be a President of India.
by secret ballot. This system enures that
Article 53 lays down that the executive
the successful candidate is returned by the
power of the Union shall be vested in the
absolute majority of votes.
President and shall be exercised by him
directly or indirectly.
Total number of valid votes
Electoral polled in the election
= +1
Further Article 52 provides that the Quota Number of electors to be
nomination of a candidate for election to elected
the office of President must be subscribed
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Book 1.indb 56 24-04-2019 20:34:14

etc against the names of the candidates.
Conversation
This means the voter can indicate as many
Girl - Boy: Did you know, in order to preferences as there are candidates in the
be declared as elected, a candidate has fray. In the first phase, the first preference
to secure a fixed Quota of votes !!!...... votes are counted. In case a candidate
What is this Quota..? secures the required quota in this phase,
Look at the above formula……. he is declared elected. Otherwise, the
Ya …..understood….ha ha….. process of transfer of votes is carried out.
The ballots of the candidate securing the
least number of first prefrence votes are
Each member of the electoral college cancelled and his second preference votes
is given only one ballot paper. The voter, are transferred to the first preference votes
while casting his vote, is required to of other candidates.This process continues
indicate his preferences by marking 1,2,3,4 till a candidate secures the required quota.
Debate
We have a written constitution wherein the functions and responsibilities of each
constitutional office are clearly defined and delimited. We are a Republic with an elected
President as the Head of the State. But, we are also a Parliamentary democracy with
Ministerial responsibility to the representatives of the people in the Lok Sabha.
Teacher can divide the class into two group and organise a debate on the unique
mix of the President and the Prime Minister and his team.
Oath by the President Activity

Before entering upon his office, Read The Cartoon Identify The
the President has to make and subscribe Context.
an oath or affirmation. In his oath, the
President swears:
 T
o faithfully execute the office;
 T
o preserve, protect and defend the
constitution and the law; and Each one of you can make a great
deal of difference to the nation
-Repeat this pledge after me...
 T
o devote himself to the service and
wellbeing of the people of India.
The oath of office to the President is 26.7.06/The Hindu Cartoon

administered by the Chief Justice of India
and in his absence in the presence of the 1. What is being depicted by the given
senior most judge of the Supreme Court. cartoon?
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Entitlement to the President Term, Impeachment and Succession
 H
e is entitled without payment of Term
rent, to the use of his official residence
Article 56 says that the President shall
(The Rashtrapathi Bhavan)
hold office for a term of 5 years from the
 H
e is entitled to such emoluments, date on which he enters upon his office.
allowances and privileges as maybe However he can resign from his office at
determined by the Parliament any time by addressing the resignation
letter to the Vice President. Further he can
 T
he President is entitled to a number
aslo be removed from the office before
of privileges and immunities. He
completion of his term by the process of
enjoys personal immunity from legal
impeachment. The President can hold
liability for his official acts. During his
office beyond his term of five years until
term of office, he is immune from any
his successor assumes charge. He is also
criminal proceedings
eligible for re-election to that office.
K-W-L Activity
What I know about What I want to Know
What I have Learnt?
Impeachment? about Impeachment?
Impeachment the House when a charge is so presented

by one House, it should be investigated by
Article. 61 of the Constitution
the other House. After the investigation, if
lays down a detailed procedure for the
a resolution is passed by the other house
impeachment of the President. For the
by a majority of two thirds of its total
impeachment of the President, first, a
number of members, the President stands
charge for impeachment has to be made
removed by impeachment from his office
in either House of the Parliament by a
from the date of passing of the resolution.
resolution signed by atleast one fourth of
the total number of members of the House Succession
and moved by giving atleast 14 days’
advance notice. Such a resolution must be A vacancy in the President’s office
passed by a majority of not less than two can occur in any of the following ways:
thirds of the total number of members of
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1. On the expiry of his tenure of five years He prompts and facilitates the institution
2. By his resignation of council of ministers headed by the
Prime Minister, and ensures that the
3. On his removal by impeachment council of Ministers enjoy the support of
4. By his death the majority in the Lok Sabha. The
5. When he becomes disqualified to hold President alone installs the ministers and
office or when his election is declared distributes portfolios to them, he can also,
void dismiss the ministry, if he feels that the
ministry does not enjoys the majority
If the vacancy occurs due to support in the Lok sabha. He nominates
resignation, removal or death then election members to various constitutional bodies,
to fill vacancy should be held within six including the judiciary, armed forces and
months and the Vice President acts as the diplomatic corps. The President enjoys
President until a new President is elected. enormous powers during the periods of
Further when the sitting President is emergencies, can suspend any law, can
unable to discharge his functions due to dissolve ministries and legislatures for
absence, illness or any other cause, the specified periods. He can commute capital
Vice President discharges his functions punishments.
until the President resumes his office. When any person i.e., VP,CJI or senior
In case the office of the Vice President most judge is acting as President, he
is vacant, the Chief Justice of India or if enjoys all the powers and immunities
his office is also vacant, the senior most of the President as is entitled to such
judge of the Supreme Court acts as the emoluments, allowances and privileges
President or discharges the functions of as determined by the Parliament.
the President.
The Official Residence of the President
Functions and Powers of the President of India is
Vast are the functions and powers of “The Rashtrapathi Bhavan” Situated at
the President. He convenes the parliament, Delhi……..
addresses and prorogues the same. He
nominates 12 members of eminence in Activity
different fields to the Rajya sabha and two
Anglo Indian members to the Lok Sabha. 1. Discuss the Veto Powers
He enjoys veto power over non-money of the President of India.
bills of the parliament and can send back 2. Find out what is Absolute Veto,
non-money bills for reconsideration of Suspensive Veto, Pocket Veto and
the parliament, he can convene joint Qualified Veto.
sessions of Rajya Sabha and Lok sabha; He
can promulgate ordinances for a period 3. List out all the Presidents and their
not exceeding six months. He can also has tenure till date, Make a Collage using
veto powers over certain State legislations. the images collected.
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Book 1.indb 60
Executive Legislative Financial Judicial Emergency Miscellaneous
1.Running of all administration 1. Summoning and proroguing 1. Introduction of money bill 1. Granting commutation 1. The constitution confers 1. Reference of any matter of
in his name, making of sessions of Parliament and in Lok Sabha with his prior of sentence, reprieve extraordinary powers on the public importance involving
rules for the conduct of dissolving Lok Sabha. recommendation. or pardon, respites or President to deal with three a question of law or fact to
( 60 (
government business and remissions or suspension types of emergencies the advisory opinion of the
allocation of work among the 2. Making nomination of 12 2. Keeping control over of punishments by virtue Supreme Court.
ministers. members to the Rajya Sabha Contingency Fund of India. of holding prerogative of  national emergency
and 2 to the Lok Sabha. mercy. (Art.352) 2. Determining the strength of
2.Having information of all 3. Causing presentation of  President’s rule (Art.356 Judges in the High Court.
important decisions of the 3. Delivering inaugural budget in the Parliament. 2. He appoints the Chief Justice & 365)
Cabinet, referring any mater addresses and sending of India and other judges of  financial emergency (Art. 3. Making rules for the
for the consideration of the messages to the Parliament. 4. Making appointment of Supreme Court and High 360) composition and working
Cabinet. Finance Commission. Courts. of the Union Public Service
4. Exercising veto power over 2. Art.352-President declares Commission.
3. Making important non-money bills- absolute 5. Allowing determination 3.
He can seek advice from national emergency when
appointments and removals. as well as suspensive. of the shares of States in the Supreme Court on any security is threatened due to 4. Setting up official languages
proceeds of income tax and question of law or fact. war, external aggression and Commission and taking
4. Maintaining foreign 5. Giving prior permission for of the amounts of grants- internal rebellion. steps for the progressive
relations. introducing certain kinds of in-aid in lieu of jute export use of Hindi for official
bills in Parliament. duty to the States of Assam, 3. Provision of emergency in a purposes on the basis of its
5. Holding supreme command Bihar, Odisha and W.Bengal. State(Art 356) in the event if recommendations.
of the Defence Forces. 6. Promulgating an ordinance breakdown of constitutional
if the Parliament is not in machinery. 5. Making special regulations
6. Approving rules and session. for the administration of the
regulations for the working 4. Art 365 – enforcement of State of Jammu-Kashmir.
of the Supreme Court and 7. Causing presentation in President’s rule when a State
other independent agencies. the Parliament of reports does not obey the union 6. Making special rules
and recommendations of government direction or the and regulations for the
7. Sending directions and various commissions. Indian Constitution. administration of Scheduled
instructions to state and Tribal Areas.
governments and invoking 8. Making appointment of 5. The President under Art
Art.356 incase of breakdown presiding officer pro tem of 360 has the power to declare
of Constitutional machinery the Lok Sabha. financial emergency if he
in a State. is satisfied that financial
9. Allowing extension, stability or the credit of
8. Running of the modification, or abrogation India is threatened.
administration of Union of law in cases of ports and
Territories and Scheduled aerodromes.
and Tribal Areas.
10. Exercising absolute veto
power over State legislation
in certain cases.
24-04-2019 20:34:15
Fact Activity
The emergency powers of the Preparation of Chart
President of India are specified in part List the Prime Ministers of India from
XVIII of the Indian Constitution. 1947 to 2019. Paste the photos of the
Prime Ministers in your chart.
Activity
Identify the Powers of the President, related to the examples in the
given tabular column
(executive/legislative/ judicial/financial/emergency)
S No. Examples Powers

1. Tamil Nadu, Karnataka, Punjab, Jharkhand,Jammu
and Kashmir and many other states have been
under President’s rule.
2. The President appoints our State Governors,
Supreme Court and High Court Judges.
3. The President can summon and dissolve Parliament
sessions.
4. A ‘Bill’ passed in the Parliament can become an
‘Act’ only after the President’s approval.
5. The President has the power to reduce the degree
of punishment or pardon criminals.
6. A right to be informed of all of the nation’s affairs.
7. The President is always the first to address the
Parliament during the budget session.
8. The country declares war in the name of the
President.
9. The country’s Ambassadors and High
Commissioners are his representatives in foreign
land.
10. The President causes the presentation of audit
report before Parliament.
3.3 Vice President Election
On the pattern of the Constitution of
USA, the Indian Constitution provides for The Vice-President of India is elected
the office of the Vice-President of India by the elected members of both Houses of
(Article 63). The Vice-President of India Parliament by secret ballot on the basis
occupies the second highest office in the of proportional representation system, by
country. means of the single transferable vote.
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Qualification allowance, emoluments etc., as may be
fixed by Parliament by law, and during
To be eligible for election to the
that time he does not perform the duties
office of Vice-President, (a) candidate
of the chairman of Rajya Sabha.
must be a citizen of India, (b) must have
completed the age of thirty five years, (c) Assignment
must be eligible for election as a member
Articles 63 to 70 of the Indian
of the Rajya Sabha, and (d) must not hold
Constitution deal with `Vice-President`
any office of profit. In this connection
make a presentation on the above.
provisions similar to those relating to the
President apply. 3.4 The Prime Minister and Council
Terms of Office of Ministers
The Vice-President is elected for a He describe Prime Minister as 'primus inter

term of five years. He can voluntarily resign pares' (first among equals) and 'key stone of
the cabinet arch'. He said, "The head of the
from his office before the completion of his cabinet is 'primus intro pares', and occupied
term of office by writing to the President. a position which so long as it lasts, is one of
He may also be removed from his office, if exceptional and peculiar authority".
a resolution to that effect is passed by the - Lord Morely
Rajya Sabha by an absolute majority of its
members and agreed to by the Lok Sabha.
3.4.1 The Prime Minister
However fourteen days have to be given to
move such resolution.
Introduction
Functions and Duties Executive: The Constitution
provides for a collegiate executive
The Vice-President is the ex-officio i.e
C ouncil of ministers under the chair
Chairman of the Rajya Sabha (Article 64 members of the Prime Minister
of the Indian Constitution). He presides Meaning: A body of persons having authority
over the meetings of the Rajya Sabha. As to initiate major policies, make decisions and
the presiding officer of the Rajya Sabha, implement them on basis of the Constitution
his functions and powers are similar to and laws of the country.
those of the speaker of Lok Sabha. He There are two important organs of the Union
draws his salary as the chairman of the Government.
Rajya Sabha, because the Vice-President`s  The Union Legislature (or) the Union
office itself carries no salary. In the event Parliament
of occurrence of any vacancy in the office  The Union Executive
of the President by reason of his death,
In the previous unit you have learnt about
resignation or removal, or otherwise, the
the Union Legislature. Let us now deal with
Vice-President shall act as President until
Union Executive. You should remember
a new President is elected. This period
that articles 52 to 78 in Part V of the Indian
shall not exceed six months. While acting
Constitution deal with “Union Executive”.
as President the Vice-President gets salary,
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India has adopted the British portfolios among the ministers on the
Parliamentary executive mode with advice of the Prime Minister. The Prime
the Prime Minister as the Head of the Minister may keep any department or
Government. Prime Minister is the most departments under his control; he may
important political institution. But in the also advise the President to reshuffle
council of Ministers (Cabinet) the Prime portfolios of his ministers from time to
Minister is primus inter pares (first among time; he may bifurcate of trifurcate a
equals). department or have different departments
amalgamated into one department.
Appointment
The Constitution does not contain The Prime Minister`s pre eminent
any specific procedure for the selection position is evident from these points:
and appointment of the Prime Minister.
1.
S(he)is the leader of the party that
There is no direct election to the post of
enjoys a majority in the popular House
the Prime Minister. Article 75 says, the
of the Parliament (Lok Sabha).
Prime Minister shall be appointed by
the President. Appointment is not by the 2.
Has the power of selecting other
choice of the President. The President ministers and also advising the President
appoints the leader of the majority to dismiss any of them individually or
party or the coalition of the parties that require any of them to resign.
commands a majority in the Lok Sabha, as
the Prime Minister. In case no single party 3. The allocation of business amongst the
gets a majority, the President appoints the Ministers is a function of the Prime
person most likely to secure a majority Minister. He can transfer a minister
support. The Prime Minister does not have from one Department to another.
a fixed tenure. He/she continues in power
so long as he/she remains the leader of the 4.
Is the Chairman of the cabinet,
majority party or coalition. summons its meetings and presides
over them. The Prime Minister is also
Functions and Position
the Chairman of many bodies like
The first and foremost function of Inter-State Council, Nuclear command
the Prime Minister is to prepare the list of Authority and many more.
his ministers. He meets the President with
this list and then the Council of Ministers 5.
Is in-charge of co-coordinating the
is formed. Very important ministers are policy of the government and has
designated as Ministers of the Cabinet accordingly a right of supervision over
rank, others are called Ministers of State, all the Departments.
while ministers belonging to third rank
are known as Deputy Ministers. It is one 6.
While the resignation of a Minister
of the discretionary powers of the Prime merely creates a vacancy, the resignation
Minister to designate a minister as Deputy or death of the Prime Minister means
Prime minister. The President allocates the end of the Council of Ministers.
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7. The Prime Minister is the sole channel of (PMO). The Prime Minister`s Office is an
communication between the President agency meant for providing secretarial
and the Ministers and between the assistance and advice to the Prime
Parliament and his Ministers. He/ Minister. It is an extra constitutional body
she is the chief spokesperson of the which offers important role in the top
government in foreign affairs. level decision making process of the
Government of India. The Prime
Prime Minister’s Office Minister`s Office has the status of a
Meaning department of the Government of India.
The Prime Minister`s Office came into
Being the head of the government existence in 1947. Till 1977 it was called
and the real executive authority, the Prime Prime Minister`s Secretariat (PMS). The
Minister plays a very vital role in the Prime Minister`s Office is headed
politico- administrative realm of our politically by the Prime Minister and
country. In order to fulfill his administratively by the Principal
responsibilities, the Prime Minister is Secretary.
assisted by the Prime Minister`s Office
The Prime Minister’s office performs several functions

Functions
1. Assists the prime minister in his overall responsibilities as head of the government,
in maintaining communication with the central ministries/departments and the
state governments.
2. Helps the prime minister in his responsibilities as chairman of the Niti Aayog and the
National Development Council.
3. Looks after the public relations of the prime minister like contact with the press and
general public.
4. Deals with all references, which under the Rules of Business have to come to the
Prime Minister.
5. Provides assistance to the Prime Minister in the examination of cases submitted to
him for orders under prescribed rules.
6.
Maintains harmonious relationship with the President, Governors and foreign
representatives in the country.
7. Acts as the `think- tank` of the Prime Minister. It deals with all such subjects that are
not allotted to any department/ministry.
8. It is not concerned with the responsibility of the Prime Minister as the chairman
of the union cabinet. The cabinet cases are directly dealt by the cabinet secretariat,
which also functions under the direction of the prime minister.
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3.4.2 Central Council of Ministers Shadow Cabinet
Article 74th of the Constitution In England, opposition party in
lays down that there shall be a council parliament constitutes, a group of its
of ministers with the Prime Minister as members to examine portfolio wise issue
the head to aid and advise the President, through they are not the real executive.
who shall in the exercise of his functions, This tradition keeps the opposition well
act in accordance with the advice of the informed, and makes the government
council of ministers. That means, there always on alert.
shall always be a council of ministers. The
President accepts the advice of the Council Activity
of Ministers. The Council of Ministers
consists of three categories of ministers, Students are requested to form groups
namely, cabinet ministers, ministers of the Shadow Cabinet model in India.
state and deputy ministers. While the
Cabinet ministers are involved in policy Collective and Individual responsibility
decision making, the other two categories of the Council of Ministers
have mere administrative responsibilities.
The difference between them lies in The Constitution of India provides
their respective ranks, emoluments and that the Ministers are collectively and
political importance. At the top stands the individually responsible to the Lok Sabha.
Prime Minister, the supreme governing The collective responsibility of the
authority of the country. Council of Ministers means that the entire
council of ministers is jointly responsible
Appointment of the Council of Ministers to the Lok Sabha for all the acts of the
government. It also means that the
Under Article 75th of the ministers must not speak in public in
Constitution, the Prime Minister is different voices. All the ministers of the
appointed by the President and the other government are expected to be unanimous
ministers are appointed by the President in support of policies on all public
on the advice of the Prime Minister. The occasions and issues.
ministers hold office during the pleasure
of the President. While the ministers are Have you heard of kitchen cabinet….?
also appointed by the President and are
A Kitchen Cabinet is a still smaller
said to hold office during the pleasure of
body or a cabinet within a cabinet. It is
the President as per the Constitution, in
an informal body and the real centre of
actual practice, the ministers are selected
power. Every Prime Minister in India
by the Prime Minister and the President
had a Kitchen Cabinet or Inner Cabinet.
cannot appoint any one not recommended
A circle within a circle. It helps the
by the Prime Minister.
Prime Minister in maintaining secrecy
in making decisions on important
political issues.
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3.4.3 The Union Cabinet Cabinet Secretary
A Cabinet is the council consisting Every cabinet minister is assisted

of ministers of Cabinet rank. It is the inner by a cabinet secretary. Among them the
body within the council of ministers. cabinet chief secretary is given a top place
It is an extra constitutional authority among the civil servants in the official
created out of the council of ministers. ladder. He is the chairman Senior Selection
The whole council of ministers does not Board that selects officers for the post of
meet to discuss business, it is the cabinet joint secretary in the central secretariat.
which takes policy decisions and advises He presides over the conference of chief
the President. The Cabinet is the highest secretaries which is held annually. He
decision making executive body which acts as the chief advisor to the Prime
looks after the administrative affairs of Minister on all aspects of administration
the Government of India. It is the nucleus and policy. He acts as the link between
of the council of ministers. Prime Minister`s Office and various
administrative agencies and also between
Role and functions of the Cabinet: civil service and the political system.
1. The Cabinet is the highest decision
making and policy formulating Activity
authority in our politico-administrative
Make a list of the following-
system.
1. Prime Ministers of India till latest
2. It deals with all major legislative,
2. Any five Cabinet Ministers and their
financial and foreign policy matters.
ministries each at the Union level and
in your state.
3. It exercises control over higher
appointments like constitutional
authorities and senior secretariat
3.5. The Executive of the
administrators.
Constituent State
Introduction
4. It recommends ordinances, when
the parliament is not in session and Articles 153 to 167 in Part VI of
supervises the implementation of the Indian Constitution deal with the
policies. State Executive. The same pattern of
parliamentary form of government is
5. It appoints enquiry commissions and followed in the states. The state executive
resolves inter-departmental disputes. consists of the Governor, the Council of
Ministers headed by the Chief Minister. At
6. It is entitled to recommend to the the head of the executive power of a State is
President declaration of emergencies, the Governor just as the President stands
dissolution of the Lok Sabha, proroguing at the head of the executive power of the
and adjourning the parliament sessions. Union. All states of the Indian Union have
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Book 1.indb 66 24-04-2019 20:34:16

the same pattern of government. Some  is a citizen of India
States have Bicameral legislature and some  has completed the age of 35 years
states have unicameral legislature.  does not hold any other office of
profit
Part VI of the Constitution which
deals with the government in the states, is  is not a member of parliament or
not applicable to the state of Jammu and state legislature.
Kashmir, which enjoys a special status
Term of office and position
and has a separate constitution of its own
(Article 370). The prescribed term of office for the
Governor is 5 years. But he holds office
The State Executive
at the pleasure of the President. (Article
 The Governer. 156). He may be removed by the President
 The Council of Ministers Headed at any time. He may be transferred by the
by the Chief Minister. President from one state to another too.
The Governor draws a salary which is
3.5.1 The Governor fixed by the parliament. He is also entitled
to certain allowances and benefits.
Provision for Governor
Article 153 of the Constitution lays As per the Constitution of India, the
down that there shall be a Governor for Governor is the constitutional and
each state. Normally, there will be a executive head of the state. The executive
Governor for each state but the constitution power of the state is vested with the
amendment of 1956 makes it possible to Governor. All executive actions are carried
appoint the same person as the Governor on in the name of the Governor. In actual
for two or more states. practice, the real executive powers of the
State lie with the council of ministers
headed by the Chief Minister. The
Debate Governor acts according to the advice of
the council of ministers, who are
What happens if the President and collectively responsible to the legislative
the Prime Minister disagree about some assembly of the state.
policy ? Whose view would prevail and
why ? Activity
Appointment of the Governor  Who is a Lieutenant Governor?

 Find out which places in India
The Governor of a state is appointed
possess a lieutenant Governor?
by the President of India. (Article155). No
person shall be appointed as a Governor  Write two or three sentences about
unless he/she: the lieutenant Governors of India.
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The Governor of a state has more powers and performs a number of functions. The
powers and functions of the Governor are:
1. Executive Powers
(i) The Governor is the executive head of the State Government. The executive powers
of the Governor are to be exercised by him either directly or through officers
subordinate to him (i.e., ministers). (Art. 154). All executive actions are taken in his
name. His executive powers extend to the administration of all matters included in
the State List.
(ii) The Governor appoints the leader of the majority party in the legislative assembly
as the Chief Minister. He appoints the other ministers of the council of ministers
according to the advice of the Chief Minister. The council of ministers hold office
during the pleasure of the Chief Minister, because the Governor acts in accordance
with the advice of the Chief Minister.
(iii) The Governor appoints the Advocate General of the state, the chairman and
members of the state public service commission, and determines the questions of
appointments, postings, promotions, etc. of the judges of subordinate courts.
(iv) The Governor is responsible for the smooth running of the administration of the
state. In case he finds that the constitutional machinery of the state has broken
down or the administration of the state cannot be carried on in accordance with
the provisions of the constitution, he may recommend to the President to proclaim
constitutional emergency and impose President’s rule under Article 356. During
the President’s rule, as there is no council of ministers, the Governor carries on the
administration of the state on behalf of the President.
2. Legislative Powers
The Governor is a part of the state legislature (Article 168). So, he has legislative powers.
His legislative powers cover the following
i) He summons prorogues and dissolved the legislative assembly.
ii) He addresses the members of the state legislature.

iii) Without the Governor’s assent, no Bill can become law even after it is passed by both
the houses. The Bills passed by the legislature are sent to the Governor for his assent.
He may give his assent or withhold it or may reserve the bill for the consideration of
the President. The bills maybe returned by the Governor for reconsideration. (It may
be noted that if the bill is again passed by the legislature with or without amendments,
the Governor has to give his assent.)
iv) Under Article 213, the Governor may promulgate ordinance during the period when
legislature is not in session. (However, for the continuation of such an ordinance, it
has to be approved by the state legislature within six weeks from the re-assembly of
the legislature.)
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v) In State where bicameral legislature exists. The Governor nominates one-sixth of the
members of the legislative council from among persons having special knowledge or
practical experience in respect of literature, science, art, co-operative movement or
social service. He may also nominate a person from the Anglo-India community to
the legislative assembly.
3. Financial Powers
The Governor has financial powers. His financial powers cover the following:
i) The finance minister submits the budget or financial statement before the legislature.
But no money bill can be introduced in the legislative assembly without the prior
permission of the Governor.
ii) No demand for grants can be made without the recommendation of the Governor.
iii) The Governor is the custodian of the contingency funds of the state from where
he can make payments to meet the emergency without the prior sanction of the
legislature.
4. Judicial Powers
The Governor has judicial powers. His judicial powers cover the following:
(i) He determines the questions of appointments, postings, promotions, etc. of subordinate
courts (ie., district courts and munsiff courts).
(ii) He may be consulted by the President of India, while making appointments of the
judges of the high court.
(iii) The Governor has the power to pardon, suspend, remit or commute the sentence of
any person convicted of an offence against any law relating to a matter to which the
executive power of the state extends.
5. Discretionary Powers
The Governor also has discretionary powers, i.e., he has the powers to act
independently using his wisdom and discretion. His discretionary powers relate to:
i) Appointing a new Chief Minister in a situation where no single party or leader
commands majority support.
ii) Dismissing a ministry where it refuses to resign even after losing majority support in
the house or after being defeated on a non-confidence motion.
iii) Dissolution of assembly on the advice of a Chief Minister who has lost majority
support.
iv) S ending to the President report about the failure of constitutional machinery and to
impose President’s rule in the state.
v) Giving assent to bills passed by the legislature.
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President’s Rule: The Governor has no Powers and functions of the Chief
emergency powers to meet the situation Minister
arising from external aggression or As the real executive head of the state,
armed rebellion, but he has the powers the Chief Minister enjoys wide powers
to make a report to the President that and performs a number of functions. The
the government of the state cannot important powers and functions of the
be carried on in accordance with the Chief Minister are:
provisions of the Constitution (Article
i) As the head of the council of ministers,
356), thereby inviting the President to
the Chief Minister has more powers in
assume to himself in the functions of
ministry-making. He can recommend
the government of the state or any of
appointment of ministers and
them.
designate them as cabinet ministers or
ministers of state or deputy ministers.
Advocate General He can change the portfolios of the
ministers. He can even recommend
Each state has an
the removal of ministers.
advocate general who is an official
corresponding to the Attorney-General ii) He presides over the meetings of
of India and having similar functions for the cabinet and makes major policy
the state. He is a person who is qualified decisions of the Government.
to be a judge of a High Court and he is iii) He acts as the sole channel of
appointed by the Governor. communication between the council
of ministers and the Governor. He
Activity communicates to the Governor all
the decisions of the cabinet relating
to administrative and legislative
Compare the powers of President
proposals.
and Government. Do you find any
difference? iv) He scrutinizes all papers, bills,
resolutions, etc. that are to be placed
3.5.2. Council of Ministers headed before the legislature.
by the Chief Minister v) Though, in theory, all major
appointments are made by the
Position of the Chief Minister
Governor, in practice, all such
The Chief Minister is the head of appointments are actually made on the
the cabinet and the council of ministers. advice of the Chief Minister.
In practice, he is the real executive head
of the state. As per Article 164(1) of the State Council of Ministers
Constitution of India, the Chief Minister Introduction
of a state shall be appointed by the
Governor of the State. Article 163(1) of the Constitution of
India provides that there shall be a council
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of ministers headed by the Chief Minister The State Cabinet
to aid and advise the Governor in the
The council of ministers consists of
exercise of his functions except when he is
cabinet ministers, ministers of state and
required by the Constitution to act in his
deputy ministers. Of the council of
discretion.
ministers, the cabinet ministers constitute
The state council of ministers is the state cabinet. The cabinet ministers of
formed in the same manner as the union the state cabinet are, generally, the
council of ministers is formed. The leader prominent ministers of the council of
of the majority party or coalition of parties ministers. It is headed by the Chief
in the legislative assembly is appointed as Minister. The cabinet takes decisions on
the Chief Minister by the Governor. The behalf of the council of ministers, and so,
other ministers in the council of ministers all the ministers are bound by the decisions
are appointed by the Governor on the of the cabinet.
advice of the Chief Minister. Creativity !
Activity Give a pictorial representation of the
collective responsibility of the State
 Make a list of the Chief Ministers of Council of Ministers
Tamil Nadu.
 Bring out the welfare schemes Debate
introduced by them.
 Write a few sentences of your Debate !!
favourite Chief Minister. Chief Secretary Vs Cabinet
 Make a collage of the welfare schemes Secretary
which were introduced especially for
Discuss….
women in your state.
The similarities and differences
Term of office of the council of ministers between Chief Secretary and Cabinet
Secretary.
As per the constitution, the council
of ministers hold office during the
Glossary
pleasure of the Governor. But, in reality,
the council of ministers hold office during  English West Minister Model :
the pleasure of the Chief Minister, because parliamentary system of government
the Governor acts on the advice of the developed in the UK representing a
Chief Minister. The council of ministers series of procedures for operating a
are individually responsible to the Chief legislature.
Minister. The council of ministers are
 Mandate : authority to act in a certain
collectively responsible to the legislative
way.
assembly of the state. That means, the
council of ministers shall speak in one  Unity : the state of being united or
voice. joined as a whole.
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Integrity : the state of being undivided
 Suspensive : relating to the suspension

and whole. of an event, action or legal obligation.
S olidarity : unity or mutual support
 Promulgating : put a law or decree

within a group or a nation. into effect by official proclamation.
Nomination : propose or formally
 Ordinance: an authoritative order.

enter as a candidate for election or for
Abrogation : the repeal or abolition of

an honour or for an award.
a law, right or agreement.
Ballot paper : a slip of paper used to

C ontingency : an incidental expense.

register a vote.
E x-officio : by virtue of one’s position

Oath : a solemn promise, often

or status.
invoking a divine witness, regarding
one’s future action or behaviour. Preside : be in the position of authority

in a meeting or other gathering.
Deemed : regarded or considered in a

specific way. C oalition : a temporary alliance for

combined action, especially of political
Emolument : a salary, fee or profit

parties forming a government.
from employment or office.
Discretionary : the freedom to decide

Impeachment : a charge of misconduct

what should be done in a particular
made against the holder of a public
situation.
office.
Portfolio : the position and duties of a

Resolution : a formal expression of

Minister or Secretary of State.
opinion or intension agreed on by
a legislative body or other formal Bifurcate : divide into two branches or

meeting, typically after taking a vote. forks.
Tenure : the period for which an office

 Trifurcate : divide into three branches

is held. or forks.
Void : not valid or legally binding.

 Amalgamate : combine or unite to

form one organization or structure.
Invoking : give rise to.

Spokesperson : a person who makes

Summoning : order someone to be

statements on behalf of a group or
present.
individual.
Proroguing : discontinue a session

Realm : a kingdom or a sovereign state.

of a parliament or other legislative
assembly without dissolving it. Unanimous : fully in agreement.

Veto : a constitutional right to reject

 Crisis : time of intense difficulty or

a decision or a proposal made by a danger.
lawmaking body. Proclaim : announce officially or

publicly.
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Dissolution : the action of formally
 Assent : the expression of approval or

ending or dismissing an assembly, agreement.
partnership or official body.
Aggression : the action of attacking

Adjourning : break off with the
 without provocation.
intention of resuming it later.
Rebellion : an act of armed resistance

L ieutenant : a deputy or substitute
 to an established government or leader.
acting for a superior.
Prominent : important.

Evalution
1. The President of India is
a.the real ruler of India
b.the constitutional head of the state
c.the head of the state as well as the government
d.the leader of the majority party which forms the government
2. The President of India can be removed from his office before the expiry of his
term by
a. the Chief Justice of India
b. the Parliament and State Legislatures jointly
c. the two Houses of the Parliament
d. the Supreme Court of India
3. On the death of the President, the Vice President succeeds him as President for
a. the unexpired term
b. a maximum period of six months
c. a maximum period of one year
d. a maximum period of three years
4. Who decides the disputes regarding the election of the Vice-President?
a. The Chief Justice of India

b. The Parliament
c. The President
d. The Supreme Court
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5. Which one of the following categories of ministers are members of cabinet?
a. Ministers with cabinet rank
b. Ministers of State
c. Deputy Ministers
d. All the above categories of Ministers.
6. The sole channel of communication between the President and the Council of
Ministers is
a. the Speaker of Lok Sabha
b. the Prime Minister
c. the opposition leader
d. the Vice-President
2. Proportional representation is NOT necessary in a country where

a) there are no reserved constituencies
b) a two-party system has developed
c) the first-past-post system prevails
d) t here is a fusion of Presidential and Parliamentary forms of government
8. The Commander-in-Chief of the defence forces is
a. the Defence Minister
b. the President of India
c. the Prime Minister
d. none of the above
9. The presiding officer of the Rajya Sabha is known as
a. the Speaker
b. the Chairman
c. the President
d. presiding officer
10. T
he maximum strength of Rajya Sabha is
a. 200 members
b. 250 members
c. 280 members
d. 300 members
11. U
nder the Indian Constitution, the Lok Sabha enjoys
a. an inferior position
b. a superior position
c. an equal position with Rajya Sabha
d. none of the above
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12. Which one of the following categories of emergency has not been declared so far?
a. National emergency
b. Emergency due to breakdown of constitutional machinery
c. Financial emergency
d. All the three equal number of times
13. The President nominates the members of Rajya Sabha from amongst persons
who
a. have taken part in India’s freedom struggle
b. have retired from active politics
c. have rendered meritorious service to the country
d. have distinguished themselves in fine arts, literature,social service,etc
14. The Prime Minister is the head of

a. State
b. Government
c. Both State and Government
d. Neither State nor Government
15. T
he members of the Council of Ministers are collectively responsible to
a. the Lok Sabha
b. the Rajya Sabha
c. both Lok Sabha and Rajya Sabha
d. Lok Sabha, Rajya Sabha and the President
II. A
nswer the following questions very shortly:
16. Define Executive and state the two important organs of the union government.
17. How is the electoral quota calculated?
18. Write a short note on State Cabinet.
19. What do you mean by the President’s rule?
20. Distinguish between Lok Sabha and Rajya Sabha.
21. What are the essential qualifications to be elected as the Vice-President of India?
22. What does the President swear in his oath upon entering his office?
III. Answer the following questions shortly:

23. What are the conditions, emoluments and allowances of the President’s office?
24. State the functions and duties of the Vice-President.
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25. How is the President elected? Brief about electoral quota.
26. Write a note on the collective and individual responsibility of the council of
ministers.
27. What are the powers and functions of the Chief Minister?
28. Write a note on the State Council of Ministers.
29. Write a brief note on the appointment, term of office and position of the Governor.
IV. Answer the following questions in detail:

30. What are the functions and powers of the President?
31. Explain in detail the functions and position of the Prime Minister.
32. What are the functions of the Prime Minister’s Office?
33. Elaborate on the powers and functions of the Governor.
34. Write a detailed note on the Union Cabinet.
Reference Books
 Gyanender Singh(2008), Indian Constitution and government, Omega
Publications, New Delhi.
 J.C. Johari (2013), The Constitution of India: A Politico-Legal Study, Sterling
Publishers Pvt. Ltd.,New Delhi.
 M. Laxmikanth(2008), Indian Polity, Tata Mcgraw-Hill Publishing company Ltd,
New Delhi.
 B.S. Raman (2011), Constitution of India, United Publishers, Mangalore.
 Durga Das Basu (1997), Introduction to the Constitution of India, Prentice –Hall
of India Pvt, Ltd.,New Delhi.
 J.C. Johari (2004), Indian Polity, Lotus Press, New Delhi.
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ICT Corner
Executive
Through this activity you

will learn Name of Chief
minister’s of other states
Procedure:
Step - 1 Open GOOGLE and type Chief Ministers of India -Quiz (or) Scan the QR
Code.
Step - 2 Click PLAY QUIZ
Step - 3 Click the correct name of the Chief Minister (Eg.TAMIL NADU)
URL:
https://www.sporcle.com/games/staarmaan/chief-ministers-of-india
*Pictures are indicative
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4
Unit
Indian Judiciary
Learning Objectives
 T
o discuss the nature and significance of Indian Judiciary.
 T
o trace the evaluation of Indian Judiciary.
 T
o examine the features of the Indian Judiciary.
 T
o evaluate the role of the judiciary as the interpreter of the constitution.
 T
o discuss the factors promoting the independence of judiciary.
 T
o explain the nature and significance of judicial review, public interest litigation and
judicial activism.
 T
o know light on the nature of constitutional law, administrative law and Indian Penal
Code.
 T
o explain the organization, power and functions of the Supreme Court of India.
 T
o know light on the organization, powers and functions of the High Courts and
Subordinate Courts.
What does the judiciary exactly do? I see people trusting the judiciary more than
the legislature and the executive.. Whenever their rights are violated, they look up to the
judiciary and are so confident that their rights and privileges will be safeguarded..
The judiciary is one of the three

Supreme Court of India Quotable
uote organs of the government, the other
two being the Legislature and the
“The Supreme Court, an all-India Executive. The judiciary is engaged in
Court, will stand firm and aloof from the interpretation of law and serves
party politics and political theories. as a protector of the constitution.
It is unconcerned with the changes in It guarantees the administration of
the Government. The Court stands to justice and protects the individual from
administer the law for the time being encroachments of rights and privileges by
in force, has goodwill and sympathy the government and the other individuals.
for all, but is allied to none”- Hon’ble The establishment of an independent and
Sri Harilal J. Kania, First Chief Justice impartial judiciary is a pre-requisite for
of India. the functioning of a civilized state. The
judiciary assumes greater importance in a
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Thirukkural
1. Recite Thirukkural verses for bail

In February, a Tamil Nadu court reportedly ordered three college students, arrested
in an assault case, to recite 100 verses of Thirukkural treatise by poet-saint Thiruvalluvar
daily for 10 days as a condition for granting bail.
The court in Mettupalayam ordered the students, who were charged with assaulting
a person, to appear before a Tamil teacher in the Government Boys High School in the
area to recite the verses.
The court also asked the head of the school to issue a certificate to the students at
the end of the 10th day.
2. Madurai Bench paves way for in-depth study of Tirukkural
One of the most significant contribution of the Madurai Bench of the Madras
High Court towards promoting the cause of Tamil is a direction issued to School
Education Department in 2017 to make 108 out of the 133 chapters of Tirukkural a part
of school syllabus. The Madurai Bench direction led to passing of a G.O. for teaching
1050 couplets to students from the academic year 2017-18.It also ensure that students
from Class VI to XII get to learn the couplets and their intended meaning in depth and
not just superficially as was being done all these years.
Tirukkural is perhaps the only ancient secular text from India that has been
translated into 60 languages the world over.
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federal polity such as India as it also acts However most of the disputes
as a protector of the federation resolving were settled and disposed of at the
the conflicts of jurisdiction between the local level through caste bodies or local
Centre and the States. administrative bodies. Extreme cases like
treason were tried in the king’s court. There
Group Activity was no regular system of jurisprudence
or judicial procedures. Most often the
What Do You Think?
accused was to prove his innocence either
After carefully reading three case studies through evidences and witnesses or
read the qualification of a judge given in through subjection to different kinds of
this chapter. ordeals such as ordeal by fire, ordeal by
What kind of a person makes a good water and ordeal by poison.
judge? Discuss with your team members.
Write a paragraph not more than 250 Punishments (penal system) was
words on what your team would look severe and even barbaric System if blood
for in a person before appointing him or money was in vogue (less was to be
her as a judge. replaced with material compensation)
Whipping, flogging, amputation of limbs,
Each group consists of 5 members.
impalement, rigorous imprisonment,
Display your group work in the
enslavement, banishment, confiscation
classroom Notice Board.
of property, beheading, hanging and
trampling by elephants were some of the
4.1 Evolution of Indian Judiciary punishments meted out to the culprits. In
kingdoms which came under Brahmanical
Judicial System in Ancient India influence, smritis were invoked in trial as
India has been a Sub – Continent of well as in awarding punishments.
different races, different cultures, different
languages and a multitude of political and There were a number of smritis
social systems. In ancient times, as well as such as Manusmrits, Narada Smriti, and
in the medieval times, none of the Indian Yagnavakya Smritis : of which manu
states was segregating judicial functions Smriti was held as a core Smriti, other
from the executive. During the Vedic smritis had certain variatious. The
period, the authority of the head of the Smritis generally upheld the graded varna
family (Kulapa or Kulapato) was insulated – Jati social order. There was no ‘equality
from royal interferences; Similarly the before law’ Concept. Brahmins were
clannish or tribal bodies like Grama, Gopa, mostly insulated from regular procedures
Vishaya, Jana and Gana enjoyed autonoms and regular punishments, on any account,
powers. In the ancient Indian monarchical Brahmins, even if they committed the most
orders, the king was considered to be the heinous crimes, were to be exempted from
highest judicial authority. As king’s will physical torture, amputation, impalement
was the law, his word was the highest and or capital punishment. On the other hand
absolute verdict in disputes. the depressed castes were subjected to
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severe ordeals and extreme punishments; local bodies like Ur, Urar, Nadu, Nattar
changing of caste based occupations was and Nagarathar had their own judicial
treated (Varna Sangraha) as a serious arrangements.
crime.
The Buddhist kingdoms (like that of
Arthasstra suggests disproportionate Asoka) mostly disregarded smritis and
punishments for restricting instances of enforced some sort of equal treatment to
crimes; penalties levied on culprits, and various social groups in matters of judicial
confiscation of properties as a major source disputes. Asoka removed cruel
of royal income. The smritis treated women punishments, and even instructed his
as inferior humans, and were prejudiced official to be more humane and
against them even in matters of inheritance. compassionate towards prisoners. The
The Sudras, and Panchamas were ineligible episode involving Kovalan’s execution in
for a fair trial and fair punishment. Trade Silappadikaram reveals the defects in the
disputes were mostly settled through guilds system of judicial procedure. Though high
(SRENIS), Similarly each artisan group had moral stature of the adjudicating officials
its own guild to resolve disputes within. were insisted in literature, we very often
The Mahasabhas of the Pallava – Pandya- found arbitrariness in judicial trial and in
Chola empires insulated Brahmins from awarding exemptions or punishments.
regular system of justice. The Mahasabha’s There was no rule of law but rule of the
variyam (Dharma variam, Nyaya vasiam) powerful authorities that we find in
settled issues within the mahasabhas. The ancient India.
Ordeals
Trail by Balance: A palm leaf chit, Ordeal of Fire Ordeal of water : The
with the alleged crime inscribed on it : The accused accused was made to drink
was placed on one side of the balance, was made to walk the water used to clean the
and the accused was to sit on the other through fire and was idol was deemed innocent
side of the balance. If the plate of the deemed innocent if it had no harmful effects
balance on while the accused came only if the person on him within the next 14
down, the accused was declared guilty suffered no injury. days.
Ordeal of lot : The Ordeal of Rice Grains : The

Ordeal By Poison : The
accused was asked draw accused was made to chow rice
accused was made to consume
from the lot and was without the husk being removed
poison and was deemed
deemed innocent if he and the presence of blood stains
innocent only if did not have
chose the lot of dharma. in his mouth resulted in the
any effect on the person.
person being declared guilty.
Ordeal of Fountain - Cheese : The accused was compelled to drink a potion that could
make him/her delirious and was deemed guilty if the person confessed the crime.
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In medieval India, the Muslim The King’s Court was presided over
rulers had faced a peculiar situation, by the Sultan and the Court had both
where the majority of their subjects original and appellate jurisdiction. It was
were Non-Muslims. While they applied the highest court of appeal and in the
Islamic law in cases where Muslims and administration of justice, the Sultan was
Muslim interests were involved, they assisted by Muftis (legal experts). Diwan-
preferred a policy of Non-intervention Al-Mazalim and Diwan-e-Risalat are the
in the socio-religious affairs of the Non- highest courts of appeal in criminal and
Muslims, hence allowed the traditional civil matters respectively. Though these
system of justice in the rural areas. The Courts were to be officially presided over
Muslim rulers made a clear distinction by the Sultan, he seldom attended the
between civil and criminal disputes and sessions of the Courts. In the absence of
assigned deferent system for each of them. the Sultan, the courts were presided over
However, in cases of blasphemy extreme by Qazi-ul-Quzat, the highest judicial
punishment were awarded to the accused. officer of the State. But later, the post of
Sadre Jahan was created making him the
4.2
Judicial System in Medieval
de-facto head of the judiciary. The Sadre
India
Jahan’s Court and the Chief Justice’s
In Medieval India, the Sultan/Sultana Court remained separate for long until
was the supreme authority administering amalgamated later by AlauddinKhilji.
justice in his/her kingdom. He / She The Chief Justice’s Court dealt with both
administered justice in the following civil and criminal cases and the Chief
capacities namely Diwan-e-Qaza Justice was assisted by judges who were
(Arbitrator), Diwan-e-Mazalim (Head men of ability and integrity and were
of Bureaucracy) and Diwan-e-Riyasat greatly respected. Mufti, Pandit, Mohtasib
(Commander-in-Chief). There existed a (in charge of prosecutions) and Dadbak
systematic classification and organization (administrative officer) were the officers
of courts in Medieval India. The attached to the Chief Justice’s Court. The
administrative divisions were the basis for Diwan-e-Siyasat was primarily a court
judicial organization. The jurisdiction of dealing with cases of high treason.
courts at the Capital, Provinces, Districts,
Parganas and Villages were clearly 4.3
Judicial System in Modern
demarcated. Generally, at the Capital of India
Sultanate, the following six courts were The East India Company was
established. incorporated in 1601 by the Charter of
The King’s Court
 Queen Elizabeth I. The Charter granted
Diwan-Al-Mazalim
 recognition and authority to the Company
to facilitate the regulation of trade. With
Diwan-e-Rialat

regard to the administration in Madras,
Sadre Jahan’s Court
 the Charter of 1661 led to the appointment
Chief Justice’s Court
 of Governor and the Council in each of its
Diwan-e-Riyasat

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settlement. Once the company became a authority over Bombay. The proclamation
territorial power, especially at Madras, it of 1672 introduced English Law in
introduced an adhoc system of judicial Bombay and the Court of Judicature and
administration, in which the existing the new central court was established. The
native systems were accommodated, as application of English law was confined to
the company preferred a policy of non- cases involving Europeans and European
intervention in native affairs. The interests. The court exercised jurisdiction
Governor and the Council were over civil, criminal and testamentary
empowered to decide on both civil and cases. Further, Justices of Peace were
criminal cases in accordance with the law appointed to administer criminal law.
of England. However, in disputes After examining the witnesses and making
involving only the natives the native an initial enquiry, the cases were moved
traditions were continued. The year 1665 to the Court of Judicature. However,
was of great significance as it witnessed the invasion of Sidi Yakub, the Mughal
the first trial by jury in Madras in the case Admiral led to the dissolution of courts
of Mrs. Ascentia Dawas during the in Bombay in 1690. After 12 years, in
Governorship of Fox Croft. The 1718, the Court of Judicature was revived.
appointment of Streynsham Master as the The court had jurisdiction over civil and
Governor in 1678 resulted in the criminal matters. Though the court met
reorganization of the judicial system of only once a week, it was highly regarded
Madras. The Court of the Governor and for its speedy trial and impartial decisions.
Council came to be known as the High
Court of Judicature and English was With regard to the Calcutta
declared as the court language. The Presidency, the Governor and the Council
Charter of 1683 led to the Company were endowed with judicial powers. In
establishing Courts of Admiralty to try the case of civil and criminal matters, the
traders committing various crimes on Company followed the already existing
high seas. The Charter of 1687 authorized Mughal system of judicial administration.
the Company to create the Corporation of The Faujdari Court presided over by the
Madras and the Mayor’s Court was English Collector decided on the criminal
attached to it. It functioned as a court of cases and the civil cases were referred
record for the Madras town. to an arbitrator by the Collector. The
Collector played a very important role
in the judicial administration of Calcutta
Activity
and the office dealt with civil, criminal
Read more about the case of and revenue cases.
Mrs. Ascentia Dawas, the first trial by
jury in Madras. Thus, the Charter of 1687 applied
only to Madras while the Charter of 1726
With regard to the administration constituted a Mayor’s Court in each of
of justice in Bombay, the Charter of 1668 the three Presidencies. The Charter of
authorized the Company to exercise judicial 1753 further reformed certain judicial
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provisions of the Charter of 1726. It also Cornwallis Code and it dealt with both
set up five courts namely the Court of civil and criminal justice. He reorganized
Requests, the Mayor’s Court, the Courts civil courts, abolished court fees and
of the President and the Council, and the reformed criminal courts. Lord Minto after
King-in-Council. Another landmark in being appointed as the Governor- General
the evolution of Indian judiciary was the of Bengal in 1807 increased the powers and
Warren Hasting’s Plan of 1772. It regulated jurisdiction of the various courts. Lord
the system of judicial administration. In Hastings who became Governor General in
1780, he also reorganized the Provincial 1813, introduced many reforms in the civil
Adalats. and criminal judicature of the country.
Eﬀorts were taken to curb red-tapism in
One of the major development in the the administration of justice. He was
field of judiciary during the colonial
period was the codification of native laws.
Calcutta High Court

Warren cornwalli’s
Hasting
The first Governor General Warren

Hasting caused the codification at Hindu
Law, and cornwalli’s code was another
major contribution. Similarly the Islamic
law was also codified and adopted in Bombay High Court
courts.
The Regulating Act of 1773

empowered the Crown to establish the
Supreme Court of Judicature in Calcutta
and the Charter of 1774 expounded on the
jurisdiction of the court. However, the
Supreme Courts were not established at
Bombay and Madras during the same Madras High Court
period. The Supreme Courts were
established in Madras and Bombay in the succeeded by Lord Bentinck who
years 1801 and 1824 respectively. In 1793, reorganized and consolidated the whole
Lord Cornwallis prepared “A Set of system of judicial administration in India.
Regulations” popularly known as the He abolished the Provincial Courts of
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Appeal and their functions were transferred criminal cases they also act as the protector
to District Diwani Adalats. Between 1834 and interpreter of the Constitution.
and 1861, the King’s Court and the
Company’s Court formed the dual system Source: Sumeet Malik, V.D. Kulshreshtha’s
of courts with separate jurisdictions. The Landmarks in Indian Legal and
Indian High Courts Act of 1861 empowered Constitutional History, EBC Publishing
the Crown to establish the High Courts of Private Ltd, Lucknow, 2017.
Judicature at Calcutta, Madras and Bombay
and this also led to the abolition of Supreme Activity
Courts. This was considered a landmark in
Compare And Contrast
the evolution of High Courts in India.
1. Comparing Judicial System in ancient
Later, the Government of India Act of 1935
and medieval period. Refer the topics
eﬀected considerable changes in the nature
in your text book and complete the
and jurisdiction of the High Courts.
Venn Diagram
Between independence and the
enforcement of the Constitution, seven Ancient period Medieval period
High Courts at Punjab, Assam, Orissa,

Rajasthan, Travancore, Mysore and Jammu
Common
and Kashmir were established. The other
High Courts were established later. The
Constitution of India after being enforced
recognized all the existing High Courts
and empowered the Parliament to establish With respect to the establishment
High Courts for all the States or combined of the Supreme Court of India, the
High Courts for two or more States and Government of India Act, 1935 is a
Union Territories. The 42nd Constitutional landmark legislation. The Act attempted
Amendment Act, 1976 brought in drastic to change the structure of the Indian
changes in the jurisdiction of the High government. There was a shift from a
Courts. ‘unitary’ to a ‘federal’ type of government
necessitating the need of a Federal Court.
Thus, in the very beginning, there Thus, the Act made specific provision in
were only the three High Courts of this regard and the Federal Court was
Calcutta, Madras and Bombay. The Acts inaugurated in the year 1937. It consisted
and regulations prior to independence of a Chief Justice and six judges. In 1950,
brought in remarkable changes in their the Federal Court of India was succeeded
organization and jurisdiction, thereby by the Supreme Court of India. The
ensuring their independence and Federal Court in its short span of 12
impartiality. After the enforcement of the years left an indelible impact on the legal
Constitution, their positions have been history of India. It was the first court with
strengthened and apart from their original a national jurisdiction. It was from this
and appellate jurisdiction in civil and Federal Court that its successor inherited
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the traditions of independence, integrity and impartiality. Also, between 1726 and 1833,
the role of the Privy Council requires special mention. It contributed immensely to the
judicial system of India, laying down the fundamental principles of Indian law that serve
as a beacon to the Indian Courts even today.
Activity
A landmark verdict
In a blow to both the Chhattisgarh
government and the Centre, the Supreme
Court has declared as illegal and
unconstitutional the deployment of tribal
youths as Special Police Officers - either
as ‘Koya Commandos’, SalwaJudum or any
other force - in the fight against the Maoist
insurgency and ordered their immediate
disarming. The ruling - issued by Justice B.
Sudershan Reddy and Justice S.S. Nijjar on
the writ petition filed by social anthropologist
Prof. Nandini Sundar and others - strongly
indicted the State for violating Constitutional
principles in arming youth who had passed
only fifth standard and conferring on them P EA
CE T A KS
the powers of police. L
Writing the order, Justice Reddy directed

the State of Chhattisgarh to immediately cease
Courtesy :The Hindu,10.3.2005.
and desist from using SPOs in any manner or
form in any activities, directly or indirectly, aimed at controlling, countering, mitigating
or otherwise eliminating Maoist/Naxalite activities in the State of Chhattisgarh. The
Bench made it clear that the State of Chhattisgarh should take all appropriate measures
to prevent the operation of any group, including but not limited to SalwaJudum and
Koya commandos, that in any manner or form seek to take law into private hands, act
unconstitutionally or otherwise violate the human rights of any person. The Bench
said “The primordial value is that it is the responsibility of every organ of the State to
function within the four corners of constitutional responsibility. That is the ultimate
rule of law.”
Courtesy : The Hindu,3.8.2011.
Group Discussion
Teacher can organise a Group Discussion about the landmark judgement of the Supreme
Court of India. Time allotted : 20 minutes
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(2). The High courts in the constituent
Activity states and
(3). The District and Sessions Courts in
Read more about the Privy
the judicial districts in every state/
Council and have a discussion in class
about its significance in the evolution
of judicial administration in India.
Sir Hari Singh Gour

In 1921, Sir Hari
Singh Gour was the
first person in the legal
history of India to
realize the necessity of
Activity
establishing an All-India Newspaper Follow-Up
Court of Final Appeal in
Follow the newspaper for one
place of the Privy Council.
month and collect news items related
The Indian Independence Act, 1947 to civil cases in the District and Session
resulted in the transfer of political power court,High court and Supreme Court
and this necessitated the establishment of of our country. Write the headlines of
a separate and independent judicial body. the news in the Chart. Display the chart
With this objective, the jurisdiction of in the notice board or present your
the Federal Court was enlarged and the collections in the classroom.
Abolition of the Privy Council Jurisdiction
Act, 1949 was passed making the Federal The constitution also provides for an
Court of India the highest judicial body in independent judiciary i.e. independence
the country. With the enforcement of the of the Executive and the legislature. In a
Constitution on 26 January 1950, Article democratic federal polity like India. The
124 provided for the establishment of the Supreme Court assumes a much bigger
Supreme Court of India. Thus, there has note as the guardian of the constitution,
been a slow and steady evolution of the as an arbitrator in disputes between
Indian judicial system and it has proven States and the union Government and
to be better and wiser with time. in disputes among the States, and as the
highest appellate Courts in all civil and
4.4 Supreme court of India criminal cases. It is endowed with the
Uniqueness – sources of Law – onerous responsibility of safeguarding
Jurisdiction and powers – Organization and enforcing the fundamental rights and
The Constitution of India provides for a freedoms of all citizens of India/ However,
three - tier judicial system: unlike the federal system in the USA, the
constitution of India of India does not
(1). The supreme court of India provide for two sets of judiciary (one as
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federal, another for states). India has original and appellate jurisdiction. It
only a unitary judiciary system, with the can issue writs of Habeas Corpus, Writ
Supreme Court as the apex Court, with of Mandamus, writ of prohibition, writ of
authority over all other Courts if India. Certiorari and the writ of Quo warranto.
The Sources of Law : The Constitution The Supreme Court is the highest or
becomes the fountain source of law in Apex appellate Court in India, where
India. Statutes enacted by legislatures appeals against judgments of High Courts
of the union, State or Union Territories can be made; ( in both civil and criminal
become another sources of law as long as cases)
these are in conformity the basics of the Debate
Constitution. Besides the subordinate
legislations in the form of rules, regulations Topic : Justice delayed is justice denied
as well as by – laws of any administrative Justice comes slowly in smaller
body, unless and until negated by the courts, with 2.91 crore cases pending
judiciary constitute the third source of
law.  W
ith more than 8 lakh cases pending
in district and subordinate courts,
Uttar Pradesh tops the list of states
Integrated Judiciary
with the highest number of decade-
“The Indian Federation, old-court cases.
though a dual polity, has no dual
 A
s per the National Judicial Data
judiciary at all. The High Courts and
Grid, there are 2.91 crore cases
The Supreme Court Constitute one
pending in district and subordinate
single integrated judiciary having
courts, out of which 21.90 lakh cases
jurisdiction and providing remedies in
are pending for more than 10 years.
all cases under the constitutional law,
The Civil law or the criminal law. This  U
ttar Pradesh is followed by Bihar,
is done to eliminate all diversities in a with more than 3 lakh pending cases,
remedial procedure” and Maharashtra with over 2 lakh
cases. Sikkim and Andaman and
-Dr. B. R. Ambedkar Nicobar are at the bottom with two
and no pending cases, respectively.
Jurisdiction and powers on the Supreme
Court: The Supreme Court has original,  T
eacher can organise a Critical
appellate and advisory jurisdiction. The Debate on “Justice delayed is justice
original jurisdiction of the Supreme court denied”. Learners can be divided
extends to all cases which can originate in into two groups. One group may
the Supreme court. These include disputes justify the topic and another group
between the Government of India and one may disagree.
or more States, or between two or more
The Supreme Court of India has also
States. In disputes involving fundamental
been vested with certain advisory powers.
rights, the Supreme Courts has both
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The president can seek its advice on any judges wants to lay down office, he can
legislative measure. However the advice do so through an hand written signed
of the Supreme Court is not binding on resignation letter to the president; the
the president (Article - 143). Parliament can remove a Judge through
an impeachment. To be considered for
The Supreme Court functions as the the office of Judge, one must be a citizen
guardian of the constitution; It is the final of India and his qualification is per the
authority to interpret the constitutional Parliament’s decision, and the should
law, and has the authority to declare any have been judge of High court at least for
law or executive action, or judgments a period of 5 years; or an advocates of a
of lower Courts ‘null and void’ if the high court or of two or more such courts
Supreme court find them against the letter in succession for at least 10 years or the
and spirit of the constitution. It is also the person must be, in the opinion of the
apex agency to safeguard the fundamental president, a distinguished jurist.
rights listed out in the Constitution.
Impeachment
Organization of the Supreme Court
A Judge of the supreme Court
The Supreme Court of India has try an order of the president, after an
been established by part V, Chapter IV address by each House of the Parliament
of the Constitution of India. Articles supported by a majority of the total
124 to 147 of the Constitution lays down membership of that house and by a
the composition and jurisdiction of the majority of not less than two thirds of
supreme Court of India. Originally the the members of the house present and
Constitution provided for the chief Justice voting in the same session.
and seven lower ranking Judges. The
Constitution enables the Parliament to Appointments are generally made on
increase this number. By 2008 the number the basis of seniority
of judge have been increased (from eight)
to 30. Justice K.G. Balakrishnan
in 2000 became the first
As to the appointment of the judge from the depressed
Supreme Court judges, The Chief Jostle class. In 2007 he became
of India should consult a “Collegium” of the first Dalit Chief Justice
four senior most judges of the Supreme of the Supreme Court.
court, The Collegium makes the decision
in consensus. Every Judge of the supreme The Supreme Court of India under
Court is appointed by the President after the present Constitution commenced
consultation with the cabinet and the functioning on January 28, 1950. It was
Judges of the Supreme court, and such placed then in the Chamber of Princes
Judges shall hold office until they attain in the Parliament. It moved to the
the age of sixty five years. If any of the present building in 1958.
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Harilal J. Kania was the first as a Judge one must be a citizen of India
Chief Justice of the Supreme and have held a Judicial office in India
Court. The other judges who for 10 years or must have practiced as an
assumed office along with advocate of high court.
him wise Justices Sayid Faze
The High Court’s too have original
Ali, M. Patanjali Sastri, Mehar Chand
and appellate jurisdictions, in cases arising
Mahajan, Bijan Kumar, Mukherjea and
within the territories of the State. Each
S.R.Das.
High court has powers of Super intendant
High Courts over all courts within its jurisdiction.
Though the High courts are the party of
single and integrated judicial system, yet
they are completely independent judicial
institutions. The Supreme court has no
direct administrative control over them,
has they are in any way controlled try eithe
the legislature or executive of the State. But
the Judger may be transferred from one
High court to another by the president his
consultation with the chief Justice of India.
The High Court is the head of a State’s The High Court too has the power to
judicial administration every constituent issue writ in cases involving ‘Fundamental
state in expected to have a high Court. Rights’.
However, at present four high courts have
Legal Remedies for Safeguarding
jurisdiction over more than one state.
Fundamental Rights
Among the union territories Delhi alone
has a high court of its own. Other six union Both the Supreme court and High
Territories come under the Jurisdiction of court have the power to issue writs with
nearby state high Courts. Each High court a view to ensure quicker justice and early
comprises of a Chief Justice and such other relief to persons whose rights are violated.
Judges as the president may from time to There are five such writs.
time, appoint. The Chief Justice of the
1. Habeas Corpus: Literally means a
High court is appointed by the President
demand to produce the person in body.
in consultation with the Chief Justice of
It applies in cases where a person is
India and the Governor of the State. In
alleged to have been illegally detained.
appointing other judges, the Chief Justice
This writ safeguards personal liberty of
of that High court is also consulted. The
every individual.
Judges of the High courts hold office until
the age of 62 years and are removable in 2. Mandamus is a command to act law
the same manner as a Judge of the Supreme fully and to resist from penetrothing
court. To be considered for appointment an unlawful act, It is meant to direct
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any authority to perform its legal duty. Parliamentary and state legislations
Mandamus may he issued against any which contravened constitutional
authority, Officers, Government or requirements have been struck down. The
even judicial bodies that tail or refuse most daring and controversial exercise of
to perform a public duty and discharge judicial review was the invalidation by the
a legal obligation. supreme court of Bank Nationalization
3. Prohibition is issued by a higher legislation. Legislations which infringed
Court to a lower court or tribunal the rights of the minorities to establish and
for prohibiting it from exceeding its administer their educational institutions
jurisdiction. Writ of Prohibition is have been struck down.
issued only against a judicial or quasi – Judicial review has been extended
judicial body. to review ability of constitutional
4. C ertiorari too lies against judicial or amendments by evolving the doctrine
quasi – judicial authorities, and it means of the basic structure of the constitution
‘to be informed’. The writ of certiorari is according to which a constitutional
issued to quash illegal orders of judicial amendment which destroys or damages
or quasi – judicial bodies an essential feature of the constitution,
for example secularism, democracy and
5. Quo – Warranto is a question asking
federalism, would be unconstitutional.
‘with what authority or warrant’. This
is meant ascertain the legal position in In the administration of law, judicial
regard to claim of a person to hold a review in India has been very active.
public office. Article 13(2) of the Indian constitution
Besides these writs, the High believed that countrywide shall not create
Court’s under Article 226 may issue other any regulation, those abbreviates or takes
directions and orders in the interests of away the rights as deliberated in part 3 of
justice to the people. the constitution. If any rule was created
against this clause of the constitution,
4.5 Judicial Review, Public Interest it will come within the purview of
Litigation And Judicial infringement and will be declared as null
Activism and void.
Judicial Review However, but in 2007 the supreme
To safeguard the liberty and rights court ruled laws included in this schedule
of individuals, the judicial review power after April 24, 1973 or now open to judicial
enshrined in the constitution of India review cannot be conducted in respect of
becomes important. The supreme court the laws incorporated in the 9th schedule
and the high court’s in India are entrusted of the constitution. Judicial review applies
with the power of judicial review only to the questions of law. It cannot be
which extends to adjudicating upon the exercised in respect to political issues.
constitutionality of legislations as well as The supreme court does not use the power
the legality of executive action. of judicial review of its own. It can only
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use it when any law or rule is specifically Recently in India, many cases from
challenged before it. the area of Public interest Litigation has
come into picture which has been filed
Public interest Litigation
in the court of law. As in 2005 a case was
Any citizen of India can approach decided by the supreme court named
the courts for public case (upon the Common cause society Vs. Union of
interest of the public) by filing a petition India. In this Public interest Litigation, the
under (a) the supreme court by article 32, petitioner filed a Public interest Litigation
(b) in the high court under article 226 and praying to the court to enact a road safety
(c) in the magistrate court under section act in view of the numerous road accidents.
133 of the CRPC. The guidelines provide Secondly, in the Sangammal Pandey Vs.
that Public interest Litigations can be State of UP case the Lucknow bench of the
filed under the following categories: 1. high court stayed construction activities
Bonded labour matters, 2. Neglected near Kanshiram memorial up to a specific
children, 3. Non- payment of minimum date.
wages, 4. Petitions from jails complaining In the Peoples union for democratic
of harassment, death in jail, speedy trial rights Vs. Union of India case, the supreme
as a fundamental right etc. 5. Petitions court permitted Public interest Litigations
against police for refusing to register a at the instance of ‘public spirited citizens’
case, harassment of Bride, Bride burning, for the enforcement of constitutional and
rape, murder, kidnapping etc. 6. Petitions legal rights of any person or group of
complaining harassment or torture of persons who because of their socially or
persons belonging to scheduled caste and economically disadvantaged position are
scheduled tribes. 7. Petitions pertaining to unable to approach the courts for relief.
environmental pollution. Public interest Litigation is a part of the
The Public interest Litigation process of ‘participate justice’ and standing
jurisdiction forged by the supreme court in civil litigation, of that pattern which
is an extension of its jurisdiction under has liberal reception at the judicial
article 32 of the constitution. Public doorsteps.
interest Litigation is not in the nature of In the Parmanand
adversary litigation, but it is a challenge Katara vs. Union of
and an opportunity to the government and India case the supreme
its officers to make such issues as human court held in the Public
rights meaningful to the deprived and interest Litigation filed
vulnerable sections of the society and to Parmanand Katara
by a human rights
assure them socio-economic justice which activist fighting for general public interest,
is the signature tune of the constitution. that it is a paramount obligation of every
A Public interest Litigation may be filed member of the medical profession to give
against state and central government, medical aid to every injured citizen as
municipal authority, but not against any soon as possible without waiting for any
private party. procedural formalities.
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Judicial Activism
Judicial activism as a dynamic process of judicial outlook in a
changing society. Arthur Schlesinger Jr. introduced the term judicial
activism in 1947,in America in an article titled ‘ The Supreme
court;1947’. According to Black’s law dictionary judicial activism
is a judicial philosophy which motivates judges to depart from the
traditional precedents in favour of new progressive social policies.
In recent years law making has from the Irish constitution. These modern
assumed new dimensions through judicial principles and institutions were borrowed
activism of the courts. The judiciary has from the west and imposed from above
adopted a healthy trend of interpreting on a semi-feudal, semi backward society
law in social context. Judicial activism of India. But these feathers are meant to
describes judicial rulings suspected of facilitate transformation in every field,
being based on personal or political instead of protecting the ‘status quo’
considerations rather than on existing
The Indian judiciary, being a wing of
law. The question of judicial activism is
the State has thus played a more activist
closely related to constitutional
role than its US counterpart in seeking to
interpretation, statutory constructions
transform Indian society into a modern
and separation of powers.
one, by enforcing the modern principles
and ideas in the constitution through
Activity court verdicts. Article 21 of the
constitution has been called up frequently
Do you as an Indian citizen have the in the Supreme court. Judgments upon
right to disagree with judicial opinion? thia article suggest the trends of judicial
How will you express your opinion? activism.
In group of three, discuss and make In the A.K. Gopalan vs.
comments for class discussion on: State of Madras case,
the supreme court
a. Criticizing the Judgment of the court
rejected the argument
b. Consequences of the criticism that to deprive a person
of his life or liberty,
The Indian constitution, promulgated not only the procedure
in 1950, largely borrowed its principles A.K. Gopalan prescribed by law for
from western models like Parliamentary doing so must be fair, but reasonable and
democracy and an independent judiciary just. However, subsequently in Menaka
from England, the fundamental rights from Gandhi vs. Union of India case this
the bill of rights and federalism from the requirement of substantive due process
federal structure in the US constitution, was introduced into article 21 by judicial
and the directive principles of state policy interpretation. Thus the due process clause,
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which was consciously and deliberately Constitutional law is a body of laws which
avoided by the constitution makers, was defines the role, powers, and structures of
introduced by judicial activism of the different entities of the State, namely, the
supreme court. legislature, the executive and the judiciary,
as well as the basic rights of citizens and,
In subsequent decisions, the Supreme the relationship between the central
Court has upheld death sentences in cases government and state governments.
such as Bagwan Dass vs. state of Delhi
case which involved honour killing of a Constitutional law is a set of rules
man and woman for marrying outside which can either be imposing or directive.
their caste. It provides a way to regulate the nation by
proposing a set of laws which shall be
abided by the citizens of the country. It
Australia leads the country in the right direction
In Australia, the highest court is known without fail. It includes various
as the High Court of Australia while the fundamental rights, fundamental duties
State Courts are known as the Supreme and directive principles. We need
Court. constitutional laws to regulate the system
that prevails in the country. It acts as an
4.6 Constitutional Law, obligation on the citizens where they
Administrative Law And cannot go beyond its fundamental rights,
Indian Penal Code which is a must so as to monitor the whole
Constitutional Law nation at a time.
It is known that everything man Activity

people do is governed by rules. For
example there are rules for games and Think-Pair-Share
social clubs. Rules of morality and customs
The Constitution represents people’s
also play an important role to establish
hopes and objectives. The Legislature,
our day to day life. Rules that are made by
an elected body, represents the people.
legislatures, for the nation are called ‘laws’.
With your partner, work on the
Laws in society are a must so our society
following tasks:
can regulate its work properly. They are
designed to safeguard our property and a. Who should have more power –The
safeguard us and to ensure that every one Executive, the Legislature or the
in society behaves in a proper manner. Judiciary?
b. Give reasons for your answer with
Essentially, the Constitutional
examples.
law is the supreme law. All other laws
have to conform to the Constitutional
Constitutional law creates a sense
law. Constitutional law contains laws
of equality amongst the citizens. It is like
concerning the government and its people.
a parent to a child who imposes certain
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conditions but its sole purpose is the quasi-judicial function of administrative
well being of the child. The same way agencies, legal liabilities of public
Constitutional law acts for its citizens. authorities and power of the ordinary
Constitutional laws provide to some people courts to supervise administrative
who can either be elected or nominated for authorities. It governs the executive and
law making depending upon the nation’s ensures that the executive treats the public
Constitutional provisions. Constitutional fairly.
law facilitates the head of the State to
administer the whole country which is Administrative law is a branch of
large, culturally and linguistically diverse. public law. It deals with the relationship
of individuals and government. It
Rule of Law determines the organization and power
The colonial regime introduced the structure of administrative and quasi-
English concept of ‘Rule of Law’ in India. judicial authorities to enforce the law. It is
The three major features of the Rule of primarily concerned with official actions
Law are and procedures and puts in place a control
mechanism by which administrative
1. All are equal before law
agencies stay within bounds. There are
2. Nobody is above law and a few reasons for the development of
3. The same law is applicable to all. administrative law in India.
The Rule of law ensures ‘equality Firstly, India is a ‘Welfare State’.

of all citizens in the judicial process and Government activities have increased
reduces the scope of nepotism, favoritism, and thus the need to regulate the same.
arbitrariness, unhealthy executive Therefore, this branch of administrative
interferences in the judicial process. Rule law was developed. Secondly, there is
of Law provides an effective check to the inadequacy of the legislatures. The
the abuse of authority by executives and legislatures have no time to legislate upon
administrators. The procedural laws and the ever changing needs of the society.
constitutionally guaranteed fundamental Even if it does, the lengthy and time taking
rights ensure enforcement of Rule of Law. legislation procedure would render the
rule so legislated of no use as the needs
Administrative Law would have changed by the time the rule
Administrative law is the law that is implemented.
governs the administrative actions. As
per Ivor Jennings the administrative law Thirdly, there is judicial delay in India.
is the law relating to administration. It The judicial procedure of adjudicating
determines the organization, powers and matters is very slow, costly complex and
duties of administrative authorities. It formal. Furthermore, there are so many
includes law relating to the rule making cases already lined up that speedy disposal
power of the administrative bodies, the of suites is not possible. Hence, the
need for administrative tribunals arose.
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Fourthly, as administrative law is not a Indian Penal Code
codified law there is a scope of modifying
it as per the requirement of the State
machinery. Hence, it is more flexible. The
rigid legislating procedures need not be
followed again and again. There is a basic
difference between constitutional law
and administrative law. A constitutional
Thomas Babington
law is the supreme law of the land. No Macaulay
law is above the constitutional laws and
The Indian Penal Code is the
hence must satisfy its provisions and not
criminal code of India. It is a comprehensive
be in its violation. Administrative law is
code intended to cover all substantive
therefore subordinate to constitutional
aspects of criminal law. The code was
law. Constitutional law deals with the
drafted in 1860 on the recommendation
structure of the State and its various
of the first law commission of India
organs. Administrative laws deal only
established in 1834. It came into force in
with the administration. Administrative
British India during the early British Raj
authorities should first follow the
period of 1862. The objective of this act is
constitutional laws and then work as per
to provide a general penal code for India.
administrative law.
Activity
Write a few features
of Judiciary.
3 Levels of courts
The Indian Penal Code has a basic
format, it is a document that lists all the
cases and punishments that a person
committing any crimes is liable to be
Features of Indian charged. It covers any person of Indian
Judiciary citizenship. The exceptions are the military
and other armed forces, they cannot be
charged based on the Indian Penal Code.
They have a different set of laws under
the Indian Penal Code as well. The Indian
judicial system is one that has evolved
into a stable and fair system of detention
and penalizing, after being tested well for
several years.
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The most important feature of the them liable for punishment for being
Indian Penal Code is the impartial nature member of an unlawful assembly. The code
of judgments promoted by the document. also makes punishable what are described
The Indian Penal Code does not include as inchoate crimes that is, amendment,
any special favours for any special person attempt and criminal conspiracy etc.
at some position. Thus, the code stands
alike for government employees, as for The Indian Penal Code has been
common man, and even for a judicial amended numerous times according
officer. This builds up the faith of the to the emerging needs. Concepts like
common citizens in the law making and sedition which were outside the purview
enforcing bodies in the country and of the Indian Penal Code was included
prevents any sort of corruption or misuse into it after amendments. The need to
on the part of the people in power. revamp the criminal justice system was
felt for quite sometimes as it has come
The Indian Penal Code includes all under severe stress and strain due to
the relevant criminal offences dealing changing aspirations of the citizens and
with offences against the State, offences the resulting social transformation.
in public, offences for armed forces, The process of criminal investigation,
kidnapping, murder and rape. It also deals prosecution and adjudication necessarily
with offences related to religion, offences warrants changes and transformation in
against property and it has an important tune with the developments in science
section for offences for marriage, cruelty and technology.
from husbands or relatives, defamation
The information age has ushered in
and so forth. Indian Penal Code also
modern methods of criminal activities
provides for group liabilities that is, group
which needs new methods of investigation
liability under section 34 in the form of
and prosecution. For these, new criminal
a rule of evidence making each member
laws are needed. In view of this the Indian
of the group liable for the final act if he
government set up the V.S Malimath
has in any manner participated in action
committee in 2000 to consider measures
in furtherance of the common intention
for revamping the criminal justice system
of all members of the group irrespective
in the country. The committee submitted
of his individual contribution which may
its report in 2003. This report has been
have been very small.
examined at various levels to consider the
Group liability under section 149 various measures recommend by it for
is envisaged making the members of the revamping the criminal justice system.
unlawful assembly vicariously liable for Some of the recommendations of the
the criminal act which is in furtherance committee have been accepted by the
of the common object or what members government and have been incorporated
of the unlawful assembly ought to have in the criminal law of the land substantive
known is likely to be committed in given and procedural.
circumstances besides making each of
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Book 1.indb 97 24-04-2019 20:34:22

Judicial Restraint: It is a theory of

Glossary
judicial interpretation that encourages
C onstitution: It body of fundamental
 judges to limit the exercise of their
principles or established precedents own power.
according to which a state or other Judicial Activism: It is a philosophy

organization is acknowledged to be of judicial decision making whereby
governed. judges allow their person views about
Judiciary: It is the system of courts
 public policy, among other factors, to
that interprets and applies the law in guide their decisions.
the name of the state. Public Interest Litigation: It is

Federation: It is a political entity
 the litigation for the protection of
characterized by a union of partially the public interest. It is litigation
self-governing provinces, states, or introduced in a court of law, not by the
other regions under a central federal aggrieved party but by the court itself
government. or by any other private party.
Original Jurisdiction: It is a court’s

Fundamental Rights: They are a group

authority to hear a case for the first
of rights that have been recognized
time.
by the Supreme Court as requiring
a high degree of protection from Appellate Jurisdiction: It is the power

government encroachment. These of an appellate court to review, amend
rights are specifically identified in the and overrule decisions of a trial court
Constitution. or other lower tribunal.
Trial: It is a formal meeting in a law
 Advisory Jurisdiction: It is when a

court, at which a judge and jury listen lower court or any constitutional body
to evidence and decide whether a seeks the advice of the Supreme Court
person is guilty of a crime. in a matter of law.
Trial by Jury: It is a lawful proceeding
 Administrative Courts: It is a type of

in which a jury makes a decision or court specializing in administrative
findings of fact. It is distinguished law, particularly disputes concerning
from a bench trial in which a judge or the exercise of public power.
panel of judges makes all decisions. Public Law: It is that part of law

Judicial Review: It is a process under
 which governs relationships between
which executive or legislative actions individuals and the government,
are subject to review by the judiciary. and those relationships between
individuals which are of direct concern
to society.
( 98 (
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Evalution
1. Which of the following is not an organ of the government?
(a) Legislature (b) Bureaucracy
(c) Executive (d) Judiciary
2. Which of the following is described as the protector of the federation?

(a) Legislature (b) Executive
(c) Judiciary (d) Cabinet
3. Who among the following was considered ‘the fountain of justice’ in Ancient India?
(a) Monarch (b) Senapathi
(c) Chief Minister (d) Chief Justice
4. Who among the following was the supreme judicial authority in Medieval India?
(a) Sultan (b) Qazi-ul-Quzat
(c) Chief Justice (d) Mufti
5. Which of the following was the Department of Justice established during the
Mughal era?
(a) Nazim-e-Subah (b) Mahukma-e-Adalat
(c) Diwan-e-Subah (d) Qazi-e-Pargana
6. Which of the following punishments was imposed for cases relating to homicide?
(a) Hadd (b) Qisas
(c) Tazir (d) None of the Above
7. Which of the following Charter authorized the East India Company to exercise
judicial authority over Bombay?
(a) Charter of 1661 (b) Charter of 1813
(c) Charter of 1688 (d) Charter of 1853
8. Who among the following Charter applied only to the Madras Presidency with
regard to the establishment of a Mayor’s Court?
(a) Charter of 1687 (b) Charter of 1726
(c) Charter of 1813 (d) Charter of 1661
( 99 (
Book 1.indb 99 24-04-2019 20:34:22

9. Which of the following empowered the Crown to establish the Supreme Court of
Judicature in Calcutta?
(a) Charter of 1774 (b) Regulating Act of 1773
(c) Cornwallis Code (d) Charter of 1726
10. I n which year was the Federal Court inaugurated?
(a) 1937 (b) 1936
(c) 1935 (d) 1932
11. Which of the following refers to a theory of judgement that takes into account the
spirit of the law and the changing times?
(a) Judicial Review (b) Judicial Activism
(c) Judicial Restraint (d) None of the Above
12. Which of the following is an alternative dispute resolution mechanism in India?
(a) Supreme Court (b) High Court
(c) District Courts (d) Lok Adalats
13. Which of the following Articles empowers the High Courts to issue writs?
(a) Article 226 (b) Article 227
(c) Article 228 (d) Article 229
II - Answer the following questions very shortly:
14. What is Arthasastra?
15. What were the six courts capital of sultanate?
16. What was the primary function of the Privy Council?
17. Define Judicial Review.
18. What is Public Interest Litigation?
19. Define Judicial Activism.
20. What is Administrative Law?
21. What is Constitutional Law?
22. What is the Indian Penal Code?
III - Answer the following questions shortly:

23. Write a short note on judiciary as the interpreter of the constitution.
24. Briefly discuss the factors promoting the independence of judiciary.
25. “All the rights secured to the citizens under the constitution are worth nothing
and a mere bubble except guaranteed to them by an independent and virtuous
judiciary”- Andrew Jackson- Comment.
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Book 1.indb 100 24-04-2019 20:34:22

26. Briefly discuss the significance of Public Interest Litigations.
27. Give a brief account of the nature and significance of Administrative Law.
28. Write a short note on Lok Adalats.
IV - Answer the following questions detail:

29. Trace the evolution of Indian Judiciary.
30. Examine the salient features of the Indian Judiciary.
31. Give a detailed account of the working of subordinate courts.
32. Discuss the organization, powers and functions of the Supreme Court of India.
33. Discuss the organization, powers and functions of the High Courts.
Reference Books
 Justice M. Rama Jois, Legal And Constitutional History Of India: Ancient Legal,
Judicial And Constitutional System, Universal Law Publishing Co Ltd, 2010.
 M.V.Pylee, Constitutional History of India, S.Chand & Co, 2011.
 Sumeet Malik, Landmarks in Indian Legal and Constitutional History, 11th
Edition, New Delhi, 2016.
 Dr. Subhash C. Kashyap, Constitution of India: Review and Reassessment,
Universal Law Publishing Co Pvt Ltd, New Delhi, 2010.
 Zia Mody, 10 Judgements That Changed India, Penguin India, New Delhi, 2013.
 Fali S. Nariman, India’s Legal System: Can it be saved, Penguin Random House,
2017.
 Ashol Kumar Ganguly, Landmark Judgements that Changed India, Rupa
Publications, 2015.
 George H, Gadbois Jr, Supreme Court of India: The Beginnings, Oxford University
Press, 2017.
Web links
 Supreme Court of India, https://www.sci.gov.in/
 High Courts of India, http://www.indiancourts.nic.in/
 Madras High Court, http://www.hcmadras.tn.nic.in/
 Ministry of Law and Justice, Government of India, http://lawmin.gov.in/
 Law Commission of India, http://lawcommissionofindia.nic.in/
( 101 (
Book 1.indb 101 24-04-2019 20:34:22

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TNPSC GROUP 2&2A SYLLABUS Prepared By www.winmeen.

STD 6 – LOCAL SELF GOVERNMENT (Term-3)

STD 6 – ACHIEVING EQUALITY (Term-1)

SOCIAL SCIENCE 159

SOCIAL SCIENCE 161

List out the important functions of the village Panchayat.

1. Frame questions to interview the Panchayat union chairman.

Village Panchayat Town Panchayat Municipal Panchayat

SOCIAL SCIENCE 163

script and culture. Article 30 of the

2. The fundamental rights are classified under _____ heads.

a) Seven b) nine c) six d) five

Initiative is a method, which enables the voters to bring to the notice of

There are certain procedures prescribed and minimum requirement to be fulfilled

Referendum is a procedure according to which laws enacted by the national

In democracies voters elect their representatives in the elections to various

This method of removing the representatives before the completion of their

7.10 FUNDAMENTAL RIGHTS IN INDIA :

The constitution prohibits discrimination against any citizen on grounds of

Also, the state can prescribe in certain cases residential qualifications.

Article 19 of the constitution guarantees seven freedoms :

b. Freedom to assemble peacefully without arms.

f. Freedom to acquire, hold and dispose of property.

g. Freedom to practice any profession or to carry on any occupation, trade or

Protection of Life and Personal Liberty :

 No person accused of any offence will be compelled to be a witness against

Right against Exploitation :

Article 23 prohibits traffic in human beings, enforced labour, and employment of

Right to Freedom of Religion :

India’s constitution guarantees religious freedom to all. Subject to certain

Cultural and educational Rights :

The constitution safeguards the freedom of every minority community to practice

Right To Constitutional Remedies :

Rights and Parliament :

According to 24th Amendment the Parliament is competent to alter, abridge or

Fundamental Rights and Directive Principles :

25th Amendment inserted a new Article 31 (c) in the constitution. According to

42nd Amendment has made fundamental rights subordinate to the directive

7.11 FUNDAMENTAL DUTIES :

A list of fundamental duties is included in the constitution of nearly 50 countries in

3. To uphold and protect the sovereignty, unity and integrity of India.

6. To value and preserve the rich heritage of our composite culture.

9. To safeguard public property and to abjure violence.

Thus democratic decentralization means performing functions according to the

Decentralization and Delegation :

Decentralization should be distinguished from delegation. Decentralization

9.3 MEANING OF LOCAL SELF – GOVERNMENT

Local self – Government, in its organization, functions and objectives, differ

In this connection it may be understood that government is an organization with

Local self –government also implies that the administration of an area is

9.4 NEED FOR LOCAL SELF – GOVERNMENT :

Secondly, economy is secured by local self–government. If certain acts of

9.5 FUNCTIONS OF LOCAL SELF – GOVERNMENT – GENERAL :

9.6 FUNCTIONS OF LOCAL SELF – GOVERNMENT IN THE CHANGED CONTEXT:

a. To work as local units of self government

b. To provide local services and public conveniences for making an individual

d. To mobilize local resources and utilize for public welfare.

e. To promote social, economic and cultural development in an integrated way.

9.7 CONDITIONS FOR THE SUCCESS OF LOCAL SELF – GOVERNMENT :

The success of local self – government depends upon the encouragement

9.8 DEFECT OF LOCAL SELF – GOVERNMENT :

9.9 THE ORIGIN OF LOCAL SELF – GOVERNMENT :

9.10 KINDS AND ORGANIZATION OF LOCAL BODIES IN INDIA :

Urban Self – Governing Bodies :