KNC-601 Constitution Of India Unit 1--Introduction and Basic Information about Indian Constitution Major Topics: Meaning of the constitution law and constitutionalism, Historical Background of the Constituent Assembly, Government of India Act of 1935 and Indion independence Act of 1947,Enforcement of the Constitution, Indian Constitution and. its Salient Features, The Preamble of the Constitution, Fundamentol a Fundamental Duties, Directive Principles of State Policy, Parliamentary System, . System, Centre-State Relations, Amendment of the Se rs in 3 Procedure, The historical perspectives of the constitutional amendm Emergency Provisions: National Emergency, President Rule, Finoncial Emer ~~ ‘and Local Self Government - Constitutional Scheme in India. g of the constitution law and constituti ra Constitutional law is a body of law based ona AW Shake or similar formative charter dealing with the fundamental principles by which a government exercises its authority. These principles typically define the roles and powers of the various branches of the government and the basic rights of the people. 1.1 Key Takeaways TANS > Constitutional law is an area of law dealing with the interpretation and application of the powers, rights and freedoms established by a formally adopted constitution or charter. It encompasses the powers of the various branches of government and the rights of the people. > Constitutional law evolves over time as it is interpreted by the courts and legislative bodies. > The protection of human rights and civil liberties are common elements of constitutional law. ANS 1.2 Constitutional Law Definition: By establishing the authority of the government, as well as the rights of the people, constitutional law is the foundation of all other procedural and substantive laws applied within the country. Common elements of constitutional law include the provision and assurance of human rights and civil liberties, legislative powers, the division of governmental powers, and assurance of protection under the rule of law. Page 1 of 291.3 Civil Liberties and Human Rights: As essential elements of constitutional faw, human rights and civil liberties protect the rights and freedoms of individuals against the actions of the government. Human rights refer to the natural rights and freedoms of all people no matter where they live, such as freedom from religious persecution ar slavery. Civil liberties are the rights and freedoms specifically granted to individuals by a constitution, such as the right to trial by jury or protection from unreasonable search and seizure by the police. 1.4 Legislative Procedures: Constitutional law establishes rules and procedures by which governments legislate, or make laws. For example, the process for enacting new laws or amending existing laws, the method of amending the constitution, and the number of terms or years a member of the legislative body may serve. 1.5 Separation of Powers: In most modern nations, constitutional law divides the power of the central government among three functional branches. These branches are typically an executive branch, a legislative branch, and a judiclal branch. Most constitutions divide the governmental powers in a way to ensure that no one branch can dominate the other two. 1.6 Rule of Law: The constitutions of virtually ai! nations establish a “rule of law,” the principle under which all persons, institutions, and entities within the country—including the government itsel'—are held equally accountable to the laws enacted by the central government. Constitutional law strives to caret ese ins are: * Created in public: The processes by which laws are made and enforced are clear, understandable, and open to the people. Equally enforced: The laws themselves must be clearly stated, well publicized, stable, and evenly applied. + Protective of basle rights: The laws must protect the fundamental rights of individuals, including civil liberties and human rights. + Independently administered: The laws must be interpreted and applied by judges who are impartial, politically neutral, and reflect the makeup of the communities they serve. ound of the Constituent Assembly, Government of India Act of 1935 and \ pendence Act of 1947 The history of the Constitution offers some interesting insights into the state of affairs before Independence. It took persistent efforts for several years to draft and enact our Constitution, Before Independence, India consisted of two entities: the British government and the princely states. It is the Constitution which formally ended these two distinctions and created the Union of India, Page 2 of 29‘The British came to India in the 17th century initially for trading only. Eventually, after slowly ing more power, they attained the rights to collect revenue and govern themselves. In order to do this, they enacted various laws, rules and regulations. According to the Charter Act of 1833, the Governor General of Bengal became the Governor General of India. It also created a Central Legislature, which, in a way, made the British supreme tulers of India. The rule of the Company itself finally ended with the Government of India Act in 1858. Asa result, the British Crown became ruler of India and administered the country through Its government. The Indian Councils Acts of 1861, 1892 and 1909 started giving representation to Indians in the Viceroy’s councils. They also restored legislative powers back to some provinces. In other words, they adopted decentralization of powers between the Centre and the provinces. SE” 2.1 The Government of India Act, 1919: According to this Act, legislative councils came into existence in all provinces of the government. In other words, the British adopted a bicameral Structure with separate central and provincial governments. This was also the first time when people could elect their own representatives through direct elections. The Constitution later adopted this quasi-federal and bicameral structure. 2.2 The Government of India Act, 1935: The enactment of this law is one of the most important events in the history of the Constitution. Firstly, this law divided powers of governance into a Federal List, a Provincial List and a Concurrent List. Even the Indian Constitution adopted such division of powers between me cones esate governments. Secondly, this Act granted more autonomy of self-governance to the provinces. It even established the Federal Court, which we now refer to as the Supreme Court of india. Mo: 2.3 The Indian Independence Act of 1947: This Act marks the final step in the departure af the British fram india. india became a truly independent and sovereign state after this Act. The Act established governments at the central and provincial levels. It also laid down the foundation of the Constituent Assembly. 2.4 Constituent Assembly: Members of the provisional assemblies indirectly elected members of ‘the Constituent Assembly. This assembly served as the first ‘Parliament’ of independent india and first met on 9 December 1946 in Delhi. After Independence, the Assembly elected Dr Rajendra Prasad asits Chairman and began drafting the Constitution. Dr Ambedkar became the head of the Drafting Committee. This is why he is called the Father of the Constitution. After more than two years of deliberations, the Assembly finally approved the Constitution on 26 November 1949. This is why we celebrate this day as Constitution Day today Page 3 of 29Lecture 3 3. Enforcement of the Constitution, Indian Constitution and its Salient Features The Assembly finally adopted the Constitution on 26 January 1950. India formally became a sovereign republic that day. This is why we celebrate 26 January as India's Republic Day. The Indian Constitution is one of the most comprehensive documents of its kind. Apart from being the longest, It Is also famous for containing all minute detalls governing the Indian state. The Constitution of India is its fex foci, i.e. the parent of all laws in India. This basically means that all laws of Parliament and state legislatures derive their authority from the Constitution. Even the three pillars of the Indian state ~ legislature, executive and judiciary- derive authority from the Constitution. The constitution of India was created by a constituent assembly and not by the Parliament of india. It was adopted by its people with a declaration ints preamble. Thus, the Parliament of India cannot override the indian constitution. The Constitution of india lays down the fundamental political code, structure, procedures, powers, and duties of government institutions. Also, it sets out fundamental rights, directive principles, and the duties of citizens. It is the supreme law of India, 3.1 Features of Indian Constitution (i) Lengthiest constitution: It is the lengthiest and the longest constitution in the world, It has 395 Articles and 12 Schedules. Also, about 90 Articles have been added since 1951 and there have been more than 100 Amendments. But, as the Articles are not separately added but as a part of an existing Article, the total number of Articles remain the same. (ii) Drawn from Different Sources: The basis of the basic structure such as Federal scheme, Judiciary, Governors, Emergency powers, Public Service Commissions, Administrative details, etc. are from the Government of india Act,1935. Similarly, the fundamental rights are from the American constitution, Directive Principles from the Irish Constitution and the Cabinet form of government is from the British Constitution. Also, it adopts various provisions from the Constitutions of Canada, Australia, Germany, USSR, and France. (iil) Federal System and Unitary Features: The federal features of governance are a dual system of government Le. center and states, the division of powers between the executive, judiciary and legislature which are the three organs of the state, Supremacy of the Constitution, independent Judiciary and bicameralism. The indian constitution contains all these features. Thus, It Is a federal system. Page 4 0f 29But, it also contains many unitary features such as a strong center, All India Services commen to the center and the states, emergency provisions that can modify the Constitution into a unitary ‘one, the appointment of Governors by the President on the advice of the center, ete. Article 1 of the Indian constitution clearly mentions that India is a “Union of states”. Therefore, this makes the Indian Constitution a federal system with unitary features. (iv) Parliamentary Form of Government: The Indian Constitution chose the Parliamentary form of government. In a Parliamentary form of government executive is part of the legislature and there is a collective responsibility of the council of ministers to the legislature.Also, there exists majority party rule and the Prime Minister is the leader of the country and the Chief Minister is the leader in the state. {v) Parliamentary Sovereignty and Judicial Supremacy: The Indian Constitution has a proper balance between Parliamentary sovereignty and Judicial Supremacy. The Supreme Court has the power of judicial review vide Articles 13, 32 and 136.Thus, it can cancel any Parliamentary law as unconstitutional. On the other hand, the Parliament has the authority to make laws and also amend the major portion of the Constitution vide Article 368. (vi) Independent and integrated Judicial System: As per the Indian constitution, a single system of judiciary prevails in India. The Supreme Court is at the top, the High Courts at the state level and district and other subordinate courts are below and are subject to the supervision of the High Courts. Also, all the levels of courts have a duty of enforcing central as welllas state laws. (vii) Directive Principles: The Directive Principles of State Policies in Part IV of the Constitution intends to make India a welfare state. The Directive Principles are not enforceable by the courts for their violation. However, itis a moral obligation of the state to apply these principles in making laws. (viii) Rigid and Flexible: The Indian Constitution is a combination or a blend of rigidity and flexibility. As per Article 368, some provisions can be amended by a special majority of the Parliamenti.e. a 2/3rd majority of the members of each House present and voting and majority which is more than SO percent of the total membership of each House. ‘A\so, some other provisions can be amended by a special majority of the Parliament and with the ratification by half of the total states. However, some provisions of the Constitution can be amended by a simple majority of the Parliament in the manner of the ordinary legislative process but these do not fall under the purview of Article 368. x Page Sof 29Lecture 4 4. The Preamble of the Constitution, Fundamental Rights, Fundamental Duties The preamble of the Indian Constitution is a brief statement of the various guidelines and rules that guide the citizens. Moreover, the preamble explains the aspirations and hopes of the people. It isa preface which emphasizes on the entire constitution, ~ oT NAS The Indian constitution and its preamble describe India as asovereign, socialist, secular, democratic and republic. 4.1 The Preamble and its Initial Articles Sovereign refers to the independent authority of a State. It also means that it has the power to legislate on any subject and that the preamble is not subject to the control of any other State or external power. Secular refers to the relationship between the government and religious groups. The constitution determines the relationship according to the constitution and law. It keeps the power of the state and religion as separate aspects. Socialist refers to the achievement of socialist goals through democratic, evolutionary and non- violent means. Democratic refers to the right of the people of India to elect their governments by a system of universal adult franchise, which is also known as “one person one vote”. Every indian citizen after 18 years of age who is not otherwise debarred by law is entitled to vote. The word ‘democratic’ not only refers to political but also to social and economic democracy. Republic refers to the aspect wherein the head of state is in power and not a hereditary monarch. Thus, this word denotes a government where no one holds public power as a proprietary right, It secures to all of its citizen with the following: YAN”? > Social, political and economic justice > Equality of opportunity, equality of status and to promote equality among them all > Liberty of expression thought, belief, worship, and faith y Fraternity in the sense of assuring dignity to all citizens along with unity and integrity of the country and its elements. Page 6 of 29These italicized terms of the constitution were made to be a part of the preamble after its 42nd amendment in the year 1976. The Indian Constitution and the preamble is one of the best of its kind and it embodies the spirit of the nation and the constitution. Indian preamble focuses on unity and national integrity as well. 4.1.1 Part 1-The Union and Its Territory Article 1 speaks of the territories, union territories, and the acquired territories. Article 2 speaks of the admission of other territories into the union territories. These admissions are governed by law and only the parliament can do it. Article 3 talks about the formation of new states, the alteration of areas and boundaries by either increasing or diminishing them. Article 4 talks of territory reorganization for the nation’s benefit and citizen convenience. 4.1.2 Part 2- Citizenship Article 5 (Act of 1955) ~ citizenship decision is on the basis of 5 modes. However, they are: by birth, by descent, by registration, by naturalization and by incorporation of territory. Article 6 speaks of dual citizenship. 4.2 Fundamental rights, S 42.1 Cultural and ce Cultural and educational rights provide the rights to all section ur ster of society and it Ir culture script or language. The image of Indian society comes in our minds a: diversity. In such a society with vast diversity, our Constitution believes thatdiversity.is aN 4.2.2 Article 29-30: Under these Articles, there are two major provisions- {i) Protection of interests of minorities: Any minority community having a distinct language, script or culture of Its own shall have the right to preserve the same. The minority people can take admission into any educational institution maintained by the government or receiving funds from government, on grounds only of religion, race, caste, language or any of them. (ii) Right of minorities to set up and administer educational institutions: All Minorities, whether based on religion or language, have the right to establish and administer educational Page 7 of 29institutions of their own choice. The government, while granting funds to educational institutions, will not differentiate against any educational institution on the basis that It comes under the management of a minority community. .3 Right to Education (RTE): The Right to Education comes under a new Article 21A under Fundamental Rights in 2002 by the 86th Constitutional Amendment. However, it could not be enforced until 2009 when the Parliament passed the Right to Education Act, 2009. This Act makes education a fundamental right of every child between the age group of 6-14. The act thus specifies minimum norms in elementary schools. It demands that all schools reserve 25% of seats for deprived children. The government later reimburses the amount. It restricts all schools which are not recognized, from practice and it makes provisions for no donation or capitation fees and no interview of the child or parents for the admission, This Act also restricts that no child will be held back, expelled, or required to pass a board examination until the completion of elementary education. 4.2.4 Right to Equality under Article - 14: Articles 14 to 18°of the Constitution states the Provisions related to the Right to Equality. It forms indation of all the other rights and liberties. As per the Constitution of india, all the ma ee ted have the same fundamental fights. The Right to Equality ensures the foll (i) Equality before law (Article 14): This article states that the law of the country equally protects all the people of the country. The State shall treat people in the same circumstances alike within the territory of india. It also implies that law shall treat individuals differently under different circumstances. (ti) Prohibition of discrimination on any grounds (Article 15): This article states that there shall be no discrimination on the basis of religion, race, caste, sex or place of birth. All the people of the country shall have equal rights to access public places like public parks, roads, museums, wells, bathing ghats, etc. However, the State has powers to make any special provision for women and children. The State also reserves a right to make special provisions for the advancements of any socially or educationally backward class or scheduled castes or scheduled tribes. (lil) Equality in matters of public employment (Article 16): As per this article, every person has ‘an equal opportunity in the matters of public employment. Thus, the State cannot discriminate against any person on the grounds of religion, race, caste, gender, place of birth or residence or any of them. All indian citizens can equally apply to the public sector or government jobs. However, there are some exceptions to this right. (iv) Abolition of untouchability (Article 17): This article states that the practice of untouchability is an offense and anyone guilty of doing so is punishable by law. The Protection of Civil Rights Act, Page 8 of 291976 lays down the penalties for stopping any person from entering a place of worship or from taking water from a tank or well. (v) Abolition of Titles (Article 18): This article forbids the State from conferring any titles and also the citizens of India cannot accept titles from any foreign State. It also abolished the titles such as Rai Bahadur and Khan Bahadur conferred by the British. However, Military and academic distinctions can be conferred upon. The awards such as Bharat Ratna and Padma Vibhushan do not fall within the constitutional prohibition. Thus, they cannot be used by the recipient as a title. 4.2.5 Fundamental Rights - Right to Freedom under Article 19: The articles 1: SS a 2 contain the provisions of the right to freedom. As per Article 19, thi ring s freedoms are guaranteed to every person of the country: (i) Freedom of speech and expression: Every person has SS of speech and expression. However, the State can inflict a restriction on this freedom in the interests of the sovereignty and integrity of the country, for the security of the State, friendly relations with foreign countries, public order, in relation to the contempt of court, definition or incitement to an offense. (i) Freedom to assemble: Every person has the freedom to assemble peacefully without arms. However, the State can levy restrictions in the interest of public order and the sovereignty and integrity of the country. (iii) Freedom to form associations or unions or co-operative societies: The State can enforce restrictions on such freedom in the interest of public order, morality and the sovereignty and integrity of the country. (iv) Freedom to move freely: An Indian citizen has the freedom to move freely throughout the territory of india. But, the government can impose restrictions on this right only in the interest of the general public. (v) Freedom to reside and settle: Citizens of india have the freedom to reside anywhere in the country. However, in the interest of the general public or for the protection of the scheduled tribes the State may impose certain restrictions. (vi) Freedom to practice any profession or to carry on any business, occupation or trade: Every person can carry any business or practice any profession provided it is not dangerous or immoral Also, professional or technical qualifications must be acquired before practicing any profession or carrying on any trade. ‘The government may restrict these freedoms in the interest of the independence, sovereignty, and integrity of the country and in the interest of morality and public order. Page 9 of 294.2.6 Right to Information (RTI): Article 19(1) of the Constitution has given the fundamental Status to the right to information in 2005. Under this Article, every citizen has freedom of speech and expression. Also, he/she has the right to know how the government works, what ‘roles does it play and what are its functions, 4.3Fundamental Duties and its legal status The Fundamental Duties enshrined in Part IVA of the Indian Constitution (Article 51A) were inserted by the 42nd Constitutional Amendment Act in 1976. . In fact, there can be no rights in a society where there are no duties. Righ SY two sides of the same coin and inseparable. For every right, there is a corresponding duty. The sto strive towards fundamental duties are intended to regulate behavior and to inspi excellence. Therefore, to fill this vacuum, Part IVA containing the 10 Fund: ties were inserted by the 42nd Constitutional Amendment Act in 1976 vi cle S1A. A 11th Fundamental Duty was added by the 86th Amendment Act in 2002. H, e111 Fundamental Duties in the Constitution ot present. The fundamental i in consonance with Article 29(1) of the Universal Declaration of Human Rights which says ” Everyone has duties to the community inwhich alone the free and full deve! aH ersonality is possible”, 4.3.1 List of Fundamental Duties as Constitution Article 51A states that -> It shall be ibd of every citizen of India: Ren and respect Its ideals and Institutions, the national Flag and noble ideals which inspired our national struggle for freedom; Protect the sovereignty, unity and integrity of india; the country and render national service when called upon to do so; mote harmony and the spirit of common brotherhood amongst ali the people of india transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; VL. to value and preserve the rich heritage of our composite culture; Vil. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; Vill. to develop the scientific temper, humanism and the spirit of inquiry and reform; Page 10 of 29IX. to safeguard public property and to abjure violence; X. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; XI Every parent or guardian to provide opportunities for education to his child or ward between the age of 6 and 14 years “added by the 86th Amendment Act, 2002.) 4.3.2 Legal Position of the Fundamental Duties ~ Although there areno Constitutional provisions for the enforce: ntal Duties covered in Article S1A nor is there any provision to prevent or punish for their violation, there are specific legal iL > The Prevention of Insults to National Honour Act 2971 s efiacted to ensure that no disrespect is shown to the National Flag, Constitution of India and the National Anthem [Fundamental Duty enumerated in 51A (a)]. v Section 153A of the Indian Pen: PA hibits writings, speeches, gestures, activities, exercises, drills, etc. aimed at cre feeling of insecurity or ill-will among the members of various communi ntal Duty enumerated in 51 (e)]. ¥ ional integration constitute offence under sty enumerated in 51A (c)]. aste are covered in Sections 295-298 of the IPC the Protection of Civil Rights Act, 1955 [Fundamental Section 1538 of the | v Offences related to el (Chapter XV) and aor Duty enumerate: v Section os the Representation of People Act, 1951 declares soliciting of votes on of religion and the promotion of feelings of ill will and hatred trae dif a Gali 1s communities as a corrupt electoral practice. Se protection of environment has received particular attention de courts. The JS Verma committee on Fundamental Duties has listed and meshed os many as 138 Supreme Court cases in the area of environmental ion. i 4.3.3 Have Fundamental Dutles Been Borrowed from Some Country? The concept of fundamental duties is not unique to India. For instance, article 40 of the constitution of the Democratic Republic of Vietnam enjoins that “the public property of the Democratic Republic of Vietnam is sacred and inviolable. It is the duty of every citizen to Page 11 of 29respect and protect public property”. The Japanese constitution also lays down the duties of the citizen as against the rights he can exercise. Similar is the case with the Constitution of Netherlands. as enumerated in Article 51A of the Constitution are unique to the However, the specific d Indian ethos and value systems and have not been borrowed from any country. They are a codification of the practices, customs, traditions, and way of life existing in India for centuries. x 4.3.4 Recommendations Regarding the Fundamental Duties The National Commission to Review the Working of the Constitution, 2002, recommended addition of the following fundamental duties in Article 51A of the opis > Duty to vote at elections < > Duty to actively participate in the democratic proct trons > Duty to pay taxes > Duty to foster family values and responsib! th > Duty of industrial organizations to provi ation to children of their employees With the increasing incidents of commun: mice and religion-based mob violence, strict adherence to fundamental duties is the hour to foster feeling of common brotherhood and to maintain rity of India, Lecture S 5. Directive Principles olicy, Parliamentary System, Federal System, Centre-State Relations 5.1 The Dire: les of State Policy ~ Its importance and Implementation: The directive principle Of various subjects that embraces the life of a nation. Also, it includes general statement of principles of administrative policy, statements of social of the international policy and socio-economic rights, Furthermore, the sanction bel ective Is, of course, political and not judicial. Although, these directives are not recognized by the courts. So, if the government fails to carry out any of its objectives than no court can make the government implement these directives. Thus, these directive principles of state policy are fundamental to the governance of a nation. 5.1.1Objectives of Directive Principles of State Policy: The short term purpose of the directive principles Is to fix economic as well as social goals for immediate attainment, So, this is done by bringing the nonviolent social revolution for e.g. Page 12 of 29,{i) Social Revolution: The directive principles of state policy set forward the humanitarian approach perhaps which were the aim of the Indian social revolution. So, this includes working for an egalitarian society where no concentration of wealth is there. In this society there is equal and plenty of opportunities for everyone. Also, these opportunities are in education, work, social justice, and livelihood. (ii) Welfare State: The constitution establishes the welfare state at a federal level along with the state level. So, in a welfare state, the main duty of government is the safety of the welfare of the people. 5.1.2 Emphasizing the ideas of the Preamble: The directive principles in amplification, emphasizes the preamble and the goal of the state of Indian politics which is not laissez-faire. On the contrary, itis a welfare state where the state has a duty to ensure that its citizens get social and economic justice. Also, along with this, they have the dignity of the individuals. 5.1.3 Overview of part 4 of the Constitution: 36 to 51. So, these articles can be broadly di policy directives, socio-economic policy, and pi There are nineteen articles in part 4 from articles ided into principles of administrative policy, social iples of international policy. 5.1.4 Principles of Administrative policy: For a nation to have a democratic government, it is important to foster the development of individuals. Also, to gather the village people, article 40 was inserted which called for village panchayats. While article 50, on the other hand, provides all the information for separation of judiciary from the executive. 5.1.5 Social Policy Directives: The concept of social justice under the constitution of india includes the diverse principles which are important for the growth and development of the personality of all citizens. Under article 38, the objective of the government is to protect and secure a social order which has social, economic, and political justice. Also, these justices are for every person in India. Under article 41, which calls the right to education, work, and public assistance for the economically weaker section? It makes the state to grant permission to government servants who are retired as well as their dependent individuals. Also, article 43A calls for the betterment of industrial relations with workers. Right to health and the rising levels of the nutrition of the people is given in article 47. There is also a provision of the ban on liquor in this article throughout Inia. 5.2Parliamentary System All the legislative powers of the federal Government are vested in the Parliament. The laws framed by the Indian Parliament are enforced in the whole of the country. The Parliament of India is a bi-cameral legislature. It consists of twa houses- Rajyasabha Lok Sabha and President of India, Rajyasabha is the upper house of the Parliament while Lok Sabha is the lower house of Page 13 of 29the Parliament. Parliament makes law with the help of Its both the houses. Laws passed by the parliament and approved by the president are enforced in the whole country. 5.2.lts powers and functions can be classified in to following heads: > Legislative powers: The subjects in our constitution are divided among state, union and concurrent lists. In concurrent list Parliamentary law is over riding than state legislative law. Executive powers: According to parliamentary form of government executives are responsible to the parliament for its acts and policies. Hence parliament exercises control by various measures like committees, question hour, zero hour etc. ministers are collectively responsible to the Parliament. v > Financial powers: It includes enactment of budget, scrutinizing the performance of government with respect of financial spending through financial committees (post budgetary control) > Constituent powers: Only parliament is empowered to initiate any proposal for amendment of the constitution. > judicial powers: includes © Impeachment of President for violation of constitution © Removal of judges of Supreme Court and High court o Removal of Vice- President © Punish members for breach of privileges like sitting in the house when the member knows he is not an eligible member, serving as member before taking oath ete > Electoral powers: The electoral powers and functions of the parliament are mentioned below; © The elected members of the parliament (along with state assemblies) participate in the election of the President ©. All the members of the parliament participate in the election of the Vice- President. © The Lok Sabha elects its Speaker and Deputy Speaker. © The Rajya Sabha elects its Deputy Chairman. © Members of various parliamentary committees are also elected, > Other powers Se To discuss various issues of national and international importance 0 Imposing emergency ‘© Increase or decrease area, change names, alter the boundary of the states © Create or abolish state legislature etc any powers can be added from time to time Article 245 of the constitution declares that parliament may make laws for the whole or any part of the territory of India and a state legislature can make laws for the whole or any part of the state. Page 14 of 29,5.3 Federal structure and distribution of legislative and financial powers between the Union and the States Federalism in India refers to relations between the Centre and states of Union of India. The Constitution of india establishes structure of the Indian government. Part Xlof the Indian Constitution specifies the distribution of legislative, administrative and executive powers between the union government and the states of India. This federalism is symmetrical in that the devolved powers of the constituent units are envisioned to be the same. Historically, the state of Jammu and Kashmir was accorded a status different than other States owing to a explicitly temporary provision of the Indian Constitution namely Article 370 (which was revoked by the Parliament in 2019). Union territories are unitary type, directly governed by the Union government. Article 1(1) of the constitution stipulates two-tier governance with an additional local elected government. Delhi and Pudduchery were accorded legislatures under Article 239AA and 239A, respectively. vA AS The legislative powers are categorized under a Union List, a State List and a Concurrent List, representing, respectively, the powers conferred upon the Union = those conferred upon the State governments and powers shared among them. ON 5.3.1 Features: There are two or more levels (tiers) of government. * Each level of government has its own jurisdiction in matters of legislation, taxation and administration even though they govern the same citizens. + Powers and functions of each tier of government is specified and guaranteed by Constitution. * The Supreme Court has been given power to settle disputes between state governments. 5.3.2 Legislative Powers: The division of powers are defined by the constitution and the legislative powers are divided into three lists: (i) Union List: Union List consists of 100 items (earlier 97) on which the parliament has exclusive power to legislate including: defence, armed forces, arms and ammunition, atomic energy, foreign affairs, war and peace, citizenship, extradition, railways, shipping and navigation, airways, posts and telegraphs, telephones, wireless and broadcasting, currency, foreign trade, inter-state trade and commerce, banking, insurance, control of industries, regulation and development of mines, mineral and oil resources, elections, audit of Government accounts, constitution and organisation of the Supreme Court, High courts and union public service commission, income tax, custom duties and export duties, duties of excise, corporation tax, taxes on capital value of assets, estate duty and terminal taxes. ii) State List: State List consists of 61 items (earlier 66 items). Uniformity is desirable but not essential on items in this list: maintaining law and order, police forces, healthcare, transport, land policies, electricity in the state, village administration, etc. The state legislature has exclusive power to make laws on these subjects. In certain circumstances, the parliament can Page 15 of 29make laws on subjects mentioned in the State List, but to do so the Ralya Sabha (Council of States) must pass a resolution with a two-thirds majority that it is expedient to legislate in the national interest Though states have exclusive powers to legislate with regards to items on the State List, articles 249, 250, 252, and 253 mention situations in which the Union government can legislate. (ii) Concurrent List: Concurrent List consists of 52 (earlier 47) items. Uniformity is desirable but ot essential on items in this list. The list mentions: marriage and divorce, transfer of property other than agricultural land, education, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social planning, trade unions, labour welfare, electricity, newspapers, books and printing press NS stamp duties. 5.3.3 Executive Powers: The Union and States have independent executive staffs controlled by their respective governments. In legislative and administrative matters, the union government cannot overrule the constitutional rights/powers of a state government except when presidential rule is declared in a State. The Union's duty is to ensure that the government of every State is carried on in accordance with the provisions of the Constitution as per Article 355 and Article 356. The State governments cannot violate the Central laws in administrative matters. When a State violates the Constitution, Presidential rule can be Imposed under Article 356 and the President takes over the State’s administration with ex post facto consent of the Parliament per Article 357. 5.3.4 Financial Powers: Article 282 accords financial autonomy in spending financial resources available to the states for public purpose. Article 293 allows States to borrow without limit without consent from the Union government. However, the Union government can insist upon compliance with its loan terms when a state has outstanding loans charged to the consolidated fund of India or a federally-guaranteed loan. The President of India constitutes a Finance Commission every five years to recommend devolution of Union revenues to State governments. Under Article 360, the President can proclaim a financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened. However, no guidelines define “financial emergency" for the country or a state or a union territory or a panchayat or a ‘municipality or a corporation. ‘An emergency like this must be approved by the Parliament within two months by a simple majority and has never been declared. A state of financial emergency remains in force indefinitely until revoked by the President. The President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts, in cases of a financial emergency. All money bills passed by the state legislatures are submitted to the President for approval. He can direct the state to observe economy measures. 5.3.5 Dispute Resolution: States can make agreements among themselves. When a dispute arises with other states or a union territory or the union government, the Supreme Court Page 16 of 29adjudicates per Article 131. However, Article 262 excludes Supreme Court jurisdiction with respect to adjudication of disputes in the use, distribution or control of interest of river waters. Under Article 263 the President can establish an interstate council to coordinate/resolve disputes between states and the Union.States have own jurisdiction. 5.3.6 Academic Research and Theories: According to Kumarasingham, there are three distinctive features of India’s federalism. First, its origins in Partition and the Princely States. Second, its constitutional power over the borders. Third, its early compromise of different cultural elements in the first decade. 5.3.7 Union Territories: Article 1 (1) says that India is a Union of States as elaborated under Parts V (The Union) and VI (The States) of the Constitution. Article 1 (3) says territories of India constitute states, union territories and other acquired territories. The concept of unton territory was established by the seventh amendment. 5.3.8 Aberrations: The state of Jammu and Kashmir had (as it was abolished by Union Govt on 5 ‘August 2019) a separate set of applicable laws under Article 370, read with Application to Jammu and Kashmir Order, 1954 (Appendix | and I!) of the Constitution of india. Only matters related to defence, foreign relations and communications of Jammu and Kashmir were under the jurisdiction of Union government. Laws enacted by the Parliament of India (including amendments to the constitution) applicable to rest of India were not valid in Jammu and Kashmir unless ratified by its state assembly. The Government of India could declare a state of emergency in Jammu and Kashmir and impose Governer’s rule in certain conditions. The state had its own constitution other than applicable Indian constitution. Part XII of the Jammu and Kashmir state constitution made provision to amend its constitution with two-thirds majority by the state assembly. Part VI (The states) and Part XIv (Services) of the Indian constitution were not applicable to Jammu and Kashmir per Article 152 and Article 308. ‘On 5 August 2019, the Government of india passed a move to dissolve Article 370 of the Constitution of India for the state of Jammu and Kashmir, and bifurcated the state into two Union Territories - Jammu and Kashmir and Ladakh by introducing the Jammu and Kashmir Reorganization Act in the Parliament of India. 5.3.9 Unitary Features: Article 1(1) of the constitution says India shall be a union of states. ‘The amended (in 1956) Article 3, allows the union government power with prior consent of the President (common head of states and union governments) to (a) form a new state/UT by separating a territory of any state, or by uniting two or more states/UTs or parts of states/UTS, or by uniting any territory to a part of any state/UT; (b) the power to establish new states/UT (which were not previously under india's territory] which were not in existence before. Lecture-6 6. Amendment of the Constitutional Powers and Procedure With the development of the State in every sphere, amendment has become necessary. The Constitution should be able to serve the needs of the society. People would have opted for Page 17 of 29extra constitutional remedies like Revolution, had there been no amendment procedure. The framers of the Constitution were anxious to have a document which could grow with a growing nation, adapt itself to the changing need and circumstances of growing people. When a Constitution is too flexible, it results in wrong exercise of power and thus harms its original provisions. When a Constitution is too rigid, it fails to grow according to the needs of a state. Therefore, the Indian Constitution is partly flexible and partly rigid. Article 368 contains the provisions for the Amendment of the Indian Constitution, The Constitution provides three ways for amendment. They are: . 6.1Amendment by Simple Majority WS Certain Articles of the Constitution can be amended by simple majority. Article 368 does not deal with this category of amendment. The following provisions eS ‘endment by simple majority: + Citizenship ‘+ Abolition or creation of Legislative Councils in Stati ‘+ Creation of Local Legislatures or Council ters or both for certain Union Territories \ ‘+ Admission or establishment of ne ‘+ Use of English language in the Parlia © Quorum of the Parliament(min-mi ‘+ Rules of procedure in the Parliament + Delimitation of Constitienci + Fifth schedule + Sixth schedule, ete. 6.2Amendment by Spec try Articles which require amendment by special majority come under the ambit of Article 368. The Articles which requ endment by special majority shall be brought into effect by a majority of thet each House of the Parliament and by majority of not less than 2/3 of the members o! House who are present and voting. s impeachment of the President under Article 61 + \(Approval of national emergency, etc. comes under this category. + ‘The Provisions which cannot be amended by Simple Majority and which do not require Ratification by States are amended by Special Majority. ilability-for-validity-of- proceedings) Page 18 of 296.3Amendment by Special Majority and Ratification by States Some Articles require Amendment by Special Majority as well as ratification by not less than % of the State Legislatures. The States have an important role in the amendments of these matters. The following provisions require ratification by the States: Election of President — Articles 54, Article 5S Extent of Executive powers of the Union and States — Article 73, Article 162 + Articles dealing with Judiciary, Supreme Court, High Court in the Stat Union Territories — Articles 124 to 147, Article 214 to 231, Article 241 ‘* Distribution of Legislative powers between the Centre and the ticle 245 to Article 255 ye ‘+ Any of the Lists of Seventh Schedule + Representation of States in Parliament Forth Schedule S ry + Article 368 (Amendment) S Procedure for Amendment A Bill in order to amend the Constitution may be rae any House of the Parliament tal st and must be passed by each House by a majority jembership of that House and by a majority of not less than 2/3 of the me tl e who are present and are voting. After being passed by both the Houses, it sl Presented to the President and he shall give his assent to the Bill. In this process the Cor is amended. Position in Australia in Australia, amendment of the Constitution shall be proposed by an absolute majority of both the Houses of the Parliament shall be submitted to the electors for approval within 6 months and on bein; re by a majority of the electors in majority of the states, the Constitution stands Position in a The! stitution can be amended by 2/3 of the votes of both Houses or by a c on the application of the Legislatures of 2/3 of the States. The amendment prot followed in Australia and America is difficult as compared to the procedure in India. 6.5Amendment of Fundamental Rights The topic of amendment of Fundamental Rights arose in the case of Shankari Prasad V Union of India. In this case, it was held that the power to amend the Constitution includes the power to amend Part III of the Constitution too. In the subsequent case that is Sajjan Singh V State of Page 19 of 29Rajasthan, the Court approved its previous decision and held that Fundamental Rights can also be amended. In the case of Golak Nath V State of Punjab the Supreme Court held that Part Ill of the Constitution cannot be amended and Parliament cannot abridge the fundamental rights of the citizens. In the case of KesavanandaBharati V State of Kerala the Supreme Court held that the Parliament can amend any part of the Constitution but the basic structure of the Constit ust be maintained. . 6.6Basic structure of Indian Constitution The Supreme Court has held that the basic structure of the Constitution cannot be amended. Basic structure includes provisions like Supremacy of the Constitu eratic and Republic form of Government, Sovereign, Secular, Socialist charact view, Fundamental Rights. 6.7Criticism of Amendment Procedure Ay ‘The following are the criticisms of the Amendment procedure: See nn inion on any Constitutional Amendment. * Any time limit regarding rati states has not been provided. As a result such amendments can be kille s take no action, + Anamendment in order to Sa should be passed by both the Houses, There may be differences in opinion the Houses but any procedure regarding solving it has not been provided in the Constitution. Lecture-7 XS 7. The hist ives of the constitutional amendments in India The 2020 Republic Day marks 71 years of the great Indian Constitution. The Constitution of India is the principal document that formulates the rights, duties and powers of citizens, governments and its officials. The constitution came into force on 26 January 1950, took nearly three years to complete, and Is regarded to be the world’s most extensive Constitution. «The State Legislatures have a mers + India lacks the provision of seekin However, as our society and its needs are ever-evolving, if the constitution does not keep pace, it will become redundant or lead to break down of law and order. Page 20 of 297.1Constitutional amendments in India After reaching the end of the long journey i.e. from 1600 to 1950 we realized that final forms and shape which Article 368 attained and emerged out of a hard battle of ideals, as the mechanism of the amending process in the Indian Constitution was worked out by the Union Constitution Committee and Drafting Committee of the Constituent Assembly with a written federal Constitution. A compromise was worked out between two divergent views prevalent amongst members as ‘one view favouring rigidity like U. S. Federal pattern on the other hand, other view laying stress ‘on flexibility by simple majority of Parliament in this struggle taking place mostly in the committees supporters of rigidity persisted strongly and were not prepared to give in. On the whole, flexibility seems to have suffered considerably, though it entered by back door. eS ele) ee | CONSTITUTIONAL AMENDMENTS OF INDI ie The founding fathers who illuminate the Constituent Assembly were great jurist, experienced politicians and statesmen, they knew that amending process is one of the most important aspects of any Constitution and their intention was to give India an adaptable Constitution. And final shape of Article 368 clearly exhibits the successful and fruitful result of meaningful deliberations and discussions regarding the adaptation of the amending provision in the Constituent Assembly. Article 368 read as follows: Page 21 of 29“An amendment of the Constitution may be initiated only by the introduction of a Bill for the purpose in either House of the Parliament, and when the Bill Is passed in each House by a mofority of the total membership of that House and by a majority of not less than 2/3rd of the members of that House present and voting, it shall be presented to the President for his assent and upan such assent being given to the Bill, the Constitution shall stand amended in accordance with the terms of the Bill.” So, as an advancing and subsisting document, numerous amendments have been made to it til 2016. Amendments to the Constitution require a special majority of ‘two-third’ members present and voting to be passed in Parliament. 7.2Nine Most Significant Amendments: 1. Abolition of states according to classes and the introduction of Union Territories and reorganization of states by language (1956): This was one of the first significant reforms of the boundaries of Indian states and territories, organizing them by the language spoken in those areas. This systematically arranged the states and lowered the complexity of state boundaries, Apart from this, it also abolished the Classification of states by progress and per-capita income of the states. 2. The mini-constitution (42nd amendment) inserted Socialism and Secularism in the preamble, a provision on fundamental (1976): Secularism and socialism were inserted to restore the faith of the nation that minorities would be safe and not be exploited by the rich strata. Also, the rich would not be allowed to dominate the country’s economy. The main reason to add socialism was to promote social as well as economic equality in the country. Similarly, the main reason to add secularism was to imply that there was no official state religion of the country, ight to Property deleted from the list of fundamental rights (1978); The fundamental right to property in India was removed to permit the reorganization of land and to facilitate land acquisition for developmental projects. This was carried out by the Indian government at that time since it was not affluent enough to pay people whatever they demanded their land. 4, Lawmakers may be disqualified on the grounds of defection (Law of Defection) (1985): This was quite a controversial amendment in itself since it was felt that this law would invade ‘on the right of free speech of lawmakers. Under the amendment, a Member of Parliament or Page 22 of 29state legislature was considered to have defected if they either on their own resigned from their party or violated the directions of the party leadership on a vote. That is, they may not vote on any issue in violation to the party's decision, Independent members would be disqualified if they joined a political party. Nominated members who were not members of a party could choose to join a party within six months; after that period, they were treated as a party member or independent member. 5. Voting age reduced from 21 to 18 (1989): The then Prime Minister Rajiv Gandhi explained it as an expression of the government's full faith in the youth of the country. The youth are aware and informed and thus, lowering of the voting age would provide an opportunity to the unrepresented youth of the nation to vent out their feelings and motivate them to become a part of the political process eventually. Introduction of Nagarpalikas and Municipalities (1993): During the early 90s local bodies in states had become ineffective in holding regular elections or the maintenance of public infrastructure, electricity and water supply. Thus, an immediate need to introduce effective authorities to execute the numerous plans and programs was felt by the government. 7. Free and compulsory education to children between 6 to 14 years (2002): One of the most important amendments, the government directed private schools to take 25% of their class strength from economically weaker or disadvantaged groups of society through a random selection process with the help of the government funding. This initiative was taken to try and provide elementary education to all. Moreover, the local and state governments were made to ensure its proper implementation. 8 Allowed the government to pass laws relating to reservations to socially, economically backward classes, scheduled castes and scheduled tribes in public and private higher educational institutions (2014): Scheduled castes and scheduled tribes have been the most neglected and exploited people in India. The curse of untouchability has always been a dark spot on Indian civilisation and culture. Despite the constitutional declaration of its abolition under Article 17, it was still quite prevalent in many subtle and not so subtle ways. Therefore, for the very integrity, survival and the nation’s unity the amendment to pass laws relating to such reservations were quite a need of the hour. Page 23 of 299. Introduction of the Goods and Services Tax (GST), to present the Idea of One Nation, One Tax (2016): The most recent important amendment came with the implementation of the GST, where consumers would not be subjected to double/ multiple taxations. All taxes that are imposed while purchasing goods will include both the central government's taxes as well as the state governments taxes. The introduction of GST has deterred the state governments from randomly increasing taxes. Lectures Sy ass 8. Emergency Provisions: National Emergency, President Rule, Finat jyand Local Self Government - Constitutional Scheme in India. The Indian Constitution gives President the authority to declare three types of emergencies: National Emergency, State Emergency and Financial Emergency. Emergency provisions in India are borrowed from Weimar Constitution of Germany. Constitution of India envisages ‘emergency of following three types: A-AAN > Article 352- National Emergency > Atticle 356-Emergency in state ( president's rule) > Asticle 360- Financial Emergency 8.1National Emergency > Under article 352, i the president is satisfied that there exists a grave situation, wherein the security of the country is threatened on the grounds of wars, external aggression or armed rebellion, he can proclaim emergency to that effect. Emergency can be declared over the complete territory of india or any part thereof. President can declare emergency only on the written advice of the cabinet A special majority is required to approve an emergency resolution. Once approved, emergency shall operate for a maximum period of not more than six months. Lok Sabha has the power to disapprove the operation of national emergency at any ‘time, if not less than 1/10th members of Lok Sabha in writing to the speaker, if house is in session, or to the president, then speaker or president as the case may be, shall convene a special session of Lok Sabha within 14 days and if such a resolution is passed, president shall revoke national emergency. vv v 8.1.1Amendments «38th Constitutional Amendment Act 1975: It empowered president to proclaim national ‘emergency on different grounds even though an emergency is already under operation Page 24 of 2942nd Constitutional Amendment Act 1976: {iit empowered president to modify or vary national emergency. Under the original constitution, only the imposition or revocations were possible (i) Under the original constitution, president could have imposed national emergency only over complete territory of India. This amendment enabled him over a part of the country. e 4ath Constitutional Amendment 1978: It was enacted to prevent the misuse of emergency power by the executive. 8.1.2Effects of National Emergency ae ‘On Executive- State governments are not dismissed, they continue to operate, but are brought under the effective control of the centre, which assumes the power to give instructions to state government, which shall abide by such directions. (On Legislature- State legislatures continue to operate and legislate, but parliament assumes concurrent legislative power on state subjects and a law such enacted by parliament, shall cease to operate at the expiry of six months after the revocation of national emergency, to the extent of incompetency. On Financial relations- President can suspend the distribution of financial resources between centre and states and centre can make use of any national resource to fight the cost on the basis of which, emergency is declared. ‘On Fundamental Rights- Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21). As per Article 358, when a proclamation of national emergency is made, the six fundamental rights under article 19 are suspended only when National Emergency is declared on the ground of ware or external aggression and not on the grounds of armed rebellion Article 359 authorises the president to suspend the right to move any court for the enforcement of fundamental rights during a National Emergency except for article 20 and article 21 8.2Article 356-Emergency in state ( President’s Rule) AS per Article 355, it shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution, Under article 356, if president is satisfied on the report of governor or otherwise that there exist a great emergency where the administration of the state cannot be continued in accordance with the provisions of constitution, by invoking article 355, any person can dismiss state government and take over the state administration on to himself and declare that parliament will enact law on behalf of state legislature. Page 25 ot 29.1Effects of President Rule (State Emergency) «On Executive- State government is dismissed and the executive power of the state is exercised by the centre. = On Legislature- State legislature does not function to legislate; state legislative assembly is either suspended or dissolved. = On Financial relation- There centre and the state. Amendments 1.42nd Constitution Amendment Act, 1976 extended the period of state emergency from 6 months to 1 year. no impact on the distribution of financial resources between 2. 44th Constitution Amendment Act, 1978 reverted back the operation of state emergency to 6 months. Further it divided the maximum period of 3 years of operation into 1 year under ordinary circumstances and 2 years under extra ordinary circumstances, for which the stipulated conditions shall have to be satisfied. 8.3Financlal Emergency Under article 360- If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof Is threatened, he may by a Proclamation make a declaration to that effect. This emergency is never imposed in India. 8.4Local Governance in India Local self-government is one of the most innovative governance change processes our country has gone through. The noble idea of taking the government of a country into the hands of the grass root level is indeed praiseworthy. Local Governance in India, has been formalized under the Panchayati Raj System since 1992 The Panchayati Raj system is a three-tier system with elected bodies at the village, taluk and district levels. The modern system is based in part on traditional panchayat governance, in part on the vision of Mahatma Gandhi and in part by the work of various committees to harmonize the highly centralized Indian governmental administration. 8.4.1Panchayati Raj System under 73rd and 74th Constitutional Amendment acts, 1992 The acts of 1992 added two new parts IX and IX-A to the constitution. It also added two new schedules — 11 and 12 which contains the lists of functional items of Panchayats and Municipalities. It provides for a three-tier system of Panchayati Raj in every state — at the village, intermediate and district levels. Page 26 of 29,8.4,2What are Panchayats and Municipalities? Panchayat and Municipality are the generic terms for the governing body at the local level. Both exist as three tier systems —at the lower, intermediate and upper levels. The 73rd Amendment is about Rural Local Governments (which are also known as Panchayati Raj Institutions or PRIs). This act provides for a Gram Sabha as the foundation of the Panchayati Raj system. It is essentially a village assembly consisting of all the registered voters in the area of the panchayat. The state has the power to determine what kind of powers it can exercise, and what functions it has to perform at the village level. The 74th Constitutional Amendment act provides for three types of Municipalities: 1. Nagar Panchayat for a transitional area between a rural and urban area. 2. Municipal Council for a small urban area. 3. Municipal Corporation for a large urban area. Municipalities represent urban local self-government. Most of the provisions of the two acts are parallel, differing only in the fact that they are being applied to either a Panchayat or a Municipality respectively. Each Gram sabha is the meeting of a particular constituency called ward. Each ward has a representative chosen from among the people themselves by direct election. The chairperson of the Panchayat or Municipality at the intermediate and district level are elected from among these representatives at the immediately lower level by indirect election. ~ ANY 8.4,3Types of Urban Local Government There are eight types of urban local governments currently existing in India: aN answne A™ Municipal Corporations. Municipality. Notified area committee. Town area committee. Cantonment board. Township. Port trust. Special purpose agency. 8.4.4How the elections are held in the local government bodies? All seats of representatives of local bodies are filled by people chosen through direct elections. The conduct of elections is vested in the hands of the State election commission. Page 27 of 29+ The chairpersons at the intermediate and district levels shall be elected indirectly from ‘among the elected representatives at the immediately lower level. ‘+ At the lowest level, the chairperson shall be elected in a mode defined by the state legislature. ‘+ Seats are reserved for SC and ST proportional to their popul + Out of these reserved seats, not less than one-third shall be further reserved for women. ‘+ There should be a blanket reservation of one-third seats for women in all the constituencies taken together too (which can include the already reserved seats for SC and ST). «The acts bar the interference of courts in any issue relating to the election to local bodies. QRY 8.5.5What are the Qualifications needed to be a member of the Panchayat or Municipality? Any person who is qualified to be a member of the state legislature Is eligible to be a member of the Panchayat or Municipality. "But he shall not be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years” This means that unlike the state legislature, a person needs to attain only 21 years of age to be a member of panchayat/municipality. 8.5.6What Is the duration of the Local Government bodies? aN OY + The local governing bodies are elected for a term of five years. + Fresh elections should be conducted before the expiry of the five-year term. + Ifthe panchayat/municipality is dissolved before the expiry of its term, elections shall be conducted within six months and the new panchayat/municipality will hold office for the remainder of the term if the term has more than six months duration. + And for another five years if the remaining term is less than six months. VOY * 8.5.7What are the Powers invested on these Local Government bodies? The powers of local bodies are not exclusively defined. They can be tallor-fitted by the state governments according to the environment of the states.in general, the State governments can assign powers to Panchayats and Municipalities that may enable them to prepare plans for economic development and social justice. They may also be authorized to levy, collect, or appropriate taxes. Page 28 of 29\aAX" -7What are the Powers invested on these Local Government bodies? ‘The powers of local bodies are not exclusively defined. They can be tailor-fitted by the state governments according to the environment of the states.in general, the State governments can. assign powers to Panchayats and Municipalities that may enable them to prepare plans for economic development and social justice. They may also be authorized to levy, collect, or appropriate taxes. Page 28 of 29 ‘The Way Ahead India has a chequered history of panchayati raj starting from the self-sufficient and self- governing village communities that endured the rise and fall of empires in the past, to the current highly structured system administration with a degree of local autonomy. Luke any system in the worl, this system is also imperfect. The system was intended to create greater participation in local government by people and more effective implementation of rural development programs. Although, as of 2015, implementation in all of India is not complete the intention is for there to be a gram panchayat for each village or group of villages, 2 tehsil level council, and a zila panchayat at the district level Problems of maladministration and misappropriation of funds are recurring. But this shall not stand in the way of efficient governance; and if these Il practices are rootes out, there would bbe no comparisons around the world to our system of local self-government. 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