R-20 Syllabus for CE, JNTUK w. e. f.

2020-21
JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY KAKINADA
KAKINADA – 533 003, Andhra Pradesh, India
DEPARTMENT OF CIVIL ENGINEERING

L T P C
II Year - I Semester
2 0 0 0
CONSTITUTION OF INDIA (MC)

UNIT-I
Introduction to Indian Constitution: Constitution meaning of the term, Indian Constitution - Sources and
constitutional history, Features - Citizenship, Preamble, Fundamental Rights and Duties, Directive
Principles of State Policy.
Learning outcomes: After completion of this unit student will
● Understand the concept of Indian constitution
● Apply the knowledge on directive principle of state policy
● Analyze the History, features of Indian constitution
● Evaluate Preamble Fundamental Rights and Duties

UNIT-II
Union Government and its Administration Structure of the Indian Union: Federalism, Centre- State
relationship, President: Role, power and position, PM and Council of ministers, Cabinet and Central
Secretariat, LokSabha, RajyaSabha, The Supreme Court and High Court: Powers and Functions; Learning
outcomes:-After completion of this unit student will
● Understand the structure of Indian government
● Differentiate between the state and central government
● Explain the role of President and Prime Minister
● Know the Structure of supreme court and High court

UNIT-III
State Government and its Administration Governor - Role and Position - CM and Council ofministers,
State Secretariat: Organisation, Structure and Functions
Learning outcomes:-After completion of this unit student will
● Understand the structure of state government
● Analyze the role Governor and Chief Minister
● Explain the role of state Secretariat
● Differentiate between structure and functions of state secretariat

UNIT-IV
A.Local Administration - District’s Administration Head - Role and Importance, Municipalities - Mayor and
role of Elected Representative - CEO of Municipal Corporation PachayatiRaj: Functions PRI:
ZilaPanchayat, Elected officials and their roles, CEO ZilaPanchayat: Block level Organizational Hierarchy -
(Different departments), Village level - Role of Elected and Appointed officials - Importance of grass root
democracy
Learning outcomes:-After completion of this unit student will
● Understand the local Administration
● Compare and contrast district administration role and importance
● Analyze the role of Myer and elected representatives of Municipalities
● Evaluate Zillapanchayat block level organisation

UNIT-V
Election Commission: Election Commission- Role of Chief Election Commissioner and Election
Commissionerate State Election Commission:, Functions of Commissions for the welfare of SC/ST/OBC
and women
Learning outcomes:-After completion of this unit student will
● Know the role of Election Commission apply knowledge
● Contrast and compare the role of Chief Election commissioner and Commissiononerate
● Analyze role of state election commission
● Evaluate various commissions of viz SC/ST/OBC and women

UNIT – I THE INDIAN CONSTITUTION

The constitution of the Indian Republic is the product not of a political revolution but of the research and
deliberations of a body of eminent representatives of the people who sought to improve upon the existing
system of administration, makes a retrospect of the constitutional development indispensable for a proper
understanding of this constitution.
THE ACT OF 1909:
This Act was introduced to widen the basis and expand the functions of the Government of India, and to give
further opportunities to the non-official and native elements in Indian society to take part in the work of the
Government.
The first attempt at introducing a representative and popular element was made by the Morley- Minto
Reforms, known by the names of the then Secretary of State for India(Lord Morley) and the viceroy (Lord
Minto ), which were implemented by the Indian Councils Act,1909.

GOVERNMENT OF INDIA ACT OF 1919.

The Government of India Act of 1919 during the period of World War I had an all pervasive impact on India
–Socially, economically, & politically. A wide range of problems emerged after the war, collectively labeled
as “dilemmas of dominion” by historian Judith Brown, which irrevocably altered the relations between
Britain and India
Salient Features Of The 1935 Act:
The Act of 1935 was a lengthy & detailed document. It consisted of 321 sections and 10 schedules. It partly
came into operation in 1936 when the general elections were held. It marked a second milestone on the road
to a full responsible govt. The following were the features of the Act:
1.Provincial Autonomy: It was an advance on the act of 1919. The Provinces for the first time got a measure
of Democratic Govt.
2.All India Federation :The Act of 1935 provided an All India Federation comprising the British Indian
Provinces & the Indian States. The constituent units of the federation were 11 provinces, 6 chief
commissioner’s provinces & all those states which agreed to join it.
3.Dyarchy at the Centre: The Act of 1935 abolished the Dyarchy at the provincial level and introduced it at
the centre. The subjects were divided into 2 categories- the Reserved and the Transferred.
4. Safeguards and Reservations: Another distinctive trait of the new Act was the provision of elaborate
safeguards & protective armours for minorities. The reason behind this was that the minorities needed
protection from the dominance of the majority community.
5. Supremacy of the Parliament : The Act of 1935 was a rigid one. No Indian was authorized to modify or
amend it. The British Govt. alone was given the authority to make changes in it.
6.Federal Court : The Act also provided for the establishment of Federal Courts to settle disputes arising
among the units themselves and also between the unit & the Federal Govt. One of the functions of the
Federal Courts was to interpret the controversial clauses of the Act.

INDIAN INDEPENDENCE ACT 1947:

This was the last and final Act formulated & implemented by the British Govt. It was the product of the
combined efforts of Lord Mountbatten, the last Governor General of India and Clement Atlee, the Prime
Minister of Britain. The draft of the Act was introduced in the British House of Commons in July 1947.

The important provisions of the Act were :

1. India and Pakistan shall be constituted as two separate independent states.
2. Two constituent Assemblies shall be formed, each for India and Pakistan & work as constitution
making bodies as well as legislative bodies in their respective domains.
3. The British Supremacy over British India & native princely states shall cease to exist . The Princely
states would be free to join either Domains or to remain independent.
Assembly to describe India as a Sovereign, Independent, Democratic, and Republican State. Later Babu
Rajendra Prasad was elected as chairman of the Constituent Assembly.
The nature & composition of the Constituent Assembly changed considerably with Mountbatten’s
announcement of partition on June 3,1947. As the Muslim League separated after India’s partition, the
strength of the Constituent Assembly was considerably reduced & reinforced the domination of Congress.
Many Intellectuals like Jawaharlal Nehru, Rajendra Prasad, Dr.B.R.Ambedkar, Moulana Azad, Shyam
Prasad Mukherjee, Durgabai Deshmukh, Sarojini Naidu, Vijaya Lakshmi Pandit, Rajkumari Amrut kaur,
Jagjivan Ram and many others were associated with the writing of the Constitution.
The Constituent Assembly was setup with Dr.B.R Ambedkar as its chairman with B.L.Mitter, N.Gopala
Swamy Iyyengar, Syed Mohammed Sadulla, Dr.K.M.Munshi,Sir Alladi Krishna Swamy Ayyar and
D.P.Khaitan as its members. The Constituent Assembly drafted the constitution and circulated it for public
discussion in Feb.1948. As a result 7635 amendments were proposed out of which 2473 amendments were
accepted. After careful consideration of the draft between Nov.1949. Finally the constitution of India
came into existence from 26 January 1950,ie. After 2years,11months &18days.

SOURCES OF THE INDIAN CONSTITUTION:

Indian Constitution was prepared on the basis of several sources. It incorporated several features of the
prominent Constitutions of the World. The important sources & influences on Indian Constitution include
the following:
1. Govt. of India Acts of 1919 and 1935 were used & certain elements were considered.
2. In all matters of parliamentary traditions, rule of law, cabinet government, legislature-executive
relations, single citizenship & nominal executive etc., were drawn from the British Constitution.
3. Provisions relating to Fundamental Rights, Judicial Review Impeachment of the President etc., are
drawn from the American Constitution.
4. Some items like Directive Principles of State Policy are taken from Ireland Constitution.
5. Some of the Emergency Powers of the President are drawn from the Constitution of Germany.
6. Matters such as Concurrent List, Trade &Commerce & Transport, joint sitting of Parliament etc., were
included on the model of Australian Constitution.
7. The operating clause of Right of Life & Liberty “Procedure Established by Law” is drawn from the
Japanese Constitution.
8. Federal structure with powerful centre of Indian Constitution is designed based on the constitution of
Canada.
9. The provisions relating to the procedure to amend the Constitution are based on the South African
Constitution.
10. The idea of Republic and the ideals of liberty, equality and fraternity and drawn based on the
Constitution of France.
SALIENT FEATURES OF INDIAN CONSTITUTION
Indian Constitution is a unique constitution. It is a written & lengthiest constitution with voluminous size,
blend of unitary & federal features & flexibility & rigidity.
1. Written & Detailed Constitution.
The Constitution of India is a written document. It was drafted, debated and enacted by the Constituent
Assembly of India. It took 2 years, 11 months and 18 days to write and enact the constitution. Originally
Indian Constitution consists of 395 articles, divided into 22 parts with 8 Schedules. Many factors have
contributed for the bulkiness of the constitution. Almost all matters relating to the composition &
organization of Union Territories, provisions regarding special Constitutional bodies like the Election
Commission, the UPSC & State Public Service Commission are made in a very comprehensive manner.
Similarly several matters relating to Fundamental Rights, Fundamental Duties, Directive Principles of State
Policy , Union- State relations, Official Language & Regional Languages are clearly mentioned in the
Constitution.

Noble Aims & Objectives:

Indian Constitution has noble aims &objectives. It secures to all its citizens, justice-social, economic &
political matters. It also provides all its citizens, Liberty of thought, expression, belief, faith& worship.
Further it promotes among all people the equality of status & opportunity. It strives for Fraternity by
assuring the dignity of the individual & the unity and integrity of the nation.

Combination Of Rigidity & Flexibility:

The Constitution of India can be amended with Rigid and Flexible methods. The Union Parliament can
amend some parts of the constitution by a simple majority. For example, the formation of new States,
changing the boundaries of states, Rules regarding citizenship etc. can be amended by simple majority.
Some matters related to Fundamental Rights and Directive Principles can be amended through 2/3 majority
method in Parliament.

Parliamentary Government:
Indian Constitution introduced the British Parliamentary System of Government at Central and State levels.
However the British type of hereditary monarchy was not adopted in India. Instead the makers of the
constitution suggested for Irish type of elected President for India.
They adopted all the features of British political system such as two types of executive heads, Prime
Minister’s leadership, collective responsibility, Parliament’s control over the union executive, nominal status
of the president etc.

Fundamental Rights:
The Constitution of India guarantees these rights in the form of Fundamental Rights. These rights are
justifiable and are protected by the judiciary. In case of violation of any of these rights one can move to the
court of law for their protection. The Constitution of India provides for six fundamental rights. They are:
1. Right to equality.
2. Right to freedom.
3. Right against exploitation.
4. Right to religion.
5. Cultural and educational rights &
6. Right to constitutional remedies.

Fundamental Duties:
Our Constitution incorporated fundamental duties in article 51A under Part IV-A based on the
recommendations of Swaran Singh Committee on constitutional reforms. It provides a list of fundamental
duties for all the citizens of India. They are;
1. To abide by the constitution and respect the national flag and the national anthem.
2. To safeguard public property, abjuring violence, developing scientific temper ect. 3.
3. To project the Sovereignty and integrity of India.
Directive Principles Of State Policy:
The Directive Principles of State Policy have been adopted from the Irish Constitution, which is another
unique feature of Indian Constitution. They were included in our constitution to provide social and economic
justice to our people. They aim to establish a welfare state in India. The principles of state policy are:
1. Adequate means of livelihood.
2. Equal pay for equal work.
3. Fair distribution of wealth.
4. Education &health care for children below 14 years.

Independent Judiciary:
India has a single integrated judicial system. The Supreme Court stands as the apex court of the judicial
system. Below the Supreme Court are the High Courts. Indian Judiciary is independent and impartial. The

Indian judiciary is free from the influence of the executive and the legislature. The judges are appointed on
the basis of their qualification.

Single Citizenship:
In a federal state usually the citizen enjoys double citizenship (as in the case of U.S.A. )In India there is
single citizenship. It means that every Indian is the citizen of India, irrespective of the place of residence or
place of birth. All citizens of India can secure employment anywhere in the country & enjoy all the rights
equally in any part of India.

Universal Adult Franchise:

Indian Constitution granted universal adult franchise to all the citizens of India who have attained the age of
18 years. The voting age in India between 1950- 1987 was 21 years. All the citizens, above 18 years
,without any discrimination based on caste, religion, language, region, gender, colour, creed, property etc.
enjoy this right without any restrictions.

Bicameralism:
The Constitution of India introduced bicameralism at the national level. The Indian Parliament comprises of
two houses namely Lok Sabha (Lower House ) and Rajya Sabha (Upper House). Lok Sabha represents the
people, the Rajya Sabha denotes the interests of the states. The makers of the constitution adopted the British
& American type of bicameralism in this regard.

Panchayat Raj & Nagar Palika Acts:

This is an important feature of Indian Constitution. Gandhiji several times expressed the need for
establishing & strengthening the Local self bodies for improving the conditions of the people. Many efforts
were made to strengthen Local self governing bodies in India in the post independence period. As a result
the Constitution’s 73rd & 74th Amendment Acts were formulated as Panchayat Raj & Nagarpalika Acts in
the year 1992.

OBJECTIVES OF THE CONSTITUTION.

The following are the objectives of the Constitution.
1. India must be considered as a complete Sovereign and Republic state.
2. To introduce democratic system in India based on the power of the state should belong to all.
3. Fundamental Rights should be granted to all the citizens.
4. Special protection must be given to religious minorities, like Muslims, Christians, & Sikhs.
5. Promote International Peace & Security.
INDIA IS “SOVEREIGN, SOCIALISTIC, SECULAR, DEMOCRATIC & REPUBLIC”.
The Preamble of the Indian Constitution explains the objectives of the Constitution, about the structure of
the governance and the ideals to be achieved in independent India. It Is because the preamble is considered
to be the key of the constitution. The preamble after 42nd amendment declares India as a “Sovereign,
Socialist, Secular,
Democratic & Republic”.

1. Sovereignty: Sovereignty is one of the foremost element of any independent state. It means absolute
independence. A country cannot have its own constitution without being sovereign. India is a Sovereign
country. It is free from external control. It can frame its internal and external politics of its own.
2. Socialistic: The word socialist is incorporated to the constitution in 1976 with 42nd amendment in
the preamble. The word Socialism has been used in the context of economic planning. It means to attain
ideals like removal of inequalities, provisions of minimum basic necessities to all equal pay for equal work.
The Directive Principles of State Policy were included in the constitution to provide economic equality and
social justice to the people.
3. Secularism: India is neither religious nor irreligious nor anti religious. It states that there will be no
state religion. The state will not support any particular religion. This has two implications:(a)every
individual is free to believe in & practice any religion he belongs to and (b) State will not discriminate
against any individual or group on the basis of religion.
4. Democratic: The preamble of the constitution states that the constitution belongs to the people.
Democracy is generally known as Government of the people, by the people, for the people. The Democratic
Principles are highlighted with the provision of Universal Adult Franchise.

Republic: The preamble of the constitution declares India as a

Republic. It means that the head of the State is the President, who is indirectly elected and he is not a
hereditary ruler as in the case of Great Britain.

Important Parliamentary Terms.

* Act- A bill passed by both Houses of Parliament & assented to by the President.
*Adjournment of sitting of the House – Termination of a sitting of the House which meets again at the time
appointed for the next sitting.
* Bill – The draft of a legislative proposal put in a proper form which, when passed by both Houses of
Parliament & assented to by the President becomes a bill.
*Motion – A formal proposal made to the House by a minister or a member that a house do something, or
order something to be done.
* Ordinance – A law made by the President in exercise of the powers vested in him under Article 123
of the constitution.
* Prorogation – The termination of a session of Rajya Sabha by an order made by the President under
Article 85(2)(a)of the constitution.
* Quorum – The minimum number of members required to be present at a sitting of the House for
valid transaction of its business, which is 1/10th of the total number of members of the House.
* Zero Hour –The time after completion of Question Hour, allotted for raising any matter of public
importance without prior notice.
 UNIT-II.
STATE GOVERNMENT: GOVERNOR, CHIEF MINISTER, COUNCIL OF MINISTERS.

The structure & and organization of State Governments are similar to that of the Union Government. Part
VI of the Indian Constitution, Articles 152 to 237 deal with the matters of State Government. These
articles contain the structure of various organs, powers and functions of State Government. There are two
types of executive heads in all the states. Of them one is the Governor and the second one is the Chief
Minister. The Governor is appointed by the President of India. The Chief Minister is appointed by the
Governor. The Governor acts as the constitutional executive head of the State Government.

The Governor.
The Governor is the constitutional head of the State Executive. He represents the State. He is appointed by
the President of India. All the affairs of the State Government are carried out in his name.
Appointment, Salary & Allowances, Tenure.
The appointment of the Governor has been adopted from the Canadian Constitution. Article 153 of the
constitution states that there shall be a Governor for each state. However, sometimes a person can act as a
Governor for two or more states on the directives of the President. The President appoints the Governor
on the advice of the Prime Minister.
The Governor receives the salary of Rs. 1,10,000/-apart from other allowances and
privileges. He resides in “Rajbhavan”. The Governor continues in office for a period of five years. He
holds the office during the pleasure of the President. He can be removed or transferred before five years.
Further, even after the expiry of five years, the Governor may remain in his office till the assumption of
office by the new incumbent.
Powers & Functions of the Governor.
1. Executive Powers. The Governor is vested with the executive powers of the State Government. He
exercises these powers directly or through officers subordinate to him.
* He appoints the Chief Minister.
* He appoints the ministers on the advice of the Chief Minister.
* He allocates portfolios among the ministers, reshuffles their portfolios.
* He removes the ministers on the advice of the Chief Minister.
* He also appoints the Vice-Chancellors of the universities in the state.
* He appoints the Chairman & Members of the-
a) State Public Service Commission.
b) Official Language Commission.
c) Minorities Commission.
d) Commission for Women and
e) State Government Undertakings.

*He regulates the postings & transfer of the All India Services Personnel working in the state.
* He promulgates ordinances during the recess of the State Legislature.
* He appoints the Chief Secretary and Advocate General of the State Government.
* The Governors of Bihar, Madhya Pradesh, Odissa and Assam have a special responsibility of promoting
the welfare of the tribal people.
Legislative Powers.
* The Governor is an integral part of the state. He convenes and prorogues the two Houses of
State Legislature. He dissolves the Lower House of State Legislature.
* He addresses the State Legislative Assembly in person or through messages.
* He nominates 1/6th of the members of the State Legislative Council.
* He nominates an Anglo-Indian member to the State Legislative Assembly if no one is elected to that
House.

* He inaugurates the first session of the State Legislative Assembly every year or after the general
elections are over.
* He accords permission to the bills sent by the State Legislature or returns them suggesting alterations or
modifications.
* He appoints the pro-tem Speaker of the State Legislative Assembly.
Financial Powers.
The Governor accords permission to the members for moving money bills in the State Legislature. He
causes the annual budget of the state government to be placed before the state legislature. He maintains
the Contingency Fund of the State. He sees that the various financial reports are laid before the State
Legislative Assembly.

Judicial Powers.
The Governor has some judicial powers and functions. He appoints the postings and promotions of the
district judges and other judicial officials. He can grant pardon, reprieve or remission of punishment or
suspend, remit or cancel the sentence of a person convicted of any offence against law. He suggests the
President in the matters concerning the appointment of High Court Judges. He appoints the judicial
personnel of the subordinate courts in the state on the recommendations of the High Court.
Miscellaneous Powers.
The Governor receives the annual report of the State Public Service Commission and passes it on to the
Council of Ministers for comments. Thereafter he sends the report and comments to the Speaker of the
Legislative Assembly for placing it before State Legislature.
THE CHIEF MINISTER.
The Chief Minister plays a prominent role and occupies a key position in the State Government. He acts as
the head of the (State Council of Ministers),(b) Party in power, and (c) the leader of the Assembly,
(d) the people. He influences the public opinion in the state.

Qualifications and Appointment & Tenure.

* He must be the citizen of India.
* He must have completed twenty five years.
* He must not hold any office of profit.
* He must possess such other qualifications as prescribed by an Act of the Parliament.
The Chief Minister is appointed by the Governor (Article 164). Normally the Governor appoints
the leader of the majority party in the State Legislative Assembly as the Chief Minister after the general
elections. There is no fixed tenure for the Chief Minister. He and the other ministers hold the office and
exercise powers during the pleasure of the Governor. The Chief Minister and the other ministers are
collectively responsible to the State Legislative Assembly. Normally the Chief Minister holds the office
for a period of five years.
Powers and Functions.
The Chief Minister exercises vast powers and carries out varied functions.
Formation of Ministry. The Chief Minister chooses some members of his party or constituent parties in
the case of a coalition and recommends their names to the Governor to be appointed as Ministers. He
renders advice to the Governor in the matters of allocation of portfolios to the Ministers. He also renders
advice to the Governor in dropping a Minister from the ministry.

Presides over the Cabinet Meetings. The Chief Minister is the chairman of the State Cabinet. He
presides over its meetings. He decides the agenda, initiates discussions and influences the policies of the
Cabinet.
Link between the Governor and the Council of Ministers. The Chief Minister is the main link between
the Governor and the Council of Ministers. It is his duty to communicate to the Governor all the decisions
of the Council of Ministers, relating to the administration of the state. He is the chief advisor of the
Governor.
Leader of the Legislative Assembly & Chief Spokesman. The Chief Minister is the leader of the
Legislative Assembly. He informs the party members about the programmes implemented by the State
Government. He seeks cooperation and support of the legislators for the successful and effective
implementation of the Govt. policies. He brings co-ordination between the members of Assembly and the
Government. He is the chief defender of the policies of the State Government. He is the chief spokesman
of the State Government. He makes important announcements on behalf of the Govt.
Can Dissolve the State Legislative Assembly. The Chief Minister can advice the Governor to dissolve
the State Legislative Assembly in case he finds that the Government cannot be carried on in accordance
with the provisions of the constitution or in case he is likely to lose the majority in the Assembly.

Role in Union- State Relations. As a real head of the state administration, the Chief Minister maintains
good relations with the Union Government. He uses his position for securing financial grants and help
required for carrying out the development works in the state.

COUNCIL OF MINISTERS IN THE STATE.

The State Council of Ministers includes (i) the Chief Minister, (ii) Ministers of cabinet rank,(iii) Ministers
of the state rank and sometimes deputy ministers. All the ministers including the Chief Ministers are
appointed by the Governor. The Chief Minister enjoys the privilege to select a few legislators of his party
and recommend their names to the Governor for appointment as ministers. The size of State Council of
Ministers cannot be more than 15%of the total strength of the State Legislative Assembly.

POWERS AND FUNCTIONS OF THE COUNCIL OF MINISTERS.

The powers and functions of the State Council of Ministers is mentioned below:
Formation of state Government Policies: The State Council of Ministers has the responsibility of
formulating and determining the policies of the state government. It makes discussions and takes decisions
on various matters of the State Government.
Maintains The Administration: The State Council of Ministers maintains the state administration. They
are responsible for running the administration of the state in accordance with the policies of the
government and laws passed by the State Legislature .Each minister has one or two departments under his
control and is responsible for the administration of such departments.
Powers of Appointment: The State Council of Ministers play a key role in all appointments to the
various offices in the state. The appointment of the Advocate General, Vice Chancellors of Universities of
the state, Chairman and Members of the State Public Service Commission, etc., are all done by the
Governor on the advice of the State Council of Ministers.
Financial Functions: The State Council of Ministers controls the finances of the state. The Cabinet
formulates and implements all development policies and plans .It manages the finances of the state in
accordance with the policy and budget as passed by the State Legislature.
Role in Law Making: The cabinet plays a significant role in law making in the state. It carries out this
role as long as it enjoys the support of majority members in the State Legislative Assembly. The Governor
summons, prorogues and dissolves the State Legislative Assembly on the advice of the Council of
Ministers headed by the Chief Minister.

LEGISLATIVE ASSEMBLY.
Legislative Assembly is the popular, democratic, powerful and directly elected House of the State
Legislature. There will be a Legislative Assembly for every state. It represents the people of the state. Its
membership varies between 60 and 500. The members are directly elected by the voters of various
constituencies in the state. The membership of the House is proportionate to the population of the state.
Some seats are reserved for scheduled castes and scheduled tribes. The Governor has the power to
nominate a member in the Anglo-Indian community in case he finds that the community has inadequate
representation in the Legislative Assembly.

QUALIFICATIONS:
A person who wishes to contest for the membership of the State Legislative Assembly must possess the
following qualifications.
I . He must be the citizen of India.
2. He must have completed the age of twenty five years.
3. He must not hold an office of profit.
4. He must possess such other qualifications as prescribed by an Act of the Parliament.

Tenure:
Legislative Assembly like Lok Sabha is not a permanent house. The normal tenure of Legislative
Assembly is five years. It can be dissolved by the Governor any time. It can be suspended or dissolved by
the President under Article 356. The tenure of the Legislative Assembly may be extended for a period not
exceeding six months by an Act of Parliament during emergency. Later elections must be held without
delay within six months duration.
The Legislative Assembly will have two elected officers i.e., the Speaker and the Deputy
Speaker for conducting its business. The position, powers and functions of these officers is the same as
those of the Speaker and the Deputy Speaker in the Lok Sabha. They may be removed from office by a
resolution of the House supported by the majority of the existing members of the House.
LEGISLATIVE COUNCIL.
Legislative Council is the upper house of the State Legislature. At present only 6 states i.e., Telangana,
Andhra Pradesh, Bihar, Karnataka, Maharashtra and Uttar Pradesh have Legislative Councils. The total
membership of the Legislative Council cannot be less than 40 and not more than 1/3rd of the total
membership of the Legislative Assembly of the state.
Qualifications & Tenure.
I) He must be a citizen of India.
2) He must have completed thirty years of age.
3) He must possess such other qualifications laid down by the Act of the Parliament. Besides a person
who is not a member of any other State Legislature or Union Parliament can become a member of the
State Legislative Council.

Tenure.

The Legislative Council is a permanent house. 1/3rd of its members shall retire for every two years. Every
member holds the membership for a term of six years. The Council meets at least twice a year. There shall
not be a gap of more than six months between any two sessions of the Council.

Composition.

There are five different categories of representation in the Legislative Council. They are as follows:
a) 1/3rd of the total members are elected by electorate consisting of Members of local self governing
bodies like Municipalities, Municipal Corporations, District Boards, etc., in the state.
b) 1/3rd to be elected by the members of the Legislative Assembly.
C) 1/12th to be elected by the electorate consisting of University Graduates or others possessing
equivalent qualifications and who are residing in the state.
d) 1/12th to be elected by the electorate consisting of secondary school teachers or those in higher
educational institutions with at least three years experience in teaching.

e) The remaining members will be nominated by the Governor on the basis of their special knowledge or
practical experience in literature, science, arts, co-operative movement or social service.

The members are elected by the method of proportional representation by means of single
transferable vote.

Powers and Functions of State Legislature.

Legislative Power:
State Legislature makes laws on the subjects of State List and Concurrent List. Ordinary bills can be
introduced in either of the two houses. They become law only when they are passed by the two houses
and assented by the Governor. Almost all the bills are first introduced in the Legislative Assembly and
then later sent to the Legislative Council. In states having Unicameral Legislatures, Legislative Assembly
alone carries out all the law making functions.

A bill passed by the Assembly will be referred to the Council by the speaker. At this stage the Council has
four alternative courses of action, namely,
i) It may reject the bill
ii) It may change some or all contents of the bill
iii) It may take no action on the bill for a period of three months
iv) It may pass the bill to the Assembly.
In the first three cases the Assembly takes up the bill for re- consideration. In this context it may or may
not accept the amendments made by the Council and pass the bill thereof. Then the bill will be referred to
the Council for approval. Then the Council shall have to accept the bill with in the period of one month.
If the bill is not approved within one month, it will be sent to the Assembly. Then the decision of the
Assembly would be final.

Executive Powers:
The State Legislature controls the State Council of Ministers headed by the Chief Minister. The Ministers
and the Chief Minister are collectively responsible to the Legislative Assembly for their acts. The
Ministers can remain in office so long as they enjoy the confidence of the majority members in
Legislative Assembly. The legislators exercise control over the Ministry through several methods like call
attention motions, adjournment motions, questions, supplementary questions, censure motions, no-
confidence motions etc.

Financial Powers:

The State Legislature will have considerable financial powers and functions. In this regard Legislative
Assembly enjoys more powers than that of the Legislative Council. The State Legislature exercises
control over the finances of the state government. The Assembly first approves all money bills. Later the
Council approves them with in fourteen days. If the Council fails to approve money bills with in the
stipulated period, money bills are deemed to be approved by the State Legislature.

Constitutional Amendment Powers:

The State Legislature plays a secondary role in matters of constitutional amendment. It cannot initiate any
proposal for amending the provisions of the constitution. Some provisions of the constitution can be
amended by the Union Parliament and half of the State Legislatures. If the Parliament amends the
constitution for altering the boundary of a state, the opinion of the concerned State Legislative Assembly
is needed before sending such a bill in the Parliament.

Electoral Functions:
The members of the State Legislative Assembly take part in the election of the President of India. They
also elect 1/3rd of the members of the Legislative Council Members of the respective houses elect the
members of various Legislative Committees. The members of the Legislative Assembly elect a speaker
and Deputy Speaker, the members of Legislative Council elect a Chairman and a Deputy Chairman from
among themselves.
 UNIT-II UNION GOVERNMENT PANCHAYAT RAJ & NAGAR PALIKA

INTRODUCTION:

The 73rd and 74th Amendment Acts (1992) of the Indian Constitution deals with Local Self Government in
India. The 73rd Constitutional Amendment is about rural local Governments (which are also known as
Panchayat Raj Institutions or PRI). The 74th Constitutional Amendment made provision to urban local
Governments (Nagar Palikas or Municipal Bodies). Both these Amendments came into force in1993.
These Amendments could be termed as milestones in strengthening the grassroots of Indian Democracy.

Q. Describe briefly the three-tier structure of Panchayat Raj.

The three-tier system of local self govt. envisages Panchayati at the village level Panchayati Samithi at the
block level and Zilla Parishad at the district level. Each tier is linked to the next tier through the system of
indirect elections. However elections to Panchayats at the village level are direct. The organizations and
functions of various Panchayat Raj Institutions are as follows.

1. Village Panchayati: This is the basic or grassroots level of Panchayati Raj. It consists of the elected
representatives of the membership usually varies from 5 to 31. In addition to elected members sets are also
reserved for S.C. and S.T. Women etc. The Chairman of the Panchayati is known as the Sarpanch, who is
elected by members of the Panchayati from among themselves.
Panchayats are responsible for the formation and implementation of developmental programmes at the village
level. They also perform certain administrative functions such as taking care of village sanitation, Public
Health, Street Lighting, construction and maintenance of bridges , wells and ponds, village roads, village
schools etc.
Gram Sabha: The Gram Sabha is the general body of the village. It consists of all adults residing with the
jurisdication of the Panchayati. It supervises the work of Panchayati and lays down necessary guidelines for
its working. It controls the finances of the Panchayati, imposes various taxes and examines its accounts. The
Gram Sabha usually meets twice a year and examines and approves the various development schemes of the
Panchayati.

Nyaya Panchayat: These are judicial Panchayati and reminder of ancient village Panchayati that settled
local disputes. These are set up to provide speedy and inexpensive justice. Nyaya Panchayats generally deal
with petty civil and criminal cases and can impose fine up to 100/-only. There are no lawyers to plead the
cases in Nyaya Panchayati. Parties to the disputes argue their own cases.
2. Panchayat Samithi: The second or middle tier of the Panchayat Raj is Panchayat Samithi which provides
a link between Gram Panchayat and Zilla Parishad. The strength of Panchayat Samithi also depends on the
population in the Samithi area. In Panchayat Samithi, some members are directly elected. Sarpanch of Gram
Panchayats are ex-officio members of Panchayat Samithi. The number varies from state to state and is rotated
annually. It means that only Chairperson of some Gram Panchayat in a Samithi areanare members of
Legislative Assemblies, Legislative Councils as well as members of Parliament who belong to the Samithi
area are co-opted as its members, Chair persons of Panchayat Samithi are generally elected from among the
directly elected members.
3. Zilla Parishad: Zilla Parishad at the district level is the upper most tier of the Panchayat Raj system.
This institution has some directly elected members whose number differ from state to state as it is also based
on population. Chairpersons of Panchayat Samithi are ex-officio members of Zilla Parishad. Members of
Parliament, Legislative Assemblies and Councils belonging to the districts are also nominated members of
Zilla Parishads. The chairperson of Zilla Parishad is called President, is elected from among the directly
elected members. The Vice Chairperson is also elected similarly. ZP meetings are conducted once in a
month.

Q. Describe the main provisions of the 73rd Amendment Act, 1992.

The 73rd Constitution Amendment Act,1992 recognizes the imperative need to enshrine in yhe
Constitution certain basic and essential features of Panchayat Raj Institution to impart certainty,
continuity and strength to them.
The Constitution ( 73rd Amendment)Act, 1992 came into force on April 24,1993. It has inserted Part IX
(containing Articles 243, 243-A to 243-O) which deals with THE PANCHAYATS. The Act has given a
Constitutional status to Panchayat Raj Institutions. The 73rd Amendment Act has marked a new era in the
federal democratic setup of the country. The Act has institutionalized the Panchayat Raj Institutions at the
village, intermediate and District levels as the third tier of governance. Its aim is to provide social justice to
the deprived classas in the Panchayat and inculcate leadership qualities among them.

Main Provisions of the Act.

1. Definitions:(Article.243)
The Act has defined many terms like Gram Sabha, Panchayat, District, etc. which are found in the Act.
2. Gram Sabha (Article 243-A)
The Act provides a Gram Sabha at the Village Level.
3. Constitution of Panchayat(Article 243-B)
The Act envisages a uniform three tier system of panchayats. They are (1) Village Level (2) Block Level and
(3) District Level
4. Composition of Panchayat (Article 243-C)
The Act insists the State Legislature to make laws for the composition of Panchayat on uniform basis. It
specifies direct elections to Panchayat for Territorial Constituencies.
5. Reservation of seats (Article 243-D)
The Act provides reservations in Panchayat for the SC and ST in proportion to their population. It provides
1/3rd of seats reserved for women.
6. Duration of Panchayat (Article 243-E)
The duration of Panchayat is five years. In case of dissolution, elections shall be conducted within six
months.
7. Qualification & Disqualification(Article 243-F)
The Act prescribes the eligibility and disqualifications for the candidates in the Panchayat.
8. Powers & Functions (Article 243-G)
The Act provides Eleventh Schedule which lists out 29 specific areas of operations of every village.
9. Source of Income (Article 243-H)
The Act points out various sources of income to Panchayat.
10. The Finance Commission (Article 243-I)
The Act provides for the establishment of the Finance Commission to review the position of Panchayats.
11. Audits and Accounts (Article 243-J)
There are many provisions for Audit and Accounts of panchayat.
12. State Election Commission (Article 243-K)
The Act entitles the State Election Commission to ensure free and fair elections in Panchayat.
13. Panchayat in Union Territories (Article 243-L)
The Union Territories have to follow the Directions of President in respect to Panchayats.
14. Exempted Areas (Article 243-M)
There are some exemptions to the states having Administration Councils in Scheduled Areas.
15. Continuation of Some Laws (Article 243-N)
According to the Act, those provisions which were in force before the Act, shall continue in force until they
are repealed.
16.Courts not to Interfere (Article 243-O)
The Act provides that the Courts have no Jurisdiction to examine the validity of a law and the electoral
matters of Panchayat.

Q. Discuss Article 243-G in detail.

Ans. Eleventh Schedule of Article 243-G states about the various powers and authorities the Panchayats
have. It covers 29 areas.
1. Agriculture, including agricultural extension.
2. Land improvement, implementation of land reform, land consolidation and soil conservation.
3. Minor irrigation, water management and watershed development.
4. Animal Husbandry, dairying and poultry.
5. Fisheries.
6. Social forestry and form forestry.
7. Minor forest produce.
8. Small scale industries, including food processing industries.
9. Khadi, Village and Cottage industries.
10. Rural Housing.
11. Drinking Water.
12. Fuel and Fodder.
13. Roads, culverts, fences, waterways and other means of communication.
14. Rural electrification, including distribution of electricity.
15. Non-conventional energy sources.
16. Poverty alleviation programme.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural Activities.
22. Markets and Fairs.
23. Health and sanitation, including hospitals, primary health centers and dispensaries.
24. Family welfare center.
25. Women and Child Development Center.
26. Social welfare, including the welfare of the handicapped and mentally distorted.
27. Welfare of the weaker sections and in particular of the Schedule Castes and the Scheduled Tribes.
28. Public Distribution System.
29. Maintenance of Community Assets.
Q. What were the major reforms introduced by the 74th Constitutional Amendment Act?
Ans. Prior to the 74th Constitutional Amendment Act, there was no uniformity in respect of composition,
duration and function of the urban local bodies in various states, there were also kept suspended for long
time by the state government on petty grounds. 74th Amendment Act has given recognition to these bodies
and has also prescribed uniformity in their duration and has also made it obligatory that no local body can be
kept in state of suspension for more than 6 months. The Act has introduced many reforms in the working of
Urban local bodies.

Reforms introduced by the Act: The 74th Constitutional Amendment Act has affected the following
changes in the Urban Local Bodies.
1. Constitution of Municipalities(Articles 243-Q) The Act has made it obligatory on the State
Government to constitute municipalities in its area as under..
a) Nagar Panchayati or body under some other name in small towns or town.
b) A Municipal Council for a smaller urban area; and
c) A Municipal Corporation for a larger urban area.
2. Composition of Municipalities( Article 243-R)The Act deals with the composition of Municipality. It
prescribes direct elections in Municipalities for the election of ward members. The State Legislature makes
rules and regulations for the representation of persons having special knowledge or experience in Municipal
administration; the members of Lok Sabha and the members of the State Legislative Assembly representing
constituencies which comprises the Municipal area; the members of Rajya Sabha and the members of the
State Legislative Council, registered as the electors within the Municipal area; the Chairperson of
Committees.
3. Ward Committees (Article 243-S) Article 243 S of the Act authorized the State Legislature to make
legislation of ward Committees in Municipality.
4. Reservation of seats (Article 243 T) Article 243 T of the Act provides for reservation of seats for the SC
and STs in the Municipal area. It also provides reservation for women in municipal area (1/3rd of total
number of seats)
5. Duration of Municipalities, etc.,(Article 243-U) The Act prescribes duration of Municipality. According
to it, every Municipality, unless dissolved, shall continue for five years. It states that elections must beheld
within six months soon after the dissolution of the municipal body.
6. Disqualifications (Article 243-V) The Act provides for qualifications and disqualifications for the
membership of the municipal bodies. According to it, all questions of disqualifications shall be referred to
such authority as the State Legislature determines.
7. Powers, Authority and Responsibility of Municipality(Article 243-W) Article 243 W says that the
Legislature of a state may, by law, endow the municipalities with such powers and authority to enable them
to function as the institutions self Government. The Act has provided Twelfth Schedule which contains 18
subjects on which the Municipality shall have full authority. The Act has enlisted these subjects
separately as the Twelfth Schedule.
8. Powers to impose taxes by the Municipality (Article 243-X) The Act provides that the Legislature of a
state may authorize a Municipality to levy, collect and appropriate certain taxes. Article 243 X has
 mentioned certain provisions for the source of income to Municipalities.
9. Finance Commission (Article 243 Y) According to Article 243 Y of the Finance Commission (which is
constituted for the Panchayats under Article 243 I )shall also review the financial position of the
municipalities and forward necessary recommendations to the Governor.
10. Audit of Accounts of Municipalities (Article 243-Z) Article 243 Z says, the Legislature of a State may,
by law, make provisions with respect to maintenance of accounts by the Municipalities and the auditing of
such accounts.
11. Elections to the Municipalities (Article 243-ZA) According to Article 243 ZA, the State Election
Commission is entitled to conduct elections to Municipalities.
12. Application to Union Territories (Article 243-ZB) According to the Act, the President of India may
direct that the provisions of the Act shall apply to any union territory subject to certain exceptions and
modifications.
13. Exempted Areas (Article 243- ZC) The Act does not apply to the Schedule areas and the Tribal Areas.
The Act further says that the Act shall not affect the Darjeeling Hill Council of the West Bengal.
14. Committee For District Planning (Article 243-ZD) The Act has enabled the State Legislature to create
a Committee for District Planning in each district for consolidating plan activities.
15. Committee for Metropolitan Planning (Article 243-ZE) The Act has provided for the establishment
of metropolitan planning committees to prepare a draft development plan and implement the programme.
The State Legislature may make provisions with the respect of the composition of the Committees etc.
16. Continuance of Existing Laws of Municipality (Article 243-ZF) According to the Act, all the
provisions which were prior to 74th Constitutional Amendment, shall continue in force until they are
amended or replaced by the State Government.
17. Bar on Interference by Courts (Article 243-ZG) The Act provides that the courts have jurisdiction to
examine the validity of a law and the electoral matters of the municipality. The validity of an election to any
municipality may be challenged only through an election petition presented to such authority and in such a
manner as provided by law made by the Legislature of a State.

NITI Aayog ESTABLISHMENT

On the 13th of August, 2014, the Modi Government scrapped the 65-year-old Planning Commission and
announced that it would be replaced by a new body. Accordingly, on January 1, 2015, the NITI Aayog
(National Institution for Transforming India) was established as the successor to the planning commission.
However, it must be noted here that the NITI Aayog, like that of the Planning Commission, was also created by
an executive resolution of the Government of India (i.e., Union Cabinet). Hence, it is also neither a
constitutional body nor a statutory body. In other words, it is a non- constitutional or extra-constitutional body
(i.e., not created by the Constitution) and a non-statutory body (not created by an Act of the Parliament).
NITI Aayog is the premier policy ‘Think Tank’ of the Government of India, providing both directional and
policy inputs. While designing strategic and long-term policies and programmes for the Government of India,
NITI Aayog also provides relevant technical advice to the Centre and States.
The centre-to-state one-way flow of policy, that was the hallmark of the Planning Commission era, is now
sought to be replaced by a genuine and continuing partnership of states.
In a paradigmatic shift from the command and control approach of the past, NITI Aayog accommodates
diverse points of view in a collaborative, rather than confrontationist, setting. In the spirit of federalism, NITI’s
own policy thinking too is shaped by a ‘bottom-up’ approach rather than a ‘top- down’ model.

The new institution will be a catalyst to the developmental process; nurturing an overall enabling environment,
through a holistic approach to development going beyond the limited sphere of the Public Sector and
Government of India. This will be built on the foundations of:3
1. An empowered role of States as equal partners in national development; operationalising the principle of
Cooperative Federalism.
2. A knowledge hub of internal as well as external resources; serving as a repository of good governance
best practices, and a Think Tank offering domain knowledge as well as strategic expertise to all levels of
government.
3. A collaborative platform facilitating implementation; by monitoring progress, plugging gaps and
bringing together the various ministries at the Centre and in States, in the joint pursuit of developmental goals.
In the same context, the Union Finance Minister Arun Jaitley said: “The 65-year-old Planning Commission had
become a redundant organisation. It was relevant in a command economy structure, but not any longer. India is
a diversified country and its states are in various phases of economic development along with their own
strengths and weaknesses. In this context, a ‘one-size-fits-all’ approach to economic planning is obsolete. It
cannot make India competitive in today’s global economy.”
4 The Resolution observed: “Perhaps most importantly, the institution must adhere to the tenet that while
incorporating positive influences from the world, no single model can be transplanted from outside into the
Indian scenario. We need to find our own strategy for growth. The new institution has to zero in on what will
work in and for India. It will be a Bharatiya approach to development.”

COMPOSITION
The composition of the NITI Aayog is as follows:
(a) Chairperson: The Prime Minister of India
(b) Governing Council: It comprises the Chief Ministers of all the States, Chief Ministers of Union
Territories with Legislatures (i.e., Delhi and Puducherry) and Lt. Governors of other Union Territories.
(c) Regional Councils: These are formed to address specific issues and contingencies impacting more than
one state or a region. These are formed for a specified tenure. These are convened by the Prime Minister and
comprises of the Chief Ministers of States and Lt. Governors of Union Territories in the region. These are
chaired by the Chairperson of the NITI Aayog or his nominee.

(d) Special Invitees: Experts, specialists and practitioners with relevant domain knowledge as special
invitees nominated by the Prime Minister.
(e) Full-time Organisational Framework: It comprises, in addition to the Prime Minister as the Chairperson:
(i) Vice-Chairperson: He is appointed by the Prime Minister. He enjoys the rank of a Cabinet Minister.
(ii) Members: Full-time. They enjoy the rank of a Minister of State.
(iii) Part-time Members: Maximum of 2, from leading universities, research organisations and other relevant
institutions in an ex-officio capacity. Part-time members would be on a rotation.
(iv) Ex-Officio Members: Maximum of 4 members of the Union Council of Ministers to be nominated by
the Prime Minister.
(v) Chief Executive Officer: He is appointed by the Prime Minister for a fixed tenure, in the rank of
Secretary to the Government of India.
(vi) Secretariat: As deemed necessary.

OBJECTIVES
The objectives of the NITI Aayog are mentioned below:
1. To evolve a shared vision of national development priorities, sectors and strategies with the active
involvement of States in the light of national objectives. The vision of the NITI Aayog will then provide a
framework ‘national agenda’ for the Prime Minister and the Chief Ministers to provide impetus to.
2. To foster cooperative federalism through structured support initiatives and mechanisms with the States
on a continuous basis, recognising that strong States make a strong nation.
3. To develop mechanisms to formulate credible plans at the village level and aggregate these
progressively at higher levels of government.
4. To ensure, on areas that are specifically referred to it, that the interests of national security are
incorporated in economic strategy and policy.
5. To pay special attention to the sections of our society that may be at risk of not benefitting adequately
from economic progress.
6. To design strategic and long-term policy and programme frameworks and initiatives, and monitor their
progress and their efficacy. The lessons learnt through monitoring and feedback will be used for making
innovative improvements, including necessary mid-course corrections.
7. To provide advice and encourage partnerships between key stakeholders and national and international
like-minded think tanks, as well as educational and policy research institutions.
8. To create a knowledge, innovation and entrepreneurial support system through a collaborative
community of national and international experts, practitioners and other partners.
9. To offer a platform for resolution of inter-sectoral and inter-departmental issues in order to accelerate
the implementation of the development agenda.
10. To maintain a state-of-the-art Resource Centre, be a repository of research on good governance and best
practices in sustainable and equitable development as well as help their dissemination to stake-holders.
11. To actively monitor and evaluate the implementation of programmes and initiatives, including the
identification of the needed resources so as to strengthen the probability of success and scope of delivery.
12. To focus on technology upgradation and capacity building for implementation of programmes and
initiatives.
13. To undertake other activities as may be necessary in order to further the execution of the national
development agenda, and the objectives mentioned above.

Unit – V Elections – Election Commission of India.

Elections enable every adult citizen of a country to participate in the process of Government formation. We
frequently observe elections in our country. These include elections to elect members of the Lok Sabha,
Rajya Sabha, State Legislative Assemblies, Legislative Councils and of President & Vice President of India.
Elections are also held for local bodies such as the Municipalities, Municipal Corporations and Panchayat
Raj justifications. If you have attained the age of 18 years, you must have voted in some of these elections.

This Commission was set up by the constitution’s article 324 of part 15, which mentions about the
composition, powers and functions of the Election Commission. At present, the Election Commission
consists of three members. Of the three, the first member acts as the Chief Election Commissioner, the
remaining two members are called as Election Commissioners. They are appointed by the President of India
on the advice of the Union Council of Ministers. The President appoints those who possess impartial attitude,
honesty, wisdom and administrative experience. They continue in the office for a period of six years or up to
the age of 65 years. Therefore, even if they are appointed by the President, they cannot be removed by him.
They cannot be removed under normal conditions.

Powers and Functions of the Election Commission.

The Election Commission is an Autonomous body. It has the following powers & functions.
1. The Election Commission determines the geographical area of the constituencies as per the
suggestions of delimitation commission.

2. It prepares the electoral rolls and remises them on the eve of general election.
3. It prepares the electoral rolls and hears objections if any, on them.
4. It makes elaborate arrangements for conducting elections to the Offices of President and Vice
President.
5. It conducts selections to the Union Parliament and State Legislative Assemblies/ State Legislative
Councils.

6. It appoints election observers and expenditure observers for conducting the elections on free, fair,
impartial and honest manner.
7. It makes suggestions to the President in regard to the appointment of State Election Commissioners.
8. It also makes arrangements for conducting by elections and mid-term polls.
9. It supervises the matters concerning counting of votes declaration of results and issuing certificates to the
winners on elections.
10. It allots elections symbols to the various political parties, prescribes the mode of conduct to be
followed by the parties, people candidates and election personnel in times of Elections.
11. It gives advice to the President of India in regard to the disqualification of members of Parliament/ State
Legislatures.
12. It formulates policy and allots time for canvassing of Political parties through radio and television in
times of elections.
13. It makes enquiry into the undesirable incidents during elections.
14. It takes steps for avoiding rigging and booth capturing events with the help of the Police,
Paramilitary and other forces.
15. It submits the list of successful candidates in elections to the President of India and Governors of the
concerned states.

Electoral process followed during Lok Sabha or Assembly Elections.

Democracy becomes successful and meaningful through the medium of Elections. Elections in India are
conducted according to the procedure laid down by Law. The following process is observed.
1. Notification for Elections: The process of election officially begins after the recommendation of the
Election Commission, the President in case of Lok Sabha and the Governor in case of Assembly, for the
election. Seven days are given to candidate to file nomination. The 7thday, the last date after the issue of
notification excluding Sunday. Scrutiny of nomination papers is done on the day normally after the last date
of filing nominations. The candidate can withdraw his nomination on the second day after the scrutiny of
papers. Election is held not earlier than 20th day after the withdrawal.

2. Filling of Nomination: A person who intends to contest an election is required to file the nomination
papers in a prescribed form indicating his name, age, postal address and serial number in the electoral rolls.
The candidate is required to be duly proposed and seconded at least two voters, registered in the concerned
constituency. These papers are than submitted to the Returning Officer designated by the Election
Commission.
3. Security Deposit: Every candidate has to make security deposit at the time of filing nomination. For
Lok Sabha, candidate has to make a deposit Rs. 10,000/-Assembly Rs. 5000/-But for S.C. & S.T.
candidates need to deposit Rs. 5000/-to Lok Sabha & Rs. 2,500/- for Assembly elections. The Security
deposit is forfeited if the candidate fails to get at least 1/6th of the total votes polled.

4. Scrutiny and a withdrawal: All nomination papers received by the Returning Officer are scrutinized on
the day fixed by the Election Commission. This is done to ensure that all papers are filled according to the
procedure laid down and accompanied by required security deposit. The Returning Officer is empowered to
reject a nomination paper, if it is not in proper. The second day after the security of nomination papers in the
last date for the withdrawal of the candidate.
5. Election Campaign: Campaigning in the process by which a candidate tries to persuade the voters to
vote for him rather than others. During this period, the candidate try to travel though their constituency to
influence as many voters as possible to vote in their favour. A number of campaign techniques are
involved in the election process some of these are; Holding of Public Meetings, distribute of hand bills,
highlighting the main issues of their election manifest, door to door appeal by influential people in the party
and Broadcasting and telecasting of speeches by various political leaders .Campaigning stops 48 hours
before the day of polling.

6. Model Code of Conduct: During the Campaigning period the parties and the candidates to abide by a
code of conduct evolved by the election commission. The code of conduct is as follows:
a) The Political Parties &contesting candidates should not use religious places for election campaign.
b) Such speeches should not be delivered in a way to create hatred belonging to a different religion, caste
and languages etc.
c) Official machinery should not be used for election work.
d) No men grants can be sanctioned and one cannot misuse mass media for campaign.

7. Scrutinisation of Expenses: The Political Parties and the candidates contesting in the election spend
large amount on their election campaign. The Election Commission has the power to scrutinize the election
expenses to be incurred by the candidate. There is a ceiling on expenses to be incurred in parliamentary as
well as Assembly election. Every candidate is required to file an amount of his election expenses within 45
days of declaration of results. In case of default or if the candidate has incurred more than the prescribed
limit, the commission can take appropriate action and the candidate elected may be disqualified and his
elections may be countermanded.

8. Polling, Counting and declaration of Results: In order to conduct polling, large numbers of polling
booths are setup in each constituency. Each booth is placed under the charge of Presiding Officers to help
the process. A Voter casts his vote secretly. After the polling is over, ballet boxes are sealed in the presence
of agents of the candidates. Agents ensure that no voter is denied right to vote, provided the voter turns up
comes within the prescribed time limit.

9. Electronic Voting Machine: (EVM) The Election Commissioner has started using temper proof
electronic voting machines to ensure free and fair elections. Each machine has the names and symbols of the
candidates in a constituency. One electronic voting machine can accommodate maximum of 16 candidates.
If the number of candidates is very large ballot papers may be used. The machine is easy to operate, when
the machine is used, the counting of votes becomes more convenient and faster. In 2004 General Elections
EVMs were used all over the country for Lok Sabha elections.
Q. Write in brief the short comings of electoral system in India.

There are certain short comings of our Electoral system. They are:
1. Money Power: The role of money in elections has become a serious problem. The Political Parties and
then use this money to influence the voters. Many other corrupt practices are also adopted during election
such as bribing, rigging, impersonation and providing transport and conveyance of voters to and fro the
polling station. The reports of liquor being distributed in poor areas during elections.
2. Muscle Power: Earlier the criminals used to support the candidates by intimidating the voter at a gun point
to vote according to their direction. Now they themselves have come out openly by contesting the elections
leading to criminalization of politics. As a result violence during elections has also increased.

3. Caste and Religion: Generally the candidates are given ticket on the basis of caste and communities and
possess enough resources. Even the electorates vote on the caste and communal lines. Communal loyalties
of the voters are used at the time of propaganda campaign.

4. Misuse of Government Machinery: All the political parties do not have equal opportunity in respect of
access to resources. The party in power is always in advantage position than the opposition parties. There is
widespread allegation that the party in power accomplishes misuse of Govt. machinery.

All these features lead to violence, booth capturing, rigging bogus voting, forcible removal of ballot papers,
ballot boxes burning of vehicles etc. which results into loss of public faith in elections.