Notes

Article 244 (1) of the Indian Constitution defines Scheduled Areas as the areas defined so by
the President of India and are mentioned in the fifth schedule of the Constitution. In India,
there are 10 states having scheduled areas. Article 244 deals with the Scheduled and Tribal
Areas.

The Sixth Schedule under Article 244 (2) of the Constitution relates to those areas in the
States of Assam, Meghalaya, Tripura and Mizoram which are declared as “tribal areas” and
provides for District or Regional Autonomous Councils for such areas.

Schedule & Tribal Areas – Fifth Schedule and Sixth

Schedule of the Constitution
The two schedules entail the details about the control and management of the Scheduled and
Tribal Areas:

Fifth Schedule of the Indian Constitution Sixth Schedule of the Indian Constitution

The provisions regarding the administration and control of This schedule deals with the administration and control of
Scheduled and Tribal Areas of any state except the four the scheduled and tribal areas of the four states of the
states are mentioned under this schedule: northeast, that are excluded in the fifth schedule:

 Assam  Assam
 Meghalaya  Meghalaya
 Tripura  Tripura
 Mizoram  Mizoram

Read about all the Schedules of the Indian Constitution in the linked article.

Article 244 and Article 244 A of the Indian Constitution

The Scheduled and Tribal Areas are dealt with two articles:

Article 244 Article 244 A

This article deals with the administration This article deals with the formation of an autonomous state that comprises
of the Scheduled and Tribal Areas certain tribal areas of Assam and having a council of ministers therefore

Note: Article 339 of the Indian Constitution mentions the Union government’s control over
the Scheduled Areas administration and welfare of the Scheduled Tribes

Read about the important articles of the Indian Constitution in the linked article.
Definition of Scheduled and Tribal Areas
The areas inhabited by the socially and educationally backward ‘Aboriginals’ are called
Scheduled Areas.

Quick Facts about Scheduled Areas

1. Part 10 of the Indian Constitution entails the provisions related to Scheduled and Tribal Areas with
Articles 244 – 244 A.
2. President is empowered to declare an area as Scheduled Area
3. With the consultation of the governor of the state, the President can alter, add, diminish the
boundary of a Scheduled Area
4. Both the Centre and the State have their roles to play in the administration of the Scheduled areas.
While the governor of the state has to report annually to the President over the management of such
area, the Centre gives directions to the state regarding the administration of such areas.
5. A tribal advisory council is a must for the states having scheduled areas

 It has 20 members (Three-Fourth of which are Scheduled Tribes’ representatives in that

state legislative assembly.)

6. The power to decide whether any central or state legislation implies over the state having scheduled
areas, lies in the hands of the Governor.
7. Governor can also repeal or amend any regulations w.r.t to the state having scheduled areas but
only with the assent of the President of India
8. The first commission to report on the administration and welfare of the Scheduled Areas was
established in 1960 and was headed by UN Dhebar
9. There are 10 states having 5th scheduled areas:

 Andhra Pradesh

 Chhattisgarh

 Gujarat

 Himachal Pradesh

 Jharkhand

 Madhya Pradesh

 Maharashtra

 Odisha

 Rajasthan and

 Telangana

10. Criteria for the declaration of the Scheduled Area:

  Prominent numbers of tribal population, i.e. when tribal people are in majority in an area

 Compactness and reasonable size of the area

 A viable administrative entity such as a district, block or taluk, and

 Economic backwardness of the area as compared to the neighbouring areas.

Quick Facts about Tribal Areas

1. Sixth Schedule mentions the provisions related to the tribal areas of the four states – Assam,
Meghalaya, Tripura and Mizoram
2. Sizeable amount of autonomy has been given to the people belonging to the tribal areas of these
four states to govern themselves
3. The tribal areas in these four states come under the name of ‘Autonomous Districts,’ but the state
still has its executive authority over them
4. The power to organise and reorganise the tribal areas as autonomous districts lie with the governor
of the state. He can also alter the name, boundary of such tribal areas.
5. One autonomous district can have different tribes, which for better administration is divided into
autonomous regions by the governor
6. There is a district council for each autonomous district:

 It has 30 members

 Four are nominated by the governor – They perform their duties during the
pleasure of the governor

 26 are elected using the adult franchise – Their term of office is five years.

7. There is a separate regional council for each autonomous district

8. The laws related to the following can be made by the regional and autonomous councils with the
assent of the governor:

 Land

 Forests

 Canal water

 Shifting cultivation

 Village administration

 Inheritance of property

 Marriage and divorce

 Social customs
 9. The territorial jurisdictions of autonomous and regional councils may or may not have village
councils and courts of trials of suits to mend issues rising between tribes. Such cases can also be
taken over by the High Court but only after being specified by the governor.
10. The central and state acts do not apply to these autonomous and regional councils (unless modified
and accepted.)
11. The tribal areas in the four states are given below:

Assam  North Cachar Hills District

 The Karbi Anglong District

 The Bodoland Territorial Areas District

Meghalaya  Khasi Hills District

 Jaintia Hills District

 The Garo Hills District

Tripura Tripura Tribal Areas District

Mizoram  The Chakma District

 The Mara District

 The Lai District

Candidates reading, ‘Scheduled and Tribal Areas,’ are suggested to also read the following
topics:

National Commission for Scheduled Castes National Commission for Scheduled Tribes

National Commission for Backward Classes Important Amendments in the Indian Constitution

Comptroller and Auditor General of India Comptroller and

Auditor General of India
On 7th August 2020, Girish Chandra Murmu has been appointed as the new
Comptroller and Auditor General of India (CAG.) Earlier, he was the Lieutenant-
Governor of Jammu & Kashmir Union Territory. Before him, Rajiv Mehrishi assumed
the CAG office on 25 September 2017.
Comptroller and Auditor General of India is the apex authority responsible for external and
internal audits of the expenses of the National and state governments. It is popularly known
as the CAG of India. In this article, we will discuss in brief about the office of the CAG and
its functions. It is an important topic for General Studies Syllabus. It is included in the
Constitutional Bodies: Statutory, regulatory, and various quasi-judicial bodies in General
Studies Paper 2.

Part V of the Indian Constitution describes the role and responsibilities of this office in
Chapter V. The Comptroller and Auditor General is one of the few offices directly appointed
by the President of India.

Powers of the Comptroller and Auditor General of India

Article 148 of the Constitution of India establishes the authority of this office. It states the
following points in relation to the establishment and powers of CAG:

 The Comptroller and Auditor General is appointed by the President of India and can be removed
from office only in the manner and on the grounds that a Judge of the Supreme Court is removed.
 The person appointed to this office should take an oath of office before the President or any other
person appointed by the office of the President.
 The salary, service conditions, leaves of absence, pension, and age of retirement are determined by
the Parliament of India and specified in the Second Schedule such that the service conditions and
salary will not be modified to the disadvantage of the incumbent during their tenure.
 The CAG is not eligible for any further office after the end of their tenure either in the Government
of India or any State Government.
 The powers and functions of the CAG are subject to the provisions of the Indian Constitution and
any Acts of Parliament, along with the service conditions for the Indian Audits and Accounts
Department. The rules governing these would be prescribed by the President in consultation with
the incumbent.
 The expenses on the administration of this office including all allowances, salaries and pensions
would be charged to the Consolidated Fund of India.
 The incumbent is appointed for a period of 6 years or until attaining the age of 65 years whichever
is earlier.

CAG – Constitutional Provision Highlights

1. Article 148 broadly deals with the CAG appointment, oath and conditions of service.
2. Article 149 deals with Duties and Powers of the Comptroller and Auditor-General of India.
3. Article 150 states that the accounts of the Union and of the States shall be kept in such form as the President
may, on the advice of the CAG, prescribe.
4. Article 151 says that the reports of the CAG of India relating to the accounts of the Union shall be submitted to
the president, who shall cause them to be laid before each House of Parliament.
5. Article 279 deals with the Calculation of “net proceeds” is ascertained and certified by the Comptroller and
Auditor-General of India, whose certificate is final.
6. Third Schedule – Section IV of the Third Schedule of the Constitution of India prescribes the form of oath or
affirmation be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India at
 the time of assumption of office. Know more about the Judge of the Supreme Court of India.
7. According to the 6th Schedule the accounts of the District Council or Regional Council should be kept in such
form as CAG, with the approval of the President, prescribes. In addition, these bodies’ accounts are audited in
such a manner as CAG may think fit, and the reports relating to such accounts shall be submitted to the
Governor who shall cause them to be laid before the Council.

In order to be able to discharge duties effectively, certain privileges and powers which
facilitate the process of auditing have been given to this office. The following are the major
powers of the CAG of India:

 The Comptroller and Auditor General or his staff can inspect any office of the organizations which
are subject to his audit. He and his staff can scrutinize the transactions of the government and
question the administration regarding the various aspects of these transactions. After scrutinizing
the transactions, the CAG may withdraw his objections or, if he finds them serious, incorporate
them in his report which is submitted to the Parliament.
 To enable the office to perform this function smoothly, he is endowed with full access to all the
financial records including books, papers, and documents. Moreover, the CAG has the freedom to
ask for relevant information from any person or organization. His right to call for information and
accounts is statutory, as was affirmed by the order made by the Government of India in 1936 in
order to enforce the Act of 1935.

The present provision of according him free access to files and information is a practice
continuing from the past. A modification, however, was introduced in 1954 in the central
government according to which, if secret documents are involved, they are sent to the CAG
by name specifically and are returned as soon as the work is over.

Duties of CAG
Articles 148, 149, 150 and 151 of the Constitution of India describe the functions and powers
of this office. The following is a brief description of various areas dealt with in these Article
of the Constitution:

 Article 149: Duties and Powers of the Comptroller and Auditor General: To perform such duties
and exercise such powers in relation to accounts of the Union of India and the states and of any
other bodies or authority, as may be prescribed by any law made by the Parliament.
 Article 150: Form of Accounts of the Union of India and the States: To prescribe, with the approval
of the President, the form in which the account of the Union and of the States are to be kept.
 Article 151: CAG Reports: To report to the President or to the Governors of the States on the
accounts of the Union or State. The constitution has also provided in Article 279(i) that the CAG
has to ascertain and certify the net proceeds of any tax or duty mentioned in Chapter I of Part XII
of the Constitution. Besides these constitutional provisions and the Duties Powers and Conditions
of Service Act of 1971, is necessary to mention that, before 1976, the CAG had a two-dimensional
role, that accounting and auditing. Due to the separation of accounts and audit in 1976, the CAG’s
duty is the auditing of accounts. Since 1976, accounting is being done by the various departments
themselves with the help of the Indian Civil Accounts Service.

List of Comptroller & Auditor General of India

List of Comptroller & Auditor General of India Term
 V. Narahari Rao 1948 -1954

A.K Chanda 1954 -1960

A.K Roy 1960 -1966

S. Ranganathan 1966 -1972

A.Bakshi 1972 -1978

Gian Prakash 1978 -1984

T.N Chaturvedi 1984 -1990

C.G Somiah 1990 -1996

V.K Shunglu 1996 – 2002

V. N. Kaul 2002 – 2008

Vinod Rai 2008 – 2013

Shashi Kant Sharma 2013 – 2017

Rajiv Mehrishi 2017 – Aug 2020

Girish Chandra Murmu Present

Role of CAG in India

The role of this office is to uphold the provisions of the Indian Constitution and laws enacted
by the Parliament in the field of financial administration. The accountability of the executive
(i.e., the council of ministers) to the Parliament in the sphere of financial administration is
secured through CAG reports. The office is responsible to and is an agent of the Parliament
and conducts audits of expenditure on its behalf.

 The CAG has ‘to ascertain whether money shown in the accounts as having been disbursed was
legally available for and applicable to the service or the purpose to which they have been applied or
charged and whether the expenditure conforms to the authority that governs it’.
 The office can perform a propriety audit, that is, it can look into the ‘wisdom, faithfulness and
economy’ of government expenditure and comment on the wastefulness of such expenditure.
However, unlike the legal and regulatory audit, which is obligatory on the part of the CAG, the
propriety audit is discretionary.
 The secret service expenditure is a limitation on the auditing role of the CAG. In this regard, the
CAG cannot call for particulars of expenditure incurred by the executive agencies but has to accept
a certificate from the competent administrative authority that the expenditure has been so incurred
under his authority.

The Constitution of India visualizes this office to be Comptroller as well as Auditor General.
However, in practice, the incumbent officer is fulfilling the role of an Auditor-General only
and not that of a Comptroller. In other words, ‘the office has no control over the issue of
money from the consolidated fund and many departments are authorised to draw money by
issuing cheques without specific authority from the CAG, who is concerned only at the audit
stage when the expenditure has already taken place.

The powers of the CAG, regarding audits, are provided for in the Comptroller and Auditor
General of India (Duties, Powers and Conditions of Service) Act, 1971. According to this act,
the CAG can audit:

 All receipts and expenditure from the Consolidated Fund of India and of the states and union
territories.
 All transactions relating to the Contingency Funds and Public Accounts. • All trading,
manufacturing, profit and loss accounts and balance sheets and other subsidiary accounts kept in
any department.
 All stores and stock of all government offices or departments.
 Accounts of all government companies set up under the Indian Companies Act, 1956.
 Accounts of all central government corporations whose Acts provide for audit by the CAG.
 Accounts of all authorities and bodies substantially funded from the Consolidated Fund. Accounts
of any authority, even though not substantially funded by the government, at either the request of
the Governor/President or at the CAG’s own initiative.

Functions of the CAG of India

The Constitution in Article 149 provides the legal basis for the Parliament to prescribe the
duties and powers of the CAG in relation to the accounts of the Union and of the States and
of any other authority or body. The CAG Duties, Powers and Conditions of Service (DPC)
Act, was passed in the parliament in 1971. The DPC Act was amended in 1976 to separate
accounts from audit in the Government of India. The duties and functions of the CAG as laid
down by the Constitution are:
  Auditing the accounts related to all expenditure drawn from the Consolidated Fund of India,
consolidated fund of every state and consolidated fund of every union territory having a Legislative
Assembly.
 Audit of all expenditure from the Contingency Fund of India and the Public Account of India as
well as the contingency funds and the public accounts of states.
 Audit of all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary
accounts of any department of the Central Government and state governments.
 Auditing the receipts and expenditure of the Government of India and each state to ensure that the
rules and procedures in that regard are designed to secure an effective check on the assessment,
collection and proper allocation of revenue.
 Auditing the receipts and expenditure of the following: All bodies and authorities substantially
financed from the Central or state revenues; Government companies; and Other corporations and
bodies when so required by related laws.
 Auditing all transactions of the Central and state governments related to debt, sinking funds,
deposits, advances, suspense accounts and remittance business. He also audits receipts, stock
accounts and others, with approval of the President, or when required by the President.
 Auditing the accounts of any other authority when requested by the President or Governor. For
example, the audit of local bodies.
 Advising the President with regard to prescription of the form in which the accounts of the Centre
and the states shall be kept (Article 150).
 Submitting audit reports relating to the accounts of the Central Government to the President, who
shall, in turn, place them before both the Houses of Parliament (Article 151).
 Submitting audit reports relating to the accounts of a state government to the Governor, who shall,
in turn, place them before the state legislature (Article 151).
 Ascertaining and certifying the net proceeds of any tax or duty (Article 279). The certificate is
final. The ‘net proceeds’ means the proceeds of a tax or a duty minus the cost of collection.
 Acting as a guide of the Public Accounts Committee of the Parliament. He compiles and maintains
the accounts of state governments. In 1976, he was relieved of the responsibilities regarding the
compilation and maintenance of accounts of the Government of India due to the separation of
accounts from audit, through departmentalization of accounts. The CAG submits three audit reports
to the President:

 Audit Report on Appropriation Accounts

 Audit Report on Finance Accounts

 Audit Report on Public Undertakings

The President lays these reports before both the Houses of Parliament. After this, the Public
Accounts Committee examines them and reports its findings to the Parliament.

Aspirants can go through the following links to prepare for the upcoming UPSC exams even
better –

Controller General of Accounts Indian Audit and Accounts Service Important Officers – Functions, Duties &
(CGA) (IAAS) Roles

Types of Constitutional Bodies in Attorney General of India [Article Public Accounts Committee of Indian
India 76] Parliament
CAG Reports
The three CAG Reports as stated above deal with different facets of public audits. The
following paragraphs give a brief overview of these audit reports:

 Audit Report on Appropriation Accounts: The appropriation accounts show the appropriation of
the money granted by the legislature to the various grants and heads of expenditure and whether the
money granted for a specific purpose has been spent for that purpose or not.
 Audit report on Finance Accounts: The Finance Accounts show the accounts of annual receipts and
expenditure during the year.
 Audit report on Public Undertakings: This report deals with the finances and expenditures of
various Public Sector Undertakings (PSU’s).

The audit report, in brief, contains a narration of cases involving financial irregularities,
losses, frauds, wasteful expenditure and comments thereon, the accuracy of budgeting control
of expenditure, savings etc. The CAG provides ‘audit paras” criticizing public expenditures
of the departments and the ‘paras’ are developed during post-event scrutiny by the CAG staff
and detailed discussions with the senior staff of the department concerned. The finalized
‘paras’ are then brought before the Parliament where the concerned parliamentary committee
that deals with the affairs of a particular ministry or department disposes of each ‘para’.

The form of the audit reports is constantly under review and has undergone periodic changes.
No matter what the format, the objective, that loss of money has to be prevented remains the
same. They highlight transactions which have not proved financially viable. As the report
focuses its gaze on the omissions, each department is on its toes because the report may bring
adverse and undesirable publicity in its wake.

The following procedure is followed while making and submitting an audit report by the
Comptroller and Auditor General’s office:

 To begin with, when the audit takes place, during the course of inspection of the various
organizations, ‘Inspection Reports’ of each unit/organization are prepared and copies are sent to
them. About 72,000 inspection reports are sent in a year. They are asked to take corrective action
and their progress is also watched. The most important matters in these Inspection Reports are
included in the Annual Audit Reports.
 Before they are presented to the President, the audit reports are put through rigorous quality
assurance procedures and are countersigned by the CAG.
 After they are submitted to the legislature, the legislature, in turn, hands them over for examination
to the concerned parliamentary committees.

 The reports of all the departments, including Railways, Post and Telegraph and other
departmental undertakings, are handed over to the Public Accounts Committee (PAC).

 The reports relating to corporations and companies are given to the Committee on Public
Undertakings (COPU).
Since 1989, an Annual Activity Report of each department is brought out by the CAG to
assess the overall working of the department and to let all those interested in the functioning
of the department know the details of its working. It serves a dual purpose: it gives a
complete and true picture of the existing state of affairs and also helps in planning for the
future.

The functions of the Comptroller and Auditor General of India can be studied under the
following headings:

Audit of Expenditure

It is the prime task of the CAG to audit all expenditure incurred from the revenue of the union
and the states. It may be mentioned at the outset that the audit by this office is not an
administrative but a financial audit. Administrative audit entails an examination of technical,
personnel and organizational processes of the administrative apparatus. This audit is not
within its jurisdiction. The Comptroller and Auditor General’s office is concerned only with
the financial aspects. However, when an administrative act has serious adverse financial
repercussions or implications, the CAG can see whether that particular administrative act was
in conformity with the prescribed laws and approved financial procedures and whether it has
resulted in any extravagance or loss.

Audit of expenditure consists of ensuring whether the following essential conditions have
been fulfilled or not:

 that the expenditure is covered by sanction, whether special or general, accorded by a competent
authority;
 that the expenditure conforms to the relevant provisions of the statutory enactments and is in
accordance with the financial rules and regulations framed by the competent authority;
 that there is a sanction, either general or special, accorded by the competent authority;
 that it is within the ambit of the purpose for which the grant was intended; that the demand is
supported by a voucher in proper form and the person to whom the payment has been made has
duly acknowledged the payment and the fact of payment has been so recorded as to make a second
claim on the government impossible;
 that the various programmes, schemes and projects in which large funds have been invested are
being run economically;
 that the various public sector undertakings are yielding the results expected of them; and
 that the expenditure has been incurred with due regard to the broad and general principles of
financial propriety. All these constitute what is called the statutory audit. In other words, these are
specifically provided for by statute or law.

Side by side, another area, which is known as discretionary audit, has emerged. The
discretionary audit is based on a liberal interpretation of the functions given by the statute and
the recommendations of the Public Accounts Committee. It had recommended that “the
Public Accounts Committee should, even more than in the past, encourage the CAG to
scrutinize and criticize improper and wasteful expenditure and to indicate whether censure is
in his opinion required. In practice, the discretionary powers have become more important
than the ones laid down by the statute. Much depends on the approach and style of the
incumbent. A precise area of audit cannot be prescribed in the case of a discretionary audit
because no rules regarding this have been laid down. Yet, it may be mentioned that
discretionary audit lays emphasis on undertaking investigation and reporting on any wasteful
and uneconomical expenditure regarding contracts and major deals. The statutory audit is
also known as the ‘regularity audit’ in the sense that its chief purpose is to see whether rules
and procedures have been followed in accordance with the basic statutes, rules, essential
requirements of audit and accounts and the general or particular orders issued by higher
authorities. It also involves “general conformity to the broad principles of orthodox finance
by the sanctioning and the spending authorities.” Former CAG, T N Chaturvedi observes that
in the process of seeing whether the expenditure conforms to the rules, regulations, statutes
and enactments, the office is also interpreting the rules, orders and statutes. This makes it
a constitutional, statutory and quasi-judicial body under the Constitution of India.

Audit of Government Undertakings

The CAG also undertakes an audit of the commercial undertakings of the governments of
the union and the states. Commercial undertakings exist in three forms:

 Departmental undertakings, run on the pattern of departments.

 Statutory corporations created by specific laws of the Parliament and broadly controlled by the
government.
 Government companies, set up under the Indian Companies Act, 1956, in the form of private or
public limited companies.

Audit of Appropriation

The appropriation audit ensures that the grants are spent for the purpose for which they have
been provided. This audit enables the CAG to satisfy himself that the expenditure which is
being audited is within the ambit of the grants and that the expenditure incurred has been
incurred for the specific purpose for which it was voted by the legislature.

 In this process, certain cases which depict a discrepancy between the estimates and the final turnout
might come to light. A scrutiny of such cases has to be made.
 It also verifies whether there have been reappropriations from one head to another and whether
such reappropriations conform to the authority delegated.

Thus, it is a document which reveals the various aspects of the transactions of the
government. The appropriation audit is not done on a test basis, as in the case of an
accounting audit. It must be detailed, thorough and complete. Every payment is checked in
the books to its right head of service so as to ensure that the intentions of the legislature have
been honoured.
The main idea behind this audit is to ensure that the accounts presented by the concerns give
a complete and true picture of the various financial aspects of the concerns. The public has a
large stake in the running of these undertakings as vast public funds are involved. Hence,
together with the other ministerial and parliamentary checks over these undertakings, they are
also subject to the audit control by this office. In the case of departmental undertakings, the
CAG is the sole auditor.

 The Acts by which the government corporations are set up specify whether the CAG will audit
their accounts, or whether the accounts will be audited by auditors appointed by the government.
 To avoid these pitfalls, a system was devised in 1956 to provide personal contacts between the
representatives of audit and of administration. Under this, the secretary of each department could
take up the objections which he considered unjustified with the concerned Accountant General
directly. If these discussions failed, the secretary could take up the matter with the CAG himself.

Though the system had received excellent support in the initial stages, it is slowly falling into
disuse. The preceding analysis underscores that audit is essential as an instrument of
parliamentary and financial control. B R Ambedkar had pointed out in the Constituent
Assembly debates that the CAG was probably the most important officer in India because it
was he who saw that the expenses voted by Parliament were well utilized. He may be
criticized on the ground that the audit is too critical, concerned with details, etc., but that
exactly is the intention why this office was created. The CAG protects public funds from the
reach of arbitrary power and, in that sense, is an important and most useful dignitary of the
state.

Reforms suggested by Vinod Rai (former CAG)

1. Bring all private-public partnerships (PPPs), Panchayati Raj Institutions, and government-funded societies,
within the ambit of the CAG.
2. CAG Act of 1971 should be amended to keep pace with the changes in governance.
3. A collegium type mechanism to choose a new CAG on the lines of selecting a Chief Vigilance Commissioner
(CVC)

Know more about Central Vigilance Commission (CVC) on the given link.

Structure of CAG’S Office

The Indian Audit and Accounts Department (IAAD) is headed by the Comptroller and
Auditor General of India. He is assisted by five Deputy Comptroller and Auditors General of
India. One of the Deputies is also the chairman of the Audit Board. Below the Deputy CAG
are four Additional Deputy Comptroller and Auditors General of India. The hierarchy in this
office comprises of:

 CAG
 Deputy CAG
 Additional Deputy CAG
 Directors General
  Principal Directors
 Directors/Deputy Directors

Note: Field office formations are headed by officers of the designation of DG/PAG/PD/AG
and they report to the DAI/ADAI concerned.

One Director acts as Secretary to the incumbent CAG. At the regional level, in various states,
there are a number of Accountants General who act as agents of the CAG in performing their
functional and supervisory responsibilities at the state level.

How Indian CAG is Different from British CAG?

Three points of difference between Britain CAG and Indian CAG-

 CAG of India only performed the role of an Auditor General and not of a Comptroller but in
Britain, it has the power of both Comptroller as well as Auditor General.
 In India, the CAG audits the accounts after the expenditure is committed i.e. ex post facto. In the
United Kingdom, no money can be drawn from the public exchequer without the approval of the
CAG.
 In India, CAG is not a member of the parliament while in Britain, CAG is a member of the house
of the Commons.

IAS aspirants should know about government bodies engaged in regulatory and audit
activities due to their importance in the governance of the country. Apart from this, many
questions in the UPSC Mains exam have been asked directly from this topic.

The topic, ‘CAG in India’ is important for UPSC Mains GS 2 preparation. To check GS 2
preparation articles, check the linked articles below:

GS 2 Structure, Strategy and Syllabus Topic-Wise GS 2 Questions for UPSC Mains

Constitution Questions for UPSC Mains Governance Questions for UPSC Mains

Introduction to Panchayati Raj

A three-tier structure of the Indian administration for rural development is called

Panchayati Raj. The aim of the Panchayati Raj is to develop local self-governments in
districts, zones and villages.

Panchayati Raj is an important topic and questions are often asked from this section for
the IAS exam. This article will provide you with evolution, various committees set-up for
Panchayati Raj, salient features of the 73rd Constitutional Amendment Act, functions of Gram
Panchayat, and other details regarding this topic for the polity and governance segment of
the UPSC syllabus.

CSE exam aspirants must refer to the details discussed further below in this article, important
from the examination perspective.

Panchayati Raj UPSC Notes:- Download PDF Here

Introduction to Panchayati Raj

Rural development is one of the main objectives of Panchayati Raj and this has been
established in all states of India except Nagaland, Meghalaya and Mizoram, in all Union
Territories except Delhi. and certain other areas. These areas include:

a. The scheduled areas and the tribal areas in the states

b. The hill area of Manipur for which a district council exists and
c. Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists

Evolution of Panchayati Raj

The Panchayati system in India is not purely a post-independence phenomenon. In fact, the
dominant political institution in rural India has been the village panchayat for centuries. In
ancient India, panchayats were usually elected councils with executive and judicial powers.
Foreign domination, especially Mughal and British, and the natural and forced socio-
economic changes had undermined the importance of the village panchayats. In the pre-
independence period, however, the panchayats were instruments for the dominance of the
upper castes over the rest of the village, which furthered the divide based on either the socio-
economic status or the caste hierarchy.

The evolution of the Panchayati Raj System, however, got a fillip after the attainment of
independence after the drafting of the Constitution. The Constitution of India in Article 40
enjoined: “The state shall take steps to organise village panchayats and endow them with
such powers and authority as may be necessary to enable them to function as units of self-
government”.

There were a number of committees appointed by the Government of India to study the
implementation of self-government at the rural level and also recommend steps in achieving
this goal.

The committees appointed are as follows:

 Balwant Rai Mehta Committee

  Ashok Mehta Committee
 G V K Rao Committee
 L M Singhvi Committee

Balwant Rai Mehta Committee & Panchayati Raj

The committee was appointed in 1957, to examine and suggest measures for better working
of the Community Development Programme and the National Extension Service. The
committee suggested the establishment of a democratic decentralised local government which
came to be known as the Panchayati Raj.

Recommendations by the Committee:

 Three-tier Panchayati Raj system: Gram Panchayat, Panchayat Samiti and Zila Parishad.
 Directly elected representatives to constitute the gram panchayat and indirectly elected
representatives to constitute the Panchayat Samiti and Zila Parishad.
 Planning and development are the primary objectives of the Panchayati Raj system.
 Panchayat Samiti should be the executive body and Zila Parishad will act as the advisory and
supervisory body.
 District Collector to be made the chairman of the Zila Parishad.
 It also requested for provisioning resources so as to help them discharge their duties and
responsibilities.

The Balwant Rai Mehta Committee further revitalised the development of panchayats in the
country, the report recommended that the Panchayati Raj institutions can play a substantial
role in community development programmes throughout the country. The objective of the
Panchayats thus was the democratic decentralisation through the effective participation of
locals with the help of well-planned programmes. Even the then Prime Minister of India,
Pandit Jawaharlal Nehru, defended the panchayat system by saying, “. . . authority and power
must be given to the people in the villages …. Let us give power to the panchayats.”

Ashok Mehta Committee & Panchayati Raj

The committee was appointed in 1977 to suggest measures to revive and strengthen the
declining Panchayati Raj system in India.

The key recommendations are:

 The three-tier system should be replaced with a two-tier system: Zila Parishad (district level) and
the Mandal Panchayat (a group of villages).
 District level as the first level of supervision after the state level.
 Zila Parishad should be the executive body and responsible for planning at the district level.
 The institutions (Zila Parishad and the Mandal Panchayat) to have compulsory taxation powers to
mobilise their own financial resources.
G V K Rao Committee & Panchayati Raj
The committee was appointed by the planning commission in 1985. It recognised that
development was not seen at the grassroot level due to bureaucratisation resulting in
Panchayat Raj institutions being addressed as ‘grass without roots’. Hence, it made some key
recommendations which are as follows:

 Zila Parishad to be the most important body in the scheme of democratic decentralisation. Zila
Parishad to be the principal body to manage the developmental programmes at the district level.
 The district and the lower levels of the Panchayati Raj system to be assigned with specific
planning, implementation and monitoring of the rural developmental programmes.
 Post of District Development Commissioner to be created. He will be the chief executive officer of
the Zila Parishad.
 Elections to the levels of Panchayati Raj systems should be held regularly.

L M Singhvi Committee & Panchayati Raj

The committee was appointed by the Government of India in 1986 with the main objective to
recommend steps to revitalise the Panchayati Raj systems for democracy and development.
The following recommendations were made by the committee:

 The committee recommended that the Panchayati Raj systems should be constitutionally
recognised. It also recommended constitutional provisions to recognise free and fair elections for
the Panchayati Raj systems.
 The committee recommended reorganisation of villages to make the gram panchayat more viable.
 It recommended that village panchayats should have more finances for their activities.
 Judicial tribunals to be set up in each state to adjudicate matters relating to the elections to the
Panchayati Raj institutions and other matters relating to their functioning.

All these things further the argument that panchayats can be very effective in identifying and
solving local problems, involve the people in the villages in the developmental activities,
improve the communication between different levels at which politics operates, develop
leadership skills and in short help the basic development in the states without making too
many structural changes. Rajasthan and Andhra Pradesh were the first to adopt Panchayati raj
in 1959, other states followed them later.

Though there are variations among states, there are some features that are common. In most
of the states, for example, a three-tier structure including panchayats at the village level,
panchayat samitis at the block level and the zila parishads at the district level-has been
institutionalized. Due to the sustained effort of the civil society organisations, intellectuals
and progressive political leaders, the Parliament passed two amendments to the Constitution
– the 73rd Constitution Amendment for rural local bodies (panchayats) and the
74th Constitution Amendment for urban local bodies (municipalities) making them
‘institutions of self-government’. Within a year all the states passed their own acts in
conformity to the amended constitutional provisions.

Also read: Caste system and Panchayati Raj

73rd Constitutional Amendment Act of 1992

Significance of the Act

 The Act added Part IX to the Constitution, “The Panchayats” and also added the Eleventh Schedule
which consists of the 29 functional items of the panchayats.
 Part IX of the Constitution contains Article 243 to Article 243 O.
 The Amendment Act provides shape to Article 40 of the Constitution, (directive principles of state
policy), which directs the state to organise the village panchayats and provide them powers and
authority so that they can function as self-government.
 With the Act, Panchayati Raj systems come under the purview of the justiciable part of the
Constitution and mandates states to adopt the system. Further, the election process in the
Panchayati Raj institutions will be held independent of the state government’s will.
 The Act has two parts: compulsory and voluntary. Compulsory provisions must be added to state
laws, which includes the creation of the new Panchayati Raj systems. Voluntary provisions, on the
other hand, is the discretion of the state government.
 The Act is a very significant step in creating democratic institutions at the grassroots level in the
country. The Act has transformed the representative democracy into participatory democracy.

Salient Features of the Act

1. Gram Sabha: Gram Sabha is the primary body of the Panchayati Raj system. It is a village
assembly consisting of all the registered voters within the area of the panchayat. It will exercise
powers and perform such functions as determined by the state legislature. Candidates can refer to
the functions of gram panchayat and gram panchayat work, on the government official website
– https://grammanchitra.gov.in/.
2. Three-tier system: The Act provides for the establishment of the three-tier system of Panchayati
Raj in the states (village, intermediate and district level). States with a population of less than 20
lakhs may not constitute the intermediate level.
3. Election of members and chairperson: The members to all the levels of the Panchayati Raj are
elected directly and the chairpersons to the intermediate and the district level are elected indirectly
from the elected members and at the village level the Chairperson is elected as determined by the
state government.
4. The Chairperson of a Panchayat and other members of a Panchayat, whether or not elected directly
from territorial constituencies in the Panchayat area, have the right to vote in Panchayat meetings.
5. Reservation of seats:

 For SC and ST: Reservation to be provided at all the three tiers in accordance with their
population percentage.

 For women: Not less than one-third of the total number of seats to be reserved for women,
further not less than one-third of the total number of offices for chairperson at all levels of
the panchayat to be reserved for women.

 The state legislatures are also given the provision to decide on the reservation of seats in
any level of panchayat or office of chairperson in favour of backward classes.
6. Duration of Panchayat: The Act provides for a five-year term of office to all the levels of the
panchayat. However, the panchayat can be dissolved before the completion of its term. But fresh
elections to constitute the new panchayat shall be completed –

 before the expiry of its five-year duration.

 in case of dissolution, before the expiry of a period of six months from the date of its
dissolution.

7. Disqualification: A person shall be disqualified for being chosen as or for being a member of
panchayat if he is so disqualified –

 Under any law for the time being in force for the purpose of elections to the legislature of
the state concerned.

 Under any law made by the state legislature. However, no person shall be disqualified on
the ground that he is less than 25 years of age if he has attained the age of 21 years.

 Further, all questions relating to disqualification shall be referred to an authority

determined by the state legislatures.

8. State election commission:

 The commission is responsible for superintendence, direction and control of the

preparation of electoral rolls and conducting elections for the panchayat.

 The state legislature may make provisions with respect to all matters relating to elections
to the panchayats.

8. Powers and Functions: The state legislature may endow the Panchayats with such powers and
authority as may be necessary to enable them to function as institutions of self-government. Such a
scheme may contain provisions related to Gram Panchayat work with respect to:

 the preparation of plans for economic development and social justice.

 the implementation of schemes for economic development and social justice as may be
entrusted to them, including those in relation to the 29 matters listed in the Eleventh
Schedule.

9. Finances: The state legislature may –

 Authorize a panchayat to levy, collect and appropriate taxes, duties, tolls and fees.

 Assign to a panchayat taxes, duties, tolls and fees levied and collected by the state
government.

 Provide for making grants-in-aid to the panchayats from the consolidated fund of the state.

 Provide for the constitution of funds for crediting all money of the panchayats.

10. Finance Commission: The state finance commission reviews the financial position of the
panchayats and provides recommendations for the necessary steps to be taken to supplement
resources to the panchayat.
 11. Audit of Accounts: State legislature may make provisions for the maintenance and audit of
panchayat accounts.
12. Application to Union Territories: The President may direct the provisions of the Act to be applied
on any union territory subject to exceptions and modifications he specifies.
13. Exempted states and areas: The Act does not apply to the states of Nagaland, Meghalaya and
Mizoram and certain other areas. These areas include,

 The scheduled areas and the tribal areas in the states

 The hill area of Manipur for which a district council exists

 Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.
However, Parliament can extend this part to these areas subject to the exception and
modification it specifies. Thus, the PESA Act was enacted.

14. Continuance of existing law: All the state laws relating to panchayats shall continue to be in force
until the expiry of one year from the commencement of this Act. In other words, the states have to
adopt the new Panchayati raj system based on this Act within the maximum period of one year
from 24 April 1993, which was the date of the commencement of this Act. However, all the
Panchayats existing immediately before the commencement of the Act shall continue till the expiry
of their term, unless dissolved by the state legislature sooner.
15. Bar to interference by courts: The Act bars the courts from interfering in the electoral matters of
panchayats. It declares that the validity of any law relating to the delimitation of constituencies or
the allotment of seats to such constituencies cannot be questioned in any court. It further lays down
that no election to any panchayat is to be questioned except by an election petition presented to
such authority and in such manner as provided by the state legislature.

PESA Act of 1996

The provisions of Part IX are not applicable to the Fifth Schedule areas. The Parliament can
extend this Part to such areas with modifications and exceptions as it may specify. Under
these provisions, Parliament enacted Provisions of the Panchayats (Extension to the
Scheduled Areas) Act, popularly known as PESA Act or the extension act.

Objectives of the PESA Act:

1. To extend the provisions of Part IX to the scheduled areas.

2. To provide self-rule for the tribal population.
3. To have village governance with participatory democracy.
4. To evolve participatory governance consistent with the traditional practices.
5. To preserve and safeguard traditions and customs of tribal population.
6. To empower panchayats with powers conducive to tribal requirements.
7. To prevent panchayats at a higher level from assuming powers and authority of panchayats at a
lower level.

As a result of these constitutional steps taken by the union and state governments, India has
moved towards what has been described as ‘multi-level federalism’, and more significantly, it
has widened the democratic base of the Indian polity. Before the amendments, the Indian
democratic structure through elected representatives was restricted to the two houses of
Parliament, state assemblies and certain union territories. The system has brought governance
and issue redressal to the grassroot levels in the country but there are other issues too. These
issues, if addressed, will go a long way in creating an environment where some of the basic
human rights are respected.

After the new generation of panchayats had started functioning, several issues have come to
the fore, which have a bearing on human rights. The important factor which has contributed
to the human rights situation vis-a-vis the panchayat system is the nature of Indian society,
which of course determines the nature of the state. Indian society is known for its inequality,
social hierarchy and the rich and poor divide. The social hierarchy is the result of the caste
system, which is unique to India. Therefore, caste and class are the two factors, which
deserve attention in this context.

Thus, the local governance system has challenged the age old practices of hierarchy in the
rural areas of the country particularly those related to caste, religion and discrimination
against women.

Subordinate Courts - Indian Polity Notes

Subordinate Courts are the secondary courts to the high courts. Because of their
subordination to the high court, the subordinate courts are known by this name. A High Court
and a hierarchy of subordinate courts, often known as lower courts, make up the State
Judiciary. At the district and lower levels, they function below the High Court. The topic
“Subordinate Courts” is an important part of the UPSC/IAS Exam Polity and Governance
Syllabus which is discussed in this article in detail.

1.

Table of Contents

1. Constitutional Provisions
2. Appointment District Judges
3. Appointment other Judges
4. Control over Subordinate Courts
5. Interpretation of Terms
6. Structure and Jurisdiction
7. District Judge
8. Lower Courts
9. Nyaya Panchayats
10. Issues Faced
11. Articles Related
12. Conclusion
13. FAQs
14. MCQs
Constitutional Provisions

Classification of Subordinate Courts

Subordinate Courts- Constitutional Provisions

Part VI (Articles 233 to 237) of the Constitution has the following provisions to control the
organization of subordinate courts and preserve their independence from the executive.

District Judges
Appointment of District Judges
 The Governor of the State, in consultation with the High Court, appoints, posts,
and promotes district judges in the State.
 The following qualifications should be present in anyone seeking to be appointed as a
district judge:
 He/she should not already be in the service of the Central or the State Government.
 He/she should have been an advocate or a pleader for seven years.
 He/she should be recommended by the High Court for the appointment.

Other Relevant Links

Jurisdiction of Supreme Court Public Interest Litigation
Judicial Review Judicial Activism & Judicial Overreach
NALSA & SLSA Lok Adalats
Difference Between Supreme Court and High Court Gram Nyayalayas
Other Than The District Judges
Appointment Of Judges Other Than The District Judges
The Governor of the State appoints people (other than district judges) to the State's judicial
service after consulting with the State Public Service Commission and the High Court.

Control over SC
Control over Subordinate Courts
The High Court has jurisdiction over district courts and other subordinate courts, including
the posting, promotion, and leave of personnel in the state's judicial service who occupy any
office lower than that of the district judge.

Interpretation
Interpretation of the Terms
 Under Article 236, the expression ‘district judge’ includes judge of a city civil court,
additional district judge, joint district judge, assistant district judge, chief judge of a
small cause court, chief presidency magistrate, additional chief presidency magistrate,
sessions judge, additional sessions judge, and assistant sessions judge.
 The term "judicial service" refers to a group of people who are solely responsible for
filling district judge and other civil judicial positions below that of the district judge.
 The Governor may direct that any class or classes of magistrates in the state be
subject to the above-mentioned provisions relating to people in the state judicial
service.

Structure and Jurisdiction

Subordinate Courts- Structure and Jurisdiction
 The States define the subordinate judiciary's organizational structure, jurisdiction, and
terminology. As a result, they vary slightly from State to State. Generally, underneath
the High Court, there are three tiers of civil and criminal courts.

District Judge
District Judge
 The district judge is the district's highest judicial authority with original and
appellate authority in both civil and criminal issues.
 To put it another way, the district judge also serves as the sessions judge. He/she is
known as the district judge when dealing with civil issues and the sessions judge
when dealing with criminal cases.
 Both judicial and administrative authorities are exercised by the district judge and also
have supervisory authority over all of the district's subordinate courts.
 The High Court hears appeals against his/her directives and judgments. Any penalty,
including life imprisonment and capital punishment, can be imposed by the session’s
judge (death sentence). However, whether or not there is an appeal, any capital
punishment he/she imposes must be confirmed by the High Court.

Lower Courts
Lower Courts
 On the civil side, the Subordinate Judge’s Court is located below the District and
Sessions Court, while on the criminal side, the Chief Judicial Magistrate’s Court is
located beneath the District and Sessions Court.
 In civil cases, the subordinate judge has unrestricted pecuniary jurisdiction while the
chief judicial magistrate rules on criminal matters that carry a maximum sentence of
seven years in jail.
  The Court of Munsiff, on the civil side, and the Court of Judicial Magistrate, on the
criminal side, are the lowest levels.
 The munsiff has limited jurisdiction and only decides minor civil issues of the low
monetary stake while a judicial magistrate is a person who hears criminal proceedings
which are punishable by a sentence of up to three years in jail.
 On the civil side, there are city civil courts (chief judges) in various metropolitan
cities, and on the criminal side, there are courts of metropolitan magistrates.
 Small Causes Courts have been established in several States and presidential towns.
These courts make quick decisions in civil matters with low stakes. Their decisions
are final, although the High Court can overturn them.
 Panchayat Courts hear petty civil and criminal cases in several states. Nyaya
Panchayat, Gram Kutchery, Adalati Panchayat, Panchayat Adalat, and so on are some
of the names given to them.

Nyaya Panchayats
Nyaya Panchayats
 The judicial components of the panchayat system, which is the lowest rung of our
judiciary, are Nyaya Panchayats. They are designed to administer justice at the local
or rural level. The Nyaya Panchayat was established for the following reasons:

1. Democratic decentralization.
2. Easy access to justice.
3. Speedy disposal of cases.
4. Inexpensive justice system.
5. Revival of traditional village community life.
6. Combination of the judicial system and local self-government.
7. Reduction in pressure on Civil Courts.

Issues Faced
Issues Faced by Subordinate Courts
 Low number of Judges: In 2018, the subordinate courts had a shortage of 5748
judicial officers; the 24 high courts faced 406 vacancies. The working strength of the
lower judiciary is 16,726 while the approved strength is much higher at 22,474.
 Pendency of cases: In April 2018, over three crore cases were pending across the
Supreme Court, the High Courts, and the subordinate courts (including district
courts). Of these, the subordinate courts account for over 86% pendency of cases.
 Inadequate Infrastructure: Courts in the country do not have basic facilities for
litigants. Most subordinate courts lack basic infrastructure for judges, court staff, and
litigants.

Subordinate Courts
Articles Related to Subordinate Courts
Article Provision
Article 233 Appointment of district judges
Article 233A Validation of appointments of, and judgments, etc., delivered by certain district judges
 Article 234 Recruitment of persons other than district judges to the judicial service
Article 235 Control over subordinate courts
Article 236 Interpretation
Article 237 Application of the provisions of this Chapter to certain class or classes of Magistrates
Conclusion
Conclusion
Subordinate Courts form an important part of the Indian Judicial System. They are helpful in
the speedy justice delivery for the large population of the country. Thus, the makers of the
Constitution have given an important role for Subordinate Courts.

Subordinate Courts
In every state of India, the High Court is the top-most judicial body. Below the High Court,
though, other courts make up the subordinate judiciary. These are known as subordinate
courts.

TABLE OF CONTENT
 Types of Subordinate Courts
 Subordinate Civil Courts
 Subordinate Criminal Courts
India is one of the biggest democracies in the world. In order to ensure law and order throughout this vast
country, every state has its own judiciary system in place. Under the judicial structure of each state of
India, the High Court is regarded as the highest authority. Below the High Court, other courts make up the
subordinate judiciary system. These courts are known as subordinate courts.

The terminology and jurisdiction of these subordinate courts vary from state to state. However, in general,
three or more levels of criminal and civil courts make up the subordinate judiciary system below the High
Court.

Types of Subordinate Courts

The subordinate courts have been named such because they come under the authority of the state’s High
Court. In every district in India, there are many types of subordinate courts. These include:

 Civil Courts that hear civil cases

 Criminal Courts that hear criminal cases

  Revenue Courts that attend to revenue-related cases

Civil Courts are ruled by a District Judge or a District and Sessions Judge. Under them come a Sub-Judge
who attends to matters at the family courts. In some places, below this, there is the Munsif, and there can
also be small-causes courts that make up the lowest rung of the hierarchy of civil subordinate courts.

Criminal Courts are ruled by a Sessions Judge or a Sessions and District Judge. Under a Sessions Judge,
there can be a Metropolitan Magistrate.

When it comes to Revenue Courts, the highest power remains with a Board of Revenues, followed by a
Collector or Commissioner, then a Tehsildar, and at the lowest level, there can be a Naib Tehsildar.

So the High Court, along with this hierarchy of subordinate courts, also known as lower courts, make up a
state’s judicial system.

The subordinate courts comprise the District Judges, Judges of any of the city civil and criminal courts,
Metropolitan magistrates and all the members of the judicial service of that state.

Subordinate Civil Courts

Let us look at the functions and powers of civil courts in a state.

 Civil cases that are related to disputes between people regarding property, divorce, landlord-tenant
disputes, eviction, consumer problems, bankruptcy or debt, breach of agreement or contract and
others are handled by the civil courts. Other than criminal cases, civil courts hear all other cases

 The civil courts help settle such disputes, but they do not pass any type of punishment for
violating the law

 Judges in the civil courts have different powers than the judges in criminal courts

 A judge in a civil court can only make the guilty party pay fines, but they cannot convict a person
and send them to prison

 Judges of the civil court dispense the cases in accordance with the Civil Procedure Code of the
state

Subordinate Criminal Courts

Let us look at the functions and powers of criminal courts in a state.

 Subordinate criminal courts are established under the state’s High Court to distribute justice to the
people and impart punishment to the offenders depending on the crime

 The subordinate criminal courts hand criminal cases where a violation of the law occurs

 These cases may include theft, rape, murder, physical assault, dacoity, pickpocketing, etc
  The cases that belong to the criminal courts are filed in the lower court by the police against the
accused and on behalf of the state

 If the accused is found guilty, the court can award various punishments, including fines,
imprisonment, life imprisonment or even death penalty. However, if a death sentence is passed, it
has to be confirmed by the High Court

 The cases brought to the subordinate criminal courts are disposed of in accordance with the Indian
Penal Code and the Criminal Procedure Code

 The highest criminal court in any district is the Sessions Court, headed by the Sessions Judge.
Sometimes the District Judge also acts as the Sessions Judge, in which case he is known as the
Sessions and District Judge

 The Sessions Court can pass any sentence that the Indian Penal Code authorises

 An Assistant Sessions Judge can give sentencing of up to ten years imprisonment

 The Supreme Court of India is the highest criminal court in India

Subordinate Revenue Courts

Let us look at the functions and powers of revenue courts in a state.

 Revenue Courts only deal with cases related to land revenue inside the state

 The Board of Revenue is the highest revenue court in any district

 The Board of Revenue only hears the final appeals

Under the Board of Revenue, there are:

 Courts of Commissioners

 Collectors

 Tehsildars

 Naib or Assistant Tehsildars.

Appointment of Judges for Subordinate

Courts
Any appointments and promotion of the district judges of any state are made by the State Governor in
consultation with the High Court. A person who has not been in the service of the state for at least seven
years has to be recommended by the High Court for appointment as a District Judge.
Conclusion
The subordinate courts come under the authority of the state’s High Court. However, it is important to
keep in mind that the High Court of a state can withdraw a case pending before any subordinate court
despite the jurisdiction. The High Court also has complete authority and control over the employees and
officers of subordinate courts.

The State Judiciary – The High Court under

Indian Constitution
By E-Justice India Legal Articles 0 Comments

Author: Ruzela Da Cruz

Introduction
The Judiciary is a very vital and indispensable organ of the Indian State. It plays an important role as the
interpreter and guardian of the Indian Constitution. Besides, the judiciary also acts as the custodian of the
rights of the people and plays an eminent role in the administration of justice. To ensure that a democracy
functions effectively, it is imperative that the Judiciary needs to be independent and impartial.

The Indian Judicial system constitutes a hierarchy of courts. At the topmost level of the hierarchy is the
Supreme Court which is the apex Court of India. The Supreme Court is followed by the High Courts of
different States and then under each High Court there are Subordinate Courts.

The High Courts occupy the second level in the hierarchy of the judicial system. High Courts in India are
the highest judicial authority in a particular State. All the other lower Courts in the State are subordinate to
the High Court and function under it. Currently there are 25 High Courts in India.

Chapter V of Part VI of the Constitution: The High Courts in The

States
Articles 214 – 231of the Constitution of India deal with High Courts. High Courts in States have been
established by Article 214 of the Indian constitution which provides that there shall be a High Court for
each State. However Article 231 provides that the Parliament may by law establish a common High Court
for 2 or more states or 2 states and a Union Territory. A High Court consists of a Chief Justice and other
judges who are appointed by the President (Article 216).

According to Article 215, every High Court is a court of record. This means that the judicial decisions of a
High Court are to be recorded and used as precedents by the Subordinate Courts. Also, by virtue of article
215 the High Court has the power to punish for its contempt.

Appointment of a High Court Judge

Conditions to be fulfilled:
In order to appoint a person as a High Court Judge, they must fulfil the following conditions. The
appointed person must be a citizen of India, and should have held a judicial office in India for at least 10
years or should have practiced for at least 10 years in a High Court, as an advocate.

Procedure for Appointment:

According to Article 217, appointment of High Court judges can be done only by the President. Such an
appointment can be made by the President only after consultation with the Chief Justice of India and the
State Governor. In case of appointment of judges other then the Chief Justice of the High Court, then the
President can make such an appointment after consulting the Chief Justice of the High Court. A person can
continue to hold the office of a judge until he is 62 years old. A person so appointed to be a High Court
Judge must take an oath before the Governor of the State in the prescribed manner (Article 219).

Jurisdiction of High Court

The High Courts play a major role in the administration of justice and hence a High Court has a very wide
jurisdiction. The jurisdiction of a High Court can be classified as follows:

1. Original Jurisdiction
The original jurisdiction of a High Court allows it to adjudicate cases at the first instance. Original
jurisdiction of a High Court subsists in the following matters –

1. Enforcement of fundamental rights

2. Issuance of writs
3. Disputes related to marriage, divorce, guardianship, contempt of court, etc.
4. Disputes related to election of MP’s and MLA’s
5. Disputes involving a question of law
Original Jurisdiction of a High Court can further be classified into:

2. Writ Jurisdiction
The original jurisdiction of the High Court also includes writ jurisdiction. Article 226 of the Constitution
confers the High Court with the power to issue writs. The High Courts can issue 5 writs in the nature
of Habeas Corpus, Mandamus, Certiorari, Quo warranto and Prohibition. The High Court can issue such
writs not only for the enforcement of fundamental rights but also for the protection of other legal rights.
In the case of Harbanslal Sahnia v Indian Oil Corpn. Ltd (2003) 2 SCC 107, the Supreme Court
observed that even if an alternate remedy is available in a case, the High Court may exercise its writ
jurisdiction, if the writ petition is for enforcement of any fundamental right or if there is a failure in
application of principles of natural justice or if the proceedings or orders are completely without
jurisdiction.
3. Territorial Jurisdiction
Before issuing a writ or adjudicating upon a case, the High Court has to ascertain whether it has the
territorial jurisdiction to do so. This is so since the High Court can exercise its jurisdiction within certain
territorial limits.

The High Court can issue a Writ –

1. To any person or authority residing or located within the territorial jurisdiction of the High
Court.
2. If the person or authority resides or is located outside the territorial jurisdiction of the High
Court, then a writ can be issued by it if the cause of action either wholly or partly arises
within the High Court’s territorial jurisdiction.
Public Interest Litigation
A Public Interest Litigation can be filed in a High Court under article 226 concerning any matter which
affects the interest of the public at large.

Cases Involving a Question of Law

As per Article 228 the High Court, on being satisfied that a case pending before a subordinate court
involves a substantial question of law regarding the interpretation of this Constitution may itself dispose of
the case, or return the case to the subordinate court after determining the question of law.

4. Appellate Jurisdiction
A High Court also functions as a court of appeal. Appeals against the judgements of the Subordinate
Courts which are within the territorial jurisdiction of a particular High Court can be filed before that High
Court. The appellate jurisdiction of High Courts is wide as it has both civil and criminal appellate
jurisdiction. In civil matters, appeals can be filed in the High Court against the decisions of the District
Court, Additional District Court and other Subordinate Courts. In criminal matters the High Court can
decide on appeals against the decision of the Sessions Court and Additional Sessions Court.

5. Supervisory Jurisdiction
The High Courts have been conferred with supervisory jurisdiction under Article 227 which provides that
the High Court has superintendence over all courts and tribunals within the territories in which it can
exercise its jurisdiction. The objective of this jurisdiction is to ensure that the subordinate tribunals are kept
within the limits of their authority and according to law. However the High Court cannot exercise its
Supervisory Jurisdiction over the tribunals or courts of Armed Forces.

In the case of Umaji Keshao Meshram v Smt Radhikabai AIR 1986 SC 1272, the Supreme Court
brought out the difference between Article 226 and Article 227. Proceedings under Article 226 come under
the original jurisdiction of the High Court whereas proceedings under Article 227 are in exercise of
supervisory jurisdiction and not the original jurisdiction of the High Court.
Power of Review
Though the Constitution has not expressly given the power of review to High Courts, yet the Supreme
Court has recognises that since a High Court is a court of record (Art 215), it has the inherent power to
review and correct its record.

Transfer of Judges
Article 222 provides for the transfer of judges from one High Court to another. Such transfer can be made
only by the President after consulting the Chief Justice. In case of such transfer, the judge is entitled to
receive a compensatory allowance in addition to the salary.

In Union of India v Sankalchand Sheth (AIR 1977 SC 2328) the Supreme Court held by a 3:2 majority
that the President could transfer a Judge of the High Court without his consent.
Conclusion
The State Judiciary which is helmed by the High Court occupies a very important position in the Indian
judicial system. The High Court performs various functions and plays a vital role in the administration of
justice. Along with the Supreme Court, the High Courts also are guardians of the Constitution. However
the High Court has much wider powers to issue writs as compared to the Supreme Court, as a High Court
can issue writs not just for enforcement of fundamental rights but also other legal rights.

Articles 124-147: Analysis of

Constitutional Provisions
pertaining to Union Judiciary
Table of Contents
 Introduction
 Supreme Court – The Guardian of the Constitution
 Appointment of the Chief Justice of India
 Composition of the Court
 Appointment of the Judges-Position before the 99th Amendment of Constitution
 Supremacy of Executive
 Judicial Supremacy
 Expansion of the Collegium
o
 Sole Opinion of Chief Justice of India without following consultation process: Not
binding on Government
 National Judicial Appointments Commission
 The Provisions of the National Judicial Appointments Commission
 Functions of National Judicial Appointments Commission
 Procedure for appointment to be regulated by the Parliament
o Main points of Judgment of Justice Jagdish Singh Khehar – Fit to hold the office
 o Seniority: Section 5(1) of the NJAC Act
o Veto power to any two members of NJAC: Section 6(6) of the NJAC Act
o NJAC Act could not come into effect prior to the coming into operation of the Ninety-ninth
Amendment Act of the Constitution
o For the enactment of NJAC Act procedure provided under Article 368 need be followed
o An ordinary Legislation can be invalidated for violating the constitutional provisions
 Article 124-A is the edifice of the Constitution (Ninety-ninth Amendment) Act
o Justice Madan B. Lokur
o Justice Kurian Joseph
o Justice Adarsh Kumar Goel
 Guidelines for improvement of the collegium system
o Eligibility criteria
o Transparency in the appointment process
o Secretariat
o Complaints
 Qualification of Judges
 Tenure and Removal of Judges
o Judges (Inquiry) Act, 1968
 Salaries and Allowances
 Acting Chief Justice: Article 126
 The seat of the Supreme Court: Article 130
 Jurisdiction of the Supreme Court
o (1) A Court of Record
 The jurisdiction of the Supreme Court under Article 129 is independent of the Courts
Act
 PN Duda V. V.P. Shiv Shankar & others
 Supreme Court’s power to punish for contempt of itself as well as subordinate courts
 Contempt jurisdiction for protection of Registry
 A Minister or official may also be guilty of contempt when the Contempt of Court is
committed by the State
 The Court’s unlimited power to compel obedience and compliance of its orders
o (2) Original Jurisdiction-Article 131
 Enforcement of Fundamental Rights
o (3) Appellate Jurisdiction–Article 132
 An appeal in Civil matters
 An appeal in Criminal Cases-Article 134
 Certificate for appeal to the Supreme Court
 Power of the Supreme Court to withdraw and transfer cases Article 139-A
 Federal Court’s jurisdiction to be exercised by the Supreme Court- Article 135
 Appeal by Special Leave- Article 136
 The Court not competent to judge economic policy of the Government
o Power to grant special leave to appeal to be exercised in exceptional cases
 Pritam Singh v. the State
 N Suriyakala V. A Mohan Doss
o Concurrent findings of the Trial Court and the High Court
 M.Vadivel vs Arulmughu Iravatheeswarar Koil
o New Plea on Facts
 Jagannath Behera V. Raja Harirar Singh
 Gopinath Ghosh V. State of West Bengal
 Plea of Law
o
 Badari Prasad V. Nagarmal
 Masalti V. State of UP
o A private party can file an appeal under Art.136 challenging acquittal
o When no challenge to the main judgment
o False and misleading statements – Justification to revoke the appeal
o Tribunals
 Power to review its judgments Art 137
 o Curative Petition
 Ancillary Powers of Supreme Court.
 Advisory jurisdiction-Article 143
 Law declared by the Supreme Court to be binding on all Courts- Article 141
o Supreme Court not bound by its own decisions
o Ratio-decidendi
o Prospective overruling
o Obiter dicta
o Overruling not by co-equal Bench
 Enforcement of Decree and Orders of Supreme Court: Article 142
 Ex-gratia grant
 Dissolution of marriage by mutual consent waiving the statutory period of waiting
o Dissolution of marriage if it is totally unworkable
 Enforcement of guidelines and directions to provide immediate help to the victims of accidents and to
protect good Samaritans
 Power of the Supreme Court to make rules
 Conclusion

Introduction
In ancient times, when any wrong was done, it was on the king to ensure that the culprit was
punished so that the victim gets relief. After the constitution has been adopted This function of
the king has been replaced by the Judiciary whereas the other functions such as making the law
and executing them are done by the Legislature and the Executive.

In order to ensure transparency and fair work in the system, the constitution-makers kept these
three organs independent of each other. The Judiciary is the ultimate interpreter of the rights
while it acts as a guardian of the constitution. It can also conduct checks on the legislature and the
executive and ensure that no one goes beyond their ambit of power. The Constitution ensures that
the judiciary remains even-handed in all circumstances.

We have different levels of Judiciary which is present at the central level, the state level, and
district level. In Part V of the constitution, chapter IV concerns the Union Judiciary. It consists of
the Supreme Court and in this article, we would only be dealing with the Union Judiciary in
depth.

Supreme Court – The Guardian of the

Constitution
There can be discords arising in between the different units of the federation, that is when the
Supreme Court comes into play. It’s the highest authority and the final interpreter of the law
which means that it has the power to give final decisions on all the matters of the law. Its
judgments are binding on all the lower courts. It has the power of judicial review through which it
can review the action of the executive and the legislature.

Let’s look at Article 124 and what it says.

Article 124 of the constitution,

The first part of this Article provides for the setting up of the Supreme Court which will be
composed of one Chief Justice of India and only seven judges until the Parliament by law
prescribes any more judges.

1. The second part of this Article states that the Chief Justice of India will be appointed by
the President after consulting other judges whom he thinks suitable and will hold the
office until he attains the age of 65 years. Whereas the president will have to take into
account the Chief Justice’s opinion when he appoints the other judges.

 This Article in its part 2(a) says that a judge can by writing to the President, resign from
his position, whereas,
 this Article in its part 2(b) says that the judge can be removed under the provision
contained in clause 4.
We will be dealing with this Article in detail, under the upcoming topics.

Appointment of the Chief Justice of India

According to Article 124(2), the Chief Justice of India will be appointed by the President and in
pursuance of that, the President has to consult the judges of the Supreme Court and the High
Courts which he thinks necessary. The president should also have a warrant regarding it.

The provision for the appointment of Chief Justice experienced many changes during the passage
of time.

In this article, we will be discussing them in length.

Composition of the Court

With respect to Article 124(2), the number of judges was only limited to seven but the parliament
by law prescribed & amended that the number of judges should be increased to thirty-one, i.e
thirty judges and the Chief Justice of India.

This was done with a rationale that seven-judges will not be able to suffice the work, the
Judiciary undertakes. In order to work efficiently, the number of judges should be increased
otherwise the cases will keep on piling up and there will be more scenes of injustice.

Appointment of the Judges-Position before the

99th Amendment of Constitution
After the adoption of the constitution, the tradition regarding the appointment of judges was that
the senior-most judge was chosen as the Chief Justice of India whereas the Chief justice of India
was consulted by the President, along with some other judges of the High court and Supreme
court for the appointment of the judges of these two courts.

After some years, this tradition came to an end and the judges were selected according to their
merit and not in accordance with their seniority.

To illustrate, suppose there is a judge and he has three senior judges above him but the President
thinks that he is more capable of taking the position of the Chief Justice of India. So, he is
appointed, leaving behind the seniority factor.

This led the senior-most judges to resign from their seats as the promotion to the designation of
the Chief justice was their aim and experiencing a judge who is junior to them getting promoted
to that post was a disrespect to them.

Well, this custom came to an end and the earlier method had a comeback when the old
government was replaced by a new one. Again the promotion on the basis of the seniority method
was reinstated. But the controversies didn’t end, the questions on the independence of the
judiciary started to build up.

After which three cases were decided which brought the system of collegium into existence.

We will now look into these three cases.

Supremacy of Executive
[Judges Transfer Case I]

Judges Transfer Case I is known as SP Gupta v. Union of India.

This case ruled out that, whenever there is an issue between the different constitutional agencies,
then the decision of the central government will prevail and the government will choose as to
which view of the constitutional agency will be taken into consideration. Whereas, when the
appointment of the Supreme Court judges is concerned then the opinion of the Chief Justice of
India will not be in concurrence and it will be on the government to take the final decision.

As far as the word ‘may’ in Article 124(2) is concerned, the court stated that it only implies
taking decision regarding which judge of the Supreme court and the High court has to be
consulted while appointing the judges of the Supreme Court and High court, whereas it does not
give an option to the government to take into consideration the opinion of the judges.

In this case, the supremacy of the Executive was maintained.

Judicial Supremacy
[Judges Transfer Case II]

Judges Transfer Case II is known as Supreme court Advocates on Record Association v. Union of
India.

The system which was laid down in the first judge case created many problems. Let’s take one as
an example – when the Chief Justice of India was asked to give his opinion, he let a junior judge
take the position of the CJI without giving a chance to the senior judges.

So, it was decided that there should be a collegium system which in the case of the Supreme
Court will consist of the Chief Justice of India and two senior-most judges. And, while taking the
decision as to who would take the post of CJI both of the judges of the collegium will give their
opinion and CJI will have to take that into consideration. After that, the decision of the collegium
will go to the President for his assent. Whereas, in the case of High Court it will be the Chief
Justice of the High Court and the two senior-most judges, and the procedure thereon, is the same
as for the SC.

Now what really happened was that the Chief Justice of India, at times did not consider the
opinion given by the other judges and would take the decision of his own and pass it on to the
President for his assent.

This case basically maintained judicial supremacy. Moreover, It ruled out the judgment of the
first judge case and laid down the formation of the collegium system.

Expansion of the Collegium

[Judges Transfer Case III]

Judges Transfer Case III is known as In Re Special Reference Case.

Well, the Judicial Supremacy continued to be in existence. Whenever the opinion of the
collegium was not taken into consideration, it was not acceptable to the CJI.

This continued until the Executive approached the court for an advisory opinion of the Supreme
Court.

Further, the court ordered to increase the number of judges in the collegium from two to four.

It also ruled out that the most senior-most judge will take the designation of CJI and as far as the
judges of the Supreme court are concerned, the Supreme Court collegium will recommend the
president to which he will give his assent.
Sole Opinion of Chief Justice of India without following
consultation process: Not binding on Government
Judges Transfer Case III made it clear through its judgment that whenever the Chief Justice of
India conveys to the President, his opinion without taking into account the opinion of the
collegium then the opinion of the CJI alone, will be rejected until he follows the constitutional
mandate.

To give an example, in 2018, Senior Advocate Indu Malhotra was recommended by the
collegium consisting of Justice Deepak Misra, then Chief Justice of India.

National Judicial Appointments Commission

National Judicial Appointments Commission was introduced by 99th Amendment Act in 2014.
As a result of which, two Acts were born, one of them stated the removal of the collegium system
and the introduction of the National Judicial Appointments Commission and the second Act gave
the process of the appointments mentioned in the first Article. This Amendment Act
introduced Article 124A, Article 124B and Article 124C of the Constitution. It was passed by
both the Houses of the Parliament in August 2014 while it received the assent of President in
December 2014.

Many petitions were filed against this Amendment with the contention that it was against the
separation of powers and it questions the independence of the judiciary as the members of the
Executive were present in the NJAC.

After this, the case was referred to a five-judge bench that struck down the Amendment Act on
the basis of unconstitutionality by a ratio of 4:1.

The Provisions of the National Judicial

Appointments Commission
[Article 124A]

The 99th Amendment Act introduced a new Article 124A in the constitution. This Article
mentioned the members who would form the composition of the National Judicial Appointment
Commission.

According to this Article, the National Judicial Appointment Commission will consist of the
following people-

 The Chief Justice of India

 Two senior-most judges of the Supreme court
 The Union Law Minister
  Two eminent people nominated unanimously by the Chief Justice of India, the Prime
Minister and leader of the opposition of the Lok Sabha
One member out of the two eminent people will be either be a woman or one belonging to the
minority section or to the backward classes such as SC, ST, OBC, etc.

They will be nominated for a period of three years and cannot be renominated again.

Functions of National Judicial Appointments

Commission
[Article 124B]

Along with Article 124A, the 99th Amendment Act also stated for the insertion of Article 124B.

This Article provided for the functions of the National Judicial Appointments
Commission(NJAC) which are as follows-

 This body will recommend people for the position of the Chief Justice of India, judges of
the Supreme Court, Chief Justice of the High Court, and judges of the High Court.
 This body will also recommend the transfer of the Chief justice of the different High
courts from one High Court to the other.
 It will thoroughly ensure that only the people who are capable to be promoted to these
designations, get promoted.

Procedure for appointment to be regulated by

the Parliament
[Article 124C]

Article 124C states the following:

 Parliament may enact any law to amend the provisions of the appointment of the Chief
Justice of India, the judges of the Supreme court, or the Chief justice of the respective
High Courts and the judges of the High Court.
 This Article enables the NJAC to enact by regulation any law that governs the functions of
the NJAC, selection of the people for the post or any other matter that concerns the
functioning of the NJAC.
Well, this article is considered as a contentious Article on the ground that, it allows the
Parliament to appoint the judges of the Supreme court and the High Court which was against the
concept of Separation of Powers. Besides, it gives the Nation Judicial Appointment Commission
the power to make rules for itself.

[Supreme Court Advocates-on-Record Association v. Union of India, 2015]

In 2015, petitions were filed by the “Supreme Court Advocates on Record Association” and some
of the senior advocates which challenged the constitutional validity of the National Judicial
Appointment Commission and the 99th Amendment Act.

The contentions were regarding the independence of the Judiciary that it violated the provision of
the constitution according to which the judiciary was kept independent to ensure bonafide acts.

Main points of Judgment of Justice Jagdish Singh

Khehar – Fit to hold the office
This case was heard by the bench of five judges that involved Justice Jagdish Singh Khehar,
Justice J Chelameswar, Justice Madan B Lokur, Justice Joseph and Justice Adarsh Kumar Goel. it
was decided by the ratio of 4:1 with Justice J Chelameswar giving a dissenting opinion.

Justice Jagdish Singh Kehar gave the opinion that the clause (c) of Article 124A(1) is ultra vires
with the basic elements of the constitution that is “Separation of Powers” and the “independence
of the Judiciary”. He also stated that clause (d) of the same Act which talks about the
appointment of two eminent persons is violative of the elements of the constitution and the basic
structure for many reasons.

Seniority: Section 5(1) of the NJAC Act

Section 5(1) of the National Judicial Appointment Commission says that if the senior-most judge
of the Supreme Court is fit to hold the office then he will be chosen as the Chief Justice of India.

This section makes sure that the possibility of a junior judge superseding the senior-most judge is
mitigated.

Whereas, Section 5(2) of the NJAC of the National Judicial Appointment Commission says that
the appointment of judges of the Supreme Court will be done on the basis of merit and other
criteria specified in clause 3 of Article 124.

Veto power to any two members of NJAC: Section

6(6) of the NJAC Act
In this article, we have learned that two eminent people will be appointed in the NJAC who will
be a part of appointing the Chief Justice of India. Now, think about two people who are not
accustomed to the judicial procedure and are a layman in the field of law, are appointed as the
two eminent people by the reason of which they get to decide the next Chief Justice of India.
Also, they have been given the veto power through which they can supersede even the judgment
of the present Chief Justice of India, who is also a member of the NJAC.
This was contrary to the provisions given in Section 6(6) of the National Judicial Appointment
Commission. This Section stated that if any of the two members of the Commission disagree on
the matter concerning the appointment of Chief Justice of the High Court then the commission
will not recommend the person to that post.

NJAC Act could not come into effect prior to the

coming into operation of the Ninety-ninth Amendment
Act of the Constitution
Ninety-ninth Amendment came into existence in 2014, three new Articles were inserted in
Section 2 which were Article 124A, Article 124B, and Article 124C.

Herein, the provision for the NJAC was laid down. The National Judicial Appointment
Commission Bill was passed by the Lower House on August 13, 2014, and by the Upper House
on August 14, 2014. After which it received the assent of the President in December.

But both the 99th Amendment Act and the National Judicial Appointment Commission were
struck down on the basis that it was violative of the basic elements of the Constitution.

For the enactment of NJAC Act procedure provided

under Article 368 need be followed
In the Kesavananda Bharati v. Union of India, it was stated that any changes made in the
constitution, through amendments, should only be to an extent that it does not violate the basic
structure of the Constitution.

In order to enact the NJAC Act, it was necessary to take into consideration the basic structure
provided under Article 368. On consideration of the same, it was found that it was hindering the
basic structure of the constitution which was the concept of ‘separation of powers’. Therefore the
NJAC Act was made null.

An ordinary Legislation can be invalidated for

violating the constitutional provisions
The Forty-second Amendment which came in the year 1976 introduced various new Articles.

Article 32A disabled the Supreme Court to decide the constitutionality of any state law until it
involves the constitutionality of any central law. Furthermore, through Article 131A, the Supreme
Court was given the exclusive jurisdiction to check the constitutionality of the central law.
Whereas under Article 228A, the High Court was given a right to decide the constitutional
validity of any state law. This law had to be decided by the High Court through a five-judge
bench.

Any Act of legislation not found to be consistent with the provisions of the constitution will be
stated as unconstitutional.

Article 124-A is the edifice of the Constitution

(Ninety-ninth Amendment) Act
Article 124A of the 99th Amendment Act is the edifice of the whole 99th Amendment Act, as it
carries the entire structure of the Amendment Act and if it is rendered negatory then the Articles
124, 124B, 124C, Article 127, Article 128, Article 217, Article 222, Article 224, 224A, Article
231 will be restored back.

To give an example, Article 124A(1) provides for the formation and the composition of NJAC, so
if it is rendered invalid then the whole NJAC will be rendered unconstitutional and the 99th
Amendment Act will be of no value.

Let’s see what Justice Madan B. Lokur said on this.

Justice Madan B. Lokur

In his judgment, Justice Madan B. Lokur said that Article 124A was against the basic structure of
the Constitution and without it, the other provisions can not stand.

Further, he pointed out that it also affected the President and the Chief Justice of India as the
President was only left to take the recommendations whereas the CJI had to take into
consideration the opinion of other people of the Commission.

Justice Kurian Joseph

Well, the eminent Judge stated a maxim in his judgment which was “Entia Non Sunt
Multiplicanda Sine Necessitate” which literally means that things should not be multiplied
without necessity. He emphasized delivering his judgment in simple language, through which he
stated that involvement of any non-judicial body which here is the Executive will follow many
structured bargains and if not that, it could lead to anything more worse. He further added that
anything which dilutes the supremacy of the constitution should be nullified at its beginning.

Justice Adarsh Kumar Goel

The learned judge stated that the role of a non-judiciary post and the judges of the High Court and
the Supreme Court is very different and they can be compared, therefore giving the veto power in
hand of the non-judicial person who can overrule the power of the CJI is completely arbitrary.

Guidelines for improvement of the collegium

system
While Justice Madan B Lokur in his judgment, emphasized on improving the collegium system,
after which a memorandum of procedures came into existence which issued guidelines for
amending the collegium system.

Eligibility criteria
With the views of the state government and central government considered, the MOP will check
the minimum age requirement.

Transparency in the appointment process

Transparency in the appointment of the judges is of utmost importance. The bench said that every
proceeding and all the matters related to the appointment of judges should be updated on the
website of the Ministry of Law, the Supreme court and the High court, whereas, every part of the
discussion regarding it should be recorded.

Secretariat
For the better functioning of the collegium, a secretariat should be established for each High
Court and the Supreme court.

It will ensure better procedures for the appointment of judges.

Complaints
Complaint redressal is very necessary to ensure that all the functions are properly performed and
all duties are properly disposed of. Therefore, a proper complaint mechanism should be formed.

Qualification of Judges
Article 124 in its clause (4), provides a checklist for the qualification of the judges of Supreme
court which is as follows-
The person,

 Should be a citizen of India,

 Should have been a judge of the High Court or of at least two courts in succession, for a
span of five years,
 Should have been an advocate of the High Court or at least two courts in succession, for a
span of 10 years,
 And should be a distinguished jurist in the eyes of the President.

Tenure and Removal of Judges

According to Article 124(2), the judges of the Supreme court will hold their office until they
reach the age of 65 years. That is they will get retired at the age of 65 years.

As far as the removal is concerned, Article 124(4) mentions that the judge can be removed on the
ground of proved misdemeanor, the process for which is that the President will pass an order
which will then be presented before both of the houses and it should pass with two-third majority
of the members of the house present and voting.

We must not forget that the President should be proved incapable or guilty of his act. It can be
proved through the procedure for the investigation regarding the same matter and the following
procedure has to be laid down by the law of the Parliament. This right is given to the Parliament
under Article 124(5).

Judges (Inquiry) Act, 1968

In this Act, the procedure for the investigation into the charges against the judges was laid down.

The Judge can only be removed after proven misbehavior or incapacity.

This Act further specified that it will consist of the following people-

 Any judge of the Supreme court, or the Chief justice of the Supreme court,
 Any Chief Justice of the High Court, and
 Any person who is a distinguished jurist in the opinion of the Speaker.
These members will unanimously frame charges against the judge and will investigate it.

Salaries and Allowances

Article 125 talks about the salaries and allowances to be given to the Judges of the Supreme
court.
  In clause (1), it was mentioned that the judges of the Supreme Court will be paid the
salaries determined by the Parliament by law. This is present in the second schedule until
any other law regarding the salaries is made.
 In clause (2), it was further mentioned that the judges will get privileges, allowances, and
rights regarding leave of absence and pension with respect to the law prescribed by the
Parliament.
Now, the Parliament by law can alter the rights that may hamper the judge’s position. But this
Article makes sure that it should not happen as it states further that, the Parliament should not
enact any law which will stand as a disadvantage to the position of the judge after he has been
appointed.

Acting Chief Justice: Article 126

Article 126 talks about acting Chief Justice, let’s have a look.

Anytime during the tenure of the Chief Justice of India, if he is absent and is not able to dispose
of his duties or his office is vacant for any reason, then the acting Chief justice will discharge the
duties of the Chief Justice of India.

The seat of the Supreme Court: Article 130

In Article 130 it is mentioned that the Supreme Court will be seated in Delhi. Well, it is not a
hard and fast rule but can be flexible as the Chief Justice of India may specify from time to time,
which should be approved by the President.

Jurisdiction of the Supreme Court

(1) A Court of Record

1. The jurisdiction of the Supreme Court under Article 129 is

independent of the Courts Act
Contempt of court takes place when any person disobeys the orders of the court or through his
demeanor disrespects the court.

Court of Record is that the proceedings of the court will be recorded so that they can act as a
testimony in the future.

Well, Article 129 makes the Supreme Court the court of record and gives it the power to punish
for its contempt.
PN Duda V. V.P. Shiv Shankar & others
In this case, it was ruled out that a person who has been punished for contempt should have
caused hindrance to the procedure of the court and administration of justice whereas, no one
should be punished for criticizing the judicial system.

Supreme Court’s power to punish for contempt of itself as well as

subordinate courts
Article 215 of the Constitution does not empower the High Court to punish for contempt of the
Supreme Court but the Supreme Court has the power to punish for contempt of High court and
other subordinate courts.

In case, the Supreme court does not punish for its own contempt then the High Court has no say
in it.

Contempt jurisdiction for protection of Registry

Supreme court has not only maintained the contempt of court in order to punish people to harm
the judge’s reputation but also to protect the name of the Judiciary.

To give you an illustration, an advocate was barred from practising law for one month because he
accused the registry of the court wherein he wrote the word ‘bench hunt’.

The Court ruled out that the bench is not constituted by the registry but by the Chief Justice of
India and the contempt of registry shall be punished.

A Minister or official may also be guilty of contempt when the

Contempt of Court is committed by the State
When there is an issue before the court which is between the states on both sides of the state is
one of the parties and the court give an order or decree which the state disobeys then the Supreme
Court can make the State guilty of contempt.

The officials and ministers involved in the case will be thereto made liable for the same.

The Court’s unlimited power to compel obedience and compliance

of its orders
Under Article 142, the Supreme Court has been given the power to make an order in regard to the
contempt of Court.
That is, the Supreme Court can compel any person under this Article to obey the order which it
has given.

(2) Original Jurisdiction-Article 131

The Supreme Court has original jurisdiction when it comes to matters related to the following-

 Between the Government of India and one or more than one states; or
 Between government of India and one or more states at the different sides; or
 Between two or more than two states.
It is further provided that its jurisdiction shall not cover the matter arising out of any agreement,
engagement or any sort of treaty, which was present before the pre-constitutional time and is still
in force. It also extends to the matters which provide that this jurisdiction shall not apply to the
respected dispute.

Enforcement of Fundamental Rights

Article 32 of the Indian Constitution states that if any fundamental right is infringed, then the
person can approach the Supreme Court.

This Article provides for the issue of writs which include Habeas corpus, mandamus, Certiorari,
Quo warranto, Prohibition.

After issuing these writs one can directly approach the Supreme Court for the enforcement of the
Fundamental Rights.

(3) Appellate Jurisdiction–Article 132

Article 132 provides that the appeals for the High Court of any state can be brought up in the
Supreme Court for civil as well as criminal matters.

It is provided that the case should involve some substantial question of law under Article 134A.

When all of the parameters are met then the certificate is granted under which any person can
approach the SC on the basis that his or her case has been wrongly decided.

An appeal in Civil matters

Article 133 talks about the appeal in the case of constitutional matters.

Let’s have a look at it-

  It says that the appeal shall lie to the Supreme court only if the High Court certifies that it
fulfils the condition given in the Article 134A which says that the matter should contain a
substantial question of law and in the opinion of the High Court the matter should be
passed on to the Supreme Court.
 This Article again emphasizes in its clause (2) that a question of law should be wrongly
decided by the High court.
 In its clause (3), it states that notwithstanding anything stated in this Article, any appeal
will not lie before the Supreme Court until the Parliament specifies.

An appeal in Criminal Cases-Article 134

Article 134 says about the appeal to the Supreme Court when the matter is of criminal nature.
Let’s have a quick look at it-

The appeal would lie before the Supreme Court when the High Court-

 On appeal, has reversed the acquittal of the person and he has been sentenced to death; or
 Withdraws any case from a subordinate court and has announced the conviction of the
person or death sentence; or
 Has considered the case to be fit to be presented before the Supreme Court on the basis of
Article 134A.

Certificate for appeal to the Supreme Court

As mentioned earlier in this article, Article 134A provides for a checklist to certify that the case is
fit to be presented before the Court. This article basically provides the certificate for the appeal to
the Supreme Court.

These checkpoints are as follows-

 If the High Court deems it fit to do so in the motion of its own.

 If the aggrieved party just after the judgment is passed makes an oral application.
 The decisions are to be made with respect to Articles 132(1), Article 133(1) and Article
134(1)

Power of the Supreme Court to withdraw and

transfer cases Article 139-A
Article 139A gives power to the Supreme Court to withdraw the cases from the High Court if
they are pending and it is believed by the Supreme Court that it involves important question on
law.
Another instance in which the Supreme Court can do so is when the Attorney General of India or
the aggrieved party writes to the SC mentioning that the case carries a question of law of general
importance.

Federal Court’s jurisdiction to be exercised by

the Supreme Court- Article 135
The federal courts were established before the commencement of the constitution wherein some
laws were passed. Now if the provisions which are given under Article 133 and Article 134 do
not apply to those laws, then the Supreme Court will have the jurisdiction over it under Article
135.

Appeal by Special Leave- Article 136

Article 136 enables the Supreme Court to grant special leave of appeal for any order, judgment or
sentence which is passed by any court or tribunal in the country.

It is regardless of anything contained in the chapter concerning the Union Judiciary and do not
apply to any matter concerning Armed forces.

The Court not competent to judge economic

policy of the Government
The economic policies laid down by the government are subject to legal restraint that it cannot be
reviewed by the judiciary.

The rationale behind it is that the judiciary is an expert in the field of law whereas interpreting
economics policies would require an expert who has the knowledge of economics.

The work of the judiciary is to decide the matter between the two parties whereas the policy
adjudication will have many views.

In TN Govarnam Thirumulkpad v. Union of India, the judiciary took the matter related to
the Forest Conservation Act,1980. This case required technical as well as expertise on some
matter but the Supreme Court arranged by appointing the experts related to the matter. So here
the Supreme Court was able to fill up the need required to take up policy matters.

But after all, the resources like appointing technical experts were to be arranged which are
already present in the legislature and the executive per se. But the judiciary can pick up the policy
matters which it considers carries injustice.
Power to grant special leave to appeal to be exercised
in exceptional cases
We will discuss some cases relating to it.

Pritam Singh v. the State

In this case, it was ruled out that the special leave to appeal will only be granted under special
circumstances where grave injustice is done and the court checks it and bestows justice.

The court emphasized on setting up of a standard for granting special leave of appeal.

N Suriyakala V. A Mohan Doss

In this case, the court ruled out that the granting of Special Leave of Appeal is not a usual action
taken by the Supreme Court but only when the SC has to interfere in the case under its own
discretion.

Concurrent findings of the Trial Court and the High

Court
Let’s consider a case regarding it,

M.Vadivel vs Arulmughu Iravatheeswarar Koil

It was contended in this case that the Supreme Court under Article 133 can undertake any matter
as it has been not stated anywhere in the chapter of Union Judiciary that the concurrent findings
of the Trial Court and the High Court can not be reviewed.

It was held that the concurrent findings of the trial court and the High Court have been brought up
by deep knowledge of the court by considering matters of both of the parties. Hence the Supreme
Court interferes only in exceptional cases when there is a grave injustice.

New Plea on Facts

The Supreme Court does not allow the facts to be raised in the court when they were not raised in
the first place during the proceedings of the subordinate court. Therefore new facts are
inadmissible.

Let’s look at a case.

Jagannath Behera V. Raja Harirar Singh
In this case, the new fact was whether any special laws or traditions prevailed in a merged
territory. This fact was not presented before in any court and for the first time in the Supreme
Court, therefore it was inadmissible.

Gopinath Ghosh V. State of West Bengal

In this case, it was brought for the first time to the knowledge of the Supreme court that the
accused was below 18 years of age when the crime took place. Hence, it too was inadmissible.

Plea of Law
In cases where a question of law was not presented before in any court, the Supreme Court will
allow it to be raised for the first time.

Badari Prasad V. Nagarmal

In this case, a question was raised stating that section 4(2) of the Rewa State Act as
unconstitutional. This question was raised for the first time in the Supreme Court and it was
allowed by the court.

Masalti V. State of UP
In this case, it was ruled out that any question of law that is material to the facts will be
admissible even if it is presented for the first time in the Supreme Court.

A private party can file an appeal under Art.136

challenging acquittal
Supreme court under Article 136 considers special leave to appeal. But the question of whether
the private party has a locus standi to file the appeal has to be understood.

Let’s have a look at the cases to know the answer.

A petition was filed by Prisoners Right Forum which was related to a death sentence of the
prisoner which was dismissed by N. Anand Venkatesh, who stated that any third person can not
file an appeal regarding it.

And if it is allowed, any bystander will be able to file an appeal revoking the judgment of the
subordinate court.
When no challenge to the main judgment
No appeal can be filed against the judgment of the Court which is passed with the consent of the
parties. An appeal can only be placed regarding a question of law.

False and misleading statements – Justification to

revoke the appeal
When any party presents before the court during the hearing of an appeal, any false statements or
the facts which are misleading, then the Supreme court can revoke the appeal.

In SN Aggarwal V. Union of India, false facts were presented which affected the decision and
discretion of the court. In this case, it was ruled out that the Supreme court has the power to set
aside the appeal and it will be justified.

Tribunals
As the tribunals were set up to reduce the workload on the Courts, any appeal from the tribunals
can be presented before the Supreme court until there is no provision of Appellate tribunals. If
there is then Appellate tribunals will hear the appeals for the Tribunals.

Power to review its judgments Art 137

Under Article 137, the Supreme Court has the power to review its judgment.

It is subjected to the provisions of law and provisions under Article 147.

It is basically a mechanism provided to the Supreme Court to amend its mistakes.

Curative Petition
The remedy of the curative petition was introduced by the Supreme Court in the case of Rupa
Asok Hurra V. Asok Hurra.

A curative petition is the last remedy provided for any grievances. Its counterpart is the mercy
petition which is filed before the President.

It was also filed in the famous Delhi rape case.

Ancillary Powers of Supreme Court.
Article 140 enables the president to make law regarding any supplementary right which can be
given to the Supreme Court. This right should not be against the provisions of the law.

It will enable the Supreme court to work more effectively towards the goal of bringing justice to
the people.

Advisory jurisdiction-Article 143

If at any point the President feels like a matter carries substantial question related to law and is of
public utility then he can approach the Supreme Court for Advisory jurisdiction.

Supreme Court after hearing it may give his opinion to the President.

This is the procedure of Advisory jurisdiction which is present in Article 143 of the Constitution.

Law declared by the Supreme Court to be

binding on all Courts- Article 141
Supreme Court is the highest organ of law and the decision it takes is of utmost importance. The
rule to follow its decision will lay down a structure of procedures which will act as a guideline for
the lower courts to follow in cases where similar facts are contained.

Article 141 states that the judgment of the Supreme Court is binding on all the lower or
subordinate courts.

Supreme Court not bound by its own decisions

Article 141 obligates other subordinate courts to follow the judgments of the Supreme Court and
stand by its decision which is the principle of Stare Decisis. But the Supreme Court is not bound
by its own judgment.

It believes to follow its earlier judgments until there is a case of diminishing circumstances.

Ratio-decidendi
The part of the judgment that lays down the rationale of the decision is called ratio- decidendi. It
is important to consider the ratio decidendi of the judgment as it lays down the rule of law.
Prospective overruling
The motive of following a judicial precedent is to maintain the old laws and follow them and not
to invent new laws every day. The overruling of a precedent is done when it is followed by
injustice to people at times, so in order to prevent it, the Doctrine of Prospective overruling is
followed.

The Doctrine of Prospective overruling lays down the mechanism according to which, the law
which has arisen out of the case which has overruled a previous judgment, will be followed.

This Doctrine was first reinforced in the case of I.C. Golakhnath V. State of Punjab, where
Justice Subba Rao invoked it. He had taken it from the American law where various eminent
jurists spoke about it.

Obiter dicta
As in this article, we have already discussed the Ratio Decidendi which was an important part of
the judgment. Well, here Obiter Dicta is the other half of the judgment which is not the important
part and can be ignored while considering the facts of the judgment. In case one has to go through
the thought process and the opinions of the judge who wrote that judgment, he or she may give it
a read.

Overruling not by co-equal Bench

In Siddharam Satlingappa Mhetre v. the State of Maharashtra, the court ruled out that a judgment
by a larger bench will be binding on the smaller bench and co- bench.

But what happens if there is a conflict between two co-bench regarding the judgment?

This is answered by the case of the State of MP v. Mala Banerjee, which stated that in cases of
such conflicts, the matter should be presented before a larger bench.

Enforcement of Decree and Orders of Supreme

Court: Article 142
Article 142 says-

 The Supreme Court in order to make sure that justice is done can pass any order or decree.
 It was further stated in clause (1), that when such order or decree is passed then it will be
enforceable in the entire country under the provision made by the law of the Parliament
 and if there is no provision regarding it then the provision made by the President will be
considered.
 The Supreme Court has the power to issue an order or decree in order to secure
the attendance of the concerned person, the discovery or production of any of the related
documents, or the investigation or punishment of any contempt of itself which will be
subjected to the provision laid down by the Parliament.

Ex-gratia grant
[Santosh Devi v. Union of India, 2016]

Looking at the case of Santosh Devi v. Union of India, we will understand the concept of the ex-
gratia grant.

In this case, it was ruled out that the procedure for the compassionate appointment of a member
of a family in place of a deceased member of the same family should only be done after taking
into consideration that the sudden demise of the member affects the conditions of the family
economically or the member was the only earning member of the family and after his demise,
someone needs to take his place.

Dissolution of marriage by mutual consent

waiving the statutory period of waiting
To illustrate and understand the topic,

In July, a couple got married after which due to instances of domestic violence both of them
started living separately. After which they approached the family court for this matter and applied
for a divorce by mutual consent.

The family court in that matter ordered them to live separately for a period of 6 months. Later on,
the woman wanted to marry a man who was a non-resident of Australia.

The High Court set aside the 18 month separation period after the women filed a petition for it.

The Supreme Court in this matter ruled out that in the case when the divorce has taken place with
the mutual consent of both parties to the marriage, the rule of six month period of separation can
be skipped.

Dissolution of marriage if it is totally unworkable

Since a broken marriage can not be reversed so the Hindu Marriage Act and the Special Marriage
Act take care that the marriage which still has some hopes should not be broken.
Supreme Court ruled out that only the marriage which has become dead in emotional terms and is
totally unworkable should be dissolved through the process of divorce.

The couple who is living separately for years is not getting divorced due to the long mechanism
involved in it. It makes it impossible for them to explore their lives while still stuck in the past
marriage which is dead to them already.

Many have recommended to invoke Article 142 and introduce irretrievable breakdown as a cause
for the dissolution of marriage.

Enforcement of guidelines and directions to

provide immediate help to the victims of
accidents and to protect good Samaritans
A good Samaritan is a person who, with bonafide intention and without wanting anything in
return for the act he will do, steps forward to help or provide assistance to a person who has got
injured in an accident or a crash and is in an emergency and needs medical help immediately.

Well for his amazing acts, the good samaritan is provided safety under many guidelines which are
as follows-

 No investigation on criminal and civil matter will be initiated against the good Samaritans
if any injury or death of the injured takes place
 The good samaritan will not be forced to reveal his personal details if he informs about
such an accident or the injured person involved.
 Any person who forces him in revealing his personal information will be punished.
 The good samaritan will not be liable to bear any initial cost of the treatment of the injured
person.
[Savelife Foundation v. Union of India, 2016]

Savelife Foundation v. Union of India mainly was concerned with the provisions related to the
ambulance codes, emergency procedures, the process to be followed by the hospitals that are
situated in the highways and the procedures related to the management of the trauma struck,
injured person during the accident.

Power of the Supreme Court to make rules

The Supreme Court is the highest judicial functionary of the Constitution.

The Constitution of India under Article 145 gives the Supreme Court of India, the power to make
its own rules. It should be consistent with the law of the parliament and should be made with the
permission of the President. These rules are generally made for the procedure of the Court.
These rules may include-

 Rules regarding the person who is practising before the court

 Rules related to the hearing of appeals by the Supreme Court and all the matter regarding
it.
 Rules regarding the proceedings of the court.
 Rules for the enforcement of fundamental rights.
 Rules in relation to the granting of bail
 Rules related to the stay on the procedures
 Rules considering the procedure of inquiries
This Article further provides that in regards to it, the Supreme Court will also provide for the
number of judges who will sit to decide in this matter. It also provides for the powers to be
conferred with division Courts and single judges.

It confers power on the Supreme Court to decide the number of judges to decide the matters that
involve a substantial question of law.

Conclusion
[How is the independence of Judiciary maintained under the Constitution]

“We should interpret the constitution as it is and not according to what we think it should be. We
will always come across some ways by which the spirit of the Constitution of India can be
amended but then we will be rewriting the Constitution in the guise of interpreting it”. This was
said during the judgment of a case, by the eminent jurist, PN Bhagwati.

The Constitution of India provided for the concept of separation of powers and the basic feature
of the Constitution was the independence of the judiciary.

While India witnessed cases like the First Judges Case, Second Judges Case and the Third Judges
Case, where it saw the revocation of separation of powers and the independence of the judiciary.
But after every instance, the Judiciary still stood independent

As the National Judicial Appointment Commission(NJAC) and the ninety-ninth Amendment saw
their demise, the basic feature of the constitution was restored back.

It should not be forgotten that the basic structure is the essence of the Constitution and under no
circumstances, it should be altered or eliminated as it is essential for the fair mechanism for the
administration of justice. Our Judiciary should stand independent as the framers of our
constitution intended and we should respect and ensure that.
Municipalities [243P - 243ZG]
The system of Municipalities or Urban Local Governments was constitutionalised through
the 74th Constitutional Amendment Act of 1992. The provisions in this amendment are
included in Part IXA which came into force on June 1, 1993. Therefore, it gave a
constitutional foundation to the local self-government units in urban areas.

This article revolves around an important topic for IAS Exam, that is Municipalities or Urban
Local Government, provisions of 74th Amendment Act, 1992.

It will be useful for GS Mains 2 – polity part of the UPSC Syllabus.

Table of Contents:

Evolution of Urban Bodies

74th Constitutional Amendment

Features of 74th Amendment Act, 1992

Elections to Municipalities

Types of Urban Governments

Evolution of Urban Bodies

The institutions of urban local government originated and developed in modern India during
the period of British rule. The major events in this context are as follows:

1. In 1687-88, the first municipal corporation in India was set up at Madras.

2. In 1726, the municipal corporations were set up in Bombay and Calcutta.
3. Lord Mayo’s Resolution of 1870 on financial decentralisation visualised the development of local
self-government institutions.
4. Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna Carta’ of local self-government.
He is called the father of the local-self government in India.
5. The Royal Commission on decentralisation was appointed in 1907, and it submitted its report in
1909. Its chairman was Hobhouse.
 6. Under the dyarchical scheme introduced in Provinces by the Government of India Act, 1919, local
self-government became a transferred subject under the charge of a responsible Indian minister.
7. In 1924, the Cantonments Act was passed by the Central legislature.
8. Under the provincial autonomy scheme introduced by the Government of India Act, 1935, local
self-government was declared a provincial subject.

The candidates can read more relevant information for their upcoming exams from the links
provided below:

Panchayati Raj in India Cooperatives in India

Schedules of Indian Constitution 73rd Amendment Act Came Into Effect – [April 24, 1993]

Government of India Act 1919 Government of India Act 1935

Lord Ripon Lord Mayo

List of Important Articles in the Indian Constitution Important Amendments in Indian Constitution

74th Constitutional Amendment

The 74th Amendment Act of 1992 provides a basic framework of decentralisation of powers
and authorities to the Municipal bodies at different levels. However, responsibility for giving
it a practical shape rests with the States.

The term ‘Urban Local Government’ in India signifies the governance of an urban area by
the people through their elected representatives. The jurisdiction of an urban local
government is limited to a specific urban area, which is demarcated for this purpose by the
state government.

Introduction
 The 74th Amendment Act has added a new Part IX-A to the Constitution of India.
 This part is entitled as ‘The Municipalities’ and consists of provisions from Articles 243-P to 243-
ZG.
 Additionally, the act also added a new Twelfth Schedule to the Constitution. This schedule
contains 18 functional items of municipalities.
 The Act has brought Municipalities under the purview of the justiciable part of the Constitution.
 In other words, state governments are under constitutional obligation to adopt the new system of
municipalities in accordance with the provisions of the act [Article 243 Q].
 The act aims at revitalising and strengthening the urban governments so that they function
effectively as units of local government.
 

Historical Background
 In 1989, the Rajiv Gandhi government introduced the 65th Constitutional Amendment Bill
(Nagarpalika bill) in the Lok Sabha. The bill aimed at strengthening and revamping the municipal
bodies by conferring constitutional status on them.
 Although the bill was passed in the Lok Sabha, it was defeated in the Rajya Sabha in October 1989
and, hence, lapsed.
 The National Front Government under V P Singh introduced the revised Nagarpalika Bill in the
Lok Sabha again in September 1990. However, the bill was not passed and finally lapsed due to the
dissolution of the Lok Sabha.
 P V Narasimha Rao’s Government also introduced the modified Municipalities Bill in the Lok
Sabha in September 1991. It finally emerged as the 74th Constitutional Amendment Act of 1992
and came into force on 1 June 1993.

Significance
 Towns and cities contribute substantially to the economic development of the country.
 These urban centres also play an important support role in the development of the rural hinterland.
 To keep this economic transformation in line with needs and realities at the grass-root level, it is
necessary that the people and their representatives are fully involved in the planning and
implementation of the programmes at the local level.
 If democracy in Parliament and State Legislatures is to remain strong and stable, its roots must
reach towns and villages and the cities where the people live.

Features of 74th Amendment Act, 1992

The main provisions introduced by the above Act were as follows:-

Constitution of Municipalities
The Act provides for the constitution of 3 types of municipalities, depending upon the size
and area in every state.

1. Nagar Panchayat (for an area in transition from rural to the urban area);
2. Municipal Council for the smaller urban area; and
3. Municipal Corporation for a larger urban area.

Composition of Municipalities
 The seats shall be filled by direct elections. For this purpose, each municipal area shall be divided
into territorial constituencies to be known as wards.
 The state legislature may provide the manner of election of the chairperson of a municipality.
 It may also provide for the representation of the following persons in a municipality.
  Persons having special knowledge and experience in municipal administration without the
right to vote in the meetings of the municipality.

 The members of the Lok Sabha and the state legislative assembly representing
constituencies that comprise wholly or partly the municipal area.

 The members of the Rajya Sabha and the State Legislative Council registered as electors
within the municipal area.

 The chairpersons of committees (other than ward committees).

Constitution of Wards Committees

 This provides for the constitution of Ward Committees in all municipalities with a population of 3
lakhs or more.

Reservation of seats
 The Act provides for the reservation of seats for the scheduled castes and the scheduled tribes in
every municipality in the proportion of their population to the total population in the municipal
area.
 Further, it provides for the reservation of not less than one-third of the total number of seats for
women (including the number of seats reserved for women belonging to the SCs and the STs).
 The state legislature may provide for the manner of reservation of offices of chairpersons in the
municipalities for SCs, STs and women.
 It may also make any provision for the reservation of seats in any Municipality or offices of
chairpersons in municipalities in favour of backward classes.

Duration of Municipalities
 The municipality has a fixed term of 5 years from the date appointed for its first meeting.
 Elections to constitute a municipality are required to be completed before the expiration of the
duration of the municipality.
 If the municipality is dissolved before the expiry of 5 years, the elections for constituting a new
municipality are required to be completed within a period of 6 months from the date of its
dissolution.

Powers and Functions of the Municipalities

 All municipalities would be empowered with such powers and responsibilities as may be necessary
to enable them to function as effective institutions of self-government.
 The State Legislature may, by law, specify what powers and responsibilities would be given to the
municipalities in respect of preparation of plans for economic development and social justice and
for implementation of schemes as may be entrusted to them.
 An illustrative list of functions that may be entrusted to the municipalities has been incorporated as
the Twelfth Schedule of the Constitution.

Finances of Municipalities
It has been left to the Legislature of a State to specify by law matters relating to imposition of
taxes. Such law may specify:
  Taxes, duties, fees, etc. which could be levied and collected by the Municipalities, as per the
procedure to be laid down in the State law.
 Taxes, duties, fees, etc. which would be levied and collected by the State Government and a share
passed on to the Municipalities.
 Grant-in-aid that would be given to the Municipalities from the State.
 Constitution of funds for crediting and withdrawal of money by the Municipality.

Finance Commission
The Finance Commission, constituted under Article 243-I to review the financial positions of
Panchayati Raj Institutions, shall also review the financial position of the municipalities and
will make recommendations to the Governor.

The recommendations of the Finance Commission will cover the following:

 The distribution between the State Government and Municipalities of the net proceeds of the taxes,
duties, tolls and fees leviable by the State.
 Allocation of share of such proceeds between the Municipalities at all levels in the State.
 Determination of taxes, duties, tolls and fees to be assigned or appropriated by the Municipalities.
 Grants-in-aid to Municipalities from the Consolidated Fund of the State.
 Measures needed to improve the financial position of the Municipalities.

The governor shall place the recommendations of the commission along with the action taken
report before the state legislature.

Elections to Municipalities
The superintendence, direction and control of the preparation of the electoral rolls for, and the
conduct of, all elections to the panchayats and municipalities shall be vested in the State
Election Commissions.

Audit and Accounts

The maintenance of the accounts of the municipalities and other audits shall be done in
accordance with the provisions in the State law. The State Legislatures will be free to make
appropriate provisions in this regard, depending upon the local needs and institutional
framework available for this purpose.

Committee for District Planning

 Every state shall constitute, at the district level, a district planning committee to consolidate the
plans prepared by panchayats and municipalities in the district, and to prepare a draft development
plan for the district as a whole.
 Planning and allocation of resources at the district level for the Panchayati Raj institutions are
normally to be done by the Zila Parishad.

Metropolitan Planning Committees

Every metropolitan area shall have a metropolitan planning committee to prepare a draft
development plan.

Continuance of Existing Laws and Municipalities

 All the state laws relating to municipalities shall continue to be in force until the expiry of one year
from the commencement of this act.
 In other words, the states have to adopt the new system of municipalities based on this act within
the maximum period of one year from 1 June 1993, which is the date of commencement of this
act.
 However, all municipalities existing immediately before the commencement of this act shall
continue till the expiry of their term, unless dissolved by the state legislature sooner.

Bar to Interference by Courts in Electoral Matters

 The act bars the interference by courts in the electoral matters of municipalities.
 It declares that the validity of any law relating to the delimitation of constituencies or the allotment
of seats to such constituencies cannot be questioned in any court.
 It further lays down that no election to any municipality is to be questioned except by an election
petition presented to such authority and in such a manner as provided by the state legislature.

Types of Urban Governments

The following eight types of urban local bodies are created in India for the administration of
urban areas:

1. Municipal corporation
2. Municipality
3. Notified Area Committee
4. Town Area Committee
5. Cantonment Board
6. Township
7. Port Trust
8. Special Purpose Agency

Municipal Personnel
There are three types of municipal personnel systems in India. The personnel working in the
urban governments may belong to any one or all three types. These are:

1. Separate Personnel System

2. Unified Personnel System
3. Integrated Personnel System
Municipal Revenue
There are five sources of income of the urban local bodies. These are as follows:

1. Tax Revenue
2. Non-Tax Revenue
3. Grants
4. Devolution
5. Loans