Indian Polity

INDIAN POLITY:STRUCTURE OF THE CONSTITUTION

Preamble to the Constitution

o Defines the basic structure and spirit of the Constitution

o Serves as a guiding tool for the interpretation of the Constitution

o Does not bestow any rights

o The words Socialist and Secular were added to the Preamble by the 42nd Amendment 1976 (during the

Emergency)

Parts of the Constitution

Parts are individual chapters in the Constitution, each focused on a particular field of law. Each Part contains

articles that address the issues in question. There are 24 Parts to the Constitution.

Part Focus Article Deals with

I The Union and its Territory123

Name and territory of UnionAdmission of new states

Creation of new states, alteration of existing

II Citizenship569

Citizenship at the commencement of the Constitution

Citizenship of migrants from PakistanPersons acquiring foreign citizenship

not to be citizens

III Fundamental Rights

1214151723242629

DefinitionEquality before law

Prohibition of discriminationAbolition of untouchability

Prohibition of human trafficking and forced labour

Prohibition of child labourFreedom to manage religious affairs

Protection of minority interests

IVDirective Principles and Fundamental Duties

4041424445464950

Organisation of village panchayatsRight to work, education and public

assistanceHumane work conditions and maternity

reliefUniform civil code

Free and compulsory education for children

Promote interests of SC/ST, other weaker sections

Protection of monuments/places of national importance

Separation of judiciary from executive

V The Union

52-6263-69

74768081848993107108124125127

President of IndiaVice-President of IndiaCouncil of Ministers

Attorney-General for IndiaComposition of the Council of States

Composition of the House of the PeopleQualification for membership to

ParliamentChairman & Deputy Chairman of the

Council of StatesSpeaker & Deputy Speaker of the

House of the PeopleProvisions for the introduction and

passing of billsJoint sitting of both houses

Establishment and constitution of the Supreme Court

Appointment of the Chief JusticeAppointment of additional judges

VI The States 153-160163170171173214

Governor of the stateCouncil of Ministers

Composition of the Legislative Assemblies

Composition of the Legislative Councils

Qualification for membership to state

223224225235

legislatureHigh Courts

Appointment of the Chief JusticeAppointment of additional judgesJurisdiction of the High CourtsControl over subordinate courts

VIII Union Territories

239239A239AA241

Administration of Union TerritoriesLegislatures for certain UTs (esp.

Pondicherry)Special Provisions for NCT Delhi

High Courts for UTs

IX Panchayat and Municipalities243A243B243G

Gram SabhaComposition of Panchayats

Authority and responsibility of Panchayats

XIRelation b/w the Union and

States

244-255256-261262263

Distribution of legislative powersAdministrative relations

Disputes relating to waterCo-ordination between states

XII Finance268-281300A

Distribution of revenue b/w Union and states

Right to property

XV Elections 324-329

XVII

Languages

343-344345-347348-349

Official languages of the UnionLanguage of the states

Language of the Supreme Court and High Courts

Schedules of the Constitution

Schedules are lists in the Constitution that categorized by bureaucratic activity of government. They refer to

Articles and hence overlap with Parts of the Constitution.

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Schedule Focus Schedule Focus

First States and Union Territories Seventh Union, State and Concurrent list

SecondEmoluments of higher level

officials Eighth Official languages

Third Forms of Oaths Ninth Land reform, accession of Sikkim

FourthAllocation of seats in the Rajya

Sabha Tenth Anti-defection provisions for MPs and MLAs

FifthAdministration of Scheduled

Areas and STsElevent

h Rural development

SixthAdministration of tribal areas in

AssamTwelft

h Urban planning

MODIFYING THE CONSTITUTION

Amendments to the Constitution

o Allowed by Article 368 of the Constitution

o Amendments can happen in three ways

o Simple majority of Parliament

o Special majority of Parliament

o Special majority of Parliament and ratification by at least half of the state legislatures by a special majority

o Indian Constitution is the most frequently amended governing document in the world

o Supreme Court struck down two amendments for violation of basic structure of Constitution

o 39th Amendment: election of Executive beyond scrutiny of courts, 1975 (during Emergency)

o Parts of 42nd Amendment: reduced power of Supreme Court and High Courts to judge constitutionality of

laws, 1976 (during Emergency)

o There have been a total of 94 amendments, as of 2009

Important of Amendments to the Constitution

For a full list of Amendments, see here.


Amendment no.

Enacted Objectives

1June

1951

o Secure validity for zamindari abolition lawso Place restrictions on freedom of speech

o Protect laws contrary to fundamental rights

7Nov

1956o Reorganize states on linguistic lines

o Introduce Union Territories

12Dec

1961o Incorporate Goa, Daman and Diu as UTs following

acquisition from Portugal

13Dec

1963 o Formation of Nagaland

14Dec

1962o Incorporate Pondicherry into India

o Create Legislative Assemblies for HP, Tripura, Manipur, Goa

22Sep

1969 o Form autonomous states within the State of Assam

23Jan

1970o Extend reservation for SC/STs and nomination of Anglo

Indians for another 10 years (up to 1980)

26Dec

1971o Abolition of privy purse paid to former rulers of princely

states

28Aug

1972 o Rationalize Civil Service rules

31Oct

1973o Increase size of Parliament from 525 to 545

o Increased seats go to newly formed states in NE

36Apr

1975 o Incorporation of Sikkim within the Indian Union

45Jan

1980o Extend reservation for SC/STs for another 10 years (i.e. up to

1990)

52Mar

1985 o Anti-defection law

61Mar

1989 o Lower voting age from 21 to 18

69Feb

1992o Provide for legislative assembly for NCT Delhi

o Delhi continues to be a UT

70Dec

1991o Include NCT Delhi and Pondicherry in the electoral college

for Presidential election

71Aug

1992 o Include Konkani, Manipuri, Nepali as National Languages

79Jan

2000o Extend reservation for SC/STs for another 10 years (i.e. up to

2010)

86Dec

2002o Provide right to education until the age of 14o Provide early childhood care until the age of 6

90Sep

2003o Reservation in Assam Assembly relating to Bodoland

Territory Area

91Jan

2004o Restrict cabinet size to 15% of legislative members

o Strengthen anti-defection laws

93Jan

2006o Reservation for OBCs in government and private educational

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UPSC IAS :: Review Notes :: General Studies :: Indian Polity #1

Constitutional evolution under British rule

1. Regulating Act 1773o beginning of British parliamentary control over the East India Company

o subordination of the presidencies of Bombay and Madras to Bengal

o Governor of Bengal made Governal-General

o council of Governor-General established

o Supreme Court established in Calcutta

2. Pitt’s India Act 1784o commercial and political activities of the Company separated

o established a board of control over the Company

3. Charter Act 1813o trade monopoly of the Company abolished

o missionaries allowed to preach in India

4. Charter Act 1833o Governor-General of Bengal becomes Governor-General of India

o first Governor-General Lord William Bentick

o ends commercial activities of the Company

5. Charter Act 1853o legislative and executive functions of the Governor-General’s council separated

o open competition for Indian Civil Services established

6. Indian Council Act 1861o establishes legislative councils at the centre, presidencies and provinces

o Governor-General’s executive council to have Indians as non-official members

o restores legislative power to Bombay and Madras presidencies

o recognises portfolio system of governance

7. Indian Council Act 1892o introduces indirect elections

o enlarges the function of legislative councils giving the power to discuss the budget and address questions

to the executive

o enlarges the size of the legislative councils

8. Government of India Act 1898o administration taken over directly by the British crown

o office of the Governor-General replaced by the Viceroy

o first Viceroy is Lord Canning

9. Indian Council Act 1909 (Minto-Morley Reforms)o first attempt to introduce representative and popular element to government

o changed name of Central Legislative Council to Imperial Legislative Council

o increased the non-official members in the Imperial and Provincial legislative councils

o non-official members hold majority in the provincial legislative councils, but official members hold majority in

the central

o appointed Indians to the Viceroy’s Executive Council and provincial executive councils

o established separate electorate for Muslims

10. Government of India Act 1909 (Montagu-Chelmsford Reforms)o classified government subjects into central and provincial

o established dyarchy in the provinces

o provincial subjects divided into Reserved and Transferred. Reserved subjects administered by the

Governor, Transferred subjects by Indian ministers

o central legislature covered all central subjects and some provincial subjects

o all bills of the legislatures required Governor-General’s assent, while the Governor-General could enact bills

without assent from legislatures

o established the Public Service Commission

11. Government of India Act 1935o provided for the establishment of a Federation of India consisting of the Provinces and Princely

Stateso dyarchy withdrawn from the provinces and established at the Centre. Introduced ‘provincial autonomy’

o introduced direct elections

o proposed the Federal Legislature to be bicameral

o administrative subjects divided into Federal, Provincial and Concurrent

o reserved subjects at the Centre to be administered by the Governor-General

o Governor-General to be assisted by a Council of Ministers

o provided for the establishment of a Federal Court with original, appellate and advisory jurisdiction. Appeals

from the Federal Court went to the Privy Council in London

o Burma and Aden separated from India

12. Indian Independence Act 1947o sovereignty and responsibility of the British Parliament for India abolished

o Governor-General and provincial Governors become constitutional heads

o the British crown ceases to be the source of authority

The Constituent Assembly (1946 – 1950)

o first met on 09 Dec 1946

o consisted of 389 members. 292 were elected from the Provinces, 93 were nominated by the Princely States,

and 4 were nominated from the Chief Commissioners Provinces

o Dr. Sachidananda Sinha was the first President of the Constituent Assembly

o The Preamble of the Constitution was a modification of the ‘Objective Resolution’ introduced Jawarharlal

Nehru

o The Assembly appointed 22 committees

o The most important of these committees was the Drafting Committee, set up in Aug 1947

o The Drafting Committee had 7 members. B.R. Ambedkar was its Chairman

o The Drafting Committee published the Draft Constitution in Feb 1948, which was adopted on 26 Nov

1949o The Constitution came into effect on 26 Jan 1950. However, certain provisions regarding citizenship,

elections, provisional parliament and presidential election procedures came into effect earlier, on 26 Nov

1949.

o 26 Jan was chosen in significance of the informal ‘Independence Day’ observed in 1930

o The term of the Constituent Assembly ended on 24 Jan 1950. However, it re-emerged as the Provisional

Parliament on 26 Jan 1950, and remained so until the first Lok Sabha elections

o The President of the Constituent Assembly, Rajendra Prasad, became the first President of India

o Gandhi and Jinnah were not members of the Constituent Assembly

CIVIL SERVICES IN INDIA

Overview

o Running the administration of a vast and diverse country requires efficient management of natural, economic

and human resources. This is the primary responsibility of the civil services

o Civil Services in India originated in the eighteenth century under the rule of the East India Company

o Civil services in India comprise three types of services

o All India Services

o Central Civil Services – Group A

o Central Civil Services – Group B

o State Civil Services

o According to the Constitution, more Civil Services can be set up by the Rajya Sabha with a

2/3rd majority vote. This applies to All India and Central Services, while the State Services can be constituted

by similar act of state legislatures. The Indian Forest Service and the Indian Foreign Service were set up in

this fashion

Civil Services under British rule

o The civil services were first constituted under the East India Company as the Honourable East India

Company Civil Servants (HEICS)o At this stage there were two groups of civil servants: covenanted (who entered into covenants with the

Company) and theuncovenanted. The covenanted civil servants occupied higher positions in the hierarchy

while the uncovenanted occupied lower levels

o This service evolved to become the Indian Civil Service (ICS), which later became the Indian

Administrative Service (IAS) after Independence

o The Public Service Commission 1886-1887 (Aitchison Commission), was constituted to guide the

evolution of the civil service. The recommendations of the Aitchison Commission included

o Two-tier classification of covenanted/uncovenanted to be replaced by three tier classification – Imperial

Civil Service, Provincial Civil Service and Subordinate Civil Serviceo Maximum age of entry to be 23 years

o Statutory system of recruitment to be abolished

o Competitive exam should not be held simultaneously in England and India

o Certain percentage of posts in the Imperial Civil Service to be filled by promotion from Provincial

Civil Serviceso The basic pattern of the cadre system in the civil service was established by the Aitchison Commission

o In 1912, the Islington Commission was appointed, however its recommendations were not considered

o By 1934, the system had evolved to consist of seven All India Services

o The first Indian to rank first in the ICS examination was Gurusaday Dutt in 1905

All India Services

o The All India Services are those civil services that serve all of India, under both the Union Government and

the state governments

o There are three All India Services:

o Indian Administrative Service (IAS)

o Indian Police Service (IPS)

o Indian Forest Service (IFS)

o The officers of the All India Services are recruited and trained by the Union Government, but work under the

Centre as well as the states

o Officers of the All India Services are organised into cadres. 24 states have their own cadres. There are also

three joint cadres:

o Assam-Meghalaya cadre

o Manipur-Tripura cadre

o Arunchal Pradesh-Goa-Mizoram-Union Territories (AGMUT) cadre

Central Civil Services

o Central Civil Services function under the Central government

o The Central services are categorised into two groups: Group A and Group B

o There are more than 30 Central Services Group A. Prominent services in the Central Civil Services –

Group A include

o Indian Foreign Service (IFS)

o Indian Revenue Service (IRS)

o Indian Postal Service

o Indian Economic Service

o Indian Audits and Accounts Service (IA&AS)

o Military Engineering Service

o Survey of India Service

o Central Secretariat Service

o The Central Civil Service – Group B consists of three services

o Defence Secretariat Service

o Union Territories Administrative Service

o Union Territories Police Service

State Civil Services

o Each state has its own civil service

o State level civil services include

o State Civil/Administrative Service

o State Police Service

o State Forest Service

o Public Works Department

UNION PUBLIC SERVICE COMMISSION (UPSC)

o The UPSC is a constitutional body authorised to conduct exams for appointment to the civil services. It was

established under Part XIV of the Constitution

o The Constitution provides for a Public Service Commission for the Union and a Public Service Commission

for every state

o The first Public Service Commission was set up in 1926, with the aim of indigenising the civil services

o The Government of India Act 1935 provided for the establishment of a Federal Public Service

Commission and Provincial Public Service Commissions

Membership to the Commission

o The Chairman and other members of the UPSC are appointed by the President of India

o At least half the members are civil servants with at least 10 years experience in Central or state services

o The tenure of each member is six years or age 65, whichever is earlier

o Members of the UPSC can be removed by the President on charges of misbehaviour, if these charges are

upheld by the Supreme Court

Functions of the UPSC

o Recruitment to services and posts under the Union Government through conduct of competitive

examso Recruitment to services and posts under the Union Government by direct selection. This type of

recruitment is done to fill immediate/irregular job vacancies.

o Advice on the suitability of officers for appointment, promotion and transfer

o Advice the government on all matters relating to recruitment to various posts and services

o Handle disciplinary cases related to different civil services

Please note: This shall be the last article in the Indian Polity series

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PARLIAMENTARY COMMITTEES IN INDIA

Overview

o Since Parliament needs to perform substantial functions in limited time, it cannot go into the details of every

legislative and other matter that comes before it

o For this reason, Parliamentary Committees are constituted to study in detail the legislative and other

matters that come before Parliamento Committees can be appointed in both Houses of Parliament, and their roles and functions are more or less

similar

Functions of the Committees

o To consider the Demand for Grants of various Departments/Ministries and make reports to the Houses

o To examine Bills that are referred to the Committee by the Lok Sabha or the Rajya Sabha

o To study annual reports of various Ministries and Departments

o To consider policy documents presented to the Houses if/when referred to the Committee by the Lok Sabha

or Rajya Sabha

TYPES OF COMMITTEES

Ad hoc Committees

o They are appointed for a specific purpose and cease to exist when the task is finished

o They can either belong to one particular Parliament House or be a joint committee

o There are two types of Ad hoc committees

o Committees appointed either by a motion in Parliament or by the Speaker/Chairman to enquire into a

specific subject

o Select or Joint Committees on Bills. These Committees are constituted to study and report on specific Bills

o Examples of Ad hoc Committees: Committees on Draft Five Year Plans, Railway Convention Committee,

Fertilizer Pricing Committee etc

Standing Committees

o Standing Committees are Committees appointed every year or periodically, and their work goes on in

a continuous basiso The three most important Standing Committees (which deal with finance) are worth special mention

o Committee on Estimates

o Committee on Public Accounts

o Committee on Public Undertakings

o Additionally, there are 24 Departmentally Related Standing Committees that deal with affairs of a

specific Department/Ministry

IMPORTANT COMMITTEES

Departmentally Related Standing Committees

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o There are a total of 24 Departmentally Related Standing Committees (DRSC)

o The DRSCs were first introduced in 1993 in a batch of 17, and a further 7 were added in 2004

o Each of these Committees consists of no more than 45 members.

30 are to be nominated from the Lok Sabha and 15 from the Rajya Sabha

o Ministers are not eligible to be nominated to these Committees

o The term of the Committee is one year

Committee on Estimates

o Consists of 30 members elected from the Lok Sabha

o Ministers are not eligible for election to this Committee

o The term of the Committee is one year

o Primary functions include

o report what improvements in organisation, efficiency or administration can be made

o suggest policies to bring about improvements in efficiency and economy

o the Committee can select and study estimates pertaining to any Ministry or government body as it may see fit

o Committee can also examine matters of special interest that come up or are referred to it by the Speaker

Committee on Public Accounts

o Consists of 22 members: 15 elected from the Lok Sabha and 7 from the Rajya Sabha


o Term of office is one year

o Primary function is to determine if money granted by the Parliament has been spent by the

Government within the scope of the Demando The Committee bases its examinations on the Appropriation Accounts of the Government and the Audit

Reports presented by the Comptroller and Auditor General

o The Committee is not concerned with policy, but only with execution of the policy and its results

Committee on Public Undertakings

o Consists of 22 members: 15 elected from the Lok Sabha and 7 from the Rajya Sabha


o Term of office is one year

o Functions of the Committee include

o Examine reports and accounts of Public Undertakings

o Examine reports of the CAG on Public Undertakings

o Examine whether Public Undertakings are being managed with sound business principles and prudent

commercial practices

o The Committee does not examine government policy or day-to-day administration of the Undertakings

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S. No.

CommitteeHouse of Parliament/

Composition

Function(s) Notes



1Business Advisory Committee

Lok Sabha

15 (including Speaker)

Recommends the amount of time to be allotted

for business in Parliament

The Speaker is the ex-officio Chairman

Members are nominated by the Speaker

Committee generally meets at the beginning of each Session

2

Committee on Private Members’

Bills and Resolutions

Lok Sabha

15 (including Dy Speaker)

Allot time to Private Members’ Bills and Resolutions

Examine Private Members’ Bills seeking to amend

the Constitution before introducing them in Lok Sabha

Examine all Private Members’ Bills after they are introduced

but before they are taken up for consideration

Classify the Bills based on their matter, urgency into

Category A or Category B

The Deputy Speaker is the ex-officio Chairman


3 Rules CommitteeLok Sabha

(15 including Speaker)

Considers matters of procedure and conduct of business in the House

Recommends amendments to the Rules of Procedure and Conduct

of Business in Lok Sabha

The Speaker is the ex-officio Chairman


4 Committee of Privileges

Lok Sabha

15

Examines every question regarding breach of privilege of the House

or of members of any


CommitteeDetermines whether

breach of privilege was involved and makes

Recommendations

5Committee on Papers Laid

on the Table

Lok Sabha

15

Examine all papers laid on the table of the House by Ministers

Report to the House whether there has been compliance of the

ConstitutionReport whether there

has been unreasonable delay in laying the paper

Report whether both Hindi and English version have been laid


6Committee on Petitions

Lok Sabha

15

Consider and report on petitions presented to the House

Considers representation from individuals and associations


Ministers not eligible

7Committee on Subordinate Legislations

Lok Sabha

15

Scrutinizes and reports whether powers to make rules,

regulations etc are being properly exercised by the Executive



8Committee on Govt. Assurances

Lok Sabha

15

Scrutinize the assurances promises etc given by Ministers and

report on their implementation



9 Committee on Absence of Ministers

Lok Sabha

15

Considers requests from Members for leave of absence from


Makes

from Sittings of the House

sittings of the HouseExamines every case

where the member has been absent for

60 days or more without permission

recommendations whether leave

should be granted, absence granted or

seat declared vacant

10Joint Committee on Offices of Profit

Both Houses

15 – 10 from LS, 5 from RS

Examine the composition and character of Committees

appointed by Government (Central and State)

Recommend what offices should/should not disqualify a person

as a member of either House of Parliament

Committee is constituted for the duration of the

Lok Sabha

11Committee on Welfare of SC/ST

Both Houses


Considers all matters regarding the welfare of SC/STs

falling within purview of Union Government and

Union TerritoriesConsider reports

submitted by National Commission for SC/ST

Examine measures taken by Union govt. to secure due

representation of SC/ST in govt. services and posts


Term of the Committee is one year

12 Railway Convention Committee

Both Houses


Review dividend payable by Railways to General Revenues

Review other matters relating to Railways finance

This was the first Committee to be constituted after

Independence (1949)Minister of Finance

and Minister of Railways are members

Ministers of State for Finance and Railways

are alsoMembersThis is an ad

hocCommittee

13Committee on Empowerment of Women

Both Houses


Reviews and monitors measures taken by Union Govt.

to secure equality, status, dignity for women in all matters

Suggest measures for improving status of women

Review measures taken for education and representation of

women in legislative bodies and other fields

Considers reports of National Commission for Women

Sources: Government of India, Parliament of India

LAST WEEK: AG, CAG

~~~~~

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Indian Polity #10 | Study Material::General Studies | IAS HelpATTORNEY GENERAL OF INDIA

Overview

o The Attorney General is the Union Government’s chief legal advisor and is its primary lawyer in the

Supreme Courto The Attorney General is the highest law officer in the country

o The first Attorney General of independent India was M C Setalvad 1950-1963

o The current Attorney General is G E Vahanvati (2009 – present)











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Terms of service

o The Attorney General is appointed by the President under Article 76 of the Constitution

o To be appointed Attorney General, a candidate must be qualified to be appointed as a Judge of the

Supreme Court


2009, 2010, India

Powers and functions of the Attorney General

o The Attorney General gives legal advice to the Government of India

o He has the right of audience in all courts in India

o The Attorney General can participate in proceedings of the Parliament without the right to vote

o The Attorney General appears on behalf of the Government of India in all cases in the Supreme Court

o The Attorney General is to be consulted only in legal matters of greatest importance and only after the

Ministry of Law has been consulted

o All references to the AG are made by the Ministry of Law

o The Attorney General cannot appear against the Government of India

o The AG cannot defend an accused in criminal proceedings

o The AG cannot accept directorship of a company without permission of the government

o The AG does not have any executive authority

o The Attorney General is assisted by the Solicitor General and four Additional Solicitor Generals


2009, 2010, India

Solicitor General for India

o The Solicitor General assists the Attorney General

o He is the second highest law officer of the country

o The Solicitor General is assisted by four Additional Solicitors General for India

o Unlike the Attorney General, the Solicitor General does not give legal advice to the government

o The primary responsibility of the Solicitor General is to appear in courts on behalf of the Government of India

o The first Solicitor General of independent India was C K Daphtary (1950-1963)

o The current Solicitor General is Gopal Subramaniam (2009 – present)

The Advocate General

o Each state has an Advocate General, whose position is similar to that of the Attorney General of the

Centreo The Advocate General is appointed by the Governor

o A person must be qualified to be a Judge of the High Court to be appointed as Advocate General

o The Advocate General can participate in proceedings of the state legislature without the right to vote

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COMPTROLLER AND AUDITOR GENERAL OF INDIA

Overview

o The Comptroller and Auditor General of India audits all receipts and expenditures of the Union and

state governmentso The CAG is empowered to audit all revenues and expenditures of the Union and state governments, whether

incurred within India or outsideo The CAG also acts as the external auditor for government owned companies

o The CAG submits his reports to the President (in case of accounts relating to the Union Government) or to the

state Governors (for state government accounts)

o The reports of the CAG are taken into account by the Public Accounts Committee of Parliament and

state legislatureso The CAG is also the head of the Indian Audits and Accounts Service (IA&AS)

o The office of the CAG was established in 1860

o The first CAG of India was V Narahari Rao (1948-1954)

o The current CAG is Vinod Rai (2008 – present)


2009, 2010, India

Terms of service

o The Comptroller and Auditor General of India is appointed by the President

o The CAG can only be removed from office in manner similar to a Judge of the Supreme Court

o The salary and benefits of the CAG cannot be changed to his disadvantage during his tenure

o The CAG is not eligible for further office under the Union of state governments

o The expenses of the office of the CAG (including all salaries, allowances, pensions etc) is charged to

the Consolidated Fund of India


2009, 2010, India

The Indian Audits and Accounts Service (IA&AS)

o The IA&AS is a central government service that functions under the Comptroller and Auditor General

of Indiao The IA&AS is responsible for auditing the accounts of the Union and state governments and public sector

undertakings

o The IA&AS also maintains accounts of state governments

o Under the IA&AS, each state has a Principal Accountant General in charge of audit functions

o Each state also has several Accountants General in charge of accounts and entitlement functions

o Recruitment to the IA&AS is through the Civil Services Exam

o Once recruited, IA&AS officers are trained at the National Academy of Audit and Accounts, Simla

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2009, 2010, India

PREVIOUS WEEK: ELECTIONS

~~~~~

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Indian Polity #9 | Study Material::General Studies | IAS Help (+5 rating, 5 votes)

ELECTIONS IN INDIA

Overview

o India is the largest democracy in the world (in terms of electorate)

o The 2009 General Elections had an electorate of 714 million. This is larger than the electorates of the EU

and the US combined

o The first General Elections were held in 1951

o The control and conduct of all elections to the Parliament, to the state legislatures and to the offices

of the President and Vice-President fall under the purview of the Election Commission of Indiao Panchayat elections are conducted by respective State Election Commissions

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Constitutional provisions for elections

o Article 324 stipulates that the superintendence, direction and control of elections shall be vested in the

Election Commission

o Article 325 provides a single electoral roll for every constituency. Also stipulates that no person shall be

eligible or ineligible for inclusion in electoral rolls on the basis of race, religion, caste or sex

o Article 326 stipulates that elections shall be held on the basis of adult suffrage. Every person who is a citizen

of India and is not less than 18 years of age shall be eligible for inclusion


Election process

o The Election Commission announces the schedule of elections, but the election process only starts

with the notification by the President (or Governors)o Model Code of Conduct comes into force the day election dates are announced.

o No party is allowed to use government resources for campaigning. Campaigning to be stopped 48 hours prior

to polling day




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o The Collector of each district is in charge of polling

o The indelible ink used to mark fingers is produced by the Mysore Paints and Varnish Ltd.

o Currently, India does not have an absentee ballot system. To enrol as a voter, a person needs to be an

‘ordinary resident’ i.e. reside in a particular constituency for at least 6 months

o A period of eight days is allowed for filing nominations. Two days are allowed for withdrawal of candidature

o Candidates to a particular constituency can be from anywhere in the country. However, voters in the

constituency must be residents of that constituencyo A candidate may contest from two constituencies at most


Political parties

o Registration of the People Act 1951 provides for registration of political parties with the Election

Commission

o To be recognised as a National Party, a party must satisfy all the following criteria

o secure 6% of votes polled in four or more states (in General Elections of Assembly Elections)

o win at least 4 seats to the Lok Sabha

o win at least 2% of Lok Sabha seats from at least three different states (i.e. min of 11 MPs in the Lok Sabha)

o There are currently six national parties: INC, BJP, BSP, CPI (M), NCP, CPI

o To be recognised as a State Party, a party must satisfy all the following

o Secure at least 6% of votes polled in that particular state

o Wins at least 3 seats to the Legislative Assembly or at least 3% of Assembly seats, whichever is higher


Judicial Review of election disputes

o Technically, the decisions of the Election Commission can be challenged in High Courts of the Supreme

Courts

o However, by tradition, the Judiciary does not intervene in the conduct of elections once the process of

elections has begun

o After declaration of election results, the Election Commission cannot reverse the results on its own

o The results of the elections to Parliament and state legislatures can only be reviewed by filing election

petitions at the High Courtso For elections of President and Vice-President, election petitions can only be filed with the Supreme

Court


ELECTION COMMISSION OF INDIA

About the Election Commission

o The Election Commission is autonomous, quasi-judiciary constitutional body

o Its mission is to conduct free and fair elections in India

o The Election Commission was established on 25 Jan 1950 under Article 324 of the Constitution


Powers of the Election Commission

o The EC enjoys complete autonomy and is insulated from any interference from the Executive

o It also functions as a quasi-judiciary body regarding matters related to elections and electoral disputes

o Its recommendations are binding on the President of India

o However, its decisions are subject to judicial review by High Courts and the Supreme Court acting on

electoral petitions

o During the election process, the entire Central and state government machinery (including paramilitary and

police forces) is deemed to be on deputation to the Commission

o The Commission takes effective control of government personnel, movable and immovable property for

successful conduct of elections


Functions of the Election Commission

o Demarcation of constituencies

o Preparation of electoral rolls

o Supervision, direction and control of elections to Parliament, Legislatures, President/Vice-President

o Scrutiny of nomination papers

o Scrutiny of election expenses of candidates

o Establish rules for elections

o Issue notification of election dates and schedules

o Determine code of conduct

o Allot symbols and accord recognition to political parties

o Render advice to the President and Governors regarding disqualification of MPs and MLAs

o Postpone or countermand elections for specific reasons

o Resolve election disputes

o Allot schedules for broadcast and telecast of party campaigns

o Grant exemptions to persons from disqualifications imposed by judicial decisions


Composition of the Election Commission

o The Election Commission is a multimember Commission, the Chief Election Commissioner acts as the

Chairperson

o All members of the Election Commission enjoy equal vote, while the CEC additionally also enjoys

casting vote. Decisions of the EC are to be based on unanimity or majority

o The CEC is appointed by the President

o Other members of the Commission are appointed by the President in consultation with the CEC

o The CEC can be removed from office only in the manner of a Judge of the Supreme Court. Other

members can be removed by the President in consultation with the CEC

o The President may appoint Regional Election Commissioners in consultation with the CEC before

elections to the Parliament or Assemblies. Upon conclusion of elections, the REC steps down


Terms of service

o The tenure of Election Commissioners is six years or up to age of 65 years, whichever is earlier

o The CEC cannot hold any office of profit after retirement. Other ECs cannot hold any office of profit after

retirement, except as CECo The CEC cannot be reappointed to the post

o The allowances and salaries of the CEC are drawn from the Consolidated Fund of India


Chief Election Commissioners of India

S. No.

CEC Tenure Notes

1 Sukumar Sen 1950-1958First CEC

Served as CEC for Nepal and Sudan

2 K V K Sundaram 1958-1967

3 S P Sen Verma 1967-1972

4 Nagendra Singh 1972-1973

Born into Royal family of Dungarpur, Rajasthan

Padma Vibhushan 1973President of the International Court of Justice

(1985-1988)

5 T Swaminathan 1973-1977

6 S L Shakdhar 1977-1982

7 R K Trivedi 1982-1985

8 R V S Peri Shastri 1986-1990

9 V S RamadeviNov 1990 – Dec 1990

Only female CEC

10 T N Seshan 1990-1996

Introduced innovative electoral reforms

Envisioned voter ID cardRamon Magsaysay Award 1996After retirement, founded Deshbkat Trust for

social reforms

11 M S Gill 1996-2001Padma Vibhushan 2000

Currently, Minister of Youth Affairs and Sports

12 J M Lyngdoh 2001-2004 Ramon Magsaysay Award 2003

13T S Krishnamurthy

2004-2005Served as IMF advisor in Ethiopia and Georgia

As CEC, served as observer to elections in Zimbabwe and USA

14 B B Tandon 2005-2006

15 N Gopalaswami 2006-2009 Observer to US elections

16 Navin Chawla 2009-present


DELIMITATION COMMISSION

o Established under the Delimitation Commission Act to redraw the boundaries of assembly and Lok Sabha

constituencies based on recent census

o The representation of each state to the Lok Sabha is not changed. However, the number of SC and ST

states may change

o The orders of the Commission are laid down before the Lok Sabha and respective state Legislatures

o The Commission is a powerful body – its orders cannot be changed by Parliament or Legislature, nor

can they be challenged in a court of lawo The Delimitation Commission is expected to be constituted every ten years (following every census), however

in practise it has only been constituted four times since Independence: 1952, 1963, 1973, 2002

o The Delimitation Commission 2002 was headed by Justice Kuldip Singh as chairperson. The Karnataka

Assembly elections 2008 were the first elections to be conducted under newly delimited constituencies. The

General Elections 2009 also used these new constituencies.

o Breakdown of constituencies

o Largest (population): Outer Delhi (3 million)

o Smallest (population): Lakshadweep (37,000)

o Largest (area): Ladakh (173,000 sq km)

o Smallest (area): Chandni Chowk, Delhi (10 sq km)


PREVIOUS WEEK: LOCAL GOVERNMENT

~~~~~ NEXT WEEK: SG, AG, CAG

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LOCAL GOVERNMENT IN INDIA

Overview

o Local government in India falls mainly under two categories: rural self government and urban self government

o There are about 3 million elected representatives in Panchayati Raj Institutions (PRIs), about one third of

them women

o There are more than 640,000 village panchayats, about 6000 intermediate bodies and 500 district level

bodies. Panchayats cover about 99.6% of India’s rural populationo The powers and functions of PRIs vary from state to state

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Evolution of local government

o The earliest references to self government are found in the Rig Veda, which mentions ’sabhas’ at the village

level

o Over time, these bodies evolved into Panchayats (council of five persons)

o Under British rule, local governance was authorised by the Mayo Resolution of 1870 (under Lord Mayo)

o However, it was the Ripon Resolution of 1882 (under Lord Ripon) that prioritised local government and

recognised the twin objectives of administrative efficiency and political education

o The Montague-Chelmsford Reforms (1919) led to the establishment of village panchayats in the provinces

and even princely states

o Panchayat system in post-independence India developed slowly. Multiple committees were constituted to

study panchayat system

o Panchayat system was institutionalised with the passage of the 73rd Constitutional Amendment Act in 1992


Hierarchy of local government

LOCAL GOVERNMENT IN RURAL AREAS

Overview

o Local government in rural areas is enabled by the Panchayat system of governance involving Panchayati Raj

Institutions (PRIs)

o The Panchayat is a three-tier system involving governance bodies at three levels:

o Gram Panchayat at the village level

o Panchayat Samiti at the Block level

o Zilla Parishad at the District level

o The Panchayat system exists in all states except Nagaland, Meghalaya and Mizoram. It also exists in all

Union Territories except Delhi

o Panchayat system is provided for all states having a population more than 2 million

o Function of the panchayat include

o Planning and implementation of schemes for economic development and social justice relating to the 29

subjects in the Indicative List

o To levy and collect taxes, duties, tolls and fees


Committees to study Panchayat system

Committee Established Mandate Recommendations

Balwantrai Mehta

1957Community development projects Establish local bodies

http://en.wikipedia.org/wiki/File:Setup_of_India.png

Devolve power and authorityBasic unit of decentralised

government to be Block/samitiBody to be constituted for 5 years

by indirect elections from village panchayats

Functions to include agriculture, local industry

K Santhanam 1963 Panchayat finance

Panchayats to have powers to levy tax on land revenue etc

Panchayati Raj Finance Corporation to be set up

Ashok Mehta 1978Effective development of Panchayati Raj Institutions (PRI)

District to be viable administrative unit for planning

PRIs as two-tier system with Mandal Panchayat and Zilla Parishad

4 year term, participation of political parties

GVK Rao 1985 Development of PRIs

PRIs to be activated and supported

Block Development Office (BDO) to be center of rural development

LM Singhvi

1986 – same-

Local self government to be constitutionally recognised

Non-involvement of political parties


73rd Constitutional Amendment Act 1992

o The Constitution of India did not have originally have provisions for panchayat system of government

o The 73rd Constitutional Amendment Act (1992) formally established Panchayat Raj Institutions in the

countryo The Act was meant to provide democracy at the grassroots level

o The mean features of the Act include

o Establishment of Panchayats as elected bodies

o A three tier structure of panchayat institutions: village level, Block level and District level

o Not less than one third of panchayat seats to be reserved for women. Additionally, reservations also

for SC/STs

o Panchayat elections to be supervised by State Election Commissions

o District Planning Committees provided Constitutional status

o Indicative List of 29 subjects introduced in the 11th Schedule of the Constitution. Panchayats to plan

and implement works related to this List.


VILLAGE LEVEL GOVERNMENT

o The panchayat at the village level is known as Gram Panchayat, or simply as Panchayat

o The Gram Panchayat is the basic level of the Panchayat system, and hence of the system of governance in

India

o Gram Panchayats can be established in villages with a minimum population of 300. If individual villages

have small populations, they can be grouped together to form a group-gram panchayat

o The Gram Panchayat is elected by the Gram Sabha.

o Gram Panchayats are elected for a period of 5 years


The Gram Sabha

o The Gram Sabha consists of all residents of a village above the age of 18 years

o It meets twice a year

o The annual budget and development schemes for the village are placed before the Gram Sabha for

consideration and approvalo The Sarpanch and his assistants answer questions posed by the people


Constitution of Gram Panchayats

o The number of members ranges from 7 to 31

o The Sarpanch or Chairperson is the head of the Gram Panchayat

o The Sarpanch and Deputy Sarpanch are usually elected from and by the elected members of the panchayat.

Sometimes, they are elected directly by the people


Responsibilities of the Panchayat

o Attend to street lights, construction and repair works of roads etc

o Keep records of births, deaths and marriages in the village

o Attend to public health and hygiene by providing sanitation and water facilities

o Provide for education

o Implement development schemes for agriculture and animal husbandry


Sources of income

o The main source of income for panchayats is property tax

o Other sources include profession tax, taxes on pilgrimage (if applicable), animal trade etc

o Also, the panchayats receive grants from the state government as well as Zilla Parishads


BLOCK LEVEL GOVERNMENT

o The panchayat at the intermediate level is known as Panchayat Samiti

o It works at the Tehsil or Taluka level, also known as Development Block

o The Panchayat Samiti acts as the link between the gram panchayat and the district administration

o The Panchayat Samiti is also known as Mandal Parishad, Taluka Panchayat, Mandal Panchayat

o The main source of income of the Samiti are grants and loans from the state government


Constitution of Panchayat Samiti

o The Panchayat Samiti is composed four types of members

o Ex-officio members: all sarpanchas of the Development Block, the MPs and MLAs of the area and Sub-

Divisional Officer (SDO)

o Coopted members: representatives of SC/STs and women

o Associate members: one farmer, one representative of cooperative societies and one representative of

marketing services

o Elected members

o The samiti is elected for a period of 5 years

o There is a Chairman and a Deputy Chairman

o There is an officer in charge for every department of the Samiti including administration, finance, public works,

agriculture etc


Functions of the Panchayat Samiti

o Implement schemes for agriculture development

o Establishment of primary health centres and primary schools

o Supply of drinking water, sanitation, construction/repair of roads

o Development of cottage and small scale industries

o Establishment of cooperative societies

o Establishment of youth organizations


DISTRICT LEVEL GOVERNMENT

o The Zilla Parishad is the local government body at the district level. It is also known as the District

Councilo The Parishad is responsible for administration of the rural areas of the district

o It is located in the district headquarters


Constitution of the Zilla Parishad

o The members of the Zilla Parishad are Chairmen of the Panchayat Samitis falling under the area

o They serve for a period of 5 years

o Zilla Parishads have min 50 and max 75 members

o Seats are reserved for SC/STs, backward classes and women

o The Zilla Parishad is headed by a CEO (who is an IAS officer)


Sources of income

o Taxes on water, pilgrimage, markets etc

o Money from the state government for works and schemes assigned to the Parishad

o Fixed grant from the state government in proportion to the land revenue


Functions of the Zilla Parishad

o Planning and execution of development projects for the district

o Provide essential services and facilities to the rural population

o Agriculture projects such as supply of seeds, irrigation, new techniques of farming etc

o Education projects such as setting up and running of schools, adult literacy, running libraries

o Establish primary health centres, hospitals, mobile health centres

o Carry out vaccination drives and family welfare campaigns

o Construct/repair bridges and roads

o Development plans for SC/STs, hostels for SC students, ashramashalas for adivasis

o Encourage entrepreneurship in small scale industries such as handicrafts, dairy farms etc


LOCAL GOVERNMENT IN URBAN AREAS

Overview

o There are more than 3000 Urban Local Bodies (ULBs) in India

o Based on the 74th Constitution Amendment Act, there are three types of ULBs

o Municipal Corporation (nagar nigam)

o Municipality (nagar palika)

o City Council (nagar panchayat)

o According to the Act, there needs to be a City Council for areas in transition from rural to urban, a Municipality

for small urban areas and a Municipal Corporation for large urban areas

o The functions and powers of ULBs vary from state to state

o Municipal governance in India was first introduced in Madras in 1688. The Madras Municipal Corporation

was the first municipal body in the Commonwealth outside the UK. The Bombay and Calcutta Corporations

were established in 1726


MUNICIPAL CORPORATION

o Municipal Corporations are established in cities with population greater than 1 million

o Municipal Corporations function under the provisions of the Corporation Act 1835

o The Corporations are elected directly by the people. Elected members serve a term of 5 years

o Municipal Corporations provide necessary community services such as health care, educational centres etc

o Municipal Corporations interact directly with the state governments

o The head of the Corporation is the Mayor. The principal executive officer is the Municipal

Commissioner (an IAS officer)


Sources of income

o Taxes on property, water, markets, entertainment

o Taxes on vehicles

o Grants from the state government


Functions of Municipal Corporations

o Water supply

o Hospitals

o Urban planning

o Roads

o Street lighting

o Sanitation

o Waste disposal

o Fire services

o Records of births and deaths


MUNICIPALITY

o A municipality administers an urban area of population 200,000 or less

o Municipalities interact with the state government through the Directorate of Municipalities or the

District Collectoro Members of Municipalities are elected for a period of five years

o The head of the Municipality is the President, elected by and from the members

o The state government also appoints a Chief Officer and other officers such as Health Inspector, Sanitation

Inspector etc to assist the President

o Their sources of income and functions are pretty much the same as that of Municipal Corporations


CITY COUNCIL

o City Council administer urban areas having population greater than 30,000 and less than 100,000

o However, as an exception, all previous Town Area Committees (more than 5000 less than 20,000) have been

reclassified as City Councils

o City Councils have a Chairman and ward members

o Ward members included elected members (min 10) and nominated members (min 3)


PREVIOUS WEEK: THE STATE EXECUTIVE

~~~~~

NEXT WEEK: ELECTIONS IN INDIA


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THE STATE EXECUTIVE

THE GOVERNOR OF A STATE

Overview

o Governors and Lieutenant-Governors of states and Union Territories have powers at the state level similar to

that of the President at the Union level

o Governors preside over states while Lieutenant-Governors preside over Union Territories and NCT Delhi

o The office of the Lieutenant-Governor exists only in the Union Territories of Andaman & Nicobar

Islands, Pondicherry and NCT Delhi. Other Union Territories have an Administrator, who is usually an IAS

officer.

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Conditions of service

o Governors and Lieutenant-Governors are appointed by the President for a period of 5 years

o The Governor or Lieutenant-Governor can be dismissed by the President on the recommendation of the

Prime Minister

o Unlike the President, Governors and Lieutenant-Governors can not be impeached


POWERS OF THE GOVERNOR

o Executive powers

o All executive powers of the state government are vested in the Governor

o The Governor appoints the Chief Minister and the Council of Ministers

o He allocates portfolios to the Ministers based on the advice of the Chief Minister

o The Governor appoints the judges of the District Courts

o The President consults the Governor in the appointment of the judges of the High Court

o The Governor appoints the Advocate General and members of the state Public Service

Commissiono Legislative powers

o The Governor summons sessions of both Houses of the state legislature and prorogues them

o The Governor can dissolve the state Legislative Assembly (Vidhan Sabha) on the advice of

the Chief Minister

o Bills passed by the legislature can become law only on the assent of the Governor

o The Governor can return non-Money Bills to the legislature for

reconsideration. However, if the legislature sends it back without modification, the

Governor must give his assent

o The Governor can reserve certain Bills for consideration by the President


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o The Governor can promulgate Ordinances. These ordinances must be approved by the

legislature at its next session. Ordinances remain valid for no more than 6 weeks from

the date of convening of the legislature

o Financial powers

o The Governor causes to be laid before the legislature the annual state Budget

o Money Bills can be introduced in the legislature only on the prior recommendation of the

Governor

o The Governor can make advanced from the Contingency Fund of the State to meet

unforeseen expenditureo The Governor constitutes the state Finance Commission

o Discretionary powers

o When no political party gets a majority in the Legislative Assembly, the Governor can appoint

the leader of the largest party or the largest coalition as the Chief Minister

o The Governor can recommend to the President imposition of President’s rule in the state


THE STATE LEGISLATURE

Overview

o State legislatures in India can be unicameral or bicameral

o The lower House is called the Legislative Assembly, and the upper House (if it exists) is called the Legislative

Council

o Currently, only six states in India have Legislative Councils: Bihar, Jammu & Kashmir, Uttar Pradesh,

Maharashtra, Karnataka and Andhra Pradesh

o The provision for instituting and removing Legislative Councils is enshrined in Article 169 of the Constitution


The Legislative Assembly

o Legislative Assemblies consist of 60 to 500 members

o Members of the Legislative Assembly are directly elected

o The Governor can appoint a certain number of Anglo-Indians to the Assembly as he deems fit


The Legislative Council

o The Legislative Council consists of not more than 1/3rd the strength of the Legislative Assembly and not less

than 40

o Members of the Council are indirectly elected as well as nominated (by the Governor)

o The composition of the Council is as follows

o Members elected by electorates consisting of members of local bodies

o Members elected by MLAs from among people who are not MLAs

o Members elected by electorates consisting of persons who are graduates of 3 years standing and who are

residents of the state

o Members elected by electorates consisting of persons engaged for 3 years in teaching (not lower than

secondary school)

o Members nominated by the Governor from among persons having expertise in science, arts, social service

etc



o The minimum age for membership to the state legislature is 25 for the Legislative Assembly and 30 for the

Legislative Council

o To become a member from a particular constituency, a person must be a voter from that constituency

o The term of the Legislative Assembly is five years.

o It may be extended by the Governor during an Emergency, but not for more than six months at a time

o The Legislative Council, like the Rajya Sabha, is a permanent House and cannot be dissolved

o The term of members of the Council is 6 years, with 1/3rd retiring every two years


Presiding officers

o The Legislative Assembly has a Speaker and a deputy Speaker

o They are elected from among the membership of the Assembly

o The Legislative Council has a Chairman and a deputy Chairman (who are also elected from among members)

o Presiding Officers of both Houses have the right to cast their vote in case of a tie


Functions of the state Legislature

o The Legislature has the power to legislate on all subjects in the State List and the Concurrent List

o Money Bills can originate in the Legislative Assembly only

o The Council has 14 days to recommend changes to the Money Bill

o Elected members of the Legislative Assembly are involved in the process of election of the President

of Indiao Each state legislature has one electoral power in electing the President

o Amendments to the Constitution of India can be executed with approval of half the state legislatures in the

country


PREVIOUS WEEK: THE SUPREME COURT

~~~~~

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SUPREME COURT OF INDIA

Overview

o The Supreme Court of India is decreed by Part V, Chapter IV of the Constitution

o It was established on 28 Jan 1950

o According to the Constitution, the role of the Supreme Court is that of a federal court, guardian of the

Constitution and the highest court of appeal

o The Supreme Court has original, appellate and advisory jurisdiction

About the Supreme Court building

o The first home of the Supreme Court was the Chamber of Princes of the Parliament building, which had been

the seat of the Federal Court of India

o The Court moved to the present premises in 1958

o The present premises was designed by Ganesh Bhikaji Deolalikar

COMPOSITION OF THE SUPREME COURT

Judges of the Supreme Court

o The Supreme Court consists of 31 judges – one Chief Justice and 30 other Justices

o The Constitution originally provided for 7 judges in the Court. However, due to increased workloads, this

number has been gradually increased, reaching 31 in 2008

o Judges in the Supreme Court sit together in Benches to hear cases

o A small Bench, with two to three Justices, is called a Division Bench

o A large Bench, with five or more Justices, is called a Constitutional Bench

o A Division Bench may refer a case up to a Constitutional Bench if desired

o The first woman judge of the Supreme Court was Justice Fatima Beevi in 1987. However, there has

been no female Chief Justice

Terms of service

o Judges of the Supreme Court are appointed by the President

o Judges of the Supreme Court retire at the age of 65

o Must be a citizen of India

o Must have been one of the following

o A judge of a High Court for at least 5 years

o An advocate of a High Court for at least 10 years

o A distinguished jurist, in the opinion of the President

Ad hoc Judges

o Ad hoc Judges are non-Supreme Court judges who sit in the Supreme Court when there is insufficient

quorum to perform the judicial duties

o Ad hoc Judges are appointed by the Chief Justice after obtaining consent from the President

o Serving and retired judges of the Supreme Court (and High Courts) can sit and act as ad hoc Judges

of the Supreme Courto Only such persons can be appointed as ad hoc Judges who are qualified to be appointed as a regular Judge

of the Supreme Court

The office of the Chief Justice

o The senior most judge of the Supreme Court is appointed as the Chief Justice

o The Chief Justice remains in office for 5 years or until retirement, whichever is earlier

o The Chief Justice is responsible for allocation of work to other judges

o Other judges may refer cases to him if a bench of higher strength is required

o The Chief Justice administers the oath of office to the President

o In the absence of the President and the Vice-President, the Chief Justice sits as the Acting President

of Indiao The Chief Justice is the ex-officio Chancellor to most autonomous law schools in India

Noteworthy Chief Justices

o The current Chief Justice (K G Balakrishnan) is the 37th Chief Justice of India. He is from Kerala

o The first Chief Justice of India was H J Kania (1950 – 1951). Before appointment to the Supreme Court, he

served as the Chief Justice of the Federal Court of India (1947 – 1950). He was from Bombay

o The shortest tenure was for K N Singh (Nov 1991 – Dec 1991, UP)

o The longest tenure was for Y V Chandrachud (1978 – 1985, Bombay)

INDEPENDENCE OF JUDGES

o The salaries and allowances of Judges are charged to the Consolidated Fund of India and are not

subject to a vote of Parliamento The salaries and other service conditions of Judges cannot be changed to their disadvantage during their

tenure

o Judges can be removed only by a resolution of both Houses of Parliament passed with a two-third

majority

o Judges can be removed only on grounds of proven misbehaviour or incapacity

o Judges are barred from practicing in any court after retirement

o The decisions and actions of Judges cannot be criticized. Disrespect to Court authority can invite Contempt of

Court proceedings

o The conduct of Judges cannot be discussed in Parliament or state legislatures

o The appointment of Judges does not depend on the discretion of the President. Judges are appointed by the

President in consultation with other Judges of the Supreme Court, while the Chief Justice is appointed based

on seniority

o The Court enjoys complete freedom with respect to appointment of officers of the Court

JURISDICTION OF THE SUPREME COURT

1. Original Jurisdiction

1. Original Jurisdiction means that certain types of cases can originate with the Supreme Court only

2. The Supreme Court has original jurisdiction in

1. Disputes between the Centre and one or more states

2. Disputes between the Centre and any state(s) on one side and one or more states on the other side

3. Disputes between two or more states

4. Disputes regarding the enforcement of Fundamental Rights

2. Appellate Jurisdiction

1. Appellate Jurisdiction means that appeals against judgements of lower courts can be referred to it

2. The Supreme Court is the highest court of appeal in the country

3. Three types of cases fall with appellate jurisdiction:

1. Constitutional cases: an appeal against a High Court judgement can be made to the Supreme Court if

the High Court determines that the case involves questions on the interpretation of the Constitution

2. Civil cases: an appeal can be made in civil cases if the High Court certifies

1. that the case involves a substantial question of law of general importance, and

2. that the said question needs to be decided by the Supreme Court

3. Criminal cases: an appeal can be made in criminal cases if the High Court

1. has reversed an acquittal and sentenced a person to death, or

2. has taken up a case from a subordinate court and sentenced an accused to death

3. interestingly, if the High Court reverses a conviction and orders acquittal, no appeal to the Supreme

Court can be made

3. Advisory Jurisdiction

1. Advisory Jurisdiction refers to the process where the President seeks the Court’s advice on legal matters

2. If the President asks for advice from the Supreme Court, the Court is duty-bound to give it. However, it not

binding on the President to accept the advice

POWERS AND FUNCTIONS OF THE SUPREME COURT

1. Court of Record

1. The Supreme Court is a court of record

2. What this means is that its records are admitted to be of evidentiary value and cannot be questioned

in any court

3. As a court of record, it also enjoys the power to punish for contempt of court

2. Judicial Review

1. Judicial Review means that the Court can ensure that laws passed by the legislature and orders

issued by the executive do not contravene the Constitution

2. If these laws or orders go against the Constitution, the Court can declare them unconstitutional and hence

invalid

3. The Court also protects the Fundamental Rights of citizens through various types of writs

3. Other powers

1. The Supreme Court appoints its officers and servants in consultation with the UPSC and determines their

conditions of service, in consultation with the President

2. It can make rules regarding the practice and procedure of the court with the approval of the President

3. It can appoint arbitrators to decide cases relating to costs incurred by state governments in carrying out

directions of the Union government

4. It adjudicates disputes relating to the election of the President and Vice-President

5. It can recommend the removal of the Chairman and members of the UPSC to the President

HIGH COURTS IN INDIA

Overview

o There are 21 High Courts in India

o The Calcutta High Court, established in 1862, is the oldest High Court in India. The Bombay and Madras

High Courts were also established in the same year

o The newest High Courts are the Chattisgarh (Bilaspur), Uttaranchal (Nainital) and Jharkhand (Ranchi) High

Courts, all established in the year 2000

o The Bombay, Madras and Calcutta High Courts are the three Chartered High Courts in India

o The Madras Law Journal, published from the Madras High Court, was the first journal in India

dedicated to reporting judgements of a Court (1891)

Jurisdiction of High Courts

o Each High Court has jurisdiction over a particular state(s) and/or Union Territory(ies)

o High Courts have original and appellate jurisdiction. High Courts also have jurisdiction over writs

o States are divided into judicial districts, presided over by a District Judge or a Sessions Judge, who is the

highest judicial authority below the High Court

o The presiding judge is called District Judge when he presides over a civil case, and called a Sessions

Judge when presiding over a criminal caseo The High Court is a court of record

o Cases relating to admiralty, marriage and contempt of court are referred directly to the High Court

Judges and Benches

o The Judges of a High Court are appointed by the President in consultation with the Chief Justice of India and

the Governor of the state

o The number of Judges in a High Court is decided based on the number of cases instituted and disposed

o High Courts that handle a large number of cases from a particular region, may establish a permanent

Bench there. Benches are present in states that come under the jurisdiction of Courts outside its territory

o Circuit Benches are temporary courts that hold proceedings for a few months every year

Important High Courts and their Jurisdictions

High Court Location Bench Jurisdiction

Allahabad High Court

Allahabad Lucknow Uttar Pradesh

Bombay High Court

BombayNagpur, Panaji, Aurangabad

Maharashtra, Goa, Daman & Diu, Dadra & Nagar Haveli

Calcutta High Court

Calcutta Port Blair (Circuit Bench) West Bengal, Andaman & Nicobar

Delhi High Court New Delhi NCT Delhi

Guwahati High Court

GuwahatiKohina, Aizwal, Imphal

Circuit Benches at Agartala and Shillong

Assam, Arunachal Pradesh, Manipur, Meghalaya, Nagaland, Tripura, Mizoram

Jammu & Kashmir High Court

Srinagar (summer)

Jammu (winter)

Jammu & Kashmir

Karnataka High Court

BangaloreCircuit Benches at Hubli-Dharwad and Gulbarga

Kerala High Court Cochin Kerala, Lakshadweep

Madhya Pradesh High Court

Jabalpur Gwalior, Indore Madhya Pradesh

Madras High Court

Madras Madurai Tamil Nadu, Pondicherry

Punjab and Haryana High Court

Chandigarh Punjab, Haryana, Chandigarh

Rajasthan High Court

Jodhpur Jaipur Rajasthan

Sikkim High Court Gangtok Sikkim

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Indian Polity #5 | Study Material :: General Studies | IAS HelpTHE PARLIAMENT OF INDIA

Overview

o The Parliament consists of the Rajya Sabha (Council of States), the Lok Sabha (House of the People) and the

office of the President

o Any Bill can become an Act only after being passed by both Houses of Parliament

o The Parliament House was designed by British architects Sir Edwin Lutyens and Sir Herbert Baker in

1912-1913. It was opened in 1927 to house the Council of States, the Central Legislative Assembly and the

Chamber of Princes

o The minimum age for membership to the Rajya Sabha is 30 years, while for the Lok Sabha it is 25

yearso It shares legislative powers with the Lok Sabha, except in the case of supply Bills (like Money Bills) where the

Lok Sabha has overriding powers

o In the case of conflicting legislation, a joint sitting of the two Houses is held. However, since the Lok Sabha

has more than twice as many members as the Rajya Sabha, it holds de facto veto power in such legislations

o The Parliament has its own TV broadcasting stations launched in 2004: Doordarshan Rajya Sabha and

Doordarshan Lok Sabha (now known as Lok Sabha TV)

o When the Constitution of India came into effect on 26 Jan 1950, the Constituent Assembly became the

Provisional Parliament of India. It remained so until the first elections in 1951

o The business of Parliament is transacted in either Hindi or English. However, the Presiding Officers of

the two Houses may permit any member to address the House in his mother tongue

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THE RAJYA SABHA (COUNCIL OF STATES)

About the Rajya Sabha

o The Rajya Sabha is the Upper House of Parliament

o The Vice-President is the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman of the Rajya

Sabha is elected from among members. He officiates in the absence of the Chairman

o The first sitting of the Rajya Sabha was held in May 1952


Membership to the Rajya Sabha

o The maximum permissible strength of the Rajya Sabha is 250. Of these 238 members are elected

indirectly from the states and Union Territories, and 12 are nominated by the President for their expertise in

art, literature, science and social services



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o Currently, the strength of the Rajya Sabha is 245. Of these 233 are members elected from states and UTs

and 12 are nominated members

o Members from state assemblies

are elected using the Single Transferable Vote system

o The provision for nominated members is found in Article 80 of the Constitution


Tenure of the Rajya Sabha

o The Rajya Sabha is a continuous body and is not subject to dissolution

o Members enjoy a tenure of six years

o One-third of the members retire every two years


Functions of the Rajya Sabha

o Acts as a non-partisan forum for full and free debates

o Can originate any Bill, including constitutional amendment Bills, except Money Bills

o Re-evaluates Bills originating in the Lok Sabha in a non-political manner

o Relieves the work of the Lok Sabha in considering Private Bills (Bills that apply to specific individuals or

organizations)

o Along with the Lok Sabha, votes on the election of President and Vice-President

o Along with the Lok Sabha, votes on the removal of judges of the Supreme Court and High Courts

o Along with the Lok Sabha, votes for the continued proclamation of Emergency beyond a period of two months

o Acts as the sole de facto and de jure Parliament if the Lok Sabha is dissolved during an Emergency


THE LOK SABHA (HOUSE OF THE PEOPLE)

About the Lok Sabha

o The Lok Sabha is the lower House of Parliament

o The current Lok Sabha is the 15th Lok Sabha to be constituted

o The first hour of every sitting of the Lok Sabha is called Question Hour, during which questions posed

by members may be assigned to specific ministries

o Three sessions of the Lok Sabha are held every year:

o Budget session: February to May

o Monsoon session: July to September

o Winter session: November to December


Membership to the Lok Sabha

o The maximum permissible

strength of the Lok Sabha is 552. Of these, 530 are to be chosen by direct election, 20 are to be

representatives of Union Territories, and 2 to be nominated Anglo-Indians

o Currently, the strength of the Lok Sabha is 545. Of these, 530 are chosen by direct election, 13 are from

Union Territories, and 2 are nominated Anglo-Indians


Tenure of the Lok Sabha

o The Lok Sabha has a tenure of five years, unless dissolved earlier

o The tenure may be extended by a proclamation of Emergency. The Emergency may extend the term of

the Lok Sabha in one year increments


Functions of the Lok Sabha

o The Lok Sabha controls the functioning of the Executive, by making the Council of Ministers

answerable to ito The sanctioning of expenditure is the exclusive priviledge of the Lok Sabha

o Can originate any Bill, including Money Bills

o Along with the Rajya Sabha, votes on the election of President and Vice-President

o Along with the Rajya Sabha, votes on the removal of judges of the Supreme Court and High Courts

o Along with the Rajya Sabha, votes for the continued proclamation of Emergency beyond a period of two

months


SPEAKER OF THE LOK SABHA

Terms of service

o As soon as a new Lok Sabha is constituted, the President appoints a Speaker Pro-Term, who is generally the

senior-most member of the House. This office is dissolved when the Speaker is elected

o The Speaker is elected on the first meeting of the Lok Sabha after a General Election

o He is elected for a term of 5 years

o The Speaker does not vacate office on the dissolution of the Lok Sabha. Instead, he continues in office

until the next House meets

o The Speaker vacates his office and ceases to be a member of the House when he resigns or is removed

o He may be removed by a majority resolution in the Lok Sabha

o The Constitution also provides for a

Deputy Speaker, to be elected from among the Lok Sabha. He officiates in the absence of the Speaker


Functions of the Speaker

o The Speaker is the presiding officer of the Lok Sabha. He is expected to be impartial

o He maintains decorum and conducts the business of the House

o He decides whether a Bill is a Money Bill or not

o He permits the moving of various motions and resolutions such as motion of no confidence, motion of

adjournment etc

o He decides the agenda for discussion during the meeting of the House

o The Speaker can cast a vote only in the case of a tie


Important Speakers of the Lok Sabha

o GV Mavlankar was the first Speaker of the Lok Sabha (1952 – 1956)

o MA Ayyangar was the first Deputy Speaker (1952 – 1956)

o Dr. Balram Jhakar was the longest serving Speaker (1980 – 1989)


FUNCTIONS OF PARLIAMENT

o The Parliament legislates on subjects in the Union and Concurrent Lists. It can also legislate on

subjects in the State List ifo The Rajya Sabha passes a resolution saying it is in the national interest to do so and/or

o The legislatures of two or more states recommend to Parliament to so legislate

o The power to legislate on residuary subjects also vests with the Parliament

o The Parliament (via the Lok Sabha) exercises control over Union finances

o The Parliament (via the Lok Sabha) exercises control over the functioning of the Executive

o The Parliament is responsible for legislating on amendments to the Constitution

o The Parliament elects the Vice-President and can initiate impeachment proceedings against the President

o It recommends the creation of All India Services, the removal of judges of the Supreme Court and High

Courts

o Parliamentary approval is essential for the continuance of a proclamation of Emergency made by the

President

LEGISLATIVE PROCEDURES IN PARLIAMENT

1. Ordinary Bills: Ordinary Bills can originate in either House of Parliament and have to pass through the

following stages before being sent for assent by the President

1. First Reading: a brief description of the Bill is read, and its aims and objectives announced. Opponents

can also make a brief speech. After a vote, the Bill is published in the Gazette

2. Second Reading: the general principles of the Bill are discussed, and the Bill is sent to the appropriate

committee for its reference. No amendments are possible at this stage

3. Committee Stage: the appropriate committee reviews the Bill and suggests amendments

4. Report Stage: the committee submits its report to the House, where it is thoroughly

discussed. Amendments may be proposed. Voting is held on a clause-by-clause basis

5. Third Reading: general discussion of the Bill followed by formal voting for its acceptance or

rejection. No amendments possible at this stage. After the Bill has been accepted, it is sent to the other

House for a repeat procedure, and thereupon to the President for assent.

2. Money Bills: Money Bills can originate only in the Lok Sabha on the recommendation of the President.

Since they deal with public finances, their passage is crucial to the functioning of government

1. After a Money Bill has been passed by the Lok Sabha, it is sent to the Rajya Sabha for deliberations

2. The Rajya Sabha is given 14 days to make recommendations

3. If the Rajya Sabha fails to make recommendations within this period, the Bill is considered to have passed

both Houses and is sent to the President for assent

4. If the Rajya Sabha does make its recommendations, the Lok Sabha may or may not decide to accept those

recommendations

5. Regardless, the Bill is considered to have passed both Houses and is sent to the President

TYPES OF MONEY BILLS

1. Annual Financial Statement:

At the beginning of every financial year, the President causes to be laid before both Houses, a statement of

estimated receipt and expenditure for the ensuing year. Expenditure is of two types:

1. Expenditure charged on the Consolidated Fund of India, which is not subject to vote of Parliament,

although it can be discussed by both Houses

2. Expenditure charged outside the Consolidated Fund, which are submitted to the Lok Sabha in the form

of grants, which may or may not approve them

2. Appropriation Bill:

after the grants are approved by the Lok Sabha, an Appropriation Bill is introduced.

1. Appropriations out of the Consolidated Fund of India can be made only after passage of the

Appropriation Bill.

2. This Bill is never opposed in the Lok Sabha.

3. Since the grants have already been approved, the discussion is limited to administrative policy etc

4. No amendments are possible at this stage

IMPORTANT PARLIAMENTARY PROCEEDINGS

o Point of Order

o A member may raise a Point of Order if proceedings do not follow normal rules

o The Presiding Officer decides whether the Order may be allowed or not

o Vote on Account

o This procedure covers government expenditure between the presentation and the passage of the Budget

o The Vote on Account allows the Lok Sabha to make a grant in advance for a part of the financial year

o It is usually passed by the Lok Sabha without discussion

o It is passed after the general discussion on the Budget is over and before the demand for grants in

taken upo Guillotine

o Certain demands for grants of various Ministries are taken up by the Lok Sabha without discussion. This is

called guillotine

o Usually done due to lack of time

o To avoid this, Parliament in 1993 established 17 Parliamentary Committees to study these demand for

grants

o The Committees scrutinize the demand for grants and report to the House

o The reports are not binding on the House

o Quorum

o It is the minimum number of members required to transact the business of the House

o Article 100 of the Constitution specifies that the Quorum of either House shall be 10% of the

strength of the Houseo Question Hour

o The first hour of every sitting of Parliament is called Question Hour

o Questions usually need a 10 day notice before being answered by the concerned Minister

o Questions addressed to the Ministers are of three types:

o Starred questions: to be answered orally on the floor of the House

o Unstarred questions: are answered in writing. No supplementary questions may be asked

o Short notice questions: questions on urgent public importance, do not need 10 day notice

o Zero Hour

o Does not formally exist in the Parliamentary procedure

o The hour after Question Hour is popularly known as Zero Hour

o Members raise matters which they feel is urgent

o However, since the questions are raised without prior notice, it results in loss of time

TYPES OF MOTIONS

1. Adjournment Motion:

1. Motion to adjourn the proceedings of the House, so as to take up a matter of urgent public importance

2. Can be moved by any member

3. Requires support from at least 50 members

4. Notice for the motion must be given before the commencement of the sitting for the day

2. Calling Attention Motion

1. A member may call the attention of a Minister to an urgent matter and the Minister may make a statement

regarding it

3. Priviledge Motion

1. Motion moved by a member if he feels a Minister has committed a breach of priviledge

2. Also moved against members for withholding or distorting facts

4. Censure Motion

1. A motion that censures the government for a specific charge

2. Can be moved against a Minister or against the Council of Ministers

3. Censure Motion is different from No Confidence Motion in that the former requires to cite a specific charge

against the government whereas the latter does not

4. If the Motion is passed in the Lok Sabha, the government is expected to resign

5. No Confidence Motion

1. A No Confidence Motion indicates lack of confidence of the Lok Sabha in the Council of Ministers

2. Can be introduced in the Lok Sabha only

3. If the Motion is passed, the government must resign

6. Cut Motion

1. A device through which members draw the attention of Government to a specific grievance

2. It is used to seek reduction in the amount of a demand for grants presented by Government

3. Approved by the Speaker at his discretion

4. There are three types of Cut Motions

1. Policy Cut: implies the mover disapproves of the policy underlying the demand. Asks for a reduction of

Re. 1

2. Economy Cut: seeks a specific amount of reduction

3. Token Cut: used to ventilate a particular grievance against the government. The reduction amount is Rs

100

TERMINATION OF A SESSION OF PARLIAMENT

The sessions of Parliament are convened at the discretion of the President. However, there should not be a

gap of more than 6 months between sessions.

1. Prorogation

1. Done by President on the advice of the Council of Ministers

2. Brings the session of the House to an end

3. Unlike England, Pending Bills and other business do not lapse, they are taken up when the House

meets in the next session

2. Adjournment

1. Short recess within a session of Parliament

2. Called by the Presiding Officer of the House

3. Duration may be from a few minutes to a few days

3. Adjournment Sine Die

1. House is adjourned by the Presiding Officer without fixing a date for the next meeting

4. Dissolution

1. Dissolution ends the life of a House and a new House needs to be reconstituted

2. Only the Lok Sabha can be dissolved, the Rajya Sabha is permanent

3. Dissolution enacted by the President on the advice of the Prime Minister

4. Any Bill pending in the Lok Sabha lapses

5. Any Bill pending passed by the Lok Sabha and pending the Rajya Sabha also lapses, unless the

President calls a Joint Sitting of the two Houses. However, Bills pending in the Rajya Sabha but not

passed by the Lok Sabha do not lapse


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COUNCIL OF MINISTERS


o It is composed of all Union Ministers – the Prime Minister, Cabinet Ministers, Ministers of State and Deputy

Ministers

o The council is appointed by the President on the advice of the Prime Minister

o A Minister must be a member of either House of Parliament, or be elected within 6 months of assuming office

Collective Responsibility

o The Council of Ministers is collectively responsible to the Lok Sabha

o A vote of no confidence even against a single Minister means the entire Council must resign

o Each Minister is also responsible for his department and can be removed from office by the President on the

advice of the Prime Minister

Functions of the Council of Ministers

o Formulates policies of the country on the basis of which administration is carried out

o Introduces all important Bills in Parliament and oversees their passage

o Presents the Budget to the Parliament

o Determines foreign policy

o Approves international agreements and treaties

o Render advice to the President regarding proclamation of war or emergency

CATEGORIES OF MINISTERS

o Cabinet Minister

o Senior minister in charge of a particular Ministry

o May hold additional charges of other Ministries (if no other Cabinet Minister is appointed)

o Cabinet Ministers must belong to either House of Parliament

o Currently there are 33 Cabinet Ministers

o Minister of State (Independent Charge)

o In charge of a particular portfolio

o Is not under the oversight of a Cabinet Minister

o Currently there are 7 MoS with independent charge

o Minister of State

o A minister with a specific responsibility in a particular Ministry

o Reports to the concerned Cabinet Minister

o Currently there are 38 MoS

THE PRIME MINISTER OF INDIA

Overview

o The Prime Minister is the head of government and the head of the Council of Ministers

o The PM is responsible for the discharge of functions and powers of the President

o The PM must be a member of either House of Parliament, or be elected within 6 months of taking office

ELECTION TO OFFICE

Appointment

o The Prime Minister is appointed by the President on the basis of his being the leader of the majority party in

the Lok Sabha

o If no party gets an absolute majority in the Lok Sabha or a PM resigns or dies, the President can use

his own discretion in the choice of a Prime Ministero If the person the President so appoints is not a member of the Lok Sabha, he must get himself elected within

a period of 6 months


o The Prime Minister serves in office for 5 years

o He can be re-appointed

o When the Lok Sabha is dissolved, he can continue in office upon the request of the President

o If the government is defeated in the Lok Sabha, the Prime Minister and entire cabinet must resign

o However, if defeated in the Rajya Sabha, resignation is not obligatory

FUNCTIONS OF THE PRIME MINISTER

1. Legislative functions

1. He is the leader of the majority in the Lok Sabha

2. The President convenes and prorogues sessions of Parliament in consultation with the PM

3. Can recommend dissolution of the Lok Sabha to the President

4. All members of the Cabinet are appointed by the President on the recommendation of the PM

2. Administrative functions

1. Acts as the chief channel of communication between the President and the Council of Ministers

2. Allocates portfolios among various ministers and shuffles them

3. Presides over meetings of the Council of Ministers

4. Supervises the working of other Ministers

3. Executive functions

1. Represents the country internationally

2. Acts as the ex-officio Chairman of the Planning Commission

3. Has exclusive jurisdiction over the disposal of the PM’s National Relief Fund and the PM’s National

Defence Fund

4. Advisory functions

1. Assists the President in the appointment of all high officials

2. Recommends to the President proclamation of emergency

3. Advices the President on the imposition of President’s Rule

LIST OF PRIME MINISTERS OF INDIA

No. Prime Minister Date Notes

1 Jawaharlal Nehru 1947 – 1964

First Prime MinisterFirst to die in office

Longest tenure

2 Guzari Lal Nanda

May 1964 – Jun 1964 First and only “acting” PM

3 Lal Bahadur Shastri

Jun 1964 – Jan 1966

First PM to die abroad during official tour

4 Guzari Lal Nanda

Jan 1966 – Jan 1966

5 Indira Gandhi Jan 1966 – Mar 1967

First woman PMFirst PM to lose an election

6 Moraji Desai Mar 1977 – Jul 1979

Oldest to become PM (81 years)First to resign from office

7 Charan Singh Jul 1979 – Jan 1980 Only PM that did not face Parliament

8 Indira Gandhi Jan 1980 – Oct 1984 First PM to be assassinated

9 Rajiv Gandhi Oct 1984 – Dec 1989 Youngest to become PM (40 years)

10 VP Singh Dec 1989 – Nov 1990

First PM to resign after vote of no confidence

11 Chandra Shekar Nov 1990 – Jun 1991

12 Narasimha Rao Jun 1991 – May 1996

13 AB Vajpayee May 1996 – Jun 1996 Shortest tenure (13 days)

14 Deve Gowda Jun 1996 – Apr 1997

15 IK Gujral Apr 1997 – Mar 1998

16 AB Vajpayee Mar 1998 – May 2004

17 Manmohan Singh

May 2004 – Present

THE DEPUTY PRIME MINISTER

o It is not a constitutional post

o Does not carry any specific powers

o Can chair meetings of the Cabinet in the absence of the PM, and take on the responsibility of the PM in case

of the latter’s death

o India has had 7 Deputy Prime Ministers

o Sardar Vallabhai Patel was the first Deputy PM. He was also the Home Minister concurrently

o The current government does not have a Deputy PM

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THE PRESIDENT OF INDIA

ELECTION OF THE PRESIDENT

Qualifications of the President

o Must be a citizen of India

o Must be 35 years or older

o Must be qualified to be a member of the Lok Sabha, but should not be a member

o Must not hold an office of profit under the Central or State or local governments

o The name of the candidate must be proposed and seconded by at least 50 electors

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o Holds office for 5 years

o Is elected indirectly by an electoral college consisting of

o Elected members of both Houses of Parliament

o Elected members of State Assemblies in accordance with proportional representation

o The value of the vote of an MLA differs from state to state in order to give equality of representation

o Eligible for immediate re-election

o Resignation must be addressed to the Speaker of the Lok Sabha

o Oath of affirmation is administered by the Chief Justice of India. In the CJI’s absence, the senior most

available judge of the SC administers the oath.

o The President can be impeached for violation of the constitution. Impeachment can be initiated by either

House of Parliament. Requires a 2/3rd majority to pass.

o If the office of the President falls vacant, the Vice President takes over. If the VP is not available, the CJI acts

as President. If he is also not available, the senior most available judge of the SC acts as President. The

acting President enjoys all powers of a regular Presidento Fresh elections to the office of President must be held within 6 months of vacancy

o All election disputes are decided by the Supreme Court


POWERS OF THE PRESIDENT

1. Administrative powers

1. All executive actions of the Union Government are carried out under the name of the President

2. Appoints senior officials like the Prime Minister, CJI, CAG, AG etc

3. Directly controls the administration of the Union Territories

2. Legislative Powers

1. Nominates 12 distinguished public figures to the Rajya Sabha and 2 Anglo-Indians to the Lok Sabha

2. Can summon and prorogue sessions of both Houses

3. Can dissolve the Lok Sabha (but not the Rajya Sabha)

4. All bills must receive the President’s assent before they become law

5. Enjoys suspensive veto power that can be applied to non-money bills. No veto power on Constitutional

Amendment Bills

6. Can enact ordinances on Union and Concurrent List subjects. Can issue ordinances on State subjects,

only if the state is under President’s Rule

3. Financial Powers

1. All money bills can originate in the Lok Sabha only on the recommendation of the President

2. Controls the Contingency Fund of India

3. Appoints a Finance Commission every 5 years to recommend tax distribution between the Union and states

4. Judicial Powers

1. Can pardon or reprieve the sentence of anyone punished under Union law

2. Appoints the Chief Justice and other judges of the Supreme Court and High Courts

5. Emergency Powers

1. Can proclaim emergency after getting the recommendation of the Cabinet in writing

6. Military Powers

1. Appoints the Chiefs of the Army, Navy and Air Force

2. Enjoys the power to declare war and peace

7. Diplomatic Powers

1. Appoints Ambassadors to foreign countries and receives their diplomats

2. All international treaties are concluded on behalf of the President. However, these are subject to ratification

by Parliament

8. President’s Rule

1. Can declare President’s Rule either on the advice of the Governor or on self discretion

2. Such a proclamation must be laid down before Parliament within two months

3. Cannot remain in force for more than one year

4. The concerned State Assembly can be dissolved or suspended

9. Discretionary Powers: The President almost always acts on the advice of the Council of Ministers except

under the following circumstances

1. Appointment of a Prime Minister from among contenders when no single party has a majority in the

Lok Sabha

2. A Council of Ministers is voted out/resigns and recommends dissolution of the Lok Sabha

3. While exercising a pocket veto

4. Disqualifying members of the Legislature

5. Return the advice of the Council of Ministers once for reconsideration

6. Return a Bill passed by the Parliament once for reconsideration


PRESIDENT’S RULE IN INDIA

o First imposed on Kerala, June 1951. In effect till April 1952

o Longest duration of President’s Rule was in Punjab May 1987 – Feb 1992

o Imposed maximum number of times on Kerala and Punjab (9 times each)

o Minimum number of times on Maharashtra, Meghalaya and Arunachal Pradesh

o Shortest duration of imposition was on Karnataka. Imposed for 7 days in Oct 1990


THE PRESIDENT’S OF INDIA

President Tenure Notes

Dr. Rajendra Prasad Jun 1950 – May 1952

First PresidentLongest tenure

Dr. S. Radhakrishnan May 1962 – May 1967

Dr. Zakir Hussian May 1967 – May 1969

Shortest tenureDied in office

V.V. Giri (Acting) May 1969 – July 1969 First Acting President

Justice M Hidayatullah July 1969 – Aug 1969 Second Acting President

V.V. Giri Aug 1969 – Aug 1974

Fakhruddin Ali Ahmed Aug 1974 – Feb 1977 Died in office

B. D. Jatti (acting) Feb 1977 – July 1977

Neelam Sanjiva Reddy July 1982 – July Youngest President (64

1987years)

Elected unopposed

Giani Zail Singh July 1982 – July 1987

R. Venkataraman July 1987 – July 1992 Oldest President (76 years)

Dr. S.D. Sharma July 1992 – July 1997

K.R. Narayanan July 1997 – July 2002

Dr. APJ Abdul Kalam July 2002 – July 2007

Pratibha Patil July 2007 – present First female President


THE VICE-PRESIDENT OF INDIA

Election of the Vice-President

o Is elected by all members of both Houses of Parliament in accordance with proportional representation

o The name of the candidate must be proposed and seconded by at least 25 members

o All election disputes are decided by the Supreme Court

o Holds office for 5 years. Is eligible for re-election

o Oath of office administered by the President


Powers and functions of the Vice-President

o Is the ex-officio Chairman of the Rajya Sabha, but is not a member of the same

o Has no right to vote except in a tie

o All bills, resolutions, motions and questions in the Rajya Sabha can be taken up only with the consent of the

VP

o Acts as the chief spokesperson of the Rajya Sabha

o Functions as Acting President if required. Can do so for a maximum of 6 months, and then a new President

must be elected

o Does not automatically become President in the absence of the President (unlike the USA)

Keywords

Documents

Indian Polity