Polity Class 3

8/16/2019 Polity Class 3

1/99


2/99

ü ' sittin$ Vice President is eli$ible for reelection&

ü The term of oce of the Vice President is . "ears

ü The oce ma" be terminated b" resi$nation or

remo#al&

ü ' formal impeachment is not re/uired&

ü The election to the oce of the Vice Presidenthas to be completed before the expiration of theterm&


3/99


4/99

QUALIFICATIONS:

ü Should be a citi3en of 0ndia&

ü Should ha#e completed 4. "ears of a$e&

ü Should not hold an" oce of pro5t

ü Should be /uali5ed for election as amember of the a!"a Sabha&


5/99


6/99

VACANCY:

& :n the expir" of term . "ears&

1& ;" death

4& ;" resi$nation

*& ;" remo#al from the oce

.& :ther%ise

0n case of #acanc" the election must be held as soon as possible& The ne%l"elected VP remains in oce for a full term of . "ears from the date ofassumin$ char$es&

ELECTION DISPUTES:

The election disputes in relation %ith election of the Vice-President areen/uired into and decided b" the Supreme Court& The decision of SupremeCourt is 5nal and exclusi#e&


7/99

SALARY AND EMOLUMENTS

& Salar" is dra%n in the capacit" ofChairman of a!"a Sabha&

1& 7ra%s a salar" of , 1.,999


8/99


9/99

PRIME MINISTER

Appointment:

ü The $eneral principle is that the President appointsthe leader of ma!orit" part" in the Lok Sabha as thePrime inister

ü 0f no part" $ets a clear ma!orit" then the Presidentma" exercise his personal discretion in theappointment of the Prime inister&

ü The Prime inister ma" be a member of an" of thet%o houses of the Parliament&


10/99

ü 0ndira Aandhi (>))+ ü 7e#e Ao%da (>>)+ ü 0 E Au!ral (>>@+ ü anmohanSin$h (199*+ %ere the members of a!"a Sabha&

Term ü 's lon$ as the Prime inister en!o"s the ma!orit" support in the LokSabha, he cannot be remo#ed b" the President&

Saar!: This is determined b" the Parliament from time to time&

Re"i#nation: The P submits the resi$nation to the President&

FUNCTIONS OF T$E PRIME MINISTER:

ü The P recommends to the President about the members %ho can be appointedas the inisters&

ü 8ote The President appoints onl" those persons as inisters %ho are

recommended b" the Prime inister&ü The P allocates #arious portfolios amon$ the inisters&

ü The P reshuFes the portfolios&

ü The P asks a inister to resi$n&

ü The P ad#ises the President to remo#e a inister&

ü The P presides o#er the meetin$ of Council of inisters&

ü The P is the principal channel of communication bet%een the President and theCouncil of inisters&


11/99

ü 0t shall be the dut" of the Prime inister to communicate to the Presidentall decisions of the Council of inisters relatin$ to the administration of theaGairs of the Ao#ernment and proposals for the le$islation&

ü The P ad#ises the President %ith respect to the appointment of 'ttorne"Aeneral, Hnion Public Ser#ice Commission Chairman and embers,Comptroller and 'uditor Aeneral, Chief 2lection Commissioner and other2lection Commissioners, Chairman and members of Iinance Commission etc&

ü The P recommends the President for the dissolution of Lok Sabha&

ü The P is the Chairman ofPlannin$ Commission

8ational 7e#elopment Council

8ational 0nte$ration Council 8ational Population Council

0nter State Council

8ational =ater esource Council

8ational 7isaster mana$ement etc


12/99

T$E COUNCIL OF MINISTERS:

ü The Council of inisters is headed b" the P&

ü 'rticle @*(+ of the 0ndian Constitution There shall be a Council ofinisters headed b" the P to aid and ad#ice the President&

APPOINTMENT:

ü Arti%e &' ()*: The P is appointed b" the President and otherinisters are also appointed b" the President on the ad#ice of the P&

ü ' inister (P is also a inister+ must be a member of eitherLoksabha or a!"a Sabha&

ü Arti%e &' ('*: 0f a person %ho is not a member of either of thehouses of the parliament is appointed as the inister, must become amember of either of the houses of the Parliament %ith in a period of )months from the date appointment as the inister&


13/99


14/99


15/99

ü ' minister is indi#iduall" responsible

to the President& ' inister submitsthe resi$nation to the President& ThePresident can remo#e a inister onl"

on the ad#ice of the P&

ü The Council of inisters is

collecti#el" responsible to theLoksabha&


16/99


17/99


18/99

ü Charan Sin$h %as the onl" Prime inister, under %hosere$ime Parliament ne#er met&

ü Aul!ari Lal 8anda %as the onl" interim Prime inister for 1times&

ü Sardar Vallabhbhai Patel %as the 5rst 7eput" Prime inister

of 0ndia from >*@ J .9&

ü orar!i 7esai %as the 5rst 7eput" Prime inister after thecommencement of the Constitution&

ü 7e#ilal %as the 7eput" Prime inister for 1 times& >D> and>>9 under the t%o Prime inisters V P Sin$h and Chandra

Shekar&

ü L E 'd#ani %as the last 7eput" Prime inister of 0ndia&


19/99

SUPREME COURT

ü The Supreme Court came into existence on Banuar" 1D, >.9&

ü The Supreme Court is the apex court (top most in the hierarch"+ inthe countr"&

ü The 6i$h Courts are belo% the Supreme Court&

ü Hnder the 6i$h Court there is a s"stem of subordinate courts&(7istrict Courts and other lo%er courts+&

ü The Supreme Court is the $uardian of the Constitution&

ü The Supreme Court is the $uarantor and protector of theIundamental i$hts of the citi3ens&

ü 8o Supreme Court !ud$e %as remo#ed so far in independent 0ndia&


20/99


21/99


22/99

APPOINTMENT OF 9UDGES:

ü The !ud$es of the Supreme Court are appointed

b" the President&

ü The Chief Bustice of 0ndia (CB0+ is appointed b" thePresident after consultation %ith other !ud$es of theSupreme Court and 6i$h Courts as the Presidentdeems necessar"&

ü (IMPORTANT: =hile appointin$ the other !ud$esof the Supreme Court the consultation %ith theChief Bustice of 0ndia is obli$ator" for the President+&


23/99

OAT$:

ü :ath of oce is administered b" the President of 0ndia&

ü 0n the absence of the President some other person appointed b" the President

%ould perform the same&

TENURE (TERM*:

ü ' !ud$e holds the oce till he


24/99

IMPEAC$MENT OR REMOVAL:

ü ' !ud$e of the Supreme Court can be remo#ed throu$h impeachment&

ü ' !ud$e can be remo#ed from the oce b" the President on the recommendation b" the Parliament&

ü There are t%o $rounds that are mentioned in the Constitution for the remo#al of !ud$e of the Supreme Court&

K Pro#ed isbeha#ior (OR* 0ncapacit"&

ü The remo#al procedure of a Bud$e of the Supreme Court is initiated either in the Lok Sabha or in the a!"aSabha&

ü I= t+e pro%e1re /e#in" in Lo> Sa/+a&

K ' remo#al motion of a Supreme Court !ud$e is si$ned b" 99 members in the case of Lok Sabha&

K The si$ned remo#al motion is to be $i#en to the Speaker&

K The speaker ma" admit or refuse to admit the same&

K 0f it is admitted the speaker constitutes a three member committee to in#esti$ate into the char$es&

K T+e %ommittee "+o1 %on"i"t o=

# the CB0 (OR* a !ud$e of the Supreme Court

# a chief !ustice of a hi$h court

# ' distin$uished !urist&


25/99

K 0f the committee 5nds the !ud$e to be $uilt" ofmisbeha#ior or suGerin$ from incapacit" the LokSabha can take up the consideration of the motion&

K 'fter it is passed in Lok Sabha %ith a specialma!orit" the motion is presented to the a!"a Sabha&

K 0f it is also passed in the a!"a Sabha %ith aspecial ma!orit" an address is presented to thePresident for the remo#al of the !ud$e&

K The President passes an order remo#in$ the !ud$e&


26/99

ü I= t+e pro%e1re /e#in" in Ra?!aSa/+a&

K ' remo#al motion of a SupremeCourt !ud$e is si$ned b" .9 membersin the case of a!"a Sabha&

$IG$ COURT


27/99

$IG$ COURT

ü The 6i$h Court occupies the top position in the !udicial

administration of state&

ü The @r"t $i#+ Co1rt" %ere set up in 0ndia in Ca%1ttaom/a! an Mara" in D)1&

ü 0n the "ear D)) the fourth 6i$h Court %as set up in 'llahabad&

ü The @th amendment (>.)+ 'ct authori3ed the Parliament toestablish a common 6i$h Court for 1 or more states&

ü 't present there are 47 $i#+ Co1rt" in the countr"&

ü The salaries, allo%ances and pensions of the 6i$h Court !ud$esare determined from time to time b" the Parliament&


28/99


29/99


30/99

OAT$:

ü :ath of oce is administered b" theAo#ernor of the concerned state&

ü 0n the absence of the Ao#ernorsome other person appointed b" thePresident %ould perform the same&

TENURE (TERM*:


31/99

TENURE (TERM*:

ü ' !ud$e of 6i$h Court holds the oce till he


32/99

RESIGNATION:

ü ' !ud$e of 6i$h Court submits the resi$nation to thePresident of 0ndia&

IMPEAC$MENT

ü ' !ud$e can be remo#ed from the oce b" the

President on the recommendation b" the Parliament&

ü (RemoBe in t+e "ame manner i>e t+at o= aS1preme Co1rt+&

GOVERNOR


33/99

GOVERNOR

ü The Ao#ernor is the Constitutional head of the state&

APPOINTMENT: ü The Ao#ernor of a state is appointed b" thePresident&

OAT$ OF OFFICE:

ü The oath of oce of the Ao#ernor is administered b" the Chief Bustice of the concerned 6i$h Court&

QUALIFICATIONS:

ü 6e should be a citi3en of 0ndia&

ü 6e should ha#e completed the a$e of 4. "ears&

ü The Ao#ernor is entitled %ithout the pa"ment of rent to the use

of a! ;ha#an (:cial residence+&

SALARY


34/99

SALARY:

ü The salar" and other allo%ances are decided b" theparliament&

ü 't present the salar" of the Ao#ernor of a state is s& ));;;;


35/99

TRANSFER:

ü The President ma" transfer a Ao#ernor from

one state to the other&

REAPPOINTMENT:

ü The President ma" reappoint a person as theAo#ernor of the same state or transfer to theother state&


36/99

FUNCTIONS:

& ü The functions of a Ao#ernor are

similar to that of the President of 0ndia&1& ü 2xecuti#e

4& ü Le$islati#e

*& ü Budicial.& ü Iinancial functions&

2 1t t+e GoBernor oe" not +aBe

ipomati% miitar! an Emer#en%!po,er" i>e t+at o= t+e pre"ient o=Inia


37/99

LEGISLATIVE POERS OF T$E GOVERNOR:


38/99

ü The Ao#ernor is a part of State Le$islature&

ü (State Le$islature means the assembl", the Le$islati#e Council and the Ao#ernor ifit is bicameral le$islature& 0n case of unicameral le$islature it is the State le$islati#e

assembl" and the Ao#ernor +&

ü The Ao#ernor summons the State Le$islature& ü S1mmon means be$innin$ of asession&

ü The Ao#ernor Proro$ues the State Le$islature& ü Proro#1e means endin$ of a

session&

ü The Ao#ernor dissol#es the State Le$islati#e 'ssembl"&

ü Note: The Le$islati#e Council is a permanent house it cannot be dissol#ed& ;ut itcan be abolished&

ü The Ao#ernor addresses the state le$islature at the be$innin$ of the 5rst sessioneach "ear&

ü Note: 6ere the meanin$ of "ear is calendar "ear and not 5nancial "ear& This is$enerall" the bud$et session that starts in the month of Iebruar"&


39/99

ü The Ao#ernor nominate" one An#o-Inian to the state le$islati#e'ssembl"&

ü The GoBernor nominate" )


40/99


41/99

FINANCIAL POERS OF T$E GOVERNOR:

ü The Ao#ernor sees that the bud$et ('nnual Iinancial Statement+ islaid before the State Le$islature&

ü The one" bills can be introduced in the State Le$islature onl" onthe prior recommendation of the Ao#ernor&

ü 8o demand for a $rant can be made except on therecommendation of the Ao#ernor&

ü The Ao#ernor can make ad#ances out of the Contin#en%! F1no= a State to meet an" unforeseen expenditure&

ü The Ao#ernor constitutes a State Finan%e Commi""ion aftere#er" 5#e "ears to re#ie% the 5nancial position of the Pancha"ats andthe unicipalities&


42/99

IMPORTANT ARTICLES RELATED TO T$E GOVERNOR

ü 'rticle .4 There shall be a Ao#ernor for each state&

ü Arti%e )'7: The executi#e po%er of the state shall be#ested in the Ao#ernor and shall be exercised b" himeither directl" or throu$h ocers subordinate to him inaccordance %ith the constitution&

ü Arti%e )'': The Ao#ernor is appointed b" thePresident&


43/99

9UDICIAL POERS OF T$E GOVERNOR:

ü The Ao#ernor can $rant Pardons, reprie#es, respites andremissions of punishments or suspend, remit and commute the

sentence of an" person con#icted of an" oGence a$ainst an" la%relatin$ to a matter to %hich the executi#e po%er of the stateextends&

ü The Ao#ernor %annot Pardon a death Sentence& (The President

has the po%er of Pardon a death Sentence+&

ü The Ao#ernor %annot $rant pardon, reprie#e, respite,suspension, remission or commutation in respect to punishment orsentence b" a court martial& (The President of 0ndia en!o"s this

po%er+&

ü The Ao#ernor takes decisions %ith relation to the appointments,postin$s, promotions of the 7istrict Court !ud$es in consultation%ith the state 6i$h Court&


44/99

STATE LEGISLATURE

ü Parliament means the Lok Sabha, the a!"a Sabha andthe President&

ü Simiar! State Le$islature means

K The State Le$islati#e 'ssembl" or Lo%er 6ouse

K The State Le$islati#e Council or Hpper 6ouse

An

K The Ao#ernor


45/99

$O T$E STATE LEGISLATIVE COUNCIL IS CREATED< AOLIS$ED

ü ARTICLE )5: The Parliament is empo%ered to establish orabolish a state le$islati#e council&

ü The state assembl" if passes a resolution b" a special ma!orit"&

ü 0f the Parliament b" a ma!orit" (simple+ accepts the same thenthe le$islati#e council can be established&

ü NOTE: Throu$h the same process a le$islati#e council can beabolished&

ü ALSO NOTE: This is not an amendment of the constitutionunder 'rticle 4)D& This is passes like an ordinar" le$islation&

ASSEMLY:


46/99

STRENGT$: (NUMER OF MEMERS*

ü The minimum stren$th of assembl" is ;&

ü The maximum stren$th of assembl" is ';;&

ü The stren$th of assembl" #aries from state to state dependin$ on the population&

ü The stren$th of Httar Pradesh assembl" is *94& (6i$hest population+

ü The stren$th of Sikkim assembl" is 41& (Lo%est population+&

ü 7id "ou notice that the stren$th of some of the assemblies like 'runachal Pradesh,Sikkim, Aoa, i3oram, and 8a$aland etc in the countr" is e"" t+an ;M

ü 0n case of 8a$aland the minimum stren$th is 5xed at *)&

ü 0n case of i3oram the minimum stren$th is 5xed at *9&

ü 0n case of 'runachal Pradesh, Aoa and Sikkim the minimum stren$th is 5xed at 49&


47/99


48/99

CAN T$E TERM OF ASSEMLY IS ETENDED

ü The term of assembl" can be extended b" "ear durin$ the period of 8ational emer$enc"&

ü This period can be extended b" an" number oftimes but not more than "ear at a time&

ü The extension cannot be continued be"ond aperiod of ) months after the emer$enc" hasceased to operate&

QUALIFICATIONS FOR LEGISLATIVE ASSEMLY:


49/99

QUALIFICATIONS FOR LEGISLATIVE ASSEMLY:

ü 6e must be a citi3en of 0ndia&

ü 6e must not be less than 1. "ears of a$e&

ü 6e must possess other /uali5cations prescribed b" the Parliament&

ü 's per the point number 4, the parliament has laid do%n the additional/uali5cations&

ü The additional /uali5cations are mentioned in the epresentation of Peoples'ct of >.&

DISQUALIFICATIONS:

ü 8ote The dis/uali5cations are same like that of a member of the Parliament&

ü 0f he holds an" oce of pro5t under the Hnion or State $o#ernment&

ü ECEPTION: ' inister in the union or state $o#ernment is not considered as

holdin$ an oce of pro5t&


50/99

• ü Note: The dis/uali5cation of a member is decided b" the Ao#ernor afterobtainin$ the opinion of the 2lection Commission&

SALARY:

ü The salar" of the members of le$islati#e assembl" is decided b" the statele$islature&

RESIGNATION:

ü ' member of le$islati#e assembl" submits the resi$nation to the speaker&

SPEAHER:

QUALIFICATIONS:

ü 6e must be a member of the le$islati#e assembl"&

ELECTION:

ü The speaker is elected from amon$st the members of state le$islati#e assembl"&


51/99

RESIGNATION:

ü Speaker submits the resi$nation letter to the 7eput" Speaker&

VACANCY IN T$E OFFICE OF T$E SPEAHER:

ü 0f the speaker ceases to be a member of assembl" he deemed to be #acated the seat&

ü 0f he resi$ns then there is a #acanc" in the oce of the speaker&

ü 0f the speaker is remo#ed b" a resolution passed b" a ma!orit" of all the then members of the assembl",then there is a #acanc" in the oce of the speaker&

REMOVAL PROCEDURE OF T$E SPEAHER:

ü The speaker can be remo#ed from the oce after $i#in$ * da"s ad#ance notice&7urin$ this period thespeaker cannot act as the speaker&

ü 0nstead the deput" speaker acts as the Speaker&

ü 'fter * da"s if a resolution is passes b" a ma!orit" of all the then members of the assembl", thespeaker is considered to be remo#ed from the oce&

FUNCTIONS OF T$E SPEAHER:

ü The most important function of the Speaker is to maintain decenc" and decorum in the assembl"&

ü The Speaker ad!ourns the assembl" or suspends the meetin$ in the absence of /uorum&

ü The speaker decides %hether a bill is mone" bill or not and the decision of the speaker is 5nal&

DEPUTY SPEAHER:


52/99

DEPUTY SPEAHER:

QUALIFICATIONS:

ü The deput" speaker must be a member of 'ssembl"&

ü The deput" speaker is elected from amon$st the members&

FUNCTIONS OF T$E DEPUTY SPEAHER:

ü 6e acts as the speaker in the absence of the speaker&

RESIGNATION:

ü The deput" speaker submits the resi$nation to the speaker&

LEGISLATIVE COUNCIL:


53/99

STRENGT$: (NUMER OF MEMERS*

ü The minimum stren$th is *9&

ü The maximum stren$th is )


54/99

ü 0t is a permanent house and sub!ected to dissolution&

ü Note: 0t ma" be abolished&

ü


55/99

RESIGNATION:

ü 'n LC submits the resi$nation to the Chairman of thele$islati#e council&

C$AIRMAN OF LEGISLATIVE COUNCIL:

ü The chairman of the le$islati#e council m1"t /e amem/er of the le$islati#e council&

ü The chairman is elected from amon$st the members&

ü Note: This is unlike a!"a Sabha, %here the Chairmanis not a member of the a!"a Sabha&


56/99

DEPUTY C$AIRMAN OF T$E LEGISLATIVECOUNCIL:

ü The deput" chairman m1"t /e a mem/er of thele$islati#e council&

ü The deput" chairman is elected from amon$st themembers of the council&

RESIGNATION:

ü The deput" chairman submits the resi$nation to thechairman&


57/99

$O T$E ILLS ARE PASSED IN T$E STATELEGISLATURE

ü The bills at the state le#el are di#ided into 1 cate$ories&

N :rdinar" bills

N one" bills

ü Note: 0n case of unicameral le$islature all the bills areintroduced in the assembl", if it is passes the bill %ill befor%arded to the Ao#ernor for his assent&


58/99

$ERE IS T$E ULTIMATE AUT$ORITY LIES

ü The ultimate po%er to pass a bill lies %ith the assembl"&

ü 0n case of dead lock there is no pro#ision of the !oint sittin$ like in Parliament&

+at i" ea o%>

ü This is a situation %here a bill is passed b" one house and re!ected b" the other&

ü :n the other hand the bill that is ori$inated in the le$islati#e council is passed andsent to the assembl", if re!ected b" the assembl" the bill is considered to be re!ectedand the bill becomes dead&

ATTORNEY GENERAL OF INDIA


59/99

ü The 'ttorne" Aeneral is the 5rst la% ocer of the Countr"&

ü 6e is the chief ad#isor to the $o#ernment of 0ndia in all le$al matters&

ü 'rticle @) of the Constitution of 0ndia pro#ides for the oce of the'ttorne" Aeneral of 0ndia&

'PP:08T28T

ü The 'ttorne" Aeneral of 0ndia is appointed b" the President&

OH'L0I0C'T0:8S

ü Citi3en of 0ndia&

ü Ouali5ed to be appointed as a !ud$e of the Supreme Court&

T2

ü The term of oce not mentioned in the Constitution,holds the ocedurin$ the pleasure of the President&


60/99

C$IEF MINISTER


61/99

ü The Ao#ernor is the e?1re (nominal+ head&

ü The Chief inister is the e=a%to (real+ head&

ü The Ao#ernor is the +ea o= t+e "tate&

ü The Chief inister is the +ea o= t+e GoBernment&

APPOINTMENT:

ü The Chief inister is appointed b" the Ao#ernor&

ü :ther inisters are also appointed b" the Ao#ernoronl" on the ad#ice of the Chief inister&


62/99

ARTICLE )7:

a& The Chief inister shall be appointed b" the Ao#ernor andother ministers shall be appointed b" the Ao#ernor on the ad#iceof the Chief inister&

b& The inisters shall hold the oce durin$ the pleasure of theAo#ernor&

c& The Council of inisters shall be collecti#el" responsible tothe state le$islati#e assembl"&

ü To uphold the democratic principles the Ao#ernor appoints theleader of the ma?orit! part! in the state le$islati#e assembl" asthe Chief inister&


63/99

ü 0n %a"e no part! +a" t+e ma?orit! then the Ao#ernor usesthe i"%retionar! po%ers&

ü The $eneral principle is that the Ao#ernor in#ites the %oaition#ro1p to form the $o#ernment&

ü Note: 0n coalition $o#ernment there are minim1m 4 partie" in the$o#ernment&

ü 0f there is no possibilit" of the formation of the $o#ernment b"$roup of parties then the Ao#ernor in#ites the "in#e ar#e"tpart! to form the $o#ernment&

ü 0f the sin$le lar$est part" refuses to form the $o#ernment then hein#ites the second lar$est part" to form the $o#ernment&

ü I= no part! comes for%ard to form the $o#ernment then theAo#ernor recommends for the proclamation of the Pre"ient" R1e&


64/99

ü ' person %ho is not a member of thestate le$islature can be appointed as theChief inister& 6e should become amember of either of the houses of the

state le$islature %ithin six months, failin$%hich he ceases to be the Chief inister&

ü The Chief inister ma! /e t+emem/er o= an! o= t+e t,o +o1"e" ofa state le$islature&


65/99

OAT$ OF OFFICE:

ü The oath of oce to the Chief inister is administered b" theAo#ernor&

TERM:

ü The Chief inister holds the oce durin$ the pleasure of theAo#ernor&

RESIGNATION:

ü The Chief inister submits the resi$nation to the Ao#ernor&

REMOVAL:

ü The Chief inister is remo#ed b" the Ao#ernor&

ü The Chief inister cannot be remo#ed as lon$ as he en!o"s thema!orit" of the 6ouse& (This %as ruled b" the Supreme Court in >>*in S ;ommai V& Hnion of 0ndia case+&

SALARY:


66/99

SALARY:

ü The salar" and other allo%ances of the Chief inister are determined b" the state le$islature&

FUNCTIONS:

ü The C is the head of the Council of inisters&

ü The C presides o#er the meetin$ of the Council of inisters&

ü The C ad#ises the Ao#ernor to appoint other inisters&

ü The C decides the allocation of the portfolios amon$ #arious the ministers&

ü Note: Port=oio mean" Mini"tr!& :ne minister can hold more than one portfolio&

ü The C reshuFes the portfolios&

ü The C ad#ices the minister to resi$n&

ü The C ad#ices Ao#ernor to accept resi$nation letter of a minister&

ü The C ad#ices the Ao#ernor to dismiss a minister in case he does not tender resi$nation lettere#en after ad#ice b" the Chief inister&

ü The Chief inister is the channel of communication bet%een the Ao#ernor and the council ofministers&


67/99

ü The SPSC (State Public Ser#ice commission+ Chairman andmembers are appointed b" the Ao#ernor on the ad#ice of the C&

ü The SIC (State Finan%e Commi""ion+ Chairman and themembers are appointed b" the Ao#ernor on the ad#ice of the C&

ü The S2C (State Ee%tion Commi""ioner+ is appointed b" theAo#ernor on the ad#ice of the C&

ü The C is the ex-ocio chairman of the State Pannin# oar

ü The C is a member of 87C (Nationa DeBeopment Co1n%i*&

ü The C is a member of 0SC (Inter State Co1n%i*&

ü The C is a member of 80C (Nationa Inte#ration Co1n%i*&

ELECTION COMMISSION OF INDIA


68/99

ü The 2lection commission is a constitutional bod" that is entrusted %ith the responsibilit" of conductin$free and fair elections in the countr"&

ü :n :ctober ), >D> for the 5rst time the President appointed 1 election commissioners&

NOTE: The t%o election commissioners %ere appointed to cope %ith increased %ork of the electioncommission on the account of lo%erin$ #otin$ a$e from 1 to D&

This %as done throu$h )st amendment act of >DD and came into force in >D>&

0n :ctober >>4 the President (7r Shankar 7a"al Sharma+ appointed t%o more electioncommissioners&Since then the election commission is a multi member bod"&

'rticle 41* 0t pro#ides the po%er of superintendence, direction and control of elections to the Parliament,state le$islatures, the oce of the President of 0ndia and the Vice president of 0ndia

Note: Pancha"ats and unicipalities elections are conducted b" the respecti#e State 2lectionCommissions&

COMPOSITION OF ELECTION

COMMISSION:

ü There is a Chief 2lection Commissioner&

ü There are some other members called election commissioners&

ü Note: The President decides the stren$th from time to time&

APPOINTMENT:


69/99

ü The Chief 2lection Commissioner and other 2lection Commissioners are appointed b" the President of 0ndia&

Q1ai@%ation":

ü The /uali5cations of the members of the election commission are not prescribed in the constitution&

TERM OR TENURE:

ü The term and other conditions are decided b" the President after a la% is passed b" the Parliament to that eGect&

C$AIRMAN OF ELECTION COMMISSION:

ü The Chief 2lection Commissioner acts as the Chairman of the Commission %hen an" other election commissioner

is appointed&

RESIGNATION:

ü The Chief 2lection Commissioner and other 2lection Commissioners submit the resi$nation letter to thePresident&

REMOVAL OF C$IEF ELECTION COMMISSIONER:

ü The Chief 2lection Commissioner is remo#ed in the same manner like that of a !ud$e of Supreme Court&

REMOVAL OF OT$ER ELECTION COMMISSIONERS:

ü :ther 2lection Commissioners are remo#ed b" the President onl" on the recommendation of the Chief 2lectionCommissioner&

ü ;ut, the ad#ice of the Chief 2lection Commissioner is not bindin$ on the President&

FUNCTIONS OF ELECTION COMMISSION:


70/99

ü The election commission prepare" an reBi"e" the electoral rolls (#oters List+&

ü The election Commission %ill noti=! the dates and schedules the elections&

ü The election commission "%r1tiniJe" the nomination papers&

ü The election commission re%o#niJe" the political parties&

ü The election commission aot" the election s"mbols to the political parties and

also to the independent candidates&

ü The election commission determines the %oe o= %on1%t to be obser#ed b" theparties and the candidates at the time of elections&

ü The election commission ad#ices the President in the matter relatin$ to the

dis/uali5cation of the members of Parliament& (Lok Sabha and a!"a Sabha+&

ü The election commission ad#ices the Ao#ernor of a state in the matter relatin$ tothe dis/uali5cation of the members of state Le$islature&

ü The 2lection Commission reco$ni3es the political parties as 8ational part" or

e$ional (state+ part"&

UNION PULIC SERVICE COMMISSION: (UPSC*

ü 'rticle 4. There shall be a Public Ser#ice commission for the Hnion and Public ser#ice


71/99

ü 'rticle 4. There shall be a Public Ser#ice commission for the Hnion and Public ser#iceCommission for each state&

ü HPSC is a Constitutional bod"&

ü The HPSC conduct examinations for 'll 0ndia Ser#ices and other central ser#ices&

$AT ARE ALL INDIA SERVICES

ü These are the ser#ices recruited b" the central $o#ernment but, posted in the states andsalar" is also paid b" the states&

ü There are 4 'll 0ndia Ser#ices in 0ndia&

0'S J 0ndian 'dministrati#e Ser#ice, 0PS J 0ndian Police Ser#ice, 0IS J 0ndian Iorest Ser#ice

COMPOSITION:

ü The HPSC consists of a chairman and some other members&

APPOINTMENT

ü The Chairman and other members are appointed b" the President&

STRENGT$ (NUMER OF MEMERS*:

ü The stren$th is decided b" the President of 0ndia&

ü 0n $eneral the HPSC consists of > to members includin$ the Chairman&


72/99

T2

ü The Chairman or other members hold oce for a term of

ü ) "ears

:

ü Hntil the" attain the a$e of ). "ears, %hiche#er is earlier&

ü 'fter completion of the term the Chairman or othermembera, are not eli$ible for reappointment in the sameposition&

2S0A8'T0:8

ü The Chairman or members submit the resi$nation to thePresident of 0ndia&

A282'L


73/99

A282'L

ü 7 ; ';27E' The C'A is the most important ocer

under the constitution of 0ndia&

ü C'A is the head of 0ndian 'udit and 'ccounts 7epartment&

ü The C'A is the $uardian of Public purse ($o#ernmentmone"+&

ü The C'A is an a$ent of the Parliament&

ü The C'A is the =atchdo$ of the 0ndian Public Iinances&

'PP:08T28T ü The C'A is appointed b" the President&

T28H2 ü The C'A holds the oce for a period of ) "ears

:

ü Hp to the a$e of ). "ears %hiche#er is earlier&

RESIGNATION

ü The C'A submits the resi$nation letter to the President


74/99

ü The C'A submits the resi$nation letter to the President&

REMOVAL:

ü The C'A is remo#ed b" the President of 0ndia in the same manner andsame $rounds as a !ud$e of Supreme Court&

SALARY:

ü The Salar" and other ser#ice conditions of C'A are decided b" theParliament&

AFTER RETIREMENT:

ü The C'A after retirement is not eli$ible for further oce either under the$o#ernment of 0ndia or $o#ernment of a state&

FUNCTIONS OF CAG:ü The C'A audits (#eri5es+ the accounts related to the expenditureincurred b" the Central and State $o#ernments&

ü The C'A as an a$ent of the parliament conducts the audit ofexpenditure on behalf of the Parliament&

ü The C'A is responsible onl" to the Parliament&


75/99

SH;0SS0:8 :I 2P:T ; T62 C'A

CENTRAL GOVERNMENT REPORT:

ü The C'A submits the report relatin$ to the accounts ofthe central $o#ernment to the President of 0ndia&

ü The President places the report in the parliament&

ST'T2 A:V2828T 2P:T

ü The C'A submits the report relatin$ to the accounts ofthe state $o#ernment to the Ao#ernor of the concernedstate&

ü The Ao#ernor places the report in the State Le$islature&

Lo%a Se=-GoBernan%e


76/99

Pan%+a!ati Ra?

•

The Pancha"ati a! S"stem is the @r"ttier or le#el of democratic $o#ernment&

• The term Pancha"ati a! in 0ndia si$ni5es

the s"stem of rural local self-$o#ernment&• 0t %as constitutionali3ed throu$h the &3r

Con"tit1tiona Amenment 'ct of>>1&

• a!asthan %as the 5rst state to set upPancha"ati a! S"stem in >.> follo%edb" 'ndhra Pradesh&

EFORE PANC$AYATI RA9:


77/99

EFORE PANC$AYATI RA9:

ü The $o#ernment haslaunched Comm1nit! DeBeopment

Pro#ramme (CDP* in the "ear >.1&

ü The $o#ernment has

launched Nationa EKten"ionSerBi%e (NES* in the "ear >.4&

Comp1"or! ProBi"ion" =or Pan%+a!ati Ra?I tit ti


78/99

In"tit1tion"

& :r$anisation of Aram Sabha in a #illa$e or $roup of#illa$es&

1& 2stablishment of Pancha"ats at the #illa$e, intermediateand district le#els&

4& 4) !ear" to be the minimum a$e for contestin$elections to Pancha"ats&

*& eser#ation of seats (both members and chairpersons+

for SCs and STs in Pancha"ats at all the three le#els&

.& eser#ation of one-t+ir "eat" (both members andchairpersons+ for %omen in Pancha"ats at all the three

le#els&

)& Iixin$ tenure of @Be !ear" for


79/99

)& Iixin$ tenure of @Be !ear" forPancha"ats at all le#els and holdin$ freshelections %ithin six months in the e#ent ofsupersession of an" Pancha"at&

@& 2stablishment of a State Ee%tion

Commi""ion for conductin$ elections tothe Pancha"ats&

D& Constitution of a State Finan%eCommi""ion after e#er" 5#e "ears tore#ie% the 5nancial position of the

pancha"ats&


80/99

• (ii* Pan%+a!at Samiti at t+e o%>


81/99

!eBe

• The Pancha"at Samiti has man" Aram

Pancha"ats under it&• 'll the Presidents of the Pancha"ats

%ithin the ;lock are the ex ociomembers of the Pancha"at SamitisQ&


82/99


83/99

T+ree T!pe" o=


84/99

T+ree T!pe" o=M1ni%ipaitie":

• The act pro#ides for the constitution of thefollo%in$ three t"pes of municipalities ine#er" state

•

' na#ar pan%+a!at for a transitional area,that is, an area in transition from a ruralarea to an urban area&

• ' m1ni%ipa %o1n%i for a smaller urban

area&• ' m1ni%ipa %orporation for a lar$er

urban area&

C iti


85/99

Compo"ition:

• 'll the members of a municipalit"shall be elected directl" b" thepeople of the municipal area& Ior this

purpose, each municipal area shallbe di#ided into territorialconstituencies to be kno%n as

,ar"&

• Re"erBation o= Seat": The act pro#ides for


86/99

the reser#ation of seats for the scheduledcastes and the scheduled tribes in e#er"

municipalit" in proportion of their populationto the total population in the municipal area&

•

reser#ation of not less than one-third of thetotal number of seats for %omen

• D1ration o= M1ni%ipaitie": The actpro#ides for a @Be !ear term of oce fore#er" municipalit"& 6o%e#er, it can bedissol#ed before the completion of its term&


87/99

9URISDICTION OF T$E SUPREME COURT:


88/99

9URISDICTION OF T$E SUPREME COURT:

a* Ori#ina 91ri"i%tion:& :ri$inal Burisdiction means that certain t"pes ofcases can ori$inate %ith the Supreme Court onl"

1& The Supreme Court has ori$inal !urisdiction in

a+ 7isputes bet%een the Centre and one or morestates&

b+ 7isputes bet%een the Centre and an" state(s+ onone side and one or more states on the other side&

c+ 7isputes bet%een t%o or more states&

d+ 7isputes re$ardin$ the enforcement ofIundamental i$hts&

/* Appeate 91ri"i%tion:


89/99

pp 9

'ppellate Burisdiction means that appealsa$ainst !ud$ements of lo%er courts can bereferred to SC as the Supreme Court is thehi$hest court of appeal in the countr"&

%* ABi"or! 91ri"i%tion:

& 'd#isor" Burisdiction refers to the process%here the President seeks the CourtQs ad#iceon le$al matters&

1& 0f the President asks for ad#ice from theSupreme Court, the Court is dut"-bound to$i#e it& 6o%e#er, it is not bindin$ on thePresident to accept the ad#ice&


90/99

)2 rit o= $a/ea" Corp1" :


91/99

)2 rit o= $a/ea" Corp1" :

(a+ 6abeas Corpus means "ou ma" ha#e the bod"Q&

(b+ This ensures that a prisoner can be released fromunla%ful detentionUthat is, detention lackin$sucient cause or e#idence&

42 rit o= Q1o arranto :

(a+ The meanin$ of the term Ouo =arranto is b"%hat authorit"Q&

(b+ The %rit shall be issued onl" %hen the publicoce is held b" a particular person in an ille$almanner&

(c+ 0f a person has usurped a public oce, the Courtma" direct him not to carr" out an" acti#ities in theoce or ma" announce the oce to be #acant


92/99


93/99

• '2 rit o= Pro+i/ition :• (a+ ' %rit of prohibition is issued

primaril" to pre#ent an inferior court

from exceedin$ its !urisdiction

State P1/i% SerBi%e Commi""ion


94/99

' state public ser#ice commission consists of a

chairman and other members appointed b" the$o#ernor of the state& ;ut the" can be remo#edonl" b" the President&

0t is an independent constitutional bod"&

The chairman and members of the commissionhold oce for a term of six "ears or until the"attain the a$e of )1 "ears, %hiche#er is earlier&

• The main function of SPSC is to conductexaminations for appointments to the ser#icesof the state&


95/99


96/99

• The 5rst hour of a sittin$ of the 6ouse normall" allottedfor askin$ and ans%erin$ of /uestions-Q1e"tion $o1r

•

Starre an Un"tarre Q1e"tion"• ' starred /uestion is one to %hich a member desires an

oral ans%er in the 6ouse& 'ns%er to such a /uestionma" be follo%ed b" 5#e supplementar" /uestions b"other members&

• 'n unstarred /uestion is one to %hich %ritten ans%er isdesired b" the ember& 8o supplementar" /uestionscan be asked there on&


97/99


98/99


99/99

ero $o1r: The time immediatel" follo%in$ theOuestion $o1r has come to be kno%n as Xero$o1rX& 0t starts at around 1 noon (hence the

name+ and members can, %ith prior notice to theSpeaker, raise issues of importance durin$ thistime&

Documents

Polity Class 3