BRIEF HISTORY OF
CONSTITUTIONAL DEVELOPMENTS
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
BRIEF HISTORY OF
CONSTITUTIONAL DEVELOPMENTS
T
o
o
o
he commercial contacts between India and Europe were very old via the land route either through the Oxus
Valley or Syria or Egypt. But the new route via the cape of good hope was discovered by Vasco-Da-Gama in
1498.
Therefore, many trading companies came to India and established their trading center in different places of
India. They entered India as a trader at the outset but by the passage of time indulge in the politics of India.
The commercial rivalries among the European powers led to political rivalry and ultimately British succeeded
in establishing their rule in India.
In 1599 a grouped named “Marchant of adventures” founded English East India Company or company of
merchants Trading into the East Indies in England. Queen Elizabeth, I provided exclusive right to the company
to trade in India under a charter.
ESTABLISHING BRITISH SUPREMACY
After defeating major European players, the company was started dreaming of becoming a ruling power in gradual
manner.
Gradually, EIC started dominating other European powers and able established various trading posts such as-
•
•
•
•
In 1619, Surat
In 1639, Madras
In 1668, Bombay
In 1690, Calcutta
1
TRADING CORPORATION BECAME RULER
▪
The company became involved in politics and played
one local ruler against the other.
▪
After the two decisive battle such as Battle Plassey
1757 and Battle of Buxar 1764, British East India
company became masters of Northern part of India
and Bengal.
▪
EIC started its expansion to every nook and corner of
the country. The success of British in India can be
traced through its administrative system that shad
followed.
▪
In order to do this, they enacted various laws, rules
and regulations. This gamut of legislation helped
Indian legislators in understanding various aspects
of law making in context of India. Consequently, the
law making which suits the land became easy.
All those incidents
gave birth to two eras:
The Company Rule
The Crown Rule
(1773 –1858)
(1858 – 1947)
The British rule in India can be seen in two dimensionBRITISH RULE
The Company Rule
The Crown Rule
1773-1858
1858-1947
Regulating Act 1773
Amending Act 1781
Government of India Act 1858
Indian Councils Act 1861
India Councils Act 1892
Pitt’s India Act 1784
Morley-Minto Reforms 1909
Charter Act of 1813
Mon-Ford Reforms 1919
Charter Act of 1833
Charter Act of 1853
Government of India Act 1935
Indian Independence Act 1947
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
THE COMPANY RULE 1773-1858
British Parliament passed various legislation to control and supervise the activities of the British East India company.
And by series of legislation, the rule of EIC ended in 1858.
THE REGULATING ACT OF 1773
BACKGROUND:
The regulating act of 1773 opened a new chapter in
the constitutional history of the company. Its early
administration was not only corrupt but notorious
as well. When the company was in troubles, its
servants were affluent
The disastrous famine in Bengal in 1770 affected the
agriculturists and as a result revenue collection was
poor. In short company was on the brink of
bankruptcy. In 1773, the company approach the
British government for an immediate loan.
It was that circumstances, the parliament of
England resolved regulate the affairs of the
company and appointed a committee to inquire
into the affairs of the company. The report
submitted paved the way for the enactment of the
regulating act.
Why the legislation?
▪
Officials took advantages of the dual system.
▪
The total misgovernance in Bengal.
▪
The gross malpractices of the senior officials of the company.
▪
The company was also facing a financial crisis at this time.
▪
Company had applied to the British government for a loan of one million pounds.
▪
Further, the famine of 1770 also reduced the revenue.
▪
The defeat of the company against Mysore’s Hyder Ali in 1769.
The above-mentioned reasons were enough for the British Parliament to take decisive action against the
company and its official too and then enact a legislation to regulate its affairs-
1
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
FEATURES OF THE ACT:
Administrative set-up
GOVERNOR
OF BENGAL
bbec
Became
GOVERNOR-GENERAL
OF BENGAL
Warren Hasting -First GG-BENGAL
Created Executive council with four
members to assist GG-BENGAL
To
Governors of Bombay
and Madras presidencies
came under
subordination of
Governor-General of
Bengal.
Governor of Madras
+
Governor of Bombay
Judiciary set-up:
Establishment of Supreme Court at Calcutta in 1774
The regulating act of 1773 established a supreme court at Fort William,
Calcutta.
SC consisted of one chief justice and three other regular judges
Sir Elijah Imphey was the first Chief
Justice of the Supreme Court.
Other Set-up:
2
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
▪
Regulating Act 1773 prohibited the servants of
the Company from engaging in any private
trade.
▪
Also prohibited to accept presents or bribes
from the natives.
▪
It required the Court of Directors (governing
body of the Company) to report on its revenue,
civil, and military affairs in India.
What were the shortcomings of the Regulating Act of 1773?
▪
Veto power of Governor-General not declared.
▪
The Supreme Court’s powers were not well-defined.
▪
No measure to stop the corruption among the company officials.
▪
There was no mechanism to study the reports sent by the Governor-General in Council.
3
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
AMENDING ACT OF 1781
BACKGROUND:
With the enactment of this act, for the first time, British
government intervened directly in the company’s
operation.
In the years of 1779-1780, Supreme Court and the
Supreme Council got into tussle. Supreme Council putforwarded several reasons such as unlawful operation
by the Supreme court.
Along with the Supreme Council, several zamindars,
company servants, and others filed similar petitions.
Chronology of the development:
Rivalry between the Supreme Court and the Supreme Council started
Supreme Council filed a petition against SC's unlawful operation
As a recognition to the case, Parliament established a committee
The committee entrusted to investigate the situation
In 1781, the committee presented its much awaiting report
On July 05, 1781, British Parliament passed the Act of Settlement 1781
Key provision of the Act:
▪
▪
It excluded the revenue matters from Supreme
court Jurisdiction.
It exempted the Governor-General and the
Council from the jurisdiction of the Supreme
Court
▪
It provided that the Supreme Court was to have
jurisdiction over all the inhabitants of Calcutta.
▪
It also required the court to administer the
personal law of the defendants i.e.,
o
Hindus were to be tried according to the
Hindu law.
4
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
o
▪
Muslims were to be tried according to the
Mohammedan law.
▪
It laid down that the appeals from the Provincial
Courts could be taken to the Governor-Generalin-Council and not to the Supreme Court.
It empowered the Governor-General-in-Council
to frame regulations for the Provincial Courts
and Councils.
PITT’S INDIA ACT OF 1784
BACKGROUND:
▪
In January 1784, Prime Minister of England i.e.,
Pitt the younger introduced the Indian Bill in the
British Parliament.
▪
Pitts India Act of 1784 was passed to remove the
drawbacks of regulating Act of 1773 by the
youngest Prime Minister, Pitt the Younger.
▪
The enactment resulted in joint government in
India by Crown in Great Britain and EIC, under
which political functions snatched away from
the company.
The regulating act proved to be an unsatisfactory
document as its failed in its objective.
BOC Comprised of 6 m/sSecretary of State (Board President)
Chancellor of the Exchequer
Four Privy Councillors
British Crown
Nominal Head
Board of Control
British Parliament
To manage civil and
military Affairs of
the company
Administrative Head
Pitts the younger as PM
Passed Pitts India Act
Court of Directors
Objective
To remove the errors in
Regulating Act of 1773
To manage the
commercial affairs
of the company
5
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Why the act is so important?
Pitts India Act constituted a significant landmark with
regard to the foreign policy of the company▪
▪
Board of Directors and Court of Directors came into
picture first time.
▪
The company’s territories in India were for the
first time called the ‘British possession in India’.
The court of directors controlled its commercial
functions.
▪
Direct control over company’s affairs and its
administration by British Crown in India
While BOD maintained company’s political
affairs.
▪
In this case, Board represented the king
▪
While the directors symbolized the company
What were the Features of the Act?
The Board of Control took care of civil and military affairs
comprised of 6 members:
Creation of Board of Control
Commercial and Political functions of the company
differentiated through this act.
▪
Secretary of State (Board President)
▪
Chancellor of the Exchequer
▪
Four Privy Councillors
Board of Control
The British government represented by the
Board of Control.
Court of Directors
The Company was represented by the Court
of Directors
Dual System
Disclosure of Property
▪
▪
The act mandated disclosure of the property by
all civil and military officers in India and Britain
within two months of their joining.
Change in administrative set-up of GG-Councils
▪
The Governor-General was given the right of
veto.
▪
The Governor-General’s council’s strength was
reduced to 3 members from 4 members.
One of the three would be the Commander-inChief of the British Crown’s army in India.
What were the drawbacks of the act?
▪
No clarity in the boundaries of control between
the BOC and the COD.
▪
The powers of the BOC, COD and the Governor
general were subjective and not objective.
▪
The Board of Controls were alleged for
favouritism (nepotism).
6
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
ACT OF 1786
BACKGROUND:
▪
Cornwallis succeeded Warren Hastings as
Governor General in 1786
▪
He Belong to an influential and aristocratic
family with wider political connection
▪
He was also a close friend of prime minister Pitt,
the younger.
▪
He distinguished himself as a remarkable soldier
in the American War of Independence.
▪
After his return from America, he was offered
the Governor General post in India.
▪
To accept the position as Governor General, he
made following demands-
Demand of
Cornwallis
He should be given the
power to override his
council's decision.
“In order to appoint Cornwallis as a Governor General,
Amendment of Pitts India act was done. In 1786,
Cornwallis was appointed as the Governor-General of
Bengal.”
He'd be the
Commander-in-Chief
Commander in Chief, Governor-General and the
Councillors.
▪
If the Governor-General or Governor had to
utilize the extraordinary power to overturn the
majority of the Council, both sides would have
to declare their viewpoints on the disputed
matter in writing.
▪
If the Governor-General or Governor finally
decided to act on his own, he would be
personally liable for any step taken without the
Council's approval.
Features of the Act
▪
Cornwallis was named Governor-General and
Commander-in-Chief.
▪
The act gave overriding powers to the GG over
his council in extraordinary situations.
▪
It recognized and confirmed the powers of the
Court of Directors in the appointment of
7
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
The Era of Charter Act: 1793-1853
Constitutional
Act
Regulating Act
1773
Pitts India Act,
1784
Charter Act
Govt. of India
Act
Indian Council
Act
Amending
Act of 1786
Charter Act
of 1793
Govt. of India
Act, 1858
Indian Council
Act 1861
Charter Act
of 1813
Govt. of India
Act, 1919
Indian Council
Act 1892
Charter Act
of 1833
Govt. of India
Act, 1935
Indian Council
Act 1909
Charter Act
of 1853
Definition of charter:
▪
A written instrument or contract (such as a deed) executed in due form
▪
A grant or guarantee of rights, franchises, or privileges from the sovereign power of a state or country.
Charter Act
of 1793
Charter Act
of 1853
Charter
Act
Charter Act
of 1833
Charter Act
of 1813
8
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Charter Act of 1793
CHARTER ACT OF
1793
Aimed at renewing the company’s
charter for the next 20 years
Company’s monopoly in trade with India continued
More centralization of Power
The company was allowed to raise its dividends to 10%.
Company to give 5 Lakh British pounds to the British
government
Separated revenue administration and judicial functions
Why the enactment?
▪
It was aimed at renewing the company’s charter
for the next 20 years.
▪
In order to maintained the company's
dominance over the British possessions in India,
the act was enacted.
Features of the Act:
It extended the overriding power of Lord Cornwallis over
his council and Governors of Presidencies. It extended
the trade monopoly of the Company in India for another
period of twenty years.
More Control
▪
Any further acquisition by the company would
be done on the behalf of the crown.
▪
For the appointment of the GG, the Governors,
and Commander-in-Chief, royal approval
mandatory.
▪
Financial Draining
▪
The company was allowed to raise its dividends
to 10%.
▪
Salaries of the staff and members of the BOC
were to be charged from the company.
▪
5 Lakh British pounds to the British government
by the company in every year.
Other Changes
▪
Administrative Change in BOC:
The
composition of the Board of Control changed
into a President and two junior members (not
necessarily members of the Privy Council).
▪
Barred official leaving from India: Senior
company officials could not leave India without
permission otherwise it would be considered as
a resignation.
▪
"Privilege" or "country" trade: The company
was authorized to grant licenses to individuals
and company employees to trade in India.
Centralization of Power
▪
▪
Extension of power: The governor-general is
empowered to disregard the majority in the
Council in special circumstances.
Superseding Power: When the GovernorGeneral was present in Madras or Bombay, he
would supersede in authority over the
governors of Madras and Bombay.
Appointment of VC: In his absence from Bengal,
Governor-general could appoint a Vice
President from among the civilian members of
his Council.
9
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
CHARTER ACT OF 1813
BACKGROUND:
Napoleon Bonaparte is considered a child of the French
Revolution (1789-1799). He introduced a system called
‘Continental System which was the blockade designed
by Napoleon to paralyze Great Britain through the
destruction of British commerce.
Continental System in Europe forbade the import of
British goods into European countries allied with or
British Parliament
dependent upon France. Due to this continental system,
British traders suffered a lot and they demanded a share
of British trade in Asia and the end of the East India
Company's monopoly.
Finally, under the Charter Act of 1813, British merchants
were allowed to trade in India under a strict licensing
system.
Monopoly
Ended
Passed
Charter Act 1813
East India Company
Charter for
another 20
years
Aim
More Regulation
Except Tea
and Opium
Accessibility of Trade to others players
What were in the Act?
▪
▪
Monopoly Ended: Monopoly of East India
company ended after the enactment of Charter
Act of 1813 except for trade in tea, opium, and
with China.
Extension of EIC’s Rule in India: The act
extended company’s rule to another 20 years.
The Charter Act of 1813 Reasserted British
sovereignty over British possessions in India.
who wished to go to India for promoting moral
and religious endowments.
▪
Religious Propagation: Charter Act of 1813
granted permission to Christian missionaries
▪
Controlling Company’s Revenue Profit: The act
regulated the company’s territorial revenues
and commercial profits. The company’s dividend
was fixed at 10.5% per annum.
▪
Made compulsory educational investment in
India: The Charter Act of 1831 included a
provision that Company should invest Rs. 1 Lakh
every year on the education of Indians.
10
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
CHARTER ACT OF 1833
BACKGROUND:
The regulating act of 1773 made it compulsory to renew
the company’s charter after twenty years. Hence, the
charter act of 1793 was passed by the parliament and
extended the life of company for another twenty years
and introduced minor changes in the set-up. The Charter
Act of 1813 provided one lakh rupees annually for the
promotion of Indian education. It also extended the
company’s charter for another twenty years
The Charter Act of 1833 was a significant constitutional
instrument defining the scope and authority of the East
India Company.
▪
The result of the Industrial Revolution showed
itself in the coming of Machine Age in Britain.
There was a great influx of wealth through
export trade.
▪
The labouring class began to agitate for
improvement of their economic condition. The
liberal movement resulted in the Reform Act of
1832.
▪
The principle of laissez-faire was accepted as the
government's attitude toward the industrial
enterprise.
Free Market Competition
Entrepreneurs will decide what to produce
Laissez Faire
Principle
Govt. Should not intervene in the market place
Free market will decide How much each product should be produced
Population Support
Agri-Productivity
Rising of Industrial
Labour
Fertilizers, Farming
Machinery, Extensive
Crops
Industrial Revolution
Navigable Rivers
1760-1840
Stem Engine
Raw Material: Coal
Machinery Support
Roads, Railways
Navigable Rivers
Communication Support
11
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
▪
▪
In this atmosphere of liberalism and reforms,
the Parliament was called upon to renew the
Charter. Parliament was asked to renew the
Charter in 1833.
12
Later,
with
the
recommendation
of
Parliamentary enquiry committee, the Charter
act of 1833 was passed-
Became an
administrative Body
Commercial
Activity Ended
British Parliament
William Bentick as
First GG-INDIA
Passed
Charter Act 1833
GG of
India
GG of
Bengal
East India Company
s
Introduced the idea of competition in ICS
•
Indian Law Commission was established
•
Macauley was its First Chairman
•
Vested with Civil and
Military Power
His council was called
India Council
Governors of Bombay
and Madras lost their
legislative powers.
Key-Provision of the Act:
New name-India Council
Centralization of Administration
▪
Governor-General of Bengal was made the
Governor-General of India.
▪
Bombay and Madras presidencies were lost
their legislative powers.
▪
Civil and military powers were granted to
Governor-General-India
▪
William Bentick became the first governorgeneral of India.
▪
The laws made under the previous acts were
called as Regulations while laws made under this
act were called as Acts.
▪
The Governor-General’s government was called
Government of India and the council was called
India Council.
▪
The GG in council had the authority to amend,
repeal or alter any law British Indian territories
▪
The GG-council was to have four members
again, fourth member had limited powers only.
▪
The decision of the GG will prevail at the time of
dispute on any matter.
EIC▪ became an administrator from commercial body
▪
It ended the activities of the East India Company
as a commercial body.
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
▪
Now, East India Company will act as a
Administrative body
▪
It means monopoly of China trade and trade of
tea which it enjoyed with charter act 1813 was
ended.
Introduction of the idea of Competition
Translate Law into Action
THE CIVIL SERVICE
Court of
Directors
o
CHARTER ACT OF 1833
Collection of revenue
COD of the EIC used to recruit
civil servant
COD Follows nomination cum
Competition in ICS
COD nominates four
times what needed
for the post
Undergo
Competition
For the first time idea of
competition in ICS given
through this act
CHARTER ACT OF 1853
1/4th of the
nominee then
be selected.
Introduced Open
Competition
▪
▪
The act removed restrictions with respect to
religion, colour, caste, and creed in Indian Civil
Service
It provided for the free participation of Indians
in the administration of the country.
▪
It has made merit the only criteria for the
selection.
▪
The act has given the power to the Court of
Directors to nominate annually 4 times as many
candidates as there were vacancies through the
process of competitive examination.
13
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Formation of Law Commission
▪
The Charter Act of 1833 attempted to codify
laws for the first time.
▪
The other three members were J.M. Madeira,
G.W. Anderson, and C.H. Cameron.
▪
The Act provided for the appointment of a
Commission known as the Law Commission.
▪
▪
The objective was to codify and consolidation of
Indian law.
In 1837, the Macaulay Code or the draft of the
Penal Code to the government was then
submitted.
▪
The code of civil procedure was introduced in
1859 followed by the Indian penal code in 1860
and the criminal procedure code in 1862.
▪
In 1834, first Law Commission was appointed
under the chairmanship of Lord Macaulay.
14
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
CHARTER ACT OF 1853
BACKGROUND:
▪
▪
British Parliament has renewed the East India
Company’s charter through ‘CHARTER ACT OF
1853’ but like previous charter (acts of 1793,
1813 and 1833), this act did not mention the
time period.
It was passed during the time of Dalhousie who
was acting as Governor General of India.
▪
Between the Charters of 1833 and 1853, Sind
and the Punjab were annexed to the Company’s
territories (in 1843 and 1849).
▪
Along with that a number of Indian States had
been annexed to the Company’s territories by
Dalhousie. Burma and Pegu were the examples
Favoritism of the GG-India towards Bengal as the
designation change from GG-Bengal to GG-India
Circumstances
that lead TO THE
Enactment of CA1853
After Charter Act of 1833, cases of undue
expenditure by the company came into picture
Demand of decentralization of Power & Indian
shares on administration roses significantly
“These circumstances leading to the renewal of East
India company’s charter in the year of 1853. And, soon
after all, company appointed two committees to look
into the affairs of the company.”
“According to the recommendations and reports of the
committees, British Parliament passed ‘CHARTER ACT
OF 1853’.”
British Parliament
Legislative Functions
Passed
Separated, the legislative and
executive functions of the
Governor- General’s council
Charter Act 1853
Executive Functions
It provided for the addition of six new members to the council
The Act empowered the British Crown to appoint a Law Commission
The number of the members of the court of directors was reduced from 24 to 18
It established an open competition system for civil servant selection and recruitment
This act served as the foundation of the modern parliamentary form of government.
15
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Know the Provisions of CA-1853:
Administrative Changes
▪
The act, for the first time, separated the
legislative and executive functions of the
Governor Generals councils.
▪
This legislative wing of the council functioned as
a mini-Parliament, adopting the same
procedures as the British Parliament.
▪
The act provided for the addition of six new
members to the council and it created a distinct
Governor General's Legislative Council, which
became known as the Indian Legislative Council.
▪
The legislative wing of the Governor-General’s
Council acted as a parliament on the model of
the British Parliament.
Regulating Act of 1773
GG-Bengal
Executive Council with 4
members
Charter Act of 1813
Charter Act of 1853
GG-Bengal
GG-India
GG-India
Executive Council with 3
members
Indian Council with 4
members
Indian Legislative
Council with 6 members
Pitts India Act, 1784
Reduction of number of Directors
•
The act reduces the number of the members of
the court of directors from 24 to 18 out of which
6 were to be nominated by the Crown.
Introduction of an open competition in ICS
▪
The act introduced an open competition system
of selection and recruitment of civil servants.
▪
In order to serve the purposes, a committee on
the Indian Civil Services called ‘Macaulay
Committee’ was appointed.
Empowerment of British Crown
▪
▪
Through this act, law member became a full
member of the Governor-General’s Executive
Council
Also, it has provided the power to the British
Crown to appoint a Law Commission in England
to examine the drafts and reports of the Indian
Law Commission.
16
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
THE CIVIL SERVICE
CHARTER ACT OF 1833
For the first time idea of
competition in ICS given
through this act
CHARTER ACT OF 1853
Introduced an open
competition system of
selection and recruitment.
Introduction of Open
Competition
Constituted Macaulay Committee
1854
Took away the power of
Court of Directors for
Nomination
For regulation regarding age,
qualification etc.
17
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
CROWN RULE -1858-1947
GOVERNMENT OF INDIA ACT 1858
THE ERA OF CROWN RULE- 1858-1947
Government of India Act of 1858
Indian Councils Act of 1861
India Council Act of 1892
Indian Councils Act of 1909
Government of India Act of 1919
Government of India Act of 1935
Indian Independence Act of 1947
The present administrative system is largely a legacy of
the British Rule. The various functional aspects such as
political set-up, public services, education system,
district administration, local administration have their
roots in the British rule. Most of it evolved in pre-revolt
period but its systematic consolidation took place under
direct British rule i.e., after 1858.
of Revolt of 1857 that interns gave fillip for the
development of ‘GOI 1858’, few among them were-
BACKGROUND:
•
Revolt of 1857 is considered to be the greatest challenge
to the British rule in the middle of 19th century that not
only shook the East India Company but gave the home
government in Britain an opportunity to step in and take
the place of East India company.
The Sepoy Mutiny, the Indian Mutiny, the Great
Rebellion, the Revolt of 1857 and the First War of
Independence gave impetus to the enactment of
Government of India Act 1858.
The act also known as ‘The Act of Good Governance’.
There were multiple factors that led to the development
•
•
•
Political Cause- Doctrine of Lapse.
Social and Religious Cause - The abolition of
practices like sati and female infanticide
Economic Cause - The heavy taxes on land and the
stringent methods of revenue collection
Military Causes -Indian sepoy was paid less than a
European sepoy of the same rank
On August 02, 1858, the British Parliament passed the
GOI, 1858 to hand over the administrative control of
British India from the East India Company to the Crown.
Queen Victoria became THE MONARCH of the sovereign
of British territories in India, with the title “Empress of
India” as a result of this Act. Now onwards, Indian
territories of Britain were to be governed in the name of
the British Queen
18
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
British Parliament
Abolition of Dual
government
Company Rule ended &
Crown Rule started
Abolition of Court of
Director & Board of Director
Company
Rule
Stanley was selected the
First Secretary of State
for India
Assisted by 15 member’s
advisory body
Revolts of
1857
Queen Victoria became the
Monarch of India
Govt. of India
Act 1858
Crown Rule
Lord Canning was the first
Viceroy of India.
Creation of a new office
’Secretory of State’
GG-India became Viceroy of
India
India Council or
Executive Council
Executive Council
KEY PROVISION OF THE ACT:
▪
The secretary of state was also a member of the
British Cabinet
Abolition of Dual Government
▪
Stanley was selected the First Secretary of State
for India
▪
GOI 1858 also known as 'Act for Good
government of India’
▪
Secretary of state assisted through 15 members
advisory councils.
▪
The Act ended the Dual government that was
initiated through Pitt’s India act
▪
▪
The powers of the Company’s Court of Directors
were transferred to the Secretary of State.
The post was the main channel of
communication between British Government
and India.
Creation of a new office ‘Secretary of State or
(SOS)’▪
▪
The act created a new office called ‘Secretary of
State’ for India
Basically ‘SOS’ was appointed from a Minister of
Parliament in Britain.
Governor General of India replaced by
Viceroy of India
▪
The Act officially transferred the power,
territories and revenues to the British Crown.
▪
The act changes ethe designation GG-India to
that of Viceroy of India.
▪
Canning was the first Viceroy of India.
19
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
▪
He was assisted by an executive council
▪
▪
The viceroy was the direct representative of the
British Crown in India.
Government of India Act 1858 ended the
doctrine of lapse started by Dalhousie.
▪
Provisions were made for Indians also to be
admitted to the Indian civil service.
▪
It was decided that the remaining Indian princes
and chiefs would have their independent status
provided they accept British suzerainty.
Other provisions
▪
The Viceroy and the Governors of the various
presidencies were to be appointed by the
Crown.
British Parliament
Report to
Secretary of State
Directly responsible to the British Parliament
Report to
Viceroy of India
All the authority for the governance in India (civil, military,
executive & legislative) was vested in Governor General in
Councils
Report to
Governors or
Lieutenant Governor
Used to manage administration at the provincial level. And
Lieutenant also aided by his executive councils
20
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
INDIAN COUNCILS ACT OF 1861
BACKGROUND:
Centralization of power reached its zenith till Charter Act
of 1833. Soon, after the 'Revolt of 1857', British
Parliament passed 'Government of India Act' 1858 and
beginning of decentralization of power started as to end
the company rule.
Under the crown rule it was merely possible to
establish a government in India without Indian
participation. It was a need for the Britishers to get
cooperation of the Indians in the administration.
So, the British Parliament passed three acts in 1861,
1892 and 1909 respectively.
The Indian Councils Act
Indian Councils Act of 1861
India Council Act of 1892
India Council Act of 1892
The central administration in India continued to remain
in the hands of the Governor-General who was also
given the new title of Viceroy and an executive council
was formed to help the Governor General.
The Councils Act of 1861 provided for expansion of
Executive Council and the number of its members raised
from 4 to 5 and its nomenclature was changed to
‘Imperial legislative Councils’.
Formation of representative institution▪
It made a beginning of representative
institutions by associating Indians with lawmaking
▪
The act provided for expansion of Executive
Council.
▪
The number of Executive Council’s member was
raised from 4 to 5
▪
The nomenclature was changed to Imperial
Legislative Councils.
▪
The GG had the right of increasing the strength
of the council by adding not less than 6 and not
more than 12 members.
▪
Viceroy nominated some Indians as non-official
members of his expanded council
▪
Canning nominated- Raja of Banaras, the
maharaja of Patiala and Sir Dinkar Rao
KEY PROVISIONS OF THE ACT:
Beginning of decentralization of Power▪
Centralization that was started through
Regulating Act of 1773 reversed the trend after
the enactment of 1858 Act.
▪
The Act restored the legislative powers of the
Bombay and Madras presidencies.
▪
Establishment of new Legislative councils for
Bengal, North-Western Frontier Province and
Punjab
21
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
▪
Formation
of Portfolio System▪
The act provided for the Portfolio System.
▪
▪
Under the system, members of Viceroy's council
were made in charge of one or more
departments of the Government.
Ministers were entitled to issue final orders on
behalf of the council on the matters of the
concerned department.
Starting of
decentralization of Adm.
Formation of
representative Institution
Indian Councils Act
of 1861
Provided for Portfolio
System
Introduced indirect
elections (nomination).
Others Provisions▪
The Councils Act of 1861 forbade the
transactions of any other business.
▪
The act authorised G-G to divide and alter the
limits of any presidency, provinces or territory.
▪
Viceroy could make provisions for convenient
transactions of business in the council
▪
According to the act, G-G had the power to
appoint lieutenant governors.
▪
As per the Act, there was no distinction between
the central and provincial subjects.
▪
▪
The Central government dealt with the subjects
like public debt, finance, post office, Telegraph
etc.
The act also provided for issuance of ordinance
by the Viceroy without the concurrence of the
council during an emergency.
▪
However, the life of such an ordinance was six
months.
22
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
INDIAN COUNCILS ACT OF 1892
The Indian councils act of 1892 gave the Indian an
opportunity to participate in the legislative process and
understand the rules and procedures associated with
the same. The Act also provided for discussion of
legislative proposals including Budget.
in 1885 created a several demands to the British
authorities.
▪
BACKGROUND:
▪
The growing nationalism among the masses
after the formation of Indian National Congress
The Viceroy, Dufferin set up a committee to look
into the matter. But the Secretary of State did
not agree to the plan of direct elections. He,
however, agreed to representation by way of
indirect election.
British Parliament
INDIAN NATIONATIONAL
CONGRESS, 1885
INDIAN COUNCILS ACT OF
1892
DEMANDS
1.
2.
3.
4.
5.
6.
1. Increased the number of additional or
non-official members
2. In 1892, out of 24 members, only 5
were Indians.
3. Members were given the right to ask
questions on the budget
4. first step towards a representative form
of government
Reform in Legislative Councils
The principle of election instead of nomination
Right to hold discussions on financial matters
Simultaneous ICS examination in England and India
Opposition to Upper Burma's annexation.
Military spending should be reduced
KEY FEATURES OF THE ACT:
▪
The act increased the number of additional
(non-official) members in the Central and
provincial legislative councils.
▪
It increased the functions of legislative councils
and gave them the power of discussing the
budget and addressing questions to the
executive.
▪
It provided for the nomination of some nonofficial members of theo
Central Legislative Council by the viceroy on
the recommendation of the provincial
legislative councils and the Bengal Chamber
of Commerce, and
o
▪
that of the provincial legislative councils by
the Governors on the recommendation of
the
district
boards,
municipalities,
universities, trade associations, zamindars
and chambers.
‘The act made a limited and indirect provision
for the use of election in filling up some of the
non-official seats both in the Central and
provincial legislative councils.
IMPORTANCE OF THE ACT
▪
It was the first step towards the beginning of the
Parliamentary system.
23
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
▪
Members were allowed to debate on budget but
barred from asking follow-up questions.
▪
The size of the Legislatures both at the Centre
and in the provinces was enlarged.
INDIAN COUNCILS ACT OF 1909
The promulgation of the Indian Councils Acts of 1909
was a political answer of the government to the phase of
turmoil and militant activities that followed the Indian
council Act of 1892. It was true attempt at introducing a
representative and popular element in India.
BACKGROUND:
▪
▪
After announcement of the division of Bengal in
1905 by Curzon, there was huge revolt in
different places of Bengal. Hindu-Muslim unity
was the main feature of the protests.
The demand of Indian National congress was not
met through the Indian Councils Act of 1892. INC
pressurized the British government for
additional reforms and self-Government.
▪
In 1906, Indian National Congress for the first
time demanded home rule. Gopal Krishna
Gokhale met with Morley to stress the
importance of changes.
▪
In October 1906, a group of Muslim elites called
the Shimla Deputation, led by the Agha Khan,
met Lord Minto and demanded separate
electorates for the Muslims.
▪
Soon, British rulers comprehended that there
was an urgent need of political reforms. Keeping
in view of the above, British Parliament revised
the Indian Council Acts of 1861 & 1892.
THE ACT:
▪
Indian Council Acts of 1909 also known as Morley-Minto Reform.
▪
At the time of enactment, SOS for Indian Affairs John Morley and the Viceroy Minto.
▪
It introduced for the first time the method of election.
▪
The Act amended the Indian Councils Acts of 1861 and 1892.
Morley was
Secretary of State
Indian Councils Act
of 1892
Indian Councils Act
of 1909
Also Called Morley-Minto
Reforms
Nature
To Curb Nationalistic Feelings
Part of the British Divide & Rule Policy
Development of Communalism among masses
Minto was the
Viceroy
24
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
OBJECTIVE:
▪
The act was an expression of British Imperial Power.
It was definitely the part of British Divide and Rule
Policy.
Morley -Minto
Reforms
▪
The prime objective was to curb nationalistic
feelings that was growing among Indians after the
announcement of division of Bengal.
▪
The development of communalism was the one of
the objectives. Minto was called as ‘Father of
Communal Electorate.
Separate Electorate System
Separate Muslim Constituency
Change in legislative Councils
Change in Size of
the Councils
Ex officio members: Governor-General
and members of the executive council.
Legislative Councils of Punjab, Burma and
Assam – 30 members each
Nominated non-official members:
nominated by the Governor-General
Legislative Councils of Bengal, Madras,
Bombay and United Provinces: 50
members each from 16 to 60 members
Elected members: elected by different
categories of Indians.
KEY PROVISIONS OF THE ACT:
Introduction of Communal representation for
Muslims
Enlargement of Legislative CouncilsIndian councils Act of 1909 increased the size at the
central and provincial level. The number of members
in the Central Legislative Council was raised from
16to 60.
At Central and
provincial Level
Change in Category
of members
Central Legislative Council: from 16 to 60
members
▪
Only Muslim Can cast their
vote to elect
representative
▪
The act introduced a system of communal
representation for Muslims by accepting the
concept of ‘separate electorate’.
▪
There were establishment of separate constituency
for Muslims so that Muslim community can cast
their vote to elect their representative
25
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Now members allowed to ask
supplementary questions
Association of Indians with the Executive CouncilsThe act provided for the association of Indians with
the executive Councils of the Viceroy and Governors.
Satyendra Prasad Sinha became the first Indian to
join the Viceroy’s Executive Council.
THE ANALYSIS:
▪
Indian council act was part of the British divide and
Rule policy. It was not a solution for Indian political
system rather it increased the Indian problems
▪
To increase the divide between Muslims and Hindus,
separate constituencies were created. These gave
rise to communal problem in the election in India
along with development of communalism
Now, members were allowed to ask supplementary
questions, move resolutions on the budget, and so
on which debarred them in earlier reforms.
▪
Indirect election and Limited power of legislative
councils were the other drawback of the Act. At the
same time, it is to be admitted that there was some
merit in Indian Councils Act of 1909 as it gave rise to
the representative institution.
▪
The enlargement of legislative councils further led to
the demand of Indianization of Legislative Councils.
26
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
GOVERNMENT OF INDIA ACT 1919
formed the basis of the Government of India Act
1919.
BACKGROUND:
▪
▪
Because of the pressure generated through
Home Rule Movement by Annie Beasant and
Tilak led to the development of these
constitutional reforms. There were others
reasons too.
▪
The reforms were outlined in the MontaguChelmsford Report prepared in 1918 and
In 1918, Edwin Montagu produced a scheme of
constitutional reforms, known as the MontaguChelmsford (or Mont-Ford) Reforms, which led
to the enactment of the Government of India
Act of 1919.
THE ACT:
▪
Mont-Ford Reforms led to the enactment of the
Government of India Act of 1919.
▪
The sole purpose of this Act was to ensure Indians of
their representation in the Government.
▪
Edwin Montagu was the Secretary of State, and
Chelmsford was the Viceroy at that time.
▪
The Act introduced reforms at the Central as well as
Provincial levels of Government
▪
BRITISH PARLIAMENT
▪
Montague was
Secretary of State
Government of
India Act 1919
Result of Montague
Chelmsford Reforms
Reforms in central Levels
Chelmsford was
the Viceroy
Reforms in provincial Levels
Central Level Government
Reforms
in Executive
• Foreign
Affairs, Defence, Political Relations,
KEY PROVISIONS OF THE ACT:
Communications Public Debt, Civil and Criminal
Laws, Wire services etc.
Subjects
The subjects that were important for national
importance held by the central government. The
subjects were are as follows
▪
GOI 1919 made the Governor-General the chief
executive authority.
27
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
▪
Viceroy Executive Council contains eight members
out of three were Indians.
▪
The governor-general had given the power to issue
ordinances.
•
•
Central List- Defence, foreign affairs, railways,
telegraph, foreign trade, currency etc.
Provincial List – Health, sanitation, education
irrigations etc.
CENTRAL LEGISLARTURE
Central Legislative Assembly
Councils of State
Lower House
Upper House
Composition
Composition
Total - 60
Total - 145
41 nominated (26 official and 15 non-official
members)
104 elected (52 General, 30 Muslims, 2 Sikhs,
20 Special).
26 nominated
34 elected (20 General, 10 Muslims, 3
Europeans and 1 Sikh).
Reforms in Legislature
•
NEXT the provincial subjects were divided into
two heads such as- Reserved & Transferred
1919 introduced bicameral legislature: •
•
The Lower House or Central Legislative
Assembly
The Upper House or Council of State.
Legislators under the act could as ask questions and
supplementary questions as well, pass adjournment
motions and vote a part of the budget, but 75% of the
budget was still not votable.
Understanding of Dyarchy
DYARCHY AT PROVINCES
▪
GOI 1858 introduced diarchy at provinces for the
executive at the level of the provincial government.
▪
For the first time, the diarchy was implemented in
eight provinces:
▪
Assam, Bengal, Bihar and Orissa, Central Provinces,
United of
Provinces,
Bombay,
Madras and Punjab.
Division
subjects:
-
The Government of Indian act 1919 provided for
establishment of dyarchy in the provinces. For this
purpose, the rights of the central and provincial
governments were divided. The Central list & provincial
list were prepared-
o
Subjects were divided into two lists:
‘Reserved’ and ‘Transferred’.
28
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
o
▪
▪
Reserved List: The subjects were to be
administered by the governor through his
executive council.
o It included subjects such as law and order,
finance, land revenue, irrigation etc.
Transferred Subjects: The subjects were to be
administered by ministers nominated from among
the elected members of the legislative council.
It included subjects such as education, health, local
government, industry, agriculture, excise, etc.
In case of failure of constitutional machinery in the
province the governor could take over the
administration of transferred subjects also.
Reforms Regarding Power of the Viceroy &
Governors
Powers of Viceroy:
Reforms in Legislature
Provincial legislative councils were further expanded
and 70% of the members were to be elected.
▪
The system of communal and class electorates was
further consolidated. Women were also given the
right to vote.
▪
The legislative councils could reject the budget but
the governor could restore it, if necessary.
The Legislature was addressed by the Viceroy.
▪
He could call for the meetings, or adjourn the
meetings or even repeal the Legislature.
▪
The tenure of the Legislature was 3 years, which
could be extended by the Viceroy, as he saw fit.
Powers of the Governor:
The administration of the reserved subjects was to be
carried on by the governor with the help of his executive
councillors while governor administers the transferred
subjects with the help of his Indian minister who were
chosen by him from among the members of the
legislative councils.
▪
▪
▪
The Governor could overrule the ministers on
any grounds.
▪
He retained complete control over the finances.
▪
The legislative councils could initiate legislation
but the governor’s assent was required.
▪
The governor could veto bills and issue
ordinances.
Two Classes of Administrators
Diarchy
Executive Councilors
Ministers
Governor was given-
Ministers were given-
Reserved Lists
Transferred Lists
Subjects: law and order, irrigation,
finance, land revenue, etc.
Subjects: education, local
government, health, excise, industry,
public works, religious endowments,
etc.
29
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
ANALYSIS OF THE ACT-
Negative Side of the Act-
Positive Side of the Act-
▪
No responsible government was envisaged.
▪
Participation of Indian in the administration had
increased.
▪
Division of subjects were not satisfactory at the
centre.
▪
The concept of federal structure came into picture.
▪
▪
Indian Women got the right to vote for the first time.
Even subject division was not well thought for
example- Irrigation was transferred subject and
finance was reserved one
▪
At the centre, the legislature had no control over the
viceroy and his executive council.
▪
At the provincial level, the provincial ministers had
no control over finances and over the bureaucrats.
▪
GOI 1919 extended consolidated and communal
representation.
Therefore, it can be said that GOI 1919 was not a positive
step as per as constitutional reforms in concern, because
it was marked by limitation.
30
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
GOVERNMENT OF INDIA ACT 1935
GOI 1935 was a major development in the history of the
constitution as most of the provision of the Indian
constitution inspired from this act itself. Most of the
provision that we see in the Indian constitution are taken
from Government of India Act 1935.
In August 1935, Government of India Act 1935 was
passed with 321 sections and 10 schedules. This was the
longest act passed by the British Parliament so far.
Various aspects led to the development of Government
of India Act that are▪
▪
▪
▪
L-1
Simon Commission Report
Round Table Conference Recommendation
Joint Selection Committee Report
White Paper published in 1933 by the British
Government.
Mont-ford Reform 1917
Background:
▪
British government appointed a seven-member
commission on in November 1927 under John
Simon to report on the condition of India under
its new constitution.
▪
Indians boycotted this statutory commission as
there was no Indian members. The commission
submitted its report in 1930 and recommended
several developments.
▪
British government convened three round table
conference with the representatives of British
government, British India and Indian princely
state.
▪
On the basis of these conference, ‘White Paper
on Constitutional Reforms’ was prepared that
incorporated in the next Government of India
Act 1935.
Mont-ford report 1918
GOI, 1919
Introduction of Dyarchy at provinces
On the mounting pressure from
Indian side, government appointed
a committee in 1924 where two
Indian members added namely
Nehru & Sapru to study the problem
of dyarchy & GOI 1919 as a whole.
Muddiman Committee 1924
31
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Simon Commission 1927
L-2
Rejected by Indians
Nehru report 1928
Rejected by British
To consider the proposal
of the Simon Commission
Communal Award 1932
L-3
CDM 1930
RTC-I, II, II 1930-31
White Paper 1933
Puna Pact
Proposal for
Constitution
Govt. India Act 1935
KEY PROVISIONS OF THE ACT:
Diarchy at the centre
Creation of All India federation
▪
It provided for the establishment of an All-India
federation consisting of provinces and princely
states as units.
▪
The provinces in British India would have to join
the federation but this was not compulsory for
the princely states.
▪
Introduction of Bicameralism
▪
Creation of three set of lists▪
It divided the powers between the centre and units
in terms of three lists- Federal list, provincial list and
the concurrent list. Residuary powers were given to
the Viceroy.
Diarchy was abolished from the provinces which was
introduced earlier by Government of India Act 1919
and introduced ‘provincial autonomy’ in its place
Bicameralism was introduced in six provincesBengal, Bombay Madras, Bihar, Assam and the
United Provinces
Federal Court
▪
Abolition of dyarchy▪
It provided for the adoption of dyarchy at the centre.
However, this provision did not come into effect at
all
A federal court was established at Delhi for the
resolution of disputes between provinces and also
between the centre and the provinces.
Abolition of Indian Council
▪
The Indian Council was abolished. The Secretary of
State for India would instead have a team of
advisors.
32
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
commission, joint public service commission, federal
court, Reserve Bank of India.
Setting up of Several Bodies
•
The act provided for setting up- Federal public
service commission, provincial public service
THE ANALYSIS OF THE ACTNegative Side of the Act▪
Through this act, diarchy was replaced from
provinces to centre
▪
There were some intricate issues according to
congress which was the part of GOI Act, 1935.
▪
Full autonomy was not given to provinces
▪
The act was not leading to the formation of
constituent assembly.
▪
Therefore, we can say that constitutional
reforms were not because some inherent
weaknesses were there.
Positive Side of the Act▪
It was a major step towards constitution making.
The evolution of constitution that began with
regulating act of 1773 got completed in GOI Act
1935.
▪
The act represented of no return and it was a
major source of the development of constitution
inn post independent period
▪
Most of the features of the act formed major
part of the present-day constitution, among
them are- Federal Legislature, Provincial
Autonomy, office of the governor etc.
▪
This Act introduced direct elections in India for
the first time. The impact of the act was so great
that constitution was formed in a very small
period of time.
33
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Making of the Constitution
Gradual Demand of Constitution-Background
In 1934
The idea of a Constituent Assembly for India was put forward for
the first time by M.N. Roy
In 1935
INC for the first time, officially demanded a Constituent Assembly to
frame the Constitution of India.
In 1938
Jawaharlal Nehru, on behalf the INC declared that ‘the Constitution
of free India must be framed, without outside interference, by a
Constituent Assembly elected on the basis of adult franchise’.
In 1940
Through ‘August Offer of 1940’, the demand was finally accepted by
the British Government.
In 1942
Stafford Cripps came with a draft proposal on framing of an
independent Constitution to be adopted after the World War II.
(Rejected)
In 1946
After rejecting Cripps proposal by Muslim league, On the basis of the
framework provided by the Cabinet Mission, a Constituent Assembly
was constituted on 9th December, 1946.
“This Constituent Assembly declares its firm
and solemn resolve to proclaim India as an
Independent Sovereign Republic and to
draw up for her future governance a
constitution:”
Objectives Resolution
On December 13, 1946, Jawaharlal Nehru moved the
historic ‘Objectives Resolution’ in the Assembly. It laid
down the fundamentals and philosophy of the
constitutional structure. It read:
▪
Wherein the territories that now comprise British
India, the territories that now form the Indian
States, and such other parts of India as are outside
India and the States as well as other territories as are
34
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
willing to be constituted into the independent
sovereign India, shall be a Union of them all;
▪
Wherein the said territories, whether with their
present boundaries or with such others as may be
determined by the Constituent Assembly and
thereafter according to the law of the Constitution,
shall possess and retain the status of autonomous
units together with residuary powers and exercise
all powers and functions of Government and
administration save and except such powers and
functions as are vested in or assigned to the Union
or as are inherent or implied in the Union or
resulting therefrom; and
▪
Wherein all power and authority of the Sovereign
Independent India, its constituent parts and organs
of Government are derived from the people; and
▪
Wherein shall be guaranteed and secured to all the
people of India justice, social, economic and
political; equality of status of opportunity, and
before the law; freedom of thought, expression,
belief, faith, worship, vocation, association and
action, subject to law and public morality; and
▪
Wherein adequate safeguards shall be provided for
minorities, backward and tribal areas, and
depressed and other backward classes; and
Cabinet Mission
Constituent
Assembly
▪
Whereby shall be maintained the integrity of the
territory of the Republic and its sovereign rights on
land, sea and air according to justice and the law of
civilized nations; and
▪
This ancient land attains its rightful and honoured
place in the world and makes its full and willing
contribution to the promotion of world peace and
the welfare of mankind”.
Constitution in-Making
On the basis of the framework provided by the
Cabinet Mission, a Constituent Assembly was
constituted on 9th December, 1946.
The first meeting of the Constituent Assembly took
place on December 9, 1946 at New Delhi with Dr
Sachidanand being elected as the interim
President of the Assembly.
However, on December 11, 1946, Dr. Rajendra
Prasad was elected as the President and H.C.
Mukherjee as the Vice-President of the Constituent
Assembly.
Arrived on 24 March, 1946
Dr Sachidanand
As an interim President
Dr. Rajendra Prasad
Elected President
35
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Composition of the Assembly
Initial Strength- 389 members
•
•
•
Elected through provincial assembly elections: 292 members
Representation from Indian Princely State: 93 members
Representation from Chief
Commission
Provinces:
4
members
Final Strength- 299 members
•
Due to India-Pakistan partition, the strength has reduced under the Mountbatten plan of
3rd August 1947.
Results of the elections to the Constituent
Assembly (July-Aug 1946)
Community-wise representation in the
Constituent Assembly (1946)
S. No
Name of the Party
Seats On
S.No
1
Congress
208
1.
Hindus
163
2
Muslim League
73
1.
Muslims
80
3
Unionist Party
1
4
Unionist Muslims
1
1.
SC
31
5
Unionist Scheduled Caste
1
4.
Indian Christians
6
6
Krishak -Praja Party
1
5.
Backward Tribes
6
7
Scheduled Caste Federation 1
6.
Sikhs
4
8
Sikhs (Non-congress)
1
7.
Anglo-Indians
3
9
Communist Party
1
8.
Parsis
3
10
Independents
8
Total
296
Total
296
Community
Working of the constituent assembly
First meeting: December 9, 1946
Sessions: Held 11 sessions over two years, 11 months and 18 days
Last Session: held on January 24, 1950
Strength
36
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Main & Other Functions of the Constituent Assembly
The main function of the constituent Assembly was making of the Constitution and enacting of the ordinary
laws. Other functions were-
o
o
o
o
It rectified the membership enrolment in the commonwealth in May 1949.
It adopted the national flag on July 22, 1947.
It adopted the national anthem on January 24, 1950.
It adopted the national song on January 24, 1950.
Major Key-Points:
9 December 1946
The Constituent Assembly started its first session for the Constitution.
11 Sessions
17 Committees
Number of sessions the Constituent Assembly had to complete the
Constitution.
Number of committees formed in the Constituent Assembly.
299 Members
Number of members of the Constituent Assembly.
284 Members
Number of members who finally signed the Constitution.
15 Women
Number of women in the Constituent Assembly.
165 Days
Number of days for which the Constituent Assembly held meetings.
2 years, 11 months, 17
days
The time it took to finish the Constitution.
Drafting Committee
▪
Among all the committees of the Constituent
Assembly, the most important committee was the
Drafting Committee set up on August 29, 1947.
▪
It was this committee that was entrusted with the
task of preparing a draft of the new Constitution. It
consisted of seven members; they were-
Members
Dr. B R Ambedkar (Chairman)
N Gopalaswamy Ayyangar
Alladi Krishnaswamy Ayyar
Dr K M Munshi
Syed Mohammad Saadullah
N Madhava Rau
T Krishnamachari
37
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Committees of the
Constituent Assembly
Major Committees
•
•
•
•
•
Minor committees
•
Union Powers committee: by J Nehru
Union Constitution committee: by J.L.
Nehru
Provincial constitution committee: by S
Patel
Drafting committee: by Dr BR Ambedkar
Advisory committee on FR’s, minorities:
by S Patel
•
•
•
•
Sub-committees:
•
•
•
FR sub-committee: JB Kripalani
Rule procedure committee: Dr
Rajendra Prasad
o States committee for
negotiating with states: J
Nehru
Steering committee: Dr Rajendra
Prasad
o
Enactment of the Constitution:
▪
The motion on Draft Constitution was declared as
passed on November 26, 1949, and received the
signatures of the members and the President. This is
also the date mentioned in the Preamble as the date
on which the people of India in the Constituent
Assembly adopted, enacted and gave to themselves
this Constitution.
▪
Committee on the functions
of the constituent Assembly:
GV Mavlankar
Order of Business
committee: Dr KM Munshi
House committee: B
Pattabhi Sitaramayya
Ad-hoc committee on the
National flag: Dr Rajendra
Prasad
Special committee to
examine the draft
constitution: Alladi
Krishnaswami Ayyar
Since then, Constitution Day (National Law Day),
also known as Samvidhan Divas, is celebrated in
India on 26 November every year to
commemorate the adoption of Constitution of
India.
The Constitution as adopted on November 26, 1949,
contained a Preamble, 395 Articles and 8 Schedules.
38
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Chronology of Event
First meeting held on December 9, 1946
In December 11, 1946, the Assembly elected Dr. Rajendra Prasad as its permanent
Chairman.
The Constituent Assembly set up 13 Committees for framing the constitution.
The draft constitution was published in January 1948.
People were given eight months to discuss the draft and purpose amendments.
After discussion, the same was finally adopted on November 26, 1949.
Adopted constitution contained a Preamble, 395 Articles and 8 Schedules.
The original copies of the Indian Constitution, written in Hindi and English.
sz
handwritten Constitution was signed on 24th January, 1950 by 284 member
Final Constitution came into effect on 26 January 2022.
Enforcement of the Constitution
▪
▪
The remaining provisions (the major part) of the
Constitution came into force on January 26, 1950.
This day is referred to in the Constitution as the
‘date of its commencement’, and celebrated as the
Republic Day.
▪
January 26 was specifically chosen as the ‘date of
commencement’ of the Constitution because of its
historical importance. It was on this day in 1930 that
Purna Swaraj day was celebrated, following the
resolution of the Lahore Session (December 1929) of
the INC.
Some provisions of the Constitution came into force
on November 26, 1949 itself. It contained:
o
Provisions pertaining to citizenship,
elections,
provisional
parliament,
temporary and transitional provisions, and
short title contained in Articles 5, 6, 7, 8, 9,
60, 324, 366, 367, 379, 380, 388, 391, 392
and 393.
39
BRIEF HISTORY OF CONSTITUTIONAL DEVELOPMENTS
Sources of Constitution
Source
Features Borrowed
Federal Scheme, Office of Governor, Public Service
Government of India Act, 1935
Commissions, Emergency provisions and administrative details
The Parliamentary system of the government, the rule of law,
British Constitution
legislative procedure and a single citizenship, cabinet system,
prerogative writs, parliamentary privileges, bicameralism
Independence of Judiciary, Judicial Review, Fundamental Rights,
and guidelines for the removal of judges of the Supreme Court
U.S Constitution
and High Courts, Impeachment of the President, Post of VicePresident
The federal system with a strong central authority, residuary
Canadian Constitution
powers of Centre, Appointment of Governors, Advisory
jurisdiction of Supreme Court
Constitution of the Republic of Directive Principles of State Policy, nomination of members of
Ireland
Rajya Sabha, Election of the President
The idea of a concurrent list, Freedom of trade, commerce and
Austrian Constitution
inter-course, and joint sitting of two Houses of Parliament
Weimar constitution
Suspension of Fundamental Rights during Emergency
Fundamental duties, ideals of justice (social, economic and
Soviet Constitution
political) in preamble
Procedure for amendment of the Constitution and Election of
South African Constitution
members of Rajya Sabha
Japanese Constitution
Procedure established by law
CRITICISM OF CONSTITUENT ASSEMBLY
The critics have criticised the Constituent Assembly on various grounds. These are as follows:
•
•
Consumed long time: It consumed long time to frame the constitution
•
•
•
•
Not was a Sovereign Body: Constituent Assembly was not a Sovereign body.
Domination of Congress: The body majorly dominated by the INC.
No Direct Election: Members were not directly elected to frame Constitution.
Domination of Hindus: The majority members were Hindus.
Not a Representative Body: Constituent Assembly was not a representative body as its members
were not directly elected by the people.
40
PREAMBLE OF THE CONSTITUTION
PREAMBLE OF THE CONSTITUTION
A
lmost every country in the world has its
Preamble. The Constitution of America was the
first to begin with a Preamble. The Preamble is
an identity card which tells about Ideals, Philosophies
and bedrock of Constitution.
MEANING OF THE PREAMBLE
▪
Preamble is a key to unravel the minds of the makers
of the Constitution. It is the Preamble that serves as
an introduction to the Constitution.
▪
It shows the general purpose for which the
Constituent Assembly made the several provisions in
the Constitution. It also embodies the ideals and
aspirations of the people of India.
▪
In our constitution, it presents the intention of its
framers, the history behind its creation, and the core
values and principles of the nation.
LINK OF PREAMBLE TO ‘OBJECTIVE
RESOLOTION’
▪
In December 1946, the foundations of the Preamble
were laid down in the ‘Objectives Resolution’
moved by Jawaharlal Nehru before the Constituent
Assembly.
▪
The objective resolution contains the aspirations of
people who were making the Constitution. These
resolutions were adopted on 22nd January, 1947 by
the assembly.
Sovereign,
socialist,
secular, democratic and
republican polity.
November 26, 1949 as the
date
Date of its adoption
Nature of the Indian State
Reflections of
the Preamble
Statement of Its objective
Sources of the Constitution
justice, liberty, equality
and fraternity
Derives its authority
from the people of
India.
1
PREAMBLE OF THE CONSTITUTION
Preamble of the Constitution
THE PREAMBLE STATES THAT-
Source of Preamble
We, THE PEOPLE OF INDIA, having solemnly resolved to
constitute India into
Nature of Indian State
a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizen;
Types of Justice
JUSTICE, Social, Economic and Political
Types of Liberty
LIBERTY of thought, expression, belief, faith and worship;
Types of Equality
EQUALITY of status and opportunity; and to promote
among them all;
Types of Fraternity
Date of Adoption
Acceptance
FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th day of
November,1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION’.
2
PREAMBLE OF THE CONSTITUTION
THE KEY WORDS IN THE PREAMBLE
o
Sovereign power is that which is absolute and
uncontrolled. A State is sovereign where there
resides within itself a supreme and absolute
power acknowledging no superior.
o
Thus, the word sovereign emphasizes that India
is independent and no more dependent upon
any outside authority.
o
Democratic socialism- holds faith in a ‘mixed
economy’ where both public and private sectors
co-exist side by side
o
Indian socialism is a blend of Marxism and
Gandhism, leaning heavily towards the
Gandhian socialism
Sovereign
o
‘Sovereign’ implies that India is neither a
dependency nor a dominion of any other
nation, but an independent state- free to
conduct its own affairs (both internal and
external)
Socialist
o
o
Congress party itself adopted resolution to
establish a ‘socialistic pattern of society’. This
pattern was adopted in Avadi Session of
congress in 1955.
Indian brand of socialism is a ‘democratic
socialism’ and not a ‘communistic socialism’
(also known as ‘state socialism’)
Democratic Socialism
Parliamentary democracy
Emphasis on Individual liberty
Mixed of Public and private Sector
Equality of opportunity is the main goal
Secular
o
The term secular also was added by the 42
Constitutional Amendment act 1976.
o
India has positive concept of secularism i.e., all
religions in our country (irrespective of their
strength) have the same status and support
from the state.
o
India proclaimed itself as a secular state and not
only neutral in religious matters but also treats
all religions impartially.
o
The aim of the Indian Constitution as a secular
Constitution is the realization of political, social,
economic equality and justice for at respective
of caste, creed, race, colour or other artificial
barriers.
3
PREAMBLE OF THE CONSTITUTION
Democratic
o
The term Democratic indicates that the
Constitution has established a form of
government which gets its authority from the
will of the people expressed in an election.
o
The democratic set up that is being followed in
India is called Representative Democracy
because
the
people
choose
their
representatives who carry on the government.
o
The ideal of a democratic republic enshrined in
the Preamble has been best secured by the
Constitution by the adoption of universal adult
suffrage (under article 326) by providing
complete equality.
o
The term ‘democracy’ as used in the Preamble
not only means political democracy, but also
social and economic democracy.
Republic
o
India is a Republic because the head of the State
is not a hereditary monarch.
o
The head of the state is always elected directly
or indirectly for a fixed period, e.g., USA
o
Instead, he is elected by the people for a fixed
term of five years.
o
India has an elected head called the president.
He is elected indirectly for a fixed period of five
years
Hereditary Monarch
United Kingdom
British Monarchy
Constitutional Monarchy
India
Head-President
Indirectly Elected
Not a Hereditary
Monarch
Justice
o
The ideal of justice–social, economic and
political–has been taken from the Russian
Revolution.
o
The term justice in the Preamble talks about
comprehensive justice that is social economic
and political justice.
o
The ‘social and economic justice’ is sought to be
provided by the Constitution enshrined in the
Preamble, mainly through
Principles of State Policy.
the
Directive
o
According Dr. B.R. Ambedkar, social justice
means a way of life which recognizes liberty,
equality a fraternity which are not to be treated
as separate items in a trinity.
o
Economic justice broad means equitable
distribution of wealth among citizens and
avoidance of concentration of wealth in fewer
hands.
4
PREAMBLE OF THE CONSTITUTION
Provide economic
freedom and equality
Every citizen should
enjoy their right to vote.
Economic Justice
Political Justice
FORM OF JUSTCICE
Natural justice
Social Justice
Providing freedom to a
person to live his life
according to his nature
Every person has equal
personality, his place is
important
Liberty
o
The Preamble secures to all citizens of India
liberty of thought, expression, belief, faith and
worship.
o
‘Liberty’ means the absence of restraints on the
activities of individuals, and at the same time,
providing opportunities for the development of
individual personalities.
o
civilized existence are assured to every member
of the community.
o
The Preamble mentions these essential
individual rights as liberty of thought,
expression, belief, faith and worship.
o
These rights are guaranteed to the individuals by
the Constitution by providing the six democratic
freedoms (Art. 19) and Right to Freedom of
Religion (Arts. 25-28).
Democracy cannot be established unless certain
minimal rights which are essential for a free and
Equality
o
o
Equality means absence of special privileges to
any section of the society, and the provision of
adequate opportunities for all individuals
without any discrimination.
No section of society has any special privileges
and all the people have given equal
opportunities for everything without any
discriminations. Everyone is equal before the
law.
o
This object is secured in the body of the
Constitution by making illegal all discriminations
by the State between citizen and citizen simply
on the ground of religion, race, caste, sex or
place of birth (Art.15):
5
PREAMBLE OF THE CONSTITUTION
•
•
•
•
By abolishing untouchability (Art.17);
By abolishing titles of honour (Art.18);
By offering equality of opportunity in
matters relating to employment under
the State (Art.16);
By guaranteeing equality 'before the law
and equal protection of the laws, as
justiciable rights (Art 14)
Fraternity
o
o
Fraternity means “Sense of brotherhood”- to
assure two things– the dignity of the individual
and the unity and integrity of the nation.
It is a feeling that all citizens feel that they are all
children of the same soil. This is being sought to
be achieved by enshrining the ideal of a secular
State in the Constitution.
PREAMBLE AS PART OF THE CONSTITUTION
AMENDABILITY OF THE PREAMBLE
▪
In the Berubari Union case (1960), the Supreme
Court specifically opined that Preamble is not a part
of the Constitution.
▪
▪
But, in the Kesavananda Bharati case (1973), the
Supreme Court rejected the earlier opinion and held
that Preamble is a part of the Constitution.
The question as to whether the Preamble can be
amended under Article 368 of the Constitution
arose for the first time in the historic Kesavananda
Bharati case (1973).
▪
The Supreme Court, held that the Preamble is a part
of the Constitution and Preamble can be amended,
subject to the condition that no amendment is done
to the “basic structure”.
▪
Preamble has been amended only once so far, in
1976, by the 42nd Constitutional Amendment Act,
which has added three new words–Socialist, Secular
and Integrity–to the Preamble
▪
In the LIC of India case (1995) also, the Supreme
Court again held that the Preamble is an integral part
of the Constitution.
SIGNIFICANCE OF THE PREAMEBLE
Providing goals for the Constitution
Reflecting the aspiration of the country
Remainder for the struggle
Importance of the
Preamble
Definition of Fundamental Liberties
Aiding SC to interpret law of the land
M. Hidayatullah - It is the soul of our Constitution.
Helps in define constitutional validity of legislative Action
6
PREAMBLE OF THE CONSTITUTION
The Preamble of the Constitution reflects the ideals and
philosophy along with policy goals and objectives that
the founding authors of the Constitution aimed for.
▪
▪
▪
▪
people sought to safeguard for all citizens that are as
follows-
Providing goals for the Constitution: It defined that
the constitution's goal is to provide justice, liberty,
equality, and fraternity to its citizens.
Reflecting the aspiration of the country: It
expresses "what we'd been thinking or dreaming
about for a long time."
Remainder for the struggle: It outlines all of the
principles and goals for which the country fought
during the British Regime.
Definition of Fundamental Liberties: Preamble
defines the fundamental liberties that the Indian
▪
o
Without equality, liberty would produce the
supremacy of the few over the many.
o
Equality without liberty would kill individual
initiative.
o
Without fraternity, liberty would produce
the supremacy of the few over the many.
o
Without fraternity, liberty and equality
could not become a natural course of things.
Aiding SC to interpret law of the land: Preamble aids
the supreme court in determining whether a
particular provision or piece of legislation is
consistent with the spirit of the constitution.
7
IMPORTANT FACTS
IMPORTANT FACTS
Constitutionalism
▪
A Constitution is the fundamental law of a country.
▪
All other laws and customs of the country in order to
be valid must conform to it.
▪
It sets out the framework and the principal functions
of various organs of the Government, as well as
relations between the Government and its citizens.
Why there is a need for constitution?
Reflects the ideology and
philosophy of a nation state
Defines the Functions of Govt.
organ
Expression of ideology
Organizational framework
Functions: Legislative, Executive
India: Sovereign, Social,
democratic & Republic
Judiciary
Inter-relationship between them
Purpose of
Constitution
Defines the provisions for
amendment
Explains the Levels of different
organs
Process of Amendment
Nature of Government
Whether it is federal
Whether it is unitary
India:
three
Amendment
•
•
•
types
of
By simple majority
By special majority
By special majority &half of
States consent
IMPORTANT FACTS
Understanding the Constitutionalism
▪
A government’s authority is determined by a body of
laws or constitution.
▪
More generally, constitutionalism refers to efforts to
prevent arbitrary government.
Constitutionalism generally means▪
A constitution is created to provide immunity from
an arbitrary rulers.
▪
It works as a defence system over and above the
state power.
Basically constitutionalism consists in the belief that
there must be a set of rules, procedures and
institutional arrangements that effectively limit the
exercise of the governmental power and authority.
Constitutionalism in India
Fundamental Rights
Responsible Government
A Federal Form of Government,
Independent Judiciary and Judicial Review etc
Basic Principles of Indian Constitutionalism
Separation of Powers and Checks and Balances,
Written Constitution,
Parliamentary Democracy,
Rule of Law
In India, constitutionalism is considered to be a natural
corollary to the fundamental governance of the country.
▪
The concept of Constitutionalism has been
recognised by the Supreme Court in –
▪
Rameshwar Prasad v. Union of India.
The Court stated, “The constitutionalism or
constitutional system of Government abhors
absolutism-it is premised on the Rule of Law in which
subjective satisfaction is substituted by objectivity
provided by the provisions of the Constitution itself.”
▪
IR Coehlo v. State of Tamil Nadu,
IMPORTANT FACTS
o
The Court held that Constitutionalism is a legal
principle that requires control over the exercise
of governmental power to ensure that the
democratic principles on which the government
is formed shall not be destroyed.
Nature of the Indian Constitution:
Is the Indian Constitution federal, unitary or quasifederal? The members of the Drafting Committee of the
Constituent Assembly of India called it federal
A federation has well-established -
The Government
Dual Polity or Dual Government
The State Governments
A Constitution which embodies a federal system is said to possess the following five characteristics-
Characteristics
of Federal
System
Distribution of Powers
Written Constitution
Rigidity
Supremacy of the Constitution
Independent and Impartial authority of Courts
Distinctive features of Indian Federalism
✓ Under Article 352: During a period of national
emergency, Parliament can make win relation to the
matters in the State List.
✓ Under Article 356: The President is satisfied that the
Government of a State cannot be carried on in
accordance with the provisions of the Constitution,
he can issue a proclamation to that effect.
✓ Under Article 360: If the President is satisfied that a
situation has arisen whereby the financial stability
or credit of India or any of its units is the end, he can
declare a financial emergency.
Parliamentary Supremacy
▪
The Union Government is empowered to issue
administrative directions to the States in relation to
certain matters.
▪
These directions are binding upon the States. The
Constitution provides adequate means for securing
the compliance with the directions by the States.
▪
The Parliament can, by unilateral action increase or
diminish the area of any State or alter the
IMPORTANT FACTS
boundaries of any State or alter the name of any
State.
▪
Common All Indian Services is yet another pointer to
the unitary character of the Indian Constitution. The
members of the All-Indian Services like IAS, IPS., etc
are appointed by the President.
Acquiring Unitary Character
▪
The Constitution is framed to work as a federal
system, but in times of war and other national
emergencies it is designed to work as though it were
unitary.
Salient features or Fundamental aspects of the
Constitution
Longest Written Constitution: The constitution of India
is the longest written constitution in the world as it is
contain special provisions.
What special it Contain?
Special provisions for states
Separate provisions for SC/STs
Special provisions for centre-state relationship
Separate provisions provision for women and children
Uses of Various Sources: The constitution of India has
borrowed most its provisions from the various other
countries as well as from the government of India Act
1935.
▪
Parliamentary form of Government: The constitution
provides for a parliamentary system of government
under which the real executive power rests with the
council of ministers and the President is only a nominal
head.
▪
Features
▪
▪
The members of the Lok
Sabha are elected directly
by the people.
Fundamental Rights: The constitution contains an
elaborate list of Fundamental Right. The state cannot
make laws which take away or abridge any of the
fundamental rights of the citizens.
Parliamentary form of
government
with
an
elected Head.
In this respect the makers of
the Constitution have
followed the British model.
The Council of Ministers is
collectively responsible to
the Lower House of the Lok
Sabha.
▪
Features
▪
▪
The fundamental rights
seek to protect the rights of
individuals or groups of
individuals from the State.
The Fundamental Rights
provided
by
the
Constitution
are
not
absolute rights.
They are subject to certain
restrictions
that
are
necessary in the public
interest.
The Constitution has conferred on the Supreme Court the power to grant most effective remedies for fundamental
rights-
Writs for
Violation of FR’s
Mandamus
Habeas Corpus
Certiorary
Quo Warranto
Prohibition
IMPORTANT FACTS
Fundamental Duties: The constitution also contains a
list of fundamental duties of the citizens added by the
42nd amendment. It is a unique feature of the
constitution.
42nd Amendment Act, 1976 which
added part IV A to the Constitution
In this part 11 Fundamental Duties of the citizens
include, among others, the duty
To uphold and protect the sovereignty, unity of India
To remove practices derogatory to the dignity of women
To protect and improve the natural environment.
Emergency Powers: The constitution empowers the
President during emergencies arising out of armed
rebellion or external aggression, emergency due to the
breakdown of constitutional machinery in the state and
financial emergency.
Rigid yet Flexible: The Indian Constitution is a
combination of rigidity and flexibility, while some
provisions of the constitution can be amended by the
Parliament by a simple majority, other require a 2/3rd
majority of Parliament as well as majority in the state
legislatures.
Secular State: The constitution makes India a secular
state i.e., there is no state religion and state is
completely detached from religious dogmas. Citizens are
free to profess, practice and propagate any religion.
Directive Principles of State Policy: These principles
seek to provide a social and economic basis for
democracy and the establishment of a welfare state.
Single Citizenship: It provides single citizenship. All
persons residing in different parts of the country are
treated as Indian citizens and are entitled to the same
rights of citizenship. There is no separate citizenship of
different States.
Independent Judiciary: The constitution provides an
independent judiciary which ensures that the
government is carried out in accordance with the
provisions of the constitution. It acts as the guardian of
the liberties and Fundamental Rights of the citizen.
Three-tier Government: The 73rd and 74th
constitutional amendment acts added third tier of
government as an instrument of local self-governance
which includes Panchayati Raj and Urban Local Bodies.
Universal Adult Franchise: The constitution introduces
universal adult franchise and accords the right to vote to
all citizens above 18 years of age without discrimination.
CONSTIUTIONAL DEBATE
Debate stages
Debate dates
Description of work
Preliminary
Stage
Dec 9, 1946 – Jan
27, 1948
Committees such as the Union Powers Committee and the Committee
on Fundamental Rights and Minorities produced recommendations
outlining the Constitution's guiding ideas. To prepare the draft
Constitution, a drafting committee was formed.
First Reading
Nov 4, 1948 – Nov
9, 1948
Second Reading
Nov 15, 1948 – Oct
17, 1949
Nov 14, 1949 – Nov
26, 1949
The drafting committee published the draft Constitution of India in
February 1948. The draft was introduced in the Assembly in November
1948.
Clause by clause discussion of the draft was conducted in the Assembly.
Third Reading
The Assembly finished the third reading and enacted the Constitution
on November 26, 1949
IMPORTANT FACTS
Factoid:
▪
The text of the constitution debated clause by clause
for nearly 101 days.
▪
And in total, almost 36 lakh words were spoken in
the Assembly,
▪
Part III (Fundamental Rights) was argued for
roughly 16 days, accounting for about 14% of the
clause-by-clause discussion.
▪
For around 6 days, the Directive Principles of State
Policy (contained in Part IV) were considered (about
4 percent ).
▪
Women made up roughly 2 percent of the total
number of participants in the conversations.
▪
Only 15 women were elected to the Assembly, and
only 10 of them took part in debates.
▪
G Durgabai, a freedom warrior and Congress
member, spoke the most words among the female
members.
▪
Province members participated in around 85
percent of the talks, while members from princely
states contributed to about 6 percent.
▪
The drafting Committee scrutinised and revised the
draft created by the Constitutional Advisor, Sir B. N.
Rau and submitted it for the consideration of the
Assembly.
IMPORTANT DEBATE
The defenders
Constituent Assembly Debate on Citizenship
▪
▪
▪
Article 5 of the Constitution of India was criticised
for its lack of exclusive and preferential provisions
on religious lines regarding the declaration as to
who shall be the citizen of India (as on the date of
commencement of the Constitution).
Dr P.S.Deshmukh from the Central Provinces and
Berar proposed changes to Article 5 of the draft by
proposing to replace the universally honoured “jus
soli” principle by qualifying it with a religious
appendage that “every person who is a Hindu or a
Sikh by religion and is not a citizen of any other
State, wherever he resides shall be entitled to be a
citizen of India.”
Article 5A of the draft was removed on the ground
that its provision sought to grant citizenship rights to
the migrants of Pakistan who had returned to India
under a permit for resettlement granted by Indian
authorities.
▪
R.K.Sidhva from C.P. and Berar retorted that
mentioning the name of some communities will
make other communities feel that they were being
ignored.
▪
Jawaharalal Nehru supported the draft definition of
citizenship on Universal (non-religious) basis and
secularism in unequivocal terms.
▪
Nehru did not mince words when he stated that
“you cannot have rules for Hindus, for Muslims and
for Christians only. It is absurd on the face of it”.
▪
With regard to Article 5A drafted, Nehru also
impressed upon the possibility of the second wave
of migration including non-Hindus and non-Sikhs
who were part of the first wave influx.
▪
Hence, in his view, foreclosing the doors fearing the
influx of some may deprive others of exercising their
choice.
▪
Dr B.R. Ambedkar expressed his total belief in the
removal of untouchability. They demanded that the
social inequity needs to be eliminated and wanted
untouchability to be made illegal in any form.
Constituent Assembly Debate on Untouchability
▪
Drafters of the constituent assembly demanded that
untouchability based on religion or caste be
outlawed completely.
IMPORTANT FACTS
▪
Mr. Muniswamy Pillai demanded that the removal
of untouchability, to be enshrined in the Draft
Constitution's Article 11.
▪
Dr. B. R. Ambedkar addressed the issue of
reservation in the assembly to protect the rights of
the socially and educationally backward classes.
▪
Mr. Santanu Kumar Das advocated that social
disparity to be eliminated. He requested that
legislation be enacted in this direction.
▪
▪
Professor K.T. Shah asserted that the Constitution
makes no provision for defining untouchability. As a
result, the question of what defines Untouchability
emerged.
The debate about how and on what parameters
reservations would be offered began, after the
motion for the backward class reservation was
passed
▪
The debate began with the idea of making
reservations proportional to the number of a specific
backward class.
▪
Second, the Constitution originally intended for a
ten-year period of reservation, but members of the
schedule caste proposed that the policy be either
renewed after ten years or the ten-year period be
abolished.
▪
o
He predicted that future confusion about the
word Untouchability could arise.
o
He proposed making changes, such as changing
the phrase "Untouchability" to something else.
o
He claimed that if a person is disabled for an
extended period of time, he is viewed as
untouchable.
▪
Jaipal Singh also fought for the Adivasis' rights and
dignity. However, he maintained that they should be
given fair acknowledgment.
Dr. B.R. Ambedkar did not accept his
recommendation. Following that, the motion
concerning Article 11 was passed, and it was
incorporated into the Constitution.
▪
He stated that Adivasis do not require the
safeguards mentioned in the objective resolution,
but rather protection from ministers.
Constituent Assembly debates on the Preamble
Constituent Assembly Debate on Federalism
▪
▪
▪
▪
On the issue of defining the nature of Indian state,
JB Kriplani stressed that it must be federal with the
maximal authority provided to the states.
Dr. Ambedkar labeled the Draft Constitution as
"federal" when he presented it to the Constituent
Assembly, even though the word "federal" was
never included in the Preamble or any other
provision.
In the Assembly, there was broad agreement that a
unitary government was not only undesirable but
also impractical in light of the external
circumstances.
So the drafters of the constitution maintained this
view point and added that India would have a
federal constitution
Constituent Assembly Debate on Reservations
Secular, Federal, Socialist
▪
Prof. K T Shah recommended adding the phrases
"Secular, Federal, and Socialist" to the document.
▪
He believed that putting such statements in the
Preamble would give people an impression of the
Constitution's governing ideals.
▪
According to him, the term "federal" denotes an
agreement between the states that make up the
Federation on equal footing. "States constituting
part of the Federation" are required in India.
▪
Finally, while the members agreed on the nature of
the Indian state adhering to secular ideals, the word
"secular" was removed from the Preamble during
the subsequent discussion.
▪
Prof. Shah proposed the term socialist, which
implies or conveys a state in which everyone is
guaranteed equal justice and equal opportunity.
IMPORTANT FACTS
Sovereign Democratic Republic
▪
Maulana Hasrat Mohani passionately rejected BR
Ambedkar's proposal for the Preamble, "We, the
people of India, having solemnly resolved to
organize India into a sovereign, democratic
republic."
▪
The Objectives Resolution, he claims, included three
words: Independent Sovereign Republic.
▪
However, the Drafting Committee chose the phrase
the Sovereign Democratic Republic because the
word "Sovereign" normally implies independence.
Union of States
▪
The constitutional literature of the word "State," according to Pandit Lakshmi Kanta Mishra, comprises the
concepts of sovereignty and absolute independence.
▪
He stated his perplexity over the definition of the word "state" for three words: provinces, Pradesh, and the
country.
▪
Pandit Jawaharlal Nehru proposed that the term "state" be used to refer to both Pradesh and Provinces.
▪
The motions to substitute the word "Pradesh" for the word "States" and to include the word "Federal" before the
word "Union" were both defeated.
STUDYIQ.COM
UNION AND FORMATION OF STATE
UNION AND FORMATION OF STATE
Background:
At the time of independence, India comprised of two
categories of political units such asThe British provinces - Under the direct rule of
British government
The princely states- Under the rule of native
princes but subject to the British Crown
But, the Indian Independence Act (1947) created two
independent and separate dominions of India and
Pakistan.
Whereas the Princely states were given three options
such as –
Either Joining India
Or Joining Pakistan
Or Remain Independent
But, out of the 552 princely states, 549 joined India but
the remaining 3 (Hyderabad, Junagarh and Kashmir)
refused to join India.
However, in course of time, these were also integrated
with India through:
Hyderabad by means of police action
Junagarh by means of referendum
Kashmir by the Instrument of Accession.
Part – I : (Article 1- 4) - Union and its Territory
Article 1 – India that is Bharat shall be an ‘Union of states’
Constitutional Articles
related to Union and
Territories
Article 2- Admission and establishment of new states in Indian
Union.
Article 3 – Alteration of boundaries, names and areas of existing
states.
Article 4 – Provision related to the article 2 and 3 shall not be
deemed under article 368.
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UNION AND FORMATION OF STATE
Article 2
Article 1
Defining ‘Union of States’
Mechanism Formation of New State:
▪
The Drafting Committee chose the word "Union” in
preference to "Federation’.
▪
▪
Article 1 of the constitution describes India, that is,
Bharat as a 'Union of States’.
Parliament may by law admit into the Union, or
establish, new States on such terms and conditions
as it thinks fit.
▪
However, Parliament cannot establish a new union
territory by passing a law. This can only be done
through a constitutional amendment.
▪
States like Sikkim (previously not within India)
became a part of the country under Article 2.
▪
Other Examples-
▪
▪
The Union of India includes only the States which
enjoy the status of being members of the federal
system and share a distribution of powers with the
Union.
First Schedule of the Constitution:
o
In the first schedule of the constitution, the
states and the territories are specified.
o
The French settlements of Pondicherry, Karaikal,
Mahe and Yanam
o
The expression "Territory of India" includes
not only the States, but also the Union
Territories and such other territories as may
be acquired by India.
o
The Portuguese settlements of Goa, and Daman
and Sikkim, etc. into India.
Know the Parliamentary procedure for the aforementioned Changes:
Procedure
for
Changes
To introduce such changes,
recommendation of president
necessary
President shall refer the Bill to the
State Legislature concerned for its
opinion
Recommendation of President
State Legislature
A Bill for Change
Introduce
Either house of the
Parliament
Lok Sabha
Rajya Sabha
After Receiving Opinion
If the State Legislature fails to do so
then it is deemed that it has
expressed its views.
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UNION AND FORMATION OF STATE
▪
In the case of states▪
▪
A Bill giving effect to any or all the changes stated
above can be introduced in either House of the
Parliament, only on the recommendation of the
President.
President, before introducing it in the Parliament,
shall refer the Bill to the State Legislature concerned
for its opinion, fixing a time limit within which an
opinion may be expressed.
Article 3
The President may extend the time limit so
specified. If the State Legislature fails to express an
opinion within the stipulated time limit, then it is
deemed that it has expressed its views.
In the case of Union Territories▪
In the case of Union Territories, it is not necessary
to obtain the views of legislatures of Union
Territories before a Bill affecting their boundaries or
names is introduced.
▪
To increase or diminish the area of any State or to
alter the boundaries or names of any State.
Mechanism for alteration of areas, boundaries or
names of existing States
The Constitution empowers Parliament the following▪
To form a new State by separation of territory from
any State
▪
Or by uniting two or more States or parts of States
▪
Or by uniting any territory to a part of any State.
Article 4
Article 4 allows for consequential changes in the First &
Fourth Schedule of the constitution
▪
First Schedule: Names of the States in the Union of
India
▪
Fourth Schedule: A number of seats allotted in the
Rajya Sabha for each state.
Evolution of States and Union Territories In India.
Constituent Units of Indian Union classified into the following category after the constitution of India came into effect
on 26th January 1950STATES IN PART – A: VI
STATES IN PART – B: VII
STATES IN PART – C: VIII
STATES IN PART – D: IX
Assam
Hyderabad
Ajmer
Andaman & Nicobar Island
Bihar
Jammu & Kashmir
Bhopal
Bombay
Madhyabharat
Bilaspur
Madhya Pradesh
Mysore
Cooch-Bihar
Madras
Patiala & East Punjab
Coorg
Orissa
Rajasthan
Delhi
Punjab
Saurashtra
Himachal Pradesh
United Provinces
Travancore-Cochin
Manipur
West Bengal
Vindhya-Pradesh
Tripura
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Redistribution of States
There had been a demand from different regions,
particularly from South India, for reorganization of
states on linguistic lines.
UNION AND FORMATION OF STATE
Note: This created much resentment and led to the
appointment of another Linguistic Provinces
Committee by the Congress in December 1948 – JVP
Committee.
Dhar Commission
▪
▪
In June 1948, the Constituent Assembly announced
the setting up of the Linguistic Provinces
Commission.
Under the chairmanship of S.K. Dhar, a commission
was established to examine the matter of the
reorganization of the state.
o
JVP Committee
▪
The congress led JVP committee, in December 1948,
have three prominent members such as Jawahar Lal
Nehru, Vallabhbhai Patel and Pattabhi
Sitaramayya.
▪
The committee submitted its report in April 1949
and formally rejected language as the basis for
reorganisation of states.
Report of the Commission: The Commission
recommended that the reorganization of
states should be on the basis of
administrative convenience rather than
linguistic basis.
o
Report of the Commission: Formally
rejected language as the basis for
reorganization.
Creation of First Linguistic State
▪
However, in October 1953, the Government of India was force to create the first linguistic state.
▪
Andhra Pradesh became the first state created on the basis of Language.
▪
The state was created by separating the Telugu speaking areas from the Madras
state.
▪
This new state formation was the successor of a prolonged popular agitation and
the death of Potti Sriramulu.
▪
This congress person of standing after a 56-day hunger strike for the cause.
Fazl Ali commission
▪
The creation of Andhra state intensified the demand
from other regions for creation of states on linguistic
basis.
Its other two members were K M Panikkar and H N
Kunzru.
▪
The committee submitted its report in September
1955.
▪
Report of the Commission:
This forced the Government of India to appoint (in
December 1953) a three-member States
Reorganisation Commission under the chairmanship
of Fazl Ali.
▪
It broadly accepted language as the basis of
reorganisation of states.
▪
But it rejected the theory of ‘one language–one
state’.
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▪
UNION AND FORMATION OF STATE
It identified four major factors that can be taken into
account in any scheme of reorganisation of states:
o
Preservation and strengthening of the unity and
security of the country.
o
Linguistic and cultural homogeneity.
o
Financial, economic
considerations.
o
▪
Abolition of the four-fold classification of states
under the original Constitution.
▪
administrative
The commission suggested the creation of 16 states
and 3 centrally administered territories.
Planning and promotion of the welfare of the
people in each state as well as of the nation as a
whole.
Note: The Government of India accepted these
recommendations with certain minor modifications. As
a result, 14 states and 6 union territories were created
on November 1, 1956.
and
State Reorganization Act of 1956:
▪
▪
Suggestion of the Commission
In November 1956, State Reorganization Act of 1956
came into being force.
▪
The part C states were abolished through this act.
▪
Andhra Pradesh, Bombay Kerala, Madhya Pradesh,
Madras, Mysore, Punjab, and Rajasthan are the new
states formed as a result of state reorganization in
1956.
The Act created 14 States and 6 UTs as under:
Through this act, the distinction of between the part
A and B states was done away with.
▪
States
Union Territories
Andhra Pradesh, Assam, Bihar, Mumbai, JK, Andaman & Nicobar Islands Delhi, Himachal
Kerala Madhya Pradesh, Madras Mysore, Orissa, Pradesh, Laccadive, Minicoy and Amindivi
Punjab, Rajasthan, Uttar Pradesh and West Islands, Manipur and Tripura.
Bengal
New States and Union Territories created after 1956
Creation of Gujrat and Maharashtra
Through Bombay Re-organisation Act 1960
Nagaland as separate state
Through the State of Nagaland Act. 1962
Creation of Punjab and Haryana
The Punjab Reorganisation Act. 1966
Creation of Himachal Pradesh
State of Himachal Pradesh Act, 1970
Creation of North Eastern State
Creation of Sikkim
Goa as a separate state
By North Eastern Areas (Re-organization) Act 1971
By Constitution (36th Amendment) Act. 1975
The State of Goa Act, 1987
Creation of Chhattisgarh
Madhya Pradesh Reorganisation Act, 2000
Creation of Jharkhand
By Bihar Reorganisation Act, 2000
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UNION AND FORMATION OF STATE
Year & Formation of New States after 1956
State
Andhra Pradesh
Gujarat
Nagaland
Haryana
Himachal Pradesh
Manipur, Tripura, Meghalaya
Arunachal Pradesh
Mizoram
Goa
Daman and Diu
Chhattisgarh, Uttaranchal, Jharkhand
Telangana
Status
New State
New State
New State
New State
New State
New State
UTs
New State
New State
UTs
New State
New State
Year
1953
1960
1963
1966
1971
1972
1987
1972
1987
1961
2000
2014
IMPORTANT TO NOTE:
▪
▪
▪
Goa, Daman, and Diu were merged into the Union Territory of Goa, Daman, and Diu in December 1961.
Goa became a state in 1987, and Daman and Diu became a separate UT.
Daman and Diu union territory was merged with Dadra and Nagar Haveli union territory in 2020.
Response of the Government on demands
of New State
▪
Inclusion of language in the 8th schedule- Konkani,
Bodo, Maithili
▪
Special development packages- like for the region of
Bundelkhand
▪
▪
Creation of autonomous councils- Darjeeling
Gorkhaland Hill Council (West Bengal), LAHDC (J&K)
Setting up of development boards such as the ones
set up under article 371 for Vidharbha and
Saurashtra which are in Maharashtra and Gujarat
respectively.
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UNION AND FORMATION OF STATE
UNION TERRITORIES
PRESENT STATUS OF UNION TERRITORIES-
Union Territories
Formation Dates
Andaman and Nicobar
Islands
Chandigarh
1 November 1956
•
Founded by
1 November 1966
•
Dadra and Nagar
Haveli and Daman
and Diu
Delhi
26 January 2020
•
1 November 1956
•
Jammu and Kashmir
31 October 2019
•
Ladakh
31 October 2019
•
Lakshadweep
1 November 1956
•
Puducherry
•
1 November 1954
Founded by the States Reorganisation
Act, 1956.
Founded by the Punjab Reorganisation
Act, 1966.
Founded by the Dadra and Nagar Haveli
and Daman and Diu (Merger of Union
Territories) Act, 2019.
Founded by the States Reorganisation
Act, 1956.
Founded by the Jammu and Kashmir
Reorganisation Act, 2019
Founded by the Jammu and Kashmir
Reorganisation Act, 2019
Founded by the States Reorganisation
Act, 1956.
Achieved union territory status in 1962,
renamed Puducherry in 2007.
Rationale behind the creation of Union
Territories:
Constitutional Provisions related to Union
Territories-
▪
Financial Hardship- As compared to state, the union
territories have small land areas as well as
population, so it could be difficult to run legislative
assembly and the council of ministers.
▪
Articles 239 to 241 of Part VIII of the Constitution:
The union territories are dealt with in Articles 239 to
241 of Part VIII of the Constitution, and their
administrative system is not consistent.
▪
Location Factor- In the case of Lakshadweep and the
Andaman and Nicobar Islands are located far west
and east of our country that making difficult to
administer these as state.
▪
Article 239: It allowed the President to administer
UTs directly through the administrators. In 1962,
Parliament passed Article 239A, allowing it to
construct legislatures for the UTs.
▪
Preserving time-tested culture – UT’s such as
Daman and Diu, Dadra Nagar Haveli, Puducherry
(French), Ladakh have different cultures so it is
necessary to preserve the same.
▪
Article 239AA: 69th Amendment of the constitution
Act, 1991 inserted Article 239AA to the Indian
Constitution, which has unique provisions for the
National Capital Territory of Delhi.
▪
Administrative convenience - Delhi and Chandigarh
are two union territories that serve as the
administrative capitals of India, Haryana, and
Punjab, respectively.
▪
Role of Home Ministry: The Centre's Ministry of
Home Affairs is the nodal ministry for all things
concerning Union Territories, including legislation,
money and budget, services, and the appointment
of Administrators.
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UNION AND FORMATION OF STATE
Small Land Areas
Administrative Convinience
Reason for the
Creation of UT’s
Location Factor
Preserving Culture
STATUS OF DELHI
In favor statehood
The 69th Constitutional Amendment Act of 1991
conferred the UT of Delhi with a special status.
▪
▪
▪
The amendment redesignated Delhi as the National
Capital Territory of Delhi.
The
amendment
designated
the Delhi’s
administrator as the Lieutenant Governor (LG).
▪
It would promote the comprehensive accountability.
▪
Quick decision making as problems of coordination
between various entities could be resolved.
▪
Delhi which has a growing population of 2.7 crore
people, as of today, is no longer just a Union
Territory. In Delhi, issues such as housing, water,
electricity, transport, etc.
The Act created a legislative assembly and a council
of ministers for Delhi.
High court & parliament
▪
▪
The National Capital Territory of Delhi is the only one
that has its own High Court.
Except for Puducherry and Delhi, none of the union
territories have their own parliament.
Against the statehood
▪
It would require a constitutional amendment.
▪
National territory cannot be made as state’s
territory.
▪
Without Centre’s support, the quality of civic
services may decline or conversely, the taxes may go
up.
▪
For power and water supply, Delhi is actually
dependent on neighbouring states.
▪
It's not a genuine people’s demand.
▪
Size and population argument are not sound as the
same can be advanced in the case of Bombay and
Calcutta.
Demand for statehood
▪
The demand for statehood arose in 1987.
▪
Delhi’s Constitutional validity – special status 239AA
and 239AB
▪
Delhi Government has no control over:
o
o
o
Public order
Police and Security
Land
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UNION AND FORMATION OF STATE
Recent delimitation award:
STATUS OF JAMMU & KASHMIR
▪
▪
▪
In August 2019, a resolution to repeal Article 370
was passed by both the houses of the Parliament of
India.
o
At the same time, a reorganization act was also
passed, which reconstituted the state into two union
territories, Jammu and Kashmir and Ladakh.
Delimitation became necessary when the Jammu
and Kashmir Reorganization Act, 2019 increased
the number of seats in the Assembly.
o
The erstwhile J&K state had 111 seats — 46 in
Kashmir, 37 in Jammu, and 4 in Ladakh — plus 24
seats reserved for Pakistan-occupied Kashmir
(PoK).
o
The Delimitation Commission was set up on 6th
March 2020. It was headed by retired Supreme
Court Justice Ranjana Prakash Desai
o
In recent award, the Commission has increased
seven Assembly seats — six in Jammu (now 43
seats) and one in Kashmir (now 47).
The union territory is under the jurisdiction of the
Jammu and Kashmir High Court, which also serves as
the high court for Ladakh.
Know article 239:
o
Jammu & Kashmir, at present, is administered
under the provisions of Article 239.
o
Basically, Article 239A, originally formulated for
the union territory of Puducherry.
o
Now onwards this will also apply to Jammu and
Kashmir.
o
In Parliament: Jammu and Kashmir now have 5 Lok
Sabha Seats and 4 Rajya Sabha Seats.
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CITIZENSHIP
CITIZENSHIP
Introduction
▪
A citizen is a person who enjoys full membership of the
community or State.
▪
Aliens also categories into two—friendly aliens or
enemy aliens.
o
Friendly aliens are the subjects of those
countries that have cordial relations with India.
o
Enemy aliens, on the other hand, are the
subjects of that country that is at war with
India.
o
Enemy aliens enjoy lesser rights than the
friendly aliens.
o
Enemy aliens do not enjoy protection against
arrest and detention (Article 22).
India has two kinds of people—citizens and aliens.
o
Citizens are full members of the Indian State and
owe allegiance to it. They enjoy all civil and
political rights.
o
Aliens, on the other hand, are the citizens of
some other state and hence, do not enjoy all the
civil and political rights.
Rights that are only Available to Citizen
not to Alien:
▪
Right in Article 16: The right to equality of
opportunity in the matter of public employment
There are certain rights that are not given to the person
of different countries that are as follows-
▪
Right in Article 19: The right to six freedoms
enumerated in Article 19 that is freedom of speech
and expression assembly, association movement
residence and profession
▪
Rights in Article 29 and 30: Cultural and educational
rights conferred by Articles 29 and 30
▪
Right in Article 15: The right not to be discriminated
against on grounds of religion, race, caste sex or
place of birth (Article 15
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CITIZENSHIP
People
Alien
Citizens
FR’s Available Only to Citizens:
Right in Article 15
Friendly Alien
Enemy Alien
Right in Article 16
Right in Article 19
Rights in Article 29 and 30
FR’s available to Both Citizen & Alien not to Enemy Alien
Right under Article 14
Right under Article 20
Right under Article 21
Right under Article 21A
Right under Article 22
Right under Article 23
Right under Article 24
Right under Article 25
Right under Article 26
Right under Article 27
Right under Article 28
Except Indian citizen, no other has the right to hold
certain high offices such asThe President
Vice-President
Governor of a State
Constitutional Provision:
Articles 5 to 11 under Part II of the Constitution simply
describes classes of persons who would be deemed to
be the citizens of India at the time of commencement of
the Constitution that is on 26th January, 1950.
Judges of the Supreme Court or High Courts.
Attorney General etc.
Article 5
Citizenship at the commencement of the Constitution
Article 6
Rights of certain persons who have migrated to India from Pakistan
Article 7
Rights of citizenship of certain migrants to Pakistan
Article 8
Rights of citizenship of certain persons of Indian origin residing outside India
2
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CITIZENSHIP
Article 9
Persons voluntarily acquiring citizenship of a foreign State not to be citizens
Article 10
Continuance of the rights of citizenship
Article 11
Parliament to regulate the right of citizenship by law
The entire law related to citizenship are now
regulated by the Indian parliament by promulgating
effective law.
o
But a person could be so registered only if he
had been resident in India for six months
preceding the date of his application for
registration
Article 5
▪
Article 7
A person who had his domicile in India and also
fulfilled any one of the three conditions –
o
If he was born in India;
o
If either of his parents was born in India;
o
If he has been ordinarily resident in India for five
years immediately before the commencement
of the Constitution, became a citizen of India.
▪
A person who has migrated to Pakistan from India
after March 1, 1947, but later returned to India for
resettlement could become an Indian citizen.
▪
For this, he had to be resident in India for six months
preceding the date of his application for registration.
Article 8
▪
A person who, or any of whose parents or
grandparents, was born in undivided India but who
is ordinarily residing outside India shall become an
Indian citizen
▪
Criterion: if he has been registered as a citizen of
India by the diplomatic or consular representative of
India in the country of his residence, whether before
or after the commencement of the Constitution.
▪
Thus, this provision covers the overseas Indians who
may want to acquire Indian citizenship.
Article 6
▪
A person who migrated to India from Pakistan
became an Indian citizen if he or either of his parents
or any of his grandparents was born in undivided
India and also fulfilled any one of the two conditions
–
o
o
In case he migrated to India before July 19, 1948,
he had been ordinarily resident in India since the
date of his migration;
Or in case he migrated to India on or after July
19, 1948, he had been registered as a citizen of
India.
Basically, aforementioned provisions deal with the citizenship of Persons domiciled in India
Persons migrated from Pakistan
Persons migrated to Pakistan but later returned
Persons of Indian origin residing outside India
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CITIZENSHIP
Other Constitutional Provisions:
Article 9
▪
Article 10
▪
No person shall be a citizen of India or be deemed to
be a citizen of India, if he has voluntarily acquired
the citizenship of any foreign state.
Every person who is or is deemed to be a citizen of
India shall continue to be such citizen, subject to the
provisions of any law made by Parliament.
Article 11
▪
Parliament shall have the power to make any
provision with respect to the acquisition and
termination of citizenship and all other matters
relating to citizenship.
Citizenship Act, 1955:
In exercise of its power, Parliament has enacted the Indian Citizenship Act, 1955 that provides for the acquisition and
loss of Indian citizenship after the commencement of the Constitution.
▪
This Act has been amended many times by the following Acts:
The Citizenship (Amendment) Act, 1986
The Citizenship (Amendment) Act, 1992
The Citizenship (Amendment) Act, 2005
The Citizenship (Amendment) Act, 2003
The Citizenship (Amendment) Act, 2015
▪
According to the Constitution, the following four
categories of persons became the citizens of India at
its commencement i.e., on 26 January, 1950:
o
Domicile
o
A person who has migrated to India from
Pakistan
o
A person who has migrated to Pakistan from
India, but later returned
o
Overseas Indians
The Citizenship (Amendment) Act, 2019
Loss & Acquisition of Citizenship (As per
Citizenship Act of 1955)
Acquisition of Citizenship:
The Citizenship Act 1955 provides for the acquisition of
Indian Citizenship after the commencement of the
Constitution in five ways such as-
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CITIZENSHIP
Citizenship
Loss of Citizenship
Acquisition of Citizenship
By Renunciation
By birth
By Termination
By descent
By deprivation
By registration
By naturalization
By incorporation of
Territory
By Birth
Date
Condition
th
Born in between 26 January
1950 -1st July 1987
▪
Considered to be the citizen of India by birth irrespective
of the nationality of the parents
Born on or after 1st July 1987
▪
Considered to be the citizen of India only if either of his
parents were the citizen of India at the time of his birth
Born on or after 3rd December
2004
▪
Considered to be citizens of India only if both of their
parents were citizens of India or
▪
One of whose parents is a citizen of India and the other is
not an illegal migrant at the time of their birth.
The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.
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CITIZENSHIP
By Descent
Date
Condition
Born in between 26/01/1950
– 10/12/1992 outside India
▪
Consider to be citizen by descent if his father was a citizen of
India at the time of his birth.
Born on or after 10th
December 1992 outside India
but before 2nd December 2004
▪
Considered as a citizen of India if either of his parents is a
citizen of India at the time of his birth.
From 3rd December 2004
onwards outside India
▪
Not to be a citizen of India by descent-
▪
Unless his birth is registered at an Indian consulate within one
year of the date of birth
▪
Or with the permission of the Central Government, after the
expiry of the said period.
By Registration
Any person who is not a citizen by virtue of Constitution
or the provisions of the Citizenship Act and belongs to
any of the following categories, can apply for registration
as a citizen.
Who can apply?
Cases
In the case of Indian Origin ▪
Person
Condition
Person who is ordinarily resident in India for seven years before
making application for registration.
▪
Person who is ordinarily resident in any country or place
outside undivided India;
In the case of marrying a ▪
Indian citizen
Person who is married to a citizen of India and is ordinarily
resident in India for seven years before making an application
for registration
In case of minor children
▪
Minor children of person who are citizen of india.
Parents are registered as a ▪
citizen of India
A person of full age and capacity whose parents are registered
as citizens of India
▪
A person of full age and capacity who, or other of his parents,
was earlier citizen of Independent India, and has been residing
in India for one year immediately before making an application
for registration;
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CITIZENSHIP
By Naturalization
▪
▪
Citizenship by naturalization is applicable to
individuals who don’t have any Indian ancestry but
are residing in India for a long time and want to
attain Indian Citizenship
▪
The Citizenship Amendment Act of 2019 reduced the
mandatory 11 years requirement to 5 years.
▪
The Central Government may grant a certificate of
naturalisation to any person if he fulfils all
qualifications in the third schedule of the
Citizenship Act.
▪
For example, when Pondicherry became a part of
India, the Government of India issued the
Citizenship (Pondicherry) Order, 1962, under the
Citizenship Act, 1955.
A person can acquire citizenship by naturalisation if
he/she is ordinarily resident of India for 12 years
(throughout 12 months preceding the date of
application and 11 years in the aggregate).
By incorporation of Territory
▪
If any foreign territory becomes a part of India, the
Government of India specifies the persons who
among the people of the territory shall be the
citizens of India.
▪
Such persons become the citizens of India from the
notified date.
Loss of Citizenship
These areBy renunciation
The Citizenship Act, 1955 also lays down the three
modes by which an Indian citizen whether a citizen at the
commencement of the Constitution or subsequent to it
- may lose his citizenship.
By termination
By deprivation.
of another country, he automatically ceases to be an
Indian citizen.
By Renunciation
•
▪
If any citizen of India who is also a national of
another country renounces his Indian citizenship
through a declaration in the prescribed manner, he
ceases to be an Indian citizen. When a male person
ceases to be a citizen of India, every minor child of
his also ceases to be a citizen of India.
o However, such a child may within one year
after attaining full age become an Indian
citizen by making a declaration of his
intention to resume Indian citizenship.
By Deprivation
▪
Deprivation is a compulsory termination of the
citizenship of India obtained by Registration or
Naturalization.
▪
The citizenship is deprived on the basis of an order
of the Government of India, in cases involving-
By Termination
o
Acquisition of Indian citizenship by fraud
Termination takes place by operation of law. When
an Indian citizen voluntarily acquires the citizenship
o
False representation and concealment of
material fact or being disloyal to the
Constitution etc.
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Uniform citizenship for All: Single & Dual
Citizenship
Single Citizenship
CITIZENSHIP
▪
The civic and political rights are equally conferred
on all the citizens of India.
Dual Citizenship
▪
India rejects the notion of double citizenship which
was followed by USA
▪
The other federal states like USA and Switzerland
adopted the system of double citizenship.
▪
India follows a single and uniform citizenship for the
whole of India.
▪
In USA, each person is not only a citizen of USA but
also of the particular state to which he belongs.
▪
The citizens in India owe allegiance only to the
Union.
▪
A person in USA enjoys duals set of rights such as –
▪
There is no separate state citizenship.
▪
Indian constitution provides for Common all-India
citizenship.
o
One set conferred by the national government
o
And another by the state government.
Merit of Single Citizenship
Merit of Dual Citizenship
▪
▪
It helps in increasing the feeling of nationality
and encourages patriotism.
Dual citizens enjoy certain benefits, such as
the ability to live and work freely in two
countries
▪
It forges unity amidst regional and cultural ▪
differences.
▪
It also encourages fundamental rights such as
the freedom of movement and residence in any ▪
part of the nation.
One can own property in both countries, and
travel between the countries with relative
ease.
▪
Drawbacks of being a dual citizen include the
potential for double taxation
Regardless of the state of birth or residence, ▪
enjoy the same political and civil rights of
citizenship throughout the country.
The long and expensive process for obtaining
dual citizenship.
o
Few Exceptions (In Case of Indian Single
Citizenship)
General rule of absence of discrimination is subject to
some exceptions like –
▪
Under article 16, the Parliament can prescribe
residence within a state or union territory as a
condition for certain employments or appointments.
▪
Under article 15, the Constitution prohibits
discrimination against any citizen on grounds of
religion, race, caste, sex or place of birth and not on
the ground of residence.
▪
This means that the state can provide special
benefits or give preference to its residents in
matters that do not come within the purview of
the rights given by the Constitution.
Under Article 19, the freedom of movement and
residence is subjected to the protection of interests
of any schedule tribe.
o
This is done to protect the distinctive culture,
language, customs and manners of schedule
tribes and to safeguard their traditional vocation
and property against exploitation.
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CITIZENSHIP
TERM ASSOCIATED:
There are millions of Indians living abroad. They can be categorised in three broad headings such as-NRIs, PIOs and
OCIs.
Terms
Non Resident Indian (NRI)
Conditions
Person of Indian origin (PIO)
A Person who or whose any ancestors was an Indian national and who is
presently holding another country’s citizenship
Overseas Citizen of India (OCI)
A person registered as overseas citizen of India cardholder under the
citizenship act of 1955
An Indian citizen who is ordinarily residing outside India and holds an
Indian passport.
Non-Resident Indian (NRI)
▪
A citizen of India who has temporarily emigrated to
another country for six months.
▪
A person is considered NRI if She/He is not in India
for 182 days or more during the financial year.
▪
An Indian citizen who is ordinarily residing outside
India and holds an Indian Passport.
▪
Or, If he/she is in India for less than 365 days during
the 4 years preceding that year and less than 60 days
in that year.
Person of Indian Origin (PIO)-
▪
The PIO card was first implemented in 2002 as a
benefit to foreign nationals who could establish at
least a third-generation tie to Indian origin.
▪
The holder was exempted from registering at the
foreigner regional registration office (FRRO) during
the duration of stay in India.
▪
A PIO card holder doesn’t need a visa to visit India.
▪
▪
The holder also doesn’t require a student or
employment visa to acquire employment or
academic opportunities in India.
In 2015, the PIO scheme was withdrawn by the
Government of India and was merged with the OCI.
Overseas Citizenship of India (OCI)The Ministry of Home Affairs defines an OCI as a person
who:
o
Was a citizen of India on or after 26th January
1950; or
o
Was eligible to become a citizen of India on 26th
January 1950; or
o
Is a child or grandchild of such a person, among
other eligibility criteria.
The Government of India via Citizenship (Amendment)
Act, 2015 merged the Person of Indian Origin (PIO)
category with OCI category in 2015.
Rights given to OCIs
▪
Entitled to such rights, as the Central Government
may specify in this behalf
▪
An Overseas Citizen of India Cardholder shall not be
entitled to the following rights (which are conferred
on a citizen of India)—
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CITIZENSHIP
o
He shall not be entitled to the right to equality
of opportunity in matters of public employment.
o
He shall not be eligible for election as President.
o
He shall not be eligible for election as VicePresident
o
He shall not be eligible for appointment as a
Judge of the Supreme Court.
o
He shall not be eligible for appointment as a
Judge of the High Court.
o
He shall not be entitled for registration as a
voter. **
o
He shall not be eligible for being a member of
the House of the People or of the Council of
States.
o
He shall not be eligible for being a member of
the State Legislative Assembly or the State's
Legislative Council.
o
He shall not be eligible for appointment to public
services and posts in connection with affairs of
the Union or of any State except for
appointment in such services and posts as the
Central Government may specify.
Under a democratic set-up, the issue of citizenship assumes vital significance
Significance of
Citizenship
It is citizenship that determines a person's full political membership in country
Legal acceptance by the state of his legitimate integration into the local set up.
It establish a give and take relationship between the individual and the state.
Student Union (AASU) and the All Assam Gana
Sangram Parishad,
Recent Development:
Assam Issue
▪
Assam experienced large-scale illegal migration
from former East Pakistan (Presently Bangladesh)
in 1970’s.
▪
This led to a six-year-long Assam movement for the
deportation of illegal migrants by All Assam
Students' Union (AASU).
▪
▪
▪
▪
It set March 25, 1971, as the cut-off date for the
deportation of illegal migrants from the northeast of
India.
Assam Accord:
▪
The movement calling for the NRC to be updated
and deportation of all illegal migrants who entered
Assam after 1951.
It was a Memorandum of Settlement (MoS) signed
between representatives of the Government of
India and the leaders of the Assam Movement in
New Delhi on 15 August 1985.
▪
The Assam Movement against illegal immigration
gradually led to the historic Assam Accord in the
year of 1985.
This six-year agitation demanding identification and
deportation of illegal immigrants were launched by
the All Assam Students’ Union (AASU) in 1979.
▪
The accord finally broads an end to the Assam
Agitation and paved the way for the leaders of the
agitation to form a political party and form a
government in the state of Assam soon after.
The Assam Accord was signed in 1985 by the Centre
and the Assam government with the All-Assam
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▪
CITIZENSHIP
As the accord brought an end to the agitation, some
of the key clauses are yet to be implemented, which
has kept some of the issues festering
Clause 6 of the Accord:
It says that constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided
to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.
headed by the High Court judge
Biplab Kumar Sarma
Illegal Migrant from
foreign states
14-member
Committee Est.
Agitation Started by AASU,
1979
Insertion: It inserted Clause 6A in
Citizenship Act
Assam Peace Accord, 1985
Demand: Illegal migrant to be
identified and deported
Anyone who
was resident of
Assam before
this date was to
be deemed a
citizen
01/01/1966
Migrant who
entered between
these two days
need to register
with a foreign
tribunal
24/03/1971
Anyone
migrating after
this date would
not be eligible
for citizenship
For inclusion in NRC, one must prove
that either them or their parents
/grand parents were citizen before
25/03/1971
Ministry of Home Affairs appointed committee on
implementation of Clause 6 of the Assam Accord has
proposed a definition for ‘Assamese people’ in its report.
This 14-member committee headed by the High Court
judge Biplab Kumar Sarma that was set up in 2019
following widespread protests against the Citizenship
Amendment Act, 2019.
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CITIZENSHIP
Report of the Committee:
▪
▪
▪
Definition of Assamese: The report proposes
January 1951 as the cut-off date for any Indian
citizen residing in Assam to be defined as an
Assamese for the purpose of implementing Clause 6.
Reservation for Assamese: The report seeks
reservation for Assamese in Parliament, state
assembly, local bodies.
Council of Assam) whose seats will be reserved for
the ‘Assamese people’.
▪
Regulation of Outsiders: The report recommends
regulation of entry of people from other states into
Assam, which include the implementation of an
Inner Line Permit (ILP) regime in the state.
▪
Other Rights: The report also talks about issues
related to land and land rights, linguistic, cultural
and social rights and protection of the state’s
resources and biodiversity.
Reservation
in
Legislative
Councils:
It
recommended creating an Upper House (Legislative
CITIZENSHIP(AMENDMENT)ACT,2019
The Citizenship (Amendment) Act, 2019 (CAA) was
notified on December 12, 2019 and came into force from
January 10, 2020.
Key-Highlights:
▪
The CAA provides citizenship on the basis of religion
to six undocumented non-Muslim communities
from Pakistan, Afghanistan and Bangladesh.
▪
The six undocumented non-Muslim communities
include Hindus, Sikhs, Buddhists, Jains, Parsis and
Christians who entered India on or before 31st
December, 2014.
▪
The Act provides that the central government may
cancel the registration of OCIs on certain grounds.
▪
Also areas that fall under the Inner Limit notified
under the Bengal Eastern Frontier Regulation, 1873,
will also be outside the Act’s purview.
The Citizenship (Amendment) Act, 2019 seeks to amend
the Citizenship Act, 1955.
Exception of the Act:
▪
The Act does not apply to tribal areas of Tripura,
Mizoram, Assam and Meghalaya.
▪
Because of being included in the 6th
Schedule of the Constitution.
Issue with CAA:
Targeting a Particular Minority: This will benefit nonMuslims excluded from the proposed citizens’ register,
while excluded Muslims will have to prove their
citizenship.
Contradiction to Assam Accord: Assam Accord of 1985
states that illegal migrants, irrespective of religion,
heading in from Bangladesh after 25th March, 1971,
would be deported.
Right to Equality: The act makes illegal migrants eligible
for citizenship on the basis of religion which is a violation
of Article 14 of the Constitution.
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CITIZENSHIP
Regional Discrimination: Tamils from Sri Lanka and
Hindu Rohingya from Myanmar are not covered under
the Act.
The act has gone through 9 amendments
2016
1955
Citizenship Act was first
enacted in 1955
The Citizenship (Amendment) Bill was introduced
in Lok Sabha on 19th July 2016
2019
LoK Sabha passed the Bill on
9th Dec 2019
To examine and
submit a report
on the bill
Formation of
Parliamentary Joint
Committee, 2016
2019
President Approved the Act,
Notified in Gazette on 12th
Dec 2019
2020
The act came into force from
January 10, 2020.
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FUNDAMENTAL RIGHTS
FUNDAMENTAL RIGHTS
•
•
Background:
•
The issue of Fundamental Rights had been on the
national agenda long before the actual task of
Constitution making was taken in hand.
The Indian National Congress at its Karachi session
1931, presided over by Sardar Patel had adopted a
resolution on Fundamental Rights.
•
This resolution was to provide some rights to all
citizens irrespective of religion, caste, creed, sex etc.
•
These rights were stressed during the early moves
towards Constitution-making like in the Objective
The Nehru Report in 1928 demanded inalienable
fundamental rights for the people of India which was
basically inspired by the American bill of rights.
Resolution and in the Preamble to the Constitution.
Rights
Moral Rights
-
-
General Principle
of fairness and
Justice
Do not have the
backing of the Law
behind them
-
Citizenship Rights
Political Rights
Economic Rights
Natural Rights
Human Rights
Legal Rights
-
Civil
Political
Economic
Social
Cultural rights
-
Inherent Rights
God given rights
-
Ex: Right to Live
-
Right to Education
Right to Work
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FUNDAMENTAL RIGHTS
Few Classifications of Rights:
o
The legal rights are protected by an ordinary
law, but they can be altered or taken away by
the legislature by changing that law.
o
Example, Right to Property mentioned under
The rights in India can be classified broadly into the
following•
Constitutional Rights:
o
Article 300 A is a legal Right.
The Constitutional Rights are the rights granted
by the Constitution of India to the citizens. . It
•
includes all rights which are enshrined in the
constitution but are not under the domain of
Part 3 (Fundamental Rights).
o
Any infringement of constitutional rights, one
can approach the Supreme Court on its violation.
o
However, the main difference between
Fundamental Right (FR) and constitutional Right
is that the remedy under Article 32 of the
constitution is available only in case of violation
of Fundamental Rights and not constitutional
Rights.
•
Fundamental Rights:
o
Fundamental rights are the basic human rights
enshrined in the Constitution of India.
o
The Supreme Court is the guardian of
fundamental rights.
•
Human Rights:
•
Human Rights are those rights which every human
being enjoys on the basis of equality.
•
These Human rights are guaranteed under the
constitution of India in the form of-
Legal Rights:
o
Fundamental Rights
o
o
Directive Principles of State Policy
The legal rights are those which are provided in
the various laws (acts) of the Parliament and the
State Legislatures.
Economic, social and Cultural rights
Right to employment
Right to housing
Second Generation Rights
Civil and Political Rights
First Generation Rights
Right to adequate health care
Right to social security
Right to Vote
Freedom of Assembly
Freedom of Speech
Human Rights
Freedom of Religion
Right to Economic development
Third Generation Rights
Rights at a collective level: Society
Fourth Generation Rights
Development related rights
Right to breathe unpolluted air
Right to live in a cohesive society
Abortion Right
Third Sex Right
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FUNDAMENTAL RIGHTS
Basic of FR’s:
2. Right to freedom (Articles 19–22)
•
3. Right against exploitation (Articles 23–24)
•
Fundamental Rights are basic rights which are
available to the citizen of a country.
4. Right to freedom of religion (Articles 25–28)
A Fundamental Rights are defined as an interest
protected by law of the land.
5. Cultural and educational rights (Articles 29–
•
The Fundamental Rights are enshrined in Part III of
the Constitution under Articles 12 to 35.
6. Right to property (Article 31)
•
The framers of the Constitution derived inspiration
from the Constitution of USA (i.e., Bill of Rights).
•
Part III of the Constitution is rightly described as the
Magna Carta of India.
•
In the original Constitution 7 Fundamental Rights
were mentioned
30)
7. Right to constitutional remedies (Article 32)
•
The right to property was deleted from the list of
Fundamental Rights by the 44th Amendment Act,
1978.
•
Now right to property is made a legal right under
Article 300-A in Part XII of the Constitution.
•
So, at present, there are only six types of
Fundamental Rights.
1. Right to equality (Articles 14–18)
King John was forced to
sign in 1215
Charter of Liberties
Magna Carta
Put a check upon the arbitrary
Powers of the King.
Foundation-stone of the rights
and liberties of the English
people.
The Bill of Rights derives from the
Magna Carta (1215), the English Bill of
Rights (1689)
first 10 amendments to the
U.S. Constitution
It guarantees civil rights and
liberties to the individual
It provides freedom of
speech, press, and religion.
Bill of Rights
Put Limitation on federal
and state governments.
FR’s of the Indian constitution
derived inspiration from the Bill of
Rights
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FUNDAMENTAL RIGHTS
Defended and guaranteed by the
Supreme Court.
Provide six set of Fundamental
rights
They are not absolute but qualified
Fundamental Rights
Available against the arbitrary
action of the State
They are not sacrosanct or
permanent.
They are justiciable in nature
Classification of Six Type of Fundamental Rights
Right to Equality
Article 14
Article 15
Article 16
Article 17
Article 18
Equality before law and equal protection of laws
Prohibition of discrimination on different grounds.
Equality of opportunity in matters of public employment
Abolition of untouchability
Abolition of titles (except military and academic)
Right to Freedom
Article 19
Protection of six rights regarding
o
o
o
Freedom of speech and expression:
Assemble peacefully peaceably and without arms;
To form associations or unions;
o
To free movement throughout territory of India:
Article 20
Article 21
Article 21A
Article 22
o To reside in any part of the territory of India:
o To practice any profession, or
o To carry on any occupation, trade or business
Protection in respect of conviction for offences
Protection of life and personal liberty
Right to education
Protection against arrest and detention in certain cases
Rights against
Exploitation
Article 23
Article 24
Prohibition of traffic in human beings and forced labor
Prohibition of employment of children in factories etc.
Right to Freedom of
Religion
Article 25
Freedom of conscience and free profession practice
And propagation of religion
Freedom to manage religious affairs
Freedom from payment of taxes
For promotion of any particular religion
Freedom from attending religious instructions
Or religious worships in certain educational institutions
Article 26
Article 27
Article 28
Educational and
Cultural Rights
Right to
Constitutional
Rights
Article 29
Article 30
Article 31
Protection of interests of minorities
Right of minorities to establish
And administer educational institutions
Omitted by the 44th Amendment Act
Article 32
Right to Constitutional remedies
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FUNDAMENTAL RIGHTS
•
Features of The Fundamental Rights
The enumeration of Fundamental Rights in the Indian
Constitution is more detailed and elaborate than in any
other Constitution of the World.
These rights reflect the authenticity and dynamism of
the Indian Constitution. They act as an instrument of
democratic government. Following are the features of
Fundamental Right •
•
•
positive in nature, conferring certain privileges on
the persons.
•
•
Protected by SC: They are defended and guaranteed
by the Supreme Court.
•
Denial of FRs in some cases: The State may also
Not absolute: They are not absolute but qualified.
deny some of the Fundamental Rights to a class of
The state can impose reasonable restrictions on
them.
people such as armed forces.
Safeguard against state action: Most are available
•
character, that is, place limitations on the authority
of the State.
Not permanent in nature: They are not sacrosanct
or permanent. The Parliament can curtail or repeal
them but only by a constitutional amendment act
and not by an ordinary act.
against the action of private individuals.
Negative in Character: Some of them are negative in
Para-military
personnel, police forces etc.
against the arbitrary action of the State, with a few
exceptions like those against the State’s action and
•
Justiciable in nature: They are justiciable, allowing
persons to move the courts for their enforcement, if
and when they are violated.
Availability: Some of them are available only to the
citizens while others are available to all.
Positive in Character: while some of them are
•
Suspension of FR’s: They can be suspended during
the operation of a National Emergency except the
rights guaranteed by Articles 20 and 21.
Special Cases for Article 19
Further, the six rights guaranteed by Article 19 can be suspended only when emergency is declared on the
grounds of war or external aggression (i.e., external emergency) and not on the ground of armed rebellion (i.e.,
internal emergency).
Restrictions on Fundamental Rights
Qualified because these rights
are subject reasonable
restrictions imposed by the
State
FR’s granted to Individual
are not Absolute
But, FR’s are qualified in
nature
Reasonable restrictions to the Fundamental Rights
have been mentioned in the constitution itself.
Where are they
mentioned?
What are the
grounds for
restrictions?
▪
The grounds of restrictions vary for different Rights. Some of the
▪
restrictions mentioned include –
Advancement of any socially and educationally backward classes
of citizens or SCs and STs
▪
In the interest of general public, public order, decency or morality.
▪
Sovereignty and integrity of India.
▪
Friendly relations with foreign States.
▪
Security of the State.
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FUNDAMENTAL RIGHTS
Article 12
Article 12 has defined the term ‘STATE’ for the purposes of Part III. According to it, the State includes the following:
Executive and legislative organs
of the Union government.
Government and Parliament of India
All local authorities
Municipalities, panchayats,
district boards, improvement
trusts, etc.
All other authorities
State
Statutory or non-statutory
authorities like LIC, ONGC, SAIL
Government and legislature of states
Executive and legislative organs
of state government.
Important to Note: According to the Supreme Court, even a private body or an agency working as an instrument of
the State falls within the meaning of the ‘State’ under Article 12.
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FUNDAMENTAL RIGHTS
Article 13
Article 13 declares that all laws that are inconsistent with
or in derogation of any of the fundamental rights shall
be void.
•
•
In other words, any law that violates any of the
articles of the Fundamental Rights is
unconstitutional.
The Supreme and High Courts are entrusted with
the functions of guardian and guarantor of basic
rights under Articles 32 and 226.
•
Permanent laws enacted by the Parliament or the
state legislatures;
•
Temporary laws like ordinances issued by the
president or the state governors;
•
Statutory instruments in the nature of delegated
legislation (executive legislation) like order, bye-law,
rule, regulation or notification; and
•
Non-legislative sources of law, that is, custom or
usage having the force of law.
The term ‘law’ in Article 13 has been given a wide
connotation (meaning) so as to include the following:
Who has the power? Power of
judicial review is available to the
courts both against legislative and
executive actions.
What is it? Judiciary's ability to
examine and assess the legality
of a law or an order.
Article 13
Judicial Review
Supreme Court (Article-32)
Doctrine of Judicial Review originated under
the United States Constitution
High Court (Article 226)
Judicial Review is a part of the Basic
Structure of the Constitution.
In India, judicial review is based on the
“procedure established by law”
Maneka Gandhi vs Union of India (1978)
In the above case the Indian Judiciary
adopted a liberal interpretation which
made term "procedure established by law"
equivalent with "due process”.
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FUNDAMENTAL RIGHTS
Right to Equality (Articles 14-18)
Article 14
o
Not answerable to any court for the
exercise and performance of the powers
and duties of office.
o
No criminal proceedings shall be instituted
or continued against them in any court
during term of office.
o
No process for the arrest or imprisonment
of them shall be issued from any court
during term of office.
o
Civil proceeding on personal acts only after
two months notice: There may be civil
Article 14 guarantees to all persons (citizens as well as
non-citizens) equality before the law or the equal
protection of the laws within the territory of India.
'Equality before law’:
•
The first expression, 'equality before law’ is of British
origin.
•
It is a negative concept which means that no man is
above the law of the land.
•
Every person whatever be his social standing is
subject to the jurisdiction of the courts.
proceedings but two months before the
opposing party has to give notice, in writing
describing of the name, address, and
'Equal protection of laws':
•
The expression 'equal protection of laws' is of
American origin.
•
It is a positive concept which means that among
dispute.
•
equals the law should be equal.
•
•
publication in a newspaper (or by radio or
The law should be equally administered and like
should be treated alike
television) of a substantially true report of any
proceedings of either House of Parliament or either
House of the Legislature of a State (Article 361-A).
The like should be treated alike without any
discrimination.
•
Exceptions to Right to Equality:
•
The President of India and the Governor of States
enjoy the following immunities-
No member of Parliament shall be liable to any
proceedings in any court in respect of anything said
or any vote given by him in Parliament or any
committee thereof (Article 105). (privilege)
The rule of equality before law is not absolute and
there are constitutional and other exceptions to it.
No person shall be liable to any civil or criminal
proceedings in any court in respect of the
•
No member of the Legislature of a state shall be
liable to any proceedings in any court in respect of
anything said or any vote given by him in the
Legislature (Article 194).
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FUNDAMENTAL RIGHTS
No one is above Law
British Constitution
No Special Privileges
'Equality before law’
No man is above the law of the land.
Article 14
Among equals the law should be equal.
Equal Protection of Law
Like should be treated alike
American Constitution
Article 15
No Discrimination
o
Article 15(3): The state is permitted to make
any special provision for women and children.
Article 15 provides that the State shall not discriminate
against any citizen only on certain grounds of religion,
race, caste, sex or place of birth.
•
-
reservation of seats for
women in local bodies (Inserted by the 73rd
and 74th amendment) or provision of free
education for children.
Article 15(2): No citizen shall be subjected to any
disability, liability, restriction or condition on
grounds only of religion, race, caste, sex, or place of
For example:
o
Article 15(4): The state is permitted to make
birth with regard to:
any special provision for the advancement of
any socially and educationally backward classes
o
Access to shops, public restaurants, hotels and
places of public entertainment; or
of citizens or for the SC’s and ST’s.
o
The use of wells, tanks, bathing ghats, road and
places of public resort maintained wholly or
partly by State funds or dedicated to the use of
-
For example: Reservation of seats or fee
concessions
in
public
educational
institutions.
general public.
o
Constitutional Amendment Act. 1951
This provision prohibits discrimination both by
the State and private individuals.
o
•
There are few exceptions to this general rule of nondiscrimination:
Article 15(4) has been added by the 1st
Article 15(5): The state is empowered to make
any special provision for the advancement of
any socially and educationally backward classes
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FUNDAMENTAL RIGHTS
or for the SC or ST regarding their admission to
educational institutions including private
educational institutions, whether aided or
unaided by the state, except the minority
•
educational institutions.
•
-
Article 15(5) was introduced by
Article 15 (6): Empowered the State to make
special provisions for the advancement of any
economically weaker section of citizens, including
reservations in educational institutions.
This was added by the 103rd constitutional
amendment, 2019.
93rd
Constitutional Amendment Act. 2005.
Article 15 (1)
Shall not
discriminate
On grounds of religion, race,
caste, sex or place of birth.
Reservation of seats for women
in local bodies or
Provision of free education for
children.
Article 15 (3)
Special
Provision
Article 15
Advancement of Women and
Children
Reservation of seats for women
in local bodies or
Provision of free education for
children.
Article 15 (4)
Article 15 (6)
Special
Provision
Special
Provision
Reservation of seats or
Fee concessions in public
educational institutions.
Empowered the State to make
special provisions for the
advancement of any economically
weaker section of citizens,
including reservations in
educational institutions.
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FUNDAMENTAL RIGHTS
FUNDAMENTAL RIGHTS
which in the opinion of the State are not ‘adequately
represented’ in the services under the State.
Article 16
Article 16 deals with equality of opportunity in matters
of public employment.
▪
▪
▪
Article 16(3): It provides for an exception. It states
that Parliament can make a law prescribing
residence within a ‘state’ or ‘union territory’ as a
condition for employment or appointment to an
office under the Government, local authority or any
other authority within the state / union territory.
▪
Article 16(4): It empowers the State to make special
provision for the reservation of appointments or
posts in favour of any backward class of citizens
by
the
Article 16(4B) introduced by the “81st constitutional
unfilled vacancies reserved for SC/ST to subsequent
years. This is commonly referred to as "carry forward
rule”.
▪
Article 16 (5) – Nothing in the article will impact
operation of the law which provides for incumbent
of a religious or denominational institution or any
member of Governing body to be from a particular
religion or denomination.
▪
Article 16 (6) is added to provide reservations to
people from economically weaker sections in
government posts. This was added by the 103rd
amendment act, 2019.
Equality of opportunity in Employment
No discrimination - religion, caste, sex etc.
Article 16
“77th
Amendment Act 2000” provides for carrying over of
discriminated against or be ineligible for any
employment or office under the State on grounds
only on religion, race, caste, sex, descent place of
birth or residence or any of them.
▪
introduced
reservation of seats in matter of ‘promotion’ with
consequential seniority for Scheduled Castes and
Scheduled Tribes.
Article16(1): It guarantees equality of opportunity
Article 16(2): It provides that no citizen can be
16(4A)
constitutional Amendment Act. 1995” provides for
to all citizens in the matters relating to employment
or appointment to any office under the State.
▪
Article
No discrimination – On grounds of residence
Reservation – For Backward Class of Citizen
Exception for the Heads of Religious/
denominational Institutes.
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FUNDAMENTAL RIGHTS
Reservation in promotions for EWS in Government
posts.
Article 16
Understanding of Reservation System:
▪
▪
It is an ‘affirmative action’ where certain percentage
of seats for a certain class such as Scheduled Castes,
Scheduled Tribes, Backward classes, etc. are
The reservation will be applicable in the public
sector units, union and state civil services, union and
state government departments and in all public and
private educational institutions.
reserved.
The Supreme Court ruling that reservations cannot
exceed 50% (which it judged would violate equal
access guaranteed by the Constitution) has put a cap
on reservations. (Indira Sawhney case).
Reservation System in India
Total Constitutional Reservation
Reservation Percentage is 49.5% + 10%
EWS (Under Supreme court consideration)
50.5 % Open to All i.e general,
SC, ST And OBC.
15% seats are reserved for Scheduled Castes
(SC).
7.5% seats are reserved for Schedule tribes
(ST).
27% seats are reserved for Other backward
classes (OBC).
Constitutional Provisions:
▪
o
empowers the State to make special provision
for advancement of socially and educationally
backward class of citizens (OBC’s) or SC or ST’s.
Article 16(3)- It is an exception to clause 2 of Article
16 which forbids discrimination on the ‘ground of
residence.
▪
Article 16(4)-Reservation for Backward Classes in
Public Employment. Article 16(4) is the 2nd exception
to the general rule embodied in Articles 16(1) and (2).
Supreme Court on Reservation:
▪
▪ Indra Sawhney v. Union of India (1992)
caseo
The court has said that the ‘creamy layer of
OBC’s should be excluded from the list of
beneficiaries of reservation.
o
There should not be ‘reservation in promotions’,
and total reserved quota should not exceed 50%.
The State of Madras v. Dorairajan (1951) caseo
This was the 1st Judgement on reservation in
Independent India.
Added 15 (4) to the constitution which
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o
o
To nullify the ruling with regard to reservation in
promotions
the
77th
Constitutional
Amendment Act was passed by the Parliament
which introduced Article 16(4A).
FUNDAMENTAL RIGHTS
providing a quota of 27% for candidates belonging to
the OBCs.
▪
The Article confers power on the state to
reserve seats in favor of SC and ST communities
in promotions in Public Services.
Institutes of Management (IIMs)’.
▪
In April 2008, the Supreme Court upheld the validity
of both, the Amendment Act and the OBC Quota Act.
▪
But the Court directed the central government to
exclude the ‘creamy layer’ (advanced sections)
▪ The Supreme Court in M. Nagaraj v.
Union Of India 2006 caseo
While upholding the constitutional validity of Art
16(4A) SC held that any such reservation policy
(which gives reservation in promotion to
SC/ST’s) in order to be constitutionally valid shall
satisfy the following 3 requirements:
-
The SC and ST communities should be
‘socially and educationally backward’.
-
The SC and ST communities are ‘not
adequately
represented’
in
public
employment.
-
o
▪
The children of the following different categories of
people belong to ‘creamy layer’ among OBCs will
not get the quota benefit:
o
Persons holding constitutional posts like
President, Vice-President, Judges of SC and HCs,
Chairman and Members of UPSC and SPSCs, CEC,
CAG and so on.
o
Group ‘A’ / Class I and Group ‘B’ / Class II Officers
of the All India, Central and State Services; and
Employees holding equivalent posts in PSUs,
Banks, Insurance Organizations, Universities
etc., and also in private employment.
o
Persons who are in the rank of colonel and
above in the Army and equivalent posts in the
Navy, the Air Force and the Paramilitary Forces.
o
Professionals like doctors, lawyers, engineers,
artists, authors, consultants and so on.
The Court held that State cannot grant
reservations in the promotion to SC/ST
o
Persons engaged in trade, business and industry.
individuals who belong to the creamy layer of
their community.
o
People holding agricultural land above a certain
limit and vacant land or buildings in urban areas.
o
Persons having gross annual income of more
The Supreme Court held that reservation in
promotions does not require the state to collect
‘quantifiable data’ on the backwardness of the
SC’s and the ST’s.
The Question of Creamy Layer:
▪
among the OBCs while implementing the law.
Such a reservation policy shall not affect the
‘overall efficiency of the administration’.
▪ In Jarnail Singh vs Lachhmi Narain
Gupta 2018 caseo
The reservation applicable to all ‘central higher
educational institutions’ including the ‘Indian
Institutes of Technology (IITs)’ and the ‘Indian
The Centre enacted the Central Educational
Institutions (Reservation in Admission) Act, 2006,
than 8 Lakhs (earlier 1, 2.5, 4.5, 6, now 8 lakh)
or possessing wealth above the exemption limit.
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FUNDAMENTAL RIGHTS
Committee’s on the Issue of
Reservation
To assess the situation of the socially and educationally
backward class.
Kelkar Commission,
1953
The report was accepted as far as SC and ST were concerned.
Report
Mandal
Commission, 1979
Report
The recommendations for OBC’s were rejected.
To assess the situation of the socially and educationally
backward.
By using 1930 census data, it classifying 1,257 communities
as backward Class
It recommended to increase the quota from 22% to 49.5%.
Sachar Committee,
2003
To assess the social, economic and educational status of the
Muslim community of India.
Report
It clearly found that Muslim community was “seriously
lagging behind in terms of most of the human
development indicators.” Committee recommended 5%
reservation
Article 17
Untouchability
Background
▪
Article 17 abolishes ‘untouchability’ and forbids its
practice in any form.
▪
The enforcement of any disability arising out of
untouchability shall be an ‘offence’ punishable in
‘accordance with law’.
There is a ‘four-fold system’ in India which divides the
population into four Varnas or groups namely Brahmins,
Kshatriya, Vaisya, and Shudra.
Untouchability is a form of social exclusion that is
practiced against the lower, impure castes.
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FUNDAMENTAL RIGHTS
Hierarchical order of the Caste System in
India
Brahmin
Kshatriya
Vaishya
Downward
Mobility
Upward Mobility
Untouchables
Habitation Segregation
Occupational Segregation
Segregation of Dalits from Main stream
society
Manual Scavenging separation from
main stream of Society
Forms of
Untouchability
There are prohibitions on social mixing,
using common wells, separate dwelling
Prohibitions of inter-caste marriages in
various part in India
Civic Segregation
Inter Caste Marriages
Defining Untouchability:-
Both Gandhi and Ambedkar abhorred
untouchability.
▪
▪
Untouchability is not defined in the Indian
Constitution.
▪
However, in one of its judgments, the Mysore High
Court confirmed its meaning.
Gandhi called them “Harijan” (God’s children) in
order to persuade caste
discriminating against them.
▪
▪
Hindus
to
stop
Dr Ambedkar fought all his life to abolish
untouchability. He also explained to the backward
community the reality of the oppression they faced.
His ultimate aim was to galvanize his people to
challenge and change the status quo.
Article 17 of Indian constitution envisaged
aspiration from Ambedkar.
o
According to the court, the subject matter of
Article 17 is not untouchable in its literal or
grammatical sense but the ‘practice as it had
developed historically in the country’.
o
It refers to the social disabilities imposed on
certain classes of persons because of their birth
in certain caste.
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o
FUNDAMENTAL RIGHTS
Hence, it does not cover the social boycott of a
few individuals or their exclusion from religious
services, etc
Civil Rights (Protection Act, 1976)
▪
Further, the name of the Original Act has been
changed to Civil Rights (Protection Act, 1976).
▪
Law to End Untouchability:
The Act was enlarged to include the following as
offences within its scope:
Untouchability (Offences) Act, 1955:
o
Preaching untouchability
▪
Parliament has enacted
(Offences) Act, 1955.
Untouchability
o
Insulting a member of a schedule caste on the
ground of untouchability
▪
This Act prescribes punishment for the practice of
untouchability.
o
Justifying untouchability on historical, religious
or philosophical grounds
▪
The act declares the following acts as offences:
the
The Scheduled Caste and Scheduled Tribe Prevention of
Atrocities Act, 1989
o
preventing any person from entering any place
of public worship or from worshipping therein;
▪
The acts provide victims with assistance and
rehabilitation.
o
justifying untouchability on traditional,
religious, philosophical or other grounds;
▪
It establishes a special court and a special police
force.
o
denying access to any shop, hotel or places of
public entertainment;
o
insulting a person belonging to scheduled caste
on the ground of untouchability;
o
refusing to admit persons in hospitals,
educational institutions or hostels established
for public benefit;
o
preaching untouchability directly or indirectly;
and
o
refusing to sell goods or render services to any
person.
Article 18
Abolition of titles (except military and academic)
▪
Article 18(1): It prohibits the State to confer titles on
anybody whether a citizen or a non-Citizen except
Military and academic distinctions.
o
Untouchability (Offences) Amendment Act,
1976
▪
▪
This Act has been amended by the Untouchability
(Offences) Amendment Act, 1976
It made the laws more stringent to remove
untouchability from the society.
Exception of 18(1):
Bharat Ratna, Padma
Vibhushan Padma Bhushan, Padma Shri and
other State awards are not regarded as titles
terms of Article 18(1) of the Constitution.
▪
Article 18(2): It prohibits a citizen of India from
accepting any title from any foreign State.
▪
Article 18(3): It provides that a foreigner holding any
office of profit or trust under the State cannot accept
any title from any foreign State without the consent
of the President.
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▪
FUNDAMENTAL RIGHTS
It is to be noted that there is no penalty prescribed for infringement of the above prohibition. It is however
open to Parliament to make a law to dealing with such person who accepts a title in violation of the
prohibition prescribed in Article.
It prohibits from accepting any title from
any of the foreign states.
Article 18
Applicability
Indian Citizen
Except military or the
academic distinction
It prohibits the state from the conferring
any title
A foreigner holding any office of the
profit cannot accept any title
Consent of President
needed
Foreign Citizen
Important to Note:
▪
▪
The British government had created an aristocratic
class known as Rai Bahadurs and Khan Bahadurs in
India – these titles were abolished.
However, ‘military’ and the ‘academic distinctions’
can be conferred on the citizens of India. The awards
▪
In Balaji Raghavan v. Union of India, 1996 caseo
In this case, the validity of national awards was
challenged in the Court under Article 18 on the
ground of their inconsistency with that Article.
o
Supreme Court came to the conclusion that they
did not conflict with Article 18 because they did
not amount to ‘titles’ within the meaning of this
cannot be used by the recipient as a title.
▪
The Supreme Court has upheld the constitutional
validity of the National Awards — Bharat Ratna,
Padma Vibhushan, Padma Bhushan and Padma Sri.
article.
o
However, SC added that they could not be
added as suffixes or prefixes to the names of the
awardee and if so, added they could be forfeited
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RIGHT TO FREEDOM
RIGHT TO FREEDOM -Article 19 to 22
Article 19
RIGHT TO FREEDOM
(Protection of Six Rights)
Article 20
Article 21
Article 21A
Article 22
Protection of six rights regarding
o Freedom of speech and expression:
o Assemble peacefully and without arms;
o To form associations or unions;
o To free movement throughout territory of India:
o To reside in any part of the territory of India:
o To practice any profession, or
o To carry on any occupation, trade or business
Protection in respect of conviction for offences
Protection of life and personal liberty
Right to education
Protection against arrest and detention in certain cases
Article 19
▪
To free movement throughout territory of India.
▪
To reside and settle in any part of the territory of
India.
▪
To practice any profession, or to carry on any
occupation, trade or business.
It guarantees to all citizens the following six rights ▪
Freedom of speech and expression.
▪
Peaceful Assemble.
▪
To Form Association or Unions.
None of the rights mentioned above are absolute in
nature and state can put ‘reasonable restrictions’
based on certain grounds.
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RIGHT TO FREEDOM
Remember, a law restricting the exercise of any of the 6 freedoms guaranteed by Article 19(1) needs to be
constitutionally valid.
Reasonable Restrictions on Right to freedom
▪
o
Defamation, contempt of court, decency,
morality, incitement to an offence, public order,
sovereignty and integrity of India, security of
state, friendly relations with foreign nations.
For right to peaceful assembly –
o
▪
For right to move –
For freedom of speech and expression –
o
▪
▪
Freedom of Residence –
o
▪
Interest of general public, protection of
scheduled tribes
Right to practice any profession-
Public order, Sovereignty and Integrity of India,
o
For right to form union or association
o
Interest of general public, protection of
scheduled tribes
Interest of general public and technical
qualifications.
Public order, sovereignty and integrity of India,
Morality
Also, the reasonable restrictions imposed by the Parliament are subject to Judicial Review by the Supreme Court.
Article 19(1)(a) -
Freedom of Speech and Expression
By words of mouth
Right to
conviction
express
ones'
own
By writing
By Printing
By Pictures etc.
Article 19(1)(a)
Right to express ones’ opinion freely
Right to Express one's own ideas
“All citizens shall have the right to freedom of speech
and expression”. It means-
▪
▪
▪
Every citizen has the freedom to openly express
their thoughts and opinions.
Through any
communicable medium
like- gestures, banners,
signs etc
The right to speak includes the ‘right to remain
silent’.
This right is solely available to Indian citizens, not to
‘foreign nationals.
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▪
RIGHT TO FREEDOM
This right is not absolute, state can put ‘reasonable
Freedom of Press Issue-
restrictions’ in following groundso
In the interests of India's ‘sovereignty’ and
▪
‘integrity’,
o
The state's security, friendly relations with
foreign states,
o
Public order, decency, and morality,
o
As well as contempt of court, defamation, and
incitement to an offence.
No-where in the constitution is the freedom of
press explicitly mentioned but it is implicit in the
freedom of speech and expression.
▪
Implicit Right: Freedom of the press is not expressly
protected by the Indian legal system, it is implicit
under the provisions of article 19(1)(a) of the
constitution.
▪
The Press does not enjoy any special privilege in
India and its status is same as that of an ordinary
citizen under Article 19(1)(a))
▪
Also Freedom of Press is not absolute. Reasonable
Issue pertaining to Freedom of Speech
Restriction are applicable to its freedom under
Article 19 (2).
National Anthem IssueBijoe Emmanuel vs. State of Kerala.
▪
Background - Children belonging to the Jehovah's
Issue of Hate Speech-
Witnesses were expelled from school.
▪
The reason for the expulsion was that the children
were refused to perform the national anthem.
▪
The expulsion violated their fundamental right
guaranteed under Article 19(1)(a).
▪
▪
They challenged the validity of their expulsion
before the Kerala High Court.
Response:
o
The court upheld the expulsion as valid and on
the ground that it was their fundamental duty
to sing the national anthem.
▪
Definition – In simple words, Hate Speech refers to
words whose intent is to create hatred towards a
particular group, that group may be a community,
religion or race.
Legal Position: Hate speech is not defined in legal
framework
Supreme Court:
▪
Pravasi Bhalai Sangathan v. Union of India (2014)
caseo
marginalise individuals based on their
membership in a group” and one that “seeks to
Supreme Court:
o
o
On appeal via Special leave Petition, the case
reached the Supreme Court where it held that
the students did not commit any offence under
the Prevention of Insults to National Honour
Act, 1971.
delegitimise group members in the eyes of the
majority, reducing their social standing and
acceptance within society.”
Law Commission:
o
It was held that the children’s expulsion from
the school was a violation of their
fundamental right under Article 19(1) (a), which
also includes the freedom of silence.
SC described hate speech as “an effort to
The 267th report of the Law Commission
defined Hate speech as “an incitement to
hatred primarily against a group of persons
defined in terms of race, ethnicity, gender,
sexual orientation, religious belief and the like”.
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RIGHT TO FREEDOM
o
Indian Penal Court
▪
acts which deliberately or with malicious
intention outrage the religious feelings of a
class of persons.
The Indian Penal Code makes those speeches illegal
which are intended to promote enmity or prejudice
the maintenance of harmony between different
classes.
o
o
Sections
505(1)
and
505(2):
Make
the
publication and circulation of content which
may cause ill-will or hatred between different
Sections 153A and 153B of the IPC: Punishes
acts that cause enmity and hatred between two
groups.
Article 19(1)(b)
Section 295A of the IPC: Deals with punishing
groups an offence.
Freedom of Assembly
It guarantees to all citizens of India Right to assemble peacefully and without arms.
Right to hold meetings
Article 19(1)(b)
Right to hold demonstrations
To take out processions
Certain
Restrictions
Must be unarmed
The assembly must be peaceful
Must not cause any breach of public
peace
Reasonable Restriction to the Freedom of Assembly Public order, Sovereignty and Integrity of India
▪
The freedom to form association implies-
Article 19(1)(c) Freedom to form Association
Freedom to form association
c
It is a fundamental right guaranteed which declares
that every citizen has the right to form groups or
unions for a legal purpose.
Freedom to, not to join an union
▪
Freedom to, not to form association
Freedom to join an union
Association: In order to achieve a ‘common goal’ or
a ‘legitimate purpose’, group of people come
together to form association and shared a set of
common interests.
▪
Who covered under the Article? A wide range of
activities including societies, political parties,
companies and trade unions etc covered under this
article.
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▪
RIGHT TO FREEDOM
o
Restrictions
o
Like all other freedom, this freedom is also not
absolute
Article 19(1)(d)
State can impose reasonable restrictions in the
interest of the sovereignty and integrity of
India or public order or morality.
Freedom of Movement
c
Internal- right to move inside the country
Freedom of
Movement
Article 19(1)(d)
External- right to move out of the country
and right to come back to the country.
▪
▪
A citizen can move freely from one State to another
or from one place to another within a State.
Cases on Freedom of Movement:
Article 19 protects the ‘right to move inside the
country’ whereas ‘external movement’ dealt
State can impose reasonable restrictions in the interest
of the general public or for the protection of the
interest of any Scheduled Tribe.
through ‘Right to life and personal liberty’
▪
guaranteed by Article 21.
Supreme Court held that the right to move freely
throughout the territory of India means the right of
locomotion which connotes the right to move
wherever one likes, and however one likes.
Restrictions -
▪
o
It guarantees to citizens the right to move
freely throughout the ‘territory of India’.
o
But, the movement subject to the reasonable
restrictions.
o
State can impose restriction on grounds of the
interests of general public and the protection
of the interest of any schedule tribe.
Kharak Singh V. State of UP (1963) Case: The
▪
State of UP V. Kaushalya Case (1964) - In this case,
the Supreme court held that the right of movement
of prostitutes may be restricted on grounds of
Public Health and in the interest of Public Morals.
This right has two parts such asArticle 19 (1) (e)
Freedom of Residence
Article 19 (1) (e)
c
Freedom of Residence
Right to reside in any part
of the country
One can stay at any place
temporarily
Right to Settle
Right to reside in any part
of the country
One can set up a home at
any place permanently.
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▪
RIGHT TO FREEDOM
It guarantees to citizens the right to ‘reside’ and
‘settle’ in any part of the territory of India.
Supreme Court on Right to Residence or Settle
SC recently held that the power of the State to pass an
externment order or a direction barring certain people
entry to specified areas should be exercised only in
“exceptional cases”.
▪
The Freedom of Movement and Residence apply
only to citizens of India and ‘not the Foreigners’.
▪
A foreigner cannot claim the right to reside and
settle in the country as guaranteed.
▪
Externment orders prevent the movement of a
person in certain areas.
▪
The Government of India has the power to expel
foreigners from India.
▪
The court said externment orders have their use in
maintaining law and order.
▪
However, they cannot be employed as a vindictive
or retaliatory measure.
▪
The drastic action of externment should only be
taken in exceptional cases.
Restrictions on Freedom of Resident
▪
This right is intended to remove internal barriers
within the country or between any of its parts and
promotes nationalism.
▪
However, the state can impose reasonable
restrictions on the exercise of his right on grounds
of the interest of general public and the protection
of interest of any scheduled tribe.
More recently, the apex court ruled that a person’s
fundamental right to reside and to move about freely
anywhere in India cannot be refused on “flimsy
grounds”.
Article 19(1)(g) Freedom of Trade and Occupation
▪
c
▪
▪
This right aims at the welfare and well-being of the
citizens as well as the nation as a whole.
It guarantees that all citizens have the right to
practice any profession or to carry on any
occupation or trade or business.
▪
The right to carry on a business also includes the
right to close it, at any time depending upon the
desire of the owner. The State cannot compel any
Under this article, every citizen has the right to
choose an employment, or take up any trade or
occupation etc as per his volition and free will.
▪
Restrictions: At the same time the State has the
citizen to run a business which is against his will.
right to impose certain limits, which it feels
necessary for the interest of the public.
Article 20
It guarantees to individuals- citizens and non-citizens protections against conviction for offences.
No person shall be
Article 20
Article 20(1)
Ex post Facto Law
Convicted of any offence except for
violation of a law in force
Article 20(2)
Double Jeopardy
Prosecuted and punished for the
same offence more than once.
Article 20(3)
Self Incrimination
shall be compelled to be a witness
against himself.
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▪
Article 20 has taken care to safeguard the rights of
persons accused of crimes.
▪
Persons includes the citizens, non-citizens as well
RIGHT TO FREEDOM
▪
o
as corporations.
▪
This article cannot be suspended even during an
emergency in operation under article 359.
▪
Article 20 also constitutes the limitation on the
legislative powers of the Union and State
legislatures.
▪
o
▪
Convicted of any offence except for violation of
a law in force at the time of the commission of
the act.
Subjected to a penalty greater than that
prescribed by the law in force at the time of the
commission of the act.
No double jeopardy: No person shall be prosecuted
and punished for the same offence more than once.
▪
No self-incrimination : No person accused of any
offence shall be compelled to be a witness against
himself.
‘Reasonable Restrictions’
▪
Limitation is imposed only on ‘criminal laws’ and
not on ‘civil laws’ or ‘tax laws.
o
In other words, a ‘civil liability’ or a ‘tax’ can be
imposed retrospectively.
o
Further, this provision prohibits only conviction
or sentence under an ex-post-facto criminal law
and not the trial.
The protection against self-incrimination extends
to
both
‘oral evidence’ and ‘documentary
evidence’. However, it does not extend to-
No ex-post-facto law: ‘No person’ shall be o
In other words, it is not available in proceedings
before ‘departmental’ or ‘administrative
authorities’ as they are not of judicial nature.
As per Article 20
▪
The protection against double jeopardy is available
only in proceedings before a court of law or a
judicial tribunal.
o
Compulsory production of material objects
o
Compulsion to give thumb impression,
specimen signature, blood specimens, and
o
Compulsory exhibition of the body.
Recent Development:
▪
State of Mizoram vs. Dr. C. Sangnghina-
Background –
The Judgment is based on an appeal filed by the State
of Mizoram against an order passed by the ‘Guwahati
High Court’ in August 2015.
What was the order?
In the order the High court had upheld a Special Court
decision to decline to entertain a 2nd charge sheet filed
in a corruption case against the accused on the ground
of double jeopardy.
What was the decision of the Supreme court?
In its judgment SC held that the ‘High Court’ and the
‘Special Court’ had erred in declining to take on file
fresh / second charge sheet. It held that the bar of
double jeopardy does not apply as the person was
discharged
due
to
lack
of
evidence.
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RIGHT TO FREEDOM
Article 21
Maneka Gandhi vs. Union of India case (1978)-
No person shall be deprived of his life or personal
liberty except according to ‘procedure established by
It was a landmark Judgment of the Supreme Court in
which the Court significantly expanded the
law’. This right is available to both ‘citizens’ and ‘non-
interpretation of Article 21 of the Constitution of India.
citizens’.
▪
▪
SC has held that the ‘right to life’ as embodied in
however such procedure should not be ‘arbitrary’
Article 21 is not merely confined to animal
existence or survival.
▪
▪
But, it includes the right to live with human dignity
and all those aspects of life which go to make a
man’s life meaningful, complete and worth living.
and ‘irrational’.
▪
must pass the test of the said provisions.
▪
The Supreme Court had reaffirmed this in the
Menaka case (1978) and in subsequent cases.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Right to live with human dignity
Right to decent environment including pollution free
water and air and protection against hazardous
industries
Right to livelihood
Right to privacy
Right to shelter
Right to health
Right to free education up to 14 years of age
Right to free legal aid
Right against solitary confinement
Right to speedy trial
Right against handcuffing
Right against inhuman treatment
Right against delayed execution
Right to travel abroad
Right against bonded labour
Right against custodial harassment
Right to emergency medical aid
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Various SC cases on Article 21:
A. K. Gopalan Case
▪
Key Outcome:
o
In this case it was held that under article 21
protection is available ‘only’ against the
arbitrary actions of executive.
The court ruled that the interpretation of “Personal
liberty” should be done in a liberal and broad sense.
▪
▪
The court overruled the A.K. Gopalan case and held
that a special relationship is there between Article
14, 19 and 21 (The Golden Triangle) and each law
It also ruled that the expression ‘Personal Liberty’
in Article 21 is of the widest amplitude and it
covers a variety of rights that go to constitute the
personal liberties of a man.
The court contended that the language used in
Article 21 is “procedure established by law’
In the context of preserving of personal life and
liberties, the apex court broadened the scope of
Article 21, and as a result of these, many rights find
a seat under the personal liberties of the citizen
that are as follows-
Right to timely medical treatment in government hospital
Right not to be driven out of a state
Right to fair trial
Right of prisoner to have necessities of life
Right of women to be treated with decency and dignity
Right against public hanging
Right to hearing
Right to information
Right to reputation
Right of appeal from a judgement of conviction
Right to social security and protection of the family
Right to social and economic justice and empowerment
Right against bar fetters
Right to appropriate life insurance policy
Right to sleep
Right to freedom from noise pollution
Right to electricity
o
This protection does not include the arbitrary
legislative actions by which laws are
formulated. This provision was overruled in the
Maneka Gandhi case where it was held that
protection under Article 21 is available both
against ‘legislative’ and ‘executive’ actions.
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ADM Jabalpur Versus Shivkant Shukla case 1975
(Habeas Corpus case)
▪
RIGHT TO FREEDOM
Maneka Gandhi Case, 1978▪
Key Outcome:
o
It was controversial Judgment which has been
heavily criticised.
o
It held that a person's right to not be unlawfully
detained (i.e. habeas corpus) can be suspended.
Key Outcome:
o
The meaning of “Liberty” under Article 21 is of
widest amplitude
o
Articles 14, 19 and 21 are not mutually
exclusive. That is, a law coming under article 21
must also satisfy article 14 and 19.
Recent Development:
Right to Live Dignified Life
This case was related to sexual harassment
▪
Sexual harassment hampers the right to life and the
right to live a dignified life.
o
▪
▪
▪
▪
The court held that the detention of the
prisoners was illegal as it completely violated
the Article 21 (Right to Life and Liberty).
The court held that in case an accused cannot
afford legal services due to some valid
established reasons, he has right to free legal
aid at the cost of the State.
This aid will form a part of fair, just and
reasonable procedure under Article 21 of the
Indian Constitution.
This case eventually led to the release of 40,
000 undertrials across India.
Right to privacy
KS Puttaswamy (Retd.) Vs. Union of India
(2018)
Hussainara Khatoon vs. the State of Bihar
A writ petition was filled in the Supreme court
which demanded the release of 17 undertrial
prisoners whose human rights were grossly
violated.
During this time, the prevailing laws permitted
only the accused or a relative of the accused to
file a petition before the court.
Ignoring this a writ of Habeas corpus came
before the Supreme court, which demanded
release of the undertrials. Habeas corpus
protects an individual from unlawful
incarceration.
This was the 1st case of “Public Interest
Litigation” in India.
▪
Right to free Legal Aid
▪
▪
▪
In this case, SC defined sexual harassment and
established the guidelines that has to be
followed by all workplaces also known as
‘Vishakha guidelines.
Background –
In simple word, a law which seeks to deprive a
person of his personal liberty must not be
arbitrary.
The Verdict –
Vishaka & ors. v/s state of Rajasthan Case▪
o
▪
SC ruled that individual privacy is intrinsic to life
and liberty and an inherent part of the fundamental
rights enshrined in the Article 21 of the
Constitution.
▪
The right to privacy is not just a common law right,
not just a legal right, not just a fundamental right
under the Constitution. It is a natural right inherent
in every individual.
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RIGHT TO FREEDOM
Right to Education
Right to Die
Mohini Jain vs. State of Karnataka case:
Aruna Ramchandra Shanbaug v. Union of India▪
▪
▪
Initially the Court had held that the right to life
under ‘Article 21’ of the Constitution does not
include the ‘right to die’.
But later Supreme Court held that passive
euthanasia can be allowed under exceptional
circumstances under the strict monitoring of the
Court.
In 1993, the Supreme Court’s landmark judgment in
the Unnikrishnan JP vs State of Andhra Pradesh &
Others held that Education is a Fundamental right
flowing from Article 21.
Mohini Jain vs. State of Karnataka case:
▪
The Supreme Court in this case held that the Right
to Education is a part of right to life under Article
21.
▪
Later, by the 86th amendment to the constitution
of India in 2002, provided Right to Education as a
fundamental right included in part-III of the
In 2018, a five-judge Constitution Bench, judgment
delivered by Chief Justice Dipak Mishra, gave legal
sanction to passive euthanasia.
▪
▪
It permitted ‘living will’ by patients which allows
Constitution, and inserted Article 21A .
withdrawal of medical support in case they slip into
an irreversible state of coma. The SC held that the
right to die with dignity is a fundamental right.
Article 21(A)
State shall provide for free and compulsory education
to children in the age of 6 to 14 years in such as
manner as a state may determine
▪
This provision deals with the Right to education
▪
It made elementary education as fundamental
rights
▪
It made right to free and compulsory education for
all the children aged 6-14
IMPORTANT TO NOTE:
▪
This provision was earlier present in article 45 of
the Constitution (DPSP).
▪
Through 86th Amendment act 2002, it was made a
fundamental right.
▪
This came into force on April, 2010. Also added
Fundamental duty 51 A (k).
In order to enforce the aforementioned provisions,
Right to Education Act, 2009 was passed
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RIGHT TO FREEDOM
Pupil Teacher Ratios (PTRs)
Norms and standards laid by the act
Buildings and infrastructure
Students shall be awarded a certificate.
School-working days
Teacher-working hours.
Free and compulsory education to all children
6 to 14 age group
Right to Education (RTE) Act, 2009
Professional degree needed for teacher
SCs and STs
Expenditure = state and central government.
Socially Backward Class
Differently abled
25% reservation for disadvantaged sections
Right of Children to Free and Compulsory
Education (Amendment) Act, 2019
Right to Education (RTE) Act, 2009
▪
It aims to provide primary education to all children
aged 6 to 14 years and mandates 25% reservation
Removed
▪
“No Detention Policy” from RTE
Act, 2009
No Detention Policy:
o
No detention policy is provided under Section
16 Right to Education Act (RTE).
o
It states that no child admitted in a school shall
be held back in any class or expelled till s/he
for disadvantaged sections of the society.
▪
It also makes provisions for a non-admitted child to
be admitted to an age appropriate class.
▪
This act made provisions regarding the sharing of
financial and other responsibilities between the
Central and State Governments.
▪
With the launch of the act, the gross enrolment
ratio have been increasing in the upper primary
level.
completes elementary education, which is upto
Class VIII.
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RIGHT TO FREEDOM
For the scrapping of
‘No Detention policy’
Central Advisory Board of Education, 2016
Reason
As it was leading to lower learning
outcomes.
Annual Status of Education Report”
Less than 48% of children in class V can
read a class II-level textbook;
Outcome
Only 43.2% of class VIII students in
rural India can do simple divisions
Only one out of every four students in
class V could read an English sentence.
TSR Subramanian Committee + Vasudev
Devnani Committee
Outcome
Recommended the revocation of No
Detention Policy.
Outcome
Removed a clause for “No Detention
Right of Children to Free and Compulsory
Education (Amendment) Act, 2019
Policy” from RTE Act, 2009.
▪
The State Government may allow schools to hold
back a child in the fifth class or in the eighth class
RTE Act, 2009.
▪
It may also decide not to hold back a child in any
class until the completion of elementary education.
Regular examination in the fifth class and in the
eighth class at the end of every academic year.
▪
No child shall be expelled from a school till the
completion of elementary Education.
Key Provision of the RTE (Amendment) Act, 2019
▪
▪
▪
It removed a clause for “No Detention Policy” from
If a child fails, he shall be given an opportunity for
re-examination within a period of two months
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RIGHT TO FREEDOM
Article 22
Protection Against Arrest and Detention
▪
Article 22 provides procedural safeguards against ‘arbitrary arrest’ and ‘detention’ Article22
Right to be informed of the grounds
of arrest.
Deals with ordinary Law
Punish a person
Right to consult and be defended by
a legal practitioner.
Right to be produced before a
magistrate within 24 hours.
After Trial
Punitive Detention
Right to be released after 24 hours
unless the magistrate authorises
further detention
Detention
Detention cannot exceed three
months.
Preventive Detention
Detain a Person
Unless an advisory board reports
sufficient cause for extended
detention
Without Trail
The board is to consist of judges of
a high court.
Deal with Preventive Detention Law
The grounds of detention should be
communicated to the detenu.
Detention is of two types:
▪
▪
Punitive detention is to punish a person for an
offence committed by him after trial and conviction
in a court.
Preventive detention, means detention of a person
without trial and conviction by a court.
o
Its purpose is not to punish a person for a past
offence but to prevent him from committing an
offence in the near future.
o
Thus, preventive detention is only a
‘precautionary measure’ and based on
suspicion.
The Article 22 has two parts—
▪ The 1st part deals with the cases of ordinary law
▪
And the 2nd part deals with the cases of preventive
detention law.
o
The 1st part of Article 22 confers the following
rights on a person who is arrested or detained
under an ordinary law (punitive):
-
Right to be informed of the grounds of
arrest.
-
Right to consult and be defended by a legal
practitioner.
-
Right to be produced before a magistrate
within 24 hours, excluding the journey time
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-
Right to be released after 24 hours unless
the
magistrate
authorises
further
detention.
RIGHT TO FREEDOM
Some of the preventive detention acts enacted by
Parliament:
▪
NOTE -
o
These safeguards are not available to an
alien or a person arrested or detained
under a preventive detention law.
the preventive
Parliament are▪
The detention of a person cannot exceed 3
months unless an advisory board reports
sufficient cause for extended detention.
▪
-
o
▪
NOTE - This protection is available to both
‘citizens’ as well as ‘aliens.
The maximum period for which a person can be
detained in any classes of cases under a ‘preventive
detention law’; and
▪
The procedure to be followed by an advisory board
in an inquiry.
The constitution has divided the legislative power with
regard to preventive detention between the parliament
and the state legislatures. Both center and state
legislature can make law.
Any person could be arrested and detained if
his freedom would endanger the security of the
country, foreign relations, public interests, or
otherwise necessary for the country. The law
State could declare any organization illegal and
could imprison anyone for interrogation if the
said
organization
or
person
critiqued/questioned
Indian
sovereignty
Others:
o
Conservation of Foreign Exchange and
Prevention of Smuggling Activities Act 1974,
o
Nation Security Act (NASA), 1980,
o
Terrorist and Disruptive Activities (Prevention)
Act (TADA), 1985 repealed in 1990,
o
▪
by
territorially.
The detenu should be afforded an
opportunity to make a representation
against the detention order.
Article 22 also authorises the ‘Parliament’ to prescribe
▪ The circumstances and the classes of cases in
which a person can be detained for more than 3
months under a preventive detention law without
obtaining the opinion of an advisory board;
enacted
Unlawful Activities Prevention Act (UAPA) 1968:
The grounds of detention should be
communicated to the detenu. However,
the facts considered to be against the
public interest need not be disclosed.
acts
expired in 1969.
The board is to consist of judges of a high
court.
-
detention
Preventive Detention Law, 1950:
o
The 2nd part of Article 22 grants protection to
persons who are arrested or detained under a
preventive detention law.
-
The Constitution authorizes the Legislature to make
laws providing for preventive detention. Some of
Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act (PITNDPS). 1988
Amendment related to preventive Detention:
The 44" Constitutional Amendment Act 1978 set out
some rules which should satisfy the following
conditions▪
The Government is entitled to detain an individual
under preventive detention only for 3 months.
▪
If it seeks to detain the arrested person for more
than 3 months, it must obtain a report from an
Advisory Board.
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RIGHT TO FREEDOM
▪
▪
Advisory board will examine the papers submitted
by the Government and by the accused as to
whether the detention is justified.
▪
The person so detained shall be informed of the
grounds of his detention excepting facts which the
detaining authority considers to be against the
public interest to disclose.
The person detained must have the earliest
opportunity of making a representation against the
order of detention.
Rights against Exploitation
Rights against
Exploitation
Article 23
Article 24
Prohibition of traffic in human beings and forced labor
Prohibition of employment of children in factories etc.
-
Article 23
Prohibition of traffic in human beings and forced
labour -
Begar:
▪
It prohibits traffic in human beings and ‘begar’ and
other similar forms of forced Labour.
Decoding Keywords-
Human Trafficking is the illegal trade in human
beings.
▪
It is the modern form of slavery.
▪
It is done with the purpose of-
▪
o
Commercial sexual exploitation
o
Prostitution or forced labor.
▪
It was a peculiar Indian system used by local
zamindars.
▪
Begar meant ‘involuntary work without payment’.
▪
Law:
Prohibition of traffic in human beings means-
o
Begar or Bonded labour contravens with
provisions of both Article 21 and Article 23.
o
This right is available to both citizens and noncitizens.
Law:
o
In British regime, British officers and Zamindars
used to compel the peasants/labourers to work
without remuneration.
Human Trafficking:
▪
Traffic in women children or crippled
persons for immoral or other purposes etc.
Prohibition of slavery
▪
▪
o
It protects the individual not only against the
‘State’ but also against ‘private persons’.
o
A specific law to prohibit the practice was
legislated only in 1976 known as the Bonded
Labour System (Abolition) Act
Forced LabourAccording to the ILO Forced Labour Convention,
1930 (No. 29) forced or compulsory labour is: "all
work or service which is exacted from any person
under the threat of a penalty and for which the
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RIGHT TO FREEDOM
person has not offered himself or herself
voluntarily."
▪
Exception of Article 23:
▪
Article 23 permits the State to impose compulsory
service for public purposes, as for example, military
service or social service, for which it is not bound to
pay.
▪
However, in imposing such service, the State is not
permitted to make any discrimination on grounds
only of religion, race, caste or class.
Law:
o
Article 23 of Indian constitution declared
‘bonded labour’ unconstitutional.
Prohibition of Human Trafficking
Article 23
Prohibition of Begar
Immoral Traffic (Prevention)
Act, 1956
Bonded Labour System
(Abolition) Act, 1976
Prohibition of Forced Labour
Exceptions
State to impose compulsory service
for public purposes
Article 24
Who is a child?
Prohibition of employment of children in Factories, etc
▪
It prohibits employment of children below the age of
14 years in any factory or mine or any other hazardous
employment.
According to the UNCRC, a child means every
human being below the age of 18 years.
▪
The Child Labour (Prohibition and Regulation) Act,
▪
The prohibition employed by Article 24 is absolute
▪
And it does not admit of any exception for the
employment of children in a factory or a mine etc.
▪
However, the employment of children in nonhazardous work
constitution.
▪
is
not
prohibited
by
the
1986 defines a child as a person who has not
completed fourteen years of age.
▪
The Factories Act, 1948 and Plantation Labour Act
1951 states that a child is one that has not
completed fifteen years of age.
▪
The Juvenile Justice (Care and Protection of
Children) Act, 2000 has changed the definition of
child to any person who has not completed 18
years of age.
The term ‘hazardous’ is not defined by the
constitution.
▪
The Parliament decides
employment means.
what
hazardous
▪
POCSO Act 2012 defines a child as any person
below 18 years of age.
Child Labour:
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RIGHT TO FREEDOM
UNICEF has categorized child work into three
categories:
Within the family but
outside the home
Within the Family
Child
Agricultural laborers,
domestic maids, migrant
laborers etc.
Children are engaged in
domestic household tasks
without pay.
Labour
Outside the family
Commercial shops in
restaurants and jobs,
prostitution etc
-
Important Legislation related Children:
▪
▪
The Child Labour (Prohibition and Regulation) Act,
▪
Children’s Courts
Child Labour (Prohibition & Regulation)
1986:
Amendment Act, 2016:
o
The age of children was defined as anyone
younger than 14 years of age.
o
The law prohibits people between the ages of
14 and 18 from working in hazardous activities
or processes.
o
Children were prohibited from working in 13
occupations and 57 procedures under this law.
o
The amendment imposed strict penalties for
infringing child labour policies.
The Commissions for Protection of Child Rights
Act, 2005
o
o
It provides speedy trial of offences against
children or of violation of child rights
The act was enacted to provide for the
establishment of-
-
National Commission for Protection of
Child Rights,
State Commissions for Protection of Child
Rights and
▪
Child Labour (Prohibition and Regulation)
Amendment Rules, 2017:
o
The rule under this act simplified problems
relating to the employment of children in
family businesses.
o
The rule provided protection for child artists by
defining working hours and conditions.
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RIGHT TO FREEDOM
RIGHT TO FREEDOM OF RELIGION (ARTICLE 25-28)
Article 25
Right to Freedom of
Religion
Article 26
Article 27
Article 28
Freedom of conscience and free profession practice
And propagation of religion
Freedom to manage religious affairs
Freedom from payment of taxes
For promotion of any particular religion
Freedom from attending religious instructions
Or religious worships in certain educational institutions
Article 25
Freedom of Conscience and Free Profession, Practice and Propagation of Religion
It guarantees to every person the ‘freedom of conscience’ and the right to ‘profess, practice and propagate religion’.
Inner freedom of an individual to
mould his relation with God
Freedom of conscience
Right to profess
Declaration of one’s religious beliefs
and faith openly and freely
Article 25
Right to practice
Performance of religious worship,
rituals, ceremonies and exhibition of
beliefs and ideas.
Right to propagate
The article provides a person two-fold freedom-
Transmission and dissemination of
one’s religious beliefs
▪
performing the religious duties and rituals and
exhibit his religious beliefs and ideas by such acts as
prescribed by the religious order in which he
believes.
Freedom of conscience
Freedom to profess, practice and propagate
religion.
▪
▪
Freedom of Conscience: It is the absolute inner
Practice a religion: Practice of religion means the
▪
Propagation of Religion: It means spread and
freedom of an individual to mould has own relation
with God in whatever manner he likes.
publicize one’s religious views. But the word
Profess a Religion: To 'profess a religion means to
exposition without any element of coercion.
declare freely and openly one's faith and belief, He
has the right to practice his belief by practical
expression in any manner he likes.
"propagation
▪
only
indicates
persuasion
and
Right to Convert: There is no fundamental right to
convert any person to one's own religion. The right
to propagate one's own religion does not give a
right to convert any person to one's own religion.
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“Essential religious practice doctrine”
Exception
▪
▪
RIGHT TO FREEDOM
These rights are subject to public order, morality,
health and other provisions relating to fundamental
rights.
•
“Shirur Mutt case”.
•
Further, the State is permitted to:
o
o
Objective - To decide the practices which are
protected under Article 25 of the constitution
regulate or restrict any economic, financial,
political or other secular activity associated
with religious practice; and
and the practices which state can regulate.
•
provide for social welfare and reform* or throw
It was decided that the protection under
Article 25 and 26 will be provided to only those
practices which are essential to the religion
i.e.those practices whose removal will destroy
open Hindu religious institutions of a public
character to all classes and sections of Hindus
▪
Origin – It was propounded by court in the
the religion itself.
•
Many SC judgements have regulated religious
practices - Sati, animal slaughter, carrying of
The decision as to what constitutes an essential
religious practice or not is taken by court itself.
The court utilises the doctrines of religion to
kirpans, Sabarimala temple entry.
determine if a practice is a Essential or not.
Associated Topic – Essential Religious Practice –
Article 26
Religious denominations can establish, maintain, manage, and acquire property for religious and charitable
purposes.
According to Article 26 an organized body shall have the following rightsTo establish and maintain institutions for religious and charitable
purposes
To manage own affairs in matters of religion
To own and acquire movable and immovable property
To administer such property in accordance with law.
NOTE -
Religious denomination :
▪
Right under article 25 is the individual right.
▪
▪
But, the right guaranteed under article 26 is the
right of an organised body.
▪
Every religious denomination or any of its section
shall have the right of Article 26.
The word ‘religious denomination’ is not defined in
the constitution.
▪
The word ‘denomination’ came to be considered by
the Supreme Court.
▪
Definition of Religious denomination: A body to be
categorized as a religious denomination, it must
have a
1. Common Faith
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RIGHT TO FREEDOM
2. Common Organisation
3. Distinctive Name.
Sabarimala case –
▪
Background –
Article 26 also includes the word “section”
making it inclusive of a sect or sub-sect of a
▪
religion
Example - Arya Samaj will be a ‘religious
denomination’ for the purposes of this article
even though it is not a religion
Restrictions:
▪
The right to religion under Article 26 is subject to
certain limitations and not absolute and unfettered.
▪
If any religious practice is in contravention to any
public order, morality or health then such religious
practice cannot claim the protection of the state.
Supreme Court CasesHaji Ali dargah case –
Background –
The case related to the right of women to enter the
inner sanctum of the Haji Ali Dargah. The Dargah Trust
had passed a resolution which had excluded women
entry in the inner sanctum.
The Verdict –
The Bombay High court lifted the ban on women’s
entry into the inner sanctum of Haji Ali Dargah. The
court’s decision was based on the following facts.
•
•
•
•
The trust failed to show that entry of women in
the inner sanctum was a sin under Islam.
The court invoked the ‘essential religious
practice doctrine’ and said that the Trust failed
to demonstrate that women’s entry into
Dargahs / Mosques were not permitted under
Islam.
The court held that Haji Ali Dargah Trust is a
public character Trust and not a religious
denomination. Thus, its public character has
taken it out of the protective scope of Article
26 (b) i.e. right to manage its own affairs in
matters of religion.
Lastly, on the plea of women security concern
given by Trust the court held that it is the duty
of state as well as Dargah to gurantee women
security.
Women of menstruating age (i.e. those aged between
10 – 50) were prohibited from entry in the Sabrimala
Temple. In 2006, Indian Young Lawyers Association filed
a public interest litigation petition before the Supreme
Court challenging the ban. Some major questions raised
in the case were –
1. Did the prohibition on menstruating women’s
entry in the Sabarimala Temple violate the
Right to Equality (Article 14), Right against
discrimination (Article 15) and the abolition of
untouchability (Article 17).
2. Are Lord Ayyappa’s devotees a separate
religious denomination?
3. Is women’s exclusion an ‘essential religious
practice’ under Article 25?
4. It was questioned whether Rule 3 of Kerala
Hindu Places of Public Worship (Authorisation
of Entry) bans entry of women between age 10
– 50.
The Verdict –
The prohibition was done away with and Sabrimala
Temple was made open to women in the age group of
10 – 50 . The court decision was based on the following
basis –
▪
▪
▪
▪
Sabarimala’s exclusion of women violated the
fundamental rights of women (Aged 10 – 50)
especially it was discriminatory as per the
provisions of Article 15. Also it was held that
the scope of right to untouchability is vast and
includes social exclusion on notion of purity.
It was also held that the devotees of Lord
Ayyappa did not fulfil the criteria to be called a
separate religious denomination.
On the question of Essential religious practice it
was held that Ayyappans are Hindus, and the
practice of excluding women cannot be held to
be an essential religious practice.
It was held that Rule 3 (b) of Kerala Hindu
Places of Public Worship is violative to the
constitution as it allows public hindu places of
worship to exclude women on the basis of
custom.
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RIGHT TO FREEDOM
Article 27
Freedom from Taxation for Promotion of a
Religion
▪
▪
It lays down that no person shall be compelled to
pay any taxes for the promotion or maintenance of
any particular religion or religious denomination.
The State should not spend the public money
collected by way of tax for the promotion or
maintenance of any particular religion.
▪
This provision prohibits the State from favouring,
patronising and supporting one religion over the
other.
▪
This means that the taxes can be used for the
promotion or maintenance of all religions.
▪
This provision prohibits only levy of a tax and not
a ‘fee’.
▪
This is because the purpose of a fee is to control
secular administration of religious institutions and
not to promote or maintain religion.
▪
Thus, a fee can be levied on pilgrims to provide
them some special service or safety measures.
▪
However, this provision shall not apply to an
educational institution administered by the State
but established under any endowment or trust,
requiring imparting of religious instruction in such
institution.
Article 28
Freedom from Attending Religious Instruction
▪
Under Article 28, no religious instruction shall be
provided in any educational institution wholly
maintained out of State funds.
Article 28 distinguishes between four types of educational institutions:
S.No
Type
Religious Instruction
1
Institutions wholly maintained by the State
completely prohibited
2
Institutions administered by the State but established under any
endowment/trust
permitted
3
Institutions recognised by the State (Private)
Voluntary
4
Institutions receiving aid from the State (NGO)
Voluntary
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Educational and Cultural Rights
EDUCATIONAL AND CULTURAL RIGHTS
Educational and Cultural
Rights
Article 29
Article 30
Protection of interests of minorities
Right of minorities to establish
And administer educational institutions
Article 29
Conservation of distinct Languages, Script and
Culture
Article 29
No citizen shall be denied admission into any
educational institutions
Linguistic Minorities
Religious Minorities
But there are no caste minorities.
▪
Article 29 (1) - provides that ‘any section of the
State or receiving aid out of State funds on grounds
only of religion, race, caste, or language.
citizens’ residing in any part of India having a distinct
▪
language, script or culture of its own, shall have the
right to conserve the same.
▪
Article 29 grants protection to both religious
minorities and linguistic minorities.
Article 29 (2) - No citizen shall be denied admission
▪
However, the Supreme Court held that the scope of
this article is “not necessarily restricted to
into any educational institution maintained by the
minorities only”, as it is commonly assumed to be.
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▪
Educational and Cultural Rights
This is because of the use of words ‘section of
citizens’ in the article that include ‘minorities’ as
well as ‘majority’.
No restriction:
Article 29(1) is not subjected to any reasonable
restrictions. The right conferred upon the citizens to
conserve their language, Script and culture has been
made absolute by the Constitution.
Article 30
Right of Minorities to Establish and Administer Educational Institution
Establish & administer educational institutions of their choice
Article 30
Compensation amount fixed by the state for acquisition
State- No discrimination against any Minority educational
institution
Minority Educational Institution
Types
Recognition &
aid from state
Seek only recognition
& not aid
Neither seek
recognition nor aid
the right guaranteed to them (44th
Article 30 grants the following rights to minorities,
whether religious or linguistic:
•
•
amendment act)
All minorities shall have the right to
establish and administer educational
institutions of their choice.
The compensation amount fixed by the
State for the compulsory acquisition of
any property of a minority educational
institution shall not restrict or abrogate
•
▪
In granting aid, the State shall not
discriminate against any educational
institution managed by a minority.
The right under Article 30 also includes the right of a
minority to impart education to its children in its
own language.
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▪
o
The protection under Article 30 is confined only to
minorities (religious or linguistic) and does not
extend to any section of citizens (as under Article 29).
▪
Educational and Cultural Rights
▪
The institutions of the 1st and 2nd type are subject to
the regulatory power of the state with regard to
syllabus
prescription,
academic
standards,
discipline, sanitation, employment of teaching staff
and so on.
▪
The institutions of 3rd type are free to administer
their affairs but subject to operation of general laws
like contract law, labour law, industrial law, tax law,
economic regulations, and so on.
**The term ‘minority’ has not been defined
anywhere in the Constitution.
▪
▪
Both Centre and States have the power to declare
‘Linguistic’ or ‘religious’ group as minorities.
Minority educational institutions are of 3 types:
o
Institutions that seek ‘recognition’ as well as
Institutions that neither seek recognition nor aid
from the State.
‘aid’ from the State;
o
Institutions that seek only ‘recognition’ from the
State and not aid;
Supreme Court Judgements-
▪
In T.M.A Pai Foundation v. State of Karnataka case
Background -
▪
In 1984, the Governor of Karnataka promulgated
an ordinance which prevented the educational
institutions from charging excessive fees and
passed an order on fixed intake.
▪
This ordinance was challenged by TMA PAI Trust
which said that it fell into the category of
Minority
unaided
private
educational
institution i.e. it was not receiving any aid from
The Verdict
In the Judgment, the bench dealt with several issues
regarding the autonomy of private minority educational
institution.
▪
The right to establish and administer
educational institution under Article 30 are not
absolute rights.
▪
Court held that both religious and linguistic
minorities would be decided on the basis of
states.
▪
Incase, of aided minority private educational
institution the state can prescribe reasonable
regulations to ensure excellence of institutions.
the State.
▪
Thus, the Government petition infringed on the
right of minorities to establish and administer
educational institution.
Questions which came before the Apex court
▪
▪
Whether there is a provision under which one
can establish and administer educational
institution or not.
How the linguistic or religious minorities be
decided – on the basis of state or the whole
country.
▪
If the Government regulation on the minority
aided or unaided violative of article 30.
To which extent the Government can impose
restriction on minority aided and unaided
institution.
But the Government cannot interfere in day – to
– day administration of aided minority private
institution.
▪
Incase.
Of
unaided
minority
institution
regulatory measures imposed by the state
should be minimal example recruitment of
teaching and non – teaching staff, administrative
control etc.
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▪
Incase of admission to the minority unaided
educational institution can select and admit
students of their choice but the procedure of
selection must be fair and transparent.
Educational and Cultural Rights
West Bengal Madrassa Service Commission Act, 2008 ▪
Azeez Basha v. Union of India -
the appointment of teachers in madrassas was to be
decided by a commission
Background –
▪
▪
▪
▪
▪
In 1965, certain amendments were made to the
Aligarh Muslim University Act, 1920.
The amendment diluted the powers of the
university court and had made it an advisory
body.
This amendment was challenged before a
constitutional bench in Azez Basha vs. Union of
India
The main point of contention was that
amendment infringed on rights given under
Article 30.
Thus, the amendment was challenged on the
grounds that it impinged on the freedom of
minorities to administer the university as per
their choice.
The Verdict
▪
Supreme Court held that If an institution has not
been established by minorities then they cannot
claim a right to administer it. In case of Aligarh
Muslim University, it was set up by the Central
Government through legislative measures.
▪
The words are given in article 30 (1) ‘Establish’ and
‘Administer’ has been read in coordination. It means
that only when a minority has established a minority
institution, it can claim a right to administer it. But
not otherwise.
Several petitions were filed in the Calcutta High
Court challenging the validity of the law for
formulating guidelines for appointments of teachers
in minority institutions. The act had mandated that
▪
The high court declared the Act unconstitutional,
saying it was violative of Article 30.
▪
The verdict of the high court was eventually
challenged in the top court by teachers who were
appointed under the new law.
▪
The SC upheld the validity of the 2008 Act and said
that the Commission is composed of people who
have profound knowledge in Islamic Culture and
Islamic Theology.
▪
It added that the Act was not violative of the rights
of the minority educational institutions on any
count.
▪
The provisions of the Act were specially designed for
madrasahs and the madrasah education system in
West Bengal.
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Educational and Cultural Rights
Article 31
It guarantees every person, citizen or non-citizen, the
right against property deprivation.
▪
Right to property was one of the 7 fundamental
rights.
▪
But, the 44th Amendment Act of 1978 abolished the
‘right to property’ as a Fundamental Right and made
1st Amendment Act, 1951
25th Amendment Act, 1971
it a legal right under Article 300A in Part XII of the
Constitution.
▪
Article 31 led to a number of Constitutional
amendments: 1st, 4th, 7th, 25th, 39th, 40th and
42nd Amendments.
Inserted Articles 31A and 31B to the Constitution.
Inserted 31C to the constitution
Article 31A
▪
It includes:
o
Acquisition of estates and related rights by the
State;
o
Taking over the management of properties by
the State;
o
Amalgamation of corporations;
o
Extinguishment or modification of rights of
directors or shareholders of corporations
o
Extinguishment or modification of mining leases.
Introduction –
After Independence, Congress had come into power at
the centre and started taking steps to abolish Zamindari
system (by acquiring the lands of Zamindari).
The biggest impediment to the Zamindari abolition
programmes of the Government were the provisions of
Article 31 (Right to Property). They required the
Government to pay ‘Just compensation’ before
acquiring land.
The Judicial pronouncements had put the Zamindari
abolition programmes in danger example the Bihar
Land Reforms Act was struck down as it violated Article
14 by classifying Zamindars in a discriminatory manner.
Thus, the Central Government added a new provision
Article 31 A. This was provision was added by the 1st
constitutional amendment act.
Article 31B
▪
In addition to Article 31 A the 1st constitutional
Amendment added Article 31 B. It provided blanket
protection to all laws which were put under the 9th
schedule against the provision of Article 13.
▪
Article 13 provided that all laws inconsistent with or
in derogation of the fundamental rights will be
declared void. Thus, it is the basis of the power of
Judicial review.
▪
Since they were added as a part of Article 31 the
purpose was to protect the legislation of Parliament
Provisions ▪
It saves 5 categories of laws from being challenged
and invalidated on the ground of contravention of
the fundamental rights conferred by Article 14 and
Article 19 (Initially Article 31 was also there but
later it was done away by the 44th constitutional
amendment act).
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which aimed to bring land and agrarian reform via
land acquisition etc.
▪
▪
▪
But the provision has been misused with laws
unrelated to land reform like revenue laws,
Reservation laws example Tamil Nadu reservation
for backward classes and Schedule Tribes etc being
provided the blanket protection under the 9th
schedule.
▪
The 25th Amendment Act came to be challenged
before the Supreme Court in the Kesavananda
Bharati case (1973).
▪
The Court making a change upheld the 1st part of
Article 31-C which states that law giving effect to
Article 39(b) and (c) can override Articles 14, 19 and
▪
In I.R. Coelho case (2007) (famously known as the 9th
Article 31C
25th Constitutional Amendment Act of 1951:
But the 2nd part of the Article which barred the
judicial scrutiny of laws passed to give effect to
Directives contained in Article 39(b) and (c) was
declared unconstitutional by the Court.
42ND Constitutional Amendments 1976: (Parliament
response to court’s Judgment)
▪
It further amended Article 31-C and widened its
scope and gave precedence to all the Directive
Principles over Articles 14, 19 and 31.
▪
It empowered the State to make laws giving effect
to all the Directive Principles and in doing so the law
can override Articles 14, 19 and 31.
▪
Thus the laws made to this effect were made
immune from Judicial Review
It introduced new Article 31-C. The objective of the
article was to get over the difficulties placed by
Judicial decisions in giving effect to Directive
Principles of State Policy mentioned under Part 4 of
the constitution.
▪
Kesavananda Bharati case (1973)-
31.
The scope of Article 31B is wider than Article 31A as
it immunises any law included in the 9th schedule
from the Fundamental Rights.
schedule act), Supreme Court ruled that even laws
under the 9th Schedule would be open to scrutiny if
they violated Fundamental Rights or the basic
structure of the Constitution.
▪
Educational and Cultural Rights
It contained two provisions:
o
It says that no law that seeks to implement
socialistic directive principles specified in
Articles 39 (b) and (c), shall be declared void on
Minerva Mills case 1980 - (Provision of the 42nd
Amendment were challenged in this case)
▪
The apex court struck down the changes introduced
by the 42th Amendment Act in Article 31 C as
unconstitutional.
▪
The court struck on the ground at such total
exclusion of Judicial Review would offend the basic
structure of the Constitution.
▪
Hence, the present position is that only Article 39(b)
the grounds of contravention of the FR’s
conferred by Article 14 or Article 19.
o
Moreover, no law containing a declaration that
it is for giving effect to such policy shall be
questioned in any court on the ground that it
does not give effect to such a policy.
and (c) can be given precedence over Articles 14 and
Article 39(b): Equitable distribution of wealth
19 and not all the Directive Principles.
Article 39(C): Prevention concentration of wealth in fewer hands
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Educational and Cultural Rights
IMPORTANT TO NOTE:
▪ Articles 31A, 31B and 31C have been retained as exceptions to the fundamental rights.
▪
The main object of these provisions was to provide immunity to various laws curtailing property rights.
▪
But, article 31 dealing with right to property is no longer relevant in this respect as it has been removed from the
Fundamental Rights and has been made a legal right under Article 300-A).
Provided for
“Right to
Property
Article 31 of the
constitution
Done away by
44th amendment
act
Exceptions
Added by the
25th constitutional amendment
Added by the
1st constitutional amendment
Objective
To protect Government legislations
which aimed to abolish the Zamindari
System
To implement the provision
of Part 4 i.e. Directive
Principles of State Policy
Article 31 C
Article 31 A
Protected 5
categories of Laws
from being
invalidated on
grounds of
contravention of
Article 14, 19 and
31
Article 31 B
Gave ‘blanket
protection’ to all
laws placed in the 9th
schedule from being
declared invalid if
they are ultra – vires
the provision of
constitution
No law that seeks to
implement DPSP Articles 39
(b) and (c), shall be declared
void on the grounds of
contravention of the FR’s
conferred by Article 14 or
Article 19
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Educational and Cultural Rights
Right to Constitutional
Rights
Article 32
Right to Constitutional remedies
▪
Article 32
It contains the following 4 provisions:
o
The right to move to Supreme Court by
appropriate proceedings for the enforcement of
the Fundamental Rights is guaranteed.
o
The Supreme Court shall have power to issue
directions or orders or writs for the
enforcement of any of the fundamental rights.
RIGHT TO CONSTITUTIONAL REMEDIES
▪
▪
▪
A mere declaration of fundamental rights in the
Constitution is meaningless without providing an
effective machinery for their enforcement, if and
when they are violated.
Hence, Article 32 confers the right to remedies for
the enforcement of the fundamental rights to an
aggrieved citizen.
The main objective of Article 32 is to provide a
guaranteed and cost-effective remedy for the
protection of fundamental rights.
The writs issued may include habeas corpus,
mandamus, prohibition, certiorari and quowarranto.
o
Parliament can empower any other court to
issue directions, orders and writs of all kinds.
o
The right to move the Supreme Court shall not
be suspended except as otherwise provided for
by the Constitution. (National Emergency
Article 359)
Article 32
Conferred under Part
III of the Constitution
Right to move SC
For the enforcement of FR's
SC shall have power
to issue writs
Habeas corpus
You may have the body
To release a person who has been detained
Mandamus
It means ‘We Command’
To secure the performance of public duties
by courts
Prohibition
It means ‘to forbid’.
Prohibit inferior court from continuing the
proceeding
Certiorari
It means ‘to be certified’
To quashed the order already passed by
inferior court
Quo-warranto
‘by what authority’
To restrain a person from holding a public
office
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Educational and Cultural Rights
▪
DR BR Ambedkar on Article 32:
▪
He described Article 32 as the most
Important of all the Articles.
▪
Without this article, the Constitution is
nullified.
▪
It is the very heart and soul of the
Constitution.
▪
Article 32 is fundamental to all the
Fundamental Rights.
▪
Fundamental Rights” and not in case violation of
other legal rights.
▪
The Supreme Court shall have power to issue
directions or orders or writs for the enforcement of
any of the fundamental rights.
Know ‘Writ’:
▪
A writ is a formal written order issued by a body with
administrative or judicial jurisdiction.
▪
These writs are borrowed from English law where
they are known as ‘prerogative writs.’
▪
In India, the Supreme Court (under Article 32) and
This article makes the SC the “protector and
guarantor of Fundamental Rights”.
Supreme Court and Article 32:
▪
Article 32 is available only in cases of “violation of
the High Courts (under Article 226) can issue the
The Constitution places a duty on the Supreme Court
to engage the petition of an aggrieved individual and
provide remedial measures for him.
writs of habeas corpus, mandamus, prohibition,
certiorari and quo-warranto.
The writ jurisdiction of the Supreme Court differs from that of a high court in three respects:
Supreme Court
SC can issue writs only for the
enforcement of fundamental rights
SC can issue writ Pan-India
SC cannot refuse to exercise its writ
jurisdiction
High Court
HC can issue writs not only for the enforcement of
Fundamental Rights but also for any other purpose (legal
rights)
SC scope << HC scope
but HC can only issue writ in their particular state, with few
exceptions.
SC jurisdiction >> HC jurisdiction
A remedy under Article 226 is discretionary and hence, a HC
may refuse to exercise its writ jurisdiction
Know the Types of ‘Writ’:
Habeas Corpus
▪
It is a Latin term which literally means ‘to have the
body of’.
▪
It means bring the detained person before the court.
▪
It protects Fundamental Right of individual liberty
against illegal detention.
▪
It is an order issued by the court to a person who has
detained another person.
▪
Can be issued against any person - private or official.
▪
It can ascertain whether the detention is legal or not.
▪
If it is found to be unlawful, the courts free him
forthwith.
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▪
Educational and Cultural Rights
The writ, on the other hand, is not issued where the
o
Detention is by a competent court, and
o
Detention is lawful,
o
o
The proceeding is for contempt of a legislature
or a court,
Detention is outside the jurisdiction of the
court.
10
Against whom?
Habeas corpus
Private Citizen and Public
Authority
Bring the detained person before the court
Mandamus
o
Against a private individual or body;
o
To enforce departmental instruction that do
not possess statutory force;
▪
It literally means ‘we command’.
▪
It is a command issued by the court to a public
official asking him to perform his official duties that
he has failed or refused to perform.
o
When the duty is discretionary and not
mandatory;
o
To enforce a contractual obligation;
▪
It can also be issued against any public body, a
corporation, an inferior court, a tribunal or
government for the same purpose.
o
Against the President of India or the state
governors; and
o
▪
The writ of mandamus “cannot” be issued: -
Against the chief justice of a high court acting in
judicial capacity.
Mandamus
Against whom?
Against any Public officials, a
corporation
It is an order of a superior court asking a public official to perform
his official duties that he has failed or refused to perform.
Important to Note:
▪ It is usually not used against a private entity unless it is entrusted with a public duty. The nature of the duty must
be public.
STUDYIQ.COM
Educational and Cultural Rights
Prohibition
▪
Literally, it means ‘to forbid’.
▪
It is issued by a higher court to a lower court or
tribunal to prevent the latter from exceeding its
jurisdiction or usurping a jurisdiction that it does not
possess.
▪
Thus, unlike mandamus that directs activity, the
prohibition directs inactivity.
▪
The writ of prohibition can be issued only against
judicial and quasi-judicial authorities.
▪
It is not available against administrative authorities,
legislative bodies, and private individuals or bodies.
Prohibition
Against whom?
Judicial and Quasi-judicial
bodies
The objective is to prevent lower court from
exceeding its jurisdiction.
Certiorari
▪
In the literal sense, it means ‘to be certified’ or ‘to
be informed’.
▪
▪
▪
Thus, unlike prohibition, which is only preventive,
certiorari is both preventive as well as curative.
▪
Previously, the writ of certiorari could be issued only
against judicial and quasi-judicial authorities and not
against administrative authorities.
It is issued by a higher court to a lower court or
tribunal either to transfer a case pending with the
latter to itself or to squash the order of the latter in
a case.
▪
However, in 1991, the Supreme Court ruled that the
certiorari can be issued even against administrative
authorities affecting rights of individuals.
It is issued on the grounds of excess of jurisdiction
or lack of jurisdiction or error of law.
▪
Like prohibition, certiorari is also not available
against legislative bodies and private individuals or
bodies
Certiorari
Against whom?
Judicial and Quasi-judicial
bodies
It is issued to quash the order passed by an inferior
court or tribunal in excess of jurisdiction
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Educational and Cultural Rights
Quo-Warranto
▪
▪
The writ can be issued only in case of a substantive
public office of a permanent character created by a
statute or by the Constitution.
▪
It cannot be issued in cases of ministerial office or
private office.
▪
Unlike the other four writs, this can be sought by
‘any interested person’ and not necessarily by the
In the literal sense, it means ‘by what authority or
warrant’.
▪
It is issued by the court to enquire into the legality
of claim of a person to a public office. Hence, it
prevents illegal usurpation of public office by a
person.
aggrieved person.
Quo-Warranto
Against whom?
Any public authority
unqualified for the position
It is issued against the holder of a public office to show to
the court under what authority he holds the office
Article 33
Armed Forces and Fundamental Rights
o
The Navy Act (1950)
Parliament can restrict or abrogate by law the
Fundamental Rights applicable to the members of the
armed forces or the forces charged with maintenance of
public order.
o
The Air Force Act (1950)
o
The Police Forces (Restriction of Rights) Act,
▪
1966
Only Parliament can make law: Article 33 grants the
o
The Border Security Force Act and so on.
power to make laws ‘only’ to Parliament, not to
state legislatures.
▪
▪
▪
These impose restrictions on their:
Members concerned- Armed forces, para-military
o
freedom of speech,
forces, police forces, intelligence agencies and
analogous forces.
o
Right to form associations,
o
Right to be members of trade unions or
political associations
o
Right to communicate with the press,
o
Right to attend public
demonstrations, etc.
Some Enactments: Parliament has enacted several
laws in order to restrict the fundamental rights of
the forces such aso
The Army Act (1950)
meetings
or
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o
Educational and Cultural Rights
The expression 'members of the armed
forces’ also covers such employees of the
mechanics, cooks, chowkidars, bootmakers,
tailors who are non-combatants.
armed forces as barbers, carpenters,
Article 34
Martial law and Fundamental Rights
▪
It provides restriction on Fundamental Rights while
martial law is in force in any area ‘within the territory
▪
It refers to a situation where civil administration is
run by the military authorities.
▪
The administration run by their own rule and
regulations framed outside the ordinary law.
of India’.
▪
Parliament may by law indemnify any person in the
service of the Union or of a state or any other
person.
▪
The act of indemnity cannot be challenged in any
court on the ground of contravention of any of the
fundamentals rights.
Circumstances: It is imposed under the extraordinary
circumstances like war, invasion, insurrection, rebellion,
riot or any violent resistance to law to repel force by
force for maintaining or restoring order in the society.
Effects:
▪
Can impose restrictions and regulations on the rights
of the civilians
▪
Can punish the civilians and even condemn them to
death.
Know Martial Law:
▪
It is not described anywhere in the constitution
▪
The concept of martial law borrowed from the
English common law.
Supreme Court on Martial Law: The Supreme Court held
that the declaration of martial law does not ipso facto
result in the suspension of the writ of habeas corpus.
Martial Law vs. National Emergency
Martial Law
•
•
•
National Emergency
It suspends the government and ordinary
law courts.
It affects only Fundamental Rights.
•
It is imposed to restore the breakdown of
law and order due to any reason
•
•
It continues the government and ordinary
law courts.
National Emergency affectso Centre - State Relationship
o Tenure of the Parliament.
o Fundamental Rights
o Legislative powers
o Revenue distribution.
National Emergency can be imposed only
on three grounds (Article 352) i.e.
o War
o External aggregation
o Armed rebellion.
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Educational and Cultural Rights
•
Martial law is always imposed only in some
area of the country.
•
National Emergency can be in some area or
the entire country.
•
It is implicit i.e. there is no specific provision
in the constitution.
•
It has specific and detailed provision in the
constitution. It is explicit.
Article 35
offences under the fundamental rights. These
Effecting certain fundamental rights-
include the following:
▪
o
Article 17: Untouchability
o
Article 23: Traffic in human beings and forced
It lays down that the power to make laws, to give
effect to certain provisions shall ‘vest only in the
Parliament’ and not in the state legislatures.
▪
It provides that the Parliament shall have and the
Legislature of a state shall not have power to make
laws with respect to any of the matters which under
Articles 16, 32, 33 and 34.
o
Article 32: Empowering courts other than the
Supreme Court and the High Courts to issue
directions, orders and writs of all kind for the
enforcement of fundamental rights.
o
Article 33: Restricting or abrogating the
application of Fundamental Rights to members
of armed forces etc.
o
Article 34: Indemnifying any government
servant or any other person for any act done
during the operation of martial law in any area.
▪
▪
Article 35 extends the competence of the Parliament
to make a law on the specified matters even those
matters which may fall within the sphere of the state
legislatures (i.e., State List).
Article 16: Prescribing ‘residence’ as a condition
for certain employments or appointments in a
union territory or local authority or other
authority
o
labour
Parliament can also make laws for prescribing
punishment for those acts that are declared to be
Right to Property
Originally, the right to property was one of the seven
fundamental rights under Part III of the Constitution.
Article 19(1)(f) and Article 31 dealt with the right to
property was one of the fundamentals right in Part III of
the constitution.
▪
Article 19(1)(f): Every citizen has the right to acquire,
hold, and dispose of property
▪
Article 31: It guarantees every person, citizen or noncitizen, the right against property deprivation.
44th Amendment Act of 1978:
The 44th Amendment Act of 1978 abolished the right to
property as a Fundamental Right by repealing Article
19(1) (f) and Article 31 from Part III. Instead, the Act
added a new Article 300A under the heading 'Right to
Property' to Part XII.
Article 300A - No person shall be deprived of his property except authority of law
If the State intended to acquire the private property of an individual only on two conditions is:
a. public purpose
b. adequate compensation was to be paid to the owner of the property that was to be
acquired
The right to property is still a legal or constitutional right, but it is no longer a fundamental right. It is not a part of
the Constitution's basic structure.
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Educational and Cultural Rights
Right to Property as a Legal RightIt can be regulated, modified through ‘ordinary legislation by the parliament.
It protects ‘private property’ from executive action but not from legislative action.
Aggrieved person cannot directly approach the Supreme court under article 32.
Aggrieved person can file a petition with the High Court under Article 226.
Supreme Court Judgement on Right to Property:
▪
▪
State of Haryana v. Mukesh Kumar case (2011)- It
was held that the ‘right to property’ is not only a
Jilubhai Nanbhai Khachar v. State of Gujarat- SC
constitutional or statutory right, but also a human
right.
said that right to property under Article 300A is not
a basic structure of the Constitution. It is only a
constitutional right.
restriction’, ‘public interest’ and so on are not clearly
CRITICAL APPRAISAL OF FUNDAMENTAL
RIGHTS
defined.
▪
complicated and beyond the comprehension of the
common man.
Excessive Limitations
▪
They are subjected to innumerable exceptions,
restrictions, qualifications and explanations. Hence,
the critics remarked that the Constitution grants
Fundamental Rights with one hand and takes them
away with the other.
No Permanency
▪
They are not sacrosanct or immutable as the
Parliament can curtail or abolish them, as for
example, the abolition of the fundamental right to
property in 1978.
▪
Hence, they can become a play tool in the hands of
politicians having majority support in the
Parliament.
No Social and Economic Rights
▪
The list is not comprehensive as it mainly consists of
political rights. It makes no provision for important
social and economic rights like right to social
security, right to work, right to employment, right to
rest and leisure and so on.
Suspension During Emergency
▪
No Clarity
▪
They are stated in a vague, indefinite and ambiguous
manner. The various phrases and words used in the
chapter like ‘public order’, ‘minorities’, ‘reasonable
The language “used to describe them is very
The suspension of their enforcement during the
operation of National Emergency (except Articles 20
and 21) is another blot on the efficacy of these rights.
▪
This provision cuts at the roots of democratic system
in the country by placing the rights of the millions of
innocent people in continuous jeopardy.
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Educational and Cultural Rights
Expensive Remedy
No Consistent Philosophy
▪
The judiciary has been made responsible for
defending and protecting these rights against the
interference of the legislatures and executives.
▪
According to some critics, the chapter on
fundamental rights is not the product of any
philosophical principle.
▪
“However, the judicial process is too expensive and
▪
Sir Ivor Jennings expressed this view when he said
that ‘the Fundamental Rights proclaimed by the
hinders the common man from getting his rights
enforced through the courts.
Indian Constitution are based on no consistent
philosophy’.
▪
This creates difficulty for the Supreme Court and the
high courts in interpreting the fundamental rights.
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DIRECTIVE PRINCIPLES OF STATE POLICY
DIRECTIVE PRINCIPLES OF STATE POLICY
Background:
▪
▪
▪
the constitution” and is the “soul of the
The Directive Principles of State Policy are given in
Part IV from Articles 36 to Article 51.
BR Ambedkar termed these principles as ‘novel
DPSP along with the FR’s contain the “philosophy of
Constitution”.
▪
features’ of the Constitution
The purpose of the Directive Principles was –
o
To bringing about a social change in the country
o
Reshape the structure of the Indian Society in
the direction of greater social and economic
equality.
Sources of DPSP:
▪
The Directive Principles of State policy were borrowed from the Irish Constitution of 1937.
▪
They resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.
Directive Principle
Constitutional
recommendation
s
Yardstick or
measuring Road
To the
Legislative + Executive Organ of the
state govt.
Legislative + Executive Organ of the
Central govt.
All Local Authorities’
All other Public Authorities
For Evaluating the success and
failure of these governments.
For realising the high ideals of
justice, liberty, equality and
fraternity
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Features of the DPSP:
▪
▪
▪
Non – Justiciable - They are non-justiciable in nature
i.e. they are not ‘legally enforceable’ by the courts
Constitutional Instructions or directions - Directive
Principles are constitutional instructions or
recommendations to the State in legislative,
executive and administrative matters.
Comprehensive coverage – DPSP comprehensively
cover the economic, social and political programme
for a modern democratic State.
Part-III (i.e. Fundamental Rights) & Part IV (i.e. DPSP)
are integral parts of the organic and fundamental
law of the land.
▪
DIRECTIVE PRINCIPLES OF STATE POLICY
for their violation.
▪
Establish a Welfare State - They embody the
concept of a ‘welfare state’ i.e., it aims at realising
the high ideals of Justice, liberty, equality and
fraternity as outlined in the Preamble.
Nature of the rights:
They are not legal but ‘political’ and ‘moral’ in nature
Along with social and economic value, they possess great educative value.
Non – Justiciable i.e. one cannot go to the court of law to implement them
It is in the nature of general directions or instructions to the State.
State must keep in mind while formulating laws as these are enforceable
rights
Classification of Directive Principle of State Policy:
▪
Remember, The Constitution does not contain any classification of Directive Principles. However, on the basis of
their content and direction, DPSP have been classified into 3 broad categories o
Socialistic
o
Gandhian
o
Liberal–intellectual.
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DIRECTIVE PRINCIPLES OF STATE POLICY
DPSP
Articles 38, 39, 39A.
41, 42, 43, 43A, 47
Principle
Articles 40, 43, 43B,
46, 47, 48
Articles 44 45 48A,
49, 50, 51
Features:
Features:
Features:
•
Liberal-intellectual
Gandhian
Principles
Socialistic
Principles
Establish a Welfare
State
Based on Gandhian ideology
•
Provides social justice
•
Truth and nonviolence
•
Provide Economic
justice
•
Satyagraha - Technique of non-violent
•
Minimize in-equalities
Concept of liberalism
•
Concept of Secularism
•
Uniform civil code
public protest
•
Sarvodaya - Progress of All
•
Swaraj - Means self-rule
•
Trusteeship- Socio-economic philosophy
•
Swadeshi- Means one's own country
Socialist Principle
•
•
•
They lay down the structure for a democratic
socialist state.
•
They aim at providing social and economic
justice, and set the path towards welfare state.
These principles reflect the ideology of
socialism.
They direct the state through various Articles which are as follows –
Article
Article 38
Article 39
Directive
To promote the welfare of the people by securing a social order permeated by
justice – Social, Economic and Political and to minimise inequalities in inequalities
in income, status, facilities and opportuni-ties.
The State shall in particular, direct its policies to secure –
39 (a)
Right to adequate means of livelihood for all citizens.
39 (b)
Equitable distribution of material resources of the community for
the common good.
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Article 39A
Article 41
Article 42
Article 43
Article 43-A
Article 47
DIRECTIVE PRINCIPLES OF STATE POLICY
39 (c)
Prevent concentration of wealth and means of production.
39 (d)
Equal pay for equal work for men and women.
39 (e)
Preserve health and strength of workers and children against
forcible abuse.
39 (f)
Opportunities for healthy development of children.
To promote equal justice and to provide free legal aid to the poor
To secure the right to work, education and public assistance in cases of
unemployment old age, sickness, etc.
To make provision for just and humane conditions of work and maternity relief.
To secure a living wage, a decent standard of life and social and cultural
opportunities for all workers.
To take steps to secure the participation of workers in the management of
industries.
To raise the level of nutrition and the standard of living of people and to improve
public health.
Gandhian Principle
These principles are based on Gandhian ideology.
▪
‘Welfare for all’ and ‘self-reliance’ were the basic
▪
These principle guided India in the freedom struggle
as well as in framing a constitution for India.
principle of the Gandhian principle.
To fulfil the vision of Gandhi, some of his principles were included in Directive Principles of State PolicyArticle
Article 40
Directive
To organise village panchayats and endow them with necessary powers and authority
to enable them to function as units of self-government.
Article 43
To promote cottage industries on an individual or cooperative basis in rural areas.
Article 43 B
To promote voluntary formation, autonomous functioning, democratic control and
professional management of cooperative societies.
Article 46
To promote the educational and economic interests of SCs, STs, and other weaker
sections of the society and to protect them from social injustice and exploitation.
Article 47
To raise the level of nutrition and the standard of living of its people and secure the
improvement of public health and the prohibition of intoxicating drinks and drugs.
Article 48
To organize agriculture and animal culture and animal husbandry on modern and
scientific lines and preserve and improve the breeds and prohibit the slaughter of cows,
calves and other milch and draught cattle
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DIRECTIVE PRINCIPLES OF STATE POLICY
Liberal Intellectual Principles These principles follow the ‘Liberalism’ ideology that are as followsArticle
Article 44
Directive
To secure for all citizens a uniform civil code throughout the country.
Article 45
To provide early childhood care and education for all children until they
complete the age of 6 years.
To organise agriculture and animal husbandry on modern and scientific lines.
Article 48
Article 48 A
Article 49
Article 50
Article 51
To protect and improve the environment and to safeguard the forests and
wildlife.
To protect monuments, places and objects of artistic or historic interest which
are declared to be of national importance.
To separate the judiciary from the executive in the public services of the State.
To promote international peace and security and maintain just and honourable
relations between nations
To foster respect for international law and treaty obligations
To encourage settlement of international disputes by arbitration.
Directives added after the commencement of the Constitution
New Directives Added
By 42nd Amendment
Act, 1976
Article 39(f)-
By 44 Amendment Act,
1978
Article 38(1)
Article 39-A
Article 43-A
Article 48-A
▪
The 42nd Amendment Act of 1976 added 4 new
Directive Principles to the original list. They require
the State:
o
To
secure
opportunities
for
development of children (Article 39).
healthy
By 86th Amendment
Act of 2002
Changed the subjectmatter of Article 45
and made elementary
education a
fundamental right
under Article 21 A.
97th Amendment Act,
2011
Article 38(1)
o
To promote equal justice and to provide free
legal aid to the poor (Article 39 A).
o
To take steps to secure the participation of
workers in the management of industries
(Article 43 A).
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o
▪
o
To protect and improve the environment and to
safeguard forests and wild life (Article 48 A).
The 44th Amendment Act of 1978 added one more
Directive Principle, which requires the State to
minimize inequalities in income, status, facilities and
opportunities (Article 38).
▪
DIRECTIVE PRINCIPLES OF STATE POLICY
▪
o
The 97th Amendment Act of 2011 added a new
Directive Principle relating to co-operative societies
o
The 86th Amendment Act of 2002 changed the
subject-matter of Article 45.
The amended directive requires the State to
provide early childhood care and education for
all children until they complete the age of six
years.
Article 43B: It requires the state to promote
voluntary formation, autonomous functioning,
democratic
control
and
professional
management of co-operative societies.
It made elementary education a fundamental
right under Article 21 A.
Directive Principles vs. Fundamental Rights
Fundamental Rights
▪
▪
▪
Directive Principles
They are negative as they prohibit the state from ▪
They are positive as they require the state to do
doing certain things.
certain things.
They are justiciable in nature.
▪
They aims at establishing political democracy in the ▪
They are not justiciable.
They aims at establishing social and economic
country.
democracy in the country.
▪
They promote the welfare of the community.
▪
They promote the welfare of the individual.
▪
▪
They are automatically enforced
▪
The do not require any legislation for their
▪
implementation.
They are not automatically enforced.
▪
The courts are bound to declare a law violative of any ▪
of the fundamental rights as unconstitutional and
The courts can not declare a law violative of any of
the directive principles as unconstitutional and
invalid.
invalid.
Supreme Court: Conflict between FRs &
They require legislation for their implementation.
o
It declared that the Directive Principles have to
conform to and run as subsidiary to the
Fundamental Rights.
o
It also held that the Fundamental Rights could
be amended by the Parliament by enacting
constitutional amendment acts.
DPSP
▪
Champakam Dorairajan vs. the State of Madras
(1951):
o
The apex court ruled that in case of any conflict
between the Fundamental Rights and the
Directive Principles, the former would prevail.
▪
Golaknath vs. the State of Punjab (1967):
o
In this case, the Supreme Court ruled that
Fundamental Rights could not be amended by
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o
▪
the Parliament even for implementation of
Directive Principles.
DIRECTIVE PRINCIPLES OF STATE POLICY
▪
Minerva Mills vs. the Union of India (1980):
o
Kesavananda Bharati vs. the State of Kerala (1973):
o
The apex court overruled its Golak Nath (1967)
In this case, the Supreme Court reiterated that
Parliament can amend any part of the
Constitution but it cannot change the “Basic
Structure” of the Constitution.
verdict and declared that Parliament can amend
any part of the Constitution but it cannot alter
its “Basic Structure”.
Implementation of the Directive
Act, 1992, which gave constitutional status to the
Panchayats.
Principles
The government of the Union and states have taken
significant steps to implement the Directive Principles of
state policies that are as follows-
▪
The amendment added a new Part – IX to the Indian
constitution. The section titled ‘the Panchayats’
contain provisions from Article 243 to Article 243 O.
It also added 11th schedule to the constitution.
Implementing the Land Reform - Article 39(b)
Promotion of Cottage Industries-Article 43
▪
This reform popularly called land reform had been
carried across India.
▪
State governments have enacted various laws to
prevent ‘concentration of land’ in fewer hands.
▪
To fulfil the provisions under the Article steps had
been taken for abolishing Zamindari, Jagirdari and
Inamdar systems.
▪
▪
Various Land related Reforms have been brough
such as o
Tenancy reforms such as security of tenure, fair
rents, etc
o
Imposition of ceilings on land holdings
o
Distribution of surplus land among the landless
labourers
o
▪
▪
Article 40 states that the State shall take steps to
organise village panchayats.
▪
To fulfil the provisions of the article The Government
implemented the 73rd Constitutional Amendment
o
All India Khadi and Village Industries Board
o
Khadi and Village Industries Commission
o
All India Handicraft Board
o
Silk Board, Coir Board, etc
These board provides significant help to cottage
industries.
Promoting Education- Article 45
▪
Article 45 contains provisions related to free and
compulsory education.
▪
To fulfil the provisions the Government introduced
the 86th Constitutional Amendment. The
amendment made Right to Education a
Fundamental Right for children in the age of 6-14
years. Subsequently Rights to Education Act 2009
was passed to implement the Fundamental right.
Cooperative farming
Implementing Village Panchayats- Article 40
To promote cottage industries as under the
provisions of Article 43, the government has
established several Boards such
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▪
DIRECTIVE PRINCIPLES OF STATE POLICY
Elementary Education has been accepted as
Fundamental Right of each child between the 6 to 14
years of age.
No legal Force
Illogically
Arranged
Lack of Clarity
CRITICISM
Not Practical
in nature
Conservative
Constitutional
Conflict
Criticism of the Directive Principles
▪
Directives are based on the political philosophy of
the 19th century England.
The Directive Principles have been criticized chiefly for
their lack of legal sanction.
▪
No Legal Force: The Directives have been criticized
▪
Illogically Arranged: Many critics raised concern in
the fact that Directives are not arranged in a logical
manner based on a consistent philosophy.
▪
Lack of Clarity: Several principles are the repetition
of earlier ones and lack clarity when its comes to
implementation part.
Constitutional Conflict: Many critics opined that
Directives lead to a constitutional conflict between
centre and state.
mainly because of their non-justiciable character.
▪
Conservative: According to Sir Ivor Jennings, the
▪
o
between the Centre and the states,
o
between the President and the Prime Minister
o
between the governor and the chief minister.
Not practical in nature: Part IV of the constitution
have many directives that cannot be implemented in
actual practice.
FUNDAMENTAL DUTIES
▪
Article 51A of Part IV A of the Indian Constitution
deals with Fundamental Duties.
▪
Constitution in the year 1976 through 42nd
amendment.
▪
These were added on the recommendation of
Swaran Singh Committee (1976).
▪
▪
The Fundamental Duties are borrowed from
erstwhile USSR.
The 11th Fundamental Duty was added in the year
2002 through the 86th amendment of the Indian
Constitution.
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DIRECTIVE PRINCIPLES OF STATE POLICY
FUNDAMENTAL DUTIES
To abide by the Constitution and respect its
ideals and institutions, the National Flag
and National Anthem
To cherish and follow the noble ideals
which inspired our national struggle for
freedom.
To uphold and protect the sovereignty,
unity and integrity of India.
To defend the country and render national
service when called upon so
To promote harmony and the spirit of
common brotherhood amongst all the
people of India
To value and preserve the rich heritage of
our composite culture.
To protect and improve the natural
environment including forests, lakes, rivers
and wild life and to have compassion for
living creatures
To develop scientific temper, humanism
and the spirit of inquiry and reform
To strive towards excellence in all spheres
of individual and collective activity, so that
the nation constantly rises to higher levels
of endeavour and achievement.
To safeguard public property and abjure
violence.
Every parent or guardian is to provide opportunities for
education to his/her child or ward between the age of 6 and
14. This duty was added by the 86th Constitutional
Amendment Act, 2002.
Note:
•
Some Fundamental Rights - extend to all persons whether citizens or foreigners
•
All Fundamental Duties - confined to ‘citizens’ only and do not extend to foreigners.
example and respecting the Constitution,
National Flag and National Anthem.
Features of Fundamental Duties
Following characteristics can be noted about
Fundamental Duties –
▪
Nature – Some Fundamental Duties are moral
duties example cherishing noble ideals of
freedom struggle while others are civic duties
▪
Codify tasks – which are integral to Indian way
of life.
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▪
Applicability - Fundamental Duties are confined
to citizens only and do not extend to
foreigners.
▪
Non – Justiciable – The constitution does not
provide for their direct enforcement. However,
Parliament can implement them by suitable
legislation.
DIRECTIVE PRINCIPLES OF STATE POLICY
Significance of Fundamental Duties
The fundamental duties are considered significant from
the following viewpoints:
▪
▪
They serve as a reminder to the citizens that
while enjoying their rights, they should also be
conscious of duties they owe to their country,
their society and to their fellow citizens
They serve as a warning against the antinational and antisocial activities like burning
the national flag, destroying public property and
so on.
▪
Non – Justiciable – Many critics have described
Fundamental Duties as a code of moral precepts
due to their non – justiciable nature. Even
Swaran Singh committee had recommended
penalty or punishment for non - performance of
duties.
▪
Appendage to Part – IV - Critics say that
inclusion of fundamental duties as
appendage to Part IV instead of Part 3
reduced the value and significance
Fundamental duties.
the
an
has
of
Verma Committee Observations
The Verma Committee on Fundamental Duties of the
Citizens (1999) identified the existence of legal
provisions for the implementation of some of the
Fundamental Duties▪
The Prevention of Insults to National Honour Act
(1971) prevents disrespect to the Constitution of
India, the National Flag and the National Anthem.
▪
They serve as a source of inspiration for the
citizens and promote a sense of discipline and
commitment among them.
▪
The various criminal laws in force provide for
punishments for encouraging enmity between
different “sections of people on grounds of
language, race, place of birth, religion and so on.
▪
▪
They create a feeling that the citizens are not
mere spectators but active participants in the
realisation of national goals.
They are enforceable by law. Hence, the
▪
punishments for offences related to caste and
religion.
▪
Parliament CAN provide for the imposition of
appropriate penalty or punishment for failure to
fulfil any of them.
Criticism of Fundamental Duties ▪
▪
Non – exhaustive – The list of duties is not
exhaustive for example important duties like
casting votes, paying taxes etc. are not covered.
Nature of the duties – Some duties are vague,
ambiguous and difficult to be understood by
common man. For example different
interpretations can be given to the phrases like
‘noble ideals’, ‘composite culture’, ‘scientific
temper’ etc.
The Protection of Civil Rights Act (1955) provides for
The Indian
Penal
Code
(IPC) declares the
imputations and assertions prejudicial to national
integration as punishable offences.
▪
The Unlawful Activities (Prevention) Act of 1967
provides for the declaration of a communal
organisation as an unlawful association.
▪
The Representation of People Act (1951) provides
for the disqualification of members of the
Parliament or a state legislature for indulging in
corrupt practice.
▪
The Wildlife (Protection) Act of 1972 prohibits trade
in rare and endangered species.
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▪
The Forest (Conservation) Act of 1980 checks
indiscriminate deforestation and diversion of forest
land for non-forest purposes.
DIRECTIVE PRINCIPLES OF STATE POLICY
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AMENDMENTS AND BASIC STRUCTURE
AMENDMENTS AND BASIC STRUCTURE
▪
The constitution of India is the fundamental law of
our country. A proper procedure needs to be
▪
followed to make any change or modification in
the constitution.
▪
o
In simple words, amendment means modification
of the constitution. It refers to -
The constitution is rigid means – some
provisions in the constitution can be amended
with a ‘special majority’ for example
The Constitution of India provides for its
amendment in order to adjust itself to the
changing conditions and needs. That is why it is
known as a “Living document”.
▪
Indian Constitution is both ‘rigid’ and ‘flexible’.
amendments in the 1) Fundamental Rights 2)
Directive Principles of States Policy etc.
o
The Constitution is flexible – many provisions in
constitution can be amended with a ‘simple
majority’
for example 1)
Admission or
establishment of new states 2) Formation of
o
Addition
o
Deletion
o
Modification
new states and alteration of areas, boundaries
made in the constitution
or names of existing states, 3) Abolition of
creation of legislative councils etc.
FACTOID:
The concept of Amendment taken from
South Africa
The amendment procedure mentioned in
Part XX of the constitution
Authority to amend the constitution
Parliament
Constitutional Article that deals with Amendment
Article 368
**Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution
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AMENDMENTS AND BASIC STRUCTURE
METHODS TO AMEND THE CONSTITUTION
▪
▪
Article 368 provided only 2 methods of
amendment whereas amendment with simple
majority is mentioned outside the purview of
Article 368 where ever it is required.
▪
Hence, the Constitution of India can be amended
in three ways which are as follows-
Article 368 provides for 2 types of amendments.
o
By a “special majority” of the Parliament.
o
By a “special majority” of the Parliament and
consent by at least “half” the states by “simple
majority”.
By simple majority
Methods
By a special majority
Both: Parliament + State
Majority of members present and voting
shall accept.
Majority of 2/3rd members present and
voting, more than 50% of the total strength
Amendment by a special majority of the
Parliament
Ratification by at least half the states
legislatures.
Procedure for Amendment:
▪
The bill must be passed by a special majority.
▪
▪
Each house must pass the bill separately. No
Introduction of the Bill – The Bill for amendment
can be introduced- in either house (Lok Sabha or
provision exists for Joint sitting in case of
disagreement between the 2 houses.
Rajya Sabha), but it cannot be introduced in the
state legislature.
▪
▪
▪
For amending the federal provisions the bill also
Who can introduce it? - It can be Introduced by
needs “half”
minister or private member.
assemblies to ratify with ‘simple majority’.
Prior permission of the President is not needed.
▪
of the states with legislative
President must give his assent to the bill.
Note - Article 368 has been amended by the 24th and 42nd Amendments in 1971 and 1976 respectively.
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AMENDMENTS AND BASIC STRUCTURE
Any house of the Parliament
By minister or private member
Lok Sabha
Introduction of the Bill
Who can introduce the bill?
Rajya Sabha
Discussion
Must be passed by both
the houses Separately
Voting Criterion
>50% member present and voting
or Not less than 2/3 members present and voting
If passed
Presented to the President
Bill becomes Act
President bound to give Assent
o
Suppose Lok Sabha has a total
membership of 100 members.
o
Suppose 20 are absent and 30
abstained from voting.
members present and voting in the House.
o
This means only 50 members are
present and voting.
When the law does not specify the kind of majority
needed, a simple majority is used for passing bills.
o
In this case simple majority needed is
26 (50% + 1).
Understanding of Types of Majority:
Simple Majority
▪
▪
This refers to a majority of more than 50% of the
−
For Example:
Simple Majority
Where the text of the constitution is not altered
but the law is changed
Article 11 confers on the Parliament power to
enact a law regarding citizenship.
An Act made in pursuance of that power will
change the law relating to citizenship without
altering the text of Articles 5 to 10.
Where the text of the constitution is
changed
Formation of new States
Creating or abolition of Legislative
Councils.
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▪
AMENDMENTS AND BASIC STRUCTURE
o
Rules of procedures of Parliament
Parliament. Some examples are -
o
Salaries and allowances of the members of the
Parliament
o
Admission of new states – Article 2
o
Use of English language in the Parliament
o
Creation of new states – Article 3
o
Use of official language
o
Creation or abolition of state legislative council
– Article 169
o
Citizenship
o
5th Schedule and 6th Schedule
There are many provisions in the Constitution that
can be amended by a simple majority of the
o
Quorum in the Parliament – Article 100
Special Majority
▪
✓ It means 51 members should vote
in Favour of the bill.
This refers to a majority of 2/3rd members present
and voting supported by over 50% of the total
strength of the House.
−
▪
For Exampleo Let’s continue with our example, (of
100 members).
o
Here for passing the bill at least 2/3rd
of total membership should be
present.
•
▪
✓ It means 67 members should be in
the house for voting and
The bill should be supported by more
than 50% of the total strength
The important provision that can be amended
through special majority are:
o
Fundamental Rights
o
Directive Principles of State Policy
All provisions not covered by:
o
simple majority and
o
special majority of Parliament + states
Special Majority
A majority of
2/3rd of the
members
present and
voting
More than
50% of total
membership
of a house
All provisions not covered by
Provision can
be amended
Fundamental Rights
Simple majority and
Directive Principles of
State Policy
Special majority of
Parliament + states
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AMENDMENTS AND BASIC STRUCTURE
Special Majority & consent of States
o
Special Majority according to Article 368 + 50% state
ratification by a simple majority
▪
▪
This type of majority is needed when a
constitutional amendment tries to change the
federal structure.
To change them the Bill must be passed by
o
A majority of 2/3rds of the members of each
House present and voting.
o
Such majority must exceed 50% of the total
Federal Provisions
▪
Election of the President and its manner
▪
Extent of the executive powers of the union and
the states
▪
Supreme and high courts
▪
Distribution of legislative powers between the
union and the states
▪
Extension of reservation for Scheduled caste,
Scheduled Tribes and Anglo-Indians in the
membership of that House.
o
It needed the support of at least 15
state legislatures out of the 29 states.
After the Bill is so passed it must be ratified by
legislatures of not less than one-half of the
Parliament and the state legislatures.
States by resolutions to that effect.
−
For Example
o The bill that introduced GST (Goods
and Services Tax).
▪
Representation of states in the Parliament.
▪
Power of the Parliament to amend the Constitution
and its procedure. (Art 368 itself)
Amendment to Constitution
Not under Article 368
Under Article 368
-
Concept of Simple Majority
50% of the members
present and voting
Concept of Special Majority
Special Majority & Consent of
States
Special Majority of the
Parliament
Consent of 1/2 of the
States legislatures by a
simple majority
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AMENDMENTS AND BASIC STRUCTURE
Important Amendments to the Constitution
Amendment Number
1st Amendment Act, 1951
•
•
•
•
7th constitutional
amendment, 1956
•
•
•
•
•
24th constitutional
Amendment, 1971
•
•
•
25th constitutional
Amendment, 1971
•
•
26th constitutional
Amendment, 1971
35th constitutional
Amendment, 1974
36th constitutional
Amendment, 1975
42nd constitutional
Amendment, 1976
(
Most comprehensive
amendment came to be
known as “Mini constitution)
•
•
Amended provisions of the constitution
Article 15 (4) - Empowered the state to make special provisions for the
advancement of socially and economically backward classes.
Article 31 (a) - Provided for the saving of laws providing for acquisition
of estates, etc.
Article 31 (b) - Added 9th Schedule to protect the land reform and
other laws included in it from the judicial review.
Article 19(6) - Added 3 more grounds of restrictions on freedom of
speech and expression, viz., public order, friendly.
Abolished the existing classification of states into four categories i.e.,
Part A, Part B, Part C and Part D states.
The states were re - organised them into 14 states and 6 union
territories (1st time UT’s came into existence).
Extended the jurisdiction of high courts to union territories.
Provided for establishment of common High court for 2 or more
states.
Provided for the appointment of additional and acting judges of the
high court.
It was a retaliatory act of Parliament to neutralize the effect of the
judgement in the Golak Nath case.
It affirmed the Parliament's power to amend any part of the
Constitution, including Fundamental Rights by amending Articles 368
and 13.
It also made it obligatory for the President to give assent to
Amendment Bills, when they are presented to him.
Curtailed the fundamental right to property.
Provided that any law made to give effect to the Directive Principles
contained in Article 39 (b) or (c) cannot be challenged on the ground
of violation of the rights guaranteed by Articles 14, 19 and 31.
Abolished the privy purse and privileges of the former rulers of
princely states.
Terminated the protectorate status of Sikkim and conferred on it the
status of an associate state of the Indian Union.
•
It made Sikkim a full-fledged State of the Union of India
•
Added 3 new words (i.e., socialist, secular and integrity) in the
Preamble.
Added Fundamental Duties by the citizens (new Part IV A).
Made the President bound by the advise of the cabinet.
Provided for administrative tribunals and tribunals for other matters
(Added Part XIV A).
Froze the seats in the Lok Sabha and state legislative assemblies on
the basis of 1971 census till 2001.
Made the constitutional amendments beyond judicial scrutiny.
Curtailed the power of judicial review and writ jurisdiction of the
Supreme Court and high courts
•
•
•
•
•
•
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AMENDMENTS AND BASIC STRUCTURE
•
•
•
•
•
•
•
•
44th constitutional
Amendment act, 1978
•
•
•
•
•
•
•
•
•
•
•
•
•
Provided that the laws made for the implementation of Directive
Principles cannot be declared invalid by the courts on the ground of
violation of some Fundamental Rights.
Empowered the Parliament to make laws to deal with anti-national
activities and such laws are to take precedence over Fundamental
Rights.
Added 3 new Directive Principles 1. Equal justice and free-legal aid,
2. Participation of workers in the management of industries
3. Protection of environment, forests and wild life.
Empowered the Centre to deploy its armed forces in any state to deal
with a grave situation of law and order.
Shifted 5 subjects from the state list to the concurrent list, viz, 1)
education, 2) forests, 3) protection of wild animals and birds, 4)
weights and measures and administration of justice, 5) constitution
and organisation of all courts except the Supreme Court and the high
courts.
Empowered the Parliament to decide from time to time the rights and
privileges of its members and committees.
Provided for the creation of the All-India Judicial Service.
Raised the tenure of Lok Sabha and State Legislative Assembly from 5
years to 6 years.
Restored the original term of the Lok Sabha and the state legislative
assemblies (i.e., 5 years)."
Restored the provisions with regard to quorum in the Parliament and
state legislatures.
Omitted the reference to the British House of Commons in the
provisions pertaining to the parliamentary privileges.
Gave constitutional protection to publication in newspaper of true
reports of the proceedings of the Parliament and the state
legislatures.
Empowered the president to send back once the advice of cabinet for
reconsideration. But, the reconsidered advice is to be binding on the
president.
Deleted the provision which made the satisfaction of the president,
governor and administrators final in issuing ordinances.
Restored some of the powers of the Supreme Court and high courts.
Replaced the term “internal disturbance” by “armed rebellion” in
respect of national emergency.
Made the President to declare a national emergency only on the
written recommendation of the cabinet.
Made certain procedural safeguards with respect to national
emergency and President’s rule.
Deleted the right to property from the list of Fundamental Rights and
made it only a legal right.
Provided that the fundamental rights guaranteed by Articles 20 and
21 cannot be suspended during a national emergency.
Omitted the provisions which took away the power of the court to
decide the election disputes of the president, the vice-president, the
prime minister and the Speaker of the Lok Sabha.
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52nd Constitutional
(Amendment) Act, 1985
AMENDMENTS AND BASIC STRUCTURE
•
•
61st Constitutional
(Amendment) Act, 1989
65th Constitutional
(Amendment) Act, 1990
•
69th Constitutional
(Amendment) Act. 1991
•
73rd Constitutional
(Amendment) Act, 1992
•
•
•
74th Constitutional
(Amendment) Act, 1992
•
•
77th Constitutional
(Amendment) Act, 1995
•
•
81st constitutional
Amendment
Act, 2000
•
•
•
85th Constitutional
(Amendment) Act. 2001
86th Constitutional
(Amendment) Act, 2002
•
•
•
89th constitutional
(Amendment) Act 2003
•
91st constitutional
(Amendment) Act, 2003
•
93rd Constitutional
•
(Amendment) Act, 2005
This amendment was brought by Rajiv Gandhi regime with the object
to put an end to political defections, which were prevalent during that
time.
Provided for disqualification of members of Parliament and state
legislatures on the ground of defection and added a new 10th
Schedule containing the details in this regard.
It provided for the reduction of voting age from 21 to 18 years by
bringing an amendment to Article 326.
Provided for the establishment of a multi-member National
Commission for SCs and STs in the place of a Special Officer for SCs
and STs.
Article 239AA and 239-AB were inserted according a special status to
the Union Territory of Delhi by designing it as the ‘National Capital
Territory of Delhi’.
Granted constitutional status and protection to the Panchayati raj
institutions.
The Amendment added a new Part-IX entitled as “the panchayats” and
a new 11th Schedule containing 29 functional items of the panchayats.
Granted constitutional status and protection to the urban local
bodies.
The Amendment has added a new Part IX-A entitled as “the
municipalities” and a new 12th Schedule containing 18 functional
items of the municipalities
Provided for reservation in promotions in government jobs for SCs
and STs.
This amendment nullified the Supreme Court ruling with regard to
reservation in promotions.
Led to the insertion of clause (4B) in Article 16.
It empowered the state to consider the unfilled reserved vacancies of
a year as a separate class of vacancies to be filled up in any
succeeding year/years.
Such class of vacancies are not to be combined with the vacancies of
the year in which they are being filled up to determine the ceiling of
50% reservation on total number of vacancies of that year.
This Amendment provided for the reservation in matters of
promotion with consequential seniority. (Article 16(4A)
Made elementary education a fundamental right.
By this Amendment Article 21A and Article 51 A(k) were inserted in
the Constitution. It also changed the subject matter of article 45 in
Directive principles.
Bifurcated the combined National Commission for Scheduled Castes
and Scheduled Tribes into two separate bodies, namely, National
Commission for Scheduled Castes and National Commission for
Scheduled Tribes.
Made provisions to limit the size of Council of Ministers, to debar
defectors from holding public offices, and to strengthen the antidefection law.
It added Article 15(5) under which the state can make special
provision for the advancement of any socially and educationally
backward classes of citizens or for the SC/ ST for admission to
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AMENDMENTS AND BASIC STRUCTURE
97th Constitutional
(Amendment) Act, 2011
•
99th Constitutional
Amendment Act 2014
•
•
100th Constitutional
Amendment Act, 2015
•
•
101st Amendment Act, 2016
•
102nd Amendment Act, 2018
•
103rd Amendment Act, 2019
•
•
•
•
•
104th Amendment Act, 2020
•
educational institutions including private educational institutions
whether aided or unaided by the State, other than minority
educational institutions.
Gave a constitutional status and protection to co-operative societies.
1. It made the right to form co-operative societies a
fundamental right.
2. 2.It included a new Directive Principle of State Policy on
promotion of co-operative societies.
3. It added a new Part IX-B in the constitution which is entitled
as “The Co-operative Societies”.
Replaced the collegium system of appointing judges to the Supreme
Court and High Courts with a new body called the National Judicial
Appointments Commission.
In 2015, the Supreme court declared the amendment as
unconstitutional and void.
Thus, the collegium system became operative again.
Gave effect to the acquiring of certain territories by India and transfer
of certain other territories to Bangladesh (through exchange of
enclaves and retention of adverse possessions) in pursuance of the
Land Boundary Agreement of 1974 and its Protocol of 2011.
Paved the way for Introduction of GST (Goods and Services Tax).
Constitutional Status was granted to National Commission for
Backward Classes (NCBC).
Empowered the state to make any special provision for the
advancement of any economically weaker sections of citizens.
Allowed the state to make a provision for the reservation of upto 10%
of seats for such sections in admission to educational institutions
including private educational institutions, whether aided or unaided
by the state, expect the minority educational institutions
This reservation of upto 10% would be in addition to the existing
reservations.
Permitted the state to make a provision for the reservation of upto
10% of appointments or posts in favour of such sections.
This reservation of upto 10 % would be in addition to the existing
reservation.
Extended the deadline for the cessation of seats for SCs and STs in the
Lok Sabha and states assemblies from Seventy years to Eighty.
•
105th Amendment Act, 2021
•
•
•
Removed the reserved seats for the Anglo-Indian community in the
Lok Sabha and state assemblies
It provide that the President may notify the list of socially and
educationally backward classes only for purposes of the central
government.
This central list will be prepared and maintained by the central
government.
Further, it enables states and union territories to prepare their own
list of socially and educationally backward classes. This list must be
made by law, and may differ from the central list.
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AMENDMENTS AND BASIC STRUCTURE
JUDICIAL DOCTRINE
Judicial Doctrine is a set of principles , procedural steps
or a position to determine judgements in a certain legal
matter.
In India’s cases, several judicial doctrines exist which
have developed over time as per the interpretation
given by the judiciary.
Some of the Doctrines are as follows:
Doctrine of Basic Structure
Doctrine of Separation of Powers
Doctrine of Pith and Substance
Doctrine of Incidental or Ancillary Powers
Doctrine of Severability
Doctrine of Eclipse
Doctrine of Territorial Nexus
Doctrine of Colourable Legislation
Doctrine of Pleasure
Doctrine of Harmonious Construction
Doctrine of Basic Structure
▪
The ‘Theory of basic structure’ was not mentioned
in the original constitution. It is a judicial
innovation.
▪
It was propounded by the Supreme Court in the
famous Kesavanand Bharati vs. State of Kerala
case (1973).
▪
It says that any law enacted by Parliament which
destroys the basic structure of the Constitution,
shall be declared void to the extent of its
destruction.
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AMENDMENTS AND BASIC STRUCTURE
Kesavanand Bharati vs. State of
Kerala case (1973)
Supreme
Court
Constitutional Amendment
Doctrine of Basic
Structure
Ordinary Law
Examining Validity of
Ordinance
Objective
To maintain the constitutional superiority
To sustain a balance between the three organs of the State.
Some Concepts
1.
2.
Supremacy of the Constitution
Sovereign, democratic and republican nature of
the Indian polity
3. Secular character of the Constitution
4. Separation of powers between the legislature, the
executive and the judiciary
5. Federal character of the Constitution
6. Unity and integrity of the nation
7. Welfare state (socio-economic justice)
8. Judicial review
9. Freedom and dignity of the individual
10. Parliamentary system
11. Rule of law
12. Harmony and balance between Fundamental Rights
and Directive Principles
13. Principle of equality
14. Free and fair elections
15. Independence of Judiciary
16. Limited power of Parliament to amend the
Constitution
17. Effective access to justice
18. Principles (or essence) underlying fundamental rights.
19. Powers of the Supreme Court under Articles 32, 136,
141 and 142
20. Powers of the High Courts under Articles 226 and 227
EMERGENCE OF THE BASIC STRUCTURE
The question whether Fundamental Rights can be amended by the Parliament under Article 368 came for
consideration of the Supreme Court within a year of the Constitution coming into force.
Constitutional 1st Amendment Act, 1951
Pre-Golaknath Period
Golaknath vs. State of Punjab, 1967
Constitution 24th Amendment Act, 1971
Kesavananda Bharati vs. State of Kerala Case
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AMENDMENTS AND BASIC STRUCTURE
Shankari Prasad case (1951)
▪
The constitutional validity of the 1st Amendment
Act (1951), which curtailed the right to property,
▪
laws and not the constitutional amendment acts
(constituent laws).
was challenged.
▪
The Supreme Court ruled that the power of the
Parliament to amend the Constitution under
Article 368 also includes the power to amend
Fundamental Rights.
The word ‘law’ in Article 13 includes only ordinary
▪
Therefore, the Parliament can abridge or take away
any of the Fundamental Rights by enacting a
constitutional amendment act and such a law will
not be void under Article 13.
▪
Parliament’s reaction- 24th Amendment Act
Golak Nath case (1967)
▪
The Supreme Court reversed its earlier stand.
▪
The constitutional validity of the 17th Amendment
Act (1964) was challenged.
▪
The Supreme Court ruled that the Fundamental
Rights are given a ‘transcendental and immutable’
o
Parliament amended Articles 13 and 368
declaring that it has the power to abridge or
take away any of the Fundamental Rights
under Article 368 and such an act will not be a
law under the meaning of Article 13.
position and hence, the Parliament cannot abridge
or take away any of these rights.
Kesavananda Bharati Case (1973)
▪
Supreme Court overruled its judgment in the Golak
Nath case (1967).
o
Parliament is empowered to abridge or take
away any of the Fundamental Rights
▪
It upheld the validity of the 24th Amendment Act
(1971) and stated that:
o
while laying down a new doctrine of the ‘Basic
Structure’
(or
‘basic
features’)
of
the
Constitution which it cannot alter when
making such amendments under Article 368.
Shankari Prasad Case, 1951
Case
Issue
Verdict
Constitutional validity of the 1st Amendment Act (1951) was challenged
The 1st Amendment curtailed the right to property (which before the 44th
amendment was a Fundamental Right.
▪ Supreme Court ruled that the power of the Parliament to amend the
constitution under Article 368 also includes the power to amend
Fundamental Rights.
▪
The word ‘law’ in Article 13 includes ‘only’ ordinary laws and not the
constitutional amendment acts (constituent laws).
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AMENDMENTS AND BASIC STRUCTURE
▪
Thus, the Parliament could take away any of the Fundamental Rights by
enacting a constitutional amendment act and such a law will not be void
under Article 13.
Article 13 - The article includes an express provision for Judicial review. It states that all laws that are violative
of fundamental rights shall be void. The SC and the High Courts can declare any law unconstitutional on the
grounds that it is violative of the fundamental rights
Implications
Case
▪
▪
Verdict
Implications
▪
▪
▪
Supreme Court reversed its earlier stand (as taken in the Shankari Prasad case).
It ruled that the Fundamental Rights have been given a ‘transcendental and
immutable’ position.
Thus, the Parliament cannot abridge or take away any of these rights.
▪
Art 368 has ‘only’ the procedure and not the power to amend the constitution.
▪
This made the Fundamental Rights sacrosanct and they were given a place of
permanence in the constitution.
This verdict also led to a beginning of battle between the Parliament and
Judiciary.
▪
Response
▪
▪
▪
Case
▪
▪
▪
Verdict
Golaknath Case, 1967
Validity of the Punjab Security of Land Tenures Act was challenged by the
petitioners
They also sought to have the 17th Amendment – which had placed the Punjab
Act in the 9th Schedule – declared ultra vires.
▪
▪
▪
Parliament reacted to the Supreme Court’s judgement in the Golak Nath case
(1967) by enacting the 24th Amendment Act and 25th Amendment. This Act
amended Articles 13 and 368.
24th Amendment - Parliament gave itself the power to amend any part of the
Constitution.
25th Amendment - The right to property was curtailed.
Kesavananda Bharti Case, 1971
Swami Kesavananda Bharati, challenged the Kerala government's attempts, under
land reform acts, to impose restrictions on the management of its property.
The petition was filed under Article 26, concerning the right to manage religiously
owned property without government interference.
13-judge Bench was set up by the Supreme Court to hear the case – One major
concern before it was whether the power of Parliament to amend the Constitution
was unlimited.
The verdict allowed any provision of the Indian Constitution can be amended by
the Parliament to fulfil its socio-economic obligations which were guaranteed to
the citizens.
But such amendment should not change the Constitution’s basic structure.
Thus, the constituent power of Parliament under Article 368 does not enable it to
alter the ‘basic structure’ of the Constitution.
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Implications
AMENDMENTS AND BASIC STRUCTURE
▪
▪
Response
▪
▪
▪
The verdict meant that the Parliament cannot take away a Fundamental Right that
form part of the ‘basic structure’ of the Constitution.
Also, any legislation that violates the basic structure of the constitution will be
declared ultra vires.
The Parliament reacted by enacting the 42nd Amendment Act (1976).
The act amended Article 368 – It declared that there is no limitation on the
constituent power of Parliament
Also, no amendment done to implement the Directive Principles can be
questioned in any court on any ground. (Including that it contravenes any of the
Fundamental Rights).
Minerva Mills Case
Case
Verdict
▪
42nd amendment was challenged by the owners of Minerva Mills (Bangalore) a
▪
sick industrial firm which was nationalized by the government in 1974.
42nd Amendment, had amended Article 31C of the Constitution to accord
precedence to Directive Principles of State Policy over the Fundamental Rights .
Supreme court invalidated the provision which excluded judicial review (It declared
Judicial review as a ‘basic feature’ of the Constitution.)
▪ The Court added 2 features to the list of ‘basic structure’- Judicial review 2)
Balance between Fundamental Rights and DPSP.
▪ The judges ruled that a limited amending power itself is a basic feature of the
Constitution.
▪ The court held that he power of Parliament to amend the constitution was limited,
it could not by amending the constitution convert this limited power into an
unlimited power.
Doctrine of Separation of power
The functions of the legislature are
to enact laws.
Rule Making
Machine
Legislature
Rule application
Machine
Rule adjudication
Machine
Executive
It interprets the laws, settles the
disputes.
Check &
Balance
Executive
It implements the laws enacted by
the legislature.
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▪
AMENDMENTS AND BASIC STRUCTURE
It is a doctrine in which the 3 organs of the
government, the executive, the legislature and the
judiciary have separate functions and powers.
▪
The main objective of doctrine of separation of
powers is to prevent the misuse of power within
different spheres of government
Constitutional Provisions (which ensure separation of Power)
Article-50
Separation of judiciary from executive - The State shall take steps to separate the
judiciary from the executive in the public services of the State.
Article 53
The executive power of the Union shall be vested with the President.
Article 121
Parliament cannot discuss the conduct of a judge of the Supreme court or High court
except upon a motion for presenting an address to the President praying for the
removal of the judge.
Article 154
The executive power of the State shall be vested in the Governor.
Article 105
Article 194
The provisions in the Constitution deal with the powers and immunities of
Parliament and it member.
Supreme Court Judgements:
•
The
verdict
while
maintaining
the
independence of each organ allowed for
situation where one organ can encroach on the
power of the other – It allowed it in situations
where an organ encroachment is mere
incidental to its main powers and functions.
•
Especially, when it came to executive powers
the court interpreted them broadly to cover
necessary powers needed to develop and uplift
the society.
Ram Jawaya v. State of Punjab (1955) case
•
This case is important to get a clear
understanding of constitution Federal
Structure and separation of Powers.
•
It helps us understand the scope to which an
executive body can interfere in a private right
without any specific legislative backing.
Outcomes •
Indira Gandhi vs Raj Narayan Case (1975) The court concluded that in Doctrine of
separation of power is not restricted to the
strict division of powers among various organs
of the State.
•
It also includes the exercise of ‘separation of
power’ on the principle of “Checks and
Balances”.
•
The principle signifies that none of the organs
should ‘usurp’ the essential functions of the
other organs.
▪
The SC held: “Separation of powers is part of the
basic structure of the constitution. None of the
three separate organs of the republic can take over
the functions assigned to the other”.
Doctrine of Pith and Substance
It is believed that the emergence of the doctrine of Pith
and Substance lies in Canada – it was introduced in a
case named Cushing vs Dupuy .
Background –
•
The constitution of India has divided the
legislative power in India between Centre and
States by way of the 7th schedule (Union / State
and Concurrent List).
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•
AMENDMENTS AND BASIC STRUCTURE
doctrine of Pith and Substance is applied by the
courts.
Despite the division conflicts arise between
Centre and States with regards to encroaching
upon the sphere of one another.
•
•
The Doctrine of Pith (essence of something)
and substance (essential part of something)
helps in dealing with this conflict.
Doctrine of Pith and Substance –
•
If encroachment between by Centre or State
takes place within the sphere of another the
Supreme Court Judgements –
moneylenders – a state subject and the inclusion
Profulla Kumar Mukherjee v Bank of Khulna.
▪
Case - The Bengal Money Lenders Act, 1946
enacted by State Legislature was challenged.
▪
of promissory notes was mere incidental.
State of Bombay v FN Balsara
▪
Reason – The contention was that parts of the
Legislation dealt with subject under the domain of
the Centre i.e. promissory notes.
▪
▪
Privy Council upheld the validity of the Legislation
saying that the pith and substance (i.e. True nature)
of the Law was related to
If Pith and Substance of a legislation i.e. true
nature or object to which it pertains lies within
the competence of the legislature which
enacted it, then it should be held intra – vires
(constitutional) even though it incidentally
encroaches on the matter not within its
competence.
money and
Case - The Bombay Prohibition Act was
challenged on the grounds that it accidentally
encroached upon Import and Export of Liquor
across custom frontier – a central Subject.
The court upheld the Legislation and declared
that the Pith and Substance of the Legislation
(i.e. True Nature) deals with state subject and
encroachment upon the Central Subject is
merely incidental.
Doctrine of Incidental or Ancillary
Background What does the Doctrine say?
▪
▪
▪
The power to legislate on a subject also
includes the power to legislate on ancillary
matters i.e. matters which are reasonably
connected to that subject.
For example – The power to impose ‘Taxes’
(Main Subject) also includes the ‘Power to
search and seizure’ in order to prevent Tax
Evasion (Ancillary Subjects).
However, if a subject is explicitly (clearly)
mentioned in Union or State list, it cannot be
said to be an ancillary matters
R M D Charbaugwala vs State of Mysore case
▪
This doctrine was applied by the Supreme
Court to declare an amendment made by
Mysore as valid.
▪
▪
▪
The State under Article 252 had asked the
centre to make law on Entry 34 of State list i.e.
on betting and Gambling. Later they had
adopted the central legislation called the Prize
Competitions Act.
Later, an ordinance was passed by the Mysore
State amending certain provisions of the act to
deem taxation powers upon themselves.
This was challenged in the court on the basis
that the State had lost its power to make law
on Betting and Gambling after adopting the
Central Legislation.
The Verdict ▪
The Supreme court upheld the amendment
using the “Doctrine of Incidental or Ancillary”
saying that the Central law governed entry 34
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AMENDMENTS AND BASIC STRUCTURE
of List II of the 7th Schedule, while the
amendments made by the Mysore Legislation
were done under entry 62 of the same list.
These entries covered separate powers, and by
passing the resolution under article 252, the
States did not surrender their powers of
taxation under entry 62
Doctrine of Severability
Doctrine of severability means that when some
‘particular’ provision of a statute (law or rule) is against
a constitutional limitation, but the provision is
severable (can be removed) from the rest of the
statute, only that offending provision i.e. the provision
which violates the constitutional limitation will be
declared void by the Court and not the entire statute.
Detention Act was declared unconstitutional
and void.
Supreme Court Judgments:
A.K. Gopalan v. State of Madras (1950),
▪
In the case the petitioner- a communist leader
was detained under the Preventive Detention
Act, 1950.
▪
He challenged the preventive detention made
on the ground that is infringement of his
fundamental rights under article 19 and 21 of
Indian Constitution.
▪
▪
▪
The Section 14 was severed (removed) and
every other sections of the Preventive
Detention Act, 1950 remained constitutionally
valid.
Kihoto Hollohan v. Zachilhu (1965)–
The Supreme Court applied the Doctrine of
Severability. Section 14 of the Preventive
▪
▪
Popularly known as the defection case.
The court applied the doctrine of severability
and declared that Para 7 of the 10th schedule
of Indian Constitution unconstitutional.
▪
The portion was held unconstitutional as it
violated the provisions under article 368(2).
It upheld the validity of the rest of the 10th
schedule.
Doctrine of Eclipse
▪
According to the Doctrine, if any law becomes
contradictory to the Fundamental Rights, then it
does not become permanently dead/invalid but it
▪
transactions for example rights and liabilities that
were acquired before the Constitution came into
being.
becomes inactive.
▪
It applies to pre – constitutional laws stating those
▪
Remember that the laws which are eclipsed remain
applicable to those who have been not been given
Fundamental Rights example non – citizens.
▪
Thus, the law which is eclipsed can remain hidden
behind Fundamental rights and can become
laws inconsistent with FR’s – these laws do not
become void but only remain in unenforceable i.e.
in a dormant state.
They remain existing for all pre - constitutional
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▪
AMENDMENTS AND BASIC STRUCTURE
operative again if/when the Fundamental Right
Keshava Madavan Menon v State of Bombay (1951)
which is inconsistent gets amended.
etc.
This doctrine has been applied by the courts in
various cases Bhikaji vs State of Madhya Pradesh,
Doctrine of Territorial Nexus
▪
▪
It states that laws made by a state
legislature are not applicable outside that
state, except when there is a sufficient
nexus between the state and the object.
takes effect outside the territory of
India.
▪
The doctrine states that in order for a state
law to have an extraterritorial operation,
there must be a nexus between the object
and the State.
▪
The Supreme Court applied this doctrine in
This doctrine derives its authority from
Article 245 of the Indian Constitution.
o
Article 245 (2) provides that no law
made by the Parliament would be
invalid on the ground that it would
have extra-territorial operation i.e.
the case of Tata Iron Steel vs. the State of
Bihar
Doctrine of Harmonious Construction
▪
Harmonious construction is a principle of
statutory interpretation used in the Indian
legal system.
▪
It holds that when 2 provisions of a legal
text seem to conflict, such situations arise
when the statutes and their provisions
have more than one interpretation.
▪
In these situations the thumb rule for
interpreting any statute is the “rule of
harmonious construction”.
▪
The
“Doctrine
of
Harmonious
construction” is followed when there is an
inconsistency between 2 or more statute
or sections of a particular statute.
▪
The fundamental principle used is that a
statute has a legal purpose and it should be
read in totality. After this the
interpretation which is consistent with all
the provisions given in the statute will be
used.
▪
The courts have articulated some
procedure for proper applicability of the
“rule of harmonious construction” –
1. To reduce inconsistency equal
importance must be given to both
conflicting provisions.
2. Provisions
which
are
fundamentally inconsistent to
each other must be read in
entirety and complete enactment
should be taken into account.
3. Of the 2 contradicting provisions
the one with the broader reach
needs to considered.
4. When reconciling the conflicting
provisions, the courts must
decipher them in a way that the
effect is given to both provisions as
much as possible.
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AMENDMENTS AND BASIC STRUCTURE
19
5. It should be kept in mind, that the
interpretation that makes the
provision ambiguous or useless is
not harmonious construction.
▪
It is based on the legal maxim which
says that “what cannot be done
directly, cannot also be done
indirectly”.
6. To harmonize is not to destroy any
statutory provision or to make it
pointless.
▪
This doctrine is applied when a
Legislature does not have the right to
make law upon a particular subject but
indirectly makes one.
7. The court must establish the
degree to which the legislature
wants to grant one provision
overriding authority over another.
The Court has laid down certain tests for
discovering whether an Act constitutes
‘colourable legislation’.
The courts have used the Principle of
Harmonious construction in various cases ReKerala education bill 1951, East India hotels
ltd. V. Union of India (2001), Sri Jagannath
Temple Managing Committee v. Siddha Math
and Others etc.
1. The court must not at the substance of
the law instead of looking into its form
or the label.
2. The court needs to look at the object
as well as the effect of the law.
3. The court must read all the statutes
constituting that legislative plan and
determine its combined effect.
Doctrine of colourable Legislation –
▪
It is based upon the doctrine of
‘Separation
of
power’
which
mandates striking balance between
different state components (Centre
and States).
▪
Various cases in which this doctrine
was used - K.C. Gajapati Narayana Deo
And Other v. The State Of Orissa, Ram
Krishna Dalmia v. S.R. Tendolkar, R.S.
Joshi v. Ajit Mills etc.
STUDYIQ.COM
PARLIAMENTARY SYSTEM
PARLIAMENTARY SYSTEM
▪
The Parliament is the ‘legislative organ’ of the
Union government.
▪
It occupies a pre-eminent and central position in
▪
also dissolves the House of the People i.e. Lok
Sabha.
the Indian democratic political system.
▪
India has adopted the ‘Westminster’ model’ of
government.
▪
Comparison: India & America
Parliament is covered under Art. 79-122, Part V, of
the Indian Constitution.
▪
Though the President is not a member of either
House of the Parliament, he is an integral part of
it. He summons the 2 houses of Parliament and
The Parliament of India consists of the President
and 2 Houses i.e. the Lok Sabha and Rajya Sabha.
Comparison
Relationship between
the Executive and
Legislature
Head of State/
Government
Presidential
▪
Modern democratic government can be classified
into twoo
Presidential government
o
Parliamentary government.
Parliamentary
Separation of Powers
Fusion of Powers
Same person (President)
Different Person
Head of State – President
Head of Government – PM
Term of office
Fixed (Predictable)
Less Predictable
Executive Questioned
Period
Irregular (Primarily responsible to
the people)
Regular (Primarily responsible to the Parliament)
Government coalition
Less Likely
More likely
Examples
USA, Brazil, Russia, Sri Lanka
Britain, Japan, Canada, India
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PARLIAMENTARY SYSTEM
▪
Comparison: India and Britain
▪
In Britain, Parliament consists of the Crown, the
House of Commons and the House of Lords.
Comparison
Type
Thus, India follows the British Model in making
the ‘President’ a ‘constituent part’ of Parliament.
Indian Parliamentary Government
Republican system – Head of state is
(President)
elected
British Parliamentary
Government
Monarchial system – Head of state is
hereditary (King or Queen)
Parliament
sovereignty
Does not exist – Parliament powers are
restricted (constitution, judiciary etc.)
Parliament is ‘sovereign.’
Prime Minister
Can be a member of any house (Lok Sabha or
Rajya Sabha)
PM has to belong to the lower house i.e
the House of Commons.
Ministers(CoM)
Individual who is not a member of either
house can be appointed.
Members of Parliament are alone
appointed as Ministers.
Legal Responsibility
of Minister
Does not exist. No need to countersign the
official acts of head of state.
Legal Responsibility of the Minister
exists.
Shadow Cabinet
No
Yes
Name
Lower House (Lok Sabha)
Upper House (Rajya Sabha)
Lower House (House of commons)
Upper House (House of Lords)
Nominal and Real Executive
Majority Party rule
Collective Responsibility
Political Homogeneity
Double Membership
Dissolution of the Lower
house
Secrecy
Features of Parliamentary Government
President is the ‘nominal’ or ‘de - jure executive’ while the Prime Minister is the
‘real’ or ‘de – facto executive’.
President is the Head of State while Prime Minister is the head of the
Government.
The political party which secures ‘majority seats’ in the Lok Sabha forms the
government. In case no single party gets the majority a coalition is formed.
Article 75: Ministers are ‘collectively responsible’ to the Parliament in general
and to the Lok Sabha in particular.
The members of the ‘council of ministers’ belong to the same political party i.e.
they share the same political ideology. In case of a coalition the members are
bound by consensus.
Ministers (I.e., council of Ministers) are members of both the legislature and the
executive.
The lower house of the Parliament (Lok Sabha) can be dissolved by the ‘President’
on ‘the recommendation’ of the Prime Minister.
The minister operate on the principle of secrecy of procedure and cannot divulge
information about their proceeding, policies and decisions
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PARLIAMENTARY SYSTEM
Merits and Demerits of the Parliamentary system –
Harmony between legislature and executive
Responsible Government
Merits
Prevents Despotism
Ready to alternate the government
Wide Representation
Unstable Government
No continuity of Policies
Dictatorship of the Cabinet
Against Separation of Powers
Governments by Amateurs
Indian Parliamentary System:
▪
In India, we adopted the ‘Parliamentary system’
because: –
o
Familiarity with the system
o
Preference for more responsibility
o
Avoid legislative-executive conflicts
o
Nature of Indian society (heterogeneous).
Demerits
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PARLIAMENTARY SYSTEM
Provisions
Articles
Article 79
Article 80
Article 81
Article 82
Article 83
Article 85
Article 86
Article 87
Article 88
Article 99
Article 100
Article 101
Article 102
Article 103
Article 105
Article 106
−
−
−
−
−
−
−
−
−
Constitution of Parliament
Composition of the Council of States
Composition of the House of the People
Readjustment after each census
Duration of Houses of Parliament
Session of Parliament, Prorogation and dissolution
Right of the President to address and send messages to Houses
Special address by the President
Right of Ministers and Attorney-General as respect the Houses
−
−
−
−
−
−
Oath or affirmation by members
Voting in Houses, power of Houses to act notwithstanding vacancies
Vacation of Seats
Disqualification for membership
Decision on questions as to disqualifications of members
Power, privileges etc. of the Houses of Parliament
−
Salaries and allowances of members
Parliament of India
Councils of States
Rajya Sabha
The President
House of the People
Lok Sabha
Head of the State
Not more than 250
members
Not more than 552
members
12 nominated
Not more than 530 representative
of state
Not more than 238 representatives
of States & UTs
Not more than 2 nominated Anglo
Indians (ended with the 104th CAA)
Not more than 20 representatives
of UTs
Term: A Permanent body
Term: 5 Years, subject to
Term: 5 years, subject to
is not subject to
dissolution
impeachment by
Parliament
dissolution by President of
India
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PARLIAMENTARY SYSTEM
Functions of the Parliament:
Functions performed by the Parliament
Legislative Functions
Financial Functions
Amending Power
Can make laws on the subject of “Union list” & “Concurrent List”.
Approves the budget every year.
Parliament by ‘special’ majority can amend the constitution.
Power over Executive
Parliament exercises control over the Executive through various machinery.
Quasi-Judicial Power:
It can Impeach President
Organ of the Parliament:
Present Situation
Total – 245 members
Rajya Sabha
States: 229 members
UT’s: 4 members
Nominated: 12 members
Maximum Strength - 250
238 - Representative of States/Union
Territories (Indirectly elected)
12 - Nominated Members by the
President of India
Election in RS
Representation of States
Mode of Election Representatives of State are
‘Indirectly’ elected
Election System ‘Proportional representation’
by ‘single transferable vote’
Allocation of Seats in Rajya
Sabha – On the basis of
‘Population’
Representation of UT
Nomination
Mode of Election – ‘Indirectly
elected’
Mode of selection - President
‘nominates’ 12 members to
the Rajya Sabha.
Election System –
‘Proportional representation’
by a ‘single transferable vote’.
Union Territories having
representation in Rajya
Sabha – 3 Union Territories
(Delhi, Puducherry and
Jammu and Kashmir).
Requirements for nominated
member - People who have
‘special knowledge’ in
−
−
−
−
Art
Literature
Science
Social Service
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PARLIAMENTARY SYSTEM
Rajya Sabha – Council of States
▪
It is the Upper House (2nd chamber or House of
Elders) of the Parliament.
▪
1/3rd of its members retire every 2nd year.
▪
The retiring members are eligible for ‘re-election’
and ‘re-nomination’ any number of times.
▪
It represents the ‘states’ and ‘Union Territories’ of
the Indian union.
▪
▪
The Rajya Sabha was constituted in the year of
1952.
Qualifications
Composition of Rajya Sabha:
▪
The maximum strength of Rajya Sabha is 250
members.
▪
The present strength of the Upper House is 245.
▪
The Rajya Sabha consists of two classes of
members viz.
o
Nominated members
o
Representatives of the states and Union
Territories (elected Indirectly).
▪
The nominated members are 12 in number and
are nominated by the President.
▪
The President nominated amongst persons having
special knowledge or practical experience-
▪
Must be a citizen of India.
▪
Must not be less than 30 years of age.
▪
Must possess other qualifications as prescribed by
the Parliament. The Parliament has laid down
additional qualifications in the Representation of
Peoples Act of 1951.
▪
Must be registered as an elector for a
parliamentary constituency in a state or Union
Territory
▪
Must be a member of a ‘scheduled caste’ or
‘scheduled tribe’ in any state or union territory, if
he/she wants to contest a seat reserved for them
▪
Member of ‘scheduled castes’ or ‘scheduled
tribes’ can also contest a seat not reserved for
them.
o
In the fields of literature.
Disqualifications
o
In the field of Arts.
▪
o
In the field of science.
Article 102 of the Indian Constitution provided
disqualification of a person who is a member of
the Parliament. If holds any office of profit under
o
In the field of social service.
the Union or State government.
▪
Out of 250 members, 238 are the representatives
of the states and Union Territories.
▪
These 238 are elected ‘indirectly’ by the elected
members of Legislative Assemblies of the
concerned states.
Duration of Rajya Sabha
▪
The members are elected by the elected
members of the State.
The Rajya Sabha is a permanent body, and not
subject to dissolution.
▪
If the person is of unsound mind and stands so
declared by a court.
▪
If the person is an un-discharged insolvent.
▪
If the person is not a citizen of India or has
voluntarily acquired the citizenship of a foreign
state.
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▪
PARLIAMENTARY SYSTEM
If so disqualified under any law made by the
Parliament.
Important to Note:
▪
There is no difference of status between the ‘elected’ and the ‘nominated’ members of Rajya Sabha
except that only the elected members can participate in the election of the president.
▪
Unlike USA and Australia, the States in India are not equally represented in Rajya Sabha. The
membership of a State is based on the population of that State.
▪
The formula set for seat allocation is one seat for each million of population for the first 5 million and
thereafter one seat every 2 million population or part thereof exceeding one million.
▪
The 4th Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha to the States
and Union Territories.
▪
The members of Rajya Sabha are disqualified by the President after seeking the opinion from the
Election Commission.
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PARLIAMENTARY SYSTEM
Lok Sabha
Present Situation
Total: 543 members
Maximum Strength – 552 (now 550)
States: 530 members
UTs: 13 members
Union Territories - 20
Representative of State - 530
2 - Anglo Indian community
Election in LS
Done away by the 104th CAA
Representation of UT
Representation of States
Mode of election – ‘Directly’
elected by people from the
territorial constituencies of
the state.
Election system – First past
the post System
Principle – Universal Adult
Franchise - Every ‘Indian
citizen’ who is ‘above’ 18
years of age.
Disqualification – Can be
disqualified under provisions
of the constitution or any law.
Fact – 61st constitutional
amendment act reduced the
voting age from 21 years to
18.
Nomination
Constitutional Provision Constitution has
‘empowered’ the
Parliament to prescribe the
manner of choosing the
representatives of the union
territories in the Lok Sabha.
Union Territories (Direct
Election to the House of the
People) Act,1965 – was
enacted by Parliament to
fulfill the constitutional
provision.
Mode of election – ‘Directly’
elected by the people of
Union Territories.
Election system – First past
the post System.
Article 331: Provided
representation of the AngloIndian Community
President can nominate two
members from Anglo-Indian
community to the LS
Parliament passed the
Constitution (126th
Amendment) Bill or 104th
Constitutional Amendment
Act, extending reservation for
SC/STs but doing away with
the provision for nomination
of Anglo Indians to Lok Sabha
and some state Assemblies.
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PARLIAMENTARY SYSTEM
Lok Sabha – House of the people
▪
▪
The Lok Sabha is the ‘Lower House’ or ‘popular
House’ of Parliament as its members are directly
elected by the People.
▪
But fresh elections to the Lok Sabha must be held
within 6 months at the end of the emergency.
▪
The President can dissolve the Lok Sabha at any
time when the Prime Minister may advise him to
do so or when no party may be in a position to
form a government.
▪
In this case, also a new Lok Sabha has to be
essentially elected within six months.
The maximum strength of Lok Sabha is 552.
Composition of Lok Sabha
▪
The Constitution prescribes a membership of •
•
•
not more than 530 representatives of the
States
not more than 20 representatives of the
Union Territories
not more than 2 members of the Anglo-Indian
Qualifications
▪
Must be a citizen of India.
▪
Must not less than 25 years of age.
▪
Must possess other qualifications as prescribed by
the Parliament. (The Parliament has laid down
Community nominated by the President
(Done away by the 104th constitutional
Amendment Act).
▪
The Constitution empowers Parliament to
readjust the seats in the Lok Sabha on the basis of
−
Disqualifications
▪
If holds any office of profit under the Union or
State government.
▪
The 126th Amendment Bill or the 104
constitutional amendment act substituted 70
years of reservations for the SC and ST
If the person is of unsound mind and stands so
declared by a court.
▪
If the person is an un-discharged insolvent.
community with 80 years.
Concerning the nomination of members of the
▪
If the person is not a citizen of India or has
voluntarily acquired the citizenship of a foreign
state.
▪
If so disqualified under any law made by the
Parliament.
▪
In relation to the above disqualification, the
decision of the President is final after obtaining
the opinion of the election commission.
population after every census.
−
additional qualifications in the Representation of
Peoples Act of 1951.)
th
Anglo-Indian community, it chose to maintain
the status quo by not substituting the words
‘70
years’.
This
ensured
that
the
representation of Anglo-Indians expired on
25th January 2020.
Duration of Lok Sabha
▪
The normal term of the Lok Sabha is 5 years.
▪
This term may be extended for 1 year at a time
for any length of time during an emergency.
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PARLIAMENTARY SYSTEM
PARLIAMENTARY SYSTEM - PART 2
In the previous handout we looked at the 2 houses of Parliament. Here, we will look at certain exclusive powers of
both the houses.
SPECIAL OR EXCLUSIVE POWER OF THE LS & RS
Special powers of the Lok Sabha
Special powers of the Rajya Sabha
The Lok Sabha enjoys the following powers
which are not available to the Rajya Sabha
The Special powers of the Rajya Sabha are
in the form of initiating certain resolutions
These are,
−
−
−
A confidence or no confidence motion
can be initiated and passed only in the
Lok Sabha
Money and Financial Bills can be
introduced only in the Lok Sabha
Under Article 352 the Lok Sabha in a
special sitting can disapprove the
continuance in force of a national
emergency
proclaimed
by
the
President.
−
It can authorize the parliament to
make a law on a subject enumerated in
the state list (Article 249)
−
It can authorize the parliament to
create a one or more new All India
service common to both the centre
and the state (Article 312)
−
A resolution seeking the removal of the
Vice-President can originate only in
Rajya Sabha (Article 67(b))
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PARLIAMENTARY SYSTEM
Privileges and Immunities of the Parliament (Article 105)
Definition
They are special rights, immunities and exceptions enjoyed by both houses,
committees and members.
Objective
To secure independence, autonomy and dignity of both the houses.
Status
They are ‘not’ codified, enforced by presiding officer.
These are available to Attorney General; Union Ministers as well as extend to Parliament
Scope
Committees as well.
Provision
Article 105 – It talks about “only’ certain privileges 1) Freedom of Speech in Parliament 2) Non
liability in court regarding his work in Parliament.
Rest are same as those of “British House of Commons”, its committees and members (This
reference was done away by the 44th constitutional amendment act, 1976)
Fact
It does not extend the President.
Collective Privileges –
▪
▪
Publish - To publish reports, debates and its
information of arrest/ detention of its member
proceedings and prohibit others from publishing
them. 44th amendment Act, 1978 restored the
Freedom of Press to publish report of
Parliamentary
proceeding
without
prior
permission of the house (not applicable incase of
▪
Prohibition on court - Courts are prohibited to
inquire into proceedings of the house.
Individual Privileges ▪
secret sittings).
▪
Right to be informed - Right to receive immediate
Regulatory powers
-
Cannot be arrested during the session and 40
days before and after the session
❖ This privilege is available only in ‘civil
It can regulate its
cases’ not in ‘criminal cases’.
proceedings, procedure, conduct of business and
adjudicate upon such matters.
▪
▪
Penal powers - It can punish people for breach of
privileges
or
its
contempt
by
refuse to give evidence or appear as witness in
a case pending in a court when Parliament is in
reprimand,
session.
admonition or Imprisonment.
▪
Legal proceedings - No legal process can be
served without the permission of the presiding
officer.
Exempted from jury service – Members can
▪
Freedom of speech - No member is liable to
any court for anything said or any vote given by
him in Parliament or its committees (Subject to
provisions of constitution/rules and standing
orders regulating the procedure of the house).
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PARLIAMENTARY SYSTEM
Vacating of Seats
.
A person cannot be a member of both
Houses of Parliament at the same time.
A member may resign his seat by writing to
the Chairman of RS or Speaker of LS
By Resignation
Double Membership
Vacating
Seats
Other cases
exist too.
By Disqualification
By Absence
If a member becomes disqualified
subject to disqualification
mentioned in the constitution
including under provisions of the
10th schedule.
If a member is absent from all its
meetings for a period of 60 days
without its permission.
•
In the following cases, a member of Parliament vacates
his seat:
▪
Otherwise, ‘both’ seats become vacant.
Double Membership:
•
If a person is elected to two seats in a House,
he should exercise his option for one.
•
A person cannot be a member of ‘both’ houses
A person cannot be a member of both the
of Parliament at the same time. If a person is
“Parliament” and “State Legislature” at the
selected to both houses i.e. Lok Sabha and
same time.
Rajya Sabha then within 10 days he must tell
the house he seeks to serve.
❖ If a person is so elected his seat in
Parliament becomes vacant if he does
not resign his seat in State legislature
❖ If such intimation is not done by him
his seat in the Rajya Sabha becomes
within 14 days.
vacant.
•
If a sitting member of one House (Suppose,
Rajya Sabha) is also elected to the other House
(i.e Lok Sabha), his seat in the 1st House (I.e.
Rajya Sabha) becomes vacant
▪
Resignation:
•
A member may resign his seat by writing to the
Presiding officer i.e. Chairman of Rajya Sabha
(If he is a member of RS) or Speaker of Lok
Sabha (If he is a member of LS).
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PARLIAMENTARY SYSTEM
if a disqualified candidate is elected to the
•
•
The seat falls vacant when the resignation is
accepted.
Parliament.
•
However, the Chairman/Speaker may not
The provisions to deal with the above situation
can be found in the Representation of the
People Act (1951).
accept the resignation if he is satisfied that it is
not voluntary or genuine.
•
Representation of People act, 1951 enables
the High court to declare an election void if a
disqualified person has been elected (Appeal
▪
Absence:
•
•
against this order lies with the Supreme court).
A House can declare the seat of a member
vacant if he is absent from all its meetings for
a period of 60 days without its permission.
▪
While calculating the 60 days, the period
during which the house was prorogued or
adjourned for more than 4 consecutive days
will not be taken into account.
▪
Every member of either House of Parliament,
before taking his seat in the House, has to make
and subscribe to an oath or affirmation before the
President or some person appointed by him for this
purpose.
In his oath or affirmation, a member of Parliament
swears:
Disqualification:
•
Oath or Affirmation
❖ To bear true faith and allegiance to the
Constitution of India;
If a member of Parliament becomes subject to
any disqualifications specified in the
❖ to uphold the sovereignty and integrity
of India; and
constitution his seat becomes vacant.
•
This includes disqualifications under the 10th
schedule
of
the
constitution
i.e.
❖ To faithfully discharge the duty upon
which he is about to enter.
disqualifications on the ground of defection.
Other cases:
A member has to vacate his seat in the Parliament if –
•
If his election is declared void by court.
•
If he is expelled by the house.
•
If he is elected to the office of President or Vice
Importance of ‘Oath’ or ‘Affirmation’ – Unless a person
has taken the Oath ▪
If he is appointed to the Office of Governor of
the State.
What are the provisions in case an Individual who is
disqualified is elected to the Parliament?
•
Remember, that no procedure is laid down in
the constitution for declaring an election void
‘vote’
or ‘participate’ in the
proceedings of the house.
▪
He does not become eligible for Parliamentary
privileges or immunities.
– President.
•
He cannot
Penal provisions – A person is eligible for penalty of
₹500 for every day he sits or votes as a member of the
house in the following conditions –
▪
Before taking/subscribing to prescribed Oath
or Affirmation.
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▪
PARLIAMENTARY SYSTEM
If the person knows that he is not ‘qualified’
▪
They are determined by Parliament from time to
time.
▪
Pension – With regards to Pensions there is no
or ‘disqualified’ from the membership of a
house.
provision of Pension in the constitution. However,
Parliament has provided pension to the members.
▪
If the person knows that he is prohibited from
❖ From 1976, provision also exist for a
pension on a graduated scale for each
term as a member of either house of
Parliament.
‘sitting’ or ‘voting’ in the house due to a
parliamentary law.
Salaries and Allowances (of Members of either
House of Parliament)
▪
Apart from salary, an MP gets many allowances
every month like medical, housing, telephone etc.
Salary and Allowances for MP (Member of Parliament)
Salary of members
₹ 1 lakh/per month
Constituency allowance
₹ 70, 000/per month
Office expenses allowance
₹ 60,000 per month
Daily allowance
₹ 2000
OFFICERS OF THE PARLIAMENT
Presiding Officer in
Parliament
Lok Sabha
Rajya Sabha
Chairman
Vice President
Elected by ‘Lok Sabha’ from
amongst its members
Deputy Chairman
Elected from
its members
Panel of Vice Chairpersons
Under the Rules of Rajya Sabha, the
Chairman nominates from amongst the
members, a panel of vice-
Elected by ‘Lok Sabha’ from
amongst its members
Speaker
Deputy Speaker
Panel of Chairpersons
Under the Rules of Lok
Sabha, the Speaker
nominates from amongst the
members a panel of not
more than ten chairpersons.
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PARLIAMENTARY SYSTEM
❖ What are the requirements which are
needed to pass a resolution by the
Government?
Presiding Officers of Parliament
▪
Each House of Parliament has its own ‘presiding
officer’.
▪
▪
1. Effective Majority - To arrive at
There is a ‘Speaker’ and a ‘Deputy Speaker’ for the
Lok Sabha
‘effective majority’- we simply
And a ‘Chairman’ and a ‘Deputy Chairman’ for the
remove the vacant seats and all
the then members become
Rajya Sabha.
▪
‘Effective Majority’.
A ‘panel of chairpersons for the Lok Sabha’ and a
2. Support of “50 members” is
‘panel of vice-chairpersons for the Rajya Sabha’ is
needed to admit the motion of
also appointed.
‘removal’.
3. During consideration of the
Presiding Officer of the Lok Sabha
resolution – Speaker ‘cannot’
Speaker –
•
preside over the Lok Sabha
4. No casting vote - He can ‘vote
Election of Speaker - Elected by ‘Lok Sabha’
'during the first instance but not
from amongst its members (he shall be a
in case of equality of votes.
member of Lok Sabha at the time of election).
❖ Date of election is ‘fixed’ by the
❖ Fact – Lok Sabha dissolution does not lead to
President.
•
Speaker immediately vacating office. He
continues till the next Lok Sabha meets.
Vacation in office of the Speaker – Vacation
in the Office of the Speaker arises when the
Speaker ceases to be a member of the Lok
Speaker – Role, Powers and Functions –
Sabha due to the following reasons –
Role▪
The Speaker is the head of the Lok Sabha, and its
representative.
▪
He is the principal spokesman of the House, and his
decision in all Parliamentary matters is final.
▪
He/ She is vested with vast, varied and vital
❖ Resignation by the Speaker ---> He needs
to write to the ‘Deputy Speaker’.
❖ Removal of the Speaker by a ‘resolution’
- He can be removed by the house by an
‘effective majority’ at 14 days advance
notice.
responsibilities and enjoys great honour, high
dignity and supreme authority within the House.
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PARLIAMENTARY SYSTEM
Constitution
Sources of Power
Rules of Procedure and conduct of
business
Parliamentary conventions
Functions -
▪
(not speaker he only presides) to settle a
1. Maintain Order and decorum in the house -
‘deadlock’ between the 2 Houses on a bill.
Speaker maintains ‘order’ and ‘decorum’ in
the House for conduct of business and
Joint sitting is ‘summoned’ by the President
regulates its proceedings. This is his primary
6. Secret Sitting - Speaker can allow a ‘secret’
responsibility and he has the ‘final power’ in
sitting of the House at the request of the
Leader of the House.
this regard.
2. Speaker as ‘final Interpreter’ - Speaker is the
7. Money bill - Speaker is the final authority to
certify a ‘money bill.’ His decision on this
final interpreter of the provisions of –
question is final. (Endorses it as money bill
(a) the Constitution of India,
before it sent to RS and President for
(b) the Rules of Procedure and Conduct of
approval).
Business of Lok Sabha
(c) the parliamentary precedents, within the
8. Disqualification of Members (Anti Defection
House.
law) - Speaker can ‘disqualify’ an MP under
defection law under the provisions of the 10th
3. Absence of Quorum - Speaker ‘adjourns’
the House or suspends the meeting in
absence of a quorum. (Atleast 1/10th of the
total strength of the house should be
present).
4. Casting Vote - Speaker ‘does not’ vote in
the first instance. But he can exercise a
schedule of the constitution.
▪
SC Judgment 1992 – In Kihoto Hollohan vs
Zachillhu 1992 case SC said that the power is
subject to ‘Judicial Review’.
9. Speaker is the ‘ex-officio’ chairman of the
Indian Parliamentary Group I.e. the group is
casting vote in the case of a tie. (To resolve
responsible for establishing a link between
Indian Parliament and various parliaments of
the deadlock).
the world.
5. Joint Sitting - Speaker presides over a ‘joint
setting’ of the 2 Houses of Parliament.
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PARLIAMENTARY SYSTEM
10. Speaker is the ‘ex-officio’ chairman of the
conference of presiding officers of legislative
▪
does not need to resign from his party but if
bodies in the country.
he resigns won’t be disqualified under the
11. Appointment authority - He appoints the
provisions of Anti – Defection law.
chairman of all the ‘parliamentary
committees’ of the Lok Sabha.
Speaker and Anti – Defection law - Speaker
▪
Security of Tenure - A proper procedure is
prescribed for his removal.
12. Chairman of the Business Advisory
Committee, the Rules Committee and the
▪
▪
Substantive Motion is needed to discuss and
criticize his work in the Lok Sabha
▪
Casting Vote ‘only’ – He cannot vote in the
Provisions for Impartiality and Independence of the
Speaker ▪
Position in order of Precedence - Equivalent
Salaries and allowances are ‘charged’ on the
Consolidated Fund of India.
General-Purpose
to ‘Chief Justice of India’ (7th Position in
first instance while presiding the house. He
order of precedence (above cabinet ministers
can only vote in case of equality of votes i.e
but below Prime Minister and Deputy Prime
casting vote. This helps to maintain
Minister).
Impartiality of the Speaker.
Deputy Speaker of the Lok Sabha –
Election
Special Privilege
Removal
Provisions for
Voting
Fact to remember
Elected from amongst from the members of Lok Sabha. Election date is fixed by ‘Speaker’
(not president), in case of speaker it is President.
Whenever appointed as member of a Parliamentary Committee, he automatically becomes
its chairman.
He is removed as like the Speaker of Lok Sabha
He votes like an MP of Lok Sabha when he is not presiding, when he presides exercises a
casting vote (like the Speaker).
Deputy Speaker is not subordinate to speaker, he is directly responsible to house.
Salary and
allowance
They are “charged” on consolidated fund of India ( for both ‘Speake’r and ‘Deputy Speaker’)
Resignation
He submits his resignation to the Speaker.
Duties of the “Deputy Speaker” –
1. Acting Speaker - When the Speaker is absent
from the sitting of the House, he assumes all
the powers of the Speaker.
2. Joint Sitting – The speaker presides over the
joint sitting of ‘both’ Houses of Parliament, in
case the Speaker is absent from such a sitting.
3. Special privilege - Deputy Speaker has one
special privilege which is that , ‘whenever he is
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PARLIAMENTARY SYSTEM
appointed as a member of a parliamentary
committee, he automatically becomes its
chairman’.
4. What happens when Speaker is present?
When the Speaker presides over the House,
the Deputy Speaker is like any other ordinary
member of the House.
▪
He can speak in the House, participate in its
proceedings and vote on any question before
the House.
5. The Speaker and the Deputy Speaker, while
assuming their offices, do not make and
subscribe to any separate oath or affirmation.
7. At that time, the ‘Speaker’ and the ‘Deputy
Speaker’ were called the President and Deputy
President respectively and the
nomenclature continued till 1947.
same
Panels of Chairpersons •
Under the Rules of Lok Sabha, the Speaker
nominates from amongst the members a
panel of not more than 10 chairpersons.
•
Any of them can preside over the House in the
absence of the Speaker or the Deputy
Speaker. When presiding they have the same
powers as the Speaker.
6. The institutions of Speaker and Deputy
Speaker originated in India in 1921 under the
provisions of the Government of India Act of
1919 (Montague–Chelmsford Reforms).
•
When a member of the panel of chairpersons
is also not present, any other person as
determined by House acts as the Speaker.
Some facts related to both offices –
Origin
Central Legislative
Assembly
Vithalbhai Patel
Post-Independence
Both offices came into existence as per the provisions of the ‘Govt. Of India Act.
1919’.
1st Speaker - Fredrick white.
1st Deputy Speaker- Sachidananda Sinha
First ‘elected’ Indian speaker of central legislative assembly.
1st First Speaker - G.B. Mavlankar
Deputy Speaker - Anantha Sayanam
Iyyengar.
Speaker Pro tem - Presides over ‘1st sitting’ of newly elected Lok Sabha
Appointment
Appointed by ‘President’ of India.
Who is he?
Usually, the ‘senior most member’ is selected
Oath
By President
Comparison with the Speaker
He possesses all the powers of the Speaker
Nature
Temporary office – The office ceases to exist after the Speaker is elected.
Purpose
His ‘main’ duty is to administer ‘oath’ to the new members
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PARLIAMENTARY SYSTEM
Elected by ‘Lok Sabha’ from amongst its members
Election
Date of election is ‘fixed’ by the president
Speaker
Vacation
Resignation by the Speaker
Removal of the Speaker by a ‘resolution’
Power
Effective majority
needed
−
Maintain Order and decorum in the house
−
Speaker is the final interpreter of the provisions of constitution, Laws etc.
−
Speaker ‘adjourns’ the House or suspends the meeting in absence of a
quorum
−
he can exercise a casting vote in the case of a tie.
−
Speaker presides over a ‘joint setting’ of the two Houses of Parliament
−
Speaker is the final authority to certify a ‘money bill.’
−
Speaker can disqualify an MP under defection law.
−
He appoints the chairman of all the parliamentary committees
Provisions for Voting
When he presides exercises a casting vote (like the
Speaker).
He votes like an MP of Lok Sabha when he is not
presiding,
Removal
He is removed as like the Speaker of Lok Sabha.
Election
Elected from amongst from the members of Lok Sabha
Deputy Speaker
Salary and allowances
Special Privilege
Resignation
Salary and allowances are charged to consolidated fund
of India
Whenever appointed as member of a Parliamentary
Committee, he automatically becomes its chairman
He submits his resignation to the Speaker.
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Presiding officer in Rajya Sabha
PARLIAMENTARY SYSTEM
▪
Unlike the Speaker (who is a member of the
House), the Chairman is not a member of the
Chairman
▪
▪
The Vice - President of India is the ex-officio
▪
▪
the 1st instance. But similar to the Speaker he too
possesses a ‘casting vote’ i.e. he can cast a vote in
In his absence, the Deputy Chairman of the Rajya
case of equality of votes.
▪
The Vice-President cannot preside over a sitting of
He can be removed from his office only if he is
the Rajya Sabha as its Chairman when a resolution
removed from the office of the Vice-President.
for his removal is under consideration.
The powers and functions of the Chairman in the
Rajya Sabha are similar to those of the Speaker in
❖ He can be present and speak in the House and
can take part in its proceedings, without
the Lok Sabha.
▪
Like the Speaker, the Chairman also cannot vote in
Chairman of the Rajya Sabha.
Sabha presides over the Rajya Sabha.
▪
House.
voting.
However, the Speaker has 2 special powers which
❖ Incase of Speaker, he can vote in the 1st
instance when a resolution for his removal is
are not enjoyed by the Chairman:
❖ The Speaker decides whether a bill is a money
bill or not and his decision on this question is
under consideration of the Lok Sabha. (Reason
– Unlike the Chairman the Speaker is the
final.
member of the house).
❖ The Speaker presides over a joint sitting of the
2 houses of Parliament.
❖ If he is removed by a resolution passed by
a majority of all the members of the Rajya
Deputy Chairman
▪
Sabha.
The Deputy Chairman is elected by the Rajya Sabha
itself from amongst its members.
▪
Whenever the office of the Deputy Chairman falls
vacant, the Rajya Sabha elects another member to
fill the vacancy.
▪
❖ Such a resolution can be moved only after
giving 14 days’ advance notice.
▪
Chairman’s office when it is vacant or when the
The Deputy Chairman vacates his office in any of
Vice-President acts as President or discharges the
the following 3 cases:
❖ If he ceases to be a member of the Rajya
Sabha;
The Deputy Chairman performs the duties of the
functions of the President.
▪
He also acts as the Chairman when the latter is
absent from the sitting of the House. In both cases,
he has all the powers of the Chairman.
❖ if he resigns by writing to the Chairman;
▪
He is directly responsible to the Rajya Sabha.
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▪
PARLIAMENTARY SYSTEM
Both the ‘Chairman’ and ‘Deputy Chairman’ cannot
preside over a sitting of the House when a
However, they can be present in the proceedings
of the house.
resolution for their removal is under consideration.
Panel of Vice-Chairpersons
▪
Under the Rules of Rajya Sabha, the Chairman
nominates from amongst the members, a panel of
vice-chairpersons.
▪
vacancy Chairman duties are performed by
such member of the house as the
President appoints for the purpose.
▪
Any one of them can preside over the House in the
He/ She has the same powers as the Chairman
when so presiding.
absence of the Chairman or the Deputy Chairman.
❖ Remember, Panel of Chairperson preside
only in the case of absence, in case of
▪
He holds office until a new panel of vicechairpersons is nominated.
Leader of the House (In USA Majority Leader) –
Prime Minister
Constitutional Status
Provisions
Fact
If he is a member of the Lok Sabha, if not any minister nominated by PM
Not mentioned in the constitution.
Provisions related to it are found in the ‘Rules of the house’.
Prime Minister is ‘leader of the house’ from the house he comes from. He
‘nominates’ the leader of the house for other house.
Leader of the Opposition – (In USA it is known as “Minority leader”)
Leaders of Opposition
Qualification
Constitutional Status
Recognition
Who gives recognition
Rank
Other Facts
It is available for both “Lok Sabha” and “Rajya Sabha”
The leader of the ‘largest Opposition party’ having ‘not’ less than ‘1/10th’ seats of
the total strength of the House is recognized as the leader of the Opposition in
that house. (Mavlankar Rule)
Not mentioned in constitution.
Statutory status through the – “Salary and allowance of the opposition and
Parliament act, 1977”.
Lok Sabha – Speaker in the Lok Sabha
Rajya Sabha – Chairman in Rajya Sabha
Post is equivalent to rank of Cabinet Minister.
Similar provisions in UK and USA –
▪
Britain – Shadow cabinet (Leader of Opposition is called as alternative
Prime Minister in UK).
▪
WHIP ✓ Assistant floor leader
✓ Appointed by political party
USA – Minority leader
✓ ‘Not’ mentioned in Constitution nor in the Rules of
the House nor in a Parliamentary Statute.
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parliament
Leaders in Parliament
Leaders of the House
Rajya Sabha
Leaders of the Opposition
Lok Sabha
It is a statutory post
He is a minister or a
member of the Rajya
Sabha
And he is nominated by
the prime minister to
function as such.
PM is invariably the Leader of
the Lok Sabha
He also acts as the majority
party’s
parliamentary
chairperson.
If the PM is not a member
of Lower House, she or he
might appoint another
minister to serve as Leader
of the House.
Leader of the House
▪
In the case of Lok Sabha▪
Under the Rules of Lok Sabha the “Leader of
the house” means the Prime Minister if he is a
member of Lok Sabha.
▪
Or a member of the Lok Sabha or a minister
who by the Prime Minister to function as the
to
take
over
if
the
government falls.
He is a leader of the largest
party that has not less than
1/10th of the total strength of
the house.
He is a minister and a member of the Rajya Sabha
and is nominated by the prime minister to
function as such.
▪
In each House of Parliament, there is the Leader
of the Opposition.
▪
The ‘leader of the Opposition’ is a leader of the
largest party that has not less than 1/10th of the
total strength of the house.
In the case of Rajya Sabha▪
There is also a Leader of the House in the Rajya
Sabha.
She/he is expected to be ready
Leader of the Opposition
leader of the house.
▪
He is referred to as the
‘shadow Prime Minister’.
It is a statutory post defined in the ‘Salaries and
Allowances
of
Leaders
Parliament Act, 1977.
of
Opposition’
in
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▪
parliament
They are also entitled to the salary, allowances
and other facilities equivalent to that of a cabinet
minister.
▪
In a parliamentary system of government, the
leader of the opposition has a significant role to
play.
o
▪
Every political party, whether ruling or Opposition
has its own whip in Parliament.
▪
He is appointed by the political party to serve as
an assistant floor leader.
▪
He is charged with the responsibility of ensuring
the attendance of his party members in large
numbers and securing their support in favour of or
against a particular issue.
▪
He regulates and monitors their behaviour in
Parliament.
▪
The members are supposed to follow the
directives given by the whip. Otherwise,
His main functions are to provide ‘constructive
criticism’ of the policies of the government and
to provide an alternative government.
WHIP
▪
It is based on the conventions of the parliamentary
government.
disciplinary action can be taken.
Important to Note:
−
The offices of the leader of the House and the leader of the Opposition are not mentioned in the
Constitution of India.
−
−
They are mentioned in the Rules of the House and Parliamentary Statute respectively.
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parliament
Sessions of the Parliament
Winter Session
Budget Session
Monsoon Session
(July to September)
(February to May)
(November to December)
−
−
−
The longest session of the
Parliament
It starts towards the end
of January
This Session splits into
−
two periods (one month
−
gap)
Held in mid-November to
It is held in July to
September every year.
mid-December
−
−
It is the shortest session of
−
all.
This is after a break of two
months after the budget
session.
It takes up the matters that
could not be considered
upon earlier
−
In this session, matters of
public interest are
discussed.
Here, the members discussProvisions related to
BudgetAdjournment
Matters Concerning
taxation
It suspends the work in a ‘sitting’ for a ‘specified’ time
Done by ‘presiding’ officer.
terminating a ‘sitting’ of Parliament for an indefinite period
Adjournment sine
die
Done by ‘presiding’ officer.
Termination of
Parliamentary Sitting
Not only terminates a ‘sitting’ but also a ‘session’
It lapses all pending notices but not bills
Prorogation
Done by President
Only Lok Sabha, Rajya Sabha is never dissolved
Dissolution
All business including bills, motions, resolutions lapsed
Done by President.
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SESSION OF THE PARLIAMENT:
parliament
▪
Recess - The house between sessions is set to be
in recess.
Introduction –
▪
Session –
•
Adjournment terminates the ‘sitting’ of the
House for a specified time, which may be
hours, days or weeks.
About - It is the period spanning between the
1st sitting of a House and its prorogation (or
dissolution in the case of the Lok Sabha).
•
Adjournment
India does not have a fixed parliamentary
It is done by the ‘Presiding officer’.
▪
Adjournment Sine Die
▪
Adjournment sine die means terminating a
calendar.
•
By convention (not there in the constitution),
‘sitting’ of Parliament for an indefinite period.
▪
The power of ‘adjournment’ as well as
‘adjournment sine die’ lies with the presiding
Parliament meets for 3 sessions in a year.
•
Normally ‘3 sessions’ of the Parliament are
officer of the House.
▪
He can also call a ‘sitting’ of the House before the
held – 1) Budget, 2) Monsoon, 3) Winter
date or time to which it has been adjourned or at
any time after the House has been adjourned sine
session.
Sitting –
•
die.
Prorogation
Session of Parliament consists of many
meetings (Everyday meetings).
The ‘Presiding officer’ (Speaker or Chairman)
▪
declares the House ‘adjourned sine die’, when
•
Each meeting of a day consists of 2 sittings.
(Morning Sitting, Post Lunch sitting).
the business of a session is completed.
▪
Within the next few days, the ‘President’ issues
Summoning
o
o
o
The summoning of Parliament is specified in
Article 85 of the Constitution.
notification for the prorogation of the session.
▪
However, the President can also ‘prorogue’ the
House while in session.
Summoning is the process of calling all
members of the Parliament to meet.
The ‘President’ summons each House of the
Dissolution
▪
A dissolution ends the very life of the existing
House, and a constituted after general elections
are held. 2 ways of dissolution-
Parliament from time to time.
o
The gap between the 2 sessions of the
Parliament cannot exceed 6 months.
❖ It means the Parliament meets at least
2 times in a year.
o
Automatic Dissolution −
On the expiry of its tenure of 5 years.
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parliament
− Or the terms as extended during a national
emergency.
•
▪
Only the ‘Lok Sabha’ is subject to dissolution.
When the President decides to dissolve the
house, which is he is authorised to do. Once
Special Cases of dissolution:
Lok Sabha is dissolved before the completion
▪
of tenure it is irrevocable.
o
When the Lok Sabha is dissolved, all business
including bills, motions, resolutions, notices,
petitions and so on pending before it or its
committees lapse.
Rajya Sabha, being a ‘permanent’ House, is not
subject to dissolution.
Dissolution
Situation of bills
Lapse
−
All pending bills which originated in
Doesn’t Lapse
−
Lok Sabha + are present in Lok
Sabha, lapse.
−
−
A bill pending in the Lok Sabha
lapses (whether originating in the Lok
Sabha or transmitted to it by the
Rajya Sabha).
A bill passed by the Lok Sabha but
pending in the Rajya Sabha lapses.
▪ Quorum -
A bill originated and pending in Rajya
Sabha does not lapse.
−
A bill passed by both houses and
pending with ‘President’ does not
lapse.
−
A bill sent for ‘reconsideration’ by
president does not lapse.
−
A bill for which a joint sitting has
been notified does not lapse.
o
Fact - It is ‘1/10th’ of the total number of
members in each house including the Presiding
o
officer. (For ‘Lok Sabha’ – it is 55 members
Meaning - ‘Minimum number of members’
required to be present in the House before it
can transact any business.
and for ‘Rajya Sabha’ it is 25 members).
o
Course of Action when no Quorum - It is the
duty of the ‘presiding’ officer either to
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parliament
❖ Decision – Speaker takes the decision
‘adjourn’ the House or to ‘suspend’ the
meeting until there is a quorum.
▪
by saying ‘The Ayes (or the Noes, as
Lame-duck Session – Last session of the existing
the case may be) have it’
Lok Sabha, after a new Lok Sabha has been
elected.
❖ Thus, the question before the House is
determined (after the decision of the
Speaker).
Voting in the house •
❖ The procedure ‘continues’
All matters at any sitting (of either house or
Speaker decision is challenged –
Joint Sitting of ‘both’ houses) are decided by
❖ Speaker orders the lobby to be
a majority of votes of the members present
cleared. (3 and half minute lapses)
and voting, ‘excluding’ the presiding officer
(Only casting vote in case of equality of votes).
•
❖ Voice voting procedure is repeated,
and Speaker again gives his opinion.
Usually, ‘ordinary majority’ is used and only
for a few cases which are especially mentioned
❖ Decision – Challenged (again) - the
in the constitution ‘special majority’ is used-
procedure continues.
Impeachment of President, Amendment of
Constitution etc.
if the
✓ Following ‘options’ lie before the Speaker -
Procedure for Voting -
❖ Automatic vote recorder
❖ After ‘conclusion of a debate’
-
Speaker puts the question for ‘voting.’
❖ Voice Voting – ‘Ayes’ – is said by
❖ ‘Aye’ and ‘No’ Slips in the House
❖ Members going into the Lobbies.
those who are in favour of the motion
❖ Speaker can ask members to rise in their
and ‘No’ – by those who do not favor
places (those in favour and against) and,
the motion.
after a count has been taken gives his decision
❖ Opinion –
(this he usually does when he feels the
opinion in favour of ‘Ayes’ or ‘Noes’.
(Based on who feels is more as it is
voice vote)
❖ If
the
division is unnecessarily being claimed).
Speaker then gives his
speaker
− In the above case (last one) the names of the voters
shall ‘not’ be recorded.
Language in the Parliament –
opinion
is
not
challenged, then he gives his decision.
•
Constitutional Provision - Constitution has
declared ‘Hindi’ and ‘English’ to be the
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languages for transacting business in the
•
Parliament.
•
Official Languages Act
(1963)
allowed
English to be continued along with Hindi.
English was to be ‘discontinued’ as a ‘floor
•
What about other languages? - A member
language’ after the expiry of 15 years from
can address the House in his ‘mother-tongue’
the commencement of the Constitution.
with ‘prior permission’ from the Presiding
office
−
In addition to this, there is a provision for Special Session in the Constitution as well.
−
In this case, it can be convened by the President on the recommendations of the Council of
Ministers.
−
In another case, if the Lok Sabha is not in session, not less than 1/10 of the members can, on
prior notice of 14 days, write to the President for convening a session for the revoking of
national emergency under Article 352.
−
The Council of Members does not play any role in it.
DEVICES OF PARLIAMENTARY
PROCEEDINGS
▪
The questions are of 3 kinds, namely, starred, unstarred and short notice:
o
Question Hour
▪
▪
A starred question (distinguished by an
asterisk*) requires an ‘oral answer’ and hence
st
Normally, the 1 hour of the business of a House
every day is devoted to questions and is called
question hour, which is 11.00 A.M. to 12.00 Noon.
supplementary questions can follow.
o
An unstarred question, on the other hand,
requires a written answer and hence,
supplementary questions cannot follow.
o
A short notice question is one that is asked by
giving a notice of less than 10 days. It is
During this time, the members (of Parliament) ask
questions and the ministers (Executive) usually
give answers.
answered orally.
Question Hour
Starred question
Oral answer
Unstarred Question
question
Short notice question
Written answer
Notice of less than ten days
Purpose
Members (of Parliament) ask questions and the ministers
(Executive) give answers.
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▪
Zero Hour
▪
▪
Zero hour is not mentioned under the Rules of
procedure of Parliament.
It is the period that follows the question hour
when members raise any issue of public
importance on very short notice or without notice.
Normally it is 12:00 hours.
‘Informal’ device- Normally it is 12:00 hours.
It is an ‘informal device’ available to the members
of the Parliament to raise matters without any
prior notice.
▪
The Zero hour starts immediately after the
question hour and lasts until the agenda for the
day (ie regular business of the House) is taken up.
▪
It is an Indian innovation in the field of
parliamentary procedures and has been in
existence since 1962.
‘Not’ mentioned in the ‘Rules of Procedure’
Nature
Procedure
Zero Hour
Time
It starts ‘immediately’ after the question hour
Prior notice
‘No’ prior notice is required to raise issues.
the President or removal of the Chief
Election Commissioner.
Motions
▪
Definition – It is a procedural device to start
❖ Substitute Motion: It is a motion that is
‘discussion’ in the House on a matter of
moved in substitution of an ‘original
motion’ and proposes an alternative to it.
general public interest. (The below diagram is
If adopted by the House, it supersedes the
original motion.
to give you a ‘broad understanding’ on a
motion)
▪
❖ Subsidiary Motion: It is a motion that, by
itself, has no meaning and cannot state the
decision of the House without reference to
the ‘original motion’ or ‘proceedings of the
Purpose - It can be understood as a proposal
submitted to the House for eliciting its decision
▪
The motions moved by the members to raise
discussions on various matters fall into 3
principal categories –
❖ Substantive Motion: It is a ‘self-contained’
independent proposal dealing with a very
important matter like the impeachment of
House’. It is divided into 3 sub-categories –
−
Ancillary Motion: It is used as the regular
way of proceeding with various kinds of
business.
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−
−
Superseding Motion: It is moved in the
parliament
Privilege Motion
course of a debate on another issue and
seeks to supersede that issue.
▪
It is concerned with the breach of parliamentary
privileges by a minister.
Amendment: It seeks to modify or
▪
This motion is moved by a member if he feels, that
a minister has committed a ‘breach of privilege’
substitute only a part of the original
motion.
Closure Motion
▪
It is a motion moved by a member to cut short the
debate on a matter before the House.
▪
If the motion is approved by the House, debate is
stopped forthwith and the matter is put to vote.
▪
There are 4 kinds of closure motions:
o
of the house or one or more of its members are
withholding facts of a case or giving a distorted
version of facts.
▪
Calling Attention Motion
▪
It is introduced in the Parliament by a member to
call the attention of a minister to a matter of
urgent public importance, and to seek an
authoritative statement from him on that matter.
▪
Like the zero hour, it is also an Indian innovation
in the parliamentary procedure and has been in
existence since 1954.
▪
However, unlike the zero hour, it is mentioned in
the Rules of Procedure.
Simple Closure: It is one when a member
moves that the ‘matter has been sufficiently
discussed be now put to vote’.
o
Its purpose is to censure the concerned minister.
Closure by Compartments: In this case, the
clauses of a bill or a lengthy resolution are
grouped into parts before the commencement
of the debate. The debate covers the part as a
No-Confidence Motion
whole and the entire part is put to vote.
▪
As per the ‘provisions of the Constitution’ (Article
75), the Council of Ministers remains in office only
o
o
Kangaroo Closure: Under this type, only
so long as it enjoys the ‘majority support’ or the
important clauses are taken up for debate and
voting and the intervening clauses are skipped
over and taken as passed.
‘confidence in the Lok Sabha’.
▪
Once it loses the confidence of the House, it is
bound to resign with immediate effect.
▪
The ‘Rules of Parliamentary procedure’ provide
Guillotine Closure: It is one when the
undiscussed clauses of a bill or a resolution are
also put to vote along with the discussed ones
due to want of time (as the time allotted for the
discussion is over).
for moving a motion to ensure whether the
Council of Ministers enjoys the confidence or not.
▪
The motion of this nature can be introduced only
in Lok Sabha.
▪
No confidence motion can be moved only against
the ‘Council of Ministers’ and not against any
individual minister.
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Enforces the provision of
‘collective responsibility’
It is moved against the ‘entire
council of ministers’.
Purpose
Target
Reason
Impact
If it is passed government shall
resign.
No reason is necessary, can be
introduced by any member
‘First’ ever ‘no confidence motion’
Year – 1963 (Acharya Kriplani)
Maximum number’ of ‘No confidence motion’
Indira Gandhi
faced
‘Total number’ of ‘No confidence motion’ since
27
Independence
Recent ‘no confidence motion’
Narendra Modi Government (Defeated the motion)
PM who resigned due to ‘no confidence
Morarji Desai
motion
Adjournment Motion
▪
▪
It is introduced in the Parliament to draw the
attention of the House to a definite matter of
urgent public importance and needs the support
of 50 members to be admitted.
As it interrupts the normal business of the House,
it is regarded as an extraordinary device.
▪
It involves an element of censure against the
government and hence, it is permitted only in the
“Lok Sabha, remember that Rajya Sabha is not
permitted to make use of this device.
▪
The discussion on an adjournment motion should
last for not less than two hours and thirty minutes.
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parliament
−
Objective
Adjournment
Motion -
It seeks to bring a matter of urgent ‘public
importance’ to attention of the ‘house’.
−
Support
It needs the support of ‘50 members’ to be
admitted
−
Should
Should raise a matter which is ‘definite’,
‘factual’, ‘urgent’ and of ‘recent’ occurrence.
Should not deal with ‘privileges’, ‘matters in court’
Should not
or ‘review of completed discussion’ of the same
session.
Censure Motion
▪
▪
A Censure Motion can be moved in the Lok Sabha
and it should state the reason for its adoption in
the Lok Sabha (unlike no – confidence motion).
▪
It is moved for censuring the council of Ministers
for specific policies and actions.
▪
If it is passed in the Lok Sabha, the council of
Ministers need not resign from the office.
It can be brought against ‘Individual Ministers’ or
‘group of Ministers’ or the ‘entire council of
Ministers’.
Reasons need to be stated.
Reason
Target
Impact
Against ‘individual’ or ‘group of ministers’
Passing can an invite ‘no confidence motion’
▪
It is discussed in both the Houses of Parliament on
a motion called the Motion of Thanks.
The 1st session after each general election and the
1st session of every fiscal year is addressed by the
president.
▪
This motion must be passed in the House
otherwise, it amounts to the defeat of the govt
and leads to collapse of govt.
This speech is a statement of the government
policy and is approved by the cabinet.
▪
This inaugural speech of the president is an
occasion available to the members of Parliament
Motion of Thanks
▪
▪
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to raise discussions and debates to examine and
criticize the government and administration for its
lapses and failures.
▪
proceedings of the House do not follow the
normal rules of procedure.
▪
No-Day-Yet-Named Motion
▪
It is a motion that has been admitted by the
Speaker but no date has been fixed for its
discussion.
▪
The Speaker, after considering the state of
business in the House and in consultation with the
leader of the House or on the recommendation of
the Business Advisory Committee, allots a day or
days or part of a day for the discussion of such a
motion.
A member can raise a ‘point of order’ when the
A point of order should relate to the
‘interpretation’ or ‘enforcement’ of the Rules of
the House or such articles of the Constitution that
regulate the business of the House and should
raise a question that is within the cognizance of
the Speaker.
▪
It is usually raised by an opposition member in
order to control the government.
▪
An extraordinary device as it suspends the
proceedings before the House.
▪
No debate is allowed on a point of order.
Point of Order
It relates to the ‘interpretation’ or ‘enforcement’
Objective
Point of
Order
of the rules of the house
It is a device to discipline and bring order to the
house.
Purpose
No debate is allowed
Provisions
It is usually raised by an opposition member
Half-an-Hour Discussion
▪
It is meant for discussing a matter of sufficient
public importance, which has been subjected to a
lot of debate and the answer to which needs
elucidation on matter of fact.
▪
The Speaker can allot 3 days in a week for such
discussions.
▪
There is no formal motion or voting before the
House.
Short Duration Discussion
▪
It is also known as two-hour discussion as the time
allotted for such a discussion should not exceed
two hours.
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▪
parliament
The members of the Parliament can raise such
discussions on a matter of urgent public
importance.
minister). It is discussed only on alternate
Fridays and in the afternoon sitting.
o
▪
▪
▪
The Speaker can allot two days in a week for such
discussions.
moved by a minister. It can be taken up any day
from Monday to Thursday.
There is neither a formal motion before the house
nor voting.
o
called because it is always tabled in pursuance
of a provision in the Constitution or an Act of
Parliament.
This device has been in existence since 1953.
▪
▪
A matter which is not a point of order or which
cannot be raised during question hour, half-an
hour discussion, short duration discussion or
under adjournment motion, calling attention
notice or under any rule of the House can be
raised under the special mention in the Rajya
Sabha.
Its equivalent procedural device in the Lok Sabha
is known as Notice (Mention) Under Rule 377‘.
▪
vote.
▪
Resolutions are classified into 3 categories:
o
are
Youth Parliament
▪
The discussion on a resolution is strictly relevant
to and within the scope of the resolution.
A member who has moved a resolution or
amendment to a resolution cannot withdraw the
same except by leave of the House.
In contrast all ‘resolution’
‘substantive’ and needed to be put to ‘vote’.
The members can move resolutions to draw the
attention of the House or the government to
matters of general public interest.
▪
Different from Motion – All motions are not
substantive, nor all motions need to be put to
Resolutions
▪
Statutory Resolution: It can be moved either
by a private member or a minister. It is so-
Special Mention
▪
Government Resolution: It is one that is
The scheme of Youth Parliament was started on
the recommendation of the Fourth All India Whips
Conference. Its objectives are:
o
to acquaint the younger generations with
practices and procedures of Parliament;
o
to imbibe the spirit of discipline and tolerance
cultivating character in the minds of youth
and
o
to inculcate in the student community the
basic values of democracy and to enable them
to acquire a proper perspective on the
functioning of democratic institutions.
▪
The ministry of parliamentary affairs provides
necessary training and encouragement to the
states in introducing the scheme.
▪
The procedure is similar and identical in ‘both’
Private Member’s Resolution: It is one that is
moved by a private member (other than a
LEGISLATIVE PROCEDURE IN THE PARLIAMENT
▪
Articles 107 to 122 of the Constitution deal with
the legislative procedure with reference to the
passing of the Bills in the Parliament.
houses and the bills have to pass through the
same stages in each House.
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Articles
Article 107
Article 108
Article 109
Article 110
Article 111
Article 112
Article 113
Article 114
Article 115
Article 116
Article 117
parliament
Provisions
−
−
−
−
−
−
−
−
−
−
−
Provisions as to introduction and passing of bills
Joint sitting of both Houses in certain cases
Special procedure in respect of money bills
Definition of Money bills
Assent to bills
Annual financial statement
Procedure in Parliament with respect to estimates
Appropriation bills
Supplementary, additional excess grants
Votes on account, votes of credit and exceptional grants
Special provisions as to financial bills
•
Bill introduced in the Parliament are of 2 types –
▪
Public Bills
▪
Private bills.
Money bills – are concerned with ‘Financial
matters’ like Taxation, public expenditure etc.
•
Financial bills – which are concerned with
‘Financial matters’ (but are different from
Bills may be classified under 4 heads viz,
•
money bills)
Ordinary bills – Concerned matters with
matter other than any matter other than
Financial Bills.
•
Constitutional Amendment Bills – which are
concerned with the amendment of the
‘provisions of the constitution’.
Comparison
Public bill
Private bill
Introduction
By Minister
Other than a Minister
Notice Period
7 days
30 days
Approval chance
Greater chance
Lesser chance
Implications
Rejection – Want of Parliamentary
Rejection – No Implication
confidence.
Assistance
Concerned Departmental assistance
No Assistance
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parliament
Stages of Bills
1st House
‘Either’ house of Parliament
Bill Published in the ‘official gazette’
First Reading
Introduction
By a ‘Minister’ or ‘any other member’
Final Acceptance or Rejection
Third Reading
No discussion takes place at this
stage.
General Discussions takes place
Second Reading
After being passe in the 1st house
2nd House
Committee Stage, Consideration
Pass the bill (without amendment)
After consideration the 2nd house
has the ‘following’ alternatives
Bill is passed if
Reject the bill.
Keep the bill pending without taking
any action.
Pass the bill (with amendment) and send
to the 1st house for reconsideration.
2nd house passes with no amendment
1st house accepts the bill passed with amendment.
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2nd house rejects the bill
Deadlock occurs if
2nd house doesn’t take any action for 6 months
1st house rejects amendments proposed by the 2nd
The different stages in the legislative procedure in
Parliament relating to ‘Ordinary bills’ are as follows:
2nd reading:
▪
In this stage, the bill is discussed thoroughly, a
detailed scrutiny takes place and it assumes its
final shape.
▪
The 2nd reading is divided into 3 sub - stages.
st
Bill in the 1 House
Introduction
▪
▪
▪
st
The 1 stage of legislation is the ‘Introduction of a
Bill’ embodying the provisions of the proposed
o
General discussion
law, accompanied by the statement of objects and
Reasons.
o
Committee stage
o
Consideration stage
If a private member wishes to introduce a Bill, he
must give 1 month's notice of his intention to
introduce the Bill.
▪
Stage of General discussion – Printed copies are
given to all members. A general discussion is held,
but the details of bills are not discussed. Any 4
Usually, the introduction of a Private Members'
Bill is not opposed and the request is generally
granted by the House.
actions can be taken by the house
o
the Bill may be taken into consideration at
once or some other fixed date.
o
the Bill may be referred to a ‘Select
1st reading:
▪
The ‘Introduction of the Bill’ and its ‘publication’
Committee’ of the House (where the bill
in the Gazette constitute the 1st Reading of the Bill.
▪
▪
originated),
It can be introduced in either house of the
Parliament i.e the ‘Lok Sabha’ and ‘Rajya Sabha’.
o
The introduction of the bill is done after taking the
leave of the house. The mover introduces it by
o
the Bill may be circulated for the purpose of
‘eliciting public opinion’ on it.
▪
Committee stage –
o
The usual practice is to refer the bill to ‘Select
Committee’ of both houses and
reading its titles and objectives.
▪
No discussion takes place at this stage.
▪
Later, the bill is published in the Gazette of India.
If the bill is published is Gazette before it has been
introduced, leave of the house is not needed to
introduce the bill.
the Bill may be referred to the ‘Joint
committee’ of the house.
▪
If the Bill is referred to the ‘Select Committee’ or
‘Joint Committee’, It is expected to give a report
within a specified period-
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▪
The Committee considers the Bill in detail, every
clause under the bill is considered.
▪
Amendment to the provisions can be also be
done, without altering the principles underlying it.
▪
The Committee submits its report to the House.
▪
. Consideration stage –
•
•
parliament
▪
1st Case:
o
case, the Bill will be deemed to have been
passed by both Houses;
▪
2nd Case:
o
It may pass the Bill with amendments. In this
case, the Bill will be returned to the 1st house
for consideration.
After receiving the bill from the select
committee the provision of bill are taken
up for consideration.
Each clause is placed before the House for
discussion and amendments may be
moved. If amendment is accepted it
o
If the 1st House accepts the Bill as amended by
the other House, it will be deemed to have
been passed by both Houses.
o
However, if the 1st House does not agree to the
amendments made by the other House, the
President may summon a ‘joint sitting’ to
becomes part of the bill.
resolve the deadlock (Article 108);
3rd reading:
▪
The 3rd reading is the final reading.
▪
The debate is confined to the ‘acceptance’ or
▪
3rd Case:
o
After the Bill has been accepted by the House (by
It may reject the Bill altogether. Then the
President may summon a joint sitting to
resolve the deadlock (Article 108);
‘rejection’ of the Bill.
▪
It may pass the Bill with no amendment. In that
▪
4th Case:
simple majority) in the Third Reading. It is deemed
to have been passed by the House.
▪
o
It may take no action on the Bill by keeping it
lying on its table.
o
In such a case, more than 6 months lapse from
the date of reception of the Bill, then it is
deemed that there is a ‘deadlock’ between the
After being passed with ‘Simple majority’ in the
1st house (Lok Sabha or Rajya Sabha), bill is
authenticated by the ‘Presiding officer’ and
transmitted to the 2nd house (Lok Sabha or Rajya
Houses.
Sabha).
o
Bill in the 2nd House
After passing the bill from the 1st house, it is then
transmitted to the other House where it has to
pass through the same process.
The other House has 4 alternatives before it. These
are:
In this situation, the President may summon a
joint sitting of the Parliament.
President's assent
▪
Every bill after being passed by both Houses of
Parliament either singly or at a joint sitting is
presented to the president for his assent.
▪
There are three alternatives before the president:
o
he may give his assent to the bill; or
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parliament
o
he may withhold his assent to the bill; or
o
he may return the bill for ‘reconsideration’ of
the Houses.
▪
▪
▪
o
Any matter incidental to any of the matter
specified above.
Who decides a bill as a money bill?
If the president gives his assent to the bill, the bill
becomes an act and is placed in the Statute Book.
If the President withholds his assent to the bill, it
ends and does not become an act. (absolute veto)
If the President returns the bill for reconsideration
and if it is passed by both the Houses again with
or without amendments and presented to the
President for his assent, the president must give
his assent to the bill. Thus, the President enjoys
▪
If any question arises whether a Bill is a ‘money
Bill’ or not, the decision of the Speaker of the Lok
Sabha is final.
▪
His decision in this respect cannot be questioned
in a Court of law, or by either House of Parliament
or by the President.
Introduction:
▪
A Money Bill cannot be introduced in the Rajya
Sabha (Article 109).
Special procedure in case of Money and Financial
bills
▪
This means it can be introduced only in the ‘Lok
Money Bill:
▪
It cannot be introduced without
‘recommendation of the President’.
▪
After it is passed by the Lok Sabha, it is transmitted
to the Rajya Sabha with the endorsement of the
Speaker that it is a Money Bill, for its
recommendations.
only a ‘suspensive veto’.
▪
Money Bill under Article 110 of the Constitution,
a Bill is deemed to be a ‘Money Bill’ if, it
Sabha’.
exclusively deals with any or all of the following
matters o
the
‘imposition’,
‘abolition’,
‘remission’,
‘alteration’ or ‘regulation’ of any tax
o
the regulation of borrowing of money by the
Government;
o
the custody of the ‘Consolidated Fund’ or the
Role of Rajya Sabha:
▪
the appropriation of money out of the
‘Consolidated Fund of India’;
o
the declaring of any expenditure to be
expenditure charged on the ‘Consolidated
Fund of India’ or the increasing of the amount
▪
the receipt of money on account of the
‘Consolidated fund of India’ or ‘Public account
of India’ or the ‘custody’ or ‘issues’ of such
money or audit of accounts of Union or States.
Has only a ‘recommendatory’ role to play in the
passing of a Money Bill.
▪
After receiving a Money Bill from the Lok Sabha,
the Rajya Sabha within a period of 14 days must
return the Bill to the Lok Sabha with or without
any recommendations.
▪
The Lok Sabha ‘may’ or ‘may not’ accept any or all
the recommendations of the Rajya Sabha.
of any such expenditure;
o
The Rajya Sabha cannot ‘reject’ or ‘amend’ a
Money Bill by virtue of its own powers.
‘Contingency Fund’ of India
o
the
Role of President:
▪
After a Money Bill is passed by Parliament, with
the endorsement of the Speaker that it is a Money
Bill, it is presented to the President for his assent.
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▪
parliament
The President cannot send back a Money Bill for
the reconsideration of Parliament; he shall give his
assent to the money bill.
o
▪
Financial bills (II) — Article 117 (3)
All ‘money bills’ are ‘financial bills’ but all ‘financial
bills’ are not ‘money bills’.
Financial Bill
▪
▪
Financial bills are those bills that deal with fiscal
matters, that is, revenue or expenditure.
▪
Financial bills are of 3 kinds:
contain exclusively those matters which are
mentioned in Article 110 of the Constitution.
▪
o
Money bills — Article 110
o
Financial bills (I) — Article 117 (1)
Only those financial bills are ‘money bills’ that
These are also certified by the Speaker of Lok
Sabha as money bills.
Fiscal matters, that is, revenue or expenditure.
Financial Bills
Deals with
Financial Bills (I)
Article 117 (1)
A bill that contains matters of Articles 110 + other
matters of general legislation
It can be introduced in ‘Lok Sabha’ with ‘prior
recommendation’ of President
Financial Bills (II)
Article 117 (3)
contains the provision involving expenditure from
‘consolidation fund of India’
It doesn’t include any matters mentioned under
article 110.
Financial Bills (I) - Article 117 (1)
▪
It contains not only any or all the matters
mentioned in Article 110 but also other matters of
general legislation.
▪
A bill that contains a borrowing clause, but does
not exclusively deal with borrowing.
▪
In two respects, a financial bill (I) is similar to a
money bill:
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▪
o
both of them can be introduced only in the
‘Lok Sabha’ and not in the ‘Rajya Sabha’, and
o
both of them can be introduced only on the
recommendation of the president.
parliament
▪
It is treated as an ordinary bill and in all respects,
it is governed by the same legislative procedure
which is applicable to an ordinary bill.
▪
Financial bill (II) can be introduced in either House
of Parliament and the recommendation of the
President is not necessary for its introduction but
it is required at consideration stage.
In all other respects, a financial bill (I) is governed
by the same legislative procedure applicable to an
ordinary bill.
▪
▪
Hence, it can be either ‘rejected’ or ‘amended’ by
It can be either ‘rejected’ or ‘amended’ by either
House of Parliament.
the Rajya Sabha
o
▪
Except that an amendment other than for
reduction or abolition of a tax cannot be
moved in either House without the
‘recommendation of the President’.
In case of a disagreement between the 2 Houses
over such a bill, the president can summon a joint
sitting of the 2 houses to resolve the deadlock.
Financial Bills (II) - Article 117 (3)
▪
Contains provisions involving expenditure from
the Consolidated Fund of India, but does not
include any of the matters mentioned in Article
110.
▪
In case of a disagreement between the 2 houses
over such a bill, the President can summon a joint
sitting of the two Houses to resolve the deadlock.
Special Procedure in the case of joint sitting of
the Parliament
▪
Article 108 of the Constitution deals with the Joint
session of the Parliament.
▪
Join sitting summons only to resolve a deadlock
between the two Houses over the passage of a bill.
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parliament
if the bill is rejected by the other House;
Deadlock
Reasons
2nd house doesn’t take any action for 6 months
1st house rejects amendments proposed.
President can summon a
joint sitting
Joint Sitting
Who can
Preside?
Deputy Speaker
Speaker
Absence
Majority Needed
Deputy Chairman
Absence
Such other person as may be
determined by the members
present at the joint sitting
It is passed by ‘simple majority’ of joint sitting.
Bill Passed
Dowry Prohibition Act,1960
Banking Service commission bill,1977
Prevention of Terrorism bill, 2002.
by the other House without the bill
being passed by it.
Joint Sitting ▪
▪
Joint sitting is a piece of extraordinary
machinery provided by the Constitution to
resolve a deadlock between the 2 houses over
the passage of a bill.
A deadlock is deemed to have taken place
under any one of the following 3 situations
after a bill has been passed by one House and
▪
deliberating and voting on the bill.
▪
The Speaker of Lok Sabha presides over a joint
sitting of the two Houses and the Deputy Speaker,
in his absence.
▪
If the Deputy Speaker is also absent from a joint
sitting, the Deputy Chairman of Rajya Sabha
presides.
▪
If he is also absent, such other person as may be
determined by the members present at the joint
sitting presides over the meeting.
transmitted to the other House –
❖ If the bill is rejected by the other
House;
❖ If the Houses have disagree as to the
amendments to be made in the bill; or
❖ If more than 6 months have elapsed
from the date of the receipt of the bill
In the above 3 situations, the president can
summon a ’joint sitting’ for the purpose of
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▪
parliament
The Chairman of Rajya Sabha does not preside
over a joint sitting as he is not a member of either
House of Parliament.
▪
Since 1950, the provision regarding the joint
sitting of the two Houses has been invoked only
thrice.
o
Dowry Prohibition Bill, 1960: As the Lok Sabha
did not agree to the amendments made by the
Rajya Sabha, a joint session was held on May 6,
1961.
▪
o
Banking Service Commission (Repeal) Bill,
1977: The Rajya Sabha rejected the bill after it
is passed in the Lok Sabha. A joint Sitting was
held on May 16, 1978.
o
Prevention of Terrorism Bill, 2002: The bill was
passed by the Lok Sabha but, rejected by the
Upper House. A joint sitting was held on March
26, 2002.
It must be noted here that the provision of joint sitting is applicable to ordinary bills or financial bills only
and not to money bills or Constitutional amendment bills.
If the bill (under dispute) has already lapsed due to the dissolution of the Lok Sabha, no joint sitting can
▪
be summoned.
▪
But, the joint sitting can be held if the Lok Sabha is dissolved after the President has notified his intention
to summon such a sitting (as the bill does not lapse in this case).
▪
After the President notifies his intention to summon a joint sitting of the two Houses, none of the Houses
can proceed further with the bill.
▪
The Constitution has specified that at a joint sitting, new amendments to the bill cannot be proposed
except in two cases:
o
those amendments that have caused final disagreement between the Houses; and
o
those amendments that might have become necessary due to the delay in the passage of the bill.
The Budget
▪
3. To ‘withdraw’ money from the ‘consolidated
Constitution refers to the budget as ‘Annual
fund
of
India’
‘Appropriation
bill.’
(Appropriation by law) needs to be passed.
financial statement.’
▪
Constitutional ‘Article’ dealing with ‘Annual
financial statement’ - ‘Article 112.’
authority of law – (Finance bill is passed).
Constitutional Provisions related to Budget 1. President –
Lays before both ‘houses of
Parliament’ the ‘Annual financial statement’.
2. To
make
demand
for
grants
4. Tax can be levied and collected ‘only’ via
‘Prior
recommendation’ of the President. Is needed.
5. Parliament can ‘reduce’ or ‘abolish’ a tax. But it
‘cannot’ increase it.
6. Money bill or Finance bill dealing with taxation
–
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parliament
❖ It can be introduced ‘only’ in the Lok
Rajya Sabha, ‘Speaker’ and ‘Deputy Speaker’ of
Sabha. 2) Prior recommendation of the
the Lok Sabha, ‘Judges’ of Supreme Court,
President is needed.
Judges
‘Exclusive’ privilege of the Lok Sabha
Expenditure is of ‘2 types’ – 1) Expenditure
‘charged’ upon the India (NON-VOTABLE) 2)
The
expenditure
‘made’
from
Budget ‘shall’ (this means compulsorily)
courts
(only
pension),
and pensions of the persons serving in these
offices).
the
Consolidated Fund of India. (VOTED).
▪
high
Comptroller and Auditor General of India,
Union
Public
Service
Commission,
Administrative expenses of the Supreme
Court, office of the Comptroller and Auditor
General of India and the Union Public Service
Commission. (including the salaries, allowances
❖ Voting on demand for Grants –
▪
of
▪
‘Debt charges’ for which the Government of
India is liable.
distinguish expenditure on ‘revenue account’
from other expenditure.
▪
Any sum required to ‘satisfy’ any judgement,
decree or award of any court or arbitral
tribunal.
List of ‘Charged expenditure’ on the
‘Consolidated Fund of India.’ ▪
‘Expenditure’
related to
–
▪
President,
‘Chairman’ and ‘Deputy Chairman’ of the
Presentation of the
Budget
General Discussion
Any other expenditure ‘declared’ by the
Parliament to be charged on ‘Consolidated
Fund of India’.
Budget is presented on 1st February
‘Finance minister’ presents the ‘General Budget’
Only discussion takes place
No motion is moved or submitted in the house.
‘Departmental standing committees’ of Parliament examine
Scrutiny by
departmental
committees
Discuss in detail the demands for grants of the ministers.
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parliament
Voting of demands for grants is the exclusive privilege of LS
Voting on demand for
Grants
Discuss in detail the demands for grants of the ministers.
Appropriation bill’ is presented
Passing of
Appropriation bill
Objective: To take money out of consolidated fund of India
It consists of revenues (taxes of the government)
Passing of finance
bill
Last stage of the Budget.
Needs to be passed within 75 days
Presentation of Budget
▪
▪
Budget is presented on 1st February.
▪
24 ‘departmental standing committees’ of
The ‘finance minister’ presents the ‘General
Parliament examine and discuss in detail the
demands for grants of the concerned
Budget’ with a speech known as the ‘budget
ministers.
speech’.
▪
Scrutiny by departmental committees -
After the budget speech in the Lok Sabha -
Voting on demand for Grants ▪
Budget is laid before the ‘Rajya Sabha’
Exclusive privilege of Lok Sabha - The voting of
demands for grants is the exclusive privilege of
the Lok Sabha and not of Rajya Sabha.
▪
Rajya Sabha can ‘only’ discuss it and has no
power to vote on the demand for grants.
▪
‘Charged expenditure’ on the Consolidated
Fund of India can only be ‘discussed’.
General Discussion –
▪
Each demand is voted separately by the Lok
Sabha.
▪
Only discussion takes place no motion is
moved or submitted in the house.
▪
Members can also move to reduce any
demand for grants (through cut motions)
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▪
parliament
But increase or upward revisions of estimates
are not permissible.
▪
Cut motions are moved to bring ‘moral
pressure’ on the executive (rarely passed as it
would amount to want of parliamentary
confidence).
▪
Articles 113 and 114 provide for the presentation of various kinds of demands for grants by the Parliament.
Grant or Budget
Reason
Supplementary grant
When amount granted for a particular services is found to be
insufficient.
Additional grant
Additional expenditure upon new service
Excess grant
When money has been spent more than the amount granted.
Token Grant
To make appropriation from one service to other
Vote on Credit
To meet an unexpected demand
Vote on account
Budget for less than an year
‘Appropriation bill’
▪
It is presented to take money out of
‘consolidated fund of India’.
‘Finance bill’
It consists of revenues (taxes of the government).
Last stage of the Budget. Needs to be passed
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parliament
within 75 days (Provisional Collection of Taxes Act
of 1931).
Funds
Fund
Article
Custody
Consolidated Fund of 266
India
Parliament
Public Account of India 266
Executive
Objective
−
Revenues (Tax & Non-Tax), Treasury Bills,
Ways and means advances
−
All other public money received by govt
(other than that goes to consolidated fund)
Ex: PF, Post Office Savings etc,
Contingency Fund of 267
India
President(held
−
by finance
secretary on his
behalf).
To meet emergency expenditure fund size is
determined by the parliament.
Consolidated Fund of India –
▪
It is a fund under which ‘receipts’ are credited
▪
i.e.
and all payments are debited i.e.
2. All money received by the Government when
repayment of loans forms the consolidated
▪
▪
▪
Public Account of India –
government
received
Into this the amount determined by law is paid
Fund is placed at the disposal of the President
and he can take advances from it to meet
unforeseen
by
(other than that goes to
consolidated fund) Ex: PF, Post Office Savings
etc.
The constitution authorised the Parliament to
time to time.
accordance with a law of Parliament.
money
without
India act, 1950).
No money can be taken out of except in
public
made
(Parliament enacted the contingency fund of
the Government are made from this fund.
other
be
establish a ‘contingency fund of India’
3. All legally authorised payment on behalf of
All
can
Contingency Fund of India –
fund of India.
▪
payments
parliamentary appropriation.
1. All loans which are raised by the Government.
▪
This account is operated by executive action
expenditure
(pending
authorisation from the Parliament).
▪
The fund is held by Finance secretary on behalf
of the Government.
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▪
parliament
Similar to public account, it is operated by
Executive action.
Parliamentary Committees
▪
Parliamentary Committee - means a ‘committee’
that is ‘appointed’ or ‘elected’ by the House or
▪
Works
under
the
Speaker/Chairman.
▪
Present its report to 1) The house or 2)
▪
▪
Purpose of Parliamentary committee - The work
done by the Parliament in ‘modern times’ is varied
and complex in nature and considerable in
volume. The time at Parliament disposal is limited.
It cannot, therefore, Indepth consider all the
legislative and other matters that come up before
it. A good deal of its business is, therefore,
transacted in Committees of the House, known as
Parliamentary Committees.
of
the
Speaker/Chairman
‘nominated’ by the Speaker (Lok Sabha) or
Chairman (Rajya Sabha).
direction
Provided with a secretariat in Rajya Sabha or Lok
Sabha.
Classification of Parliamentary Committee:
▪
The ‘Parliamentary Committees’ are generally
classified under 2 heads viz.,
▪
Standing Committees - Classification of
Parliamentary committee –
▪
2 kinds – 1) Standing Committees 2) Ad hoc
Committees.
Standing Committees –
Definition
They are ‘permanent’ and ‘regular’ committees which are constituted from time to time in
pursuance of the provisions of an Act of Parliament/Rules of Procedure/Conduct of Business
in Lok Sabha.
Nature of work
The work of these Committees is of continuous nature.
Example
The Financial Committees, DRSCs and some other Committees come under the category of
Standing Committees.
Ad - hoc Committees –
.
Definition
They are appointed for a specific purpose and they cease to exist when they finish the task
assigned to them and submit a report.
Main example
The ‘principal’ Ad hoc Committees are the Select and Joint Committees on Bills.
Other
examples
Railway Convention Committee, Joint Committee on Food Management in Parliament House
Complex etc.
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parliament
Parliamentary Committee
Standing Committees
Ad hoc Committees.
They are appointed for a specific purpose
They are permanent Committees.
Their members are elected by the Houses.
They cease to exist after they complete the task
assigned to them
**
Example:
Example
:
The Financial Committees, DRSCs and some
other Committees come under the category
of Standing Committees
Main example - The ‘principal’ Ad hoc
Committees are the Select and Joint
Committees on Bills.
Other examples - Railway Convention
Committee, Joint Committee on Food
Management in Parliament House
Complex etc.
Financial committees - (Standing committee)
Public Accounts committee -
Year of establishment
1921 (Montagu – Chelmsford reforms)
Members
22 (15 – Lok Sabha 7 – Rajya Sabha)
Election of Members
Proportional Representation – Single transferable vote
Fact – A ‘minister’ cannot be appointed
Term of office
1 year
Chairman
‘Speaker’ appoints from among the members
Note – Since the 1967 convention to appoint from the opposition
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parliament
Function
To examine the annual audit reports of the Comptroller and Auditor
General of India (CAG), which are laid before the Parliament by the
President.
Functions of Public Accounts Committee ▪
Examines ‘appropriation’ accounts and ‘finance’
accounts of the Central government which are laid
before the Lok Sabha,
▪
❖ The audit report of these bodies are made by
the CAG
▪
Scrutinizes the ‘audit’ reports of CAG to satisfy
excess of the amount granted by the Lok Sabha for
that purpose, it goes on to its report.
‘itself’ that ❖ The money that was disbursed was legally
available for the service or purpose
❖ The expenditure conforms to the authority
that governs it.
Limitation of the Public Account
Committee ▪
Cannot intervene in the questions of policy.
▪
Post facto analysis - It can keep a tab on the
❖ Every re-appropriation has been made in
▪
accordance with the related rules
It examines the accounts of ❖ State corporations
It keeps a check on the money spent on any
service during a financial year. If the money is in
expenses only after they are incurred..
▪
It has no power to limit expenses.
▪
Cannot intervene in matters of day-to-day
administration.
❖ Trading concerns
▪
❖ Manufacturing projects
committee makes is only advisory.
The audit report of these bodies are made by the
CAG
▪
Advisory Nature - Any recommendation that the
It examines the accounts of-
▪
It is not vested with the power of disallowance of
expenditures by the departments.
▪
Being only an executive body - it ‘cannot’ issue an
order. Only the Parliament can take a final
❖ Autonomous bodies
decision on its findings.
❖ Semi-autonomous bodies
Estimates Committee -
Year of Establishment
1921 (post-Independence: 1950, on the recommendations of Finance
Minister John Mathai)
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parliament
Members
30 (All members belong to the Lok Sabha only)
Election of Members
By Lok Sabha (PR – STV)
Fact - A minister cannot be elected
Term of Office
1 Year
Chairman
Speaker appoints him/her from amongst the members (Ruling Party)
Function
To examine 1) The estimates included in the budget presented in the
parliament 2) To suggest economies in public expenditure.
Functions of the Estimates committee -
Limitations of the Estimates committee -
▪
It reports on the ‘budget estimates’ and their
impact.
▪
The committee can only examine the budget after
it is voted upon and not before that.
▪
Seeks to bring efficiency and economy in
‘governmental administration’.
▪
Cannot question the policies of the Parliament.
▪
Advisory nature of recommendations – The
▪
Suggests alternative policies.
▪
It examines whether the money is well laid out
within the limits of the policy implied in the
estimates.
▪
To suggest how the estimates are to be presented
to Parliament.
recommendation made by the committee are
‘advisory’ in nature and stand ‘non-binding’ for
the parliament.
▪
Remember - Examines every year ‘only’ certain
selected ministries and departments. Thus, by
rotation, it would cover all the ministries over
several years.
Committee on Public Undertakings -
Year of Establishment
1964 (On the recommendation of Krishna Menon Committee)
Members
22 (15 – Lok Sabha 7 – Rajya Sabha)
Election of Members
By Parliament every year (PR – STV)
Term of Office
1 year
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parliament
Chairman
By Speaker (Chairman belongs only to Lok Sabha)
Function
To examine the reports and accounts of the Public Sector Undertakings
▪
Checks the efficiency and autonomy of PSUs
Reports and Accounts of Public Sector
Undertakings (PSUs) are examined by the
▪
Performs those functions related to PSUs that are
given to it by the Lok Sabha speaker.
committee,
▪
Limitations - 1) Cap on PSU’s it can examine, 2)
post facto analysis, 3) lack of technical expertise,
4) Advisory nature.
Functions of the committee ▪
▪
CAG’s reports on PSU’s are also taken up by this
committee
▪
Check the credibility of the business of public
sector undertakings.
Department Standing Committees
❖ Look into the ‘demand for grants’ of the
▪
concerned ministries. They don’t propose any
There are a total of 24 ‘’Departmental Standing
cut-motion
Committees’ - 8 under Rajya Sabha and 16 under
Lok Sabha.
▪
❖ Examine the bills of the concerned ministry.
Facts – Advisory Nature, Does not look into day-to-
❖ Work upon the annual reports of the ministries
− Consider policy documents presented to
the ministries before both the houses
day administration.
▪
Functions –
Estimates
committee
Public Accounts
Committee
Committee on
Public
Undertaking
Departmental
Standing
committee
Year
1950
1921
1964
1993
Committee/Acts
John Mathay
Montagu
Chelmsford Act
Krishna Menon
Rules of
committee LS
22 (15 – LS 7 –
22 (15 – LS 7- RS)
Criteria
committee
Composition
30 (Lok Sabha)
RS)
committee
31 (21 – LS 10 –
RS)
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parliament
Supportive
officer
No
CAG
No
No
Policy
involvement
Yes, can suggest
alternative policy to
bring economies in
expenditure
No
No
No
Function
Examine the budget
and suggests
economies of public
expenditure.
Examine CAG
Audit report
and discover
the
irregularities.
Examine reports
and accounts of
public sector
undertakings
(Doesn’t involve
Examine bills,
demands of
grants and other
matters
recommended to
them. Ensure
itself with day-today
administration.
Why Parliamentary committees are
considered the best tool?
▪
They have limited number of members and is
generally devoid of populist opinion and political
positioning,
▪
They function throughout the year and hence are
for debate.
▪
Many important committees like Public Accounts
Committee have chairman from opposition
parties and members from both Lok Sabha and
Rajya Sabha.
▪
It provides an effective forum for obtaining public
feedback and building political consensus on
contentious issues for eg. GST, FDI, GM crops etc.
▪
financial
accountability of
executives of the
parliament
Reports of well-functioning committees act as an
early warning system about the laxity in
government functioning
▪
For Example:
o
The parliamentary committee on information
technology had examined the issue of
spectrum allocation in 2006 much before the
2G controversy.
However, despite these advantages, parliamentary
committees have not risen to the expectations due
to the following reasons:▪
Quality of discussion handicapped by lack of
specialist advisers - Parliamentary committees
don’t have dedicated subject-wise research
support available.
▪
▪
These committees can invite experts to discuss
varied, complex and voluminous issues.
▪
Post-facto analysis – Thus, mistakes or frauds
committed already can’t be rectified.
The procedure adopted by them is more flexible
than parliament.
▪
Limited scope of intervention
o
They can’t intervene in matters of day-to-day
administration.
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o
o
▪
parliament
The rules of Parliament don’t require every bill
years. Thus, it may take a long time to cover all
to be referred to a parliamentary committee
for scrutiny.
ministries.
Shortfalls in our Parliamentary system
They are not concerned with questions of
policy in a broader sense.
Non-binding
recommendations:
▪
Their
proportion of legislators with criminal cases
against them has continuously increased.
recommendations are advisory and not binding.
Ex- The demands for grants can be voted even if
Estimates Committee has not given its report.
A report published by the Association for
Democratic Reforms (ADR) entailed that the
▪
Party affiliation of the Speaker makes him/her
dependent on the party leadership for re-election
▪
Ineffective control – There are no set timelines for
presentation or discussion of committee reports
or action taken reports (ATRs)
▪
▪
Parliamentary privileges under Article 105, are
sometimes used to curb freedom of the press
through Strategic lawsuit against public
participation (SLAPP).
▪
Frequent bypassing of committees
▪
Insufficient time and research support to examine
Bills.
Public awareness –reports are selectively made
public, thus, compromising accountability to the
people
▪
prospects.
Delays in scrutiny - Estimates Committee
examines ministries on a rotation basis over the
Growing number of legislatures with criminal
record.
Persistent disruptions
Declining quality of debates.
Problems in parliamentary
functioning
High degree of absenteeism
Inadequate representation of women.
Declining number of sittings of legislatures.
Issues with the functioning of parliament
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Reduced working hours
of Parliament
parliament
The Parliament working hours are getting reduced day by
day.
For Example:
−
Frequent Adjournment
of Parliament sessions
In 2020, Rajysabha sat in session for 33 days only.
For Example
−
In December 2010, winter session just recorded 6% of work
−
For the Last few years, RS has just functioned for less than
25% of its scheduled time.
−
In 2021 Monsoon session, LS was scheduled to work for six
hours per day for 19 days
−
Instead, it sat only for 21 hours in total or 21% of what was
conceived.
In recent times, many of the bills passed without any
scrutiny.
Poor Checking System
For Example:
−
In the monsoon session, except for the 127th Constitution
Amendment bill, the rest of the bills were passed on an
average of 8 minutes.
−
During the 15th LS, 18% of bills were passed in the same
session.
−
In 16th LS, the count rose to 33%.
−
Only 12% of the government’s legal proposals have been
sent to committees for scrutiny in the current Lok Sabha.
−
This number was 27% in the 16th (2014-19), 71% in the
15th (2009-14), and 60% in the 14th (2004- 09) Lok Sabha.
NOTE: DATA PRS LEGISLATIVE
Problems in parliamentary functioning
▪
▪
Protests and walkouts: The recent frequent
walkouts and protests rendered the sessions
chaotic and a waste of functional days.
Delay in policy making: Several critical issues
raised in Parliament have seen a slow death.
Example: Passing of Triple Talaq Bill, delay in GST
bill etc.
▪
Lack of debate and discussion over key issues:
The recent 124th constitutional amendment bill
34
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parliament
which provided a 10% reservation to EWS was
▪
disruptions and physical violence have been
witnessed. Ex: Shouting slogans, bringing placards
passed after just a single day of discussion.
▪
Duration for which Parliament meets: Average
number of days parliament met has come down to
70 in 2017 from 120 in 1950s.
▪
into the well, using pepper sprays, etc.
▪
Supreme
Court
(Enlargement
of
▪
▪
Enforcing a code of conduct and code of ethics for
members of the house.
Proper training for members of parliament in
conducting the business of the house.
▪
Making political parties more responsible for
their conduct inside the Parliament.
A minimum of 120 days of the meeting of both
houses must be mandated through legislation.
▪
Setting up coordination committees with
members from ruling party and opposition for
smooth conduct of the House.
▪
While introducing reforms in Parliament, it is all
the more important that the reforms should cover
the political parties and government.
Measures to improve its efficiency.
▪
▪
Salaries and privileges of legislators must be
linked to their performance. Penalizing the
members including the imposition of fines,
suspension from session etc. for unruly members.
▪
Poor image in world media: Records of disruptive,
unproductive
parliamentary
functioning,
tarnishes the image of India as a vibrant
democracy.
Criminal
Appellate Jurisdiction) Bill, 1968.
▪
Absence of MPs: Several MPs have been reported
to be absent for most of the working sessions
including ministers during question hours.
No private member bill has been passed since
1970: The last time a private member’s bill was
passed by both Houses was in 1970. It was the
Un-parliamentary behaviour: Several instances of
Empowering the Presiding Officers of the House
with additional powers to punish unruly members.
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THE PRESIDENT
THE PRESIDENT
▪
The President is the executive head of the Indian
state.
▪
Provisions related to the President are found in
Part 5 from Article 52 – Article 78.
▪
The Indian Constitution, under Article 53, vests the
executive power of the Union in the President.
▪
He is the Supreme Commander of the armed
Forces.
▪
He is also the 1st citizen of India.
Articles
Article 52
Article 53
Article 54
Article 55
Article 56
Article 57
Article 58
Article 59
Article 60
Article 61
Article 62
Article 71
Article 72
▪
All the executive actions are taken in his name.
▪
The executive power vested in the President is to
be exercised on the advice of the Council of
Ministers responsible to Parliament.
▪
The 44th Constitutional Amendment empowered
the president to send back once the advice of the
cabinet for reconsideration. But, the reconsidered
advice is to be binding on the president.
Provisions
-
The President of India
Executive power of the President
Election of President
Manner of election of President
Term of office of President
-
Eligibility for re-election
Qualifications for election as President
Conditions of President's office
Oath or affirmation by the President
Procedure for impeachment of the President
Time of holding election to fill vacancy in the office of President and the term of office
of person elected to fill casual vacancy
Matters related to, or connected with the election of a President or Vice President
-
Power of President to grant pardons, etc., and to suspend, remit or commute sentences
in certain cases
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THE PRESIDENT
o
ELECTION OF THE PRESIDENT
The elected members of the ‘legislative
assemblies’ of the UT’s of Delhi and
▪
The President of India is elected by indirect
election.
▪
He is elected by an electoral college in accordance
with the system of ‘proportional representation’
by means of the ‘single transferable vote’
Do not participate in the election of the President
▪
Nominated members of ‘both’ the Houses of
Parliament
The Electoral College consists of:
▪
Nominated members of the State Legislative
Assemblies
▪
All the members of the State Legislative Councils
▪
Nominated members of the Legislative Assemblies
of ‘Delhi’ and ‘Puducherry’.
▪
o
o
Pondicherry.
The elected members of both ‘Houses of
Parliament’.
The elected members of the ‘Legislative
Assemblies of the States’.
The nomination of a candidate must be subscribed by at
least -
Prerequisite
-
50 electors as proposers and
-
50 electors as seconders.
Every candidate has to make a security deposit of Rs.
15,000 in the RBI.
Based on the principle of ‘Proportional Representation’
Principle of Election
Election of the
President
Voting Method
by means of a ‘single transferable vote’.
It is a secret ballot system of voting.
Who can’t Vote?
Who can Vote?
-
Elected members of both the Houses of
Parliament;
Elected members of the legislative
assemblies of the states;
Elected members of the legislative
assemblies of the Union Territories of
Delhi and Pondicherry
-
Nominated members of both the ‘Houses of
Parliament’
Nominated members of the ‘State Legislative
Assemblies’
All the members of the ‘State Legislative
Councils’
Nominated members of the ‘Legislative
Assemblies’ of Delhi and Puducherry
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Disputes regarding election of the President
-
Article 71 of our Indian constitution, tells us about the disputes regarding the election of
the President or Vice President must be administered and looked by the Supreme court of
India.
Procedure of Election
▪
There shall be uniformity in the scale of
representation of different states as well as parity
between state as a whole and the union.
▪
The formula adopted to secure is as follows-
Uniformity of the representation at the election-
Value of Vote of an MLA
= 𝑻𝒐𝒕𝒂𝒍
𝑷𝒐𝒑𝒖𝒍𝒂𝒕𝒊𝒐𝒏 𝒐𝒇 𝒕𝒉𝒆 𝒔𝒕𝒂𝒕𝒆
𝑵𝒖𝒎𝒃𝒆𝒓 𝒐𝒇 𝑬𝒍𝒆𝒄𝒕𝒆𝒅 𝒎𝒆𝒎𝒃𝒆𝒓𝒔 𝒐𝒇 𝒕𝒉𝒆 𝒔𝒕𝒂𝒕𝒆 𝑳𝒆𝒈𝒊𝒔𝒍𝒂𝒕𝒊𝒗𝒆 𝑨𝒔𝒔𝒆𝒎𝒃𝒍𝒊𝒆𝒔
Value of the Vote of an MP =
𝑻𝒐𝒕𝒂𝒍 𝑽𝒂𝒍𝒖𝒆 𝒐𝒇 𝑽𝒐𝒕𝒆𝒔 𝒐𝒇 𝒂𝒍𝒍 𝑴𝑳𝑨′ 𝒔 𝒐𝒇 𝒂𝒍𝒍 𝑺𝒕𝒂𝒕𝒆𝒔
𝑻𝒐𝒕𝒂𝒍 𝒏𝒖𝒎𝒃𝒆𝒓𝒔 𝒐𝒇 𝑬𝒍𝒆𝒄𝒕𝒆𝒅 𝒎𝒆𝒎𝒃𝒆𝒓𝒔 𝒐𝒇 𝒕𝒉𝒆 𝑷𝒂𝒓𝒍𝒊𝒂𝒎𝒆𝒏𝒕
As the Presidential election is held in accordance with
the system of ‘proportional representation’ by means
of the single transferable vote and the voting is by
‘secret ballot’ it assures that the successful candidate
How to determine Quota of Votes:
▪
A candidate in order to be declared elected to the
office of President must secure fixed quota of
votes.
▪
The quota of votes is determined by dividing the
total number of valid votes polled by the number
of candidates to be elected (here only one
is returned by the absolute majority of votes.
The formula can be expressed as
𝑽𝒂𝒍𝒊𝒅 𝑽𝒐𝒕𝒆𝒔 𝑪𝒂𝒔𝒕
𝑺𝒆𝒂𝒕𝒔 𝒂𝒗𝒂𝒊𝒍𝒂𝒃𝒍𝒆+𝟏
𝟏
× 𝟏𝟎𝟎𝟎
+1 = Quota
candidate is to be elected president) plus one and
adding on to the quotient.
Suppose 5000 people cast valid votes in the election.
So according to the Formula- Quota is
Qualifications for election as President
He must be a citizen of India.
▪
He must have completed the age of 35 years.
𝟏+𝟏
▪
He must be qualified for to be elected as a
Member of the Lok Sabha
▪
He must not hold any office of profit under the
Government of India or the Government of any
State or under any local or any other public
authority.
Article 58 lays down the qualifications▪
+1= 2501
𝟓𝟎𝟎𝟎
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THE PRESIDENT
▪
Other requirements –
▪
Nomination of a candidate must be subscribed
by atleast 50 electors as proposers and 50
elector as seconders.
₹ 15,000 Security deposit must be made in the
RBI.
Oath by the President
Under Article 60, the President takes oath/affirmation
in the presence of the Chief Justice of India
1. To
preserve,
protect
and
defend
the
Constitution and law.
3. To devote himself to the service and well –
being of the people of India
In absence of the Chief Justice of India, a senior-most
judge of the Supreme Court can administer the oath of
2. To faithfully execute the duties of his office.
the President.
Term of office of the President
▪
▪
▪
Article 56 says that the President shall hold office
for a term of 5 years from the day on which he
enters his office.
Even after the expiry of his term, he shall continue
in office until his successor enters upon his office.
He is entitled to such emoluments, allowances
and privileges as may be determined by
Parliament.
o
His emoluments and allowances cannot be
diminished during his term of office
He is also eligible for re-election any number of
The President is entitled to many privileges and
immunities. He enjoys personal immunity from
times.
legal liability for his official acts.
The President may, however, resign his office
before the expiry of his normal term of 5 years by
writing to the Vice-President.
Conditions of President’s Office
▪
▪
o
The Constitution lays down the
conditions of the President’s office:
o
following
He should not be a member of either ‘House of
Parliament’ or a ‘House of the state
legislature’. If any such person is elected as
President, he is deemed to have vacated his
seat in that house on the date on which he
enters upon his office as President.
o
He should not hold any other office of profit.
o
He is entitled, without payment of rent, to the
use of his official residence (the Rastrapathi
Bhavan).
▪
During his term of office, he is immune from any
criminal proceedings, even in respect of his
personal acts.
▪
He cannot be arrested or imprisoned.
▪
However, after giving two months’ notice, civil
proceedings can be instituted against him during
his term of office in respect of his personal acts.
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IMPEACHMENT OF PRESIDENT:
Charge must be signed by at least one-
14 days-notice must be
fourth of the total membership of the
given to the President
House.
Either House (LS OR RS)
Charge
Must be passed by a majority of
not less than two-thirds of the
Impeachment
resolution
total membership of the House.
Must be passed by a majority of
2nd House (Investigating House)
two-thirds of the total
If Passed
membership
President Stands Removed
Factoid:
▪
▪
▪
He can be impeached only for violation of the
Constitution.
The impeachment charges can be initiated by
either House of Parliament.
▪
These charges should be signed by one-fourth of
members of the House (that framed the charges),
The power of impeachment of the President is
vested in the Parliament.
The impeachment of the President is a quasijudicial procedure.
▪
▪
The President has the right to appear and to be
represented in such an investigation to defend
himself.
and a 14 days’ notice should be given to the
President.
▪
that House, it is sent to the other House, which
should investigate the charges.
▪
Impeachment of President
▪
After the impeachment resolution is passed by a
majority of two-thirds of the total membership of
The President can be removed from office by a
process of impeachment for ‘violation of the
If the other House also sustains the charges and
passes the impeachment resolution by a majority
of two-thirds of the total membership, then the
President stands removed from his office from the
date on which the resolution is so passed.
Constitution’.
▪
However, the Constitution does not define the
meaning of the phrase ‘violation of the
Constitution’
Who can participate in the procedure? In this context,
2 things should be noted:
▪
Nominated members of either ‘House of
Parliament’ can participate in the impeachment of
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THE PRESIDENT
the President though they do not participate in his
election.
▪
Elected members of the ‘legislative assemblies of
states’ and the ‘Union Territories of Delhi and
Pondicherry’ do not participate in the
impeachment of the President though they
participate in his election.
an election to fill the vacancy must be filled
before the expiration. In case delay in
conducting election of the New President
due to any reason the outgoing President
must continue to hold office (beyond the
term of 5 years)
▪
By his resignation.
Vacancy in the President’s Office
▪
On his removal by the process of impeachment.
A vacancy in the President’s office can occur in any of
▪
By his death.
the following ways:
▪
❖ When a vacancy occurs of the president
due to the aforementioned reason, the
following person may act as a president
until fresh elections are held for the post
and the new incumbent assumes office.
On the expiry of his tenure of 5 years
❖ When the vacancy is caused because of
expiration of the term of sitting President
Vice President
Chief Justice of India
In case of absence
In case of
absence
▪
Senior Most judge of the SC
In case of ‘resignation’, ‘removal’ ‘death’ or
otherwise the election to fill vacancy must be
held within 6 months.
▪
The newly elected President remains in office
for a full term of 5 years from the date he
assumes charge of his office.
POWER AND FUNCTIONS OF THE PRESIDENT:
Executive
Financial
Legislative
Power &
Function
Emergency
Judicial
Miltary
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Executive Power
All executive actions of the Government of India are
formally taken in the name of the President of India.
The President appoints the following members of the
Executive:
-
The Prime Minister .
-
All other members of the Council of Ministers,
on the advice of the Prime Minister.
-
Attorney-General of India.
-
The Comptroller and Auditor General.
-
The Chief Election Commissioner and other
Election Commissioners.
-
-
The Governors of states
-
Administrators to Union Territories.
-
The inter-state council to promote center-state
cooperation.
▪
He can seek any information relating to the
administration of affairs of the Union, and
proposals for legislation from the prime minister.
▪
He can require the Prime Minister to submit, for
consideration of the council of ministers, any
matter on which a decision has been taken by a
minister but, which has not been considered by the
council.
The Chairman and Members of the Union
Public Service Commission (UPSC).
▪
He can appoint a commission to investigate the
conditions of SCs, STs and other backward classes.
-
The Chairman and Members of the Joint Public
Service Commission (JPSC).
▪
-
The Chairman and Members of Finance
Commission.
He can declare any area as a ‘scheduled area’ and
has powers concerning the administration of
scheduled areas and tribal areas.
▪
The President may give his assent or withhold his
assent or return it for reconsideration by
Parliament with his own suggestions, a Bill other
than a Money or Constitutional Amendment Bill.
▪
But if a bill is passed again by both the Houses of
Parliament with or without the amendments
suggested by the President, the president is bound
to give his assent to it.
▪
The President makes certain reports and
statements to be laid before the Parliament. It is
Legislative Power
▪
The President summons or prorogued Parliament
and dissolves the Lok Sabha. He can also summon
a joint sitting of both houses of Parliament.
▪
▪
He nominates 12 members of the Rajya Sabha from
amongst people having special knowledge or
practical experience in literature, science, art and
social service.
He may address either House separately or both
the Houses jointly.
▪
He may also send messages to either House of
Parliament.
the duty of the President to cause to be laid before
Parliament-
▪
Every Bill passed by Parliament must receive the
President's assent before it can become an Act.
-
Annual Financial Statement(Budget) and the
Supplementary Statement;
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-
THE PRESIDENT
Report of the Comptroller and Auditor General
relating to the accounts of the Government of
India.
-
Recommendations made by the Finance
Commission.
-
Report of the
Commission.
-
Report of the National Commission for
Scheduled Castes and Scheduled Tribes.
-
Union
Public
-
Report of the Special Officer for linguistic
minorities.
▪
Certain Bills, for example, a Bill for the formation of
new States or alteration of boundaries of a State a
Money Bill, or a Financial Bill needs the President's
recommendation for introduction in the
Parliament.
▪
Address the Parliament at the commencement of
the 1st session every year (after January 1st,
Service
generally this is the budget session) and also at the
commencement of the 1st session after the
general election (Lok Sabha Election)
Report of the Commission on the backward
classes.
Ordinance Making Power of the President
Ordinance
What is it?
It is a temporary Law.
Who can issue?
President can issue ordinance.
When?
When parliament is not in session
What are the constitutional Safeguards?
It can be issued when Parliament is not in session-So it is not a parallel power of legislation
Limited in sense: An ordinance cannot abridge or take away any of the fundamental rights .
Not a discretionary Power: His power of ordinance-making is not a discretionary power.
Once an Ordinance has been passed, it must be passed by parliament within six weeks of the
reassembling of the parliament.
It can be issued only in Extra-ordinary situation- Thus, the President’s satisfaction is justiciable
on the ground of malafide.
▪
▪
The most important legislative power of the
President is his power to promulgate Ordinances
under Article 123.
This power has been devised in order to enable the
Executive to deal with a situation that may
suddenly and immediately arise when the
Parliament is not in session
▪
This is the most important legislative power of the
President-
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THE PRESIDENT
Ordinance can be proclaimed by the President
only during recess (when the Parliament is not
weeks, in case of non-approval by the
in session).
gap between the two sessions of Parliament)
Parliament (six months being the maximum
-
Ordinance can also be issued when only one
house is in session.
-
The President can withdraw an ordinance at
any time.
-
The decision of the President to issue an
ordinance can be questioned in a court on the
ground that the President prorogued one
house or both the houses of the Parliament
deliberately with a view to issue an ordinance
on a controversial subject.
-
Ordinance cannot be issued to amend the
constitution.
▪
Ordinance issued by the President must be laid
before both the Houses of Parliament when it
reassembles.
▪
-
-
The power of ordinance-making is not a
discretionary power, and he can promulgate or
withdraw an ordinance only on the advice of the
council of ministers headed by the prime minister.
From the date of reassembly, the ordinance is
valid for a period of six weeks. The maximum
An ordinance like any other legislation can be
retrospective, that is, it may come into force from
a back date. It may modify or repeal any act of
Parliament or another ordinance. It can alter or
amend a tax law also. However, it cannot be issued
life of an ordinance can be six months and six
to amend the Constitution.
be used in exceptional circumstances and
not as a substitute for the law-making
Supreme Court Judgement:
▪
In R.S. Cooper v. Union of India (1970): SC held that
power of the legislature.
the President’s decision to promulgate ordinance
could be challenged on the grounds that
‘immediate action’ was not required, and the
ordinance had been issued primarily to bypass
debate and discussion in the legislature.
▪
DC Wadhwa vs. the State of Bihar (1987):
o
o
▪
Krishna Kumar Singh Case 2017
-
The Constitution Bench of the Supreme
Court has reiterated the principle that repromulgation of ordinances is a fraud on
the Constitution and a subversion of the
democratic legislative processes.
Background:
-
A petition was filed in the Supreme Court
regarding the promulgation of 256
ordinances between 1967 and 1981 in
Bihar.
-
This included 11 ordinances that were kept
alive for more than 10 years and famously
dubbed as ordinance raj.
Supreme Court Judgment:
-
SC held that the legislative power of the
executive to promulgate ordinances is to
The reason for this dictum is that re-promulgation
represents an effort to overreach the legislative
process which is the primary source of law-making in a
parliamentary democracy.
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Veto Power of the President
▪
▪
This is the authority of the President to
withhold assent to the bills passed by the
Parliament (both the House)- Article 111
The object of conferring this power on the
President is to prevent hasty and illconsidered legislation by the Parliament
or prevent a legislation that may be
unconstitutional.
▪
-
He may give his assent to the bill, or
-
He may withhold his assent to the bill,
or
-
He may return the bill (if it is not a
Money bill, CA bill) for reconsideration
of the Parliament.
▪
When a bill is presented to the President
for his assent, he has 3 alternatives (under
However, if the bill is passed again by the
Parliament with or without amendments
and again presented to the President, the
President must give his assent to the bill.
Article 111 of the Constitution):
Veto Power of the
President
Absolute Veto
Meaning: Complete Rejection
Can be `applied on:
-
Private member bill
-
Govt. bills when the
cabinet resigns.
Meaning: Send back for
reconsideration
-
Can be applied on:
Ordinary Bills
-
Ordinary Bills
Does not apply for –
Money bills
Absolute Veto
The power of the President to withhold the assent
to a bill passed by the Parliament. The bill then
Usually, this veto is exercised in the following 2 cases:
o
With respect to private members’ bills (i.e.,
bills introduced by any member of Parliament
who is not a minister).
ends and does not become an act. (Death of the
bill)
Meaning: Can keep it pending
indefinitely
Can be applied on:
-
▪
Pocket Veto
Suspensive Veto
o
With respect to the government bills when the
cabinet resigns (after the passage of the bills
but before the assent by the President) and the
new cabinet advises the President not to give
his assent to such bills.
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Suspensive Veto
▪
▪
The President can either give his assent to a money
bill or withhold his assent, but cannot return it for
the reconsideration of the Parliament.
▪
Normally, the President gives his assent to a money
bill as it is introduced in the Parliament with his
previous permission.
▪
After 3 years, in 1989, the next President R
Venkataraman sent the bill back for
reconsideration, but the new National Front
Government decided to drop the bill.
▪
It should be noted here that the President has no
veto power in respect of a constitutional
amendment bill.
▪
The 24th Constitutional Amendment Act of 1971
made it obligatory for the President to give his
assent to a constitutional amendment bill.
Under this, the President returns the bill for the
reconsideration of the Parliament. If the bill is
again passed by the Parliament with or without
amendments, it is obligatory for the President to
give assent to the bill.
▪
THE PRESIDENT
President does not possess a suspensive veto in
the case of money bills.
Pocket veto
▪
The President neither rejects nor returns the bill,
but simply keeps the bill pending for an indefinite
period of time.
▪
The President can exercise this veto power as the
Constitution does not prescribe any time limit
within which he has to take the decision with
respect to a bill presented to him for his assent.
▪
In 1986, President Zail Singh exercised the pocket
veto with respect to the Indian Post Office
(Amendment) Bill.
▪
The bill, passed by the Rajiv Gandhi Government,
imposed restrictions on the freedom of the press
and hence, was widely criticised.
Presidential Veto over State Legislation
-
He may give his assent to the bill
▪
-
He may withhold his assent to the bill
-
He may direct the governor to return the bill (if
When a bill is passed by the state legislature and
sent to the Governor for his consent. Under Article
200 of the constitution, the Governor
▪
it is not a money bill) for the reconsideration of
-
May give assent to the bill, or
-
Withhold the assent to the bill, or
-
May return the bill for reconsideration by the
state legislature, or
-
May reserve the bill for the consideration of
the President.
▪
This means that the state legislature cannot
override the veto power of the President.
When a bill is reserved by the governor for the
consideration of the President, the President has
three alternatives
▪
Further, the Constitution has not prescribed any
time limit within which the President has to take a
decision with regard to a bill reserved by the
the state legislature. If the bill is passed again
by the state legislature with or without
amendments and presented again to the
President for his assent, the President is not
bound to give his assent to the bill.
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THE PRESIDENT
governor for his consideration. Hence, the
President can exercise pocket veto in respect of
state legislation also.
Financial Power
▪
Money bills are introduced in Lok Sabha with the
prior permission of the President.
▪
Annual Financial Statement (Budget) is laid before
the Lok Sabha with the prior permission of the
President.
▪
▪
President can make advances out of the
Contingency Fund of India to meet any unforeseen
expenditure.
▪
The President constitutes the
Commission (Article 280) every 5 years.
Finance
No demand for grant can be made except on his
recommendation.
Judicial Power
▪
He appoints Chief Justice and the Judges of
Supreme Court and High Courts.
-
In all cases where the punishment or sentence
is by a court-martial;
▪
He can seek advice from the Supreme Court (Article
-
143) on any law or fact. The advice rendered by the
In all cases where the punishment or sentence
is for an offence against a Union law (union list
Supreme Court is not binding on the President.
subject)
▪
He can grant pardon, reprieve, respite and
remission of punishment, or suspend, remit or
commute the sentence of any person convicted of
any offence:
-
In all cases where the sentence is a sentence of
death.
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Pardoning Powers of President: (Article 72)
▪
The pardoning power of the President is
independent of the Judiciary; it is an executive
power.
▪
President is NOT a court of appeal.
▪
The power is to be exercised by the President on
the advice of the union cabinet.
Completely Free
Pardon
Stay on
Execution
Commutation
Reprieve
Awarding a Lesser
Sentence
Pardoing
Power
Respite
The Constitution provided the President with 5 types
of pardoning powers:
▪
Tough into Lighter one
Reducing the Period
Remmission
▪
Commutation: This is the substitution of one form
of punishment for a lighter form.
Pardon: This removes both the sentence and the
conviction and completely absolves the convict all
sentences, punishments and disqualifications.
Death
▪
Simple imprisonment
Rigorous imprisonment
Remission: Reducing the period of sentence
-
without changing its character.
▪
Rigorous
Rigorous
imprisonment (5
imprisonment (2
years)
years)
Respite: Awarding a lesser sentence in place of one
originally awarded because of some special
circumstances.
Penalty
Ex: Offender is a Pregnant woman or has any
physical disability.
▪
Reprieve: It implies a stay of the execution of a
sentence (especially that of death) for a temporary
period. Its purpose is to enable the convict to have
time to seek pardon or commutation from the
President.
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THE PRESIDENT
Supreme court judgment on pardoning powers of the
President:
▪
In Maru Ram v Union of India
-
▪
of grace and, therefore, cannot be claimed as
a matter of right.
Supreme Court held that the power under
Article 72 is to be exercised on the advice of
the Central Government and not by the
President on his own, and that the advice of
the Government binds the head of the
Republic.
-
▪
o
o
Granting of clemency by the ‘President’ or
‘Governor’ can be challenged on the following
grounds:
-
The order has been passed without
application of mind.
-
The order is mala fide.
-
The order has been passed on extraneous or
wholly irrelevant considerations.
-
Relevant material has been kept out of
consideration.
-
The order suffers from arbitrariness.
The Supreme Court reiterated its earlier stand
in Maru Ram’s case and said that the power
appropriate Government binds the Head of
the state.
Supreme Court once again in Kehar Singh v
Union of India
-
SC held that it is a well-set principle that a
limited judicial review of exercise of clemency
powers is available to the Supreme Court and
High Courts.
under Articles 72 and 161 of the Constitution
can be exercised by the Central and State
Governments, not by the President or
Governor on their own. The advice of the
▪
In a landmark judgment in Epuru Sudhakar case
In Dhananjoy Chatterjee alias Dhana v State of
West Bengal
-
The power exercisable by the President being
exclusively of administrative nature, is not
justiciable.
SC reiterated its earlier stand and held that
the grant of pardon by the President is an act
Diplomatic Power
▪
International treaties are concluded by the
President. (*Subject to the approval of the
Parliament).
▪
Represents India in international forums.
▪
Sends and receives diplomats like ambassadors,
high commissioners and so on.
▪
President can declare war and peace. (*Subject to
Military Power
▪
▪
President is the Supreme Commander of the
armed forces.
In this capacity appoints the Army Chief, the Navy
Admiral and the Air Marshall.
the approval of Parliament).
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Emergency Power
▪
The Constitution of India granted 3 types of
emergency powers to the President of India
(*subject to the advice of PM, CoM).
-
-
State Emergency or President’s Rule (Article
356)
-
Financial Emergency (Article 360)
-
On the advice of CoM- dissolving the LS, after
National Emergency (Article 352)
Discretionary Power
▪
Discretion = the freedom to decide what should be
a no-confidence motion has been passed
done in a particular situation.
▪
against the council.
Wherever the constitution is silent, President may
use his discretion-
-
In appointing PM when no single party has a
majority.
President of India a ‘Nominal Head’ and not a ‘Real
Executive’:
▪
President's post was given a ceremonial
stature.
According to Article 74, there shall be a Council of
Ministers (CoM) to aid and advise the President
o
who ‘shall’ act in accordance with such advice.
▪
Thus, in Indian parliamentary democracy,
President was envisaged only as a ceremonial head
of the state.
▪
While real executive powers have been vested in
the council of ministers headed by the Prime
Minister. The President of India represents the
institution of CoM, headed by PM, was made
real executive so that diverse groups can be
represented.
o
PM/CoM may lead to day-to-day conflicts over
policy or operational issues.
o
Under British Rule, the ‘Governor-General’ was
a head of state who used to take important
decisions and had a virtual veto over any
officer or minister's voice. Thus, to make
representatives
more
powerful,
High cost of Dual direct elections: In India,
direct election of Lok Sabha takes a long time
and requires huge resources whereas indirect
election of the President is one-day affair. Thus,
Poor experience with colonial administration:
people's
Avoiding 2 power centres: Giving equal
executive power to the President vis-a-vis
This arrangement was made because of the
following reasons:
o
Emphasis on Institution rather than an
Individual: India is a very diverse country, thus,
to give voice to every section, region etc. the
nation, but does not rule the nation.
▪
In exercising pocket veto.
direct elections of both can lead to very high
costs to the exchequer.
▪
However, being a nominal head doesn't mean that
President is merely a "Rubber Stamp" as can be
seen under the following circumstances where he
can act independently of the advice of CoM:
15
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▪
Right to be informed under article 78: Prime
Minister has the duty to inform President
regarding all decisions of CoM (Council of
Ministers) relating to the administration and
legislative affairs.
▪
THE PRESIDENT
▪
of a hung Assembly, his decision on who forms
government or whether new elections will be
conducted to decide the mandate, is final.
▪
Veto Powers:
o
▪
Pocket veto - where a President neither rejects
a law nor does he approve it.
Disqualification of Members of Parliament – He is
the final authority to decide on the disqualification
of a sitting MP (Article 102), in consultation with
merely use of such veto can trigger a public
debate.
o
Test of Majority – He can direct the CoM to prove
its majority if there is an indication that they may
have lost it.
Suspensive Veto - President can send any
decision of CoM (Council of Ministers) for
reconsideration i.e. not an absolute veto, but
Interpretation of ‘fractured mandate’: In the case
the Election Commission.
▪
Friend, Philosopher and Guide: President is
generally an experienced statesman who can guide
CoM during difficult times. He also goes for foreign
visits to strengthen bilateral and multilateral
relations of the country.
Thus, President can exercise his powers as and when
the situation warrants and he is not merely a "Rubber
Stamp".
16
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PRIME MINISTER AND COUNCIL OF MINISTERS
1
PRIME MINISTER AND COUNCIL OF MINISTERS
Union Government
Executive
President of
India
Vice President
Prime Minister
jjjjjj
Council of Minister
Attorney General
PRIME MINISTER
•
Article 74 - There shall be a council of ministers with the
Prime Minister at the head to aid and advise the
President.
The Prime Minister is the primus Inter pares (first
among equals). which means that he is the head
of the cabinet and council of ministers.
•
It is he who summons and presides over meetings
of the Cabinet and determines what business shall
be transacted at these meetings.
•
The Prime Minister acts as the connecting link
between the President and the Cabinet.
•
Article 78 of the Constitution lays down that ‘it is
•
Prime Minister is the Government's
spokesman in Parliament.
•
He is the leader of the majority party in the Lok
Sabha.
•
Prime Minister is central to the formation of the
Council of Ministers.
•
If the PM resigns or dies, the whole Council of
Ministers goes out along with him.
chief
the duty of the Prime Minister to communicate to
the President all decisions of the Council of
Ministers.
•
The Prime Minister is also the main link between
the Cabinet and Parliament.
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PRIME MINISTER AND COUNCIL OF MINISTERS
2
Real executive authority
de facto executive
Prime Minister
head of the government
Nominal executive authority
President
de jure executive
Head of the State
Appointments
•
•
•
Article 75 of the Indian Constitution specifies that
the Prime Minister is appointed by the President.
•
A Minster may be a member of either house of the
Parliament.
•
Note: 4 Prime Ministers were members of the
Rajya Sabha
The general principle is that the President appoints
the leader of the majority party in the Lok Sabha
as the Prime Minister.
o Indira Gandhi (1966)
o Deve Gowda (1996)
If no party gets a clear majority then the President
may exercise his personal discretion in the
appointment of the Prime Minister.
o
This power was first executed in India in the
year 1979 when Dr. Neelam Sanjeeva Reddy
appointed Charan Singh as the Prime Minister
after the collapse of the Janata Party
Government.
o Inder Kumar Gujaral (1997) and
o Manmohan Singh (2004, 2009)
•
In Britain, on the other hand, the Prime Minister
should be a member of the Lower House (House of
Commons).
Appointment
PM Shall be appointed
Prime Minister
Article 75
By the President
Appoints
Leader of the Majority
Party as PM
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PRIME MINISTER AND COUNCIL OF MINISTERS
3
Case 1:
Condition: When no party has a clear majority
President
President may exercise his personal
discretion and appointsThe Leader of the Largest party as PM
Or
Example
The Leader of the Coalition as PM
Dr Neelam Sanjeeva Reddy appointed Charan Singh as the
Prime Minister in 1979.
Note: In this case, President ask the selected PM to seek confidence in the house within a month.
Case 2:
Ruling Party Elects
New Leader
Condition: When PM in office dies suddenly.
President has no choice but to
appoint him as Prime Minister.
President
High Court in this case:
-
The court held that the constitution does not
require that person must prove his majority in LS
before he appointed as PM.
-
The President may first appoint him as PM and
then ask him to prove his majority in the LS within
a reasonable period.
Important to Note:
There is also one more situation when President may have to exercise his individual judgement ,that is,
when the prime minister dies suddenly and there is no obvious successor.
Example: When Indira Gandhi assassinated in 1984, the then President Zail Singh appointed Rajiv Gandhi
as PM by ignoring the precedent of appointing a caretaker Prime Minister.
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PRIME MINISTER AND COUNCIL OF MINISTERS
4
o
Supreme Court Ruling:
•
Special Requirement – He can be appointed
Prime Minister only for six months, within
which, he should become a member of either
House of Parliament.
Supreme Court Ruling 1997 – A person who is not
a member of either House of Parliament can be
appointed as Prime Minister. (6 months)
o
Otherwise, he forfeits his position as Prime
Minister.
-
To do right to all manner of people in
accordance with the Constitution and the
law, without fear or favour, affection or ill
will.
Oaths
•
Administered by the President.
•
Oath of office and secrecy of the Prime Minister -
To bear true faith and allegiance to the
Constitution of India.
-
To uphold the sovereignty and integrity of
India.
-
To faithfully and conscientiously discharge
the duties of his office.
•
Oath of Secrecy – Not to communicate or reveal to
any person(s) any matter that is brought under his
consideration or becomes known to him as a union
minister. (Exception – Required for due to discharge
of his duties).
Term
Salary
•
The term is not fixed.
•
•
This is determined by the Parliament from time to
time.
The Prime Minister holds the office during the
pleasure of the President.
•
He gets the salary and allowances that are payable
to a M.P.
•
•
As long as the Prime Minister enjoys the majority
support in the Lok Sabha, he cannot be removed by
the President.
However, if he loses the Lok Sabha's confidence, he
must resign or face dismissal by the President.
Resignation
•
The PM submits the resignation to the President.
•
When the PM resigns or dies, the Council of
Ministers stands dissolved.
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PRIME MINISTER AND COUNCIL OF MINISTERS
5
Role & Power
In relation to the following
Appointment of the Ministers.
Council of Minister
Allocation of Portfolios.
Removal of Minister.
Channel of communication between President & CoM
President
Advisory Role: Appointments of CAG, Chairman of UPSC
PM can recommend dissolution of the Lok Sabha to President
at any time.
Role
of PM
Parliament
Announcement of Government policies on the floor of the
House.
Cabinet
PM summons cabinet meeting
PM also decides agenda of meeting.
Cabinet Committee
PM setups Cabinet Committees
PM headed cabinet committee when he is member.
In relation to the Council of Ministers •
•
Resignation (or death) of the Prime Minister automatically dissolves the council of ministers.
Appointment of the Ministers - The President can
appoint ‘only’ those persons as ministers who are
recommended by the Prime Minister.
•
Allocation of Portfolios – PM allocates and
reshuffles various portfolios among the ministers.
In Relation to the President - (Duties of the Prime
Minister)
•
Prime Minister – Main channel of communication
between the ‘President’ and the ‘council of
•
Removal of Minister – PM can ask a minister to
resign or advise the President to dismiss him in
case of a difference of opinion.
•
ministers.
•
Council of Ministers - He presides over the meeting
of the council of ministers and influences its
decisions.
•
To communicate to the President all decisions of
the council of ministers with regards to
Administrative role - He guides, directs, controls,
•
-
Administration of the affairs of the Union
-
Proposals for legislation.
To furnish information about –
and coordinates the activities of all the ministers.
-
Administration of the affairs of the Union
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PRIME MINISTER AND COUNCIL OF MINISTERS
6
-
Proposals
for
legislation
(Whatever
information the President asks for).
•
If President warrants- To submit any matter before
the council of ministers on which a minister has
taken a decision but has not been considered by
the council.
•
In relation to the Parliament •
Advises the President regarding summoning and
proroguing the sessions of the Parliament.
•
Dissolution of the Lok Sabha – PM can recommend
dissolution of the Lok Sabha to President at any
time.
Advisory role – Prime Minister advises the
President regarding the appointment of important
officials like the Attorney general of India, CAG,
Chairman, and members of the UPSC.
•
Announcement of Government policies on the
floor of the House.
DEPUTY PRIME MINISTER
o
Morarji Desai
•
The office of the Deputy Prime Minister is not
mentioned in the Constitution.
o
Charan Singh
o
Babu Jagjivan Ram
•
Except Prime Minister, no other minister is
mentioned in the Constitution.
o
Yashwantrao Chavan
•
So far 7 persons have served as the Deputy Prime
Minister of India.
o
Devi Lal
o
LK Advani
o
Sardar Vallabhbhai Patel
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PRIME MINISTER AND COUNCIL OF MINISTERS
7
Council of Ministers
Cabinet Minister
Deputy Minister
Minister of State
Head of the Important
Ministries Such as-
Attached to the cabinet
ministers or ministers of state
and assist them.
home, defense, finance etc.
Independent Charge
Attached to Cabinet Minister
Given the charge of departments of the
ministries.
Does not have independent charge of any
Department.
does not work under a cabinet minister.
Works under a cabinet minister.
•
•
The Council of Ministers is headed by the PM.
•
Article 74(1): There shall be a Council of Ministers
In this case, the President has simply to accept his
choice.
Composition
headed by the PM to aid and advice the President.
•
The Constitution provides that the Prime Minister
shall be appointed by the President.
•
And on the advice of the Prime Minister the
President will appoint other Ministers.
•
•
The Prime Minister not only selects other Ministers
but distributes work or portfolios among them
also.
The selection of other Ministers, in practice, is
entirely the business of the Prime Minister.
•
The council of ministers consists of three
categories of ministers,
1. Cabinet ministers
2. Ministers of state
3. Deputy ministers
•
The difference between them lies in their
respective ranks, emoluments, and political
importance.
Deputy Ministers
Ministers of State
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PRIME MINISTER AND COUNCIL OF MINISTERS
8
Cabinet Ministers:
cabinet minister. When any matter concerning his
•
He is present and participates in every meeting of
the Cabinet.
department is on the agenda of the Cabinet, he is
invited to attend the meeting.
•
They head the important ministries of the Central
government like home, defence, finance, external
affairs etc.
•
Thus, their responsibilities extend over the entire
gamut of the Central government.
•
Minister of State attached to cabinet minister—He
is a Minister who does not have independent
charge of any Department and works under a
cabinet minister. The work to such Minister is
allotted by his cabinet minister.
Deputy Ministers
Ministers of State
•
•
•
They are not given independent charge of
ministries/departments.
There are 2 types of Ministers of State:
o
Independent charge
•
o
Minister of State attached to cabinet
Ministers
They are attached to the cabinet ministers or
ministers of state and assist them.
•
They are not members of the cabinet and do not
attend cabinet meetings.
Minister of State with independent charge - He is
a Minister of State who does not work under a
Point of Difference
Council of Minister
Cabinet
Size
-
A wider body consisting of 60 to
70 ministers.
-
Smaller Body consisting of 15 to 20
members.
Composition
-
Includes all the three categories
of ministers, that is, cabinet
ministers, Ministers of State and
Deputy Minister.
-
Includes Cabinet Ministers only, thus it
is a part of the council of Ministers.
Meeting
-
No collective functions - It does
not meet, as a body, to transact
government business.
-
Collective Functions - It meets, as a
body, frequently and usually once a
week to deliberate and take decisions.
Powers
-
Theoretically, it is vested with
all the powers.
-
The powers vested in the CoM
theoretically are exercised by the
Cabinet
Functions
-
Determined by the cabinet.
-
Directs the council of ministers by
taking policy decisions that are binding
on all ministers.
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PRIME MINISTER AND COUNCIL OF MINISTERS
9
Role
-
It implements the decisions
taken by the cabinet.
-
Supervises the implementation of its
decisions by the council of ministers.
Constitutional
Status
-
It is a constitutional body
(Article 74 and Article 75)
-
It was conferred the status of a
constitutional body after the passing of
the 44th Constitutional Amendment
Act 1978. (Article 352)
Collective
Responsibility
-
Collectively responsible to the
Lower House of the Parliament.
-
Enforces the collective responsibility of
the council of ministers to the Lower
House of Parliament.
Appointment
Article 75:
•
The PM is appointed by the President and other
Ministers are also appointed by the President on
the advice of the PM.
•
Qualification: A Minister (PM is also a Minister)
must be a member of either Lok Sabha or Rajya
Sabha or must be the member within 6 months of
taking charge as minister.
o
appointed as the Minister, must become a
member of either of the houses of the
Parliament within a period of 6 months from
the date of appointment as the Minister.
•
Disqualification: If a member of Parliament has
been disqualified on the ground of defection, he
would not be eligible to become a Minister.
o
Cases: If a person who is not a member of
either of the houses of the parliament is
But if he again gets elected in the next freshly
held Parliamentary election then he will be
eligible to become a minister.
Anti Defection
The 52nd amendment to the Constitution added the Tenth Schedule which laid down the
process by which legislators may be disqualified on grounds of defection.
-
Original constitution had no such provisions. It was included in the Constitution in 1985
by the Rajiv Gandhi government.
-
The main intent of the law was to deter “the evil of political defections” by legislators
motivated by the lure of office or other similar considerations.
-
A member of parliament or state legislature was deemed to have defected if he either
voluntarily resigned from his party or disobeyed the directives of the party leadership on
a vote.
-
That is, they may not vote on any issue in contravention to the party’s whip. Independent
members would be disqualified if they joined a political party.
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PRIME MINISTER AND COUNCIL OF MINISTERS
10
•
A minister is individually responsible to the
President.
•
It means a Minister holds office during the pleasure
of the President.
•
A Minister submits the resignation to the
President. The President can remove a Minister
OathArticle 75 (4): The oath of office of a Minister is
administered by the President.
Strength
•
The original Constitution did not mention the
strength of the Council of Ministers.
•
Its size is determined by the Prime Minister
according to the exigencies of the time and
requirements of the situation.
•
st
But, as per the 91 amendment act (2003), the
strength of the Council of Ministers including the
Prime Minister should not exceed 15 percent of
the total strength of the Lok Sabha (Article 75 (1A))
Salary
only on the advice of the PM.
Responsibility
Article 75(3):
•
The Council of Ministers is collectively responsible
to the Lok Sabha.
•
The Prime Minister advises the President to
dissolve the Lok Sabha.
•
Every minister shall have the right to speak and
take part in the proceedings of either House,
•
This is decided by the Parliament from time to time.
o
any joint sitting of the Houses and
•
Each minister is entitled to the same pay and
allowances as a member of Parliament.
o
any Committee of Parliament of which he may
be named a member. (But he shall not be
entitled to vote. )
Collective Responsibility
-
The fundamental principle underlying the working of parliamentary system of government is
the principle of collective responsibility.
-
Council of ministers is collectively responsible to the Lok Sabha.
-
They work as a team and swim or sink together.
-
When the Lok Sabha passes a no-confidence motion against the council of ministers, all the
ministers have to resign.
-
Cabinet decisions bind all cabinet ministers (and other ministers) even if they differed in the
cabinet meeting
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PRIME MINISTER AND COUNCIL OF MINISTERS
11
•
CABINET COMMITTEES
•
They also facilitate in-depth examination of policy
issues and effective coordination.
They are an organizational device to reduce the
enormous workload of the Cabinet.
•
They are based on the principles of division of
labour and effective delegation.
Extra Constitutional body
What is it?
Varies from 3 to 8. They usually
include only Cabinet Ministers.
Membership
They are set up by the Prime Minister
from time to time.
Cabinet
Committees
Who forms them?
Purpose
Type
Organizational device to
reduce the workload of
the Cabinet.
-
-
Facilitate in-depth
-
examination of policy
issues
Effective coordination.
Standing
Ad hoc
Permanent in Nature
Temporary in Nature
The following are the features of Cabinet Committees:
situation. Hence, their number, nomenclature, and
•
composition vary from time to time.
They are not mentioned in the original Constitution.
However, the Rules of Business provide for their
establishment.
•
•
include only Cabinet Ministers. However, the noncabinet Ministers are not debarred from their
membership.
They are of two types—standing and ad hoc.
o
Standing Cab. Comm. - Permanent in nature.
o
Ad hoc Cab. Comm. - Temporary, disbanded
•
They not only include the Ministers in charge of
subjects covered by them but also include other
senior Ministers.
•
They are mostly headed by the Prime Minister.
after their task is completed.
•
They are set up by the Prime Minister according to
the exigencies of the time and requirements of the
Their membership varies from 3-8. They usually
Some times by Home Minister or the finance ministe
STUDYIQ.COM
PRIME MINISTER AND COUNCIL OF MINISTERS
12
•
They not only sort out issues and formulate
proposals for the consideration of the Cabinet but
also take decisions. However, the Cabinet can review
their decisions.
•
Presently, there are 8 cabinet committees out of
which 6 are headed by the PM of India. Cabinet
Committee on Accommodation and Cabinet
Committee on Parliamentary Affairs is NOT headed
by PM.
Few Examples of Cabinet Committees:
●
●
●
Appointments Committee of the Cabinet.
Cabinet Committee on Economic Affairs.
Cabinet Committee on Political Affairs.
●
Cabinet Committee on Investment and
Growth. (Constituted in 2019)
Cabinet Committee on Security.
Cabinet Committee on Parliamentary Affairs.
Cabinet Committee on Employment & Skill
Development. (Constituted in 2019)
Cabinet Committee on Accommodation.
●
●
●
●
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STATE
1
State
Legislature
Executive
Governor
Unicameral
Legislative
Assembly
Chief Minister
Bicameral
Council of Minister
Legislative Assembly
Advocate General
Article 168
•
•
•
Article 169: Abolition or creation of State Legislature
For every State, there shall be a Legislature
• In the States of Andhra Pradesh, Telangana,
Uttar Pradesh, Bihar, Maharashtra, Karnataka-
•
Legislative Council
Council
o
Parliament can abolish a Legislative Council
(where it already exists) or establish one
2 Houses exist.
(where it does not) if the state legislature
In other States - 1 House.
passes a resolution with Special Majority to
that effect.
Where there are 2 Houses of the Legislature in the
State o
One shall be known as the Legislative Council
o
Other as the Legislative Assembly
o
This Act of Parliament is not to be construed as
a constitutional amendment for the purposes
of Article 368 and is passed as a normal piece
of legislation (by Simple Majority).
o
Such resolution needs ‘special majority’ in the
Legislative Assembly and ‘simple majority’ in
PARLIAMENT.
Where, there is only 1 House, it shall be known as
the Legislative Assembly.
Note: Presently Six states have Legislative `Council:
•
Andhra Pradesh
•
Telangana
•
Uttar Pradesh
•
Bihar
•
Maharashtra
•
Karnataka
Recently, the Jammu & Kashmir legislative council has been abolished through the J&K Reorganization Act, 2019.
The Tamil Nadu Legislative Council Act, 2010 has not come into force.
STUDYIQ.COM
STATE
2
•
State Legislature is (Bi-Cameral System)
•
Articles 168 to 212 in Part VI of the
Constitution deal with the organisation,
composition, duration, officers, procedures,
privileges, powers and so on of the state
legislature.
•
Though these are similar to that of Parliament,
there are some differences as well.
means:
•
o
The State Legislative Assembly or Lower
House or Vidhan Sabha.
o
The State Legislative Council or Upper
House or Vidhan Parishad.
o
The Governor
UNICAMERAL SYSTEM AND BICAMERAL SYSTEM
State Legislature in (Uni-Cameral System)
means:
o
The State Legislative Assembly or Lower
House or Vidhan Sabha
o
The Governor
•
In any state, if both the Assembly and the
Legislative council are present then it is called
a bicameral system.
•
Presently 6 states follow the bicameral system.
(Mentioned above)
•
Majority of the states in India have only an
assembly. (Model of Unicameral System)
Bicameralism
State level
Central level
Rajya Sabha
Lok Sabha
Vidhan Sabha
Vidhan Parisad
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STATE
3
LEGISLATIVE ASSEMBLY
Strength: (Number of Members)
•
The minimum strength of assembly is 60.
•
The maximum strength of assembly is 500.
•
The strength of assembly varies from state to
state depending on the population.
•
The strength of the Uttar Pradesh assembly is
403. (Highest population according to the
Reservation
•
The seats are reserved for scheduled castes
and scheduled tribes in the assembly on the
basis of population ratio.
•
Originally the reservation was valid for not
more than 10 years from the date of
commencement of the Constitution (January
26, 1950).
•
But, the duration has been extended
continuously. Under the 104th Amendment Act,
Census 2011)
2020.
•
Second highest – West Bengal (294)
o
•
The strength of the Sikkim assembly is 32.
Reservation for SC and ST has been
extended up to January 25, 2030.
o
The Provision for nominating Anglo-
(Lowest population according to the Census
Indians was abolished.
2011).
Term
Election
•
•
Majority of members in the assembly are
directly elected by the people.
Before the 104th Constitution Amendment Act
of 2020, the Governor use to nominate one
member from the Anglo-Indian community.
This was discontinued by the amendment.
•
Some of the members of the legislative
assemblies in Sikkim and Nagaland are also
elected indirectly.
•
The term of the legislative assembly is 5 years.
After the expiration of the period of 5 years
automatic dissolution of the assembly takes
place.
•
Even before the completion of the term of 5
years, the assembly may be dissolved by the
Governor on the recommendation of Council
of Ministers (CoM).
42nd Amendment Act, 1976: Earlier it had extended the term of the Legislative Assemblies of States
from 5 years to 6 years.
44th Amendment Act, 1978: It restored the term of the State Legislative Assemblies to 5 years.
Can the Term of Assembly be Extended?
-
The term of assembly can be extended by 1 year during the period of National emergency
by law of parliament.
-
This period can be extended by any number of times but not more than 1 year at a time.
-
The extension cannot be continued beyond a period of 6 months after the emergency has
ceased to operate.
Qualifications for Legislative Assembly:
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STATE
4
•
He must be a citizen of India.
•
He must not be less than 25 years of age.
-
However, a member of SC or ST can also
content a seat not reserved for them.
Disqualifications
•
He must possess other
prescribed by the Parliament.
•
•
qualifications
•
If he holds any office of profit under the Union
or State government.
The parliament has laid down the additional
qualifications.
•
If he is of unsound mind and stands so
declared by a court.
The additional qualifications are mentioned in
the Representation of People’s Act of 1951.
•
If he is an undischarged insolvent.
•
If he is not a citizen of India or has voluntarily
acquired the citizenship of a foreign state or is
under any acknowledgment of allegiance to a
foreign state.
•
If he is so disqualified under any law made by
the Parliament. (Representation of People act
-
A person to be elected to the legislative
assembly must be an elector for an
assembly constituency in the concerned
state.
-
To be qualified for the Governor
nomination, he must be a resident of the
concerned state.
He must be a member of a scheduled caste
or scheduled tribe if he wants to contest a
seat reserved for them.
-
was made by the Parliament).
Important to Note
Cases 1:
•
If any question arises as to whether a member of a House of the Legislature of a State has become a subject
to any of the disqualifications mentioned under Representation of People’s Act, the question shall be
referred to the decision of the Governor.
•
In this case, the decision of the Governor is final but before giving any decision on any such question, the
Governor should obtain the opinion of the Election Commission of India and must act according to such
opinion (Article 192).
Case 2:
•
A person shall be disqualified from being a member of the legislative assembly if he so disqualified on the
ground of defection. (Provision of 10th Schedule)
•
The question of disqualification on the grounds of defection is decided by the speaker. Decision in this
regard is subjected to Judicial Review.
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Salary
•
The salary of the members of the legislative assembly is decided by the state legislature.
Resignation
•
A member of the legislative assembly submits the resignation to the speaker.
Officers of the State
Legislature
Legislative Assembly
Speaker
Legislative Councils
Deputy Speaker
Chairman
Assembly shall choose another member to be
Speaker or Deputy Speaker, as the case may
be.
SPEAKER
•
As per the Article 178, Every Legislative
Assembly of a State shall, as soon as may be,
choose 2 members of the Assembly to be
respectively Speaker and Deputy Speaker
thereof and, so often as the office of Speaker
or Deputy Speaker becomes vacant, the
Deputy Chairman
•
The Speaker is the Chief presiding officer of the
Legislative Assembly of a State.
•
He is elected by the members of the Assembly
amongst themselves.
Constitutional Provisions: Speaker & Deputy Speaker
Articles
Provisions
-
The Speaker and deputy Speaker of the Legislative Assembly.
-
Vacation and resignation of, and removal from the offices of Speaker and deputy
Speaker.
Article 180
-
Power of the deputy Speaker or other person to perform the duties of the office
of or to act as, Speaker.
Article 181
-
The Speaker or the deputy Speaker not to preside while a resolution for his
removal from office is under consideration.
Article 178
Article 179
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6
o
Qualifications
•
He must be a member of the legislative
assembly.
assembly is appointed as the pro-tem speaker.
Vacancy in The Office of The Speaker
Election
•
•
•
The speaker is elected from amongst the
members of the state legislative assembly.
The election date for the post of speaker is
decided by the state governor while deputy
speaker election date is specified by speaker.
senior most MLA is selected as a Protem
Speaker. However, once a new Speaker is
If the speaker ceases to be a member of the
assembly he is deemed to be vacated the seat.
•
If he resigns then there is a vacancy in the
office of the speaker.
•
If the speaker is removed by a resolution
passed by effective majority of all the then
members of the assembly, then there is a
vacancy in the office of the speaker.
•
If he dies
Removal Procedure of The Speaker
Resignation
•
•
The election of the speaker is conducted by the
protem speaker. By conventional practice, the
elected, the Protem Speaker ceases to function
in the same capacity.
Speaker submits the resignation letter to the
Deputy Speaker.
•
The removal of the speaker through a
resolution of the Assembly requires 14 days'
advance notice.
•
When a motion for his removal has been
discussed by the assembly, the speaker does
not preside over the assembly
Note:
o
Generally, the senior-most member of the
Protem Speaker is appointed by the Governor.
Initiation of Removal-The removal of
the speaker requires 14 days notice
During this period the speaker
cannot act as the speaker. Deputy
speaker acts as the Speaker.
A resolution should be passed
by a majority of all the then
members of the assembly.
After passing the resolution,
the speaker is considered to
be removed from the office.
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7
Maintains the order and discipline in the house
He decides whether a bill money bill or not.
Functions of the
Speaker
He accepts resignation of the members.
He may adjourn the session or sitting of the house.
He may suspends members for unruly behaviour.
Functions of The Speaker
•
•
•
The most important function of the Speaker is
to maintain decency and decorum in the
assembly.
•
He himself is the chairman of the Business
Advisory Committee, the Rules Committee and
the General Purpose Committee.
•
The speaker has the casting vote or deciding
vote.
The Speaker adjourns the assembly or
suspends the meeting in the absence of a
quorum.
The speaker decides whether a bill is a money
bill or not and the decision of the speaker is
final.
o
The speaker does not vote in the 1st
instance.
o
If there is an equality of votes then
only the speaker votes.
Quorum
•
The speaker decides the question of
disqualification of the members of the
assembly on the grounds of defection under
the provisions of the Tenth Schedule of the
Indian Constitution. It is subject to judicial
review.
•
•
This is the minimum strength in the assembly.
•
Quorum is equal to 1/10th of the total or, 10
members whichever is higher.
•
If there is no quorum during a meeting, it is the
duty of the Presiding officer either to adjourn
the house or suspend the meeting until there
is a quorum.
•
The election of the speaker is conducted after
the election of the speaker.
•
The deputy speaker election is conducted by
the Speaker.
The speaker appoints the chairmen of all the
committees of the assembly.
DEPUTY SPEAKER
Qualifications
•
The deputy speaker must be a member of the
Assembly.
•
The deputy speaker is elected from amongst
the members.
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8
Functions of The Deputy Speaker
•
He acts as the speaker in the absence of the
speaker.
Resignation
•
The deputy speaker submits his resignation to
the speaker.
members of the assembly, then there is a
vacancy in the office of the deputy speaker.
Removal Procedure of The Deputy Speaker
•
The deputy speaker can be removed from the
office after giving 14 days' advance notice.
•
During this period the deputy speaker cannot
act as the speaker.
•
After 14 days, if a resolution is passed by a
majority of all the then members of the
assembly, the deputy speaker is considered to
be removed from the office.
Vacancy in The Office of the Deputy Speaker
•
If the deputy speaker ceases to be a member
of the assembly.
•
If the deputy speaker resigns then there is a
vacancy in the office of the deputy speaker.
•
If the deputy speaker is removed by a
resolution passed by a majority of all the then
LEGISLATIVE COUNCIL
HOW THE STATE LEGISLATIVE COUNCIL IS CREATED /
ABOLISHED?
•
•
•
The legislative council is the upper house of the
state legislature.
The Constitution provides an option for a state
to have a Legislative Council in addition to its
Legislative Assembly.
•
Article 169: The Parliament is empowered to
establish or abolish a state legislative council
if,
o
The state assembly passes a resolution
by a special majority. The total
membership
Currently, six states have Legislative Councils.
of
the
assembly
+
rd
Majority of not less then 2/3 of the
(Already mentioned in the above section)
members of the assembly present and
voting
o
Parliament by a majority (simple)
accepts the same then the legislative
council can be established.
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9
Article 171
A Legislative Council of a State shall not have more than one-third of the
total strength of the state assembly and not less than 40 members
Article 169
Procedure for the formation of LC.
Passed
With Special Majority:
Legislative Assembly
Resolution
-
Parliament
-
If the parliament, accepts the
resolution with simple majority.
by a majority of the total
membership of the Assembly
and
by a majority of not less than
two-thirds of the members of
the Assembly present and
voting.
Legislative Council
can be established.
Important to Note:
•
This is not an amendment of the constitution under Article 368.
•
Through the same process, a legislative council can also be abolished.
•
A resolution passed by the Legislative Assembly of a State for the creation or abolition of its Council is not
binding on the Parliament.
•
Parliament may or may not approve such a resolution.
Strength (Number of Members)
•
It means that the size of LC depends on
the size of the LA of the concerned
state.
•
The minimum strength is 40.
•
The maximum strength is 1/3rd of the
Election
total strength of the Legislative
Assembly.
•
Unlike the members of the legislative
assembly, the members of the
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10
legislative
elected.
council
are
indirectly
1/6 members are nominated by
the governor.
operative movement and
Social Service
1/6
Elected by members of
Municipality District Boards
and such other local
authorities in the State.
Persons having special
knowledge or practical
experience in Literature,
Science, Arts, Co-
Members of the
Legislative Council
Elected by graduates of
three years standing and
residing within the State;
5/6
5/6 members are indirectly
To be elected by the members
of the Legislative Assembly of
the State from amongst
persons who are not members
of the Assembly.
elected.
Nomination
•
•
•
1/3rd are elected by the MLA’s (Members of
Legislative Assemblies).
Fields – persons who have special knowledge or
practical experience of literature, science, art,
cooperative movement and social service.
1/3rd are elected by the members of local
bodies like municipalities, district boards etc.
1/6th of the total strength are nominated by
the Governor.
•
Elected by persons who have
been teaching for at least three
years in educational institutions
within the state
•
1/12th are elected by graduates.
•
1/12th are elected by teachers.
•
the remainder are nominated by the governor
from amongst persons who have a special
knowledge or practical experience of
literature, science, art, cooperative movement
and social service.
Election Procedure
•
The members are elected in accordance with
the system of proportional representation by
means of single transferable vote.
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Term of Legislative Council
•
It is a permanent house and is not subjected to
dissolution.
•
1/3rd members retire at the end of every
•
If he is an undischarged insolvent.
•
If he is not a citizen of India or has voluntarily
acquired the citizenship of a foreign state or is
under any acknowledgment of allegiance to a
foreign state.
•
If he is so disqualified under any law made by
the Parliament.
second year.
•
The term of a member of the legislative council
is 6 years.
•
The retiring members are also eligible for re-
Salary
election and re – nomination any number of
times.
•
The salary MLCs are decided by the state
legislature.
Resignation
Qualifications for Legislative Council
•
•
He must be a citizen of India.
•
He must not be less than 30 years of age.
•
He must possess other
prescribed by the Parliament.
•
Additional
Qualifications
as
Representations of People’s Act 1951:
o
o
An MLC submits the resignation to the
Chairman of the legislative council.
CHAIRMAN
qualifications
per
A person to be elected to the legislative
council must be an elector from an
assembly constituency in the concerned
state.
He must be a resident in the concerned
state to be qualified for Governor
Nomination.
•
The chairman of the legislative council must be
a member of the legislative council.
•
The chairman is elected from amongst the
members.
Note: This is unlike Rajya Sabha, where the Chairman is
not a member of the Rajya Sabha.
Resignation
•
The Chairman submits the resignation to the
deputy chairman.
Vacancy in the Office of the Chairman
Disqualifications
•
If he holds any office of profit under the Union
or State government.
•
Exception: A Minister in the union or state
government is not considered as holding an
office of profit.
•
If he is of unsound mind and stands so declared
by a court.
•
If he ceases to be a member of the legislative
council.
•
If the chairman resigns by writing to the deputy
chairman.
•
If the chairman is removed by a resolution
passed by a majority of all the then members
of the council.
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12
•
Removal
•
For removing the chairman 14 days' advance
notice is given.
•
If the resolution is passed by the then
members of the council the chairman is
considered to be removed.
Removal
•
Same procedure as that of Chairman.
•
For removing the deputy chairman 14 days'
advance notice is given.
•
If the resolution is passed by the then
members of the council the deputy chairman is
considered to be removed.
Functions of The Chairman
•
The functions of the chairman of the legislative
council are similar to that of the speaker of the
assembly. However, the speaker has one
special power which is not enjoyed by the
Chairman. Speaker decides whether a bill is
money bill or not and his decision in this regard
is final.
If the deputy chairman is removed by a
resolution passed by a majority of all the then
members of the council.
Functions of The Deputy Chairman
•
The deputy chairman acts as the chairman in
the absence of the Chairman.
Salary
•
The salary and allowances of the chairman of
the legislative council are decided by the state
legislature. It is charged on the consolidated
fund of state.
DEPUTY CHAIRMAN
•
The deputy chairman must be a member of the
legislative council.
•
The deputy chairman is elected from amongst
the members of the council.
Resignation
•
The deputy chairman submits the resignation
to the chairman.
Vacancy
•
If he ceases to be a member of the legislative
council.
•
If the deputy chairman resigns.
Legislative Procedure in State
•
The bills at the state level are divided into 2
categories -
o
Ordinary bills
o
Money bills
•
Note: In the case of unicameral legislature all
the bills are introduced in the assembly, if it is
passed the bill will be forwarded to the
Governor for his assent.
In the case of the Unicameral LegislatureThe Legislative Procedure in a State having a
unicameral legislature is simple. All Bills originate in
the single chamber, i.e. the Legislative Assembly, and
when duly passed, presented to the Governor for his
assent.
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In the case of the Bicameral Legislature-
-
the council rejects the bill altogether OR
•
Except for Money Bills, which can only be
introduced in the Assembly, any other Bill can
be introduced in either House.
-
If the council does not take any action for a period
of 3 months then the assembly may pass the bill
again and forward the same to the council.
•
It must go through three readings before being
presented to the Governor for his approval.
-
If the council rejects the bill again OR
-
Passes the bill with amendments that are not
acceptable to the assembly OR
-
If the council does not pass the bill within one
month then the bill is deemed to have been
passed by both the houses in the form in which
Ordinary Bill
•
An ordinary bill can be introduced in either of
the houses of the state legislature.
•
If a bill that is introduced in the assembly is not
passed, then the bill is considered to be
rejected and the bill does not go to the
legislative council.
•
it was passed by the assembly for the 2nd time.
Where is the Ultimate Authority lies?
When a bill is passed by the assembly and
forwarded to the council then
•
The ultimate power to pass a bill lies with the
Legislative Assembly.
-
The council may pass the bill as sent by
the assembly
•
In case of deadlock, there is no provision of the
joint sitting like in Parliament.
-
The council may reject the bill.
•
-
The council may pass the bill with
amendments (changes) and return the
On the other hand, the bill that originated in
the legislative council is passed and sent to the
assembly, if rejected by the assembly the bill is
considered to be rejected and the bill becomes
dead.
bill
to
the
reconsideration.
-
assembly
for
The council may not take any action
and keeps the bill pending.
Case 1: If the council passes the bill without
amendments the bill is deemed to be passed by both
the houses and is sent to the Governor for his assent.
Role of Governor
•
The Governor may give assent to the bill and
the bill becomes an act.
•
The Governor may withhold the assent to the
bill. Then the bill does not become an act.
•
The Governor may return the bill for
reconsideration. In this case, if the bill is passed
Case 2: If the council passes the bill with amendments
and the assembly accepts the same then also the bill is
considered to be passed and forwarded to the
Governor for his assent.
Case 3:
-
If the assembly rejects the amendments as
suggested by the council OR
by the legislature and re-sent (2nd time) to the
governor for assent, the governor must give
the assent.
•
The Governor may reserve the bill (1st time) for
the consideration of the President. The
President may either
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14
o
give the assent, OR
o
withhold the assent to the bill, OR
o
return the bill for reconsideration
•
The state legislature must consider the bill
within 6 months.
•
The bill is presented again to the presidential
assent after it is passed by the legislature with
or without amendments.
•
The constitution is silent on the action of the
President after reconsideration by the state
legislature.
Money Bills
•
A money bill can be introduced only in the
assembly only on the recommendation of the
governor.
•
All money bills are public or governmental bills.
•
The money bills are introduced only by the
ministers and not by other members.
•
A money bill cannot be introduced in the
legislative council.
•
After a money bill is passed by the assembly,
the same is forwarded to the legislative
council.
•
o
The legislative council cannot reject
the money bills.
o
The legislative council cannot amend
the money bill.
o
The legislative council can suggest
recommendations.
o
The legislative council must return the
money bill to the assembly within 14
days.
The assembly can accept or reject the
suggestions given by the legislative council.
•
If the legislative council does not return the
money bill within 14 days then the bill is
deemed to have been passed by both the
houses.
•
The money bill was then submitted to the
Governor for his assent.
Role of Governor in Money Bill
•
The governor may give assent to the money
bill.
•
The governor may withhold the assent to the
money bill.
•
The governor may reserve the money bill for
the consideration of the President.
•
The governor cannot return the money bill for
the reconsideration of the state legislature.
•
When the money bill is reserved for
consideration, the President may give assent
or withhold the bill.
•
The President cannot return the money bill for
reconsideration by the state legislature.
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CENTER – STATE RELATION
1
CENTRE-STATE RELATION
In Indian Union, the constitution of India being federal in nature divides all powers into legislative, executive &
financial relations.
Centre – State Relations
Legislative Relation
Administrative Relation
Financial Relation
IMPORTANT TO NOTE:
-
There is no division of judicial power as the Constitution has established an integrated judicial system to
enforce both the ‘central laws’ as well as ‘state laws.
Understanding of Federalism:
Federalism is a system of government in which the
power is divided between ‘central authority’ and various
constituent units of the country.
▪
The Constitution of India, being federal in structure,
divides all powers (legislative, executive and
financial) between the Centre and the states.
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CENTER – STATE RELATION
2
Supreme Court on Federalism:
▪
The Supreme Court has included ‘Federalism’ in the basic structure of India. Though it also stated that India is
not absolute federalism.
▪
India is stated to be a quasi-federal country and classified as “a unitary state with subsidiary federal principles
rather than a federal state with subsidiary unitary principles.”
▪
Moreover, the Indian Constitution does not mention the word “Federation”, rather Article 1 of the Constitution
states India to be a “Union of States”.
▪
▪
India has a quasi-federal structure which means it
stated as a Union of States (Cooperative Country) –
has taken ‘partly federal’ & ‘partly unitary’ features.
according to Article 1 of the Constitution.
There is no mention of the ‘federal’ or ‘federation’
term in the Indian constitution.
▪
Understanding of Quasi-Federalism:
Quasi-federal combines the features of a ‘federal
But in practice, India is a federal structured country
with a strong centre (similar to the Canada) which is
government’ and the features of a ‘unitary government’-
Quasi Federalism
Partly Federal
Partly Unitary
1. Supremacy of the
constitution.
1. Single Citizenship.
2. Written constitution
3. Rigid constitution
4. 7th schedule – Division of
3. Emergency provisions (which
legislative powers b/w
2. Single Constitution.
make the system unitary).
4. Parliament has the power to
change the names /
centre and states.
boundaries of the state.
5. Independent Judiciary.
5. Integrated Judiciary system.
6. Bicameralism
6. Appointment of Governors
by Centre.
7. Dependence of states on
centre for economic
assistance and grants.
8. All Indian Services
STUDYIQ.COM
CENTER – STATE RELATION
3
IMPORTANT TO NOTE
-
Federal Theorist KC Wheare: He has argued that the nature of Indian Constitution is quasi-federal in
nature.
-
Sat Pal vs. State of Punjab and Ors (1969): The Supreme Court held that the Constitution of India is more
Quasi-federal than federal or unitary.
Part - XI
Chapter - 1
Legislative Relation
Articles 245-255
Part - XI
CentreState
Relations
Administrative Relation
Chapter - 2
Articles 256-263
Part - XII
Financial Relation
Chapter 1 & 2
Articles 268-293
LEGISLATIVE RELATIONS
▪
▪
Besides these, there are some other articles dealing
with the same subject.
▪
Like any other Federal Constitution, the Indian
Constitution also divides the legislative powers
between the Centre and the states with respect to
both the ‘territory’ and the ‘subjects of legislation’.
Articles 245 to 255 in Part XI of the Constitution
deal with the ‘legislative relations’ between the
‘Centre’ and the ‘states’.
There are four aspects of the Centre-states legislative relationsTerritorial extent of Central and state legislation
Distribution of legislative subjects
Parliamentary legislation in the state field
Centre’s control over state legislation
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CENTER – STATE RELATION
4
Territorial extent of Central and state legislation
The constitution defines Territorial limits of legislative powers vested in centre and states in the following ways Territory of India includes
‘Whole’ or ‘any part of the
‘States’ + ‘Union territories’ + any other
territory’.
area included in the territory of India.
Power of Extra Territorial
legislation lies with
Parliament
Applicable to Indian citizen and their
property in any part of the world
Can make laws
Parliament
Can make laws
State Legislature
Exception
The laws made by a state legislature are
not applicable outside the state, except
when there is a sufficient nexus between
the state and the object.
▪
o
The Constitution defines the territorial limits of the
legislative powers vested in the Centre and the
states in the following way:
o
o
▪
Power to make laws for
whole or part of the state.
Parliament - The Parliament can make
Thus, the laws of the Parliament are also
applicable to the ‘Indian citizens’ and
their property in any part of the world.
laws for the ‘whole’ or ‘any part of the
Areas where Parliamentary Law are not applicable
(Restrictions)
territory of India’.
▪
State Legislature - A state legislature
Union Territories - President can make regulations
for ‘Union Territories’ (for example Andaman and
can make laws for the ‘whole’ or ‘any
Nicobar Islands, Lakshadweep, Ladakh, Dadra and
Nagar Haveli and Daman and Diu). It has the ‘same’
part of the state’.
force and effect as an act of Parliament.
The Parliament alone can make ‘extraterritorial
legislation’.
-
Also, the Regulation can ‘repeal’ or ‘amend’ any
act of Parliament in relation to these Union
Territories.
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5
▪
Scheduled Areas - ‘Governor’ has the power to
Parliament ‘does not’ apply to a tribal area in the
direct that an act of Parliament ‘does not’ apply to a
state or applies with changes.
‘scheduled area’ or applies with certain changes.
▪
▪
Tribal Areas in Assam (Autonomous districts) -
Tribal areas in Mizoram, Meghalaya and Tripura
(Autonomous districts) - ‘President’ of India can
‘Governor’ of Assam can direct that an act of
direct that an act of Parliament ‘does not’ apply to a
tribal area in the state or applies with changes.
Distribution of legislative subjects
Division of Power between the Central
and State Govt.
7th Schedule of the
Constitution
Three-Fold
Classification
Union List
Concurrent List
State List
Union alone can make laws
Union+State can make laws
State alone can make laws
100 subjects:
52 subjects:
61 subjects :
Matter of National
Importance
Has subjects of common
interest
Matters of regional and
local importance
Example-
Example-
Example-
Defence, banking, foreign
affairs, currency, atomic
energy etc.
population control,
Education, forest, trade
etc.
public order, police,
public health and
sanitation, agriculture etc.
etccommunication
Important to Note
Residuary powers (Article 248) - Parliament has exclusive power to make any law.
▪
-
List-I (the Union List)
three-fold
-
List-II (the State List)
distribution of legislative subjects between the
Centre and the states (in the 7th Schedule)
-
List-III (the Concurrent List)
The
Constitution
provides
for
a
STUDYIQ.COM
CENTER – STATE RELATION
6
▪
List-I (the Union List)
▪
The Parliament has exclusive powers to make laws
with respect to any of the matters enumerated in
the Union List.
▪
This list has at present 100 subjects like defence,
banking, foreign affairs, currency, atomic energy,
insurance, communication, inter-state trade and
List-III (the Concurrent List)
▪
▪
List-II (the State List)
The state legislature has “in normal circumstances”
exclusive powers to make laws with respect to any
of the matters enumerated in the State List.
Both, the ‘Parliament’ and ‘state legislature’ can
make laws with respect to any of the matters
enumerated in the Concurrent List.
commerce, census, audit and so on.
▪
This has at present 61 subjects like public order,
police, public health and sanitation, agriculture,
prisons, local government, fisheries, markets,
theatres, gambling and so on.
This list has at present 52 subjects like criminal law
and procedure, civil procedure, marriage and
divorce, population control and family planning,
electricity, labour welfare, economic and social
planning, drugs, newspapers, books and printing
press, and others.
42nd Amendment 1976
The 42nd Amendment Act of 1976 transferred 5 subjects to ‘Concurrent List’ from ‘State List’ that are as follows1.
2.
3.
4.
5.
Education
Forests
Weights and Measures
Protection of Wild animals and birds
Administration of Justice; Constitution and organization of all courts except the Supreme Court and the
high courts.
101st Amendment Act of 2016 has made a special provision with respect to goods and services tax.
o
Accordingly, the Parliament and the state legislature have the power to make laws with respect to
goods and services tax imposed by the Union or by the State.
o Parliament has exclusive power to make laws related to ‘inter-state’ trade or commerce.
Cases of Dominance (Which list secures pre – dominance
List’ and the ‘Concurrent List’ and that of the
over the other)
‘Concurrent List’ over the ‘State List’. Thus,
Union List > State list
-
In case of overlapping between the ‘Union List’
and the ‘State List’, the former should prevail.
Union list > Concurrent list
Concurrent list > State list
In case of overlapping between the ‘Union List’
and the ‘Concurrent List’, it is again the former
which should prevail.
▪
The
Constitution
expressly
secures
the
predominance of the ‘Union List’ over the ‘State
-
Where there is a conflict between the
‘Concurrent List’ and the ‘State List’, it is the
former that should prevail.
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7
▪
In case of a conflict between the Central law and the
state law on a subject enumerated in the
Concurrent List, the ‘Central law’ prevails over the
‘state law’.
-
If the state law has been reserved for the
consideration of the president and has received his
assent, then the state law prevails in that state.
-
But, it would still be competent for the Parliament
to override such a law by subsequently making a law
on the same matter.
Central Law > State Law
▪
Exception -
Parliamentary legislation in the state field
The Constitution of India empowers the parliament to make laws on any matter enumerated in the state list under
the following five extraordinary circumstances:
Rajya Sabha passes a Resolution
National Emergency
Extraordinary
Situation
State make a Request
To implement International Agreements
President Rule
When Rajya Sabha passes a resolution
▪
If the Rajya Sabha declares that it is necessary for the
national interest that Parliament should make laws
with respect to ‘goods and services’, ‘tax’ or a
▪
The laws cease to have effect on the expiration of 6
months after the resolution has ceased to be in
force.
▪
This provision does not restrict the power of a state
legislature to make laws on the same matter.
▪
But, in case of inconsistency between a state law and
a parliamentary law, the latter is to prevail.
‘matter in the State List’, then the Parliament
becomes competent to make laws on that matter.
▪
Such a resolution must be supported by 2/3rd
members present and voting.
▪
The resolution remains in force for 1 year; it can be
renewed any number of times but not exceeding 1
year at a time.
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CENTER – STATE RELATION
8
Rajya
Sabha
Majority required
Resolution
Duration
Renewal
Must be supported by 2/3rd of the members
present and voting.
Duration of remaining in force – 1 year
Can be renewed ‘any’ number of times.
Renewal should not exceed 1 year.
Can State legislature make laws during this
time? - Yes, they can make laws.
During a National Emergency
▪
▪
The laws made under this cease to have an effect
after the expiration of 6 months of national
emergency.
▪
Here also, the state can make a law on the subject,
however, the ‘union law’ would prevail if there is any
When a proclamation of National emergency is in
operation then the Parliament can legislate on a
matter enumerated in the state list.
inconsistency.
Condition
When a proclamation of National emergency is in mode
Status of Law
Laws made by Parliament remain in force ‘6 months’ after
expiry of emergency.
State law vs Parliamentary law – The Parliament law prevails.
Can State legislature make laws during this time? - Yes, they can make laws.
▪
▪
▪
When the legislatures of 2 or more states pass
resolutions request the Parliament to enact laws on
a matter in the State List, then the Parliament can
make laws for regulating that matter.
- The state legislature
ceases to have the power to make a law with respect
to that matter.
When State make a request
▪
Abdication or surrender
▪
Some examples of laws passed under the above
provision are :
1. Prize Competition Act, 1955;
A law so enacted applies only to those states which
have passed the resolutions. However, any other
2. Wild Life (Protection) Act, 1972;
state may adopt it afterward by passing a resolution
to that effect in its legislature.
3. Water (Prevention and Control of Pollution) Act,
Such a law can be amended or repealed only by the
Parliament and not by the legislatures of the
concerned states.
4. Urban Land (Ceiling and Regulation) Act, 1976;
1974;
5. Transplantation of Human Organs Act, 1994.
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CENTER – STATE RELATION
9
Law made under such request can be amended or
repealed ‘only’ by the Parliament
Who can amend or repeal such law?
Can any other state adopt it?
Yes, they need to pass the resolution in their respective
state legislature.
To implement International Agreements
3. Anti-Hijacking Act, 1982
▪
4. Legislations relating to environment and TRIPS.
The Parliament can make laws on any matter in the
‘State List’ for implementing international treaties,
agreements, or conventions.
During President’s Rule
▪
This provision enables the Central government to
fulfill
its
international
obligations
and
commitments.
▪
Parliament becomes empowered to enact a law on
the state matter during the time of operation of the
President’s rule.
▪
Some examples of laws enacted under the above
provision are:
▪
The law made during this time would continue even
after the expiration of the president’s rule.
1. United Nations (Privileges and Immunities) Act,
▪
But, such a law can be repealed or altered or reenacted by the state legislature.
1947;
2. Geneva Convention Act, 1960;
o
Centre’s control over state legislation
▪
The Centre can direct the states to reserve
‘money bills’ and other ‘financial bills’ passed by
Besides the Parliament’s power to legislate directly
the state legislature for the President’s
on the state subjects under exceptional situations,
the Constitution empowers the Centre to exercise
control over the state’s legislative matters in the
consideration during a financial emergency.
▪
following ways:
o
The governor can reserve certain types of bills
passed by the state legislature for the
consideration of the President. The president
enjoys an absolute veto over them.
o
Bills on certain matters enumerated in the State
List can be introduced in the state legislature
only with the previous sanction of the president
for example bill imposing restriction on freedom
of trade and commerce.
From the above, it is clear that the Constitution has
assigned a position of superiority to the Centre in
the legislative sphere.
Why is Union’s control necessary?
The Sarkaria Commission on Centre-State
Relations observed:
▪
“The rule of federal supremacy is a technique to
avoid absurdity, resolve conflict and ensure
harmony between the Union and state laws. If this
principle of union supremacy is excluded, it is not
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CENTER – STATE RELATION
10
difficult to imagine its deleterious result. There will
be every possibility of our two-tier political system
stymied. The federal principle of unity in diversity
being stultified by interference, strife, legal chaos
and confusion caused by a host of conflicting laws,
much to the bewilderment of the common citizen.
supremacy, therefore, is indispensable for the
successful functioning of the federal system”.
Integrated legislative policy and uniformity on basic
issues of common Union-state concern will be
will be very much a casualty. This rule of federal
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ADMINISTRATIVE RELATIONS
ADMINISTRATIVE RELATIONS
•
Administrative relations between the ‘Centre’
and the ‘states’ are dealt by Articles 256 to
263 in Part XI of the Constitution
Distribution of Executive Powers
•
The executive power of the Centre extends to
the whole of India w.r.t. to the following:
o The subjects enumerated in the
‘Union List’
•
•
o Rights, authority and jurisdiction
conferred on it by any treaty or
agreement
The executive power of a state extends to
the subjects enumerated in the ‘state list’.
The executive power related to the subjects
enumerated in the concurrent List rests with
the states. Legislative power related to
Concurrent list lies with both, the ‘Parliament’
and the ‘state legislature’.
Note: A law on a concurrent subject, though enacted by the Parliament, is to be executed by the states
o Exception-when a ‘Constitutional provision’ or a ‘parliamentary law’ specifically confers it on the
Centre
Obligation of States and the Centre
•
The state must exercise its executive power in
following ways:
o State must ensure compliance with the laws
made by the Parliament and any existing
law which applies in the state
o State must not to impede or prejudice the
exercise of executive power of the Centre in
the state.
Article 365- If any state has failed to comply with (or to give effect to) any directions given by the
Centre, in such a situation, the President’s rule can be imposed in the state under Article 356
Special provision with respect to goods and services tax
Article 246-A:
•
Both Union and States in India now have “concurrent powers” to make law with respect to goods &
services.
•
The intra-state trade now comes under the jurisdiction of both ‘centre’ and ‘state’; while inter-state
trade and commerce is “exclusively” under central government jurisdiction.
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2
Article 269-A
•
In case of the inter-state trade, the tax will be levied and collected by the Government of India and
shared between the Union and States as per recommendation of the GST Council.
Article 279-A
•
There will be a GST council constituted by President, headed by finance minister as its chairman and
one nominated member from each state who is in charge of finance or taxation.
Centre’s directions to the States
•
The Centre is empowered to give directions
to the states in the following matters:
o Construction and maintenance of means of
communication which is of national
importance.
o Protection of the railways in the state
o Instruction in the mother tongue at the
primary stage of education to children
belonging to linguistic minority groups
o Execution and preparing the specified
schemes for the welfare of the Scheduled
How the deadlock can be resolved?
•
•
•
Tribes in the state.
Note: Article 365 applicable for the breach of
•
President may, with the consent of the
state government, entrust to that
government any of the executive functions
of the Centre
Governor of a state may, with the consent
of the Central government, entrust to that
government any of
the executive
functions of the state
Provisions also exist for giving executive
functions of the centre to the state without
the consent of the state.
But this delegation needs to be done by the
Parliament (and not the President). Thus, a
law made by Parliament can confer powers
above provisions
as well as impose duties on the state (i.e.
Mutual delegation of Functions
•
•
Since the distribution of legislative powers
between the ‘Centre’ and the ‘states’ is rigid,
therefore, Centre cannot delegate its
legislative powers to the states and a single
state cannot request the Parliament to make
without the consent of the states).
Please Note:
•
Mutual delegation of functions between the
Centre and the state can take place
a law on a state subject. The same applies to
➢ By State- Only by agreement between
Center and State
executive powers too.
Above may result in to occasional conflicts
➢ By Centre- By law passed by Parliament or
by agreement between Center and State
between the two. Hence, the Constitution
provides for inter - government delegation of
‘executive’ functions in order to mitigate
rigidity and avoid a situation of deadlock.
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ADMINISTRATIVE RELATIONS
interest between the Centre and the state
by the President
o Public acts, records and judicial
proceedings of the Centre and every state
must be given full faith and credit
throughout the territory of India
o An appropriate authority to carry out the
purposes of the constitutional provisions
relating to the interstate freedom of trade,
commerce and intercourse can be
Cooperation between the Centre and
States
•
For securing ‘cooperation’ and ‘coordination’
between the Centre and the states,
Constitution provide following provisions:
o Provision for the adjudication of any dispute
or complaint with respect to the use,
distribution and control of waters of any
inter-state river and river valley can be
appointed by the Parliament.
provided by Parliament.
o Establishment of Inter-State Council to
investigate and discuss subject of common
•
All-India Services
•
Public Services of center is called as- Central
Services.
•
Public Services of State is called as- State
Services.
•
All-India Services
o They are IAS, IPS and IFS (Indian Forest
Services)
o The members of these services occupy top
•
•
•
•
They help in maintaining high standard of
administration in the ‘Centre’ as well as in the
‘states’.
They help to ensure ‘uniformity’ of the
administrative
system throughout the
country
They
facilitate
liaison,
cooperation,
coordination and joint action on the issues of
common interest between the Centre and the
states.
positions (or key posts) under both the
Centre and the states and serve them by
“The dual polity which is inherent in a federal system is
turns.
o They are recruited and trained by the Centre
federations, there is a Federal Civil Service and a State Civil
The ultimate control lies withgovernment
Central
The Immediate control vests with - State
Governments
Article 312 – It authorises the Parliament to
followed in all federations by a dual service. In all
Service. The Indian federation, though a dual polity, will
have a dual service, but with one exception.
It is
recognised that in every country there are certain posts in
its administrative set up which might be called strategic
from the point of view of maintaining the standard of
administration. There can be no doubt that the standard
of administration depends upon the calibre of the civil
servants who are appointed to the strategic posts . The
create new All-India Service on the basis of a
Constitution provides that without depriving the states of
their rights to form their own civil services, there shall be
Rajya Sabha resolution to that effect.
an all-India service, recruited on an all India basis with
It seems that All India Services violate the principle
of federalism by restricting the autonomy of the
states, then why they are in place ?
common qualifications, with uniform scale of pay and
members of which alone could be appointed to those
strategic posts throughout the Union”
B.R. Ambedkar
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ADMINISTRATIVE RELATIONS
The chairman and members of the JSPSC are
Public Service Commissions
•
appointed by the President.
o The Union Public Service Commission
Centre-state relations in relation to Public
Service Commission is discussed below:
o Only the President can remove the
(UPSC) can serve the needs of a state on
the request of the ‘state governor’ and with
‘Chairman’ and members of a ‘state public
service
the approval of the ‘President’.
commission’, though they are
o The
appointed by the Governor of the state.
o Joint State Public Service Commission
UPSC
assists
the
states
(when
requested by 2 or more states) in framing
and operating schemes of joint recruitment
for any services for which candidates
possessing special
qualifications are
(JSPSC) for 2 or more states can be
established by the Parliament on the
request of the state legislatures concerned.
required to be appointed.
Integrated Judicial System
•
•
The Constitution has
established an
integrated judicial system with ‘Supreme
Court’ at the top and the ‘state high courts
•
The judges of a state high court are appointed
by the President. They can also be transferred
and removed by the president
The Parliament can establish a ‘common high
•
court’ for 2 or more states.
below it.
This single system of courts enforces both the
‘Central laws’ as well as the ‘state laws’ (to
eliminate diversities in the remedial
Maharashtra and Goa or Punjab and Haryana
have a common high court
procedure)
Relations during Emergencies
•
National emergency (under Article 352) o Centre becomes entitled to give executive
directions to a state on ‘any’ matter
o The state governments are brought under
the complete control of the Centre, but they
President’s Rule (under Article 356)
o President can assume to himself the
functions of the ‘state government’.
o The executive powers are vested in the
‘Governor’
or
any
other
‘executive
authority’ in the state.
•
Some other Provisions which enable Centre to
control state administratration
•
are not suspended.
•
o Center can give other necessary directions
to states including the reduction of salaries
of persons serving in the state
Financial emergency (under Article 360)o Centre can direct the states to observe
canons of financial propriety
•
•
•
Article 355 imposes 2 duties on the Centre:
1. To protect every state against ‘external
aggression’ and ‘internal disturbance’
2. To ensure that the government of every
state is carried on in accordance with the
provisions of the Constitution.
The governor acts as an agent of the Centre
in the state
The state election commissioner, though
appointed by the governor of the state, can
be removed only by the President
In addition to the above-mentioned
constitutional devices, there are extraconstitutional
devices
to
promote
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ADMINISTRATIVE RELATIONS
cooperation and coordination between the
Centre and the states. E.g. NITI Ayog
FINANCIAL RELATIONS
•
2. consumed
in
the
construction,
maintenance or operation of any
railway by the Centre
• A state legislature can impose a tax in
respect of any water or electricity stored,
generated, consumed, distributed or sold
by any
authority established by
Parliament for regulating or developing
Financial Relations between Centre and States
are Provisioned in Articles 268 to 293 in Part
XII of the Constitution
Allocation of Taxing Powers
•
Exclusive Power to levy taxes on subjects
enumerated in the Union List lies with the
any inter-state river or river valley. But,
such a law, to be effective should be
Parliament (13 in number)
Power to levy taxes on subjects enumerated
•
reserved for the president’s consideration
and must receive his assent
in the State List lies with the States (18 in
•
number)
There are no tax entries in the Concurrent List
•
Residuary power of taxation (taxes not in any
Distribution of Tax Revenues
•
of the three lists) lies with the Parliament
Note –
The 101st Amendment Act of 2016 has
conferred concurrent power upon Parliament
and State Legislatures to make law governing
goods and services tax.
Restrictions on the taxing powers of the states
•
A state legislature can impose taxes on
professions,
trades,
callings
and
employments which should be less 2,500
per annum
• State legislature is prohibited from
imposing a tax on the supply of goods or
services or both in the following two cases
1. Where such supply takes place outside
the state;
2. Where such supply takes place in the
course of import or export
• No tax can be imposed on the
consumption or sale of electricity by state
which is
1. consumed by the Centre or sold to the
Centre
80th Amendment Act of 2000
o It was enacted to give effect to the
recommendations of the 10th Finance
Commission.
o It recommended that out of the total
income obtained from certain central taxes
and duties, 29% should go to the states
(Alternative Scheme of Devolution-1996).
•
The 101st Amendment Act (Goods And
Services Tax - GST)
o This Act conferred concurrent taxing powers
upon the Parliament and the State
Legislatures to make laws for levying GST on
every transaction of supply of goods or
services or both
o GST replaced a number of indirect taxes
levied by the ‘Union’ and the ‘State
Governments’.
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ADMINISTRATIVE RELATIONS
PRESENT POSITION WITH RESPECT TO THE DISTRIBUTION OF TAX REVENUES BETWEEN THE CENTRE AND
THE STATES
Articles
Article 268
Taxation Status
•
•
Article 269
•
•
Article 269-A
Article 270
•
•
Taxes Levied by the Centre Stamp duties on bills of exchange, cheques,
but
Collected
and promissory notes, policies of insurance, transfer of
Appropriated by the States shares and others
The proceeds of these
duties levied within any
state do not form a part of
the Consolidated Fund of
India, but are assigned to
that state
Taxes Levied and Collected • Taxes on the sale or purchase of goods (other
by the Centre but Assigned
than newspapers) in the course of inter-state
to the States
trade or commerce.
The net proceeds of these
taxes do not form a part of • Taxes on the consignment of goods in the
the Consolidated Fund of
course of inter-state trade or commerce
India. They are assigned to
the concerned states in
accordance
with
the
principles laid down by the
Parliament
Levy and Collection of • Goods and Services Tax (GST)
Goods and Services Tax in
Course of
Inter-State
Trade or Commerce
Taxes Levied and Collected
by
the
Centre
but
Distributed between the
Centre and the States
(Distribution is prescribed
by the President on the
recommendation of the
Finance commission).
Article 271
•
•
E.g.
•
This category includes all taxes and duties
referred to in the Union List except the
following:
1. Duties and taxes referred to in Articles 268,
269 and 269-A
2. Surcharge on taxes and duties referred to in
Article 271
3. Any Cess levied for specific purpose
The Parliament can at any Surcharge on Certain Taxes and Duties for
time levy the surcharges Purposes of the Centre
on taxes and duties
referred to in Articles 269
and 270
The states have no share in
these surcharges
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ADMINISTRATIVE RELATIONS
Note: Goods and Services Tax
(GST) is exempted from this
surcharge.
Taxes Levied and Collected and Retained by the They are enumerated in the state list and are 18 in
States
number. E.g. land revenue, taxes on agricultural
income, etc.
DISTRIBUTION OF NON-TAX REVENUES
The Centre
•
•
•
•
•
•
•
The States
•
•
•
•
•
Posts and Telegraphs
Railways
Banking
Broadcasting
Coinage and Currency
Central Public Sector Enterprises
Escheat And Lapse
•
Grants-in-Aid to the States
•
Statutory Grants (Article 275):
o It is for needy states {not every state}.
o It is granted by the Parliament.
o These sums are
charged on
Irrigation
Forests
Fisheries
State Public Sector Enterprises;
Escheat and Lapse
the
‘Consolidated Fund of India’ every year.
o Such grants also include specific grants for
promoting the welfare of the scheduled
tribes in a state or for raising the level of
administration of the scheduled areas in a
state including the State of Assam.
o These grants are made on
•
Finance Commission.
Finance Commission
•
the
recommendations of finance commission.
•
Discretionary Grants (Article 282)
o Both ‘centre’ and ‘states’ are able to make
any grants for public purpose even if they
are not within their legislative competence.
o Under this provision, the Centre makes
grants to the states.
Other Grants
o Special grants for Assam, Bihar, Odisha and
West Bengal for promotion and protection
of jute industry provided by the Constitution
for 10 years.
o These sums were charged on the
Consolidated Fund of India and were made
to the states on the recommendation of the
•
•
Article 280 provides for a Finance Commission
as a ‘quasi-judicial body’.
It was first established in 1951 by the
President of India to define the financial
relations and dealings between the central
government of India and the individual state
governments.
It is constituted by the President every fifth
year or even earlier
It is required to make recommendations to
the President on the following matters
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ADMINISTRATIVE RELATIONS
•
o The distribution of the net proceeds of taxes
to be shared between the Centre and the
states, and the allocation between the
states, the respective shares of such
proceeds.
o The principles which should govern the
grants-in-aid to the states by the Centre
(i.e., out of the Consolidated Fund of India).
o The measures needed to augment the
Consolidated fund of a state to supplement
the resources of the panchayats and the
municipalities in the state on the basis of the
recommendations made by the State
Borrowing by the Centre and the States
•
•
the legislature of that state.
Bills that can be introduced in the Parliament
only on the recommendation of the President
•
Central government can make loans to any
state or give guarantees in respect of loans
raised by any state. Any sums required for the
purpose of making such loans are to be
charged on the Consolidated Fund of India.
A bill which imposes or varies any tax or
duty in which states are interested;
A bill which varies the meaning of the
expression ‘agricultural
income’
as
defined for the purposes of the enactments
relating to Indian income tax;
A bill which affects the principles on which
moneys are or may be distributable to
states;
A state government can borrow within India
(not abroad) upon the security of the
Consolidated Fund of the State or can give
guarantees, but both within the limits fixed by
•
•
The Central government can borrow either
within India or outside upon the security of
the Consolidated Fund of India.
Finance Commission.
o Any other matter referred to it by the
President in the interests of sound finance
•
A bill which imposes any surcharge on any
specified tax or duty for the purpose of the
Centre
•
A state cannot raise any loan without the
consent of the Centre, if there is still
outstanding any part of a loan made to the
state by the Centre or in respect of which a
guarantee has been given by the Centre.
INTER-GOVERNMENTAL TAX IMMUNITIES
Exemption of Central Property from State Exemption of State Property or Income from
Taxation
Central Taxation
•
•
The property of Centre is exempted from all
taxes imposed by a state or any authority
within a state like municipalities, district
boards, panchayats and so on.
But, the Parliament is empowered to
remove this ban
•
The property and income of a state is
exempted from Central taxation. Such
income may be derived from sovereign
•
functions or commercial functions.
But the Centre can tax the commercial
operations of a state if Parliament so
provides.
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ADMINISTRATIVE RELATIONS
EFFECTS OF EMERGENCIES
During National Emergency
•
•
Financial Emergency
President can modify the distribution of
revenues between the Centre and the
states
Such modification continues till the end of
the financial year in which the emergency
ceases to operate.
• Centre can give directions to the states:
1. To observe the specified canons of
financial propriety
2. To reduce the salaries and allowances of all
class of persons serving in the state
3. To reserve all money bills and other
financial bills for the consideration of the
President.
DIFFERENT COMMISSIONS
Name
Recommendations
Administrative Reforms
Commission
•
Establishment of an Inter-State Council under Article 263 of the
•
Constitution.
Appointment of persons having long experience in public life and
administration and non-partisan attitude as governors.
Rajamannar Committee
•
•
Delegation of powers to the maximum extent to the states.
Transferring of more financial resources to the states to reduce their
•
dependency upon the Centre.
Deployment of Central armed forces in the states either on their
•
request or otherwise.
Union government should not take any decision without consulting
the inter-state council when such decision can affect the interests of
•
one or more states.
Every bill which affects interests of the states should be 1st referred to
•
inter-state council before it is introduced in parliament.
Article 356 should be used only in rare cases of complete breakdown
of law and order in state.
Anandpur
Sahib
Resolution (Akali Dal)
West
Memorandum
Bengal
•
•
Residuary power should be vested with states.
All India services should be abolished.
•
It said that centre’s jurisdiction should be restricted only in defence,
foreign affairs, communications and currency
•
•
Replace the word Union in the constitution with federation.
Confine the jurisdiction of centre in matters of only defence, foreign
affairs, currency, communications and economic coordination
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ADMINISTRATIVE RELATIONS
•
Sarkaria commission
•
All other subjects including the residuary should be vested in the
states·
Repeal articles 356, 357 and 360
•
A permanent Inter-State Council called the Inter-Governmental
Council should be set up under Article 263.
•
Article 356 (President’s Rule) should be used very sparingly, in
extreme cases as a last resort when all the available alternatives fail.
•
The institution of All-India Services should be further strengthened
•
and some more such services should be created.
The residuary powers of taxation should continue to remain with the
Parliament, while the other residuary powers should be placed in the
•
Concurrent List.
When the president withholds his assent to the state bills, the reasons
should be communicated to the state government.
•
Punchhi Commission
The National Development Council (NDC) should be renamed and
reconstituted as the National Economic and Development Council
•
(NEDC).
The zonal councils should be constituted afresh and reactivated to
•
promote the spirit of federalism.
There should be a consultation process between union and states via
Interstate Council for legislation on concurrent subjects.
•
There should be a reasonable time (6 months) in which president
communicates his decision regarding president withholding his assent
•
to State’ Bill.
The treaty making powers of union should be regulated and states
should get greater participation in treaties where interests of states
•
are involved.
Governor should get clear guidelines for appointment of Chief
Ministers so that he does not misuses his discretionary powers in this
context.
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ADMINISTRATIVE RELATIONS
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EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
1
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
•
INTRODUCTION
•
•
Provisions related to emergency were
the constitution to enable the
government to effectively respond
‘abnormal situation’.
Emergencies in India are imposed
‘President’ after
receiving a
given in
central
to any
by the
written
•
•
recommendation from the cabinet. This
provision was introduced through the 44th
Provisions related to Emergency were borrowed
from the Weimar Constitution of Germany.
The rationale behind the incorporation is to
protect the country's sovereignty, unity,
integrity, and security, as well as the democratic
political system and the Constitution.
Part XVIII of the Indian Constitution, from
Article 352 to 360, contain the ‘emergency
provisions’.
Constitutional Amendment Act, 1978.
EMERGENCY PROVISIONS
BORROWED FROM
WEIMAR CONSTITUTON
OF GERMANY
FROM ARTICLE 352 TO
360
PART (XVIII) OF THE
CONSTITUTION
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
2
EMERGENCY PROVISIONS
ARTICLE 352
NATIONAL EMERGENCY
ARTICLE 356
PRESIDENT’S RULE
(STATE EMERGENCY)
ARTICLE 360
FINANCIAL EMERGENCY
only after receiving a written
recommendation
from
the
National Emergency
•
•
Article
352
(Part
XVIII)
talks
cabinet.
about
“Proclamation of Emergency”.
National Emergency can be declared on the
grounds of War, external aggression, or armed
rebellion.
❖ When a national emergency is declared
due to 'war' or 'external aggression,' it
is referred to as an 'External
Emergency.'
❖ When it is declared on the grounds of
•
Different amendments and their impact -
•
38th amendment act
o
o
The 44th Amendment Act, 1978.
Replaced the term ‘internal disturbance’
with ‘armed rebellion’.
Thus, it is no longer possible to declare
a National Emergency on the grounds of
‘Internal Disturbance’ (As was done in
1975 by the Congress Government
o
headed by Indira Gandhi)
The 44th Amendment Act of 1978 also
introduced a safeguard to eliminate any
possibility of the Prime Minister alone
taking a decision in this regard.
▪ After the amendment emergency
can be imposed by the President
Empowered the
‘President’ to declare different proclamations
of national emergency on different grounds
simultaneously.
•
42nd amendment act - Enabled President to
‘limit’ the operation of National Emergency to
'armed rebellion’, it is known as
'Internal Emergency.'
–
a specified part of India.
•
44th amendment act – Major changes brought
by this amendment -
•
It substituted the words ‘armed rebellion’
instead of ‘internal disturbance’. (Original
constitution had the term internal disturbance
as the 3rd ground for declaration of Emergency).
•
Declaration of emergency can ‘only’ be made
by the President after receiving a ‘written
•
recommendation from the cabinet’.
National Emergency is subject to Judicial
review. (44th amendment + Minerva Mills
•
case).
A complete list of provisions added by the 44th
amendment is given below -
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
3
Changes after 44th CAA- (National Emergency):
•
The term “Internal disturbance” was replaced by “Armed rebellion”.
•
Recommendation from cabinet in writing.
•
Approval within 1 month through special majority.
•
•
Periodical approval after every 6 months for continuance.
10 percent or more members of the Lok Sabha may requisition a meeting in order to consider a bill for
disapproving the proclamation. Such a requisition shall be summoned within 14 days. If the specially
summoned meeting, passes the bill by a simple majority, the emergency shall be revoked.
•
Rights under article 19 can only be suspended if national emergency is declared on war/external aggression.
•
Only laws that are related with emergency cannot be challenged in any court. But other laws made during
emergency can be challenged for violation of Fundamental Rights.
•
Non suspension of Article 20, 21.
Declaration of National Emergencies
The National Emergency was invoked three times from 1962 to 1977 as mentioned in the table given below:
Time Period
1
st
Emergency: During the
Indo-China war in October
1962 and lasted until
President
Sarvepalli
Radhakrishnan
the declaration of an emergency (North-East Frontier
•
January 1968.
2nd Emergency: During the
Reason
The Chinese attack in Arunachal Pradesh prompted
•
V.V. Giri
•
Indo-Pak war in December
1971 and lasted until March
Agency).
External Aggression was ground for invoking the
Emergency.
The reason for declaring an emergency was that the
Indian military was fighting with the military of
Pakistan to provide independence to East Pakistan.
1977.
3rd Emergency: It was
declared in June 1975 in
response to an internal
squabble in the Central
Government. It was in
effect until March 1977.
Fakhruddin Ali
Ahmed
•
It was imposed while the second emergency was still
in effect due to internal disturbances.
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
4
Parliamentary Approval and Duration of National
Emergency
•
•
•
•
Parliament.
Within a month after its issuance, the
proclamation of emergency must be approved
by ‘both’ houses of parliament.
However, if the declaration of an emergency is
made while the Lok Sabha has been dissolved or
the dissolution of the Lok Sabha takes place
during the period of 1 month without the
receiving approval, the declaration will remain
in effect until 30 days after the 1st meeting of the
newly reconstituted Lok Sabha, provided the
Rajya Sabha in the meantime has approved it.
If approved by both houses, the Emergency
lasts for 6 months and can be extended
indefinitely with Parliament's approval every 6
months.
Every resolution approving the proclamation of
emergency or its continuation must be passed
by a special majority in either House of
Before
44th
Amendment Act it was simple majority.
•
If the situation improves, the President of India
can revoke the emergency through another
proclamation. The 44th Amendment to the
Constitution provides that 10 percent or more
members of the Lok Sabha may requisition a
meeting in order to consider a bill for
disapproving
the
proclamation.
WITHIN 1 MONTH BY SPECIAL
MAJORITY
LASTS FOR 6 MONTHS AND CAN
BE EXTENDED IF REQUIRED
Effects of National Emergency
Centre - State Relations
Life of Lok Sabha/ State Assembly
Fundamental Rights
Centre – State Relations –
a
If the specially summoned meeting, passes the
bill by a simple majority, the emergency shall be
revoked.
BOTH THE HOUSES: LOK SABHA
AND RAJYA SABHA
Consequences of National Emergency
Such
requisition shall be summoned within 14 days.
WRITTEN RECOMMENDATION OF
UNION CABINET
EMERGENCY
PROCLAIMATION
BY THE PRESIDENT
Constitution
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
5
Executive –
✓ Centre can give direction to states on ‘any’
Financial –
✓ President
matter (in normal situation, it can give
directions for ‘only’ specified matters).
✓ Remember – State Governments are ‘not’
suspended though they are brought under
complete control of the centre.
emergency has ended.
✓ Ordinance - President can issue ‘ordinances’
on the state subjects. (While parliament is not
✓ Meaning - President can reduce/cancel the
transfer of finances from Centre to states.
✓ Duration – This modification will continue till
the end of the ‘financial year’ in which the
Emergency ends (Suppose emergency end in
January 2022 this modification will continue till
March 2022).
✓ Requirement – Every order made by President
should be laid before ‘both houses of
Parliament’.
Duration of Lok Sabha/ State Legislative assembly –
•
in session).
✓ Imposition of Power and duties on the Centre
– This can be done by Parliament for matters
✓ Position of State Legislature – Not suspended
(but constitution becomes unitary).
During Emergency is in operation - Life of Lok
Sabha and Legislative Assembly can be extended
by one year at a time indefinitely.
•
outside the Union list (to carry out laws made by
it under its extended power).
‘constitutional
state.
✓ State list - Parliament becomes ‘empowered’
to make laws on subjects mentioned in the State
✓ Duration of laws - Laws made by Parliament
on state subject during National Emergency
become inoperative 6 months after the
change
distribution of revenues’ between Centre and
Legislative –
List.
can
After emergency ends – It can extend for only
6 months.
Effect on the Fundamental Rights –
•
Constitutional article dealing with National
Emergency impact on FRs – Article 358, 359.
•
Article 358 - Suspension of the Fundamental
Rights under Article 19
•
Article 359 - Suspension of other Fundamental
Rights (except Article 20 and 21).
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
6
Suspension under Article 19 (Article 358)
✓ Automatic Suspension
-
‘Proclamation of
national emergency’ automatically suspends
the 6 Fundamental Rights under Article 19.
Suspension of other Fundamental Rights – Article 359
-
•
✓ Remember - The 6 FR’s under Article 19 can be
suspended ‘only’ when the National Emergency
is declared on the ground of war or external
aggression (not armed rebellion).
Article 20 and 21 cannot be suspended).
−
✓ Automatic Revival – Article 19 comes into
−
ends.
•
✓ Status of Laws made (those inconsistent with
‘Fundamental Rights’ are not suspended ‘only’
for seeking remedy is suspended.
•
✓ The ‘executive and Legislative action’ taken
during operation of National emergency which
are inconsistent with Article 19 cannot be
Procedure – President come with an order ---
-> Order specifically ‘mentions’
the
Fundamental Right whose enforcement should
be suspended (Article 20/21 cannot be
challenged in courts – During Emergency and
mentioned) ----> Needs to be laid before
even after emergency ends. (44th amendment
emergency cannot be challenged).
Article 21 – Right to life and personal liberty
their enforcement I.e., right to move to courts
Article 19) - When National Emergency ends,
– ‘Only’ those acts/action which are related to
Article 20 – Right of protection in respect of
conviction of offenses.
force ‘automatically’ when National emergency
they cease to have effect.
Art 359 – empowers the President to suspend
“enforcement” of any specified fundamental
rights (44th amendment – Enforcement of
‘both’ houses of Parliament for approval.
•
Nature of the Presidential order – Period –
Operation of emergency/shorter period, whole
or part of India.
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
7
•
Status of Laws made (those inconsistent with
are inconsistent with FR mentioned in
Presidential order cannot be challenged in
FR mentioned in Presidential order) - When
National Emergency ends, they cease to have
courts – During Emergency and even after
emergency ends. (44th amendment – ‘Only’
effect.
•
The ‘executive and Legislative action’ taken
during operation of National emergency which
those acts/action which are related to
emergency cannot be challenged).
Comparison table – Article 358 vs Article 359
Comparison
Fundamental
Rights
Article 358
Article 359
Deals with FR’s under Article 19
Nature
Automatic suspension after
Deals with FR’s whose enforcement has been
suspended by Presidential order
No automatic suspension only empowers the President
Extent
Suspension
National emergency is declared.
Entire country
Article 19 completely suspended
to suspend enforcement of specified FR’s
Entire country or part of it
Article 20 and 21 enforcement cannot be suspended by
the President.
Declaration till now – 1962, 1971 and 1975. Shah
commission – to investigate on emergency in 1975
the state's situation is such that the
state government cannot carry on the
governance according to the provisions
State Emergency (President’s rule)
•
•
•
•
It is also called ‘State Emergency’
and
of the Constitution.
‘Constitutional Emergency’
Part XVIII, Article 356 talks about “Provision in
case of failure of constitutional machinery in
states” or “President’s Rule”.
Article 355 imposes a duty on the centre to
ensure that the government of every state is
carried in accordance with the provisions of the
constitution.
The grounds for declaring a ‘state of emergency’
or ‘President rule’ are o Article 356: If the President receives a
report from the state's Governor or
otherwise is convinced or satisfied that
o
Article 365: As per this Article,
President's Rule can be imposed if any
state fails to comply with all directions
given by the Union on matters it is
empowered to.
•
In simple words, President’s Rule is when the
state government is suspended and the central
government directly administers the state
through the office of the governor (centrally
appointed).
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
8
MUST BE APPROVED BY
BOTH THE HOUSES: LS & RS
PRESIDENT’S RULE
PROCLAIMATION
WITHIN TWO MONTHS BY
SIMPLE MAJORITY
MAJORITY OF
MORE THAN 50%
MEMBERS PRESENT
AND VOTING
LASTS FOR SIX MONTHS AND
CAN BE EXTENDED UPTO 3
YEARS ONLY
sitting of Lok Sabha(new) + Rajya Sabha should
Effects of State Emergency (President’s Rule)
approve in the meantime.
Parliamentary approval and duration –
•
•
proclamation (No Parliamentary approval is
Approval – Must be approved by both houses
needed).
of Parliament within 2 months.
•
Duration – After approval by both houses'
emergency continues for 6 months.
•
Extension Period - It can be extended for a
maximum period of 3 years (but it would need
to be approved by the Parliament every 6
Consequence of President’s Rule –
• Executive and Legislative powers of the state are
assumed by Centre.
•
State Executive – Dismissed
•
State Legislature
dissolved
•
Administration of the State – By President
months).
•
Special provision with regards to President’s
rule
(added by the 44
th
amendment). These are requirement which
need to be fulfilled to extend President Rule
•
•
•
Laws – Made by Parliament
•
Delegation
Simple majority – Majority of the members of
•
the house present and voting.
What happens if Lok Sabha is dissolved during
the 1 month it needed to approve emergency?
- Proclamation is alive for 30 days after 1st
Law-making
powers
–
powers to the President (or any authority
specified by the President). Such laws are
known as President’s Act (President makes
these laws in consultation with MPs of that
of difficulties.
Majority needed for approval or continuance of
•
of
‘Parliament’ can delegate the law-making
whole/part of the state.
Election Commission must certify that the
general elections to the legislative assembly of
the concerned state cannot be held on account
Emergency – Simple Majority.
Either suspended or
appointed by the President).
in operation in the whole/part of India, or in
•
–
through Governor (Governor can take help of
the chief secretary of the state or the advisors
constitutional
beyond 1 year.
Proclamation of National Emergency should be
Revocation of President’s rule – President
state).
•
Ordinances - ‘President’ issues ordinances on
subjects in state list.
•
Fundamental
Rights
Fundamental Rights.
–
No
impact on
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
9
•
Power/duties on the centre – President (or
legislature can later repeal/amend/re-enact
any authority specified by him) can make laws
it.)
Constitutional provisions relating to State high
to confer power/duties on the centre.
Status of laws made by Parliament during
•
•
court remain untouched during President Rule.
President Rule – Continue to operate even
after the end of President’s rule.
(State
Judgements:
SR Bommai case –
✓ President Rule is subject to Judicial review.
✓ President satisfaction should be based on relevant material (It shall not be based on malafide, perverse,
irrelevant or extraneous conditions.)
✓ Court cannot investigate correctness of material.
✓ Burden lies on centre to prove relevant material exists.
✓ Till Parliament approval, Legislative Assembly is suspended not dissolved.
✓ Courts can restore and revive the government and Assembly, if proclamation is unconstitutional.
✓ Floor of the house – confidence in state legislative assembly should be tested on ‘floor of the house’.
✓ State following Anti - secular politics are liable for action under Art 356.
Case of proper and Improper use of President’ Rule (listed under SR Bommai case based on Sarkaria commission
report) –
•
Acceptable Grounds for President Rule –
✓ Hung Assembly - No party secures majority after general elections.
✓ States failure to follow Constitutional direction given by the centre.
✓ Internal subversion – Deliberate action by state government which are unconstitutional/unlawful and aimed
at fomenting a violent revolt
✓ Physical breakdown – State Government refuses to discharge its constitutional obligation endangering the
security of the state.
✓ Failure to form ministry (Majority party refuses – no alternate coalition exists; Ministry resigns after it defeat
in assembly and no alternate is present).
•
Unacceptable grounds –
✓ President Rule is imposed without Looking for an alternative ministry (after Ministry resigns or loses majority
support).
✓ Governor does not give chance to the ministry to prove its majority on the floor of the house and recommends
President’s rule (based on his assessment of Ministry’s support in the assembly).
✓ Internal disturbances not amounting to internal subversion or physical breakdown.
✓ Mal-administration or allegations of corruption.
✓ No prior warning for rectification was given.
✓ If used to settle intra-party disputes.
Criticism of Emergency Provisions:
•
Federal character will be destroyed and Union becomes more powerful.
•
Fundamental rights losses their significance.
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
10
•
Can make rulers dictatorial.
•
H.V. Kamath: An invitation for totalitarian state.
•
K.T. Shah: A chapter of reaction and Retrogression.
•
T.T. Krishnamachari: It can lead to constitutional dictatorship.
•
H.N. Kunzru: Serious threat to financial autonomy of the state.
Positive Side:
• Alladi Krishna Swamyayyar: The very life - breath of the constitution.
• Mahavirtyagi: A safety valve.
Difference between National Emergency and State Emergency
Comparison
Ground of Declaration
National Emergency
War, External aggression, Armed
rebellion or imminent danger
President Rule
State cannot be carried in accordance with the
provisions of the constitution.
thereof.
Impact
Centre gets ‘concurrent power’ of
administration/legislation.
Law on State subject
Administration – President through the Governor.
continue to exist.
Parliament can make laws on state
Parliament can delegate law making power to
list – cannot delegate it to other
President or any other authority specified by him.
Parliamentary approval
time and duration.
(need to be approved every 6
months)
Center – State Relation
State legislature – suspended or dissolved.
State executive/Legislature -
authority.
1 Month and indefinite period
Majority needed for
approval and revision
Fundamental right
Revocation
State executive –Dismissed
Special majority
Parliament – Makes laws.
2 Months. Max duration is for 3 years. Periodical
approval every 6months
Beyond an year – National Emergency or EC
certification are required
Simple majority
FRs are impacted
President or by Lok Sabha with
simple majority
Undergoes modification with all
No impact on FRs
President of India
Undergoes modification only with states under
states.
President’s rule.
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
11
✓ Majority needed for approval of Emergency –
Financial Emergency
•
•
•
Simple majority.
Part XVIII, Article 360 talks about “Financial
Emergency”.
It declared by the President if he is satisfied that
a situation has arisen due to which the financial
stability or credit of India or any part thereof is
threatened.
In this case, the ‘central authority’ may reduce
or cut the budget allocated to the state, and
Revocation of financial emergency – By President
proclamation anytime.
Effects of Financial Emergency •
directions to state(any) to observe canons of
salaries of government officials may be reduced.
•
financial propriety 2) Give other directions to
state as the President deems necessary and
India has never imposed a financial emergency.
Parliamentary approval and duration -
✓ Approval – Must be approved by both houses
adequate for the purpose.
•
of Parliament within 2 months.
✓ Duration – After approval by both houses of
period’
–
1)
What direction can be given? - Reducing
salaries and allowances of persons serving in the
state 2) Reserve money bills or other financial
Parliament emergency continues ‘indefinitely’.
✓ Financial Emergency
Executive authority of the Centre – 1) Give
bills for the consideration of the President.
No ‘maximum
•
President ‘may’ also issue directions – for
prescribed for its operation 2)
reducing salary and allowances of 1) All persons
Repeated Parliamentary approval is not needed.
serving the union 2) Judges of Supreme court
and High court.
Ready – Revision Table
S
Criteria
No.
Art 352 (National
Art 356 (President Rule/State
Art 360 (Financial
Emergency)
Emergency/Constitutional
Emergency) As like
National Recovery Act of
Emergency)
1.
Grounds of
declaration
War, External
aggression, Armed
rebellion or imminent
danger thereof.
2.
Classification
3.
Written
recommendation
from cabinet
Parliamentary
approval time and
duration
4.
Constitutional machinery
breakdown (On report of
USA.
Threat to financial
stability and credibility
governor or otherwise.)
Internal/External
Emergency
Required
No classification
No classification
Not required
Not required
1 Month, and
indefinite period
2 Months. Max duration is for 3
2 Months, Indefinite
(need to be approved
years. Periodical approval every
6months
every 6 months)
Beyond an year – National
Emergency or EC certification
are required.
period. (No intermittent
approval is required)
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
12
5.
6.
Majority required
for approval and
revision
Revocation
Special Majority
Simple Majority
Simple Majority
President or by Lok
Sabha with simple
President of India
President of India
1. Parliament makes laws on
1. President can give
directions for Reduction
majority. Special
Session of Lok Sabha
need to be convened
if 10% of total
members give a
written notice to
president/ Speaker.
(Within 14 days)
7.
Consequences
1. State list-Concurrent list
2. Fundamental
rights can be
suspended (other
than art 20,21)
3. Art 358
suspension of FR
under Art 19 Art 359 President suspends
through an order
except Art 20 and 21
4. Centre can give
direction to states on
any matter
5. President can
change constitutional
distribution of
revenues between
Centre and state.
6. Life of Lok Sabha
and Legislative
Assembly can be
extended by one year
at a time indefinitely.
(After emergency
ceases to operate, it
can extend for only 6
months)
7. Parliament cannot
delegate power to
make laws on state
subjects.
state list. (No state legislature)
(No state government exists)
of salaries. (Including
judges and other
constitutional
3. No effect on fundamental
authorities)
rights.
2. Reservation of all
money bills or financial
bills for the consideration
2. Governor administers state
4. President can confer any
authority to Centre.
5. President issues ordinances
on subjects in state list.
6. Parliament can delegate the
power to make laws on state
subjects.
of president.
3. Direction to states to
observe canons of
financial propriety.
STUDYIQ.COM
EMERGENCY PROVISIONS OF THE INDIAN CONSTITUTION
13
8.
9.
Continuation of
laws on state list
Do not continue after
6 months of
revocation
Will continue and state can
No laws are enacted on
amend/repeal them.
state list.
Imposition
3 times-1962, 1971,
1975
More than 100 times
Not yet
STUDYIQ.COM
JUDICIARY & SUPREME COURT
JUDICIARY & SUPREME COURT
•
An ‘independent’ and ‘impartial’ judiciary is an
•
indispensable characteristic of a federal polity
wherever it exists.
Instead of having a ‘dual system’ judiciary like the
USA, India has opted for a unified and integrated
judiciary.
•
Because of the division of power in a federation, it is
quite likely that there will be disputes between the
Centre and the unit and among units themselves.
•
The Judiciary is one of the 3 organs created by the
Constitution, the other two being the Legislature
and the Executive.
•
Thus, in a federation, Judiciary acts like an umpire as
well as assumes vital and specific status.
•
The Judiciary exists to see that the laws made by the
Legislature are intra-vires the Constitution and that
•
In respect of its judicial system, the Indian
Constitution makes a fundamental departure from
the federal Constitutions of the USA and Australia.
they are properly administered by the Executive and
that the authority is not exceeded or abused.
Checks the misuse of power of different organ of the state.
Maintains Supremacy of the Constitution
Judiciary
‘Final Interpreter’ of the Constitution
Upholding the law and enforcing fundamental Rights
Provides a mechanism for resolvingDisputes between citizens
Dispute between ‘citizens’ and the ‘government’
Dispute between two ‘state governments’
Dispute between the ‘centre’ and ‘state’ governments.
1
STUDYIQ.COM
•
JUDICIARY & SUPREME COURT
Indian constitution has established an ‘’integrated judicial system’’ with the Supreme Court at the top and the
high court below it. Below the HC, there is a hierarchy of ‘subordinate courts’.
Hierarchy of the Indian Judiciary
Supreme Court
High Court
1. Apex court of the country
2. Decisions are ‘binding’ on all courts
3. It can transfer judges of the High Courts
4. Can transfer cases from one high court to
another HC
1. It can hear appeals from lower courts
2. It deals with the cases related to the state
3. Can issue writs for restoring the FRs as well as
other legal rights.
4. It controls the lower courts
1. They are presided over by a Judge.
District Courts
2. They administer justice in India at
a district level.
3. These courts are under administrative and
judicial control of the high court of the state to
which the district concerned belongs.
Districts /Subordinate Courts
Civil Court
District Judge Court
Subordinate Judge Court
Munsiff Court
Criminal Court
District Session Court
Chief Judicial Magistrate Court
Judicial Magistrate Court
2
STUDYIQ.COM
JUDICIARY & SUPREME COURT
•
SUPREME COURT
•
the Union and the states and between the units
themselves.
The Supreme Court is the ‘apex court’ (top most in
the hierarchy) in the country.
•
The Supreme Court is the guardian of the
Constitution.
•
It has been set up under the Constitution to act as
the ‘custodian’ and the ‘final interpreter’ of the
And also act as an ‘arbitrator’ of disputes between
•
It also acts as the protector of the fundamental
Rights of individuals guaranteed to them by the
Constitution.
•
It is the highest court of appeal in all fields of law constitutional, civil and criminal.
Constitution.
Articles 124 to 147 in Part V of the Constitution deal with the
Supreme Court.
Constitutional
Article
Supreme Court
Composition
of the SC
CJI + other Judges (it can be increased by
Parliament through making a ‘law’).
The original strength (1950) of the Supreme Court was 8
Change in
Strength
judges. (7+1)
The strength of other judges was increased to-
(10) in the year 1956.
-
(13) in the year 1960
-
(17) in the year 1977.
-
(25) in the year 1986.
-
(30) in the year 2009.
-
(33) in the year 2019
Qualifications
OR
•
•
Should be a citizen of India.
•
Should have been a judge of a High Court or
successive High courts for 5 years.
OR
•
Should have been an advocate of the High Court or
successive High courts for 10 years.
Should have been a distinguished jurist in the
opinion of the President.
Important to Note
The Constitution has not prescribed a ‘’minimum
age’’ for the appointment of a judge of the Supreme
Court.
3
STUDYIQ.COM
JUDICIARY & SUPREME COURT
•
Appointment of Judges
•
•
Article 124 (2) of the Indian Constitution provides
of India’ and such other judges of the ‘Supreme
that the Judges of the Supreme Court are appointed
by the President by warrant under his hand and seal.
Court’ and the ‘High Court’ as the President deems
necessary.
The Chief Justice of India (CJI) is appointed by the
President after consultation with such judges of the
‘Supreme Court’ and ‘High Courts’ as the President
deems necessary.
Violation of the Convention:
•
The other judges are also appointed by the
President after consultation with the ‘Chief Justice
Important to Note:
While appointing the other judges of the Supreme
Court, consultation with the Chief Justice of India is
obligatory for the President.
-
From the year 1950 to 1973 a practice has been
established that the ‘’senior-most judge’’ of the
Supreme Court is appointed as the Chief Justice of
India.
-
In the year 1977 M U Beg was appointed as the
CJI by superseding the then senior-most judge of
the Supreme Court.
-
The convention was violated in the year 1973
when A N Ray was appointed as the CJI by
superseding three senior judges.
In the year 1993 in the 2nd Judges’ case, the
Supreme Court ruled that the senior-most judge
of the Supreme Court alone be appointed as the
CJI.
The 4th Judges’ Case & Evolution of Collegium
The Supreme Court has given ‘different interpretations’ of the word ‘consultation’. These can be seen in the
following judges' casesIssue – The implication of the word ‘consultation’ er
‘Consultation’ does not
amount to ‘concurrence.’
Implication – The ruling
gave the Executive
‘primacy’ over the
‘Judiciary’ in judicial
appointments.
1st Case
2nd Case
‘Institutionalized’ the
‘consultation’ process
Implication – CJI needs to
‘Consultation’ means
‘concurrence’.
Implication – Advice
tendered by the CJI is
‘binding’ on the President.
2) But, CJI would tender
his advice on the matter
after consulting 2 of his
senior most colleagues.
consult plurality of
Judges (4 senior most
Judges of the Supreme
court).
3rd Case
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4th Judges case – Court verdict on ‘National Judicial
•
appointments commission’ (NJAC)
•
Verdict –
-
Background –
-
NJAC act 2014 aimed to replace the ‘collegium
system’ by establishing the ‘National Judicial
Appointment commission’.
-
The Supreme court declared both the 99th
constitutional amendment and NJAC act
unconstitutional.
•
Reason –
-
They brought the 99th constitutional
amendment to the constitution.
1st Judges Case
1982
-
NJAC had certain provisions which would have
led to executive interference in the Judiciary
which would have violated the principle of
‘separation of Powers’
It concluded in the 1st Judges case (1982) that consultation does not
imply agreement, but rather an exchange of viewpoints.
2nd Judges Case
1993
-
SC reversed its earlier ruling and changed the meaning of the word
consultation to ‘concurrence’ - advice by the CJI is binding on the
President. But, the CJI would consult 2 of his seniors most colleagues.
3rd Judges Case
1998
-
Guidelines framed. SC said CJI should consult a collegium of 4 seniormost judges of the Supreme Court and even if two judges give an
adverse opinion, he should not send the recommendation to the
government.
4th Judges Case
2015
-
NJAC act (adopted in 2014) was scrapped and the Collegium system
restored as NJAC would affect the independence of the judiciary.
Collegium System
A forum which decides on appointments, transfer of judges
Origin
Born from the 2nd Judges Case which
was later expanded by 3rd Judges case.
Composition
Chief Justice of India & 4
Supreme Court Judges
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Collegium System
•
The Collegium System is a system under which appointments/elevation of judges/lawyers to the ‘Supreme
Court’ and transfers of judges of ‘High Court’ are decided by a forum of the Chief Justice of India and the
four senior-most judges of the Supreme Court.'
Constitutional precedent
•
There is no mention of the Collegium either in the original Constitution of India or in successive
amendments.
•
The Collegiums System of appointment of judges was born through “2nd Judges case”.
•
The recommendations of the Collegium are binding on the Central Government, if the Collegium sends the
names of the judges/lawyers to the government for the 2nd time (according to the memorandum of
Procedure).
How Collegium System Works?
•
The Collegium sends the recommendations of the names of lawyers or judges to the Central Government
(Ministry of Law and Justice).
•
Similarly, the Central Government also sends some of its proposed names to the Collegium.
•
The Central Government does the fact-checking and investigates the names and resends the file to the
Collegium.
•
Collegium considers the names or suggestions made by the Central Government and resends the file to the
government for final approval.
•
If the Collegium resends the same name again then the government has to give its assent to the names. But
the time limit is not fixed to reply. This is the reason that appointment of judges takes a long time.
Important to Note
-
The National Judicial Commission Act was established in 2014 by the 99th CAA.
It was established to replace the collegium system for appointing judges.
But, the Supreme Court supported the Collegium system and declared NJAC illegal.
The court claimed that the involvement of the political executive in judicial appointments violated the
Principles of Basic Structure, the independence of the Judiciary
Oath
•
Oath of office is administered by the President of
India.
•
In the absence of the President, some other person
appointed by the President would perform the
same.
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Tenure
•
proof of the ‘misbehaviour’ or ‘incapacity’ of a
The Constitution has not fixed the tenure of a judge
of a Supreme Court. But it makes the following
provisions.
•
of an address’ and for the investigation and
Judge.
•
A Judge holds the office till he/she attains the age of
the Judges (Inquiry) Act,1968. Under this Act, a
65 years. Any question regarding age is to be
motion seeking the removal of a Judge can be
presented before ‘either’ House of Parliament.
determined by such authority and in such manner as
provided by Parliament.
•
He can resign his office by writing to the President.
The procedure for removal of the Judge is not
given in the constitution it is governed by the
•
‘Origin’ of Motion for ‘removal’ – It can originate
in ‘Rajya Sabha’ or ‘Lok Sabha’. Notice needs to
•
He can be removed from the office by the President
on the recommendation of the parliament.
be signed by the members (In the case of Rajya
Sabha – 50 members, Lok Sabha – 100 members)
and given to speaker / chairman.
Salary
•
•
The salaries, privileges, leaves and pensions of the
Supreme Court are determined by the Parliament
from time to time.
•
should constitute 3 member committee to
investigate into the charges.
❖ The committee should consist of 1) The ‘Chief
Justice’ or ‘Judge of Supreme court’ 2) a ‘’chief
The salary of the Chief Justice of India is Rs 2,80,000/(earlier 1 lakh)
•
Justice of High court’ 3) A ‘distinguished
Jurists’.
The salary of other Judge of the Supreme Court is
2,50,000/- (earlier 90,000)
•
A judge submits the resignation to the President of
India.
If the committee finds the Judge to be guilty (of
misbehaviour or suffering from incapacity), the
Resignation
•
If it is admitted, then the speaker / Chairman
house can take up consideration of the motion.
•
Requirement – Impeachment motion should be
passed by ‘Special Majority’ (Majority of total
Removal
membership + 2/3rd members of the house
present and voting) and an address is presented
•
The Constitution under Article 124(4) provides
to the President for removal.
that a ‘Judge of the Supreme Court’ can be
removed by the President after an address by
Parliament has been presented to him for such
removal.
•
Further, Parliament under Article 124(5) may by
law regulate the ‘procedure for the presentation
•
Ground for removal – Proved ‘misbehaviour’ or
‘incapacity’.
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Know the Procedure for the removal of the Judges:
Impeachment motion can originate in
either of the Parliament
RS
LS
Signed by 50 m/s
Issues the
Signed by 100 m/s
Presidential order
of Removal
Speaker or
Chairman
Can accept or refuse it.
If refused: Motion
dropped
3 members committee to be
constituted
SC Judge/CJI + CJ of a HC + A
jurist
Committee
framed Charges
A copy goes to the judge
Who can submit a written defence
Final Copy submitted to the
Speaker/chairman
Presented to
the President
IF passed by
LS+RS
Forwarded to the other
house
If passed by the originating
House
Majority of the total members of
the House and
2/3 members present +voting
Issue is taken up for
debate in
parliament
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•
A judge of the ‘Supreme Court’ can be removed
JUDICIARY & SUPREME COURT
•
majority’ an address is presented to the President
through impeachment.
•
•
•
A judge can be removed from office by the President
on the recommendation of the Parliament.
There are 2 grounds that are mentioned in the
Constitution for the removal of a judge of the
Supreme Court:
o
Proved Misbehaviour
o
Incapacity
If it is also passed in the Rajya Sabha with a ‘special
for the removal of the judge.
•
The President passes an order removing the judge.
If the procedure begins in Rajya Sabha
o
Rajya Sabha.
o
o
The Chairman may admit or refuse to admit
the same.
o
If it is admitted the Chairman constitutes a
three-member committee to investigate the
‘Rajya Sabha’.
If the procedure begins in Lok Sabha
A ‘removal motion’ of a Supreme Court
judge is signed by 100 members in the case
of Lok Sabha.
o
The signed removal motion is to be given to
the Speaker.
o
The speaker may ‘admit’ or ‘refuse’ to admit
charges.
•
the same.
o
•
If it is admitted the speaker constitutes a 3
committee to investigate the charges.
•
the CJI (OR) a judge of the Supreme Court
o
A ‘Chief justice of a high court’.
o
A ‘distinguished’ jurist.
The committee should consist of
o
the CJI (OR) a judge of the Supreme Court
o
a chief justice of a high court
o
A distinguished jurist.
If the committee finds the judge to be guilty of
‘misbehaviour’ or suffering from ‘incapacity’ the
Rajya Sabha can take up the consideration of the
motion.
The committee should consist of
o
The signed ‘removal motion’ is to be given
to the Chairman.
The removal procedure of a Judge of the Supreme
Court is initiated either in the ‘Lok Sabha’ or in the
o
A removal motion of a Supreme Court judge
is signed by ‘50 members’ in the case of
•
After it is passed in the Rajya Sabha with a ‘special
majority’ the motion is presented to the Lok Sabha.
•
If it is also passed in the Lok Sabha with a ‘special
majority’ an address is presented to the President
•
If the committee finds the judge to be guilty of
‘misbehaviour’ or ‘suffering’ from incapacity, the Lok
Sabha can take up the consideration of the motion.
•
After it is passed in Lok Sabha with a ‘special
majority’ the motion is presented to the Rajya
Sabha.
for the removal of the judge.
•
The President passes an order removing the judge.
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INDEPENDENCE OF JUDICIARY
Mode of appointment
Security of tenure
Salary/expenses charged upon Consolidated fund of India
Independence of
Judiciary
Conduct cannot be discussed
No practice after retirement
Free to appoint own staff
Jurisdiction and powers cannot be curtailed
Separation from executive
The independence of the Judges of the Supreme Court
is sought to be secured by the Constitution in a number
of ways •
•
The President shall have to consult the ‘Chief
Justice of India’ and a collegium of 4 senior most
judges of the supreme court before appointing a
person as a Judge of the Supreme Court.
Once appointed, a Judge of the Supreme Court
can only be removed from office by the
President on the basis of a resolution passed by
‘both’ houses of parliament.
•
After retirement, a person who held office as a
Judge of the Supreme Court is prohibited from
‘practicing’ or ‘acting’ as a Judge in any court or
before any authority in India.
•
The ‘salaries’ and ‘allowances’ and ‘pensions’ of
the Judges and staff of the Supreme Court as
well as the administrative expenses of the
Supreme court are charged on the Consolidated
Fund of India and are ‘not’ subject to the vote of
the Parliament.
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INDEPENDENCE OF JUDICIARY
The ‘salaries’ and ‘Allowances’ of the Judges of
the Supreme Court cannot be varied to their
disadvantage except during a financial
emergency: and
•
The conduct of a Judge of the Supreme Court
cannot be discussed in Parliament except on a
resolution seeking the removal of a judge.
Exception: The exception is that the Chief Justice of
India may appoint a retired Judge of the Supreme
Court to act as an ad hoc Judge of the Supreme
Court:
Similar to a ‘Judge’ of Supreme court.
To meet the ‘quorum’ of the judges
Objective
Jurisdictions
Ad-hoc
Judges
Qualifications
Appointments
Appointed by CJI - Chief Justice of India
(Needs to consult CJI of High court +
Previous consent of the President).
Judge of High Court (qualified to be
Supreme Court Judge) can be appointed
as a Ad hoc Judge.
Power and Function of the Supreme CourtArticles
Article 129
Article 131
Article 132
Article 134
Article 136
Article 137
Article 138
Provisions
-
Supreme court as a court of record
Original jurisdiction of Supreme Court
Appellate jurisdiction of Supreme Court in certain cases
Appellate jurisdiction of Supreme Court in regard to criminal matters
Special Leave to appeal by the Supreme Court
Review of judgements or orders by the Supreme Court
Enlargement of the jurisdiction of the Supreme Court
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The jurisdiction and powers of the Supreme Court are explained in the below section-
Guarantor of the fundamental rights of the citizens.
Final interpreter and guardian of the Constitution
Final court of appeal like the British House of Lords
Federal Court like the American Supreme Court
Further, it has ‘advisory’ and ‘supervisory’ powers
Power & Functions
Advisory Jurisdiction.
Writ Jurisdiction
Appellate Jurisdiction
Original Jurisdiction
Constitutional Interpretation
A court of Record
Power of Judicial Review
Types of Jurisdiction
Original Jurisdiction
Dispute relating to
Union and States
Appellate jurisdiction
Advisory Jurisdiction
Provides legal opinion on
matter referred it by the
President
Review Jurisdiction
Power of Judicial Review
Violation of FRs
(Writ Jurisdiction)
In Civil Cases
In criminal cases
Constitutional Cases
Special leave to appeal
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The jurisdiction and powers of the Supreme Court can
be classified into the following:
•
In federal disputes, the Supreme court has ‘exclusive
original Jurisdiction’. Here 2 points should be noted
–
Original Jurisdiction
•
‘way of appeal’.
1. First, the dispute should involve a question
on which existence or extent of legal right
depends. The question can be of law or fact
but questions of political nature are
excluded from it.
As a federal court, the Supreme Court decides the
disputes between ‘different units’ of the Indian
Federation.
2. Any suit brought before the Supreme court
by a private citizen against the centre or
state cannot be entertained under this.
The word ‘original’ means the Supreme court
can hear the case in the 1st instance I.e., not by
•
Centre
Centre + State (one or more state)
State
VS.
State (One or more than one state on one side)
VS.
State (one or more state)
VS.
State
Exceptions to original Jurisdiction -
1. Disputes arising from any pre constitution
treaty/agreement/covenant/
engagement etc.
2. Dispute arising due to treaty which clearly
mentions that Supreme court Jurisdiction
does not apply.
Writ Jurisdiction
•
The Constitution has constituted the Supreme Court
as the ‘guarantor’ and ‘defender’ of the
fundamental rights of the citizens.
•
For the enforcement of Fundamental Rights, the
Supreme court can issue writs that are as follows-
Habeas Corpus
3. Inter-State Water disputes
4. Matters referred to the Finance
commission
5. Commercial disputes between Center and
states
6. Recovery of damages by a State against the
Centre.
Mandamus
Writs
Prohibition
Quo-warranto
Certiorari
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Some facts related to the Writ Jurisdiction Exclusive Jurisdiction or not?
Original Jurisdiction or not?
What is the difference
between the writs jurisdiction
of SC or HC ?
The writ jurisdiction of the Supreme court is ‘not’ exclusive as
High court can also issue writs.
Supreme court has original jurisdiction in the sense that an aggrieved
citizen can directly go the SC (Not by a way of appeal)
SC can issue writs for Enforcement of FRs and not for other purpose.
HC can issue writs both for enforcement of FRs and other purposes
Appellate Jurisdiction
•
The Supreme Court is primarily a ‘court of appeal’ and hears appeals against the judgments of the lower courts.
•
It enjoys a wide appellate jurisdiction which can be classified under four heads:
Appeals in constitutional matters.
Appeals in civil matters.
Appeals in criminal matters.
Appeals by special leave.
limit was removed by the 30th constitutional
amendment act, 1972.
Constitutional Matters –
•
•
In constitutional matters, an appeal lies to the
Supreme Court against the judgement of a high court
if the High Court certifies that the case involves a
substantial question of law that requires
interpretation of the Constitution.
Based on the certificate, the party can appeal to
Supreme court on the ground that the question has
been wrongly decided.
Criminal Matters –
The Supreme court hears appeals against judgment in
criminal proceedings of the high court in the following
case,
•
If on appeal the High court has reversed an order of
acquittal of an accused person and sentenced him to
death or life imprisonment or Imprisonment for 10
years.
•
High court has taken a case from any subordinate
court and convicted the accused person and given
him death sentence or life imprisonment or
Imprisonment of 10 years.
Civil Matters •
HC should certify that the 1) Case involves a
substantial question of law 2) Question needs to be
decided by Supreme court.
•
Originally, civil cases involving a sum of 20,000 could
be appealed before Supreme court but the monetary
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•
INDEPENDENCE OF JUDICIARY
The high court certifies that the case is fit for a
Supreme court hearing.
i.
matter of right.
ii.
Can be granted against any judgment – final or
interlocutory (I.e. Intermediate decision not yet
Appeal by Special leave The Supreme Court under Article 136 enjoys the power
granting special leave to appeal from any judgment in
any matter passed by any court or tribunal in the country
Exception – It is not applicable in cases involving courtmartial and military court.
•
Discretionary power – Cannot be claimed as a
given).
iii.
Can relate to any matter – constitutional, civil,
criminal, income tax, labour etc.
iv.
Can be granted against ‘any’ court.
This power has 4 aspects -
Advisory Jurisdiction
•
The Constitution (Article 143) authorizes the ‘President’ to seek the opinion of the Supreme Court in the two
categories of matters-
1st Case
On any question of law or fact of public importance
which has arisen or which is likely to arise.
Supreme court may
tender or may refuse to
tender its opinion
2nd Case
On any dispute arising out of any pre-constitution treaty,
agreement, covenant etc
Supreme court must
tender its opinion
Important to Note
-
In both cases, the opinion expressed by the Supreme Court is only advisory and not a judicial
pronouncement.
-
The opinion provided by the SC is not binding on the President
-
Supreme Court as a Court of Record
•
The Supreme Court is a Court of Record. A Court of Record has 2 meanings:
Its records and Judicial proceedings are of evidentiary value before any court;
It has the power to punish for its own contempt;
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•
Judgments, proceeding, acts of the Supreme court
are recorded for perpetual memory and testimony.
These records have ‘evidentiary value; and cannot
be questioned when produced before any courts.
These are recognised as legal precedents.
•
Supreme court has the power to punish for
contempt with ‘simple imprisonment’ or a “fine”.
The Supreme court power to punish for contempt
extends to high court, subordinate court and
tribunals.
•
•
Criminal contempt means the publication of any
matter or doing of any act which 1) scandalizes or
lowers the authority of the court 2) tends to
interfere with the due course of any judicial
proceedings 3) tends to obstruct the administration
of justice in any manner.
•
However, the following acts shall not amount to
contempt of court:
Contempt of the Court can both ‘civil’ and ‘criminal’
contempt. Civil contempt means ‘willful
disobedience to any judgment, decree, order,
direction, or other processes of a court or willful
breach of an undertaking given to a court.
-
Innocent publication and distribution:
-
a fair and accurate report
proceedings;
fair criticism of judicial act:
-
comment on administrative side of the judiciary.
of
judicial
Power of Judicial Review
•
It is a unique innovation of the American Supreme
Court.
•
In India, the concept of judicial review has been
taken from the American Constitution.
•
It was propounded in the leading case of Marbury vs.
•
It is the power of Supreme court to examine the
constitutionality of ‘legislative enactment’ and
‘executive orders’ of both central and state
government.
Madison in 1803 by Chief Justice Marshal.
Law made by Parliament
constitutional amendment bills
including
Law made by any State Legislature
Any executive order passed by the Union
Any executive order passed by the state.
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The Supreme Court and High Courts both enjoy the power of Judicial Review in India.
To examine the Constitutionality of legislative enactments and
constitutional amendment bills
Judicial Review
Constitutionality of the Executive orders (State + central)
To uphold the principle of the supremacy of the Constitution
Why
the
need??
To maintain the concept of federalism (balance b/w centre & state)
To protect the fundamental rights of the citizens.
Legislative enactments or executive
order can be challengedIf it infringes the fundaments rights (Part III)
If it is outside of the competence of the authority which has framed it
If it is repugnant to the constitutional provisions
Supreme Court used the power of
judicial Review
Golaknath Case (1967)
Bank nationalization case (1970)
Privy Purse Abolition case (1971)
Kesavananda Bharti Case (1973)
Minerva Mills Case (1980)
Important to Note
On examination of the constitutional validity, if they are found to be violative of the Constitution (ultra-vires), they
can be declared illegal, unconstitutional and invalid (null and void) by the Supreme Court. Consequently, they
cannot be enforced by the Government.
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fundamental rights” guaranteed to the citizens
Constitutionality of the Judicial Review:
•
•
of the country.
Judicial Review is the process by which the Judiciary
reviews the validity of laws passed by the legislature.
The words “Judicial Review” is not mentioned in the
The provisions of Article 13 ensure the
protection of fundamental rights and consider
any law “inconsistent with or in derogation of
Constitution. (Derived from Article 13(1) and 13(2)
the fundamental rights” as void.
-
Article 13 of the Constitution prohibits the
Parliament and the state legislatures from
making laws that “may take away or abridge the
-
-
Under Article 13, the term ‘law’ includes any
“Ordinance, order, bye-law, rule, regulation,
notification, custom or usage” having the force
of law in India.
Other Powers
•
decision and can depart from it in the interest of
justice or community welfare. In brief, the
Supreme Court has numerous other powers:
-
-
The Supreme Court is the ‘ultimate interpreter’
of the Constitution.
Supreme Court is a self-correcting institution.
The election disputes related to the ‘President’
and ‘Vice President’ can be challenged only in
the Supreme Court and the decision of the
Supreme Court shall be final. It has the original,
Kesavananda Bharati case (1973) its previous
Example-
It enquires into the conduct and behaviour of the
chairman and members of the UPSC on a
reference made by the president. If it finds them
-
It has the power to review its own judgement or
order. Thus, it is not bound by its previous
overruled
in
-
It is authorised to withdraw the cases pending
before High court and dispose them itself. It can
transfer a case / appeal pending before one high
court to another.
-
Its law is binding on all courts in India. It decree
/ order is enforceable all across the country. All
authorities should act in aid of the Supreme
court.
-
It holds the power of judicial superintendence
and control over all the courts and tribunals
functioning in the entire territory of the country.
guilty of misbehaviour, it can recommend to the
president for their removal. The advice tendered
by the Supreme Court in this regard is binding on
the President.
court
judgement given in Golaknath case (1967).
exclusive and final authority in this regard.
-
Supreme
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.
HIGH COURT
•
•
•
•
•
Constitutional articles dealing with High courts
- Articles 214 to 231 (Part VI).
Origin - 1862 - High courts were set up at
‘Calcutta’, ‘Bombay’ and ‘Madras’.
Components of Judiciary in a state – ‘High Court’
and ‘Subordinate Court’s.
Constitutional provision – There shall be a ‘High
court’ for each state (Article 214)
7th constitutional amendment – Authorized
‘Parliament’ to establish a single high court for 2
or more states also establishment can take place
for 2 or more state + a ‘Union Territory’.
•
•
•
•
Territorial Jurisdiction – ‘Co – terminus’ with the
territory of the state and in case for common
high court it is co – terminus with territory of
concerned ‘State’ + ‘Union territory’.
Present position – Total – 25 high courts, High
courts with jurisdiction of more than 1 state – 3.
High courts and Union territories - ‘Only’ union
territory to have its own high court – Delhi, J&K
+ Ladakh have a common High court, Other UT’s
- Come under jurisdiction of different states.
Parliament – Possesses the power to ‘extend’ or
‘exclude’ jurisdiction of any High court from UTs.
COMPOSITION AND APPOINTMENT
•
•
Composition – Chief Justice of HC + other
Judges.
Strength of the High court - Determined by the
‘President’ (in case of ‘Supreme court’ it is
determined by the ‘Parliament’).
Appointment of High court Judge –
−
♦
• Appointed – By President
• Process for appointment ✓ Chief Justice of High court – Appointed by
‘President’ after consultation with CJI (Chief
Justice of India) + Governor of state concerned.
✓ Other Judges – By ‘President’ after consultation
with CJI (Chief Justice of India) + Governor of
♦
state concerned + CJ – HC (Chief Justice of High
court – Particular state).
3 ‘Judges case’ and High courts - The cases have
been dealt in in the previous handout, now we
will focus only on those aspects which impacted
High court appointment 2nd Judges case – No appointment of High court
Judge unless it's in conformity with opinion of
CJI.
3rd Judges case – CJI should consult 2 ‘senior
most Judges’ (In case of Supreme court it is 4
senior most Judges).
QUALIFICATION, OATH AND SALARY
Qualifications –
•
•
•
Citizen of India.
Held ‘Judicial office’ for 10 years.
‘Advocate of High court’ (or High courts in
succession) for 10 years.
• Remember – Few important points ✓ No ‘minimum age’ has been prescribed.
✓ No provision exists for ‘appointment’ of a
‘distinguished Jurist’ in High court.
✓ Retirement age – 62 (Incase of Supreme court it
is 65)
✓ Any question about age can be settled by
‘President’ (In case of Supreme court it is
Parliament)
Oath –
•
•
By - ‘Governor’ of a state (or some person
appointed by him).
Oath –
1. To bear ‘True Faith’ and ‘allegiance’ to the
constitution of India,
2. To uphold the ‘sovereignty’ and ‘integrity’ of
India,
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3. To duly and faithfully and to the best of his
ability, knowledge and judgment perform
the duties of the office without fear or favor,
affection or ill – will.
4. To uphold the constitution and the laws.
Tenure –
•
•
•
Salaries and Allowances –
•
•
Determined by ‘Parliament’ from time to time.
Salaries – Charged on ‘consolidated fund of the
state’ Pension – Charged on ‘consolidated fund
of India’.
•
Maximum age – 62 (Question regarding age are
determined by – President).
Resignation – Need to write to the President
Removal – By President on ‘recommendation’ of
the Parliament.
Vacates his office – When he becomes the judge
of Supreme court, or he is transferred to other
High court.
REMOVAL OF JUDGES
(Same as Supreme court Judges) •
•
•
•
Constitutional provision – By an ‘order’ of the
President after an address by each House of
Parliament.
Requirement – Impeachment motion should be
passed by ‘Special Majority’ (Majority of total
membership + 2/3rd members of the house
present and voting).
Ground for removal – Proved ‘misbehavior’ or
‘incapacity’.
Judges Inquiry act, 1968 – ‘Regulates’ the
procedure for ‘removal’ of a Supreme court
Judge (Procedure on how to investigate proof of
misbehavior or incapacity of a Judge +
Presentation of an ‘address’ by ‘Parliament’ to
President with regards to Removal).
Procedure –
✓ Motion needs to be passed by ‘both’ houses of
Parliament (Rajya Sabha + Lok Sabha) by ‘Special
Majority’.
✓ After being passed an address is given by
‘Parliament’ to the ‘President.’
✓ President passes the order for ‘Impeachment.’
✓ No Judge of High court has been impeached so
far.
Transfer of High court Judges –
•
•
By - President
Process – President consults CJI (Chief Justice of
India) who should consult his collegium (4 senior
most judges of the Supreme court) + CJ of the 2
High courts (1st – From where the ‘Judge’ is
transferred 2nd – To where the ‘Judge’ of High
court is transferred).
Independence of High court –
✓ ‘Origin’ of Motion for ‘removal’ – It can
originate in ‘Rajya Sabha’ or ‘Lok Sabha’. Notice
needs to be signed by the members (In case of
Rajya Sabha – 50 members Lok Sabha – 100
members).
✓ Speaker/Chairman - Can ‘accept’ or ‘reject’ the
motion.
✓ If accepted Speaker/Chairman creates a ‘3member committee’. Purpose of the committee
– Investigate the charges.
✓ Composition of the committee – 1) CJI or Judge
of the Supreme Court, 2) CJ of high court 3) A
‘distinguished’ jurist.
✓ If charges are ‘proved’ by the committee
Parliament takes the motion for ‘removal.’
❖ Mode of Appointment- appointed by the
president in consultation with the members of
the judiciary itself
❖ Security of tenure – Removed from office by the
President only in the manner and on the grounds
mentioned in the Constitution
❖ Fixed service conditions – Cannot be changed to
their disadvantage after their appointment
except during a financial emergency
❖ Expenses charged on the consolidated fund of
the state thus are non-votable by the State
legislature (can only be discussed)
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INDEPENDENCE OF JUDICIARY
❖ Conduct of judges cannot be discussed in
Parliament or in a State Legislature except when
an impeachment motion is under consideration
❖ The retired permanent judges of an HC are
prohibited from pleading or acting in any court
or before any authority in India except the SC
and the other high courts
❖ Power to punish for its contempt.
Contempt of court
● Power of the court to protect its dignity and authority.
● Regulated by Contempt of Courts Act, 1971. (but not restricted to it)
● Not defined by the Constitution.
Contempt of court can be of two kinds:
●
Civil: Willful disobedience of a court order or judgment or willful breach of an undertaking given to a
court.
● Criminal: written or spoken words or any act that
○ Scandalises the court
○ Lowers its authority or
○ Interferes with the course of a judicial proceeding or
○ Obstructs the administration of justice.
Relevant provisions:
●
●
●
Article 129: empowers the Supreme Court to punish for its contempt.
Article 215: empowers High Court for the same.
Section 10 of The Contempt of Courts Act of 1971: defines the power of the High Court to punish for
contempt of subordinate courts.
The Constitution includes contempt of court as a reasonable restriction to freedom of speech and expression
under Article 19.
Acting, Additional and Retired Judges –
•
Acting chief Justice – Appointed by ‘President’
to meet and act as an acting chief Justice of High
court in the following situations –
1. The office of chief Justice of the High
court is vacant.
2. The chief Justice of high court is
temporarily absent.
3. The chief Justice of the High court is
unable to perform the duties of his
office.
•
•
•
•
•
Acting and additional Judge – Appointed by
‘President’ due to absence of a Judge. He holds
office till permanent Judge return.
While ‘additional Judge’ of a high court by the
President for a temporary period for 2 years.
Retired Judge - Appointed by the ‘Chief Justice
of High Court’ with previous consent of
President and person to be appointed. He can
be appointed for a ‘temporary period’.
Salaries and allowances - Determined by
‘President’.
He is ‘not’ deemed to be Judge of High Court.
JURISDICTION OF HIGH COURTS
Original Jurisdiction - (Hear disputes in the 1st instance
not by way of appeal) •
•
Matters related to ‘admiralty’ and ‘contempt of
court’.
Disputes relating to the election of members of
‘Parliament’ and ‘State legislatures.
•
•
•
Revenue matter
‘Enforcement’ of Fundamental Right
Cases transferred from subordinate court –
Those Involving interpretation of the
constitution.
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•
INDEPENDENCE OF JUDICIARY
4 High courts (Calcutta, Bombay, Madras and
Delhi HC) have original civil jurisdiction in cases
of higher value.
♦
Supervisory Jurisdiction ✓ High Court ‘supervises’ and ‘controls’
subordinate courts.
✓ Any matter adjudged by tribunal can be
appealed to High Court. (No direct appeal to
Supreme Court).
Writ Jurisdiction - (‘Article 226’ of the constitution) •
•
‘Wider’ than the Supreme court (HC can issue
writ for both FRs + Ordinary legal Rights).
‘Writ Jurisdictions’ forms part of the ‘basic
structure’ of the constitution.
Control over Subordinate Courts ✓ High court deals with matter of promotion,
transfer, discipline of Judicial members of
subordinate courts.
Appellate Jurisdiction - (By way of appeal) •
♦
Major job of High court is as a ‘court of appeal’.
The appeal before high court lies in following
cases Criminal matter – Punishment which is greater
than 7 years.
Death sentence – given by district court shall be
confirmed by the High court.
Court of Record ✓ Judgements are recorded for perpetual memory.
✓ Power to punish for ‘contempt of court.’
JUDICIAL REVIEW
•
•
•
•
Origin of the concept – USA (Marbury vs
Madison case)
Power of ‘Judicial Review’ – Both ‘Supreme
court’ and ‘High court.’
Forms part of ‘basic structure’ of the
constitution.
Definition – It is the power of the Judiciary to
examine the constitutionality of ‘legislation
Articles
Article 13
Article 32
Article 131
Article 132
Article 133
Article 134
Article 134 A
Article 135
Article 136
Article 143
Article 226
Article 227
Article 245
Article 246
Article
251/254
Article 372
•
enacted’ and ‘executive orders’ of governments
(both central and state).
Term - Judicial Review is not found in the
constitution. Various articles in the constitution
explicitly confer these powers on the Supreme
court.
Provisions
Laws inconsistent or in derogation of FRs to be declared null and void
Right to move to supreme court for enforcement of FRs (SC can issue writs)
Original Jurisdiction to supreme court in case of federal disputes
Appellate Jurisdiction of Supreme court in constitutional cases
Appellate Jurisdiction of Supreme court in civil cases
Appellate Jurisdiction of Supreme court in criminal cases.
Certificate of appeal to Supreme court from High court
Exercise powers of Federal court under any pre constitution laws
Special leave power of Supreme court
President can seek the opinion of the supreme court
High court writ power
High court - Power of Superintendence over all courts and tribunals within their respective
territorial jurisdiction.
Territorial extent of laws made by Parliament and State legislature
Subject matter of laws made by Parliament + State Legislature
Central vs state laws – The state laws prevail.
Continuance in force of Pre constitution laws
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INDEPENDENCE OF JUDICIARY
Constitutional validity of legislative enactment or an
executive order can be challenged in the Supreme Court
or in the High Courts on the following three grounds.
✓ It infringes the ‘Fundamental Rights’ (Part III).
✓ It is ’outside’ the ‘competence of the authority’
which has framed it.
✓ It is ‘repugnant’ to the ‘constitutional
provisions’.
•
•
•
Judicial review – Nature of Powers
•
•
Narrow compared to USA as Indian constitution
only provides for ‘procedure established by law’
instead of ‘due process of law’ (Though later
through Supreme court Judgments due process
of law has also been introduced.).
In effect – India is a blend of American principle
of ‘Judicial supremacy’ and British principle of
‘Parliamentary supremacy’.
•
Judicial Review and 9th schedule -
Article 31 B – Saves ‘acts’ and ‘regulations’
included in the 9th schedule from being
challenged and invalidated on the grounds of
‘contravention’ of Fundamental Rights.
(Provision was introduced by the 1st
constitutional amendment act).
Originally – 9th schedule had 13 acts and
regulations. But it kept increasing (2016 –
Number was 282).
Composition of 9th schedule – Contains
provisions regarding Land reforms + abolition of
Zamindari system + Other matters.
I.R Coelho judgment – Supreme court stated
that there could ‘not’ be any blanket immunity
from judicial reviews of laws included in the 9th
schedule. 2) Laws placed under the Ninth
Schedule after Kesav Nanda Bharti case (April
24th, 1973) are open to challenge in court if they
violate Fundamental Rights guaranteed under
the Articles 14, 15, 19 and 21 or the ‘basic
structure’ of the Constitution.
JUDICIAL ACTIVISM
•
•
•
Active role played by the Judiciary to - Uphold
the right of citizens + Preserve the legal and
constitutional system is known as ‘Judicial
Activism’. (It is opposite of Judicial restraint
which encourages Judges to limit the exercise of
their own power).
Origin – USA (United states of America).
Introduction in India - Justice V.R. Krishna Iyer,
Justice P.N. Bhagwati, Justice O. Chinnappa
Reddy and Justice D.A. Desai laid the
foundations of judicial activism in the country.
Public Interest Litigation (PIL) - Outcome of Judicial
review.
•
•
•
•
Definition – PIL refers to case filed in court to
protect ‘public interest’ (example pollution,
road safety etc.)
Scope – ‘Any’ matter where interest of ‘public at
large’ is affected can be addressed by filing PIL.
Fact – ‘No’t defined in any statute or act. It was
a power given by court to public
Ways – Suo motu (courts on their own) or any
public-spirited individual can file the case.
•
•
Who can file a PIL? – Any citizen by filing a
petition under Article 32, Article 226, Section
133 criminal procedure code.
Against whom can it be filed? – State/Central
Government, Municipal authority – ‘cannot’ be
filed against a private party.
Some important cases related to PIL (only those have
been discussed which are Prelim relevant).
•
•
•
•
•
1st reported case of PIL – Hussainara khatoon vs
State of Bihar
Case and its implications – Case focused on
inhuman conditions of prisons. Led to release of
more than 40,000 undertrial Prisoners.
PIL became a ‘potent’ weapon for public interest
via case – SP Gupta vs Union of India
Justice PN Bhagwati - Judge in ‘SP Gupta vs Uol’
- PIL was ‘clearly’ enunciated by him.
PIL - Any member of the public/social action
group can file PIL (by invoking writ Jurisdiction of
Courts - both High court or Supreme court) to
seek remedy for violation of legal or
constitutional rights of persons who cannot
approach court themselves (due to social or
economic or any other disability).
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•
INDEPENDENCE OF JUDICIARY
‘Private interest case’ can also be treated as
‘public interest case’ - If an individual has moved
to court to seek remedy for personal grievance,
the court can take it necessary to enquire into
the situation to further ‘public interest’ (Case Indian Banks’ Association, Bombay & Ors. vs.
M/s Devkala Consultancy Service and Ors).
■
●
●
Problems of Indian Judiciary
●
●
Pendency of cases:
○ As of May 2022, over 4.7 crore cases are
pending in courts across different levels
of the judiciary.
●
Government initiatives for reforming judiciary
National Mission for Justice Delivery and Legal Reforms
●
It ensures better access to justice by
○ Reducing delays
○ Enhancing
accountability
structural change
●
●
●
●
Vision: transform Indian Judiciary by ICT
enablement of Courts.
It is a Pan-India Project
Funded by: Department of Justice, Ministry of
Law and Justice, GOI
through
Gram Nyayalayas:
●
E-Courts Project:
●
87.4%
are
pending
in
subordinate courts
■ 12.4% in High Courts.
Inadequate no. of judges: Poor judge-topopulation ratio increases the workload of
judges who are already disposing off a number
of cases.
Increase in the number of undertrials lodged in
prisons
Inadequate infrastructure: It has resulted in
overburdened courts, prompting a massive
backlog of cases.
Under-utilisation of funds sanctioned.
Corruption
Based on “National Policy and Action Plan for
Implementation
of
Information
and
Communication Technology (ICT) in the Indian
Judiciary – 2005”
●
●
Gram Nyayalayas Act, 2008 was enacted to
provide for the establishment of Gram
Nyayalayas
These are mobile village courts.
Aim: provide justice to poor people
Article 39A of the constitution
Directs the state to ensure that the operation of the legal system promotes justice, on a basis of equal opportunity
and shall provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities.
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INDEPENDENCE OF JUDICIARY
Alternative Dispute Resolution (ADR) Mechanism:
●
●
●
They are methods of resolving ‘disputes’ other
than litigation in Courts.
Looks into all types of matters related to civil
disputes, as explicitly provided by the law.
Acts dealing with ADR
○ Legal Services Authority Act, 1987
(established Lok Adalat System)
○ Arbitration and Conciliation Act, 1996
Various models of ADR
Arbitration
The dispute is settled by an arbitral tribunal and decision is mostly binding on the parties.
Mediation
An impartial person helps the parties to reach a resolution mutually agreed by both.
Conciliation
An impartial third party helps the parties in dispute to settle the dispute.
Less formal form of arbitration.
Parties are free to ‘accept’ or ‘reject’ the recommendations.
Parties bargain for advantage.
Most common form of resolving a dispute
Negotiation
Recent steps taken to reduce pendency of cases in India
–
● Scrapping redundant laws
Advantages of ADR (Alternate Dispute Resolution)
National Court Management System:
1. Less expensive
2. Less time-consuming
3. Free from technicalities vis-à-vis conducting of
cases in law courts.
4. Parties are free to discuss their difference of
opinion without any fear of disclosure before
any law courts.
5. No winning or losing side and grievance is
redressed at the same time.
●
●
●
National Litigation Policy
○ Aim: reduce government litigations
○ Government launched Legal Information
Management and Briefing System as a
database of cases with government as a
party
Fast Track Courts: for quick disposal of cases
pending in the lower courts
Nyaya Mitra Scheme: Reduce pendency of cases
SUBORDINATE COURTS
Subordinate or Lower Court
Civil Courts
Criminal Courts
Constitutional Provisions
●
Articles 233 to 237 of the Constitution of India
Revenue Courts
●
●
Part VI of the Constitution of India
They function under the HC at district and
lower levels.
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INDEPENDENCE OF JUDICIARY
Important Articles related to subordinate Courts
Articles
Articles 233
Articles 234
Articles 235
Articles 237
Provisions
Appointment of district judges.
Recruitment of persons other than district judges to the judicial service
Control over subordinate courts
Application of the provisions to a certain class/es of magistrates
Appointment of District judges
●
●
Authority - Governor in consultation with the
high court.
Qualification
○ He shouldn't already be working for the
central or state governments.
○ He should have been an advocate or a
pleader for 7 years.
○ The high court should recommend him
for appointment.
Appointments of Persons (other than District judges)
●
Authority: The governor of the state after
consultation with the ‘State Public Service
Commission’ and the ‘high court’.
Control over Subordinate Courts
●
The high court has jurisdiction over the posting,
promotion, and leave of personnel in a state's
judicial service, as well as any position below
that of district judge.
Interpretation
●
●
District judge includes Judge of a city civil court, additional district judge, joint district judge, assistant
district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency
magistrate, sessions judge, additional sessions judge, and assistant sessions judge.
Judicial service: A service consisting exclusively of persons responsible for filling the post of district judge
and other civil judicial posts inferior to the post of the district judge.
Structure and Jurisdiction
●
●
The states define the subordinate judiciary's
organisational structure, jurisdiction, and
terminology.
There are 3 tiers of ‘civil’ and ‘criminal’ courts
below the HC of state.
District and Sessions Court
●
●
●
●
●
Authority: District Judge (Highest judicial
authority in the district).
Powers: ‘Original’ and ‘appellate’
jurisdiction in both civil (known as
district judge) and criminal matters
(known as sessions judge)
○ Exercises
both
‘judicial’
and
‘administrative’ powers
Power of superintendence over all the
subordinate courts in the district.
Appeals against its orders and judgements lie to
the High Court
Sessions judge can impose any sentence
including ‘life imprisonment’ and ‘capital
punishment’. However capital punishment
passed by him is subject to confirmation by
High Court, whether there is an appeal or not.
Court of Subordinate Judge / Court of Chief
Judicial Magistrate
●
●
Subordinate
judge:
Exercises
unlimited pecuniary jurisdiction over
civil suits.
The chief judicial magistrate: Decides criminal
cases with a maximum punishment of seven
years imprisonment.
Court of Munsiff / The Court of Judicial Magistrate
●
The
Munsiff:
possesses
limited
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●
jurisdiction and decides civil cases of
small pecuniary stake.
Judicial magistrate: tries criminal cases with
maximum imprisonment of 3 years.
National Legal Services Authority
(NALSA)
●
●
●
●
●
Type: A statutory authority.
Establishment:
Under
Legal
Services
Authorities Act, 1987, In force December, 1995
Objective: Provide competent legal services to
weaker sections of the society at no cost.
Patron-in-chief: The Chief Justice of India
Executive Chairman: The second senior-most
judge of the Supreme Court of India.
INDEPENDENCE OF JUDICIARY
●
Spreading Legal Awareness camps in rural
areas.
Persons eligible for getting free legal services
●
●
●
●
●
●
●
●
Women and children
Members of SC/ST
Industrial workmen
Victims of mass disaster, violence, flood,
drought, earthquake, industrial disaster
Disabled persons
Persons in custody
Persons whose annual income does not
exceed Rs. 1 lakh (in the Supreme Court
Legal Services Committee the limit is Rs.
1,25,000/-)
Victims of trafficking in human beings or beggar
Structure
Lok Adalats
Following authorities have been constituted to give
effect to policies and direction of NALSA. In addition they
provide free legal service to the people and conduct lok
adalats in the state.
●
●
●
●
●
State Legal Services Authority: At the state
level
● NALSA provides funds for the State
Legal Services Authority for the
implementation of various legal aids
and programmes.
District Legal Services Authority: District level
Supreme Court Legal Services Committee:
To administer and implement the legal
services programme in so far as it relates to
the SC.
High Court Legal Services Committee:
Constituted in every HC
Taluk Legal Services Committees:
Constituted in most of the Taluks to
provide free legal services to the people
and conduct Lok Adalat in the State
Objectives
●
●
●
Providing free and competent legal services to
the weaker sections of the society
Speedy disposal of cases and reducing the
burden of the judiciary
Organizing Lok Adalats
●
●
●
●
●
One of the ‘alternate dispute resolution’
mechanisms.
Also known as “People’s Courts”
Based on ‘Gandhian principles’.
Cases in the pre-litigation stage (not yet
brought before a court) are settled in a
cordial manner
First Lok Adalat- organised in Gujarat in 1982
Organisation
●
●
Organised by the State/District Legal
Services Authority or the Supreme
Court/High Court/Taluk Legal Services
Committee.
NALSA along with other Legal Services
Institutions conducts Lok Adalats.
Composition
● Consist of such number of ‘serving’ or
‘retired’ judicial officers and other persons
as may be specified by the agency (The
State/District Legal Services Authority, or
the Supreme Court/High Court/Taluk Legal
Services Committee)
• Generally composed of a
‘chairman’ (Judicial officer), a
lawyer (advocate), and a ‘social
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worker’ as members.
Jurisdiction
● Any case pending before any court, or
● Any matter which is falling within the
jurisdiction of any court and is not brought
before such court.
● It is important to remember that Lok Adalats
hold no jurisdiction in non – compoundable
offenses (i.e. offenses which cannot be
settled).
INDEPENDENCE OF JUDICIARY
Benefits of Lok Adalat
●
●
●
●
Any case pending before the court can be referred to
the Lok Adalat for settlement if –
●
●
Parties (or one of the parties or the court)
agree to settle the dispute in the Lok Adalat
Case of a pre-litigation dispute- on receipt of
an application from any one of the parties to
the dispute
○ Cases like matrimonial/family disputes,
criminal (compoundable offences)
cases, land acquisition cases, labour
disputes, workmen’s compensation
cases, bank recovery cases, etc.
○ No jurisdiction in respect of any case or
matter relating to an offence not
compoundable under any law.
Permanent Lok Adalats
●
●
Same powers as a Civil Court under the ‘Code
of Civil Procedure’ (1908)
●
Powers to specify its own procedure
for the determination of any dispute
arriving before it
Its proceedings are deemed to be judicial
proceedings within the meaning of the Indian
Penal Code (1860) and
Every Lok Adalat shall be deemed to be a Civil
Court for the purpose of the Code of Criminal
Procedure (1973)
The award given is final and binding on all
the parties to the dispute.
➔ No appeal shall lie to any court
against the award of the Lok Adalat.
●
●
●
The Legal Services Authorities Act, 1987
was amended in 2002- It provided for the
establishment of the Permanent Lok
Adalats to deal with cases pertaining to the
‘public utility services’ like transport,
postal, telegraph etc
Set up as ‘permanent bodies’
Features
●
Composition - A Chairman who is or has been
a ‘district judge’ or ‘additional district judge’
or has held judicial office higher in rank than
that of the district judge and two other
persons having adequate experience in
‘public utility services’.
●
Pecuniary jurisdiction – up to 1 crore
●
No jurisdiction – in case of Non-compoundable
cases
Formulates the terms of a possible
settlement and submit them to the parties
for their observations and in case of
agreement, the Permanent Lok Adalat shall
pass an award in terms thereof. The
disputes are decided on merit if the parties
fail to reach an agreement.
Award: ‘Final’ and ‘binding’
Powers of Lok Adalat
●
No court fee and if the court fee is
already paid, the amount will be
refunded on settlement of the
dispute at Lok Adalat
Speedy trial of the disputes
No strict application of procedural laws like
CrPC and Evidence Act.
Parties to the dispute can directly
interact with the judge through their
counsel (not possible in regular courts
of law)
●
●
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INDEPENDENCE OF JUDICIARY
Family Courts
●
●
Establishment: By Family Courts Act, 1984
Objective: Speedy settlement of disputes
related to marriage and family issues
Objective –
•
•
•
•
Create specialized court which exclusively deal
with ‘family matters’. These courts will have the
expertise to deal with such cases expeditiously.
Institute a mechanism for conciliation of
disputes relating to family.
Provide Inexpensive remedy.
Have some flexibility and informal atmosphere
in conduct of proceedings.
Features (Family courts Act)
●
●
●
●
●
●
●
●
●
●
Provide for establishment of Family
Courts by the State Governments in
consultation with the High Courts
Mandatory for State Governments to set
up a Family Court in every city or town
with a population exceeding 1 million
Can be set up in other areas too if required by
State Government
Exclusive jurisdiction in cases of:
○ Matrimonial relief, matters related to
divorce and nullity of marriage
○ Property of spouses
○ Declaration of the legitimacy of one
person
○ Guardianship of a person or custody of
any minor
○ Maintenance of wife, children and
parents
Obligatory for Family Court to first
reconciliate in an ‘informal manner’.
Social welfare agencies, counsellors,
etc., can be associated during the
conciliation stage
Service of medical and welfare experts can also
be availed while deciding disputes
No right to be represented by a legal practitioner
(but court can seek assistance of a legal expert
as amicus curiae.
Simplified rules of evidence and procedure.
Parties shall have only one right of appeal which
shall lie to the High Court
Gram Nyayalayas
●
●
Establishment: The Gram Nyayalayas Act, 2008
Objective: Access to justice at doorsteps
○ Ensure that no citizen's right to justice is
denied due to social, economic, or other
impairments.
Features
Each Gram Nyayalaya is a 1st class Judicial
Magistrate's court.
● Appointment
of
presiding
officer
(Nyayadhikari): By State Government, in
collaboration with High Court who is strictly a
judicial officer.
● Location : Gram Nyayalaya shall be established
at intermediate-level Panchayat in a district, or
group of contiguous ‘intermediate-level
Panchayats’ in a district.
● Headquarters of Gram Nyayalayas will be
located
at
intermediate
Panchayat's
headquarters.
● A mobile court: that would have both ‘criminal’
and ‘civil’ jurisdiction.
● In criminal cases: the Gram Nyayalaya will use a
summary procedure.
● The Gram Nyayalaya will have the same powers
as a Civil Court, with few exceptions, and will
follow the unique procedure set out in the Act.
Need for Gram Nyayalayas
●
●
●
●
In India, access to justice for the poor and
disenfranchised is a recurring issue.
Various efforts are being taken in this direction,
including the simplification of procedural
legislation, the establishment of alternative
conflict resolution methods, the establishment
of fast-track courts, and the provision of free
legal assistance to the needy.
Despite these efforts, access to justice and
quick, low-cost conflict resolution at the
grassroots level have failed to materialise.
Significance of Gram Nayalayas
●
Transferring justice to the fourth rung
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●
●
●
Ensuring that all people have equal access to
justice
Decreasing the administrative load on district
courts
Dispensing justice more quickly
INDEPENDENCE OF JUDICIARY
●
●
Lowering the expenses of litigation for the
average person
minimises reliance on extra-constitutional
justice forums
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PANCHAYATI RAJ
PANCHAYATI RAJ INSTITUTION
experiment was the ‘’National Extension Scheme’’
(NES) which was launched in 1953.
Background:
•
The local self-government marked its beginning in
•
In 1957 the Government of India appointed a
Committee under ‘’Balwant Rai Mehta’’ to examine
the working of these 2 programs.
•
The Committee recommended the creation of a 3 -
the ‘Ripon Resolutions’ of ‘1881’ and ‘1882’. After
independence, several efforts were made for the
revival of the institutional setup of the ‘’local selfgovernment’’.
•
In October 1952, ‘’Community Development
Programme’’ (CDP) was started. The second
tier Panchayati Raj System.
Balwant Rai Mehta Committee, 1957
Reason
It was appointed to look into the
functioning of CDP & NES.
Submitted Report, Nov. 1957
Outcome
Recommendation accepted by NDC, 1958
Recommended for the establishment
of the scheme of ‘’democratic
decentralization’’.
The scheme known as ‘’Panchayati
Raj’’
Three Tier System
-
Rajasthan was the first
state to est. Panchayati
Raj, Oct. 02, 1959
-
Gram panchayat at the
village level
Panchayat samiti at the
block level and
Zila parishad at the district
level.
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PANCHAYATI RAJ
Important to Note
There were many differences among the states in the structure and function of the Panchayati Raj.
-
The states like Rajasthan and Andhra Pradesh adopted 3 tier systems.
-
West Bengal adopted 4 tier system.
-
Tamil Nadu adopted the 2-tier system.
-
Some states also established Nyaya Panchayats, that is, judicial panchayats to try petty civil and criminal
cases.
Major Committees’ on Panchayati Raj institution
Balwant Rai Mehta committee (1957)
Ashok Mehta committee (1977)
Hanumanth Rao committee (1983)
G.V.K Rao committee (1985)
LM Singhvi committee (1986)
P.K Thungan committee (1989)
Major RecommendationBR Mehta Committee
•
B.R. Mehta Committee recommended the establishment of a ‘3-tier structure’ of Panchayati Raj system.
Village Panchayat
Constituted with ‘directly’ elected members
Should be the ‘’executive body’’
Panchayat Samiti
Constituted with ‘’indirectly’’ elected members
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PANCHAYATI RAJ
Constituted with ‘’indirectly’’ elected members
Zilla Parishad
Should be advisory & supervisory body
District collector should be the chairman
•
All the planning and development activities should
be entrusted to the Panchayati raj bodies.
•
•
There should be a genuine transfer of powers and
responsibility to these democratic bodies.
•
•
These bodies should be transferred with adequate
resources.
The NDC said that the basic principles should be
identical throughout the country, though it did not
insist on a single rigid pattern and left it to states to
evolve their own pattern according to local
conditions.
•
A system should be evolved for the further
devolution of authority in the future.
•
To strengthen the Panchayati Raj system the Ashok
Mehta Committee made 132 recommendations.
•
The Committee recommended the adoption of ‘’2
tier structure’’-
The National Development Council (NDC) accepted
the recommendations in January 1958.
Ashok Mehta Committee
•
In December 1977 (Janata Party Government) Prime
Minister Morarji Desai appointed a committee on
‘’Panchayati Raj institutions’’.
•
Ashok Mehta was the ‘’chairman’’ of the committee.
•
The Ashok Mehta Committee submitted the report
in August 1978.
•
District Level
Zilla Parishad
Mandal Level
Mandal Panchayat
Mandal Panchayat is a group of villages with a
population of 15,000 to 20,000.
•
The Zilla Parishad at the district level should be the
executive body.
•
The Zilla Parishad must be made responsible for
planning at the district level.
•
There should be official participation of political
parties at all levels of Panchayat elections.
•
The Panchayati Raj institutions must have
compulsory powers of taxation to mobilize their own
financial resources.
•
There should be a regular social audit by a districtlevel agency and by a committee of legislatures to
check whether the funds allotted for the vulnerable
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social and economic groups are spent on them or
not.
•
•
The State governments should not supersede the
Panchayati Raj Institutions.
The Nyaya Panchayats should be presided over by a
qualified judge.
•
The Nyaya Panchayat should be kept as a separate
body responsible for development of Panchayats. .
•
The chief electoral officer in consultation with the
‘’chief election commissioner’’ should conduct
elections of the Panchayat Raj.
.
•
•
•
•
A Minister for Panchayati Raj should be appointed.
•
Seats for Scheduled caste and scheduled tribes
should be reserved on the basis of their population.
•
A constitutional recognition should be accorded to
the Panchayati Raj institutions
Due to the collapse of the Janata Government before the
completion of its term, no action could be taken on the
recommendations of the Ashok Mehta Committee at
the central level.
GVK Rao Committee
In 1985, the ‘’Planning Commission’’ appointed a
committee on the Administrative Arrangement for
Rural Development and Poverty Alleviation
Programme.
•
In terms of planning, execution, and monitoring of
rural development programs, the Panchayati Raj
institutions at the district and lower levels should be
given a significant role.
•
For ‘’efficient decentralized district planning’’, some
‘’state-level planning functions’’ should be moved to
According to the G V K Rao committee, the
phenomenon of ‘’bureaucratization’’ weakened the
Panchayati Raj institutions.
•
PANCHAYATI RAJ
district-level planning entities.
•
The committee recommended for the revitalization
of the entire Panchayati Raj system.
A District Development Commissioner position
should be formed. He should be in charge of all
development departments at the district level and
serve as Zila Parishad's chief executive officer.
Make district as the unit of planning – Importance to
Zilla Parishad
•
Panchayati Raj elections should be held on a regular
basis. Elections were found to be delayed in 11 states
for one or more tiers.
LM Singhvi Commitee
•
In the year 1986, Prime Minister Rajiv Gandhi
appointed a committee on “Revitalization of
Panchayati Raj Institutions for Democracy and
Development”.
•
-
A new chapter should be added to the
Constitution for the same purpose.
-
It suggested the ‘constitutional
provisions’ to ensure regular, free and
fair elections to the Panchayati Raj
bodies.
-
Make Gram Panchayats more viable. It
The L M Singhvi committee recommended that
-
The Panchayati Raj institutions should
be
constitutionally
recognized,
protected and preserved.
also emphasised the importance of the
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PANCHAYATI RAJ
Gram Sabha and called it as the
embodiment of ‘direct democracy’.
-
The Village Panchayats should have
more ‘financial resources’.
Constitutional Status To PRIs
Effort made by Rajiv Gandhi -
After the recommendations of the above committees,
the Prime Minister Rajiv Gandhi made an attempt to
provide ‘’constitutional status’’ to the PRIs (Panchayati
•
In July 1989, the Rajiv Gandhi Government
introduced the 64th Constitutional amendment bill.
•
The Lok Sabha passed the bill in August 1989.
•
The bill was opposed in the Rajya Sabha on the
grounds that it sought to strengthen centralization in
the federal system.
•
The 64th amendment bill lapsed.
Raj institutions).
Important to Note:
-
A constitutional amendment bill must be passed in ‘’both’’ the houses of the Parliament separately
with a special majority.
-
There is no provision of Joint sitting in case of disagreement on a Constitutional amendment bill.
Effort made by V.P Singh
•
In the year 1989 National Front government was
formed at the Central level.
•
V. P. Singh was appointed as the Prime Minister of
•
But the government collapsed and there was an
inevitable midterm election for the Lok Sabha in the
year 1991.
•
This led to a lapse of the bill.
India.
•
In November 1989, Prime Minister V P Singh
announced that steps to strengthen the Panchayati
Raj would be taken.
•
In September 1990 a constitutional amendment bill
was introduced in the Lok Sabha.
Effort made by P V Narasimha Rao
•
Important to Note:
-
•
If the Lok Sabha is dissolved, all the bills that
are pending in the Lok Sabha are lapsed.
The Congress government (P V Narasimha Rao)
considered the matter of constitutionality for the
Panchayati Raj institutions.
After the elections of 1991 P V Narasimha Rao
became the Prime Minister of India.
•
The controversial aspects were removed from the
bill.
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•
PANCHAYATI RAJ
The bill was introduced in the form of the 73rd
constitutional amendment bill.
•
The bill was approved by 17 state assemblies.
Important to Note:
•
•
•
The 73rd constitutional amendment bill was
introduced in the Lok Sabha in 199`1.
-
The bill was passed by the Lok Sabha on December
22, 1992.
A constitutional amendment bill
related to the federal powers must get
the consent of at least half of the state
legislatures with a simple majority.
-
The bill was passed by the Rajya Sabha on December
23, 1992.
The President Shankar Dayal Sharma
gave his assent on April 20, 1993.
-
This became the 73rd Constitutional
amendment Act, 1992.
Panchayati Raj
Institution
Constitutionaliz
ed
System of ‘Local self-government' in ‘rural’ areas.
By the 73rd Amendment
Passed
Year 1992
Date of Enforcement
24th April 1993
Provisions Added
Gave constitutional status to the
PRI’s
Part -IX: Article 243 to 243 (O)
11th schedule to the constitution –
Listed ‘29’ functions which will be
given to PRI (Panchayati raj
institution)
-
Features of the 73rd Amendment Act 1992
Going through different stages, finally, the Panchayati
Raj was given constitutional status by the 73rd
Constitution Amendment Act, 1992
•
This act added Part-IX to the Constitution.
•
This act also added new articles from 243 to 243 O
(English alphabet ‘O”).
This means 243A, 243B, 243C …243O
•
The 73rd amendment act also added the 11th
schedule to the Constitution of India.
•
The schedule contains 29 functional items of the
Panchayats. It deals with Article 243 G
•
DPSP - The act has given a practical shape to Article
40 of the Constitution which says that the ‘’State
shall take steps to organise village panchayats and
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PANCHAYATI RAJ
endow them with such powers and authority as may
be necessary to enable them to function as units of
self-government’’*
Types of Provisions in Part IX
Voluntary Provisions
Compulsory Provisions
‘May’ be enforced (Left to state
discretion)
‘Must’ be enforced
Vary from state to state
‘Uniform’ across India
Composition: Structure,
Composition: Functions, Power
composition, term, Tenure of PRI's
and resources of PRI
Provisions of Part IX are as follows -
▪
‘State legislature’ (Thus, powers of Gram Sabha can
Article 243A: Gram Sabha
vary from ‘state to ‘state’.
▪
Dealing with Gram Sabha
▪
Gram Sabha is the ‘foundation’ of the Panchayati raj
Article 243 B: Structure of Panchayat
▪
system.
▪
Powers/Function of Gram Sabha – Decided by
Definition – All ‘registered voters’ of a ‘Gram
The act provides for the establishment of a 3-tier
Panchayati Raj structure at the state level to bring
uniformity throughout the country.
Panchayat’ make up the ‘Gram Sabha’.
Village Level – Village Panchayat
Mandal/Block Level – Mandal/Block Panchayat
Zilla Parishad – District Level
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▪
PANCHAYATI RAJ
The structure is ‘compulsory’ in all states with
▪
‘more’ than 20 lakh population.
▪
the state legislature may determine.
For states having ‘less than 20 lakh population
▪
‘intermediate level’ ‘may’ not be constituted.
Article 243 C – Composition of Panchayats
▪
Chairperson – at ‘village level’ shall be elected as
elected.
▪
Chairperson at district +
Intermediate level –
‘Indirectly’ elected by and amongst the elected
Composition – Chairperson + Members
Who can attend the Panchayat Meeting?
Election – All the ‘members’ of PRI are ‘directly’
members themselves.
▪
States ‘may’ also allow for ‘co-opted members’ –
MP’s of Lok Sabha + MLA’s can attend
Co-opted members are those who are ‘not ‘voted’
‘Panchayat meeting’ in their
but appointed because of some special qualification.
‘constituency’.
MP’s of Rajya Sabha + MLC’s can
▪
attend Panchayat meeting (registered
voters)
The Chairperson of a Panchayat and other members
of a Panchayat whether or not chosen by direct
election from territorial constituencies in the
Panchayat area shall have the right to vote in the
meetings of the Panchayats.
Article 243 D – Reservations of seat
Reservation of Seats
SC/ST (At all three level)
In 'proportion' of the population
Women Reservation
Minimum 33% reservation
'Minimum' means reservation
‘can’ be more than 33%
Article 243 D provides the reservation of seats for
▪
SCs and STs▪
The state legislature shall provide for the reservation
of offices of the Chairpersons in the ‘’Village
panchayat’’ or any other level for SCs and STs.
The ‘’Scheduled Caste’’ and ‘’Scheduled Tribes’’ are
provided with the reservation of seats at all 3 levels
in proportion to their population.
▪
Women are provided with the reservation at all
three levels.
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▪
▪
PANCHAYATI RAJ
Not less than 1/3rd of the total number of seats
by the state may be divided between the state
shall be reserved for women (voluntary).
government and the Panchayats.
-
1/3rd of offices of chairpersons in the panchayats at
How allocation would be made among various
levels of Panchayats.
each level shall be reserved for women.
▪
The state legislatures may make any provision for
reservation of seats in any panchayat or offices of
chairpersons in the Panchayat at any level in favour
that may be assigned to the panchayats.
-
of backward classes.
▪
▪
Duration – 5 years
▪
Elections – ‘Must' be held before completion of
▪
dissolved before 5 years, elections ‘must’ be held
Article 243 K – State Election commission
within 6 months.
(Elections to the Panchayats.)
Duration of the newly constituted Panchayat - It
▪
For example, Panchayat dissolved in 2.5 years, New
▪
It is a single member body unlike ‘Election
commission’ which is a multi – member body.
▪
The State Election Commissioner is appointed by the
Article 243 I – State Finance commission
Governor.
The State Finance Commission is constituted by the
▪
His removal procedure is same as that of ‘’Judge of
High court’’.
▪
His service conditions cannot be varied to his
disadvantage.
▪
The State Election Commission is vested with the
responsibilities of
▪
State Legislature has the power to legislate on all
Governor every 5 years.
▪
Composition, conditions of service, salaries and
allowances ae determined by “State Legislature” by
“law”.
Recommendation:
-
Article 243K provides for the constitution of a state
Election Commission.
Panchayat - + 2.5 years only.
▪
The report of the Finance Commission along with a
memorandum of action taken on it is laid before the
state legislature by the Governor.
Provisions during ‘dissolution’ of Panchayats – If
will continue ‘only’ for the remainder of the period.
▪
The State finance Commission submits the report
along with the memorandum of action taken on it to
the Governor.
tenure.
▪
Also recommends that grants-in-aid be given to
the panchayats.
Article 243 E – Duration of Panchayats ▪
The determination of taxes, duties, tolls and fees
It recommends about the division of net
proceeds of taxes, duties, tolls and fees leviable
matters relating to elections to panchayats.
Superintendence
Control of elections to the panchayats
Direction
Preparation of electoral rolls
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PANCHAYATI RAJ
Article 243F -disqualification
▪
Article 243G - 243H- Powers, Authority and
Article 243 F provides that all persons who are
qualified to be chosen to the state legislature shall
be qualified to be chosen as a member of a
Responsibilities of Panchayats
▪
panchayat.
them to function as institutions of self-government.
▪
Disqualifications
▪
The State legislatures confer on the panchayats such
powers and authority as may be necessary to enable
If a person is disqualified under any law for the time
being in force for the purpose of elections to the
The panchayats may be entrusted with the
responsibilities of
-
Preparing plans for ‘economic development’
and ‘social justice’.
-
Implementation of schemes for ‘economic
legislature of the state concerned.
▪
If a person is disqualified under any law made by the
development’ and ‘social justice’.
state legislature.
▪
-
No person can be disqualified on the grounds that
he is less than 25 years of age if he has attained the
in the 11th schedule of the Indian Constitution.
(29 items)
age of 21 years.
▪
All questions of disqualifications shall be referred to
▪
▪
▪
The state legislature can also assign to a panchayat
various taxes, duties etc collected by the state
government.
State legislature may authorize the panchayats to
levy, collect and appropriate taxes, duties, tolls etc.
Thus the 11th schedule distributes powers between
the state legislature and panchayats.
such authority as the state legislature determines.
Powers of Panchayats to Impose Taxes and
Financial Resources
With regard to the subjects that are mentioned
▪
From the Consolidated Fund of the State Grants-inaid may be given to the Panchayats
Non Applicability of Part 9 of the constitution
Tribal areas
Autonomous and Regional
council
Scheduled Areas
Areas - Nagaland, Mizoram,
Meghalaya, Hills areas of
Manipur, Darjeeling
'PESA' is applicable
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PANCHAYATI RAJ
Article 243 M – Part 9 does not apply to the
following areas –
Article 243 L – Application to Union Territories
▪
Not automatically applicable to Union territories
▪
Applicable only when ‘President’ issues an order.
Article 243 O – Election Disputes in Panchayat
Elections ▪
Election Petition against Disputes
–
Will be
presented to such authority and in the manner as
4. Overwhelming dependency on Government
funding - In most of the states, Gram Panchayat
are reluctant to use their fiscal powers to raise
their own source of revenues (OSR). Only a few
Gram Panchayats generate OSR in form of ‘tax’
or ‘non - tax revenue’.
5. Creation of parallel bodies - These bodies are
created by Government and communities to
discharge responsibility in parallel with those
also already performed by the Panchayati raj
institution example Committees of the centrally
sponsored schemes, Community based
organizations etc. These have stunted the
growth of PRI’s.
determined by the State legislature by a law.
▪
Age for contesting the election – 21 years
▪
Questions of disqualifications ‘shall’ be referred to
such authority as the state legislature determines.
▪
Bar to interference by courts in electoral mattersThe validity of any law relating to the delimitation of
constituencies or the allotment of seats to such
constituencies shall not be called in question in any
court.
Issues and concerns with Panchayati Raj –
1. Lack of adequate devolution of ‘’funds’’,
‘’functions’’ and ‘’functionaries’’ –
Local
Government is a ‘state subject’. Thus, devolution
of power and authority has been left to state’s
discretion. Important subjects like rural
electrification, non – formal education have
been not been devolved to panchayats.
2. Excessive control by bureaucracy – Higher level
functionaries don’t want to devolve power and
responsibility to local government. The reason is
that they fear competition from the local
government in delivery of essential goods and
services.
3. Tied nature of funds – for example the 15th
finance commission provided for tied grants i.e.
grants will used to fulfill basic services i.e. Supply
of drinking water, open defecation free status
etc.
6. Poor infrastructure - Some Gram Panchayats do
not have basic infrastructural amenities for
example their own building, toilets, drinking
water and electricity connection.
7. Lack of adequate training of the ‘’elected
representatives’’ on their duties, powers and
efficient use of PRIs.
8. Adverse Impact of societal equations like
casteism, patriarchy, communalism on the PRI’s
– One major example here would be existence of
Sarpanch Pati i.e. despite reservation given to
women in panchayati raj they are essentially run
by their husband due to illiteracy, gender bias,
and patriarchal society.
Suggestions for Improvement of Local Governance:
1. Genuine fiscal federalism i.e. ‘’fiscal autonomy’’
by providing for proper and fair determination of
local revenue sources. Along with autonomy
‘fiscal responsibility’ should be provided. For
this clear cut demarcation of functions of each
tier of Government should be done (6th report of
ARC recommended the same).
2. Activity mapping - States should adopt the
concept of ‘activity mapping’, wherein each
state
clearly lays down the ‘responsibilities’ and ‘roles’
for the different tiers of the government in
respect to the subjects listed in the Schedule 11.
This should be done on the basis of
accountability to the public.
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3. Bottom – up Planning - There is need for bottom
up planning especially at the district level, based
on grassroots inputs received from Gram Sabha.
4. Emulating best practices across the country for
example Karnataka has created a separate
bureaucratic cadre for Panchayats to getaway
from the practice of deputation of officials who
often overpowered theelected representatives.
Example o Pimpri Gavali model village in
Maharashtra. This village achieved water
security in short span due to effective
implementation of the Adarsh Gaon Yojana of
the Government of Maharashtra.
5. Effective devolution - The center also needs to
financially incentivize states to encourage
effective devolution to the panchayats in
functions, finances, and functionaries.
PANCHAYATI RAJ
6. Training of Representatives: Training should be
provided to local representatives to develop
expertise so that they contribute more in
planning and implementation of policies and
programmes.
7. To solve the problem of proxy representation
i.e. the issues of Sarpanch Pati ‘’social
empowerment’’ must precede the political
empowerment.
8. Serious consideration should be made to set
certain ‘’minimum qualification standards’’(like
the attempt made in Rajasthan) for Panchayat
elections. Such necessary eligibility can help in
improving
effectiveness
of
governance
mechanism.
9. Mechanism should be set for States to comply
with the constitutional provisions, particularly in
the appointment and implementation of the
recommendations of the State Finance
Commissions (SFCs).
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CLIMATOLOGY
MUNICIPALITIES
INTRODUCTION
•
•
•
‘’Urban Local Government’’ refers to the
governance of an urban area by the people
through their elected representatives
The jurisdiction of an urban local government
is demarcated by the state government which
is limited to a ‘’specific urban area’’.
The system of urban government was
constitutionalized through
the ‘’74th
Constitutional Amendment Act of 1992’’.
Types of urban local governments
1. Municipal Corporation
2. Municipality
3. Notified Area Committee
4.
5.
6.
7.
8.
Town Area Committee
Cantonment Board
Township
Port Trust and
Special Purpose Agency
Who deals with urban local government at the
central level?
➢ The answer is
1. Ministry of Housing and Urban Affairs.
2. Ministry of Defence in the case of
‘’cantonment boards’’
3. Ministry of Home Affairs in the case of
‘’Union Territories’’
EVOLUTION OF URBAN BODIES
Historical Perspective
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CLIMATOLOGY
o It finally
emerged as the ‘’74th
Constitutional Amendment Act of 1992’’
and came into force on 1 June 1993
Constitutionalisation of Local Self
Government
➢ Rajiv Gandhi Government
74TH AMENDMENT ACT OF 1992
o In August 1989, the Rajiv Gandhi
government
introduced
the
‘’65th
Constitutional
Amendment
Bill’’
(i.e.,
Nagarpalika Bill) in the Lok Sabha.
o The bill aimed at strengthening and
revamping the ‘’municipal bodies’’ by
conferring a constitutional status on them.
o Although the bill was passed in the Lok
Sabha, it was defeated in the Rajya Sabha in
October 1989 and hence, lapsed.
➢
V P Singh Government
o The National Front Government under V P
Singh introduced the revised ‘’Nagarpalika
Bill’’ in the Lok Sabha again in September
1990.
o However, the bill was not passed and finally
lapsed due to the dissolution of the Lok
Sabha.
➢ P V Narasimha Rao’s Government
o P V Narasimha Rao’s Government also
introduced the modified ‘’Municipalities
➢ What changes were done by 74th Amendment
Act of 1992 in our Constitution?
1. The act gave ‘’constitutional status’’ to the
municipalities.
2. It has brought them under the purview of
‘’justiciable’’ part of the Constitution.
3. This Act has added a new ‘’Part IX-A’’ to the
Constitution of India. This part is entitled as
‘The Municipalities’.
4. This part consists of provisions from
‘’Articles 243-P to 243-ZG’’.
5. The act has also added a new 12th Schedule
to the Constitution. This schedule contains
18 functional items of municipalities. It
deals with Article 243-W.
Note: Now the state governments are under
constitutional obligation to adopt the new system
of municipalities in accordance with the provisions
of the act.
Bill’’ in the Lok Sabha in September 1991.
SALIENT FEATURES OF 74TH
AMENDMENT ACT
Three Types of Municipalities
➢ There must be three types of municipalities in
every state which are as follows.
1. A ‘’Nagar Panchayat’’ for a transitional area.
2. A ‘’municipal council’’ for a smaller urban
area.
3. A ‘’municipal corporation’’ for a larger urban
area
Exception➢ In an urban area if municipal services are
being provided by an industrial
establishment, then the governor may
specify that area to be an industrial
township. In such a case, a municipality
may not be constituted.
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The governor has to specify a transitional area, a
smaller urban area or a larger urban area, keeping
in view the following factors –
1.
2.
3.
4.
Population of the area.
Density of the population therein.
Revenue generated for local administration.
Percentage of employment in nonagricultural activities.
5. Economic importance.
Wards Committees
•
•
Wards committee must be constituted,
consisting of one or more wards, within the
territorial area of a municipality having a
population of 3 lakh or more.
The state legislature may make provision with
respect to the composition and the territorial
area of a wards committee and the manner in
which the seats in a wards committee shall be
filled.
CLIMATOLOGY
Such other factors as he may deem fit
Composition
•
•
All the members of a municipality shall be
elected directly by the people of the
municipal area.
For this purpose, each municipal area shall be
divided into territorial constituencies to be
known as wards.
Other Committees
➢ In addition to the ‘’Wards committees’’,
the state legislature is also allowed to
make any provision for the constitution
of other committees.
➢ The chairpersons of such committees
may be made members of the
municipality.
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CLIMATOLOGY
Reservation of Seats
•
The act provides for the following
Reservation of seats for the Reservation of seats for the Reservation of seats for Women
scheduled castes
scheduled tribes
Reservation in proportion of
their population to the total
population in the municipal
area
Reservation in proportion of Reservation of not less than one-third of
their population to the total
the total number of seats for women
population in the municipal
(including the number of seats reserved
area
for women belonging to the SCs and the
STs).
•
2. Make any provision for the reservation of
seats in any municipality or offices of
chairpersons in municipalities in favor of
The state legislature may –
1. Provide for the manner of reservation of
offices of chairpersons in the municipalities
backward classes.
for SCs, STs and women.
for constituting the new municipality for
Duration of Municipalities
•
The act provides for a 5 - year term of office
•
for every municipality.
It can also be dissolved before the completion
of its term.
• The fresh elections to constitute a
municipality shall be completed in
1. Before the expiry of its duration of five years
2. In case of dissolution, before the expiry of a
period of six months from the date of its
•
remainder of the period.
Two more provisions with respect to dissolution:
1. Municipality must be given a reasonable
opportunity of being heard before its
dissolution
2. No amendment of any law for the time
being in force shall cause dissolution of a
municipality before the expiry of the five
dissolution. (If the remainder of the period
(for which the dissolved municipality would
have continued) is less than six months, it
shall not be necessary to hold any election
years term.
2. Under any law made by the state
Disqualifications
•
A person shall be disqualified for being chosen
as or for being a member of a municipality if
he is so disqualified
1. Under any law for the time being in force
for the purposes of elections to the
legislature of the state concerned
such period).
A municipality reconstituted after premature
dissolution does not enjoy the full period of
five years but remains in office only for the
•
legislature.
However, no person shall be disqualified on
the ground that he is less than 25 years of age
if he has attained the age of 21 years.
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•
CLIMATOLOGY
All questions of disqualifications shall be
referred to such authority as the state
legislature determines.
Other Facts about Municipalities
POWERS
AND
FUNCTIONS
OF
MUNICIPALITY
➢ Authority to decide the Powers and Functions of Municipality lies with the
State legislature
➢ The State Legislature can devolve the powers and responsibilities upon
municipalities at the appropriate level with respect to:
1. the preparation of plans for ‘’economic development’’ and ‘’social justice’’.
2. the implementation of schemes for economic development and social
justice as may be entrusted to them, including those in relation to the 18
matters listed in the 12th Schedule
FINANCES
➢ The state legislature may:
1. Authorize a municipality to levy, collect and appropriate taxes, duties, tolls
and fees;
2. Assign to a municipality taxes, duties, tolls and fees levied and collected by
state government
3. Provide for making grants-in-aid to the municipalities from the
consolidated fund of the state
4. Provide for the constitution of funds for crediting all moneys of the
OF
municipalities.
➢ The state legislature may make provisions with respect to the maintenance of
accounts by municipalities and the auditing of such accounts
APPLICATION
TO
UNION TERRITORIES
➢ The provisions of this part are applicable to the Union territories.
➢ But, the President may direct that they would apply to a Union territory
AUDIT
ACCOUNTS
subject to such exceptions and modifications as he may specify.
EXEMPTED AREAS
➢ The act does not apply to the scheduled areas and tribal areas in the states.
➢ It shall also not affect the functions and powers of the Darjeeling Gorkha Hill
Council of the West Bengal.
➢ However, the Parliament may extend the provisions of this part to the
scheduled areas and tribal areas subject to such exceptions and modifications
as it may specify
Finance Commission
•
•
The finance commission for the panchayats is
constituted for every five years and reviews
the financial position of municipalities as
well.
It makes recommendations to the governor
w.r.t. the following:
o The principles that should govern:
❖ The distribution between the state and
the municipalities of the net proceeds of
the taxes, duties, tolls and fees levied by
the state and allocation of shares amongst
the municipalities at all levels.
❖ The determination of the taxes, duties,
tolls and fees that may be assigned to the
municipalities.
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❖ The grants-in-aid to the municipalities
with the action taken report before the state
from the consolidated fund of the state.
o The measures needed to improve the
legislature.
The central finance commission shall also
suggest the measures needed to augment the
consolidated fund of a state to supplement
the resources of the municipalities in the
financial position of the municipalities.
o Any other matter referred to it by the
governor in the interests of sound finance
•
of municipalities.
The
governor
shall
place
the
recommendations of the commission along
District Planning Committee
•
CLIMATOLOGY
The Act says that there should be a district
planning
committee at district level
constituted by the state government for
•
state (on the basis of the recommendations
made by the finance commission of the state).
consolidating the plans prepared by
panchayats and municipalities in the district,
and to prepare a draft development plan for
the district as a whole
Some other Provisions regarding District Planning Committee
➢ The Act lays down that four-fifths of the members of a district planning committee should be
elected by the elected members of the district panchayat and municipalities in the district from
amongst themselves.
➢ The representation of these members in the committee should be in proportion to the ratio
between the rural and urban populations in the district.
➢ The chairperson of such committee shall forward the development
plan to the state
government.
➢ In preparing the draft development plan, a district planning committee shall
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CLIMATOLOGY
1. Consider matters of common interest between the Panchayats and Municipalities including
spatial planning, sharing of water other physical and natural resources, the integrated
development of infrastructure and environmental conservation;
2. Consider the extent and type of available resources whether financial otherwise
3. Consult such institutions and organisations as the Governor may specify
o The plans prepared by the Municipalities
and the Panchayats in the Metropolitan
area;
o Matters of common interest between the
Metropolitan Planning Committee
•
Every metropolitan area shall have a
metropolitan planning committee to prepare
Municipalities and Panchayats, including coordinated spatial planning of the area,
sharing of water and other physical and
natural
resources,
the
integrated
development of infrastructure and
environment conservation
o The overall objectives and priorities set by
the Government of India and the
government of the state;
o The extent and nature of investments likely
to be made in the Metropolitan area by
agencies of the Government of India
o The Government of the State and other
available resources whether financial or
a draft development plan.
• The state legislature may make provisions
with respect to the following
1. The composition of such committees;
2. The manner of election of members of such
committees;
3. The representation in such committees of
the Central government, state government
and other organisations;
4. The functions of such committees in relation
to planning and coordination for the
metropolitan area
5. The manner of election of chairpersons of
such committees
•
•
•
•
The act lays down that two-thirds of the
members of a metropolitan planning
committee should be elected by the elected
members of the
municipalities and
chairpersons of the panchayats in the
metropolitan area from amongst themselves.
The representation of these members in the
committee should be in proportion to the
ratio between the population of the
municipalities and the panchayats in that
metropolitan area.
The chairpersons of such committees shall
forward the development plan to the state
government.
In preparing the draft development plan, a
metropolitan planning committee must
consider
•
otherwise.
It should also consult such institutions and
organisations as the Governor may specify
Bar to Interference by Courts in Electoral
Matters
➢ The act bars the interference by courts in
the electoral matters of municipalities.
➢ It declares that the validity of any law
relating to the
delimitation of
constituencies or the allotment of seats to
such
constituencies
cannot
be
questioned in any court.
➢ It further lays down that no election to
any municipality is to be questioned
except by an election petition presented
to such authority and in such manner as
provided by the state legislature
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CLIMATOLOGY
Twelfth Schedule (18 subjects)
1.
2.
3.
4.
5.
6.
7.
8.
9.
Urban planning including town planning;
Regulation of land use and construction of buildings;
Planning for economic and social development;
Roads and bridges;
Water supply for domestic, industrial and commercial purposes;
Public health, sanitation, conservancy and solid waste management;
Fire services;
Urban forestry, protection of the environment and promotion of ecological aspects;
Safeguarding the interests of weaker sections of society, including the handicapped and mentally
retarded;
10. Slum improvement and upgradation;
11. Urban poverty alleviation;
12. Provision of urban amenities and facilities such as parks, gardens, playgrounds;
13. Promotion of cultural, educational and aesthetic aspects;
14. Burials and burial grounds, cremations and cremation grounds and electric crematoriums;
15. Cattle ponds, prevention of cruelty to animals;
16. Vital statistics including registration of births and deaths;
17. Public amenities including street lighting, parking lots, bus stops and public conveniences; and
18. Regulation of slaughter houses and tanneries.
TYPES OF URBAN GOVERNMENTS
Municipal Corporation
•
•
Municipal corporations are created for the
administration of big cities like Delhi,
Mumbai, Kolkata, Hyderabad, Bangalore and
others.
They are established
➢ In the states ->by the acts of the concerned
state legislatures,
➢ In the union territories- >by the acts of the
•
Parliament of India.
There may be one common act for all the
municipal corporations in a state or a
separate act for each municipal corporation.
• Municipal corporation has three authorities
1. The council,
2. The Standing committees
3. The commissioner.
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CLIMATOLOGY
The Council
•
•
•
•
The council acts as the
deliberative and
legislative wing of the
corporation.
The council is made up
of councilors who are
directly elected by the
people.
The head of the council
is called mayor.
Mayor presides over
the council meetings
Standing Committees
•
•
As the council is too
large in size, standing
committees are created
to facilitate the working
of the council.
The standing
committees take
decisions with respect
to their field like public
works, education,
The Municipal Commissioner
•
The municipal commissioner is the
chief executive authority of the
corporation and he implements the
decisions taken by the council and
its standing committees.
State government appoints the
•
municipal commissioner.
Generally IAS officers are appointed
as the municipal commissioner
•
health, taxation, etc.
Municipality
•
The municipalities are established for the administration of towns and smaller cities by the acts of the
•
concerned ‘’state legislatures’’ and in the ‘’union territory’’ by the acts of the Parliament of India.
A municipality also has 3 authorities given below
The Council
•
•
•
The council acts as the
‘’deliberative’’ and
‘’legislative’’ wing of
the municipality.
The council is made up
of councilors who are
‘’directly’’ elected by
The Standing Committees
• The standing
committees deal with
different fields like
public works,
The Chief Executive Officer
•
education, health, etc.
They facilitate the
working of the council.
The chief executive officer looks
after the day-to-day
responsibilities of administration of
•
the municipality.
He is appointed by the state
government.
the people.
The head of the council
is called president or
chairman. He is
assisted by a vicepresident or vicechairman.
Other urban governments
Notified Area Committee
• Established to take care of administration of an area which is
1. A fast developing town due to industrialization
2. A town not yet developed to fulfill all the conditions to create
a municipality but is considered as important by the state
government.
•
It is created by a ‘’notification’’ in the government gazette.
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CLIMATOLOGY
•
The powers of a notified area committee are equal to a
•
municipality.
Unlike the municipality, a notified area committee is an
•
‘’entirely nominated body’’.
State government nominates all members including the
•
chairman to a notified area committee.
Thus, a notified area committee is neither an ‘’elected’’ body
nor a ‘’statutory’’ body.
Town Area Committee
•
It is created for the administration of a small town. It is like a
•
semi-municipal authority.
Limited number of civic functions such as roads, street lighting,
and drainage are entrusted to it.
•
•
Cantonment Board
•
It is established by a separate act passed by a state legislature.
It may be a wholly nominated body by a state government or a
‘’wholly elected body’’ or ‘’partly nominated’’ and ‘’partly
elected’’.
They are created for municipal administration for the civilian
population in the cantonment areas. Unlike other urban local
bodies, a cantonment board is created as well as administered
•
by the union government.
The provisions of the Cantonments Act of 2006, are applicable
to a cantonment board. A cantonment board functions under
•
the administrative control of union Defence Ministry.
The members of a cantonment board are partly elected and
partly nominated. While the elected members hold the office
for a term of 5 years, the nominated members continue as
long as they hold the office.
•
The military officer who is commanding the station is the exofficio-president of the board and he presides over its
•
meetings.
The functions of a cantonment board are similar to those of a
municipality.
Township
•
•
Its executive officer is appointed by the President of India.
He is responsible for implementation of the decisions of the
•
board and its committees.
The source of income of the boards includes both tax and
•
non-tax revenue.
Townships are created by the large public sector enterprises
for its staff and workers near to the plant with all civic
amenities.
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CLIMATOLOGY
Port Trust
•
A town administrator is appointed by the enterprise to take
•
care of the administration of the township.
The township form of urban government has no elected
•
members.
The port trusts are created in the port areas like Kolkata,
•
Chennai, Mumbai, etc.
The objective in their creation is to manage and protect the
ports; and to provide civic amenities.
Special Purpose Agency
•
A port trust is set up by an Act of Parliament.
•
Its members include both elected and nominated.
•
In addition to these seven area-based urban bodies (or
multipurpose agencies), the states have set up certain
agencies to undertake designated activities or specific
functions that ‘legitimately’ belong to the domain of
municipal corporations or municipalities or other local urban
•
governments.
They are called Special Purpose Agency
•
Some such bodies are:
1. Town improvement trusts.
2. Urban development authorities.
3. Water supply and sewerage boards.
4. Housing boards.
5. Pollution control boards.
6. Electricity supply boards.
7. City transport boards.
MUNICIPAL PERSONNEL
•
There are three types of municipal personnel systems in India which are given below
Separate Personnel System
•
Under this system,
each local body
appoints, administers,
and controls its own
•
personnel.
They are not
transferable to other
•
local bodies.
It is the most widely
prevalent system in
India.
Unified Personnel System
•
In this system, the state
government appoints,
administers, and
controls the municipal
Integrated Personnel System
•
•
personnel.
•
State-wide services
(cadres) are created
for all the urban bodies
in the state.
•
The municipal personnel are
the members of the state
services.
They are transferable not only
between the local bodies in the
state but also between local
bodies and departments of
state government.
Thus, there is no distinction
between local civil service and
state civil service.
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CLIMATOLOGY
•
•
•
They are transferable
between the local
bodies in the state.
This system is prevalent
in Andhra Pradesh,
Tamil Nadu, Uttar
Pradesh, Rajasthan,
Madhya Pradesh
This system is prevalent in
Odisha, Bihar, Karnataka,
Punjab, Haryana and others
MUNICIPAL REVENUE
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Property Tax
Entertainment Tax
Taxes On Advertisements
Professional Tax
Water Tax
Tax On Animals
Lighting Tax, Etc
Library Cess
Education Cess
Beggary Cess
Rent on municipal properties,
fees and fines,
Royalty,
Profits and dividends,
Interest,
Grants
•
•
Devolution
•
User charges and miscellaneous receipts.
Grants given to municipal bodies by the Central and State
Governments for several development programmes, infrastructure
schemes, etc
This consists of the transfer of funds to the urban local bodies from
•
the state government.
This devolution is made on the basis of the recommendations of the
•
state finance commission.
The urban local bodies raise loans from the state government as well
Tax Revenue
Cess
Non-Tax Revenue
Loans
•
as financial institutions to meet their capital expenditure.
They can borrow from the financial institutions or other bodies only
with the approval of the state government
CENTRAL COUNCIL OF LOCAL
GOVERNMENT
•
•
The ‘’Central Council of Local Government’’
was set up in 1954. It was constituted under
Article 263 of the Constitution of India by an
order of the President of India.
The Council is an ‘’advisory’’ body. It consists
of the Minister for Urban Development in the
Government of India and the ministers for
local self government in states. The Union
minister acts as the Chairman of the Council.
•
The Council performs the following functions:
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1. Considering and recommending the ‘’policy
matters’’.
2. Making proposals for ‘’legislation’’.
3. Examining the possibility of cooperation
between the ‘’Centre’’ and the ‘’states’’
4. Drawing up a common programme of
action.
5. Recommending
‘’Central
financial
assistance’’.
6. Reviewing the work done by the local bodies
with the ‘’Central financial assistance’’.
Challenges faced by ULBs
1. Attitude of state Governments
o
o
o
The state governments have
devolved only limited number of
taxes to ULBs which has led to
excessive
dependence
of
Municipalities on the higher levels of
Government.
Elections to ULB bodies too have
been delayed citing multiple issues
by the government. Ex: Tamil Nadu,
Ahmedabad corporation election
2005 etc.
Also the Higher level functionaries
don’t want to devolve power and
functions to the local bodies as they
fear competition from them in
delivery of essential goods and
services.
2. Devolution of power – The concern of lack
of funds, function and functionaries
o
o
o
‘’Municipalities’’ and ‘’Corporations’’
needs more financial, administrative
and functional autonomy.
When it comes to funds the Urban
local bodies are heavily dependent
on Grant – in – aids given by the state
government. In addition, the Funds
which are devolved to Municipalities
come with strict governmental
control as majority of funds can be
used for ‘’specific purpose’’ only.
When it comes to revenue, the
sources of Income for Municipalities
CLIMATOLOGY
are inadequate compared to their
functions. In addition, Municipalities
avoid imposing additional taxes as
they fear displeasing the electorate.
3. Poor cost recovery of services by ULBs
o In India, poor quality services are
leading to lack of willingness to pay
for these and hence poor collection
of user charges and fees.
4. Improper maintenance of accounts
o Several lacunaes in preparation of
municipal accounts such as lack of
budget
preparation,
accuracy,
updating, timely presentation of
accounts by ULBs have been pointed
out under CAG reports.
5. Shortcomings
of
State
Finance
Commissions
o Inefficient functioning of SFCs has
affected the ability of ULBs to
augment financial resources
o The recommendation made by SFCs
are largely adhoc in nature and not
based on sound public finance
principles.
6. Parallel bodies
o The power of ULB’s are being
usurped by rising number of ‘special
purpose agency’ in the country.
o Also there exists less coordination
between
such
agencies
like
Developmental authorities, at state
level; which also have overlapping
functions.
o This
has led to fragmented
governance and lack of coordination
in financing and expenditure.
7. Lack of expert staff
o local governments do not have the
staff to perform even basic tasks.
Furthermore, most of the staff is
hired by higher level departments
and placed with local governments
on deputation. Therefore, they do
not feel responsible to the latter.
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Measures required in addressing these
challenges
1. Greater devolution of powers especially
there is a need to make Municipalities
financially independent.
2. Strengthen financial independence –
Various finance commissions have given
recommendation in relation to improving
the finances of local government for
example use of the Geographical
Information System (GIS) and digitization to
improve property tax administration, setting
up state property tax board, levying vacant
land tax, strengthen municipal bonds etc.
3. Recommendations
of 15th
Finance
commission need to be implemented,
according to which the share of Urban local
bodies in Finance commission grants to local
bodies, should be gradually increased to 40%
over the medium term
4. Performance based grants: should be
further encouraged.
CLIMATOLOGY
5. Improving financial accounting of ULB’s Ministry of urban development has
introduced National municipal accounts
manual provides which details to all
states/UTs in relation to account policies,
procedures and guidelines which ensures
recording of municipal transaction in a way
which produce accurate and relevant
financial reports.
6. Use technology to reduce corruption and
bring in more transparency in the civic
administration.
7. Encouraging citizen participation to improve
the civic administration by bringing more
accountability.
8. Other measures - Empowering metroplanning committees, De-politicization of
ULB, Conducting elections on time as per the
constitutional provisions etc.
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CONSTITUTIONAL BODIES
ELECTION COMMISSION
Election Commission
Preparation of Electoral rolls
Article 324
Conduct of all elections
Election
Commission
Election
Objective
Lok Sabha
Rajya Sabha
President
Vice President
L. Assemblies
L. Councils
To conduct free and fair election for the various
offices
Structure
CEC
Other Election Comm.
The Election Commission Conducts the Election for
▪
▪
The ‘’Election commission’’ is a ‘constitutional body’
that is entrusted with the responsibility of
conducting free and fair elections in the country.
The President
The Election Commission of India (ECI), is a
The Vice President
‘constitutionally’ mandated body, established in
1950 with the aim to foster the democratic process
in the country.
Lok Sabha Members
Rajya Sabha Members
State Legislative Assemblies and
legislative councils
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▪
Article
324:
It
CONSTITUTIONAL BODIES
provides
the
power
of
superintendence, direction and control of elections
to the ‘Parliament’, ‘state legislature’, the office of
the ‘President’ of India and the ‘Vice President’ of
India shall be vested in the Election Commission.
Composition of Election Commission
▪
There is a ‘’Chief Election Commissioner’’.
▪
There can be any number of other ‘Election
commissioners’ as the President may from time to
time fix.
Note: For conducting Panchayat and Municipalities elections the constitution provides for a State
Election Commission.
Tenure - 6 years or up to the age
of 65 years whichever is earlier.
CEC + Other EC-appointed by the
President
Appointment
Removal
Terms
Election
Commission
Functions
CEC- Similar to the judge
of a SC Other EC –
Scrutiny of Nomination paper
Removed by President
on recommendation of
CEC.
Preparing up-to date lists of all the valid voters
Notifies dates and schedules of elections
Settle down dispute referred by the President
Declare the election results
Appointment
Qualifications
▪
▪
The ‘Chief Election Commissioner’ and other
‘Election Commissioners’ are appointed by the
President of India.
The qualifications of the members of the election
commission are not prescribed in the constitution.
Term or Tenure
▪
When any other election commissioner are so
appointed the ‘chief election commissioner’ shall act
as the chairman of the election commission.
▪
The president may also appoint after consultation
with the election commission such ‘regional
commissioners’ as he may consider necessary to
assist the election commission.
▪
Tenure - 6 years or up to the age of 65 years
whichever is earlier.
▪
The Constitution does not prescribe terms of
members of the election commission.
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Salary
▪
The chief election commissioner and two other
election commissioners have equal powers and
receive equal salaries, allowances and other perks
similar to those of a judge of the supreme court.
Resignation
▪
The ‘’Chief Election Commissioner’’ and other
Election Commissioners submit the resignation
letter to the President.
Removal of Chief Election Commissioner
▪
The Chief Election Commissioner is removed in the
same manner like that of a judge of Supreme Court.
CONSTITUTIONAL BODIES
▪
The Election Commission recognizes the political
parties as National party or Regional (state) party on
the basis of their poll performance.
Note:
• The ‘Chief Electoral Officer’ is appointed
by the Chief Election Commissioner in
consultation with the state government.
• At the district level, the ‘District Collector’
acts as the ‘returning officer’.
• For every constituency, there is a
‘returning officer’ appointed by the
district collector.
• The Collector also appoints presiding
officer for every polling booth.
Removal of Other Election Commissioners
▪
▪
Other Election Commissioners are removed by the
President only on the recommendation of the Chief
Election Commissioner.
Advice tendered by the CEC to the president in this
regard is binding on him.
Functions of Election Commission
▪
The election commission prepares and revises the
electoral rolls (voters List).
▪
The election Commission will notify the dates and
schedules the elections.
▪
The election commission scrutinizes the nomination
papers.
▪
The election commission recognizes the political
parties.
▪
The election commission allots the election symbols
to the political parties.
▪
The election commission determines the code of
conduct to be observed by the parties and the
candidates at the time of elections.
▪
The election commission advices the President and
the governor in the matter relating to the
disqualification of the members of Parliament (Lok
Sabha and Rajya Sabha) and state legislatures
respectively.
Independence of the Election Commission1. Security of tenure - CEC doesn’t hold his office
till the pleasure of president. He can only be
removed from his office in the same manner and
on the same grounds as a judge of the Supreme
Court.
2. Service conditions of the CEC can’t be varied to
his disadvantage after his appointment.
3. Any other EC’s or a regional commissioner can
be removed only on the recommendation of the
CEC.
Major Shortcomings of the EC:
•
Constitution
doesn’t
prescribe
any
qualifications of the members of the Election
Commission including the CEC.
•
Appointment is done by the President of India
on the recommendation of the Council of
ministers which is not immune from favouritism.
•
No dedicated administrative staff.
•
Expenses of the office are not charged on the
consolidated fund of India.
•
Constitution doesn’t debar the retiring EC’s from
any other appointment by the government.
•
Removal of the EC’s depends upon the wish of
the CEC and the removal procedure is not same
as that of the CEC.
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•
•
Violation of ‘’model code of conduct’’ has
increased in the recent times. For example in
2019 elections many incidents were reported
where breach of model code of conduct took
place for example PM announcement of Mission
Shakti, launch of NAMO TV without license and
telecasting it for 24 hours before elections etc.
Election commission has been unsuccessful in
dealing with major issues such as voter bribery,
paid news, violence during elections and
increasing use of black money in elections.
Law Commission Recommendations on Reforming ECI:
•
ECI must be fully insulated from ‘political pressure’
or ‘executive interference’ to maintain the purity of
elections.
•
The Election Commissioners, including the Chief
Election Commissioner, to be appointed by the
President after obtaining the recommendations of a
Committee consisting of the Prime Minister of India
as its Chairperson; and the Leader of the Opposition
in the House of the People and the Chief Justice of
India as members. This will help in bringing
transparency to the appointment process.
•
After the Chief Election Commissioner ceases to hold
office, the senior-most Election Commissioner shall
CONSTITUTIONAL BODIES
be appointed as the ‘Chief Election Commissioner,
unless the Committee for reasons to be recorded in
writing, finds such Election Commissioner to be unfit.
•
Also, the Law Commission had noted that when
there is no recognized ‘Leader of the Opposition’, the
panel would include the leader of the single largest
group in opposition of the government in the House
of the People (Lok Sabha).
Guiding principles of ECI:
1. To uphold constitutional values like equality,
equity, impartiality, independence and rule of
law in electoral process.
2. All Inclusive and voter friendly electoral process.
3. Engaging with all stakeholders including political
parties involved in electoral process.
4. Spread awareness of Electoral process and
governance among stakeholders and strengthen
the trust and confidence in electoral system of
the country.
5. Build quality infrastructure for conducting
elections.
6. Adoption of technology to improve the electoral
process.
7. Engaging human resources for professional
delivery of electoral services.
Criminalization of Politics
Meaning of Criminalization of Politics:
The Criminalisation of politics means rising participation of criminals in the electoral process and selection of the
same as elected representatives of the people due to the nexus between the criminals and some of the politicians.
Components: The criminalisation of our political system has been observed almost unanimously by all recent
committees on ‘’politics’’ and ‘’electoral reform’’. It has various forms and components such as –
•
Muscle Power: Muscle power in Indian politics is not a new trend rather it has been a fact of life for a long time.
On the eve of periodic elections, different political parties use of muscle power to influence the attitude and
conduct of sizable sections of the electorate.
•
Money Power: The elections to ‘’Parliament’’ and ‘’State Legislatures’’ are very expensive and it is a widely
accepted fact that huge election expenditure is the root cause for corruption in India. To orient people,
politicians use ‘’money power’’ to gain vote bank and this is the reason criminals win and sizable sections of the
electorate is swayed away by the money power.
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•
CONSTITUTIONAL BODIES
Nexus between politicians, bureaucrats and criminals – Vohra committee established by the government found
deep involvement of politicians with organised crime all over India. They studied and commented in depth on
this nexus. (We will read about it later in the article).
Causes/Reasons for Criminalisation of Politics:
Following are the reasons for the criminalization of Politics in India•
Vote Bank: A votebank is a loyal bloc of voters from a single community, who consistently back a certain
‘candidate’ or ‘political formation’ in democratic elections.
o
The political parties and independent candidates conduct astronomical expenditure for buying votes and
other illegitimate purposes. This expenditure which is conducted is leading to entry and nexus with
criminals.
•
Corruption: In every election, almost all the parties without exception put up candidates with a criminal
background. Institutionalization of corruption has become a reality in our politico-administrative system. A
report by National Election Watch (NEW) and Association of Democratic Reforms (ADR), showed that in the
Assembly elections of Assam, Kerala, Puducherry, Tamil Nadu and West Bengal,at least 1,157 out of 6,318
candidates had criminal cases against them
•
Loopholes in the Functioning of Election Commission: There exists a regulation which says that while
conducting elections a candidate must disclose criminal cases pending in courts against him and so on in their
nomination papers. It would help curtail criminalization of politics but many instances have come where
candidates do not properly give details of their criminal cases. Strict steps needs to be taken against such
candidates such as debarring them from conducting elections.
•
Denial of Justice and Rule of Law: Growing Criminalization in Indian politics has left little faith in the efficacy of
democratic process to deliver justice, rule of law and good governance. The ‘voters’, ‘political parties’ and the
‘law and order machinery’ needs to come together to keep a check on this growing trend towards
criminalisation.
Legal Machinery to check the Criminalisation of Politics:
To check the criminalization of politics and bring electoral reforms, several committees and commissions have been
appointed.
•
Vohra Committee: A committee was instituted to investigate the nexus between politicians, criminals and
bureaucrats in India. The report by N.N.Vohra found deep involvement of politicians with organised crime all
over India. The unpublished annexures of Vohra report were believed to have contained good amount of details
on this nexus.
o
Here Vohra observes "the various crime syndicate/mafia organisations have developed significant muscle
and money power and established linkage with governmental functionaries, political leaders and other to
be able to operate with impunity.
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o
•
Vohra Committee highlighted that our elections involve a lot of black money and it is this use of black money
in elections which has also brought about the criminalization of politics.
Supreme Court’s Judgement:
•
•
CONSTITUTIONAL BODIES
The Supreme Court judgment of May 2, 2002 Association for Democratic Reforms (ADR) v. Union of India,
mandated that candidates disclose their criminal antecedents (if any) along with their ‘financial’ and
‘educational’ background.
Right to Information Act and Criminalization of Politics: The Court held that the right to information - the right
to know antecedents, including the criminal past, or assets of candidates - was a fundamental right under Article
19(1) (a) of the Constitution and that the information was fundamental for survival of democracy.
Measures of SC and Election Commission:
Supreme Court’s on Criminalisation of Politics:
Supreme Court has come out with certain judgments to cleanse the political system off the criminals. Section 8(1),
8(2), and 8(3) of the RPA, 1951 provide grounds of disqualification for any person who is convicted and given varying
range of imprisonment, for a period of 6 years from the date of his release from prison.
Supreme court in Lily Thomas v. Union of India (2013) case struck down Section 8(4) of the Representation of the
People Act. This clause protected ‘convicted politicians’ against any sort of disqualification from contesting the
elections, on the ground of pending appeals against their conviction in the appellate courts. This judgment provided
that all the elected or non-elected MPs and MLAs would be disqualified with the immediate effect if they were
convicted in a criminal case by a trial court. Thus, it ruled that the saving clause under section 8(4) will not be
applicable.
In another judgment, the Supreme Court held that a voter could exercise the option of negative voting and reject
all candidates as unworthy of being elected. The voter could press the ‘None of the Above’ (NOTA) button in the
electronic voting machine (EVM). The court directed the Election Commission to provide the NOTA button in the
EVM.
The Supreme Court in Ramesh Dalal vs. Union of India held that a sitting Member of Parliament (MP) or Member of
State Legislature (MLA) shall also be subject to disqualification from contesting elections if he is convicted and
sentenced to not less than 2 years of imprisonment by a court of law
Law commission Recommendations:
•
Expedite the cases filed against MPs and MLAs within one year,
•
Punishment for filing false affidavits under Section 125A (deals with penalty for filing false affidavit) be increased
to a minimum of 2 years.
•
Conviction under Section 125A should be made a ground for disqualification under Section 8(1) of the RPA, 1951.
•
The filing of false affidavits should be made a corrupt practice under Section 123 (deals with corrupt practice)
of the RPA (Representation of People Act)
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CONSTITUTIONAL BODIES
STATE ELECTION COMMISSION
State Election Commission
State Election
Commission
Article
Article 243K and Article 243ZA
Origin
73rd and 74th Constitutional Amendment
Appointment
Appointed by Governor
Functions
Responsible for conducting election to local bodies such as -
Gram Panchayats
Zila Panchayats
Municipals councils
Appointment:
▪
▪
State Election Commission is a ‘’constitutional
authority’’.
▪
The State Election Commissioner is appointed by the
Governor.
SEC is an independent ‘’constitutional body’’
responsible for conducting election for local bodies
in a state. (both rural and urban).
▪
As per article 243K the ‘Governor’ of the State, when
so requested by the ‘’State Election Commission’’,
make available to the ‘’State Election Commission’’
such staff as may be necessary for the discharge of
the functions conferred on the SEC.
▪
It is constituted under the provisions of ‘’Article
243K’’ read with ‘’Article 243 ZA’’ of The Constitution
of India.
▪
Origin: The origin of the body can be found in the
Removal & Allowances:
▪
‘’73rd and 74th amendment’’ to the constitution.
▪
Purpose:
They
were
constituted
for
‘superintendence’, ‘direction’, and ‘control’ of the
preparation of electoral rolls for all elections to the
Panchayats (Article- 243K) and the Municipalities
(Article- 243ZA).
Composition:
▪
State Election commission consists of a ‘’State
Election commissioner’’ appointed by the
Governor.
The State Election Commissioner has the status,
salary and allowance of a ‘Judge of a High Court’ and
cannot be removed from office except in like manner
and on the like grounds as a ‘Judge of a High Court.’
Tenure & Service conditions:
▪
Subject to the provisions of any law made by the
Legislature of a State the conditions of service
and tenure of office of the State Election
Commissioner shall be such as the Governor may
by rule determines.
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▪
CONSTITUTIONAL BODIES
Kishan Singh Tomar vs Municipal Corporation of the
City of Ahmedabad: The Supreme Court directed
‘municipal elections’, just like they follow the
instructions of the EC during Assembly and
Parliament polls.
that state governments should abide by orders of the
SECs during the conduct of the ‘panchayat’ and
UNION PUBLIC SERVICE COMMISSION
▪
UPSC is a ‘constitutional body’ and a ‘central
recruiting agency’ of India.
▪
Originally, the 1st Public Service Commission was
constituted by the British Government in the year
1926.
▪
appointment and removal of members. Also
provisions exist with regards to independence,
powers and functions of the UPSC.
▪
‘Union’ and the ‘States’. Provisions also exist for a
‘Joint State Public Service Commission’.
Article 315 – Article 323 in Part 14 of the
constitution contain provisions about composition,
Composition
UPSC
Appointed by the ‘President’ of India
Hold office for a term of six years or 65 years of
age whichever is earlier.
▪
Composition
The UPSC consists of a ‘chairman’ and some other
members.
Appointment
▪
Some other members
Chairman
Appointment
Tenure
▪
Article 315 of the Constitution provides for the
creation of Public Service Commission’s both for the
The ‘Chairman’ and ‘other members’ are appointed
by the President.
The qualifications are not prescribed by the
Constitution except that one-half of the
members of the Commission should be such
persons who have held office for at least 10
years either under the Government of India or
under the government of a state.
Conditions of Service
Strength (Number of Members)
▪
Decided by ‘President’ from time to time.
▪
The strength has been left to the discretion of the
President of India who determines his composition.
▪
The conditions of service should not be varied to
their disadvantage.
▪
In general, the UPSC consists of 9 to 11 members
including the Chairman.
Term
▪
Qualifications
The Chairman or other members hold office for a
term of:
-
6 years
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CONSTITUTIONAL BODIES
OR
-
▪
After completion of the term the Chairman or other
members are not eligible for reappointment in the
same position.
The Chairman or members submit the resignation to
the President of India.
The advice tendered (given) by the Supreme
During the course of enquiry, the President can
suspend the ‘Chairman’ or the ‘member’.
▪
The Chairman of UPSC after retirement is not eligible
for further employment under the Government of
India or a state.
▪
A member of UPSC after retirement is eligible for
appointment as:
If he engages during the term of office in any
paid employment outside the duties of office.
Or
-
-
-
If he is adjudged an insolvent.
Or
-
The President can remove the Chairman or
member on the advice that is tendered by the
Supreme Court.
After Retirement
The President can remove the chairman or any other
member of UPSC if:
-
-
Court is binding on the President.
Removal
▪
In the case of misbehaviour, the President has to
refer the matter to the ‘Supreme Court’ for an
enquiry.
Until they attain the age of 65 years, whichever
is earlier.
Resignation
▪
-
In he is in the opinion of the President not fit to
continue in office by reason of infirmity of mind
or body.
-
the Chairman of ‘UPSC’.
-
the Chairman of a ‘Joint Public Service
Commission’ or
-
the chairman of a ‘State Public Service
Commission’
Removal on The Grounds of Misbehaviour
Independence
▪
▪
What is misbehaviour?
-
The ‘Chairman’ or ‘member’ is concerned or
interested in any contract or agreement made by
the ‘government of India’ or ‘government of a
state’.
The Constitution has made the following provisions
to safeguard and ensure the independent and
impartial functioning of the UPSC:
-
Or
-
-
participates in the profit of such a ‘contract’ or
‘agreement’ or in any way benefit therefrom
otherwise than as a member and in common
with other member of an incorporated
company.
The President can also remove the ‘Chairman’ or
a ‘member’ of UPSC for misbehaviour.
The chairman or a member of the UPSC can be
removed from office by the president only in the
manner and on the grounds mentioned in the
Constitution. Therefore, they enjoy security of
tenure.
-
The conditions of service of the chairman or a
member, though determined by the president,
cannot be varied to his disadvantage after his
appointment.
-
The entire expenses including the salaries,
allowances and pensions of the chairman and
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CONSTITUTIONAL BODIES
members of the UPSC are charged on the
‘Consolidated Fund of India’. Thus, they are not
subject to vote of Parliament.
-
-
The chairman of UPSC (on ceasing to hold office)
The following matters are kept outside the functional
jurisdiction of the UPSC. In other words, the UPSC is not
consulted on the following matters:
is not eligible for further employment in the
Government of India or a state.
(a) While making reservations of appointments or
posts in favour of any backward class of citizens.
A member of UPSC (on ceasing to hold office) is
(b) While taking into consideration the claims of
scheduled castes and scheduled tribes in making
appointments to services and posts.
eligible for appointment as the chairman of UPSC
or a State Public Service Commission (SPSC), but
not for any other employment
Government of India or a state.
-
Limitations of UPSC
in
the
The chairman or a member of UPSC is (after
(c) With regard to the selections for chairmanship
or membership of commissions or tribunals,
posts of the highest diplomatic nature and a bulk
of group C and group D services.
having completed his first term) not eligible for
reappointment to that office (i.e., not eligible for
second term).
Functions of UPSC
▪
The UPSC conducts the examinations for
appointments to the all-India services, central
(d) With regard to the selection for temporary or
officiating appointment to a post if the person
appointed is not likely to hold the post for more
than a year.
Role of UPSC
services and Public services of the centrally
administered territories.
▪
The Constitution visualises the UPSC to be the
‘watch-dog of merit system’ in India.
▪
The UPSC assists the states if requested by two or
more states in framing and operating schemes of
joint recruitment for any services for which
candidates possessing special qualification are
required.
▪
It is concerned with the recruitment to the allIndia services and Central services—group A and
group B and advises the government, when
consulted, on promotion and disciplinary
matters.
▪
The UPSC serves all the needs of a state on the
request of the ‘State governor’ and with the approval
of the ‘President'.
▪
▪
The UPSC is consulted on various matters relating to
personnel management for example recruitment to
civil service and civil post, promotion, transfers from
one service to another, disciplinary matters, claims
for reimbursement of legal expenses, award of
pension etc.
It is not concerned with the classification of
services, pay and service conditions, cadre
management, training, and so on. These matters
are handled by the Department of Personnel and
Training.
▪
Recommendations made by the UPSC are NOT
binding on the government. The only safeguard
is the answerability of the government to the
parliament related to those recommendations.
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CONSTITUTIONAL BODIES
Removal
State Public Service Commission
Composition
▪
▪
The Chairman and members of SPSC are removed by
the ‘President’. (Not by the Governor).
▪
The President can remove the chairman or any other
member of SPSC if he/she:
There is a ‘chairman’ and other members appointed
by the Governor.
Qualifications
▪
▪
The qualifications of ‘Chairman’ and ‘other
members’ is not specified in the Constitution.
is adjudged an insolvent, Or
-
engages during the term of office in any paid
employment outside the duties of office, Or
-
in the opinion of the President is unfit to
continue in office by reason of infirmity of ‘mind’
or ‘body’.
Only one condition - Half of the members should
have at least 10 years of experience either under the
Government of India or Government of a state.
Appointment
▪
-
Removal on the Grounds of Misbehaviour
▪
The Chairman and the members are appointed by
the Governor.
What is misbehaviour?
-
If the ‘Chairman’ or ‘member’ of SPSC is
concerned or interested in any contract or
agreement made by the government of India or
a state, Or
-
participates in the profit of such a ‘contract’ or
‘agreement or in any benefit therefrom
otherwise as a member and in common with
other members of an incorporated company.
Strength
▪
The strength is decided by the Governor from time
to time.
Term
▪ The Chairman and other members of the SPSC hold
office for a term of
-
6 years, Or
-
Until they attain the age of 62 years (in the case
of UPSC it is 65 years) whichever is earlier.
▪
The President can also remove the ‘Chairman’ or a
‘member’ of SPSC for misbehaviour.
▪
In the case of misbehaviour, the President has to
refer the matter to the ‘Supreme Court’ for an
enquiry.
▪
If the Supreme Court upholds the cause of removal
and advises so then the President can remove the
‘Chairman’ or ‘member’ of SPSC.
▪
The advice tendered (given) by the Supreme Court is
Resignation
▪
The Chairman and members submit the resignation
to Governor.
Report of SPSC
▪
The SPSC submits the annual report to the
‘Governor’.
▪
The Governor places the report of SPSC before the
‘State Legislature’.
▪
The report of SPSC is discussed in the State
Legislature.
binding on the President.
▪
During the course of enquiry, the Governor can
suspend the ‘Chairman’ or ‘member’ pending the
final removal order of the President on receipt of the
report of the Supreme Court.
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CONSTITUTIONAL BODIES
The Chairman of SPSC after Retirement
▪
The Chairman or members of SPSC cannot be
appointed to the same office after their retirement.
▪
The Chairman of SPSC after retirement can be
appointed as:
-
The Chairman of UPSC
-
A member of UPSC
-
The Chairman of other SPSC
-
The Chairman of a Joint Public Service
Commission (JPSC).
d) The chairman of a SPSC (on ceasing to hold
office) is eligible for appointment as the
chairman or a member of the UPSC or as the
chairman of any other SPSC, but not for any
other employment under the Government
of India or a state.
e) A member of a SPSC (on ceasing to hold
office) is eligible for appointment as the
chairman or a member of the UPSC, or as
the chairman of that SPSC or any other SPSC,
but not for any other employment under the
Government of India or a state.
f) The chairman or a member of a SPSC is (after
having completed his first term) not eligible
for reappointment to that office (that is, not
eligible for second term).
Functions of SPSC
Limitations of SPSC
▪
The SPSC conducts the examinations
appointment to the services of the state.
▪
for
The SPSC is consulted on various matters related
to personnel management for example
recruitment to civil service and civil post,
promotion, suitability of a candidate, transfers
from one service to another, disciplinary
matters, claims for reimbursement of legal
expenses, award of pension etc.
The SPSC is not consulted on the following matters:
(a) While making reservations of appointments or
posts in favour of any backward class of citizens.
(b) While taking into consideration the claims of
scheduled castes and scheduled tribes in making
appointments to services and posts.
Role of SPSC
▪
The Constitution visualises the SPSC to be the
‘watchdog of merit system’ in the state. It is
concerned with the recruitment to the state
services and advises the government, when
consulted, on promotion and disciplinary
matters.
▪
It is not concerned with the classification of
services, pay and service conditions, cadre
management, training and so on. These matters
are handled by the Department of Personnel.
Therefore, the SPSC is only a central recruiting
agency in the state while the Department of
Personnel or the General Administration
Department is the central personnel agency in
the state.
▪
The recommendations made by the SPSC are not
binding on the government. It is up to the state
government to accept or reject that advice. The
only safeguard is the answerability of the
government to the state legislature for
departing from the recommendation of the
Commission.
Independence of SPSC
As in the case of UPSC, the Constitution has made the
following provisions to safeguard and ensure the
independent and impartial functioning of a SPSC:
a) The chairman or a member of a SPSC can be
removed from office by the president only in
the manner and on the grounds mentioned
in the Constitution. Therefore, they enjoy
the security of tenure.
b) The conditions of service of the chairman or
a member, though determined by the
governor, cannot be varied to his
disadvantage after his appointment.
c) The entire expense including the salaries,
allowances and pensions of the chairman
and members of a SPSC are charged on the
consolidated fund of the state. Thus, they
are not subject to vote of the state
legislature.
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CONSTITUTIONAL BODIES
Removal
Joint Public Service Commission
▪
The ‘’Joint State Public Service Commission’’ is
created by the Parliament through a legislation (law)
▪
Report of JPSC
▪
The JPSC submits the annual report to the
‘Governor’ of the concerned states.
▪
The report of JPSC is not submitted to the President.
▪
The Governor places the report of JPSC before the
concerned State Legislature and is discussed.
on the request of the state legislatures concerned.
▪
Example the 2 states of Punjab and Haryana had a
JSPSC for a short period, after the creation of
Haryana out of Punjab in 1966.
Same as SPSC
Composition
The Chairman of JPSC after Retirement
▪
▪
The Chairman of JPSC after retirement cannot be
reappointed to the same JPSC.
▪
The Chairman of JPSC after retirement can be
appointed as:
There is a ‘chairman’ and ‘members’ for JSPSC
appointed by the President
Qualifications
▪
▪
The qualifications of ‘Chairman’ and ‘members’ are
not specified in the Constitution.
But, at least half the members of the commission
must have had 10 years of service under the
Government of India or under Government of a
State.
-
The ‘Chairman’ of UPSC
-
A ‘member’ of UPSC
-
The ‘Chairman’ of other JPSC
-
The ‘Chairman’ of
Commission (SPSC).
Appointment
▪
The ‘Chairman’ and the ‘members’ of JPSC are
appointed by the President of India
Strength
▪
State
Public
Service
A Member of JPSC after Retirement
▪
A member of JPSC after retirement cannot be
reappointed as a member in the same JPSC.
The strength of JPSC is decided by the President.
-
A member of JPSC can be appointed as:
-
The Chairman of same JPSC.
-
The Chairman of other JPSC.
Term
▪
The Chairman and members of the JSPSC hold office
for a term of
-
6 years, OR
-
-
Until they attain the age of 62 years whichever
is earlier.
The Chairman of other State Public Service
Commission
-
The Chairman of UPSC.
Resignation
-
A member of other JPSC.
▪
-
A member of other State Public Service
Commission.
-
A member of UPSC
The ‘Chairman’ and ‘members’ of JSPSC submit the
resignation to the President.
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CONSTITUTIONAL BODIES
FINANCE COMMISSION
▪
Finance Commission of India was formed in the year
1951 under Article 280 of the Constitution of India.
▪
The objective of forming the Finance Commission
was to recommend allocation of revenues between
the ‘Union’ and ‘state’ government in India
adequately.
Constitutional Article
Article 280
Appointment
By the President
Finance
Commission
Tenure
‘President’ of India specifies
(Normally 5
years)
Advisory body
Type
Formation of Finance Commission
Article 280 of the constitution states ▪
▪
The President shall, within two years from the
commencement of this Constitution and thereafter
and at the expiration of every fifth year or at such
time earlier as the President considers necessary, by
order constitute a Finance Commission which shall
consist of a ‘Chairman’ and 4 other members to be
appointed by the President.
It shall be the duty of the Commission to make
recommendations to the President as to –
(a) the distribution between the Union and the States of
the net proceeds of taxes which are to be, or may be,
divided between them under this Chapter and the
allocation between the States of the respective shares of
such proceeds;
(b) the principles which should govern the grants in aid
of the revenues of the States out of the Consolidated
Fund of India;
(c) any other matter referred to the Commission by the
President in the interests of sound finance
▪
The Commission shall determine their procedure
and shall have such powers in the performance
of their functions as Parliament may by law
confer on them.
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CONSTITUTIONAL BODIES
Composition
▪
The Finance Commission consists of a chairman and
4 other members to be appointed by the President.
▪
They hold office for such a period as specified by the
President in his order.
▪
They are eligible for reappointment.
▪
The Constitution authorizes the Parliament to
determine the ‘qualifications’ of members and the
‘manner’ in which they should be selected.
▪
Accordingly, the Parliament has specified the
qualifications of the ‘chairman’ and ‘members’ of the
commission.
▪
The chairman should be a person having experience
in ‘public affairs’ and 4 other members should be
selected from amongst the following:
A ‘judge of high court’ or one qualified to be appointed as one.
A person who has specialized knowledge of ‘finance’ and ‘accounts’ of the government.
A person who has wide experience in ‘financial matters’ and in administration.
A person who has special knowledge of economics
Functions
Advisory Role
▪
The Finance Commission is required to make
recommendations to the President of India on the
following matters -
▪
The recommendations made by the Finance
Commission are only of ‘advisory nature’ and hence,
not binding on the government.
1. The distribution of net proceeds of taxes to be
shared between the ‘Centre’ and ‘states’, and
the allocation between the states of the
respective shares of such proceeds (i.e. both
‘vertical’ and ‘horizontal’ distribution).
▪
It is up to the Union government to implement its
recommendations on granting money to the states.
▪
It is nowhere laid down in the Constitution that the
recommendations of the commission shall be
binding upon the Government of India or that it
would give rise to a legal right in favour of the
beneficiary states to receive the money
recommended to be offered to them by the
Commission.
2. The principles that should govern the ‘grants-inaid’ to the states by the Centre (i.e., out of the
consolidated fund of India).
3. The measures needed to augment the
‘Consolidated fund of a State’ to supplement
the resources of the ‘Panchayats’ and
‘Municipalities’ in the state on the basis of the
recommendations made by the ‘State finance
commission’.
4. Any other matter referred to it by the President
in the interests of ‘sound finance’.
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CONSTITUTIONAL BODIES
National Commission for Schedule Caste
▪
The ‘’National Commission for Scheduled Castes’’
has been constituted under Article 338 of the
Constitution of India as amended by the
Constitution.
▪
The Commission shall consist of a ‘Chairperson’, a
‘Vice-Chairperson’ and 3 other members.
▪
Article 338 of the Constitution provides for a
commission for the Scheduled Castes known as
‘’National Commission for Scheduled Castes’’.
Evolution
▪
Originally, Article 338 of the Constitution provided for the appointment of a ‘Special Officer for Scheduled Castes
(SCs) and Scheduled Tribes (STs)’ to investigate all matters relating to the constitutional safeguards for the SCs
and STs and to report to the ‘President’ on their working.
▪
He was designated as the Commissioner for SCs and STs and assigned the said duty.
▪
In 1978, the Government (through a Resolution) set up a ‘non-statutory’ multi-member Commission for SCs and
STs; the ‘Office of Commissioner for SCs and STs’ also continued to exist.
▪
In 1987, the Government (through another Resolution) modified the functions of the Commission and renamed
it as the ‘National Commission for SCs and STs’.
▪
Later, the 65th Constitutional Amendment Act of 1990 provided for the establishment of a high level multimember ‘’National Commission for SCs and STs’’ in the place of a ‘’single Special Officer for SCs and STs’’.
❖ This constitutional body replaced the ‘Commissioner for SCs and STs’ as well as the Commission set up
under the Resolution of 1987.
▪
Again, the 89th Constitutional Amendment Act of 2003 bifurcated the combined National Commission for SCs
and STs into two separate bodies, namely,
National Commission for Scheduled Castes (under Article 338)
National Commission for Scheduled Tribes (under Article 338- A).
▪
The separate National Commission for SCs came into existence in 2004.
Composition
NCSC
Chairman
Vice-Chairman
3 Others
Appointment
They are appointed by the President by ‘’warrant under his
hand and seal’’.
Report
The commission presents an annual report to the
President.
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CONSTITUTIONAL BODIES
Composition
▪
4. To present to the President, annually and at
such other times as it may deem fit, reports
upon the working of those safeguards;
5. To make recommendations as to the measures
that should be taken by the Union or a state for
the effective implementation of those
safeguards and other measures for the
protection, welfare and socio-economic
development of the SCs; and
6. To discharge such other functions in relation to
the protection, welfare and development and
advancement of the SCs as the president may
specify.
It consists of a chairman, a vice-chairman and three
other members. (1+1+3)
▪
They are appointed by the President by ‘warrant
under his hand and seal’,
▪
Their conditions of service and tenure of office is
determined by the President.
Report of the Commission
▪
The commission presents an annual report to the
President.
▪
It can also submit a report as and when it thinks
necessary.
▪
The President places all such reports before the
Parliament, along with a ‘’memorandum’’ explaining
the action taken on the recommendations made by
the Commission.
▪
The memorandum should also contain the reasons
for the ‘’non-acceptance’’ of any of such
Powers of the Commission
▪
The Commission is vested with the power to
‘’regulate’’ its own procedure.
▪
The Commission, while investigating any matter or
inquiring into any complaint, has all the powers of a
civil court trying a suit and in particular in respect of
the following matters:
a) summoning and enforcing the attendance of any
person from any part of India and examining him
on oath;
recommendations.
▪
b) requiring the discovery and production of any
document;
The President also forwards any report of the
Commission pertaining to a state government to the
state governor.
▪
The Governor places it before the state legislature,
along with a ‘’memorandum’’ explaining the action
taken on the recommendations of the Commission.
▪
The memorandum should also contain the reasons
for the non-acceptance of any of such
c) receiving evidence on affidavits;
d) requisitioning any public record from any court
or office
recommendations.
e)
issuing summons for the examination of
witnesses and documents; and
f)
any other matter which the President may
determine
Functions of the Commission
1.
To investigate and monitor all matters relating
to the constitutional and other legal safeguards
for the SCs and to evaluate their working;
2. To inquire into specific complaints with respect
to the deprivation of rights and safeguards of
the SCs;
3. To participate and advise on the planning
process of socio-economic development of the
SCs and to evaluate the progress of their
development under the Union or a state;
▪
The Central government and the state governments
are required to consult the Commission on all major
policy matters affecting the SCs.
▪
The Commission is also required to discharge similar
functions with regard to the Anglo-Indian
Community as it does with respect to the SCs. (Other
backward classes(OBC) have been kept out of
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CONSTITUTIONAL BODIES
purview after the constitutionalization of National
commission for Backward classes in 2018).
▪
safeguards for the OBCs and the Anglo-Indian
Community and report to the President upon their
working.
In other words, the Commission has to investigate all
matters relating to the constitutional and other legal
National Commission for Schedule Tribes
▪
The National Commission for Scheduled Tribes
(NCST) was formed by amending Article 338 and
incorporating a new Article 338A in the Constitution.
▪
This amendment replaced the previous National
Commission for ‘Scheduled Castes’ and ‘Scheduled
Tribes’, and formed 2 distinct Commissions.
▪
Like the National Commission for Scheduled Castes
(SCs), the National Commission for Scheduled Tribes
(STs) is also a constitutional body.
Separate Commission for STs:
▪
Geographically and culturally, the STs are different from the SCs and their problems are also different from those
of SCs.
▪
In 1999, a new Ministry of Tribal Affairs was created to provide a sharp focus to the welfare and development of
the STs.
▪
It was felt necessary that the Ministry of Tribal Affairs should co-ordinate all activities relating to the STs as it
would not be administratively feasible for the Ministry of Social Justice and Empowerment to perform this role.
▪
Hence, in order to safeguard the interests of the STs more effectively, it was proposed to set up a separate
‘’National Commission for STs’’ by bifurcating the existing combined ‘’National Commission for SCs and STs’’
which was created by 65th constitutional amendment act of 1990. This was done by passing the 89th
Constitutional Amendment Act of 2003.
▪
This Act further amended Article 338 and inserted a new Article 338-A in the Constitution.
▪
The separate National Commission for STs came into existence in 2004.
Composition
NCST
Chairman
Vice-Chairman
3 Other
Appointment
They are appointed by the ‘President’ by ‘‘warrant under his
hand and seal’’
Report
The commission presents an annual report to the president.
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CONSTITUTIONAL BODIES
Composition
▪
I.
Measures to be taken over conferring ownership
rights in respect of ‘minor forest produce’ (MFPs)
to STs living in forest areas.
II.
Measures to be taken to safeguard rights of the
tribal communities over mineral resources,
water resources etc., as per law.
III.
Measures to be taken for the development of
tribals and to work for more viable livelihood
strategies.
IV.
Measures to be taken to improve the efficacy of
relief and rehabilitation measures for tribal
groups displaced by development projects.
V.
Measures to be taken to prevent alienation of
tribal people from land and to effectively
rehabilitate such people in whose case
alienation has already taken place.
VI.
Measures to be taken to elicit maximum
cooperation and involvement of tribal
communities for protecting forests and
undertaking social afforestation.
VII.
Measures to be taken to ensure full
implementation of the Provisions of Panchayats
(Extension to the Scheduled Areas) Act, 1996.
VIII.
Measures to be taken to reduce and ultimately
eliminate the practice of shifting cultivation by
tribals that lead to their continuous
disempowerment and degradation of land and
the environment.
It consists of a chairperson, a vice-chairperson and
three other members. (1+1+3)
▪
They are appointed by the President by ‘’warrant
under his hand and seal’’.
▪
Their ‘conditions of service and tenure of office’ are
also determined by the President
Functions of the Commission
▪
The functions of the Commission are:
a) To investigate and monitor all matters relating to
the ‘constitutional’ and ‘other legal safeguards’
for the STs and to evaluate their working;
b) To inquire into ‘specific complaints’ with respect
to the deprivation of rights and safeguards of the
STs;
c) To participate and advise on the planning
process of ‘socio-economic development’ of the
STs and to evaluate the progress of their
development under the Union or a state;
d) To present to the President, annually and at such
other times as it may deem fit, reports upon the
working of those safeguards;
e) To make recommendations as to the measures
that should be taken by the ‘Union’ or a ‘state’
for the effective implementation of those
safeguards and other measures for the
protection, welfare and socio-economic
development of the STs; and
f)
To discharge such other functions in relation to
the ‘protection’, ‘welfare’ and ‘development’
and advancement of the STs as the President
may specify.
Other Functions of the Commission
▪
In 2005, the President specified the following other
functions of the Commission in relation to the
protection, welfare and development and
advancement of the STs:
Report of the Commission
▪
The Commission presents an annual report to the
President.
▪
It can also submit a report as and when it thinks
necessary.
▪
The President places all such reports before the
Parliament, along with a ‘memorandum’ explaining
the action taken on the recommendations made by
the Commission.
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▪
CONSTITUTIONAL BODIES
The memorandum should also contain the reasons
for the ‘non-acceptance’ of any of such
e) issuing summons for the examination of
witnesses and documents; and
recommendations.
f)
any other matter which the President may
determine.
▪
The President also forwards any report of the
Commission pertaining to a state government to the
state governor.
▪
The governor places it before the state legislature,
along with a memorandum explaining the action
taken on the recommendations of the Commission.
▪
The memorandum should also contain the reasons
for the non-acceptance of any of such
Key-facts about Indian Tribes:
recommendations.
▪
▪
▪
The Commission is vested with the power to
‘regulate’ its own procedure.
The Commission, while investigating any matter or
inquiring into any complaint, has all the powers of a
civil court trying a suit and in particular in respect of
the following matters:
▪
the total ST population.
▪
Gond is the second largest tribe, with a population of
4,357,918 constituting of 35.6 percent.
▪
Madhya Pradesh has more than 1.6 Crore ST
population who mare 21 percent of the state
population. According to 2011 census Madhya
Pradesh has the highest tribal population in the
state.
▪
States having maximum ratio of scheduled tribe, as
per census 2011 is ‘Lakshadweep’ and ‘Mizoram’.
▪
‘Madhya Pradesh’ and ‘Odisha’ are the top 2 states
with highest tribal population respectively.
c) receiving evidence on affidavits;
d) requisitioning any public record from any court
or office;
‘Bhil’ is the most populous tribe with a total
population of 4,618,068 constituting 37.7 percent of
a) summoning and enforcing the attendance of any
person from any part of India and examining him
on oath;
b) requiring the discovery and production of any
document;
According to the 2011 Census of India, Scheduled
Tribes make up 8.6 percent of India's population or
104 million people.
Powers of the Commission
▪
The Central government and the state governments
are required to consult the Commission on all major
policy matters affecting the STs.
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CONSTITUTIONAL BODIES
▪
It is established under Article 338B of the
constitution with the objective of monitoring all the
safeguards provided for the Backward Classes under
the constitution or other laws.
▪
Earlier, ‘National Commission for Backward Classes’
was a statutory body established by NCBC Act, 1993.
National Commission for Backward Classes
▪
The National Commission for Backward Classes
came into being consequent upon passing of the
102th Constitutional Amendment Act of 2018.
-
Appointment of a commission to investigate the
conditions of the backard class.
Article 340
-
Two Backward Class
1950's & 1970's
-
under Kaka Kalelkar and the other under B.P. Mandal.
Indra Sawhney
Case of 1992
-
Supreme Court directed the government to establish a
permanent commission to study and recommend the
inclusion and exclusion of various backward classes for
the purposes of benefits and protection.
-
In 1993
Parliament passed the ‘National Commission for
Backward Classes Act’, which established the NCBC
under the Ministry of Social Justice and Empowerment.
In 2017
The 123rd constitution amendment bill was introduced
in Parliament in 2017 to strengthen NCBC and better
protect the interests of backward sections.
August 2018
The bill of 2017 got presidential assent in August 2018
and provided constitutional status to NCBC.
Composition of the Commission
▪
-
political workers belonging to socially and
educationally backward classes
NCBC is composed of a chairperson, a vicechairperson and 3 other members. The conditions of
service and tenure are determined by the President.
▪
-
Their conditions of service and tenure of office are
also determined by the President
▪
Among the members, there should be:
at least 2 members including vice-chairperson
from other backward classes,
They are appointed by the President by warrant
under his hand and seal.
▪
Chairperson from amongst eminent socio-
-
at least 1 woman,
Functions
▪
The functions of the Commission are:
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-
To investigate and monitor all matters relating
to the safeguards provided for the socially and
educationally backward classes and to evaluate
the working of such safeguards;
-
To inquire into specific complaints with respect
to the deprivation of rights and safeguards of
the socially and educationally backward classes;
-
To participate and advise on the socio-economic
CONSTITUTIONAL BODIES
Powers of the Commission
▪
The Commission is vested with the power to
regulate its own procedure.
▪
The Commission, while investigating any matter or
inquiring into any complaint, has all the powers of a
civil court trying a suit and in particular in respect of
the following matters:
development of the socially and educationally
backward classes and to evaluate the progress
of their development under the Union and any
State;
-
-
summoning and enforcing the attendance of any
person from any part of India and examining him
on oath;
To present to the President, annually and at
such other times as the Commission may deem
fit, reports upon the working of those
safeguards;
To make in such reports the recommendations
as to the measures that should be taken by the
Union or any State for the effective
implementation of those safeguards and other
measures for the protection, welfare and socioeconomic development of the socially and
educationally backward classes; and
-
To discharge such other functions in relation to
the protection, welfare and development and
advancement of the socially and educationally
backward classes as the President may specify.
Special officer for Linguistic Minorities
▪
-
requiring the discovery and production of any
document;
-
receiving evidence on affidavits;
-
requisitioning any public record from any court
or office;
-
issuing summons for the examination of
witnesses and documents; and
-
any other matter which the President may
determine.
The Central government and the state governments
are required to consult the Commission on all major
policy matters affecting the socially and
educationally backward classes.
This article contains the following provisions
-
Constitutional Provisions
▪
Originally, the Constitution of India did not make any
provision with respect to the Special Officer for
Linguistic Minorities.
▪
Later, the States Reorganisation Commission (195355) made a recommendation in this regard.
▪
Accordingly, the 7th Constitutional Amendment Act
of 1956 inserted a new Article 350-B in Part XVII of
the Constitution.
There should be a Special Officer for Linguistic
Minorities. He is to be appointed by the
President of India.
-
To investigate all matters relating to the
safeguards provided for linguistic minorities
under the Constitution
-
He would report to the President upon those
matters at such intervals as the President may
direct. The President should place all such
reports before each House of Parliament and
send them to the governments of the states
concerned.
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CONSTITUTIONAL BODIES
▪
▪
It must be noted here that the Constitution does not
specify the qualifications, tenure, salaries and
allowances, service conditions and procedure for
removal of the Special Officer for Linguistic
Minorities.
At the Central level, the Commissioner falls under
the Ministry of Minority Affairs. Hence, he submits
the annual reports or other reports to the President
through the Union Minority Affairs Minister.
Role
Commissioner for Linguistic Minorities
▪
▪
In pursuance of the provision of Article 350-B of the
Constitution, the office of the Special Officer for
Linguistic Minorities was created in 1957.
▪
He is designated as the Commissioner for Linguistic
Minorities.
▪
The Commissioner has his headquarters at
Allahabad (Uttar Pradesh). It has been shifted to New
Constitutional and Nationally Agreed Scheme of
Safeguards provided to linguistic minorities that
come to its notice or are brought to its knowledge
by the linguistic minority individuals, groups,
associations or recommends remedial actions to be
taken.
▪
Delhi with effect from 1 June 2015.
▪
Takes up the matters pertaining to the grievances
arising out of the non-implementation of the
He has three regional offices at Belgaum (Karnataka),
To promote and preserve linguistic minority groups,
the Ministry of Minority Affairs has requested the
State Governments / Union Territories to give wide
publicity to the constitutional safeguards provided
to linguistic minorities and to take necessary
administrative measures.
Chennai (Tamil Nadu) and Kolkata (WB). Each is
headed by an Assistant Commissioner.
▪
The Commissioner is assisted at headquarters by the
Deputy
Commissioner
and
an
Assistant
Commissioner.
▪
The state governments and UT Administrations were
urged to accord priority to the implementation of
the scheme of safeguards for linguistic minorities.
▪
He maintains liaison with the State Governments
and Union Territories through nodal officers
appointed by them.
▪
The Commissioner launched a 10 point programme
to lend fresh impetus to Governmental efforts
towards the preservation of the language and
culture of linguistic minorities.
Vision and Mission
Vision
Streamlining and strengthening implementation machinery and mechanism for effective implementation of the
Constitutional safeguards for the Linguistic Minorities, thereby ensuring protection of the rights of speakers of the
minority languages so as to provide them equal opportunities for inclusive and integrated development.
Mission
To ensure that all the states / U.T.s effectively implement the Constitutional safeguards and the nationally agreed
scheme of safeguards for the linguistic minorities for providing them equal opportunities for inclusive
development.
Functions
• To investigate all matters related to safeguards provided to the linguistic minorities
• To submit to the President of India, the reports on the status of implementation of the Constitutional and the
nationally agreed safeguards for the linguistic minorities
• To monitor the implementation of safeguards through questionnaires, visits, conferences, seminars,
meetings, review mechanism, etc
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CONSTITUTIONAL BODIES
Objectives
1. To provide equal opportunities to the linguistic minorities for inclusive development and national integration
2. To spread awareness amongst the linguistic minorities about the safeguards available to them
3. To ensure effective implementation of the safeguards provided for the linguistic minorities in the Constitution
and other safeguards, which are agreed to by the states / U.T.s
4. To handle the representations for redress of grievances related to the safeguards for linguistic minorities.
Various Constitutional Safeguards:
Educational & Cultural Safeguards
Special provisions for advancement of socially and educationally backward classes (which includes
Article 15(4)
STs)
Article 29
Article 46
Protection of Interests of Minorities
The State shall promote, with special care, the educational and economic interests of the weaker
sections of the people, and in particular, of the Scheduled Castes, and the Scheduled Tribes, and
shall protect them from social injustice and all forms of exploitation
Social Safeguard
Article 23
Prohibition of traffic in human beings and beggar and another similar form of forced labor
Article 24
Prohibition of employment of children in factories etc.
Economic Safeguards
Clause(1) Provisions of Fifth Schedule shall apply to the administration & control of the Scheduled
Article 244
Areas and Scheduled Tribes in any State other than the states of Assam, Meghalaya, Mizoram, and
Tripura which are covered under Sixth Schedule, under Clause (2) of this Article.
Article 275
Grants-in-Aid to specified States covered under Fifth and Sixth Schedules of the Constitution.
Political Safeguards
Article164(1) Provides for Tribal Affairs Ministers in Bihar, MP, and Orissa
Article 330
Reservation of seats for SC and STs in Lok Sabha
Article 332
Reservation of seats for SC and STs in State Legislatures
Article 243D
Reservation of seats in Panchayats
Article 371
Special provisions in respect of the NE States and Sikkim
Service Safeguards
Under Article16(4),16(4A),16(4B) Article335
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CONSTITUTIONAL BODIES
Comptroller and Auditor-General of India
▪
Article 148-151 of Part V deals with the Comptroller and Auditor General of India CAG is one of the most important
offices under the Constitution of India.
Articles
Provisions
Article 148
Comptroller and Auditor General of India
Article 149
Duties and powers of the Comptroller and Auditor General
Article 150
Form of accounts of the Union and the states
Article 151
Audit reports
Appointment and term of office
▪
The Comptroller and Auditor-General of India is
▪
appointed by the President of India.
▪
without fear or favour, affection or ill-will; and to
uphold the Constitution and the laws.
Before taking his office, He takes oath in the
presence of the President to bear true faith and
allegiance to the Constitution of India and to uphold
the sovereignty and integrity of India, to duly and
faithfully and to the best of his ability, knowledge
and judgement perform the duties of his office
He holds office until he attains the age of sixty five
years or at the expiry of the six-year term, whichever
is earlier. He can resign any time from his office by
addressing the resignation to the President.
▪
He can also be removed by the President on the
same grounds and in the same manner as a judge of
the Supreme Court.
Submitted Union
Article 151
Audit Report
Submitted State
CAG
Article 150
Article 148
Accounts of the Union and the states
Appointment
By the President
Removal
Similar to the SC Judge
Expenses
Consolidated Fund of India
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Duties and functions
The Constitution (Article 149) authorizes the Parliament
to prescribe the duties and powers of the CAG in relation
to the accounts of the Union and of the states and of any
other authority or body. Accordingly, the Parliament
enacted the CAG’s (Duties, Powers and Conditions of
Service) act, 1971.
▪
▪
CONSTITUTIONAL BODIES
▪
He audits the accounts of any other authority when
requested by the President or Governor.
For
example, the audit of local bodies.
▪
He audits the receipts and expenditure of the
following:
-
All bodies and authorities substantially
financed from the Central or state revenues;
of the Indian Audit and Accounts Department.
-
Government companies; and
His duty is to uphold the Constitution of India and
laws of Parliament in the field of financial
-
Other corporations and bodies, when so
He is the guardian of the public purse. He is the head
required by related laws.
administration.
▪
▪
▪
▪
His duties are to audit the accounts of the Union and
the States and to ensure that nothing is spent out of
the Consolidated Fund of India and of the States
without the sanction of Parliament or the respective
State Legislatures.
He submits an audit report of the Union to the
President who shall lay it before Parliament and the
audit reports of the States to the respective
Governors who shall lay it before the respective
State Legislatures.
Independence of the office of CAG
▪
Because of the Importance of the office of the
Comptroller and Auditor General, the Constitution
contains following provisions to ensure the
impartiality of the office and to make independent of
the Executive.
-
In case of Union Territories, the Comptroller and
Auditor General submits audit report to Lt.
President, he may be removed from his office
only on ground of proved misbehaviour or
incapacity in the same manner as a Judge of the
Supreme Court is removed i.e. each House of
Governors where the Union Territories have
Legislative Assemblies of their own. The accounts of
Parliament passing a resolution supported by
not less than two-thirds of the members present
the other Union Territories are audited by him as
part of the account of the Union of India.
and voting and by a majority of the House.
-
His salary and conditions of service are
determined by the parliament which cannot be
changed to his disadvantage during his term of
office except under a financial emergency.
-
Charged expenditure- His salary is charged on
He audits all expenditure from the all 3 funds i.e.
Consolidated fund, Contingency fund and Public
account of both Union and states along with UT’s
with a legislative assembly.
▪
the Consolidated Fund of India and is not subject
to the vote of Parliament He is paid a salary
equivalent to that of a Judge of the Supreme
Court. On retirement, he shall be eligible for an
He ascertains and certifies the net proceeds of any
tax or duty (Article 279). His certificate is final. The
‘net proceeds’ means the proceeds of a tax or a duty
minus the cost of collection.
▪
Security of tenure- Though appointed by the
He acts as a guide, friend and philosopher of the
Public Accounts Committee of the Parliament.
annual pension.
-
The administrative expenses of the office of the
CAG, including all salaries, allowances and
pensions of persons serving in that office are
charged upon the Consolidated Fund of India.
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-
-
-
In other matters, his condition of service shall be
determined by the Rules applicable to an IAS
officer holding the rank of a Secretary to the
Government of India.
He can not hold any office under Centre or any
state government after his retirement.
CONSTITUTIONAL BODIES
Appleby’s criticismHe recommended the abolition of the office of CAG. His
points of criticism of Indian audit are as follows:
1. The function of the CAG in India, is in a
large measure, an inheritance from the
colonial rule.
Freedom to appoint his own staff- The conditions
2. The CAG is today a primary cause of
widespread
and
paralysing
of service of persons serving in the Indian Audit
and
Accounts
Department
and
the
administrative powers of the CAG are prescribed
by the president after consultation with the
unwillingness to decide and to act.
Auditing has a repressive and negative
influence.
CAG.
3. The Parliament has a greatly
exaggerated notion of the importance of
auditing to Parliamentary responsibility,
and so has failed to define the functions
of the CAG as the Constitution
Role of CAG-
contemplated it would do.
The role of CAG is to uphold the Constitution of
India and the laws of Parliament in the field of
financial administration.
-
4. The CAG’s function is not really a very
The accountability of the executive (i.e., council
important one. Auditors do not know
and cannot be expected to know very
much about good administration.
of ministers) to the Parliament in the sphere of
financial administration is secured through audit
-
reports of the CAG.
The CAG is an agent of the Parliament and
conducts audit of expenditure on behalf of the
5. A deputy secretary in the department
knows more about the problems in his
department than the CAG and his entire
Parliament. Therefore, he is responsible only to
staff.
the Parliament.
Attorney General of India
▪
The Attorney General of India
▪
Article 76 provides for the office of the Attorney
General for India. The Attorney General of India is the
It means he may be removed by the President at any
time.
▪
highest law officer of the Government of India.
Appointment and term of office
▪
The Attorney General is appointed by the President.
He holds office during the pleasure of the President.
He may also quit his office by submitting his
resignation to the President Conventionally, he
resigns when the Council of ministers resign or is
replaced as he is appointed on their advice
Duties and Functions
In order to be appointed as Attorney-General of
India, a person must be qualified to be appointed as
a judge of the Supreme Court.
His duties are
-
To give advice to the Government of India on legal
matters
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-
-
▪
▪
▪
CONSTITUTIONAL BODIES
To perform other legal duties which are referred or
assigned to him by the President and
words, Article 76 does not mention about the
solicitor general and additional solicitor general.
To discharge the functions conferred on him by the
Constitution or any other law.
In the performance of his legal duties, the Attorney
General enjoys the right of audience in all the courts
of India.
He is also entitled to take part in the proceedings of
Parliament and the Parliamentary Committees
without the right to vote.
He represents the Union and the States before the
courts but is also allowed to take up private practice
provided the other party is not the State.
Advocate General of State
▪
Article 165 of the Indian Constitution provides for
the Advocate general for the states.
▪
The Advocate General is the highest law officer of a
State. The office corresponds to the office of the
Attorney-General of India at the central level and
enjoys similar function within the state.
▪
qualified to be appointed as a Judge of a High Court
can only be appointed as Advocate-General.
Limitations
▪
He is not a full-time councill for the government and
He is appointed by the Governor. A person who is
▪
He holds office during the pleasure of the Governor
and receives such remuneration as the Governor
may determine.
▪
The Advocate General can also quit the office by
submitting the resignation to the Governor.
▪
Also, the Constitution does not fix the remuneration
of the Advocate General and he/she receives such
does not fall under the category of the government
servant.
▪
▪
▪
▪
▪
He should not advise or hold a brief against the
Government of India.
He should not advise or hold a brief in cases in which
he is called upon to advise or appear for the
Government of India.
He should not defend accused persons in criminal
prosecutions without the permission of the
Government of India.
He should not accept appointment as a director in
any company or corporation without the permission
of the Government of India.
He should not advise any ministry or department of
Government of India or any statutory organization or
any public sector undertaking unless the proposal or
a reference in this regard is received through the
Ministry of Law and Justice, Department of Legal
Affairs.
remuneration as the Governor may determine.
▪
It is not a full-time post and he/she can engage in
private legal practice.
▪
The Advocate General can also be reappointed or is
eligible for any other government appointment after
ceasing to hold office.
Duties and Functions
▪
He has the right to speak and participate in the
proceedings of the House or Houses of the State
Legislature without the right to vote.
General and four Additional Solicitors-General.
▪
He has the right to audience in any court in the State
Solicitor General of India
▪
He enjoys all legislative privileges which are available
to a member of legislature
▪
He gives advice to the State Government upon such
legal matters as may referred to him
The Attorney-General is assisted by two Solicitors
-
They assist the AG in the fulfilment of his official
-
responsibilities.
It should be noted here that only the office of the
AG is created by the Constitution. In other
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▪
He performs such other duties of a legal character as
may be assigned to him by Governor from time to
time, or are conferred on him by the constitution.
CONSTITUTIONAL BODIES
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NON-CONSTITUTIONAL BODIES
Comptroller and Auditor-General of India
▪
Article 148-151 of Part V deals with the Comptroller and Auditor General of India CAG is one of the most important
offices under the Constitution of India.
Articles
Provisions
Article 148
Comptroller and Auditor General of India
Article 149
Duties and powers of the Comptroller and Auditor General
Article 150
Form of accounts of the Union and the states
Article 151
Audit reports
Appointment and term of office
▪
The Comptroller and Auditor-General of India is
▪
appointed by the President of India.
▪
without fear or favour, affection or ill-will; and to
uphold the Constitution and the laws.
Before taking his office, He takes oath in the
presence of the President to bear true faith and
allegiance to the Constitution of India and to uphold
the sovereignty and integrity of India, to duly and
faithfully and to the best of his ability, knowledge
and judgement perform the duties of his office
He holds office until he attains the age of sixty five
years or at the expiry of the six-year term, whichever
is earlier. He can resign any time from his office by
addressing the resignation to the President.
▪
He can also be removed by the President on the
same grounds and in the same manner as a judge of
the Supreme Court.
Submitted Union
Article 151
Audit Report
Submitted State
CAG
Article 150
Article 148
Accounts of the Union and the states
Appointment
By the President
Removal
Similar to the SC Judge
Expenses
Consolidated Fund of India
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Duties and functions
The Constitution (Article 149) authorizes the Parliament
to prescribe the duties and powers of the CAG in relation
to the accounts of the Union and of the states and of any
other authority or body. Accordingly, the Parliament
enacted the CAG’s (Duties, Powers and Conditions of
Service) act, 1971.
▪
▪
NON-CONSTITUTIONAL BODIES
▪
He audits the accounts of any other authority when
requested by the President or Governor.
example, the audit of local bodies.
▪
He audits the receipts and expenditure of the
following:
-
All bodies and authorities substantially
financed from the Central or state revenues;
of the Indian Audit and Accounts Department.
-
Government companies; and
His duty is to uphold the Constitution of India and
laws of Parliament in the field of financial
-
Other corporations and bodies, when so
He is the guardian of the public purse. He is the head
required by related laws.
administration.
▪
▪
▪
▪
His duties are to audit the accounts of the Union and
the States and to ensure that nothing is spent out of
the Consolidated Fund of India and of the States
without the sanction of Parliament or the respective
State Legislatures.
He submits an audit report of the Union to the
President who shall lay it before Parliament and the
audit reports of the States to the respective
Governors who shall lay it before the respective
State Legislatures.
Independence of the office of CAG
▪
Because of the Importance of the office of the
Comptroller and Auditor General, the Constitution
contains following provisions to ensure the
impartiality of the office and to make independent of
the Executive.
-
In case of Union Territories, the Comptroller and
Auditor General submits audit report to Lt.
Governors where the Union Territories have
Legislative Assemblies of their own. The accounts of
Parliament passing a resolution supported by
not less than two-thirds of the members present
the other Union Territories are audited by him as
part of the account of the Union of India.
and voting and by a majority of the House.
-
His salary and conditions of service are
determined by the parliament which cannot be
changed to his disadvantage during his term of
office except under a financial emergency.
-
Charged expenditure- His salary is charged on
He audits all expenditure from the all 3 funds i.e.
with a legislative assembly.
the Consolidated Fund of India and is not subject
to the vote of Parliament He is paid a salary
equivalent to that of a Judge of the Supreme
Court. On retirement, he shall be eligible for an
He ascertains and certifies the net proceeds of any
tax or duty (Article 279). His certificate is final. The
‘net proceeds’ means the proceeds of a tax or a duty
minus the cost of collection.
▪
Security of tenure- Though appointed by the
President, he may be removed from his office
only on ground of proved misbehaviour or
incapacity in the same manner as a Judge of the
Supreme Court is removed i.e. each House of
Consolidated fund, Contingency fund and Public
account of both Union and states along with UT’s
▪
For
He acts as a guide, friend and philosopher of the
Public Accounts Committee of the Parliament.
annual pension.
-
The administrative expenses of the office of the
CAG, including all salaries, allowances and
pensions of persons serving in that office are
charged upon the Consolidated Fund of India.
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-
-
-
In other matters, his condition of service shall be
determined by the Rules applicable to an IAS
officer holding the rank of a Secretary to the
Government of India.
He can not hold any office under Centre or any
state government after his retirement.
Freedom to appoint his own staff- The conditions
of service of persons serving in the Indian Audit
and
Accounts
Department
and
the
administrative powers of the CAG are prescribed
by the president after consultation with the
CAG.
Role of CAG-
The role of CAG is to uphold the Constitution of
India and the laws of Parliament in the field of
financial administration.
-
The accountability of the executive (i.e., council
of ministers) to the Parliament in the sphere of
financial administration is secured through audit
-
reports of the CAG.
The CAG is an agent of the Parliament and
conducts audit of expenditure on behalf of the
Parliament. Therefore, he is responsible only to
the Parliament.
NON-CONSTITUTIONAL BODIES
Appleby’s criticismHe recommended the abolition of the office of CAG. His
points of criticism of Indian audit are as follows:
1. The function of the CAG in India, is in a
large measure, an inheritance from the
colonial rule.
2. The CAG is today a primary cause of
widespread
and
paralysing
unwillingness to decide and to act.
Auditing has a repressive and negative
influence.
3. The Parliament has a greatly
exaggerated notion of the importance of
auditing to Parliamentary responsibility,
and so has failed to define the functions
of the CAG as the Constitution
contemplated it would do.
4. The CAG’s function is not really a very
important one. Auditors do not know
and cannot be expected to know very
much about good administration.
5. A deputy secretary in the department
knows more about the problems in his
department than the CAG and his entire
staff.
3
NON-CONSTITUTIONAL BODIES
4
Attorney General of India
▪
The Attorney General of India
▪
Article 76 provides for the office of the Attorney
General for India. The Attorney General of India is
Limitations
the highest law officer of the Government of India.
▪
▪
servant.
The Attorney General is appointed by the President.
In order to be appointed as Attorney-General of
▪
India, a person must be qualified to be appointed as
a judge of the Supreme Court.
▪
He holds office during the pleasure of the President.
It means he may be removed by the President at any
time.
▪
He may also quit his office by submitting his
resignation to the President Conventionally, he
resigns when the Council of ministers resign or is
replaced as he is appointed on their advice
Duties and Functions
His duties are
-
He is not a full-time councill for the government and
does not fall under the category of the government
Appointment and term of office
▪
He represents the Union before the courts but is also
allowed to take up private practice provided the
other party is not the State.
To give advice to the Government of India on legal
matters
▪
▪
▪
He should not advise or hold a brief against the
Government of India.
He should not advise or hold a brief in cases in which
he is called upon to advise or appear for the
Government of India.
He should not defend accused persons in criminal
prosecutions without the permission of the
Government of India.
He should not accept appointment as a director in
any company or corporation without the permission
of the Government of India.
He should not advise any ministry or department of
Government of India or any statutory organization
or any public sector undertaking unless the proposal
or a reference in this regard is received through the
Ministry of Law and Justice, Department of Legal
Affairs.
The Attorney-General is assisted by two Solicitors
General and four Additional Solicitors-General.
-
-
▪
▪
To perform other legal duties which are referred or
assigned to him by the President and
To discharge the functions conferred on him by the
Constitution or any other law.
In the performance of his legal duties, the Attorney
General enjoys the right of audience in all the courts
of India.
He is also entitled to take part in the proceedings of
Parliament and the Parliamentary Committees
without the right to vote.
Solicitor General of India
-
They assist the AG in the fulfilment of his official
-
responsibilities.
It should be noted here that only the office of
the AG is created by the Constitution. In other
words, Article 76 does not mention about the
solicitor general and additional solicitor general.
NON-CONSTITUTIONAL BODIES
5
▪
It is not a full-time post and he/she can engage in
private legal practice.
Advocate General of State
▪
Article 165 of the Indian Constitution provides for
the Advocate general for the states.
▪
The Advocate General is the highest law officer of a
State. The office corresponds to the office of the
▪
The Advocate General can also be reappointed or is
eligible for any other government appointment after
ceasing to hold office.
Duties and Functions
▪
He has the right to speak and participate in the
proceedings of the House or Houses of the State
Legislature without the right to vote.
He is appointed by the Governor. A person who is
▪
He has the right to audience in any court in the State
qualified to be appointed as a Judge of a High Court
can only be appointed as Advocate-General.
▪
He enjoys all legislative privileges which are
available to a member of legislature
▪
He holds office during the pleasure of the Governor
and receives such remuneration as the Governor
may determine.
▪
He gives advice to the State Government upon such
legal matters as may referred to him
▪
▪
The Advocate General can also quit the office by
submitting the resignation to the Governor.
He performs such other duties of a legal character as
may be assigned to him by Governor from time to
time, or are conferred on him by the constitution.
▪
Also, the Constitution does not fix the remuneration
of the Advocate General and he/she receives such
Attorney-General of India at the central level and
enjoys similar function within the state.
▪
remuneration as the Governor may determine.
NON-CONSTITUTIONAL BODIES
6
Non-Constitutional Bodies
Non-Statutory Bodies
Statutory Bodies
Regulatory Bodies
Quasi-Judicial Bodies
Statutory Bodies
Whose powers are derived from laws passed by the Indian Parliament.
Statutory Bodies
Whose powers are not derived from any laws, rather it derives their
powers and functions from executive orders and resolutions.
•
NITI Aayog
Establishment
•
On January 1, 2015, the NITI Aayog (National
Institution for Transforming India) was established
as the successor to the planning commission.
•
Created by an executive resolution of the
Government of India (i.e., Union Cabinet).
It is a non-constitutional or extra-constitutional body
(i.e., not created by the Constitution)
•
NITI Aayog accommodates diverse points of view in
a collaborative, rather than confrontationist, setting.
•
NITI’s policy thinking is shaped by a ‘bottom-up’
approach rather than a ‘top- down’ model.
NON-CONSTITUTIONAL BODIES
7
January 01, 2015
NITI Aayog
By govt. resolution
Replaced Planning commission
Chairperson
Regional Council
Governing Council
Special Invitees
Structure
Chairman
Vice-Chairman
Full time
organizational
Framework
Niti Aayog
Full time member
Part time member
Research Wing
Ex-officio member
Specialized
Wing
Consultancy Wing
Chief Executive officer
Secretariat
Team India Wing
Composition of NITI Aayog
-
Minister’. He enjoys the rank of a ‘Cabinet
•
Chairperson: The Prime Minister of India
•
Governing Council: It comprises the Chief Ministers
Minister’.
of all the States, Chief Ministers of Union Territories
with Legislatures (i.e., Delhi and Puducherry) and Lt.
Governors of other Union Territories.
•
-
-
Invitees:
Experts,
specialists
and
practitioners with relevant domain knowledge are
nominated by the Prime Minister.
•
Full-time Organizational Framework: It comprises,
in addition to the Prime Minister as the Chairperson:
Part-time Members: Maximum of 2, from
leading universities, research organisations and
other relevant institutions in an ex-officio
Regional Councils: These are formed to address
Special
Members: Full-time. They enjoy the rank of a
Minister of State.
specific issues and contingencies impacting more
than one state or a region for a specified tenure.
•
Vice-Chairperson: He is appointed by the ‘Prime
capacity. Part-time members would be on a
rotation.
-
Ex-Officio Members: Maximum of 4 members of
the Union Council of Ministers to be nominated
by the Prime Minister.
NON-CONSTITUTIONAL BODIES
8
Chief Executive Officer: He is appointed by the
-
matching their requirements with solution
providers, public and private, national and
international.
Prime Minister for a fixed tenure, in the rank of
Secretary to the Government of India.
C.
Secretariat: As deemed necessary.
-
Team India Wing: It comprises of the
representatives from “every State and Ministry
and serves as a permanent platform for national
collaboration. Each representative:
Specialised Wings
•
NITI Aayog houses a number of specialised wings,
including:
-
continuous voice and stake in the NITI
Aayog.
A. Research Wing: It develops in-house sectoral
expertise as a dedicated think tank of top-notch
-
domain experts, specialists and scholars.
B.
Ensures that every State/Ministry has a
Establishes a direct communication
channel between the State/Ministry and
NITI Aayog for all development related
matters, as the dedicated liaison
interface.
Consultancy Wing: It provides a market-place of
whetted panels of expertise and funding, for the
Central and State Governments to tap into
Evolve shared national agenda
Competitive and Cooperative Federalism
NITI Aayog
Decentralized Planning
Functions
Capacity building
Monitoring and Evaluation
Foundational
Pillars
Cooperative Federalism
Knowledge and Innovation Hub
Objectives
•
•
To evolve a shared vision of national development
priorities, sectors and strategies with the active
involvement of States in the light of national
objectives.
To foster cooperative federalism through structured
support initiatives and mechanisms with the States
on a continuous basis.
Planning for implementation
•
To develop mechanisms to formulate credible plans
at the village level and aggregate these progressively
at higher levels of government.
•
To ensure, on areas that are specifically referred to
it, that the interests of national security are
incorporated in economic strategy and policy.
•
To pay special attention to the sections of our
society that “may be at risk of not benefitting
adequately from economic progress.
NON-CONSTITUTIONAL BODIES
9
•
To design strategic and long-term policy and
programme frameworks and initiatives, and monitor
their progress and their efficacy.
•
To provide advice and encourage partnerships
between key stakeholders and national and
international like-minded think tanks, as well as
•
Redressal of inequalities based on gender bias, caste
and economic disparities.
•
Integrate villages institutionally
development process.
•
Policy support to more than 50 million small
businesses, which are a major source of employment
creation.
•
Safeguarding our environmental and ecological
assets.
educational and policy research institutions.
•
•
To create a knowledge, innovation and
entrepreneurial support system through a
collaborative community of national and
international experts, practitioners and other
partners.
To offer a platform for resolution of inter-sectoral
•
good governance and best practices in sustainable
and equitable development as well as help their
dissemination to stake-holders
•
To actively monitor and evaluate the
implementation of programmes and initiatives,
including the identification of the needed resources
so as to strengthen the probability of success and
scope of delivery.
•
To focus on technology upgradation and capacity
building for implementation of programmes and
initiatives.
•
To undertake other activities as may be necessary in
order to further the execution of the national
development agenda, and the objectives mentioned
above.
•
kinds—gender, region, religion, caste or class.
•
Demographic dividend: Harness our greatest asset,
the people of India; by focusing on their
development, through education and skilling, and
their empowerment, through productive livelihood
opportunities.
Village: Integrate our villages into the development
process, to draw on the vitality and energy of the
bedrock of our ethos, culture and sustenance.
•
People’s
Participation:
Transform
the
developmental process into a people-driven one,
making an awakened and participative citizenry—the
driver of good governance.
•
Governance:
Nurture
an
open,
transparent,
accountable, pro-active and purposeful style of
The NITI Aayog aims to enable India to better face
complex challenges, through the following:
governance, transitioning focus from Outlay to
Output to Outcome.
Leveraging India’s demographic dividend, and
realization of the potential of youth, men and
women, through education, skill development,
elimination of gender bias, and employment.
•
Inclusion: Empower vulnerable and marginalised
sections, redressing identity-based inequalities of all
•
•
Antyodaya: Prioritise service and uplift of the poor,
marginalised and downtrodden, as enunciated in
Pandit Deendayal Upadhyay’s idea of ‘Antyodaya’.
the implementation of the development agenda.
To maintain a state-of-the-art Resource Centre, on
the
Guiding Principles
and inter-departmental issues in order to accelerate
•
into
Elimination of poverty, and the chance for every
Indian to live a life of dignity and self-respect.
•
Sustainability: Maintain sustainability at the core of
our planning and developmental process, building on
our ancient tradition of respect for the environment.
NON-CONSTITUTIONAL BODIES
10
Success of NITI Aayog in meeting its aims and
objectives:
•
Committee Act., Reforming Medical Education,
Digital Payments Movement, Task Force on
Elimination of Poverty. SATH initiative in education
Speedy implementation: By fostering inter-ministry,
sector etc
inter-state and centre-state coordination. For E.g. it
has quickened the process of implementation of
infrastructure projects like dedicated freight
corridors, Bullet trains etc.
•
•
•
•
•
Greater representation of States and UTs through
NITI Aayog’s Governing Council
issues in order to accelerate the implementation of
the development agenda.
•
evaluation the programs, For eg. Evaluation of
Swachh Bharat Abhiyan, Indices Measuring States’
Performance on Social Indicators, Agricultural
Marketing and Farmer Friendly Reforms Index etc.
•
settle complex issues eg, Sub groups on Swachh
Bharat, Skill Development, Centrally sponsored
schemes
India is a huge country which has lot of vertical and
horizontal imbalances, thus, the flexibility to states
have been provided to plan accordingly to their local
context.
Team India Hub to lead the engagement of states
with the Central government.
Unlike its predecessor Planning Commission, does
not have financial powers nor any say in preparing
annual plans of the states, removing a significant
grievance of state governments.
However, Niti Aayog is facing various challenges in
achieving its objectives:
•
meetings.
•
•
•
Reforms of the Agricultural Produce Marketing
Lack of financing power – It may affect monitoring
and evaluation functions as NITI Aayog may find it
difficult to ensure that states follow their
developmental commitments
ecosystem.
Initiating reforms: for e.g. Model Land Leasing Law,
Objective assessment of Government performance:
It is created and being operated by the government,
thus, there are questions over its objectivity in
assessing the performance of central government.
planning to participative grass root level planning.
has appointed an expert committee on Atal
Innovation Mission and SETU to strengthen the
country’s innovation and entrepreneurship
Dispute Resolution: There is no clarity on how a
dispute arising at NITI Aayog will be resolved,
especially, River water disputes etc.
Bottom-up Approach: Moving from centralised
Knowledge sharing and Promotion of Innovation: It
Problem of Coordination with states: Many state
Chief Ministers from opposition parties, like Delhi,
West Bengal etc have not attended Aayog’s
Policy formulation & Technical support - NITI Aayog
15 year vision.
•
Sensitivity to local context: The NITI Aayog gives up
the "one size fits all" of the Planning commission as
debroy panel on Railways, committee to finalize
land-leasing law, 3 years development agenda within
•
Policy Evaluation: Implementation, monitoring and
Constitution of Sub-Groups of Chief Ministers to
has brought various experts and specialists on one
platform, enabling economic planning. For e.g. Bibek
•
Dispute Resolution: It serves as a platform for
resolution of inter-sectoral and inter-departmental
Foster Cooperative Federalism: NITI Aayog has the
twin mandate to oversee the adoption and
monitoring of the SDGs in the country and promote
competitive and cooperative federalism among
States and UTs.
•
•
•
Resource Constraint - There is a need for capacity
building, attracting best talents, and securing
NON-CONSTITUTIONAL BODIES
11
domain expertise commensurate to new roles and
responsibilities of a strategic think tank
•
Permanent Structure and Consistency: Since, NITI
Aayog is an Executive body any new government can
abolish it, thus, all the initiatives of NITI Aayog will
take a back seat.
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NON-CONSTITUTIONAL BODIES
Zonal Councils
By Rotation (For 1
Union Home Minister
year)
CM of Each Zone
Zonal Council
Set up under
State Reorganization
Act
Purpose
Economic Planning
Social planning
Border disputes
Inter-state transport
•
The first PM Jawaharlal Nehru proposed that country
can be divided into 4 or 5 zonal councils.
•
Five Zonal Councils were set up in the 1956.
•
The Zonal Councils have been created by the States
Reorganisation Act of 1956.
•
This acts like a platform to discuss certain common
issues.
•
Zonal Councils are statutory bodies.
•
They are established by an Act of the Parliament,
that is, States Reorganisation Act of 1956.
•
•
Objectives: The main objectives of setting up of
Zonal Councils are as under :
o
Bringing out national
and emotional
integration of the country.
o
Arresting the growth of acute State
consciousness, regionalism, linguism and
particularistic tendencies
o
Enabling the Centre and the States to cooperate and exchange ideas and experiences
in social and economic matters.
The act divided the country into five zones-
o
Northern, Central, Eastern, Western and Southern
and provided a zonal council for each zone.
Establishing a climate of co-operation
amongst the States for successful and
speedy execution of development projects.
•
Function: In particular, a Zonal Council may discuss,
and make recommendations with regard to:
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NON-CONSTITUTIONAL BODIES
o
any matter of common interest in the field
of economic and social planning;
o
any matter concerning border disputes,
o
any matter connected with, or arising out of,
the reorganization of the States under the
States Reorganization Act.
linguistic minorities or inter-State transport;
and
Composition:
Northern Zonal Council
Haryana, HP, J&K, Punjab, Rajasthan, Delhi and Chandigarh and Ladakh
The Central Zonal Council
Chhattisgarh, Uttaranchal, UP and MP.
The Eastern Zonal Council
Bihar, Jharkhand, Orissa and West Bengal.
The Western Zonal Council Goa, Gujarat, Maharashtra, Daman and Diu, Dadra and Nagar Haveli.
The
Southern
Council
Zonal AP, Telangana, Karnataka, Kerala, Tamil Nadu and Pondicherry.
North-Eastern
Zonal Assam, Arunachal Pradesh, Manipur, Mizoram, Meghalaya, Tripura,
Nagaland and Sikkim
Council
Structure:
•
•
•
Members: Chief Minister and two other Ministers
Chairman: The Union Home Minister is the
as nominated by the Governor from each of the
States and administrator of each union territory in
Chairman of each of these Councils.
the zone.
Vice Chairman: The Chief Ministers of the States
•
Advisers: One person nominated by the Planning
included in each zone act as Vice-Chairman of the
Commission (now NITI Aayog) for each of the Zonal
Zonal Council for that zone by rotation, each holding
Councils,
office for a period of one year at a time.
officer/Development Commissioner nominated by
Chief
Secretaries
and
each of the States included in the Zone.
another
2
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NON-CONSTITUTIONAL BODIES
Central Vigilance Commission
Set Up
Central
Vigilance
Commission
Establishment
By an executive resolution (Santhanam Committee)
Chairperson
Central Vigilance Commissionar
Purpose
•
Set up on February, 1964.
Main agency for preventing corruption in the central
government
Appointment
It was set up on February, 1964 by an executive
resolution of the central government.
•
•
In 2003, the Parliament enacted CVC Act conferring
•
By President by warrant under his hand and seal
•
Recommendation
by
3-member
committee
statutory status on the CVC.
consisting of-
CVC is the main agency for preventing corruption in
-
the PM as its head,
the Central government.
-
the Union minister of home affairs and
-
the Leader of the Opposition in the Lok Sabha
Background
•
Term
The CVC was set up on the recommendations of the
committee on Prevention of Corruption headed by K.
•
whichever is earlier.
Santhanam (1962-64).
•
The purpose is to advice and guide the central
•
government agencies in the field of vigilance.
•
•
After their tenure, they are not eligible for further
employment under the Central or a state
government.
Originally the CVC was neither a constitutional body
nor a statutory body.
Removal
2003 - the Parliament enacted a law conferring
•
statutory status on the CVC.
Strength: 1+2
•
4 years or until they attain the age of 65 years,
The Commission shall consist of a Central Vigilance
Commissioner and not more than two vigilance
commissioners.
President can remove the CVC and other VC’s from
the office under the following circumstances:
•
If he is adjudged an insolvent
•
If convicted of an offence which involves
a moral turpitude
•
If he engages,during his term of office, in
any paid employment outside the duties
of his office.
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•
If he is unfit to continue in office by
NON-CONSTITUTIONAL BODIES
•
reason of infirmity of mind or body.
•
If he has acquired such financial or other
interest as is likely to affect his official
It has all the powers of a civil court and its
proceedings have a judicial character.
•
functions.
It may call for information or report from the Central
government or its authorities so as to enable it to
exercise general supervision over the vigilance and
anticorruption work in them.
•
Proved misbehaviour or incapacityPresident refers the matter to the
supreme court for an enquiry, if supreme
court, after the enquiry advises for
removal- president shall remove him.
Salary
•
Salary allowances and other condition of CVC are
similar to UPSC chairman and that of vigilance
commissioner are similar to member of UPSC.
•
The CVC has to present annually to the President a
report on its performance. The President places this
report before each House of Parliament
Working
•
New Delhi.
•
The CVC is authorized to receive written complaints
for disclosure on any allegation of corruption or
for information or report from the Central
government or its authorities so as to enable it to
exercise general supervision over the vigilance
misuse of office and recommend appropriate action.
and anti-corruption work in them.
To exercise superintendence over the functioning of
•
the Delhi Special Police Establishment (CBI).
•
To exercise superintendence over the vigilance
administration in the ministries of the Central
government or its authorities.
•
It has all the powers of a civil court and its
proceedings have a judicial character. It may call
Functions
•
It is vested with the power to regulate its own
procedure.
•
•
It conducts its proceedings at its headquarters at
The CVC, on receipt of the report of the inquiry
undertaken by any agency on a reference made
by it, advises the Central government or its
authorities as to the further course of action.
•
The Central government or its authorities shall
consider the advice of the CVC and take
appropriate action. However, where the Central
CVC has been designated as the agency to receive
and act on complaints or disclosure on any allegation
of corruption or misuse of office from Whistle
government or any of its authorities does not
agree with the advice of the CVC, it shall
blowers.
writing) to the CVC.
communicate the reasons (to be recorded in
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National Human Rights Council
It is a statutory body
NHRC
It is watchdog of human rights in the country
Rights relating to life, liberty, equality and
dignity of the individual.
Established under the Protection of Human Rights Act (PHRA), 1993
addressed in their entirety in a more focused
manner;
▪
NHRC was established in 1993.
▪
It is a statutory organization established under the
Protection of Human Rights Act (PHRA), 1993
▪
This Act was amended in 2006.
▪
The specific objectives of the establishment of the
commission are:
-
-
To look into allegations of excesses,
independently of the government, in a manner
that would underline the government's
commitment to protect human rights; and
-
To complement and strengthen the efforts that
have already been made in this direction.
To strengthen the institutional arrangements
through which human rights issues could be
Composition
A chairperson should be retired Chief
Justice of India or a judge of the
Supreme court.
Chairperson
One Member
Who is or has been,
a judge of the SC of
India
National
Commission for
minorities
Composition
One Member
Three Members
Who is or has been,
the chief justice of a
high court
National
Commission for SCs
National Commission
for BCs
Ex - officio members
From amongst person
having knowledge of, or
practical experience in
human rights (atleast 1
should be women)
National
Commission for STs
National Commission for
Protection of Child Rights
National
Commission for
Women
Chief Commissioner for
Persons with Disabilities.
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▪
▪
Chairperson (1) + five members (5) + seven ex –
officio members.
NON-CONSTITUTIONAL BODIES
▪
The Commission consists of:
-
-
The Speaker of the Lok Sabha
-
The Deputy Chairman of the Rajya Sabha
Term
-
a chairperson should be retired Chief Justice of
earlier. They are eligible for reappointment.
India or a judge of the Supreme court.
-
-
-
▪
one Member who is or has been, a Judge of the
Supreme Court;
one Member who is, or has been, the Chief
Justice of a High Court;
The salaries, allowances and other conditions of service
of the chairperson or a member are determined by the
Central government.
▪
o
Removal
The President can remove the chairman or any
three Members out of which at least 1 shall be
woman having knowledge or practical
member from the office:
experience with respect to human rights.
-
If he is adjudged an insolvent; or
-
If he engages, during his term of office, in any
paid employment outside the duties of his office;
or
1. The chairman of the National Commission
for Minorities,
-
If he is unfit to continue in office by reason of
infirmity of mind or body; or
2. National Commission for SCs,
-
If he is of unsound mind and stand so declared
by a competent court; or
-
If
In addition to these fulltime members, the
commission also has seven ex-officio members—
3. National Commission for STs.
4. National Commission for Women.
5. National Commission for Protection of
Child Rights
7. Chief Commissioner for Persons with
he
is
convicted
and
sentenced
to
imprisonment for an offence.
o
In addition to these, the president can also remove
the chairman or any member on the ground of
proved misbehaviour or incapacity.
6. National Commission for Backward Classes
o
disabilities.
However, in these cases, the president has to refer
the matter to the Supreme Court for an inquiry.
o
▪
They hold office for a term of three years or until
they attain the age of 70 years, whichever is
Appointment: The Chairperson and members of the
If the Supreme Court, after the inquiry, upholds the
cause of removal and advises so, then the president
NHRC are appointed by the President of India, on the
can remove the chairman or a member.
recommendation of a committee consisting of:
-
The Prime Minister (Chairperson)
-
The Home Minister
-
The Leader of the Opposition in the Lok Sabha
-
The Leader of the Opposition in the Rajya Sabha
▪
Functions: The functions of the Commission are:
o
To inquire into any violation of human rights or
negligence in the prevention of such violation by a
public servant, either suo moto (on its own motion)
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or on a petition presented to it or on an order of a
court.
o
➢ The commission has its own nucleus of
investigating staff for investigation into
complaints of human rights violations. Besides,
it is empowered to utilise the services of any
officer or investigation agency of the Central
government or any state government for the
To intervene in any proceeding involving allegations
of violation of human rights pending before a court.
o
o
conditions of inmates and make recommendations.
➢ It has also established effective cooperation with
To review the constitutional and other legal
safeguards for the protection of human rights and
recommend measures for their effective
the NGOs with first-hand information about
implementation.
o
human rights violations.
➢ It can look into a matter within one year of its
occurrence.
To review the factors including acts of terrorism that
inhibit the enjoyment of human rights and
recommend remedial measures.
o
purpose.
To visit jails and detention places to study the living
To study treaties and
instruments on human
recommendations
for
other international
rights and make
their
effective
Role of the Commission
➢ the functions of the commission are mainly
recommendatory in nature.
➢ It has no power to punish the violators of human
rights, nor to award any relief including
implementation.
o
To undertake and promote research in the field of
human rights.
o
To encourage the efforts of non-governmental
organisations (NGOs) working in the field of human
rights.
o
➢ the commission has limited role, powers and
jurisdiction with respect to the violation of
human rights by the members of the armed
To spread human rights literacy among the people
and promote awareness of the safeguards available
for the protection of these rights.
o
monetary relief to the victim.
To undertake such other functions as it may consider
necessary for the promotion of human rights.
forces.
➢
Its recommendations are not binding on the
concerned government or authority. But, it
should be informed about the action taken on its
recommendations within three month.
Reports made by NHRC
The commission submits its annual or special reports to
the Central government and to the state government
concerned.
Working of the Commission
➢ It is vested with the power to regulate its own
procedure.
➢ It has all the powers of a civil court and its
proceedings have a judicial character. It may call
for information or report from the Central and
state governments or any other authority
subordinate thereto.
These reports are laid before the respective legislatures,
along with a memorandum of action taken on the
recommendations of the commission and the reasons for
non-acceptance of any of
such recommendations.
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State Human Rights Council
chairperson
SHRC
Members
chairperson shall be a retired Chief Justice of a
High Court or a High Court Judge
A serving or retired High Court judge or a
District Judge with a minimum of seven years
experience as a District Judge and a person
having practical knowledge and experience in
human rights.
2.
Appointmen
t
The Governor appoints the Chairperson and
members based on the recommendations of a
committee headed by the Chief Ministers,
Speaker of the Legislative Assembly (LA),
Chairman of the Legislative Council (LC) if
exists, state home minister and leader of
opposition of LA and LC (if exist)
▪
▪
tenure, they are not eligible for further employment
The Protection of Human Rights Act of 1993 provides
for the creation of not only the National Human
Rights Commission but also a State Human Rights
Commission at the state level.
They are eligible for reappointment. After their
under the central or state government.
Removal:
▪
▪
3- member body- chairperson+ 2 other members
Although the governor appoints the chairperson and
members of a State Human Rights Commission, they
▪
SHRC can inquire into violation of human rights only
can only be removed by the President (and not by
in respect of subjects mentioned in the:
the Governor).
-
State List (List-II)
-
Concurrent List (List-III) of Seventh Schedule of
▪
President can remove them on the same grounds
and in the same manner as the members of the
NHRC.
the Constitution.
Functions of the States Human Rights Commission
▪
▪
The chairperson and members are elected for a
To investigate any breach of human rights or failure
to prevent such violations by a public servant, either
on its own initiative or in response to a petition or a
three-year term or until they reach the age of 70,
court order.
Term:
whichever comes first.
▪
To intervene in any pending legal proceedings
including allegations of human rights violations.
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▪
NON-CONSTITUTIONAL BODIES
Visit jails and detention places to assess detainees'
living conditions and make recommendations.
➢ the functions of the commission are mainly
recommendatory in nature.
▪
Review and recommend steps for effective
implementation of constitutional and other legal
safeguards for the protection of human rights.
▪
Review the circumstances that obstruct the
enjoyment of human rights, including acts of
terrorism, and make recommendations for
solutions.
▪
To conduct and encourage research on human rights
issues.
▪
To promote People's human rights literacy as well as
awareness of the measures available to defend these
rights.
➢ It has no power to punish the violators of human
rights, nor to award any relief including
monetary relief to the victim.
➢ Its recommendations are not binding on the
state government or authority. But, it should be
informed about the action taken on its
recommendations within one month.
➢ The Commission submits its annual or special
reports to the state government. These reports
are laid before the state legislature, along with
a memorandum of action taken on the
recommendations of the Commission and the
reasons for nonacceptance of any of such
recommendations.
Working of the Commission
➢ It is vested with the power to regulate its own
procedure.
Human Rights Courts
The Protection of Human Rights Act (1993) also provides
for the establishment of Human Rights Court in every
district for the speedy trial of violation of human rights.
➢ It has all the powers of a civil court and its
proceedings have a judicial character. It may call
for information or report from the Central and
state governments or any other authority
subordinate thereto.
➢ It can look into a matter within one year of its
occurrence.
These courts can be set up by the state government only
with the concurrence of the Chief Justice of the High
Court of that state.
For every Human Rights Court, the state government
specifies a public prosecutor or appoints an advocate (who
has practiced for seven years) as a special public
prosecutor.
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Central Information Commission
Establishment:
established by the Central Government in 2005,
under the provisions of the RTI Act (2005).
Members:
Chief Information Commissioner and not more
than ten Information Commissioners.
Jurisdiction
The jurisdiction of the Commission extends over
all Central Public Authorities.
Appointment:
They are appointed by the President on the
recommendation of a committee consisting of
CIC
Prime Minister as Chairperson
the Leader of Opposition in the Lok
Sabha
Union Cabinet Minister nominated by
the Prime Minister.
Basic:
Established by the Central Government in 2005.
▪
It was constituted through an Official Gazette
Notification under the provisions of the Right to
Information Act (2005).
Not a constitutional body, but a statutory body.
Tenure and Service conditions:
▪
Commissioner
shall
be
such
as
prescribed by the Central Government. But, they
▪
▪
Information
The Chief Information Commissioner and an
Information Commissioner shall hold office for such
term as prescribed by the Central Government or
until they attain the age of 65 years, whichever is
earlier.
▪
They are not eligible for reappointment.
▪
The salary, allowances and other service conditions
of the Chief Information Commissioner and an
cannot be varied to his disadvantage during service.
Removal:
The President can remove the Chief Information
Commissioner or any Information Commissioner from the
office under the following circumstances:
(a) If he is adjudged an insolvent; or
(b) If he has been convicted of an offence which (in
the opinion of the President) involves a moral
turpitude; or
(c) If he engages during his term of office in any paid
employment outside the duties of his office; or
(d) If he is (in the opinion of the President) unfit to
continue in office due to infirmity of mind or
body; or
(e) If he has acquired such financial or other interest
as is likely to affect prejudicially his official
functions.
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In addition to these, the President can also remove the
Chief Information Commissioner or any Information
Commissioner on the ground of proved misbehavior or
incapacity, However, in
these cases, the President has to refer the matter to the
Supreme Court for an enquiry. If the Supreme Court, after
the enquiry, upholds the cause of removal and advises so,
then the President
can remove him
▪
Powers and Functions
▪
who has not been able to submit an information
▪
-
who thinks the fees charged are unreasonable;
-
who thinks information given is incomplete,
misleading or false; and
matter
any other matter which may be prescribed.
During the inquiry of a complaint, the Commission
may examine any record which is under the control
The Commission has the power to secure compliance
exists.
relating
to
➢
Can seek an annual report from the public
authority on compliance with this act;
➢ Can impose penalties under this act.
➢ Can direct the public authority to
compensate for any loss suffered by the
obtaining
applicant.
information.
▪
▪
-
Public Information Officer (PIO) where none
who has not received response to his
information request within the specified time
limits;
other
issuing summons for examination of witnesses or
documents; and
➢ Can direct any public authority to appoint a
who has been refused information that was
requested;
any
-
regard, it-
Information Officer;
-
requisitioning any public record from any court
or office;
of its decisions from the public authority. In this
request because of non- appointment of a Public
-
-
to the Commission during inquiry for examination.
inquire into a complaint from any person:
-
receiving evidence on affidavit;
of public authority. All public records must be given
It is the duty of the Commission to receive and
-
-
The Commission can order inquiry into any matter if
The Commission submits an annual report to the
Central Government on the implementation of the
provisions of this Act. The Central Government
there are reasonable grounds (suo-moto power).
places this report before each House of Parliament.
▪
While inquiring, the Commission has the powers of a
civil court in respect of the following matters:
-
-
summoning and enforcing attendance of persons
and compelling them to give oral or written
evidence on oath and to produce documents or
things;
requiring the discovery and inspection of
documents;
▪
When a public authority does not conform to the
provisions of this Act, the Commission may
recommend (to the authority) steps which ought to
be taken for promoting such conformity.
▪
Training to public officials on the RTI.
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State Information Commission
provisions of this act. The state government places
▪
this report before the state legislature.
The SIC is headed by the state Information
Commissioner (SIC) and there are not more than
▪
▪
The Governor appoints the commissioners on the
advice of a committee that includes
-
Chief Minister as Chairperson
-
The Leader of the Opposition in the Legislative
Assembly and
-
The commission can order inquiry into any matter if
there are reasonable grounds. (suo-moto power)
ten Information Commissioners for the assistance of
SIC
▪
The commission has the power to secure compliance
of its decisions from the public authority. In this
regard, it➢ Can direct any public authority to appoint a
Public Information Officer (PIO)
none exists.
A state Cabinet Minister nominated by the Chief
Minister
➢
Tenure and service conditions:
▪
➢ Can direct the public authority to
compensate for any loss suffered by the
applicant.
earlier.
They are not eligible for reappointment.
▪
The salary, allowances and other service conditions
of the State Chief Information Commissioner and a
State Information Commissioner shall be such as
▪
It is the duty of the commission to receive and
inquire into a complaint from any person
▪
During the inquiry of a complaint, the commission
may examine any record which is under the control
of the public authority and no such record may be
prescribed by the Central Government. But, they
cannot be varied to his disadvantage during service.
Removal:
State Information Commissioner and other ICs of
State Information Commission can be removed by
the Governor on the same grounds as the President
can remove the Chief Information commissioner and
other ICs of Chief Information Commission.
Functions
▪
The commission submits and annual report to the
state government on the implementation of the
Can seek an annual report from the public
authority on compliance with this act;
➢ Can impose penalties under this act.
The State Chief Information Commissioner and a
State Information Commissioner hold office for such
term as prescribed by the central government or
until they attain the age of 65 years, whichever is
▪
where
withheld from it on any grounds.
▪
While inquiring, the commission has the power of
the civil court in respect of the following matters:
-
Requiring the discovery and inspection of
documents
-
Issuing summons for examination of witnesses
or documents and any other matter which may
be prescribed
-
Summoning and enforcing attendance of
persons and compelling them to give oral or
written evidence on oath and to produce
documents or things.
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-
Receiving evidence on affidavit
-
Requisitioning any public record from any court
RTI Amendment Act,2019-
or office.
-
When a public authority does not conform to the
provisions of this act, the
commission may
recommend steps which ought to be taken for
promoting such conformity.
1. Change in the term of Chief Information
Commissioner
and
other
Information
Commissioners at both centre and state level
Information Commissions. Now, the Central
government determines the term of office.
2. Now, the salary, allowances and other service
conditions of Chief Information Commissioners
and other Information Commissioners at both
centre and state level are prescribed by the
central government.
Central Bureau Investigation
Establishment
Central Bureau of Investigation was established in
1963 by resolution of MHA (Later transferred to
Ministry of Personnel)
CBI
Committee
Recommended by the Santhanam
Committee on Prevention of Corruption (19621964).
Objective
To curb organized crime
To help the state police department’s inquiries and investigation of cases
To help in the fight against high technology crime such as cybercrime, cyberbullying
To create an effective system and procedure for the investigations and prosecution of
cases
The main motto to combat corruption in public life, curb economic and violent crimes
through meticulous investigations.
Background
▪
▪
into vigilance cases) setup in 1941 was also
CBI is not a statutory body, it derives its powers
from Delhi Special Police Establishment
Act,1946.
The Special Police Establishment (which looked
merged with the CBI.
▪
The CBI is the main investigating agency of the
Central Government. It plays an important role
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in the prevention of corruption and maintaining
integrity in administration.
It also provides
assistance to the Central Vigilance Commission
and Lokpal.
Tenure:
▪
The Director is appointed for a period of not less than
two years from the date of his resumption of office.
Motto
Industry, Impartiality and Integrity Mission: To uphold
the Constitution of India and law of the land through indepth investigation and successful prosecution of
offences; to provide leadership and direction to police
forces and to act as the nodal agency for enhancing interstate and international cooperation in law enforcement
Functioning:
▪
Central Government.
▪
Organisation of CBI
At present, CBI has the following seven divisions1. Anti-Corruption Division
2. Economic Offences Division
3. Special Crimes Division
4. Policy and Coordination Division
5. Administration Division
6. Directorate of Prosecution
7. Central Forensic Science Laboratory
▪
The CBI is headed by a Director.
▪
He is assisted by a special director or an additional
director.
It plays an important role in the prevention of
corruption
and
maintaining
integrity
in
administration. It also provides assistance to the
Central Vigilance Commission and Lokpal.
▪
Coordinates
▪
of
anti-corruption
investigation on the request of a state government.
The broad functions of the CBI are categorized as
follows:
-
directors,
deputy
inspector
generals,
superintendents of police and all other usual ranks
▪
activities
Takes up any matter of public importance for
Additionally, it has a number of joint
of police personnel.
the
agencies and various state police forces.
•
Composition
The CBI is the main investigating agency of the
Cases of corruption, bribery, misconduct and
fraud committed by public servants of all Central
government departments, Central Public Sector
Undertakings and Central Financial Institutions.
-
Economic crimes including bank frauds, financial
frauds, import-export and foreign exchange
The CBI Academy is located at Ghaziabad, Uttar
Pradesh
violations, large-scale smuggling of narcotics,
antiques, cultural property and smuggling of
Appointment of the Director of the CBI:
▪
The amendment of the Delhi Police Establishment
Act gives power to a committee to appoint the
other contraband items, etc.
-
director of CBI. The Committee comprised of the
ransom and crimes committed by the mafia/the
following people:
-
Prime Minister (Chairperson)
-
Leader of Opposition in the Lok Sabha
-
Chief Justice of India or a Supreme Court Judge
nominated by him.
Special Crimes, such as cases of terrorism, bomb
blasts, sensational homicides, kidnapping for
underworld.
-
It acts as the ‘National Central Bureau’ of
Interpol in India.
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CBI vs. State Police Force:
Credibility Crisis in CBI:
The CBI has been continuously in news, it has been
criticized for its alleged failure to function impartially and
objectively as an agency of law. Despite the criticism
there has been an ever-increasing demand for an
The CBI has been accused of being partial and ineffective
when it comes to dealing with crimes committed by
politicians especially the ones who belong to the party in
power.
investigation of complicated cases (especially the ones
involving influential persons) to be handed over to the
CBI.
•
Difference between CBI and State Police Force:
-
The CBI is a specialized agency, it specializes in
investigating crime, while the state police have to
perform diverse tasks i.e. maintaining law and order
etc.
-
•
It has been alleged that CBI has been involved in
cases which aim to harass and intimidate political
opponents.
•
The level of crime investigation work which is done
and supervised by CBI is higher compared to the
state police forces.
-
There have been many cases/instances where the CBI has
shown reluctance to take up cases against Politicians from
the ruling party and when forced to do so, adopted
dilatory tactics.
For example during the time of emergency, CBI was
manipulated and misused by the politicians to serve
their purpose and influence public perception.
•
The Parties in power have been unwilling to make
The CBI does not interact with the public as closely
CBI a strong and effective organisation. Various
and frequently as the state police force does. CBI is
orders scuttling the powers of the CBI have been
issued. In the present time the CBI has become a
‘toothless tiger' and is highly dependent on the
not required to confront the public in adversarial
roles, which require the use of force.
government even while conducting its operations.
•
CBI Investigating State Matters: State police have
the power to maintain law and order in the state.
However, there are some instances in which CBI can
investigate which are summarized below -
-
-
-
•
Recommendation of the Second ARC: The Second
Cases which are against central government
employees or concerned with the affairs of the
Administrative
Reforms
Commission
had
recommended that a new law should be enacted to
Central government.
govern the working of the CBI.
Cases which are related to the breach of central laws
whose enforcement is mainly the concern of
Government of India.
•
fraud, cheating, embezzlement etc.
Other cases having interstate, international
ramifications and involving several official agencies
where it is considered necessary that a single
investigating agency should be in charge of the
investigation.
Recommendations of the Parliamentary Standing
Committee: It suggested that a separate act should
be promulgated in tune with requirement with time
to ensure credibility and impartiality.
Cases in which the financial interests of the central
government are involved. In some instances like big
-
Recommendations from Various Sources regarding
strengthening status to CBI:
•
Recommendation of L. P Singh Committee: It
recommended for the enactment of comprehensive
central legislation for the independent statutory
charter of duties and functions.
•
Recommendations of Various Experts: Some
experts have recommended that the CBI should be
given statutory status through legislation equivalent
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to that provided to the Comptroller & Auditor
General (CAG) and the Election Commission (EC).
Issues with Exemption under the RTI Act:
•
RTI & CBI
Right to Information (RTI) Act, 2005:
•
Many critics of the RTI Act have suggested that
investigative, intelligence and security agencies like
NIA, CBI, IB and paramilitary forces should come
under the purview of the law, saying their adequate
safeguard in the act to keep sensitive information
The Act mandates a legal-institutional framework for
outside the public domain.
giving right to information to every citizen. It will
secure access to information which is under the
o
control of public authorities.
•
are outside the ambit of the RTI Act, subject to
exception like allegations of corruption and
It also mandates the constitution of a Central
Information
Commission
(CIC)
and
human rights violations.
State
o
Information Commissions (SICs) to inquire into
complaints, hear appeals, and guide implementation
of the Act.
•
Information which affects the sovereignty and integrity of
India, information which would impede the process of
investigation or apprehension or prosecution of offenders
or which would endanger the life or physical safety of a
person, does not come under the purview of this Act.
Section 24 of the RTI Act, 2005:
o
o
o
It exempts certain intelligence and security
organisations from the ambit of the
transparency law except for information
"pertaining to allegations of corruption and
human rights violations".
Hence, the provisions of the Act do not apply to
intelligence and security organizations which
include IB, RAW, NIA, etc.
Agencies like IB, RAW, DRI, paramilitary forces
like BSF and CRPF as well as Assam Rifles, CBI,
NIA, NSG, and others are the part of the
exemption provided in the second schedule of
the RTI Act 2005.
Right to Information provides secure access to the
information under the control of public authorities
thereby promoting transparency and accountability
in working of every public authority.
o
To ensure security of the state, exceptions are
provided under section 8 and 9 of the RTI Act
which mentions the information which security
organizations may not disclose in public domain.
Exemptions under RTI include-
•
There are 22-odd investigative agencies which
CBI under the RTI Act:
Crisis of CBI:
There are many allegations of corruptions and human
rights violations against CBI
•
It was noted by various reports that the agency is
facing a severe credibility crisis for.
•
Many questions have been raised about the
appointment process as well as fairness of the
investigations which are conducted by the CBI.
•
Many intellectuals have criticized that the structural
problem of lack of transparency in the governance of
CBI.
The reason is that an intelligence agency gathers
intelligence information, it investigates and
Should CBI come under the purview of RTI, 2005?
prosecutes offenders. For this purpose, the
•
agencies have to maintain utmost confidentiality
of information.
A plea had been filed in against the CBI inclusion in
the list of intelligence and security organization
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NON-CONSTITUTIONAL BODIES
which are exempted from disclosing information to
the public under the section 24 of the RTI Act.
•
In the hearing, Delhi High Court denied Absolute
Exemption to CBI from the Act. It stated that the
information on alleged corruption and human rights
violation could be disclosed if the allegations are
against any official of the agency.
Arguments in Favor of the Move
Arguments Against the Move
• CBI is an investigation agency and not an
intelligence agency like IB or R&AW. Thus, • CBI investigates Corruption cases against public officials,
employees of central government, PSUs, corporations, and
should not be exempted under exception 24 of
bodies owned or controlled by the Government of India.
RTI Act, 2005.
• It also investigates the fiscal scams and serious economic
• Central government formulates the laws under
frauds along with serious organized crimes. Thus,
which CBI can investigate crimes notified by the
considering its nature of work secrecy regarding the
central government. Thus, CBI is not an
investigation should be maintained by keeping it out of the
independent body.
ambit of RTI.
• Its budget is subject to scrutiny by relevant
• In some cases, CBI can have the powers of not giving
committees of the Parliament such as
information if the case involves some sensitive matter
Estimates Committees. Thus, giving CBI total
related to security of the country and international
exemption under RTI Act is entirely
relations.
unwarranted.
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NON-CONSTITUTIONAL BODIES
Lokpal and Lokayuktas
Lokpal
Definition
Appointment
Jurisdiction
Lokpal is the body which operates at the
centre, it is established to provide vigilance
and anti corruption roadmap for the nation.
It jurisdiction includes civil servants,
ministers, officials of central government.
President of India
PM, Ministers, All the members of
Parliament (MPs) and central government
employees are covered under the purview
of Lokpal.
Lokayuktas
Lokayuktas is the body which is operating at the
state level, which investigates complaint against
public servants or ministers with respect to
corruption.
Governor of respective States
All the members of legislative assembly (MLAs) and
state government employees.
Varies from state to state.
Members
Lokpal can have maximum of 8 member
body (half shall be judicial members).
Status
Statutory
Usually,Lokayukta is a three-member body
including Lokayukta, State Vigilance Commissioner
& a jurist
Statutory
•
•
To superintendence over, and to give
direction to CBI.
•
If it has referred a case to CBI, the
investigating officer in such case cannot
be transferred without the approval of
Lokpal.
•
To authorize CBI for search and seizure
State
•
operations connected to such a case.
•
Powers
The Inquiry Wing of the Lokpal has been
vested with the powers of a civil court.
•
•
•
legislature,
the
Chairman,
Vice-
Chairman or a member of an authority, Board
or a committee
To investigate any action taken by the public
servant if it is referred by the state
government.
•
To give order for confiscation of assets,
proceeds, receipts, and benefits arisen
or procured by means of corruption in
special circumstances
To recommend transfer or suspension of
public servant connected with allegation
of corruption.
To investigate any action which is taken by or
with the general or specific approval of the
chief minister, a minister, a member of the
The Lokayukta will have all the powers of a civil
court which trying a suit under CPC, 1908 in
respect of summoning and enforcing the
attendance of any person and examining him
on oath, production of any document,
received evidence of affidavits, getting any
public record or copy from any court office
etc.
•
To give directions to prevent the
destruction of records during the
To make a declaration after investigation with
regard to the governor or chief minister of the
state to the vacation of office of the said
preliminary inquiry.
official.
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NON-CONSTITUTIONAL BODIES
•
L.M. Singvi coined the term Lokpal in 1963.
•
•
In 1971, Maharashtra became the first Indian state to establish a Lokayukta.
The concept of a constitutional ombudsman was first proposed in parliament by Law Minister Ashoke Kumar Sen
in the early 1960s.
•
‘The success of democracy and the realisation of
•
The institution of Ombudsman was first created in
socio-economic development depends on the extent
Sweden in 1809.
to which the citizens’ grievances are redressed.’
Scandinavian countries.
•
Gradually it spread to other
The UK adopted Ombudsman-like institution called
Parliamentary Commissioner for Administration in
1967. (New Zealand in 1962)
Independence of action from the executive
Impartial and objective investigation of
complaints
Suo moto power to start investigations
Features of
Ombudsman Office
Uninterrupted access to all the files of
administration
LOKPAL
•
The 1st Administrative Reforms Commission (ARC)
•
of India (1966–1970) recommended the setting up
of two special authorities designated as ‘Lokpal’ and
‘Lokayuktas’
for
the
redressal
of
citizens’
grievances.
•
These institutions were to be set up on the pattern
of the institution of Ombudsman in Scandinavian
countries and the parliamentary commissioner for
The jurisdiction of Lokpal includes the Prime
Minister, Ministers, Members of Parliament and
Groups A, B, C and D officers and officials of the
Central Government.
•
The Lokpal to consist of a Chairperson with a
maximum of 8 members of which 50% shall be
judicial members.
•
investigation in New Zealand.
50% of the members of the Lokpal shall come from
amongst the SCs, the STs, the OBCs, minorities and
women.
Salient features of the "Lokpal and Lokayuktas Act
(2013)"
•
Lokpal at the Centre and Lokayukta at the State level.
•
The following persons cannot become chairperson of
Lokpal:
-
MPs and MLAs
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NON-CONSTITUTIONAL BODIES
-
Persons convicted of any offense involving moral
turpitude
-
Less than 45 years of age
-
Members of Panchayats or Municipality
-
A person who was removed or dismissed from
the public service
-
-
•
It incorporates provisions for attachment and
confiscation of property of public servants acquired
by corrupt means, even while the prosecution is
pending.
•
It lays down clear timelines for preliminary enquiry,
investigation and trial.
A person who holds any office of trust / profit;
•
For Trials, Lokpal Bench/Court could be established.
if so, he would need to resign from Lok Sabha
•
It enhances maximum punishment under the
Prevention of Corruption Act from seven years to ten
A person who is affiliated to a political party
years.
-
Carries on some business / profession; if so, he
would need to quit some business
•
It provides adequate protection for honest and
upright public servants.
•
The term of office for Lokpal Chairman and Members
•
CBI has been strengthened via various provisions.
is 5 years or till attaining age of 70 years.
Salary and allowances of the Members of Lokpal
•
The salary, allowances and other conditions of
service of chairperson are equivalent to Chief Justice
of India and members is equivalent to Judge of
•
Justice of India. Members' salaries, allowances, and
Supreme Court.
other working conditions are similar to those of a
Supreme Court Judge
Selection Committee -
Prime Minister
Drawbacks/criticisms
-
Speaker of the Lok Sabha
•
-
Leader of the Opposition in the Lok Sabha
-
CJI or a sitting SC Judge nominated by him (CJI)
-
An eminent jurist -
to be nominated by
President on the basis of recommendations of
the first 4 members of the selection committee
•
Search Committee =
•
•
Heavy punishment for false and frivolous complaints
against public servants may deter complaints being
filed to Lokpal.
•
Anonymous complaints not allowed – Can’t just
make a complaint on plain paper and drop it in a box
with supporting documents.
minorities and women.
the Lokpal.
Emphasis on form of complaint rather than
substance.
SCs, the STs, the OBCs,
The Lokpal will have the power of superintendence
and direction over any investigating agency,
including the CBI, CVC, for cases referred to them by
Lokpal cannot proceed suo moto against any public
servant.
A Search Committee will assist the Selection
Committee in the process of selection. 50% of
•
The Lokpal Chairman's salary, allowances, and other
working conditions are similar to those of the Chief
•
Legal assistance to public servant against whom
complaint is filed.
•
Limitation period of 7 years to file complaints.
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•
NON-CONSTITUTIONAL BODIES
Very non-transparent procedure for dealing with
complaints against the PM.
LOKAYUKTAS
•
Even much before the enactment of the Lokpal and
Lokayuktas Act (2013) itself, many states had
•
•
term.
Other provisions related to Lokayukta
•
The Lokayukta presents, annually, to the governor of
already set up the institution of Lokayuktas.
the state a consolidated report on his performance.
The structure of the Lokayukta is not same in all the
The governor places this report along with an
explanatory memorandum before the state
states. There is structural variation among the
legislature.
states.
•
He is not eligible for reappointment for a second
According to 2013 act - States are free to define
how their own Lokayuktas would be appointed, how
they would work and under what circumstances
they would serve.
•
Appointed by the governor of the state.
•
While appointing, the governor in most of the states
•
The Lokayukta is responsible to the state legislature.
•
He takes the help of the state investigating agencies
for conducting inquiries.
•
He can call for relevant files and documents from the
state government departments.
•
consults:
The recommendations made by the Lokayukta are
only advisory and not binding on the state
government.
-
the chief justice of the state high court, and
-
the leader of Opposition in the state legislative
assembly
Tenure:
•
In most of the states, the term of office fixed for
lokayukta is of 5 years duration or 65 years of age,
whichever is earlier.
•
In most of the states, the lokayukta can initiate
investigations either on the basis of a complaint
received from the citizen against unfair
administrative action or suo moto. But he does not
enjoy the power to start investigations on his own
initiative (suo moto) in the States of Uttar Pradesh,
Himachal Pradesh.
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Securities and Exchange Board of India (SEBI)
The chairman is appointed by the Union
Government of India.
SEBI
Structure
Two members, i.e., Officers from the Union Finance
Ministry.
One member from the Reserve Bank of India.
Functions
The remaining five members are chosen by the
Union Government
It functions to fulfill the requirements of three categories –
Issuers
By providing a marketplace in which the issuers can increase they can efficiently
and fairly raise funds .
Investors
SEBI protects and supplies accurate information to investors
Intermediaries
SEBI works towards providing a professional and competitive market to the
intermediaries
▪
It became autonomous and given statutory powers
by SEBI Act 1992.
▪
The headquarters of SEBI is situated in Mumbai.
Composition:
▪
SEBI Board consists of a Chairman and several other
whole time and part time members.
▪
SEBI also appoints various committees, whenever
required to look into the pressing issues of that time.
Securities Appellate Tribunal (SAT)
▪
SAT is a statutory body established under the provisions of Section 15K of the SEBI Act, 1992.
▪
SAT consists of a Presiding Officer and Two other members
▪
SAT has the same powers as vested in a civil court.
▪
SAT hear and dispose of appeals against orders passed by the SEBI or by an adjudicating officer under the SEBI
Act,1992.
▪
SAT hear and dispose of appeals against orders passed by the Pension Fund Regulatory and Development
Authority (PFRDA) under the PFRDA Act,2013.
▪
SAT hear and dispose of appeals against orders passed by the Insurance Regulatory Development Authority of
India (IRDAI) under the IRDAI Act,1999.
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Objective:
▪
It protect the interests of investors in securities and
to promote the development of, and regulate the
securities market.
▪
It is the regulator of the securities and commodity
market in India owned by the Government of India.
Functions:
1. Regulates the business in stock exchanges
and any other securities markets
2. Registers and regulates the working of stock
brokers, sub-brokers, merchant bankers,
portfolio managers, underwriters etc.
3. Registers and regulates the working of
mutual funds, venture capital funds and
depositories.
NON-CONSTITUTIONAL BODIES
4. Prohibits fraudulent and unfair practices
related to securities market including insider
trading.
5. Promotes investor education and training of
intermediaries of securities markets.
6. Protects the interests of Indian investors in
the securities market.
7. It can draft regulations, conduct inquiries,
pass rulings and impose penalties.
8. Promotes the development and hassle-free
functioning of the securities market.
9. It serves as a platform for portfolio
managers,
bankers,
stockbrokers,
investment advisers, merchant bankers,
registrars, share transfer agents and other
people.
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NON-CONSTITUTIONAL BODIES
National Commission for Women
A Chairperson to be nominated by the Central
Government.
Composition
Five Members to be nominated by the Central
Government.
Central Government nominates member secretary.
NCW
Review the Constitutional and legal safeguards for
women;
Recommend remedial legislative measures;
Motive
Facilitate redressal of grievances
Advise the Government on all policy matters
affecting women.
▪
The National Commission for Women (NCW) was set
❖ Provided that at least one Member each
shall be from amongst persons belonging to
the SC and ST respectively;
up as statutory body.
▪
▪
▪
It was set up in 1992 under the National commission
for Women Act, 1990.
▪
A Member-Secretary to be nominated by the Central
Government who shall be:
It was established to review the constitutional and
legal safeguards for women.
❖ An expert in the field of management,
organisational structure or sociological
movement,
or
❖ An officer who is a member of a civil service
of the Union or of an all-India service or
It enjoys all the powers of a civil court.
Composition
The Commission consists of:
▪
A Chairperson, committed to the cause of women, to
be nominated by the Central Government.
▪
Five Members to be nominated by the Central
Government. from amongst persons of ability,
integrity and standing who have had experience in
law or legislation, trade unionism, management of
an industry potential of women, women's voluntary
organisations
(including
women
activist),
administration, economic development, health,
education or social welfare.
holds a civil post under the Union with
appropriate experience.
Tenure:
▪
The Chairperson and every Member shall hold office
for such a period, not exceeding 3 years, as may be
specified by the Central Government on this behalf.
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NON-CONSTITUTIONAL BODIES
Review provisions of the
Constitution related to women.
Undertakes promotional and
educational research
Investigation matter related to women
Role of
NCW
Present report to the central govt.
It takes Suo Motto notice of matters
relating to women
▪
Role:
▪
Take up cases of infringement of the
provisions of the Constitution
Suo Moto notice of matters relating to-- deprivation
Investigation: The commission investigates and
of women’s rights, Non-implementation of the laws
examines all the matters related to the safeguards
provided for the women under the Constitution and
other laws.
▪
Presentation of Reports: NCW table reports to the
and Non-compliance of the policy decisions
guaranteeing the welfare for women society.
▪
of any such recommendations.
❖ State Government shall also lay the reports
before state legislature along with a
memorandum explaining the action taken or
proposed to
be
taken on the
recommendations relating to the Concerned
state and the reasons for the non-
Research: The commission undertakes promotional
and educational research so as to propose ways of
ensuring due representation of the women in all
fields.
central government, every year and at such other
times as the commission may deem fit
❖ The Central Government shall lay all the
reports before each House of Parliament
along with a memorandum explaining the
action taken or proposed to be taken on the
recommendations relating to the Union and
the reasons for the non-acceptance, if any,
Suo moto notice: It looks into complaints, and takes
▪
Mission: To strive towards enabling women to
achieve equality and equal participation in all
spheres of life by securing her due rights and
entitlements through suitable policy formulation,
legislative measures, etc.
Functions:
▪
The Commission shall, while investigating any matter
referred to it and have all the powers of a civil court
trying a suit and, in particular in respect of the
following matters, namely:
-
Summoning and enforcing the attendance of any
person from any part of India and examining him
on oath;
-
Requiring the discovery and production of any
document;
-
Receiving evidence on affidavits;
-
Requisitioning any public record or copy thereof
from any court or office;
-
Issuing commissions for the examination of
witnesses and documents; and
-
Any other matter which may be prescribed.
acceptance.
▪
Cases of violation: Takes up cases of infringement of
the provisions of the Constitution and of other laws
relating to the women with the relevant authorities.
▪
Reviewing of Laws: Review, every now and then, the
current provisions of the Constitution and other laws
distressing the women and prescribe alterations and
suggest curative legislative measures meet any
break, inadequacies and incapacity in such
legislation.
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NON-CONSTITUTIONAL BODIES
2. There is no legislative authority conferred on the
National Commission for Women. Its only
authority is to make suggestions for changes and
provide reports. (Not binding on govt).
3. It doesn’t have power to choose its own
Criticisms/Shortcomings:
1. Reliant on Central government for funding and it
receives very little financial assistance from the
government to meet its needs.
members which becomes the
politicization of the commission.
cause
of
Rights releted to Women
Constitutional Rights
1. Article 15(1): The state shall not
discriminate against any citizen of India on
the ground of sex.
2. Article 15(3): The state is empowered to
make any special provision for women. In
other words, this provision enables the
state to make affirmative discrimination in
favour of women.
3. Article 16(2): No citizen shall be
discriminated against or be ineligible for
any employment or office under the state
on the ground of sex.
4. Article 39(a): The state to secure for men
and women equally the right to an
adequate means of livelihood.
5. Article 39(d): The state shall ensure equal
pay for equal work for men and women.
6. Article 39(e): The state is required to ensure
that the health and strength of women
workers are not abused and that they are
not forced by economic necessity to enter
avocations unsuited to their strength.
7. Article-51A: Citizens shall denounce
practices derogatory to the dignity of
women.
8. Article 243-D(3): One-third of the total
number of seats to be filled by direct
election in every Panchayat shall be
reserved for women.
9. Article 243-T(3): One-third of the total
number of seats to be filled by direct
Legal Rights
1. Protection of Women from Domestic Violence Act
(2005) enacted to protect women in India from all forms
of domestic violence. It covers women who have
been/are in a relationship with the abuser and are
subjected to violence of any kind—physical, sexual,
mental, verbal or emotional.
2. Indecent Representation of Women (Prohibition) Act
(1986) prohibits indecent representation of women
through advertisements or in publications, writings,
paintings, figures or in any other manner.
3. Medical Termination of Pregnancy Act (1971) provides
for the termination of certain pregnancies by registered
medical practitioners on humanitarian and medical
grounds.
4. Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act (1994) prohibits sex
selection before or after conception and prevents the
misuse of pre-natal diagnostic techniques for sex
determination leading to female foeticide.,
5. Indian Penal Code (1860) contains provisions to protect
Indian women from dowry death, rape, kidnapping,
cruelty and other offences.
6. Dowry Prohibition Act,1961: Prohibits the request,
acceptance or payment of a dowry.
7. National Commission for Women Act (1990) provided
for the establishment of a National Commission for
Women to study and monitor all matters relating to the
constitutional and legal rights and safeguards of
women.
8. Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act (2013)
provides protection to women from sexual harassment
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NON-CONSTITUTIONAL BODIES
election in every Municipality shall be
reserved for women.
at all workplaces both in public and private sector,
whether organised or unorganized.
Competition Commission of India (CCI)
▪
▪
The Commission was established in 2003, it became
fully functional by May 2009 and is responsible for
implementing the Competition act, 2002.
▪
The following are the objectives of the Commission:
The Competition Commission of India (CCI) was
established under the Competition Act, 2002.
▪
CCI or Competition Commission of India is one of the
most important statutory bodies in India.
To prevent practices having an adverse effect on competition.
To promote and sustain competition in markets.
To protect the interests of consumers
To ensure freedom of trade
•
The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, follows the philosophy of
modern competition laws.
To eliminate practices having adverse effects on competition
To give opinion on competition issues
Role of CCI
To undertake competition advocacy
Ensure fair and healthy competition in economic activities
Implement competition policies
Composition:
▪
There is a chairperson and up to six persons can
become members of the Commission.
▪
These members are appointed by the Central
Government of India.
Functions:
▪
▪
Eliminate practices that have an adverse impact
on competition.
It ensures that no enterprise abuses their
'dominant position' to create monopolisation in
the market through the control of supply,
manipulating purchase prices, or adopting
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▪
▪
NON-CONSTITUTIONAL BODIES
practices that deny market access to other
competing firms.
It has the power to take action against all the
anti-competitive practices. It is responsible for
▪
ensuring freedom of trade in the Indian market
It ensures the welfare of the customers and
secures their interest in the Indian market.
▪
▪
respect for decentralisation at the level of the local
bodies at the community level and larger societal
concern for children and their well-being.
National Commission for Protection of
Child Rights
▪
▪
The National Commission for Protection of Child
Rights (NCPCR) was set-up in March 2007.
It was set up under the Commission for Protection of
Child Rights Act, 2005, an Act of Parliament.
Composition:
▪
This commission has a chairperson and six members
of which at least two should be women.
▪
All of them are appointed by the Central Government
for three years.
▪
The maximum age to serve in commission is 65 years
for Chairman and 60 years for members.
Functions:
▪
It examines and review the safeguards provided by or
under any law for the protection of child rights.
▪
Presents to the central government, annually and at
such other intervals, as the commission may deem
fit, reports upon working of those safeguards
▪
It inquires into violation of child rights and
recommend initiation of proceedings in such cases
▪
Look into the matters relating to the children in need
of special care and protection
▪
Study treaties and other international instruments
and undertake periodical review of existing policies,
programmes and other activities on child rights.
▪
Undertake and promote research in the field of child
rights
▪
Spread child rights literacy among various section of
society and promote awareness of the safeguards
available for protection of these rights
▪
Inspect any juveniles custodial home, or any other
place of residence or institution meant for children,
under the control of the Central Government or any
State Government or any other authority, including
any institution run by a social organization
▪
Inquire into complaints and take suo motu notice of
matter relating to:
o Deprivation and violation of child rights;
o Non implementation of laws providing for
protection and development of children;
o Non-compliance of policy decisions,
guidelines or instructions aimed at mitigating
Working of the Commission:
▪
The Commission’s Mandate is to ensure that all Laws,
Policies,
Programmes,
and
Administrative
Mechanisms are in consonance with the Child Rights
perspective as enshrined in the Constitution of India
and also the UN Convention on the Rights of the
Child.
▪
The Commission visualises a rights-based perspective
flowing into National Policies and Programmes, along
with nuanced responses at the State, District and
Block levels, taking care of specifics and strengths of
each region.
▪
In order to reach to every child, it seeks a deeper
penetration into the communities and households
and expects that the ground experiences gained in
the field will be considered by all the authorities at
the higher level.
▪
Thus, the Commission sees an indispensable role for
the State, sound institution-building processes,
Ensures smooth alignment of regulatory and
competition laws in the country.
Ensures foreign companies abide by the
country’s competition laws.
It undertakes competition advocacy for creating
awareness of competition law.
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NON-CONSTITUTIONAL BODIES
o
hardships to and ensuring welfare of the
children and provide relief to such children
The long-term objective of IPEC is to contribute
to the effective abolition of child labour by
strengthening national capacities to address
child labour problems, and by creating a
worldwide movement to combat it. IPEC-India
has, during the period 1992-2002, supported
IMORTANT TO NOTE
over 165 Action Programs.
Definition of Child:
•
The Child Labour (Prohibition and Regulation) Act,
1986 defines a child as a person who has not
completed 14 years of age.
•
The Factories Act, 1948 and Plantation Labour Act
1951 states that a child is one that has not completed
fifteen years of age.
•
The Juvenile Justice (Care and Protection of
Children) Act, 2000 had changed the definition of
child to any person who has not completed 18 years
of age.
Legislation related to Child
Constitutional provisions:
▪
No child below the age of 14 years shall be employed
to work in any factory or mine or engaged in any
other hazardous employment (Article 24);
▪
The State shall provide free and compulsory
education to all children of the age six to 14 years.
(Article 21 (A))
▪
The State shall direct its policy towards securing that
the health and strength of workers, men and women
and the tender age of children are not abused and
that they are not forced by economic necessity to
enter vocations unsuited to their age and strength
(Article 39-e)
▪
Children shall be given opportunities and facilities to
develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth
shall be protected against moral and material
abandonment (Article 39-f);
▪
The State shall provide Early childhood care and
education for all children until they attain the age of
6 years. (Article 45).
NOTE- Juvenile Justice Act,2000 has been replaced
by the Juvenile Justice Act,2015.
•
POCSO Act 2012 defines a child as any person below
eighteen years of age.
Rights of Children under International Law:
●
●
●
●
The concept of equality of all human beings, as
embodied in the Universal Declaration of
Human Rights of I948, stipulates that childhood is
entitled to special care and assistance.
The above principle along with other principles of the
Universal Declaration concerning children was
incorporated in the Declaration of the Rights of the
Child of 1959.
The International Covenant on Civil and Political
Rights under Articles 23 and 24 and the International
Covenant on Economic, Social and Cultural Rights
under Article 10 made provisions for the care of the
child.
The International Program on the Elimination of
Child Labour (IPEC) is a global program launched by
the International Labour Organization in December
1991.
Various Acts & Policies:
•
Child Labour (Prohibition and Regulation)
Act (1986): It prohibit the engagement of children in
certain employments and to regulate the conditions
of work of children in certain other employment”.
•
Juvenile Justice (Care and Protection of Children)
Act 2015 (the JJ Act): It includes provisions related to
o
o
Children found in conflict of law.
Children in need of care and protection.
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NON-CONSTITUTIONAL BODIES
o
The central legislature has made substantial
changes in the provisions of this Act in the
year 2016.
o
The Child Protection Policy aims to protect
the children in the country from violence,
exploitation, abuse and neglect.
A complete prohibition has been imposed
on employment of child labor (i.e. a person
below the age of 14 years) in any
establishment whether hazardous or not.
o
The draft policy was formulated by the
Ministry of Women and Child Development
(WCD).
A child is permitted to work only to help the
family, in a family enterprise or as child artist
after school hours or during vacations.
o
The amendment has introduced the concept
of adolescent labor for the first time. It
includes persons between 14-18 years of age.
It prohibits the engagement of adolescents
in
hazardous
occupations
and
processes. (mines, inflammable substance
and hazardous processes).
o
The number of hazardous occupations and
processes has been reduced from 83 to only
3.
o
The offenses under the Act have now been
made cognizable offense.
o
It provides for setting up of the Child and
Adolescent Labour Rehabilitation Fund in
which all the amounts of penalty have to be
realized.
o
Liability has been affixed to the parents and
guardian of the affected child/children
separately from the employers.
o
The Act provides for increased penalty and
imprisonment which shall not be less than 6
months and may extend up to 2 years and
fine which may vary between Rs.20, 000 to
Rs. 50,000.
●
The Right to Education Act of 2009 has made it
mandatory for the state to ensure that all children
aged 6 to 14 years are in school and receive free
education.
●
Draft National Child Protection Policy:
-
-
-
As per the policy all organisations must have
a code of conduct based on zero tolerance of
child abuse and exploitation.
-
The policy requires organisations to lay down
that employees don’t use language or
behaviour that is inappropriate, harassing,
abusive, sexually provocative, demeaning or
culturally inappropriate.
-
-
•
Institutions should also designate a staff
member to ensure that procedures are in
place to ensure the protection of children as
well as to report any abuse.
Any individual who suspects physical, sexual
or emotional abuse must report it to the
helpline number 1098 or police or a child
welfare committee.
Child Labour (Prohibition and Regulation)
Amendment Act, 2016 (More changes were
introduced by amendment rules)
o
The central legislature of India
promulgated a legislation Child
Adolescent Labour (Prohibition
Regulation) Act, 1986 to regulate the
labor practices in India.
had
and
and
child
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Offences
NON-CONSTITUTIONAL BODIES
Laws
•
Sexual assault, sexual harassment, use of
a child for the pornographic purpose
•
Protection of Children from Sexual Offences Act 2012
•
Production, dissemination and use of
child sexual abuse materials
•
The Information Technology Act, 2000
•
Disclosing the identity of the child victim
to anyone other than the appropriate
authority
•
Protection of Children from Sexual Offences Act 2012,
JJ Act,2015
•
Sale and procurement of children for any
purpose including illegal adoption,
trafficking of children for sexual
exploitation, use of children by militant
groups, giving children intoxicating
liquor, narcotic drug or tobacco products
or psychotropic substances, offences
against disabled children, trafficking of
children
for
sexual
exploitation/exploitative
labour/other
reasons and, kidnapping
•
Immoral Traffic (Prevention) Act 1956; Human
trafficking (section 370 & 370A IPC), after the creation
of specific section in IPC by the Criminal Law
(Amendment) Act 2013
•
Corporal punishment in child care
institutions
•
JJ Act, 2015
•
Corporal Punishment in schools Adopting
a child without due procedure through
CARINGS and child welfare committees/
promoting or facilitating such illegal
adoption
•
Right of Children to Free and Compulsory Education
Act, 2009
•
JJ Act,2015
•
Employment of children below 14 years
in any occupation or industry
•
Child Labour (Prohibition and Regulation) Amendment
Act, 2016
•
Employment of children 15-18 years in
hazardous occupation or industries
•
Child Labour (Prohibition and Regulation) Amendment
Act, 2016
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\
ELECTORAL REFORMS
ELECTORAL REFORMS
▪
▪
Elections are an integral part of politics in a
democratic system of governance.
▪
Democracy can function ‘efficiently’ and ‘effectively’
only if elections are ‘free’ and ‘fair’ and not rigged
and manipulated.
Successful Government
To safeguard the core values of fair and free
elections, the Election Commission of India (ECI)
remains active to maintain the ‘purity’ and ‘integrity’
of the electoral process.
▪
However, challenges continue to plague the system
of elections and delay in bringing electoral reforms
infringes the rights of millions of citizens.
Legitimate Process
Postulates of
Free and Fair
Elections
Indicates will of the
people
Acceptability among
people and Alliances
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ELECTORAL REFORMS
citizens get a chance to influence decisions
concerning their country and themselves.
Role of election in Democracy
▪
Election comes from the Latin word 'eligere'
▪
Meaning: to choose, select or pick'.
▪
Election refers to the process of voting to choose a
representative. These representatives are chosen at
regular intervals. They represent the will of the
people.
▪
Through their right to vote and by choosing the
representatives which will run the country, the
Understanding
the electoral
process in India
Article 324 to 329, Part XV of the
constitution deals with the
elections and related matters.
Elections are held on the basis of Universal Adult
franchise
Every citizen of India who is not less than 18 years of age
can be registered as a voter in electoral rolls of India
No person is ineligible for inclusion in electoral role on
-
the ground of religion, race, caste , sex or any of them.
Reservation of seats for SCs (84
seats) and STs (47 seats) in Lok
Sabha and assemblies of states
and UTs
-
Constituencies are delimited with the help of
Delimitation commission
Number of constituencies in the Lok sabha will not be
changed to the year 2026
Election Commission of India is
responsible for conducting free
and fair elections in the country.
-
Voting through First Past the post system (FPTP) in
case of Lok Sabha
-
Proportional representation (PR) in case of Rajya
Sabha Election
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ELECTORAL REFORMS
Other Provisions related to Elections in India•
Single general electoral roll for every territorial
constituency for election to the ‘Parliament’
and ‘State legislatures’. Thus, the Constitution
has abolished the system of communal
representation and separate electorates which
•
Election petitions - The Constitution lays down
that no election to the ‘Parliament’ or ‘state
legislature’ is to be questioned except by an
election petition presented to such authority
and in such manner as provided by the
appropriate legislature.
led to the partition of the country.
•
Parliament may make provision with respect to
all matters relating to elections to the
Parliament and the state legislatures including
the preparation of electoral rolls, the
delimitation of constituencies and all other
matters necessary for securing their due
constitution.
Since 1966, the election petitions are triable by high
courts alone. But, the appellate jurisdiction lies with the
Supreme Court alone. Though provisions of Election
tribunals (by appropriate legislature ‘Parliament’ or
‘State Legislature” in mentioned under Article-323B of
the constitution, but, no such tribunal has been
constituted so far.
Comparison of FPTP and PR system of Election
FPTP
PR
-
Country is divided into small geographical units called constituencies
-
Large geographical areas are demarcated
constituencies.
Entire country might be a single constituency.
-
One constituency: one representative
-
-
Voters vote for the candidate
A party may get more seats in the legislature
than the proportion of votes that it wins.
Candidate who gets highest votes is the
winner irrespective of his vote share. Hence,
majority is not needed.
Eg: UK, India
-
More than one representative may be elected from one
constituency.
Voters vote for the party
Every party gets the number of seats in proportion to
the percentage of votes that it gets.
Political party that wins elections also has the majority
of vote share.
-
-
-
-
Eg: Israel, Netherlands
as
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ELECTORAL REFORMS
Election machinery in India
Electoral Registration Officer (ERO)
Independent Election Commission:
▪
▪
Elections are conducted by the Election Commission
of India.
▪
It is a ‘constitutional’ body.
▪
Currently, it is a 3 member body consisting of a ‘Chief
Election Commissioner’ and ‘2 other Election
Commissioners’, each of whom is appointed by the
President of India.
▪
In a matter of election, it has been given wide powers
to conduct ‘free’ and ‘fair’ elections.
▪
Responsible for the preparation of electoral rolls for
a parliamentary / assembly constituency. He is
appointed by the ‘Election Commission of India’, in
consultation with the state / UT government.
ECI may also appoint one or more Assistant Electoral
Registration Officers to assist the ERO.
Chief Electoral Officer (CEO):
▪
ECI nominates or designates an Officer of
State/Union Territory govt. as Chief Electoral Officer
in consultation with the State Government/UT
Administration.
▪
Function: Supervises the election work related to
Assembly and Parliament elections in the concerned
state/UT under the direction of ECI.
The District Election Officer (DEO)
▪
Function: He supervises the election work of a
district (it is subject to the superintendence,
direction and control of chief electoral officer). An
officer
of
the
state
government
is
nominated/designated as the district election officer
Presiding Officer
▪
Presiding Officer with the assistance of polling
officers conducts the poll at a polling station.
by Election commission of India.
Returning Officer (RO)
▪
▪
Responsible for the conduct of elections in the
‘parliamentary’
or
‘assembly
constituency’
concerned and is nominated/designated by ECI.
ECI may also appoint one or more Assisting
Returning officers (AROs) to assist the RO.
Observer
▪
ECI nominates officers of Government as Observers
for ‘parliamentary’ and ‘assembly constituencies’.
▪
They perform such functions as are entrusted to
them by the Commission.
▪
They report directly to the Commission.
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ELECTORAL REFORMS
-
Election Process
1. Time of Elections•
Elections for ‘Lok Sabha’ (LS) and every
▪
‘state legislative assembly’ (LA) takes
Muscle Power:
-
President can dissolve Lok Sabha and call
a General Election before 5 years is up, if
the Government can no longer
command the confidence of the Lok
Sabha, and if there is no alternative
Violence,
pre-election
intimidation,
post-
election violence, riggings and booth capturing
are used to win the elections.
place every 5 years.
•
This leads to ‘corruption’ and the generation of
‘black money’.
▪
government available to take over.
2. ECI announces schedule of elections either
within 6 months of dissolution of the lower
house or before completion of tenure of lower
These are prevalent in many parts of the country
Misuse of Government Machinery:
-
Party in power inappropriately uses official
machinery to promote the electoral prospects of
its party candidates.
-
Gives an unfair advantage to the ruling party
leading to misuse of public funds.
-
Different forms of using govt. machinery: Issue of
house.
3. Model code of conduct immediately comes into
force after announcement of the election
advertisements at the cost of government, use
of government vehicles for canvassing etc.
Schedule.
4. Candidates file nomination papers before ECI
and make and subscribe an oath or affirmation
before an officer authorised by the Election
Commission.
elections provides a significant degree of
compulsion for public corruption.
▪
5. Political parties start their campaigning.
Criminalisation of Politics and Politicization of
Criminals:
-
Candidates with criminal records contest
elections and get elected to the parliament,
state legislatures and other representative
bodies.
-
Political parties tap criminals for funds and
muscle power and in return provide them with
political patronage and protection.
-
Nexus between politicians and criminals is
increasing.
6. Polling is held in constituencies. Voting is done
by secret ballot in the polling stations set up by
the ECI.
7. Votes are counted in the supervision of
Returning officers and Observers and the
candidate who gets the highest number of votes
is announced as winner.
▪ Problems associated with the Election
process in India
▪
Excessive Expenditure:
-
Gap between expenditure done during the
process of elections and the legally permitted
limit is increasing over the years.
The National Commission to Review the Working
of the Constitution (NCRWC): The high cost of
▪
Non-serious Candidates in Political Parties:
-
There has been an increasing number of nonserious candidates in elections with no intention
of winning.
5
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-
▪
They are contested either to cut the votes of rival
candidates or to have additional physical force at
the polling stations and counting centres.
Fake News:
-
India: An accused person is deemed innocent
until he or she is found guilty by the courts.
-
Conviction rate for politicians is low, at only 6%.
-
Huge percentage of accused politicians with
criminal backgrounds go unpunished by the
courts due to slow judicial process and are not
barred from running for office again.
▪
-
Many political parties determine policies,
programmes as well as the nomination of
electoral candidates on caste considerations at
all levels.
Candidates are selected not in terms of ability or
merit but on the basis of caste, creed and
community.
Communalism:
Political fake stories or hoaxes are created on
social media to deliberately misinform or
deceive the voters to either influence voters'
views or push a political agenda.
Low voter participation in elections:
-
Voter Participation is essential for the legitimacy
of an electoral process.
-
But nearly 40% of the Indian population does not
cast their vote during elections due to many
reasons including a lack of faith in the process as
well as in political parties and due to migration.
Casteism:
-
▪
▪
Flaws in the Criminal Justice System
-
▪
ELECTORAL REFORMS
▪
▪
Freebies:
-
Freebies have compounded the problem of
money power in politics.
-
Free liquor or some goods or services to voters
are acts of enticing voters.
Problem with electoral bonds
o
Electoral bonds: Introduced in 2017 to clean the
country's political fundraising system.
-
▪
Politics of ‘communalism’ and ‘religious
fundamentalism’ has led to clashes and conflicts
between secularists and communalists in various
states and regions of the country at times of
election.
Influence of social media:
-
Social media platforms play a pivotal role in
election campaigning and have become key for
political parties.
▪
o
But the concern remains that neither the
‘donor’ nor the ‘political party’ is
required to provide information on who
made the donation.
o
Due to the opaqueness electoral bonds
have been criticised for undermining
Paid News
- Political
parties
use
paid
advertisements/advertorials in the local
-
Targeted ads to influence the voting behaviour
of individuals has become the norm.
newspaper/Radio channels to influence
the voting behaviour which is against the
fair and just electoral process.
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ELECTORAL REFORMS
Reforms in Electoral systems:
Reform before 1996
▪
amendment act.
▪
Deputation to Election Commission: The officers
and other staff engaged in the election process are
deemed to be under the employment of the Election
Commission for the period of employment. These
personnel during that period would be under the
control, superintendence and discipline of the
Election commission.
-
Taking possession of a polling station.
-
Allowing only one's own supporters to exercise
their franchise.
-
Threatening any elector.
-
Seizure of place used for counting of votes.
▪
Elector’s Photo Identity Card (EPIC): Use of electors’
photo identity cards by the Election Commission has
made the electoral process simple, smoother and
quicker.
-
EVMs (Electoral voting machine):
-
1982- First used in the by-election to North
Paravur Assembly Constituency in Kerala for a
limited number of polling stations.
-
-
-
-
▪
Seizure of a polling station.
Lowering of voting age: From 21 to 18 years to Lok
Sabha / State Assembly through 61st Constitutional
▪
-
The EVM’s were 1st used on an experimental
basis
in
selected
constituencies
of Rajasthan, Madhya Pradesh and Delhi.
The EVMs were used first time in the general
election (entire state) to the assembly of Goa in
1999.
The EVMs were commissioned in 1989 by the
‘Election Commission of India’ in collaboration
with ‘Bharat Electronics Limited’ and
‘Electronics Corporation of India Limited’.
Law was amended in December 1988 and a new
section 61A was inserted in the Representation
of the People Act, 1951 empowering the
Commission to use voting machines.
Booth Capturing provisions: Adjournment of the
poll in case of booth capturing including -
▪
Decision was taken by ECI in 1993 to issue photo
identity cards to electors to check fake voting
and impersonation of electors at elections.
Model Code of Conduct (MCC)
-
Set of guidelines issued by the Election
Commission to regulate ‘political parties’ and
‘candidates’ prior to elections, to ensure ‘free’
and ‘fair’ elections.
-
Operational from the date that the election
schedule is announced till the date that results
are announced.
-
It was 1st introduced in the state assembly
elections in Kerala in 1960.
-
It is not enforceable by law.
-
Evolution: The Election Commission issued the
code for the first time in 1971 (5th Election) and
revised it from time to time.
-
This set of norms has evolved with the
consensus of political parties who have
consented to abide by the principles embodied
in the said code and also binds them to respect
and observe it in its letter and spirit.
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Reform in 1996
▪
Listing of names of candidates into 3 categories:
-
Candidates of ‘recognised’ political parties.
-
Candidates of ‘registered - unrecognised’
parties.
▪
ELECTORAL REFORMS
▪
Reduced campaigning time: Minimum gap between
the last date of withdrawal of candidature and
polling date reduced from 20 to 14 days.
▪
Contestants restricted to two constituencies:
Candidates not eligible to contest from more than
two constituencies.
▪
Death of a Candidate: Would not affect elections.
-
‘Independent’ candidates.
Prohibition of sale of liquor: in polling area for 48
hours till the conclusion of poll (punishment of 6
months/penalty of Rs. 2000/ both)
▪
▪
Time Limit for By-Elections: To be conducted within
Disqualification for violating the National Honours
Act, 1971: Disqualification of the person for 6 years
six months after the occurrence of a vacancy in any
House of ‘Parliament’ or ‘state legislature’ except:
from contesting to the Parliament and state
legislatures elections for insulting national flag or
-
If the remaining term of the member whose
vacancy is to be filled is less than one year; or
-
If EC certifies, in collaboration with the Central
constitution of India.
▪
Prohibition of arms: in a polling area (cognizable
Government, that holding by-elections within
offence).
the specified time will be problematic.
Reform after 1996
▪
Presidential and Vice-Presidential Elections, 1997:
Number of proposers and seconders for contesting
election to office of President raised from 10 to 50
and to the office of Vice President was increased
from 5 to 20. Further, the amount of security deposit
was increased from ‘₹ 2,500’ to ‘₹ 15,000’ for
contesting election to both the offices of President
and Vice-President
▪
-
▪
Staff for Election Duty: Employees of local
requisitioned for electoral duty.
Facility to opt to Vote through Proxy: Service voters
like-
-
Members of the ‘Armed Forces’ and to
whom the ‘Army Act’ applies
-
Persons employed under GOI on posts
outside India
Under it ‘registered elector’ can delegate his
voting power to his/her representative.
Changes in Rajya Sabha Elections: A candidate
contesting an election to the Rajya Sabha no longer
has to be a ‘resident’ of the state. Prior to this a
candidate had to be an elector from where he was
elected. Now it is sufficient if he is an elector in any
‘parliamentary constituency’ in the country.
Introduction of ‘open ballot’ instead of ‘secret
ballot’ for elections to the Rajya Sabha was
introduced.
governments, nationalised banks, colleges, the Life
Insurance Corporation, government undertakings,
and other government-aided institutions can be
▪
If the dead candidate belonged to a recognised
political party, the party in question would be
granted seven days to select a replacement
candidate.
▪
Full disclosure: In the Union of India versus
Association of Democratic Reforms 2002 case, the
Supreme Court directed that all the contesting
candidates have to furnish all personal information,
8
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ELECTORAL REFORMS
including their criminal record at the time of filing
nomination papers. As a result ECI in 2003 made
were excluded from being included in the
candidate's election expenses.
provision for
▪
▪
▪
Mandatory declaration of details like assets,
criminal antecedents, educational qualifications etc
Ramesh Dalal vs Union of India (2005): A sitting
Member of Parliament (MP) or Member of State
by the candidate along with Nomination papers.
Legislature (MLA)
Exemption of Travelling Expenditure: In 2003,
disqualification from contesting elections if he is
convicted and sentenced to not less than 2 years of
Travel expenditures made by campaigning leaders
imprisonment by a court of law.
✓ Through this, a voter can cast her vote
remotely by recording her preference on the
ballot paper and sending it back to the
election officer before counting.
Reforms since 2010
▪
Ceiling on election expenditure: Increased in 2022
shall also be subject to
▪
Creating Awareness: through 'National Voters Day’
on January 25th every year.
-
Expenditure limit for candidates for Lok Sabha
constituencies: from 70 lakh to 95 lakh rupees in
bigger states and 54 lakh to 75 lakhs in smaller
states
-
Spending limit for Assembly constituencies: For
Assembly constituencies, expenditure limits
have been enhanced from 28 lakh rupees 40 lakh
rupees in bigger states and from 20 lakhs to 28
lakhs in smaller states.
-
2020: ECI formed a committee to study the
election spending limit.’
-
Exit polls restricted: 2019- To be aired after the
▪
election's final phase to ensure that potential
voters were not misled or biased in any way.
▪
-
-
Scope was broadened earlier in 2013 by Election
commission.
-
Previously, it was available to ‘Indian diplomats’
and ‘defence personnel’ under certain
circumstances.
-
Postal voting: Restricted set of voters can
exercise postal voting.
2018: Supreme Court declared that candidates
have to disclose their sources of income and that
of their family members in order to qualify for
contesting elections.
Postal ballot voting: Recently in Jan,2022- ECI has
allowed journalists to cast their votes through a
postal ballot facility.
Mandatory declaration of income sources:
▪
NOTA: That allows voters to express their
disapproval of all candidates in a voting system.
▪
Introduction of VVPAT: Voter Verified Paper Audit
Trail, a way of delivering feedback to voters using
electronic voting machines (EVMs). The machine
helps to keep a ‘paper audit trail’ of the votes cast.
The machine prints a ‘paper slip’ of the candidate a
person votes for with the name, serial number and
symbol of the party
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ELECTORAL REFORMS
10
MLAs who are convicted to continue in office till an
▪
Systematic Voters' Education and Electoral
Participation Programme (SVEEP): ECI organizes
voter awareness campaigns in order to educate the
voters.
Union of India (UOI)
vs.
Association for
Democratic Reforms (2002):
Every candidate,
contesting an election to the Parliament, State
Legislatures or Municipal Corporation, has to declare
their criminal records, financial records and
educational qualifications at the time of filing their
nomination paper.
▪
Ramesh Dalal vs. Union of India (2005): SC held
that a sitting Member of Parliament (MP)
or
Member of State Legislature (MLA) shall also be
subject to disqualification from contesting elections
if he is convicted and sentenced to not less than 2
years of imprisonment by a court of law.
▪
▪
People's Union of Civil Liberties v Union of India
2013: Voters have the "Right to Negative Vote" in the
election process, which requires the ECI to include
the choice of "NOTA" in the EVM.
Measures by Judiciary
▪
appeal against such conviction is disposed of.
Lily Thomas v Union of India (2013): SC held that
Changes in Electoral funding➢ In 2018 budget, the receiving of foreign funds by
the political parties has been allowed. In other
words, the political parties can now receive
funds from the foreign companies. Accordingly,
the Foreign Contribution (Regulation)
Act,
2010, has been amended.
➢ In 2017 budget, the limit on corporate
contributions from 7.5 per cent of the net profit
of a company’s past three financial years has
been removed. This means that now a company
can donate any amount of money to any political
party.
➢ Electoral bonds scheme was introduced by
Budget 2017.
Section 8(4) of The Representation of the People
Act, 1951 is unconstitutional which allows MPs and
Electoral Bonds
● More Transparency
● Ensures Accountability
● Introduced by Finance Bill, 2017.
● Discouraging Cash and curb black money
● Issued in multiples of Rs. 1,000, Rs. 10,000, Rs. 1 lakh,
● Maintains Anonymity
Rs. 10 lakh and Rs. 1 crore without any maximum Challenges for Electoral Bonds
limit.
● Hindering Right to Know: Voters will not know which
● Authorised bank: State Bank of India
individual, company, or organisation has funded
○ Valid for fifteen days from the date of
which party, and to what extent.
issuance.
●
Question of Anonymity: Anonymity does not apply to
● Only redeemable in the designated account of a
the government, which can access the donor details
registered political party.
by demanding the data from the State Bank of India
● An individual, either singly or jointly with other
(SBI).
individuals can buy these bonds.
●
Unauthorized Donations: Contributions through
● Bearer bonds: Donor’s name is not mentioned on the
electoral bonds are not reported so it cannot be
bond.
comprehended whether a political party has taken
● Donors contributing less than Rs. 20,000 through
any donation in violation of provisions pf the RPA,
electoral bonds need not provide their identity
1951.
details such as PAN, etc.
● Limitless donations- Removes all pre-existing limits
● Central idea behind these bonds: Bring transparency
on political donations.
in electoral funding in India.
● Leading to Crony-Capitalism: Allows even foreign
Benefits of Electoral Bonds
donations to political parties so it act as a convenient
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ELECTORAL REFORMS
not having aadhar may be permitted to
furnish alternate documents prescribed by
the central government.
channel for businesses to invest cash parked in tax
havens to political parties for a favour.
○ Anonymous funding might lead to an
infusion of black money.
▪
-
Qualifying date for enrolment in electoral
roll - The Bill brings amendment to provide
four qualifying dates in a calendar year,
which will be January 1, April 1, July 1, and
October 1 (Under the 1950 act the
‘qualifying date’ for enrolment in the
electoral roll is January 1 of the year in which
such roll is being prepared or revised).
-
Gender neutral provisions - It replaces the
Election Laws (Amendment) Bill, 2021: It seeks to
amend Representation of People Act,1950 and 1951
to implement certain electoral reforms.
o
Proposed changes:
-
term ‘wife’ with ‘spouse’ to enable both
Linking Aadhaar to the electoral roll data –
It provides ‘electoral registration officer’ can
furnish ‘Aadhaar number’ for establishing
their identity.
It can be used for
authentication of entries in the roll. Persons
Roadmap to achieve the goal of free and
fair elections
husband and wife to exercise their vote by
postal ballot or in person; in case of a service
voter or a Central government employee
posted outside India.
o
Financial transparency:
-
Expenses incurred by ‘political parties’
Participatory democracy:
▪
There is a need to overcome hindrances to voter
participation like youth indifference, gender gap,
urban apathy and enrolling the weaker sections.
o
Youth participation:
-
o
Increase youth representation in electoral
management bodies (EMBs) to enhance
youth participation in policymaking and
promote institutional mainstreaming of
youth in the electoral administration etc.
Women representation:
-
-
Women representation in Lok Sabha has
never
touched
12
percent
since
Independence despite the fact that they
constitute 48 percent of India's population
according to Census 2011 data.
Bill to reserve 33 percent seats for women in
Parliament and state legislatures should be
expedited.
during the elections should strictly be within
the limits set by ECI.
-
Proper accounts should be maintained that
should
be
audited
by
auditors
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recommended and approved by the
Comptroller and Auditor General of India
(CAG), and made available for the
information of the public.
o
Public scrutiny:
-
Political parties should be declared as ‘public
authorities’ under the RTI Act,2005.
o
State funding:
✓ The Report "Ethics in Governance" of
the Second Administrative Reforms
Commission recommended that a
system for partial state funding should
be introduced to reduce the scope of
illegitimate and unnecessary funding of
expenditure for elections
Recommendations on State Funding
●
Indrajit Gupta Committee (1998): It suggested that state funding would ensure a level playing field for
poorer political parties.
○ State funds should be given to recognized ‘national’ and ‘State’ parties
○ Funding should be in the form of free facilities provided to these parties and their candidates.
●
Law Commission Report (1999): State funding of elections is ‘desirable’ with the condition that political
parties are prohibited from taking funds from other sources.
●
National Commission to Review the Working of the Constitution (2000): It did not support the idea but
mentioned that an appropriate framework for the regulation of political parties needs to be
implemented before state funding is considered
State funding for Elections
●
●
Government gives funds to ‘political parties’ or ‘candidates’ for contesting elections.
The objective is to make it unnecessary for contestants to take money from sources which have vested
interests. This will help them remain clean and function independently.
Arguments in favour
●
●
●
●
Political parties and candidates need money for holding electoral campaigns, it helps them to keep in contact
with their constituencies and to pay professional staff.
Public funding will increase transparency in finances of the party and its candidate finance thereby help in
curbing corruption.
In society, where most citizens are under the poverty line, one cannot expect them to donate large amounts
of money to political parties or candidates.
If parties and candidates receive at least a basic amount of money from the State, the country could have a
fully functioning multi-party system
Why are some people opposed to this idea?
●
●
It would encourage participation from non – serious candidates into the political arena who would participate
merely to avail state funds.
State expenditure on key ‘social sectors’ is too meagre, thus resources cannot be allocated on funding
election at the cost of social welfare schemes.
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▪
-
Powers to ECI:
✓ ECI should be authorized to de-register
parties which do not contest elections
and becomes inactive as there are more
than 2000 political parties registered
with the ECI, however, only a few ever
contest elections.
To disqualify candidates accused of an
offence punishable by an imprisonment of 5
years or more even when the trial is pending
provided that the court has framed charges
against them.
The National Commission to Review the
Working of the Constitution (NCRWC),
recommended that ‘special election
benches’ designated to deal with election
petitions only should be formed in the High
Court.
•
The authority for de – registering of
parties and for appointing the body
of auditors should be the Election
Commission.
•
The decisions of the ECI should be
subject to review only by the
Supreme Court of India.
•
Budget of ECI should be "charged"
Election Tribunals can be constituted at the
regional level under article 323B of the
Constitution to ensure speedy disposal of
‘election petitions’ and disputes within a
stipulated period of six months.
on Consolidated fund of India.
▪
Simultaneous elections:
-
NCRWC: the power to decide on
disqualification on the ground of defection
should vest in Election Commission instead
of in the ‘Chairman’ or ‘Speaker’ of the
House concerned.
expenses etc.
-
It will save ‘public money’.
-
Reduce burden on ‘administrative setup’ and
‘security forces’.
-
Ensure timely implementation
‘government policies’.
-
Administrative machinery will be involved in
developmental activities rather than
Conduct and Better Management of Elections:
-
Restriction on opinion polls:
✓ Election Commission had recommended
that there should be a provision in the
law putting restrictions on publishing
the results of opinion polls and exit polls
Concept of ‘One Nation One Election’ can
help keep a check on the poll expenses, party
Review anti-defection law:
-
▪
-
Adjudication of election dispute:
-
▪
✓ 2010: Restricts were imposed only on
exit polls through the introduction of
Section 126(A) in the RPA, 1951 i.e. the
hour fixed for commencement of poll in
first phase and half an hour after close of
poll in last phase in the State.
There should be intra-party democracy
within the political parties. This may include
mandatory secret ballot voting for all
elections for all inner-party posts and
selection of candidates by the registered
members, overseen by the Election
Commission of India.
Decriminalization of Politics:
-
▪
for a specified period during the election
process.
Inner party democracy:
-
▪
ELECTORAL REFORMS
of
the
electioneering.
-
It will solve the problem of absenteeism in
governance as politicians are frequently
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campaigning. Thus, Simultaneous elections
▪
ELECTORAL REFORMS
▪
will ensure short-term political gains do not
make ‘paid news during elections’
effect the long term objectives of the nation.
offence.
Law Commission in its 255th Report on Electoral
Reforms recommended strengthening the office of
the ECI in order to provide more independence and
▪
The 'First Past the Post System', needs to be changed.
-
Rather, a ‘minimum percentage’ of total
votes polled can be fixed for declaring a
This could restrict the criminals from getting
elected as not everybody in a constituency
Conclusion
▪
Electoral reforms are necessary for a healthy
democracy, and for the establishment of a
responsible government.
▪
Only holding periodic elections is not enough,
reformation of Political system is needed to
strengthen the democratic foundations of India.
These reforms will help meet the larger societal
expectations from India's democracy.
▪
Thus parties reflect fundamental political division in
votes on party lines.
▪
Regular updation of ‘Voters list’ and removal of bogus
voters.
candidate as the winner.
-
an electoral
voters to identify ASD (Absent, shifted and dead)
teeth to the institution.
▪
Both ‘ECI’ and ‘Law Commission’ have proposed to
Increasing awareness - Voters need to be made
‘aware’ & ‘well - informed’ about the election process
and its machinery.
Value Addition
a society. A political party has three different
components-
Political Parties
Meaning and types:
▪
Political parties are voluntary associations of group
of people who come together with the objective to
contest elections and hold power in the government.
▪
Political party agrees on some policies and
programmes for the society with a view to promote
the collective good.
▪
Since there can be different views or opinion on what
will promote the collective good, different parties try
to persuade people on why their policies are better
than others. They seek to implement these policies
by winning popular support through elections.
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The Leaders
ELECTORAL REFORMS
The followers
Active members
To be in power
Characteristics of
Party System
To have a party agenda
To pursue an ideology
Link between government and people
▪
Functions of Parties:
▪
Parties Contest Elections:
In most democracies,
elections are fought mainly among the candidates
put up by political parties. Parties select their
candidates and they contest elections to come to
power.
▪
Put forward different policies and programmes:
Parties put forward different policies and
programmes and the voters choose from them.
▪
Decisive role in making laws: Parties play decisive
role in making laws for a country. Formally laws are
debated and passed in the legislature. Since, the
members belong to a party, they follow the decision
of the party leadership, even if they personal don’t
agree with it.
▪
Form and run governments: Those parties that win
in the election form and run governments.
▪
Role of Opposition: Those parties that lose in the
elections play the role of opposition to the parties in
power. They are responsible for holding the
government accountable and debating various
policies and laws framed by the party in power.
Shape Public Opinion: Parties shape public opinion.
They raise and highlight issues. Many of the pressure
groups are the extensions of political parties.
Apart from there are other function played by the
political parties –
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They campaign to obtain support for their candidates in the elections
They articulate peoples’ demands and convey them to the government
Those not in power form opposition and keep a constant check on the government
They educate people and help in formulating and shaping public opinion;
Political Party
Types of Parties
Political System
One
Party
Syste
m
Two Party
System
Multi-Party System
Party System:
▪
▪
▪
One-party system: It is a system in which only
one ruling party exists and no opposition is
permitted, as for example, in the former
communist countries like the USSR and other
East European countries;
Two party system: A two-party system in which
two major parties exists, as for example, in USA
and Britain
National Party
Regional Party
Types of Parties:
Introduction
•
•
Multi-party system: It is a system in which there
are a number of political parties leading to the
formation of coalition governments, as for
example, in France, Switzerland and Italy.
•
The political parties are given recognition as
‘national’ or ‘state’ parties based on their poll
performance. The registration and such
recognition is given by Election commission. The
other parties are simply declared as registered unrecognized parties.
The parties which are recognized by the election
commission (as national or state party) are given
certain privileges like allocation of the party
symbols, provision of time for political
broadcasts on the state-owned television and
radio stations, access to electoral rolls and more
number of star campaigners compared to
registered - unrecognized parties etc.
Also every national party is allotted a symbol
exclusively reserved for its use throughout the
country. Similarly, every state party is allotted a
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ELECTORAL REFORMS
symbol exclusively reserved for its use in the
state or states in which it is so recognized.
• Examples of National Party are Bharatiya Janata
Party, Indian National Congress, Communist
Status of Political Parties: Eligibility
State Party
-
-
Party of India etc. Example of state parties are
Aam Aadmi Party, All India Anna Dravida
Munnetra Kazhagam etc. .
National Party
If it wins at least 6% of valid votes
polled in a state at a general election to
the legislative assembly of the state
concerned and in addition, it wins 2
seats in the assembly of the state
concerned.
If it secures six per cent of the valid
votes polled in the state at a general
election to the Lok Sabha from the
state concerned; and, in addition, it
wins 1 seat in the Lok Sabha from the
-
If it wins at least 6% of valid votes polled in any four
or more states at a general election to the Lok Sabha
or to a legislative assembly and in addition it wins 4
seats in the Lok Sabha from any state or states
-
If it wins at least 2% of the total number of seats in
the Lok Sabha at a general election and these
candidates are elected from 3 states.
-
It is recognized as a state party in 4 states.
state concerned,
-
If it wins at least 3% of seats in the
Legislative Assembly at a general
election to the legislative assembly of
the state concerned or 3 seats in the
Legislative Assembly whichever is
higher.
-
If it wins at least 1 seat in Lok Sabha out
of every 25 seats allocated to the States
in Lok Sabha.
-
If it secures eight per cent of the total
valid votes polled in the state at a
General Election to the Lok Sabha from
the state or to the legislative assembly
of the state.
Political Parties in India:
democracy was basically a one-party system known
▪
as the 'Congress system'.
Every political party in India has to register with the
Election Commission for the purpose of elections.
▪
ECI grants them recognition as ‘national’ or ‘state’
parties on the basis of poll performance, Election
commission registers every political party.
▪
▪
From 1952 until 1964, the Congress Party was the
dominant political party in India, and the country's
With the death of Jawahar Lal Nehru and the 1967
elections, the congress system's supremacy was
challenged.
▪
In 1977, a new coalition led by the Janata Party
developed. In India, this resulted in the formation
of a multi-party system. From 1989 up until 2014,
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ELECTORAL REFORMS
-
there has been a ‘multi-party system’ and ‘coalition’
heralded an era of one party dominance once again
in India.
-
of
fighting
for
an
Identity consists of fighting for recognition of
‘cultural rights’ of a group.
Rise of regional Parties:
-
Indian society is the mixed composition of a number
of ethnic, cultural, linguistic, religious and caste
groups. This factor is greatly responsible for the
consists
‘independent state’ within the country.
politics. The win of BJP in 2014 and 2019 has
▪
Statehood
Development consists of regional parties
believing that only they can bring development
to the people of a particular region,
Role of Regional Parties:
origin and growth of regional parties.
1. They make politics more competitive.
▪
In India regional parties are based on themes like–
2. They help in enhancing ‘political awareness’ and
Identity, Statehood, Autonomy and Development
‘people’s participation’ in interest in the politics.
3. They represent interests of various sections and
groups at the central level either by forming a
coalition with the ruling party or by becoming a
etc.
-
Autonomy consists of demanding ‘greater
part of Lok Sabha/Rajya Sabha.
powers’ to the states.
▪
Voting Behaviour
Voting behaviour involves understanding the factors
and reasons which influence voting patterns. To
interpret voting behavior both political science and
▪
Voting behaviour is the way that different people
psychology expertise were necessary.
tend to vote.
▪
▪
It is studied to understand why certain people vote
for different political parties.
▪
Through this, political parties can predict who
might vote for them in the future, which helps
them to plan the policies and strategize
According to Sociologist Gordon Marshall:“The study
of voting behaviour invariably focuses on the
determinants of why people tend to vote in public
elections as they do and how they arrive at the
decisions they make”.
accordingly.
Significance of Voting Behaviour:
It helps in understanding the process of political socialisation
It makes government more responsible and accountable
By voting, people can decide the direction of change and development.
Voting helps people in expressing their thoughts on the government functioning.
Through voting, people gain a sense of ‘ownership on the government’.
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Determinant of Voting of Behaviour:
• Religion:
-
-
-
•
Casteism:
-
•
It is another factor which is used by various
political parties in India.
Usually, parties give tickets to the candidate of a
caste which is in majority in the constituency.
While formulating their election strategies
political parties account for the factor of caste.
This factor is more prevalent in ‘rural’ &
‘backward’ regions.
•
-
“Regionalism is a political ideology that focuses
on the interests of a particular region, group of
regions or other subnational entity.” Example
include the demand for creation of Bodoland for
the bodo speakers of Assam, Gorkhaland for
ethnic Gorkha (Nepali) people in West Bengal
etc.
This led to the emergence of perpetual ‘regional
parties’ in various ‘states’ where they appeal to
the electorate on the ground of ‘regional
identities’ and ‘regional sentiments’. ExampleDMK and AIDMK in Tamil Nadu.
Language:
-
-
Linguistic considerations influence the voting
behavior of the people. Many political parties set
their agenda around linguistic demands of the
people example- Southern states oppose the
imposition of Hindi language on them.
This factor plays a greater role in state politics as
compared to national politics
Ideology:
-
-
Some political ideologies play a deciding factor
‘socialism’, ‘communism’.
Political ideology followed by a political party
plays crucial factor and determines the decision
of the voters.
Certain sections of the society are committed to
like communalism, capitalism, democracy,
secularism, decentralization and so on and show
their support to parties which support and
propogate the same. .
Apart from these, there are other determinant of voting
behviour•
Sudden events and incidents can change the
equations in politics.
•
Some of the voters are emotionally attached to the
political parties and they vote in the name of the
party only.
•
The more developmental work is done, the more
chances are of getting votes.
•
Election manifesto makes the people think that the
candidate will do all that he is promising.
Regionalism:
-
•
Religion is an important factor that influences
electoral behaviour.
People believe that a representative from
another religion will not be able to understand
their problem.
Political parties indulge in ‘communal
propaganda’ and exploit the religious
sentiments of the voters.
Along with this, the existence of various
communal parties has further added to the
politicization of religion.
ELECTORAL REFORMS
Role of media in elections and voting behaviour:
•
The media plays indispensable role in the proper
functioning of a democracy. It is regarded as the 4th
pillar of the democracy due to its role as the
watchdog and holding people in power accountable.
•
Through its scrutiny and discussion, media highlights
•
•
The successes and failures of candidates,
governments, and electoral management bodies
The media can inform the public on how
effectively they have performed and hold them
accountable.
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ELECTORAL REFORMS
Media keeps the citizens updated about the current events
Media plays crucial role in raising awareness on various issues in society.
Importance
It has an impact on the public’s views and way of thinking.
of Media
Formation of public opinion
Media educates the public and acts as a neutral, objective platform.
The media also has other roles through which it enables
public participation in elections:
▪
By allowing the parties and candidates to debate
with each other;
▪
By educating voters on how to exercise their
democratic rights;
▪
By reporting results and monitoring vote counting;
▪
By scrutinizing the electoral-process itself, including
▪
By reporting on the development of the election
campaigning;
▪
By providing a platform for the ‘political parties’ and
‘candidates’ to communicate their message to the
electorate;
▪
electoral management, in order to evaluate the
fairness of the process, its efficiency, and its probity;
▪
By providing information that, as far as possible,
avoids inflammatory language, helping to prevent
election-related violence.
By providing a platform for the public to
communicate their concerns, opinions, and needs,
to the parties/candidates.
Functions/Role of media during elections can be broadly categorized asMedia as transparency/watchdog
Media as open forum for debate.
Media as a campaign platform
Media as public educator
Model Code of Conduct
•
The Model Code of Conduct refers to a set of norms which have been evolved with the consensus of political
parties. The political parties have agreed to abide by the principles embodied in the code as well as respect
and observe it in letter and spirit.
•
The Model Code of Conduct is enforced from the date of announcement of election operational till the process
of elections is completed.
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•
ELECTORAL REFORMS
The guidelines apply to all political parties, their candidates, polling agents, the government in power, and
all government employees.
•
Election Commission ensures that the model code of conduct is observed by political party in power,
contesting candidates etc.
•
It also ensures that official machinery for the electoral purposes is not misused..
•
The applicability of code during general elections and bye-elections is as given below:
o
During general elections to the House of People (Lok Sabha), the code is applicable throughout the
country.
o
During general elections to the Legislative Assembly (Vidhan Sabha), the code is applicable in the entire
State.
o
During bye-elections, the code is applicable in the entire district or districts in which the constituency
falls.
Guidelines for General Conduct:
The following are the important guidelines for general conduct when the MCC is in place:
•
No party or candidate should conduct any activity which may aggravate existing differences or create mutual
hatred or cause tension between different castes and communities, religious or linguistic.
•
Criticism of other political parties, when made, should be confined to their policies and programme, past
record and work. Parties and Candidates should refrain from criticism of all aspects of private life, not
connected with the public activities of the leaders or workers of other parties. Criticism of other parties or
their workers based on unverified allegations or distortion should be avoided.
•
There should be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or
other places of worship should not be used as a forum for election propaganda.
•
All parties and candidates should avoid activities which are corrupt practices and offences under the election
law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters
of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the
close of the poll, and the transport and conveyance of voters to and from polling station.
•
With the MCC in place, caretaker governments will not be allowed to announce any new schemes, projects
etc nor will the center be allowed to come out with schemes aimed at states where the elections are to be
held.
Benefits of the Guidelines:
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•
ELECTORAL REFORMS
In India, the experience of past has demonstrated that electoral malpractice is a clear danger to Indian
democracy.
•
Political parties try to to capitalize on voter’s poverty, their lack of education or social and communal tensions
in order to win. MCC tries to prevent such a situation.
•
The MCC provides a level playing field for all political parties, to keep the campaign fair and healthy, avoid
clashes and conflicts between parties, and ensure peace and order.
•
It ensures that the ruling party, either at the Centre or in the states, does not misuse it official position to gain
an unfair advantage in an election.
Election Laws
Representation of the People Act (RPA), 1950
▪
-
state gets representation in the Lok Sabha in
proportion to its population as per census
Key Provisions
-
Lays down procedures for delimitation of
constituencies.
-
figures.
▪
Provides for the allocation of seats in the House
of the People and in the Legislative Assemblies
Electoral Rolls
-
and Legislative Councils of States.
-
-
Sabha by representatives of UT’s.
Lays down the qualification of voters.
-
Contains provisions related to Election officers
like chief Electoral officer, district election
-
▪
Delimiting Constituencies
-
The President of India has been conferred the
power
to
amend
orders
delimiting
constituencies, only after consulting the ECI.
Certain offices in India declared by the President
in consultation with ECI.
-
Bars the jurisdiction of civil courts in election
related matters.
Service qualification such as a member of armed
forces, member of the armed police force of a
state serving outside the state, or central
government employees posted outside India.
officer and so on.
-
The 1950 Act permits the registration of persons
in electoral rolls who are ordinarily resident of a
constituency and persons holding:
Lays procedure for the preparation of electoral
rolls and the manner of filling seats in the Rajya
-
Allocation of seats: As far as possible, every
▪
The spouses of such persons are also deemed to
be ordinarily residing in India
Chief Electoral Officer (CEO)
-
Each state to have a CEO nominated or
designated by the ECI in consultation with the
state government to supervise the election work
in the State/ UTs.
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-
ELECTORAL REFORMS
The ECI also nominates or designates an officer
of the state as the District Election Officer
-
and other offences.
(DEO)in consultation with the state government
-
The
DEO
works
under
the
It provides provisions to curb corrupt practices
-
overall
It lays down the procedure for settling doubts
and disputes arising out of elections.
superintendence and control of the CEO.
▪
Electoral Registration Officer (ERO)
It lays down powers of the Election Commission
in connection with inquiries as to
disqualification of members.
-
The ERO is responsible for the preparation of the
electoral
roll
for
each
constituency
▪
(parliamentary/assembly).
-
Qualification for Contesting Elections in India
-
The Parliament has laid down the following
qualifications (for contesting election) in the
An appeal against the order of the ERO during
the update of the electoral rolls now lies with
RPA,1951:
District Magistrate.
-
The Civil Courts have also been barred to
question the legality of any action of the ERO
-
A person must be an elector in the constituency.
-
The person must be a member of a Scheduled
regarding revision of electoral rolls.
▪
Caste or Scheduled Tribe in any state/UTs if
he/she wants to contest a seat reserved for
Returning Officer (RO)
-
them.
RO is responsible for the conduct of the election
in a constituency and returns an elected
-
(State LA/Lok Sabha) is 25 years.
candidate.
-
The minimum age for becoming an MLA/MPs
The ECI nominates or designates an officer of
the government or local authority as the RO in
▪
Right to Vote
o
consultation with the state government.
Apart from Article 326 of the Constitution
(which guarantees the right to vote to every
citizen above the age of 18 years, unless
The Representation of the People Act (RPA),1951
disqualified by any law), Section 62 of the
▪
RPA,1951 also ensures that every person who is
in the electoral roll of that constituency is
Key Provisions
-
entitled to vote.
It regulates the actual conduct of elections and
by-elections and time limit for filling the
o
vacancies.
-
It
provides
One person can vote at one constituency only
once in a particular election.
administrative
machinery
for
o
conducting elections.
If a person is confined in a prison, whether under
a sentence of imprisonment or transportation,
then he is not eligible for voting, however, in the
-
It deals with the registration of political parties.
case of preventive custody, he can vote.
-
It
specifies
the
qualifications
and
disqualifications for membership of the Houses.
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-
ELECTORAL REFORMS
In 2014, the ECI had said that the person
under preventive custody had the right to
company) can be accepted by the registered
political party.
vote, but not under-trials and convicts.
-
However, the Act allows those serving
sentences less than 2 years to contest
-
A company can donate any amount of
money to any political party.
elections from prison.
▪
NOTA Option:
-
account.
None of the Above was introduced in the ballot
o
papers/ Electronic Voting Machine (EVMs) in
General Election to the State Assemblies in
It is mandatory for the political parties to submit
to the ECI a list of donations they received above
Rs. 2,000.
2013.
▪
VVPAT:
-
donations above Rs 2000 only through
electoral bonds.
o
cast as intended. It was introduced in 2013,
after the SC allowed the ECI for the
Act, 2010.
verdict in the People’s Union for Civil Liberties
•
Right to Information
•
Provisions Related to Political Parties:
-
Every association or body in order to become a
political party must be registered with the ECI
whose decision regarding registration will be
final.
-
Now, political parties are eligible to accept
contributions from foreign companies defined
under the Foreign Contribution (Regulation)
‘requirement of free and fair elections’ in its
▪
Political parties cannot receive more than Rs
2000 as cash donations. They can receive
Voter Verifiable Paper Audit Trail is an
independent system attached with the EVMs
that allows voters to verify that their votes are
vs. Union of India case (2013).
There is no obligation of the company to
report such donations in its profit and loss
•
Voting Through Postal Ballot
•
Registered political parties, in course of time,
can get recognition as a 'State Party or a
Candidates need to furnish information whether
he/she is accused of any offence punishable with
imprisonment of 2 years or more in a pending
case or has been convicted of an offence.
Any class of person can be notified by the ECI in
consultation with the concerned government
which can give their votes by postal ballot.
National Party’.
•
-
Change in name and address of a registered
political party must be communicated to the
Section 126 of the RPA, 1951
•
ECI.
•
▪
The ECI can not derecognize a party.
•
Voluntary Contributions
o
Voluntary contributions by any person or
company within India (other than a government
48 hours before the polling ends or concludes,
displaying any election matter by television or
similar apparatus in a constituency is prohibited.
Section 126 is not applicable to the print media,
news portals and social media
•
Section 126A prohibits the conduct of exit
poll and dissemination of its results during
the period mentioned.
Ceiling on Expenditure
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•
•
•
•
•
•
•
•
All government or non-government officials are
included within the scope of corrupt practices.
Bribery: Any gift/offer/promise or gratification to
any person as a motive or reward.
Undue Influence: Any direct or indirect
interference/attempt to interfere on the part of
the candidate with the free exercise of any
electoral right.
The publication by a candidate any statement of
fact which is false in relation to the personal
character/conduct of any candidate
The hiring or procuring of any vehicle by a
candidate of any elector to or from any polling
station.
Section 8(4) allowed convicted MPs, MLAs and
MLCs to continue in their posts, provided they
appealed against their conviction/sentence in
higher courts within 3 months of the date of
judgement by the trial court.
•
The Supreme Court in July 2013 struck down
section 8(4) of the RPA, 1951 and declared it
ultra vires and held that the disqualification
takes place from the date of conviction.
Representation of People (Amendment) Act, 2010
▪
This amending act confers voting rights to Indians
who are NRIs. It gives them the right to enroll
themselves in the electoral roll of the constituency
mentioned in their passport.
▪
The amendment, however, does not give NRIs the
right to contest elections.
▪
It also does not give NRIs the right to vote in
absentia.
They have to be present in their
constituencies during polling.
The Representation of the People (Amendment and
Promoting Enmity
Validation) Act, 2013
•
▪
Key changes:
▪
A person in police custody or in jail can file a
nomination for an election as long as his name is
entered on the electoral roll, even if a person is
•
•
disposal, he is disqualified from contesting
an election.
At every election where a poll is taken, the votes
are counted by, or under the supervision of the
Returning Officer (RO), and the contesting
candidate, his election agent and his counting
agents.
Destruction, loss, damage or tampering of ballot
papers at the time of counting must be reported
by the RO to the ECI.
Corrupt Practices
•
•
A candidate contesting polls in large states can
spend up to Rs 95 lakh in the Lok Sabha election
and Rs 40 lakh in an Assembly election.
Counting of Votes
•
•
ELECTORAL REFORMS
Any person who promotes or attempts to
promote enmity on grounds of religion, race,
caste, community or language, feelings of
enmity or hatred between different classes of
citizens of India can be punished with
imprisonment for a term which may extend to 3
years.
Prohibition of public meetings during a period of
48 hours ending with the hour fixed for the
conclusion of the poll.
Disqualification of MPs and MLAs
•
•
The RPA, 1951 lays down certain rules for
disqualification of MPs and MLAs.
Section 8 (3) of the Act states that if an MP or
MLA is convicted for any other crime and is sent
to jail for 2 years or more, he/ she will be
disqualified for 6 years from the time of release.
•
Even if a person is on bail after the
conviction and his appeal is pending for
prohibited from voting.
▪
This amendment Bill seeks to address the situation
where the Supreme Court in a judgement in 2013
concluded that a person in jail or police custody is
not entitled to vote, and therefore, is not an elector,
and thus, cannot contest elections.
Delimitation Act, 2002It seeks to establish Delimitation Commission for
effecting delimitation on the basis of 2001 census to
readjust the size of electoral constituencies on the basis
of changes in the population.
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Delimitation Commission would also re-fix the number
of seats for the Scheduled Castes and the Scheduled
Tribes on the basis of the 2001 census, without affecting
total number of seats based on
the 1971 census.
BackgroundArticles 82 and 170 of the Constitution of India provide
for readjustment and the division of each State into
territorial constituencies (Parliamentary constituencies
and Assembly constituencies) on the basis of the 2001
census by such authority and in such manner as
Parliament may, by law, determine.
Further, Articles 330 and 332 of the Constitution of India
provide for re-fixing the number of seats reserved for the
Scheduled Castes and the Scheduled Tribes in the House
of the People and Legislative Assemblies of the States on
the basis of the 2001 census.
Duties of the Commission:
The Commission shall readjust the division of each State
into territorial constituencies for the purpose of
elections to the House of the People and to the State
Legislative Assembly on the basis of the census figures as
ascertained at the census held in the year 2001.
The division of seats in done in such a way thatEach state is divided into territorial constituencies in
such a manner that the ratio between the population
of each constituency and the number of seats allotted
to it is the same throughout the state.
ELECTORAL REFORMS
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CONSTITUTIONAL BODIES
Reform after 1996
▪
candidate had to be an elector from where he was
elected. Now it is sufficient if he is an elector in any
‘parliamentary constituency’ in the country.
Introduction of ‘open ballot’ instead of ‘secret
ballot’ for elections to the Rajya Sabha was
introduced.
Presidential and Vice-Presidential Elections, 1997:
Number of proposers and seconders for contesting
election to office of President raised from 10 to 50
and to the office of Vice President was increased
from 5 to 20. Further, the amount of security deposit
was increased from ‘₹ 2,500’ to ‘₹ 15,000’ for
contesting election to both the offices of President
and Vice-President
▪
▪
Association of Democratic Reforms 2002 case, the
Supreme Court directed that all the contesting
candidates have to furnish all personal information,
including their criminal record at the time of filing
nomination papers. As a result ECI in 2003 made
Staff for Election Duty: Employees of local
governments, nationalised banks, colleges, the Life
Insurance Corporation, government undertakings,
and other government-aided institutions can be
requisitioned for electoral duty.
▪
Full disclosure: In the Union of India versus
provision for
▪
Mandatory declaration of details like assets,
criminal antecedents, educational qualifications etc
by the candidate along with Nomination papers.
Facility to opt to Vote through Proxy: Service voters
like▪
Members of the ‘Armed Forces’ and to
whom the ‘Army Act’ applies
-
Persons employed under GOI on posts
outside India
Exemption of Travelling Expenditure: In 2003,
Travel expenditures made by campaigning leaders
were excluded from being included in the
candidate's election expenses.
▪
Ramesh Dalal vs Union of India (2005): A sitting
Under it ‘registered elector’ can delegate his
voting power to his/her representative.
Member of Parliament (MP) or Member of State
Changes in Rajya Sabha Elections: A candidate
disqualification from contesting elections if he is
convicted and sentenced to not less than 2 years of
-
▪
-
contesting an election to the Rajya Sabha no longer
has to be a ‘resident’ of the state. Prior to this a
Legislature (MLA)
shall also be subject to
imprisonment by a court of law.
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CONSTITUTIONAL BODIES
of their family members in order to qualify for
contesting elections.
Reforms since 2010
▪
Ceiling on election expenditure: Increased in 2022
-
▪
NOTA: That allows voters to express their
disapproval of all candidates in a voting system.
Expenditure limit for candidates for Lok Sabha
constituencies: from 70 lakh to 95 lakh rupees in
bigger states and 54 lakh to 75 lakhs in smaller
states
-
Spending limit for Assembly constituencies: For
Assembly constituencies, expenditure limits
have been enhanced from 28 lakh rupees 40 lakh
rupees in bigger states and from 20 lakhs to 28
lakhs in smaller states.
-
2020: ECI formed a committee to study the
election spending limit.’
-
Exit polls restricted: 2019- To be aired after the
▪
Introduction of VVPAT: Voter Verified Paper Audit
Trail, a way of delivering feedback to voters using
electronic voting machines (EVMs). The machine
helps to keep a ‘paper audit trail’ of the votes cast.
The machine prints a ‘paper slip’ of the candidate a
person votes for with the name, serial number and
symbol of the party
▪
Systematic Voters' Education and Electoral
Participation Programme (SVEEP): ECI organizes
election's final phase to ensure that potential
voters were not misled or biased in any way.
▪
Postal ballot voting: Recently in Jan,2022- ECI has
allowed journalists to cast their votes through a
postal ballot facility.
-
-
-
Scope was broadened earlier in 2013 by Election
commission.
Previously, it was available to ‘Indian diplomats’
and ‘defence personnel’ under certain
circumstances.
Postal voting: Restricted set of voters can
voter awareness campaigns in order to educate the
voters.
Measures by Judiciary
▪
exercise postal voting.
▪
Mandatory declaration of income sources:
-
2018: Supreme Court declared that candidates
have to disclose their sources of income and that
Association for
Democratic Reforms (2002):
Every candidate,
nomination paper.
Creating Awareness: through 'National Voters Day’
on January 25th every year.
vs.
contesting an election to the Parliament, State
Legislatures or Municipal Corporation, has to declare
their criminal records, financial records and
educational qualifications at the time of filing their
✓ Through this, a voter can cast her vote
remotely by recording her preference on the
ballot paper and sending it back to the
election officer before counting.
▪
Union of India (UOI)
▪
Ramesh Dalal vs. Union of India (2005): SC held
that a sitting Member of Parliament (MP)
or
Member of State Legislature (MLA) shall also be
subject to disqualification from contesting elections
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if he is convicted and sentenced to not less than 2
CONSTITUTIONAL BODIES
Changes in Electoral funding-
years of imprisonment by a court of law.
▪
➢ In 2018 budget, the receiving of foreign funds by
Lily Thomas v Union of India (2013): SC held that
the political parties has been allowed. In other
words, the political parties can now receive
Section 8(4) of The Representation of the People
funds from the foreign companies. Accordingly,
Act, 1951 is unconstitutional which allows MPs and
MLAs who are convicted to continue in office till an
the Foreign Contribution (Regulation)
2010, has been amended.
➢ In 2017 budget, the limit on corporate
appeal against such conviction is disposed of.
▪
Act,
contributions from 7.5 per cent of the net profit
People's Union of Civil Liberties v Union of India
2013: Voters have the "Right to Negative Vote" in the
of a company’s past three financial years has
been removed. This means that now a company
can donate any amount of money to any political
election process, which requires the ECI to include
the choice of "NOTA" in the EVM.
party.
➢ Electoral bonds scheme was introduced by
Budget 2017.
Electoral Bonds
Introduced by Finance Bill, 2017.
Issued in multiples of Rs. 1,000, Rs. 10,000, Rs. 1
lakh, Rs. 10 lakh and Rs. 1 crore without any
maximum limit.
● Authorised bank: State Bank of India
○ Valid for fifteen days from the date of
issuance.
● Only redeemable in the designated account of a
registered political party.
● An individual, either singly or jointly with other
individuals can buy these bonds.
● Bearer bonds: Donor’s name is not mentioned
on the bond.
● Donors contributing less than Rs. 20,000
through electoral bonds need not provide their
identity details such as PAN, etc.
● Central idea behind these bonds: Bring
transparency in electoral funding in India.
Benefits of Electoral Bonds
●
●
● More Transparency
● Ensures Accountability
● Discouraging Cash and curb black money
● Maintains Anonymity
Challenges for Electoral Bonds
●
Hindering Right to Know: Voters will not know
which individual, company, or organisation has
funded which party, and to what extent.
Question of Anonymity: Anonymity does not
apply to the government, which can access the
donor details by demanding the data from the
State Bank of India (SBI).
Unauthorized Donations: Contributions through
electoral bonds are not reported so it cannot be
comprehended whether a political party has
taken any donation in violation of provisions pf
the RPA, 1951.
Limitless donations- Removes all pre-existing
limits on political donations.
Leading to Crony-Capitalism: Allows even
foreign donations to political parties so it act as
a convenient channel for businesses to invest
cash parked in tax havens to political parties for
a favour.
○ Anonymous funding might lead to an
infusion of black money.
●
●
●
●
▪
Election Laws (Amendment) Bill, 2021: It seeks to
amend Representation of People Act,1950 and 1951
to implement certain electoral reforms.
o
Proposed changes:
-
Linking Aadhaar to the electoral roll data –
It provides ‘electoral registration officer’ can
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furnish ‘Aadhaar number’ for establishing
their identity.
It can be used for
authentication of entries in the roll. Persons
not having aadhar may be permitted to
furnish alternate documents prescribed by
the central government.
-
CONSTITUTIONAL BODIES
‘qualifying date’ for enrolment in the
electoral roll is January 1 of the year in which
such roll is being prepared or revised).
-
Gender neutral provisions - It replaces the
term ‘wife’ with ‘spouse’ to enable both
husband and wife to exercise their vote by
postal ballot or in person; in case of a service
voter or a Central government employee
Qualifying date for enrolment in electoral
roll - The Bill brings amendment to provide
four qualifying dates in a calendar year,
which will be January 1, April 1, July 1, and
October 1 (Under the 1950 act the
posted outside India.
recommended and approved by the
Comptroller and Auditor General of India
Roadmap to achieve the goal of free and
fair elections
Participatory democracy:
▪
There is a need to overcome hindrances to voter
participation like youth indifference, gender gap,
urban apathy and enrolling the weaker sections.
o
Youth participation:
-
o
Women representation:
-
-
o
Increase youth representation in electoral
management bodies (EMBs) to enhance
youth participation in policymaking and
promote institutional mainstreaming of
youth in the electoral administration etc.
Women representation in Lok Sabha has
never
touched
12
percent
since
Independence despite the fact that they
constitute 48 percent of India's population
according to Census 2011 data.
Bill to reserve 33 percent seats for women in
Parliament and state legislatures should be
expedited.
Financial transparency:
-
-
Expenses incurred by ‘political parties’
during the elections should strictly be within
the limits set by ECI.
Proper accounts should be maintained that
should
be
audited
by
auditors
(CAG), and made available
information of the public.
for
the
o
Public scrutiny:
-
Political parties should be declared as ‘public
authorities’ under the RTI Act,2005.
o
State funding:
✓ The Report "Ethics in Governance" of
the Second Administrative Reforms
Commission recommended that a
system for partial state funding should
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CONSTITUTIONAL BODIES
be introduced to reduce the scope of
illegitimate and unnecessary funding of
expenditure for elections
Recommendations on State Funding
●
Indrajit Gupta Committee (1998): It suggested that state funding would ensure a level playing field for
poorer political parties.
○ State funds should be given to recognized ‘national’ and ‘State’ parties
○ Funding should be in the form of free facilities provided to these parties and their candidates.
●
Law Commission Report (1999): State funding of elections is ‘desirable’ with the condition that political
parties are prohibited from taking funds from other sources.
●
National Commission to Review the Working of the Constitution (2000): It did not support the idea but
mentioned that an appropriate framework for the regulation of political parties needs to be
implemented before state funding is considered
State funding for Elections
●
●
Government gives funds to ‘political parties’ or ‘candidates’ for contesting elections .
The objective is to make it unnecessary for contestants to take money from sources which have vested
interests. This will help them remain clean and function independently.
Arguments in favour
●
●
●
●
Political parties and candidates need money for holding electoral campaigns, it helps them to keep in contact
with their constituencies and to pay professional staff.
Public funding will increase transparency in finances of the party and its candidate finance thereby help in
curbing corruption.
In society, where most citizens are under the poverty line, one cannot expect them to donate large amounts
of money to political parties or candidates.
If parties and candidates receive at least a basic amount of money from the State, the country could have a
fully functioning multi-party system
Why are some people opposed to this idea?
●
●
It would encourage participation from non – serious candidates into the political arena who would participate
merely to avail state funds.
State expenditure on key ‘social sectors’ is too meagre, thus resources cannot be allocated on funding
election at the cost of social welfare schemes.
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▪
CONSTITUTIONAL BODIES
the results of opinion polls and exit polls
for a specified period during the election
process.
Inner party democracy:
-
There should be intra-party democracy
within the political parties. This may include
mandatory secret ballot voting for all
elections for all inner-party posts and
selection of candidates by the registered
members, overseen by the Election
Commission of India.
✓ 2010: Restricts were imposed only on
exit polls through the introduction of
Section 126(A) in the RPA, 1951 i.e. the
hour fixed for commencement of poll in
first phase and half an hour after close of
poll in last phase in the State.
-
▪
▪
-
The National Commission to Review the
Working of the Constitution (NCRWC),
recommended that ‘special election
benches’ designated to deal with election
petitions only should be formed in the High
Court.
Election Tribunals can be constituted at the
regional level under article 323B of the
Constitution to ensure speedy disposal of
‘election petitions’ and disputes within a
stipulated period of six months.
•
The authority for de – registering of
parties and for appointing the body
of auditors should be the Election
Commission.
•
The decisions of the ECI should be
subject to review only by the
Supreme Court of India.
•
Budget of ECI should be "charged"
on Consolidated fund of India.
▪
Simultaneous elections:
-
NCRWC: the power to decide on
disqualification on the ground of defection
should vest in Election Commission instead
of in the ‘Chairman’ or ‘Speaker’ of the
House concerned.
Conduct and Better Management of Elections:
-
Restriction on opinion polls:
✓ Election Commission had recommended
that there should be a provision in the
law putting restrictions on publishing
Concept of ‘One Nation One Election’ can
help keep a check on the poll expenses, party
Review anti-defection law:
-
▪
To disqualify candidates accused of an
offence punishable by an imprisonment of 5
years or more even when the trial is pending
provided that the court has framed charges
against them.
Adjudication of election dispute:
-
▪
✓ ECI should be authorized to de-register
parties which do not contest elections
and becomes inactive as there are more
than 2000 political parties registered
with the ECI, however, only a few ever
contest elections.
Decriminalization of Politics:
-
Powers to ECI:
expenses etc.
-
It will save ‘public money’.
-
Reduce burden on ‘administrative setup’ and
‘security forces’.
-
Ensure timely implementation
‘government policies’.
-
Administrative machinery will be involved in
developmental activities rather than
electioneering.
of
the
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-
It will solve the problem of absenteeism in
governance as politicians are frequently
campaigning. Thus, Simultaneous elections
CONSTITUTIONAL BODIES
▪
‘aware’ & ‘well - informed’ about the election process
and its machinery.
will ensure short-term political gains do not
effect the long term objectives of the nation.
▪
▪
▪
Both ‘ECI’ and ‘Law Commission’ have proposed to
make ‘paid news during elections’
Law Commission in its 255th Report on Electoral
Reforms recommended strengthening the office of
the ECI in order to provide more independence and
teeth to the institution.
Increasing awareness - Voters need to be made
an electoral
offence.
▪
Regular updation of ‘Voters list’ and removal of bogus
voters to identify ASD (Absent, shifted and dead)
The 'First Past the Post System', needs to be changed.
-
-
voters.
Rather, a ‘minimum percentage’ of total
votes polled can be fixed for declaring a
Conclusion
candidate as the winner.
▪
This could restrict the criminals from getting
elected as not everybody in a constituency
votes on party lines.
Electoral reforms are necessary for a healthy
democracy, and for the establishment of a
responsible government.
▪
Only holding periodic elections is not enough,
reformation of Political system is needed to
strengthen the democratic foundations of India.
These reforms will help meet the larger societal
expectations from India's democracy.
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CONSTITUTIONAL BODIES
GOVERNANCE
and the process by which the decisions, are
implemented, or even not implemented”
Definition of Governance
•
The term, governance, is derived from the
Greek term, ‘kubemao’, which means 'to
steer'. So, governance is the process that
Who are the stakeholders in
Governance?
steers affairs of the State.
•
•
The concept of governance was first given by
•
is
the
key
stakeholder in Governance.
United Nations Development Programme
organs of the state are Legislature, Judiciary
(UNDP)
“the
and Executive. It also consists of different
economic, political and
authority to manage a
elected representatives, political executive,
definition of governance-
mechanisms, processes and institutions,
through which citizens and groups articulate
their interests, exercise their legal rights, meet
their obligations and mediate their
levels
•
method through which power is exercised in
the management of a country’s political,
economic
and
social
resources
for
development”.
Thus, Governance in simple terms can be
described as “the process of decision making,
The market- It includes the private sector
that is key in running the economy of a
country. It includes business firms ranging
from large corporate houses to small scale
differences.”
World Bank’s definition of governance- “the
The different
bureaucracy/civil servants, etc at different
country’s affairs at all levels. It comprises the
•
Government
Plato.
exercise of
administrative
•
Government-
industries/establishments.
•
The
Civil
Governmental
Society-It
includes
Organizations
Non(NGOs),
Voluntary
Organizations,
organisations/
associations, trade unions,
religious groups, pressure groups etc.
media
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CONSTITUTIONAL BODIES
‘internally’ and in their interaction with ‘other
Measures of Governance
•
institutions’.
The World Bank has identified 6 dimensions to
measure governance. These are
1. Voice and accountability
2. Political stability and
Absence
•
violence/terrorism
•
•
•
•
Democratic Governance: In this system of
governance institutions function according to
democratic processes and norms, both
E-Governance: E - Governance is a holistic
as a whole.
•
Although the results vary, the attempts to
achieve good governance have resulted in
tremendous improvements in the process of
governance
Types of Governance
Governance:
concept that defines and assesses the impact
that information and communication
technology has on ‘government practices’ and
relations between ‘government’ and ‘society’
There have been many attempts by various
countries and international organizations to
attain good governance in its totality.
Financial
‘social’ progress.
these dimensions.
•
and
‘Economic governance’ refers to the system of
institutions and procedures established to
achieve the objectives of a state in the
economic field, namely the coordination of
economic policies to promote ‘economic’ and
of
3. Effectiveness of government
4. Regulatory quality
5. Rule of law
6. Control of corruption
Countries are categorized and ranked on the
parameters of good governance based on
Economic
Corporate
Governance:
governance’
is the
system
‘Corporate
by
which
companies are directed and controlled.
‘Boards of directors’ are responsible for the
governance of their companies.
•
Environmental Governance: ‘Environmental
governance’ refers to all processes, rules,
practices, and institutions that contribute to
the
‘protection’,
‘management’,
‘conservation’,
and
‘exploitation’
of
biodiversity, ecosystem, and mineral
resources in a way that they reconcile with
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‘sustainable
reduction’.
development’
CONSTITUTIONAL BODIES
and
‘poverty
Various aspects of Governance
agencies, and for performing government
administration activities.”
E-GOVERNANCE
What is E-governance?
•
The information age has reset the
fundamentals
and
transformed
the
institutions and mechanisms of ‘service
delivery’. The concept of electronic
governance, popularly called E - governance,
is a by – product of this transformation.
•
E-governance is the application of ICT
(Information,
communication
and
technology) to increase access to and delivery
of public services.
•
In other words, e-governance is the public
sector’s use of ICTs with the aim to improve
•
According to UNESCO, “E - Governance may
be understood as the performance of
governance via the electronic medium in
order to facilitate an ‘efficient’, ‘speedy’ and
‘transparent’ process of disseminating
information to the public, and other
‘information’
and
‘service
delivery’,
encourage ‘citizen participation’ in decisionmaking and make government more
‘accountable’, ‘transparent’ and ‘efficient’.
Thus, it is a tool to deliver good governance to
the people.
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CONSTITUTIONAL BODIES
SMART
•
In essence, E - governance is the application of
ICT in government functioning to bring in
governance
implying:
‘simple’,
‘moral’, ‘accountable’, ‘responsive’
‘transparent’ governance
and
E-Governance is a SMART Governance
•
•
•
•
•
Simple- meaning simplification of rules, regulations and processes of government through the use
of ICTs and thereby providing for a ‘user-friendly’ government
Moral - connoting emergence of an entirely new system of ethical values in the ‘political’ and
‘administrative’ machinery. Technology interventions improve the efficiency of anti - corruption
agencies, police, judiciary, etc.
Accountable - facilitating design, development and implementation of effective Management
Information System and performance measurement mechanisms and thereby ensuring
accountability of public service functionaries.
Responsive - streamlining the processes to speed up service delivery and make the system more
responsive.
Transparent - bringing information hitherto confined in the government documents to the public
domain and making processes and functions transparent, which in turn would bring equity and rule
of law in responses of the administrative agencies.
Interactions in e-Governance
•
There are 4 kinds of interactions in egovernance which are given below
cost of doing business for both vendors and
government. Also, MCA21 portal which aims
to provide electronic services to the Companies
registered under the Companies Act.
1. G2C (Government to Citizens): This model of
3. G2G (Government to Government): This
e-governance refers to the government
kind of interaction can be between various
departments
and
agencies
within
government or between two governments
like the ‘union’ and ‘state’ governments or
between state governments. E.g.- Khajane
services which are shared by the citizens. E.g.
Computerization of land records,
Centralised Public Grievance Redress and
Monitoring System (CPGRAMS) is the best
example of this model which is an online
platform available to the citizens 24x7 to
lodge their grievances to the public
authorities on any subject related to service
delivery.
2. G2B (Government to Business): Through
this
model,
communication
and
coordination between the ‘private sector’
and ‘government’ strengthens. They share
information through this model. E.g. EProcurement Project to reduce the time and
(Karnataka) for efficient management of
state finances.
4. G2E (Government to Employees): This
model increases the transparency between
government and its employees and thus
strengthens their relationship. It is certainly
needed to improve the bureaucracy's dayto-day
functions
employees.
G2E
and
dealing
solution
is
with
about
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empowering their own employees to assist
citizens in the fastest and most appropriate
CONSTITUTIONAL BODIES
•
➢ What matters the most to the citizens is the
efficiency of the services being provided to
them.
way, speed-up administrative processes,
and optimize governmental solutions.
➢ The processing of paper-work in a traditional
Advantages of e - Governance
•
government system is a difficult task which
consumes a lot of resources, time spent on
paper-work does not create much value for
Speed: Technology makes communication
swifter. Internet, smart-phones have enabled
citizens.
instant transmission of high volumes of data
all over the world.
•
➢ By the establishment of a centralized point
of communication through e-governance,
government can achieve high operational
efficiency.
Inclusive government: E-Governance helps in
building trust between ‘governments’ and
‘citizens’, an essential factor in ‘good
governance’ by using
internet-based
•
transparent.
➢ All the information of the government
would be made available on the internet.
Easy implementation:
➢ The citizens can see the information
whenever they want to see.
➢ With e-governance paper work has been
reduced and made simple.
➢ But this is only possible when every piece of
information (except those dealing with
security and other sensitive issues) of the
government is uploaded on the internet and
is available for the public for use.
➢ It facilitates sharing of information and ideas
between all government agencies and
departments to build one mega database.
➢ Getting the government decisions and
policies across to the citizens is easy as well,
since e-governance gives every citizen
access to information.
•
Transparency:
➢ Use of Information and Communication
Technology (ICT) makes governing process
strategies to involve citizens in the policy
process, illustrating government transparency
and accountability
•
High operational efficiency:
Reduces costs of running a government:
➢ E-Governance is very cost effective. Most of
the
government
expenditure
is
appropriated towards the cost of stationery.
➢ Paper-based communication requires lots of
stationery, printers, computers, etc. which
calls for continuous heavy expenditure.
➢ Internet and phones make communication
economical.
•
Accountability:
➢ Once the governing process is made
transparent
the
government
is
automatically made accountable.
➢ Accountability is answerability of the
government to the people. It is the
answerability for the deeds of the
government. An accountable government is
a responsible government
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CONSTITUTIONAL BODIES
➢ In India major portion of the population is
below poverty line.
Limitations of e- Governance
•
➢ To introduce something that involves high
cost is one of the prohibiting factors that
come across e-governance.
Lack of Literacy and Knowledge: Literacy in
India is a key for social-economic progress,
and the literacy rate is currently 74.04%. This
literacy rate is the reason that acts as a
challenging task for the government to
implement e-governance in the country.
•
•
part of India is far away from the basic
necessities of life. Some parts of Uttar
India is the second most unequal country in
the world with the top 1% of the population
Pradesh,
Bihar,
Jharkhand,
Odisha,
Chhattisgarh, West Bengal, Madhya Pradesh,
Maharashtra and many parts of the eastern
states echo an association with poverty,
starvation and deprivation. The connectivity
owing nearly 60% of the total wealth.
of e-governance to these areas is the
Inequality of Income:
➢ Inequality of Income plays an important role
in proving as a challenge of e-governance.
➢ This imbalance of income acts as a major
challenge for the government because there
is still a very large part of the whole
population that cannot even afford to spend
money on satisfying their hunger, then how
can we expect them to go digital.
•
challenging task for the government.
•
services.
Also, ‘gender divide’ and ‘rural-urban divide’
in accessibility to digital services pose a
serious challenge.
Resistance to Change:
➢ There are people in the country who will
welcome the implementation of egovernance, while on the other hand some
would like to continue in the way the system
had been working.
•
Digital divide : Currently, there are around 40
crore feature phone subscribers who have
only a limited access to the e-governance
➢ The Indian population is a bunch of
diversified cultures and emotions that do
not always go in the same direction.
•
Connectivity to backward areas: A very large
E-Governance Initiatives in India
•
Government of India is working very carefully
and with a full-fledged plan so that there is not
Reliability of web: To build up trust on
much problem while converting this red taped
economy into a digitalized one. The recent
something that is virtual, will come up as a
challenge. The vulnerability to cyber-crimes
initiatives undertaken by the Government are:
o Direct
Cash
transfer:
To
facilitate
raises the question of privacy issues in the
mind of the public, especially in the absence
of a data protection law in India.
disbursements of government entitlements
like NREGA, Social security pension,
handicapped Old Age Pension, etc. of any
Higher Investments:
Central or State government bodies, using
Aadhaar and authentication thereof as
supported by UIDAI
➢ According to the data collected, India is
spending about 3% of GDP on
implementation of e-governance projects.
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CONSTITUTIONAL BODIES
o Aadhaar Enabled Payment System (AEPS):
AEPS is a bank led model which allows online
interoperable financial inclusion transaction
at PoS
(MicroATM) through business
correspondent of any bank using the
Aadhaar Authentication.
the use of mobile phones and computers in
rural areas. It will also expand the use of IT
in agriculture and retail trade too.
o E-Biz: Its vision is to “transform the business
environment in the country by providing
efficient, convenient, transparent and
integrated electronic services to investors,
industries and business throughout the
business life cycle”
o Digital India Program: This program had
been envisaged by Department of
Electronics and Information Technology
(DEITY). The vision of Digital India aims to
o E-Courts: It aims to re-engineer processes
transform the country into a digitally
empowered economy.
and enhance judicial productivity both
quantitatively and qualitatively to make the
justice
delivery
system
affordable,
accessible, cost effective, transparent and
accountable
o MyGov citizen portal: Prime Minister
launched an online platform mygov.nic.in to
engage citizens in the task of “good
Some other initiatives
governance”. It is a technology driven
platform that would provide people with the
opportunity to contribute towards good
governance.
o E-Kranti Scheme: This project aims at linking
the internet with remote village in the
country. The fundamental feature of this
scheme will be making the records handy to
the government with ease. It will also boost
•
•
•
•
•
•
National e-Governance Plan (NeGP),
comprising of 31 Mission Mode Projects
and 8 components,
State Data Centres (SDCs),
State Wide Area Networks (S.W.A.N),
Common Services Centres (CSCs)
State e-Governance Service Delivery
Gateway (SSDG)
Mobile e-Governance Service Delivery
Gateway (MSDG)
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CONSTITUTIONAL BODIES
Critical conditions for the success of
o Public-Private Partnership: It is a fact that
e-Governance
•
India needs huge amount of funds for the
There are few conditions which is absolutely
necessary for the effective implementation of
implementation of e-Governance projects.
e-governance in India which are discussed
amount
below:
encouraging private investment will lead to
The governments do not have such a huge
higher
o Infrastructure: It is essentially required for
of
funds.
penetration
In
of
this
regard,
e-governance
projects.
implementation of e-governance as much
as possible in India. Lack of accessibility to
Electricity, internet and poor adaptability of
technology will impact the progress of egovernance.
for e-governance projects should be such
that it should facilitate the implementation
of e-governance projects in hassle free
o Privacy and Security: It is one of the critical
challenges of e-governance.
o Policy Framework: The policy framework
Financial
manner.
o Political Will: it is the most important factor
services, medical services and personal
information are to be protected with
security, and then only, there will be a
for the success of e-governance projects. It
number of people trusting of it. Therefore,
e.g. digital India scheme by Modi Govt. has
implementation of e-governance projects
led to the launching of various projects
which have made a difference to the life of
must have security standard and protocols
for safeguarding the interest of all classes of
masses; otherwise, citizens will lose trust
is the political will which brings change. For
people.
and confidentiality of e-governance.
o Need of Skilled Manpower:
India is
working hard towards creating better
o Cost: One of the difficult tasks of the govt.
technicians day by day. But still, there is a
is to spend on implementation of e-
lack of skilled and experienced technicians
in the country who can advise the
governance initiatives to which govt. has to
bear huge costs. India spends only 3% of
government on technical grounds. Such
Govt.
technicians will help the government to
make a better decision while opting for the
should motivate the officials, administrators
most efficient system for implementing e-
GDP on e-governance projects.
and common people using services of egovernance subject to conscious use of
public finance on these types of projects.
governance.
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CONSTITUTIONAL BODIES
o Role of Civil Society: It is not only the duty
•
of government but also of civil society to
impart awareness in public about the
Investment: Government should encourage
technology rich countries and companies to
invest in the Indian economy.
benefits of e-governance, which could bring
change in the way of administration.
•
Way forward
•
ICT illiteracy:
of any country’s development.
Awareness programs:
The government
should launch various awareness programs,
which will help people to know the benefits
of E-governance and will motivate them to
accept the change
So, the
government should work on improving ICT
infrastructure by providing Electricity and
good Internet connection
Government should adopt
various other effective projects and initiatives
to eradicate ICT illiteracy and emphasize on
the need of digitalization
•
Infrastructure: Infrastructure is a crucial part
•
Trust: It is important for the government to
create a trust factor among the citizens by
being consistent in taking feedback and
undertaking corrective actions for the
deviations.
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CONSTITUTIONAL BODIES
SELF HELP GROUP (SHG)
Introduction
•
•
Background:
Self-help groups (SHG) are ‘informal’,
‘voluntary’ associations of people whose aim
is to improve their living conditions. They
usually include members from similar ‘social’
and ‘economic’ background who come
together to save small sums of money on a
regular basis. Resource pooling among
members helps bring financial stability as in
times of emergency or need members can
withdraw from such resources. They are
generally ‘self – governed’ and ‘peer controlled’ i.e. group members use ‘collective
wisdom’ and ‘peer pressure’ to ensure proper
use of credit and timely payments. The best
example for Self - help group in India is the
Kudumbashree project which was started in
1998, as a community organization of
neighbourhood groups of women in Kerela. It
has become the largest women-empowering
project in India.
In India, villages face numerous problems such
as poverty, illiteracy, lack of skills, lack of
formal credit etc. These problems cannot be
tackled at an individual level and need
collective efforts. Thus SHG (Self - help groups)
can become a vehicle of change for the poor
and marginalized.
•
•
•
•
Economic
Development
•
•
1972 - The Genesis of SHG in India can be
traced
to formation of
‘Self-Employed
Women’s Association (SEWA’) in 1972 by Ela
Bhatt a Gandhian and civil rights leader. SEWA
promotes the right of low – income,
independently employed female workers.
•
1992 - The SHG Bank Linkage Project launched
by NABARD in 1992. It started as a pilot to link
around 500 SHGs of poor to the formal
financial institutions during the year 1992-93
but later went on to become the largest
microfinance programme in the world.
•
1993 - NABARD along with RBI permitted
SHGs to have a savings account in banks from
the year of 1993. This action gave a
considerable boost to the SHG movement. .
•
1999 – In 1999, Government of India (GoI) with
the intention of promoting self-employment in
rural areas started the ‘’Swarn Jayanti Gram
Swarozgar Yojana’’. It provided for formation
and skilling of self - help groups. This later
evolved into the National Rural Livelihoods
Mission (NRLM) in 2011
To promote savings and help them learn financial
management skills.
To improve access to ‘credit’ services.
To improve ‘living standards’.
To reduce vulnerability to ‘poverty’ in times of
crisis (sickness, death etc)
To further ‘economic self-reliance’.
Objective of SHGs
•
•
•
•
To encourage cooperation among community.
To provide a forum for the sharing of ‘ideas’ and
‘knowledge’.
To provide support for members in difficulty.
To aid the community in identifying and resolving
their own problems.
Social
Development
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Concept of SHG is based on the following
parameters:
1. Management of financial services through
participation is more responsive and efficient;
2. The poor and marginalised along with credit
support also require a better understanding of
savings and other services;
3. Formation of self – help groups helps in
achieving wider outreach, lowers transaction
costs and lower risk costs for the banks;
4. Democratic system of functioning helps in
achieving cohesiveness and participation in the
community.
5. Loans can be given on trust without any
documentation and security, it will help those
who are outside the formal financial framework.
CONSTITUTIONAL BODIES
Maharashtra have played an exceptional role in
empowering the women in the region.
Benefits of SHG (Self help group)
•
form of group meetings is one of the fundamental
benefits of self-help groups. Meetings are held at
fixed intervals of time.
•
•
Capacity building of ‘poor’ and ‘marginalized’ in
the
field
of
employment
and income
generating activities.
•
Lending within the group i.e offer collateral free
loans to sections of people who cannot or do not
have access to the formal financial institutions.
•
Encourage the habit of savings among the poor
which will act as a form of social security in case of
emergency.
•
•
Resolve conflicts via mutual discussions and
collective leadership. SHG also act a forum where
individuals can discuss their problems and come
up with a solution using collective wisdom.
Delivery of microfinance services - Self-Help
Groups have emerged as the most effective
mechanism
for delivery of
microfinance
services to the poor. They work as a collective
guarantee system for members who propose to
borrow from organised sources
Thus, the major benefit of Self – help group have been in
‘empowering the disempowered’ i.e. the marginalized
section (poor, women etc.). It provides access to credit,
a forum for holding discussions and coming up with
collective solution, resolution of conflicts etc. Various
Self - help groups such as Kudumbashree in Kerala,
Mahila Aarthik Vikas Mahamandal (MAVIM) in
Regular Savings: All group members contribute
regularly to the group savings account.
•
Trust in one’s Self and among members in the
group: All the group members have trust in the
group and have sense of belongingness for the
group.
6. Create a common fund by contributing small
savings on a regular basis.
Major Functions of a SHG
Interaction / Meetings / Reflection / Analysis and
Action: Interaction among the group members in the
•
Consensus: Since the members have trust among
themselves most of the decisions are taken through
consensus.
•
Records: All the SHG’s have proper records
regarding the number of members, amount
deposited by each member, time of holding
meetings etc.
•
Access to Funds: All group members have easy and
free access to funds of the group which helps in
ruling out any fraudulent activity.
•
Management of Resources: All the resources of
these groups are managed with equal participation
of all the members. Whole of the group functions as
one team with common goals.
Role of Self Help Group
•
Empowering an Individual - An economically poor
individual gains strength as part of a group.
•
Financial inclusion: Priority Sector Lending norms
and assurance of returns incentivize banks to lend
to SHGs. The SHG-Bank linkage programme
pioneered by NABARD has made access to credit
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easier and reduced the dependence on traditional
money lenders and other non-institutional sources.
•
•
Social integrity: Collective efforts of the Self-help
groups can help in eradicating social evils like
dowry, alcoholism, child marriage etc.
Gender Equality: SHGs empowers women by
providing necessary skill-based training, access to
credit etc. Various case studies have talked about
the ‘multiplier effect’ Self - help groups have in
improving women’s status. It is also seen as a forum
where women can talk about their problems and
find solution for them.
Issues related to self-help groups in India:
CONSTITUTIONAL BODIES
•
Improves Banking literacy: It encourages its
members to save and act as an intermediate
between its members and the bank. It helps its
members in documentation and availing the bank
credit.
•
Improve Efficiency in Government Schemes:
Formation of the SHGs has driven the efficiency of
government schemes and has played a role in
reducing corruption through social audits.
•
Alternative Employment: SHGs reduce dependency
of women on agriculture and support them in
setting up micro enterprises. Eg. tailoring, boutique
etc.
-
No dedicated machinery to provide incubation
and support to SHGs, capacity building and other
Institutional challenges:
•
-
Limited access to credit and refinance of SHGs
through banks
•
necessary inputs at a desired scale.
by majority of SHGs
-
High Interest rates - Micro Finance Institutions
(MFI) collect interest rates to the tune of 30 –
40 % from SHGs.
•
One size fits all - The differential needs of states
and their diverse culture is not taken into
•
Other issues exist such regional imbalance in
distribution of SHGs, rural - orientation and sole
focus on agricultural business.
Operational and Financial Management challenges:
•
Non literate members, lack of proper guidelines,
account, resulting into satisfactory performance
irregular
of the model in south, while their failure in
records, etc.
northern states
•
Lack of awareness of the government schemes
Corruption - Failure to develop proper audit
attendance,
non-maintenance
of
greatly hampers operational
management of SHGs
•
Inadequate
account
keeping
skills,
mechanism has resulted into various instances
misappropriation of funds by members etc,
where widespread corruption has occured.
adversely impacts financial management of
Loan waivers and associated concern - Political
promises of loan waivers for the Women SHG
has led to their default on loan payment, which
has created mistrust between the Banks and
SHGs.
SHGs
•
Lack
of
facilities,
entrepreneurial
difficulty
in
skills,
marketing
implementation
of
technology etc. affects viability and scale of
SHG’s operations
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•
CONSTITUTIONAL BODIES
•
A deeply patriarchal society hinders the
mobility of women in SHGs.
•
advantage of economies of scale. For example,
Most women leave the groups after
marriage, shift in location, family
responsibilities etc. hence there is no
raw material is less costly when purchased in
continuity in their workings.
Low income generation due to petty trading or
agricultural activities.
•
SHGs are small in scale therefore they lose
market to larger enterprises which have the
bulk.
•
Initiatives of the government:
There are also concerns regarding the increased
•
NPA of the loans given to the SHGs in the
•
the
major
component
of
Rural Livelihoods Mission (DAY-NRLM)
Many of the times, SHGs have to borrow money
from informal sources.
for providing credit and subsidy to create
income generating assets, especially for
women, SC, ST, Minorities etc. SHG-2
There is lack of training and monitoring support
to individual SHGs.
initiative of NABARD – It aims to provide for
flexible loans to SHGs. Added to this,
Social challenges:
•
are
Deendayal Antyodaya Yojana - National
absence of economically viable businesses.
•
SHGs
•
Women SHGs Development Fund was set
up by Department of financial services. It has
Domination by the elite among the rural
been created to promote Women SHGs
poor and caste based discrimination often
(WSHGs) in backwards & LWE districts of
leads to alienation of the poor (real)
India.
beneficiaries.
•
Lack of ‘homogeneity’ or ‘affinity’ among
the members has at times adversely
impacted the functioning of SHGs.
Recommendations to improve the SHG
•
Government, Big corporates through CSR (i.e.
corporate social responsibility) should create an
enabling environment for growth of Self – help
movement.
•
The SHGs should be actively promoted in ‘semi –
urban’ and ‘urban areas’. At present the growth of
SHG is mainly taking place in the ‘rural regions’ there
is a need to extend them to ‘urban areas’ as well.
This is because ‘rapid urbanisation’ has led to growth
of the phenomenon of urban poor who have
remained marginalised despite the rapid
development in the urban areas.
•
Special steps should be taken for training / capacity
building of government functionaries so that they
develop a positive attitude and treat the poor and
marginalized as viable and responsible customers
and as possible entrepreneurs.
•
Rapid expansion
of
financial
infrastructure (including that of NABARD) and by
adopting extensive IT enabled communication and
capacity building measures in these States
•
Frequent awareness camps should be conducted.
•
Effective monitoring mechanism to prevent the
discrimination of members based on caste, religion
or political affiliations.
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CONSTITUTIONAL BODIES
MICROFINANCE INSTITUTION
•
Microfinance is a form of financial service which
provides ‘small loans’ and other ‘financial service’ to
poor and low-income households who do not have
access to any banking facilities.
•
It is an economic tool designed to promote ‘financial
inclusion’ which enables the poor and low-income
households to come out of poverty, increase their
income levels and improve overall living standards.
•
A Microfinance Loan is a collateral-free loan given to
a household having annual income of up to Rs. 3 lakh.
For this purpose, the household shall mean an
individual family unit, i.e., husband, wife and their
unmarried children
•
Nobel Laureate Muhammad Yunus is credited with
laying the foundation of the modern MFIs with
establishment of Grameen Bank, Bangladesh in
1976.
•
Microfinance can also facilitate achievement of
national policies that target poverty reduction,
women empowerment, assistance to vulnerable
groups and improvement in the standards of living.
Salient features of Micro – finance institutions
The salient features of microfinance include :
1. Loan borrowers are from ‘low - income
groups’
2. Loans are of a very small amount –
microloans
3. Loans are offered for a short duration
4. These are collateral - free loans
5. High frequency of repayment
6. Loans are generally taken with the purpose
of Income - generation.
Groups Organized by Microfinance Institutions in India
•
•
Joint Liability Group (JLG)
•
This is usually an informal group that consists of 4-10 individuals who seek loans against mutual guarantee.
•
The loans are usually taken for agricultural purposes or associated activities.
•
Farmers, rural workers, and tenants fall into this category of borrowers.
Self Help Group (SHG)
•
It is a group of individuals with similar socio-economic backgrounds.
•
These small entrepreneurs come together for a short duration and create a common fund for their
business needs.
•
Several banks have had tie-ups with SHGs with a vision to improve financial inclusion in the rural parts of
the country.
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•
•
CONSTITUTIONAL BODIES
The NABARD SHG linkage programme is noteworthy in this regard, as several Self Help Groups are able to
borrow money from banks if they are able to present a track record of diligent repayments.
Grameen Model Bank
•
The primary motive of this system is the end-to-end development of the rural economy.
•
However, in India, SHGs have been more successful as MFIs when compared to Grameen Banks.
•
Rural Cooperatives
•
The resources of poor people were pooled in and financial services were provided from this fund.
•
However, this system had complex monitoring structures and was beneficial only to the creditworthy
borrowers in rural India.
•
Cooperative societies are playing significant role in this and share a major credit in the growth of rural sector.
Joint Liability Groups and SHG- Bank linkage Programme are the 2 main channels through which microfinance
operates in India.
Providing financial service to the underserved section of the society
Mobilize ‘self-employment’ opportunities for the underprivileged.
Empowering ‘rural people’ by training them in simple skills.
Goals of MFI’s
in India
Setting up ‘income generation’ businesses for the people
Offer support to the ‘lower sections’ of the society.
Evaluate the options available to help ‘eradicate poverty’ at a faster rate.
Microfinance institutions issues
•
Inadequate data: The overall loan account have
indeed been increasing, however, their impact on
the economic status of the people is not well
documented.
•
Over-indebtedness: The growing trend of multiple
borrowing by clients and inefficient risk
management are some of the most significant
factors that stress the microfinance industry in India.
This was the reason for Microfinance crisis in India in
2008.
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•
CONSTITUTIONAL BODIES
charge a very high rate of interest (12-30%) when
difficult challenge of educating the public and
gaining their trust before selling their products. It
compared to commercial banks (8-12%), due to
makes it difficult for MFIs to work in rural areas.
Higher interest rate: Most Microfinance Institutions
which the financial success of MFIs is limited when
compared to commercial banks in India.
•
Dependence on banks: Most of the microfinance
institutions are registered as Non-Governmental
Organizations (NGOs), and depend on the formal
banks like the commercial banks for stable funding.
Banks account for over 80% of their funds. The
majority of these are private banks charge high-
Way forward:
•
•
•
interest rates and have shorter lending terms.
•
Loans for non-income generating purpose: The
proportion of loans utilized for non-income
•
generating purposes could be much higher than
what is mandated by the RBI, which is 30% of the
total MFI loans.
•
•
•
Geographic Factors make it difficult to communicate
with clients of far-flung areas, this creates a problem
in ‘growth’ and ‘expansion’ of the organization.
Lack of financial services awareness- Due to low
literacy among people in rural areas, MFIs have the
•
Provide Interest rate transparency
Opening more branches in the rural areas.
MFIs should provide a comprehensive range of
products, including credit, savings, remittance,
financial advice, and so on, to help consumers
transition away from commercial banks.
MFIs should use new technologies, IT tools, and
applications to reduce operational costs.
Microfinance institutions should be encouraged
to reduce their operating expenses by using
cost-cutting methods
MFIs may look for additional funding sources for
their loan portfolio.
In addition to proper regulation of the
microfinance sector, field visits can be used to
monitor conditions on the ground and, if
necessary, take corrective action.
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CONSTITUTIONAL BODIES
PRESSURE GROUP
A pressure group is an organized group which works to
either secure certain interest for its members or
support a cause, by influencing public opinion or
government policies.
Unlike political parties, pressure groups seek to
influence the government policies from outside and do
not aim directly to control or share political powers for
example All India Trade union congress, Bhartiya kisan
union etc.
These groups are ‘formally organized’.
They consist of professionally employed persons.
Institutional
Interest Groups
They are a part of government machinery
These include political parties, legislatures, bureaucracies
example- IAS Association, IPS association
These are organised specialised groups
Associational
Interest Groups
Pursue limited goals
Types of
These include trade unions, industrialists and civic groups.
Pressure
Example- AITUC, ASSOCHAM
Groups
These are the kinship and lineage groups
Articulate interests on the basis of individuals, family and
religious heads.
Non-Associational
Interest Groups
These include caste groups, language groups, etc.
The anomic pressure group means a group that makes
sudden breakthroughs into the politics from specific
instances like riots, demonstrations, assassinations.
Anomic Interest
Groups
Example- Naxalite groups, J&K Liberation Front
E
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CONSTITUTIONAL BODIES
Pressure Groups in India: Pressure groups are of various types:
Trade Unions
AITUC, Bharatiya Mazdoor Sangh etc.
Business and Industry
ASSOCHAM, SIAM, FICCI etc.
Agrarian Groups
All India Kisan Union, Bhartiya Kisan Sangh etc.
Linguistic groups
Tamil Sangh, Hindi Vikas Mandal etc.
Tribal Groups
National Socialist Council of Nagaland (NSCN), Tribal National
Volunteers (TNU) in Tripura
Caste Groups
Harijan Sevak Sangh, Kayastha Sabha etc
Akhil Bharatiya Vidyarthi Parishad(affiliated to BJP), National
Student’s Organisations
Professional associations
Religious Organizations
Students Union of India (Affiliated to Congress) etc.
Bar Council of India, Indian Medical Association
Rashtriya Swayamsevak Sangh(RSS), Vishwa Hindu Parishad
Techniques Used by Pressure Groups
▪
are initially favourably disposed toward them or not,
to adopt and enforce the policies that they think will
prove most beneficial to their interests.
Pressure groups resort to different techniques for
securing their purposes.
▪
Electioneering: Placing in public office persons who
are favourably disposed towards the interests,
which the concerned pressure group seeks to
promote.
Lobbying: Persuading public officers, whether they
▪
Propagandizing: Influencing ‘public opinion’ and
thereby gaining an indirect influence over
government, since the government in a democracy
is substantially affected by public opinion.
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CONSTITUTIONAL BODIES
Working of the Pressure Group:
Enhances and broadens political
participation
Spreads awareness – Information – Education
– Communication (IEC)
Forum through which individuals can
express their grievances
influence decision makers through lobbying.
Empowerment and deepening of the
democratic principles
Helps in policy formulation, legislative
functioning and policy implementation.
Positive role of Pressure groups:
•
street children, Dalits etc.
India
Against
Corruption
(IAC)
created
consciousness about corruption
Voice to marginalized and vulnerable: Pressure
groups have an important role in enriching the
democracy as they give voice to different opinions
and sections of society, especially the neglected and
vulnerable sections. Eg. LGBT, women, disabled,
•
eg,
•
Policy formulation – Pressure groups are vital source
of information and advice to the government and
are regularly consulted on key policy matters. Eg.
SEWA, CII, MKSS, FICCI, SIAM etc.
•
Political participation: They allow opportunity to
Facilitates social development- Pressure groups
enable new concerns and issues to reach the
political agenda, thereby facilitating social progress
and preventing social stagnation. For example, the
large number of people to participate in politics, on
a continuous basis, without being part of any
political party. For eg. through petitions, protests,
women’s and environmentalist movements.
marches, social campaigns, public meetings, etc.
Negative Role of Pressure groups:
•
Hold Government accountable – They ensure
continuous accountability by asking for information
on different issues, highlighting administrative gaps,
underscoring grievances of people, evaluating
government policies, publishing reports, etc. For eg.
•
may be more powerful than others and have greater
resources, finances, experts, privileged links to the
government. For eg. Industry groups tend to be more
dominant than environmental groups in influencing
policy outcomes
Pratham’s ASER report on rural education
•
Source of Reforms - Pressure groups have
campaigned and have been successful in getting
new legislations passed such as Right to Education
act (2009), MGNREGA (2005), the Domestic Violence
Act (2005), the Food Security Act (2013), Sexual
Harassment of Women at Workplace Act, 2013.
•
Increase Political inequality – Some pressure groups
•
Exercise of non-legitimate power – Pressure groups
are not popularly elected and are not accountable to
people and, yet, exercise considerable influence
over the government.
•
Lack of transparency: Functioning of pressure
Association for Democratic Reforms (ADR) helped in
groups is not transparent. They also lack internal
bringing electoral reforms in India.
democracy in their functioning and may not be
representative of all the members.
Public awareness – They create public awareness
regarding various government initiatives and
safeguard people’s rights through political debates,
discussion, research publications, editorials, etc. For
•
Vested interests: Sometimes, pressure groups are
guided by ulterior motives, adversely impacting
public and national interests. For Eg., Anti-
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•
Kudankulam nuclear plant protests impacting the
developmental agenda
become a tool in the hands of Political class. For eg.
Divisive tendencies - Some pressure groups like
caste, religion or language based groups have led to
ethnic strife in different parts of country for eg. ‘son
Despite the criticism, pressure groups are potent tool for
democratic expression, advancement, and betterment
of people. Various steps can be initiated to overcome the
of the soil’ movement promoting regionalism, gau-
limitations of their functioning, such as, better
regulation and monitoring, regular financial audit,
transparent disclosure norms, bringing suitable
legislation and guidelines for formation and operation of
Pressure Groups etc.
rakshak brigade etc.
•
CONSTITUTIONAL BODIES
Political nexus – Instead of pressure groups
influencing political decision, they themselves
Groups demanding reservations, religious groups
NON-GOVERNMENTAL ORGANIZATION (NGO)
•
The World Bank defines NGOs as, “ private
organizations that pursue activities to relieve
suffering, promote the interests of the poor, protect
the environment, provide basic social services, or
undertake community development.”
•
An NGO is a ‘non-profit’, ‘voluntary’ citizen group
which is organized at a local, national or
international level. These organizations provide
variety of services, humanitarian aid etc. They bring
citizen’s concerns to the Government, advocate and
monitors ‘government policies’, encourages
‘political
participation’
through
providing
information etc.
Classification of NGOs:
On the basis of their work
-
Service-Oriented NGOs,
Charity Oriented NGOs,
Empowerment Oriented NGOs
and
Participation Oriented NGOs.
On the basis of the level of operation
-
Community Based Organizations,
City Level Organizations,
National Level NGOs, and
International Level NGOs.
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CONSTITUTIONAL BODIES
Roles and functions of NGO’s in the development:
Enhancing the performance of the government
Capacity Building
Role and
Ensuring community participation
Function of
NGOs
The Social safety Role
Human Rights Protection
Environmental awareness
•
Enhancing the performance of the government:
•
NGOs help in ensuring the responsiveness and
accountability of the government to the citizens.
important role in bringing social change and
development. NGOs play a vital role in mobilizing
‘public attention’ to societal problems and needs.
NGOs also help in providing suggestions and their
expertise in matters related to policy-making of
They play an important role in educating and
motivating people to fight for their rights.
Government. Example- NGO Paratham on education
reforms.
They also help in improving the efficiency of delivery
of many services at the local level with the help of
residents. Also, creates awareness about
NGOs also act as the platform through which
communities give voice to their concerns.
•
Capacity Building: They can provide education,
training and information for free to people who
cannot afford it. The NGOs actively work for
promoting education, particularly among weaker
sections of the population.
•
International
•
freedom. For example- SPIC MACAY is a society for
promoting Indian classical music and culture
amongst youth.
Environmental Awareness: Thousands of voluntary
organisations work to awaken people and
governments against environmental degradation
and depletion of resources e.g. Vanashakti NGO.
Ensuring community Participation: NGOs encourage
the participation of disadvantaged communities and
help in preserving the culture of diverse
communities. They foster pluralism, diversity and
Human Rights Protection: The recognition of the
rights
of
homosexuals
and
transgender
people,issues related to bodily integrity, Excesses of
police brutality are some of the areas highlighted by
the NGOs periodically. Example- Amnesty
government schemes to the people.
•
The Social Safety Role: NGOs have played an
•
Conflict Resolution - In international arena, Track 2
diplomacy (involving non-governmental bodies)
plays a crucial role in creating an environment of
trust and confidence.
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CONSTITUTIONAL BODIES
Foreign Funding and NGO’s
The Issue:
•
The government alleges that foreign-funded NGOs threaten ‘national security’ and International NGOs serve
the vested interests of the foreign government and hinders the national developmet progress. Example- AntiKundankulam nuclear power plant protests.
•
Foreign Funding Regulations in India:
Foreign Contribution Regulation Act (FCRA):
•
The Foreign Contribution (Regulation) Act, 2010 (the FCRA) regulate the receipt and usage of foreign
contribution by non-governmental organizations (NGOs) in the country.
•
The Act was enacted with the primary purpose of regulating the inflow of foreign contributions and ensuring
that the received foreign contributions are not utilized for purposes other than those specified under the
legislation.
•
All charitable organizations in India receiving foreign contributions come under the purview of this Act .
•
In 2015, the government introduced changes in Foreign Contribution Regulation Rules (FCRA), 2015,
empowering the government to obtain instant details about the accounts of the NGOs in which the foreign
funds were being received or transferred.
Recent changes introduced by the Foreign Contribution (Regulation) Amendment Bill, 2020 –
State Bank of India Accounts Required
Previously, nonprofits receiving foreign funding under FCRA needed to create a bank account at any governmentapproved bank. Under the amended FCRA, all nonprofits must create and solely use a new account with the State
Bank of India at New Delhi. The respective branch of the State Bank of India at New Delhi is required to report
the contribution and its intended use to the central government.
Administrative Expenses Capped at 20% (instead of 50%)
Previously, nonprofits receiving foreign funding could utilize up to 50% of foreign funds in a given fiscal year on
administrative expenses. Under the amended FCRA, administrative expenses are now capped at 20% of foreign
funds received.
Nonprofits Can Forfeit FCRA Status
Currently, there is no way for nonprofits in India to voluntarily forfeit their FCRA registration. Under the amended
FCRA, there is now a means to do so but assets previously created with foreign funds may then need to be
transferred to the appropriate government arm.
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Issues and Challenges:
•
Foreign Issue: NGOs that are funded by foreign
sources are accused of organising agitations and
preventing developmental projects in India.
•
Money laundering: Corrupt NGOs that receive
foreign funds may serve as channels for money
laundering.
•
•
Interference: The NGOs are often seen as an
encroachment of centuries-old tradition and culture
of people, leading to public protests against them.
Jallikattu protests following the PIL by PETA is one
such example.
Way forward
•
A separate body should be created consisting of
Academicians, Activists, Retired Bureucrats to
ensure compliance by NGOs.
•
Better Regulation and supervision on financial
activities of NGOs. For this, There has to be a
Difficulties to get funds: Most of the NGOs have
experienced difficulties in getting enough, and
continuous funding in order to do their work. NGOs'
willingness to speak out against the government is
diluted by their dependence on government funds.
•
CONSITUTION
Excessive Regulation: Government regulations are
misused to curb voice and work of NGOs that impact
vote bank of politicians.
coordination between Ministry of Finance and
Ministry of Home Affairs to monitor
unaccounted and illicit funds.
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CONSITUTION
RIGHT TO INFORMATION (RTI)
MKSS used the ‘right to information’ as tool to draw
attention to the underpayment of daily wage earners
and farmers on government projects, and more
generally, to expose corruption in government
expenditure.
Background
▪
Right to Information Act in India has set ‘rules’ and
‘procedures’ regarding citizens' right to information.
It is responsible for expanding the ‘democratic space’
by empowering the ordinary citizen to exercise
control over the state via the ‘Right to Information’.
▪
To secure this right citizens have struggled for many
years. A massive movement was led by ‘The
Mazdoor Kisan Shakti Sangathan’ (Association for
the Empowerment of ‘Labourers’ and ‘Farmers’).
▪
The movement made waves across the nation and
led to widespread demand for a law that guarantees
the ‘right to information’ to every citizen. In response
to this, Parliament passed the law on 15 June 2005
and it came into force with effect from 12 October
2005
Evolution of RTI (Right to Information)
-
1975: Supreme Court of India rules that the people of India have a right to know.
-
1982: Supreme Court rules that the right to information is a fundamental right.
-
1985: Intervention application in the Supreme Court by environmental NGOs following the Bhopal gas
tragedy, asking for access to information relating to environmental hazards.
-
1989: Election promise by the new coalition government to bring in a transparency law.
-
1990: Government falls before the transparency law can be introduced.
-
1990: Formation of the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan and the launching of a
movement demanding village level information.
-
1996: Formation of the National Campaign for People’s Right to Information (NCPRI).
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-
CONSITUTION
1996: Draft RTI bill prepared and sent to the government by NCPRI and other groups and movements, with
the support of the Press Council of India.
-
1997: Government refers the draft bill to a committee set up under the Chairmanship of HD Shourie.
-
1997: The Shourie Committee submits its report to the government.
-
1999: A cabinet minister allows access to information in his ministry. Order reversed by PM.
-
2000: Case filed in the Supreme Court demanding the institutionalization of the RTI. ‘Shourie Committee
report’ referred to a Parliamentary Committee.
-
2001: Parliamentary Committee gives its recommendations
-
2002: Supreme Court gives ultimatum to the government regarding the right to information. Freedom of
Information Act passed in both houses of Parliament.
-
2003: Gets Presidential assent, but is never notified.
-
2004: National elections announced, and the “strengthening” of the RTI Act included in the manifesto of the
Congress Party.
-
May 2004: The Congress Party comes to power as a part of a UPA coalition government, and the UPA
formulates a “minimum common programme” which again stresses the RTI.
-
June 2004: Government sets up a National Advisory Council (NAC) under Mrs. Sonia Gandhi.
-
August 2004: NCPRI sends a draft bill to the NAC, formulated in consultation with many groups and
movements. NAC discusses and forwards a slightly modified version, with its recommendations, to the
government.
-
December 2004: RTI Bill introduced in Parliament and immediately referred to a Parliamentary Committee.
However, Bill only applicable to the central government.
-
Jan -April 2005: Bill considered by the Parliamentary Committee and the Group of Ministers and a revised Bill,
covering the central governments and the state introduced in Parliament.
-
May 2005: The RTI Bill passed by both houses of Parliament.
-
June 2005: RTI Bill gets the assent of the President of India
-
October 2005: The RTI Act comes into force.
-
2006: First abortive attempt by the government to amend the RTI Act.
-
2009: Second abortive attempt by the government to amend the RTI Act
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CONSITUTION
corruption example in 2007, data obtained under
RTI inspired citizens to question elected
representatives to stop a scam worth over Rs. 6,000
crores in the Crawford Market redevelopment issues
in Mumbai.
Significance of RTI:
▪
To maintain ‘Transparency’ and ‘Accountability’:
Right to information assists to maintain
transparency and accountability in government
work for example villagers in ‘Madhubani district’,
Bihar used RTI to expose a ‘solar-light scam’, leading
to charges against 200 corrupt officials.
▪
This, in turn, results in their well-being.
Efficient governance: RTI Act helps us in knowing the
efficiency of the government’s functioning. By
Citizen’s participation: Information under RTI can be
sought easily by requesting the ‘public officer’ and
‘assistant public officer’ in any public authority.
Beneficial for Poor: It grants the underprivileged
section of the society to seek and receive
information on government policies and actions.
▪
▪
▪
Maintenance of public record: Under RTI Act, it is
the duty of public authorities to maintain records for
easy access and to publish within 120 days the name
of the particular officers who should give the
information and in regard to the framing of the
rules, regulations etc
keeping check on their activities and stopping
Right to information act 2005:
Objective of the Act
▪
To empower the citizens
▪
To promote transparency and
accountability
▪
To contain corruption
▪
To enhance people’s
Reasons for adoption
▪
Corruption and scandals
▪
International pressure and
activism
▪
Modernization and demand
from the citizens
participation in the democratic
process.
Key features
▪
government established or constituted
—
The Act extends to the ‘whole of India’.
1. by or under the Constitution;
▪
The Act mandates the ‘Public authorities’ to
reply within 30 days.
▪
It shall apply to ‘Public Authorities’.
❖ Public authority” and it means any
authority or body or institution of self-
2. by any other law made
Parliament/State Legislature.
by
3. by notification issued or order made by
the appropriate Government, and
includes any—
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CONSITUTION
a) body owned, controlled or substantially
financed;
b) Non - Government organization substantially
financed, ‘directly’ or ‘indirectly’ by funds
provided by the appropriate Government.
▪
All citizens shall have the right to information,
subject to provisions of the Act.
▪
The Public Information Officers/Assistant Public
Information Officers will be responsible to deal
with the requests for information and also to
assist persons seeking information.
▪
Fee will be payable by the applicant depending
on the nature of information sought.
▪
Certain categories of information have been
exempted from disclosure under Section 8 and
9 of the Act.
▪
Intelligence and security agencies specified in
Schedule II to the Act have been exempted
from the ambit of the Act, subject to certain
conditions.
▪
The concept of ‘locus standi’ is not applicable in
case of RTI (Right to Information). ‘Locus standi’
refers to the ability of a party to demonstrate
to the sufficient connection to the case
Problems In RTI Implementation
Delay in disposal of appeals and complaints.
Misuse of RTI
Implementing
Issues
Untrained Public Information Officers
Low public awareness.
Huge backlogs.
Poor quality of information provided.
▪
▪
Delay in disposal of appeals and complaints –
Frequent delay is being seen in the disposal of
RTI applications for example over 58,000 cases
pending in Maharashtra. A primary reason for
the RTI Act going through a stagnation phase is
the ‘indefinite waiting periods’ at the various
Information Commissions.
Huge backlog of RTI’s (Right to Information) –
There is a huge backlog of cases a ‘Report Card
on the Performance of ‘Information
Commissions’ in India, 2018-19 ’ had stated that
in the state information commissions of ‘Andhra
Pradesh’ and ‘West Bengal’, the waiting time for
the disposal of cases was 18 years and 7.4 years
on average respectively.
▪
Misuse of RTI – Many reports of frivolous RTI
applications and also the information obtained
have been used to blackmail the government
authorities.
▪
Lack of staffing to run the ‘Information
commissions’ - Many states such as
Maharashtra, Karnataka, Uttar Pradesh, Kerala,
Telangana, Odisha and West Bengal are
functioning with less than the sanctioned
number of information commissioners.
▪
Poor record-keeping within the bureaucracy
resulting in missing files is diluting the purpose
of ‘Right to Information’.
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▪
CONSITUTION
‘Supplementary laws’ like the Whistle Blower’s
Act are being diluted, which is reducing the
efficacy of RTI law.
▪
‘Poor Literacy’ and ‘lack of awareness’ among
the majority of the population in the country
results in poor utilization of RTI for holding
public authorities accountable and ensure public
interests.
Political Parties under RTI:
Public Authority under RTI
▪
Section 2(j) of the RTI Act 2005, defines
the “Right to Information” accessible
under this Act which is held by or under the
control of any public authority.
▪
In this context, ‘Public Authority’ means any
authority or body or institution of selfgovernment established or constitutedo
o
By or under the Constitution;
By any other law made by
Parliament/State Legislature.
o
By notification issued or order made by
the appropriate Government, and
includes any-
Body owned, controlled or
substantially financed;
Non-Government
4. Political parties perform function like
government bodies. Therefore, their functioning
should come under the scrutiny of the common
people.
Argument against bringing Political parties under RTI 1. Disclosure of ‘internal functioning’ and ‘financial
information’ of political parties can hamper
their smooth functioning.
2. Political parties are not ‘established’ or
constituted by or under the constitution or by
any other law made by parliament.
3. Political Parties have apprehension that
disclosure of information under RTI act may be
misused by opposition to gain unfair advantage.
Current Status:
1. Currently, no political party has accepted the
jurisdiction of RTI Act.
2. Previously in June 2013, the ‘Central
Information Commission’ (CIC) ruled that the
‘political parties’ will come under the ambit of
public authorities.
3. To nullify this, the ‘Central government’
introduced a ‘Right to Information (Amendment)
organizations, substantially
financed, ‘directly’ or
‘indirectly’ funds provided by
Bill 2013’ which would remove political parties
from the scope of the law.
the appropriate Government.
4. A plea in the Supreme Court to bring political
parties under the ambit of the Right to
Information Act was opposed by the
Government stating that it would hinder their
smooth internal functioning. They further stated
that the hindrance of the political functioning of
a body is not the motive of the RTI.
Other issues and Concerns associated with RTI
Bringing Political parties under RTI:
Arguments in favour of bringing Political parties under
RTI 1. To ensure ‘transparency’ in funding
2. To deal with ‘crony capitalism’
3. To check contribution of ‘black money’ in
election
5. Presently, Political parties have neither
complied with the order of CIC (Central
Information commissioner) nor challenged it in
court.
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CONSITUTION
Judiciary under RTI:
The judgement:
▪
▪
The Supreme Court had stated that the office of the
Chief Justice of India (CJI) is a public authority and
The apex court held that NGOs which receive
considerable finances from the government fall
under the category of “public authority” defined in
that it will come under the ambit of the RTI Act.
Section 2(h) of the Right to Information (RTI) Act of
▪
This ruling was given by the 5-judge Constitution
Bench that was headed by the Chief Justice Ranjan
Gogoi.
▪
2005.
▪
It means that they have to disclose vital information
ranging from finances to hierarchy to decisions to
functioning, to the citizens who apply under RTI.
▪
An NGO may also include societies which are neither
owned or controlled by the government but if they
are substantially funded by the government, directly
or indirectly, they come under the RTI Act.
The Supreme Court is a “public authority” and the
office of the CJI is part of this institution. Thus, if the
top court is a public authority, so is the office of the
CJI.
▪
▪
Thus, the has paved the path for the sharing of
information on important issues like the assets of
judges.
But it should be ensured that RTI is not used as a tool
for ‘surveillance’ and that ‘judicial independence’ is
kept in mind while ensuring transparency.
NGOs under RTI:
▪
The Supreme Court gave its judgment in the ‘’D.A.V.
College Trust and Management Society Vs. Director
of Public Instructions’’ case.
Substantial Funding
▪
The supreme court said that substantial funding
does not necessarily have to mean a major
portion or more than 50%.Substantial financing
can be both direct or indirect.
▪
The court also said that if the government gives
land in a city free of cost or on heavy discount to
hospitals, educational institutions or any such
body, this could also be substantial financing.
Recently, in 2019 changes were brought to the RTI (Right
to Information) Act by the Government –
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What steps can be taken to save the spirit of Right
to Information (RTI)?
1. Reduce Pendency – Major portion of pendency
is there at the appellate level RTI applicant can
move the office of the Central Information
Commission (CIC)—for queries related to central
government—or State Information Commission.
It should be ensured that the posts of
Information commissioners are filled on a timely
basis.
2. Prune the exemption list - India has several
problems with access regime, blanket
exemptions have been put on issues related
security. Any information which is remotely
connected with national security is now flatly
denied. Section 24 of the RTI Act allows the
government to increase the list of exemptions
by an ‘executive order ‘to strengthen the RTI
Act, to strengthen RTI this should be only
allowed through the legislature.
CONSITUTION
3. Protect whistle-blowers – Increasing cases of
assault and murder of RTI activists is taking place
for example 84 RTI activists have been murdered
since 2005, 7 activists have committed suicide,
more than 350 have either faced assault or
harassment. With ‘timely’ and ‘effective’
investigation India puts in place ‘long – term
measures’ to prevent these assaults.
4. CIC as a constitutional body – CIC as a body
needs to be strengthened. We need to raise the
stature of the CIC to that of a constitutional
authority, the Constitution has to be amended,
5. Political parties under RTI - All political parties
claims to serve the public but are unanimous in
their reluctance to share information with
citizens. To increase transparency and
accountability there is an urgent need to bring
political party under RTI and ensure that they
follow their provisions.
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CONSITUTION
Citizen Charter
Availability
Citizen
Accessibility
Charter
Affordability
Transparency
Accountability
Citizen Friendliness
Components of CC
Details of ‘Grievance Redressal Mechanism’
Responsibilities of citizens in the context of charter
Details of clients and service areas it broadly covers
Remedies in the event of failure of service
Vision and mission statement of organization
Details of business transacted by the organization
Basic Concept:
▪
▪
▪
The concept was first articulated and implemented
in the United Kingdom by the Conservative
Government of ‘John Major’ in 1991.
It is an instrument that seeks to make an
organization ‘transparent’, ‘accountable’ and
‘citizen - friendly’.
It is basically a written set of commitments made by
an organization. The commitment is made regarding
the ‘standards of service’ which will be delivered in
a time bound manner. It also mentions the
remedies which will be available to the user in case
of non-compliance of standards.
▪
Also it comprises of the ‘vision’ and ‘mission’
statement of the organization, states the desired
outcomes it aims to achieve and broad strategy it
will follow to do.
Objective:
▪
To deal with solving the problems which a citizen
encounters, day in and day out, while dealing with
the organisations providing public services.
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CONSITUTION
To enhance the trust between the ‘service provider’
and its ‘users’. The basic objective of the Citizen's
Charter is to empower the citizen in relation to
public service delivery.
▪
The major goal of the citizen’s charter is to inspire
residents by ensuring that social programmes are
‘transparent’, ‘accountable’, and ‘responsive’ to
citizens’ needs.
Six Principle of Citizen Charter:
Quality
Improving the quality of services;
Choice
Providing choice wherever possible
Standards
Specify what to expect and how to act if standards are
not met
Value
Value for the ‘taxpayers' money
Accountability
Be accountable to ‘individuals’ and ‘organisations’
Transparency
Ensure transparency in
Rules/procedure/schemes/Grievances
Six Principle
These were later elaborated by the Labour Government as following nine principles of Service Delivery (1998):
1
Set standards of service
6
Use resources effectively
2
Be open and provide full information
7
Innovate and improve
8
Work with other providers.
9
Encourage access and the promotion
of choice
3
Consult and involve
4
Treat all fairly
5
Put things right when they go wrong
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Rationale of Citizen Charter:
▪
▪
It is essentially about the rights of the ‘public’ and
the obligations of the ‘public servants’ to fulfil them.
▪
As public services are funded by citizens, either
‘directly’ or ‘indirectly’ through taxes, they have the
right to expect a particular quality of service.
A Citizen’s Charter represents an understanding
between the ‘citizen’ and ‘public service provider’
about the ‘quantity’ and ‘quality’ of services citizens
receive in exchange for their taxes.
To make administration ‘accountable’ and ‘citizen - friendly’.
To ensure transparency
To take measures to improve customer service.
To adopt a stakeholder approach.
To save time of both administration and the citizen.
Significance of Citizen Charter:
service quality paradigm of the Total Quality
Management (TQM) movement. In the UK, in the context
▪
It improves accountability in the delivery of
government services.
▪
It improves organisational effectiveness
establishing measurable standards.
▪
by
It fosters a professional and customer-oriented
environment for service delivery.
▪
▪
It improves the quality of services to be provided by
facilitating internal and external monitoring.
of the Modernising Government Initiatives, Citizen's
Charters have acquired a service quality face for delivery
of public services.
The Government of Malaysia issued Guidelines on the
Client's Charter in 1993 to assist government agencies
to prepare and implement Client's Charter, which is "a
written commitment by an agency to deliver outputs or
services according to specified standards of quality". The
Malaysian system of Client's Charter closely follows the
UK Model.
It also helps in boosting the morale of the staff.
▪
The Citizen Charter also serves as a tool of
organizational transparency and accountability.
▪
Improves customers satisfaction due to time bound
delivery of quality services.
International Context:
The UK's Citizens' Charter initiative aroused
considerable interest around the world and several
countries implemented similar Programmes.
Some of these initiatives are very similar to the UK
model, while others chart new ground by leaning on the
Australian government launched its Service Charter
initiative in 1997 as part of its ongoing commitment to
improve the quality of service provided to the people by
moving the government organisation away from
‘bureaucratic
processes’
to
‘customer-focused
outcomes’. Centre - link is a one-stop shop that provides
access to Australian government services for over six
million customers
The Treasury Board of Canada Secretariat started a
‘Service Standard Initiative’ in 1995 which took its cue
from the Citizen's Charters of the United Kingdom, but
enlarged the scope considerably. This Service Standard
Initiative in Canada was started against the backdrop of
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citizen expectations relating to friendly, respectful and
courteous service; faster response times; extended
hours at government offices; and "one-stop-shopping".
expect to be served, mechanisms for ‘redressing
grievances’, and a provision for ‘unbiased scrutiny’
by consumer/citizen groups.
▪
Citizen Charter in India: Implementation
▪
▪
▪
In 1996 a consensus had evolved in the
Government on effective and responsive
administration.
On 24 May, 1997, a Conference of Chief
Ministers of various ‘States’ and ‘Union
Territories’ which was presided by the Prime
Minister of India.
Department of Administrative Reforms and Public
Grievances (DARPG) took the task of ‘coordinating’,
‘formulating’
Charters.
▪
and
‘operationalising’
Citizens'
In India, in this context, citizens can mean not only
citizens but also all stakeholders such as customers,
clients,
beneficiaries,
ministries/departments/organizations,
state/UT
governments, etc.
▪
The Indian model of citizen’s charter was primarily
an adaptation from the UK model. One additional
During the conference an 'Action Plan for
Effective and Responsive Government' at the
Centre and State levels was adopted.
component of the charter in the Indian version is the
inclusion of the component of ‘expectation from
clients’ or obligation of the users.
▪
The DARPG website lists more than 700 charters
adopted by various government agencies across
India.
▪
Citizen’s charters are not legally enforceable
A major outcome of the conference was a decision
to formulate Citizen’s Charters by the ‘central’ and
‘’state governments, beginning with sectors with a
large public interface such as the railways, telecom,
posts, Public Distribution System etc.
▪
▪
documents. They are just guidelines to enhance
service delivery to citizens.
The charters were required to include service
standards, the ‘time limit’ that the people can
Citizen’s Charter Components:
A good citizen’s charter should include the following details:
Organization’s vision and mission statements.
The business carried out and other such details of the organization.
Explains who are citizens and clients.
Grievance redressal mechanisms.
Expectations from citizens/clients.
Statement of services including quality, time-frame, etc. offered to citizens
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Challenges faced in implementing Citizen’s Charters in
India
▪
CONSITUTION
During the Year 2002-03, DARPG engaged a professional
agency for internal and external evaluation of Citizens'
Charters. The report major finding were –
A general perception is that these are seen as a mere
formality. There is no involvement from the
1. In majority of cases Charters were not
formulated through a consultative process;
personnel and citizens and the whole exercise is
carried out because it was a command from the top.
▪
Lack of consultations with ‘public’ and ‘civil society’
organizations during formulation.
▪
It can overburden organizations and government
agencies. It might also divert the attention of the
2. The service providers are not familiar with the
‘philosophy’, ‘goals’ and ‘main features’ of the
Charter;
3. Adequate publicity to the Charters had not been
given in any of the Departments evaluated. In
most Departments, the Charters are only in the
initial or middle stage of implementation;
personnel from their work.
▪
▪
Lack of training to concerned staff and their
resistance to change as it requires change in attitude
and behaviour of them towards citizens.
Realistic assessment of services what a department
can deliver is often avoided, but they promise more
than what they can deliver. It erodes trust of citizens
4. No funds have been specifically earmarked for
awareness generation of Citizens' Charter or for
orientation of staff on various components of
the Charter
How to strengthen Citizen Charter -
in charters.
▪
▪
Citizen Charter should be formulated as a
‘decentralized activity’ with the head office
providing only broad guidelines.
▪
Formulation of Citizen Charter should be done after
‘extensive consultations’ within the organization
followed by meaningful dialogue with civil society.
▪
Citizen Charter should be precise and must make
firm commitments of ‘service delivery standards’ to
the citizens or consumers in quantifiable terms
wherever possible.
The citizen’s charter is not legally enforceable. This
has made them ineffective in a real sense.
▪
There is a need for a team effort to implement the
charter in its true spirit. There is a hierarchy gap
between officers and field staff, which leads to a lack
of coordination and motivation.
▪
The charters are not periodically revised with
change in time.
▪
It is also seen that the needs of the disabled and
senior citizens are not taken into account while
framing charters.
▪
Citizen charter should clearly lay down the relief
which the organization is bound to provide if it has
defaulted on the promised standards of delivery.
Sometimes, the rules and procedures are found to
be excessively complicated.
▪
A citizen charter should be evaluated from time to
time preferably through an external agency.
There is a lack of awareness among the public about
citizen’s charters.
▪
To help in improvement in the contents of the
Charter, Civil Society should be included in it. They
▪
▪
▪
Standards defined are generally not measurable
making the whole exercise ineffective.
▪
It is seen that organizations themselves are not keen
to implement and adhere to their charters.
should be a part of the process, its adherence as well
as in educating the citizens about the importance of
the vital mechanism of the Citizen Charter.
▪
Citizen charters should be widely publicized through
print media, electronic media, banners etc.
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▪
Specific budgets should be earmarked for awareness
generation and orientation of the staff.
▪
There should not be a uniform charter across
organizations. They should be local and customized.
▪
A database should be created related to consumer
grievances and redressal.
▪
Wide consultations within the organization, civil
society and experts.
▪
Commitments made should be precise and firm and
there should be a citizen friendly redressal
mechanism
▪
Officers should be held accountable if commitments
made are not fulfilled.
▪
The citizen’s charters should be reviewed and
2nd ARC Recommendations
The Second Administrative Reforms Commission (ARC)
had made recommendations to improve the
effectiveness of citizen’s charters. Some of the
recommendations are:
▪
They should specify the remedy/compensation in
revised regularly because charter is a dynamic
document which must keep pace with changing
needs of the citizens.
the case of any default in meeting the standards
mentioned in the charters.
▪
▪
Charters should restrict a few promises that can be
kept rather than have a long unfulfilled list.
▪
Benchmark using end-user feedback
Before making a charter, the organization should
restructure its internal setup and processes.
Sevottam Model:
Sevottam Model
Seva (Service)
Uttam (Excellence)
Proposed by
2nd ARC (Administrative Reforms Commission)
Objective
It is proposed for public service delivery
It is regarded as a standard model for providing services in citizen centric
governance.
▪
▪
Sevottam is an ‘assessment – improvement’ model
that has been developed with the objective of
bringing excellence in public service delivery in the
country.
Sevottam Model is a model proposed by 2nd ARC
(Administrative Reforms Commission) for public
Service Delivery.
▪
Sevottam Model is now regarded as a standard
model for providing services in citizen centric
governance.
▪
The model was conceived by the Department of
Administrative Reforms & Public Grievances
(DARPG)
Seven Steps Model for implementation of Sevottam
1. All organizations should clearly define all
services which they provide and identify their
clients
2. Set standards and norms for each service
(Standards should be realistic and achievable)
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3. Develop capability to meet the set standards
•
•
•
quality of public services, the Act takes it a step
further by making a citizen’s right to public
Conventional training with imbibing the
right values
Development of a customer centric
culture within organization
service within the stipulated time legally
binding, failing which the concerned officials
can be penalized.
•
Raising the motivation and morale of a
staff
4. Perform to achieve the standards
delivery.
•
5. Monitor performance against the set standards.
Associated topic Right to Service Act
•
The Right to Service Act is a key administrative
reform initiative, built on the idea of the Citizen
Charter - while Citizen Charters’ define the
Right to Service legislation ensures delivery of
time bound services to the public. It aims to
6. Evaluate the impact through an independent
mechanism
7. Continuous improvement based on monitoring
and evaluation of results.
Accordingly, the Right to Service Act represents
the commitment of the particular state towards
standard, quality and time frame of service
•
reduce corruption among the government
officials and to increase transparency and
accountability
It empowers people to seek hassle free,
corruption free and time bound service delivery
mechanism in the government offices.
•
Madhya Pradesh was the first state to enact this
act in 2010. After that several states such as
Bihar, Punjab, Uttarakhand etc. introduced
similar legislation.
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Good Governance
Concept of Good Governance:
▪
According to UNESCAP (United Nations Economic
and Social Commission for Asia and the Pacific) Good
governance means ‘the processes and institutions
which produce results that meet the needs of
society while making the best use of resources at
their disposal’.
o
In simple words, Good governance is the
management of public affairs in just, fair and
reasonable manner.
o
It assures that corruption is minimized, the
views of minorities are taken into account and
that the voices of the most vulnerable in society
are heard in decision-making.
Eight Principle of Good Governance by United Nation:
Participation
Effectiveness & Efficiency
Accountability
Transparency
Responsiveness
Responsiveness
Participation by both men and women is a key
cornerstone of good governance. Participation could
be either direct or through legitimate intermediate
institutions or representatives. Participation needs
to be informed and organized. This means freedom
of association and expression on the one hand and
an organized civil society on the other hand.
Rule of law
▪
Good governance requires fair legal frameworks that
are enforced impartially. It also requires full
protection of human rights, particularly those of
minorities. Impartial enforcement of laws requires
an independent judiciary and an impartial and
incorruptible police force.
Transparency
▪
Transparency means that decisions taken and their
enforcement is done in a manner that follows rules
and regulations. It also means that information is
freely available and directly accessible to those who
will be affected by such decisions and their
Consensus Oriented
Equity and inclusiveness
Participation
▪
Rule of Law
Principle of Good
Governance
enforcement. It also means that enough information
is provided and that it is provided in easily
understandable forms and media.
Responsiveness
▪
Good governance requires that institutions and
processes try to serve all stakeholders within a
reasonable timeframe.
Consensus oriented
▪
There are several actors and as many view points in
a given society. Good governance requires
mediation of the different interests in society to
reach a broad consensus in society on what is in the
best interest of the whole community and how this
can be achieved. It also requires a broad and longterm perspective on what is needed for sustainable
human development and how to achieve the goals of
such development. This can only result from an
understanding of the historical, cultural and social
contexts of a given society or community.
Equity and inclusiveness
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▪
CONSITUTION
A society’s well being depends on ensuring that all its
members feel that they have a stake in it and do not
feel excluded from the mainstream of society. This
requires all groups, but particularly the most
vulnerable, have opportunities to improve or
maintain their well being.
Accountability
▪
Effectiveness and efficiency
▪
Good governance means that processes and
institutions produce results that meet the needs of
society while making the best use of resources at
their disposal. The concept of efficiency in the
context of good governance also covers the
sustainable use of natural resources and the
protection of the environment.
Accountability is a key requirement of good
governance. Not only governmental institutions but
also the private sector and civil society organizations
must be accountable to the public and to their
institutional stakeholders. Who is accountable to
whom varies depending on whether decisions or
actions taken are internal or external to an
organization or institution. In general an
organization or an institution is accountable to those
who will be affected by its decisions or actions.
Accountability cannot be enforced without
transparency and the rule of law.
Issues Concerning Good Governance:
As per the 12th report of 2nd ARC, there are many issues pertaining to good governance that are as followsCivil Servants have become inflexible, self-perpetuating, inward-looking.
Very rarely disciplinary actions are initiated against delinquent officers.
There is no ‘performance evaluation’ structure.
Bureaucracies do not serve the very purpose of their existence
Low Levels of Awareness of the Rights and Duties of Citizens
Ineffective Implementation of Laws and Rules
▪
Major Challenges:
▪
▪
underrepresented in government institutions and
other linked industries. As a result, ensuring
Criminalization of Politics: The criminalization of the
political process, as well as the alliance of politicians,
civil officials, and economic interests, are having a
negative impact on public policy formation and
governance.
Corruption:
Corruption
can
prevent
women's empowerment is critical to ensuring good
government.
▪
transparency, accountability and rule of law appear
to be most closely associated with corruption
Delayed Justice: A citizen has the right to speedy
justice, yet due to a variety of conditions, the
average person does not receive timely justice.
good
governance principles and structures from being put
in place, or enforced. Violations of the principles of
Gender inequality: It is inequitable that women are
▪
Improper use of resources: Decentralisation and
funding to the local government is not utilized
properly and very often diverted to other purposes
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CONSITUTION
Population Growth: There is an increasing demand
▪
on land, air and water resources. providing adequate
websites like mygov@nic.in and india.gov.in to
educational and health facilities, food, shelter and
employment to the growing number is a difficult
task before the government in India.
promote active participation of Indian citizens in
their country’s governance and development.
▪
How to establish Good Governance?
The effective functioning of governance is the pillar of an
efficient democracy. What is required is transparent,
accountable and intelligible governance
absolutely free from bias and prejudices.
▪
▪
▪
constituted at the national and state levels
respectively. It investigates allegations of corruption
Responsible policy makers: From policymakers to
and mal-administration against public servants and
is tasked with speedy redressal of public grievances.
▪
easily available. It is important that issues related to
▪
▪
good governance in the country.
Focusing on Probity in Governance: India should
also focus on developing probity in governance,
which will make the governance more ethical.
Initiative Taken so far by the Government:
A number of steps have been taken for improving the
quality of governance in India:
Minimum Government, Maximum Governance:
With a focus on a citizen friendly and accountable
administration, the government has initiated a
series of steps aimed at reduction in time and effort
on the part of both the citizen as well as the officials
in many government offices.
Reformulate National Strategy: There is a need to
reformulate our national strategy to accord primacy
to the Gandhian principle of ‘Antyodaya” to restore
▪
e-Governance: The National e-Governance Plan
ensures greater efficiency, transparency & reliability
of such services at affordable costs to realize the
basic needs of the common man.
Availability of Information: Information should be
RTI must be resolved.
Ombudsman: Also called the Lokpal and the
Lokayukta, it is an anti-corruption authority
implementers all should be held responsible for
their omissions and commissions. Everybody should
▪
Citizen’s Charter Act: Under the Right of Citizens for
Time Bound Delivery of Goods and Services and
Redressed of their Grievances Act, 2011 every public
authority is required to publish a Citizens Charter.
Increasing participation of People: Participation of
be answerable for allocation, use and control of
public fund and other assets.
The Right to Information Act, 2005: This establishes
the legal right for a citizen to access the information
that they want.
system
the people either direct or indirect in the
development and decision making process is one of
the cornerstones of good governance.
▪
Citizen-centric Platforms: Government has launched
▪
An essential part of Good governance is
‘accountability’ and ‘transparency’ and Media plays
an essential role in achieving it.
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Role of MEDIA in bringing ‘Transparency’ and ‘Accountability’
•
Media can inform and educate the public on corruption, expose corruption in government, private sector and
civil society organizations.
•
It helps to monitor codes of conduct while policing itself against corruption. Media fights corruption by
conducting debates, investigative journalism, RTI, sting operation, Opinion Polls.
•
With the help of free media information dissemination is possible and transparency in public sector can be
achieved
•
A large section of the population is ignorant and backward, it is the free media which disseminates
information about corruption to them and removes the information gap.
•
Media also tracks and updates on important policies and programmes of government and critically analyses
their impact which is possible only through an independent and neutral media.
•
Media is called fourth pillar of democracy as it ensure participation in governance at all levels by acting as
crucial link between the governing and governed.
Social Media and Accountability
•
Due to the growth in the telecommunication sector, Digital media has pushed traditional media houses in a
phase of the existential crisis.
•
The advent of online media and the burgeoning number of blogs, websites and social media websites such as
twitter and facebook have brought about a huge change in the media regime.
•
These days, social media is emerging as tool of communication which is equipped with the ability to share
information, mould opinion of the people and connect individual in a single platform.
•
Furthermore, social media is available on mobile and web-based technologies to create highly interactive
platforms through which individuals share, discuss, and modify user-generated content.
•
A big source of information, social media is going to be next big challenge for the different aspects of our
social and personal lives.
Regulation of Media in India:
•
Information Technology Act, 2000: It regulates the cyberspace in India, and also deals with the issue relating
to the wrongful disclosure and misuse of personal data and violation of contractual terms in respect of
personal data.
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•
CONSITUTION
Telecom Regulatory Authority of India (TRAI) Act: The TRAI dealt with powers of telecommunication and
broadcasting including the Internet Protocol Television.
•
Press Council of India (PCI): The existing body for the regulation of media is PCI that is enacted for the purpose
of preserving the freedom of the press and of improving standards of newspaper and news agencies in India
•
Television Networks Regulation Act 1955: Television media in India (both news and non-news) is governed
under the Cable Television Networks Regulation Act 1955 and its rules.
•
Committee on Online Media: The Ministry of Information and Broadcasting has set up a committee that have
representatives of the Press Council of India (PCI), News Broadcasters Association (NBA) and Indian
Broadcasters Federation (IBF), will recommend appropriate policy formulation for online media - news
portals and online content platforms.
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