Académique Documents
Professionnel Documents
Culture Documents
(Par t-II)
JUDICIARY .................................................................................................................................. 5
TRIBUNALS .............................................................................................................................. 49
COUNCILS ................................................................................................................................ 49
D LE
Court as the President may appoint for the to sit and act as a Judge of that Court unless he
consents so to do.
Y
purpose.
EM
(1) If at any time there should not be a The Supreme Court shall be a court of record
CA IC
quorum of the Judges of the Supreme
Court available to hold or continue any
session of the Court, the Chief Justice of
and shall have all the powers of such a court
including the power to punish for contempt of
itself.
India may, with the previous consent of
Article 130:
the President and after consultation with
A N
the Chief Justice of the High Court con- Seat of Supreme Court.
cerned, request in writing the attendance The Supreme Court shall sit in Delhi or in such
at the sittings of the Court, as an ad hoc other place or places, as the Chief Justice of India
Judge, for such period as may be neces- may, with the approval of the President, from time
S RO
leges, and shall discharge the duties, of a (b) between the Government of India and any
Judge of the Supreme Court. State or States on one side and one or more
other States on the other; or
Article 128: (c) between two or more States, if and in so far
Attendance of retired Judges at sittings of the as the dispute involves any question (whether
Supreme Court. of law or fact) on which the existence or
Notwithstanding anything in this Chapter, extent of a legal right depends:
the Chief Justice of India may at any time, with Provided that the said jurisdiction shall not
the previous consent of the President, request any extend to a dispute arising out of any treaty,
person who has held the office of a Judge of the agreement, covenant, engagement, sanad or other
Supreme Court or of the Federal Court 2[or who similar instrument which, having been entered
has held the office of a Judge of a High Court and into or executed before the commencement of this
is duly qualified for appointment as a Judge of the Constitution, continues in operation after such
Supreme Court] to sit and act as a Judge of the commencement, or which provides that the said
Supreme Court, and every such person so requested jurisdiction shall not extend to such a dispute.
D LE
der passed or made by any court or tribu- Law declared by Supreme Court to be binding
nal constituted by or under any law relat- on all courts.
Y
ing to the Armed Forces.
The law declared by the Supreme Court shall
Article 137: be binding on all courts within the territory of
India.
EM
Review of judgments or orders by the Supreme
Court.
CA IC
Subject to the provisions of any law made by
Parliament or any rules made under article 145,
the Supreme Court shall have power to review
Article 142:
Enforcement of decrees and orders of Supreme
Court and orders as to discovery, etc.
any judgment pronounced or order made by it. (1) The Supreme Court in the exercise of its
jurisdiction may pass such decree or make
A N
Article 138: such order as is necessary for doing com-
Enlargement of the jurisdiction of the Supreme plete justice in any cause or matter pend-
Court. ing before it, and any decree so passed or
(1) The Supreme Court shall have such fur- order so made shall be enforceable through-
S RO
ther jurisdiction and powers with respect out the territory of India in such manner
to any of the matters in the Union List as as may be prescribed by or under any law
Parliament may by law confer. made by Parliament and, until provision
(2) The Supreme Court shall have such fur- in that behalf is so made, in such manner
ther jurisdiction and powers with respect as the President may by order1 prescribe.
to any matter as the Government of India (2) Subject to the provisions of any law made
and the Government of any State may by in this behalf by Parliament, the Supreme
IA H
special agreement confer, if Parliament by Court shall, as respects the whole of the
law provides for the exercise of such juris- territory of India, have all and every power
diction and powers by the Supreme Court. to make any order for the purpose of
securing the attendance of any person, the
C
D LE
Public Service Commission. dated Fund of India, and any fees or other
(2) Subject to the provisions of any law made moneys taken by the Court shall form part
Y
by Parliament, the conditions of service of of that Fund.
officers and servants of the Supreme Court
shall be such as may be prescribed by rules High Courts
EM
made by the Chief Justice of India or by In each state there is a High Court, which
some other Judge or officer of the Court exercises powers within the territorial jurisdiction
CA IC
authorised by the Chief Justice of India to
make rules for the purpose:
Provided that the rules made under this
of the state concerned. A High Court consists of
a Chief Justice and such other judges as the
President may, from time to time, determine.
clause shall, so far as they relate to salaries, Since the number of the judges of the State High
A N
THE FOLLOWING ARE THE TWENTY-ONE HIGH COURTS SORTED BY NAME, YEAR OF
ESTABLISHMENT, JURISDICTION, PRINCIPAL SEAT (HEADQUARTERS) AND BENCHES.
Court name Established Jurisdiction Seat Benches
S RO
Delhi High Court 1966 National Capital Territory of Delhi New Delhi
Gauhati High Court 1948 Arunachal Pradesh, Assam, Manipur, Guwahati Kohima, Aizwal &
Meghalaya, Nagaland, Tripura, Mizoram Imphal. Circuit Bench
at Agartala & Shillong
C
D LE
to the High Court decides an appeal from of habeas corpus, mandamus, prohibition,
the decision of an inferior court, a second quo warranto and certiorari or any of
Y
appeal lies to the High Court from the them for enforcement of the fundamental
decisions of the lower appellate court but rights guaranteed by the constitution, and
only on question of law and procedure. for any other purposes (Article 226). The
The criminal appellate jurisdiction of the power may also be exercised by any High
EM
High Court extends to appeals from the Court exercising jurisdiction in relation to
CA IC
decisions of a Sessions Judge or an Addi-
tional Sessions Judge, where the sentence
of imprisonment exceeds seven years and
from the decisions of an Assistant Session
the territories within which the cause of
action, wholly or in part, arises for the
exercise of such power, notwithstanding
that the seat of such government or au-
Judge. thority or the residence of such person is
A N
3. Power of Superintendence: According to not within those territories.
Article 227, every High Court has the 6. Power of Appointment: According to
power of superintendence over all courts Article 229, the Chief Justice of the High
and tribunals, except those dealing with Court, is empowered to appoint officers
S RO
the armed forces functioning with its ter- and servants of the Court. The Governor
ritorial jurisdiction. Interpreting the scope may in this respect require the Court to
of this power, the Supreme Court said that consult the Public Service Commission of
all types of tribunals including the election the state. He also consults the High Court
tribunals operating within a state are sub- in the appointment, posting, and promo-
ject to the superintendence of the High tion of district judges and along with the
Courts and further, that the "superinten- state Public Service Commission in ap-
dence is both judicial and administrative.
IA H
over the subordinate judiciary in the state by the state legislature in this respect. The
in respect of certain matters, besides its power of the Chief Justice to appoint any
appellate and supervisory jurisdiction over member of the staff of the High Court also
them. Article 228 empowers the High includes his power to dismiss any such
Court to transfer constitutional cases from member form the service of the court. The
lower courts. Thus, if the Court is satisfied powers of posting and promotions and
that a case pending in one of its subordi- grant of leave to persons belonging to the
nate courts involves a substantial question judicial service is also vested in the High
of law as to the interpretation of the Court. The constitution also provides for
constitution, the determination of which is charging all the administrative expenses of
necessary for the disposal of the case, it the High Court on the Consolidated Funds
shall then withdraw the case and may of the State.
either dispose of the case itself or deter-
mine the constitutional question and then Subordinate Courts
send the case back to the court where from As mentioned earlier, the judiciary of a state
it was withdrawn. consists of a high court and a hierarchy of
CHRONICLE IAS ACADEMY 12
subordinate courts, also known as lower courts. secure the independence of the subordinate
The subordinate courts are so called because of judiciary.
their subordinate to the state high court. They The Constitution also empowers the governor
function below and under the high court at to apply the above provisions regarding
district and lower levels. subordinate courts to any class or classes of
Articles 233 to 237 in Part VI of the Constitution magistrate in the state.
make the following provisions to regulate the
organisation of subordinate courts and to ensure RULE OF LAW
their independence from the executive. The Rule of Law- is a basic requirement for a
1. Appointment of District Judges democratic government. And for the maintenance
of rule of law, there must be an independent and
The appointment, positing and promotion of
impartial judiciary. It is embodied in the concept
district judges in a state are made by the governor of rule of law that equality before the law or equal
of the state in consultation with the high court. protection of the laws is ensured to all citizens,
A person to be appointed as district judge and every citizen is protected from arbitrary
should have the following qualifications: exercise of power by the State. Thus in a state
(a) He should not already be in the service of the professing the rule of law, the aim should be to
Central or the state government. provide for a system which secures to its citizens
adequate procedure for the redress of their
(b) He should have been an advocate or a grievances against the state before forums which
pleader for seven years. are able to administer justice in an impartial
(c) He should be recommended by the high manner without any fear or favour.
court for appointment.
Rule of Law in India
The expression 'district judge' includes judge
of a city civil court, additional district judge, joint Each country has devised its own system to
district judge, assistant district judge, chief judge ensure the maintenance of the rule of law. The
of a small cause court, chief presidency magistrate, Indian Constitution embodies the modern concept
additional chief presidency magistrate, sessions of the rule of law with the establishment of a
judge, additional sessions judge and assistant judicial system which should be able to work
impartially and free from all influences. The rule
sessions judge.
of law pervades over the entire field of
2. Appointment of other Judges administration and every organ of the State is
Appointment of person (other than district regulated by the rule of law. The concept of the
judges) to the judicial service of a state are made rule of law would lose its vitality if the
by the governor of the state after consultation with instrumentalities of the state are not charged with
the State Public Service Commission and the high the duty of discharging their function in a fair and
court. just manner. It has been held that the rule of law
pervades the Constitution as its basic feature and
The expression 'judicial service' means a service cannot be taken away even by an amendment of
consisting exclusively of persons intended to fill the Constitution.
the post of district judge and other civil judicial
posts inferior to the post of district judge. Constitutional Provisions for Rule of Law
3. Control over Subordinate Courts Fundamental Rights: Indian Constitution
enshrines the fundamental rights to individuals
The control over district courts and other
which operate as limitations on the exercise of
subordinate courts including the posting, powers by the government. If there is an
promotion and leave of person belonging to the infringement of the Fundamental Rights of a
judicial service of a state and holding any post citizen, the rule of law requires that there should
inferior to the post of district judge is vested in the be a proper forum for the address of his grievances.
court. This control is vested in the high court to For this purpose, it is provided that an aggrieved
13 CHRONICLE IAS ACADEMY
person may even move the Supreme Court directly is the self-imposed discipline of judicial restraint.
by appropriate proceedings for the enforcement of The doctrine of judicial review does not permit the
his fundamental rights. The rule of law under the court to direct or advise the executive in matters
Constitution thus serves the needs of the people. of policy or to sermonize vis--vis any matter
It recognises the social reality and tries to adjust which under the Constitution lies within the
itself to it from time to time avoiding the sphere of Legislature or the Executive, provided
authoritarian path. those authorities do no transgresses their
D LE
It is specifically provided that the state shall constitutional limits or statutory powers.
not deny to any person, equality before the law
Judicial Review in India
Y
or the equal protection of law. The absence of
arbitrary power is the first essential of the rule of The phrase "judicial review" is not anywhere
law upon which the Indian constitutional system used in the Indian Constitution. But, the framers
is based. In a system governed by the rule of law, of Indian Constitution intended this power to be
EM
discretion, when conferred upon executive exercised by the courts while interpreting any law
CA IC
authorities, must be confined within clearly defined
limits. This means that decision should be made
by the application of known principles and rules
and, in general, such decisions should be predictable
passed by the Parliament or State-legislatures.
Till 1967 the Supreme Court had exercised the
power of judicial review with restraint. But in
sGolaknath case, 1967, the Supreme Court
and the citizen should know where he stands.
overruled previous decisions and declared that the
A N
Directive Principles: The Indian Constitution Parliament could not amend the Constitution to
lays down in Part IV the Directive Principles of take away or abridge any of the Fundamental
State Policy. It enjoins to bring about a social order Rights. This decision resulted in a public
in which justice, social, economic and political, controversy over the sovereignty of Parliament.
S RO
shall prevail all the institutions of national life. It Then, came two other judgments of the Supreme
directs it to work for an egalitarian society where Court - the Bank Nationalization case and the
there is no concentration of wealth, where there Privy Purses case. These cases also questioned the
is plenty, where there is equal opportunity for all, supremacy of the parliament. Soon thereafter in
to education, to work, to livelihood, and where
a newly elected Lok Sabha following the 1971
there is social justice.
elections, the Parliament passed 24th , 25th and
It is true that the representatives of the people 26th constitution Amendment bills to neutralise
are charged with the responsibility of realising the
IA H
authoritarian State. It is here that the DPSPs. come right to amend the Constitution including the
into picture & serve as the beacon lights for both Fundamental Rights, but not the 'basic structure
the politicians as well as the judiciiary who is
or framework' of the Constitution. The Supreme
responsible for ensuring that the govt. of the day
Court holds the view that the Parliament is not
respects the rights of the people & acts as per rule
omnipotent to change the basic structure of the
of law.
Constitution.
JUDICIAL REVIEW Impact of the 42nd Amendment
Judicial Review means the power of the courts The 42nd Amendment enacted during the
to declare a law made by legislature beyond the Emergency made far-reaching changes to curtail
powers given to it by the Constitution as ultravires the powers of the courts and to make the Parliament
of the Constitution and hence void. Judicial review sovereign. Firstly, the 42nd Amendment stated
is a powerful weapon to restrain any that no amendment to the Constitution could be
unconstitutional exercise of power by the questioned in a Court of Law. And "for the
Legislature and the Executive. The only check on removal of the doubts, it is hereby declared that
the exercise of power by the judiciary, however, there shall be no limitation what ever on the
CHRONICLE IAS ACADEMY 14
constituent power of Parliament to amend by way significant strides to maintain the rule of law,
of addition, variation or repeal the provisions of which is the bedrock of our Constitution.
this constitution." In this manner, through this
Amendment the Supreme Court's power to judicial Significance of Judicial Review
review of constitutional amendments was taken It is said that there is a shift from the traditional
away to establish the complete and total judicial role to judicial activism, from passivity to
sovereignty of Parliament. The Amendment stated creativity, in that the courts are taking judicial
that: notice of the changing needs of the society and
(a) A High Court cannot pronounce invalid any evolving new tools for redressing public wrongs.
Central law, Public Interest Litigation based on the enlarged
(b) The Supreme Court shall not pronounce a concept of locus standi, has developed on account
State law as unconstitutional unless a Central of judicial activism. In several matters, the Courts
law has also been challenged. have provided relief through the 'judicial review',
such as, in cases concerning the deprived or
Further, the minimum number of judges of the
disadvantaged sections of the society, prisoners,
Supreme Court who shall sit to determine the
environmental degradation, closure of polluting
constitutional validity of any Central or State law
industries in Delhi, encroachments and
shall be seven and in the case of High Court, five.
unauthorised constructions, immediate medical
It was also stated that a majority of not less than
aid by government hospitals to seriously injured
two- thirds of the judges hearing such a case must
persons, reparations to riot-victims, professional
agree before a law is declared invalid. But after
college admissions, contempt involving
this the 43rd Amendment was passed which
disobedience or imperviousness to court orders,
restored the pre-emergency position of the Supreme
corruption in high places, or malfeasance of public
Court's power of judicial review over laws passed
servants (including Ministers) involving breach of
by state legislatures and Parliament. As far as
public trust, etc.
Parliament's sovereignty with regard to amending
the Constitution is concerned, there is no change. Conclusion
The power of Parliament to amend the Constitution
exists as under the 42nd Amendment, however Undoubtedly, the maxim "the King can do no
the judgment of the Supreme Court in the Minerva wrong" or absolute immunity of the government
Mills case in May 1980 was a setback to the is not recognised in our legal system, rather
position of unlimited powers claimed by the independence and impartiality which are the two
Parliament to amend any part of Constitution. basic attributes essential for proper discharge of
This judgment recognized only limited powers of judicial functions are emphasized upon. In fact,
the Parliament to amend the Constitution without "judicial activism" is nothing but Judiciary's
altering the basic structure. insistence that the rule of law must guide the
Legislature and the Executive in enacting or
Constitutional Provisions enforcing the laws of the land. Judicial review is
Article 32 of the Constitution makes the a constitutionally embraced concept, which has
Supreme Court the ultimate guardian of the been streesed upon in cases like Minerva Mills
Fundamental Rights of the citizens and clothes it Ltd.v. Unin of India, S.P.Sampath Kumar v.
with the power to issue writs for their enforcement. Union of India. Subhesh Sharma v. Union of
Article 142 gives the Apex Court wide powers to India,etc. Judicial review, in India is a power born
proonounce orders as are necessary in the interest from the first principles of democratic
of justice for doing complete justice in any cause constitutionalism & is today an area of great
or matter before it, in addition to its powers to promise. It is an essential part of the rule of law.
make decisions under article 131 to 136. Article However, it must also be kept in view that the
142 contains no words of limitation and has actual governance of the country is certainly the
enabled the court to intervene in a wide variety sphere of the Executive which is accountable to
of cases. Starting with Union Carbide Corpn. v. Parliament. Neither the Executive nor the Judiciary
Union of India, (1991) Supreme Court has made should exceed their legitimate functions. Only
15 CHRONICLE IAS ACADEMY
WHAT QUESTIONS ARE RAISED AGAINST of the Constitution and its interpretation is binding
JUDICIAL REVIEW? on all courts, tribunals and authorities in this
country. Under article 141 of the Constitution, the
Following are the main questions raised by the
law declared by the Supreme Court is binding on
critics of Judicial Review:
all parties. So, if there is any doubt that any
Is the judiciary expanding its powers at the ex-
particular organ of Government has exceeded its
pense of the executive?
powers, the interpretation ultimately rests with
Are the courts reaching the boundaries of the rule
D LE
the Supreme Court.
of separation of powers?
Even the powers granted by the Constitution
Do the new dimensions, which the judicial review
Y
to the Members of Parliament and the Assembly
has brought in, are attempts to tread on territory
hitherto reserved for the Executive? are subject to other provisions of the Constitution.
They cannot act arbitrarily; nor can they deprive
Is there a government by the Judiciary, unsup-
the citizens of their fundamental rights arbitrarily.
EM
ported by any popular mandate?
There is a provision in the Constitution for codifying
CA IC
What is the line where the courts will stop?
conflict gets resolved or the matter is put in the (a) Existence, extent and scope of Parliamentary
cold storage after initial heat over the powers each privileges and power of Legislatures to punish
of these wings of the States enjoy under the for contempt,
Constitution subsidies. There are a number of (b) Interference in the proceedings of
C
D LE
Constitutional Amendment Act may be intermediate level, in the Panchayats at the
summarised as follows: district level;
Y
Gram Sabha: Article 243A provides that the (c) the members of the Lok Sabha and the
Gram Sabha may exercise such powers and Legislative Assembly of the State
perform such functions at the village level as the representing constituencies which comprise
EM
legislature of a State may by law provide. The wholly or partly a Panchayat area at the
73rd amendment thus envisages the Gram Sabha
CA IC
as the foundation of Panchayati Raj System.
Gram Sabha means a body consisting of persons
registered in the electoral rolls relating to village
level other than the village level, in such
Panchayats;
(d) the members of the Rajya Sabha and
Legislative Council of the State where they
comprised within the area of Panchayat at the
are registered as electors.
village level.
A N
The Chairperson of a Panchayat and other
Constitution of Panchayats: Article 243B
members of Panchayat whether or not chosen
visualises a three-tier Panchayati Raj System. It
by direct election from territorial constituencies
provides that in every State there shall be
in the Panchayat area shall have the right to
constituted Panchayats at the village,
S RO
Panchayats to be filled by election shall, so far for the time being in force for the purposes
as practicable, be the same throughout the of elections to the legislature of the State
State. concerned;
All the seats in a Panchayat shall be filled by (b) if he is so disqualified by or under any law
persons chosen by direct election from territorial made by the legislature of the State.
constituencies in the Panchayat area. For this But no person shall be qualified on the
purpose each Panchayat area shall be divided ground that he is less than 25 years of age,
into territorial constituencies in such manner under clause (a), if he has attained the age of
that the ratio between the population of each 21 years.
constituencies and the number of seats allotted If any question arises as to whether a member
to it, so far as practicable, be the same throughout of a Panchayat has become subject to any of the
the Panchayat area. qualifications mentioned in clause (1) the
The legislature of a State may by law provide question shall be referred for the decision of
for representation of following persons in such authority and in such manner as the
Panchayats : legislature of a State may, by law, provide.
CHRONICLE IAS ACADEMY 18
Reservation of Seats in Panchayats: Article Panchayats at any level in favour of backward
243D provides that in every Panchayats seats classes of citizens.
shall be reserved for the Scheduled Castes and Duration of Panchayats : According to
Scheduled Tribes. The number of seats so Article 243E every Panchayat, unless sooner
reserved shall be, as nearly as may be, in the dissolved under any law for the time being in
same proportion to the total number of seats to force, shall continue for five years from the date
be filled by direct election in that Panchayat as appointed for its first meeting. No amendment
the population of the SCs and STs in that of any law in force shall have effect of causing
Panchayat area bears to the total population of dissolution of a Panchayat at any level which
that area and such seats may be allotted by is functioning before such amendment till the
rotation to different constituencies in a expiration of its normal period of five years.
Panchayat. An election to constitute a Panchayat must
Out of total number of seats reserved under be completed :
clause (1) not less than 1/3 seats shall be (a) before the expiry of its duration;
reserved from women belonging to the SCs and
(b) before the expiration of a period of six
STs. [Clause (2)] Out of total number of seats to
months from the date of its dissolution.
be filled by direct election in every Panchayat
not less than 1/3 (including the number of seats But where the remainder of the period for
reserved for SCs and STs women) seats shall which the dissolved Panchayat would have
be reserved for women. Such seats may be continued in less than six months, it shall not
allotted by rotation to different constituents in be necessary to hold any election under this
a Panchayat. [Clause (3)] clause for constituting the Panchayat for such
period.
The office of the Chairpersons in the
Panchayats at the village or any other level shall Powers, Authority and Responsibility of
be reserved for SCs, STs, and women in such Panchayats : Article 243G, provides that subject
manner as the legislature of a State may, by law, to the provisions of this Constitution the
provide. But the number of offices of legislature of a State may, by law, endow the
Chairpersons reserved for the SCs and STs in Panchayats with such powers and authority as
the Panchayats at each level in any State shall may be necessary to enable them to function as
be, as nearly as possible, in the same proportion an institution of self government. Such law may
to the total number of such offices in the contain provision for the devolution of powers
Panchayats at each level in proportion of the and responsibilities upon Panchayats subject to
total population of the SCs and STs in the State. such conditions as may be specified therein,
However, not less than 1/3 of the total number with respect to :
of the offices of Chairperson in the Panchayat (a) the preparation of plans for economic
at each level shall be reserved for women. The development and social justice;
number of offices reserved under this clause (b) the implementation of schemes for social
shall be allotted by rotation to different development and social justice as may be
Panchayats at each level. entrusted to them including those in relation
The reservation of seats under clauses (1) to the matters listed in the Eleventh Schedule.
and (2) and the reservation of offices of The matters listed in the Eleventh Schedule
Chairperson (other than the reservation for are as follows:
women) under clause (4) shall cease to have 1. Agriculture, including agricultural exten-
effect on the expiration of the period specified sion.
in Article 334. [Clause (5)] 2. Land improvement, implementation of
Reservation for Backward Classes : The land reforms, land consolidation and soil
legislature of a State is empowered under clause conservation.
(6) to make provision or reservation of seats in 3. Minor irrigation, water management and
any Panchayat or office of Chairpersons in the watershed development.
D LE
10. Rural housing. crediting all moneys received, by or on behalf
11. Drinking Water. of the Panchayats and also for the
Y
12. Fuel and fodder. withdrawal of such money therefrom.
13. Roads, culverts, bridges, ferries, water-
Finance Commission : Article 243-I provides
ways and other means of communication.
for the establishment of a Finance Commission
14. Rural electrification, including distribu-
EM
for reviewing financial position of the
tion of electricity.
CA IC
15. Non-conventional energy sources.
16. Poverty alleviation programme.
17. Education, including primary and second-
ary schools.
Panchayats. The Governor of a State shall within
one year from the commencement of the
Constitution (73rd Amendment) Act, 1992 and
thereafter at the expiration of every fifth year,
18. Technical training and vocational educa- constitute a Finance Commission. The legislature
of the State may by law, provide for the
A N
tion.
19. Audit and non-formal education. composition of the Commission, the qualifications
20. Libraries. requisite for appointment of its members and
21. Cultural activities. the manner in which they shall be selected.
S RO
22. Markets and fairs. It shall be the duty of the Finance Commission
23. Health and sanitation, including hospitals, to review the financial position of the Panchayats
primary health centres and dispensaries. and to make recommendations to the Governor
24. Family welfare. as to:
25. Women and child development.
(a) the principles which should govern :
26. Social welfare, including welfare of the
handicapped and mentally retarded. (i) the distribution between the State and the
27. Welfare of the weaker sections, and in Panchayats of the net proceeds of the
IA H
particular, of the Scheduled Castes and taxes, duties, tolls and fees leviable by the
the Scheduled Tribes. State, which may be divided between
28. Public distribution system. them under this Part and the allocation
29. Maintenance of community assets. between the Panchayats at all levels of
C
It is to be noted that Article 243G is subject their respective shares of such proceeds;
to the provisions of the Constitution. This means (ii) the determination of the taxes, duties, tolls
that the normal distribution of powers under and fees which may assigned to, or appro-
Article 245 and 246 cannot be effected by the priated by, the Panchayats;
State legislature while vesting with powers and (iii) the grants-in-aid to the Panchayats from
authorities upon the Panchayats. the Consolidated Fund of the State;
Powers to Impose Taxes and Funds of (b) the measures needed to improve the financial
Panchayats : Article 243H empowers a State position of the Panchayats;
legislature to make by law provision for imposing (c) any other matter referred to the Finance
taxes etc. by the Panchayats, such a law : Commission by the Governor in the interests
(a) authorize a Panchayat to levy, collect and of sound finance of the Panchayats.
appropriate such taxes, duties, tolls and fees The commission shall determine its procedure
in accordance with such procedure and and shall have such powers in the performance
subject to such limits; of its functions as the State legislature may, by
(b) assign to a Panchayat such taxes, duties, law, confer on it.
CHRONICLE IAS ACADEMY 20
The Governor shall cause every 1. the scheduled areas referred to in clause
recommendation made by the Commission (1) and tribal areas referred to in clause (2)
together with an explanatory memorandum as of Article 244;
to the action taken thereon to be laid before the 2. the State of Nagaland, Meghalaya and
legislature of the State. Mizoram;
The Governor shall cause every 3. the hill areas in the State of Manipur for
recommendation made by the Commission which District Councils exist under any
together with an explanatory memorandum as law for the time being in force;
to the action taken thereon to be laid before the 4. to Panchayats at the district level of the hill
legislature of the State areas of the District of Darjeeling in the
State of West Bengal for which Darjeeling
The State Finance Commission under
Gorkha Hill Council exists under any law
Panchayatri Raj Law is designed to ensure
for the time being in force;
regional balance in the distribution of State and
5. shall affect the functions and powers of
Central Funds.
the Darjeeling Gorkha Hill Council consti-
Audit of Accounts of Panchayats : The tuted under such law.
legislature of a State may, by law, make provision Notwithstanding anything in this
with respect to the maintenance of accounts by Constitution:
the Panchayats and the auditing of such
(a) The State Legislature of Nagaland,
accounts.
Meghalaya and Mizoram may, by law,
Elections to the Panchayats : Under Article extend this Part to that State, except the
243K the superintendence, direction and control areas referred to in clause (1) if the Legislative
of the preparation of electoral rolls and conduct Assembly of that State passes a resolution to
of all elections to the Panchayats shall be vested that effect by a majority of the total
in a State Election Commission consisting of the membership of that House and by a majority
State Election Commissioner to be appointed by of not less than two-third of the members of
the Governor. Subject to the provisions of any that House present and voting;
law made by the State legislature, the conditions
(b) Parliament may, by law, extend the provisions
of service and tenure of office of the State
of Part 9 to the Scheduled areas and Tribal
Election Commissioner shall be such as the
areas referred to in clause (1) subject to such
Governor may by rule determine. The State
exceptions and modifications as may be
Election Commissioner shall not be removed
specified in such law, such law shall not be
from his office except in like manner and on like
deemed to be amendment of this Constitution
grounds as a Judge of a High Court. The for the purposes of Article 368.
conditions of service of the State Election
Continuance of Existing Laws and
Commissioner shall not be varied to his
Panchayats : Article 243N provides that not
disadvantage after his appointment.
withstanding anything in Part 9 or any provision
The Governor of State shall, when so of any law relating to Panchayats in force in a
requested by the State Election Commissioner, State immediately before the commencement of
make available to Commission such staff as may the Constitution (73rd Amendment) Act, 1992,
be necessary for the discharge of its functions. which is inconsistent with the provisions of Part
The State legislature may, subject to the 9, shall continue to be in force until amended
provisions of this Constitution, by law, make or repealed by a competent legislature or other
provision with respect to all matters relating to competent authority or until the expiration of
or in connection with elections to the Panchayats. one year from such commencement, whichever
Part not to apply to Certain Areas : Article is earlier.
243M provides that Part 9 shall not apply to the However, all the Panchayats existing
following areas : immediately before such Government shall
21 CHRONICLE IAS ACADEMY
continue till the expiration of their duration, to authorise a Panchayat to levy, collect and
unless sooner dissolved by resolution passed by appropriate some taxes, duties, tolls and
the Legislative Assembly of that State or in a fees;
State having a Legislative Council, by each to assign to the Panchayat, some taxes,
House of the Legislature of the State. duties, tolls levied and collected by the State
Courts not to interfere in Electoral Matters: Government;
Article 243-O bars the interference by courts in to provide for making grants-in-aid to the
D LE
electoral matters of Panchayats. It provides that Panchayats from the Consolidated Fund of
notwithstanding anything in this Constitution the State; and
Y
the validity of any law relating to the delimitation to provide for constitution of such funds for
of constituencies or the allotment of seats to Panchayats for crediting all money received
such constituencies made under Article 243K by or on behalf of Panchayats and also the
EM
shall not be called in question in any court. withdrawal of such money therefrom.
CA IC
The validity of an election to any Panchayat
can be challenged only through an election
petition presented to such authority and in such
Article 243-I of the Constitution provides for
constitution of a State Finance Commission
(SFC) to review the financial position of
manner as provided by any law made by the Panchayats and to make recommendations to
legislature of a State. the Governor regarding the principles governing
A N
Financial Powers of Panchayati Raj the major issues mentioned in Article 243-H.
Institutions
Urban Local Bodies
Article 243-G of the Constitution of India
The Narsimha Rao Government introduced
S RO
as institutions of self-government and such law Houses in December 1992. It received the assent
may contain provisions for the devolution of of the President on April 20, 1993 and was
powers and responsibilities upon Panchayats at published in the gazette on the same day as the
the appropriate level, subject to such conditions Constitution 74th Amendment Act, 1992.
C
as may be specified therein, with respect to(a) Part IX-A has been added to the constitution.
the preparation of plans for economic This amendment has added 18 new articles and
development and social justice; and (b) the a new twelfth schedule relating to urban local
implementation of such schemes for economic bodies in the constitution.
development and social justice as may be
The objectives of 74th Constitution
entrusted to them including those in relation to Amendment Act include decentralization of
the matters listed in the Eleventh Schedule. power and ensuring popular participation in
While Article 243-G of the Constitution planning management and delivery of civil
visualises Panchayats as institutions for self- services. It introduces some fundamental changes
government, it subjects the extent of devolution in the system of municipal governance. Duration
of powers and functions to the will of the State of elected municipal governments, participation
Legislatures. of women and weaker sections in urban affairs
As per Article 243-H of the Constitution, and enabling framework for efficient delivery of
State Legislatures have been empowered to public services were regarded as appropriate
enact laws; subject covered by constitutional provisions.
D LE
Chairpersons (other than the reservation
(a) One ward. The member representing
for women) under clauses (3) shall cease
that ward in the Municipality; or
Y
to have effect on the expiration of the
(b) Two or more wards, one of the period specified in article 334
members representing such wards in (6) Nothing in this Part shall prevent the
the Municipality elected by the Legislature of a State from making any
EM
members of the Wards Committee, provision for reservation of seats in any
CA ICshall be the Chairperson of that
Committee.
(5) Nothing in this article shall be deemed to
Municipality or offices of Chairpersons in
the Municipalities in favour of backward
class of citizens.
prevent the legislature of a State from Duration of Municipalities:
making any provision for the constitution (1) Every Municipality, unless sooner dissolved
A N
of Committees in addition to the Wards under any law for the time being in force,
Committee. shall continue for five years from the date
Reservation of Seats: appointed for its first meeting and no
(1) Seats shall be reserved for the Scheduled longer:
S RO
Castes and the Scheduled Tribes in every Provided that a Municipality shall be given
Municipality and the number of seats so a reasonable opportunity of being heard before
reserved shall bear, as nearly as may be, its dissolution.
the same proportion to the total number of (2) No amendment of any law for the time
seats to be filled by direct election in that being in force shall have the effect of
Municipality as the population of the causing dissolution of a Municipality at
Scheduled Castes in the Municipal area or any level, which is functioning immedi-
IA H
of the Scheduled Tribes in the Municipal ately before such amendment, till the ex-
area bears to the total population of that piration of its duration specified in class
area and such seats may be allotted by (1).
rotation to different constituencies in a
C
D LE
tory memorandum as to the action taken tution, Parliament may, by law, extend the
thereon to be laid before the Legislature of provision of this Part to the Scheduled
Y
the State. Areas and the tribal areas referred to in
Audit of Accounts of Municipalities: clause (1) subject to such exception and
modifications as may be specified in such
The Legislature of a State may, by law, make
law, and no. such law shall be deemed to
EM
provisions with respect to the maintenance of
be an amendment of this Constitution for
CA IC
accounts by the Municipalities and the auditing
of such accounts.
Elections to the Municipalities:
the purposes of Article 368.
Committee for District Planning:
(1) There shall be constituted in every State at
(1) The Superintendence, direction and con- the district level a District Planning Com-
trol of the preparation of electoral rolls, mittee to consolidate the plans prepared
A N
for, and the conduct of, all elections to the by the Panchayats and the Municipalities
Municipalities shall be vested in the State in the district and to prepare a draft
Election Commission referred to in Article development plan for the district as a
243K. whole.
S RO
(2) Subject to the provisions of this Constitu- (2) The Legislature of a State may, by law,
tion, the Legislature of a State may, by make provision with respect to:
law, make provision with respect to all (a) The composition of the District
matters relating to, or in connection with, Planning Committees;
elections to the Municipalities.
(b) The manner in which the seats in such
Application to Union Territories: Committee shall be filled:
The provisions of this Part shall apply to the Provided that not less than four-fifths of the
IA H
Union territories and shall, in their application total number of members of such Committee
to a Union territory, have effect as if the shall be elected by, and from amongst, the
references to the Governor of a State were elected members of the Panchayats at the district
reference to the Administrator of the Union level and of the Municipalities in the district in
C
territory appointed under Article 239 and proportion to the ration between the population
references to the Legislature or the Legislature of the rural areas and of the urban areas in the
Assembly of a State were references in relation district;
to a Union territory having a Legislative (c) The functions relating to district
Assembly, to that Legislative Assembly. planning which may be assigned to
Provided that the President may, by public such Committees;
notification, direct that the provisions of this (d) The manner in which the Chairpersons
Part apply to any Union territory or part thereof of such Committees shall be chosen.
subject to such exception and modification as he (3) Every District Planning Committee shall,
may specify in the notification. in preparing the draft development plan,
Part not to apply to certain areas: (a) Have regard to :
(1) Nothing in this Part shall apply to the (i) Matters of common interest
Scheduled Areas referred to in clause (1), between the Panchayats and the
and the tribal areas referred to in clause Municipalies including spatial
(2), of Article 244. planning, sharing of water and
D LE
if any, as the President may from time to
of seats to such constituencies, made or
time fix and the appointment of the Chief
purporting to be made under Article 243ZA
Y
Election Commissioner and other Election
shall not be called in question in any court;
Commissioners shall, subject to the provi-
(b) No election to any Municipality shall be sions of any law made in that behalf by
called in question except by an election
EM
Parliament, be made by the President.
petition presented to such authority and in (3) When any other Election Commissioner is
CA IC
such manner as is provided for by or under
any law made by the legislature of a State.
Thus, the 74th Constitution Amendment
so appointed the Chief Election Commis-
sioner shall act as the Chairman of the
Election Commission.
Act] 1992 aims at constitutional guarantees to (4) Before each general election to the House
safeguard the interests of urban local of the People and to the Legislative Assem-
A N
governments to enable them function as effective bly of each State, and before the first
democratic and self-governing institutions at general election and thereafter before each
grass-root level. It provides a constitutional biennial election to the Legislative Council
status to the structure and mandate of these of each State having such Council, the
S RO
bodies. The Act also provides for public President may also appoint after consulta-
participation through elected Municipalities, tion with the Election Commission such
Wards Committees and Planning Committees, Regional Commissioners as he may con-
with the Committee members being mostly from sider necessary to assist the Election Com-
elected representatives. mission in the performance of the func-
tions conferred on the Commission by
ELECTORAL SYSTEM clause (1).
IA H
AND ITS REFORM (5) Subject to the provisions of any law made
The more the elections are free and fair, the by Parliament, the conditions of service
stronger the allegiance the people will have and tenure of office of the Election Com-
missioners and the Regional Commission-
C
D LE
Article 329: of all kinds and would incidentally promote
Bar to interference by courts in electoral development of a healthy party system at all
Y
matters.-Not withstanding anything in this Con- levels of administrative structure.
stitution - 3. State Funding
(a) the validity of any law relating to the In addition to the simultaneous holding of
EM
delimitation of constituencies or the allot- elections, some system of funding of electoral
CA IC
ment of seats to such constituencies, made
or purporting to be made under article 327
or article 328, shall not be called in question
in any court;
campaigns is absolutely necessary. A simple
procedure can be adopted:
Candidates of a recognised political party
and independents, who have received more
(b) no election to either House of Parliament or
than, say 25 per cent of the valid votes polled
to the House or either House of the Legisla-
A N
in a particular constituency in a previous elec-
ture of a State shall be called in question
tion, should be entitled to receive a fixed
except by an election petition presented to
contribution in two installments equal to three-
such authority and in such manner as may
fourth of the limit imposed by the Election
be provided for by or under any law made
S RO
holes in the electoral system, many reforms have be limit on leaflets and posters issued and
been proposed. Some of them are as follows: advertisements contributed by the candidates
1. Independent Election Machinery and parties during the elections.
C
D LE
even after the 1988 amendment of the Rep- connected with election work and giving the
resentation of the People's act the evil per- commissions observers statutory powers.
Y
sisted and recommended a series of legisla- 7. The panel called for fixing of a six month
tive measures to eradicate booth capturing, time limit for holding by-elections.
rigging and intimidation. The recommended 8. It also said that a standing committee of
EM
steps include ordering of repoll or counter- Parliament should be constituted to go into
all matter from time to time as electoral
CA IC
manding not only on the report of the
returning officer but even otherwise and
giving the Commission the power to appoint
investigation agencies, prosecuting agencies
reforms were a continuous process.
9. The committee said that it was satisfied that
the electronic voting machine was free from
and ask for the constitution of special courts. any scope of manipulation of temporability
2. The power of deciding the legal aspect of and should be used in all future general and
A N
disqualification should be taken away from, by-elections.
the Speaker or Chairman and entrusted to Indrajit Gupta Committee
the President or Governor who will act It was in June 1998 that the Indrajit Gupta
Committee was set up to go into the central
S RO
tions to Legislative Assemblies and Lok It observed that such funding should be con-
Sabha should be reduced to 21 years and fined to parties recognised as national or state
parties by the Election Commission. To begin
Legislative Councils and Council of States
with only a part of the financial burden of
C
to 25 years.
political parties may be shifted to the state. A
4. For discouraging non-serious candidates, the
greater burden could be progressively shifted to
security deposit in their cases should be the states so that ultimately all their legitimate
Rs.5,000 for Lok Sabha election and Rs.2,500 expenses become a charge on the state. The
for Assembly elections. This will be forfeited committee suggested that state funding be in
if they fail to secure one-fourth of the votes kind not cash.
instead of one sixth as at present. The
It desired the creation of a separate election
number of proposers to a nomination paper fund for meeting the expenses on state funding
filed by them should be ten, drawn from of elections. To begin with the Central Govern-
different Assembly segments. ment may contribute Rs 600 crore annually at
5. The committee has said that there should the rate of Rs 10 per elector for the total
be statutory backing for some of the im- electorate of 60 crore in the country (which has
portant provisions of the model code of since gone up to 68-70 crore). The state govern-
conduct like use of official machinery and ments all taken together may contribute a
personnel, including aircraft and ve- matching amount proportionately or Rs 600
hicles, issue of advertisement matter at crore annually according with the present fi-
CHRONICLE IAS ACADEMY 32
nancial arrangement between the Centre and cal movement compelling the British Indian
the states whereby all capital expenses on elec- Government to consider setting up of a Public
tion items are shared by them on a 50:50 basis. Service Commission for recruitment to its ser-
The Indrajit Gupta Committee said each vices in the territory. Thus, the first Public
candidate of a recognised political party be Service Commission was set up on 1 October
provided the following: 1926 by the then British Indian Government in
specified quantity of petrol or diesel for response to the demands of Indian politicians
vehicles used for an election campaign, that the superior Civil Services be Indianized.
specified quantity of paper for printing elec- The functions of this Public Service Commission
tion literature and unofficial identity slips were largely advisory and, because of this limi-
for distribution to voters, tation, it failed to satisfy the demands of Indian
postal stamps of a specified amount, political parties associated with the struggle for
five copies of electoral roll of the constitu- freedom. The British Indian government then
ency, set up a Federal Public Service Commission and
a set of loudspeakers for every Assembly provided for the formation of provincial level
constituency or for every Assembly segment Public Service Commission under the Govern-
of a parliamentary constituency, ment of India Act 1935.
subject to a maximum of six such sets for the The Constituent Assembly, after indepen-
entire parliamentary constituency, dence, saw the need for giving a secure and
one deposit-free telephone with specified autonomous status to Public Service Commis-
number of free calls for the main campaign sion both at Federal and Provincial levels for
office in every Assembly constituency/seg- ensuring unbiased recruitment to Civil Services
ment (subject to a maximum of six such as also for protection of service interests. With
telephones for the entire parliamentary con- the promulgation of the new Constitution for
stituency); and independent India on 26th January, 1950, the
minimum arrangements for his camps out-
Federal Public Service Commission was ac-
side each polling station on the day of poll.
corded a constitutional status as an autono-
The committee noted that political parties mous entity and given the title Union Public
must submit their annual accounts regularly to Service Commission.
the income tax authorities showing details of
receipts and expenditure. No state funding should Constitutional Provisions
be provided to any party or its candidates if
annual returns for the previous assessment year The Union Public Service Commission
have not been filed under the Income Tax Act. (UPSC) is the central recruiting agency in India.
It is an independent constitutional body in the
CENTRAL AND STATE PUBLIC sense that it is directly created by the Constitu-
tion of India. The Constitution contains elabo-
SERVICE COMMISSION
rate provisions regarding the composition, ap-
pointment and removal of members, powers
Union Public Service Commission and functions and independence of the UPSC.
The Union Public Service Commission Apart from UPSC, the Constitution also pro-
(UPSC) is a constitutional body in India autho- vides for a State Public Service Commission
rized to conduct examinations for appointment (SPSC) for each state and a Joint State Public
to the various Civil Services of India. The Indian Service Commission (JSPSC) for two or more
Constitution (Part XIV - Services under the states. While the SPSC is created, like UPSC,
Union and the states - Article no. 315 to 323) directly by the Constitution, a JSPSC can be
provides for a Public Service Commission for the created by an act of Parliament on the request
union and a Public Service Commission for each of the legislature of the States concerned. The
state. UPSC can also serve the needs of a state on the
Indianization of the superior Civil Services request of the state Governor and with the
became one of the major demands of the politi- approval of the President of India.
33 CHRONICLE IAS ACADEMY
There shall be a Public Service Commission (b) On the ground of misbehaviour according
for the Union and a Public Service Commission to the report of the Supreme Court which
for each State or a Joint Public Service Commis- shall hold an enquiry on this matter on a
sion for a group of States if the Parliament reference being made by the President.
provides for the establishment of such a Joint Thus, even in the case of a State Commis-
Public Service Commission in Pursuance of a sion, it is only the President who can make a
resolution to that effect being passed by the reference to the Supreme Court and make an
D LE
State Legislatures concerned. The Union Public order or removal in pursuance of the report of
Service Commission also may, with the ap- the Supreme Court. The Governor has only the
Y
proval of the President, agree to serve the needs power to pass an interim order of suspension
of a State, if so requested by the Governor of that pending the final order of the President on
State [Art. 315]. receipt of the report of the Supreme Court [Art.
EM
The number of members of the Commission 317(1)(2)].
and their conditions of service shall determined
CA IC
(a) by the President in the case of the Union or
a Joint Commission, and (b) by the Governor of
the State in the case of a State Commission;
If a members term comes to an end while
a reference under. Art. 317(1) is pending in the
Supreme Court the reference does not become
infructuous and the court must answer it.
provided that the conditions of service of a
A member shall be deemed to be guilty of
member of a Commission shall not be altered to
A N
his disadvantage after his appointment. misbehaviour
(i) if he is in any way concerned or interested
Appointment and Term of office of Members in any contract made on behalf of the
The appointment of the Chairman and Government of India or of a State; or
S RO
members of Commission shall be made(a) in (ii) if he participates in any way in the profit
the case of the Union or a Joint Commission, by of such contract or agreement or in any
the President; and (b) in the case of a State benefit therefrom otherwise than as a
Commission, by the Governor of the State. Half member and in common with other mem-
of the members of a Commission shall be per- bers of an incorporated company. [Art.317
sons who have held office under the Govern- (4)].
ment of India or of a State for at least ten years The Constitution seeks to maintain the inde-
IA H
D LE
broadly classified into three categories, that is, to such modifications as may be made by
executive, regulatory and quasi-judicial. the Legislature.
Y
The Union Public Service Commission or the (ii) It has been held by the Supreme Court that
State Public Service Commission, as the case the obligation of the Government to con-
may be, shall be consulted sult the Public Service Commission in any
of the matters specified above does not
EM
(a) on all matters relating to methods of re-
confer any right upon any individual who
CA IC
cruitment to civil services and for civil
posts,
(b) on the principles to be followed in making
appointments to civil services and posts
may be affected by any act of the Govern-
ment done without consulting the appro-
priate Commission as required by the
and in making promotions and transfers Constitution. The reason assigned by the
from one service to another and on the Court is that the consultation prescribed
A N
suitability of candidates for such appoint- by the Constitution is to afford proper
assistance to the Government, in the mat-
ment, promotions or transfers;
ter of assessing the guilt of a delinquent
(c) on all disciplinary matters affecting a per-
officer, the merits of a claim for reimburse-
S RO
D LE
(1) Chairmanship or membership of tribunals Proclamation of Emergency for the whole of
or commission; India or part thereof. Every Proclamation of
Y
(2) Post of the highest diplomatic nature, and Emergency is required to be laid before each
(3) Appointments to a bulk of Class III and House of Parliament, and is to cease to operate
Class IV employees, who constitute about at the expiration of one month from the date of
EM
98 percent of the total number of the its issue by the President unless it has in the
meantime been approved by resolutions of both
CA IC
Central government employees.
Further, it is not necessary for the govern-
ment to consult the Commission in regard to the
selection for temporary or officiating appoint-
the House. However, once approved by Par-
liament, the Proclamation may continue in
operation for six months at a time unless re-
voked by the President earlier by a subsequent
ment to a post, if the person appointed is not Proclamation. Resolutions approving the
A N
likely to hold the post for more than a year, and Proclamation of Emergency or its continuance
if it is necessary in public interest to make the have to be passed by either House of Parliament
appointment immediately and a reference to the by a majority of the total membership and not
Commission in this respect is likely to cause less than two third of those present and voting.
S RO
undue delay. Though the Commission is to be Also, if the Lok Sabha passes a resolution
informed of the action taken by an executive disapproving the Proclamation or its continu-
agency in this respect, there are instances where ance, it shall be revoked forthwith. If notice of
this facilitating provision has been misused, a resolution signed by not less than one-tenth of
thus violating the spirit of the law. the total membership is given to the President
EMERGENCY Speaker, a special sitting of the House shall be
PROVISIONS held within 14 days to consider it. . During the
periods of Emergency, extraordinary powers
IA H
The term 'Emergency' may be defined as "a may be assumed by the Union Government.
difficult situation arising suddenly and demand-
Executive powers of the Union during
ing immediate action by public authorities un-
Emergency
der powers specially granted to them by the
C
Constitution or otherwise to meet such exigen- Article 353, read with article 365 provides
cies". that once Emergency is proclaimed, the execu-
tive power of the union extend to giving of
Types of Emergency directions to any State in regard to the exercise
of the executive power of the State and failure
Broadly, the Emergency provisions of the
to comply with the directions would constitute
Constitution envisage two kinds of emergencies,
enough justification for imposition of President's
viz. rule under Article 356. During the operation of
(i) a National Emergency under article 352 due Emergency, the legislative power of Parliament
to threat of war, external aggression or also extends to conferring powers and imposing
armed rebellion and duties by law on Union authorities in matters
(ii) Financial Emergency under article 360. not otherwise included in the Union List. Under
The third kind of situation, that is, the one article 354, the application of provisions relating
under article 356 arising from a failure of the to distribution of revenues articles (268 to 279)
constitutional machinery in any particular State may be suitably modified during the period of
and necessitating President's rule. the operation of Emergency. Article 358,
CHRONICLE IAS ACADEMY 38
257 or 353, the President may hold that there has
HOW MANY NATIONAL EMERGENCIES HAS
been a failure of constitutional machinery in that
INDIA EXPERIENCED?
State and may take over the State Government
There have been three proclamations of Na- under article 356.
tional Emergency in India- Every Proclamation under Article 356 must
In October 1962 at the time of the Chinese cease to operate at the expiry of two months
aggression, unless approved by resolutions of the two Houses
In December 1971, in the wake of the war with
of the Prliament. After Parliament's approval
also, a Proclamation may continue for not more
Pakistan and
than six months at a time and not for more than
In June 1975 on ground of internal disturbance a total of three years (except Punjab)
provides for the suspension of the provisions of How the President's Rule affects State
article 19 during emergencies while article 359 Legislatures?
authorises the President to suspend by ordering The powers of the State Legislature may
the enforcement of all the Fundamental Rights under the Proclamation become exercisable by
guaranteed in Part III of the Constitution except or on the authority of Parliament. The State
the rights of protection in respect of conviction Assembly may be dissolved or kept under sus-
for offences and protection of life and liberty pended animation. The president may take all
in articles 20 and 21. other steps that may be necessary including
The effect of the exercise of powers under suspension of the operation of any constitu-
articles 358 and 359 is that not only the tional provisions relating to any body or author-
legislature but also the executive can interfere ity in the State except the High Courts. During
with the Fundamental Rights of individuals the operation of President's rule under article
except those under articles 20 and 21. Any law 356, Parliament may confer the legislative
passed under articles 358 and 359 in order to power of the State on the President and authorise
be valid must contain a recital to the effect that
him to delegate these powers to other President
it is in relation to the Proclamation of Emer-
and other authorities (Article 357)
gency in operation. Also, all such laws shall
cease to have effect to the extent of incompe-
Financial Emergency (Art. 360)
tency under the Fundamental Rights as soon as
the Emergency ceases or the Presidential order The President is authorised by article 360 of
ceases to have effect. the Constitution to declare by a Proclamation,
Financial Emergency, if he is satisfied that the
Proclamation of President's financial stability or credit of India or of any
Rule (Art. 356) part of its territory is threatened. Such a
It is the constitutional duty of the Union to Proclamation may be revoked or varied by a
protect its States against external aggression and subsequent Proclamation. It has to be laid
internal disturbance and to ensure that the before both Houses of Parliament and ceases to
Government of every State is carried on in
accordance with the Constitution (Article 355). operate at the expiration of two months unless
If on receipt of a Report from the Governor or meanwhile approved by resolutions of the two
otherwise, the President is satisfied that the House. Once approved by Parliament, unlike
Government of the State cannot be carried on in Proclamation under article 352, it may continue
accordance with the Constitution or that the indefinitely until revoked or varied.
constitution taking over any of the functions and During the operation of Financial Emer-
powers of the State Government including those
gency, the executive authority of the Union
of the Governor and other State authorities. The
satisfaction of the President, of course, means the extends to the giving of directions to any State
satisfaction of the Union Government and to observe certain specified canons of finan-
President's rule is actually rule by the Union cial propriety and such other directions that
Government. If any State fails to comply with the President may find necessary or adequate.
directions issued by the Union under article 256, These directions may include reduction of
39 CHRONICLE IAS ACADEMY
salaries and allowances of all those serving a Accordingly, in 1955, the president appointed
State and reserving for the President's consid- in Official Language Commission under the
eration all money Bills and other Bills under chairmanship of BG Kher. The commission
article 207 after these are passed by State submitted its report to the President in 1965.
legislatures. The President may also direct The report was examined by a committee of
reduction in salaries and allowances of all Parliament constituted in 1957 under the chair-
those serving in connection with the affairs of manship of Gobind Ballabh Pant. However,
D LE
the Union including judges of the Supreme another Official Language Commission (as en-
Court and the High Courts. visaged by the Constitution) was not appointed
Y
in 1960.
OFFICIAL LANGUAGE
Subsequently, the Parliament enacted the
Part XVII of the Constitution deals with the Official Language Act in 1963. The act provides
EM
official language in Articles 343 to 351. Its for the continued use to English (even after
CA IC
provisions are divided into four headsLan-
guages of the Union, Regional languages, Lan-
guage of the judiciary and texts of laws and
Special directives.
1965), in addition to Hindi, for all official
purposes of the Union and also for the transac-
tion of business in Parliament Notably, this act
enables the use of English indefinitely (without
any time-limit). Further, this act was amended
Language of the Union
A N
in 1967 to make the use to English, in addition
The Constitution contains the following to Hindi, compulsory in certain cases.
provisions in respect of the official language of
the Union. Regional Languages
S RO
1. Hindi written in Devanagari script is to be The Constitution does not specify the offi-
the official language of the Union. But, the cial language of different states. In this regard,
form of numerals to be used for the official it makes the following provisions:
purposes of the Union has to be the inter- 1. The legislature of states may adopt any
national form of Indian numerals and not one or more of languages in use in the state
the Devanagari form of numerals. or Hindi as the official language of that
2. However, for a period of fifteen years from state. Until that is done, English is to
the commencement of the Constitution
IA H
D LE
2. Every state and a local authority in the
state should provide adequate facilities for The National Commission for Scheduled
Y
instruction in the mother-tongue at the Castes, a Constitutional body monitors the safe-
primary stage of education to children guards provided for Scheduled Castes and also
belonging to linguistic minority groups. reviews issues concerning their welfare.
The president can issue necessary direc-
EM
The SCs constitute 16.23% of India's popu-
tions for this purpose. lation spread all over the country, with 80% of
CA IC
3. The president should appoint a special
officer for linguistic minorities to investigate
all matters relating to the constitutional
them living in the rural areas. They constitute
more than a fifth of the population of UP,
Punjab, Himachal Pradesh and West Bengal.
safeguards for linguistic minorities and to Punjab has the highest proportion of SCs to the
report to him. The president should place State population. More than half of the SC
A N
all such report before the Parliament and population is concentrated in the five States of
send to the state government concerned. Uttar Pradesh (35.1 million), West Bengal (18.4
Development of Hindi Language million), Tamil Nadu (11.8 million), Andhra
Pradesh (12.3 million) and Bihar (13.0 million).
S RO
stitution specifies 18 languages (originally 14 to the safeguards provided for the Scheduled
languages). These are Assamese, Bengali, Castes under this Constitution or under any
Gujarat, Hindi, Kannada, Kashmiri, Konkani, other law for the time being in force or under
Malayalam, Manipuri, Marathi, Nepali, Oriya, any order of the Government and to evaluate
Punjabi, Sanskrit, Sindhi, Tamil, Telugu and the working of such safeguard.
Urdu. Sidhi was added by the 21st Amendment To inquire into specific complaints with
Act of 1967 while Konkani, Manipuri and respect to the deprivation of rights and
Nepali were added by the 71st Amendment Act safeguards of the Scheduled Castes;
of 1962. To participate and advise on the planning
In terms of the Constitution provisions, there process of socio-economic development of
are two objective behind the specification of the the Scheduled Castes and to evaluate the
above regional languages in the Eighth Schedule: progress of their development under
(a) the members of these languages are to be the Union and any State;
given representation in the Official Language To present to the President, annually and at
Commission; and such other times as the Commission may
D LE
specific. In other words, a community declared
as Scheduled Tribe in one State need not be so Any other matter which may be prescribed.
Y
in another State. The Commission prepares its annual report,
The Commission presents an annual report giving a full account of its activities during the
to the President. The President places all the previous financial year and forward a copy
thereof to the Central Government. Annual
EM
reports before the Parliament along with memo-
randum explaining the action taken on the report and audit report to be laid before Parlia-
CA IC
recommendations made by the Commission.
The memorandum also contains the reasons for
the non acceptance of any recommendation.
ment. The Central Government shall cause the
annual report, together with a memorandum
of action taken on the advice tendered by the
Commission and the reasons for the non accep-
(c) National Commission for Backward tance, if any, of any such advice, and the audit
A N
Classes report to be laid as soon as may be after they
are received before each House of Parliament.
National Commission for Backward Classes
came into effect on the 2nd April, 1993. The Act (d) National Commission for Women
provides that the Commission shall consist of
S RO
five Members, comprising of a Chairperson who The National Commission for Women was
is or has been a judge of the Supreme Court or set up as statutory body in January 1992 under
of a High Court; a social scientist; two persons, the National Commission for Women Act, 1990
who have special knowledge in matters relating to :
to backward classes; and a Member-Secretary, review the Constitutional and Legal
who is or has been an officer of the Central safeguards for women ;
Government in the rank of a Secretary to the recommend remedial legislative measures ;
IA H
Government of India.
facilitate redressal of grievances and
Functions of the Commission:
Advise the Government on all policy matters
The Commission shall examine requests for
affecting women.
inclusion of any class of citizens as a
C
backward class in the lists and hear In keeping with its mandate, the Commis-
complaints of over-inclusion or under- sion initiated various steps to improve the status
inclusion of any backward class in such lists of women and worked for their economic em-
and tender such advice to the Central powerment during the year under report. The
Government as it deems appropriate. Commission completed its visits to all the States/
The advice of the Commission shall ordinarily UTs except Lakshdweep and prepared Gender
be binding upon the Central Government. Profiles to assess the status of women and their
Powers of the Commission: empowerment. It received a large number of
complaints and acted suo-moto in several cases
The Commission shall, while performing
to provide speedy justice.
its functions have all the powers of a civil
court trying a suit and in particular, in respect It took up the issue of child marriage, spon-
of the following matters, namely:- sored legal awareness programmes, Parivarik
summoning and enforcing the attendance of Mahila Lok Adalats and reviewed laws such as
any person from any part of India and Dowry Prohibition Act, 1961, PNDT Act 1994,
examining him on oath; Indian Penal Code 1860 and the National Com-
D LE
Supreme Court for an inquiry. If the Supreme
chief justice of India, and other members should
Court, after the inquiry, upholds the cause of
be a serving or retired judge of the Supreme
Y
removal and advises so, then the president can
Court, a serving or retired chief justice of a high
remove the chairman or a member.
court and two persons havingj knowledge or
practical experience with respect to human The salaries, allowances and other condi-
EM
rights. In addition to these full-time members, tions of services of the chairman or or a member
are determinied by the Central government.
CA IC
the commission also has three ex-officio mem-
bers-the chairmen of the National Commission
for Minorities, the National Commission for Scs
and Sts, and the National Commission for
But, they cannot be varied to his disadvantage
after his appointment.
All the above provisions are aimed at secur-
Women. ing autonomy, independence and inpartiality in
the functioning of the Commission.
A N
The chairman and members are appointed
by the president on the recommendations of a Functions of the commission
six-members committee consisting of the prime The functions of the Commission are:
minister as its head, the Speaker of the Lok To inquire into any violation of rights or
S RO
Sabha, the Deputy Chairman of the Rajya negligence in the prevention of such violation
Sabha, leaders of the Opposition in both the by a public servant, either suo motu or on
Houses of Parliament and the Central home a petition presented to it.
minister. Further, a sitting judge of the Supreme To intervene in any proceeding involving
Court or a sitting chief justice of a high court allegation of violation of human rights
can be appointed only after consulation with pending before a court.
the chief justice of India. To visit jails and detention places to study
The chairman and members hold office for the living conditions of inmates and make
IA H
a term of five years or until they attain the attain recommendation thereon.
the age of 70 years, whichever is earlier. After To review the constitutional and other legal
their tenure, the chairman and members are not safeguards for the protection of human rights
C
eligible for further employment under the Cen- and recommend measures for their effective
tral or a state government. implementation.
The president can remove the chairman or To review the factors including acts of
any other member from the office under the terrorism that inhibit the enjoyment of
following circumstances: human rights and recommend remedial
If he is adjudged an insolvent: or measures.
To study treaties and other international
If he engages, during his term of office, in
instrument on human rights and make
any paid employment outside the duties to recommendations for their effective
this office; or implementation.
If he is unfit to continue in office by reason To undertake and promote research in field
of of infirmity of mind or body; or of human rights.
If he is of unsound mind and stand so To spread human rights literacy among the
declared a competent; or people and promote awareness of the
If he is convicted and sentanced to safeguards available for the protection of
impresoment for an offence. these rights.
CHRONICLE IAS ACADEMY 46
To encourage the efforts of non- the President of India. Oath of Office is admin-
governmental organisations (NGOs) working istered by the President of India according to the
in the field of human rights. form set out in the First Schedule.
To undertake such other functions as it may CIC defines information as any material
consider necessary for the promotion of in any form including records, documents,
human rights. memos, e-mails, opinions, advices, press re-
leases, circulars, orders, logbooks, contracts,
(f) Central Information Commission reports, papers, samples, models, data material
held in any electronic form and information
The Right to Information (RTI) Act, 2005,
relating to any private body which can be
which came into force on 12 October 2005, accessed by a public authority under any other
marked a new and higher level of evolution of law for the time being in force.
Indias parliamentary democracy.
Powers and Functions of the Central Information
The Supreme Court has, in various judge- Commission
ments, held that the right to information is a
The CIC is empowered to receive and inquire
part of the fundamental right to freedom of
into complaints from any person relating to
speech and expression under Article 19 (1) of
the Constitution, since the right cannot be access to information under the control of
properly exercised if the people did not have the public authorities and to decide appeals
right to information. against the decisions of designated appellate
officers.
The clearest enunciation of the fundamental
right to information was seen in the Supreme The Commission shall impose penalties on
Court ruling in the State of U.P vs. Raj Narain erring Central Public Information Officers
in which Justice K.K. Mathew said: and recommend disciplinary action against
The people of this country have a right to those who have, without any reasonable
know every public act, everything that is done cause, denied access to information under
in a public way, by their public functionaries. the provisions of the Act.
They are entitled to know the particulars of The quantum of penalty liable to be imposed
every public transaction in all its bearing. The is Rs. 250 each day till the application is
right to know, which is derived from the con- received or information is furnished subject
cept of freedom of speech, though not absolute, to the total amount not exceeding Rs. 25,000.
is a factor which should make one wary, when The decision of the Commission on an appeal
secrecy is claimed for transactions which can, is binding and is not subject to further
at any rate, have no repercussion on public
appeal in a court of law.
security
The Commission may make recommendations
Thus the Right to Information (RTI) Act,
to public authorities not conforming to the
2005 is designed to set up a practical regime for
provisions or the spirit of the Act, specifying
citizens to access information available with
the steps which, in its opinion, they ought
public authorities, in order to promote transpar-
ency and accountability in their working. This to take for promoting such conformity.
Act provides for the constitution of the Central The Commission may, during the inquiry
Information Commission (CIC) to be respon- into any complaint, examine any record
sible for the implementation of the Act. under the control of the public authority,
Central Information Commission was con- and no such record may be withheld from
stituted by the Central Government through a it on any grounds.
Gazette Notification in October 2005. The The Commission shall recommend to the
Commission includes 1 Chief Information Com- Government every year, reforms on any
missioner (CIC) and not more than 10 Informa- matter relevant for operationalising the
tion Commissioners (IC) who are appointed by right to access information.
47 CHRONICLE IAS ACADEMY
(g) Central Vigilance Commission proved misbehaviour or incapacity, however, in
The Central Vigilance Commission (CVC) is these cases, the president has to refer the matter
to the Supreme Court for an enquiry. If the
them agancy for preventing corruption in the
Supreme Court, after the enquiry, upholds the
Central government. It was established in 1964
cause of removal and advises so, then the
by an executive resolution of the Central gov-
president can remove him. He is deemed to be
ernment. Its establishment was recommended
guilty of misbehaviour, if he (a) is concerned or
by the Santhanam Committee on Prevention of
D LE
interested in any contract or agreement made
Corruption (1962-64). by the Central government, or (b) participates
Y
Thus, originally the CVC was neither a in any way in the profit of such contract or
constitutional body nor a statutory body. Re- agreement or in any benefit or emolument
cently, in September 2003, the Parliament en- arising thereform otherwise than as a member
acted a law conferring statutory status on the and in common with the other members or an
EM
CVC. incorporated company.
CA IC
Composition
The CVC is a multi-member body consisting
of a Central Vigilance Commissioner (chairper-
The salary, allowances and other conditions
of services of the Central Vigilance Commis-
sioner are similar to those of the Chairman of
son) and not more than two vigilance commis- UPSC and that of the vigilance commissioner
sioner. They are appointed by the president by are similar to those of a member of UPSC. But
A N
warrant under his hand and seal on the recom- they cannot be varied to his disadvantage after
mendation of a three-member as its head, the his appointment.
Union minister of home affairs and the Leader Functions
of the Opposition in the Lok Sabha. They hold
S RO
(b) If he has been convicted of an offence which against any official belonging to the below
(in the opinion of the Central government ) mentaioned category of officials wherein it
involves a moral turpitdue; or is alleged that he has commited an offence
(c) If he engages, during his term of office, in under the Prevention of Corruption Act,
any paid employment outside the duties 1988:
of his office; or (a) Member of all-India services serving
(d) If he is (in the opinion of the president), unfit in the Union and Group 'A' officers of
to continue in office by reason of the Central government; and
infirmity of mind or body; or (a) Specified level of officer of the au-
(e) If he has acquired such financial or other thorities of the Central government.
interset as is likely to affect prejudicially 3. To exercise superintendence over the func-
his official functions. tioning of Delhi Special Establishment
In addition to these, the president can also (which is a part of Central Bureau of
remove the Central Vigilance Commissioner or Investigation) in so far as it relaters to the
any vigilance commissioner on the ground of investigation of offences alleged to have
D LE
particular,
duction of the Administrative Tribunals Act,
(a) to review the working of the National Plan
1985, it was mentioned that the setting up of
Y
such Administrative Tribunals exclusively would from time to time; and
go a long way in reducing the burden on the (b) to recommend measures for the achieve-
various courts and reduce pendency and would ment of the aims and targets set out in the
EM
also provide to the persons covered by the National Plan.
Administrative Tribunals a speedy and rela-
CA IC
tively cheap and effective remedy. In addition
to Central Government employees, the Govern-
ment of India has notified 45 other organiza-
Zonal Councils
Zonal Councils have been established by the
State Reorganization Act, 1956. They advise on
tions to bring them within the jurisdiction of the matters of common interest to each of the five
Central Administrative Tribunal. zones into which the territory of India has been
A N
The provisions of the Administrative Tribu- divided such as Northern, Southern, Eastern,
nals Act, 1985 do not, however, apply to mem- Western and Central. It is also an extra consti-
bers of paramilitary forces, armed forces of the tutional body. Each Zonal Council consists of
Union, officers or employees of the Supreme the Chief Minister and two other Ministers of
S RO
Court, or to persons appointed to the Secretariat each of the State in the Zone and the Admin-
Staff of either House of Parliament or the istrator in the case of the Union Territory. There
Secretariat staff of State/Union Territory Legis- is also provision for holding joint meetings of
latures. Besides the Chairman, who has been a two or more zonal councils. The Union Home
sitting or retired Judge of a High Court, the
Minister is the common chairman of all the
authorized strength of CAT consists of 16 Vice-
zonal councils.
Chairmen and 49 Members.
The Zonal Councils discuss matters of com-
IA H
State Administrative Tribunals mon concern to the states and Union Territories
The 42nd Amendment Act, 1976 also pro- comprised in each Zone, such as, economic and
vided for the establishment of State Administra- social planning, border disputes, inter-state trans-
tive Tribunals with an Act of Parliament to deal port, matters arising out of the reorganization
C
with the cases pertaining to the conditions of of States and the like, and give advice to the
service of the State employees. SATs play the Government of the State concerned as well as
same role at state level as played by CAT at the the Government of India.
Centre. Now the whole of India is divided under six
Water Disputes Tribunal zones and the states covered under each zone
are as follows :
The Water Disputes Act, 1956 provides for
1. Eastern Zone : Bihar, Jharkhand, Orissa,
the reference of an inter-state dispute for arbitra-
West Bengal, Sikkim
tion by a Water Disputes Tribunal, whose award
would be final according to Art. 262 (2A). 2. Western Zone : Gujarat, Maharashtra, Goa,
Daman, Diu & Dadra & Nagar Haveli.
COUNCILS 3. Northern Zone : Punjab, Haryana, Himachal
Pradesh, J & K, Rajasthan, Chandigarh and
National Development Council Delhi.
It is an extra-constitutional and legal body 4. Southern Zone : Andhra Pradesh, Kerala,
which was formed in 1952. Constituted of the Karnataka, Tamil Nadu and Pondicherry.
D LE
500.States to be divided
Sitting of Parliament. In-
into constituencies such
Y
demnify the President and
that one member of a con-
Vice President Election
stituency represents be-
procedure from challenge
tween 500000 and 750000
on grounds of existence of
EM
people.
any vacancies in the elec-
CA IC
4th amendment Restrictions on property
rights and inclusion of
related bills in Schedule 9
of the constitution.
toral college.
12th amendment Incorporation of Goa,
Daman and Diu as a
Union Territory, after ac-
5th amendment Provides for a consulta- quisition from Portugal.
A N
tion mechanism with con-
cerned states in matters 13th amendment Formation of State of
relating to the amend- Nagaland, with special
ments to the territorial protection under Article
371A.
S RO
D LE
37th amendment Formation of Arunachal ments enacted through
Pradesh legislative assem- Amendment Bill 42.
Y
bly. 44th amendment Amendment passed after
38th amendment Enhances the powers of revocation of internal
President and Governors emergency in the Coun-
to pass ordinances.
EM
try.
39th amendment Negated the judgement of
CA IC Allahabad High Court
invalidating Prime Minis-
ter Indira Gandhi's elec-
Provides for human rights
safeguards and mecha-
nisms to prevent abuse of
executive and legislative
tion to parliament.
authority.
Amendment placed re-
A N
Annuls some Amend-
strictions on judicial scru-
ments enacted in Amend-
tiny of post of Prime Min-
ister. ment Bill 42.
45th amendment Extend reservation for SC
S RO
D LE
National Capital of Delhi. years i.e. up to 2010.
Y
Delhi continues to be a 80th amendment Implement Tenth Finance
Union Territory. Commission recommen-
70th amendment Include National Capital dation to simplify the tax
structures by pooling and
EM
of Delhi and Union Terri-
sharing all taxes between
tory of Pondicherry in
CA IC electoral college for Presi-
dential Election.
71th amendment Include Konkani,
states and The Centre.
81th amendment Protect SC / ST reserva-
tion in filling backlog of
vacancies.
Manipuri and Nepali as
82nd amendment Permit relaxation of quali-
A N
National Languages.
fying marks and other
72nd amendment Provide reservation to criteria in reservation in
Scheduled Tribes in promotion for SC / ST
Tripura State Legislative candidates.
S RO
D LE
members of legislature is, like the British Cabi- 1985, amended Art. 101,102,190, and 191 of the
net, a hyphen which joins a buckle which Constitution regarding vacation of seats and
Y
fastens the legislative part of the State to the disqualification from membership of Parliament
executive part. Even, though the Constitution of and the State Legislatures, and added a new
India does not accept strict separation of pow- Schedule (Tenth Schedule) to the Constitution
ers it provides for an independent judiciary
EM
setting out certain provisions as to disqualifica-
with extensive jurisdiction over the acts of the tion on grounds of defection. The Tenth Sched-
CA IC
legislature and the executive.
The Cabinet, the Supreme Court of India has
said, is a hyphen which joins, or a buckle which
ule inter alia provides that:
(i) An elected member of Parliament or a
State Legislatures, who has been elected as
fastens, the Legislative part of the State to its a candidate set up by a political party, and
executive part. The Constitution in article 50, a nominated member of Parliament or a
A N
however, specifically ordains separation of the State Legislature who is a member of a
Judiciary from the Executive. The vitality and political party at the time he takes his seat
importance of the doctrine of separation of would be disqualified on the ground of
powers lies not in any rigid separation of func- defection if he voluntarily reliiquishes his
S RO
tions, but in a working synthesis with the guar- membership of such political party or
antee of judicial independence. votes or abstains from voting in the House
Accordingly, the Indian Constitution has contrary to any direction of such party;
not recognised the doctrine of separation of (ii) An independent member of Parliament or
powers in its absolute form but the functions of a State Legislature will be disqualified if he
the different parts or branches of government joins any political party after his election;
have been sufficiently differentiated and conse- (iii) A nominated member of Parliament or a
IA H
quently it can very well be said that our Con- State Legislature who is not a member of
stitution does not contemplate assumption by a political party at the time of his nomina-
one organ or part of the State, of functions, that tion and who has not become a member
essentially belong to another. The executive of any political party before the expiry of
C
indeed can exercise the powers of departmental six months from the date on which he
or subordinate legislation when such powers takes his seat shall be disqualified if he
are delegated to it by the legislature. It can also, joins any political party after the expiry of
when so empowered, exercise judicial functions the said period of six months;
in a limited way. (iv) No disqualification would be incurred
where a member claims that he belongs to
Conclusion a group representing a faction arising
Though the Constitution of India does not from a split in a party or merger of a party
formally recognize the doctrine of separation of in another, provided that in the event of
powers in its absolute rigidity, framers have a split the group consists of not less than
meticulously differentiated functioned of various one-third of the members of the legislature
organs of the government. Each organ has to party and in case of a merger of not less
function within its own sphere demarcated under than two-third of the members of the
the Constitution. The principle of "checks and legislature party and in case of a merger
balances" obtaining in our democracy necessi- of not less than two-thirds of the members
tated this. The doctrine of separation of powers of the legislature party concerned;
CHRONICLE IAS ACADEMY 58
(v) No disqualification is incurred by a person within the meaning of Article 212; and
who has been elected to the office to the (ix) Notwithstanding anything in the Constitu-
Speaker or the Deputy Speaker of the tion, no Court will have any jurisdiction in
House of the People or of the Legislative respect of any matter connected with the
Assembly of a State or to the office of the disqualification of a member of a House.
Deputy Chairman of the Council of States Paragraph 7 of the Tenth Schedule which
or the Chairman, the Deputy Chairman of bars the jurisdiction of the courts was held ultra
the Legislative Council of a State; if he vires of the Constitution by the High Court of
severe his connection with his political Punjab and Harayana, and an appeal against
party; this order was preferred by the government in
(vi) The question as to whether a member of a the Supreme Court. The Supreme Court (Kohoto
House of Parliament or State Legislature Holloian v. Zacchulliu & Others, 1991) found
has become subject to disqualification will that there were legal infirmities in the passage
be determined by the Chairman or the of the Anti-defection law inasmuch as the
Speaker of the respective House, where the Constitution Amendment Bill had not been
question is with reference to the Chairman rectified by there requisite number of State
or the Speaker himself, it will be decided by Assemblies before being presented for the
a member of the concerned House elected President's assent. Also, the Speaker's functions
by it on that behalf; under the Tenth Schedule called for a judicial
(vii) The Chairman or the Speaker of a House determination of issues under the law. The
has been empowered to make rules for process of determining the question of disquali-
giving effect to the provisions of the Sched- fication could not be considered part of the
ule. The rules are required to be laid before proceedings of the House and, as such, was not
the House and are subject to modifica- amenable to judicial review. The Supreme Court
tions/disapproval by the House; struck down Paragraph 7 of the Schedule bar-
(viii) All proceedings in relation to any question ring the jurdiction of the Courts and declared
as to disqualification of a member of a that while operating under the Anti-defection
House under the Schedule will be deemed law, the Speaker was in the position of a
to be proceedings in Parliament within the tribunal, and therefore, his decisions like those
meaning of Art. 122 or, as the case may be, of all tribunals were subject to judicial
proceedings in the Legislature of a State review.
1. Consider the following about the doctrine of following powers with the correct article men-
severability and select the correct answer: tioned in the Constitution.
i) The doctrine of severability means severing
List A List B
part of a statute which is inconsistent with
any of the constitutional provisions and A. Parliament's I. Article 266 (3)
particularly the provisions of fundamental Control over Legislation
rights.
B. Parliament's II. Article 75
ii) Supreme Court of India considered the doc-
trine of severability for the first time in Control over Executive
Kesavananda bharati Case. C. Parliament's III. Article 253
iii) The severability of the valid and invalid pro- Control over Finance
visions of a Statute does not depend on
whether provisions are enacted in same Codes:
section or different section; it is not the form (a) A-III; B-II; C-I (b) A-II; B-I; C-III
but the substance of the matter that is to be
(c) A-III; B-I; C-II (d) A-II; B-III; C-I
considered.
4. A Bill becomes an Act after being duly passed
Codes : -
by both the houses of Parliament and given an
(a) All of the above (b) i and ii assent by the President. According to the In-
(c) i and iii (d) i only dian Constitution the President has the veto
powers over the Bills passed by the Parliament.
2. Match the following: Match the followings:
Indian Polity
Chronicle IAS Academy 1
fected by the changes proposed in the bill, interet.------------------------Article 301
for expressing its views on the changes.
C. The Legislative of the State should express Select the answer from the code given below:
its views within the period specified by the (a) Only I is correct (b) Only II is corect
President. (c) Only III is corect (d) All are correct
D. The President is bound by the views of the 8. In which of the following important matters
State Legislature. in respect of that both Houses (Rajya Sabha
And Lok Sabha) enjoy equal powers?
E
Which of the following statement is/are cor- I. Election and impeachment of the President
rect?
II. Election and impeachment of the Vice-
Y
(a) A, B and C (b) A and B only President
AD L
(c) B only (d) All of them III. Approving the Proclamation of emergency
and the the Proclamation regarding failure
6. Which of the following statements regarding of constitutional machinery in States
EM
the President of India is false?
C
1. The President shall be elected by the mem- Select the correct answer from below:
bers of an electoral college consisting of- (a) Only I and II (b) Only I and III
the elected members of both Houses of Par-
liament; and the elected members of the (c) Only II and III (d) All I, II and III
AC I Legislative Assemblies of the States.
9. The Council of Ministers and Cabinet are often
2. The supreme command of the Defence used interchangeably though there is a definite
Forces of the Union shall be vested in the distinction between them. Which of the follow-
S ON
President and the exercise thereof shall be ing is NOT included in the Council of Minis-
regulated by law. ters?
3. Every elected member of the Legislative As- I. The Council of Ministers is collectively re-
sembly of a State shall have as many votes sponsible to the Lower House of the Parlia-
as there are multiples of one thousand in ment.
the quotient obtained by dividing the popu-
II. It deals with all major legislative and fi-
lation of the State by the total number of
nancial matters.
the elected members of the Assembly.
III. It is a constitutional body, dealt in detail by
4. The election of the President shall be held
the Article 74 and 75 of the Constitution.
in accordance with the system of propor-
IA R
tional representation by means of the single IV. It was inserted in the Article 352 of the
transferable vote and the voting at such Constitution in 1978 by the 44th Constitu-
election shall be by open ballot. tional Amendment Act.
Codes:
(a) 1, 2 and 3 (b) 3 and 4 (a) Only I, II and III (b) Only II and IV
(c) Only 4 (d) None of the above (c) Only I, II and IV (d) All II, III and III
7. Which of the following pairs is/are correctly 10. The Indian Parliament exercises final control
matched? on Public Finance through
I. Parliament can provide for grants-in-aid to (a) Public Accounts Committee
states by the Centre. Such sums are charged (b) Ministry of Finance
on the Consolidated Fund of India.---------
--------------------------Artcle 275 (c) Comptroller and Auditor General of India
II. The Centre can grant loans to states and (d) Estimates Committee
also give guarantee in respect of loans raised
by them. --------------------Article 282 11. Which of the following statements is not cor-
rect regarding the functions and powers of the
III. Parliament can impose restrictions on Iner- Comptroller and Auditor General of India?
state trade and commerce in the public
2 Indian Polity
(a) He examines the accounts of the Union 1. The Finance Commission consists of a
Government and submits his report to the Chairman and four other members to be
President. appointed by the President on the advice
of the Council of Ministers.
(b) He examines the accounts of the state gov-
ernments and submits his reports to the 2. The chairman should be a person having
Governors. specialised knowledge of Finance and the
members should have experience in public
(c) He does not exercise any administrative
affairs.
control over the offices of the auditors
working in the states. 3. Finance Commission also makes recommen-
dations to the President on the matters
(d) Any information asked by the Parliament
relating to the principles that should gov-
can only be given by CAG through PAC.
ern the grant-in-aid to the states by the
centre.
12. Consider the following statements:
(i) The governor has the power to suspend, 4. Recommendations made by the Finance
remit or commute a sentence of death, if Commission are binding on the govern-
conferred by law. ment.
(ii) President has the pardoning power in re-
Codes:
spect of all cases of punishment by a Court
(a) 1 and 2 (b) 2 and 4
Martial.
(c) 3 and 4 (d) 1 and 3
(iii) As regards law in the concurrent sphere,
the jurisdiction of President is concurrent
with that of the governor. 15. Consider the following provisions regarding ad-
ministration of Union Territories and Acquired
(iv) The only authority for pardoning a sen- Territories:
tence of death is the President. (i) All the Union Territories are administered
by an Administrator as the agent of the
Which of the above statements are correct? President and not by a Governor acting as
(a) (ii), (iii) and (iv) the head of the state.
(b) (i), (ii) and (iv) (ii) The Government of Delhi has all the legis-
(c) (ii) and (iv) lative power in the state list except on
Public order, Police and land.
(d) All are correct.
(iii) Provisions relating to the Union Territories
13. Consider the following two statements regard- extend to the administration of Acquired
ing Consolidated Fund of India: Territories.
1. The estimates that relate to the expendi- (iv) Parliament may, by law, constitute a High
ture charged upon the consolidated fund Court for a Union Territory.
of India shall not be submitted to the vote
of the Parliament. Which of the above statements are correct?
2. Parliament is not empowered to discuss ex- (a) (i), (iii) and (iv) (b) (ii), (iii) and (iv)
penditure charged upon the consolidated (c) (i), (ii) and (iv) (d) All are correct.
fund of India.
16. Which of the following financial powers are
Which of the options is correct? enjoyed by the Governor?
(a) 1 only (i) All the demands for grants are presented
(b) 2 only before the state legislature on the recom-
mendation of the Governor.
(c) Both are correct
(ii) He is in charge of the Contingency Fund of
(d) Both are incorrect the state and can make advances out of it
to meet unforeseen expenditure.
14. Consider the following statements about the Fi-
nance Commission and select the correct ones: (iii) The supplementary grants, if any, are pre-
sented before the state legislature on the
Indian Polity 3
recommendation of the governor. the President and the Vice-President.
(iv) He can order the reduction of salaries and (ii) Will get all allowances and privileges of the
allowances of the state civil servants dur- President.
ing the President's rule in the state.
(iii) Should continue to work as the Chairman
of Rajya Sabha
Codes:
(a) (i) and (iv) Which of the above statements is/are correct?
(b) (ii), (iii) and (iv) (a) (i), (ii) and (iii) (b) (i) and (ii)
E
(c) (i), (ii) and (iii) (c) (ii) and (iii) (d) (ii) only
Y
(d) (i), (ii) (iii) and (iv)
21. What are the Rights Implicit under Art (19).
AD L
17. Which of the following statements regarding 1. Right of a convict to express himself before
ministers is NOT correct? media.
EM
(a) A minister can be a member of either House 2. Right to commercial advertisement.
of the Parliament, but he is liable to vote
C
3. Furling of National Flag.
only in the house to which he belongs.
4. Voters have right to know / Rights to in-
(b) Deputy Minister cannot hold independent
formation
charges but is paid salary equal to that of
Cabinet Ministers. 5. Rights to Bandh.
AC I
(c) Minister of States cannot attend cabinet
Codes:
meeting unless invited.
a. 1,2,3,4,5 b. 1,2,3,4
S ON
(d) A person, not a member of any House, can
be made minister for 6 months. c. 2,3,4,5 d. 3,4,5
18. In which of the following aspects, does the Fi- 22. Which of the following statements is/are cor-
nance Commission differ from the Planning rect?
Commission? 1- Estimates Committee comprising of 30 mem-
1. Legal status bers, all from Lok Sabha, is a Committee of
Lok Sabha.
2. Composition
2- Public Accounts Committee and Commit-
3. Tenure tee on Public Undertaking which though
IA R
Indian Polity 5
INDIAN POLITY
(ANSWERS)
CHRONICLE
IAS ACADEMY
A CIVIL SERVICES CHRONICLE INITIATIVE
Y
1 (a) 14 (c)
E
2 (a) 15 (c)
EM
AD L
3 (a) 16 (a)
C
4 (d) 17 (d)
AC NI
5 (c) 18 (d)
6 (a) 19 (a)
S O
7 (b) 20 (b)
8 (e) 21 (b)
IA R
9 (a) 22 (c)
CH
10 (a) 23 (b)
11 (a) 24 (b)
12 (b) 25 (b)
13 (d)
1. What will follow if a Money Bill is substantially 4. Consider the following statements:
amended by the Rajya Sabha?
(a) The Lok Sabha may still proceed with the Attorney General of India can
Bill, accepting or not accepting the recom- 1. take part in the proceedings of the Lok
mendations of the Rajya Sabha. Sabha.
(b) The Lok Sabha cannot consider the Bill 2. be a member of a committee of the Lok
further. Sabha.
(c) The Lok Sabha may send the Bill to the 3. speak in the Lok Sabha.
Rajya Sabha for reconsideration. 4. vote in the Lok Sabha.
(d) The President may call a joint sitting for
passing the Bill. Which of the statements given above is/are
correct?
2. Which one of the following statements is cor- (a) 1 only
rect? (b) 2 and 4
(a) In India, the same person cannot be ap-
pointed as Governor for two or more States (c) 1, 2 and 3
at the same time. (d) 1 and 3 only
(b) The Judges of the High Court of the States
in India are appointed by the Governor of 5. Which of the following bodies does not/do not
the State just as the Judges of the Supreme find mention in the Constitution?
Court are appointed by the President. 1. National Development Council
(c) No procedure has been laid down in the 2. Planning Commission
Constitution of India for the removal of a 3. Zonal Councils
Governor from his/her post.
(d) In the case of a Union Territory having a Select the correct answer using the codes given
legislative setup, the Chief Minister is ap- below.
pointed by the Lt. Governor on the basis of (a) 1 and 2 only
majority support. (b) 2 only
3. Consider the following statements (c) 1 and 3 only
1. An amendment to the Constitution of In- (d) 1, 2 and 3
dia can be initiated by an introduction of a
bill in the Lok Sabha only. 6. The Parliament can make any law for whole or
2. If such an amendment seeks to make any part of India for implementing international
changes in the federal character of the treaties
Constitution, the amendment also requires (a) with the consent of all the States.
to be ratified by the legislature of all the
(b) with the consent of the majority of States.
States of India.
(c) with the consent of the States concerned.
Which of the statements given above is/are
(d) without the consent of any State.
correct?
(a) 1 only 7. The Government enacted the Panchayat Exten-
(b) 2 only sion to Scheduled Areas (PESA) Act in 1996.
Which one of the following is not identified as
(c) Both 1 and 2
its objective?
(d) Neither 1 nor 2
Indian Polity 1
(a) To provide self-governance. (a) 1 only (b) 1 and 2 only
(b) To recognize traditional rights. (c) 2 and 3 only (d) 1, 2 and 3
(c) To create autonomous regions in tribal ar-
eas. 12. In the Parliament of India, the purpose of an
adjournment motion is
(d) To free tribal people from exploitation. (a) To allow a discussion on a definite matter
of urgent public importance
8. Under the Scheduled Tribes and Other Tradi-
(b) To let opposition members collect informa-
E
tional Forest Dwellers (Recognition of Forest
Rights) Act, 2006, who shall be the authority to tion from the ministers
initiate the process for determining the nature (c) To allow a reduction of specific amount in
Y
and extent of individual or community forest demand for grant
rights or both?
AD L
(d) To postpone the proceedings to check the
(a) State Forest Department
inappropriate or violent behaviour on the
(b) District Collector/Deputy Commissioner part of some members.
EM
C
(c) Tahsildar /Block Development Officer /
Mandai Revenue Officer 13. Consider the following provisions under the Di-
rective Principles of State Policy as enshrined in
(d) Gram Sabha the Constitution of India:
1. Securing for citizens of India a uniform civil
AC I
9. 'Economic Justice' the objectives of Constitution
has been as one of the Indian provided in
code
2. Organizing village Panchayats
(a) the Preamble and Fundamental Rights.
3. Promoting cottage industries in rural areas
S ON
(b) the Preamble and the Directive Principles
of State Policy. 4. Securing for all the workers reasonable lei-
sure and cultural opportunities
(c) the Fundamental Rights and the Directive
Principles of State Policy.
Which of the above are the Gandhian Principles
(d) None of the above. that are reflected in the Directive Principles of
State Policy?
10. According to the Constitution of India, which (a) 1 , 2 and 4 only (b) 2 and 3 only
of the following are fundamental for the gover-
nance of the country? (c) 1,3 and 4 only (d) 1, 2, 3 and 4
IA R
2 Indian Polity
2. He/she need not be a member of the House Fund of India only after passing the Ap-
at the time of his/her election but has to propriation Bill
become a member of the House within six
3. Provisions of supplementary grants and
months from the date of his/her election.
vote-on-account
3. If he/she intends to resign, the letter of his/
4. A periodic or at least a mid-year review of
her resignation has to be addressed to the
programme of the Government against
Deputy Speaker.
macroeconomic forecasts and expenditure
by a Parliamentary Budget Office
Which of the statements given above is/are
correct? 5. Introduction Finance Bill in the Parliament
(a) 1 and 2 only (b) 3 only
Select the correct answer using the codes given
(c) 1, 2 and 3 (d) None below:
(a) 1, 2, 3 and 5 only (b) 1, 2 and 4 only
16. Which of the following are included in the origi-
nal jurisdiction of the Supreme Court? (c) 3, 4 and 5 only (d) 1, 2, 3, 4 and 5
1. A dispute between the Government of In-
dia and one or more States 19. Which of the following provisions of the Con-
stitution of India have a bearing on Education?
2. A dispute regarding elections to either 1. Directive Principles of State Policy
House of the Parliament or that of Legisla-
ture of a State 2. Rural and Urban Local Bodies
Select the correct answer using the codes given Select the correct answer using the codes given
below: below:
(a) 1 and 2 (b) 2 and 3 (a) 1 and 2 only (b) 3, 4 and 5 only
(c) 1 and 4 (d) 3 and 4 (c) 1, 2 and 5 only (d) 1, 2, 3 4 and 5
17. Which of the following special powers have 20. In India, other than ensuring that public funds
been conferred on the Rajya Sabha by the Con- are used efficiently and for intended purpose,
stitution of India? what is the importance of the office of the
(a) To change the existing territory of a State Comptroller and Auditor General (CAG)?
and to change the name of a State 1. CAG exercises exchequer control on behalf
of the Parliament when the President of
(b) To pass a resolution empowering the Par-
India declares national emergency/finan-
liament to make laws in the State List and
cial emergency.
to create one or more All India Services
2. CAG reports on the execution of projects
(c) To amend the election procedure of the
or programmes by the ministries are dis-
President and to determine the pension of
cussed by the Public Accounts Committee.
the President after his/her retirement
3. Information from CAG reports can be used
(d) To determine the functions of the Election by investigating agencies to press charges
Commission and to determine the number against those who have violated the law
of Election Commissioners while managing public finances.
18. Which of the following are the methods of Par- 4. While dealing with the audit and account-
liamentary control over public finance in In- ing of government companies, CAG has
dia? certain judicial powers for prosecuting
those who violate the law.
1. Placing Annual Financial Statement before
the Parliament
Which of the statements given above is/are
2. Withdrawal of moneys from Consolidated correct?
Indian Polity 3
(a) 1, 3 and 4 only (b) 2 only 4. The Report of the National Commission for
Scheduled Castes.
(c) 2 and 3 only (d) 1, 2, 3 and 4
Select the correct answer using the codes given
21. The Prime Minister of India, at the time of his/
below:
her appointment:
(a) 1 only (b) 2 and 4 only
(a) Need not necessarily be a member of one
of the Houses of the Parliament but must (c) 1, 3 and 4 only (d) 1, 2, 3 and 4
become a member of one of the Houses
E
within six months. 24. A deadlock between the Lok Sabha and the
Rajya Sabha calls for a joint sitting of the Par-
(b) Need not necessarily be a member of one
liament during the passage of
Y
of the Houses of the Parliament but must
become a member of the Lok Sabha within 1. Ordinary Legislation
AD L
six months 2. Money Bill
(c) Must be a member of one of the Houses of 3. Constitution Amendment Bill
EM
the Parliament.
C
(d) Must be a member of the Lok Sabha. Select the correct answer using the codes given
below:
22. With reference to the Delimitation Commission, (a) 1 only (b) 2 and 3 only
consider the following statements: (c) 1 and 3 only (d) 1, 2 and 3
AC I
1. The orders of the Delimitation Commission
cannot be challenged in a Court of Law. 25. How do District Rural Development Agencies
(DRDAs) help in the reduction of rural poverty
2. When the orders of the Delimitation Com-
S ON
in India?
mission are laid before the Lok Sabha or
State Legislative Assembly, they cannot 1. DRDAs act as Pancyayati Raj Institutions
effect any modifications in the orders. in certain specified backward regions of the
country.
Which of the statements given above is/are 2. DRDAs undertake area-specific scientific
correct? study of the causes of poverty and malnu-
(a) 1 only (b) 2 only trition and prepare detailed remedial mea-
sures.
(c) Both 1 and 2 (d) Neither 1 nor 2
3. DRDAs secure inter-sectoral and inter-de-
IA R
23. According to the Constitution of India, it is the partmental coordination and cooperation
duty of the President of India to cause to be for effective implementation of anti-poverty
laid before the Parliament which of the follow- programmes.
ing? 4. DRDAs watch over and ensure effective
1. The Recommendations of the Union Fi- utilization of the funds intended for anti-
CH
4 Indian Polity
POLITY UPSC QUESTIONS
(ANSWERS)
CHRONICLE
IAS ACADEMY
A CIVIL SERVICES CHRONICLE INITIATIVE
Y
1 (a) 14 (d)
E
2 (c) 15 (b)
EM
AD L
3 (d) 16 (c)
C
4 (c) 17 (b)
AC NI
5 (d) 18 (a)
6 (d) 19 (a)
S O
7 (a) 20 (c)
8 (d) 21 (a)
IA R
9 (b) 22 (c)
CH
10 (c) 23 (c)
11 (d) 24 (a)
12 (a) 25 (b)
13 (d)
Indian Polity 1