INDIAN POLITY

29. CONSTITUTIONAL DEVELOPMENTS

CONSTITUTIONAL ACTS

Regulating Act, 1773

 Also known as the Act of Settlement.

 The first step taken in consolidation o British rule in India.
 Laid the foundation of central administration in India.
 The Governor of Bengal was made the Governor General of Bengal and to
assist him a council of four members was constituted.
 The Governors of Madras and Bombay presidencies were subordinated to
him.
 A Supreme Court was established at Calcutta in 1774 that had one chief
justice and three judges.
 This Supreme Court was independent of the Governor General and the
council.

Pitt’s India Act, 1784

 Established a system of double Government.

 For the first time the company’s territories in India were called British
Possessions.
 Indian affairs came under the direct control of the British Government.
 A new body Board of Control was appointed for managing political maters.
 The members in the Governor General’s Council were decreased to three.
 The company was asked to follow the policy of non-intervention.
Charter Act, 1793

 This Act empowered the Governors to act against the wishes of their
council, in certain special conditions.
 The monopoly of trade with India for another twenty years was given to the
company.

Charter Act, 1813

 This Act deprived the company of the monopoly of trade in India.

 The there councils of Madras, Bombay, and Calcutta were given enlarged
power, but subjected to greater control of the British parliament.
 All regulations made by the three councils were required to be placed before
the parliament.

Charter Act, 1833

 This beginning of building a Constitution during the British rule in India.

 It made the Governor General of Bengal as the Governor General of India.
 The government of the Governor General was called as the Government of
India and his council the Indian Council.
 The East India Company was transformed from a commercial body into and
administrative body.
 Lord William Bentick was the first Governor General of India.
 The laws under this Act were called as Acts. Whereas those made under the
previous acts were called as regulations.

Charter Act, 1853

 This Act separated the legislative and executive functions of the Governor
General’s Council for the first time.
 The system of competitive examination was introduced in the civil service
examination. The covenanted civil service was appointed in 1854.
 The British Parliament was given the power to give the administration of
India to the British Crown at any time of discretion.
  Six additional members were appointed to the Executive Council of the
Governor General, four among which being appointed by local government
of Bengal, Bombay, Madras, and Agra.

Government of India Act, 1858

 This Act known as the Act for the Good Government of India.
 This Act abolished the East India Company. The power of the government,
territories, and revenues of India were transferred to the British Crown.
 The Board of Directors and the Board of Control were abolished. All the
rights were given to the Secretary of State for India, who was a member of
the British Parliament and the cabinet.
 The Secretary of State for India was assisted by a council that was called the
Indian Council, having fifteen members.
 The Secretary of State was bound to act according to the wishes of the
Indian Council in the services and economic affairs. In other affairs he had
discretionary powers.

Indian Councils Act, 1861

 First time introduction of the representative institutions in India.

 It enabled the Governor General to associate the Indians with the work of
legislation by nominating them to his expanded council.
 It decentralized the legislative powers of the Governor General’s Council
these were vested in the Governments of Bombay and Madras.
 It gave the Governor General the power to frame rules for more convenient
transaction of business in council.
 It accorded the statutory recognition to the portfolio system.
 This policy of legislative devolution resulted in almost complete internal
autonomy to the provinces in 1937.

Indian Council Act, 1892

 Increase in the number of additional members in the Governor General’s

Council and in provincial legislative assembly.
  Along with the legislative function, the councils were now allowed
discussions on the annual financial statement with certain conditions and
restrictions.
 The members of the Legislative Council continued to be nominated by
Governor General and the Governors. But a provision was made to nominate
them on the basis of recommendation of organized associations like,
Calcutta Chamber of Commerce, Zamindar Association, etc. thus, this Act
the provisions for indirect election for the members of the Legislative
Council.

Indian Council Act, 1909

 This act is known as Morley-Minto Reforms.

 The number of members in the Legislative Council both at the center an the
provincial level were increased.
 The number of members in the Legislative Council was increased to sixty.
 Satyendra Prasad Sinha became the first Indian to join the Executive
Council of the Viceroy.
 At the center, official members were in majority but in provinces, the non-
official members included non-official nominated members as well among
them.
 For the first time, it was this Act that provided for the separate
representation of the Muslim community.
 The powers of the Legislative Councils were also enhanced, its members
were permitted to vote on them except in case of non-votable items.
 This Act legalized communalism and Lord Minto came to be known as the
Father of Communal Electorate.

Government of India Act, 1919

 This Act is also known as Montagu-Chelmsford Reforms.

 Dyarchy at the provinces was established. The administration subjects were
divided into two categories-Central and Provincial. The provincial subjects
were further sub-divided into transferred and reserved subjects.
 There was a relaxation of the central control over the provinces in
administrative as well as in legislative and financial matters.
  The Governor General was given freedom to nominate as many members to
the Executive Council as he desired. The councilors were nominated for five
years.
 The Central Legislature consisted of two houses.
 The Council of State composed of 60 members out of whom 34 were
elected. A lower house, named the Legislative Assembly, composed of
approximately 144 members of whom 104 were elected. The powers of both
the houses were kept equal except that the power to vote supply was given
exclusively to the Legislative Assembly.

Government of India Act, 1935

 This Act prescribed a federal government considering provinces and

princely states as units.
 The administrative subjects were abolished and the abolished and the
provincial autonomy introduced in it’s place. This introduced responsible
government at the provinces.
 Diarchy was adopted at the centre and the federal subjects were divided into
the reserved subjects and the transferred subjects.
 This Act introduced bicameralism in six out of eleven provinces,
comprising a Legislative Assembly and a Legislative Council. The six
provinces were Bombay, Bengal, Madras, Bihar, Assam, and the United
Provinces.

Indian Independence Act, 1947

 This Act declared India as an independent and sovereign state ending the
British rule.
 It created two independent dominions-India and Pakistan.
 The office of the Secretary of State for India was abolished. His functions
were transferred to the Secretary of State for Commonwealth Affairs.
 It assigned dual function, i.e., Constitutional and Legislative to the
Constitutional Assembly formed in 1946.
 The office of the Viceroy was abolished and the king appointed a Governor
General for each dominion.
 MAKING OF THE CONSTITUTION

CONSTITUENT ASSEMBLIES

 The constituent Assembly that was elected for undivided India held its first
meeting on December 9, 1946.
 It was elected by an indirect election by the members of provincial
legislative assemblies (lower house only).
 In June 1947, delegations from the provinces of Sindh, East Bengal,
Baluchistan, west Punjab, and the North West Frontier Province formed the
Constituent Assembly of Pakistan in Karachi.

Members of Constituent Assembly

 Dr Sachidananda Sinha was elected temporary president o the Constituent

Assembly on December 9, 1946.
 Latter on Dr Rajendra Prasad became the president on December 11, 1946.
 The Vice-president of the Constituent Assembly was Professor harendra
Coomar Mookerjee (former Vice-Chancellor of Calcutta university and a
prominent Christian freom Bengal who also served as the chairman of the
Minorities Committee of the Constituent Assembly). He was also appointed
governor of West Bengal after India became a republic.
 On Augustst 29, 1947 , the Constituent Assembly appointed a Drafting
Committee under the chairmanship of Dr Ambedkar with the following
members:
 N. Gopalsamy Iyangar.
 Alladi Krishnaswamy Iyer.
 K.M. Munshi.
 Mohammed Sadayuthulla.
 B.L.Mitter (later replaced by Mr. Madhava Rao)
 Dr.D.P. Khaitan (replaced by Sri. T.T. Krishnamachari after death)
Sources of Constitution

The Constitution of India has been drawn extensively from the western legal
tradition in its enunciation of the principles of a liberal democracy. It has adopted
the following features from other constitutions:

Government of India Act, 1935

 Federal scheme
 Office of governor
 Judiciary
 Public service commission
 Emergency provisions
 Administrative details

PREAMBLE OF THE CONSTITUTION

 It is an introduction to the constitution.

 It is the key to know minds of the markers of constitution
 It contains themes and philosophy which are. co-terminus principles of
freedom struggle and aspirations of people.

NATURE OF PREAMBLE

 It is non- justiciable, that is, it can’t be enforced in court of law.

 It is non-operative part of a constitution.
 It neither confers substantive power nor limits executive and judiciary.
 Government and judiciary derive their power from respective provisions of
constitution. Any provision that can be interpreted in more than one manner
which will be accepted of it is in consequence with preamble.
 It helps the judiciary in making decisions.
 It helps the states in deciding directions of their policies
IDEALS AND ASPIRATIONS OF PREAMBLE

Ideals are the means to achieve goals. Following are the ideals of the preamble:

1. Sovereignty

It means supreme political power of state which is unlimited and uncontrolled.

India is neither a dependency nor a dominion of any other nation and its free to
conduct is own affairs (both internal and external).

2. Socialist

The ownership control of resources is with the society and Indian socialism is
“democratic socialism” and not a “communistic socialism”. As the Supreme Court
says, “Democratic socialism aims to end poverty, ignorance, disease, and
inequality of opportunity. Indian socialism is a blend of Marxism and Gandhism,
leaning heavily towards Gandhian socialism.”

The socialist goals are found in the Directive principles and State policy of the
constitution.

1. Article 39-B

The government shall take steps to provide equitable distribution of resources.

2. Article 39-c

Prevention of concentration of wealth to common deterrents (in few hands).

3. Secularism

Indian secularism is base on ‘Sarv Bharm Sambhav’. i.e. all religions are equal.
The Indian constitution embodies the positive concept of secularism, i.e., all
religions in our country (irrespective of their strength) have the same status and
support from the state and accordingly Articles 25 to 28 (guaranteeing the
fundamental right to freedom of religion) have been included in the comstitution.

4. Democratic

A Democratic polity is based on the principle that the possession of supreme power
is vested with the people.
Democracy

It is the government of the people, for the people, by the people. It is a political
democracy i.e. democratic government based on one-man-one vote type of
universal adult franchise (Article 326)/.

Social Democracy

This implies equal opportunity to men and women irrespective of their caste.

Economic Democracy

This implies equitable distribution of resources.

5. Republic

In a Republic, the Head of state is elected by the state directly or indirectly. It is

not based on heredity. A Republic also means two more things:

 first, vesting of political sovereignty in the people and not in a single

individual like a king.
 Second, the absence of any privileged class and hence all public offices
being opened to every citizen without any discrimination.

6. Justice

The term ‘justice’ in the Preamble embraces three distinct forms-social economic,
and political-secured through various provisions of Fundamental Rights and
Directive Principles.

Social Justice

This implies that there is no discrimination of the citizens on the basis of artificial
classification like untouchability, abolition of titles, etc.

Political Justice

This implies that all citizens should have equal political rights, equal access to all
political offices, and equal voice in the government. For example, Article 326
gives provistion for universal adult franchise.

Economic Justice
This implies that there is no discrimination of the citizens on economic basis and
there is equitable distribution of resources.

7. Liberty

It means opportunities for the development of the individual without any restraints
on his or her activity. For example.

(i) Freedom of thought and expression (Article 191-(a)).

(ii) Freedom of belief, faith, and worship.

(iii) Right to Freedom to religion Article (25-20)

a) Freedom from undue or arbitrary restraint especially by government.

b) Freedom of individual to do what he considers best for himself, provided he
does not violates the rights of other individuals.

8. Equality

It means absence of special privileges to any section of the society, and the
provision of adequate opportunities for all individuals without any discrimination.

9. Fraternity

It means promotion of brotherhood among people. Fraternity also ensures dignity

of individual and unity and integrity of the nation.

30. THE UNION AND ITS TERRITORY

ARTICLES

Article 1 to Article 4 of the Constitution of India deals with the union and its
territories:

Article 1

Name and territory of the Union

 India, i.e., Bharat, shall be the Union of States.

 The names of states and the territories thereof shall be exactly as specified in
the first schedule.
 The territory of India shall be classified into three categories:
 The territories of the states.
 The Union territories specified in the first schedule.
 Such other territories as may be acquired.

Article 2

Parliament may by law admit into the Union, or establish, new states on terms and
conditions as it think\s fit.

Article 3

Formation of new states and alteration of area, boundaries or names of existing

states, therefore, parliament by law may:

1) Form a new state by separation of a territory from any state or by uniting

two or more states or parts of state or by uniting any territory to a part of any
state.
2) Increase the area of any state
3) Diminish the area of any state
4) Alter the boundaries of any state
5) Alter the name of any state

Given that no bill for the purpose shall be introduced in either House of parliament
except on the recommendation of the president and unless, where the proposal
contained in the Bill affects the area, boundaries or the name of any of the estate
for expressing its views within such further period as the President may allow an
the period so specified or allowed has expired.

REORGANISATION OF STETES

 At the time of Independence, India was divided into British India

provinces and Indian princely states.
 Of the 552 princely states situated within the geographical boundaries of
India, 549, joined India and the remaining 3 (Hyderabad, Junagarh, and
Kashmir) joined India later.
 Sardar Vallabh Bhai Patel, Home Minister in the National Provisional
Government, and V.K. Menon (Home Secretary) through their persuasive
an punitive measures, integrated a large number of states with the Indian
Union.

ARTICLE 4

Provides that any law referred in Article 2 or Article 3 should contain provisions
for amendment of first and fourth schedule of the constitution without going
through procedure as prescribed by Article 368.

CITIZENSHIP

part-II of the Constitution from Article 5 to Article 11 deals with the citizenship.

CITIZENSHIP ACT, 1955

Indian citizenship Act 1955 prescribes the modes of acquisition of citizenship:

Citizenship by Birth

 Every person born in India on or after 26 January, 1950 shall be a citizen of

India by birth.

Citizenship by Descent

 A person born outside India on or after January 26 1950 shall be a citizen of

India by dissent if his father is a citizen of India at the time of his birth.
Citizenship by Registration

 A non-citizen can apply for citizenship of India and can be registered by the
prescribed authority by the following conditions:
 Is a person of Indian origin and has spent five years in India
 Foreign women married to an Indian citizen
 Minor children of Indian parents

Citizenship by Naturalization

 A foreigner can acquire Indian citizenship on application for naturalization

to the Government of India shall specify persons of the territory who shall be
the citizens of India.

Citizenship by Incorporation of Territory

 When any foreign territory is added to Indian Union people of that territory
automatically become Indian citizens.

LOSS OF CITIZENSHIP

A person can lose citizenship under the constitution(by the Citizenship Act
1955) in three ways:

i. Renunciation
ii. Termination and
iii. Deprivation.

PEOPLE OF INDIAN ORIGIN (PIO)

According to a comprehensive scheme launched by the Government of India the

following people, settled anywhere throughout the world, are eligible to have PIO
card and therefore,

 Card holders can visit India without any visa.

 The card is to be valid for fifteen years.
 They will enjoy similar benefits as(Non-Resident Indian) NRIs in
economic, financial, and educational matters but are not allowed to have
political rights
  People of Indian origin from Pakistan and Bangladesh are not entitled
to it.

DUAL CITIZENSHIP

 Increasing demand and expectations for dual citizenship for people of Indian
origin in North America, Europe, Australia, New Zealand, Singapore, and
few other countries has been seen.
 On the occasionof the first Pravasi Bhartiya Diwas on January 9, 2003,
Honourable Prime Minister Shiri Atal Bihari Vajapayee made an
announcement to grant dual citixenship to PIOs. This was passed by the
Indian Parliament unanimously in December 2003.
 The concept of dual citizenship, now phrased as Overseas Citizenship will
grant overseas citizenship to people of Indian origin belonging to certain
countries as well as Indian citizens who may take up the citizenship of these
countries in future.
 At present this facility is being extended to PIOs of sixteen specified
countries, namely, Australia, Ireland, Israel, Italy, Netherlands, New
Zealand, Portugal, Republic of Cyprus, Sweden, Switzerland, United
Kingdom, United States of America, Canada, Finland, France, and Greece.

CITIXENSHIP AMENDEMENT ACT, 2005

 Makes provisions fore dual citizenship for PIO by amending the Citizenship
Amendment Act of 1955.
 The eligibility provision is being extended to such citizens of all other
countries other than those who had been a citizen of Pakistan and
Bangladesh.

PART III OF THE CONSTITUTION FUNDAMENTAL RIGHTS

 Based on the Bill of Rights of the USA.

  Called as the fundamental rights because these rights are most important for
the physical, spiritual, and mental development of and individual and thus
for a healthy functioning of the democracy.
 These are given in the part-III of the constitution from Article 12 to Article
35.

CONTUTUTION PROVIDES FOR SIX FUNDAMENTAL RIGHTS

 Right to equality (Article 14-18)

 Right to freedom (Article 19-22)
 Right against exploitation (Article 23,24)
 Right to freedom of religion (Article 25-28)
 Cultural and educational rights (Article 29,30)
 Right to constitutional remedies (Article 32)

Fundamental Rights

Article 13

Provides for the laws inconsistent with or in derogation of the fundamental rights.

1. All laws in force in the territory of India immediately before the

commencement of this Constitution, so far as they are inconsistent with the
provisions of this part, shall, to the extent of such inconsistency, be void.
2. The state shall not make any law which takes away or abridges the rights
conferred by this part and any law made in contravention of this clause shall,
to the extent of the contravention, be void.
3. In this article, unless the context otherwise required:
 Law includes any of the ordinances, order, bye-law, rule, regulation,
notification, custom or usage having in the territory of India the force
of law.
 Laws in force includes laws passed or made by a Legislature or may
other competent authority in the territory of India before the
commencement of this Constitution and not previously repealed, not-
withstanding that any such law or any part there of may not be then in
operation either at all or in particular areas.
  Nothing in this Article shall apply to any amendement of this
Constitution made under the Article 368.

Judicial Review

 Judicial review is adopted from the Constitution of the United States of

America and the Indian Constitution. Judicial review actually refers that the
Constitution is the supreme power of the nation and all laws are under its
supremacy. Article 13 deals with that.
 All the post Constitution laws differ from it in all or some of its provision
then the provisions of the Constitution will prevail and the provision of that
post constitution relating to the same matter.
 In such a situation the provision of that law will again come into force this
is called the Theory of Eclipse.
 In a similar way, laws made after adoption of the Constitution by the
constituent assembly must be compatible with the Constitution, otherwise
the laws and amendment will deemed to be void-initio.

Right to Equality

Article 14

Equality before law or equal protection of law

Article 15

Prohibition of discrimination on grounds of religion, race, caste, creed, sex, or

place of birth.

Article 16

Equality of opportunity in matters of public employment.

Article 17

Abolition of unstouchability

Article 18

Abolition of titles
Right to Freedom

Article 19

All citizens shall have the right

 To freedom of speech and expression

 To assemble peaceably and without arms
 To form their associations or unions
 To move freely throughout the territory of India
 To reside and settle in any part of territory of India
 To practice any profession, or to carry out any occupation, trade or business.

Article 20

Production I respect of conviction for offence

Article 21

Protection of life and personal liberty

Article 22

Production against the arrest and detention in certain cases

Right against Exploitation

Article 23

Prohibition of traffic in human beings and forced labour

Article 24

Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

Article 25

Freedom of conscience and free profession, practice, and propagation of religion.

Article 26

Freedom to manage religious affairs

Article 27

Freedom of payment of taxes for promotion of any particular religion

Article 28

Freedom to attend religious instruction or religious worship in certain educational

institutional institutions.

Cultural and Educational Rights

Article 29

Protection of interests of minorities regarding their language, script, and culture

Article 30

Rights of minorities to establish and administer educational institutions.

Right to Constitutional Remedies

Article 32

Remedies for enforcement of rights conferred by this part

1. The right to move the Supreme Court by appropriate proceedings for the
enforcement of rights conferred by this part is guaranteed.
2. The Supreme Court shall have the power to issue directions or orders or
writs, including the writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto, and certiorari, whichever may be appropriate, for
the enforcement of any of the rights conferred by this part.
3. Without prejudice to the powers conferred on the Supreme Court by the
clauses (1) & (2), Parliament may by law empower any other court to
exercise by the Supreme Court under clause (2)
4. The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution of India.
AMENDABILITY OF FUNDAMENTAL RIGHTS

 In the case of shankariprasad vs. Union of India, the Supreme Court held
that the parliament has the power to amend any part of the Constitution
including fundamental rights.
 But in the case of golak Nath vs. the state of Punjab(1967), the Supreme
Court declared that the ordinarily elected parliament does not have the rights
to amend the fundamental rights included in the part III of the Constitution
which were quite sacred.
 The judgment of the Supreme Court laid down that although the past
amendments of the fundamental rights were to be valid as upsetting them
would mean that a lot of administrative decisions would be affected but in
future, the parliament would not have any right to amend the fundamental
rights. The Supreme Court further declared that a Constituent Assembly
should be convened to amend the fundamental rights.
 By the 24 th Amendment Act, 1971, Article 13 and Article 368 were
amended. The main purpose of this amendment was to counter the effects of
the decision of the Supreme Court in the case of Golk Nath vs. The State of
Punjab, to restore back to the parliament its right to amend any part of the
Constitution including the fundamental rights, included in part III of the
Constitution.
 The Supreme Court gave its historic judgment in the case of Keshava Nand
Bharti who was the head of a math in Kerala. He had challenged the right of
the parliament to amend the fundamentals rights as per the decision of the
Supreme Court in the case of Golak Nath given in 1967. This famous
judgment in the case of Keshava Nand bharti was delivered in the year 1973.
The Supreme Court upheld the twenty-fourth amendment of the constitution
and gave back to the parliament the right to amend any part of the
Constitution including part III of the Constitution in which the fundamental
rights were enshrined. But it also declared that the parliament has no right to
amend the basic structure of the Constitution.

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)

 The directed principle of the state policy are given in the part-iv of the
Constitution of India from Article 36 to Article 51. It is borrowed from the
 Irish constitution of 1937. On the basis of their nature DPSP can be
classified into three class

Table 3.3,Table 3.4

DPSP ADDED BY AMENDMENTS

Article 39

 Creation of opportunities for development if children

Article 39 A

 Equal justice and free legal aid to the poor

Article 43 A

 Participation of workers in management of industries

Article 48 A

 Protection and improvement of environment and safeguarding of forests

and wildlife

By Other Amendments

Article 31 C

 Inserted into the directive principles of state policy by the 25 th

Amendment Act of 1971 seeks to upgrade the DPSPs. If laws are made to
give effect to the directive principles over fundamental rights, they shall
not be invalid on the grounds that they take away the fundamental rights.
 Ensures provision for free and compulsory education fro children, was
added by the 86 the Amendment Act, 2002.

FUNDAMENTAL DUTIES

 Added by the 42nd Amendment Act in 1976. The ten fundamental duties
given in Article 51 A of the Constitution can be classified as:
 Duties towards self
 Duties concerning the environment
 Duties towards the state, and
  The duties towards the nation.
 The eleventh fundamental duty, which states that every citizen “who is a
parent or guardian, to provide opportunities for education to his child or, as
the case may be, ward between the age of six fourteen years” has been added
by the 86th constitutional amendment in 2002.

RIGHT TO INFORMATION

RIGHT TO INFORMATION (RTI) ACT, 2005

 RTI Act, 2005 was passed by the Parliament on 15 June 2005 which
repealed the Freedom of Information Act 2002.
 RTI Act, 2005 came into force on 12 October 2005
 Right to Information Act, 2005 is to extend to whole of India except in the
state of Jammu and Kashmir.
 RTI confers upon the citizen of India the legal right to seek any information
regarding public work, public record, document, memos, contracts, reports,
data, and any other matter of public importance from the public authority
within prescribe time limit through the stipulated procedure of depositing
specified amount of fee and writing application to the appropriate authority.
 Public authority means any body or institution of self-government
established or constituted by the state legislature, any body setup by the
government by notification and any NGO substantially owned or financed
by the government.
 The public authorities are required to appoint public information officers to
provide information to the people within thirty days of the submission of
application.
 Information on certain matters and from certain agencies are being excluded
from the purview of RTI. These are as follows:
 Information regarding file noting
 Information disclosure that would prejudicially affects the
sovereignty and integrity of India and the security, strategic or
economic interest of the state in relation with any foreign state.
 Information from securities and intelligence agencies, information
regarding privilege of parliament and legislative assemblies,
information that has been expressly forbidden to be published by any
 court of law or tribunal or the disclosure of which may constitute the
contempt of court.

CENTRAL INFORMATION COMMISSION

 Right to Information Act, 2005 provide that the central government is to

constitute a body to be known as the Central Information Commission (CIC)
to exercise power on it and to perform the function mentioned under this
Act.
 The headquarters of the CIC, is to be at Delhi and CIC may with the
previous approval of the central government establish the offices at other
places.

Appointment

The Chief Information Commissioner and the information commissioners are to be

appointed by the president of India on the recommendation of a committee
consisting of:

1. The Prime Minister who is to be chairman of the committee.

2. The leader of opposition in Lok Sabha.
3. A union cabinet minister to be nominated by the Prime Minister.

Qualifications, Term of Office and Condition of Service

 .the Chief Information commissioner and the information commissioners are

to be people of eminence in public life with wide knowledge an experience
in law, science and technology, social service, management, journalism,
mass media or administration, and governance.
 The CIC and ICs should not be the members of parliament or member of the
legislative of any state or UT, as the case may be or hold any other office of
profit or connected with any political party or carrying on ant business or
pursuing profession.
 The Chief information Commissioner is to hold office for a term of five
years or up to sixty-five year from the date on which he enters upon his
office and is not eligible for a reappointment.
 Every Information Commissioner is to hold office for a term of five years
from the date on which he enters his office or till he attains the age of sixty-
 five years which ever is earlier and not to be eligible for reappointment as
such information commissioner though he could be the Chief Information
Commissioner.
 The CIC and ICs before entering upon their office are to subscribe before the
President an oath or affirmation according to the form set up in the Act.
 The Chief Information Commissioner and the information commissioners
may at anytime by writing under his hand addressed to the President resign
from his office. Besides, the Chief Information Commissioner or an
information commissioner may be removed in the manner specified under
the Act.
 The salaries and allowance payable to and other terms and conditions of
services of
 The Chief Information commissioner is to be the same as that of the
Chief Election Commissioner.
 The information commissioner is to be the same as that of the election
commissioner.

STATE INFORMATION COMMISSIONS

 The Right to Information Act, 2005 mentions that every state government is
to constitute a body to be known as the information commission to exercise
the powers conferred on and to perform the function assigned to it under the
RT I Act.

Appointment

The state chief commissioner and the state information commissioner are to be
appointed by governor on the recommendation of a committee consisting of:

1. The chief minister who shall be the chairperson of the committee

2. The leader of the opposition in the legislative assembly.
3. A cabinet minister is to be nominated by the chief minister.
The state chief information commissioner is to supervise and manage the
affairs of the state information commission and is assisted by the state
information commissioners.

Qualification, Terms, Office, and Conditions of Service

  The state information commissioner an state information commissioner are
persons of eminence in public life with wide knowledge and experience in
law, science and technology, social service, management, journalism, mass
media or administration, and governance.
 The State chief information commissioner or a stat information
commissioner are not to be a member of parliament or member of state
legislative assembly of any state or UT or hold any other office of profit or
connected with any political party or carrying on any business or profession.
 The state chief information commissioner and information commissioner are
to hold office for five years or up to an age of sixty-five years.
 The State chief information commissioner and state information
commissioner are required to take oath before the governor.
 The salaries and allowances payable to and other terms and conditions of
services of the state information commissioner is to be same as that of an
Election Commissioner and of the state information commissioner same as
that of the chief secretary of the state government.
 The state chief information commissioner or a state information
commissioner may resign from his office by writing under his address to the
governor and can be removed from his office by the order of the governor on
the ground of proved misbehavior or incapacity after the supreme court on a
reference made to it by the Governor has reported that the grounds are valid.

Powers and Functions of the Information Commissions

The Central Information Commission or the State Information Commission are

empowered to receive and inquire into a complaint from any person who could not
get information from any public authority due to a reason of no appointment of
PIO in that organization.

 If made request by any person for information has been turned down by
public authority.
 If the information seeker could not get the information with in the time limit
specified under RTI.
 If the demanded fee by the public authority for providing the information is
unreasonably high.
 If the information seeker thinks that he or she has been provided incomplete,
misleading or false information.
 In respect of any other matter relating to relating or obtaining access to
records under this Act.
 The central public information officer or the state public information officer
as the case may be is to be given a reasonable opportunity of being heard
before any penalty is imposed on him. Burden of providing shall be upon the
information officers.
 No suit is to be laid against any person for anything done in good faith.
 The provisions of this Act are to have effect not with –standing anything
inconsistent therewith contained in Official Secrets Act, 1923.
 The Right to Information Act has been continuously used by the active and
aware members of the civil society to expose corrupt practices in the
administration and misappopriations of the funds sanctioned for the
execution of public welfare schemes.
 Mrs Aruna Roy, a social activist and winner of Magsaysay Award is actively
associated with the task of popularizing Right to Information Act among the
common masses of the country.
 Arvind Kejriwal won the Magsaysay Award for popularizing Right to
Information Act among the people.

Table 3.6 Representation of States and Union Territories in the Council of

State (Rajya Sabha)

State Seats

Andhra Pradesh 18

Assam 7

Bihar 22

Goa 1

Gujarat 11

Haryana 5

Himachal Pradesh 3
 Jammu and Kashmir 4

Karnataka 12

Kerala 9

Madhya Pradesh 16

Maharashtra 19

Manipur 1

Meghalaya 1

Nagaland 1

Orissa 10

Punjab 7

Rajasthan 10

Sikkim 7

Tamil Nadu 18

Tripura 1

Uttar Pradesh 34

West Bengal 16

Delhi 3

Puducherry 1

Arunachal Pradesh 1

Mizoram 1

Total 233

Plus 12 nominated by President245

 31. UNION EXECUTIVES
Part V of the Constitution deals with the Union executives, comprising the
president, Vice-president, Prime Minister, Council of Ministers and Attorney
General of India.

PRESIDENT

President is the head of the state and the first citizen of India. He acts as the
symbol of unity, integrity, and solidarity of India.

Election of the President

Article 54

 The President of India is elected by an electoral college which consists of the

elected members of the two houses of the parliament and the legislative
assemblies of the states (In this context, the term (state) includes the national
capital territory of Delhi and the union territory of Puducherry also).

Article 55

 It provides that, as far as practicable, there shall be uniformity in the scale of

representation of the different states at the election of the President. The
President’s election is held in accordance with the system of proportional
representation by means of a single transferable vote and the voting takes
place by secret ballot.

Article 56

 A person to be eligible for the election of the President should fulfil the
following conditions:
 The person willing for the President’s election should be a citizen of
India.
 He should have completed the age of thirty-five (35) years.
 He should be qualified for election as a member of the house of the
people, i.e., the Lok Sabha.
 He should not hold any office of profit under the union government or
any local or other authority.
Article 59

Lays down a few more conditions of the President’s office:

 The President should not be a member of any house of union or state

legislature.
 He should not hold any office of profit.
 He is entitled to the free use of his official residences; such emoluments,
allowances, an privileges are determined by the parliament by law.
 During the President’s term of office his emoluments and allowances shall
not be diminished.

President’s Term at the Office

 The President holds office for a term of five years.

 He can resign from his office at any time by addressing the resignation letter
to the Vice-President of India.
 Any resignation addressed to the Vice-president shall forthwith be
communicated by him to the speaker of Lok Sabha.
 The President can also be removed by impeachment for violation of the
Constitution. Either house may prefer the charge of violation of the
Constitution before the other house which shall be either investigated.
 When a vacancy occurs in the President’s office due to his death, resignation
or removal or otherwise, the Vice-President acts as the President until a new
President is elected.
 An election to fill such a vacancy should be held within six months from the
date of occurrence of such vacancy.
 A person who holds, or who has held the office of the President is eligible
for re-election to that office.

Article 60

The oath of office to the President is administered by the Chief Justice of India and
in his absence, by the senior most judge of the Supreme Court available.
  The impeachment charges may be initiated by either house of the parliament
or the charges should be signed by ¼ th of the members of the house which
framed the charges.
 Regarding these charges fourteen days notice should be given.
 The resolution of the charges for impeachment of the President should be
passed by the majority of not less than 2/3 rd of the total member ship of the
house.
 After ward the charges are investigated in the other house of the parliament.
If the resolution is passed in this house also with the majority of 2/3 rd of its
total membership, then the President stands removed from his office from
the date on which bill is so passed.

The Power and Functions of the President

Executive Powers

Article 53 provides the executive powers of the President:

 All executive powers of the union government are vested in his.

 He can make the rules specifying the manner in which the orders another
instruments made and executed in his name shall be authenticated.
 He appoints the Prime Minister and the other ministers; and they; hold
office during his pleasure.
 He appoints the Attorney General of India and he too holds the office during
the President’s pleasure.
 The President also appoints the Comptroller and Auditor General of India,
the Chief Election Commissioner and other election commissioners, the
chairman and members of the finance commissions, etc.
 The President can appoint a commission to investigate into the conditions of
SCs, STs, and OBCs (Other Backward Classes).
 He directly administers the union territories through administrations
appointed by him.
 He can seek any information relating to the administration of affairs of the
union and the proposals for legislation from the Prime Minister.

Legislative Powers
The president is an integral part of the parliament. He enjoys the following
legislative powers:

 He can summon the parliament and dissolve the Lok Sabha.

 He can address the parliament at the commencement of the first session after
each general election and the first session of every year.
 He can also summon a joint sitting of both the houses of the parliament
which is presided over by the speaker of the Lok Sabha.
 He can appoint any member of the Lok Sabha to preside over its proceedings
when both the speaker’s and deputy speaker’s office fall vacant and also can
appoint any member of the Rajya Sabha to preside over its proceeding when
both the chairman’s and deputy chairman’s office fall vacant.
 He nominates twelve members of the Rajya Sabha from amongst the persons
having special knowledge ir sine oractucal experience in respect of
literature, science, art, and social service and can nominate two members to
the Lok Sabha from the Anglo-Indian community.
 For introducing bills in the parliament regarding a bill involving expenditure
from the Consolidated fund of India or a bill for alternation of boundaries of
states or creation of new state, President’s prior recommendation or
permission is needed.
 When a bill is sent to the parliament after it has been passed by the
parliament, the president can give his assent to the bill or return the bill (if it
is not a money bill or a constitutional amendment bill) for reconsideration of
the parliament.
 When a bill is passed by a state legislature it is reserved by the governor for
the consideration of the President. The President can give his assent to the \
bill (if is not a money bill) for reconsideration of the state legislature.
 According to the Article 123, the President can promulgate ordinances when
both the houses of the parliament are not in session. These ordinances must
be approved by the parliament within six weeks of its reassembly. The
ordinance can be effective for a maximum period of six months and six
weeks.

Emergency Powers

The President deals with the following three emergencies:

National Emergency

 According to Article 352, the President can proclaims national

emergency after the approval by both the houses of the parliament within
one month, and after approval the emergency continues for six months.
 During the period of a national emergency, the President acq uires
certain extraordinary powers.
 He can pass directions to any state with regard to the manner in which its
executive power is to be exercised.
 He can modify the pattern of distribution of the financial resources
between the union and the states.
 The President can suspend the fundamental rights of citizen except
Article 20 and Article 21.

President’s Rule

 President’s rules is also known as a state emergency or a constitutional

emergency.
 On the grounds of Article 356, i.e., failure of constitutional machinery in
the states; and Article 365, i.e., failure to comply with or to give effect
to directions given by the union, the President proclaims the President’s
rule.
 The proclamations should be approved within two months by both the
houses of the Parliament, and then it remains in force for six months.
 If a national emergency is in force in the entire country or in any part of
the concerned state and the Election Commission certifies that due to
difficulties the general elections to the concerned state Legislative
Assembly cannot be held then the President’s rule can be extended
beyond the first year of implementation; it can be extended six months
at a time.
 During the president’s rule, the state governor on behalf of the President
carries on the administration of the state with the help of the advisors
appointed by the President or the chief secretary of state. However the
president cannot interfere with the jurisdiction of the concerned state
high court.
Financial Emergency

 The President proclaims financial emergency under Article 360 if he is

satisfied that the financial stability or credit of India or any part is
threatened.
 A proclamation has to be presented in both the houses of the parliament
and it will become null and void after two months if it is not approved
through a resolution passed by the houses of the parliament.
Table

VICE-PRESIDENT

 The vice-president is elected by the members of two houses of the

parliament in accordance with the system of proportional representation by
means of single transferrable vote.
 The eligibility conditions for election of a person as Vice-president are the
same as those for election as president except that for the former, the
candidate must be qualified for election as a member of the council of states.
 He holds the office for a term of five years before which he could give his
resignation to the president or can be removed by the Rajya Sabha through a
resolution passed by a two –third majority of its members and likewise
agreed to by Lok Sabha.
 The Vice-president is the ex-officeio Chairman of the Rajya Sabha and
presides over all its meetings.
 He discharges the functions of the office of president in case that post falls
vacant on account of the death, resignation, and removal of the president.
 Table 3.8

PRIME MINISTER

Appointment

 Article 75 provides that the appointment of the Prime Minister shall be done
by the president.
 President appoints the leader of the majority party of the Lok Sabha as the
Prime Minister.
  When no party has clear majority then the president by his personal
discretion appoints the Prime Minister and asks him to seek vote of
confidence within a month.

Power and Functions of the prime Minister

 Prime Minister is the head of the government and the real centre of power.
 He is the leader of the majority in the Lok, Sabha.
 The President formally appoints him. The Prime Minister is the real maker
of the council of ministers.
 The President upon the advice of the Prime Minister appoints all members.

Prime Minister as the Captain of the Council of Ministers

 The council of ministers works under the leadership, direction, and control
of the Prime Minister.
 No one can become or remain a minister without the consent of the Prime
Minister.
 Any minister who disagrees with the Prime Minister has to resign and quit
the ministry.
 The Prime Minister can ask any minister to resign.
 When the Prime Minister resigns, it is taken to be the resignation of the
entire council of ministers.

Table 3.9 prime Ministers of India

Name Tenure

1. Jawahar Lal Nehreu ** 15.8.1947-27.5.1964

Gulzari Lal Nandal * 25.05.1964-9.06.1964

2. Lal Bahadur Shastri** 09.06.1964-11.1.1966

Gulzari Lal Nanda* 11.01.1966-24.1.1996

3. Indira Gandhi 24.01.1966-24.3.1977

4. Morarji Desai 02.03.1977-28.7.1979

5 Charan Singh 28.07.1979-14.1.1980

6. Indira Gandhi** 14.1.1980-31.10.1984

7. Rajiv Gandhi 31.10.1984-2.12.1989

8. V.P.Singh 1.12.1989-10.11.1990

9. Chandra Shekhar 10.11.1990-21.6.1991

10. P.V.Narasimha Rao 21.06.1991-16.5.1996

11. Atal Bihari Vajpayee 16.05.1996-01.6.1996

12. H.D.Deve Gowda 01.06.1996-21.4.1997

13. L.K.Gujral 21.04.1997-18.3.1998

14. Atal Bihari Vajpayee 19.03.1998-22.5.2004

15. Manmohan Singh 22.05.2004-till date

(*) Acting

**Died in office

COUNCIL OF MINISTERS

Appointment

 They are appointed by the president on the advice of the Prime minister.
 A person who is not a member of both the houses can also be appointed as a
minister on the condition that he must become the member of either of the
houses within six months.

Close Relationship Between the parliament and the Council of Ministers

  Each minister is essentially a member of either house of the union
parliament.
 If any non-member becomes a minister, he has to become a Member of
Parliament (MP) within six months. In case he fails to do so, he has to quit
his ministership.
 The council of minister and the parliament actively participate in its working
they take full part in law making.

Ministerial Responsibility

 The council of ministers is responsible before the parliament for all its
activities and decisions. Ministerial responsibility has three main aspects, as
we see in the next section.
 Indian council of ministers is fully responsible before the union parliament.

Responsibility of the Ministers for All Acts of the President

 The council of ministers is responsible for all the decisions and actions of
the president.
 The president always acts on the advice of the prime Minister and the
council of ministers.
 The prime Minister is the chief advisor of the president.
 Every decision of the president is the decision of ministers. They area
therefore responsible for all the decision and actions of the president.

Collective Responsibility of the Council of Ministers

 The council of ministers is collectively responsible before the parliament, in

fact before the Lok Sabha.
 In case the Lok Sabha rejects any law or policy or decision or budget
proposal made by the ministry, it is taken to be a vote of confidence against
the entire council of ministers.
 In this event the council of ministers resigns and goes out of office. Like
wise, when the Lok sabha passes a direct vote of no confidence against the
Prime Ministers, it also means alack of confidence in it. This system is
called collective Responsibility of the ministry before the parliament.
PARLIAMENT

 Parliament is the supreme legislative body of a country. Our parliament

comprises of the president and the two houses, the Loksabha (hhouse of the
people) and the Rajya Sabha (council of states).
 The president has the power to summon and prorogue either house of
parliament or to dissolve the Lok Sabha
.

Composition of the Two Houses

Rajya Sabha

 The maximum strength of the Rajay Sabha is 250 out of which 238 members
are the representative of states and the union territories and 12 members are
nominated by the president.

Lok Sabha

 The maximum strength of the Lok Sabha is 552 out of which 530 members
area representative of the states, 20 members are the representative of the
union territories and 2 members are nominated by the president from the
Anglo-Indian community.

Session of the Parliament

 There are usually three session in year

 The Budget Session (February to May)
 The Monsoon Session (July to September) and
 The Winter Session (November to December)

Table 3.10 Lok sabha/Rajay Sabha: Alloted Number of Seats

Types of Bills

Public Bill

 It is introduced in the parliament by a minister.

 It reflects on the policies of the government (ruling party).
  To introduce it in the house , a seven-day notice is required.

Private Bill

 It is introduced by any member of the parliament other than the minister.

 It reflects the stand of the opposition party on a public matter.
 To introduce this bill in the house requires a notice of one month.

Ordinary Bill

 It can be introduced either in the Lok Sabha or the Rajya sabha.

 It can be introduced either by a minister or by a private member.
 It can be amended or rejected by the Rajya Sabha.
 It can be detained by the rajya Sabha for a maximum period of six months.
 It does not require the certification of the speaker when transmitted to Rajya
Sabha(if it has originated in the Lok Sabha).
 It is sent for the resident’s assent only after being approved by both he
houses.
 It can be rejected, approved, or returned for reconsideration by the paesident.

Money Bill

 It can be introduced only in the Lok Sabha and not in the Rajya Sabha.
 It can be introduced only by a miniter.
 It cans be introduced only on the recommendation of the President.
 It cannot be amended or rejected by the Rajya Sabha. The Rajaya Sabha
should return the bill with or without recommendations, which may be
accepted or rejected by the Lok Sabha.
 It can be detained by the Rajya Sabha for a mximum period of fourteen days
only.
 It requires the certification of the speaker when transmitted to the Rajya
Sabha.
 It is sent for the President’s assent even if it is approved only by the Lok
Sabha.
 It can be rejected or approved but cannot be returned for reconsideration by
the President.

Finance Bill
  It is given in Article 117.
 It contains any or all the matters mentioned in Article 110, along with
matters of general legislation.
 These can be introduced only in the Lok Sabha.
 It can be introduced only on recommendation of the President.
 Other things are common to ordinary bill.

JUDICIARY

 The judiciary is a relatively independent and the legal system based on the
English common law.
 The concept and procedures resembles those of Anglo-Saxon countries as
India’s independent judicial system began under the British.
 The Supreme Court consists of a chief justice and twenty-five other justices,
all of whom are appointed by the president on the advices of the prime
minister.
 The Supreme Court is the apex court in the country.
 The high court stands at the head of the states judicial administration.
 Sessions judge is the highest judicial authority in a district and each state is
divided into judicial district presided over by a district judge.
 District judge controls the courts of civil jurisdiction, known in different
states as munsifs, sub-judges, civil judges, and the like.
 Criminal judiciary comprises chief judicial magistrate of first and second
class.

Supreme Court of India

 The Indian judicial system has the Supreme Court of India at its apex, and is
presided by the Chief Justice of India.
 The Supreme Court has original, appellate, and advisory jurisdiction. Its
exclusive original jurisdiction extends to all disputes between the union and
one or more states or between two or more states.
 The Constitution gives an extensive original jurisdiction to the Supreme
Court to enforce the fundamental rights.
 Appellate jurisdiction of the Supreme Court can be invoked by a certificate
of the high court concerned or by special leave granted by the Supreme
 Court in respect of any judgment, decree or final order of a high court in
cases both civil and criminal, involving substantial question of law as to the
interpretation of the constitution.
 The Supreme Court of India comprises of the chief justice and not more than
31 other judge hold office till sixty-five years of age.
 The Supreme Court of India has many benches for the litigation, and this
apex court is not only the final court of permissible appeal, but also deals
with interstate matter, and matters comprising of more than one state, and
the matters between the union government and any one or more states, as the
matters on its original side.
 The President of India can always seek consultation and guidance including
the opinion of the apex court and its judges. This court also has powers to
punish anybody for its own contempt.
 The largest bench of the Supreme Court of India is called the construction
bench and comprises of five or seven judges, depending on the importance
attached of the matters before it, as well as the work load of the court.
 The apex court comprise only of various benches comprising of the
divisional bench of two and three judges, and the full bench of three to five
judges.
 The appeal to this court are allowed from the high court, only after the
matter is deemed to be important enough on the point of law or on the
subject of the Constitution of the nation and is certified as such by the
relevant high court.
 In the absence of any certificate from the high court a person may with leave
of the apex court appeal to this court by filling a special leave petition befor
the court.
 A person or body may also file a Writ against the violation of fundamental
rights granted under the Constitution of India with the permission o the apex
court.
 Certain writs are allowed to be instituted in the apex court directly against
the orders of the courts, of the court material, and the central admission
tribunals.

Original Jurisdiction (Article 131)

It has exclusive original jurisdiction over any dispute between the Government of
India an one or more states or between the Government of India and any state or
state on one side and one or more states on the other or between two or more states
if and insofar as the dispute involves any question (whether of law or of fact) on
which the existence or extent of a legal right depends.

Appellate Jurisdiction (Article 136)

The Supreme Court is the highest court of appeal from all courts in India. It deals
with the hearing of the cases regarding.

1. Interpretation of the Constitution: civil, criminal, or otherwise.

2. It deals with the hearing of the cases involving the civil cases irrespective of
all constitutional issue (Article 133) and
3. It deals with the criminal matters irrespective of all constitutional issues
(Article 134)
 In addition to all these the Supreme Court is empowered to grant special
leave to appeal in certain cases (Article 136).
 Regarding the constitutional matters an appeal can be made of the high
court certifies that the case involves a substantial question of law
regarding the interpretation of the Constitution.
 Even if the high court does not grant any certificate the Supreme Court
can grant special leave if it is satisfied with the substantial law regarding
the interpretation of the Constitution.
 The Supreme Court is empowered to entertain appeal by special leave in
any cause or matter determined by any court or tribunal (except a military
tribunal) unlimitedly.
 This power is totally discretionary to the Supreme Court. But this power
is enjoyed only under exceptional circumstances where substantial
question of law or general public interest is involved where grave in
justice is involved or where a tribunal exceeds its jurisdiction or operates
counter to natural justice.

Advisory Jurisdiction (Article 143)

 The Supreme Court gives advice on any question of law or fact of public
importance to it for the consideration by the President of India. But the
 Supreme Court opinion is not considered as judgment it does not have any
litigation.
 The President is bound by the advice of the Supreme Court. It only ensures
the government to get an authoritative opinion as to the legal validity of a
matter before action is taken upon it.
 However the court is bound to give its opinion on matters regarding the
disputes arising out of a treaty or agreement entered into before the
commencement of the constitutions.

Writ Jurisdiction (Article 143)

India addition Article 32 of the Constitution grant an extensive original jurisdiction

to the Supreme Court in regards to enforcement of fundamental rights.

It holds the power to issue directions orders or writs including writs in the nature
of habeas corpus, mandamus, prohibition, quo warrant, and certiorari to enforce
them.

Habeas corpus (‘you (shall) have the body’)

This is a legal action or writ through which a person can seek relief from the
unlawful detention of him or herself or of another person. It protects the individual
from harming himself or herself or habeas corpus has historically been an
important instrument for the safeguarding of individual freedom against arbitrary
state action.

Mandamus (‘we command’)

This is the name of one of the prerogative writs in the common law and is issued
by a superior court compel a lower court or a government officer to perform
mandatory or purely ministerial duties correctly.

Prohibition

Generally limited to appellate court, the use of it is to prevent lower courts from
exceeding their jurisdiction.
 A writ of prohibition is used to prevent an inferior court from exceeding its
jurisdiction to the rules of natural justice.

It is issued by superior court to inferior court preventing inferior court from

usurping a jurisdiction with which it was not legally vested (or to compel inferior
court to keep within the limits of its jurisdiction).

The writ of prohibition cannot be used to undo any previous acts, but only to
prohibit acts which are not completed.

Quo Warranto (‘by what autthority’)

This writ is one of the prerogative writ that requires the person to whom it is
directed to some what authority he has for exercising some right or power (or
“franchise’) he claim to hold.

High Court

 There are eighteen high courts in the country, three having jurisdiction over
more than one state.
 Bombay High Court has the jurisdiction over Maharashtra, Goa,Dadra and
Nagar Haveli, and Daman and Diu.
 Guwahati High Court which was earlier known as Assam High Court has the
jurisdiction over Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram,
and Arunachal Pradesh.
 Punjab and Haryana High Court has the jurisdiction over Punjab, Haryana,
and Chandigarh.
 Among the union territories, Delhi akone has had a high court of its own.
 The other six union territories come under jurisdiction of different state high
courts.
 The chief justice of a high court is appointed by the president in consultation
with the chief justice of India and the governor of the state.
 All the high courts have the power of superintendence over all corts within
its jurisdiction.
 A judge in the high court retires at the age of sixty-two.
 The jurisdiction as well as the laws administered by a high court can be
altered both by the union and state legislature.
  The high court like those at Bombay, Calcutta, and madras have original and
appellate jurisdictions. Under the original jurisdiction suits where the subject
matter is valued at Rs 25,000 or more can be filed directly in the high court.
 Most high courts have only appellate jurisdiction.
 Working under direct guidance and supervision of the Supreme Court, the
high courts are generally the last court of regular appeal.
 The high court of Mumbai, Chennai, Kolkata, and Delhi enjoy original
jurisdiction beyond a certain financial limit (for instance Rs 20 lakh and
above in case of Delhi).

The Subordinate Courts

This segment of the Indian judicial system comprises of

District Courts

(1) It is empowered to hear the appeals from courts of original civil jurisdiction
besides having original civil jurisdiction under many enactments.

Composition of District court

The highest court in each district is that of the district and sessions judge. The
district court is the principal court of civil jurisdiction, this is also a court of
session –triable cases are tried by the sessions court, it has the power to impose any
sentence including capital punishment.

 There are many other courts subordinate to the court of district and sessions
judge.
 There is a there-tier system of courts.
1. On the civil side, at the lowest level is the court of civil judge(junior
division).
2. On criminal side the lowest court is that of the judicial magistrate.
3. Civil judge (junior division) decides the civil cases of small pecuniary
stake.
4. Judicial magistrate decides the criminal cases that are punishable with
an imprisonment of up to five years.
 At the middle of the hierarchy there is the court of civil judge (senior
division) on the civil side and the court of the chief judicial magistrate on the
 criminal side. Civil judge (senior division) can decide civil cases of any
valuation.
 There are many additional courts of additional civil judge (senior division).
The jurisdiction of these addition courts is the same as that of the principal
courts of civil judge (senior division).
 The chief judicial magistrate can try cases which are punishable with
imprisonment for a term up to seven years. Usually there are many
additional courts of additional chief judicial magistrates.
 At the top level there may be one or more court of additional district and
session judge with the same judicial power as that of the district and session
judge.
 Judicial independence of each court is the characteristics feature of the
district judiciary.

Session Court

There are the courts of criminal jurisdiction having the similar scope of powers.
The court of specific original jurisdiction is the court of civil judge of judicial
magistrate small cases court and the court of metropolitan magistrate. The district
court of India is the court at a district level. Whereas these courts are under the
administrative and judicial control of the high court of the state to which the
district concerned belongs.

Quasi-Judicial System

 This appendage to the Indian judicial system is a recent attempt on the part
of the government to expedite the judicial process by diluting procedural
formalities and avoidance of litigation.
 Tribunals from an indispensable part of this system that are appointed by the
government and comprise of judge and expert on the particular field for
which the tribunal has been constituted. Industrial tribunals pertaining
primarily to labour dispute may be taken as an instance.

Alternative Dispute Resolution

The advent of Alternative Dispute Resolution system in India which comprises of
method like arbitration, conciliation has simplified the concept and the procedure
of justice delivery system in India.

 In consonance of the UNCITRAL agreement parliament came out with a

Central Act (Arbitration and conciliation Act, 1996) to consolidate the law
relating to domestic arbitration, international commercial arbitration &
enforcement of foreign arbitral awards as also to define the law relating to
conciliation & matters connected therewith.
 Arbitration may be defined as a private determination of controversial issues
by a third neutral party (arbitral tribunal), who is employed to create a
binding award.
 Conciliation refers to a voluntary process in which an impartial third party
helps the parties in reaching a mutually satisfactory and agreed settlement of
the dispute.
 Negotiation is carried out on with the same objective in mind with a
voluntary negotiation on the part of the parties concerned.
 The arbitral tribunal would comprise of the members in odd numbers which
are appointed by the parties and appointment of the arbitrator may be
challenged on the ground of partiality and doubt over his independence. The
jurisdiction of the arbitral tribunal is conditioned by the arbitration
agreement itself.
 The arbitral award is binding on the parties unless recourses are taken for
setting it aside and the status also elaborates upon the procedure of
enforcement of foreign arbitral awards an condition in which they ae
binding.

Jurisdiction and Seat of the High Court

 Originally known as the Assam High Court, later renamed as Guwahati High
Court in 1971.
 Originally known as the Mysore High Court renamed as Karnataka High
Court in 1973.
 Originally known as Punjab High Court renamed as Punjab and Haryana
High Court in 1966.
 Established at Agra. Shifted to Allahabad in 1875.
  Lahore High Court established in 21 March 1919. The jurisdiction covered
undivided Punjab and Delhi. On 11 August 1947 a separate high court of
Punjab was created having its seat at Simla under the Indian Independence
Act 1947 which had jurisdiction over Haryana. In 1966 after the
reorganization of the Punjab High Court was designated as the High Court
of Punjab and Haryana. The Delhi High Court was established on 31
October 1966 with its seat at Simla.
 Originally known as the High Court of Assam and Nagaland, renamed as
Guwahati High Court in 1971 by the North East Areas (Reorganization) Act,
1971.
 Srinagar is the summer capital, Jammu is the winter capital.
 The High Court of Travancore-Cochin was inaugurated at Ernakulam on 7
July 1949. The state of Kerala was formed by the State Reorganization Act,
1956. That Act abolished the Travancore-Cochin High Court and created the
Kerala high Court. Moreover, the Act also extended the jurisdiction of the
Kerala High Court to Lakshadweep.
 Under the Government of India Act, 1935 by letters patent dated January 2,
1936, a high court was established at Nagpur for the central provinces. After
the reorganization of the states, this high court was shifted to Jabalpur in
1956.

COMPTROLLER ANDAUDITOR-GENERAL OF INDIA

Mr Vinod Rai took over as the comptroller and the Auditor-General of India on 7
January 2008. He is the 11th CAG of India. His previous position was as the
secretary in the Ministry of Finance, Government of India.

Article 148 provides for and independent office of the Comptroller and Auditor-
General of India. He is the head of the Indian audit and accounts department.

He is appointed by the President of India for a term of six years or up to an age

of sixty-five years, whichever is earlier.

The CAG, before taking over his office taking over his office, makes and
subscribes before the president and oath or affirmation to carry out the duties of his
office faithfully, and to uphold the Constitution and the law.
 He can be removed by the President on the basis of a resolution passé dto that
effect by both the houses of the parliament with special majority, cither on the
ground of proved misbehaviour or that of incapacity.

Duties and Powers of the Comptroller and Auditor General of India

 Article 149 the Constitution of India authorizes the parliament to prescribe

the union and of the states and of any other authority or body.
 Accordingly the parliament of India enacts the audit in the central and the
state level.
 The CAG audits the accounts related to all expenditure from the
Consolidated Fund of India and the public account of India in both central
and the state level.
 He audits the receipt and expenditure of all the bodies and authorities
substantially financed from the central or state revenues, government
companies and other corporation and bodies when so required by related
laws.
 He advices the President with regard to the prescription of the form in which
the accounts of the centre and the states shall be kept.
 He submits his audit report relating to the accounts of the centre to the
President and relating to the accounts of a state to the governor.
 He compiles and maintains the accounts of state government as the
separation of central government accounts took places.
 He audits all transactions of the central and state government related to debt,
sinking funds, deposits, advances, suspense accounts, and remittance in
business.
 He audits the of any other authority also on a request of President or the
governor.
He thus acts as a guide, friend, and a philosopher to the public accounts
committee of the parliament.

Independence of CAG

CAG is appointed by the President but he does not hold office in accordance with
the procedure mentioned in the parliament.
 He is not eligible for further office, either under the Government of India or of
any of the states, after he ceases to hold his office.

The parliament determines his salary and other service conditions.

The administrative expenses of the office of CAG are charged upon the
Consolidated Fund of India.

No minister can be called upon to take any responsibility for any action done by
the CAG. The Comptroller and Auditor-General of India is not represented by any
minister of the parliament.

The organizations subjects to the audit of the Comptroller and Auditor –

General of India are:-

 All the union and state government departments and offices including Indian
railways and posts, and telecommunications.
 About 1200 public commercial enterprises controlled by the union and the
state governments, i.e., government companies and corporations.
 Around 400 non-commercial autonomous bodies and authorities owned or
controlled by the union or the state.
 Over 4400 authorities and bodies are substantially financed from union or
state revenues.

32. STATE LEGISLATURE

 Part VI of the Constitution from Article 168 to Article 212 deals with the
functions, the composition, and the organization of state legislature.
 In every state there is a legislature, which consists of governor and one or
two houses as the case may be.
  In states of Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Andhra
Pradesh, and Uttar Pradesh there are two houses known as legislative
council and legislative assembly.
 In the remaining states, there is only one house known as the legislative
assembly.
 Parliament may, by law, provide for abolition of an existing legislative
council.

GOVERNOR

 The state executive consists of the governor and the council of ministers
with the chief minister as its head. The governor is the chief executive of the
state.
 Like the President he is the nominal executive head. He also acts as an agent
of the central government.
 Article 153 says that there should be a governor for each state.
 According to Article 155, the governor is appointed by the President by
warrant under his hand and seal. His usual term of office is five years but he
holds office during the pleasure of the President.
 The Constitution lays down the two qualifications for the appointment of a
person as the governor.
 According to the Article 157, the person opting for the governorship should
be a citizen of India and should have completed 35 years of age.
 The governor cannot be the member of either house of the parliament or any
of the state legislature.
 The governor cannot hold any office of profit.
 The chief justice of the concerned high court administers the oath of office
to the governor of the state.
 The governor can be transferred from one state to another by the President.
 He can resign at any time by addressing his resignation to the President. The
legislature of a state does not have any role in removing the governor from
his post.
 In case, the same person is appointed as the governor of two or more states,
the President of India determines the emoluments and the allowances
payable to him in proportion to the State concerned.
Constitutional Position

 As the President in the central level, the governor in the state level
exercises his powers and functions with the aid and the advice of the
council of ministers headed by the chief ministers.
 However the governor can act on his wisdom and discretion in certain case
as are mentioned below:
 The governor can appoint a new chief minister in certain case no
single party or leader commands majority support.
 He can dissolve the assembly on the advice of the advice of the chief
minister who has lost majority support.
 He can dismiss a ministry where the ministry refuses to resign even
after losing majority support.
 The governor can act in his discretion in the case of reservation of a
bill for the consideration of the president and he can give or withhold
assent to the bills, return a bill for reconsideration.
 He advices the President on the issue of the failure of the
constitutional machinery; and recommends for the imposition of the
President’s rule in the state concerned.
 He can use his discretion while exercising the functions as the
administrator of an adjoining union territory (in case of an additional
charge).
 He seeks the information from the chief minister with regard to
administrative and legislative matters of the state.
 Some of the governors may have to discharge certain special
responsibilities also under Articles 371 (A) to 37(I).
 In respect to Nagaland, the governor has a special responsibility
under Article 371 A of the Constitution with respect to the law and
order and even though it is necessary for him to consult the council
of ministers in matters relating to law and order, he can exercise his
individual judgement on the action to be taken.
 Similarly, in respect to Arunachal Pradesh, the governor has a special
responsibility under the Article 371 H of the Constitution with
respect to law and order and in discharging of his functions in
relation there to. These are, however, temporary provisions.
  Likewise, in the sixth schedule that applies to tribal areas of Assam,
Meghalaya, Tripura, and Mizoram as specified in paragraph 20 of
that schedule, discretionary powers are given to the governor in
matters relating to sharing of royalties between the district council
and the state government. The sixth schedule vests additional
discretionary powers to the governors o Mizoram and Tripura in
almost all their functions (except approving regulations for levy of
taxes and money leading by the non-tribal by the district councils)
since December 1998.
 In Sikkim, the governor , has been given a special responsibility for
the peace and social, and the economic advancement of the different
sections of population.
 In Maharashtra, establishment of separate development boards for
Vidarbha and Marathwada.
in Gujarat, establishment of separate development boards for
Saurashtra and Kutch.

Table 3.11 Parliamentary Committees

Powers and Functions of the Governor

The Governor has the following powers and functions:-

(1) Executive powers

(2) Legislative powers
(3) Financial powers
(4) Judicial powers

Executive Powers

The executive power of the state is vested in the governor and is to be exercise by
him directly or through officers subordinate to him in accordance with the
Constitution (Article 154).

 All executive actions of the government of a state are formally taken in the
governor’s name.
 He can make rule specifying the manner in which the orders and other
instruments made and executed in his name are to be authenticated.
  He appoints the chief minister and the other subordinate ministers, the
advocate general of a state and they hold office during the governor’s office.
 The governor also appoints the state election commission and the chairman
and the members of the State Public Service Commission. However, they
can be removed by the President of India and not by the governor.
 He can ask for any information regarding the state’s administration.
 He can recommend the President to impose constitutional emergency in the
state.

Legislative Powers

The governor is an integral part of the state legislature. In this capacity, he enjoys
the following legislative functions, he can summon or prorogue the state legislature
and he can dissolve state legislature assembly.

 When both officers of the speaker and the deputy speaker fall vacant then
the governor appoints any member of state’s legislative assembly to preside
over its proceedings.
 After a bill is passed in the state legislature, the governor can give his assent
to the bill or withhold his assent. He can return the bill (if it is not a money
bill) for reconsideration of the state legislature. He can reserve the bill for
the president’s consideration.
 The governor must reserve for the President’s consideration any bill passed
by the state legislature which endangers the position of state high court.
Moreover, he can also reserve the bill if it is of the nature of ultravirus, i.e.,
against the Constitution’s provisions, if it is opposed to the Directive
principles of State Policy (DPSP); if it is against the larger interest of the
country; if it is of grave national importance; and if the nature of the bill is
that of dealing with compulsory acquisition of property under Article 31a A
of the Constitution.
 The governor nominates one member of the state legislative assembly from
the Anglo-Indian community. He nominates one-sixth of the members of the
state legislative council from amongst the persons having special knowledge
or practical experience in literature, art science, cooperative movement, and
social service.
 He can promulgate ordinances when state legislature is not in session.
  He decides on the questions of disqualification of members of the state
legislature in consultation with the election commission.
 The Governor of the State lays down reports of the State. The Finance
Commission, the State public Service Commission and the Comptroller and
Auditor-General relating to the accounts of the state, before the state
legislature.

Financial Powers

 The governor of the state confirms that the state budget or the annual
financial statement is laid before the state legislature.
 With the governor’s prior recommendation only the money bills can be
introduced in the state legislature.
 Demands for a grant must be made only on the governor’s recommendation.
 To meet any unforeseen expenditure, he can make out advances out of the
contingency fund of the state.
 To review the financial position of the panchayats and the municipalities the
governor constitutes a finance commission in state after every five years,

Judicial Powers and Functions

 The governor can grant pardons, reprieves, respites, and remissions of a

punishment; or suspend, remit, and commute the sentence of any person
convicted of any offence against any law relating to a matter to which the
executive power of the state extends.
 He is consulted by the President while appointing the judges of the
concerned state high courts.
 He makes appointments, postings, and promotions of the district judges in
consultation with the state high court.
 He also appoints persons to the judicial service of the state (other then the
district judges) in consultation with the state high court and the service
commission.

Difference Between pardoning Power of the Governor and the President

 The president can pardon a death sentence while the governor cannot.
  The President can pardon the sentences inflicted by the court material while
the governor cannot.

LEGISLATIVE ASSEMBLY

 Legislative Assembly (Vidhan Sabha) of a state consists of not more than

500 and not less than 60 members.
 In Arunachal Pradesh, Sikkim, and Goa the minimum number of members
is 30 and that of Mizoram and Nagaland is 40 and 46 respectively.
 Demarcation of territorial constituencies is to be done in such a manner that
the ratio between the population of each constituency and number of seats
allotted to it, as far as practicable, is the same throughout the state.
 Term of an assembly is five years unless it is dissolved earlier and can be
extended to maximum of six months during a national emergency.

Powers and Functions

 State legislature has exclusive powers over subjects enumerated in list II of

the seventh schedule of the Constitution and concurrent powers over those
enumerated in the list III.
 Financial powers of the legislature include authorization of all expenditure,
taxation, and borrowing by the state government.
 Legislative assembly alone has power to originate money bills. Legislative
council can make only recommendations in respect of the changes it
considers necessary with in a period of fourteen days of the receipt of money
bills from the assembly. The assembly can accept or reject these
recommendations.

CHIEF MINISTERS

 The chief ministers of a state is the head of the government. He acts as the
real executive of the state government.
 The position of the chief minister of a state resembles that of the Prime
Minister’s at the centre.
 Generally the leader of the majority party in the Vidhan Sabha is appointed
by the governor of the state as the chief minister of that state.
The Constitutional Provisions

 Every state shall have a council of the ministers headed by the chief
ministers to aid and advice the governor in the exercise of his powers and
functions, except the discretionary one.
 The chief minister shall be appointed by the governor of that state.
 Other ministers shall be appointed by the governor on advice of the chief
minister.
 The minister shall hold office during the pleasure of the governor.
 The council of ministers shall be collectively responsible to the state
legislative assembly.
 The governor shall administer the oath of the office and secrecy to the
minister.
 A minister, who is not a member of the state legislature for any period of six
consecutive months shall cease to be a minister of the state.

Powers and Functions

In Relation to Council of Ministers

As the head of the states of council of ministers, the chief minister enjoys the
following powers:

 The chief minister recommends the people to be appointed as ministers by

the governor of the state.
 He allocates and reshuffles the portfolios among the ministers.
 In case of a difference of opinion the chief minister can advice the governor
to dismiss the concerned minister or he can ask the minister to resign from
his or her post.
 The chief minister presides over the meetings of the council of ministers and
he influences the decisions of the council of ministers meeting.
 The activities of all the ministers are guided, directed, controlled, and
coordinated by the chief minister.
 As the chief minister is the head of the council of ministers, his resignation
or death automatically leads to the dissolvement of the council of ministers.
Therefore he can bring about the collapse of the council of ministers by
resigning from his office.
In Relation to the Governor

 The chief minister of the state is the main channel of communication

between the governor and the council of ministers.
 He furnishes the information relating to the administration of the affairs of
the state and proposals for the legislation as the governor may call for.
 While appointing important officials like the advocate-general of the state,
the chairman and members of the State Public Service Commissions, state
election commissioner and the like by the governor, the governor is advised
by the chief minister.

In Relation to State Legislature

 Regarding the governor’s summon any prorogue of the sessions of the state
legislature, the chief minister advices the governor.
 He can at any time recommend the governor for the dissolution of the state
legislative assembly.
 On the floor of the house of the state assembly, the chief minister of the
state announces the government policies.

Some Other powers and Functions

 The chief minister is chairman of the state planning board just as the Prime
Minister is chairman of the planning commission at the central level.
 He acts as a vice-chairman of the concerned zonal council by rotation,
holding office for a period of one year at a time.
 The chief minister is a member of the inter-state council and the national
development council, both headed by the Prime Minister and he is the chief
spokesperson of the state government.
 He is the political head of the services and is the leader of the party in
power. As the leader of the stat, he meets various sections of people and
receives memoranda from them regarding their problems.
 During the emergency period, the chief minister acts as a crisis manager-in-
chief at the political level.

LEGISLATIVE COUNCIL
  Legislative council (Vidhan Parishead) of a state comprises not more than
one-third of total number of members in the legislative assembly of the state
and in no case less than 40 members (Legislative council of Jammu and
Kashmir has 36 members vide section 50 of the Constitution of Jammu and
Kashmir).
 About one-third of the members of the council are elected by members of
the legislative assembly from amongst persons who are not its members.
 One-third by electorates consisting of members of municipalities, district
boards, and other local authorities in the state.
 One-twelfth by electorates consisting of people who have been for at least
three years engaged in teaching in educational institutions within the state
not lower in standard than secondary school and a further one-twelfth by
registered graduates of more than three years.
 Remaining members are nominated by the governor from among those who
have distinguished themselves in literature, science, art, cooperative
movement, and social sciences.
 Legislative councils are not subject to dissolution but one-third of their
members retire every second year.

RESERAVATION OF BILLS

 The governor of a state may reserve any bill for the consideration of the
President of India.
 Bills relating to subjects like compulsory acquisition of property, measures
affecting powers and the position of high courts and imposition of taxes on
the storage, distribution, and sale of water or electricity in the inter-state
river or river valley development projects should necessarily be so reserved.
 No bills seeking to impose restrictions on interstate trade can be introduced
in a state legislature without a previous sanction of the president.

UNION TERRITORIES

 Union territories are administrated by the President acting to such extent, as

he thinks fit, through an administrator appointed by him. Administrators of
Andaman and Nicobar islands, Delhi, and Pondicherry are designated as the
lieutenant governors.
  The Governor of Punjab is concurrently the administrator of Chandigarh.
 The administrator of Dadra and Nagar Haveli is concurrently the
administrator of Daman and Diu.
 Lakshadweep has a separate administrator.
 The national capital territory of Delhi and the union territory of Pondicherry
each has a legislative assembly and the council of ministers.
 Legislative assembly of the union territory of Pondicherry may make laws
with respect to matters enumerated in the list II or list III in the seventh
schedule of the Constitution in so far as these matters are applicable in
relation to the Union Territory.
 The legislative assembly of the national capital territory of Delhi also has
these powers with the exceptions that entries 1, 2, and 18 of the list II are not
within the legislative competence of the legislative assembly.
 Certain categories of bills, however, require the prior approval of the central
government for introduction in the legislative assembly.
 Some bills, passed by the legislative assembly of the union territory of
Pondicherry and the national capital territory of Delhi are required to be
reserved for consideration and assent of the President.

SCHEDULED AND TRIBAL AREAS

 Article 244 in Park X of the Constitution envisages a special system of

administration for certain areas designated as ‘scheduled areas’ and ‘tribal
areas’.
 The Fifth Schedule of the Constitution deals with the administration and
control of scheduled areas and scheduled tribes in any state except the four
states of Assam, Meghalaya, Tripura, and Miozram.
 The Sixth Schedule of the Constitution deals with the administration of the
tribal areas in the four northeastern states of Assam, Meghalaya, Tripura,
and Mizoram.

Declaration of Scheduled Areas

 The President is empowered to declare an area to be a scheduled area.

  He can also increase or decrease its area, alter its boundary lines, rescind
such designation, or make fresh orders for such redesignation on an area in
consultation with the governor of the state concerned.

Law Applicable to Scheduled Areas

 The governor is empowered to direct that any particular Act of Parliament or

the state legislature does not apply to a scheduled area or apply with
specified modifications and exceptions.

Declaration to Tribal Areas

 The governor is empowered to organize and re-organise the autonomous

districts.
 Thus, he can increase or decrease their areas or change their names or define
their boundaries.
 If there are different tribes in an autonomous district, the governor can
divide the district into several autonomous regions.

Law Applicable to Tribal Areas

 The district and regional councils administer the areas under their
jurisdiction.
 They can make laws on certain specified matters like land, forests, canal
water, shifting cultivation, village administration, inheritance of property,
marriage and divorce, and social customs.
 All such laws require the assent of the governor.

33. LOCAL GOVERNMENT

MUNICIPALITIES

 Municipal corporation was set up in the former presidency town of Madras

in 1688; and was followed by similar corporations in the then presidency of
Bombay and Calcutta in year 1726.
  The Constitution of India has made detailed provisions of ensuring
protection of democracy in the parliament and in the state legislatures but
Constitution did not make the local self-government in urban areas a clear-
cut constitutional; obligation.
 The directive principles of state policy refer to village panchayats and there
is no specific reference to municipalities except the implicitly in entry five
of the state list, which places the subject of local self-governments as a
responsibility of the states.
 In order to provide fro a common framework for urban local bodies and help
to strengthen the functioning of the bodies as effective democratic units of
self-government, the parliament enacted the Constitution (74th
Amendment) Act, 1992 relating to the municipalities in year 1992.
 The Act received the assent of the president on April 20, 1993 and the
government of India notified 1 June 1993 as the date from which the said
Act came into force.
 A new part of the IX-A relating to the municipalities has been incorporated
in the Constitution provide provisions from articles 243-P to 243-ZG.
 It also provides for fixed duration of minicipalities, appointment of state
election commission, appointment of state finance commission, and the
constitution of metropolitan and district planning committees.
 States and union territories have setup their own election commissions.

Article 3243 Q: Constitution of Municipalities

 These shall be constituted in every state:

 A nagar panchayat for a transitional area, i.e., an area in transition
from a rural area to an urban area.
 A municipal council for a smaller urban area.
 A municipal corporation for a larger urban area.

Article 243 R: Composition of Municipalities

 All the seats in a municipality shall be filled by people chosen by direct

election from the territorial constituencies in the municipal area. For this
purpose, each municipal area shall be divided into territorial constituencies
called as wards.
  The legislature of a state may, by law, provide for the representation in a
municipality of:
 People having special knowledge or experience in the field or
municipal administration.
 The members of the House of the People and the members of the
legislative assembly of the state representing constituencies which
comprise wholly or partly the municipal area.
 The members of the council of states and members of the legislative
council of the state registered as electors within the municipal area.
 The chairpersons of the committees constituted under clause (5) of
Article 243 S; provided that the people referred to in paragraph (i)
shall not have the right to vote in the meetings of the municipality.
 The manner of election of the chairperson of a municipality.

Article 243 S: Constitution and Composition of Wards, Committees, etc.

 There shall be constituted ward committees, consisting of one or more

wards, within the territorial area of a municipality having a population of
more than three lakh.
 The legislature of a state may, by law, make provision with respect to:
 The composition and territorial area of wards committee.
 The manner in which the seats in a ward committee shall be filled.
 A member of the municipality representing a ward within the territorial area
of the wards committee shall be a member of that committee.
 Wards committee consists of either one ward, the member representing that
ward in the municipality elected by members of the wards committee, shall
be the chairperson.
 Nothing in this article shall be deemed to prevent the legislature of a state
from making any provision for the constitution of committees in addition to
wards committees.

Article 243 T: Reservation of Seats

 Seats shall be reserved for the scheduled castes and the scheduled tribes in
every municipality and the numbers will be in the same proportion to the
total number of seats to be filled by direct election in that municipality as
 the population of the scheduled castes in the municipal area or of the
scheduled tribes in the municipal area bears to the total population of than
area and such seats may be allotted by rotation to different constituencies in
a municipality.
 Not less than one-third of the total number of seats reserved under clause
(1)shall be reserved for women belonging to the scheduled castes or, as the
case may be, the scheduled tribes.
 Not less than one-third (including the number of seats reserved for women
belonging to the scheduled castes and the scheduled tribes) of the total
number of seats to be filled by direct election in every municipality shall be
reserved for women and such seats may be allotted by the rotation to
different constituencies in a municipality.
 The offices of the chairpersons in the municipalities shall be reserved for the
scheduled castes, the scheduled tribes and women in a manner that the
legislature of the state may, by law, provide.
 The reservation of the seats under clauses(1)and (2)and the reservation of
the offices of chairpersons (other than the reservation for women) under
clause (4)shall cease to have an effect on the expiry of the period specified
in Article 334.
 Nothing in this part shall prevent the legislature from making any provision
for reservation of seats in any municipality or offices of the chairpersons in
the municipalities in favour of the backward class of citizens.

Article 243 U: Duration of Municipalities, etc.

 Every municipality, dissolved under any law for the time being in force,
shall continue for five years from the date of appointment for its first
meeting and no longer, provided that a municipality shall be given a
reasonable opportunity of being heard before dissolution.
 No amendment of any law for the time being in force shall have the effect of
causing dissolution of the municipality at any level, which is functioning
 immediately before such amendment, till the expiry of its duration specified
in the clause (1).
 An election to constitute a municipality shall be completed.
a) Before the expiry of the duration specified in clause (1)
b) Before the expiry of a period of six months from the date of its
dissolution, provided that where the reminder of the period for which
the dissolved municipality would have continued is less than six
months, it is not necessary to hold any election under this clause to
constitute the municipality for such a period.
 A municipality constituted upon the dissolution of a municipality before the
expiry of its duration will continue only for the remainder of the period for
which the dissolved municipality would have continued under the clause (1)
had it not been so dissolved.

Article 243 V: Disqualification for Membership

A person shall be disqualified for being chosen as a member of a municipality:

 If is so disqualified by or under any law for the time being in force for
purposes of elections to the legislature of the state, provided that no person
shall be disqualified on the ground that he is less than twenty-five years of
age, and has attained the age of twenty-one years.
 If he is so disqualified by or under any law made by the state legislature.
 If any question arises as to weather a member of a Municipality has become
subject to any of the disqualifications mentioned in clause (1) question shall
be referred for the decision of such an authority and in such a manner as the
legislature of the state may, by law, provide.

Article 243 W: Powers, Authority, and Responsibilities of Municipalities, etc.

Subject to the provisions of this Constitution, the legislature of a state may, by law
endow.

 The municipalities each with powers and authority necessary to enable them
to function as institutions of self-government and such law may contain
provisions for the devolution of powers. The responsibilities upon
 municipalities, subject to conditions as specified therein, with respect to the
committees with such powers and authority as may be necessary to enable
them to carry out the responsibilities conferred upon them including those in
relation to matters listed in the twelfth schedule.

Article 243 X: Power to impose Taxes by, and Funds of, the Municipalities

The legislature of a state may, be law:

 Authorize a municipality to levy, collect and appropriate such taxes, duties,

tolls, and fees in accordance with the given procedures and subject to such
limits;
 Assign to a municipality such taxes, duties, tolls and feed levied and
collected by state government for such purposes and subject to the
conditions and limits;
 Provide for making such grants-in aid to municipalities from the
Consolidated Fund of the state;
 Provide for constitution funds for crediting all the money received,
respectively, by or on behalf of the municipalities.

Article 243 Y: Finance Commission

 The finance commission constituted under the Article 243-I shall review the
financial position of the municipalities and make recommendations to the
governor as to,
 The principal which should govern:
 the distribution between the state and the municipalities of the net
proceeds of the taxes, duties, tolls, and fees levied by the state, which
may be divided between them under this part and the allocation
between the municipalities at all levels of respective shares of such
proceeds.
 The determination of the taxes, duties, tolls and fees which may be
assigned to, or appropriated by the municipalities.
 The grants-in-aid to the municipalities from the Consolidated Fund of
the state of India
 The measure needed to improve the financial position of the municipalities.
  Other matters referred to the finance commission by the governor in the
interests of sound finance of the municipalities.
 the governor shall cause every recommendation made by the commission
under this article together with an explanatory memorandum to the action
taken thereon to be laid before the legislature of the state.

Article 243 Z: Audit of Accounts of Municipalities

The legislature of a state may, by law, make provisions with respect to the
maintenance of accounts by the municipalities and auditing of accounts.

Article 243 ZA: Elections to the Municipalities

 The superintendence, direction, and control of the preparation of electoral

rolls for, and the conduct off, all elections to the municipalities shall be
vested in the state election commissions referred to in the Article 243K.
 Subject to the provisions of this Constitution, the legislature of a state
may, by law, make provisions with respect to all the matters relating to,
or in connection with, elections to municipalities.

Article 243 ZB: Application to Union Territories

The provisions of this part shall apply to the union territories and shall, in their
application to a union territory effect as if the references to the governor of a state
were references to the administrator of the union territory appointed under Article
239 and references to the legislature or the legislative assembly of a state were
references in relation to a union territory having a legislative assembly, to that
legislative assembly, provided that the President may, by public notification, direct
that the provisions of the part shall apply to a union territory or a part subject to
such exceptions and modifications as they may specify in the given notification.

Article 243 ZC: Part no to Apply to Certain Areas

 Nothing in this part shall apply to the scheduled areas referred to in clause
(1), and the tribal areas referred to in clause (2), of the Article 244.
 Nothing in this part shall be construed to affect the functions and powers of
the Darjeeling Gorkha Hill Council constituted under any law for the time
being in force for the hill areas of the district of Darjeeling in West Bengal.
  Notwithstanding anything in this Constitution, the parliament may, by law,
extend the provisions of this part of the scheduled areas and the tribal areas
referred to in clause (1) subject to such exceptions and modifications as may
be specified in such law, and no such law shall be deemed to be an
amendment of the constitution for the purposes of Article 368.

Article 243 ZD: Committee for District planning

 There shall be constituted in every state at the district level a district

planning committee to consolidate the plans prepared by the panchayats an
the municipalities in the district and to prepare a draft development plan for
the district on a whole.
 The legislature of a state may, by law, make provision with respect to:
 The composition of the district planning committees.
 The manner in which the seats in such committees shall be filled,
provided that not less than four-fifths of the total members of such
committee shall be elected by, and from amongst, the elected
members of the panchayat at the district level and of the
municipalities in the district in proportion to the ration between the
population of the rural areas and that of the urban areas in the district.
 The functions relating to district planning which may be assigne to
such Committees.
 The manner in which the chairpersons of such committees shall be
chosen.
 The chairperson of every district planning committee shall forward the
development plan, as recommended by such committee, to the government
of the concerned state.

Article 243 ZE: Committee for Metropolitan Planning

 There shall be constituted in every metropolitan area a metropolitan

planning committee to prepare a draft development plan for the metropolitan
area on a whole.
 The legislature of a state may, by law, make provision with respect to:
 The composition of the metropolitan planning committees.
  The manner in which the seats in such committees shall be filled
provided that not less than two-thirds of the members of such
Committees shall elected by, and from amongst, the elected members
of the municipalities and chairpersons of the panchayats in the
metropolitan area in proportion to the ratio between the population of
the municipalities and that of the panchayat in that area.
 The representation in such committees of the Government of India an
the state government and of such organizations and institutions as may
be deemed necessary for carrying out the functions assigned to such
committees.
 The chairperson of every metropolitan planning committee shall forward the
development plan, as recommended by such committee, to the government
of the state.

Article 243 ZF: Continuance of Existing Laws and

 Provided that all the municipalities existing immediately before

commencement of the Constitution (Seventy-fourth Amendment) Act, 1992
shall continue till the expiry of their duration, unless sooner dissolved by a
resolution passed to that effect by the legislative assembly of that state or, in
the case of a state having a legislative council, by each house of the
legislature or that state.

Article 243 ZG: But to Interference by Courts in Electoral Matters

Notwithstanding anything in this Constitution

 The validity of any law relating to the delimitation of constituencies or the

allotment of seats to such constituencies, made or purporting to be made
under the Article 243 ZA shall not be called in question in any court.
 No election to any municipality shall be called in question except by an
election petition presented to such an authority and in such manner as
provided under any law made by the state legislature.

PANCHAYATS

 Article 40 of the constitution, which enshrines one of the directive principles

of state policy, lays down that down that the state shall take steps to organize
 village panchayats and to endow them with such powers and, authority as
may be necessary to enable them to function as the units of self-government.
 New part IX relating to the panchayats has been inserted in the constitution
to provide for among other things.
 Gram Sabha in a village or group of villages; constitution of panchayats at
village and other level or levels.
 Direct elections to all seats in panchayats at the village and intermediate
level, if any, and to the offices of chairpersons of panchayats at such levels.
 Reservation of seats for the scheduled castes and scheduled tribes in
proportion to their population for membership of the panchayats and office
of chairperson in panchayats at each level.
 Reservation of not less than one-third of the seats for women.
 Fixing tenure of five years for panchayats and holding elections within a
period of six months in the event of super session of any panchayat.

Article 243 A: Gram Sabha

A Gram Sabha may exercise such powers and perform such functions at the village
level as the legislature of a state.

Article 243 B: Constitution of panchayats

 There shall be constituted in every state, panchayats at the village,

intermediate and district levels in accordance with provisions of this part.
 Notwithstanding anything in clause(1), panchayats at the intermediate level
may not be constituted in a state having a population not more than twenty
lakh.

Article 243 C: Composition of panchayats

 Subject to the provisions of this part, the legislature of a state may, by law,
make provisions with respect to the composition of panchayats.
 Provided that the ratio between the population of the territorial area of a
panchayat at any level.
 The number or seats in such panchayat to be filled by election shall be the
same throughout the state .
  All the seats in a panchayat shall be filled by persons chosen by direct
election from the territorial constituencies in the panchayat area, and
 For this purpose; each panchayat area shall be divided into territorial
constituencies in such a manner that the ratio between the population of each
constituency and the number of seats allotted to it shall be the same
throughout the panchayat area.
 The legislature of a state may, by law, provide for the representation-
 Of the chairpersons of the panchayats at the intermediate level, in
the panchayats at the district level;
 Of the chairpersons of the panchayats at the intermediate level. In
the panchayats at the district level;
 Of the members of the House of the People and members of the
state legislative assembly representing constituencies whiche
comprise wholly or partly a panchayat area at a level other than the
village level, in such panchayat;
 Of the members of the council of states and the members of the
legislative council of the states, where they are registered as
electors whihin:
(i) A panchayat area at the intermediate level, in the panchayat
at the intermediate level;
(ii) A panchayat area at the district level, in panchayat at the
district level.
 The chairperson of a panchayat and other members of a panchayat whether
or not chosen by direct election from territorial constituencies in the
panchyat area shall vote in the meetings of the panchayats.
 The chairperson of a panchayat at the village level shall be elected in such
manner as the legislature of a state may provide.
 A pachayat at the intermediate level or district level shall be elected by, and
from amongst, the elected members thereof.

Article 243 D: Reservation of Seats

 Seats shall be reserved for:

(a) the scheduled castes; and
(b) the scheduled tribes, in every panchayat.
 The number of seats of reserved shall bear the same proportion to the total
number of seats to be filled by direct election in that panchayat as the
population of the scheduled castes in that panchayat area or of the scheduled
tribes in that panchaat area bears, to the total population of that area and
such seats may be allotted by rotation to different constiruencies in a
panchayat.
 Not less than one-third of the total number of seats reserved under clause (1)
shall be reserved for women belonging to the scheduled castes or the
scheduled tribes.
 Not less than one-third (including the number of seats reserved for women
belonging to the scheduled castes and the scheduled tribes) of the total
number of seats to be filled by direct election in very panchayat shall be
reserved for women.
 Such seats may be allotted by rotation to different constituencies in a
panchayat.
 The offices of the chairpersons in the panchayats at the village or any other
level shall be reserved for the scheduled castes, the scheduled tribes and
women in a manner as the legislature of a state may, by law, provide,
provided that the number of offices of chairpersons reserved for the
scheduled castes and the scheduled tribes in the panchayats at each level in
any state shall bear, the same proportion to the total number of such offices n
the panchayats at each level as the population of the scheduled castes in the
state or of the scheduled tribes in the state bears to thetotal population of the
state, provided further that not less than one-third of the total number of
offices of chairpersons in the panchayats at each level are reserved for
women, provided also that the number of offices reserved under this clause
shall be allotted by rotation to different panchayats at each level.
 The reservation of seats under clauses (1) and (2) and the reservations of
offices of chairpersons (other than the reservation for women) under clause
(3) shall cease to have effect on the expiry of the period specified in Article
334.
 Nothing in this part shall prevent the legislature of a state from making any
provision for reservation of seats in any panchayat or offices of chairpersons
in the panchayats at any level in favour of the backward class of citizens.
Article 243 E: Duration of Panchayats, etc.

1) Every panchayat, unless sooner dissolved under any law for the time being
in force, shall continue for five years from the date of appointment of its first
meeting and no longer.
2) No amendment of any law for the time being in force shall have the effect of
causing dissolution of a panchayat at any level, which is functioning
immediately before such amendment, till the expiry of its duration specified
in clause (1).
3) An election to constitute a panchayat shall be completed
a) Before expiry of its duration specified in clause (1);
b) Before expiry of a period of six months from the date of its
dissolution, provided that where the remainder of the period for which
the dissolved panchayat would have continued is less than six months,
it shall not be necessary to hold any election under the clause for
constituting the panchayat for such a period.
4) A panchayat constituted upon the dissolution of a panchayat before the
expiry of its duration shall continue only for the remainder of the period for
which the dissolved panchayat would have continued under clause (1) had it
not been so dissolved.

Article 243 F: Disqualifications for Membership

1) A person shall be disqualified for being chosen as a member of a panchayat:

a) If he is so disqualified by or under any law for the time being in force
for the purposes of election to the legislature of the state concerned,
provided that no person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained the age of twenty-
one years.
b) If he is so disqualified by or under any law made by the state
legislature.
2) if any question arises as to whether a member of the panchayat has become
subject to any of the disqualifications mentioned in clause (1). The question
shall be referred for the decision of such authority and in such manner as the
legislature of a state may, by law, provide.
Art. 243 G: Powers, Authority and Responsibilities of Panchayats

This is subject to the provisions of the Constitution, the legislature of a state may,
endow the panchayaats with such powers and authority as may be necessary to
enable them to function as institutions of self-government and suh law may contain
provisions for the devolution of powers and responsibilities upon panchayats at
appropriate levels, subjected to such conditions may be specified therein, with
respect to:

a. The preparation of plans for the economic development and social justice.
b. The implementation of the schemes for economic development and social
justice as may be entrusted to them including those in relation to the
matters listed in the eleventh schedule.

Article 243 H: Power to Impose Taxes by, and Funds of the Panchayats

The legislature of a state may, by law:

a) Authorize a panchayat to levy, collect, and appropriate such taxes, duties,

tolls and fees according to such procedure and subject to such limits.
b) Assign to a panchayaat such taxes, duties, tolls and fees levied and collected
by the state government for such purposes and subject to such conditions
and limits.
c) Provide for making such grants-in-aid to panchayats from the Consolidated
Fund of the state.
d) Provide for constitution of such funds for crediting all money received,
respectively, by or on behalf of the panchyats and also for the withdrawal of
such money.

Article 243 I: Constitution of Finance Commission to Review Financial

position

1. The governor of a state shall, as soon as may be within one year from the
commencement of the Constitution (Seventy-third Amendment) Act,
1992,
2. And thereafter at the expiry of every fifth year, constitute a finance
commission to review the financial position of the panchayats and make
recommendations to the governor as to:
 a) The principles which should govern:
(i) the distribution between the state and the panchayats of the net
proceeds of the taxes, duties, tolls and fees leviable by the state,
which may be divided between them under this part and the
allocation between panchayats at all levels of their respective shares
of such proceeds.
(ii) the determination of the taxes, duties, tolls and fees which may
be assigned to, or appropriated by, the panchayat.
(iii) the grants-in-aid to the panchayats from the Consolidated Fund
of the state.
b) the measures needed to improve the financial position of the
panchayaats.
c) Any other matter referred to the finance commission by the
governor in the intersects of sound finance of the panchayats.
3. The legislature of a state may, by law, provide for the composition of the
commission, the qualifications which shall be requisite for appointment as
members thereof and the manner in which they shall be selected.
4. The commission shall determine their procedure and shall have such
powers in the performance of their functions as the legislature of the state
may by law, confer on them.
5. The governor shall cause every recommendation made by the commissions
under this article together with an explanatory memorandum as to the
action taken thereon to be laid before the legislature of the state.

Article 243 J:Audit of Accounts of Panchayats

The legislature of a state may , by law, make provisions with respect to the
maintenance of accounts by the panchayats and the auditing of such accounts.

Article 243 K: Elections to the Panchayats

(i) The superintendence, direction and control of the preparation of electoral

rolls for, and the conduct of, all elections to the panchayats shall be vested in
a state election commission consisting of a state election commission
consisting of a state election commissioner to be appointed by the governor.
(ii) Subject to the provisions of any law made by the legislature of a state, the
conditions of service and tenure of office of the state election commissioner
shall be such as the governor may by rule determine, provided that the state
election commissioner shall not be removed from his office except in like
manner and on the like grounds as judge of a high court and the conditions
of service of the state election commissioner shall not be varied to his
disadvantage after his appointment.
(iii) The governor of a state shall, when so requested by the state election
commission, make available to the state election commission such staff as
may be necessary for the discharge of the function conferred on the state
election commission by clause(1).
(iv) Subject to the provisions of this constitution, the legislature of a state may,
by law, make provisions with respect to all matters relating to, or in
connection with, elections to the panchayats.

Article 243 L: Application for Union Territories

 The provisions of this part shall apply to the union territories and shall, in
their application to a union territory, have effect as if the references to the
governor of a state were references to the administrator of the union territory
appointed under Article 239.
 References to the legislature or the legislative assembly of a state were
references, in relations to a union territory having a legislative assembly, to
that legislative assembly:
 Provided that the president may, by public notifications, direct that
the provisions of this part shall apply to any union territory of part
thereof subject to such exceptions and modifications as he may
specify in the notifications.

Article 243 M: Part Not to Apply to Certain Areas

(1) Nothing in this part shall apply to the scheduled areas referred to in clause (1),
and the tribal areas referred to in clause (2), of Article 244.
(2) Nothing in this part shall apply to:
a. The states of Nagaland, Meghalaya, and Mizoram
 b. The hill areas in the state of Manipur for which district councils exist
under any law for the time being in force.
(3) Nothing in this part:
(a) Relating to Panchayats at the district level shall apply to the hill areas of
the district of Darjeeling in the state of West Bengal for which Darjeeling
Gorkha Hill council exists under any law for the time being in force;
(b) Shall be construed to affect the functions and powers of the Darjeeling
Gorkha Hill Council constituted under such law
(4) Notwithstanding anything in this constitution-
(a) The legislature of a state referred to in sub-clause (a) of clause (2) may, by
law, extend this part to that state, except the areas, if any, referred to in
clause (1), if the legislative assembly of that state passes a resolution to that
effect by a majority of the total membership of that house and by a
majority of not less than two-thirds of the members of that house present
and voting
(b) Parliament may, by law, extend the provisions of this part to the scheduled
areas and the tribal areas referred to in clause (1) subject to such exceptions
and modifications as may be specified in such law and no such law shall be
deemed to be an amendment of his Constitution for the purposes of Article
368

Article 243 N: Continuance of Existing Laws and Panchayats

 Notwithstanding anything in this part, any provision of any law relating to

panchayats in force in a state immediately before the commencement of the
constitution (Seventy-third Amendment) Act,1992.
 This Act is inconsistent with the provisions of this part, shall continue to be
in force until amended or repealed by a competent legislature or other
 competent authority or until the expiration of one year from such
commencement, whichever is earlier.

Article 243-O: Bar to interference by courts in Electoral Matters

Notwithstanding anything in this constitution:

(a) The validity of any law relating to the delimitation of constituencies or the
allotment of seats to such constituencies, made or purporting to be made
under Article 243k, shall not be called in question in any court
(b) No election to any panchayat shall be called in question except by an
election petition presented to such authority and in such manner as is
provided for by or under any law made by the legislature of a state.

CENTRE –STATE RELATION

DISTRIBUTION OF LEGISLATIVE SUBJECTS

Union List

 The parliament has exclusive powers to make laws with respect to

any of the matters enumerated in the Union List.
 This list has at present 100 subjects (originally 97 subjects) like
defence, banking, foreign affairs, currency, atomic energy, insurance,
communication, inter-state trade and commerce, and so on. Service
Tax is the latest addition (2003).

State List

 State legislature has “in normal circumstances” exclusive powers to make

laws with respect to any of the matters enumerated in the state List.
 This list has at present 61 subjects(originally 66 subjects) like public order
and police, public health and sanitation, agriculture, prisons, local
government, fisheries, and so on.

Concurrent List

 Both the parliament and state legislature can make laws with respect to any
of the matters enumerated in the concurrent List.
  However, in case of a conflict between the central law and the law on a
subject emunerated in this list, the central law prevails over the state law.
 This list has at present 52 subjects (originally 47 subjects) like criminal law
and procedure, civil procedure, marriage and divorce, forests, education,
economic and social planning, drugs, newspapers, books and printing press,
and others.
 The 42nd amendment Act of 1976 transferred five subjects to concurrent list
from state list, i.e,(a)education, (b) forests, (c) weights and measures, (d)
protection of wild animals and birds, and (e) administration of justice,
constitution and organization of all courts except the supreme court and the
high court.

CENTRE-STATE FINANCIAL RELATIONS

Taxes Levied by the centre but collected and Appropriated by the

states(Article 268)

 Stamp duties on bills of exchange, cheques, promissory notes, policies of

insurance, transfer of shares, and others.
 Excise duties on medicinal and toilet preparations containing alcohol and
narcotics.

Service Tax Levied by the centre and collected and appropriated by the
centre and the states(Article 268-A)

 This category includes taxes levied on the services.

 These are levied by the centre and principles of their collection and
appropriation are formulated by the parliament.

Taxes Levied and collected by the centre but Assigned to the states(Article
269)

 Taxes on the sale or purchase of goods (other than newspapers) in the

course of inter-state trade or commerce.
 Taxes on the consignment of goods in the course of inter-state trade or
commerce.
Taxes levied and collected by the centre but Distributed between the centre
and the states (Article 270)

 Duties and taxes referred to in Articles 268,268-A,and 269.

 Surcharge on taxes and duties referred to in Article 271 and any cess
levied for specific purposes.

Surcharge on Taxes and Duties for purpose of the centre (Article 271)

 The parliament can at any time levy the surcharges on taxes and
duties referred to in Articles 269 and 270.
 The proceeds of such surcharges go to the centre exclusively. In
other words, the states have no share in these surcharges.

Taxes Levied and collected and Retained by states

 capitation taxes, duties on succession to agricultural land, estate

duty on agricultural land, land revenue, taxes on agricultural
income, taxes on land and buildings, taxes on mineral rights, taxes
on the consumption or sale of electricity, taxes on vehicles, taxes on
the sale and purchase of goods(other than newspapers), for example,
sales tax, tolls, taxes on professions, trades, callings, and
employment.

34. ELECTION COMMISSION OF INDIA

 The Election Commission of India is an autonomous, quasi-judiciary
constitutional body of India.
 Its mission is to conduct free and fair elections in India.
 It was established on 25 January 1950 under Article 324 of the Constitution
of India.
  The Election Commission is one of the four pillars of the Indian
Constitution, the other three being the Supreme Court of India. The Union
Public Service Commission, and the Comptroller and Auditor-General of
India.
 The commission presently consists of a Chief Election Commissioner and
two election commissioners.
 Until October 1989, there was just on Chief Election commissioner. In 1989,
two election commissioners were appointed, but were removed again in
January 1990. In 1919, however, the parliament of India Passed a law
providing for the appointment of two election commissioners. This law was
amended and renamed in 1993 as the Chief Election Commissioner and
other Election commissioners (Conditions of Service) Amendment Act
1993.
 The current Chief Election Commissioner is Naveen Chawla.
 The current Election Commissioners are: V.K Sampath and S.Y. Quraishi.

COMPOSITION

Article 324 of the Constitution has made the following provisions with regard to
the composition of Election Commission:

 The Election Commission shall consist of the Chief Election Commissioner

and such number of other election commissioners, if any, as the President
may fix from time to time.
 The appointment of the Chief Election Commissioner and other election
commissioner shall be made by the President.
 When any other election commissioner is so appointed the Chief Election
commission such regional commissioners as he may consider necessary to
assist the Election Commission.
 The condition of service and tenure of office of the election commissioners
and the regional commissioners shall be determined by the President.

INDEPENDENCE OF THE COMMISSION

 Under Article 324, the constitution has made the following provisions to
safeguard and ensure the independent and impartial functioning of the
commission.
 (a) The Chief Election Commissioner is provided with the security of tenure.
He cannot be removed from the office expect in same manner and on the
same grounds as a judge of the Supreme Court of India.
(b)The service conditions of the Chief Election Commissioner cannot be
varied to his disadvantage after his appointment.

Any other election commissioner or a regional commissioner cannot be

removed from the office except on the recommendation of the Chief Election
Commissioner.

POWER AND DUTIES

 The Election Commission is insulated from any kind of executive

interference and enjoys complete autonomy.
 The body also functions as a quasi-judiciary body in matters of electoral
disputes and other matters involving the conduct of elections.
 Its recommendations and opinions are binding on the president of India.
However, the decisions of the election commission are liable for
independent judicial reviews by courts acting over electoral petitions.
 The election commission holds under responsible of planning and executing
a complex operations that go into the conduct of elections.
 During the elections, the entire central (federal) and state government
machinery including paramilitary forces and the police is on deputation to
the Election commission which takes effective control of personnel,
movable and immovable government properties it finds necessary for the
successful completion of the electoral process.
 The election commission has been on many occasions, called upon by the
courts to overseas and executes elections to various governing bodies of
other autonomous organizations, such as syndicates of universities, statutory
professional bodies, etc. Apart from conducting elections to representative’s
bodies.
 The following are the principal functions of the Election commission of
India:
1. Department of India.
2. Preparation of electoral rolls.
3. Recognition of political parties and allotment of symbols.
 4. Scrutiny of nomination papers.
5. Controls of polls.
6. Scrutiny of election expenses of candidates.

AMENDEMENTS

 The parliament on 22 March 2003 enacted the Election Laws (Amendment)

Act, 2003 and Conduct of Elections (Amendment) Rules, 2003 with effect
from 22 September 2003.
 By these amendments in the Act and Rules, those service voters belonging
to the armed forces and members belonging to a force to which provisions
of the Army Act applies, have been provided the facility to opt to vote
through proxy.
 Such service voters who opt to vote through proxy have to appoint a proxy
in a prescribed format and intimate the returning officer of the concerned
constituency.
 The Election and other Related Laws (Amendment) Act, 2003 (46 of 2003)
was enacted in 11 September 2003.
 By this amendment, new section 29B and 29C were inserted in the
principal Act providing for contribution by any person or company other
than a government company to political parties, subject to the condition
that any contribution in excess of Rs 20,000 shall be reported to the
Election Commission for any claim for tax relief under the Income Tax
Act, 1961.
 The Act also amended section 77(1) regarding maintenance of election
expenses by candidates whereby expenditure incurred by specified number
of ‘leaders’ of a political party on account of travel by air or by any other
means of transport for propagating programme of the political party alone
shall be exempted from being included in the account of election expenses
incurred by the candidate in connection with the election.

UNION PUBLIC SERVICE COMMISSION (UPSC)

  The authority to conduct examinations for appointment to the various
civil services of the union is given to the Union Public Service
Commission (UPSC) which is a constitutional body in India.
 The Indian Constitution (part XIV—services under the Union and the
States –Article number 315 to 323) provides for a public service
commission for each state.
 In response to the demands of Indian politicians that the superior civil
services be Indianized the first public service commission was set up on
1 October 1926 by the then British Indian government. The British
Indian government then set up a Federal Public Service Commission and
provided for the formation of provincial level public service
commissions under the Government of India Act, 1935.

MEMBERS
 The chairman and other members of the UPSC are appointed by the
president of India and at least half of the members of the commissions are
civil servants (working or retired) with minimum ten years of experience in
central or state service.
 Every member holds office for a term of six years or until he attains the age
of sixty-fvie years, whichever is earlier.
 He can submit his resignation at any time to the president of India and he
may be removed from his office by the President of India on the ground of
misbehavior or in case he is adjudged insolvent, or engages during his term
of office in any paid employment outside the duties of his office, or in the
opinion of the President unfit to continue in office by reason f infirmity of
mind or body.
 Under Article 315 the Constitution of India provides for the UPSC and also
provides for a state public Service Commission for each state and a Joint
Public Service Commission for two or more states.
 The State Public Service Commission is created like UPSC, directly by the
constitution; a Joint Public Service commission can be created by an Act of
parliament in response to the request of the legislature.
 COMMISSIONS AND COMMITTEES
 In 1978 the government (through a resolution) decided to set up a
multimember commission (non-statutory) for SCs and STs with
Sh. Bhola paswan Shastri as chairman and having four members
(with three year tenure).
 In 1987, the government (through another resolution) modified the
functions of the commission (making it as a national level advisory
body) to advise the government on broad policy issues and levels
of development of SCs and STs.
 The statutory national commission for SCs and STs came into
effect on 12 March 1992 (after the Constitution (65th Amendment)
Act 1990.)
 After the implementation of the provision of the Constitution (89th
) Amendment Act, 2003, as per notification dated 19 February
2004, the Erstwhile National Commission for SC & ST was
replaced by two commissions viz; National Commission for
Scheduled Castes (NCSC) and National Commission for
Scheduled Tribes (NCST).
NATIONAL COMMISSION FOR SCHEDULED CASTES
Under Article 338
It shall be the duty of the commission
a) To investigate and monitor all matters relating to the safeguards
provided for the scheduled castes under this Constitution or under
any other