The Union

Executive
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President Vice President Council of Ministers Rajya Sabha Lok Sabha Qualification of Membership of Parliament Functions & Powers of Parliament

Legislature
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Parliamentary Committees Leaders of Opposition in Parliament Government Business in Parliament Consultative Committees Nomination of Members of Parliament on Government Committees/Bodies Youth Parliament Competition Other Parliamentary Matters
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All India Whips Conference Matters Under Rule 377 and Special Mentions Implementation of Assurances Cabinet Secretariat National Authority, Chemical Weapons Convention Ministries/Departments of the Government All India Services Central Secretariat Policy Committees/Samitis Award Schemes Training Technical

Administrative Set-up
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Public Services
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Official Language
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Publications

Comptroller & Auditor General Administrative Reforms & Public Grievances Administrative Tribunals

Executive
The Union executive consists of the President, the Vice-President, and the Council of Ministers with the Prime Minister as the head to aid and advise the President.

President
The President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation, by means of single transferable vote. To secure uniformity among state inter se, as well as parity between the states as a whole, and the Union, suitable weightage is given to each vote. The President must be a citizen of India, not less than 35 years of age, and qualified for election as member of the Lok Sabha. His term of office is five years, and he is eligible for re-election. His removal from office is to be in accordance with procedure prescribed in Article 61 of the Constitution. He may, by writing under his hand addressed to the Vice-President, resign his office. Executive power of the Union is vested in the President, and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution. Supreme command of defence forces of the Union also vests in him. The President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha, promulgates Ordinances at any time, except when both Houses of Parliament are in session, makes recommendations for introducing financial and money bills and gives assent to bills, grants pardons, reprieves, respites or remission of punishment or suspends, and remits or commutes sentences in certain cases. When there is a failure of the constitutional machinery in a state, he can assume to himself all, or any of the functions of the government of that state. The President can proclaim emergency in the country if he is satisfied that a grave emergency exists, whereby security of India or any part of its territory is threatened, whether by war or external aggression or armed rebellion.

Vice-President
The Vice-President is elected by members of an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote. He must be a citizen of India, not less than 35 years of age, and eligible for election as a member of the Rajya Sabha. His term of office is five years, and he is eligible for re-election. His removal from office is to be in accordance with procedure prescribed in Article 67 b. The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the latter is unable to discharge his functions due to absence, illness or any other cause, or till the election of a new President (to be held within six months when a vacancy is caused by death, resignation or

removal or otherwise of President). While so acting, he ceases to perform the function of the Chairman of the Rajya Sabha.

Council of Ministers
There is a Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions. The Prime Minister is appointed by the President, who also appoints other ministers on the advice of Prime Minister. The Council is collectively responsible to the Lok Sabha. It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers relating to administration of affairs of the Union and proposals for legislation and information relating to them. The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State (independent charge), Ministers of State and Deputy Ministers.

Legislature
Legislature of the Union, which is called Parliament, consists of the President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha). Each House has to meet within six months of its previous sitting. A joint sitting of two Houses can be held in certain cases.

Rajya Sabha
The Constitution provides that the Rajya Sabha shall consist of 250 members, of which 12 members shall be nominated by the President from amongst persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service; and not more than 238 representatives of the States and of the Union Territories.

Rajya Sabha Chamber Elections to the Rajya Sabha are indirect; members representing States are elected by elected members of legislative assemblies of the States in accordance with the system of proportional representation by means of the single transferable vote, and those representing Union Territories are chosen in such manner as Parliament may by law prescribe. The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year. Rajya Sabha, at present, has 245 seats. Of these, 233 members represent the States and the Union Territories, and 12 members are nominated by the President.

Lok Sabha
The Lok Sabha is composed of representatives of people chosen by direct election on the basis of adult suffrage. The maximum strength of the House envisaged by the Constitution is now 552 (530 members to represent States, 20 to represent Union Territories, and not more than two members of the Anglo-Indian community to be nominated by the President, if, in his opinion, that community is

not adequately represented in the House). The total elective membership of the Lok Sabha is distributed among States in such a way that the ratio between the number of seats allotted to each State and population of the State is, as far as practicable, the same for all States. The Lok Sabha at present consists of 545 members. Of these, 530 members are directly elected from the States and 13 from Union Territories, while two are nominated by the President to represent the Anglo-Indian community. Following the Constitution 84th Amendment Act, the total number of existing seats as allocated to various States in the Lok Sabha on the basis of the 1971 census, shall remain unaltered till the first census to be taken after the year 2026.

Lok Sabha Chamber The term of the Lok Sabha, unless dissolved earlier, is five years from the date appointed for its first meeting. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time, and not extending in any case, beyond a period of six months after the proclamation has ceased to operate. Fourteen Lok Sabhas have been constituted so far.

Qualification for Membership of Parliament

In order to be chosen a member of Parliament, a person must be a citizen of India and not less than 30 years of age in the case of Rajya Sabha and not less than 25 years of age in the case of Lok Sabha. Additional qualifications may be prescribed by Parliament by law.

Functions and Powers of Parliament

As in other parliamentary democracies, the Parliament in India has the cardinal functions of legislation, overseeing of administration, passing of the Budget, ventilation of public grievances and discussing various subjects like development plans, national policies and international relations. The distribution of powers between the Union and the States, followed in the Constitution, emphasises in many ways the general predominance of Parliament in the legislative field. Apart from a wide-range of subjects, even in normal times, the Parliament can, under certain circumstances, assume legislative power with respect to a subject falling within the sphere exclusively reserved for the States. The Parliament is also vested with powers to impeach the President and to remove the Judges of Supreme Court and High Courts, the Chief Election Commissioner and the Comptroller and Auditor General in accordance with the procedure laid down in the Constitution. All legislation require consent of both the Houses of Parliament. In the case of money bills, however, the will of the Lok Sabha prevails. Delegated legislation is also subject to review and control by Parliament. Besides the power to legislate, the Constitution vests in Parliament the power to initiate amendment of the Constitution.

Parliamentary Committees

The functions of Parliament are not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot make very detailed scrutiny of all legislative and other matters that come up before it. A good deal of Parliamentary business is, therefore, transacted in the committees. Both Houses of Parliament have a similar committee structure, with a few exceptions. Their appointment, terms of office, functions and procedure of conducting business are also more or less similar and are regulated as per rules made by the two Houses under Article 118(1) of the Constitution. Broadly, Parliamentary Committees are of two kinds - Standing Committees and ad hoc Committees. The former are elected or appointed every year or periodically and their work goes on, more or less, on a continuous basis. The latter are appointed on an ad hoc basis as need arises and they cease to exist as soon as they complete the task assigned to them. Standing Committees: Among the Standing Committees, the three Financial Committees - Committees on Estimates, Public Accounts and Public Undertakings - constitute a distinct group as they keep an unremitting vigil over Government expenditure and performance. While members of the Rajya Sabha are associated with Committees on Public Accounts and Public Undertakings, the members of the Committee on Estimates are drawn entirely from the Lok Sabha. The Estimates Committee reports on 'what economies, improvements in organisation, efficiency or administrative reform consistent with policy underlying the estimates' may be effected. It also examines whether the money is well laid out within limits of the policy implied in the estimates and suggests the form in which estimates shall be presented to Parliament. The Public Accounts Committee scrutinises appropriation and finance accounts of Government and reports of the Comptroller and Auditor-General. It ensures that public money is spent in accordance with Parliament's decision and calls attention to cases of waste, extravagance, loss or nugatory expenditure. The Committee on Public Undertakings examines reports of the Comptroller and AuditorGeneral, if any. It also examines whether public undertakings are being run efficiently and managed in accordance with sound business principles and prudent commercial practices. Besides these three Financial Committees, the Rules Committee of the Lok Sabha recommended setting-up of 17 Department Related Standing Committees (DRSCs). Accordingly, 17 Department Related Standing Committees were set up on 8 April 1993. In July 2004, rules were amended to provide for the constitution of seven more such committees, thus raising the number of DRSCs from 17 to 24. The functions of these Committees are: a. to consider the Demands for Grants of various Ministries/Departments of Government of India and make reports to the Houses; b. c. d. to examine such Bills as are referred to the Committee by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be, and make reports thereon; to consider Annual Reports of ministries/departments and make reports thereon; and to consider policy documents presented to the Houses, if referred to the Committee by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be, and make reports thereon.

Other Standing Committees in each House, divided in terms of their functions, are i. Committees to Inquire:

a.

Committee on Petitions examines petitions on bills and on matters of general public interest and also entertains representations on matters concerning subjects in the Union List; and Committee of Privileges examines any question of privilege referred to it by the House or Speaker/Chairman; Committees to Scrutinise:

b. ii. .

Committee on Government Assurances keeps track of all the assurances, promises, undertakings, etc., given by Ministers in the House and pursues them till they are implemented; a. Committee on Subordinate Legislation scrutinises and reports to the House whether the power to make regulations, rules, sub-rules, bye-laws, etc., conferred by the Constitution or Statutes is being properly exercised by the delegated authorities; and Committee on Papers Laid on the Table examines all papers laid on the table of the House by Ministers, other than statutory notifications and orders which come within the purview of the Committee on Subordinate Legislation, to see whether there has been compliance with the provisions of the Constitution, Act, rule or regulation under which the paper has been laid; Committees relating to the day-today business of the House: . a. Business Advisory Committee recommends allocation of time for items of Government and other business to be brought before the Houses; Committee on Private Members Bills and Resolutions of the Lok Sabha classifies and allocates time to Bills introduced by private members, recommends allocation of time for discussion on private members resolutions and examines Constitution amendment bills before their introduction by private members in the Lok Sabha. The Rajya Sabha does not have such a committee. It is the Business Advisory Committee of that House which recommends allocation of time for discussion on stage or stages of private members bills and resolutions; Rules Committee considers matters of procedure and conduct of business in the House and recommends amendments or additions to the Rules; and Committee on Absence of Members from the Sittings of the House of the Lok Sabha considers all applications from members for leave or absence from sittings of the House. There is no such Committee in the Rajya Sabha. Applications from members for leave or absence are considered by the House itself; Committee on the Welfare of Scheduled Castes and Scheduled Tribes, on which members from both Houses serve, considers all matters relating to the welfare of Scheduled Castes and Scheduled Tribes which come within the purview of the Union Government and keeps a watch whether constitutional safeguards in respect of these classes are properly implemented;

b.

iii.

b. c.

iv.

v. .

Committees concerned with the provision of facilities to members: General Purposes Committee considers and advises Speaker/Chairman on matters concerning affairs of the House, which do not appropriately fall within the purview of any other Parliamentary Committee; and a. vi. House Committee deals with residential accommodation and other amenities for members; Joint Committee on Salaries and Allowances of Members of Parliament, constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954, apart from framing rules for regulating payment of salary, allowances and pension to Members of Parliament, also frames rules in respect of amenities like medical, housing, telephone, postal, constituency and secretarial facility;

vii.

Joint Committee on Offices of Profit examines the composition and character of committees and other bodies appointed by the Central and State governments and Union Territories Administrations and recommends what offices ought to or ought not to disqualify a person from being chosen as a member of either House of Parliament; The Library Committee consisting of members from both Houses, considers matters concerning the Library of Parliament; On 29 April 1997, a Committee on Empowerment of Women with members from both the Houses was constituted with a view to securing, among other things, status, dignity and equality for women in all fields; On 4 March 1997, the Ethics Committee of the Rajya Sabha was constituted. The Ethics Committee of the Lok Sabha was constituted on 16 May 2000.

viii. ix.

x.

Ad hoc Committees: Such Committees may be broadly classified under two heads: a. committees which are constituted from time to time, either by the two Houses on a motion adopted in that behalf or by Speaker/Chairman to inquire into and report on specific subjects, (e.g., Committees on the Conduct of certain Members during President's Address, Committees on Draft FiveYear Plans, Railway Convention Committee, Committee on Members of Parliament Local Area Development Scheme, Joint Committee on Bofors Contracts, Joint Committee on Fertilizer Pricing, Joint Committee to enquire into irregularities in securities and banking transactions, Joint Committee on Stock Market Scam, Joint Committees on Security in Parliament Complex, Committee on Provision of Computers for Members of Parliament, Offices of Political Parties and Officers of the Lok Sabha Secretariat; Committee on Food Management in Parliament House Complex; Committee on Installation of Portraits/Statues of National Leaders and Parliamentarians in Parliament House Complex, etc.), and b. Select or Joint Committees on Bills which are appointed to consider and report on a particular Bill. These Committees are distinguishable from the other ad hoc committees inasmuch as they are concerned with Bills and the procedure to be followed by them as laid down in the Rules of Procedure and Directions by the Speaker/Chairman.

Leaders of Opposition in Parliament

In keeping with their important role, the Leaders of Opposition in the Rajya Sabha and the Lok Sabha are accorded statutory recognition. Salary and other suitable facilities are extended to them through a separate legislation brought into force on 1 November 1977.

Government Business in Parliament

The Minister of Parliamentary Affairs is entrusted with the responsibility of coordinating, planning and arranging Government Business in both Houses of Parliament. In the discharge of this function, he is assisted by his Ministers of State. The Minister also keeps close and constant contact with the presiding officers, the leaders as well as chief whips and whips of various parties and groups in both the Houses of Parliament. During the period 1 June 2006 to 31 May 2007, both Houses of Parliament passed 57 Bills.

Consultative Committees
The Ministry of Parliamentary Affairs constitutes Consultative Committees of Members of both the Houses of Parliament, which are attached to various Ministries, and arranges meetings thereof. The

Minister/Minister of State in-charge of the Ministry concerned acts as the chairman of the Consultative Committee of that Ministry. The main purpose of these Committees is to provide a forum for informal discussions between the Government and Members of Parliament on policies and programmes of the Government and the manner of their implementation. Meetings of these Committees are held both during the session and inter-session period of Parliament. After the constitution of the 14th Lok Sabha, 32 Consultative Committees attached to various Ministries were constituted. Besides this, 16 Informal Consultative Committees of the sixteen Railway Zones have also been constituted. Unlike the Consultative Committees attached to the Ministries, meetings, of these Informal Consultative Committees are to be arranged during Session periods only. 322 meetings of the Consultative Committees were held till 31 May 2007 after the constitution of the 14th Lok Sabha including 116 meetings held during the year 2006.

Nomination of Members of Parliament on Government Committees/Bodies

The Minister of Parliamentary Affairs nominates Members of Parliament on Committees, Councils, Boards and Commissions, etc., set-up by the Government of India in various Ministries (except in case of statutory or other bodies where the statute or the bye-laws framed thereunder provides that the Member of Parliament to be appointed thereon will be nominated by the Presiding Officers of the respective Houses or will be elected by the Lok Sabha or the Rajya Sabha, as the case may be). The Members are nominated on such Bodies keeping in view their aptitude and special interest in the subject.

Youth Parliament Competition

In order to develop democratic ethos in the younger generation the Ministry conducts Youth Parliament Competition in various categories of schools and colleges/universities. The Youth Parliament Scheme was first introduced in the Schools in Delhi in 1966-67. The Kendriya Vidyalayas located in and around Delhi were incorporated into the ongoing Scheme for Delhi Schools in 1978. Subsequently, as a separate scheme of Youth Parliament for Kendriya Vidyalayas at the National Level was launched in 1988. Similarly, in 1997-98, two new Youth Parliament Schemes at the national level, one for Jawahar Navodaya Vidyalayas and the other for Universities/Colleges were launched. During 2007-08, the 42nd Youth Parliament Competition for Delhi Schools was completed and 33 schools had participated. The 20th National Youth Parliament Competition for Kendriya Vidyalayas was held and 90 Kendriya Vidyalayas participated. The 11th National Youth Parliament Competition for Jawahar Navodaya Vidyalayas was completed. The Ninth National Youth Parliament Competition for Universities/Colleges is in progress.

Other Parliamentary Matters

All India Whips Conference
The Ministry of Parliamentary Affairs, Government of India has been organising All India Whips Conference from time to time, with the purpose of establishing suitable links among the whips of various political parties at the Centre and the States who are concerned with the practical working of

the legislatures to discuss matters of common interest and to evolve high standards to strengthen the institution of Parliamentary Democracy. Fourteen All India Whips Conferences have been organized so far since 1952. The Fourteenth All India Whips Conference was held on 4-5 February, 2008 at Mumbai. The inaugural function of the 14th All India Whips Conference was presided over by Hon'ble Vice President of India and the Valedictory function by the Hon'ble Speaker Lok Sabha.

Matters Under Rule 377 and Special Mentions

The Ministry of Parliamentary Affairs takes follow-up action on matters raised under Rule 377 of the Rules of Procedure and Conduct of Business in Lok Sabha and by way of Special Mentions in Rajya Sabha. Also after 'Question Hour' in both the Houses of Parliament, Members raise matters of urgent public importance. Though it is not mandatory, Ministers sometimes react to the points made by the Members. In the absence of concerned Minister the Minister of Parliamentary Affairs assures the House or the individual Members that their sentiments would be conveyed to the concerned Ministers.

Implementation of Assurances
The Ministry culls out assurances, promises, undertakings, etc., given by Ministers in both the Houses of Parliament, from the daily proceedings and forwards them to the concerned Ministries/Departments for implementation, Statements showing action taken by the Government in implementation of the assurances, after due scrutiny of the implementation of the assurances, after due scrutiny of the implementation reports received from the various Ministries/Departments concerned, are laid periodically on the table of the Houses by Minister/Minister of State for Parliamentary Affairs.

Administrative Set-up
The Government of India (Allocation of Business) Rules, 1961 are made by the President of India under Article 77 of the Constitution for the allocation of business of the Government of India. The Ministries/Departments of the Government are created by the President on the advice of the Prime Minister under these Rules. The business of the Government are transacted in the Ministries/Departments, Secretariats and offices (referred to as 'Department') as per the distribution of subjects specified in these Rules. Each of the Ministries is assigned to a Minister by the President on the advice of the Prime Minister. Each department is generally under the charge of a Secretary to assist the Minister on policy matters and general administration.

Cabinet Secretariet
The Cabinet Secretariat is under the direct charge of the Prime Minister. The administrative head of the Secretariat is the Cabinet Secretary who is also the ex-officio Chairman of the Civil Services Board. In the Government of India (Allocation of Business) Rules, 1961 'Cabinet Secretariat' finds a place in the First Schedule to the Rules. The subjects allotted to this Secretariat are: (i) Secretarial assistance to Cabinet and Cabinet Committees; and (ii) Rules of Business. The Cabinet Secretariat is responsible for the administration of the Government of India (Transaction of Business) Rules, 1961 and the Government of India (Allocation of Business) Rules 1961, facilitating smooth transaction of business in Ministries/Departments of the Government by ensuring adherence to these rules. The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial coordination, ironing out differences amongst Ministries/Departments and evolving consensus through

the instrumentality of the standing and ad hoc Committees of Secretaries. Through this mechanism, new policy initiatives are also promoted. The Cabinet Secretariat ensures that the President, the Vice-President and Ministers are kept informed of the major activities of all Ministries/Departments by means of monthly summary of their activities. Management of major crisis situations in the country and coordinating activities of various Ministries in such a situation is also one of the functions of the Cabinet Secretariat. The Cabinet Secretariat is seen as a useful mechanism by the departments for promoting interMinisterial coordination since the Cabinet Secretary is also the head of the civil services. The Secretaries felt it necessary to keep the Cabinet Secretary informed of developments from time to time. The Transaction of Business Rules also require them to keep the Cabinet Secretary informed specially if there are any departures from these rules.

National Authority, Chemical Weapons Convention

National Authority, Chemical Weapons Convention (CWC) was set up by a resolution of Cabinet Secretariat dated 5 May 1997 to fulfil the obligations enunciated in the Chemical Weapons Convention initially signed by 130 countries in a conference which concluded on 14 January 1993 for the purpose prohibiting of the development, production, execution, transfer, use and stockpiling of all chemical weapons by Member-States is a non-discriminatory process. To fulfil its obligations, each State Party has to designate or establish a National Authority to serve as the national focal point for effective liaison with Organisation for Prohibition of the Chemical Weapons (OPCW) and other State Parties and hence the NA, CWC under the administrative control of the Cabinet Secretariat was set-up. A high-level steering committee under the Chairmanship of the Cabinet Secretary with Secretary (Chemical and Petrochemicals), Foreign Secretary, Secretary, Defence Research and Development, Defence Secretary and Chairman, National Authority as its other members would oversee the functions of the National Authority. The NA, CWC is responsible for implementation of CWC Act, liaison with CWC and other State Parties, Collection of data fulfilling of declaration obligations, negotiating facility agreements, coordinating OPCW inspections, providing appropriate facilities for training national inspectors and industry personnel, ensuring protection of confidential business information, checking declarations for consistency, accuracy and completeness, registration of entitles engaged in activities related to CWC, etc.

Ministries/Departments of the Government

The Government consists of a number of Ministries/Departments, number and character varying from time to time on factors such as volume of work importance attached to certain items, changes of orientation, political expediency, etc. On 15 August 1947, the number of Ministries at the Centre was 18.

List of the Ministries/Departments

1. Ministry of Agriculture (Krishi Mantralaya) i. ii. Department of Agriculture and Cooperation (Krishi aur Sahkarita Vibhag) Department of Agricultural Research and Education (Krishi Anusandhan aur Shiksha Vibhag)

iii.

Department of Animal Husbandry, Dairying and Fisheries (Pashupalan, Dairy aur Matsyapalan Vibhag) Department of Chemicals and Petro-Chemicals (Rasayan aur Petro-Rasayan Vibhag) Department of Fertilizers (Urvarak Vibhag)

2. Ministry of Chemicals and Fertilizers (Rasayan aur Urvarak Mantralaya) i. ii.

3. Ministry of Civil Aviation (Nagar Vimanan Mantralaya) 4. Ministry of Coal (Koyala Mantralaya) 5. Ministry of Commerce and Industry (Vanijya aur Udyog Mantralaya) i. ii. Department of Commerce (Vanijya Vibhag) Department of Industrial Policy and Promotion (Audyogik Niti aur Samvardhan Vibhag)

6. Ministry of Communications and Information Technology (Sanchar aur Soochana Praudyogiki Mantralaya) i. ii. iii. Department of Telecommunications (Doorsanchar Vibhag) Department of Post (Dak Vibhag) Department of Electronics and Information Technology (Soochana Praudyogiki Vibhag)

7. Ministry of Consumer Affairs, Food and Public Distribution (Upbhokta Mamle, Khadya aur Sarvajanik Vitaran Mantralaya) i. ii. Department of Consumer Affairs (Upbhokta Mamle Vibhag) Department of Food and Public Distribution (Khadya aur Sarvajanik Vitaran Vibhag)

8. Ministry of Corporate Affairs (Korporate Karya Mantralya) 9. Ministry of Culture (Sanskriti Mantralya) 10. Ministry of Defence (Raksha Mantralaya) i. ii. iii. Department of Defence (Raksha Vibhag) Department of Defence Production and Supplies (Raksha Utpadan aur Aapoorti Vibhag) Department of Defence Research and Development (Raksha Anusandhan aur Vikas Vibhag)

11. Ministry of Development of North-Eastern Region (Uttar Poorvi Kshetra Vikas Mantralaya) 12. Ministry of Earth Sciences (Bhoo Vigyan Mantralaya) 13. Ministry of Environment and Forests (Paryavaran aur Van Mantralaya) 14. Ministry of External Affairs (Videsh Mantralaya) 15. Ministry of Finance (Vitta Mantralaya) i. ii. iii. iv. v. Department of Economic Affairs (Arthik Karya Vibhag) Department of Expenditure (Vyaya Vibhag) Department of Revenue (Rajaswa Vibhag) Department of Disinvestment (Vinivesh Vibhag) Department of Financial Services (Vittiya Sewayen Vibhag)

16. Ministry of Food Processing Industries (Khadya Prasanskaran Udyog Mantralaya) 17. Ministry of Health and Family Welfare (Swasthya aur Parivar Kalyan Mantralaya) i. Department of Health and family welfare (Swasthya aur Parivar Kalyan Mantralaya)

ii.

Department of Ayurveda, Yoga-Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) (Ayurveda, Yoga-Prakritik Chikitsa Paddhati, Unani, Siddha aur Homoeopathy Vibhag) Department of Heavy Industries (Bhari Udyog Vibhag) Department of Public Enterprises (Lok Udyam Vibhag) Department of Internal Security (Antarik Suraksha Vibhag) Department of States (Rajya Vibhag) Department of Official Language (Raj Bhasha Vibhag) Department of Home (Grih Vibhag) Department of Jammu and Kashmir Affairs (Jammu tatha Kashmir Vibhag) Department of Border Management (Seema Prabandhan Vibhag)

18. Ministry of Heavy Industries and Public Enterprises (Bhari Udyog aur Lok Udyam Mantralaya) i. ii. i. ii. iii. iv. v. vi.

19. Ministry of Home Affairs (Grih Mantralaya)

20. Ministry of Housing and Urban Poverty Alleviation (Aawas aur Shahari Garibi Upshaman Mantralaya) 21. Ministry of Human Resource Development (Manav Sansadhan Vikas Mantralaya) i. ii. Department of School Education and Literacy (School Shiksha aur Saksharta Vibhag) Department of Higher Education (Uchchatar Shiksha Vibhag)

22. Ministry of Information and Broadcasting (Soochana aur Prasaran Mantralaya) 23. Ministry of Labour and Employment (Shram aur Rozgar Mantralaya) 24. Ministry of Law and Justice (Vidhi aur Nyaya Mantralaya) i. ii. iii. Department of Legal Affairs (Vidhi Karya Vibhag) Legislative Department (Vidhayee Vibhag) Department of Justice (Nyaya Vibhag)

25. Ministry of Mines (Khan Mantralaya) 26. Ministry of Minority Affairs (Alpasankhyak Karya Mantralya) 27. Ministry of New and Renewable Energy (Naveen Aur Navikarniya Oorja Mantralaya) 28. Ministry of Overseas Indians Affairs (Apravasi Bharatiyon Ke Mamalon Ka Mantralya) 29. Ministry of Panchayati Raj (Panchayati Raj Mantralaya) 30. Ministry of Parliamentary Affairs (Sansadiya Karya Mantralaya) 31. Ministry of Personnel, Public Grievances and Pensions (Karmik Lok Shikayat tatha Pension Mantralaya) i. ii. iii. Department of Personnel and Training (Karmik aur Prashikshan Vibhag) Department of Administrative Reforms and Public Grievances (Prashasanik Sudhar aur Lok Shikayat Vibhag) Department of Pensions and Pensioners' Welfare (Pension aur Pension Bhogi Kalyan Vibhag)

32. Ministry of Petroleum and Natural Gas (Petroleum aur Prakritik Gas Mantralaya) 33. Ministry of Planning (Yojana Mantralaya) 34. Ministry of Power (Oorja Mantralaya) 35. Ministry of Railways (Rail Mantralaya)

36. Ministry of Shipping, Road Transport and Highways (Pot Parivahan, Sarak Parivahan aur Raj Marg Mantralaya) i. ii. i. ii. iii. i. ii. iii. Department of Shipping (Pot Parivahan Vibhag) Department of Road Transport and Highways (Sadak Parivahan Aur Raj Marg Vibhag) Department of Rural Development (Gramin Vikas Vibhag) Department of Land Resources (Bhumi Sansadhan Vibhag) Department of Drinking Water Supply (Peya Jal Poorti Vibhag) Department of Science and Technology (Vigyan aur Praudyogiki Vibhag) Department of Scientific and Industrial Research (Vigyan aur Audyogik Anusandhan Vibhag) Department of Bio-Technology (Biotechnology Vibhag)

37. Ministry of Rural Development (Gramin Vikas Mantralaya)

38. Ministry of Science and Technology (Vigyan aur Praudyogiki Mantralaya)

39. Ministry of Micro, Small and Medium Enterprises (Sukshma Laghu Aur Madhyam Udyam Mantralya) 40. Ministry of Social Justice and Empowerment (Samajik Nyaya aur Adhikarita Mantralaya) 41. Ministry of Statistics and Programme Implementation (Sankhyiki aur Karyakram Kiryanvayan Mantralaya) 42. Ministry of Steel (Ispat Mantralaya) 43. Ministry of Textiles (Vastra Mantralaya) 44. Ministry of Tourism (Paryatan Mantralaya) 45. Ministry of Tribal Affairs (Janjatiya Karya Mantralaya) 46. Ministry of Urban Development (Shahari Vikas Mantralaya) 47. Ministry of Water Resources (Jal Sansadhan Mantralaya) 48. Ministry of Woman and Child Development (Mahila Aur Bal Vikas Mantralaya) 49. Ministry of Youth Affairs and Sports (Yuva Karyakram aur Khel Mantralaya) 50. Department of Atomic Energy (Parmanu Oorja Vibhag) 51. Department of Space (Antariksh Vibhag) 52. Cabinet Secretariat (Mantrimandal Sachivalaya) 53. President's Secretariat (Rashtrapati Sachivalaya) 54. Prime Minister's Office (Pradhan Mantri Karyalaya) 55. Planning Commission (Yojana Ayog)

Public Services
ALL INDIA SERVICES
Prior to Independence, the Indian Civil Service (ICS) was the senior most amongst the Services of the Crown in India. Besides the ICS, there was also the Indian Police Service. After Independence, it was felt that though the ICS was a legacy of the imperial period, there was need for the All India Services

for maintaining the unity, integrity and stability of the nation. Accordingly, a provision was made in Article 312 of the Constitution for creation of one or more All India Services common to the Union and State. The Indian Administrative Service and The Indian Police Service are deemed to be constituted by the Parliament in terms of Article 312 of the Constitution. After the promulgation of the Constitution, a new All India Service, namely, The Indian Forest Service, was created in 1966. A common unique feature of the All India Services is that the members of these services are recruited by the Centre, but their services are placed under various State cadres, and they have the liability to serve both under the State and under the Centre. This aspect of the All India Services strengthens the unitary character of the Indian federation. Of the three All India Services, namely, the Indian Administrative Service (IAS), the Indian Police Service (IPS), and the Indian Forest Service (IFS), the Ministry of Personnel, Public Grievances and Pensions is the cadre controlling authority for the IAS. The recruitment to all the three services is made by the UPSC. These officers are recruited and trained by the Central Government, and then allotted to different State cadres. There are now 24 State cadres including three Joint cadres, namely, (i) Assam and Meghalaya, (ii) Manipur and Tripura, and (iii) Arunachal Pradesh, Goa, Mizoram and the Union Territories (AGMUT).

CENTRAL SECRETARIAT SERVICES

The Central Secretariat has three services, namely, (i) Central Secretariat Service (CSS), (ii) Central Secretariat Stenographers' Service (CSSS) and (iii) the Central Secretariat Clerical Service (CSCS). The grades of Selection Grade and Grade I of CSS and as well as the Senior Principal Private Secretary and Principal Private Secretary of CSSS are centralised. The Section Officers Grade and Assistants Grade of the CSS, Steno Grade 'D', 'C', 'A' and 'B' (merged) of CSS and LDS & UDC are decentralised. The grade-wise cadre strength of these services as on 30 June, 2007 was as under: Grade-wise cadre strength of services Service 1 2 3 4 5 6 Total CSS Grade Sr. Selection Grade (Group 'A' Gazetted) Selection Grade (Group 'A' Gazetted) Grade-I (Group 'A' Gazetted) Selection Officer (Group 'B' Gazetted) Assistant (Group 'B' NonGazetted) CSSS No.of Post 110 330 1405 3000 4905 9750 Sr. PPS (Group 'A' Gazetted) PPS (Group 'A' Gazetted) PS (A & B) (Group 'B' Gazetted) Grade "C"/PA (Group 'B' Non-Gazetted) Grade 'D' Grade 'C' (NonGazetted) CSCS Grade 68 182 1598 2793 1958 6599 No. of Post Grade

UDC/LDC (Group 'C Gazetted)

Appointments and promotions in the Centralised Grades are made on all secretariat basis by Department of Personnel and Training (DOP&T). In respect of the decentralised grades, DOP&T

monitors and assesses the overall requirements of different cadres for fixing zones of promotion against the vacancies in seniority quota and arranges centralised requirement against direct recruitment and departments examinations quota vacancies through open competitive and departmental examinations. Pursuant to the recommendations of the Parliamentary Standing Committee on Home Affairs, the Government set-up a Committee on the Cadre Restructuring of CSS in February 2001. The committee submitted its Report in February 2002 and made several recommendations. The Government after careful considerations has taken several decisions in October 2003 for improving the career prospects of the CSS personnel and many of these recommendations have either been implemented, or are in various stages of implementation. The Government had also constituted a 'Group of Officers' on Cadre Structure of the Central Secretariat Stenographers' Service (CSSS), which submitted its Report in February 2004. After considering the recommendations of the Group of Officers, the Government has taken several decisions on Cadre Structure of CSSS, for improving the career prospects of the CSSS personnel. Necessary executive orders for operationalisation of almost all the decisions have been issued.

Official Language
Official Language - Constitutional/Statutory Provisions
Article 343(1) of the Constitution provides that Hindi in Devanagari script shall be the Official Language of the Union. Article 343(2) also provided for continuing the use of English in official work of the Union for a period of 15 years (i.e., up to 25 January 1965) from the date of commencement of the Constitution. Article 343(3) empowered the parliament to provide by law for continued use of English for official purposes even after 25 January 1965. Accordingly, section 3(2) of the Official Languages Act, 1963 (amended in 1967) provides for continuing the use of English in official work even after 25 January 1965. The Act also lays down that both Hindi and English shall compulsorily be used for certain specified purposes such as Resolutions, General Orders, Rules, Notifications, Administrative and other Reports, Press Communiqus; Administrative and other Reports and Official Papers to be laid before a House or the Houses of Parliament; Contracts, Agreements, Licences, Permits, Tender Notices and Forms of Tender, etc. In 1976, Official Language Rules were framed under the provisions of section 8(1) of the Official Languages Act, 1963. Its salient features are as under: i. They apply to all Central Government Offices, including any office of a Commission, Committee or Tribunal appointed by the Central Government and Corporation or Company owned or controlled by it; Communications from a Central Government Office to State/Union Territories or to any person in Region "A" comprising the States of Uttar Pradesh, Uttarakhand, Himachal Pradesh, Madhya Pradesh, Chhattisgarh, Bihar, Jharkhand, Rajasthan, Haryana and UTs of Andaman and Nicobar Islands and Delhi, shall be in Hindi; Communications from a Central Government Office to States/UTs in Region "B" comprising the States of Punjab, Gujarat, Maharashtra and the Union Territory of Chandigarh, shall ordinarily be in Hindi. However, communication to any person in Region "B" may be either in English or Hindi;

ii.

iii.

iv.

Communications from a Central Government Office to a State Government Office in region 'C' comprising all other States and UTs not included in region 'A' & 'B' or to any office (note being a Central Government Office) or person shall be in English; Communications between Central Government Offices and from Central Government Offices to the Offices of the State Governments/Union Territories and individuals, etc., will be in Hindi in such proportions as may be determined from time to time; All Manuals, Codes and other Procedural literature relating to Central Government Offices are required to be prepared both in Hindi and English. All Forms, Headings of Registers, Name Plates, Notice Boards and various items of stationery, etc., are also required to be in Hindi and English; It shall be the responsibility of the officer signing the documents specified in section 3(3) of the Act to ensure that these are issued both in Hindi and English Shall be the responsibility of the administrative head of each Central Government Office to ensure that the provisions of the Act, the Rules and directions issued under Sub-Rule-2 are properly complied with and to devise suitable and effective check points for this purpose

v.

vi.

vii. viii.

Policy
In compliance with the Official Language Resolution, 1968, an Annual Programme is prepared by the Department of Official Language in which targets are set for the offices of the Central Government with regard to originating correspondence, telegrams, telex, etc., in Hindi. A Quarterly Progress Report is called for from the offices of the Central Government regarding achievements vis--vis the said targets. An Annual Assessment Report is prepared on the basis of the Quarterly Progress Reports, which is laid on the Tables of both Houses of the Parliament and copies endorsed to State Governments and the Ministries/Departments of the Central Government. Eight Regional Implementation Offices have been established at Bangalore, Cochin, Mumbai, Kolkata, Guwahati, Bhopal, Delhi and Ghaziabad to monitor the implementation of Official Language Policy of the Union.

Committees/Samities
A Committee of Parliament on Official Language was constituted in 1976 under section 4 of the Official Languages Act, 1963 to periodically review the progress in the use of Hindi as the Official Language of the Union and to submit a report to the President. The Committee consists of 20 Members of the Lok Sabha and 10 of the Rajya Sabha. The Committee have decided to submit its report in parts. It has so far submitted to the President eight parts of its report. The Presidential Orders on seven parts of its report have been issued and work is in progress on the eighth part. The Kendriya Hindi Samiti was constituted in the year 1967. It is chaired by the Prime Minister. It is the apex policy making body which lays down the guidelines for the propagation and progressive use of Hindi as Official Language of the Union. Under the directions of the Kendriya Hindi Samiti, Hindi Salahakar Samitis have been constituted in all Ministries/Departments under the chairmanship of the Ministers concerned. These Samitis periodically review the progress in the use of Hindi in their respective Ministries/Departments and the offices/undertakings and suggest measures to promote the use of Hindi. Besides, the Central Official Language Implementation Committee [headed by Secretary, Department of Official Language and consisting of Joint Secretaries (In-charge Official Language) of all the

Ministries/Departments as ex-officio members] reviews the status of use of Hindi for official purposes of the Union, training of its employees in Hindi and implementation of instructions issued from time to time by the Department of Official Language and suggests measure for removing the shortcomings and difficulties noticed in implementing these instructions. Town Official Language Implementation Committees are constituted in different towns having ten or more Central Government offices, etc., to review the progress made in the use of Hindi in their member offices and exchange experiences. So far 255 Town Official Language Implementation Committees have been constituted all over the country.

Award Schemes
The Indira Gandhi Rajbhasha Awards Scheme has been in operation since 1986-87. Shields are given every year to Ministries/Departments, Banks and Financial Institutions, Public Sector Undertakings and Town Official Language Implementation Committees for outstanding achievements in the implementation of the Official Language Policy of the Union. Cash awards are given to the working/retired employees of the Central Government, Banks, Financial Institutions, Universities, Training Institutions and Autonomous Bodies of the Central Government for writing original books in Hindi. The National Awards Scheme for Original Book writing on Gyan-Vigyan has been renamed as Rajiv Gandhi National Awards Scheme for Original Book Writing in Hindi for promoting writing of books in Hindi on all branches of modern Science/Technology and contemporary subjects. This Scheme is open to all citizens of India. At Regional level, Regional Official Language Awards are given each year to the Regional/Subordinate Offices, Public Sector Undertakings, Town Official Language Implementation Committees, Banks and Financial Institutions of the Central Government for outstanding achievements in implementing the Official Language Policy of the Union and accelerating the progressive use of Hindi.

Training
Under the Hindi Teaching Scheme, administered by the Department of Official Language, training in Hindi language is being imparted through 119 full-time and 49 part-time centres throughout the country. Likewise, training in Hindi Stenography and Hindi Typing is being provided through 23 fulltime and 38 part-time centres. Thus, training in Hindi is being provided in 229 centres located in different parts of the country. Five Regional Offices of Hindi Teaching Scheme at Kolkata, Mumbai, Delhi, Chennai and Guwahati are providing academic and administrative support to the Hindi Teaching Scheme in the East, West, North-Central, South and North-East Regions. To fulfill the increasing demand of Hindi training of North Eastern region a new Regional Headquarter has been established at Guwahati and new Hindi training centres have been established at Imphal, Aizwal and Agartala. The Kendriya Hindi Prashikshan Sansthan was established on 31 August 1985, as a subordinate office of the Department of Official Language, with the objective of providing Hindi Training through condensed courses in Hindi language/typing and stenography as also training through correspondence in Hindi language and Hindi Typewriting. Its sub-institutes were opened in Mumbai, Kolkata and Bangalore in 1988 and in Chennai and Hyderabad in 1990. Training of Hindi typing on computers is being imparted at almost all the typing/stenography centres in the country.

The Central Translation Bureau was set up in March 1971 for translation of different types of nonstatutory literature, manuals/codes, forms, etc., of various Ministries/Departments, Offices of the Central Government and Public Sector Undertakings, Banks, etc. The Bureau has also been entrusted with the responsibility of conducting translation training courses for the officers/employees associated with the translation work. Initially, translation training courses of 3 months were being conducted at the Headquarters in New Delhi. In order to strengthen training facilities and meet regional requirements, Translation Training Centres have been established in Mumbai, Bangalore and Kolkata. Besides, Central Translation Bureau also conducts short-term translation courses for Central Government employees.

Technical
In order to facilitate the use of Official Language with the help of Mechanical and Electronic equipment, especially computers, a Technical Cell was set up in the Department of Official Language in October 1983. The main activities of the Cell are as under:

Development of "Language application tools" - Under this programme LILA Rajbhasha, a selflearning package through the medium of Bangla, English, Kannada, Malayalam, Tamil and Telugu has been developed, MANTRA Rajbhasha, an aid tool for English to Hindi translation has also been developed Organising computer training programmes in Hindi - Every year around 100 training programmes are conducted to impart training for the use of Hindi on computers Organising exhibitions and seminars on bilingual computing - Technical seminars are held to help the users and manufacturers come face to face to discuss the use of Hindi software, etc.

The Department of Official Language has now set up its portal www.rajbhasha.gov.in(External website that opens in a new window).

Publications
The Department of Official Language brings out 'Rajbhasha Bharati', a quarterly magazine, dedicated for encouraging writings in the field of Official Language, literature, technology, information technology, etc., in Hindi and also to give wide publicity to the efforts being made in different Central Government Offices for the use and propagation of Official Language Hindi. So far 112 issues of Rajbhasha Bharati have been published. Likewise, Annual Programme for implementation of the Official Language policy is brought out every year. Annual Assessment Report regarding the use of Official Language in different Ministries/Departments and offices of the Central Government/Public Sector Undertakings, etc., is also brought out every year and laid on the tables of both the houses of Parliament. Official Language Manual, Calendars, Films, Posters, etc., are also brought out to give information regarding the activities relating to propagation and progressive use of Hindi as the Official Language.

Comptroller & Auditor General

Comptroller and Auditor-General is appointed by the President. Procedure and grounds for his removal from office are the same as for a Supreme Court Judge. He is not eligible for further office under the Union or a State Government after he ceases to hold his office. The President on advice of Comptroller and Auditor-General prescribes the form in which accounts of the Union and states are to be kept. His reports on accounts of the Union and states are submitted to the President and respective governors which are placed before Parliament and state legislatures.

Administrative Reforms & Public Grievances

Department of Administrative Reforms and Public Grievances is the nodal agency of the Government for Administrative Reforms as well as redressal of public grievances relating to the States in general and grievances pertaining to Central Government agencies in particular. The Department disseminates information on important activities of the Government relating to administrative reforms best practices and public grievance redressal through publications and documentation. The Department also undertakes activities in the field of international exchange and cooperation to promote public service reforms. The mission of the Department is to act as a facilitator, in consultation with Central Ministries/Departments, States/UT Administrations, Organisations and Civil Society Representatives, to improve Government functioning through process re-engineering, systemic changes. Organisation and Methods, efficient Grievance handling promoting modernisation, Citizens Charters, award schemes, e-governance and best practices in government. A Commission on Review of Administrative Laws was set up by the Department of Administrative Reforms and Public Grievances on 8 May 1998 with a view to identify proposals for amendment of the existing laws, regulations and procedures having inter-sectoral impact and also for repeal of all dysfunctional laws. The various Ministries/Departments have decided to retain 822 Acts (which include 700 Appropriation Acts and 27 Reorganisation Acts). The remaining Acts are at various stages of processing. The Second Administrative Reforms Commission (ARC) was setup in 2005 under the Chairmanship of Shri Veerappa Moily to prepare a detailed blueprint for revamping the public administrative system. The Commission set up to suggest measures to achieve a proactive, responsive, accountable, sustainable and efficient administration for the country at all levels of the government has finished its term on April 30, 2009. In all, the Commission has presented the following 15 Reports to the Government: i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. Right to Information-Master Key to Good Governance (09.06.2006) Unlocking Human Capital - Entitlements and Governance-a Case Study (31.07.2006) Crisis Management-From Despair to Hope (31.10.2006) Ethics in Governance (12.02.2007) Public Order-Justice for each..... peace for all. (25.06.2007) Local Governance (27.11.2007) Capacity Building for Conflict Resolution - Friction to Fusion (17.3.2008) Combating Terrorism (17.9.2008) Social Capital - A Shared Destiny (8.10.2008) Refurbishing of Personnel Administration - Scaling New Heights (27.11.2008) Promoting e-Governance - The Smart Way Forward (20.01.2009)

xii. xiii. xiv. xv.

Citizen Centric Administration - The Heart of Governance (30.3.2009) Organisational Structure of Government of India (19.5.2009) Strengthening Financial Management Systems (26.5.2009) State & District Administration (29.5.2009)

A group of Ministers has been constituted to review the pace of implementation of the recommendations of ARC as well as to provide guidance to the concerned Ministries/Department in implementing the decisions. The Department also instituted in 2005, "Prime Minister's Awards for Excellence in Public administration" to recognise the extraordinary and innovative work done by the officers of the Central and State Governments. The Award comprise i. ii. iii. A Medal, A scroll, and, Cash Award of Rs. 1,00,000.

In case of a group of officials total award money for the group is Rs. 5 lakh subject to a maximum of Rs. One lakh per person. The amount for an organisation is upto a limit of Rs. 5 lakh. All officers of the Central and State Governments individually or as a group or as organisations are eligible to be considered for the awards. The Awards are given away on the occasion of Civil Service Day being celebrated every year on April 21. Under e-Governance, the Department is in process of implementing e-office, one of the Mission projects, under the National e-Governance Plan (NeGP). The initiative, e-Office aims at significantly improving the operational efficiency of Central government ministries/departments through improvement in workflow mechanisms and associated office procedure manuals. This initiative would be crucial in pushing GPR, especially in G2G processes which eventually affects quality of services delivered to the citizens. This Department is the nodal agency for implementing the project. The Department also organizes an annual conference on e-Governance, in one of the state capitals, which is attended by senior officials from the Central/state governments, experts from industry and academia, etc. National awards for e-Governance are also given away during such conferences. These awards are in recognition of the best-in-class e-Governance initiatives that involve analysis and redesign of workflow and aim at improving the outcomes, related to efficiency, effectiveness of process, cost, quality, service delivery or a combination of these. The Department has developed a Model-(SEVOTTAM) for benchmarking service delivery standards by the Government departments. The main objective of the project is to set standards in consultation with user group and include these standards in the citizen's charter. It also provides a framework to assess the performance against the standards and to measure improvement and achievements of these standards. The model is aimed to bring about excellence in service delivery standards in government organizations and is to be implemented in all Central ministries/departments. The Sevottam model was studied by the Second Administrative Reforms Commission and was of the view that this model is a step in the right direction. The Commission also recommended that the Union and state government should make the seven-step model mandatory for all organizations having public interface. The DARPG has introduced this model through pilots in ten Central ministries and departments. Out of the ten departments the pilot in the Department of Posts has been completed and Gol Dakkhana, New Delhi was awarded the first Sevottam certification in March 2008. The pilot in the remaining 9 Departments are at various stages of implementation. The Department of Administrative Reforms and Public Grievances has the mandate of promoting good governance practices in the country. Documentation, incubation and dissemination of best practices is one of the tasks enumerated in its Vision and Mission Statement. In pursuance of this and in order to promote good

governance practices in the country, the Department has adopted multi-pronged strategies like bringing out publications, organizing seminars, regional conferences, arranging presentations, organizing lecture series and producing documentary films. Through its regular publications, "Management in Government-a Quarterly Journal" and "Civil Service Newsa Monthly News letter", the Department is creating awareness about best practices, Besides, it has brought out five books namely, 'Ideas That Have Worked', Learn From Them, 'Splendour in the Grass', Roofless Towers and 'BYOB - Bringing Your Bytes', These books share experiences of success or failure of innovators. A portal of best practices called 'Governance knowledge Centre' has been launched to effectively pursue the objective of dissemination of best practices facilitating their replication. The Department has also produced a DVD containing 73 select reports of commissions/committee on administrative reforms since 1812 till date.

Administrative Tribunals
The enactment of Administrative Tribunals Act in 1985 opened a new chapter in the sphere of administering justice to the aggrieved government servants. Administrative Tribunals Act owes its origin to Article 323-A of the Constitution which empowers Central Government to set-up by an Act of Parliament, Administrative Tribunals for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to the public service and posts in connection with the affairs of the Union and the States. In pursuance of the provisions contained in the Administrative Tribunals Act, 1985, the Administrative Tribunals set-up under it exercise original jurisdiction in respect of service matters of employees covered by it. As a result of the judgement dated 18 March 1997 of the Supreme Court, the appeals against the orders of an Administrative Tribunal shall lie before the Division Bench of the concerned High Court. The Administrative Tribunals exercise jurisdiction only in relation to the service matters of the litigants covered by the Act. The procedural simplicity of the Act can be appreciated from the fact that the aggrieved person can also appear before it personally. The Government can present its case through its departmental officers or legal practitioners. Thus, the objective of the Tribunal is to provide for speedy and inexpensive justice to the litigants. The Act provides for establishment of Central Administrative Tribunal (CAT) and the State Administrative Tribunals. The CAT was set-up on 1 November 1985. Today, it has 17 regular benches, 15 of which operate at the principal seats of High Courts and the remaining two at Jaipur and Lucknow. These Benches also hold circuit sittings at other seats of High Courts. In brief, the tribunal consists of a Chairman, Vice-Chairman and Members. The Members are drawn, both from judicial as well as administrative streams so as to give the Tribunal the benefit of expertise both in legal and administrative spheres.

The creation of the constitution

THE INDIAN CONSTITUTION - INTRODUCTION

The constitution is the supreme law of the land. All other laws have to conform to the Constitution. The constitution contains laws concerning the government.

Historical background

The Indian constitution originated in the British period. The idea of the rule of law (people as well as rulers being subject to written down laws) came from the British.

There were three main stages in the evolution of the Indian constitution under the British:

1. 1600-1765 In 1600, the East India Company came to India as a trading company from Britain. In 1765, it became an administrative power after gaining the right of taxation in Bengal.

2. 1765-1858 During this period, the company established a unified control over the whole of India from a single center in Calcutta. Its rule ended with the Revolt of 1857.

3. 1858-1947 This period of the British Raj was the time when the Constitution of India took shape. The main stages of its evolution were:

The Act for the Better Government of India (1858). This put India directly under the control of the British government.

Indian Councils Act (1861). A separate legislative council was set up to assist the Governor-General in making laws. Indians could be appointed to the council.

Indian Councils Act (1892). As a result of Indian demands, the sizes of the executive and legislative councils were increased. More Indians were appointed to these Councils.

Indian Councils Act (1909). This act increased the sizes of the councils again, and also gave the legislative council more powers. More people were elected to the councils.

Government of India Act (1919). This introduced 'dyarchy' at the provincial level. Elected Indians were given charge of some areas of government at the provincial level.

Government of India Act (1935). This introduced 'provincial autonomy': elected Indians took over the government in the provinces.

Indian Independence Act (1947). The British handed over control of the Government of India to two dominions - India and Pakistan.

The Constituent Assembly. This was formed in 1946 to make independent India's constitution. Its president was Dr. Rajendra Prasad, and the chairman of its drafting committee was Dr. Bhimrao Ambedkar.

The assembly passed a resolution in 1947 January defining the objectives of the constitution: To set up a Union of India comprising British India and the princely states. To set up a federal form of government with separate state and central governments. To set up a democracy in which all power is derived from the people:

o o

where all people are guaranteed justice, equality and freedom; where minorities, depressed classes and the tribals' rights areprotected; To protect the integrity of India and her sovereign rights over land, sea and air.

The Assembly approved the constitution in November 1949, and the constitution came into effect on 26 January 1950.

The features of the Indian Constitution

In making the constitution, the Assembly was inspired by several sources: the Preamble was inspired by the French Declaration of the Rights of Man and Citizen, the Fundamental Rights by the American Bill of Rights, the Directive Principles by the Irish constitution, and the federal set up by the American form of government as well as the Act of 1935.

The following are some of the prominent features of our constitution:

1. A federal (dual) polity

India has both central and state governments. They have their separate spheres of functioning, and are not subordinate to each other. For a federal setup to work, there must be a written, supreme, and rigid constitution, with a powerful and independent Supreme Court. India has all this.

2. A long constitution

Our constitution is the lengthiest of the world. It has 395 articles in 22 parts and 8 schedules. It contains details of the central as well as the state governments.

3. A sovereign, socialist, and democratic republic

India is sovereign because its government is not subject to any outside authority.

India is also socialist. This means the government owns and distributes some of the means of production in the country.

India is secular because there is no state religion. The state treats all religions equally.

India is a democracy because its rulers are elected by the people and are responsible to them.

India is a republic because it has an elected head of state.

4. Parliamentary government

India has a parliamentary form of government. This means the executive (the Prime Minister and his council of ministers) is responsible to the legislature (parliament).

5. Blend of flexibility and rigidity

Usually, the process of the amendment of the Indian constitution is simple and requires only a majority in the parliament. But in cases involving the government of the states, the process of amendment is more complicated and requires the consent of at least half the state legislatures.

6. Fundamental Rights

These are contained in Part III of the constitution. The fundamental rights are in the nature of restrictions on the power of the government. They are protected by the Supreme Court.

7. Directive Principles

These are contained in Part IV and define the aims of the government. They aim to set up a socialistic state in India, in which all basic needs are met by the government. But they are not enforceable by the Supreme Court.

8. Universal adult suffrage (franchise)

Franchise or suffrage means the right to vote. In India, anybody over the age of 18 can vote without qualifications of sex, property, taxation, or literacy.

9. An independent judiciary

The Indian Supreme Court is independent and impartial. It safeguards the fundamental rights and settles disputes between the centre and the states.

10. Single citizenship

Indians are citizens only of their country, not of the state they belong to or live in.

11. Fundamental duties

These were introduced by the 42nd amendment in 1976. They are intended to balance the fundamental rights. But they are also not justiciable.

The Preamble
The Preamble is an introduction to the constitution. It contains the objectives and ideals of the constitution.

We, the People of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic, and to secure to all its citizens: Justice: social, economic, and political; Liberty: of thought, expression, belief, faith and worship; Equality: of status and of opportunity; and to promote among them all; Fraternity: assuring the dignity of the individual and the unity and the integrity of the Nation, In our Constituent Assembly this twenty-sixth day of November, 1949, do hereby adopt, enact, and give to ourselves this Constitution.

The Preamble shows the source of the Constitution - the people of India. It shows the kind of government, and the rights and freedoms the people want to establish.

The Preamble states India should be a 'sovereign, socialist, secular, democratic, republic.' The words 'socialist' and 'secular' were inserted by the 42nd amendment in 1976.

The constitution makers tried to implement the ideals of the Preamble in the main body of the constitution. Thus, for 'justice', the constitution guarantees the fundamental right to equality before the law, and the directive principles, which aim at social and economic equality. Liberty is granted through the right to freedom and the right to the freedom of religion; equality, through the right to equality before the law and special provisions for the weaker classes; and fraternity by abolishing practices like untouchability and the use of titles.

Citizenship
A citizen of a nation is a person who enjoys full civil and political rights in that nation. Aliens are people who do not enjoy these all rights.

Rights available for citizens

In India, the following rights are available only to citizens:

(1) The right not be discriminated against on grounds of religion, race, caste, sex, or place of birth.

(2) The right to equality of opportunity in matters of public employment.

(3) The right to the six freedoms of Article 19: of speech, assembly, association, movement, residence, and occupation.

(4) Cultural and educational rights.

(5) The right to vote for elections to the Parliament and the legislative assemblies of the states.

(6) Certain offices, e.g. the President, Prime Minister, Vice-president, Judges of the Supreme or High Court, can be occupied only by citizens.

The right to equality before the law and equal protection of the law, the right to the protection of life and personal liberty, and the right to freedom of religion, are available to aliens also.

Single and dual citizenship

India has single citizenship - that means a person can be only a citizen of India, not of any of the states of India. Also, the Indian constitution forbids dual citizenship, whereby a person may be a citizen of two countries at the same time, or of a country and of one of its units/state at the same time.

Only a person can be a citizen of India, and claim the rights and privileges that go with citizenship.

Who are the citizens of India?

Constitutional provisions The Constitution describes the classes of people who would be considered citizens ofIndia at the time of the commencement of the Constitution.

(1) Citizens by domicile. Those who live in India and fulfill one of the following conditions:1. they were born in India, 2. their parents were born in India, or 3. they must have lived inIndia for at least 5 years before the commencement of the Constitution.

(2) Migrants from Pakistan to India. Migrants from Pakistan to India were to be considered Indian citizens if they, or their parents, were born in undivided India; and 1. they migrated to India before July 19, 1948, or 2. they migrated after 19 July 1948, but have lived in Indiafor at least six months and have applied to be registered as citizens.

(3) Migrants from India to Pakistan. Any person who migrated to Pakistan after March 1, 1947 ceases to be a citizen of India. If he wants to become citizen of India, he needs to come back and set up his domicile here and apply for registration as a citizen.

(4) People of Indian origin residing outside India. Those who are residing outside India, but whose parents or grandparents was born in undivided India can claim citizenship by registering as citizen with the diplomatic representatives of India. However, if they voluntarily acquire the citizenship of any foreign country they case to be citizens of India.

Citizenship Acts The Parliament passed the Citizenship Act (1955) and Citizenship (Amendment) Act (2003), laying down ways in which a person may acquire or lose Indian citizenship. According to these acts, a person may become citizen of India by:

(1) By birth. Anyone born in India is a citizen of India if both parents are citizens, or if one parent is a citizen of India, and the other is not an illegal immigrant.

(2) By descent. If a person is born outside India, he or she will be considered a citizen ofIndia if either of his parents is a citizen of India at the time of the birth. However, if the parent is a citizen of India by descent, the birth of the child needs to be registered with the Indian consulate for citizenship.

(3) By registration. A person of Indian origin who has lived in India for at least seven years, or someone married to an Indian citizen and resident in India for at least seven years, can apply to become citizens of India through registration.

(4) By naturalization. A person who has lived in India, or served the Government of India, for at least seven years, knows one of the official languages of India, has renounced the citizenship of his country of origin, and has taken the oath of allegiance of India, and is of good character, can apply for citizenship through naturalization.

According to these acts, a person can lose his citizenship by:

(1) Renunciation. An Indian citizen can make a declaration renouncing his citizenship, and have this declaration registered.

(2) Termination. When a person becomes a citizen of another country voluntarily, he automatically loses his citizenship of India.

(3) Deprivation. A person who became the citizen of India by naturalization or registration can be deprived of his citizenship if it was found that he gained his citizenship through false means, or showed disrespect for the Indian constitution, or was disloyal to the country, or was convicted of an offence within 5 years of getting the citizenship.

The Citizenship (Amendment) Act of 2003 also made it possible for people to be Overseas Citizens of India, if they were of Indian origin and held the citizenship of some selected countries (mostly West European and North American countries). This allows them to easily travel to and from India, but otherwise does not give them the privileges of people who are full citizens of India.

The fundamental rights - an introduction

The fundamental rights in the Indian constitution are:

Right to equality (Articles 14-18) Right to freedom (Articles 19-22) Right against exploitation (Articles 23-24) Right to freedom of religion (Articles 25-28) Cultural and educational rights (Articles 29-30) Right to constitutional remedies (Articles 32-35)

Some of most prominent features of the fundamental rights in the Indian constitution are:

(1) They are limitations on the powers of the government. They limit the powers of the executive and the legislature. They establish the 'rule of law'. The constitution, including the fundamental rights, is the supreme law to which other laws should conform.

(2) They are not absolute. No right is absolute. Some restrictions are necessary to maintain public order, morality, and health. The Indian constitution permits 'reasonable' restrictions on individual liberties. Also, fundamental rights may be suspended during national emergencies.

(3) Fundamental rights are available against the state and not private individuals. Fundamental rights are a guarantee against state action, and not private action. When an individual/private entity violates the fundamental rights of another individual, there are other laws to take care of this.

(4) Judicial review to safeguard fundamental rights. The Supreme and High Courts have been made independent and impartial, and they have the power to judge whether a law or amendment or an executive order is in accordance with the constitution or not. If not, they can declare them invalid.

(5) The fundamental rights can be amended. The Union Parliament can amend the fundamental rights with a two-thirds majority of those sitting and voting, so long as the two-thirds is not less than 50% of the Parliament.

(6) Fundamental rights are for citizens. However, aliens can claim the fundamental rights of religion and the fundamental right to life and personal liberty. The armed forces also have restrictions on their enjoyment of fundamental rights.

The Fundamental Rights

THE RIGHT TO EQUALITY

Article 14: Right to equality before the law and equal protection of the law Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, and place of birth. Article 16: Right to equality of opportunity in matters of public employment Article 17: The abolition of untouchability Article 18: The abolition of titles __________________________________

Article 14: The state cannot deny equality before the law and equal protection of the law to any person within the territory of India.

This means that no person or groups of people can claim special privileges. If the circumstances are equal, the law will treat them equally.

This right applies to all people within the territory of India, and not only Indian citizens.

Article 15: There should be no discrimination of grounds of religion, race, caste, sex, and place of birth.

This article applies only to citizens.

Clause (1) of this article says that there should be no discrimination only on these grounds or any of them.

Clause (2) says that no citizen should be subject to discrimination only on these grounds in matters of access to shops or use of public facilities.

Clause (3) and (4) allow special provisions to be made for women, children, and backward classes.

Article 16: There should be equality of opportunity in matters of public employment.

No citizen can be declared ineligible for public employment only on the grounds of religion, race, caste, sex, place of birth, descent, or residence.

However, the state can prescribe qualifications and tests for employment. It can also make special provisions for backward classes.

Article 17: Abolition of the practice of untouchability and its practice in any form.

The Civil Rights Act 1955 (then called the Untouchability Offences Act 1955) prescribed punishments for the practice of untouchability.

Article 18: Abolition of titles.

However, the government can confer awards for distinction in academics, arts, social work, or military service. ____________________________________

THE RIGHT TO FREEDOM - I

Article 19: The right to freedom (a) freedom of speech and expression (b) freedom of assembly (c) freedom to form associations (d) freedom of movement within the territory of India (e) freedom to reside and settle within the territory of India (f) freedom of profession, occupation, trade, and business. __________________________________________

Article 19 of the Constitution guarantees to the citizens of India freedom of speech and expression, freedom of assembly, freedom to form associations, freedom of movement, freedom to reside and settle, and freedom of profession, trade, occupation and business.

The freedom to acquire property used to be part of this article, but was removed by the 44th amendment of 1978. These rights are meant only for citizens of India, and they are not absolute. But the restrictions on these rights must be reasonable, and only to the extent that they are necessary to preserve public safety, health, order, decency and morality, or to fulfill certain Directive Principles. (a) Freedom of speech and expression Every citizen of India has the right to express his or her own belief orally or through writing, print, or pictures or any other media. Freedom of the press and the people's right to know are implicit in the freedom of speech and expression. However, in cases where the security of the state, friendly relations with a foreign state, public order, decency, morality, defamation, incitement to an offence, threat to the integrity and sovereignty of India, or contempt of court are concerned, the Constitution allows restrictions on the freedom of speech. (b) Freedom of assembly Indians have the right to assemble if the assembly is peaceful and unarmed.

However, if the assembled group of people commits a crime, or incites others to commit crimes, or prevents others from exercising their fundamental rights, the government is justified in preventing or dispersing such meetings. (c) Freedom of association Citizens have the right to form associations or unions. This includes companies, societies, partnerships, trade unions, and political parties. The freedom to join any voluntary association and the freedom to continue as a member are implied in the freedom of association. Reasonable restrictions apply here as well, concerning public order, morality, the sovereignty and integrity of India. Also, members and employees of the armed forces, even if they are civilians, cannot claim this right. (d) Freedom of movement Citizens have the right to freely move through the territory of India. The only restrictions which apply here are based on the need for public health and order, and to protect the interests of the Scheduled tribes. (e) Freedom to settle and reside Citizens have the right to reside and settle anywhere within India. There can be restrictions on this right only in order to protect public health, order, morality, and to protect the interests of the Scheduled Tribes. (f) Freedom of profession, occupation, trade, and business Citizens of India have the right to practice any profession, and carry on any occupation, trade, or business. The state has the authority to restrict this freedom in public interest, to prescribe tests and qualifications for certain professions, and to carry on certain trades and businesses excluding private parties. ____________________________________

RIGHT TO FREEDOM (II) - THE RIGHT TO LIFE AND LIBERTY

Article 20: (1) (Ex-post facto law) No person shall be convicted of any offense except for the violation of law in force at the time of commission of the act. (2) (Double jeopardy) No person shall be prosecuted and punished for the same offence more than once. (3) (Prohibition against self-incrimination) No person accused of any offense shall be compelled to be a witness against himself. Article 21: (safeguards against arbitrary arrest and detention) No person shall be deprived of his life or liberty except according to the procedure laid down by law. Article 22: (1) right to be informed about the ground of arrest (2) the right to consult or be represented by a lawyer of choice. (3) right to be produced before a magistrate within 24 hours and freedom from detention beyond said period except by order of the magistrate (4)-(7) (laws and procedure to be followed if the person arrested is under the Preventive Detention law) ____________________________________

Article 20: (1) (Ex-post facto law) No person shall be convicted of any offense except for the violation of law in force at the time of commission of the act.

The punishment given to such a person should also not be greater than that which is prescribed by the law at the time of the commission of the act.

(2) (Double jeopardy) No person shall be prosecuted and punished for the same offence more than once.

In India, this guarantee applies only when prosecution has been followed by conviction and punishment. The prosecution also should be in a court of law.

(3) (Prohibition against self-incrimination) No person accused of any offense shall be compelled to be a witness against himself.

Part of this right is the right to be presumed innocent till proven guilty. Confessions obtained through physical threats or violence or mental torture are not admitted as evidence in courts.

Article 21: (Right to life and liberty) No person shall be deprived of his life or liberty except according to the procedure laid down by law.

This means that if a person is to be deprived of his life and liberty, for example by the police, (1) there needs to be a law permitting this, and (2) the procedure laid down by the law should be fair, just and reasonable, and (3) the arrest should be done only in accordance with this procedure.

The Supreme and High Courts have also interpreted this to mean that a person's right to live should not be restricted to animal existence - he also has the right to adequate nutrition, shelter, clothing, etc.

Article 21 has been used in several public interest litigations. For example, it has been used to punish industrial units polluting the environment (by claiming a right to a clean environment as part of the right to life), ensure payment of minimum wages to workers, and the right to a speedy trial for prisoners.

By the 86th amendment of 2002, Article 21(A), the Right to Education, was added as a fundamental right. According to this, every child between the ages of 6 and 14 has the right to free and compulsory primary education.

Article 22: (safeguards against arbitrary arrest and detention) (1) right to be informed about the ground of arrest (2) the right to consult or be represented by a lawyer of choice.

(3) right to be produced before a magistrate within 24 hours and freedom from detention beyond said period except by order of the magistrate

Even if a person does not ask for a lawyer, because of poverty or ignorance, it is the duty of the court to provide him with a lawyer.

(4)-(7) (laws and procedure to be followed if the person arrested is under preventive detention laws)

These provisions apply when a person is arrested under preventive detention laws like MISA (Maintenance of Internal Security Act) (now repealed), TADA (Terrorist and Disruptive Activities Prevention Act) (lapsed), POTA (Prevention of Terrorism Act). These acts, enacted for the ostensible purpose of fighting terrorism, allow detention of people with low standards of evidence, without being accused of a crime, without being brought before a court immediately, and without having access to a lawyer, for undefined amounts of time.

No person may be kept under custody for more than three months unless this is approved by an Advisory Board composed of people qualified to be High Court judges. The person under detention should be informed about the grounds of arrest as soon as possible and be given the opportunity to defend himself against the order of detention. ____________________________________

RIGHT AGAINST EXPLOITATION

Article 23: Prohibition of traffic inhuman beings and forced labour; Clause (1) Contravention of this Article is an offence punishable by law Clause (2) The State can impose compulsory service for public purposes provided in this it does not make any discrimination on grounds of religion, race, caste, class or any of these

Article 24: No child below fourteen years of age is to be employed to work in any factory or mine or any other hazardous occupation. ____________________________________

Article 23: Prohibition of traffic inhuman beings and forced labour;

This means the buying or selling of human beings for whatever purpose, including slavery, is prohibited by the constitution. It includes begar and forced or unpaid labour in all forms.

Clause (1) Contravention of this Article is an offence punishable by law Clause (2) The State can impose compulsory service for public purposes provided in this it does not make any discrimination on grounds of religion, race, caste, class or any of these

However, the government can impose compulsory service for public purposes, for example, compulsory military or social service. But this must not be discriminatory.

Article 24: No child below fourteen years of age is to be employed to work in any factory or mine or any other hazardous occupation.

Since 2006, work in hotels, restaurants, and homes as domestic help is also prohibited. ____________________________________

RIGHT TO FREEDOM OF RELIGION

Article 25: Freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health. (a) The government can regulate the economic, financial, political, and other secular activity connected with religious practice. (b) The government can also provide for social welfare and reform, especially to throw open public Hindu religious institutions to Hindus of all sections. Article 26: Freedom to manage religious affairs. (a) Freedom to establish and maintain charitable institutions; (b) to manage its own affairs in the matters of religion; (c) to acquire and own moveable and immoveable property; (d) to administer such property in accordance with the law Article 27: No person shall be compelled to pay any tax for the promotion or maintenance of any religion. Article 28: Prohibition of religious instruction in state-funded institutions. ____________________________________

India is a secular state. By the 42nd amendment of 1976, the word 'secularism' was added to the Preamble. This means that India has no state religion, no discrimination the basis of religion, the state treats all religions equally, and it is concerned with man-man, and not man-God, relationships.

Article 25: Freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health.

All persons in India have the right to declare openly their faith and beliefs, to perform the duties, rites, and rituals prescribed by their religion, and also to spread or publicize their religion.

(a) The government can regulate the economic, financial, political, and other secular activity connected with religious practice.

However, the government has the right to regulate the non-religious activities, as well as the non-essential religious rites, connected with religions.

(b) The government can also provide for social welfare and reform, especially to throw open public Hindu religious institutions to Hindus of all sections.

The government can make progressive laws regulating religious practices. For example, the government can make laws throwing open all religious institutions to all classes of people.

Article 26: Freedom to manage religious affairs. (a) Freedom to establish and maintain charitable institutions; (b) to manage its own affairs in the matters of religion; (c) to acquire and own moveable and immoveable property; (d) to administer such property in accordance with the law

This right applies not to individuals but to organized bodies such as religious denominations.

Religious bodies can set up and administer educational and other charitable institutions, and the state will not interfere with them unless public order, health, etc. are threatened. However, their secular activity can be regulated by the government. They also need to follow laws concerning property and labour.

Article 27: No person shall be compelled to pay any tax for the promotion or maintenance of any religion.

While the state cannot levy any tax to promote a religion, religious institutions may charge a fee for certain services.

Article 28: Prohibition of religious instruction in state-funded institutions.

There should be no religious instruction in any institution wholly maintained out of state funds.

In institutions which are aided by the state, there may be religious instruction but it should not be compulsory.

____________________________________

CULTURAL AND EDUCATIONAL RIGHTS

Article 29: (1) Any section of citizens having a distinct language, script, or culture of their own, has the right to conserve the same. (2) No citizen is to be denied admission into any educational institution maintained or aided by the state, only on grounds of religion, race, caste or language. Article 30: (1) All minorities have the right to establish and administer their own educational institutions. (2) The State, in granting aid, is not to discriminate against any educational institution only on grounds of it being under the management of a minority. ____________________________________

Article 29: (1) Any section of citizens having a distinct language, script, or culture of their own, has the right to conserve the same.

These rights apply only to well-defined minorities, and only for people who are citizens ofIndia and resident within India.

(2) No citizen is to be denied admission into any educational institution maintained or aided by the state, only on grounds of religion, race, caste or language.

Admission may, however, be denied for academic reasons. Also, according to the constitution, it is permissible to reserve seats for the weaker sections of society.

Article 30: (1) All minorities based on language or religion have the right to establish and administer their own educational institutions.

This has been granted only to religious and linguistic minorities. They have the right to set up educational institutions with the aim of conserving their language, religion, and culture.

(2) The State, in granting aid, is not to discriminate against any educational institution only on grounds of it being under the management of a minority.

Minority educational institutions can claim aid from the state. However, in accepting aid, they agree to follow government regulations regarding curriculum, the qualification of teachers, labour practices, etc. They also have to then reserve a portion of their seats for people from all communities. ____________________________________

RIGHT TO CONSTITUTIONAL REMEDIES

Article 32 (1) Right to move the Supreme Court for enforcement of fundamental rights granted by Part III

(2) The Supreme Court can issue appropriate wits including those in the nature ofhabeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the purpose of protecting fundamental rights. (3) Parliament may by law empower any other court to exercise any other court to exercise within the local limits of its jurisdiction, any or all the powers normally exercised by the Supreme Court. (4) The rights granted by this article are not to be suspended 'except as otherwise provided for by the constitution'. ____________________________________

Article 32 (1) Right to move the Supreme Court for enforcement of fundamental rights granted by Part III

This, according to Dr. Ambedkar, is the most important part of the Constitution as it makes the fundamental rights real in the lives of Indians.

Normally, it is only the person whose rights have been violated who can move the court for restoration of the rights. However, the Indian Supreme Court permits public interest litigation (PILs) - in this, public-spirited individuals are allowed to file cases to restore the constitutional rights of any group of people who for some reason (such as poverty or ignorance) are unable to approach the court directly for relief.

(2) The Supreme Court can issue appropriate wits including those in the nature ofhabeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the purpose of protecting fundamental rights.

Habeas Corpus is a Latin term meaning 'You may have the body'. The writ is issued to the person who is detaining someone else, asking him under what authority he is detaining the other person. The person being detained is also brought before the court. If the Court finds no legal justification for the detention, the person will be released.

Mandamus, Latin for 'the order', is issued when a public officer fails to perform his duty. A private person can apply for this writ, especially if previous demands to perform the duty, or public authority orders, have been refused. This compels the public officer to perform his duty.

Quo warranto, 'by what authority', is a writ issued to a person who is wrongfully appointed to a public office. This compels him to prove to the court his reasons for occupying that particular office.

Prohibition is a writ issued to a lower court to prevent it from taking up cases over which it has no jurisdiction.

Certiorari is used to quash the decisions of a lower court when it acts against its jurisdiction or against natural justice.

(3) Parliament may by law empower any other court to exercise any other court to exercise within the local limits of its jurisdiction, any or all the powers normally exercised by the Supreme Court. (4) The rights granted by this article are not to be suspended 'except as otherwise provided for by the constitution'.

The right to constitutional remedies is suspended only in very rare situations in which an emergency is proclaimed in accordance with the procedure laid down in the Constitution. ____________________________________

SOME OTHER RIGHTS

The Right to Property (Article 300A)

This is a constitutional but not a fundamental right: it is not part of Part III which is the chapter on fundamental rights, but is included in Article 300A in the Constitution.

According to Article 300A, no person is to be deprived of his property save by authority of law.

Therefore, for property to be taken away from a person, there should be a valid law passed in Parliament. The procedure laid down in the law should be fair, just and reasonable, the purpose should concern public welfare, and a just compensation should be given (according to the interpretation of the Supreme Court).

Both citizens and aliens can claim this right. 'Property' under this article means both movable and immovable property.

The Right to Education (Article 21A)

This became a fundamental right after the passing of the 86th amendment in 2002. According to this, the state should provide free and compulsory education to all children 6 to 14 years of age in such a manner that the state may by law determine.

The Right to Education Act 2005 tried to work out a way to implement this. It provides for a school in every neighbourhood, free education in government schools, school management committees including parents, and 25% of students from weaker sections in private schools.

The Right to Information

The Right to Information Act was passed in 2005, and it is a legal right.

This Act enables the public to access the records of the union and state governments. Citizens have the right to request any information, take copies of documents, take samples of work and

materials, and get information in electronic mode. All government departments should appoint a public information officer who deals with such requests.

The Right to Work

This is guaranteed by the National Rural Employment Guarantee Act of 2005.

It provides a guarantee of 100 days' work for minimum wages to at least one member of a household in rural areas. One third should be reserved for women. The job card under this act is the right of every rural household which applies for it.

Some proposed rights

The following rights are under the consideration of government and civil society groups:

The Right to Food In 2001, the Supreme court stated that the right to life included the right to food. But many Indians want a separate law on the right to food to make it more effective. The UPA government has promised a food security act, guaranteeing at least 25 kg of wheat at Rs. 3/kg to all households below the poverty line. The Right to Food Campaign, a coalition of nongovernmental organizations, has also put forward its own proposal for a food security bill. The two are now being debated in India.

The Right to Reject and the Right to Recall These have been part of the demands of Anna Hazare's group. The Right to Reject (also called negative or neutral voting) means a voter will have the right to reject a candidate. A candidate rejected by a majority of voters will be disqualified.

Currently, voters can register their decision not to vote for any candidate under Section 49(O) of the election rules. However, this will not affect the outcome of the elections.

The Right to Recall means that if a majority of voters in a referendum vote to 'recall' an elected representative from his post, that candidate will have to resign. The referendum is held if a certain minimum number of voters in a constituency demand it.

FUNDAMENTAL DUTIES

These are the fundamental duties of citizens of India, according to the Indian Constitution:

(1) to abide by the Constitution, to respect the National Flag and National Anthem, (2) to follow the ideals which inspired our freedom struggle, (3) to uphold the unity, integrity and sovereignty of India, (4) to defend the country, (5) to promote harmony among all Indians, (6) to preserve our rich heritage, (7) to protect the natural environment, (8) to develop the scientific temper, (9) to safeguard public property, and (10) to try to achieve excellence in all fields.

The fundamental duties were added to the Constitution by the 42nd Amendment in 1976.

The duties are not enforceable. But they are helpful in interpreting the Constitution.

DIRECTIVE PRINCIPLES

The Directive Principles are the social, economic, and political principles that should guide the policy of the government. They are in the form of instructions to the government. They lay an ideological foundation for a welfare state in India. A welfare state is a form of government in which the state plays an important role in protecting and promoting the economic and social well-being of its citizens.

The Principles are contained in Part IV of the Constitution, from Articles 36 to 57.

I. The Directive Principles:

a. Social and economic charter The state is to promote a social order based on justice through: an adequate means of livelihood for all people. ownership and control of material resources being distributed for the common good. an economic system that does not lead to concentration of wealth. equal pay for equal work. protection of the health and strength of workers and prevention of child labour. opportunities for children to develop and protecting children and young people from exploitation.

b. Social security charter The state should try to promote: the participation of workers in the management of industries. the right to work, education, and public assistance in certain cases. just and humane conditions of work. a living wage for workers. improvement in the standard of living and in health, especially through the prohibition of alcoholic drinks. promotion of the economic and cultural interests of the weaker sections. equal justice and free legal aid to economically backward classes.

c. Community welfare charter The state should try to promote: a uniform civil code throughout the territory of India. scientific agriculture and animal husbandry by financial and other assistance. protection and improvement of forests and wildlife. protection and improvement of monuments, places, and objects of national importance. separation of the judiciary from the executive. promotion of international peace and security. organization of village panchayats.

II. Fundamental Rights and Directive Principles

Fundamental rights are justiciable, while the directive principles are non-justiciable. That is, fundamental rights can be enforced by courts, while the directive principles cannot.

Fundamental rights are in the nature of restrictions on the power of the government. Directive principles, on the other hand, are in the nature of instructions to the government of India and they tend to increase the power of the government.

Fundamental rights concern civil and political rights; the directive principles concern social and economic rights.

Sometimes fundamental rights clash with directive principles. But the executive, the legislature, and the judiciary should seek a harmony of both.

III. Implementation of Directive Principles

The following government actions were inspired by the directive principles: abolition of zamindaris and jagirdaris. laws for improving the condition of cultivators. untouchability being made an offence punishable by law. minimum wages and better labour laws for improving the condition of labourers. the establishment of panchayats with civil administration powers. the establishment and promotion of cottage industries. compulsory education. separation of the executive and the judiciary. nationalization of banks. the abolition of privy purses.

THE UNION EXECUTIVE - THE PRESIDENT

The President is the Head of the Government of India and the Supreme Commander of the armed forces of India. However, his position in India does not involve much real power. He is therefore the 'nominal executive', whereas the Prime Minister is the real executive.

He is elected by an electoral college which consists of: (1) the elected members of both houses of Parliament, (2) the elected members of the state legislative assemblies. The system of election is proportional representation by means of a single transferable vote.

To be elected President, a person must have the following qualifications: (1) He must be citizen of India, (2) at least 35 years of age, (3) be eligible for election into the Lok Sabha, and

(4) must not hold an office of profit under the Government of India.

The President is elected for a term of 5 years, but he can be reelected.

The President may also vacate his office by: (1) resignation, or (2) impeachment - a judicial procedure of the Parliament for the removal of high officers of the Government of India. They can be impeached for violation of the constitution.

The following is the procedure for impeachment of the President: (1) Either house of Parliament may introduce a resolution containing a proposal to impeach the President. To introduce such a resolution, at least 1/4th of the members of the house should support it. (2) The resolution should be passed by at least 2/3rds of the total membership of the house. (3) The resolution is then taken up by the other house, which investigates the charges against the President. (4) If the other house also passes the resolution by a 2/3rd majority, the President is deemed to have vacated his office from the date the resolution was passed.

The President has the following privileges: (1) he is not answerable in any court for the exercise of his duties. (2) no criminal proceedings can be brought against the President during his term of office. (3) no warrant for arrest or imprisonment can be issued against him during his term of office. (4) No civil proceedings can be brought against the President during his term without a written notice of two months.

These are the powers and functions of the President of India according to the Constitution. In using these powers, he has to act in accordance with the advice of the Prime Minister and his Council of Ministers.

(1) Executive powers The executive power of the Union is vested in the President. All functions of government are carried out in his name.

Powers of appointment. He appoints the Prime Minister, the other ministers of the Council of Ministers, the Supreme Court and High Court judges, the Governors of the states, the Attorney-General, the Comptroller and Auditor-General, etc. He also has the power to remove them from their posts. Military powers. He is the Supreme Commander of the armed forces of the country. He declares war and peace. Diplomatic powers. As the Head of the State, the President sends and receives ambassadors and other diplomatic representatives. All international agreements are concluded in his name. (2) Legislative powers The President of India is also a part of Parliament. He addresses the Parliament and outlines the policy of the government.

He summons and prorogues the Parliament. He calls joint sittings of Parliament. He can dissolve the Lok Sabha. Every bill passed in Parliament needs his assent to become law. If the bill is not a money bill, the President can send it back for reconsideration. Bills concerning the formation of new states, or trade between states need his recommendation before being introduced in Parliament. He nominates 12 members of the Rajya Sabha from people who have made outstanding contribution to society. He can also nominate two Anglo-Indians. He lays before the Parliament the annual finance budget and the reports of the AuditorGeneral, the Finance Commission, the Union Public Service Commission, the Special Commission for Scheduled Castes and Scheduled Tribes, etc. (3) Ordinance making powers The President can issue ordinances when Parliament is not in session, and when the circumstances require it. Ordinances have the same force as acts of Parliament. But they must be approved by Parliament within six weeks of the reassembly to continue to be in force.

(4) Pardoning power The President has the power to pardon, reprieve, respite, remit or commute the sentence of anyone convicted in a court martial, or a court of law, especially in all cases involving the death penalty.

(5) Emergency powers An emergency may arise due to war, external aggression, armed rebellion, breakdown of constitutional machinery or a financial crisis. During an emergency, the President can suspend fundamental rights and give directions to the state governments. In case of the breakdown of constitutional machinery in states, the President takes over the powers of the Governor, and the functions of the state legislature and executive will be exercised by or under the authority of the President.

The position of the President, however, is that of a nominal head of state. The real powers are exercised by the Prime Minister.

This is because the constitution provides for a Council of Ministers, with the Prime Minister at the head, to aid and advise the President in the exercise of his functions. By the 42nd Amendment of 1976, the President is bound to act in accordance with such advice.

The constitution also has the following safeguards to make sure the President does not become a dictator:

(1) If the President dismisses or ignores the advice of a Council of Ministers with a majority in Parliament, they can impeach the President.

(2) Laws can be made, taxes can be imposed, and government funds can be used only with the authority of the Parliament.

(3) By convention, since the Constitution was framed in 1950, the President has been a nominal Head with the real executive power being in the hands of the Council of Ministers and the Prime Minister. _

THE UNION EXECUTIVE: THE PRIME MINISTER AND COUNCIL OF MINISTERS

THE COUNCIL OF MINISTERS

The Constitution provides that there should be a Council of Ministers with the Prime Minister at its head to aid and advise the President in the exercise of his functions.

The President appoints as Prime Minister the person who can command the support of the majority in the Lok Sabha. This will usually be the leader of the majority party in the Lok Sabha. He appoints the Council of Ministers on the advice of the Prime Minister.

All members of the Council of Ministers should be members of Parliament. A non-member is sometimes appointed, but he needs to become a member within six months of appointment. The size of the Council should not be more than 15% of the membership of the Lok Sabha.

A person who is guilty of defecting from his party, or who has been convicted of a criminal offence and sentenced to more than two years of imprisonment cannot be appointed as a minister.

There are three categories of ministers within the Council of Ministers:

(1) Cabinet ministers. They are the senior-most ministers who head the most important departments (portfolios).

(2) Ministers of state. They work under cabinet ministers or are independent heads of smaller ministries.

(3) Deputy ministers. They work under cabinet ministers and do not have independent charge of any department.

Parliamentary secretaries may also be appointed to help ministers with their work. Parliamentary secretaries need to be members of Parliament.

The Council of Ministers and the Cabinet are therefore different. The Cabinet performs most of the functions of the Council of Ministers as described in the Constitution. The Cabinet is a smaller body (usually a number between 15 and 30) than the Council of Ministers (which may be much larger).

Functions of the Cabinet:

(1) To formulate policies. The Cabinet formulates policies and creates laws or takes executive actions that embody these policies.

(2) To coordinate the functioning of the various departments. This it does through having frequent interdepartmental meetings and settling interdepartmental disputes.

(3) To make all appointments under the government. All appointments are made in the name of the President, but the persons are selected by the cabinet and the council of ministers.

Members of the cabinet meet frequently - sometime more than once a week. There is a cabinet secretariat to help the cabinet in its functions.

Cabinet and Parliament

(1) The cabinet is responsible to the Lok Sabha collectively for all its actions. The Lok Sabha, therefore, controls the cabinet.

Ministers in the cabinet have to be members of Parliament. They have to attend Parliament and present their reports of their respective departments' functioning to Parliament. They have to answer questions in Parliament. If the Lok Sabha passes a no-confidence motion against the cabinet, the cabinet and prime minister have to resign.

(2) If the cabinet is supported by a majority in the Lok Sabha, it can lead the Parliament. They can decide which laws they want to pass. However, they still have to answer questions from the opposition in Parliament.

PRIME MINISTER

The role of the Prime Minister

(1) The Prime Minister is the head of the Council of Ministers.

As the head, he has a special position - 'keystone of the cabinet arch'.

This is because:

he embodies the principle of collective responsibility. The Prime Minister and his council are collectively responsible to the Lok Sabha. They function as a team and are united in public. If the Prime Minister resigns, the entire cabinet and Council of Ministers resigns along with him. the Council of Ministers is appointed on his advice. he is the connecting link between the Council of Ministers and the President. He is the person who conveys the decisions of the Council to the President. (2) The powers listed under the President in the constitution are always exercised on the advice of the Prime Minister as long as he has majority support in the Lok Sabha.

Even during an emergency, the powers are exercised by the Prime Minister acting through the President.

THE VICE-PRESIDENT

The Vice President is elected by members of both houses of Parliament. The method of voting is proportional representation by means of a single transferable vote and secret ballot.

He vacates his office through resignation or removal by a resolution passed by a majority of the members of the Rajya Sabha and supported by the Lok Sabha (impeachment).

His main functions are:

(1) to preside over the Rajya Sabha. He is the ex-officio Chairman of the Rajya Sabha.

(2) to fulfill the functions of the President when the President is unable to for any reason. When the Vice President is filling in for President, he enjoys all the privileges and immunities of President.

THE ATTORNEY GENERAL

He is appointed by the President on the advice of the Prime Minister, and holds office during the pleasure of the President. He has to be qualified to be a judge of the Supreme Court.

His function is to advise the government in legal matters and perform other necessary legal duties for the government.

THE UNION LEGISLATURE

India has a Parliamentary form of government. India's legislature is called the Parliament.

The Indian Parliament is bicameral. This means that it has two houses: the Council of States (Rajya Sabha, the Upper House) and the House of the People (Lok Sabha, the Lower House). The President is also considered to be a member of the Parliament, though he usually does not take part in its proceedings.

The functions of Parliament

Control of the cabinet. The Parliament members control the cabinet through the instrument of the no-confidence motion. Ministers also have to answer questions put to them on the floor of Parliament. Even if the opposition is a small minority, it can freely criticize government policy in Parliament. Legislation. Parliament makes laws. In this, both the Lok Sabha and the Rajya Sabha participate. Even if law making is initiated by the Cabinet, laws are discussed in Parliament before they are passed. Financial control. The Parliament has to authorize the purposes for which the government can spend money, the amount of money it spends, and the ways it has of raising this money. In this, the Lok Sabha has the dominant role. Out of these, the first and third are exercised by the Lok Sabha alone. Even in the exercise of the second, the Lok Sabha has primacy.

THE RAJYA SABHA

Membership. The Rajya Sabha can have a maximum of 250 members. Out of these 12 are nominated by the President. The remaining 238 are elected from the states and union territories of India.

The members are elected indirectly by the members of the Legislative Assemblies of the states and Union Territories. The system of election is proportional representation by means of a single transferable vote. The nominated persons are selected from among people excelling in the sciences, arts, or social services.

At present, Uttar Pradesh has the maximum number of representatives in the Rajya Sabha (31). The Union Territories and the states of the north-east have the fewest members.

Tenure. Members are elected for a period of six years. One-third of the members retire every year.

The Rajya Sabha is a permanent house and cannot be dissolved.

Chairman and Deputy Chairman of the Rajya Sabha. The presiding officer of the Rajya Sabha is called the chairman. The Vice President is the ex-officio chairman of the Rajya Sabha.

When the chairman is absent for any reason, his duties are performed by the Deputy Chairman. The Deputy Chairman is elected from among the members of the Rajya Sabha.

When both the chairman and deputy chairman are absent, one person from the six-member panel of vice chairmen presides. The members of the panel are nominated by the chairman.

The deputy chairman vacates his offices when he ceases to be a member of the Rajya Sabha, or if he writes a letter of resignation addressed to the chairman. He may also be removed by a resolution of the Rajya Sabha passed by a majority of those present and voting.

Functions of the Rajya Sabha

In a federal constitution, the Rajya Sabha represents the states of the union.

However, the Rajya Sabha is not as powerful as the Lok Sabha. (1) A vote of no-confidence can be passed only by the Lok Sabha, not by the Rajya Sabha; (2) a money bill can be introduced only in the Lok Sabha, and the Rajya Sabha does not have the power to reject it; (3) for ordinary bills, when there is a deadlock between the houses, a joint session is held. In this, because the Lok Sabha has more members, it can overrule the Rajya Sabha.

However, in a few matters concerning the states, the Rajya Sabha has more powers than the Lok Sabha: (1) it can empower Parliament to make laws on subjects in the state list if it is in the national interest, by passing a resolution to this effect; (2) it can create all-India services; (3) approve proclamations when the Lok Sabha is dissolved.

Besides these, the main utility of the Rajya Sabha is that, (1) it is a house of senior politicians and statesmen who are given a chance to participate in law-making; and (2) it offers an opportunity to revise, delay, and reconsider legislation.

THE LOK SABHA

The Lok Sabha is the directly elected house of Parliament.

Membership

The Lok Sabha can have a maximum of 550 members. Of this, 530 are to be elected from the states and 20 from the union territories. Two Anglo-Indians may be appointed to the Lok Sabha if they are not represented otherwise.

Lok Sabha members are elected on the basis of universal adult franchise.

For election of Lok Sabha members, each state is divided into territorial constituencies. Each constituency sends one member to the Lok Sabha.

Qualifications. Lok Sabha members must be (1) citizens of India; (2) at least 25 years of age (3) registered as voters in any constituency.

Disqualifications. A person is disqualified from being a member of Parliament if (1) he holds an office of profit under the state or central governments, (2) he is of unsound mind or (3) he is an undischarged insolvent.

According to the Anti-Defection Act of 1985, a person who voluntarily gives up membership of the political party on whose ticket he was elected, or votes against his party directions on any matter, is disqualified from membership of the Lok Sabha.

Tenure. The Lok Sabha is elected for a term of 5 years. However, it can be dissolved earlier, or its life can be extended in an emergency, one year at a time, by passing a law to this effect.

Speaker and Deputy Speaker

The Speaker is the presiding officer of the Lok Sabha. When the Speaker is not able to do this duty for any reason, the Deputy Speaker presides over the House.

Both the Speaker and Deputy Speaker are elected from among the members of the House. They can be removed by passing a resolution supported by a majority of the members of the House.

Powers and functions of the Speaker\

He is the presiding officer of the Lok Sabha. He has to be impartial and independent. He does not vote on matters unless there is a tie. In this case, he casts the deciding vote.

His functions include:

(1) presiding over meeting, maintaining decorum, and dealing with disciplinary issues. He has the power to suspend members or adjourn or suspend sessions during disorder.

(2) interpreting the rules, and deciding on questions of order or procedure. He decides what is a money bill and what is an ordinary bill.

His rulings are final in these matters and cannot be challenged in court.

SESSIONS OF PARLIAMENT

The President is given to power to summon, prorogue, and dissolve Parliament. In this also, he acts on the advice of the Prime Minister and the Cabinet.

According to the Constitution, the President can summon the Parliament to meet at any time and place. The gap between two sessions of Parliament should not be more than six months. In practice, Parliament meets twice a year.

At a meeting of the Houses, all matters are decided by a majority of votes of members present. The quorum to have a valid meeting is one-tenth of the total membership of the House.

When a sitting of Parliament ends, it is called an adjournment. When a session of Parliament ends, it is called a prorogation.

Dissolution ends the life of the Lok Sabha. After the it is dissolved, new elections have to be held to elect a new Lok Sabha.

LEGISLATIVE PROCEDURE

A proposal for a law is called a bill. A money bill is a bill concerning taxes, government borrowing, or payment of money into or withdrawal of money from the Consolidated Fund of India. Other bills are ordinary bills.

Bills need to be passed by the Parliament and assented to by the President to become law.

Both money bills and ordinary bills are passed through Parliament with a similar procedure:

First Reading. This is the introduction of the bill in Parliament. It is published in the official gazette. No discussion takes place. Money bills can originate only in the Lok Sabha. An ordinary bill can be introduced in either house. Second Reading. This is the stage when the bill is discussed in detail and amendments are suggested. Third Reading. At this stage there is a short discussion and the bill is put to vote. In the case of an ordinary bill, if the bill is passed by one house, it is sent to the other. In the other house a similar procedure is followed and the bill is finally voted upon. o If it is passed by both houses, it is sent to the President for his assent. The President may send back the bill for reconsideration once. However, if it is passed again by both houses, he is require to give his assent. o In case of disagreement between the houses, there is a joint session where the bill is voted upon. If the bill is passes, a similar procedure as above is followed. In the case of a money bill, once it is passed by the Lok Sabha, it is sent to the Rajya Sabha. However, the Rajya Sabha can only suggest amendments in case of a money bill. The Lok Sabha can accept or reject these amendments. After this, the bill is sent to the President. The President signs a money bill without sending it back to Parliament for reconsideration. o The Annual Financial Statement, or the Budget, is laid before Parliament each year in the form of money bills.

OTHER BUSINESSES

Besides making laws, Parliament also spends time on discussion of important issues.

Question Hour: The first hour of each sitting is the question hour. The questions have to be submitted in advance, and the Speaker decides on whether to admit them or not.

Zero Hour: This is when members of Parliament are allowed to take up issues they feel are important and ask questions which are not already listed.

Adjournment motions. An adjournment motion (to end the sitting of Parliament) is made by the opposition, usually to draw attention to any matter of national importance which they feel has been neglected by the government.

Resolutions. A resolution is passed to allow the house to express its opinion on any issue.

No-confidence motions (or Censure motions). If this is passed, it shows that the Parliament has no confidence in the ministry. The ministry will then have to resign. A censure motion cannot be moved unless at least 50 members support it.

Motion for discussion. With the Speaker's permission, a member can move a motion for discussion to bring before Parliament an issue of national importance.

In all its work, the Parliament is assisted by the Parliamentary secretariat.

PARLIAMENTARY COMMITTEES

One way in which Parliament controls the cabinet is through the Parliamentary committees. There are standing, or permanent, committees, and ad hoc, or temporary committees. They allow members who are experts or particularly interested in particular issues to assist in making laws or investigating matters.

Business advisory committee. This regulates the time-table of the House. The Speaker is its chairman, and it has representatives from many parties in Parliament.

Committee on private members' bills. This examines the bills of private members and decides which should be given priority.

Select committee on bills. A select committee is formed to investigate bills in detail. It may hold hearings from experts and people affected by the bill.

Committee on petitions. This examines petitions received by Parliament. No minister can be a member of the petitions committee.

Estimates committee. This examines in details the estimates of the budget. It can suggest changes to improve economy and efficiency. Its members are elected from the Lok Sabha for a year, and it has representatives from all parties according to their proportion of seats in Parliament.

Public accounts committee (PAC). This examines the accounts of the government, and is concerned with the results of government spending. Members are elected from the Rajya Sabha for one year.

Committee on public undertakings. This looks into the accounts of public undertakings. It has members from both the Lok Sabha and Rajya Sabha.

Committee on privileges. This looks at questions of the privileges of members of Parliament and cases of breach of privileges. Privileges of members of Parliament include freedom of speech within the Lok Sabha and immunity from prosecution for anything said or any vote given in Parliament or any of its committees.

Committee on subordinate legislation. This looks into whether the power to make subordinate legislation (regulations and rules connected with laws and policies approved by Parliament) is being exercised legally

Committee on government assurances. This examines the promises and undertakings given by ministers on the floor of the house and checks to what extent these are implemented.

There are also committees on the absence of members, on rules, on papers laid on the table, on Scheduled Castes and Scheduled Tribes, and on the empowerment of women. There are also department-related standing committees.

Parliamentarians have been criticized for not attending sessions, rushing though bills without enough debate, corruption, unruly behavior, wastefulness, etc. However, on the positive side, parliamentary democracy is flourishing in India. Elections have been held regularly and

peacefully, controversial laws are debated, and even the opposition has a chance to influence the government though the Parliament.

THE UNION JUDICIARY - THE SUPREME COURT

India has a single judicial system with the Supreme Court at the top of the system, presiding over the High Courts and the lower courts. The Supreme Court makes rules regarding the practice and procedure of the lower courts.

The Supreme Court now has one Chief Justice and 30 other judges.

Appointment of judges: The judges of the Supreme Court are appointed by the President. The President acts on the advice of the Council of Ministers.

For appointing the Chief Justice of India, the other judges of the Supreme or High Courts may be consulted. Usually, the senior-most judge in the Supreme Court is appointed the Chief Justice.

For the appointment of the other judges of the Supreme Court, the Chief Justice has to be consulted. Usually, the Chief Justice himself consults a collegium of the four seniormost judges, and all of these need to agree for any candidate to be recommended.

Qualifications: A judge of the Supreme Court must be a citizen of India, and either been (1) a judge of the High Court for 5 years, or (2) an advocate of the High Court for 10 years, or (3) a distinguished jurist.

Tenure: A judge holds office till he is 65 years old.

Removal: A judge can be removed by resignation (through writing to the President) or by impeachment.

Impeachment: This is done only on grounds of proved misbehavior or incapacity. To impeach a judge, both houses of Parliament must pass a resolution by 2/3rds majority of those present and voting, and by a majority of the membership of the houses.

The functions of the Supreme Court

Tribunal for settlement of disputes between units of the federal system. The Supreme Court judges disputes between the Union and the states or between two or more states. Protector of Fundamental Rights. Citizens can directly approach the Supreme Court when they feel their Fundamental Rights have been violated by the union government or the state government. Supreme appellate court, or the supreme court of appeal. In both civil and criminal matters, the Supreme Court can review the decisions of the lower courts. Interpreter of the Constitution. The Supreme Court is the ultimate interpreter of the Constitution. The law as declared by the Supreme Court is binding on all courts in India and can be enforced throughout India. Advisory role. The President of India may ask the Supreme Court for its opinion on any matter of law. A court of record. The records of the Supreme Court, in matters of interpretation of the law or of the constitution, have to be accepted when produced before the lower courts. Jurisdiction of the Supreme Court

Original. The Supreme Court has original jurisdiction over all disputes between the Union and state governments, or between state governments, and in cases where fundamental rights are involved. Appellate. The Supreme Court is a court of appeal for constitutional, civil and criminal cases. A person has the right to appeal to the Supreme Court against unfavourable judgement in the High Court, especially if the case involves interpretation of the law or constitution, or if the High Court passed a sentence of death. Independence of the Supreme Court

The independence of the judiciary is ensured by the following provisions.

Appointment. The President, the Prime Minister and his Council, the Chief Justice of the Supreme Court as well as the Collegium of the four seniormost judges work together to select judges for appointment to the Court. Removal. The procedure for removing a judge of the Supreme Court is difficult. He can be removed only through impeachment. Prohibition of practice after retirement. A retired judge from the Supreme Court cannot practice law in any court or authority within India. Remuneration. The judges of the Supreme Court are entitled to a salary, free houses, and other allowances and privileges. The Parliament cannot reduce the salary of a judge.

Administration. The Supreme Court has complete control over its own establishment. Its staff are appointed by the senior judges and their salaries also cannot be voted upon by the Parliament. Immunities. The conduct of a Supreme Court judge cannot be discussed in Parliament except if it is for discussing a motion for impeachment. Judicial supremacy

The Supreme Court is the ultimate interpreter of the Constitution. It settles all disputes between the states and the Union or among the states. It is the highest court of appeal for all civil and criminal matters. It can review the functioning of the lower courts and what it says is binding on all courts.

Judicial review

This is the power of a court of law to declare the constitutionality or otherwise of any law. The Supreme Court has the power of judicial review over both Parliament and the state legislatures. Article 13 declares that any law which violates the Fundamental Rights is invalid, and in Article 32, the Supreme Court is given the power to enforce this.

In India, the scope of judicial review is limited compared to other democratic countries. This is because the Supreme Court is required to stick to the letter of the law as written in the Constitution. Also, the Indian constitution itself divides powers between the Union and the states and the limitations and scope of every fundamental right is expressed in the Constitution itself.

The Supreme Court has generally acted as a guardian of liberty in the process of judicial review.

Judicial activism

Judicial activism has been defined as 'innovative interpretation' of the Constitution by the Court. This has often been criticized as the judiciary taking over the powers of the legislature. But in India it has enjoyed support from the public because it has concentrated on giving the disadvantaged access to justice.

Judicial activism uses the instrument of public interest litigation (PIL). With public interest litigation, any person can bring a petition about a problem before the court, and not just the person affected by the problem. PIL has often been used on behalf of people who are poor and do not have the means to approach the court.

With judicial activism and PIL, courts have given judgments on pollution, the need for a uniform civil code, eviction of unauthorized buildings, stopping child labour in dangerous occupations, etc.

Judicial activism in India has generally worked to make the poor have access to justice and make the process of getting justice more meaningful.

GOVERNMENT IN THE STATES

THE STATE EXECUTIVE

States also have a parliamentary form of government with the executive head being a nominal constitutional head and acting according to the advice of the Council of Ministers.

THE GOVERNOR

The Governor is the constitutional and executive head of the government in the states. Each state has a governor.

Appointment. The Governor is appointed by the President.

Qualifications. (1) He should be a citizen of India, (2) at least 35 years of age, and (3) not a member of Parliament or of any state Legislative Assembly.

Tenure and removal. A Governor holds office for 5 years. He can be removed by the President on the advice of the Cabinet.

Powers

(1) Executive powers. The Governor is the executive head of the state. All orders of the state government and executive actions are made in the name of the Governor. He appoints the Council of Ministers and other high functionaries of the state government. He can also make rules for convenient transaction of the business of the state.

(2) Financial powers. The Governor has to recommend the introduction of a money bill and demand for grants in the legislature. He causes the annual budget to be laid before the legislature.

(3) Legislative powers. The Governor summons, prorogues, and dissolves the houses of the legislature. He nominates 1/6th of the members of the legislative council. No bill can become a law without his assent. He can reserve bills for the assent of the President.

He can also make ordinances when the legislature is not in session. When the legislature meets again, it needs to approve the ordinance within six weeks otherwise the ordinance lapses.

(4) Pardoning power. The governor can grant a pardon, reprieve, respite or remission of punishment of people convicted of crime.

The Governor and the Council. In most matters, the Governor acts on the advice of the Chief Minister and his Council.

However, the Constitution does give the governor some discretionary power.

(1) He usually exercises this in situations when the ruling party has lost its majority, or there is no clear majority party in the legislative assembly. In such cases, he has discretionary power in (a) appointment of the Chief Minister, (b) dismissal of a Ministry, and (c) dissolution of the legislative assembly.

(2) In situations of law and order problems, or breakdown of constitutional machinery, the Governor also has the discretion to advice the President for the proclamation of an emergency.

(3) In the tribal or special areas, or when the Governor is appointed administrator of aUnion Territory.

In these matters, the Governor acts under the control of the President.

THE COUNCIL OF MINISTERS

The Constitution states that there shall be a Council of Ministers with a Chief Minister at its head to aid and advice the Governor in the exercise of his functions.

The Council of Ministers of the state are appointed by the Governor on the advice of the Chief Minister. They are collectively responsible to the lower house of the state.

Qualifications. The members of the Council should be members of the legislative body of the state. The total size of the Council should not be more than 15% of the total membership of the legislative assembly of that state. If a person has defected from his party he cannot be appointed as a minister.

Removal. Ministers can be dismissed by the Governor on the advice of the Chief Minister.

THE CHIEF MINISTER

The Chief Minister is appointed by the Governor.

Functions. According to the Constitution, the Chief Minister (1) communicates the decisions of the Council of Ministers to the Government; (2) furnishes such information the Governor may ask for; and (3) if the Governor wants, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by an individual minister.

However, the Chief Minister and his Council of Ministers are the ones who exercise the real executive power in the state government.

THE STATE LEGISLATURE

There is a legislature in every state. The legislature of a state consists of the Governor and the house or houses of legislature.

Bihar, Maharashtra, Karnataka and Uttar Pradesh have bicameral legislatures (with two houses). Other states have unicameral legislatures (with a single house)

LEGISLATIVE ASSEMBLY (VIDHAN SABHA)

This is the directly elected house of the state legislature.

Membership. This can be from 60 to 500.

Members are elected directly through universal adult suffrage from territorial constituencies in the state.

There are reservations for Scheduled Castes and Tribes on the basis of their proportion in the population, and the governor may also appoint Anglo-Indians if they are not represented.

Tenure. Normally, the tenure is 5 years. But it may be dissolved earlier. Also, during an emergency, its life may be extended by an act of Parliament one year at a time.

LEGISLATIVE COUNCIL (VIDHAN PARISHAD)

Membership. This should not exceed 1/3rd of the membership of the Legislative Assembly, subject to a minimum of 40.

1/3rd are to be elected by the members of the Legislative Assembly from non-members. 1/3rd are to be elected by municipalities, district boards, and other local authorities; 1/12th are to be elected by graduates residing in the state. 1/12rd are to be elected by teachers (of institutions of at least secondary school level) of at least three years' experience. 1/6th are nominated by the Governor from prominent people in the states.

Tenure. A member is elected for 6 years. The Legislative Council cannot be dissolved, but 1/3rd of its members retire every two years. Qualifications. Members of the Legislative Council as well as Legislative Assembly should be: (1) citizens of India, and (2) at least 25 years old for the Legislative Assembly, and 30 years for the Council.

Disqualifications include (1) holding an office of profit under the central or state governments, (2) having an unsound mind or (3) being an undischarged insolvent.

Sessions. According to the constitution, the Governor summons the state legislature to meet at a suitable time and place, but the gap between two sessions should not be more than 6 months.

The Governor also has the right to dissolve the Legislative Assembly.

Speaker and Deputy Speaker. The Speaker is the presiding officer of the Legislative Assembly. The Deputy Speaker presides on the absence of the Speaker.

Both the Speaker and Deputy Speaker are elected from among the members of the Assembly. They can be removed by passing a resolution supported by the majority of the members in the assembly.

Their functions and powers are similar to those of the Speaker of the Lok Sabha.

Chairman and Deputy Chairman. The Chairman is the presiding officer of the Legislative Council, and in his absence, the Deputy Chairman.

They are both elected from among the members of the Assembly.

Their powers and functions are similar to those of the Chairman of the Rajya Sabha in the centre.

Legislative Procedure. This is similar to the Parliamentary procedure, except that the decision of the Legislative Assembly prevails for all bills. If the Council votes against a bill, it will only be temporarily suspended.

The Governors assent is needed for a bill to become law. The Governor may (1) assent to the bill; (2) return it for reconsideration; or (3) reserve it for the consideration of the President.

In case of (2), the state legislature needs to consider the concerns of the Governor. However, if the bill is passed again, the governor should either assent to the bill or reserve it for the Presidents consideration.

In case of (3), the President may (a) assent to the bill; (b) withhold his assent, or (c) return it with suggestions. If the bill is passed again by the state legislature, it sent again to the President.

The language used shall be the official language(s) of the state, or English, or Hindi.

THE STATE JUDICIARY

The state judiciary consists of the High Court and the other courts subordinate to it.

Constitution. Each High Court consists of a Chief Justice and a number of other judges.

The judges of the High Court are appointed by the President in consultation with the Chief Justice of India and the Governor of the state concerned. The President may also transfer a judge from one high court to another.

Qualifications. A person to be appointed as a High Court judge should be (1) a citizen ofIndia, (2) must have held a judicial office for at least 10 years, or (3) must have been an advocate of the High Court for at least ten years.

Term: A judge of the High Court holds office till he is 62 years old. A judge may be removed from his post in the same way and for the same reasons as a judge of the Supreme Court.

A person who has held the office of a judge of the High Court cannot practice as a lawyer in any court other than the Supreme Court and other High Courts after retirement.

Powers and Jurisdiction of the High Court

(1) The High Court is a court of record and has all related powers, such as the power to punish for contempt of itself.

(2) The High Court has power of superintendence of all lower courts, including non-military tribunals. The High Court can

make rules for conducting the business of these courts and the fees to be given to their employees. withdraw cases from lower courts to itself if they involve interpretation of the constitution. advise the Governor on the appointment, posting, and promotion of district judges. (3) It can issue orders of writs for enforcement of fundamental rights or any other purpose. These writs include the habeas corpus, mandamus, certiorari, prohibition, and quo warranto.

RELATIONS BETWEEN THE CENTRE AND STATES

In a federal government, powers are divided between the centre and the state by the constitution itself, rather than by any law passed by the centre. India, therefore, is a federal country (India has a dual polity)

While India is a federal country, the distribution of power tends to favour the centre. Some scholars therefore call India a 'quasifederal' state.

LEGISLATIVE RELATIONS

(1) With respect to territory

According to our Constitution, Parliament may make laws for the whole or any part of the country, and the legislature of a state may make laws for the whole or any part of the state.

(2) With respect to subject matter

The Constitution divides powers of making laws on different subjects between theUnion, the states and the concurrent lists.

The Union List contains the subjects on which the Union alone can make laws. Included here are defence, foreign affairs, banking, currency and coinage, and union taxes.

The State List contains the subjects on which the state governments legislate. Included here are public order, police, local government, public health and sanitation, agriculture, forest and fishers.

The Concurrent List contains subjects on which both the central and state governments can make laws. In case of conflict between the two, the central laws will prevail. Included here are subjects like education and environment.

The residuary powers, in our constitution, are vested with Parliament. In case of national interest, emergencies, for giving effect to international treaties, or with the consent of the states, Parliament may make laws on subjects in the state list.

ADMINISTRATIVE RELATIONS

The power of administration of the country is divided between the central and state governments. However, in order to promote coordination between the two, the Indian Constitution gives supervisory powers to the Union government.

The executive of the state has to follow the Union laws, and should not impede the exercise of executive power of the Union government.

In normal times, the Union exercises control over the state governments through the power of giving directions to the state governments. This is especially concerning the means of transport and communication. delegating the Union's functions to the state. The state government machinery can be used to implement Union laws. all-India services. Parliament can by law create all-India services. The officers of the all-India services are recruited by the Union, and they coordinate the implementation of Union policies all over India. grants-in-aid. These are given from the Union to the state governments for welfare schemes administered by the state governments.

The Constitution also empowers Parliament to make laws for the settlement of water disputes. Under this power, the Water Disputes Tribunal has been set up to handle disputes relating to water between different states.

The Constitution also provides for an Inter-State Council. The Prime Minister, 6 cabinet ministers, and all Chief Ministers are members of this council. It deals with disputes between the states on any matter, and discusses and makes recommendations on issues of common interest.

FINANCIAL RELATIONS

Because control of finances is important, the Constitution divides the resources of the Indian state equitably between the Union and the States.

(1) The power to impose tax by passing laws is divided between the centre and the states.

There is a State List of taxes, over which the states have complete control. For example: land revenue, stamp duty, succession duty, estate duty, income tax on agricultural land, sales tax, tolls, etc.

The Union government is entitled to the proceeds of the Union List of taxes: customs, corporation tax, etc.

(2) The union government may provide grants-in-aid to the state government, especially for welfare schemes of the state government.

(3) A Finance Commission is established every five years. It consists of a Chairman and four other members appointed by the President. The Commission makes recommendations to the President on matters such as the distribution of revenue from the taxes between the centre and the states, grants-inaid, and other matters of sound finance.

LOCAL GOVERNMENT
Parts IX and IX-A of the Constitution concern local self government.

Part IX was added to the Constitution by the 73rd amendment (Panchayati Raj Amendment Act) in 1992, and Part IX-A by the 74th amendment (Nagarpalika Amendment Act), also in 1992.

The Balwantrai Mehta Committee in 1957 had recommended that all development and welfare work should be carried out by institutions at local level. Later, in 1977, the Ashok Mehta committee suggested a framewok for local self government. These recommendations were accepted and the government tried to put into place a system of Panchayati Raj. However, this was done through the state government and there was a lot of diversity in the country in how Panchayats were organized.

It was to deal with these differences, and to lay down certain common principles, that the 73rd and 74th amendments were passed. The following were the main provisions of the Acts.

The Panchayati Raj system, as well as the system of urban self-government, have been set up to enable every citizen to have a say in the government. It makes democracy real at the grassroots level.

PANCHAYATI RAJ

The Constitution provides for a three-tier Panchayati Raj system in the village, intermediate, and district levels.

At the village level, there are two main bodies in the Panchayati Raj: the Gram Sabha and the Gram Panchayat.

Gram Sabha

The Gram Sabha consists of all persons registered as voters in the village electoral roll. It meets once or twice a year.

The functions of the Gram Sabha includes (1) considering the annual accounts statement, audit reports, and administrative reports and (2) considering taxation proposals, schemes for development and voluntary work, etc. Through this, it is supposed to control the work of the Gram Panchayat.

Gram Panchayat

Gram Panchayats from the 'executive' part of the village Panchayati Raj.

The Gram Panchayat is elected by the Gram Sabha, and may have between five and 40 members. It is led by the Sarpanch.

The Gram Panchayats have a tenure of 5 years. Members are elected directly from territorial constituencies. The minimum age is 21 years. Elections are to be held at the end of every five years. Elections to Panchayats are conducted by the State Election Commission.

In every Panchayat, seats shall be reserved for the Scheduled Castes and Scheduled Tribes, according to their percentage in the population. Out of these seats, 1/3rd shall be reserved for women from the Scheduled Castes and Tribes.

Including these reservations for women from the Scheduled Caste and Tribe communities, an overall 1/3rd should be reserved for women.

The offices of the Chairpersons of the Panchayats in a particular state shall also be reserved for Scheduled Caste and Tribe candidates, according to their percentage of the population. One third of the Chairpersons of Panchayats in a state should be women.

Powers and responsibilities of the Gram Panchayat

(1) Making rules and regulations.

(2) Preparing and implementing schemes for development. This includes matters included in the 11th Schedule, which are related to agriculture, land reforms, irrigation and water management, animal husbandry, forestry, small scale industries, housing, drinking water, fuel and fodder, roads, electricity, poverty alleviation, education, health, women and children, public distribution, etc.

(3) Imposing taxes and collecting funds. According to the laws of the state, a Panchayat may collect taxes, duties, tolls, and fees. It may also receive grants-in-aid from the State government. It can acquire and dispose of property.

Gram Cutchery (The Village Judiciary)

Every Gram Panchayat establishes a gram cutchery to perform the judicial functions in that area. The sarpanch and a few others elected or nominated by the Gram Panchayat are members of the cutchery. They are appointed for a period of five years.

The Gram Cutchery can recieve suits and call for the appearance of parties and witnesses. It tries to bring about settlement of issues through mediation and discussion. In case of minor crimes, it can give punishments of up to imprisonment for a month and a fine of Rs. 100.

A person may appeal against the decision of the gram cutchery to the district sub-divisional magistrate or the munsif.

Panchayat Samiti (Panchayat Union)

The Panchayati Samiti is the intermediate level body, and exists at the block or taluk level.

Generally, all heads of the Gram Panchayats (Sarpanch) of that area are members of the Panchayat Samiti. It may also have indirectly or directly entered members. Members of the Lok Sabha or State Legislative Assembly elected from constituencies in the area, or members of the Rajya Sabha or the State Legislative Council registered as voters in that area, may also be members.

It functions include:

(1) control and supervision of village panchayats. It checks and sanctions the panchayat budgets, for example.

(2) administering development plans. This includes agriculture, irrigation, primary education, and industries.

It receives aid from the state government and can also impose and collect taxes and fees for revenue.

Zilla Parishad (District Panchayat)

This is the body at the district level.

Its members include the heads of the Panchayat Samitis and also sometimes other elected members. Members of Parliament or of the Legislative Assembly of that area are also often members. There are also reservations for members of the Scheduled Castes, Scheduled Tribes, besides the one-third reservation for women.

Functions of the Zilla Parishad include

(1) supervising and coordinate the work of the Panchayat Samitis.

(2) planning and administering development schemes for the area, and advising the state government on matters concerning the area. This includes setting up institutions for secondary education, vocational education, etc.

The Zilla Parishads receive grants-in-aid from state governments. They also can levy some taxes and fees for their income.

THE DISTRICT COLLECTOR

This District Collector is a member of the Indian Administrative Service. He is recruited and trained by the Central Government, but works under the supervision of the state governments. He therefore links the central government to local government.

In some states he is the chairman of the Zilla Parishad and/or the District Planning Committee, in others he is a member.

His powers and responsibilities include:

(1) In emergency situations, to suspend or prohibit resolutions of the Zilla Parishad and other panchayati raj bodies. In certain states, he has the power remove the office bearers of the panchayat.

(2) To inspect, supervise, and direct the execution of work of the Panchayati Raj bodies. This is so especially if it concerns public safety.

MUNICIPALITIES

The constitution provides for the establishment of three kinds of municipal corporations for urban areas:

(1) a Nagar Panchayat for a transitional area (between a rural and urban area), (2) a Municipal Council for a smaller urban area, and (3) a Municipal Corporation for a larger urban area.

Municipalities refer to both municipal councils and municipal corporations.

If municipal facilities in a particular area are provided by an industrial establishment of that area, the area may be declared to be an industrial township.

Areas where the armed forces reside or are stationed are called cantonments. Municipal services in these areas are provided by Cantonment Boards. Its members are nominated by the armed forces and its chairman is nominated by the Governor.

Big port areas are managed by Port Trusts. Its chairman is appointed by the Government, but its members include those elected by the corporation or municipality of the area, the commercial organizations using the port, and others nominated by the government. The Port Trust manages the facilities available for ships in the port area, and earns from fees charged for warehouses, loading and unloading, etc.

Composition of Municipalities. All seats in a Municipality are filled by persons chosen by direct election from territorial constituencies (wards). Members of the Lok Sabha or State Legislative Assembly elected from that area, and members of the Rajya Sabha or State Legislative Council registered as voters in that area, may also be members. Members should be more than 21 years of age.

The municipality may also have ward committees representing one or more wards, if the population of that area exceeds 3,00,000.

Seats are reserved for Scheduled Castes and Tribes within a municipality depending on their percentage in the population. One-third of seats should also be reserved for women.

The office of the Chairperson of the Municipality may also be reserved for Scheduled Castes, Scheduled Tribes, and Women.

The chairperson of a municipal corporation is called the mayor. The mayor is usually elected in a municipal corporation, though he may be appointed in nagar panchayats and in municipal councils. The mayor presides over the meetings of the corporation and serves as its chief executive officer.

Term. A Municipality is elected for 5 years. It may be dissolved earlier.

Powers and Responsibilities.

According to the provisions made by laws in the state, a municipality has to

(1) prepare plans for economic development and social justice and implement schemes entrusted to them.

(2) carry out responsibilities included in the Twelfth Schedule: town planning, regulation of use of land, roads and bridges, water supply, public health and sanitation, waste management, fire services, protection of the environment, special provisions for the disabled, slum improvement, burial grounds, registration of vital statistics, electricity, parks, gardens, educational and cultural institutions etc.

The state legislature may also

(3) empower a municipality to collect taxes, tolls, and fees.

(4) provide for grants-in-aid or other funds to the municipality.

DISTRICT PLANNING COMMITTEE

Panchayats and municipalities in a district may also elect members to the District Planning Committee.

The main function of a District Planning Committee is to coordinate the plans of the municipalities and panchayats and to prepare a draft development plan for the district as a whole. The Committee especially deals with the sharing of water, space, and other natural, infrastructural, and financial resources.

There are also District Development Councils, and Development Committees for the block/taluka levels. This committee includes the Collector, people elected from the district/block to the state legislative committees, municipalities, panchayats and other local government bodies, and representatives of cooperatives, non-governmental organizations, and educational institutions.

The Councils make developmental plans for the block/district level in coordination with the central governments five year plans, and are responsible for implementing and evaluating them.

METROPOLITAN PLANNING COMMITTEE

Areas of a population of 10,00,000 or more, comprising many municipalities and panchayats, and lying between two or more districts have a Metropolitan Planning Committee. The Metropolitan Planning Committee has representatives from the municipalities and panchayats in a particular area.

The function of a Metropolitan Planning Committee is to coordinate the plans of the panchayats and municipalities in the area, especially regarding sharing of space, water, other natural, financial, and infrastructural resources.

EMERGENCY PROVISIONS
According to the Indian Constitution, there are three circumstances in which an emergency may be proclaimed:

(1) National Emergency: in times of war or armed rebellion, (2) State Emergency: in times of breakdown of constitutional machinery in the states, and (3) Financial Emergency: when there is a financial crisis in the government.

NATIONAL EMERGENCY

Grounds: The President may make a Proclamation of national emergency when the security of the country is threatened by armed rebellion, war, or external aggression. The Proclamation may be made for the whole of India or any part of India.

Method: The Proclamation is made on the advice of the Prime Minister and his Council of Ministers.

The Proclamation will lapse within one month, unless it is extended by a resolution of Parliament. With the approval of Parliament, the emergency can be extended for six months. The resolution should be passed by a 2/3rd majority of those present and voting, and this should not be less than 50% of the total membership of each house.

Revocation: A Proclamation of emergency can be revoked if the Lok Sabha passes a resolution disapproving it.

Effects:

(1) Extension of the centre's executive power. The centre, in the name of the President, can give directions to the state on the exercise of its executive powers during an emergency.

(2) Extension of Parliament's power to make laws on State subjects. During an emergency, the Parliament can make laws on subjects in the state list. The state laws will be overridden by Parliaments' laws.

(3) Change in the distribution of financial resources between centre and state. The President may alter the distribution of revenue between the centre and state during an emergency. This order has to be approved by the Parliament.

(4) Extension of life of Lok Sabha. The President, during an emergency, may extend the life of the Lok Sabha by one year at a time. However, this should not be for more than six months after the emergency is over.

(5) Suspension of fundamental rights. Article 19 is suspended automatically as soon as an emergency due to war or external aggression is proclaimed. The President may also suspend the right to move the court for the enforcement of fundamental rights

STATE EMERGENCY - FAILURE OF CONSTITUTIONAL MACHINERY

The President may proclaim an emergency in a state of India when the Governor of a state reports to him that the government of the state cannot be carried on in accordance with the constitution, or when he is satisfied that such a condition exists.

A proclamation of emergency under these grounds will be valid for two months. If it is laid before each house of Parliament and passed by a special majority, it can be extended for six months. However, it cannot be extended for more than three years altogether.

A proclamation of emergency under these grounds has the following effects:

(1) The President may assume the powers of the Governor of the state. Parliament may authorize the President to delegate these powers to any other body specified.

(2) The President may declare that the powers of the state legislature shall be exercised by the Parliament. Parliament may give the President the power to make laws for the state.

(3) The President may make other provisions which are necessary for the emergency. He may authorize expenditure from the Consolidated Fund of India if the Lok Sabha is not in session, pending its sanction.

FINANCIAL EMERGENCY

When the financial stability or credit of India or of any part of India is under threat, the President may proclaim a financial emergency.

The proclamation of emergency will be in effect for two months.

During a financial emergency the centre may give directions to the state government about financial matters so that financial stability is preserved. This may include, for example, reduction of salaries of judges of the High or Supreme Court; or preserving all money bills for the consideration of the President.

ELECTIONS
Provisions about elections are contained in Part XV of the Constitution.

Elections to Parliament and to the state assemblies take place every five years, and by-elections may take place any time a members seat needs to be filled because he has resigned or died.

The Election Commission

The superintendence, direction, and control of all elections in India is vested in an independent body the Election Commission. The Election Commission consists of a Chief Election Commissioner, and other Election Commissioners as appointed by the President.

The Election Commission is a permanent and independent body, and the Chief Election Commissioner cannot be removed from office except by the same method as for a judge of the Supreme Court. The other election commissioners may not be removed except on the recommendation of the Chief Election Commissioner.

The Election Commission deals with:

the elections of the President and Vice President of India the election of both houses of Parliament and the state legislatures the qualifications and composition of the members of Parliament and state legislatures the duration of the state legislatures reservation of seats in the state legislatures determination of population for the purposes of elections and maintenance of electoral rolls.

The powers of the Parliament with regard to elections

Parliament can make laws on all matters concerning elections of the Parliament as well as the state legislatures. States can also legislate on these matters but the legislation of the state should not conflict with that of Parliament.

According to the Representation of People Act 1950, Parliament is eligible to legislate on the qualifications of voters, preparation of electoral rolls, number of seats to be allotted to states in Parliament, delineation of constituencies, etc.

There is only one general electoral roll

There is only one electoral roll. Whatever a persons caste, religion or language, he will be listed in a single electoral roll.

Universal Adult Franchise

Every man and woman above the age of 18 can vote. (This was lowered from 21 by the 61st Constitutional Amendment in 1986.) The only grounds for disqualification are non-residence, unsoundness of mind, crime, and corruption or illegal practice.

The Electoral Machinery

The Election Commission is assisted by other staff:

the Chief Electoral Officer appointed by the state governments at the state level sometimes, District Election Officers are elected at the district level; sometimes, normal administrative officers are assigned to take care of election work. the actual elections are conducted by the Returning Officers, Presiding Officers, and Polling Officers and several others at each polling station. The Electoral Process

1.

The electoral roll of the constituency is prepared.

2. Before the elections, a date is fixed for filing nomination papers. The papers are scrutinized and candidates are given time to withdraw. 3. Candidates are normally given one month to campaign, and their campaign should end 24 hours before the elections. 4. Usually, on polling day, they try to set up one polling station for every 1000 people. Political parties are allowed to have their own symbols so that the illiterate can know who they are voting for. 5. Counting is usually on a day fixed for it. 6. The candidate who has the highest number of votes is declared elected.

Some electoral malpractices in India

Money power in politics: Candidates spend several times the legal limit for spending on campaigning, and often those who are able to spent the most win. Money power can be seen in phenomenon such as:

Paid news: Promotional material for candidates masquerading as news in news periodicals or TV channels. Usually, this news is paid for by the candidate or someone close to him. Purchasing votes: by distributing goodies (cell phones, TVs, clothes, etc.) or the government announcing populist measures just before elections. Muscle power: Candidates are supported by armed groups, and the government either actively colludes or is unable to assert itself. Other candidates may be threatened not to file nominations. On polling day, these groups may engage in booth-capturing. In booth capturing, a group of people loyal to a particular candidate capture a polling booth and stuff ballot boxes with votes for their candidate. The wide use of Electronic Voting Machine has led to a decline in booth capturing.

Vote bank politics: When candidates seek the support of people belonging only to particular castes or religions. These caste or religious groups may be either majorities or minorities. It is not legally wrong, but it tears communities apart, and real issues end up ignored.

POLITICAL PARTIES

Political parties A political party is a group of individuals who are united in a specific political cause or opinion and participate in the competetion for power, especially on a national or regional basis. Political parties are characterised by:

a degree of permanence and stable organization definite aims/programme, including the aim to control the government.

A political party's main function is to link the rulers and the ruled. This it does through nominating candidates for public offices, formulating policy and setting the agenda for the public, and mobilizing support for candidates and policies during an election. The ruling party forms the government and coordinates its different organs. The opposition party criticizes the government and acts as a check on its power. Political parties are therefore an important feature of democratic political systems. Types of party systems Political scientists classify party systems often according to the number of parties it has: (1) A single-party system. This exists in totalitarian countries like China and the formerUSSR, where only the Communist Party was allowed. (2) A bi-party system. There are two dominant parties in this kind of system. The US and the UK have traditionally been dominated by two major political parties. (3) Multi-party system. This exists in countries like France, Germany, and India - many political parties are involved and play an active role in politics. Features of India's party system India's party system has some unique features: (1) Multiplicity of political parties. Because India has several regions, languages and communities, there are many political parties in India. More than 70 political parties contested in India's first elections in 1951, and the number is more now. India has several regional parties and a few national parties. (2) Decline of the one party dominance and 'Congress system'. Till 1977, when the Congress party first lost an election, political scientists called India's party system one of 'single-party dominance' or the 'Congress system'. But the Congress is not longer the dominant political party. Since 1989, no party in India has been able to win an absolute majority. The Bharatiya Janata Party, which was ruling party for six years, now poses the main challenge to the Congress. (3) Coalitions. Since 1989, every government in India has been based on coalitions of several political parties. At present the United Progressive Alliance, a coalition of the Congress, the DMK, the Nationalist Congress Party, and others, is the ruling coalition. At present, India has a two-alliance structure with the UPA and the NDA (National Democratic Alliance) being the two dominant alliances. (4) Parties based on multiple social cleavages. Some are formed on the basis of a regional identities, others on the basis of caste, and some are based on political ideas or philosophy. The SP, the BSP, and the Akali Dal, are examples. Recently, the lower classes and castes have begun to form their own political parties. (5) Fragmentation of political parties. There are frequent splits and mergers. The Congress itself has gone through several splits and mergers. (6) Importance of state political parties. In states like UP and Tamil Nadu, the national political parties have only a weak presence. Political parties which are based in states, like the DMK and the Bahujan Samaj Party (BSP) have become more important because of coalition politics.

(7) Centralizing and divisive tendencies. While there are multiple political divisions in India, this has made it necessary for parties which want to gain power to look for support from many sections of society. Even the BJP has tried to reach across to people of other religions and languages in order to gain political power in the centre. ______________ INDIAN NATIONAL CONGRESS

The Indian National Congress was set up in 1885 by AO Hume, a retired British civil servant. Its purpose at this time was to bring all Indians together, give them a forum to engage in modern politics, and thus persuade the British to give political and administrative concessions. From the 1920s, the Congress functioned as a broad national movement rather than a political party. After Independence, it continued to dominate the nation as the leading political party till the 1980s. Structure of the Congress The All-India Congress Committe (AICC) is the main executive body of the party. Within the AICC, a smaller group called the Congress Working Committe (CWC) takes the main decisions regarding the party. The CWC includes the President of the Congress Party and 20 others - 10 elected by the AICC, and 10 appointed by the President. The Congress Parliamentary Party (CPP) is composed of the Congress party members who are also Members of Parliament. It tries to develop and enforce consensus with regard to the work of Parliament. Ideology The Congress party has been historically committed to:

a democratic, parliamentary ideology and non-violent nationalism. This was the philosophy of the national movement. This helped to keep Indian democracy alive, inspite of single-party dominance for nearly half a century after independence. the removal of feudalism and zamindari, laws protecting labour, and the formation of a socialistic society. the linguistic reorganization of states, respect for minorities and the depressed classes, and a policy of consensus.
Since Independence Till the 1950s and 60s, the Indian party system was one of 'one party dominance'. The Congress was the only viable ruling party, and opposition parties could only criticise or pressurize it from outside. However, the organization of the party weakened gradually. Kamaraj in the 1960s suggested the Kamaraj Plan - the removal of ministers and party managers for party work. Nehru died in 1964, and was succeeded by Lal Bahadur Shastri, and then in 1966 by Indira Gandhi. From

1975 to 1977 Indira Gandhi imposed the Emergency. This was very unpopular, and resulted in the Congress Party losing the elections for the first time in independent Indian history, in 1977. However, the Congress Party came back to power in 1980 because the Janata Party was not able to provide a stable government. From 1980 to 1989, Indira Gandhi and then Rajiv Gandhi of the Congress were Prime Ministers. After the Congress lost the elections in 1989, it started the era of coalition governments. In this period, the Congress was in power from 1991 to 1996 (Narasimha Rao as Prime Minister), and then from 2004 (Manmohan Singh), both times as the leading party of a coalition. Since 2004, the Congress has been the leading party of the United Progressive Alliance (UPA). ________________________ BHARATIYA JANATA PARTY

The Bharatiya Janata Party is one of the main political parties of India. In the centre, it is the main opposition party; in Gujarat, Karnataka, Jharkhand, MP, Chattisgarh and Goa it controls the state government; in Bihar, Nagaland and Punjab it is the one of the parties in the ruling alliances. The BJP is one of the 'Sangh Parivar', the family of Hindu nationalist organizations including the Rashtriya Swayamsevak Sangh (RSS), Vishwa Hindu Parishad (VHP), etc. It was founded in 1980. Before 1980 The BJP is a descendant of the Bharatiya Jan Sangh (BJS), founded in 1950 by Shyam Prasad Mukherjee. After the death of Shyam Prasad Mukherjee in 1953, it was taken over by Deendayal Upadhyaya. In 1968, Atal Behari Vajpayee became the President. Deendayal Upadhyaya and Vajpayee built up the organization from the local to the national level. Sthaniya samitis (local councils) and karya samitis (executive councils) were set up in villages, towns, districts, and at the national level. This was mainly in the Hindi-speaking areas in northern India, with some presence in Gujarat,Bihar, West Bengal, Assam and Orissa. In 1977, it was one of the non-Congress parties which came together to form the 'Janata Dal' government. In 1979, after the failure to set up a stable government, the Janata Dal broke up. In 1980, Vajpayee, Advani, and Bhairon Singh Sekhawat founded the Bharatiya Janata Party (BJP). Vajpayee was the President of the party. Structure

The highest office within the party is that of the President. This is presently held by Rajnath Singh. The term of the office is 3 years. Below the President there are Vice Presidents, General Secretaries, Treasurers and Secretaries. The highest decision making body is the National Executive Committee. The structure of the party is similar at the state level also. Ideology The BJP is a right-wing party.

In social matters, it is conservative and dedicated to India's traditional values. In economic matters, it has been liberal. In religion also it is conservative. It opposes conversions. It supports strong government and national defense. It wants Article 370 abrogated and antiterror measures like the Prevention of Terrorist Activities Act strengthened. It supports welfare measures for food security, shelter for all, easy agricultural loans, and universal education. After 1980

The party led the Ram Janambhoomi Movement in the late 1980s. Through this it gained political support. Members of the BJP and other sangh parivar organizations broke down the Babri Masjid Mosque in 1992. After this, their political fortunes improved.

In 1996, the BJP became the single largest party in Parliament for the first time in its history. However, it was not able to get allies and Vajpayee was Prime Minister for less than two weeks.

In 1998, the BJP, as the head of the coalition of parties, was finally able to form a stable government. Vajpayee was the Prime Minister till 2004. His government continued the liberal economic policies of the previous Congress government. Foreign investment in India increased.

The BJP's support today comes from mainly the upper and middle classes in Hindi-Hindu areas. However, it has a presence in some non-Hindi states like Gujarat and Karnataka.

The BJP, however, lost the 2004 as well as the 2009 elections.
___________ COMMUNIST PARTIES IN INDIA Before independence The left movement began in India in the 1920s. This was due to the inspiration of the 1917 revolution in Russia, the growth in education, and the economic difficulties after the war. There were two streams within the left movement:

communist organizations outside the Congress, and the left wing within the Congress party

Communist organizations In 1920, MN Roy founded a Communist Party of India at Tashkent, USSR. This was supported by the Comintern and its members were trained in Moscow. In India, it worked with terrorist organizations like Jugantar and Anushilan. However, the party was soon banned in India. In 1924, another Communist Party of India was founded by Sathyabhakta. This was independent of the Comintern, but was also banned. The Indian communists were thus forced to work with front organizations like the All-India Workers and Peasants Party. The communists chose to support the British during the Quit India Movement because both Britain and Russia were fighting against Germany. Later, they supported the Muslim League demand for a weak central government. These made the communists unpopular inIndia. Left wing within the Congress Jawaharlal Nehru and Subhas Chandra Bose were members of the Congress Socialist Party. Later, Subhas Chandra Bose founded the Forward Bloc within the Congress. After Independence There are several communist parties in India. Communist Party of India (CPI) It traces its founding to Sathyabhakta's party of 1924. After independence, it led armed struggles in Kerala, Hyderabad, and Bengal. However, it soon chose to work within India's system of parliamentary democracy. The CPI was the first non-Congress party to form a government. This was in Kerala in 1957 when EMS Namboodiripad became the Chief Minister. Later, Achuta Menon from the CPI was also Chief Minister of Kerala. The Sino-Japanese War of 1962 and some ideological matters led to the split in the party in 1964. One section broke away to form the CPI(M). Today, AB Bardhan is the President of the CPI. The CPI was part of the UPA (United Progressive Alliance) till 2008, when it withdrew support because of the Indo-US nuclear deal. Communist Party of India (Marxist) (CPI(M) or CPM) This was formed in 1964. People like EMS Namboodiripad and Jyoti Basu chose to join this breakaway party when it split from the CPI. In 1967 it won the elections in Kerala, and EMS Namboodiripad became the Chief Minister. In 1977, Jyoti Basu led the party to success in West Bengal. He stayed as Chief Minister till 2000. Today, it forms the state governments in Kerala (CM: VS Achuthanandan), Bengal(Buddhadeb Bhattacharya) and Tripura (Manik Sarkar). It was part of the UPA till 2008, and also part of Tamil Nadu's ruling Progressive Democratic Alliance till 2008.

Other communist groups In 1967, a group of the CPI(M) led by Charu Majumdar and Kanu Sanyal chose to break away. They supported the armed revolt in a village called Naxalbari in West Bengal. This was the root of the Naxalite movement. They called themselves the All India Coordination Committee of Communist Revolutionaries . Similar groups were founded in Andhra Pradesh. However, these groups have been banned in India because they support armed rebellion against the government. __________________ NATIONALIST CONGRESS PARTY This was founded in 1999 by Sharad Pawar, PA Sangma, and Tariq Anwar. The Nationalist Congress Party has a secular and egalitarian ideology. It believes that high constitutional offices must be reserved for natural-born Indian citizens. Its base is mainly in Maharashtra, but it also has a presence in Kerala and Nagaland. It is a part of the ruling United Progressive Alliance. Sharad Pawar from the NCP is the Minister for Agriculture at present. __________________ BAHUJAN SAMAJ PARTY This was founded in 1984 by Kanshi Ram. The BSP is a centrist and socialist party which claims to follow the legacy of BR Ambedkar, the Dalit leader. Its main base is in Uttar Pradesh, among the Scheduled Castes and Tribes, the Other Backward Castes, and the Buddhists. Mayawati was the President of the party from 2003 to 2012. She was Chief Minister of Uttar Pradesh for four terms. At the national level, the BSP is the third largest national party with 10% of the national vote. __________________ To contest in elections, a political party should be registered with the Election Commission. If a political party has won 4% or more of its state's quota in the Lok Sabha, or 3.3% of the members of the state's legislative assembly, it is called a recognised party. If a party is recognized in four or more states, it is known as a national party. Otherwise, it is called a state or regional party. India has six national parties: the Indian National Congress, Bharatiya Janata Party, Communist Party of India, Communist Party of India (Marxist), Nationalist Congress Party, and the Bahujan Samaj Party. The following is a description of the main regional parties in India.

TAMIL NADU

Dravida Munnetra Kalagam (DMK)

This was founded by CN Annadurai in 1949 after he broke away from the Dravida Kazhagam (Justice Party, led by Periyar). Since 1969, it has been led by M. Karunanidhi. It won its first elections in 1967, and CN Annadurai became Chief Minister. After his death in 1969, Karunanidhi became CM. In 1972, MG Ramachandran broke away from the party to form the All India Anna Dravida Munnetra Kazhagam. Ideology. In the 1940s and 50s, the DMK followed an ideology of Tamil nationalism and supported the idea of a separate Dravida Nadu. However, since the 1960s, it has given this up. It took up the anti-Hindi cause, and espouses Tamil pride. All India Anna Dravida Munnetra Kazhagam (AIADMK) This party was formed by MG Ramachandran in 1972 and is now led by J. Jayalalithaa. The AIADMK first came to power in 1977 and MG Ramachandran became Chief Minister. In 1979, it became the first Dravidian party to become a part of the union cabinet (under Charan Singh). In 1980, however, it was dismissed by Indira Gandhi's government, but managed to be elected back to power the same year. After MGR died in 1987, his wife Janaki Ramachandran took over as Chief Minister. However, her government was dismissed in 1988. After this, the party was taken over by J. Jayalalithaa. Under J. Jayalalithaa, the party was in power in Tamil Nadu from 1991 to 1996, 2001 to 2006, and 2011 to the present.. Pattali Makkal Katchi (PMK). This was founded by Dr. Ramdoss. The party is stronger in northern Tamil Nadu. Marumalarchi Dravida Munnetra Kazhagam (MDMK). Founded by V Gopalswamy (Vaiko) in 1994, the party is known for its sympathy for the Sri Lankan Tamils and the LTTE issue. Desiya Murpokku Dravida Kazhagam (DMDK) was founded by former actor Vijaykanth in 2005. It is now the main opposition party.

ANDHRA PRADESH

Andhra Pradesh today has a Congress government led by N Kiran Kumar Reddy.

Telugu Desam Party (TDP) This was founded by former film star NT Ramarao (NTR) in 1982. NTR led his party to victory in elections that year and became the Chief Minister. In 1995, his son-in-law Chandrababu Naidu took over leadership of the party after a power struggle. Candrababu Naidu was Chief Minister from 1995 to 2004.

TDP favours separate statehood for Telangana. Praja Rajyam Party (PRP). This was formed by Chiranjeevi in 2008. It has campaigned for a separate Telangana. Telangana Rashtra Samiti (TRS). The founder and leader of TRS is K Chandrasekar Rao (2001). The TRS was part of the UPA (United Progressive Alliance led by the Congress) but withdrew support after the UPA failed to create Telangana.

KERALA

Oommen Chandy of the Indian National Congress is now the Chief Minister of Kerala. Other important parties in Kerala include: Indian Union Muslim League (Muslim League Kerala State Committee). This has participated as a coalition partner in recent governments in Kerala. It also has some influence in Tamil Nadu. Kerala Congress (M). Led by P. Mani, this is one of the splinter groups of the Congress in Kerala. It is a part of the UPA coalition. Kerala Congress. Another splinter group of the Congress, this party is led by Thomas Unniyadan. Janata Dal (Secular). This party, led by former PM HD Deve Gowda, is recognized in Karnataka and in Kerala.

KARNATAKA

The BJP, led by Chief Minister BS Yeddyurappa, is presently the ruling party in Karnataka. Besides the BJP, the Janata Dal (Secular) (led by HD Deve Gowda) and the Indian National Congress have a presence in Karnataka.

OTHER POLITICAL PARTIES

Samajwadi Party is now the ruling party in Uttar Pradesh, with a presence in Madhya Pradesh and Karnataka. It is supported by mostly OBCs and Muslims. It was founded in 1992 by Mulayam Singh Yadav. Asom Gana Parishad is based in Assam, and led by Prafulla Kumar Mahanta. One of the main issues it has taken up is immigration from Bangladesh. Unlike the United Liberation Front of Assam (ULFA), led by Arabinda Rajkhowa and Raju Barua, it has never been separatist. ULFA has recently given up separatism and pledged to work within the Indian political system. The Bodoland People's Front,

another group in Assam, supports a separate state for the Bodos. Rashtriya Janata Dal (RJD), the party founded by Laloo Prasad Yadav in 1997, is supported by the OBCs and Muslims of Bihar. It ruled Bihar from 2000 to 2005, and it used to be a part of the UPA. Bihar is ruled to day by the Janata Dal (United) (JD(U)) led by Nitish Kumar. JD(U) has a presence in Jharkhand as well. It is a part of the NDA. Both the JD(U) and the RJD come from the Janata Dal party formed by Jayaprakash Narayan in 1974. Ram Vilas Paswan heads the Lok Jan Shakti Party, which is a splinter group of the JD(U). Jharkhand is ruled by a BJP-led coalition government led by Arjun Munda. Other important parties in Jharkhand are the Jharkhand Mukti Morcha (JMM) led by Sibu Soren, and theJharkhand Vikar Morcha of Babulal Marandi. The National Conference, led by Omar Abdulla, is the ruling party of Jammu and Kashmir. This was formed in 1932 as the Muslim Conference, and got its present name in 1939. It was founded by Sheik Abdullah. The main opposition party in Kashmir is thePeople's Democratic Party, led by Mufti Mohammed Sayeed and Mehbooba Mufti now. PDP was part of the UPA till 2009. Maharashtra is ruled by a Congress government led by Prithviraj Chavan. Shiv Sena, founded by Balasahed Thakeray in 1966, led a sons-of-the-soil movement in Maharashtra, but it now espouses a broader Hindu nationalism. Uddhav Thakeray is the present leader. His brother Raj Thakeray leads the Maharashtra Navnirman Sena, founded in 2006. Buddhadeb Bhattacharya of the CPM leads the West Bengal state government. TheTrinamool Congress of Mamata Bannerjee is based in Bengal. It is now part of the UPA, with Mamata Bannerjee leading the Railways Ministry. The Forward Bloc, set up by Subhash Chadra Bose in 1939 as a group within the Congress, today has a limited following in West Bengal. The Biju Janata Dal, founded in 1997, is the ruling party in Orissa, led by Naveen Patnaik. In Punjab, the Siromani Akali Dal of Prakash Singh Badal heads the government. This was founded in 1920, and has traditionally been closer to the BJP than the Congress.

_________________

COALITION POLITICS

A coalition government is one in which several political parties participate. This usually happens in a parliamentary system when no single party wins an absolute majority in Parliament. Through coalitions, parties try to form alliances that can get majority support in Parliament. They may be formed before or after elections. Since the 1990s, India has had coalition governments. One of the main causes is that more people

support regional parties with narrow bases now. These have been some of the recent important coalitions at the national level. (1) Janata Party coalition (1977-79) This was India's first non-Congress government at the centre. Morarji Desai became the Prime Minister at the head of this coalition. But he was not able to maintain a majority, and had to resign to give way to Charan Singh. Charan Singh did not have majority support, and India's first non-Congress experiment had to end in 1979. The Janata Party became unpopular because of quarrels among its members. For the next ten years, India went back to rule by the Congress. The Congress was defeated in the polls in 1989, and a coalition of parties which used to be the opposition came to power. (2) National Front coalition (1989-91) This coalition was also marked by instability. V.P. Singh was the first Prime Minister, with the support of the Bharatiya Janata Party. The BJP withdrew support when Singh tried to implement the Mandal Report. VP Singh then had to resign, and was replaced by Chandra Shekhar of Janata Dal (S) (who was supported by the Congress). However, the Congress withdrew its support and elections had to be held in 1991. (3) Narasimha Rao's coalition government (1991-96)

Narasimha Rao's government was supported by the Telugu Desam and some other parties. It was the first coalition in India to last the full five years. It started the programme of economic reforms, but also saw the demolition of the Babri Masjid. In the elections of 1996, the BJP won the largest number of seats in Parliament, but less than a majority. However, other parties refused to support them, and Vajpayee was forced to resign after 2 weeks in power. (4) United Front coalition (1996-98) This was a coalition of 14 parties, and led by HD Deve Gowda of the Janata Dal, followed by IK Gujral. This coalition also fell because the Congress withdrew support. (5) National Democratic Alliance (1998-2004) (NDA)

The BJP formed this coalition before the elections of 1998. Though the first government fell after a year because the AIADMK withdrew support, the BJP (as the leader of the NDA) came back to power in 1999. Vajpayee as Prime Minister madeIndia a nuclear power, and fought and won the Kargil War. This was the first non-Congress government to last for the full term. The NDA was defeated in 2004. After the elections, the Congress formed a coalition known as the UPA and came back to power. The NDA is presently the main coalition in the opposition. Members include the BJP, the Janata Dal (United), Shiromani Akali Dal, Telangana Rashtra Samiti, and the Shiv Sena. (6) United Progressive Alliance (2004-present) (UPA)

Members of this coalition are now part of the government. Parties in the UPA include the Congress, the Nationalist Congress Party, and the Dravida Munnetra Kazhagam. The coalition won the elections of 2009 also. After 2009 it has been disturbed by scandals such as those related to the 2G scam and the Commonwealth Games scam. The UPA has a Common Minimum Programme. This contains the aims of the coalition government. The UPA's programme includes: (1) providing employment to all through the National Rural Employment Guarantee Act, (2) investment in agriculture, (3) promotion of education, (4) reservation for women in legislatures and complete legal equality for women, (5) food and nutrition security, (6) promoting panchayati raj, (7) welfare of the scheduled castes and tribes, (8) welfare of minorities, (9) development of infrastructure and water resources, (10) preserving Article 370. Coalitions at the state level have been common since the 1950s. Kerala was one of the first states to have a coalition. West Bengal has been ruled by a coalition of communist parties led by the CPI(M) since the 1970s. At the state level, when parties are not able to form majority governments or governments lose their majority, it may lead to the imposition of President's rule. This is allowed by the Constitution in its emergency provisions (emergency due to breakdown of constitutional machinery in the states). Features of coalition governments in India include (1) the lack of ability of any single party to win absolute majority in elections in the centre and in many states, and coalitions led by the single largest parties; (2) alliances made before the elections, (3) consensus politics and common minimum programmes; (4) large Councils of Ministers; (5) increased cooperation between regional and national parties, and change in the nature of federalism; and (6) two important alliances: the BJP-led NDA, and the Congress-led UPA, with a possible third alliance.

POLITICAL PARTIES

Political parties A political party is a group of individuals who are united in a specific political cause or opinion and participate in the competetion for power, especially on a national or regional basis. Political parties are characterised by:

a degree of permanence and stable organization definite aims/programme, including the aim to control the government. A political party's main function is to link the rulers and the ruled. This it does through nominating candidates for public offices, formulating policy and setting the agenda for the public, and mobilizing support for candidates and policies during an election. The ruling party forms the government and coordinates its different organs. The opposition party criticizes the government and acts as a check on its power. Political parties are therefore an important feature of democratic political systems. Types of party systems Political scientists classify party systems often according to the number of parties it has: (1) A single-party system. This exists in totalitarian countries like China and the formerUSSR, where only the Communist Party was allowed. (2) A bi-party system. There are two dominant parties in this kind of system. The US and the UK have traditionally been dominated by two major political parties. (3) Multi-party system. This exists in countries like France, Germany, and India - many political parties are involved and play an active role in politics. Features of India's party system India's party system has some unique features: (1) Multiplicity of political parties. Because India has several regions, languages and communities, there are many political parties in India. More than 70 political parties contested in India's first elections in 1951, and the number is more now. India has several regional parties and a few national parties. (2) Decline of the one party dominance and 'Congress system'. Till 1977, when the Congress party first lost an election, political scientists called India's party system one of 'single-party dominance' or the 'Congress system'. But the Congress is not longer the dominant political party. Since 1989, no party in India has been able to win an absolute majority. The Bharatiya Janata Party, which was ruling party for six years, now poses the main challenge to the Congress. (3) Coalitions. Since 1989, every government in India has been based on coalitions of several political parties. At present the United Progressive Alliance, a coalition of the Congress, the DMK, the Nationalist Congress Party, and others, is the ruling coalition. At present, India has a two-alliance structure with the UPA and the NDA (National Democratic Alliance) being the two dominant alliances. (4) Parties based on multiple social cleavages. Some are formed on the basis of a regional identities, others on the basis of caste, and some are based on political ideas or philosophy. The SP, the BSP, and the Akali Dal, are examples.

Recently, the lower classes and castes have begun to form their own political parties. (5) Fragmentation of political parties. There are frequent splits and mergers. The Congress itself has gone through several splits and mergers. (6) Importance of state political parties. In states like UP and Tamil Nadu, the national political parties have only a weak presence. Political parties which are based in states, like the DMK and the Bahujan Samaj Party (BSP) have become more important because of coalition politics. (7) Centralizing and divisive tendencies. While there are multiple political divisions in India, this has made it necessary for parties which want to gain power to look for support from many sections of society. Even the BJP has tried to reach across to people of other religions and languages in order to gain political power in the centre. ______________ INDIAN NATIONAL CONGRESS The Indian National Congress was set up in 1885 by AO Hume, a retired British civil servant. Its purpose at this time was to bring all Indians together, give them a forum to engage in modern politics, and thus persuade the British to give political and administrative concessions. From the 1920s, the Congress functioned as a broad national movement rather than a political party. After Independence, it continued to dominate the nation as the leading political party till the 1980s. Structure of the Congress The All-India Congress Committe (AICC) is the main executive body of the party. Within the AICC, a smaller group called the Congress Working Committe (CWC) takes the main decisions regarding the party. The CWC includes the President of the Congress Party and 20 others - 10 elected by the AICC, and 10 appointed by the President. The Congress Parliamentary Party (CPP) is composed of the Congress party members who are also Members of Parliament. It tries to develop and enforce consensus with regard to the work of Parliament. Ideology The Congress party has been historically committed to:

a democratic, parliamentary ideology and non-violent nationalism. This was the philosophy of the national movement. This helped to keep Indian democracy alive, inspite of single-party dominance for nearly half a century after independence. the removal of feudalism and zamindari, laws protecting labour, and the formation of a socialistic society. the linguistic reorganization of states, respect for minorities and the depressed classes, and a policy of consensus.

Since Independence Till the 1950s and 60s, the Indian party system was one of 'one party dominance'. The Congress was the only viable ruling party, and opposition parties could only criticise or pressurize it from outside. However, the organization of the party weakened gradually. Kamaraj in the 1960s suggested the Kamaraj Plan - the removal of ministers and party managers for party work. Nehru died in 1964, and was succeeded by Lal Bahadur Shastri, and then in 1966 by Indira Gandhi. From 1975 to 1977 Indira Gandhi imposed the Emergency. This was very unpopular, and resulted in the Congress Party losing the elections for the first time in independent Indian history, in 1977. However, the Congress Party came back to power in 1980 because the Janata Party was not able to provide a stable government. From 1980 to 1989, Indira Gandhi and then Rajiv Gandhi of the Congress were Prime Ministers. After the Congress lost the elections in 1989, it started the era of coalition governments. In this period, the Congress was in power from 1991 to 1996 (Narasimha Rao as Prime Minister), and then from 2004 (Manmohan Singh), both times as the leading party of a coalition. Since 2004, the Congress has been the leading party of the United Progressive Alliance (UPA). ________________________ BHARATIYA JANATA PARTY The Bharatiya Janata Party is one of the main political parties of India. In the centre, it is the main opposition party; in Gujarat, Karnataka, Jharkhand, MP, Chattisgarh and Goa it controls the state government; in Bihar, Nagaland and Punjab it is the one of the parties in the ruling alliances. The BJP is one of the 'Sangh Parivar', the family of Hindu nationalist organizations including the Rashtriya Swayamsevak Sangh (RSS), Vishwa Hindu Parishad (VHP), etc. It was founded in 1980. Before 1980 The BJP is a descendant of the Bharatiya Jan Sangh (BJS), founded in 1950 by Shyam Prasad Mukherjee. After the death of Shyam Prasad Mukherjee in 1953, it was taken over by Deendayal Upadhyaya. In 1968, Atal Behari Vajpayee became the President.

Deendayal Upadhyaya and Vajpayee built up the organization from the local to the national level. Sthaniya samitis (local councils) and karya samitis (executive councils) were set up in villages, towns, districts, and at the national level. This was mainly in the Hindi-speaking areas in northern India, with some presence in Gujarat,Bihar, West Bengal, Assam and Orissa. In 1977, it was one of the non-Congress parties which came together to form the 'Janata Dal' government. In 1979, after the failure to set up a stable government, the Janata Dal broke up. In 1980, Vajpayee, Advani, and Bhairon Singh Sekhawat founded the Bharatiya Janata Party (BJP). Vajpayee was the President of the party. Structure

The highest office within the party is that of the President. This is presently held by Rajnath Singh. The term of the office is 3 years. Below the President there are Vice Presidents, General Secretaries, Treasurers and Secretaries. The highest decision making body is the National Executive Committee. The structure of the party is similar at the state level also. Ideology The BJP is a right-wing party.

In social matters, it is conservative and dedicated to India's traditional values. In economic matters, it has been liberal. In religion also it is conservative. It opposes conversions. It supports strong government and national defense. It wants Article 370 abrogated and antiterror measures like the Prevention of Terrorist Activities Act strengthened. It supports welfare measures for food security, shelter for all, easy agricultural loans, and universal education. After 1980

The party led the Ram Janambhoomi Movement in the late 1980s. Through this it gained political support. Members of the BJP and other sangh parivar organizations broke down the Babri Masjid Mosque in 1992. After this, their political fortunes improved.

In 1996, the BJP became the single largest party in Parliament for the first time in its history. However, it was not able to get allies and Vajpayee was Prime Minister for less than two weeks.

In 1998, the BJP, as the head of the coalition of parties, was finally able to form a stable government. Vajpayee was the Prime Minister till 2004. His government continued the liberal economic policies of the previous Congress government. Foreign investment in India increased.

The BJP's support today comes from mainly the upper and middle classes in Hindi-Hindu areas. However, it has a presence in some non-Hindi states like Gujarat and Karnataka.

The BJP, however, lost the 2004 as well as the 2009 elections. ___________ COMMUNIST PARTIES IN INDIA Before independence The left movement began in India in the 1920s. This was due to the inspiration of the 1917 revolution in Russia, the growth in education, and the economic difficulties after the war. There were two streams within the left movement:

communist organizations outside the Congress, and the left wing within the Congress party Communist organizations In 1920, MN Roy founded a Communist Party of India at Tashkent, USSR. This was supported by the Comintern and its members were trained in Moscow. In India, it worked with terrorist organizations like Jugantar and Anushilan. However, the party was soon banned in India. In 1924, another Communist Party of India was founded by Sathyabhakta. This was independent of the Comintern, but was also banned. The Indian communists were thus forced to work with front organizations like the All-India Workers and Peasants Party. The communists chose to support the British during the Quit India Movement because both Britain and Russia were fighting against Germany. Later, they supported the Muslim League demand for a weak central government. These made the communists unpopular inIndia. Left wing within the Congress Jawaharlal Nehru and Subhas Chandra Bose were members of the Congress Socialist Party. Later, Subhas Chandra Bose founded the Forward Bloc within the Congress. After Independence There are several communist parties in India. Communist Party of India (CPI) It traces its founding to Sathyabhakta's party of 1924. After independence, it led armed

struggles in Kerala, Hyderabad, and Bengal. However, it soon chose to work within India's system of parliamentary democracy. The CPI was the first non-Congress party to form a government. This was in Kerala in 1957 when EMS Namboodiripad became the Chief Minister. Later, Achuta Menon from the CPI was also Chief Minister of Kerala. The Sino-Japanese War of 1962 and some ideological matters led to the split in the party in 1964. One section broke away to form the CPI(M). Today, AB Bardhan is the President of the CPI. The CPI was part of the UPA (United Progressive Alliance) till 2008, when it withdrew support because of the Indo-US nuclear deal. Communist Party of India (Marxist) (CPI(M) or CPM) This was formed in 1964. People like EMS Namboodiripad and Jyoti Basu chose to join this breakaway party when it split from the CPI. In 1967 it won the elections in Kerala, and EMS Namboodiripad became the Chief Minister. In 1977, Jyoti Basu led the party to success in West Bengal. He stayed as Chief Minister till 2000. Today, it forms the state governments in Kerala (CM: VS Achuthanandan), Bengal(Buddhadeb Bhattacharya) and Tripura (Manik Sarkar). It was part of the UPA till 2008, and also part of Tamil Nadu's ruling Progressive Democratic Alliance till 2008. Other communist groups In 1967, a group of the CPI(M) led by Charu Majumdar and Kanu Sanyal chose to break away. They supported the armed revolt in a village called Naxalbari in West Bengal. This was the root of the Naxalite movement. They called themselves the All India Coordination Committee of Communist Revolutionaries. Similar groups were founded in Andhra Pradesh. However, these groups have been banned in India because they support armed rebellion against the government. __________________ NATIONALIST CONGRESS PARTY This was founded in 1999 by Sharad Pawar, PA Sangma, and Tariq Anwar. The Nationalist Congress Party has a secular and egalitarian ideology. It believes that high constitutional offices must be reserved for natural-born Indian citizens. Its base is mainly in Maharashtra, but it also has a presence in Kerala and Nagaland. It is a part of the ruling United Progressive Alliance. Sharad Pawar from the NCP is the Minister for Agriculture at present. __________________ BAHUJAN SAMAJ PARTY This was founded in 1984 by Kanshi Ram. The BSP is a centrist and socialist party which claims to follow the legacy of BR Ambedkar, the

Dalit leader. Its main base is in Uttar Pradesh, among the Scheduled Castes and Tribes, the Other Backward Castes, and the Buddhists. Mayawati was the President of the party from 2003 to 2012. She was Chief Minister of Uttar Pradesh for four terms. At the national level, the BSP is the third largest national party with 10% of the national vote. __________________ To contest in elections, a political party should be registered with the Election Commission. If a political party has won 4% or more of its state's quota in the Lok Sabha, or 3.3% of the members of the state's legislative assembly, it is called a recognised party. If a party is recognized in four or more states, it is known as a national party. Otherwise, it is called a state or regional party. India has six national parties: the Indian National Congress, Bharatiya Janata Party, Communist Party of India, Communist Party of India (Marxist), Nationalist Congress Party, and the Bahujan Samaj Party. The following is a description of the main regional parties in India.

TAMIL NADU

Dravida Munnetra Kalagam (DMK)

This was founded by CN Annadurai in 1949 after he broke away from the Dravida Kazhagam (Justice Party, led by Periyar). Since 1969, it has been led by M. Karunanidhi. It won its first elections in 1967, and CN Annadurai became Chief Minister. After his death in 1969, Karunanidhi became CM. In 1972, MG Ramachandran broke away from the party to form the All India Anna Dravida Munnetra Kazhagam. Ideology. In the 1940s and 50s, the DMK followed an ideology of Tamil nationalism and supported the idea of a separate Dravida Nadu. However, since the 1960s, it has given this up. It took up the anti-Hindi cause, and espouses Tamil pride. All India Anna Dravida Munnetra Kazhagam (AIADMK) This party was formed by MG Ramachandran in 1972 and is now led by J. Jayalalithaa.

The AIADMK first came to power in 1977 and MG Ramachandran became Chief Minister. In 1979, it became the first Dravidian party to become a part of the union cabinet (under Charan Singh). In 1980, however, it was dismissed by Indira Gandhi's government, but managed to be elected back to power the same year. After MGR died in 1987, his wife Janaki Ramachandran took over as Chief Minister. However, her government was dismissed in 1988. After this, the party was taken over by J. Jayalalithaa. Under J. Jayalalithaa, the party was in power in Tamil Nadu from 1991 to 1996, 2001 to 2006, and 2011 to the present.. Pattali Makkal Katchi (PMK). This was founded by Dr. Ramdoss. The party is stronger in northern Tamil Nadu. Marumalarchi Dravida Munnetra Kazhagam (MDMK). Founded by V Gopalswamy (Vaiko) in 1994, the party is known for its sympathy for the Sri Lankan Tamils and the LTTE issue. Desiya Murpokku Dravida Kazhagam (DMDK) was founded by former actor Vijaykanth in 2005. It is now the main opposition party.

ANDHRA PRADESH

Andhra Pradesh today has a Congress government led by N Kiran Kumar Reddy.

Telugu Desam Party (TDP) This was founded by former film star NT Ramarao (NTR) in 1982. NTR led his party to victory in elections that year and became the Chief Minister. In 1995, his son-in-law Chandrababu Naidu took over leadership of the party after a power struggle. Candrababu Naidu was Chief Minister from 1995 to 2004. TDP favours separate statehood for Telangana. Praja Rajyam Party (PRP). This was formed by Chiranjeevi in 2008. It has campaigned for a separate Telangana. Telangana Rashtra Samiti (TRS). The founder and leader of TRS is K Chandrasekar Rao (2001). The TRS was part of the UPA (United Progressive Alliance led by the Congress) but withdrew support after the UPA failed to create Telangana.

KERALA

Oommen Chandy of the Indian National Congress is now the Chief Minister of Kerala. Other important parties in Kerala include: Indian Union Muslim League (Muslim League Kerala State Committee). This has participated as a coalition partner in recent governments in Kerala. It also has some influence in Tamil Nadu. Kerala Congress (M). Led by P. Mani, this is one of the splinter groups of the Congress in Kerala. It is a part of the UPA coalition. Kerala Congress. Another splinter group of the Congress, this party is led by Thomas Unniyadan. Janata Dal (Secular). This party, led by former PM HD Deve Gowda, is recognized in Karnataka and in Kerala.

KARNATAKA

The BJP, led by Chief Minister BS Yeddyurappa, is presently the ruling party in Karnataka. Besides the BJP, the Janata Dal (Secular) (led by HD Deve Gowda) and the Indian National Congress have a presence in Karnataka.

OTHER POLITICAL PARTIES

Samajwadi Party is now the ruling party in Uttar Pradesh, with a presence in Madhya Pradesh and Karnataka. It is supported by mostly OBCs and Muslims. It was founded in 1992 by Mulayam Singh Yadav. Asom Gana Parishad is based in Assam, and led by Prafulla Kumar Mahanta. One of the main issues it has taken up is immigration from Bangladesh. Unlike the United Liberation Front of Assam (ULFA), led by Arabinda Rajkhowa and Raju Barua, it has never been separatist. ULFA has recently given up separatism and pledged to work within the Indian political system. The Bodoland People's Front, another group in Assam, supports a separate state for the Bodos. Rashtriya Janata Dal (RJD), the party founded by Laloo Prasad Yadav in 1997, is supported by the OBCs and Muslims of Bihar. It ruled Bihar from 2000 to 2005, and it used to be a part of

the UPA. Bihar is ruled to day by the Janata Dal (United) (JD(U)) led by Nitish Kumar. JD(U) has a presence in Jharkhand as well. It is a part of the NDA. Both the JD(U) and the RJD come from the Janata Dal party formed by Jayaprakash Narayan in 1974. Ram Vilas Paswan heads the Lok Jan Shakti Party, which is a splinter group of the JD(U). Jharkhand is ruled by a BJP-led coalition government led by Arjun Munda. Other important parties in Jharkhand are the Jharkhand Mukti Morcha (JMM) led by Sibu Soren, and theJharkhand Vikar Morcha of Babulal Marandi. The National Conference, led by Omar Abdulla, is the ruling party of Jammu and Kashmir. This was formed in 1932 as the Muslim Conference, and got its present name in 1939. It was founded by Sheik Abdullah. The main opposition party in Kashmir is thePeople's Democratic Party, led by Mufti Mohammed Sayeed and Mehbooba Mufti now. PDP was part of the UPA till 2009. Maharashtra is ruled by a Congress government led by Prithviraj Chavan. Shiv Sena, founded by Balasahed Thakeray in 1966, led a sons-of-the-soil movement in Maharashtra, but it now espouses a broader Hindu nationalism. Uddhav Thakeray is the present leader. His brother Raj Thakeray leads the Maharashtra Navnirman Sena, founded in 2006. Buddhadeb Bhattacharya of the CPM leads the West Bengal state government. TheTrinamool Congress of Mamata Bannerjee is based in Bengal. It is now part of the UPA, with Mamata Bannerjee leading the Railways Ministry. The Forward Bloc, set up by Subhash Chadra Bose in 1939 as a group within the Congress, today has a limited following in West Bengal. The Biju Janata Dal, founded in 1997, is the ruling party in Orissa, led by Naveen Patnaik. In Punjab, the Siromani Akali Dal of Prakash Singh Badal heads the government. This was founded in 1920, and has traditionally been closer to the BJP than the Congress. _________________

COALITION POLITICS

A coalition government is one in which several political parties participate. This usually happens in a parliamentary system when no single party wins an absolute majority in Parliament. Through coalitions, parties try to form alliances that can get majority support in Parliament. They may be formed before or after elections. Since the 1990s, India has had coalition governments. One of the main causes is that more people support regional parties with narrow bases now.

These have been some of the recent important coalitions at the national level. (1) Janata Party coalition (1977-79) This was India's first non-Congress government at the centre. Morarji Desai became the Prime Minister at the head of this coalition. But he was not able to maintain a majority, and had to resign to give way to Charan Singh. Charan Singh did not have majority support, and India's first non-Congress experiment had to end in 1979. The Janata Party became unpopular because of quarrels among its members. For the next ten years, India went back to rule by the Congress. The Congress was defeated in the polls in 1989, and a coalition of parties which used to be the opposition came to power. (2) National Front coalition (1989-91) This coalition was also marked by instability. V.P. Singh was the first Prime Minister, with the support of the Bharatiya Janata Party. The BJP withdrew support when Singh tried to implement the Mandal Report. VP Singh then had to resign, and was replaced by Chandra Shekhar of Janata Dal (S) (who was supported by the Congress). However, the Congress withdrew its support and elections had to be held in 1991. (3) Narasimha Rao's coalition government (1991-96)

Narasimha Rao's government was supported by the Telugu Desam and some other parties. It was the first coalition in India to last the full five years. It started the programme of economic reforms, but also saw the demolition of the Babri Masjid. In the elections of 1996, the BJP won the largest number of seats in Parliament, but less than a majority. However, other parties refused to support them, and Vajpayee was forced to resign after 2 weeks in power. (4) United Front coalition (1996-98) This was a coalition of 14 parties, and led by HD Deve Gowda of the Janata Dal, followed by IK Gujral. This coalition also fell because the Congress withdrew support. (5) National Democratic Alliance (1998-2004) (NDA)

The BJP formed this coalition before the elections of 1998. Though the first government fell after a year

because the AIADMK withdrew support, the BJP (as the leader of the NDA) came back to power in 1999. Vajpayee as Prime Minister madeIndia a nuclear power, and fought and won the Kargil War. This was the first non-Congress government to last for the full term. The NDA was defeated in 2004. After the elections, the Congress formed a coalition known as the UPA and came back to power. The NDA is presently the main coalition in the opposition. Members include the BJP, the Janata Dal (United), Shiromani Akali Dal, Telangana Rashtra Samiti, and the Shiv Sena. (6) United Progressive Alliance (2004-present) (UPA)

Members of this coalition are now part of the government. Parties in the UPA include the Congress, the Nationalist Congress Party, and the Dravida Munnetra Kazhagam. The coalition won the elections of 2009 also. After 2009 it has been disturbed by scandals such as those related to the 2G scam and the Commonwealth Games scam. The UPA has a Common Minimum Programme. This contains the aims of the coalition government. The UPA's programme includes: (1) providing employment to all through the National Rural Employment Guarantee Act, (2) investment in agriculture, (3) promotion of education, (4) reservation for women in legislatures and complete legal equality for women, (5) food and nutrition security, (6) promoting panchayati raj, (7) welfare of the scheduled castes and tribes, (8) welfare of minorities, (9) development of infrastructure and water resources, (10) preserving Article 370. Coalitions at the state level have been common since the 1950s. Kerala was one of the first states to have a coalition. West Bengal has been ruled by a coalition of communist parties led by the CPI(M) since the 1970s. At the state level, when parties are not able to form majority governments or governments lose their majority, it may lead to the imposition of President's rule. This is allowed by the Constitution in its emergency provisions (emergency due to breakdown of constitutional machinery in the states). Features of coalition governments in India include (1) the lack of ability of any single party to win absolute majority in elections in the centre and in many states, and coalitions led by the single largest parties; (2) alliances made before the elections, (3) consensus politics and common minimum programmes; (4) large Councils of Ministers; (5) increased cooperation between regional and national parties, and change in the nature of federalism; and (6) two important alliances: the BJP-led NDA, and the Congress-led UPA, with a possible third alliance.

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Email ThisBlogThis!Share to TwitterShare to Facebook Thursday, March 14, 2013

ELECTIONS
Provisions about elections are contained in Part XV of the Constitution.

Elections to Parliament and to the state assemblies take place every five years, and by-elections may take place any time a members seat needs to be filled because he has resigned or died.

The Election Commission

The superintendence, direction, and control of all elections in India is vested in an independent body the Election Commission. The Election Commission consists of a Chief Election Commissioner, and other Election Commissioners as appointed by the President.

The Election Commission is a permanent and independent body, and the Chief Election Commissioner cannot be removed from office except by the same method as for a judge of the Supreme Court. The other election commissioners may not be removed except on the recommendation of the Chief Election Commissioner.

The Election Commission deals with:

the elections of the President and Vice President of India the election of both houses of Parliament and the state legislatures the qualifications and composition of the members of Parliament and state legislatures the duration of the state legislatures reservation of seats in the state legislatures determination of population for the purposes of elections and maintenance of electoral rolls.

The powers of the Parliament with regard to elections

Parliament can make laws on all matters concerning elections of the Parliament as well as the state legislatures. States can also legislate on these matters but the legislation of the state should not conflict with that of Parliament.

According to the Representation of People Act 1950, Parliament is eligible to legislate on the qualifications of voters, preparation of electoral rolls, number of seats to be allotted to states in Parliament, delineation of constituencies, etc.

There is only one general electoral roll

There is only one electoral roll. Whatever a persons caste, religion or language, he will be listed in a single electoral roll.

Universal Adult Franchise

Every man and woman above the age of 18 can vote. (This was lowered from 21 by the 61st Constitutional Amendment in 1986.) The only grounds for disqualification are non-residence, unsoundness of mind, crime, and corruption or illegal practice.

The Electoral Machinery

The Election Commission is assisted by other staff:

the Chief Electoral Officer appointed by the state governments at the state level sometimes, District Election Officers are elected at the district level; sometimes, normal administrative officers are assigned to take care of election work. the actual elections are conducted by the Returning Officers, Presiding Officers, and Polling Officers and several others at each polling station. The Electoral Process

1.

The electoral roll of the constituency is prepared.

2. Before the elections, a date is fixed for filing nomination papers. The papers are scrutinized and candidates are given time to withdraw. 3. Candidates are normally given one month to campaign, and their campaign should end 24 hours before the elections. 4. Usually, on polling day, they try to set up one polling station for every 1000 people. Political parties are allowed to have their own symbols so that the illiterate can know who they are voting for. 5. Counting is usually on a day fixed for it. 6. The candidate who has the highest number of votes is declared elected.

Some electoral malpractices in India

Money power in politics: Candidates spend several times the legal limit for spending on campaigning, and often those who are able to spent the most win. Money power can be seen in phenomenon such as:

Paid news: Promotional material for candidates masquerading as news in news periodicals or TV channels. Usually, this news is paid for by the candidate or someone close to him. Purchasing votes: by distributing goodies (cell phones, TVs, clothes, etc.) or the government announcing populist measures just before elections. Muscle power: Candidates are supported by armed groups, and the government either actively colludes or is unable to assert itself. Other candidates may be threatened not to file nominations. On polling day, these groups may engage in booth-capturing. In booth capturing, a group of people loyal to a particular candidate capture a polling booth and stuff ballot boxes with votes for their candidate. The wide use of Electronic Voting Machine has led to a decline in booth capturing.

Vote bank politics: When candidates seek the support of people belonging only to particular castes or religions. These caste or religious groups may be either majorities or minorities. It is not legally wrong, but it tears communities apart, and real issues end up ignored.

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EMERGENCY PROVISIONS

According to the Indian Constitution, there are three circumstances in which an emergency may be proclaimed:

(1) National Emergency: in times of war or armed rebellion, (2) State Emergency: in times of breakdown of constitutional machinery in the states, and (3) Financial Emergency: when there is a financial crisis in the government.

NATIONAL EMERGENCY

Grounds: The President may make a Proclamation of national emergency when the security of the country is threatened by armed rebellion, war, or external aggression. The Proclamation may be made for the whole of India or any part of India.

Method: The Proclamation is made on the advice of the Prime Minister and his Council of Ministers.

The Proclamation will lapse within one month, unless it is extended by a resolution of Parliament. With the approval of Parliament, the emergency can be extended for six months. The resolution should be passed by a 2/3rd majority of those present and voting, and this should not be less than 50% of the total membership of each house.

Revocation: A Proclamation of emergency can be revoked if the Lok Sabha passes a resolution disapproving it.

Effects:

(1) Extension of the centre's executive power. The centre, in the name of the President, can give directions to the state on the exercise of its executive powers during an emergency.

(2) Extension of Parliament's power to make laws on State subjects. During an emergency, the Parliament can make laws on subjects in the state list. The state laws will be overridden by Parliaments' laws.

(3) Change in the distribution of financial resources between centre and state. The President may alter the distribution of revenue between the centre and state during an emergency. This order has to be approved by the Parliament.

(4) Extension of life of Lok Sabha. The President, during an emergency, may extend the life of the Lok Sabha by one year at a time. However, this should not be for more than six months after the emergency is over.

(5) Suspension of fundamental rights. Article 19 is suspended automatically as soon as an emergency due to war or external aggression is proclaimed. The President may also suspend the right to move the court for the enforcement of fundamental rights

STATE EMERGENCY - FAILURE OF CONSTITUTIONAL MACHINERY

The President may proclaim an emergency in a state of India when the Governor of a state reports to him that the government of the state cannot be carried on in accordance with the constitution, or when he is satisfied that such a condition exists.

A proclamation of emergency under these grounds will be valid for two months. If it is laid before each house of Parliament and passed by a special majority, it can be extended for six months. However, it cannot be extended for more than three years altogether.

A proclamation of emergency under these grounds has the following effects:

(1) The President may assume the powers of the Governor of the state. Parliament may authorize the President to delegate these powers to any other body specified.

(2) The President may declare that the powers of the state legislature shall be exercised by the Parliament. Parliament may give the President the power to make laws for the state.

(3) The President may make other provisions which are necessary for the emergency. He may authorize expenditure from the Consolidated Fund of India if the Lok Sabha is not in session, pending its sanction.

FINANCIAL EMERGENCY

When the financial stability or credit of India or of any part of India is under threat, the President may proclaim a financial emergency.

The proclamation of emergency will be in effect for two months.

During a financial emergency the centre may give directions to the state government about financial matters so that financial stability is preserved. This may include, for example, reduction of salaries of judges of the High or Supreme Court; or preserving all money bills for the consideration of the President.
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LOCAL GOVERNMENT
Parts IX and IX-A of the Constitution concern local self government.

Part IX was added to the Constitution by the 73rd amendment (Panchayati Raj Amendment Act) in 1992, and Part IX-A by the 74th amendment (Nagarpalika Amendment Act), also in 1992.

The Balwantrai Mehta Committee in 1957 had recommended that all development and welfare work should be carried out by institutions at local level. Later, in 1977, the Ashok Mehta committee suggested a framewok for local self government. These recommendations were accepted and the government tried to put into place a system of Panchayati Raj. However, this was done through the state government and there was a lot of diversity in the country in how Panchayats were organized.

It was to deal with these differences, and to lay down certain common principles, that the 73rd and 74th amendments were passed. The following were the main provisions of the Acts.

The Panchayati Raj system, as well as the system of urban self-government, have been set up to enable every citizen to have a say in the government. It makes democracy real at the grassroots level.

PANCHAYATI RAJ

The Constitution provides for a three-tier Panchayati Raj system in the village, intermediate, and district levels.

At the village level, there are two main bodies in the Panchayati Raj: the Gram Sabha and the Gram Panchayat.

Gram Sabha

The Gram Sabha consists of all persons registered as voters in the village electoral roll. It meets once or twice a year.

The functions of the Gram Sabha includes (1) considering the annual accounts statement, audit reports, and administrative reports and (2) considering taxation proposals, schemes for development and voluntary work, etc. Through this, it is supposed to control the work of the Gram Panchayat.

Gram Panchayat

Gram Panchayats from the 'executive' part of the village Panchayati Raj.

The Gram Panchayat is elected by the Gram Sabha, and may have between five and 40 members. It is led by the Sarpanch.

The Gram Panchayats have a tenure of 5 years. Members are elected directly from territorial constituencies. The minimum age is 21 years. Elections are to be held at the end of every five years. Elections to Panchayats are conducted by the State Election Commission.

In every Panchayat, seats shall be reserved for the Scheduled Castes and Scheduled Tribes, according to their percentage in the population. Out of these seats, 1/3rd shall be reserved for women from the Scheduled Castes and Tribes.

Including these reservations for women from the Scheduled Caste and Tribe communities, an overall 1/3rd should be reserved for women.

The offices of the Chairpersons of the Panchayats in a particular state shall also be reserved for Scheduled Caste and Tribe candidates, according to their percentage of the population. One third of the Chairpersons of Panchayats in a state should be women.

Powers and responsibilities of the Gram Panchayat

(1) Making rules and regulations.

(2) Preparing and implementing schemes for development. This includes matters included in the 11th Schedule, which are related to agriculture, land reforms, irrigation and water management, animal husbandry, forestry, small scale industries, housing, drinking water, fuel and fodder,

roads, electricity, poverty alleviation, education, health, women and children, public distribution, etc.

(3) Imposing taxes and collecting funds. According to the laws of the state, a Panchayat may collect taxes, duties, tolls, and fees. It may also receive grants-in-aid from the State government. It can acquire and dispose of property.

Gram Cutchery (The Village Judiciary)

Every Gram Panchayat establishes a gram cutchery to perform the judicial functions in that area. The sarpanch and a few others elected or nominated by the Gram Panchayat are members of the cutchery. They are appointed for a period of five years.

The Gram Cutchery can recieve suits and call for the appearance of parties and witnesses. It tries to bring about settlement of issues through mediation and discussion. In case of minor crimes, it can give punishments of up to imprisonment for a month and a fine of Rs. 100.

A person may appeal against the decision of the gram cutchery to the district sub-divisional magistrate or the munsif.

Panchayat Samiti (Panchayat Union)

The Panchayati Samiti is the intermediate level body, and exists at the block or taluk level.

Generally, all heads of the Gram Panchayats (Sarpanch) of that area are members of the Panchayat Samiti. It may also have indirectly or directly entered members. Members of the Lok Sabha or State Legislative Assembly elected from constituencies in the area, or members of the Rajya Sabha or the State Legislative Council registered as voters in that area, may also be members.

It functions include:

(1) control and supervision of village panchayats. It checks and sanctions the panchayat budgets, for example.

(2) administering development plans. This includes agriculture, irrigation, primary education, and industries.

It receives aid from the state government and can also impose and collect taxes and fees for revenue.

Zilla Parishad (District Panchayat)

This is the body at the district level.

Its members include the heads of the Panchayat Samitis and also sometimes other elected members. Members of Parliament or of the Legislative Assembly of that area are also often members. There are also reservations for members of the Scheduled Castes, Scheduled Tribes, besides the one-third reservation for women.

Functions of the Zilla Parishad include

(1) supervising and coordinate the work of the Panchayat Samitis.

(2) planning and administering development schemes for the area, and advising the state government on matters concerning the area. This includes setting up institutions for secondary education, vocational education, etc.

The Zilla Parishads receive grants-in-aid from state governments. They also can levy some taxes and fees for their income.

THE DISTRICT COLLECTOR

This District Collector is a member of the Indian Administrative Service. He is recruited and trained by the Central Government, but works under the supervision of the state governments. He therefore links the central government to local government.

In some states he is the chairman of the Zilla Parishad and/or the District Planning Committee, in others he is a member.

His powers and responsibilities include:

(1) In emergency situations, to suspend or prohibit resolutions of the Zilla Parishad and other panchayati raj bodies. In certain states, he has the power remove the office bearers of the panchayat.

(2) To inspect, supervise, and direct the execution of work of the Panchayati Raj bodies. This is so especially if it concerns public safety.

MUNICIPALITIES

The constitution provides for the establishment of three kinds of municipal corporations for urban areas:

(1) a Nagar Panchayat for a transitional area (between a rural and urban area), (2) a Municipal Council for a smaller urban area, and (3) a Municipal Corporation for a larger urban area.

Municipalities refer to both municipal councils and municipal corporations.

If municipal facilities in a particular area are provided by an industrial establishment of that area, the area may be declared to be an industrial township.

Areas where the armed forces reside or are stationed are called cantonments. Municipal services in these areas are provided by Cantonment Boards. Its members are nominated by the armed forces and its chairman is nominated by the Governor.

Big port areas are managed by Port Trusts. Its chairman is appointed by the Government, but its members include those elected by the corporation or municipality of the area, the commercial organizations using the port, and others nominated by the government. The Port Trust manages the facilities available for ships in the port area, and earns from fees charged for warehouses, loading and unloading, etc.

Composition of Municipalities. All seats in a Municipality are filled by persons chosen by direct election from territorial constituencies (wards). Members of the Lok Sabha or State Legislative Assembly elected from that area, and members of the Rajya Sabha or State Legislative Council registered as voters in that area, may also be members. Members should be more than 21 years of age.

The municipality may also have ward committees representing one or more wards, if the population of that area exceeds 3,00,000.

Seats are reserved for Scheduled Castes and Tribes within a municipality depending on their percentage in the population. One-third of seats should also be reserved for women.

The office of the Chairperson of the Municipality may also be reserved for Scheduled Castes, Scheduled Tribes, and Women.

The chairperson of a municipal corporation is called the mayor. The mayor is usually elected in a municipal corporation, though he may be appointed in nagar panchayats and in municipal councils. The mayor presides over the meetings of the corporation and serves as its chief executive officer.

Term. A Municipality is elected for 5 years. It may be dissolved earlier.

Powers and Responsibilities.

According to the provisions made by laws in the state, a municipality has to

(1) prepare plans for economic development and social justice and implement schemes entrusted to them.

(2) carry out responsibilities included in the Twelfth Schedule: town planning, regulation of use of land, roads and bridges, water supply, public health and sanitation, waste management, fire services, protection of the environment, special provisions for the disabled, slum improvement, burial grounds, registration of vital statistics, electricity, parks, gardens, educational and cultural institutions etc.

The state legislature may also

(3) empower a municipality to collect taxes, tolls, and fees.

(4) provide for grants-in-aid or other funds to the municipality.

DISTRICT PLANNING COMMITTEE

Panchayats and municipalities in a district may also elect members to the District Planning Committee.

The main function of a District Planning Committee is to coordinate the plans of the municipalities and panchayats and to prepare a draft development plan for the district as a whole. The Committee especially deals with the sharing of water, space, and other natural, infrastructural, and financial resources.

There are also District Development Councils, and Development Committees for the block/taluka levels. This committee includes the Collector, people elected from the district/block to the state legislative committees, municipalities, panchayats and other local government bodies, and representatives of cooperatives, non-governmental organizations, and educational institutions.

The Councils make developmental plans for the block/district level in coordination with the central governments five year plans, and are responsible for implementing and evaluating them.

METROPOLITAN PLANNING COMMITTEE

Areas of a population of 10,00,000 or more, comprising many municipalities and panchayats, and lying between two or more districts have a Metropolitan Planning Committee. The Metropolitan Planning Committee has representatives from the municipalities and panchayats in a particular area.

The function of a Metropolitan Planning Committee is to coordinate the plans of the panchayats and municipalities in the area, especially regarding sharing of space, water, other natural, financial, and infrastructural resources.

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GOVERNMENT IN THE STATES

THE STATE EXECUTIVE

States also have a parliamentary form of government with the executive head being a nominal constitutional head and acting according to the advice of the Council of Ministers.

THE GOVERNOR

The Governor is the constitutional and executive head of the government in the states. Each state has a governor.

Appointment. The Governor is appointed by the President.

Qualifications. (1) He should be a citizen of India, (2) at least 35 years of age, and (3) not a member of Parliament or of any state Legislative Assembly.

Tenure and removal. A Governor holds office for 5 years. He can be removed by the President on the advice of the Cabinet.

Powers

(1) Executive powers. The Governor is the executive head of the state. All orders of the state government and executive actions are made in the name of the Governor. He appoints the Council of Ministers and other high functionaries of the state government. He can also make rules for convenient transaction of the business of the state.

(2) Financial powers. The Governor has to recommend the introduction of a money bill and demand for grants in the legislature. He causes the annual budget to be laid before the legislature.

(3) Legislative powers. The Governor summons, prorogues, and dissolves the houses of the legislature. He nominates 1/6th of the members of the legislative council. No bill can become a law without his assent. He can reserve bills for the assent of the President.

He can also make ordinances when the legislature is not in session. When the legislature meets again, it needs to approve the ordinance within six weeks - otherwise the ordinance lapses.

(4) Pardoning power. The governor can grant a pardon, reprieve, respite or remission of punishment of people convicted of crime.

The Governor and the Council. In most matters, the Governor acts on the advice of the Chief Minister and his Council.

However, the Constitution does give the governor some discretionary power.

(1) He usually exercises this in situations when the ruling party has lost its majority, or there is no clear majority party in the legislative assembly. In such cases, he has discretionary power in (a) appointment of the Chief Minister, (b) dismissal of a Ministry, and (c) dissolution of the legislative assembly.

(2) In situations of law and order problems, or breakdown of constitutional machinery, the Governor also has the discretion to advice the President for the proclamation of an emergency.

(3) In the tribal or special areas, or when the Governor is appointed administrator of aUnion Territory.

In these matters, the Governor acts under the control of the President.

THE COUNCIL OF MINISTERS

The Constitution states that there shall be a Council of Ministers with a Chief Minister at its head to aid and advice the Governor in the exercise of his functions.

The Council of Ministers of the state are appointed by the Governor on the advice of the Chief Minister. They are collectively responsible to the lower house of the state.

Qualifications. The members of the Council should be members of the legislative body of the state. The total size of the Council should not be more than 15% of the total membership of the legislative assembly of that state. If a person has defected from his party he cannot be appointed as a minister.

Removal. Ministers can be dismissed by the Governor on the advice of the Chief Minister.

THE CHIEF MINISTER

The Chief Minister is appointed by the Governor.

Functions. According to the Constitution, the Chief Minister (1) communicates the decisions of the Council of Ministers to the Government; (2) furnishes such information the Governor may ask for; and (3) if the Governor wants, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by an individual minister.

However, the Chief Minister and his Council of Ministers are the ones who exercise the real executive power in the state government.

THE STATE LEGISLATURE

There is a legislature in every state. The legislature of a state consists of the Governor and the house or houses of legislature.

Bihar, Maharashtra, Karnataka and Uttar Pradesh have bicameral legislatures (with two houses). Other states have unicameral legislatures (with a single house)

LEGISLATIVE ASSEMBLY (VIDHAN SABHA)

This is the directly elected house of the state legislature.

Membership. This can be from 60 to 500.

Members are elected directly through universal adult suffrage from territorial constituencies in the state.

There are reservations for Scheduled Castes and Tribes on the basis of their proportion in the population, and the governor may also appoint Anglo-Indians if they are not represented.

Tenure. Normally, the tenure is 5 years. But it may be dissolved earlier. Also, during an emergency, its life may be extended by an act of Parliament one year at a time.

LEGISLATIVE COUNCIL (VIDHAN PARISHAD)

Membership. This should not exceed 1/3rd of the membership of the Legislative Assembly, subject to a minimum of 40.

1/3rd are to be elected by the members of the Legislative Assembly from non-members. 1/3rd are to be elected by municipalities, district boards, and other local authorities; 1/12th are to be elected by graduates residing in the state. 1/12rd are to be elected by teachers (of institutions of at least secondary school level) of at least three years' experience. 1/6th are nominated by the Governor from prominent people in the states. Tenure. A member is elected for 6 years. The Legislative Council cannot be dissolved, but 1/3rd of its members retire every two years.

Qualifications. Members of the Legislative Council as well as Legislative Assembly should be: (1) citizens of India, and (2) at least 25 years old for the Legislative Assembly, and 30 years for the Council.

Disqualifications include (1) holding an office of profit under the central or state governments, (2) having an unsound mind or (3) being an undischarged insolvent.

Sessions. According to the constitution, the Governor summons the state legislature to meet at a suitable time and place, but the gap between two sessions should not be more than 6 months.

The Governor also has the right to dissolve the Legislative Assembly.

Speaker and Deputy Speaker. The Speaker is the presiding officer of the Legislative Assembly. The Deputy Speaker presides on the absence of the Speaker.

Both the Speaker and Deputy Speaker are elected from among the members of the Assembly. They can be removed by passing a resolution supported by the majority of the members in the assembly.

Their functions and powers are similar to those of the Speaker of the Lok Sabha.

Chairman and Deputy Chairman. The Chairman is the presiding officer of the Legislative Council, and in his absence, the Deputy Chairman.

They are both elected from among the members of the Assembly.

Their powers and functions are similar to those of the Chairman of the Rajya Sabha in the centre.

Legislative Procedure. This is similar to the Parliamentary procedure, except that the decision of the Legislative Assembly prevails for all bills. If the Council votes against a bill, it will only be temporarily suspended.

The Governors assent is needed for a bill to become law. The Governor may (1) assent to the bill; (2) return it for reconsideration; or (3) reserve it for the consideration of the President.

In case of (2), the state legislature needs to consider the concerns of the Governor. However, if the bill is passed again, the governor should either assent to the bill or reserve it for the Presidents consideration.

In case of (3), the President may (a) assent to the bill; (b) withhold his assent, or (c) return it with suggestions. If the bill is passed again by the state legislature, it sent again to the President.

The language used shall be the official language(s) of the state, or English, or Hindi.

THE STATE JUDICIARY

The state judiciary consists of the High Court and the other courts subordinate to it.

Constitution. Each High Court consists of a Chief Justice and a number of other judges.

The judges of the High Court are appointed by the President in consultation with the Chief Justice of India and the Governor of the state concerned. The President may also transfer a judge from one high court to another.

Qualifications. A person to be appointed as a High Court judge should be (1) a citizen ofIndia, (2) must have held a judicial office for at least 10 years, or (3) must have been an advocate of the High Court for at least ten years.

Term: A judge of the High Court holds office till he is 62 years old. A judge may be removed from his post in the same way and for the same reasons as a judge of the Supreme Court.

A person who has held the office of a judge of the High Court cannot practice as a lawyer in any court other than the Supreme Court and other High Courts after retirement.

Powers and Jurisdiction of the High Court

(1) The High Court is a court of record and has all related powers, such as the power to punish for contempt of itself.

(2) The High Court has power of superintendence of all lower courts, including nonmilitary tribunals. The High Court can

make rules for conducting the business of these courts and the fees to be given to their employees. withdraw cases from lower courts to itself if they involve interpretation of the constitution. advise the Governor on the appointment, posting, and promotion of district judges. (3) It can issue orders of writs for enforcement of fundamental rights or any other purpose. These writs include the habeas corpus, mandamus, certiorari, prohibition, and quo warranto.

RELATIONS BETWEEN THE CENTRE AND STATES

In a federal government, powers are divided between the centre and the state by the constitution itself, rather than by any law passed by the centre. India, therefore, is a federal country (India has a dual polity)

While India is a federal country, the distribution of power tends to favour the centre. Some scholars therefore call India a 'quasifederal' state.

LEGISLATIVE RELATIONS

(1) With respect to territory

According to our Constitution, Parliament may make laws for the whole or any part of the country, and the legislature of a state may make laws for the whole or any part of the state.

(2) With respect to subject matter

The Constitution divides powers of making laws on different subjects between theUnion, the states and the concurrent lists.

The Union List contains the subjects on which the Union alone can make laws. Included here are defence, foreign affairs, banking, currency and coinage, and union taxes.

The State List contains the subjects on which the state governments legislate. Included here are public order, police, local government, public health and sanitation, agriculture, forest and fishers.

The Concurrent List contains subjects on which both the central and state governments can make laws. In case of conflict between the two, the central laws will prevail. Included here are subjects like education and environment.

The residuary powers, in our constitution, are vested with Parliament. In case of national interest, emergencies, for giving effect to international treaties, or with the consent of the states, Parliament may make laws on subjects in the state list.

ADMINISTRATIVE RELATIONS

The power of administration of the country is divided between the central and state governments. However, in order to promote coordination between the two, the Indian Constitution gives supervisory powers to the Union government.

The executive of the state has to follow the Union laws, and should not impede the exercise of executive power of the Union government.

In normal times, the Union exercises control over the state governments through the power of giving directions to the state governments. This is especially concerning the means of transport and communication. delegating the Union's functions to the state. The state government machinery can be used to implement Union laws.

all-India services. Parliament can by law create all-India services. The officers of the all-India services are recruited by the Union, and they coordinate the implementation of Union policies all over India. grants-in-aid. These are given from the Union to the state governments for welfare schemes administered by the state governments.

The Constitution also empowers Parliament to make laws for the settlement of water disputes. Under this power, the Water Disputes Tribunal has been set up to handle disputes relating to water between different states.

The Constitution also provides for an Inter-State Council. The Prime Minister, 6 cabinet ministers, and all Chief Ministers are members of this council. It deals with disputes between the states on any matter, and discusses and makes recommendations on issues of common interest.

FINANCIAL RELATIONS

Because control of finances is important, the Constitution divides the resources of the Indian state equitably between the Union and the States.

(1) The power to impose tax by passing laws is divided between the centre and the states.

There is a State List of taxes, over which the states have complete control. For example: land revenue, stamp duty, succession duty, estate duty, income tax on agricultural land, sales tax, tolls, etc.

The Union government is entitled to the proceeds of the Union List of taxes: customs, corporation tax, etc.

(2) The union government may provide grants-in-aid to the state government, especially for welfare schemes of the state government.

(3) A Finance Commission is established every five years. It consists of a Chairman and four other members appointed by the President. The Commission makes recommendations to the President on matters such as the distribution of revenue from the taxes between the centre and the states, grants-inaid, and other matters of sound finance.