UPSC IAS :: Review Notes :: General Studies :: Indian Polity #1
Constitutional evolution under British rule
1. Regulating Act 1773
o beginning of British parliamentary control over the East India Company o subordination of the presidencies of Bombay and Madras to Bengal o Governor of Bengal made Governal-General
o council of Governor-General established o Supreme Court established in Calcutta 2. Pitt’s India Act 1784
o commercial and political activities of the Company separated o established a board of control over the Company
3. Charter Act 1813
o trade monopoly of the Company abolished o missionaries allowed to preach in India 4. Charter Act 1833
o Governor-General of Bengal becomes Governor-General of India o first Governor-General Lord William Bentick
o ends commercial activities of the Company 5. Charter Act 1853
o legislative and executive functions of the Governor-General’s council separated o open competition for Indian Civil Services established
6. Indian Council Act 1861
o establishes legislative councils at the centre, presidencies and provinces o Governor-General’s executive council to have Indians as non-official members o restores legislative power to Bombay and Madras presidencies
o recognises portfolio system of governance 7. Indian Council Act 1892
o introduces indirect elections
o enlarges the function of legislative councils giving the power to discuss the budget and address questions to the executive
o enlarges the size of the legislative councils 8. Government of India Act 1898
o administration taken over directly by the British crown o office of the Governor-General replaced by the Viceroy o first Viceroy is Lord Canning
9. Indian Council Act 1909 (Minto-Morley Reforms)
o changed name of Central Legislative Council to Imperial Legislative Council
o increased the non-official members in the Imperial and Provincial legislative councils
o non-official members hold majority in the provincial legislative councils, but official members hold majority in the central
o appointed Indians to the Viceroy’s Executive Council and provincial executive councils o established separate electorate for Muslims
10. Government of India Act 1909 (Montagu-Chelmsford Reforms) o classified government subjects into central and provincial o established dyarchy in the provinces
o provincial subjects divided into Reserved and Transferred. Reserved subjects administered by the Governor, Transferred subjects by Indian ministers
o central legislature covered all central subjects and some provincial subjects
o all bills of the legislatures required Governor-General’s assent, while the Governor-General could enact bills without assent from legislatures
o established the Public Service Commission 11. Government of India Act 1935
o provided for the establishment of a Federation of India consisting of the Provinces and Princely States o dyarchy withdrawn from the provinces and established at the Centre. Introduced ‘provincial autonomy’ o introduced direct elections
o proposed the Federal Legislature to be bicameral
o administrative subjects divided into Federal, Provincial and Concurrent o reserved subjects at the Centre to be administered by the Governor-General o Governor-General to be assisted by a Council of Ministers
o provided for the establishment of a Federal Court with original, appellate and advisory jurisdiction. Appeals from the Federal Court went to the Privy Council in London
o Burma and Aden separated from India 12. Indian Independence Act 1947
o sovereignty and responsibility of the British Parliament for India abolished o Governor-General and provincial Governors become constitutional heads o the British crown ceases to be the source of authority
The Constituent Assembly (1946 – 1950)
o first met on 09 Dec 1946
o consisted of 389 members. 292 were elected from the Provinces, 93 were nominated by the Princely States, and 4 were nominated from the Chief Commissioners Provinces
o Dr. Sachidananda Sinha was the first President of the Constituent Assembly
o The Preamble of the Constitution was a modification of the ‘Objective Resolution’ introduced Jawarharlal Nehru o The Assembly appointed 22 committees
o The most important of these committees was the Drafting Committee, set up in Aug 1947 o The Drafting Committee had 7 members. B.R. Ambedkar was its Chairman
o The Drafting Committee published the Draft Constitution in Feb 1948, which was adopted on 26 Nov 1949 o The Constitution came into effect on 26 Jan 1950. However, certain provisions regarding citizenship, elections,
provisional parliament and presidential election procedures came into effect earlier, on 26 Nov 1949. o 26 Jan was chosen in significance of the informal ‘Independence Day’ observed in 1930
o The term of the Constituent Assembly ended on 24 Jan 1950. However, it re-emerged as the Provisional Parliament on 26 Jan 1950, and remained so until the first Lok Sabha elections
o The President of the Constituent Assembly, Rajendra Prasad, became the first President of India o Gandhi and Jinnah were not members of the Constituent Assembly
Indian Polity #2 | Study Material :: General Studies | IAS Help
STRUCTURE OF THE CONSTITUTION Preamble to the Constitution
o Defines the basic structure and spirit of the Constitution
o Serves as a guiding tool for the interpretation of the Constitution o Does not bestow any rights
o The words Socialist and Secular were added to the Preamble by the 42nd Amendment 1976 (during the Emergency)
Parts of the Constitution
Parts are individual chapters in the Constitution, each focused on a particular field of law. Each Part contains articles that address the issues in question. There are 24 Parts to the Constitution.
Part Focus Articl
e Deals with
I The Union and its Territory
1 2 3
Name and territory of Union Admission of new states
Creation of new states, alteration of existing
II Citizenship
5 6 9
Citizenship at the commencement of the Constitution
Citizenship of migrants from Pakistan Persons acquiring foreign citizenship not to be
III Fundamental Rights 12 14 15 17 23 24 26 29 Definition Equality before law Prohibition of discrimination
Abolition of untouchability
Prohibition of human trafficking and forced labour Prohibition of child labour
Freedom to manage religious affairs Protection of minority interests
IV Directive Principles and Fundamental Duties
40 41 42 44 45 46 49 50
Organisation of village panchayats Right to work, education and public assistance
Humane work conditions and maternity relief Uniform civil code
Free and compulsory education for children Promote interests of SC/ST, other weaker sections
Protection of monuments/places of national importance
Separation of judiciary from executive
V The Union 52-62 63-69 74 76 80 81 84 89 93 107 108 124 125 127 President of India Vice-President of India Council of Ministers Attorney-General for India Composition of the Council of States Composition of the House of the People Qualification for membership to Parliament Chairman & Deputy Chairman of the Council of
States
Speaker & Deputy Speaker of the House of the People
Provisions for the introduction and passing of bills Joint sitting of both houses
Establishment and constitution of the Supreme Court
Appointment of the Chief Justice Appointment of additional judges
VI The States
153-160
163
Governor of the state Council of Ministers
170 171 173 214 223 224 225 235
Composition of the Legislative Councils Qualification for membership to state legislature
High Courts
Appointment of the Chief Justice Appointment of additional judges
Jurisdiction of the High Courts Control over subordinate courts
VIII Union Territories
239 239A 239A
A 241
Administration of Union Territories Legislatures for certain UTs (esp. Pondicherry)
Special Provisions for NCT Delhi High Courts for UTs
IX Panchayat and Municipalities
243A 243B 243G
Gram Sabha Composition of Panchayats Authority and responsibility of Panchayats
XI Relation b/w the Union and States
244-255 256-261 262 263
Distribution of legislative powers Administrative relations Disputes relating to water Co-ordination between states
XII Finance
268-281
300A
Distribution of revenue b/w Union and states Right to property XV Elections 324-329 XVII Languages 343-344 345-347 348-349
Official languages of the Union Language of the states
Schedules of the Constitution
Schedules are lists in the Constitution that categorized by bureaucratic activity of government. They refer to Articles and hence overlap with Parts of the Constitution.
Schedule Focus Sched
ule Focus
First States and Union Territories Sevent
h Union, State and Concurrent list Second Emoluments of higher level officials Eighth Official languages Third Forms of Oaths Ninth Land reform, accession of Sikkim
Fourth Allocation of seats in the Rajya Sabha Tenth Anti-defection provisions for MPs and MLAs
Fifth Administration of Scheduled Areas and STs Eleventh Rural development
Sixth Administration of tribal areas in Assam Twelfth Urban planning
MODIFYING THE CONSTITUTION Amendments to the Constitution
o Allowed by Article 368 of the Constitution o Amendments can happen in three ways
o Simple majority of Parliament o Special majority of Parliament
o Special majority of Parliament and ratification by at least half of the state legislatures by a special majority o Indian Constitution is the most frequently amended governing document in the world
o Supreme Court struck down two amendments for violation of basic structure of Constitution o 39th
Amendment: election of Executive beyond scrutiny of courts, 1975 (during Emergency)
o Parts of 42nd Amendment: reduced power of Supreme Court and High Courts to judge constitutionality of laws, 1976 (during Emergency)
o There have been a total of 94 amendments, as of 2009 Important of Amendments to the Constitution
For a full list of Amendments, see here. Amendment
no.
Enacte
d Objectives
1 June o Secure validity for zamindari abolition laws o Place restrictions on freedom of speech
1951 o Protect laws contrary to fundamental rights o
7 1956 Nov o o Reorganize states on linguistic lines Introduce Union Territories o
12 1961 Dec o Incorporate Goa, Daman and Diu as UTs following acquisition from Portugal o
13 1963 Dec o Formation of Nagaland
o
14 1962 Dec o o Incorporate Pondicherry into India
Create Legislative Assemblies for HP, Tripura, Manipur, Goa o
22 1969 Sep o Form autonomous states within the State of Assam o
23 1970 Jan o Extend reservation for SC/STs and nomination of Anglo Indians for another 10 years (up to 1980)
o
26 1971 Dec o Abolition of privy purse paid to former rulers of princely states o
28 1972 Aug o Rationalize Civil Service rules
o
31 1973 Oct o Increase size of Parliament from 525 to 545 o Increased seats go to newly formed states in NE o
36 1975 Apr o Incorporation of Sikkim within the Indian Union o
45 1980 Jan o Extend reservation for SC/STs for another 10 years (i.e. up to 1990) o
1985 o
61 1989 Mar o Lower voting age from 21 to 18
o
69 1992 Feb o Provide for legislative assembly for NCT Delhi o Delhi continues to be a UT
o
70 1991 Dec o Include NCT Delhi and Pondicherry in the electoral college for Presidential election
o
71 1992 Aug o Include Konkani, Manipuri, Nepali as National Languages o
79 2000 Jan o Extend reservation for SC/STs for another 10 years (i.e. up to 2010) o
86 2002 Dec o Provide right to education until the age of 14 o Provide early childhood care until the age of 6 o
90 2003 Sep o Reservation in Assam Assembly relating to Bodoland Territory Area o
91 2004 Jan o Restrict cabinet size to 15% of legislative members o Strengthen anti-defection laws
o
93 2006 Jan o Reservation for OBCs in government and private educational institutions
THE PRESIDENT OF INDIA ELECTION OF THE PRESIDENT Qualifications of the President o Must be a citizen of India o Must be 35 years or older
o Must be qualified to be a member of the Lok Sabha, but should not be a member o Must not hold an office of profit under the Central or State or local governments o The name of the candidate must be proposed and seconded by at least 50 electors
material, general studies, Indian polity Conditions of service
o Holds office for 5 years
o Is elected indirectly by an electoral college consisting of o Elected members of both Houses of Parliament
o Elected members of State Assemblies in accordance with proportional representation
o The value of the vote of an MLA differs from state to state in order to give equality of representation o Eligible for immediate re-election
o Resignation must be addressed to the Speaker of the Lok Sabha
o Oath of affirmation is administered by the Chief Justice of India. In the CJI’s absence, the senior most available judge of the SC administers the oath.
o The President can be impeached for violation of the constitution. Impeachment can be initiated by either House of Parliament. Requires a 2/3rd majority to pass.
o If the office of the President falls vacant, the Vice President takes over. If the VP is not available, the CJI acts as President. If he is also not available, the senior most available judge of the SC acts as President. The acting President enjoys all powers of a regular President
o Fresh elections to the office of President must be held within 6 months of vacancy o All election disputes are decided by the Supreme Court
study material, general studies, Indian polity POWERS OF THE PRESIDENT
1. Administrative powers
1. All executive actions of the Union Government are carried out under the name of the President 2. Appoints senior officials like the Prime Minister, CJI, CAG, AG etc
3. Directly controls the administration of the Union Territories 2. Legislative Powers
1. Nominates 12 distinguished public figures to the Rajya Sabha and 2 Anglo-Indians to the Lok Sabha 2. Can summon and prorogue sessions of both Houses
3. Can dissolve the Lok Sabha (but not the Rajya Sabha)
4. All bills must receive the President’s assent before they become law
5. Enjoys suspensive veto power that can be applied to non-money bills. No veto power on Constitutional Amendment Bills
6. Can enact ordinances on Union and Concurrent List subjects. Can issue ordinances on State subjects, only if the state is under President’s Rule
3. Financial Powers
1. All money bills can originate in the Lok Sabha only on the recommendation of the President 2. Controls the Contingency Fund of India
3. Appoints a Finance Commission every 5 years to recommend tax distribution between the Union and states 4. Judicial Powers
1. Can pardon or reprieve the sentence of anyone punished under Union law 2. Appoints the Chief Justice and other judges of the Supreme Court and High Courts 5. Emergency Powers
1. Can proclaim emergency after getting the recommendation of the Cabinet in writing 6. Military Powers
1. Appoints the Chiefs of the Army, Navy and Air Force 2. Enjoys the power to declare war and peace
7. Diplomatic Powers
1. Appoints Ambassadors to foreign countries and receives their diplomats
2. All international treaties are concluded on behalf of the President. However, these are subject to ratification by Parliament
8. President’s Rule
1. Can declare President’s Rule either on the advice of the Governor or on self discretion 2. Such a proclamation must be laid down before Parliament within two months
3. Cannot remain in force for more than one year
4. The concerned State Assembly can be dissolved or suspended
9. Discretionary Powers: The President almost always acts on the advice of the Council of Ministers except under the following circumstances
1. Appointment of a Prime Minister from among contenders when no single party has a majority in the Lok Sabha
2. A Council of Ministers is voted out/resigns and recommends dissolution of the Lok Sabha 3. While exercising a pocket veto
4. Disqualifying members of the Legislature
5. Return the advice of the Council of Ministers once for reconsideration 6. Return a Bill passed by the Parliament once for reconsideration
studies, Indian polity PRESIDENT’S RULE IN INDIA
o First imposed on Kerala, June 1951. In effect till April 1952
o Longest duration of President’s Rule was in Punjab May 1987 – Feb 1992 o Imposed maximum number of times on Kerala and Punjab (9 times each) o Minimum number of times on Maharashtra, Meghalaya and Arunachal Pradesh o Shortest duration of imposition was on Karnataka. Imposed for 7 days in Oct 1990
material, general studies, Indian polity THE PRESIDENT’S OF INDIA
President Tenure Notes
Dr. Rajendra Prasad Jun 1950 – May 1952
First President Longest tenure Dr. S. Radhakrishnan May 1962 – May
1967 Dr. Zakir Hussian May 1967 – May
1969
Shortest tenure Died in office V.V. Giri (Acting) May 1969 – July
1969 First Acting President Justice M Hidayatullah July 1969 – Aug
1969 Second Acting President V.V. Giri Aug 1969 – Aug
Fakhruddin Ali Ahmed Aug 1974 – Feb
1977 Died in office
B. D. Jatti (acting) Feb 1977 – July 1977
Neelam Sanjiva Reddy July 1982 – July 1987
Youngest President (64 years)
Elected unopposed Giani Zail Singh July 1982 – July
1987 R. Venkataraman July 1987 – July
1992 Oldest President (76 years) Dr. S.D. Sharma July 1992 – July
1997 K.R. Narayanan July 1997 – July
2002 Dr. APJ Abdul Kalam July 2002 – July
2007
Pratibha Patil July 2007 – present First female President
THE VICE-PRESIDENT OF INDIA Election of the Vice-President
o Is elected by all members of both Houses of Parliament in accordance with proportional representation o The name of the candidate must be proposed and seconded by at least 25 members
o All election disputes are decided by the Supreme Court o Holds office for 5 years. Is eligible for re-election o Oath of office administered by the President
material, general studies, Indian polity Powers and functions of the Vice-President
o Is the ex-officio Chairman of the Rajya Sabha, but is not a member of the same o Has no right to vote except in a tie
o All bills, resolutions, motions and questions in the Rajya Sabha can be taken up only with the consent of the VP o Acts as the chief spokesperson of the Rajya Sabha
o Functions as Acting President if required. Can do so for a maximum of 6 months, and then a new President must be elected
Indian Polity #4 | Study Material :: General Studies | IAS Help
COUNCIL OF MINISTERS Conditions of service
o It is composed of all Union Ministers – the Prime Minister, Cabinet Ministers, Ministers of State and Deputy Ministers
o The council is appointed by the President on the advice of the Prime Minister
o A Minister must be a member of either House of Parliament, or be elected within 6 months of assuming office Collective Responsibility
o The Council of Ministers is collectively responsible to the Lok Sabha
o A vote of no confidence even against a single Minister means the entire Council must resign
o Each Minister is also responsible for his department and can be removed from office by the President on the advice of the Prime Minister
Functions of the Council of Ministers
o Formulates policies of the country on the basis of which administration is carried out o Introduces all important Bills in Parliament and oversees their passage
o Presents the Budget to the Parliament o Determines foreign policy
o Approves international agreements and treaties
CATEGORIES OF MINISTERS o Cabinet Minister
o Senior minister in charge of a particular Ministry
o May hold additional charges of other Ministries (if no other Cabinet Minister is appointed) o Cabinet Ministers must belong to either House of Parliament
o Currently there are 33 Cabinet Ministers o Minister of State (Independent Charge)
o In charge of a particular portfolio
o Is not under the oversight of a Cabinet Minister o Currently there are 7 MoS with independent charge o Minister of State
o A minister with a specific responsibility in a particular Ministry o Reports to the concerned Cabinet Minister
o Currently there are 38 MoS THE PRIME MINISTER OF INDIA Overview
o The Prime Minister is the head of government and the head of the Council of Ministers o The PM is responsible for the discharge of functions and powers of the President
o The PM must be a member of either House of Parliament, or be elected within 6 months of taking office ELECTION TO OFFICE
Appointment
o The Prime Minister is appointed by the President on the basis of his being the leader of the majority party in the Lok Sabha
o If no party gets an absolute majority in the Lok Sabha or a PM resigns or dies, the President can use his own discretion in the choice of a Prime Minister
o If the person the President so appoints is not a member of the Lok Sabha, he must get himself elected within a period of 6 months
Conditions of service
o The Prime Minister serves in office for 5 years o He can be re-appointed
o When the Lok Sabha is dissolved, he can continue in office upon the request of the President o If the government is defeated in the Lok Sabha, the Prime Minister and entire cabinet must resign o However, if defeated in the Rajya Sabha, resignation is not obligatory
FUNCTIONS OF THE PRIME MINISTER 1. Legislative functions
2. The President convenes and prorogues sessions of Parliament in consultation with the PM 3. Can recommend dissolution of the Lok Sabha to the President
4. All members of the Cabinet are appointed by the President on the recommendation of the PM 2. Administrative functions
1. Acts as the chief channel of communication between the President and the Council of Ministers 2. Allocates portfolios among various ministers and shuffles them
3. Presides over meetings of the Council of Ministers 4. Supervises the working of other Ministers
3. Executive functions
1. Represents the country internationally
2. Acts as the ex-officio Chairman of the Planning Commission
3. Has exclusive jurisdiction over the disposal of the PM’s National Relief Fund and the PM’s National Defence Fund
4. Advisory functions
1. Assists the President in the appointment of all high officials 2. Recommends to the President proclamation of emergency 3. Advices the President on the imposition of President’s Rule
LIST OF PRIME MINISTERS OF INDIA
No. Prime Minister Date Notes
1 Jawaharlal
Nehru 1947 – 1964
First Prime Minister First to die in office
Longest tenure 2 Guzari Lal Nanda May 1964 – Jun
1964 First and only “acting” PM 3 Lal Bahadur
Shastri
Jun 1964 – Jan
1966 First PM to die abroad during official tour 4 Guzari Lal Nanda Jan 1966 – Jan
1966 5 Indira Gandhi Jan 1966 – Mar
1967
First woman PM First PM to lose an election 6 Moraji Desai Mar 1977 – Jul
1979
Oldest to become PM (81 years) First to resign from office 7 Charan Singh Jul 1979 – Jan 1980 Only PM that did not face Parliament 8 Indira Gandhi Jan 1980 – Oct
9 Rajiv Gandhi Oct 1984 – Dec
1989 Youngest to become PM (40 years) 10 VP Singh Dec 1989 – Nov
1990
First PM to resign after vote of no confidence
11 Chandra Shekar Nov 1990 – Jun 1991 12 Narasimha Rao Jun 1991 – May
1996 13 AB Vajpayee May 1996 – Jun
1996 Shortest tenure (13 days) 14 Deve Gowda Jun 1996 – Apr
1997 15 IK Gujral Apr 1997 – Mar
1998 16 AB Vajpayee Mar 1998 – May
2004 17 Manmohan
Singh
May 2004 – Present THE DEPUTY PRIME MINISTER
o It is not a constitutional post o Does not carry any specific powers
o Can chair meetings of the Cabinet in the absence of the PM, and take on the responsibility of the PM in case of the latter’s death
o India has had 7 Deputy Prime Ministers
o Sardar Vallabhai Patel was the first Deputy PM. He was also the Home Minister concurrently o The current government does not have a Deputy PM
Indian Polity #5 | Study Material :: General Studies | IAS Help THE PARLIAMENT OF INDIA
Overview
o The Parliament consists of the Rajya Sabha (Council of States), the Lok Sabha (House of the People) and the office of the President
o Any Bill can become an Act only after being passed by both Houses of Parliament
o The Parliament House was designed by British architects Sir Edwin Lutyens and Sir Herbert Baker in 1912-1913. It was opened in 1927 to house the Council of States, the Central Legislative Assembly and the Chamber of Princes
o The minimum age for membership to the Rajya Sabha is 30 years, while for the Lok Sabha it is 25 years o It shares legislative powers with the Lok Sabha, except in the case of supply Bills (like Money Bills) where the Lok
Sabha has overriding powers
o In the case of conflicting legislation, a joint sitting of the two Houses is held. However, since the Lok Sabha has more than twice as many members as the Rajya Sabha, it holds de facto veto power in such legislations o The Parliament has its own TV broadcasting stations launched in 2004: Doordarshan Rajya Sabha and
Doordarshan Lok Sabha (now known as Lok Sabha TV)
o When the Constitution of India came into effect on 26 Jan 1950, the Constituent Assembly became the Provisional Parliament of India. It remained so until the first elections in 1951
o The business of Parliament is transacted in either Hindi or English. However, the Presiding Officers of the two Houses may permit any member to address the House in his mother tongue
THE RAJYA SABHA (COUNCIL OF STATES) About the Rajya Sabha
o The Rajya Sabha is the Upper House of Parliament
o The Vice-President is the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman of the Rajya Sabha is elected from among members. He officiates in the absence of the Chairman
o The first sitting of the Rajya Sabha was held in May 1952
Membership to the Rajya Sabha
o The maximum permissible strength of the Rajya Sabha is 250. Of these 238 members are elected indirectly from the states and Union Territories, and 12 are nominated by the President for their expertise in art, literature, science and social services
o Currently, the strength of the Rajya Sabha is 245. Of these 233 are members elected from states and UTs and 12 are nominated members
o Members from state assemblies are elected using the Single Transferable Vote system
o The provision for nominated members is found in Article 80 of the Constitution
Tenure of the Rajya Sabha
o The Rajya Sabha is a continuous body and is not subject to dissolution o Members enjoy a tenure of six years
o One-third of the members retire every two years
Functions of the Rajya Sabha
o Acts as a non-partisan forum for full and free debates
o Can originate any Bill, including constitutional amendment Bills, except Money Bills o Re-evaluates Bills originating in the Lok Sabha in a non-political manner
o Relieves the work of the Lok Sabha in considering Private Bills (Bills that apply to specific individuals or organizations)
o Along with the Lok Sabha, votes on the election of President and Vice-President
o Along with the Lok Sabha, votes on the removal of judges of the Supreme Court and High Courts
o Along with the Lok Sabha, votes for the continued proclamation of Emergency beyond a period of two months o Acts as the sole de facto and de jure Parliament if the Lok Sabha is dissolved during an Emergency
THE LOK SABHA (HOUSE OF THE PEOPLE) About the Lok Sabha
o The current Lok Sabha is the 15th Lok Sabha to be constituted
o The first hour of every sitting of the Lok Sabha is called Question Hour, during which questions posed by members may be assigned to specific ministries
o Three sessions of the Lok Sabha are held every year: o Budget session: February to May
o Monsoon session: July to September o Winter session: November to December
Membership to the Lok Sabha
o The maximum permissible strength
of the Lok Sabha is 552. Of these, 530 are to be chosen by direct election, 20 are to be representatives of Union Territories, and 2 to be nominated Anglo-Indians
o Currently, the strength of the Lok Sabha is 545. Of these, 530 are chosen by direct election, 13 are from Union Territories, and 2 are nominated Anglo-Indians
Tenure of the Lok Sabha
o The Lok Sabha has a tenure of five years, unless dissolved earlier
o The tenure may be extended by a proclamation of Emergency. The Emergency may extend the term of the Lok Sabha in one year increments
Functions of the Lok Sabha
o The sanctioning of expenditure is the exclusive priviledge of the Lok Sabha o Can originate any Bill, including Money Bills
o Along with the Rajya Sabha, votes on the election of President and Vice-President
o Along with the Rajya Sabha, votes on the removal of judges of the Supreme Court and High Courts
o Along with the Rajya Sabha, votes for the continued proclamation of Emergency beyond a period of two months
SPEAKER OF THE LOK SABHA Terms of service
o As soon as a new Lok Sabha is constituted, the President appoints a Speaker Pro-Term, who is generally the senior-most member of the House. This office is dissolved when the Speaker is elected
o The Speaker is elected on the first meeting of the Lok Sabha after a General Election o He is elected for a term of 5 years
o The Speaker does not vacate office on the dissolution of the Lok Sabha. Instead, he continues in office until the next House meets
o The Speaker vacates his office and ceases to be a member of the House when he resigns or is removed o He may be removed by a majority resolution in the Lok Sabha
o The Constitution also provides for a
Deputy Speaker, to be elected from among the Lok Sabha. He officiates in the absence of the Speaker
Functions of the Speaker
o The Speaker is the presiding officer of the Lok Sabha. He is expected to be impartial o He maintains decorum and conducts the business of the House
o He decides whether a Bill is a Money Bill or not
o He permits the moving of various motions and resolutions such as motion of no confidence, motion of adjournment etc
o He decides the agenda for discussion during the meeting of the House o The Speaker can cast a vote only in the case of a tie
Important Speakers of the Lok Sabha
o GV Mavlankar was the first Speaker of the Lok Sabha (1952 – 1956) o MA Ayyangar was the first Deputy Speaker (1952 – 1956)
o Dr. Balram Jhakar was the longest serving Speaker (1980 – 1989)
FUNCTIONS OF PARLIAMENT
o The Parliament legislates on subjects in the Union and Concurrent Lists. It can also legislate on subjects in the State List if
o The Rajya Sabha passes a resolution saying it is in the national interest to do so and/or o The legislatures of two or more states recommend to Parliament to so legislate o The power to legislate on residuary subjects also vests with the Parliament o The Parliament (via the Lok Sabha) exercises control over Union finances
o The Parliament (via the Lok Sabha) exercises control over the functioning of the Executive o The Parliament is responsible for legislating on amendments to the Constitution
o The Parliament elects the Vice-President and can initiate impeachment proceedings against the President o It recommends the creation of All India Services, the removal of judges of the Supreme Court and High Courts o Parliamentary approval is essential for the continuance of a proclamation of Emergency made by the President
LEGISLATIVE PROCEDURES IN PARLIAMENT
1. Ordinary Bills: Ordinary Bills can originate in either House of Parliament and have to pass through the following stages before being sent for assent by the President
1. First Reading: a brief description of the Bill is read, and its aims and objectives announced. Opponents can also make a brief speech. After a vote, the Bill is published in the Gazette
2. Second Reading: the general principles of the Bill are discussed, and the Bill is sent to the appropriate committee for its reference.No amendments are possible at this stage
3. Committee Stage: the appropriate committee reviews the Bill and suggests amendments
4. Report Stage: the committee submits its report to the House, where it is thoroughly discussed. Amendments may be proposed. Voting is held on a clause-by-clause basis
5. Third Reading: general discussion of the Bill followed by formal voting for its acceptance or rejection. No amendments possible at this stage. After the Bill has been accepted, it is sent to the other House for a repeat procedure, and thereupon to the President for assent.
2. Money Bills: Money Bills can originate only in the Lok Sabha on the recommendation of the President. Since they deal with public finances, their passage is crucial to the functioning of government
1. After a Money Bill has been passed by the Lok Sabha, it is sent to the Rajya Sabha for deliberations 2. The Rajya Sabha is given 14 days to make recommendations
3. If the Rajya Sabha fails to make recommendations within this period, the Bill is considered to have passed both Houses and is sent to the President for assent
4. If the Rajya Sabha does make its recommendations, the Lok Sabha may or may not decide to accept those recommendations
5. Regardless, the Bill is considered to have passed both Houses and is sent to the President
TYPES OF MONEY BILLS 1. Annual Financial Statement:
At the beginning of every financial year, the President causes to be laid before both Houses, a statement of estimated receipt and expenditure for the ensuing year. Expenditure is of two types:
1. Expenditure charged on the Consolidated Fund of India, which is not subject to vote of Parliament, although it can be discussed by both Houses
2. Expenditure charged outside the Consolidated Fund, which are submitted to the Lok Sabha in the form of grants, which may or may not approve them
2. Appropriation Bill:
after the grants are approved by the Lok Sabha, an Appropriation Bill is introduced.
1. Appropriations out of the Consolidated Fund of India can be made only after passage of the Appropriation Bill.
2. This Bill is never opposed in the Lok Sabha.
3. Since the grants have already been approved, the discussion is limited to administrative policy etc 4. No amendments are possible at this stage
IMPORTANT PARLIAMENTARY PROCEEDINGS o Point of Order
o A member may raise a Point of Order if proceedings do not follow normal rules o The Presiding Officer decides whether the Order may be allowed or not o Vote on Account
o This procedure covers government expenditure between the presentation and the passage of the Budget o The Vote on Account allows the Lok Sabha to make a grant in advance for a part of the financial year o It is usually passed by the Lok Sabha without discussion
o It is passed after the general discussion on the Budget is over and before the demand for grants in taken up o Guillotine
o Certain demands for grants of various Ministries are taken up by the Lok Sabha without discussion. This is called guillotine
o Usually done due to lack of time
o To avoid this, Parliament in 1993 established 17 Parliamentary Committees to study these demand for grants o The Committees scrutinize the demand for grants and report to the House
o Quorum
o It is the minimum number of members required to transact the business of the House
o Article 100 of the Constitution specifies that the Quorum of either House shall be 10% of the strength of the House
o Question Hour
o The first hour of every sitting of Parliament is called Question Hour
o Questions usually need a 10 day notice before being answered by the concerned Minister o Questions addressed to the Ministers are of three types:
o Starred questions: to be answered orally on the floor of the House
o Unstarred questions: are answered in writing. No supplementary questions may be asked o Short notice questions: questions on urgent public importance, do not need 10 day notice o Zero Hour
o Does not formally exist in the Parliamentary procedure
o The hour after Question Hour is popularly known as Zero Hour o Members raise matters which they feel is urgent
o However, since the questions are raised without prior notice, it results in loss of time TYPES OF MOTIONS
1. Adjournment Motion:
1. Motion to adjourn the proceedings of the House, so as to take up a matter of urgent public importance 2. Can be moved by any member
3. Requires support from at least 50 members
4. Notice for the motion must be given before the commencement of the sitting for the day 2. Calling Attention Motion
1. A member may call the attention of a Minister to an urgent matter and the Minister may make a statement regarding it
3. Priviledge Motion
1. Motion moved by a member if he feels a Minister has committed a breach of priviledge 2. Also moved against members for withholding or distorting facts
4. Censure Motion
1. A motion that censures the government for a specific charge 2. Can be moved against a Minister or against the Council of Ministers
3. Censure Motion is different from No Confidence Motion in that the former requires to cite a specific charge against the government whereas the latter does not
4. If the Motion is passed in the Lok Sabha, the government is expected to resign 5. No Confidence Motion
1. A No Confidence Motion indicates lack of confidence of the Lok Sabha in the Council of Ministers 2. Can be introduced in the Lok Sabha only
6. Cut Motion
1. A device through which members draw the attention of Government to a specific grievance 2. It is used to seek reduction in the amount of a demand for grants presented by Government 3. Approved by the Speaker at his discretion
4. There are three types of Cut Motions
1. Policy Cut: implies the mover disapproves of the policy underlying the demand. Asks for a reduction of Re. 1 2. Economy Cut: seeks a specific amount of reduction
3. Token Cut: used to ventilate a particular grievance against the government. The reduction amount is Rs 100 TERMINATION OF A SESSION OF PARLIAMENT
The sessions of Parliament are convened at the discretion of the President. However, there should not be a gap of more than 6 months between sessions.
1. Prorogation
1. Done by President on the advice of the Council of Ministers 2. Brings the session of the House to an end
3. Unlike England, Pending Bills and other business do not lapse, they are taken up when the House meets in the next session
2. Adjournment
1. Short recess within a session of Parliament 2. Called by the Presiding Officer of the House 3. Duration may be from a few minutes to a few days 3. Adjournment Sine Die
1. House is adjourned by the Presiding Officer without fixing a date for the next meeting 4. Dissolution
1. Dissolution ends the life of a House and a new House needs to be reconstituted 2. Only the Lok Sabha can be dissolved, the Rajya Sabha is permanent
3. Dissolution enacted by the President on the advice of the Prime Minister 4. Any Bill pending in the Lok Sabha lapses
5. Any Bill pending passed by the Lok Sabha and pending the Rajya Sabha also lapses, unless the President calls a Joint Sitting of the two Houses. However, Bills pending in the Rajya Sabha but not passed by the Lok Sabha do not lapse
SUPREME COURT OF INDIA Overview
o The Supreme Court of India is decreed by Part V, Chapter IV of the Constitution o It was established on 28 Jan 1950
o According to the Constitution, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal
o The Supreme Court has original, appellate and advisory jurisdiction About the Supreme Court building
o The first home of the Supreme Court was the Chamber of Princes of the Parliament building, which had been the seat of the Federal Court of India
o The Court moved to the present premises in 1958
o The present premises was designed by Ganesh Bhikaji Deolalikar COMPOSITION OF THE SUPREME COURT
Judges of the Supreme Court
o The Supreme Court consists of 31 judges – one Chief Justice and 30 other Justices
o The Constitution originally provided for 7 judges in the Court. However, due to increased workloads, this number has been gradually increased, reaching 31 in 2008
o A small Bench, with two to three Justices, is called a Division Bench o A large Bench, with five or more Justices, is called a Constitutional Bench o A Division Bench may refer a case up to a Constitutional Bench if desired
o The first woman judge of the Supreme Court was Justice Fatima Beevi in 1987. However, there has been no female Chief Justice
Terms of service
o Judges of the Supreme Court are appointed by the President o Judges of the Supreme Court retire at the age of 65
o Must be a citizen of India
o Must have been one of the following o A judge of a High Court for at least 5 years o An advocate of a High Court for at least 10 years o A distinguished jurist, in the opinion of the President
Ad hoc Judges
o Ad hoc Judges are non-Supreme Court judges who sit in the Supreme Court when there is insufficient quorum to perform the judicial duties
o Ad hoc Judges are appointed by the Chief Justice after obtaining consent from the President
o Serving and retired judges of the Supreme Court (and High Courts) can sit and act as ad hoc Judges of the Supreme Court
o Only such persons can be appointed as ad hoc Judges who are qualified to be appointed as a regular Judge of the Supreme Court
The office of the Chief Justice
o The senior most judge of the Supreme Court is appointed as the Chief Justice
o The Chief Justice remains in office for 5 years or until retirement, whichever is earlier o The Chief Justice is responsible for allocation of work to other judges
o Other judges may refer cases to him if a bench of higher strength is required o The Chief Justice administers the oath of office to the President
o In the absence of the President and the Vice-President, the Chief Justice sits as the Acting President of India o The Chief Justice is the ex-officio Chancellor to most autonomous law schools in India
Noteworthy Chief Justices
o The current Chief Justice (K G Balakrishnan) is the 37th Chief Justice of India. He is from Kerala
o The first Chief Justice of India was H J Kania (1950 – 1951). Before appointment to the Supreme Court, he served as the Chief Justice of the Federal Court of India (1947 – 1950). He was from Bombay
o The shortest tenure was for K N Singh (Nov 1991 – Dec 1991, UP) o The longest tenure was for Y V Chandrachud (1978 – 1985, Bombay)
o The salaries and allowances of Judges are charged to the Consolidated Fund of India and are not subject to a vote of Parliament
o The salaries and other service conditions of Judges cannot be changed to their disadvantage during their tenure o Judges can be removed only by a resolution of both Houses of Parliament passed with a two-third majority o Judges can be removed only on grounds of proven misbehaviour or incapacity
o Judges are barred from practicing in any court after retirement
o The decisions and actions of Judges cannot be criticized. Disrespect to Court authority can invite Contempt of Court proceedings
o The conduct of Judges cannot be discussed in Parliament or state legislatures
o The appointment of Judges does not depend on the discretion of the President. Judges are appointed by the President in consultation with other Judges of the Supreme Court, while the Chief Justice is appointed based on seniority
o The Court enjoys complete freedom with respect to appointment of officers of the Court JURISDICTION OF THE SUPREME COURT
1. Original Jurisdiction
1. Original Jurisdiction means that certain types of cases can originate with the Supreme Court only 2. The Supreme Court has original jurisdiction in
1. Disputes between the Centre and one or more states
2. Disputes between the Centre and any state(s) on one side and one or more states on the other side 3. Disputes between two or more states
4. Disputes regarding the enforcement of Fundamental Rights 2. Appellate Jurisdiction
1. Appellate Jurisdiction means that appeals against judgements of lower courts can be referred to it 2. The Supreme Court is the highest court of appeal in the country
3. Three types of cases fall with appellate jurisdiction:
1. Constitutional cases: an appeal against a High Court judgement can be made to the Supreme Court if the High Court determines that the case involves questions on the interpretation of the Constitution
2. Civil cases: an appeal can be made in civil cases if the High Court certifies 1. that the case involves a substantial question of law of general importance, and 2. that the said question needs to be decided by the Supreme Court
3. Criminal cases: an appeal can be made in criminal cases if the High Court 1. has reversed an acquittal and sentenced a person to death, or
2. has taken up a case from a subordinate court and sentenced an accused to death
3. interestingly, if the High Court reverses a conviction and orders acquittal, no appeal to the Supreme Court can be made
3. Advisory Jurisdiction
2. If the President asks for advice from the Supreme Court, the Court is duty-bound to give it. However, it not binding on the President to accept the advice
POWERS AND FUNCTIONS OF THE SUPREME COURT 1. Court of Record
1. The Supreme Court is a court of record
2. What this means is that its records are admitted to be of evidentiary value and cannot be questioned in any court
3. As a court of record, it also enjoys the power to punish for contempt of court 2. Judicial Review
1. Judicial Review means that the Court can ensure that laws passed by the legislature and orders issued by the executive do not contravene the Constitution
2. If these laws or orders go against the Constitution, the Court can declare them unconstitutional and hence invalid
3. The Court also protects the Fundamental Rights of citizens through various types of writs 3. Other powers
1. The Supreme Court appoints its officers and servants in consultation with the UPSC and determines their conditions of service, in consultation with the President
2. It can make rules regarding the practice and procedure of the court with the approval of the President 3. It can appoint arbitrators to decide cases relating to costs incurred by state governments in carrying out
directions of the Union government
4. It adjudicates disputes relating to the election of the President and Vice-President
5. It can recommend the removal of the Chairman and members of the UPSC to the President HIGH COURTS IN INDIA
Overview
o There are 21 High Courts in India
o The Calcutta High Court, established in 1862, is the oldest High Court in India. The Bombay and Madras High Courts were also established in the same year
o The newest High Courts are the Chattisgarh (Bilaspur), Uttaranchal (Nainital) and Jharkhand (Ranchi) High Courts, all established in the year 2000
o The Bombay, Madras and Calcutta High Courts are the three Chartered High Courts in India
o The Madras Law Journal, published from the Madras High Court, was the first journal in India dedicated to reporting judgements of a Court (1891)
Jurisdiction of High Courts
o Each High Court has jurisdiction over a particular state(s) and/or Union Territory(ies)
o High Courts have original and appellate jurisdiction. High Courts also have jurisdiction over writs
o States are divided into judicial districts, presided over by a District Judge or a Sessions Judge, who is the highest judicial authority below the High Court
o The presiding judge is called District Judge when he presides over a civil case, and called a Sessions Judge when presiding over a criminal case
o The High Court is a court of record
o Cases relating to admiralty, marriage and contempt of court are referred directly to the High Court Judges and Benches
o The Judges of a High Court are appointed by the President in consultation with the Chief Justice of India and the Governor of the state
o The number of Judges in a High Court is decided based on the number of cases instituted and disposed o High Courts that handle a large number of cases from a particular region, may establish a permanent Bench
there. Benches are present in states that come under the jurisdiction of Courts outside its territory o Circuit Benches are temporary courts that hold proceedings for a few months every year
Important High Courts and their Jurisdictions
High Court Location Bench Jurisdiction
Allahabad High
Court Allahabad Lucknow Uttar Pradesh
Bombay High Court Bombay Nagpur, Panaji, Aurangabad Maharashtra, Goa, Daman & Diu, Dadra & Nagar Haveli
Calcutta High Court Calcutta Port Blair (Circuit Bench) West Bengal, Andaman & Nicobar
Delhi High Court New Delhi NCT Delhi
Guwahati High
Court Guwahati
Kohina, Aizwal, Imphal Circuit Benches at Agartala and Shillong
Assam, Arunachal Pradesh, Manipur, Meghalaya, Nagaland, Tripura, Mizoram
Jammu & Kashmir High Court
Srinagar (summer)
Jammu (winter)
Jammu & Kashmir
Karnataka High
Court Bangalore
Circuit Benches at Hubli-Dharwad and Gulbarga
Kerala High Court Cochin Kerala, Lakshadweep
Madhya Pradesh
High Court Jabalpur Gwalior, Indore Madhya Pradesh Madras High Court Madras Madurai Tamil Nadu, Pondicherry Punjab and Haryana
High Court Chandigarh Punjab, Haryana, Chandigarh
Rajasthan High
Court Jodhpur Jaipur Rajasthan
Indian Polity #7 | Study Material :: General Studies | IAS Help
THE STATE EXECUTIVE THE GOVERNOR OF A STATE Overview
o Governors and Lieutenant-Governors of states and Union Territories have powers at the state level similar to that of the President at the Union level
o Governors preside over states while Lieutenant-Governors preside over Union Territories and NCT Delhi o The office of the Lieutenant-Governor exists only in the Union Territories of Andaman & Nicobar Islands,
Pondicherry and NCT Delhi. Other Union Territories have an Administrator, who is usually an IAS officer.
Conditions of service
o Governors and Lieutenant-Governors are appointed by the President for a period of 5 years
o The Governor or Lieutenant-Governor can be dismissed by the President on the recommendation of the Prime Minister
o Unlike the President, Governors and Lieutenant-Governors can not be impeached
POWERS OF THE GOVERNOR o Executive powers
o All executive powers of the state government are vested in the Governor o The Governor appoints the Chief Minister and the Council of Ministers
o He allocates portfolios to the Ministers based on the advice of the Chief Minister o The Governor appoints the judges of the District Courts
o The President consults the Governor in the appointment of the judges of the High Court o The Governor appoints the Advocate General and members of the state Public Service
Commission o Legislative powers
o The Governor summons sessions of both Houses of the state legislature and prorogues them o The Governor can dissolve the state Legislative Assembly (Vidhan Sabha) on the advice of the
Chief Minister
o Bills passed by the legislature can become law only on the assent of the Governor
o The Governor can return non-Money Bills to the legislature for reconsideration. However, if the legislature sends it back without modification, the Governor must give his assent
o The Governor can promulgate Ordinances. These ordinances must be approved by the legislature at its next session. Ordinances remain valid for no more than 6 weeks from the date of convening of the legislature
o Financial powers
o The Governor causes to be laid before the legislature the annual state Budget
o Money Bills can be introduced in the legislature only on the prior recommendation of the Governor
o The Governor can make advanced from the Contingency Fund of the State to meet unforeseen expenditure
o The Governor constitutes the state Finance Commission o Discretionary powers
o When no political party gets a majority in the Legislative Assembly, the Governor can appoint the leader of the largest party or the largest coalition as the Chief Minister
o The Governor can recommend to the President imposition of President’s rule in the state
THE STATE LEGISLATURE Overview
o State legislatures in India can be unicameral or bicameral
o The lower House is called the Legislative Assembly, and the upper House (if it exists) is called the Legislative Council
o Currently, only six states in India have Legislative Councils: Bihar, Jammu & Kashmir, Uttar Pradesh, Maharashtra, Karnataka and Andhra Pradesh
o The provision for instituting and removing Legislative Councils is enshrined in Article 169 of the Constitution
The Legislative Assembly
o Legislative Assemblies consist of 60 to 500 members o Members of the Legislative Assembly are directly elected
o The Governor can appoint a certain number of Anglo-Indians to the Assembly as he deems fit
The Legislative Council
o The Legislative Council consists of not more than 1/3rd
the strength of the Legislative Assembly and not less than 40
o Members of the Council are indirectly elected as well as nominated (by the Governor) o The composition of the Council is as follows
o Members elected by electorates consisting of members of local bodies o Members elected by MLAs from among people who are not MLAs
o Members elected by electorates consisting of persons who are graduates of 3 years standing and who are residents of the state
o Members elected by electorates consisting of persons engaged for 3 years in teaching (not lower than secondary school)
o Members nominated by the Governor from among persons having expertise in science, arts, social service etc
Conditions of service
o The minimum age for membership to the state legislature is 25 for the Legislative Assembly and 30 for the Legislative Council
o To become a member from a particular constituency, a person must be a voter from that constituency o The term of the Legislative Assembly is five years.
o It may be extended by the Governor during an Emergency, but not for more than six months at a time o The Legislative Council, like the Rajya Sabha, is a permanent House and cannot be dissolved o The term of members of the Council is 6 years, with 1/3rd retiring every two years
Presiding officers
o The Legislative Assembly has a Speaker and a deputy Speaker o They are elected from among the membership of the Assembly
o The Legislative Council has a Chairman and a deputy Chairman (who are also elected from among members) o Presiding Officers of both Houses have the right to cast their vote in case of a tie
Functions of the state Legislature
o The Legislature has the power to legislate on all subjects in the State List and the Concurrent List o Money Bills can originate in the Legislative Assembly only
o The Council has 14 days to recommend changes to the Money Bill
o Elected members of the Legislative Assembly are involved in the process of election of the President of India o Each state legislature has one electoral power in electing the President
o Amendments to the Constitution of India can be executed with approval of half the state legislatures in the country
Indian Polity #9 | Study Material::General Studies | IAS Help
ELECTIONS IN INDIA Overview
o The 2009 General Elections had an electorate of 714 million. This is larger than the electorates of the EU and the US combined
o The first General Elections were held in 1951
o The control and conduct of all elections to the Parliament, to the state legislatures and to the offices of the President and Vice-President fall under the purview of the Election Commission of India
o Panchayat elections are conducted by respective State Election Commissions
Constitutional provisions for elections
o Article 324 stipulates that the superintendence, direction and control of elections shall be vested in the Election Commission
o Article 325 provides a single electoral roll for every constituency. Also stipulates that no person shall be eligible or ineligible for inclusion in electoral rolls on the basis of race, religion, caste or sex
o Article 326 stipulates that elections shall be held on the basis of adult suffrage. Every person who is a citizen of India and is not less than 18 years of age shall be eligible for inclusion
Election process
o The Election Commission announces the schedule of elections, but the election process only starts with the notification by the President (or Governors)
o Model Code of Conduct comes into force the day election dates are announced.
o No party is allowed to use government resources for campaigning. Campaigning to be stopped 48 hours prior to polling day
o The Collector of each district is in charge of polling
o The indelible ink used to mark fingers is produced by the Mysore Paints and Varnish Ltd.
o Currently, India does not have an absentee ballot system. To enrol as a voter, a person needs to be an ‘ordinary resident’ i.e. reside in a particular constituency for at least 6 months
o A period of eight days is allowed for filing nominations. Two days are allowed for withdrawal of candidature o Candidates to a particular constituency can be from anywhere in the country. However, voters in the
constituency must be residents of that constituency o A candidate may contest from two constituencies at most
Political parties
o Registration of the People Act 1951 provides for registration of political parties with the Election Commission o To be recognised as a National Party, a party must satisfy all the following criteria
o secure 6% of votes polled in four or more states (in General Elections of Assembly Elections) o win at least 4 seats to the Lok Sabha
o win at least 2% of Lok Sabha seats from at least three different states (i.e. min of 11 MPs in the Lok Sabha) o There are currently six national parties: INC, BJP, BSP, CPI (M), NCP, CPI
o To be recognised as a State Party, a party must satisfy all the following o Secure at least 6% of votes polled in that particular state
o Wins at least 3 seats to the Legislative Assembly or at least 3% of Assembly seats, whichever is higher
Judicial Review of election disputes
o Technically, the decisions of the Election Commission can be challenged in High Courts of the Supreme Courts o However, by tradition, the Judiciary does not intervene in the conduct of elections once the process of elections
has begun
o After declaration of election results, the Election Commission cannot reverse the results on its own o The results of the elections to Parliament and state legislatures can only be reviewed by filing election
petitions at the High Courts
o For elections of President and Vice-President, election petitions can only be filed with the Supreme Court
ELECTION COMMISSION OF INDIA About the Election Commission
o The Election Commission is autonomous, quasi-judiciary constitutional body o Its mission is to conduct free and fair elections in India
o The Election Commission was established on 25 Jan 1950 under Article 324 of the Constitution
Powers of the Election Commission
o The EC enjoys complete autonomy and is insulated from any interference from the Executive
o It also functions as a quasi-judiciary body regarding matters related to elections and electoral disputes o Its recommendations are binding on the President of India
o However, its decisions are subject to judicial review by High Courts and the Supreme Court acting on electoral petitions
o During the election process, the entire Central and state government machinery (including paramilitary and police forces) is deemed to be on deputation to the Commission
o The Commission takes effective control of government personnel, movable and immovable property for successful conduct of elections
Functions of the Election Commission o Demarcation of constituencies o Preparation of electoral rolls
o Supervision, direction and control of elections to Parliament, Legislatures, President/Vice-President o Scrutiny of nomination papers
o Establish rules for elections
o Issue notification of election dates and schedules o Determine code of conduct
o Allot symbols and accord recognition to political parties
o Render advice to the President and Governors regarding disqualification of MPs and MLAs o Postpone or countermand elections for specific reasons
o Resolve election disputes
o Allot schedules for broadcast and telecast of party campaigns
o Grant exemptions to persons from disqualifications imposed by judicial decisions
Composition of the Election Commission
o The Election Commission is a multimember Commission, the Chief Election Commissioner acts as the Chairperson
o All members of the Election Commission enjoy equal vote, while the CEC additionally also enjoys casting vote. Decisions of the EC are to be based on unanimity or majority
o The CEC is appointed by the President
o Other members of the Commission are appointed by the President in consultation with the CEC
o The CEC can be removed from office only in the manner of a Judge of the Supreme Court. Other members can be removed by the President in consultation with the CEC
o The President may appoint Regional Election Commissioners in consultation with the CEC before elections to the Parliament or Assemblies. Upon conclusion of elections, the REC steps down
Terms of service
o The tenure of Election Commissioners is six years or up to age of 65 years, whichever is earlier
o The CEC cannot hold any office of profit after retirement. Other ECs cannot hold any office of profit after retirement, except as CEC
o The CEC cannot be reappointed to the post
o The allowances and salaries of the CEC are drawn from the Consolidated Fund of India
Chief Election Commissioners of India
S. No. CEC Tenure Notes
1 Sukumar Sen 1950-1958 First CEC
Served as CEC for Nepal and Sudan 2 K V K Sundaram 1958-1967
3 S P Sen Verma 1967-1972
4 Nagendra Singh 1972-1973
Born into Royal family of Dungarpur, Rajasthan Padma Vibhushan 1973
President of the International Court of Justice (1985-1988) 5 T Swaminathan 1973-1977
6 S L Shakdhar 1977-1982 7 R K Trivedi 1982-1985 8 R V S Peri Shastri 1986-1990
9 V S Ramadevi Nov 1990 – Dec 1990 Only female CEC
10 T N Seshan 1990-1996
Introduced innovative electoral reforms Envisioned voter ID card
Ramon Magsaysay Award 1996
After retirement, founded Deshbkat Trust for social reforms
11 M S Gill 1996-2001 Padma Vibhushan 2000
Currently, Minister of Youth Affairs and Sports 12 J M Lyngdoh 2001-2004 Ramon Magsaysay Award 2003
13 T S Krishnamurthy 2004-2005
Served as IMF advisor in Ethiopia and Georgia
As CEC, served as observer to elections in Zimbabwe and USA
14 B B Tandon 2005-2006
15 N Gopalaswami 2006-2009 Observer to US elections 16 Navin Chawla 2009-present
DELIMITATION COMMISSION
o Established under the Delimitation Commission Act to redraw the boundaries of assembly and Lok Sabha constituencies based on recent census
o The representation of each state to the Lok Sabha is not changed. However, the number of SC and ST states may change
o The orders of the Commission are laid down before the Lok Sabha and respective state Legislatures
o The Commission is a powerful body – its orders cannot be changed by Parliament or Legislature, nor can they be challenged in a court of law
o The Delimitation Commission is expected to be constituted every ten years (following every census), however in practise it has only been constituted four times since Independence: 1952, 1963, 1973, 2002
o The Delimitation Commission 2002 was headed by Justice Kuldip Singh as chairperson. The Karnataka Assembly elections 2008 were the first elections to be conducted under newly delimited constituencies. The General Elections 2009 also used these new constituencies.
o Breakdown of constituencies
o Largest (population): Outer Delhi (3 million) o Smallest (population): Lakshadweep (37,000) o Largest (area): Ladakh (173,000 sq km)
o Smallest (area): Chandni Chowk, Delhi (10 sq km)
Indian Polity #11 | Study Material::General Studies | IAS Help
PARLIAMENTARY COMMITTEES IN INDIA Overview
o Since Parliament needs to perform substantial functions in limited time, it cannot go into the details of every legislative and other matter that comes before it
o For this reason, Parliamentary Committees are constituted to study in detail the legislative and other matters that come before Parliament
o Committees can be appointed in both Houses of Parliament, and their roles and functions are more or less similar
Functions of the Committees
o To consider the Demand for Grants of various Departments/Ministries and make reports to the Houses o To examine Bills that are referred to the Committee by the Lok Sabha or the Rajya Sabha
o To study annual reports of various Ministries and Departments
o To consider policy documents presented to the Houses if/when referred to the Committee by the Lok Sabha or Rajya Sabha
TYPES OF COMMITTEES Ad hoc Committees
o They are appointed for a specific purpose and cease to exist when the task is finished o They can either belong to one particular Parliament House or be a joint committee
