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11CONSTITUTION OF INDIAUnit Structure:1.1 Introduction1.2 History of Indian Constitution1.3 Role of the Constituent Assembly1.4 Objective Resolution1.5 Members of the Drafting Committee1.6 Importance of Constitution1.7 Preamble to the Indian Constitution1.8 Philosophy and Ideals Mentioned in the Preamble1.9 Importance and Significance1.10 Salient Features of Indian Constitution1.1 INTRODUCTION:In a democratic system the power of ruling the people is inthe hands of the government whom the citizens have voted.Constitution is a book of Role of Law where all citizens are givenequal rights and duties to fulfill. It is a mirror which shows the rulersof the democratic how to rule govern administer control anddominate its people.1.2 HISTORY OF INDIAN CONSTITUTION:After the victory of the freedom struggle that Indians wonfrom the British rulers Indian leaders were posed with the biggestchallenge how and what will be source the of law in India. Laws inIndia was already introduces by theBritisher’s in India in variousform. Our learned leaders Mahatma Gandhi Dr Bhimrao AmbedkarJawaharlal Nehru and others had travelled the world for theeducational purpose around the globe and were well versed withthe various world systems across. The knowledge of French|Revolution American Revolution struggle of Africa for the equalrights of its citizens gave a new path for our Indian leader’s toponder upon.munotes.in
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21.3 ROLE OF THE CONSTITUENT ASSEMBLYThe British government passed the Independence of IndiaAct 1946 which is also known as the ‘Cabinet Mission’. It providedfor appointment of a elected members from Provincial LegislativeAssembly for the constituent assembly to make the constitution. Itmet for the first time on 9thDecember, 1946 and elected the seniormost members Dr. Sachchidanand Sinha as its pro- tem chairman.Latter Dr. Rajendra Prasad was elected as full time President andH. C. Mukherjee as the Vice- President of constituent assembly.Originally, it consisted of 389 members, including 93 from princelystates and 296 from British India. After partition, the members fromPakistan regions have left the assembly, hence it was reorganized.1.3.1 The main functions of the Constituent Assemblywere asfollows:a. Framing the Constitutionb. Enacted laws and involved in the decision making process.c. It adopted the national flag on 22ndJuly, 1947d.It accepted and approved India’s membership of the BritishCommonwealth in May, 1949.e. It adopted National anthem on 24thJanuary, 1950.The Constituent Assembly was sub divided into many committeesto stir the task of making of the constitution. They were as follows:I. Constitution Making Union Powers Committee.II. Union Constitution CommitteeIII. Provincial Constitution CommitteeIV. Drafting CommitteeV. Advisory Committee on Fundamental rights and minoritiesVI. Rules of procedure committeeVII. Steering CommitteeAmong above eight major committees, Drafting Committee headedby Dr. B. R. Ambedkar was most significant, which drafted theconstitution. It consisted of seven members namely B.R.Ambedkar,Alladi Krishnaswami Ayyar, N.Gopalswami Ayyangar,K.M.Munshi,Mohammad Saadulla, B.L.Mitter and D.P.Khaitan. TheDrafting committee elected B .R .Ambedkar as its Chairman.1.4 OBJECTIVE RESOLUTIONThe objective resolution was moved on December, 13, 1946by Pandit Jawaharlal Nehru. It provided the philosophy and guidingprinciples for framing the constitution. Later on it became the part ofPreamble. The resolution was unanimously adopted by themunotes.in
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3Constituent Assembly on 22ndJanuary, 1947. It declared India to bea sovereign and democratic republic, which would ensure completejustice, equality, fraternity and liberty to its citizens.1.5 MEMBERS OF THE DRAFTING COMMITTEE:The constituent assembly appointed a committee known asDrafting committee consisting of seven members namely AlladiKrishnaswami Ayyar, N.Gopalswami Ayyangar, B.R.Ambedkar,K.M. Munshi ,Mohammad Saadulla , B.L.Mitter and D.P.Khaitan.The Drafting committee elected B .R .Ambedkar as its Chairman.1.6 IMPORTANCE OF CONSTITUTION:The constitution is the most important aspect for a countrybecause it protects individual freedom and its fundamentalprinciples governs any Democratic country. The role of Constitutionis to place the governments power in the hands of the citizen’s .Itlimit’s the power of the government and establishes a system ofchecks and balances. In a Democratic country the rights and dutiesare in the hands of irs governing authority that is the governmentwhom the citizens have elected. Constitution lays down the limitsand restrictions on the power which can be used against the citizenof its own.Dr. Bhimrao Ambedkar who is very rightly known as TheChief Architect of the Indian Constitution. Dr Ambedkar with hisimmense Excellency and great contribution towards the study ofvarious constitution’s of theworld. Dr Babasaheb Ambedkar alwaysfought for equal rights for all the communities. He was aman ofcaliber foresightedness and of good courage. He made a deepstudy of various constitution of the world and his approach was verysocial towards the framing of the Indian constitution. He was verycritical about the various social evil that prevailed in the Indiansociety. He had a vision for India to be a place for all and everyonewithout discriminating on the basis of caste gender religion or anyother diversification.1.7 PREAMBLE TO THE INDIAN CONSTITUTION:Every constitution has a philosophy and ideals of its own. Itis a general practice to express those in a compact introductorynote of selective chosen words known as the preamble .The spiritand ideals for which the constitution stands are succinctlycrystallized in the preamble. in this sense the preamble is thedeclaration of ideals and objectives underlying the constitution .Thepreamble is the soul of the constitution, yet legally speaking it ismunotes.in
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4not a part of the constitution To have a look in the underlyingphilosophy of the constitution is the Preamble is indispensable. Thephilosophy and the ideals which the constitution has, if Indiasolemnly resolves to achieve has been set very beautifully and in apoetic language in the Preamble.1.8 PHILOSPHY AND IDEALS MENTIONED IN THEPREAMBLE:The ideals mentioned in the preamble express thephilosophy of the constitution of India .The aims objectives spiritand the ideology for which the constitution stands finds expressionin the preamble .The philosophy underlying the constitution of Indiaas appeared has its source in the historical objective resolutionmoved by Jawaharlal Nehru in the constituent assembly on 22January 1947.The preamble the most vital part of our constitution begins asfollows:WE, THE PEOPLE OF INDIA, having solemnly resolved toconstitute India into a SOVEREIGN SOCIALIST SECULARDEMOCRATIC REPUBLIC and to secure to all its citizens:JUSTICE, social, economic, and political;LIBERTYof thought expression, belief, faith and worship;EQUALITY of status and of opportunity; and to promote amongthem all;FRATERNITY assuring the dignity of the individual and the unityand integrity of the Nation;IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day ofNovember, 1949, do HEREBY ADOPT, ENACT AND GIVE TOOURSELVES THIS CONSTITUTION.1.9 IMPORTANCE AND SIGNIFICANCE:Even though the preamble is extra-legal and it cannot be enforcedin a court of law, yet the preamble is the most important andsignificant aspect of the constitution for the reasons below:1. The preamble is a commitment, a pledge and an undertakingthat assures a rebirth of India.2. It serves as a key to the constitution. Whenever a particularprovision appears to be ambiguous the preamble is consultedso that the said provision can be explained in the light of thepreamble.munotes.in
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53. It acts as a guiding star in the interpretation of the Constitution.4. The Preamble specifically states the moral basis and the sourcesof the constitution.5. It resolves about the nature of the Republic that the constitutionseeks to establish.1.10 SALIENT FEATURES OF INDIANCONSTITUTION:The constitution of India was adopted in the constituentassembly on 26thNovember 1949.The constitution came in to forcefrom 26thJanuary 1950.Many aspects from various other countriesconstitution was included to suit our prevailing situation in India.That is why we can say that our constitution is equipped withchoicest features of other constitution .A note can be made thatsince the adoption of the Indian constitution several changes in theform of amendments have been made with the proper procedurefollowed by the Parliamentarians.Following are various features of the Indian constitution:1. Considered to be the lengthiest constitution of the world:The most important feature of our Indian constitution is that itis very vast. In the entire world Indian constitution is the lengthiestand written constitution of the world. As compared to Americanconstitution Indian constitution is considered to be longest writtenconstitution which consists of American constitution which has 7articles,24 sub-articles and about 7000 words only. The Indianconstitution even after so many amendments contains 395 articles,innumerable sub-articles and 12 schedules.2. A written constitution:Indian constitution is considered as the written constitution. Itis impossible and not practical that no constitution can be totallywritten in a single document. We can partially say that Indianconstitution mostly written in character; but not written in totality.For example the British constitutional practices with respect toparliamentary system are in vogue in India, though not written downin the constitution. Therefore Indian constitution occupies aprominent place in the category of written constitution.3. Parliamentary system of Government:The Indian constitution has the provision for a Parliamentaryor Cabinet system of government with all its features. The Indianconstitution follows similar pattern of cabinet system whichBritisher’s also follow .The cabinet system provides san electedPresident as the head in place of a hereditary king or queen.munotes.in
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6Following are various characteristics for the parliamentarysystem in India:I] cabinet is collectively responsible to parliament which issupreme;II] Parliament makes laws and grants money to the government;imposes taxes and determines administrative policies;III] The president is the constitutional head, but the cabinet isresponsible to parliament holds the real power;IV] There is a very close relation between parliament and cabinet.4. Federal Structure:There is a provision in the Indian constitution for a federalstructure. We have a dual polity a government at the Centre andone for each of federated state. There is a clear cut division of thepower between state and the Union governments has been madeby providing three lists in the constitution-I] Union list ii] State list iii] Concurrent list.Subjects over these lists shall be enjoyed by the Union, theStates and by both the governments respectively. Subjects whichare not included in any of the three lists are dealt with by the Uniongovernment. Though India is federal in structure, it takes a quasi-federal shape due to the existence of several unitary features in theconstitution.5. Sovereign socialist secular Democratic Republic:The preamble to the constitution resolved to constitute Indiais an Independent and Sovereign state. it is republic in the sensethat the country is ruled not by an king or queen but is ruled by theelected representative of the people for a definite fixed term. Theterm socialism stands for democratic socialism and a welfare state.India very strongly affirms Secularism by guaranteeing freedom ofconscience and free profession, practice and propagation ofreligion to all.6. Directive Principles of state policies:Incorporation of directive principles in the constitution is asalient feature of our constitution. It is the duty of the state to followthese principles both in the matter of administration and in makinglaws. These principles embody the objectives which the stateshould pursue in the governance of the state. The directiveprinciples contain certain economic and social rights which are,however not justifiable in the court of law.7. Fundamental rights:Fundamental rights play the most vital role in acitizen’slifeof a country. Fundamental rights are into 6 categories’n a m e l yr i g h tto equality and individual liberty. These rights also ensure right tomunotes.in
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7religion, rights against exploitations, cultural and educational rightsand right to constitutional remedies. The fundamental right’s inIndia are however conspicuous by the absence of any economicrights.8. Single citizen:The constitution of India recognizes uni-citizenship. It means thatIndia though being federal provides for single citizenship of thestate to which a person belongs. In India there is no dualcitizenship. Weare all citizens of India.9. Partly rigid and flexible:It is observed that written constitutions are mostly rigid inform .Indian constitution seems to be rigid because of being writtenbut in real it is not rigid it is flexible at the same time. Generallythere are three methods which are followed for making anyamendments in the constitution.First method is in some cases amendments are made bysimple majority by the Union parliament.Second method in certain cases a two-thirds majority of thepresent and voting members of the Union Parliament is necessary.Third method in some other cases the consent of at leasthalf of the federated states are needed together a two-thirdsmajority of the present and voting members of Parliament.10. Secularism:Constitution of India declares India as a secular state. InIndia we do not have a state-religion and the state observesneutrality towards all religions .The state does not patronize anyparticular any particular religion. In India the people of differentreligions are treated equally by the state and they are equal in theeye of law.11. Interests of minorities are safeguarded:Though India follows Secularism with the whole heart but itprotects the rights of several backwards castes and tribes and thebackward minorities which lag behind in social and economicdevelopment. It has been observed that no other constitution otherthan India has safeguarded the interests of the minorities.12. Contains emergency provision:Constitution of India provides elaborated provision fortackling the challenges of external aggression or armed rebellion(art.352),failure of constitutional machinery in states (art.356), andfinancial disorder (art.360).The Indian constitution has embeddedthe President power to proclaim emergency under the above threemunotes.in
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8heads. Emergency provision is a special feature of the Constitutionof India.13. Language Provisions in the Constitution:India being a multi-lingual state language poses a specialproblem to the makers of our Constitution. In India there areapproximately more than 1018 spoken languages, including 63non-Indian languages. Language is a very sensitive issue andhence it is needed that the problem of language should be solvedpeacefully .The problem of language is the complicated issue dueto which Indian constitution incorporates a chapter providing theprovisions for languages.14. Supremacy of the Constitution:Indian Constitution is considered as the supreme authority ofthe Law of the Land for India. The best example was when theSupreme Court held in the Golak Nath Vs the State of Punjab,1967and in Minerva Mills Vs Union of India,1980 that there was certainbasic features of the Constitution which could not be taken away oraltered.15. Separate Constitution for Jammu and Kashmir:In India we have only one Constitution in which itincorporates the constitutional systems of both Union and theStates. The only exceptional case is Jammu and Kashmir. UnderArticle 370 of the constitution of India the state of Jammu andKashmir has a constitution of its own dealing with only the internalconstitutional aspects of the state of Jammu and Kashmir .Thisspecial arrangement for Jammu and Kashmir was made underhistorical compulsion.16. A Borrowed Constitution:The Unique Feature of Indian constitution is that it is basedon borrowed material. Our fundamental rightslargely follow’stheUSA model; and the Directive principles of state policy are on thelines of the provision of the constitution of the Republic of Ireland.Along with all this most of our provisions are borrowed from theBritish made Government of India Act, 1935.We have also adoptedBritish system of Administration and Bureaucracy, BritishParliamentary Practice etc. Therefore it is said that our constitutionis part of British heritage and Legacy.munotes.in
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9Questions for Practice:1. Explain the role of British laws in making of Indian constitution.2. Describe the objective resolution and preamble.3. What are the salient features of the Indian constitution?References :1. Utpal Roy, Introduction to Political Science,Calcutta BookHouse ,2011.2. B.K. Gokhale, Political Science, Himalaya PublishingHouse,2008.3.3. M. Laxmikanth, India Polity, 5thEdition.munotes.in
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102CITIZEN AND CONSTITUTIONUnit Structure2.1 Introduction:2.2 Philosophy and Ideals Mentioned in the Preamble2.3 Rights and Duties2.4 Directive principal of State policy2.1 INTRODUCTION:In a democratic system the power of ruling the people is inthe hands of the government whom the citizens have voted.Constitution is a book of Role of Law where all citizens are givenequal rights and duties to fulfil. It is a mirror which shows the rulersof the democratic how to rule govern administer control anddominate its people2.2 PHILOSPHY AND IDEALS MENTIONED IN THEPREAMBLE:The ideals mentioned in the preamble express thephilosophy of the constitution of India .The aims objectives spiritand the ideology for which the constitution stands finds expressionin the preamble .The philosophy underlying the constitution of Indiaas appeared has its source in the historical objective resolutionmoved by Jawaharlal Nehru in the constituent assembly on 22January 1947.The preamble the most vital part of our constitution begins asfollows:WE, THE PEOPLE OF INDIA, having solemnly resolved toconstitute India into a SOVEREIGN SOCIALIST SECULARDEMOCRATIC REPUBLIC and to secure to all its citizens:JUSTICE, social, economic, and political;LIBERTYof thought expression, belief, faith and worship;EQUALITY of status and of opportunity; and to promote amongthem all;munotes.in
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11FRATERNITY assuring the dignity of the individual and the unityand integrity of the Nation;IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day ofNovember, 1949, do HEREBY ADOPT, ENACT AND GIVE TOOURSELVES THIS CONSTITUTION.Citizenship is the status of a person recognised under thelaw as being a member of the state.However, the citizenship Act of 1955 and its amendmentsdeal with acquisition and termination of citizenship. Moreover, theConstitution has also provided citizenship rights for overseas citizenof India, Non-resident and persons of Indian Origin. The termcitizenship refers to the enjoyment of full membership of anycommunity or state in which a citizen; enjoys civil and politicalrights. It can be defined as a legal relationship of an individual witha particular state which is expressed by pledging his loyalty towardsstate and by carrying out duties like paying taxes, serving in thearmy during need, respecting national principles and values etc.2.3 RIGHTS AND DUTIES:Every state is knows by the rights it maintains. Rights arethose conditions of social life which are essential for thedevelopment of human personality and help man to be the best ofhimself. This the end of every state. It is therefore, by maintainingrights that the state can serve the purpose for which it came intoexistence and continues to exist. Rights may accordingly on thewords of Laski, be defined as claims recognised and if necessaryenforced by the state.Rights arise from the social nature of man. It is therecognition of common objective, good life by all. Good life is theessence of rights. It is in this context that Laski defines rights asthose conditions of social life without which no man seek, ingeneral, to be himself at his best. If there is no society there can beno rights. The state thus recognises maintains and co-ordinatesrights of its citizens. It is the function of the state to see thateveryone enjoys his rights equally and along with others.The state in modern world believes and promotes various rights toits citizen to create faith.Following are certain rights which are given to the citizens of acountry:1.Civil rights:Civil rights concern the life and property ofindividuals. Civil rights are generally regarded as fundamentalmunotes.in
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12because they constitute elementary conditions of social life.Without them civilised life is not possible and man does not getsufficient scope for the enrichment of his life. They consist in theright to life and property the right to contract the right to worshipand religion the right to speech opinion and assembly. In ademocratic State civil rights are duly safeguarded against anypossibility of encroachment either by government or byindividuals.2.Political Rights:The following are some of the political rightsprovided by the state to its citizen:I] The right to vote:Every citizen in a democratic country possesses the right tovote. This right he exercises by casting his vote at the time ofelection. But this right is not granted to all citizens residing in astate. Aliens and certain criminals are devoid of the right to vote.ii] The right to be elected:Every adult has got the right to be elected in a democraticcountry. He can be the representative of the people in theParliament.3. The right of Public office:All the citizens will be provided with equal opportunity in thematter of employment. No distinction shall be made on the groundsof race, caste, sex, place of birth or religion, etc.Following are certain freedom in a democratic country to its people:1. The right to criticise the government:For a healthy democracy the people must enjoy the right tocriticise the government. A part from the ruling party opposition isthe strongest weapon of a democratic government where peoplewho are elected through democratic process have all the right toquestion the governments various policies.2. Various theories of Rights:Rights have always been part of any civilised society in anypart of the world. In fact social contract theory is also one of thepromulgator of the rights and duties of the individuals in a society.Social contract theory itself is based on give and take policy wherethe people or the society surrender certain rights to a group ofpeople and in return it’s the authority or group of people in authoritypromise to protect them and their various rights in return. Thevarious theories of rights emphasize on right to life right to libertyand right to property. All these rights are also an important part ofour fundamental right.munotes.in
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13Let’sexamine what are various qualities of an Ideal Citizen:Self control:A good citizen is one who always controls his emotions andpassion. He has to keep in mind that along with him and his familythere are members in the society who also occupy a certain pieceof land temporarily or permanent resident without differentiating onthe basis of caste creed gender language colour.Sincere performance of Duties:A good and ideal citizen is one who is devoted to his duties.Whatsoever duties are assigned to him he should perform themfaithfully and not with the idea of avoiding them in anyway. If hefails to perform his duties honestly he shall be doing injustice to hisState.Public service Spirit:A good citizen is one who works with the public service spirit.He should not consider himself alone but view the nation as awhole. His education and wisdom can only be of national unitywhen that is used, with that end in view. If there is no spirit forpublic service in an individual he cannot claim himself to be a goodcitizen.Demand of Rights:Along with performing his duties a good citizen is the onewho is also aware of his rights along with his duties. He suppose toremind the government if Government become or uses arbitrarypower against its citizens.Right use of Office:A citizen who possesses a good and authoritative office dueto his qualification and calibre must not make it an office of profitrather render service to his fellowmen. He is being given this rightto use his power and authority for benefit of other citizenFUNDAMENTAL RIGHTS:Fundamental rights are the rights granted by the Constitutionas special protection to the citizens of the country. Governmentswhich are democratic are bound to ensure that fundamental rightsare not denied to its citizens. Fundamental rights are those rightswhich are important for intellectual, moral and spiritual developmentof individuals. As these rights are fundamental or essential forexistence and all round development of individuals, hence called asFundamental Rights. These are enshrined in Part iii [Articles 12 to35] of the Constitution of India. These includes individual rightscommon to most liberal democracies, such as equality before thelaw, freedom of speech and expression, religious and culturalmunotes.in
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14freedom, peaceful assembly, freedom to practice religion, and theright to constitutional remedies for the protection of civil rights bymeans of writs such as habeas corpus, mandamus, prohibition,certiorari and quo warranto.Fundamentals rights apply universally to all citizens,irrespective of race, birth place, religion, caste or gender. TheIndian Penal Code [IPC] and other laws prescribe punishments forthe violation of these rights, subject to the discretion of the judiciary.Though the rights conferred by the constitution other thanfundamental rights are also valid rights protected by the judiciary, incase of fundamental rights violations, the Supreme Court of Indiacan be approached directly for ultimate justice as per article 32.The Rights have their origins in many sources, including England’sbill of rights, the United States Bill of Rights and FrancesDeclaration of the Rights of Man. There are six fundamental rightsrecognised by the Indian constitution:RIGHTS TO EQUALITY Articles 14 -18RIGHT TO FREEDOM Article 19-22RIGHT AGAINST EXPLOITATION Article 23-24RIGHT TO FREEDOM OF RELIGION Article 25-28CONSTITUTIONAL & EDUCATIONAL RIGHTS Article 29-30RIGHT TO CONSTITUTIONAL REMEDIES Article 32-35Following are the features and Characteristics of FundamentalRights:1. The Fundamental rights are not absolute. They are subject toreasonable restrictions. They strike a balance betweenindividual liberty and social Security. But the reasonablerestrictions are subject to Judicial review.2. All the Fundamental Rights can be suspended except thefundamental rights guaranteed under article 20 and 21.3. Right to freedom is automatically suspended during Emergency.Some of the Fundamental rights are of the Indian citizens only,but some can be enjoyed by both citizens and aliens.4. Fundamental Rights can be amended but they cannot beabrogated. The abrogation of Fundamental Rights will violatethe basic structure of the Constitution.5. Fundamental Rights are both positive and negative. Thenegative rights prevent the state from making discrimination.6. Some Fundamental rights are available against the state. Somerights are available against individuals.munotes.in
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157. Some Fundamental Rights may not be available to personnelserving in the defence forces. They cannot enjoy all thefundamental rights.8. The fundamental rights are social and political in character. Noeconomic rights have been guaranteed to the Citizens of India,although without them the other rights are of little or of nosignificance.RIGHT TO EQUALITY Article 14-18:The right to equality includes equality before the law, theprohibition of discrimination on grounds of religion race castegender or place of birth equality of opportunity in matters ofemployment the abolition of untouchability and abolition of titles. Itis the right of every citizen to be treated equal in the eyes of lawwithout considering the social financial status. Nobody should bedifferentiated on the basis of male and female when the Law treatseveryone equal no body no governing authority nor can any poweror position make changes in the treatment.RIGHT TO FREEDOM Article 19-22:The right of freedom includes freedom of speech andexpression assembly association or union or cooperativesmovement residence and right to practice any profession oroccupation. This right gives its citizen to move freely in any part ofIndia without any restriction or hurdle. It also ensures that peoplecan also opt for any occupation of their choice if they possess theQualification for the same which is required. Also people can shiftanywhere for their profession or occupation in any state of theirchoice within the boundaries of India. The most important right isspeech which enables its citizens to speak for and against thepolicies framed by the parliamentarians for its people. The humanemotions can be well articulated through their expression could beanger happiness sadness or may be aggression. It gives aconfidence to then people saying that their opinions also matter inthe administration. Human being is a social animal is being cited bymany philosopher’s and social scientist in fact forming associationsbased on various aspects of choice likes thinking or any otheraspect is correctly protected in this right.RIGHT AGAINST EXPLOITATION Article .23-24:The right against exploitation prohibits all forms of forcedlabour, child labour and trafficking of human beings. This right alsoprotects the rights of female’slabours who were paid less wagesthan males even though their kind of work and working hours weresame. Females are the easiest targets for a male dominant societyfor exploitation. They are the one who are considered as themunotes.in
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16weakest section of the society. There are so many cases against inregard to sexual harassment at work place on women. Favoursover time promotion increment are some of the reasons wherefemales become easy targets for the Capitalist or owners ofmanufacturing units, seniors, managers and co-workers as well.Such right protects the females from all such exploitation.RIGHT TO FREEDOM OF RELIGION Article. 25-28:The right to freedom of religion includes freedom ofconscience and free profession, practice, and propagation ofreligion, freedom to manage religious affairs, freedom from certaintaxes and freedom from religious instructions in certain educationalinstitutes. Right to religion is the most important freedom and libertyas religion is the soul of every Indian. Every individual has the rightto select the religion of his own choice follow beliefs and practice.Here comes the basic right of every citizen that he or should begiven freedom to select his or her belief or stay away from anyreligious practice which is known as [atheist] forcing an individual tofollow practices hampers the right to freedom of religion.CULTURAL AND EDUCATIONAL RIGHTS Articles .29-30:Cultural and educational rights preserve the right of anysection of citizens to conserve their culture, language or script, andright of minorities to establish and administer educationalInstitutions of their choice. India is a diverse country with number ofculture language food pattern dressing sense because of which itads variety to our day today life. Every culture is unique in itself andall cultures are highly rich it could be celebrating festivals beliefs[not regarding anything related to superstition]. Dialect which islanguage the most important aspect by which human beingsconnect with each other. Every region every state has its owndifferent language and medium of communication. According to theState authority every child who is lives in India has right to free andcompulsory education. It means that a child who is with the age gapof 6 to 14 is entitled to get free and compulsory education in everygovernment run schools which is basically primary and secondaryeducation. No one should be rejected on the basis of gender castecreed language colour or race..RIGHT TO CONSTITUTIONAL REMEDIES. Article.32-35:The right to Constitutional Remedies is present forenforcement of fundamental rights. This right to privacy is anintrinsic part of Article 21 [The right to Freedom] that protects thelife and liberty of the citizens. Every citizen is entitled to such aprovision where a citizen has the right to get solutions to hisproblems. It is one of the most important fundamental right topossess constitutional remedies.munotes.in
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17Fundamental rights for Indians have also been aimed atoverturning the inequalities of pre-independence social practices.Specifically, they have also been used to abolish untouchabilitiesand thus prohibit discrimination on the grounds of religion, race,caste, sex, or place of birth. They also forbid trafficking of humanbeings and forced labour [a crime]. They also protect cultural andeducational rights of religious and linguistic minorities by allowingthem to preserve theirlanguage’sand also establish and administertheir own education institutions. They are covered in Part lll{Articles 12 to 35] of the Indian Constitution.FUNDAMENTAL DUTIES:Along with fundamental rights come fundamental duties. Itplays a very important role in the proper functioning of thegovernment where the government provides certain rights to itspeople and citizens follow certain duties in return. The concept ofPolitical Obligation is very much directly related to duties. Theconstitution (Forty second) amendment Act, 1976, broke newgrounds by introducing the innovative concept of FundamentalDuties of the Indian citizens in the Constitution. For this purpose, anew part iv A consisting of Article 51 A has been added to theconstitution.Following are various Fundamental duties:1. To abide by the constitution and respect its ideal and institutions;2. To cherish and follow the noble ideals which inspired our nationalstruggle;3. To uphold and protect the sovereignty, unity and integrity ofIndia;4. To defend the country and render national service when calledupon to do so;5. To promote harmony and the spirit of common brotherhoodamongst all the people of India transcending religious, linguisticand regional diversities,6. To renounce practices derogatory to dignity of women,7. To value and preserve the rich heritage of our composite culture;8. To protect and improve the natural environment including forests,lakes, rivers, and wild-life and to have compassion for livingcreatures;9. To develop the scientific temper, humanism and the spirit ofinquiry and reform;10. To safeguard public property and to abjure violence;munotes.in
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1811. To strive towards excellence in all spheres of individual andcollective activity, so that the nation constantly rises to higherlevels of endeavour and achievement.The importance of the fundamental duties is as follows:1.The Fundamental Duties are non-controversial in nature:Politicians of different views agree on the utility andimportance of Fundamental Duties. They are in the best interest ofthe country and awaken patriotism among the citizens.2. The Fundamental Duties create consciousness among thepeople:The fulfilment of the fundamental duties is voluntary and notcompulsory. The will slowly awaken the conscience of the people todo their duties3. The Fundamental Duties are the ideals and the guidelines for theindividual:These rights are ideal in nature and lead the citizen in theright direction. The environment of selfishness is rampant in thecountry. There is no balance between the interests of the societyand individual. This tendency is eroding the society. Fundamentalduties would serve as an ideal behaviour to all of them.Ac i t i z e no fI n d i ai se n t i t l e dw i t hm a n yr i g h t sp r i v i l e g e ’ sbenefits and so on but the most important part lies with his duties.Duties are the heart of citizen of any country as when the Stateprovides various rights it also expects certain duties to beperformed by the society and its people.2.4 DIRECTIVE PRINCIPLES OF STATE POLICY:INTRODUCTION:Inspired by the Constitution of Ireland, the DirectivePrinciples contain the very basic philosophy of the Constitution ofIndia, and that is the overall development of the nation throughguidelines related to social justice, economic welfare, foreign policy,and legal and administrative matters. The Directive Principles arecodified versions of democratic socialist order as conceived byNehru with an admixture of Gandhian thought.However, the Directive Principles cannot be enforced in acourt of law and the State cannot be sued for non-compliance ofthe same. This indeed makes the Directive Principles a verymunotes.in
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19interesting and enchanting part of the Constitution because while itdoes stand for the ideals of the nation, these ideals have not beenmade mandatory.These lay down that the State shall strive to promote thewelfare of people by securing and protecting as effectively as itmay, a social order, in which justice-social, economic and political-shall form in all institutions of national life. The directiveprinciples are not enforceable in court it plays animportant role in development and progress of nation andsociety. Directive Principles of State Policy and FundamentalRights under Indian Constitution provides concrete base for socialand economic justice in India.Importance of Directive Principles of State Policy:Directive Principles of State Policy aim to create social andeconomic conditions under which the citizens can lead a good life.They also aim to establish social and economic democracy througha welfare state. They aim at achieving social and economicdemocracy for establishing a welfare state. Directive Principles areclassified under the following categories: Gandhian, economic andsocialistic, political and administrative, justice and legal,environmental, protection of monuments and peace and security.The Constitution lays down certain Directive Principles ofState Policy, which though not justifiable, are 'fundamental ingovernance of the country', and it is the duty of the State to applythese principles in making laws.Fundamental Rights are justifiable, as they can be enforced,whereas the directive principles are non-justifiable, in that, they arenot enforceable in the court of law. While fundamental rightsestablish political democracy, directive principles set social andeconomic democracy.The vision of the five National Goals and DirectivePrinciples compelled post- independence governments to deliversocial, economic and political development with consideration toequality, economic self-reliance, national sovereignty andprotection of the natural environment.Types of Directive Principles or Division of Directiveprinciples:Socialist Directives:This part contains the directives for securing the welfare ofthe people of India, equal distribution of the material resources ofthe country protection of the fundamental rights of the children andyouth, equal pay for equal work, education etc.Gandhian Directives:munotes.in
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20Under these directives are the guidelines for organisingvillage panchayat, prohibition of intoxicating drinks and cowslaughter, secure living wage, decent standard of life, and topromote cottage industries, to provide free and compulsoryeducation to all the children up to 14years of age.Liberal Intellectual Directives: In this section there are guidelinesfor uniform civil code throughout the country and the legislatures tofollow in issuing orders or making lawsThere are a total of21DPSPs in the Indian Constitution.1.An article 36 & 37 doesn’tcontain any directive but dealwith the definition of State and significance of directiveprinciples respectively.2.Articles 38 to 51 actually contain the DPSPs. And then thefollowing directives under Articles- 39A, 43A, 43B and48A- are added by various constitutional amendments. Soat o t a lo f18DPSPs are in Part IV of the IndianConstitution. These are divided into three broadcategories: Socialistic Principles, Gandhian Principles andLiberal-Intellectual Principles.3.3DPSPs are outside Part IV of the Constitution. They arecontained in Articles 335, 350A and 351.APPLICABILITY:Directive Principles of State Policy are the guidelines orprinciples given to the federal institutes governing the state of India,to be kept in citation while framing lows and policies. Theseprovisions are the Fundamental for the governance of the countryand are not enforced by any court. They can be amended bySpecial Majority.The Rights have legal sanctions andthe principles ensure moral and political sanctions. The Rights tendto secure welfare of the individual while welfare of the community ispromotes by the principles. Almost all the Rights are directlyenforceable but separate legislation is required for implementingthe principles.In a nutshell, the Directive Principles consist of the followingguidelines for the States: The State should strive to promote thewelfare of the people. Maintain social order through social,economic and political justice. The State should strive towardsremoving economic inequality.Inspired by the constitution of Ireland the Directive principlescontain the very basic philosophy of the constitution of India andthat is the overall development of the nation through guidelinesmunotes.in
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21related to social justice economic welfare foreign policy and legaladministrative matters. The Directive principles are codifiedversions of democratic socialist order as conceived by Nehru with acombination of Gandhian thought.Features:In short the directive principles consist of the followingguidelines for the states:The state should strive to promote the welfare of the peopleMaintain social order through social economic and politicaljusticeThe state should strive towards removing economic inequalityRemoval of inequality in status and opportunitiesTo secure adequate means of livelihood for the citizensEqual opportunityfor both men and womenPrevention of child abuseEnsure proper working conditions and a living wageAssistance to the needy including the unemployed sick disabledand old peopleThe state should endeavour towards a uniform civil code for allthe citizens of IndiaConclusion:However the Directive principles cannot be enforced in acourt of law and the state cannot be sued for not fulfilling theguidelines. This indeed makes the Directive principles a veryinteresting and enchanting part of the Constitution because while itdoes stand for the ideals of the nation these ideals have not beenmade mandatory.References:1. Durga Das Basu: An Introduction to the Constitution of India.2. P.M. Bakshi: Constitution of Indiamunotes.in
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223THE LEGISLATURE AND JUDICIARYUnit Structure3.1 Objectives3.2 Introduction3.3 The Union Legislature3.4 The Lok Sabha3.1 OBJECTIVES:The objective of this Unit is to make the students understandthe Union Legislature of India that is the Parliament of Indiaconsisting of the two houses the Lok Sabha nd the Rajya Sabha. Itbecomes important to understand these topics as it in theParliament that the laws are formulated for the entire country. Theunit tries to make the students aware about the basic organization,functions, presiding officers of both the houses.3.2 INTRODUCTION.The term legislature can be defined as the organized bodyhaving the authority to make laws for a political unit. India has bothUnion as well as State legislatures. The Parliament of India is thelegislative branch of the Indian Government. There exists twomodels of legislature–the Parliamentary form of government andthe Presidential form of government. India after Independence hasadopted the Parliamentary form of government, which is alsodescribed as the ‘Westminister’ model of government.3.3 THE UNION LEGISLATUREThe Indian Parliament according to the article 79 consists of:a. The President.b. The Lok Sabha or the House of Peoplec. The Rajya Sabha or the Council of States.1) THE RAJYA SABHA/ COUNCIL OF STATES.1.1 - Composition of the Rajya Sabha.The Rajya Sabha also known as the Council of States is theUpper house of the Indian Parliament. The Constitution of India hasmunotes.in
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23fixed the maximum membership of Rajya Sabha at 250. Out of 250members, 238 members are elected indirectly from the states andthe Union territories of India. The elections to the Rajya sabha areindirect in nature as the members of the various state legislativeassemblies elect the members on the basis of proportionalrepresentation by means of single transferrable vote system. Theseats to various states are allotted on the basis of population andhence they vary from state to state. For instance, Uttar Pradeshsends 31 members to the Rajya sabha while Maharashtra sends19. However, out of the seven Union territories of India only twoi.e. Delhi and Puducherry have representation as the other unionterritories have little population to receive nomination. ThePresident nominated 12 members who have special knowledge orpractical experience in various fields like art, literature, science andsocial service.1.2 - Duration.The Rajya Sabha is a permanent body and hence it cannotbe dissolved. One-third of the members of the Rajya Sabha retireevery second year. Fresh elections are conducted for the vacantseats and the presidential nominations take place at the beginningof every third year. The retiring members can be re-elected or re-nominated for any number of times. The Representation ofPeople’s Act of 1951 has provided that the term of office of amember of the Rajya Sabha shall be for six years.1.3 -Qualifications of the Members of Rajya Sabha.1. He/ She should be a citizen of India.2. He/ She must not be less than 30 years of age.3. He / She must subscribe and oath or affirmation stating to beartrue faith and allegiance to the Constitution of India and upholdthe sovereignty and integrity of India.4. He/ She must possess other qualifications as prescribed theParliament from time to time.1.4 Disqualifications of the members of the Rajya Sabha.According to the Constitution, a person can be disqualifiedas an elected member if:1. If he/ she hold any office of profit under the Union or stategovernment.2. If he/ she is of unsound mind and is so declared by the court.3. If he/ she is not a Indian citizen and if he/ she has acquired thecitizenship of the foreign state.4. If he/she is so disqualified under any law made by theParliament of India.munotes.in
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241.5 Rajya Sabha–Officials.The Vice President of India is the presiding officer of the ex-officio chairman of the Rajya sabha. The Deputy Chairman of theRajya sabha is elected from amongst the members of the RajyaSabha and discharges the duties in the absence of the Chairman.The Chairman of the Rajya Sabha can be removed from hisoffice only if he/ she is removed as the Vice President of India. Incase of any periods, when the Vice President is required to act asthe President, he/ she refrain from performing the duties of theChairman of the Rajya Sabha. The Chairman is not the member ofthe Rajya Sabha. He/ She however can cast a vote in case of a tie.The Deputy Chairman of the Rajya Sabha is elected by themembers of Rajya Sabha from amongst themselves. He/ Sheperforms the duties or the functions of the Chairman when theoffice falls vacant or in case or absence or if the Chairman isrequired to act as the President.1.6 :Special Powers of the Rajya Sabha.The Rajya Sabha has been accorded special powers by theConstitution that is not enjoyed by the Lok Sabha.1. According to article 249, the Rajya Sabha can authorize theParliament to make a law on the subject enumerated in thestate list.2. According to article 312, the Rajya Sabha can authorize theParliament to create a law relating to the All India Services.CHECK YOUR PROGRESSQ. Explain in detail the Upper house of the Indian Parliament?munotes.in
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253.4 THE LOK SABHA.1C o m p o s i t i o no ft h eL o kS a b h a /H o u s eo fP e o p l e .The Lok Sabha is the lower house of the Union legislature ofIndia. The maximum strength of the Lok Sabha is 552 membersout of which 530 members are elected by the states while 20members are elected from the Union territories, and the rest 02members are nominated by the President from the Anglo- IndianCommunity. The representatives from the states are directlyelected by the people on the basis of Universal Adult Franchise.According to the Union territories (Direct Election to the House ofPeople) Act 1965, the members to the Lok Sabha are chosendirectly by the people.2. DurationThe lok sabha is not a continuing chamber. The normal termof the lok sabha is for five years from the date of its first meetingafter the general elections. The president is authorized to dissolvethe Lok Sabha any time. The term of the lok sabha can beextended during the period of emergency for one year at a time.However, the extension can’t continue after six months after theemergency has ceased to operate.3T e r r i t o r i a lC o n s t i t u e n c i e s .For the purpose of conducting direct elections to the LokSabha the country is divided into territorial constituencies. For thiseach state is allotted seats on the basis of its population. Forinstance, Uttar Pradesh a highly populated state sends 80members to the Lok Sabha, Maharashtra sends 48 members whilesparsely populated states like Mizoram and Nagaland send 01member each.4R e s e r v a t i o no fS e a t s .The Constitution of India provides for the reservation ofseats to the Schedule Caste and the Schedule Tribes on the basisof the population. Originally, the provision of reservation was madefor ten years however time and again it has expanded byamendments to the constitution. The 95thAmendment to the IndianConstitution has extended it till 2020.5Q u a l i f i c a t i o n so ft h em e m b e r so fL o kS a b h a .1. He/ She should be a citizen of India.2. He/ She must not be less than 25 years of age.3. He / She must subscribe and oath or affirmation stating to beartrue faith and allegiance to the Constitution of India and upholdthe sovereignty and integrity of India.4. He/ She must possess other qualifications as prescribed theParliament from time to time.munotes.in
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265. He/ She must possess other qualifications as prescribed theParliament from time to time.6D i s q u a l i f i c a t i o n so ft h em e m b e r so fL o kS a b h a .According to the Constitution, a person can be disqualifiedas an elected member if:1. If he/ she hold any office of profit under the Union or stategovernment.2. If he/ she is of unsound mind and is so declared by the court.3. If he/ she is not an Indian citizen and if he/ she has acquired thecitizenship of the foreign state.4. If he/she is so disqualified under any law made by theParliament of India.7L o kS a b h a -O f f i c i a l s .The Speaker and the Deputy Speaker constitute the officials of theLok Sabha.Speaker of the Lok Sabha.The presiding officer of the Lok Sabha is called as theSpeaker. He/ She is elected by the Lok Sabha from amongst itsmembers. The speaker is elected for a term of five years. Thespeaker remains in office during the life of the lok sabha howeverhas to vacate the office if:a. If he / she ceases to be the member of lok sabha.b. If he/ she resigns.c. If he/ she is removed by a resolution supported by the majoritymembers of the Lok Sabha after giving 14 days prior notice tothe speaker.8- Role, Powers, Functions of the Speaker.1. To preside over the house and the meetings of the Lok Sabha.2. To maintain the order and decorum of the house for the smoothconduct of the business.3. To interpret the provisions of the (i) the Indian Constitution (ii)the rules of procedure and the conduct of the Lok Sabha.4. To adjourn the house and also suspend it in case of absence ofthe quorum i.e. one-tenth of the total membership of the house.5. In case of a tie, he / she can cast a vote.6. To preside over the joint sitting of the two houses.munotes.in
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277. To appoint the chairman of all the parliamentary committees ofLok Sabha and supervise their functioning.8. To certify if a bill is a money bill or not.9. He/ She is the custodian of the rights and privileges of themembers of the house.10.To disqualify a member in case of defection.11.To accept the resignation of the members of the house.12.All the bills, motions, reports are introduced with the priorpermission of the Speaker.9D e p u t yS p e a k e ro ft h eL o kS a b h a .The Deputy Speaker is also elected by the members of theLok Sabha from amongst its members The speaker remains inoffice during the life of the Lok Sabha however has to vacate theoffice if :a. If he / she ceases to be the member of Lok Sabha.b. If he/ she resigns by addressing the resignation to theSpeaker.c. If he/ she is removed by a resolution supported by themajority members of the Lok Sabha after giving 14 daysprior notice to the speaker.The Deputy Speaker performs the duties when theSpeaker’s office falls vacant or the Speaker remains absent.CHECK YOUR PROGRESSQ. Explain in detail the lower house of the Indian parliament?munotes.in
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28V. Legislative ProcedureThe procedure followed in both houses to pass bills into actis same. The bills go through the same stages in both houses. Billscan be public bills- introduced by minister or private bills-introduced by anyone but a minister.Quorum:Under article 100(3) of the Indian Constitution, the onetenth of the total membership of the house is called as Quorum. Ifthere is Quorum, only then the business of the house can betransacted.There are generally four types of bills that are introduced inthe Indian Parliament.1. Ordinary BillsBills that are concerned with any matter other than FinancialBills, money Bills and Constitutional Amendment Bills.2. Money Bills:These Bills deal with the taxes, public expenditure, consolidatedand contingency funds, audit and accounting, etc.3. Financial BillsA Bill dealing with revenues or expenditure but is certified asMoney Bill by the Speaker is a Financial Bill.4. Constitutional Amendment BillsThe bills that are concerned with the amendment of theprovisions of the Indian constitution.1. Ordinary bills.First Stage/ Reading of the bill:It can be introduced by a minister or any member of thehouse in either house of the Parliament. The member whointroduces the bill asks for the leave of the house. If granted he/she introduces the bill by reading its title and objectives. Nodebates take place at the time of the introduction of the bill. The billis then published in the Gazette of India. If any member opposesthe bill, the member is asked to give the reason to oppose the billand the question is put to vote. If the house is in favor of theintroduction of the bill it then goes to the next stage. Thus, theintroduction and the publication of the bill constitute the first stage.munotes.in
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29Second Stage/ Reading:This stage is describes as the most important stage as notonly does the bill undergo a general discussion but it also assumeda detailed scrutiny and gets the final shape. Here, the house cantake the bill for:i. The General Discussion StageThe printed copies of the bill are given to all house membersand the house has the following options:-a. It may take the bill for immediate consideration .b. It can be referred to a select committee of the house(where the bill has originated).c. It can be referred to a joint committee of both houses.d. It can be circulated for public opinion.In the first case i.e. if the bill is taken up for immediateconsideration then amendments to the bills and clause by clauseconsiderations to the bill are undertaken and voting takes place.ii. The Committee Stage.In this stage the bill is generally referred to the selectcommittee, which examines the bill in detail discusses it clause byclause. It can also amend the provisions of the bill and after thescrutiny the committee reports the bill back to the house. Then,each clause is discussed and voting takes place separately, themembers can alsomove amendments to the bill and if accepted thebill goes for the third reading.Third Stage/ Reading:In this stage the discussion is limited to the acceptance andrejection of the bill. If the majority members present and votingaccept the bill, then it is regarded as passed by that particularhouse. Then, the bill is transmitted to the second house for itsconsideration and approval. The second house has to undergo allthe stages as in the originating house. The second house has threeoptions:a. It may pass the bill as send by the first house.b. It may pass the bill by certain amendments and return itto the first house for reconsideration.c. May reject the bill.d. May not take any action resulting in a deadlock betweenthe two houses.munotes.in
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30If the originating house accepts the amendments made bythe second house then the bill is deemed to have been passed andis given to the President for his/her assent.Whereas, if the first house does not accept the amendmentor the second house rejects the bill or does not take any action forsix months then there is a deadlock. It is resolved by the Presidentwho has the power to summon the joint meeting of both thehouses. In the joint sitting if the majority of the members pass thebill then it is sent to the President for the assent. If not, then the billlapses.The Assent of the President.After a bill is passed by both the houses either separately orthrough a joint sitting then it goes to the President for his/her assentto the bill. The President has the following options:a. May give the assent to the bill.b. May withhold the assent to the bill.c. May return the bill for reconsideration to the houses.If the President gives the assent to the bill it becomes anAct. If the President withholds the assent then it does not becomean act. If the President send back the bill for reconsideration and itis again passed by both the houses then the President has to givehis or her assent.Thus, the three readings together followed by the assent ofthe President are described as the Legislative or the law makingprocedure.2. Money Bills.Money bill is a bill that deals with the revenue andexpenditure except a financial bill is a money bill. The Speaker ofthe Lok Sabha has the sole power to certify whether a bill is amoney bill or not. The Constitution has laid down a specialprocedure to pass the money bills. The money bill can beintroduced in the Lok Sabha only after the recommendation of thePresident. Such a bill is supposed to be introduced only by aminister and is hence called as the government bill.If the money bill is passed by the Lok Sabha it then goes tothe Rajya Sabha. The Rajya Sabha does not have the power toamend the bill or reject the bill, however it has the power to makecertain recommendations to the Lok Sabha. It must return themoney bill back to the Lok Sabha in 14 days with or withoutrecommendations. The Lok Sabha has the power to accept orreject the recommendations. In any case, the bill is deemed to bemunotes.in
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31passed by the LokSabha. If the Rajya Sabha doesn’t return the billback in 14 days, then it deemed to have been passed by it.Once the bill goes to the President for the assent, he/ shemay either give the assent and it becomes an Act. The Presidentcan however with hold his assent but cannot return it back to thehouse for re consideration. Usually the President gives the assentas the bill is introduced with the prior permission of the President.CHECK YOUR PROGRESSQ. Describe in detail the Legislative Procedure?
VI. Parliamentary Privileges.Parliamentary privileges refer to the legal immunities,exemptions enjoyed by the members of both the houses. It alsoextends to the persons who can take part and speak in theproceedings of the house. Some of the privileges enjoyed by themembers are:a. Freedom of speech in Parliament.b. The members enjoy freedom from arrest in any civil case 40days before and after the adjournment of the house and alsowhen the house is in session. It is not applicable to criminalcases and preventive detention.c. They are exempted from attending court as a witness or canrefuse to give evidence when the Parliament is in session.d. No person shall be held liable for publishing any reports,discussions etc. of the house under the authority of the memberof the house.munotes.in
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32CHECK YOUR PROGRESSQ. Explain the different Parliamentary privileges enjoyed by theMembers of the Parliament?
VII Parliamentary devices to control the Executive.1. Question Hour:The first hour of a sitting of house is devoted to theQuestions. Asking questions is an inherent right of members ofParliament. There are questions on every aspect of administrationand activity of the government. Government policies in national aswell as international spheres come into sharp focus. If the memberis not satisfied by the answer received, he /she can request thepresiding officer to open up the issue for a discussion.2. Zero hourThe question hour is followed by the "Zero Hour". It starts ataround 12 noon and members can, with prior notice to the Speakerbefore 10.00am by clearly stating the issue that has to be raisedand taken for discussion during the zero hour.3. Short Duration DiscussionAs per the Rule of procedure and conduct of business in LokSabha under rule 193 there is a provision of Short durationdiscussion. It is a time where the embers can raise questions inurgent issues of public importance.4. Calling Attention MotionWith the prior permission of the presiding officer a membermay call the attention of a minister on a particular issue that needsurgent hearing. The questions placed mainly pertain to the UnionGovernment.5. Adjournment motionThe adjournment motion is moved with the consent of thespeaker. It is a motion adopted to set aside the normal functioningof the house and adopt issues that are of urgent public importance.munotes.in
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33The main motive of this motion is to take the government at a taskfor the recent acts that have a serious consequence.6. No confidence motionIn the house, the government is always supposed to enjoythe majority. They demonstrate their majority by moving the Motionof Confidence. This motion pertains to the ruling party and thecouncil of Minister as they are collectively responsible to the house.However, passing a vote of no confidence against an individualmember is not permissible. If the motion is passed then thegovernment is bound to vacate the office.CHECK YOUR PROGRESSQ. Describe the various legislative devices to control theExecutive?
VIII Parliamentary Committees.The Parliament has voluminous functions to perform. It alsolacks expertise and has to deliver in a short span of time. Hence,the Parliament is assisted by a number of committees to scrutinizethe legislative and other issues. The parliamentary committees areclassified into two categories:a.Standing Committees- It refers to the committees that areconstituted periodically or yearly and are continuous in nature.The Standing committees are divided into six types:i. Financial Committees : The financial committees consist ofthree important types :-The Public Accounts Committee.This committee examines the annual accounts of theGovernment and the accounts showing appropriation of differentsums granted by the Lok Sabha. It scrutinizes the report of theComptroller and Auditor General (C.A.G.) in regard to theappropriation accounts of the Government.munotes.in
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34The Estimates Committee.It examines the estimates in order to make suggestion inregard to economy and improvement in organizational, suggestalternative policies for bringing efficiency and economy inadministration, examine whether the money is well laid out withinthe limits of the policy and the form in which the estimates are to bepresented to the Parliament.The Committee on Public Undertakings.It examines the reports and accounts of the PublicUndertakings specified in the Rules of the Lok Sabha , the reportsof the C.A.G. in regard to a Government undertaking, if theGovernment undertakings are being run according to appropriateprinciples and norms and other matters which may be referred bythe Speaker to the Committee.The Rules Committee of the Lok Sabha recommendedsetting up of 17 department related standing committees (DRSCs)in 1993. In 2004 the number was increased from 17 to 24.The main motive of the DRSCs is to give more accountabilityto the Executive i.e. the Council of Ministers and the Parliament.Besides these committees, there are committees which areclassified as Other Standing Committees. They are as follows:-i.Committees to Inquire–that includes–Committee onPetitions, Committee of Privileges and Ethics Committee.ii.Committee to Scrutinize and Control- that includesCommittee on Government Assurance, Committee onsubordinate legislation, committee on papers laid on the table,committee on welfare for SC’s and ST’s, committee onEmpowerment of women, Joint Committee on Offices for Profit.iii.Committee relating to the day to Day business of thehouse-it consists of the Business Advisory committee, Committeeon Private members bills and resolutions, the Rules Committee,and the Committee on absence of members from the sittings of thehouse.iv.House Keeping Committee/ Service Committees-it consistsof the General Purpose Committee, the House Committee, theLibrary Committee, and Joint Committee on salaries andallowances of members.b. Ad Hoc Committees :Ad hoc committees are divided into two types: Inquiry andAdvisory Committees.munotes.in
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35Inquiry Committee- Inquiry committees are constituted fromtime to time by either by the two houses or by the speaker or thechairman. It includes the following: Five year plans , Railwayconvention committee, etc.Advisory committee- it consist of select or the jointcommittees on bills that have to consider the report on bills. Theyare different from other ad hoc committees as the procedure to befollowed by them is laid down in the Rules of procedure anddirections by the speaker or the chairman.CHECK YOUR PROGRESSQ. Elaborate on the various Parliamentary Committees?
IX. The Judiciaryof IndiaThe Judicial structure of India consists of a three tier systemi.e. the Supreme Court of India which is the apex court. Followed byit are the High Courts of various states whereas the last tier is theDistrict and the Sessions court.
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36A. The Supreme Court of IndiaThe inauguration of the Supreme Court of India took placeon 28 January 1950. It succeeded the Federal Court of India thatwas set up by the Government of India Act 1935. It is the highestcourt of appeal in the entire country and the decisions of the courtcannot be questioned. The jurisdiction of the Supreme Court ofIndia extends throughout the country. Articles 124 to 147 of theConstitution of India deal with the Supreme Court of India andelaborate upon the organization, jurisdiction, independence etc.i. Composition :Initially the Supreme Court comprised of 01 Chief justice and07 other judges. The Parliament has over the years increased thenumber of judges and at present the Supreme Court comprises of01 chief justice and 30 other judges.ii. Appointment of the Judges:The President of India appoints the Judges and the ChiefJustice of the Supreme Court of India. The President howeverconsults other judges as he/ she deems fit before appointing thechief justice. The President is also required to consult the chiefjustice while appointing the judges.The system of appointment and transfer of judges aredecided by the collegiums system which came into being by thevarious interpretations of the constitutional provisions by theSupreme Court called as the Judges Cases. It is a system whereinappointments and transfers of judges of are decided by acollegium. The collegiums of the Supreme court comprises of theChief Justice of India and the four senior-most judges of theSupreme Court while the High Court Collegiums consist of theChief Justice and four senior most judges of that particular court.The 99thAmendment to the Constitution, 2014 and theNational Judicial Appointment Commission Act, 2014 (NJAC) hadreplaced the collegiums system and established National JudicialAppointment Commission. However, in the year 2015 the SupremeCourt of India declared both f them as null and void and continuedwith the previous system of collegiums.iii. QualificationsTo be appointed as the judge of the Supreme Court a personshould posses the following qualifications:i. He / She should be a citizen of India.ii. He/ She should have been a judge of high court or various highcourts in succession for at least five yearsorhe/ she shouldmunotes.in
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37have been an advocate of a high court various high courts insuccession for at least ten yearsorin President’s opinion he/she should have been a distinguished jurist.iv. OathsThe Person appointed as the judge of the Supreme Courtbefore entering the office has to take the following oath before thePresident of India:a. Bear true faith and allegiance to the Constitution of Indiab. Uphold the sovereignty and integrity of Indiac. Duly and faithfully and to the best of my ability, knowledgeand judgment perform the duties of my office without fear orfavor, affection or ill-willd. Uphold the Constitution and the lawsv. Tenure and RemovalThe judge of the Supreme Court of India remains in office tillhe/ she attains the age of 65. The other ways when the judgevacates his/ her office before the completion of the tenure is:If he/ she resigns by addressing to the President of India.If he/ she is removed by an order of the President supportedby not less than 2/3 rd members present and voting of both thehouses of the Parliament only in case of misbehavior or incapacityvi. Salaries and AllowancesThe salaries, pensions, privileges, etc are determined fromtime to time by the Parliament. They cannot be varied to theirdisadvantage except during the financial emergency i.e. Article360.vii. Seat of the Supreme CourtThe Supreme Court’s original seat is atDelhi; however theConstitution authorizes the chief justice to appoint another place orplaces as the seat of the Supreme Court.viii. Practice after RetirementThe constitution has mandated that no person afterretirement as a judge from the Supreme Court of India can practicein any court within the territory of India.ix. Ad Hoc JudgesIf there is a lack of quorum in the Supreme Court the ChiefJustice can appoint a judge of the High Court as an ad hoc judge,munotes.in
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38only after the consultation of the chief justice of that particular highcourt. Moreover, the judge who is appointed shall be qualified to beappointed as the judge of the Supreme Court of India.x. Acting Chief JusticeThe President of India is empowered to appoint a judge of theSupreme Court as the acting Chief Justice of India in followingsituations:a. If the office of the Chief Justice is vacantb. If the Chief Justice is absent temporarilyc. The Chief Justice is unable to perform the duties allotted.CHECK YOUR PROGRESSQ. Describe the Structure of the Supreme Court of India?
I. Independence of the Judiciary.The Supreme Court of India is the apex court and is also theguarantor and guardian of the fundamental rights of the citizens ofIndia. Thus, the work assigned to the Supreme Court is veryessential and so it should remain away from any encroachments,pressure and interferences of both the executive and thelegislature. Hence, the Indian Constitution has made certainprovisions to preserve the independence and the impartiality of theSupreme Court of India, which are as follows:i. Appointment:The Judges of the Supreme Court are appointed by thePresident of India in consultation with the judiciary. Thus, it curtailsthe absolute choice of the executive and makes sure thatappointments are not political in nature.munotes.in
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39ii. Tenure:The judges of the Supreme Court enjoy a fixed tenure andcan be removed by the President only on the ground mentioned inthe Constitution.iii. Service Conditions:The salaries, allowances, privileges, leave and pensions ofthe judge are determined by the Parliament from time to time andcannot be changed to their disadvantage except during the financialemergency that allows them to discharge their functions impartially.iv. Expenses on Consolidated Fund of IndiaThe allowances, salaries, pensions, and administrativeexpenses are al charged from the Consolidated Fund of India whichis non-votable in the Parliament.v. Conduct of judgesThe Constitution of India does not allow any discussion ordebate in the parliament of India regarding the conduct of thejudges in discharge to their duties. This can only be done when theimpeachment motion is taking place.vi. No practice after retirementThey judges of the Supreme Court of India are not allowedto plead before any authority or any Court in India after theirretirement that preserves their dignity.vii. Contempt of CourtThe Supreme Court enjoys the power to maintain itsdignity, authority and honor and therefore van punish any personfor the contempt of Court. The decisions given and actions taken bythe Supreme Court cannot be criticized or opposed by anyone inthe country.viii. Appointment of the staffThe executive cannot interfere in the appointments of thejudges, servants. This power has been vested to the Chief Justiceof India. Thus the Supreme Court is independent to decide its ownstaff.munotes.in
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40CHECK YOUR PROGRESSQ. Is the Judiciary in India independent? Explain in detail
II. Jurisdiction and the Powers of the Supreme Court ofIndia.The Supreme Court of India enjoys powers and extensivejurisdiction. The various jurisdictions enjoyed by the Supreme Courtcan be grouped as follows:1. Original JurisdictionSupreme Court is the Highest Interpreter of the Constitutionand settles the disputes between:a. Government of India and one or more statesb. Government of India and State(s) on one side and State(s) inother sidec. Between two or more states.The Supreme Court has exclusive jurisdiction meaning noother court is entitled to decide such disputes in the country.However, the dispute should involve a question whether of law orfact on which depends existence of a legal right which the court iscalled upon to determine.The Supreme Court is also entitled to declare nay law as nulland void or unconstitutional if it is an infringement of theFundamental Rights of the citizens.2. Writ JurisdictionThe Supreme Court is the guarantor and defender of thefundamental rights of the people. If the fundamental rights areviolated then the writ jurisdiction of the Supreme Court permits theCourt to issue various writs enumerated in the article 32 of themunotes.in
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41Indian Constitution. It consists of Habeas Corpus, Mandamus,Prohibition, Certiorari and Quo Warranto. This writ also comesunder the original jurisdiction of the Court however; it is notexclusive in nature meaning that even the High Courts in India havethe power to issue such writs.3. Appellate JurisdictionThe Supreme Court is the highest court of appeal in thecountry. It hears the appeal against the judgments given by thelower courts in India. It enjoys the following appellate jurisdiction:a. Appeal in Constitutional Cases:An appeal can be filed in the Supreme Court against thedecision given by the high court if the high court certifies that aparticular case involves a substantial question of law that needs aninterpretation to the Constitution of India.b.Appeal in Civil Cases:An appeal can be filed in the Supreme Court from anyjudgment of the High Court if it certifies that the case involves aquestion of general importance and that it needs to be decided bythe Supreme Court.c. Appeal in Criminal CasesAn Appeal can be filed in the Supreme Court against thejudgment in a criminal proceeding of a high court if the high court–(i) has on appeal reversed an order of acquittal of an accusedperson and sentenced him/her to death (ii) has taken a case fromthe Subordinate Court, convicted the accused person andsentenced him to death (iii) certifies that the case is a fir one forappeal to the Supreme Court of India.d.Appeal by Special Leave.The Supreme Court has the power to grant a special leave inany issue from any judgment passed by a tribunal or any court inthe country except Military tribunal and the Court Martial. It has fouraspects: (i) it cannot be claimed a right as it is a discretionarypower (ii) can be granted in any judgment both final andinterlocutory.4. Advisory Jurisdiction:The article 143 of the Indian Constitution authorizes thePresident of India to seek the advice of the Supreme Court in (i)munotes.in
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42question of a fact or law having public importance that is likely toarise or has already arisen. (ii) on any pre- constitutional treaty,agreement etc . Some examples of such an appeal are Delhi LawsAct, 1951, Sea Customs Act, 1963, Presidential Elections, 1974,Cauvery Water disputes Tribunal, 1992.5. A court of Record :The judgments, proceedings and acts of the Supreme Courtare recognized as legal precedents and legal references. They arerecorded for testimony. They are of evidentiary value and cannot bequestioned when produced before any court.6. Judicial ReviewJudicial review means the power given to the Supreme Courtto declare any legislative act or an executive order pertaining toboth the central and the state government as null and void orunconstitutional if the act or the order contravenes any provision ofthe Indian Constitution.CHECK YOUR PROGRESSQ. Describe the powers and the jurisdiction of the Supreme Courtof India?
B. The State Judiciary: High Court.Below the Supreme Court of India, there prevails the HighCourts. It has the top position in the judicial set up of the states. In1862, the high Courts in India were set up at Calcutta, Bombayand Madras. The Indian Constitution provides for a high court invery state of India, however, the Seventh Amendment Act 1956authorizes the Parliament for the establishment of a common courtfor two or more states of India. Currently, there are 24 high courtsin India. Delhi is the only union territory to have a separate HighCourt.munotes.in
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43Articles 214 to 231 in the VIthPart of the Indian Constitutiondeal with the High Courts of India.i. Organization of high courtEvery High Court consists of a Chief Justice and otherjudges appointed by President.The number of judges for the High Courts is not specified inthe Constitution and varies from State to State.ii. Appointment of the Judges:The President appoints the Chief Justice of the High Courtsof India after consulting the Chief Justice of India and theGovernor of that particular state. The President also appoints thejudges of the High Courts in India after consulting the Chief Justiceof the respective High Court. The President consults the Governorof all states in appointing the Chief Justice and Judges in case of acommon High Court.iii. QualificationsA person can be appointed as a Judge of the High Court if:He is a citizen of IndiaHe has been held a judicial office for not less than 10 years in theterritory of India ; orHe has been for at least 10 years an advocate of one or of two ormore High Courts in succession.iv. Oath or AffirmationThe person appointed as a judge of the High Court has totake an oath before the Governor of the particular state.a. Bear true faith and allegiance to the Constitution of Indiab. Uphold the sovereignty and integrity of Indiac. Duly and faithfully and to the best of my ability, knowledge andjudgment perform the duties of my office without fear or favor,affection or ill-willd. Uphold the Constitution and the laws.v. Tenure and RemovalThe judge of the Supreme Court of India remains in office tillhe/ she attains the age of 62. The other ways when the judgevacates his/ her office before the completion of the tenure is:If he/ she resigns by addressing to the President of India.If he/ she can be removed by the President after an addresssupported by the special majority of each house of parliament(i.e. majority of the total membership of that house and a majorityof not less than two-thirds members present and voting) only incase of proved misbehavior or incapacity.munotes.in
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44vi. Acting Chief Justice.The President can appoint a judge of the high court as theActing Chief Justice if:The office of Chief Justice of the High Court is vacantIf the Chief Justice is absent for a temporary period.If the Chief Justice of the High Court is not able to performhis/her duties.vii. Acting Judges of the High Court.The President of India has the power to appoint a qualified personas the acting judge of the High Court when:The judge of that high court is unable to perform his or herduties.That particular judge is appointed as the temporary ChiefJustice of that High Court.CHECK YOUR PROGRESSQ. Describe the Structure of the High Court of India?
I. Jurisdiction and Powers of the High Court.Like the Supreme Court of India, the High Court also enjoysextensive powers. The Indian Constitution does not lay down thedetailed provisions of the High Court. It only provides that the HighCourt’s powers and the Jurisdiction of the High Courts are to bethe same as before the commencement of the Constitution. TheHigh Court enjoys the following powers:1. Original Jurisdiction.It means the power of the High Courts to hear disputes in thefollowing areas:Will, marriage, divorce, contempt of court etc.munotes.in
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45Disputes concerning the election of members to the Statelegislatures and the Parliament.Concerning revenue matters.Fundamental rights of the citizens and its enforcement etc.2. Writ JurisdictionThe Constitution of India under article 226 empowers theHigh Courts of India to issue writs. These writs are Habeas Corpus,Mandamus, Certiorari, Prohibition and Quo Warranto which can beissued to enforce the fundamental rights of the citizens. It signifiesthat of the fundamental rights of the citizens are violated then thecitizen can move to the High Court directly for which the High courtcan issue writs to any person, authority.3. Appellate JurisdictionApart from the Original and Writ jurisdiction the High Courtalso enjoys Appellate jurisdiction. It means it is a court of Appeal inboth Criminal; Civil issues and hears decisions against theSubordinate Courts in its territorial jurisdiction.4. Supervisory JurisdictionOver all the tribunals and the Courts (except the Militarycourts) in its jurisdiction the High Court enjoys the power ofsupervision or superintendence. It includes:High Court can all for returns,Issue and form rules and prescribe the procedure and practicefor their workingIt also is authorized to describe the ways in which books,accounts etc are to be maintained.5. Control over the Subordinate CourtsThe various ways in which the High Court exercises itsauthority over the subordinate courts are:The Governor of the state consults the High Court of that Statewhere appointments, promotions etc of the district judges et areto be made.It also has the authority to withdraw a particular case whichinvolves a substantial question of law and requires theinterpretation of the Constitution from any subordinate court.6. A Court of RecordJust like the Supreme Court of India the High Courts ofIndia act as a Court of Record. The judgments given and theproceedings conducted are recorded for perpetual memory andmunotes.in
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46testimony. These records cannot be questioned by any subordinatecourts.7. The Power of Judicial ReviewJudicial review means the power given to the SupremeCourt to declare any legislative act or an executive order pertainingto both the central and the state government as null and void orunconstitutional if the act or the order contravenes any provision ofthe Indian Constitution. Articles 32 and 226 describe the judicialreview in the Constitution of India.CHECK YOUR PROGRESSQ. Describe the Jurisdiction and powers of the High Court of India?
C. Subordinate Judiciary In IndiaSupreme CourtHigh CourtsDistrict Court and Session Judge’s Courtmunotes.in
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47The organization of the subordinate judiciary is laid downby the States. Thus, the structure of the subordinate courts differsfrom state to state. Below the High Courts are the SubordinateCourts in every state. When the judge handles the civil cases, he orshe is known as the district judge and when he or she handles thecriminal cases he or she is called as thesession’sjudge.The district judge possesses not only the administrative butalso the judicial powers however; he or she also has supervisorypowers over the subordinate courts prevailing in the district. TheCourt of Subordinate Judge has all powers relating to civil suitswhile the Court of Chief Judicial Magistrate has all powers relatingto the criminal suits. The Chief Judicial Magistrate can decidecases of imprisonment up to seven years. The Munsif Court fallsbelow the Court of Subordinate Judge and possesses limitedjurisdiction. Whereas, the Court of Judicial Magistrate can try caseswith imprisonment up to three years.CHECK YOUR PROGRESSQ. Describe the Structure of the Subordinate Judiciary in India?
XJ u d i c i a l R e v i e w .The Indian Constitution has originally prescribed for JudicialReview in India unlike the US Constitution. The concept of judicialreview came into existence for the first time in the Marbury vsMadison case 1803. Moreover, the concept of judicial review is apart of the basic structure of the Indian constitution and thus cannotbe curtailed even by a constitutional amendment.Judicial Review is the power of the judiciary to interpret theconstitution and declare any law or order of the legislature andexecutive void, illegal or unconstitutional, if it found to violate theConstitution of India.munotes.in
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48Need of Judicial Review:For the following reasons there is a need of judicial review inthe country.a. to maintain the supremacy of the Indian Constitution.b. to maintain the balance between the center and the states.c. to ensure that the fundamental rights of the citizens areprotected.Examples:The Supreme Court has extensively used the power ofJudicial Review in India. Some of the prominent examples are: TheGolakhnath case 1967, the Kesavananada bharati Case 1973,MinervaMills’scase, 1980.Recently, in the year 2015 the SupremeCourt declared National Judicial Appointments Commission (NJAC)act, 2014 as null and void.XI Judicial Activism and Public Interest Litigation:The term Judicial Activism was first used by ArthurSchlesinger Jr. In India the concept of judicial activism wasdeveloped by Justice V.R. Krishna Iyer, Justice P.N. Bhagwati,Justice O. Chinnappa Reddy and Justice D.A. Desai in the 1970s.Judicial activism refers to the proactive role played by thejudiciary to promote justice in the society and protect the rights ofthe citizens of the country. Moreover, it also implies that thejudiciary forces the Legislature and the Executive organ of theGovernment to discharge its duties properly.The concept of Public Interest Litigationis closely associatedwith judicial activism in India. Justice V.R. Krishna Iyer and JusticeP.N.Bhagwati were the pioneers of PIL in India .In case of PIL, anyperson or an organization can move to the court for theenforcement of right of the any person or group of persons who duetot h e i ri g n o r a n c e ,p o v e r t yo ra n yo t h e rr e a s o nc o u l d n ’ ta p p r o a c hthe court. Earlier, only the aggrieved person whose rights wereviolated could move to the court.Thus PIL can be defined as:Public Interest Litigation (PIL), means a legal action initiatedin a court of law for the enforcement of public interest or generalinterest in which the public or class of the community havepecuniary interest or some interest by which their legal rights orliabilities are affected.”munotes.in
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49XII.Let’s Sum Up:Thus, in this chapter we have studied about the Legislatureand the Judiciary of India. The Lok Sabha and the Rajya Sabhacomprise of the Indian Parliament and make laws or the nation.Therefore it is very important to understand the functioning of boththe houses. The legislative or the law making procedure isdescribed in detail for the various types of bills that prevail etc. Theprivileges enjoyed by the members of the Parliament are alsomentioned and the various parliamentary committees that play animportant role in formulation of a law. It in turn is the judiciary ofIndia that checks if the laws made do not contravene the provisionsof the Indian Constitution. Thus, the role of judiciary is pertinent asit is the guarantor of the fundamental rights of the citizens. Thedetailed structure of the Supreme Court the High Court and theSubordinate courts is discussed in the chapter.munotes.in
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504THE EXECUTIVEUnit Structure4.1 Objectives4.2 Introduction4.3The president4.4The Prime Minister4.5 The Council Of Ministers4.6 Local Self Government in India4.1 OBJECTIVES:The objective of this chapter is to make the students awareof the Executive branch of the Government that mainly comprisesof the President, Prime Minister and the Council of Ministers.Moreover, the chapter also examines the process of democraticdecentralization in the country and provides a detailed analysis ofthe 73 rd and the 74thConstitutional Amendment Act.4.2 INTRODUCTIONThe Union executive of India comprises of the President, theVice-President, and the Council of Ministers. The President is thefirst citizen of India and the head of the state. He/ She is a symbolof nation’s unity and integrity. The Prime Minister is the head of theGovernment and exercises the real executive power as thePresident carries out the functions with the aid and advice of thePrime Minister and the Council of Ministers.4.3 THE PRESIDENT.a. ElectionAs per article 54 of the Indian constitution the President issupposed to be elected by an electoral college consisting of:The elected members of the Rajya Sabha as well as the LokSabha;The elected members of the Legislative Assemblies of theStates;munotes.in
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51The elected members of the National Capital Territory ofDelhi and Union Territory of Pondicherry.Thus, it has to be understood that the nominated membersof both the houses of Parliament, nominated members of thelegislative assemblies, the legislative council (both elected as wellas nominated members) , nominated members of Delhi andPondicherry do not take part in the Presidential election process. Ifin case, the assembly stands dissolved, the members are noteligible to vote in the elections of the President even if the freshelections are not conducted.In India the system of Proportional Representation by meansof Single Transferable Vote Method/System is followed in theelections of the President. Proportional representation ischaracterized by the fact that an electorate is directly proportionalto the elected body. In Single Transferable Vote System, everyelector gives first and the second preferences. If a candidatesecures in the first counting absolute majority, he/ she is declaredelected. However, the lowest polling candidate’s second preferencevotes are transferred to the other candidates till the time acandidate crosses 50% of votes. According to the Constitutionthere shall be uniformity in the scale of representation of thedifferent States at the election of the President and parity betweenthe States as a whole and the Union.b. QualificationsThe following are the qualifications needed for the office ofPresident as per Articles 58 and 59 of the Indian Constitution.He/ She should be a citizen of India.He/ She should be 35 years of age or above.He/ She should be qualified to become a member of the LokSabha.He/ She shall not be a member of either House ofParliament.He/ She shall not be a member of a House of Legislature ofany State.The President of India cannot hold any other office of profitunder the Union, State or local governments.In case a member of either House of Parliament or of aHouse of Legislature of any State is elected as the President thenhe shall be deemed to have vacated his seat in that House on thedate he assumes the office of the President of India.munotes.in
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52c. Term of OfficeThe President of India is elected for a term of five years fromthe date on which he enters his office. The office of the President ofIndia may fall vacant on the following grounds:On the expiry of the tenure of Five yearsAddressing a letter of resignation to the Vice President ofIndia.Impeachment- removal of the President.In case of death.In case of a vacancy in the Office of President, the Vice-President of India acts as the President till the time a new Presidentis elected which is within 6 months from the date of vacancy. Also,if any disputes arise due regarding the election of President theyare to be settled by the Supreme Court of India. In this situation, theVice President enjoys all the powers and immunities received bythe President. Also, the President is eligible for re-election.d. OathThe President and every person acting as President ordischarging the functions of the President before entering his/ heroffice make and subscribe an oath in the presence of the ChiefJustice of India or, in his absence, the senior-most Judge of theSupreme Court available.The Oath is subscribed as follows:"I, do swear in the name of God that I will faithfully executethe office of President of India and will to the best of my abilitypreserve, protect and defend the Constitution and the law and that Iwill devote myself to the service and well-being of the people ofIndia".e. ImpeachmentThe procedure of impeachment or removal of the Presidentof India is discussed in article 56 and 61 of the Indian Constitution.The constitution of India describes “Violation of Constitution” as thegrounds for the impeachment process. The process can begin inany house of the Indian Parliament. The charges of impeachmentshould be signed by 1/4thmember of the particular house where itinitiated and a prior notice of 14 days has to be given to thePresident. Then, it has to be passed by not less than 2/3rdof thetotal members in the house. It is then sent to the other house whichinvestigates the charges levied against the President. While theinvestigation is going, the President has the right to be present forsuch investigations. After the investigation, if the other house alsopasses the impeachment resolution by 2/3rdmajority of the totalmembership of the house then the President stands impeached orremoved from the office from the date on which the resolution ispassed. However, in this process of impeachment, it has to bemunotes.in
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53noted that the nominated members of either house of theParliament can participate while the elected members of thelegislative assemblies of the states and the Union territories of NewDelhi and Pond cherry cannot take part although they are a part ofthe election process.f. Powers and Functions of the President.According to article 53 of the Indian Constitution,Theexecutive powers of the Union shall be vested in the Presidentand shall be exercised by him either directly or through theofficers subordinate to him in accordance with thisConstitution.”The President of India enjoys the powers and performs functions asfollows:.i. Executive FunctionsThe President is at the head of the Union Executive andhence all the executive powers are exercised in his name.1. The President enjoys the power to appoint the Judges of theSupreme Court and the High Courts, the Auditor General ofIndia, the Attorney General of India, the Governors of the states.and many other high officials, such as the members of FinanceCommission, Election commission, Union Public commission,the Comptroller and Auditor General of India, the members ofthe Union Public Service Commission, the chief electioncommissioner and other election officers.2. The President also enjoys the power to appoint the PrimeMinister of India.3. With the advice of the Prime Minister, the President appoints theUnion Council of Ministers.4. He summons the leader of the political party which has obtainedan absolute majority in the Lok Sabha to become the PrimeMinister and form the Ministry.5. He/ She also enjoys the power to seek any informationregarding the administration of the Union government,proposals for legislation from the Prime Minister .6. He/ She can appoint a commission to check into the conditionsof the Schedule Caste, Schedule Tribes and the OtherBackward Classes.7. The President directly administers the union territories with thehelp of administrators who are appointed by him/her.8. He / she has the power to declare any area as a schedule areaand enjoys the power with respect to Schedule and the tribalarea.munotes.in
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54ii. Legislative Powers and FunctionsThe President shall summon and prorogue the parliament fromtime to time, can dissolve the lower Chamber of Parliament, theLok Sabha. He/ She can also call for a joint sitting of both thehouses of the Parliament which shall be presided by theSpeaker of Lok Sabha.2. The President may address either or both House of Parliament,at the first session after general election and at the first sessionof each year.3. The President may send messages to either House, or to bothHouses of the Parliament4. The President nominates a number of members in both Housesi.e in Lok Sabha 02 members from the Anglo Indian Communityand 12 members in Rajya Sabha having special and practicalknowledge of literature, science, art and social services.5. The President also has the power to appoint a member of theLok Sabha to preside over the house in case the office of boththe Speaker and the Deputy Speaker fall vacant. Similarly, he/she can appoint a member of Rajya Sabha to preside over thehouse in case the office of the Chairman and the ViceChairman remain vacant.6. A bill passed by both the Houses of Parliament requires theassent of the President to become an Act. The President maya. Give his/ her assent to the bill.b. Withhold the assentc. Return the bill (except money bill) for reconsideration.1. But, if the President returns the bill back for reconsiderationand it is passed again then he/ she does not have theoption but to give his/ her assent to the bill.2. In certain cases, prior sanction of the President is requiredfor initiating any bill for example the bill for formation of anew State or altering the boundaries of the existing Stateor States. Apart from this to introduce the Money bill priorpermission is necessary of the President of India.3. A bill passed by a State Legislature can also be sent forthe consideration of the President by the Governor of thatState.munotes.in
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55iii. Power to Promulgate OrdinancesWhen both Houses of Parliament are not session, thePresident enjoys the power to promulgate such Ordinances as perthe needs of the circumstances. However, such an ordinance shallhave the same force and effect like that of an Act of Parliament.Such an ordinance shall cease to operate unless passed by bothHouses of Parliament within the stipulated period.iv. Financial Powers and Functions1. The President causes the annual budget of the UnionGovernment to be laid before Parliament every year.No proposal for spending money or raising revenues forpurposes of government can be introduced in Parliament withoutprevious permission of the President.v. Emergency Powers of the PresidentThree kinds of Emergencies can be proclaimed by thePresident as per the Indian Constitution:1. National Emergency (Art. 352)2. Failure of Constitutional Machinery in a State or StateEmergency (Art. 356);3. Financial Emergency (Art. 360)vi. Military and Diplomatic Powers:The President is the supreme commander of the Armed forces andappoints the chiefs of Army, Navy and Air Force. It means thatthough the President has the power to take action as to declarationof war or peace or the employment of the defense force but issubjected to the approval of the Parliament.vii. Diplomatic Powers of the President of India:The president receives ambassadors, High Commissionersand diplomatic envoys from foreign nations.All international treaties and international agreements aremade in the name of the President but are subjected to theapproval of the Parliament.The President has the powers of appointing IndianAmbassadors to other countries.viii. Judicial Powers:The President has the power to grant pardon reprieves,respites & remission of punishment or to suspend remit or commutethe sentence of any person convicted of any offence.1. In all cases where the punishment & sentence is by courtmartial.munotes.in
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562. In all cases where the punishment or sentence for anoffence against a law relating to a matter to which the,executive power of the Union extends.3. In all cases where the sentence is a death sentence.Check your Progress:1.Explain the office of the President of India?2. Describe the various powers and functions of the President ofIndia?
4.4 THE PRIME MINISTERThe Prime Minister is the head of the Government. He/ Sheis appointed by the President of India. The President calls theleader of majority party in the Lok Sabha to form the government.The powers enjoyed and functions performed by the PrimeMinister are as follows:a. In Relation to Council of MinistersThe Prime minister is the head of the council of Ministers. Incase of his/her death or resignation, the entire Council of Ministersstands dissolved.1. Although the President of India appoints the Council of Ministers,it is the Prime Minister who recommends exercises the personsto be appointed as Ministers.2. The meetings of the council of ministers are presided over by thePrime Minister.3. The Prime Minister has the power to ask a minister to resign oradvise the President to dismiss him in case of difference ofopinion.munotes.in
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574. Allotment and re shuffling of portfolios among the ministers isdone by the Prime Minister.b. In Relation to the President1. He is the principal channel of communication between thepresident and the council of ministers.2. He advises the president with regard to the appointment ofimportant officials like attorney general of India, comptroller andauditor general of India, chairman and members of the UPSC,election commissioners, chairman and members of the financecommission and so on.c. In Relation to ParliamentThe prime minister is the leader of the Lower House. In thiscapacity, he enjoys the following powers:1. He advises the president with regard to summoning andproroguing of the sessions of the Parliament.2. He can recommend dissolution of the Lok Sabha topresident at any time.3. He announces government policies on floor of the House.d. Other Powers & FunctionsIn addition to the above-mentioned three major roles, theprime minister has various other roles. These are:1. He is the chairman of the Planning Com-mission (now NITIAayog), National Development Council, National IntegrationCouncil and Inter-State Council,2. He plays a significant role in shaping the foreign policy of thecountry.3. He is the chief spokesman of the Union government.4. As a leader of the nation, he meets various sections ofpeople in different states and receives memoranda fromthem regarding their problems, and so on.5. He is the crisis manager-in-chief at the political level duringemergencies. He is leader of the party in power and thepolitical head of the services.munotes.in
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58Check your Progress:1.Describe the office of the Prime Minister of India?2. Explain the different functions of the Indian Prime Minister?
4.5 THE COUNCIL OF MINISTERSThe Council of Ministers headed by the Prime Minister ofIndia is the actual executive authority in the country. Article 74 and75 of the Indian Constitution deal largely with the council ofministers.Article 74of the Constitution reads as follows:(1) There shall be a Council of Ministers with the Prime Minister atthe head to aid and advise the President who shall, in the exerciseof his functions, act in accordance with such advises. Provided thatthe President may require the Council of Ministers to reconsidersuch advice, either generally or otherwise, and the President shallact in accordance with the advises tendered after suchreconsideration(2) The advice tendered by Ministers to the President shall not beinquired into in any court.Article 75on the other hand deals with the tenure, appointment,responsibility, qualifications, oath, salary and allowances of theministers.a. Collective ResponsibilityThe principle of collective responsibility is the underlyingprinciple of Parliamentary form of government. Article 75 of theIndian Constitution states that the council of Ministers arecollectively responsible to the Lok Sabha for their acts of omissionsand commissions. In case the motion of no confidence has beenpassed in the Lok Sabha then all the council of ministers resignsalongwith the ministers in Rajya Sabha. The President can beadvised by the Council of Ministers to dissolve the Lok Sabha onthe ground that Lok Sabha no longer represents the views of theelectorate.munotes.in
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59Collective responsibility also implies that Cabinet decisionsbind all Cabinet ministers and thus it is the duty of each and everyminister to support the cabinet decisions in and out of theParliament. If the minister disagrees then he or she can resign.b. Individual Responsibility.Art. 75 also talks about individual responsibility. It mentionsthat Ministers shall hold office during the pleasure of the Presidentmeaning that the President has the power to remove a particularminister while other ministers continue to enjoy the confidence ofthe Lok Sabha. This can be done only on the advice of the PrimeMinister. An Individual Minister continues to be a member of theCouncil of Ministers till he or she enjoys the confidence of thePrime Minister. If the Prime Minister is not satisfied with the work ofa Minister or when there is a difference of opinion he or she candemand resignation from any Minister or the Prime Minister mayadvice President to dismiss the minister.i. Composition of the Council of Ministers.The composition of the Council of Ministers is divided intothree categories. They are the Cabinet Minister, Ministers of Stateand Deputy Ministers. The Prime Minister is at the apex of theCouncil of Ministers.The Cabinet Ministers:The cabinet ministers are theministers responsible for important ministries of the centralgovernment. It includes ministries like home affairs, defense,finance, external affairs etc.The Ministers of State:They are second category of ministers. A minister of statemay holds an independent charge of a small department or isattached to a Cabinet Minister. They are required to work under thecabinet ministers in case of attachment. If they exercise anindependent charge then they exercise same power and performsimilar functions in relation to the ministries or departments as thecabinet ministers do. But, it I to be noted that they are not themembers of the cabinet and do not attend the meetings of thecabinet unless invited.Deputy Ministers:The deputy ministers are attached to the Cabinet Ministersor the Ministers of State. They thus do not have an independentcharge or any department or a ministry. They also do not attend thecabinet meetings.Kitchen CabinetThe cabinet is highest decision-making body in the formalsense is, a small body consisting of the prime minister as its headmunotes.in
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60and some 15 to 20 most important ministers. However the realcenter of power is inner Cabinet or Kitchen Cabinet has becomereal centre of power. This informal body consists of the primeminister and two to four influential colleagues in whom he has faith.It gives advises on important political and administrative issues.This body also makes crucial decisions. It is composed of not onlycabinet ministers but also outsiders like friends and family membersof the prime minister:Check your Progress:1.Write in brief about the Council of Ministers?2. Explain the Collective and Individual Responsibility of the Councilof Ministers?
73rdAmendment Act to the Constitution of India.Mahatma Gandhi believed in Gram Swaraj and he pleadedfor the decentralization of power to the villages. He believed thatthe villages should govern themselves by elected panchayats inorder to be Self-sufficient. The Constitution of India made noprovisions for establishment of local self-government. However,Article 40 in the Directive Principles of the State Policy stated forthe Organization of village panchayats.The Community Development Program was initiated in theyear 1952 and in 1953 the National Extension Scheme waslaunched. Later the Government of India appointed variouscommittees to suggest measures for the process of democraticdecentralization. The committees that prominently contributedtowards it were: Balwantrai Mehta Committee, Ashok MehtaCommittee, GVK Rao Committee, LM Singhvi Committee, ThungonCommittee, Gadgil Committee.The Government of Rajiv Gandhi introduced the64thConstitutional Amendment bill in the Lok Sabha in 1989 inorder to make Panchaytai Raj System a part of the Constitution. Itmunotes.in
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61was not approved by the Rajya Sabha. However, the NarsimharaoGovernment introduced the 73rdConstitutional Amendment Act,1992 which came into force on 24thApril 1993.The act added new part IX-A to the Constitution of India andis entitled as “The Panchayats”, consisting of Articles 243 to 243 O.The act also introduced Schedule XI to the Constitution whichdeals with the article 243 G.i. Features of the 73rdConstitutional Amendment Act,1992.a. Gram Sabha :The act provides for a Gram Sabha. Gram Sabha would bethe foundation of Panchayati Raj. All the persons registered in theelectoral roll of the village in the area of the Panchayat are themembers of the Gram Sabha. It exercises powers and performsfunctions at the village level as the state legislature may determine.b. Three Tier System:The act establishes a three tier system of Panchayati Raj inevery state of India. At the village, intermediate and district levels.According to act, a state having a population not exceeding 20 lakhcan establish Panchayat at an intermediate level.c. Election of the members and Chairpersons:The act provides for direct elections of the members ofPanchayats at the village, intermediate and district levels. However,the chairpersons of panchayats at the intermediate and districtlevels should be indirectly elected by the elected members.d. Reservation of Seats:The act provides for reservation of seatsfor the SC’s andST’s in every Panchayat in proportion of their population to the totalpopulation. The act also requires the state legislature to provide forreservation to the office of chairperson in panchayat for themembers of the SC and ST.The act also mandates for the reservation of 1/3rdof totalmember of seats for women (including the number of seatsreserved for women from the SC’s and ST’s). Also, not less than1/3rdseats of the total number of offices of chairperson should bereserved for women.munotes.in
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62e. Duration of Panchayats:According to the act, the duration of office would be of fiveyears at every level of the Panchayat. It can be dissolved beforethe completion of the term and fresh elections should be conducted(a) before the expiry of the duration of five years (b) if it is dissolvedthen before six months from the date of dissolution. Apart from thisif a new Panchayat is constituted in place of dissolved Panchayatthen it will be on office only for the remaining period. Thus, it wouldnpt enjoy a full term.f. Disqualification :A person shall be disqualified for being a member of aPanchayat, if he is so disqualified by or under any law for the timebeing in force for the purposes of elections to the Legislature of theState concerned; and if he is so disqualified by or under any lawmade by the Legislature of the State.g. State Election Commission:The act has vested the state election commission with thesuperintendence, direction and control of preparing the electoralrolls and conducting the elections to the Panchayat. For thispurpose, a state election commissioner would be appointed by theGovernor. The state election commissioner can be removed fromoffice only as per the grounds prescribed for the removal of thejudge of the high court of the state..h. Powers and Functions of the Panchayats.The State Legislatures have been given the powers to conferon Panchayats such powers and authority as may be necessary toenable them to function as institutions of self-government. They canbe given the responsibility of preparing plans and implementation ofschemes for economic development and social justice. The 11thSchedule of the Constitution describes the various powers andfunctions:1. Agriculture, including agricultural extension.2. Land improvement, implementation of land reforms, landconsolidation and soil conservation.3. Minor irrigation, water management and watershed development.4. Animal husbandry, dairying and poultry.5. Fisheries.6. Social forestry and farm forestry.7. Minor forest produce.8. Small scale industries, including food processing industries.munotes.in
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639. Khadi, village and cottage industries.10. Rural housing.11. Drinking water.12. Fuel and fodder.13. Roads, culverts, bridges, ferries, waterways and other means ofcommunication.14. Rural electrification, including distribution of electricity.15. Non-conventional energy sources.16. Poverty alleviation programme.17. Education, including primary and secondary schools.18. Technical training and vocational education.19. Adult and non-formal education.20. Libraries.21. Cultural activities.22. Markets and fairs.23. Health and sanitation, including hospitals, primary healthcentres and dispensaries.24. Family welfare.25. Women and child development.26. Social welfare, including welfare of the handicapped andmentallyretarded.27. Welfare of the weaker sections, and in particular, of theScheduled Castes and the Scheduled Tribes.28. Public distribution system.29. Maintenance of community assets.".i. Finance Commission:The State Government is required to appoint a financecommission every five years, to review the financial position of thePanchayat and to make recommendation on the following issues :a. The Distribution of the taxes, duties, tolls, fees etc. levied bythe state which is to be divided between the Panchayats.b. Allocation of proceeds between various tiers.c. Taxes, tolls, fees assigned to Panchayats.d. Grant in aids.j. Applications to Union Territories:Provisions of Panchayats shall be applicable to the UTs insame way as in case of the states but the President may make anymodifications in the applications of any part.munotes.in
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64k. Exempted States and Areas :The provisions of part IX are not applicable to the following:Entire states of Nagaland, Meghalaya and Mizoram, Hill areas inthe State of Manipur for which District Councils. The provisions ofthe district shall not apply to the hill areas of the District ofDarjeeling in the State of West Bengal which affect the DarjeelingGorkha Hill Council.l. Continuance of Existing laws.The act also mandates that all state laws relating toPanchayats shall be in force until the expiry of one year from thecommencement of this act. Thus, the states were required to adoptthe new system of Panchayat within one year from 24thApril 1993.74thAmendment Act to the Constitution of India.The urban local government in India signifies thegovernance of urban area. It is to be done by the people throughtheir elected representatives. The system of urban governancecame into practice in India by the 74thAmendment Act to the IndianConstitution.The historical roots of Urban local government can be tracedback to 1687-88 when the first municipal corporation was set up atMadras and subsequently in 1726 municipal corporations were setup in Bombay and Calcutta.1870 Lord Mayo’s resolution madearrangements for strengthening the municipal institutions in India.However, it was Lord Ripon’s resolution of 1882 that is called asthe Magna Carta of local self government and Lord Ripon is calledas the father of local self government in India.The Government of India Act 1919 introduced the system ofdyarchy and the local self-government became a transferredsubject under the charge of an Indian Minister. However, under theGovernment of India Act 1935, local self government was declaredas a provincial subject.On the 6thAugust 1989, the Government headed by Mr.Rajiv Gandhi introduced the 65thConstitutional Amendment Bill. Itwas passed by the Lok Sabha but got defeated in the Rajya Sabhaand hence lapsed. Similarly, in 1990 the VP Singh Governmentintroduced the revised bill but it could not be passed as the LokSabha was dissolved. It was the government under the leadershipof PV Narsimharao that introduced the modified Municipalities billwhich emerged as the 74thConstitutional Amendment Act of 1992and came into force from 01stJune 1993.munotes.in
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65The 74thAmendment Act added a new Part IX A to theIndian Constitution.It is entitled as “The Municipalities” andcontains provisions from Articles 243 P to 243 ZG. It has alsoinserted the 12thSchedule to the Constitution and deals with article243- W.Features of the 74thAmendment Act to the Indian Constitution.1. Three Types of Municipalities :The act provides for the constitution of the following three types ofmunicipalities in every state.1. A nagar panchayat for a transitional area, that is, an area intransition from a rural area to an urban area.2. A municipal council for a smaller urban area.3. A municipal corporation for a larger urban area.2. Composition:The act provides for direct elections of all the members of amunicipality by the people of the municipal area. Each municipalarea shall be divided in territorial constituencies known as wards.The manner of election of the chairperson of a municipality may beprescribed by the State Legislature. The representation of thefollowing persons in a municipality is also determined by the act:a. Person having special knowledge or experience in municipaladministration. They would however not has the rights to vote in themeeting of municipality.b. The members of the Lok Sabha and the state legislativeAssembly representing constituencies which comprise wholly orpartly the municipal area.c. The members of the Rajya Sabha and the state legislativecouncil registered as electors with the municipal area.d. The chairpersons of committees (other than wards committees).3. Ward CommitteesThe act prescribes for the constitution of a ward committeethat would comprise of one or more wards in the area of themunicipality having a population of 3 lakhs or more.munotes.in
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664. Reservation of Seats:The Act prescribes for the reservation of seats for thescheduled castes and the scheduled tribes in every municipality inproportion of their population to the total population in the municipalarea. Reservation is provided for not less than one-third of the totalnumber of seats for women (including the number of seats reservedfor women belonging to the SCs and the STs).The state legislature has the power to provide for themanner of reservation of offices of chairpersons in themunicipalities for the SCs, the STs and the women and can alsomake provision for the reservation of seats in any municipality oroffices of chairpersons in municipalities in favour of backwardclasses.5. Duration of Municipalities:According to the act term of office for every municipality is offive years but is subjected to dissolution the completion of its term.Fresh election to constitute a municipality shall be completed (i)before the expiry of its duration, of five years; or (ii) in case ofdissolution, before the expiry of a period of six months from thedate of its dissolution.6. Disqualifications:A person shall be dis-qualified:(i) under any law for the time being in force for the purposes ofelections to the legislature of the state concerned; or (ii) under anylaw made by the state legislature.7. State Election Commission:The State Election Commission is entrusted with thesuperinten-dence, direction and control of the preparation ofelectoral rolls and the conduct of all elections of the municipalities.8. Powers and Functions:The state legislature has the power to endow themunicipalities with such powers and authority as may be necessaryto enable them to function as institutions of self- government.It may contain provisions for the devolution of powers andresponsibilities upon municipalities at the appropriate level withrespect to (i) the preparation and implementation of plans foreconomic development and social justice.munotes.in
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67The 12thSchedule of the Indian Constitution describes 18functional items:1) Regulation of land use and construction of land buildings.2) Urban planning including the town planning.3) Planning for economic and social development4) Urban poverty alleviation5) Water supply for domestic, industrial and commercial purposes6) Fire services7) Public health sanitation, conservancy and solid wastemanagement8) Slum improvement and up-gradation9) Safeguarding the interests of the weaker sections of society,including the physically handicapped and mentally unsound10)Urban forestry, protection of environment and promotion ofecological aspects11)Construction of roads and bridges12)Provision of urban amenities and facilities such as parks,gardens and playgrounds13)Promotion of cultural, educational and aesthetic aspects14)Burials and burials grounds, cremation and cremation groundsand electric crematoriums15)Cattle ponds, prevention of cruelty to animals16)Regulation of slaughter houses and tanneries17)Public amenities including street lighting, parking spaces, busstops and public conveniences18)Vital statistics including registration of births and deaths9. Finances:The state legislature may (i) authorize a municipality to levy,collect and appropriate taxes, duties, tolls and fees; (ii) assign to amunicipality taxes, duties, tolls and fees levied and collected bystate government; (iii) provide for making grants-in-aid to themunicipalities from the Consolidated Found of the state; and (iv)provide for constitution of funds for crediting all moneys of themunicipalities.munotes.in
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6810. Application to Union Territories:The President of India may direct that the provisions of thisAct shall apply to any union territory subject to such exceptions andmodifications as he may specify.11. Areas Kept Out:The Act does not apply to the scheduled areas and tribalareas of the Indian Constitution. It shall also not affect the functionsand powers of the Darjeeling Gorkha Hill Council of the WestBengal.12. District Planning Committee:Every state shall have at the district level, a District PlanningCommittee to consolidate the plans prepared by Panchayats andmunicipalities in the district, and to prepare a draft developmentplan for the district as a whole.13. Metropolitan Planning Committee:Every metropolitan area shall have a Metropolitan PlanningCommittee to prepare a draft development plan. Metropolitan areais an area having a population of 10 lakh or more, comprised in oneor more districts and consisting of two or more municipalities orPanchayats or other contiguous areas14. Continuance of Existing Laws and Municipalities:The act prescribed that all the state laws concerned withmunicipalities shall continue to be in force until the expiry of oneyear from the commencement of this Act. The states were requiredto adopt a new system of municipalities in maximum period of oneyear from 1st June 1993.However, all municipalities existing immediately before thecommencement of this Act shall continue till the expiry of their term,unless dissolved by the state legislature sooner.II. Types of Urban Governments:The act also prescribes for the constitution of eight kinds ofurban local bodies for administration of the urban areas. The typesof bodies are Municipal Corporations, Municipality, Notified AreaCommittees, Town Area Committee, Cantonment Board, Township,Port Trust, Special Purpose Agency.munotes.in
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69ConclusionThus, the executive of India consisting mainly of thePresident, Prime Minister and the Council of Ministers have a hugeresponsibility dealing with various aspects of the execution of thepolicies. On the other hand the 73rdand the 74thAmendments tothe Indian Constitution have strengthened the process ofdecentralization in the country and has improved the working ofboth the rural and urban local governments in the country.QUESTIONS;1. Explain in detail the provisions of the 73rdAmendment to theIndian Constitution?2. Describe the various functions of the Panchayats as prescribe bythe 73rdAmendment?3.Write a note on the 74thAmendment to the India Constitution?4. Explain in detail the 12thSchedule of the Indian Constitution?munotes.in