Polity for Prelims and Mains Exam

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Quality of life, life expectancy, literacy, standard of living and migration in India

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Quality of life, life expectancy, literacy, standard of living and migration in India

Human development—a comprehensive approach

  • Human development is a process of enlarging people’s choices. But human development is also the objective, so it is both a process and an outcome. Human development implies that people must influence the processes that shape their lives. In all this, economic growth is an important means to human development, but not the end.
  • Human development is the development of the people through building human capabilities, by the people through active participation in the processes that shape their lives and for the people by improving their lives.
  • It is broader than other approaches, such as the human resource approach, the basic needs approach and the human welfare approach

Measuring human development

  • The composite Human Development Index (HDI) integrates three basic dimensions of human development.
  • Life expectancy at birth reflects the ability to lead a long and healthy life.
  • Mean years of schooling and expected years of schooling reflect the ability to acquire knowledge. And gross national income per capita reflects the ability to achieve a decent standard of living.
  • To measure human development more comprehensively, the Human Development Report also presents four other composite indices.
  • The Inequality-adjusted HDI discounts the HDI according to the extent of inequality.
  • The Gender Development Index compares female and male HDI values.
  • The Gender Inequality Index highlights women’s empowerment. And the Multidimensional Poverty Index measures nonincome dimensions of poverty.

India’s Human Development Index 2016

  • India was ranked 131 in the 2016 Human Development Index (HDI) among the 188 countries.
  • India scored 0.624 and was placed in medium human development category.
  • The index was unveiled recently as part of the Human Development Report (HDR) 2016 titled Human Development for Everyone published by the United Nations Development Programme (UNDP)
  • India related facts: India’s HDI value increased from 0.428 in 1990 to 0.624 in 2015. However, its average annual growth in HDI (1990-2015) was higher than that of other medium HDI countries.
  • Life expectancy at birth: In India, it has increased from 68 years to an average of 68.3 years — 69.9 years for women and 66.9 years for men.
  • Access to knowledge: India’s expected years of schooling remains at 11.7 years, while mean years of schooling increased from 5.4 to 6.3 years.
  • India’s Gross National Income (GNI) based on per capita purchasing power parity (PPP): It has risen from $5,497 to $5,663.
  • Gender Inequality Index (GII): India ranked 125 among 159 countries. Only 12.2% of Parliament seats are held by women. 8% of women above the age of 15 years are part of India’s labour force — compared to 79.1% men. The ratio of maternal mortality is 174 against every 100000 live births.
  • Inequality-adjusted Human Development Index (IHDI): It is difference between the HDI and IHDI, expressed as a percentage of the HDI, indicating the loss in human development due to inequality.
  • India’s HDI was pegged at 0.624, but its value falls 27.2% after being adjusted for inequalities, resulting in a HDI value of 0.455.
  • Life expectancy adjusted with inequalities between 2010 and 2015 fell 24%, resulting in a value of 0.565.
  • The percentage of inequality in education in 2015 was 39.4% or 0.324 and inequality in income 16.1% or 0.512.

Social Progress Index: India’s quality of life improves

  • The measurement of quality of life is critical to understand whether economic growth is fostering social development across the globe or not.
  • It is essential to ranks countries on the basis of government’s effectiveness at meeting basic human needs, at providing a foundation for well-being with basic education and environmental protection, and at creating opportunities for all citizens to make personal choices and reach their full potential.
  • This kind of framework is being used by the Social Progress Imperative to create the Social Progress Index. It is observed that the world incorporating 128 countries scores 64.85 on social progress.
  • It registers a 2.6 percent increase from 2014.
  • The performance is best in Basic Human Needs with a score of 89.62 followed by Foundations of Well-being and Opportunity.
  • The major factors that contribute to the improvements in social progress are increased access to information & communication and enhanced advanced education landscape. On the other hand, Personal Rights which includes measures of political rights and freedom of expression is declining in most countries.
  • A rapid deterioration of rights, especially in terms of falling political participation and worsening freedom of expression and assembly, points out that the choices of citizens are being threatened.
  • Also, the advancements in Personal Safety have been intangible. This is mainly due to the reverse changes in the homicide rate and violent crimes which some countries are experiencing.

Quality of life: Which is the best Indian city to live in?

  • One of the most difficult financial decisions one has to make in life is to decide the place where they would choose to stay. The location one chooses is influenced by a host of pros and cons. The cost of living, the availability of economic opportunities, the quality of life, education facilities, among others are some of the many deciding factors.
  • Mercer, the global human resources consulting firm, has released its 18th annual Quality of Living Survey, listing 2016 city rankings of best places to live in.
  • Mercer evaluated local living conditions in more than 440 cities surveyed worldwide according to 39 factors, grouped in 10 categories such as political and social environment, economic environment, socio-cultural environment, medical and health considerations, schools and education, public services and transportation, recreation, consumer goods, housing, and natural environment.
  • As per the Mercer ranking, Hyderabad has been ranked as the best city in India to stay in with a ranking of 139 out of 230 cities in the world.
  • Pune has been selected as the second best Indian city with a rank of 144.
  • Other Indian cities that found a place in the list are: Bangalore (145), Chennai (150), Mumbai (152), Kolkata (160), and New Delhi (161).

Literacy in India

  • The 15th official census in India was calculated in the year 2011. In a country like India, literacy is the main foundation for social and economic growth. When the British rule ended in India in the year 1947 the literacy rate was just 12%.
  • Over the years, India has changed socially, economically, and globally.
  • After the 2011 census, literacy rate India 2011 was found to be 74.04%.
  • Compared to the adult literacy rate here the youth literacy rate is about 9% higher. Though this seems like a very great accomplishment, it is still a matter of concern that still so many people in India cannot even read and write.
  • The numbers of children who do not get education especially in the rural areas are still high. Though the government has made a law that every child under the age of 14 should get free education, the problem of illiteracy is still at large.
  • Now, if we consider female literacy rate in India, then it is lower than the male literacy rate as many parents do not allow their female children to go to schools. They get married off at a young age instead.
  • Though child marriage has been lowered to very low levels, it still happens. Many families, especially in rural areas believe that having a male child is better than having a baby girl. So the male child gets all the benefits.
  • Today, the female literacy levels according to the Literacy Rate 2011 census are 65.46% where the male literacy rate is over 80%.
  • The literacy rate in India has always been a matter of concern but many NGO initiatives and government ads, campaigns and programs are being held to spread awareness amongst people about the importance of literacy. Also the government has made strict rules for female equality rights. India literacy rate has shown significant rise in the past 10 years.
  • Here are some facts about different states literacy rate, Kerala is the only state in India to have 100% literacy rate. It is followed by Goa, Tripura, Mizoram, Himachal Pradesh, and Maharashtra, Sikkim.
  • The lowest literacy rate in India is seen in the state of Bihar.
  • We also need to think why is the literacy rate is low here in India compared to other developed countries. Basically the population in India is very high. Being the 7th largest country its population stands 2nd in the world after China. There are over 1 billion people in India.
  • The number of schools and educational centers especially in rural areas is less. Even today many people are below the poverty line. Also people aren’t aware that children should get free education according to the law

Standard of living in India

  • Standard of living in India varies from state to state.
  • With one of the fastest growing economies in the world, clocked at a growth rate of 7.6% in 2015, India is on its way to becoming a large and globally important consumer economy.
  • According to Deutsche Bank Research, there are between 30 million and 300 million middle-class people in India. If current trends continue, India’s share of world GDP will significantly increase from 7.3 in 2016 to 8.5 percent of the world share by 2020.
  • In 2011, less than 22 percent of Indians lived under the global poverty line, nearly a 10 percent reduction from 29.8 percent just two years prior in 2009.
  • According to NCAER, India’s middle class population would be 267 million in 2016.
  • Further ahead, by 2025-26 the number of middle class households in India is likely to more than double from the 2015-16 levels to 113.8 million households or 547 million individuals.
  • Another estimate put the Indian middle class as numbering 475 million people by 2030.
  • It is estimated that average real wages will quadruple between 2013 and 2030.
  • The standard of living in India shows large disparity.
  • For example, there is widespread poverty in rural areas of India, where medical care tends to be very basic or unavailable, while cities boast of world class medical establishments. Similarly, the very latest machinery may be used in some construction projects, but many construction workers work without mechanisation in most projects.
  • However, a rural middle class is now emerging in India, with some rural areas seeing increasing prosperity. In general, the southern Indian state of Kerala ranks top for most of the indices.
  • In 2010, the per capita PPP-adjusted GDP for India was US$3,608.

Migration in India

  • One important facet of study on population is the study of migration arising out of various social, economic or political reasons.
  • For a large country like India, the study of movement of population in different parts of the country helps in understanding the dynamics of the society better.
  • At this junction in the economic development, in the country, especially when many states are undergoing faster economic development, particularly in areas, such as, manufacturing, information technology or service sectors, data migration profile of population has become more important.
  • When a person is enumerated in census at a different place than his / her place of birth, she / he is considered a migrant. This may be due to marriage, which is the most common reason for migration among females-or for work, what is the case as generally among males, etc.
  • It also happens that many return to their place of birth after staying out. To capture such movements of population census collect information on migration by last helps to understand the current migration scenario better.
  • In India, as per census 2001, about 307 million person have been reported as migration by place of birth. Out of them about 259 million (84.2%), migrated from on e part of the state to another, i.e., from one village or town to another village or town. 42 million (2%) from out side the country.
  • The data on migration by last residence in India as per Census 2001 shows that the total number of migrants has been 314 million. Out of these migrants by last residence, 268 million (85%) has been intra-state migrants, those who migrated from one are of the state to another.
  • 41 million (13%) were interstate migrants and 5.1 million (1.6%) migrated from out side of the country.

Why do people migrate?

  • People migrate for many different reasons. These reasons can be classified as economic, social, political or environmental:
  1. economic migration – moving to find work or follow a particular career path
  2. social migration – moving somewhere for a better quality of life or to be closer to family or friends
  3. political migration – moving to escape political persecution or war
  4. environmental causes of migration include natural disasters such as flooding
  • Some people choose to migrate, eg someone who moves to another country to enhance their career opportunities. Some people are forced to migrate, eg someone who moves due to war or famine.
  • A refugee is someone who has left their home and does not have a new home to go to. Often refugees do not carry many possessions with them and do not have a clear idea of where they may finally settle.

Push and pull factors of Migration

Push factors are the reasons why people leave an area. They include:

  1. lack of services
  2. lack of safety
  3. high crime
  4. crop failure
  5. drought
  6. flooding
  7. poverty
  8. war

Pull factors are the reasons why people move to a particular area. They include:

  1. higher employment
  2. more wealth
  3. better services
  4. good climate
  5. safer, less crime
  6. political stability
  7. more fertile land
  8. lower risk from natural hazards

Migration usually happens as a result of a combination of these push and pull factors.

Functions and duties of the Indian Union and the State Governments

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Central Government

The executive powers of the President are exercised by the Council of Ministers. The Constitution provides that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the excercise of his functions”. Here the word “shall” indicates that the President cannot function without the Council of Ministers. The President is the constitutional head of State, but the real Head of the government is the Prime Minister.

The Constitution of India provides for a parliamentary system of government and, therefore, divides the executive into two parts: the nominal and real executive. The President of India is the nominal executive and the Council of Ministers is the real executive which works under the leadership of Prime Minister. Article 74, 75, and 78 of the constitution provide for provisions relating to the council of Ministers and the Prime Minister.

The  Prime  Minister  shall  be  appointed  by  the  President  and  other  Ministers  shall  be appointed by the President upon the advice of the Prime Minister. The Ministers hold office during the  pleasure  of  the  President.  The  council  of  Ministers  shall  be  collectively  responsible  to  the  Lok  Sabha.   A minister  who  for  any  period  of  six  consecutive  months  is  not  a  member  of  the Parliament shall at the expiration of that period cease to be a Minister.

The Prime Minister being the head of the Council of Ministers, selects the Ministers to be sworn in by the President. The Ministers in fact are chosen by the Prime Minister and remain Ministers as long as they enjoy the confidence of the Prime Minister. The Prime Minister distributes portfolios among Ministers. The President can change the portfolios as and when he desires. The Prime Minister can drop a Minister or ask for his/her resignation. The Prime Minister presides over the meetings of the Cabinet and conducts its proceedings. As head of the Cabinet, he/she largely influences the decisions of the Cabinet. The Prime Minister co-ordinates the working of various ministers.

The Prime Minister, as the leader of the Lok Sabha, is also the leader of the Parliament. In the  capacity  as  the  leader  of  the  majority  party  it  is  he  who  decides,  in  consultation  with  the Speaker, the complete agenda of the house. The summoning and proroguing of the house is decided upon by him. He can address each house of the Parliament but can vote only in the house to which he  belongs.  The  Prime  Minister  has  the  most  effective  power  to  ask  for  dissolution  of  the  Lok Sabha.

The Prime Minister is the Ex-officio Chairman of the Planning Commission (Now NITI Ayog) as well as of the National Development Council. He/She represents the nation at the international conferences as the head of the government.

Constitution of India states that “There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.”

State Government

State Executive : Powers and functions of Chief Minister and the Council of Ministers

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Constitution of Indian under article 163 states that  There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.Chief Minister is the head of the government in the State. The Council of Ministers with the Chief Minister as its head exercises real authority at the State level. The Council of Ministers has the following categories of ministers: Cabinet Ministers, Minister of State and Deputy Ministers.

The Chief Minister is the link between the Governor and the council of ministers. He is required to communicate to the Governor the workings of the various wings of the government. Similarly, the advice and suggestions of the Governor are communicated to the council of ministers by the Chief Minister. The Chief Minister has a pivotal role in the financial matters of a state, including the budget, basic infrastructural and developmental priorities of the state, financial planning and economic growth of the state and others.

Functions and powers of Council of Ministers:-

(1) Formulation State Policies. The Council of Ministers has the responsibility of formulating and determining the policies of the state. All the policies are discussed and decided upon by it.
(2) Running Administration. The ministers are responsible for the running the administration of the State in accordance with the policies of the government and the laws passed by the legislature.
(3) Appointment – making powers. The Cabinet, in fact the Chief Minister, makes all appointments in the state. All the appointments of the high dignitaries of the state made by the Governor on the advice of the State Council of Ministers.
(4) Law Making. It is the ministry which really decides the legislative programme. Most of the bills are introduced by the ministers in the state legislature. The Governor summons, prorogues and dissolve the State Legislature upon the advice of the Council of Ministers.

Functions of The Chief Minister:-

  • Chief Minister is the real head of the State Government. Ministers are appointed by the Governor on the advice of the Chief Minister. The Governor allocates portfolios to the ministers on the advice of the Chief Minister.
  • Chief Minister presides over the Cabinet meetings. He/she coordinates the functioning of different ministries. He/she guides the functioning of the Cabinet.
  • Chief Minister plays a key role in framing the laws and policies of the State Government. Bills are introduced by the ministers in the State legislature with his/her approval. He/she is the chief spokesman of the policies of his government both inside and outside the State Legislature.
  • The Constitution provides that the Chief Minister shall communicate to the Governor all decisions of the Council of Ministers relating to the administration and the affairs of the State and proposals for legislation.
  • The Chief Minister furnishes such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for.
  • If the Governor so requires, the Chief Minister submits for consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the Cabinet.
  • The Chief Minister is the sole link of communication between the Cabinet and the Governor. The Governor has the right to be informed by the Chief Minister about the decisions taken by the Council of Ministers.

 

Election Commission of India

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The Election Commission of India is an autonomous, quasi-judiciary constitutional body of India.It was established on 25 January 1950 under Article 324 of the Constitution of India. Originally the commission had only a Chief Election Commissioner. The commission presently consists of a Chief Election Commissioner and two Election Commissioners, appointed by the president.

The President appoints Chief Election Commissioner and Election Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India. The Chief Election Commissioner cannot be removed from office, except on the grounds and in the manner on which the Supreme Court judges can be removed. However, since the other Election Commissioners and the Regional Election Commissioners work under the Chief Commissioner, they may be removed by the President on his recommendations.

The Commission conducts elections in accordance with the constitutional provisions, supplemented by laws made by Parliament. The major laws include Representation of the People Act, 1950, which mainly deals with the preparation and revision of electoral rolls, the Representation of the People Act, 1951 which deals, in detail, with all aspects of conduct of elections and post election disputes.

Functions of The Election Commission of India

  • The Superintendence, Direction and Control of Election
  • Preparation of Electoral Rolls
  • To declare the date of Election
  • To reognise and derecognise Political Parties
  • To prepare code of conduct for Political Parties
  • Control over the staff connected with Election
  • To conduct Election
  • To establish Polling Stations
  • Safety of Ballot Boxes and Counting
  • To declare ineligible for contesting Election
  • To order Re-poll
  • To issue Direction

Electoral Reforms can be achieved by two types of measures: Preventive and Punitive

  • Preventive
    • Advertisements in the press to be issued to educate voters of their rights and responsibilities, besides highlighting ethical voting
    • Meetings with NGOs and citizens’ forums and appeal to political parties and candidates for self-restraint
  • Punitive
    • CEOs of the state would identify those constituencies which were prone to high expenditure and corrupt practices. Large number of assistant expenditure observers and more number of flying squads and surveillance teams would be posted in these constituencies
    • Expenditure observer to be appointed for each district
    • Each candidate to open a separate account for election expenditure
    • All election expenditure are to be incurred by issuing cheques
    • Banks would be required to report to the Commission any suspicious withdrawal of money exceeding Rs 1 lakh
    • Set up a 24*7 call centre and complaint monitoring mechanism
    • Static surveillance teams would keep a watch on large quantities of cash or illicit liquor or any suspicious item being carried in the constituencies
    • District level media certification and monitoring committees would go into the entire process of media advertisements to check paid news

 

Fundamental Rights

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Fundamental Rights

  • Discrimination not on grounds only of
    • Art 15: religion, race, caste, sex, place of birth
    • Art 16: religion, race, caste, sex, descent, place of birth, residence
  • Reservation
    • First Backward Classes Commission: 1953, Kaka Kalelkar
    • Second BCC: 1979, B P Mandal (by Morarji Desai govt)
    • Article 340
  • Reasonable Restrictions
    • Speech and Expression: sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation and incitement to an offence
    • Assembly: sovereignty and integrity of India and public order
    • Association: sovereignty and integrity of India, public order and morality
    • Movement: interest of general public and the protection of interests of any scheduled tribe
    • Residence: interest of general public and the protection of interests of any scheduled tribe
    • Profession: in the interest of the general public
  • Protection against self-incrimination does not extend to civil proceedings
  • Protection provided under normal detention in Art 22 not covers arrest under the orders of a court, civil arrest, arrest on failure to pay the income tax and deportation of an alien

 

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Right To Information    

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Right to information is a fundamental right of any citizen of India to know what is happening with the government. Every individual has the freedom to seek any government related information through this RTI act 2005. The Right to Information Act (2005) is one of the key legislation enacted by the Parliament which guarantees the right and freedom of every citizen of India to get the information related to our government dealings, both at centre and the states.

 

Right to Information Act 2005 mandates timely response to citizen requests for government information. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Right to Information also empower citizens to official inspect any Government work or to take sample of material used in any work.

Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression.

This act was passed in the Indian Parliament on 15th June 2005 and was brought into force on 12 October 2005.

 

Applicability: This Right to Information act is applicable to all the states and Union territories of India except the state of Jammu and Kashmir which has its own Right to Information act 2009. Every citizen of India has the right to seek information through this act. Only an Individual can use this RTI facility. A group or company cannot request for any information.

 

Covered Govt Offices: The citizen of India has all the right to seek information related to the Indian constitutional authorities, viz; the executive, the legislative, judiciary, any other institution or body constituted by the act of parliament or state legislature. Any private institution financed and supported by the constitutional authorities.

 

Who is responsible: Every government office will have its own PIO(Public Information Officer) who is responsible to accept the request from the public and provide the information within 30 days of their request. A minimum fee is charged from the public. People from BPL(Below PovertyLine) are exempted from paying any fee to seek any information. Also there are APIOs(Assistant Public Information Officers) available in the post offices located in main cities and towns.

 

Information type: This act facilitates the citizen of India to obtain government documents, to inspect government documents, to inspect government works and to get the samples. (Government document means anything big to small including the Ration card, Election ID card).

Time Frame: The time frame to obtain any information is 30 days from the date of application. If the application was submitted through APIO, then the time frame is 35 days. In the case of information relating to life and death warranting very urgent information, the information to be provided within 48 hours from the time of application.

 

Restriction of Information: There is a restriction in seeking information according to the official secret act 1923 and such information will not be revealed or provided to the citizen of India in the interest of the country’s security. No information pertaining to offices and section dealing with security of the nation which will endanger the national security, security to personnel,. Like the defence, CB CID, BSF,Police etc; However, any issues relating to malfunction or corruption in the department are excluded , and can be sought through this RTI act.

 

Appeals: An appeal can be made to the appellate authority. If the first appeal is not replied, then the second appeal can be made to the Information Commission.

 

Actions on delay information: The officer is charged Rs. 250 per day as penalty for the delay. He is likely to be charged Rs. 25000 for providing wrong information or for denial of information, and disciplinary action will be initiated against the officer who fails to provide information and if his explanation is not duly justified.

 

Word limit: There is no word limitation when the act was brought into force. Now the government is thinking to impose restriction on the word limit to 500 words per application.

 

Right to information act helps the citizen to exercise their fundamental right to get information without any denial from the authorities. It helps the people to get the information pertaining to self relating to the government. It also helps to find out the corrupt functioning of the government and its officials. It keeps a check on government to conduct its business in a very fair manner. This act creates a fear in the minds of government servants to think and work that they are the servants of the people of this nation. Many government scandals have been brought out

to light with the help of this good act.

 
This Right to Information act has been conceived and delivered in a better shape that will lead India to move forward by reducing corruption in government departments. With this a government servant recognizes and respects the citizen of India and the government fears its people for wrong doings.

 

Federal Dynamics.

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Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.

 

A federation is traditionally constituted when two or more independent neighboring states forge a Union for defined purposes of common interest by divesting themselves of a measure of sovereignty which is vested with the federal government. “The urge for union comes from the need for collective security against aggression and economic co-ordination for protection and expansion of trade and commerce. The federation is given only enumerated powers, the sovereignty of the states in the Union remains otherwise unimpaired”.

 

“A Federation in USA is of this type. Alternatively, a federation is formed when a sovereign authority creates autonomous units and combines them in a Union.” Once constituted, the national and state governments possess co-ordinate authority derived from the several constitutions and enjoy supremacy in their respective spheres of authority and jurisdiction. Canadian federation belongs to this category. However, the differences between the two lie in the degree and extent of emphasis on unitary features.

 

Characteristic Features of Federalism are:-

 

(i) Supremacy of Constitution:-Supremacy of the Constitution is a doctrine where by the Constitution is the supreme law of the land and all the State organs including Parliament and State Legislatures are bound by it. They must act within the limits laid down by the Constitution. They owe their existence and powers to the Constitution and, therefore, their every action must have its support in the Constitution.

 

(ii) The distribution among bodies with limited and co-ordinate authority, of different powers of government;

 

(iii) The authority of the courts as interpreters of the Constitution;

 

(iv) Double citizenship is another characteristic of some of the Federation.

 

 

 

A unitary system on the other hand has the highest degree of centralization. In a unitary state, the central government holds all the power. Lower-level governments, if they exist at all, do nothing but implement the policies of the national government. In a purely unitary state, the same set of laws applies throughout the nation, without variation. Unitary states create national policy, which is then applied uniformly. This uniformity sometimes serves as an advantage because people and businesses know exactly what to expect from the laws, regardless of geographical location. At the same time, to maintain its uniformity, a unitary government must overlook local differences that might call for different rules or policies.

 

Example: Most absolute monarchies and tyrannies operate under unitary systems. But democratic unitary states exist as well. In France, for example, the central government makes virtually all of the decisions.

 

The Indian Federation is a federation of its own type. It does not fall into either of the two conventional categories. The British provinces though largely autonomous after the attainment of independence in 1947 did not possess the attributes of sovereignty. Their position was just like Canadian provinces. They could not therefore form a compact of their own for common purposes of supra-provincial importance.

 

Moreover, the Union was not brought into existence by the British before they relinquished power. The representatives of the Indian people assembled in a Constituent Assembly and decided on the structure of the Union. Hence, they provided for the distribution of authority and functions between the national and regional governments.

 

The Indian Constitution, no doubt, fulfills some conditions of a federation, but it leans towards a strong Centre, it is a stable union of states and provinces (now termed as states) which have neither lost their entities nor claim complete autonomy. Evidently it does not violate the essentials of a federal polity. However, our federal system has been adjusted to the needs of our country, which has been falling prey to the foreign invaders on account of it being a house divided against itself.

 

Unitary nature of Indian constitution:

 

On the other hand the Indian constitution also incorporates many features of a unitary state. The unitary features of Indian constitution is given below:

 

  • It provides for single citizenship an integrated judiciary, dominance of bureaucracy, uniformity at the top levels, and above all gives greater powers to the union Government.
  • The Indian constitution sets up a very powerful union Government. A review of the division of powers in the Indian constitution clearly shows strong bias in favor of the union Government and several limitations on the autonomy of state Governments. For example, during the proclamation of a national emergency the union government can legislate on the subjects in the state list and can control the executive powers of the state government.
  • It is not only during an emergency that the Indian constitution becomes unitary in character. Even in its normal working, the union Parliament can reorganize the states or alter the boundaries by a simple majority vote, even without the consent of the legislature of the state so affected.
  • In case there is a conflict between a union law and a state law, the union law will prevail.
  • The state governors are appointed by the President.
  • State governments don’t have separate constitution of their own. They derive their powers from the same constitution, i.e., the Constitution of India.
  • There is a single judicial system in India. The highest judicial forum is the Supreme Court. The high courts and other lower courts are sub-ordinate to Supreme Court.

Union Judiciary : The Supreme Court ; its role and powers

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The Supreme Court is the highest court of The Indian Republic.  Judiciary, the third organ of the government, has an important role to play in the governance. It settles the disputes, interprets laws, protects fundamental rights and acts as guardian of the Constitution. India has a single unified and integrated judicial system and that the Supreme Court is the highest court in India.

The  promulgation  of  Regulating  Act  of  1773  by  the  King  of  England paved the way for establishment of the Supreme Court of Judicature at Calcutta. The Letters of Patent was issued  on 26 March  1774 to establish  the  Supreme Court  of  Judicature  at  Calcutta,  as  a  Court  of  Record,  with  full  power  & authority  to  hear  and  Supreme_Court_of_Indiadetermine  all  complaints  for  any  crimes  and  also  to entertain, hear and determine any suits or actions against any of His Majesty’s subjects  in  Bengal,  Bihar  and  Orissa.  The  Supreme  Courts  at  Madras  and Bombay was established by King George – III on 26 December 1800 and on 8 December 1823 respectively.

Federal Court of India was established under the Government of India Act 1935. The Federal Court  had  jurisdiction  to  solve  disputes  between  provinces  and  federal  states and  hear  appeal  against  Judgements  from  High  Courts.

After  India  attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.

The Chief Justice and other judges of the Supreme Court are appointed by the President of India. While appointing the Chief Justice, the President is constitutionally required to consult such other judges of the Supreme Court as he deems proper, but outgoing Chief Justice is always consulted. Normally, the senior most judge of the Supreme Court is appointed as the Chief Justice of India, although there is no constitutional requirement to do so. While appointing other judges, the President is bound to consult the Chief Justice and other senior judges, if he deems proper.

The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges – leaving it to Parliament to increase this number.

According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court which takes up appeals against judgments of the High Courts of the states and territories.

The Supreme Court is a Court of Record. It has two implications. All its decisions and judgments are cited as precedents in all courts of the country. They have the force of law and are binding on all lower Courts, and indeed the High Courts. As a Court of Record, the Supreme Court can even send a person to jail who may have committed contempt of the court.

As a Federal Court: Supreme Court is the Federal Court of India, India being a federation; powers are divided between the Union and State governments. The Supreme Court of India is the final authority to see to it that the division of powers as specified in the constitution is obeyed by both the Union and the State governments. So, Article 131 of the Indian Constitution vests the Supreme Court with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.

Interpreter of the Constitution and Law: The responsibility of interpreting the constitution rests on the Supreme Court. The interpretation of the constitution which the Supreme Court shall make must be accepted by all. It interprets the constitution and preserves it. Where a case involves a substantial question of law as to the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie to the Supreme Court for interpretation of the question of law raised.

As a Court of Appeal: The Supreme Court is the highest court of appeal from all courts in the territory of India. Appeal lies to the Supreme Court of the cases involving interpretation of the constitution. Appeals in respect of civil and criminal cases also lie to the Supreme Court irrespective of any constitutional question.

Advisory Role: The Supreme Court has an advisory jurisdiction in offering its opinion an any question of law or fact of public importance as may be referred to it for consideration by the President.

Guardian of the Constitution: The Supreme Court of India is the guardian of the constitution. There are two points of significance of the Supreme Court’s rule as the protector and guardian of the constitution.

  • First, as the highest Federal Court, it is within the power and authority of the Supreme Court to settle any dispute regarding division of powers between the Union and the States.
  • Secondly, it is in the Supreme Court’s authority to safeguard the fundamental rights of the citizens.

In order to discharge these two functions it is sometimes necessary for the Supreme Court to examine or review the legality of the laws enacted by both the Union and the State Governments. This is known as the power of Judicial Review. Indian Supreme Court enjoys limited power of Judicial Review.

Writ Jurisdictions: Under Article 32 of the constitution of Supreme Court can issue Writs for the enforcement of fundamental rights. These writs are in the nature of Habeas Corpus, Mandamas, Prohibition, and Quo-warranto Certiorari.

Power of Judicial Review and Supreme Court: The power of the Judiciary to examine the validity of such law is called Judicial Review. The Supreme Court of India enjoys limited power of Judicial Review. Judicial Review empowers the courts to invalidate laws passed by the legislature. Supreme Court of India also enjoys the power of Judicial Review. If it occurs to the Supreme Court that any law enacted by Parliament or by a State Legislature curbs or threatens to curb the citizen’s fundamental rights, the Supreme Court may declare that law as unlawful or unconstitutional.

Integrity in Administration including measures and mechanism for Prevention of Corruption and Malpractices in India.

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Integrity

 

Integrity is one of the most important and oft-cited of virtue terms. The concept of integrity has to do with perceived consistency of actions, values, methods, measures, principles, expectations and outcome. When used as a virtue term, “integrity” refers to a quality of a person’s character. Some people see integrity as the quality of having a sense of honesty and truthfulness in regard to the motivations for one’s actions. Persons of integrity do not just act consistently with their endorsements, they stand for something: they stand up for their best judgement within a community of people trying to discover what in life is worth doing. Some commentators stress the idea of integrity as personal honesty: acting according to one’s beliefs and values at all times. Speaking about integrity can emphasize the “wholeness” or “intactness” of a moral stance or attitude. Some of the wholeness may also emphasize commitment and authenticity. In the context of accountability, integrity serves as a measure of willingness to adjust value system to maintain or improve its consistency when an expected result appears incongruent with observed outcome. Some regard integrity as a virtue in that they see accountability and moral responsibility as necessary tools for maintaining such consistency.

 

The Legal Framework

 

The assessment of the legal and institutional anti-corruption framework points to a combination of robust institutions and lack of accountability in key areas. Some institutions such as the Supreme Court or the Election Commission have taken a stronger stance to combat malpractice in recent years, while key pieces of legislation such as the RTI Act promote greater bureaucratic transparency, granting citizens access to public records. Important mechanisms are –

 

 

Prevention of Corruption Act, 1988 (POCA) is India’s principal legislation against corruption. Its main thrust is to prohibit public servants from accepting or soliciting illegal gratification in the discharge of their official functions. In addition, bribe-givers and intermediaries may be held liable under POCA for bribing public officials. However, prosecution under POCA requires prior approval of high authorities which severely limits its usefulness particularly where there is collusive activity within government branches.

In addition to POCA’s prohibitions, various sections of the Indian Penal Code (IPC) provide criminal punishment for public servants who disobey relevant laws or procedures, frame incorrect or improper documents, unlawfully engage in trade, or abuse their position or discretion.

The Prevention of Money Laundering Act 2002 seeks to prevent money laundering including laundering of property through corruption and provides for confiscation of such a property. It mainly targets banks, financial institutions and intermediaries such stock market intermediaries. They must maintain records of all transactions exceeding Rs 10 lakhs. Later amendment has also brought non-profit organizations under PMLA. They have been the typical conduits for terror organizations. The Enforcement Directorate recently began action to attach properties of DMK-controlled Kalaignar TV under the PMLA to recover Rs 215 crore in connection with the 2G scam for which DMK MP Kanimozhi is in jail along with A Raja.

The 2005 Right to Information (RTI) Act represents one of the country’s most critical achievements in the fight against corruption. Under the provisions of the Act, any citizen may request information from a “public authority” which is required to reply within 30 days. The Act also requires every public authority to computerize its records for wide dissemination and to proactively publish certain categories of information for easy citizen access. This act provides citizens with a mechanism to control public spending. Many ani-corruption activists have been using the RTI to expose corruption. Lack of legal protection against whistleblowers, however, puts them in risky situation and many RTI activists have lost their lives in last six years.

There are various bodies in place for implementing anti-corruption policies and raising awareness on corruption issues. At the federal level, key institutions include the Supreme Court, the Central Vigilance Commission (CVC), the Central Bureau of Investigation (CBI), the Office of the Controller & Auditor General (C&AG), and the Chief Information Commission (CIC). At the Sate level, there are local anti-corruption bureaus such as the Anti-corruption Bureau of Maharashtra.

In recent years, the Supreme Court has taken a stronger stance against corruption. It has challenged the powers of states in several instances. For example, in 2007 in Uttar Pradesh, it challenged the state governor’s powers to pardon politically connected individuals based on arbitrary considerations. In other instances, judges have taken on a stronger role in responding to public interest litigation over official corruption and environmental issues.

 

The Central Vigilance Commission (CVC) is the apex watchdog agency established in 1964. The CVC can investigate complaints against high level public officials at the central level; not at the state level. In 2005-09, CVC slapped penalties on 13,061 CASES (average 2612 per year). It Oversees and supervises vigilance and anti-corruption work in all central government ministries, departments and PSUs. All group A officers (joint secretary and above) come under its ambit.

Limitation: Needs prior sanction to prosecute. Cannot probe officials below Jt Secy level until government refers case. Limited staff, normally on deputation.

 

The Central Bureau of Investigation (CBI) is the prime investigating agency of the central government and is generally referred to as a credible and respected institution in the country. It is placed under the Ministry of Personnel, Pensions & Grievances and consists of three divisions: the Anti-Corruption Division, the Special Crimes Division and the Economic Offenses Division. The Supreme and High Courts can instruct the CBI to conduct investigations. It investigates offenses by central government and PSU employees. States too can seek help. Also probes criminal cases.

Limitation: Cannot probe or frame charges on its own. Cases have to be referred. Is under government control and not autonomous.

 

The Office of the Comptroller and Auditor General (C & AG) is the apex auditing body. The C & AG has produced several reports on state departments such as railways, public sector enterprise, and tax administration. These reports have revealed many financial irregularities, suggesting a lack of monitoring of public expenses, poor targeting and corrupt practices in many branches of government. The most recent example is its report on Commonwealth Games that nailed the corrupt organizing committee members. It audits accounts of all government departments/ ministries/PSUs. Look into discrepancies of expenses made by government/departments government controlled companies. Submits reports to Parliament that are then referred to the Public Accounts Committee.

 

Limitation: Limited to audits and accounts. Cannot probe corruption as defined by the Prevention of Corruption Act; has powers only to recommend; no investigative or prosecution powers.

 

The Chief Information Commission (CIC) was established in 2005 and came into operation in 2006. It has delivered decisions instructing government, courts, universities, police, and ministries on how to share information of public interest. State information commissions have also been opened, thus giving practical shape to the 2005 Right to Information (RTI) Act. Of India’s 28 states, 26 have officially constituted information commissions to implement the RTI Act.

 

Pending Anti-Corruption Legislation

 

Important pieces of anti-corruption legislation have been pending for years, including the Corrupt Public Servants Bill, the Lok Pal Bill, which is supposed to address corruption in high offices, including the office of the Prime Minister, and the Judge Inquiry Bill designed to introduce an inquiry mechanism for allegations and complaints against members of the judiciary.

 

Distribution of powers between the Union and States (Union list, State list and Concurrent list) – Issues and challenges.

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The Indian constitution provides for a federal framework with powers (legislative ,executive and financial) divided between the center and the states. However, there is no division of judicial power as the constitution has established an integrated judicial system to enforce both the central laws as well as state law. The Indian federation is not the result of an agreement between independent units, and the units of Indian federation cannot leave the federation.Thus the constitution contains elaborate provisions to regulate the various dimensions of the relations between the centre and the states.

To understand the topic first we must understand the concept of federalism….

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.

A federation is traditionally constituted when two or more independent neighboring states forge a Union for defined purposes of common interest by divesting themselves of a measure of sovereignty which is vested with the federal government. “The urge for union comes from the need for collective security against aggression and economic co-ordination for protection and expansion of trade and commerce. The federation is given only enumerated powers, the sovereignty of the states in the Union remains otherwise unimpaired”.

“A Federation in USA is of this type. Alternatively, a federation is formed when a sovereign authority creates autonomous units and combines them in a Union.” Once constituted, the national and state governments possess co-ordinate authority derived from the several constitutions and enjoy supremacy in their respective spheres of authority and jurisdiction. Canadian federation belongs to this category. However, the differences between the two lie in the degree and extent of emphasis on unitary features.

Characteristic Features of Federalism are:-

(i) Supremacy of Constitution:-Supremacy of the Constitution is a doctrine where by the Constitution is the supreme law of the land and all the State organs including Parliament and State Legislatures are bound by it. They must act within the limits laid down by the Constitution. They owe their existence and powers to the Constitution and, therefore, their every action must have its support in the Constitution.

(ii) The distribution among bodies with limited and co-ordinate authority, of different powers of government;

(iii) The authority of the courts as interpreters of the Constitution;

(iv) Double citizenship is another characteristic of some of the Federation.

A unitary system on the other hand has the highest degree of centralization. In a unitary state, the central government holds all the power. Lower-level governments, if they exist at all, do nothing but implement the policies of the national government. In a purely unitary state, the same set of laws applies throughout the nation, without variation. Unitary states create national policy, which is then applied uniformly. This uniformity sometimes serves as an advantage because people and businesses know exactly what to expect from the laws, regardless of geographical location. At the same time, to maintain its uniformity, a unitary government must overlook local differences that might call for different rules or policies.

Now coming back to our main topics Administrative, Legislative and Financial Relationship between centre and state

Administrative relations between the Centre & the States:

The administrative relations between the Centre and the States have been stated from Article 256 to Article 263 of the Constitution. As a rule, the Central Government exercises administrative authority over all the matters on which the Parliament has the power to make laws, whereas the State Governments exercise authority over the matters included in the State List.   The executive power of the State is to be exercised in compliance with laws made by the Parliament. Also, the Union Executive is empowered to give directions to a State, when necessary like- construction and maintenance of means of communications, declared to be of national and military importance, and also on the measures for the protection of Railways.Article 256 of the Constitution states that the executive power of the states shall be so exercised as to ensure compliance with the laws of Parliament.

Also the union executive power extends to the giving of such directions to the states as may appear to the Government of India to be necessary for the purpose.  It is further stipulated under Article 246 of the Constitution that if the state government fails to endorse the laws passed by the Parliament within its jurisdiction, the union government can issue directions to the states to ensure their compliance. This article lays down that it shall be the duty of the states to exercise its executive power so as to ensure that due effect is given within the state to every act of Parliament and to every existing law which apply in that state. This is a statement of constitutional duty of every state.

Legislative relations between the Centre & the States:

  • Union List Only Parliament can make laws in the case of a subject listed in the Union list. It has 100 subjects for now.
  • State List Only state can make laws in the case of a subject listed in the State List. It has 61 subjects for now.
  • Concurrent  List:- Parliament and state (both) are allowed to make laws on the subjects listed in this list. If both have made laws on the same subject then the central law overrides the state law. It has 52 subjects for now.

42nd Amendment Act, 1976 transferred 5 Subjects from state list to concurrent list. (those five subjects were – education, forests, weights and measures, protection of wild animals and birds and administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts.

 

Financial relations between the Centre & the States:
• The essence of federalism is not just the distribution of functions but also the distribution of resources necessary for the adequate & effective performance of
these functions.
• No system of federation can be successful unless both the union and the states have at their disposal adequate financial resources to enable them to discharge their respective responsibilities under the constitution.
• In the Indian constitution, the union – state financial relations are given in Chapter one of Part XII running from Art. 264 to 293.

Under the Constitution the financial resources of the State are very limited though they have to do many works of social uplift under directive principles. In order to cope with their ever-expanding needs, the Central Government makes grants-in-aid to the States. Grant- in-aid to States , through it Central Government exercises a strict control over the States because grants are granted subject to certain conditions.

The Indian constitution provides for a federal framework with powers divided between the Centre and the states. The Financial powers entrusted by the Constitution reflect a clear asymmetry between the taxation powers and the functional responsibili-ties, with the Centre being assigned taxes with higher revenue potential and States being entrusted with more functional responsibilities.  The Constitution provides, under Article 280, the institutional mechanism of Finance Commission and other enabling provisions for the transfer of resources from the Centre.

The Role of the Finance Commission under Indian Constitution are to make recommendation to the President with regard to following matters:
a) To determine the scheme that governs the matters relating to the distribution of net proceeds of taxes which are in the divisible pool, between the Centre and States.  images
b) To make recommendations, to determine the principle that would regulate or govern the revenues to the States from the Central Revenue in the form of Grant in Aid to the needy States
c) This function of the Commission is included by the way of 73rd and 74 Constitutional Amendment to strengthen the financial Status of the local bodies by providing the supplement to the resources of the Panchayats and Municipalities in the States on the basis of the recommendation of State Finance Commission from the Consolidated fund of the State.
d) The last function of the Commission as provided by the Constitution under Article 280 3(d) is very vast any matter relating to the Fiscal interest between the intergovernmental bodies can be referred to the Commission by the President, These function or Terms of Reference, which broadly fixed by the Constitution itself; while at the same time an element of flexibility is built into these terms of reference under sub clause (d) of Article 280(3). Under this Clause the President has a power to refer any matter to the Commission ‘in the interests of sound finance.