Polity for Prelims and Mains Exam

Well defined Notes for Polity specifically designed by PSC Toppers and Guides for PSC Prelims and Mains Exam

Constitutional Amendment methods and important constitutional amendments.

by

 

Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority and voting. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. As of July 2017 there have been 118 amendment bills presented in the Parliament, out of which 98 have been passed to become Amendment Acts.

Bills seeking to amend the Constitution are of three types:—

(1)   Bills that are passed by Parliament by simple majority;

(2)   Bills that have to be passed by Parliament by the special majority prescribed in article 368(2) of the Constitution; and

(3)   Bills that have to be passed by Parliament by the special majority as aforesaid and also to be ratified by not less than one-half of the State Legislatures.It includes the Constitution Amendment Bills which seeks to make any change in articles relating to:—

  • the election of the President, or
  • the extent of the executive power of the Union and the States, or
  • the Supreme Court and the High Courts, or
  • distribution of legislative powers between the Union and States, or representation of States in Parliament, or
  • the very procedure for amendment as laid down in article 368 of the Constitution

 

Amendments of constitution                 

 

  1. 1951 To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law.
  2. 1953 A technical amendment to fix the size of each parliamentary constituency between 650,000 and 850,000 voters.
  3. 1955 LS limit of 500 members, one member of a constituency represents between 500000 and 750000 people.
  4. 1955 Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution.
  5. 1955 Provides for a consultation mechanism with concerned states in matters relating to the amendments to the territorial matters and in the re-naming of the state.
  6. 1956 Amend the Union and State Lists with respect to raising of taxes.
  7. 1956 Reorganization of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories.
  8. 1960 Clarify state’s power of compulsory acquisition and requisitioning of private property and include Zamindari abolition laws in Schedule 9 of the constitution.
  9. 1960 Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.
  10. 1961 Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.
  11. 1961 Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament.Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college.
  12. 1961 Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal.
  13. 1963 Formation of State of Nagaland, with special protection under Article 371A.
  14. 1962 Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.
  15. 1963 Raise retirement age of judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.,
  16. 1963 Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates.
  17. 1964 To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution
  18. 1966 Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.
  19. 1966 Abolish Election Tribunals and enable trial of election petitions by regular High Courts.
  20. 1966 Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh.
  21. 1967 Include Sindhi as an Official Language.
  22. 1969 Provision to form Autonomous states within the State of Assam.
  23. 1970 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1980.
  24. 1971 Enable parliament to dilute fundamental rights through amendments to the constitution.
  25. 1972 Restrict property rights and compensation in case the state takes over private property.
  26. 1971 Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
  27. 1972 Reorganization of Mizoram into a Union Territory with a legislature and council of ministers.
  28. 1972 Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence.
  29. 1972 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
  30. 1973 Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law.
  31. 1973 Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise.
  32. 1974 Protection of regional rights in Telengana and Andhra regions of State of Andhra Pradesh.
  33. 1974 Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker.
  34. 1974 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
  35. 1975 Terms and Conditions for the Incorporation of Sikkim into the Union of India.
  36. 1975 Formation of Sikkim as a State within the Indian Union.
  37. 1975 Formation of Arunachal Pradesh legislative assembly.
  38. 1975 Enhances the powers of President and Governors to pass ordinances
  39. 1975 Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi’s election to parliament. Amendment placed restrictions on judicial scrutiny of post of President, vice-president and Prime Minister.
  40. 1976 Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India.Place land reform & other acts and amendments to these act under Schedule 9 of the constitution.
  41. 1976 Raise Retirement Age Limit of Chairmen and Members of Union and State Public Commissions from 60 to 62.
  42. 1977 Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a “Socialist Secular” Republic.
  43. 1978 Amendment passed after revocation of internal emergency in the Country. Repeals some of the more ‘Anti-Freedom’ amendments enacted through Amendment Bill 42.
  44. 1979 Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42.
  45. 1980 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990.
  46. 1983 Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.
  47. 1984 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
  48. 1985 Article 356 amended to permit President’s rule up to two years in the state of Punjab.
  49. 1984 Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council.
  50. 1984 Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure.
  51. 1986 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
  52. 1985 Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other.
  53. 1987 Special provision with respect to the State of Mizoram.
  54. 1986 Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment.
  55. 1987 Special powers to Governor consequent to formation of state of Arunachal Pradesh.
  56. 1987 Transition provision to enable formation of state of Goa.
  57. 1987 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
  58. 1987 Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments.
  59. 1988 Article 356 amended to permit President’s rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab.
  60. 1988 Profession Tax increased from a maximum of Rs. 250/- to a maximum of Rs. 2500/-.
  61. 1989 Reduce age for voting rights from 21 to 18.
  62. 1989 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000.
  63. 1990 Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.
  64. 1990 Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab.
  65. 1990 National Commission for Scheduled Castes and Scheduled Tribes formed and its stututory powers specifed in The Constitution.
  66. 1990 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
  67. 1990 Article 356 amended to permit President’s rule up to four years in the state of Punjab.
  68. 1991 Article 356 amended to permit President’s rule up to five years in the state of Punjab.
  69. 1992 To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory.
  70. 1991 Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election.
  71. 1992 Include Konkani, Manipuri and Nepali as Official Languages.
  72. 1992 Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
  73. 1993 Statutory provisions for Panchyat Raj as third level of administration in villages.
  74. 1993 Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities. (Municipalities)
  75. 1994 Provisions for setting up Rent Control Tribunals.
  76. 1994 Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.
  77. 1995 A technical amendment to protect reservation to SC/ST Employees in promotions.
  78. 1995 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
  79. 2000 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010.
  80. 2000 Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre.
  81. 2000 Protect SC / ST reservation in filling backlog of vacancies.
  82. 2000 Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.
  83. 2000 Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.
  84. 2002 Extend the usage of 1991 national census population figures for statewise distribution of parliamentary seats.
  85. 2002 A technical amendment to protect seniority in case of promotions of SC/ST Employees.
  86. 2002 Provides Right to Education until the age of fourteen and Early childhood care until the age of six.
  87. 2003 Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats.
  88. 2004 To extend statutory cover for levy and utilization of Service Tax.
  89. 2003 The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes.
  90. 2003 Reservation in Assam Assembly relating to Bodoland Territory Area.
  91. 2004 Restrict the size of council of ministers to 15 % of legislative members & to strengthen Anti Defection laws.
  92. 2004 Enable Levy of Service Tax. Include Bodo, Dogri, Santali and Maithili as National Languages.
  93. 2006 Reservation for OBCs in government as well as private educational institutions
  94. 2006 To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States.
  95. 2010 Extended the reservation of seats in Lok Sabha and State Assemblies for SCs and STs from sixty to seventy years.
  96. 2011 Changed “Oriya” in the Eighth Schedule to “Odia.
  97. 2012, Jan 12 Right to form unions or co-operative societies. (19(1)C)Promotion of Co-operative Societies. (43B)The Co-operative Societies. (Part 9B)
  98. 2013, Jan 2 To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.(To insert Article 371J in the Constitution)
  99. 2015 -The amendment provides for the formation of a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill. The amendment was struck down by the Supreme Court on 16 October 2015.
  100. 2015 Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves consequent to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh.
  101. 2016 Goods and Services Tax Bill

Comptroller and Auditor General of India

by

The Comptroller and Auditor General (CAG) promotes accountability, transparency and good governance through high quality auditing and accounting.The Comptroller and auditor general (CAG) of India is empower to audit all expenses from the combine Fund of the union or state governments, whether incurred within India or outside. The Comptroller and Auditor General of India (CAG) is the Head of the Indian Audit and Accounts Department (IA&AD) and derives his constitutional standing as the Auditor of the Union and State Governments from Articles 149 to 151 of the Constitution.

Duties of the CAG

• Receipts and expenditure of the Union and the State Governments accounted for in the respective Consolidated Funds.
• Transactions relating to emergency Funds (created for use in circumstances) and the Public Accounts (used mainly for loans, deposits and remittances).
• Trading, manufacturing, profit and loss accounts and balance sheets and other subsidiary accounts kept in any Government Department.
• Accounts of Government organisations, Government companies and Government corporations whose statutes provide for audit by the CAG.
• Authorities and bodies substantially financed from the Consolidated Funds of the Union and the States.
• Any body or authority even though not substantially financed from the Consolidated Fund at the request of the President or the Governor.
• Accounts of bodies and authorities receiving loans and grants from the Government for specific purposes.

The duties of Comptroller and Auditor General includes audit of: ? all expenditure from the Consolidated Fund of India of Union, of each State and of each Union Territory having a Legislative Assembly with the objective to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it; ? all transactions of the Union and of the States/Union Territory having a Legislature relating to Contingency Funds and Public Accounts; ? all trading, manufacturing, profit and loss accounts and balance-sheets and other subsidiary accounts kept in any department of the Union or of a State and in each case, to report on the expenditure, transactions or accounts so audited by him; ? receipts and expenditure of bodies or authorities substantially financed from Union or State revenues; ? grants or loans given to other authorities or bodies; ? revenue of the Union and of the State Governments; ? accounts of stores and stock; ? Government Companies and Corporations under the Company’s Act 1956 read with CAG’s (DPC) Act, 1971 ; and ? accounts of other authorities or bodies as per their statute or upon request by the Governor of a State or the Administrator of a Union Territory having a Legislative Assembly.

Compilation of accounts of the State Government; ? preparation of the annual accounts of the States Governments and Union Territories having a Legislative Assembly; and ? rendering accounting information and assistance to the State Governments.

CAG presents a number of Audit Reports on the basis of audit of the Union Government and the State Governments to the Parliament and State Legislature respectively under Article 151 of the Constitution of India.  In addition, CAG certifies the Appropriation Accounts and Finance Accounts of the Union Government and of the State Governments and forwards them to the President / Governors of States for being laid on the Table of Parliament and State Legislature respectively. CAG also submits Separate Audit Reports on all statutory corporations and autonomous bodies, for which he is the sole auditor.

 

Union Legislature : Lok Sabha and Rajya Sabha: 0rganisation and Functions

by

Parliament is the central institution through which the will of the people is expressed, laws are passed and government is held to account. It plays a vital role in a democracy, and endeavours to be truly representative, transparent, accessible, accountable and effective in its many functions. The Parliament has two Houses–Rajya Sabha and Lok Sabha. Rajya Sabha is upper House and represents the States of India while the Lok Sabha is lower House.

Lok Sabha and Rajya Sabha: 0rganisation and Functions;

The Council of States (Rajya Sabha) is the Upper House of our Parliament. It consists of not more than 250 members, out of which, 238 members represent the States and Union territories and 12 members are nominated by the President from amongst the persons having special knowledge and practical experience in respect of such matters as literature, science, art and social service. At present, the actual strength of Rajya Sabha is 245. A permanent body, Rajya Sabha is not subject to dissolution. However, one-third of its members retire biennially. A member who is elected for a full term retains his membership for six years. He is eligible for re-election. A Member elected/ nominated to a casual vacancy serves for the remainder term only. Members of Rajya Sabha are elected by the elected members of the State Legislative Assemblies in accordance with the system of proportional representation by means of single transferable vote.

Lok Sabha is composed of representative of the people chosen by direct election on the basis of adult suffrage.  The maximum strength of the House envisaged by the Constitution is 552, upto 530 members to represent the States, up to 20 members to represent the Union Territories and not more than two members of the Anglo-Indian Community to be nominated by the President, if,  in his opinion, that community is not adequately represented in the House.  The total elective membership is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all States.

The cardinal functions of the Parliament is to oversee the administration, passing of budget, ventilation of public grievances, and discussing various subjects like development plans, international relations, and national policies. The Parliament can, under certain circumstances, assume legislative power with respect to a subject falling within the sphere, exclusively reserved for the states.

The Parliament is also vested with powers to impeach the President, remove judges of Supreme and High Courts, the Chief Election Commissioner, and Comptroller and Auditor General in accordance with the procedure laid down in the Constitution. All legislation requires the consent of both Houses of Parliament. In the case of Money Bills, the will of the Lok Sabha prevails. The Parliament is also vested with the power to initiate amendments in the Constitution.

download (1)

National and state minority commission

by

National and state minority commission

Constitution of India doesn’t define the word ‘Minority’ but has used the word minorities considering two attributes religion or language of a person. For minorities Constitution of India has envisaged a number of rights and safeguards. To provide enough equality and to dwindled the discrimination, makers have spelt out various things in Fundamental Rights (PartIII); Directive Principles of State policy (Part IV) and also the Fundamental Duties (Part IV-A). However, with rising right and rising wedge between right and left and also the ephemeral political aspirations of various political parties have diluted the discrimination safeguards.

The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified in Gazette of India as minority communities by the Union Government all over India . Original notification of 1993 was for Five religious communities Sikhs, Buddhists,Parsis,Christians and Muslims.

Functions and Powers

  • Evaluate the progress of the development of Minorities under the Union and States.
  • Monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures.
  • Make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the Central Government or the State Governments.
  • Look into specific complaints regarding deprivation of rights and safeguards of the Minorities and take up such matters with the appropriate authorities.
  • Cause studies to be undertaken into problems arising out of any discrimination against Minorities and recommend measures for their removal.
  • Conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities.
  • Suggest appropriate measures in respect of any Minority to be undertaken by the Central Government or the State Governments.
  • Make periodical or special reports to the Central Government on any matter pertaining to Minorities and in particular the difficulties confronted by them.
  • Any other matter which may be referred to it by the Central Government.

The Commission has the following powers:

  • Summoning and enforcing the attendance of any person from any part of India and examining him on oath.
  • Requiring the discovery and production of any document.
  • Receiving evidence on affidavit.
  • Requisitioning any public record or copy thereof from any court or office.
  • Issuing commissions for the examination of witnesses and documents.

State minority commission

The recognition of any community as a religious minority means that the States should have a State level Commission to ensure that the rights and privileges allowed to the minorities under law are not denied to them. In a situation of difficulty a member of the minority community can invoke the law that safeguards his interests. In pursuance of this objective, each State in the Union including Union Territories are required to set up respective Minority Commission to cater to the needs and interests of the minority communities in the concerned states. However, the Union Minister for Minorities, while replying to a question in the Parliament disclosed that twelve States, including four ruled by BJP and its allies, and six Union Territories (UTs) have not set up Minorities Commissions at their respective levels. Incidentally, Jammu and Kashmir also figures in the list of twelve States with no Minority Commission.

 

Comptroller & Auditor General of India (CAG)

by

The Comptroller and Auditor General (CAG) promotes accountability, transparency and good governance through high quality auditing and accounting.The Comptroller and auditor general (CAG) of India is empower to audit all expenses from the combine Fund of the union or state governments, whether incurred within India or outside. The Comptroller and Auditor General of India (CAG) is the Head of the Indian Audit and Accounts Department (IA&AD) and derives his constitutional standing as the Auditor of the Union and State Governments from Articles 149 to 151 of the Constitution.

Duties of the CAG

• Receipts and expenditure of the Union and the State Governments accounted for in the respective Consolidated Funds.
• Transactions relating to emergency Funds (created for use in circumstances) and the Public Accounts (used mainly for loans, deposits and remittances).
• Trading, manufacturing, profit and loss accounts and balance sheets and other subsidiary accounts kept in any Government Department.
• Accounts of Government organisations, Government companies and Government corporations whose statutes provide for audit by the CAG.
• Authorities and bodies substantially financed from the Consolidated Funds of the Union and the States.
• Any body or authority even though not substantially financed from the Consolidated Fund at the request of the President or the Governor.
• Accounts of bodies and authorities receiving loans and grants from the Government for specific purposes.

The duties of Comptroller and Auditor General includes audit of: ? all expenditure from the Consolidated Fund of India of Union, of each State and of each Union Territory having a Legislative Assembly with the objective to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it; ? all transactions of the Union and of the States/Union Territory having a Legislature relating to Contingency Funds and Public Accounts; ? all trading, manufacturing, profit and loss accounts and balance-sheets and other subsidiary accounts kept in any department of the Union or of a State and in each case, to report on the expenditure, transactions or accounts so audited by him; ? receipts and expenditure of bodies or authorities substantially financed from Union or State revenues; ? grants or loans given to other authorities or bodies; ? revenue of the Union and of the State Governments; ? accounts of stores and stock; ? Government Companies and Corporations under the Company’s Act 1956 read with CAG’s (DPC) Act, 1971 ; and ? accounts of other authorities or bodies as per their statute or upon request by the Governor of a State or the Administrator of a Union Territory having a Legislative Assembly.

Compilation of accounts of the State Government; ? preparation of the annual accounts of the States Governments and Union Territories having a Legislative Assembly; and ? rendering accounting information and assistance to the State Governments.

CAG presents a number of Audit Reports on the basis of audit of the Union Government and the State Governments to the Parliament and State Legislature respectively under Article 151 of the Constitution of India.  In addition, CAG certifies the Appropriation Accounts and Finance Accounts of the Union Government and of the State Governments and forwards them to the President / Governors of States for being laid on the Table of Parliament and State Legislature respectively. CAG also submits Separate Audit Reports on all statutory corporations and autonomous bodies, for which he is the sole auditor.

Comptroller-and-Auditor-of-General-CAG

Privileges and immunities of Parliament and its Members

by

Parliamentary privilege  is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. The Presiding Officer i.e. Speaker in case of Lok Sabha and Chairman in case of Rajya Sabha, is the custodian of the rights and privileges of the House, its Committees and Members.

Article 105 of the Constitution of India which provides for the powers, privileges and immunities of the Houses of Parliament and of the Members and the Committee thereof reads as follows:—

(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

(2) No Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any Committee thereof, and no person shall be so liable in respect of the publication or under the authority of either House of Parliament of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of each House of Parliament and of the members and the Committees of each House, shall be such as may from time to time be defined by Parliament by law, and until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.

(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of a House of Parliament or any Committee thereof as they apply in relation to Members of Parliament.

Some of the more important privileges of each House of Parliament and of its Members and Committees are as follows:

(i) Freedom of Speech in Parliament [of Article 105(1) of the Constitution].

(ii) Immunity to a Member from any proceedings in any court in respect of anything said or any vote given by him in Parliament or any Committee thereof [of Article 105(2) of the Constitution].

(iii) Immunity to a person from proceedings in any court in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings [of Article 105(2) of the Constitution].

(iv) Prohibition on the courts to inquire into proceedings of Parliament [of Article 122 of the Constitution].

(v) Freedom from arrest of members of civil cases during the continuance of the Session of the House and forty days before its commencement and forty days after its conclusion (of Section 135 of the Code of Civil Procedure).

(vi) Right of the House to receive immediate information of the arrest, detention, conviction, imprisonment and release of Member (of Rules 222A and 222B of the Rules of Procedure and Conduct of Business in Rajya Sabha).

(vii) Prohibition of arrest and service of legal process within the precincts of the House without obtaining the permission of the Chairman/Speaker.

(viii) Prohibition of disclosure of the proceedings or decision of a secret sitting of the House.

(ix) Members or officers of the House cannot give evidence or produce documents in courts of law, relating to the proceedings of the House without the permission of the House (of First Report of Committee of Privileges of Rajya Sabha presented to the House on the 1st May, 1958).

(x) Members or officers of the House cannot attend as a witness before the other House or a Committee thereof or before a House of State Legislature or a Committee thereof without the permission of the House and theycannot be compelled to do so without their consent (of Sixth Report of Committee of Privileges of Second Lok Sabha, adopted by Lok Sabha on the 17th December, 1958 and Thirty-Third Report of the Committee of Privileges of Rajya Sabha, adopted by the House on 30th March, 1993).

(xi) All Parliamentary Committees are empowered to call for persons, papers and records relevant for the purposes of the inquiry by a Committee. A witness may be summoned by a Parliamentary Committee who may be required to produce such documents as are required for the use of a Committee.

(xii) The evidence tendered before a Parliamentary Committee and its report and proceedings cannot be disclosed or published by anyone until these have been laid on the Table of the House.

download (1)

Federal Structure: Union-State relations.

by

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.
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.

 

Basic Structure of Indian Constitution

by

Basic Structure

The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. Key among these “basic features”, are the fundamental rights granted to individuals by the constitution. The doctrine thus forms the basis of a limited power of the Indian Supreme Court to review and strike down constitutional amendments enacted by the parliament which conflict with or seek to alter this “basic structure” of the constitution.

In 1965, The “basic features” principle was first expounded by Justice J.R. Mudholkar in his dissent in the case of Sajjan Singh v. State of Rajasthan.

In 1973, the basic structure doctrine triumphed in Justice Hans Raj Khanna’s judgment in the landmark decision of Kesavananda Bharati v. State of Kerala. Previously, the Supreme Court had held that the power of parliament to amend the constitution was unfettered. However, in this landmark ruling, the court adjudicated that while parliament has “wide” powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.

In 1975, Indira Nehru Gandhi v. Raj Narain, a Constitutional Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian democracy.

In 1980, The Constitution (Forty-Second Amendment) Act had been enacted by the government of Indira Gandhi in response to the Kesavananda judgment in an effort to reduce the power of the judicial review of constitutional amendments by the Supreme Court. In the Minerva Mills case, Nani Palkhivala successfully moved the Supreme Court to declare sections 4 & 55 of the 42nd amendment as unconstitutional. Chief Justice Yeshwant Vishnu Chandrachud explained in the Minerva Mills judgment that since the power of Parliament to amend the constitution was limited, as had been previously held through the basic structure doctrine in the Kesavananda case, the parliament could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). In addition, the court also ruled that the parliament’s “power to amend is not a power to destroy”.

The basic structure doctrine applies only to constitutional amendments. It does not apply to ordinary acts of parliament, which must itself be in conformity with the constitution.

In Kesavananda there were differing opinions even among the majority for what the “basic structure” of the constitution comprised.

Chief Justice Sikri, writing for the majority, indicated that the basic structure consists of the following:

  • The supremacy of the constitution.
  • A republican and democratic form of government.
  • The secular character of the Constitution.
  • Maintenance of the separation of powers.
  • The federal character of the Constitution.

Justices Shelat and Grover in their opinion added three features to the Chief Justice’s list:

  • The mandate to build a welfare state contained in the Directive Principles of State Policy.
  • Maintenance of the unity and integrity of India.
  • The sovereignty of the country.

Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list:

  • The sovereignty of India.
  • The democratic character of the polity.
  • The unity of the country.
  • Essential features of individual freedoms.
  • The mandate to build a welfare state.

Justice Jaganmohan Reddy preferred to look at the preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by:

  • A sovereign democratic republic.
  • The provision of social, economic and political justice.
  • Liberty of thought, expression, belief, faith and worship.
  • Equality of status and opportunity.

The interpretation of the basic structure has since evolved in numerous other court rulings since the Kesavananda judgment.

 

Parliament’s control over Executive;

by

Parliament is the supreme law making body of the nation.The Council of Ministers is collectively responsible to the Lok Sabha. The Lok Sabha is empowered to pass a vote of censure against the ministry. Whenever such a motion is passed, the ministry has to resign.

There are several means of Parliament’s control over Executive such as, both the houses exercise control over the executive through asking questions, discussing matters of urgent public importance, moving call- attention notices and adjournment motions, and also by appointing various committees such as public accounts committee, estimates committee, committee on public undertakings, committee on government assurances, the committee on privileges, the committee on subordinate legislation etc. All these activities keep the executive alert.

It is the function of Parliament to exercise political and financial control over the Executive and to ensure parliamentary surveillance of administration. Executive responsibility and administrative accountability, are two different functional concepts.

The executive has the right to formulate the budget. But Parliament must authorise by law the levy or modification of taxes. If any tax is imposed without legislative authority, the affected person can approach the courts for relief. In addition to it, the executive cannot spend public revenue without the sanction of Parliament. Parliament has also been provided with the means of ensuring economy in the amount of government expenditure.

The Comptroller and Auditor-General (CAG) helps Parliament in ensuring that the executive has spent the expenditure sanctioned by Parliament in terms of law. The CAG audits that accounts of the union to see that no money has been spent without parliamentary sanction.

Administrative accountability means the accountability of the administration to Parliament. Parliament does not interfere with day to day administration nor does it control administration. Accountability to it is technical and indirect i.e. through the Ministers, and it is ex post facto i.e. after something is done; after action has ended.

Preamble and its significance

by

The Constitution of India begins with a Preamble which describes the nature of the Indian State and the objectives it is committed to secure. K.M. Munshi describes the Preamble as the political horoscope of the constitution. Thakur Dass Bhargawa says Preamble is the most precious part and the soul of the constitution.

The Preamble reads:

We, the People of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and to secure to all its citizens;

Justice, social, economic, political;

Liberty of thought, expression, belief, faith and worship;

Equality of status and opportunity; and to promote among them all;

Fraternity, assuring the dignity of the individual and the unity and integrity of the nation ;

In our Constituent Assembly this, twenty sixth day of November 1949 do hereby Adopt, Enact and Give to ourselves this Constitution.

The words ‘Socialist ‘Secular” and ‘Integrity were initially not there in the Preamble. These were added by the 42nd Amendment (1976) of the Constitution.

Preamble: Features:

I. The Source of Authority:

Popular Sovereignty:

The Preamble categorically accepts the principle of Popular Sovereignty. It begins with the words: ‘We the people of India’. These words testify to the fact that the people of India are’ the ultimate source of all authority. The Government derives its power from them.

II. Nature of State:

The Preamble describes five cardinal features of the Indian state:

(1) India is a Sovereign State:

The Preamble proclaims that India is a sovereign state. Such a proclamation denotes the end of rule over India. It testifies to the fact that India is no longer a dependency or colony or possession of British Crown. As a sovereign independent state, India is free both internally and externally to take her own decisions and implement these for her people and territories.

(2) India is a Socialist State:

In 1976, the Preamble was amended to include the word ‘Socialism’. It is now regarded as a prime feature of the State. It reflects the fact that India is committed to secure social, economic and political justice for all its people. India stands for ending all forms of exploitation as well as for securing equitable distribution of income, resources and wealth. This has to be secured by peaceful, constitutional and democratic means. The term ‘India is a Socialist state’ really means, ‘India is a democratic socialist state.’

(3) India is a Secular State:

By the 42nd Amendment, the term ‘Secular’ was incorporated in the Preamble. Its inclusion simply made the secular nature of the Indian Constitution more explicit. As a state India gives special status to no religion. There is no such thing as a state religion of India. India guarantees equal freedom to all religions. All religions enjoy equality of status and respect.

(4) India is a Democratic State:

The Preamble declares India to be a Democratic State. The Constitution of India provides for a democratic system. The authority of the government rests upon the sovereignty of the people. The people enjoy equal political rights. The people freely participate in the democratic process of self rule.

They elect their government. For all its acts, the government is responsible before the people. The people can change their government through elections. The government enjoys limited powers. It always acts under the Constitution which represents the supreme will of the people.

(5) India is a Republic:

The Preamble declares India to be a Republic. Negatively, this means that India is not ruled by a monarch or a nominated head of state. Positively, it means that India has an elected head of state who wields power for a fixed term. President of India is the elected sovereign head of the state. He holds a tenure of 5 years. Any Indian citizen can get elected as the President of India.

III. Four Objectives of the Indian State:

The Preamble lists four cardinal objectives which are to be “secured by the state for all its citizens”.

These are:

(1) Justice:

India seeks to secure social, economic and political justice for its people.

(i) Social Justice:

Social Justice means the absence of socially privileged classes in the society and no discrimination against any citizen on grounds of caste, creed, colour, religion, sex or place of birth. India stands for eliminating all forms of exploitations from the society.

(ii) Economic Justice:

Economic Justice means no discrimination between man and man on the basis of income, wealth and economic status. It stands for equitable distribution of wealth, economic equality, end of monopolistic control over means of production and distribution, decentralisation of economic resources, and securing of adequate opportunities to all for earning their livelihoods.

(iii) Political Justice:

Political Justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without any discrimination. The Constitution of India provides for a liberal democracy in which all the people have the right and freedom to participate.

(2) Liberty:

The Preamble declares liberty to be the second cardinal objective to be secured. It includes liberty of thought, expression, belief, faith and worship. The grant of Fundamental Rights (Part III) including the right to freedom is designed to secure this objective. Liberty of faith and worship is designed to strengthen the spirit of secularism.

(3) Equality:

The Preamble declares Equality as the third objective of the Constitution. Equality means two basic things:

(i) Equality of status i.e. natural equality of all persons as equal and free citizens of India enjoying equality before law.

(ii) Equality of opportunity i.e. adequate opportunities for all to develop. For securing the equality of status and opportunity, the Constitution of India grants and guarantees the fundamental Right to Equality.

(4) Fraternity:

Promotion of Fraternity among the people is the fourth objective is to promote Fraternity among all the people. Fraternity means the inculcation of a strong feeling of spiritual and psychological unity among the people. It is designed to secure dignity of the individual and unity and integrity of the nation.

IV. Date of Adoption and Enactment:

In its final paragraph, the Preamble specifies the important historical fact that the Constitution was adopted on 26 November, 1949. It was on this day that the Constitution received the signatures of the President of the Constituent Assembly and was declared passed.

V. Self-made Constitution:

The Constitution of India is an adopted, enacted and self-made constitution. It was adopted and enacted by the Constituent Assembly acting as the elected representative body of the people of India. The Preamble states the philosophical foundations of the Constitution India and enumerates its objectives.

It constitutes a Key for the interpretation of the Constitution. It is a part of the Basic Structure of the Constitution. Through, it’s Preamble, the Constitution a commits itself to Democracy, Republicanism, Socialism, Secularism, Liberalism and Welfare State. The Preamble states the objectives which the Constitution is committed to secure for all the people of India.

Preamble of India