Polity for Prelims and Mains Exam

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

Decentralized planning

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Decentralized Planning is a type of planning where local organisations and institutions formulate, adopt, execute actions and supervise the plan without interference by the central body. Decentralized planning in the State operated mainly through the following institutions and instruments; Grama Sabha (GS): People’s participation in decentralization was sought to be ensured mainly through meetings of the GP ward level Grama Sabha, chaired by the ward member.

There are following major dimensions of decentralization:

(i) Financial:- the transfer of revenue, budgeting and expenditure authority to local elected bodies.

(ii) Administrative:-the transfer of functional responsibilities in various sectors as well as staff resources to the jurisdiction of elected local governments

(iii) Political:- the transfer of policy and legislative powers to local councils that have been democratically elected and establishment of mechanisms of accountability to local constituents

Panchayats are mentioned in Rig Veda, which is believed to have been composed more than 1000 years before Christ. The five members of the Panchayat of the village were known as Pancha Parameswar, or the five godly persons. Kings were respectful towards them. The Panchayat distributed land, collected revenue and settled disputes in the village. However, the Panchayats suffered a steady decline later under feudal and Moghul rules. A new class of feudal chiefs called zamindars came to function as a link between the king and the people.

Lord Ripon, who is regarded as the father of local-self government in India. He attached importance to both administrative efficiency as well as political education at the local level.

The 73rd and 74th Constitutional Amendment Acts, 1992, which gave Constitutional status to panchayati raj institutions (PRIs) and urban local bodies (ULBs) respectively, in both letter and spirit in order to bring about greater decentralisation and increase the involvement of the community in planning and implementing schemes and, thus, increase accountability.

The Amendments left important matters such as implementation, service delivery (including local capacity building) and transfer of responsibilities and powers to rural local bodies at the discretion of the state legislatures. Consequently, while expenditure responsibilities of local bodies are extensively enhanced, there is no law to ensure a corresponding assignment of funds to match the additional responsibilities.

The District Planning Committee was made under the Constitution (74th) Amendment Act, 1992. Accordingly, there shall be a District Planning Committee at the district level to consolidate the plans prepared by the panchayats and municipalities and to prepare a draft development plan for the district as a whole.

  • Village/Ward Committee: Micro visioning & planning – linking vision to individual/family
  • Gram Panchayat:Link vision to own responsibility , resources , decide goal & plan
  • Intermediate Panchayat:Link vision to own responsibility , resources , decide goal & plan
  • Zilla Panchayat:-Link vision to own responsibility , resources , decide goal & plan
  • District Planning Committee :Integration & Consolidation

The Eleventh’ Schedule of the Constitution has recommended 29 subjects for devolution to Panchayats. The most important rationale for decentralized planning is direct involvement of the people in addressing their own development. An intervention which has impact only at the local level and can be organized locally is best left to the Panchayat to organize the same.

Finance Commission

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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.

The 73rd and 74th Constitutional Amendment Acts, 1992, which gave Constitutional status to panchayati raj institutions (PRIs) and urban local bodies (ULBs) respectively, in both letter and spirit in order to bring about greater decentralisation and increase the involvement of the community in planning and implementing schemes and, thus, increase accountability.

The Amendments left important matters such as implementation, service delivery (including local capacity building) and transfer of responsibilities and powers to rural local bodies at the discretion of the state legislatures. Consequently, while expenditure responsibilities of local bodies are extensively enhanced, there is no law to ensure a corresponding assignment of funds to match the additional responsibilities.

The State Finance Commissions are required to recommend financial support from the state and principles for determination of taxes, tolls and fees that could be assigned to or appropriated by the local bodies

Article 243I of the Indian Constitution prescribes that the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to

The principles which should govern

 

  1. The distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
  2. The determination of the taxes, duties, tolls and fees which may be assigned as, or appropriated by, the Panchayats;
  3. The grants-in-aid to the Panchayats from the Consolidated Fund of the State;

 

Subordinate Judiciary

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Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of subordinate courts and to ensure their independence from the executive . Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of subordinate courts and to ensure their independence from the executive .

The framework  of the  current  legal  system has been  laid  down by the  Indian  Constitution  , which states for an integrated and uniform judiciary system and  the judicial  system  derives  its  powers  from  it.  There  are  various  levels  of  judiciary  in  India— different  types  of  courts,  each  with  varying  powers  depending  on  the  tier  and  jurisdiction bestowed upon them. They form a hierarchy of importance, in line with the order of courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.

Type of cases

  • Civil cases pertain to disputes between two or more persons regarding property, breach of agreement or contract, divorce or landlord – tenant disputes. Civil Courts settle these disputes. They do not award any punishment as violation of law is not involved in civil cases.
  • Criminal cases relate to violation of laws. These cases involve theft, dacoity, rape, pickpocketing, physical assault, murder, etc. These cases are filed in the lower court by the police, on behalf of the state, againt the accused. In such cases the accused, if found guilty, is awarded punishment like fine, imprisonment or even death sentence.
  • Revenue cases relate to land revenue on agriculture land in the district.

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The District Courts of India are presided over by a judge. They administer justice in India at a district level. These courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs.

       The highest court in each district is that of the District and Sessions Judge. This is the principal court of civil jurisdiction. This is also a court of Sessions. Sessions-triable cases are tried by the Sessions Court. It has the power to impose any sentence including capital punishment.

       There are many other courts subordinate to the court of District and Sessions Judge. There is a three tier system of courts. On the civil side, at the lowest level is the court of Civil Judge (Junior Division). On criminal side the lowest court is that of the Judicial Magistrate. Civil Judge (Junior Division) decides civil cases of small pecuniary stake. Judicial Magistrates decide criminal cases which are punishable with imprisonment of up to five years.

       At the middle of the hierarchy there is the Court of Civil Judge (Senior Division) on the civil side and the Court of the Chief Judicial Magistrate on the Criminal side. Civil Judge (senior division) can decide civil cases of any valuation. There are many additional courts of Additional Civil Judge (senior division).The Jurisdiction of these addition courts is the same as that of the principal court of Civil Judge (Senior Division). The Chief Judicial Magistrate can try cases which are punishable with imprisonment for a term up to seven years. Usually there are many additional courts of Additional Chief Judicial Magistrates. At the top level there may be one or more courts of additional district and sessions judge with the same judicial power as that of the District and Sessions judge.

Emergency Provisions of the Constitution

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An emergency is a situation demanding immediate action.The emergency provisions under Indian constitution can be traced back to the British rule in India, when by Act of parliament crown established its sovereignty over company’s territories in India in 1861 . The Governor General under the provisions exercised wide powers both legislative and executive. He was also given power to legislate for emergencies.The Emergency Provisions are mentioned from Article 352 to Article 360.

Article 352: Proclamation of Emergency – due to external intrusion or war the President of India can declare a state of emergency through a Proclamation. This Article suggests that such a Proclamation can be revoked or a varied Proclamation can also be issued. However, the decision of the Cabinet ministers to issue such a proclamation must be sent to the President in written form prior to his issuance of the same. According to the Article, all such Proclamations should be presented to both the Houses of the Parliament. The Proclamations, if not accepted by a resolution, will be counted as ineffective after one month. If the Proclamation is not accepted after the passing of a second resolution, then it will become ineffective after the expiry of 6 months of the second resolution. It is also mentioned in the Article that not less than two-thirds of the members of any of the Parliamentary Houses should be required to pass a resolution. There are certain rules specified in this Article regarding the President revoking or issuing a varied Proclamation during Emergency.

Article 353: Effect of Proclamation of Emergency – this Article states that the Proclamation of Emergency includes extending the executive power of the union to the states in the form of directions. The Parliament, as per this Article, can confer the power to make laws, upon the officers or authorities of the Union.

Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation – provisions made under Articles 268 to 279 can be modified or exceptions can be made by the President of India by an Order while the Proclamation period of emergency is going on. Information about all such Orders must be conveyed to both the Houses of Parliament.

Article 355: Duty of the Union to protect States against external aggression and internal disturbance – this Article states the fact that the Union or Center is solely responsible for defending the various states from all types of violence and aggressions erupting from outside and disturbances occurring within the nation’s territory.

Article 356: Provisions in case of failure of constitutional machinery in States – the President of India can take charge of a state if the reports submitted to him by the Governor suggest that the government of the state has become incapable of exercising the Constitutional powers. The President is also subjected to exercise the powers of the government of such state by Proclamation. The Proclamation issued under such circumstances become ineffective after 6 months from the date of issuance, if not revoked during this time period. All such Proclamations have to be presented to both the Houses of Indian Parliament and will expire after two months. The Legislative powers of such state shall also be exercised by the Parliament. In the Houses of Parliament there are certain rules and regulations regarding the expiry of the Proclamation and the time period normally depends upon the fact whether it has been revoked earlier or not.

Article 357: Exercise of legislative powers under Proclamation issued under article 356 – the powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the right to delegate Legislative powers to the President of India or any such authority. The President of India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated fund during the time period when the House of the People is not in operation.

Article 358: Suspension of provisions of article 19 during emergencies – any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. However, only those laws and executive actions containing recital related to emergency during the Proclamation of Emergency are effective as per the Article.

Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies – the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order. The President can also call upon all pending court proceedings in case of emergencies. All such orders declaring the suspension of court proceedings have to be submitted to both the Houses of Parliament.

Article 360: Provisions as to financial emergency – a declaration shall be made by the President of India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such a Proclamation can be revoked and has to be presented in both the Houses of the Parliament. The Proclamation thus issued will become null and void after two months if the same is not approved through a resolution passed by the Houses of Parliament. In case the Houses are not in session the Article suggests certain specific guidelines regarding the Proclamation. This Article also includes provisions relating to the salary and allowance reduction of those who are employed with Union and state departments. A provision relating to money bills and other financial bills passed by the state Legislature is mentioned in the Article. This provision states that all such bills have to be considered by the President during financial instability.

State Finance Commission

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The State Finance Commissions are required to recommend financial support from the state and principles for determination of taxes, tolls and fees that could be assigned to or appropriated by the local bodies

Article 243I of the Indian Constitution prescribes that the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to

The principles which should govern

 

  1. The distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
  2. The determination of the taxes, duties, tolls and fees which may be assigned as, or appropriated by, the Panchayats;
  3. The grants-in-aid to the Panchayats from the Consolidated Fund of the State;

Union Parliament and State Legislatures.

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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.

Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the state legislature.In most of the States, the Legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha). This means that these State have unicameral Legislature. In a Six States( Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.), there are two Houses of the Legislature namely, Legislative Assembly (Vidhan Sabha) and Legislative council (Vidhan Parishad) besides the Governor.Where there are two Houses, the Legislature, is known as bicameral.Five States have the bicameral, legislature. The Legislative Assembly is known as lower House or popular House. The Legislative Council is known as upper House.

There is a Legislative Assembly (Vidhan Sabha) in every State. It represents the people of State. The members of Vidhan Sabha are directly elected by people on the basis of universal adult franchise. They are directly elected by all adult citizens registered as voters in the State. All men and women who are 18 years of age and above are eligible to be included in the voters’ List.

There are certain qualifications prescribed by the Constitution for being elected as an M. L. A. The candidate must:

  • be a citizen of India;
  • have attained the age of 25 years;
  • have his/her name in the voters’ list;
  • not hold any office of profit; and
  • not be a government servant.

Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.

The Legislative council or Vidhan Parishad is partly elected and partly nominated. Most of the members are indirectly elected in accordance with the principle of proportional representation by means of single transferable vote system. Different categories of members represent different interests. The composition of the Legislative Council is as follows:

i. One-third members of the Council are elected by the members of the Vidhan Sabha.
ii. One-third of the members of the Vidhan Parishad are elected by the electorates consisting of members of Municipalities, District Boards and other local bodies in the State;
iii. One-twelfth members are elected by the electorate consisting of graduates in the State with a standing of three years;
iv. One-twelfth members are elected by the electorate consisting of teachers of educatioal institutions within the State not lower in standard than a secondary school who have teaching experience of at least three years;
v. The remaining, i.e. about one-sixth members are nominated by the Governor from amongst the persons having special knowledge in the sphere of literature, science, arts, co-operative movement and social service.

The State Legislature is empowered to make laws on State List and Concurrent List. The Parliament and the Legislative Assemblies have the right to make the laws on the subjects mentioned in the Concurrent List. But in case of contradiction between the Union and State law on the subject the law made by the Parliament shall prevail.

State legislature has exclusive powers over subjects enumerated in List II of the Seventh Schedule of the Constitution and concurrent powers over those enumerated in List III. Financial powers of legislature include authorisation of all expenditure, taxation and borrowing by the state government. Legislative assembly alone has power to originate money bills. Legislative council can make only recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills from Assembly. Assembly can accept or reject these recommendations.

State legislatures, apart from exercising the usual power of financial control, use all normal parliamentary devices like questions, discussions, debates, adjournments and no-confidence motions and resolutions to keep a watch over day-to-day work of the executive. They also have their committees on estimates and public accounts to ensure that grants sanctioned by legislature are properly utilised.

REGULATORY GOVERNANCE      

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Regulation refers to “controlling human or societal behaviour by rules or regulations or alternatively a rule or order issued by an executive authority or regulatory agency of a government and having the force of law”. Regulation covers all activities of private or public behaviour that may be detrimental to societal or governmental interest but its scope varies across countries. It can be operationally defined as “taxes and subsidies of all sorts as well as explicit legislative and administrative controls over rates, entry, and other facets of economic activity”.

 

Definition –

 Regulatory Governance can be defined as the furthering of public goals by setting, monitoring, and enforcement of regulations directed at influencing behavior and that involves private parties.

 

There are some ambiguity in these two terms as perceived by many people.

Some more or less conceive of ‘regulation’ and ‘governance’ as synonyms. In this sense, regulation and governance both refer to operations aimed at influencing public goals. Others argue that regulation is only a subset of activities that is encompassed with the overarching term governance. They distinguish regulation from the granting, allocating and distributing of scarce resources. While regulation only indirectly shapes the distribution of scares resources in society by setting, monitoring and enforcing norms and standards, other policies are about the direct distribution or redistribution of scarce resources.In this sense, governance refers to both direct and indirect attempts to achieve public goals by way of ‘providing, distributing, and regulating’.

All contributions deal with setting, monitoring and enforcing norms and standards. Hence, It can be limited the analysis to governancy by regulation and leave out of consideration the subcategory of governance that concerns the direct distribution or redistribution of scarce resources.

 

The second difference in meanings attributed to governance pertains to the relationship between governance and government. Some distinguish governance from contents and actors. Conceived of as such governance concerns modes of social coordination to provide collective goods by regulation regardless of which actors undertake these attempts. According to this definition, governance can also include hierarchical steering by state actors only. Others define governance in terms of the involvement of private parties with the realization of public goals, or ‘beyond government’. Conceived of as such, governance is distinguished from social steering by state agents only, or ‘governance by government’.

 

Important Regulatory Bodies in India

 

  1. RBI – Reserve Bank of India

Sector: Banking & Finance, Monetary Policy

  1. SEBI – Securities and Exchange Board of India

Sector: Securities (Stock) & Capital Market

  1. IRDAI – Insurance Regulatory and Development Authority

Sector: Insurance

  1. PFRDA – Pension Fund Regulatory & Development Authority

Sector: Pension

  1. NABARD – National Bank for Agriculture and Rural Development

Sector: Financing Rural Development

  1. SIDBI – Small Industries Development Bank of India

Sector: Financing Micro, Small and Medium-Scale Enterprises

 

Example – Regulatory Governance in Education  à

 

E Governance

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The “e” in e-Governance stands for ‘electronic’. Thus, e-Governance is basically associated with carrying out the functions and achieving the results of governance through the utilization of ICT (Information and Communications Technology), So it is the application of information and communication technology (ICT) for delivering government services, exchange of information, communication transactions, integration of various stand-alone systems and services between government-to-customer (G2C), government-to-business (G2B), government-to-government (G2G) as well as back office processes and interactions within the entire government framework.[1] Through e-governance, government services will be made available to citizens in a convenient, efficient and transparent manner. The three main target groups that can be distinguished in governance concepts are government, citizens and businesses/interest groups.

 

Types of Government Interaction in e-governance.

  • G2G: Government to Government 

  • G2C:Government to Citizen 

  • G2B: Government to Business

  • G2E:Government to Employee

 

  1. G2G (Government to Government): When the exchange of information and services is within the periphery of the government, is termed as G2G interaction. This can be both horizontal, i.e. among various government entities and vertical, i.e. between national, state and local government entities and within different levels of the entity.

 

  1. G2C (Government to Citizen): The interaction amidst the government and general public is G2C interaction. Here an interface is set up between government and citizens, which enables citizens to get access to wide variety of public services. The citizens has the freedom to share their views and grievances on government policies anytime, anywhere.

 

  1. G2B (Government to Business): In this case, the e-governance helps the business class to interact with the government seamlessly. It aims at eliminating red-tapism, saving time, cost and establish transparency in the business environment, while interacting with government.

 

  1. G2E (Government to Employees): The government of any country is the biggest employer and so it also deals with employees on a regular basis, as other employers do. ICT helps in making the interaction between government and employees fast and efficient, along with raising their level of satisfaction by providing perquisites and add-on benefits.

E-governance can only be possible if the government is ready for it. It is not a one day task, and so the government has to make plans and implement them before switching to it. Some of the measures include Investment in telecommunication infrastructure, budget resources, ensure security, monitor assessment, internet connectivity speed, promote awareness among public regarding the importance, support from all government departments and so forth.

Benefits of E-governance

  • Reduced corruption
  • High transparency
  • Increased convenience
  • Growth in GDP
  • Direct participation of constituents
  • Reduction in overall cost.
  • Expanded reach of government

Through e-governance, the government plans to raise the coverage and quality of information and services provided to the general public, by the use of ICT in an easy, economical and effective manner. The process is extremely complicated which requires, the proper arrangement of hardware, software, networking and indeed re-engineering of all the processes to facilitate better delivery of services.

E Governance in India

e-Governance in India has transformed to promote inclusive growth that covers electronic services, products, devices and job opportunities. An initiative driving this growth is the Digital India. The Digital India programme is a flagship programme of the Government of India with a vision to transform India into a digitally empowered society and knowledge economy.

National E-governance Plan
The National e-Governance Plan (NeGP) has been formulated by the Department of Electronics and Information Technology (DEITY) and Department of Administrative Reforms and Public Grievances (DARPG) in 2006.
The NeGP aims at improving delivery of Government services to citizens and businesses with the following vision: “Make all Government services accessible to the common man in his locality, through common service delivery outlets and ensure efficiency, transparency & reliability of such services at affordable costs to realise the basic needs of the common man.”

 

Recent initiatives and Mission mode Projects

§  UID

The unique identification project was conceived as an initiative that would provide identification for each resident across the country and would be used primarily as the basis for efficient delivery of welfare services. It would also act as a tool for effective monitoring of various programs and schemes of the government.

 

  • e-Governance in Municipalities

It is a unique initiative of the Government of India conceptualized under the umbrella of the overall National e-Governance Plan (NeGP) and the Jawaharlal Nehru National Urban Renewal Mission (Jnnurm) aimed at improving operational efficiencies within Urban Local Bodies (ULBs).

 

§  Crime and Criminal Tracking Network & Systems

Crime and Criminal Tracking Network & Systems (CCTNS) MMP aims at creating a comprehensive and integrated system for enhancing the efficiency and effective policing at all levels and especially at the Police Station level through adoption of principles of e-Governance, and creation of a nationwide networked infrastructure for evolution of IT-enabled state-of-the-art tracking system.

 

§  Public Distribution System

Computerization of the PDS is envisaged as an end-to-end project covering key functional areas such as supply chain management including allocation and utilization reporting, storage and movement of food grains, grievance redressal and transparency portal, digitization of beneficiary database, Fair Price Shop automation, etc.

 

§  Health

ICT for programme management has been undertaken by the Ministry of Health & Family Welfare in the Mother and Child Tracking System (MCTS) programme and the Ministry envisages a more comprehensive use of ICT including for Hospital Information Systems, supply chain management for drugs and vaccines, providing ICT tools to ASHA and ANM workers.

 

§  e-procurement

Ministry of Commerce & Industry (Department of Commerce) has been nominated as the Nodal Ministry for implementation of e-Government Procurement (e-GP) Mission Mode Projects (MMP).

 

§  e-Courts

The e-Court Mission Mode Project was conceptualized with a vision to transform the Indian judiciary by making use of technology. The project had been developed, following the report submitted by the e-Committee under Supreme Court on national policy & action plan on implementation of information communication tools in Indian judiciary.

 

§  e-Biz

The e-Biz Mission Mode Project, being executed by Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India, was conceptualized with the vision

 

  • Direct Cash transfer

To facilitate disbursements of Government entitlements like NREGA, Social Security pension, Handicapped Old Age Pension etc. of any Central or State Government bodies, using Aadhaar and authentication thereof as supported by UIDAI.

 

  • M Governance

M-Governance is not a replacement for e-Governance, rather it complements e- Governance. M-Governance, is the use of mobile or wireless to improve Governance service and information “anytime, anywhere”.

  • Mobile Seva

It aims to provide government services to the people through mobile phones and tablets. It has been developed as the core infrastructure for enabling the availability of public services through mobile devices.

 

 

State Executive:-Governor,Chief Minister and the Council of Ministers

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The Governor is the head of the state executive. He is also the representative of the Centre in  the  state.  The Governor acts as the nominal head whereas the real power lies in the hand of the  Chief Ministers of the states and the Chief Minister’s Council of Ministers.

Article 153 of the Constitution states that there shall be a Governor for each State.  One person can be appointed as Governor for two or more States. Article 154 vests the executive power of the State in the Governor.  Article 155 says that “The Governor of a State shall be appointed by the President by warrant under his hand and seal”.  Article 156 provides that “The Governor shall hold office during the pleasure of the President”.  The term of the Governor is prescribed as five years.   The only qualifications for appointment as Governor are that he should be a citizen of India and must have completed the age of thirty-five years.

The powers of the Governor can be categorized as

(i) Executive powers:-Governor is the head of the State executive and The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.Governor appoints the Chief Minister of the State. Other ministers are also appointed by the Governor on the advice of the Chief Minister. The ministers including the Chief Minister hold office during the pleasure of the Governor.

(ii) Legislative powers:- Governor  has the right of addressing and sending messages, summoning, deferring and dissolving the State Legislature. The Governor inaugurates the state legislature and the first session of each year, by addressing the Assembly, outlining the new administrative policies of the ruling government.The Governor lays before the State Legislature, the annual financial statement and also makes demands for grants and recommendation of ‘Money Bills’.The Governor constitutes the State Finance Commission. He also holds the power to make advances out of the Contingency Fund of the State in the case of any unforeseen circumstances.All bills passed by the Legislative Assembly become a law, only after the Governor approves them. In case it is not a money bill, the Governor holds the right to send it back to the Vidhan Sabha for reconsideration. But if the Vidhan Sabha sends back the Bill to the Governor the second time, then he has to sign it.The  Governor  has  the  power  to  reserve  certain  bills  for  the President. The Governor has the power to promulgate an ordinance when the Legislative Assembly is not in session, and a law has to be brought into effect immediately. However, the ordinance is presented in the state legislature in the next session, and remains operative for a total of six weeks, unless it is approved by the legislature.

 

(iii) Financial powers:-Money bills in the State legislature cannot be introduced without prior recommendation of the Governor.  Governor ensures that the Budget of the state is laid before the assembly every year. The “Contingency Fund of the state” is maintained and administered by the Governor of the state. Governor can advance money out of it for meeting unforeseen expenditures, but the money has to be recuperated with the authority of the state legislature. The Governor of the state receives the report of the States auditor general pertaining to the accounts of the legislature and puts it before the state legislature.

(iv) Judicial powers:-Under Article.161, Governor has the power to grant pardon, reprieve or remission of punishment or to  suspend,  remit or  commute  the  sentences  of  any  person,  convicted  of  any  offence against any law relating to the matter which the executive authority of the state extends.

(v) discretionary powers:-When no party gets a majority in the Legislative Assembly, the Governor can either ask the leader of the single largest party or the consensus leader of two or more parties (that is, a coalition party) to form the government. The Governor then appoints the leader of the largest party as Chief Minister.

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.

 

Framing of Indian Constitution

by

Making of the constitution

  • 1934: Idea of constituent assembly put forward by M N Roy
  • 1935: INC officially demands constituent assembly
  • 1938: JL Nehru’s declaration on the constitution of India
  • 1940: Nehru’s demand accepted in the form of August Offer
  • August Offer
    • PM: Winston Churchill
    • While rejecting INCs demand for independence of India after the war on the ground that INC is not representative of the minorities, three offers were made
    • Expansion of Viceroy’s executive council with the inclusion of Indian representatives
    • An advisory body with the members from British India and Indian princely states which were supposed to meet at consequent intervals was established
    • Two practical steps were decided to be taken in which it was to come at an agreement with the Indians on the form which the post representatives body should take and the methods by which it should come to a conclusion.
    • It further planned to draw out the principles and outlines of the Constitution itself
    • Congress rejected the offer
  • 1942: Cripps Mission
    • PM: Winston Churchill Sec of State: Leo Amery                                Viceroy: Linlithgow
    • On the framing of an independent constitution to be adopted after the WW II
    • Cripps proposals rejected by the ML which wanted India to be divided into two autonomous states
  • 1946: Cabinet Mission
    • PM: Clement Attlee Viceroy: Lord Wavell
    • Members: Pethick Lawrence (sec of state for India), Stafford Cripps, A V Alexander
    • Simla Conference
    • May 16 plan
      • United dominion of india would be given independence
      • Muslim majority and Hindu majority provinces to be grouped
      • Central government to run foreign affairs, defence and communications while rest of the responsibility would belong to the provinces, coordinated by the two groups
    • Interim cabinet was formed. ML joined the cabinet but decided to boycott the constituent assembly
  • 1946, Nov: Constituent Assembly formed under the Cabinet Mission Plan
  • First meeting of CA on December 9, 1946. Sacchidanada Sinha was elected the temporary Presidetn
  • Dec 11, 1946: Rajendra Prasad and H C Mukharjee elected as the President and VP of the assembly respectively.
  • BN Rao was the constitutional advisor to the assembly
  • Dec 13, 1946: Objectives Resolution moved by JL Nehru
  • Jan 22, 1947: Objectives resolution adopted
  • June 3, 1947: Mountbatten plan. Partition of the country announced.
  • Jan 24, 1950: Final session of the CA. It however continued as a provisional body from Jan 26, 1950 till the formation of the new Parliament after the first general elections in 1951-52

Major Committees of CA

Committee Chairman
Union Powers Committee JL Nehru
Union Constitution Committee JL Nehru
Committee for Negotiating with States JL Nehru
Steering Committee Rajendra Prasad
Rules of Procedure Committee Rajendra Prasad
Provincial Constitution Committee Sardar Patel
Committee on Fundamental Rights and  Minorities.

Two sub committees ( FR , Minorities)

 Sardar Patel

(J B Kriplani, H C Mukharjee)
Drafting Committee B R Ambedkar
  • Drafting Committee was setup on Aug 29, 1947. It had seven members
    • B R Ambedkar
    • Alladi Krisnaswamy Ayyer
    • N Gopalaswamy Ayyangar
    • K M Munshi
    • TT Krishnamchari
    • N Madhava Rau
    • Syed Mohammad Saadullah
  • Nov 26, 1949: Constitution was adopted
  • The Preamble was enacted after the entire Constitution was already enacted