Polity for Prelims and Mains Exam

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

Union Executive:-President,Vice President, Prime Minister and the Council of Ministers

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Union Executive:-President

The Union executive consists of the President, the Prime minister and the Council of ministers.

Powers and functions of The President of India

The President is the head of the Indian State. He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation. Article 52 of our constitution provides for a President of India .

Article53 (1) says that the executive power of the union shall be vested in the President and shall be exercised by him either by directly or through officers subordinate to him in the constitution.

Article 53(2) declares the President as the supreme commander of the defence forces and exercise of his power would be regulated by law.

Executive Powers of President: The Constitution of India vests the executive powers of the Union in the President.

  • He/She appoints the Prime Minister, who is the leader of the majority party or group of parties having majority in the lower house, the Lok Sabha.
  • He/She also appoints other members of the Council of Ministers on the recommendations of the Prime Minister.
  • All executive actions of the Union must be expressed to be taken in the name of the President.
  • He/She also appoints Governors in the States, the Attorney General of India, the Comptroller and the Auditor General of India, the Ambassadors and High Commissioners as well as the Administrators of the Union Territories.
  • He/She also appoints the Chairman and Members of the Union Public Service Commission as well as the Chief Justice and Judges of the Supreme Court and the High Courts.
  • The President is the supreme commander of the Armed Forces and appoints the Chiefs of the three wings, Army, Airforce and Navy.

Legislative Powers of the President

  • President summons both the Houses of the Parliament for sessions.
  • President also prorogues the sessions.
  • President is also responsible for dissolving the Lok Sabha.
  • The first session of each year and the first session of newly elected Lok Sabha after the general elections begin with the address of the President.
  • President can nominate two members in the Lok Sabha belonging to the Anglo Indian community.
  • President has the power to send messages to the Parliament.
  • President can nominate 12 members to the Rajya Sabha.
  • President submits the reports of UPSC, Finance Commission etc. to the Parliament. the assent of the President. To introduce certain bills in the
  • No bill can become a law without Parliament, prior permission of the President is required. E.g. Money bills.
  • President possesses Veto power.
  • President has Ordinance making power under Article 123.

Financial Powers of The President

  • All money bills are introduced in the Lok Sabha only with the prior approval of the President.
  • The President has the control over Contingency Fund of India. It enables her to advance
    money for the purpose of meeting unforeseen expenses.
  • Annual budget and railway budget are introduced in the Lok Sabha on the recommendation of the President.
  •  The President appoints the Finance Commission after every five years. It makes recommendations to the President on some specific financial matters, especially the distribution of Central taxes between the Union and the States.
  • The President also receives the reports of the Comptroller and Auditor-General of India, and has it laid in the Parliament.

Diplomatic Powers of The President:

  • The President has the power of appointing Indian Ambassadors to other countries
  • He receives ambassadors, High Commissions and diplomatic envoys from foreign Nations.
  • All treaties and international agreements are concluded in the name of the President.
  • The president represents India in International Conferences.

Judicial Powers of the President

  • The President, as head of state, can pardon a criminal or reduce the punishment or suspen cummute or remit the sentence of a criminal convicted by the Supreme Court or High Courts for an offence against the federal laws.
  • Presidents pardoning power comprises of Pardon, reprieve, remission, respite and commutation.
  • The President can pardon a person convicted by a Court Martial. His/her power of pardon includes granting of pardon even to a person awarded death sentence. But, the President performs this function on the advice of Law Ministry.
  • Advisory Jurisdiction under Article 143 also comes under judicial powers of the President.

Emergency Powers of the President:-

  • 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.

Vice President

Vice-President performs a dual role : (1) as Vice-President (2) as the Chairman of Rajya Sabha. The Vice-President is the ex-officio Chairman of Rajya Sabha which means that whosoever is the Vice-President, he/she presides over the Rajya Sabha and performs normal duties of a presiding officer. These include maintenance of order in the House, allowing members to speak and ask questions, and putting bills and motions to vote.

He/She is elected by an electoral college which consists of the members of both Houses of the Parliament. He/She is

elected according to the system of proportional representation by means of a single transferrable vote, and the voting is by secret ballot.

The  Vice-President  can  be  removed  from  his  office  by  a  resolution  of  the  Rajya  Sabha passed by its members and agreed by Lok Sabha. At least fourteen days’ notice is necessary before such resolution is moved.

The Vice-President is the ex-officio Chairman of Rajya Sabha which means that whosoever is the Vice-President, he/she presides over the Rajya Sabha and performs normal duties of a presiding officer. These include maintenance of order in the House, allowing members to speak and ask questions, and putting bills and motions to vote. Since the Vice-President is not a member of the Rajya Sabha, he/she cannot vote in the House. But, in case of a tie (equality of votes in favour and against a bill), the Vice President exercises his/her casting vote so that a decision can be reached.

If ever a vacancy arises in the office of President, due to death, resignation or impeachment, the Vice-President officiates as the President for not more than six months (see above). During that period, he enjoys all powers of the President, and does not preside over the House when he officiates as President.

In case the President is temporarily unable to discharge his/her functions, the Vice-President may be called upon to discharge his/her functions, without becoming officiating President.

 

Prime Minister and the Council of Ministers

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

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

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

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

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

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

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

Fundamental Rights and Duties

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The Indian constitution originally provided 7 categories of fundamental rights. But one fundamental right, that to property was removed from the list of fundamental rights by 44th amendment. Right to property now is an ordinary legal right. Thus there are now 6 categories of fundamental rights. These are:

 (1) Right to equality (Arts. 14-18).

In this category there are five rights

  • Equality Before Law:- Equality before law is well defined under the Article 14 of the Constitution which ensures that every citizen shall be likewise protected by the laws of the country. It means that the State will not distinguish any of the Indian citizens on the basis of their gender, caste, creed, religion or even the place of birth. The state cannot refuse equality before the law and equal defense of the law to any person within the territory of India. In other words, this means that no person or groups of people can demand for any special privileges. This right not only applies to the citizens of India but also to all the people within the territory of India. Equality means that equals should be treated equally.
  • Abolition Of Discrimination On Grounds Of Caste, Race, Sex Or Religion:- The right of Social Equality and Equal Access to Public Areas is clearly mentioned under the Article 15 of the Constitution of India stating that no person shall be shown favoritism on the basis of color, caste, creed language, etc. Every person shall have equal admittance to public places like public wells, bathing ghats, museums, temples etc. However, the State has the right to make any special arrangement for women and children or for the development of any socially or educationally backward class or scheduled castes or scheduled tribes. This article applies only to citizens of India.
  • Equality in public employment, Article 16 of the Constitution of India clearly mentions that the State shall treat everyone equally in the matters of employment. No citizen shall be discriminated on the basis of race, caste, religion, creed, descent or place of birth in respect of any employment or office under the State. Every citizen of India can apply for government jobs. However, there are some exceptions to this right. The Parliament may pass a law mentioning that specific jobs can only be filled by candidates who are residing in a particular area. This requirement is mainly for those posts that necessitate the knowledge of the locality and language of the area. Apart from this, the State may also set aside some posts for members of backward classes, scheduled castes or scheduled tribes which are not properly represented in the services under the State to uplift the weaker sections of the society. Also, a law may be passed which may entail that the holder of an office of any religious institution shall also be a person professing that specific religion. Though, this right shall not be granted to the overseas citizens of India as directed by the Citizenship (Amendment) Bill, 2003.
  • Abolition of untouchability, Article 17 of the Constitution of India abolishes the practice of untouchability in India. Practice of untouchability is declared as a crime and anyone doing so is punishable by law. The Untouchability Offences Act of 1955 (and now Protection of Civil Rights Act in 1976) states punishments for not allowing a person to enter a place of worship or from taking water from a well or tank.
  • Abolition of titles. Article 18 of the Constitution of India prohibits the State from granting any titles. Citizens of India are not allowed to accept titles from a foreign State. Titles like Rai Bahadurs and Khan Bahadurs given by the British government have also been abolished. Nevertheless, academic and military distinctions can be conferred upon the citizens of India. The awards of ‘Bharat Ratna’ and ‘Padma Vibhushan’ cannot be used by the beneficiary as a title and is not prohibited by the Constitution of India. From 15 December 1995, the Supreme Court has sustained the validity of such awards

 (2) Rights to freedom.

(Arts. 19-22) these now include six freedoms-

  • Freedoms of speech and expression,
  • Freedom of assembly without arms of association,
  • Freedom of movement,
  • Freedom of residence and
  • Freedom of profession oroccupation.

Each one of these six freedoms is subject to some restrictions. For rights can never be absolute. Individual rights must be reconciled with the interests of the community. It is logical that equal rights for all must mean limited rights for any. Hence, the state may impose ‘reasonable restrictions’ upon the exercise of any of these rights.

Restrictions

Firstly, the state may impose restrictions on the exercise of the right to freedom of speech and expression on eight grounds. These are:

  1. defamation,
  2. contempt of court,
  3. decency or morality,
  4. security of the state,
  5. friendly relations with other states,
  6. incitement of offence and,
  7. sovereignty and
  8. integrity of India.

Secondly, the freedom to assemble is subject to two restrictions. The assembly must be peaceable and the members of assembly must not bear arms. However the Sikhs are allowed to carry ‘Kirpan’ as part of their religious creed. In the U.S.A. right to bear arms is fundamental right. In India, this right is denied in the interest of public order.

Thirdly, the right to form associations or unions does not entitle persons to enter into criminal conspiracy either against individuals, groups or against the state.

Fourthly, the right to move freely or to reside and settle in any part of India, does not cover trespass into homes or restricted areas. State also may restrict this freedom to protect the aboriginal tribes.

Finally, the right to practice any profession or to carry on any occupation, trade or business are also subject to reasonable restrictions. Thus professions or, trade or, business must not be harmful to the interest of the community. The state may also prescribe qualifications for particular profession or, technical occupation. The state may itself carry on trade or business to the exclusion of citizens.

Power of Courts to enforce freedom of citizens of India

Every Indian citizen has the power to move the High Court or the Supreme Court for protecting and securing his personal freedom. The Courts are empowered to issue writs in the nature of habeas corpus. The courts can order the presence of detained or imprisoned person and set him free in case there is no legal justification for his detainment or imprisonment.

Rights to Freedom during National Emergency

The rights to freedom under Article 19 of Indian constitution are suspended during the period of National Emergency declared by the President of India.

Further, during the period when the National emergency is in operation, the President is empowered to suspend the right of citizens to move the Supreme Court for the enforcement of their personal freedom.

Conclusion

Each one of the fundamental freedoms guaranteed by the constitution of India is hedged by many restrictions. They are not absolute. This led to the criticism that Indian freedom is a myth and not reality for what has been given with one hand has been taken away with the other.

This criticism is unfair. For fundamental rights can nowhere be absolute. For logically, one can be absolutely free only when all others are absolute, slaves Individual freedom to be real must be social and hence must be limited.

There is a difference in the scheme of limitations on fundamental rights in the U.S. constitution and in the constitution of India. In the U.S.A. the restrictions are not mentioned in the constitution itself. This is left to judicial interpretations. In India on the other hand, the restrictions are mentioned in the constitution itself. It is not left to the vagaries of judicial interpretation.

On the whole fundamental rights everywhere are restricted or, limited. As Mr. Justice Mukherji observed in A. K. Gopalan vs. State of Madras case” There cannot be any such thing as absolute or uncontrolled liberty wholly freed from restraints.”

These freedoms are however not without limitations.

(3) Rights against exploitation (Arts. 24 and 25)

Include prohibition of traffic in human beings and prohibition of child labour.

(4)  Rights to freedom of religion (Arts. 25-28)

Include  freedom of conscience and freedom of religion. Citizens are free to profess and practice any religion. These provisions make India a secular state.

 (5) Cultural and Educational rights (Arts. 29-30)

Include right to protection of language, script and culture given to the minorities. The minorities are also given the right to establish and administer educational institutions of their own.

(6)   Right to constitutional remedies (Arts. 32-35)

Provides for enforcement of fundamental rights through the judicial process.Dr BR Ambedkar  expressed it to be the heart and soal of Indian constitution.

Thus the constitution contains an elaborate scheme of fundamental rights. But the fundamental rights in India are not absolute. They are hedged by many limitations. Indeed, fundamental rights cannot be absolute anywhere in the world. Countries differ only in their degree of limitations on fundamental rights.

Part IV-A was added by the 42nd Amendment Act, 1976. It encompasses Part IV, Article 51A enu­merating Ten Fundamental Duties of the Citizens of India.

There is no provision in the Constitution for direct enforcement of any of these Duties nor for any sanction to prevent their violation.But it may be expected that in determining the Consti­tutionality of any law, if a Court finds that it seeks to give effect to any of these duties, it may consider such law to ‘be reasonable’ in relation to Article 14 or 19, and thus save such law from unconstitutionality.

Provisions relating to Administration of Scheduled Areas and Scheduled Tribal Areas.

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“The Scheduled Areas” are those tribal inhabited areas which are located in other parts of the country than the North-East India. These areas are located in the states of Andhra Pradesh, Bihar, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Jharkhand, Maharashtra, Orissa and Rajasthan. Besides these areas, some other regions of the country also are governed by the special provisions.

In the Article 244(1) of the Constitution, expression Scheduled Areas means such areas as the President may by order declare to be Scheduled Areas.

The President may at any time by order

(a) direct that the whole or any specified part of a Scheduled Area shall   cease to be a Scheduled Area or a part of such an area;

(b) increase the area of any Scheduled Area in a State after consultation with the Governor of that State;

(c) alter, but only by way of rectification of boundaries, any Scheduled Area;

(d) on any alteration of the boundaries of a State on the admission into the Union or the  establishment of a new State, declare any territory not previously included in any State  to be, or to form part of, a Scheduled Area;

(e) rescind, in relation to any State of States, any order or orders made under these provisions and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas.

For the overall welfare and development of the scheduled tribes, a Tribal Advisory Council is constituted in each state with a scheduled area.Tribes Advisory Council has following functions
(1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State:Provided that if the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.
(3) The Governor may make rules prescribing or regulating, as the case may be,

 

Lok Adalats and Legal Awareness Campaign

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LOK ADALATS

Lok stands for People and the word Adalat means Court. Lok Adalat is a special kind of people’s court in which disputes solved by direct talks between the litigants. The members of legal profession, college students, social organisations, charitable and philanthropic institutions and other similar organisations may be associated with Lok Adalat. Salient features of this dispute resolutions are participation,accomadation,fairness,expectations,voluntariness,neighbourliness,transparency and lack of animosity.Lok Adalat after studying the case, try to solve the simple differences which otherwise are likely to leave for reaching consequences through mutual understanding and compromise. The concept of Lok Adalat is an innovative Indian contribution to the world jurisprudence.

Ancient concept of settlement of dispute through mediation, negotiation or through arbitral process known as ‘People’s court verdict’ or decision of ‘Nyaya-Panch’ is conceptualised instutionalised in the philosophy of Lok Adalat. The concept of Lok Adalat was pushed back into oblivion in last few centuries before independence and particularly during British regime.  Now this concept has been rejuvenated and became more popular amongst litigants. Camps of Lok Adalat were initially started in Gujarat in March 1982, and now it has been extended throughout the country. The evolution of this movement was a part of the strategy to relieve heavy burden on the Courts with pending cases and to give relief to the litigants who were in the queue to get justice. And the Legal Services Authorities Act 1987 gave a statutory status to Lok Adalats pursuant to the Constitutional mandate in Art. 39-A of the Constitution of India, contains various provisions for settlements of dispute through Lok Adalat.

Levels of lok adalats

State Authority Level –  The Member Secretary of the State Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judge of the High Court or a sitting or retired judicial officer and any one or both of- a member from the legal profession; a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes.

High Court Level: The Secretary of the High Court Legal Services Committee would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judge of the High Court and any one or both of- a member from the legal profession; a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes.

District Level: The Secretary of the District Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial officer and any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes or a person engaged in para-legal activities of the area, preferably a woman.

Taluk Level: The Secretary of the Taluk Legal Services Committee organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial officer and any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes or a person engaged in para-legal activities of the area, preferably a woman.

National Lok Adalat:  National Level Lok Adalats are held for at regular intervals where on a single day Lok Adalats are held throughout the country, in all the courts right from the Supreme Court till the Taluk Levels wherein cases are disposed off in huge numbers. From February 2015, National Lok Adalats are being held on a specific subject matter every month.

Permanent Lok Adalat: The other type of Lok Adalat is the Permanent Lok Adalat, organized under Section 22-B of The Legal Services Authorities Act, 1987. Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services like transport, postal, telegraph etc. Here, even if the parties fail to reach to a settlement, the Permanent Lok Adalat gets jurisdiction to decide the dispute, provided, the dispute does not relate to any offence. Further, the Award of the Permanent Lok Adalat is final and binding on all the parties. The jurisdiction of the Permanent Lok Adalats is upto Rs. Ten Lakhs. Here if the parties fail to reach to a settlement, the Permanent Lok Adalat has the jurisdiction to decide the case. The award of the Permanent Lok Adalat is final and binding upon the parties. The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, taking into account the circumstances of the case, wishes of the parties like requests to hear oral statements, speedy settlement of dispute etc.

Mobile lok adalat: Mobile lok adalat is new concept in which justice is delivered through van. The van consists of facilities like court compartments with basic amenities as well as microphone, computer, printer, seating arrangement for lawyers and the team, cabinet for the presiding officer, projector, internal and external address system, and generator among others.

Benefits of lok adalats

  • There is no court fee and even if the case is already filed in the regular court, the fee paid will be refunded if the dispute is settled at the Lok Adalat.
  • There is no strict application of the procedural laws and the Evidence Act while assessing the merits of the claim by the Lok Adalat. The parties to the disputes though represented by their Advocate can interact with the Lok Adalat judge directly and explain their stands in the dispute and the reasons therefore, which is not possible in a regular court of law.
  • Disputes can be brought before the Lok Adalat directly instead of going to a regular court first and then to the Lok Adalat.
  • The decision of Lok Adalat is binding on the parties to the dispute and its order is capable of execution through legal process. No appeal lies against the order of the Lok Adalat whereas in regular courts of law there is always a scope to appeal to the higher forum on the decision of the trial court, which cause delay in the settlement of dispute finally. The reason being that in a regular court, decision is that of the court but in Lok Adalat it is mutual settlement and hence no case for appeal will arise. In every respect the scheme of Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost.

Legal awareness campaign

The growing number of issues, problems, unabated corruption and indecisiveness prevailed in our society that has given rise to demand support from the people of the country. Be it the legal, poverty, literacy, health, environment and many other issues – each cause is clamoring for public attention. Effort to get such attention, the governments and organizations has come together to devote to a particular cause so that awareness may be raised for the welfare of the society.

Understanding of the legal literacy and legal awareness is the need of the hour to deal with these uncertain problems existing and rising in the society. What it is, why it is important, and how we can promote it. Majority people of India are legal illiterate and not aware of the basic rights conferred upon them by law. Substantial population of the country living in the cities, towns and villages do not know what are their rights and entitlements under the law. Even the literate people are helpless and confused when there is a violation or infringement of a right enforceable in law.

Lack of knowledge about the basic legal and civil liberties, human rights, constitutional directives, and principles and other guidelines that protect the people’s dignity, liberty and freedom manifests itself in the society in the form of problems such as child labour, human trafficking, domestic violence, child marriage, dowry etc. that threatens the safety of all.   Therefore, the absence of the legal awareness in the society is mainly responsible for the deception, exploitation and deprivation of rights and benefits, from which the people suffer in the hands of state apparatus. The miserable condition in which the people find themselves can be alleviated to some extent by creating legal literate and legal awareness amongst the people. At this backdrop, legal literacy and legal awareness assume critical significance.

 

Constitutional and legal provisions for legal awareness

In 1987, the Legal Services Authorities Act (LSAA) was enacted by the Parliament which came into force on 9th November, 1995 with an object to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity. The National Legal Services Authority (NALSA) has been constituted under the LSAA, 1987 to monitor and evaluate implementation of legal services available under the Act.   This Act was passed with the affirmed objective of fulfilling one of the Directive Principles of State Policy enunciated in Article 39A of the Constitution of India. Under it, the Constitution of India provides for equal justice and free legal aid – The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Under the Articles 14 and 22(1) also provide that it’s the obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.   In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State. The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority. And in every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District.

 

Role of NALSA in legal awareness and legal aid

  • Legal Aid Counsel Scheme to provide meaningful legal assistance to under trial prisoners, who feel handicapped in their defense on account of lack of resources or other disabilities and cannot engage a counsel to defend them.
  • Counseling and Conciliation Scheme to encourage the settlement of disputes by way of negotiations and conciliation.
  • Supreme Court Middle Income Group Scheme to provide legal services to the middle income class citizens, i.e., citizens whose annual income does not exceed Rs. 2 lakh.
  • The NALSA organizes Judicial colloquium to create a forum for ongoing regional cooperation among Judges focusing on Human Rights and Access to Justice.
  • Victims Assistance Program (VAP) has been prepared by the NALSA target the most disadvantaged, distraught vulnerable and victimized population.

Ancient Indian History(Quick Revision)

by

 

 

Pre-Harappan Period

    Lower Paleolithic   Hand axe & cleaver industries Pahalgam, Belan valley (U.P),  
    (600,000 – 60,000 BC)     Bhimbetka, Adamgarh, 16 R Singi Talav  
    Middle Paleolithic   Tools made on flakes Bhimbetka, Nevasa, Pushkar, Rohiri  
    (150,000 – 40,000 BC)     hills of upper sind  
    Upper Paleolithic   Tools made on flakes & blades Rajasthan, Parts of Belan & Ganga  
    (45,000 – 10,000 BC)     Valley (U.P).  
    Mesolithic/ Microlithic   Parallel sided blades of chert, Bagor (Raj), Langhnaj (Guj), Sarai  
    (10,000 – 7000 BC)   chalcedony, jasper, agate Nahar Rai, Chaopani Mando, Mahdaha,  
              Damdama (U.P), Bhimbetka, Adamgarh.  
    Neolithic   Earthern pots Mehrgarh (Pak) Gufkral & Burzahom  
    (8000 BC – 2000 BC)     (J&K), Mahgara, Chopani Mando,  
              Kodihwa in Belan Valley (U.P.) Chirand  
              (Bihar).  
    Chalcolithic   Distinct painted pottery Cultures: Ahar culture (oldest), Kayatha,  
    (3000-900 B.C.)   Fire worship widespread. Malwa culture, Salvada culture, ,  
              Prabhas culture, Rangpur culture &  
              Jorwe culture (newest).  
    Copper Hoard Culture   Harpoons, Antennae swords, Gungeria (M.P-largest)  
            Anthromorphs    
    OCP Culture   Pottery with bright red slip & All over gangetic plain with same  
    (Ochre coloured pottery)   painted in black. regions as that of copper hoard culture.  
    •Ahar people (Aravalli region) – distinctive black & red ware decorated with white designs.  
    •Prabhas & Rangpur wares have a glossy suface due to which they are called lusturous red ware.  
    •Jorwe culture (Maharashtra) – painted black on red but has a matt surface treated with a wash.  
            Select Harrapan Cities (Chalcolithic Age)  
1.   Harappa   Great granary, 40 % of total seals found here; Seals usually made of steatite  
      [Dayaram Sahni]   depicting elephant, bull, unicorn, rhinoceros; figurines – torso  
2.   Mohenjodaro   “Mound of the dead”; largest of all cities; Great Bath; granary; city was  
      [R.D Banerjee]   flooded occasionally, figurines of yogi, bronze dancing girl, seal bearing  
          Pashupati.    
3.   Lothal   [S.R. Rao]. Earliest cultivation of rice; Fire altars  
           
4.   Kalibangan   [A. Ghosh]. Fire Altars showing cult sacrifice;  
             
5.   Dholavira,   [R.S. Bisht]    
6.   Banwali   [R.S. Bisht] Fire Altars;    
7.   Mehrgarh   Evidences of cotton;    

 

 

 

 

 

 

 

 

 

 

 

 

 

  Indian Religious Books
Puranas Divided into sarga, pratisarga, manvantantar, vamsa (genealogical list of kings) &
  vamsanucharita. 18 main puranas & 18 subsidiary puranas.
Vedas Meaning “knowledge”. Rigveda (hymns), Yajurveda (sacrificial formulae), Atharvaveda
  (magical charms & spell), Samveda. Vedas are called aparusheya (not created by man) &
  nity
Upanishads About 200 in number. Deal with philosophy. Oldest & most important are Chhandogya &
  Brihadranyaka. Other important are Kathak, Isa, Mundaka, Prasna etc. Do not believe in
  sacrificial ceremonies.
Brahmanas Talks about vedic hymns, their application, stories of their origin. Each Brahmana is
  associated with one of the four VedasAitareya brahmana is associated with Rig Veda &
  Satapatha Brahmana with Yajur veda.
Aranyakas Meaning ‘the forest books’. They discuss philosophical meditation  & sacrifice.
Vedangas Evolved for proper understanding of the Vedas. Six in all: Siksha (phonetics), Kalpa
  (rituals), Vyakarna, Nirukta (Etymology) Chhanda (metrics) & Jyotisha.
Vedanta Advaita Vedanta of Adi Sankara.

 

 

 

 

Ancient Books & Authors

1. Mudrakshasha (Chandragupta Maurya defeating the Nandas); Vishakhadatta
  Devichandraguptam  
2. Malavikagnimitram (Pushyamitra Sunga) Kalidas
3. Gudavaho (Yasovarman of Kannauj) Vakpati
4. Vikramanakadevacharita (Chalukya king Vikramaditya) Bilhana
5. Kumarapalacharita Jayasimha
6. Hammirakavya Nyayachandra
7. Dvayashraya Mahakavya; Sapta Sadhana Hemchandra
8. Navashasankacharita Padmagupta
9. Bhojaprabandha Billal
10. Prithvirajcharita Chandrabardai
11. Meghaduta; Raghuvamsa; Kumarasambhava; Vikramorvasiyam Kalidas
  Abhijnanashakuntalam (Drama);  
12. Mrichakatika Sudraka
13. Uttarama-Charita; Malati Madhava Bhavbhuti
14. Amarakosha Amarasimha
15. Si-yu-Ki Hiuen Tsang
16. Brahmasiddhanta; Khandakhadya Brahmagupta
17. Dasakumaracharita Dandin
18. Astanga-Sangraha; Astanga-Hirdaya-Samhita Vagabhatta
19. Panchsiddhantika; Suryasiddhanta; Brihatsamhita Varahamihira
20. Karpuramanjari; Bala Ramayana; Bala Bharata; Kavyamimamsa; Rajshekhara
  Bhuvana Kosha; Haravilasa  
21. Adinathacharita (Jaina Narrative) Vardhamana
22. Shantinathacharita (Jaina Narrative) Devachandra
23. Parsvanathacharita (Jaina Narrative) Devabhadra
24. Prithviraja Vijay Jayanka
25. Karnasundari Bilhana
26. Saraswati Kanthabharana Bhoja
27. Dasharupa Dhananjaya
28. Harikeli Nataka Visaladeva
29. Prasannaraghava Jayadeva
30. Siddhanta Shiromani [4 parts – Lilavati, Bijaganita, Grahaganita & Bhaskaracharya
  Gola (on Astronomy)]  
31. Rajmariganka (On Astronomy) King Bhoja
32. Chikitsakalika or Yogamala Tisata-Vagbhatta’s Son
33. Mitakasara Vijnanaeshvara
34. Nitishastra (On Polity) Mathara
35. Nitisara  (On Polity) Kamandaka
36. Sushruta Samhita (encyclopedia on surgery) Sushruta
37. Charaka Samhita (Teachings of Atreya) Charaka
38. Buddhacharita, Vajrasuchi, Suandarananda Asvaghosha
39. Mahabhasya Patanjali
40. Harshacharita, Kadambari Banabhatta
41. Ravan Vadha Bhattin

 

 

 

 

 

Famous Inscriptions

Inscription King     Aspect
Junagarh Rock Rudradaman (Saka)   Sanskrit. Says that a dam on the sudarshana lake
            was constructed by Pushyagupta a governor of
            Chandragupta Maurya
Allahabad Pillar Samudragupta   Sanskrit. Composed by Harisena
Aihole Inscription Pulakeshin II   Mentions Harsha defeat by Pulakeshin II.
            Composed by Ravikriti Vishnuvardan son of King.
Gwalior Inscription Bhoja     Most famous Pratihara king.
Hathigumpha Kharvela        
Boghaz koi Proves Rig Veda to be   Indra, Varuna, Mitra, two Nasatyas mentioned
[1400 B.C.] more than 1400 BC old.      
Nanaghat Inscription Satkarni I     Achievements of the king
    [Satvahana king]      
Nasik Inscription Gautamiputra Satkarni   Achievements of the king.
Mehrauli Iron Pillar Chandragupta II      
Mandsor Inscription Kumaragupta I   Composed by Vatsabhatti.
Bhitari Stone pillar Skandagupta        
Tiruvalangadu Rajendra I (Chola)   His conquests (annexed whole of SriLanka)
Uttaramerur Cholar Period   Chola village assemblies
Besnagar Inscription Near Vidisa (MP). Mentions Heliodorus the ambassador of king Antialcidas
    called himself Bhagvata & erected garudadhvaja in his honour of Vasudev.
        Buddhist Councils
I Buddhist Council   500 BC at   Ajatsataru .   Record the Buddha’s sayings (sutra) and codify
    Rajgaha   Presided by   monastic rules (vinaya). Rajgaha is today’s
        Mahakasyapa   Rajgir
II Buddhist Council   383 BC at   Kalasoka   The conservative schools insisted on monastic
    Vaishali         rules (vinaya). The secessionist Mahasangikas
              argued for more relaxed monastic
              rules.Rejection of the Mahasanghikas
III Buddhist Council   250 BC   Ashoka..   Purpose was to reconcile the different schools of
    Pataliputra         Buddhism. Presided by Moggaliputta Tissa
IV Buddhist Council   100 AD   Kanishka   Division into Hinayana & Mahayana. Theravada
    Kashmir   Presided by   Buddhism does not recognize the authenticity of
        Vasumitra &   this council, and it is sometimes called the
        Asvaghosha   “council of heretical monks”.
V Buddhist Council   1871   King Mindon   recite all the teachings of the Buddha and
    Myanmar         examine them in minute detail to see if any of
              them had been altered
VI Buddhist Council   1954   P.M. U Nu    
    Yangoon          

 

            Nastika Shools of Indian System of Philosophy
Charvaka   Believes only in materialism. No life beyond death, no soul no god.
Jaina     The names of two tirthankaras, Rishabhanath & Aristhanemia finds mention in Rig Veda.
540 BC   Twenty third was Parsva, son of Ishvaku king Asvasena. Said to have flourished 300 yrs
          before Mahavira. Mahavira, the last Tirthankara  born in Kundagrama near Vaisali. His
          father Siddhartha was the head of Jnatrika clan & mother Trisala was the sister of Chetaka,
          a Lichchhavi noble. Chetaka’s dauthter was married to Bimbisara the king of Magadha.
          Mahavira was married to Yasoda. Left home at 30 & attained Kaivalya at 42.  He accepted
          4 doctrines of Parsava & added celibacy to it.  Chandragupta Maurya patronized it. Passed
          away at Pawapuri.
Buddha   Gautama (known as Siddhartha as prince) was born in Lumbini near Kapilvastu to
566 B.C.   Suddhodhana, the king of Sakya republic & Mayadevi who died seven days after his birth.
          Gautama was married to Yasodhara from whom he had a son Rahul. 6 years of meditation
          led to enlightenment. First sermon in Sarnath known as ‘Set in motion the wheel of law’.
          Eight fold paths. Buddhism denies efficacy of vedic rituals & superiority of brahmanas.
          Followers were upasakas & bhikshus. Died at the age of 80 in Kushinagar.
            Astika Schools of Indian System of Philosophy
  Vaisesika       Five elements – Earth, water, air, fire, Ether.  
  Nyaya       Accepts all categories of Vaisesika & adds one Abhava (negation).  
  Samkhya       Oldest of all. Twenty five basic principles first being ‘Prakriti’. Gives  
                doctrine of 3 qualities – virtue (sattva), passion (rajas) & dullness (tamas)  
  Yoga           Salvation through: Yama (self control), Niyama, Asanas, Pranayama,  
                Pratyahara (restrain), Dharana (steady mind), Dhyana & Samadhi.  
  Mimamsa       Recognises Vedas as final authority.  
  Vedanta       Adi Sankara is protagonist. Ultimate reality ‘Brahma’ is one. Highest  
                level of truth is that the whole world that exists is Maya. Ramanuja  
                (founder of Sri Vaishnavism) differed from Sankara on his commentaries  
                on Upanishads & Gita.  
                Forms of Marriage
  1.   Brahma     Duly dowered girl to a man of the same class    
  2.   Daiva     Father gives daughter to a sacrificial priest as a part of his fee    
  3.   Arsa       A token bride price of a cow & a bull is given in place of the dowry    
  4.   Prajapatya     Father gives girl without dowry & without demanding the bride price    
  5.   Gandharva     Love Marriage    
  6.   Asura     In which bride was bought from her father    
  7.   Rakshasa     Marriage by capture, practiced especially by warriors.    
  8.   Paishacha     Marriage by seduction    
  Daiva marriage was considered ideal 7 paisacha the worst.    

 

    Dynasties of Ancient Northern India
Dynasty King   Description
Haryanka Bimbisara*   Founded after overthrowing the Brihadrathas. He also annexed
      Anga
  Ajatasatru   Conquered Lichhavis of Vaisali. Also defeated Prasenajit of
      Kosala. Succeded by Udayani who founded Pataliputra.
Sisunga Sisunga   People elected Sisunga as Udayani & his 3 successors were
      unworthy
Nanda Mahapadma   Barber but a great military genius. Defeated many dynasties.
  Nanda*    
Alexander’s Alexander   Defeated Persian King Darius III & marched to India through
Campaign     Khyber pass. King of Taxila offered help.
Mauryas Chandragupta   Educated by Chanakya at Taxila. ‘Parisistha Parvam’ a jain text
  Maurya*   describes that he defeated the Nanda king & became ruler of
  [324-300 BC]   Magadha empire. Defeated Greek, Selecus who had succeded
      Alexander in the eastern part. Selecus sent Megasthenes to his
      court.
  Bindusara   He appointed his two sons, Sumana at Taxila & Ashoka at Ujjain.
  [300-273 BC]   Ptolemy Philadelphous of Egypt sent Dionysius to his court.
  Ashoka   Known as devanampiya & piyadasi. Edicts were in Greek &
      Aramaic in Afghanistan, Prakrit language & Kharosthi script in
      Pakistan. Prakrit language & Brahmi script in other areas. Rock
      Edict XIII (Kalinga war) Bhabru Edict (Buddhism as his religion)
      VII (all sects desire self control & purity) XII (equal respect to all
      religion) II (Dhamma – Common code of conduct). Succeded by 6
      Mauryan kings from Dasaratha to Brihadratha.
Sunga Pushyamitra   Army chief of Maurya king Brihadratha killed him while he was
  Sunga   reviewing the army. Succeded by Agnimitra, Jethmitra &
      Vasumitra. Last king was Devabhuiti.
Meghavahanas Kharavela   Hathigumpha inscription on Udaigiri hills near Bhubneshwar
      refers his achievement till 13th year. Ruled Kalinga.
Satvahanas of Simuka*   Satvahanas also known as Andhras. Succeeded by Krishna,
Deccan [235-213 BC]   Satkarni I, Satakarni II, Gautamiputra Satakarni, Pulmavi II, Sri
      Yajna Satakarni.
Indo Greeks Menander   Ruled in Pakistan region. Converted to Buddhism by Nagasena.
      Milindapanho is related to their conversation.
Sakas Nahapana   Sakas also known as Scythians were driven out of their original
      home land by Yueh Chi who later came to be known as Kushanas.
      Nahapana ruled in western India.
  Rudradaman   Junagarh Rock Inscription talks about him. He undertook the
  130-150 AD   repairs of the Sudarsan dam built by Pushyagupta, governor of
      Chandra Gupta Maurya. Ujjaynii was capital. Dynasty came to an
      end with the last king being defeated by Chandragupta II in 390
      AD
Kushanas Kadphises I   Also called Kujula Kadphises.  Kadphises I was succeded by his
      son Wema Kadphises or Kadphises II – devotee of Shiva.
  Kanishka   Succeded Kadphises II. Capital of his vast empire was Purushapur
  73 – 101 AD   or modern Peshawar.

 

    The Guptas & Later Period
Guptas Chandragupta I Sri Gupta was the first Gupta king followed by Ghatotkacha.
  AD 320 AD Chadragupta I was Ghatotkacha’s son.
  Samudragupta Son of Chandragupta I. Undertook south India campaign.
    Meghavarna, King of Srilanka sent an embassy to his court to
    build a monastery at Bodh Gaya.
  Chandragupta II Son of Samudtragupta & Duttadevi. Married his daughter
  380-413 AD Prabhavatigupta to Rudrasena II of Vataka dynasty. Defeated
    Sakas & took the title of Vikramaditya.
  Later Guptas Kumaragupta I, Skandagupta (Inflicted a crushing defeat on the
    Hunas; repair of the dam on Sudarsana lake built by chandragupta
    maurya & earlier repared by Rudradaman I.
Post Gupta From the decline of Gupta & the rise of Harsha there flourished four major kingdoms
Peiod in north India: Guptas of Magadha, Maukharis (around Kanauj), Maitrakas
  (Saurashtra – Vallabhi as capital), Pushyabhutis of Thaneshwar (Uttaranchal).
Pushyabhuti Harshavardhana Son of Prabhakarvardhana of Pushyabhuti of Thaneshwar. Brother
  606 – 647 AD of Rajyavardhana & Rajyasri (sister married to Maukhari king,
    Grahavarman of Kanauj, later killed by Sasanka of Gauda). Also
    known as Siladitya. Gauda was later divided between him &
    Bhaskarvarman, the king of Kamarupa.
Deccan & Vatakas (Deccan) – Vindhyasakti*, *Pravarasena*. Replaced by Chalukyas.
South India Rashtrakutas – Dantidurga I*. They succeded Chalukyas of Badami.
  Western Gangas (Mysore) – Konkanivarman Dharmamahadhiraja*
  Kadamba Dynasty of Banavasi – Mayursarman*, *Kakusthavarman*
  Pallavas of Kanchipuram – Simhavishnu, Mahendravarman , *Narsimhavarman*
  Later Kanauj was ruled by Yashovarman (discussed in Vakpati’s Gaudavaho)
Gurjara Nagabhatta I* After Nagabhatta I came Vatsaraja who defeated Dharmapala but
Pratiharas   was in turn defeated by Rashtrakuta king Dhruva. Dhramapala
    taking advantage installed his nominee chakrayudha at Kanauj
  Nagabhatta II Defeated Chakrayudha & captured Kanuaj & defeated
    Dharmapala. Ramabhadra succeded him
  Bhoja Succeded his father Ramabhadra. Defeated Rashtrakuta king
    Krishna II. He was devotee of Vishnu & took the title of
    Adivaraha.  He was followed by great ruler Mahendrapala I
Palas Gopala* Elected by people to end Matsyanyaya (internal disorder). Next
    was Dharmapala who installed Chakrayudha at Kanauj but was
    defeated by Dhruva.
  Devapala Most mighty pala king.
Rashtrakutas Dantidurga* Dantidurga was succeded by his uncle Krishna I (built Kailasha)
  Dhruva Defeated both the Pratihara king Vatsaraja &Pala  Dharampala.
    Was succeded by Govinda III & later Amoghavarsha I. Later
    came Indra III (defeated pratihara Mahipala I) & Krishna III
Kamarupa Bhaskarvarama Ruled by single dynasty from the time of Mahabharata upto middle
    7th century till Bhaskaravarma (ally of Harsha). Dynasty came to
    an end after his death.

 

                      South India  
    Cholas Karikala   Defeated joint forces of Chera & Pandyas. Also conquered Sri  
                  Lanka. Capital was at Puhar (Kaveripattanam)  
    Pandyas Nedunjeliyan   Capital at Madurai & port at Korkai. Defeated Cholas & Cheras  
    Cheras Nedunjeral   Cheras are also known as Keralaputras. Nedunjeral Adan &  
            Adan   Sengutturan were the greatest king.  
                    Kings & their Court Jewels  
    1.   Pushyamitra Sunga   Patanjali    
    2.   Mahendrapala I (Pratihara)   Rajshekhara    
    3.   Kanishka         Parsva, Vasumitra, Ashvaghosha, Charaka, Sushruta, Nagarjuna    
    4.   Chandragupta II   Kalidas, Fa-Hien, Varahamihira    
                    Monuments of Ancient Period  
  1.   Udaygiri Caves     During Chandragupta’s reign at Vidisha, M.P.  
  2.   Angorwatt Temples     Suryavarman Ii  
  3.   Vikramashila University     Pala King Dharampala  
  4.   Kailash Temple (Ellora)     Rashtrakuta king Krishna I  
  5.   Dilwara Temple     Tejapala  
  6.   Rathas of Mamallapuram     Mahendravarman I (Pallava King)  
  7.   Khajuraho temples     Chandelas  
  8.   Martanda temple (Kashmir)     Lalitaditya Muktapida  
  9.   Gommateswara  (Son of Rishabnath) Chamundaraya, Minister of the Ganga King, Rajamalla  
                      (Sravanbelagola, Karnataka)  
  10. Hoysalesvara Temple (at Halebid) Ketamalla, a minister of KingVishnuvardhana (Karnataka)  
                      Mahajanapadas  
              Kasi       Varanasi    
              Kosala       Sravasti    
              Kuru       Indraprashta    
              Kamboja       Rajput    
              Anga       Champa    
              Avanti       Ujjayini & Mahishmati    
              Ashmaka       Potana    
              Malla       Kusinagar & Pawa    
              Magadha       Rajgriha or Giriraj    
              Matsya       Virat Nagari    
              Vajji       Vaisali    
              Vatsa       Kausambhi    
              Surasena       Mathura    
              Panchala       Aichhatra    
              Chhedi       Shuktimati    
              Gandhara   Taxila & Pushkalavati    

Administrative Units & Their Ancient Names

S Administrative Part North India South India
1. Provinces Bhukti Mandalam
2. Divisions Vishaya or Bhoga Kottams or Vallandadu
3. District Adhistana/Pattana Nadu
4. Tehsil Vihtis Pattala/Kurram

 

Jargon of Ancient Period

Lohit Ayas Copper Pradeshika Head of district Administration
Syam Ayas Iron Nagarka City administration
Vanik Traders Jesthaka Chief of a Guild
Gramini Village Head Prathamakulika Chief of artisans
Bhagadugha Tax collector Uparika Governor of Bhukti
Sthapati Chief Judge Didishu Remarried woman
Takshan Carpenter Amatya High official
Niska Unit of currency Dvija Initiation into education
Satamana Unit of currency Yukta Revenue officer in the Mauryan period.
Pana Term used for coin Rajjukas Land measurement & fixing land revenue
Shresthi Guilds Sabha Assembly of few select ones
Vihara Buddhist Monastery Samiti Larger Assembly
Chaitya Sacred Enclosure Dharamamahamatya Most important post created by Asoka.

 

 

 

 

Miscellaneous Facts:

 

  1. The Sangama literature [0-400AD] consists of 30,000 lines of poetry divided into two main groups, Patinenkilkanakku (older) & Pattupattu (newer). Established by Pandyan kings of Tamil region.

 

  1. The credit to complete the chart of Ashokan alphabets goes to James Prinsep.

 

  1. Most of the modern scripts of India including Tamil, Telugu, Kannada, Malayalam, Nagari, Gujarati, Bangla have developed from Brahmi script. Ashokan inscription of Shahbazgari & Manashera are written in Kharoshthi.

 

  1. The earliest coins were punch marked silver & copper coins. They bear only symbol & no inscription or legend. Kushanas (Vima Kadphises – figure of Siva standing beside a bull) issued mostly gold coins.

 

  1. Buddha did not visit Taxila in his life.

 

  1. Some of the important rock painting sites are Murhana Pahar (U.P), Bhimbetka, Adamgarh, Lakha Juar (M.P.) & Kapagallu (Karnatka).

 

  1. The extent of Indus valley civilization was Sutkagendor (Baluchistan), Alamgirpur (Meerut), Daimabad (N. Maharashtra) & Manda (J & K). Harrapan civilization is often referred to as Bronze Age civilization. No unambiguous depiction of horse found on any seal. The largest number of seals depict unicorn.

 

  1. Inscription was from right to left but if more than one line than alternated to left to right & vice versa.

 

  1. Yoga was in vogue in Indus civilization. Shiva, Mother goddess, trees, linga, yoni were worshiped. Chanhudaro is the only city without a citadel & Surkotada is the only site where the actual remains of a horse have been found.

 

  1. Decline of Harrapa: Wheeler (Barbarian Aryans attack), John Marshall (environment degradation).

 

  1. The Nadisukta hymn of Rig Veda mentions 21 rivers which include Ganga in the east & the Kubha (Kabul) in the west. Saraswati is considered to be the most important. Zero was known in rig vedic times

 

  1. In the vedic age the varnas were not rigid but they became so in the later vedic period & became birth based rather than profession based. Untouchability had not yet reared its ugly head. Jati had not become a rigid system. Bali which was a voluntary gift to chief earlier became a regular tax in the later vedic age.

 

  1. Moksha can be acquired by Gyan, Bhakti & Karma. Four dynasties stand out prominently in the sixth century B.C are Haryankas of Magadha, Ishvakus of Kosala, the Pauravas of Vatsa & the Pradyotas of Avanti.

 

  1. During the time of Ashoka, Pataliputra was administered by a city council of 30 members divided into a board of 5 members each. Sales tax on goods was 10 %. The Ashokan Pilar with Lion Capital is located at Lauriya Nandangarh, Pillar capital from Rampurva & Capital from Sarnath. Seven rock cut chaitya

 

 

 

caves in the Barabar & Nagarjuni hill show that the tradition of rock cut caves in India began with the

 

Mauryas.

 

  1. The indo-Greeks were the first whose coins carried the portraits of kings & their names. Also they were the first rulers to issue gold coins.

 

  1. In the south the old phase is known as the megalithic phase with the burials being marked by abundance of iron tools & a Black & red pottery. It appears there was an abrupt change from Neolithic to iron age, without any significant Chalcolithic or Bronze age.

 

  1. Anuloma (marriage between male of higher varna& female of lower varna) was considered better than Pratiloma (vv). Grihasta ashram had the duties of yajna, adhyayana &dana.

 

  1. Hinayana was the old order. Mahayana introduced concept of Bodhisttavas, worship of Buddha as god (Hinayanists considered him just a great teacher), salvation of all beings, Sanskrit as new language. The development of Mahayana philosophy is ascribed to Nagarjuna who propounded Madhyamika school of Buddhist philosophy popularly known as Sunyavada.

 

  1. The Mathura & Gandhara schools of art flourished during Kushana period. Mathura school had the distinction of producing the first image of Buddha & Gandhara school was a hybrid of Indo-Greek form.

 

  1. The Stupas as Sanchi, Sarnatha, Amaravati, Bharhut are the best examples. I-tsing came to India in 7th century after spending several years in Sumatra & Sri Vijaya learning Buddhism.

 

  1. In south India, among the Nayannar saints, Tirumular’s Tirmurais are prominent. Saiva saints (Nayannars) were 63 in number. Lingayat (founded by Basava – Kalachuri) was other important sect of Saivism in south India influenced by both Sankara & Ramanuja. Vaishnave saints known as Alvars are traditionally 12 in number. Collection of their work is known as Nalayiraprabandham.

 

  1. The first Jaina council was held at Pataliputra by Sthulabahu in the beginning of third century BC & resulted in compilation of 12 Angas to replace the lost 14 Purvas. In the sixth century A.D. the second Jaina council was held at Valabhi under Devaradhi Kshamasramana & Jain canon was defined.

 

  1. The avatars of Vishnu are matsya, kurma (tortoise), varah (boar), narasimha, vaman (dwarf), parasurama, rama, Krishna, Buddha (the enlightened one) & kalki (to appear).

 

  1. West Bengal was known as Gauda & East Bengal as Vanga. Utkala (Orissa), Pragjotishpur (Assam).

 

  1. The king of Suvarnadwipa (modern Malaya), Balaputradeva erected a monastery at Nalanda & requested Devapala to donate five villages for the maintenance.

 

  1. The philosophy of Sankaracharya (Adi Sankara) is known as Advaita meaning ‘non dual’. He believed that absolute reality called ‘Brahma’ is non dual. Jyotirmatha at Badrinath, Sharadapitha at Dwakra,

 

 

 

 

 

Govardhanamatha at Puri & Shringerimatha in south. He organized Ascetics in ten orders – Giri, Puri (city), Bharati (learning), Vana (wood), Aranya (forest), Parvata, Sagara, Tirtha, Ashrama& Saraswati.

 

  1. Angkorvat temple dedicated to Vishnu & the famous Borobudur stupa in Java. The Sailendra dynasty ruled over SE Asia & followed Mahayana Buddhism.

 

  1. Eastern King (Samrat), Western King (Suvrat), Northern king (Virat), Southern King (Bhoja). After partition of India the largest number of Harappan settlements have been found in Gujarat.

 

  1. The utensils of the Harappan people were made of clay. Lead was not known to the Indus valley people. The Aryans came from Central Asia is widely accepted. The Vedic Aryans first settled in the region of Sapta Sindhu.

 

  1. The Gayatri Mantra is addressed to Savitri (associated with sun god). Two highest gods in the Vedic religion were Indra (war god) & Varuna (ocean god). Division of vedic society The oldest mention of varna system (four classes) is in the Purusha sukta of Rigveda. The dasas & dasyus mentioned in the Rig Veda refer to non-Aryans.

 

  1. The Hindu social sacraments such as marriage are performed on the basis of ritual described in the Grihyasutras. The symbols associated with the five great events of the Buddha are birth (lotus & lion), great renunciation (horse), attainment of knowledge (banyan tree), first sermon (wheel), death (stupa & foot prints). According to Buddha the cause of all sorrows is Trishna (attachment).

 

  1. Vinayak Pitaka, Sutta Pitaka, Abhidhamma Pitaka contain teachings of the Buddha. Jatakas are stories of Buddhas previous life. Outside India, Buddhism was first accepted in Sri Lanka.

 

  1. The Mauryan sculptors had gained highest perfection in the carving of Pillars & the most striking feature is their polish. Two great Buddhist stupas rebuilt during the Sunga (were Brahmanas) Period were Dhammekh stupa at Sarnath & the stupa at Sanghot.

Parliamentary Form of Government

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Parliamentary form of Government is the system of government in which there exists an intimate and harmonious relationship between the executive and the legislative departments, and the stability and efficacy of the executive department depend on the legislature.Its a system of government in which the power to make and execute laws is held by a parliament.

Although the parliamentary government is broadly defined in the above way, in such a system the supremacy of the legislature has now been replaced by the supremacy of the Cabinet. Hence, such form of government is also called Cabinet Government.

In a Parliamentary form of government, the head of the state is usually a different person than the head of the government. A Monarch or a President is usually the head of the state. However, he or she is the head of state, but not the head of government. The functions of the head of the state is chiefly formal or ceremonial. The council of ministers or the cabinet exercises the real executive powers and authority to run the Government. In many countries, the Prime Minister is the the head of the council of ministers.

The Parliamentary or the Cabinet system originated in England. This form of government exists in countries like Britain, India and Canada. This Parliamentary form of government is also called Responsible government.

Features

 

The features of Parliamentary form of Government has been discussed below:

 

  1. Existence of a Titular or Constitutional Ruler: The first characteristic feature of the parliamentary system is the existence of a Titular of Constitutional Ruler. Legally the administration of all the affairs of the state is conducted by the head of the state. In reality, however, the administration is carried by the Council of Ministers. The Monarch or the President, as the case may be, is the head of the state, but not the head of the government.

 

  1. Absence of Separation of Powers: In the parliamentary system the principle of separation of powers is not adopted. Here the three departments of government work in close, intimate contact, sharing some of the powers and functions of one another.

 

  1. Main Role of the Lower House in Ministry-formation: In the parliamentary government the lower house of the legislature, i.e., the popular chamber plays a vital role in the formation of the ministry. The leader of the party or alliance which wins the majority in this house is appointed the Prime Minister or Chancellor. The constitutional ruler appoints the other members of the ministry on his advice.

 

  1. Responsibility to the Legislature: In such a system the Cabinet or Ministry has to remain responsible to the legislature for all its activities and policies. In countries having bi-cameral legislatures, the Cabinet remains responsible to the lower house composed of the people’s representatives.

 

  1. Collective Responsibility: The ministerial responsibility to the legislature may again be of two kinds:

 

Individual responsibility, andCollective responsibility.

Individual responsibility means that the minister in charge of a department must be answerable for the activities of his department. But when the ministers remain jointly or collectively responsible to the legislature for the policies and activities of the government, it is called ‘collective responsibility’. Since no individual minister can unilaterally perform any business of government without the consent of the Cabinet, the entire Ministry or Cabinet has to remain accountable for the errors of the minister concerned.

 

  1. Intimate relationship between the Legislature and the Executive: In the parliamentary system an intimate relationship exists between the executive and the legislative departments. So they can easily control each other. The leaders of the majority party or alliance in the legislature become the members of the Cabinet or Ministry. Naturally, the ministers can easily extend their influence on the legislature. Consequently, the programs and policies of the Cabinet are backed by a majority inside the legislature.

 

  1. Leadership of the Prime Minister: The leadership of the Prime Minister is another major feature of the parliamentary system. The leader of the majority party in the legislature becomes the Prime Minister. Though, in theory, he is ‘primus inter pares’, i.e. ‘first among equals’, in reality, he possesses much greater power and status than the other ministers. As the undisputed leader of the majority party or alliance in the legislature he plays the most vital role in the determination and execution of government policies. Indeed, the success of parliamentary democracy depends, to a great extent, on the personality, efficiency and charisma of the Prime Minister.

 

  1. Existence of a Strong Opposition: The existence of one or more strong and well-organized opposition party or parties is the hall-mark of the parliamentary system. By criticizing the errors of the government, the opposition can compel it to adopt welfare measures and prevent it from becoming despotic. Judged from this angle, the opposition can be called the life-force of parliamentary democracy.

 

  1. Cabinet Dictatorship: In the parliamentary system of government the cabinet has to perform manifold functions.

 

It is the Cabinet which:

 

formulates well-considered policies of the Government after reviewing both the national and international issues,takes necessary, arrangements for passing laws to implement the policies formulated by it,determines the matters to be included in the agenda of the central legislature,controls and directs the administrative departments so that laws, Government orders, etc. are to be implemented properly,co-ordinates the activities of different departments of the Government,prepares the draft budget in consultation with the Prime Minister and takes necessary initiative to get it passed in the legislature,formulates economic policies and takes necessary steps for implementing the same,advice’s the constitutional head to take necessary action during emergency or unforeseen situation, etc.In this way the Cabinet acts as ‘the keystone of the political arch’ or has become the ‘steering wheel of the ship of the state’. In fact, in the parliamentary system of government as the cabinet members are the leaders of the majoity party or alliance in the legislature. Some critics think that the Parliament is controlled by the Cabinet under the leadership of the Prime Minister giving rise to some sort of “Cabinet dictatorship”.

 

Advantages :

 

The Parliamentary form of Government offers a lot of: advantages. The close cooperation between the executive and the legislative organs leades to smooth functioning of government and avoids unnecessary confrontation between them. These two organs work as mutually complementary to each other.

 

The responsibility of the government ensures an open administration. The executive, conscious of its responsibility to remain responsible for all its actions and to answer the question of the legislature relating to administration to their satisfaction always tries to remain alert, because this influences its electoral prospects. The more the mistake the less the chance of popular support in the election.

 

The system is flexible. Flexibility is an asset in any system as it provides room for adjustment. The parliamentary form of government is highly adaptive to changing situation. For example in times of grave emergency the leadership can be changed without any hassles, to tackle the situations as it happened during II World War in England. Mr. Chamberlain made way for Mr. Winston Churchil to handle the war. Even the election can be deferred till normalcy is restored. Such flexibility in the system does not exist in Presidential form of government which is highly rigid.

 

Under this system it is easier to locate responsibility for the lapses in administration. There is a vast body of civil servants who constitute the permanent executive. In fact they help the political masters to formulate policies of administration and their implementation. But it is the political leadership or the cabinet who takes the responsibility for everything in administration. Therefore it is said that the bureaucracy thrives under the cloak of ministerial responsibility.

 

A great merit of the system, as painted by Lord Bryce, if its swiftness in decision making. The executive can take any decision and quickly implement that without any hindrance. Since the party in power enjoys majority support in the legislature it can act freely without the fear of being let down.

 

Disadvantages:

 

However no system is completely foolproof. Advantages and disadvantages are part of any system irrespective of its soundness. Under this system the liberty of the people are at a stake as the executive and legislative organs of the government work in close collaboration. This greatly affects the principle of separation of powers. In view of the legislative support and the formidable power at its disposal the cabinet virtually becomes dictatorial. It becomes whimsical in exercising its power without caring for liberty of the people.

 

Politicization of administration is another demerit of the system. Political consideration in policy formulation and implementation outweigh popular interest. In other words people’s interest suffers at the cost of political considerations. The leadership of the party by virtue of powers it enjoys mobilizes the administration to strengthen the party prospects in the election.

 

The same can be said of the opposition parties who oppose the party in power for political considerations. They hardly show interest in the activities of the government and offer constructive criticism.

 

Prof. Dicey points out another serious lacuna in the system. According to him the executive under a parliamentary system fails to take quick decision at the time of any crisis or war. The members of the cabinet always are not unanimous on all problems. The Prime Minister discusses with his colleagues in the cabinet and ultimately prevails over them to take unanimous decision. This is different from the Presidential system where he takes the decision himself and implements that.

 

This system is unsuitable in countries with more than two parties. Usually in a multi party system the electorate fail to support a particular party in the election as a result of that there is hardly any party which gets majority votes. This leads to instability, chaos and confusion in selecting a party or a leader to form the government. As we observe the large number of political parties in India have contributed to political instability. Countries like Great Britain do not demonstrate such state of affairs as dual party system is the true basis of parliamentary democracy.

 

A criticism leveled against the Parliamentary system is that the government is run by the novice, ‘without any administrative training, skill or background. They are elected from social field and therefore depend heavily on the civil servants for formulation and implementation of policies. The bureaucrats under the system assume greater authority and consolidate their own position to use their political masters as mere tools.

Our constitution provides for parliamentary form of government. We have borrowed the constitutional features of several democratic countries. But our parliamentary model is predominantly based on the British system. The Head of Government in our system, the Prime Minister, can hold office only so long as he commands the confidence  of  the  Lok  Sabha.  Confidence  of  the  House  is  reflected  in existence/continuance of majority support – whether it be of a single party or of a coalition of parties. This feature can, and does, cause instability in governance. In Presidential democracies, the Head of Government, the President is directly elected by the people and cannot be removed from office except in circumstances of high crimes  and  misdemeanour  established  through  impeachment  process.  Hence, Presidential democracies provide stable governance. In our parliamentary system, we have had changes of government through mid term elections or political realignments. Changes in government undoubtedly bring about disruptions in implementation of policies, development programmes and schemes.

 

 

Political Parties and Pressure Groups

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Political Parties and Elections Political parties are an established part of modern mass democracy, and the conduct of elections in India is largely dependent on the behaviour of political parties. Although many candidates for Indian elections are independent, the winning candidates for Lok Sabha and Vidhan Sabha elections usually stand as members of political parties, and opinion polls suggest that people tend to vote for a party rather than a particular candidate.

Political parties are an established part of modern mass democracy, and the conduct of elections in India is largely dependent on the behaviour of political parties. Although many candidates for Indian elections are independent, the winning candidates for Lok Sabha and Vidhan Sabha elections usually stand as members of political parties, and opinion polls suggest that people tend to vote for a party rather than a particular candidate. Parties offer candidates organisational support, and by offering a broader election campaign, looking at the record of government and putting forward alternative proposals for government, help voters make a choice about how the government is run.

Political parties have to be registered with the Election Commission. The Commission determines whether the party is structured and committed to principles of democracy, secularism and socialism in accordance with the Indian Constitution and would uphold the sovereignty, unity and integrity of India. Parties are expected to hold organisational elections and have a written constitution.

According to certain criteria, set by the Election Commission regarding the length of political activity and success in elections, parties are categorised by the Commission as National or State parties, or simply declared registered-unrecognised parties. How a party is classified determines a party’s right to certain privileges, such as access to electoral rolls and provision of time for political broadcasts on the state-owned television and radio stations – All India Radio and Doordarshan – and also the important question of the allocation of the party symbol. Party symbols enable illiterate voters to identify the candidate of the party they wish to vote for. National parties are given a symbol that is for their use only, throughout the country. State parties have the sole use of a symbol in the state in which they are recognised as such Registered-unrecognised parties can choose a symbol from a selection of ‘free’ symbols.

Pressure groups are those informal organisations that come into existence for the protection of special interests and influence the activities of the government by different methods.

Pressure groups are not primarily political in nature. For example, although Rashtriya Swayamak Sangh (RSS) supports the Bharatiya Janata Party, it is, by and large, a cultural organization. The political parties are basically political. Pressure groups do not seek direct power; they only influence those who are in power for moulding decisions in their favour. The political parties seek power to form the government. Pressure groups do not contest elections; they only support political parties of their choice. Political parties nominate candidates, contest elections, and participate in election campaigns.  Pressure groups do not necessarily have political ideologies. Political parties are always wedded to their ideologies. For example, the Congress party is wedded to the ideologies of socialism, secularism and democracy; the Communists advocate the interests of workers, peasants and other weaker sections. The interests of the pressure groups are usually specific and particular, whereas the political parties have policies and programmes with national and international ramifications.

Constitutional Development & Indian Constitution

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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

 

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Law and Rule related Administration

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Law and Rule related Administration

 

Administrative Law

Administrative law is the body of law created by the agencies and departments of the government, which carry out the laws passed by Center or a state legislature. When Center passes a law on a complicated issue, Center  often needs help determining all of the details of how the law will be enforced and implemented. Administrative agencies and government departments fill in those gaps for Congress and pass additional rules and regulations to achieve Center’s goals.

Administrative laws are laws pertaining to administrative agencies. These laws govern the formation and operation of administrative agencies.

Administrative law is also sometimes called regulatory law. This is a broad area of the law. It covers many different types of issues, legal procedures, and regulations. Administrative law is a type of public law.

 

People often deal with administrative agencies and administrative law when they apply for government benefits. For example, Center has passed laws that allow disabled individuals to receive government assistance. The Social Security Administration (SSA) is the administrative agency created to implement Center’s social security and disability laws. The SSA receives applications when people apply for disability benefits, determines who is eligible for the benefits, and passes rules and regulations to ensure that only the people who deserve these benefits receive them.

In addition to regulating government benefits like Social Security, administrative agencies also implement federal and state laws affecting almost every industry. For example, government bodies like the Department of Labor create and enforce workplace safety regulations. The Environmental Protection Agency (EPA) passes regulations and rules to enforce Center’s goal of protecting the environment. States also have their own administrative agencies to implement and execute laws passed by their state legislatures.

 

Generally speaking, there are two types of administrative law. The first type includes rules and regulations. Rules and regulations are policies that dictate how a law is to be used.

Centre and state legislatures enact laws, but they don’t usually specify how laws should be used. Our government uses special agencies in order to administer the law. These agencies use rules and regulations to determine how a law will be applied and enforced. These rules and regulations are a type of law.

The second type of administrative law includes administrative decisions. Government agencies issue their own decisions regarding the application and enforcement of rules and regulations. A government agency has the power to conduct its own hearings and render its own opinions and orders. Rulings are made by administrative law judges. These decisions are also a type of law.

Administrative Agencies

All administrative law is run through government agencies. Our government is made up of numerous administrative agencies. These agencies are also sometimes called regulatory agencies. Agencies can be federal, state, city, or county entities.

These agencies administer laws and manage public programs through the use of rules and regulations. Each agency is responsible for administering a particular set of laws, or often, a particular legislative act. A legislative act contains a set of laws. Agencies often possess the power to grant licenses and permits, investigate complaints, and punish infractions, as well as many other duties related to a particular set of laws.

 

Urban spheres of influence and rural urban fringe

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Urban spheres of influence and rural urban fringe

Urban spheres of influence

  • Urban spheres of influence reflect centre-to-hinterland relationship, compared with the non-central region, the centre assumes more complex economic functions, and provides more economic activities.
  • Famous theoretical contributions to this research field are the Central Place Theory (Christaller, 1933), the extension to the Central Place Theory (Losch, 1940), the modification to the Central Place Theory (Isard, 1956), and An Economic Theory of Central Places.
  • After verification and conceptual refinement of these classical literatures, it can be found that any study on delineating sphere of urban influence has been guided by either of two research approaches: the empirical research and model research.
  • Empirical method determines sphere of urban influence according to data features and regional characteristics. As for example, sphere of urban influence in America is described in terms of the extent of the regional delivery system (Huff, 1973).
  • Models are developed to capture the interaction between or spaces using theoretical understanding, the intensity and pattern of contact among cities, and thus those models help to determine the sphere of urban influence.
  • In modeling, the sphere of urban influence, Huff (1973) and Lutz (1995) made a great contribution by using a model namely “Sphere of Urban Influence and Urban System” to delineate the urban sphere of influence of United States of America, Ireland and Ghana.
  • Now-a-days in Western countries, the study of sphere urban of influence is diminishing in general. By virtue of their high degree of economic and social development, most of the developed countries have accessed post-industrial society, where node-to-node interactions have become, as compared to the node-to-hinterland relationships.
  • But, for the developing countries, they are still pursuing industrial development and hence, develop the industries; the node-to-hinterland relationships are distinctly dominant.

Urban Spheres of Influence on Population

  • The urban sphere of influence can be defined as the geographical region which surrounds a city and maintains inflow-outflow relationship with the city.
  • Every urban centre, irrespective of the size of population and the nature of function, has a region of influence. Generally speaking, as the size of the population increases, the multiplicity of functions increases. As a result, the influence zone is larger and vice versa.
  • The term sphere of influence area was first used by Northam and supported by Canter. Other terms to express a similar entity, which have got recognised, include umland and city region. Umland is a German word which means the area around. The term was first used by the Allies in the Second World War.
  • The term city-region was first used by Dickinson. It is used to describe a similar situation on a much larger scale. Some other terms which have become popular include urban field, tributary area and catchment area. The term sphere of influence is preferred by political geographers.

Delineating the Sphere of Influence Area:

  • Several methods have been worked out by geographers and sociologists, but no single method seems to be perfect.
  • The pre-First World War geographers depended primarily on empirical methods (through questionnaires and field surveys) taking into account all those relevant functions which are performed by cities and the surroundings of the city.
  • The influence zone of each function is first delineated. It brings out the multiplicity of boundaries of spheres of influence area.
  • Harris has suggested that a common boundary is to be drawn from within those boundaries which are very close to each other.
  • Harris himself drew a sphere of influence area for the Salt Lake City of Utah State in USA. He used 12 important services for this purpose which included retail trade, wholesale grocery and drug sale, radio broadcasting, newspaper circulation, telephone services, banking distribution etc.
  • Harris scheme shows greater dependence upon the services of the cities. He practically ignored the services rendered by rural areas.
  • Geographers like Carter, Dickinson and Green studied the sphere of influence area and their empirical methods gave due weightage to the rural services.
  • The post-Second World War geographers began to use statistical methods. This made the inferences more precise, logical and scientific.
  • This method, however, has the disadvantage of being rigid. Still, it is a popular method throughout the world.
  • The conclusion of the method brings the delineated influence area closer to Christaller’s observations, who suggested that every urbane settlement (service centre) is supposed to have a hexagonal influence region.
  • It solves the problem of existence of shadow zone which normally appears in the case of spherical delineation of the influence region.
  • The statistical method is based on the principle of gravitation.
  • Reilly propounded the Law of Retail Gravitation to delineate the market zone of urban centres. Since marketing is a principal function, this method is used by geographers to delineate the zone of influence area.

This method states that:

  • P= MA x MB / d2
  • where MA = Mass of centre A measured by population size, such that MA > MB
  • MB = Mass of centre B
  • d = distance between two cities.
  • The result will mark the distance of the sphere of influence area from Mass (city) A; the remaining distance will mark the influence area of Mass (city) B.
  • Modern urban geographers give importance to this method as they consider this cut-off as an important factor for development of respective influence areas.
  • Some development authorities have begun to use the sphere of influence area as the basis of regional planning.
  • They use detailed questionnaires to understand the nature of influence. They consider factors such as daily commuting, functional structure of village, household types of villages, milk supply, vegetable supply, newspaper circulation etc. This approach seems to have some practical utility.
  • It gives due weightage to natural hindrances.
  • Factors like rivers, mountains, forests, marshy lands etc. are bound to modify the influence area and in that case, the statistical method is not of much relevance. Information collected through questionnaires is, however, properly processed through different statistical methods and a composite index, indicating a common boundary, is worked out. This common boundary gives the limit of the sphere of influence area.
  • Thus, it becomes clear that the sphere of influence area is highly relevant in socio-economic patterns of a city and its surroundings.
  • In India, the regional planners have given due recognition to the role of city regions or spheres of influence areas in the ‘Growth Pole’ strategy adopted by the Planning Commission of India in the Sixth Five- Year-Plan.

Rural urban fringe

What is the rural-urban fringe?

  • The rural-urban fringe is the boundary zone outside the urban area proper where rural and urban land uses intermix.
  • It is an area of transition from agricultural and other rural land uses to urban use.
  • Located well within the urban sphere of influence the fringe is characterised by a wide variety of land use including dormitory settlements housing middle-income commuters who work in the main urban area.
  • Over time the characteristics of the fringe change from largely rural to largely urban. Suburbanisation takes place at the urban boundary of rural-urban fringe.
  • The nature of the rural-urban fringe is influenced by four main factors: agricultural policy, regional planning, the urban economy and the agricultural economy.
  • Baker et al have identified four types of fringe resulting from these influences:
    1. Disturbed landscapes
    2. Neglected landscapes
    3. Simplified landscapes
    4. Valued landscapes

Increasing demand for land in the rural urban fringe area because:

  • Land is cheaper – as the accessibility of the RUF is lower than that of the inner city areas and most of the people have to travel to the inner city for work, fewer people are willing to live in the RUF. Thus the land prices are lower.
  • There is less traffic congestion and pollution – as the area is a new development in the outskirts, and the population living in the area is lesser than the inner city, the traffic congestion and pollution levels are lesser.
  • There is easier access and a better road infrastructure – as it is a newer development with a lot of space available.
  • There is a more pleasant environment with more open space – the amount of open space decreases with time as the extent of development increases, and so does the pleasant environment.

In INDIA study by Sudesh Nangia in Delhi Metropolitan region for R-U Fringe

  • In India, Sudesh Nangia studied Delhi Metropolitan region (1976), and highlighted some of the chief characteristics of the R-U fringe around the metropolis.
  • She pointed out that the fringe area extended over 212 sq km and encompassed 177 villages within its fold. The zone is not concentric but polygonal in shape (Figure 17.2).
  • Its structural units include slums and squatter-settlements, built-up dwellings without any proper plan, mixed land uses, areas of agricultural production usurped by lot of industrial units, dispersed location of settle­ments suffering from urban facilities, and also it commands sewerage treatment plant and recreation centres as well.

 

  • L. Singh studied R-U fringe of Varanasi and called it an extension of the city itself, actual and potential.
  • According to him, “the R-U fringe is an area where most of the rural land is forced into urban uses prematurely”.
  • Singh studied urban fringe of ‘KAVAL’ towns and concluded that their fringe areas coalesced together inheriting all the evils of large conurbations such as horrible slums, appalling house and traffic congestion and long daily trip to work

Beneficial development in rural urban fringe area:

The rural urban fringe is characterised by a mixture of land uses, most of which require large areas of land

  1. Housing developments as urban sprawl continues
  2. Science and business parks
  3. Hyper-markets and superstores
  4. Retail parks and out of town shopping centres
  5. Office developments
  6. Hotels and conference centres
  7. Airport expansion

Issues in Urban rural fringe

Uses    Positive Aspects Negative Aspects
Agriculture   Many well managed farms and small holdings Farms often suffer litter, trespass and vandalism; some land is derelict in the hope of planning permission
Development   Some well-ited, carefully landscaped developments such as business and science parks Some developments, such as out of town shopping areas cause heavy traffic flow and pollution. Unregulated businesses such as scrap metal and caravan storage. Airport expansion
Urban Services   Some, such as reservoirs or cemeteries, may be attractive. Mineral workings, sewage works, landfill sites etc can be unattractive and polluting
Transport   New cycleways and footpaths can improve assess to countryside Motorways destroy countryside and promote new development, particularly near junctions.
Recreation and sport  

 

 Country parks, sports fields and golf courses can lead to conservation. Some activities such as stock car racing and scrambling erode ecosystems and create localised litter and pollution
Landscape and nature conservation  

 

 

 Many SSSI (sites of special scientific interest) and AONB (Areas of natural beauty) Much degraded land eg. land ruined by fly-tipping; many SSSIs under threat