Constitution Of India (Part 9) Flashcards

Panchayati Raj intro

jkmThe term Panchayati Raj in India signifies the system of rural local self government.It has been established in all the states of India by the Acts of the state legislatures to build democracy at the grass root level(The subject of 'Local Government' is mentioned in the State List under the 7th Schedule of the Constitution)It is entrusted with rural development. It was constitutionalised through the 73rd CA of 1992

Balwant Rai Mehta Committee

jkmIn January 1957, the Government of India appointed a committee to examine the working of the Community Development Programme (1952) and the National Extension Service (1953) and to suggest measures for their better working.The chairman of this committee was Balwant Rai G Mehta.The committee submitted its report in November 1957 and recommended the establishment of the scheme of 'democratic decentralisation', which ultimately came to be known as Panchayati Raj.

reccommendation made by Balwant Rai Mehta Committee

jkm1. Establishment of a three-tier panchayati raj systemâgram panchayat at the village level, panchayat samiti at the block level and zila parishad at the district level. These tiers should be organically linked through a device of indirect elections.2. The village panchayat should be constituted with directly elected representatives, whereas the panchayat samiti and zila parishad should be constituted with indirectly elected members.3. All planning and development activities should be entrusted to these bodies.4. The panchayat samiti should be the executive body while the zila parishad should be the advisory, coordinating and supervisory body.5. The district collector should be the chairman of the zila parishad.6. There should be a genuine transfer of power and responsibility to these democratice bodies.7. Adequate resources should be transferred to these bodies to enable them to discharge their functions and fulfil their responsibilities.8. A system should be evolved to effect further devolution of authority in future.

acceptance of balwant rai mehta committee and initiatal structure of PRIs

These recommendations of the committee were accepted by the National Development Council in January 1958.The council did not insist on a single rigid pattern and left it to the states to evolve their own patterns suitable to local conditions. But the basic principles and broad fundamentals should be identical throughout the country.Rajasthan was the first state to establish Panchayati Raj. The scheme was inaugurated by the prime minister on October 2, 1959, in Nagaur district.Rajasthan was followed by Andhra Pradesh, which also adopted the system in 1959. Thereafter, most of the states adopted the system.Though most of the states created panchayati raj institutions by mid 1960s, there were differences from one state to another with regard to the number of tiers, relative position of samiti and parishad, their tenure, composition, functions, finances and so on.For example, Rajasthan adopted the three-tier system while Tamil Nadu adopted the two-tier system. West Bengal, on the other hand, adopted the four-tier system.Further, in the Rajasthan-Andhra Pradesh pattern, panchayat samiti was powerful as the block was the unit of planning and development, while in Maharashtra-Gujarat pattern, zila parishad was powerful as the district was the unit of planning and development.Some states also established nyaya panchayats, that is, judicial panchayats to try petty civil and criminal cases.

Table 38.1 Study Teams and Committees on Panchayati Raj

jkmSince 1960, many study teams, committees and working groups have been appointed to examine the various aspects of functioning of Panchayati Raj system.Sl. No. //Year// Name of the study Team / Committee // Chairman//1. 1960 Committee on Rationalisation of PanchayatStatistics V.R. Rao2. 1961 Working Group on Panchayats andCooperatives S.D. Mishra3. 1961 Study Team on Panchayati Raj Administration V. Iswaran4. 1962 Study Team on Nyaya Panchayats G.R. Rajgopal5. 1963 Study Team on the Position of Gram Sabha in Panchayati Raj Movement R.R. Diwakar6. 1963 Study Group on Budgeting and AccountingProcedure of Panchayati Raj InstitutionsM. Rama Krishnayya7. 1963 Study Team on Panchayati Raj Finances K. Santhanam8. 1965 Committee on Panchayati Raj Elections K. Santhanam9. 1965 Study Team on the Audit and Accounts ofPanchayati Raj Bodies R.K. Khanna10. 1966 Committee on Panchayati Raj TrainingCentres G.Ramachandran11. 1969 Study Team on Involvement of CommunityDevelopment Agency and Panchayati Raj Institutions in the Implementation of Basic Land Reform Measures V. Ramanathan12. 1972 Working Group for Formulation of Fifth Five Year Plan on Community Development andPanchayati Raj N. Ramakrishnayya13. 1976 Committee on Community Development and Panchayati Raj Smt. Daya Choubey

Ashok Mehta Committee

jkmIn December 1977, the Janata Government appointed a committee on panchayati raj institutions under the chairmanship of Ashok Mehta.It submitted its report in August 1978 and made 132 recommendations to revive and strengthen the declining panchayati raj system in the country. Its main recommendations were:1. The three-tier system of panchayati raj should be replaced by the two-tier system, that is, zila parishad at the district level, and below it, the mandal panchayat consisting of a group of villages with a total population of 15,000 to 20,000.2. A district should be the first point for decentralisation under popular supervision below the state level.3. Zila parishad should be the executive body and made responsible for planning at the district level.4. There should be an official participation of political parties at all levels of panchayat elections.5. The panchayati raj institutions should have compulsory powers of taxation to mobilise their own financial resourses6. There should be a regular social audit by a district level agency and by a committee of legislators to check whether the funds allotted for the vulnerable social and economic groups are actually spent on them.7. The state government should not supersede the panchayati raj institutions.In case of an imperative supersession, elections should be held within six months from the date of supersession.8. The nyaya panchayats should be kept as separate bodies from that of development panchayats. They should be presided over by a qualified judge.9. The chief electoral officer of a state in consultation with the chief election commissioner should organise and conduct the panchayati raj elections.10. Development functions should be transferred to the zila parishad and all development staff should work under its control and supervision.11. The voluntary agencies should play an important role in mobilising the support of the people for panchayati raj.12. A minister for panchayati raj should be appointed in the state council of ministers to look after the affairs of the panchayati raj institutions.13. Seats for SCs and STs should be reserved on the basis of their population.14. A constitutional recognition should be accorded to the Panchayati Raj institutions. This would give them the requisite status (sanctity and stature) and an assurance of continuous functioning

Consequences of Ashok mehta committee

G V K Rao Committee

jkmThe Committee to review the existing Administrative Arrangements for Rural Development and Poverty Alleviation Programmes under the chairmanship of G.V.K. Rao was appointed by the Planning Commission in 1985. The Committee came to conclusion that the developmental process was gradually bureaucratised and divorced from the Panchayati Raj.This phenomena of bureaucratisation of development administration as against the democratisation weakened the Panchayati Raj institutions resulting in what is aptly called as 'grass without roots'.

G VK Rao Committee made the following recommendations to strengthen and revitalise the Panchayati Raj system-

jkm(i) The district level body, that is, the Zila Parishad should be of pivotal importance in the scheme of democratic decentralisation.It stated that "the district is the proper unit for planning and development and the Zila Parishad should become the principal body for management of all development programmes which can be handled at that level."(ii) The Panchayati Raj institutions at the district and lower levels should be assigned an important role with respect to planning, implementation andmonitoring of rural development programmes.(iii) Some of the planning functions at the state level should be transferred to the district level planning units for effective decentralized districtplanning.(iv) A post of District Development Commissioner should be created. He should act as the chief executive officer of the Zila Parishad and should be in charge of all the development departments at the district level.(v) Elections to the Panchayati Raj institutions should be held regularly. It found that elections became overdue for one or more tiers in 11 states.Thus the committee, in its scheme of decentralised system of field administration, assigned a leading role to the Panchayati Raj in local planning and development. It is in this respect that the recommendation of the G.V.K.

Hanumantha Rao Committee report

jkmRao Committee Report (1986) differed from those of the Dantwala Committee Report on Block-Level Planning (1978) and the Hanumantha Rao Committee Report on District Planning (1984). Both the committees have suggested that the basic decentralised planning function should be done at the district levelThe Hanumantha Rao Committee advocated separate district planning bodies under either the District Collector or a minister.In both the models, the Collector should play a significant role in the decentralised planning though the Committee stated that Panchayati Raj institutions would also be associated with this process (of decentralised planning).The committee recommended that the Collector should be the coordinator, at the district level, of all developmental and planning activities.Thus the, Hanumantha Rao Committee differed in this respect from those of Balwantray Mehta Committee, the Administrative Reforms commission of India, the Ashok Mehta Committee and finally the G.V.K. Rao Committee which recommended reduction in the developmental role of the District Collector and which assigned a major role to the Panchayati Raj in development administration.

L M Singhvi Committee recommendations

jkmIn 1986, Rajiv Gandhi government appointed a committee to prepare a concept paper on 'Revitalisation of Panchayati Raj Institutions for Democracy and Development' under the chairmanship of L M Singhvi. It made the following recommendations.(i) The Panchayati Raj institutions should be constitutionally recognised, protected and preserved.For this purpose, a new chapter should be added in the Constitution of India. This will make their identity and integrity reasonably and substantially inviolate.It also suggested constitutional provisions to ensure regular, free and fair elections to the Panchayati Raj bodies.(ii) Nyaya Panchayats should be established for a cluster of villages.(iii) The villages should be reorganised to make Gram Panchayats more viable. It also emphasised the importance of the Gram Sabha and called itas the embodiment of direct democracy.(iv) The Village Panchayats should have more financial resources.(v) The judicial tribunals should be established in each state to adjudicate controversies about election to the Panchayati Raj institutions, their dissolution and other matters related to their functioning.

Thungon Committee recommendations

jkmIn 1988, a sub-committee of the Consultative Committee of Parliament was constituted under the chairmanship of P.K. Thungon to examine the political and administrative structure in the district for the purpose of district planning. This committee suggested for the strengthening of the Panchayati Raj system.It made the following recommendations :1. The Panchayati Raj bodies should be constitutionally recognized.2. A three-tier system of Panchayati Raj with panchayats at the village, block and district levels.3. Zilla Parishad should be the pivot of the Panchayati Raj system. It should act as the planning and development agency in the district.4. The Panchayati Raj bodies should have a fixed tenure of five years.5. The maximum period of super session of a body should be six months.6. A planning and co-ordination committee should be set-up at the state level under the chairmanship of the minister for planning. The presidents ofZilla Parishads should be its members.7. A detailed list of subjects for Panchayati Raj should be prepared and incorporated in the Constitution.8. Reservation of seats in all the three-tiers should be on the basis of population. There should also be reservation for women.9. A state finance commission should be set-up in each state. It would lay down the criteria and guidelines for the devolution of finances to the Panchayati Raj institutions.10. The district collector should be the chief executive officer of the Zilla Parishad.

Gadgil Committee recommendations

jkmThe Committee on Policy and Programmes was constituted in 1988 by the Congress party under the chairmanship of V.N. Gadgil.This committee was asked to consider the question of "how best Panchayati Raj institutions could be made effective". In this context, the committee made the following recommendations :1. A constitutional status should be bestowed on the Panchayati Raj institutions.2. A three-tier system of Panchayati Raj with panchayats at the village, block and district levels.3. The term of Panchayati Raj institutions should be fixed at five years.4. The members of the Panchayats at all the three levels should be directly elected.5. Reservation for SCs, STs and women.6. The Panchayati Raj bodies should have the responsibility of preparation and implementation of plans for socio-economic development. For thispurpose, a list of subjects should be specified in the constitution.7. The Panchayat Raj bodies should be empowered to levy, collect and appropriate taxes and duties.8. Establishment of a State Finance Commission for the allocation of finances to the Panchayats.9. Establishment of a State Election Commission for the conduction of elections to the panchayats.

consequences of Gadgil Committee recommendation

jkmThe above recommendations of the Gadgil Committee became the basis for drafting an amendment bill aimed at conferring the constitutional status and protection to the Panchayati Raj institutions.

timeline of the endevours by the diff govt for the Constitutionalisation of panchayat raj

jkm(1) Rajiv Gandhi Government--The Rajiv Gandhi Government introduced the 64th Constitutional Amendment Bill in the Lok Sabha in July 1989 toconstitutionalise panchayati raj institutions and make them more powerful and broad based. Although, the Lok Sabha passed the bill in August 1989, it was not approved by the Rajya Sabha. The bill was vehemently opposed by the Opposition on the ground that it sought to strengthen centralisation in the federal system.(2) V P Singh Government-The National Front Government, soon after assuming office in November 1989 under the Prime Ministership of V P Singh, announced that it would take steps to strengthen the panchayati raj institutions.In June 1990, a two-day conference of the state chief ministers under the chairmanship of V P Singh was held to discuss the issues relating to the strengthening of the panchayati raj bodies.The conference approved the proposals for the introduction of a fresh constitutional amendment bill.Consequently, a constitutional amendment bill was introduced in the Lok Sabha in September 1990. However, the fall of the government resulted in the lapse of the bill.(3) Narasimha Rao Government -- The Congress Government under the prime ministership of P V Narasimha Rao once again considered the matter of the constitutionalisation of panchayati raj bodies.It drastically modified the proposals in this regard to delete the controversial aspects and introduced a constitutional amendment bill in the Lok Sabha in September, 1991.This bill finally emerged as the 73rd Constitutional Amendment Act, 1992 and came into force on 24 April, 19932.

73RD AMENDMENT ACT OF 1992 - Significance of the Act

jkmThis act has added a new Part-9 to the Constitution of India. This part is entitled as 'The Panchayats' and consists of provisions from Articles 243 to 243 O.In addition, the act has also added a new 11 th Schedule to the Constitution. This schedule contains 29 functional items of the panchayats. It deals with Article 243-G.The act has given a practical shape to Article 40 of the Constitution which says that, "The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government."This article forms a part of the Directive Principles of State Policy.The act gives a constitutional status to the panchayati raj institutions. It has brought them under the purview of the justiciable part of the Constitution.The act is a significant landmark in the evolution of grassroot democratic institutions in the country.It transfers the representative democracy into participatory democracy. It is a revolutionary concept to build democracy at the grassroot level in the country.

provisions of the Panchayat act can be grouped into two categories

jkmThe provisions of the act can be grouped into two categoriesâcompulsory and voluntary.The compulsory (mandatory or obligatory) provisions of the act have to be included in the state laws creating the new panchayati raj system. The voluntary provisions, on the other hand, may be included at the discretion of the states.Thus the voluntary provisions of the act ensures the right of the states to take local factors like geographical, politico-administrative and others, into consideration while adopting the new panchayati raj system.In other words, the state governments are under constitutional obligation to adopt the new panchayati raj system in accordance with the provisions of the act.

The salient features of the panchayat act are: 73 CA

jkmGram SabhaThree-Tier SystemElection of Members and ChairpersonsReservation of SeatsDuration of PanchayatsDisqualificationsState Election CommissionPowers and FunctionsFinancesFinance CommissionAudit of AccountsApplication to Union TerritoriesExempted States and AreasContinuance of Existing Laws and PanchayatsBar to Interference by Courts in Electoral MattersEleventh Schedule

Gram Sabha : panchAYAT ACT

jkmThe act provides for a Gram Sabha as the foundation of the panchayati raj system. It is a body consisting of persons registered in the electoral rolls of a village comprised within the area of Panchayat at the village level.Thus, it is a village assembly consisting of all the registered voters in the area of a panchayat. It may exercise such powers and perform such functions at the village level as the legislature of a state determines

Three-Tier System : PANCHAYAT ACT

jkmThe act provides for a three-tier system of panchayati raj in every state, that is, panchayats at the village, intermediate, and district levels*Thus, the act brings about uniformity in the structure of panchayati raj throughout the country. However, a state having a population not exceeding 20 lakh may not constitute panchayats at the intermediate level*The Act defines all these terms in the following manner:(a) Panchayat means an institution (by whatever name called) of self government for rural areas.(b) Village means a village specified by the governor by public notification to be a village for this purpose, and includes a group of villages so specified.(c) Intermediate level means a level between the village and district levels specified by the governor by public notification for this purpose.(d) District means a district in a state

Election of Members and Chairpersons : PANCHAYAT ACT

jkmAll the members of panchayats at the village, intermediate and district levels shall be elected directly by the people.Further, the chairperson of panchayats at the intermediate and district levels shall be elected indirectlyâby and from amongst the elected members thereof.However, the chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines.

Reservation of Seats: PANCHAYAT ACT

jkmThe act provides for the reservation of seats forscheduled castes and scheduled tribes in every panchayat (i.e., at all the three levels) in proportion of their population to the total population in thepanchayat area.Further, the state legislature shall provide for the reservation of offices of chairperson in the panchayat at the village or any other level for the SCs and STs.The act provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging the SCs and STs).Further, not less than one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women.The act also authorises the legislature of a state to make any provision for reservation of seats in any panchayat or offices of chairperson in the panchayat at any level in favour of backward classes.

Duration of Panchayats "" PANCHAYAT ACT

jkmThe act provides for a five-year term of office to the panchayat at every level. However, it can be dissolved before the completion of its term. Further, fresh elections to constitute a panchayat shall be completed (a) before the expiry of its duration of five years; or (b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.But, where the remainder of the period (for which the dissolved panchayat would have continued) is less than six months, it shall not be necessary to hold any election for constituting the new panchayat for such period.Moreover, a panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued had it not been so dissolved.In other words, a panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period

Disqualifications : PANCHAYAT ACT

jkmA person shall be disqualified for being chosen as or for being a member of panchayat if he is so disqualified,(a) under any law for the time being in force for the purpose of elections to the legislature of the state concerned,(b) under any law made by the state legislature.However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.Further, all questions of disqualifications shall be referred to such authority as the state legislature determines.

State Election Commission : PANCHAYAT ACT

jkmThe superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission.It consists of a state election commissioner to be appointed by the governor.His conditions of service and tenure of office shall also be determined by the governor.He shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a judge of the state high court(A judge of a high court can be removed from his office by the president on the recommendation of the Parliament.This means that a state election commissioner cannot be removed by the governor, though appointed by him)His conditions of service shall not be varied to his disadvantage after his appointment.The state legislature may make provision with respect to all matters relating to elections to the panchayats.

Powers and Functions: PANCHAYAT ACT

jkmThe state legislature may endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government.Such a scheme may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level with respect to (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the 29 matters listed in the Eleventh Schedule.

Finances: PANCHAYAT ACT

jkmThe state legislature may (a) authorise a panchayat to levy, collect and appropriate taxes, duties, tolls and fees; (b) assign to a panchayat taxes, duties, tolls and fees levied and collected by the state government;(c) provide for making grants-in-aid to the panchayats from the consolidated fund of thestate;(d) provide for constitution of funds for crediting all moneys of the panchayats.

Finance Commission : PANCHAYAT ACT

jkmThe governor of a state shall, after every five years, constitute a finance commission to review the financial position of the panachayats. It shall make the following recommendations to the Governor:1. The principles that should govern:(a) The distribution between the state and the panchayats of the net proceeds of the taxes, duties, tolls and fees levied by the state.(b) The determination of taxes, duties, tolls and fees that may be assigned to the panchayats.(c) The grants-in-aid to the panchayats from the consolidated fund of the state.2. The measures needed to improve the financial position of the panchayats.3. Any other matter referred to it by the governor in the interests of sound finance of the panchayats.The state legislature may provide for the composition of the commission, the required qualifications of its members and the manner of their selection.The governor shall place the recommendations of the commission along with the action taken report before the state legislature.The Central Finance Commission shall also suggest the measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats in the states (on the basis of the recommendations made by the finance commission of the state).

Audit of Accounts : PANCHAYAT ACT

jkmstate legislature may make provisions with respect to the maintenance of accounts by the panchayats and the auditing of such accounts.

Application to Union Territories: PANCHAYAT ACT

jkmThe president of India may direct that the provisions of this act shall apply to any union territory subject to such exceptions and modifications as he may specify

Exempted States and Areas: PANCHAYAT ACT

JKMThe act does not apply to the states of Jammu and Kashmir, Nagaland, Meghalaya and Mizoramand certain other areas.These areas include, (a) the scheduled areas and the tribal areas in thestates(b) the hill area of Manipur for which a district council exists;(c) Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.However, the Parliament may extend the provisions of this Part to the scheduled areas and tribal areas subject to such exceptions and modifications as it may specify.At present (2016), ten states of India have scheduled areas. These are: Andhra Pradesh, Telangana, Jharkhand, Chhatisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.Presently (2016), there are a total of ten tribal areas (autonomous districts) in the four states of Assam (3), Meghalaya (3), Tripura (1) and Mizoram (3).

Continuance of Existing Laws and Panchayats : PANCHAYAT ACT

JKMAll the state laws relating to panchayats shall continue to be in force until the expiry of one year from the commencement of this actIn other words, the states have to adopt the new panchayati raj system based on this act within the maximum period of one year from 24 April, 1993, which was the date of the commencement of this act.However, all the panchayats existing immediately before the commencement of act shall continue till the expiry of their term, unless dissolved by the state legislature sooner.Consequently, majority of states passed the panchayati raj acts in 1993 and 1994 to adopt the new system in accordance with the 73rd Constitutional Amendment Act of 1992.

Bar to Interference by Courts in Electoral Matters: PANCHAYAT ACT

JKMThe act bars the interference by courts in the electoral matters of panchayats.It declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court.It Further lays down that no election to any panchayat is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature.

Eleventh Schedule: PANCHAYAT ACT (FIRST 1-15/30)

JKMIt contains the following 29 functional items placedwithin the purview of panchayats:1. Agriculture, including agricultural extension2. Land improvement, implementation of land reforms, land consolidation and soil conservation3. Minor irrigation, water management and watershed development4. Animal husbandry, dairying and poultry5. Fisheries6. Social forestry and farm forestry7. Minor forest produce8. Small-scale industries, including food processing industries9. Khadi, village and cottage industries10. Rural housing11. Drinking water12. Fuel and fodder13. Roads, culverts, bridges, ferries, waterways and other means of communication14. Rural electrification, including distribution of electricity15. Non-conventional energy sources

Eleventh Schedule: PANCHAYAT ACT (FIRST 15-30/30)

JKMIt contains the following 29 functional items placedwithin the purview of panchayats:16. Poverty alleviation programme17. Education, including primary and secondary schools18. Technical training and vocational education19. Adult and non-formal education20. Libraries21. Cultural activities22. Markets and fairs23. Health and sanitation including hospitals, primary health centres and dispensaries24. Family welfare25. Women and child development26. Social welfare, including welfare of the handicapped and mentally retarded27. Welfare of the weaker sections, and in particular, of the scheduled castes and the scheduled tribes28. Public distribution system29. Maintenance of community assets.

A. Compulsory Provisions of the 73rd Constitutional Amendment Act (1992) or the Part IX of the Constitution

JKM1. Organisation of Gram Sabha in a village or group of villages.2. Establishment of panchayats at the village, intermediate and district levels.3. Direct elections to all seats in panchayats at the village, intermediate and district levels.4. Indirect elections to the post of chairperson of panchayats at the intermediate and district levels.5. 21 years to be the minimum age for contesting elections to panchayats.6. Reservation of seats (both members and chairpersons) for SCs and STs in panchayats at all the three levels.7. Reservation of one-third seats (both members and chairpersons) for women in panchayats at all the three levels.8. Fixing tenure of five years for panchayats at all levels and holding fresh elections within six months in the event of supersession of any panchayat.9. Establishment of a State Election Commission for conducting elections to the panchayats.10. Constitution of a State Finance Commission after every five years to review the financial position of the panchayats.

voluntary provisions of the 73rd Constitutional Amendment Act (1992) or the Part IX of the Constitution

JKM1. Giving representation to members of the Parliament (both the Houses) and the state legislature (both the Houses) in the panchayats at different levels falling within their constituencies.2. Providing reservation of seats (both members and chairpersons) for backward classes in panchayats at any level3. Granting powers and authority to the panchayats to enable them to function as institutions of self-government (in brief, making them autonomous bodies).4. Devolution of powers and responsibilities upon panchayats to prepare plans for economic development and social justice; and to perform some or all of the 29 functions listed in the Eleventh Schedule of the Constitution.5. Granting financial powers to the pachayats, that is, authorizing them to levy, collect and appropriate taxes, duties, tolls and fees.

PESA ACT OF 1996 (EXTENSION ACT-- intro

jkmThe provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas.However, the Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify. Under this provision, the Parliament has enacted the "Provisions of the Panchayats (Extension to the Scheduled Areas) Act", 1996, popularly known as the PESA Act or the Extension Act.At present (2016), ten states have Fifth Schedule Areas. These are: Andhra Pradesh, Telangana, Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and rajasthan.All the ten states have enacted requisite compliance legislations by amending the respective Panchayati Raj Acts.

The objectives of the PESA Act are as follows

jkm1. To extend the provisions of Part IX of the Constitution relating to the panchayats to the scheduled areas with certain modifications2. To provide self-rule for the bulk of the tribal population3. To have village governance with participatory democracy and to make the gram sabha a nucleus of all activities4. To evolve a suitable administrative framework consistent with traditional practices5. To safeguard and to preserve the traditions and customs of tribal communities6. To empower panchayats at the appropriate levels with specific powers conducive to tribal requirements7. To prevent panchayats at the higher level from assuming the powers and authority of panchayats at the lower level of the gram sabha

The features (or the provisions) of the PESA Act are as follows:

jkm1. A state legislation on the Panchayats in the Scheduled Areas shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources.2. A village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs.3. Every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level.4. Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution.5. Every Gram Sabha shallâ(i) approve of the plans, programmes and projects for social and economic development before they are taken up for implementation by the Panchayat at the village level;(ii) be responsible for the identification of beneficiaries under the poverty alleviation and other programmes.6. Every Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilisation of funds for the above plans, programmes and projects.7. The reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to the population of the communities for whom reservation is sought to be given under Part IX of the Constitution.However, the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seatsFurther, all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes.8. The state government may nominate such Scheduled Tribes which have no representation in the Panchayat at the intermediate level or the Panchayat at the district level.But such nomination shall not exceed one tenth of the total members to be elected in that Panchayat.9. The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons affected by such projects in the Scheduled Areas.However, the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the state level.10. Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Panchayats at the appropriate level.11. The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas.12. The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for grant of concession for the exploitation of minor minerals by auction.13. While endowing Panchayats in the Scheduled Areas with such powers and authority as may be necessary to enable them to function as institutions of self-government, a State Legislature shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically with -(i) the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant(ii) the ownership of minor forest produce(iii) the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe(iv) the power to manage village markets(v) the power to exercise control over money lending to the Scheduled Tribes(vi) the power to exercise control over institutions and functionaries in all social sectors(vii) the power to control local plans and resources for such plans including tribal sub-plans14. The State Legislations shall contain safeguards to ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at the lower level or of the Gram Sabha.15. The State Legislature shall endeavour to follow the pattern of the Sixth Schedule to the Constitution while designing the administrative arrangements in the Panchayats at district levels in the Scheduled Areas.16. Any provision of any law (relating to Panchayats in the Scheduled Areas) which is inconsistent with the provisions of this Act shall cease to be in force at the expiry of one year from the date on which this Act receives the assent of the President However, all the Panchayats existing immediatelybefore such date shall continue till the expiry of their term, unless dissolved by the State Legislature sooner.

In general, Panchayats in our country receive funds in the following ways:

jkm(i) Grants from the Union Government based on the recommendations of the Central Finance Commission as per Article 280 of the Constitution.(ii) Devolution from the State Government based on the recommendations of the State Finance Commission as per Article 243-I.(iii) Loans / grants from the State Government.(iv) Programme-specific allocation under Centrally Sponsored Schemes and Additional Central Assistance.(v) Internal Resource Generation (tax and non-tax).

The Second Administrative Reforms Commission of India (2005-2009) has summarized the sources of revenue of the Panchayati Raj Institutions (PRIs) and their financial problems in the following ways

jkm1. A major portion of Part 9 of the Constitution deals with structural empowerment of the PRIs but the real strength in terms of both autonomy and efficiency of these institutions is dependent on their financial position (including their capacity to generate own resources).2. Across the country, States have not given adequate attention to fiscal empowerment of the Panchayats. The Panchayats own resources aremeager.Kerala, Karnataka and Tamil Nadu are the states which are considered to be progressive in PRIs empowerment but even there, the Panchayats are heavily dependent on government grants. One can draw the following broad conclusions:(i) Internal resource generation at the Panchayat level is weak. This is partly due to a thin tax domain and partly due to Panchayats own reluctance in collecting revenue.(ii) Panchayats are heavily dependent on grants from Union and State Governments.(iii) A major portion of the grants both from Union as well as the State Governments is scheme specific. Panchayats have limited discretion and flexibility in incurring expenditure.(iv) In view of their own tight fiscal position, State Governments are not keen to devolve funds to Panchayats.(v) In most of the critical Eleventh Schedule matters like primary education, healthcare, water supply, sanitation and minor irrigation even now, it is the State Government which is directly responsible for implementation of these programmes and hence expenditure.(vi) Overall, a situation has been created where Panchayats have responsibility but grossly inadequate resources. 3. Though, in absolute terms, the quantum of funds the Union/State Government transfers to a Panchayat forms the major component of its receipt, the PRI's own resource generation is the soul behind its financial standing.It is not only a question of resources; it is the existence of a local taxation system which ensures people's involvement in the affairs of an elected body. It also makes the institution accountable to its citizens.4. In terms of own resource collection, the Gram Panchayats are comparatively in a better position because they have a tax domain of their own, while the other two tiers are dependent only on tolls, fees and non tax revenue for generating internal resources.5. State Panchayati Raj Acts have given most of the taxation powers to Village Panchayats.The revenue domain of the intermediate and District Panchayats (both tax as well as non-tax) has been kept much smaller and remains confined to secondary areas like ferry services, markets, water and conservancy services, registration of vehicles, cess on stamp duty and a few others.6. A study of various State Legislations indicates that a number of taxes, duties, tolls and fees come under the jurisdiction of the Village Panchayats. These interalia include octroi, property/house tax, profession tax, land tax/cess, taxes/tolls on vehicles, entertainment tax/fees, license fees, tax on non-agriculture land, fee on registration of cattle, sanitation/drainage/conservancy tax, water rate/ tax, lighting rate/tax, education cess and tax on fairs and festivals

REASONS FOR INEFFECTIVE PERFORMANCE of pri's

jkmEven after conferring the constitutional status and protection through the 73rd Amendment Act (1992), the performance of the Panchayati Raj Institutions (PRIs) has not been satisfactory and not upto the expected level. The various reasons for this sub-optimal performance are as follows1. Lack of adequate devolution: Many States have not taken adequate steps to devolve 3Fs (i.e., functions, funds and functionaries) to the PRIs to enable them to discharge their constitutionally stipulated function.Further, it is imperative that the PRIs have resources to match the responsibilities entrusted to them. While SFCs (state finance commissions) have submitted their recommendations, not many few States have implemented these or taken steps to ensure the fiscal viability of the PRIs.2. Excessive control by bureaucracy: In some States, the Gram Panchayats have been placed in a position of subordinationHence, the Gram Panchayat Sarpanches have to spend extraordinary amount of time visiting Block Offices for funds and/or technical approval.These interactions with the Block staff office distort the role of Sarpanches as elected representatives.3. Tied nature of funds: This has two implications. The activities stated under a certain scheme are not always appropriate for all parts of the district. This results in unsuitable activities being promoted or an underspend of the funds.4. Overwhelming dependency on government funding: A review of money received and own source funds shows the overwhelming dependence of Panchayats on government funding.When Panchayats do not raise resources and instead receive funds from outside, people are less likely to request a social audit.5. Reluctance to use fiscal powers: An important power devolved to GP (Gram Panchayat) is the right to levy tax on property, business, markets, fairs and also for services provided, like street lighting or public toilets, etc. Very few Panchayats use their fiscal power to levy and collect taxes.The argument pushed by Panchayat heads is that it is difficult to levy tax on your own constituency, especially when you live in the community.6. Status of the Gram Sabha: Empowering the Gram Sabhas could have been a powerful weapon for transparency, accountability and for involvement of the marginalized sections. However, a number of the State Acts have not spelt the powers of Gram Sabhas nor have any procedures been laid down for the functioning of these bodies or penalties for the officials.7. Creation of Parallel Bodies: Often, Parallel Bodies (PBs) are created for supposedly speedy implementation and greater accountability. However,there is little evidence to show that such PBs have avoided the evils including that of partisan politics, sharing of spoils, corruption and elite capture.Missions (in particular) often bypassing mainstream programmes, create disconnect, duality, and alienation between the existing and the new structures and functions. PBs usurp the legitimate space of PRIs and demoralize the PRIs by virtue of their superior resource endowments.8. Poor Infrastructure: A large number of Gram Panchayats in the country do not have even full time Secretary. Around 25 percent of the Gram Panchayats do not have basic office buildings. The database for planning, monitoring etc., are lacking in most of the cases.A large number of elected representatives of PRIs are semi-literate or literate and know little about their roles & responsibilities, programmes, procedures, systems. Often for want of good, relevant and periodic training, they are not able to perform their functions properly.Although all the District and Intermediate Panchayats are connected with computers, only around 20% Gram Panchayats reported to be having computing facility. In some States, Village Panchayats do not have any computing facility.

jkmArticle No. // Subject-matter243. Definitions243A. Gram Sabha243B. Constitution of panchayats243C. Composition of panchayats243D. Reservation of seats243E. Duration of panchayats, and so on243F. Disqualifications for membership243G. Powers, authority and responsibilities of panchayats243H. Powers to impose taxes by, and funds of, the panchayats243-I. Constitution of finance commission to review financial position243J. Audit of accounts of panchayats243K. Elections to the panchayats243L. Application to union territories243M. Part not to apply to certain areas243N. Continuance of existing laws and panchayats243-O. Bar to interference by courts in electoral matters

Table 38.4 Milestones in the Evolution of Panchayati Raj -- Towards First Generation Panchayats

jkm1948-49 Constituent Assembly debates on the role of Panchayati Raj in Indian polity1950 The Constitution of India comes into force on 26 January; Directive Principles of State Policy mention village panchayats as 'units of self-government' (Art 40)1952 Community Development Programme starts on 2nd October1957 Balvantrai Mehta Committee, appointed in January, submits its report on 24 November1958-60 Several state governments enact new Panchayat Acts bringing in three-tier panchayat system1959 Jawaharlal Nehru inaugurates the first generation panchayat at Nagaur in Rajasthan on 2nd October Kerala District Council Bill is introduced in Kerala Assembly; lapses after Assembly is dissolved1964-77 Decline of first generation Panchayati Raj Institutions

Table 38.4 Milestones in the Evolution of Panchayati Raj -- II. Growth and Decline of Second Generation Panchayats

jkm1978 Panchayat elections are held in West Bengal on party basis on 4th Juneâmarking the beginning of second generation of Panchayati Raj.Ashok Mehta Committee on working of panchayats, appointed on 12 December 1977, submits its report on 21 August1983 Karnataka government enacts new PR Act1984 Hanumantha Rao Committee on district level planning, appointed by Planning Commission in September 1982, submits its report in May1985 Karnataka PR Act receives President's assent in July; comes into force on 14th August1985 G.V.K. Rao Committee on administrative aspects of rural development, appointed by Planning Commission on 25 March, submits its report in December 1986 Andhra Pradesh follows West Bengal and Karnataka Panchayati Raj Model1987 Karnataka holds panchayat elections in January 1990- 92 Panchayats are dissolved and brought under administrators in Karnataka

Table 38.4 Milestones in the Evolution of Panchayati Raj -- III. Constitutionalisation of Panchayati Raj

jkm1986 L.M. Singhvi Committee submits its report on 27 November; recommends constitutional status for panchayats 1988 Consultative Committee of Parliament appoints a sub-committee under chairpersonship of P.K. Thungon to consider Constitutional Amendment1989 64th Constitutional Amendment Bill is introduced in Parliament on 15 May; is defeated in Rajya Sabha on 15 October 1990 74th Constitutional Amendment Bill is introduced in Parliament on 7 September; lapses on dissolution of Lok Sabha 1991 72nd (Panchayats) and 73rd (Municipalities) Amendment Bills are introduced in Parliament; referred to the Parliament's Joint Select Committee in September 1992 Lok Sabha passes both the Bills on 22 December; Rajya Sabha passes them on 23 December1993 73rd Amendment Act, 1992 comes into force on 24 April 74th Amendment Act, 1992 comes into force on 1 June 1993- 94 All state governments pass Conformity Acts between 30 May, 1993 and 23 April, 19941994 Madhya Pradesh holds panchayat elections under the 73rd Amendment dispensation on 30 May1996 Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, extending 73rd Amendment Act to Scheduled Areas, comes into force on 24 December.Kerala launches People's lan Campaign on 16 August2001 Bihar holds panchayat elections after 23 years (11-30 April)2001 83rd Constitutional Amendment Act, 2000 amends Art. 243-M to dispense with reservations for Scheduled Castes in Arunachal Pradeshâpaving way for panchayat elections in the only state yet to hold them under the new dispensation

jkmSl.No. // Name of the Committee // Chairman //Appointed in // Reported in//1. Task Force on Devolution of Powers and Functions to Panchayati Raj Institutions Lalit Mathur 2001 20012. Expert Group on Planning at the Grassroots Level V. Ramachandran 2005 20063. Task Force for Preparation of a Manual for District Planning Smt. Rajwant Sandhu 2008 20084. Committee on Restructuring of DRDA (District Rural Development Agency) V. Ramachandran 2010 20125. Expert Committee on Leveraging Panchayats for Efficient Delivery of Public Goods and ServicesMani Shankar Aiyar 2012 2013

Municipalities - intro

jkmthe term 'Urban Local Government' in India signifies the governance of an urban area by the people through their elected representatives.The jurisdiction of an urban local government is limited to a specific urban area which is demarcated for this purpose by the state government(Local Government' is a subject mentioned in the State List under the 7th Schedule of the Constitution)There are eight types of urban local governments in Indiaâmunicipal corporation, municipality, notified area committee, town area committee, cantonment board, township, port trust and special purpose agency.The system of urban government was constitutionalised through the 74th Constitutional Amendment Act of 1992

At the Central level, the subject of 'urban local government' is dealt with by the following three ministries:

jkm(i) Ministry of Urban Development, created as a separate ministry in 1985(ii) Ministry of Defence in the case of cantonment boards(iii) Ministry of Home Affairs in the case of Union Territories

EVOLUTION OF URBAN BODIES - Historical Perspective

jkmThe institutions of urban local government originated and developed in modern India during the period of British rule.The major events in thiscontext are as follows:(i) In 1687-88, the first municipal corporation in India was set up at Madras(ii) In 1726, the municipal corporations were set up in Bombay and Calcutta.(iii) Lord Mayo's Resolution of 1870 on financial decentralisation visualised the development of local self-government institutions.(iv) LORD RIPON'S Resolution of 1882 has been hailed as the 'Magna Carta' of local self-government. He is called as the father of local-self government in India.(v) The Royal Commission on decentralisation was appointed in 1907 and it submitted its report in 1909. Its chairman was HOBHOUSE(vi) Under the DYARCHICAL scheme introduced in Provinces by the Government of India Act of 1919, local self-government became a transferred subject under the charge of a responsible Indian minister.(vii) In 1924, the Cantonments Act was passed by the Central legislature(viii) Under the provincial autonomy scheme introduced by the Government of India Act of 1935, local self-government was declared a provincial subject

The committees and commissions appointed by the Central Government to improve the functioning of urban local governments are mentioned below inTable 39.1.

JKMCommittees and Commissions on Urban Local GovernmentsSl. No. // Year Name of the Committee / / Commission // Chairman1. 1949-51 Local Finance Enquiry Committee P.K. Wattal2. 1953-54 Taxation Enquiry Commission John Matthai3. 1963- 65 Committee on the Training of MunicipalEmployees Nur-Uddin Ahmed4. 1963- 66 Rural-Urban Relationship Committee A.P. Jain5. 1963 Committee of Ministers on Augmentation of Financial Resources of Urban Local BodiesRafiq Zakaria6. 1965-68 Committee on Service Conditions of Municipal Employees â7. 1974 Committee on Budgetary Reform in Municipal Administration Girijapati Mukharji8. 1982 Study Group on Constitution, Powers and Laws of Urban Local Bodies and Municipal Corporations K.N. Sahaya9. 1985-88 National Commission on Urbanisation C.M. Correa

Constitutionalisation of municipalities

JKM(1) In August 1989, the Rajiv Gandhi government introduced the 65th Constitutional Amendment Bill (i.e., Nagarpalika Bill) in the Lok Sabha.The bill aimed at strengthening and revamping the municipal bodies by conferring a constitutional status on them.Although the bill was passed in the Lok Sabha, it was defeated in the Rajya Sabha in October 1989 and hence, lapsed.(2) The National Front Government under V P Singh introduced the revised Nagarpalika Bill in the Lok Sabha again in September 1990However, the bill was not passed and finally lapsed due to the dissolution of the Lok Sabha.(3) P V Narasimha Rao's Government also introduced the modified Municipalities Bill in the Lok Sabha in September 1991.It finally emerged as the 74th Constitutional Amendment Act of 1992 and came into force on 1June 19932.

74TH AMENDMENT ACT OF 1992 intro

JKMThis Act has added a new Part 9-A to the Constitution of India. This part is entitled as 'The Municipalities' and consists of provisions from Articles 243- P to 243-ZGIn addition, the act has also added a new 12 TH Schedule to the Constitution. This schedule contains 18 functional items of municipalities. It deals with Article 243-W.The act gave constitutional status to the municipalities. It has brought them under the purview of justiciable part of the Constitution.In other words, state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the act.The act aims at revitalising and strengthening the urban governments so that they function effectively as units of local government.

The salient features of the 74 CA are:

JKMThree Types of MunicipalitiesCompositionWards CommitteesReservation of SeatsDuration of MunicipalitiesDisqualificationsState Election CommissionPowers and FunctionsFinancesFinance CommissionAudit of AccountsApplication to Union TerritoriesExempted AreasDistrict Planning CommitteeMetropolitan Planning CommitteeContinuance of Existing Laws and MunicipalitiesBar to Interference by Courts in Electoral MattersTwelfth Schedule

Composition 74 CA

JKMAll the members of a municipality shall be elected directly by the people of the municipal area. For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards.The state legislature may provide the manner of election of the chairperson of a municipality. It may also provide for the representation of the Following persons in a municipality.1. Persons having special knowledge or experience in municipal administration without the right to vote in the meetings of municipality.2. The members of the Lok Sabha and the state legislative assembly representing constituencies that comprise wholly or partly the municipal area.3. The members of the Rajya Sabha and the state legislative council registered as electors within the municipal area.4. The chairpersons of committees (other than wards committees).

Three Types of Municipalities 74 CA

JKMThe act provides for the constitution of the following three types of municipalities in every state.1. A nagar panchayat (by whatever name called) for a transitional area, that is, an area in transition from a rural area to an urban area.2. A municipal council for a smaller urban area.3. A municipal corporation for a larger urban areaA transitional area, a smaller urban area or a larger urban area means such area as the governor may specify by public notification for this purpose with regard to the following factors:(a) Population of the area;(b) Density of Population;(c) Revenue generated for local administration;(d) Percentage of employment in non-agricultural activities;(e)Economic importance or such other factors as the governor may deem fit.)

Wards Committees 74 CA

JKMThere shall be constituted a wards committee, consisting of one or more wards, within the territorial area of a municipality having population of three lakh or more.The state legislature may make provision with respect to the composition and the territorial area of a wards committee and the manner in which the seats in a wards committee shall be filled.It may also make any provision for the constitution of commitees in addition to the wards committees.

Reservation of Seats 74 CA

JKMThe act provides for the reservation of seats for the SC/ST in every municipality in proportion of their population to the total population in the municipal area.Further, it provides for the reservation of not less than 1/3 rd of the total number of seats for women (including the number of seats reserved for woman belonging to the SCs and the STs)The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for SCs, STs and women.It may also make any provision for the reservation of seats in any municipality or offices of chairpersons in municipalities in favour of backward classes.

Duration of Municipalities 74 CA

JKMThe act provides for a 5 year term of office for every municipality. However, it can be dissolved before the completion of its term.Further, the fresh elections to constitute a municipality shall be completed(a) before the expiry of its duration of fiveyears;(b) in case of dissolution, before the expiry of a period of 6 months from the date of its dissolution.But, where the remainder of the period (for which the dissolved municipality would have continued) is less than six months, it shall not be necessary to hold any election for constituting the new municipality for such period.Moreover, a municipality constituted upon the dissolution of a municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued had it not been so dissolved.In other words, a municipality reconstituted after premature dissolution does not enjoy the full period of 5 years but remains in office only for the remainder of the period.

Disqualifications 74 CA

JKMA person shall be disqualified for being chosen as or for being a member of a municipality if he is so disqualified(a) under any law for the time being in force for the purposes of elections to the legislature of the state concerned; or (b) under any law made by the state legislature.However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years. Further, all questions of disqualifications shall be referred to such authority as the state legislaturedetermines.

State Election Commission 74 CA

JKMThe superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the municipalities shall be vested in the state election commission.The state legislature may make provision with respect to all matters relating to elections to the municipalities.

Powers and Functions 74 CA

JKMThe state legislature may endow the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-governmentSuch a scheme may contain provisions for the devolution of powers and responsibilities upon municipalities at the appropriate level with respect to (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the 18 matters listed in the 12 TH Schedule.

Finances 74 CA

JKMThe state legislature may (a) authorise a municipality to levy, collect and appropriate taxes, duties, tolls and fees; (b) assign to a municipality taxes, duties, tolls and fees levied and collected by state government;(c) provide for making grants-in-aid to the municipalities from the consolidated fund of the state; and (d) provide for constitution of funds for crediting all moneys of the municipalities.

Finance Commission 74 CA

JKMThe finance commission (which is constituted forthe panchayats) shall also, for every 5 years,review the financial position of municipalities and make recommendation to the governor as to:1. The principles that should govern:(a) The distribution between the state and the municipalities, the net proceeds of the taxes, duties, tolls and fees levied by the state.(b) The determination of the taxes, duties, tolls and fees that may be assigned to the municipalities.(c) The grants-in-aid to the municipalities from the consolidated fund of the state.2. The measures needed to improve the financial position of the municipalities.3. Any other matter referred to it by the governor in the interests of sound finance of municipalities.The governor shall place the recommendations of the commission along with the action taken report before the state legislature.The central finance commission shall also suggest the measures needed to augment the consolidated fund of a state to supplement the resources of the municipalities in the state (on the basis of the recommendations made by the finance commission of the state).

Audit of Accounts 74 CA

JKMThe state legislature may make provisions with respect to the maintenance of accounts by municipalities and the auditing of such accounts.

Application to Union Territories 74 CA

JKMThe president of India may direct that the provisions of this act shall apply to any union territory subject to such exceptions and modifications as he may specify.

Exempted Areas 74 CA

JKMThe act does not apply to the scheduled areas and tribal areas in the statesIt shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council of the West BengalAt present (2016), 10 states of India have scheduled areas. These are: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa and Rajasthan.Presently (2016), there are a total of 10 tribal areas (autonomous districts) in the four states of Assam (3), Meghalaya (3), Tripura (1) and Mizoram (3).

District Planning Committee 74 CA

JKMEvery state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole. The chairperson of such committee shall forward the development plan to the state government.In preparing the draft development plan, a district planning committee shall (a) Have regard toâ(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (ii) the extent and type of available resources whether financial or otherwise; and(b) Consult such institutions and organisations as the Governor may specify.

Composition of District planning Committee

jkmThe act lays down that 4/5 ths of the members of a district planning committee should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselvesThe representation of these members in the committee should be in proportion to the ratio between the rural and urban populations in the district.

The state legislature may make following provisions with respect to the DISTRICT PLANNING COMMITTEE

jkm1. The composition of such committees;2. The manner of election of members of such committees;3. The functions of such committees in relation to district planning; and4. The manner of the election of the chairpersons of such committees.

Metropolitan Planning Committee 74 CA

jkmEvery metropolitan area shall have a metropolitan planning committee to prepare a draft development planThe act lays down that 2/3 rds of the members of a metropolitan planning committee should be elected by the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area from amongst themselves. The representation of these members in the committee should be in proportion to the ratio between the population of the municipalities and the panchayats in that metropolitan area.The chairpersons of such committees shall forward the development plan to the state government.

The state legislature may make following provisions with respect to the Metropolitan Planning Committee

jkm1. The composition of such committees;2. The manner of election of members of such committees;3. The representation in such committes of the Central government, state government and other organisations;4. The functions of such committees in relation to planning and coordination for the metropolitan area;5. The manner of election of chairpersons of such committees.

Metropolitan area means...

jkmMetropolitan area means an area having a pop-ulation of 10 lakh or more, in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas

In preparing the draft development plan, a metropolitan planning committee shall

jkm(a) Have regard toâ(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;(ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;(iii) the overall objectives and priorities set by the Government of India and the government of the state;(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise; and(b) consult such institutions and organisations as the Governor may specify.

Continuance of Existing Laws and Municipalities 74 CA

jkmAll the state laws relating to municipalities shall continue to be in force until the expiry of one year from the commencement of this actIn other words, the states have to adopt the new system of municipalities based on this act within the maximum period of one year from 1 June, 1993, which is the date of commencement of this act.However, all municipalities existing immediately before the commencement of this act shall continue till the expiry of their term, unless dissolved by the state legislature sooner.

Bar to Interference by Courts in Electoral Matters - 74 CA

jkmThe act bars the interference by courts in the electoral matters of municipalitiesIt declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any courtIt further lays down that no election to any municipality is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature

Twelfth Schedule 74 CA

jkmIt contains the following 18 functional items placedwithin the purview of municipalities:1. Urban planning including town planning;2. Regulation of land use and construction of buildings;3. Planning for economic and social development;4. Roads and bridges;5. Water supply for domestic, industrial and commercial purposes;6. Public health, sanitation, conservancy and solid waste management;7. Fire services;8. Urban forestry, protection of the environment and promotion of ecological aspects;9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded;10. Slum improvement and upgradation;11. Urban poverty alleviation;12. Provision of urban amenities and facilities such as parks, gardens, playgrounds;13. Promotion of cultural, educational and aesthetic aspects;14. Burials and burial grounds, cremations and cremation grounds and electric crematoriums;15. Cattle ponds, prevention of cruelty to animals;16. Vital statistics including registration of births and deaths;17. Public amenities including street lighting, parking lots, bus stops and public conveniences; 18. Regulation of slaughter houses and tanneries

The following eight types of urban local bodies are created in India for the administration of urban areas-

jkmâ Municipal Corporationâ Municipalityâ Notified Area Committeeâ Town Area Committeeâ Cantonment Boardâ Townshipâ Port Trustâ Special Purpose Agency

1. Municipal Corporation 74 CA

jkmMunicipal corporations are created for the administration of big cities likeDelhi, Mumbai, Kolkata, Hyderabad, Bangalore and othersThey are established in the states by the acts of the concerned state legislatures, and in the union territories by the acts of the Parliament of India.There may be one common act for all the municipal corporations in a state or a separate act for each municipal corporation.A municipal corporation has three authorities, namely, the council, the standing committees and the commissioner.The Council is the deliberative and legislative wing of the corporation.The Council is headed by a Mayor. He is assisted by a Deputy Mayorstanding committees are created to facilitate the working of the council, which is too large in size.municipal commissioner is responsible for the implementation of the decisions taken by the council and its standing committees.he is the chief executive authority of the corporation.

Composition of Municipal corporation

jkmA municipal corporation has three authorities, namely, the council, the standing committees and the commissioner.The Council is the deliberative and legislative wing of the corporation. It consists of the Councillors directly elected by the people, as well as a fewnominated persons having knowledge or experience of municipal administration.In brief, the composition of the Council including the reservation of seats for SCs, STs and women is governed by the 74th Constitutional Amendment Act.The Council is headed by a Mayor. He is assisted by a Deputy Mayor. He is elected in a majority of the states for a one-year renewable term.He is basically an ornamental figure and a formal head of the corporation. His main function is to preside over the meetings of the Council.The standing committees are created to facilitate the working of the council, which is too large in size.They deal with public works, education, health, taxation, finance and so on. They take decisions in their fields. The municipal commissioner is responsible for the implementation of the decisions taken by the council and its standing committees.Thus, he is the chief executive authority of the corporation. He is appointed by the state government and is generally a member of the IAS.

2. Municipality 74 CA

jkmThe municipalities are established for the administration of towns and smaller citiesLike the corporations, they are also set up in the states by the acts of the concerned state legislatures and in the union territory by the acts of the Parliament of India.They are also known by various other names like municipal council, municipal committee, municipal board, borough municipality, city municipality and others.Like a municipal corporation, a municipality also has three authorities, namely, the council, the standing committees and the chief executive officer.

Composition of municipality

jkmLike a municipal corporation, a municipality also has three authorities, namely, the council, the standing committees and the chief executive officer.The council is the deliberative and legislative wing of the municipality. It consists of the councillors directly elected by the people.The council is headed by a president/chairman. He is assisted by a vicepresident/ vice-chairman. He presides over the meetings of the council.Unlike the Mayor of a municipal corporation, he plays a significant role and is the pivot of the municipal administration. Apart from presiding over the meetings of the Council, he enjoys executive powers.The standing committees are created to facil-itate the working of the council. They deal with public works, taxation, health, finance and so on.The chief executive officer/chief municipal officer is responsible for day to-day general administration of the municipality. He is appointed by the state government.

3. Notified Area Committee 74 CA

jkmA notified area committee is created for the administration of two types of areasâa fast developing town due to industrialisation, and a town which does not yet fulfil all the conditions necessary for the constitution of a municipality, but which otherwise is considered important by the state government.Since it is established by a notification in the government gazette, it is called as notified area committee.though it functions within the framework of the State Municipal Act, only those provisions of the act apply to it which are notified in the government gazette by which it is createdIt may also be entrusted to exercise powers under any other act. Its powers are almost equivalent to those of a municipality.

Composition of Notified Area Committee

jkmBut unlike the municipality, it is an entirely nominated body, that is, all the members of a notified area committee including the chairman are nominated by the state government.Thus, it is neither an elected body nor a statutory body.

4. Town Area Committee 74 CA

jkmA town area committee is set up for the administration of a small town.It is a semi-municipal authority and is entrusted with a limited number of civic functions like drainage, roads, street lighting, and conservancy. It is created by a separate act of a state legislature. Its composition, functions and other matters are governed by the act. It may be wholly elected or wholly nominated by the state government or partly elected and partly nominatedThe Rural-Urban Relationship Committee (1963-66) headed by A P Jain recommended that small town area committees should be merged with the panchayati raj institutions to avoid multiplicity in the pattern of local bodies

composition of cantonment board

jkmA cantonment board consists of partly elected and partly nominated members.The elected members hold office for a term of five years while the nominated members (i.e., ex-officio members) continue so long as they hold the office in that station.The military officer commanding the station is the ex-officio president of the board and presides over its meetings.The vicepresident of the board is elected by the elected members from amongst themselves for a term of five yearsThe executive officer of the cantonment board is appointed by the president of India. He implements all the resolutions and decisions of theboard and its committeesHe belongs to the central cadre established for the purpose

Total number of cantonment board in india & its classification

At present (2016), there are 62 cantonment boards in the country. They are grouped into four categories on the basis of the civil populationCategory Civil PopulationI above 50,000II 10,000 to 50,000III 2,500 to 10,000IV Below 2,500

5. Cantonment Board

jkmA cantonment board is established for municipal administration for civilian population in the cantonment areaIt is set up under the provisions of the Cantonments Act of 2006âa legislation enacted by the Central government.It works under the administrative control of the defence ministry of the Central government.Thus, unlike the above 4 types of urban local bodies, which are created and administered by the state government, a cantonment board is created as well as administered by the Central government.The Cantonments Act of 2006 was enacted to consolidate and amend the law relating to the administration of cantonments with a view to impart greater democratisation, improvement of their financial base to make provisions for developmental activities and for matters connected with them.This Act has repealed the Cantonments Act of 1924.The functions performed by a cantonment board are similar to those of a municipality.These are statutorily categorised into obligatory functions and discretionary functions.The sources of income includes both, tax revenueand non-tax revenue.A cantonment area is a delimited area where the military forces and troops are permanently stationed.

The Category I cantonment board consists of the following members

jkm(i) A military officer commanding the station(ii) An executive engineer in the cantonment(iii) A health officer in the cantonment(iv) A first class magistrate nominated by the district magistrate(v) Three military officers nominated by the officer commanding the station(vi) 8 members elected by the people of the cantonment area(vii) Chief Executive Officer of the cantonment board

6. Township 74 CA

jkmThis type of urban government is established by the large public enterprises to provide civic amenities to its staff and workers who live in the housing colonies built near the plantThe enterprise appoints a town administrator tolook after the administration of the townshipHe is assisted by some engineers and other technical and non-technical staffThus, the township form of urban government has no elected members.In fact, it is an extension of the bureaucratic structure of the enterprises.

7. Port Trust

jkmThe port trusts are established in the port areas like Mumbai, Kolkata, Chennai and so on for two purposes:(a) to manage and protect the ports; and(b) to provide civic amenities.A port trust is created by an Act of Parliament.It consists of both elected and nominated members. Its chairman is an officialIts civic functions are more or less similar to those of a municipality.

some Special Purpose Agencyare-

jkmSome such bodies are:1. Town improvement trusts.2. Urban development authorities.3. Water supply and sewerage boards.4. Housing boards.5. Pollution control boards.6. Electricity supply boards.7. City transport boards.

8. Special Purpose Agency 74 CA

jkmthe states have set up certain agencies to undertake designated activities or specific functions that 'legitimately' belong to the domain of municipal corporations or municipalities or other local urban governmentsIn other words, these are function-based and not area-based. They are known as 'single purpose', 'uni-purpose' or 'special purpose' agencies or 'functional local bodies'.These functional local bodies are established as statutory bodies by an act of state legislature or as departments by an executive resolution.They function as autonomous bodies and deal with the functions allotted to them independently of the local urban governments, that is, municipal corporations or municipalities and so forth.Thus, they are not subordinate agencies of the local municipal bodies.

There are three types of municipal personnel systems in India

jkmThe personnel working in the urban governments may belong to any one or all the three types. These are1. Separate Personnel System: Under this system, each local body appoints, administers, and controls its own personnel.They are not transferable to other local bodies. It is the most widely prevalent system. This system upholds the principle of local autonomy and promotes undivided loyalty.2. Unified Personnel System: In this system, the state government appoints, administers, and controls the municipal personnel.In other words, state-wide services (cadres) are created for all the urban bodies in the state.They are transferable between the local bodies in the state. This system is prevalent in Andhra Pradesh, Tamil Nadu, Uttar Pradesh, Rajasthan, Madhya Pradesh and so on.3. Integrated Personnel System: Under this system, the personnel of the state government and those of the local bodies form part of the same service.In other words, the municipal personnel are the members of the state services. They are transferable not only between the local bodies in the state but also between local bodies and departments of state government.Thus, there is no distinction between local civil service and state civil service. This system isprevalent in Odisha, Bihar, Karnataka, Punjab, Haryana and others.

The various national level institutions providing training to the municipal personnel are

jkm1. All-India Institute of Local Self-Government (Mumbai) constituted in 1927; it is a private registered society2. Centre for Urban and Environmental Studies (New Delhi) set up in 1967 on the recommendation of Nur-ud-din Ahmed Committee on Training ofMunicipal Employees (1963-1965)3. Regional Centres for Urban and Environmental Studies (Kolkata, Lucknow, Hyderabad and Mumbai) set up in 1968 on the recommendation of Nur-ud-din Ahmed Committee on Training ofMunicipal Employees (1963-1965)4. National Institute of Urban Affairs, established in 19765. Human Settlement Management Institute, established in 1985

MUNICIPAL REVENUE -there are five sources of income of the urban local bodies. These are asfollows

jkm1. Tax Revenue: The revenue from the local taxes include property tax, entertainment tax, taxes on advertisements, professional tax, water tax, tax on animals, lighting tax, pilgrim tax, market tax, toll on new bridges, octroi and so on.In addition, the municipal bodies imposes various esses like library cess, education cess, beggary cess and so on. Octroi (i.e., taxes on the entry of goods into a local area for consumption, use or sale therein) has been abolished in most of the states.Property tax is the most important tax revenue.2. Non-Tax Revenue: This source include rent on municipal properties, fees and fines, royalty, profits and dividends, interest, user charges and miscellaneous receipts.The user charges (i.e., payment for public utilities) include water charges, sanitation charges, sewerage charges and so on.3. Grants: These include the various grants given to municipal bodies by the Central and State Governments for several development programmes,infrastructure schemes, urban reform initiatives and so on.4. Devolution: This consists of the transfer of funds to the urban local bodies from the state government. This devolution is made on the basis of the recommendations of the state finance commission.5. Loans: The urban local bodies raise loans from the state government as well as financial institutions to meet their capital expenditure. They can borrow from the financial institutions or other bodies only with the approval of the state government.

CENTRAL COUNCIL OF LOCAL GOVERNMENT - history

jkmThe Central Council of Local Government was set up in 1954. It was constituted under Article 263 of the Constitution of India by an order of the President of India.Originally, it was known as the Central Council of Local Self-Government. However, the term 'self-government' was found to be superfluous and hence was replaced by the term 'government' in the 1980s.Till 1958, it dealt with both urban as well as rural local governments, but after 1958 it has been dealing with matters of urban local government only.

Composition of CENTRAL COUNCIL OF LOCAL GOVERNMENT

jkmThe Council is an advisory body. It consists of the Minister for Urban Development in the Government of India and the ministers for local self government in states.The Union minister acts as the Chairman of theCouncil.

CENTRAL COUNCIL OF LOCAL GOVERNMENT performs the following functions with regard to local government

jkm(i) Considering and recommending the policy matters(ii) Making proposals for legislation(iii) Examining the possibility of cooperation between the Centre and the states(iv) Drawing up a common programme of action(v) Recommending Central financial assistance(vi) Reviewing the work done by the local bodies with the Central financial assistance

jkmArticle No.// Subject-matter243P Definitions243Q Constitution of municipalities243R Composition of municipalities243S Constitution and composition of wards committees, and so on243T Reservation of seats243U Duration of municipalities, and so on243V Disqualifications for membership243W Powers, authority and responsibilities of municipalities, and so on243X Powers to impose taxes by, and funds of, the municipalities243Y Finance commission243Z Audit of accounts of municipalities243ZA Elections to the municipalities243ZB Application to union territories243ZC Part not to apply to certain areas243ZD Committee for district planning243ZE Committee for metropolitan planning243ZF Continuance of existing laws and municipalities243ZG Bar to interference by courts in electoral matters

Table 39.4 Name and Number of Municipalities (2010)

n/a

Union Territories intro

jkmunder Article 1 of the Constitution, the territory of India comprises three categories of territories:(a) territories of the states;(b) union territories;(c) territories that may be acquired by the Government of India at any time.At present, there are twenty-nine states, seven union territories and no acquired territories.The states are the members of the federal system in India and share a distribution of power with the Centre.The union territories, on the other hand, are those areas which are under the direct control and administration of the Central government. Hence, they are also known as 'centrally administered territories'.'In this way, existence of these territories constitutes a conspicuous departure from federalism in India; the Government of India is plainly unitary in so far as the relationship between New Delhi and these Central enclaves is concerned'

CREATION OF UNION TERRITORIES - history

jkmDuring the British Rule, certain areas were constituted as 'scheduled districts' in 1874.Later, they came to be known as 'chief commissioners provinces'After independence, they were placed in the category of Part 'C' and Part 'D' states(Under the original Constitution of India (1950), the states were classified into four categories, namely, Part A, B, C and D States.)In 1956, they were constituted as the 'union territories' by the 7th Constitutional Amendment Act (1956) and the States Reorganisation Act (1956)Gradually, some of these union territories have been elevated to statehood. Thus, Himachal Pradesh, Manipur, Tripura, Mizoram, ArunachalPradesh and Goa, which are states today were formerly union territoriesOn the other hand, the territories that were acquired from the Portuguese (Goa, Daman and Diu, and Dadra and Nagar Haveli) and the French (Puducherry) were constituted as the union territories.

At present, there are seven Union Territories. - and their year of formation..

jkmAt present, there are seven Union Territories. They are (along with the year of creation):(1) Andaman and Nicobar Islandsâ1956,(2) Delhiâ1956,(3) Lakshadweepâ1956,(4) Dadra and Nagar Haveliâ1961,(5) Daman and Diuâ1962,(6) Puducherryâ1962, and(7) Chandigarhâ1966. Till 1973,Lakshadweep was known by the name of Laccadive, Minicoy and Amindivi Islands.In 1992, Delhi was redesignated as the National Capital Territory of Delhi.Till 2006, Puducherry was known as Pondicherry.

The union territories have been created for a variety of reasons. These are mentioned below-

jkm1. Political and administrative considerationâDelhi and Chandigarh.2. Cultural distinctivenessâPuducherry, Dadra and Nagar Haveli, and Daman and Diu.3. Strategic importanceâAndaman and Nicobar Islands and Lakshadweep.4. Special treatment and care of the backward and tribal peopleâMizoram,Manipur, Tripura and Arunachal Pradesh which later became states.

ADMINISTRATION OF UNION TERRITORIES

jkmArticles 239 to 241 in Part 8 of the Constitution deal with the union territories.Even though all the union territories belong to one category, there is no uniformity in their administrative system.Every union territory is administered by the President acting through an administrator appointed by him. An administrator of a union territory is an agent of the President and not head of state like a governor.The President can specify the designation of an administrator; it may be Lieutenant Governor orChief Commissioner or Administrator.At present, it is Lieutenant Governor in the case of Delhi, Puducherry and Andaman and Nicobar Islands Administrator in the case of Chandigarh, Dadra and Nagar Haveli, Daman and Diu and Lakshadweep.The President can also appoint the governor of a state as the administrator of an adjoining union territory.In that capacity, the governor is to act independently of his council of ministers.The President can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra andNagar Haveli, and Daman and Diu.In the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved.A regulation made by the President has the same force and effect as an act of Parliament and can also repeal or amend any act of Parliament in relation to these union territories.

legislative assembly of the UTs

jkmThe Union Territories of Puducherry (in 1963) and Delhi (in 1992) are provided with a legislative assembly(Assembly of Puducherry consists of 30 members while that of Delhi 70 members) and a council of ministers headed by a chief minister.The remaining five union territories do not have such popular political institutions. But, the establishment of such institutions in the union territories does not diminish the supreme control of the president and Parliament over them.The Parliament can make laws on any subject of the three lists (including the State List) for the union territories.This power of Parliament also extends to Puducherry and Delhi, which have their own local legislaturesThis means that, the legislative power of Parliament for the union territories on subjectsof the State List remain unaffected even after establishing a local legislature for themBut, the legislative assembly of Puducherry can also make laws on any subject of the State List and the Concurrent List.Similarly, the legislative assembly of Delhi can make laws on any subject of the State List (exceptpublic order, police and land) and the Concurrent List.The President can legislate by making regulations but only when the assembly is suspended or dissolved.A regulation made by the President has the same force and effect as an act of Parliament and can also repeal or amend any act of Parliament in relation to these union territories.

High courts of UTs

jkmThe Parliament can establish a high court for a union territory or put it under the jurisdiction of the high court of adjacent state.Delhi is the only union territory that has a high court of its own (since 1966).The Bombay High Court has got jurisdiction over two union territoriesâDadra and Nagar Haveli, and Daman and Diu.Andaman and Nocobar Islands-Calcutta HCChandigarh-Punjab & Haryana HCLakshadweep-Kerala HCPuducherry - Madras High Courts

Administration of acquired territory

jkmat present there is no acquired territories.The Constitution does not contain any separate provisions for the administration of acquired territories. But, the constitutional provisions forthe administration of union territories also apply to the acquired territories.

SPECIAL PROVISIONS FOR DELHI

jkmThe 69th Constitutional Amendment Act of 1991(wef 1 February 1992) provided a special status to the Union Territory of Delhi, and redesignated it the National Capital Territory of Delhi and designated the administrator of Delhi as the lieutenant (lt.) governorThe elections are conducted by the election commission of IndiaThe assembly can make laws on all the matters of the State List and the Concurrent List except the three matters of the State List, that is, public order, police and land.But, the laws of Parliament prevail over those made by the Assembly.governor in the exercise of his functions except in so far as he is required to act in his discretion.In the case of difference of opinion between the lt.governor and his ministers, the lt. governor is to refer the matter to the president for decision and act accordingly.When a situation arises in which the administration of the territory cannot be carried on in accordance with the above provisions, the president can suspend their (above provisions) operation and make the necessary incidental or consequential provisions for administering the territory.In brief, in case of failure of constitutional machinery, the president can impose his rule in theterritory. This can be done on the report of the lt. governor or otherwise. This provision resembles Article 356 which deals with the imposition ofPresident's Rule in the states.

Composition of legislative assembly for DELHI

jkm69th Constitutional Amendment Act of 1991 created a legislative assembly and a council of ministers for Delhi.Previously, Delhi had a metropolitan council and an executive council.The strength of the assembly is fixed at 70 members, directly elected by the people.The strength of the council of ministers is fixed at 10 % of the total strength of the assembly, that is,7âone chief minister and six other ministers.The chief minister is appointed by the President (not by the lt. governor). The other ministers are appointed by the president on the advice of the chief minister.The ministers hold office during the pleasure of the president. The council of ministers is collectively responsible to the assembly.The council of ministers headed by the chief minister aid and advise the lt

ORDINANCE Powers of governor in UT DELHI

jkmThe lt. governor is empowered to promulgate ordinances during recess of the assembly. An ordinance has the same force as an act of the assembly.Every such ordinance must be approved by the assembly within six weeks from its reassemblyHe can also withdraw an ordinance at any time. But, he cannot promulgate an ordinance when the assembly is dissolved or suspended.Further, no such ordinance can be promulgated or withdrawn without the prior permission of the President.

ADVISORY COMMITTEES OF UNION TERRITORIES

jkmUnder the Government of India (Allocation of Business) Rules 1961, Ministry of Home Affairs is the nodal ministry for all matters of Union Territories relating to legislation, finance and budget, services and appointment of Lt. Governors and Administrators.All the five UTs without legislature (Andaman and Nicobar Islands, Chandigarh, Daman and diu, Dadra and Nagar Haveli and Lakshadweep) have the forum of Home Minister's Advisory Committee (HMAC / Administrator's Advisory Committee (AAC).While HMAC is chaired by the Union Home Minister, AAC is chaired by the Administrator of the concerned UTsMember of Parliament and elected members from the local bodies e.g. District Panchayats and Municipal Council of the respective UTs are members of these committees among others.The Committee discusses the general issues relating to social and economic development of the UTs.

Table 40.1 Administrative System of Union Territories at a Glance

jkmUnion Territories // Executive //Legislature// Judiciary1. Andaman and Nicobar Islands Lt. Governor â Under Calcutta High Court2. Chandigarh Administrator â Under Punjab andHaryana High Court 3. Dadra and Nagar Haveli Administrator â Under Bombay High Court4. Daman and Diu Administrator â Under Bombay High Court5. Delhi (a) Lt. Governor (b) Chief minister (c) Council of ministers Legislative Assembly Separate High Court 6. Lakshadweep Administrator â Under Kerala High Court7. Puducherry (a) Lt. Governor (b) Chief minister (c) Council of ministers Legislative Assembly Under Madras High CourtNote: The Governor of Punjab is concurrently the Administrator of Chandigarh.The Administrator of Dadra and Nagar Haveli is concurrently the Administrator of Daman and Diu. Lakshadweep has a separate Administrator

Table 40.2 Comparing States and Union Territories

jkmStates // Union Territories//1. Their relationship with Centre is federal. 1. Their relationship with Centre is unitary.2. They share a distribution of power with the Centre. 2. They are under the direct control and administration of the Centre.3. They have autonomy. 3. They do not have any autonomy.4. There is uniformity in their administrative set-up. 4. There is no uniformity in their administrative set-up.5. Their executive head is known as governor. 5.Their executive head is known by various designationsâadministrator or lieutenant governor or chief commissioner.6. A governor is a constitutional head of the state. 6. An administrator is an agent of the president.7. Parliament cannot make laws on the subjects of the state list in relation to the states except underextraordinary circumstances. 7. Parliament can make laws on any subject of the three lists in relation to the union territories.

jkmArticle No. // Subject-matter //239. Administration of Union territories239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories239AA. Special provisions with respect to Delhi239AB. Provision in case of failure of constitutional machinery239B. Power of administrator to promulgate Ordinances during recess of Legislature240. Power of President to make regulations for certain Union territories241. High Courts for Union territories242. Coorg (Repealed)

Official Language intro

jkmPart 17 of the Constitution deals with the official language in Articles 343 to 351Its provisions are divided into four heads Language of the Union, Regional languages, Language of the judiciary and texts of laws and Special directives

The Constitution contains the following provisions in respect of the official language of the Union

jkm1. Hindi written in Devanagari script is to be the official language of the Union. But, the form of numerals to be used for the official purposes of the Union has to be the international form of Indian numerals and not the Devanagari form of numerals.2. However, for a period of fifteen years from the commencement of the Constitution (i.e., from 1950 to 1965), the English language would continue to be used for all the official purposes of the Union for which it was being used before 1950.3. Even after fifteen years, the Parliament may provide for the continued use of English language for the specified purposes.4. At the end of five years, and again at the end of ten years, from the commencement of the Constitution, the president should appoint a commission to make recommendations with regard to the progressive use of the Hindi language, restrictions on the use of the English language and other related issues*5. A committee of Parliament is to be constituted to examine the recommendations of the commission and to report its views on them to the president**Accordingly, in 1955, the president appointed an Official Language Commission under the chairmanship of B G Kher. The commission submitted its report to the President in 1956.The report was examined by a committee of Parliament constituted in 1957 under the chairmanship of Gobind Ballabh Pant. However, another Official Language Commission (as envisaged by the Constitution) was not appointed in 1960.Subsequently, the Parliament enacted the Official Language Act in 1963. The act provides for the continued use of English (even after 1965), inaddition to Hindi, for all official purposes of the Union and also for the transaction of business in Parliament. Notably, this act enables the use of English indefinitely (without any time-limit)Further, this act was amended in 1967 to make the use of English, in addition to Hindi, compulsory in certain cases****The Commission was to consist of a chairman and other members representing the different languages specified in the Eighth Schedule ofthe Constitution.**The Committee was to consist of 30 members (20 from Lok Sabha and 10 from Rajya Sabha), to be elected in accordance with the system of proportional representation by means of the single transferable vote ***These include:(a) resolutions, general orders, rules, notifications, administrative or other reports or press communications issued by the Central government;(b) administrative and other reports and official papers laid before Parliament;(c) contracts and agreements executed, licences, permits, notices, etc, issued by the Central government or by a corporation or a company owned by the Central government

The Constitution does not specify the official language of different states. In this regard, it makes the following provisions

JKM1. The legislature of a state may adopt any one or more of the languages in use in the state or Hindi as the official language of that state. Until that is done, English is to continue as official language of that state. Under this provision, most of the states have adopted the major regional language as their official language. For example, Andhra Pradesh has adopted Telugu, KeralaâMalayalam, AssamâAssamese, West BengalâBengali, OdishaâOdia. The nine northern states of Himachal Pradesh, Uttar Pradesh, Uttarakhand, Madhya Pradesh, Chhattisgarh, Bihar, Jharkhand, Haryana and Rajasthan have adopted HindiGujarat has adopted Hindi in addition to Gujarati. Similarly, Goa has adopted Marathi in addition to Konkani. Jammu and Kashmir has adopted Urdu (and not Kashmiri)On the other hand, certain north eastern States like Meghalaya, Arunachal Pradesh and Nagaland have adopted EnglishNotably, the choice of the state is not limited to the languages enumerated in the Eighth Schedule of the Constitution.2. For the time being, the official language of the Union (i.e., English) would remain the link language for communications between the Union and the states or between various states.But, two or more states are free to agree to use Hindi (instead of English) for communication between themselves. Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar are some of the states that have entered into such agreements.The Official Language Act (1963) lays down that English should be used for purposes of communication between the Union and the non- Hindi states (that is, the states that have not adopted Hindi as their official language).Further, where Hindi is used for communicationbetween a Hindi and a non-Hindi state, such communication in Hindi should be accompanied by an English translation.3. When the President (on a demand being made) is satisfied that a substantial proportion of the population of a state desire the use of any language spoken by them to be recognised by that state, then he may direct that such language shall also be officially recognised in that state.This provision aims at protecting the linguistic interests of minorities in the states.

The constitutional provisions dealing with the language of the courts and legislation are as follows:

JKM1. Until Parliament provides otherwise, the following are to be in the English language only:(a) All proceedings in the Supreme Court and in every high court.(b) The authoritative texts of all bills, acts, ordinances, orders, rules, regulations and bye-laws at the Central and state levels2. However, the governor of a state, with the previous consent of the president, can authorise the use of Hindi or any other official language of the state, in the proceedings in the high court of the state, but not with respect to the judgements, decrees and orders passed by it.In other words, the judgements, decrees and orders of the high court must continue to be in English only (until Parliament otherwise provides).3. Similarly, a state legislature can prescribe the use of any language (other than English) with respect to bills, acts, ordinances, orders, rules, regulations or bye-laws, but a translation of the same in the English language is to be published.The Official Language Act of 1963 lays down that Hindi translation of acts, ordinances, orders, regulations and bye-laws published under the authority of the president are deemed to be authoritative texts.Further, every bill introduced in the Parliament is to be accompanied by a Hindi translation.Similarly, there is to be a Hindi translation of state acts or ordinances in certain cases.The act also enables the governor of a state, with the previous consent of the president, to authorise the use of Hindi or any other official language of the state for judgements, decrees and orders passed by the high court of the state but they should be accompanied by an English translation. For example, Hindi is used in Uttar Pradesh, Madhya Pradesh, Bihar and Rajasthan for this purpose.However, the Parliament has not made any provision for the use of Hindi in the Supreme Court. Hence, the Supreme Court hears only those who petition or appeal in EnglishIn 1971, a petitioner insisted on arguing in Hindi a habeas corpus petition in the Supreme Court. But, the Court cancelled his petition on the ground that the language of the Court was English and allowing Hindi would be unconstitutional.

Provisions for Protection of Linguistic Minorities wrt official language

jkm1. Every aggrieved person has the right to submit a representation for the redress of any grievance to any officer or authority of the Union or a state in any of the languages used in the Union or in the state, as the case may be.This means that a representation cannot be rejected on the ground that it is not in the official language.2. Every state and a local authority in the state should provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.The president can issue necessary directions for this purpose(added by the 7th Amendment Act of 1956 on the recommendation of the States Reorganisation Commission)3. The president should appoint a special officer for linguistic minorities to investigate all matters relating to the constitutional safeguards for linguistic minorities and to report to him.The president should place all such reports before the Parliament and send to the state government concerned

Development of Hindi Language

jkmThe Constitution imposes a duty upon the Centre to promote the spread and development of the Hindi language so that it may become the lingua franca of the composite culture of India*Further, the Centre is directed to secure the enrichment of Hindi by assimilating the forms, style and expressions used in hindustani and in other languages specified in the Eighth Schedule and by drawing its vocabulary, primarily on sanskrit and secondarily on other languages.At present (2016), the Eighth Schedule of the Constitution specifies 22 languages (originally 14 languages). These are Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Odia**, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and UrduSindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992; and Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003.In terms of the Constitution provisions, there are two objectives behind the specification of the above regional languages in the Eighth Schedule: (a) the members of these languages are to be given representation in the Official Language Commission;(b) the forms, style and expression of these languages are to be used for the enrichment of the Hindi language.*In 1976, the Supreme Court declared Tamil Nadu's pension scheme to anti-Hindi agitators as unconstitutional.**The 96th Amendment Act of 2011 substituted "Odia" for "Oriya

COMMITTEE OF PARLIAMENT ON OFFICIAL LANGUAGE9

jkmThe Official Language Act (1963) provided for the setting up of a Committee of Parliament on Official Language to review the progress made in the use of Hindi for the official purpose of the Union. Under the Act, this Committee was to be constituted after ten years of the promulgation of the Act (i.e., 26th January, 1965). Accordingly, this Committee was set up in 1976.This Committee comprises of 30 members of Parliament, 20 from Lok Sabha and 10 from Rajya Sabha.The Act contains the following provisions relating to the composition and functions of the committee:1. After the expiration of ten years from the date on which the Act comes into force, there shall be constituted a Committee on Official Language, on a resolution to that effect being moved in either House of Parliament with the previous sanction of the President and passed by both Houses.2. The Committee shall consist of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.3. It shall be the duty of the Committee to review the progress made in the use of Hindi for the official purposes of the Union and submit a report to the President making recommendations thereon and the President shall cause the report to be laid before each House of Parliament and sent it to all the State Governments.4. The President may, after consideration of the report, and the views, expressed by the State Governments thereon, issue directions in accordance with the whole or any part of the report.The Chairman of the Committee is elected by the members of the Committee. As a convention, the Union Home Minister has been elected as Chairman of the Committee from time to time.The Committee is required to submit its report alongwith its recommendations to the President after reviewing the position regarding the use of Hindi in Central Government Offices on the basis of its observations.Apart from adopting other methods for assessing the factual position, the Committee decided to inspect certain Central Government offices representing various fields of activities to motivate the Central Government offices to adopt maximum usage of Hindi so that the objectives of the Constitution and Official Language Act provisions could be achievedWith this end in view, the Committee set up three sub-Committees and for the purpose of inspection by the three sub-Committees, the various Ministries/Departments etc. were divided into three different groups.Further, in order to assess the use of Official Language for various purposes and other matters connected therewith, it was also decided to invite eminent persons from various fields such as from education, judiciary, voluntary organizations and the Secretaries of the Ministries/Departments etc., for oral evidence.The progressive use of Hindi in the Central Government offices is being reviewed by the Committee in the background of the provisions relating to Official Language as provided by the Constitution; the Official Language Act, 1963 and the Rules framed there under.The Committee also takes note of the circulars/instructions etc. issued by the Government in this regard from time to time.The terms of reference of the Committee being comprehensive, it has also been examining other relevant aspects like the medium of instructions in schools, colleges and the universities; mode of recruitment to Central Government services and medium of departmental examination etc.Taking into consideration the magnitude of various aspects of the Official Language policy and keeping in view the present circumstances, the Committee in its meeting held in June, 1985 and August, 1986 decided to present its report to the President in parts; each part relating to a particularaspect of the Official Language policy.The Secretariat of the Committee is headed by the Secretary of the Committee. The Secretary is assisted by the officers of the level of Under Secretary and other officials. They extend all required assistance in performing the various activities of the CommitteeFor administrative purposes, this office is subordinate office of Department of Official Language, Ministry of Home Affairs.

CLASSICAL LANGUAGE STATUS

jkmIn 2004, the Government of India decided to create new category of languages called as "classical languages".In 2006, it laid down the criteria for conferring the classical language status.So far (2016), the six languages are granted the classical language status.Languages & Year of Declaration1. Tamil 20042. Sanskrit 20053. Telugu 20084. Kannada 20085. Malayalam 20136. Odia 2014

jkmArticle No. // Subject-matter//Language of the Union343. Official language of the Union344. Commission and Committee of Parliament on official languageRegional Languages345. Official language or languages of a state346. Official language for communication between one state and another or between a state and the Union347. Special provision relating to language spoken by a section of the population of a stateLanguage of the Supreme Court, High Courts, etc.348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.349. Special procedure for enactment of certain laws relating to languageSpecial Directives350. Language to be used in representation for redress of grievances350A. Facilities for instruction in mother-tongue at primary stage350B. Special Officer for linguistic minorities351. Directive for development of the Hindi language

Benefits of Classical Language

jkmOnce a language is declared classical, it gets financial assistance for setting up a centre of excellence for the study of that language and also opens up an avenue for two major awards for scholars of eminence.Besides, the University Grants Commission can be requested to create - to begin with at least in Central Universities - a certain number of professional chairs for classical languages for scholars of eminence in the language

criteria for declaring a classical language

jkmThe criteria for declaring a language as classical mandates high antiquity of its early texts/recorded history over a period of 1,500-2,000 years, a body of ancient literature/texts which is considered a valuable heritage by generations of speakers and a literary tradition that is original and not borrowed from another speech community.Also since the classical language and literature is distinct from the modern, there can also be a discontinuity between the classical language and its later forms or its offshoots.

CLASSIFICATION OF Public SERVICES

jkmThe public services (civil services or government services) in India are classified into three categoriesâall-India services, Central services andstate services.

All-India Services

jkmThe members of these services occupy top positions (or key posts) under both the Centre and the states and serve them by turns.At present, there are three all-India services. They are:1. Indian Administrative Service (IAS)2. Indian Police Service (IPS)3. Indian Forest Service (IFS)In 1947, the Indian Civil Service (ICS) was replaced by IAS, and the Indian Police (IP) was replaced by IPS and were recognised by the Constitution as all-India servicesIn 1966, the Indian Forest Service was established as the third all-India service*.The All-India Services Act of 1951 authorised the Central government to make rules in consultation with the state governments for the regulation of recruitment and service conditions of the members of all-India services.The members of these services are recruited and trained by the Central government but are assigned to different states for work. They belong to different state cadres; the Centre having no cadre of its own in this regard.They serve the Central government on deputation and after completing their fixed tenure they go back to their respective states.The Central government obtains the services of these officers on deputation under the well-known tenure system.It must be noted here that irrespective of their division among different states, each of these all-India services form a single service with common rights and status and uniform scales of pay throughout the country.Their salaries and pensions are met by the states.The all-India services are controlled jointly by the Central and state governments. The ultimate control lies with the Central government while theimmediate control is vested in the state governments.Any disciplinary action (imposition of penalties) against these officers can only be taken by the Central government.Sardar Vallabhbhai Patel was the chief protagonist of all-India services in the Constituent Assembly. Hence, he came to be regarded as the 'Father of all-India Services'.*In 1963, a provision was made for the creation of three more all-India services. They were Indian Forest Service, Indian Medical and Health Service and Indian Service of Engineers.However, out of these three, only the Indian Forest Service came into existence in 1966

Central Services

jkmThe personnel of Central services work under the exclusive jurisdiction of the Central government. They hold specialised (functional and technical)positions in various departments of the Central government.Before Independence, the Central services were classified into class-I, class-II, subordinate and inferior services.After Independence, the nomenclature of subordinate and inferior services was replaced by class-III and class-IV services. Again in 1974, the classification of Central services into class-I, class-II, class-III and class-IV was changed to group A, group B, group C and group D, respectively*Most of the above cadres of group A Central services have also corresponding group B services.The group C Central services consists of clerical personnel while group D consists of manual personnel. Thus group A and group B comprises of gazetted officers while group C and group D arenon-gazetted. Among all, the Indian Foreign Service (IFS) is the highest central service in terms of prestige, status, pay and emoluments.In fact, it (though a central service) competes with the all-India services in position, status and pay scales. It comes next to the IAS in ranking and its pay scale is higher than the IPS.*This was done on the recommendation of the Third Pay Commission (1970-1973) while the earlier change was done on the recommendation of the First Pay Commission (1946-1947).

At present, there are 60 group A Central services. Some of them are

jkm1. Central Engineering Service.2. Central Health Service.3. Central Information Service.4. Central Legal Service.5. Central Secretariat Service.6. Indian Audit and Accounts Service.7. Indian Defence Accounts Service.8. Indian Economic Service.9. Indian Foreign Service.10. Indian Meteorological Service.11. Indian Postal Service.12. Indian Revenue Service (Customs, Excise and Income Tax)13. Indian Statistical Service.14. Overseas Communication Service.15. Railway Personnel Service.

State Services

jkmThe personnel of state services work under the exclusive jurisdiction of the state government. They hold different positions (general, functional and technical) in the departments of the state government.However, they occupy lower positions (in the administrative hierarchy of the state) than those held by the members of the all-India services (IAS, IPS and IFS). Each of these services is named after the state, that is, name of the state is added as a prefix. For example, in Andhra Pradesh (AP), they are known as AP Civil Service, AP Police Service, AP Forest Service, AP Agricultural Service, AP Medical Service, AP Veterinary Service, AP Fisheries Service, AP Judicial Service, and so on. Among all the state services, the civil service (also known as the administrative service) is the most prestigious.Like the Central services, the state services are also classified into four categories: class I (group I or group A), class II (group II or group B), class III (group III or group C) and class IV (group IV or group D).Further, the state services are also classified into gazetted class and non gazetted class. Usually, Class I (Group-A) and Class-II (Group-B) Services are gazetted classes while Class-III (Group-C) and Class-IV (Group-D) services are non-gazetted classes.The names of the members of gazetted class are published in the Government Gazette for appointment, transfer, promotion and retirement, while those of the non-gazetted are not published. Further, the members of the gazetted class enjoy some privileges which are denied to the members of non-gazetted class. Also, the members of the gazetted class are called 'officers' while those of non-gazetted are called 'employees'.The All-India Services Act of 1951 specifies that senior posts not exceeding thirty-three and one third per cent in the Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFS) are required to be filled in by promotion of officers employed in the state services.Such promotions are made on the recommendation of selection committee constituted for this purpose in each state. Such a committee is presided over by the Chairman or a member of UPSC.

The number of services in a state differ from state to state. The services that are common to all the states are

1. Civil Service.2. Police Service.3. Forest Service.4. Agricultural Service.5. Medical Service.6. Veterinary Service.7. Fisheries Service.8. Judicial Service.9. Public Health Service.10. Educational Service.11. Co-operative Service.12. Registration Service.13. Sales Tax Service.14. Jail Service.15. Service of Engineers.

CONSTITUTIONAL PROVISIONS - public service

jkmArticles 308 to 314 in part XIV of the Constitution contain provisions with regard to all-India services, Central services and state services. Article 308 makes it clear that these provisions do not apply to the state of Jammu and Kashmir1. Recruitment and Service Conditions-3092. Tenure of Office -3103. Safeguards to Civil Servants-3114. All-India Services-3125. Other Provisions

1. Recruitment and Service Conditions - constitutional provisions for public services

Article 309 empowers the Parliament and the state legislatures to regulate the recruitment and the conditions of service of the persons appointed to public services and posts under the Centre and the states, respectively.Until such laws are made, the president or the governor can make rules to regulate these matters.Recruitment includes any method provided for inducting a person in public service like appointment, selection, deputation, promotion and appointment by transfer.The conditions of service of a public servant includes pay, allowances, periodical increments, leave, promotion, tenure or termination of service, transfer, deputation, various types of rights, disciplinary action, holidays, hours of work and retirement benefits like pension, provident fund, gratuity and so on.Under this provision, the Parliament or the state legislature can impose 'reasonable' restrictions on the Fundamental Rights of public servants in the interests of integrity, honesty, efficiency, discipline, impartiality, secrecy, neutrality, anonymity, devotion to duty and so on.Such restrictions are mentioned in the conduct rules like Central Services (Conduct) Rules, Railway Services (Conduct) Rules and so on.

2. Tenure of Office- constitutional provisions for public services

jkmAccording to Article 310, members of the defence services, the civil services of the Centre and the all-India services or persons holding military posts or civil posts('civil post' means an appointment or office or employment on the civil side of the admini-stration as distinguished from the military side.)under the Centre, hold office during the pleasure of the president. Similarly, members of the civil services of a state or persons holding civil posts under a state, hold office during the pleasure of the governor of the state.However, there is an exception to this general rule of dismissal at pleasure.The president or the governor may (in order to secure the services of a person having special qualifications) provide for the payment of compensation to him in two cases:(i) if the post is abolished before the expiration of the contractual period, or (ii) if he is required to vacate that post for reasons not connected with misconduct on his part.Notably, such a contract can be made only with a new entrant, that is, a person who is not already a member of a defence service, a civil service of the Centre, an all-India service or a civil service of a state.

3. Safeguards to Civil Servants- constitutional provisions for public services

jkmArticle 311 places two restrictions on the above 'doctrine of pleasure'. In other words, it provides two safeguards to civil servants against any arbitrary dismissal from their posts:(a) A civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed(diff btw dismissal and removal is that the former disqualifies for future employment under the government while the latter does not disqualify for future employment under the govt)(b) A civil servant cannot be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.The above two safeguards are available only to the members of the civil services of the Centre, the all-India services, the civil services of a state or to persons holding civil posts under the Centre or a state and not to the members of defence services or persons holding military posts.However, the second safeguard (holding inquiry) is not available in the following three cases:(a) Where a civil servant is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;(b) Where the authority empowered to dismiss or remove a civil servant or to reduce him in rank is satisfied that for some reason (to be recorded in writing), it is not reasonably practicable to hold such inquiry(c) Where the president or the governor is satisfied that in the interest of the security of the state, it is not expedient to hold such inquiry.Originally, the opportunity of being heard was given to a civil servant at two stagesâat the inquiry stage, and at the punishment stage.But, the 42nd Amendment Act of 1976 abolished the provision for second opportunity (that is, the right of a civil servant to make representation against the punishment proposed as a result of the findings of the inquiry).Hence, the present position is that where it is proposed (after inquiry) to impose upon a civil servant the punishment of dismissal, removal or reduction in rank, it may be imposed on the basis of the evidence adduced at the inquiry without giving him any opportunity of making representation on the penalty proposed.The Supreme Court held that the expression 'reasonable opportunity of being heard' envisaged to a civil servant (in the second safeguard mentioned above) includes:(a) an opportunity to deny his guilt and establish his innocence which he can only do if he is told what the charges levelled against him are and the allegations on which such charges are based;(b) an opportunity to defend himself by cross-examining the witnesses produced against him and by examining himself or any other witnesses in support of his defence; and(c) the disciplinary authority must supply a copy of the inquiry officer's report to the delinquent civil servant for observations and comments before the disciplinary authority considers the report

4. All-India Services- constitutional provisions for public services

jkmArticle 312 makes the following provisions in respect of all-India services:(a) The Parliament can create new all-India services (including an all-India judicial service), if the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the national interest to do so.Such a resolution in the Rajya Sabha should be supported by two-thirds of the members present and voting. This power of recommendation is given to the Rajya Sabha to protect the interests of states in the Indian federal system.(b) Parliament can regulate the recruitment and conditions of service of persons appointed to all-India services.Accordingly, the Parliament has enacted the All India Services Act, 1951 for the purpose.(c) The services known at the commencement of the Constitution (that is, January 26, 1950) as the Indian Administrative Service and the Indian Police Service are deemed to be services created by Parliament under this provision.(d) The all-India judicial service should not include any post inferior to that of a district judge*. A law providing for the creation of this service is notto be deemed as an amendment of the Constitution for the purposes of Article 368.Though the 42nd Amendment Act of 1976 made the provision for the creation of all-India judicial service, no such law has been made so far. *The expression 'district judge' includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge

5. Other Provisions-constitutional provisions for public services

jkmArticle 312 A (inserted by the 28th Amendment Act of 1972) confers powers on the Parliament to vary or revoke the conditions of service of persons who were appointed to a civil service of the Crown in India before 1950.Article 313 deals with transitional provisions and says that until otherwise provided, all the laws in force before 1950 and applicable to any public service would continue.Article 314 which made provision for protection of existing officers of certain services was repealed by the 28th Amendment Act of 1972.

jkmArticle No.// Subject-matter308. Interpretation309. Recruitment and conditions of service of persons serving the Union or a state310. Tenure of office of persons serving the Union or a state311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state312. All-India Services312A. Power of Parliament to vary or revoke conditions of service of officers of certain services313. Transitional provisions314. Provision for protection of existing officers of certain services (Repealed)

RATIONALE OF SPECIAL PROVISIONS to certain classes

jkmIn order to realise the objectives of equality and justice as laid down in the Preamble, the Constitution makes special provisions for the scheduled castes (SCs), the scheduled tribes (STs), the backward classes (BCs) and the Anglo-Indians. These special provisions are contained in Part XVI of the Constitution from Articles 330 to 342. They are related to the following:1. Reservation in Legislatures2. Special Representation in Legislatures3. Reservation in Services and Posts4. Educational Grants5. Appointment of National Commissions6. Appointment of Commissions of Investigation

These special provisions to Certain classes can be classified into the following broad categories

jkm"(a) Permanent and Temporary â Some of them are a permanent feature of the Constitution, while some others continue to operate only for a specified period.(b) Protective and Developmental â Some of them aim at protecting these classes from all forms of injustice and exploitation, while some others aim at promoting their socio-economic interests.

SPECIFICATION OF CLASSES : special provision for certain classes

jkmThe Constitution does not specify the castes or tribes which are to be called the SCs or the STsIt leaves to the President the power to specify as to what castes or tribes in each state and union territory are to be treated as the SCs and STs.Thus, the lists of the SCs or STs vary from state to state and union territory to union territory. In case of the states, the President issues the notification after consulting the governor of the state concerned.But, any inclusion or exclusion of any caste or tribe from Presidential notification can be done only by the Parliament and not by a subsequent Presidential notification. Presidents have issued several orders specifying the SCs and STs in different states and union territories and these have also been amended by the Parliament*Similarly, the Constitution has neither specified the BCs nor used a single uniform expression to characterise the BCs.** The expression 'BCs' means such backward classes of citizens other than the SCs and the STs as may be specified by the Central Government.Thus the expression 'BCs' in this context means the 'Other Backward Classes' (OBCs) as the SCs and STs are also backward classes of citizens.Unlike in the case of SCs, STs and OBCs, the Constitution has defined the persons who belong to the Anglo-Indian community.Accordingly, 'an Anglo-Indian means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only'.*These are the Constitution (Scheduled Castes) Order, 1950; the Constitution (Scheduled Castes) (Union Territories) Order, 1951; the Constitution (Scheduled Tribes) Order, 1950; the Constitution (Scheduled Tribes) (Union Territories) Order, 1951 and so on. The Parliament modified the Presidential orders by enacting the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act in 1956, in 1976 and in the subsequent years**The Constitution has used various expressions like 'socially and educationally backward classes of citizens' in Article 15, 'backward class of citizens' in Article 16, 'weaker sections of the people' in Article 46 and again 'socially and educationally backward classes' in Article 340

COMPONENTS OF SPECIAL PROVISIONS to Certain class

jkm1. Reservation for SCs and STs and Special Representation for Anglo-Indians in Legislatures2. Claims of SCs and STs to Services and Posts3. Special Provision in Services and Educational Grants for Anglo-Indians4. National Commissions for SCs and STs5. Control of the Union over the Administration of Scheduled Areas and the Welfare of STs6. Appointment of a Commission to Investigate the Conditions of BCs

COMPONENTS OF SPECIAL PROVISIONS to Certain class- 1. Reservation for SCs and STs and Special Representation for Anglo- Indians in Legislatures:

jkmSeats are to be reserved for the SCs and STs in the Lok Sabha and the state legislative assemblies on the basis of population ratios.The President can nominate two members of the Anglo-Indian community to the Lok Sabha, if the community is not adequately represented. Similarly, the governor of a state can nominate one member of the Anglo-Indian community to the state legislative assembly, if the community is not adequately represented.Originally, these two provisions of reservation and special representation were to operate for ten years (i.e., up to 1960) only. But this duration has been extended continuously since then by ten years each timeNow, under the 95thAmendment Act of 2009, these two provisions of reservation and special representation are to last until 2020.The reasons for the extension of the above two provisions of reservation and special representation by the 95th Amendment Act of 2009 are as follows(i) Article 334 of the Constitution lays down that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo- Indian community by nomination in the House of the People and the Legislative Assemblies of the States shall cease to have effect on the expiration of the period of sixty years from the commencement of the Constitution.In other words, these provisions will cease to have effect on the 25th January, 2010, if not extended further.(ii) Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last sixty years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats and nomination of members have not ceased to exist.It is, therefore, proposed to continue the reservation for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indian community by nomination for a further period of ten years

The reason for this special representation to the Anglo-Indians is as follows

jkm"Anglo-Indians constitute a religious, social, as well as a linguistic minorityThese provisions were necessary, for, otherwise, being numerically an extremely small community, and being interspersed all over India, the Anglo-Indians could not hope to get any seat in any legislature through election".

COMPONENTS OF SPECIAL PROVISIONS to Certain class- Claims of SCs and STs to Services and Posts:

jkmThe claims of the SCs and STs are to be taken into consideration while making appointments to the public services of the Centre and the states, without sacrificing the efficiency of administration.However, the 82nd Amendment Act of 2000 provides for making of any provision in favour of the SCs and STs for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to the public services of the Centre and the states.

COMPONENTS OF SPECIAL PROVISIONS to Certain class - Special Provision in Services and Educational Grants for Anglo- Indians

jkmBefore independence, certain posts were reserved for the Anglo- Indians in the railway, customs, postal and telegraph services of the Union.Similarly, the Anglo-Indian educational institutions were given certain special grants by the Centre and the states.Both the benefits were allowed to continue under the Constitution on a progressive diminution basis and finally came to an end in 1960

COMPONENTS OF SPECIAL PROVISIONS to Certain class--National Commissions for SCs and STs

jkmThe President should set up a National Commission for the SCs to investigate all matters relating to the constitutional safeguards for the SCs and to report to him (Article 338).Similarly, the President should also set up a National Commission for the STs to investigate all matters relating to the Constitutional safeguards for the STs and to report to him (Article 338-A). The President should place all such reports before the Parliament, along with the action taken memorandum. Previously, the Constitution provided for a combined National Commission for SCs and STs. The 89thAmendment Act of 2003 bifurcated the combined commission into two separate bodiesThe National Commission for SCs is also required to discharge similar functions with regard to the OBCs and the Anglo-Indian Community as it does with respect to the SCs.In other words, the commission has to investigate all matters relating to the Constitutional and other legal safeguards for the OBCs and the Anglo- indian community and report to the President upon their working**(Even after the 89th Amendment Act of 2003, this provision of Article 338 reads as follows: "In this article, reference to the Scheduled Castes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340 by order specify and also to the Anglo- Indian community")

COMPONENTS OF SPECIAL PROVISIONS to Certain class- 6. Appointment of a Commission to Investigate the Conditions of BCs

jkmThe President may appoint a commission to investigate the conditions of socially and educationally backward classes and to recommend the steps to improve their condition.The report of the commission is to be placedbefore the Parliament, along with action taken memorandum.Under the above provision, the President has appointed two commissions so far. The first backward classes commission was appointed in 1953 under the chairmanship of Kaka Kalelkar.It submitted its report in 1955. But, no action was taken on it as the recommendations were considered to be too vague and impractical and also there was a sharp division among the members on the criterion of backwardness.The second Backward Classes Commission was appointed in 1979 with B.P. Mandal as chairman. It submitted its report in 1980Its recommendations were also lying unattended till 1990 when the V.P. Singh Government declared reservation of 27 percent government jobs for the OBCs.

COMPONENTS OF SPECIAL PROVISIONS to Certain class-- Control of the Union over the Administration of Scheduled Areas and the Welfare of STs

jkmThe President is required to appoint a commission to report on the administration of the scheduled areas and the welfare of the STs in the states.He can appoint such a commission at any time butcompulsorily after ten years of the commencement of the Constitution.Hence, a commission was appointed in the year 1960. It was headed by U. N. Dhebar and submitted its report in 1961.After four decades, the second commission was appointed in 2002 under the chairmanship of Dilip Singh Bhuria. It submitted its report in 2004.Further, the executive power of the Centre extends to the giving of directions to a state with respect to the drawing up and execution of schemes for the welfare of the STs in the state

jkmArticle No. // Subject-matter//330 Reservation of seats for scheduled castes and scheduled tribes in the House of the people331 Representation of the Anglo-Indian community in the House of the people332 Reservation of seats for scheduled castes and scheduled tribes in the legislative assemblies of the states333 Representation of the Anglo-Indian community in the legislative assemblies of the states334 Reservation of seats and special representation to cease after seventy years335 Claims of scheduled castes and scheduled tribes to services and posts336 Special provision for Anglo-Indian community in certain services337 Special provision with respect to educational grants for the benefit of Anglo-Indian community.338 National Commission for scheduled castes338A National Commission for scheduled tribes339 Control of the Union over the administration of scheduled areas and the welfare of scheduled tribes340 Appointment of a commission to investigate the conditions of backward classes341 Scheduled castes342 Scheduled tribes

MEANING AND TYPES of political party

jkmpolitical parties are voluntary associations or organised groups of individuals who share the same political views and who try to gain political power through constitutional means and who desire to work for promoting the national interest. There are four types of political parties in themodern democratic states, viz., (i) reactionary parties which cling to the old socio-economic and political institutions; (ii) conservative parties which believe in the status-quo;(iii) liberal parties which aim at reforming theexisting institutions; and (iv) radical parties which aim at establishing a new order by overthrowing the existing institutionsIn their classification of political parties on the basis of ideologies, the political scientists have placed the radical parties on the left and the liberal parties in the centre and reactionary and conservative parties on the right.In other words, they are described as the leftist parties, centrist parties and the rightist parties.In India, the CPI and CPM are the examples of leftist parties, the Congress of centrist parties and the BJP is an example of rightist parties

There are three kinds of party systems in the world, viz

jkm(i) one party system in which only one ruling party exists and no opposition is permitted,as for example, in the former communist countries like the USSR and other East European countries; (ii) two-party system in which two major partiesexists, as for example, in USA and Britain1; and (iii) multi-party system in which there are a number of political parties leading to the formation of coalition governments, as for example, in France, Switzerland and Italy.

The Indian party system has the following characteristic features

jkmMulti-Party SystemOne-Dominant Party SystemLack of Clear IdeologyPersonality CultBased on Traditional FactorsEmergence of Regional PartiesFactions and DefectionsLack of Effective Opposition

Character of Indian Party system- Multi-Party System

jkmThe continental size of the country, the diversified character of Indian society, the adoption of universal adult franchise, the peculiar type of political process, and other factors have given rise to a large number of political partiesIn fact, India has the largest number of political parties in the world.On the eve of sixteenth Lok Sabha general elections (2014), there were 6 national parties, 47 states parties and 1593 registered - unrecognised parties in the countryFurther, India has all categories of partiesâleft parties, centrist parties, right parties, communal parties, non-communal parties and so on.Consequently, the hung Parliaments, hung assemblies and coalition governments have become a common phenomena.

Character of Indian Party system- common phenomena.

jkmIn spite of the multiparty system, the political scene in India was dominated for a long period by the Congress.Hence, Rajni Kothari, an eminent political analyst, preferred to call the Indian party system as 'one party dominance system' or the 'Congress system'.The dominant position enjoyed by the Congress has been declining since 1967 with the rise of regional parties and other national parties like Janata (1977), Janata Dal (1989) and the BJP (1991) leading to the development of a competitive multi-party system.

Character of Indian Party system- Lack of Clear Ideology

jkmExcept the BJP and the two communist parties (CPI and CPM), all other parties do not have a clear-cut ideology.They (i.e., all other parties) are ideologically closer to each other. They have a close resemblance in their policies and programmes.Almost every party advocates democracy, secularism, socialism and Gandhism. More than this, every party, including the so-called ideological parties, is guided by only one considerationâpower captureThus, politics has become issue-based rather than the ideology and pragmatism has replaced the commitment to the principles.

Character of Indian Party system- Personality Cult

jkmQuite often, the parties are organised around an eminent leader who becomes more important than the party and its ideologyParties are known by their leaders rather than by their manifesto. It is a fact that the popularity of the Congress was mainly due to the leadership of Nehru, Indira Gandhi and Rajiv Gandhi.Similarly, the AIADMK in Tamil Nadu and TDP in Andhra Pradesh got identified with MG Ramachandran and NT Rama Rao respectively.Interestingly, several parties bear the name of their leader like Biju Janata Dal, Lok Dal (A), Congress (I) and so on. Hence, it is said that "there are political personalities rather than political parties in India

Character of Indian Party system -Based on Traditional Factors

jkmIn the western countries, the political parties are formed on the basis of socioeconomic and political programme.On the other hand, a large number of parties in India are formed on the basis of religion, caste, language, culture, race and so on.For example, Shiv Sena, Muslim League, Hindu Maha Sabha, Akali Dal, Muslim Majlis, Bahujan Samaj Party, Republican Party of India, Gorkha League and so on.These parties work for the promotion of communal and sectional interests and thereby undermine the general public interest.

Character of Indian Party system- Emergence of Regional Parties

jkmAnother significant feature of the Indian party system is the emergence of a large number of regional parties and their growing role.They have become the ruling parties in various states like BJD in Orissa, DMK or AIADMK in Tamil Nadu, Akali Dal in Punjab, AGP in Assam, National Conference in J&K, JD(U) in Bihar and so on. In the beginning, they were confined to the regional politics only.But, of late, they have come to play a significant role in the national politics due to coalition governments at the Centre.In the 1984 elections, the TDP emerged as the largest opposition party in the Lok Sabha.

Character of Indian Party system- Factions and Defections

jkmFactionalism, defections, splits, mergers, fragmentation, polarisation and so on have been an important aspect of the functioning of political parties in India.Lust for power and material considerations have made the politicians to leave their party and join another party or start a new party.The practice of defections gained greater currency after the fourth general elections (1967).This phenomenon caused political instability both at the Centre and in the states and led to disintegration of the parties.Thus, there are two Janata Dals, two TDPs, two DMKs, two Communist Parties, two Congress, three Akali Dals, three Muslim Leagues and so on

Character of Indian Party system- Lack of Effective Opposition

jkmAn effective Opposition is very essential for the successful operation of the parliamentary democracy prevalent in India.It checks the autocratic tendencies of the ruling party and provides an alternative government. However, in the last 50 years, an effective, strong, organised and viable national Opposition could never emerge except in flashes.The Opposition parties have no unity and very often adopt mutually conflicting positions with respect to the ruling party.They have failed to play a constructive role in the functioning of the body politic and in the process of nation building

RECOGNITION OF NATIONAL AND STATE PARTIES

jkmThe Election Commission registers political parties for the purpose of elections and grants them recognition as national or state parties on the basis of their poll performance.The other parties are simply declared as registered unrecognised parties.The recognition granted by the Commission to the parties determines their right to certain privileges like allocation of the party symbols, provision of time for political broadcasts on the state-owned television and radio stations and access to electoral rolls.Further, the recognized parties need only one proposer for filing the nomination. Also, these parties are allowed to have forty "star campaigners" during the time of elections and the registered-unrecognized parties are allowed to have twenty "star campaigners".The travel expenses of these star campaigners are not included in the election expenditure of the candidates of their parties.Every national party is allotted a symbol exclusively reserved for its use throughout the country.Similarly, every state party is allotted a symbol exclusively reserved for its use in the state or states in which it is so recognised.A registered-unrecognised party, on the other hand, can select a symbol from a list of free symbols.In other words, the Commission specifies certain symbols as 'reserved symbols' which are meant for the candidates set up by the recognised parties and others as 'free symbols' which are meant for other candidates.

Conditions for Recognition as a National Party

jkmAt present (2016), a party is recognised as a national party if any of the following conditions is fulfilled1. If it secures six per cent of valid votes polled in any four or more states at a general election to the Lok Sabha or to the legislative assembly; and, in addition, it wins four seats in the Lok Sabha from any state or states; or2. If it wins two per cent of seats in the Lok Sabha at a general election; and these candidates are elected from three states; or3. If it is recognised as a state party in four states.*Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. The latest amendment to this order was made in 2011.

Conditions for Recognition as a State Party

jkmAt present (2016), a party is recognised as a state party in a state if any of the following conditions is fulfilled1. If it secures six per cent of the valid votes polled in the state at a general election to the legislative assembly of the state concerned; and, in addition, it wins 2 seats in the assembly of the state concerned; or2. If it secures six per cent of the valid votes polled in the state at a general election to the Lok Sabha from the state concerned; and, in addition, it wins 1 seat in the Lok Sabha from the state concerned; or3. If it wins three per cent of seats in the legislative assembly at a general election to the legislative assembly of the state concerned or 3 seats in the assembly, whichever is more; or4. If it wins 1 seat in the Lok Sabha for every 25 seats or any fraction thereof allotted to the state at a general election to the Lok Sabha from the state concerned; or5. If it secures eight per cent of the total valid votes polled in the state at a General Election to the Lok Sabha from the state or to the legislative assembly of the state. This condition was added in 2011.The number of recognised parties keeps on changing on the basis of their performance in the general elections.On the eve of the sixteenth Lok Sabha general elections(2014), there were 6 national parties, 47 state parties and 1593 registered-unrecognised parties in the country.The national parties and state parties are also known as all-India parties and regional partiesrespectively.

Table 67.2 Recognised National Parties and their Symbols (2016)

jkm'Sl.No. Name of the Party (Abbreviation) Symbol Reserved1. Bahujan Samaj Party (BSP) Elephant*2. Bharatiya Janata Party (BJP) Lotus3. Communist Party of India (CPI) Ears of Corn andSickle4. Communist Party of India (Marxist)(CPM) Hammer, Sickle andStar5. Indian National Congress (INC) Hand6. Nationalist Congress Party (NCP) Clock7. All India Trinamool Congress (AITC) Flowers and Grass* - In all States / U.T.s except in Assam, where its candidates will have to choose a symbol out of the list of free symbols specified by the ElectionCommission.

Table 67.3 Recognised State Parties and their Symbols (2016

jkmSl. No.// State -Union Territory// Name of the State Party// (Abbreviation) Symbol Reserved//1. Andhra Pradesh 1. Telugu Desam (TDP) Bicycle2. Yuvajana Sramika RythuCongress Party (YSRCP) Ceiling Fan2. ArunachalPradeshPeople's Party of Arunachal(PPA) Maize3. Assam 1. All India United DemocraticFront (AUDF) Lock & Key2. Asom Gana Parishad (AGP) Elephant3. Bodoland People's Front(BPF) Nangol4. Bihar 1. Janata Dal (United) (JD(U)) Arrow2. Lok Jan Shakti Party (LJSP) Bungalow3. Rashtriya Janata Dal (RJD) Hurricane Lamp4. Rashtriya Lok Samta Party(RLSP) Ceiling Fan5. Goa Maharashtrawadi Gomantak(MAG) Lion6. Haryana 1. Haryana Janhit Congress(BL) (HJC(BL)) Tractor2. Indian National Lok Dal(INLD) Spectacles7. Jammu &Kashmir1. Jammu & Kashmir NationalConference (JKNC) Plough2. Jammu & Kashmir NationalPanthers Party (JKNPP)Bicycle3. Jammu and Kashmir People'sDemocratic Party (JKPDP) Ink Pot & Pen8. Jharkhand 1. All Jharkhand StudentsUnion (AJSU) Banana2. Jharkhand Mukti Morcha(JMM) Bow & Arrow3. Jharkhand Vikas Morcha(Prajatantrik) (JVM(P)) Comb4. Rashtriya Janata Dal (RJD) Hurricane Lamp9. Karnataka \Janata Dal (Secular) (JD(S))A Lady Farmercarrying Paddy onher head10. Kerala 1. Janata Dal (Secular) (JD(S))A Lady Farmercarrying Paddy onher head2. Kerala Congress (M)(KEC(M)) Two Leaves3. Indian Union Muslim League(IUML) Ladder4. Revolutionary Socialist Party(RSP) Spade & Stoker11. Maharashtra 1. Maharashtra Navnirman Sena(MNS) Railway Engine2. Shiv Sena (SHS) Bow and Arrow12. Manipur 1. Naga People's Front (NPF) Cock2. People's Democratic Alliance(PDA) Crown13. Meghalaya 1. United Democratic Party Drum(UDP)2. Hill State People'sDemocratic Party (HSPDP) Lion3. National People's Party(NPP) Book14. Mizoram 1. Mizo National Front (MNF) Star2. Mizoram People'sConference (MPC) Electric Bulb3. Zoram Nationalist Party(ZNP) Sun (without rays)15. Nagaland Naga People's Front (NPF) Cock16. N.C.T. of Delhi Aam Aadmi Party (AAP) Broom17. Odisha Biju Janata Dal (BJD) Conch18. Puducherry1. All India Anna DravidaMunnetra Kazhagam(ADMK) or (AIADMK)Two Leaves2. All India N.R. Congress(AINRC) Jug3. Dravida Munnetra Kazhagam(DMK) Rising Sun4. Pattali Makkal Katchi (PMK) Mango19. Punjab 1. Shiromani Akali Dal (SAD) Scales2. Aam Aadmi Party (AAP) Broom20. Sikkim 1. Sikkim Democratic Front(SDF) Umbrella2. Sikkim Krantikari Morcha(SKM) Table Lampwww.freeupscmaterials.org21. Tamil Nadu 1. All India Anna DravidaMunnetra Kazhagam(ADMK) or (AIADMK)Two leaves2. Dravida Munnetra Kazhagam(DMK) Rising Sun3. Desiya Murpokku DravidaKazhagam (DMDK) Nagara22. Telangana 1. All India Majlis-E-IttehadulMuslimeen (AIMIM) Kite2. Telangana Rashtra Samithi(TRS) Car3. Telugu Desam (TDP) Bicycle4. Yuvajana Sramika RythuCongress Party (YSRCP) Ceiling Fan23. Uttar Pradesh 1. Rashtriya Lok Dal (RLD) Hand Pump2. Samajwadi Party (SP) Bicycle24. West Bengal 1. All India Forward Bloc(AIFB) Lion2. Revolutionary Socialist Party(RSP) Spade & Stoker

Table 67.4 Formation of Political Parties (Chronological Order

jkmmSl.No. Name of the Party (Abbreviation) Year ofFormation1. Indian National Congress (INC) 18852. Shiromani Akali Dal (SAD) 19203. Communist Party of India (CPI) 1925Jammu & Kashmir National Conferencewww.freeupscmaterials.org4. (JKNC) 19395. All India Forward Bloc (AIFB) 19396. Revolutionary Socialist Party (RSP) 19407. Indian Union Muslim League (IUML) 19488. Dravida Munnetra Kazhagam (DMK) 19499. Mizo National Front (MNF) 196110. Maharashtrawadi Gomantak Party (MAG) 196311. Communist Party of India (Marxist) (CPM) 196412. Shiv Sena (SHS) 196613. Mizoram People's Conference (MPC) 197214. Jharkhand Mukti Morcha (JMM) 197215. All India Anna Dravida Munnetra Kazhagam(AIADMK) 197216. Kerala Congress (M) (KEC (M)) 197917. Bharatiya Janata Party (BJP) 198018. Telugu Desam Party (TDP) 198219. Bahujan Samaj Party (BSP) 198420. Asom Gana Parishad (AGP) 198521. People's Party of Arunachal (PPA) 198722. Samajwadi Party (SP) 199223. Sikkim Democratic Front (SDF) 199324. Rashtriya Lok Dal (RLD) 199625. Zoram Nationalist Party (ZNP) 199726. Rashtriya Janata Dal (RJD) 199727. Biju Janata Dal (BJD) 199728. All India Trinamool Congress (AITC) 199829. Indian National Lok Dal (INLD) 199830. Jammu and Kashmir People's DemocraticParty (PDP) 199931. Janata Dal (United) (JD (U)) 199932. Janata Dal (Secular) (JD(S)) 199933. Nationalist Congress Party (NCP) 199934. Lok Jan Shakti Party (LJSP) 200035. Telangana Rashtra Samithi (TRS) 200136. Naga People's Front (NPF) 200237. All India United Democratic Front (AUDF) 200438. Desiya Murpokku Dravidar Kazhagam(DMDK) 200539. Maharashtra Navnirman Sena (MNS) 200640. Jharkhand Vikas Morcha (Prajatantrik) (JVM -P) 200641. Haryana Janhit Congress (BL) (HJC - BL) 200742. Yuvajana Sramika Rythu Congress Party(YSRCP) 201143. All India N.R. Congress (AINRC) 201144. Aam Aadmi Party (AAP) 201245. National People's Party (NPP) 201346. Rashtriya Lok Samta Party (RLSP) 201347. Sikkim Krantikari Morcha (SKM) 2013

ELECTORAL SYSTEM in india

jkmarticles 324 to 329 in Part XV of the Constitution make the following provisions with regard to the electoral system in our country:1. The Constitution (Article 324) provides for an independent Election Commission in order to ensure free and fair elections in the country.The power of supertendence, direction and conduct of elections to the Parliament, the state legislatures, the office of the President and the office of the Vice-President is vested in the CommissionAt present, the commission consists of a chief election commissioner and two election commissioners2. There is to be only one general electoral roll for every territorial constituency for election to the Parliament and the state legislatures. Thus, the Constitution has abolished the system of communal representation and separate electorates which led to the partition of the country.3. No person is to be ineligible for inclusion in the electoral roll on grounds only of religion, race, caste, sex or any of them.Further, no person can claim to be included in any special electoral roll for any constituency on grounds only of religion, race, caste or sex or any of them.Thus, the Constitution has accorded equality to every citizen in the matter of electoral franchise.4. The elections to the Lok Sabha and the state assemblies are to be on the basis of adult franchise.Thus, every person who is a citizen of India and who is 18 years of age, is entitled to vote at the election provided he is not disqualified under the provisions of the Constitution or any law made by the appropriate legislature(Parliament or state legislature) on the ground of non-residence, unsound mind, crime or corrupt or illegal practice(61st Amendment Act of 1988 has reduced the voting age from 21 to 18 years. This came into force on March 28, 1989.)5. Parliament may make provision with respect to all matters relating to elections to the Parliament and the state legislatures including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing their due constitution.6. The state legislatures can also make provision with respect to all matters relating to elections to the state legislatures including the preparation of electoral rolls and all other matters necessary for securing their due constitution.But, they can make provision for only those matters which are not covered by the Parliament. In other words, they can only supplement the parliamentary law and cannot override it.7. The Constitution declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court.Consequently, the orders issued by the Delimitation Commission become final and cannot be challenged in any court.8. The Constitution lays down that no election to the Parliament or the state legislature is to be questioned except by an election petition presented to such authority and in such manner as provided by the appropriate legislature.Since 1966, the election petitions are triable by high courts alone. But, the appellate jurisdiction lies with the Supreme Court alone.Article 323 B empowers the appropriate legislature (Parliament or state legislature) to establish a tribunal for the adjudication of election disputes.It also provides for the exclusion of the jurisdiction of all courts (except the special leave appeal jurisdiction of the Supreme Court) in such disputes. So far, no such tribunal has been established.It must be noted here that in Chandra Kumar case (1997), the Supreme Court declared this provision as unconstitutionalConsequently, if at any time an election tribunal is established, an appeal from its decision lies to the high court.

ELECTION MACHINERY

jkmElection Commission of India (ECI)Chief Electoral Officer (CEO)District Election Officer (DEO)Returning Officer (RO)Electoral Registration Officer (ERO)Presiding OfficerObservers1. General Observers:2. Expenditure Observers3. Police Observers4. Awareness Observers5. Micro Observers6. Assistant Expenditure Observers

Election Commission of India (ECI)

jkmUnder Article 324 of the Constitution of India, the Election Commission of India is vested with the power of superintendence, direction and control of conducting the elections to the Lok Sabha and State Legislative Assemblies.The Election Commission of India is a three-member body, with one Chief Election Commissioner and two Election Commissioners. The President of India appoints the Chief Election Commissioner and the Election Commissioners

Chief Electoral Officer (CEO)

jkmThe Chief Electoral Officer of a state/Union Territory is authorised to supervise the election work in the state/Union Territory subject to the overall superintendence, direction and control of the Election CommissionThe Election Commission of India nominates or designates an Officer of the Government of the state / Union Territory as the Chief Electoral Officer in consultation with that State Government / Union Territory Administration.

District Election Officer (DEO

jkmSubject to the superintendence, direction and control of the Chief Electoral Officer, the District Election Officer supervises the election work of a district.The Election Commission of India nominates or designates an officer of the state Government as the District Election Officer in consultation with the state government.

Returning Officer (RO)

jkmThe Returning Officer of a Parliamentary or assembly constituency is responsible for the conduct of elections in the Parliamentary or assembly constituency concerned. The Election Commission of India nominates or designates an officer of the Government or a local authority as the Returning Officer for each of the assembly and parliamentary constituencies in consultation with the State Government / Union Territory Administration.In addition, the Election Commission of India also appoints one or more Assistant Returning Officers for each of the assembly and Parliamentary constituencies to assist the Returning Officer in the performance of his functions in connection with the conduct of elections.

Electoral Registration Officer (ERO)

jkmThe Electoral Registration Officer is responsible for the preparation of electoral rolls for a Parliamentary / assembly constituency.The Election Commission of India, in consultation with the state / UT government, appoints an officer of the government or the local authorities as the Electoral Registration OfficerIn addition, the Election Commission of India also appoints one or more Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the performance of his functions in the matter of preparation / revision of electoral rolls.

Presiding Officer

jkmThe Presiding Officer with the assistance of pollingofficers conducts the poll at a polling station.The District Election Officer appoints the Presiding Officers and the Polling Officers.In the case of Union Territories, such appointments are made by the Returning Officers

Observers- election

jkmThe Election Commission of India nominates officers of Government as Observers for Parliamentary and Assembly Constituencies.These observers are of various kinds:1. General Observers: The Commission deploys General Observers in adequate number to ensure smooth conduct of elections.These Observers are asked to keep a close watch on every stage of the electoral process to ensure free and fair elections.2. Expenditure Observers: Expenditure Observers from Central Government Services are appointed to keep a close watch on election expenditure of the candidates and to ensure that no inducement is offered to the electors during the entire election process for exercise of their franchise.3. Police Observers: The Commission deploys IPS officers as Police Observers at State and District levels, depending upon the sensitivity of the Constituency, wherever required.They monitors all activities relating to force deployment, law and order situation and co-ordinate between the Civil and Police administration to ensure free and fair election.4. Awareness Observers: For the first time in the 16th Lok Sabha Elections (2014), the Commission deployed Central Awareness Observers to oversee the efficient and effective management of the electoral process at the field level, mainly in respect of voter awareness and facilitation. Awareness Observers are deployed to observe the interventions undertaken by the election machinery to bridge the gap in people's participation in the electoral process particularly in regard to voters' turnout.They also monitors the various media related aspects of RP Act 1951 and observe the mechanism directed by the Commission at District levels on checking the problem of 'Paid News'.5. Micro Observers: In addition to General Observers, the Commission also deploys Micro Observers to observe the poll proceedings on the poll day in selected critical polling stations.They are chosen from Central Government / Central PSUs officials.Micro-Observers verify the BMF at the Polling stations and certify the same before start of polling.They observe the proceedings at the Polling Stations on the poll day right from the mock poll to the completion of poll and the process of sealing of EVMs and other documents to ensure that all instructions of the Commission are complied with by the Polling Parties and the Polling Agents.They also report to the General Observers directly about vitiation of the poll proceedings, if any, in their allotted Polling Stations.6. Assistant Expenditure Observers: In addition to Expenditure Observers, Assistant Expenditure Observers are appointed for each Assembly segment to ensure that all major election campaign events are video graphed and complaints of electoral malpractices are promptly attended

ELECTION PROCESS

Time of ElectionsSchedule of ElectionsOath or AffirmationElection CampaignPolling DaysBallot Papers and SymbolsVoting ProcedureElectronic Voting MachineSupervising ElectionsCounting of VotesMedia CoverageElection Petitions

Time of Elections

jkmElections for the Lok Sabha and every state Legislative Assembly have to take place every five years, unless called earlier.The President can dissolve Lok Sabha and call a General Election before five years is up, if the Government can no longer command the confidence of the Lok Sabha, and if there is no alternative government available to take over

Schedule of Elections

jkmWhen the five-year limit is up, or the legislature has been dissolved and new elections have been called, the Election Commission puts into effect the machinery for holding an election.The Constitution states that there can be no longer than six months between the last session of the dissolved Lok Sabha and the recalling of the new House, so elections have to be concluded before then.The Commission normally announces the schedule of elections in a major press conference a few weeks before the formal process is set in motion. The Model Code of Conduct for guidance of candidates and political parties comes immediately into effect after such announcementThe formal process for the elections starts with the Notification or Notifications calling upon the electorate to elect Members of a House.As soon as Notifications are issued, candidates can start filing their nominations in the constituencies from where they wish to contest.These are scrutinised by the Returning Officer of the constituency concerned after the last date for the same is over after about a weekThe validly nominated candidates can withdraw from the contest within two days from the date of scrutiny.Contesting candidates get at least two weeks for political campaign before the actual date of poll.On account of the vast magnitude of operations and the massive size of the electorate, polling is held on a number of days for the national electionsA separate date for counting is fixed and the results declared for each constituency by the concerned Returning Officer.The Commission compiles the complete list of members elected and issues an appropriate Notification for the due constitution of the House.With this, the process of elections is complete and the President, in case of the Lok Sabha, and the Governors of the concerned states, in case of State Assemblies, can then convene their respective Houses to hold their sessions

Oath or Affirmation for candidate for election

jkmIt is necessary for a candidate to make and subscribe an oath or affirmation before an officer authorised by the Election CommissionFor any particular election, the authorised persons are, principally, the Returning Officer and the Assistant Returning Officer for the constituency.In the case of a candidate confined in a prison or under preventive detention, the superintendent of the prison or commandant of the detention camp in which he is so confined or is under such detention is authorised to administer the oath.And in the case of a candidate confined to bed in a hospital or elsewhere owing to illness or any other cause, the medical superintendent in charge of the hospital or the medical practitioner attending on him is similarly authorisedIf a candidate is outside India, the Indian Ambassador or High Commissioner or diplomatic consular authorised by him can also administer oath/affirmation.The candidate, in person, is required to make the oath or affirmation immediately after presenting his nomination papers and in any case not later than the day previous to the date of the scrutiny

Election Campaign

jkmThe campaign is the period when the political parties put forward their candidates and arguments with which they hope to persuade people to vote for their candidates and parties. Candidates are given a week to put forward their nominations. These are scrutinised by the Returning Officers and if not found to be in order can be rejected after a summary hearing.Validly nominated candidates can withdraw within two days after nominations have been scrutinised. The official campaign lasts at least two weeks from the drawing up of the list of nominated candidates, and officially ends 48 hours before polling closes.During the election campaign, the political parties and contesting candidates are expected to abide by a Model Code of Conduct evolved by the Election Commission on the basis of a consensus among political partiesThe model code lays down broad guidelines as to how the political parties and candidates should conduct themselves during the election campaign.It is intended to maintain the election campaign on healthy lines, avoid clashes and conflicts between political parties or their supporters and to ensure peace and order during the campaign period and thereafter, until the results are declaredThe model code* also prescribes guidelines for the ruling party either at the Centre or in the state to ensure that a level field is maintained and that no cause is given for any complaint that the ruling party has used its official position for the purposes of its election campaign.Once an election has been called, parties issue manifestos detailing the programmes they wish to implement if elected to government, the strengthsof their leaders, and the failures of opposing parties and their leadersSlogans are used to popularise and identify parties and issues, and pamphlets and posters distributed to the electorateRallies and meetings where the candidates try to persuade, cajole and enthuse supporters, and denigrate opponents, are held throughout the constituencies.Personal appeals and promises of reform are made, with candidates travelling the length and breadth of the constituency to try to influence as many potential supporters as possible.The Model Code of Conduct was agreed to by all the political parties in 1968. The Election Commission first effectively put to use the Model Code of Conduct in the year 1991 to ensure fair elections and a level playing field.

Polling Days

jkmPolling is normally held on a number of different days in different constituencies, to enable the security forces and those monitoring the election to keep law and order and ensure that voting during the election is fair.

Ballot Papers and Symbols

jkmAfter nomination of candidates is complete, a list of competing candidates is prepared by the Returning Officer, and ballot papers are printed. Ballot papers are printed with the names of the candidates (in languages set by the Election Commission) and the symbols allotted to each of the candidates.Candidates of recognised parties are allotted their party symbols.

Voting Procedure

jkmVoting is by secret ballot. Polling stations are usually set up in public institutions, such as schools and community halls.To enable as many electors as possible to vote, the officials of the Election Commission try to ensure that there is a polling station within two kilometres of every voter, and that no polling stations should have to deal with more than 1500 voters.Each polling station is open for at least eight hours on the day of the election.On entering the polling station, the elector is checked against the electoral roll*, and allocated a ballot paper.The elector votes by marking the ballot paper with a rubber stamp on or near the symbol of the candidate of his choice, inside a screened compartment in the polling station.The voter then folds the ballot paper and inserts it in a common ballot box which is kept in full view of the Presiding Officer and polling agents of the candidates.This marking system eliminates the possibility of ballot papers being surreptitiously taken out of the polling station or not being put in the ballot box.Since 1998, the Commission has increasingly used Electronic Voting Machines (EMVs) instead of ballot boxesIn 2003, all state elections and by elections were held using EVMs. Encouraged by this, the Commission took a historic decision to use only EVMs for the Lok Sabha election in 2004.More than 1 million EVMs were used in this election.*The electoral roll is a list of all people in the constituency who are registered to vote in Indian elections. Only those people with their names on the electoral roll are allowed to vote.The electoral roll is normally revised every year to add the names of those who are to turn 18 on the 1st January of that year or have moved into a constituency and to remove the names of those who have died or moved out of a constituency.

Electronic Voting Machine

jkmAn Electronic Voting Machine (EVM) is a simple electronic device used to record votes in place of ballot papers and boxes which were used earlier in conventional voting system.The advantages of the EVM over the traditional ballot paper / ballot box system are givenhere:(i) It eliminates the possibility of invalid and doubtful votes which, in many cases, are the root causes of controversies and election petitions.(ii) It makes the process of counting of votes much faster than the conventional system.(iii) It reduces to a great extent the quantity of paper used thus saving a large number of trees making the process eco-friendly.(iv) It reduces cost of printing (almost nil) as only one sheet of ballot paper is required for each Polling Station

Supervising Elections

jkmThe Election Commission appoints a large numberof Observers to ensure that the campaign is conducted fairly, and that people are free to vote as they choose.Election expenditure Observers keeps a check on the amount that each candidate and party spends on the election

Counting of Votes

jkmAfter the polling has finished, the votes are counted under the supervision of Returning Officers and Observers appointed by the Election Commission.After the counting of votes is over, the Returning Officer declares the name of the candidate, to whom the largest number of votes have been given, as the winner and as having been returned by the constituency to the concerned House.Elections to the Lok Sabha are carried out using a first-past-the-post electoral system.The country is split up into separate geographical areas, known as constituencies, and the electors can cast one vote each for a candidate, the winner being the candidate who gets the maximum votes.Elections to the State Assemblies are carried out in the same manner as for the Lok Sabha election, with the states and union territories divided into single-member constituencies, and the first-past the-post electoral system used.

Media Coverage during election

jkmIn order to bring as much transparency as possible to the electoral process, the media are encouraged and provided with facilities to cover the election, although subject to maintaining the secrecy of the vote.Media persons are given special passes to enter polling stations to cover the poll process and the counting halls during the actual counting of votes

Election Petitions

jkmAny elector or candidate can file an election petition if he or she thinks there has been malpractice during the election.An election petition is not an ordinary civil suit, but treated as a contest in which the whole constituency is involved.Election petitions are tried by the High Court of the state involved, and if upheld can even lead to the restaging of the election in that constituency

Table 68.6 Largest and Smallest (Area-wise) Lok Sabha Constituencies in Fourteenth General Elections (2004)

jkmSl. No. //Constituency // State UT Area (sq. km) //I. LARGEST CONSTITUENCIES1. Ladakh J ammu &Kashmir 173266.372. Barmer Rajasthan 71601.243. Kutch Gujarat 41644.554. Arunachal West ArunachalPradesh 40572.295. Arunachal East ArunachalPradesh 39749.64II. SMALLEST CONSTITUENCIES1. Chandni Chowk NCT of Delhi 10.592. Kolkata North West West Bengal 13.233. Mumbai South Maharashtra 13.734. Mumbai South Central Maharashtra 18.315. Delhi Sadar NCT of Delhi 28.09

Table 68.7 Largest and Smallest (Electors-wise) Lok Sabha Constituencies in Sixteenth General Elections (2014)

jkmSl. No. //State UT // Constituency // Total No. ofElectors//I. LARGEST CONSTITUENCIES1. Telangana Malkajgiri 2953,9152. Uttar Pradesh Ghaziabad 22,63,9613. Karnataka Bangalore North 22,29,0634. Uttar Pradesh Unnao 21,10,3885. NCT of Delhi North West Delhi 20,93,922II. SMALLEST CONSTITUENCIES1. Lakshadweep Lakshadweep 47,9722. Daman & Diu Daman & Diu 1,02,2603. Jammu & Kashmir Ladakh 1,59,9494. Dadra & Nagar Haveli Dadra & NagarHaveli 1,88,7835. Andaman & Nicobar Islands Andaman & NicobarIslands 2,57,856

jkmArticle No. // Subject-matter //\324. Superintendence, direction and control of elections to be vested in an Election Commission325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex326. Elections to the House of the People and to the Legislative Assemblies of states to be on the basis of adult suffrage327. Power of Parliament to make provision with respect to elections to Legislatures328. Power of Legislature of a state to make provision with respect to elections to such Legislature329. Bar to interference by courts in electoral matters329A. Special provision as to elections to Parliament in the case of Prime Minister and Speaker (Repealed)

Constitution Of India (Part 9) Flashcards ionicons-v5-c

Constitution Of India (Part 9) Flashcards