(IGP) IAS Pre: GS - Gist of Indian Year Book - The Polity (Part -1)

The Republic of India is governed in terms of the Constitution, which was adopted by Constituent Assembly on 26 November 1949 and came-into force on 26 January 1950.

• The President of India is constitutional head of executive of the Union.

• Article 74(1) of the Constitution provides that there shall —a Council of Minister with the Prime Minister as head to aid and advise President who shall in exercise of his functions act in accordance with such advice.

• Real executive power thus vests in Council of Ministers with Prime Minister as head.
• Council of Ministers is collectively responsible to the House of the People (Lok Sabha).
• Similarly, in states, Governor is head of executive, but it is the Council of Ministers with Chief Minister as head in whom real executive power vests.
• Council of Ministers of a state is collectively responsible to the Legislative Assembly.
• The Constitution distributes legislative power between Parliament and state-legislatures and provides for vesting of residual powers in Parliament.

Citizenship

• The Constitution of India provides for a single citizenship for the whole of India.
• Acquisition of Citizenship: The Citizenship Act, 1955 prescribes five ways of acquiring citizenship.

1. By Birth: If he is born in India on or after 26 January, 1950 but before 30 June, 1987; or if he is born in India on or after 1 July 1987 but at the time of his birth either of his parents was a citizen of India.

2. By Descent: A person born outside India on or after 26 January, 1950, is a citizen of India by descent if at the time of his birth either of his parents was an Indian Citizen. But before person born outside India was entitled to Indian Citizenship only if his father (and not his mother) was an Indian Citizen.

3. By Registration
4. By Naturalisation: A foreigner can become an Indian citizen by naturalisation.
5. By Incorporation of Territory

Loss of Citizenship

• By Renunciation: An Indian citizens who is also a citizen or national of another country, can renounce his Indian. Citizenship.
• By Termination: When an Indian Citizen voluntarily acquires the citizenship of another country, his Indian citizenship automatically terminates.
• By Deprivation: It is a compulsory termination of Indian citizenship by the Central Government.

FUNDAMENTAL RIGHTS

• These are guaranteed in the Constitution in the form of six broad categories of Fundamental Right which are justiciable.
• Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.

Fundamental Rights

Fundamental Duties

• By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.
• Article 51 ‘A’ contained in Part IV A of the Constitution deals with Fundamental Duties.
• According toArticle.51A, it shall be the duty of every citizen of India.

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
(k) to provide opportunities for education to his child or ward between the age of six and fourteen years (This duty was added by the 86th Constitutional Amendment Act 2002)

Directive Principles of State Policy

• The Constitution lays down certain Directive Principles of State Policy which though not justiciable, are ‘fundamental in governance of the country’ and it is the duty of the State to apply these principles in making laws.

Gandhian Principles

• Article 40: State shall organize village panchayat as unit of self-government.
• Article 43: State shall try to promote cottage industries.
• Article 46: State shall promote with special care the educational and economic interests at the weaker sections of the peoples: SC and ST.
• Article 47 State shall try to secure the improvement of public -health and the prohibition of intoxicating drinks and drugs.
• Article 48: State shall preserve and improve the breeds and prohibit the slaughter of cows, calves and other cows and drought cattle.

Directives Inspired by Western Liberal Ideas

• Article 44 : to secure a uniform civil code throughout the territory of India.
• Article 45: Free compulsory and primary education for the children upto 14 years.
• Article 49 : to-protect and maintain places of - historic or a rustic interests.
• Article 50 : to work towards separating the judiciary from the executive.
• Article 51: to. promote international peace and amity,maintain honourable relations between nations, foster respect for international law and treaty obligation.

Directives Inspired by Socialistic Ideas

• Article 38: To promote the welfare of the people and to secure a just social order.

• Article 39: (1) To secure adequate livelihood for all citizens; (2) distribution of ownership and control of material resources of the community to serve common good; (3) an economic system which does not lead to concentration of wealth; (4) equal pay for equal work for both men and women; (5) health and strength of worker; (6) opportunity and facilities for children to develop in a healthy manner and be protected fromexploitation.

• Article 39A: Equal Justice and free legal aid.
• Article 41: To make effective provision for securing the right to work, right to education, right to public assistance in case of unemployment, old age sickness and disability
• Article 42: Asks for provision for just and human condition of work, and for maternity relief.
• Article 43: Living wage, etc., for workers.
• Article 43A: Participation of workers in management of industries.
• Article 45: Free and compulsory education for children upto 14 years.

Ideals of Social Security

• Right to work, to education and public assistance in certain cases (article 41). Recently the Supreme Court declared, in Mohini Jam’s Case that the right to education be equated with a fundamental right and it should be read with Article 22.This is because the right to life means a dignified life, which has nomeaning without education.

• Free and compulsory education for children upto 14 years. (Article 45)
• Promotion of educational and economic interests of the weaker sections. (Article 46)
• Raising the standard of living and improvement of health. (Article 47)
• Equal justice and free legal aid. (Article 39 A).
• Just and human conditions of work. (Article 42)

The Union Executive

• The Union executive consists of the President, the Vice-President, Attorney General and the Council of Ministers with the Prime Minister as the -head to aid and advise the President.

President

• The President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation by means of single transferable vote. The President must be a citizen of India, not less than 35 years of age and qualified for election as member of the Lok Sabha.

• His term of office is five years and he is eligible for re-election.
• His removal from office is to be in accordance with procedure prescribed in Article 61 of the Constitution.
• He may, by writing under his hand addressed to the Vice-President, resign his office.
• Executive power of the Union is vested in the President and is-exercised by him either.

Articles Related to President

Vice-President

• The Vice-President is-e1ected by members of an electoral college consisting of members of both House of Parliament in -accordance with the system of-proportional representation by means of single transferable vote.

• He must be a citizen of India, not Less than 35 year of age and eligible for election as a member of the Rajya Sabha.
• His term of office is five years and he is eligible re-e1ection.
• His removal from. office is to be in accordance with procedure prescribed in Article 67 b.

• The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the latter is unable to discharge his functions due to absence, illness or any other cause or till the election of a new President (to be held within six months when a vacancy is caused by death, resignation removal or otherwise of President).

Council of Ministers

• There is a Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions.
• The Prime Minister is appointed by the President who also appoints otherministers on the advice of Prime Minister.
• The Council is collectively responsible to the Lok Sabha.

• It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers relating to administration of affairs of the Union and proposals for legislation and information relating to them.

• The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State (independent charge), Ministers of State and Deputy Ministers.

Legislature

• Legislature of the Union which is called Parliament , consists of President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha).
• Each’ House has to meet within six months of its previous sitting.

Rajya Sabha

• The Constitution provides that the Rajya Sabha shall consist of-I2memberstofr,naminated by the President fromamongst person shaving special knowledge or practical experience in respect of such matters as literature, science, art and social service; and not more than 238 representatives of the States and of the Union Territories.

• Elections to the Rajya Sabha are indirect; members representing States are elected by elected members of Legislative assemblies of the States, in accordance with the system of proportional representation by means of the single transferable vote, and those representing Union Territories are chosen in such manner as Parliament may by law prescribe.

• The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year. Rajya Sabha, at present has 244 seats.

• Of these 233 members represent the States and the Union Territories and 11 members are nominated by the President and one seat under nomination category is vacant.

Comparison between Council of Ministers and Cabinet

Lok Sabha

• The Lok Sabha is composed of representatives of people chosen by direct election on the basis of adult suffrage.
• The maximum strength of the House envisaged by the Constitution is now 552 (530 members to represent the States., 20members to represent the Union Territories and not more than twomembers of the Anglo-Indian community to be nominated by the President, if, in his opinion, that community is not adequately represented in the House).
• The Lok Sabha at present consists of 545 members.
• Of these, 530 members are directly elected from the States and 13 from Union Territories while two are nominated by the President to represent the Anglo-Indian community.
• Following the Constitution 84th Amendment Act, 2001 the total number allocated to various States in the Lok Sabha on the basis of the 1971 census shall remain unaltered to be taken after the year 2026.
• The term of the Lok Sabha, unless dissolved earlier is five years from the date appointed for its first meeting.
• However, while a Proclamation of Emergency is in operation, this periodmay be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case, beyond a period ofsix months after Proclamation has ceased to operate.
• Fifteen Lok Sabhas have been constituted so far.

Comparison of Position of Rajya Sabha with respect to Lok Sabha

Rajya Sabha has equal status with Lok Sabha in following matters:

1. Introduction and passage of’ ordinary bills.
2. Introduction and passage of Constitutional amendment
3. Introduction and passage of financial bills involving expenditure fromthe Consolidated Fund of India-
4. Election and impeachment of the president.
5. Election and removal of the vice-president.
6. Making recommendation to the President for the removal of Chief Justice and Judges of Supreme Court and High Courts, Chief Election Commissioner and comptroller and auditor general.
7. Approval of ordinances issued by the President.’
8. Approval of proclamation of all three types of emergencies by the President.
9. Selection ofministers including the Prime Minister. Under the Constitution, the ministers including the Prime Minister can be members of either House.
10. Consideration of the reports of the constitutional bodies like Finance Commission, Union Public Service Commission, Comptroller and Auditor, etc.
11. Enlargement of the judiciary of the Supreme Court and the Union Public Service Commission.

Rajya Sabha has unequal status with Lok Sabha in following matters:

1. A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha.
2. Rajya Sabha cannot amend or reject aMoney Bill. It should return the bill to the Lok Sabha within 14 days, either with recommendations or without recommendations.
3. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. In both the cases, the money bill is deemed to have been passed by the two Houses.
4. A financial bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha and not in the Rajya Sabha.
5. The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker of the Lok Sabha.
6. The Speaker of Lok Sabha presides over the joint sitting of both the Houses.
7. The Lok Sabha with greater number wins the battle in a joint sitting except when the combined strength of the ruling party in both the Houses is less than that of the opposition parties.
8. Rajya Sabha can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the Lok Sabha).
9. A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabha and not by the Rajya Sabha.
10. The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion.

Special Powers of Rajya Sabha

• It can authorise the Parliament to make a law on a subject enumeraçi1tbeSt8te List (Article 249).
• It can authorise the Parliament to create new—All-India Services common to both the—Centre and States (Article 312).

Membership of Parliament

Qualifications

• He must be a citizen of India.
• He must make and subscribe before the person authorized by the election commission an oath or affirmation according to the form prescribed in the Third Schedule.
• He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.
• He must possess other qualifications prescribed by Parliament.
• He must be registered as an elector for a parliamentary constituency in the concerned state or union territory in the case of the Rajya Sabha.
• He must be registered as an elector for some parliamentary constituency in India in the Case of the Lok Sabha.
• He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he  wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.

Disqualifications

• If-he holds any office of profit under the Union or State government.
• If he is of unsound mind and stands so declare by a court.
• If he is an undischarged insolvent.
• If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement or allegiance to a foreign state;
• If he is so disqualified under any law made by Parliament.
  Parliament laid down the following additional disqualifications in the Representation of People Act (1951).
• He must not have been found guilty of certain election offences or corrupt practices in the elections.
• He must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification.
• He must not have failed to lodge an account of his election expenses within the time.
• He must have any interest- in government contracts, works or services.
• He must not be a director or managing—agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
• He must not have been dismissed fromgovernment services for Corruption or disloyalty to the State.
• He must not have been convicted for promoting enmity between- different groups or for the. offence of bribery.

Parliamentary Committees

• Their appointment, terms of office, functions and procedure of conducting business are also more or less similar and are regulated as per rules made by the two Houses under Article 118(1) of the Constitution.

• Broadly, Parliamentary Committees are of two kinds—Standing Committees and ad hoc Committees.
• The former are elected or appointed every year or periodically and their work goes on, more or less, on a continuous basis.
• The latter are appointed on an ad hoc basis as need arises and they cease to exist as soon as they complete the task assigned to them.
• Among the Standing Committees the three Financial Committees— Committees on Estimates, Public Accounts Committee and Public Undertakings constitute a distinct group as they keep an unremitting vigil over Government expenditure and performance.
• While members of the Rajya Sabha are associated with Committees on Public Accounts and Public Undertakings, the members of the Committee on Estimates are drawn entirely from the Lok Sabha.

• Estimates Committee: The Estimates Committee reports on ‘what economies, improvements in Organisation, efficiency or administrative reform consistent with policy underlying the estimates’ may be effected.

• The origin of this committee can be traced to the Standing Financial Committee setup in 1921. First Estimates Committee in the post-independence era was constituted in 1950 on the recommendation of John Mathai, the then Finance Minister.

• It also examines whether the money iswell laid out within limits of the policy implied in the estimates and suggests the form in which estimates shall be presented to Parliament.
• Public Accounts Committee: The Public Accounts Committee scrutinises appropriation and finance accounts of Government and reports of the Comptroller and Auditor-General.
• It ensures that public money is spent in accordance with Parliament’s decision and calls attention to cases of waste, extravagance, loss or nugatory expenditure.

• The committee was first setup in 1921, at present it consists of 22 members (l5fromLokSabha and 7 from Rajya Sabha). The Members are elected by the parliament every year by proportional representation by means of single transferable vote. The term of the office of members is one year.

• A minister cannot be elected as amember of committee. The chairman of the committee is appointed by the Speaker.

• Committee on Public Undertakings: The Committee on Public Undertakings examines reports of the Comptroller and Auditor-General, if any. It also examines whether public undertakings are being run efficiently and managed in accordance with sound business principles and-prudent commercial practices.

• The Committee was created in 1964 on the recommendation of the Krishna Menon Committee. Originally it had 15members (l0 from the Lok Sabha and 5 from the Rajya Sabha).
• Besides these three Financial Committees the Rules Committee of the Lok Sabha recommended setting-up of 17 Department Related Standing Committees (DRSCs).
• Accordingly, 17 department Related Standing Committees were set upon 8 April 1993.
• In July 2004, rules were amended to provide for the constitution of seven more such committees, thus raising the number of DRSCs from 17 to 24.

Standing Committees of Parliament and their functions.

• Committee to Inquire:

(a) Committee on Petitions examines petitions on bills and on matters of general public interest and also entertains representations on matters concerning subjects in the Union List; and
(b) Committee of Privileges examines any question of privilege referred to it by the House or Speaker! Chairman;

• Committees to Scrutinise:

(a) Committee on Government Assurances keeps track of all the assurances, promises, undertakings, etc.
(b) Committee on Subordinate Legislation scrutinises and reports to the House whether the power to make regulations, rules, sub-rules, bye-laws, etc.
(c) Committee on Papers Laid on the Table examines all papers laid on the table of the House by Ministers, other than statutory notifications and orders which come within the purview of the Committee on Subordinate Legislation, to see whether there has been compliance with the provisions ôf1te Constitution, Act, rule or regulation under which the paper has been laid;

• Committees relating to the day-to-day business of the House:

(a) Business Advisory Committee recommends allocation of time for items of Government and other business to be brought before the Houses;
(b) Committee on Private Members Bills and Resolutions of the Lok Sabha.
(c) Rules Committee considers matters of procedure and conduct of business in the House and recommends amendments or additions to the Rules;
(d) Committee on Absence of Members

• Committee on the Welfare of Scheduled Castes and Scheduled Tribes
• Committees concerned with the provision facilities to members

(a) General Purposes Committee considers and advises Speaker! Chairman on matters concerning affairs of the House, which do not appropriately fall within the purview of any other Parliamentary Committee.
(b) House Committee deals with residential accommodation and other amenities for members;

• Joint Committee on Salaries and Allowances of Members of Parliament
• Joint Committee on Offices of Profit
• The Library Committee
• Committee on Empowerment ofWomen with members from both the Houses was constituted with a view to securing, among other things, status, dignity and equality for women in all fields;
• Ethics Committee: On 4 March 1997, the Ethics Committee-of the Rajya Sabha was constituted. The Ethic Committee of the Lok Sbha was constituted on 16 May 2000.

Leaders of Opposition in Parliament

• In keeping with their important role, the Leaders of Opposition in the Rajya Sabha and the Lok Sbha are accorded statutory recognition. Salary and other suitable facilities are extended to themthrough a separate legislation brought into force on 1 November1977.

Youth Parliament Competition

• In order to develop democratic ethos in the younger generation the Ministry of Parliamentary Affairs conducts youth parliament Competition in various categories of schools and colleges! universities
• The youth par1iament Scheme was first introduced in the School in Delhi in 1966-67.
• Kendriya Vidyalayas located in and around Delhi were incorporated into the ongoing Scheme for Delhi Schools in 1978.
• Subsequently, as separate scheme of youth parliament for Kendriya Vidyalayas at the National Level was launched in 1988.

Matters Under Rule 377 And Special Mentions

• The Ministry of Parliamentary Affairs takes follow-up action on matters raised under Rule 377 of the Rules of Procedure and-Conduct of Business in Lok-Sabha and by way of Special Mentions in Rajya Sabha.
• Also after ‘Question Hour’ in both the Houses of Parliament,Members raise matters of urgent public importance.

Administrative Set—Up

• The Government of India (Allocation of Business) Rules, 1961 are made by the President of India under Article 77 of the Constitution for the allocation of business of the Government of India.
• The Ministries/Departments of the Government are created by the President on the advice of the Prime Minister under these Rules.

Cabinet Secretariat

• The Cabinet Secretariat is under the direct charge of the Prime Minister.
• The administrative head of the Secretariat is the Cabinet Secretary who is also the ex-officio Chairman of the Civil Services Board.
• In the Government of India (Allocation of Business Rules) 1961 ‘Cabinet Secretariat’ finds a place

National Authority, Chemical Weapons Convention

• National Authority, Chemical Weapons Convention (CWC) was set u b a resolution of Cabinet Secretariat dated 5, May 1997 to fulfill the obligations enunciated in the Chemical Weapons Convention initially signed by 130 countries in a in a conference which concluded on 14 January 1993 for the purpose prohibiting of the development, production, execution, transfer, use and stockpiling of all chemical weapons by Member-States is a non-discriminatory process.

All India Services

• Prior to Independence, the Indian Civil Service (UCS) was the senior most amongst the Services of the Crown in India. Besides the ICS, there was also the Indian Police Service.
• A provision was made in Article 312 of the Constitution for creation of one ormore All India Services common to the Union and State.
• After the promulgation of the Constitution, a new All India Service, namely, the Indian Forest Service, was created in 1966.

• A common unique feature of the All India Services is that the members of these services are recruited by the Centre but their services are placed under various State cadres and they have the liability to serve both under the State and under the Centre.

• Of the three All India Services, namely, the Indian Administrative Service (IAS), the Indian Police Service (IPS) and the Indian Forest Service (IFS), the Ministry of Personnel, Public Grievances and Pension is he cadre controlling authority for the IAS and Minister of authority for the IPS andMinistry of Environment & Forest for IFS.

• The recruitment to all the three services is made by the UPSC. Administrative Reforms And Public Grievances

• Department of Administrative Reforms and Public Grievances (DARPG) is the nodal agency of the Government for administrative reforms as well as redressal of public grievances relating to the States in general and grievances pertaining to Central Government agencies in particular.

• The Department disseminates information on important activities of the Government relating to administrative reforms, best practices and public grievance redressal through publications and documentation. The Department also undertakes activities in the field of international exchange and cooperation to promote public service reforms.

Constitutional Provisions regarding the recruitment and service conditions of All India and Central Services.

• The Constitution of India makes the following provisions with regards to recruitment and service conditions of All-India and Central Services:
• Article 309 empowers the Parliament to regulate the recruitment and service conditions of persons appointed to Central Services and posts.
• Article 310 provides that the members of All India Services and Central Services, and posts hold office during the pleasure of the President.

• Article 311 provides that no member of-All India Services and Central Services and posts shall be dismissed or removed by an authority subordinate to that by which he was appointed. It further lays down that no such member shall be dismissed or removed or reduced to 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.

• Article 312 authorises the Parliament to create new All-India Services (including an All-India Judicial Service) and regulate the recruitment and service conditions of persons appointed to these services. However they can be created by the Parliament only after the Rajya Sabha passes a resolution supported by two-thirds majority saying that interest to do so.

ARTICLES RELATED TO UPSC

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