(Sample Materials) Gist of India Year Book 2013 - "The Polity"

Contents of the Chapter:

• Introduction
• Lok Sabha
• The Union and its Territory
• Parliamentary Committees

• Standing Committees
• Ad hoc committees

• Citizenship
• Fundamental Rights
• Fundamental Duties
• Minister/Departments of the Government
• Directive Principles of State Policy
• Comptroller and Auditor General
• President
• Public Services

• Union Public Service Commission
• Civil Services Reform

• Vice President
• Council of Ministers
• Legislature
• The States
• Rajya Sabha
• MCQs for Final Practice

Introduction

• The Republic 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 be a Council of Ministers with the Prime Minister as head to aid and advise President who shall in exercise of his functions, act in accordance with such advice.

• Power to amend the Constitution also vests in Parliament. The Constitution has provision for independence of judiciary, Comptroller and Auditor-General, Public Service Commissions and Chief Election Commissioner.

THE UNION AND ITS TERRITORY

• India comprises 28 States and seven Union Territories.

CITIZENSHIP

• Every person who was at the commencement of the Constitution (26 January 1950) domiciled in the territory of India and: (a) who was born in India; or (b) either of whose parents was born in India; or (c) who has been ordinarily resident in India for not less than five years became a citizen of India. The Citizenship Act, 1955, deals with matters relating to acquisition, determination and termination of Indian citizenship after the commencement of the Constitution.

FUNDAMENTAL RIGHTS

• These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights which are justiciable.

• Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights. These are : (i) right to equality including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth and equality of opportunity in matters of employment; (ii) right to freedom of speech and expression; assembly; association or union; movement; residence; and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality); (iii) right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings; (iv) right to freedom of conscience and free profession, practice and propagation of religion; (v) right of any section of citizens to conserve their culture, language or script and right of minorities to establish and administer educational institutions of their choice; and (vi) right to constitutional remedies for enforcement of 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. These enjoin upon a citizen among other things, to abide by the Constitution, to cherish and follow noble ideals, which inspired India’s struggle for freedom, to defend the country and render national service when called upon to do so and to promote harmony and spirit of common brotherhood transcending religious, linguistic and regional or sectional diversities.

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.

These lay down that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may a social order in which justice—social, economic and political—shall form in all institutions of national life.

The Union

Executive

The Union executive consists of the President, the Vice-Presidnt and the council of Ministers with the Prime Ministr 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.

• To secure uniformity among state inter se as well as parity between the states, as a whole, and the Union, suitable weightage is given to each vote.
• 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.

VICE-PRESIDENT

• The Vice-President is elected by members of an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote.
• 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 or removal or otherwise of President).

COUNCIL OF MINISTERS

• 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).

RAJYA SABHA

• The Constitution provides that the Rajya Sabha shall consist of 12 members to be nominated by the President from amongst persons having 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.

• The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year.
• Rajya Sabha, at present, has 245 seats. Of these, 233 members represent the States and the Union Territories and 12 members are nominated by the President.

LOK SABHA

• The maximum strength of the House envisaged by the Constitution is now 552 (530 members to represent the States, 20 members to represent the Union Territories and not more than two members of the Anglo-Indian community to be nominated by the President, if, in his opinion, that community is not adequately represented in the House).

• The 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 of existing seats as allocated to various States in the Lok Sabha on the basis of the 1971 census shall remain unaltered till the first census to be taken after the year 2026.

Qualification for membership of parliament

In order to be chosen a member of Parliament, a person must be a citizen of India and not less thatn 30 years of age in the case of Rajya Sabha and not less than 25 years of age in the case of Lok Sabha. Additional qualifications may be prescribed by Parliament by law.

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.

• Standing Committees: Among the Standing Committees, the three Financial Committees—Committees on Estimates, Public Accounts 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.

• 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 up on 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.

• Other Standing Committees in each House, divided in terms of their functions, are (i) Committees to Inquire, (ii) Committees to Scrutinise, (iii) Committees relating to the day-to-day business of the House, (a) Business Advisory Committee, (iv) Committee on the Welfare of Scheduled Castes and Scheduled Tribes, (v) Committees concerned with the provision of facilities to members, (vi) Joint Committee on Salaries and Allowances of Members of Parliament, constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954, apart from framing rules for regulating payment of salary, allowances andn pension to Members of Parliament, also frames rules in respect of amenities like medical, housing, telephone, postal, constituency and secretarial facility; (vii) Joint Committee on Offices of Profit, (viii) The Library Committee consisting of members from both Houses, considers matters concerning the Library of Parliament, (ix) On 29 April 1997, a Committee on Empowerment of Women 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; (x) On 4 March 1997, the Ethics Committee of the Rajya Sabha was constituted. The Ethics Committee of the Lok Sabha was constituted on 16 May 2000.

• Ad hoc Committees: Such Committees may be broadly classified under two heads : (a) committees which are constituted from time to time, either by the two Houses on a motion adopted in that behalf or by Speaker/Chairman to inquire into and report on specific subjects, and (b) Select or Joint Committees on Bills which are appointed to consider and report on a particular Bill.

LEADERS OF OPPOSITION IN PARLIAMENT

• In keeping with their important role, the Leaders of Opposition in the Rajya Sabha and the Lok Sabha are accorded statutory recognition.
• Salary and other suitable facilities are extended to them through a separate legislation brought into force on 1 November 1977.

Sample MCQ:

1. Consider the following statements:

1. By the 42nd Amendment of the Constitution, Fundamental Duties of the citizens have been added.
2. Part IV of the constitution deal with the Fundamental Duties.

Which of the above statements is / are correct?

1. 1 only
2. 2 only
3. Both 1 & 2
4. Neither 1 nor 2

2. Consider the following statements:

1. The President is elected by Members of an electoral college consisting of elected and nominated members of both houses of Parliament and Legislative Assemblies of the States.
2. The President may, by writing under his hand addressed to the Vice-President resign his office.

Which of the above statements is / are correct?

1. 1 only
2. 2 only
3. Both 1 & 2
4. Neither 1 nor 2

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