Indian Polity Revision Test Part 3 in English

The Central Government is the supreme government in our country. The head quarter of the Central Government is at New Delhi. Articles 52 to 78 in part V of Indian Constitution deals with the Union Executive. Our Constitution provides for a democratic form of government.

The makers of the Indian constitution, by giving due recognition to the vastness and plural character of our nation, have provided a federal arrangement for her governance. The Central Government consists of three organs, namely, Union Executive, Legislature and Judiciary.

The chief executive of the Indian union is the President. He is designated as the First citizen of India. He is the supreme commander of the armed forces. The President is also the Constitutional head of the Union Executive. He is also responsible for constituting the judiciary. According to Article 53 of the constitution, the executive power of the Union shall be vested in the President which shall be exercised by him directly or through officers subordinate to him in accordance with Constitution.

It is a well known fact that the President of India resides at Rashtrapati Bhavan in New Delhi. The residence and the office of the President are located in the same building. However he has two other office cum residences where he conducts office at least once a year. They are 'The Retreat Building' at Shimla and the 'Rashtrapati Nilayam' at Hyderabad. These locations one in North and other one is South symbolise the unity of the country and unity of the diverse culture of the people.

The President is elected by an electoral college in accordance with the system of proportional representation by means of single transferable vote. The Electoral College consists of the elected members of both houses of Parliament and the elected members of the states and elected members of National Capital Territory of Delhi and Puducherry. Once elected as the President has to take an oath of office before the Chief Justice of India. The President is elected for a term of five years and can be re-elected.

Money bill can be introduced in the Parliament only with his prior recommendation. Annual Budget of the Central Government is presented before the Lok Sabha by the Union Finance Minister only with the permission of the President. He causes to be laid before the Parliament the annual financial statement (the Union Budget).

Article 72 confers on the President power to grant pardons, reprieves, respites or remissions of punishment, or to commute the sentence of any person convicted of an offence. In all cases where the punishment or sentence is by a court martial; in all cases where the punishment or sentence is for and offence against a Union law; and in all cases where the sentence is a sentence of death.

Kerala and Punjab are the States where the President’s Rule was imposed for maximum number of times i.e., nine times in both States.

The President has been empowered by the Constitution to proclaim Emergency. Article 352 confers power on the President to make a proclamation of Emergency on the grounds of war, external aggression, or armed rebellion. „„ Article 356 confers power on the President to make a proclamation of State Emergency Under Article 360, the President is vested with the power to proclaim Financial Emergency.

The Vice-President is Ex-Officio Chairman of the Rajya Sabha. As the Chairman of the House, he carries out several functions. He regulates the proceeding of the House. He decides the order of the House. He decides the admissibility of a resolution or questions. He suspends or adjourns the House in case of a grave disorder. He issues directions to various committees on matters relating to their functions.

ccording to Article (100) of the Constitution, the vice- president can\only cast his vote when there is a tie over the Bill in the Rajya Sabha.It means that there is need for one vote only to pass the Bill. So vice-president using his discretion power cast his vote in favor or against the Bill. No members have any right to oppose his decision.

When the President is unable to discharge his duties due to illness or absence from the country, he attends to the functions of the President. When the President is unable to do so due to sickness or when the post of President becomes vacant due to resignation, death, or removal by impeachment etc. the Vice-President can act as the President for a maximum period of six months.

If the posts of President and Vice-President lie vacant, Chief Justice of India works as President. This situation happened in 1969 when Chief Justice M.Hidayutalla was appointed as President of India.

Article 78 mentioned the duties of the Prime Minister .Article 74 (1) says: There shall be a council of ministers with the Prime Minster as the head to aid and advice the President.

Deputy Ministers are the lowest ranked ministers in the cabinet. They assist either the Ministers of Cabinet or State in the performance of the duties entrusted to them. Ministers of State belong to the second category of ministers in the council. They are also in charge of ministries or departments.

The parliament is the legislative organ of the Union government. Article 79 to 122 in part V of the constitution deal with the organization, composition, duration, officers, procedures, privileges, powers and so on of the Parliament. The Parliament of India consists of three parts they are the President, Rajya Sabha (the council of States) and Lok Sabha (the House of the People).

Rajya Sabha does not have any power to amend or reject the Money bill. Lok Sabha can only introduce Money bill and once it is approved by the Lok Sabha, it is passed to Rajya Sabha for its approval. If Rajya Sabha fails to pass it within 14 days then the bill gets passed without the approv- al of Rajya Sabha. Also, Lok Sabha does not need to consider the amendments proposed by the Rajya Sabha. Lok Sabha can reject all the proposals and pass it.

Elected members of the Parliament from Tamil Nadu. Rajya Sabha – 18 members, Lok Sabha – 39 members.

Functions of the Lok Sabha Any bill can be introduced and passed in the Lok sabha (Including Money Bill). It has the same power as Rajya Sabha to participate in case of impeachment of president and the judges of Supreme Court. It has equal power as Rajya Sabha in passing any bill for constitutional amendment. Lok Sabha members have the power to elect the president, vice president. Motion of no confidence can only be introduced in Lok Sabha. If it is passed then the prime minister and other council of ministers need to resign from their post.

The Constitution (Article 76) has provided for office of the Attorney General for India. He is the highest law officer in the country. He is appointed by the President. He must be a person who is qualified to be appointed the Judge of the Supreme Court.

The Supreme Court of India, New Delhi was inaugurated on January 28, 1950. It succeeded the Federal Court of India, established under the Government of India Act of 1935.

The Supreme Court has its permanent seat in “New Delhi”. It may also sit any other place in India which may be decided by the Chief Justice of India with the approval of the President of India.

The power of the judiciary to declare a law as unconstitutional is known as “Judicial Review”. The Supreme Court enjoys this power. The Supreme Court of India has Individual Review Power with regard to 1) Dispute between the Centre and the States 2) To interpret and clarify a provision of the constitution about which there are some doubts and differences of opinion. 3) Protecting the fundamental rights, 4) Those laws passed by the legislatures which are not in accordance with the Constitution.

Budget Session from February to May, Monsoon Session from July to September, Winter Session from November to December.

The Rajya Sabha is a permanent house and it cannot be dissolved. The members of the Rajya Sabha are elected for a term of six years. One third of the members of Rajya Sabha retire every two years, and new members are elected to fill the seats thus vacated. The Vice President of India is the Ex-officio Chairperson of the Rajya Sabha. The Deputy Chairperson of the Rajya Sabha is elected by the members of the Rajya Sabha.

The constitution contains provisions for the governance of both the union and the states. It lays down a uniform structure for the StateGovernment, in part VI of the constitution from Article 152 to 237, which is applicable to all the states, save only the state of Jammu and Kashmir which has a separate constitution for its government under Article 370.

The Constitution of Jammu and Kashmir was adopted on the 17 November, 1957 and came into force on 26 January, 1957. The Constitution of India grants special status to Jammu and Kashmir among Indian states, and it is the only state in India to have a separate constitution. The Directive Principles of the State Policy and fundamen- tal duties of the constitution are not applica- ble to the state of Jammu and Kashmir. Right to Property, which is denied as a fundamental right to rest of the India, is still guaranteed in Jammu and Kashmir.

The Governor is the constitutional head of the state executive. The administration of a State is carried on in the name of the Governor. Generally, there is a separate Governor in each State but if the situation warrants so, the same person may be appointed as the Governor of two or more States.

The Legislature of a State or a High Court has no role in the removal of a Governor. A person may be appointed as a Governor for any number of terms. Two conventions have been set up inthe matter of appointing a person as Governor of a State. He should not be a resident of the State concerned and, the State Government concerned is consulted and its views are sought regarding the proposed choice.

Article 154 vests the executive power of the State in the Governor. Article 154(1) holds that the executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinates to him in accordance with this Constitution.

The Governor is the head of the state executive and he has enormous powers. In the exercise of functions and powers, the Governor, except in certain cases, is to be guided by the aid and advice of the Council of Ministers headed by the Chief Minister (under Article 163). As the executive head in the state level, the Governor has following functions and powers.

Governor can promulgate ordinances when the state legislature is not in session under Article 213. But, these ordinances must be approved by the legislature within six months. He can also withdraw an ordinance at anytime.

Governor has to lay the annual reports of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor General relating to the accounts of the state, before the state legislature.

Governor appoints the Attorney-General of the State. He appoints Judges to the Subordinate Courts in the State. He makes appointment, postings and promotions of the District Judges in consultation with the State High Court.

The Governor can reserve a bill for the consideration of the president. He recommends for the imposition of the President’s rule in the state. He seeks information from the Chief Minister relating to the administrative and legislative matters of the state. He can call the leader of any party to form ministry in the state when there is no clear-cut majority to any party in the Legislative Assembly after the general elections. He can dismiss the Council of Ministers when it is unable to prove the confidence of the Legislative Assembly; and He can dissolve the Legislative Assembly if the Council of Ministers has lost its majority.

The Chief Minister is the principal channel of communication between the Governor and the Council of Ministers.

The Chief Minister is the principal channel of communication between the Governor and the Council of Ministers, and he advises the Governor in relation to the appointment of the following officials: Advocate General of the State, State Election Commissioner, Chairman and Members of the State Public Service Commission, Chairman and Members of the State Planning Commission, Chairman and Members of the State Finance Commission.

The Council of Ministers are collectively responsible to the State Legislature. All the members of the Council of Ministers must be the members of the State Legislature. Those who are not the members at the time of their appointment, must secure their seats in the Legislature within a period of 6 months. All the ministers work as a team under the Chief Minster. As long as the Chief Minister is in office, the Council of Ministers will also be in power.

Article 164(1A) states that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen percent of the total number of members of the Legislative Assembly.

The Constitution provides a legislature for every state. Most of the States have only unicameral legislature i.e., Legislative assembly. Some State has bicameral legislatures (example Bihar, Karnataka, Maharashtra, Uttar Pradesh, Andhra Pradesh, Telangana and Jammu- Kashmir).

The lower house, legislative assembly represents the people of the state the upper house; Legislative Council represents special interests like teachers, graduates and local governments.

The Legislative Assembly is a popular house. It is the real centre of power in the State. It consists of members directly elected by the people on the basis of adult franchise. The strength of the Assembly varies from State to State depending on the population. However the maximum strength of the Assembly must not exceed 500 or its minimum strength not be below 60. The term of office of the legislative assembly is 5 years.

The Legislative Assembly of Tamil Nadu consists of 235 members out of which 234 members are directly elected by the people from the constituencies on the basis of adult franchise and one member is nominated by the Governor from the Anglo-Indian community. However, seats shall be reserved in the house for the scheduled castes and scheduled tribes.

The Tamil Nadu Legislative Council was abolished by Tamil Nadu Legislative Council (Abolition) Bill, 1986. The Act came into force on the 1st November 1986.

The Legislative Assembly elects two of its members as the Speaker and Deputy Speaker. The Speaker vacates his office, if he cannot continue to be a member of the Assembly. He may also resign his office at any time. The speaker may be removed from office by a resolution of the Assembly after giving a 14 days’ notice. Such a resolution must be passed by a majority of the members present at the time of voting. The speaker does not vacate his office, when the Assembly is dissolved. He continues to be the Speaker until the first sitting of the new Assembly. While the office of the speaker is vacant, the Deputy Speaker performs his functions.

The legislative Council is the upper House of the State Legislature. It is constituted as a permanent House. Article 171(1) provides that the total number of members in the Legislative Council of a State shall not exceed one-third of the total number of members in the Legislative Assembly of that State, but not less than 40 members in any case.

Article 169 deals with the creation or abolition of Legislative Council in a State. Article 169 holds that if the state Legislative Assembly passes a resolution by a majority of not less than 2/3rd of the members present and voting and by the majority of total strength of the House, requesting the Parliament to create or abolish the state Legislative council then the Parliament may by law provide for the abolition and creation of the Legislative Council.

The institution of high court originated in India in 1862 when the high courts were set up at Calcutta, Bombay and Madras. In the course of time, each province in British India came to have its own high court. After 1950, a high court existing in a province became the high court for the corresponding state.

The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorised the Parliament to establish a common high court for two or more states or for two or more states and a union territory. For example, the States of Punjab and Haryana and the Union Territory of Chandigarh have a common High Court situated at Chandigarh.

The High Court of Madras is the one of the three High Courts in India established in the three Presidency Towns of Bombay, Calcutta and Madras by letters patent granted by Queen Victoria, bearing date 26 June 1862. The High Court building is the second largest judicial complex in the world after London.

Judicial review is the power of a high court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. Though the phrase judicial review has no where been used in the Constitution, the provisions of Articles 226 and 227 explicitly confer the power of judicial review on a high court

The 42nd Amendment Act of 1976 curtailed the judicial review power of high court. It debarred the high court’s from considering the constitutional validity of any central law. However, the 43rd Amendment Act of 1977 restored the original position.

In 1977, the Government of India formed a committee under the chairmanship of Ashoka Mehta to go in to the working of the Panchayati Raj bodies and suggest measures to strengthen it. It recommended that Panchayati Raj should emerge as the system of democratic local government, discharging developmental, municipal and ultimate regulatory functions.

After many attempts, in 1992, incorporating important features of earlier exercises on this subject, government drafted and introduced the 73rd and 74th Constitutional Amendment bills in Parliament in 1992 which was passed by the Indian Parliament in 1993.

Article 243 B of the Constitution which was inserted into the Constitution under the 73rd Constitutional Amendment, envisages that states and union territories except those with population not exceeding 20 lakhs, will have to constitute a three tier system of Panchayat ie, village, intermediate and district levels. While the district has been defined as a normal district in state, the jurisdiction of village and intermediate levels have not been specifically defined in the Act.

A new schedule, Eleventh Schedule was inserted in to the Constitution of India, which provided for obligatory and discretionary functions of the Panchayats at three levels(a) The Village Level (b) The District Panchayat at the district level (c) The Intermediate Panchayat which stands between the village and district Panchayats in the states where the population is above 20 lakhs.

The new Amendment Act provided for participation of Members of Parliament and Members of Legislative Assemblies in the Panchayat Union Councils and also in the District Panchayats. The Amendment Act also provided reservation of seats in the three tiers for Scheduled Castes and Scheduled Tribes and not less than one third of the total seats for women. The tenure of the Panchayats shall be five years.

Golden Jubilee Year – on 2nd October 1959, Pt. Jawaharlal Nehru laid the foundation of Panchayati Raj in Nagaur, Rajasthan; the most revolutionary step in the context of governance of rural India. The journey which commenced with the commitment of comprehensive development of villages and to put power in the hands of people.

Three tier Panchayati Raj system under 73rd Constitutional Amendment(1993) District Panchayats (Elected and nominated), Panchayat Union Councils (Elected), Village Panchayats (Elected) Gram Sabha (All Voters in a village) (Advisory Body).

The idea of local self government is a very old concept in India. It was at its peak under the later Cholas or the Imperial Cholas of Tanjore. There are historical records of references to local self government under Mauryan administration.

Panchayat raj was revived during the British period in the last quarter of the 19th century, with Western orientation of training in democracy with Lord Ripon’s Resolution in 1882. Lord Ripon was known as the ‘Father of Local Government for laying the foundations of local self governments in modern times.

Functions of the Village Panchayat • Supply of drinking water • Maintenance of street lights • Maintenance of roads • Maintenance of village libraries • Maintenance of small bridges • Granting permission to the housing plots • Maintenance of drainage • Construction of group houses• Cleaning of streets • Maintenance of burial grounds • Maintenance of common lavatory facilities

In each and every village, the people living within its jurisdiction will be the members of Panchayat. Th e President of the Panchayat will preside over its meetings. In themeeting of the Grama Sabha, the income and expenditure and the benefi ciary of the schemes in the village are discussed.

Meetings of the Grama Sabha are conducted four times a year January 26 - Republic Day May 1 - Labourer Day August 15 - Independent Day October 2 - Gandhi Jayanthi

Functions of the Panchayat Union: Supply of drinking water, Maintenance of Village Health Centres, Maintenance of roads, Establishment of Maternity Homes, Establishment of Public fairs, Establishment of Veterinary hospitals , Maintenance of Social forests , Repairing of Primary School buildings.

The district collector, Planning offi cer, concerned Block Development Offi cer are empowered to supervise the developmental functions of the Panchayat Union.

A District Panchayat is constituted in each district. One district Panchayat is constituted for every 50,000 people and the ward members are directly elected by the people. Th e Chairman is elected from one among its members and their term is 5 years.

The area where more than 10,000 people live is called a Town Panchayat. Members and President of the town Panchayat are directly elected by the people. There is an Executive Officer to look after the administration of the Town Panchayat and their term of office is 5 years and he is appointed by the government.

The area where more than 1,00,000 people live is called a Municipality. The Members and the Chairman of the Municipalities are directly elected by the people and their term of office is five years. A Municipal Commissioner is appointed by the government to administer the Municipality.

The Municipal Commissioner will be a person from the Indian Administrative Service (IAS). All the decisions of the Corporation Council will be implemented by him. He will be assisted by the office of the corporation.

Important functions of the Mayor He acts as a bridge between the members of the corporation and the government He presides over the meetings of the Corporation Council He receives the dignitaries from foreign countries

Periyar E.V.Ramasamy bacame the Chairman of Erode Municipality in 1917. During his tenure in Erode Municipality, Periyar worked effectively for Providing piped drinking water supply and health facilities to the people. Piped water supply scheme was implemented in 1919 by Periyar. This scheme was said to be first of kind in the history of Indian Municipal administration.

The State Election Commission conducts the elections to the local government.

L M Singhvi Commitee (1986) 73rd and 74th Constitutional Amendment Acts, 1992.

The Municipal Council meets at least once in a month, presided over by the President or in his/her absence Vice- President. The Municipal Council with the increasing load of work, elects subcommittees comprising councillors from amongst itself to study a problem in depth and make recommendation for its solution.

The State Finance Commission shall make recommendations regarding: Distribution between the state government and municipalities of the net proceeds of taxes, duties, tolls and fees to be assigned or appropriated by the state; Allocation of share of such proceeds between the municipalities at all levels in the states; Determination of taxes, duties tolls and fees to be assigned or appropriated by the municipalities; Grants-in-aid to fund the state; Measures needed to improve the financial position of the municipalities.

The Municipal Corporations constitute the highest or the top most form of urban local government in India. They are created for big cities by the enactments of the State Legislatures or of the Parliament in the case of Union Territory.

A Municipal Corporation shall have a Standing Committee constituted by it, consisting of Mayor, the senior deputy Mayor and other councilors elected by the councilors of the Corporationfrom amongst the members. The Mayor shall be the chairperson of the Standing Committee.

The State of Tamilnadu has 12,564 village panchayats, 388 panchayat unions and 31 district panchayats.

The Parliament consists two houses namely; House of the People (Lok Sabha – Lower House) and Council of States (Rajya Sabha - Upper House). This is known as bicameral system of Parliament, and has inspired by the British Parliamentary system and the bicameral system of the USA. Similarly, the States have Legislative Assembly and Legislative Council.

It is the duty of the President to summon the Parliament and must have not less than two sessions in a year. Every year, at commencement of the first session of the parliament, the President delivers his special address which would be the future course of action of the parliament in view of giving framework for new policies, programmes and initiatives of the government.

Quorum of the House: One tenth of the total number of members of Lok Sabha / Rajya Sabha constitutes the quorum for a meeting of the House.

The grand total number of members in the Lok Sabha 545, but the nominated members cannot decide the government when it proves majority on the floor of the House. The Lok Sabha is the highest forum for discussion, debate on public issues, interest and policies to cater the socio-economic needs of the people.

Jawaharlal Nehru, one of the chief architects of India and a driving force behind its democratic principles of the Constitution, placed the office of the Speaker in India in the proper context when he said: “The Speaker represents the House. He/she represents the dignity of the House, the freedom of the House and because the House represents the nation, in a particular way, the Speaker becomes a symbol of nation’s freedom and liberty. Therefore that should be an honoured position, a free position and should be occupied always by persons of outstanding ability and impartiality”.

The speaker decides whether a Bill is a Money Bill or not and his decision on this question is final. It is the speaker who decides on granting recognition to the Leader of Opposition in the House of People. Under 52ⁿd Constitution Amendment, the speaker has the disciplinary power to disqualify a member of the house on the grounds of defection. Even though, the speaker also one of the members of the House and holds neutral, does not vote in the house except rare occasions when there is a tie at the end of the decision.

The council of states Rajya Sabha is called as second chamber of the Parliament of India. The Rajya Sabha is an institution to protect the rights and interests of the states like the senate in USA. It was constituted on 3rd April, 1952.

Must be a citizen of India, Must not be less than 30 years, Under the Representation of the People Act, 1951, a person had to be an elector in a parliamentary constituency in the State from where he seeks election to Rajya Sabha.

Uttar Pradesh with the highest population elects 31 members to Rajya Sabha; on the other hand, Sikkim, the least populated state, elects only one member to Rajya Sabha. Tamil Nadu elects 18 members to the Rajya Sabha. The number of members to be elected from each State has been fixed by the fourth schedule of the Constitution.

In the following matters, the powers and status of the Rajya Sabha are equal to that of the Lok Sabha: Introduction and passage of ordinary bills. 2. Introduction and passage of Constitutional amendment bills. 3. Introduction and passage of financial bills involving expenditure from the Consolidated Fund of India. 4. Election and impeachment of the president.

Election and removal of the Vice- President. However, Rajya Sabha alone can initiate the removal of the vice-president. He is removed by a resolution passed by the Rajya Sabha by a special majority and agreed to by the Lok Sabha by a simple majority. Approval of ordinances issued by the President. Approval of proclamation of all three types of emergencies by the President.

Selection of ministers including the Prime Minister can be done in both houses. Under the Constitution, the ministers including the Prime Minister can be members of either House. However, irrespective of their membership, they are responsible only to the Lok Sabha.

(Article 110) A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha.

Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14 days, either with recommendations or without recommendations.

The Rajya Sabha cannot remove the council of ministers by passing a no- confidence motion. This is because the Council of ministers is collectively responsible only to the Lok Sabha. But, the Rajya Sabha can discuss and criticize the policies and activities of the government.

Due to its federal character, the Rajya Sabha has been given two exclusive or special powers that are not enjoyed by the Lok Sabha: 1. It can authorize the Parliament to make a law on a subject enumerated in the State List (Article 249). 2. It can authorize the Parliament to create new All-India Service common to both the Centre and states (Article 312).

Hindi and English have been declared by the Constitution to be the languages for conducting business in Parliament. The Presiding Officer may, however, allow any member not proficient in either to address the House in his mother tongue (Article 120).

Ordinary bills can be detained by the Rajya Sabha for a maximum period of six months.

Article 368 provides for two types of amendments, that is, by a special majority of parliament and also through the ratification of half of the states by a simple majority. But, some other articles provide for the amendment of certain provisions of the constitution by a simple majority of parliament, that is, a majority of the members of each house present and voting, similar to the ordinary legislative process.