The Union and
its Territory
India comprises
28 States and 7 Union Territories. They are: Andhra Pradesh, Assam, Arunachal
Pradesh, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu
and Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra,
Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil
Nadu, Tripura, Uttarakhand, Uttar Pradesh and West Bengal. Union Territories
are: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and
Diu, National Capital Territory of Delhi, Lakshadweep and Puducherry.
Citizenship
The Constitution
of India provides for a single citizenship for the whole of India. 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
The Constitution
offers all citizens, individually and collectively, some basic freedoms. 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:
1.
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;
2.
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);
3.
right
against exploitation, prohibiting all forms of forced labour, child labour and
traffic in human beings;
4.
right
to freedom of conscience and free profession, practice, and propagation of
religion;
5.
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
6.
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
Principle 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 State shall
direct its policy in such a manner as to secure the right of all men and women
to an adequate means of livelihood, equal pay for equal work and within limits
of its economic capacity and development, to make effective provision for
securing the right to work, education and to public assistance in the event of
unemployment, old age, sickness and disablement or other cases of undeserved
want. The State shall also endeavour to secure to workers a living wage, humane
conditions of work, a decent standard of life, and full involvement of workers
in management of industries.
In the economic
sphere, the State is to direct its policy in such a manner as to secure
distribution of ownership and control of material resources of community to
subserve the common good, and to ensure that operation of economic system does
not result in concentration of wealth and means of production to common
detriment.
Some of the
other important directives relate to provision of opportunities and facilities
for children to develop in a healthy manner; free and compulsory education for
all children up to the age of 14; promotion of education and economic interests
of scheduled castes, scheduled tribes and other weaker sections; organisation
of village panchayats; separation of judiciary from executive;
promulgation of a uniform civil code for whole country; protection of national
monuments; promotion of justice on a basis of equal opportunity; provision of
free legal aid; protection and improvement of environment and safeguarding of
forests and wildlife of the country; promotion of international peace and
security; just and honourable relations between nations; respect for
international law; treaty obligations; and settlement of international disputes
by arbitration.
The Union
·
Executive
1.
President
2.
Vice
President
3.
Council
of Ministers
·
Legislature
1.
Rajya
Sabha
2.
Lok
Sabha
3.
Qualification
of Membership of Parliament
4.
Functions
& Powers of Parliament
·
Parliamentary
Committees
·
Leaders of
Opposition in Parliament
·
Government
Business in Parliament
·
Consultative
Committees
·
Nomination of
Members of Parliament on Government Committees/Bodies
·
Youth Parliament
Competition
·
Other
Parliamentary Matters
1.
All
India Whips Conference
2.
Matters
Under Rule 377 and Special Mentions
3.
Implementation
of Assurances
·
Administrative
Set-up
1.
Cabinet
Secretariat
2.
National
Authority, Chemical Weapons Convention
3.
Ministries/Departments
of the Government
·
Public Services
1.
All
India Services
2.
Central
Secretariat
·
Official
Language
1.
Policy
2.
Committees/Samitis
3.
Award
Schemes
4.
Training
5.
Technical
6.
Publications
·
Comptroller
& Auditor General
·
Administrative
Reforms & Public Grievances
Administrative
Tribunals
Executive
The Union
executive consists of the President, the Vice-President, 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. 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. 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
directly or through officers subordinate to him in accordance with the
Constitution. Supreme command of defence forces of the Union also vests in him.
The President summons, prorogues, addresses, sends messages to Parliament and
dissolves the Lok Sabha, promulgates Ordinances at any time, except when both
Houses of Parliament are in session, makes recommendations for introducing
financial and money bills and gives assent to bills, grants pardons, reprieves,
respites or remission of punishment or suspends, and remits or commutes
sentences in certain cases. When there is a failure of the constitutional
machinery in a state, he can assume to himself all, or any of the functions of
the government of that state. The President can proclaim emergency in the
country if he is satisfied that a grave emergency exists, whereby security of
India or any part of its territory is threatened, whether by war or external
aggression or armed rebellion.
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. He must be a
citizen of India, not less than 35 years of age, and eligible for election as a
member of the Rajya 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 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). While so acting, he ceases to perform the function of the
Chairman of the Rajya Sabha.
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 other ministers 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 the 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. A joint sitting of two Houses can be held in certain cases.
Rajya Sabha
The Constitution
provides that the Rajya Sabha shall consist of 250 members, of which 12 members
shall 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.
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 245 seats. Of these, 233 members represent the States and the
Union Territories, and 12 members are nominated by the President.
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 States, 20 to represent 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 total elective membership of the Lok Sabha is distributed
among States in such a way that the ratio between the number of seats allotted
to each State and population of the State is, as far as practicable, the same
for all States. 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, 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.
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 period may 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 of six months
after the proclamation has ceased to operate. Fourteen Lok Sabhas have been
constituted so far.
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
than 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.
Functions and
Powers of Parliament
As in other
parliamentary democracies, the Parliament in India has the cardinal functions
of legislation, overseeing of administration, passing of the Budget,
ventilation of public grievances and discussing various
subjects like
development plans, national policies and international relations. The
distribution of powers between the Union and the States, followed in the
Constitution, emphasises in many ways the general predominance of Parliament in
the legislative field. Apart from a wide-range of subjects, even in normal
times, the Parliament can, under certain circumstances, assume legislative
power with respect to a subject falling within the sphere exclusively reserved
for the States. The Parliament is also vested with powers to impeach the President
and to remove the Judges of Supreme Court and High Courts, the Chief Election
Commissioner and the Comptroller and Auditor General in accordance with the
procedure laid down in the Constitution.
All legislation
require consent of both the Houses of Parliament. In the case of money bills,
however, the will of the Lok Sabha prevails. Delegated legislation is also
subject to review and control by Parliament. Besides the power to legislate,
the Constitution vests in Parliament the power to initiate amendment of the
Constitution.
Parliamentary
Committees
The functions of
Parliament are not only varied in nature, but considerable in volume. The time
at its disposal is limited. It cannot make very detailed scrutiny of all
legislative and other matters that come up before it. A good deal of
Parliamentary business is, therefore, transacted in the committees.
Both Houses of
Parliament have a similar committee structure, with a few exceptions. 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.
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.
The Estimates
Committee reports on 'what economies, improvements in organisation, efficiency
or administrative reform consistent with policy underlying the estimates' may
be effected. It also examines whether the money is well laid out within limits
of the policy implied in the estimates and suggests the form in which estimates
shall be presented to Parliament. 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 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.
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. The functions of
these Committees are:
1.
to
consider the Demands for Grants of various Ministries/Departments of Government
of India and make reports to the Houses;
2.
to
examine such Bills as are referred to the Committee by the Chairman, Rajya
Sabha or the Speaker, Lok Sabha, as the case may be, and make reports thereon;
3.
to
consider Annual Reports of ministries/departments and make reports thereon; and
4.
to
consider policy documents presented to the Houses, if referred to the Committee
by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be, and
make reports thereon.
Other Standing
Committees in each House, divided in terms of their functions, are
·
Committees
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., given by Ministers in the House and pursues them till they
are implemented;
b.
Committee
on Subordinate Legislation scrutinises and reports to the House whether the
power to make regulations, rules, sub-rules, bye-laws, etc., conferred by the
Constitution or Statutes is being properly exercised by the delegated
authorities; and
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 of the Constitution, Act, rule or
regulation under which the paper has been laid;
·
Committees
relating to the day-today 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 classifies and
allocates time to Bills introduced by private members, recommends allocation of
time for discussion on private members’ resolutions and examines Constitution
amendment bills before their introduction by private members in the Lok Sabha.
The Rajya Sabha does not have such a committee. It is the Business Advisory
Committee of that House which recommends allocation of time for discussion on
stage or stages of private members’ bills and resolutions;
c.
Rules
Committee considers matters of procedure and conduct of business in the House
and recommends amendments or additions to the Rules; and
d.
Committee
on Absence of Members from the Sittings of the House of the Lok Sabha considers
all applications from members for leave or absence from sittings of the House.
There is no such Committee in the Rajya Sabha. Applications from members for
leave or absence are considered by the House itself;
·
Committee
on the Welfare of Scheduled Castes and Scheduled Tribes, on which members from
both Houses serve, considers all matters relating to the welfare of Scheduled
Castes and Scheduled Tribes which come within the purview of the Union
Government and keeps a watch whether constitutional safeguards in respect of
these classes are properly implemented;
·
Committees
concerned with the provision of 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; and
b.
House
Committee deals with residential accommodation and other amenities for members;
·
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 and
pension to Members of Parliament, also frames rules in respect of amenities
like medical, housing, telephone, postal, constituency and secretarial
facility;
·
Joint
Committee on Offices of Profit examines the composition and character of
committees and other bodies appointed by the Central and State governments and
Union Territories Administrations and recommends what offices ought to or ought
not to disqualify a person from being chosen as a member of either House of
Parliament;
·
The
Library Committee consisting of members from both Houses, considers matters
concerning the Library of Parliament;
·
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;
·
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, (e.g., Committees on the Conduct of certain Members during
President's Address, Committees on Draft Five-Year Plans, Railway Convention
Committee, Committee on Members of Parliament Local Area Development Scheme,
Joint Committee on Bofors Contracts, Joint Committee on Fertilizer Pricing,
Joint Committee to enquire into irregularities in securities and banking
transactions, Joint Committee on Stock Market Scam, Joint Committees on
Security in Parliament Complex, Committee on Provision of Computers for Members
of Parliament, Offices of Political Parties and Officers of the Lok Sabha
Secretariat; Committee on Food Management in Parliament House Complex;
Committee on Installation of Portraits/Statues of National Leaders and
Parliamentarians in Parliament House Complex, etc.), and
b.
Select
or Joint Committees on Bills which are appointed to consider and report on a
particular Bill. These Committees are distinguishable from the other ad hoc
committees inasmuch as they are concerned with Bills and the procedure to be
followed by them as laid down in the Rules of Procedure and Directions by the
Speaker/Chairman.
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.
Government
Business in Parliament
The Minister of
Parliamentary Affairs is entrusted with the responsibility of coordinating,
planning and arranging Government Business in both Houses of Parliament. In the
discharge of this function, he is assisted by his Ministers of State. The
Minister also keeps close and constant contact with the presiding officers, the
leaders as well as chief whips and whips of various parties and groups in both
the Houses of Parliament. During the period 1 June 2006 to 31 May 2007, both
Houses of Parliament passed 57 Bills.
Consultative
Committees
The Ministry of
Parliamentary Affairs constitutes Consultative Committees of Members of both
the Houses of Parliament, which are attached to various Ministries, and
arranges meetings thereof. The Minister/Minister of State in-charge of the
Ministry concerned acts as the chairman of the Consultative Committee of that
Ministry.
The main purpose
of these Committees is to provide a forum for informal discussions between the
Government and Members of Parliament on policies and programmes of the
Government and the manner of their implementation. Meetings of these Committees
are held both during the session and inter-session period of Parliament. After
the constitution of the 14th Lok Sabha, 32 Consultative Committees attached to
various Ministries were constituted. Besides this, 16 Informal Consultative
Committees of the sixteen Railway Zones have also been constituted. Unlike the
Consultative Committees attached to the Ministries, meetings, of these Informal
Consultative Committees are to be arranged during Session periods only. 322
meetings of the Consultative Committees were held till 31 May 2007 after the
constitution of the 14th Lok Sabha including 116 meetings held during the
year 2006.
Nomination of
Members of Parliament on Government Committees/Bodies
The Minister of
Parliamentary Affairs nominates Members of Parliament on Committees, Councils,
Boards and Commissions, etc., set-up by the Government of India in various
Ministries (except in case of statutory or other bodies where the statute or
the bye-laws framed thereunder provides that the Member of Parliament to be
appointed thereon will be nominated by the Presiding Officers of the respective
Houses or will be elected by the Lok Sabha or the Rajya Sabha, as the case may
be). The Members are nominated on such Bodies keeping in view their aptitude
and special interest in the subject.
Youth Parliament
Competition
In order to
develop democratic ethos in the younger generation the Ministry conducts Youth
Parliament Competition in various categories of schools and
colleges/universities. The Youth Parliament Scheme was first introduced in the
Schools in Delhi in 1966-67. The Kendriya Vidyalayas located in and around
Delhi were incorporated into the ongoing Scheme for Delhi Schools in 1978. Subsequently,
as a separate scheme of Youth Parliament for Kendriya Vidyalayas at the
National Level was launched in 1988. Similarly, in 1997-98, two new Youth
Parliament Schemes at the national level, one for Jawahar Navodaya Vidyalayas
and the other for Universities/Colleges were launched.
During 2007-08,
the 42nd Youth Parliament Competition for Delhi Schools was completed and
33 schools had participated. The 20th National Youth Parliament
Competition for Kendriya Vidyalayas was held and 90 Kendriya Vidyalayas
participated. The 11th National Youth Parliament Competition for Jawahar
Navodaya Vidyalayas was completed. The Ninth National Youth Parliament
Competition for Universities/Colleges is in progress.
Other
Parliamentary Matters
All India Whips
Conference
The Ministry of
Parliamentary Affairs, Government of India has been organising All India Whips
Conference from time to time, with the purpose of establishing suitable links
among the whips of various political parties at the Centre and the States who
are concerned with the practical working of the legislatures to discuss matters
of common interest and to evolve high standards to strengthen the institution
of Parliamentary Democracy. Fourteen All India Whips Conferences have been
organized so far since 1952. The Fourteenth All India Whips Conference was held
on 4-5 February, 2008 at Mumbai. The inaugural function of the 14th All India
Whips Conference was presided over by Hon'ble Vice President of India and the
Valedictory function by the Hon'ble Speaker Lok Sabha.
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. Though it is
not mandatory, Ministers sometimes react to the points made by the Members. In
the absence of concerned Minister the Minister of Parliamentary Affairs assures
the House or the individual Members that their sentiments would be conveyed to
the concerned Ministers.
Implementation
of Assurances
The Ministry
culls out assurances, promises, undertakings, etc., given by Ministers in both
the Houses of Parliament, from the daily proceedings and forwards them to the
concerned Ministries/Departments for implementation, Statements showing action
taken by the Government in implementation of the assurances, after due scrutiny
of the implementation of the assurances, after due scrutiny of the
implementation reports received from the various Ministries/Departments
concerned, are laid periodically on the table of the Houses by
Minister/Minister of State for Parliamentary Affairs
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.
The business of the Government are transacted in the Ministries/Departments,
Secretariats and offices (referred to as 'Department') as per the distribution
of subjects specified in these Rules. Each of the Ministries is assigned to a
Minister by the President on the advice of the Prime Minister. Each department
is generally under the charge of a Secretary to assist the Minister on policy
matters and general administration.
Cabinet Secretariet
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 in the First Schedule to the Rules. The subjects allotted to this
Secretariat are: (i) Secretarial assistance to Cabinet and Cabinet Committees;
and (ii) Rules of Business.
The Cabinet
Secretariat is responsible for the administration of the Government of India
(Transaction of Business) Rules, 1961 and the Government of India (Allocation
of Business) Rules 1961, facilitating smooth transaction of business in
Ministries/Departments of the Government by ensuring adherence to these rules.
The Secretariat assists in decision-making in Government by ensuring
Inter-Ministerial coordination, ironing out differences amongst
Ministries/Departments and evolving consensus through the instrumentality of
the standing and ad hoc Committees of Secretaries. Through this mechanism, new
policy initiatives are also promoted.
The Cabinet
Secretariat ensures that the President, the Vice-President and Ministers are
kept informed of the major activities of all Ministries/Departments by means of
monthly summary of their activities. Management of major crisis situations in
the country and coordinating activities of various Ministries in such a
situation is also one of the functions of the Cabinet Secretariat.
The Cabinet
Secretariat is seen as a useful mechanism by the departments for promoting
inter-Ministerial coordination since the Cabinet Secretary is also the head of
the civil services. The Secretaries felt it necessary to keep the Cabinet
Secretary informed of developments from time to time. The Transaction of
Business Rules also require them to keep the Cabinet Secretary informed
specially if there are any departures from these rules.
National
Authority, Chemical Weapons Convention
National
Authority, Chemical Weapons Convention (CWC) was set up by a resolution of
Cabinet Secretariat dated 5 May 1997 to fulfil the obligations enunciated in
the Chemical Weapons Convention initially signed by 130 countries 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. To fulfil
its obligations, each State Party has to designate or establish a National
Authority to serve as the national focal point for effective liaison with
Organisation for Prohibition of the Chemical Weapons (OPCW) and other State
Parties and hence the NA, CWC under the administrative control of the
Cabinet Secretariat was set-up.
A high-level
steering committee under the Chairmanship of the Cabinet Secretary with
Secretary (Chemical and Petrochemicals), Foreign Secretary, Secretary, Defence
Research and Development, Defence Secretary and Chairman, National Authority as
its other members would oversee the functions of the National Authority. The
NA, CWC is responsible for implementation of CWC Act, liaison with CWC and
other State Parties, Collection of data fulfilling of declaration obligations,
negotiating facility agreements, coordinating OPCW inspections, providing
appropriate facilities for training national inspectors and industry personnel,
ensuring protection of confidential business information, checking declarations
for consistency, accuracy and completeness, registration of entitles engaged in
activities related to CWC, etc.
Ministries/Departments
of the Government
The Government
consists of a number of Ministries/Departments, number and character varying
from time to time on factors such as volume of work importance attached to
certain items, changes of orientation, political expediency, etc. On 15 August
1947, the number of Ministries at the Centre was 18.
Public Services
ALL INDIA
SERVICES
Prior to
Independence, the Indian Civil Service (ICS) was the senior most amongst the
Services of the Crown in India. Besides the ICS, there was also the Indian
Police Service. After Independence, it was felt that though the ICS was a
legacy of the imperial period, there was need for the All India Services for
maintaining the unity, integrity and stability of the nation. Accordingly, a
provision was made in Article 312 of the Constitution for creation of one or
more All India Services common to the Union and State. The Indian
Administrative Service and The Indian Police Service are deemed to be
constituted by the Parliament in terms of Article 312 of the Constitution.
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. This aspect
of the All India Services strengthens the unitary character of the Indian
federation.
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 Pensions is the cadre controlling authority
for the IAS. The recruitment to all the three services is made by
the UPSC. These officers are recruited and trained by the Central Government,
and then allotted to different State cadres. There are now 24 State cadres
including three Joint cadres, namely, (i) Assam and Meghalaya, (ii) Manipur and
Tripura, and (iii) Arunachal Pradesh, Goa, Mizoram and the Union Territories
(AGMUT).
CENTRAL
SECRETARIAT SERVICES
The Central
Secretariat has three services, namely, (i) Central Secretariat Service (CSS),
(ii) Central Secretariat Stenographers' Service (CSSS) and (iii) the Central
Secretariat Clerical Service (CSCS). The grades of Selection Grade and Grade I
of CSS and as well as the Senior Principal Private Secretary and Principal
Private Secretary of CSSS are centralised. The Section Officers Grade and
Assistants Grade of the CSS, Steno Grade 'D', 'C', 'A' and 'B' (merged) of CSS
and LDS & UDC are decentralised.
Appointments and
promotions in the Centralised Grades are made on all secretariat basis by
Department of Personnel and Training (DOP&T). In respect of the
decentralised grades, DOP&T monitors and assesses the overall requirements
of different cadres for fixing zones of promotion against the vacancies in
seniority quota and arranges centralised requirement against direct recruitment
and departments examinations quota vacancies through open competitive and
departmental examinations.
Pursuant to the
recommendations of the Parliamentary Standing Committee on Home Affairs, the
Government set-up a Committee on the Cadre Restructuring of CSS in February
2001. The committee submitted its Report in February 2002 and made several
recommendations. The Government after careful considerations has taken several
decisions in October 2003 for improving the career prospects of the CSS
personnel and many of these recommendations have either been implemented, or
are in various stages of implementation.
The Government
had also constituted a 'Group of Officers' on Cadre Structure of the Central
Secretariat Stenographers' Service (CSSS), which submitted its Report in
February 2004. After considering the recommendations of the Group of Officers,
the Government has taken several decisions on Cadre Structure of CSSS, for
improving the career prospects of the CSSS personnel. Necessary executive
orders for operationalisation of almost all the decisions have been issued.
Official
Language
Official
Language - Constitutional/Statutory Provisions
Article 343(1)
of the Constitution provides that Hindi in Devanagari script shall be the
Official Language of the Union. Article 343(2) also provided for continuing the
use of English in official work of the Union for a period of 15 years (i.e., up
to 25 January 1965) from the date of commencement of the Constitution. Article
343(3) empowered the parliament to provide by law for continued use of English
for official purposes even after 25 January 1965. Accordingly, section 3(2) of
the Official Languages Act, 1963 (amended in 1967) provides for continuing the
use of English in official work even after 25 January 1965. The Act also lays
down that both Hindi and English shall compulsorily be used for certain
specified purposes such as Resolutions, General Orders, Rules, Notifications,
Administrative and other Reports, Press Communiqués; Administrative and other
Reports and Official Papers to be laid before a House or the Houses of
Parliament; Contracts, Agreements, Licences, Permits, Tender Notices and Forms
of Tender, etc.
In 1976,
Official Language Rules were framed under the provisions of section 8(1) of the
Official Languages Act, 1963. Its salient features are as under:
a.
They
apply to all Central Government Offices, including any office of a Commission,
Committee or Tribunal appointed by the Central Government and Corporation or
Company owned or controlled by it;
b.
Communications
from a Central Government Office to State/Union Territories or to any person in
Region "A" comprising the States of Uttar Pradesh, Uttarakhand,
Himachal Pradesh, Madhya Pradesh, Chhattisgarh, Bihar, Jharkhand, Rajasthan,
Haryana and UTs of Andaman and Nicobar Islands and Delhi, shall be in Hindi;
c.
Communications
from a Central Government Office to States/UTs in Region "B"
comprising the States of Punjab, Gujarat, Maharashtra and the Union Territory
of Chandigarh, shall ordinarily be in Hindi. However, communication to any
person in Region "B" may be either in English or Hindi;
d.
Communications
from a Central Government Office to a State Government Office in region 'C'
comprising all other States and UTs not included in region 'A' & 'B' or to
any office (note being a Central Government Office) or person shall be in
English;
e.
Communications
between Central Government Offices and from Central Government Offices to the
Offices of the State Governments/Union Territories and individuals, etc., will
be in Hindi in such proportions as may be determined from time to time;
f.
All
Manuals, Codes and other Procedural literature relating to Central Government
Offices are required to be prepared both in Hindi and English. All Forms,
Headings of Registers, Name Plates, Notice Boards and various items of
stationery, etc., are also required to be in Hindi and English;
g.
It
shall be the responsibility of the officer signing the documents specified in
section 3(3) of the Act to ensure that these are issued both in Hindi and
English
h.
Shall
be the responsibility of the administrative head of each Central Government
Office to ensure that the provisions of the Act, the Rules and directions
issued under Sub-Rule-2 are properly complied with and to devise suitable and
effective check points for this purpose
Policy
In compliance
with the Official Language Resolution, 1968, an Annual Programme is prepared by
the Department of Official Language in which targets are set for the offices of
the Central Government with regard to originating correspondence, telegrams,
telex, etc., in Hindi. A Quarterly Progress Report is called for from the
offices of the Central Government regarding achievements vis-Ã -vis the said
targets. An Annual Assessment Report is prepared on the basis of the Quarterly
Progress Reports, which is laid on the Tables of both Houses of the Parliament
and copies endorsed to State Governments and the Ministries/Departments of the
Central Government.
Eight Regional
Implementation Offices have been established at Bangalore, Cochin, Mumbai,
Kolkata, Guwahati, Bhopal, Delhi and Ghaziabad to monitor the implementation of
Official Language Policy of the Union.
Committees/Samities
A Committee of
Parliament on Official Language was constituted in 1976 under section 4 of the
Official Languages Act, 1963 to periodically review the progress in the use of
Hindi as the Official Language of the Union and to submit a report to the
President. The Committee consists of 20 Members of the Lok Sabha and 10 of the
Rajya Sabha. The Committee have decided to submit its report in parts. It has
so far submitted to the President eight parts of its report. The Presidential
Orders on seven parts of its report have been issued and work is in progress on
the eighth part.
The Kendriya
Hindi Samiti was constituted in the year 1967. It is chaired by the Prime
Minister. It is the apex policy making body which lays down the guidelines for
the propagation and progressive use of Hindi as Official Language of the Union.
Under the
directions of the Kendriya Hindi Samiti, Hindi Salahakar Samitis have been
constituted in all Ministries/Departments under the chairmanship of the
Ministers concerned. These Samitis periodically review the progress in the use
of Hindi in their respective Ministries/Departments and the
offices/undertakings and suggest measures to promote the use of Hindi.
Besides, the
Central Official Language Implementation Committee [headed by Secretary, Department
of Official Language and consisting of Joint Secretaries (In-charge Official
Language) of all the Ministries/Departments as ex-officio members] reviews the
status of use of Hindi for official purposes of the Union, training of its
employees in Hindi and implementation of instructions issued from time to time
by the Department of Official Language and suggests measure for removing the
shortcomings and difficulties noticed in implementing these instructions.
Town Official
Language Implementation Committees are constituted in different towns having
ten or more Central Government offices, etc., to review the progress made in
the use of Hindi in their member offices and exchange experiences. So far 255
Town Official Language Implementation Committees have been constituted all over
the country.
Award Schemes
The Indira
Gandhi Rajbhasha Awards Scheme has been in operation since 1986-87. Shields are
given every year to Ministries/Departments, Banks and Financial Institutions,
Public Sector Undertakings and Town Official Language Implementation Committees
for outstanding achievements in the implementation of the Official Language
Policy of the Union. Cash awards are given to the working/retired employees of
the Central Government, Banks, Financial Institutions, Universities, Training
Institutions and Autonomous Bodies of the Central Government for writing
original books in Hindi.
The National
Awards Scheme for Original Book writing on Gyan-Vigyan has been renamed as
Rajiv Gandhi National Awards Scheme for Original Book Writing in Hindi for
promoting writing of books in Hindi on all branches of modern
Science/Technology and contemporary subjects. This Scheme is open to all
citizens of India.
At Regional
level, Regional Official Language Awards are given each year to the
Regional/Subordinate Offices, Public Sector Undertakings, Town Official
Language Implementation Committees, Banks and Financial Institutions of the
Central Government for outstanding achievements in implementing the Official
Language Policy of the Union and accelerating the progressive use of Hindi
.
Training
Under the Hindi
Teaching Scheme, administered by the Department of Official Language, training
in Hindi language is being imparted through 119 full-time and 49 part-time
centres throughout the country. Likewise, training in Hindi Stenography and
Hindi Typing is being provided through 23 full-time and 38 part-time centres.
Thus, training in Hindi is being provided in 229 centres located in different
parts of the country. Five Regional Offices of Hindi Teaching Scheme at
Kolkata, Mumbai, Delhi, Chennai and Guwahati are providing academic and
administrative support to the Hindi Teaching Scheme in the East, West,
North-Central, South and North-East Regions. To fulfill the increasing demand
of Hindi training of North Eastern region a new Regional Headquarter has been
established at Guwahati and new Hindi training centres have been established at
Imphal, Aizwal and Agartala.
The Kendriya
Hindi Prashikshan Sansthan was established on 31 August 1985, as a subordinate
office of the Department of Official Language, with the objective of providing
Hindi Training through condensed courses in Hindi language/typing and
stenography as also training through correspondence in Hindi language and Hindi
Typewriting. Its sub-institutes were opened in Mumbai, Kolkata and Bangalore in
1988 and in Chennai and Hyderabad in 1990. Training of Hindi typing on
computers is being imparted at almost all the typing/stenography centres in the
country.
The Central
Translation Bureau was set up in March 1971 for translation of different types
of non-statutory literature, manuals/codes, forms, etc., of various
Ministries/Departments, Offices of the Central Government and Public Sector
Undertakings, Banks, etc. The Bureau has also been entrusted with the
responsibility of conducting translation training courses for the
officers/employees associated with the translation work. Initially, translation
training courses of 3 months were being conducted at the Headquarters in New
Delhi. In order to strengthen training facilities and meet regional
requirements, Translation Training Centres have been established in Mumbai,
Bangalore and Kolkata. Besides, Central Translation Bureau also conducts
short-term translation courses for Central Government employees.
Technical
In order to
facilitate the use of Official Language with the help of Mechanical and
Electronic equipment, especially computers, a Technical Cell was set up in the
Department of Official Language in October 1983. The main activities of the
Cell are as under:
·
Development
of "Language application tools" - Under this programme LILA
Rajbhasha, a self-learning package through the medium of Bangla, English,
Kannada, Malayalam, Tamil and Telugu has been developed, MANTRA Rajbhasha, an
aid tool for English to Hindi translation has also been developed
·
Organising
computer training programmes in Hindi - Every year around 100 training
programmes are conducted to impart training for the use of Hindi on computers
·
Organising
exhibitions and seminars on bilingual computing - Technical seminars are held
to help the users and manufacturers come face to face to discuss the use of
Hindi software, etc.
Publications
The Department
of Official Language brings out 'Rajbhasha Bharati', a quarterly magazine,
dedicated for encouraging writings in the field of Official Language,
literature, technology, information technology, etc., in Hindi and also to give
wide publicity to the efforts being made in different Central Government
Offices for the use and propagation of Official Language Hindi. So far 112
issues of Rajbhasha Bharati have been published. Likewise, Annual Programme for
implementation of the Official Language policy is brought out every year.
Annual Assessment Report regarding the use of Official Language in different
Ministries/Departments and offices of the Central Government/Public Sector
Undertakings, etc., is also brought out every year and laid on the tables of
both the houses of Parliament. Official Language Manual, Calendars, Films,
Posters, etc., are also brought out to give information regarding the
activities relating to propagation and progressive use of Hindi as the Official
Language.
Comptroller
& Auditor General
Comptroller and
Auditor-General is appointed by the President. Procedure and grounds for his
removal from office are the same as for a Supreme Court Judge. He is not
eligible for further office under the Union or a State Government after he
ceases to hold his office. The President on advice of Comptroller and
Auditor-General prescribes the form in which accounts of the Union and states
are to be kept. His reports on accounts of the Union and states are submitted
to the President and respective governors which are placed before Parliament
and state legislatures.
Administrative
Reforms & Public Grievances
Department of
Administrative Reforms and Public Grievances 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.
The mission of
the Department is to act as a facilitator, in consultation with Central
Ministries/Departments, States/UT Administrations, Organisations and Civil
Society Representatives, to improve Government functioning through process
re-engineering, systemic changes. Organisation and Methods, efficient Grievance
handling promoting modernisation, Citizens Charters, award schemes,
e-governance and best practices in government.
A Commission on
Review of Administrative Laws was set up by the Department of Administrative
Reforms and Public Grievances on 8 May 1998 with a view to identify proposals
for amendment of the existing laws, regulations and procedures having
inter-sectoral impact and also for repeal of all dysfunctional laws. The
various Ministries/Departments have decided to retain 822 Acts (which include
700 Appropriation Acts and 27 Reorganisation Acts). The remaining Acts are at
various stages of processing.
The Second
Administrative Reforms Commission (ARC) was setup in 2005 under the
Chairmanship of Shri Veerappa Moily to prepare a detailed blueprint for
revamping the public administrative system. The Commission set up to suggest
measures to achieve a proactive, responsive, accountable, sustainable and
efficient administration for the country at all levels of the government has
finished its term on April 30, 2009.
In all, the
Commission has presented the following 15 Reports to the Government: -
1.
Right
to Information-Master Key to Good Governance (09.06.2006)
2.
Unlocking
Human Capital - Entitlements and Governance-a Case Study (31.07.2006)
3.
Crisis
Management-From Despair to Hope (31.10.2006)
4.
Ethics
in Governance (12.02.2007)
5.
Public
Order-Justice for each..... peace for all. (25.06.2007)
6.
Local
Governance (27.11.2007)
7.
Capacity
Building for Conflict Resolution - Friction to Fusion (17.3.2008)
8.
Combating
Terrorism (17.9.2008)
9.
Social
Capital - A Shared Destiny (8.10.2008)
10.
Refurbishing
of Personnel Administration - Scaling New Heights (27.11.2008)
11.
Promoting
e-Governance - The Smart Way Forward (20.01.2009)
12.
Citizen
Centric Administration - The Heart of Governance (30.3.2009)
13.
Organisational
Structure of Government of India (19.5.2009)
14.
Strengthening
Financial Management Systems (26.5.2009)
15.
State
& District Administration (29.5.2009)
A group of
Ministers has been constituted to review the pace of implementation of the
recommendations of ARC as well as to provide guidance to the concerned
Ministries/Department in implementing the decisions.
The Department
also instituted in 2005, "Prime Minister's Awards for Excellence in Public
administration" to recognise the extraordinary and innovative work done by
the officers of the Central and State Governments. The Award comprise -
i.
A
Medal,
ii.
A
scroll, and,
iii.
Cash
Award of Rs. 1,00,000.
In case of a
group of officials total award money for the group is Rs. 5 lakh
subject to a maximum of Rs. One lakh per person. The amount for an
organisation is upto a limit of Rs. 5 lakh. All officers of the
Central and State Governments individually or as a group or as organisations
are eligible to be considered for the awards. The Awards are given away on the
occasion of Civil Service Day being celebrated every year on April 21.
Under
e-Governance, the Department is in process of implementing e-office, one of the
Mission projects, under the National e-Governance Plan (NeGP). The initiative,
e-Office aims at significantly improving the operational efficiency of Central
government ministries/departments through improvement in workflow mechanisms
and associated office procedure manuals. This initiative would be crucial in
pushing GPR, especially in G2G processes which eventually affects quality of
services delivered to the citizens. This Department is the nodal agency for
implementing the project.
The Department
also organizes an annual conference on e-Governance, in one of the state capitals,
which is attended by senior officials from the Central/state governments,
experts from industry and academia, etc. National awards for e-Governance are
also given away during such conferences. These awards are in recognition of the
best-in-class e-Governance initiatives that involve analysis and redesign of
workflow and aim at improving the outcomes, related to efficiency,
effectiveness of process, cost, quality, service delivery or a combination of
these.
The Department
has developed a Model-(SEVOTTAM) for benchmarking service delivery standards by
the Government departments. The main objective of the project is to set
standards in consultation with user group and include these standards in the
citizen's charter. It also provides a framework to assess the performance
against the standards and to measure improvement and achievements of these
standards. The model is aimed to bring about excellence in service delivery
standards in government organizations and is to be implemented in all Central
ministries/departments.
The Sevottam
model was studied by the Second Administrative Reforms Commission and was of
the view that this model is a step in the right direction. The Commission also
recommended that the Union and state government should make the seven-step
model mandatory for all organizations having public interface. The DARPG has
introduced this model through pilots in ten Central ministries and departments.
Out of the ten departments the pilot in the Department of Posts has been
completed and Gol Dakkhana, New Delhi was awarded the first Sevottam
certification in March 2008. The pilot in the remaining 9 Departments are at
various stages of implementation.
The Department
of Administrative Reforms and Public Grievances has the mandate of promoting
good governance practices in the country. Documentation, incubation and
dissemination of best practices is one of the tasks enumerated in its Vision
and Mission Statement. In pursuance of this and in order to promote good
governance practices in the country, the Department has adopted multi-pronged
strategies like bringing out publications, organizing seminars, regional
conferences, arranging presentations, organizing lecture series and producing
documentary films.
Through its
regular publications, "Management in Government-a Quarterly Journal"
and "Civil Service News-a Monthly News letter", the Department is
creating awareness about best practices, Besides, it has brought out five books
namely, 'Ideas That Have Worked', Learn From Them, 'Splendour in the Grass',
Roofless Towers and 'BYOB - Bringing Your Bytes', These books share experiences
of success or failure of innovators.
A portal of best
practices called 'Governance knowledge Centre' has been launched to effectively
pursue the objective of dissemination of best practices facilitating their
replication. The Department has also produced a DVD containing 73 select
reports of commissions/committee on administrative reforms since 1812 till
date.
Administrative
Tribunals
The enactment of
Administrative Tribunals Act in 1985 opened a new chapter in the sphere of
administering justice to the aggrieved government servants. Administrative
Tribunals Act owes its origin to Article 323-A of the Constitution which
empowers Central Government to set-up by an Act of Parliament, Administrative
Tribunals for adjudication of disputes and complaints with respect to
recruitment and conditions of service of persons appointed to the public
service and posts in connection with the affairs of the Union and the States.
In pursuance of the provisions contained in the Administrative Tribunals Act,
1985, the Administrative Tribunals set-up under it exercise original
jurisdiction in respect of service matters of employees covered by it. As a
result of the judgement dated 18 March 1997 of the Supreme Court, the appeals
against the orders of an Administrative Tribunal shall lie before the Division
Bench of the concerned High Court.
The
Administrative Tribunals exercise jurisdiction only in relation to the service
matters of the litigants covered by the Act. The procedural simplicity of the
Act can be appreciated from the fact that the aggrieved person can also appear
before it personally. The Government can present its case through its
departmental officers or legal practitioners. Thus, the objective of the
Tribunal is to provide for speedy and inexpensive justice to the litigants.
The Act provides
for establishment of Central Administrative Tribunal (CAT) and the State
Administrative Tribunals. The CAT was set-up on 1 November 1985. Today, it has
17 regular benches, 15 of which operate at the principal seats of High Courts
and the remaining two at Jaipur and Lucknow. These Benches also hold circuit
sittings at other seats of High Courts. In brief, the tribunal consists of a
Chairman, Vice-Chairman and Members. The Members are drawn, both from judicial
as well as administrative streams so as to give the Tribunal the benefit of
expertise both in legal and administrative spheres.
The States
The system of
government in states closely resembles that of the Union.
Executive
GOVERNOR
State executive
consists of Governor and Council of Ministers with Chief Minister as its head.
The Governor of a State is appointed by the President for a term of five years
and holds office during his pleasure. Only Indian citizens above 35 years of
age are eligible for appointment to this office. Executive power of the State
is vested in Governor.
Council of
Ministers with Chief Minister as head aids and advises Governor in exercise of
his functions except in so far as he is by or under the Constitution required
to exercise his functions or any of them in his discretion. In respect of
Nagaland, Governor has special responsibility under Article 371 A of the
Constitution with respect to law and order and even though it is necessary for
him to consult Council of Ministers in matters relating to law and order, he
can exercise his individual judgement as to the action to be taken.
Similarly, in
respect of Arunachal Pradesh, Governor has special responsibility under Article
371H of the Constitution with respect to law and order and in discharge of his
functions in relation thereto. Governor shall, after consulting Council of
Ministers, exercise his individual judgement as to the action to be taken.
These are, however, temporary provisions if President, on receipt of a report
from Governor or otherwise is satisfied that it is no longer necessary for
Governor to have special responsibility with respect to law and order, he may
so direct by an order.
Likewise, in the
Sixth Schedule which applies to tribal areas of Assam, Meghalaya, Tripura and
Mizoram as specified in para 20 of that Schedule, discretionary powers are
given to Governor in matters relating to sharing of royalties between district
council and state government. Sixth Schedule vests additional discretionary
powers in Governors of Mizoram and Tripura in almost all their functions
(except approving regulations for levy of taxes and money lending by non-tribal
by district councils) since December 1998. In Sikkim, Governor has been given
special responsibility for peace and social and economic advancement of
different sections of population.
All Governors
while discharging such constitutional functions as appointment of Chief
Minister of a State or sending a report to President about failure of
constitutional machinery in a State or in respect of matters relating to assent
to a Bill passed by legislature, exercise their own judgement.
Council Of
Ministers
The Chief
Minister is appointed by the Governor who also appoints other ministers on the
advice of the Chief Minister. The Council of Ministers is collectively
responsible to legislative assembly of the State.
Legislature
For every state,
there is a legislature, which consists of Governor and one House or, two Houses
as the case may be. In Bihar, Jammu and Kashmir, Karnataka, Maharashtra and
Uttar Pradesh, there are two Houses known as legislative council and
legislative assembly. In the remaining states, there is only one House known as
legislative assembly. Parliament may, by law, provide for abolition of an
existing legislative council or for creation of one where it does not exist, if
proposal is supported by a resolution of the legislative assembly concerned.
Legislative
Council
Legislative
Council (Vidhan Parishad) of a state comprises not more than one-third of total
number of members in legislative assembly of the state and in no case less than
40 members (Legislative Council of Jammu and Kashmir has 36 members vide
Section 50 of the Constitution of Jammu and Kashmir). About one-third of
members of the council are elected by members of legislative assembly from
amongst persons who are not its members, one-third by electorates consisting of
members of municipalities, district boards and other local authorities in the
state, one-twelfth by electorate consisting of persons who have been, for at
least three years, engaged in teaching in educational institutions within the
state not lower in standard than secondary school and a further one-twelfth by
registered graduates of more than three years standing. Remaining members are
nominated by Governor from among those who have distinguished themselves in
literature, science, art, cooperative movement and social service. Legislative
councils are not subject to dissolution but one-third of their members retire
every second year.
Legislative
Assembly
Legislative
Assembly (Vidhan Sabha) of a state consists of not more than 500 and not less
than 60 members (Legislative Assembly of Sikkim has 32 members vide Article
371F of the Constitution) chosen by direct election from territorial
constituencies in the state. Demarcation of territorial constituencies is to be
done in such a manner that the ratio between population of each constituency
and number of seats allotted to it, as far as practicable, is the same
throughout the state. Term of an assembly is five years unless it is dissolved
earlier.
Powers and
Functions
State
legislature has exclusive powers over subjects enumerated in List II of the
Seventh Schedule of the Constitution and concurrent powers over those
enumerated in List III. Financial powers of legislature include authorisation
of all expenditure, taxation and borrowing by the state government. Legislative
assembly alone has power to originate money bills. Legislative council can make
only recommendations in respect of changes it considers necessary within a
period of fourteen days of the receipt of money bills from Assembly. Assembly
can accept or reject these recommendations.
Reservation of
Bills
The Governor of
a state may reserve any Bill for the consideration of the President. Bills
relating to subjects like compulsory acquisition of property, measures
affecting powers and position of High Courts and imposition of taxes on
storage, distribution and sale of water or electricity in Inter-state River or
river valley development projects should necessarily be so reserved. No Bills
seeking to impose restrictions on inter-state trade can be introduced in a
state legislature without previous sanction of the President.
Control Over
Executive
State
legislatures, apart from exercising the usual power of financial control, use
all normal parliamentary devices like questions, discussions, debates,
adjournments and no-confidence motions and resolutions to keep a watch over
day-to-day work of the executive. They also have their committees on estimates
and public accounts to ensure that grants sanctioned by legislature are
properly utilised.
Local Government
Municipalities
Municipal bodies
have a long history in India. The first such Municipal Corporation was set-up
in the former Presidency Town of Madras in 1688; and was followed by similar
corporations in the then Bombay and Calcutta in 1726. The Constitution of India
has made detailed provisions for ensuring protection of democracy in Parliament
and in the state legislatures. However, Constitution did not make the local
self-government in urban areas a clear-cut constitutional obligation. While the
Directive Principles of State Policy refer to villagePanchayats, there is no
specific reference to Municipalities except the implicitly in Entry 5 of the
State List, which places the subject of local self-governments as a
responsibility of the states.
In order to
provide for a common framework for urban local bodies and help to strengthen
the functioning of the bodies as effective democratic units of self-government,
Parliament enacted the Constitution (74th Amendment) Act, 1992 relating to
municipalities in 1992. The Act received the assent of the President on 20
April 1993. The Government of India notified 1 June 1993 as the date from which
the said Act came into force. A new part IX-A relating to the Municipalities
has been incorporated in the Constitution to provide for among other things,
constitution of three types of Municipalities, i.e., Nagar Panchayats for
areas in transition from a rural area to urban area, Municipal Councils for
smaller urban areas and Municipal Corporation for large urban areas, fixed
duration of municipalities, appointment of state election commission,
appointment of state finance commission and constitution of metropolitan and
district planning committees. State/UTs have set-up their election Commissions.
Elections to municipal bodies have been completed in all States/UTs except
Jharkhand and Puducherry.
Panchayats
Article 40 of
the Constitution, which enshrines one of the Directive Principles of State
Policy, lays down 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.
In the light of
the above, a new Part IX relating to the Panchayats has been inserted in the
Constitution to provide for among other things, Gram Sabha in a
village or group of villages; constitution of Panchayats at village and other
level or levels; direct elections to all seats in Panchayats at the village and
intermediate level, if any, and to the offices of Chairpersons of Panchayats at
such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes
in proportion to their population for membership of Panchayats and office of
Chairpersons in Panchayats at each level; reservation of not less than
one-third of the seats for women; fixing tenure of five years for Panchayats
and holding elections within a period of six months in the event of super
session of any Panchayat.
Election
Commission
The
superintendence, direction and control of preparation of electoral rolls for,
and the conduct of, elections to Parliament and State Legislatures and
elections to the offices of the President and the Vice-President of India are
vested in the Election Commission of India. It is an independent constitutional
authority. Since its inception in 1950 and till October 1989, the Commission
functioned as a single member body consisting of the Chief Election
Commissioner. On 16 October 1989, the President appointed two more Election
Commissioners on the eve of the General Election to the House of the People
held in November- December 1989. However, the said two Commissioners ceased to
hold office on 1 January 1990 when those two posts of Election Commissioners
were abolished. Again on 1 October 1993, the President appointed two more
Election Commissioners. Simultaneously, the Chief Election Commissioner and
other Election Commissioners (Conditions of Service) Act, 1991 was amended to
provide that the Chief Election Commissioner and other Election Commissioners
will enjoy equal powers and will receive equal salary, allowances and other
perquisites as payable to a judge of the Supreme Court of India. The Act
further provided that in case of difference of opinion amongst the Chief
Election Commissioner and/or two other Election Commissioners, the matter will
be decided by the Commission by majority. The validity of that Act (renamed in
1993 as the Election Commission) (Conditions of Service of Election
Commissioners and Transaction of Business) Act, 1991 was challenged before the
Supreme Court. The Constitution Bench of the Supreme Court consisting of five
judges, however, dismissed the petitions and upheld the provisions of the above
law by a unanimous judgment on 14 July 1995.
Independence of
the Election Commission and its insulation from executive interference is
ensured by a specific provision under Article 324(5) of the Constitution that the
Chief Election Commissioner shall not be removed from his office except in like
manner and on like grounds as a Judge of the Supreme Court and conditions of
his service shall not be varied to his disadvantage after his appointment. The
other Election Commissioners cannot be removed from office except on
recommendation of the Chief Election Commissioner. The term of office of the
Chief Election Commissioner and other Election Commissioners is six years from
the date he/she assumes office or till the day he/she attains the age of 65
years, whichever is earlier.
Amendments
The Parliament
on 22 March 2003 enacted the Election Laws (Amendment) Act, 2003 and Conduct of
Elections (Amendment) Rules, 2003 which came into force with effect from 22
September 2003. By these amendments in the Act and Rules, those service voters
belonging to the Armed Forces and members belonging to a Force to which
provisions of the Army Act applies, have been provided the facility to opt to
vote through proxy. Such service voter who opt to vote through proxy have to
appoint a proxy in a prescribed format and intimate the Returning Officer of
the constituency.
The Election and
Other Related Laws (Amendment) Act, 2003 (46 of 2003) was enacted in 11
September 2003. By this amendment, new Section 29B and 29C were inserted in the
Principal Act providing for contribution by any person or company other than a
Government company to political parties, subject to the condition that any
contribution in excess ofRs.20,000 shall be reported to the Election Commission
for any claim for Tax relief under the Income Tax Act, 1961. The Act also
inserted Part A (Section 78A and 78B) regarding supply of copies of electoral
rolls and certain other items to candidates of recognised political parties.
This Act also amended Section 77(1) regarding maintenance of election expenses
by candidates whereby expenditure incurred by specified number of 'leaders' of
a political party on account of travel by air or by any other means of
transport for propagating programme of the political party alone shall be
exempted from being included in the account of election expenses incurred by
the candidate in connection with the election.
The Parliament
on 1 January 2004 enacted the Delimitation (Amendment) Act, 2003 whereby Section
4 of the Principal Act was amended to provide that the Delimitation will be
held on the basis of the 2001 Census figures.
The Parliament
on 28 August 2003 enacted the Representation of the People (Amendment) Act,
2003 whereby open ballot system was introduced at elections to the Council of
States. In this system an elector who belongs to a political party is required
to show the ballot paper after marking his vote to an authorised agent of that
political party. The requirement that a candidate contesting an election to the
Council of States from a particular State should be an elector in that
particular State was also dispensed with.
Electoral
Reforms
In C.W.P. No.
4912 of 1998 (Kushra Bharat Vs. Union of India and Others), the Delhi High
Court directed that information relating to government dues owed by candidates
to the departments dealing with Government accommodation, electricity, water,
telephone and transport (including aircrafts and helicopters) and any other
dues should be furnished by the candidates and this information should be
published by the election authorities under the Commission in at least two
newspapers having local circulation, for information of electors. Accordingly,
the Commission modified items 3(a)(iii) of the format of the affidavit
prescribed vide its order dated 27 March 2003 relating to right to information
of electors regarding the background of candidates and also issued necessary
directions to the District Election Officers regarding publication of the
information furnished by the candidates in the newspapers as directed by the
Delhi High Court.
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