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General Studies: Paper II

(Pre cum Mains)

 

 

 

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General Studies-II

Syllabus:

(Governance, Constitution, Polity, Social Justice and International Relations)

• Indian Constitution Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
• Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure, Devolution of Powers and Finances up to Local Levels and Challenges Therein.
• Separation of Powers between various organs Dispute Redressal Mechanisms and Institutions.
• Comparison of the Indian Constitutional Scheme with that of Other Countries.
• Parliament and State Legislatures-Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of these.
• Structure, Organization and Functioning of the Executive and the Judiciary— Ministries and Departments of the Government; Pressure Groups and  Formal/Informal Associations and their Role in the Polity.
• Salient Features of the Representation of People’s Act.
• Appointment to various Constitutional Posts, Powers,  Functions and Responsibilities of various Constitutional Bodies.
• Statutory, Regulatory and various Quasi-judicial Bodies.
• Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.
• Development Processes and the Development Industry – -the Role of NGOs, SHGs, various groups and associations, donors, charities, institutional and other stakeholders.
• Welfare Schemes for Vulnerable Sections of the population by the Centre and States and the Performance of these Schemes; Mechanisms, Laws, Institutions and Bodies constituted for the Protection and Betterment of these Vulnerable Sections.

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• Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources.
• Issues relating to Poverty and Hunger.
• Important Aspects of Governance, Transparency and Accountability, E- governance- applications, models, successes, limitations, and potential; Citizens Charters, Transparency & Accountability and institutional and other measures.
• Role of Civil Services in a Democracy.
• India and its Neighborhood- Relations.
• Bilateral, Regional and Global Groupings and Agreements involving India and/or affecting India’s interests.
• Effect of Policies and Politics of Developed and Developing Countries on India’s interests, Indian Diaspora.
• Important International Institutions, agencies and fora – their Structure, Mandate.

Figure

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Polity 1_A: Basics of Constitution

[Syllabus covered

Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure; Comparison of Indian constitutional scheme with other countries’ ]

The East India Company which came to India in 1600 managed to capture substantial administrative power in 1765 (in the aftermath of Battle of Buxar when British got revenue and civil justice rights for Bengal, Bihar and Odisha). The trading company since then consolidated its power in such a way so as to reach the nooks and corners of our country. This reach and consolidation of administrative power was hitherto seen in ancient and medieval empires such as Mauryas, Gupta and Mughal empires. The success of the British in India was primarily due to the administrative system they put in place.

Before 1947, India was divided into two main entities – The British India which consisted of 11 provinces and the Princely states ruled by Indian princes under subsidiary alliance policy. The two entities merged together to form the Indian Union, but many of the legacy systems in British India is followed even now. The historical underpinnings and evolution of the India Constitution can be traced to many regulations and acts passed before Indian Independence.

In the context of the Historical Underpinnings and Evolution of Indian Constitution, there are three phases:

1. Company Rule (1773-1858)
2. Crown Rule (1858-1947)
3. Constituent Assembly

The company rule (1773-1858)

During this time, various acts were passed the British parliament to control and supervise the activities of the East India Company (EIC). The company rule ended in 1858 in the aftermath of Sepoy Mutiny. Since then, the British Parliament took over the responsibility of administering India.

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Regulating Act, 1773

• It designated the Governor of Bengal as the ‘Governor-General of Bengal’
• It created an executive council (Not to be confused with legislative council) of four members to assist the governor-general of Bengal. The first such general was Warren Hastings
• It made the governors of Madras and Mumbai presidencies subordinate to the governor-general of Bengal (centralizing tendency started from this act)
• Supreme Court was established at Calcutta (1774). It had one chief justice and three other judges
• Barring servants of the company from engaging in private trade and accepting bribes
• Court of directors of EIC were required to report on revenue, civil and military affairs in India

Importnce of this act

• First step taken by British government to control and regulate the affairs of EIC
• Recognized for the first time, the political and administrative functions of the company
• Laid the foundation of central administration in India  central administration in India.

Amending Act of 1781

• It was also known as the Declaratory act, 1781
• The act was primarily passed to rectify the defects associated with the regulating act

Important Features of the Act are:

• Jurisdiction of the Supreme Court was restricted just to Calcutta.
• Civil servants working in their official capacity, revenue collectors, judicial officers were exempted from the jurisdiction of the court

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• Appeals from provincial courts were to be taken to the Governor-General- in-council
• Under the Regulating Act, the Governor General in Council was empowered to issue rules, ordinances and regulations but they were to be registered in the Supreme Court.

Importance of the act: It was the first attempt in India towards separation of the executive from the judiciary by defining the respective areas of jurisdiction

Pitt’s India Act, 1784

• It distinguished between political and commercial functions of the company
• Double government: Created a new Board of Directors to manage the political affairs while commercial affairs were managed by the court of directors of EIC
• Board of Directors was empowered to supervise and direct all operations of the civil and military government or revenues of the British possessions in India 

Importance of the act 

• First time company’s possession was called as British possessions
• British government was given the supreme control over Company’s affairs and its administration in India

Charter Act of 1813 

• Background: Napoleonic wars and the miseries it caused prompted the traders to pressurize the government to end the monopoly in trade that EIC enjoyed
• Features of the act 
• The company’s rule was extended to another 20 years. 
• Local governments were empowered to tax people subject to the jurisdiction of the Supreme Court.

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• British merchants were allowed to trade in India under a strict licensing system under the Charter Act of 1813. However, trade with China and the tea and opium trade, the company still retained its monopoly.
• It provided for a financial grant towards the revival of Indian literature and the promotion of science.

The company was asked to take up a greater role in the education of the Indians under them. It was to set aside Rs.1 Lakh for this purpose.

Charter act of 1833 

It made the governor-general of Bengal as governor general of India. All civil and military powers were vested in him

Lord William Bentinck was first governor-general of India

It deprived the governor of Bombay and Madras to make laws. All law making powers now vested with Governor-General of India

Laws made under these were called as acts

Ended the commercial activities of EIC completely

Attempted to introduce a system of open competition for selection of civil servants. This was opposed by Court of Directors

The laws made under previous acts were called regulations. However, since the passage of this act, it came to be known as Acts 

An Indian Law Commission was appointed under the provisions of the act. Lord Macaulay was the first chairman of this commission 

The act provided for the Presidency of Bengal to be divided into the Presidencies of Agra and Fort William. However, this never came into effect

The British Parliament abolished slavery in Britain and all its possessions in 1833.

Importance of the act: Centralization of the administration reached new heights. Codification of laws was taken up for the first time. It acknowledged the need to involve Indians in administration.

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Charter Act of 1853

It provided for the separation of executive and legislative functions of the council

It provided for the addition of six new member for legislative council (Indian Central legislative council)

Civil service was thrown open to Indians

Local representation in the Indian central legislative council (Bombay, Agra, Madras, Bengal) 

The Court of Directors could create a new presidency or province.

The Act provided for the appointment of a separate governor for the Bengal Presidency.

 

Importance of this act 

Though it extended the authority of EIC, no time was provided for its rule. This meant the rule of EIC could be terminated whenever British Parliament wanted to

The Macaulay Committee on Civil Service appointed in 1854

Establishment of a dedicated rule-making body

Crown Rule (1858-1947) 

The Sepoy mutiny prompted the British Parliament to end the activities of the EIC. Henceforth, powers of Indian government, territories and revenues were transferred to British crown. The acts passed during this time include:

Government of India Act, 1958 

It was also known as ‘Act for the Good government of India’ 

It ended the Dual government scheme initiated due to Pitt’s India act.

The powers of the Company’s Court of Directors were transferred to the Secretary of State for India. He was going to be the member of British Parliament. He was provided with an advisory body consisting of 15 members

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Secretary of state-in-council was setup as a body corporate, capable of suing and being sued in India and in England

A viceroy would be appointed who would serve as the representative of British crown. Lord Canning was first such viceroy

India became a direct British colony through the passage of this act

The act ended the controversial ‘Doctrine of Lapse‘

The Indian Civil Services was to be constituted for the administration of the country. There was also a provision for Indians to be admitted to the service.

Indian princes were allowed to retain their principalities so long as they accepted the suzerainty of the British.

Criticism of the act: It did not in any way alter the system of government in India. Most of the provisions were enacted to safeguard the jewel of British empire against any future threats or rebellions.

Indian Council Act: 1861 and 1892 

Indian Council Act: 1861 

It made a beginning of representative institutions by associating Indians with law-making.

Viceroy nominated some Indians as non- official members of his expanded council.

Lord Canning nominated- Raja of Benaras, the maharaja of Patiala and Sir Dinkar Rao.

Restored legislative making powers of Bombay and Madras.

Establishment of new Legislative councils for Bengal, North-Western Frontier Province and Punjab.

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Viceroy could make provisions for convenient transactions of business in the council. It gave recognition to the ‘portfolio system’ of Lord Canning.

Ordinances could be issued by the Viceroy without the concurrence of the council during an emergency. However, the life of such an ordinance was six months.

Indian Council Act: 1892 

Increased non-official members in the council.

Nomination for non-official members to central legislative council (Bengal chamber of commerce, governors for provincial legislative council based on recommendation of district boards, municipalities, universities, trade associations, zamindars and chambers).

Made a limited and indirect provision for the use of election in filling up non-official seats both in central and provincial councils.

Morley-Minto reforms, 1909 

It is one of the historic acts passed by the British parliament.

Some of its important features are: 

1. The legislative councils at the Centre and the provinces increased in size
2. It introduced non-official majority at the provincial legislature level
3. It enlarged the deliberative functions of the legislative councils at both the levels
4. It provided for the first time for Indians to be associated with the executive council. SP Sinha became the law member in Viceroy’s executive council
5. System of communal representation was introduced for Muslims
6. Separate representations were provided for presidency corporations, chambers of  commerce, universities and Zamindars

Analysis of the act 

It sowed the seed for partition in India in India

It belied the expectations of self-governance that congress had sought

No meaningful representations at the central legislature level

Government of India Act, 1919 

Important features of the act are: 

Objective: Gradual introduction of responsible government in India

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It relaxed the control of centre over the provinces by demarcating and separating the central and provincial subjects

。 Dyarchy: provincial subjects were divided into- transferred list and

reserved list. Reserved lists were administered by the governor and his executive council that were not answerable to the legislature whereas transferred lists were administered by governor on the advice of the ministers responsible to the council.

Bicameralism and direct elections were introduced for the first time 

The act mandated that the three of the six members of the Viceroy’s executive council were to be Indian.

Principle of separate electorates was extended to Sikhs, Indian Christians,

Anglo-Indians and Europeans.

It granted franchise to a limited number of people on the basis of property, tax or education 

High commissioner of India position created. Some powers of Secretary of State was transferred to the commissioner

Provincial budgets was separated for the first time from central budget.

Central public service commission was established.

Statutory commission to analyze the impact of this act after 10 years.

Simon Commission(1928): Major recommendations 

Abolition of dyarchy.

Extension of responsible government in provinces

Continuation of communal representation

Establishment of a federation of British India and princely states

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Government of India Act, 1935 

It provided for the establishment of an All India federation consisting of provinces and princely states as units.

It divided the powers between the centre and units in terms of three lists- Federal list, provincial list and the concurrent list. Residuary powers were given to the Viceroy. However, this federation never fructified since princely states did not join it.

It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place.

The act introduced responsible government in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature.

It provided for the adoption of dyarchy at the centre. However, this provision did not come into effect at all

Bicameralism was introduced in six provinces- Bengal, Bombay Madras, Bihar, Assam and the United Provinces. 

Separate electorates was further extended to depressed classes, women and labour.

Council of state was abolished

The act provided for setting up- Federal public service commission, provincial public service commission, joint public service commission, federal court, Reserve Bank of India.

Indian Independence Act, 1947 

This act was enacted after both Congress and Muslim league accepted the Mountbatten plan. Some of the important features of this act are: 

It declared India as an independent and sovereign state

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It provided for partition of India and creation of two new dominions- India and Pakistan.

It abolished the position of secretary of state for India.

It abolished the office of viceroy and provided for each dominion, a governor- general, who was to be appointed by the British King on the advice of the dominion cabinet.

It empowered the constituent assemblies of the two dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British parliament, including the independence act itself.

The constituent assemblies were empowered to legislate for their respective dominions till the new constitutions were drafted and enforced.

It granted the princely states the freedom to join either of the dominions or to remain independent.

Governance of each dominion was to be conducted based on the provisions of the Gol act, 1935.

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British monarch could no longer ask for bills or veto them. However, this was reserved for Governor-General.

Governor-General of the dominions were made to act on the aid and advise of the council.

At the stroke of midnight, British rule came to end in India. Lord Mountbatten became the first governor-general of the new dominion of India. The constituent assembly of India formed in 1946 became the Parliament of the Indian dominion.

Constituent Assembly 

The idea of a constituent assembly was put forward for the first time by MN Roy. In 1935, the Indian National Congress (INC), for the first time, officially called for a constituent assembly to frame a constitution for India. In 1938, J Nehru made this emphatic statement regarding the constitution- ‘The constitution of free India must be framed, without outside interference, by a constituent assembly elected on the basis of adult franchise’

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The demand for a constituent assembly was accepted for the first time by the British through their ‘August offer’ of 1940. Eventually, a constituent assembly was established under the provisions of the Cabinet Mission plan.

Composition of the council 

It was constituted in 1946. Some of the important aspects related to this are:

1. Total strength of the assembly: 389.
2. 296 seats for British India and 93 seats to princely states.
3. 292 seats allocated for British India were to be from eleven governor’s provinces.

and four from Chief commissioner’s provinces S

4. Seats were allocated based in proportion to their respective population.
5. Seats allocated to each British province were to be decided among the three principal communities- Muslims, Sikhs and general.
6. Representatives of each communities were to be elected by members of that

community in the provincial legislative assembly and voting was to be by the method of proportional representation by means of single transferrable vote.

7. Representatives of princely states were to be nominated by head of these princely states

Remember: Some observations regarding the composition: 

Partly elected and partly nominated

Indirect election by provincial assemblies who themselves were elected on a limited franchise.

Though indirect mode of election, it included representatives from all sections of the society.

Working of the constituent assembly 

First meeting was held on December 9, 1946.

Muslim league did not participate in the first meeting.

Temporary president in the first meeting: Dr Sachchidanand Sinha.

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After elections were held- Dr Rajendra Prasad and HC Mukherjee were elected as the President and Vice-President of the Assembly respectively.

Sir BN Rau was appointed as the constitutional advisor of the assembly

Once the Mountbatten plan was passed even members of Muslim league who were part of Indian territory participated in the proceedings of the counci.l

Members of princely states who had stayed away from the proceedings initially also participated.

Constituent assembly held 11 sessions over two years, 11 months and 18 day.s

Last session of the on January 24, 1950.

Objectives resolution 

It was moved by Nehru in December 1946.

It laid down the fundamentals and philosophy of the constitutional structure. 

The resolution highlighted the following objectives: 

1. Free India will be nothing but a republic. 
2. The ideal of social, political and economic democracy would be guaranteed to all people.
3. The republic would grant Fundamental rights.
4. The state would safeguard the rights of the minorities and backward classes.

Constituent assembly acted as the temporary legislature until a new one was to be constituted. Some of the functions it performed at this stage were:

1. Ratification of India’s membership of the commonwealth
2. It adopted the national flag.
3. It adopted the national anthem.
4. Adoption of National song.
5. Electing Dr Rajendra Prasad as the first President of India.
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Committees of the constituent assembly 

Several committees were constituted to perform the various tasks associated with framing of the constitution. Some of the major and minor constituent assembly committees are given below:

Major committees 

1. Union Powers committee: presided by J Nehru.
2. Union Constitution committee: president by j Nehru.
3. Provincial constitution committee: Presided by S Patel.
4. Drafting committee: president by Dr BR Ambedkar.
5. Advisory committee on Fundamental Rights, minorities and Tribal and excluded areas- Presided by S Patel. It had following sub-committees:

FR sub-committee: JB Kripalani.

O Minorities sub-committee: HC Mukherjee

North-East frontier Tribal Areas and Assam excluded and partially excluded areas sub-committee- Gopinath Bardoloi.

Excluded and partially excluded areas sub-committee: AV Thakkar.

6. Rule procedure committee: Dr Rajendra Prasad.
7. States committee for negotiating with states: J Nehru.
8. Steering committee: Dr Rajendra Prasad.

Minor committees 

1. Committee on the functions of the constituent Assembly: GV Mavalankar.
2. Order of Business committee: Dr KM Munshi.
3. House committee: B Pattabhi Sitaramayya.
4. Ad-hoc committee on the National flag: Dr Rajendra Prasad .
5. Special committee to examine the draft constitution: Alladi Krishnaswami Ayyar.
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Drafting committee: 

It was considered to be the most important committee of the constituent assembly.

It was chaired by Dr BR Ambedkar.

He played a pivotal role in drafting the constitution and also in passage of the constitution in the assembly.

The committee published the first draft of the constitution in February 1948. The second draft was published after incorporating changes suggested by the public in October 1948.

Enactment and enforcement of the constitution: 

Final draft of the constitution was introduced in the assembly in 1948.

After subsequent readings, the constituent assembly adopted, enacted and gave to themselves the constitution on November 26, 1949. 

Some provisions of the constitution came into force on the above mentioned date. However, most provisions came into force on January 26th, 1950. This date is referred to in the constitution as the ‘date of its commencement’. This day is celebrated as ‘Republic day’ every year.

This day was chosen by the constitution-makers to pay homage to the ‘Purna Swaraj’ which started on January 26th, 1930.

Criticism of the constituent assembly 

1. Not a representative body since members were not directly elected.
2. It was not a sovereign body since it was established based on British order.
3. It consumed unduly long time to make the constitution.
4. It was dominated predominantly by congress party.
5. It was dominated by lawyer-politician to a greater degree.
6. It was dominated by Hindus predominantly.
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However, the above criticisms do not hold true picture of the constituent assembly. Though it was indirectly elected, the constituent assembly consisted of people belonging from all section of the Indian society. The time-consuming process considering the challenge of enacting a constitution for a country like India was reasonable. The secular provisions in the constitution and the sustainability of the constitution definitively prove that the constitution did not give any overt or covert preference to the dominant religion of the land.

Features of Indian Constitution 

The basic rules for the behaviour of members of a state are called the constitution of the state. In India it is the highest law of the land, constitution establishes rule of law and give political stability to the state. The constitution of India is both evolved and enacted. It is evolved out of various Acts made during the British period. It is enacted and prepared by the constituent Assembly.

The constituent Assembly was composed as per the cabinet mission Plan. Its first session began in 19415. Dr. Rajendra Prasad with the chairman of the constituent Assembly, Dr. B.R. Ambedkar was the chairman of the Drafting committee. The constituent Assembly prepared the constitution in two years eleven months and eighteen days. In its original form, the constitution had 395 Articles and & 8 schedules. Now it has 397 Articles and 12 schedules.

Salient Features of the constitution are as follows: 

1. Lengthiest constitution in the world.
2. Sovereignty resides in the people
3. Parliamentary form of Government.
4. Unique blend of rigidity and flexibility.
5. Fundamental Rights.
6. Directive principles of the state policy.
7. Quasi- federal in nature.
8. Adult suffrage.
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10. Independence of Judiciary
11. Judicial Review.
12. Fundamental duties
13. Sovereign.
14. Democracy
15. Republic.
16. Single citizenship.
17. Uniformity in Basic Administration.
18. Revolutionary.
19. Lawyer’s paradise.
20. Secular
21. Judicial Review and parliament sovereignty.

With all these features, the Indian Constitution is a constitution best suited to the Indian environment. The Constitution has been helping India to organise and run her government and administration in an effective way both in times of peace and war. The basic structure of the Constitution i.e. its most fundamental features can be described as: Preamble, Fundamental Rights, Directive Principles, Secularism, Federalism, Republicanism, Independence of Judiciary, Rule of Law, and Liberal Democracy.

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Provisions in Indian constitution taken from foreign states 

Country          Provision 

Canada: Quasi Federal with strong center compared to states Governors.

UK: Parliamentary form of Government, Rule of Law, Procedure established by law.

USA: Fundamental Rights, Judicial Review, Independent Judiciary, Federal structure.

USSR: Fundamental Duties.

Ireland: Directive Principles of State Policy.

Germany-Weimar: Emergency Provisions.

France: Ideals of Liberty, Equality & Fraternity

Indian Constitution: Quasi Federal (Federal But Unitary) 

Rajya Sabha can make laws with respect to laws enumerated in state list in national interest by passing a resolution supported by 2/3 of the members present & voting.

Single citizenship for all (No dual citizenship with respect to central & state government).

Common & Centralized Election commission for state gov. as well as parliament.

Only parliament has the power to amend constitution (States have their role only in matters affecting federal interest → In this case, Bill need to be ratified by

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legislatures of not less than half of states by simple majority – States special majority only in formation of new legislative council).

Common Comptroller & Auditor General of India for union & state government.

Single, unified & hierarchical judiciary with same laws throughout the nation.

Central Rule over states in period of Emergencies.

Constitution does not protect territorial integrity of states → Parliament unilaterally can increase or alter boundaries or name of states.

Common constitution throughout the nation.

Features of Federal Constitution (America) 

Dual Polity + Dual Government with clear separation of powers + No overruling by state or central government + Dual citizenship + Dual constitution.

Powers originating from constitution with supremacy of the constitution.

Independent & impartial judiciary with powers w.r.t constitution of state or of central government.

Written form + Rigid → requires joint act of central & state government to amend the constitution.

Amendment of the Constitution of India 

To define constitutional amendment process, Article 368 of Part XX of Indian Constitution provides for two types of amendments.

1. By a special majority of Parliament.
2. By a special majority of the Parliament with the ratification by half of the total states.

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). Notably, these

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amendments are not deemed to be amendments of the Constitution for the purposes of Article 368. Any of these amendments follow a certain procedures.

The Constitution of India provides for its amendment in order to adjust itself to the changing conditions and needs. Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.

The procedure for the amendment of the Constitution as laid down under Article 368 is as follows:

An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.

The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.

The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.

Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.

If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority.

After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the President for assent.

The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill to the Parliament for reconsideration.

After the President’s assent, the bill becomes an Act (i.e., a Constitutional Amendment Act) and the Constitution stands amended in accordance with the terms of the Act.

Criticism of the Amendment Procedure 

Critics have criticised the amendment procedure of the Constitution on the following grounds:

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There is no provision for a special body like Constitutional Convention (as in the USA) or Constitutional Assembly for amending the Constitution.

The power to initiate an amendment to the Constitution lies with the Parliament. The state legislatures cannot initiate any bill or proposal for amending the Constitution except in one case, that is, passing a resolution requesting the Parliament for the creation or abolition of legislative councils in the states.

The major part of the Constitution can be amended by the Parliament alone either by a special majority or by a simple majority. Only in a few cases, the consent of the state legislatures is required and that too, only half of them.

The Constitution does not prescribe the time frame within which the state legislatures should ratify or reject an amendment submitted to them. It is also silent on the issue, whether the states can withdraw their approval after according the same.

There is no provision for holding a joint sitting of both the Houses of Parliament if there is a deadlock over the passage of a constitutional amendment bill.

The process of amendment is similar to that of a legislative process. Except for the special majority, the constitutional amendment bills are to be passed by the Parliament in the same way as ordinary bills.

The provisions relating to the amendment procedure are too sketchy. Hence, they leave a wide scope for taking matters to the judiciary. Despite these defects, it cannot be denied that the process has proved to be simple and easy and has succeeded in meeting the changing needs and conditions of society. The procedure is neither highly flexible as to allow the ruling parties to change it according to their whims nor is it very rigid as to be incapable of adapting itself to the changing needs.

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Doctrine of Basic Structure 

Indian Constitution is a dynamic document that can be amended according to the needs of the society whenever required. Constitution under Article 368 grants power to the Parliament to amend whenever there is a necessity. The Article also lays down the procedure for amendment in detail.

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The doctrine of basic structure is nothing but a judicial innovation to ensure that the power of amendment is not misused by Parliament. The idea is that the basic features of the Constitution of India should not be altered to an extent that the identity of the Constitution is lost in the process.

Indian Constitution upholds certain principles which are the governing rules for the Parliament, any amendment cannot change these principles and this is what the

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doctrine of basic structure upholds. The doctrine as we have today was not present always but over the years it has been propounded and upheld by the judicial officers of this country.

Pre-Golak Nath Era 

The Constitution of India was amended as early as in 1951, which introduced the much-debated Article(s) 31A and 31B to it. Article 31B created the 9th Schedule which stated that any law provided under it could not be challenged for the violation of Fundamental Rights as per Article 13(2) of the Constitution. Article 13(2) states that the Parliament shall not draft any law which abridges the rights conferred under Part III and to that extent it shall be void.

r’s IAS 

A petition was filed in the Supreme Court of India challenging Article(s) 31A and 31B on the ground that they abridge or take away rights guaranteed under Part III of the Constitution which is against the spirit of Article 13(2) and hence should be declared void. In this case, Shankari Prasad Singh Deo v. Union of India, the Hon’ble Supreme Court held that the power to amend the Constitution including the Fundamental Rights is conferred under Article 368, and the word ‘Law’ as mentioned under Article 13(2) does not include an amendment of the Constitution. There is a distinction between Parliament’s law-making power, that is, the legislative power and Parliament’s power to amend or constituent powers.

After this, several amendments were brought to the Constitution and once again the scope of amendments was challenged in the Sajjan Singh v. State of Rajasthan. The five-judge bench in Sajjan Singh dealt with the validity of the 17th Constitutional Amendment which had added around 44 statutes to the 9th Schedule. Though all of the judges agreed with the decision of Shankari Prasad but for the first time in the concurring opinion by Hidyatullah and Mudholkar JJ doubts were raised on the unfettered power of Parliament to amend the Constitution and curtail the fundamental rights of the citizens.

Golak Nath v. the State of Punjab 

In this case, three writ petitions were clubbed together. The first one was by children of Golak Nath, against the inclusion of the Punjab Security of Land Tenures Act, 1953 in the Ninth Schedule. The other two petitions had challenged the inclusion of the Mysore Land Reforms Act in the Ninth Schedule. It is an 11 judge bench decision, wherein the Supreme Court by a majority of 6:5 held that the fundamental rights were outside the purview of the amendment of the Constitution, based on the following reasoning:

26. …………………..

Power of Parliament to amend the Constitution does not subside in Article 368 but it is derived from Article 245, read with Entry 97 of List I of the Constitution. It was very clearly stated that Article 368 only provided for the Procedure of Amendment and nothing more.

The Court also clarified that the word ‘law’ under Article 13(2) includes within its meaning an amendment to the Constitution. Therefore any amendment against the Fundamental Rights was void.

The argument that the power to amend the Constitution is a sovereign power, which is over and above the legislative power and hence outside the scope of judicial review was rejected.

However, the 1st, 4th, and 17th Amendments were not declared invalid by the Court as the ruling was given a prospective effect. This meant that no further amendments could be brought into the Constitution violating the fundamental rights.

But the cases of Shankari Prasad and Sajjan Singh were declared bad in law by the Court to the extent that Article 13(2) does not include a Constitutional amendment under Article 368.

Constitution 24th Amendment 

The Golak Nath case left the Parliament devoid of its powers to amend the Constitution freely, therefore to restore the earlier position; the 24th Constitutional Amendment was brought forth. The Amendment Act not only restored the earlier position but extended the powers of Parliament. The following changes were made through the amendment:

A new clause (4) was added to Article 13 which stated that ‘nothing in this Article shall apply to any amendment of this Constitution made under Article 368’.

The marginal heading of Article 368 was changed to ‘Power of Parliament to amend the Constitution and Procedure, therefore’ from ‘Procedure for amendment of the Constitution’.

Article 368 was provided with a new sub-clause (1) which read ‘notwithstanding anything in this Constitution, Parliament may, in the exercise of its Constituent Power amend by way of addition, variation, or repeal any provision of this Constitution in accordance with the procedure laid down in this Article’.

27. ………………………..

President was put under an obligation to give assent to any Bill amending the Constitution by changing words from ‘it shall be presented to the President who shall give his assent to the Bill and thereupon’ to ‘it shall be presented to the President for his assent and upon such assent being given to the Bill’.

A reassuring clause (3) was also added to Article 368, which again clarified that ‘nothing in Article 13 shall apply to any amendment made under this Article’.

Kesvananda Bharati v. the State of Kerala 

This case was initially filed to challenge the validity of the Kerala Land Reforms Act, 1963. But the 29th Amendment of the Constitution placed it under the Ninth Schedule. The petitioner was permitted to not only challenge the 29th Amendment but also the validity of the 24th and 25th Amendment.

The historic judgment was delivered by a 13 judge bench and with the majority of 7:6; they overruled the Golak Nath case. It was held that the power of Parliament to amend the Constitution is far and wide and extends to all the Articles but it is not unlimited to an extent that it destroys certain basic features or framework of the Constitution.

The Hon’ble Supreme Court, however, held that the 24th Amendment was valid as it only states what was present before implicitly. It does not enlarge the powers of Parliament; Article 368 always included the power and procedure to amend the Constitution.

The judges did not provide what constitutes the basic structure but provided an illustrative list of what may constitute the basic structure. As per Sikri, C.J., the basic structure constitutes the following elements:

The supremacy of the Constitution.

Republican and Democratic forms of Government.

• Secular character of the Constitution.

Separation of Powers between the legislature, the Executive, and the Judiciary.

Federal Character of Constitution.

28. ……………………..

Shelat and Grover, JJ., added the following to the above list:

The mandate to build a welfare state contained in the Directive Principles of State Policy.

Maintenance of the unity and integrity of India.

The sovereignty of the country.

Hegde and Mukherjee, JJ., had their list of the elements of the basic structure, which included:

The sovereignty of India.

The democratic character of the polity.

The unity of the country.

Essential features of individual freedom.

The mandate to build a welfare state.

Whereas Jaganmohan Redd, J., believed that it was the Preamble that laid down the basic features of the Constitution, which are:

A sovereign democratic republic

The provision of social, economic, and political justice.

Liberty of thought, expression, belief, faith, and worship.

Equality of status and opportunity.

After this judgment, the general opinion was that the judiciary is trying to create an overhaul over the Parliament, but soon an opportunity was laid down before the Court to examine the doctrine.

Evolution of Basic Structure Doctrine 

Indira Gandhi vs Raj Narayan case was the case in which the faith on the doctrine was affirmed and established. In this case, the appellant had filed an appeal against the decision of Allahabad High Court invalidating her election as the Prime Minister. While

19. …………………………..

the appeal was still pending at the Supreme Court, the 39th Amendment was enacted and enforced which stated that no court has jurisdiction over the election disputes of the Prime Minister.

The Hon’ble Supreme Court relying on the decision of Kesavananda Bharati stated that democracy was an essential feature of the Constitution and forms part of the basic structure. The bench added certain other features to the list of the basic structure, which were: Rule of Law and power of Judicial Review.

The basic structure then came up in the case of Minerva Mills Ltd. v. Union of India, wherein the Supreme Court provided clarity to the doctrine and laid down that the power of amendment under Article 368 is limited and exercise of such power cannot be absolute. A limited amending power was very well part of the basic structure doctrine of the Constitution. Further, the harmony and balance between fundamental rights and directive principles are also part of the basic structure, and anything that destroys the balance is an ipso facto violation of the doctrine.

The case of L. Chandra Kumar v. Union of India again stated that the power of judicial review under Article 32 of the Supreme Court and Article 226 of the High Court is part of the basic structure doctrine and these powers cannot be diluted by transferring them to administrative tribunals.

The basic structure doctrine grants the fine balance between flexibility and rigidity that should be present in the amending powers of any Constitution.

Comparison of Indian constitutional scheme with other countries 

An overview of the parliamentary system and emergency conditions in the different constitutions suggest the following differences:

Parlimentary-Federal/Presidential/Semi-Presidential/Purely parliamentary.

Condition for Emergencies-Natural disasters, terrorist threats, sustained or sporadic domestic disorder, economic distress etc.,

U.S. Constitution refers only to ‘rebellion or invasion’

French Constitution ‘serious and immediate threat.’

Indian Constitution ‘armed rebellion or external aggression.’

Political Systems – Dictatorship/Democracy/Republic/Anarchy.

30. ………………….

Indian Constitution Vs Unwritten Constitutions: 

Unwritten Constitutions: e.g., Britain, New Zealand, Saudi Arabia, Israel, Canada, etc.

British Constitution: 

of history and the result of evolution.

There is a difference between theory and practice.

Flexible and unitary constitution .

Parliamentary government and system.

Rule of law and civil  liberties applicable.

(Figure: Chart)

31. …………………………..

Indian Constitution Vs Written Constitution 

American Constitution: 

Works on Checks and balances concept.

Presidential type of government.

Rigid Constitution.

Federal System

Indian 

Not a result of agreement between states

Single Citizenship.

Representatives are sent to the parliament depending on the population of the state.

No principle of equality between the states

Result of an agreement between states.

The states are not sovereign.

No state can separate from Indian territory.

Only centre has residuary powers

Supreme Court has appellate jurisdiction

No referendum is necessary for amending the Constitution

American

Result of agreement between states.

Dual citizenship

Each state sends equal number of representatives to the senate.

Principle of equality between the states.

Union and each Unit is sovereign in its sphere.

State can separate from the federation.

States have residuary powers.

No appellate jurisdiction for the Supreme Court.

For amendment of Constitution a referendum is necessary.

32. …………………………….

Indian Constitution Vs Dynamic Constitution 

Switzerland: 

A comparatively longer document

Spirit of Republicanism.

Federalism.

James Bryce “Among modern democracies, which are true democracies, Switzerland has the highest claim to.

Dynamic constitution (proctetion of individual welfare state).

(Figure: Chart)

Indian

Executive vested in the President.

President elected by electoral college.

Party Government.

States cannot conclude treaties.

Supremacy of Judiciary.

No referendum.

Switzerland 

Executive vested in the Federal Council.

Federal Council Elected by Federal Assembly.

Absent.

Cantons can conclude treaties.

Judiciary cannot rule invalid a federal law.

Referendum possible.

33. ……………………

Comparative Constitutional law and national identity: 

The Constitution incorporates a national identity which is evident from the statements in some of the constitutions below:

Preamble to Irish Constitution – ‘The Most Holy Trinity.’

Preamble to South African Constitution – ‘recognise the injustices of our past.’

Art 9 of Japanese Constitution – “The Japanese people forever renounce war as a sovereign right of the nation and purports to ban the maintenance of land, sea, airforces.”

Preamble to Indian Constitution – We, the people of India having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic, republic….”

34. …………………..

General Comparison with other countries 

India 

Russia 

Japan 

France 

Germany 

Figure (Chart)

35. ………………….

Polity 1_B: Constitutional System of India 

Part I 

Union & its Territories – Formation of States in India 

Article 1 of Indian Constitution defines names & territories of nation >> Describes India as union of states (Not federation of states)

Article 2: Admission & establishment of new states >> French settlement of Pondicherry & Portuguese settlement of Goa, Daman & Sikkim

Article 3: Formation of new states & alteration of areas, boundaries & names of existing states (Power vested only in parliament)

A bill regarding formation of new states / alteration of name or area of existing states is introduced in parliament only on the recommendation of president who shall refer it to state but is not bound to act upon states views.

If the said bill is passed by both the houses by simple majority then after presidential assents it comes into action.

In case of union territories, it is not even necessary for president to obtain views of legislatures of union territories.

States Reorganization Commission (SRC): Dec, 1953 

Commission Members: Fazal Ali (Chairman), H.N Kunzru, K.M Pannakar.

Abolition of 4 fold classification of states.

Recommended creation of 16 states & 3 centrally administered territories.

States Reorganization Act: 1956 (7th Amendment): Formation of 14 states and 6 union territories took place.

Formation of States till 2014 

36. ………………………

An opening was through to make more states in India as per the needs of the situation, but only after the decision of parliament. This led to formation of a number of new states in India as shown below:

(Photo)

Bombay reorganization act, 1960: Formation of Gujrat

1966 Punjab split into a smaller Punjab state, a new Haryana state and Chandigarh UT 

State of Nagaland act, 1962: Nagaland as separated state from Assam.

Punjab reorganization act, 1966: Formation of Haryana.

New state of Himachal Pradesh act, 1970.

North eastern reorganization act, 1971: Formation of Manipur, Tripura, Meghalaya, Mizoram & Union territories of Arunachal Pradesh & Mizoram.

New state of Sikkim act, 1975

State of Arunachal Pradesh Act, State of Mizoram act 1986 Formation of States

of Mizoram & Ar. Pradesh.

State of Goa Act, 1987

P reorganization act, 2000: Formation of Chhattisgarh.

P reorganization act, 2000: Formation of Uttarakhand.

Bihar reorganization act, 2000: Formation of Jharkhand.

Andhra Pradesh reorganization act, 2014: Formation of Telangana.

Part II 

37. …………..

Citizenship in India & Indian citizenship acts 

Fundamental Rights provided in Indian constitution are available to citizens of India only; some of the fundamental rights which are not enjoyed by a non-citizen of India are:

Right to be discriminated on the basis of religion, race, sex, cast or birth of place

Equal opportunities in public employment

Right of six democratic freedoms (Article 19) + Cultural & educational rights

Only citizens of India have the right:

To hold civil office.

Right to vote.

Right to be judges of courts.

Indian citizenship act, 1955 

Indian constitution provides single citizenship to all irrespective of the states a person belongs to

Constitution simply describes classes of people deemed to be citizens of India as on 26th Jan 1950 & leaves entire law of citizenship to be regulated by parliamentary laws.

Parliament enacted Indian citizenship act, 1955 for acquisition & loss of Indian citizenship. Since its commencement it has been amended four times:

The Citizenship (Amendment) Act, 1986.

The Citizenship (Amendment) Act, 1992.

The Citizenship (Amendment) Act, 2003.

The Citizenship (Amendment) Act, 2005.

According to Indian citizenship act, 1955, Indian citizenship was extended to citizens of commonwealth countries but this law was repealed by amendment in 2003.

Acquisition of Indian Citizenship as per Citizenship act, 1955 

38. ……………

Citizenship by birth: Every person born in India on or after January 26, 1950, shall be a citizen of India by birth.

Citizenship by descent: A person born outside India on or after January 26, 1950, shall be a citizen of India by descent if either of his parents is a citizen of India at the time of the person’s birth.

Citizenship by registration: A person can acquire Indian citizenship by registering themselves before the prescribed authority, e.g. persons of Indian origin who are ordinarily resident in India and have been so for five years immediately before making the application for registration; persons who are married to citizens of India.

Citizenship by naturalization: A foreigner can acquire Indian citizenship, on application for naturalisation to the Government of India.

Citizenship by Incorporation of territory: If any new territory becomes a part of India, the Government of India shall specify the persons of that territory as citizens of India.

Termination of Indian Citizenship 

Renunciation by Voluntary Act.

After acquiring the citizenship of another country.

Deprivation of citizenship by an order of the Government of India.

Who are PIO and OCI? 

There are over 30 million overseas Indians living abroad and the remittance of close to 69 billion dollars annually by overseas Indians.

They can be categorised in three broad categories – NRIS, PIOS and OCIS. A Non- Resident Indian (NRI) is a citizen of India who has temporarily emigrated to another country for six months.

PIOS and OCI card holders are not citizens but people who want to stay connected and involved with India more closely.

The PIO card was first implemented in 2002 as a benefit to foreign nationals who could establish at least a third generation tie to Indian origin.

The OCI card was implemented in 2005, carried more benefits than the PIO card, and is valid for the holder’s lifetime.

In 2015, the PIO scheme was withdrawn by the Government of India and was merged with the OCI.

39. …………………….

What were the benefits of PIO? 

A PIO card holder doesn’t need a visa to visit India.

The holder also doesn’t require a student or employment visa to acquire employment or academic opportunities in India.

The holder was exempted from registering at the foreigner regional registration office (FRRO) during the duration of stay in India.

The holder also enjoys parity with NRIs in concern to economic, financial and educational matters like property transfer or acquisition, holding, disposal, investment, admission of children in educational institutions under general category quota for NRIs.

Separate immigration counters are provided at all International airports.

What are the additional benefits of OCI? 

Apart from the benefits of PIO, the OCI can attain Indian citizenship and then live in India for a period of one year including short breaks, if they remain an OCI for 5 years.

An OCI cards holder can open special bank accounts in India just like NRIs and make investments.

They can also buy non-farm property and exercise ownership rights.

They apply for a driver’s license and PAN card.

They get same economic, financial and educational benefits like NRIs and they can also adopt children.

Both OCI and PIO cannot vote, hold a government job or purchase agricultural or farm land. They also cannot run for public office or travel to restricted areas without permission.

What is NRI? 

NRI is given to provide a residential status to a citizen of India with an Indian Passport who resides in a foreign country for the purpose of work/business, or education.

40. ………………………………..

Part III 

Fundamental Rights in India 

Fundamental Rights (FRs) are known as cornerstone of Indian constitution & mentioned in Part 3 of the constitution. They prohibits unreasonable interference of the state & prevents its executive & legislature to become authoritarian, hence put due limitations of state power. Observance of fundamental duties is essential for having one’s FRS redressed in case of their violation.

Fundamental Rights V/S Legal Rights 

Legal rights are protected & enforced by ordinary law of land whereas FRS are protected & guaranteed by written constitution.

In violation of legal rights, one can file suit in subordinate court or by writ application in High court whereas in violation of FRS one can directly approach Supreme court.

Legal rights can be changed by ordinary process of legislation whereas FRS cannot be amended without amending the constitution itself (i.e. by special majority).

FRS provides protection only against state action not against a private individual except rights pertaining to abolition of untouchability & rights against exploitation.

FRS are not absolute but qualified rights >>> Subject to certain restrictions imposed by the state on the question of national security, interest & general welfare of the society >> But restrictions are checked by SC & HC’s, whether restrictions are reasonable or not on the grounds of:

Advancement of SC’s & ST’s.

Sovereignty & integrity of India.

Security of India .

Friendly relations with foreign states.

In interest of general public morality & public order.

41. ………………………………

`FRS are justifiable & can be enforced in court of law but state may deny some of the FRS to a class of people For ex – Armed forces, Para-Military personnel, Police forces etc. for national security & integrity.

Judicial Review & FRS 

Judicial review is the power of SC & HC only to declare a law unconstitutional & void if it is in inconsistent with any of the provision of constitution to the extent of inconsistency.

Judicial Review is power against both legislature as well as executives.

States do not make laws which abridges the rights mentioned in part 3 of the constitution & any law made in contravention of this clause shall be void to the extent of contraventions

Amendability of FRS 

SC verdict in Golaknath V/S state of Punjab (1967) >> FRS has been given transcendental position by constitution hence no authority functioning under constitution including parliament has the power to amend FRS.

In Keshavananda Bharati V/S state of Kerala, 1973, SC held that parliament has the power to amend any provision of the constitution including part 3, however parliament’s amending power subjects to “Basic structure of the constitution.”

Rule of Law 

Constitution is supreme law of land & all laws passed by legislature must confirm

to it.

No person is above law & all are subjected to ordinary law without any distinction of rank or position (Exception: President, Governor, Foreign diplomats & ambassadors)

No person can be punished or made to suffer except for violation of law & any such violation must be looked by ordinary legal laws in courts.

Natural Justice >> No person can be judge in his own case; both sides must be heard, unbiased & impartial justice.

42. ……………………………..

Six Fundamental Rights in India

Article 14 – 18  Right to Equality

Article 19-22  Right to Freedom

Article 23-24 Right against Exploitation

Article 25-28 Right to Freedom of Religion

Article 29-30 Cultural & Education Rights

Article 32-35  Right to Constitutional Remedies

Right to Equality 

Article 14: Equality before law & equal protection of laws 

Equality before law (British origin) >> No man is above law irrespective of his rank or position.

Equal protection of law (US origin) >> Among equals, law should be equal & equally administered.

Exception: President, Governor, Ambassadors, Foreign diplomats.

Article 15: Right against Discrimination 

No discrimination on the basis of cast, race, religion, sex or place of birth only.

No discrimination w.r.t access of shops, hotels & public places including bathing Ghats.

Empowers state to make special provisions for the advancement of SC & ST (including their admission in educational institutions >>> Public & private both.)

Empowers state to make special provisions for women & children.

43. ………………………

Article 16: Equality of opportunity 

No discrimination against employment under state office on grounds only of religion, sex, caste, descent, place of birth or residence >> Equality of opportunity to all citizens for employment under state office

Exception 1: Article 16 Forbids discrimination on grounds of residence but if their is a good region to retain certain posts for residents only then parliament may by law regulates the extent by which it would be possible to depart from article 16.

Exception 2: Reservation of employment for SCS & STS along with seats reserved in matter of promotion with consequential seniority >> Unfilled vacancies to be carry forward & not to lapse.

Person holding an office in connection with affairs of religious or denominated institutions shall profess the same religion or denomination.

Article 17: Abolition of untouchability 

Untouchability offence act, 1955 prescribes punishment for practice of untouchability >> Act was further amended & renamed as civil rights protection act in 1976.

Under civil rights protection act laws were made more stringent & enlarged to include “Insulting a member of SC on grounds of untouchability, Preaching or justifying untouchability on historical, philosophical or religious grounds”.

1 or 2 years imprisonment & disqualification for election to any legislature.

Article 18: Abolition of titles 

Prohibits the state to confer titles to anyone citizen or non-citizen >> Exception : Military & Academic distinction.

Prohibits a citizen of India from accepting any titles from any foreign states.

A foreigner holding any office of profit or trust under the state is not to accept any titles from foreign states without consent of the president.

No person holding any office of profit or trust under the state is to accept any gift, emolument or office from foreign state without consent of the president.

44. …………………..

Right to Freedom 

Article 19: Right to 6 democratic freedoms 

Article 19-1-A: Freedom of speech & expression with no geographical limitations. 

Right to express convictions or ideas by words, printing, picture, banners etc.

Right to publish & propagate views of others.

Freedom of silence.

Right against tapping of telephonic conversation.

Freedom of press.

Right to know about government activities.

Article 19-1-B: Freedom of Assembly 

Guarantees all citizens of India to right to assemble peacefully & without arms but subjected to following restrictions:

Assembly must be peaceful.

Must be unarmed.

Further reasonable restrictions can be imposed.

Article 19-1-C: Freedom to form associations / Unions / Co-operative societies. 

Guarantees all citizens of India (Except Armed forces, Police force, Military etc.) freedom to form associations or unions or co-operative societies but subjected to certain restrictions in interest of sovereignty & integrity of public & state.

Does not confer the right to strike or declare a lock out >> Means does not confer the right to bargain.

Article 19-1-D: Freedom of Movement. 

Right to move freely throughout India (Subjected to certain restrictions)

45. ……………………………..

Article 19-1-E: Freedom of Residence 

Right to reside or settle in any part of the country temporary or permanent (Subjected to certain restrictions).

Article 19-1-G: Right to Trade & Occupation 

Right to practice any profession, trade or business subjected to certain restrictions (Professions requiring specific professional & technical qualifications).

Article 20: Protection in respect of conviction for offences 

Retrospective Criminal Legislation/Ex Post Facto 

No person shall be convicted of any offence except for “violation of law in force at the time of commission of act charged as offence, nor to be subjected to a penalty greater than that which might have been inflicted under law in force, at time of commission of offence”.

Double Jeopardy 

No person shall be prosecuted & punished for the same offence more than once but only in respect of punishment inflicted by court of law or judicial tribunal.

Does not immunize person from proceedings not before court of law >> means can be punished under departmental proceedings for the same offence & then may be prosecuted in court of law >> Can also be inflicted for contempt of court along with criminal proceedings

Prohibition against self-incrimination 

No person accused of any offence shall be compelled to be witness against himself.

Article 21: Protection of Life & Personal Liberty. 

No person shall be deprived of his life/personal liberty except acc. to procedure made by law.

46. …………………………

Article 21 put limitation upon powers of executive as well as legislature & conferred to both citizen & non citizen.

Article 21 – A: Right to education (Added by 86th amendment) – Absolute right. 

State shall pass free & compulsory education to all children of age 6 to 14 years.

Only elementary education not higher education.

Article 22: Protection against arrest & detention. 

No person who is arrested shall be detained in custody without being informed on which grounds.

Person arrested shall be brought before magistrate within 24 hours of arrest.

Without authority of magistrate no person shall be detained in custody more than said 24 hours.

Exception: Alien enemy & person arrested under preventive detention.

Preventive detention (Detention without trial) 

Not to detain a person for what he has done but to intercept him before he does it & prevent him from doing it.

No offence is proved nor a charge is formulated but such a detention is purely on the basis of suspicion or reasonable probability of impending commission.

Max detention can be only for 3 months; for more than 3 months it must obtain a report from advisory board (Advisory board shall examine the statements & papers from government & accused and will formulate whether detention is justified or not.

Accused must have the earliest opportunity of making representation against detention order.

Accused must be told grounds for his arrest except the facts which are against public interest to disclose.

47. ……………..

Some of the Preventive detention acts enacted by parliament are NASA, TADA, COFEPOSA, PITNDPSA.

Right against Exploitation 

Article 23: Prohibition of human trafficking & forced labor.

Article 24: Prohibition of employment of children in factories, mines or any other hazardous environment under 14 years of age (Absolute right.)*

Right to freedom of Religion 

Article 25: Freedom of conscience & free propagation, practice & profession of religion. 

Absolute freedom of an individual to mold his relation with god in whatever manner he like.

Further state is empowered by law to regulate or restrict any economic, financial, political or other secular activity which may be associated with religion practice.

Article 26: Freedom to manage religious affairs 

Subjects to public order, morality & health, every religious denomination shall have the following rights:

To establish & maintain institutions for religious & charitable purposes.

To manage its own affairs in matters of religion.

To own & acquire movable or immovable property.

To administer such property in accordance with the law (Limited right >> Subjected to regulatory power of the state).

Article 27: Freedom from taxes for promotion of any particular religion 

Article 28: Freedom from attending religious instructions 

48. ……………….

No religious instructions to be imparted in institutions wholly maintained by the state.

No restrictions on religious instructions in institutions established under any trust or endowment.

Religious instructions may be imparted in institutions recognized by the state or receiving funds aid from the state but an individual is not liable to attend such forcefully.

SC verdict on R. Bommai v/s Union of India >> Declared secularism at par with democracy & constitutes basic structure of the constitution which is beyond amending power of the parliament.

Cultural & Educational Rights 

Article 29: Protection of interest of minorities 

Minorities & everyone have right to conserve his culture, script & language and can establish educational institutions for the same.

No citizen can be denied admission to any educational institution maintained by the state or receiving aid out of state fund on grounds of religion, race, cast or language only (No place).

Article 30: Right of minorities to establish & administer educational institutions. 

All minorities whether based on religion or language shall have the right to establish & administer educational institutions of their choice.

States in granting aid to educational institutions shall not discriminate against any educational institution on grounds of management under minority (based on religion or language).

Right to constitutional Remedies 

Heart & soul of the constitution which makes supreme court a guarantor & protector of all FRS.

49. …………………

Guarantees an individual a right to move to supreme court by appropriate proceedings for enforcement of FRS conferred under part 3 of the constitution.

SC is endowed with power to issue directions, orders or writs, whichever is appropriate for enforcement of any of the rights conferred by part 3 of the constitution.

FRS & Armed Forces 

Under article 33, parliament by law can restrict FRS available to member of armed forces or forces charged with maintenance of public order to oblige them to properly discharge their duty.

Any law made under article 33 by parliament cannot be challenged in court of law.

FRS & Martial Law 

Article 34 put restrictions on FRS when martial law is in force.

Article 19 is automatically suspend

Sentenced passed by highest officer as validated by martial law is supreme.

Rs & Emergency Provisions 

Article 352 

Presidenti 

FRs under article 19 are suspended by president in case of national emergency on grounds of war or external aggression.

But only after when it is conveyed to president by parliament in writing passed by 2/3rd of members present & voting.

Under article 359, President may also suspend the operations of other FRS in case of national emergency.

44th amendment prohibits suspension of Article 20 (Protection w.r.t conviction of offences) & 21 (Protection of life & personal liberty) even during national emergency.

50. ……………………………..

President may by issuing a proclamation can restore FRS (Other than of article 19) which were suspended under article 359, even when national emergency is in force.

Rights outside Part 3 of constitution 

Article 300 A 

No person shall be deprived of his property except by authority of law (No writ petition for this).

Right to property was removed from Fundamental right & transferred to legal rights by 44th amendment.

Article 326 

Elections to the house of people & to legislative assemblies of the states should be on the basis of universal adult suffrage.

Exception of 44th amendment for classes who still enjoy right to property 

If the property acquired belongs to an educational institution established & administered by minority, state must offer full market value as compensation.

If states seeks to acquire land cultivated by the owner himself & such land which does not exceed statuary ceiling, then full market value as state must of compensation.

51. ……………………………..

Directive Principle of State Policy (DPSP) 

Directive Principle of State Policy provides guidelines to central & state government in India, to be kept in mind while framing laws & policies & mentioned in part 4 of the constitution.

DPSP + FR >> Conscience of Indian Constitution

Basic aim of DPSPs is to set up social & economic goals before the law makers.

To bring socio-economic change in the country.

To fulfill the basic needs of the common man.

To reshape the structure of Indian society in direction of greater socio-economic equality.

DPSPs are fundamentals in governance of the country & shall be considered dutifully by the state while making laws, but DPSPs are not enforceable in court of law.

If state fails to fulfill these obligations, one cannot go to court of law.

DPSPS only provides a yardstick for measuring success or failure of the government.

Articles 36 to 51 deal with the provisions of the Directive Principles & are broadly classified into:

Socialist principles

Gandhian principles

Liberal intellectual principles

Socialist Principles 

To secure a social order for the promotion of welfare of the people.

52. ………………………………

To strive to minimise inequalities of income i.e. operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

ownership and control of the material resources of the community are so distributed as best to subserve the common good;

Equal justice and free legal aid.

Ownership and control of material resources of the community shall be so distributed so as to subserve the common good.

Equal pay for equal work.

Health & strength of workers, and the tender age of children must not be abused.

Right to work, to education and to public assistance in certain cases.

Provision of just and humane conditions for work and maternity relief.

Participation of workers in the management of the industries.

Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

3

Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

The Western Liberal Principles 

Uniform Civil Code for the citizens.

Provide free and compulsory education for children below 14 years.

Separation of Judiciary from Executive.

To promote international peace and amity.

Protection of monuments and places and objects of national importance

Protection and improvement of environment and safeguarding of forests and wild life.

53. …………………………

The Gandhian Principles

Organization of Village Panchayats & to promote cottage industry.

Promotion of educational and economic interests of the SCs, the STS and the other weaker sections of the society.

To bring about the prohibition of intoxicating drinks and drugs that are injurious to health.

Organization of agriculture and animal husbandry on modern and scientific lines to prohibit the slaughter of cows, calves and other milch and draught animals.

97th Amendment: Promotion of cooperative societies 

Directives in other parts of the Constitution (Except part IV) 

Article 350 A: It enjoins every State and every local authority within the State to provide adequate facilities for the instructions in the mother tongue at the primary stage to children of linguistic minority areas.

Article 351: It enjoins the Union to promote the spread of Hindi Language so that it may serve as a medium of expression of all the elements of the composite culture of India.

Article 335: It says that the claims of SC/ST shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with affairs of the Union or of a State.

Under the implementation of DPSP, Zamindari, Jagirdari & inamdari systems were abolished & actual tillers of the soil were made owner of the land.

54. ………………………………..

DPSPs Vs. FRs

FRs

FRS provide the foundation of political democracy in India.

Lays down negative obligation/ restriction on the state i.e. FRs are prohibitive in nature.

FRS have been laid down in clear legal language in constitution.

FRS represent something static i.e. to preserve certain rights which already exist.

FRS are justifiable in nature & can be enforced in court of law.

DPSPs

DPSPs spell out the character of social & economic democracy in India

DPSPs are positive / moral obligations of state towards the citizens

DPSPs are laid in general terms and are sort of moral obligations.

DPSPs represents a dynamic move towards the betterment of the citizens.

DPSPs are non-justifiable in nature & can not be enforced in court of law.

55. …………………..

Part-IV (A)

Fundamental Duties – India 

Fundamental Duties were added to Indian constitution by 42nd amendment in 1976 on recommendations of Swarn singh committee

Initially 10 Fundamental Duties were added under article 51 A in part 4 – A through 42 amendment, Later via 86th amendment 11th Fundamental Duty was added in 2002.

Fundamental Duties are basically statuary duties & are enforceable by law (Means violation of these duties can be met with punishment as prescribed by legislature of India).

1. a) To abide by the Constitution and respect the National Flag and the National Anthem;
2. b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
3. c) to uphold and protect the sovereignty, unity and integrity of India;
4. d) to defend the country and render national service when called upon to do so;
5. e) to promote harmony and the spirit of common brotherhood amongst all people of India, transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;
6. f) to value and preserve the rich heritage of our composite culture;
7. g) to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures;
8. h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
9. i) to safeguard public property and to abjure violence;
10. j) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of Endeavour and achievement.”
11. k) to provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be.

An analysis of the above duties reveals that they are applicable only to citizens and not to the aliens & expected that a citizen of India while enjoying fundamental rights, should

56. …………………….

also perform these duties. Although there is no provision in the constitution for direct enforcement of any of these duties, yet, the courts are guided by these duties while interpreting various laws.

Addition of Fundamental Duties along with exceptions to FR’s limits the operation & free enjoyment of FR’s

Some of the duties are very difficult to comprehend & also do not appear to be capable of legal enforcement but only best regarded as directory to Indian citizens.

57. ……………………………………..

Polity 1_C: Seperation on Power 

Syllabus:

Separation of Powers (between different organs, dispute redressal mechanisms, institutions),

Executive (structure, organization, functioning); Ministries and Departments (of Union and State govts.)

Union and State Legislatures (structure, functioning, conduct of business, powers & privileges; issues therein); Salient features of the Representation of People’s Act. Judiciary (structure, organisation functioning)

Separation of Powers 

In simple words, the theory of separation of powers advocates that the three powers of the government should be used by three separate organs. Legislature should use only law-making powers, Executive should undertake only law-enforcement functions, and Judiciary should perform only adjudication/ judicial functions. Their powers and responsibilities should be clearly defined and kept separate. In his book, ‘The Spirit of the Laws‘ (1748), Montesquieu enunciated and explained his theory of separation of powers.

In India, a separation of functions rather than of powers is followed. Unlike in the US, in India, the concept of separation of powers is not adhered to strictly. However, a system of checks and balances have been put in place in such a manner that the judiciary has the power to strike down any unconstitutional laws passed by the legislature.

Today, most of the constitutional systems do not have a strict separation of powers between the various organs in the classical sense because it is impractical. In the following sections, we will see the prevailing system in India, what the relationship between each organ is, and the constitutional provisions thereof.

Before proceeding with the relationships, let us examine in brief what the functions of each organ of the government are.

What is the Legislature? 

The chief function of the legislature is to enact laws.

It is the basis for the functioning of the other two organs, the executive and the judiciary.

58. ………………………………

It is also sometimes accorded the first place among the three organs because until and unless laws are enacted, there can be no implementation and application of laws.

What is the Executive? 

The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.

It is the administrative head of the government.

Ministers including the Prime/Chief Ministers and President/Governors form part of the executive.

What is the Judiciary? 

The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens.

The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution.

It comprises of the Supreme Court, the High Courts, District and other subordinate courts.

What is ‘Separation of Powers’? 

In the strictest sense, the doctrine of separation of powers is very rigid.

Background of the concept 

This concept was first seen in the works of Aristotle, in the 4th century BCE, wherein he described the three agencies of the government as General Assembly, Public Officials and Judiciary.

In the Ancient Roman Republic too, a similar concept was followed.

In modern times, it was 18th-century French philosopher Montesquieu who made the doctrine a highly systematic and scientific one, in his book De l’esprit des lois (The Spirit of Laws).

His work is based on an understanding of the English system which was showing a propensity towards a greater distinction between the three organs of government.

59. ………………………………..

The idea was developed further by John Locke.

Purpose of the Separation 

The purpose of separation of powers is to prevent abuse of power by a single person or a group of individuals. It will guard the society against the arbitrary, irrational and tyrannical powers of the state, safeguard freedom for all and allocate each function to the suitable organs of the state for effective discharge of their respective duties.

Meaning of Separation of Powers 

Separation of powers divides the mechanism of governance into three branches i.e. Legislature, Executive and the Judiciary. Although different authors give different definitions, in general, we can frame three features of this doctrine. in frame three features of this doctrine.

1. Each organ should have different persons in capacity, i.e., a person with a function in one organ should not be a part of another organ.
2. One organ should not interfere in the functioning of the other organs.
3. One organ should not exercise a function of another organ (they should stick to their mandate only).

Thus, these broad spheres are determined, but in a complex country like India there often arises conflict and transgression by one branch over the other.

Significance of the doctrine 

Why do we need a separation of powers between the various organs of the State? Whenever there is a concentration of power in one centre/authority, there is bound to be greater chances of maladministration, corruption, nepotism and abuse of power. This principle ensures that autocracy does not creep into a democratic system. It protects citizens from arbitrary rule. Hence, the importance of the Separation of Powers doctrine can be summed up as follows:

1. Keeps away autocracy.
2. Safeguards individual liberty.
3. Helps create an efficient administration.
4. Judiciary’s independence is maintained.
5. …………………………
6. Prevents the legislature from enacting arbitrary or unconstitutional laws

Constitutional Status of Separation of Power in India 

The doctrine of separation of powers is a part of the basic structure of the Constitution, although not specifically mentioned. The legislature cannot pass a law violating this principle. The functions of the three organs are specifically mentioned in the Constitution.

Let us take a look at some of the articles of the Constitution which suggest separation of powers.

Article 50: This article puts an obligation over the State to separate the judiciary from the executive. But, since this falls under the Directive Principles of State Policy, it is not enforceable.

Article 123: The President, being the executive head of the country, is empowered to exercise legislative powers (Promulgate ordinances) in certain conditions.

Articles 121 and 211: These provide that the legislatures cannot discuss the conduct of a judge of the Supreme Court or High Court. They can do so only in case of impeachment.

Article 361: The President and Governors enjoy immunity from court proceedings.

There is a system of checks and balances wherein the various organs impose checks on one another by certain provisions.

The judiciary has the power of Judicial Review over the actions of the executive and the legislature.

The judiciary has the power to strike down any law passed by the legislature if it is unconstitutional or arbitrary as per Article 13 (if it violates Fundamental Rights).

It can also declare unconstitutional executive actions as void.

The legislature also reviews the functioning of the executive.

Although the judiciary is independent, the judges are appointed by the executive.

The legislature can also alter the basis of the judgment while adhering to the constitutional limitation.

61. ……………………………

Checks and balances ensure that no one organ becomes all-too powerful. The Constitution guarantees that the discretionary power bestowed on any one organ is within the democratic principle.

Judicial Pronouncements Upholding Separation of Powers Doctrine 

Kesavananda Bharati Case (1973): In this case, the SC held that the amending power of the Parliament is subject to the basic features of the Constitution. So, any amendment violating the basic features will be declared unconstitutional.

Swaran Singh Case (1998): In this case, the SC held the UP Governor’s pardon of a convict unconstitutional.

Other SC Judgements 

The Honourable Supreme Court in Ram Jawaya Kapoor V State of Punjab held that the Indian Constitution has not indeed recognised the doctrine of separation of powers in its absolute rigidity but the functions of the different parts or branches of the government have been sufficiently differentiated and consequently it can be very well said that our Constitution does not contemplate assumption by one organ or part of the state of functions that essentially belong to another.

In Indira Nehru Gandhi V Raj Narain, Ray, CJ observed that in the Indian Constitution there is a separation of powers in a broad sense only. A rigid separation of powers as under the American Constitution or under the Australian Constitution does not apply to India. The Court further held that adjudication of a specific dispute is a judicial function which Parliament even acting under a constitutional amending power cannot exercise. Apart from difficulties inherent in the enforcement of the strict doctrine of separation of powers in the functioning of the modern government, there is also an inherent difficulty in defining, in workable terms, the division of powers into executive, legislative and judicial.

In P Kannadasan V State of Tamil Nadu, it was held, “the Constitution has invested the Constitutional Courts with the power to invalidate laws made by Parliament and the state legislatures transgressing Constitutional limitations. Where an Act made by the legislature is invalidated by the Courts on the basis of legislative incompetence, the legislature cannot enact a law declaring that the judgement of the Court shall not operate; it cannot overrule or annul the decision of the Court. But this does not mean that the legislature which is competent to enact the law cannot re-enact the law. Similarly, it is open to the legislature to alter the basis of the judgement. The new law or the amended law can be challenged on other grounds but not on the ground that it seeks to in effectuate or circumvent the decision of the court. This is what is meant by “checks and balance” inherent in a system of government incorporating separation of powers.

62. ……………………..

Constituent Assembly and Separation of Powers 

There are chiefly two reasons why the Constituent Assembly did not insert the separation of powers doctrine explicitly in the Constitution.

1. The founding fathers thought that it was too late to be inserting this principle as the Constitution was already drafted.

parliamentary for

2. Also, India adopted the British parliamentary form of government. So, they thought it was better to avoid adopting a complete separation of powers doctrine like the American model.

Relationship between Legislature and Judiciary 

Even though the functions of the executive and the judiciary are well-defined in the Constitution, the system of checks and balances ensures that each one can impose checks on the other.

The judiciary can strike down laws that it considers unconstitutional or arbitrary.

The legislature, on its part, has protested against Judicial Activism and tried to frame laws to circumvent certain judgements.

Judicial activism is said to be against the principle of separation of powers.

There have been instances where the courts have issued laws and policies through judgements. For example, the Vishakha Guidelines where the SC issued guidelines on sexual harassment.

In 2010, the SC directed the government to undertake the distribution of food grains.

If the judiciary oversteps its mandate and crosses over into the territory of the legislature or the executive, it is called Judicial overreach.

Judicial Supremacy and Parliamentary Sovereignty 

63. ………………………………

To strike a balance between the judiciary and the legislature, the Indian constitution uses the following principles:

The doctrine of Parliamentary Sovereignty has been adapted from the British Constitution.

The doctrine of Judicial Supremacy has been adapted from the American Constitution.

The power of judicial review of the Supreme Court of India is narrower in scope than the Supreme Court of the USA.

The Constitution of India guarantees ‘established procedure by law’ in Article 21 instead of the ‘due process of law’ provided in the American Constitution.

The Indian Constitution has opted for an amalgamation of Britain’s principle of parliamentary sovereignty and the judicial supremacy of the USA.

The Supreme Court, on the one hand, can declare the parliamentary enactments as unconstitutional using the power of judicial review.

The Parliament, on the other hand, can amend a large chunk of the Constitution using its constituent power.

Relationship between Legislature and Executive 

The Constitution states that the executive branch of the State (Council of Ministers) shall be collectively responsible to the Legislature (Lok Sabha). This implies that the Parliament should supervise the work of the government and hold it accountable for its actions.

In a parliamentary form of government, the executive is not separated from the legislature in that the members of the council of ministers are members of the legislature.

The executive loses power when it loses the confidence of the legislature. The executive/council of ministers is dismissed if it loses the legislature’s confidence before its tenure is over. So, the legislature controls the executive through a vote of no-confidence.

The head of government and head of state are different. The head of the government is the Prime Minister while the head of state is the President.

64. ………………….

The parliament makes laws in general broad terms and delegates the powers to the executive to formulate detailed policy and implement them.

In a presidential form of government, the executive is not accountable to the legislature. One person is the heads of both the State as well as the government. A minister need not be from the legislature.

Relationship between Executive and Judiciary 

There are several provisions in the Constitution that make the judiciary independent. This is because, it is believed that for a democracy to remain efficient and effective, the judiciary must be independent. The judiciary is said to be the guardian of the constitution. If the executive also assumes judicial powers, that sort of a government tends to become oppressive.

However, there are some judicial functions which are performed by the executive as well. They are:

1. The appointments of the judges are made by the executive.
2. The President and the Governors also enjoy the power to pardon, reprieve, etc. These are direct judicial functions.
3. Under the system of administrative adjudication, the executive agencies have the power to hear and decide cases involving particular fields of administrative activity.

The judiciary also performs some executive functions. It can review the actions of the executive and declare them void if found unconstitutional.

Checks and Balances 

The strict separation of powers that was envisaged in the classical sense is not practicable anymore, but the logic behind this doctrine is still valid. The logic behind this doctrine is of polarity rather than strict classification meaning thereby that the centre of authority must be dispersed to avoid absolutism. Hence, the doctrine can be better appreciated as a doctrine of checks and balances.

In Indira Nehru Gandhi’s case, Chandrachud J. observed – No Constitution can survive without a conscious adherence to its fine checks and balances. Just as courts ought not to enter into problems intertwined in the political thicket,

65. ……………………………

Parliament must also respect the preserve of the courts. The principle of separation of powers is a principle of restraint which “has in it the precept, inmate in the prudence of self-preservation; that discretion is the better part of valour”.

The doctrine of separation of powers in today’s context of liberalization, privatization and globalization cannot be interpreted to mean either “separation of powers” or “checks and balance” or “principles of restraint”, but “community of powers” exercised in the spirit of cooperation by various organs of the state in the best interest of the people.

Judicial Overreach 

The Supreme Court has been accused time and again of pronouncing judgements that are often termed as judicial legislation. This happens when in the guise of giving guidelines and creating principles, they assume the powers of the legislature, for instance, by laying down the basic structure doctrine, the Supreme Court has put limitations on the legislature’s power to make and amend laws. The judiciary through the collegiums system has also been accused of infringing on powers of other branches. The essential function of the judiciary is to interpret the law rather than to be keen in the appointment of judges. After all, ours is a parliamentary form of democracy wherein parliamentarians are elected by people and they have to face the people, they are filling the slogan of “We the People”; as compared to this, judges are enjoying fixed tenure. They are accountable to none as such and they should concentrate on justice delivery rather than the appointments.

66. ……………………………………………….

Executive 

President: Qualification, Election, Powers, Removal 

President 

Elected for 5 year term & eligible for re-election.

Executive head of India & all the executive powers of the union shall be vested in him .

Supreme commander of the arm forces.

1st citizen of India & occupies 1st position under warrant of precedence.

Executive powers vested in president shall be exercise on advice of COM responsible to the parliament, however, 42nd amendment made it obligatory for the president to accept advice of COM

Election of President: Article 54 

The President of India is elected indirectly by the Electoral College according to secret ballot by the system of proportional representation through single transferable vote. The President of India is elected by an electoral college consisting of:

ses of Parliam

Elected members of the two Houses of Parliament and Legislative Assemblies of the States.

States includes national capital territory of Delhi and the Union territory of Pondicherry

Do Not Participate 

Nominated members of both the houses of the parliament & of state legislative assemblies.

All the members of legislative council of states.

There shall be uniformity in the scale of representation of the different states at the election of the President as follows:

67. ………………………………………

Value of vote of an MLA of a state: (Population of state / Total number of elected members of state legislative assembly) * 100

Value of vote of an MP: (Total value of votes of MLA’s of all states/ Total number of elected members parliament) * 100

Hence, value of vote of MLA of UP is highest & value of vote of MLA of Sikkim is lowest.

By 42nd amendment, census of 1971 was to be followed till 1st census after 2000, but in 2000, Union cabinet extended the same till 1st census after 2026 by 81st amendment 2001.

For a candidate to be President, one must fulfill electoral quota 

Electoral Quota: (Total number of valid votes polled / 2) + 1

Candidate with last position gets eliminated & 2nd preference of all ballots, who ranked eliminated candidate 1st, is added to all accordingly. This process is followed till someone fulfill electoral quota.

Dispute regarding election of president (Article 71) or vice president is inquired & decided by supreme court whose decision is final.

Article 71 further states that no such disputes can be raised on the grounds of any vacancy in electoral college.

Article 58 → Qualification for election of President 

Must be citizen of India.

Must be of 35 yrs of  age.

Must be qualified for election for member of house of the people (LS)

Must not hold any office of profit under Gov. of India or Gov. of any state or any local or other authority.

Following persons shall not be deemed to hold any office of profit, hence are qualified for being a candidate for presidential election:

68. …………………………..

President

Vice President

Governor of any state

MP/MLA

Conditions to Presidential Office 

Shall not be member of any house of the parliament or state legislature & if he is, then must vacate the seat.

Shall not held any other office of profit.

Immunities to the President 

Personal immunity from legal liabilities for his official acts.

Immune from any criminal proceeding during his terms of office means can not be imprisoned or arrested, However, civil proceedings can be instituted in his term of office w.r.t his personal acts, giving 2 months of notice prior to the proceedings.

Oath by President (Article 60) 

President takes oath in presence of chief justice of Supreme Court ” To preserve, protect & defend the constitution & law.”

Terms of office of President (Article 56) 

President shall hold the office for terms of 5 years from the date he enters upon his office. Even after expiry of his terms, he shall continue in office untill his successor enters upon his office.

May resign his office before the expiry of his normal terms of 5 years by writing to the vice president.

Article 61 (Impeachment of the President) 

89. …………………………………..

Power of impeachment of president lies in parliament only for violation of the constitution & can be removed from his office before the period of 5 years (Quasi- judicial process) 

Impeachment resolution can be initiated in any house of the parliament.

Resolution initiated must be signed by 1/4th of the candidate of the initiating house.

Before the resolution is passed, a 14 days’ notice must be given to the president.

Such a resolution must be passed by majority of not less than 2/3rd of total membership of the initiating house.

Then the other house of the parliament also called investigating house investigates the charges by itself.

President has the right to appear & to be represented at such investigation to defend himself.

If as a result of investigation, other house also passes a resolution supported by not less than 2/3rd of total membership of the house, President stands removed from his office, from the date investigating house passed the resolution.

Other than impeachment, no other penalty can be imposed on the president for violation of the constitution.

Process of impeachment of President is deficient on following accounts: 

Term ‘violation of constitution is very vague term & has not been defined anywhere in the constitution.

Elected members of legislative assemblies have no role to play in impeachment proceeding while they have a role in election of the president.

Nominated members of parliament have the right to deliberate & vote when the resolution of impeachment is under consideration while they have no vote in election of president.

Procedure & authority to investigate the charges against president have not been specified nor any definite time period has been specified.

70. ……………………………..

Vacancy in President’s Rule 

In case, office of president falls vacant due to death, resignation or removal of President, Then Vice president or in his absence Chief justice of India or in his absence Senior most judge of SC becomes the president until next elections are held & new president assumes the office.

President’s office can remain vacant for max. of 6 months.

If president is not able to discharge his duties due to sickness or absence or due to any other reason than the vice president discharges the functions of President (VP is entitled to the same allowances & privileges of President during this period).

Article 53: Executive powers of the union shall be vested in president & shall be exercised by him either directly or indirectly or through officers subordinate to him, But always in accordance with the constitution.

Executive powers→ Powers of carry out administration of affairs of the state, except functions of legislature & judiciary.

Administrative Powers of president 

Powers to appoint 

Prime minister of India.

Attorney General of India.

Comptroller & Auditor general of India.

Judges of Supreme Court & High court.

Governor of the states.

Finance commissioner & its members.

Members of UPSC & Joint commissions for group of states.

Chief election commissioner & its members.

71. ……………………………..

Chairman & members of SC & ST of commissions.

In fact every appointment of union government is made in the name of president or under his authority.

He directly administers the Union territories through administration appointed by him .

President can declare any area as scheduled area & has powers w.r.t administration of schedule areas & Tribal areas.

Power to remove 

kur’s IAS Acad 

His ministers’ individually.

Attorney general of India.

Governor of the state.

Chairman of UPSC or state administration on report of SC.

Judges of SC or HC.

Chief election commissioner.

Comptroller & auditor general of India.

Finance commissioner.

(Removal mainly based on the address of the parliament) 

Legislative Powers 

Summons the houses of parliament atleast twice a year, Prorogue either house & can dissolve Lok sabha.

Nominates 12 members of Rajya Sabha & may nominate 2 representatives of Anglo Indian community to Lok Sabha.

72. ………………………………

May address either house seperately or jointly or can send messages to them. At the commencement of 1st session of parliament annually, President delivers an address corresponding to queens speech from the throne in British parliament.

Every bill passed by parliament must receive presidential assent before it can become an act. President may give his assent or withhold or return it for reconsideration along with his own suggestions (Except money bill and constitutional amendment bill).

But if the bill is passed again with or without the amendments President is bound to give his assents to it.

President makes certain reports & statements to be laid before parliament as stated below:

Annual financial statement (Budget) & supplementary statement.

Auditor General Report relating to accounts of government of India.

Recommendation made by finance commission.

Report of UPSC, explaining the reasons where any advice of the commission has not been accepted.

Report of National commission for SCS & STs.

Report of special officers for linguistic minorities.

Certain bills (Bill for formation of new states or alteration of boundaries of states, money bill, financial) needs presidential recommendations for introduction in parliament.

Veto powers of the President 

Absolute Veto: Power of president to withhold his assent to a bill passed in parliament. The bill then ends & does not become an act. If before passing assent to a bill, ministry resigns & a new COM is formed, then on its advice President can use his veto powers against the bill. (In 1954, Rajendra prasad withheld his assent to PEPSU appropriation bill).

73. ………………………………

Suspensive Veto: Power of president to return a bill passed in parliament for reconsideration (except money Bill).

Pocket Veto: No time frame for President to give his assent or refuse i.e. pocket a bill for infinite times (Not for constitutional amendment bill as 24th amendment 1971, made it obligatory for the president to give his assent to constitutional amendment bill.

Ordinance making powers of the President 

Ordinances – interim or temporary legislation laws → President can issue ordinances only on subjects’ parliament can legislate or make laws with same limitations as of parliament.

President promulgate ordinances (authoritive order) under article 123 mainly when either or both the houses of parliament are not in session & immediate action is needed.

A Presidential ordinance has same force & effect as an act of parliament. However, it must be laid down before both the houses of the parliament & must be approved by both the houses within 6 weeks from re-assembly of houses. Failure to comply with this condition or parliamentary disapproval within 6 weeks period will make ordinance invalid.

Judicial Powers (Basically Pardoning Powers) 

Where the punishment or sentence is by court martial.

Where the punishment is for offence against union law.

In all cases where sentence is death sentence “Only authority for pardoning a death sentence.”

Pardon: Can rescinds both conviction & sentence + can absolve the offender from all offences & disqualification.

Reprieve: Can make stay of execution of a sentence (esp. of death) for pardon or commutation.

Remission: To reduce amount of sentence without changing its character (ex. 6 months for 1 yr) .

74. ………………………………….

Respite: Awarding a lesser sentence instead of a prescribed penalty in view of special facts (ex. in case of pregnant women offender).

Commutation: Substitutes one form of punishment for another or lighter character.

Emergency Powers 

National Emergency → Article 352 → On grounds of threat to security of India or any part of it, By war, external aggression or armed rebellion.

Presidential Rule → Article 356 → Proclamation for taking over the administration of a state, when state government can not carry out administration in state in accordance with provisions of the constitution.

Financial Emergency → Article 360 → Article 360 → When financial stability of credit of India or any part thereof is threatened.

“Any proclamation under the emergency powers of the president, in order to be in operation beyond a certain period, should be approved by parliament within the period so specified by parliament.”

Financial Powers 

It is only on the permission of president that annual financial statement (Budget) is laid down before the parliament.

Recommends the introduction of money bill & financial bill in parliament.

Constitutes finance commission after every five years.

Controls contingency fund for unforeseen expenses like flood, drought, war etc.

Places report of CAG before parliament & recommendations of Finance commission.

Military Powers 

Supreme commander of armed forces.

75. ……………………………..

Has power to declare war & peace.

But, His military powers are subjected to the regulations of law, therefore, parliament has the real power to regulate or control the exercise of such powers.

Diplomatic Powers 

Sends & receive ambassadors & other diplomatic representatives.

All treaties & international agreements are negotiated & amended in the name of president, though subjected to ratification by parliament .

President’s Position 

Whenever constitution requires the satisfaction of the president, it is not his personal satisfaction, but is the satisfaction of COMS.

It is obligatory for the president to always have a C.O.M.

Even after dissolution of lower house (Lok Sabha) of parliament, COMis in existence to aid & advice the president in exercise of his executive powers.

If he ignores the advice of COMs or acts contrary to advice of COMs, he can be impeached for violation of constitution.

42nd amendment, 1976 →Amended article 74 & made advice of COMs binding for the president.

44th amendment 1978 → Further amended 74th article that President may require COMS to reconsider an advice, but is bound to act after reconsideration.

Though president is not connected with decision making power of the cabinet, yet article 78 A, casts on PM to keep President informed of all cabinet decisions, concerning administration of affairs of the union & proposal for legislation. Under some circumstances, president has to act as per his own wisdom, sense of justice & discretion:

76. ………………………………

Appointment of PM, under situation when no single political party commands clear majority support of lok sabha.

Appointing a PM in case of vacancy due to sudden death & availability of no acknowledged leader, due to inability of legislature party to do so and absence of settled seniority among cabinet members; name of PM is proposed from outside.

Dissolution of Lok sabha on advice of COMS which has lost the support of majority members of lok sabha or against whom a motion of no confidence has been passed.

Dismissing ministries, in case COMS has lost the confidence of lower house of the parliament but still refuses to resign.

Vice President: Qualification, Election, Removal, Emoluments 

Vice President 

Appointed for 5 years.

Ex-officio chairman of council of states (Rajya Sabha).

2nd highest dignitary of India, occupying 2nd place in warrant of precedence.

Presides over the proceedings of Rajya sabha.

Whenever vacancy occurs in the office of President or President is unable to discharge his duties, Vice President acts as president of India & ceases to perform duties as chairman of Rajya Sabha (During this period, he is entitled to all emoluments & incentives of President).

Qualification for Vice President 

Must be citizen of India.

Must be 35 years of age.

Must not held any office of profit

77. …………………………

Qualified to be elected as a member of Rajya Sabha.

Can not be a member of either house of the parliament or state legislature & if a member of parliament or state legislature is elected as Vice President, he ceases to be member of parliament of state legislature from the date he enters upon his office of VP.

VP holds office for 5 years, but if his successor is unable to enter the office, he continues to hold his office beyond the stated period of 5 years until his successor enters upon his office (But election is to be held no later than 60 days of expiry of the term of office of outgoing VP).

Election of Vice President 

Elected indirectly by Electoral College, consisting of all members of parliament (Both elected & nominated) → (State government do not participate in VPs election).

Election is held in accordance with system of proportional representation by means of single transferrable vote & voting via secret ballot.

Supreme Court has final & exclusive jurisdiction for resolving disputes & doubts relating to election of Vice President.

Oath – Vice President 

VP takes oath in presence of President, “to bear true faith & allegiance to constitution of India & to faithfully discharge duties of his office.”

Removal of Vice President 

VP can be removed from his office by a resolution raised only in Rajya sabha, passed by effective majority e. Greater than 50% of (Total membership – Vacancy) & agreed upon by simple majority i.e. greater than 50% of total voting members, of the Lok sabha.

Prior to passing the resolution in Rajya sabha, a 14 days’ notice should be served to him.

78. …………………………….

A formal impeachment is not required for his removal as in case of President.

Council Of Ministers 

Council of Ministers consists of 

“Cabinet ministers + Minister of States (Independent charge) + Deputy Minister (Minister of state).”

Points to Ponder 

PM is appointed by President & on PM’s advice COMs (President has to accept PM’s choice).

Strength of COMs is not fixed, but depends on PM but shall not increase 15% of total strength of the Lok sabha as per 91st amendment.

A COM must be a minister of either of the house of parliament. If a person who is not a member of either house of the parliament, is appointed as minister, he shall cease to be a minister after 6 months, unless, he manages to get elected to either of the 2 houses.

Ministers are required to take oath of secrecy administered by President.

A COM may be chosen from either house of the Parliament. A COM who is member of one house, has the right to speak in & take part in proceedings of other house without any right to vote if he is not the member of that house.

Constitution does not classify members of COM into different ranks, but is done informally following British practice.

Cabinet 

An informal body of senior ministers who forms the inner circle. It is the cabinet, which meets as & when summoned by PM, for taking important decision of the government.

79. ……………………………….

Cabinet is the real policy making body of COM

A cabinet minister always heads a ministry & is given independent charge of it, unless he is appointed as a minister without portfolio.

Generally assisted by minister of state (but not bound constitutionally) or a deputy minister or both.

A cabinet minister attends meetings of cabinet on his own right.

A minister of state is given an independent charge but generally assist a cabinet minister in running the ministry

A minister of state can not attend meeting of cabinet on his own right but can attend if invited. He is normally invited when given independent charge of a ministry.

A deputy minister is a junior member of the COM. He always functions under a cabinet minister or minister of state. He does not attend a cabinet meeting.

Original constitution did not specifically mention the word cabinet anywhere. It was through 44th amendment, 1978 word cabinet was used under article 352. But it is not defined anywhere & is based on understanding & conventions of Britain.

All members of COM are not member of cabinet. Its composition is flexible. It is for PM to determine from time to time the composition of cabinet, though due to relative importance of certain departments, their ministers are invariably its members.

Cabinet is central directing instrument of government in legislation as well as administration. It is cabinet which controls parliaments & governs the country. Primary function of cabinet is to formulate policies of government for the good governance of the country, have it accepted by the legislature & carry on executive function of the state as per the constitution & laws.

Principle of collective responsibility 

Basic principle of parliamentary or cabinet form of government is principle of collective responsibility.

80. ……………………………….

COMS is collectively responsible to lok sabha for the policies & decisions of the government, even though a decision taken may pertain to a single ministry.

Individual ministers may have differences among themselves on certain issues, but once a decision is taken by the cabinet, it becomes joint decision of COMS. If a minister does not agree with the decision of cabinet, he has no option but to resign from COMs. He can not disapprove a decision of the cabinet & at the same time remain as a member of COMS.

If a decision of a particular ministry on a political matter is defeated in Lok sabha, it is not the ministry who resigns, but the whole COMs resigns, But if a minister has implemented a decision without the approval of cabinet & it is defeated in Lok sabha, minister concerned only has to resign, not the whole cabinet.

All ministers are individually responsible to the President. Ministers hold office during the pleasure of the President & can be removed from COMS by the President at any time but only on the advice of PM. Hence, this power is mainly exercised by the PM .

PM (1st among equals) is keystone in cabinet arch which means if he resigns or dies, whole COMS goes out with him or COMS does not exist without the PM.

PM acts as a connecting link b/w cabinet & President in communicating all decisions of COMS & administrative or legislative affairs to the President.

He is leader of majority party in Lok sabha & the main link b/w cabinet & parliament, acts as government chief spokesperson in Parliament.

President enjoys the right to information of affairs of the state & holds: 

Right to be consulted

Right to encourage

Right to warn

Attorney General of India 

81. ……………….

“1st law officer of GOI & its chief legal advisory & primary lawyer in SC”.

Appointed by President.

Must be qualified to be appointed as a judge of SC.

Holds office during the pleasure of the President & can be removed by him anytime. Conventionally he resigns when COMS resign or is replaced as he is appointed on their advice.

Not a member of cabinet, Does not have any executive authority & is not a political appointee.

Points to Ponder 

Can not defend an accused in criminal proceedings or accept directorship of any company without the permission of the government.

Assisted by 2 solicitor generals (appointed for 3 yrs) & 4 additional solicitor generals (appointed for 3 yrs), eligible for re-appointment, for a further term not exceeding three years.

Ceny

To be consulted only in legal matters, only after ministry of law has been consulted.

Duties of Attorney General 

To give advice to GOI on legal matters

To perform other legal duties assigned to him by the president

To discharge function assigned to him by constitution or other legal laws.

Enjoys the right of audience in all the courts of India.

Entitled to take part in proceedings of the parliament & can be a member of parliamentary committees but does not have a right to vote in parliament.

Allowed to take up private practice, provided other party is not the state. Because of this he is not paid salary but a retainer (to be determined by the President) Equivalent to salary of a Judge of SC.

Difference between Attorney General & Solicitor General: 

82. …………………

Solicitor General is subordinate to the Attorney General of India and works under him.

The Solicitor General for India is the second law officer of the country, assists the Attorney General.

Unlike the post of Attorney General of India, which is a Constitutional post under Article 76 of the Constitution of India, the posts of the Solicitor General and the Additional Solicitors General are merely statutory.

Comptroller & Auditor General of India (CAG) 

Appointed by President, nominated by PM of India + Office term – 6 years or upto 65 yrs of age & can be removed by the President on the same grounds & manner as a judge of SC.

Duties & Function 

He is the chief Guardian of Public purse & head of Indian audit & account department.

Audits accounts of Union & states to ensure nothing is spent out of consolidated fund of India or of the state without the sanction of the parliament or respective state legislature.

Audits government owned companies (51% stake of Gov.) as an external auditor.

Reports of CAG are taken into consideration by public accounts committee (PAC

Public accounts committee(PAC) 

A committee of not more than 22 members (LS → 15 & RS →7)

formed every year in parliament & state legislature.

No member of PAC should be from COM).

Chairman of PAC is appointed by speaker of Lok sabha & is generally from opposition party.

83. ………………………………

Independence of office of CAG 

Gets security of tenure as though appointed by President, CAG may be removed from his office only on the grounds of proved misbehavior or incapacity only in a manner as a judge of SC is removed (i.e. each house of parliament is passing a resolution supported by not less than 2/3rd of the members present & voting).

Salary & conditions of his service can not be changed except under financial emergency.

His salary is charged from consolidated fund of India & is not subjected to vote of parliament (paid salary equivalent to Judge of SC) & is eligible for annual pension.

In other matters, his conditions of service shall be determined by rules applicable to an IAS officer, holding a rank of secretary to GOI.

After retirement, he is disqualified for appointment under union or state government.

84. ………………………..

The Parliament – President, Rajva Sabha & Lok Sabha

Indian Parliament:

President

Council of states (Rajya Sabha)

House of the people (Lok Sabha)

(Figure)

Though President is not the member of either house of the parliament, he is an integral part of it.

Principle function of Parliament is to legislate i.e. to make laws on all subjects enumerated in Union and Concurrent list (also on residuary subjects) & in some cases on state list subjects for the benefit of the country.

COM as a body is responsible to parliament for general affairs of the government.

As a result, a vote of no confidence against any one minister is tantamount to vote of no confidence against whole COM.

Lack of parliamentary confidence in the government may be expressed by house of the people by –

85. …………………………

Passing motion of no confidence in COM.

Passing a censure motion.

Passing an adjournment motion.

Defeating the government on financial measures.

Rajva Sabha 

VP is ex-officio chairman of Rajya Sabha

Total membership is 250.

238 members elected as representative of state & UTs.

12 members nominated by president (Veterans from art, science, literature & social services).

There is no difference b/w elected & nominated members except only elected members can participate in elections of President.

Office term for RS is 6 years with 1/3rd of members retiring every 2 years.

RS members are elected by legislative assembly of states & UTs by means of single transferable vote through proportional representation (Based on population).

Only 4 members are elected from UTS.

3 from Delhi.

1 from Pondicherry.

No seat is reserved for SCS & STS.

Retired members of RS are eligible for re-election & re-nomination.

RS meets in continuous sessions & is not subjected to dissolution.

Salary & other benefits are same as Lok sabha.

RS have equal footings in all the areas of legislation compared to Lok sabha except in area of supply, where Lok sabha has overriding powers.

86. ………………………………..

Qualifications

Must be citizen of India & have attained 30 years of age.

Must be a registered voter in parliamentary constituency in any of the state.

Subscribe before election commission an oath, as prescribed by 3rd schedule.

Working Hours: 

11 am – 12

Q & A hour

1st hour of working days i.e. Monday to Friday.

Special Powers

A resolution seeking removal of VP can be originated only in Rajya Sabha.

Under article 249, it can shift an item of state list to union or concurrent list.

If RS passes a resolution by majority of not less than 2/3 rd of members present & voting, then it is expedient for parliament to make laws wrt any matter enumerated in state list for whole or any part of territory of India on that matter for a period of not less than 1 year.

However, RS can extend the law by passing same resolution with same majority for 1 year continuously.

If RS passes a resolution by 2/3rd of majority of members present & voting, then it is expedient in national interest to create one or more all India services.

Limitations 

Money Bill 

If Rajya Sabha returns the bill to Lok Sabha opposing the bill, then it is deemed to have passed.

87. ……………………………

Rajya Sabha can send recommendations to Lok Sabha, but Lok Sabha is not bound to act on it.

Also Rajya Sabha does not have pocket veto & if it does not passes the bill within 14 days, it is again deemed to have been passed by the house.

No confidence Motion 

Unlike Lok Sabha, it cannot pass motion of no confidence against the government.

Lok Sabha 

Also known as lower house of parliament or house of the people

Members are directly elected by the people for 5 years

Lok Sabha can be dissolved by the President

Total strength is 552

530→ Representatives of the state,

20→→ Representatives of UT’s

Parliament has frozen the representation of states & UTS at 543 till 2026 by 84th amendment in 2001.

Seats are allotted to every state on the basis of population as far as possible.

Based on 2001 census i.e. in ratio b/w no. of to its population.

Provision does not apply to states having Population <6 million.

Certain seats are reserved for SCS & STS → According to 87th amendment 2003 viz.

2001 census as delimitation of constituencies of Lok Sabha.

State legislative assemblies within the state for SC/ST population.

42nd amendment 1976, extended the normal life of Lok sabha to 6 years but

44th amendment 1978 again reversed it to a period of 5 yrs.

88. …………………………..

Duration of Lok sabha can be extended by a max. of 1 year at a time during proclamation of national emergency – Article 352, But if proclamation comes to end then not more than 6 months.

Qualifications 

Must be a citizen of India & must have attained age of 25 years.

Must be a registered voter in parliamentary constituency of India.

Must subscribe by an oath administered by Election commission as mentioned in 3rd schedule.

Special Powers 

Motion of no confidence can only be initiated & passed in Lok sabha.

Money & Financial bill can only be originated in Lok sabha.

RS cannot amend or reject money bill .

Under article 352, Lok sabha in special sitting, can disapprove the proclamation of President, regarding continuance in force of national emergency. Hence, President has to revoke the emergency in this case.

Rajva Sabha & Lok Sabha 

Disqualifications (RS & LS)

Must not hold any office of profit.

Must not of unsound mind & undischarged solvent.

Must not acquire citizenship of foreign country.

Must not be disqualified under any law made by the President.

Resignation (RS & LS) 

May submit resignation to the speaker of Lok Sabha / Chairman of Rajya Sabha respectively.

Disqualified if absent for 60 days without the permission of the house.

89. ……………………….

Penalty of Rs. 500/Day as a debt to Union for sitting & voting when a person is not qualified or has been disqualified or not affirmed by oath.

Difference between Lok Sabha & Rajya Sabha 

Lok Sabha 

Members of Lok Sabha are directly elected by the eligible voters.

The period of Lok Sabha is five years.

The maximum strength 552 members.

Money bills can only be introduced in the Lok Sabha. It grants the money for running the administration of the country.

More powerful than Rajya Sabha.

Rajya Sabha 

Members of Rajya Sabha are elected by the elected members. of state legislative assembly.

It is a permanent body, one third of its member retire every two years.

It has not more than 250 membres.

The Rajya Sabha does not exercise much power over money bills.

Less powerful than the Lok Sabha.

Privileges & Immunities of Parliament 

Freedom of speech to each MP which means no action shall be taken on any words or speech spoken by him during the proceedings of the house.

No action for any public speech.

Absolute immunity from any action & for anything stated within the house.

Protected from any disclosure that one makes in parliament.

90. …………………..

Freedom from arrest 

Cannot be arrested & put in prison for any civil action within a period of “40 days before & after the commencement & termination of a session of the house”..

Immunity does not extend to arrest in criminal proceedings or contempt of court or preventive detention.

Right to refuse to give evidence & appear as a witness in a case pending in court of law when parliament is in session.

Inquiries within House 

Each house has the power to institute enquiries & order attendance of the witnesses. In case of disobedience, may order to bring witnesses in custody to bar of the house

Disciplinary Powers 

For offending conduct of the house may impose disciplinary action on the member.

May expel a member for ill conduct inside or outside of the house.

Privacy of debate & Right to exclude others 

Proceedings & sitting in camera.

Publication of proceedings on media.

Powers to punish a member or outsider for contempt of the house.

Committee of Privileges 

To look after powers, privileges & immunities of the house & its members.

Lok Sabha → 15 members as nominated by the speaker .

91. …………………..

Rajya Sabha → 10 members as nominated by the chairman

Limitations 

Restrictions imposed by the rules of procedure of the house.

No discussion can take place in parliament wrt conduct of any judge of SC or HC in discharge of his duties except upon a motion for removal of a judge.

Speaker of Lok Sabha, Chairman of Rajya Sabha 

The Speaker of the Lok Sabha is the presiding officer of the Lok Sabha, the lower house of the Parliament of India. The speaker is elected in the very first meeting of the Lok Sabha following general elections. Serving for a term of five years, the Speaker chosen from amongst the members of the Lok Sabha, and is by convention a member of the ruling party or alliance.

Speaker & Deputy Speaker of Lok Sabha 

Elected by members of LS among themselves & do remain in office as long as they are members of the house.

Speaker continues in his office even after LS is constituted.

In normal situations, Speaker does not vote in 1st instance, but exercises his casting vote in case of tie i.e. in case of equality of votes → to maintain impartiality of his office.

He is representative & spokesperson of the house in its collective capacity & chief custodian of its powers & privileges.

Removal of Speaker 

Speaker & deputy speaker may resign by writing to each other

92. …………………….

Can be removed by a resolution passed by effective majority after giving a 14 days prior notice

When such a notice is in consideration against the speaker, He can not preside over the proceedings of the house. He can, however, participate in proceedings of the house & can even vote in 1st instance, though not when there is an equality of votes.

Impartiality & Independence of office of speaker 

His salary & allowances are fixed by parliament by law & charged from consolidated fund of India & are not subjected to annual vote of parliamen.

His work & conduct can not be discussed & criticized in LS except while substantive motion.

Can not be removed from the office except a resolution passed by effective majority.

Powers of Speaker 

Possesses certain powers that do not belong to chairman of RS.

Presides over joint sitting of 2 houses of the parliament.

When a money bill is transferred from LS to RS, power to certify it as money bill is given to speaker & his decision whether a bill is money bill or not is final bill is money bill or not is final.

His permission is compulsory on question of bringing adjournment motion.

Passed only in Lok Sabha.

Adjournment of business of the house for purpose of discussing a definite matter of urgent public importance).

Appointment of primary committees & himself as ex – officio chairman of certain committees of the parliament .

Speakers conduct in regulating the procedure of maintaining order in house is not subjected to jurisdiction of court.

93. …………………….

Under anti deflection act, authority of speaker if final, though open to judicial review.

Chairman/Deputy chairman of Rajva Sabha 

VP/Chairman of RS presides over the proceedings of RS as long as he does not act as President of India.

In absence of chairman, Deputy Chairman presides over the proceedings of RS.

Deputy Chairman is elected by members of RS among themselves.

Deputy Chairman’s salary is equivalent to speaker of Lok sabha.

Presiding officer of each house has the final power to interpret the rules of procedure of the house.

Both chairman & deputy chairman cannot preside over a sitting of the house, when resolution of their removal is under consideration.

However they can be present, can speak for themselves & take part in proceedings of the house but without right to vote.

Removal of Deputy Chairman 

If he resigns, or

Ceases to be member of RS, or

水

Can be removed by passing a resolution by majority, but such a resolution can only be moved after giving 14 days advance notice to him.

Bills in Parliament 

Government member bill 

Bill introduced by a minister of government, can be–

Ordinary bill

Money bill

94. …………………….

Financial bill

Constitutional amendment bill

As it is moved by the the government itself, President does not interfere in introduction of the bill as he is obligatory to advice of COM.

Private member bill 

A bill introduced by a non-government member.

President can use his powers of absolute veto & can reject the bill, provided bill comes for tabling in the house before presidential recommendation.

Every member can introduce a bill only for 4 times a year.

Types of Bills 

Constitutional 

Ordinary Money Financial  amendment

(See Copy)

95. ………………….

Provision 

for joint sitting 

(See copy)

Stages of bill 

Introduction of the bill (1st reading of the bill) 

Provisions of proposed law + statement of objects & reasons.

If a private member wishes to introduce a bill, he must give one month prior notice of his intentions to introduce the bill, seeking permission of the house to do so.

Usually it is not opposed but if it is opposed, proposal is put to vote & if house is in favour of introduction of bill, then it proceeds to next stage.

After the bill is introduced in house, it is published in Gazette of India.

2nd Reading of the bill 

Principles of the bill are discussed thoroughly & members make speech about for or against the principles of the bill .

Clause, schedules & amendment regarding bill are taken into consideration.

Bill can be referred to selection committee (Committee of the house) or can be referred to joint committee (joint committee of both the houses).

96. ………………..

If the bill is referred to joint / selection committee, they shall give their report (unanimously or via majority) within specified date (with amendments, if required).

Reports & bill (as amended) are printed & made available to members of the house (Report stage of the bill).

Bill is then taken up for consideration clause by clause.

This is the stage where bill undergoes substantial changes & amended if found necessary.

3rd Reading of the bill 

Final reading & more or less a formal affair.

Debate is confined to acceptance or rejection of the bill & submitted to vote of the house.

If accepted, it is passed to other house & same process follows.

Other house has mainly 4 alternatives viz.

May pass the bill without amendments.

May pass the bill with amendments → In this case, Bill is returned to originating house. If originating house accepts the amended bill, it would deem to have been passed by both the houses. However, if originating house does not agree with it, President may summon a joint meeting of both the houses to resolve the disagreement & deadloc.k

It may reject the bill altogether. President may summon joint sitting of both the houses to resolve the deadlock.

May not take any action on the bill by keeping it lying on the table. After lapse of 6 months from the date of reception of the bill, President may summon joint sitting of both the houses to resolve the deadlock.

Joint sitting of the Parliament

97. …………………….

Presided over by Speaker of Lok sabha, then in his absence, Deputy Speaker of LS, then in his absence, Deputy Chairman of RS & even in his absence any member as agreed by both the houses

Deadlock is resolved by total number of members of both the houses present & voting. Generally, will of LS prevails due to its larger size.

After the passage of the bill, it is presented to the President for his assent.

No provision of Joint sitting for Money bill & constitutional amendment bill.

Presidential Assent 

If it is money bill or constitutional amendment bill he has to give his assent, but in case of any other bill, he may return it to the parliament for reconsideration with his recommendations.

If bill is passed again, with or without amendments & sent to the President for the 2nd time, he has to give his assents.

After the assent of the President, Bill becomes an act.

Money & Financial Bills 

Bill of Appropriation 

A bill which empowers government to draw some amount from consolidated fund of India.

Money Bill 

है

Decision of speaker is final weather a bill is money bill or not. His decision can not be challenged in any court of law or any of the houses or by the President.

Money bill can only be introduced in Lok sabha with recommendations of President.

98. ………………………..

(Figure)

Provisions for money bill 

Imposition, abolition, remission, alteration or regulation of any tax.

Regulating & borrowing money from the government.

Money into or out of consolidated fund of India.

Any expenditure charged on consolidated fund of India or to increase amount of such expenditure.

Receipt or withdrawal of custody of public accounts of India or audit of account of union or state.

Rajya Sabha on Money Bill 

है

Rajya Sabha can not amend or reject a money bill but only plays a recommendatory role in passing of money bill.

RS must return the money bill within 14 days to LS with or without any recommendations.

Weather LS accepts or does not except recommendations of RS, bill is deemed to have been passed by both the houses.

Now bill is forwarded to President for his assent & he is bound to give his assent to the bill.

99. ……………………………

Financial Bill 

Apart from the provisions of money bill, it includes other provisions as well & can be introduced in LS only on the recommendations of President.

Since it include other matters also RS has equal say to amend or reject it by virtue of its powers.

President can also send the bill for reconsideration for once.

Budget, Funds, Expenditure & Grants in India 

Budget (Annual Financial Statement) 

It is represented before Lok Sabha upon recommendation of the President & it is the duty of President to lay it before both the houses of Parliament.

Presented by Finance minister on last working day of Feb month in parliament.

Presents an estimate of receipt & expenditure of GOI for the following financial year.

Gives proposal of taxation & other means to raise the receipts to meet the expenditure.

Contains actual receipts & expenditure of previous year with detailed review of financial position of said period.

After its introduction, Lok Sabha discusses the demands for grant (i.e. proposed expenditure) of various ministries & departments, one by one. All such expenditures are charged from consolidated fund of India & presented in form of single bill called appropriation bill.

Proposal for taxation to raise revenue is presented in form of financial bill.

Types of funds in India 

Consolidated fund of India 

100. …………………….

A fund to which all revenues received, loans raised & income received by GOI are deposited.

All legally authorized payments on the behalf of GOI are made out of this fund.

No money can be spent out of this fund except through grants made by parliament.

(Figure)

Public accounts of India 

em

All other public money except the one credited to consolidated fund shall be credited to Public accounts of India.

Bank savings account of the departments/ministries (for day to day transactions).

National Investment fund – NIF (Money earned from disinvestment).

National Calamity & contingency fund (NCCF) (Under Home ministry) → Merged with NDRF.

National small savings fund, defense fund, provident fund, Postal insurance etc.

All Cess & Specific purpose surcharge

Government schemes Fund (Eg. MNREGA)

No need of Parliament’s approval

Contingency fund of India

101. ………………………..

Created in 1950, with a limit of merely 50 cr, raised to 500 cr in 2005, at the disposal of the President to meet unforeseen expenditures – Operated by Finance secretary.

Contingency fund is used by the President where parliament’s approval cannot be obtained owing to time factor.

However, sanction of parliament is necessary to replenish this fund from consolidated fund of India.

States have their own consolidated & contingency funds.

Expenditures & Grants 

Charged Expenditures 

Expenditures that do not require approval of parliament to be spent out of consolidated fund of India. These expenditures are sanctioned by constitution itself:

Emoluments, allowances & expenditure of President & his office

Salary & allowances of chairman / Deputy chairman of RS + Speaker / Deputy speaker of Lok Sabha.

Debt charged for which GOI is liable.

Salaries, allowances & pensions of SC judges & CAG.

Vote on account 

Power of Lok Sabha (not of Rajya sabha) to authorize various ministries to incur expenditures for a part of financial year, pending the passage of appropriation bill by the parliament

Vote of Credit

102. ……………………

Granted for meeting an unexpected demand upon the resources of India, when on account of magnitude, the demand could not be stated with details ordinarily given in the budget.

Supplementary Grant 

Granted when the amount authorized by parliament through the appropriation act for a particular service for current financial year is found to be insufficient.

Additional Grant 

Granted when a need has arisen during current financial year for additional expenditure for some new service, not contemplated in budget for that year.

Excess Grant 

Granted when money has been spent on any service during a financial year in excess of amount granted for that service in the budget for that year.

It is voted by Lok sabha after the financial year.

Sessions of Parliament 

President summons each house of the parliament at such intervals that there should be not more than 6 months of gap b/w 2 sessions of the parliament, Hence the parliament must meet atleast twice a year.

Powers to dissolution or prorogation are exercised by the President but power of adjournment belongs to respective presiding officer. Time between prorogation & Re- assembly is called Recess.

Feb – May Longest

Budget: Feb, May, Longest

103. ………………….

Session 

Monsoon Session: 

July -August

Winter 

Session:

Nov-Dec Shortest

Special session 

Convened by President on request of COMS

If LS is not in session, not less than 1/10th of the members, on prior notice of 14 days, can write to President for revoking national emergency.

Private member’s business 

Every member who is not a minister is called a private member.

Private member’s business include private member’s bill & resolutions

Period of notice for introduction of bill is one month, unless presiding officer allows introduction at shorter notice

Period of notice for resolution is 2 days.

Question hour (11AM – 12) 

1st hour of business

Keep Ministers accountable for gov. & keep them on toes.

Starred questions 

Starred questions are one of whom a member desires an oral answer.

Answer to such question may be followed by 5 supplementary questions by other members.

104. ………………………………

Unstarred questions 

Unstarred questions are one of whom written answer is desired by the member.

No supplementary questions can be asked thereon.

Requires a time period of 10 days.

Short notice questions 

Relates to matter of urgent public importance.

Can be asked by members with notice shorter than 10 days as prescribed for an ordinary question.

It is for the speaker to decide whether matter is of real public importance or not.

Member requires to state reasons for asking such questions while serving the notice.

Zero Hour (12 – 1 PM) 

Not recognized under the rules & procedures of house of the parliament.

A member raise any issue of public importance on very short notice or without notice at all.

105. ………………..

What happens in Parliament

(Figure)

Motions in Parliament 

O 

Basically a proposal brought before the house for expressing the opinion to the house.

Every question put in the house must, therefore, be proposed by a member as a motion.

Hence, motions are basically parliamentary proceedings.

Resolutions in Parliament 

Procedural device available to members & ministers to raise a discussion in the house on matter of general public interest.

A resolution is infact a substantive motion but unlike motions, resolution forms have been provided with the rules concerning both the houses.

If resolution is passed in form of statute / law, it has the binding effect. But, if it is passed as an expression of opinion, it has only persuasive effect.

Hence, resolution is a particular type of motion, required to be voted upon, unlike as in case of motion.

106. ………………………

Types of Motions in Parliament 

Privilege Motion 

Moved by a member, if in his opinion, any minister/ any member commits a breach of privilege of the house by withholding any fact or by giving distorted version of facts.

Adjournment Motion (only in LS) 

Setting aside normal business of the house for discussing a matter of urgent public importance.

Calling attention motion (Only in LS) 

A member with prior permission of the speaker, calls the attention of ministries on matter of urgent public importance.

He may make a brief statement or ask for the time to make a statement at later hour or date (Indian innvotaion).

Censure Motion (Only in LS)

This motion is moved by opposition parties against whole COMS or against any individual minister for failure to act / seeking disapproval of their policy

Speaker has to decide its order & fix a date for discussion of this motion & if it is passed in LS, Gov. need not to resign, but COM is bound to seek confidence of LS as early as possible

If a money bill or vote of thanks to President (in joint session of parliament) is defeated, it also amounts to censure of the government policy & gov. needs to seek confidence of LS as early as possible.

No confidence Motion (Only in LS)

COMS remain in office as long as it enjoys majority support or confidence of LS.

107. …………………………

Once, it loses the confidence of the house, it is bound to resign with immediate effect.

Moved against only COMS, not against any individual member (unlike censure motion).

Further unlike censure motion, no date is fixed or any time allotted to COMs as this motion takes precedence over all pending businesses of the house.

Confidence Motion (Only in LS) 

Came in to existence under Indian parliamentary practice mainly due to formation of coalition governments.

Process is similar to no confidence motion except it is moved by the gov. itself to prove & ensure confidence of LS.

If this motion is defeated, COMS is bound to resign.

Cut Motions (Only in LS) 

Cut motions are basically part of budgetary process which seeks to reduce the amount for grants 

Policy Cut: Implies that mover disapproves ofthe policy underlying the demand – “the amount of demand to be reduced by Rs. 1 .

Economy Cut: When demand or policy affects economy in  expenditure – “the amount of demand to be reduced by Rs………. .

Token Cut: Seeks the”Demand to be cut by Rs. 100″ to voice a particular grievance against the government.

108. …………….

Whips in Parliament 

Directives issued by chief functionary of a political party in parliament to ensure support of its members, voting in favour or against a particular issue on the floor of the house.

A person may loose membership of the party & the legislature if he votes against the whips or abstain from voting

Speaker Protem 

Usually senior most member in terms of years one has served & then age.

As soon as new LS is constituted, President appoints a speaker protem to administer the oath of newly elected LS members & to preside over election of next speaker.

Ceases to be speaker as soon as new speaker is elected.

Commonly Used Terms in Parliament 

“Glossary to find out definitions for words and phrases commonlyused in the Parliament.”

Re-Election: Takes place due to rigging, booth capturing,

countermanding or employing any other unfair means during elections

Bye Election: When seat is rendered vacant (Due to death, resignation or any other subsequent disqualification of member originally elected)

 Midterm election: If LS or state assembly is dissolved well before the expiry of its full term then the elections are held to constitute new house.

109. …………….

Leaders of Opposition:  Leader of largest opposition party in LS having at least 1/10th of the strength of the house. Lame Duck Session: Refers to last session of old parliament, held after a new LS has been elected as a result of general elections. Lame ducks under it are those members who were part of old house but could not get re-elected for the new house.  

Filibuster: Parliamentary device of long winded speeches, not necessarily relevant to delay a matter under consideration for voting (Not practised in India)

Snap Vote: Refers to a vote taken unexpectedly without voters being briefed or informed about it in advance

Gerry Mandering: Reorganisation of electoral districts by political party in power in attempt to gain advantage in upcoming elections.

Hung Parliament: After a general election, when no political party or combination of parties is in position to form a government by majority.

Guillotine: When due to lack of time, demand of grants are put to vote whether they are discussed or not in the house on last working day of allotted time.

Quorum: Minimum required number of members present to validly transacts the business of the house (1/10th of total members of the house including Presiding officers).

110. …………………………

Point of order: A process, which when raised has effect of

suspending the proceedings before the house & member who is on his legs gives away.

Breach of privileges & contempt of parliament 

When any individual or authority disregards any of the privileges & immunities, either of the member or of the house, the offence is called breach of privileges.

Any act which impedes either the house or performance of official function of the house or of any of its member, is called contempt of parliament

Delegated / Subordinate Lagislation

 

MPS/MLAS make laws only in broad skeletal form, Executives fill up the minor details.

When legislatures outsource the law making work to the executives, then it is known as delegated / subordinate legislation.

Committee on subordinate legislation examine the rules & regulations made by the executives & submit its report to the house.

Hence parliament continues to keep its control over delegation.

The State Executive – Governor, COM & Advocate General 

Governor→ → Executive Head of States 

“Acts on advice of COM + All executive actions of state are taken in his name.”

Same person can be appointed as Governor of one or more state.

Acts as a link b/w center & state & it’s his duty to send reports to the President of the affairs of the state fortnightly.

Dual responsibility → head of the states + representatives of center in state.

111. ……………………………….

(Figure)

Appointment of Governor 

Appointed by President for 5 years but can be removed before his office terms, by the President on advice of PM.

Even can be transferred from one state to other by President on advice of PM.

Rajasthan high court held that CJ of HC can be appointed as an acting governor in place of vacancy in governor’s office due to death, resignation etc.

Qualifications

Must be citizen of India & of 35 years of age.

Must not be member of any house of Parliament or of state legislature. Must not hold any office of profit.

Oath 

Before CJ of HC or in his absence, before senior most judge available .

112. ……………………….

Immunities to Governor 

Shall not be answerable to any court for exercise & performance of powers & duties of his office.

No criminal proceedings can be instituted or continued in any court during his terms of office.

No process for arrest or imprisonment of governor from any court during his terms of office.

Civil proceedings against him, in which relief is claimed, can be instituted giving 2 months prior notice.

Sarkaria Commission report on office of Governor (Recommendations only) 

A politician belonging to ruling party at the center should not be appointed as governor of state being run by some other party.

Must be appointed after consultation with state concerned.

Must be a detached figure from state politics & must retain power to refer any bill to center for assent.

Powers & functions of Governor 

Executive Powers of governor 

All executive powers of the state are vested in governor & all executive actions of state government are taken in his name.

Executive powers of governor extend to all matters on which state legislature can make laws.

In case of concurrent list executive powers of governor are subjected to executive powers of the President.

Make rules for convenient transaction of business of government & for its allocation among ministers.

113. ………………………..

to 94th amendment, In Jharkhand, MP, Chhattisgarh & Orissa, it is special responsibility of the governor to see that a minister is placed incharge of tribal welfare.

In Assam, he is given certain special powers with respect to administration of tribal areas.

Appoints CM (Leader of majority party in legislative assembly) & on his advice COMS.

Appoints the Advocate General, Chairman and members of the respective State Public Commission; Although the later cannot be removed by him but the President on report of SC in case of certain disqualifications.

Appoint members of state election commission & state finance commission.

Acts as chancellor of state universities.

CM to communicate all decisions of COM, related to administration of state & to all the proposal for legislation, to governor.

cademy

Informs President, along with his recommendations, regarding break down of constitutional machinery & imposition of Presidential rule in state.

Legislative Powers of governor 

Power to nominate 1 member to lower house (Legislative assembly) from Anglo Indian community & 1/6th of total number of members to upper house (Legislative council).

Summons state legislature, prorogue either house & can dissolve legislative assembly.

No bill can become a law until the Governor signs it.

Can dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President.

Causes the annual Budget to be presented in Vidhan Sabha (Legislative assembly).

114. ……………………………………

No money bill / ordinary bill / financial bill can be introduced in the Assembly without his prior approval.

May give his assent or withhold his assent to a bill / Can withhold a bill and send it to the President for consideration / may return to legislature (one time only) except money bill.

Ordinance making powers of governor 

Can issue ordinances when one or both the houses of state legislatureare not in session & when he is satisfied that certain actions are needed to be taken immediately.

However, he is prohibited from promulgating ordinances that contains provisions, which under the constitution requires previous sanction of the President. In such cases, he can make ordinances taking prior permission of President.

An ordinance issued by governor ceases to be in operation 6 weeks after the re- assembly of the legislature unless approved earlier.

Financial Powers of governor 

No money bill / ordinary bill / financial bill can be introduced in the Assembly without his prior approval.

No demand for grant can be made in legislative assembly except on his recommendations.

To introduce annual budget in state legislature showing estimated revenue & expenditure of state for that year.

Can make advances out of contingency fund of state in case of unforeseen expenditure.

Judicial Powers of governor 

Has the power to grant pardon, reprieve, respite or remission of punishment or to commute sentences in certain cases, subjected to the laws of state legislature.

115. ……………………….

Does not has the power to grant pardon in cases of death sentence – But can commute or respite it.

Emergency Powers 

Power to make report to the President whenever he is satisfied that a situation has arisen in which government of the state can not be carried on in accordance with the provisions of the constitution, thereby, inviting President to assume to himself function of gov. of the state.

When the Presidential rule is applied to state, governor becomes the agent of Union government in the state & take reins of administration directly in his own hands & runs the state with the aid of civil services on instructions received by President.

Other Powers 

On advice of election commission, he may decide a matter relating to

disqualification of a member of legislature, if his election is challenged through a petition by some voters of the state.

Annual reports of various bodies like state PSC, CAG, State finance commission etc. are submitted to governor that he causes to be laid before legislature for  consideration.

Bill Reserved by Governor for Presidential Assent 

When a Bill is reserved by a Governor, under the Article 201, for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent there from –

Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

116. ………………………..

When the bill is again presented to the President for the assent, the president is not bound to give his assent to the Bill. This means that the state legislature cannot override the veto power of the President.

The Constitution has also not prescribed any time limit within which the President has to take decision with regard to a bill reserved by the governor for his consideration. Hence, the President can exercise pocket veto in respect of state legislation also.

Council Of Ministers 

COMS with CM at its apex aid & advice the governor in exercise of his functions.

Governor is bound to follow advice of COMs except in cases where he can use his discretionary powers.

COMS is collectively responsible to legislative assembly of the state.

Any person can be appointed as the minister but ceases to be one, if he is not elected as a member of the state legislature within 6 months after his appointment as a minister.

Whereas the constitution does not provide much discretionary powers to President, it empowers the governor to exercise some functions in his discretion & while exercising his discretionary powers, Governor need not seek or act according to advice rendered by COMS.

Discretionary Powers of the Governor 

Governor of Assam determines the amount payable by the state to district council as royalty, accruing from the license for minerals.

117. …………………………….

Governor of a state as administrator of an adjoining UT can exercise his functions as administrator independent of his COMS in said UT.

In some cases, Governor is enthrusted with special responsibilities, where he seeks the advice of his COMS, but is not bound to follow them:

President may direct that governor of Maharashtra or Gujrat have special responsibility for taking steps for the development of certain areas in the state such as vidarbha, Saurashtra.

Governor of Nagaland shall have the responsibility with respect to law & order in state mainly due to internal disturbances caused by hostile Nagas.

Governor of Manipur shall have special responsibility to secure proper functioning of committee of legislative assembly consisting of members elected from hill areas of state.

Responsibility of governor of Sikkim for peace + social and economic

advancement (Equitable arrangement) of different sections of population of Sikkim.

3

Governor sends report to the President that the gov. of state can not be carried on, in accordance with the constitution. He makes such report purely on his discretion, not on advice of COMS.

In matters relating to reservation of bill for consideration of President, Governor may act on his own.

Appointment of CM, if no political party has a clear cut majority or does not have

an acknowledged leader.

Dismissal of ministry, when it refuses to resign after losing majority support in house via no confidence motion.

Dissolution of legislative assembly on advice of COM who has lost majority support in house.

118. …………………….

“However, Governor shall be bound to use his discretionary powers as a direction of the President“

Advocate General of State 

1st law officer of the state.

Appointed by the Governor.

A person qualified to be appointed as judge of HC can only be appointed as advocate general.

Duties & Functions 

Has right to participate in proceedings of the house or houses of state legislature without right to vote .

Right to audience in any state court.

Gives advice to state government upon legal matters.

Enjoys all legislative privileges available to members of legislature.

State Legislature – Governor, Legislative Assembly, Legislative Council 

Legislative Council → Only for 6 states 

Article 171 of the Constitution of India provides for the establishment of a Vidhan Parishad. The Vidhan Parishad or Legislative Council is the upper house in those states of India that have a bicameral legislature. As of 2017, seven states have a Legislative Council.

Karnataka

Uttar Pradesh

Maharashtra

Bihar

Andhra Pradesh

Telangana

119. ……………………………….

Legislative Councils (Vidhan Parishad) 

Power of abolition or creation of Legislative council lies with parliament.

If legislative assembly of state passes a resolution by a majority of total membership & not less than 2/3rd of the members of the assembly present & voting, Parliament may or may not approve the resolution with simple majority.

A resolution passed by legislative assembly of state for creation or abolition of its council is not binding on parliament.

Composition of Legislative council 

1/3rd: Elected by electorates consisting of members of municipalities, District boards & other local authorities in state.

1/3rd: Elected by members of legislative assembly of state from amongst persons who are not member of assembly

1/6th: 

Nominated by governor (From fields of art, science, literature, social science & cooperative movements)

1/12th: Elected from graduates of 3 years, residing in that state.

1/12th: Elected by persons engaged in teaching for not less than 3 years in educational institutions within the state, not lower than secondary school.

Strength → Not more than 1/3rd of legislative assembly, but can not be less than 40 (Except J & K-36) .

Legislative council is a permanent body (term 6 years) & not subjected to dissolution.

After every 2 years, 1/3rd of its members retire, However, retiring members are subjected to re-election & re-nomination.

120. ……………………………

Legislative Assembly (Vidhan Sabha) 

Flexible membership from 60-500 members; however in Sikkim, Mizoram & Goa, they are limited to a minimum of 40 members only.

Chosen directly by the people on the basis of adult franchise.

Seats are reserved for SCS & STs on the basis of their population.

1 member can be nominated by Governor from Anglo Indian community.

Duration 5 years but may be dissolved earlier by the governor.

42nd amendment increased assembly official term to 6 years but 44th amendment restored it to 5 years.

During proclamation of national emergency, life of assembly may be extended by an act of parliament for a period of not more than 1 year at a time, but in no case beyond a period of 6 months, after proclamation of national emergency has ceased to operate.

Membership Qualification 

Must be citizen of India

Must be of 25 years of age for Legislative Assembly & 30 years for Legislative Council.

Must not hold any office of profit.

Must not be of unsound mind.

If a situation arises for disqualification of a member, Decision of Governor shall be final (Governor must obtain opinion of election commission of India prior to action).

“All powers, provisions, sessions etc. is same as in case of Lok Sabha & Rajya Sabha at center”

121. ……………………….

Legislative Procedure in State Legislature 

Unicameral type of government 

All bills originate in single chamber i.e. legislative assembly.

When passed are presented to governor for his assent.

Bicameral type of government 

If legislative assembly rejects a bill, originated in Legislative council, then it is the end of the bill .

Procedure of money bill is same as in parliament.

In case of Financial or ordinary bill, if it is passed by legislative assembly, It is sent to legislative council, where if it.

Reject the bill.

Suggest amendment to the bill not acceptable to legislative assembly.

Does not act upon the bill for 3 months.

Then it is referred back to legislative assembly, If legislative assembly passes the bill for the 2nd time, it is retransmitted legislative council, where

At the expiry of 1 month period

Bill rejected outright

Bill passed with amendments not acceptable to legislative assembly.

Then, bill is deemed to have been passed by both the houses & sent to governor for his assent.

There is no provision of joint sitting of state legislature to remove a deadlock, as upper house does not enjoy equal powers with lower house & can not amend a bill on its own.

“Privileges, Immunities, Committees etc. are same as Parliament”

122. …………….

Supreme Court of India

Independent Judiciary Sine Qua – Non of Democracy (Absolutely needed)”

Exist to see that laws made by legislature are intra vires (with the constitution).

At the apex lie SC → Custodian & interpreter of constitution.

Originally 1 CJ & 7 judges, but At present 1 CJ & 33 Judges.

Eligibility Criteria of Supreme Court Judges 

Citizen of India

Judge of HC for atleast 5 years in succession / advocate of HC for atleast 10 years in succession.

A distinguish jurist in opinion of President (a highly qualified academia / law professor)

Tenure of Supreme Court Judges 

65 years for Supreme Court Judge

3 years more than that of High court Judge

Removal of Supreme Court Judges

1123. …………………..

By order of President, after an address in each house of parliament, supported by a majority of total membership of the house & passed by a resolution supported by not less than 2/3rd of the members present & voting.

Lok Sabha:A motion can be preferred before the house if signed by 100 member

Rajya Sabha: A motion can be preferred before the house if signed by 50 members .

Only on grounds of proven misbehavior or incapacity.

Only after giving 14 days prior notice to said Judge against whom the motion is passed.

A 3 persons judicial committee is formed headed by serving judge of SC + 2 others from (SC or HC or eminent jurists).

Report of same must be passed by both the houses & President.

Acting CJ & Ad Hoc Judges 

Appointment of Acting CJ → By President if CJ is ill or incapable to serve.

Appointment of Ad-hoc Judges 

IF there is lack of quorum of Judges of SC to hold or continue any session in court, CJ of India with previous consent of President & after consultation with CJ of HC concerned, request in writing the attendance of judges to sit in SC as ad-hoc judges for certain period (Judges shall be qualified to be judges of SC).

Retired judges of SC can sit in SC as adhoc Judges on request of CJ after consent of President, provided they fulfill the criteria of SC

Note: 

Criminal proceedings initiation against a judge of SC or HC requires CJs consent.

124. ……………………………….

After retirement, a Judge of SC is prohibited from practising or acting as a judge in any court.

Jurisdiction & Powers of Supreme Court 

Original Jurisdiction 

“Original jurisdiction of SC is power to hear a case for the 1st time unlike Appellate jurisdiction”

Purely federal in character i.e. have exclusive authority to decide any dispute involving a question of law between:

GOI (Union) v/s state or states

GOI & any state/states on one side & state / states on the other

Two or more states.

However, according to 7th amendment, 1956, original jurisdiction of SC does not extends to disputes, arising out of provisions of a treaty, agreement etc. which was executed before 26th Jan 1950 & is in operation ever since

As per article 71, all disputes regarding election of President & vice President are handled by SC.

Exclusion to original jurisdiction of states

In disputes b/w center & state due to disputes arising out of provisions of a treaty, agreement etc. which was executed before 26th Jan 1950 & is in operation ever since.

Parliament may by law exclude SC’s jurisdiction in disputes w.r.t use, distribution & control of water in any interstate river.

Writ Jurisdiction 

A type of original jurisdiction of Supreme court

125. …………………….

Jurisdiction of SC to enforce FRS → Every individual has a right to move to SC directly by appropriate proceedings for the enforcement of his FR, without coming via HC, by means of writs.

Appellate Jurisdiction 

Constitutional Matters 

Appeal lies to SC if HC certifies that the case involves a substantial question of law as to interpret the constitution.

If HC refuses to give certificate, SC may grant a special leave for appeal if it is satisfied that case does involve such question.

Civil Matters 

An appeal lies to SC from any any judgement in civil proceeding of HC if it certifies :

that the case involves a substantial question of law of general importance.

that in opinion of HC, the said question needs to be decided by SC.

Thus, No appeal in case of civil matters lies to SC as a matter of right as it lies only when HC issues a certificate on above 2 conditions.

Criminal Matters 

Constitution provides the following provisions as to appeal in criminal matters:

If HC has sentenced someone to death.

If HC has withdrawn for trial before itself a case from the lower court & in such trial, lower court has sentenced the accused to death.

If HC certifies that the case is fit for appeal to SC, even if HC on appeal has reversed an order of acquittal of accused & sentenced him to death or life imprisonment or for period not less than 10 years.

Note ←  Appellate Jurisdiction is not Applicable in cases of Court Martial. 

Advisory Jurisdiction (Only consultative Role) 

126. ……………………….

President can refer to court either on a question of law or on a question of fact provided it is of public importance. However, it is not compulsory for court to give its advice.

Further, President is empowered to refer to SC for its opinion regarding disputes, arising out of provisions of a treaty, agreement etc. which was executed before 26th Jan 1950 & is in operation ever since. In such case, it is obligatory for the court to give its opinion to President.

“In both of above cases, opinion expresses by SC is only advisory in nature & not binding on President.” 

Revisory Jurisdiction

Empowered to review any judgment or order made by it with a view to remove any mistake or error that might have crept in judgment.

Even though, judgment have been passed by SC has a binding effect on all the courts of India, but not on SC itself.

Supreme Court as Court of Record 

Records & judicial proceedings are of evidentiary value before any court.

Has power to determine its own jurisdiction.

Contempt of court 

“Supreme Court has power to punish its own contempt”

Civil → Willful disobedience to any judge or other processes of the court.

Criminal → Publication of any matter or doing any act whatsoever which scandalizes or tend to scandalize authority of the court or tend to interfere course of any judicial proceedings.

127. ………………………………

Curative Petition 

A review petition may be filed in SC after delivery of its judgment; Court may review the case under its inherent power but on very restricted grounds.

The petition 1st has to circulated to a bench of 3 senior most judges & judges who passed the judgment complained of.

Others Powers of SC 

Make rules regarding procedure & practice of court.

Can recommend removal of members of UPSC to the President

Power to review the laws passed by the legislature & orders issued by executives & to declare them ultra vires if they contravene any of the provisions of the constitution.

It must be noted that SC can not pronounce upon the constitutionality of any law or executive’s action on its own. It can only pronounce judgment, when said law or executive action is actually challenged by someone.

The ultimate authority to interpret the constitution also rest with SC, which has been described as mouth piece of Indian constitution.

Writs in Indian Constitution 

The Indian Constitution empowers the Supreme Court and High Courts to issue writs for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution.

The writ issued by Supreme Court and High Court differs mainly in three aspects: 

The Supreme Court can issue writs only for the enforcement of fundamental rights whereas a High Court can issue writs for enforcement of fundamental rights along with “for any other purpose” (refers to the enforcement of any legal right).

SC can issue writ against a person or government throughout the territory whereas High Court can issue writs against a person residing or against a government located within its territorial jurisdiction or outside its jurisdiction only if the cause of action arises within the territorial jurisdiction.

128. …………………………..

SC writs are under Article 32 which in itself is a fundamental right thus SC cannot refuse to exercise its writ jurisdiction. Whereas article 226 is discretionary thus HC can refuse to exercise its writ jurisdiction.

Habeus Corpus 

Habeas corpus is a Latin term which literally means “You may have the body.”

This writ can be issued against any person, Private or official.

An order calling upon the person who has unlawfully detained another person to produce the later before the court to ascertain, whether the detention is legal or not.

It is not essential to produce the detained person physically but what is important for the court is to obtain the knowledge or reason for detention.

If the detention is found to be unlawful, court can set free the detained person.

Mandamus 

The Latin word ‘mandamus’ means ‘we command’.

The writ of ‘mandamus’ is an order of the High Court or the Supreme Court commanding a person or a body to do its duty.

Mandamus writ is used to command authority against both judicial & administrative, but entrusted only with public duty.

A writ of mandamus can be granted A writ of mandamus can be granted only in cases where a statuary duty imposed on an officer concerned results in failure on the part of officer or public authority to discharge the statuary obligation.

It is basically an order of superior court commanding a public officer or authority to do or not do something concerned with public duty.

Aggrieved party have legal right to enforce its performance by issuing a writ of mandamus.

Private rights or duty can not be enforced by it i.e. duty assigned by the law not by private individual or private organization.

129. ……………………………….

Prohibition 

The Writ of prohibition means to forbid or to stop and it is popularly known as ‘Stay Order’.

Writ of Prohibition is used against judicial & Quasi-Judicial authorities to command inactivity to certain judgment.

Sole purpose of this writ is to prevent inferior courts from usurping a jurisdiction with which they are not legally vested >> Can be issued in excess or absence of jurisdiction.

Issued by superior court to inferior court or tribunal to prevent it from exceeding its jurisdiction & compel it to be within its limits of jurisdiction.

Certiorari 

Literally, Certiorari means to be certified.

It is issued by the higher court to the lower court either to transfer the case pending with the latter to itself or to squash the order already passed by an inferior court, tribunal or quasi judicial authority.

Difference between Writ of Prohibition & Certiorari 

A writ of prohibition is used to prevent an inferior court or tribunal to proceed the trial in excess of its jurisdiction whereas a writ certiorari is issued to quash the order of an inferior court or tribunal in excess of jurisdiction.

A writ of prohibition is used before the order is passed by the court whereas a writ of certiorari is used to nullify an order already passed by the court.

Prohibition can be issued only against judicial and quasi-judicial authorities whereas Certiorari can be issued even against administrative authorities affecting rights of individuals.

Quo Warranto

130. ………………

The word Quo-Warranto literally means “by what warrants?” or “what is your authority”?

It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled.

The writ requires the concerned person to explain to the Court by what authority he holds the office.

If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant.

Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.

Judicial Activism & Doctrines associated with Supreme Court 

Judicial Activism 

Judiciary plays an assertive role to force the other organs of the state to discharge their constitutional duties towards public. Judicial activism basically has been forced upon the judiciary by insensitive & unresponsive administration that disregards the interest of the people, to ensure that administration of country does not suffer because of the negligence on the part of executive & the legislature.

Concept of Judicial activism emerged when SC started playing assertive role by giving some landmark judgments & issued some stern directives to legislature & executives concerned.

Phenomenon of judicial activism is welcome step only in short run & if it is  carried out for long, it may destroy the very essence of separation of powers, with the judiciary assuming greater powers compared to legislature & executive in the absence of proper checks & balance mechanism.

Judicial Review 

Both Supreme Court & High Court enjoys the power of judicial review in India.

131. …………………….

Based on the concept of supremacy of the constitution.

For any law or executive order to be valid, it must confirm to the provisions of the constitution.

Procedure established by law (India) v/s Due process of Law (US) 

Procedure established by law 

The court examines a law only from the point of view of legislature’s competence.

Court sees that the prescribed procedure has been followed by the executive.

Court examines only procedural aspect not the motive behind the law or reason behind it, hence can not pronounce it unconstitutional unless the law is passed without the authorities competence.

Due process of Law 

Court can examine the law, not only from the point of view of legislature’s competence, but also from the aspect of motive behind the law.

Though constitution of India follows procedure established by the law, but in case of Maneka gandhi case, SC interpreted article 21 to include the expression of due process of law in it.

Hence, article 21 protects an individual both against the legislature & executives action. However, it does not mean that due process of law has come in form under judicial review of Indi

Prominent Doctrines associated with Supreme Court

Doctrine of Severability 

While interpreting an impugned law, court has to see whether the law as a whole or some part of it is unconstitutional.

Court can declare impugned law as a whole or some part of it unconstitutional as the case may be .

132. ………………………..

Doctrine of Progressive Interpretation 

Court interpret the provisions of the constitution in the light of social, economic & legal conditions prevailing at that point of time.

Doctrine of Prospective Overruling 

Judicial invalidation or new view of interpretation of law will not affect the past transactions or vested rights, but will be effective with regards to future transactions only.

Doctrine of Empirical Adjudication 

While exercising the power of judicial review, courts are not supposed to deal with hypothetical cases; therefore it is essential that the matter bought before the court must be of concrete nature.

Court seeks to confine its decisions, as far as possible; within the narrow limits of controversy b/w the parties concerned in particular case.

Presumption in favor of Constitutionality 

Whenever the constitutional validity of a law is challenged, court will not hold it ultra vires until the invalidity is clear from all doubts which means there is always presumption by the court, in favour of law’s validity

However, despite the extensive power of judicial review enjoyed by SC & HC, scope of judicial review in India is limited, as while interpreting a law, SC will not self-legislate

SC is not supposed to question the reasonableness of any law except where the constitution has expressly authorised the court to exercise its power.

133. ………………………………….

High Courts – India 

Indian High court act, 1861

High courts established at Calcutta, Bombay & Madras. Constitution states that there shall be HC in every state, but, parliament has the power to establish a common HC for 2 or more states (At present 24 HC for 29 states & 7 UTs).

Strength of HC is flexible (Unlike SC – which can be increased by parliament).

President may from time to time appoint judges of HC, keeping in view amount of work before HC.

Appointment of High Court Judges 

 

Initiation of proposal for appointment of judges of HC must invariably be made by CJ of that HC.

Appointment of Acting CJ, Additional Judges & Ad Hoc Judges – High Court. 

Appointment of acting CJ: By President if CJ is ill or incapable to serve.

Appointment of additional judges: Duly qualified persons as additional judges, for a period of not extending 2 years (when President thinks that there is temporary increase in business of HC).

Ad hoc judges:  CJ of HC with prior permission to President may request retired HC judges to sit & act as a judge of HC for a temporary period.

Tenure of High Court Judges 

62 Years

134.………………

Any dispute regarding the age of judge of HC is decided by President in consultation with CJ of India .

Removal of High Court Judges 

HC judge can resign by writing to President; or

By same removal process as in case of SC judges.

Salary of High Court Judges 

From consolidated fund of State

Oath → before Governor (Unlike before President as in case of Supreme Court).

Qualification for High Court Judges 

Must be citizen of India.

Must have held a judicial office in territory of India for atleast 10 years or

Must have been an advocate of HC in succession for 10 years.

After retirement a judge of HC can not plead in a court or before any authority in India except in SC or HC other than in which he held office.

Jurisdiction of High Court 

Original Jurisdiction 

In civil cases with amount > 2000.

In criminal cases, authorised to them by President Magistrates.

135. …………………………

Appellate Jurisdiction 

All HCs entertain appeals in civil & criminal cases from their subordinate courts.

They have, however, no jurisdiction over tribunals established by the law relating to armed forces of the country .

Writ Jurisdiction 

Jurisdiction to issue writs under HC is larger than the SC.

SC can issue them only where a FR has been infringed whereas a HC can issue them, not only in such cases but also where an ordinary legal right has been infringed.

Administrative & supervisory Functions of HC 

HC supervise & controls the working of courts subordinate to them.

Frame rules & regulations for transactions of their business.

For ex. Transfers, Postings, Promotions etc.

Not applicable in case of tribunals dealing with armed forces .

“HC acts as court of records & has power to punish its own contempt.”

Public interest litigation (PIL) – Appellate Jurisdiction 

Right to entertain PIL cases lies with Supreme Court and High Court only.

A tool of judiciary to enforce legal & constitutional obligations towards executives & legislatures in interest of public at large.

Basic aim of PIL is to render justice & help in promotion of well-being of public interest (not of individual’s interest → In individual’s case, writ petition for FR).

Usually, relief provided by court is in form of directions or order of state including compensation to affected parties.

136. ……………………………..

A PIL may also be introduced in a court of law by the court itself (suo motu), rather than the aggrieved party or another third party. It is a result of judicial activism, not mentioned in constitution or any law enacted by Parliament.

State Judiciary 

High Court

System of subordinate courts, with HC at apex.

Subordinate Courts → District Courts 

Criminal cases → Session Judges

Civil cases → District Judges

Appointed by Governor in consultation with CJ of HC.

Lok Adalat (People’s court)

Legal services authority act, 1987 gave Statuary status to Lok Adalats.

Alternative dispute resolution system developed in India – Works under NALSA.

To provide speedy & economic justice to weaker sections of the society.

Focus in Lok adalat is on compromise, When no comprise is reached, matter goes back to the court .

No advocate, No witnesses examined, No court fee is levied.

Resolves cases which have not yet gone to courts or are pending in courts.

Established at Central, state & district level→ have their own funds.

Revenue courts 

Land Revenue → Important source of income for government.

137. ………………….

Since India is an agrarian country, therefore disputes relating to land revenue are quite common.

Each district has separate courts for its land revenue system.

Every dispute relating to land revenue 1st comes before Tehsildar.

An appeal against decision of Tehsildar court lies in court of Deputy commissioner /Collector (DM.)

An appeal against the decision of DM can be made in court of commissioner / Magistrate.

Further appeal can be made in Board of revenue, which forms highest court of land in revenue matters.

Full faith & Credit

Final judgment or orders delivered by civil courts in any part of the territory of  India shall be capable of execution anywhere in India.

Clause only applicable to civil courts not on criminal courts.

Polity 1_D: Federalism & Local governance 

Syllabus:

Functions & responsibilities of the Union and the States; issues and challenges of federal structure;

Devolution of powers and finances to local levels; challenges therein.

Appointment to various Constitutional posts; Constitutional Bodies (powers, functions and responsibilities); Statutory, Regulatory and Quasi-judicial bodies.

Union territories – India 

India is a federal union comprising 28 states and 8 union territories, for a total of 36 entities. The states and union territories are further subdivided into districts and smaller administrative divisions.

Union territories do not take part in federal structure of the country + No uniform system of administration as parliament has the power to prescribe the structure of administration.

138. ……………………………

The Government of Jammu and Kashmir is the governing authority of Jammu and Kashmir and its two divisions and 20 districts. Jammu and Kashmir is a union territory under the terms of Article 239A (which was initially applied to Puducherry is now also applicable to the union territory as per The Jammu and Kashmir Reorganisation Act, 2019) of the Constitution of India. Jammu and Kashmir has executive, legislative and judicial branches of government. Srinagar and Jammu are the summer and winter capitals of Jammu and Kashmir.

The Administration of Union Territory of Ladakh is the governing authority of the Indian union territory of Ladakh and its two districts. The Administration is led by a Lieutenant Governor appointed by the President of India who acts on behalf of the central Government of India. Ladakh does not have an elected legislative assembly. The two districts of Ladakh both elect their own autonomous district council-the Leh Autonomous Hill development council and the Kargil Autonomous Hill development Council, which have competence over a range of domestic affairs.

Under direct control of Union based on 

Cultural Distinctiveness: Pondicherry, Daman & Diu, Dadar & Nagar Haveli

Strategic Importance:  A & N islands, Lakshadweep

Political & administrative consideration: Delhi & Chandigarh

President may appoint Governor of a state as administrator of adjoining UT, who shall exercise his functions independent of his COMS.

Lieutenant Governor:  Delhi, Pondicherry & A & N islands.

Administrator (IAS Officers):  Chandigarh, Dadar & Nagar Haveli, Daman & Diu & Lakshdweep

139. ………………………

Points of Prominence 

UT of Pondicherry & Delhi →  Legislative assembly with Council of Ministers & Chief Minister.

Size of COMS is to be 10 % max. of legislative assembly.

Parliament can make laws on any subject given in 3 lists (Power also extends to Delhi & Pondicherry even though they have their own legislature).

Pondicherry & Delhi can also make laws on any subject of state list & concurrent list except laws related to Public order, Police & land.

President may frame regulations for peace, progress & good governance for all UTs except Delhi & Pondicherry.

Parliament is empowered to constitute a high court for any of the UT or even can declare an existing court there as high court.

(List)

Advisory Committee 

Link b/w Parliament & UT, consulted by Government in regards to:

General questions of policy relating to administration of subjects in state list.

140. …………………………………

All legislative proposals in state list pertaining to the territories.

Matters relating to annual financial statement of territories.

69th Amendment 1991 

UT of Delhi shall be called National capital territory & shall have a legislative assembly with members, chosen directly by people from territorial constituencies.

Assembly shall make laws on matter enumerated in state list (Except matters of Public order, Police & land).

If any provision of law, made by legislative assembly wrt any matter which is repugnant to any provision of law made by parliament wrt that matter, then law made by parliament shall prevail & law made by LA shall to the extent of repugnancy, be void .

If law made by LA is preserved for consideration of President & has received his assent, then such law shall prevail in NCT, however, parliament can make laws adding to, varying or repealing laws made by LA.

There shall be COMS, not more than 1/10th of total members of LA, with CM at its apex to aid & advice Lt. governor in exercise of his functions.

In case of difference b/w opinions of COMS & Lt. governor, Lt. governor shall refer it to the President for his decision & shall act according to directions given by President.

Scheduled & Tribal Areas (Article 244) 

Article 244 (1) → Provisions of 5th schedule shall apply to administration & control of schedule areas in every state other than Meghalaya, Tripura, Assam & Mizoram.

Article 244 (2) → Provisions of 6th schedule shall apply to administration & control of tribal areas of Meghalaya, Tripura, Assam, & Mizoram.

5th Schedule → Administration of Scheduled Areas 

141. …………………………………..

Governor of each state having scheduled areas have to submit a report to the President annually or whenever so required by the President.

Executive powers of union extends to giving directions to the state regarding administration of these areas.

A tribal advisory council consisting of not more than 20 members should be established in each state having scheduled areas therein, for their advancement & welfare.

Governor is empowered to direct that any particular act of parliament or state government does not apply to scheduled areas or if applied, then with specific modifications & exceptions.

Constitution provides for appointment of a commission to report on administration of scheduled areas & welfare of scheduled tribes in the state. President can appoint such commission at anytime but compulsorily after 10 years from commencement of constitution.

142. …………………………..

(Map)

6th Schedule → Administration of Tribal areas 

Tribal areas in state of Assam, Meghalaya, Tripura & Mizoram have been constituted as autonomous districts (i.e. falls under the executive authority of state concerned).

President at any time by order direct that whole or any specified part of schedule area ceases to be a scheduled area or may increase the scheduled area in state after the consultation with the governor of the state.

143. ………………………..

If there are different tribes in an autonomous districts, governor can divide the district into several autonomous regions.

Each autonomous district has a district council of 30 members + each autonomous region also has a separate regional council.

District & Regional councils are empowered to assess & collect land revenue & impose certain specified taxes.

Governor can appoint a commission to examine & report of any matter relating to administration of autonomous district of regions.

He may also dissolve a district or regional council on the recommendation of appointed commission.

Autonomous Councils Under Sixth Schedule

(Photo) 

Famous Tribes of India 

Jarawa, Onge, Sentinelese:  Andman

Shorn Pens, Holchu: Nicobar

Palaeo Mongoloids: Assam, Meghalaya, Mizoram, Nagaland, Manipur.

Tibeto-Mongoloids: Sikkim and Arunachal Pradesh

Mundas, Santhals, Oraons: Chhotanagpur Plateau

Gonds, Kondhs: Central Vindhyachal + Deccan

Plateau.

Gaddi, Kinner, Phangwal, Lahuli: Himachal Pradesh

Anal, Chiru and Konkanas + 

Kollam: Maharashtra

Mala and Savara tribes: West Bengal

Bhuiya tribe : Madhya Pradesh

Banjaras, Moghias and Sathiyas: Rajasthan

Bhil + Maldhari (Gir lions): Gujrat

Oraon, Munda, Chero, Parchaiya, Santhal, Asuras:  Bihar

145.…………

Bhuiya, Baiga, Dharua, Gaaro, 

Ho, Koli, Lodha: Orissa.

Bakarwal: J & K

Oorali, Sholagar, Irular and 

Badaga: TN

Hakki-Pikki, Korgas, Kurubas, Soliga: Karnataka

Kadars, Irulars, Paniyans, Korgas, ooralis: Kerala

Center State Relation 

Articles 245 to 263 of Part XI and Articles 268 to 293 of Part XII describe three types of Center-State relations i.e. Legislative, Administrative, and Financial.

(Image)

Legislative Relations

Articles 245 to 255 describe Legislative relations.

Article 245 (1) states that Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.

146. …………………………………….

Article 245 (2) states that no law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.

Article 246 states that the Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I (i.e. Union List) and List III (i.e. Concurrent List) of the Seventh Schedule.

Article 248 states that the Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.

Further, Article 250 states that notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.

Administrative Relations 

Articles 255 to 263 describe Legislative relations.

Article 256 states that the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

Article 257 (1) states that the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

Article 258 (2) states that a law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorize the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof.

Article 261 (3) states that final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.

Article 262 (1) states that Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.

Article 262 (2) states that not withstanding anything in this Constitution, Parliament may be law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).

147. ………………………………………

Financial Relations 

Articles 268 to 293 describe Financial relations.

Article 268 describes the Duties levied by the Union but collected and appropriated by the States.

Article 269 describes the Taxes levied and collected by the Union but assigned to the States.

Article 270 describes the Taxes levied and distributed between the Union and the States.

All about GST

The Goods and Services Tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption. The GST is paid by consumers, but it is remitted to the government by the businesses selling the goods and services.

Main Features of GST:

Applicable On supply side: GST is applicable on ‘supply’ of goods or services as against the old concept on the manufacture of goods or on sale of goods or on provision of services.

Destination based Taxation: GST is based on the principle of destination-based consumption taxation as against the present principle of origin-based taxation. Dual GST: It is a dual GST with the Centre and the States simultaneously levying tax on a common base. GST to be levied by the Centre is called Central GST (CGST) and that to be levied by the States is called State GST (SGST).

Import of goods or services would be treated as inter-state supplies and

would be subject to Integrated Goods & Services Tax (IGST) in addition to the applicable customs duties.

GST rates to be mutually decided: CGST, SGST & IGST are levied at rates to be mutually agreed upon by the Centre and the States. The rates are notified on the recommendation of the GST Council.

Multiple Rates: Initially GST was levied at four rates viz. 5%, 12%, 16% and 28%. The schedule or list of items that would fall under these multiple slabs are worked out by the GST council.

148. ………………………… 

Legislative Basis Of GST 

In India, GST Bill was first introduced in 2014 as The Constitution (122nd Amendment) Bill.

This got an approval in 2016 and was renumbered in the statute by Rajya Sabha as The Constitution (101st Amendment) Act, 2016. Its provisions:

Central GST to cover Excise duty, Service tax etc, State GST to cover VAT, luxury tax etc.

Integrated GST to cover inter-state trade. IGST per se is not a tax but a system to coordinate state and union taxes.

Article 246A – States have power to tax goods and services.

GST Council 

Article 279A – GST Council to be formed by the President to administer & govern GST. It’s Chairman is Union Finance Minister of India with ministers nominated by the state governments as its members.

The council is devised in such a way that the centre will have 1/3rd voting power and the states have 2/3rd

The decisions are taken by 3/4th majority.

Reforms Brought About by GST 

Creation of common national market: By amalgamating a large number of Central and State taxes into a single tax.

Mitigation of cascading effect: GST mitigated ill effects of cascading or double taxation in a major way and paved the way for a common national market.

Reduction in Tax burden: From the consumers’ point of view, the biggest advantage would be in terms of reduction in the overall tax burden on goods.

Making Indian products more competitive: Introduction of GST is making Indian products more competitive in the domestic and international markets owing to the full neutralization of input taxes across the value chain of production.

Easier to administer: Because of the transparent and self-policing character of GST, it would be easier to administer.

Advantages of GST 

For the Government 

Create a unified common market: Will help to create a unified common national market for India. It will also give a boost to foreign investment and “Make in India” campaign.

149. ……………………………. 

Streamline Taxation: Through harmonization of laws, procedures and rates of tax between Centre and States and across States.

Increase tax Compliance: Improved environment for compliance as all returns are to be filed online, input credits to be verified online, encouraging more paper trail of transactions at each level of supply chain;

Discourage Tax evasion: Uniform SGST and IGST rates will reduce the incentive for evasion by eliminating rate arbitrage between neighbouring States and that between intra and inter-state sales.

For Overall Economy 

• Bring about certainty: Common procedures for registration of taxpayers, refund of taxes, uniform formats of tax return, common tax base, common system of classification of goods and services will lend greater certainty to taxation system;
• Reduce corruption: Greater use of IT will reduce human interface between the taxpayer and the tax administration, which will go a long way in reducing corruption;
• Boost secondary sector: It will boost export and manufacturing activity, generate more employment and thus increase GDP with gainful employment leading to substantive economic growth;
• Ultimately it will help in poverty eradication by generating more employment and more financial resources.

For the Trade and Industry 

• Simpler tax regime with fewer exemptions.
• Increased ease of doing business.
• Reduction in multiplicity of taxes.
• Elimination of double taxation on certain sectors.
• More efficient neutralization of taxes especially for exports.
• Making our products more competitive in the international market.
• Simplified and automated procedures for registration, returns, refunds and tax payments.
• Decrease in average tax burden on supply of goods or services.

For Consumers 

Transparent prices: Final price of goods is expected to be transparent due to seamless flow of input tax credit between the manufacturer, retailer and service supplier.

150. ……………………………………..

Price reduction: Reduction in prices of commodities and goods in long run due to reduction in cascading impact of taxation;

Poverty eradication: By generating more employment and more financial resources..

For the States 

Expansion of the tax base: As states will be able to tax the entire supply chain from manufacturing to retail.

More economical empowerment: Power to tax services, which was hitherto with the Central Government only, will boost revenue and give States access to the fastest growing sector of the economy.

Enhancing Investments: GST being destination based consumption tax will favour consuming States. Improve the overall investment climate in the country which will naturally benefit the development in the States.

Increase Compliance: Largely uniform SGST and IGST rates will reduce the incentive for evasion by eliminating rate arbitrage between neighbouring States and that between intra and inter-state sales

Exemptions under GST 

Custom duty will be still collected along with the levy of IGST on imported goods.

Petroleum and tobacco products are currently exempted.

Excise duty on liquor, stamp duty and electricity taxes are also exempted.

Challenges Of GST 

SCGT and CGST input credit cannot be cross utilized.

Manufacturing states lose revenue on a bigger scale.

High rate to tax to compensate the revenue collected now from multiple taxes i.e

High Revenue Neutral Rate. Molly of the

The reduction in the fiscal autonomy of the States.

Concerns raised by banks and insurance companies over the need for multiple registrations under GST.

The levy of additional cess.

The capacity of State tax authorities, so far used to taxing goods and not services, to deal with the latter is an unknown quantity.

The success of GST depends on political consensus, technology and the capacity of tax officials to adapt to the new requirements.

Thus GST is a positive step towards shifting Indian economy from the informal to formal economy. It is important to utilise experiences from global economies that have implemented GST before us,to overcome the impending challenges.

151. …………………………… 

Evolution of Local Government 

In 1882, Lord Rippon, the-then Viceroy of India, took the initiative to form elected local government body.

Following the Government of India Act 1919, village Panchayats were established in many provinces and the trend continued after the Government of India Act of 1935..

When the Constitution was prepared, the subject of local government was assigned to the States and it was one of the provisions of the Directive Principles of State Policy.

After the independence, a three-tier Panchayati Raj system of local government was recommended for the rural areas; resultantly, some of the states including Gujarat and Maharashtra adopted the system of elected local bodies (1960).

After 1987, a thorough review of the functioning of the local government institution was initiated and in 1989, the P. K. Thungon Committee recommended constitutional recognition to the local government bodies.

Finally, in 1992, the 73rd and 74th Constitutional Amendments were passed by the Parliament.

The 73rd Amendment is about the rural local governments, which are also known as Panchayati Raj Institutions (PRIs).

The 74th Amendment made the provisions relating to the urban local government (also known as Nagarpalikas).

Panchayati Ra

152. ……………………. 

Following the 73rd Amendment, all states now have a uniform three tier Panchayati Raj structure as –

Gram Panchayat – At the bottom level;

Mandal (also known as Block or Taluka) – Intermediary level; and

Zilla Panchayat – At the top level.

A Gram Panchayat covers a village or group of villages.

The intermediary level is the Mandal covers Block (i.e. a group of gram panchayat).

The Zilla Panchayat covers the entire rural area of the District.

153. …………………….. 

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All the three levels of Panchayati Raj Institutions are elected directly by the people for five years term.

One-third of the positions in all panchayat institutions are reserved for the women.

Twenty-nine subjects (of 11th Schedule of the Constitution), which were earlier in the State list, are transferred to the Panchayati Raj Institutions.

The 73rd Amendment was not made applicable to the areas inhabited by the Adivasi populations in many states of India; however, a separate provision was passed in 1996 for these areas.

The State government is required to appoint a State Election Commissioner (independent of Election Commission of India) who would be responsible for conducting elections in the Panchayati Raj Institutions.

154. ……………………….

The state government is required to appoint a State Finance Commission once in five years.

Nagarpalika 

The 74th Amendment dealt with urban local bodies (Nagarpalikas or Municipality).

The Census of India defines an urban area as

A minimum population of 5,000;

At least 75% of male working population engaged in non-agricultural occupations, and

A density of population is at least 400 persons per sq. km.

As per the 2011 census (provisional data), about 31 percent of India’s population lives in urban areas.

Many provisions of 74th Amendment are similar to 73rd Amendment.

The functions of Nagarpalika have been listed in the Twelfth Schedule of the Constitution.

The Indian population has 16.2 percent Scheduled Castes (SC) and 8.2 per cent Scheduled Tribes (ST) and accordingly, the seats for both SC and ST are reserved in local government.

Civil Services in India 

The Civil Services of India runs the entire administration of the country. The elected ministers of India lay down the policies required to properly run the administrative machinery, which is then carried out by the civil servants in various central government agencies.

Central services by central government → UPSC

State services by state Government → State PSC

155. ……………….

Common services to Union & States → All India Services.

All India Services 

Serve centre as well as states; recruited by ministry of personnel in consultation with UPSC

Are under direct control of ministry for ex. IAS, IPS, IFS

If Rajya sabha passes a resolution supported by not less than 2/3rd of members present & voting, then Parliament may by law provide for creation of one or more all India services (Including All India Judicial services → 42nd amendment).

All 3 Services 

Member of AISS or Central services hold office during the pleasure of President & in case of state services, of governor.

President/Governor may provide for compensation if →

Post is abolished before expiration of contractual period.

He is required to vacate the post for reasons not connected with misconduct on his part.

Safeguard of Civil Servants 

No person holding a civil post under Union or states shall be dismissed or removed by an authority subordinate to appointing authority

No such person is reduced, dismissed or removed in rank except after an enquiry in which he has been informed of the charges against him & given a reasonable opportunity of being heard wrt those charges.

Union Public service commission 

Chairman (appointed by President)

Members (Decided by President →→ Not Fixed)

1/2 of the members of commission should be such persons, who have held the office for atleast 10 years, either under GOI or state government.

156. ……………………….. 

Duration → 6 years / 65 years

Removal →→ By President on following terms

Guilty of misbehaviour or holds office of profit

Adjudged insolvent

Engages in paid employment outside duties of his office

State or Joint Public service commission 

State PSC → Chairman + Members → appointed by Governor

Joint PSC → Chairman + Members → appointed by President

Administrative Tribunals 

“Tribunals are meant to relieve the courts of overload & expedite the process of justice in interest of affected officials”

Administrative Tribunals (Article 323A) 

It authorises parliament to setup administrative tribunals for the purpose of setting disputes & complains involving civil services.

It also authorize parliament to establish an administrative tribunal for the union & a separate administrative tribunal for state or for two or more states.

Central Administrative Tribunal (CAT) → For Union services including AIS 

The CAT exercises jurisdiction over all service matters concerning the following:

a member of any All-India Service.

a person appointed to any civil service of the Union or any civil post under the union.

157. ……………………….. 

a civilian appointed to any defence services or a post connected with defence.

However, the members of the defence forces, officers, staff of the Supreme Court and the secretarial staff of the Parliament are not covered under the jurisdiction of CAT.

State Administrative Tribunal (SAT) → For states services including state PSC.

Following categories of employees are exempted from purview of Administrative tribunal: 

Employees of SC & HC

Armed force professionals

Rajya Sabha & Lok Sabha members

Points of Prominence 

SC may grant a writ of certiorari if a tribunal’s decision infringes an FR.

Chairman & members of CAT & SAT are appointed by President after consultation with CJ.

Chairman & Vice Chairman retire at the age of 65+ Other members retire at the age of 62.

Chairman → Must be a HC judge (Serving/Retired) or VC of tribunal for atleast 2 years .

Members of administrative tribunals can be Judges of HC & or from civil services.

Tribunal for other Services (323B)

For jurisdiction of disputes relating to following matters

Taxation

Foreign exchange (export & import)

Land reforms

Industrial & labour disputes.

158. ……………………… 

Ceiling on urban property.

Election to parliament or state legislature.

Rent & Tenancy Issues.

Production, procurement & distribution of food stuff.

Official Language India – 8th Schedule 

Languages spoken in India belong to several language families, the major ones being the Indo-Aryan languages spoken by 75% of Indians and the Dravidian languages spoken by 20% of Indians.

Official language of Union should be Hindi or Devnagri script.

However, for a period of 5 years from the commencement of constitution, English language would continue to be used for all the official purposes of union, for which it was being used before the commencement of constitution.

President should, at the expiration of 5 years & thereafter at the expiration of 10 years from such commencement, by order constitute a commission to make recommendations regarding progressive use of Hindi language, restrictions on use of English language & other related issues.

Parliament may by law provide for continued use of English language for specified purposes, even after 15 years from the commencement of constitution.

A committee of 30 members (20 LS & 10 LS) should be constituted to examine recommendations of commission & to report its views to President.

Regional Languages 

Legislature of state may adopt any one or more of languages in use in state or Hindi as official language of the state. Until that is done, English is to continue as official language of the state.

For the time being, English would remain the official language for communication b/w state & union or b/w various states. But 2 or more states are free to agree to use Hindi for communication b/w themselves.

159. ………………..

Language of Judiciary 

All the proceedings in SC & in every HC as well authoritative text of all bills, acts, ordinances etc. should be in English unless parliament provides otherwise.

Governor of the state, with previous consent of the President can authorize the use of Hindi or any other official language of the state in the proceeding of the HC of state, but not wrt the judgment, Decrees & order passed by it.

Emergency Provisions in India 

Article 352 → Proclamation of Emergency 

National Emergency 

External → War or external aggression

Internal→ By armed rebellions

President can issue a proclamation of emergency only when decision of cabinet is conveyed to him in writing.

Proclamation is subjected to judicial review & its constitutionality can be questioned in court of law on grounds of malafidism.

Has been issued only 3 times till now →→

(1962 & 1971 → External; 1975 → Internal).

Every proclamation made under article 352 (except a proclamation revoking previous proclamation) should be laid before each house of the parliament & must be approved by them within one month after proclamation is made, by majority of total membership of the house & by a majority of not less than 2/3rd of members of the house present & voting.

If parliament fails to approve such proclamation, then it ceases to be in operation on expiry of 1 month after proclamation is made.

160. ………………… 

If parliament approves such proclamation, then it will be in force for 6 months from the date on which it was approved by parliament, unless revoke earlier.

It can be approved by parliament any no. of times but not beyond 6 months at a time.

If LS stands dissolved before giving approval to proclamation, then RS needs to approve it within 1 month & thereafter should be ratified by LS within 1 month after reconstitution.

If LS disapproves a proclamation to its continuance, President shall revoke the emergency.

If not less than 1/10th of the members of LS issue a notice with intension of disapproving an emergency to the President, when LS is not in session or to Speaker, if it is in session, then a special sitting of LS shall be held within 14 days for the purpose of considering such a resolution.

FRs under article 19 will be suspended automatically only in case of external emergency.

Parliament is empowered to extend by law, life of LS beyond 5 years for a period of not extending 1 year at a time, but in any case not exceeding 6 months after the proclamation of emergency has ceased to be in operation (Same case with state legislative assemblies).

Article 356 → Failure of constitutional machinery in state (Presidential rule) 

Must be passed by each house of the parliament by simple majority or cease to operate at expiry of 2 months (Subjected to judicial Review).

Approved for 6 months from the date of approval & can be further extended for a period of 6 months.

However, it can be extended beyond 1 year period but in any case not beyond 3 years from the date of issue of proclamation, if:

A proclamation of national emergency is in operation in that state or in whole India.

161. …………………..

EC certifies that it is necessary on account of difficulties to hold general elections to state legislature.

Article 360 → Financial Emergency 

A proclamation of financial emergency will remain in force for 2 months, unless before expiry of that period, it is approved by both the houses of parliament by simple majority.

Once approved, it will be in force till it is revoked by the President (None Issued so far).

Anti Defection Law, 1985 (10th Schedule) 

Rajiv Gandhi government imposed a ban on defection through 52nd amendment act. The act aims to prohibit undemocratic, unethical & unprincipled political defection by members of legislature, by innovation of an instrument of disqualification.

A member of parliament or state legislature belonging to any political party, shall be disqualified for being a member of that house if:

He voluntarily give up the membership of such political party

An independent member joins a political party after being elected.

A nominated member joins a political party after 6 months.

A member does not act according to the whips issued by his political party.

Exceptions 

If 1/3rd members of a political party resign from their parent party & form a

splinter group .

If 2/3rd of members of a political party resign from their parent party & merge with another political party.

Exemption 

Speaker & Deputy Speaker of LS, Deputy Chairman of RS.

162. ……………………………. 

Speaker & Deputy Speaker of LC, Chairman & Deputy Chairman of LA.

On subjects of disqualification, decision of chairman / Speaker of the house shall be final. No court shall have jurisdiction under this act wrt members of the house.

1991 SC verdict on Anti Defection Law 

Decision of presiding officer of the house on question of disqualification shall be final of the legidature are open.

Decision of presiding officer of the legislature are open to judicial review

In 1992, court further held that the whip issued by political party is binding on its members, only in case of “Confidence motion, No confidence motion, Money bills & Vote of thanks to President or Governor’s address”.

91st constitutional Amendment act, 2003 

Act debars a defector from holding any public office for the duration of remaining term of the existing legislature or until fresh elections.

Size of COMs is to be 15 % max. of lower house at the centre as well as at states.

(However, smaller states such as Mizoram, Sikkim etc. would have the liberty of having a minimum of 12 ministers)

Seeks to debar a defector from holding any remunerative political post for the remaining tenure of the legislature or unless re-elected.

Omitted exemption of splinter group law from exemption to Anti defection law exemption to Anti defection law .

Parliamentary Committees 

The work done by the Parliament in modern times is considerable in volume and varied in nature. The time at its disposal is limited (3 sessions only) Hence, It cannot give close consideration to the details of all the legislative and other matters that come up before it. Hence Parliamentary Committees are necessary for detailed study on specific matters & serve following purpose:

Types of Parliamentary Committees 

Based on purpose and duration 

Adhoc Committee → appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report.

Committees on Bills (Select and Joint).

Railway Convention Committee.

Committees on the draft Five Year Plans.

Hindi Equivalents Committee.

Standing Committee (Advisory and Inquiry in Nature) → Standing Committees are permanent committees. Each House of Parliament has Standing Committees.

Business Advisory Committee.

Committee on Petitions.

Committee of Privileges.

Rules Committee.

Based on composition 

Select – Single House, ie either LS or RS.

Joint – Both Houses.

Committee on Estimates (Lok Sabha) 

Consists of 30 members who are elected by the Lok Sabha every year from among its member

164. ………………….. 

Ministers are not allowed to be part of this committee.

The main function is to report what improvements in organisation, efficiency, or administrative reform, consistent with the policy underlying the estimates may be affected.

Committee on Public Undertakings (PUC) 

Consists of 15 members elected by the Lok Sabha and 7 members of Rajya Sabha

A Minister is not eligible for election to this Committee.

The term of the Committee is one year.

The functions of the Committee on Public Undertakings are:

to examine the reports and accounts of Public Undertakings.

to examine the reports of the CAG on the Public Undertakings.

to examine in the context of the autonomy and efficiency of the Public Undertakings whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices.

such other functions vested in the Committee on Public Accounts and the Committee on Estimates in relation to the Public Undertakings as are not covered by clauses (a), (b) and (c) above and as may be allotted to the Committee by the Speaker from time to time.

Committee on Public Accounts (PAC) 

Consists of 15 members elected by the Lok Sabha and 7 members of the Rajya Sabha.

A Minister is not eligible for election to this Committee.

The term of the Committee is one year.

The main duty of the Committee is to ascertain whether the money granted by Parliament has been spent by Government “within the scope of the Demand”.

165. …………………….. 

The Appropriation Accounts of the Government of India and the Audit Reports presented by the Comptroller and Auditor General mainly form the basis for the examination of the Committee.

Business Advisory Committee (Lok Sabha) 

The Business Advisory Committee of Lok Sabha consists of 15 members including the Speaker who is the ex-officio Chairman.

The members are nominated by the Speaker. Almost all sections of the House are represented on the Committee as per the respective strength of parties in the House.

The function of the Committee is to recommend the time that should be allotted for the discussion of such Government legislative and other business as the Speaker, in consultation with the Leader of the House, may direct to be referred to the Committee.

The Committee, on its own initiative, may recommend to the Government to bring forward particular subjects for discussion in the House and recommend allocation of time for such discussions.

Committee of Privileges (Lok Sabha) 

This Committee consists of 15 members nominated by the Speaker.

The function is to examine every question involving breach of privilege of the House or of the members of any Committee thereof referred to it by the House or by the Speaker.

It determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report.

Committee on Petitions (Lok Sabha)

166. …………….

The Committee consists of 15 members nominated by the Speaker.

A Minister is not nominated to this Committee.

The function of the Committee is to consider and report on petitions presented to the House.

Besides, it also considers representations from individuals and associations, etc. on subjects which are not covered by the rules relating to petitions and gives directions for their disposal.

Committee on Subordinate Legislation (Lok Sabha) 

The Committee consists of 15 members nominated by the Speaker.

A Minister is not nominated to this Committee.

The Committee scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the Constitution or delegated by Parliament are being properly exercised by the executive within the scope of such delegation.

Rules Committee (Lok Sabha) 

The Rules Committee consists of 15 members including the Speaker who is the ex-officio Chairman of the Committee.

The members are nominated by the Speaker.

The Committee considers matters of procedure and conduct of business in the House and recommends any amendments or additions to the Rules of Procedure and Conduct of Business in Lok Sabha that are considered necessary.

Constitutional, Statutory and Quasi-Judicial Bodies

167. …………………….. 

There are multiple types of government bodies in India, that we hear on a daily basis in the news.

Constitutional Bodies 

Constitutional bodies are important bodies in India that derive their powers and authorities from the Indian Constitution. 

They are specifically mentioned in the Constitution, meaning they have dedicated articles.

Any change in the mechanism of these bodies would require a constitutional amendment.

Important bodies such as the Finance Commission, the UPSC, the Election Commission the CAG, National Commissions for SCs and STs, etc. are constitutional bodies.

Statutory Bodies 

These are non-constitutional bodies as they do not find any mention in the Constitution.

They are also important bodies due to their function.

They are created by an Act of Parliament.

They are called ‘statutory’ since statutes are laws made by the Parliament or the legislature.

Since these bodies derive their power from statutes or laws made by the Parliament, they are known as statutory bodies.

For example, the SEBI is a statutory body. It was set up in 1988 and was given statutory powers in 1992 through the passing of the SEBI Act, 1992.

Other examples: NHRC, Unique Identification Authority of India (UIDAI), CVC, Central Information Commission, etc.

Regulatory Bodies

168. ……………… 

Regulatory bodies are public or government agencies responsible for exercising autonomous authority over some area of human activity in a regulatory or supervisory capacity.

Some regulatory bodies are independent, which means they are independent of any branch of the government.

They are set up to enforce safety and standards.

They have the charge of establishing norms of a particular area of human activity, and also supervising the bodies employed in that activity.

They are established by legislative acts.

Examples of the regulatory body are given in the table below:

Important Regulatory Bodies in India

(Box) 

169. …………………

Executive Bodies 

These bodies are non-constitutional and non-statutory.

They are not mentioned in the Constitution.

They are also not established by an act of Parliament.

They are formed by executive resolution or action, which means that they are formed by the government’s action only.

They can be converted into a statutory body by enacting a law. For example, the UIDAI was made into a statutory body after it was established by enacting a new law.

Examples of executive bodies: the now-defunct the NITI Aayog, National Law Commission, etc.

Judicial Bodies 

Judicial bodies are courts in India. Their chief objective is to provide justice by following the laws of the land.

170. ………………………. 

Quasi-judicial Bodies 

A quasi-judicial body can be an individual or body with powers resembling a court of law.

They can adjudicate and decide penalties on the guilty.

They are different from judicial bodies in that their field is limited compared to a court.

They can be formed on a matter pending in court, by court order if the court considers it necessary; the court reserves the right to appoint members of such a body.

They can be tribunals for a specific domain, or like an arbitrator.

Quasi-judicial bodies have adjudicating powers in such matters as:

Breach of discipline

Trust in money matters or otherwise

Conduct rules

Their authority is limited to specific areas like:

Financial markets

Land use and zoning

Public standards

Employment law

Specific set of regulations of an agency

Decisions of a quasi-judicial body are often legally enforceable under the laws of a jurisdiction.

Examples of quasi-judicial bodies: National Human Rights Commission, National Consumer Disputes Redressal Commission, Competition Commission of India, Income Tax Appellate Tribunal, Appellate Tribunal for Electricity, Railway Claims Tribunal, Intellectual Property Appellate Tribunal, Banking Ombudsman, etc.

171. …………………… 

Difference between Judicial and Quasi-judicial Bodies 

Judicial decisions are bound by precedent in common law, whereas quasi-judicial decisions are gene rally not.

Judicial decisions may create new laws, but quasi-judicial decisions are based on existing law.

Quasi-judicial needn’t adhere to strict judicial rules (of procedure and evidence).

Quasi-judicial bodies can hold formal hearings only if they are mandated to do so as per their governing laws.

172. ………………………. 

Governance / Social Issues 

“Information is the currency of democracy” – Thomas Jefferson 

Syllabus: 

Important aspects of governance; Transparency and accountability (institutional and other measures); Citizens Charter; E-Governance (applications, models, successes, limitations, potential) Development Processes & Development industry (role of NGOs, SHGs, groups & associations, donors, charities, institutional and other stakeholders) Pressure Groups & Formal, Informal associations (and their role in the polity) Role of Civil Services in a democracy Welfare Schemes (centre, states; performance, mechanisms, laws, institutions and bodies constituted for protection of vulnerable sections); Social Sector & Social Services (health, education, human resources issues in development, management); Government Policies & Interventions for development of various sectors (issues in their design, implementation)

The rise in the popularity in the use of the term governance is closely linked with the redefinition of the role of state. In the post World War II period, state was seen as an engine of growth, but with failures in development performance, it began to be blamed for all that had gone wrong. Ineffective development policies and poor implementation of these policies together with inefficient and incompetent absorption of international aid, triggered the search for alternative frameworks for policy making and alternative institutions for delivering public services.

Governance is defined as the manner in which po the manner in which power is exercised in the management of a country’s economic and social resources for development. Good governance is synonymous with sound development management. There are four areas of governance that are consistent with the Bank’s mandate: public sector management, accountability, the legal framework for development, and information and transparency. – World Bank 

Governance is defined as “the exercise of economic, political and administrative authority to manage a country’s affairs at all levels. – United Nations Development Programme (UNDP

173. …………………….. 

Dimensions of Governance are: 

• Governance refers to a complex set of institutions and actors that are drawn from but also beyond the government.
• Governance recognises the blurring of boundaries and responsibilities for tackling social and economic issues.
• Governance identifies the power dependence involved in the relationships between institutions involved in collective action.
• Governance is about autonomous self-governing networks of actors.
• Governance recognises the capacity to get things done which does not rest on the power of the government to command or use its authority. It sees government as able to use new tools and techniques to steer and guide.

The World Bank’s notion of governance refers to reducing corruption and encouraging rule bound behaviour. In reforming public bureaucracies, it reflects the concerns of the Weberian model insisting on merit in recruitment, professionalization and neutrality and impartiality in enforcing rules. World Bank has employed six dimensions to construct measures of governance.

These dimensions are:

• Voice and Accountability, measuring political, civil and human rights
• Instability and violence -measuring the likelihood of violent threats to or changes in government, including terrorism.
• Government effectiveness, measuring the competence of the bureaucracy and the quality of public service delivery
• Regulatory burden- measuring the incidence of market unfriendly policies
• Rule of law-measuring the quality of contract enforcement, the police, and the courts, as well as the likelihood of crime and violence
• Control of corruption-measuring the exercise of public power for private gain, including both petty and grand corruption and state capture.

174. …………………………..

 Accountability in Governance 

Accountability refers to the process as well as norms that make decision makers answerable to ones for whom decisions are taken i.e., the decision maker and the beneficiary.

The recent emphasis on revolutionised democracy seeking increased accountability from the government has brought into focus its need and importance in Governance and government functioning.

Accountability mechanisms-in functioning of the State has been engaging attention of the civil society, academicians and lawmakers in general and international financial institutions and donors in particular.

In this context, accountability institutions assume importance and form the core of any good governance mechanism helping in bridging the gap between the stakeholders and the decision makers. 

Advantages of Accountability in Governance

Democratic governance: The accountability to the citizens is a fundamental principle of democratic governance. It is not limited to accountability to seniors in hierarchy only as part of chain of command but also the stakeholders including citizens and civil society.

It may stem out of legal requirements or may be determined by the moral and ethical framework of the organisation.

Answerability: Accountability as an answerability component to justify the action and an enforcement component that is to take action in cases where an act of omission or commission is established.

Remedial measures: It provides for remedial measures including punishment in case of deviations from norms.

Public confidence: Accountability helps in improving public confidence in government performance.

Stakeholders 

Bodies enabling check and balance: The framers of the Indian Constitution, while adhering to the principle of separation of powers between Legislature, Judiciary and Executive also provided for appropriate checks and balances for administrative objectivity and accountability. The accountability could be financial, administrative, legal or professional.

175. …………………………….. 

Citizens as electorate: First and foremost, the stakeholder in any case would be the citizens. As the electorate, they have the right to seek accountability of the elected representatives.

Citizens as taxpayers: The citizens are the taxpayers. They have a right to know how the money paid by them has been expended by the Government and whether it was used for appropriate purposes and efficiently. It also needs that the government functionaries entrusted with the collection of taxes and implementing the schemes of the government follow the prescribed norms

Accountability as an ongoing process 

Vision of government: The stakeholders directly or indirectly participate in framing the vision and indicating the priorities. The schemes are framed and implemented by the government. The results of evaluation help in improving the system.

Empowering stakeholders: At the same time, they empower the stakeholder to seek justification from the decision makers who in turn are obligated to provide necessary explanation. There are checks and balances and incentives in the system on one hand and expectations of the stakeholders to be met on the other.

Making accountability an obligation: Accountability is essentially an obligation to give an account of the actions taken or the decisions made by the person in authority to the stakeholders who are impacted by those decisions.

Necessisting transparency: Accountability necessitates transparency in decision making on the other it also presupposes that the accurate and reliable information and data is maintained by the government agency and is available in public domain for public scrutiny. In absence of information and facts neither the grievance of the citizens would be appreciated nor could the responsibility be imposed for acts of omission or commission.

Accountability and the Right to Information Act

176. ………………………….. 

The Right to Information Act, 2005 has introduced a huge element of transparency in the decision-making in the government as well as access to information.

Digitisation of various services to the citizens has not only facilitated faster delivery of services but also provided a clear trail of transactions for any analysis by an oversight agency.

Accountability and the Citizen’s Charter 

The Citizen Charter: also clearly spelt out the responsibilities of various agencies of the government. By laying down the timelines for rendering the specific services they proactively make themselves accountable to the citizens.

For example, the Citizens Charter of the Central Board of Direct Taxes (CBDT) provides for inter-alia service delivery standards which include the specified timelines for issue of refunds or redressal of grievances.

Role of Vigilance in Accountability 

Institutional mechanisms: The institutional mechanisms existence of strong and independent accountability institutions is a necessary condition for good governance.

These institutions can detect the violations and deviations from prescribed norms as well as the instances of poor administration.

They can indicate the abuse of power and unconstitutional conduct. The institutional mechanisms in context of the Government to ensure accountability may emanate out of Constitutional provisions, legislative framework and administrative arrangements.

Checks and balances: The framers of the Indian Constitution, while adhering to the principle of separation of powers between Legislature, Judiciary and Executive also provided for appropriate checks and balances for administrative objectivity and accountability.

Horizontal accountability: The institutions of horizontal accountability in Indian context include the institutions of CAG the Election Commission, the Vigilance Commission, the Central Information Commission and the Ombudsman.

177. ……………………… 

In addition, there are a large number of Regulatory bodies including SEBI, TRAI, CERC, CPCB etc. While the institution of CAG and Election Commission derive their mandate from the Constitution. others draw their mandate from the respective Acts governing them.

Financial Accountability 

Financial accountability is rather critical for the overall functioning of the government. The budget is passed by the Parliament allocating specific sums of money to different ministries and departments to implement the schemes and projects.

The Executive has full authority and freedom to formulate, design and implement the schemes and projects for development and welfare of the citizens of the country.

Comptroller and Auditor General (CAG): In order to ensure accountability of the executive to the legislature, the framers of the constitution created an independent oversight agency namely CAG of India as per Article 148 of the Constitution of India. 

Further, accounting for the expenditure incurred by the ministries and departments is done by the office of Controller General of Accounts (Ministry of Finance).

The Finance and Appropriation Accounts prepared by them are audited by the CAG of India who submits a report thereof to the Parliament in terms of Article 151 of the Constitution. This completes the financial accountability loop.

The Role of CAG 

The role of CAG is not limited to financial audit of accounts. In addition, CAG of India conducts Compliance Audit and Performance Audit.

Compliance audit: It is on examination of rules, regulations, orders and

instructions for their legality, adequacy, transparency, propriety, prudence and effectiveness.

Performance audit: It is an independent assessment or examination of the extent to which an organisation, program or scheme operates economically, efficiently and effectively. Thus, the audit conducted by the CAG of India covers almost all aspects of accountability.

178. …………………….. 

The CAG of India is an independent constitutional authority who is neither part of the Executive, nor of the Legislature.

Further, his independence is ensured through Constitutional and legislative provisions. Independence of the authority entrusted with the task of oversight eclipse in efficient discharge of his functions as part of the accountability mechanism.

Way Forward 

Resilient accountability: Governments today operate in a very complex environment with stakeholders consisting of different interest groups, competing demands on limited resources and complex legal requirements, therefore a more resilient accountability mechanism is required that encourages responsible governance.

Ensuring public trust: Accountability facilitates a feedback mechanism between the Government and its citizens. So the accountability to the citizens is most critical in order to ensure sustenance of public trust and confidence in the existing democratic systems.

The accountability mechanisms also need to keep pace with developments of modern government structures particularly in the era of digitalization.

There is also a need to sensitise the functionaries towards their responsibilities and duties in context of the accountability frameworks.

Minimum element of discretion: For better transparency, not only should there be a Citizen’s Charter but also well-defined Standard Operating Procedures (SOPs) for performing a job. Element of discretion needs to be minimised for ensuring responsiveness, transparency and accountability.

179. …………………………

 

RIGHT TO INFORMATION ACT 2005 

The law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005.

Every day, over 4800 RTI applications are filed. In the first ten years of the commencement of the act over 17,500,000 applications had been filed.

RTI is a fundamental right for every citizen of India. This act was enacted in order to consolidate the fundamental right in the Indian constitution ‘freedom of speech’.

Since RTI is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied fundamental right.

Information disclosure in India is restricted by the Official Secrets Act 1923and various other special laws, which the new RTI Act relaxes.

RTI has proven to be very useful, but is counteracted by the Whistle Blowers Protection Act, 2011.

Salient Features of the RTI Act 2005: 

It provides for the appointment of an information officerin each department to provide information to the public on request.

It fixes a 30-day deadline for providing information, the deadline is 48 hours if information concerns the life or liberty of a person.

Information will be free for people below the poverty line. For others, the fee will be reasonable.

The Act imposes an obligationon public agencies to disclose the information suo- moto to reduce requests for information.

It provides for the establishment of a Central Information Commission (CIC) and State Information Commissions. They will be independent high-level bodies to act as appellate authorities and vested with the powers of a civil court.

The jurisdiction of the Commission extends over all Central Public Authorities. When it comes to the RTI Act, the CIC is the only appellate authority which may declare a body as public authority if it is convinced that the organization fits into the criteria for being under the RTI Act.

The Act overrides the Official Secrets Act, 1923. 

The information commissions can allow access to the information if public interest outweighs harm to protected persons.

Any person who is a citizen of India can file an RTI. 

All categories of exempted information to be disclosed after 20 yearsexcept cabinet deliberations and information that affects security, strategic, scientific or economic interests, relations with foreign states or leads to incitement of offence.

180. ………………………… 

Citizens’ Charter

The Citizens’ Charter is an instrument which seeks to make an organization transparent, accountable and citizen friendly. A Citizens’ Charter is basically a set of commitments made by an organization regarding the standards of service which it delivers. Every citizens’ charter has several essential components to make it meaningful;.

• The first being the Vision and Mission Statement of the organization. This gives the outcomes desired and the broad strategy to achieve these goals and outcomes. This also makes the users aware of the intent of their service provider and helps in holding the organization accountable.

Secondly, in its Citizens’ Charter, the organization must state clearly what subjects it deals with and the service areas it broadly covers. This helps the users to understand the type of services they can expect from a particular service provider. These commitments/promises constitute the heart of a citizens’ charter. Even though these promises are not enforceable in a court of law, each organization should ensure that the promises made are kept and, in case of default, a suitable compensatory/remedial mechanism should be provided.

Thirdly, the Citizens’ Charter should also stipulate the responsibilities of the citizens in the context of the charter.

The basic thrust of Citizens’ Charter is to make public services citizen centric by ensuring that these services are demand driven rather than supply driven. In this context, the six principles of the Citizens’ Charter movement as originally framed were:

Quality – Improving the quality of services;

Choice for the users wherever possible;

Standards – specifying what to expect within a time frame;

Value – for the taxpayers’ money;

Accountability – of the service provider (individual as well as Organization); and

Transparency – in rules, procedures, schemes and grievance redressal.

181. ………………………………

e-Governance 

e-Governance can be defined as the application of information and communication technology (ICT) for providing government services, exchange of information, transactions, integration of previously existing services and information portals.

The “e” in e-Governance stands for ‘electronic’.

The Council of Europe referred to e-Governance as:

The use of electronic technologies in three areas of public action:

relations between the public authorities and civil society.

the functioning of the public authorities at all stages of the democratic process (electronic democracy).

the provision of public services (electronic public services).

Reasons for Opting e-Governance 

Governance per se has become very complex.

Increase in citizens’ expectations from the government.

Different Connotations of e-Governance 

e-Administration: The use of ICTs to modernize the state; the creation of data repositories for Management Information System (MIS) and computerization of records (land, health etc).

e-Services: The emphasis here is to bring the state closer to the citizens.

For Examples: Provision of online services.

e-administration and e-services together constitute what is largely termed as e-government.

e-Governance: The use of IT to improve the ability of the government to address the needs of society.

It includes the publishing of policy and program-related information to transact with citizens.

182. ……………………….. 

Borthakur’s IAS Academy 

It extends beyond the provision of online services and covers the use of IT for strategic planning and reaching the development goals of the government.

e-Democracy: The use of IT to facilitate the ability of all sections of society to participate in the governance of the state.

Emphasis is on bringing transparency, accountability, and participation of people.

It includes online disclosures of policies, online grievance redressal, e- referendums etc.

Origin:

e-Governance originated in India during the 1970s with a focus on in-house government applications in the areas of defence, economic monitoring, planning and deployment of ICT to manage data intensive functions related to elections, census, tax administration etc.

Initial Steps Taken 

The establishment of the Department of Electronics in 1970 was the first major step towards e-governance in India as it brought ‘information’ and its communication to focus.

National Informatics Centre (NIC) established in 1977, launched the District Information System program to computerize all district offices in the countr

The main thrust for e-governance was provided by the launching of NICNET in 1987 – the national satellite-based computer network.

Objectives 

Better service delivery to citizens.

Ushering in transparency and accountability.

Empowering people through information.

Improve efficiency within Government i.e between centre-state or inter-states.

Improve interface with business and industry.

183. ………………………

People

Process

Technology

Resources

Types of Interaction in e-Governance.

G2G i.e. Government to Government

G2C i.e. Government to Citizen

G2B i.e. Government to Business

G2E i.e. Government to Employees

Digital India Initiatives

It is an umbrella program to prepare India for a knowledge-based transformation.

It weaves together a large number of ideas and thoughts into a single comprehensive vision so that each of them is seen as part of a larger goal.

It has been launched by the Ministry of Electronics and Information Technology (Meity).

Vision Areas 

Digital infrastructure as Utility to Every Citizen

Governance and services on demand

Digital empowerment of citizens

Various Initiatives Under Digital India Initiatives 

MyGov: It aims to establish a link between Government and Citizens towards meeting the goal of good governance.

It encourages citizens as well as people abroad to participate in various activities i.e. ‘Do’, ‘Discuss’, ‘Poll’, ‘Talk’, ‘Blog’, etc.

184. ……………………….

DigiLocker: It serves as a platform to enable citizens to securely store and share their documents with service providers who can directly access them electronically.

e-Hospital-Online Registration Framework (ORF): It is an initiative to

facilitate the patients to take online OPD appointments with government hospitals. This framework also covers patient care, laboratory services and medical record management.

National Scholarships Portal (NSP): It provides a centralized platform for application and disbursement of scholarship to students under any scholarship scheme.

DARPAN: It is an online tool that can be used to monitor and analyze the implementation of critical and high priority projects of the State.

It facilitates presentation of real time data on Key Performance Indicators (KPIs) of selected schemes/projects to the senior functionaries of the State Government as well as district administration.

PRAGATI (Pro-Active Governance And Timely Implementation): It has been aimed at starting a culture of Pro-Active Governance and Timely Implementation.

It is also a robust system for bringing e-transparency and e-accountability with real-time presence and exchange among the key stakeholders.

It was launched in 2015.

Common Services Centres 2.0 (CSC 2.0): It is being implemented to develop and provide support to the use of information technology in rural areas of the country.

The CSCs are Information and Communication Technology (ICT) enabled kiosks with broadband connectivity to provide various Governments, private and social services at the doorstep of the citizen.

Mobile Seva: It provides government services to the people through mobile phones and tablets.

Jeevan Pramaan: It is an Aadhaar based Biometric Authentication System for Pensioners.

The system provides authenticity to Digital Life Certificate without the necessity of the pensioner being present in person before his/her Pension Dispensing Authority (PDA).

National Centre of Geo-informatics (NCOG): Under this project, Geographic Information System (GIS) platform for sharing, collaboration, location based analytics and decision support system for Departments has been developed.

National e-Governance Plan (NeGP): It takes a holistic view of e-Governance initiatives across the country, integrating them into a collective vision and a shared cause.

It comprises of 31 Mission Mode Projects, approved in 2006, but later it

was integrated into Digital India Program.

185. …………………….

e-Kranti: National e-Governance Plan 2.0

It is an essential pillar of the Digital India initiative.

It was approved in 2015 with the vision of “Transforming e-Governance for Transforming Governance”.

There are 44 Mission Mode Projects under e-Kranti, which are at various stages of implementation.

Thrust Areas of e-Kranti 

e-Education: All schools will be connected to broadband. Free WiFi will be provided in all secondary and higher secondary schools (coverage would be around 250,000 schools).

PMGDISHA: Pradhan Mantri Gramin Digital Saksharta 

Abhiyaan aims to make six crore people in rural India digitally literate.

SWAYAM: It includes Massive Online Open Courses (MOOCs) for leveraging e-Education. It provides for a platform that facilitates hosting of all the courses, taught in classrooms from Class 9 till post-graduation to be accessed by anyone, anywhere at any time.

e-Healthcare: e-Healthcare would cover online medical consultation, online medical records, online medicine supply, pan-India exchange for patient information, etc.

Farmers: This would facilitate farmers to get real-time price information, online ordering of inputs and online cash, loan, and relief payment with mobile banking.

Security: Mobile-based emergency services and disaster-related services would be provided to citizens on a real-time basis so as to take precautionary measures well in time and minimize loss of lives and properties.

186. ……………………………. 

Financial Inclusion: Financial inclusion shall be strengthened using mobile banking, Micro-ATM program, and CSCs/ Post Offices.

Justice: Interoperable Criminal Justice System shall be strengthened by leveraging several related applications, i.e. e-Courts, e-Police, e-Jails, and e- Prosecution.

Planning: National GIS Mission Mode Project would be implemented to facilitate GIS-based decision making for project planning, conceptualization, design, and development.

Cyber Security: National Cyber Security Co-ordination Centre has been set up to ensure a safe and secure cyber-space within the country.

Benefits/Outcomes of E-Governance 

Enhanced Trance

and Accountability.

Expanded reach of Governance.

Improved Public Administration.

Enables Environment for Promoting Economic development.

Improved service delivery in the form of better access to information and quality services to citizens.

Challenges to E-Governance 

Infrastructure 

Lack of basic infrastructural facilities like electricity, internet, etc.

Initiatives like BharatNet and Saubhagya are steps taken in this regard.

Cost 

e-Governance measures are costly affairs and require huge public expenditure.

187. ………………………..

In developing countries like India, the cost of projects is one of the major impediments in the implementation of e-Governance initiatives.

Privacy and Security 

Recent spark in data leak cases has threatened the peoples’ faith in e-

governance. Therefore, the implementation of e-governance projects must have security standards and protocols for safeguarding the interest of all classes of masses.

Digital Divide 

Huge gap between users and non-users of e-govt. services.

The digital divide takes form in rich-poor, male-female, urban-rural etc segments of the population.

The gap needs to be narrowed down, then only the benefits of e- governance would be utilized equally.

Suggestions

A hybrid approach needs to be adopted for enhancing interoperability among e- governance applications which will encompass a centralized approach for document management, knowledge management, file management, grievance management etc.

The e-governance initiatives in rural areas should be taken by identifying and analyzing the grassroots realities.

The government should also focus on devising appropriate, feasible, distinct and effective capacity building mechanisms for various stakeholders viz bureaucrats, rural masses, urban masses, elected representatives, etc.

Cloud computing is also becoming a big force to enhance the delivery of services related to e-governance. Cloud computing is not only a tool for cost reduction but also helps in enabling new services, improving the education system and creating new jobs/ opportunities.

188. …………………….

Meghraj- GI Cloud is a step in the right direction. The focus of this initiative is to accelerate the delivery of e-services in the country while optimizing ICT spending of the Government.

e-Governance through regional languages is appreciable for the nations like India where people from several linguistic backgrounds are the participants.

What is a Non-Governmental Organisation (NGO)? 

According to the World Bank, NGOs are private organisations that pursue

activities to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or undertake community development.

NGOs are legally-constituted organisations that operate independently from the government and are generally considered to be non-state, non-profit oriented groups who pursue the interests of the public.

They are also called Civil Society Organisations (CSOs), charitable organisations, voluntary organisations etc.

These organisations are usually set up by ordinary citizens and are involved in a wide range of activities that may have charitable, social, political, religious or other interests.

In India, NGOs can be registered under a plethora of Acts like Indian Societies Registration Act, 1860, Religious Endowments Act, 1863, Indian Trusts Act etc.

History of India’s NGOs: 

In the first half of the 19th century, the idea of voluntary organisations came into Indian society for the first time with the initiation of social reform movements. Reform movements brought in the spirit of devoting life to aid the disadvantaged sections of the society. These movements recognised the rights of women and untouchables.

The second half of the 19th century saw the prospering of institutionalised reform movements like Brahmo Samaj, Arya Samaj, Ramakrishna Mission etc. This led the government to pass the Societies Registration Act, 1860.

189. ………………………

Between 1900 and 1947, successful attempts were made to channelize the voluntary spirit for the political action and mass mobilisation to gain independence from the oppressive colonial regime.

The post-independence period saw a large number of voluntary organisations involved in the process of nation-building. The shift to neoliberal economic and political planning brought forth the fast-paced growth of voluntary organisations.

How are the NGOs funded? 

Government: 

Globally, NGOs assist governments to implement their welfare schemes at the grassroots.

In India, ministries like Health and Family Welfare (HFW), Human Resource Development (HRD), Women and Child Development (WCD) and Ministry of Environment, Forest and Climate Change (MOEFCC) have separate sections to deal with the NGOs.

These ministries are flooded with requests for grants from the NGOs. However, only a handful of the NGOs linked with politicians, bureaucrats or other high- profile individuals get hefty government funds.

Foreign Sources: 

The NGOs can receive funding from abroad only if they are registered with the Home Ministry under the Foreign Contribution (Regulation) Act (FCRA).

Without the registration, no NGO can give cash or anything of value higher than Rs.25,000.

Why do we need NGOs? 

Since independence, India has seen an improved standard of living, increased access to Education and health and poverty.

However, India still faces the issues of exclusion of women, children and the marginalised communities in the development process.

This led to the problem of Naxalism, farmer suicidees, protests for reservations etc.

190. ………………. 

India holds 130th position in the 2018 Human Development Index ranking. Also, according to the Global Hunger Index of 2018, 38.4% of children under five in India are stunted.

In such an environment, NGOs are vital in raising the concerns of the people and ensuring the inclusive growth of all within society.

The state needs the constructive and collaborative engagement of the civil society in its various developmental programs and activities so that these initiatives are implemented at the grass-root level.

What are the Indian legislations related to NGOs? 

Constitution: 

Article 19(1) (c) provides for the right to form associations.

Article 43 emphasises the State’s need to promote cooperatives in rural areas.

Foreign Contribution (Regulation) Act (FCRA) 

FCRA was enacted in 1976 during the emergency period.

This law regulates all grants, non-Indian gifts and donations.

It also bans electoral candidates, political parties, judges, MPs and even cartoonists from accepting foreign contributions. This was done to prevent foreign interference in domestic politics.

It was amended in 2010 to bar the organisations of “political nature” from accepting foreign contributions and mandated the organisations receiving foreign funds to renew their licences every 5 years.

In 2014, the Delhi High Court found that both the BJP and the Congress were violating the FCRA provisions by accepting funds from the multinational Vedanta Group Subsidiaries.

In 2016, the government amended the FCRA, 2010 so that the contributions from foreign companies (with 50% shareholding) to no-for-profit, political parties and candidates contesting elections, newspapers, government employees etc., does not come under the definition of foreign source.

191. …………………….. 

This amendment made it legal for the political parties to accept foreign aid through Indian subsidiaries like Vedanta.

It also allowed the companies to ease the Corporate Social Responsibilityy spending, as the repetitive consent from the Ministry of Home Affairs is no longer required for the disbursement of funds from foreign companies.

Also, it allowed the NGOs to get foreign funds more easily, though they have to get permission from the MHA first.

NGO’s compliance with FCRA:

As per the Act, the NGO that accepts the foreign contribution has to register with the MHA and such contribution can only be accepted through designated banks.

The NGO also has to report to the union government about any foreign contribution within 30 days after receiving it.

The annual reports need to be filed by the NGOs to the MHA. They must report the amount of foreign contribution, the source, how it was received, the purpose for which it was received and how it was utilised.

If NGOs don’t comply with the FCRA, the government can penalise them. For instance, if the NGOs do not file the annual returns, the government can issue a show-cause notice and can later suspend or cancel their foreign funding licences.

The licences of about 20,000 NGOS were cancelled in the past few years by the Central government after they were found to have been violating the provisions of FCRA Act.

Foreign Exchange Management Act, 1999 (FEMA):

It aims to consolidate and amend the law related to foreign exchange to facilitate external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India.

The transaction under this Act is called a fee or a salary while the same under FCRA is called a grant or a contribution.

In 2016, the powers of the Ministry of Finance to monitor the NGOs were placed under the FEMA to bring all NGOs that receive foreign contributions under one umbrella for better monitoring and regulations of the funds.

192. ………………………….. 

This was done to make sure that only one custodian monitors the flow of the foreign funds to these organisations.

What are the roles of NGOs? 

In India, based on the law under which they operate and the kind of activities they are involved in, the NGOs are classified into the following broad categories:

Registered Societies formed for specific purposes

Charitable Organisations and Trusts

Local Stakeholders Groups, Microcredit and Thrift Enterprises, Self Help Groups.

Professional Self-Regulatory Bodies.

Government Promoted Third Sector Organisations.

Some of the roles undertaken by the NGOs are as follows:

Advocacy/social safety: 

The NGOs play an important role in ensuring public awareness about social problems and needs.

They are the voices of the people at the grass-root level.

They can research, analyse and inform the public about the issues they advocate or fight for.

Activism and lobbying are also some of the other roles played by the NGOs.

Enhancing the performance of the government:

The NGOs make sure that the government is accountable to the citizens.

They make sure that governance is inclusive rather than sectarian.

They encourage innovation and flexibility in policymaking by providing their independent expertise and research.

193. …………………………

They are also involved in the monitoring and evaluation of government policies. The Comptroller and Auditor General (CAG) takes in the reports and social audits by the NGOs while preparing its reports.

Services: 

The non-profit sector can be used as a flexible mechanism through which those who are concerned about social or economic problems can respond to them.

It also includes groups of people who wish to do public good that exceeds government or social support.

NGOs also assist in constructive conflict resolution. In international politics, Track II diplomacy (involving non-governmental bodies) plays a significant role in creating an environment of trust and confidence.

They ensure efficient delivery of services at the local level through community participation.

Capacity Building: 

They can provide education, training and information for free to people who cannot afford it.

Ensuring community participation: 

The non-profit organisations are capable of indulging in constructive dialogue with the communities, particularly the most disadvantaged.

This will allow for the promotion of community participation during the times of  disasters, economic recessions etc.

This ensures efficient delivery of essential humanitarian services, development and social services at the ground level.

What are the issues with the NGO? 

Difficult to monitor: Monitoring of the NGOs is a challenge as it is very difficult to distinguish whether an organisation wants to work for a cause or have been established for the getting government grants.

Bias: Financial dependence on the government makes NGOs less willing to speak out against the government.

194. ……………………….

Ulterior motive: NGOs have acted as a cover for organised crimes in past and are often seen as fronts for extremist causes.

Foreign interference: NGOs that are funded by foreign sources are accused of organising agitations and preventing developmental projects in India. It is often said that these NGOs are used by foreign countries to create propaganda to stall the developmental projects. Example: Kudankulam Protest.

Interference: The NGOs are often seen as an encroachment of centuries-old

tradition and culture of people, leading to public protests against them. Jallikattu protests following the PIL by PETA is one such example.

Lack of supportive mechanisms: Many NGOs do not have the necessary funding, legal teams, or other needed professionals.

Not transparent: CBI has found that only 10% of the total registered NGOs under the Social Registration Act file annual financial statements.

Money laundering: Corrupt NGOs that receive foreign funds may serve as channels for money laundering.

Do NGOs come under the RTI Act? 

Last year, the Supreme Court had held that the NGOs that are “substantially financed, directly or indirectly”, by government funds will fall within the ambit of “public authority” under the Right to Information (RTI) Act, 2005.

“Substantial” here means a large portion. It does not necessarily have to mean major portion or more than 50%.

This would mean that these NGOs have to maintain records as provided under the Act, and all Indian citizens have the rights to get information from them.

What can be the way forward? 

A National Accreditation Council involving academicians, activists, retired bureaucrats etc., should be set up to ensure compliance by the NGOs.

Improved coordination within the government: Ministries of Home Affairs and Finance must enhance their coordination to ensure better monitoring and regulation of illicit and unaccounted funds.

195. ……………………

A transparent regulatory mechanism to look into the financial activities of the NGOs and voluntary organisations is the need of the hour.

Citizens should play a proactive role in the democratic processes that go beyond the ritual of voting. They, through the behavioural change, should bring forth social justice, gender equality, inclusive growth etc. For this to happen, the government must promote sound communication strategies with the inclusion of media and transparent NGOs.

Laws to promote transparency: The government should frame guidelines that mandate the organisations to maintain their accounts in certain procedures. Also, the government should take measures to obtain balance sheets when the organisations fail to provide them. General Financial Rules, 2005 mandates a regulatory mechanism for the NGOs and comprehensive law in accordance with these rules must be framed as soon as possible.

What are self-help groups? 

Self Help Groups (SHGs) are informal groups that consist of people who face similar problems.

These people come together to form a group to overcome their common problems to improve their standard of living.

They are mostly from a similar socio-economic background and are involved in undertaking small savings amongst themselves in a bank. This amount acts as the fund for the SHGs and is used to provide loans to its members.

It is a vital tool to alleviate people from below poverty line and improve social status through the promotion of self-employment.

Who helps in the formation of SHGs? 

Any local individual who has needed education or skills may help initiate the SHGS.

This individual is involved in bringing together all those who are facing similar problems and advocating the benefits of the SHGs.

This person is often called the “animator” or a “facilitator”.

196. …………………….

He or she is usually well-known within the community.

A woman animator can play a significant role in the woman empowerment in rural India.

However, the animator cannot bring the people together into the SHGs by himself/herself.

They are assisted by the following agencies:

1. NGOs
2. Developmental departments of the state governments
3. Any of the locally available banks

The functions of the animator include:

1. Explain the benefits of the SHGS.
2. Help initiate the first few meetings of the SHGS.
3. Encourage the group and its leader.
4. Provide innovative ideas and solve the problems of the SHGs.

How do the SHGS function? 

Members: 

An ideal SHG should have about 10 to 20 members.

This is because if the group is bigger, it will be difficult for an individual to undertake equal participation in a large group.

The SHG shouldn’t have more than one member from a particular family.

This allows the inclusion of many families.

It should also have either only men or only women because it is found that the mixed groups are not successful.

It is also found that the women SHGs are more successful because the members are better at savings and that they are making use of the loans more efficiently than men.

197. ………………………………

The members of the SHGS must have similar problems and backgrounds for it to be successful.

SHG Meetings: 

Ideally, the meetings should be held weekly or monthly so that the members become closer to each other.

All members must attend the meetings for it to become successful.

Membership register, minutes register, savings and loan register, etc., must be kept up to date so that it is easy to know about the SHGs and that there is transparency within the group.

What are the functions of the SHGs? 

Initiate and maintain savings within the group: All members must regularly save at least a small amount. These savings allow them to get future credits for their group.

Lending loans to the members: The savings made by the SHG must be used to provide loans to members of the group. Everything related to the loan must be decided within the group.

Solving common problems: SHGs mostly consist of individuals who face similar problems. The grouping should essentially help the individual overcome these problems through discussions and interactions within the group and overcoming the problems and finding a common and united solution to the problems. solution

Bank Loans: SHGs must work on getting a collective guarantee system so that they can avail loans from official sources.

Why does India need SHGs? 

The need to solve problems at the ground level: India is a country that has diverse culture, traditions, historical backgrounds, etc. Therefore, it is difficult for the government to solve the socio-economic problems by itself. Thus, bringing together the people who face similar problems may be a game-changer for the Indian economy.

Financial Inclusion: According to the NSSO data, 51.4% of the farmer households are not able to have access to formal credit. This has led to many

negative implications such as poverty, farmer suicides Many in India are not able to obtain loans due to the absence of collateral. SHGs can help solve this problem.

198. ………………………… 

What are the advantages of the SHGs? 

The advantages of SHGS are as follows:

Combating social evils: The SHGs play a crucial role in overcoming social evils like alcoholism, drug addiction, gambling, etc.

Women empowerment: Women SHGs make its members independent from social constraints and allow them to make independent decisions. They can even actively participate in the gram sabha.

Active participation in democracy: SHGS can actively participate in the aspects of local governance. This would mean the inclusion of weaker and marginalised sections of the society in the local governance.

Increase employment opportunities in rural India: It allows for micro-level entrepreneurship within the rural society and reduces too much dependence on agriculture.

Easier access to government schemes: The government schemes are mostly meant for the marginalised sections of the society. The inclusion and identification of these people are highly difficult. If they are grouped together, it is easier for the government to identify those who are in need of assistance quickly and efficiently. It also prevents the exploitation and corruption of the government at the ground level.

Improves the standard of living: The collective team effort by the SHGs for financial inclusion allows for the improvement in the living standard, family planning, healthcare, of the vulnerable sections of the society.

Financial discipline: The members of the SHGs are encouraged to open savings accounts in banks. This assures improved living conditions, increased spending on education, health, etc.

199. …………………………… 

What are the limitations of SHGs? 

Too much dependence on government and NGOs: Many SHGs are dependent on the promoter agencies for their survival. In case these agencies withdraw their support, the SHGs are vulnerable to downfall.

Lacks qualified facilitator: The facilitators do not have professional training with regards to organising SHGS.

Lacks up-gradation of skills: Most SHGs are not making use of new technological innovations and skills. This is because there is limited awareness with regards to new technologies and they do not have the necessary skills to make use of the same. Furthermore, there is a lack of effective mechanisms that promote skill developments in rural areas.

SHGs are run by non-professionals: There is no professionalism within the SHGS. This does not promote the expansion and improvement of the SHGs. This does not allow for the increase of wages of the members and improvement in their living conditions. This also leads to error in accounting and mismanagement of the funds.

Lacks security: SHGs are mostly not registered. They are run based on the trust between the members. The savings made by the SHG members may not be safe, which brings in the mistrust between the members.

Pressure Groups and Their Role in the Polity 

Pressure group is a group of people who are organised actively for promoting or defending their common interest. The term ‘pressure group’ is used as the group attempts to bring a change in the public policy by exerting pressure on the government.

Pressure Groups are also known as Interest Groups or Vested Groups. There is large no. of formal /informal groups that influence the polity of any country, right from the formation of government itself to day-to-day governance issues. Superficially all the formal & informal associations collectively could be termed ‘Interest Groups’ as all of them have certain vested interests related to the general governance of the country. Interest groups are numerous and of many kinds but whenever they become active in order to achieve their interests by their attempts of influencing the public affairs at administrative or legislative level they are termed Pressure groups.

200. ……………………

Techniques Used by Pressure Groups 

1. Electioneering : Placing in public office persons who favour their interests.
2. Lobbying: Persuading public officers to adopt and enforce policies of their interest.
3. Propagandizing: Influencing the public opinion.

Pressure groups may sometimes make use of media for dispersing their views in public and winning support. They may publish statistics in favour of their claims. How ever, some times they may even resort to illegitimate and illegal methods like strikes, violence or even bribes.

Major Pressure Groups in India 

Business Groups – FICCI, CII, ASSOCHAM, AIMO, FAIFDA etc. (institutional groups)

Trade Unions – AITUC, INTUC, HMS, CITU, BMS etc.

Agrarian Groups- All India Kisan Sabha, Bharatiya Kisan Union etc.

Student’s Organisations- ABVP, AISF, NSUI etc.

Religious Groups – RSS, VHP, Bajrang Dal, Jamaat-e-Islami etc.

Caste Groups – Harijan Sevak Sangh, Nadar Caste Association etc

Linguistic Groups – Tamil Sangh, Andhra Maha Sabha etc.

Tribal Groups – NSCN, TNU, United Mizo federal org, Tribal League of Assam etc.

Professional Groups – IMA, BCI, IFWJ, AIFUCT etc

Ideology based Groups – Narmada Bachao Andolan, Chipko Movement, Women Rights Organisation, India Against Corruption etc.

Anomic Groups* – ULFA, Maoists, JKLF, All-India Sikh Student’s Federation etc.

Note: Anomic pressure groups are spontaneous break through into the political system from the soiciety such as riots, demonstrations, assassinations and the like.

201. …………………

Role of Civil Services in Democracy

In a democracy, the civil services play an extremely important role in the administration, policy formulation and implementation, and in taking the country forward towards progress and development.

Democracy is an egalitarian principle in which the governed elect the people who govern over them. There are three pillars of modern democracy:

1. Legislature
2. Executive
3. Judiciary

The civil services form a part of the executive. While the ministers, who are part of the executive, are temporary and are reelected or replaced by the people by their will (through elections), the civil servants are the permanent part of the executive.

The civil servants are accountable to the political executive, the ministers. The civil services are thus, a subdivision under the government.

The officers in the civil services form the permanent staff of the various governmental departments.

They are basically expert administrators.

They are sometimes referred to as the bureaucracy or also the public service.

Poverty and hunger issues

As per the Asian Development Bank’s figures:

In India, 21.9% of the population lives below the national poverty line in 2011.

In India, the proportion of the employed population below $1.90 purchasing power parity a day in 2011 is 21.2%.

For every 1,000 babies born in India in 2017, 39 die before their 5th birthday.

202. …………….. 

The World Bank sets the international poverty line at periodic intervals as the cost of living for basic food, clothing, and shelter around the world changes. In the 2008 update, the poverty line was set at $1.25 per day. In 2015, the threshold was updated to $1.90 per pay, which is where it currently stands.

The characteristics of the poverty-ridden people are: 

The major percentage of poor people reside in rural areas of Indi

The family size is comparatively larger.

The main occupation is agriculture.

They lack resources to grow.

Low-Income group.

What causes poverty? 

The following can be some reasons causing poverty in India.

Population Rise

Low Productivity in Agriculture

Under-Utilized Resources

Low Rate of Economic Development

Price Rise

Unemployment

Shortage of Capital and Able Entrepreneurship

Social Factors

2021 Oxfam Report on Hunger

Title of the Report – The Hunger Virus Multiplies: (Deadly Recipe Of Conflict, Covid-19 And Climate Accelerate World Hunger)

203. ……………………….. 

Summary of the Report – Deaths from hunger are outpacing the virus. Ongoing conflict, combined with the economic disruptions of the pandemic and an escalating climate crisis, has deepened poverty and catastrophic food insecurity in the world’s hunger hotspots and established strongholds in new epicentres of hunger.

Highlights of the Report 

This year, 20 million more people have been pushed to extreme levels of food insecurity, reaching a total of 155 million people in 55 countries.

Since the pandemic began, the number of people living in famine-like conditions has increased sixfold to more than 520,000.

Today, 11 people are likely dying every minute from acute hunger linked to three lethal Cs: conflict, COVID-19, and the climate crisis.

Conflict was the single largest driver of hunger since the pandemic began, the primary factor pushing nearly 100 million people in 23 conflict-torn countries to crisis or worse levels of food insecurity.

The most severe level of hunger has spiraled since the pandemic. The number of people facing famine-like conditions has drastically increased, reaching 521,814 people across Ethiopia, Madagascar, South Sudan, and Yemen. Most of the countries experiencing such catastrophic levels of hunger have witnessed prolonged periods of conflict, violence, and insecurity.

The estimated number of people living in extreme poverty is projected to reach 745 million by the end of 2021, an increase of 100 million since the pandemic started. Marginalised groups, especially women, displaced people, and informal workers, have been hit hardest.

The rich continued to get richer during the pandemic. The wealth of the 10 richest people (nine of whom are men) increased by $413 billion last year.

The climate crisis was the third significant driver of global hunger this year. Nearly 400 weather-related disasters, including record-breaking storms and flooding, continued to intensify for millions across Central America, Southeast Asia, and the Horn of Africa, where communities were already battered by the effects of conflict and COVID-19-related poverty.

204. ……………………….. 

 The Three Lethal Cs 

The report reflects on the three lethal Cs:

Conflict: 

The conflict has gone largely unabated and is the primary driver of hunger for almost 100 million people across 23 countries – including 22 million more people added just last year.

Afghanistan, the Democratic Republic of Congo, Syria, and Yemen – some of the world’s worst hunger hotspots – are all torn by conflict.

COVID-19 economic fallout: 

The economic decline caused by lockdowns and closures of borders, businesses, and markets has worsened the situation for the most disadvantaged people and led to a spike in hunger. Global economic activity has declined by 3.5% and poverty increased by 16%.. 

Around the world, 33 million workers lost their jobs in 2020. The pandemic led to mass unemployment causing $3.7 trillion in lost labour income – the equivalent to 4.4% of 2019 global GDP.

Globally, food prices have increased by almost 40 percent since last year, the highest rise in over a decade. This has been driven by increased demand for biofuels, lockdowns and border closures that continue to disrupt food flows.

Climate:

Last year, the world saw a record $50 billion worth of damages from extreme weather disasters exacerbated by climate change (including $6 billion in Honduras alone), which were the primary driver responsible for pushing nearly 16 million people in 15 countries to crisis levels of hunger.

205. …………………

Agriculture and food production bore 63% of the impact of these climate crisis shocks, and it is vulnerable countries and poor communities, who least contributed to climate change, that are most affected.

Initiatives by Government to Curb Poverty in India 

Ending poverty in all its forms is the first of the 17 Sustainable Development Goals (SDGs) of the 2030 Agenda for Sustainable Development. Read more on Sustainable Development Goals on the given link.

The government of India took several initiatives to eradicate poverty from the country. A few of them are discussed below-

1. Saansad Aadarsh Gram Yojana (SAGY) – Ministry of Rural development. initiated the scheme in 2014. The scheme aims to develop five ‘Adarsh Villages’ or ‘Model Villages’ by 2024. Further details on the Saansad Aadarsh Gram Yojana (SAGY) scheme are available on the given link.
2. National Rural Livelihood Mission (NRLM) – Ministry of Rural Development

started NRLM 2011 to evolve out the need to diversify the needs of the rural poor and provide them jobs with regular income on a monthly basis. Go through the National Rural Livelihoods Mission (NRLM) in detail here.

3. Mahatma Gandhi National Rural Employment Guarantee Act 

(MGNREGA) – In 2005 Ministry of Rural Development initiated MGNEREGA to provide 100 days of assured employment every year to every rural household. One-third of the proposed jobs would be reserved for women. Read in detail about Mahatma Gandhi National Rural Employment Guarantee Act, (MGNREGA) over here.

4. National Urban Livelihood Mission (NULM) – In 2013, NULM was commenced by the Ministry of Housing and Urban Affairs focusing on organizing urban poor in Self Help Groups, creating opportunities for skill development leading to market-based employment, and helping them to set up self-employment ventures by ensuring easy access to credit. You can go through the DAY-NULM National Urban Livelihood Mission on the given link.
5. Pradhan Mantri Jan Dhan Yojana (PMJDY) – the Ministry of Finance in 2014 initiated PMJDY that aimed at direct benefit transfer of subsidy, pension, insurance, etc., and attained the target of opening 1.5 crore bank accounts. The scheme particularly targets the unbanked poor. Further details on Pradhan Mantri Jan-Dhan Yojana (PMJDY) is available here.
6. …………………

Initiatives by Government to fight against Hunger in India. 

As per the Global Hunger Index 2020, India is in 94th position out of 107 countries i.e. Hunger and malnutrition is a serious problem in India. A detailed report on Global Hunger Index on the linked page. The Government of India took several initiatives to fight against hunger across the nation which is discussed below-

1. National Nutrition Mission (NNM), Poshan Abhiyan – NNM was started in 2018 by the Ministry of Women and Child Development to reduce the level of under-nutrition and also enhance the nutritional status of children in the country. Know in detail about the National Nutrition Mission – Poshan Abhiyan on the linked page.
2. National Food Security Mission – Ministry of Agriculture initiated NFSM in 2007 to increase the production of rice, wheat, pulses, and coarse cereals through area expansion and productivity enhancement in a sustainable manner.
3. Zero Hunger Programme – launched on October 16, 2017 with the aim to make

farm inventions, Organising the farming system for nutrition, Setting up genetic gardens for biofortified plants and initiating Zero hunger training. You can know in detail about the Zero Hunger Programme in the given link.

Global Initiative Against Poverty and Hunger Poverty and Hunger. 

Food is at the core of the Sustainable Development Goals (SDGs). Goal 2 of SDG deals with Zero Hunger. Given below are some global level initiatives to fight poverty level initiatives to fight poverty and hunger-

1. The End to Poverty Initiative – This Centenary Initiative is designed specifically

as the vehicle to take forward the ILO’s work in implementing the 2030 Agenda for Sustainable Development to alleviate poverty. Read more on International Labour Organization- ILO on the given link.

2. Zero Hunger By World Food Programme – with humanitarian food assistance, provide nutritious food to those in urgent need. Meanwhile, the complementary programs address the root causes of hunger and build the resilience of communities. Aspirants can know in detail about the World Food Programme WFP in the given link.
3. …………………
4. Fight Hunger First – With a vision to have a world without hunger and poverty,

Welthungerhilfe- WHH has been implementing several initiatives in rural areas of India and Bangladesh. It was set up by a UN agency FAO. You can know in detail about Food & Agriculture Organization (FAO) on the linked page.

4. Zero Hunger Challenge (Save Food) by FAO – The 2012 United Nations Conference on Sustainable Development, also known as Rio+20, launched the Zero Hunger Challenge which includes addressing the sustainability of all food systems and the vision of zero food loss and waste (FLW).
5. Feed the future – is the US government’s Global Hunger and Food Security Initiative. It invests in countries that are committed to improving their own food security and nutrition by developing the agriculture sector and addressing the root cause of poverty, hunger, and malnutrition.

What is malnutrition? 

Malnutrition refers to deficiencies, excesses or imbalances in a person’s intake of energy and/or nutrients. The term malnutrition covers 2 broad groups of conditions.

1. One is ‘undernutrition‘ which includes stunting (low height for age), wasting (low weight for height), underweight (low weight for age) and micronutrient deficiencies or insufficiencies (a lack of important vitamins and minerals).
2. The other is overweight, obesity and diet-related non communicable diseases (such as heart disease, stroke, diabetes and cancer).

According to the World Food Programme and World Bank, malnutrition affects cognitive ability, workdays and health, impacting as much as 16% of GDP of the world. 

Triple burden of malnutrition 

1. Undernutrition 

Stunting: Children are defined as stunted if their height-for-age is below the WHO Child Growth Standards median. It is a clear sign that children in a country are not developing well – is both a symptom of past deprivation and a predictor of future poverty.

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Wasting: Low weight-for-height indicates in most cases with acute starvation and/or severe disease. Contrary to common belief, most wasted children around the world live in Asia and not in emergency settings.

2. Hidden hunger is a lack of vitamins and minerals which harms children and women. Iron deficiency reduces children’s ability to learn and iron deficiency anaemia increases women’s risk of death during or shortly after childbirth.
3. Child overweight can lead to early onset of type-2 diabetes, stigmatization and depression, and is a strong predictor of adult obesity, with serious health and economic consequences.

Malnutrition in India 

The Global Nutrition Report 2020 highlighted following trends in India.

Global Nutrition Targets: India will miss targets for all four nutritional indicators i.e. target on stunting, anaemia, overweight & exclusive breastfeeding.

Stunted and wasted: In India 37.9% of children under 5 years are stunted and 20.8% are wasted, compared to the Asia average of 22.7% and 9.4% respectively.

Inequalities are evident for stunting, with stunting prevalence being 10.1% higher in rural vs urban areas.

Underweight: Between 2000 and 2016, rates of underweight (low weight for age) have decreased from 66.0% to 58.1% for boys and 54.2% to 50.1% in girls.

However, this is still high compared to the average of 35.6% for boys and However, this is still high compared to the 31.8% for girls in Asia.

Overweight: As of 2015, the national prevalence of under-five overweight is 2.4%, which has increased slightly from 1.9% in 2006.

Adult nutrition: India’s adult population faces a malnutrition burden.

51.4% of women of reproductive age have anaemia 9.1% of adult men have diabetes, compared to 8.3% of women.

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5.1% of women and 2.7% of men have obesity.

Challenges 

Paradox related to production and Accessibility: In India, food grain yields have risen 33% over the last two decades, however, consumer’s access to rice, wheat and other cereals has not increased at the same rate, due to population growth, inequality, food.

Urbanization: In cities, many poor children live in ‘food deserts‘, facing an absence of healthy food options, or in ‘food swamps’, confronted with an abundance of high- calorie, low-nutrient, processed foods.

Poverty: Poor families tend to select low-quality food that costs less. Because of poverty and exclusion, the most disadvantaged children face the greatest risk of all forms of malnutrition.

Climate shocks, loss of biodiversity, and damage to water, air and soil are worsening the nutritional prospects of millions of children and young people, especially among the poor. 

Inter and Intra State Variations in Malnutrition. 

There is an increase in the prevalence of severe acute malnutrition in 16 States/UTs (compared to NFHS-4 conducted in 2015- 16). Kerala and Karnataka are the only two big states where there is some decline. 

The data report an increase in childhood stunting (an indicator of chronic under-nutrition and considered a sensitive indicator of overall well-being) in 13 of the 22 States/UTs.

Economic growth vs. health indicators 

The World Health Organization calls stunting “a marker of inequalities in human development”.

There is an increase in the prevalence of childhood stunting in the country during the period 2015-16 to 2019-20.

Over the last three decades, India has experienced high rates of economic growth. But this period has also seen increasing inequality, greater informalisation of the labour force, and reducing employment elasticities of growth.

210. …………………

Absence of Agriculture-Nutrition Link: An important approach to address nutrition is through agriculture. This link is important because about three-fifths of rural households are agricultural in India (National Sample Survey Office, 70th round) and malnutrition rates, particularly in rural areas are high (National Family Health Survey-4).

Government initiatives 

1. National Nutrition Strategy 

It is a 10-point nutrition action plan that includes governance reforms and envisages a framework wherein the four proximate determinants of nutrition – uptake of health services, food, drinking water & sanitation and income & livelihoods – work together to accelerate decline of under nutrition in India.

Key Feature of Strategy are:

It focuses to reduce all forms of malnutrition by 2030, with a focus on the most vulnerable and critical age groups.

A decentralised approach will be promoted with greater flexibility and decision making at the state, district and local levels. The Strategy proposes to launch interventions with a focus on improving healthcare and nutrition among children and improve maternal care.

Governance reforms envisaged in the Strategy include:

Convergence of state and district implementation plans for ICDS, NHM and Swachh Bharat.

Focus on the most vulnerable communities in districts with the highest levels of child malnutrition.

Service delivery models based on evidence of impact.

2. National Nutrition Mission (NNM) 
3. Ending all forms of malnutrition by 2030 is also the target of Sustainable Development Goal (SDG-2) of Zero Hunger.
4. …………………

2. Towards this end, NNM aims to reduce stunting, underweight and low birth weight each by 2 per cent per annum.
3. It aims to reduce anaemia among children, adolescent girls and women, each by 3 per cent per annum by 2022. 

Way forward 

Mothers’ education 

Women’s education has a multiplier effect not only on household food security but also on the child’s feeding practice and the sanitation facility. 

Despite India’s considerable improvement in female literacy, only 13.7 per cent of women have received higher education (NFHS, 2015-16).

Therefore, programmes that promote women’s higher education such as liberal scholarships for women need to be accorded a much higher priority.

2. Sanitation and access to safe drinking water 

The second key determinant of child under-nutrition is the wealth index, which subsumes access to sanitation facilities and safe drinking water.

WASH initiatives, that is, safe drinking water, sanitation and hygiene, are critical for improving child nutritional outcomes.

In five years of the Cwachh Bharat Abhiyanas per government records and rurlal sanitation coverage has gone from  38.7 per cent in 2014 to 100 per cent in 2019, while the sanitation coverage in urban cites has gone up to 99 per cent by September 2020.

has gone up to 99 per cer

This remarkable achievement of the Swachh Bharat Abhiyan, subject to third-party evaluations, is expected to have a multiplier effect on nutritional outcomes. 

3. Leveraging agricultural policies 

We should leverage agricultural policies and programmes to be more “nutrition-sensitive” and reinforcing diet diversification towards a nutrient-rich diet.

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Bio-fortification is very cost-effective in improving the diet of households and the nutritional status of children.

The Harvest-Plus programme of CGIAR can work with the Indian Council of Agricultural Research (ICAR) to grow new varieties of nutrient-rich staple food crops.

4. Promotion of exclusive breastfeeding, complementary foods, diversified diet 

The promotion of exclusive breastfeeding and the introduction of complementary foods and a diversified diet after the first six months is essential to meet the nutritional needs of infants and ensure appropriate growth and cognitive development of children.

5. Access to prenatal and postnatal care 

Access and utilisation of prenatal and postnatal health care services also play a significant role in curbing undernutrition among children.

Anganwadi workers and community participation can bring significant improvements in child-caring practices.

Recent initiatives 

POSHAN 2.0 guidelines announced in January 2021. 

The focus is on the 1,000 days between a mother’s pregnancy and her child’s second birthday, prioritising women and girls ad addressing their nutritional deficiencies through fortification girls, and addressing their rations.

The guidelines place accountability for the first time at the district level with nutrition indicators included in the KPIs (key performance indicators) of district magistrates/district collectors.

POSHAN tracker -The tracker replaces the CAS system as the digital backbone of Poshan 2.0. It aims to provide a holistic view of distribution and access of nutrition services by anganwadi centres and AWWs to eligible groups — pregnant women, lactating mothers, children and adolescents.

Its centralised data architecture enables interfaces with digital technology systems of other ministries, to help ensure that households which fall in the critical 1,000-day period receive benefits and services across different social protection programmes.

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In response to the tragedy of children orphaned by Covid-19, the tracker now carries a module to enable AWWs to identify and provide support to these children.

“Poshan Vatikas” or nutrition gardens – allowing families to access locally- produced nutritive foods while increasing their livelihoods and productivity.

Right to Health and Indian Constitution 

Right to health is not included directly in as a fundamental right in the Indian Constitution. The Constitution maker imposed this duty on state to ensure social and economic justice. Part four of Indian constitution which is DPSP imposed duty on States. If we only see those provisions then we find that some provisions of them has directly or indirectly related with public health. The Constitution of India not provides for the right to health as a fundamental right.

The Constitution directs the state to take measures to improve the condition of heaith care of the people. Thus the preamble to the Constitution of India, inter alia, seeks to secure for all its citizens justice-social and economic. It provides a framework for the achievement of the objectives laid down in the preamble. The preamble has been amplified and elaborated in the Directive Principles of State policy.

DPSP and Health 

Article 38 of Indian Constitution imposes liability on State that states will secure a social order for the promotion of welfare of the people but without public health we cannot achieve it. It means without public health welfare of people is impossible. Article 39(e) related with workers to protect their health. Article 41 imposed duty on State to public assistance basically for those who are sick and disable. Article 42 makes provision to protect the health of infant and mother by maternity benefit.

In’the-India the Directive Principle of State Policy under the Article 47 considers it the primary duty of the state to improve public health, securing of justice, human condition of works, extension of sickness, old age, disablement and maternity benefits and also contemplated. Further, State’s duty includes prohibition of consumption of intoxicating drinking and drugs are injurious to health. Article 48A ensures that State shall Endeavour to protect and impose the pollution free environment for good health

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Panchayat, Municipality and Health 

Not only the State, Panchayat and Municipalities are also liable to improve and protect public health. Article 243G says “State that the legislature of a state may endow the panchayats with necessary power and authority in relation to matters listed in the eleventh Schedule”.

Fundamental Rights and Health 

The DPSP are only the directives to the State. These are non-justifiable. No person can claim for Non-fulfilling-these directives. But the Supreme Court has brought the right to health under the preview of Article 21. In 1995, the Supreme Court held that right to health and medical care is a fundamental right covered by Article 21 since health in- essential for making the life of workmen meaningful and purposeful and compatible with personaldignity. The state has an obligation under Article 21 to safeguard the right to life of every person, preservation of human life being of paramount importance. The Supreme Court has in the case of Parmanand Katra vs Union of India, held that whether the patient be an innocent person or be a criminal liable to punishment under the law, it is the obligation of those who are in charge of the health of the community to preserve life so that innocent may be protected and the guilty may be punished.

The Supreme Court, while examining the issue of the constitutional right to health care under Art 21,-Art 41 and Art 47 of the Constitution of India in State of Punjab v/s Ram Lubhaya Bagga, The Supreme Court, in Paschim Banga Khet Mazdoor Samity & others v/s State of West Bengal & others, while widening the scope of art 21 and the government’s responsibility to provide medical aid to every person in the country, held that in a welfare state, the primary duty of the government is to secure the welfare of the of the gov people.

1. Indian Medical Council Act 1956.
2. Indian Medical Council (professional conduct, etiquette and ethics) regulations, 2002
3. Indian Medical Degrees Act.
4. Registration of medical practitioners with State Medical Councils
5. Indian Nursing Council Act 1947
6. Guardians and Wards Act 1890
7. The ICN Code of ethics for nurses
8. The Dentists Act 11948
9. …………………
10. The Dentists (code of ethics regulation) 1976
11. Dental Council of India Regulations 2006
12. AICTE rules of physiotherapy rules.
13. All India Council for Technical Education Act 1987
14. The Apprenticeship Act 1961
15. Rehabilitation Council of India Act, 1992.

Mechanisms, Laws, Institutions and Bodies for Vulnerable Sections 

who are the vulnerable sections? 

Vulnerability refers to the inability to withstand the effects of a hostile environment. And, vulnerable are those who are exposed to the possibility of being attacked or harmed, either physically or emotionally.

1. Women
2. Children
3. OBC. 
4. SC. 
5. ST.
6. Minority.
7. Differently Abled.
8. Senior Citizens. 
9. Victims of Substance Abuse. Or 
10. Unhealthy.
11. Illiterate.
12. Unorganized workers.
13. Poor migrants.
14. People living with HIV/AIDS.
15. Sexual Minorities (LGBT).
16. …………………
17. Poor in general.

Note: Vulnerable sections marked in bold are those who are taken care by Ministry of Social Justice and Empowerment.

Mechanisms to protect the interests of vulnerable sections 

1. Constitution: Various provisions for safeguarding the interests of vulnerable sections.
2. Legislature: Union and State levels: Various bills for vulnerable sections.
3. Executive : Various Ministries under Central and State Governments.
4. Judiciary: For delivering social justice.
5. Decentralized Administration (extending to Panchayati Raj Level to reach vulnerable sections).
6. National and State commissions for vulnerable sections (Like National Commission for Women).

Laws for the development and betterment of vulnerable sections 

Laws about vulnerable sections can be seen in two dimensions.

1. Constitutional
2. Statutory

Constitutional Provisions for Vulnerable Sections 

There are certain constitutional provisions which cover all vulnerable sections (common to all). Also, there are provisions which deals only with specific sections.

Constitutional Provisions relevant to Social Justice & Empowerment as a whole 

1. Preamble.
2. Article 23: Prohibition of traffic in human beings and forced labour.
3. Article 24: Prohibition of employment of children in factories, etc.
4. …………………
5. Article 37: Application of the principles contained in this Part (DPSP).
6. Article 38 State to secure a social order for the promotion of welfare of the people.
7. Article 39 Certain principles of policy to be followed by the State.
8. Article 39A: Equal justice and free legal aid.
9. Article 46: Promotion of Educational and Economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

Constitutional Provisions relating to SCs 

Definition and Specification of SCS. 

1. Article 341: Scheduled Castes.
2. Article 366: Definitions.

Social Safeguards 

1. Article 17: Abolition of Untouchability.
2. Article 25: Freedom of conscience and free profession, practice and propagation of religion.

Educational, Economic and Public Employment-related Safeguards 

1. Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
2. Article 16 Equality of opportunity in matters of public employment.
3. Article 46 Promotion of Educational and Economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
4. Article 320: Functions of Public Service Commissions.
5. Article 335 : Claims of Scheduled Castes and Scheduled Tribes to services and posts.

Political Safeguards

218. …………………
219. Article 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
220. Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
221. Article 334 Reservation of seats and special representation to cease after sixty years.
222. Article 243D Reservation of seats (in Panchayats).
223. Article 243T Reservation of seats (in Municipalities).

Agency for monitoring safeguards 

1. Article 338 National Commission for Scheduled Castes.

Safeguards relating to Educational & Public Employment 

1. Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
2. Article 16 Equality of opportunity in matters of public employment.

Art. 15 (4): “Nothing in this article or in article 29(2) shall prevent the state from making any provisions for the advancement of any socially and economically backward classes of citizens or for Scheduled Castes and Scheduled Tribes.” This clause started the era of reservations in India. You may please note that Art. 15(4) talks about backward classes and not backward castes thus caste is not the only criterion for backwardness and other criteria must also be considered.

Art. 15 (5): This clause was added in 93rd amendment in 2005 and allows the state to make special provisions for backward classes or SCS or STS for admissions in private educational institutions, aided or unaided.

Art. 16(4): This clause allows the state to reserve vacancies in public service for any backward classes of the state that are not adequately represented in the public services.

Art. 16 (4A): This allows the state to implement reservation in the matter of promotion for SCs and STs

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.

Art. 16(4B): This allows the state to consider unfilled vacancies reserved for backward classes as a separate class of vacancies not subject to a limit of 50% reservation.

Agency for Monitoring Safeguards 

1. Article 338: National Commission for Scheduled Castes.

Constitutional Provisions relating to Persons with Disability and the Old 

1. Article 41 Right to work, to education and to public assistance in certain cases.

In Constitution of India, entry 24 in list III of Schedule IV deals with the “Welfare of Labour, including conditions of work, provident funds, liability for workmen’s compensations, invalidity and Old age pension and maternity benefits. Further, Item No. 9 of the State List and Item No. 20, 23 and 24 of the Concurrent List relates to old age pension, social security and social insurance, and economic and social planning.

Article 41 of the Directive Principle of the State Policy has particular relevance to Old Age Social Security. According to this Article, “the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in case of undeserved want.”

Constitutional Provisions relating to Prevention of Substance Abuse 

1. Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

Constitutional Provisions 

Art. 19 A: Education up to 14 yrs has been made a fundamental right. Thus, the state is required to provide school education to children.

In the case of Unni Krishnan vs State of AP, SC held that right to education for children between 6 to 14 yrs of age is a fundamental right as it flows from Right to Life. After this decision, education was made a fundamental right explicitly through 86th amendment in 2002.

Art. 24: Children have a fundamental right against exploitation and it is prohibited to employ children below 14 yrs of age in factories and any hazardous processes. Recently the list of hazardous processes has been update to include domestic, hotel, and restaurant work.

220. …………………

Several PILs have been filed in the benefit of children. For example, MC Mehta vs State of TN, SC has held that children cannot be employed in match factories or which are directly connected with the process as it is hazardous for the children.

In the case of Lakshmi Kant Pandey vs Union of India, J Bhagvati has laid down guidelines for adoption of Indian children by foreigners. [source : legalservicesindia.com]

Art. 45: Urges the state to provide early childhood care and education for children up to 6 yrs of age.

Constitutional Provisions relating to Women 

Art. 15(3): It allows the state to make special provisions for women and children. Several acts such as Dowry Prevention Act have been passed including the most recent one of Protection of women from domestic violence Act 2005.

Art. 23: Under the fundamental right against exploitation, flesh trade has been banned.

Art. 39: Ensures equal pay to women for equal work.  

In the case of Randhir Singh vs Union of India, SC held that the concept of equal pay for equal work is indeed a constitutional goal and is capable of being enforced through constitutional remedies under Art. 32.

Art. 40: Provides 1/3 reservation in panchayat.

Art. 42: Provides free pregnancy care and delivery.

Art. 44: It urges the state to implement uniform civil code, which will help improve the condition of women across all religions. It has, however, not been implemented due to politics. In the case of Sarla Mudgal vs Union of India, SC has held that in Indian Republic there is to be only one nation i.e. Indian nation and no community could claim to be a separate entity on the basis of religion. There is a plan to provide reservation to women in parliament as well.

221. …………………

International Relations 

Syllabus: 

India and its Neighborhood- Relations. Bilateral, Regional and Global Groupings and Agreements involving India and/or affecting India’s interests. Effect of Policies and Politics of Developed and Developing Countries on India’s interests, Indian Diaspora. Important International Institutions, agencies and fora – their Structure, Mandate.

India’s Bilateral Relations 

➤ India Pakistan Relations

India China Relations

➤ India Japan Relations

➤ India Russia Relations

India Bhutan Relations

➤ India Nepal Relations

➤ India Bangladesh Relations

➤ India Srilanka Relations

India Afghanistan Relations

➤ India Myanmar Relations

International Organizations 

➤ Shanghai Cooperation Organisation (SCO)

United Nations Organization (UNO)

➤ International Monetary Fund (IMF)

➤ World Bank (WB)

➤ New Development Bank (BRICS Bank)

➤ World Trade Organization (WTO)

➤ South Asian Association for Regional Cooperation (SAARC)

➤ Association of Southeast Asian Nations (ASEAN)

OPEC, ADB, NAM, NATO

222. …………………

India Pakistan Relations

Hindu ruler Hari Singh tried to negotiate with India & Pak to have an independent status for his state. Since majority population of the state was Muslim, the Pakistan thought Kashmir ‘belonged to them.

On 15th August Harisingh offered standstill agreement with both countries which allowed the free movement of people & goods. Pakistan signed the agreement but India didn’t. Pakistan became impatient & started violating standstill agreement. 24th October Hari Singh demanded military assistance from India. Mountbatten pointed out that under international law India can send its troops only after state signs a formal instrument of accession – on 26th Oct Maharaja signed instrument of accession – ratified in 1954.

On 27th Oct. morning nearly 100 planes airlifted men and weapons to Srinagar. Pakistan army left the main valley region but continue to occupy a large chunk of territory of Gilgit, Baltistan region – Pak occupied Kashmir.

At the same time India lodged complaint against Pakistan for their illegal actions in UN. Instead of getting justice at UN, Western powers backed Pakistan. India also accepted UN resolution on ceasefire in spite of its advantageous position and agreed for plebiscite in Kashmir, which laid down two conditions for holding plebiscite –

Pak should withdraw its forces from the state of J&K

The authority of the Srinagar administration should be restored over the whole state

Above mentioned first conditions was never fulfilled, so there was no plebiscite there.

Meanwhile J&K participated in India’s general elections and then the talk of plebiscite remained irrelevant.

Kashmir conflict didn’t prevent cooperation between governments of India & Pak. Both the governments worked together to restore the abducted women to their original families, a long term dispute of river water sharing was resolved – with world Bank’s mediation and India-Pakistan Indus Water Treaty was signed by Nehru and General Ayub Khan in 1960.

223. …………………

1965 India Pakistan War

India Pakistan Wars 

Pakistan launched armed attacks in the Rann of Kutch area of Gujarat, later it launched bigger offensive in J & K in 1965.

Pakistan thought that this time the local population would support the cause of Pakistan, but nothing of this sort happened.

Meanwhile, in order to ease the pressure from Kashmir front, Shastri ordered Indian troops to launch counter offensive on the Punjab border.

War was won by India, and the hostilities came to an end with UN intervention.

Due to the mediation of Soviet Union, Both the countries signed the Tashkent Agreement [Shastri from India & General Ayub Khan from Pak] in January 1966. Although India won the war, this war added India the economic difficulties.

1971 India Pakistan War 

The internal crisis of Pakistan after the verdict of their general elections turned violent. Ruling party of Zulfikar Bhutto emerged as winner in West Pakistan while in Eastern Part Rahman’s Awani League won with great margins. However, strong and powerful western establishment ignored the democratic verdict and didn’t accept the League’s demand for federation. Instead of responding to their demands and verdict positively, Pak army arrested Rahman and unleashed brutal terror activities and suppressed their voices.

To end this menace permanently, people of Eastern Pak started liberation struggle of Bangladesh from Pak.

Due to the huge influence of refugees from Eastern Pak, India deliberated much and later extended its support to people’s cause materially and morally, which was frowned by Western Pak as Indian conspiracy to break of Pakistan.

The support to Western Pak came from the USA & China to quash the people’s movement.

To ensure its safety from the attacks of American and Chinese backed Pak, India signed 20 year Treaty of Peace and Friendship with the Soviet Union.

224. …………………

Even after much diplomatic deliberations no concrete results could be achieved, and full scale war broke out in 1971 on both the western and Eastern front.

With the support of local population in the form of “Mukti Bahini” Indian army made rapid progress and compelled the Pakistani troops to surrender in 10 days only.

With emergence of Bangladesh as an independent country, India declared a unilateral ceasefire. Later Shimla Agreement of 1972 between Indira Gandhi & Zulfikar Bhutto brought back the peace between two nations.

Kargil War 

After the debacle of 1971 war, Pak army never tried to fight with Indian army directly & started the proxy war by sending the terrorists trained by their secret agencies to create havoc and panic in J & K and India.

In 1999, so called Mujahideens occupied several points on the Indian side of LOC in the Mashkoh, Dras, Kaksar, Batalik.

Suspecting Pak’s hand behind such activities, Indian forces immediately started retaliating to such proxy war which is known as “Kargil conflict”.

This conflict got worldwide attention because of the nuclear capabilities attained by these countries in 1998, which could be used by either side, however nuclear weapons were not used in war, and Indian troops regained their points.

There was huge controversy surrounding this Kargil conflict, that, the then PM of Pak was kept in the dark of such move. Later, the then Pak army Chief General Parvez Musharraf took over as its President.

International Court of Justice stayed the execution of Kulbhushan Jadhav, who was sentenced to death by a Pakistan military court on the charge of spying. The Court said that India should have been granted consular access to Kulbhushan Jadhav as per the Vienna Convention.

India accused Pakistan of violating the Vienna Convention and conducting a “farcical trial” for convicting Jadhav without a “shred of evidence.

225. …………………

Indus Waters Treaty 

The Indus Waters Treaty, brokered by World Bank, was signed by the then-Indian Prime Minister Jawaharlal Nehru and Pakistani President Ayub Khan in 1960.

It administers how Indus River and its tributaries would be utilized.

India governs Beas, Ravi, and Sutlej; Pakistan governs Indus, Chenab, and Jhelum.

However, India is allowed to use 20% of Indus water for irrigation, power- generation, and transportation.

Exchange of information about the rivers through Permanent Indus Commission – comprising of representatives from bothIndia and Pakistan.

Disputes have to be referred to seven member arbitral tribunal called “Court of Arbitration”.

Drawbacks of Indus Water Treaty 

Division of water during the shortage of river water flow.

The impact of storage of water on the Chenab river on Pakistan.

Treaty is criticised being highly technical which leads to far ranging interpretations.

The political situation between India and Pakistan is affecting the performance of treaty.

To resolve the water dispute political will from both the countries is important.

The Technical aspects of the treaty should be answered through bilateral meetings and discussion involving experts from both the countries.

The global warming and climate change is melting the glaciers Tibetan Plateau which will impact Indus river water system in future. Therefore both the countries should aim to reduce water wastage and develop sustainable river development plans.

226. …………………

India China Relations

India & China, both the countries started off on cordial note post independence with signing of Panchsheel. However the relations turned cold post 1962 war which created mistrust between the two countries since then. Both the countries have similar attributes and problems including large population, huge rural-urban divide, rising economy and conflict with neighbours.

Major irritants 

Border Disputes – Share about 3,488-km long border which is yet to be fully delineated.

India supports a Tibetan gov. in exile formed by Dalai Lama, unacceptable to china. China recently opposed to the Dalai Lama’s visit to Arunachal Pradesh, particularly Tawang, which it considers as Southern Tibet.

China began the practice of issuing stapled visa to residents of AP and J & K, though it stopped it for J & K but continues for AP.

China has an undeclared policy of String of Pearls to encircle India, which involves building of ports and naval bases around India’s maritime reaches. While India has been trying to develop closer arrangements with the countries surrounding China viz. Japan, South Korea & Vietnam.

China has been building dams in Tibet part of Brahmaputra. India has objected to it but there has been no formal treaty over sharing of the Brahmaputra water.

China has been blocking India’s attempt to entry to NSG & has also blocked India’s attempt at the UN for sanctions against Jash-e-Mohammad chief Masood Azhar.

India considers building of the CPEC as China’s interference in India’s sovereignty and territorial integrity.

Trade imbalance with the imbalance skewed in China’s favour viz. $46.56 billion in 2016.

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Border Dispute India China 

Western Border Dispute – Johnson’s line shows Aksai Chin to be under Indian control whereas the McDonald Line places it under Chinese control. Line of Actual Control separates Indian-administered areas of J & K from Aksai Chin & is concurrent with the Chinese Aksai Chin claim line. China and India went to war in 1962 over disputed territory of Aksai Chin. India claimed this was a part of Kashmir, while China claimed it was a part of Xinjiang.

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Eastern Border Dispute:

China considers the McMahon Line illegal and unacceptable claiming that Tibet had no right to sign the 1914 Convention held in Shimla which delineated the Mc Mahon line on the map – Thus claims parts of Arunachal Pradesh – India and China have held 19 rounds of Special Representative Talks on the border and there has yet to be an exchange of maps.

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South China Sea Dispute 

New islands were constructed by dredging sand onto reefs, an effort by China to boost its claim to all of the Spratly Islands in the South China Sea. It has also built ports, Runaways and radar facilities on the manmade islands. satellite images of the islands, show that China now appears to have installed large antiaircraft guns and weapons systems as well – Paracel and Spratly islands.

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China rejected an international ruling on the South China Sea as “null and void” and devoid of any “binding force”.

China’s development in the region is seen as threatening to other nations Taiwan, Brunei, Philippines and Malaysia.

About half of the world’s annual merchant fleet tonnage passed through the South China Sea in 2010. Any tension in the region may immensely affect the international trade and economy.

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China has demonstrated a desire to control all of the passage through what it considers its sphere of naval power. This predilection is in direct opposition to the U.S.-backed global standard of free passage through the high seas.

India has made it clear that it recognised that the tribunal had been set up within the jurisdiction of the UN’s Convention on the Law of the Sea (UNCLOS) that must be given the “utmost respect”. As part of a soft-diplomacy effort, India is looking to have South China Sea countries such as Vietnam, Malaysia and Philippines use the tsunami early warning-system developed by India.

Doklam Plateau Face-off 

Indian troops intervened to block the path of Chinese People’s Liberation Army soldiers engaged in building road-works on the Doklam plateau, a strategically vital 269 sq. km. patch of Bhutan’s territory that Beijing laid claim to.

This is the first time that India used troops to protect Bhutan’s territorial interests.

Earlier China have made Bhutan a “package deal” under which the Chinese agreed to renounce their claim over the 495-sq.-km disputed land in the Northern Bhutan, in exchange for disputed land of Doklam plateau.

India’s concern 

The construction of a new road through the Chumbi valley would further endanger the “Chicken’s Neck” – the narrow Siliguri corridor links the north-east with the rest of India.

India has conveyed to the Chinese government that the latter’s construction of road in the disputed Doklam area ‘would represent a significant change of status quo with serious security implications for India.’

India is vulnerable in this corridor as it is the only access point to the northeast. The Corridor is about 500 km from the Chumbi Valley.

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Chinese reaction 

Following the tensions, Chinese authorities have closed the Nathu La pass to Kailash Mansarovar pilgrims.

China served notice on India to withdraw its forces, as a precondition for a “meaningful dialogue” – unacceptable to India, unless the PLA also withdraws its troops and road-building teams.

China has long desired an independent Bhutanese stand without Indian advocacy and interference on the boundary issue. Chinese academia often dubbed India’s interference as hegemony in South Asia.

By challenging Bhutanese security, Beijing hoped to put a strain on the India- Bhutan “special relationship”.

India & China Mutually Disengaged Their Troops 

The end of Dokalam standoff is a huge political, diplomatic & moral victory for India. It will contribute to raising the stature of the country. The fact that the Indian government stayed steadfast and resolute in the face of extreme provocation, speaks volumes of the determined and decisive approach of the present government.

The episode has significantly established the image of India as a responsible, decisive and reliable actor on the global scene.

The episode has contributed to further strengthen relations between India and Bhutan. The message to India’s neighbourhood is also positive and reassuring.

However India and China should not see Doklam in terms of point-scoring but rather as a warning of the need for extending their border management framework across other borders as well.

Stronger economic and commercial partnership between the two countries can be a win-win scenario for both the countries if China removes its non-tariff barriers against Indian products and services.

India must necessarily “hope for the best, and prepare for the worst”, when it comes to tensions with its northern neighbour.

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Deterioration of India-China relation 

Delhi has expressed disappointment over China’s rejection of its concerns on sovereignty issues, and refusal to corner Pakistan on cross-border terrorism or help India’s bid for NSG membership.

In turn, India’s spurning of the OBOR Initiative and cooperation with U.S. on maritime issues has not played well in China.

Dalai Lama visit to Tawang was strongly protested by China – it accused India for fuelling secessionist in Tibet.

India is also working with Japan, South Korea and the US to contain China’s power in the Indian Ocean provoking China.

Cooperation between India and China 

Both members of BRICS, which is now establishing a formal lending arm, the New Development Bank.

India, a founding member of the China-backed Asian Infrastructure Investment Bank.

China welcomed India’s full membership of Shanghai Cooperation Organization.

Both countries have advocated democratization of international institutions such as World Bank, IMF

China and India have similar stand during WTO negotiations.

China and India, being the main targets of criticism by the US and its friends, have so far successfully coordinated their strategies in the environmental summits.

Way forward for India 

Necessary to build up economic and security capabilities and begin to close the power gap with China.

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India’s foreign policy formulations on China and Pakistan need no longer be considered as separate instead one hyphenated strategic entity.

Time for India to join hands with Japan, US and EU to promote alternatives to Chinese economic exploitation.

India should aggressively pursue ‘Cotton Route’, Project Mausam and Spice Route to strengthen economic ties between countries in the Indian Ocean rim.

Bring into action planned strategic Asia Africa Growth Corridor with the help of Japan.

Most of its neighbours have been adept at playing the “China card” against India’s alleged “hegemony”, and China has been quick to exploit this to its advantage. Its strategy has been to bottle up India in the subcontinent, but India can defeat this strategy of China by mending fences with the neighbours and by convincing them that it has no hegemonic ambition.

India Japan Relations 

adem 

Motivated primarily by shared concerns about China – developing a closer defence partnership defined by regular maritime exercises and high level political consultations.

Complementarities between the two countries. 

Japan’s ageing population and India’s youthful dynamism.

India’s rich natural and human resources and Japan’s advanced technology.

India’s prowess in services and Japan’s excellence in manufacturing.

Japan’s surplus capital for investments and India’s large and growing markets & middle class.

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 Cooperation from Japan 

Japan has been extending bilateral loan and grant assistance to India since 1958. Japan is the largest bilateral donor to India in priority areas like power, transportation, environmental projects & Infra development.

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New Delhi metro network.

Western Dedicated Freight Corridor.

Delhi-Mumbai Industrial Corridor.

Chennai-Bengaluru Industrial Corridor.

Agreement for Cooperation in the Peaceful Uses of Nuclear Energy.

To build upon cooperation in the field of smart cities.

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Modernisation and expansion of conventional railway system in India.

Consolidation of security and defence cooperation.

MOU between JAXA and ISRO concerning Cooperation in the Field of Outer Space.

A dedicated task force having representatives of both countries for phased transfer of technology for success of Make in India.

India Japan Civil Nuclear Deal, 2016 

Enables Japan to export nuclear power plant technology as well as provide finance for nuclear power plants in India.

Now Companies involved in nuclear reactor programme of India can source the most critical equipment in a reactor — Steel reactor vessel from Japan.

A major achievement for India as it is Japan’s first civilian nuclear cooperation pact with a country that has not signed the nuclear NPT.

The agreement confirms India’s position in front of the world as a responsible nuclear nation which uses nuclear energy peacefully.

Will boost India’s strategy to pursue a low-carbon growth model in decades to come.

Asia Africa Growth Corridor 

Indian and Japanese governments unveiled a vision document for the Asia Africa Growth Corridor.

It is an attempt to create a “free and open Indo-Pacific region” by rediscovering ancient sea-routes and creating new sea corridors that will link the African continent with India and countries in South-Asia and South-East Asia.

Japan’s contribution to the project will be its state-of-the-art technology and ability to build quality infrastructure, while India will bring in its expertise of working in Africa.

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India Russia Relations

India’s Concerns With Russia 

Once “special and privileged strategic partnership” – present tilt towards China which has border disputes with India & close ties with Pakistan. Russia is also growing relations with Pakistan as it held its its first ever military exercises with Pakistan.

Divergences between New Delhi and Moscow on terrorism emanating from Pakistan and Afghanistan.

Russia did not back India’s demand to name two Pakistan-based terror groups as perpetrators of terrorism against India last year at the Goa BRICS summit.

 Russia favouring a role for the rebel Taliban in a future Afghanistan On the other hand, Russia has been concerned at the rapidly warming ties between India and the US including the recent signing of a military logistics agreement.

Importance of India for Russia 

A market for its goods to bypass Western sanctions imposed after its power push in Ukraine.

India is a natural partner for Russia & have been tried & tested in tough situation like Ukraine Crisis.

India still remains the biggest importer of defence equipment from Russia.

India is still a vast market for Russian energy resources & hydrocarbons.

Despite its renewed friendship with China, Russia will soon find itself in competition with it as Beijing regards itself as the new G2 along with the US. India can help provide the multi-polarity that Russia fiercely seeks.

Importance of Russia for India 

It can meet its abundant energy requirements at a cost-effective price.

India still needs to collaborate with Russia to master future technology in defence & space.

India needs support of Russia to pursue nanotechnology on grand scale; an expertise of Russia worldwide.

It improves India’s bargaining power when it negotiates arms sales with the West Geopolitically, Russia continues to be a balancing force against China & Pakistan in our region.

Russia can be a major market for Indian industry such as pharmaceuticals, manufactured goods, dairy products, bovine meat and frozen seafood.

Joint projects on exploration and exploitation of hydrocarbons in the Arctic shelf of Russia.

Support for India’s bid for permanent membership in UNSCI and NSG.

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Russia- Pakistan Relations 

Pakistan after independence joined western military block by signing SEATO & CENTO, thus making Pakistan and Russia Cold War rivals. However, only recently in 2014 Russia lifted its self-imposed arms embargo on Pakistan and signed a landmark military cooperation agreement.

Both the countries share a common threat i.e. Islamic State of Iraq and Levant.

Increased coordination on combating Narcotic Trade.

Handing over of Chechen Terrorist by Pakistan to Russia.

Pakistan has offered Russia to use the new Gwadar port.

Russia which currently faces several sanctions after its aggression in Ukraine, is set to find new market for its defence equipment in Pakistan.

Russia understands Pakistan’s crucial role in establishing resolving civil war in Afghanistan through dialogue with Taliban.

Russia’s change in stance is evident of its re-energised role in Afghanistan. It can be seen as a positive step towards establishing peace in the neighbourhood. However, India should explore other sector of cooperation with Russia such as pharmaceuticals, agriculture, food processing etc. to improve its trade prospects. The General Framework Agreement for Kundankulam is still pending, India should move fast to safeguard its energy needs. Changing Geo-Political situation across Asia makes it important for India to balance its ties between US and Russia well, to maintain its leadership role in South- Asia.

India Bhutan Relations 

Bhutan- India relations are governed by a friendship treaty (1949) that was renegotiated in 2007, freeing Thimphu’s external relations & arms import permission from Delhi, but still subjecting the Himalayan nation’s security needs to supervision.

Under the 2007 India-Bhutan Friendship Treaty, the two sides have agreed to “cooperate closely with each other on issues relating to their national interests” + Neither Government shall allow the use of its territory for activities harmful to the national security and interest of the other.

India is Bhutan’s largest trading partner -Bhutan sources the majority of its import requirements from India.

One-third of Bhutan’s exports to India is electricity, highly valuable for India.

Free trade regime between the two countries.

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India has been providing financial assistance to Bhutan’s five-year development plans since 1961.

Hydro-electric power generated by Bhutan’s river dams is economic bedrock of the India-Bhutan relationship.

India has helped finance the dams through a combination of aid & loans and buys the excess electricity at very low prices.

Importance of Bhutan 

Buffer state between India and china

Strategic Importance – Chumbi Valley is situated at the trijunction of Bhutan, India and China and is 500 km away from the “Chicken’s neck” in North Bengal, which connects the northeast with rest of the country.

Bhutan in past has helped India to contain insurgency in North-East by flushing out militants groups like NDFB & ULFA.

Only country in the region that joined India in its boycott of Chinese President OBOR project.

China is interested in establishing formal ties with Thimphu, where it does not yet have a diplomatic mission. Bhutan is strategically important for both India and China.

BBIN Initiative 

Bangladesh, Bhutan, India and Nepal (BBIN) motor vehicle agreement, for streamline movement of passenger and cargo transport, was rejected by the upper house of the Bhutanese Parliament.

Reasons Given 

Streamline movement of passenger & cargo transport will overwhelm Bhutan with traffic, tourists & pollution.

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BBIN MVA is not much of help to Bhutan in economic development as Bhutan’s trade is mostly with India & both nations already allow free movement of vehicles across their border.

Significance of BBIN for India 

Significance for its neighbourhood diplomacy.

Would have paved the way for a seamless movement of people and goods across their borders for the benefit and integration of the region and its economic development.

India’s plan to single out Pakistan by implementing the pact has suffered a jolt by Bhutan rejection.

India has asked the Bhutanese government to reconsider the pact. However, the reconsideration can be done only after a year, as per the procedure there.For the time being, it has been decided that the pact will be implemented only amongst those countries which have ratified it- India, Bangladesh and Nepal.

India Nepal Relations 

The relationship between the two countries is bound by history, geography, economic cooperation, socio-cultural ties and people-to-people relations. As close neighbours, India and Nepal share a unique relationship of friendship and cooperation characterized by open borders and deep-rooted people-to-people contacts of kinship and culture.

Significance of Nepal for India 

Nepal is a buffer state between India and China.

Nepal shares a long open border with India. There is alleged link between Naxalites and Maoist in Nepal.

Socio-economic development of bordering states especially Bihar and Uttar Pradesh.

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 To check the growing influence of china in Nepal. Chinese are planning to construct road and rail link as part of silk route project.

Nearly 30 lakh Nepalis (some 10% of Nepal’s population) are employed in India; this includes some 50,000-60,000 soldiers.

Major Irritants 

Nepal has accused that India is interfering in its internal political matters.

India is worried about Nepal growing close relation with China.

OBOR has a blueprint of connecting Nepal with the Eurasian transport corridor.

Nepal had signed Transit agreement with China mainly aimed at reducing Nepal’s overwhelming economic dependence on India.

There is a set pattern of the Kathmandu regime using the China card whenever it runs into difficulties with its own people and India lends support to the Nepali people’s cause.

Nepal-India tensions spiked last year with the promulgation of a constitution that was perceived as non-inclusive of ethnic Madhesi and Tharu groups. For almost six months there was blocked in India-Nepal border. Nepal government called it an undeclared blockade by India it systematically raised the anti-Indian nationalism sentiment; and it tried to cozy up to China and use it as an alternative source of supplies; particularly those related to transit through China and rail and road it through China and rail and road connectivity between Nepal and China..

India refuted those allegations, stressing that the border tensions were caused by the Madhesi parties and were the outcome of internal protests in Nepal. India also accused Nepal of stoking ‘anti-India’ sentiment and has been irritated about Nepal’s attempt to use the ‘China card’.

Nepal is a challenge for Indian government not only for the China factor but also for how to deal with its ethnic question- the controversy between the Nepali & Madhesi (Indian origin Nepalese of the Terai region) identities.

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India Bangladesh Relations 

India’s links with Bangladesh are civilizational, cultural, social and economic – a shared history and common heritage, linguistic and cultural ties, passion for music, literature and the arts.

Importance of Bangladesh for India 

Bangladesh’s location is a strategic wedge between mainland India and NE seven states. Each of these states is land-locked and has shorter route to the sea through Bangladesh. Transit agreement with Bangladesh will spur the socio-economic development of North-East India.

Bangladesh is a natural pillar of ActEast policy. It can act as a ‘bridge’ to economic and political linkages with South East Asia and beyond.

To contain insurgency in North-East-Ensuring that no anti-India terror or insurgent activities can be carried out from its soil.

A ‘neutral’ Bangladesh also ensures containment of an assertive China in this region.

Major Irritants with Bangladesh 

Illegal migration since the 1971 war of independence of Bangladesh.

Border Management: The Indo-Bangladesh border is notorious for smuggling, apart from trafficking in arms, drugs and people.

Bangladesh uses China card to supplement its bargaining capacity against India.

Water-sharing: India- Bangladesh share 54 trans-boundary rivers – Major irritant is sharing water of river Teesta.

Water Sharing Disputes 

Ganga River Dispute 

In 1996, the sharing of the Ganga waters was successfully agreed upon between the two nations.

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However, the major area of dispute has been India’s construction and operation of the Farakka Barrage to increase water supply to the river Hooghly.

Bangladesh complains that it does not get a fair share of the water in the dry season and some of its areas get flooded when India releases excess waters during the monsoons.

Barak River Contension 

Bangladesh has been demanding to stop the construction of the Tipaimukh Hydro- Electric Power Project on the Barak River on the eastern edge of Bangladesh. e eastern edge of Bangladesh.

Bangladesh says that the massive dam will disrupt the seasonal rhythm of the river and have an adverse effect on downstream agriculture, fisheries and ecology of the region.

Teesta River Dispute 

Teesta river is a major source of irrigation to the paddy growing greater Rangpur region of Bangladesh.

Bangladesh has sought an equitable distribution of Teesta waters, on the lines of Ganga Water Treaty of 1996.

In 2011 India and Bangladesh finalized an arrangement, by which India would get 42.5% and Bangladesh 37.5% while remaining 20% would flow unhindered in order to maintain a minimum water flow of the river.

This agreement was not signed due to opposition from chief minister of West Bengal.

Teesta River Agreement Importance 

The deal will help New Delhi get more political leverage, which, it thinks, is necessary to check the rising influence of an extra regional power – China – in the Bay of Bengal region.

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India’s perceived refusal to give Bangladesh its share of the river waters has fuelled a lot of anti-India sentiments in Bangladesh. India is being accused of being a regional bully.

For Sheikh Hasina, the deal will support her chances to retain power in the 2018 general elections in Bangladesh – Pro India

On the Teesta River, Indian PM reiterated government’s strong resolve to conclude the water sharing treaty. However, the central government is not willing to go ahead with the agreement without taking West Bengal CM on board.

Recent Development in Relations 

Land Boundary Agreement – Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves’ 100th Amendment Act paves the way for the operationalization of the 1974 India- Bangladesh Land Boundary agreement. Under the Agreement (LBA), 111 border enclaves will be transferred to Bangladesh in exchange for 51 that will become part of India.

Power agreement and internet service – India will supply 100 megawatt (MW) of electricity in return for 10 Gigabits per second Internet bandwidth to North East.

Sundarban Moitry – A joint exercise between Border Security Force (BSF) and Border Guard Bangladesh (BGB).

Border Haats on India-Bangladesh Border.

ICT enabled Integrated Check Post to enable greater economic integration and significantly improve the connectivity between India and Bangladesh.

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 India Sri Lanka Relations 

India is Sri Lanka’s closest neighbour that has ethnic links to its most significant minority. India has a huge influence in the island nation’s political, economic, social and cultural consciousness, and its world view.

Major Irritants 

Fishermen Issue – Both countries are separated by the International Maritime Boundary Line. Often, fishermen from both sides cross over to other side for fishing expeditions – results in arrests &, sometimes, shootings.

Sri Lanka accuses Indian fishermen of straying into its territorial waters, while the latter maintain they are only fishing in their traditional areas, especially around Katchatheevu, an islet ceded to Colombo in 1974.

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Katchatheevu Island – One of the major reasons complicating the issue is of Katchatheevu Island which India ceded to Sri Lanka in 1974 under a conditional accord. In 2009, the Sri Lankan government declared Katchatheevu Island as sacred land owing to a Catholic shrine’s presence on the piece of land.

India stands for a “united Sri Lanka”, but wants an “early and full implementation of the 13th Amendment” that provides for devolution in the Tamil majority Northern and Eastern provinces.

Sri Lanka is part of China’s Maritime Silk Road. China is also modernizing Hambantota port in Sri Lanka.

Sri Lanka has decided to clear the stalled $1.4 billion Colombo Port City, which had China as a partner.

For Fisherman issue Indian Navy or Coast Guard should join the Sri Lankan Navy in jointly patrolling the international boundary to prevent trespassing.

Cooperation Fields 

India is Sri Lanka’s largest trading partner globally.

India-Sri Lanka Free Trade Agreement of 1998 was followed by efforts towards a Comprehensive Economic Partnership Agreement (CEPA) to liberalise trade in services and investment starting in the mid-2000s.

India to assist Sri Lanka in the enhanced usage of Natural Gas.

Joint investments in the development of Port, Petroleum Refinery and other industries in Trincomalee.

India and Sri Lanka signed a civil nuclear cooperation agreement, the first such deal signed by Sri Lanka with any foreign country, reflecting the new Lankan government’s pro-India approach.

To encourage Indian companies to invest in a Container Terminal in Colombo Port, considering that majority of transhipment in Colombo Port is related to India.

Sampoor project: 500-MW Sampoor thermal power project, a joint venture involving Sri Lanka and India, was granted environmental clearance.

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While New Delhi’s anxiety over Chinese presence might be justified, it should avoid using China lens to view Sri Lanka, respecting the country’s autonomy to engage with any willing partner. The more India treats Sri Lanka as an equal partner, the stronger the relationship is likely to grow.

India Afghanistan Relations 

India & Afghanistan have a strong relationship based on historical & cultural links. Since time immemorial, people of Afghanistan and India have interacted with each other through trade and commerce, peacefully coexisting on the basis of their shared cultural values and commonalities.

In 1999, India became one of the key supporters of the anti-Taliban Northern Alliance.

In 2005, India proposed Afghanistan’s membership in the SAARC.

Recently, Prime Minister Narendra Modi was conferred with Afghanistan’s highest civilian honour, the Amir Amanullah Khan Award.

India has been favouring an Afghan led and Afghan-owned peace process.

India’s Contribution 

India is the sixth largest donor to Afghanistan in diverse development projects -nor to Afghanistan in d education, agriculture, infra.

India has contributed close to $ 2 billion untied funds in infrastructure development in Afghanistan.

Zaranj to Delaram road project for facilitating movement of goods and services to the Iranian border.

220kV DC transmission line from Pul-e-Khumri to Kabul.

Construction of Afghan-India Friendship Dam (Salma Dam) in Herat province.

Construction of Afghan Parliament.

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Afghanistan is gateway to energy rich central Asia & situated at crossroads between South Asia & Middle Eas.t

Afghanistan has significant oil and gas reserves and has rich source of rare earth materials.

Stable government in Kabul is essential to reduce terror activities across south Asia & in J & K.

India was the first country Afghanistan chose to sign a strategic partnership agreement with, despite the U.S. and Pakistan keen on doing so.

India donated three Mi-25 attack helicopters to Afghanistan as part of the bilateral strategic partnership to counter the Taliban.

The massive reconstruction plans for the country offer a lot of opportunities for Indian companies.

It has also signed the TAPI pipeline project that aims to bring natural gas from Turkmenistan through Afghanistan and Pakistan to India.

In the absence of transit route through Pakistan, India depends on other countries, including Iran, to send goods to Afghanistan even though it increases time and costs for Indian exporters.

Hence, Recently India and Afghanistan inaugurated a dedicated air freight corridor service. It will provide Afghanistan, a landlocked country, greater access to markets in India.

India is also cooperating with Afghanistan and Iran for development of the Chahbahar Port which provides an alternative route to Afghanistan and Central Asia.

India hosted the 6th Ministerial Conference of Heart of Asia at which the Amritsar Declaration was adopted. It called for immediate elimination of terrorism to help Afghanistan in its political and economic transition.

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Global Conference on Afghanistan in Russia 

To discuss ways of ending conflict in Afghanistan and establish durable peace.

Moscow invited Iran, Pakistan, India, China and five Central Asian States.

Russia’s pursuit of “great power” status + growing concern over terrorism and narcotic drugs pushed it to enter the Afghan conflict.

Russia believes the Taliban is a “legitimate stakeholder” in the conflict that must be engaged,& and is “lesser evil” than Islamic State/Da’esh forces in Afghanistan; & established links with the Taliban to coordinate efforts against Daesh in Afghanistan.

By supporting the Taliban, Russia intends to strengthen barriers to US interests in the region. Moreover Russia also reminds the West not to ignore Moscow’s interests in discussions of the Afghanistan agenda at regional & international platforms.

Chinese interest in Afghan reconciliation stems not only from a security/terrorism angle but also more significantly to ensure the sustainability of OBOR given its importance in providing access to Central Asia.

India supports an Afghan led and Afghan owned national reconciliation process within the framework of the Afghan constitution.

India took a hard line, opposing the dominant view from Russia, China and Pakistan to involve the Taliban in reconciliation efforts.

Russia’s support to the Taliban will have numerous implications for the future of Afghanistan. It will weaken the central government in Kabul, which may result in the situation like Syria.

India Myanmar Relations 

India and Myanmar have traditionally had much in common, with cultural, historical, ethnic and religious ties, in addition to sharing a long geographical land border and maritime boundary in the Bay of Bengal.

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Importance of Myanmar for India

Cultural, historical, ethnic and religious ties.

To tackle insurgency in North-East – “a large number of cross- border ethnic groups and insurgents from Northeast India have military bases in Myanmar.

For Economic development of North-East – Act east policy – Myanmar lies at tri-junction of east, southeast and south Asia.

Strategically important to India as it is the only ASEAN country that shares a border with India.

India is eying Myanmar’s abundant oil and natural gas” reserves to meet her energy requirements.

Myanmar, a rapidly growing economy, offers significant opportunities for trade in goods and services, investment and project exports.

ASEAN + BIMSTEC +Mekong Ganga Cooperation – Forum they share together.

In addition to a land border, both countries also share a long maritime boundary in the strategically significant Andaman Sea and Bay of Bengal where they face common challenges, which include not just a rising China but illegal fishing and smuggling.

Kaladan Multi-Modal Transit Transport Project 

The project will connect the seaport of Kolkata with Sittwe seaport in Myanmar by sea; it will then link Sittwe seaport to Lashio in Myanmar via Kaladan river boat route & then from Lashio on to Mizoram in India by road transport.

Will reduce distance from Kolkata to Mizoram by approximately 1000 km and cut travelling time to 3-4 days for transport of goods.

Necessary in case of any conflict with China as present route i.e. chicken neck could be blocked by China in conflict situation.

The access to the sea that the project provides its Northeastern states could boost their economies.

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It would strengthen India’s trade and transport links with Southeast Asia.

It will be instrumental for “act-east policy.”

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India-Myanmar-Thailand trilateral highway 

India’s renewed commitment to complete the 3,200-km India-Asean trilateral highway that extends from Moreh in India to Mae Sot in Thailand via Mandalay, Myanmar.

Concern 

Discontent over continuing delay in completion of flagship projects.

Kaladan and India-Myanmar-Thailand trilateral highway – Conceived over a decade back, they are scheduled to be completed by 2019.

In addition to a land border, both countries also share a long maritime boundary in the strategically significant Andaman Sea and Bay of Bengal where they face common challenges, which include not just a rising China but illegal fishing and smuggling.

Rohingya Muslims Issues 

More than one million people in Myanmar identify as Rohingya, a predominantly Muslim group living mainly in Rakhine State on the country’s western coast. These people lack documentation to satisfy the constitutional requirement that their ancestors settled in the country before 1823.

250. …………………

Since 2016 Myanmar’s army has carried out “clearance operations” in the north of the western state to root out insurgents accused of deadly raids on police border posts.

UN human rights office said that Myanmar’s security forces had committed mass killings and gang rapes of Rohingya Muslims and burned their villages.

Impact 

Many Rohingya have fled to neighbouring Bangladesh, alleging rape, murder and torture at the hands of security forces. A large number of those escaping the violence end up in the trafficking networks.

The persecuted Rohingya Muslims are likely to provide fertile recruiting grounds for extremists.

Bangladesh fears that Islamist hard-liners, who staunchly support the Rohingya Muslims, are trying to exploit the situation for their political benefits.

Some sections of the Rohingyas have formed armed guerilla groups in Rakhine to fight Myanmar’s Army and operate along the mountainous border.

Despite Myanmar’s transition towards democracy, the country’s government refuses to address the issue.

The Rohingya crisis is a political issue in Myanmar. The ultimate solution lies in the granting citizenship and ensuring equal rights in their ancestral home. Until a permanent solution is found in Myanmar, it is the responsibility of refugee hosting countries, including Bangladesh, to ensure that Rohingya people can live with basic human rights and dignity.

International community needs to play more proactive role in resolving present crisis. Due to lack of economic interest in Myanmar, western world is not very enthusiastic to resolve the crisis and deals it as internal problem of Myanmar.

251. …………………

Importance of India’s Membership for SCO 

SCO will now represent over 40% of humanity and nearly 20% of the global GDP. Experts say India’s inclusion may even bring down Beijing’s overarching influence over the SCO. India, as the largest economy in southern Asia, has much more to offer for the economic development of Central Asian countries. India’s inclusion expands the influence of the organisation in international and regional affairs in various fields, especially in security, geopolitics and the economy.

Importance of SCO’s membership for India 

will strengthen India’s position in Central Asia.

Greater access to major gas and oil exploration projects in Central Asia.

Greater cooperation in dealing with terrorism as well as on issues relating to security and defence in the region.

A platform for India to engage Pakistan in a wider regional setting & help boost anti-terrorism cooperation.

Challenges 

Presence of both India and Pakistan can limit the effectiveness of SCO as has been the case with SAARC.

On the issue of terrorism China and India have different attitude vis a vis Pakistan, hence SCO membership might not help India in addressing concern in this context.

India is the only country in SCO who has not joined OBOR. In all likelihood, China would use the SCO as a vehicle to promote its massive connectivity and infrastructure project, and put more diplomatic pressure on India.

The vision of SCO shared by Russia and China involves a ‘new order’, clearly aimed at the West. As a result, the SCO has been often called the “Anti-NATO”, meant to counterbalance U.S. and Europe power structures. It would seem incongruous to reconcile this with India’s close military ties with the U.S.

252. …………………

United Nations Organization (UNO) 

An intergovernmental organization established on 24 October 1945 to promote international co-operation.

As a replacement for the ineffective League of Nations, the organization was created following the Second World War to prevent another such conflict.

At its founding, the UN had 51 member states committed to maintain international peace and security, developing friendly relations among nations and promoting social progress, better living standards and human rights; now there are 193.

The Norwegian Foreign Minister, Trygve Lie, was elected as the first UN Secretary-General.

Headquarter : New York

Official Languages: Arabic, English, French, Chinese, Spanish, Russian.

Members: 193 (Latest Member South Sudan)

Secretary General: Ban Ki Moon

Emblem: Map of world b/w 2 olive branches (In white n Blue color)

The UNO has 4 main purposes 

To keep peace throughout the world.

To develop friendly relations among nations.

153. ……………………. 

To help nations work together to improve the lives of poor people, to conquer hunger, disease and illiteracy, and to encourage respect for each other’s rights and freedoms;

To be a center for harmonizing the actions of nations to achieve these goals.

Principle Organs of UNO 

(Photo)

General Assembly (New York) 

Composed of all United Nations member states, the assembly meets in regular yearly sessions, but emergency sessions can also be called.

Led by a president, elected from among the member states on a rotating regional basis, & 21 vice-presidents.

Major work area of General Assembly consists of:

Election of members to other UN organs.

154. ……………………. 

Admission, suspension, and expulsion of member states.

Budgetary matters by majority of votes i.e. 2/3rd of the members present & voting.

Make recommendations on any matters within the scope of the UN, except matters of peace and security that are under consideration by the Security Council.

Elects the non-permanent members of the UNSC; all members of ECOSOC; the UN Secretary General (following proposal by the UNSC); and the fifteen judges of the International Court of Justice (ICJ).

Security Council (Policemen of the world) (New York)

Charged with maintaining peace and security among countries.

While other organs of the UN can only make “recommendations” to member states, the Security Council has the power to make binding decisions on member states.

5 permanent members (Veto power) + 10 Non-permanent for 2 years.

The five permanent members hold veto power over UN resolutions, allowing a permanent member to block adoption of a resolution, though not debate.

The ten temporary seats are held for two-year terms, with member states voted in by the General Assembly on a regional basis.

The presidency of the Security Council rotates alphabetically each month.

Secretariat (New York) 

Headed by Secretary-General who acts as the de factospokesperson and leader of the UN.

Secretary-General is appointed by General Assembly, after being recommended by the Security Council.

Carries out tasks as directed by the Security Council, the General Assembly, the Economic and Social Council, and other UN bodies.

155. ……………………. 

International Court of Justice (The Hague, Netherland) 

Composed of 15 judges who serve 9-year terms; appointed by the General Assembly.

Every sitting judge must be from a different nation.

Hear cases related to war crimes, illegal state interference, ethnic cleansing, and other issues.

ICJ’s primary purpose is to adjudicate disputes among states.

Economic and Social Council (New York) 

Assists the General Assembly in promoting international economic and social co- operation and development.

Has 54 members, which are elected by the General Assembly for a three-year term.

The president is elected for a one-year term and chosen amongst the small or middle powers represented on ECOSOC.

International Monetary Fund (IMF) 

Bretton Woods 

Bretton Woods is a place in New Hampshire State of USA, just like BASEL is a city in Switzerland.

In 1944, President Roosevelt hosted a conference here, to rebuild the world economy, after Second World War.

Delegates of 44 allied nations came to participate (India was represented by Sir D. Deshmukh, the first Indian Governor of RBI).

Officially known as United Nations Monetary and Financial Conference, commonly known as Bretton Woods because of the place where it was held.

156. ……………………. 

This conference resulted into creation of four important organizations viz. 

IMF (International monetary fund).

World Bank.

GATT (General Agreement on Trade and Tarrif) – later becomes WTO in 1995.

Fixed Exchange Rate system (Discarded in 1970s).

Key Players in this meeting 

US President Franklin D Roosevelt.

UK Prime Minister Winston Churchill.

Harry Dexter White, S. Treasury.

John Maynard Keynes, UK treasury.

International Monetary Fund 

HQ – Washington.

Official language – Chinese, English, French, Russian, Spanish, Arabic.

Formally created in 1945 by 29 member countries.

Stated goal was to assist in the reconstruction of world’s international payment system post World War II.

Countries contribute funds to a pool through a quota system from which countries with payment imbalances temporarily can borrow money and other resources.

Organization’s objectives as stated in the Articles of Agreement 

To promote international economic co-operation.

To promote international trade.

157. ……………………. 

To promote employment and exchange-rate stability.

Make financial resources available to member countries to meet balance of payments needs.

Upon initial IMF formation, its two primary functions were:

To oversee the fixed exchange rate arrangements between countries.

To provide short-term capital to aid balance of payments.

IMF’s role was fundamentally altered after the floating exchange rates post 1971. 

Shifted to examining the economic policies of countries.

Researched what types of government policy would ensure economic recovery.

Its function became of surveillance of the overall macroeconomic performance of its member countries.

Now manages economic policy instead of just exchange rates + Promotes international trade.

Publishes surveys on world economy → World Economic Outlook.

IMF Quota & Voting Rights 

Quotas was assigned to member countries reflecting their relative economic power and credit deposit of IMF.

Subscription was to be paid 25% in gold or currency convertible into gold (effectively the dollar, which was the only currency then, still directly gold convertible for central banks) and 75% in the member’s own currency.

Members were provided voting rights in proportion to their quota, hence member countries with higher quota have a higher say at IMF.

158. ……………………. 

Special Drawing Rights 

Special drawing rights (SDRs) are supplementary foreign exchange reserve assets defined and maintained by the International Monetary Fund (IMF).

SDR is not a currency, instead represents a claim to currency held by IMF member countries for which they may be exchanged.

The value of an SDR is defined by a weighted currency basket of four major currencies: the US dollar, the euro, the British pound, the Chinese Yuan and the Japanese yen.

Central bank of member countries held SDR with IMF which can be used by them to access funds from IMF in case of financial crises in their domestic market.

Reverse Tansche 

A certain proportion of a member country’s quota is specified as its reserve tranche.

The member country can access its reserve tranche funds at its discretion, and is not under an immediate obligation to repay those funds to the IMF.

Member nation reserve tranches are typically 25% of the member’s quota.

Given its unequal voting power mechanism, IMF doesn’t always serve the interests of poor & developing countries, hence requires two set of reforms. 

IMF reform in quota 

IMF Executive board decides the Quota of each member based on various parameters including GDP & tariff barriers.

Higher quota gives higher voting rights and borrowing permissions, But formula is designed in such way US has ~18% quota, G7 collectively own >40% while India and Russia have barely ~2.5% each.

159. ……………………. 

BRICS, G20 and emerging market economies are against this scheme especially after Subprime crisis and declined economic strength of USA & G7.

2010: Board decided to increases quota of developing countries albeit mainly by decreasing the quota of poor countries.

Problem: 70% votes required to implement this reform, not 70 nations, & the nations who collectively own 70% quota- USA, Germany, Japan etc. Hence quota reform is pending.

IMF reform in governance 

Currently in Executive board, 5 out 24 directors are permanently decided by five largest quota holders.

2010: new reforms proposed: Board composition will be reviewed every 8 years + all directors to be elected, no permanent chairs.

Problem: Requires 85% votes in favor, hence governance reform is pending as well.

World Bank (WB) 

HQ – Washington.

Set up in 1944 with a charter to drive post-World War II reconstruction.

Officially known as IBRD (International bank for reconstruction and r reconstruction and Development).

Provide long term soft loans to rebuild the third world (Soft loans → interest rate is very low).

The official goal or mission of the World Bank is reduction of poverty.

Aim – Promotion of foreign investment and international trade + Facilitation of capital investment.

260. ………………………

World Bank Consists of Two Institutions viz. 

No. 1 in IAS & ACS Coaching 

The International Bank for Reconstruction and Development (IBRD).

The International Development Association (IDA).

World Bank Group Comprises of Five organizations viz. 

The International Bank for Reconstruction and Development (IBRD).

The International Development Association (IDA).

International Finance Corporation (IFC).

Multilateral Investment Guarantee Agency (MIGA).

International Centre for Settlement of Investment Disputes (ICSID).

Key Function Areas (Same as MDG) 

Universal Primary Education.

Gender Equality.

Reduce Child Mortality.

Improve Maternal Health.

Poverty and Hunger.

Combat HIV/AIDS, Malaria, and Other Diseases.

Ensure Environmental Sustainability.

Develop a Global Partnership for Development.

Voting Power 

Voting power is based on economic size + International Development Association contributions.

261. ………………………

New Development Bank (BRICS Bank) 

Agreed in 5th BRICS summit held in Durban, South Africa in 2013.

6th BRICS summit held in Fortaleza, Brazil, 2014, signed the document for $100 billion BRICS Development Bank and a reserve currency pool worth over another $100 billion.

Headquartered at Shanghai with African Regional Centre at Johannesburg.

1st President – India, Chairman of the Board of directors – Brazil, Chairman of Board of governors – Russians.

Terms & Objectives 

Primary focus of lending will be infrastructure projects with authorized lending of up to $34 billion annually.

Will have starting capital of $50 billion, with capital increased to $100 billion over time.

Brazil, Russia, India, China & South Africa will initially contribute $10 billion each to bring the total to $50 billion.

No member can increase its share of capital without other 4 members agreeing – a primary requirement of India.

The bank will allow new members to join but the BRICS capital share cannot fall below 55%.

Official Languages – Chinese, English, Russian, Portuguese, 22 official languages of India.

Initial authorized capital-100 billion

Initial subscribed capital -50 billion (each member gave 10 billion)

262. ………………………

Contingency reserve arrangement (CRA):

Total 100 billion

China → 41 Billion

Brazil, India, Russia → 18 Billion Each

S Africa– 5 billion

Official language:

Chinese

English

Portuguese

Russian

22 Official Languages of India.

Contingent Reserve Arrangement (CRA)  

Provision of support through liquidity & precautionary instruments in response to potential short-term balance of payments pressures.

To provide protection against global liquidity pressures including currency issues where members’ national currencies are being adversely affected by global financial pressures.

Total $100 Billion – China will contribute $41 billion, Brazil, Russia and India would give $18 billion each, and South Africa would contribute $5 billion

263. ………………………

IMF 

IMF, World Bank & BRICS

(Chart)

264. ………………………

 

Why BRICS Bank Born 

BRICS – Collectively 1/5th of World GDP and 2/5th of world population.

No reforms in IMF or Word Bank → Highly dominated by USA & G7.

To defend BRICS economy from volatility in dollar exchange rate.

In the long run, it’ll make Chinese Yuan as an alternative to US Dollar, for global financial system.

RBI Governor Rajan- “we did not setup BRICS bank to challenge World bank and IMF. This bank is setup only to provide “patient money” to BRICS nations, because World Bank and IMF are taking too much time to reform themselves.’

World Trade Organization (WTO) 

Officially commenced on 1 January 1995 under the Marrakesh Agreement, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948.

An organization that intends to supervise and liberalize international trade.

HQ-Geneva, Switzerland.

Official language – English, French, Spanish.

265. ………………………

Evolution of WTO 

1944: Bretton Woods conference wanted to make ITO (International Trade Org.) but USA did not ratify. Thus, GATT was born as a stopgap arrangement.

1947: GATT (General Agreement on Trade & Tariffs) established aimed to reduce barriers to international trade.

Uruguay Round of Talks

  

1986: Service & Intellectual Property rights related topics included in the debate, 1993, everyone agreed on it.

:  Marrakesh treaty under Uruguay round of talks at Morocco

All nations signed on agreement & WTO was established on Jan 1, 1995

1994: India → Founding member of WTO

WTO Structure: 

Supreme Decision Making body.

160 members, Latest member → Yemen (Capital: Sanaa).

Meets once every two years,

Deliberates on trade agreements

Appoints Director General.

266. ……………………………….. 

Miisterial Conferennce:

Day to day Decision Making body.

Meets regularly at Geneva.

Implements decision of ministerial conferences.

Has Representative from each member state.

Has two bodies, with separate chairmen.

Dispute settlement body.

Trade policy review body.

Director  General:

Appointed by ministerial conference

Has four years term.

Heads Secretariat at Geneva

 

Important Terms Before Understanding Functions of WTO 

All countries want to protect domestic industries and prevent entry of foreign players. So, they create two types of barriers to International trade viz.

Tariff Barriers → When Govt. puts heavy import duty / custom duty on Foreign Products which protects domestic players from competition from foreign players.

Non Tariff barriers →→ When Domestic players are given subsidies/preference over the foreign players by Govt. for Ex.

267. ……………………………….. 

When Govt. is buying some Phones/ Xerox Machines, in the tender it’ll mention that only Domestic companies are allowed.

Making polices in a way that it’s hard for foreign player to start factory / introduce his product in India.

Key Functions of WTO 

Reduce above stated barriers to international trade – both tariff barriers and non- tariff barriers & Get the members enter into multilateral trade agreements.

Provide forum for negotiation & dispute settlement for members, if agreements are violated.

Ensure the developing countries benefit from world trade, especially the least Developed countries.

Cooperate with UN, World and IMF for a global economic policy that improves livelihood, protects environment and promotes sustainable Development.

Safety Protection Agreements with regards to Tariff & Non-Tariff Barriers 

Non-food products: Technical Barriers to Trade Agreement (TBT) → Based on Quality & Durability.

Food Products: Sanitary and Phytosanitary Measures Agreement (SPS) → Based on Hygiene & Quality.

WTO Agreements 

Goods Services: 

General Agreement on Tariffs and Trade (GATT)

Agreements on

268. ……………………………….. 

Agriculture

Textile

Antidumping

Safety/Quality check

Sanitary and phytosanitary agreement (SPS)

Technical barriers to trade (TBT)

Trade related investment measures (TRIMS)

Subsidies and countervailing measures (SCM)

General Agreement on Trade in Services (GATS)

To ensure that services’ import/export enjoys the same principles of free and fair trade, just like the trade in goods.

269. ……………………………….. 

(Image)

Trade related intellectual property rights (TRIPS):

Protects seven categories of IPR viz.

Copyrights

Patents

Std. 2014

Trademarks

Geographical indicators

Industrial designs

Integrated circuit layout-designs

Trade secret

270. ……………………………….. 

IPR:

To enforce the trade agreements and commitments made by individual member country.

Once a complaint is filed, first, the parties are allowed to sort the issue through mutual consultation.

If that fails, formal adjudication by an expert panel .

(Chart)

Hot Topic in News → Agreement on Agriculture, WTO wants to 

Reduce import duty

Reduce export subsidies

Reduce Amber box subsides (Domestic subsidies)

271. ……………………………….. 

Agriculture R&D, Training programmes, Flood/ Drought relief to farmers etc.

Subsidies that don’t disrupt trade balance or cause minimum damage to trade balance

WTO Limit→ Nothing

Green Box:

Amber type Subsidies that aim to limit production

Subsidies that don’t increase with production

For example subsidies linked with acreage or number of animals

WTO Limit → Nothing

Blue Box:

Subsidies that disturb trade balance like subsidies on fertilizers, seeds, power and irrigation.

By this, country’s product becomes cheaper than others, in the international market

WTO Limit – De Minimus

Amber Box: 

Amber Box: De Miimus Limits:

The minimal amounts of Amber box subsides permitted by WTO, even though they distort trade.

Calculated on the agriculture production of the given member state in 1986-88.

Limits – Developed (5%), Developing (10%), Least Developed (Exempted).

272. ……………………………….. 

India’s stand 

In 1986: USA agriculture production was far ahead of India. So, their 5% De- minimus quota will be far bigger than our 10% quota (in absolute figures).

Input costs have skyrocketed in these decades. But, De-minimus doesn’t consider inflation factor.

So, if India has to limit its (Amber box) agro. subsidies to a non-inflation adjusted 86’s production; we cannot continue the MSP to farmers or food security to poor.

These subsidized foodgrain are meant for feeding the poor only, they do not distort international trade.

Bali summit and Peace clause (Indonesia) 

Trade Facilitation Agreement: 

To cut down the red tape in customs clearance.

LDC Exports 

Exporters from Least developing countries, will get Duty free, quota free (DFQF) access to markets in foreign countries.

Food stockholding: Led to Peace clause 

Peace clause:

No member, can drag any developing country to Dispute settlement mechanism of WTO for violation of De-minimus limits in AoA, Provided that the said developing country –

is paying subsidies for staple foodcrops for public stockholding program & food security purpose.

is providing annual information of its food security Program to WTO.

273. ……………………………….. 

Permanent solution will be taken no later than 11th ministerial conference i.e. at December 2017.

Trade facilitation agreement (TFA) 

Member nations to publish a detailed list of procedure for import-export, fees, inspection rules, penalties etc.

Minimize the proof documents and clearance required for customs clearance.

Provide electronic payment of fees, duties, taxes → Reduce red tapes and bureaucratic hassles in customs clearance.

Setup a single window mechanism to help trader submits all documents at a single point-preferably online.

Provide faster customs clearance to perishable goods (Fruits, veggies, flowers).

Give Advance ruling, as and where applicable.

Trader should be notified immediately, if goods are detained at customs.

LDC will get financial and technical help to comply with above rules.

Benefits – Increase global GDP by $1 trillion (~Rs 60 lakh crore) + more jobs approx. 21 million.

Deadline – 2014, July, 31st But India refused + Agreement becomes effective from – 2015.

India refused to sign Trade Facilitation agreement because – 

TFA maintains that it doesn’t diminish the rights & obligations of members under other agreements of WTO.

For example, under the Agreement on Agriculture (AOA) if a developing country is giving Amber box subsidies beyond 10% of its national agriculture production.

274. ……………………………….. 

(base year 1986), then other members will be justified in putting trade sanction or WTO-complaint against the said country.

Once India has signed TFA, the developed countries may stonewall their demands for a rational change in base year and ceiling limits on agro. Subsidies.

Then India will have to cut down agro. Subsidies in MSP and food security programs, else they’ll put sanctions on us, soon as Peace-clause “temporary” deadline is over in 2017!

And yet, we’ll have to keep giving them easy customs clearance because we signed the TFA!

Therefore, Government has decided to use TFA signature as a “Bargaining Chip” for a permanent solution of food subsidies issue.

India-US agreed to resolve differences over public stockholding for food security under WTO 

As per the deal agreed between India and the US, the Peace Clause under Bali package will be allowed to continue in perpetuity and India’s food security programme will not be challenged under the WTO rules until a permanent solution to it is found.

However, bilateral agreement an endorsement by 160 WTO members.

The agreement will help pave the way for reaching a consensus on Bali Package of WTO and help implement far reaching reforms of custom rules under TFA.

Further, it will help India continue its food security programme and food subsidy.

275. ……………………………….. 

South Asian Association for Regional Cooperation (SAARC) 

An economic & geopolitical organization of 8 countries that are primarily located in South Asia.

Established in 1985; Secretariat – Kathmandu, Nepal; Official language – English.

Members – India, Pakistan, Bangladesh, Nepal, Bhutan, Srilanka, Maldives, Afghanistan.

1st summit at Dhaka, only 1 new member added since birth i.e. Afghanistan

19th SAARC submit → Pakistan + Cultural Capital → Bamyan (Afganistan).

Evolutuion of SAARC 

The idea of regional political and economic cooperation in South Asia was first raised in 1980 and the first summit was held in Dhakaon 8 December 1985, when the organization was established by the governments of Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka.

Since then organization has expanded by accepting one new full member, Afghanistan, and several observer members.

The official meetings of the leaders of each nation are held annually whilst the foreign ministers meet twice annually.

SAARC Objectives 

SAARC policies aim to promote welfare economics, collective self-reliance among the countries of South Asia, and to accelerate socio-cultural development in the region.

To promote the welfare of the people of South Asia and to improve their quality of life.

To cooperate with international and regional organizations with similar aims and purposes.

276. ……………………………….. 

To promote active collaboration and mutual assistance in the economic, social, cultural, technical and scientific fields.

To contribute to mutual trust, understanding and appreciation of one another’s problems; & to maintain peace in the region.

Developments in SAARC 

South Asian Free Trade Area (SAFTA) – to reduce customs duties of all traded goods to zero by the year 2016.

Visa Exemption Scheme – certain categories of dignitaries should be entitled to a Special Travel document, which would exempt them from visas within the region.

Regional Railways Agreement.

Motor Vehicles Agreement.

Framework Agreement for Energy Cooperation (Electricity).

SAARC Region Satellite launch plan.

South Asian Free Trade Area (SAFTA) 

The Agreement on SAARC Preferential trading Arrangement (SAPTA) was signed on 11 April 1993 and entered into force on 7 December 1995, with the desire of the Member States of SAARC (India, Pakistan, Nepal, Sri Lanka, Bangladesh, Bhutan and the Maldives) to promote and sustain mutual trade and economic cooperation within the SAARC region through the exchange of concessions.

The South Asian Free Trade Area (SAFTA) is an agreement reached on 6 January 2004 at the 12th SAARC summit in Islamabad, Pakistan.

It created a free trade area of 1.8 billion people in Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka.

The seven foreign ministers of the region signed a framework agreement on SAFTA to reduce customs duties of all traded goods to zero by the year 2016.

277. ……………………………….. 

The SAFTA agreement came into force on 1 January 2006 and is operational following the ratification of the agreement by the seven governments.

SAARC Visa Exemption Scheme 

SAARC Visa Exemption Scheme was launched in 1992 to allow certain categories of dignitaries to a Special Travel document, which would exempt them from visas within the region.

Currently the list included 24 categories of entitled persons, which include Dignitaries, Judges of higher courts, Parliamentarians, Senior Officials, Businessmen, Journalists, Sportsmen etc.

The Visa Stickers are issued by the respective Member States to the entitled categories of that particular country.

The validity of the Visa Sticker is generally for one year.

The implementation is reviewed regularly by the Immigration Authorities of SAARC Member States.

The development potential of SAARC has been hindered by various factors viz.

India Pakistan bilateral issue.

India’s bilateral issue with other countries like Sri Lanka, Bangladesh.

Trust deficit between India and its neighboring countries.

Cross border Terrorism.

Political instability in the Pakistan, Afghanistan and Maldives.

Low Human development Index and resource problems in the region.

Persistent problems of population, poverty, illiteracy, climate change, health, terrorism, flood and droughts.

278. ……………………………….. 

Association of Southeast Asian Nations (ASEAN) 

HQ at Jakarta (Indonesia); Established in 1967 in Bangkok via Bangkok Declaration.

Founding Fathers of ASEAN → Indonesia, Malaysia, Philippines, Singapore and Thailand.

Since then, membership has expanded to include Brunei, Cambodia, Laos, Myanmar (Burma) and Vietnam.

ASEAN follows the principle of “ASEAN way” viz.

Musyawarah And Mufakat [Consultation and Agreement].

Don’t use force / confrontation.

Don’t interfere in the internal matters of states.

Informal discussion.

Minimal institutionalization.

To achieve “ASEAN way”, Treaty of Amity and Cooperation in Southeast Asia (TAC) was signed, to which India also acceded in 2003 viz.

They’ll not interfere in the internal affairs of one another,

They’ll not use threat or use of force to settle differences / disputes.

They’ll settle of differences or disputes by peaceful means.

They’ll effectively cooperate among themselves.

They’ll mutually respect each other’s’ independence, sovereignty, equality, territorial integrity and national identity.

Every State has right lead its national existence free from external interference, subversion or coercion.

279. ……………………………….. 

Evolution of ASEAN 

1967: Establishment of ASEAN

1994: ASEAN regional forum (ARF) (India became its member in 1996)

1997: ASEAN + 3 is formed (China + Japan + South Korea) to increase regional cooperation

Chiang Mai Initiative (CMI) – a currency swap agreement among ASEAN +3

2010: Provides emergency liquidity to economies during crises

2015: ASEAN Community Plan- Similar to European Union, which will have three pillars viz.

ASEAN Political Security Community.

ASEAN Economic Community.

ASEAN Socio-Cultural Community

Timeline of India – ASEAN Relations 

1990: India starts engaging with ASEAN, part of Look East Policy.

1992: India becomes a sectoral dialogue partner of ASEAN

1996: India becomes full dialogue partner of ASEAN.

280. ……………………………….. 

 2002:India starts having annual summits with ASEAN

2003: India accedes to the Treaty of Amity and Cooperation in Southeast Asia (TAC) India signs counter-terrorism declaration with ASEAN.

2009:  FTA in goods signed.

This established Free Trade Area established between India-ASEAN.

2010: FTA in goods becomes effective

20th Anniversary of ASEAN-India Dialogue.

ASEAN-India Commemorative Summit is held.

Now India becomes a strategic partner of ASEAN

2012: FTA in services and investment- talks concluded

2014: FTA in services and investment signed- by all ASEAN nations with India except Philippines.

281. ……………………………….. 

OPEC, ADB, NAM, NATO 

Organization of the Petroleum Exporting Countries (OPEC) 

Organization of the Petroleum Exporting Countries (OPEC) is an international organization and economic cartel whose mission is to coordinate the policies of the oil-producing countries.

The goal is to secure a steady income to the member states and to collude in influencing world oil prices through economic means.

Headquarter: Vienna, Austria (Previously, At Geneva, Switzerland)

Formed by: Baghdad Conference on 10-14 September 1960

Fouding Members (5 Members) : Iraq, Iran, Kuwait, Saudi Arabia and Venezuela.

Later Joined By (9 Members) : Libya, UAE, Qatar, Indonesia, Algeria, Nigeria, Ecuador, Angola, and Gabon.

Left OPEC:  Gabon

OPEC membership is open to any country that is a substantial exporter of oil and that shares the ideals of the organization → (Currently 13 members).

The 13 countries account for 40 percent of global oil production and 73 percent of the world’s “proven” oil reserves, making OPEC a major influence on global oil prices.

282. ……………………………….. 

 Being an organization consisting of the world’s major oil-exporting nations, OPEC is a cartel that aims to manage the supply of oil in an effort to set the price of oil on the world market, in order to avoid fluctuations that might affect the economies of both producing and purchasing countries.

Asian Development Bank (ADB) 

The Asian Development Bank (ADB) is a regional development bank established on 19 December 1966.

Headquarter at Metro Manila, Philippines.

Aimed to facilitate social and economic development of countries in Asia.

From 31 members at its establishment, ADB now has 67 members, of which 48 are from within Asia and the Pacific and 19 outside.

The ADB was modeled closely on the World Bank, and has a similar weighted voting system where votes are distributed in proportion with members’ capital subscriptions.

Japan: 67%

United States: 56%

Chin:a 47%

India: 36%

Australia: 81%

Non Aligned Movement (NAM) 

Founded in Belgradein 1961 by Nehru (India), Unu (Burma), Sukarno (Indonesia), Nasser (Egypt), Nkumarah (Ghana) & Tito (Yugoslovakia)’

Objective → A group of states which are not formally aligned with or against any major power bloc.

283. ……………………………….. 

Membership is particularly concentrated in countries considered to be developing or part of the Third World.

At present NAM has 120 member states & 15 observer states.

The 17th Summit of the Non Aligned Movement is to be held in Venezuela in 2016.

Five principles of NAM 

Mutual respect for each other’s territorial integrity and sovereignty.

Mutual non-aggression.

Mutual non-interference in domestic affairs.

Equality and mutual benefit.

Peaceful co-existence.

North Atlantic Treaty Organization (NATO) 

North Atlantic Treaty Organization (NATO) is basically a military alliance, born out of the North Atlantic Treaty on 4th of April, 1949.

It is a political and military alliance whose primary goals are the collective defence of its members and the maintenance of a democratic peace in the North Atlantic area.

Headquartered at the Belgium capital city of Brussels, the NATO introduced a collection of defense systems, as a result of which, its member-states agreed upon a common defense system, in the face of external invasions.

All 28 Allies have an equal say, the Alliance’s decisions must be unanimous and consensual, and its members must respect the basic values that underpin the Alliance, namely democracy, individual liberty and the rule of law.

NATO’s Core Tasks 

Collective Defence

Crisis management

Cooperative security through partnerships.

284. ……………………………….. 

Previous Years Questions (Mains) 

1. India and USA are two large democracies. Examine the basic tenants on which the two political systems are based. [2018] 
2. Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? [2018] 
3. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. [2017] 
4. Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances? [2016] 
5. Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. [Mains 2015]
6. Khap Panchayats have been in the news for functioning as extra-constitutional authorities, often delivering pronouncements amounting to human rights violations. Discuss critically the actions taken by the legislative, executive and the judiciary to set the things right in this regard. 2015
7. Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard. 2015 
8. What do you understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. 2014 
9. Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution. 2013
10. ……………………………….. 
11. Instances of President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time limit specified for the President to accept/reject such petitions? Analyse. 2014 
12. The size of the cabinet should be as big as governmental work justifies and as big as the Prime Minister can manage as a team. How far the efficacy of a government then is inversely related to the size of the cabinet? Discuss. 2014 
13. Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this context, the role or the Estimates Committee. 2018 
14. In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? 2018 
15. ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. 2017 
16. To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? 2017 
17. The Indian Constitution has provisions for holding joint session of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof. 2017 
18. The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. 2016 
19. The ‘Powers, Privileges and Immunities of Parliament and its Members’ as envisaged in Article 105 of the Constitution leave room for a large number of un- codified and un-enumerated privileges to continue. Assess the reasons for the absence of legal codification of the ‘parliamentary privileges’. How can this problem be addressed? 2014 
20. ……………………………….. 
21. The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention? 2013 
22. Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. 2018 
23. Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. 2017
24. What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? 2016 
25. Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed? 2015 
26. Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. 2014 
27. The Supreme Court of India keeps a check on arbitrary power of the Parliament in amending the Constitution. Discuss critically. 2013 
28. How is the Finance Commission of India constituted? What do you about the terms of reference of the recently constituted Finance Commission? Discuss. 2018 
29. Assess the importance of Panchayat system in India as a part of local government. Apart from government grants, what sources the Panchayats can look out for financing developmental projects. 2018 
30. ……………………………….. 
31. The local self-government system in India has not proved to be effective instrument of governance”. Critically examine the statement and give your views to improve the situation. 2017 
32. Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics? 2016 
33. To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity. 2016 
34. Did the Government of India Act, 1935 lay down a federal constitution? Discuss. 2016 
35. The concept of cooperative federalism has been increasingly emphasized in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings. 2015 
36. In absence of a well-educated and organized local level government system, ‘Panchayats’ and ‘Samitis’ have remained mainly political institutions and not effective instruments of governance. Critically discuss. 2015 
37. Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss. 2014 
38. Recent directives from Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution. 2013 
39. Many State Governments further bifurcate geographical administrative areas like Districts and Talukas for better governance. In light of the above, can it also be justified that more number of smaller States would bring in effective governance at State level? Discuss. 2013
40. ……………………………….. 
41. Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss. 2013 
42. The Comptroller and Auditor General (CAG) has a very vital role to play.” Explain how this is reflected in the method and terms of his appointment as well as the range of powers he can exercise.2018 
43. How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India. 2018 
44. Is the National Commission for Women able to strategize and tackle the problems that women face at both public and private spheres? Give reasons in support of your answer. 2017 
45. Exercise of CAC’s powers in relation to the accounts of the Union and the States is derived from Article 149 of the Indian Constitution. Discuss whether audit of the Government’s Policy implementation could amount to overstepping its own (CAG) jurisdiction. 2016 
46. What is a quasi-judicial body? Explain with the help of concrete examples. 2016 What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent Ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism? Discuss. 2015 
47. For achieving the desired objectives, it is necessary to ensure that the regulatory institutions remain independent and autonomous.” Discuss in the light of the experiences in recent past. 2015 
48. National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately supported by other mechanisms that ensure the accountability of a government. In light of the above observation assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards. 2014
49. ……………………………….. 

 

45. The setting up of a Rail Tariff Authority to regulate fares will subject the cash strapped Indian Railways to demand subsidy for obligation to operate non- profitable routes and services. Taking into account the experience in the power sector, discuss if the proposed reform is expected to benefit the consumers, the Indian Railways or the private container operators. 2014 
46. Discuss the recommendations of the 13th Finance Commission which have been a departure from the previous commissions for strengthening the local government finances. 2013 
47. The product diversification of financial institutions and insurance companies, resulting in overlapping of products and services strengthens the case for the merger of the two regulatory agencies, namely SEBI and IRDA. Justify. 2013 
48. Whether National Commission for Scheduled Castes (NCSCJ) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. 2018 
49. Multiplicity of various commissions for the vulnerable sections or the society leads to problems or overlapping jurisdiction and duplication of functions. Is it better to merge all commissions into an Argue your case. 2018 
50. Does the Rights of Persons with Disabilities Act, 2016 ensure effective  mechanism for empowerment and inclusion of the intended beneficiaries in the society? Discuss. 2017 
51. Two parallel run schemes of the Government viz. the Adhaar Card and NPR, one as voluntary and the other as compulsory, have led to debates at national levels and also litigations. On merits, discuss whether or not both schemes need run concurrently. Analyse the potential of the schemes to achieve developmental benefits and equitable growth. 2014
52. ……………………………….. 
53. Do government’s schemes for up-lifting vulnerable and backward communities by protecting required social resources for them, lead to their exclusion in establishing businesses in urban economics? 2014 
54. The basis of providing urban amenities in rural areas (PURA) is rooted in establishing connectivity. Comment. 2013 
55. Electronic cash transfer system for the welfare schemes is an ambitious project to minimize corruption, eliminate wastage and facilitate reforms. Comment. 2013 
56. How far do you agree with the view that the focus on lack or availability of food as the main cause of hunger takes the attention away from ineffective human development policies in India?2018 
57. Hunger and Poverty are the biggest challenges for good governance in India still today. Evaluate how far successive governments have progressed in dealing with these humongous problems. Suggest measures for improvement. 2017 
58. ‘Poverty Alleviation Programmes in India remain mere show pieces until and unless they are backed by political will’. Discuss with reference to the performance of the major poverty alleviation programmes in India. 2017 
59. Though there have been several different estimates of poverty in India, all indicate reduction in poverty levels over time. Do you agree? Critically examine with reference to urban and rural poverty indicators. 2015 
60. The Central Government frequently complains on the poor performance of the State Governments in eradicating suffering of the vulnerable sections of the society. Restructuring of Centrally sponsored schemes across the sectors for ameliorating the cause of vulnerable sections of population aims at providing flexibility to the States in better implementation. Critically evaluate.2013
61. Appropriate local community-level healthcare intervention is a prerequisite to achieve ‘Health for All in India. Explain. 2018 
62. ‘To ensure effective implementation of policies addressing water, sanitation and hygiene needs, the identification of beneficiary segments is to be synchronized with the anticipated outcomes’ Examine the statement in the context of the WASH scheme. 2017
63. ……………………………….. 
64. Examine the main provisions of the National Child Policy and throw light on the status of its implementation. 2016 
65. “Demographic Dividend in India will remain only theoretical unless our manpower becomes more educated, aware, skilled and creative.” What measures have been taken by the government to enhance the capacity of our population to be more productive and employable? 2016 
66. Professor Amartya Sen has advocated important reforms in the realms of primary education and primary health care. What are your suggestions to improve their status and performance? 2016 
67. The quality of higher education in India requires major improvements to make it internationally competitive. Do you think that the entry of foreign educational institutions would help improve the quality of higher and technical education in the country? Discuss. 2015 
68. Public health system has limitations in providing universal health coverage. Do you think that the private sector could help in bridging the gap? What other viable alternatives would you suggest? 2015 
69. An athlete participates in Olympics for personal triumph and nation’s glory; victors are showered with cash incentives by various agencies, on their return. Discuss the merit of state sponsored talent hunt and its cultivation as against the rationale of a reward mechanism as encouragement. 2014 
70. Should the premier institutes like IITS/IIMs be allowed to retain premier status, allowed more academic independence in designing courses and also decide mode/criteria of selection of students. Discuss in light of the growing challenges. 2014 
71. The concept of Mid Day Meal (MDM) scheme is almost a century old in India with early beginnings in Madras Presidency in pre-independent India. The scheme has again been given impetus in most states in the last two decades. Critically examine its twin objectives, latest mandates and success. 2013
72. ……………………………….. 
73. Identify the Millennium Development Goals (MDGs) that are related to health. Discuss the success of the actions taken by the Government for achieving the same. 2013 
74. “Policy contradictions among various competing sectors and stakeholders have resulted in inadequate ‘protection and prevention of degradation’ to environment.” “Comment with relevant illustration. 2018 
75. Explain the salient features of the constitution (One Hundred and First Amendment) Act, 2016. Do you think it is efficacious enough to remove cascading effect of taxes and provide for common national market for goods and services’? 2017 
76. Has the Indian governmental system responded adequately to the demands of Liberalization, Privatization and Globalization started in 1991? What can the government do to be responsive to this important change? 2016 
77. Though 100 percent FDI is already allowed in non-news media like a trade publication and general entertainment channel, the Government is mulling over the proposal for increased FDI in news media for quite some time. What difference would an increase in FDI make? Critically evaluate the pros and cons. 2014 
78. E-Governance is not only about utilization of the power of new technology, but also much about critical importance of the ‘use value’ of information Explain. 2018 
79. Citizens’ Charter is an ideal instrument of organizational transparency and accountability, but. it has its own limitations. Identify the limitations and suggest measures for greater effectiveness or the Citizens Charter. 2018 
80. Discuss the role of Public Accounts Committee in establishing accountability of the government to the people. 2017
81. ……………………………….. 
82. “Effectiveness of the government system at various levels and people’s participation in the governance system are inter-dependent.” Discuss their relationship with each other in context of India. 2016 
83. In the integrity index of Transparency International, India stands very low. Discuss briefly the legal, political, economic, social and cultural factors that have caused the decline of public morality in India. 2016 
84. In the light of the Satyam Scandal (2009), discuss the changes brought in corporate governance to ensure transparency, accountability. 2015 
85. “If amendment bill to the Whistleblowers Act, 2011 tabled in the Parliament is passed, there may be no one left to protect.” Critically evaluate. 2015 
86. Though Citizen’s charters have been formulated by many public service delivery organizations, there is no corresponding improvement in the level of citizens’ satisfaction and quality of services being provided. Analyze. 2013 
87. A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs’. Discuss. 2013 
88. China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbor. 2017 
89. “Increasing cross-border and growing interference in the internal affairs of several member-states by Pakistan are not conducive for the future of SAARC (South Asian Association for Regional Cooperation).” Explain with suitable examples. 2016 
90. Project Mausam’ is considered a unique foreign policy initiative of the Indian Government to improve relationship with its neighbors. Does the project have a strategic dimension? Discuss. 2015 
91. Terrorist activities and mutual distrust have clouded India-Pakistan relations. To what extent the use of soft power like sports and cultural exchanges could help generate goodwill between the two countries? Discuss with suitable examples. 2015
92. ……………………………….. 
93. With respect to the South China sea, maritime territorial disputes and rising tension affirm the need for safeguarding maritime security to ensure freedom of navigation and over flight throughout the region. In this context, discuss the bilateral issues between India and China. 2014 
94. The proposed withdrawal of International Security Assistance Force (ISAF) from Afghanistan in 2014 is fraught with major security implications for the countries of the region. Examine in light of the fact that India is faced with a plethora of challenges and needs to safeguard its own strategic interests. 2013 
95. What do you understand by ‘The String of Pearls’? How does it impact India? Briefly outline the steps taken by India to counter this. 2013 
96. The protests in Shahbag Square in Dhaka in Bangladesh reveal a fundamental split in society between the nationalists and Islamic forces. What is its significance for India? 2013 
97. Discuss the political developments in Maldives in the last two years. Should they be of any cause of concern to India? 2013 
98. In respect of India – Sri Lanka relations, discuss how domestic factors influence foreign policy. 2013 
99. What is meant by Gujral doctrine? Does it have any relevance today? Discuss. 2013 
100. In what ways would the ongoing US-Iran Nuclear Pact Controversy affect the national interest of India? How should India respond to this situation? 2018 
101. ‘India’s relations with Israel have, of late, acquired a depth and diversity, which cannot be rolled back.” Discuss. 2018 
102. ……………………………….. 
103. The question of India’s Energy Security constitutes the most important part of India’s economic progress. Analyze India’s energy policy cooperation with West Asian Countries. 2017 
104. Indian Diaspora has an important role to play in South-East Asian countries’ economy and society. Appraise the role of Indian Diaspora in South-East Asia in this context 2017 
105. Evaluate the economic and strategic dimensions of India’s Look East Policy in the context of the post-Cold War international scenario. 2016 
106. Increasing interest of India in Africa has its pros and cons. Critically examine. 2015
107. Economic ties between India and Japan while growing in the recent years are still far below their potential. Elucidate the policy constraints which are inhibiting this growth.  2013.

102.A number or outside powers have entrenched themselves in Central Asia, which is a zone to interest to India. Discuss the implications, in this context, of India’s joining the Ashgabat Agreement, 2018. 2018 

103. What are the key areas of reform if the WTO has to survive in the present context of ‘Trade War’, especially keeping in mind the interest of India? 2018 
104. What are the main functions of the United Nations Economic and Social he Uni Council (ECOSOC)? Explain different functional commissions attached to it. 2017 
105. The broader aims and objectives of WTO are to manage and promote international trade in the era of globalization. But the Doha round of negotiations seem doomed due to differences between the developed and the developing countries.” Discuss in the Indian perspective. 2016 
106. What are the aims and objectives of the McBride Commission of the UNESCO? What is India’s position on these? 2016
107. ……………………………….. 
108. Discuss the impediments India is facing in its pursuit of a permanent seat in UN Security Council. 2015 
109. The aim of Information Technology Agreements (ITAS) is to lower all taxes and tariffs on information technology products by signatories to zero. What impact should such agreements have on India’s interests? 2014 
110. Some of the International funding agencies have special terms for economic participation stipulating a substantial component of the aid to be used for sourcing equipment from the leadingcountries. Discuss on merits of such terms and if, there exists a strong case not to accept such conditions in the Indian context. 2014 
111. India has recently signed to become founding a New Development Bank (NDB) and also the Asian Infrastructure Investment Bank (AIIB) .How will the role of the two Banks be different? Discuss the significance of these two Banks for India. 2014 
112. WTO is an important international institution where decisions taken affect countries in profound manner. What is the mandate of WTO and how binding are their decisions? Critically analyse India’s stand on the latest round of talks on Food security. 2014 
113. The World Bank and the IMF, collectively known as the Bretton Woods Institutions, are the two inter-governmental pillars supporting the structure of the world’s economic and financial order. Superficially, the World Bank and the IMF exhibit many common characteristics, yet their role, functions and mandate are distinctly different. Elucidate. / 2013
114. ……………………………….. 

CS (Main) Exam, 2020

DETACHABLE 

GENERAL STUDIES (Paper II)

Time Allowed: Three Hours 

QUESTION PAPER SPECIFIC INSTRUCTIONS 

Please read each of the following instructions carefully before attempting questions: There are 20 questions printed both in Hindi and in English

All questions are compulsory.

The number of marks carried by a question/part is indicated against it.

Answers must be written in the medium authorized in the Admission Certificate which must be stated clearly on the cover of this Question-cum-Answer (QCA) Booklet in the space provided. No marks will be given for answers written in a medium other than the authorized one.

Answers to Question Nos. I to 10 should be in 150 words, whereas answers to Question Nos. 11 to 20 should be in 250 words.

Word limit in questions should be adhered to.

Any page or portion of the page left blank in the Question-cum-Answer Booklet must be clearly struck off.

298. ………………………………..
299. “There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act”. Comment. (Answer in 150 words )
300. “Recent amendments to the Right to Information Act will have profound impact on the autonomy and independence of the Information Commission”. Discuss. (Answer in 150 words

3.How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (Answer in 150 words)

4. The judicial systems in India and UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices. (Answer in 150 words )
5. ‘Once a Speaker, Always a Speaker’ ! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? (Answer in 150 words )
6. In order to enhance the prospects of social development, sound and adequate health care policies are needed particularly in the fields of geriatric and maternal health care. Discuss. (Answer in 150 words )
7. “Institutional quality is a crucial driver of economic performance”. In this context suggest reforms in Civil Service for strengthening democracy. (Answer in 150 words )
8. “The emergence of Fourth Industrial Revolution (Digital Revolution) has initiated e-Governance as an integral part of government”. Discuss. (Answer in 150 words ) 10
9. Critically examine the role of WHO in providing global health security during the Covid-19 pandemic. (Answer in 150 words)

‘Indian diaspora has a decisive role to play in the politics and economy of America and European Countries’. Comment with examples. (Answer in 150 words)

11. Indian Constitution exhibits centralising tendencies to maintain unity and integrity of the nation. Elucidate in the perspective of the Epidemic Diseases Act, 1897; The Disaster Management Act, 2005 and recently passed Farm Acts. (Answer in 250 words )
12. Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities. (Answer in 250 words )
13. The strength and sustenance of local institutions in India has shifted from their formative phase of ‘Functions, Functionaries and Funds’ to the contemporary stage of ‘Functionality’. Highlight the critical challenges faced by local institutions in terms of their functionality in recent times. (Answer in 250 words )
14. ………………………………..
15. Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in past few decades. Highlight the factors as well as the areas in 15 which this transformation could be visible. (Answer in 250 words )
16. Which steps are required for constitutionalization of a Commission? Do you think imparting constitutionality to the National Commission for Women would ensure greater gender justice and empowerment in India? Give reasons. (Answer in 250 words )
17. “The incedence and intensity of poverty are more important in determining poverty based on income alone”. In this context analyse the latest United Nations Multidimensional Poverty Index Report. (Answer in 250 words )
18. “Micro-Finance as an anti-poverty vaccine, is aimed at asset creation and income security of the rural poor in India”. Evaluate the role of the Self Help Groups in achieving the twin objectives along with empowering women in rural India. (Answer in 250 words )
19. National Education Policy 2020 is in conformity with the Sustainable Development Goal – 4 (2030). It intends to restructure and reorient education system in India. 15 Critically examine the statement. (Answer in 250 words )
20. ‘Quadrilateral Security Dialogue (Quad)’ is transforming itself into a trade bloc Discuss. (Answer in 250 words )
21. 20. What is the significance of Indo-US defence deals over Indo-Russian defence deals? Discuss with reference to stability in the Indo-Pacific region. (Answer in 250 words )
22. ………………………………..

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302. ……………………………….Guide to UPSC APSC IAS IPS ACS APS