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2 I N D E X S.No Title Page No. S.No. Title Page No Systems of Government Democracy Presidential V/s. Parliamentary Government System of Government in India Federal V/s. Unitary Government Legislations During British Rule Sources of Indian Constitution Article, Parts and Schedule Federation V/s Union Territory of India V/s. Union of India Rights Martial Law V/s. National Emergency Directive Principles of State Policy Law Amendment to the Constitution Emergency Provisions President of India Categories of Ministers Council of Ministers V/s. Cabinet Legislature Bills Types of Expenditure Types of Funds Committees of Parliament Removal of Judge of Supreme Court Panchayat Raj V/s. Urban Local Bodies Organisations Types of Elections Categories of Civil Services Planning Commission V/s. NITI Aayog

3 SYSTEMS OF GOVERNMENT Monarchy Republic Autocratic/Dictatorship Monarchy is a system where ruler is sole The ruler or head of the State is elected In the dictatorship system of authority and the post of rules is hereditary E.g. Saudi Arabia, Britain (In Britain there is monarchy but real powers are vested in Parliament) by the people after fix period of time. He may be elected directly or indirectly but the post of head of the State is not hereditary. E.g. India, U.S.A. Government mostly one person controls all the authority, however his post is not hereditary in nature. E.g. North Korea, Saddam Hussein of Iraq, Hitler of Most of the monarchical States today are democratic in nature i.e. king is only titular head of the Government, all the powers are enjoyed by representatives elected by the people. E.g. Britain, Japan. All of the republic systems are democratic in nature. Democracy may be direct or indirect in such systems. E.g. India, U.S.A. Germany. There is concentration of all the power. People have no role in decision making. They have to follow the decision of dictator E.g. Hilter. Polity Made Easy 3

4 Democracy is the system of Government where people directly or indirectly takes part in decision making procedure of a political system. Types of Democracy (On the basis of participation of the people in decision making) Direct Democracy Indirect Democracy In this type of democratic system people directly takes part in decision making procedure. Citizens vote to accept a proposal of law or reject it. Every matter is decided on the basis of opinion of the Citizens. E.g. Switzerland. In this type of democratic system citizens do not take part in the decision making procedure of the political system directly. Citizens elect their representatives and the representative takes part in decision making procedure on behalf of his electors. E.g. India. Types of Indirect Democratic Government Systems Presidential Form of Government In this type of system Head of the State or Country and Head of the Government is same person. There is strict separation of powers between Legislature, executive and judiciary. All the powers of executive / Government are concentrated in the hands of Head of the State. E.g. U.S.A. Parliamentary Form of Government In this type of system Head of the State/Country and Head of the Government is two different persons. There is strict separation of power between judiciary on the one hand and Legislature and executive on the other but no strict separation of power between Legislature and executive. Here, Head of the State/country is only nominal / titular head. All the powers are concentrated in the hands of Head of the Government. E.g. India, Britain Polity Made Easy 4

5 EXPLANATION TERMS 1) Legislature : It is a body or organization which legislates i.e. Makes Laws. E.g.Parliament of India. 2) Executive : It is a body or system which executes the decision and implements the laws made by Parliament. E.g.Prime Minister, Chief Minister. Categories of Executives Political Executives Administrative Executives They have to get elected after fixed period of time. They are generally selected by Political executives by appointment E.g. Prime Minister, Chief Minister, Ministers, Mayor or through competitive exam. They continue to serve generally till their retirement. They do not need to get reappointed after fix period E.g. IAS, IPS. 3) Judiciary : It is justice system which supervises over implementation of law. If any law is breached, Judiciary gives punishment to such person. They also solve dispute between two or more parties. E.g.Supreme Court. 4) Separation of : When powers and responsibilities are distributed at the same level of Government system Power i.e. central Government or State Government, it called as separation of power. It is horizontal distribution of power. E.g. Legislature - making Laws Executive - implementing the laws made by Legislature. Judiciary - Punishes for the breach of law. 5) Division of : When powers and functions are distributed between different levels of Government Powers System i.e. between central Government and State Government it is called division of power. It is vertical distribution of powers and responsibilities. E.g.Central List, State List and Concurrent List under Constitution of India. Polity Made Easy 5

6 Forms of Government ( On the basis of nature of relation between Legislature and executive ) S.N. Presidential Government Parliamentary Government 1. In this form of Government President are both - Head of the State and Head of the Government. 2. Executive and Legislature are independent of each other. Post of the President is not affected by Legislative majority. 3. Executives are not responsible to Legislature. Cabinet is only an advisory body, all the powers are vested in the hands of President. 4. President chooses advisors of his choice. There is no need of advisor being member of Legislature as in case of Parliament system. 5. Members of executive are not members of Legislature. There is strict separation of power. 6. President is head of the State, head of the Government There are two executives. President is nominal head of the Government whereas Prime Minister is actual/real head. Thus President is head of the State while Prime Minister is head of the Government. Party which secures majority in lower house of Legislature forms the Government. The council of minister is collectively responsible to Parliament in general and lower house of Legislature in particular. President is nominal head of the State. He functions on the aid and advice of Council of Ministers. Advice of the Council of Ministers is binding on the President. Ministers are members of both executive and Legislature. There is no strict separation of powers. Prime Minister is leader of Government, of ruling party and country as a whole. and of the Country. 7. Legislature cannot be dissolved by President. The lower house of Parliament can be dissolved by President before completion of its tenure. 8. Secretary works on the principal of secrecy. Minister works on the principal of secrecy. 9. President has fix tenure. He can remove any of the advisor at any time. No confidence motion, instrument is not available in this system. Normally ministers have fix tenures but Legislature can remove them before completion of their tenure by passing no confidence motion against the Government. Polity Made Easy 6

7 Merits of the System 1. Stability of the Government Harmony between Legislature and executive. 2. Definiteness in the policies. Government is responsible to Legislature and in turn to the citizens of country. 3. Strict separation of power. It prevents despotism. 4. Government by experts and matured Representation to wide section of people. Demerits 1. Possibility of conflict between Legislature and executive is higher. Government is not stable. They do not have security of tenure. 2. Government is not responsible to Legislature. Continuity of the policies are not guaranteed. 3. It may lead to autocracy or despotic form of Government. There is no strict separation of power. 4. Wide representation of people in the Government is not guaranteed Government of generalists or amateur. Why India accepted Parliamentary form of Government? - Due to long British Rule India was familiar with Parliamentary Form of Government - Responsible Government was preferred than stable Government - The framers of the Constitution wanted to avoid Legislative vs. executive conflict, which is bound to occurpresidential system. - India is most diverse country on the earth. Hence framers of the Constitution preferred the system which gave wide representation to the people in Government and Decision Making. Polity Made Easy 7

8 Difference between British and Indian Models of Political system Point of Difference Monarchy System of Britian Republican System of India Sovereignty British Parliament is sovereign Parliament enjoys limited sovereignty. Peopleof India are Sovereign/supreme. Membership of Head of the Government (Prime Minister) Cabinet Must be member of lower house of Parliament i.e. House of Commons System of Cabinet and Shadow Cabinet works simultaneously. Can be members of either house of Parliament i.e. Loksabha or Rajyasabha. Only cabinet system is in place. Concept of shadow cabinet does not exist. Polity Made Easy 8

9 System of Government in India Central / Union Government Legislature Executive Judiciary Parliament consists of Union Executive Consist Supreme Court of Loksabha Rajyasabha President 1. President of India Headed by Chief Justice of Representative Representative of States elected Elected by 2. Vice President of India India and other Judges directly elected by people by members of State Legislative Assembly MP s and MLA s 3. Prime minister and his Council of Minister 4. Attorney General (Quantity of Judges decided by Parliament through law) (CJI+30 Judges as on 2017) Regional / State / Provincial Government Legislative Assembly Members are directly elected by people State Legislature Consist of State Executive consist of Legislative council (This house Governor may exist or may not exist) Members are elected indirectly by different groups like local Government, teacher, MLA s. Appointed by the President 1. Governor 2. Chief Minister with his council of Minister. 3.Advocate General of the State Judiciary High Court Chief Justice of high court and other Judges as decided by President Note : Supreme Court or High Court do not falls under either union or State Government. They are independent of Legislature and executive. However above representation is only to show level at which they functions. Polity Made Easy 9

10 Local Self Government Rural Area Urban Area Zilla Parishad (Level at District) Types of Urban Local Government- Panchayat Samiti or Mandal panchayat (as block level) 1) Municipal Corporation (For big cities) Gram Panchayat ( At village level) 2) Municipal Council ( For medium size tower) 3) Nagar Panchayat (For transition areas) 4) Cantonment Boards - Rural local self Government represents hierarchical - The different types of urban local bodies are independent. They structural. do not control one another as happens in Panchayat Raj Institution. - Members at all the levels are elected directly by the - Members of these institutions are elected only from Urban areas. citizens of the rural areas only. Stage of Government Features of the Constitution Classification of Government (On the basis of the nature of Relation between National Government and Regional Government) Federal Government Dual Government i.e. Government at National Level and other at regional level. -Written Constitution - Powers are distributed between national and Regional Government. - Constitution is rigid. Changes cannot be done easily. Unitary Government Single Government at National Level -Constitution may be written Eg.France or unwritten i.e. Britain. - All the powers are concentrated in the national Government. - Constitution may be rigid may not be rigid. Judiciary Judiciary is independent of any interference by executive or Legislature Judiciary may be independent or may not be independent. Legislature Legislature is Bicameral. Their exists two houses. Legislature may be bicameral (Britain) or Upper house represents the States where as lower Unicameral (China) house represents the people. Example U.S.A., India France,Britain Polity Made Easy 10

11 Legislations During British Rule Charter Acts Charter Act 1793 Charter Act, 1813 Charter Act, 1833 Charter Act 1853 Commercial Privileges Companies rule was It extended company s rule for It extended companies rule but did not of British East India Company were extended for 20 years. extended for 20 years but its trade privileges were abolished except trade in 20 years. specify the time period. Governor General was given the power to appoint Vice President to act in his place in his absence. Salaries of Members Board of Control were to be paid their salaries from Indian Revenue tea and trade with China. Rs. One Lakh were to be set aside for spread of education and knowledge in India. Christian missionaries were allowed to work in India. Company s monopoly was abolished. It was made just a political entity. Governor of Bengal was made Governor General of India. It deprived Governor of Bombay and Madras of their Legislative power. It concentrated all the powers in the hand of Governor of General of India. Attempted to introduce a system of open competition for selection of Civil servants. It separated Legislative and executive function of Governor General s council. Governor Generals Legislative council came to be known as Indian Legislative Council. It introduced an open competition for civil service. Civil service was thrown open for Indians also. Macaulay committee on civil services was appointed in Out of six members of Central Legislative Council four members to be appointed by provincial councils of Bengal, Madras, Bombay and Agra. Polity Made Easy 11

12 Indian Council Acts (Laws enacted regarding functioning of Legislative councils in India are known as Council Act) Council Act, 1861 Council Act 1892 Council Act 1909 It increased the number members in Central Legislative Councils and provincial Legislative Council. It provided for representation of Indians in viceroy s Legislative council i.e. central Legislative council which was created by Charter Act, It initiated the process of decentralization by restoring Legislative powers of Bombay and Madras Provinces. Provided for establishment of new Legislative council in the provinces of Bengal (1862), NWFP (1866) and Punjab (1897) It gave recognition to portfolio system introduced by lord Canning in It empowered viceroy to issue ordinances without the concurrence of Legislative council, during an emergency situation. Budget can be discussed but cannot be voted. Question can be asked to executives by members of Legislative Council. It made provision for indirect election of some of the members of Central Legislative Council through provincial council. However word election was not mentioned in Act. This act is also known as Morley Minto Reforms. (Lord Morley was secretary of State and Lord Minto was Viceroy of India) Communal Representation to Muslims (Separate Electorate) in central Legislative Council. Lord Minto came to be known as Father of Communal Electorate. Separate representation was given to Presidency Corporations chambers of Commerce and Zamindars. Members can now discuss budget and ask supplementary question. Membership of Central Legislative council from 16 to 60 but official majority was maintained. However non-official majority was granted in provincial Legislatures. It provided for inclusion of Indians into viceroys executive council. Satyendra Prasad Sinha become first Indian to join viceroys executive Council. Polity Made Easy 12

13 Separate representation was given to presidency corporation chambers of commerce, universities and Zamindars. Provided for establishment of election commission. Reforms Acts Government of India Act, 1919 Government of India Act, 1935 It is also known as Montague-Chelmsford Reforms Act. (Montagu Provided for establishment of All India Federation was Secretary of India where as Chelmsford was Viceroy). This Act consisting of British India (territories ruled by came into force in British) and princely States (territories ruled by princes). However this Federal provision never came into force. It separated central and provincial subjects. Subjects were divided into 3 lists i.e. Federal List, Provincial List and Concurrent List. Residuary powers (The powers which does not fall under any of Provincial subjects were divided into Reserved and Transferred. Reserved subjects were to be administered by officials where as Transferred subjects were to be administered by ministers responsible to the Legislative Council. This system came to be known as diarchy. It introduced Bicameralism i.e. two house in the Legislature. Upper house (Council of States) and Lower House (Legislative Assembly) formed the Central Legislature. the three lists) were given to the viceroy. It abolished diarchy in the provinces and introduced provincial autonomy. All the provincial subjects were to be administrated by Governor on the advice of ministers responsible to provincial Legislature. Accordingly elections were held in Diarchy was adopted at center. As the federation never came into existence diarchy of the center also remained non-enforced. Polity Made Easy 13

14 It introduced direct election for the first time. Majority Members of both the houses were chosen by direct election. However it granted limited Franchise to limited number of people on the basis of property tax or education. It required that three out of six members other than Commander and Chief of the viceroys executive council were to be Indian. Communal electorate were extended for Sikh, Indian, Christians, Anglo Indian and Europeans. New Office of High Commissioner for India was created in London and some of the functions of Secretary of India was transferred to him. Provided for establishment of public service commission. Hence central public service commission (precursor of UPSC) was established in Central and Provincial Budgets were separated. Provided for appointment of statutory commission after 10 years for review of working of this act. (Simon commission was appointed in 1927 for this purpose). Introduced Bicameralism in six out of eleven provinces. Extended separate electorates for scheduled castes, Women and Labors. It abolished council of India, established by Government of India Act, Enlarged the Franchise. Provided for establishment of Reserve Bank of India, separate Public Service Commission for Federation and Provinces and Federal Court. Polity Made Easy 14

15 Sources of the Constitution at a Glance S.N. Sources Features Borrowed 1. Government of India Act of 1935 Federal Scheme, Office of Governor, Judiciary, Public Service Commission Emergency provisions and administrative details. 2. British Constitution Parliamentary government, Rule of Law, Legislative procedure, single citizenship, cabinet system, prerogative writs, Parliamentary privileges and bicameralism. 3. US Constitution Fundamental rights, independence of judiciary, judicial review, impeachment of the President, removal of supreme court and high court judges and post of Vice President. 4. Irish Constitution Directive Principles of State Policy, nomination of members 5. Canadian Constitution Federation with a strong Center, vesting of residuary powers in the center, appointment of State governors by the Center and advisory jurisdiction of the Supreme Court. 6. Australian Constitution Concurrent List, freedom of trade, commerce and inter-course and joint sitting of the two Houses of Parliament. 7. Weimar Constitution of Germany Suspension of Fundamental Rights during Emergency. 8. Soviet Constitution (USSR, now Russia) Fundamental duties and the ideal of justice (social economic and political) in the Preamble. 9. French Constitution Republic and the ideals of liberty, equality and fraternity in the Preamble. 10. South African Constitution Procedure for amendment of the Constitution and election of members of Rajya Sabha. 11. Japanese Constitution Procedure established by Law. Polity Made Easy 15

16 DIFFERENCE BETWEEN Article Part Schedule The Constitution is divided into parts that deal with a broad, but the specific topic. Articles can be termed as rules that govern a particular subject of interest Articles also contains various sections but all are related to particular subject of interest. E.g. Article-14 - Equality 21- Right to life and liberty Individual provision of Constitution is called as Article. The word section is used for provision of an Act. There are more than 465 articles in the Constitution. Original Constitution had 395 articles. The numbering still remains the same but as and when Constitution is amended, new articles are added under original article with suffix A, B, C. E.g. Article 21 A -Right to Education E.g. Part III - Fundamental Rights. Part IV - Directive Principles of State Policy There were 22 parts in the Constitution at the time of commencement of Constitution. Several amendments have added other parts such as IV-A, IX-a, etc. Now there are 26 parts in the Constitution. It is like appendix which can be referred to while reading an article. They contain articles which are related to the list of particular item. Schedule are the auxiliary provision which could not be accommodated in one single article. Original Constitution had 8 schedules. Four more schedules were added through different amendments. Now there are 12 schedules in the Constitution of India. E.g. : Schedule 10 - Anti defection Law. Polity Made Easy 16

17 Articles Important Articles of the Constitution Deals with 1 Name and territory of the Union 3 Formation of new States and alteration of areas, boundaries or names of existing States 13 Laws inconsistent with or in derogation of the fundamental rights. 14 Equality before law 16 Equality of opportunity in matters of public employment 17 Abolition of untouchability 19 Protection of certain rights regarding freedom of speech, etc. 21 Protection of life and personal liberty 21 A Right to elementary education 25 Freedom of conscience and free profession, practice and propagation of religion 30 Right of minorities to establish and administer educational institutions 31 C Saving of laws giving effect to certain directive principles Remedies for enforcement of fundamental rights including writs 38 State to secure a social order for the promotion of welfare of the people 40 Organization of village panchayats 44 Uniform civil code for the citizens 45 Provision for early childhood care and education to children below the age of 6 years 46 Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections 50 Separation of judiciary from executive 51 Promotion of international peace and security 51A Fundamental duties 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases 74 Council of ministers to aid and advise the President 78 Duties of prime minister as respects the furnishing of information to the President, etc. 110 Definition of Money Bills Polity Made Easy 17

18 112 Annual financial Statement (Budget) 123 Power of President to promulgate ordinances during recess of Parliament 143 Power of President to consult Supreme Court 155 Appointment of governor 161 Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases 163 Council of ministers to aid and advise the governor 167 Duties of chief minister with regard to the furnishing of information to governor, etc. 169 Abolition or creation of Legislative councils in States 200 Assent to bills by governor (including reservation for President) 213 Power of governor to promulgate ordinances during recess of the State Legislature 226 Power of high courts to issue certain writs 239 AA Special provisions with respect to Delhi 249 Power of Parliament to legislate with respect to a matter in the State List in the national interest 262 Adjudication of disputes relating to waters of inter-state rivers or river valleys 263 Provisions with respect to an inter-state council 265 Taxes not to be imposed saved by authority of law 275 Grants from the Union to certain States 280 Finance Commission 300 Suits and proceedings 300 A Persons not to be deprived of property saved by authority of law (Right to property) 311 dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State 312 All-India Services 315 Public Service Commission for the Union and for the States 320 Functions of Public service commissions 323-A Administrative tribunals 324 Superintendence, direction and control of elections to be vested in an Election Commission 330 Reservation of seats for scheduled castes and scheduled tribes in the House of the People 335 Claims of scheduled castes and scheduled tribes to services and posts 352 Proclamation of Emergency (National Emergency) Polity Made Easy 18

19 356 Provisions in case of failure of Constitutional machinery in States (President s Rule) 360 Provisions as to financial emergency 365 Effect of failure to comply with, or to give effect to, directions given by the Union (President s Rule) 368 Power of Parliament to amend the Constitution and procedure therefor 370 Temporary provisions with respect to the State of Jammu and Kashmir Parts of the Constitution Parts Subject Matter Articles Covered I The Union and its territory 1 to 4 II Citizenship 5 to 11 III Fundamental Rights 12 to 35 IV Directive Principles of State Policy 36 to 51 IV-A Fundamental Duties 51 A V The Union Government 52 to 151 VI The State Governments 152 to 237 VIII The Union Territories 239 to 242 IX The Panchayats 243 to IX-A The Municipalities 243-P to 243-ZG IX-B Co-operative societies 243-ZH to 243-ZT X The Scheduled and Tribal Areas 244 to 244-A XI Relations between the Union and the States 245 to 263 XII Finance, Property, Contracts and Suits 264 to 300-A XIII Trade, Commerce and Intercourse within the Territory of India 301 to 307 XIV Services under the Union and the States 308 to 323 XIV-A Tribunals 323-A to 323-B XV Elections 324 to 329-A XVI Special Provisions relating to SCs, STs, OBCs and Anglo-Indians 330 to 342 Polity Made Easy 19

20 XVII Official Language 343 to 351 XVIII Emergency Provisions 352 to 360 XIX Miscellaneous 361 to 367 XX Amendment of the Constitution 368 XXI Temporary, Transitional and Special Provisions 369 to 392 XXII Short title, Commencement, Authoritative Tex in Hindi and Repeals 393 to 395 SCHEDULES Numbers Subject Matter Articles Covered First Schedule 1. Names of the States and their territorial jurisdiction 1 and 4 2. Names of the Union Territories and their extent Second Schedule Provisions relating to the emoluments, allowances, privileges and so on of President, Governor of States Speaker and deputy speaker of Loksabha, Chairman and Deputy Chairman of Rajyasabha, Judges of Supreme Court and High Court, CAG, etc. 59, 65, 75, 97, 125, 148, 158, 164, 186 & 221 Third Schedule Forms of Oaths or Affirmation 75, 84, 99, 124, 146, 173, 188, 219, Fourth Schedule Allocation of seats in the Rajyasabha to the States and the union territories 4 & 80 Fifth Schedule Sixth Schedule Provisions relating to the administration and control of scheduled areas and scheduled tribes. Provisions relating to the administration of tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram & 275 Seventh Schedule Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List). Presently, the Union List contains 100 subjects (originally 97), the State list contains 61 subjects (originally 66) and the concurrent list contains 52 subjects (originally 47). 246 Polity Made Easy 20

21 Eight Schedule Languages recognized by the Constitution. Originally, it had 14 languages but presently there are 22 languages. Ninth Schedule Acts and Regulations (originally 13 but presently 282) of the State Legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters. This schedule was added by the 1 st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However in 2007, the Supreme court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review. Tenth Schedule Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection. This schedule was added by the 52th Amendment Act of 1985, also known as Anti-defection Law. Eleventh Specifies the powers, authority and responsibilities of Panchayats. It has 29 matters. Schedule This schedule was added by the 73 rd Amendment Act of Twelfth Schedule Specifies the powers, authority and responsibilities of Municipalities. It has 18 matters. This schedule was added by the 74 th Amendment Act of & B 102 & H 243-W Polity Made Easy 21

22 DIFFERENCE BETWEEN Federation Independent States / province come together and form the Federation. Provinces or States have right to secede/exit from the federation. E.g. U.S.A. Union Formation of Union is not result of independent Statescoming together. The territory already forms one nation.they are divided into States or provinces administrative convenience. Provinces or States do not have right to secede/exist from the union or nation. E.g. India. DIFFERENCE BETWEEN Territory of India It includes all the territories belong to a nation. Territory of India includes territories of States and Union Territories and territories acquired from foreign territory if any. Union of India It includes territories only of States and not the Union Territories. Union of India consists less area than territories of India. Polity Made Easy 22

23 Difference Types of Rights Point of Difference Meaning Scope Basic Principal Guarantee Enforcement Human Rights Fundamental Rights Legal Rights Human Rights are the basic rights that all the human beings can enjoy, no matter where they live, what they do. These are universal. Available against State and individuals. Every person must enjoy dignified life as he or she is born as Human Being. It is accepted as basic rights but their implementation is not guaranteed. Non-enforceable by court of law of the nation. If a nation includes human right in fundamental or legal rights then they become judicially enforceable. Fundamental Rights means the primary rights of the citizens which are justifiable and specified in the Constitution. Fundamental rights cannot be altered or taken away easily. It is country specific. Available only against the State. It is country specific. Available only against the State. Their implementation is guaranteed. Supreme Court in India is guarantor of Fundamental Rights. Enforceable by court of law in that country. E.g. Supreme Court and High Court in India, fundamental law came into force automatically. Enactment of law is not needed for implementation of fundamental rights. Legal rights are rights given and protected by particular law, but they can be altered or taken away by the Legislature by making changes in the law. A person has to move to ordinary court violation of legal right. A person has to move to ordinary court violation of legal right. These are guaranteed under particular law. Person who s legal rights are violated can approach ordinary court. These are enforceable by ordinary court of law. Legal right came into force only if it is mentioned in the law passed by Legislature. Polity Made Easy 23

24 FUNDAMENTAL RIGHTS (Article 12 to Article 35) Right to Equality (Article 14 to 18) 14 - Equality before Law 15-Prohibition of Discrimination 16-Equality of opportunity in public employment 17-Abolition of untouchability Right to Freedom (Article 19 to 22) 19- Freedom of speech and expression 20-Protection in respect of conviction for offence 21-Right of Life and Liberty 21A- Right to education Right against Exploitation Freedom of Religion (Article 23,24) (Article 25 to28) 23-Prohibition of traffic in Human beings and forced labour. 24-Prohibition of Employment of Children in factories etc. 25-Freedom of conscience and free profession, practice and propagation of religion. 26-Freedom to manage Religious Affairs 27-Freedom from Taxation for Promotion of a religion Cultural and Educational Rights Right to Constitutional Remedies Other rights (Article 29,30) (Article 32) (Article33 to35) 29-Protection of rights of minorities. 30- Right of minorities to establish and Administer Educational Institution Under Article 32 any person who s Fundamental right is violated can directly approach to Supreme Court of India. Court issues any of the following writ upon such plea 1.Habeas corpus Have a Body. 2.Mandamus- We command. 3.Prohibition- To Forbid 33- To restrict or abrogate Fundamental rights of the armed forces. 34- Restriction of fundamental rights while martial law 35- Giving effect to certain fundamental rights. Polity Made Easy 24

25 18-Abolition Titles 22-Protection against arbitrary Arrest Article 28- Freedom from Attending Religious Institution 4.Certiorari- Transfer of Case 5.Quo Warrants- by what authority NOTE : Article 12 : It provides definition of State. Article 13 : It States that any law inconsistent with fundamental rights shall be null and void. Right to property is now legal right and not a fundamental right. Most of the fundamental do not require enactment of law for their enforcement. In some case where law is needed, it can on be enacted by Parliament. State Legislature have no role to play in effecting fundamental rights through law. Polity Made Easy 25

26 Availability Fundamental Rights FR available only to citizens and not to foreigners Prohibition of discrimination on ground of religion, race, caste, sex or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16) Protection of six rights regarding freedom of : (i)speech and expression, (ii) Assembly, (iii)association, (iv) movement, (v) residence and (vi) profession (Article 19) Protection of language, script and culture of minorities (Article 29) Right of minorities to establish and administer educational institutions ( Article 30) FR available to both citizens and foreigners (except enemy aliens) Equality before law and equal protection of laws (Article 14) Protection in respect of conviction for offences (Article 20) Protection of life and personal liberty ( Article 21) Right to elementary education (Article 21A) Protection against arrest and detention in certain areas (Article 22) Prohibition of traffic in human being and forced labour (article 23) Prohibition of employment of children in factories etc. (Article 24) Freedom of conscience and free profession, practice and propagation of religion (Article 25) Freedom to manage religious affairs (Article 26) Freedom from payment of taxes for promotion of any religion (Article 27) Freedom from attending religious instruction or worship in certain educational institutions ( Article 28) Polity Made Easy 26

27 Martial Law Vs. National Emergency S.N. Martial Law National Emergency 1. It affects only Fundamental Rights It affects not only Fundamental Rights but also Center- State relations, distribution of revenues and Legislative powers between Center and States and may extend the tenure of the Parliament. 2. It suspends the government and ordinary law courts. Position of the government and ordinary law courts in unaffected. 3. It is imposed to restore the breakdown of law and order due to any reason. It can be imposed only on three grounds-war, external aggression or armed rebellion. 4. It is imposed in some specific area of the country. It is imposed either in the whole country or in any part of it. 5. It has no specific provision in the Constitution. It is implicit. It has specific and detailed provision in the Constitution. It is explicit. Polity Made Easy 27

28 Article 38 - State shall promote welfare of people by securing social order permeated by justice-social, economic and political and to minimize. These principles reflect the ideology of socialism. They lay down the framework of a democratic socialist State, aim at providing social and economic justice and set the path towards welfare State. They direct the State : 1. To promote the welfare of the people by securing a social order permeated by justice-social, economic and political and to minimize inequalities in income, status, facilities and opportunities Classification of Directive Principles of State Policy Socialist Principle Gandhian Principles Liberal / Intellectual Principles These principles are based on The principles included in this category Gandhian ideology. They represent represent the ideology of liberalism. the programme of reconstruction enunciated by Gandhiji during the national movement. In order to fulfill the dreams of Gandhi, some of ideas were included as Directive Principles. (Article 38). 2. To secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution of material resources of the community for the common good; (c) prevention of concentration of wealth and means of production; (d) equal pay for equal work for men and women; (e) preservation of the health and strength of workers and children against forcible abuse; and They direct the State : 1. To organize village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government (Article 40) 2. To promote cottage industries on an individual or co-operation basis in rural areas (Article 43) They direct the State : 1. To secure for all citizens a uniform civil code throughout the country ( Article 44). 2. To provide early childhood care and education for all children until they complete the age of six year (Article 45) Polity Made Easy 28

29 (f)opportunities for healthy development of children (Article 39). 3. To promote equal justice and to provide free legal aid to the poor (Article 39A) 4. To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (Article 41). 5. To make provision for just and humane conditions for work and maternity relief (Article 42) 6. To secure a living wage, a decent standard of life and social and cultural opportunities for all workers (Article 43) 7. To take steps to secure the participation of workers in the management of industries (Article 43 A) 8. to raise the level of nutrition and the standard of living of people and to improve public health (Article 47) 3. To promote voluntary formation, autonomous functioning, democratic control and professional management of Co-operative Societies (43 B) 4. To promote the educational and economic interests of SCs, STs and other weaker sections of the society and to protect them from social injustice and exploitation (Article 46) 5. To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Article 47) 6. To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds (Article 48) 3. To organize agriculture and animal husbandry on modern and scientific lines (Article 48). 4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A) 5. To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance (Article 49) 6. To separate the judiciary from the executive in the public services of the State (Article 50). 7. To promote international peace and security and maintain just and honorable relations between nations; to foster respect for international law and treaty settlement of international disputes by arbitration (Article 51) Polity Made Easy 29

30 LAW Meaning Constitution Law Rules The system of Rules which a particular country or community recognizes as regulating action of its members and which it may enforce by imposition of penalties or punishment. Laws are passed by Legislature under the authority given by the Constitution. E.g. G.S.T Act, Right to Education Act Constitution is collection of fundamental law of land. It is also a law but a fundamental law. It is above ordinary law. E.g. Constitution of India Legislature makes law only in broad skeletal form. Then executives fill up the minor technical details when Legislature delegates its authority of making rules of law to someone else it is called as rules. Rules are part of law and have to be submitted to Legislature for approval. Other name Utility Alteration Basis It is also called Constitutional Law It defines relationship between different organs of the State and between citizens and State Alteration or change in the Constitution is difficult. It may require special majority of the Legislature. It is enacted generally at the time of foundation of a nation. E.g. Constitution of India was enacted in 1950 when India was declared as Republic. It is also called as Statutory Law or Statue It lays down the rules which will govern particular subject E.g. G.S.T. Alteration, amendment or reappealing of law is easy. It requires majority support of the house of Legislature. Laws are enacted on the basis of powers given by the Constitution. E.g. Constitution empowers the Government to impose taxes on goods and service. On the basis of this GST Act 2016 was passed. It is also called delegated Legislations or subordinate legislation. Rules are made for actual implementation of law. Rules can be altered, amended or repealed by executive order hence it is very easy. Rules are framed by executive on the basis of powers given by Legislature for particular law. Polity Made Easy 30

31 Types of Amendment (To The Constitution of India) Not Provided under Constitution Provided under Constitution (Article 368) Simple Majority Special Majority Special Majority of Parliament and Ratification of half of the State Legislature. Meaning Simple majority means majority support (50%+1) of members present and voting the house at the time of voting. Amendment by this type is not considered as amendment as such. E.g. Suppose if 200 members are present in LokSabha but only 180 are voting. In order to pass the amendment by simple majority the bill requires support of minimum 91 members (majority of 180) Special majority has two components. One majority must be absolute majority of the house and second it must be a majority of two-third of membership of the house. Absolute majority means majority of the total strength of the house. Total strength of Loksabha is 545. Absolute majority will be Suppose only 360 members are present. All of them are voting. If This type of amendment has to be passed by Parliament with special majority and after approved by Parliament it must also be passed by half of the State Legislatures by simple majority. The moment half of the State Legislature give their consent Constitution stands amended irrespective of whether remaining States pass it or not. Those provision of Constitution which are related to Federal structure and provisions which give some sort of powers and rights to States have to be amended by this way. Polity Made Easy 31

32 Provisions that can be amended 1. Admission or establishment of new States. 2. Formation of new States and alteration of areas, boundaries or names of existing States. 3. Abolition or creation of Legislative councils in States. 4. Second Schedule- emoluments, allowances, privileges and so on of the President the Governors, the Speakers, Judges, etc. 5. Quorum in Parliament. 6. Salaries and allowances of the members of Parliament. Amendment bill gets support of 2/3 rd of 360 members, it is 240. In this case amendment will not be passed as it does not full fill the condition of absolute majority. 2. Suppose 500 members are present in the house but only 450 are voting. If it gets support of 2/3 rd of the members i.e. 300, in this case amendment will be passed. It fulfills both the criteria i.e. support must be 2/3 rd of present and voting and it must not be less than absolute majority (273) of the house. 1. Fundamental rights. 2. Directive principles of State Policy. 3. All other provisions of the Constitution which are not covered by simple majority type or special majority and ratification of half of the States types. 1. Election of the President and its manner. 2. Extent of the executive power of the Union and the States. 3. Supreme Court and High Courts. 4. Distribution of Legislative powers between the Union and the States. 5. Any of the lists in the Seventh Schedule. 6. Representation of States in Parliament. 7. Power of Parliament to amend the Constitution and its procedure (Article 368 itself). Polity Made Easy 32

33 7. Rules of procedure in Parliament. 8. Privileges of the Parliament, its members and its committees. 9. Use of English language in Parliament. 10.Number of puisne judges in the Supreme Court. 11.Conferment of more jurisdiction on the Supreme Court. 12. Use of official language 13. Citizenship 14. Elections of Parliament and State Legislature. 15.Delimitation of Constituencies 16. Union Territories. General Rules for Amendment to Constitution of India (Article 368) : - a bill for amendment of the Constitution is passed in a same way as other bill in the Parliament, subject to conditions of majority support required. - It can be Government bill or private member s bill. - An amendment bill can be initiated only in Parliament and not State Legislature. Only in one exceptional case the process can be initiated by State Legislature i.e. creation or abolition of State Legislature Council. In this case also State Legislature just passes the resolution demanding creation or abolition of council. The amendment bill is introduced in Parliament only. - Every bill seeks to amend Constitution must be passed by each house of Parliament separately according to majority required. The provision of joint session of Parliament is not applicable in case of Constitution Amendment Bill. - Prior approval of the President is not required for introduction of Constitution Amendment Bill. - Once amendment bill is passed in required manner it is sent to President for his assent. President must give his assent to the bill. He can neither withhold nor return the bill for reconsideration of Parliament. Polity Made Easy 33

34 Emergency Provisions Difference Between Point of Difference Grounds of Declaration National Emergency (Article 352) It can be declared on the grounds of war, external aggression or internal armed rebellion. National Emergency can be declared on the occurrence of such event or even before actual occurrence of the event; if the President is satisfied of imminent danger. Third ground i.e. internal disturbances was replaced by internal armed rebellion by 44 th Amendment Act 1978 due to its vagueness and possible misuse. Who can President of India on the written declare it recommendation of cabinet. Application Proclamation of national Emergency may be applicable to entire country or only part of it. Parliament The proclamation must be approved by both ary houses of Parliament within one month of Approval its issue. Originally the period of Approval was 2 months. It was reduced to 1 month by 44 th Amendment Act,1978. Such State Emergency or President Rule (Article 356) Financial Emergency (Article 360) Under Article President is Financial emergency is empowered to impose Presidents declared when rule in the State if he is satisfied that financial stability or situation has arisen in which State credit of India or any cannot function in accordance with part of its territory is the provisions of the Constitution. threatened. He can do so upon receiving report of the governor or without it. Under Article If Statefailed to comply with the direction given by the center it would be appropriate for the President to consider that State Government cannot function as per provisions of the constitution and he can impose President rule. It is declared by President It is declared by President. It is applicable to only that particular It is applicable to entire State country. A proclamation imposing Presidents A proclamation of rule must be approved by both the financial emergency houses of Parliament within two must be approved by months of date of its issue each house of Parliament separately. Polity Made Easy 34

35 proclamation must be approved by both the houses of Parliament separately. Majority Every resolution proclaiming national emergency or its continuance must be approved by special majority of both the houses of Parliament separately. Original Constitution provided that such resolution shall be passed by simple majority. 44 th Amendment Act, 1978 changed it to special majority. Duration Once approved it can continue for maximum six months Renewal It has to be renewed every six months. There are no limitation on number of renewals, however it can be renewed for six months at a time. Revocation 1) It can be revoked by President any time. Revocation by President does not require Parliamentary approval. 2) If Loksabha disapproves resolution of continuation of national emergency. A proclamation approving Presidents Rule needs to be passed by both houses of Parliament by simple majority. Both houses must pass it separately. Once approved it can continue for maximum six months It has to be renewed every six months. It can be extended for maximum 3 years but needs a renewal every six months. It can be extended beyond one year only if national emergency is in operation or election commission certify that general election for State Assembly cannot be held. It can be revoked any time by the President. Revocation does not need Parliamentary approval. A proclamation approving financial emergency needs to be passed by simple majority of both houses of Parliament separately. Once approved, financial emergency continues indefinitely till it is revoked. There is no need of repeated Parliamentary approval for continuation of financial emergency. A proclamation of financial emergency may be revoked by the President at any time by issuing such proclamation. Polity Made Easy 35

36 3) If one tenth members of Loksabha gives written notice to the speakers a special sitting of the house should be held within 14 days for consideration of resolution disapproving the continuation of the proclamation. This provision was added by 44 th amendment act, Resolution of disapproval solution is required to be passed by Loksabha only and it requires simple majority. Effects on Center State Relation Center becomes entitled to give executive direction to States on any matter. Thus the State Government s are brought under complete control of the center, though they are not suspended. Parliament is empowered to make law on any subject of the State list. Although the Legislative power of State Legislature is not suspended, it becomes subject to overriding powers of the Parliament. The laws made by Parliament during such period become inoperative six months after the emergency has ceased to operate similarly President can issue ordinance many subject of the State List. State executives are dismissed. The State Governor, on behalf of the President, carries on the State administration with help of Chief Secretary of the State or the advisors appointed by the President. President either suspends or dissolves State Legislative Assembly. Parliament passes the State Legislative bills and budgets. The laws made by President, Parliament or any other authority continues to operate even after Presidents Rule. But it can be replaced or altered or re-enacted by State Legislature. Center can issue direction to States to reduce salaries and allowances of any class person serving in the State; to reserve all money bills or other financial bill for the consideration of the President. President may issue directions for the reduction of salaries and allowances of all or any member serving in the union, judges of supreme court and high court. Polity Made Easy 36

37 Effects on- Fundament al Rights Scope Judicial Review of Tenure of Loksabha can be extended beyond normal tenure of 5 years for one year at a time for any length of time. Similarly Parliament may extend the tenure of State Legislature by one year each time for any length of time. In both above cases extension cannot continue beyond the period of six months after the emergency ceased to operate. Fundamental rights under Articles 19 can be suspended only when national emergency is proclaimed on the grounds of external aggression and not on the grounds of internal armed rebellion. Fundamental rights are not suspended as such. Only its enforcement is suspended. Articles 20 and 21 are not suspended under any circumstances. Proclamation of national emergency is also subject to judicial review. Powers and functions of State high court remain intact even during operation of President s Rule. The State Legislative Assembly is either suspended or dissolved by the President. President s Rule have no effect on the fundamental rights. Fundamental rights remains with the citizen. It remain enforceable by court of law. After S.R. Bommai Case (19940 Presidents Rule is subject to judicial review. Proclamation of financial emergency has no effect on the fundamental rights. Proclamation of financial emergency is subject to judicial review. Polity Made Easy 37

38 President of India Electoral College (Voters who votes for the election of President is called Electoral College) Who can Vote Elected members of Parliament (233 of Rajyasabha of Loksabha. Elected members of the Legislative assemblies of the States and union territories of Delhi and Pondicherry Who cannot Vote Nominated members of both the houses of Parliament. (12 of Rajyasabha + 2 of Loksabha) Nominated members of Legislative assemblies of States and union territories of Delhi and Pondicherry. ( One Anglo Indian member in each Assembly) Members of State Legislative Council whether elected or nominated. Point of difference Meaning First Past The Post Types of Voting It is one electoral system in which the candidate who gets maximum number of votes gets elected in a single member constituency. Proportional Representation System Under this system votes instead of voting to one candidate gives their preference order. Their vote is allotted to their first preference and if no one emerges with majority, the candidate which received least number of votes is removed from consideration and second choice of those who voted for him are taken into consideration. This process continues till winner emerges with majority of 50% + one vote. Other Name Simple majority system Single Transferable vote system Criteria for winning Candidate A candidate who secures even one extra vote than all other candidates is considered as winner In order to win election candidate must secure fifty percent plus one vote of the total votes polled. Polity Made Easy 38

39 Use in India Area of a constituency For elections of following - Members of Loksabha and State Legislative Assembly - Members of Local Bodies Entire country is segregated into smaller geographical/ territorial units, which is called as constituency. For the elections of following - President and Vice President of India. - Members of Rajyasbha. - Members of State Legislative Council. Large geographical territorial area forms one constituency. Merit System is very simple Proportional representation to different parties on the basis of votes they polled. Demerit Winning candidate often does not represent the majority votes The system is very complicated and not suitable where number of votes are very large and voters are illiterate. Procedure for Impeachment of the President of India (Article 61) President can be impeached only on the ground of violation of Constitution A Notice has to be submitted to either house of Parliament. Such notice has to be signed by not less than one fourth of the total membership of the house. (Suppose such notice is given to a speaker of Loksabha. It must be signed by minimum 137 members i.e. 1/4 th of 545.) Speaker of Loksabha serves 14 days notice of President. After 14 days motion for the impeachment is moved in the house. Motion of impeachment should be passed by two third majority of the total membership of the house irrespective of vacancies or abstentions. Polity Made Easy 39

40 If motion is passed by first house, Loksabha in this case, then motion is sent to other house i.e. Rajyasabha. The other house investigates such charges. President of India will have right to appear or be represented through Attorney General or any other person of his choice before investigating committee. If the other house also passes the motion of impeachment with 2/3 rd majority of the total membership of the house. President stands impeached from that movement. Comparison between Election procedure and impeachment procedure of the President Election Procedure It is a democratic process Only elected members of Parliament votes for election of the President. Nominated members of Parliament do not vote in election process. Only members of State Legislative assemblies votes in election. Members of Legislative council do not vote in election. Proportional representation system of voting is used for the election of President. Simple majority i.e. 50 % plus votes are required in order to win the election. If person gets elected, he does not become President immediately. He have to take oath of office of President. Impeachment Procedure It is a quasi judicial process. Both, elected as well as nominated members of Parliament vote in the impeachment process. Neither members of Legislative council nor Legislative Assembly takes part in the impeachment process. First past the post system is used during impeachment process. It means value of vote of all the voters is same. Motion of impeachment can be passed only by absolute 2/3 rd majority of total membership of the house. If the motion of impeachment is passed by the President stands impeached from the same movement. Polity Made Easy 40

41 Options available to President with respect to bills passed by Legislature when bill is sent for his assent Give his assent Withhold his assent Return the bill for reconsideration In this situation bill will not become act, until it receives assent of the President. If the President gives his assent bill becomes Act. Veto Powers of the President If President have any doubt or suspicious with respect to bill submitted for his assent, he can return the bill to Parliament for its reconsideration. If the bill is passed by Parliament with or without changes, President must give his assent. Point of Difference Absolute Veto Qualified Veto Suspensive Veto Pocket Veto Meaning If the President If the President uses If the President have any doubt When President neither withholds his assent to veto power with respect or suspicion regarding bill gives his consent nor a bill passed by to bill passed by passed by Parliament he can withhold nor rejects to Legislature it is called Legislature. Legislature send it back to Parliament for its the bill, but simply as absolute veto. In this can override the reconsideration. This power of keeps it pending for case bill ends there and Qualified Veto by President is known as indefinite period. It is does not become act. passing the same bill with higher majority. suspensive veto. called as Pocket Veto. Application This Veto is not under Indian Constitution available to President of India - Private Members Bill -Government bill when cabinet resigns. -State Bill which is reserved by Governor of State for consideration of President under article 200. If Parliament passes the bill with or without changes, President must give his assent. This Veto is overridden by simple majority. Ordinary bills. Can be used by President in case of ordinary bill and bill of States Polity Made Easy 41

42 Note Available with respect to Constitutional Amendment Bill Not available in any case - Constitutional Amendment Bill - Money Bill - Constitutional Amendment Bill - Money Bill Comparison of President of India and Governor of a State President of India Governor Article Article 52 Article 153 Position Head of the State i.e. Head of the Country Head of a State of a Union i.e. Head of Province. Status Nominal Head and Constitutional Head of the State Nominal Head and Constitutional Head a State of Union/ Province Election/ Elected by members of Parliament and State Legislative Appointed by the President on the advice of Prime Minister. Appointment Assemblies & UT s of Delhi and Pondicherry With his Council of Minister Tenure 5 years 5 years No. of Term President can be re-elected for any number of terms Governor can be re-appointed for any number of terms. Additionally Governor can be transferred or made Governor of two States simultaneously. Oath Oath administered by Chief Justice of India Oath administered by Chief Justice of High Court of Qualification 1) Head should be citizen of India 2) He should have completed 35 years of age 3) He should be qualified for election as a member of the Loksabha. 4) He should not hold any office of Profit. Removal - The process of removing President from his office is called as Impeachment. concerned State. 1) He should not be member of either house of Parliament or State Legislature. if a member of any house is appointed as the Governor; he is deemed to have vacated his seat in that house. 2) He should not hold any office of Profit. The constitution does not lay down any grounds upon which a governor may be removed by President. Polity Made Easy 42

43 Discretionary Power Position during Emergency - Impeachment motion must be passed by two third majority of the absolute membership of each house of the Parliament separately. President has not constitutional discretion. He have some situation discretions. 1) Appointment of Prime Minister when no party has clear majority in the Loksabha or office of Prime Minister suddenly falls vacant upon death of Prime Minister. 2) Dismissal of Council of Minister if it looses confidence of Loksabha. 3) Dissolution of the Loksabha if Council of Minister has lost its majority. - Emergency can be declared only by President. - Powers of the President remains the same even during operation of any emergency. He cannot function independently. He has to function on the aid and advice of Central Council of Minister. Governor enjoys following constitutional discretion. 1) Reservation of a bill for the consideration of the President (Article 200) 2) Recommendation for the imposition of the Presidents Rule in the State. 3) While exercising his functions as the administrator of the adjoining union territory. 4) Securing information from the Chief Minister with regards to the administrative and legislative matter of the State. In addition to constitutional discretion Governor enjoys same situational discretion as President of India. - Governor cannot declare emergency. -During Presidents rule, State Governor on behalf of President, carries on the state administration with the help of Chief Secretary of the State or advisors appointed by the President. Polity Made Easy 43

44 Pardoning Power of The President (Article 72) Pardon Commutation Remission Respite Reprive It completely It denotes the It implies reduction in It denotes awarding lesser It implies a stay of the absolves the substitution of one the period without sentence in place of one execution of a sentence convict from all form of punishment to changing its character. originally awarded due to (especially that of death sentences and lighter form. E.g. E.g.Rigorous some special facts such as sentence) for temporary punishment by Commuting death imprisonment can be physical disability of period. removing sentence and conviction sentence to Rigorous imprisonment changed to less period of rigorous imprisonment. convict or pregnancy of women offender. Comparing pardoning Powers of President and Governor S.No. President Governor 1. He can pardon, reprieve, respite, remit, suspend or commute the punishment or sentence of any person convicted of any offence against a Central Law. against a State Law. 2. He can pardon, reprieve, respite, remit, suspend or commute a death sentence. He is the only authority to pardon a death sentence. 3. He can grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial (military court). He can pardon, reprieve, respite, remit, suspend or commute the punishment or sentences of any person convicted of any offence He cannot pardon a death sentence. Even if a State law prescribes for death sentence, the power to grant pardon lies with the President and not the governor. But, the governor can suspend, remit or commute a death sentence. He does not possess any power with respect to court martial. Polity Made Easy 44

45 Usually senior and experienced members of party or parties forming the Government are appointed by President of India/Governor as Cabinet Ministers. Usually they are given the charge of important ministry. Categories of Ministers Cabinet Ministers Minister of State Deputy Minister These are considered as Junior Ministers and have less importance compared to Cabinet Ministers. No. of Cabinet Ministers is not fix. Prime Minister/Chief Minister recommends Presidents/Governor as per his vision and requirement of the Government. Cabinet usually meets once a week only cabinet ministers takes part in meetings hence it is also called as cabinet meeting. Other categories of minister do not take part in cabinet meeting. Cabinet plays central part in policy formulation and decision making. Their salaries and allowances are determined by act of Parliament/State Legislature. They are attached to cabinet ministers or sometimes given independent charge of some ministry. No. of ministers is also not fixed. It is decided by Prime Minister/Chief Minister time to time. They do not generally, take part in cabinet meeting. They can do so only on the invitation of Prime Minister. Even though they do not take part in cabinet meeting decisions taken by cabinet are binding on them. They implement the decision taken by the cabinet. Their salaries and allowances are similar to cabinet ministers. They are not given the independent charge of ministry or department. They are attached to the cabinet ministers or ministers of State to assist them. No. of deputy ministers is also not fix, prime minister/chief minister appoints them as per requirement. They do not take part in the meeting of cabinet. They assist their superior ministers in their administrative, political, Parliamentary duties. Their salaries and allowances are usually less than minister of State. Polity Made Easy 45

46 Council of Ministers It is a bigger body consisting of approximately 60 to 70 ministers. It includes all the three categories of ministers, that is. It does not meet, as a body, to transact government business. It has no collective functions. It is vested with all powers but in theory. Its functions are determined by the cabinet. It implements the decision taken by the cabinet. It is a Constitutional Body, dealt in details by the Articles 74 and 75 of the Constitution. Its size and classification are, however, not mentioned in the Constitution. Its size is determined by the Prime Minister according to the exigencies of the time and requirements of the situation. Its classification into a three-tier body is based on the conventions of Parliamentary government as developed in Britain. It has, however, got a Legislative sanction. Thus, the Salaries and Allowances act of 1952 defines a minister as a member of the council of ministers, by whatever name called, and includes a deputy minister. It is collectively responsible to the Lower House of the Parliament. Difference between Council of Minister and Cabinet Cabinet It is a smaller body consisting of 15 to 20 ministers. It includes the cabinet ministers only. Thus, it is a part of the council of ministers. It meets frequently and usually once in a week to deliberate and take decisions regarding the transaction of government business. Thus, it has collective functions. It exercises, in practice, the powers of the council of ministers and thus, acts for the latter. It directs the council of ministers by taking policy decisions which are binding on all ministers. It supervises the implementation of its decisions by the council of ministers. It was inserted in Article 352 of the Constitution in 1978 by the 44 th Constitutional Amendment Act. Now also, Article 352 only defines the cabinet saying that it is the council consisting of the prime minister and other ministers of cabinet rank appointed under Article 75 and does not describe its powers and functions. In other words, its role in our politico-administrative system is based on the conventions of Parliamentary government as developed in Britain. It enforces the collective responsibility of the council of ministers to the Lower House of Parliament. Polity Made Easy 46

47 Comparison of Rajyasabha and Loksabha Rajyasabha Representation It represents the States of Union of India Status - It is upper house of Indian Parliament. Election - Members of Rajyasabha are elected by members of State Legislative assembly by proportional representation system. -Each member has to take oath of the office. Composition 250 (238-Representing State while 12 nominated by President) Present Strength Tenure of the house Reservation Qualification Special Powers 245 (233 representing States and UT s of Delhi and Pondicherry and 12 are nominated by President. It is permanent house. Each member have 6 years tenure.1/3 rd members retires every two years. There is no reservation for SC s ST s in Rajyasabha. - He must be a citizen of India. - He must be not less than 30 years of age. - He must be an elector in any of the Parliamentary constituency in India. - Rajyasabha can authorize Parliament to make a law on a subject enumerated in the State list (Article 249) - It can authorize Parliament to create new All India Services common to both the Center and Loksabha It represents the citizens of India. - It is lower house of Indian Parliament. - Members of Loksabha are elected by the citizens of India by first past the post system from territorial constituency. - Each member have to take oath of the office. 552 (550 to be elected from territorial constituencies from across the nation and 2 members nominated by President from Anglo Indian Community. 545 (543 elected by citizens and 2 are nominated by the President from Anglo Indian Community). It is non-permanent house i.e. the house is dissolved after completion of its tenure. The tenure of house and its members is 5 years. SC s and ST s get reservation for the membership of Loksabha in proportion of their population. - He must be citizen of India. - He must not be less than 25 years of age. - He must be an elector in any of the Parliamentary Constituency in India. - A money bill can be introduced only in Loksabha. - Speaker of the Loksabha decides whether particular bill is money bill or not. - The speaker of Loksabha presides over the joint sitting of the Parliament. Polity Made Easy 47

48 Presiding Officer States (Article 312) - A resolution seeks to remove Vice President of India who is ex-officio chairman of Rajyasabha can only be introduced in Rajyasabha. - Vice President of India is ex-officio chairman of Rajyasabha. - Deputy Chairman is elected from among the members of the house. - There is no concept of speaker pro-term. - A resolution for discontinuance of national emergency can be passed only by Loksabha and not by Rajyasabha. - Confidence motion, no-confidence motion and adjournment motion can only be introduced in Loksabha. - Both the speaker and deputy speaker are elected from among the members of the house. - Speaker pro-term administers the oath of office to the members of newly elected house. Comparison of Rajyasabha and State Legislative Council Points of Rajyasabha Comparison Representation It represents states of the union in Parliament. Status Constitutional Provisions Composition It is upper house of Parliament. It is permanent house i.e. it cannot be dissolved. Article 79 to 122 (Same for Rajyasbha and Loksabha) Existence of this house is guaranteed by the Constitution. Constitution fixes the strength of Rajyasbha at maximum 250, 238 representing states and union territory s of Delhi and Pondicherry and 12 are nominated by the President. The present strength State Legislative Council It represents various interest groups in that State. E.g. Graduates, Teachers, Local Bodies etc. It is upper house of State Legislature. It is also permanent house i.e. It cannot be dissolved. Article 162 to 212 (Same for Legislative assembly and council) This house may exist or may not exist in particular State. It s existence depends on will of the State Legislative Assembly. As of 2014 only seven states have the council. The maximum strength of the council is fixed at one third of the total strength of the assembly and the minimum strength is fixed at 40. The minimum strength criteria is not applicable to J & K. J & K Legislative council has 36 Polity Made Easy 48

49 Election Members Qualifications Presiding Officer Power and functions of the house Status compare to Lower House Language in the house of Rajyasbha is 245. Elections are conducted by Election Commission of India by using proportional representation through single transferable vote system. Members are called Members of Parliament (MP) 1) He must be citizen of India. 2) He should have completed 30 years of age. 3) He must possess other qualifications prescribed by Parliament. Vice-President of India is ex-officio, Chairman of Rajyasbha. It means whoever is Vice President will automatically become Chairman of Rajyasabha. It legislates on subjects mentioned in union list and concurrent list. It can also authorize Parliament to legislate on subject in state list in special cases. The Rajyasabha has equal powers with Loksabha in all spheres except financial matters and with regards to the control over Government. The constitution has declared Hindi and English as languages of business in the house. Presiding Officer can permit a member to speak in his mother tongue. members. The actual strength of council is fixed by Parliament. Elections are conducted by Election Commission of India by using proportion representation through single transferable vote system. Members are called Members of State Legislative Council (MLC) 1) He must be citizens of India. 2) He should have completed 30 years of age. 3) He must possess other qualifications prescribed by Parliament. In a state there is no corresponding post to Vice-President. Hence, Chairman of the Council is elected from amongst the members of the house. It legislates on the subjects mentioned in the state list and concurrent list. The position of council vis-à-vis the assembly is much weaker than the position of the Rajyasabha vis-à-vis Loksabha. The constitution has declared the official languages of the State or Hindi or English as language of business in the house. Presiding officer can permit a member to speak in his mother tongue. Polity Made Easy 49

50 Comparison of Loksabha and State Legislative Assembly Loksabha State Legislative Assembly Representation It represents citizens of entire India It represents citizens of that particular state. Constitutional Provisions Article 79 to 122 (Same for Rajyasabha and Loksabha) Article 162 to 212 (Same for Legislative Council and Legislative Assembly) Composition Maximum strength of Loksabha is fixed at Strength of legislative assembly varies according to its 530-Elected from States. population. The minimum strength is 60 where as 20-Elected from Union Territories. maximum is Nominated by President from Anglo-Indian Community. - Governor can nominate one member, Anglo-Indian community on the Legislative Assembly. Elections Elections are conducted by Election Commission of India. Using first past the post system. Elections are conducted by Election Commission of India. Using first past the post system. Manner of election Directly elected by people of entire India from territorial constituency. Directly elected by the people of State / province from territorial constituency. Qualifications for membership 1) He must be citizen of India. 2) He must have completed 25 years of age. 3) He should not hold office of profit. 1) He must be citizen of India. 2) He must have completed 25 years of age. 3) He should not hold office of profit. Members Members are called Member of Parliament (MP) Members are called Member of Legislative Assembly (MLA) Presiding Officer Presiding Officer is called speaker of the Loksabha. He is elected from amongst the Presiding officer is called speaker of the Assembly. He is elected from amongst the members of the house. Powers and Functions Language members of the house. Loksabha legislates on the subject mentioned in union list and concurrent list. Generally law enacted by Loksabha on the subject in concurrent list prevails over law enacted by the State Legislature. Assembly Legislates on the subject mentioned in the state list and concurrent list. Generally law enacted by State Legislature on the subject in concurrent list takes back stage to law enacted by Parliament. in The constitution has declared Hindi and English The constitution has declared the official languages of the Polity Made Easy 50

51 the house as languages of business in the house. Presiding Officer can permit a member to speak in his mother tongue. State or Hindi or English as language of business in the house. Presiding officer can permit a member to speak in his mother tongue. Grounds of Disqualification of members of Parliament and State Legislature Under provision of Constitution (Disqualified for being elected as member of Legislature) If he holds any office of profit under the Union or State Government (except that of a minister or any other office exempted by Parliament) If he is of unsound mind and stands to be declared by a court If he is an undischarged insolvent. If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State or is under any acknowledgement of allegiance to a foreign State; and Under Representation of People Act, 1951 (Elected membership is canceled if found guilty under this act) He must not have been found guilty of certain election offences or corrupt practices in the elections. He must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification. He must not have failed to lodge an account of his election expenses within the time. He must not have any interest in government contracts, works or services. He must not be a director or managing agent or hold an office of profit in a corporation in On the Ground of Defection (elected members membership is canceled if be found guilty under anti-defection Law 1985) If he voluntarily gives up the membership of the political party on whose ticket he is elected to the House; If he votes or abstains from voting in the House contrary to any direction given by his political party; If any independently elected member joins any political party; and If any nominated member joins any political party after the expiry of six months. Tenth Schedule of the Constitution lays down the process by which legislator may be disqualified on the grounds of defection Polity Made Easy 51

52 If he is so disqualified under any law made by Parliament. which the government has at least 25 per cent share. He must not have been dismissed from government service for corruption or disloyalty to the State. He must not have been convicted for promoting enmity between different groups or for the offence of bribery. The question of disqualification is decided by the President or Governor of a State on the advice of election Commission of India. The question of disqualification under this category is taken by the President or Governor of respective State on the advice of election commission of India. Any such question is decided by presiding officer of the house. E.g. Speaker of Loksabha. Session of the Legislature:- A Legislative session is the period of time in which a Legislature is convened for the purpose of law making. It simply means that members of Legislature are sitting together and functioning and doing other Legislative transactions. Constitution of India provides that there should be no more than 6 months gap between two sessions of Legislature. Parliament of India have three sessions annually. It meets for Budget session, monsoon session and winter session. The time period of each session is decided by the President of India (Governor in case of State Legislature). In addition to normal sessions there can be extra session of Parliament which are also called/summoned by President. (Governor in case of State Legislature). A session consists of many sittings. Polity Made Easy 52

53 Terms Related to Session of Legislature (Applicable to both Parliament and State Legislature) Summoning Adjournment Adjournment Sine Die When President / An adjournment It means terminating a Governor call upon suspends the work in sitting of Parliament the session of sitting for a specified for indefinite period Parliament State time, which may be without specifying the Legislature it is hours, days or week. exact time and date of called as next sitting. Summoning. Session of Legislature is summoned by President/ Governor on the aid and advice of their respective council of ministers Presiding officer of the house gives adjournment order. At that time he also specifies the exact date and time of next sitting of the house. Adjournment of the house does not affect the bills or any other business pending before the house and the same can be summed when the house meets again. The power of adjournment since die lies with the presiding officer of the house. Prorogation Prorogation means termination of the session of the Legislature. When the business of the session is completed the presiding officer declares the house to be adjourned since die. After that President / Governor prorogue the session of the Legislature. It does not affects the bill pending, reports etc. before the house. However all pending notices (except for presenting the bills in hours) lapses on prorogation and fresh notices has to be given in next session. Dissolution Dissolution of the house means the end of the life of the house. Rajyasabha at the center and Legislative Council (If it exists) at State Level are permanent houses. Therefore not subject to dissolution only lower house of the Legislature i.e. Loksabha and State Legislative Assembly can be dissolved. After house is dissolved a new house is constituted after general election are held. With the dissolution of the lower house term of all of its members also comes to an end. Polity Made Easy 53

54 Point of Difference Meaning Supplementary Questions Limits number questions on of How questions are answered Types of Questions (Asked during Question Hour) Starred Question Unstarred Question Short Notice Question It is a question which requires oral answer and hence supplementary question can be asked -Supplementary question can be asked. - The member who have asked such can ask two supplementary questions. -Speaker or chairman may allow one member of opposition and One member of Government side to ask supplementary if he thinks it necessary. - One member can ask only one question in one day. - The total number of starred question for one day is not more than 20 questions. - Presiding officer calls the member to ask his question. The member rises to his place and just reads the Answer to unstarred question is given in written form and hence supplementary question cannot be asked. - Supplementary questions cannot be asked. - Maximum 230 questions of this category are laid on the table of the house of Loksabha. But no such number have been fixed for Rajyasabha but normally it is less than 200 questions a day. - Answers to unstarred question are laid on the table of house at the end of Question Hour. A question relating to matter of urgent public importance may be asked with notice shorter than 10 days time. Such question are answered orally. - Supplementary questions can be asked. - Only one such question is allowed for particular day in the house. - A member asking such question has to give brief reason for asking the question. Polity Made Easy 54

55 Notice question number. Thereafter minister replies to the question. - Only few questions out of maximum 20 questions are answered orally due to time limits. Written answer for the rest of the starred question is laid on the table of house by the ministers concerned. -The member has to submit his question to the Secretary General of the concerned house. - The notice should be given before 10 days and not more than 21 days. - The member has to submit his question to the Secretary General of the concerned house. - The notice should be given before not less than 10 days and not more than 21 days. - Minister concerned can accept or decline to answer the question. - If minister chooses to decline the answer, presiding officer may direct that the question may be placed as first question on the list of question to be answered orally after such question satisfy condition of minimum 10 days advance notice. - Question may be asked with notice shorter than 10 days. NOTE : - Speaker or Chairman decides the category of the question whether it should be considered starred or unstarred and his decision is final. - In addition to above three kinds, a question may be addressed to a private member, provided the subject matter of the question relates to some bill, resolution or any other matter concerned with the business of the house for which that member is responsible. No supplementary question can be asked to such question. Similarly no short notice question can be addressed to private member. Polity Made Easy 55

56 TYPES OF BILLS (On the basis of who tables the bill in the house) Public Bills A Bill introduced by minister is called as Public Bill It has greater chances to be approved by Parliament as Government enjoys the majority support of the house Its rejection in the lower house of the Legislature amounts to expression of want of Parliamentary confidence in the Government and may lead to its resignation. Its introduction in the house requires notice of 7 days It is drafted by concerned department in consultation with Ministry of Law. Private Bills A bill introduced by any other member of Legislature who is not a minister is called as private bill. Private member can be from opposition party or ruling party. It has lesser chance to be approved by Parliament. The Rights of Transgender Persons Bill, 2014 is the only bill that got approval of Parliament in last 45 years. Only 14 such bills are passed since independence. Its rejection by the house has no implication on the Parliamentary confidence of the Government. Its introduction in the house requires notice of one month. Its drafting is the responsibility of the minister concerned. NOTE : 1) A bill is a proposal for legislation and it becomes an act or law when duly enacted. 2) Both the types of bill i.e. public bill and private members bill are governed by same Legislative procedure and pass through the same stages in the house. Polity Made Easy 56

57 Point of Difference Purpose of the bill Types of Bills (On the basis of purpose of the bill) Ordinary Bill Money Bill Finance Bill Constitutional Amendment Bill A bill which is Money bill is the bill Finance bill apart from The bill which seeks to concerned with any that solely concerns being a money bill may addition, variation/ change or other matter than with raising the money also have other repeal any provision of the finance bill. Money through taxation or provisions. Finance Constitution is called as bill or Constitutional borrowing or any other Bill-I and Finance Bill- Constitutional Amendment Amendment Bill is means or the II are two categories of Bill. called as Ordinary expenditure of the this kind. Bill. Government,. It is also a type of finance bill. Article -- Article 110 Article 117 Article 368 Introduction in It can be introduced It can only be Finance Bill-I can be the house in either house of introduced in Loksabha. introduced only in Parliament i.e. Prior approval of the Loksabha once passed Loksabha or President is required for by Loksabha it becomes Rajyasabha this bill. ordinary Bill. Finance Bill-II is governed by same procedure that of ordinary bill. It can be introduced in either house of Parliament. State Legislature cannot initiate amendment process only Parliament can amend the Constitution. Who can Any member of It can be introduced It can be introduced Any member of Parliament can introduce Parliament i.e. only by Government i.e. only by Government i.e. introduce this bill. Minister or Private by Minister or Private Minister or Private Member. Member cannot Member cannot introduce this bill. introduce this bill. Procedure Both the houses Loksabha have greater Both the houses should Both the house must pass the Polity Made Easy 57

58 Provision Joint Sitting Type majority Power of Rajyasabha of of Prior approval of the President for introduction in the Legislature should pass the bill say in passing money pass the bill bill separately. independently bill. independently Joint sitting is As Loksabha has Joint sitting is possible Provision of joint sitting is not possible in case of greater say in passage of in case of dead lock applicable to this bill. Both deadlock between bill joint sitting is not between the house of houses must pass the bill two houses of required. Parliaments. separately. Parliament. Simple majority Simple majority Simple majority As necessary simple majority, special majority or special majority with consent of half the States. Rajyasabha can reject the bill. But this power becomes ineffective due to provision of joint session. Prior approval of the President not required. Rajyasabhacannot reject or amend money bill. It can only make recommendation. These recommendations are not binding on Loksabha, This means Rajyasabha have limited/restricted powers with respect to money bill. Prior approval of the President is required. Generally Rajyasabha can reject the bill. (There are some exceptions). However due to provision of joint sitting, power of Rajyasabha becomes ineffective. Prior approval required for Finance Bill-I but not required for finance Bill-II. However Presidents recommendation is required for Rajyasabha can accept or reject the amendment bi..amendment bill is required to be passed by both the houses of Parliament separately. There is no provision of joint sitting for amendment bill. It means Rajyasabha enjoys effective power with respect to amendment bill. Prior approval of the President not required. Polity Made Easy 58

59 Assent of the President President has following option- - Give assent - Return the bill for reconsideration of the Parliament. - Neither approve nor reject the bill He can give his assent or withhold his assent but cannot reject. As the bill is presented prior consent of the President, he generally gives his assent. consideration of this bill in the house. He can give his assent or withhold his assent but cannot reject. As the bill is presented prior consent of the President, he generally gives his assent. President has to give his assent. He cannot reject or withhold his assent. Procedure of Passing a bill in Parliament Bill can be introduced by minister or private member Giving notice for introduction of the Bill. (7 days notice if Government Bill, one month notice if private bill) Bill can be introduced in either house of Parliament. (Money Bill and Finance Bill-I can be introduced only in Loksabha and these bills cannot be introduced in Rajyasabha) Introduction in Loksabha First Reading, Second Reading, Third Reading in the House. If the bill is passed by first house i.e. Loksabha, it will be sent to second house i.e. Rajyasabha Bill will be tabled in Rajyasabha. Introduction in Rajyasabha First Reading, Second Reading, Third Reading in the house If the bill is passed in first house i.e. Rajyasbha, it will be sent to second house i.e. Loksabha. Bill will be tabled in Loksabha. Polity Made Easy 59

60 First Reading, Seconding Reading, Third Reading in the Rajyasabha. If the bill is also passed by other house i.e. Rajyasabha, it will be sent to the President for his consent. First Reading, Second Reading, Third Reading in the Rajyasabha. If the bill is also passed by other house i.e. Loksabha, it will be sent to President for his consent. If the President gives his consent Bill becomes Act. Then Act is published in Official Gazette and enforced as per the date mentioned. NOTE - 1) The day of introduction of the bill in the house is decided by speaker/chairman as the case may be. 2) A copy of bill is made available to every member of the house two days prior to its introduction in the house. READING STAGE : First Reading : - After question Hour on the appointed day minister or member concerned tables the bill in the house. - There is no discussion at this stage. But if the bill is opposed on the basis of jurisdiction / competence of Parliament then presiding officer may allow discussion. In such situation Attorney General can also take part in discussion. - There is no restriction on the number of bills to be introduced on particular day or a minister may introduce as many bills as he wants. - After introduction of the bill in the house it is published in the Gazette of India. Secondary Reading : - The Bill is thoroughly scrutinized and get its final shape. - In this stage house have following four options : Polity Made Easy 60

61 1) Referring Bill to select committee (Ad-hoc Committee appointed by the house). 2) Referring Bill to Joint Committee of the Both Houses. (Chairman of joint committee is appointed by presiding officer of the house where bill was introduced). 3) Circulate the bill for elicit / public opinion. 4) To straightaway take it into consideration. - If the bill is sent to the select committee, committee considers the bill clause by clause. After finalization committee present its report to the house. - The Bill can be circulated for public opinion only on the motion of house. After such motion is duly passed it is published in official Gazette and also sent to States for their opinion. The time period of receiving opinion of public and other stake holders is generally specified in the motion itself. These opinions are sent to the committee. - Once the bill is presented to the house by committee it is discussed clause by clause. Each clause is placed before house separately for discussion. - During such discussion amendments to the bill can be moved by members with the permission of presiding officer. If accepted, amendment becomes the part of the Bill. Third Reading - At this stage debate is confined to the acceptance or rejection of the bill as a whole and no amendments are allowed. Only verbal, formal and consequential amendments are allowed. - House finally votes on the bill. If accepted it is sent to other house or President for his assent as the case may be. Polity Made Easy 61

62 Comparing Legislative procedure in the Parliament and State Legislature A. With Regard to Ordinary Bills Parliament It can be introduced in either House of Parliament. It can be introduced either by a minister or by a private member. It passes through first reading, second reading and third reading in the originating House. It is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments. A deadlock between the two houses takes place when the second house, rejects the bill or proposes amendments that are not acceptable to the first House or does not pass the bill within six months. The Constitution provides for the mechanism of joint sitting of two Houses of the Parliament to resolve a deadlock between them over the passage of a bill. The Loksabha cannot override the Rajyasabha by passing the bill for the second time and vice versa. A Joint sitting is the only way to resolve a deadlock between the two Houses. State Legislature It can be introduced in either House of the State Legislature It can be introduced either by a minister or by private member. It passes through first reading, second reading and third reading in the originating House. It is deemed to have been passed by the State Legislature only when both the Houses have agreed to it, either with or without amendments. A deadlock between the two Houses takes place when the Legislative Council, after receiving a bill passed by the Legislative Assembly, rejects the bill or proposes amendments that are not acceptable to the Legislative Assembly or does not pass the bill within three months. The Constitution does not provide for the mechanism of joint sitting of two Houses of the State Legislature to resolve a deadlock between them over the passage of a bill. The Legislative Assembly can override the Legislative council by passing the bill for the second time and not vice versa. When a bill is passed by the Assembly for the second time and transmitted to the Legislative council, if the Legislative council rejects the bill again, or proposes amendments that are not acceptable, to the Legislative Assembly, or does not pass the bill within one month, then the bill is deemed to have been passed by both the Houses in the form in which it was passed by the Legislative Assembly for the second time. Polity Made Easy 62

63 The mechanism of joint sitting for resolving a deadlock The mechanism of passing the bill for the second time to applies to a bill whether originating in the Loksabha or the resolve a deadlock applies to a bill originating in the Rajyasabha. If a joint sitting is not summoned by the Legislative Assembly only. When a bill, which has originated President, the bill ends and becomes dead. in the Legislative council and sent to the Legislative Assembly, is rejected by the latter, the bill ends and becomes dead. B. With Regard to Money Bills Parliament It can be introduced only in the Loksabha and not in the Rajyasabha. It can be introduced only on the recommendation of the President. It can be introduced only by a minister and not by a private member. It cannot be rejected or amended by the Rajyasabha. It should be returned to the Loksabha within 14 days, either with or without recommendations. The Loksabha can either accept or reject all or any of the recommendations of the Rajyasabha. If the Loksabha accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form. If the Loksabha does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the Loksabha without any change. If the Rajyasabha does not return the bill to the Loksabha within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of the said period in the State Legislature It can be introduced only in the Legislative Assembly and not in the Legislative Council It can be introduced only on the recommendation of the governor. It can be introduced only by a minister and not by a private member. It cannot be rejected or amended by the Legislative council. It should be returned to the Legislative Assembly within 14 days, either with or without amendments. The Legislative Assembly can either accept or reject all or any of the recommendations of the Legislative council. If the Legislative Assembly accepts any recommendations, the bill is then deemed to have been passed by both the Houses in the modified form. If the Legislative Assembly does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the Legislative Assembly without any change. If the Legislative council does not return the bill to the Legislative Assembly within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of said period Polity Made Easy 63

64 form originally passed by the Loksabha. The Constitution does not provide for the resolution of any deadlock between the two houses This is because, the will of the Loksabha is made to prevail over that of the Rajyasabha, if the latter does not agree to the bill passed by the former. in the form originally passed by the Legislative Assembly. The Constitution does not provide for the resolution of any deadlock between the two Houses. This is because, the will of the Legislative Assembly is made to prevail over that of Legislative Council, if the latter does not agree to the bill passed by the former. Types of Expenditure Expenditure charged upon consolidated Fund of India It is the expenditure which Parliament has to make. Parliament cannot vote on this expenditure. However discussion on this expenditure is possible. Emoluments, salaries allowances and other expenditures of the following as the case may be, is charged expenditure. - President and Vice President. - Speaker, Deputy Speaker of Loksabha and Deputy Chairman of Rajyasabha. - Judges of Supreme Court. -Pensions of Judges of High Court. -CAG, UPSC, -Interest charges of the debt. These are the charges which essentially have to be paid by the Government. These expenditure have to be paid whether Budget is passed or not in the Parliament. Expenditure made from consolidated Fund of India It is an expenditure for which prior approval of the Parliament is necessary. Without approval of the Parliament not a single penny can be spent. Voting as well as discussion takes place for this kind of expenditure. All demand for grants including Budget are expenditure made, hence discussed and voted in Parliament. Polity Made Easy 64

65 Types of Funds Consolidated Fund of India Public Account of India Contingency Fund of India Article Article 266(1) Article 266(2) Article 267 Source All the revenue received by All other public money which is This fund is created specifically to Government of India, Loan not credited to consolidated fund enable Government to spend money received, repayment of loan given of India shall go to public account. in the situation of emergency because or interest on such loan. Profit It includes, provident fund no amount can be withdrawn from earned from PSUS, aid received is credited to consolidated fund of India. deposits, judicial deposits, saving deposits, departmental deposits. consolidated fund without approval of Parliament, which is time consuming process. So Parliament set aside some fund for contingency. Controlling Parliament Executive i.e. Government Held by finance secretary on behalf of Authority Method of taking money out of the fund No money can be withdrawn from this fund except authorization of Parliament. It means a appropriation bill has to be passed by Parliament for disbursement of money from this fund. Audit Audited by Comptroller and Auditor General of India This account is operated by executive action i.e. the payment from this account can be made by executive directions. President This fund is placed at the disposal of the President and he can make advances out of it. Later Parliamentary approval is taken for the expenditure made from this account. -- Audited by Comptroller and Auditor General of India. Polity Made Easy 65

66 Types of Committees (On the basis of their period of existence) Standing Committees The standing committees are constituted every year. They work on continuous basis. There are three financial committees and 24 departmental standing committees which falls in the category of standing committee. E.g. Public Accounts Committee. Each house have standing committees of their own. Generally members are nominated by speaker and chairman from their respective houses except for financial committees. Ad-hoc Committees Ad-hoc committees are temporary and created for specific task. Once the task at their hand is completed they cease to exist. Ad-hoc committees include the enquiry committees, joint committees and select committees etc. E.g. Joint Parliamentary Committee on 2G Scan. Each house can also have Ad-hoc committees of their own. Members are nominated by speaker and chairman from respective house of Parliament. Types of Committees (On the basis of their composition) Select Committee All the members come from particular house. Speaker or chairman as the case may be nominates the members of select committee and Chairman. Joint Committee Members of Joint Committee come from both the houses of Parliament generally 2:1 ratio of Loksabha and Rajyasabha. Members are nominated by speaker and chairman from their respective houses. Polity Made Easy 66

67 Important Financial Committees Point of Difference Public Accounts Committee Estimates Committee(Continuous Economy Committee) Committee on Public Undertaking Origin Established in 1921 under It also has its origin in Government It was created in the year 1964 on the provisions of Government of of India Act, However this recommendation of Krishna Menon India Act,1919 Committee was set upon the Committee. recommendation of finance minister of that time John Mathai in the year Term 1 Year 1 Year 1 Year Composition Seven members are from All 30 members are from Loksabha. Seven members are from Rajyasabha Rajyasabha fifteen members are Rajyasabha do not have and Fifteen members are from from Loksabha. representation in Estimates Loksabha. Committees. Membership Members are elected from Members are elected from respective Members are elected from respective Chairman Function respective house. As a matter of practice, since 1967, a member from opposition party is appointed as chairman by the speaker of the Loksabha. It examines the annual audit report of CAG, which are laid before the Parliament. It examines public expenditure from legal, formal point of view, economy, prudence etc. house. The chairman of the committee is appointed by the speaker of the Loksabha and he is invariably from the ruling party. It examines the estimates included in the budget and suggest economies in public expenditure. house. A member from Loksabha is appointed as chairman by the speaker. Member from Rajyasabha cannot become Chairman. It examines the report of CAG regarding public sector undertakings. Polity Made Easy 67

68 Procedure of Removal of Judge of Supreme Court (Article 124(4)) (Under Judges Enquiry Act, 1968) Judge of Supreme Court can only be removed on the grounds of proved misbehavior or incapacity. A motion seeks to remove judge can be presented in either house of Parliament (State Legislatures have no role in the removal process of judges of either supreme court or high court) Such removal motion shall be signed by 100 members if it is introduced in Loksabha or 50 members in case of Rajyasabha. The Speaker or Chairman, as the case may be, may admit or refuse to admit the motion. If admitted the speaker / chairman will appoint a committee comprising of (a) Chief justice or a judge of Supreme Court, (b) Chief Justice of a high court and (c) a distinguished jurist, to investigate the charges on the judge. The Committee should submit its report to the house which appointed such committee. The report is also shared with other house. However recommendation of such committee is not binding on the Parliament. The motion, if taken for consideration by the house, has to be passed by special majority. If the bill is passed it is sent to second house for their consideration. (Such motion must be passed by both houses separately with special majority. There is no provision of joint sitting.) If, the other house also passes the motion with special majority, then it is addressed to the President. Finally President passes the order to remove removing judge. Polity Made Easy 68

69 Note : 1. So far no judge is removed from his post. 2. Procedure for removal of judge of high court is same as that of judge of Supreme Court. 3. State Government or State Legislature have no role either in appointment or removal of judges of supreme court or high court. Difference Between Panchayat Raj System Panchayat Raj is Local Self Government in the rural areas. It is based on 73 rd Amendment Act. Panchayat Raj is a hierarchical system. It means ZilhaParishad controls the PanchyatSamiti and PanchyatSamiti in turn controls the Gram Panchayats. In Panchayat Raj System Gramsabha is the institution through which people have direct participation in the local government. District is nodal point of planning and decisions making. For development of entire district a district planning committee is established. Urban Local Bodies It is a local self Government in the urban areas. It is based on 74 th Amendment Act. Urban Local Bodies consist of three types i.e. Municipal Corporations. Municipal Council and Nagar Panchayat. These bodies are independent of each other. They do not control each other. In the urban Local bodies no system such as Gramsabha exist to ensure direct participation of people in the decision making. The urban local bodies are nodal point for planning and development. Smaller local bodies are given representation in district planning committee. But for larger metropolitan areas metropolitan planning Committee is established. Polity Made Easy 69

70 Types of Organization / Bodies Constitutional Bodies Statutory Executive Bodies These bodies are established on the basis of provision of the Constitution These are also called extra-constitutional or non-constitutional Bodies These are also called extra Constitutional or non-constitutional Bodies. E.g. - Election Commission of India - Election Commission of State. - Union and State Public Service Commissions. These bodies are established on the basis of provision of law enacted by the Legislature. These bodies are established by an executive order of the ministry of the Union or State. These bodies are independent i.e. Government cannot interfere in their functioning. Their existence is guaranteed by the Constitution. Expenditure of these bodies is changed upon consolidated fund i.e. Parliament has to give these expenses. E.g.-National Commission for Women. -National Human Rights Commission. These bodies are also independent. Government cannot interfere, but Government can bring change in this bodies by making changes in the Statute. Their existence is guaranteed by statute. But changes can be made easily through change in law. Expenditure of these bodies is made from consolidated fund of India. These expenses are votable in Parliament. NITI Aayog. UIDAI (now statutory body) These bodies function directly under concerned ministry, changes in such bodies can be made by executive order. Their existence is not guaranteed. Such bodies can be dismantled by simple executive order. Expenditure of these bodies is made out of consolidated fund of India. These expenses are votable in Parliament. Polity Made Easy 70

71 Comparison of Constitutional Bodies Power of Comparison Constitutional Provision Composition Tenure Removal of the Chairman and Members Important Functions Election Commission CAG Finance Commission Article 324 Article 148 Article 280 The Election Commission shall consist of the Chief Election Commissioner and such member of other election Commissioner if any, as the President may from time to time fix. As of now (2018), there is Chief Election Commissioner and two other Commissioner. Election Commissioner holds office for the term of six years or until they attain the age of 65 years, whichever is earlier. Chairman and members can be removed by President in the same manner as the Judge of the Supreme Court. - Conducting, regulating and control of the election for President, Vice-President, Parliament and State The CAG is appointed by President of India. CAG is head of the body which is named after its head, i.e. Comptroller and Auditor General of India. CAG holds office for the term of six years or until they attain the age of 65 years, whichever is earlier. Chairman and members can be removed by President in the same manner as that Judge of the Supreme Court. - Basically CAG audits all the expenditure made from consolidated funds, Public Account and contingency funds Chairman and four other members of Finance Commission are appointed by the President. The Chairman and members of Finance Commission do not have fix tenure. It is Ad-hoc body. Commission cease to exist once it completes its task and so are the members. The Chairman or member of Finance Commission can be removed by President. -The distribution of net proceeds of taxes to be spared between center and state and allocation between states. - The Principle that should govern grant in Polity Made Easy 71

72 Point to be remembered Legislature. - Regulating political parties. - Advising President and Governor on the question of disqualification of members of Parliament or State Legislature as the case may be, etc. - Chief Election Commissioner and other Commissioner enjoysequal power and salaries. - Constitution do not specify the qualifications of Chief Election Commissioner or other Commissioner. of India and of States. - He also audits accounts of PSU s. - He acts as a friend, philosopher and guide of Public Accounts Committee of the Parliament. - CAG is chief of Audit and Accounts Department. - He is Guardian of Public purse. Dr. B. R. Ambedkar called him most important Officer under Constitution. - He is not eligible for reappointment. aid to the states by the center. - Any other matter referred to it by the President. - Finance Commission submits its report to President. - However recommendation of the Commission are not binding on the President. - Chairman or members are eligible for reappointment. Polity Made Easy 72

73 When the elections are held for all the constituencies for particular political system it is called as General Election. Types of Elections General election By Election Mid-Term Polls/Election When elections are held for one or few constituency of any political system, it will be called as a by election. When the election for all seats of Loksabha will be conducted it will be general election of India. When election will be held for all the constituencies of State Legislative Assembly of any State, it will be General Elections of that particular State. General elections are held after completion of tenure of the house. In India tenure of lower house of the Legislature is 5 years. The tenure of the house created after General election is five years. When election is held for one or few seats of Loksabha, it will be called as Loksabha by elections. By elections are held when any seat falls vacant due to resignation, death or removal of any seat of the Loksabha or State Legislative Assembly. Such election is held within 6 months of occurrence of such vacancy. The representative elected in by election is elected for the remaining period of the house and not for five years. When Loksabha or Legislative Assembly is dissolved before completion of the tenure of house, the elections are held for all the constituencies for the particular house, it is called as midterm polls. The midterm polls of Loksabha were held in the year 1980, 1991, 1996, 1998, 1999 etc. as the Loksabha was dissolved before completion of their respective term. Midterm polls held after dissolution of the Loksabha or State Legislative Assembly as the case may be. The tenure of the house created after midterm polls is full term of five years. Polity Made Easy 73

74 Meaning Example Categories of Civil Services All India Service (Article 309) Central Service (Article 309) State Service (Article 309) The members of these services are The members of these services are The members of these services are recruited by the center, but their recruited by the center and their recruited by the States and their services are placed under various services are also placed under services are also placed under State State cadres and they have the Central Government. Government. liability to serve both under the State and under the Center. There are only 3 All India Services- Indian Administrative Service. Indian Police Service. Indian Forest Services. There are multiple Central Services- Indian Revenue Service. Indian Postal Service. Indian Railway Service etc. There are multiple State Services- Deputy Collector, Tehsildar, Deputy Superintendent of Police. etc. Recruitment By UPSC By UPSC By State Public Service Commission Appointment By Union Government i.e. by By Union Government i.e. by By State Government i.e. by & Training President of India President of India. Governor of State. Temporary Control Central Government State Government. Final/Ultimat e Control Posting Creation of New Service State Government if placed under State Government or Central Government if placed under Central Government. Central Government only President can remove a person from his service. Members can be posed anywhere in India. They are given cadres after appointment. A new All India Service can be created by Parliament only by the authorization of Rajyasabha. Central Government only President can remove a person from his service. Members can be posted anywhere in India under Central State Government - Governor of the State can remove a person from his service. Members are posted only within their states. Government. It can be created by Parliament. It can be created by State Legislature. Polity Made Easy 74

75 Point of Comparison Constitutional Provision Composition Comparison of Public Service Commissions UPSC State Public Service Joint Public Service Commission Commission(SPSC) (JPSC) Article 315 to 323 Article 315 to 323 Article 315 to 323 The Chairman and members are appointed by President. However constitution does not fix the strength. The matter is left to the discretion of the President. Usually Commission consist of 9 to 11 members including Chairman. Qualifications No qualifications are prescribed for commissions membership except that one-half of the members of the commission should have held office for at least 10 years either under Government of India or Government of State. The Chairman and members are appointed by the Governor of the state. However constitution does not fix the strength of the commission. The matter is left to the discretion of the Governor. No qualifications are prescribed for commissions membership except that one-half of the members of the commission should have held office for at least 10 years either under Government of India or Government of State. The Chairman and members are appointed by President. However constitution does not fix the strength. The matter is left to the discretion of the President. No qualifications are prescribed for commissions membership except that one-half of the members of the commission should have held office for at least 10 years either under Government of India or Government of State. Appointment By the President of India. By the Governor of respective State By the President of India. Tenure/Term - Chairman and member holds the office for the term of 6 years or 65 years of age, whichever is earlier. - Member of UPSC can only be - Chairman and members hold the office for the term of 6 years or 62 years of age, whichever is earlier. - A member of SPSC can only be reappointed as Chairman of SPSC or appointed as Chairman of member or Chairman of UPSC. - Chairman and members holds the office for the term of 6 years or 62 years of age, whichever is earlier. - A member of JPSC can only be reappointed as Chairman of JPSC or member or Chairman of UPSC., Polity Made Easy 75

76 Removal Important Function UPSC, further he is not eligible for any office under Government of Union or Government of State. - Chairman is not eligible for any appointment after end of his tenure. Chairman or member can be removed on the grounds of insolvency, holding any other office of profit, interiority of mind or body, or misbehavior. The decision of removal is taken by the President on the recommendation of committee of Supreme Court constituted by him for enquiry. Recommendation of such committee are binding on the President. - It conducts examination for appointment to the All India Services, Central Services and Public Services of Union Territories. - It serves all or any of the need of the state on the request of Further he is not eligible for any office under Government of Union or Government of State. - Chairman of SPSC can be appointed as Chairman or Member of UPSC but not to any other office. Chairman or member can be removed on the ground of insolvency, holding any other office of profit, interiority of mind or body, or misbehavior. The decision of removal is taken by the President on the recommendation of Committee of Supreme Court constituted by him for enquiry. Recommendation of such committee are binding on the President. It is to be noted that though a member and Chairman of state public service commission is appointed by Governor only President has powers to remove him from his office. - It conducts examination for appointment to the state services. - Commission is also consulted by State Government on the matter related to personnel management. further he is not eligible for any office under Government of Union or Government of State. - Chairman of JPSC can be appointed as Chairman or Member of UPSC but not too any other office. Chairman or member can be removed on the ground of insolvency, holding any other office of profit, inferiority of mind or body, or misbehavior. The decision of removal is taken by the President on the recommendation of Committee of Supreme Court constituted by him for enquiry. Recommendation of such committee are binding on the President. - It conducts common examination for appointment to the state service for two or more states for which such Joint Commission is established. - It is consulted by such State Governments on the matter of Polity Made Easy 76

77 Governor and with the approval of President. - The commission is also consulted by Government on matters related to personnel management. personnel management of such state. NOTE :When legislature of two or more states requests. Joint Public Service Commission is established by President under Law passed by Parliament. Comparison of Planning Commission and NITI Aayog Point of Planning Commission NITI Aayog Difference Status Neither constitutional nor statutory body. Neither constitutional nor statutory body. Establishment Established by executive order on 15 th March 1950 Established by executive order on 1 st January Chairman Prime Minister is ex-officio Chairman. Prime Minister is ex-officio Chairman. Deputy Appointed by the Prime Minister. Appointed by the Prime Minister. Chairman Composition Structure was not fixed. It consisted of 4 to 7 full time member and finance minister and minister of planning as ex-officio members. It did not had special invitees. Structure is not fixed. Usually it consists of 12 full time members, 2 part time members who must be specialists, four Union Ministers and Special Invitees. All of the above are appointed or nominated as the case may be, by Function - It was advisory body. - It use to formulate five year plan for entire country. Prime Minister. - It is also as advisory body. - NITI Aayog is essentially a think tank and truly advisory body. Polity Made Easy 77

78 - Planning Commission had powers to allocate funds to ministries and states. Role of States - States had limited role in Planning Commission era. - States were not consulted while formulation of five years plan. - States were consulted when plan was submitted National Development Council for approval. - Planning Commission worked on Top-down approach and one size fits all approach i.e. it did not take in to consideration requirement of states while formulating the plan. Commission to get their annual plans approved. - It represents non-federal feature as states were having very limited role. - NITI Aayog have no role in allocation of funds. This function is now of Finance Ministry. - States have important role in NITI Aayog. - States are consulted while formulating any strategy or plan. - States are part of policy or strategy formulation from the beginning. - NITI Aayog works on the principle of Bottom Up approach. It takes the requirement of states into consideration at every state of policy formulation. It also has the provision for regional councils of NITI Aayog for region specific needs. - States do not require to go to NITI Aayog for grants. They now directly seeks the grant from finance ministry. - NITI Aayog works on the principle of Co-operative Federalism. Subscribe our YouTube Channel Civil Services World for latest video s for UPSC and MPSC Telegram Channel : T.me/rkiasacademyWebsite : rkiasacademy.com Polity Made Easy 78

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