Indian Constitution The Constitution of India lays down the framework on which Indian polity is run. The Constitution declares India to be a sovereign socialist democratic republic, assuring its citizens of justice, equality, and liberty. It was passed by the Constituent Assembly of India on November 26, 1949, and came into effect on January 26, 1950. India celebrates January 26 each year as Republic Day. It is the longest written constitution of any independent nation in the world, containing 395 articles and 12 schedules, as well as numerous amendments, for a total of 117,369 words in the English language version. Besides the English version, there is an official Hindi translation. The Constitution lays down the basic structure of government under which the people chose themselves to be governed. It establishes the main organs of government - the executive, the legislature and the judiciary. The Constitution not only defines the powers of each organ, but also demarcates their responsibilities. It regulates the relationship between the different organs and between the government and the people. The Constitution is superior to all other laws of the country. Every law enacted by the government has to be in conformity with the Constitution. The Constitution lays down the national goals of India - Democracy, Socialism and National Integration. It also spells out the Fundamental Rights, Directive Principles and Duties of citizens. 2 9 3
Fill in the Blanks 1.... is the highest legal adviser to the Government of India. 2.... decides the question of disqualification of a member of the Lok Sabha. 3. The time gap between two sessions of the Parliament should not exceed... 4. The residuary powers under the Indian Constitution rest with the... 5. The Prime Minister is responsible to the... 6. National Integration Council is chaired by... 7. The credential of all Ambassadors or High Commissioners of foreign countries are received by... 8. No money bill can be introduced in the Legislative Assembly without the recommendation of the... 9. Any dispute between the two houses of the Parliament can be resolved by joint sitting of both the houses summoned by the... 10. The provisions as to disqualification on grounds of defection by a member of Parliament are contained in... 11. The minimum number of members that must be present to hold the meeting of the Lok Sabha is... 12. The number of members of a state Legislative Assembly cannot be more than... 13. The proclamation of national emergency ceases to operate unless it is approved by the parliament within... 14. The first no confidence motion was moved in the Lok Sabha after independence was in the year... 15. A bill for alteration of boundaries of states shall not be introduced in the Parliament without the recommendation of... 16. The Supreme Court passed the special judgement that the basic tenets of our constitution cannot be changed by the Parliament by any amendment, in the... case. 17. A member of Parliament will lose his seat if he remains absent from all meetings without permission for a period of... days. 18. Judges of the Supreme Courts cannot practice, after retirement, in... 19. If the Finance Minister fails to get the annual budget passed in the Lok Sabha, the Prime Minister should be expected to... 20. The name of an Indian State can be changed by... 21. The Finance Commission is a... body. 22. The article which lays down the amendment of the constitution is... 23. The introduction of no confidence motion in the Lok Sabha requires the support of at least... members. 24. Betting and Gambling is included in... list. 25. Prisons are included in... list. 26. According to the Indian Constitution, the ministers shall hold office during the pleasure of the... 27. The function of a Public Service Commission in India is... 28. In... of the constitution, reference to Hindus shall include a reference to Sikhs. 29. Raja Chellayya Committee dealt with... 30. The Constituent Assembly of India took all decision by... Answers sto Fill in the blanks 1. Attorney General of India 2. Speaker 3. six months 4. Parliament 5. Lok Sabha 6. The Prime Minister 7. The President 8. Governor 9. President 10. 10th schedule 11. 1/10 of the total membership of the house 12. 500 13. one month 14. 1963 15. The President 16. Minerva Mills Ltd. & others, 17. 60 18. any courts in the country 19. submit the resignation of his/ her cabinet 20. the Parliament of India 21. Quasi-Judicial 22. 368 23. 50 24. State 25. State 26. Prime Minister of India 27. Advisory 28. Article 25 29. tax reforms 30. consensus. 2 9 4
One Word Questions 1. Name the words which were added to the Preamble by the 42nd Constitutional Amendment. 2. On whose recommendation was the Constituent Assembly formed? 3. To whom does the Public Accounts Committee submit its report? 4. Who is the executive head of a state in the Indian Union? 5. If a state is under President s rule, then the state Budget is passed by whom? 6. By how many years has the 62nd Amendment of the Constitution in 1990 extended the reservation for persons belonging to SC and ST in Public Services? 7. What is the power of the Rajya Sabha in regard to money bills? 8. How many states in India have bicameral legislature? 9. Name the Union Territories which have a legislature and a Chief Minister? 10. Which state in India has the largest membership in its Legislative Assembly? 11. Who finances the Village Panchayat? 12. Freedom of the Press is guaranteed under which Article? 13. Who is legally competent to declare war or conclude peace? 14. How many times has a national emergency been declared so far by the President? 15. Which parliamentary committee in India is normally chaired by a prominent member of the opposition? 16. What is contained in the Tenth Schedule of the Constitution? 17. How many times can the President of India seek reelection to his post? 18. How many committees were set up by the Constituent Assembly for framing the Constitution of India? 19. Name the article which empowers the President to appoint the Prime Minister of India. 20. What is meant by Capital Punishment? 21. In which year was voting age reduced from 21 to 18 in India? 22. A party in India in order to be recognised as official opposition in the parliament should have at least how many seats? 23. Which is the oldest financial committee in the Parliament? 24. Extradition is included in which list? 25. Through which resolution, the Lok Sabha brings a change in the Government? 26. What is the maximum number of starred questions that can be asked in Lok Sabha on a particular day? 27. How long does a national emergency duly proclaimed and approved by the Parliament remain in force? 28. States earn more revenue directly through which tax? 29. In the case of subjects not mentioned in any of the three lists, the power to make laws rests with whom? 30. In which year the state reorganisation Bill was passed by the parliament? Answers 1. Socialist, Secular, integrity 2. Cabinet Mission 3. The Speaker of the Lok Sabha, 4. The Governor 5. The Parliament 6. 10 years 7. It can only withhold the bill for 14 days to make recommendations 8. 6 9. Puducherry and Delhi 10. Uttar Pradesh 11. State Government 12. Article 19 (1) 13. The President 14. Thrice 15. Public Accounts Committee, 16. Provisions regarding disqualification on grounds of defection 17. Any number of times 18. 13 19. Article 74 20. Death sentence 21. 1989 22. 1/10 th of the elected members of the parliament 23. Public Accounts Committee 24. Union List 25. No Confidence Motion 26. 20 27. Until repealed 28. Sales tax 29. The Union Government 30. 1956. Short Notes 1. What are the distinct features of a Constitution? 2. The President & his Functions 3. How can the constitution be amended? 2 9 5
4. Anti-Defection Law 5. What are the major commitments of the Constitution of India as incorporated in its Preamble? 6. Indian Constitution is drawn from different sources. Establish the point. 7. Identify the nature and methods of Parliamentary control over the Executive in Indian Polity. 8. Explain the concept of Minorities in the Indian Constitution and mention the safeguards provided there in for their protection. 9. Discuss the power privileges and immunities of the Indian Parliament. 10. Explain the relevance of Rajya Sabha in the federal set up of the Indian Parliamentary System. 11. Highlight the significance of the 73rd Amendment to the Constitution of India. 12. Indian Judiciary 13. Supreme Court 14. Jurisdiction of the Supreme court 15. 42nd Amendment 16. Relation between the Union and the States 17. Fundamental Duties 18. Powers of the Governor 19. Sarkaria Commission 20. Public Service Commission 21. Election Commission 22. Finance Commission 23. Contingency Fund 24. Eighth Schedule of the Constitution 25. Family Courts 26. CAT 27. Lok Adalats (LAs) 28. High Court 29. Discuss about the constitutional provision of the no-confidence motion. 30. 93rd amendment Bill Answers 1. An analysis of the various definitions of a constitution shows that the constitution has the following distinct features: Firstly, it refers to a collection of those basic laws which are more sacrosanct than the ordinary laws. Secondly, the constitution is not entirely written. Though a major part of the constitution is generally available in the form of a written document, certain laws are also based on customs, usages and conventions and form part of the constitution. Thirdly, the constitution may be created by a special body set up for the purpose or evolved in course of time. Fourthly, the constitution determines the structure of the main organs of government, the distribution of sovereign power between various authorities and the relations between the citizens and various organs of the government. Fifthly, it contains procedures for its own change which is generally quite different from the procedure for the enactment of ordinary laws. Sixthly, the constitution generally contains a statement of its objectives. Finally, the constitution not only lays down the rights of the citizens, but also specifies the limitations on the authority of the government. 2. The President of India is the head of the Union Executive. The President is elected by indirect election by an electoral college, in accordance with the system of proportional representation of single transferable vote. The electoral college shall consist of elected members of both houses of Parliament, the elected members of the Legislative Assemblies of the States and the elected members of the Legislative Assemblies of the Union Territories of Delhi and Pondicherry. Qualification for a presidential candidate are : Must be a citizen of India. Must have completed 35 years of age. Must be qualified to be a member of the Lok Sabha. Must not hold any office of profit. The following appointments are made by the President, The Prime Minister and on his advice other ministers. Attorney General of India. Comptroller and Auditor- General of India. Judges of the Supreme Court and High Courts including the Chief Justice. Governors of States. Lieutenant Governors and Commissioners of Union Territories. Members of Finance Commission. Members of the Union Public Service Commission. 2 9 6
Chief Election Commissioner and other members of the Election Commission. Special officers for the scheduled castes and other tribal areas. The President of India who is the Supreme Commander of the armed forces has the following powers: Right to declare war and peace. Legislative powers which include nomination of 12 members to the Rajya Sabha and 2 Anglo- Indian members to the Lok Sabha. Right to address the Parliament. The tenure of the President is five years. The President takes the oath of office before the Chief Justice of India but his letter of resignation should be addressed to the Vice-President of India. The President shall be removed only through impeachment, applicable only for the violation of the Constitution. In case of a dispute related to the Presidential election, only the Supreme Court of India has jurisdiction over it. With regard to vacancy a new President should be elected within six months. 3. Three methods of amendment of different provision of constitution are prescribed in the Article 368 of the constitution. First method of amendment is by a simple majority. Certain other provisions to be amended requires a majority of not less than two third of the members present and voting in each house. In some other cases besides two third members of both the house present and voting, it must be ratified by the legislatives of the one-half of the states. 4. Anti Defection Law was passed in 1985 as the 52nd Constitutional Amendment with the aim to political defections in India. A member of Parliament or state legislature belonging to a political party shall be disqualified if he voluntarily gives up the membership of his party or vote against the party directive or abstain from voting. Anti-defection law is added as the 10th schedule of Indian Constitution. The speaker considers the question of disqualification under antidefection law. The decision of the speaker in anti-defection law is now open to judicial review. 5. The Preamble of the Constitution of India embodies the ideals, aspirations and objectives of the social and political order to which the people of India are committed. The Preamble rests the sovereignty in the people of India which is a socialist, secular and democratic republic. Thus, the head of the nation will be elected, all religions will be respected and the State of India would be a welfare state committed to the ideals of socio-economic justice to be obtained in a democratic way by the rule of law. Commitment is made to political, social and economic justice. And to ensure social, economic and political justice, the Preamble emphasises the need for securing liberty, equality and fraternity for the Indian people. The liberty, would be of thought, expression, beliefs and faith, signifying political freedom and secularism. Equality is sought to be ensured on political, social and economic level thus besides adult franchise there would be equality of status and opportunity. Individual s self expression would be allowed freedom but within the limits of the overall objective of national unity and progress. 6. The constitution of India may be said to be a borrowed Constitution as its framers have gathered the best features liberally from various sources. The single most important source is the Government of India Act of 1935: the federal scheme, office of the Governor, power of federal judiciary, emergency powers were drawn from this Act. The British practice influenced the law- making procedure, rule of law, single citizenship, besides, of course, basically giving the mode of Parliamentary Government. The U.S. Constitution inspired in independence of judiciary, judicial, fundamental rights, removal of Supreme and High Court judges. The Irish Constitution was the source for the Directive Principles, method of 2 9 7
presided elections, nomination of members of Rajya Sabha by the President. From the Canadian Constitution was taken the idea of a federation with a strong Centre, and placing residuary powers with the Centre. The Weimer Constitution of Germany was the source of provisions concerning the suspension of fundamental rights during emergency, while the idea of a Concurrent List was taken from the Australian Constitution. 7. Indian Parliament is vested with the power to control over the Executive. The Executive is collectively responsible to the Lok Sabha. Thus it is assumed that the working of the Union Government is effectively controlled by the Parliament. However, in practice this control is exercised only in the form of question on adminstration raised during the question hour in the houses of Parliament. Parliament also has control over the revenue and expenditure of the Government. The Executive, cannot impose any tax without legislative sanction. If any tax is imposed without legislative authority, the aggrieved person can obtain his relief from the courts of India. As for expenditure, the pivot of parliamentary control is the Consolidated Fund of India. No money can be issued out of the Consolidated Fund of India unless the expenditure is authorised by an Appropriation Act. In fact, Executive cannot spend the public revenue without parliamentary sanction. The Policy Resolution of the Parliament are meant as supreme guidelines for the functioning of the executive Government. Parliament also specifies the manner in which certain specific powers constitutionally granted to different authorities is to be exercised. 8. According to the Constitution of India, the concept of Minorities incorporates the groups of people differing from the other in religion, culture and language numerically the majority. Thus there are religious, linguistic and cultural minorities. Religious, cultural and educational safeguards are incorporated in the Constitution to protect all minority groups (religious, cultural and linguistic.) The safeguards are: i. Right to maintain religious and charitable institutions and manage religious affairs without state interference. ii. Religious and linguistic minorities may establish and administer their own institutions and avail of state grants without discrimination. iii. A minority language may be recognised as one of the official language in a State. iv. Special officer for linguistic minorities to report on their status. Besides these, the state does not discriminate on the basis of religion, culture etc, in manners of public appointment and employment. 9. The Parliament can claim a privilege if (i) the Constitution grants it specifically or (ii) it has been created by a law of the Parliament (iii) it was enjoyed by the lower house on January 26, 1950. More specifically the Parliament enjoys freedom of speech, immunity from court proceeding, freedom from arrest in civil cases within 40 days before and after the session of the Parliament and immunity from liability in respect of Parliamentary papers. The Parliament can punish a person for contempt, can legislate and control the executive. The basic financial function of the parliament relates to the imposition of taxes and expenditure from consolidated funds of India. The Parliament can amend the Constitution but cannot alter its basic structure. The Parliament has internal autonomy to regulate its proceedings and act independently in internal matters. 10. The Rajya Sabha is an indirectly elected body of 250 members under Article 80 of the Constitution, can offer expert opinion on many issues as it consists of more experienced men. It has many legislative and watch dog functions to perform. It provides for additional debating forum and can reduce the legislative time problems faced by the Lok Sabha. It has exclusive power to transfer state legislative powers to the Centre. It can impose emergency in case the Lok Sabha stands dissolved. 2 9 8
It can revise bills, control passing of hasty legislation and interpose reasonable delay on arbitrary functioning of the Lok Sabha. 11. In the year 1994, our parliament enacted a very important constitutional amendment. This amendment was concerned with the Panchayati Raj Institutions (PRIs). As India opted for the planned development of the country, a proper role for the Panchayati Raj Institutions was prepared. This amendment is concerned with the last tier of the threetier PRI system. In the longdrawn debate of the democratic decentralisation, a major part had been concerned with the financial resources of the Gram Panchayat. The other important factor was the suitable role of the Gram Panchayat in planning process of the area. The present constitutional amendment went for major power delegation to the Gram Panchayat. The Gram Sabha was given full autonomy in the matters of planning as well as some extent of financial self-reliance. Onethird of the elected seats in the Gram Panchayat were reserved for the women. The most important fact concerning the Gram Panchayat had been concerning the financial powers. The eleventh Finance Commission has been asked by the President to devise the methods through which the Gram Panchayats could raise their fund as well as the devolution of revenue resources to them. The other important part of the Amendment is concerned with the constitutionality of the Plan, the Gram Panchayat passes for their local development. As per political scientists, the 73rd Constitutional Amendment is a milestone in the administrative development of the country. 12. One of the greatest legacies of British rule is the Judiciary and the legal set-up in India. An independent judiciary is the very heart of a republic. The foundation of a democracy, the source of its perennial vitality, the condition for its growth, and the hope for its welfare, all lie in that great institution - an independent judiciary. There is a single, integrated judicial system for the Union as well as the States for the administration of both Union and State laws. The judiciary is perhaps the most vital limb of the Government. The sanctity of any constitution rests, to a large extent, on this organ. The Constitution of India provides for an independent judiciary for the country, with the Supreme Court at the apex and High Courts at the State level. The Supreme Court of India is the highest judicial body of the land. 13. Union Parliament has been vested with the power to make laws regulating the constitution, jurisdiction, organisation and powers of the Supreme Court. It now consists of a Chief Justice and 25 other judges. The strength of the judges of the Supreme Court was initially fixed at eight (including the Chief Justice). Every judge of the Supreme Court is appointed by the President. The judges hold office until they attain the age of 65 years. No minimum age has been prescribed for the appointment as a judge of the Supreme Court of India nor any fixed period of office. In order to be qualified for appointment as a judge of the Supreme Court, a person must be (a) a citizen of India and (b) either a distinguished jurist, in the opinion of the President, or (c) should have been a High Court Judge for at least five years. An advocate on a State High Court of ten years standing also qualifies for the post. The independence of the Judges of the Supreme Court has been secured by the Constitution in a number of ways. Our Supreme Court possesses larger powers than its American counterpart, in many respects. The law declared by the Supreme Court shall, be binding on all courts within the territory of India. 14. The Supreme Court of India enjoys three types of jurisdiction: (a) original, (b) appellate and (c) advisory Besides, the Supreme Court has been constituted as a court of record and has the power to punish for contempt. This is an 2 9 9
extraordinary power which must be used sparingly, but where the public interest demands it, the Court will not shrink from exercising it and imposing punishment even by way of imprisonment in cases where a mere fine may not suffice. The Supreme Court has been conferred powers to direct the transfer of any civil/criminal case from one State High Court to another. As the final appellate court, the Supreme Court can revise the decisions of the High Courts. Likewise, substantial questions of law of general importance pending before State High courts may be taken over by the Supreme Court and disposed of. The Supreme Court enjoys numerous other powers including the power of judicial review. The apex court through its power of judicial review, has ensured that the basic structure of the constitution is in any way vitated. 15. The jurisdiction of the Supreme Court was sought to be severely curtailed by the 42nd Amendment of the Constitution effected in 1976. It is called as the Mini Constitution. The amending Act is a piece of comprehensive legislation containing 59 clauses and touching upon varied constitutional issues. The drastic impact of the 42nd Amendment Act briefly was: (a) It narrowed down and fettered the scope for judicial review of ordinary laws. (b) It devalued the Fundamental Rights vis-a-vis the Directive Principles. (c) It effectively obviated the possibility of judicial review of any Act for amendment of the constitution. (d) It virtually unsettled the original balance between the various organs of the State. This amendment had in fact effected a mini revolution, whereby Parliament sought to overthrow the supremacy of the Constitution and made itself supreme in its stead. Some of the far-reaching changes introduced by Mrs. Gandhi through this amendment were reversed by the Janata Government, by repealing them (through the 43rd Amendment Act of 1977). Some provisions of the 42nd Amendment, however, still stick (despite the Janata Governments bid to scrap them too), as a result of opposition of the Congress Party in the Rajya Sabha. 16. Despite the unitary characteristics and centralising tendencies, the Indian Constitution is yet a federal constitution of its own kind. India is a diverse society with fundamental underlining unity. The unity of India is firmly based on geography and deeply rooted in history. Criticism has become inevitable, in recent years, that the Union Government by virtue of its dominant position in the economic sphere, has left the States high and dry, and they have to constantly look to the Centre for financial assistance from time to time. The autonomy of the States having been thus eroded, some of them (especially those ruled by opposition parties) have been fighting hard to alter the picture. They have been pressing for greater autonomy, while demanding for a radical revision of the lopsided financial relations that subsist between the Centre and the States. The welfare activities of the States involving huge expenditure, coupled with recurring natural calamities, do call for an urgent revision of the financial provisions of the Constitution, in the light of the experience of 50 long years of our sovereign existence as a modern state. 17. Fundamental Duties is incorporated as part IV A of the constitution by the 42nd Amendment Act, 1976, based on the former USSR model. Fundamental Duties include ten duties of the citizens towards the State, by which it shall be the duty of every citizen of India. The ten duties are: 1. to abide by the Constitution and respect the National Flag and the National Anthem; 2. to cherish and follow the noble ideas which inspired our national struggle for freedom; 3. to protect the sovereignty, unity and integrity of India; 4. to defend the country; 5. to promote the spirit of common brotherhood amongst all the people of India; 3 0 0
6. to preserve the rich heritage of our composite culture; 7. to protect and improve the natural environment; 8. to develop scientific temper and spirit of inquiry; 9. to safeguard public property ; 10. to strive towards excellence in all spheres of individual and collective activity. 18. The powers of the Governor are: He/She appoints the Chief Minister and the council of Ministers, the Advocate-General and the members of the State Public Service Commission. The Governor nominates one member of the Anglo- Indian community to the Legislative Assembly of his State. The Governor can promulgate ordinances during the period, when the State Legislature is not meeting. The Governor has the power to grant pardon, reprieves, respites or remission of punishments. But he has no power to pardon death sentence. 19. The Sarkaria Commission, set up in June 1983 to study the Centre-State relations, has submitted its 1,500 page report. The report, which has now been published, comprehensively and categorically recommends a strong Centre for the proper functioning of the State. It also laid down wholesome guidelines for the application of Article 356 which was not to be exercised for the purpose of securing good government. 20. For the recruitment to the civil services and other posts under the Government, the Constitution provides for an independent body known as the Public Service Commission. The chairman and members of.the Commission are appointed by the President. Article 315 provides that there shall be a Public Service Commission for the Union as well as separate Public Service Commissions for each State. Two or more states may agree among themselves to have a common Public Service Commission. Further, the Union Public Service Commission, if requested by the Governor of a State may, with the approval of the President, agree to serve the needs of two or more states. To ensure the integrity and independence of the commission the Constitution debars its chairman and members from further employment after retirement, either under the Government of India or any State Government. 21. Indian Constitution provide for an independent body called Election Commission in Article 324 for the conduct of fair and unpartial elections. At present, the Election Commission consists of a Chief Election Commissioner and two Deputy Commissioners. Generally they hold office for a term of six years or till the age of retirement. The main functions of the Election Commission are: (1) Prepare electoral rolls for the election to parliament and state legislatures. (2) Supervise, direct and controls elections of President, Vice-President, Parliament and State Legislatures. (3) Lays down general rules for election and issues notification of dates and schedules of election. (4) Accord recognition to political parties and allot symbols etc. 22. The President constitutes a Finance Commission every five years. Article 280 of the Constitution provides for the appointment of the Finance Commission. It consists of a chairman and four other members to be appointed by the President. The Finance Commission makes recommendation to the President regarding the distribution of money between the Union and States and the net proceeds of taxes. The 11th Finance Commission was set up in 1997 under the chairmanship of A.M. Khusro. It submitted its report. The 12th Finance Commission was appointed by the Government in 2002 under the chairmanship of C. Rangarajan. The 13th Commission was setup in 2007 under the chairman ship of Vijay Kelker. 23. Parliament has established a contingency fund of India, into which sums are deposited from time to time. It is placed at the disposal of the President to enable advances 3 0 1
to be made by him to meet the unforeseen expenditure. Similar funds at the disposal of the State Governors are created in the State. 24. List of 22 regional languages are recognised by the Constitution in this schedule. With the passing of the 100th constitutional Amendment Bill four new languages (Maithili, Dogri, Bodo and Santhali) were included in the group of officially recognised languages. The other 18 languages are Assamese, Bengali, Gujarathi, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Konkani, Manipuri & Nepali. Konkani, Manipuri and Nepali were added to the 8th schedule by the 71st amendment. English is not included in the list. 25. Family Courts were set up in the country under the Family Court Act passed in 1984. They aim to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs. These courts are set up in cities with a population of more than 10 lakh. Subtle family disputes are settled in an atmosphere of friendliness and consideration. The aim of the court is to strengthen family ties and bind people not to break them apart wherever possible. International Day of the Family is observed on May 15. 1994 was observed as the international Year of the Family by U.N. 26. CAT is the Central Administrative Tribunal. CAT was set up in November 1985 to provide speedy and inexpensive justice to Central Government employees in respect to their service matters. The tribunals are empowered to resolve disputes and complaints relating to recruitment and conditions of service of persons appointed to public services and posts in connection with affairs of the union Government. It has the jurisdiction, powers and authority of a court in specified matters. 27. Lok Adalats are supplementary forums for conciliatory settlement of disputes. All categories of cases except criminal cases can be settled through LAs. They have acquired a statutory base and the awards passed by the LAs are deemed to be the decrees of the civil court and are binding on all parties to the dispute. There does not lie any appeal to any court against an award passed by LAs. Permanent and continuous LAs are being set up in all districts for encouraging the parties to resolve their disputes and differences amicably. Legal services Day is observed on November 9. 28. The High Court is the zenith of judiciary in the State. Jurisdiction of a High Court can be extended to more than one State. The Chief Justice is appointed by the President in consultation with the Chief Justice of the concerned High Court. The salaries are from the charged expenditure of the consolidated fund of the state. They retire at the age of 62. 29. According to the constitution, the Council of Ministers stays in office only as long as it enjoys the confidence of the Lok Sabha; once the confidence is withdrawn the Government is bound to resign. The rules of parliamentary procedure accordingly provide for moving a motion to ascertain this confidence. The motion is generally known as noconfidence motion. A motion of this kind must express want of confidence in the council of ministers, and an individual minister, as the Constitution only provides for collective responsibility. A notice of such a motion must be given before the commencement of the sitting on the day it is desired to be raised. If the Speaker is convinced that the motion is in order, the motion is read in the House. Members in favour of leave being granted to debate the motion are to indicate their support. The Speaker grants leave if not less-than fifty members support the motion. Once admitted, the motion has to be taken up within ten days of the leave being granted. The time for discussion is usually decided after consulting the Business Advisory Committee. 30. The 93rd Amendment Bill of the Constitution to make elementary education a fundamental right secured 3 0 2
the approval of the Lok Sabha on November 27, 2002. Once the bill becomes Act, all the children in the 6 to 14 age group will have the Fundamental Right to free and compulsory education. As per the bill the state shall endeavour to provide early childhood care and education for all children until they complete the age of six years. The new law empowers a child to take a state to court of he/she be devoid of his/her fundamental Right. Terminology Adjournment: When a sitting assembly is discontinued to be resumed later, it is said that the assembly is adjourned and if the assembly is discontinued without prescribing the date for reassemblage, it is said that the assembly has been adjourned sine die. A sitting can be adjourned by the speaker on a resolution being passed by the assembly. Adult Franchise: Franchise refers to the right or privilege of voting. Adult franchise is a voting right of an adult without the distinction of gender, caste, colour or religion. This is also called universal suffrage. New Zealand is the first country to introduce women franchise. Bicameral States: Those states which have two Houses of Legislature is called bicameral states. Unicameral states have only one House of Legislature. Climbing on the Bandwagon: Endorsing support to a person who is likely to be elected. Crossing the Floor: When a legislator changes his party label, he is said to have crossed the floor. Cross Voting: The voting by members breaking the barriers of the party is cross voting. Dissolution: Disbanding of the Assembly to hold fresh elections. Extradition: The removal of a person by the state where he happens to be, to the state or the territory on which he is alleged to have committed a crime. Gallup Poll: Conduct of test poll to ascertain public opinion on topical subjects. It has been named after Dr. Gallup of U.S.A., who introduced this poll. Gram Sabha: It is a general body of all the voters residing within the jurisdiction of the village panchayat. Gram Panchayat: It is the first tier of the Panchayati Raj and is elected by Gram Sabhas. Gerrymandering: A reorganisation of electoral districts to gain some advantage in a forthcoming election. It should be distinguished from the reorganisation of electoral districts which is sometimes essential to ensure that every parliamentary representative speaks for approximately the same number of votes, which is known as redistribution. Judicial Review: Judicial Review refers to the power of the judiciary to pronounce judgement with regard to the validity of legislation passed by the legislature and the action taken by the administrative authorities. Article 32 confers the power of judicial review on the Supreme Court. Junta: It is a collective body, consisting usually of military men, which imposes military rule in a country. Lobbying: The practice of trying to canvass support for a particular measure or viewpoint through personal contacts with the members of legislature. This is usually done in the lobbies to which public has access. Hence the term lobbying. Legal Sovereignity: The Sovereignity of a state which is legally vested in a particular agency e.g., the Monarch of England, the President of India etc. Such persons may be called titular or nominal sovereigns. Manifesto: It is a document which is issued, generally before a major election, by a political party, outlining its policies and programmes. Martial Law: A state of affairs declared by a civilian government in which the military forces are authorised to govern and control certain areas without the usual constraints of democratic decision making or without accepting civil rights. Martial law is a temporary state of affairs and is legitimate in the sense that is directly decided upon and granted by the civilian government. 3 0 3
Nyaya Panchayat: It is the judicial panchayat and is considered an adjunct of the Panchayati Raj system. It is meant to provide speedy and cheap justice to the villagers. People Sniffer: Indictment of Government through unofficial media. Plebiscite: A vote by which the people of an entire country or district, express an opinion for or against a proposal especially on a choice of government or ruler. Political Defection: The phenomenon of a legislator elected as a member of a political party quitting the party without resigning the seat is called political defection. Prorogation: The discontinued sitting of the Assembly is to be reassembled later. It is done by the Governor or the President on the advice of the Chief Minister or the Prime Minister respectively. Adjournment can be over ruled by prorogation. Proportionate Representation: An electoral system which was first advocated by J.S. Mill. According to this, the votes of minorities are not wasted. Indian President, Vice-President and members of Rajya Sabha are elected by this method. Public Interest Litigation: It means that any member of the public can directly write and draw attention of the court to some injustice being suffered by the members of the public. Shadow Cabinet: the persons who have been elected by the opposition party to assume portfolios in case the party is able to wrest the power. Snap Vote: Voting unexpectedly recorded without the voters being informed in advance by party whip. Zila Parishads: It is the thirdtier of the Panchayati Raj and consists of President s of Panchayat Samithis, besides the MLA s and MP s elected from the district. Amnesty: An act of general pardon of offenders and termination of their penalties Amnesty is generally granted for political offences in the name of the Head of the State to placate the opponents of the regime through an act of generosity and trust. Byelection: Special election to a seat rendered vacant during the running term of an elected person (by death, resignation or disqualifica-tion) Cold War: A state of tension between countries in which each side adopts policies designed to strengthen itself and weaken the other, but falling short of actual war. Coupd'etat: A sudden change of government by force, brought about by those who already hold some governmental or military power. Filibuster: Parliamentary device of long speeches, not necessarily relevant to obstruct delay or bargain over a measure under consideration for voting. Guillotine: The act of putting all the demands to vote without discussion on the last day marked for discussion of budget. Ratification: The formal adoption by a state of a treaty signed by the representatives. Refrendum: A device of direct democracy which is used to ascertain the view of electorate either in the form of government or as a legislative proposal on a policy issue. Question Hour: The first hour of every parliamentary sitting is slotted for this. During this time, the members ask questions and the ministers usually give answers. The questions are of three kinds namely starred, unstarred and short notice. Zero Hour: It is an informal device available to the members of the parliament to raise matters without any prior notice. The zero hour starts immediately after the question hour and lasts until the agenda for the day. The time gap is 60 minutes. No-Confidence Motion: Article 75 of the constitution says that the ministry stays in the office so long as it enjoys confidence of the majority of the members of the LokSabha. In otherwords, the Lok Sabha can remove the ministry from office by passing a non confidence motion. The motion needs the supports of 50 members to be admitted. Abbreviations AAGSP : All Asian Gana Sangam Parishad. ABVP : Akhil Bharatiya Vidhyarthi Parishad. AG : Attorney General. 3 0 4
AIADMK : All India Anna Dravida Munnetra Kazhagam. BJP : Bharatiya Janatha Party. BKD : Bharatiya Kranthi Dal. BJD : Biju Janata Dal. BLD : Bharatiya Lok Dal. BSP : Bahujan Samaj Party. CPI : Communist Party of India. CPI (M) : Communist Party of India (Marxist). CMP : Common Minimum Programme. CAT : Central Administrative Tribunal. CAG : Comptroller and Auditor General. DMK : Dravida Munnetra Kazhagam. ESMA : Essential Services Maintenance Act. EVM : Electronic Voting Machine. FBL : Forward Block. INL : Indian National League. ISP : Indian Socialist Party. IUML : Indian Union Muslim League. JD (U) : Janata Dal (United). JP : Janata Party. MDMK : Marumalarchi Dravida Munnetra Kazhagam. NCP : National Congress Party. NDA : National Democratic Alliance. POTA PDP PMK RJD RJP RLD RPI RSP SJP SAD TDP TULF UPA : Prevention of Terrorism Activities (Act). : People s Democratic Party. : Pattali Makkal Katchi. : Rashtriya Janata Dal. : Rashtriya Janata Party. : Rashtriya Lok Dal. : Republican Party of India. : Revolutionary Socialist Party. : Samajwadi Janata Party. : Shiromani Akali Dal. : Telugu Desam Party. : Tamil United Liberation Front. : United Progressive Alliance. Important Amendments Amendments deal with Amend. 7(1956) Implement State Reorganisation Plan. Amend. 25 (1971) Amended Art. 31 regarding the right of the state to acquire private property for public purpose. Amend. 42 (1976) Brought about drastic changes in the Indian Constitution. Because of its wide sweep and drastic nature, it came to be called a Mini Constitution. Its main provisions are 1) the words secular and socialist were added to the Preamble. 2) the primacy of Directive Principles over Fundamental Rights was ensured 3) restrictions were placed on the exercise of judicial review by the High Courts. It was laid down that the Supreme Court alone would be entitled to examine the constitutional validity of union laws. Amend. 44 (1978) The Right of Property, a fundamental right was taken away and it is only a legal right now. Amend. 56 (1987) Accorded the status of statehood to Goa. Provided a 40 member Legislative Assembly to Goa. Amend. 61 (1988) Reduced the voting age from 21 to 18 years for the Lok Sabha as well as Assembly elections. Amend. 71 (1992) Provides that the Konkani, Manipuri, and Nepali shall be included in the Eighth Schedule, thus raising the number of languages from 15 to 18. Amend. 73 (1992) Lead to the formation of Panchayati Raj. Amend. 74 (1992) Led to the formation of Nagar Palikas. Amend. 79 (1999) Extended the reservation of Scheduled Castes, Scheduled Tribes, and Anglo- Indians in Lok Sabha and State Assemblies for ten more years ie, upto 2010. Amend. 84 (2000) Relates to the creation of new states of Jharkhand, Chattisgarh and Uttaranchal. 93 Amendment Bill : Education - A Fundamental Right. 3 0 5