Category: apsc polity

Article 371 (A), (B), (C), (F), (G) & (H) Special status for Northeast states – Assam/Northeast Notes

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Article 371 (A), (B), (C), (F), (G) & (H) Special status for Northeast states – Assam/Northeast Notes

Assam Polity - Assamexam

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Six northeast India states of Nagaland, Assam, Manipur, Sikkim, Mizoram and Arunachal Pradesh enjoy special provisions under Article 371 of Indian Constitution.

 

Article 371A for Nagaland

A makes special provision with respect to Nagaland to protect the rights of the tribal population. Notwithstanding anything in this Constitution, no Act of Parliament in respect of-

(a) religious or social practices of the Nagas,

(b) Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law,

(c) ownership and transfer of land and its resources,

 

Article 371B for Assam:

Article 371B makes special provision with respect to the States of Assam.

Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.

Read more – Article 371B of Indian Constitution

 

Article 371C for Manipur:

Article 371C of Constitution of India makes special provision with respect to the State of Manipur.

(1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee.

(2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.

 

Article 371F for Sikkim:

Article 371F makes special provisions with respect to the State of Sikkim.

Notwithstanding anything in this Constitution,—

(a) The Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;

(b) As from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975;

(i) The Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;

(ii) The sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and

(iii) The said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;

(c) In the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of five years, in clause (1) of article 172 shall be construed as references to a period of four years and the said period of four years shall be deemed to commence from the appointed day;

(d) Until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;

(e) The representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;

(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;

(g) The Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;

(h) All property and assets which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;

(i) The High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;

(j) All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;

(k) All laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority;

(l) For the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;

(m) Neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of article 143;

(n) The President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;

(o) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day;

(p) All things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives the assent of the President shall, in so far as they are in conformity with the provisions of this Constitution as amended by the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.

 

Article 371G for Mizoram:

Article 371G of Constitution of India makes special provision with respect to the state of Mizoram.

Notwithstanding anything in this Constitution,-

(a) No Act of President in respect of –

(i) religious or social practices of the Mizos,

(ii) Mizo customary law and procedure,

(iii) administration of civil and criminal justice involving decisions according to Mizo customary law,

(iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides:

Provided that nothing in this clause shall apply to any Central Act in force in the union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;

(b) The Legislative Assembly of the State of Mizoram shall consist of not less than forty members.

 

Article 371H for Arunachal Pradesh:

Article 371H of Constitution of India makes special provision with respect to the State of Arunachal Pradesh.

Notwithstanding anything in this Constitution,

(a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:

Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:

Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;

(b) The Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.

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Article 371B of Indian Constitution – Assam Polity Notes

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Article 371B of Indian Constition - Assam/Northeast Polity Notes

Assam Polity - Assamexam

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The six states in the northeast, namely Nagaland, Assam, Manipur, Sikkim, Mizoram and Arunachal Pradesh enjoy special provisions under Article 371.

Article 371B in the Constitution Of India 1949, added by the 22nd Constitutional Amendment Act of 1969, is with regards to the special provision with respect to Assam. Under this Article, the President is empowered to provide for the creation of a committee of the Assam Legislative Assembly consisting of members elected from the Tribal Areas of the state and such other members as he may specify. 

The Article 371B: State of Assam Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.

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Salient features of the Constituent Assembly – APSC Exam Notes

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Salient features of the Constituent Assembly

Indian Polity Notes APSC, UPSC and State Exam Notes

The Constituent Assembly of India sat for the first time on December 9, 1946, deciding on its national flag, national insignia, national anthem; and ultimately adoption of the Constitution which made our country a democratic republic.

 

Important Features of Indian Constituent Assembly
  • The Constituent Assembly of India came into existence as per the provisions of Cabinet Mission Plan of May 1946, to formulate the Constitution of India for facilitating appropriate transfer of sovereign power from British authorities to Indian hands.
  • The Assembly was to have proportional representation from existing provincial legislatures and from various princely states.
  • The Assembly was to have three sections: Punjab & North-West, Bengal-Assam and Rest of India. The Constitutions were to be formulated for Indian Union, each Section and for each of the Provinces therein. The Muslim League won most of the 80 Muslim seats and dominated two smaller Sections, chose not to participate so the Assembly never convened separately in sections.
  • The Constituent Assembly held 12 sessions, or rounds of sittings:
  1. December 9-23, 1946,
  2. January 20- 25, 1947,
  3. April 28- May 2, 1947,
  4. July 14- 31, 1947,
  5. August 14- 30, 1947,
  6. January 27, 1948,
  7. November 4, 1948-January 8, 1949,
  8. May 16- June 16, 1949,
  9. July 30-September 18, 1949,
  10. October 6-17, 1949,
  11. November 4-26, 1949,
  12. January 24, 1950.
  • Biggest change in membership was caused by the declaration of Partition of India. Certain members like Dr. Ambedkar, who were elected from territories assigned to Dominion of Pakistan, lost their seats. After initial disinterest, the princely states started negotiating with a committee of the Assembly for their representation. Over a period, hundreds of princely states were grouped into larger associations and provisions were made for them to elect their representatives to the Assembly. Hyderabad did not send any representative till the end. Maximum membership towards the end of tenure of Assembly was 307.

 

Some of the important Organisational Committees are
  1. Rules of Procedure Committee (appointed on December 11, 1946. 15 members, Chairperson- Rajendra Prasad, ex-officio. Worked till 20 Dec. 1946)
  2. Steering Committee (appointed on January 21, 1947. 19 members, Chairperson- Rajendra Prasad, ex-officio)
  3. Staff and Finance Committee (appointed on December 23, 1946. 11 members, Chairperson- Rajendra Prasad, ex-officio)
  4. Credentials Committee (appointed on December 23, 1946. 5 members, Chairperson- A.K. Ayyar.
  5. Order of Business Committee (appointed on January 25, 1947. 3 members, Chairperson- K.M. Munshi)
  6. States (Negotiating) Committee (appointed on December 21, 1946. 6 members, Chairperson- J.L. Nehru)
  7. Flag Committee (appointed on June 23, 1947. 12 members, Chairperson- Rajendra Prasad, ex-officio)
  8. Committee on Functions of Constituent Assembly, under the Indian Independence Act (appointed on August 20, 1947. 7 members, Chairperson- G.V. Mavlankar)

Principal Committees and their sub-committees
  • Advisory Committee on Fundamental Rights, Minorities, Tribal Areas and Excluded Areas (appointed on 24 Jan. 1947. 57 members, Chairperson- Sardar Patel)
  • Union Powers Committee (appointed on 25 Jan, 1947. 12 members, Chairperson- J.L. Nehru)
  • Union Constitution Committee (appointed on 4 May. 1947. 12 members, Chairperson- J.L. Nehru)
  • Provincial Constitution Committee (appointed on 4 May. 1947. 21 members, Chairperson- Sardar Patel)
  • Drafting Committee (appointed on 29 Aug. 1947. 8 members, Chairperson- Dr. Ambedkar)

 

Other Sectoral Committees
  • Ad-hoc Committee on Citizenship (appointed on 30 April, 1947. 7 members, Chairperson- S. Varadachariar)
  • Committee on Chief Commissioner’s Provinces (appointed on 31 July, 1947. 7 members, Chairperson- N. Gopalaswami Ayyangar)
  • Experts Committee on Financial Provisions of Constitution (appointed in Nov. 1947. 3 members, Chairperson- N.R. Sarkar)
  • Sub-Committee on Minority safeguards for West Bengal and East Punjab (appointed on 24 Feb. 1948. 5 members, Chairperson- Sardar Patel)

Rajendra Prasad was the elected President of Constituent Assembly while VT Krishnamachari and HC Mookerji served as Vice-Presidents.

HVR Iyengar was the secretary general of the Assembly, and SN Mukherji was the Chief Draftsman.

After authentication of copies of the Constitution, the Constituent Assembly got naturally dissolved with its Chairperson having been elected the President of India.

The Assembly continued functioning as provisional Parliament of India till first general elections were held. The first amendment to the Constitution of India was made by this provisional Parliament in the summer of 1951.

 

Preparation of Memorandum

1. Dissemination of Constitutional Advisor’s Brief & Questionnaire (September 1946-November 1947)

B N Rau was appointed Constitutional Advisor by the-then Viceroy Lord Wavell to head the Constituent Assembly Secretariat sometime in late July 1946. He had retired from civil service in January 1944 but remained active. He offered his honorary services to the Viceroy, which was accepted most probably due to his stint in Reforms Office soon after the enactment of Govt. of India Act, 1935.

2. Preparation of Memorandum by the Advisor based on responses; Submission of notes by certain members (February-November 1947)

Based on responses to his briefs and questionnaire, Rau prepared his Memorandum which included blueprints of probable provisions of impending constitution.

3. Deliberations in Principal Committees, including joint and sub-committees, and their Reports (February-August 1947)

In the second session of Assembly, its Chairman constituted four principal committees: Advisory Committee on Fundamental Rights, Minorities and Tribal Areas & Excluded Areas, Provincial Constitution Committee, Union Constitution Committee and Union Powers Committee. Of these committees, first two were chaired by Sardar Vallabhbhai Patel while the latter two were chaired by Nehru. Most of these committees appointed their sub-committees for more focused work on particular segment. Two or three of these committees also sat jointly to consider matters lying in overlapping zones of consideration.

4. Working of Constituent Assembly, including nomination of acting President, election of regular President and formation of operational committees was decided by an unofficial Experts’ Committee of Congress in July-August 1946. It was this committee which prepared the draft of Objective Resolution which was moved in the first session by Nehru.

5. Discussion on Reports in Constituent Assembly and adoption of principles (April-Aug. 1947)

The Assembly discussed the reports of principal committees in detail and adopted the principles therein.

 

Objective Resolution
  • Objectives Resolution was introduced by Jawahar Lal Nehru on 13th December 1946 in the Constituent Assembly. This Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947 as the Preamble to the Indian Constitution.
  • It laid down the fundamentals and philosophy of the constitutional structure. It provided the foundation for India’s Constitution, which institutionalized the essential values of equality, liberty, democracy, sovereignty, and cosmopolitan identity.
  • The Objective Resolution forms the basis of the Preamble to the Indian Constitution. Preamble declares India to be a sovereign, socialist, secular and democratic republic. 
  • The objective of the Preamble  is to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.

Veto Power of the President of India – Indian Polity Notes for APSC Exam

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Veto Power of the President of India

– Indian Polity Notes for APSC Exam

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A veto is the power to unilaterally stop an official action or enactment of legislation. A veto can be absolute or it can be limited. In India, the president has three veto powers.

Article 111 of the Constitution of India provides the Veto powers of the President of India.

When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either

  • assents to the Bill, or
  • withholds assent therefrom.

Article 111 sets no definite timeline but it state that the President may return the Bill “as soon as possible” to the Houses with a message to reconsider it. However, if the Houses enact the Bill with or without amendments and present it to the President for assent, “the President shall not withhold assent therefrom”.

For a Bill to become an Act, the President’s assent is must. The Indian President can sit on a Bill indefinitely.

Zail Singh, the President of India from 1982 until 1987, exercised a pocket veto to prevent the Indian Post Office (Amendment) Bill from becoming law.

 

The President of India has three types of veto powers?

The three types of Vetoes are:

  1. Absolute Veto
  2. Suspensive Veto
  3. Pocket Veto
Types of Veto Powers
Absolute Veto Suspensive Veto Pocket Veto
The power of the President to withhold the assent to the bill is termed as his absolute veto The power of the President to return the bill to the Parliament with or without consideration is called suspensive veto The power of the President to not act upon the bill is termed as a pocket veto

 

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Absolute Veto
  • When the President exercises his absolute veto, a bill does not become an act. The bill ends even after passed by the Indian Parliament.
  • President uses his absolute veto in the following two cases:
    • When the bill passed by the Parliament is a Private Member Bill
    • When the cabinet resigns before President could give his assent to the bill. 
  • In 1954, this veto was exercised by Dr. Rajendra Prasad
  • In 1991, this veto was used by the then President R Venkataraman

 

Suspensive Veto
  • President uses his suspensive veto when he returns the bill to the Indian Parliament for its reconsideration.
    • If the Parliament resend the bill with or without amendment to the Indian President, he has to approve the bill without using any of his veto powers. Thus his suspensive veto can be over-ridden by the Parliament. 
    • With respect to state bills, state legislature has no power to override the suspensive veto of President. Governor can withhold the bill for the President’s consideration and even if state legislature resends the bill to governor and governor to President, he still can withhold his assent.
  • When the Parliament resends the bill to the President, it has to follow only the ordinary majority in the houses and not the higher majority.

  • Suspensive veto can’t be applied on Money Bill.

 

Pocket Veto
  • The bill is kept pending by the President for an indefinite period when he exercises his pocket veto.
  • He neither rejects the bill nor returns the bill for reconsideration.
  • Since no time-limit for the President within which he has to act upon the bill, is specified in the Constitution of India.

President does not have any veto power with regard to the Constitutional Amendment Bills.

 

Types of Bills President’s Veto Power
Ordinary Bills
  • Can Ratify
  • Can Return
  • Can Reject
Money Bills
  • Can Ratify
  • Can Reject
  • Can’t Return
Constitutional Amendment Bills
  • Can Ratify
  • Can’t Reject
  • Can’t Return

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Speaker of the Lok Sabha – Indian Polity Notes for APSC Exam

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Speaker of the Lok Sabha

Indian Polity Notes for APSC, UPSC & State exams

 

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There are no defined list of rules and procedures for the Officers of Lok Sabha and Rajya Sabha. But, the office of the Speaker is more than being only the presiding officer of the Lok Sabha.  When any Member is appointed the speaker, he/she keeps his party allegiance aside and acts in an impartial manner.

Powers of the Speaker of the Lok Sabha

The Office of the Speaker is  powerful, as it derives powers from three sources –

  • The Constitution,
  • The Rules of Procedures and Conduct of Business of Lok Sabha and
  • The Parliamentary Convention(residuary powers that are unwritten or unspecified).

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The Speaker is the sole authority to decide whether a Bill is a Money Bill or not. This decision of his/her cannot be challenged. The Speaker has to consult Article 110 to mark a Bill as Money Bill.

The speaker of the Lok Sabha presides over the joint setting of the two houses.  If the Speaker is absent, the Deputy Speaker of the LS presides. If the Deputy Speaker is also absent, then Vice Chairman of the RS presides.

The Speaker enjoys a special relationship with the Parliamentary Committees. All the Joint Parliamentary Committees are appointed by the Speaker and they report to him/her.

The Speaker nominates various members to these committees. If the Speaker is a Member, he/she becomes the ex-officio Chairman.

The Office of the Speaker is retained till the 1st meeting of the next Lok Sabha. All other Members cease to be in office once the Lok Sabha dissolves.

 

Special Role under the Tenth Schedule to the Indian Constitution (Anti-Defection law)

The Speaker has to accept the resignation of any Member of the House. This is to ensure that the resignation is voluntary. This decision is final but is open to Judicial Review.

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State Legislative Council (Vidhan Parishad) – Indian Polity Notes for APSC Exam

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State Legislative Council or Vidhan Parishad

Polity Notes for APSC, UPSC & State exams

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India follows a bicameral system at both the centre and state level. Under this system, the state’s legislature is divided into two parts – Legislative Assembly or Vidhan Sabha and Legislative Council or Vidhan Parishad.

Members of the Legislative Assembly are directly elected by the people through assembly elections. Vidhan Parishad or Legislative Council is a permanent body, which can be formed or abolished when the Legislative Assembly passes a special resolution.

The Legislative Council is the upper house of the state. Its establishment is defined in Article 168 of the Constitution of India.

As of January 2020, 6 out of 28 states have a State Legislative Council. The states with bicameral legislature include Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. These states have both the Legislative Council and Legislative Assembly.

Eligibility to be a member of State Legislative Council

To become a member of a State Legislative Council (MLC), a person must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be enrolled on the voters’ list of the state for which he or she is contesting an election. He or she may not be a Member of Parliament and Member of the State Legislative Assembly at the same time.

Tenure of Members

The tenure of the MLCs are six years. One-third of the members of State Legislative Council retire after every two years.

Member Composition

The size of the State Legislative Council cannot be more than one third of the membership of the State Legislative Assembly. However, its size cannot be less than 40 members.

MLCs are chosen in the following manner

  • One third are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis and district councils.

  • One third are elected by the members of Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.

  • One sixth are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.

  • One twelfth are elected by persons who are graduates of three years’ standing residing in that state.

  • One twelfth are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.



Role of State Legislative Council
The State Legislative Council also have no role in the passing of money bills. But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status of Cabinet Ministers in the state.



Difference between the Legislative Assembly and the Legislative Council

  • The term of the Legislative Assembly is five years unless it is dissolved earlier on the request of the chief minister. The tenure of the members of the council is six years, and a third of the members of the House retire after every two years.

  • Legislative Assembly is the lower house, much like the Lok Sabha of the Parliament. Legislative Council is the upper house in the state and like the Rajya Sabha, it is a permanent House.



Assam Legislative Council

The Assam Legislative Council was the unicameral legislature of Assam in India from 1913 to 1935 and then the upper house of the bicameral legislature from 1935 to 1947, when it was abolished by the India (Provincial Legislatures) Order, 1947.

 

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List of Borrowed Features of Indian Constitution – Polity Notes for APSC Exam

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List of Borrowed Features of Indian Constitution

Polity Notes for APSC, UPSC & State exams

Many provisions of the Indian Constitution are borrowed from well-established provisions found in the constitutions of various countries. Framers of our constitution did change the provisions to suit India’s scenario and subject.

Some of the important borrowed provisions are provided below.

Britain

  1. Parliamentary government
  2. Rule of Law
  3. Legislative procedure
  4. Single citizenship
  5. Cabinet system
  6. Prerogative writs
  7. Parliamentary privileges
  8. Bicameralism

 

Ireland

  1. Directive Principles of State Policy
  2. Method of Election of the president
  3. Members nomination to the Rajya Sabha by the President

 

Unites States of America

  1. Impeachment of the president
  2. Functions of president and vice-president
  3. Removal of Supreme Court and High court judges
  4. Fundamental Rights
  5. Judicial review
  6. Independence of judiciary
  7. The preamble of the constitution

 

Canada

  1. Centrifugal form of federalism where the centre is stronger than the states.
  2. Residuary powers vest with the centre
  3. Centre appoints the Governors at the states
  4. Advisory jurisdiction of the Supreme Court

 

Australia

  1. Concept of Concurrent list
  2. Joint sitting of the two houses
  3. Freedom of trade and commerce

 

USSR

  1. Fundamental duties
  2. The ideals of justice (social, economic and political), expressed in the Preamble.

 

France

  1. Concept of “Republic”
  2. Ideals of Liberty, Equality and Fraternity(contained in the Preamble)

 

Germany

  1. Fundamental Rights are suspended during Emergency

 

South Africa

  1. Election of members of the Rajya Sabha
  2. Amendment of the Constitution

 

 Japan

  1. Concept of “procedure established by Law”

 

Borrowed features of Indian Constitution are as follows:

Government of India Act of 1935

  1. Federal Scheme
  2. Office of governor
  3. Judiciary
  4. Public Service Commissions
  5. Emergency provisions
  6. Administrative details

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Parliamentary System in India – Polity Notes for APSC Exam

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Parliamentary System in India

Polity Notes for APSC, UPSC & State exams

 

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The democratic system of government can be parliamentary like India or presidential system like US, based on the relationship between the executive and the legislature.

  • In a parliamentary system, executive is a part of legislature, which implements the law and plays an active role in framing it as well.
  • The head of the state may be a monarch or a president, but these positions are ceremonial. The de-facto head of the government is generally called as the Prime Minister, for all the real executive powers are vested upon him/her.
  • This type of govt system is also called as the Cabinet government due to concentration of executive powers in the cabinet.
  • Articles 74 and 75 of India Constitution deals with the parliamentary system at the centre.
  • Article 163 and 164 deals with the Parliamentary system at the states.

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Important Features of the Parliamentary System

  1. Nominal and Real Head: The head of the state holds a ceremonial position and is the nominal executive. For example, the President.
  2. Close relationship between the legislature and the executive: Prime Minister along with the Council of Ministers form the executive and the Parliament is the legislature. The PM and the ministers are elected from the members of parliament, implying that the executive emerges out of the legislature.
  3. Executive responsible to the legislature: The executive is responsible to the legislature. There is a collective responsibility, that is, each minister’s responsibility is the responsibility of the whole Council.
  4. Majority Party Rule: The party which wins majority seats in the elections of the Lower House forms the government. In India, the President invites the leader of the majority party in Lok Sabha to form the government. The President appoints the leader as the Prime Minister and the other ministers are appointed by the President on the advice of the Prime Minister. The President may invite a coalition of parties to form the government, in case, no party has got majority.
  5. Collective Responsibility: The council of ministers are collectively responsible to the parliament. The lower house of parliament has an ability to dismiss a government by getting the no confidence motion passed in the house. In India, the government survives till the time it enjoys support of the majority of members in the Lok Sabha. Thus, Lok Sabha is empowered to introduce no-confidence motion against the government.
  6. Prime Minister as the Centre of Power: In India, the Prime Minister is the real executive. He is the head of the government, the council of ministers and the ruling government. Thus, he has to play a significant and important role in the working of the government.
  7. A Parliamentary Opposition: No government in the parliament can get hundred percent majority. The opposition plays an important role in checking the arbitrary use of authority by the political executive.
  8. Independent Civil Service: The civil servants advice and implement decisions of the government. Civil servants hold permanent appointments based on merit-based selection process. They ensure continuity of employment even when the government changes. The civil service also ensures efficiency in execution of duties and responsibilities.
  9. Bicameral Legislature: Most of the countries following parliamentary system, including India, have bicameral legislature. The members of the Lower House of all these countries are elected by the people. The Lower House can be dissolved, in case, the term of the government is over or there is no scope of government formation due to lack of majority in house. In India, the President can dissolve the Lok Sabha on recommendation of the Prime Minister.
  10. Secrecy: The members of the executive in this system have to follow the principle of secrecy in matters such as proceedings, executive meetings, policymaking etc. In India, the ministers take oath of secrecy before entering their office.

 

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Emergency Provisions in the Indian Constitution – Indian Polity Notes for APSC Exam

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Emergency Provisions in the Indian Constitution

Indian Polity Notes for APSC, UPSC and State Exams

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A state of emergency in India can be proclaimed by the President of India during certain crisis situations. Under the advice of the cabinet of ministers, the President can overrule many provisions of the Constitution, which guarantees Fundamental Rights to the citizens of India.

Articles 352 to 360 in Part XVIII of the Constitution of India deals with the emergency provisions. These are given to deal with exceptional circumstances like war or rebellion and to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.

The emergency provisions are influenced by the German constitution. These provisions turns India’s federal structure into a more unitary one.

Emergency provisions in Indian Constitution

A state of emergency is a period of governance that can be proclaimed by the President of India during certain crisis situations. 

The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360.

The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.

The Constitution stipulates three types of emergencies-

  1. National Emergency
  2. Constitutional Emergency
  3. Financial Emergency

National emergency

Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

The President can declare a national emergency even before the actual occurrence of war or armed rebellion or external aggression

When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. Whereas when it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal Emergency’. This term ‘armed rebellion’ is inserted from the 44th amendment, by replacing ‘internal disturbance’.

The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue.

Parliamentary approval

The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue. However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.

If approved by both the houses, the Emergency continues for 6 months and can be extended to an indefinite period with an approval of the Parliament for every six months.

Revocation of proclamation

A proclamation of Emergency may be revoked by the President at any time by a subsequent proclamation. Such proclamation does not require parliamentary approval.

The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority disapproving its continuation.

Effects on the centre-state relations

While a proclamation of Emergency is in force, the normal fabric of the Centre-State relations undergoes a basic change. this can be studied under three heads:
Executive: Centre becomes entitled to give executive directions to a state on ‘any’ matter

  • Legislative: The parliament becomes empowered to make laws on any subject mentioned in the state list, the president can issue ordinances on State subjects also, if the parliament is not in session.
  • Financial: the president can modify the constitutional distribution of revenues between the centre and the states.
Effect on the life of the Lok Sabha and State Assembly

While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond the normal term for one year at a time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

Similarly, the Parliament may extend the normal tenure of a state Legislative Assembly by one year each time during a national emergency, subject to a maximum period of six months after the emergency has ceased to operate.

Effect on fundamental rights

Suspension of Fundamental rights under Article 19: According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended.

The 44th Amendment Act laid out that Article 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.

Suspension of other Fundamental Rights: Under Article 359, the President is authorised to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights.

The 44 Amendment Act mandates that the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Article 20 and 21.

This type of emergency has been proclaimed three times so far.

  1. The first proclamation of National Emergency was issued in October 1962 on account of Chinese aggression in the North-East Frontier Agency (Union Territory of Arunachal Pradesh and some parts of Assam)
  2. The second proclamation of National Emergency was made in December 1971 during the attack by Pakistan.
  3. The third proclamation of National Emergency was made in June 1975.

 

Constitutional Emergency OR President’s Rule

Article 355 imposes a duty on the centre to ensure that the government of every state is carried on in accordance with the provisions of the constitution. The Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in a state.

The president’s ruler can be proclaimed under Article 356 on two grounds

Article 356 empowers the President of India to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.

Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the constitution.

Parliamentary approval

A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue. However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime.

Effects of President’s rule

The President acquires various extraordinary powers when the President’s rule is imposed in a state.

He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.

He can declare that the powers of the state legislature are to be exercised by the parliament.

He can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state.

Judicial review

The 38th Amendment act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which would not be challenged in any court on any ground. This provision was deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.

 

Financial Emergency

Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.

Parliamentary approval

A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue. However, if the proclamation of Financial Emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.

Once approved by both the houses, the Financial Emergency continues indefinitely till it is revoked.

Effects of Financial Emergency
  • Extension of the executive authority of the Union over the financial matters of the States.
  • Reservation of all money bills or other financial bills for the consideration of the President after they are passed by the legislature of the State.
  • Reduction of salaries and allowances of all or any class of persons serving in the State.
  • Direction from the President for the reduction of salaries and allowances of all or any class of persons serving the Union; and the judges of the Supreme Court and the High Courts.

Financial emergency has not been imposed in India yet.

 

Assam Accord (1985) – Assam Polity Notes

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Assam Accord (1985) – Assam Polity Notes for APSC, UPSC and State exams

Assam Polity - Assamexam

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 Assam Accord (1985)

The Assam Accord was a Memorandum of Settlement signed between representatives of the Government of India and the leaders of the Assam Movement in New Delhi on 15 August 1985, the presence of the then Prime Minister Rajiv Gandhi, which ended the Assam Agitation.

A Six year agitation started in 1979, led by the All Assam Students’ Union (AASU), the protestors demanded the identification and deportation of all illegal foreigners – predominantly Bangladeshi immigrants. They feared the past and continuing large scale migration was overwhelming the native population, impacting their political rights, culture, language and land rights. The Assam Movement caused the estimated death of over 855 people. The movement ended with the signing of the Assam Accord.

The leaders of the Assam Movement agreed to accept all migrants who had entered into Assam prior to January 1 1966. The Government of India acknowledged the political, social, cultural and economic concerns of the Assamese people and agreed to revise the electoral database. Further, the government agreed to identify and deport any and all refugees and migrants after March 25 1971.

The Government also agreed to open an oil refinery, reopen paper mills and establish educational institutions in the state.

The accord brought an end to the Assam Movement and paved the way for the leaders of the agitation to form a political party and form a government in the state of Assam soon after. Though the accord brought an end to the agitation, some of the key clauses are yet to be implemented, which kept some of the issues festering. The task of identifying foreigners became politically difficult, affected vote banks, and attracted accusations of religious or ethnic discrimination.

In 1997, the state government completed a study and marked numerous names in its voter list with “d” meaning “disputed citizenship”, with plans to block them from voting. The High Court of the state ascertained that the “d” is based on suspicion, not documentary evidence.

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Important Clauses of the Assam Accord

Clause 5: Foreigners Issue

  • For purposes of detection and deletion of foreigners, 1.1.1966 shall be the base date and year.
  • All persons who came to Assam prior to 1.1.1966, including those amongst them whose name appeared on the electoral rolls used in 1967 elections, shall be regularized.
  • Foreigners who came to Assam after 1.1.1966 (inclusive) and upto 24th March 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964.
  • Names of Foreigners so detected will be deleted from the electoral rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939.
  • For this purpose, Government of India will undertake suitable strengthening of the governmental machinery.
  • On the expiry of a period of ten year following the date of detection, the names of all such persons which have been deleted from the electoral rolls shall be restored.
  • All persons who were expelled, earlier, but have since re-entered illegally into Assam, shall be expelled.
  • Foreigners who came to Assam on or after March 25, 1971 shall continue to be detected, deleted and expelled in accordance with law. Immediate and practical steps shall be taken to expel such foreigners.
  • The Government will give due consideration to certain difficulties expressed by the AASU/AAGSP regarding the implementation of the Illegal Migrants (Determination by Tribunals) Act, 1983.

Clause 6: Constitutional, Legislative & Administrative safeguards

  • Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.

Clause 7: Economic Development

  • The Government takes this opportunity to renew their commitment for the speedy all round economic development of Assam, so as to improve the standard of living of the people. Special emphasis will be placed on education and science & technology through establishment of national institutions.

Clause 8: Citizenship certificates

  • The Government will arrange for the issue of citizenship certificates in future only by the authorities of the Central Government.
  • Specific complaints that may be made by the AASU/AAGSP about irregular issuance of Indian Citizenship Certificates (ICC) will be looked into.

Clause 9: Security of International Border

  • The international border shall be made secured against future infiltration by erection of physical barriers like walls, barbed wire fencing and other obstacles at appropriate places. Patrolling by security forces on land and riverine routes all along international border shall be adequately intensified. In order to further strengthen the security arrangements, to prevent effectively future infiltration, an adequate number of check posts shall be set up.
  • Besides the arrangements mentioned above and keeping in view security considerations, a road all along the international border shall be constructed so as to facilitate patrolling by security forces. Land between border and the road would be kept free of human habitation, wherever possible. Riverine patrolling along the international border would be intensified. All effective measures would be adopted to prevent infiltrators crossing or attempting to crass the international border.

Clause 10: Prevention of Encroachment of Government lands

  • It will be ensured that relevant laws for prevention of encroachment of Government lands and lands in tribal belts and blocks are strictly enforced and unauthorized encroachers evicted as laid down under such laws.

Clause 11: Restricting acquisition of immovable property by foreigners

  • It will be ensured that the relevant law restricting acquisition of immovable property by foreigners in Assam is strictly enforced.

Clause 12: Registration of births and deaths

  • It will be ensured that Birth and Death Registers are duly maintained.

Clause 13: Agitation to be called-off

  • The All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) call off the agitation assure full co-operation and dedicate themselves towards the development of the country.

Clause 14: Other points

The Central and the State Government have agreed to:

(a)  Review with sympathy and withdraw cases of disciplinary action taken against employees in the context of the agitation and to ensure that there is no victimization;

(b)  Frame a scheme for ex-gratia payment to next of kin of those who killed in the course of the agitation;

(c)  Give sympathetic consideration to proposal for relaxation of upper age limit for employment in public services in Assam, having regard to exceptional situation that prevailed in holding of academic and competitive examinations, etc. in the context of agitation in Assam;

(d)  Undertake review of detention cases, if any, as well as cases against persons charged with criminal offences in connection with the agitation, except those charged with commission of heinous offences;

(e)  Consider withdrawal of the prohibitory orders/ notifications in force, if any.

Clause 15: Implementing Agency

  • The Ministry of Home Affairs will be the nodal Ministry for the implementation of the above.
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