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  • UPSC Interviews 2020: Schedule your Mock + DAF questionnaire | Important topics inside

    UPSC Interviews 2020: Schedule your Mock + DAF questionnaire | Important topics inside

    Click here for DAF questionnaire and here for Important Topics

    In wake of the prevailing corona situation in the country, UPSC has decided to postpone the CSE interviews for 2020. The new schedule is yet to come and at least 15 days prior notice will be given before UPSC announces new dates for the deferred interviews.

    However, we will be continuing with the mock interviews.

    Upcoming Mock interview and session

    This week’s mock interview dates have been fixed.

    • Mock interview this week- 1st-2nd May (Book your slot)   
    • Time: 10 a.m. – 7 p.m.  
    • Mode: Online 

    Interview slots will be allocated on a first-come, first-served basis. 

    Panelists for Mock Interviews: 

    1. Shri Shankar Aggarwal, IAS (retd.)
    2. Dr. Noor Mohammad, IAS (retd.)
    3. Dr. P.K. Agrawal, IAS (Retd.)
    4. Shri T. N. Thakur, IAAS (retd.)
    5. Shri V. P. Singh, IRPS
    6. Mrs.Aditi Gupta, Corporate Leadership Specialist
    7. Prof. U.M. Amin, Jamia Milia University
    8. Mr. Himanshu Arora, Economist, JNU, PMEAC 
    9. Mr. Kunal Aggarwal, IRS
    10. Mr. Debraj Das, IPS

    Tentative: Shri Harsh V. Pant (Observer Research Foundation), Shri SN Tripathi, IAS (Director IIPA), Shri Yogesh Narain (Retd. Defence Secretary), Shri Dipankar Gupta (Indian Sociologist), and others.   


    DAF questionnaire

    Detailed Application Form (DAF) is one of the most important documents that you might have filled for UPSC interviews. A major part of the interview will revolve around the information and details provided in the DAF. It is more than your CV.

    Your ability to defend your DAF before the panel is going to decide your success. Anticipating and preparing for the questions based on your DAF is an essential part of the interview preparation.

    As a part of Transcend: Interview Guidance Program for UPSC interviews we provide you a personalized and elaborate DAF-based questionnaire.

    Fill the form below for DAF questionnaire.


    Important interview topics

    • Report of 15th Finance Commission
      • Do you agree with the new criteria defined under Terms of Reference by FC?
      • What are the major challenges being faced by several states?
    • Monetisation of deficit
      • What do you understand by Monetisation of Deficit?
      • Is it a Feasible solution for an economy like India?
    • Better Relations: Onus on Pakistan
      • What responsibility does India have on this?
      • Does the Onus lie on India’s side also to extend the hands of friendship? 
    • Delhi: LG’s role redefined
      • What is the major area of tussles?
      • Do you think such steps might lead to erosion of federation and a spot on elected parties having full-fledged legislature? 
    • Reservation: reviewing 50% cap
      • Is this still needed?
      • What can be the other alternatives?
    • Regulating Social Media Influencers
      • Why such regulation needed, despite Media being considered as the 4th Pillar of democracy?
      • Spread of Fake News is because of Unaware citizenry? What’s your view on this?
      • What are the other causes?
    • Need for Agricultural reforms
      • Is the Farmer Protest right?
      • What is the cause for such unrest? 
      • Why is there such a trust deficit?
    • Nota and option of Re-Election
      • Is the option of NOTA effective in Indian Democracy?
      • What can be done then to reduce the money and muscle power? 
    • Climate Change and India
      • Why such urgency now? Immediate reasons?
      • What is India’s position in terms of mitigating CC impact? 
      • Why the burden on developing countries? 

     

    • Time to implement Uniform Civil Code
      • Do you think UCC is now the need of the hour?
      • Any challenges in its implementation? Why?
      • What is the Constitutional mandate on this?
    • India-UK bilateral ties
      • Does Brexit change the equations between India and EU?
      • What major impact can India have after the whole Brexit scenario?
    • France: Liberty and fight against terror
      • Debate on secularism and its type?
      • Is India a perfect example for positive secularism? 
    • Atma Nirbhar Bharat 3.0
      • Is this Atmanirbharta possible in India?
      • Then why 1991 LPG reforms were brought at the first instance?
      • Where are we lacking exactly?
    • Education Sector reforms
      • Will NEP fill all the existing gaps in the Education sector?
      • Is RTE successful in India?
      • Providing education in Mother Tongue- do you find some relevance in it? 
      • Then why so much focus on english medium?
    • Empowering women
      • What is the most im[ortant factor for making women really empowered?
      • Will it improve the status of the female population in the country? 
      • What are the main hindrances in empowering this section of society?
    • Monetise and Modernise Mantra for PSUs
      • Privatisation or not? Why?
      • Why not improve the existing structure rather than going for privatisation?
    • Strengthening our start-up ecosystem
      • Is India ready for a startup ecosystem?
      • Then why do they get merged with MNCs after a few years and why not they themselves striving to become a MNC?
    • Raising marriageable age for women
      • Why such notions in India?
      • Will it improve the position of women in families?
      • Do you agree with marrying a woman older than you?
    • Emerging Technologies- Global Challenges
      • Why is it creating so much of fuss?
      • A day without INTERNET and COMPUTERS/SMART DEVICES?
    • India’s Humanitarian Diplomacy
      • Why so much focus on soft diplomacy?
      • Has it provided any advantage to India in International arena?
    • Quad Summit: India’s gain
      • What gains will it bring?
      • Can it be seen as a counter attack on China?
    • India’s engagement with Africa
      • What are the stakes for India in Africa?
      • How can India take a stronghold against China there?
    • Biden Presidency and India-US ties
      • How will it be different from Trump’s Presidency?
      • Any relief for India?
      • What can be the major challenges? 
    • Afghan Peace Talks and India
      • India’s stand on Taliban?
      • Should India change its stand?
    • Relations with Nepal in Covid Era
      • We can choose our friends but not our neighbours- its relevance in nepal’s context?
    • India’s leadership in Post-Covid world
      • What are the major areas where India should focus first?
      • Can we be able to beat China on any front ?
    • India’s Vaccine Diplomacy
      • What is the idea behind this?
      • Is it not Fiscal Imprudence?
    • Challenges for India as a global power
      • Major areas of conflicts?
      • How can  India emerge to be a winner on these fronts ?
    • India and G7 summit
      • Do you think the invitation has some relevance for India?
    • RCEP: Challenges and way forward
      • What could have been the scenario if India would have joined it?
      • Is it a mature step from India’s perspective?
    • Cyber security and India’s preparedness 
      • Is India prepared on this front?
      • What are the ethical challenges involved?
      • Need for Responsible technology? How?
    • LAC pullback: nothing conceded
      • Where does India stand now after this whole stand-off scenario?
      • Will it bring some respite in the near future?
      • Why do the issues remain unresolved?
      • Can it be considered as a historical mistake?
    • Contempt of Court
      • Difference between Civil and Criminal Contempt.
      • Should it be removed?

  • Polity Titbits: Constitutional Developments under British/ British Administrative Measures

     


    28th Apr 2021

    In India, the British Government passed various laws and acts before the formulation of the constitution. The Regulating Act of 1773 was enacted as a first step to regulate the working of East India Company. However, the Indian Independence Act, 1947 finally ended the British rule in India and declared India as an independent and sovereign nation with effect from August 15, 1947.

    The Regulating Act of 1773

    • The Regulating Act of 1773 was enacted as a first step to regulate the working of East India Company
    • The Gov of Bengal was made Gov General of Bengal. He was assisted by 4 people. This 4+1 becomes became Supreme Council of Bengal also known as the GG’s Exec Council.
    • A Supreme Court was established in Bengal comprising of a chief justice and three other judges

    Pitts’s India Act, 1784

    • We see a shrinking of the Council from 4 members to 3 members. Hence 3+1 is the renewed GG’s Executive Council.
    • Board of control was established to control the civil, military and revenue affairs of the company
    • The Court of Proprietors was no more empowered to revoke or suspend the resolution of the directors approved by the Board of Control.

    Charter Act of 1833

    • The Governor-General of Bengal was made the Governor-General of India. The first Governor-General of India was William Bentinck.
    • He was given legislative powers over entire India including the Governors of Bombay and Madras.
    • The company lost the status of a commercial body and was made purely an administrative body.
    • This Act. was the first law to distinguish between the executive and legislative powers of the Gov General.
    • A 4th member was introduced who could only discuss and vote only on the legislative matter.
    • Council of India = [(3+1) +  1(4th member also called the Law Member)]
    • The first such Law Member was Macaulay. This Council of India was, to a certain extent, the Legislature. Strength of the Executive remained 3+1 .

    Charter Act of 1853

    • From here on, we see a gradual increase in the membership of the Council and further separation of powers.
    • Access to compete in civil services for Indians.
    • It brought out the separation in the legislative and executive functions of the Governor-General’s council.
    • The 4th member (Law Member)was included as a full-time Member in the GG’s Executive Council. His position was taken by 6 Members referred to as Legislative Councillors.
    • Council of India = [(4+1) + 6(Legislative Councillors) + 1 Commander-in-Chief]
    • 6 Councillors were,
      1. 1 Chief Judge of SC of Calcutta.
      2. 1 Judge of SC of Calcutta
      3. 4 members of the ICS
    •  

    Government of India Act, 1858

    • India was to be governed by and in the name of the crown through Viceroy, who would be the representative of the crown in India.
    • The designation of Governor-General of India was changed to Viceroy. Thus, Governor-General Lord Canning became the first Viceroy of India
    • Board of Control and Board of directors were abolished transferring all their powers to British Crown
    • A new office ‘secretary of state was created with a 15 member council of India to assist him. Indian Councils Act, 1861
    • The major focus of the act was on administration in India. It was the first step to associate Indians to legislation.
    • The act provided that the viceroy should nominate some Indians as non-official members in the legislative council.
    • The legislative powers of Madras and Bombay presidencies were restored.
      It provided for the establishment of legislative councils for Bengal, North-Western Frontier Province (NWFP) and Punjab.
    • Viceroy was empowered to issue ordinances during an emergency without the concurrence of the legislative council.

    Indian Councils Act of 1861

    • After 1861, the Council was called Imperial Legislative Council(ILC) or Indian Legislative Council(ILC). The Executive was further enhanced by 1 member.
    • The Viceroy now had the power to Nominate 6 – 12 Non-Official members in the Legislature who would be holding the office for 2 years.
    • ILC = [(5+1) + (Additional Members -> Minimum 6, Maximum 12)]
    • The composition of Additional Members was as follows:
      1. 50% Nominated Official Members
      2. 50% Nominated Non-Official Members
    • The Act thus sowed the seed for the future Legislative as an independent entity separate from the Executive Council.

    Indian Councils Act of 1892 

    • Due to the excessive demand of the Congress, the Additional Members were increased. Additional Members -> Minimum 10, Maximum 12.
    • ILC = [(5+1) + (Additional Members -> Minimum 10, Maximum 16)]

    The composition of Additional Members was as follows:

    • Nominated official members (those nominated by the Governor-General and were government officials)
    • 5 Nominated Non-Officials (nominated by the Governor-General but were not government officials)
    • 4 Nominated by the Provincial Legislative Councils of Bengal Presidency, Bombay Presidency, Madras Presidency and North-Western Provinces.
    • 1 Nominated by the Chamber of Commerce in Calcutta.

    Indian Councils Act of 1909: The Morley-Minto reforms

    • It introduced for the first time the method of election.
    • The additional members of the Governor-General Council were increased from 16 to a maximum of 60.
    • The composition of Additional Members was as follows:
      1. Nominated official members (those nominated by the Governor-General and were government officials)
      2. Nominated non-official members (nominated by the Governor-General but were not government officials)
      3. Elected Members (elected by different categories of Indian people)
    • It provided for the association of Indians in the executive council of the Viceroy and Governors. Satyendra Prasad Sinha joined the Viceroy’s executive council as a law member.
    • It introduced Separate Electorate for Muslims.

    Indian Councils Act of 1919: The Montagu-Chelmsford Reforms

    • Central Legislature thereafter called the Indian Legislature was reconstituted on the enlarged and more representative character.
    • The act set up bicameral legislatures at the centre consisting of two houses- the Council of the States (Upper House) and the Central Legislative Assembly (Lower House).
    • It consisted of the Council of State consisted of 60 members of whom 34 members were elected and the Legislative Assembly consisted of about 145 members, of whom about 104 were elected and the rest nominated.
    • Of the nominated members, about 26 were officials.  The powers of both the Chambers of the Indian Legislature were identical except that the power to vote supply was granted only to the Legislative Assembly.
    • The central and provincial subjects were demarcated and separated.
    • The Provincial subjects were further divided into Transferred Subjects and Reserved Subjects, the legislative council had no say in the latter. This was known as the system of Diarchy.
    • The principle of separate electorate was further extended to Sikhs, Indian Christians, Anglo-Indians and Europeans.
    • It provided for the appointment of a statutory commission to report the working of the act after ten years

    The Government of India Act 1935

    • It marked the next great stride in the evolution of the Legislatures.
    • The Federal Legislature was to consist of two Houses, the House of Assembly called the Federal  Assembly and the Council of States.
    • The Federal Assembly was to consist of 375 members, 250 to represent Provinces and 125 to represent the Indian States, nominated by the Rulers.
    • The representatives of the Provinces were to be elected not directly but indirectly by the Provincial Assemblies.
    • The term of the Assembly was fixed as five years.
    • The Council of State was to be a permanent body not subject to dissolution, but one-third of the members should retire every three years.
    • It was to consist of 260 members.  104 representatives of Indian States, six to be nominated by the Governor-General, 128 to be directly elected by territorial communal constituencies and 22 to be set apart for smaller minorities, women and depressed classes.
    • The two Houses had in general equal powers but demands for supply votes and financial Bills were to originate in the Assembly.
    • The principle of Separate Electorate was extended to depressed classes, women and workers.
    • Provided for the formation of Reserve bank of India

    Indian Independence Act, 1947

    • The act formalized the Lord Mountbatten Plan regarding the independence of India on June 3, 1947.
    • The Act ended the British rule in India and declared India as an independent and sovereign nation with effect from August 15, 1947.
    • Provided for the partition of India into two dominions of India and Pakistan
    • The office of Viceroy was abolished and a Governor-General was to be appointed in each of the dominions
    • The Constituent Assemblies of the two dominions were to have powers to legislate for their respective territories.
    • Princely states were free to join any of the two dominions or to remain independent.

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  • Polity Titbits: Important Governor Generals and Viceroys

     


    27th Apr 2021

    • With almost absolute power the Governor-General and viceroy played a significant role in the shaping history of the country. Following are some of these important figures and significant events and major reforms carried out by them.

              Governor Generals of                            Bengal/India

                          (Period)

                        Important events/Reforms

      Warren Hastings

      (1773-1785)

      Regulating Act of 1773.

      First Governor-General of Bengal.

      End of the dual system of administration (1765-1772).

      Supreme Court at Calcutta.

      Wrote Introduction to the first English translation of Gita.

      Founded Madarasa Aliya at Calcutta.

      Lord Cornwallis

      (1786-1793)

      Separation of three branches of service: commercial, judicial and revenue.

      Permanent Land Revenue Settlement of Bengal-1793.

      Reformed, modernised and rationalised the civil service.

      Introduced the Cornwallis Code.

      Sanskrit College, Varanasi.

      Lord Wellesley

      (1797-1805)

      Introduction of Subsidiary Alliance System.

      Fourth Anglo-Mysore war.

      Fort William College, Calcutta.

      Lord Hastings

      (1813-1823)

      Anglo-Nepal War-(1814-16)

      Third Anglo-Maratha War-(1817-19) and dissolution of Maratha confederacy.

      Introduction of Ryotwari System of Thomas Munro, Governor of Madras-1820.

      Lord William Bentinck

      (1828-1835)

      Charter Act of 1833.

      Abolition of Sati-1829.

      Resolution of 1835 and Education reforms and introduction of English as the official language.

      The annexation of Mysore-1831, Coorg, and Central Cachar-1831.

      Lord Dalhousie

      (1848-1856)

      Introduction of the Doctrine of Lapse and annexations of Satara-1848, Jaitpur and Sambhalpur-1849, Udaipur-1852, Jhansi-1853, Nagpur-1854 and Awadh-1856.

      Wood’s Dispatch of 1854.

      Railway Minute of 1853.

      Telegraph and Postal reforms.

      Widow Remarriage Act-1856.

      Lord Canning

      (1856-1857)

      Establishment of universities at Bombay, Madras and Calcutta.

      Mutiny of 1857.

             Governor-General                            and

               Viceroy of India

                      (Period)

                                     Important events/Reforms
       Lord Canning

      (1858-1862)

      Transfer of control from East India Company to the Crown by the Government of India Act 1858

      Indian Councils Act-1861

      Lord Mayo

      (1869-1872)

      Opening of Rajkot College in Kathiawad and Mayo College at Ajmer for political training of Indian Princes.

      Statistical Survey of India was established.

      Department of Agriculture and Commerce was established.

      Introduction of state railways.

      Lord Lytton

      (1876-1880)

      The great famine of 1876 affecting Bombay, Madras, Mysore, Hyderabad, Central India and Punjab.

      Appointment of Famine Commission under the presidency of Richard Strachey.

      Vernacular Press Act was passed- 1878.

      The Arms Act-1878.

      Lord Ripon

      (1880-1884)

      Education Commission 1882 under William Hunter-1882.

      Ilbert Bill controversy.

      Repeal of Vernacular Press Act in 1882.

      The First Factory Act in 1881 to improve labour conditions.

      Government resolution on local self government-1882.

      Lord Dufferin

      (1884-1888)

      Establishment of Indian National Congress.

      Lord Lansdowne

      (1888-1894)

      The categorisation of civil services into imperial, provincial and subordinate.

      Indian Councils Act-1892

      Durand Commission (1893) was set up to define the Durand Line between India and Afghanistan.

      Lord Curzon

      (1899-1905)

      Police Commission (1902) was appointed under Sir Andrew Frazer.

      University Commission (1902) was appointed and Universities Act (1904) was passed.

      Department of Commerce and Industry was established.

      Calcutta Corporation Act-1899

      Partition of Bengal (1905).

      Lord Minto-II

      (1905-1910)

      Popularisation of anti-partition and Swadeshi Movements.

      Split in Indian National Congress at Surat in 1907.

      Indian Muslim League was established by Aga Khan (1907)

      Morley-Minto reforms or Indian Councils Act 1909.

      Lord Hardinge-II

      (1910-1916)

       Transfer of capital from Calcutta to Delhi (1911).

      Establishment of Hindu Mahasabha (1915) by Madan Mohan Malviya.

            Lord Chelmsford

      (1916-1921)

      Home Rule League was formed by Annie Besant and Tilak (1916)

      Lucknow session of Congress (1916).

      Lucknow Pact between Congress and Muslim League (1916).

      Champaran Satyagraha (1918), and Satyagraha at Ahmadabad (1918).

      Montague’s August Declaration.

      Government of Indian Act- 1919

      Jallianwalla Bagh massacre (1919).

      Non-Cooperation and Khilafat Movements were launched.

      Foundation of Women’s University at Poona (1916) and Saddler’s Commission was appointed for reforms in educational policy.

      Appointment of S. P. Sinha as governor of Bihar first Indian to do so.

      Lord Reading

      (1921-1926)

      The Chaura-Chauri Incident-Feb5, 1922 and withdrawal of Non-Cooperation movement.

      Moplah rebellion in Kerala (1921).

      Repeal of the Press Act of 1910 and Rowlatt Act of 1919.

      Kakori train robbery (1925)

      Establishment of Swaraj Party (1922).

      The decision to hold a simultaneous examination for ICS in Delhi and London with effect from 1923.

      Lord Irwin

      (1926-1931)

      Simon Commission-1928

      Appointment of the Harcourt Butler Indian States Commission (1927)

      Murder of Saunders and Bomb blast in the Assembly Hall of Delhi-1929

      Lahore session of Congress 1929 and Purna Swaraj Resolution.

      Dandi March (12 March, 1929) and launch of Civil Disobedience Movement.

      Lord Willingdon

      (1931-1936)

      Second Round Table Conference and failure of the conference, resumption of the Civil Disobedience Movement.

      Announcement of the Communal Award (1932).

      Poona Pact (1932)

      Third Round Table Conference 1932.

      The Government of India 1935.

      Establishment of All India Kisan Sabha 1936.

      Establishment of Congress Socialist Party by Acharya Narendra Dev and Jayaprakash Narayan (1934)

      Lord Linlithgow

      (1936-1944)

      First general elections were held and Congress attained absolute majority (1936-1937).

      Congress ministers resigned (1937) after the outbreak of WW-II

      Subhash Chandra Bose elected as the president of Congress-1938.

      Lahore Resolution by Muslim League for the demand of separate state for Muslims.

      August Offer by the viceroy-1940.

      Cripp’s Mission to India

      Passing of the Quit India Resolution by Congress-1942

      Lord Wavell

      (1944-1947)

      C Rajgopalachari’s CR Formula (1944) and Gandhi-Jinnah Talks failed.

      Wavell Plan and the Shimla Conference (1942)

      Cabinet Mission and Congress accepted its plan 1946

      Observance of the ‘Direct Action Day’ (16 August 1946) by the Muslim League.

      Elections to the Constituent Assembly and formation of Interim Government by the Congress (September 1946).

      Announcement of the end of British rule in India by Clement Attlee on February 20, 1946

      Lord Mountbatten

      (1947-48)

      June Third Plan (June 3, 1947) announced.

      Introduction of Indian Independence Bill in the House of Commons.

      Appointment of two boundary commissions under Sir Cyril Radcliff for the partition of Bengal and Punjab.


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  • Polity Titbits: Important Amendments in the Indian Constitution

     


    26th Apr 2021

    First Amendment Act, 1951

    • Empowered the state to make special provisions for the advancement of socially and economically backward classes.
    • Provided for the saving of laws providing for the acquisition of estates, etc.
    • Added Ninth Schedule to protect the land reforms and other laws included in it from the judicial review. After Article 31, Articles 31A and 31B were inserted.

    The Constitution (Seventh Amendment) Act, 1956

    • The Seventh Amendment brought about the most comprehensive changes so far in the Constitution. This amendment was designed to implement the State Reorganisation Act.
    • The Second and Seventh schedules were substantially amended for the purpose of the States Reorganization Act.

    Constitutional (10th Amendment) Act, 1961

    • The Tenth Amendment integrates the areas of Free Dadra and Nagar Haveli with the Union of India and provides for their administration under the regulation of making powers of the President.

    Constitutional (13th Amendment) Act,1963

    • Gave the status of a state to Nagaland and made special provisions for it.

    The Constitution (24th Amendment) Act, 1971

    • It amended Article 13 and 368 with a view to removing all possible doubts regarding the power of Parliament to amend the Constitution and procedure thereof.
    • It gets over the Golak Nath ruling and asserts the power of Parliament, denied to in the Golak Nath, to amend Fundamental Rights.

    The Constitution (Twenty-fifth) Amendment Act, 1971

    • The 25th amendment of the Constitution in 1971 added a new clause, Article 31C to the Constitution. Up to 1971, the position was that Fundamental Rights prevailed over the Directive Principles of State Policy and that a law enacted to implement a Directive Principle could not be valid if it conflicted with a Fundamental Right.
    • Article 31C sought to change this relationship to some extent by conferring primacy on Articles 39(b) and 39(c) over Articles 14, 19 and 31.

    Twenty-Sixth Amendment Act, 1971

    • Abolished the privy purses and privileges of the former rulers of princely states.

    The Constitution (Thirty-fourth Amendment) Act, 1974

    • By this amendment twenty State Acts concerning land ceiling and land tenure reforms were added to the Ninth Schedule to the Constitution.

    The Constitution (Thirty-eight Amendment) Act, 1975 

    • Made the declaration of emergency by the President non-justiciable.
    • Made the promulgation of ordinances by the President, governors and administrators of Union territories non-justiciable.
    • Empowered the President to declare different proclamations of national emergency on different grounds simultaneously

    The Constitution (42nd Amendment) Act, 1976

    • The Amendment was meant to enhance enormously the strength of the Government. The major Amendments made in the Constitution by the 42nd Amendment Act are: Preamble The characterization of India as ‘Sovereign Democratic Republic’ has been changed to ‘Sovereign Socialist Secular Democratic Republic’.
    • The words ‘Unity of the nation’ have been changed to ‘Unity and integrity of the nation’.
    • Parliament and State Legislatures: The life of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years.
    • Executive: It amended Article 74 to State explicitly that the President shall act in accordance with the advice of the Council of Ministers in the discharge of his functions.
    • Judiciary: The 42nd Amendment Act inserted Article 32A in order to deny the Supreme Court the power to consider the Constitutional validity of the State law. Another new provision, Article 131A, gave the Supreme Court an exclusive jurisdiction to determine question relating to the Constitutional validity of a central laws. Article 144A and Article 128A, the creatures
      of the Constitutional Amendment Act made further innovation in the area of judicial review of the Constitutionality of legislation. Under Article 144A, the minimum number of judges of the Supreme Court to decide a question of  Constitutional validity of a Central or State law was fixed as at least seven and further, this required two-thirds majority of the judges sitting declare law as unconstitutional. While the power  of the High Court to enforce Fundamental Rights remained untouched, several restrictions were imposed on its power to issue writs ‘for any other purpose’.
    • Federalism: The Act added Article 257A in the Constitution to enable the Centre to deploy any armed force of the Union, or any other force under its control for dealing with any grave situation of law and order in any State.
    • Fundamental Rights and Directive Principles: A major change that was made by42nd Constitutional Amendment was to give primacy to all Directive Principles over the Fundamental Rights contained in Articles 14, 19 or 31.
    • The 42nd Constitutional Amendment added a few more Directive Principles – free legal aid, participations of workers in the management of industries, protection for environment and protection of forests and wildlife of the country.
    • Fundamental Duties: The 42nd Amendment Act inserted Article 51-A to create a new part called IV-A in the Constitution, which prescribed the Fundamental Duties to the citizens.
    • Emergency: Prior to the 42nd Amendment Act, the President could declare an emergency under Article 352 throughout the country and not in a part of the country alone. The Act authorized the President to proclaim emergency in any part of the country.

    The Constitution (44th Amendment) Act, 1978

    • It reduced the life of Lok Sabha and State Legislative Assemblies again to five years and thus restore the status quo ante.
    • It cancelled 39th Amendment which had deprived the Supreme Court of its jurisdiction to decide disputes concerning election of the President and the Vice-President
    • A new provision was added to Article 74(1) saying that the President could require the council of ministers to reconsider its advice to him, either generally or otherwise and the President should Act in accordance with the advice tendered after such re-consideration. Article 257A was Omitted
    • It has been provided that an Emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet.
    • Right to Property has been taken out from the list of Fundamental Rights and has been declared a legal right.

    The Constitution (Fifty-first Amendment) Act, 1984

    • The Amendment effectuates some changes in Articles 330 and 332 with a view to provide for reservation of seats in the Lok Sabha for Scheduled Tribes in Meghalaya, Aruncahal Pradesh and Mizoram, as well as in the Legislative Assemblies of Nagaland and Meghalaya.

    The Constitution (52nd Amendment) Act, 1985

    • The amendment is designed to prevent the scourge of defection of Members of Parliament and State Legislatures from one political party to another.

     The Constitution (61st Amendment) Act, 1989

    • The 61st Amendment reduces the voting age from 21 years to 18 years for the Lok Sabha and Assembly election.

    The Constitution (Sixty-fifth Amendment) Act, 1990

    • Article 338 of the Constitution has been amended for the Constitution of a National Commission for Scheduled Castes and Scheduled Tribes consisting of a chairperson, vice-chairperson and five other members who shall be appointed by the President by warrant under his hand and seal.

    The Constitution (Sixty-ninth Amendment) Act, 1991

    • The Amendment Act was to grant Statehood to Delhi as ‘National Capital Territory of Delhi’. It also provides a 70 member assembly and a 7 member Council of Ministers for Delhi.

     The Constitution (73rd Amendment) Act, 1992

    • April 20,1993 as it got rectification by the State legislatures and was assented to by the President of India. After notification, the Panchayati Raj Institutions have now got Constitutional legitimacy.
    • After part VIII of the Constitution, a separate part IX has been added to the Constitution with the addition in Article 243A and fresh Schedule called Eleventh Schedule enumerating the powers and functions of Panchayti Raj Institutions.
    • The Act provides for Gram Sabha, a three-tier model of Panchayati Raj, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.

    The Constitution (74th Amendment) Act, 1992

    • The Act provides constitutional status to Urban Local Bodies. After part VIII of the Constitution, a separate part IXA has been added to the Constitution with the addition in Article 243A and a fresh schedule called Twelfth schedule enumerating the powers and functions of urban local bodies has been incorporated.
    • The Act provides Municipal Panchayat, Municipal Council and Municipal Corporation, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women

    The Constitution (76th Amendment) Act, 1994

    • This Amendment Act raises the reservation quota of government jobs and seats for admission in the educational institutions in favor of socially and educationally backward classes to 69 per cent in Tamil Nadu.
    • Further, the Amendment Act has been included in the Ninth Schedule of the Constitution to exempt it from the purview of judicial scrutiny

    The Constitution (Seventy-seventh Amendment) Act, 1995

    • This Amendment has added a new clause (4-a) to Article 16 of the Constitution which empowers the State to make any provisions for reservation in promotions in Government jobs in favour of SCs and STs, if it is of opinion that they are inadequately represented in the services under the State.
    • This has been done to nullify the effect of the Supreme Court Judgment in the Mandal Commission Case (Indra Sawhney vs. Union of India) in which the Court has held that reservation in promotions cannot be made.

    The Constitution (80th Amendment) Act, 2000

    • Based on the recommendations of the Tenth Finance Commission, an alternative scheme for sharing taxes between the Union and the State has been enacted by the Constitution (Eightieth Amendment) Act, 2000.
    • Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties special excise duties and grants in lieu of tax on railway passenger fares. 

    The Constitution (85th Amendment) Act, 2001

    • This Act amended Article 16 (4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation for Government servants belonging to the Scheduled Castes and the Scheduled Tribes.

    The Constitution (86th Amendment) Act, 2002

    • With a view to making right to free and compulsory education a fundamental right, the Act inserts a new Article, namely, Article 21A conferring on all children in the age group of 6 to 14 years the right to free and compulsory education.
    • The Act amends in Part-III, Part –IV and Part-IV(A) of the Constitution.

    The Constitution (89th Amendment) Act, 2003

    • The Act adds Article 338A and provides for the creation of National Commission for Scheduled Tribes.

     The Constitution (90th Amendment) Act, 2003

    • The Act amends Article 332 and adds section (6) regarding representation in the Bodo Territorial Areas District in the State of Assam.

    The Constitution (Ninety-one Amendment) Act,2003

    • The Act makes provisions for limiting the size of the Council of Ministers at the Center and in the States and gives teeth to debar a defector from holding any remunerative political post for the remaining tenure of the legislature unless reelected.

    The Constitution (Ninety- third Amendment) Act, 2005

    • Providing reservation for the socially and educationally backward classes, besides the Schedules Castes and the Scheduled Tribes, in private unaided educational institutions.

    The Constitution (97th Amendment) Act, 2012

    • In Part IIIof the constitution, after the words “or unions” the words “Cooperative Societies” was added.
    • In Part IVa new Article 43Bwas inserted, which says: The state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies”.
    • After Part IXAof the constitution, a Part IXBwas inserted to accommodate state vs centre roles.

    The Constitution (99th Amendment) Act, 2014

    • The National Judicial Appointments Commission (NJAC) was established by the Union government of India by amending the constitution of India through the 99th Constitutional Amendment Act, 201

    The Constitution (100th Amendment) Act, 2015

    • Constitution (100th Amendment) Act 2015 ratified the land boundary agreement between India and Bangladesh.
    • The act amended the 1st schedule of the constitution to exchange the disputed territories occupied by both the nations in accordance with the 1974 bilateral Land Boundary Agreement.
    • India received 51 Bangladeshi enclaves (covering 7,110 acres) in the Indian mainland, while Bangladesh received 111 Indian enclaves (covering 17,160 acres) in the Bangladeshi mainland

    The Constitution (101st Amendment) Act, 2017

    • Introduced the Goods and Services Tax.

    The Constitution (102nd Amendment) Act, 2018

    • Constitutional status to National Commission for Backward Classes

    The Constitution (103rd Amendment) Act, 2019

    • A maximum of 10% Reservation for Economically Weaker Sections (EWSs) of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.
    • Inserted Clause [6] under Article 15 as well as Inserted Clause [6] under Article 16.

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  • Polity Titbits: Panchayati Raj- Local governance

     


    24th Apr 2021

    Local self-government: various committees

    Urban Local Government: Composition and  Functions

    74th Constitutional Amendment

    This act added a new part IX-A to the Constitution entitled as ‘The Municipalities’ and a new Twelfth Schedule containing 18 functional items for municipalities. The main provisions of this Act can be grouped under two categories–compulsory and voluntary. Some of the compulsory provisions which are binding on all States are:

    1. Constitution of Nagar panchayats, municipal councils and municipal corporations in transitional areas (areas in transition from a rural area to urban area), smaller urban areas and larger urban areas respectively;
    2. Reservation of seats in urban local bodies for Scheduled Castes / Scheduled Tribes roughly in proportion to their population;
    3. Reservation of seats for women up to one-third seats;
    4. The State Election Commission, constituted in order to conduct elections in the panchayati raj bodies (see 73rd Amendment) will also conduct elections to the urban local self- governing bodies;
    5. The State Finance Commission, constituted to deal with financial affairs of the Panchayati Raj bodies will also look into the financial affairs of the local urban self governing bodies;
    6. Tenure of urban local self-governing bodies is fixed at five years and in case of earlier dissolution fresh elections are to be held within six months;

    Some of the voluntary provisions which are not binding, but are expected to be observed by the States are:

    1. Giving representation to members of the Union and State Legislatures in these bodies;
    2. Providing reservation for backward classes;
    3. Giving financial powers in relation to taxes, duties, tolls and fees etc;
    4. Making the municipal bodies autonomous and devolution of powers to these bodies to perform some or all of the functions enumerated in the Twelfth Schedule added to the Constitution through this Act and/or to prepare plans for economic development.

    In accordance with the 74th Amendment, municipal corporations and municipalities (municipal boards or municipal committees) are now regulated in a fairly uniform manner in all the States. However, one must remember that local self-government continues to be a subject in the State List.

    Thus, the 73rd and 74th amendments provide a framework for the States in respect of local government. Thus, each State has its own Election Commission which conducts elections to all local bodies after regular intervals of five years.

    Each State has its Finance Commission to regulate finances of the local bodies. Seats are reserved in the corporations and municipalities for Scheduled Castes and Tribes. One-third seats are reserved for women in all local bodies – urban and rural.

    Composition

    The Municipal bodies are constituted of persons chosen by direct election from the territorial constituencies (known as wards) in the municipal area.

    However, the Legislature of a State may, by law, provide for the representation in a municipal body of persons having special knowledge or experience of municipal administration, the members of Rajya Sabha, Lok Sabha and the members of Legislative Council and Legislative Assembly of the State, representing constituencies, which comprise wholly or partly the Municipal Area.The state legislature may also provide the manner of the election of the Chairpersons of a municipality.

    The state legislature may also provide the manner of the election of the Chairpersons of a municipality.

    Empowerment of weaker sections of society and women by reserving seats for such groups is one of the important constitutional provisions of the Constitutional Amendment.

    The offices of chairperson are also reserved for SC/ST and women. Thus, at least one year, out of five year duration of Municipal Corporation of Delhi, the office of Mayor is reserved for a woman, and for one year is reserved for a Councillor of Scheduled Caste. It gives a term of five years to the municipalities and if any of them is to be dissolved, it must be given an opportunity of being heard.

    Functions of Urban Local Bodies

    It is a common practice to divide the organisation of a corporation or a municipality into two parts:

    (a) deliberative and (b) executive part

    The corporation, council or municipal board or council consisting of the elected representatives of the people constitutes the deliberative part. It acts like a legislature.

    It discusses and debates on general municipal policies and performance, passes the budget of the urban local body, frames broad policies relating to taxation, resources raising, pricing of services and other aspects of municipal administration.

    It keeps an eye on municipal administration and holds the executive accountable for what is done or not done. For instance, if water supply is not being properly managed, or there is an outbreak of an epidemic, the deliberative wing criticises the role of the administration and suggests measures for improvement.

    The executive part of municipal administration is looked after by the municipal officers and other permanent employees. In the corporations, the Municipal Commissioner is the executive head, and all other departmental officers like engineers, finance officers, health officers etc. function under his/her control and supervision.

    In a large corporation, such as Delhi or Mumbai Municipal Corporation, the Commissioner is usually a senior IAS officer. In municipalities, the executive officer holds a similar position and looks after the overall administration of a municipality.

    Municipal functions are generally classified into obligatory and discretionary types.

    The obligatory (compulsory) functions are those that the municipal body must perform. In this category fall such functions as water supply; construction and maintenance of roads, streets, bridges, subways and other public works, street lighting; drainage and sewerage; garbage collection and disposal; prevention and control of epidemics.

    Some other obligatory functions are public vaccination and inoculation; maintenance of hospitals and dispensaries including maternity and child welfare centres; checking food adulteration; removal of slums; supply of electricity; maintenance of cremation and burial grounds; and town planning. In some States some of these functions may be taken over by State Government.

    The discretionary functions are those that a municipal body may take up if funds permit. These are given less priority. Some of the discretionary functions are construction and maintenance of rescue homes and orphanages, housing for low income groups, organising public receptions, provision of treatment facilities, etc.

    Type of urban governments

    There are eight types of urban governments in India.

    1. Municipal Corporation: Municipal corporations are created for the administration of big cities like Delhi, Mumbai, Hyderabad and others. A Municipal Corporation has three authorities namely, the council (legislative wing of the corporation), the standing committee (to facilitate the working of the council) and the commissioner (chief executive authority of the corporation).The council consist of councillors directly elected by people and is headed by a Mayor while the Commissioner is appointed by state government and is generally an IAS officer.
    2. Municipality: The municipalities are established for the administration of towns and smaller cities. They are known by various other names like municipal council, municipal committee, municipal board, borough municipality, city municipality and others. In composition they are quite similar to municipal corporations except that head of council is called President /chairman and in place of commissioner they have a chief executive officer/chief municipal officer.
    3. Notified Area Committee: A notified area committee is created for the administration of two types of areas- a fast developing town due to industrialisation, and a town which does not yet fulfill all the conditions necessary for the constitution of a municipality, but which otherwise is considered important by the state government. It is called so because it is created by a notification and unlike the municipality it is an entirely nominated body, i.e. all members, including the Chairman, are nominated by the state government. Thus, it is neither a statutory body (created by law) nor an elected body.
    4. Town Area Committee: It is set up by a separate act of state legislature for the administration of a small town. It is a semi-municipal authority entrusted with limited number of civic functions. It may be wholly elected or wholly nominated or partly elected and partly nominated as provided by state government.
    5. Cantonment Board: It is established for municipal administration for civilian population in the cantonment areas (area where military forces and troops are permanently stationed). It is set up under the provisions of the Cantonment Act, 2006 by central government and works under Defence ministry of central government. It is partly elected and partly nominated body having the Military officer commanding the station as its ex-officio President. Vice president is elected amongst by the elected members of board. The executive officer of the cantonment board is appointed by the President of India.,
    6. Township: It is established by large public enterprises to provide civic amenities to its staff and workers, who live in the housing colonies built near the plant. It is not an elected body and all members, including the town administrator, is appointed by the enterprise itself.
    7. Port Trust: The port trusts are established in the port areas like Mumbai, Kolkata, Chennai and so on for two purposes: (a) to manage and protect the ports; (b) to provide civic amenities. It is created by an Act of Parliament and it consists of both elected and nominated members.
    8. Special Purpose Agency: The states have set up certain agencies to undertake designated activities or specific functions that legitimately belong to the domain of municipal corporations, municipalities or other local urban governments. In other words, these are function based, not area based. They are known as ‘single purpose’, ‘uni-purpose’ or ‘special purpose’ or ‘functional local bodies’ like town improvement trust, housing boards, pollution control boars etc. They are established as statutory bodies by an act of state legislature or as departments by an executive resolution. They function as an autonomous body and are not subordinate agencies to local municipal bodies.

  • Polity Titbits: Constitutional and Quasi-judicial bodies.

     


    23rd Apr 2021

    Constitutional bodies

      Appointment Tenure Removal Process of removal Eligibility for reappointment w/i govt
    Attorney general (Advocate general) President (governor) Pleasure of President (governor) President (governor) No reason needs to be mentioned Yes
    Election Commission (SEC) President (governor) 6 years/ 65 President CEC and SEC by a special majority

     

    Other ECs on the recommendation of CEC

    Yes
    Finance commission (SFC) President (governor) Specified by president NA NA Yes
    UPSC (SPSC) President (governor) 6 years/ 65 President After enquiry by supreme court Members can become Chair, state members can become chair or member or chair of UPSC
    CAG President 6 years/ 65 President Special majority No

     

    Statutory bodies

      Appointment Committee members Other members Tenure Removal
    NHRC (SHRC) President (Governor) 6 (PM + LOP Lok Sabha) Speaker, Deputy CP RS, LOP RS, home minister 3 years*/ 70 President after Supreme Court inquiry
    CIC (SIC) President (Governor) 3 ((PM + LOP Lok Sabha) Cabinet Minister nominated by PM As prescribed by the Central Govt*./ 65 President (governor for SIC) after supreme court inquiry
    CVC President (governor) 3 ((PM + LOP lok sabha) Home minister 4 years/ 65 President after Supreme court inquiry
    Lokpal President 5 (PM + LOP lok sabha Speaker, CJI, eminent jurist 5 years/ 70 Like a Supreme Court judge

    *  After amendments in the respective acts in 2019.

    In the news: 

    1. Amendment to the RTI Act (July 2019)

    • Section 13 of the original Act sets the term of the central Chief Information Commissioner and Information Commissioners at five years (or until the age of 65, whichever is earlier). The amendment proposes that the appointment will be “for such term as may be prescribed by the Central Government”.
    • The amendment proposes that the salaries, allowances and other terms of service of the Chief Information Commissioner and the Information Commissioners “shall be such as may be prescribed by the Central Government” which was earlier at par with Chief Election Commissioner.

    2. Amendment to Protection of Human Rights Act (July 2019)

    • It reduced the term of the Chairperson and Members of the Commission and the State Commissions from five to three years and shall be eligible for re-appointment.
    • Provision was added which says a person who has been a Judge of the Supreme Court is also eligible to be appointed as Chairperson of the Commission in addition to the person who has been the Chief Justice of India.
    • The amendment made provision that a person who has been a Judge of a High Court is also made eligible to be appointed as Chairperson of the State Commission in addition to the person who has been the Chief Justice of the High Court.
    • It conferred upon State Commissions, the functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi, which will be dealt with by the Commission.

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