Search results for: “”

Local self government: various committees

Local governance

Titbits

1. 1st panchayati raj institution in Nagore (Rajasthan)
2. 1st municipality Madras (British times)
3. Gram sabha is assembly of all the voters of gram panchayat
4. 74th amendment deals with district planning committee
5. ⅓ reservation for women in all posts
6. State election commission appointed by governor to conduct polls
7. State finance commission appointed by governor
8. Min age to contest election is 21 years
9. Duration is 5 years, if dissolved before that, next panchayat serves only remaining years

Constitutional bodies

Statutory bodies

Special Provisions

Emergency provisions

Schedule 5 and 6

Judiciary

Appointments

Titbits

1. Parliament decide the number of judges of supreme court while president decide the numbers in high courts
2. Both supreme court and high court judges are appointed as well as removed by president
3. Salaries of high court judges is charged on CFS while pension is charged on CFI
4. Appointment by collegium system (CJI plus 4 seniormost supreme court judges) after 3rd judges case
5. District judges are appointed by governor in consultation with high courts
6. Both SC and HC judges need 10 year practice in high court but SC judge need 5 year judgeship in high court while HC judge needs 10 years of judgeship
7. A distinguished jurist can be appointed as judges of supreme court but not high court
8. Removal by special majority of parliament on grounds of proved misbehavior or incapacity
9. SC judges can’t practice w/i india post retirement: high court judges can in supreme court or other high courts <but there is no bar on further appointments such as chairperson or members of NHRC etc>
10. Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts

Jurisdictions of courts

Types of Writs

Writ jurisdiction of Supreme court v/s High Court

Executive

Titbits

1. President, VP both elected indirectly by proportional representation by means of single transferable vote and voting is by secret ballot
2. Electoral college of president contains elected MPs and elected MLAs (including that of UTs of Delhi and Puducherry) while that of VP includes all MPs (nominated MPs and nominated MLAs not included in presidential electoral college where as nominated MPs are included in Vice presidential but none of the MLAs )
3. MLCs not included in electoral college of either president or VP
4. Value of votes of all elected MPs = Value of votes of all elected MLAs
5. Min age 35 years for both president and VP (LS, MLA = 25, RS, MLC = 30, local bodies =21)
6. Oath to preserve, protect and defend the constitution to president by CJI while by president to VP
7. Impeachment for violation of constitution by ⅔ absolute majority
8. Vacancy in presidential office, VP and in his absence CJI
9. President acts in accordance with aid and advice of CoM except where situational discretion is necessary (govt losing no confidence motion, no clear majority)
10. President appoints judges of supreme court as well as high court

Bills which must be reserved for President’s consideration

1. bills derogating the powers of the High Court (art 200)
2. imposition of taxes on water or electricity in certain cases (Article 288)
3. during a Financial Emergency (art 360)

Bills which may be reserved for President’s consideration and assent for specific purposes

a). To secure immunity from operation of Articles 14 and 19. These are Bills for

1. acquisition of estates, etc.  (Article 31A(I (b))
2. giving effect to Directive Principles of State Policy (Article 31C)

(b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2)

(c) Legislation imposing restrictions on trade and commerce

Titbits

1. 1. President (governor) appoints leader of majority party as PM (CM). Discretion in case of no clear majority.
   2. Ministers are appointed on the advice of PM or CM (no discretion)

• CM of UTs is appointed by President not Lt. Governor

1. Ministers hold office during pleasure of president (governor) and are collectively responsible to house of people
2. Total strength of CoM including PM (CM) not to exceed 15% of membership of LS (91st CAA)
3. Ministers can be appointed w/o being part of LS or RS but have to get elected w/i 6 months
4. Ministers/ Attorney general who are not member of a house/ committee can attend the meetings but can’t vote
5. Cabinet is subset of CoM and includes only ministers of cabinet rank (article 352)

Governor of state  v/s LG of Delhi

Civil services

While ministers are political executives, civil servants are permanent executives as they don’t have to seek mandate of people every five years.

All India services: Common to both centre and states

1. Recruitment by centre, serve under states
2. 3 all india services – IAS, IPS and indian forest services <created in 1968>
3. Parliament can create new IAS if RS passes a resolution by ⅔ majority
4. Central govt makes service rules in consultation with state govt
5. Work under pleasure of president with safeguards

Legislature

Parliament –

Loksabha (house of people) + RajyaSabha (Council of states) + President

Presiding officers

Speaker of previous LS vacates post before first meeting of new LS

President appoint speaker Pro Tem – usually senior most member

Presides over first meeting, oath to members, election of speaker

Speaker is elected and pro tem cease to exist

Speaker fixes the date for election of deputy speaker

Nominates panel of =<10 chairpersons to preside in his/ deputy’s absence

Election and removal (Speaker, deputy and vice CP) and salary

Election -By the members of particular house by simple majority

Removal – 14 days notice and effective majority of house

Charged on CFI and thus non votable

Titbits:

1. President is part of parliament but not the presiding officer of any house
2. VP is not the part of parliament yet presiding officer and ex officio chairperson of RS
3. President can not chair joint sitting even in the absence of speaker and deputy speaker. Deputy CP chairs the sitting in such eventuality
4. Being elector of same state is not a requirement to contest election of RS or LS (elector in any constituency in India)
5. Bills introduced by ministers are public bills, those by other members (including members of ruling party) are private bills

Unique provisions

1. Question hour and not Zero hour is first hour of parliamentary proceeding.
2. Indian innovation – Zero hour and Calling attention motion
3. Not mentioned in rule of procedure – Zero hour (calling attention motion is in rules)
4. Censure motion should state the reasons and can be initiated against individual minister as well; no such requirement for no confidence motion, only against CoM
5. Adjournment motion is extraordinary device to draw attention to urgent matter of public importance

Titbits:

1. Only 3 joint sittings so far – dowry bill, banking services bill and POTA bill
2. Only 14 private member bills have been passed so far, last bill (supreme court enlargement of jurisdiction bill )was in 1968
3. Right of transgender persons bill was passed by RS (1st private member bill to get the nod of upper house in 45 years)

Budget (Annual Financial Statement, Article 112)

1. Presentation of budget by FM
2. General discussion – discuss as a whole
3. Scrutiny by departmental committees – for 3 to 4 weeks
4. Voting on demand for grants – voting only in LS and only on non charged expenditure (cut motions at this stage). On last day all remaining demands are put together and put to vote – guillotine
5. Passing of appropriation bill – voted demands plus charged expenditure, no amendments can be moved here
6. Passing of finance bill – financial proposals (taxes), amendments to reduce taxes can be moved

Titbits:

1. Charged expenditure can be discussed but not voted
2. Salary and allowance of SC judges, UPSC members, CAG, President, VP, Speaker, deputy, vice CP etc are charged on CFI
3. Salaries and Expenditure of election commission is not charged on CFI
4. Salary of high court judges is charged on CF of states while their pension in charged on CFI

State legislative assembly (Vidhansabha)

Vidhan Sabha is equivalent to LS and Vidhan Parishad to RS

Differences are mentioned below

Vidhan Parishad (legislative council): 7 states, Andhra, Bihar, J&K, K’taka, Maharashtra, Telangana, UP

Creation and Abolition of Vidhan Parishad: Vidhan Sabha passes resolution by special majority and Parliament agrees to that resolution by simple majority

Titbits:

1. Bill passed by Vidhan Sabha – Vidhan Parishad can amend w/i 3 months – Vidhan Sabha accepts or rejects amendments – Vidhan Parishad can hold the bill for 1 more month
2. Bill passed by Vidhan Parishad – Vidhan Sabha rejects – bill is killed
3. No provision for joint sitting in states
4. Maximum strength of Vidhan Parishad ⅓ of Vidhan Sabha, min 40
5. ⅚ indirectly elected, ⅙ nominated

Governor can reserves all the bills for presidential assent

Once he reserves the bill, his role is over and president can assent, hold back, reject or send the bill for reconsideration

Situations where Parliament can pass bill on state subject

Types of majority

Eg. Total seats – 545

Vacancies due to death and resignation – 10

Absence – 20

Total vote cast – 500 ( 15 present did not cast vote)

Parliamentary committees