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Sources of Income of Panchayats

Panchayats can discharge their functions efficiently only if they have sufficient financial resources.

For resources, Panchayats depend mainly on grants from State Government. They also have taxation powers and have some income from owned or vested assets.

They may get a share in the taxes, duties, tolls and fees that are levied and collected by the State Government. Let us now see what financial resources Panchayats have, to perform their functions.

1. Gram Panchayat: In most States the power of levying taxes is vested in Gram Panchayats. House tax, tax on cattle, immovable property, commercial crops, drainage tax, sanitation fee, tax on produce sold in the village, a fee for supply of water to households, lighting tax are some of the taxes and fees levied by Panchayats. Panchayats can also levy entertainment tax on temporarily stationed theatres, taxes on animals and non-mechanically propelled vehicles. Gram Panchayats also receive funds as income from property owned by them as common grounds, jungles, cattle ground etc. The sales proceeds of dung refuse and carcasses (dead bodies of animals) are also retained by Gram Panchayats. They also receive their share in land revenue from the State.
2. Panchayat Samiti: Panchayat Samitis can impose tax on facilities provided by them as water for drinking or irrigation purposes, lighting arrangements, tolls for bridges maintained by them. The property of Panchayat Samitis includes public buildings, public roads constructed or maintained out of their funds and all land or other property transferred to them by the  Panchayats receive income from the property vested in them. They also receive grants from the State Governments. Funds are transferred by Zila Panchayats or State Governments along with schemes to be implemented by the intermediate institutions of Panchayati Raj.
3. Zila Parishad: Zila Parishads are also authorized to impose taxes. They may impose taxes on persons carrying on business in rural areas for six months, taxes on brokers, commission agents in markets established by them, also the tax on the sale of goods in these markets. Tax on land revenue can also be imposed by Zila Parishads. When development schemes are entrusted to them, necessary funds are also provided. They also receive grants from the State, donations from charitable institutions, and may also raise loans.

Problems with Finances of Panchayats

Across the country, States have not given adequate attention to fiscal empowerment of the Panchayats. Some of the issues associated with their finances are discussed below:

1. Heavy dependence on upper tiers of government: Panchayats are heavily dependent on government grant and internal resource generation at the panchayat level is weak. This is partly due to a thin tax domain and partly due to Panchayats’ own reluctance in collecting revenue.
2. Inflexibility of funds: A major portion of the grants both from Union as well as the State Governments is scheme specific and panchayats have limited discretion and flexibility in incurring expenditures in such schemes
3. Responsibilities do not match finances: In view of their own tight fiscal position, State Governments are not keen to devolve funds to panchayats. In most of the critical Eleventh Schedule matters like primary education, healthcare, water supply, sanitation and minor irrigation even now, it is the State Government which is directly responsible for implementation of these programmes and hence expenditure. Overall, a situation has been created where panchayats have responsibility but grossly inadequate resources.

Way ahead with Finances

1. Explore additional sources: In order to widen their tax base the PRIs will need to explore additional sources of revenue. Rural bodies need to look beyond the traditional areas of lands and buildings and augment their resources by operating in newly emerging sectors through innovative tax/non-tax measures e.g. fee on tourist vehicles, special amenities, restaurant, theatre, cyber café etc.
2. Incentivising Better Performance: The Ministry of Panchayati Raj has evolved a Panchayats Empowerment and Accountability Fund (PEAF) to incentivize both empowerments of the Panchayats by the States, on the one hand, and accountability on the part of the Panchayats to Gram/Ward Sabhas on the other.
3. Royalty from minerals: The role of State Governments should be limited to prescribing a band of rates for these taxes and levies. g. PRIs should be given a substantial share in the royalty from minerals collected by the State Government. This aspect should be considered by the SFCs while recommending grants to the PRIs.
4. Primary authority over taxation: In the tax domain assigned to PRIs, Village Panchayats must have primary authority over taxation. However, where such taxation has inter- Panchayat ramifications, the local government institutions at higher levels – Intermediate Panchayat and Zila Parishad could be given concurrent powers subject to a ceiling. Whenever a tax/fee is imposed by the higher tier, such taxes should be collected by the concerned Village Panchayats.

The Spirit of Republicanism is a prominent theme of the Swiss Constitution.

Another important feature of the Constitution is its federal features.

Switzerland is known for its direct democracy. It is hailed as a Dynamic Constitution (features like protection of individual, welfare state et al)

Comparison scheme w.r.t Indian Constitution

Indian Constitution	Swiss Constitution
Executive vested in the President	Executive vested in the Federal Council
President elected by electoral college	Federal Council elected by Federal Assembly
Party Government	Absent
States cannot conclude treaties	Cantons can conclude treaties
Supremacy of Judiciary	Judiciary cannot rule invalid a federal law
No referendum	Referendum possible

Institutions for Direct Democracy

1. Referendum: It means referring bills for ratification to the people. It is not similar to plebiscite. Plebiscite means taking the opinion of the people on any issue.
2. Initiative: It is a bill initiated by the people and people conveying it to the assembly.
3. Recall: It means calling the representative back at any point of time, if voters are not satisfied by his work.

Australia’s system of government is founded in the liberal democratic tradition.

Based on the values of religious tolerance, freedom of speech and association, and the rule of law, Australia’s institutions and practices of government reflect British and North American models. At the same time, they are uniquely Australian.

Australian federation is modeled on the US federation. For example, residuary powers are with the states, Governors of the states are elected by the people and formally appointed by the British Queen.

In Australia, there has been a growth of Cooperative Federalism.

Salient Features

• Form of Government

One of the oldest continuous democracies in the world, the Commonwealth of Australia was created in 1901, when the former British colonies—now the six states—agreed to federate. The democratic practices and principles that shaped the pre-federation colonial Parliaments (such as ‘one man, one vote’ and women’s suffrage) were adopted by Australia’s first federal government.

The Australian Constitution sets out the powers of government in three separate chapters—the legislature, the executive and the judiciary—but insists that members of the legislature must also be members of the executive. In practice, Parliament delegates wide regulatory powers to the executive.

The popularly elected Parliament consists of two chambers: the House of Representatives and the Senate. Ministers appointed from these Chambers conduct executive government, and policy decisions are made in Cabinet meetings.

Apart from the announcement of decisions, Cabinet discussions are not disclosed. Ministers are bound by the principle of Cabinet solidarity, which closely mirrors the British model of Cabinet government responsible to the Parliament.

Although, Australia is an independent nation, Queen Elizabeth II of Great Britain is also formally the Queen of Australia. The Queen appoints a Governor-General (on the advice of the elected Australian Government) to represent her. The Governor-General has wide powers, but by convention acts only on the advice of the ministers on virtually all matters.

• Nature of the Constitution

Like the United States, Australia has a written constitution. The Australian Constitution defines the responsibilities of the federal government, which include foreign relations, trade, defence and immigration.

Governments of the States and territories are responsible for all matters not assigned to the Commonwealth, and they too adhere to the principles of responsible government. In the States, the Queen is represented by a Governor for each State.

The High Court of Australia arbitrates on disputes between the Commonwealth and the states. Many of the court’s decisions have expanded the constitutional powers and responsibilities of the federal government.

• Procedure of Amendment

The Australian Constitution can be amended only with the approval of the electorate through a national referendum in which all adults on the electoral roll must participate. A bill containing the amendment must first be passed by both houses of Parliament, or, in certain limited circumstances, by only one House of Parliament.

Any constitutional change must be approved by a double majority—a national majority of electors as well as a majority of electors in a majority of the states (at least four of the six). Where any state or states are particularly affected by the subject of the referendum, a majority of voters in those states must also agree to the change. This is often referred to as the ‘triple majority’ rule.

The double majority provision makes alterations to the Constitution difficult. Since federation in 1901, only eight out of 44 proposals to amend the Constitution have been approved. Voters are generally reluctant to support what they perceive as increases in the power of the federal government. States and territories may also hold referendums.

Parliament

The government is formed in the House of Representatives by the party able to command a majority in that chamber. Minority parties often hold the balance of power in the Senate, which serves as a chamber of review for the decisions of the government. Senators are elected for six-year terms, and in an ordinary general election only half the senators face the voters.

In the Australian Parliament, questions can be asked without notice, and there is a strict alternation between Government and Opposition questions to ministers during the Question Time. The Opposition uses its questions to pursue the government. Government members give ministers a chance to put government policies and actions in a favourable light, or to pursue the Opposition.

Anything said in the Parliament can be reported fairly and accurately without fear of a suit for defamation. The rough-and-tumble of Parliamentary Question Time and debates is broadcast and widely reported. This has helped in establishing Australia’s reputation for robust public debate, and serves as an informal check on the executive power.

• Nature of Elections

A national general election must be held within three years of the first meeting of a new federal Parliament. The average life of Parliaments is about two-and-a-half years. In practice, general elections are held when the Governor-General agrees to a request from the Prime Minister, who selects the date of the election. The governing party has changed almost every five years on an average, since federation in 1901. The Liberal Party led a coalition with the longest hold on government—23 years—from 1949 to 1972. Prior to World War II, several governments lasted less than a year, but since 1945 there have been only seven changes in the government.

• Voting

For all citizens over the age of 18 it is compulsory to vote in the election of both federal and state governments, and failure to do so may result in fine or prosecution.

Relations between Levels of Government

State parliaments are subject to the national Constitution as well as their state constitutions. A federal law overrides any state law not consistent with it.

In practice, the two levels of government cooperate in many areas where states and territories are formally responsible, such as education, transport, health and law enforcement.

Income tax is levied federally, and debate between the levels of governments about access to revenue and duplication of expenditure functions is a perennial feature of Australian politics. Local government bodies are created by legislation at the state and territory level.

The Council of Australian Governments (COAG) is a forum to initiate, develop and implement national policy reforms requiring cooperative action between the three levels of government: national, state or territory, and local.

COAG comprises the Prime minister, State Premiers, Chief Ministers of the territories, and the President of the Australian Local Government Association.

Its objectives include dealing with major issues by cooperating on structural reform of government and on reforms to achieve an integrated, efficient national economy and a single national market.

In addition, Ministerial Councils (comprising national, state and territory ministers, and, where relevant, representatives of local government and of the governments of New Zealand and Papua New Guinea) meet regularly to develop and implement inter-governmental action in specific policy areas.

The Canadian Constitution encompasses a wide set of principles and values that govern key political relations in the Canadian society.

Salient Features

• Constitutional Monarchy

1. It is the central component of Canada’s constitutional framework.
2. The Constitution Act, 1867 states that executive government and authority in Canada is vested in the Canadian Monarchy (which Canada shares with Great Britain and some other former British colonies).
3. The British Queen is the formal head of the state. The Act further provides for the offices of the Governor General of Canada (at the federal level) and Lieutenant Governors (at the provincial level), recognized as the Monarch’s representatives in Canada.

It is important to note, however, that while the written constitution explicitly places executive authority in the hands of the Monarch and his/her representatives, the unwritten constitutional convention holds that this authority is actually exercised by the Prime Minister and his/her Cabinet.

Parliamentary Government

The Canadian Constitution also provides for a Parliamentary system of government. Features of Parliamentary Government as given in Constitution Act, 1867:

1. The Act established a federal Parliament, consisting of the Monarchy and two legislative chambers, the House of Commons (or Lower House) and the Senate (or Upper House).
2. The Act further states that the powers and authority of these legislative chambers are to be modeled upon those found in the British Parliament.

Further, the Act also established legislative chambers at the provincial level.

In addition to the written provisions of the Act, there also exist several unwritten constitution conventions that are fundamental to the operation of Canada’s parliamentary system.

These include executive dominance by the Prime Minister and the Cabinet (at the federal level) and by the Premier and the Cabinet (at the provincial level), as well as the practice of responsible government.

• The House of Commons

In the Canadian political system, the lower chamber is the House of Commons, which takes its name from the lower house in the British political system. The Commons consists of 308 members known as – like their British counterparts – Members of Parliament (MPs).

• Manner of Election

Members are elected by the first-past-the-post system (as in Britain) in each of the country’s electoral districts, which are colloquially known as ridings (known as ‘constituencies’ in Britain). Seats in the House of Commons are distributed roughly in proportion to the population of each province and territory, but some ridings are more populous than others and the Canadian constitution contains some special provisions regarding provincial representation.

• Term and Tenure

The maximum term of MPs is four years, but it is common for a general election to be called earlier.

• Powers

As in the British political model, the House of Commons is much the more powerful of the two chambers. Although all legislation has to be approved by both chambers, in practice the will of the elected House usually prevails over that of the appointed Senate. The processes and conventions of the Commons reflect very much those of its British namesake.

• The Senate

In the Canadian political system, the upper chamber is the Senate, which takes its name from the upper house in the American political system. The Senate consists of 105 members, appointed by the Governor-General on the advice of the Prime Minister. Seats are assigned on a regional basis, with each of the four major regions receiving 24 seats, and the remaining nine seats being assigned to smaller regions.

Federalism

The Constitution also provides for a federal system in Canada, meaning there are two key levels of government: the federal (or national) government and the provincial (or regional) governments. Canada is a federation with a strong Centre, wherein residuary powers lie with the Centre.

The Constitution Act, 1867 outlines specific powers and jurisdictions for each of these levels of government, such as what public policy fields each may legislate in, as well as how each level of the government may raise revenue. Over the years, these constitutional provisions have been further clarified and evolved by judicial decisions (first by the British Judicial Committee of the Privy Council, and later by the Supreme Court of Canada).

Changes in the nature of Canadian Federalism

There have also been several constitutional amendments that have had significant consequences for Canada’s federal system. Over the years there has been a shift towards giving greater powers to the states. For example, the Constitution Act, 1930, transferred ownership of natural resources in Western Canada from the federal government to the Western provinces. Another significant amendment was the Constitution Act, 1982, which committed the federal government and provinces to ensuring some level of economic and social equality between Canadian regions. This, in turn, has led to the development of the Equalization Program and the sharing of public funds between governments.

Judiciary

The Supreme Court of Canada is the highest court and final authority on civil, criminal and constitutional matters.

The court’s nine members are appointed by the Governor-General on the advice of the Prime Minister and the Minister of Justice. They serve until the age of 75. Each province operates its own individual court system. The country’s legal system is based mainly on English common law, but in the province of Québec, it is

Each province operates its own individual court system. The country’s legal system is based mainly on English common law, but in the province of Québec, it is modeled on French civil law.

Rights

The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada, which forms the first part of the Constitution Act, 1982.

The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada.

The Charter applies to government laws and actions (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, but not to private activity.

The courts, when confronted with violations of Charter rights, have struck down as unconstitutional, federal and provincial statutes and regulations in whole or in part.

Japan has a Parliamentary system of Government.

It has a constitutional Monarchy. King is more like a ‘Rubber stamp’ authority while PM is head of the Cabinet.

Election of the PM

PM is elected by both the Houses of Japanese Parliament (called Diet)

1. The two houses of the Diet are:

• House of Representatives; and
• House of Councillors

It is not enough for a person to be a leader of the majority party.

He has to be elected by both the houses of the Parliament. If no agreement is reached upon between the two houses on a candidate, then the matter is taken care of by a Joint Committee of both the houses.

The Committee gets 10 days to arrive at a decision. After 10 days, if an agreement cannot be reached, then the will of the lower house prevails.

A significant feature of Japanese Constitution is contained in Article 9.

Herein, Japan formally renounces the policy of war for the settlement of international disputes. However, it can keep forces for self-defence.

Germany is a federation and the residuary powers in Germany lie with the states. The states are referred to as ‘Landers’.

It has a Parliamentary form of Government, modeled on the British Parliamentary form. But it is not just a replicate of the system.

Germany is called as ‘Chancellor’s Democracy’. Chancellor is the PM.

President is the Constitutional Head.

Salient Features

• Chancellor’s Democracy

1. The Chancellor has a clear-cut superiority over other Ministers.
2. Chancellor Principle: Chancellor has a privilege to determine the broad policy and other ministers are expected to act as per these guidelines. While a minister works under these guidelines, he enjoys a lot of autonomy with respect to his department. This mechanism ensures the stability of the coalition government.

• Cabinet Principle

It comes into existence only when there is a dispute among different departments. In such a situation decision is taken collectively.

• Constructive Vote of No-Confidence

The motion of no-confidence against the Chancellor is permitted only when those bringing the notion can prove that they are in a position to form an alternative government. This is also to deal with the problems of Hung Assembly (Coalition Government).

Parliament

Germany has two houses:

1. The Bundestag: The lower house in the German political system is the Bundestag. Its members are elected for a four-year term. The method of election is known as Mixed Member Proportional Representation (MMPR), a more complicated system than First-Past-The-Post (FPTP), but one which gives a more proportional result (a variant of this system known as the additional member system is used for the Scottish Parliament and the Welsh Assembly).

Manner of Elections

Half of the members of the Bundestag are elected directly from 299 constituencies using the first-past the post method of election. The other half – another 299 – are elected from the list of the parties on the basis of each Land (the 16 regions that make up Germany). This means that each voter has two votes in the elections to the Bundestag:

1. The first vote allows voters to elect their local representatives to the Parliament and decides which candidates are sent to Parliament from the constituencies.
2. The second vote is cast for a party list and it is this second vote that determines the relative strengths of the parties represented in the Bundestag.

The 598 seats are only distributed among the parties that have gained more than 5% of the second votes or at least 3 direct mandates. Each of these parties is allocated seats in the Bundestag in proportion to the number of votes it has received.

Reason behind adopting the above Election System

This system is designed to block membership of the Bundestag to small, extremist parties. As a consequence, there are always a small number of parties with representation in the Bundestag.

Overhang Seat

In addition to the above, there are certain circumstances in which some candidates win what is known as an ‘Overhang Seat’, when the seats are being distributed. This situation occurs if a party has gained more direct mandates in a Land than it is entitled to, according to the results of the second vote, when it does not forfeit these mandates because all directly elected candidates are guaranteed a seat in the Bundestag.

Comparative analysis of Bundestag

One striking difference when comparing the Bundestag with the American Congress or the British House of Commons is the lack of time spent on serving constituents in Germany. This is so because:

1. Only 50% of Bundestag members are directly elected to represent a specific geographical district.
2. A serving constituency seems not to be perceived, either by the electorate or by the representatives, as a critical function of the legislator.

• There is also a practical constraint on the expansion of constituent service in the form of a limited personal staff of Bundestag members (especially compared to members of the US Congress).

The Bundesrat

The upper house in the German political system is the Bundesrat. At a first glance, the composition of the Bundesrat looks similar to other upper houses in federal states such as the US Congress, since the Bundestag is a body representing all the German Lander (or regional states).

However, there are two fundamental differences in the German system:

1. Its members are not elected (neither by popular vote nor by the State Parliaments). They are members of the State Cabinets, which appoint them and can remove them at any time. Normally, a state delegation is headed by the head of government in the Land, known in Germany as the Minister- President.
2. The States are not represented by an equal number of delegates, since the population of the respective state is a major factor in the allocation of votes (rather than delegates) to each particular Land. The vote allocation can be approximated as 2.01 + the square root of the Land’s population in millions with the additional limit of a maximum of six votes so that it is consistent with something called the Penrose method based on game theory. This means that the 16 states have between three and six delegates.

This unusual method of the composition provides for a total of 69 votes (not seats) in the Bundesrat. The State Cabinet may then appoint as many delegates as the state has voted, but is under no obligation to do so; it can restrict the state delegation even to one single delegate.

The number of members or delegates representing a particular Land does not matter formally since, in stark contrast to many other legislative bodies, the delegates to the Bundesrat from any one state are required to cast the votes of the state as a bloc (since the votes are not those of the respective delegate).

This means that in practice it is possible (and quite customary) that only one of the delegates (the Stimmführer or “leader of the votes” – normally the Minister-President) casts all the votes of the respective state, even if the other members of the delegation are present in the chamber.

Even with a full delegate appointment of 69, the Bundesrat is a much smaller body than the Bundestag with over 600 members. It is unusual for the two chambers of a bicameral system to be quite so unequal in size. But the Bundesrat has the power to veto a legislation that affects the powers of the states.

France is known as ‘Laboratory of Political experiment’.

It has a unitary form of government and nature of the government is called as semi-Presidential type

It has some features of Parliamentary system and others of Presidential system

1. The French Parliament does not have supremacy even in lawmaking. There is a list for which the legislature can make laws, whereas rest of the matters are taken care of by the President (i.e. he makes the laws).
2. This is perhaps the only Democratic Constitution based on the Principle of Supremacy of Executive.
3. France suffered from political instability. Hence, the Constitution of the 5th Republic provides a strong President, with a fixed term of 5 years, and he enjoys a lot of powers.

President

1. The French President is the most powerful within the French system as well as amongst all other executive across world democracies
2. Privileges of the Office of the President of US, i.e. security of tenure and being the head of the Government as well as head of the State is combined with the privileges of the Office of the British P.M. i.e. power to dissolve the Assembly (which the American President doesn’t enjoy)

France has PM as well as President.

French PM, unlike that in India and Britain, is assistant to the President. There is a division of functions, rather than

There is a division of functions, rather than the division of power between the two positions. The French President deals with foreign policy and national concerns. The PM, on the other hand, deals with day to day routine functions of the Government and local domestic issues.

PM is appointed by the President. The President doesn’t have a completely free-hand in PM’s election. The person appointed as PM must enjoy the confidence of the House.

Concept of ‘Cohabitation’

A situation where the President and the PM belong to different political parties

PM may choose his cabinet colleagues. None of the members of the Govt. can be a part of the legislature

Cabinet is presided over by the President.

The Lower House can pass the ‘Censure Motion’ against the PM and his CoM, which would imply that they must resign

The President is elected for a fixed term. Initially, the term was 9 years, reduced to 7 years and at present is 5 years.

They follow Second Ballot system (i.e. an absolute majority of the total votes polled is needed)

The President of the Republic shall be elected by an absolute majority of votes polled: if in the first round of elections, no person gets absolute majority only the top two candidates remain and the rest are eliminated. The second round of election takes place, in which one person is able to get the absolute majority.

Removal of the President

1. The President can be impeached on the same ground as the US President. However, the process is ambiguous.
2. Article 67 of the Constitution suggests that both the Houses should pass an identical motion.

• After this, the President’s case will be dealt with by a special body called the High Court of Justice.

1. This body also trails cases of corruption and conspiracies against the state by government ministries.

Emergency Powers of the President

Article 16 of the Constitution gives the real emergency powers to the President. In this situation he assumes unlimited powers and it is like democratic dictatorship or democratic coup-detat.

Comparative Analysis of the US and French Presidents

1. The US President cannot dissolve the Assembly, whereas the French President can do so. The only limitation is that he can’t do so more than twice a year.
2. Unlike the US President, the French President can assume dictatorial powers under Article 16.

Comparative Analysis of the French President and British P.M

The British P.M. can remain in office only as long as he enjoys majority in the lower house. The President of France, on the other hand, is elected for a fixed term.

The Legislature

The Legislature is clearly subordinate to the Executive in the French system. Article 37 of the Constitution puts clear limitation on the legislative power of the French Parliament.

It mentions that the Parliament can make laws only on the matters enumerated in the Constitution. On all other matters, the government can make laws by simple order or decree.

The President can directly influence the legislative functions of the assembly through the P.M. If the assembly doesn’t agree to a particular bill, it can be given for referendum by the President.

The French Parliament is bicameral, consisting of two houses: National Assembly and the Senate.

National Assembly

As is the case with other bicameral Parliaments, the French bicameralism is an unequal system since the National Assembly has much broader powers than those of the Senate:

1. It alone can hold the Government accountable by refusing to grant it ‘confidence’ or by passing a censure motion (following the same idea, only the National Assembly can be dissolved by the President of the Republic).
2. In the case of disagreement with the Senate, the Government can decide to grant the National Assembly “the final say” in the legislative procedure (except for constitutional acts and institutional acts concerning the Senate);

• The Constitution provides the National Assembly with a more important role in the examination of the finance bill and the social security financing bill. Thus, the tabling for a first reading of such bills must be before the National Assembly and the time limits granted for their examination are much longer for the National Assembly.

The Senate

In contrast to the National Assembly, the Senate cannot be dissolved.

The fact that Senate is a permanent body plays an important role in accounting for the stability of the Government when the post of the French Republic’s President falls vacant.

Owing to above, it’s the President of the Senate who is appointed the President of French Republic if the latter is prevented from doing so, if he falls ill or resigns. Thus, a case of power vacuum is prevented, in case the President’s office falls vacant.

This interim is limited to the time needed to organize a presidential election (in practice, it lasts around 50 days).

Prominent Features of the French Constitution

1. Organic Law:An organic or fundamental law is one that forms the foundation of a government or organization. A Constitution is a particular form of organic law for a sovereign state. The French Constitution has certain laws mentioned as organic laws. Laws made by the Parliament and the orders of the Executive must confirm to the Organic laws. So these laws have to be reviewed by a body known as the Constitutional Council. It has 9 members – three are representatives of the President, three are representatives of the French National Assembly, and the remaining three are representatives of the Senate.
2. High Council of Justice: The purpose is the nomination of the judges. This body is headed by the President and the members of the Judiciary. The President is also known as the ‘guardian of Judiciary’.
3. Economic and Social Council: Constitutional advisory body on social and economic issues.

Amendment of the Constitution

1. Rigid process
2. Both the Houses of Parliament have to pass a resolution by 3/5th majority.
3. The President may also choose to refer the amendment to people by referendum.

China is a socialist country. There is supremacy of socialist ideology in China.

The Chinese Constitution accepts the leadership of the Communist Party of China (CPC). Communist Party of China (CPC) is the largest political party in the world, having millions of local level members.

It works on the principle of Democratic Centralism. The full meeting of the party is called as National Party Congress (NPC), which is convened once in five years. Though theoretically all power lies with the people, but in practice, it is with the top leaders.

NPC members select the members of the Central Committee. The Central Committee selects the Polit Bureau (around 200 members). The Polit Bureau selects the Standing Committee of the Polit Bureau (at present 24 members; the most powerful members of the party).

Salient Features of the Constitution

• Preamble

The paramount position of Marxism, Leninism and Mao’s teachings has been acknowledged in relation to ideological goals of the political system. Traditional principle of Democratic Centralism has also been given due place within the Constitutional setup. The old definition of China as a “Dictatorship of the Proletariat” has been replaced with “People’s Democratic Dictatorship.”

The Preamble clearly recognizes Taiwan as an integral part of China and its liberation is declared as a liability of Chinese People. Five points have been set as the underlying principles to be observed in the field of foreign relations. These include:

1. Respect and Preservation of the territorial integrity of all nations
2. Avoidance of aggression
3. Non-interference in the internal affairs of other countries
4. Promotion of international cooperation
5. Peaceful coexistence

• Nature of Constitution

It has close affinity in letter and spirit, with the constitution of the former Soviet Union. It is neither too rigid nor too flexible.

• Basic Principles

Under the Constitution, People’s Republic of China is a Socialist State established in the name of People’s Democratic dictatorship, wherein Communist Party performs a leadership role to guide the people. People are declared as fountain of power and authority and they will exercise it through National People’s Congress.

• Unitary System

The People’s Republic of China is a unitary multi-national state created jointly by the people of all its nationalities. In China, a strong central government exists while regional governments, as distinct entities, have not been created under the Constitution. Therefore, In order to encourage people’s participation in policy-making and preserve their interest in public affairs, decentralization has been introduced in the governmental affairs. The central government has delegated much authority and powers to the regional and local administrative units.

• Democratic Centralism

Like the political system of former Soviet Union, the principle of “Democratic Centralism” prevails in People’s Republic of China as well. Keeping in view democratic norms, elective principle has been introduced at all levels not only within the governmental institutions but also within the Party organization. All the citizens have been secured the right to vote on the basis of adult suffrage.

• One Party System

1. The Communist Party enjoys almost dictatorial powers within the constitutional framework and has been regarded as the sole source of political authority for all practical purposes.
2. Party organization runs parallel to that of the governmental institutions. Party elite hold all top-notch positions in the government.
3. In practice, no other political party enjoys real freedom to act.

Certain youth organizations, loyal to the party and working groups affiliated with the Party, enjoy the right to participate in decision-making.

Legislature

1. The National People’s Congress (NPC) comprises the legislative branch.
2. It is a unicameral legislature with more than 3000 members.
3. Theoretically, it is the top decision making body in China. It has the ultimate say on policies, amendments and appointment of ministers in the government.
4. It has been declared as an organ through which the people exercise state power.
5. Congressmen are elected by regional Congresses, by autonomous regions, by Municipalities working under the central government and by People’s Liberation Army, each according to its quota.
6. The mode of election is based on secret ballot, while the constitution guarantees holding of free and fair elections.
7. The real work of NPC is done by a smaller body known as Standing Committee of NPC, consisting around 150 members.

• Duration

The Congressmen are elected for a period of five years but the Congress can be dissolved before the expiry of its term and it can be extended as well. The Standing Committee of the Congress is responsible for making proper arrangements for holding fresh elections prior to the completion of its term.

• Sessions

Sessions of the Congress are held once a year in Beijing. The Standing Committee of the Congress normally summons its session. In addition to it, the Chairman of the Congress can also summon the session on the request of one fifth of its members.

• Powers

The National People’s Congress is the supreme law-making body, which is fully authorized to enact laws, alter or repeal the existing ones. It also approves the administrative policy for the state.

Enactment of Laws

During its sessions, the Congress enacts new laws and makes necessary alterations in the existing ones, if circumstances so demand. The Constitution can be amended with the support of two-thirds majority of the members of the Congress, whereas ordinary laws are enacted by a simple majority. It is to be noted, that the acts of the Congress cannot be challenged in the Supreme Court.

Executive Powers

National People’s Congress is also empowered under the Constitution, to supervise the execution of constitutional laws and statutes. It can affect and control administrative policies through its choice regarding the appointment of superior public officials. All the administrative departments along with their ministers in charge are accountable to the Congress in respect of performing their official functions. Congress also exercises the power to approve National Economic Policy and the annual budget. Congress is fully authorized under the constitution to exercise all such powers as it thinks expedient and necessary within its sphere of action.

Elective functions

NPC holds a pivotal position within governmental structure by virtue of its power to elect the top-notch occupants of the governmental authority. Under the Constitution, it also elects the President and Vice President of the Republic and appoints Premier of the State Council on the recommendation of the President. On the advice of the Premier, it also appoints other ministers. Congress is also empowered to remove the ministers. It also exercises the power to appoint or remove the President of the Supreme Court and Chief Procurator of the Supreme Procurate.

Though the NPC is fully authorized by the Constitution to exercise all the foregoing powers, in practice, it is not an active body. Rather its position, as a free law-making body is merely in theory. Major reasons being:

1. Its sessions are rarely held on a regular basis. It meets only once a year, that too for not more than a few days.
2. The powers of Congress are virtually exercised by its Standing Committee.

Standing Committee

The Standing Committee of the Congress is an effective and active body, as it exercises, in practice, most of the Congressional powers. It is outwardly a body subordinate to the Congress, as a matter of principle. It is accountable to the parent body and is bound to present regular reports of its working. All the members of the Committee are elected by the Congress and liable to be removed on its discretion.

Powers

1. The Committee summons the sessions of the Congress, in addition to the issuance of orders to hold its fresh elections.
2. It performs the function of interpreting the statutes as well as the laws of the Constitution. The performance of this judicial type of function enhances its importance and the scope of power.
3. It supervises the functioning of the State Council, of superior courts and that of Procurator. These functions have been assigned to the Standing Committee by the Constitution.
4. The Committee has the authority to alter or repeal any inappropriate decision of the official departments, autonomous regions, provinces and that of the Municipalities working under the Central government.
5. It is actually the repository of real powers during the interval in which the Congress is out of session. During this period, it wields the authority to issue orders regarding the appointment of new ministers and removal of the previous ones, on the advice of the Premier. It can issue orders for the appointment or removal of the Vice President as well as the Deputy Chief Procurator.

• Chairman

The Chairman of the Committee has been regarded as the most powerful person in the political setup. He presides over the meetings of the Standing Committee. He has also been endowed with the power to issue decrees and promulgate ordinances. His list of duties include:

1. To receive the diplomatic envoys of other countries;
2. Ratification of the treaties made with other countries; and
3. Appointment of the members of diplomatic corps assigned to other countries.

Other Committees

The People’s Congress forms a number of Committees during its term, such as National Committee on fiscal and economic affairs, Committee on education, science, culture and health issues, Committee on foreign affairs, Committee on matters relating to Chinese settled abroad. All these committees work under the supervision of the Standing Committee of National People’s Congress during the period the latter is not in session.

Keeping in view the aforesaid functions and powers of the Standing Committee, it is apparent that it is a powerful and effective body. As the Congressional annual session lasts a few days only, its powers are virtually exercised by the Standing Committee for the remaining period the parent body is not in session. The Committee’s members, being the members of the Chinese Communist Party, perform important role in administrative affairs as well.

Executive

• State Council

The State Council is the Cabinet or Executive of China. It is headed by the Premier, four Vice Premiers and State Councillors. Under the Constitution, State Council is the chief executive organ of the government. All its members are elected by the Congress and accountable to it. Enforcement of law, formation and execution of the administrative policy is the major function of the Council. The members of the State Council introduce the bills on the floor of the Congress in the form of proposals and later manage to get these translated into law on parliamentary lines.

• Premier

The Premier performs a very important role as head of the administration and holds a pivotal position within the administrative set up.

• President

1. The President of the Republic is regarded as head of the state.
2. He is elected by the Congress for a period of five years.

• The President enjoys the most prestigious position in the administrative setup.

Judiciary

China has a committed Judiciary, i.e. committed to the goal of Socialism. The highest organ is the Supreme People’s Court. China also has a Court of Procuratorates – it deals with corruption cases of officials. Chinese law has never been codified in a systematic form. Most of the disputes and controversies are settled in quasi-judicial institutions. The Chinese judicial system has been held together more by conventions, rather than by laws.

• Central Military Commission

1. The party and the government maintain control on the military through the Central Military Commission
2. Military is also described as the defenders of the Communist Party.

Rights and Duties

Rights

1. The Chinese Constitution gives Fundamental Rights and prescribes certain duties for its citizens.
2. All citizens at least18 years of age are secured the right to vote. They also enjoy the right to contest elections. Right to secrecy of all correspondence, freedom of speech and expression, freedom to join or form associations, and right to hold public meetings even to the extent of staging demonstration or resorting to strike for articulation of demands, have been secured under the Constitution.

• According to the constitution, the government is under obligation to afford full protection to the preservation of family life in addition to the integrity of a person. All citizens have the right to personal security against illegal detention. The constitution also recognizes equal right of all citizens to education and cultural freedom. Equality of men and women has also been recognized in all areas of life.

Duties

The Chinese constitution explicitly prescribes certain duties of the citizens, which are justiciable. It is the first and foremost duty of the citizens to cooperate with the Socialist leadership in every respect, abide by the Constitution and all other state laws. They are required to protect public property and extend a helping hand in the maintenance of law and order. To defend the country against foreign aggression is also another duty of the citizens.

Communist Party of China

The Chinese Communist Party came into being in 1921. Lenin sent one representative to China to assist in organizing the newly established party. Cheng Tu-hisu was appointed as the first Secretary General of the Chinese Communist Party and within a short period many branches of the Party were established in the towns and cities.

• Ideological Foundations

Ideology of the Chinese Communist Party had been shaped by the teachings of Marx and Lenin right from its inception. It developed a deep linkage with the global Communist Movement in its early phase. Mao also played a pivotal role in the socialist struggle of the Chinese People.

• Party Organization

The party operates on the principle of Democratic Centralism. Accordingly all office bearers of the Party are elected. Primary unit of the Party elects District Congress while District Congress elects the deputies of the Congress of the upper level. Party members enjoy right to criticize party leadership and may initiate proposals for framing party policies. On the same pattern, primary party branches may lodge complaints for the consideration of higher leadership.

On the other hand, strict party discipline is maintained and strong centralism operates in the decision-making process. It is obligatory on the lower ranked party members to abide by the decisions of the higher ranked party leadership. In practice, most of the decisions are thrust upon by the higher ranks within the central leadership.

• Politburo

The Politburo has been regarded as the most powerful body in the decision-making process, as it makes all- important decisions; so much so that it summons the sessions of the Central Committee. It also has a Standing Committee consisting of seven members. Like its counterpart within the government, the Standing Committee of the Politburo exercises all the powers of the Central Committee when the latter is not in session.

• National Congress of the Communist Party of Congress

National Congress of the Communist Party of Congress holds a pivotal position in the policy-making of the Party. Members of the Congress numbering in thousands with no fixed size are elected by the respective regional and local party congresses for a period of five years.

• Central Committee

The National Congress of the Communist Party of Congress holds its sessions for a few days, once every five years. The Central Executive Committee, comprising limited membership, exercises the power of the Congress when the latter is not in session. The powers of the Central Executive Committee are also exercised in practice, by its Politburo, as the former rarely holds its meetings. The Central Committee elects the members of its Politburo, as well as its Chairman and Vice Chairman.

Other Parties and Groups

The single party system, on the lines of Soviet Union, has not been adopted in the People’s Republic of China; rather such smaller parties, as Kuomintang Revolutionary Committee, Democratic League, National Construction Association, and various Youth Organizations are allowed to function.

Hence, China is a multi-national and multi-party country. In China, the term democratic parties refer to the eight other parties apart from the Chinese Communist Party. These have developed cooperation with the Chinese Communist Party on different levels, since the inception of the new order.

But, the Communist Party enjoys a political monopoly in China, while other parties have merely dejure existence. Party Organization runs parallel to that of the government. A person holding an important position as a public official is also assigned office within the Party.

The Central leadership of the Party is mainly responsible for chalking out government policies. The importance of any government department can’t be assessed keeping in view merely its legal status, since its role within the Party matters.

The Central leadership of the Party is mainly responsible for chalking out government policies. The importance of any government department can’t be assessed keeping in view merely its legal status, since its role within the Party matters.