# FEDERALISM IN INDIA:- India is a federal system but with more tilt not appoint the governor, the centre

the centre does.16)New states formation:-

towards a unitary system of government. It is sometimes considered a the parliament has the power to alter the territory of a state by
quasi-federal system as it has features of both a federal and a unitary increasing or reducing the area of the state. It can also change the
system. Article 1 of the Indian Constitution states, ‘India, that is Bharat, name of a state. 17)All India Services:- through the All India Services
shall be a union of states’. The word federation is not mentioned in the such as the IAS, IPS, etc. the centre interferes in the executive powers
constitution. Elements of federalism were introduced into modern of the states. These services also offer uniformity in administration
India by the Government of India Act of 1919 which separated powers throughout the nation. 18) Integrated election machinery :- the
between the centre and the provincial legislatures. Federal Features of Election Commission of India is responsible for conducting free and fair
the Indian Constitution:- 1) Written Constitution:- The Indian elections at both the centre and the state levels in India. The members
Constitution is a written document containing 395 Articles and 12 of the EC is appointed by the president. 19) Veto over states bills:- The
schedules, and therefore, fulfils this basic requirement of a federal governor of a state can reserve certain kinds of bills for the president’s
government. In fact, the Indian Constitution is the most elaborate consideration. The president enjoys absolute veto on these bills. He
Constitution of the world. 2) Supremacy of the Constitution:- India's can even reject the bill at the second instance that is when the bill is
Constitution is also supreme and not the hand/ made of either the sent after reconsideration by the state legislature. This provision is a
Centre or of the States. If for any reason any organ of the State dares departure from the principles of federalism. 20) Integrated audit
to violate any provision of the Constitution, the courts of laws are there machinery:- the president of the country appoints the CAG who audits
to ensure that dignity of the Constitution is upheld at all costs. 4) Rigid accounts of both the centre and the states. 21) Power to remove key
Constitution:- The Indian Constitution is largely a rigid Constitution. All officials:- the state government or state legislature does not have the
the provisions of the Constitution concerning Union/ State relations authority to remove certain key government officials even at the state
can be amended only by the joint actions of the State Legislatures and level like the election commissioner of a state, judges of the high
the Union Parliament. Such provisions can be amended only if the courts, or the chairman of the state public service commissions. CASE
amendment is passed by a two/ thirds majority of the members LAW:- State of West Bengal v. Union of India AIR 1963 SC 1241:- “The
present and voting in the Parliament and ratified by at least one/ half Constitution of India is not truly Federal in character. The basis of the
of the States. 5)Division of Powers:- In a federation, there should be distribution of powers between the Union and States is that only those
clear division of powers so that the units and the centre are required to powers which are concerned with the regulation of local problems are
enact and legislate within their sphere of activity and none violates its vested in the States and the residue, especially those which tend to
limits and tries to encroach upon the functions of others. This requisite maintain the economic industrial and commercial unity of the country
is evident in the Indian Constitution.6) The flexibility of the are left to the Union.”
Constitution:- Is a blend of flexibility and rigidity. Certain provisions of
the Constitution can be easily amended. In case the amendments seek # Impeachment of President Article 61:- We are all aware that our
to change aspects of federalism in India, the provision to bring about Constitution is divided into 25 Parts and Part V of the constitution deals
such amendments is not easy 7)More power vests with the Centre:-the with the 'Union Government' based on five chapters in which Chapter 1
constitution guarantees more powers with the Union List. On the is the 'Union Executive' which deals with the 'President and Prime
Concurrent List subjects, the parliament can make laws that can Minister'. In this article, we are exclusively going to talk about the
override the laws made by a state legislature on some matters. The President of India. The President of India is the constitutional head of
parliament can also make laws regarding certain subjects in the State the Executive of the Union. We as students have always wondered
List. 8) Unequal representation of states in the Rajya Sabha:- the about the role of a president and what India's president actually is for.
representation of the states in the upper house is based on the states’ Procedure for impeachment of President :- Article 61, this article was
populations. For example, Uttar Pradesh has 31 seats and Goa, 1 in the introduced in 1948. Impeachment symbolizes a major incident, that
Rajya Sabha. In an ideal federal system, all the states should have equal occurred if the President of an Indian nation violates the constitutional
representation. 9) The executive is a part of the legislature:- in India, rule or fails to conduct any vital duty for the progress of the nation.
the executive in both the centre and the states is a part of the Article 61 specifically deals with the process of removal of the Indian
legislature. This goes against the principle of division of powers President. 1) A notice in the form of a resolution can be brought before
between the different organs of the government. 10) Lok Sabha is any house of the Parliament. 2) The resolution must be passed and
more powerful than the Rajya Sabha – in our system, the Lok Sabha is signed by at least 1/4th of the total members of that house 3)After its
more powerful than the upper house and unequal powers to two signed, then a written notice along with the copy of the signature of
houses is against the principle of federalism.12)Emergency powers:-the the members supporting the impeachment is sent to the president for
centre is provided with emergency powers. When an emergency is him to know what are the allegation brought against him and at least
imposed, the centre has increased control over states. This undermines 14days time is given to the president to present a defensive statement
the autonomy of the states 13) Integrated judiciary:- the judiciary in 4) After that, a resolution has to be passed by a majority of not less
India is integrated. There is no separate judiciary at the centre and the than 2/3rd of the total membership of that house, in which the process
state levels 14) Single citizenship:- in India, only single citizenship is of impeachment was initiated. 5) After the resolution is passed, the
available to citizens. They cannot be citizens of the state as well. This other house investigates the charge, 6) As charges get investigated, the
helps in increasing the feeling of nationality as it forges unity amidst president has the right to appear and defend himself. 7) Now the other
regional and cultural differences. It also augments fundamental rights house which has investigated the charges shall have a vote with a
such as the freedom of movement and residence in any part of the majority of 2/3rd of total membership of that house. 8) If the other
nation. 15) Governor’s appointment:- the governor of a state acts as house shall have the effect of removing the president from his office on
the centre’s representative in the state. The state government does the date when such resolution is passed by the Parliament
# CONSTITUTIONAL POSITION AND POWER OF PRESIDENT:- The head commerce. • No Bill may be passed into law without the President's
of state and the official executive is the President. Every executive approval. • He has the authority to enact ordinances when Parliament
action at the center is allegedly taken in his name. He received this is not in session. • The President proposes 12 candidates for the Rajya
power under Article 53(1) of the Constitution, which states that Sabha from among those with exceptional expertise in the humanities,
"executive power shall be vested in the President and shall be sciences, literature, or social work. If he believes that community is
exercised by him directly or through subordinate officers." When underrepresented in the Lok Sabha, he additionally proposes two
determining the President's constitutional position, Articles 53, 74, and Anglo Indian candidates. 4) Financial Powers:- • The President's
75 of the Indian Constitution should be taken into account. Position:- recommendation must be obtained before the Money Bill is
• The President is granted executive authority by Article 53, but s/he introduced. • The President arranged for the Parliament to see the
must uphold the Constitution when using that authority. • According to Union Budget. • Making a request for grants requires the president's
Article 74 of the Constitution, there shall be a Council of Ministers to approval. • The President is in charge of the Indian Contingency Fund.
assist and advise the President in the discharge of his duties, and he •Every five years, the President appoints the Finance Commission.
shall take such advice into consideration when making decisions. 5)Judiciary and Diplomacy:- • The President has the authority to
• According to Article 75(3), the House of the People holds the Council commute sentences, reprieve, remit, or pardon offenders. • He selects
of Ministers jointly accountable. The President is not subject to ambassadors and accepts credentials from ambassadors from other
legislative oversight under any provisions of the Constitution.• The countries. 6) Military Powers:-• Article 53 gives the President of India
manner and election procedure for the President of India are described sole command of the country's armed forces. According to the
in Articles 54 and 55 of the Indian Constitution. • According to Article parliament's rules, the president of India has the authority to declare
58 of the constitution, the candidate for president must be at least 35 war or reach a peace agreement. 7)Emergency Powers:-The Indian
years old, an Indian citizen, and entitled to serve in the Lok Sabha. A Constitution specifies three different sorts of emergencies that the
person who occupies the office of profit is likewise ineligible to run for President of India must handle. • National Emergency (Article 352)
president. • The President is the nominal head of the Union under the •President's Rule (Articles 356 and 365) • Financial Emergency (Article
parliamentary system of government that is reflected in our 360) 7)Ordinance-Making Power:- • he ability of the President to issue
Constitution, and he exercises the powers and duties that are granted Ordinances is covered under Article 123 of the Indian Constitution. The
to him by or pursuant to the Constitution with the assistance and Union Cabinet's ordinance is promulgated by the president.
counsel of his Council of Ministers. The role of the governor in the #Power to Grant Pardon & Judicial Review:- The clemency power of
States is similarly defined by the constitution. Authority And Duties :- the President is one of the powers which has been conferred on the
1)Executive Powers:- • He exercises all executive powers either executive. Article 72 of the Indian Constitution confers the power of
personally or through subordinate officers. • He is the Defense Forces' pardon on the President and Article 161 gives the same power to the
ex-officio Supreme Commander. Both war and peace can be started by Governor. The power of clemency has been exercised for centuries. In
him. • The Chief Election Commissioner, Comptroller and Auditor- the earlier period, the power was used by the kings for gaining a
General, Members of the U.P.S.C., Members of the Finance political advantage while in today’s times the use and understanding of
Commission and Inter-State Council, Commissioners of pardoning power are more often associated with the concept of mercy
SCs/STs/Backward Classes and Minorities, and other officials are and fairness. Scope of pardoning:- The scope of clemency power by
among those s/he appoints. He also appoints Governors, Lieutenant the President under Article 72 of the Indian Constitution is wider than
Governors, Chief Justice and Supreme Court and High Court Judges, the pardoning power of the Governor as mentioned under Article 161
Prime Minister and Union Ministers, and other officials. • He of the Indian Constitution. Article 72 condors the power on the
establishes regulations to make government business more convenient President to grant pardon, reprieve, respites, or remissions of
to conduct and distributes such business among Ministers. • Every punishment or to suspend, remit or commute the punishment of any
decision made by the Council of Ministers must be communicated to person convicted in crime following cases:- 1) Where the punishment is
him. • Through the Administrators or Lieutenant Governors, s/he by court-martial. 2) Where the punishment is for the offense against
oversees the Union Territories. • Any of his ministers, the attorney any law relating to the matters of executive power of the union. 3)
general of India, a state governor, the chairman or members of the Where the sentence is a death penalty. * Article 161 confers the power
public service commission (federal and state), a judge of the Supreme of clemency on the Governor to grant pardon etc in certain cases. The
Court or high court, or an election commissioner may be removed from Governor of the State shall have the power to grant clemency,
office by him.2) Legislative Powers:- • A meeting of Parliament may be reprieves, respites, or remission of punishment or to suspend or cancel
called, prorogued, and addressed by the President. He also demands or lessen the punishment of any person convicted of any offense. The
the dissolution of the Lok Sabha. The President may call a joint session powers of President and Governor differs in the following ways: 1) The
of both Houses of Parliament if there is a deadlock between them.• In power of the President to grant clemency extends in the cases where
regards to any Bill or other topic, he may transmit communications to the punishment is by the Court Martial but Article 161 does not
either House of Parliament. • Presenting reports to the Parliament, provide such power to the Governor under Indian Constitution. 2) The
such as the Annual Financial Statement, the Comptroller and Auditor President can allow pardon in all cases where the sentence of death
General's Report, the U.P.S.C.'s Annual Report, etc. • Certain Bills, such but the pardoning power of the Governor does not extend to the death
as those relating to the establishment or reorganization of States, sentences cases. Maru Ram v. Union of India (1981) the constitutional
cannot be submitted in the Parliament without the prior approval or bench of the Supreme Court held that the power to grant pardon
suggestion of the President. 3) Money Bill :-• A bill regarding under Article 72 is to be exercised on the advice of the Council of
Consolidated Fund of India expenditure, a bill affecting taxation that ministers.The Supreme Court, in this case, laid down emphasis on the
states are concerned about, and a bill restricting free trade and British practice while arriving at this conclusion regarding the Ind positi.
# PROCEDURE OF PASS BILLS IN PARLIAMENT:- Parliament is the main Constitution Amendment Bills are passed in each house of Parliament
focus of a democracy. It is the supreme legislative body of India. The by a large number of the present total members of that house i.e.
Constitution of India came into force on 26 January 1950, is bicameral. known as majority of that house. This is how bills become acts and
Parliament consists of the President and the two Houses – Rajya Sabha Indian Parliament works. Similarly, the State Legislature of India has to
(Council of States) and Lok Sabha (House of People). Chapter III of Part legislate acts for the state government to introduce bills. The
VI of the Constitution gives us knowledge of State Legislature. It Procedure of passing a bill through the state legislature is almost the
comprises the state legislature and executives. Articles 168 to 212 in same as that of passing a bill in Indian Parliament. Karri Lakshmi Vs The
Part VI of the Constitution deals with the composition, duration, State of Andhra Pradesh:- High Court issued Writ in violation of Articles
officers, procedures, privileges, powers etc of the state legislature. 196(2) and 197 of the Constitution of India * Article 226 of the
Ordinary Bill:- An Ordinary Bill is introduced in either house of the Constitution of India stated in the affidavit that was filed therewith, the
Parliament. It must be passed by both the Houses by a simple majority High court issued writ or direction more particularly and in one of Writ
of voting. There are five stages through which a bill has to go through of Mandamus declare that:- The Andhra Pradesh Decentralization and
before it finally becomes an act: 1) First Reading:- A minister or a Inclusive Development of all Regions Act 2020 by Municipal
member introduces the bill in either house of the Parliament. The title Administration and Urban Development (CRDA II) Department, of
and objective of the bill is read by the minister. •After the introduction, Government of Andhra Pradesh, constituting of Amravati Metropolitan
the bill is published in the Gazette of India • In this stage there is no Region Development (AMRDA) arbitrary, unreasonable and colourable
discussion on the bill 2) Second Reading:- This is the Stage of General exercise of power, unconstitutional in utter derogation of Article 196
Discussion. Four actions can be taken on the bill: • It may take the bill (2), 197 of the Constitution of India.
into consideration immediately or on some other fixed date • It may
proceed the bill to a select committee of the House • It may proceed # FUNCTIONS OF PARLIAMENT:-The legislative powers of the federal
the bill to a joint committee of the two Houses • It may spread the bill government lie within the parliament of India. Thus, the laws that are
to elicit public opinion 3) Third Reading :- Here one of the two actions framed by the parliament of India are enforced throughout the
take place: • Acceptance of the Bill (If the majority of members accept country. In India, the parliament is divided into two categories, Rajya
the bill, the bill is regarded as passed by the House) • Rejection of the Sabha and Lok Sabha. Thus, the functions of Indian parliament depend
Bill 4) Bill in the Second House – The first three stages are again on the various power given by the government. So, the laws made by
repeated here i.e.: a) First Reading b) Second Reading c) Third Reading the parliament are executed by both the houses. 1) Legislative Powers:-
• The second house can take one of the following actions: i) It may pass There are many subjects in our constitution and they are divided
the bill by the first house without any changes ii) It may pass the bill among the state, union, and concurrent lists. Thus, in the concurrent
after making amendments and return it back to the first House for list, the parliamentary law overrules the legislative law of the state.
reconsideration iii) It may reject the bill altogether iv) It may not take Furthermore, the constitution also has the powers to make the law in
any action and therefore keep the bill pending as it is. 5) Assent of the the following circumstances: • When the national emergency is under
President – President can take one of the three actions : • May give his the operation. • When the Rajya Sabha passes a resolution act. • If it is
assent to the bill where the bill becomes an act and is placed on statute required by two or more states to request the parliament. • When the
book. • May withhold his assent to the bill where the bill ends and rule of the president is under operation. •Also, when it is important to
does not become an act. • May return the bill for reconsideration give recognition to international treaties, agreements, and
where the houses can/cannot make amendments and send it back to conventions. 2)Constituent Powers:- This is a simple function of
the President after which he has to give assent. Money Bills :- A Bill is parliament. Within this power, the parliament can pass any law that is
said to be a Money Bill if it contains particular Acts related to taxes, required. Also, it can be done to amend the constitution. 3)Judicial
borrowing of money by the government, expenditure from or receipt Powers:- Within this power, there are different functions of parliament
to the Consolidated Fund of India. A Money Bill is only introduced in associated. This power includes functions like • Removing the vice
Lok Sabha, on the recommendation of the President. • Money Bills president • Impeaching the president in reference to the violation of
passed by Lok Sabha are sent to the Rajya Sabha. The Rajya Sabha do the constitution • Punishing various members for breach of privileges
not have power to amend money. • A money bill should be returned to like serving as a member while he/she is still under oath. Also, sitting in
the Lok Sabha by the Rajya Sabha within 14 days of commencement of the house when the member themselves knows that they are not
procedure , or else the bill is regarded to have passed both houses as it eligible. • Removing the judges of the high court and supreme court. 4)
was originally passed by the Lok Sabha. • It is then presented to the Financial Powers:- This power has various functions in it. It includes
President, who gives his assent and it then becomes a law. scrutinizing the performance of the government particularly with
Financial Bills:- Financial Bill is a bill that contains provisions related to respect to financial committees. Also, it includes the enactment of the
taxation and expenditure, and in addition contains laws related to any budget. 5)Executive Functions:- The parliament of India also consists of
other matter is called a Financial Bill. This Bill merely involves the political executive. There are various ways through which the
expenditure by government. This Bill must be passed by both the parliament exerts the control over the executive. This is done through
Houses of Parliament i.e. Rajya Sabha and Lok Sabha. • A Financial bill zero hours, question hour, adjournment motion, calling attention
does not require the recommendation of the President for its motion, etc. *Thus, to establish this, members of various political
introduction. • It cannot be passed by either house unless the parties are nominated for the parliamentary discussion. These
President has recommended to that house the consideration. • But not committees help the parliament to control the government. It is
being the Money Bill, Rajya Sabha has full power to reject or amend mentioned in article 75 of the constitution that the council of ministers
such a Bill as in the case of ordinary bills. Constitutional Amendment can stay in the office as far as it does enjoy the confidence of the Lok
Bill:- These are Bills which seek to amend the Constitution. The Sabha.
# JURISDICTION OF SUPREME COURT:- The history of the Supreme B) Advisory Jurisdiction (Art-143):-Article 143 of the Constitution of
Court can be traced back to the Government of India Act, 1935. The Act India confers the advisory jurisdiction of the supreme court which
established the Federal Court, which was responsible for adjudicating provides that the President of India may seek the opinion of the
on the disputes between the federal states and provinces. Supreme Court in the following categories :-• Any question of law may
Furthermore, the Federal Court was also empowered to hear appeals likely be with respect view of public importance where the President
from the high courts. The jurisdiction and powers of the Supreme Court deems it expedient to obtain such an option and On any dispute arising
are similar to those of the Federal Court. Article 124 of the Indian out of any prior constitutional agreement or treaty. • The Supreme
Constitution provides for the establishment of the Supreme Court. The Court can tender or reject its opinion to the President of India in the
Supreme Court became operational on 28th January, 1950. A) Original first case but the Supreme Court has to tender its opinion to the
jurisdiction (Art-131):- Article 131 elucidates the original jurisdiction of President in the second case. •Here we have to note that, in both these
the Apex Court. It provides that the Court will be competent to exercise cases, the opinion expressed by the Supreme Court is merely advisory
original jurisdiction:- • In disputes between the Union Government and and not a legal pronouncement, so the judiciary opinion of the
one or more States • In such disputes, where the Union Government Supreme Court is not binding on the President. C) Review Jurisdiction:-
and one or more states constitute one party and one or more states Review Jurisdiction is covered under Article 137, through which the
constitute the other party • In disputes between two or more states • Supreme Court has the authority for the reviewal of its judgments.
However, the proviso to Article 131 states that the jurisdiction of the There are two grounds for reviews: • Apparent error on the face of
Supreme Court can be excluded by virtue of any treaty, agreement, or recording which leads to judgment or • If in case new evidence has
similar instrument. This Article is ostensibly based on Section 204 of been unearthed which was not available earlier despite the best
the Government of India Act, 1935. State of Bihar v. Union of India attempt by the party. D) Appellate Jurisdiction:- The Supreme Court is
(1969), the plaintiff was the State of Bihar and the defendants were the not only a federal court but also the highest court in India, which
Union Government (1st defendant) along with Hindustan Steel Limited, clearly states that the Supreme Court is primarily a court of appeal
Indian Iron and Steel Company Ltd. The plaintiff brought an action against the judgments of lower courts and tribunals. Articles 132 and
before the Court under Article 131 and the primary issue that came 133 of the Constitution of India establish the appellate jurisdiction of
before the Court was whether the cause of action could be brought the Supreme Court i) Constitutional Appellate Category:- As
under the aforementioned Article. $Writ Jurisdiction (Art-32):- The regards the Constitution, the judgment of the High Court may be
Court enjoys original jurisdiction in matters relating to the enforcement appealed to the Supreme Court, when the High Court has confirmed
of fundamental rights of individuals. Any individual can approach the and given a certifies that the particular case involved a significant
Apex Court in case of violation of fundamental rights, and the Court question of law requiring the interpretation of the Constitution ii)
can issue writs for granting the appropriate remedy. India adopted the Special Leave Appellate Category:- The Supreme Court has authorized
concept of Writs from the British legal system, which empowers the exclusive power to grant in its discretion special leave to appeal from
courts to issue Prerogative Writs. Article 32 provides that the Court can any judgment in any matter passed by matter any court or tribunal in
issue the following for enforcement of fundamental rights: • Habeas the country except military tribunal and court martial. The Supreme
Corpus: Writ ordering the production of the detainee before the Court Court has exclusive power concerning selective ability in its
in order to ascertain whether the detention is legal or unlawful. By discretionary to grant special leave to appeal from any judgment on
virtue of the effect of the 44th Constitutional Amendment, which any matter passed by any court or tribunal in the nation except Military
provides that Article 21 cannot be suspended even at the time of a Tribunals and Courts Martial iii)Civil Cases Appellate Category:-In
declaration of emergency, the writ of Habeas Corpus can be effectively respect of civil cases, the judgment of the High Court may be appealed
issued at the time of emergency as well. • Quo warranto: This writ is to the Supreme Court if the High Court grants a certificate as follows,
issued by a court to a public officer requiring him to explain the That particular civil case might involve a significant substantial question
authority behind his actions. The public officer is required to prove the of law of general importance, and note the observation here that the
authority by which he is holding the office and exercising the powers of supreme court only has the power to decide that substantial question
the public office. This writ is ordinarily issued against executive officers concerning the general importance iv)Criminal Cases Appellate
holding public offices. •Mandamus: The Court issues a writ of Category: The Supreme Court can hear an appeal against the judgment
Mandamus to direct a public official to resume the discharge of his of the High Court in criminal cases if the judgment of the High Court
public duty. It is pertinent to note that this writ cannot be issued appears as follows : • The High Court quashed the acquittal of an
against a private person, a high court chief justice, President of India or accused and sentenced him to death. • The High Court itself takes over
the Governor of any state. •Prohibition: The Court issues this writ to any case from any subordinate court and convicts the accused and
prevent a subordinate court from exceeding or usurping its jurisdiction sentences him to death. • A proper certificate is provided by the High
or from acting in contravention of the law. This writ is issued at the Court that the particular criminal case is fit for appeal in the Supreme
time when a subordinate court decides to try a matter in excess of its Court.
jurisdiction. •Certiorari: Where the Subordinate Court decides a matter
which is beyond its jurisdiction or where the matter is decided in
contravention of the natural justice principles, the Court is empowered
to issue the writ of certiorari, thereby setting aside or quashing the
erroneous decision.
# ELECTION COMMISSION (ART-324):- The Election Commission is a 4) To grant recognition to the political parties and assign the election
body which is responsible for making sure and conducting free and fair symbols to the political parties. 5) To act as a Court for settling disputes
elections in the country. This power has been vested to the body by which are related to granting recognition to the political parties and in
Article 324 of the Constitution of India. Since its establishment in 1950 the allotment of election symbols to these political parties.
and till 15th October 1989, the Election Commission had functioned as 6)Determining the code of conduct to be followed by the parties and
a single member body consisting of the Chief Election Commissioner. the candidates at the time of the elections. 7) Appointment of officers
But on 16th October 1989, the President of India appointed two more for inquiring into disputes related to electoral arrangements.
election commissioners to cope up with the increased work of the 8)Preparing a roster for publicity of the policies of the political
election commission, this was done due to the fact that the voting age parties.9) Advising the President of India on the matters related to the
had been reduced to 18 years from 21 years. And in October 1993. disqualifications of the members of the Parliament. 10) Advising the
Vision/Mission:- Mission:- The Mission of the Election Commission: Governor of a state on the matters related to the disqualifications of
The Election Commission of India has to maintain its independence, the members of the state legislature. 11) Cancelling of polls in cases of
integrity, and autonomy and it must also ensure ease of accessibility, rigging, booth capturing, or any other irregularity. 12) Requesting the
inclusiveness, and ethical participation. It must also adopt the highest President of India or the Governor of a State for commandeering the
standards of professionalism for free, fair, and transparent elections in staff for conducting the elections. 13) Supervising the machinery of the
India to strengthen the trust which the people have in the electoral elections throughout the territory of India and ensuring fair and free
democracy and governance. Vision: The Election Commission of India elections in the country. 14) Advising the President of India on the
has to be an Institution of excellence by intensifying active involvement scenario of President’s rule in the state. 15) Registering the political
through participation and deepening as well as strengthening the parties for elections and granting them the status of a national or a
situation of Democracy in India. Composition:- 1) The Election state political party on the account of their poll performance.
commission will consist of the chief election commissioner and any
number of other election commissioners, if any, as per the President of #PANCHAYATS RAJ:- Panchayati Raj is the oldest system of local
India’s assent. 2) The appointments of the chief election commissioner government in the Indian subcontinent. Panchayati Raj Institutions as
and any other election commissioner will be done by the President of local government units have existed in India for a long time. However,
India himself. 3) When another election commissioner is appointed it was only in 1992 officially established by the Indian Constitution as
then in such cases, the chief election commissioner will have the the third level of India’s federal democracy through the 73rd
authority to act as the chairman of the election commission. 4) The Amendment Act. The 73rd Amendment Act was enacted by the Indian
President of India can also appoint regional commissioners as he national government in 1992 to address these issues and improve local
deems necessary to assist the election commission, this can be done self-governance. Both houses agreed on the legislation, and it became
after consulting with the election commission. 5) The tenure and the law on April 24th, 1993. Objectives:- 1) The 73rd Amendment Act’s
conditions of the work to be done by the election commissioners and primary goal was to democratically decentralise authority and
the regional commissioners will be determined by the President of resources from the centre to locally elected officials in order to
India. 6) The chief election commissioner and the two other election increase citizen participation in governance. 2) Its goal relates to Article
commissioners have equal powers and they also receive equal salary 40 of the constitution, which calls for the state to set up village
and allowances, these are similar to those of a Judge of the Supreme panchayats and give them the requisite authority and powers to
Court. 7) Tenure: They hold the office for a period of 6 years or till they function as self-governing entities. Constitutional Provisions:-
attain the age of 65 years, whichever happens first and they can also 1)Through this amendment, the constitution gained the 11th schedule,
resign at any time or can be removed before the expiry of their tenure. which listed 29 Panchayat-related topics. 2)Additionally, Part IX, which
Independence:- Article 324 of the Constitution of India has made many included provisions from Articles 243 to 243 O, was introduced to the
provisions which safeguard and ensures that the Election Commission Constitution by this measure. 3) The state governments were now
is independent and impartial in its functioning, 1) The chief election required by this modification to implement the new Panchayati Raj
commissioner has been provided with the stable tenure and he cannot system in conformity with the act’s stipulations. Salient features:-
be removed from his office except in the manner and grounds on which 1)Reservation of seats:- Women from Scheduled Castes or, where
a Supreme Court’s Judge is removed from his office. He can be applicable, Scheduled Tribes must have access to at least one-third of
removed by the President of India on the basis of a resolution passed the seats that are set aside for them. Not less than one-third of the
for such an outcome by both the Houses of the Parliament with a total number of seats to be filled by direct election in every Gram
special majority (2/3rd of the members present and voting) which is Panchayat shall be reserved for women and such seats may be allotted
either on the grounds of misbehaviour or incapacity to work. 2) The by rotation to different constituencies in a Gram Panchayat in such
conditions of the chief election commissioner’s service cannot change manner as may be prescribed. 2) Duration:- Every level of panchayat is
to his disadvantage after his appointment is done. 3) Any other given a five-year term of office under the statute. PRI, however, may be
commissioner (election commissioner or regional commissioner) dissolved prior to the end of the natural term. Before the PRI’s natural
cannot be removed from his office unless it is done on the term expires or, in the event of its dissolution, before a period of six
recommendations of the chief election commissioner himself. Powers months has passed since that date, new elections must be held.
and function:- A) Administrative B) Advisory C) Quasi-Judicial. 1) To 3)Qualification & Disqualification: Under any law for the time being in
Notify the dates and the schedule of the elections and to scrutinise the force for the purpose of elections to the legislature of the state
nomination papers. 2) To prepare and revise electoral rolls and register concerned. No person can be disqualified on the ground that he is less
all the eligible voters. 3) To determine the areas of the electoral than 25 years of age if he has attained the age of 21 years.
constituencies throughout the territory of India.
Pachayat Raj_____ 4)State election commission:- The state election 3) The proposed remedy was to remove from office any member of
commission shall be in charge of overseeing, directing, and controlling either House of Parliament or the State Legislature who was found to
the creation of electoral rolls and the conduct of all panchayat have defected. 4)The grounds for disqualification are specified in the
elections. The governor will name a state election commissioner. He Tenth Schedule (Paragraph 2):- A) Members of a political party: A
cannot be dismissed from his position other than in the way and for Member of Parliament or a State Legislature may be disqualified on the
the reasons specified for dismissing a judge. 5) Powers and functions:- following grounds: i) When he voluntarily resigns from his party or
The state legislature may endow the panchayats with such powers and disobeys the direction of the party leadership on the ballot ii)When not
authority as may be necessary to enable them to function as voting / abstaining according to the party whip iii) However, if the
institutions of self-government. 6) Finances:- The state legislature may member has obtained prior permission from the party within 15 days
authorize a panchayat to levy, collect and appropriate taxes, provide of such voting or absence, the member will not be disqualified.
for making grants-in-aid to the panchayats, provide for the constitution B)Independent Members: If a member is elected as an "Independent",
of funds for crediting all money of the panchayats. 7) Finance he or she will be disqualified if they or join a political party.
Commission:- • The governor has the authority to establish an annual C)Nominated Members: Nominated members who were not members
finance commission to review the panchayats’ financial standing, of the party can choose to join the party within six months iv) Joining a
recommend improvements, and make recommendations on any other political party after 6 months will lead to their disqualification. 3) The
issues the governor refers to the commission. • It shall make Constitution Bench of the Supreme Court in Kihoto Hollohan v Zachillhu
recommendations on the following matters: a) The distribution and Others (1992) held that Speaker/Chairman while exercising powers
between the state and the panchayats from the net proceeds of taxes and discharging functions under the Tenth Schedule act as Tribunal.
b) Determination of taxes, duties, tolls and fees that may be assigned 4)According to Paragraph 6 of the Tenth Schedule, the order passed by
to the panchayats c) Grants-in-aid to the panchayats from the the Speaker is final, but it can be subject to judicial review on four
consolidated fund of the state •The state legislature will establish the grounds: mala fides, perversity, violation of constitutional mandate,
FC’s composition and qualifications. • Based on the state’s finance and order passed in violation of natural justice. Conclusion:- The
commission’s findings, the central finance commission will also provide introduction of the Tenth Schedule in the Indian Constitution was
recommendations on how to consolidate the panchayat’s financial aimed at curbing political defections. Though the law has succeeded in
situation. 8) Bar to interference of court:- The act bars the interference a reasonable way but due to some of its loopholes, it has not been able
by courts in the electoral matters of panchayats. It also mentions the to achieve the best it can. Over the years the law has been examined
delimitation related to PRI cannot be questioned by the court. Even by various committees and several recommendations have been given
election petitions shall be entertained based on such mechanism as in their reports e.g. Dinesh Goswami committee report (1990), National
specified by the state legislature. Commission to review the working of the Constitution of India (2002),
255th report of the Law Commission of India (2015). The government
# 10th Schedule of Indian Constitution (Anti-Defection law):- India should relook at these suggestions and make suitable amendments to
witnessed a massive number of defections in the late 1970s which the existing law to help it to develop to the best possible extent.
echoed a complete disregard of the will of the voters who brought
those legislators to power. Furthermore, in 1967, various state
governments were ruined because of “party-hopping” MLAs. The
situation deteriorated quite fast, finally culminating in the Parliament
passing a unanimous motion that called for the formation of a
Parliamentary Committee headed by Y.B. Chavan to investigate and
report on this increasingly concerning issue. The Committee gave its
recommendations and accordingly the 32nd Constitutional
Amendment Bill that sought to disqualify defecting parliamentarians
from holding ministerial positions was submitted to the Parliament.
With the dissolution of the Lok Sabha, this Amendment Bill expired.
The 48th Constitution Amendment Bill, which was similar to the
previous one, was then introduced. Finally, in 1985, the Rajiv Gandhi
government, passed the Constitution (Fifty-Second Amendment) Act,
1985, also popularly known as the Anti-Defection law. • 10th Schedule,
Article 102(2) and 191(2):- The Amendment Act added the 10th
Schedule as well as Clause (2) in Article 102 and Clause (2) in Article
191. While Article 102 contained provisions for grounds of
disqualification of members of the Parliament, Clause (2) gave
authority to the 10th Schedule as holding legitimate grounds of
disqualification. Article 191 spoke about the same but for State
Legislatures. Important Provisions:-1)The Tenth Schedule to the
Constitution was added by the Fifty-second Amendment Act 1985.
2)The purpose of this amendment was to prevent political defections
motivated by the lure of office or other similar considerations from
jeopardizing the foundations of our democracy.