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INDIA: THE POLITY
Wednesday, 21 March 2012 03:11

 

THE POLITY


  • India got Independence on 15th August, 1947. INDIA, a Union of States, is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government.
  • On 26th Nov., 1949 the constituent assembly adopted the constitution drafted by it which came into force on 26th Jan., 1950.
  • The Constitution which envisages parliamentary form of government is federal in structure with unitary features. The President is the head of the state while P.M. is head of government.
  • India comprises of 28 States and seven Union Territories.
  • The Constitution of India provides for a single citizenship for the whole of India.
  • Every person who was at the commencement of the Constitution (26 January, 1950) domiciled in the territory of India and:

(a) who was born in India; or

(b) either of whose parents was born in India; or

(c) who has been ordinarily resident in India for not less than five years because a citizen of India.

  • The Citizenship Act, 1955, deals with matters relating to acquisition, determination and termination of Indian citizenship after the commencement of the Constitution.
  • 109th Amendment Bill, 2009. It seeks extension of Reservation of Seats for the Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Assemblies for another 10 years.
  • The constitution confers some basic rights to its citizens called as fundamental rights. Some of them are also available to aliens. These are justiciable in nature. Under Article 32 one can go to Supreme Court or under Article 226 to High Court in case of violation. These are under part III of the constitution and divided into six parts from Article 12 to 35 these rights are taken from USA.
  • There are some duties also which are taken from USSR. They are incorporated by 42nd amendment 1976. Article 51 ‘A’ contained in Part IVA of the constitution originally they are 10 in number but 86th amendment 202 make it 11.
  • The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country’ and it is the duty of the State to apply these principles in making laws. These lay down that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may a social order in which justice – social, economic and political – shall form all institutions of national life. It is taken from Ireland and is enumerated in part IV of the constitution.
  • The Union executive consists of the President, the Vice-President and the Council of Ministers with the Prime Minister as the head to aid and advise the President.
  • The President is elected by an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation by means of single transferable vote.
  • President must be a citizen of India, not less than 35 years of age and qualified for election as member of the Lok Sabha. His term of office is five years and he is eligible for re-election.
  • He can declare emergency, announce war, give pardon, respite etc. and promulgate ordinance.
  • The Vice-President is elected by members of an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote. He must be a citizen of India, not less than 35 years of age and eligible for election as a member of the Rajya Sabha. His term of office is five years and he is eligible for re-election. The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the latter is unable to discharge his functions due to absence, illness or any other cause or till the election of a new President.
  • There is a Council of Minister headed by the Prime Minister, to aid and advise the President in exercise of his functions (74(1). The Prime Minster is appointed by the President who also appoints other ministers on the advice of Prime Minster. The Council of Ministers is (COM) is collectively responsible to the Lok Sabha. P.M. is the link between COM and President.
  • Legislature of the Union which is called Parliament, consists of President and two Houses Lok Sabha (L.S.) and Rajya Sabha (R.S.).
  • Constitution provides for 250 members in Rajya Sabha, at present, has 245 seats, of these, 233 members represent the States and the Union Territories and 12 members are nominated by the President.
  • The Lok Sabha is composed of representatives of people chosen by direct election on the basis of adult suffrage. The maximum strength of the House envisaged by the Constitution is now 552 (530 members to represent the States, 20 members to represent the Union Territories and not more than two members of the Anglo-Indian community to be nominated by the President). The Lok Sabha at present consists of 545 members.

LIST OF THE MINISTRIES

  • Ministry of Agriculture (Krishi Mantralaya)

(i) Department of Agriculture and Co-operation (Krishi aur Sahkarita Vibhag).

(ii) Department of Agricultural Research and Education (Krishi aur Shiksha Vibhag)

(iii) Department of Animal Husbandry and Dairying (Pashupalan aur Dairy Vibhag)

  • Ministry of Chemicals and Fertilizers (Rasayan our Vuvarak Mantralaya)

(i) Department of Chemicals and Petro-Chemicals (Rasayan aur Petro-Rasayan Vibhag)

(ii) Department of Fertilizers (Urvarak Vibhag)

(iii) Department of Pharmaceuticals

  • Ministry of Civil Aviation (Nagar Vimana Mantralaya)
  • Ministry of Coal (Koyala Mantralaya)
  • Ministry of Commerce and Industry (Vanijya aur Udyog Mantralaya)

(i) Department of Commerce (Vanijya Vibhag)

(ii) Department of Industrial Policy and Promotion (Audyogik Niti aur Samvardhan Vibhag)

  • Ministry of Communications and Information Technology (Sanchar aur Soochana Praudyogiki Mantralaya)

(i) Department of Telecommunications (Doorsanchar Vibhag)

(ii) Department of Post (Dak Vibhag)

(iii) Department of Information Technology (Soochana Praudyogiki Vibhag)

  • Ministry of Consumer Affairs, Food and Public Distribution (Upbhokta Mamle, Khadya aur Sarvajanik      Vitaran Mantralaya)

(i) Department of Consumer Affairs (Upbhokta Mamle Vibhag)

(ii) Department of Food and Public Distribution (Khadya aur Asrvajanik Vitran Vibhag)

  • Ministry of Corporate Affairs (Korporate Karya Mantralaya)
  • Ministry of Culture (Sanskriti Mantralaya)
  • Ministry of Defence (Raksha Mantralaya)

(i) Department of Defence (Raksha Vibhag)

(ii) Department of Defence Production (Raksha Utpadan aur Aapoorti Vibhag)

(iii) Department of Defence Research and Development (Raksha Anusandhan aur Vikas Vibhag)

(iv) Department of Ex-servicemen welfare

  • Ministry of Development of North-Eastern Region (Uttar Poorvi Kshetra Vikas Mantralaya)
  • Ministry of External Affairs (Videsh Mantralaya)
  • Ministry of Finance (Vitta Mantralaya)

(i) Department of Economic Affairs (Arthik Karya Vibhag)

(ii) Department of Expenditure (Vyaya Vibhag)

(iii) Department of Revenue (Rajaswa Vibhag)

(iv) Department of Financial Services (Vittiya Sewayen Vibhag)

(v) Department of Disinvestment

  • Ministry of Food Processing Industries (Khadya Prasanskaran Udyog Mantralaya)
  • Ministry of Health and Family Welfare (Swasthya aur Parivar Kalyan Mantralaya)

(i) Department of Health and Family Welfare (Swasthya aur Parivar Kalyan Vibhag)

(ii) Department of Ayurveda, Yoga-Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) (Ayurveda, Yoga- Prakritik Chikitsa Paddhati, Unani, Siddha aur Homoeopathy Vibhag)

(iii) Department of AIDS Control

(iv) Department of Health Research

  • Ministry of Heavy Industries and Public Enterprises (Bhari Udyog aur Lok Udyam Mantralaya)

(i) Department of Heavy Industries (Bhari Udyog Vibhag)

(ii) Department of Public Enterprises (Lok Udyam Vibhag)

  • Ministry of Home Affairs (Grih Mantralaya)

(i) Department of Internal Security (Antarik Suraksha Vibhag)

(ii) Department of States (Rajya Vibhag)

(iii) Department of Official Language (Raj Bhasha Vibhag)

(iv) Department of Home (Grih Vibhag)

(v) Department of Jammu and Kashmir Affairs (Jammku tatha Kashmir Vibhag)

(vi) Department of Border Management (Seema Prabandhan Vibhag)

  • Ministry of Housing and Urban Poverty Alleviation (Aawas aur Shahari Garibi Upshaman Mantralaya)
  • Ministry of Human Resource Development (Manav Sansadhan Vikas Mantralaya)

(i) Department of School Education and Literacy (School Shiksha aur Saksharta Vibhag)

(ii) Department of Higher Education (Uchchatam Shiksha Vibhag)

  • Ministry of Information and Broadcasting (Soochana aur Prasaran Mantralaya)
  • Ministry of Labour and Employment (Shrama aur Rozgar Mantralaya)
  • Ministry of Law and Justice (Vidhi aur Nyaya Mantralaya)

(i) Department of Legal Affairs (Vidhi Karya Vibhag)

(ii) Department of Legislative (Vidhi Vibhag)

(iii) Department of  Justice (Nyaya Vibhag)

  • Ministry of Micro, Small and Medium Enterprises (Sukshma, Laghu aur Madhyam Udyam Mantralaya)
  • Ministry of Mines (Khan Mantralaya)
  • Ministry of Minority Affairs (Alpasankhya Karya Mantralaya)
  • Ministry of New and Renewable Energy (Naveen Aur Navikarniya Oorja  Mantralaya)
  • Ministry of Overseas Indian Affairs (Apravasi Bhartiyon Ke Mamolon Ka  Mantralaya)
  • Ministry of Panchayati Raj (Panchayati Raj Mantralaya)
  • Ministry of Parliamentary Affairs (Sansadiya Karya Mantralaya)
  • Ministry of Personnel, Public Grievances and Pensions (Karmik Lok Shikayat tatha Pension Mantralaya)

(i) Department of Personnel and Training (Karmik aur Prashikshan Vibhag)

(ii) Department of Personnel and Pensioners Welfare (Pension aur Pension Bhogi Kalyan Vibhag)

(iii) Department of Administrative Reforms and Public Grievance (Prashasnik Sudhar and Lok Shikayat Vibhag)

  • Ministry of Petroleum and Natural Gas (Petroleum aur Prakritik Gas  Mantralaya)
  • Ministry of Power (Oorja Mantralaya)
  • Ministry of Railways (Rail Mantralaya)
  • Ministry of Road Transport and Highways (Sarak Parivahan aur Raj Marg Mantralaya)
  • Ministry of Rural Development (Gramin Vikas Mantralaya)

(i) Department of Rural Development (Gramin Vikas Vibhag)

(ii) Department of Land Resources (Bhumi Sansadhan Vibhag)

(iii) Department of Drinking Water Supply (Peya Jal Poorti Vibhag)

  • Ministry of Science and Technology (Vigyan aur Praudyogiki Mantralaya)

(i) Department of Science and Technology (Vigyan aur Praudyogiki Vibhag)

(ii) Department of Scientific and Industrial Research (Vigyan aur Audyogik Anusandhan Vibhag)

(iii) Department of Bio-Technology (Biotechnology Vibhag)

  • Ministry of Shipping
  • Ministry of Social Justice and Empowerment (Samajik Nyaya aur Adhikarita Mantralaya)
  • Ministry of Statistics and Programme Implementation (Sankhyiki aur Karyakaram Krivanvayam    Mantralaya)
  • Ministry of Steel (Ispat Mantralaya)
  • Ministry of Textiles (Vastra Mantralaya)
  • Ministry of Tourism (Paryatan Mantralaya)
  • Ministry of Tribal Affairs (Janjatiya Karya Mantralaya)
  • Ministry of Urban Development (Shahari Vikas Mantralaya)
  • Ministry of Water Resources (Jal Sansadhan Mantralaya)
  • Ministry of Woman and Child Development (Mohila Aur Bal Vikas Mantralaya)
  • Ministry of Youth Affairs and Sports (Yuva Karyakram aur Khel Mantralaya)

(i) Department of Youth Affairs (Yuva Mamolon ka Vibhag)

(ii) Department of Sports (Khel Vibhag)

CENTRAL GOVERNMENT (INDEPENDENT DEPARTMENTS)

  • Department of Atomic Energy (Pramanu Oorja Vibhag)
  • Department of Space (Antiksh Vibhag)

APEX /INDEPENDENT OFFICE

  • Planning Commission (Yojana Ayog)
  • Cabinet Secretariat (Mantrimandal Sachivalaya)
  • President’s Secretariat Rashtrapati Sachivalaya)
  • Prime Minister’s Office (Pradhan Mantri Karyalaya)

PARTS

CONTENTS

ARTICLES COVERED

I

The Union and its Territory

1-4

II

Citizenship

5-11

III

Fundamental Rights

12-35

IV

Directive Principles of State Policy

36-51

IVA

Fundamental Duties

51A

V

The Union Government

52-151


Chapter I The Executive

52-78


Chapter II Parliament

79-122


Chapter III Legislative Powers to President

123


Chapter IV The Union Judiciary

124-147


Chapter V CAG

148-151

VI

The State Government

152-237


Chapter I General

152


Chapter II The Executive

153-16


Chapter III The State Legislature

168-212


Chapter IV Legislative Powers of Governor

213


Chapter V The High Courts

214-231


Chapter VI Subordinate Courts

233-237

VII

The States in Part B of the First Schedule (Repealed)

238

VIII

The Union Territories

239-242

IX

The Panchayats

243-243(O)

IXA

The Municipalities

243(P)-243(ZG)

X

The Scheduled and Tribal Areas

244-255(A)

XI

Relations between the Union and the States


Chapter I Legislative Relations

245-255


Chapter II Administrative Relations

256-263

XII

Finance, Property, Contracts and Suits

264-300(A)


Chapter I Finance

264-291


Chapter II Borrowing

292-293


Chapter III Property, Contracts, Rights, Liabilities, Obligations and Suits

294-300


Chapter IV Right to Property

300A

XIII

Trade, Commerce and Intercourse within the Territory of India

301-30

XIV

Services under the Union and the States

308-323


Chapter II Public Service Commission

315-323

XIVA

Tribunals

323(A)-323(B)

XV

Elections

324-329

XVI

Special Provisions Relating to Certain Classes like SCs, STs, OBCs and Anglo-Indians

330-342

XVII

Official Language


Chapter I Language of the Union

343-351


Chapter II Regional Languages

343-344


Chapter III Language of the Supreme Court, High Courts, and so on

345-347


Chapter IV Special Directives

350-351

XVIII

Emergency Provisions

32-360

XIX

Miscellaneous

361-367

XX

Amendment of the Constitution

368

XXI

Temporary, Transitional and Special Provisions

369-392

XXII

Short title, Commencement, Authoritative Text in Hindi and Repeals

393-395

IMPORTANT ARTICLES OF THE CONSTITUTION

ARTICLES

CONTENTS

16

Equality of Opportunity in matters of Public employment.

40

Organization of Village Panchayats.

43A

Participation of workers in management of industries.

46

Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.

48A

Protection and improvement of environment and safeguarding of forests and wild life.

49

Protection of Monuments and places and objects of national importance.

50

Separation of Judiciary and executive.

51

Promotion of international peace and security.

72

Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

74

Council of Ministers to aid and advise President.

77

Conduct of the business of the Government of India.

78

Duties of PM with regards to the furnishing of information to the President etc.

109

Definition of “Money Bills”.

112

Annual Financial Statement (Budget).

123

Power of President to promulgate Ordinances during (Parliamentary recess).

143

Power of President to consult Supreme Court.

148

Comptroller and Auditor-General of India.

149

Duties and Powers of the CAG.

150

Form of accounts of the Union and of the States.

161

Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

163

Council of Ministers to aid and advise Governor.

166

Conduct of business of the Government of a State.

167

Duties of CM with regards to the furnishing of information to Governor, etc.

169

Abolition or creation of Legislative Council.

201

Bills reserved by the Governor for consideration of the President.

213

Power of Government to promulgate ordinances during recess of Legislature.

226

Power of High Court to issue certain writs.

249

Power of Parliament to legislate regarding matters in the State List in the national interest.

263

Provisions with respect to an interstate council.

275

Grants from the Union to certain states.

280

Finance Commission.

281

Recommendations of the Finance Commission.

309

Recruitment and conditions of service of persons serving the Union or state.

310

Tenure of office of persons serving the Union or a state.

311

Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state.

312

All India Services.

315

PSC for the Union and for the states.

320

Functions of Public Service Commissions.

323

Reports of Public Service Commissions.

323A

Administrative Tribunals.

324

Election Commission.

338

National Commission for SCs and STs.

340

Appointment of a commission to investigate the conditions of backward classes.

343

Official language of the Union.

344

Commission and committee of Parliament on official language.

350A

Instructions in mother-tongue at primary stage.

350B

Special officer for linguistic minorities.

353

Proclamation of National Emergency.

356

Provisions in case of failure of constitutional machinery in states (President’s Rule).

360

Provisions as to Financial Emergency.

365

Effect of failure to comply with or to give effect to directions given by the Union (President’s Rule).

368

Power of Parliament to amend the Constitution and procedure thereof.

370

Temporary provisions with respect to the state of Jammu and Kashmir.

SCHEDULES OF THE CONSTITUTION

  • First Schedule: The States and the UTs.
  • Second Schedule: Provisions relating to the emoluments, allowances, privileges and so on.
  • Third Schedule: Forms of Oaths or Affirmation.
  • Fourth Schedule: Allocation of seats in the Rajya Sabha to the states and the UTs.
  • Fifth Schedule: Provisions relating to the administration and control of scheduled areas and scheduled areas and       scheduled tribes.
  • Sixth Schedule: Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
  • Seventh Schedule: Union List, State List and Concurrent List.
  • Eighth Schedule: Includes languages recognized by the Constitution, originally, it had 14 but presently there are 22 languages.
  • Ninth Schedule: Validation of certain Acts (Through I and regulations mostly land Amendment 1951) reforms.
  • Tenth Schedule: Anti-Detection (Through 52nd Amendment, 1985).
  • Eleventh Schedule: Panchayats (29 matters) (Through 73rd Amendment, 1992).
  • Twelfth Schedule: Municipalities (18 matters) (Through 74th Amendment, 1992).

CONSTITUTIONAL STATUS

  • National Commission for Scheduled Caste
  • National Commission for Scheduled Tribe
  • National Commission on OBC
  • Special Officer for Linguistic Minorities

STATUTORY STATUS

  • National Commission for Women
  • National Human Rights Commission
  • National Commission for Minorities

IMPORTANT AMENDMENTS OF THE CONSTITUTION

  • 1st Constitutional Amendment (1951): Added 9th Schedule.
  • 7th Constitutional Amendment (1956): Abolished the existing classification of states into three categories.
  • 8th Constitutional Amendment (1960): Extended the period of reservation of seats in legislatures for SCs, STs, and Anglo Indians upto the year 1970.
  • 16th Constitutional Amendment (1963): Enabled the states to impose reasonable restrictions on the freedom of  speech and expression, assembly and association in the interests of sovereignty and integrity of India.
  • 24th Constitutional Amendment (1971): Authorized Parliament to amend by way of addition, variation or appeal, any provision of the Constitution.
  • 25th Constitutional Amendment (1972): Satisfaction of the President/Governor to declare Emergency or issue ordinances that cannot be challenged in any court or any ground.
  • 39th Constitutional Amendment (1975): Questions relating to elections of President, Vice-President, PM, Speaker of LS taken out of the purview of the Judiciary.
  • 42nd Constitutional Amendment (1976): Most comprehensive amendment.

(a) Incorporated. The words Socialist, Secular and Integrity in the preamble.

(b) Asserted the primacy of DPSP over RS.

(c) Incorporated Fundamental Duties of the citizens in the Constitution.

(d) Asserted Parliament’s supremacy regarding amendment of the Constitution.

(e) Authorized the President to make proclamation of Emergency either in respect of any part of the country or to the whole of India.

(f) Made it obligatory for the President to act on the advice of Council of Ministers.

  • 44th Constitutional Amendment (1978): Remove some of the irritants of the 42nd amendment.

(a) Changes in the Emergency provisions to ensure that these powers were not misused by the executives in the future.

(b) Restored to the courts the power to decide whether an office was an office of profit.

(c) Authorized the President to refer back a matter to the council of ministers for reconsideration but made it binding on him to act on the advice tendered after such reconsideration.

(d) Right to Property now declared a legal right.

(e) It restored to the courts the power to decide disputes regarding election of PM and Speaker, etc. (Judicial review restored).

  • 47th Constitutional Amendment (1984): Included 14 land reforms Acts in the ninth schedule.
  • 51st Constitutional Amendment (1984): Reservation of seats in LS for STs in Meghalaya, Nagaland, Arunachal Pradesh and Mizoram. Similar reservation was also provided in the legislative assemblies of Nagaland and Meghalaya.
  • 52nd Constitutional Amendment (1985): Curbed political defections.
  • 55th Constitutional Amendment (1986): Provided new State Assembly for Arunachal Pradesh.
  • 61st Constitutional Amendment (1985): Reduced the voting age from 21 years to 18 years for the LS as well as assembly elections.
  • 65th Constitutional Amendment (1990): Statutory status to the National Commission for SCs and STs.
  • 73rd Constitutional Amendment (1992): Constitutional status to Panchayati Raj.
  • 74th Constitutional Amendment (1993): Constitutional status to municipalities.
  • 80th Constitutional Amendment (2000): Increased the overall share of the states in the revenue upto 26% as per recommendations of 10th FC.
  • 84th Constitutional Amendment (2000): Seeks to extend assemblies across the country upto 2026.
  • 86th Constitutional Amendment (2002): Free and compulsory education for all children between the age of 6 – 14 years.
  • 87th Constitutional Amendment (2003): Figures of 2001 would replace figures of 1991.
  • 88th Constitutional Amendment (2004): Taxes on Services.
  • 89th Constitutional Amendment (2003): National Commission for Scheduled Caste and National Commission for Scheduled Tribes created.
  • 91st Constitutional Amendment (2004): Restricted cabinet size to 15% of legislative members and to strengthen Anti-Detection laws.
  • 92nd Constitutional Amendment (2006): To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh states.
  • 93rd Constitutional Amendment (2005): The state can make laws for the advancement of the SC, ST or the OBCs of citizens in matters of admission to educational institutions including private unaided institution.
  • 94th Constitutional Amendment (2006): In Article 164 of the constitution, in clause (1) in the provision, for the word “Bihar” the word “Chhattisgarh, Jharkhand” shall be substituted.

REPRESENTATION OF STATES AND UNION TERRITORIES

STATES/UTs

LOK SABHA

RAJYA SABHA

Andhra Pradesh

42

18

Arunachal Pradesh

2

1

Assam

14

7

Bihar

40

16

Jharkhand

14

6

Goa

2

1

Gujarat

26

11

Haryana

10

5

Himachal Pradesh

4

3

Jammu & Kashmir

6

4

Karnataka

28

12

Kerala

20

9

Madhya Pradesh

29

11

Chhattisgarh

11

5

Maharashtra

48

19

Manipur

2

1

Meghalaya

2

1

Mizoram

1

1

Nagaland

1

1

Odisha

21

10

Punjab

13

7

Rajasthan

25

10

Sikkim

1

1

Tamil Nadu

39

18

Tripura

2

1

Uttar Pradesh

80

31

Uttaranchal

5

3

West Bengal

42

16

Andaman & Nicobar

1

-

Chandigarh

1

-

Dadra & Nagar Haveli

1

-

Daman & Diu

1

-

Delhi

7

3

Lakshadweep

1

-

Puducherry

1

1

TABLE OF PRECEDENCE (GOVERNMENT OF INDIA)

1. President of India
2. Vice President of India
3. Prime Minister of India
4. Governors of States within their respective states
5. Former Presidents

5a. Deputy Prime Minister

6. Chief Justice of India, Speaker of Lok Sabha
7. Cabinet Ministers of the Union; Chief Ministers of States within their respective states; Dy. Chairman-Planning Commission; Former Prime Ministers; Leaders Opposition in Rajya Sabha and Lok Sabha.

7a. Holders of Bharat Ratna decoration.

8. Ambassadors extraordinary and plenipotentiary and High Commissioners of Commonwealth Countries accredited to India. Chief Ministers of States outside their respective states; Governors of states outside their respective states.
9. Judges of the Supreme Court.

9a. Chief Election Commissioner, Comptroller and Auditor-General

10. Dy. Chairman Rajya Sabha; Dy. Chief Ministers of states; Dy. Speaker Lok Sabha; Members Planning Commission; Ministers of State of the Union and any other minister in the Ministry of Defence for Defence matters.

11. Attorney-General of India; Cabinet Secretary; Lt. Governors within their respective Union Territories.

12. Chiefs of Staff holding the rank of full General or equivalent rank.

13. Envoys extraordinary and ministers plenipotential accredited to India.

14. Chairman and Speaker of state legislatures within their respective states; Chief Justice of High Courts within their       respective jurisdiction.

15. Cabinet Ministers in states within their respective states; CMs of UTs within their respective UTs; Deputy Ministers of the Union.

16. Officiating Chiefs of Staff holding the rank of Lt. General or equivalent rank.

17. Chairman – CAT; Chairman – Minorities Commission; Chairman – SC and ST Commission; Chairman – UPSC; Chief Justice of High Courts outside their respective jurisdictions; Puisne outside their respective jurisdictions; Puisne judges of High Courts within their respective jurisdictions.

18. Cabinet ministers in states outside their respective states; Chairman and Speakers of state legislatures outside their respective states; Chairman – MRTP Commission; Dy. Chairman and Dy. Speakers of State Legislatures within their respective states; Ministers of UTs within their respective UTs; Speakers of legislative assemblies in UTs within their respective UTs.

19. Chief Commissioners of UTs not having councils of ministers – within their respective UTs; Dy. Ministers in states within their respective state; Dy. Speakers of legislative assemblies in UT’s within their respective UTs.

20. Dy. Chairmen and Dy. Speakers of State Legislatures outside their respective states; Ministers of States outside their respective states; Puisne judges of High Courts outside their respective jurisdictions.

21. MPs (Members of Parliament).

22. Dy. Ministers in states outside their respective states.

23. Army Commanders / Vice Chief of the Army Staff or equivalent in other services; Chief Secretaries to State Governments within their respective states; Commissioner for linguistic minorities; Commissioner for SC and ST; Members Minorities Commission; Members SC and ST Commission; Officers of the rank of full General or equivalent rank; Secretaries of Govt. of India (incl. Officers holding this office ex officio); Secretary, Minorities Commission; Secretary, SC and ST Commission; Secretary to President; Secretary to the PM; Secretary, RS, LS; Solicitor General; Vice Chairman; CAT.

24. Officers of the rank of Lt. General or equivalent rank.

25. Additional Secretaries to the Govt.; Additional Solicitor-Generals of states; Chairman, Tariff Commission; Charge de affairs and acting High Commissioners and interim CMs of UTs outside their respective UTs, Chief Secretaries of state governments outside their respective UTs; Chief Secretaries of state governments outside their respective UTs; Chief Secretaries of state government outside their respective states;  Deputy CAG; Deputy Speakers of legislative assemblies in UTs outside their respective UTs; Director, CBI; Director-General BSF; Director General CRPF; Director, IB;  Lt. Governors; Members, UPSC; Members, MRTP Commission; Members, UPSC; Ministers of UTs outside their respective UTs; Principal Staff Officers of the armed forces and officers of the rank; Speakers   of legislative assemblies in UTs and Chairman of Delhi Metropolitan Council, outside their respective UTs.

26. Jt. Secretaries of the Govt. of India and offices of equivalent rank; Officers of the rank of Major General or   equivalent rank.

STANDING COMMITTEES OF PARLIAMENT

(a) CONSTITUTION, COMPOSITION AND TERM

LOK SABHA

S.

No.

NAMEOF THE COMMITTEE

WHETHER ELECTED/ NOMINATED

NO. OF MEMBERS

TERM

1.

Business Advisory Committee

Nominated

15

Till reconstituted

2.

Committee on Private Members’ Bills and Resolutions

Nominated

15

One year

3.

Committee on Petitions

Nominated

15

Till reconstituted

4.

Committee on Estimates

Elected

30

One year

5.

Committee on Privileges

Nominated

15

Till reconstituted

6.

Committee of Subordinate Legislation

Nominated

15

One year

7.

Committee on Government Assurances

Nominated

15

One year

8.

Committee on Absence of Members from the Sittings of the House

Nominated

15

One year

9.

Rules Committee

Nominated

15

Till reconstituted

10.

General Purposes Committee Nominated

@

Till reconstituted

11.

House Committee

Nominated

15

One year

12.

Public Accounts Committee

Elected

22

(15- Lok Sabha)

(7-Rajya Sabha)*

One year

13.

Committee on Public Undertakings

Elected

22

(15-Lok Sabha)

(7-Rajya Sabha)*

14.

Library Committee

Nominated

9

(6-Lok Sabha)

(3-Rajya Sabha)*

One year

15.

Committee on the Welfare of Scheduled Castes and Scheduled Tribes

Elected

30

(20-Lok Sabha)

(10-Rajya Sabha)*

One year

16.

Committee on Papers Laid on the Table

Nominated

15

One year

@ Consisting of the Speaker, the Deputy Speaker, members of the Panel of Chairmen, Chairman of all Standing Committees of the Lok Sabha, leaders of recognized parties and groups and such other members as may be nominated by the Speaker.

* Members of the Rajya Sabha are also associated with these committees.

RAJYA SABHA

S.

No.

NAMEOF THE COMMITTEE

WHETHER ELECTED/ NOMINATED

NO. OF MEMBERS

TERM

1.

Business Advisory Committee

Nominated

11 (including Chairman and Deputy Chairman

Till reconstituted

2.

Committee on Petitions

Nominated

10

Till reconstituted

3.

Committee on Petitions

Nominated

10

Till reconstituted

4.

Committee on Rules

Nominated

16

Till reconstituted

5.

Committee on Subordinate Legislation

Nominated

15

Till reconstituted

6.

Committee on Government

Nominated

10

Till reconstituted

7.

House Committee

Nominated

7

Till reconstituted

8.

General Purpose Committee

Nominated

@@

*

9.

Committee on Papers Laid on the Table

Nominated

10

Till reconstituted

10.

Committee on MPLAD Scheme

Nominated

10

Tenure of the Members in (RS)

11.

Ethics Committee

Nominated

10

Till reconstituted

12.

Committee on Provision of Computers to MPs (RS)

Nominated

7

Tenure of the Members in (RS)

@   Consisting of the Chairman, Deputy Chairman, Panel of Vice Chairmen, Chairman of all Standing            Committees of Rajya Sabha, Leaders of recognized parties and groups and such other members as may be nominated by the Chairman.

*     Not provided in the rules is constituted every year.

JOINT COMMITTEES

S.

No.

NAMEOF THE COMMITTEE

WHETHER ELECTED/ NOMINATED

NO. OF MEMBERS

TERM

1.

Joint Committee on Salaries and Allowances of Members of Parliament

Nominated

15

(10-Lok Sabha)

(5-Rajya Sabha)

One year

2.

Joint Committee on Offices of Profit

Elected

15

(10-Lok Sabha)

(5-Rajya Sabha)

Co-terminus with the life of Lok Sabha

3.

Committee on Empowerment of Women

Nominated

30

(20-Lok Sabha)

(10RajyaSabha)

One year

4.

Joint Parliamentary Committee on the functioning of Wakf Boards

Nominated

30

(20-Lok Sabha)

(10-Rajya Sabha)

No fixed tenure

5.

Joint Committee on Security in Parliament House complex

Nominated

10

(7-Lok Sabha)

(3-Rajya Sabha)

No fixed tenure

MINISTRIES/DEPARTMENTS UNDER JURISDICTION OF THE STANDING COMMITTEES

S. No.

Name of the Committee

Ministries / Departments

PART-I

1.

Committee on Commerce

Commerce & Industry

2.

Committee on Home Affairs

(i) Home Affairs

(ii) Development of North Eastern Region

3.

Committee on Human Resource Development

(i) Human Resource Development Youth Affairs and Sports

4.

Committee on Industry Enterprises

(i) Heavy Industries and Public

(ii) Small Scale Industries

(iii) Agro and Rural Industries

5.

Committee on Science and Technology

(i) Science and Technology Environment and Forests

(ii) Space

(iii) Ocean Development

(iv) Atomic Energy

(v) Environment and Forests

6.

Committee on Transport, Tourism and Culture

(i) Civil Aviation

(ii) Road Transport and Highways

(iii) Shipping

(iv) Tourism

(v) Culture

7.

Committee on Health and Family Welfare

Health and Family Welfare

8.

Committee on Personal, Public Grievances, Law and Justice

(i) Law and Justice

(ii) Personnel, Public Grievances and Pensions

PART-II

9.

Committee on Agriculture

(i) Agriculture

(ii) Food Processing Industries

10.

Committee on Information Technology

(i) Communications and Information Technology

(ii) Information and Broadcasting

11.

Committee on Defence

Defence

12.

Committee on Energy

(i) Non-Conventional Energy Sources

(ii) Power

13.

Committee on External Affairs

(i) Finance

(ii) Company Affairs

(iii) Non-Resident Indians Affairs

14.

Committee on Finance

(i) Finance

(ii) Company Affairs

(iii) Planning

(iv) Statistics and Programme Implementation

15.

Committee on Food, Consumer Affairs

Consumer Affairs, Food and Public Distribution

16.

Committee on Labour

(i) Labour and Employment

(ii) Textiles

17.

Committee on Petroleum and Natural Gas

Petroleum and Natural Gas

18.

Committee on Railways

Railways

19.

Committee on  Urban Development

(i) Urban Development

(ii) Urban Development and Poverty Alleviation

20.

Committee on Water Resources

Water Resources

21.

Committee on Chemicals and Fertilizers

Chemicals and Fertilizers

22.

Committee on Rural Development

(i) Rural Development

(ii) Panchayati Raj

23.

Committee on Coal and Steel

(i) Coal and Mines

(ii) Steel

24.

Committee on Social Justice and Empowerment

(i) Social Justice and Empowerment

(ii) Tribal Affairs

PARLIAMENTARY COMMITTEES

  • Broadly, Parliamentary Committees are of two kinds – Standing Committees and adhoc Committees. First is of permanent nature while second is for temporary period.
  • In keeping with their important role, the Leaders of Opposition in the Rajya Sabha and the Lok Sabha are accorded statutory recognition.
  • In order to develop democratic ethos in the younger generation the Ministry conducts Youth Parliament Competition in various categories of schools and colleges / universities. The Youth Parliament Scheme was first introduced in the Schools in Delhi in 1966-67.
  • The Ministry of Parliamentary Affairs, Government of India has been organizing All India Whips’ Conference from time to time, with the purpose of establishing suitable links among the whips of various political parties at the Centre and the States. Fourteen All India Whips’ Conferences have been organized so far since 1952. The  Fourteenth All India Whips Conference was held on 4-5 February, 2008 in Mumbai.
  • The Cabinet Secretariat functions directly under the Prime Minister. The administrative head of the Secretariat is the Cabinet Secretary who is also the ex-officio Chairman of the Civil Services Board. The Cabinet Secretariat ensures that the President, the Vice-President and Ministers are kept informed of the major activities of all Ministries.
  • Indian Administrative Service (IAS) and Indian Police Service (IPS) were two all India services originally, later on Indian Forest Service (IFS) is also created in all India services.
  • The constitution provides for an independent body known as UPSC for recruitment of Class ‘A’ and ‘B’ group posts.
  • Staff Selection Commission (SSC) initially known as Subordinate Service Commission was set up on 1 July,1976. It has been entrusted with the work of making recruitment to (i) all non-gazetted Group ‘B’ posts in the   various Ministries / Department of the Government and their Attached and Subordinate Offices.
  • Art. 343(1) of the constitution provides Hindi to be official language of the union. While Art. 343(2) says English to be continued till 1965.
  • The Kendriya Hindi Samiti was constituted in the year 1967. It is chaired by the Prime Minister.
  • Comptroller and Auditor-General is appointed by the President. Procedure and grounds for his removal from office are the same as for a Supreme Court Judge. He is not eligible for further office under the Union or a State Government after he ceases to hold his office (Article 148-151).
  • Inter-State Council Secretariat was established in 1991 to service the Inter-State Council. Hon’ble Prime Minister is the Chairman of the Council.
  • Department of Administrative Reforms and Public Grievances is the nodal agency of the Government for Administrative Reforms as well as redressal of public grievances relating to the States in general and grievances pertaining to Central Government agencies in particular.
  • The Sevottam model was studied by the Second Administrative Reforms Commission and was of the view that this model is a step in the right direction.
  • Administrative Tribunals Act owes its origin to Article 323-A of the Constitution which empowers Central Government to set-up by an Act of Parliament.
  • The CAT was set-up on 1 November, 1985. Today, it has 17 regular benches, 15 of which operate at the principal sets of High Courts and the remaining two at Jaipur and Lucknow.
  • The system of government in States closely resembles that of the Union. The Governor of a State is appointed by the President for a term of five years and holds office during his pleasure. Only Indian citizens above 35 years of age are eligible for appointment to this office.
  • In respect of Nagaland, Governor has special responsibility under Article 371A of the Constitution. Similarly, in respect of Arunachal Pradesh, Governor has special responsibility under Article 371H. Likewise, in the Sixth   Schedule which applies to tribal areas of Assam, Meghalaya, Tripura and Mizoram governor has special responsibility.
  • The Chief Minister is appointed by the Governor who also appoints other ministers on the advice of the Chief Minister. The Council of Ministers is collectively responsible to legislative assembly of the State.
  • For every state, there is a legislature which consists of Governor and one House or two Houses as the case may be. In Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Andhra Pradesh and Uttar Pradesh, there are two Houses known as legislative council and legislative assembly.
  • Legislative Council (Vidhan Parishad) of a state comprises not more than one-third of total number of members in legislative assembly of the state and in no case less than 40 members.
  • Legislative Assembly (Vidhan Sabha) of a state consists of not more than 500 and not less than 60 members (Legislative Assembly of Sikkim has 32 members).
  • Union Territories are administrated by the President acting to such extent, as he thinks fit, through an Administrator appointed by him. The National Capital Territory of Delhi and Union Territory of Pondicherry each has a legislative assembly and council of ministers.
  • Municipal bodies have a long history in India. The first such Municipal Corporation was set-up in the former Presidency Town of Madras in 1688; and was followed by similar corporations in then Bombay and Calcutta in 1726. However, in modern time Parliament enacted the Constitution (74th Amendment) Act, 1992 (known as Nagar Palika Act) relating to municipalities in 1992. A new part IX-A was also incorporated.
  • Article 40 says the State shall take steps to organize village panchayats. For this purpose 73rd amendment was incorporated which added Part IX. Now P.M. had told for 50% reservation of seats for women in panchayats. Bihar being the 1st State to do so.
  • The superintendence, direction and control of preparation of electoral rolls for and the conduct of elections to Parliament and State Legislatures and elections to the offices of the President and the Vice-President of India are vested in the Election Commission of India. It is an independent constitutional authority. Since its inception in 1950 and till October 1989, the Commission functioned as a single member body consisting of the Chief Election Commissioner. On 16 October, 1989, the President appointed two more Election Commissioners on the eve of the General Election to the House of the People held in November-December 1989. However, the said two Commissioners ceased to hold office on 1 January,1990 when those two posts of Election Commissioners were abolished. Again on 1 October, 1993, the President appointed two more Election Commissioners. Since then till date the number is maintained. No commissioner is subordinate to other. The term of office of the Chief Election Commissioner and other Election Commissioners is six years from the date he/she assumes office or till the date he/she attains the age of 65 years, whichever is earlier.
  • The Right to Information Act, 2005 has been enacted with a view to empower the citizens to promote transparency and accountability in the working of the government, contain corruption, and make democracy work for people in real sense.
Last Updated on Monday, 30 April 2012 03:32