INDIAN POLITY STUDY MATERIAL

 

The Republic of India is governed in terms of the Constitution, which was adopted by Constituent Assembly on 26 November 1949 and came-into force on 26 January 1950.

• The President of India is constitutional head of executive of the Union.
• Article 74(1) of the Constitution provides that there shall —a Council of Minister with the Prime Minister as head to aid and advise President who shall in exercise of his functions act in accordance with such advice.
• Real executive power thus vests in Council of Ministers with Prime Minister as head.
• Council of Ministers is collectively responsible to the House of the People (Lok Sabha).
• Similarly, in states, Governor is head of executive, but it is the Council of Ministers with Chief Minister as head in whom real executive power vests.
• Council of Ministers of a state is collectively responsible to the Legislative Assembly.
• The Constitution distributes legislative power between Parliament and state-legislatures and provides for vesting of residual powers in Parliament.

Citizenship

• The Constitution of India provides for a single citizenship for the whole of India.
• Acquisition of Citizenship: The Citizenship Act, 1955 prescribes five ways of acquiring citizenship.

1. By Birth: If he is born in India on or after 26 January, 1950 but before 30 June, 1987; or if he is born in India on or after 1 July 1987 but at the time of his birth either of his parents was a citizen of India.
2. By Descent: A person born outside India on or after 26 January, 1950, is a citizen of India by descent if at the time of his birth either of his parents was an Indian Citizen. But before person born outside India was entitled to Indian Citizenship only if his father (and not his mother) was an Indian Citizen.
3. By Registration
4. By Naturalisation: A foreigner can become an Indian citizen by naturalisation.
5. By Incorporation of Territory

Loss of Citizenship

• By Renunciation: An Indian citizens who is also a citizen or national of another country, can renounce his Indian. Citizenship.
• By Termination: When an Indian Citizen voluntarily acquires the citizenship of another country, his Indian citizenship automatically terminates.
• By Deprivation: It is a compulsory termination of Indian citizenship by the Central Government.

FUNDAMENTAL RIGHTS

• These are guaranteed in the Constitution in the form of six broad categories of Fundamental Right which are justiciable.
• Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.

Fundamental Rights

Category	Provisions
1. Right to equality (Articles 14-18)	(a) Equality before law and equal protection of laws (Article 14). (b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). (c) Equality of opportunity in matters of public employment (Article 16). (d) Abolition of untouchability (Article 17). (e) Abolition of titles except military and academic (Article 18).
2. Right to freedom (Article 19-22)	(a) Protection of six rights in respect of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (Article 19). (b) Protection in respect of conviction for offences (Article 20). (c) Protection of life and personal liberty Article 21). (d) Right to elementary education (Article 2 IA). (e) Protection against arrest and detention in certain cases (Article 22).
3. Right against exploitation	(a) Prohibition of traffic in human beings and forced labour (Article 23-24) (Article 23). (b) Prohibition of employment of children in factories, etc. (Article 24)
4. Right to freedom of religion	(a) (Article 25-28) Freedom of conscience and free profession, practice and propagation of religion (Article 25) (b) Freedom to manage religious affairs (Article 26) (c) Freedom from payment of taxes for promotion of any religion (Article 27) (d) Freedom from attending religious instruction or worship in certain educational institutions (Article 28).
5. Cultural and educational rights (Articles 29-30)	(a) Protection of language, script and culture of minorities (Article 29). (b) Right ofminorities to establish and administer educational institutions (Article 30).
6. Right to constitutional remedies (Article 32)	Right to move the Supreme Court for the enforcement of fundamental rights including the writs of (i) habeas corpus (ii) mandamus, (iii) prohibition, (iv) certiorari, and (v) quo warrento (Article 32)

Fundamental Duties

• By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.
• Article 51 ‘A’ contained in Part IV A of the Constitution deals with Fundamental Duties.
• According toArticle.51A, it shall be the duty of every citizen of India.

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
(k) to provide opportunities for education to his child or ward between the age of six and fourteen years (This duty was added by the 86th Constitutional Amendment Act 2002)

Directive Principles of State Policy

• 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.

Gandhian Principles

• Article 40: State shall organize village panchayat as unit of self-government.
• Article 43: State shall try to promote cottage industries.
• Article 46: State shall promote with special care the educational and economic interests at the weaker sections of the peoples: SC and ST.
• Article 47 State shall try to secure the improvement of public -health and the prohibition of intoxicating drinks and drugs.
• Article 48: State shall preserve and improve the breeds and prohibit the slaughter of cows, calves and other cows and drought cattle.

Directives Inspired by Western Liberal Ideas

• Article 44 : to secure a uniform civil code throughout the territory of India.
• Article 45: Free compulsory and primary education for the children upto 14 years.
• Article 49 : to-protect and maintain places of - historic or a rustic interests.
• Article 50 : to work towards separating the judiciary from the executive.
• Article 51: to. promote international peace and amity,maintain honourable relations between nations, foster respect for international law and treaty obligation.

Directives Inspired by Socialistic Ideas

• Article 38: To promote the welfare of the people and to secure a just social order.
• Article 39: (1) To secure adequate livelihood for all citizens; (2) distribution of ownership and control of material resources of the community to serve common good; (3) an economic system which does not lead to concentration of wealth; (4) equal pay for equal work for both men and women; (5) health and strength of worker; (6) opportunity and facilities for children to develop in a healthy manner and be protected fromexploitation.
• Article 39A: Equal Justice and free legal aid.
• Article 41: To make effective provision for securing the right to work, right to education, right to public assistance in case of unemployment, old age sickness and disability
• Article 42: Asks for provision for just and human condition of work, and for maternity relief.
• Article 43: Living wage, etc., for workers.
• Article 43A: Participation of workers in management of industries.
• Article 45: Free and compulsory education for children upto 14 years.

Ideals of Social Security

• Right to work, to education and public assistance in certain cases (article 41). Recently the Supreme Court declared, in Mohini Jam’s Case that the right to education be equated with a fundamental right and it should be read with Article 22.This is because the right to life means a dignified life, which has nomeaning without education.
• Free and compulsory education for children upto 14 years. (Article 45)
• Promotion of educational and economic interests of the weaker sections. (Article 46)
• Raising the standard of living and improvement of health. (Article 47)
• Equal justice and free legal aid. (Article 39 A).
• Just and human conditions of work. (Article 42)

The Union Executive

• The Union executive consists of the President, the Vice-President, Attorney General and the Council of Ministers with the Prime Minister as the -head to aid and advise the President.

President

• The President is elected by members of 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. The 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.
• His removal from office is to be in accordance with procedure prescribed in Article 61 of the Constitution.
• He may, by writing under his hand addressed to the Vice-President, resign his office.
• Executive power of the Union is vested in the President and is-exercised by him either.

Articles Related to President

Article No.	Subject-matter
Article 52	The President of India
Article 53	Executive Power of the Union
Article 54	Election of President
Article 55	Manner of election of President -
Article 56	Term of office of President
Article 57	Eligibility for re-election
Article 58	Qualifications for election as President
Article 59	Conditions of President's office
Article 60	Oath or affirmation by the President
Article 61	Procedure for impeachment of the President
Article 62	Time of holding election to fill vacancy in the office of President
Article 65	Vice-President to act as President or to discharge his functions
Article 71	Matters relating to the election of President
Article 72	Power of President to grant pardons etc. and to suspend, remit or commute sentences in certain cases.
Article 74	Council of Ministers to aid and advise the President.
Article 75	Other provisions as to ministers like appointment, term, salaries, etc.
Article 76	Attorney-General of India
Article 77	Conduct of business of the Government of India
Article 78	Duties of Prime Minister in respect to furnishing of information to the president, etc.
Article 85	Sessions of Parliament, propogation and discussion
Article 111	Assent to bills passed by the Parliament
Article 112	Union budget (annual financial statement)
Article 123	Power of President to promulgate ordinances
Article 143	Power of President to consult Supreme Court. directly or through officers subordinate to him in accordance with the Constitution. Supreme command of defence forces of the Union also vests in him.

Vice-President

• The Vice-President is-e1ected by members of an electoral college consisting of members of both House 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 year of age and eligible for election as a member of the Rajya Sabha.
• His term of office is five years and he is eligible re-e1ection.
• His removal from. office is to be in accordance with procedure prescribed in Article 67 b.
• 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 (to be held within six months when a vacancy is caused by death, resignation removal or otherwise of President).

Council of Ministers

• There is a Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions.
• The Prime Minister is appointed by the President who also appoints otherministers on the advice of Prime Minister.
• The Council is collectively responsible to the Lok Sabha.
• It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers relating to administration of affairs of the Union and proposals for legislation and information relating to them.
• The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State (independent charge), Ministers of State and Deputy Ministers.

Legislature

• Legislature of the Union which is called Parliament , consists of President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha).
• Each’ House has to meet within six months of its previous sitting.

Rajya Sabha

• The Constitution provides that the Rajya Sabha shall consist of-I2memberstofr,naminated by the President fromamongst person shaving special knowledge or practical experience in respect of such matters as literature, science, art and social service; and not more than 238 representatives of the States and of the Union Territories.
• Elections to the Rajya Sabha are indirect; members representing States are elected by elected members of Legislative assemblies of the States, in accordance with the system of proportional representation by means of the single transferable vote, and those representing Union Territories are chosen in such manner as Parliament may by law prescribe.
• The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year. Rajya Sabha, at present has 244 seats.
• Of these 233 members represent the States and the Union Territories and 11 members are nominated by the President and one seat under nomination category is vacant.

Comparison between Council of Ministers and Cabinet

Council of Ministers	Cabinet
1. It is a wider body consisting of 60 to 70 ministers	It is a smaller body consisting of 15 to 20 ministers.
2. It includes all the three categories of Ministers, that is, cabinet Ministers, Ministers-of state, and-deputy Ministers	2. It includes the cabinet ministers only.
3. It does not meet, as a body, to transact government business It has no collective functions	3. It as a body, frequently and usually in a to deliberate and take decisions regarding the transaction of government business. Thus, it has collective functions.
4. It is vested with all powers but in theory	4. It exercises, in practice, the powers of the council of ministers and acts for the latter.
5. It is a constitutional body, dealt in detail by the Articles 74 and 75 of the Constitution	5. It was inserted in 352 of the Constitution in 1978 by the 44th Constitution a Amendment Act
6. It is collectively responsible to the Lower House of the Parliament	6. It enforces the responsibility of the council of ministers to the Lower House of Parliament.

Lok Sabha

• 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., 20members to represent the Union Territories and not more than twomembers of the Anglo-Indian community to be nominated by the President, if, in his opinion, that community is not adequately represented in the House).
• The Lok Sabha at present consists of 545 members.
• Of these, 530 members are directly elected from the States and 13 from Union Territories while two are nominated by the President to represent the Anglo-Indian community.
• Following the Constitution 84th Amendment Act, 2001 the total number allocated to various States in the Lok Sabha on the basis of the 1971 census shall remain unaltered to be taken after the year 2026.
• The term of the Lok Sabha, unless dissolved earlier is five years from the date appointed for its first meeting.
• However, while a Proclamation of Emergency is in operation, this periodmay be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case, beyond a period ofsix months after Proclamation has ceased to operate.
• Fifteen Lok Sabhas have been constituted so far.

Comparison of Position of Rajya Sabha with respect to Lok Sabha

Rajya Sabha has equal status with Lok Sabha in following matters:

1. Introduction and passage of’ ordinary bills.
2. Introduction and passage of Constitutional amendment
3. Introduction and passage of financial bills involving expenditure fromthe Consolidated Fund of India-
4. Election and impeachment of the president.
5. Election and removal of the vice-president.
6. Making recommendation to the President for the removal of Chief Justice and Judges of Supreme Court and High Courts, Chief Election Commissioner and comptroller and auditor general.
7. Approval of ordinances issued by the President.’
8. Approval of proclamation of all three types of emergencies by the President.
9. Selection ofministers including the Prime Minister. Under the Constitution, the ministers including the Prime Minister can be members of either House.
10. Consideration of the reports of the constitutional bodies like Finance Commission, Union Public Service Commission, Comptroller and Auditor, etc.
11. Enlargement of the judiciary of the Supreme Court and the Union Public Service Commission.

Rajya Sabha has unequal status with Lok Sabha in following matters:

1. A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha.
2. Rajya Sabha cannot amend or reject aMoney Bill. It should return the bill to the Lok Sabha within 14 days, either with recommendations or without recommendations.
3. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. In both the cases, the money bill is deemed to have been passed by the two Houses.
4. A financial bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha and not in the Rajya Sabha.
5. The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker of the Lok Sabha.
6. The Speaker of Lok Sabha presides over the joint sitting of both the Houses.
7. The Lok Sabha with greater number wins the battle in a joint sitting except when the combined strength of the ruling party in both the Houses is less than that of the opposition parties.
8. Rajya Sabha can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the Lok Sabha).
9. A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabha and not by the Rajya Sabha.
10. The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion.

Special Powers of Rajya Sabha

• It can authorise the Parliament to make a law on a subject enumeraçi1tbeSt8te List (Article 249).
• It can authorise the Parliament to create new—All-India Services common to both the—Centre and States (Article 312).

Membership of Parliament

Qualifications

• He must be a citizen of India.
• He must make and subscribe before the person authorized by the election commission an oath or affirmation according to the form prescribed in the Third Schedule.
• He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.
• He must possess other qualifications prescribed by Parliament.
• He must be registered as an elector for a parliamentary constituency in the concerned state or union territory in the case of the Rajya Sabha.
• He must be registered as an elector for some parliamentary constituency in India in the Case of the Lok Sabha.
• He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he  wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.

Disqualifications

• If-he holds any office of profit under the Union or State government.
• If he is of unsound mind and stands so declare by a court.
• If he is an undischarged insolvent.
• If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement or allegiance to a foreign state;
• If he is so disqualified under any law made by Parliament.
  Parliament laid down the following additional disqualifications in the Representation of People Act (1951).
• He must not have been found guilty of certain election offences or corrupt practices in the elections.
• He must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification.
• He must not have failed to lodge an account of his election expenses within the time.
• He must have any interest- in government contracts, works or services.
• He must not be a director or managing—agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
• He must not have been dismissed fromgovernment services for Corruption or disloyalty to the State.
• He must not have been convicted for promoting enmity between- different groups or for the. offence of bribery.

Parliamentary Committees

• Their appointment, terms of office, functions and procedure of conducting business are also more or less similar and are regulated as per rules made by the two Houses under Article 118(1) of the Constitution.
• Broadly, Parliamentary Committees are of two kinds—Standing Committees and ad hoc Committees.
• The former are elected or appointed every year or periodically and their work goes on, more or less, on a continuous basis.
• The latter are appointed on an ad hoc basis as need arises and they cease to exist as soon as they complete the task assigned to them.
• Among the Standing Committees the three Financial Committees— Committees on Estimates, Public Accounts Committee and Public Undertakings constitute a distinct group as they keep an unremitting vigil over Government expenditure and performance.
• While members of the Rajya Sabha are associated with Committees on Public Accounts and Public Undertakings, the members of the Committee on Estimates are drawn entirely from the Lok Sabha.
• Estimates Committee: The Estimates Committee reports on ‘what economies, improvements in Organisation, efficiency or administrative reform consistent with policy underlying the estimates’ may be effected.
• The origin of this committee can be traced to the Standing Financial Committee setup in 1921. First Estimates Committee in the post-independence era was constituted in 1950 on the recommendation of John Mathai, the then Finance Minister.
• It also examines whether the money iswell laid out within limits of the policy implied in the estimates and suggests the form in which estimates shall be presented to Parliament.
• Public Accounts Committee: The Public Accounts Committee scrutinises appropriation and finance accounts of Government and reports of the Comptroller and Auditor-General.
• It ensures that public money is spent in accordance with Parliament’s decision and calls attention to cases of waste, extravagance, loss or nugatory expenditure.
• The committee was first setup in 1921, at present it consists of 22 members (l5fromLokSabha and 7 from Rajya Sabha). The Members are elected by the parliament every year by proportional representation by means of single transferable vote. The term of the office of members is one year.
• A minister cannot be elected as amember of committee. The chairman of the committee is appointed by the Speaker.
• Committee on Public Undertakings: The Committee on Public Undertakings examines reports of the Comptroller and Auditor-General, if any. It also examines whether public undertakings are being run efficiently and managed in accordance with sound business principles and-prudent commercial practices.
• The Committee was created in 1964 on the recommendation of the Krishna Menon Committee. Originally it had 15members (l0 from the Lok Sabha and 5 from the Rajya Sabha).
• Besides these three Financial Committees the Rules Committee of the Lok Sabha recommended setting-up of 17 Department Related Standing Committees (DRSCs).
• Accordingly, 17 department Related Standing Committees were set upon 8 April 1993.
• In July 2004, rules were amended to provide for the constitution of seven more such committees, thus raising the number of DRSCs from 17 to 24.

Standing Committees of Parliament and their functions.

• Committee to Inquire:

(a) Committee on Petitions examines petitions on bills and on matters of general public interest and also entertains representations on matters concerning subjects in the Union List; and
(b) Committee of Privileges examines any question of privilege referred to it by the House or Speaker! Chairman;

• Committees to Scrutinise:

(a) Committee on Government Assurances keeps track of all the assurances, promises, undertakings, etc.
(b) Committee on Subordinate Legislation scrutinises and reports to the House whether the power to make regulations, rules, sub-rules, bye-laws, etc.
(c) Committee on Papers Laid on the Table examines all papers laid on the table of the House by Ministers, other than statutory notifications and orders which come within the purview of the Committee on Subordinate Legislation, to see whether there has been compliance with the provisions ôf1te Constitution, Act, rule or regulation under which the paper has been laid;

• Committees relating to the day-to-day business of the House:

(a) Business Advisory Committee recommends allocation of time for items of Government and other business to be brought before the Houses;
(b) Committee on Private Members Bills and Resolutions of the Lok Sabha.
(c) Rules Committee considers matters of procedure and conduct of business in the House and recommends amendments or additions to the Rules;
(d) Committee on Absence of Members

• Committee on the Welfare of Scheduled Castes and Scheduled Tribes
• Committees concerned with the provision facilities to members

(a) General Purposes Committee considers and advises Speaker! Chairman on matters concerning affairs of the House, which do not appropriately fall within the purview of any other Parliamentary Committee.
(b) House Committee deals with residential accommodation and other amenities for members;

• Joint Committee on Salaries and Allowances of Members of Parliament
• Joint Committee on Offices of Profit
• The Library Committee
• Committee on Empowerment ofWomen with members from both the Houses was constituted with a view to securing, among other things, status, dignity and equality for women in all fields;
• Ethics Committee: On 4 March 1997, the Ethics Committee-of the Rajya Sabha was constituted. The Ethic Committee of the Lok Sbha was constituted on 16 May 2000.

Leaders of Opposition in Parliament

• In keeping with their important role, the Leaders of Opposition in the Rajya Sabha and the Lok Sbha are accorded statutory recognition. Salary and other suitable facilities are extended to themthrough a separate legislation brought into force on 1 November1977.

Youth Parliament Competition

• In order to develop democratic ethos in the younger generation the Ministry of Parliamentary Affairs conducts youth parliament Competition in various categories of schools and colleges! universities
• The youth par1iament Scheme was first introduced in the School in Delhi in 1966-67.
• Kendriya Vidyalayas located in and around Delhi were incorporated into the ongoing Scheme for Delhi Schools in 1978.
• Subsequently, as separate scheme of youth parliament for Kendriya Vidyalayas at the National Level was launched in 1988.

Matters Under Rule 377 And Special Mentions

• The Ministry of Parliamentary Affairs takes follow-up action on matters raised under Rule 377 of the Rules of Procedure and-Conduct of Business in Lok-Sabha and by way of Special Mentions in Rajya Sabha.
• Also after ‘Question Hour’ in both the Houses of Parliament,Members raise matters of urgent public importance.

Administrative Set—Up

• The Government of India (Allocation of Business) Rules, 1961 are made by the President of India under Article 77 of the Constitution for the allocation of business of the Government of India.
• The Ministries/Departments of the Government are created by the President on the advice of the Prime Minister under these Rules.

Cabinet Secretariat

• The Cabinet Secretariat is under the direct charge of 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.
• In the Government of India (Allocation of Business Rules) 1961 ‘Cabinet Secretariat’ finds a place

National Authority, Chemical Weapons Convention

• National Authority, Chemical Weapons Convention (CWC) was set u b a resolution of Cabinet Secretariat dated 5, May 1997 to fulfill the obligations enunciated in the Chemical Weapons Convention initially signed by 130 countries in a in a conference which concluded on 14 January 1993 for the purpose prohibiting of the development, production, execution, transfer, use and stockpiling of all chemical weapons by Member-States is a non-discriminatory process.

All India Services

• Prior to Independence, the Indian Civil Service (UCS) was the senior most amongst the Services of the Crown in India. Besides the ICS, there was also the Indian Police Service.
• A provision was made in Article 312 of the Constitution for creation of one ormore All India Services common to the Union and State.
• After the promulgation of the Constitution, a new All India Service, namely, the Indian Forest Service, was created in 1966.
• A common unique feature of the All India Services is that the members of these services are recruited by the Centre but their services are placed under various State cadres and they have the liability to serve both under the State and under the Centre.
• Of the three All India Services, namely, the Indian Administrative Service (IAS), the Indian Police Service (IPS) and the Indian Forest Service (IFS), the Ministry of Personnel, Public Grievances and Pension is he cadre controlling authority for the IAS and Minister of authority for the IPS andMinistry of Environment & Forest for IFS.
• The recruitment to all the three services is made by the UPSC. Administrative Reforms And Public Grievances
• Department of Administrative Reforms and Public Grievances (DARPG) 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 Department disseminates information on important activities of the Government relating to administrative reforms, best practices and public grievance redressal through publications and documentation. The Department also undertakes activities in the field of international exchange and cooperation to promote public service reforms.

Constitutional Provisions regarding the recruitment and service conditions of All India and Central Services.

• The Constitution of India makes the following provisions with regards to recruitment and service conditions of All-India and Central Services:
• Article 309 empowers the Parliament to regulate the recruitment and service conditions of persons appointed to Central Services and posts.
• Article 310 provides that the members of All India Services and Central Services, and posts hold office during the pleasure of the President.
• Article 311 provides that no member of-All India Services and Central Services and posts shall be dismissed or removed by an authority subordinate to that by which he was appointed. It further lays down that no such member shall be dismissed or removed or reduced to rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
• Article 312 authorises the Parliament to create new All-India Services (including an All-India Judicial Service) and regulate the recruitment and service conditions of persons appointed to these services. However they can be created by the Parliament only after the Rajya Sabha passes a resolution supported by two-thirds majority saying that interest to do so.

ARTICLES RELATED TO UPSC

Article No.	Subject-Matter
Article 315	Public Service Commissions for the Union and for the States.
Article 346	Appointment and termof office of members.
Article 317	Removal and suspension of a member of a Public Service Commission
Article 318	Power to make regulations as to conditions of service of members and staff of the Commission.
Article 319	Prohibition as to the holding of office by members of commission on ceasing to be such members.
Article 320	Functions of Public Service Commission
Article 321	Power to extend functions of Public Service Commissions
Article 322	Expenses of Public Service Commissions
Article 323	Reports of Public Service Commissions

Administrative Reforms

(i) Annual Conference of the Chief Secretaries of State governments / UTs - To institutionalize the process of interaction with State governments /UT administrations on issues that relate to individual States / UTs as well as issues of common concern, the first conference was organized on February 1- 2, 2010. In the conference issues of science and technology and global issues impacting the government were also discusses.
(ii) The Civil Services Day - To rededicate and recommit ourselves to the cause of the people, has been declared as Civil Services Day and is being celebrated every year since 2006. The Fifth Civil Services Day was organized by the Department on April 21, 2010 at Vigyan Bhavan.
(iii)Conference of Secretaries of Administrative Reforms in State/UTs is held annually to share the experiences in the area of government reforms.
(iv) Regional Conferences on Administrative Reforms are held every year to disseminate and share best practices.
(v) Administrative Reforms Commission

Central Secretariat Services

• The Central Secretariat has three services, namely, Central Secretariat Service (CSS), Central Secretariat Stenographers’ Service (CSSS) and The Central Secretariat Clerical Service (CSCS).

Union Public Ser Vice Commission

• The Constitution provides for an independent body known as Union Public Service Commission (UPSC) for recruitment to Group ‘A’ and Group ‘B’ Gazetted posts under Central Government and for advice in various service matters.
• The Chairman and members of the Commission are appointed by the President for a tenure of six years or till they attain the age of 65 years, whichever is earlier.
• To ensure independence, members who were at the service of Government at the time of appointment are deemed to have retired from Government service on their appointment in the Commission.
• The Chairman and members are also not eligible for further employment under the Government.
  They cannot be removed except for the reasons and in the manner provided for in the Constitution.

Staff Selection Commission

• Staff Selection Commission SSC) initially known as Subordinate Service Commission was set upon I July 1978.
• It has been entrusted with the work of making recruitment to

(i) all non-gezetted Group 'B' posts in the various Ministries/Departments of the Government and their Attached and Subordinate Offices which are in the pay scales of Rs 6,500- 10,500 and
(ii) all non- echnical Group ‘C’ posts in the various Ministries/ Departments of the Government and-their attached and subordinate-offices, exempted excepts those which are specifically exempted from the purview of the Staff Selection Commission.

• The Commission is an attached office of the Department of Personnel and Training and comprises of a Chairman, two Members and Secretary-cum-Controller of Examinations.
• The tenure of Chairman/Members is for five years or till they attain the age of 62 years, whichever is earlier.

Official Language

• Article 343 (ii of the Constitution provides that Hindi in Devanagari script shall be the Official Language of the Union.
• Article 343(2) also provided for continuing the use of English in official work of the Union for a period of 15 years (i.e. up to 25 January 1965) from the date of commencement of the Constitution.
• Article 343(3) Empowered the Parliament to provide by law for continued use of English for official purpose even after 25 January 1965.
• Accordingly, section 3(2) of the Official 1963 (amended in 1967) provides for continuing the use of English in official work even after 25 January 1965.
• The Act also lays down that both Hindi and English shall compulsorily be used for certain specified purposes such as Resolutions, General Orders, Rules, Notifications, Administrative and other Reports, Press Communiques; Administrative and other Reports and Official Papers to be laid before a House or the Houses of Parliament; Contracts, Agreements, Licences, Permits, Tender Notices and Forms of Tender, etc.
• In 1976 Official Language Rules were framed under the provisions of section 3(4) of the Official languages Act, 1963.

Committees/Samitis

• A Committee of Parliament on Official Language was constituted in 1976 under section 4 of the Official Languages Act, 1963 to periodically review the progress in the use of Hindi as the Official Language of the Union and to submit a report to the President.
• The Kendriya Hindi Samiti was constituted in the year 1967. It is chaired by the Prime Minister
• It is the apex policy making body which lays down the guidelines for the propagation and progressive use of Hindi as Official Language of the Union.

Training

• The Kendriya Hindi Prashikshan Sansthan was established on 31 August 1985.
• The Central Translation Bureau was set up in March 1971 for translation having Headquarters in New Delhi.

Policy

• In compliance with the Official Language Resolution, 1968, an Annual Programme is prepared by the Department of Official Language in which targets are set for the offices of the Central Government with regard to originating correspondence, telegrams, telex, etc., in Hindi.
• A Quarterly Progress Report is called for from the offices of the Central Government regarding achievements vis-a-vis the said targets.
• An Annual Assessment Report is prepared on the basis of the Quarterly Progress Reports, which is laid on the Tables of both Houses of the Parliament and copies endorsed to State Government and the Ministries/Departments of the Central Government.

Comptroller and Auditor-General

• 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.
• The President on advice of Comptroller and Auditor-General prescribes the form in which accounts of the Union and states are to be kept.
• His reports on accounts of the Union and states are submitted to the President and respective governors which are placed before Parliament and state legislatures.

Administrative Reforms And Public Grievances

• Ministry of Personnel, Public Grievances, and Pensions is the nodal personnel and administrative reforms agency in the country. It is headed, politically by the Prime Minister and administratively, by the Personnel Secretary.
• In 1985,, a new full-fledged Ministry of Personnel, Public Grievances and Pensionswas created.With three separate departments i.e (a) Department of Personnel and Training; (b) Department of Administrative Reforms and Public Grievances; (c) Department of Pensions and Pensioner's Welfare.
• The Various agencies which work under the administrative control of the Ministry are:

• Union Public Service Commission (UPSC)
• Staff Selection Commission (SSC)
• Public Enterprises Selection Board (PESB)
• Central Vigilance Commission (CV-C)
• Central Bureau of-Investigation (CBI)
• Central Administrative Tribunal (CAT)
• National Academy of Administration (NAA)
• Indian Institute of Public Administration (IIPA)

• A Commission on Review of Administrative Laws was set up by the Department of Administrative Reforms and Public Grievances on 8 May 1998 with a view to identify proposals for amendment of the existing laws, regulations and procedures having inter-sectoral impact and also for repeal of all dysfunctional laws.
• The Department set up a Second Administrative Reforms Commission AR in 2005 under the Chairmanship of Shri Veerappa Moily to prepare a detailed blueprint for revamping the pubic administrative system.

Reports of Second Administrative ReformCommission

• Civil Service Reforms Second ARC in its 10th Report in Nov. 2008 on the subject “Refurbishing of Personal Administration has given various recommendation on Civil Services Reforms The recommendations include: (1) State of entry into Civil Services (2) Age of entry and number of attempts (3) Structure of Civil Services Examination (4) Othermodes of induction into Civil Services (5) Allotmen of cadres to All India Services.

• First Report of ARC - ‘Right to Information: Master key to Good Governance
• 2nd report of ARC: - Unlocking Human Capital: Entitlements and Governance - a case study
• 3rd report ARC-crisis management
• 4th report ARC- Ethics in Governance
• 5th report of ARC-Public Order
• 6th report of ARC-Local Governance
• 7th Report - ‘Capacity Building for Conflict Resolution
• 8th Report - Combating Terrorism
• 9th Report - Social Capital-A shared Destiny
• 10th Report - Scaling New Heights
• 11th Report - Promoting e-Governance: The SMART Way Forward
• 12th Report - Citizen Centric Administration
• 13th Report- Organisational structure of Gout of India
• 14th Report - Strengthening financial management systems
• 15 Report - State arid district administration

Administrative Tribunals

• The enactment of Administrative Tribunal Act in 1985 opened a new chapter in the sphere of administering justice to the aggrieved government servants. 
• 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, Administrative Tribunals for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to the public service and posts in connection with the affairs of the Union and the States.
• As a result of the judgement dated 18 March1997 of the Supreme Court, the appeals against orders of an Administrative Tribunal shall lie before the Division Bench of the concerned High Court.
• The Administrative Tribunals exercise jurisdiction only in relation to the service matters of the litigants covered by the Act.
• The Act provides for establishment of Central Administrative Tribunal CAT) and the State Administrative Tribunals.
• The CAT was set-upon I November 1985.
• Today, it has 17-regular benches, 15 of-which operate at the principal seats of High Courts and the remaining two at Jaipur and Lucknow.

Inter-State Council

• In a federal polity, in view of large areas of common interest and Shared action between the constituent units, coordination of policies and their implementation is extremely important Article 263 of the Constitution envisages establishment of an institutional mechanism to facilitate coordination of policies and their implementation between the Union and the State Governments.
• In made by the Sarkaria Commission on Centre-State 4elations, the Inter-State. dated 28 May 1990.
• Inter-State Council is a recommendatory body and has been assigned the duties of investigating and discussing such subjects, in which some or all of the States or the Union and one or more of the States have a common interest, for better coordination of policy and action with respect to that subject. It also deliberates upon such other matters of general interests to the States as may be referred by the Chairman to the Council.
• Prime Minister is Chairman of the Council. Chief Ministers of all the States and Union Territories having Legislative Assemblies, Administrators of Union Territories not having Legislative Assemblies, Governors of States under President’s rule and six Ministers of Cabinet rank in the Union Council of Ministers, nominated by the Chairman of the Council, are members of the Council, Five Ministers of Cabinet rank nominated by the Chairman of the Council are permanent invites to the Council. The Inter-State Council has recently been reconstituted.

Governor

• State executive consists of Governor and Council of Ministers with Chief Minister as its head.
• 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. Executive power of the State is vested in Governor.
• Council of Ministers with Chief Minister as head, aids and advises Governor in exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion.
• In respect of Nagaland, Governor has special responsibility under Article 37TA of the Constitution with respect to law and order.
• Similarly, in respect of Arunachal Pradesh, Governor has special responsibility under Article 371 H of the Constitution with respect to law and order and in discharge of his functions in relation thereto.
• Likewise, in the Sixth Schedule which applies to tribal areas of Assam, Meghalaya. Tripura and ““- Mizoram as specified in para 20 of that Schedule, discretionary powers are given to Governor in matters relating to sharing of royalties between district council and stage government.
• Sixth Schedule vests additional discretionary powers in Governors of Mizoram Tripura in almost all Their functions (except approving regulations for levy of taxes and money lending by non-tribals by district councils) since December 1998.
• In Sikkim, Governor has been given special responsibility for peace and social and economic advancement of different sections of population.

Council Of Ministers

• 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.

Legislature

• 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.
• In the remaining states, there is only one House known as legislative assembly.
• Parliament may, by law, provide for abolition of an existing legislative council or for creation of one where it does not exist, if proposal is supported by a resolution of the legislative assembly concerned.

Legislative Council

• Legislative Council (Vidhan Parishad) of a state comprises not more than one-9f total number of members in legislative assembly of the state arid in no case less than 40 members (Legislative Council of Jammu and Kashmir has 36 members vide Section 50 of the Constitution of Jammu and Kashmir).

Manner of Election

1. 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.
2. 1/12 are e1cted by graduates of three years standing and residing within the state.
3. 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school.
4. 1/3 are elected by the members of the legislative assembly of the state from.

ARTICLES RELATED TO GOVERNOR

Article No.	Subject-matter
Article 153	Governors of States
Article 154	Executive Power of State
Article 155	Appointment of Governor
Article 156	Term of Office of Governor
Article 157	Qualifications for appointment as Governor
Article 158	Conditions of Governors Office
Article 159	Oath or Affirmation by the Governor
Article 160	Discharge of the functions of the Governor in certain contingencies
Article 161	Power of the Governor to grant pardons and others.
Article 162	Extent of executive power of State
Article 163	Council of ministers to aid and advise the Governor
Article 164	Other provisions as to ministers like appointments, term, salaries, and others.
Article 165	Advocate-General for the State.
Article 166	Conduct of business of the Government of a state
Article 167	Duties of the Chief Minister regarding furnishing of information to the Governor, and so on
Article 174	Session of the state legislature, prorogation and dissolution.
Article 175	Right of the Governor to address and send messages to the house or houses of the state legislature.
Article 176	Special Address by the Governor.
Article 200	Assent to bills (i.e. assent of the Governor to the bills passed by the state legislature).
Article 201	Bills reserved by the Governor for consideration of the President.
Article 213	Power of Governor to promulgate ordinances.
Article 217	Governor being consulted by the President in the matter of the appointments of the judges of the High Courts.
Article 233	Appointment of district judges by the Governor.
Article 234	Appointments of persons (other than district judges) to the judicial service of the state by the Governor. amongst persons who are not members of the assembly, and

5. The remainder are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.

Legislative Assembly

• 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 vide Article 371F of the Constitution) chosen by direct election from territorial constituencies in the state.

Reservation of Bills

• The Governor of a state may reserve any Bill for the consideration of the President.
• Bills relating to subjects -like compulsory acquisition of property, measures affecting powers and position of High Courts and imposition of taxes on storage, distribution and sale ofwater or electricity in inter- tate river or river valley development projects should necessarily be so reserved.
• No Bills seeking to impose restrictions on interstate trade can be introduced in a state legislature without previous sanction of the President.

Union Territories

• Union Territories are administrated by the President acting to such extent, as he thinks fit, through an Administrator appointed by him.

Administrative-Systemof Union Territories

Union Territories	Executive	Legislature	Judiciary
1 Andaman and Nicobar Island	Lt. Governor	--	Under Calcutta High Court
2. Chandigarh	Chief Commissioner	--	Under Punjab and Haryana High Court
3. Dadra and Nagar Haveli	Administrator	--	Under Bombay High Court
4. Daman and Diu	Administrator	--	Under Bombay High Court
5. Delhi	(a) Lt. Governor (b) Chief Minister (c) (Council of Ministers)	Legislative Assembly	Separate High Court Court
6. Lakshadweep	Administrator	--	Under Kerala High
7. Pondicherry	(a) Lt. Governor (b) Chief Minister (c) Council of Ministers	Legislative Assembly	Under Madras High Court

Municipalities

• The first such Municipal Corporation was set-up in the former Presidency Town of Madras in 1688; and was followed by similar corporations in the then Bombay and Calcutta in 1726.
• While the Directive Principles of State Policy refer to village Panchayats, there is no specific reference to Municipalities except the implicitly in Entry 5 of the State List, which places the subject of local self-governments as a responsibility of the states.
• In order to provide for a common framework for urban local bodies and help to strengthen the functioning of the bodies as effective democratic units of self-government, Parliament enacted the Constitution (74th Amendment) Act, 1992 (known-as Nagarpalika Act) relating to municipalities in 1992.
• The Act received the assent of the President on 20 April 1993.
• The Government of India notified 1 June 1993 as the date from which the said Act came into force.
• A new part IX-A relating to the Municipalities has been incorporated in the Constitution to provide for among other things, constitution of three types of Municipalities, i.e., Nagar Panchayats for areas in transition from a rural area to urban area, Municipal Councils for smaller urban areas and Municipal Corporation for large urban areas.
• In twelfth schedule 18 items are places within the purview of the municipalities. Some of important items are as follows:

• Urban Planning including town planning.
• Planning for economic and social development .
• Roads and bridges.
• Water supply for domestic, industrial and commercial purposes.
• Public health, sanitation, conservancy and solid waste management.
• Urban forestry, protection of the environment and promotion of ecological aspects.
• Urban—poverty alleviation.
• Vital statistics including registration of births and deaths.

Articles Related To Municipalities

Article No.	Subject-matter
Article 243P	Definitions
Article 243Q	Constitution of municipalities
Article 243R	Composition of municipalities
Article 243S	Constitution and composition ofwards committees, and so on
Article 243T	Reservation of seats
Article 243U	Duration ofmunicipalities, and so on
Article 243V	Disqualifications for membership
Article 243W	Powers, authority and responsibilities of municipalities, and so on
Article 243X	Powers to impose taxes by, and funds of, the municipalities
Article 243Y	Finance Commission
Article 243Z	Audit of accounts of municipalities
Article 243ZAArticle 243ZB	Election to the municipalitiesApplication to union territories
Article 243ZC	Part not to apply to certain areas
Article 243Z-D	Committee for district planning
Article 243ZE	Committee formetropolitan planning
Article 243ZF	Continuance of exiting laws and municipalities
Article 243ZG	Bar to inference by—courts in electoral matters

Panchayats

• Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and, authority as may be necessary to- enable them to function as units of self government.
• In the light of the above a new Part IX relating to the Panchayats has been inserted in the Constitution to provifor among other things:

• direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the offices of Chairpersons of Panchayats at such levels;
• reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats at each level;
• reservation of not less than one-third of the seats for women; and
• fixing tenure of five years for Panchayats and holding elections within a period of six months in the event of supersession of any Panchayat.

• In eleventh schedule 29 items are places within the purview of the panchayats. Some of important items are as follows:

• Agriculture, including agricultural extension
• Minor irrigation, water management and watershed development.
• Social forestry and farm forestry.
• Small-scale industries, including food processing, industries.
• Drinking Water.
• Rural electrification, including distribution of electricity.
• Non-conventional energy sources.
• Poverty alleviation programme.
• Education, including primary and secondary schools.
• Technical training and vocational education.
• Health and sanitation, including hospitals, primary health centres and dispensaries.
• Public distribution system.

Election Commission

• Since its inception in 1954) 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.
• Simultaneously, the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Act, 1991 was amended to provide that the Chief Election Commissioner and other Election Commissioners will enjoy equal powers and will receive equal salary, allowances—and other perquisites as payable to a judge of the Supreme Court of India.

Articles Related To Panchayat

Article No.	Subject-matter
Article 243	Definitions
Article 243A	Gram Sabha
Article 243B	Constitution of Panchayats
Article 243C	Composition of Panchayats
Article 243D	Reservation of Seats
Article 243E	Duration of Panchayats, and so on
Article 243F	Disqualifications for membership
Article 243G	Powers, authority and responsibilities of Panchayats
Article 243H	Powers to impose taxes by, and funds of, the panchayats
Article 2431	Constitution of finance commission to review financial position
Article 243J	Audit of accounts of panchayats
Article 243K	Elections to the panchayats
Article 243L	Application to union territories
Article 243M	Part not to apply to certain areas
Article 243N	Continuance of existing laws and panchayats
Article 243O	Bar to interfere by courts in electoral mateers

RIGHT TO INFORMATION ACTS IN STATES

State	Year of Enactment
1. Tamil Nadu	1997
2. Goa	1997
3. Rajasthan	2000
4. Kamataka	2000
5. Delhi	2001
6. Maharashtra*	2002
7. Assam	2002
8. Madhya Pradesh	2003
9. Jammu & Kashmir	2004
*Maharashtra repealed its earlier Right to Information Act of 2000 to bring out an improved one in 2002

• The Act further provided that in case of difference of opinion amongst the Chief Election Commissioner and/or two other Election Commissioners, the matterwill be decided by the Commission by majority.
• Independence of the Election Commission and its insulation fromexecutive interference is ensured by a specific provision under Article 324(5) of the Constitution that the Chief Election Commissioner shall not be removed from his office except in like manner and on like grounds as a Judge of the Supreme Court and conditions of his service shall not be varied to his disadvantage after his appointment.
• The other Election Commissioners cannot be removed from office except on recommendation of the Chief Election Commissioner.
• The term of office of the Chief Election Commissioner and other Election Commissioners is six years fromthe date he/she assumes office or till the day he/she attains the age of 65 years, whichever is earlier.

Amendments

• The Parliament-on-22-March 2003 enacted the Election Laws (Amendment) Act, 2003 and Conduct of Elections (Amendment) Rules, 2003 which came into force with effect from 22 September 2003.
• This Act also amended Section 77(1) regarding maintenance of election expenses by candidates whereby expenditure incurred by specified number of ‘leaders’ of a political party on account of travel by air or by any othermeans of transport for propagating programme of the political party alone shall be exempted from being included in the account of election expenses incurred by the candidate in connection with the election.
• The Parliament on 1 January 2004 enacted the Delimitation (Amendment) Act, 2003 whereby Section 4 of the Principal Act was amended provide that the Delimitation will be held on the basis of the 2001 Census figures.
• Parliament on 28 August 2003 enacted the Representation of the People (Amendment) Act, 2003 whereby open ballot system was introduced at elections to the Council of States.
• In this system an elector who belongs to a political party is required to show the ballot paper after marking his vote to an authorised agent of that political party.
• The requirement that a candidate contesting an election to the Council of States from a particular State should be an elector in that particular State was also dispensed with.

Electoral Reforms

• In C.W.P. No. 4912 of 1998 (Kushra Bharat Vs. Union of India and Others), the Delhi High Court directed that information relating to government dues owed by candidates to the departments dealing with Government accommodation, electricity, water, telephone and transport (including aircrafts and helicopters) and any other dues should be furnished by the candidates and this information should be published by the election authorities under the Commission in at least two newspapers having local circulation, for information of electors.

Right To Information

• In 2005, the Parliament has enacted a new legislation - the Right to Information Act (2005). This new Act replaces the old Freedom of Information Act, 2002, which was unnotified and hence, not operational.
• The newlegislation confers on all citizens the right of access to the information and, correspondingly, makes the dissemination of such information an obligation on all public authorities. It aims at promoting transparency and accountability in the working of every public authority It has the widest possible reach covering Central Government, state governments, panchayati raj institutions, local bodies and recipients of government grants. Some important provisions are mentioned below:
• It fixes a 30-day deadline for providing information; deadline is 48 hours if information concerns life or liberty of a person.
• Information will be free for people below poverty line. For others, fee will be reasonable.
• It provides for the establishment of a Central Information Commission and State Information Commissions to implement the provisions of the Act. They will be independent high-level bodies to act as appellate authorities and vested with the powers of a civil court.
• The President will appoint a Chief Information Commissioner and governors of state will appoint state information commissioners. Their term will be five years.
• The Act overrides the Official Secrets Act, 1923. The information commissions can allow access to the information if public interest outweighs harm to protected persons.
• Its purview does not extend to intelligence and security organizations like Intelligence Bureau RAW- BSF,-CISF, NSG and so-on. However, information pertaining to allegations of corruption or violation of human rights by these organisations will not be excluded.