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History of Indian Administrative System

History of Indian Administrative system reveals that an organised system of governance was in place right from ancient times when monarchy was the main form of Government. Throughout the long course of its development, there have been two factors that were a constant in administration- the basic units of the villages and the co-ordination between centralisation and de-centralisation.

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History of Indian administration traces its earliest known form to the monarchical system. Since the earliest times, the monarchical system was used in public administration in the execution of governmental functions. In the long history of Indian administration, a number of administrative organisations rose and fell. However, there are two basic features of the Indian administrative system which continued right down the ages- the importance of the villages as a primary unit and co-ordination between the two opposite trends of centralisation and decentralisation. To put it in a nutshell the present administration is a developed form of the old administrative system. Abundant sources are available to get a clear picture of the history of Indian administrative system. A lot of information regarding the organisation and functions of Indian administration is obtained from Vedic literature, Buddhist treatises, Jain literatures, Dharmasastras, Indian Puranas, Ramayana, Mahabharata, Manu Smriti, Sukra Niti and Arthashastra. The powers of administering the states were centralised in the hands of the king during the ancient period in India. During the Vedic period the king was assisted in his work by many officers. He was surrounded by a circle of his friends and principal officers. There is a reference regarding this in the two epics of Ramayana and Mahabharata. A similar reference is also to be found in Manu Smriti and Sukra Niti. In Kautilya`s Arthashastra is obtained a detailed account about the offices of the state for the first time in the history of India. By this time administrative system was fully developed. Thus the development of the ancient Indian administration had reached its peak during the reigns of Chandragupta Maurya and Ashoka. Mauryan administrative institutions were further developed during the period of the Guptas. Their period witnessed multifarious activities in the field of excellent administration. The decentralisation process had started in ancient India. As a result of this, empires were divided into provinces, provinces into districts and districts into urban and rural centres from administrative angle. During the ancient period state administration was divided into numerous departments. In Vedic times the number of such departments was limited. Gradually, the number of such departments increased and their jurisdiction extended. For this we get many references can be obtained from Vedic literatures and subsequent sources. In ancient Indian administration there is also found a description of the principles of public administration. Thus, the principle of hierarchy had been given a practical shape and seeds of co-ordination were present between

different departments. Such a full-fledged administrative system existed in the reigns of Chandragupta Maurya and Ashoka. Great emphasis was placed on observation and inspection along with the principle of hierarchy. Like the present day personnel system mention is made in ancient administration system of the recruitment, qualifications, salaries, leave, pension etc., of government employees. At that time merit, efficiency and being a member of the elite group were given special emphasis. During the time there existed the organisation of a central office where all the government records were kept. This was like the secretariat of the government, in which various government functionaries, including officers worked. Mention of such an office is found in Mauryan times and Chola kingdom. The king appointed personal secretary as well. In brief, the main function of the central office was the control and inspection of provincial, regional and local government. In brief, it can be said that the present Indian administration is the result of a rich legacy and continuity. It is true to say that the steps of its evolution are someway or the other connected with the past. However, the existing administrative system in India may be said to be the contribution of the British government.

Government of India
Government of India is a parliamentary form of Government and follows the democratic structure.

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Commission for Scientific and Technical Terminology Film and Television Institute Customs of India Inland Waterways Authority Indian Academy of Sciences of India International Center for International Institute for Alternate Dispute Resolution Population Sciences National Anti-Doping National Assessment and Agency Accreditation Council National Institute for National Institute for Micro , Empowerment of Persons Small and Medium with Multiple Disabilities Enterprises National Institute of National Institute of Rehabilitation Training and Agricultural Marketing Research National Institute of Public National Institute of Open Cooperation and Child Schooling Development National Investigation National Stock Exchange of Agency India Prasar Bharati Tug of War Federation of India Society for Applied Microwave Electronics Engineering & Research Technology Information Wildlife Institute of India Repatriates Co-operative Finance and Development Bank Limited

Food Safety and Standards Authority of India (FSSAI)

India has adopted parliamentary system of government which is based on universal adult franchise. The Government of India is of a democratic form which means it is a government `by the people, for the people and of the people`. In this parliamentary system of government, parliament is supreme and there is fusion of Executive and Legislative powers. The President is the constitutional head of the Executive. All the executive powers are exercised by

the Council of Ministers with the Prime Minister as head. After independence, the whole political scenario changed with the Congress in Power. The Constitution of India being the supreme law of the land came into force on 26 January 1950. The preamble of the Constitution defines India to be a sovereign, socialist, secular, democratic republic. The parliamentary system of India is a replica of the Westminster-style. The first general election was held under the Constitution during 1951-52. Parliament occupies a prominent position in the structure of the Government of India. It is the representative institution of the people. It is through the Parliament, the sovereign will of the people finds expression. Article 79 of the Constitution of India states that there shall be a Parliament for the union and the government will be responsible to legislature and the legislature is in turn responsible to the people who are the ultimate sovereign. The composition of the parliament consists of the president and the two Houses- the Lok Sabha or the House of the Parliament and the Rajya Sabha or the council of States. The continuation of a President or the Head of the State in the Parliamentary form of government symbolises its true character. The President though does not participate in the discussions of the two Houses, yet he exercises several powers and performs important functions. The president of India is elected by an Electoral College consisting of the elected members of the two Houses of the parliament and the Legislative Assemblies of the state. The Rajya Sabha which is another essential part of the parliament consists of not more than 250 members. Of these, 233 members represent states and union territories and 12 members are nominated by the President. Members to the Rajya Sabha are elected by the elected members of Legislative Assemblies of the concerned states. The Rajya Sabha is not subject to dissolution in contrast to the Lok Sabha and one third of its members retire every second year. However, in the Indian Polity, the Lok Sabha is composed of representatives of the people chosen by direct election on the basis of universal adult franchise. As present, the Lok Sabha consists of 545 members with two members nominated by the President to represent the Anglo-Indian Community. The term of the Lok Sabha is for five years and gets dissolved under circumstance of failure of the leading party to prove clear majority or a no-confidence motion. Article 74 (1) of the Constitution provides that there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President who shall, in exercise of his functions, act in accordance with such advice. India is a bicameral parliament consisting of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Council of Ministers is collectively responsible to the Lok Sabha, the House of the People. The Council of Ministers comprises Cabinet Ministers, Minister of States and Deputy Ministers. It is the Prime Minister who communicates all decisions of the Council of Ministers relating to administration of affairs of the Union and proposals for legislation to the President. Each department has an officer designated as secretary to the Government of India to advise Ministers on policy matters and general administration. The Cabinet Secretariat has important coordinating role in making decision at highest level and operates under direction of Prime Minister. Government of India has certain departments that carry on their duties under the supervision of several ministries. The Central Ministry is part of the Executive branch of Government India. Depending on the federal character of the political system of India, Indian Government

Departments are divided into Central government departments and State Government department. The central ministry work independently and the State governments work under the supervision of the Central Government. There are certain departments including Departments of Agriculture, Home Affairs, Commerce and Industry, External Affairs, Corporate Affairs, Defence, Information and Broadcasting, Civil Aviation, Human Resource Development, Railways, Environment and Forests, Finance and Company Affairs, Health and Family Welfare, Heavy Industries and Public Enterprises, Petroleum and Natural Gas, Power, Labour, Tourism, Women and Child Development, Youth Affairs and Sports and several others constitute the Indian Government Departments. These departments work for public welfare. The ministers of these government bodies are chosen through general election India at an interval of every five years. But the bureaucrats and other officials are appointed through competitive exams that are held throughout India. Examinations such as IAS, IPS, IFS, UPSC and other exams are held annually across the nation. Moreover, it is through the Government of India, the defence of the country is ensured. The Supreme Command of the Armed Forces is invested in the President and the responsibility for national defence vests in the Cabinet. The Ministry of Defence performs the work assigned. Defence Minister or the Raksha Mantri is the head of the Ministry of Defence
Jan 29 STRUCTURE AND FEATURES OF INDIAN CONSTITUTIONS

Abstract: After understanding the legacies of freedom movement and legacies of colonial rule, now in this chapter we will read the concept of constitution and structure and features of Indian constitution. Here we will read about the preamble of Indian constitution, its philosophy and significance, nature and features of Indian constitution, structure of the constitution and also will read about Fundamental Rights, Directive Principles of State Policies and Fundamental Duties. This Chapter will give us an idea about the constitution, its nature and structure. Contents: v Introduction v Preamble of the constitution v Nature and features of Indian Constitution v Structure of the Constitution v Fundamental Rights: v Directive Principles of State Policies

v Fundamental Duties v Conclusion

Introduction:

In the previous chapter we have learned about the origin and evolution of Indian constitution. Our understanding about the colonial legacy and legacy of freedom movement has already given us an image of Indian constitution. There we also learned about the sources of Indian constitution. But what is the actual structure of our constitution? Is there any philosophy who guides the constitution? Does our constitution care about the people? Can we see any features which guide the government? As a citizen of the country what are our responsibility and duty? All these questions are not cleared in the previous chapter. To know those queries, in this chapter we will understand the nature and feature of Indian Constitution and its structure. But before studying about these lets earn a brief idea about the concept of constitution and also about the Indian constitution.

About constitution:

The constitution is a set of elementary principles or established precedents to govern a state. It is a written or unwritten document constitute of rules and principles. It puts down the basic framework of a political system to govern. Constitution of a country lays down the basic structure of the political system under which its people are to be governed (Kashyap, 2011; 1). We can define it as a set of fundamental law of a country which ordains the fundamentals of its polity and on the altar of which all other laws and executive act of the state are to be tested. It is a living organism of functioning institutions (Kashyap, 2011; 2). The constitution establishes the main organs of the state-the legislature, executive and judiciary. It defines their power and responsibilities and regulates their relationships. The constitution of a country represents the vision and values of its founding fathers and is based on the social, political and economic ethos and faith and aspirations of the people. In the earlier chapter and in the next few chapters we will see principles and structure that compose Indian Constitution.

Indian constitution:

The Constitution of India was as we have already come to know in the earlier chapter, was adopted in 26th January 1950. This date was chosen to commemorate the 1930s declaration of independence and since 1950 India celebrates the adoption of the constitution on 26 January each year as Republic Day. It is a written constitution. In the time of adoption, the constitution of India had a preamble, 22 parts, 395 articles and 8 schedules. But due to a number of amendments in last 60 years the tally of schedule and articles increased. The Constitution, in its current form, consists of a Preamble, 22 Parts containing 450 Articles, 12 Schedules, 2 Appendixes (Wikipedia). We will read about these schedules and parts in the later part of this chapter. It declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty and promotes fraternity among them. When we were reading about the concept of Constitution, we discussed about organs of the state-the legislature, executive and judiciary. Indian constitution also deals these areas. The constitution of India provides for distribution of powers between the union and the state where powers of the Parliament and State Legislatures are distributed in three list- Union, State and Concurrent list. The constitution of India is amendable and so far there has been more than 110 amendment bills are introduced in the parliament and out of that 95 amendments were made so far. We will understand about the nature and structure of Indian constitution in the following parts of the chapter.

Preamble of the constitution: The Preamble of a constitution is the embodiment of the fundamental values and philosophy on which the constitution is based. When we read a book or a novel, often read the preface, where the author lays the brief ideas about the book. The preamble of a constitution is like that preface to the constitution which lists the basic features of the constitution. It is the introductory statement of the constitution. Text Box: KM MUNSHI IMAGE Constitution of India also has a preamble. The preamble in Indian Constitution specifies the nature of Indian state and the constitution. The preamble is based on Jawahar Lal Nehrus objective Resolution, about which we have read in the previous chapter of this book. K. M Munshi has termed the preamble as Political Horoscope and Earnest Barker says it as Key to the constitution. The preamble is a part of the constitution but is not justifiable. But it bears a great significance to the constitution. We can say the Preamble as the foundation stone of the constitution. The preamble renders it easy to understand the real intensions of the framers of the constitution. The preamble of Indian Constitutions say-

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. When the Preamble of the constitution was adopted, the words socialist, secular and integrity was not there in the Preamble. These words were added to the Preamble by the 42nd Amendment in 1976. The Preamble is the supreme or fundamental constitutional values in which the founding fathers believed, which they wanted to foster among the people of the republic. The Preamble indicates the source from which the constitution derives its authority and also states the objects which the Constitution seeks to establish and promote (Basu, 2011:21).

Philosophy and salient features of the preamble:

The words used in the constitution are some of the noblest words and embody the highest values that human ingenuity and experience have been able to devise thus far. These words bear the philosophy of the Preamble and the constitution. Let us analyze the meaning of various terms used in the preamble. We also can say these as the salient features of the preamble.

Sovereign: The Preamble of Indian Constitution declares India to be sovereign. It implies that India is a sovereign state, free to conduct its internal and external affairs as it deems desirable. The constitution does not contain any specific provision in regard to the sovereign powers. It is only ascertained in the preamble. The preamble accepts the principle of popular sovereignty. The preamble begins by the words We the people of India which testify that people are the ultimate

source of all authority. The preamble of the Constitution of United State also begins with We the people of the but with a different meaning.

Socialist: We know that the term socialist was added in the Preamble by the Forty Second Amendment. Though the term socialist was included, the term does not mean the State Socialism that is ownership of all means of production and distribution by the State but it means reducing the inequalities between rich and poor. This term is also to refer socialist pattern of society; which was adopted as a goal of Indian state by the Congress in its Avadi session in 1955. The term socialist state means that India is a democratic socialist state and committed to socioeconomic justice, that is to be secure by the state through the democratic process and organized planning. However, the term has not been defined by the constitution.

Secular: The term Secular was also added in the 42nd Amendment. Ever since the inauguration of the constitution the citizens of India have enjoyed complete religious freedom. When we will read the Fundamental Rights we will find how they promote secularism. Though India behaved as a secular state but it was not described so in the Preamble. The deficiency has been removed by the above addition. The term Secularism means equal respect and equal protection of all religions by government. This secularism is distinct from the negative concept of secularism held in western traditions, that is, separation of religion and politics. Democratic: We found that the Preamble declared India to be a Democratic State. It means that in India, the administration is carried on by the elected representative of the people. The Constitution has introduced the system of Universal Adult franchise. The people of India enjoy all those rights which are available in a democratic country. The constitution lays down the system of Parliamentary Democracy. The term Democratic in the Preamble is used to represent the philosophy of democracy that the constitution has. Republic: By republic we mean that in India, the highest executive authority shall be vested in a person directly or indirectly elected by the people. The President, Vice-President of India and Members of Rajya Sabha are elected indirectly by the people, while the Prime Minister and the other members of the Lok Sabha are directly elected by the people. This implies that India cannot have monarchical or feudal type of government. The Republic in the Preamble has both positive and

Negative meaning. Negatively, it means that India is not ruled by monarch and positively means that it has an elected head for a fixed term. Justice: Justice in the Preamble implies that the government will try to promote the welfare of all section of the people of India. We find three types of justice political, economic and social, in the Preamble. We can see that to provide political justice the constitution has introduced Universal Adult Franchise. In economic sphere justice is to be provided by raising the living standard of the people. To provide social justice, all citizens are treated equally irrespective of their status in society as a result of their birth, race, caste, religion, sex, title etc. The preamble places Justice higher than the other principles of Liberty, Equality and Fraternity (Kashyap, 2011; 73). Liberty: The Preamble declares liberty to be the second cardinal objective to be secured by the Indian State. The Preamble by liberty does not mean mere absence of restraint. It is also positive concept, where we find liberty of thought expression, belief, faith and worship as the objective to be secured to all the people. The Fundamental Rights are designed to secure this objective. Text Box: Example of MGNREGA where both men and women earn equal wage, based on equality Equality: The Preamble of Indian Constitution makes equality as the third objective of the constitution. It promises equality of opportunity and status. And it has legal, social, political and economic aspects. It says that all citizens are equal before law and enjoy equal protection of the laws of the land. There cannot be any discrimination on the ground of primordial factors like religion, race, caste, sex etc.

Fraternity: With a view to promote the spirit of brotherhood among the people and to ensure proper dignity of the individual, the Constitution has paid attention to fraternity. To promote this the constitution imposed certain fundamental duties on the citizens of India. Fraternity is expected to preserve and promote the dignity of the individuals life. The Preamble also says that in order to safeguard the dignity of the individual, we need to build the nation and protect its unity and integrity and this is through the spirit of common brotherhood and fraternity.

Constitutional Significance of the Preamble: In the beginning of the chapter we read that Constitution of India has 22 parts. The preamble is not one out of those. But many a time many people believe it as a part,

due to its constitutional significance. The preamble has helped us in different time to in understanding the constitution. We can see the following constitutional significance of the constitution1. The Preamble helps us in understanding the constitutional arrangements in clear terms. If any section of the constitution is not clear than we may understand that with the help of philosophy of the preamble. 2. The words of the Preamble highlight some of the fundamental values and guiding principles on which the Constitution of India is based. It serves as a guiding light for the Constitution and judges interpret the Constitution in its light 3. The Supreme Court of India, in a majority of decisions, has held that the preamble constitute the basic structure of the Indian Constitution, which cannot be amended. 4. The Preamble signifies by its very beginning that the actual power lies in the hand of people, not in government agencies. 5. The Preamble lays down the most important national goals such as socialism, secularism and national integration etc. Every citizen and the government must try to achieve these goals. 6. If we look at different amendments that have been taken up after the adoption of constitution we will find that many of these are based on the preamble. For example we can say about the amendments of reservation policies for weaker sections of the society. This is based on the philosophy of social justice mentioned in the Preamble.

When we will read the next few chapters, we will be able to better understand the significance of the Preamble. The next parts of this book will remind us the relevance of the Preamble and its philosophy in Indian Constitution.

The Preamble is a part of the constitution:

So far, in this book, we have read that preamble is a part of the constitution but not among the 22 parts of it. We also read that many people do not believe it as a part of the constitution. The Supreme Court of India, while giving its opinion on the presidential Reference on the transfer of the Berubari Union and the exchange of Enclaves, accepted that Preamble is not a part of the Constitution. However, later on, it reversed its judgment in Keshavananda Bharati Case and held that Preamble is a part of the Constitution. The Parliament also has accepted it as a part of the

Constitution. As such, the Preamble is now regarded as a sacred and basic part of the Constitution. The Preamble defines the basic structure of the Constitution and it itself a part of the basic structure. The next few parts of this book are based on this Preamble. Let us read the salient features of Indian constitution, which also reflects the philosophy of the Preamble.

Nature and features of Indian Constitution:

So far, we have collected some basic ideas about the Indian Constitution. The Constitution has impact of legacies, Constituent Assembly Debates and of other known constitutions. As the Constitution has borrowed many ideas from some known constitution, it is called as borrowed constitution. Due to this we find the constitution a very comprehensive document. The nature of the Indian Constitution is unique in many ways. It cannot be fitted in any particular model of constitution as it is both-rigid and flexible, federal and unitary, presidential and parliamentary. The constitution has many outstanding features which distinguishes it from other Constitutions. We can find the following salient features of the Constitution of India: 1. Written Constitution: The constitution of India is a wholly written and detailed document. At the time of adoption, the constitution of India had a preamble, 22 parts, 395 articles and 8 schedules. Jennings describes it as the largest written constitution in the word. The constitution of India included not only the Constitution of the Union but also of the States. It has incorporated several unique features like-Fundamental rights and Duties, The Directive Principles of State Policies, Emergency Provision, Language Provision etc, which made it quite lengthy. All these made the largest written constitution. 2. Rigid and Flexible Constitution: On the ground of the amending procedure being difficult or easy, we can say Indian constitution as combination of both rigid and flexible. There are three methods of amending Indian Constitution. When we will look at the amendment procedures of Indian constitution, we will see that the Constitution is flexible in the sense that most of its parts can be amended by simple majority in the Houses of Parliament. It is rigid as other some provisions can be amended by the House of Parliament by special two third majorities of the members present and voting and majority of the total membership in each House. It is rigid in the third method also as in few provisions, in addition to a special majority in the two Houses of Parliament, ratification of not less than one half of the state is required. This mixture of amendment procedures make the Constitution both rigid and flexible

3. Sovereign, Socialist, Secular, Democratic, Republic Constitution: We have already read about these values in the Preamble of Indian Constitution. These values reflect the characteristics of Indian Constitution. As we have read about these in detail, let us switch to other features of the constitution. 4. Drawn from Different Sources: Another unique feature of the Indian Constitution is that it was prepared after ransacking all the known constitution of the world. We already read in the first chapter that apart from the legacies and Constituent Assembly debates, the fathers of constitution are also influenced by Constitution of US, UK, USSR, Canada, Australia, and Ireland etc. Many features of the Constitution are adopted from those. It is so, our constitution is a borrowed Constitution. 5. Fundamental Rights: The Constitution of India, under its part III from Article 12 to 35, grants and guarantees Fundamental Rights to its citizens. These rights are enforceable in the Courts. Originally, the Constitution had seven Fundamental Rights, but after the 44th Amendment in 1979, it decreased to six. Our Constitution presents a balance between the rights of the individual on the one hand and the interest of the society and the needs of the security of the state on the other (Kashyap, 2011; 52-53). 6. Fundamental Duties: Fundamental Duties are another important feature of Indian Constitution. The Constitution, in its part IVA- Article 51 A enumerates the Fundamental Duties of Indian Citizens. It lays down eleven duties for all the citizen of India. These Fundamental Duties are not enforceable in the Courts. 7. Directive Principles of State Policy: Directive Principles of State Policy is one of the most striking features of Indian Constitution. These are instructions to the governments- both Union and State, for securing socio-economic developments through its policies. Though these are not enforceable by the courts, the government shall apply these in making laws. 8. Single Citizenship: Despite of the federal structure, for building an integrated Indian fraternity and a united nation, India has single Citizenship system. The Constitution provides all citizens uniform rights and freedom. This is also an important feature of Indian Constitution.

9. Parliamentary Government: The Constitution of India provides for a Parliamentary system of government. In India, President is nominal head of the state and Prime Minister is the real head. These feature is neither similar to the British nor to the US Constitution. 10. Bi-cameral Union Parliament: The Indian Constitution of India provides for a Bicameral legislature at the Union level. It has two Houses- the Lok Sabha and the

Rajya Sabha. The Lok Sabha is lower House and the Rajya Sabha is upper House of the parliament. Of the two, Lok Sabha is more powerful than the Rajya Sabha. This bi-cameral legislature is also an important feature of Indian Constitution. 11. Federation with strong Centre: Though we cannot find the term federation in the Constitution of India, but it is of federal nature. K C Where describes India as a quasi federal constitution. The constitution distributes the power in three listsUnion, Concurrent and State lists. However, it provides a strong centre, which seems to be a unitary feature. This mixture of both Federalism and Unitarianism is a feature of Indian Constitution. 12. Independent Judiciary: The Constitution of India establishes an independent judiciary. The judiciary is not under the control of Executive and Legislature and empower with the power of judicial review, judicial Activism etc. the High Courts and Supreme Court form a single integrated judicial structure and enjoy the jurisdiction over Union, State, Civil, and Criminal laws. 13. Adult Franchise: Universal Adult Franchise is also an important feature of the Constitution. Based on the principle of one man one vote constitution opt for it without any distinction. Every Citizen who is 18 years of age has the right to vote. Earlier the age was 21. This feature makes India a truly democratic nation.

14. Emergency Provisions: We read that president is a nominal head of the state. The president enjoys some powers and functions and among those Emergency power is also one. This enables the executive to meet any emergency effectively. The constitution provides three types of Emergency powers- General Emergency, Constitutional Emergency and Financial Emergency. 15. Special Provision of Backward Class: Another feature of the Indian Constitution is that there is reservation of seats for the backward people in the Lok Sabha and state Assemblies. The Constitution in its Part XVI also lays down that the claims of the Scheduled Castes and Scheduled Tribes shall be taken into consideration in making appointment to services and posts in connection with the affairs of the Union or of the State to uplift them. 16. Provision regarding language: The Constitution has special provisions for defining the Language of the Union, Regional Languages, and Language of the supreme and High Courts. In its Eight Schedule, the Constitution recognizes major Indian Language. The tally is now 22. This is also an important feature, which we can find in Indian constitution.

The Constitution of India is a most comprehensive and unique in many ways. This is a large document and suitable for Indian environment. The above features

have made the constitution different from many other constitutions of the world. When we will read about the constitutions of different countries in later part of the course, we will better understand how it is different from others. But, for now, we can earn the idea about our Constitution, by reading these features. We can understand better about it and its features in coming parts of the book.

Structure of the Constitution:

So far, we have come to know about the history and features of Indian Constitution. But how does the constitution look like? What are the things that are written in that large document? Is it like a book with chapters? Or it is like a report? In the following few paragraphs, we will try to know these above questions? We will now read about the structure of the Constitution, the order it is arranged and the way it is designed. The constitution, as we know starts with the preamble. It is followed by the Parts, Schedules, and Appendixes. We know that the Constitution has at present 22 Parts and these are Part I-Union and its Territory, Part II-Citizenship, Part IIIFundamental Duties, Part IV-Directive Policies of State Policy and Fundamental Duties {Part IV (A)}, Part V- The Union, Part VI- The States, Part VII- States in the B part of the First schedule(Repealed)., Part VIII- The Union Territories, Part IXPanchayat system and Municipalities, Part X- The scheduled and Tribal Areas, Part XI- Relations between the Union and the States, Part XII- Finance, Property, Contracts and Suits, Part XIII-Trade and Commerce within the territory of India, Part XIV- Services Under the Union, the States and Tribunals, Part XV- Elections, Part XVISpecial Provisions Relating to certain Classes, Part XVII Languages, Part XVIIIEmergency Provisions, Part XIX Miscellaneous, Part XX- Amendment of the Constitution, Part XXI- Temporary, Transitional and Special Provisions, Part XXIIShort title, date of commencement, Authoritative text in Hindi and Repeals. If we accept Preamble as a part of Indian constitution, than it will come before all the parts and rest will follow from Part I-Union and its Territory. The individual Articles of the Constitution are grouped together into these Parts. After these parts, the 12 schedules of the constitution come. The schedules are lists that categories and tabulate activity and policy of the Government. The Schedules in the constitution are arranged in the following order. First Schedule (Articles 1 and 4): This lists the states and territories of India, lists any changes to their borders and the laws used to make that change.

Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221): This lists the salaries of officials holding public office, judges, and Comptroller and Auditor-General of India. Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219): Forms of Oaths This lists the oaths of offices for elected officials and judges. Fourth Schedule (Articles 4 and 80): This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory. Fifth Schedule (Article 244): This provides for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions). Sixth Schedule (Articles 244 and 275): Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram. Seventh Schedule (Article 246): The union (central government), state, and concurrent lists of responsibilities. Eighth Schedule (Articles 344 and 351): The official languages.

Ninth Schedule (Article 31-B): Articles mentioned here are immune from judicial review. Tenth Schedule (Articles 102 and 191): "Anti-defection" provisions for Members of Parliament and Members of the State Legislatures. Eleventh Schedule (Article 243-G): Panchayat Raj (rural local government). Twelfth Schedule (Article 243-W): Municipalities (urban local government).

After these twelve Schedules, two Appendixes follow. These two are:

1.

The Constitution (Application to Jammu and Kashmir) Order, 1954 and

2. Re-statement, with reference to the Present text of the Constitution, of the exceptions and modifications subject to which the constitution applies to the state of Jammu and Kashmir. Text Box: Hegde, J. and Mukherjea, J. identified a separate and shorter list of basic features: sovereignty of India democratic character of the polity unity of the country essential features of the individual freedoms secured to the citizens mandate to build a welfare state Jaganmohan Reddy, J. stated that elements of the basic features were to be found in the Preamble of the Constitution and the

provisions into which they translated such as: sovereign democratic republic parliamentary democracy three organs of the State Basic structure of the Constitution: After knowing about the composition of the constitution, we also need to know the basic structure of the Constitution. Basic structure is that part of the constitution, which are immune from the power of amendment. It is the judge-made principle that certain feature of the Indian Constitution are beyond the limit of power of the amendment of the Indian parliament. The basic structure of the Constitution cannot be altered by amendment (Basu, 2011; 167). The doctrine was first express by the Supreme Court of India in Kesavananda Bharati vs. State of Kerala in 1973. It is to maintain the supremacy of the Constitution. Text Box: Stop to consider: The constitution of India does not contain any provision in regard to basic features. There is nothing to suggest that the Constitutionmakers wanted any provisions of the Constitution to be absolutely un amendable. It was certainly not beyond the ingenuity of the founders to provide for it if they wanted it to be so. In fact, all the evidence is to the contrary. It was repeatedly declared in the Constituent Assembly and elsewhere by Nehru, Ambedkar and others that they did not wish to bind the succeeding generations, that, to use Nehrus words, If you make anything rigid and permanent you stop a nations growth, the growth of a living, vital, organic people. Source: Kashyap, 2011; 340 But the basic structure of the constitution is not defined. The Supreme Court while propounding the concept of basic structure did not clearly specify as to what constituted the basic structure of the Constitution. The power retained in the hand of judiciary to decide as to what constitute the basic structure, on the basis of facts in each case. Different judges in their judgment tried to explain the basic structure through certain illustrations. Chief Justice Sikri listed five features of Basic features-supremacy of the Constitution, republican and democratic form of government, secular character of the Constitution, separation of powers between the legislature, executive and the judiciary, and federal character of the Constitution. Shelat, J. and Grover, J. added two more basic features to this list: the mandate to build a welfare state contained in the Directive Principles of State Policy, and unity and integrity of the nation. We can define the basic structure as those parts of the constitution without which the constitution may lose its fundamental character. The basic Structure is at the Heart of the Constitutional Scheme.

After knowing about the basic structure of the constitution, let us read about the other important component of our constitution. The book in its other chapters will

discuss the three parts of government, election system, amendment procedure etc. So, in this chapter, we will not discuss about these parts. Here we will read about the Part III, Part IV and Part IV (A) of the constitution. The reason behind discussing these is that these parts are important part of Indian Constitution and it reflects the philosophy of the constitution and preamble. These three parts lays down the governing principle of Indian constitution. These three parts are also regarded as part of basic structure of the constitution. So, let us know about these three in details.

Fundamental Rights:

A democracy is always supported by Fundamental Rights. Indian Constitution has also made provisions for Fundamental Rights to promote democracy in India. In the previous chapter we have learned about the sources of Fundamental rights of our constitution. Here, before knowing about the Fundamental Rights ensured by Constitution of India, let us see what is Fundamental Rights? The constitution is regarded as Fundamental law of the nation and the rights which are incorporated here, therefore, regarded as Fundamental Rights. These rights are generally regarded set of entitlements in the context of legal system. The rights which are needed for all round developments of the human being are Fundamental Rights. They ensure the fullest physical, mental and moral development of every citizen. Fundamental Rights include the basic freedom and conditions which alone can make life worth living. In democracy, the Fundamental Rights are considered as basic to better and happier life of human being. They are the soul of the constitution (Avasthi, 2004; 229). Part III of Indian Constitution, with the heading Fundamental Rights, deals with the charter of Rights. Here the constitution includes the basic rights which are necessary for individual to live a dignified life.

The Genesis of Fundamental Rights in India:

Text Box: According to Dr BR Ambedkar Fundamental Rights was one of the most criticized parts of Constitutional Assembly Debate. Source: Kashyap, 2011; 94 The development of constitutionally guaranteed Fundamental Rights in India was inspired by various historical events. Englands Bill of Rights in 1689, United States Bill of Rights in 1787 and Frances Declaration of the Rights of Man in 1789 were among those. Constitution of India Bill, 1895 made the first systematic demand for Fundamental Rights. Thereafter, several committees were appointed and resolutions were passed to put forth the perspectives of Indian Fundamental Rights

(Chakrabarty and Pandey, 2008; 11). In early 1930s, before the Simon Commission and Government of India Act of 1935, a popular demand was made for Fundamental Rights. But Simon Commission and the Joint Parliamentary Committee had rejected the idea of enacting declaration of Fundamental Rights on the ground that abstract declarations are useless. However, nationalist opinion, since the time of the Nehru Report was in favour of a Bill of Rights. The framers of the Constitution were also especially influenced by the Constitution of United State, France, Irish, Japan, and Burma and by Declaration of Human Rights by the United Nations. A Bill of Rights was among the primary tasks for them. Therefore, Part III of the Constitution was discussed for as many 38 days- 11 days in the Sub-Committee, 2 days in the Advisory Committee and 25 days in Constituent Assembly. The final shape to the fundamental rights was given by the Advisory Committee for reporting on minorities, fundamental rights, and on the tribal and excluded areas, under the chairmanship of Sardar Patel, which the Constituent Assembly accepted and adopted (Chakrabarty and Pandey, 2008; 11). They include these rights from Article to 12 to 35 of the constitution, out of which Article 12, 13, 33, 34 and 35 explains about the applicability of the rights that are categories in the articles from 14 to 32.

Fundamental Rights in Indian constitution:

After reading about the genesis of Fundamental Rights in India Constitution, let us see the Rights, those are incorporated in the Constitution as fundamental or basic. In the original constitution, adopted in 1950, there were seven sets of rights, designated as Fundamental. But, in the time of Janata Government in 1978, by forty-fourth amendment to the constitution, the Right to Property was repealed. Since then we, the people of India enjoy six sets of Fundamental Rights. The constitution includes these rights from Article to 12 to 35 of the constitution, out of which Article 12, 13, 33, 34 and 35 explains about the applicability of the rights that are categories in the articles from 14 to 32.Let us see what are those rights in the six categories

1. Right to Equality: Articles 14 to 18 of the constitution deals with Right to Equality. There are several rights under this category. These rights area) Equality before Law: According to Article 14 of the constitution the State shall not deny to any person equality before the law or the equal protection of the laws within India. The law makes no discrimination or distinction on the basis of status or position of citizen and in like circumstances citizens get like treatment. By equality

before law, the constitution describes the negative concepts of law means absence of any special privilege and equal protection of the law is a more positive concept, implying the right to equal treatment in equal circumstances. However equality before law does not mean absolute equality or equality among un-equals but among equals. It does not prohibit the classification of person into different groups.

b)Prohibition Against Discrimination: According to Article 15 there should not be any discrimination against a citizen on the ground only of race, religion, caste, sex, place of birth or any of them. No citizen shall on any of these grounds, be denied access to shops, hotels, public restaurant, and places of public entertainment; or the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. This Article also says that nothing shall prevent the State from making any special provision for women, children and for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

c)Equality of Opportunity: Article 16 of the constitution provides for equality of opportunities for all citizens in matters relating to employment or appointment to any office under the state. Citizen shall not, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office in India. The constitution, however, does not debar the Parliament from making any law prescribing essential qualification in regards to a class or classes of employment to any office. It is also laid down that this rights shall not prevent the state from making any provision for reservation in favour of any backward class of citizen which, is not adequately represented.

d)Abolition of Untouchability: The Article 17 of the constitution, for eradicating the evil practice of untouchability in India, abolishes untouchability and makes its practice in any form an offence punishable under the law.

e) Text Box: Article 18 and Bharat Ratna A question had arisen whether the Bharat Ratna, Padma Vibhushan, Padma Bhusan and Padma Shri civilian Awards conferred by the President on Republic Day for outstanding meritorious service were violative of article 18 of the Constitution. Under stay order from Supreme

Court, no awards were announced for several years. Awards have since been resumed. The Supreme Court has held that these awards are not titles within the meaning of article 18 and that if any awardee uses the award as a title by suffixing or prefixing it with his or her name, he should forfeit the award (Kashyap, 2011; 117). Abolition of Titles: According to the Article 18 of the Constitution, state shall not confer any title, not being a military or academic distinction. It also says that Citizen of India shall not accept any title from any foreign State. Even the nonIndians in the service of Indian State cannot accept titles from foreign State without the permission of the President of India. This provision aims at ensuring equality for all. Thus, the constitution, from Article 14 to 18 grants right to equality to the people of India. These rights, along with the provisions of equality, also provide protective discrimination. These are both positive and negative.

2. Right to Freedom: The second set of Rights which we can find in our constitution is Right to Freedom. Four Articles starting from Article 19 to 22 deals with these rights. Let us see the rights that we can enjoy under these articles. a) Six Fundamental Freedoms: In Article 19 of the Constitution we find six basic freedoms of the people. These were originally seven, but 44th amendment omitted the the right to private property and leave only six freedoms. According to Article 19 of the constitution all citizens of India shall have the right(i) (ii) (iii) (iv) (v) and (vi) trade or business. To practice any profession, or to carry on any occupation, To freedom of speech and expression; To assemble peaceably and without arms; To form associations or unions; To move freely throughout the territory of India; To reside and settle in any part of the territory of India;

These above six freedoms constitute the backbone of the Right to Freedom. These are important for the enjoyment of civil and political liberty. Freedom of speech and expression, freedom of association, freedom of assembly etc are the essential freedom for democracy. You might have heard about Right to Information. The Supreme Court of India has now held that Right to Information is covered by the right to freedom of speech and expression. The are also important for personal liberty.

Though the article proclaimed these rights or freedom but they are not absolute. These freedoms are subject to some reasonable restrictions. For example, the freedom of speech can be restricted on the grounds of defamation, security of state, friendly relations with foreign states, contempt of court, decency or morality, incitement to an offence etc. Freedom of assembly and association can be curtailed on grounds of public order etc. We have seen that many a time we are restricted to move freely throughout the territory of Indi for public interest.

b) Protection against Arbitrary Conviction: According to Article 20, the Constitution protects against the arbitrary conviction in respect of offences committed to the people. According to the constitution any person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to any penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. It also says that no person shall be prosecuted and punished for the same offence more than once and no person accused of any offence shall be compelled to be a witness against himself.

c) Protection of life and personal liberty: Article 21 of the constitution provides protection to the life and liberty of citizens as well as non-citizens. The Constitution here says that no person shall be deprived of his life or personal liberty except according to procedure established by law. It provides the right not to be subjected to imprisonment, arrest or physical coercion in any manner without legal justification. Here procedure established by law denotes the awarding of punishment in accordance with law and according to the set procedure.

d) Right to Education: We may have seen advertisements in different places mentioning the right to education. Article 21A of the constitution deals with it. This Article was added as a new article by the constitution by following 86th Amendment. It provides for free and compulsory education for all children between the age of six to fourteen years. Text Box: AFSPA Many of you have heard about Arm Forces Special Power Act. This act empowers the arm forces with the power of arbitrary arrest and it violates some other rights also. In Jammu and Kashmir and North East India, where the Act is imposed restrict the implementation of many Fundamental Rights. Due to its negative face different section of people have been fighting either for withdrawal of the Act or for amendment.

e) Protection Against Arrest and Detention: Under Article 22, the constitution provides for protection against arbitrary arrest and detention. The constitution lays down that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. It also says that Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the that period without the authority of a magistrate. The constitution, however, allows the state the power of curbing individuals freedom under some exceptional circumstances. For example the Parliament and the legislatures have the power to pass preventive detention acts like TADA, POTA, MISA which can enable the executive to arrest, detain and imprison any person without trail.

Thus we in the constitution found the right to freedom from article 19 to 22. But most of these are very limited and restricted in nature.

3. Right Against Exploitation: In Indian Constitution, Articles 23 and 24 deal with the right against exploitation. Exploitation means misuse of services of others with the help of force. This right aims at preventing the exploitation of the weaker sections of the society by a person or by state. The rights available under these two Articles are(i) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (ii) Text Box: Child in Work Many of you have seen boys and girls below the age of 14 working in house, hotel, Dhaba etc. This is a violation of this right. Our silence has also contributed in violating this right Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. (iii) No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. The parliament has enacted several laws to meet the objective set by these rights. But many a time it is seen that these rights are not enjoyed by the citizen of India.

4. Right to Freedom of Religion: In the preamble we read that secularism is a feature of Indian constitution. This secularism is ensured in the constitution by using the Right to Freedom of Religion. It ensures the positive aspect of secularism. Articles 25 to 28 of the constitution guarantee the right to freedom of religion to the citizen. The four articles of the constitution says thata) Text Box: Popular musician AR Rahman was originally a Hindu but he adopted and practiced Islam using the right to freedom of religion Freedom of conscience and free profession, practice and propagation of religion: article 25 of the constitution provides the freedom of conscience and the right to profess, practice and propagate any religion. This means there is no state religion in India and all religions are equal. People enjoy the right to practice any religion that he or she likes.

b) Freedom to manage Religious Affairs: In Article 26, the constitution lays down that every religious domination of any section has the right to establish and maintain institutions for religious and charitable purpose, to manage its own affairs in matters of religion, to own and acquire movable and immovable property, and to administer such property in accordance with law.

c) Freedom as to payment of taxes for promotion of any particular religion: Under Article 27, the constitution lays down that no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

d) Freedom as to attendance at religious instruction or religious worship in certain educational institutions: Under Article 28, the constitution lays three important rights. These are(i) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (ii) However, it does not apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (iii) No person attending any educational institution can be forced to participate in a religious worship that may be conducted in the institution.

This right has certain qualifications. Exercised of this right is subject to public order, morality and health.

5. Cultural and educational rights: We know that India is a country with many languages, religions and cultures. The constitution, by cultural and educational rights provides measures to protect these. Article 29 and 30 of Indian constitution provide that minority shall have the right to conserve its own language, script, literature and culture. The idea of incorporating the culture and the educational rights in the Constitution is to enable the minorities to conserve their culture. The Constitution guarantees these rights by laying down thata) Right to maintain Language, Script and Culture: Under the Article 29 of the constitution of India it lays down that any section of the citizens residing in India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. The Article also lays that citizens shall not be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

b) Right of minorities to establish and administer educational institutions: Article 30 of the Constitution admits that all minorities, irrespective of religion or language, shall have the right to establish and administer educational institutions of their choice. According to the Article in making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed. The State shall not also, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. These rights granted under these Article tries to promote culture and education both minorities and majorities of the society in homogeneous way. Based on the philosophy we found in the preamble, these rights ensure every citizens right to equal and uniform behavior of the state toward its citizens culture.

6. Right to Constitutional Remedies: Article 32 of the Constitution of India provides for the enforcement of rights to constitutional remedies. As we know that rights in order to be meaningful must be enforceable and backed by remedies in case of violation. Our constitution therefore not only guarantees certain fundamental rights

but under this article providing the right to constitutional remedies also guarantees the right to move to the Supreme Court for its enforcement. The Constitution, by this article ensures that(i) The right to move the Supreme Court by appropriate proceedings for the enforcement of the fundamental rights. (ii) The Supreme Court shall have power to issue directions or orders or writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of these rights. (iii) Without prejudice to the powers conferred on the Supreme Court, the Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court for fundamental rights. (iv) This article also says that the right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. According to this Article a citizen can move to the Supreme Court for getting his fundamental rights.

Text Box: Features of Fundamental Rights We can find the followings as features of Fundamental Rights of Indian Constitution: 1. Elaborative and comprehensive Fundamental Rights. 2. Special Rights for the minorities. 3. Both negative and positive rights. 4. Some Rights are for both Citizen and others and some are only for citizens. 5. Fundamental Rights are not absolute. 6. Constitution also looks at enforcement of the Fundamental Rights. 7. Parliament has the power to amend Fundamental Rights. 8. Provision for suspension of Fundamental Rights. 9. Constitutional superiority of the Fundamental Rights. 10. Fundamental Rights apply not only to the state and its agencies but also to private individuals and organizations. These six are the fundamental rights guaranteed in part III of the constitution. While looking at these rights we can see that some of them are available for all persons and some of them can be claimed only by the Indian Citizens. For examples- equality before law and equal protection of all laws, protection in respect of conviction for offences, protection of life and personal liberty, free and compulsory education for children of 6-14 years, protection against arrest and detention in certain cases, freedom of religion are for all irrespective their citizenship. On the other hand non discrimination on the ground of religion, race, caste, sex etc. equal opportunity in public employment, freedom of speech, expression are only for citizen of India.

Features and Significance of Fundamental Rights:

Justice Gajendragadkar described, narrating the significance of Fundamental Rights as the very foundation and cornerstone of the democratic way of life ushered in India by the constitution. It represents the basic values cherished by the people of this country. These were included in the constitution because they are essential for the development of every individual and to preserve human dignity. The democracy will not have any meaning without these rights. The Fundamental Rights guaranteed under the constitution not only protects but also prevent gross violation of human rights. These rights emphasize on the fundamental unity of India by guaranteeing to all citizens the access and use of the same facilities, irrespective of background. We already know that some fundamental rights apply for persons of any nationality and others are available only to the citizens of India. This indicates us how these are so important that even a non citizen must enjoy it. We know that some rights are positive and some are negative. Fundamental rights primarily protect individuals from any arbitrary state actions, but as some are negative they are enforceable against individuals. For example abolition of Untouchability and prohibition of begar by the constitution check both on state action as well as the action of private individuals. You may have heard about Kasab, who was arrested in Mumbai. He was a non Indian citizen and he was arrested for his unlawful activity. India had not punished or killed him without a trial as the constitution in Fundamental Rights does not permit that. This implies the significance of these rights. Directive Principles of State Policy: After knowing about the Fundamental Rights, it is also important for us to know about the guiding principles that are available in the Constitution to direct the state. Dr. BR Ambedkar said about the Directive Principles of State Policies as the Novel feature of the Constitution. But what we understand by Directive Principles of State Policies? What is its significance in the constitution? Where these principles are recorded? What is the History of this Directive Principles of State Policy? Directive Principles of State Policy are non-justiciable but fundamental instructions or guidelines to the government in a state. They are the guidelines to the central and state governments, to be kept in mind while policy and law framing. In Indian Constitution Part IV of the Constitution deal with these principles. These are not enforceable in the court, but the principles laid down therein are basic in the governance of the country. The Constitution of India, from Article 36 to 51 lays down the Directive Principles of State Policy. The Directive Principles of State Policy are the restatement of the ideas stated in the Preamble. They are to serve as institutions to the governments to act in a way so as to promote fraternity and equality and to guarantee justice and liberty to the people.

L.M. Singhvi said about it as Directive principles are the life giving provisions of the Constitution and it constitute the stuff of the Constitution and its philosophy of social justice (Avasthi, 2004; 239). The purpose of these is to secure social and economic justice and equality of opportunity and status. In Article 38 of our Constitution, we can find as The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. It further explains that The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Origin of Directive Principles of State Policy in India: When we were reading the first chapter of this book, we read about the influence of Irish Constitution to our Constitution. The Directive Principles of State Policy, which we are now talking about, is also influenced by that. In Irish Constitution this Directive Principles of State Policy are known as Directive Principles of Social Policy. Besides the Irish Constitution, there are some more sources of origin of Directive Principles of state Policy. Concept of Welfare State has inspired the members of Constitutional Assembly to come out with Directive Principles of State Policies. When we will read the principles included in the constitution, we will see that Declaration of Right of man proclaimed by France Revolution, American Declaration of Independence, United Nations Universal Declaration of Human Rights and the experiences collected from British rule and Indian Freedom Struggle have also directly or indirectly influenced the maker of the constitution for incorporating some directive principles. Text Box: Directive Principles of Social Policy of Irish Constitution: Article 45 outlines a number of broad principles of social and economic policy. Its provisions are, however, intended solely "for the general guidance of the Oireachtas", and "shall not be cognisable by any Court under any of the provisions of this Constitution" (preamble to Article 45). The "Directive Principles of Social Policy" feature little in contemporary parliamentary debates. However, no proposals have yet been made for their repeal or amendment. The principles require, in summary, that: "justice and charity" must "inform all the institutions of the national life". Everyone has the right to an adequate occupation. The free market and private property must be regulated in the interests of the common good. The state must prevent a destructive concentration of essential commodities in the hands of a few. The state must supplement private industry where necessary. The state should ensure efficiency in private industry and protect the public against economic exploitation. The state must protect the vulnerable, such as orphans and the aged. No one may

be forced into an occupation unsuited to their age, sex or strength. Source: wikipedia Directive Principles of State Policy in Indian Constitution:

The Constitution of India has incorporated several types of Directive Principles. These principles largely reflect the philosophy of the Constitution and the Preamble. These principles are however not systematically arranged in the constitution and also not classified in any categories. But for understanding it in better way many scholars have categories it in different categories. Prof M.P Sharma has classified these into three categories, viz. Socialistic, Gandhian and Liberal intellectualistic. Here to understand these principles in a better way, we can classify these into four broader categories, viz. Socialistic principles, Gandhian principles, Liberal principles, and Miscellaneous Principles.

Socialistic principles:

The socialistic category of Directive Principles aims at securing a welfare socialist state. These principles say that state shall endeavor to achieve Social and Economic welfare of the people. Lets see what are the principles that can be include in this category and in which article they are mentioned. 1. Article 38 of the Constitution declares that the primary concern of the state is to promote welfare of the people and to create a social order in which social, economic and political Justice is ensured by all the national institution. This principle says that state shall try to secure the welfare of people by securing a just social order. 2. According to Article 39, the state shall direct its policy towards securing-

Text Box: MGNREGA and DPSP of Socialistic State The act is to ensure livelihood of rural people. 1. Every rural household has right to work. 2. Inclusion of SC, ST and women in the program. 3. Equal pay for equal work for both man and women. 4. Healthy working condition at work site. a) Adequate means of livelihood to all citizens, both men and women.

b) Distributing the ownership and control of the material resources of the community for common good. c) State shall try that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

d) Based on the principle of equality, securing equal pay for equal work for both men and women. e) Securing suitable and healthy employment for men, women and children, so that their health is not undermined. State shall also try to see that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. f) To secure that, children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and to protect children and youth from exploitation and against moral and material abandonment. 3. According to Article 41 of the Constitution, the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. 4. This category also includes the Article 42, where it says that state shall make provisions for securing just and humane conditions of work, and for maternity relief. 5. According to Article 43, to secure to all workers, work, a living wage, conditions of work ensuring a decent standard of life, and full enjoyment of leisure and social and cultural opportunities. According to Article 43(A) state shall secure participation of workers in the management of industries. 6. Article 46 directs that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. Overview of Articles of Part IV Art. 36: Provides the definition of the word state. Art. 37: Non-justiciability of any provision contained in this part of the Constitution. Art. 38: Mandates the state to strive for the social welfare of the people. Art. 39: Lists the principles to be followed by the state while carrying out its policy, notably, to provide adequate means of livelihood to people, distribution of resources and prevention of concentration of wealth in few hands. Art. 39A: Secures equal justice and free legal aid for the people. Art. 40: Provides for organization of Village Panchayats. Art. 41: Provides work, education and public assistance to unemployed, sick and old age. Art. 42: Provides for just and humane conditions of work and maternity relief.

Art. 43: Provides for decent standard of life for all workers. Art. 43A: Directs to provide participation of workers in management of industries. Art. 44: Mandates a Uniform Civil Code for whole of the country. Art. 45: Provides for free and compulsory education. Art. 46: Directs to work for benefit for backward communities. Art. 47: Mandates to raise the level of nutrition. Art. 48: Directs to improve animal husbandry and agriculture. Art. 48A: Provides for improvement for environment. Art. 49: Provides for care of monuments. Art. 50: Separation of Judiciary and Executive. 19. Art. 51: Lays down principles of International policy. 7. Another Directive Principle lays in this category is that state shall, according to Article 47, do its best to raise the standard of living of its people and the improve public health.

Gandhian principles:

There are certain Directive Principles in the constitution, based on the ideals advocated by Mahatma Gandhi. These Principles are as follows: 1. Article 40 directs the state to organize Village Panchayats and endow them with adequate powers and authority. 2. Article 43 directs the state to promote cottage industries on an individual or cooperative basis in rural areas. 3. Article 46 direct the state that it shall promote with special care the educational and economic interests of the weaker sect ions of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. 4. Gandhian Principle covers Article 47. This article guides state to secure the improvement of public health and the prohibition of intoxicating drinks and drugs.

5. According to article 48, the State shall preserve and improve the breeds and prohibit the slaughter of cows, calves and other milch and draught cattle.

Liberal principles:

There are some liberal principles also to direct the state in India. These principles are1. The Directive Principles of State Policy in Article 39(A) direct the state to provide free legal aid to the poor so that justice is not denied to any citizen because of poverty. 2. According to Article 44, the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. 3. The State shall endeavor to provide, according to Article 45, free and compulsory education for all children until they complete the age of fourteen years. 4. According to the Article 50, the State shall take steps to separate the judiciary from the executive in the public services of the State.

Miscellaneous Principles:

Suggestion by National Commission to Review the working of the Constitution National Commission setup for reviewing the Constitution suggesting improvement in working of Constitutional mechanism stated that the State should derive appropriate mechanism for realization of Directive Principles. In view of the Commission, there must be a body of high status which first reviews the state of the level of implementation of the Directive Principles and Economic, Social and Cultural Rights and in particular, 1) the right to work, 2) the right to health, 3) the right to food, clothing and shelter, 4) right to education upto and beyond the 14th year, 5) the right to culture. Apart from the above three categories of Directive Principles, there are some general Directive Principles also. We will read these principles as miscellaneous Directive Principles. This category covers directives related international behavior and other directives. Let us see the directives that we can bring in this category. 1. The Article 48(A) directs the state for protection and improvement of environment and safeguarding of forests and wild life. According to this article The

State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country. 2. Protection of monuments and places and objects of national importance is another directive principle in Indian constitution. According to Article 49, it shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruct ion, removal, disposal or export, as the case may be. 3. Article 51 directs the state to adopt policies on the basis of following principlesa) Promote international peace and security. b) Maintain just and honorable relations between nations. c) Foster respect for international law and treaty obligations in the dealings of organized peoples with one another. d) Encourage settlement of international disputes by arbitration.

Significance of Directive Principles of State Policy:

Now we learn about the Directive Principles of State Policy. We also know that these are non-justiciable. Still why these principles are so important that we recognized it as an important part of Indian Constitution? Here we will learn about its significance and importance in the constitution. Many people have criticized the Directive Principles of State Policy as they do not have constitutional significance. But though these are not enforceable, they have value. Article 37 declares it as fundamental in governance. They guide the Union and the State Legislature in enacting social reform legislation. So, it is their responsibility to implement these principles. According to Article 355 it is the duty of the Union to ensure that the Government of every state is carried on in accordance with the Constitution and as these Implementation of Directive Principles

1. 2.

Abolition of Zamidari System and Land Reforms. Rejuvenating Rural and Urban Local Government institutions.

3. Special Protection of weaker sections of the society- women, children, Backward Caste and Tribes. 4. 5. 6. 7. Support to Small Scale and Cottage Industries. Free and Compulsory Education Programs. Development of Agriculture and Animal Husbandry. Panchsheel and Non-alignment in International Relation.

8. National Missions and Programs like NRHM, MGNREGA, SSA, Food Security Bill have been launched to uplift health employment, livelihood, Education etc. Principles are part of the constitution it is the duty of the Union to see that every State taken proper step for its implementation. Apart from these Constitutional Validity of many laws can be maintained and checked with reference to Directive principles. Directive principles guide the future policies of the state and declare the ideal of the welfare state. These Principles ensure continuity in the policies of the government and supplement the fundamental rights and freedom of the people. They constitute a manifesto for securing the socio-economic foundation of India which is pleaded for in the Preamble. The Planning Commissions have accepted these policies as useful guidelines for determining their approaches to national reconstruction and transformation. Talking about Directive Principles of State Policy DD Basu said that it is important both in the matter of administration and law making (Basu, 2011: 151). Dr. B R Ambedkar observed in the Constitution Assembly as if any Government ignores them, they will certainly have to answer for them before the electorate at the election time (Avasthi, 2004: 242). Austin observed these as aimed at furthering the goal of social revolution (Basu, 2011: 155).

Fundamental Duties:

We have learned about Fundamental Rights and Directive Principles. But Indian Constitution not only talkes about Rights but also duties. Rights and Duties are related to each other in such a way that the rights of one person entail the duties of another (Borbora in Duttas editd, 2011: 94). So, for us it is equally important to know about the Fundamental Duties incorporated in Indian Constitution, while understanding its basic structure.

Fundamental Duties are those moral obligations of all citizen of a country that are necessary to uplift a spirit of patriotism and to uphold the unity of the nation. Western Countries have given less prominence to the duties than the rights, but socialist states give equal importance to both. The international documents, such as, the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights give importance to fundamental duties. Apart from India Constitutions of Italy, Peoples Republic of China, Netherlands, and Poland etc. also contain duties of the citizens.

The Original Constitution did not have any definite part on Fundamental Duties of the citizen. These were incorporated in the Constitution in Part IV A by the Forty-second Amendment Act of 1976, during the operation of the proclamation of Emergency. A Committee called Swaran Singh Committee was established in February 1976 for suggesting constitutional reforms and it in May, 1976 besides other things, recommended for incorporation of a list of Fundamental Duties. Though it came belatedly, it does not mean that before the Forty-second Amendment the citizens had no duty. In Article 33, the constitution mentioned some responsibilities of the armed forces. Fundamental Rights in Part III also implied a corresponding duty and obligation of the citizens. But only after this Amendment a separate Part as part IV A was created and 10 Fundamental Duties were included in Article 51 A. These duties are in consonance with article 29(1) of Universal Declaration of Human Rights which says Everyone has duties to the community in which alone the free and full development of his personality is possible (Levin, 2008: 129).

In support for a list of Fundamental Duties it is said that in post independent India, particularly on the eve of emergency in June, 1975, a section of the people showed zeal in emphasizing the fundamental rights and showed no anxiety to fulfil their fundamental obligations of respecting the established legal order and it is fundamental duties which can sober these anti-national spirit.

We read that 10 duties were incorporated by 42nd Amendment. But Article 51 A was amended by 86th Amendment and the number of Fundamental duties increased to 11. Let us see the duties that are incorporated in the Constitution as Fundamental to its citizen. National Flag

(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) Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

The above duties these were incorporated with an intension of establish democratic balance. These Duties are important for upholding national integration and for social and cultural development. They also promote rights in parallel. So, these duties are very significant. But as there is no provision in the constitution for direct enforcement of it and nor their in any provision to prevent or punish their violation these are not regarded as significant.

Conclusion:

In the introduction part of the chapter we had found some questions that asked structure and philosophy of the constitution, guiding principles of the government, duties of citizen etc. Now after reading about preamble, nature, feature and structure of the constitution, fundamental rights, duties and Directive Principles, we have found that the constitution with a definite structure and philosophy guide the citizen and the government some principles and ensure some rights. But this does not complete our whole understanding of our constitution, Government and Politics of India. In the next few chapters we will read more important issues of Indian political system.

Suggested readings:

2. 3.

Avasthi, A.P (2004), Indian Political System, Educational Publishers, Agra. Basu, DD (2011), Introduction to the Constitution of India, LexisNexis, Nagpur.

4. Dutta A.R. (ed: 2011), Political Theory: Issues, Concepts and Debates, Arun, Guwahati. 5. Kashyap, S.C (2011), Our Constitution: An Introduction to Indias Constitution and Constitutional Law, NBT, New Delhi. 6. Singh, MP& Saxena, Rekha (2010), Indian Politics: Contemporary Issues and Concerns, PHI, New Delhi. 7. Levin Leah (2008), Human Rights: Questions and Answers, NBT, New Delhi.

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COUNTER INSURGENCY ACTIVITIES AND HUMANITARIAN LAWS IN CRISIS: Understanding the experience of ULFA and Human Rights violation Counter Insurgency Activities and Humanitarian Laws in crisis:

Understanding the experience of ULFA and Human Rights violation

Merrychaya Patiri, Research Scholar, Deptt. GOOD GOVERNANCE IN PERSPECTIVES Introduction:

How do we, in general look at governance? What do we mean by it? Do we only stick ourselves with mere governing when we talk about governance or do we include other important perspectives to understand that? When we talk about Good Governance, how do we different it from ordinary gove STRUCTURE AND FEATURES OF INDIAN CONSTITUTIONS Abstract:

After understanding the legacies of freedom movement and legacies of colonial rule, now in this chapter we will read the concept of constitution and structure and features of Indian constitution. What is constitution

The constitution is a set of elementary principles or established precedents to govern a state. It is a written or unwritten document constitute of rules and principles. It puts down the basic framework of a political system to govern. Civil Society Organizations in formulating Public Policy in India: Case of anti corruption agency Lokpal Introduction:

In India, where the state occupies central figure in delivering social welfare to its citizen, public policy celebrates a significant role. Public policy has assumed considerable importance in response to the increasing complexity of the society. Social Security and India Introduction:

The role of political association in shaping and promoting human well-being has been a central focus of the attentions of many political thinkers from the enlightenment period and before.i This list of thinkers includes Aristotle, Rousseau, Mill, Alexis de Tocqueville, and Gandhi et Political socialisation in Closed and open society Introduction:

For a sustaining political order political socialization is an important process. It is political socialization through which a nation or a society educates its succeeding generation to participate in political activities. Data collection in social science research Introduction:

Research is an art of scientific investigation. In social science empirical research is a very important activity. In political science also empirical research plays an important role. In an empirical research Data is an important component. MNREGA and Social Inclusion of women in Rural Employment: Image, Importance and implementation in neo-liberal state.

jointly prepared by: Pankaj and Bitapi

In politics state has always been occupying a central figure, either as a political institution or an institution with the responsibility of the welfare of its citizens. State, therefore has also bears the debate about its nature and contents. Sustainable Development and Indian manifestos: A study of haves and have-nots. by: Pankaj BOra and Maniki Madhuri Sarma

Introduction:

We believe, do you? We believe that environment constitutes a very important part of our life but human development actions in last few decades have challenged it. BEHAVIORAL AND POST BEHAVIORAL APPROACH TO POLITICAL SCIENCE Meaning and definition of Behavioural Approach:

The behavioural approach to political science mainly emphasizes on scientific, objective and value free study of political phenomenon. This approach stresses upon the use of empirical as well as scientific methods of study political behavior. POLITICAL SCIENCE Political Science:

We have already read the meaning of the term politics. Now we will see what political science means. Many a times, the two terms politics and political science are used interchangeably. Aristotle used the term politics instead of political science. POLITICS Politics is a widely observed phenomenon. Every social being is a part of politics. In general parlance, politics referred to the activity of the individual and social groups, which express their wills and interests in ordering and managing public affairs. Sustainable Development: concept and development.

Pankaj Bora

Concept of Sustainable Development:

Development refers to the yearning for a better life. This development should be environment friendly. It is why Sustainable Development is the need of the time. NRHM and Titabar. My visit to Titabar Block:

A report on NRHM in Titabar

As part of my field visit in the Project, I went to Titabar Block from 15th to 25th of September, 2010. There, I visited nine institutions including eight Sub Centres and one PHC that Block. Operation Rhino of 1991 and Violation of Human Rights in Assam Operation Rhino of 1991 and Violation of Human Rights in Assam

The concept of human rights is a very challenging issue now a day. Human rights are simply defined as the rights which every human being is entitle to enjoy and protected. Jatioya Abhibartan- the joint national convention. Jatioya Abhibartan- the joint national convention.

By Pankaj Bora

Introduction:

Jatioya Abhibartan which was also known as joint national convention was a convention for bringing peace in Assam.

A Comparative Study of Ahom Administration With Indian Administration TITLE:

A Comparative Study of Ahom Administration With Indian Administration

Introduction:

The Ahom are members of the Shan branch of Tai or Thai family of the South East Asia. They entered in early 13th century from the eastern side and ruled Assam for 600 years. 1 ASSAM MOVEMENT: A THEORETICAL OUTLOOK TITLE:

ASSAM MOVEMENT:

A THEORETICAL OUTLOOK

Jointly Prepared by Pankaj Bora and Bitapi Bora.

Any part of the work is not permitted to reproduce without prior permission of the authors.

Introduction:

Social Movements are the popular uprisings. DEVELOPMENT AND HUMAN RIGHTS VIOLATION IN INDIA

TITLE:

DEVELOPMENT AND HUMAN RIGHTS

VIOLATION IN INDIA

INTRODUCTION:

The concept of human rights is a very challenging issue now a day. Human rights are simply defined as the rights which every human being is entitle to enjoy and protected. ARMED FORCES SPECIAL POWER ACT AND VIOLATION OF HUMAN RIGHTS IN NORTH EAST INDIA TITLE:

ARMED FORCES SPECIAL POWER ACT

AND VIOLATION OF HUMAN RIGHTS

IN NORTH EAST INDIA

INTRODUCTION:

Independent India hangs on to many cruel measures created by the Colonial rulers. POSTMODERNISM: A THEORITICAL ANALYSIS TITLE:

POSTMODERNISM,

A THEORITICAL ANALYSIS

Introduction:

Postmodernism is an idea that has been controversial and difficult to define among scholars, intellectuals and historians because it is a concept that appears in a wide variety of discipline or area of study. 1 New trends in political theory TITLE:

New trends in political theory

Fundamental Rights, Constitution of India


Political theory defines conception regarded as political. Political theory as a part of political science deals with political ideas, values and concepts. Political theory means overwhelm analysis of what exactly construct political orders. he Constitution of India guarantees six Fundamental Rights to the citizens. Right to Equality is the foremost right guaranteed to the citizens of India. It is provided in Articles 14, 15, 16, 17 and 18 of the constitution. This right is regarded as the principal foundation of all other rights and liberties. The Right to Equality guarantees Equality before law as per which citizens shall be equally protected by the laws of the country. Article 15 of the constitution states that there will be social equality and equal accessibility to public areas and no person shall be discriminated on the basis of caste, religion and language. Equality in matters of public employment is provided in Article 16 of the constitution of India that defines that all citizens can apply for government. Article 17 puts forth abolition of untouchability. The practice of untouchability is an offense and anyone found doing so is punishable by law. Abolition of titles is another right to equality described by the

Article 18 of the constitution. It forbids the state from conferring any titles to the citizens of India.

Among the Fundamental Rights, Right to freedom is included in the articles 19, 20, 21 and 22. Right to freedom includes Freedom of speech and expression, Freedom to assemble peacefully without arms, Freedom to form associations or unions and Freedom to move freely throughout the territory of India. Furthermore, Right to freedom also states that citizens have the Freedom to reside and settle in any part of the territory of India and also have the Freedom to practice any profession or to carry on any occupation, trade or business. However, subject to reasonable restrictions by the State in the interest of the general public. Certain safeguards are envisaged to protect the citizens from exploitation and coercion.

Right against exploitation is another essential among the Fundamental Rights. This right is given in the Articles 23 and 24. It provides for two provisions such as abolition of trafficking in human beings and forced labour. The right also lays down abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines. Right to freedom of religion is included under articles 25, 26, 27 and 28. It provides religious freedom to all citizens of India and sustains the principle of secularism in India. The Constitution provides that all religions are equal before the state and no religion shall be given preference over the other. Citizens are free to preach, practice and propagate any religion of their choice.

Fundamental Rights also provided Cultural and educational rights to its citizens and it is covered in Articles 29 and 30. According to this right ant community which has a language and a script of its own has the right to conserve and develop them. No citizen can be discriminated against for admission in State aided institutions. All minorities, religious or linguistic, can set up their own educational institutions in order to preserve and develop their own culture. Right to constitutional remedies is also provided in the constitution. This right authorises the citizens to move a court of law in case of any denial of the fundamental rights. The courts can issue various kinds of writs and these writs such as habeas corpus, mandamus, prohibition, quo warranto and certiorari. These writs help preserving and safeguarding the fundamental rights of the citizens of India.

Another prominent among the Fundamental Rights was the Right to property. Right to property in order to guarantee to all citizens the right to acquire hold and dispose off property. However, the 44th amendment act of 1978 removed the right to

property from the list of Fundamental Rights. Article 300-A, was added to the Constitution which provided that `no person shall be deprived of his property save by authority of law`. Fundamental Duties, Constitution of India Fundamental Duties were added in the Constitution of India by the 42nd Amendment Act and are identified as the moral obligations of the civilians

Fundamental Duties, Constitution of IndiaFundamental Duties in India are guaranteed by the Constitution of India in Part IVA in Article 51A. These fundamental duties are recognized as the moral obligations that actually help in upholding the spirit of nationalism as well as to support the harmony of the nation, as well as of the citizens. These duties are designed concerning the individuals and the nation. However, these fundamental duties are not legally enforceable. Furthermore, the citizens are morally obligated by the Constitution to perform these duties. These Fundamental Duties were added by the 42nd Amendment Act in 1976.

Article 51-A of the constitution provides 10 Fundamental Duties of the citizen. These duties can be classified accordingly as relating to the environment, duties towards the state and the nation and also towards self. However, the main purpose of incorporating the fundamental duties is to encourage the sense of patriotism among the country`s citizens.

The international instruments, such as, the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights include reference of such fundamental duties. These Fundamental Duties are such commitments that expand to the citizens as well as the state at large. According to the Fundamental Duties, all the citizens should respect the national symbols as well as the constitution of the country. The fundamental duties of the land also intend to uphold the right of equality of all individuals, defend the environment and the public property, to build up scientific temper, to disown violence, to struggle towards excellence and to offer compulsory education. In addition, the 11th Fundamental Duty of the country was added in the year 2002 by the 86th constitutional amendment. It states that every citizen who is a parent or guardian, to offer opportunities for education to his child or, as the case may be, ward between the age of 6 and 14 years.

Fundamental Duties of Indian Citizens are as follows -

* To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

* To cherish and follow the noble ideals which inspired our national struggle for freedom;

* To uphold and protect the sovereignty, unity and integrity of India;

* To defend the country and render national service when called upon to do so;

* 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;

* To value and preserve the rich heritage of our composite culture;

* To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;

* To develop the scientific temper, humanism and the spirit of inquiry and reform;

* To safeguard public property and to abjure violence;

* 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

The Fundamental Duties of Indian citizens serve an imperative purpose, as a democratic polity cannot succeed if the citizens refuse to assume responsibilities and duties and are not enthusiastic to be active participants in the process of

governance. The Fundamental Duties are considered as the responsibilities which should be performed by each and every civilian of India.

Indian Citizenship
The Indian Constitution provides for a single citizenship for the entire country. More on Indian Citizenship Anglo - Indians

The Indian Constitution, which came into force on 26th January 1950 provides for single citizenship for the entire country. Matters concerning Indian citizenship are contained in Articles 5 to 11 in Part II of the constitution of India. The law states that any person born in India on or after 26th January but before the commencement of the 1986 Act was a citizen of India. A person born in India after 1 July 1987 was a citizen of India if one of the two parents was a citizen of India at the time of birth. The law further states that those born in India on or after 3rd December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of birth.

Under the category of citizenship by descent any person born outside India on or after 26 January but before 10 December 1992 are citizens of India by descent only if their father was a citizen of India at the time of their birth. Those born after 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth. However, according to the Citizenship (Amendment) Act 2003, any person born outside India after 3, December 2004, shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth.

The Indian Constitution also provides the provision where by an application a person can be registered as a citizen of India under section 5 of the Citizenship Act 1955 if he belongs to any of these categories.

According to Indian Constitution there are few points: A person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;

A person of Indian origin who is ordinarily resident in any country or place outside undivided India;

A person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;

Minor children of persons who are citizens of India;

A person of full age and capacity whose parents are registered as citizens of India by ordinary residence in India for seven years;

A person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;

A person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.

Citizenship by naturalisation can be acquired by a foreigner who has resided in India for twelve years. The applicant must have lived in India for eleven years in a period of fourteen years. Added to this is the point that the last twelve months preceding the application must be spent in India.

Giving up of Indian citizenship or renuncation is covered in Section 8 of the Citizenship Act of 1955. If an adult declares that he/ she wants to renounce Indian citizenship, then the person loses it. A minor child of that person also loses Indian citizenship from that date of renunciation. However the child has the right to resume Indian citizenship when he reaches the age of eighteen.Termination of Indian citizenship is covered under Section 9 of the Citizenship Act, 1955. Section 9 (1) of the Act provides that any citizen of India who acquires the citizenship of another country by naturalisation or registration shall cease to be a citizen of India.

In India there now exists the provision for a new form of Indian nationality, the holders of which are known as Overseas Citizens of India. Although the Constitution of India does not permit dual citizenship or dual nationality except in the case of minors where the second nationality was involuntarily acquired.An Overseas Citizen of India will enjoy all rights and privileges enjoyed by Non Resident Indians, excluding the "right to invest in agriculture and plantation properties".

State Governments in India


Unicameral or bicameral Legislatures are essential part of the State Government in India including Governor and the C.M.

More on State Governments in India

The Constitution of India describes that the powers are divided in the union and the state. India comprises of twenty-eight states and seven Union territories and consists of a Sovereign, Secular, Democratic Republic with a Parliamentary form of government. Thus in every state, like the centre, the Governor is the representative of the President. He is the head of the State Government in India. Nevertheless the functioning of government in states is quite similar to the system of Union. It is constitution of India that describes the structure of the state government. According to Article 153 of the constitution, the executive power of states will rest with the Governor and there would be a council of ministers that is headed by Chief Minister. The main function of the Chief Minister is to advice the governor to give out his executive functions. As the Parliament, the states also include state assemblies. The legislature of the state consists of the Governor and the Legislative Assemblies. In India few states posses bicameral legislature that is the existence of two houses such as the Legislative Assembly and the Legislative Council. There are certain states like Andhra Pradesh, Bihar, Uttar Pradesh, Maharashtra, Tamil Nadu and Karnataka have a Legislative Council. Whereas other states of India are unicameral in nature. In a unicameral state only one house exists and thus most of the states have a Legislative Assembly.

According to the constitution, the Legislative Assembly of a state shall consist of not more than 500 and not less than 60 members who are chosen by direct election from the territorial constituencies. The Legislative Assemblies function with a period of five years and the Council remains continuing and is not subject to dissolution. All powers of the State Government in India vests in the Governor of a state and the Head of a state is the Chief Minister, is the member of the Lower House. The figurehead of the state, the Governor is appointed by the President according to the advice of the national government. The governor calls for the suitable candidate to form the government. Moreover, the governor can also call for early elections in the state if he thinks there is a failure in the State government machinery. At the state level, Chief Minister in India is the voted by the head of the government. They are provided with most of the executive powers. The chief minister is elected and the election also requires an assembly majority. The Chief Minister serves a five-year term with a requirement of re-election. Furthermore, the composition of Council of Ministers in a state effects the administration of the state. The Council of Ministers comprises of the Ministers of important departments and the Ministers of the State. The Council of Ministers are elected by the citizens of state in the general elections held after every five years. The MLA`s or the Members of the Legislative Assembly unanimously choose their leader as the Chief Minister of the State. The Chief Minister, then assigns the portfolios to the various members who form the Council of Members. The other elected members are appointed as the Minister of State. State Government in India functions on the basis of federal relations between the state and central government. However, the central government has more authority on state matters than the state government. Moreover, if the political conditions in any state declines, the national government allows the President to declare President`s rule in that specific state. As the Parliament has the power to make laws for the whole of or any part of the territory of India. The State Government in India also possesses power to make laws for the States. The subjects on which legislation can be enacted are specified in the Seventh Schedule of the Constitution. There are certain subjects that provide exclusive power to the State Legislatures to make laws in relation to items appearing in List II. This list is termed as the ``State List``. This list includes items like public order, police, public health, communications, agriculture, taxes on entertainment and wealth, and sales tax. There are certain items appearing in List III of the Constitution known as ``Concurrent List`` that include items like electricity, newspapers, criminal law, marriage and divorce, stamp duties, trade unions, price controls and both Parliament and the State Legislatures have the power to legislate.

Indian Judiciary
Indian Judiciary is an independent judiciary system, which consists of Supreme Court, High Courts and District courts, and is focussed on integrating the country.

Indian Judiciary is an integrated and unified system. Indian judiciary system is formed on the basis of the British Legal System, which was prevalent in the country during pre-independence

era. Very few amendments have been made in the judicial system of India. Part V, Chapter IV of the Constitution of India deals with the Indian judicial system. The Indian Judiciary is organised in a hierarchical form. At the bottom there are numerous Nyaya Panchayats and at the apex there is the Supreme Court. In between the two there are district courts and the High Courts. The Indian courts of adjudication are divided into two groups - Civil courts and Criminal Courts. The courts that deal in general disputes regarding land, property and other such things are called Civil Courts. Criminal Courts are those that deal with murder, riot as well as looting. The Supreme Court, the High Courts and the lower Courts constitute a single Judiciary. Broadly there is a three - tier division. Supreme Court and High Courts In the Indian Judiciary, the Supreme Court is the Apex court in the country. According to the Constitution of India, the role of the Supreme Court of India is that of a centralised court, protector of the Constitution and the highest court of appeal. The High Court stands at the head of the state`s judicial administration. Each state is divided into judicial districts, which is controlled over by a district, and session`s judge, who is the highest judicial power in a district. Below him, there are courts of Civil Jurisdiction, known in different states as Munsifs, SubJudges, Civil Judges etc. Similarly, Criminal Judiciary comprises Chief Judicial Magistrate and Judicial Magistrates of First and Second Class. The High Courts are the principal courts of original jurisdiction in the state, and can try all offences including those punishable with death. The Indian judiciary is famous for being independent and non-partisan. Liberty and equality are the corner stones of a democracy and the preservation of these two conditions is indispensable to the development and is an essential function of a democratic government. The judiciary in India has two fold functions, the preservation of the Constitutional and Legal Rights of all citizens against all encroachments whether by Government or by other individuals. The judiciary is to apply law equally to all irrespective of status, wealth, religion and gender. Thus, judiciary as an organ of the government presents striking difference from the legislature and the executive. This is why the judiciary should be neutral in politics. Appointment of Judges in Indian Judiciary The protection of individual liberty by just and impartial trial is therefore regarded as a sacred duty of the judiciary. Thus, it is necessary to keep the judiciary independent of the control of the Executive and Legislature. The separation of the Judiciary from the Executive and the Legislature is a pre- condition for promoting the ends of justice for which the judiciary stands. The independence of the judiciary depends largely on the way in which the judges are appointed. In India, Judges of the Supreme Court and High Courts are appointed by the Executive. The appointing authority is the President of India, who acts on the advice of the Council of Ministers. But the President is required to consult the Chief Justice of Supreme Court at the time of making such appointments. This principle of nominating of the judges by the Executive from among the legal experts and practitioners is more acceptable than the other systems. The executive nomination of the judges is done with adequate safeguard. Part IV of the Indian Constitution deals with the topic of Separation of Judiciary from executive. Removal of Judges in Indian Judiciary The independence of the judiciary is guaranteed by the Constitution of India which enacts that

every Judge of the Supreme Court will hold office until he attains the age of 65 years and every Judge of the High Court, until the age of 62 years. The Parliament is authorised to prescribe the privileges, allowance, leave and pension of the Judges of the Supreme Court, subject to the safeguard that these cannot be varied during the course of tenure of the judges to their disadvantages. According to the independence of the Indian Judiciary, before removing any judge from his office, there must be a clear probe into the allegations against him and there must be a proper impeachment by the competent authorities following the method embodied in the Constitution of India. Indian Constitution has upheld this provision by laying down that a Judge shall not be removed by the President, except on a joint address by both the House of the Parliament on ground of proved misbehaviour or incapacity. The Constitution of India insulates the Supreme Court and the High Courts from political criticism, and thus ensures their independence from political pressures and influence, by laying down that neither in Parliament nor in a State Legislature the conduct of a Supreme Court or the High Court Judge in the discharge of his duties can be discussed. The independence of judiciary is further protected by treating the superior courts as the Court of Record. The members of the subordinate judiciary are also protected by the provisions of the Judicial Protection Act. Role of Attorney General in Indian Judiciary In Indian Judiciary system, the Attorney General is the chief legal advisor of the Indian Government and its primary lawyer in the Supreme Court of India. He must be a person qualified to be appointed as a Judge of the Supreme Court. The Attorney General for India is appointed by the President of India under Article 76(1) of the Constitution of India and holds office during the pleasure of the President. The Attorney General is responsible for giving advice to the Government of India upon such legal matters and to perform such other duties of legal character as may be referred or assigned to him by the President. Furthermore, the Attorney General has the right of being present in all Courts in India as well as the right to participate in the proceedings of the Parliament. He appears on behalf of Government of India in all cases in the Supreme Court in which Government of India is concerned. He also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution. The Attorney General can accept briefs but cannot appear against the Government. He cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government. The Attorney General is assisted by a Solicitor General and four Additional Solicitors General. The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. Role of Advocate General in Indian Judiciary An Advocate General in India is a senior law officer of a country who is usually charged with advising the courts or Government on legal matters. According to Article 165 of the constitution of India, the post of Advocate General is appointed. The Advocate General of a State is a Constitutional post and authority. The authority and function of the Advocate General is also specified in the Constitution of India under Article 165 and 177. Article 165 States* The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.

* It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law, for the time being in force. * The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine. Article 177 statesEvery Minister and the Advocate-General for a State shall have the right to speak in, and otherwise take part in the proceedings of, the Legislative Assembly of the State, or, in the case of a State having a Legislative Council, Both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member but shall not, by virtue of this Article, be entitled to vote. Judiciary is a part of the democratic process. Judiciary not only administers justice, it is the protector of the rights of the citizens and it acts as the interpreter and guardian of the constitution. Indian Judiciary is thus an important pillar of Democracy in the country.

Supreme Court of India


This is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. Supreme Court came into being on January 28, 1950. The inauguration took place in the Chamber of Princes in the Parliament building. The Chamber of Princes had earlier been the seat of the Federal Court of India for 12 years, between 1937 and 1950, and was the seat of the Supreme Court until the Supreme Court acquired its present premises in 1958. After its inauguration on January 28, 1950, the Supreme Court started its sittings in the Chamber of Princes in the Parliament House. Composition of the Supreme Court of India The original Constitution of India in 1950 supplied the Supreme Court with a Chief Justice and 7 lower-ranking Judges leaving it to Parliament to increase this number. In the past, a full bench of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and cases began to compile, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986. As the number of the Judges has increased, they sit in smaller Benches of two and three coming together in larger Benches of 5 and more only when required to do so or to settle a difference of opinion or controversy. Any bench may refer the case up to a larger bench if the need arises. The Supreme Court of India comprises the Chief Justice of India and not more than 25 other Judges appointed by the President of India. However, the President must appoint judges in consultation with the Supreme Court and appointments are made on the basis of experience and

seniority and not on political pressure. A Supreme Court Judge retires after attaining the age of 65 years. In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for at least five years, been a Judge of High Court or of two or more such Courts incontinuation, or he must be an Advocate of a High Court or of two or more such Courts in succession for at least 10 years, or the person must be, in the opinion of the President, a Renowned Legal Expert . The Supreme Court has always maintained a wide regional representation. It also has had a good number of Judges belonging to different religious and ethnic minorities. The first woman to be appointed to the Supreme Court was Justice Fatima Beevi in 1987. She was later succeded by Justices Sujata Manohar and Ruma Pal. The first Dalit to become a judge was Justice K.G. Balakrishnan in 2000. He also became the Chief Justice of India in 2007. Justice B.P.Jeevan Reddy was so intellectual that he was appointed as the Chairman of the Law Commission of India even though he was not the chief justice of India. Jurisdiction of the Supreme Court of India Original Jurisdiction: It has exclusive original jurisdiction over any conflict between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution grants an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. Appellate (appeal) Jurisdiction: The appellate jurisdiction of the Supreme Court can be raised by a certificate granted by the High Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in respect of any judgement, enactment or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. The Supreme Court can also grant special leave to appeal from a judgement or order of any non-military Indian court. Parliament has the power to enlarge the appeal jurisdiction of the Supreme Court and has exercised this power in case of criminal appeals by enacting the Supreme Court Act, of 1970. Appeals also lie to the Supreme Court in civil matters if the High Court certifies: that the case involves essential question of law of general importance, and that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court: has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or

certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court. Advisory Jurisdiction: The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to the President of India under Article 143 of the Constitution. Judicial independence of the Supreme Court of India The Constitution ensures the independence of Supreme Court Judges in various way. A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of the House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme Court is prevented from practising in any court of law or before any other authorization in India. Powers of the Supreme Court of India to Punish Contempt Under Articles 129 and 142 of the Constitution the Supreme Court has been given the power to punish anyone for contempt of any law court in India including itself. The Supreme Court took an exceptional decision by giving the sitting Minister of the state of Maharashtra to be prisoned for a month on the charge of contempt of court on May 12, 2006. This was the first time that a serving Minister was ever put behind bars.

Chief Justice of India, Indian Administration


Chief justice of India is the highest judge of Indian Supreme court. He is responsible for executing both administrative as well as advisory functions for the government of India.

Chief justice of India is the senior most position in the Indian Judiciary which is usually appointed according to the seniority. As the senior most position within the Indian Judiciary, the chief justice of India is responsible for a number of administrative functions accompanied with its rare responsibility of advising the Indian President on matters of concern. He also bears the responsibility of presiding over the sessions of the Supreme Court of India. Appointment and Tenure Chief justice of India shall be appointed according to article 124 of the Constitution of India. As there was no definite provision as to the appointment of the Chief Justice to the Supreme Court; therefore the process for the selection of the judges to the Supreme Court was applied for the Chief Justice as well. This in practice meant that the most senior judges in the Supreme Court would be selected by the Government of India and suggested to the Indian President who would approve the same and thus the Chief Justice would be selected. Government generally nominates the judge with the maximum experience in the Supreme Court and he would be appointed as the Chief Justice. Chief justice of India once appointed cannot be removed from the office until his retirement or until removed by impeachment or leaves the office with resignation. Overall he

continues to hold the office for a period of next 5 years which is a regular tenure of the Chief Justice of India. Functions of Chief Justice of India Chief justice of India discharges a number of functions which are both administrative as well as advisory. Within its administrative functions it includes allocation of matters to various other judges of the Supreme Court; appointment of court officials; general and other diverse matters that are related to supervision and functioning of the Supreme Court and maintenance of roster. Along with this, the chief justice shall be responsible for the allocation of cases and appointment of constitutional benches that deals with matters of law. As mentioned in article 124 of Constitution of India and the Supreme Court rules and procedure of 1966 the Chief Justice shall be responsible for allocating the work to other judges all over India who are bound to refer to him in cases the matters are to be looked by the bench of higher order. Chief justice of India had been one of the important additions to the general powers of the Supreme Court. After the Emergency, the Supreme Court in consecutive historical decisions bestowed a lot of powers to itself. One of these powers was the declaration that the Government of India would nominate only the senior-most judge of the Supreme Court for the position of Chief Justice. This created the post of Chief Justice of India which had been shared by a number of eminent judges since independence. Some of the known Chief justices of India are H. J. Kania who was the first chief justice of India, after Indian Independence. He joined office on August 15, 1947 and left office on November 16, 1951, AK Gopalan, M. P. Sastri, Mehr Chand Mahajan, B. K. Mukherjea and Sudhi Ranjan Das were the other Chief Justices of India in the following years. Thus Chief justice of India can be regarded as one of the senior most positions of Indian Supreme court which looks after the working of the judicial machinery of India. This also plays an important role in advising the president whenever required.

Attorney General of India


Attorney General of India is the Government of Indias chief legal adviser who is appointed by the President of India. As the primary lawyer of Supreme Court of India he is required to assist the government in all legal decisions.

Attorney General of India is appointed by the Indian President under Article 76(1) of the Constitution of India and holds his office during the pleasure of the president. As the chief legal adviser to Government of India, attorney general is supposed to advice the government on all the legal issues that require hiss advice. In rendering his responsibility he shall be assisted by the Solicitor General of India along with a group of additional solicitor generals. Along with the attorney general of the centre there are attorney generals of respective states who are appointed by the governor of each state.

Attorney General of India like an advocate general is not supposed to be a political appointee in spirit but can attend a parliamentary session without the right to vote. The attorney general has the right to hold audience in every part of India and appears on behalf of the Government of India in all the cases including suits, appeals or other proceedings in the Supreme Court in which the government of India is concerned. He or She shall represent the government of India in any references made by the president to the Supreme Court of India under article 143 of constitution of India. The attorney general is supposed to be consulted only on legal matter of great importance and only after the Ministry of Law and Justice has been consulted. The attorney general can accept the briefs but cannot appear against the Government of India. He cannot at the same time defend any accused who bears a criminal record. Though the post of Attorney general is supposed to politically neutral, yet it faces a number of changes with a change of government at the centre. Whenever a party wins majority and comes to power, it selects its own law officers. At present Goolam Essaji Vahanvati has been appointed as the attorney general of India by the congress led government after the general elections of 2009. Thus the attorney general of India is the chief legal adviser to the Government of India. He is supposed to equip the government with all the latest and relevant legal advises that shall provide a guideline to the government regarding the legal matters.

Preamble of Indian Constitution


Preamble is like a preface of Indian Constitution and highlights the fundamental values and ideas

The Preamble of Indian Constitution reflects the basic structure and the spirit of the Constitution. It is regarded that the preamble serves as a channelising tool for the interpretation of the Constitution as a whole. The preamble acts as the preface of the constitution of India and lays down the fundamental value and philosophical ideas. It represents the entire Constitution in its written words. It contains the basic features of the Constitution and thus considered to be a vital part. The preamble is significant because it highlights the type of society and government it wishes to establish. However, the preamble does not contain laws enforceable in a court but, no law can be enacted or amended in a manner that violates the spirit of the preamble. Thus the preamble of the constitution of India is unamendable or unalterable.

The Preamble of Indian Constitution states: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity;and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUTE ASSEMBLY this twenty-sixth day of November, 1949, do HERE BY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION" The preamble was adopted with the constitution in the constituent assembly. It came into effect in 1950 along with the constitution. The original draft of the constitution opened with the words `Sovereign Democratic Republic` in the first line. The words `Socialist and Secular` were inserted by the 42nd amendment. The same amendment contributed to the changes of the words unity of the nation into unity and integrity of the nation. The significance of the Preamble of Indian Constitution lies in the "We, the people". These words emphasizes that the ultimately powers are vested in the hands of the people of India. The expressions state that the constitution is made by and made for the people of India. In addition to that, the Preamble also lays down the essential national goals for every citizen justice, liberty, equality, and fraternity. According to the Preamble of Indian Constitution, the word `Sovereign` occupies a vital role in the country. It means supreme or independent and embodies India is internally and externally sovereign and is free from the control of any foreign power. Furthermore, the country has a free government which is directly elected by the people and makes laws that govern the people. The word `Socialist` also has significance as it implies social and economic equality. The word was added by the 42nd amendment act of 1976 during the Emergency. In addition to that Social equality identifies the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, or language. Besides, social equality has equal status and opportunities. The preamble also guarantees secularism. The word `Secular` was also inserted into the Preamble by the 42nd amendment act of 1976, during The Emergency. Secularism, implies equality of all religions and religious tolerance and does not identify any official state religion. Preamble of Indian Constitution is also puts forth the terms, Democratic and Republic. India follows a democratic form of government. The people of India elect their governments at all levels such as Union, State and local by a system of universal adult franchise. India is also a Republic, in a country where the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is the titular head of the state. Thus, the Preamble plays pivotal role and serves two purpose including and indicate to the source from which the Constitution derives its authority and stating the objects, which the Constitution seeks to establish and promote.

Amendment of Indian Constitution Amendment of Indian Constitution brings about the necessary changes in the Constitution as and when required.

The Indian Constitution has provided for the Amendment of the Constitution as laid down in Article 368. According to clause of Article 368, `Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.` This power of the Indian Parliament is quite distinct from its ordinary law-making power. Procedure of Amendment of Indian Constitution The procedure is almost the same as in the case of an ordinary bill. Proposals for amendment are to be introduced in either House of Parliament in the form of a bill. An amendment bill is then to pass through the usual stages and when passed by one House, the other House will have to pass the bill in the same procedure. Article 368(2) of the Constitution provides that `An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.` An Amendment Bill after passing through the hurdles requires ratification by the legislatures of one-half of the states in certain specific cases: (a) Articles 54 and 55 which deal with the procedure of Presidential election. (b) Articles 73 and 162 which deal with the extent of executive powers of the Union and of the states. (c) Chapter IV of Part V which deals with Union Judiciary. (d) Chapter V of Part VI which deals with High Courts of states. (e) Article 241 which deal with High Courts for Union Territories. (f) Chapter I of Part XI which deals with legislative relations between the Union and the states. (g) Any of the Lists in the Seventh Schedule, i.e., the Legislative Lists. (h) Article 368 which makes provisions for Constitutional Amendment. An Amendment Bill relating to any of the above category referred to State Legislatures and ratified by a simple majority of each House of State legislatures will have to be assented to by State Governors. The bill then comes to its last stage, namely, the Presidential assent. It is only a formal affair. The President shall give his assent to all such bills. With the assent of the President, the constitution shall stand amended.

There are certain matters which if they require amendment, may be amended in the ordinary process of law-making. Such matters include (i) formation of new states, (ii) reorganisation of existing states, (iii) creation or abolition of Upper Houses in any state. But such changes shall not be deemed as constitutional amendments. The 42nd Amendment Act provides that no Court shall have the power to determine the validity of any constitutional amendment made by Parliament. The 44th Amendment Act tried to delete this provision. But the amendment to this provision had to be dropped because the Rajya Sabha did not accept this. From its inception since 1950, there have been 94 amendments in the Indian Constitution.

Architect of India`s Constitution


Bhimrao Ambedkar played a seminal role in the framing of the Indian Constitution.

After the Second World War, Babasaheb was elected to the Constituent Assembly to decide the way that India - a country of millions of people - should be ruled. How should elections take place? What are the rights of the people? How are laws to be made? Such important matters had to be decided and laws had to be made. The Constitution answers all such questions and lays down rules. This responsibility was entrusted to Ambedkar. When India became independent in August 1947, Babasaheb Ambedkar became First Law Minister of Independent India. The Constituent Assembly made him chairman of the committee appointed to draft the constitution for the world`s largest democracy. All his study of law, economics, and politics made him the best qualified person for this task. A study of the Constitutions of many countries, a deep knowledge of law, knowledge of the history of India and of Indian Society - all these were essential. In fact, he carried the whole burden alone. He alone could complete this huge task. After completing the Draft Constitution, Babasaheb fell ill. At a nursing home in Bombay he met Dr. Sharda Kabir and married her in April 1948. On November 4, 1948 he presented the Draft Constitution to the Constituent Assembly, and on November 26, 1949 it was adopted in the name of the people of India. On that date he said: -I appeal to all Indians to be a nation by discarding castes, which have brought separation in social life and created jealousy and hatred." The text prepared by Ambedkar provided constitutional guarantees and protections for a wide range of civil liberties for individual citizens, including

freedom of religion, the abolition of untouchability and the outlawing of all forms of discrimination. Ambedkar argued for extensive economic and social rights for women, and also won the Assembly`s support for introducing a system of reservations of jobs in the civil services, schools and colleges for members of scheduled castes and scheduled tribes, a system akin to affirmative action. India`s lawmakers hoped to eradicate the socio-economic inequalities and lack of opportunities for India`s depressed classes through this measure, which had been originally envisioned as temporary on a need basis. The Constitution was adopted on November 26, 1949 by the Constituent Assembly. Speaking after the completion of his work, Ambedkar said, "I feel that the Constitution is workable; it is flexible and it is strong enough to hold the country together both in peace time and in war time. Indeed, if I may say so, if things go wrong under the new Constitution the reason will not be that we had a bad Constitution. What we will have to say is that Man was vile." Ambedkar resigned from the cabinet in 1951 following the stalling in parliament of his draft of the Hindu Code Bill, which sought to expound gender equality in the laws of inheritance, marriage and the economy. Although supported by Prime Minister Nehru, the cabinet and many other Congress leaders, it received criticism from a large number of members of parliament. Ambedkar independently contested an election in 1952 to the lower house of parliament, the Lok Sabha but was defeated. He was appointed to the upper house of parliament, the Rajya Sabha in March 1952 and would remain a member until his death.

Making of Indian Constitution


Making of Indian Constitution saw a lengthy process of deliberation under the chairmanship of Dr. Rajendra Prasad. The draft Constitution was passed on 26th November 1949 and it came into effect on 26th January 1950.

Making of Indian Constitution was in progress even before the country attained independence in 1947. The Constituent Assembly of India met for the first time on 9th December 1946 in a preliminary session in New Delhi under the Presidentship of Sri Sachchidananda Sinha. Later on, Dr. Rajendra Prasad, Minister for Food and Agriculture in the Interim Government, was elected permanent Chairman of the Constituent Assembly. After the attainment of Independence on 15th August 1947, the Constituent Assembly assumed legislative powers also. It functioned as the first Indian Parliament after the new Constitution came into effect on 26th January 1950, until the

fresh elections were held in 1952 to the new Parliament. The Drafting Committee of the Constitution consisted of seven members with Dr. B.R. Ambedkar as its Chairman. The other prominent members of the Committee were Sir Alladi Krishaswami Ayyar, K M Munshi, T.T. Krishnamachari and N. Gopalaswami Ayyangar. Dr. B.R. Ambedkar was the Chief architect of the Constitution of India and he was rightly called the `Modem Manu.` Sri B.N. Rau, a legal authority, served as the Constitutional Adviser to the Constituent Assembly. It took 2 years 11 months and 15 days for the members to pass the draft of the Constitution. It was finally adopted on 26th November 1949 and it came into force on 26th January 1950. Many Articles of the Constitution of India were borrowed from the Government of India Act of 1935. To a large extent, the Act of 1935 was the basic structure on which the new Constitution was framed. Many ideas were incorporated from the Constitution of Britain, Ireland and U.S.A.

Article 370
This Article deals with the temporary provisions with respect of the State of Jammu and Kashmir.

Article 370, deals with the temporary provisions with respect of the State of Jammu and Kashmir. 1. Notwithstanding anything in this Constitution: a. The provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir, b. The power of Parliament to make laws for the said State shall be limited to; i. Those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and ii. Such other matters in the said Lists, as, with the concurrence of the Government of the State, the President may by order specify. Explanation- For the purpose of this article, the Government of the State means the person for the time being recognized by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja`s Proclamation dated the fifth day of March, 1948; c. He provisions of article 1 and of this article shall apply in relation to this State; d. Such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify.

i. Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State: ii. Provided further that no such order, which relates to matters other than those referred to in the last preceding proviso, shall be issued except with the concurrence of the Government. 2. If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. 3. Notwithstanding anything in the foregoing provisions of the article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may notify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification. 4. In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November 1952, the said art. 370 shall be operative with the modification that for the explanation in col. (1) thereof the following Explanation is substituted namely: Explanation-For the purpose of this Article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir, acting on the advice of Council of Ministers of the State for the time being in office.

Election Commission of India


Election Commission of India is an independent constitutional authority. It is responsible for 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 Vice-President of India. Election Commission of India is a constitutional body which is responsible for the maintenance of the electoral procedure in the country. The Constitution of India has vested in the Election Commission of India the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature of every State and to the offices of President and VicePresident of India. Election Commission of India is a permanent Constitutional Body. It was established in accordance with the Constitution on 25th January 1950. Composition of Election Commission of India Originally the commission had only a Chief Election Commissioner. It currently consists of Chief Election Commissioner and two Election Commissioners. For the first time two additional

Commissioners were appointed on 16th October 1989 but they had a very short tenure till 1st January 1990. Later, on 1st October 1993 two additional Election Commissioners were appointed. The concept of multi-member Commission has been in operation since then, with decision making power by majority vote. Appointment and Tenure of Commissioners The Indian President appoints Chief Election Commissioner and Election Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India. The Chief Election Commissioner can be removed from office only through impeachment by the Indian Parliament. Functions of Election Commission Plenary powers vested in the Commission under Article 324 are supplemented further by Acts of Parliament, namely, Representation of the People Act, 1950 and 1951, Presidential and VicePresidential Elections Act 1952, Government of Union Territories Act 1965, Delhi Administration Act 1966 and the rules and orders made under them. It is responsible for planning and executing a whole range of complex operations that are required for conducting elections. The duties of the Commission are: (a) to superintend, direct and control the preparation of electoral rolls; (b) to conduct elections/bye-elections for Parliament, State Assemblies, and the offices of the President and Vice- President; (c) to receive election petitions challenging the validity of elections and appoint tribunals to enquire into them; (d) to examine the returns of election expenses filed by the candidates; and (e) to entertain and decide the applications for removal of such disqualifications. The Commission also functions as a quasi-judiciary body in case of electoral disputes and other matters involving the conduct of elections. Independence of Election Commission of India Independence of the Election Commission and its insulation from executive 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. Political Parties and Election Commission Indian Political Parties are registered with the Election Commission under the law. The Commission ensures inner party democracy in their functioning. Political Parties so registered with it are granted recognition at the State and National levels by the Election Commission on the basis of their poll performance at general elections according to criteria prescribed by it. The Commission, as a part of its quasi-judicial jurisdiction, also settles disputes between the splinter groups of such recognised parties. Election Commission ensures a level playing field for the

political parties in election fray, through strict observance by them of a Model Code of Conduct evolved with the consensus of political parties. The Commission holds periodical consultations with the political parties on matters connected with the conduct of elections; compliance of Model Code of Conduct and new measures proposed to be introduced by the Commission on election related matters.

Emblem of India
The Emblem of India symbolizes power, courage and confidence and was adapted by the Indian Government on 26th Jan,1950.

The Emblem of India has been taken from the Sarnath Lion Capital of Ashoka. The Indian Government adapted it on 26th January 1950; the day India became a republic. In the National Emblem, only three lions are visible, the fourth lion is hidden from the view. The lions are placed on the abacus. The abacus is encircled with smaller animals has a bull on the west, a galloping horse on the south, an elephant on the east and a lion on the north, which are separated by overriding wheels over a bell shaped lotus. At the centre of the abacus, there is a chakra (wheel), which is the symbol of Dharma (Eternal wheel of law). The words Satyameva Jayate (truth alone triumphs) have been inscribed in Devanagari script below the abacus, which has been taken from the Mundaka Upanishad. The National Emblem of India is the official seal of the President, and the Central and the State Governments. The emblem is the epitome of India`s sovereign nationhood and appears on all Indian currencies. It is used for official purposes and is among the most respected symbols of India. It symbolizes power, courage and confidence.

Constitutional Bodies in India


Constitutional Bodies in India are responsible to look after the administration of specific functions in the country. Controller General of Accounts Rashtriya Vikas Parishad

Constitutional Bodies in India are the permanent or semi-permanent organization within the machinery of government. These bodies are responsible to look after the administration of specific functions. The functions of these bodies are normally executive in character. Moreover, different types of organisation or commissions are used for advisory functions. The bodies are of national importance and help in the effective function of the government. India is a Socialist, Secular, Democratic Republic and after independence, the introduction of the independent bodies as a part of the government helped the country. These constitutional or independent bodies have extensive administrative functions. The chief of these bodies are either appointed by the president of India or the Prime Minister serve as the chairman. Among the major Constitutional Bodies in India, Election Commission is a permanent Constitutional Body. It was established in accordance with the Constitution on 25th January 1950. The Constitution has vested to this body superintendence, direction and control of the entire process for conduct of elections. Comptroller and Auditor General of India is another authority established by the Constitution of India. He is provided with the power auditing all receipts and expenditure of the Government of India and the state governments. In order to ensure independence of the office of the Comptroller and Auditor General from the executive government, the position thus remains permanent. Planning Commission of India is among the Constitutional Bodies in India. The planning commission was charged with the service of the opportunities to all for employment in the service of the community. The Prime Minister is the chairman of the Planning commission and the whole commission works under the guidance of the national Development Council. Finance Commission also serves a constitutional body for the purpose of allocation of certain resources of revenue between the Union and the State Governments. Other significant Constitutional Bodies in India include Central Vigilance Commission, Central Bureau of Investigation, National Human Rights Commission as well as National Commission for Women. The Union Public Service Commission was given autonomous status both at Federal and Provincial levels for ensuring

unbiased recruitment to the civil services and also for protection of service interests. All India Services are the civil services of India that supports in the recruitment of employees on the basis of an examination conducted through the Union Public Service Commission. The All India Services Act of 1951 authorizes that the government of India can make rules and regulation for the recruitment and conditions of service of the persons appointed for the ranks of All India Service. The organisations such as National Commission for Backward classes, National Commission for Minorities and the National Commission for Scheduled Tribes are the other significant Constitutional Bodies in India

Union Public Service Commission


Union Public Service Commission is responsible for the recruitment of the various civil servants in the country and it conducts various examinations for this purpose.

The Union Public Service Commission is one of the important Constitutional Bodies in India which has been formed to recruit various civil servants of the country by conducting competitive examinations. Originally the first Public Service Commission was constituted by the British Government in the year 1926. Article 315 of the Constitution provides for the creation of Public Service Commissions both for the Union and the States and also for Joint State Public Service Commission. According to Article 316, the Chairman and other members of the Union Public Service Commission will be appointed by the Indian President who may by regulations determine the number of members of the commission and their conditions of service and for the staff of the commission. History of Union Public Service Commission As long as British East India Company ruled over India, it did not feel the need and necessity of having Indians in the civil services. The Company had its own rules and regulations for the recruitment of personnel for manning their services. It was after 1885 that consciousness came among the Indians and they gradually began to demand a share in running their own administration. But conditions did not materially improve for long. It was only in 1919 that a provision was made for setting up a regular service commission for recruiting personnel for

running the administration and services in the Government of India. But it took the government about 6 long years to implement the provision. It was only in 1926 that the first Central Service Commission was constituted. The Government of India Act 1935 also provided for setting up a Federal Service Commission. Composition of Union Public Service Commission The number of members of the Union Public Service Commission is seven including the chairman. As nearly as may be, one half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office at least for 10 years under the Government of India. A member of the Union Public Service Commission will hold office for a term of 6 years or until he attains the age of 65. All the appointments are made by the Indian President who is also dismissing authority in their case. But dismissal can be made only when a member has been charged with misbehaviour and such a charge, after investigation, has been established by the Supreme Court of India. He can also be removed from service, if he has been declared of unsound mind, insolvent, a disqualified citizen or he got gainful employment outside his official responsibilities, without prior approval of the government. The chairman and the members are ineligible for reappointment after retirement. The Forty-second Constitutional Amendment Act, 1976 provides for the creation of an All-India Judicial Service Commission by Parliament by law. Functions of Union Public Service Commission The functions of Union Public Service Commissions have been laid down in Article 320. The duty of the Union Public Service Commission will be to conduct examinations for appointment to the services of the Union. The Union Public Service Commission may, if requested by any two or more states, assist them in framing and operating a scheme of joint recruitment for any services for which candidates possessing special qualifications are required. The commission has a right to be consulted on all matters relating to methods of recruitment, principles of appointment, in making promotions and transfers from one service to another, on all disciplinary matters affecting a government servant Parliament may by law confer additional power to be exercised by the commission. All expenses of the commission will be charged upon the Consolidated Fund of India. The Public Service Commission is required to submit annually to the President a report as to the work done by the commission and on receipt of such report the President shall cause a copy of the report to be laid before each House of Parliament. It is also the duty of the Union Public Service Commission to summit a monthly report to the President and then after the report is examined by the President it is sent to each House of Parliament. Impartiality of Union Public Service Commission In order to ensure the impartiality of the Union Public Service Commission, the Commission has been declared an independent statutory body, which is responsible to the Parliament, through the Ministry for Home Affairs, for all its activities. The appointments in the commission are made by the President and thus both in the cases of appointment and dismissal the political government has no hand. Similarly, the members of the Service Commission will continue to hold office for a fixed tenure, during their good behaviour. As a further measure towards securing impartiality, it has been provided that during the tenure of their office and after retirement the members of the

service commission shall not accept any gainful employment without the prior permission of the government.

Planning Commission of India, Constitutional Bodies in India


Planning Commission in India, established in 1950, is an institution of the Government of India, which formulates the 5 year plans for the country. The Planning Commission was set up by a Resolution of the Government of India in March 1950. The prime objectives of the Government was to promote a rapid rise in the standard of living of the people by efficient exploitation of the resources of the country, increasing production and offering opportunities to all, for employment in the service of the community. The Planning Commission was charged with the responsibility of making assessment of all resources of the country, augmenting deficient resources, formulating plans for the most effective and balanced utilisation of resources and determining priorities. Jawaharlal Nehru was the first Chairman of the Planning Commission. Currently, Dr. Manmohan Singh, the Prime Minister of India, is the Chairman and Sh. Montek Singh Ahluwalia is the Deputy Chairman. Most of the experts in the Commission are mainly economists, who make the Commission, the biggest employer of the Indian Economic Services. The first Five-year Plan was launched in 1951 and 2 subsequent Five-year plans were formulated till 1965, when there was a break because of the Indo-Pakistan Conflict. Two successive years of drought, devaluation of the currency, a general rise in prices and erosion of resources disrupted the planning process and after 3 Annual Plans between 1966 and 1969, the 4th Five-year plan was started in 1969. The 8th Plan could not take off in 1990 due to the fast changing political situation at the Centre and the years 1990-91 and 1991-92 were treated as Annual Plans. The 8th Plan was finally launched in 1992 after the initiation of structural adjustment policies. For the first 8 Plans, the emphasis was on a growing public sector with massive investments in basic and heavy industries, but since the launch of the 9th Plan in 1997, the emphasis on the public sector has become less pronounced and the current thinking on planning in the country, in general, is that it should increasingly be of an indicative nature. Organisation of the Planning Commission of India The Prime Minister is the Chairman of the Planning Commission, which works under the overall guidance of the National Development Council. The Deputy Chairman and the full time Members of the Commission, as a composite body, provide advice and guidance to the subject Divisions for the formulation of Five Year Plans, Annual Plans, State Plans, Monitoring Plan Programmes, Projects and Schemes. Functions of the Planning Commission of India The 1950 resolution setting up the Planning Commission outlined its functions as to: * Make an assessment of the material, capital and human resources of the country, including

technical personnel, and investigate the possibilities of augmenting such of these resources as are found to be deficient in relation to the nation`s requirement; * Formulate a Plan for the most effective and balanced utilisation of country`s resources; * On a determination of priorities, define the stages in which the Plan should be carried out and propose the allocation of resources for the due completion of each stage; * Indicate the factors which are tending to retard economic development, and determine the conditions which, in view of the current social and political situation, should be established for the successful execution of the Plan; * Determine the nature of the machinery which will be necessary for securing the successful implementation of each stage of the Plan in all its aspects; * Appraise, from time to time, the progress achieved in the execution of each stage of the Plan and recommend the adjustments of policy and measures that such appraisal may show to be necessary; and * Make such interim or ancillary recommendations as appear to take it to be appropriate either for facilitating the discharge of the duties assigned to it, or on a consideration of prevailing economic conditions, current policies, measures and development programme or on an examination of such specific problems as may be referred to it for advice by Central or State Governments. Evolving Functions of the Planning Commission of India From a highly centralised planning system, the Indian economy is gradually moving towards indicative planning where Planning Commission concerns itself with the building of a long term strategic vision of the future and decides on national priorities. It works out sectoral targets and provides promotional stimulus to the economy to grow in the desired direction. Planning Commission of India plays an integrative role in the development of a holistic approach to policy formulation in critical areas of human and economic development. In the social sector, schemes which require coordination and synthesis like rural health, drinking water, rural energy needs, literacy and environment protection have yet to be subjected to coordinated policy formulation. It has led to multiplicity of agencies. An integrated approach can lead to better results at much lower costs. The emphasis of the Commission is on maximising the output by using our limited resources optimally. Instead of looking for mere increase in the plan outlays, the effort is to look for increases in the efficiency of utilisation of the allocations being made. With the emergence of severe constraints on available budgetary resources, the resource allocation system between the States and Ministries of the Central Government is under strain. This requires the Planning Commission to play a mediatory and facilitating role, keeping in view the best interests of all concerned. It has to ensure smooth management of the change and help in creating a culture of high productivity and efficiency in the Government. The key to efficient utilisation of resources lies in the creation of appropriate self-managed organisations at all levels. In this area, Planning Commission attempts to play a systems change role and provide consultancy within the Government for developing better systems. In order to spread the gains of experience more widely, Planning Commission also plays an information dissemination role.

Comptroller and Auditor General of India

Comptroller and Auditor General of India, as the head of the Indian Audit and Accounts Department, is an officer created by the Constitution. The position was created with the intent to enhance accountability of the executive to the Parliament and State Legislatures by carrying out audits in the public sector and providing accounting services in the states in accordance with the Constitution of India and laws.

Comptroller and Auditor General of India (C&AG) is an important authority created by the Constitution of India. It is mainly responsible for controlling the financial system of the country at the Union as well as the State levels. He has to see to it that the diverse authorities act in regard to all financial matters in accordance with the Constitution and the laws and rules framed there under. Public audit ensures parliamentary control over expenditures voted by the legislature and renders public authorities accountable for the public moneys raised and spent by them to implement policies and programmes approved by the legislature. Accountability and transparency, the two cardinal principles of good governance in a democratic set-up, depend for their observance, to a large extent, on how well the public audit function is discharged. It is for this reason that the C&AG has been given special status by the Constitution in articles 148 to 152. It is his responsibility to ensure that money is spent and revenue rises not only in accordance with the law, but also with due regard to economy, efficiency and effectiveness. The C&AG is the constitutional authority entrusted with the high responsibility of maintaining probity in the use of public funds. Article 148 of the Constitution of India provides for a Comptroller and Auditor-General of India who shall be appointed by the Indian President by warrant under his hand and seal. His term of office is six years or up to the age of 65 years. Independence of the office of C&AG To ensure the independence of this office from the executive government of the day, it has been provided that the Comptroller and Auditor General shall not be removed from his office except on grounds of proved misbehaviour or incapacity, on an address passed by each of the two Houses of Parliament by two thirds majority of those present and voting and a majority of the total membership of each House being presented to the President in the same manner as applicable to the judges of the Supreme Court of India under article 124(4). Also, the Comptroller and Auditor General has been made ineligible for any other office under the Government of India or any State Government. His salary etc. is left to be determined by Indian Parliament by law. The salary, etc. of Comptroller and Auditor General have been equated with the judges of the Supreme Court of India. The service conditions of those serving in the Audit and Accounts Department and the administrative powers of the Comptroller and Auditor General are to be laid down by the President by rules framed after consultation with the Comptroller and Auditor General. The administrative expenses of the office of the Comptroller and Auditor General are to

be charged upon the Consolidated Fund of India. Functions of C&AG As the most important instrument of accountability, the Comptroller and Auditor General has a dual role to perform- as an agency on behalf of the Legislature to ensure that the executive complies with the various laws passed by the Legislature in letter and spirit, and secondly, on behalf of the Executive to ensure compliance by subordinate authorities with the rules and orders issued by it. He is empowered to make rules for carrying out the provisions relating to the maintenance of accounts; make regulations for carrying out the provisions relating to the scope and extent of audit, including lying down for the guidance of the Government departments the general principles of Government accounting and the broad principles in regard to audit of receipts and expenditure; requisitioning of all records of the auditee departments/organisations; access the computer systems of the auditees and to download and use electronic data either in site or off site; review the development of computer systems of auditees and suggest/enforce controls; the appointment of external auditors engaged by the auditees for meeting any statutory requirements but only with reference to Government companies; to supervise and regulate external auditors` work under the Indian Companies Act; dispense with, when circumstances so warrant, any part of detailed audit of any accounts or class of transactions and to apply such limited check in relation to such accounts or transactions as he may determine. While fulfilling his constitutional obligations, the Comptroller and Auditor General of India conducts the following types of audit: Financial Audit, Compliance Audit, Performance Audit and EDP Audit. Further, the Comptroller and Auditor General of India undertake Special Audit at the request of the Government. Thus it can be seen how the Comptroller and Auditor General of India enhances the accountability of the Parliament and State Legislatures of India by carrying out audits n the public sector organisations.

Finance Commission of India


Finance Commission of India was formulated with the purpose of allocation of resources between the Union and the States. It is constituted by the President and all appointments to the commission are made by him as well.

Finance Commission of India was formed in the year 1951 under Article 280 of the Constitution of India. The Commission was structured according to the world standards. The objective of forming the Finance Commission was to allocate resources of the revenue between the Union and the State Governments in India adequately. Formation of Finance Commission of India The detailed set up and of the Finance Commission has been provided in Article 280 of the

Constitution of India. The Article states: (1) The President shall, within two years from the commencement of this Constitution and thereafter and at the expiration of every fifth year or at such time earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President. (2) Parliament may by law determine the qualification which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected. (3) It shall be the duty of the Commission to make recommendations to the President as to the distribution of the net proceeds of taxes which are to be, or may be divided between them under this chapter and the allocation between the States of the respective shares of such proceeds. It is also the duty of the Finance Commission to define the financial relations between the Union and the State and it also caters to the purpose of devolution of non-plan revenue resources. Composition of Finance Commission of India The Finance Commission of India has a Chairman along with four other members and a Secretary. The Chairman is the person who heads the Commission and presides over its activities. The Indian Parliament is authorised to determine by law the qualifications of the members of the Commission and method of their selection. The Chairman of the Finance Commission is selected among persons who have had the experience of public affairs, and four other members are selected among persons who- are, or have been, or are qualified as judges of High Courts of India, or have knowledge of finance, or have vast experience in financial matters and are in administration, or have knowledge of economics. All the appointments are made by the Indian President. A member can be disqualified on the following grounds- when a member is found to be of unsound mind, is involved in a vile act or if his interests are likely to affect the functioning of the Commission. The tenure of the office of the Member of the Finance Commission is specified by the President of India and in some cases the members are also re-appointed. The members shall give part time or whole time service to the Commission as scheduled by the President. The salary of the members of the Finance Commission is according to the provisions led down by the Constitution of India. Functions of Finance Commission of India Under the Constitution, the basis for sharing of divisible taxes by the Centre and the States and the principles governing grants-in-aid to the states have to be decided by the Commission every five years. The President can refer to the Commission any other matter in the interest of sound finance. The recommendations of the Commission together with an explanatory memorandum as to the action taken by the Government on them are laid before each house of Parliament. The Commission has to evaluate the increase in the Consolidated Fund of a state to affix the resources of the Panchayat in the state. It also has to evaluate the increase in the Consolidated Fund of a state to affix the resources of the Municipalities in the state. Powers of Finance Commission of India

The Commission has been given adequate powers in the exercise of its function and within its area of activity. It has all the powers of the Civil Court as per the Code of Civil Procedure, 1908. It can call any witness, or can ask for the production of any public record or document from any court or office. It can ask any person to give information or document on matters as it may feel to be useful or relevant. It can function as a civil court in discharging its duties.

Council of Ministers of India


Council Of Ministers of India are mandated by the constitution to be members of either House of the Parliament of India.

Union Council of Ministers is formed under the leadership of the Prime Minister in the Republic of India. This Council comprises the Cabinet Ministers, Ministers of State and the Deputy Ministers. The number of the members of the Council of Ministers has specified by the Constitution of India. The Union Council of Ministers remains collectively responsible to the Indian Parliament. In addition to the collective responsibility, the ministers are also individually responsible for the functioning of their respective departments. The Council of Ministers is responsible for preparing and introducing bills in the Parliament; to aid and advise the President in the exercise of his functions; to determine the policy and administer them and to implement all the decisions adopted by the Parliament of India. The Union Council of Ministers carries out their functions with the help of the government officials. After the General Election in 2011 the current Council of Ministers in the Republic of India comprises the following names:

Cabinet Ministers: Name of Minister Portfolio Prime Minister and also in-charge of the Ministries/Departments not specifically allocated to the charge of any Minister viz.: Ministry of Dr. Manmohan Singh Personnel, Public Grievances & Pensions, Ministry of Planning, Department of Atomic Energy and Department of Space Shri Pranab Mukherjee Minister of Finance

Shri Sharad Pawar Minister of Agriculture and Minister of Food Processing Industries Shri A.K. Antony Minister of Defence Shri P. Chidambaram Minister of Home Affairs Shri S.M. Krishna Minister of External Affairs Shri Virbhadra Singh Minister of Micro, Small and Medium Enterprises Shri Vilasrao Minister of Science and Technology and Minister of Earth Sciences Deshmukh Shri Ghulam Nabi Azad Minister of Health and Family Welfare Shri Sushilkumar Minister of Power Shinde Shri M. Veerappa Minister of Corporate Affairs Moily Dr. Farooq Abdullah Minister of New and Renewable Energy Shri S. Jaipal Reddy Minister of Petroleum and Natural Gas Shri Kamal Nath Minister of Urban Development Shri Vayalar Ravi Minister of Overseas Indian Affairs and Minister of Civil Aviation Smt. Ambika Soni Minister of Information and Broadcasting Shri Mallikarjun Minister of Labour and Employment Kharge Minister of Human Resource Development and Minister of Shri Kapil Sibal Communications and Information Technology Shri Anand Sharma Minister of Commerce and Industry and Minister of Textiles Shri C.P. Joshi Minister of Road Transport and Highways Minister of Housing and Urban Poverty Alleviation and Minister of Kumari Selja Culture Shri Subodh Kant Minister of Tourism Sahay Shri G.K. Vasan Minister of Shipping Shri Pawan Kumar Minister of Parliamentary Affairs and Minister of Water Resources Bansal Shri Mukul Wasnik Minister of Social Justice and Empowerment Shri M.K. Alagiri Minister of Chemicals and Fertilizers Shri Praful Patel Minister of Heavy Industries and Public Enterprises Shri Shriprakash Minister of Coal Jaiswal Shri Salman Khursheed Minister of Law and Justice and Minister of Minority Affairs Shri V. Kishore Minister of Tribal Affairs and Minister of Panchayati Raj Chandra Deo Shri Beni Prasad Verma Minister of Steel Shri Dinesh Trivedi Minister of Railways Shri Jairam Ramesh Minister of Rural Development

Ministers of State with Independent Charge: Name of Ministers Shri Dinsha J. Patel Smt. Krishna Tirath Shri Ajay Maken Prof. K.V. Thomas Portfolio Ministry of Mines Ministry of Women and Child Development Ministry of Youth Affairs and Sports Ministry of Consumer Affairs, Food & Public Distribution Ministry of Statistics and Programme Implementation and Ministry of Shri Srikant Jena Chemicals and Fertilizers Smt. Jayanthi Natarajan Ministry of Environment and Forests Shri Paban Singh Ministry of Development of North Eastern Region Ghatowar Shri Gurudas Kamat Ministry of Drinking Water and Sanitation Ministers of State: Name of Ministers Portfolio Ministry of External Affairs and Ministry of Human Resource Shri E. Ahamed Development Shri Mullappally Ramachandran Ministry of Home Affairs Ministry of Personnel, Public Grievances and Pensions and Shri V. Narayanasamy Prime Minister`s Office Shri Jyotiraditya Madhavrao Ministry of Commerce and Industry Scindia Smt. D. Purandeswari Ministry of Human Resource Development Shri K.H. Muniappa Ministry of Railways Smt. Panabaka Lakshmi Ministry of Textiles Shri Namo Narain Meena Ministry of Finance Shri M.M. Pallam Raju Ministry of Defence Shri Saugata Ray Ministry of Urban Development Shri S.S. Palanimanickam Ministry of Finance Shri Jitin Prasada Ministry of Road Transport and Highways Smt. Preneet Kaur Ministry of External Affairs Ministry of Agriculture, Ministry of Food Processing Industries Shri Harish Rawat and Ministry of Parliamentary Affairs Shri Bharatsinh Solanki Ministry of Railways Shri Mahadev S. Khandela Ministry of Tribal Affairs Shri Sisir Adhikari Ministry of Rural Development Shri Sultan Ahmed Ministry of Tourism Shri Mukul Roy Ministry of Shipping

Shri Choudhury Mohan Jatua Shri D. Napoleon Dr. S. Jagathrakshakan Shri S. Gandhiselvan Shri Tusharbhai Chaudhary Shri Sachin Pilot Shri Pratik Prakashbapu Patil Shri R.P.N. Singh Shri Vincent Pala Shri Pradeep Jain Ms. Agatha Sangma Shri Ashwani Kumar Shri K.C. Venugopal Shri Sudip Bandyopadhyay Shri Charan Das Mahant Shri Jitendra Singh Shri Milind Deora Shri Rajeev Shukla

Ministry of Information and Broadcasting Ministry of Social Justice and Empowerment Ministry of Information and Broadcasting Ministry of Health and Family Welfare Ministry of Road Transport and Highways Ministry of Communications and Information Technology Ministry of Coal Ministry of Petroleum and Natural Gas and Ministry of Corporate Affairs Ministry of Water Resources and Ministry of Minority Affairs Ministry of Rural Development Ministry of Rural Development Ministry of Planning, Ministry of Science and Technology and Ministry of Earth Sciences Ministry of Power Ministry of Health and Family Welfare Ministry of Agriculture and Ministry of Food Processing Industries Ministry of Home Affairs Ministry of Communications and Information Technology Ministry of Parliamentary Affairs

Local Self Governments


Local Self Government in India is an instrument of democratic self-government serving the local community for overseeing local affairs.

Local Self Government is the management of local affairs by such local bodies who have been elected by the local people. The importance of local self-government has been emphasised by political thinkers and administrators of all ages. Local bodies are established on two different principles. The first principle comprises local bodies, which enjoy extensive powers to act in anyway they like for the betterment of the community unless restricted by law in any sphere of activity. The second principle comprises local bodies that cannot go beyond the specific functions defined for them in the various acts and statutes. The concept of Local Self Government is very ancient to India. It has originated since the Vedic period, when the village assembly known as Samiti and Sabha and the Gramani, the village headman existed. These assemblies represented the king`s authority in civil and military administration and collected dues on behalf of the king. The local bodies comprised of Gramyavadin or village judge, Dasagrami, Vimasapati, Satgrami. Gradually there was the prominence of Nagaradhyaksha or city perfects that dealt with the affairs of urban life and enforced respect for law and order in the minds of the people. In the Mauryan period there were

gamas or villages, nigamas or small towns and bhojka. This proves that considerable autonomy was enjoyed by the local institutions. Municipal government as a form of local governments has been administering in India since the time of the Maurya period. Local Self Government during the early British existed but they had suffered a lot. However, local bodies first came into existence in the presidency towns. In 1687 the Court of Directors ordered for the establishment of a corporation in Madras. The corporation, comprised British and Indian members, was empowered to levy taxes for building a guildhall, a jail and a schoolhouse for meeting the expenses of municipal staffs. The experiment testified untimely for the inhabitants, and they protested the payment of direct taxes. The Mayor sought the permission of the authorities to levy an octroi duty. The Charter Act of 1793 put the municipal institutions on a legal basis. The Governor-General had the power to appoint Justices of Peace in the presidency towns. These Justices of Power were given powers to levy taxes on houses and lands to meet the cost of police, cleansing and repair of roads. In addition to that in the late 19th century, the British Government initiated the concept of Local Self Government. When Lord Ripon became the Viceroy of India and provided notable contribution to the development of Local Government in the country. In 1882, he abandoned the existing system of local government by the officially nominated people. According to his local self-government system, the enormous Local Boards were split into smaller units to achieve greater efficiency. Moreover, to ensure popular participation in the management of local affairs, nomination system was replaced by an effective election process. Lord Ripon is considered to be the founding father of urban local government. His concept of municipal authorities as units of self-government has earned importance in the present days. Furthermore, Various Indian counsellors were appointed to advise the British viceroy and the establishment of provincial councils with Indian members. The Indian Councils Act of 1892 introduced Municipal Corporations and District Boards that created for local administration. The Bengal Act of 1842 delineates the commencing of municipal institutions beyond the presidency towns. The act was authorised to facilitate the inhabitants of any place of public resort or residence to make better provision for proposes connected with public health and convenience. Under this Act, a Municipal board was launched in one town and when the homeowners were summoned to pay direct taxes, they not only resisted rudely, but also accused the collector for encroaching when he came forward to collect taxes. This Act empowered municipal bodies to impose indirect taxes. The Act was however of a controlled disposition. The North Western Provinces, present states of U.P. and Bombay craftily gained from this act. The growth of Municipal Institutions received additional impetus after the issuing of the Royal Army Sanitary Commission Report in 1868. Though the report fundamentally dealt in army affairs, yet it was successful in attracting attention towards the unhealthy conditions in towns. In the ensuing years, several municipalities were founded in every territory. The 73rd Amendment Act of the Constitutional in 1992 came into force to provide constitutional status to the Panchayati Raj institutions. This Act proceeded further with the Panchayats in the tribal areas of eight States including Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan, from 24 December 1996. According to this act, the Panchayati Raj system was introduced as Local Self Government for all States.

The Act aims to provide 3-tier system in the Local Self Government and announces to hold Panchayat elections regularly every five years. The act also provides reservation of seats for Scheduled Castes, Scheduled Tribes and Women. Moreover, the act declares to appoint State Finance Commission to make recommendations regarding the financial powers of the Panchayats and to constitute District Planning Committee to prepare draft development plan for the district. Since the Independence movement, Local Self Government had played a significant role. However, after Independence, the Constitution of India was framed on federal principles. The Constitution makers divided the functions of the government on the three lists such as Federal, State and Concurrent. The local government bodies came under the State List and are governed by the State Statutes, or in the case of Union Territories, by the Union Parliament. In the recent years Local Self Government has been playing a vital role. These local bodies provide services to the local community as well as act as an instrument of democratic selfgovernment. This level of government is recognised by the people as they are close to the citizens and involve them in the decision making process. Local government is of two types that include urban local government and rural local government. Urban local government was manifested in Municipal Corporations, Municipal Councils, Town Area Committees and Notified Area Committees. However, the Seventy-Fourth Constitution Amendment Act adopted in 1992 proposes to form a uniform structure of Municipal Corporations, Municipal Councils and Nagar Panchayats in transitional areas. Nevertheless, the Rural local government operates through Zilla Panchayats (Parishads), Taluka Panchayats and Village Panchayats. Currently around 3 million elected members represent about 2.4 lakh Village Panchayats, 500 district panchayats and 6,000 intermediary tiers. The Panchayats represent around 5.56 lakh villages and almost 99.6 per cent of population in the rural areas.

Indian Political Parties


The Indian political scenario is dominated by a plethora of political parties
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Communist Party of India Dravida Munnetra Kazhagam

Indian National Lok Dal All India Majlis-e-Ittehadul Muslimen Jharkhand Mukti Morcha Uttarakhand Kranti Dal Rashtriya Janata Dal Bahujan Samaj Party Communist Party of India

Communist Party of India (CPI M) Indian Union Muslim League Indigenous Nationalist Party of Twipra ,Tripura Jammu and Kashmir People`s Democratic Party Kerala Congress Arunachal Congress Rashtriya Lok Dal All India Trinamool Congress

Indian National Congress Jammu and Kashmir National Conference

Janata Dal (Secular) Janathipathiya Samrakshana Samithy Lok Jan Shakti Party Pattali Makkal Katchi National Loktantrik Party All India Anna Dravida Munnetra Kazhagam (AIADMK) BJP

Akali Party

Liberation The Indian political state of affairs has an overabundance of political parties. India has a multiparty system, which can be broadly divided into two categories- the National Parties and the regional parties. National parties usually are those that are recognised in four or more states and the Election Commission of India accords this status to them. This recognition adds a new dimension to the political parties. Some recognized political parties in India are: Bahujan Samaj Party--- The Bahujan Samaj party is mainly based in Uttar Pradesh, with an elephant as their party symbol. Bharatiya Janata Party --- Bharatiya Janata Party (BJP) was established in 1980. This political party is considered the major centre-right Indian political party. All India Forward Bloc --- All India Forward Bloc was established in 1939 as a faction led by Subhas Chandra Bose within the Indian National Congress with the ideology of Socialism in the Indian context. All India Trinamool Congress --- All India Trinamool Congress was founded in 1998. At that time it was known as West Bengal Trinamool Congress, (WBTC). It is led by Mamata Banerjee. Communist Party of India (CPI) --- It was said that the Communist Party of India (CPI) was founded in Tashkent on October 17, 1920. However the foundation day as they celebrate, falls on 26 December, 1925. Communist Party of India (Marxist)--- Communist Party of India (Marxist) is an Indian political party, which has its strong presence in the states of Kerala, West Bengal and Tripura. The party emerged from a split from the Communist Party of India that occurred in 1964. Indian National Congress --- The Indian National Congress became the nation`s most dominant political party after the Indian independence in 1947. The party presently serves in the house under the 14th Lok Sabha (2004-2009). Nationalist Congress Party --- Nationalist Congress Party was formed on May 25, 1999 under the leadership of Sharad Pawar, P.A. Sangma, and Tariq Anwar. All India Anna Dravida Munnetra Kazhagam (AIADMK)--- At present the All India Anna Dravida Munnetra Kazhagam is headed by J. Jayalalithaa. Royapettah in Chennai is the party headquarters. Communist Party of India (Marxist-Leninist) Liberation --- The Communist Party of India (Marxist-Leninist) was

established in 1969. The party was formed by the All India Coordination Committee of Communist Revolutionaries. Dravida Munnetra Kazhagam --- Dravida Munnetra Kazhagam is a regional political party founded by C. N. Annadurai as a breakaway faction from the Dravidar Kazhagam headed by Periyar. Dravida Munnetra Kazhagam is a political party prominent in the state of Tamil Nadu. Indian Union Muslim League ---Indian Union Muslim League is regarded as a Muslim nationalist political party in India. The IUML is mainly based in north Kerala. Indian National Lok Dal ---Indian National Lok Dal is a Haryana based political party in India. The post of the party president is adorned by Om Prakash Chautala and Ajay Singh Chautala adorns the post of Secretary General. Indigenous Nationalist Party of Twipra --- It is a political party active in Tripura. The Indigenous Nationalist Party of Twipra is the resultant of a merger with the Indigenous Peoples Front of Tripura and the Tripura Upajati Juba Samiti in 2002. Jammu and Kashmir National Conference --The Jammu and Kashmir National Conference dominated electoral politics in the state, and was led by the Sheikh`s son Farooq Abdullah and is presently led by his son Omar Abdullah. Janata Dal (Secular) ---The Janata Dal (Secular) is very active politically mainly in Karnataka. The Janata Dal (Secular) has its roots in the Janata Party organised by Jayprakash Narayan, which was formed under one banner and united all anti-Indira Gandhi parties for the 1977 national elections. Janata Dal (United) --- The new Janata Dal (United) was formed after a merger with the erstwhile Janata Dal (United) and the Samata Party on October 30, 2003. These two parties became the united force of Bihar as opposed to the Rashtriya Janata Dal. Maharashtrawadi Gomantak Party --- The Maharashtrawadi Gomantak Party concentrates mainly on non-Brahmin Hindus, which is the largest section of the Goan society. Dayanand Bandodkar was the first chief minister of the party. Mizo National Front --- The Mizo National Famine Front was formed with the aim to help the destitutes who were suffering from the severe Mautam Famine in Mizoram. After the famine, the front changed into the Mizo National Front (MNF) on October 22, 1961.

Revolutionary Socialist Party --- The Revolutionary Socialist Party was formed out of the Bengali liberation movement Anushilan Samiti and the Hindustan Socialist Republican Army. During the 1930s, a significant faction of the Anushilan movement was influenced by the Marxist concepts. Samajwadi Party --- The Samajwadi Party was founded on October 4, 1992. This party is considered one amongst the many parties that emerged out of the Janata Dal (People`s Party), India`s primary opposition party prior to the BJP was fragmented into several regional parties. Shiromani Akali Dal --- Shiromani Akali Dal was established on 13th December 1920. Shiromani Akali Dal is a Sikh political party based in Punjab, India. Shiv Sena --- Shiv Sena is regarded as a nationalist political party in India founded on June 19, 1966 by Bal Thackeray, a Hindu nationalist, Marathi ethnocentric and a populist party active person. Telangana Rashtra Samithi --- Telangana Rashtra Samithi has the principal agenda of separating the region of Telangana from Andhra Pradesh. Chandrashekhar Rao, after stepping down from the Telugu Desam Party in 2001, formed the Telangana Rashtha Samithi. Telugu Desam Party --- The Telugu Desam Party was founded by N.T. Rama Rao on March 29, 1982. TDP is considered the first political party in India that issued a Vision 2020 document. Arunachal Congress --- Arunachal Congress was founded in September 1996 as a splinter-group of the Indian National Congress. It is a regional political party in Arunachal Pradesh. Pattali Makkal Katchi --- The Pattali Makkal Katchi party was founded by the present president of the party, Dr. S. Ramdoss in 1999. The majority membership of the party comprises the Vanniar caste, an OBC community. Uttarakhand Kranti Dal --- The Uttarakhand Kranti Dal was established in 1979 with the aim of fighting for a separate state compiling the hill districts of Uttar Pradesh.The UKD since its formation focussed on the causes of social justice, related to the Uttarakhand region of the Himalayas. All India Majlis-e-Ittehadul Muslimen --- All India Majlis-e-Ittehadul Muslimen was founded in 1927 as a pro-Nizam party. Bahadur Yar Jung and Maulana Abul Hasan Syed Ali were the founding members of the party. Jammu and Kashmir People`s Democratic Party --- Jammu and Kashmir People`s Democratic Party is a regional political party founded in 1999 under the leadership of the former Union Home Minister, Mufti Mohammed Sayeed.

Janathipathiya Samrakshana Samithy --- In 1994, the Janathipathiya Samrakshana Samithy was formed under the leadership of K.R. Gowri Amma. Before forming the party, Gowri Amma was a member of the Communist Party of India (Marxist). Jharkhand Mukti Morcha --- The Jharkhand Mukti Morcha aimed at liberalisation of Jharkhand. The basic ideology of the party is Regionalism. Jharkhand Mukti Morcha is a regional political party of Jharkhand and Orissa. Kerala Congress --- The Kerala Congress is a regiopolitical party based in Kerala. The party was formed under the leadership of K M George, from Vazhakulam, Muvattupuzha. Lok Jan Shakti Party --- Accomplished politician Ram Vilas Paswan governs the Lok Jan Shakti Party. They also pledged towards forming a "real and secular" government committed to establishing the rule of law. Rashtriya Janata Dal --- Laloo Prasad Yadav is the president of Rashtriya Janata Dal. The party was established in 1997 after Laloo Prasad Yadav broke out from Janata Dal. Rashtriya Lok Dal --- The Rashtriya Lok Dal contested for the 2004 Lok Sabha elections in ally with the Samajwadi party. A handpump is the official electoral symbol of the party. National Loktantrik Party --- The National Loktantrik Party is closely tied with the Indian National Congress.

Indian Civil Awards


These are announced annually to recognise the invaluable contribution of an individual or institution to the society.

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Padma Shri Awards Jnanpith Award Pravasi Bharatiya Samman Award Sanjay Chopra Award Padma Bhushan Awards

Bharat Ratna Sahitya Akademi Awards Ramineni Foundation Awards Geeta Chopra Award Karmaveer Puraskaar

Padma Vibhushan Awards National Bravery Awards Bharat Award Bapu Gayadhani Award Kalidas Samman

Indian Civil Awards are recognised by the Government of India. These honours are given out annually to several people who serve the Indian diaspora. Amongst the several awards the Bharat Ratna is the most prestigious Indian Civil Award. Handed over by the President of India it is awarded to people who have served the nation in the best possible ways. Personages from the fields of science, literature or other forms of art can be the recipient of this Indian Civil Award. Besides this there are several other awards, such as, the Padma Vibhushan, Padma Bhushan, Padma Shri, Rashtrapati Award, etc which are quite esteemed in India. There are several Indian Civil Awards that are awarded to common men for extraordinary deeds. The Bravery Awards organised by Godfrey Phillips India Ltd. recognise the unprecedented courage shown at the hours of need by ordinary citizens. There are several peace awards, such as, Gandhi Peace Prize and Indira Gandhi Peace Award as well. These are awarded to individuals or institutions for their contribution in changing the society by following the postulates of non violence. Indian Gallantry Awards are government approved and are handed over to the defence personnel for their services in safeguarding the nation. There are several Indian Civil Awards pertaining to the fields of sports, performing arts and literature. Personages like Sardar Vallabhbhai Patel, Sarvepalli Radhakrishnan, C. Rajagopalachari, C. V. Raman, V. V. Giri, J. R. D. Tata, Jawaharlal Nehru, Atal Bihari Vajpayee, Hazari Prasad Dwivedi, Buddhadeb Basu, B. R. Ambedkar, Satyajit Ray, Bidhan Chandra Roy, Amartya Sen, Mother Teresa, Sunil Gavaskar and others have been honoured by the Indian Civil Awards for their priceless contribution to the Indian society. Bharat Ratna National Bravery Award Padma Bhushan Padma Shri Awards Padma Vibhushan Pravasi Bharatiya Samman Ramineni Foundation Awards Sahitya Akademi Award Sangeet Natak Akademi Award

Distribution of Power between Centre and States


Distribution of power between the centre and states refers to the allocation of responsibilities between the centre and the state. There are three lists- state, union and concurrent- which specify the distribution of power.

Distribution of power between the Centre and states has been provided for in the Constitution of India for the smooth running of the Government. According to the Administrative divisions, India has 28 states and 7 union territories. Each of these regional administrative divisions has an elected government headed by a chief minister. A Governor is appointed by the Indian President, as the representative head of the federal authority in each state. The form of government in India is the quasi-federal form, with federal structure and strong unitary spirit. In the federal form of government, Divisions in Indian Administration occurs; the power is divided between a central authority and constitutional political units such as the states and the provinces. The two levels of government are interdependent and share sovereignty. The federal system also provides that the constitution is the supreme power of the land. Based on the distribution of powers between the Central Government and the State Government there are three lists - Union list, State list and Concurrent list (powers entertained by both centre and state). Union List The Union list consists of subjects on which the central government or the Indian Parliament can make laws. These subjects included in the list are of national importance. These include subjects such as defence, foreign affairs, atomic energy, banking, post and telegraph. The central government has the power of making laws on these subjects at all times also during emergencies. There are 97 subjects on which the central government can make law. State List The State list contains 66 subjects of local or state importance. The state governments have the authority to make laws on these subjects. These subjects include police, local governments, trade, commerce and agriculture. However, during national and state emergency, the power to make laws on these subjects is transferred to the Parliament. Concurrent list The Concurrent list has 47 subjects on which both the Parliament and the state legislatures can make laws. These subjects include criminal and civil procedure, marriage and divorce, education, economic planning and trade unions. Yet, in case of conflict between a law made by the central government and a law made by the state legislatures, the law made by the central government will prevail. There are certain changes regarding the authority of making laws. Education was shifted from the state list to the concurrent list by the 42nd Amendment Act of 1976. Apart from the powers mentioned in these lists, there is also a list of miscellaneous functions

called residuary powers. These are not mentioned in any of the three lists and the right to make laws on these subjects is called residuary power. The central government has been given rights to legislate on these subjects. It needs to be mentioned here that though there is the presence of a federal structure and a clear division of powers along with an independent judiciary, yet there is a strong bias towards making the Central Government more powerful than the state governments. The polity of India can turn into a complete unitary character during emergency on the ground of failure of the constitutional machinery and during such a situation the Union Government becomes all powerful.